January 21, 2020
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Senate Bill 1280

Senate Bill sb1280e1

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    CS for CS for SB 1280                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 20.19, F.S.;

  4         removing the developmental disabilities program

  5         from the Department of Children and Family

  6         Services; creating s. 20.197, F.S.;

  7         establishing the Agency for Persons with

  8         Disabilities for the purpose of providing

  9         services to persons with developmental

10         disabilities, including institutional services;

11         directing the agency to execute interagency

12         agreements with the Agency for Health Care

13         Administration for the financial management of

14         the Medicaid waivers and the Department of

15         Children and Family Services for administrative

16         support; amending s. 393.063, F.S.; updating

17         definitions and deleting obsolete definitions;

18         amending  s. 393.064, F.S.; deleting

19         requirements that the agency's legislative

20         budget request include funding for prevention;

21         amending s. 393.0655, F.S.; requiring Level 2

22         screening for specified service providers;

23         amending s. 393.066, F.S.; removing requirement

24         that services be administered and approved by

25         the districts; modifying a requirement to

26         provide certain services; deleting a

27         requirement for a 5-year plan relating to

28         community-based services; adding a requirement

29         to assist clients in gaining employment;

30         repealing obsolete requirement authorizing the

31         state to lease or construct residential


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    CS for CS for SB 1280                          First Engrossed



 1         facilities; deleting authorization to adopt

 2         rules ensuring compliance with federal rules;

 3         amending s. 393.0661, F.S.; deleting an

 4         obsolete provision; modifying provisions

 5         relating to an assessment instrument; adding

 6         requirements for adoption of rate

 7         methodologies; authorizing the Agency for

 8         Disabled Persons to enter into certain

 9         contracts; providing for reimbursement to

10         certain providers of services to the

11         developmentally disabled pursuant to a

12         methodology; requiring the Agency for Health

13         Care Administration, in consultation with the

14         Agency for Persons with Disabilities, to adopt

15         rules related to such methodology; authorizing

16         the Agency for Health Care Administration to

17         adopt emergency rules in certain circumstances;

18         limiting the applicability of such emergency

19         rules; authorizing the Agency for Health Care

20         Administration, in consultation with the Agency

21         for Persons with Disabilities, to make certain

22         adjustments necessary to comply with the

23         availability of appropriations; amending s.

24         393.068, F.S.; making service provision subject

25         to available resources; updating list of

26         services to be provided; deleting provision

27         referring to 5-year plans; amending s.

28         393.0695, F.S.; requiring in-home subsidy

29         amounts to be reassessed annually; amending s.

30         393.11, F.S.; deleting provisions referring to

31         districts, department programs, and the


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    CS for CS for SB 1280                          First Engrossed



 1         nonexistent Department of Labor and Employment

 2         Security; amending s. 393.13, F.S.; deleting

 3         obsolete provisions; adding legislative intent

 4         relating to reducing the use of sheltered

 5         workshops; amending s. 393.17, F.S.;

 6         authorizing the agency to contract for the

 7         certification of behavioral analysts; deleting

 8         provisions relating to a certification program

 9         and provisions allowing fees; amending s.

10         393.22, F.S.; deleting prohibition preventing

11         transfer of funds and ensuring financial

12         commitment for specified developmental

13         conditions; amending s. 393.502, F.S.; removing

14         reference to districts; deleting a provision

15         permitting appointment of family care council

16         members if the Governor does not act; amending

17         ss. 408.301, 408.302, F.S.; amending

18         legislative intent to add the Agency for

19         Persons with Disabilities and the Department of

20         Elderly Affairs as agencies that the Agency for

21         Health Care Administration must enter into

22         interagency agreement with regarding persons

23         with special needs; amending s. 409.906, F.S.;

24         clarifying powers of the Agency for Health Care

25         Administration with respect to limiting

26         coverage for certain services; authorizing the

27         agency to implement necessary adjustments to

28         remain within appropriations; repealing s.

29         393.14, F.S.; requiring a multiyear plan;

30         repealing s. 393.165, F.S., relating to

31         ICF/DDs; repealing s. 393.166, F.S., relating


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    CS for CS for SB 1280                          First Engrossed



 1         to homes for special services; repealing s.

 2         393.505, F.S., relating to comprehensive day

 3         treatment service projects; transferring

 4         programs and institutions relating to

 5         developmental disabilities from the Department

 6         of Children and Family Services to the Agency

 7         for Persons with Disabilities; providing duties

 8         of those agencies as well as the Department of

 9         Management Services; providing for substitution

10         of parties in administrative and judicial

11         proceedings; providing duties of the Office of

12         Program Policy Analysis and Government

13         Accountability; providing for a report;

14         amending ss. 92.53, 397.405, 400.464, 409.906,

15         419.001, 914.16, 914.17, 918.16, F.S.;

16         conforming cross-references; amending s.

17         393.067, F.S.; conforming to changes made by

18         the act; amending ss. 393.0641, 393.065,

19         393.0651, 393.0673, 393.0675, 393.0678,

20         393.071, 393.075, 393.115, 393.12, 393.125,

21         393.15, 393.501, 393.503, 393.506, F.S.;

22         creating ss. 393.135, 394.4593, and 916.1075,

23         F.S.; defining the terms "employee," "sexual

24         activity," and "sexual misconduct"; providing

25         that it is a second-degree felony for an

26         employee to engage in sexual misconduct with

27         certain developmentally disabled clients,

28         certain mental health patients, or certain

29         forensic clients; providing certain exceptions;

30         requiring certain employees to report sexual

31         misconduct to the central abuse hotline of the


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    CS for CS for SB 1280                          First Engrossed



 1         department and to law enforcement; providing

 2         for notification to the inspector general of

 3         the department or agency; providing that it is

 4         a first-degree misdemeanor to knowingly and

 5         willfully fail to make a report as required, or

 6         to prevent another from doing so, or to submit

 7         inaccurate or untruthful information; providing

 8         that it is a third-degree felony to coerce or

 9         threaten another person to alter testimony or a

10         report with respect to an incident of sexual

11         misconduct; providing criminal penalties;

12         providing that the penalties are in addition to

13         other actions provided in law; amending s.

14         435.03, F.S.; expanding level 1 screening

15         standards to include criminal offenses related

16         to sexual misconduct with certain

17         developmentally disabled clients, mental health

18         patients, or forensic clients and the reporting

19         of such sexual misconduct; amending s. 435.04,

20         F.S.; expanding level 2 screening standards to

21         include the offenses related to sexual

22         misconduct with certain developmentally

23         disabled clients, mental health patients, or

24         forensic clients and the reporting of such

25         sexual misconduct; amending s. 943.0585, F.S.,

26         relating to court-ordered expunction of

27         criminal history records, for the purpose of

28         incorporating the amendment to s. 943.059,

29         F.S., in a reference thereto; providing that

30         certain criminal history records relating to

31         sexual misconduct with developmentally disabled


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    CS for CS for SB 1280                          First Engrossed



 1         clients, mental health patients, or forensic

 2         clients, or the reporting of such sexual

 3         misconduct, shall not be expunged; providing

 4         that the application for eligibility for

 5         expunction certify that the criminal history

 6         record does not relate to an offense involving

 7         sexual misconduct with certain developmentally

 8         disabled clients, mental health patients, or

 9         forensic clients, or the reporting of such

10         sexual misconduct; conforming cross-references;

11         amending s. 943.059, F.S., relating to

12         court-ordered sealing of criminal history

13         records, for the purpose of incorporating the

14         amendment to s. 943.0585, F.S., in a reference

15         thereto; providing that certain criminal

16         history records relating to sexual misconduct

17         with developmentally disabled clients, mental

18         health patients, or forensic clients, or the

19         reporting of such sexual misconduct, shall not

20         be sealed; providing that the application for

21         eligibility for sealing certify that the

22         criminal history record does not relate to an

23         offense involving sexual misconduct with

24         certain developmentally disabled clients,

25         mental health patients, or forensic clients, or

26         the reporting of such sexual misconduct;

27         conforming cross-references; amending s.

28         400.215, F.S., and reenacting paragraphs (b)

29         and (c) of subsection (2) and subsection (3),

30         relating to background screening requirements

31         for certain nursing home personnel, for the


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    CS for CS for SB 1280                          First Engrossed



 1         purpose of incorporating the amendments to ss.

 2         435.03 and 435.04, F.S., in references thereto;

 3         correcting a cross-reference; amending s.

 4         400.964, F.S., and reenacting subsections (1),

 5         (2), and (7), relating to background screening

 6         requirements for certain personnel employed by

 7         intermediate care facilities for the

 8         developmentally disabled, for the purpose of

 9         incorporating the amendments to ss. 435.03 and

10         435.04, F.S., in references thereto; correcting

11         a cross-reference; amending s. 435.045, F.S.,

12         and reenacting paragraph (a) of subsection (1),

13         relating to requirements for the placement of

14         dependent children, for the purpose of

15         incorporating the amendment to s. 435.04, F.S.,

16         in a reference thereto; correcting a

17         cross-reference; reenacting ss. 400.414(1)(f)

18         and (g), 400.4174, 400.509(4)(a), (b), (c),

19         (d), (f), and (g), 400.556(2)(c), 400.6065(1),

20         (2), and (4), 400.980(4)(a), (b), (c), (d),

21         (f), and (g), 409.175(2)(k), 409.907(8)(d),

22         435.05(1) and (3), 744.3135, and 985.04(2),

23         F.S., relating to denial, revocation, or

24         suspension of license to operate an assisted

25         living facility; background screening

26         requirements for certain personnel employed by

27         assisted living facilities; registration of

28         particular home health care service providers;

29         denial, suspension, or revocation of license to

30         operate adult day care centers; background

31         screening requirements for certain hospice


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    CS for CS for SB 1280                          First Engrossed



 1         personnel; background screening requirements

 2         for registrants of the health care service

 3         pools; the definition of "screening" in

 4         connection with the licensure of family foster

 5         homes, residential child-caring agencies, and

 6         child-placing agencies; background screening

 7         requirements of Medicaid providers; employment

 8         of persons in positions requiring background

 9         screening; credit and criminal investigations

10         of guardians; and oaths, records, and

11         confidential information pertaining to juvenile

12         offenders, respectively, for the purpose of

13         incorporating the amendments to ss. 435.03 and

14         435.04, F.S., in references thereto; reenacting

15         ss. 400.512, 400.619(4), 400.6194(1), 400.953,

16         409.912(32), 435.07(4), 464.018(1)(e),

17         744.309(3), 744.474(12), and 985.407(4), F.S.,

18         relating to background screening of home health

19         agency personnel, nurse registry personnel,

20         companions, and homemakers; application and

21         renewal of adult family-care home provider

22         licenses; denial, revocation, or suspension of

23         adult family-care home provider license;

24         background screening of home medical equipment

25         provider personnel and background screening

26         requirements for certain persons responsible

27         for managed care plans; exemptions from

28         disqualification from employment; denial of

29         nursing license and disciplinary actions

30         against such licensees; disqualification of

31         guardians; removal of guardians; and background


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    CS for CS for SB 1280                          First Engrossed



 1         screening requirements for certain Department

 2         of Juvenile Justice personnel, respectively,

 3         for the purpose of incorporating the amendment

 4         to s. 435.03, F.S., in references thereto;

 5         reenacting ss. 39.001(2)(b), 39.821(1),

 6         110.1127(3)(a) and (c), 112.0455(12)(a),

 7         381.0059(1), (2), and (4), 381.60225(1)(a),

 8         (b), (c), (d), (f), and (g), 383.305(7)(a),

 9         (b), (c), (d), (f), and (g), 390.015(3)(a),

10         (b), (c), (d), (f), and (g), 394.875(13)(a),

11         (b), (c), (d), (f), and (g), 395.0055(1), (2),

12         (3), (4), (6), and (8), 395.0199(4)(a), (b),

13         (c), (d), (f), and (g), 397.451(1)(a),

14         400.071(4)(a), (b), (c), (d), and (f),

15         400.471(4)(a), (b), (c), (d), (f), and (g),

16         400.506(2)(a), (b), (c), (d), (f), and (g),

17         400.5572, 400.607(3)(a), 400.801(4)(a), (b),

18         (c), (d), (f), and (g), 400.805(3)(a), (b),

19         (c), (d), (f), and (g), 400.906(5)(a), (b),

20         (c), (d), (f), and (g), 400.931(5)(a), (b),

21         (c), (e), and (f), 400.962(10)(a), (b), (c),

22         (d), and (f), 400.991(7)(b) and (d),

23         402.302(2)(e), 402.305(2)(a), 402.3054(3),

24         483.30(2)(a), (b), (c), (d), (f), and (g),

25         483.101(2)(a), (b), (c), (d), (f), and (g),

26         744.1085(5), 984.01(2)(b), 985.01(2)(b),

27         1002.36(7)(a) and (b), F.S., relating to

28         background screening requirements for certain

29         Department of Children and Family Services

30         personnel; qualifications of guardians ad

31         litem; security checks of certain public


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    CS for CS for SB 1280                          First Engrossed



 1         officers and employees; background screening

 2         requirements of certain laboratory personnel in

 3         connection with the Drug-Free Workplace Act;

 4         background screening requirements for school

 5         health services personnel; background screening

 6         of certain personnel of the public health

 7         system; background screening and licensure of

 8         birth center personnel; background screening

 9         and licensure of abortion clinic personnel;

10         background screening of direct service

11         providers; background screening and licensure

12         of personnel of intermediate care facilities

13         for the developmentally disabled; background

14         screening of mental health personnel;

15         background screening and licensure of personnel

16         of crisis stabilization units, residential

17         treatment facilities, and residential treatment

18         centers for children and adolescents;

19         background screening and licensure of personnel

20         of hospitals, ambulatory surgical centers, and

21         mobile surgical facilities; background

22         screening of certain personnel in connection

23         with registration for private utilization

24         reviews; background screening of certain

25         service provider personnel; background

26         screening and licensure of certain long-term

27         care facility personnel; background screening

28         and licensure of certain home health agency

29         personnel; background screening and licensure

30         of nurse registry applicants; background

31         screening of certain adult day care center


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    CS for CS for SB 1280                          First Engrossed



 1         personnel; denial or revocation of hospice

 2         license; background screening and licensure of

 3         certain transitional living facility personnel;

 4         background screening and licensure of certain

 5         prescribed pediatric extended care center

 6         personnel; background screening and licensure

 7         of certain home medical equipment provider

 8         personnel; background screening and licensure

 9         of certain personnel of intermediate care

10         facilities for the developmentally disabled;

11         background screening and licensure of health

12         care clinic personnel; the definition of "child

13         care facility" in connection with background

14         screening of operators; background screening

15         requirements for personnel of child care

16         facilities; background screening requirements

17         for child enrichment service providers;

18         background screening and licensure of certain

19         personnel of multiphasic health testing

20         centers; background screening and licensure of

21         certain clinical laboratory personnel;

22         regulation of professional guardians;

23         background screening of certain Department of

24         Juvenile Justice and Department of Children and

25         Family Services personnel in connection with

26         programs for children and families in need of

27         services; and background screening of certain

28         Department of Juvenile Justice and Department

29         of Children and Family Services personnel in

30         connection with juvenile justice programs,

31         background screening of personnel of the


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    CS for CS for SB 1280                          First Engrossed



 1         Florida School for the Deaf and the Blind,

 2         respectively, for the purposes of incorporating

 3         the amendment to s. 435.04, F.S., in references

 4         thereto; amending s. 394.4572, F.S.; requiring

 5         the department and the agency to check the

 6         employment history of a person when screening

 7         mental health personnel for employment;

 8         reenacting s. 943.0582(2)(a) and (6), F.S.,

 9         relating to prearrest, postarrest, or teen

10         court diversion program expunction for the

11         purpose of incorporating the amendments to ss.

12         943.0585 and 943.059, F.S., in references

13         thereto; reenacting s. 943.053(7), (8), and

14         (9), F.S., relating to dissemination of

15         criminal justice information, for the purpose

16         of incorporating the amendment to s. 943.059,

17         F.S., in references thereto; providing

18         applicability; directing the Department of

19         Children and Family Services to provide its

20         eligibility determination functions with

21         department staff or through contract, with

22         certain restrictions; conforming to the changes

23         made by the act; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Paragraph (b) of subsection (4) of section

28  20.19, Florida Statutes, is amended to read:

29         20.19  Department of Children and Family

30  Services.--There is created a Department of Children and

31  Family Services.


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    CS for CS for SB 1280                          First Engrossed



 1         (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--

 2         (b)  The following program offices are established:

 3         1.  Adult Services.

 4         2.  Child Care Services.

 5         3.  Domestic Violence Developmental Disabilities.

 6         4.  Economic Self-Sufficiency Services.

 7         5.  Family Safety.

 8         6.  Mental Health.

 9         7.  Refugee Services.

10         8.  Substance Abuse.

11         Section 2.  Section 20.197, Florida Statutes, is

12  created to read:

13         20.197  Agency for Persons with Disabilities.--There is

14  created the Agency for Persons with Disabilities, housed

15  within the Department of Children and Family Services for

16  administrative purposes only. The agency shall be a separate

17  budget entity not subject to control, supervision, or

18  direction by the Department of Children and Family Services in

19  any manner, including, but not limited to, personnel,

20  purchasing, transactions involving real or personal property,

21  and budgetary matters.

22         (1)  The director of the agency shall be the agency

23  head for all purposes and shall be appointed by the Governor

24  and serve at the pleasure of the Governor. The director shall

25  administer the affairs of the agency and establish

26  administrative units as needed and may, within available

27  resources, employ assistants, professional staff, and other

28  employees as necessary to discharge the powers and duties of

29  the agency.

30         (2)  The agency shall be responsible for the provision

31  of all services provided to persons with developmental


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    CS for CS for SB 1280                          First Engrossed



 1  disabilities pursuant to chapter 393, including the operation

 2  of all state institutional programs and the programmatic

 3  management of Medicaid waivers established to provide services

 4  to persons with developmental disabilities.

 5         (3)  The agency shall engage in such other

 6  administrative activities as are deemed necessary to

 7  effectively and efficiently address the needs of the agency's

 8  clients.

 9         (4)  The agency shall enter into an interagency

10  agreement that delineates the responsibilities of the Agency

11  for Health Care Administration for the following:

12         (a)  The terms, and execution of contracts with

13  Medicaid providers for the provision of services provided

14  through Medicaid, including federally approved waiver

15  programs.

16         (b)  Billing, payment, and reconciliation of claims for

17  Medicaid services reimbursed by the agency.

18         (c)  The implementation of utilization management

19  measures, including the prior authorization of services plans

20  and the streamlining and consolidation of waivers services, to

21  ensure the cost-effective provision of needed Medicaid

22  services and to maximize the number of persons with access to

23  such services.

24         (d)  A system of approving each client's plan of care

25  to ensure that the services on the plan of care are those that

26  without which the client would require the services of an

27  intermediate care facility for the developmentally disabled.

28         Section 3.  Section 393.063, Florida Statutes, is

29  amended to read:

30         393.063  Definitions.--For the purposes of this

31  chapter:


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    CS for CS for SB 1280                          First Engrossed



 1         (1)  "Active treatment" means the provision of services

 2  by an interdisciplinary team necessary to maximize a client's

 3  individual independence or prevent regression or loss of

 4  functional status.

 5         (1)(2)  "Agency" means the Agency for Persons with

 6  Disabilities Health Care Administration.

 7         (2)(3)  "Autism" means a pervasive, neurologically

 8  based developmental disability of extended duration which

 9  causes severe learning, communication, and behavior disorders

10  with age of onset during infancy or childhood. Individuals

11  with autism exhibit impairment in reciprocal social

12  interaction, impairment in verbal and nonverbal communication

13  and imaginative ability, and a markedly restricted repertoire

14  of activities and interests.

15         (3)(4)  "Cerebral palsy" means a group of disabling

16  symptoms of extended duration which results from damage to the

17  developing brain that may occur before, during, or after birth

18  and that results in the loss or impairment of control over

19  voluntary muscles.  For the purposes of this definition,

20  cerebral palsy does not include those symptoms or impairments

21  resulting solely from a stroke.

22         (4)(5)  "Client" means any person determined eligible

23  by the agency department for developmental services under this

24  chapter.

25         (5)(6)  "Client advocate" means a friend or relative of

26  the client, or of the client's immediate family, who advocates

27  for the best interests of the client in any proceedings under

28  this chapter in which the client or his or her family has the

29  right or duty to participate.

30         (6)(7)  "Comprehensive assessment" means the process

31  which is used to determine eligibility for developmental


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    CS for CS for SB 1280                          First Engrossed



 1  services under this chapter and develop the family or

 2  individual support plan. The term includes review and

 3  evaluation of information provided by the applicant, the

 4  individual receiving supports or services through

 5  developmental services, or the family, and others providing

 6  supports or services to the individual or family, as well as

 7  the use of formal assessment instruments.

 8         (7)(8)  "Comprehensive transitional education program"

 9  means a group of jointly operating centers or units, the

10  collective purpose of which is to provide a sequential series

11  of educational care, training, treatment, habilitation, and

12  rehabilitation services to persons who have developmental

13  disabilities, as defined in subsection (12), and who have

14  severe or moderate maladaptive behaviors.  However, nothing in

15  this subsection shall require such comprehensive transitional

16  education programs to provide services only to persons with

17  developmental disabilities, as defined in subsection (12). All

18  such services shall be temporary in nature and delivered in a

19  structured residential setting with the primary goal of

20  incorporating the normalization principle to establish

21  permanent residence for persons with maladaptive behaviors in

22  facilities not associated with the comprehensive transitional

23  education program.  The staff shall include psychologists and

24  teachers who, and such staff personnel shall be available to

25  provide services in each component center or unit of the

26  program. The psychologists shall be individuals who are

27  licensed in this state and certified as behavior analysts in

28  this state, or individuals who meet the professional

29  requirements established by the department for district

30  behavior analysts and are certified as behavior analysts

31  pursuant to s. 393.17 in this state.


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    CS for CS for SB 1280                          First Engrossed



 1         (a)  Comprehensive transitional education programs

 2  shall include a minimum of two component centers or units, as

 3  defined in this paragraph, one of which shall be either an

 4  intensive treatment and educational center or a transitional

 5  training and educational center, which provide services to

 6  persons with maladaptive behaviors in the following sequential

 7  order:

 8         1.  Intensive treatment and educational center.  This

 9  component is a self-contained residential unit providing

10  intensive psychological and educational programming for

11  persons with severe maladaptive behaviors, whose behaviors

12  preclude placement in a less restrictive environment due to

13  the threat of danger or injury to themselves or others.

14         2.  Transitional training and educational center.  This

15  component is a residential unit for persons with moderate

16  maladaptive behaviors, providing concentrated psychological

17  and educational programming emphasizing a transition toward a

18  less restrictive environment.

19         3.  Community transition residence.  This component is

20  a residential center providing educational programs and such

21  support services, training, and care as are needed to assist

22  persons with maladaptive behaviors to avoid regression to more

23  restrictive environments while preparing them for more

24  independent living. Continuous-shift staff shall be required

25  for this component.

26         4.  Alternative living center.  This component is a

27  residential unit providing an educational and family living

28  environment for persons with maladaptive behaviors, in a

29  moderately unrestricted setting.  Residential staff shall be

30  required for this component.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         5.  Independent living education center.  This

 2  component is a facility providing a family living environment

 3  for persons with maladaptive behaviors, in a largely

 4  unrestricted setting which includes education and monitoring

 5  appropriate to support the development of independent living

 6  skills by the students.

 7         (b)  Centers or units that are components of a

 8  comprehensive transitional education program are subject to

 9  the license issued to the comprehensive transitional education

10  program and may be located on either single or multiple sites.

11         (c)  Comprehensive transitional education programs

12  shall develop individual education plans for each person with

13  maladaptive behaviors who receives services therein.  Such

14  individual education plans shall be developed in accordance

15  with the criteria specified included in Pub. L. No. 94-142, 20

16  U.S.C. ss. 401 et seq., and 34 C.F.R. part 300.

17         (d)  In no instance shall the total number of persons

18  with maladaptive behaviors being provided services in a

19  comprehensive transitional education program exceed 120.

20         (e)  This subsection shall authorize licensure for

21  comprehensive transitional education programs which by July 1,

22  1989:

23         1.  Are in actual operation; or

24         2.  Own a fee simple interest in real property for

25  which a county or city government has approved zoning allowing

26  for the placement of the facilities described in this

27  subsection, and have registered an intent with the department

28  to operate a comprehensive transitional education program.

29  However, nothing shall prohibit the assignment by such a

30  registrant to another entity at a different site within the

31  state, so long as there is compliance with all criteria of the


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    CS for CS for SB 1280                          First Engrossed



 1  comprehensive transitional education program and local zoning

 2  requirements and provided that each residential facility

 3  within the component centers or units of the program

 4  authorized under this subparagraph shall not exceed a capacity

 5  of 15 persons.

 6         (9)  "Day service" means the care, protection, and

 7  supervision of a client for a period of less than 24 hours a

 8  day on a regular basis which supplements for the client, in

 9  accordance with his or her individual needs, daily care,

10  enrichment opportunities, and health supervision.

11         (8)(10)  "Day habilitation facility" means any

12  nonresidential facility which provides day habilitation

13  services.

14         (9)  "Day habilitation service" means assistance with

15  the acquisition, retention, or improvement in self-help,

16  socialization, and adaptive skills which takes place in a

17  nonresidential setting, separate from the home or facility in

18  which the individual resides. Day habilitation services shall

19  focus on enabling the individual to attain or maintain his or

20  her maximum functional level and shall be coordinated with any

21  physical, occupational, or speech therapies listed in the plan

22  of care.

23         (11)  "Department" means the Department of Children and

24  Family Services.

25         (10)(12)  "Developmental disability" means a disorder

26  or syndrome that is attributable to retardation, cerebral

27  palsy, autism, spina bifida, or Prader-Willi syndrome and that

28  constitutes a substantial handicap that can reasonably be

29  expected to continue indefinitely.

30         (11)(13)  "Developmental disabilities services

31  institution" means a state-owned and state-operated facility,


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 1  formerly known as a "Sunland Center," providing for the care,

 2  habilitation, and rehabilitation of clients with developmental

 3  disabilities.

 4         (14)  "Developmental training facility" means any

 5  nonresidential facility which provides basic training and

 6  habilitation to clients.

 7         (12)(15)  "Direct service provider," also known as

 8  "caregiver" in chapters 39 and 415 or "caretaker" in

 9  provisions relating to employment security checks, means a

10  person 18 years of age or older who has direct contact with

11  individuals with developmental disabilities, or has access to

12  a client's living areas or to a client's funds or personal

13  property, and is not a relative of such unrelated to the

14  individuals with developmental disabilities.

15         (a)  The term "direct service provider" also includes

16  any person, including members of the direct service provider's

17  family, over 12 years of age who resides with the direct

18  service provider when:

19         1.  The direct service provider provides supports or

20  services in his or her residence;

21         2.  The direct service provider provides supports or

22  services in a facility adjacent to his or her residence; or

23         3.  The person residing with the direct service

24  provider has direct contact with the individual with

25  developmental disabilities during the hours of provision of

26  supports or services.

27         (b)  Persons residing with the direct service provider,

28  including family members, who are between the ages of 12 years

29  and 18 years are not required to be fingerprinted, but shall

30  be screened for delinquency records.

31  


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 1         (c)  A volunteer who assists on an intermittent basis

 2  for less than 40 hours per month is not a direct service

 3  provider for the purposes of screening if the volunteer is

 4  under the direct and constant supervision of persons who meet

 5  the personnel requirements of s. 393.0655.

 6         (d)  A physician, nurse, or other professional licensed

 7  and regulated by the Department of Business and Professional

 8  Regulation is not a direct service provider for the purposes

 9  of screening if the service he or she is providing to a client

10  is within the scope of practice for which he or she is

11  licensed.

12         (e)  A person selected by the family or the individual

13  with developmental disabilities and paid by the family or the

14  individual to provide supports or services is not a direct

15  service provider for the purpose of screening.

16         (16)  "District" means a service district of the

17  department.

18         (13)(17)  "Domicile" means the place where a client

19  legally resides, which place is his or her permanent home.

20  Domicile may be established as provided in s. 222.17.

21  Domicile may not be established in Florida by a minor who has

22  no parent domiciled in Florida, or by a minor who has no legal

23  guardian domiciled in Florida, or by any alien not classified

24  as a resident alien.

25         (14)(18)  "Enclave" means a work station in public or

26  private business or industry where a small group of persons

27  with developmental disabilities is employed and receives

28  training and support services or follow-along services among

29  nonhandicapped workers.

30         (15)(19)  "Epilepsy" means a chronic brain disorder of

31  various causes which is characterized by recurrent seizures


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    CS for CS for SB 1280                          First Engrossed



 1  due to excessive discharge of cerebral neurons.  When found

 2  concurrently with retardation, autism, or cerebral palsy,

 3  epilepsy is considered a secondary disability for which the

 4  client is eligible to receive services to ameliorate this

 5  condition pursuant according to the provisions of this

 6  chapter.

 7         (16)(20)  "Express and informed consent" means consent

 8  voluntarily given in writing with sufficient knowledge and

 9  comprehension of the subject matter involved to enable the

10  person giving consent to make an understanding and enlightened

11  decision without any element of force, fraud, deceit, duress,

12  or other form of constraint or coercion.

13         (17)(21)  "Family care program" means the program

14  established in s. 393.068 an alternative to residential

15  placement, in which a direct service provider provides a home

16  for a client and assists him or her to the extent necessary

17  for the client to participate in normal activities and to meet

18  the demands of daily living. The program provides the support

19  needed by the client's family or caretaker to meet the

20  individual needs of the client.

21         (18)(22)  "Follow-along services" means those support

22  services which shall be provided to persons with developmental

23  disabilities in all supported employment programs and may

24  include, but are not limited to, family support, assistance in

25  meeting transportation and medical needs, employer

26  intervention, performance evaluation, advocacy, replacement,

27  retraining or promotional assistance, or other similar support

28  services.

29         (19)(23)  "Foster care facility" means a residential

30  facility which provides a family living environment including

31  supervision and care necessary to meet the physical,


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    CS for CS for SB 1280                          First Engrossed



 1  emotional, and social needs of its residents. The capacity of

 2  such a facility shall not be more than three residents.

 3         (20)(24)  "Group home facility" means a residential

 4  facility which provides a family living environment including

 5  supervision and care necessary to meet the physical,

 6  emotional, and social needs of its residents.  The capacity of

 7  such a facility shall be at least 4 residents but not more

 8  than 15 residents.  For the purposes of this chapter, group

 9  home facilities shall not be considered commercial

10  enterprises.

11         (21)(25)  "Guardian advocate" means a person appointed

12  by the circuit court to represent a person with developmental

13  disabilities in any proceedings brought pursuant to s. 393.12,

14  and excludes the use of the same term as applied to a guardian

15  advocate for mentally ill persons in chapter 394.

16         (22)(26)  "Habilitation" means the process by which a

17  client is assisted to acquire and maintain those life skills

18  which enable the client to cope more effectively with the

19  demands of his or her condition and environment and to raise

20  the level of his or her physical, mental, and social

21  efficiency. It includes, but is not limited to, programs of

22  formal structured education and treatment.

23         (23)(27)  "High-risk child" means, for the purposes of

24  this chapter, a child from birth to 5 years of age with one or

25  more of the following characteristics:

26         (a)  A developmental delay in cognition, language, or

27  physical development.

28         (b)  A child surviving a catastrophic infectious or

29  traumatic illness known to be associated with developmental

30  delay, when funds are specifically appropriated.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (c)  A child with a parent or guardian with

 2  developmental disabilities who is developmentally disabled and

 3  who requires assistance in meeting the child's developmental

 4  needs.

 5         (d)  A child who has a physical or genetic anomaly

 6  associated with developmental disability.

 7         (24)(28)  "Intermediate care facility for the

 8  developmentally disabled" or "ICF/DD" means a residential

 9  facility licensed and certified pursuant to part XI of chapter

10  400 in accordance with state law, and certified by the Federal

11  Government pursuant to the Social Security Act, as a provider

12  of Medicaid services to persons who are developmentally

13  disabled. The capacity of such a facility shall not be more

14  than 120 clients.

15         (25)(29)  "Job coach" means a person who provides

16  employment-related training at a work site to individuals with

17  developmental disabilities.

18         (26)(30)  "Medical/dental services" means medically

19  necessary those services which are provided or ordered for a

20  client by a person licensed pursuant to the provisions of

21  chapter 458, chapter 459, or chapter 466.  Such services may

22  include, but are not limited to, prescription drugs,

23  specialized therapies, nursing supervision, hospitalization,

24  dietary services, prosthetic devices, surgery, specialized

25  equipment and supplies, adaptive equipment, and other services

26  as required to prevent or alleviate a medical or dental

27  condition.

28         (27)(31)  "Mobile work crew" means a group of workers

29  employed by an agency that provides services outside the

30  agency, usually under service contracts.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (28)(32)  "Normalization principle" means the principle

 2  of letting the client obtain an existence as close to the

 3  normal as possible, making available to the client patterns

 4  and conditions of everyday life which are as close as possible

 5  to the norm and patterns of the mainstream of society.

 6         (29)(33)  "Personal services" include, but are not

 7  limited to, such services as: individual assistance with or

 8  supervision of essential activities of daily living for

 9  self-care, including ambulation, bathing, dressing, eating,

10  grooming, and toileting, and other similar services that which

11  the agency department may define by rule. "Personal services"

12  shall not be construed to mean the provision of medical,

13  nursing, dental, or mental health services by the staff of a

14  facility, except as provided in this chapter. In addition, an

15  emergency response device installed in the apartment or living

16  area of a resident shall not be classified as a personal

17  service.

18         (30)(34)  "Prader-Willi syndrome" means an inherited

19  condition typified by neonatal hypotonia with failure to

20  thrive, hyperphagia or an excessive drive to eat which leads

21  to obesity usually at 18 to 36 months of age, mild to moderate

22  retardation, hypogonadism, short stature, mild facial

23  dysmorphism, and a characteristic neurobehavior.

24         (31)(35)  "Reassessment" means a process which

25  periodically develops, through annual review and revision of a

26  client's family or individual support plan, a knowledgeable

27  statement of current needs and past development for each

28  client.

29         (36)  "Rehabilitation workshop facility" means a place

30  operated by a for-profit or nonprofit agency engaged in the

31  manufacture or production of products or provision of


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    CS for CS for SB 1280                          First Engrossed



 1  services, which provides gainful rehabilitation to severely

 2  handicapped persons until such persons can become employed or

 3  which provides gainful work to persons who are developmentally

 4  disabled.

 5         (32)(37)  "Relative" means an individual who is

 6  connected by affinity or consanguinity to the client and who

 7  is 18 years of age or more.

 8         (33)(38)  "Resident" means any person who is

 9  developmentally disabled residing at a residential facility in

10  the state, whether or not such person is a client of the

11  agency department.

12         (34)(39)  "Residential facility" means a facility

13  providing room and board and personal care for persons with

14  developmental disabilities.

15         (35)  "Residential habilitation" means assistance

16  provided with acquisition, retention, or improvement in skills

17  related to activities of daily living, such as personal

18  grooming and cleanliness, bedmaking and household chores,

19  eating and the preparation of food, and the social and

20  adaptive skills necessary to enable the individual to reside

21  in a noninstitutional setting.

22         (36)(40)  "Residential habilitation center" means a

23  community residential facility that provides residential

24  habilitation. operated primarily for the diagnosis, treatment,

25  habilitation, or rehabilitation of its residents, which

26  facility provides, in a structured residential setting,

27  individualized continuing evaluation, planning, 24-hour

28  supervision, and coordination and integration of health or

29  rehabilitative services to help each resident reach his or her

30  maximum functioning capabilities. The capacity of such a

31  facility shall not be fewer less than nine residents. After


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    CS for CS for SB 1280                          First Engrossed



 1  October 1, 1989, no new residential habilitation centers shall

 2  be licensed and the licensed capacity shall not be increased

 3  for any existing residential habilitation center.

 4         (37)(41)  "Respite service" means appropriate,

 5  short-term, temporary care that is provided to a person with

 6  developmental disabilities to meet the planned or emergency

 7  needs of the person with developmental disabilities or the

 8  family or other direct service provider.

 9         (38)(42)  "Retardation" means significantly subaverage

10  general intellectual functioning existing concurrently with

11  deficits in adaptive behavior and manifested during the period

12  from conception to age 18. "Significantly subaverage general

13  intellectual functioning," for the purpose of this definition,

14  means performance which is two or more standard deviations

15  from the mean score on a standardized intelligence test

16  specified in the rules of the agency department.  "Adaptive

17  behavior," for the purpose of this definition, means the

18  effectiveness or degree with which an individual meets the

19  standards of personal independence and social responsibility

20  expected of his or her age, cultural group, and community.

21         (43)  "Screening," for purposes of employment,

22  contracting, or certification, means the act of assessing the

23  background of direct service providers and independent support

24  coordinators, who are not related to clients for whom they

25  provide services, and includes, but is not limited to,

26  employment history checks, local criminal records checks

27  through local law enforcement agencies, fingerprinting for all

28  purposes and checks in this subsection, statewide criminal

29  records checks through the Department of Law Enforcement, and

30  federal criminal records checks through the Federal Bureau of

31  Investigation; except that screening for volunteers included


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    CS for CS for SB 1280                          First Engrossed



 1  under the definition of personnel includes only local criminal

 2  records checks through local law enforcement agencies for

 3  current residence and residence immediately prior to

 4  employment as a volunteer, if different; and statewide

 5  criminal records correspondence checks through the Department

 6  of Law Enforcement.

 7         (39)(44)  "Severe self-injurious behavior" means any

 8  chronic behavior that results in injury to the person's own

 9  body, which includes, but is not limited to, self-hitting,

10  head banging, self-biting, scratching, and the ingestion of

11  harmful or potentially harmful nutritive or nonnutritive

12  substances.

13         (40)(45)  "Specialized therapies" means those

14  treatments or activities prescribed by and provided by an

15  appropriately trained, licensed, or certified professional or

16  staff person and may include, but are not limited to, physical

17  therapy, speech therapy, respiratory therapy, occupational

18  therapy, behavior therapy, physical management services, and

19  related specialized equipment and supplies.

20         (41)(46)  "Spina bifida" means, for purposes of this

21  chapter, a person with a medical diagnosis of spina bifida

22  cystica or myelomeningocele.

23         (42)(47)  "Support coordinator" means a person who is

24  designated by the agency department to assist individuals and

25  families in identifying their desires, capacities, needs, and

26  resources, as well as finding and gaining access to necessary

27  supports and services; coordinating the delivery of supports

28  and services; advocating on behalf of the individual and

29  family; maintaining relevant records; and monitoring and

30  evaluating the delivery of supports and services to determine

31  the extent to which they meet the needs and expectations


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    CS for CS for SB 1280                          First Engrossed



 1  identified by the individual, family, and others who

 2  participated in the development of the support plan.

 3         (43)(48)  "Supported employee" means a person whose

 4  developmental disability has traditionally kept him or her

 5  from integrated, community-based employment and who requires

 6  and receives supported employment ongoing support or

 7  follow-along services in order to maintain community-based

 8  employment.

 9         (44)(49)  "Supported employment" means employment

10  located or provided in a normal employment setting which

11  provides at least 20 hours employment per week in an

12  integrated work setting, with earnings paid on a commensurate

13  wage basis, and for which continued support is or follow-along

14  services are needed for continuing job maintenance.

15         (45)(50)  "Supported living" means a category of

16  individually determined services designed and coordinated in

17  such a manner as to provide assistance to adult clients who

18  require ongoing supports to live as independently as possible

19  in their own homes, to be integrated into the community, and

20  to participate in community life to the fullest extent

21  possible.

22         (46)(51)  "Training" means a planned approach to

23  assisting a client to attain or maintain his or her maximum

24  potential and includes services ranging from sensory

25  stimulation to instruction in skills for independent living

26  and employment.

27         (47)(52)  "Treatment" means the prevention,

28  amelioration, or cure of a client's physical and mental

29  disabilities or illnesses.

30         Section 4.  Subsections (1), (3), (4), and (5) of

31  section 393.064, Florida Statutes, are amended to read:


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    CS for CS for SB 1280                          First Engrossed



 1         393.064  Prevention.--

 2         (1)  The agency Department of Children and Family

 3  Services shall give priority to the development, planning, and

 4  implementation of programs which have the potential to

 5  prevent, correct, cure, or reduce the severity of

 6  developmental disabilities.  The agency department shall

 7  direct an interagency interdepartmental and interprogram

 8  effort for the continued development of a prevention plan and

 9  program.  The agency department shall identify, through

10  demonstration projects, through departmental program

11  evaluation, and through monitoring of programs and projects

12  conducted outside of the agency department, any medical,

13  social, economic, or educational methods, techniques, or

14  procedures that which have the potential to effectively

15  ameliorate, correct, or cure developmental disabilities.  The

16  program department shall determine the costs and benefits that

17  would be associated with such prevention efforts and shall

18  implement, or recommend the implementation of, those methods,

19  techniques, or procedures which are found likely to be

20  cost-beneficial.  The department in its legislative budget

21  request shall identify funding needs for such prevention

22  programs.

23         (3)  Other agencies of state government shall cooperate

24  with and assist the agency department, within available

25  resources, in implementing programs which have the potential

26  to prevent, or reduce the severity of, developmental

27  disabilities and shall consider the findings and

28  recommendations of the agency department in developing and

29  implementing agency programs and formulating agency budget

30  requests.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (4)  There is created at the developmental services

 2  institution in Gainesville a research and education unit.

 3  Such unit shall be named the Raymond C. Philips Research and

 4  Education Unit.  The functions of such unit shall include:

 5         (a)  Research into the etiology of developmental

 6  disabilities.

 7         (b)  Ensuring that new knowledge is rapidly

 8  disseminated throughout the developmental services program of

 9  the agency Department of Children and Family Services.

10         (c)  Diagnosis of unusual conditions and syndromes

11  associated with developmental disabilities in clients

12  identified throughout the developmental services programs.

13         (d)  Evaluation of families of clients with

14  developmental disabilities of genetic origin in order to

15  provide them with genetic counseling aimed at preventing the

16  recurrence of the disorder in other family members.

17         (e)  Ensuring that health professionals in the

18  developmental services institution at Gainesville have access

19  to information systems that will allow them to remain updated

20  on newer knowledge and maintain their postgraduate education

21  standards.

22         (f)  Enhancing staff training for professionals

23  throughout the agency department in the areas of genetics and

24  developmental disabilities.

25         (5)  The agency Department of Children and Family

26  Services shall have the authority, within available resources,

27  to contract for the supervision and management of the Raymond

28  C. Philips Research and Education Unit, and such contract

29  shall include specific program objectives.

30         Section 5.  Section 393.0655, Florida Statutes, is

31  amended to read:


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    CS for CS for SB 1280                          First Engrossed



 1         393.0655  Screening of direct service providers.--

 2         (1)  MINIMUM STANDARDS.--The agency department shall

 3  require level 2 employment screening pursuant to chapter 435,

 4  using the level 2 standards for screening set forth in that

 5  chapter, for direct service providers who are unrelated to

 6  their clients, including support coordinators, and managers

 7  and supervisors of residential facilities or comprehensive

 8  transitional education programs licensed under s. 393.067 and

 9  any other person, including volunteers, who provide care or

10  services, who have access to a client's living areas, or who

11  have access to a client's funds or personal property.

12  Background screening shall include employment history checks

13  as provided in s. 435.03(1) and local criminal records checks

14  through local law enforcement agencies.

15         (a)  A volunteer who assists on an intermittent basis

16  for less than 40 hours per month does not have to be screened,

17  if the volunteer is under the direct and constant supervision

18  of persons who meet the screening requirements of this

19  section.

20         (b)  Licensed physicians, nurses, or other

21  professionals licensed and regulated by the Department of

22  Health are not subject to background screening pursuant to

23  this section if they are providing a service that is within

24  their scope of licensed practice.

25         (c)  A person selected by the family or the individual

26  with developmental disabilities and paid by the family or the

27  individual to provide supports or services is not required to

28  have a background screening under this section.

29         (d)  Persons residing with the direct services

30  provider, including family members, are subject to background

31  


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    CS for CS for SB 1280                          First Engrossed



 1  screening; however, such persons who are 12 to 18 years of age

 2  shall be screened for delinquency records only.

 3         (2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency

 4  department may grant exemptions from disqualification from

 5  working with children or adults with developmental

 6  disabilities the developmentally disabled as provided in s.

 7  435.07.

 8         (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE

 9  CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints

10  and the state criminal records checks shall be borne by the

11  employer or by the employee or individual who is being

12  screened.

13         (4)  EXCLUSION FROM OWNING, OPERATING, OR BEING

14  EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;

15  HEARINGS PROVIDED.--

16         (a)  The agency department shall deny, suspend,

17  terminate, or revoke a license, certification, rate agreement,

18  purchase order, or contract, or pursue other remedies provided

19  in s. 393.0673, s. 393.0675, or s. 393.0678 in addition to or

20  in lieu of denial, suspension, termination, or revocation for

21  failure to comply with this section.

22         (b)  When the agency department has reasonable cause to

23  believe that grounds for denial or termination of employment

24  exist, it shall notify, in writing, the employer and the

25  direct service provider affected, stating the specific record

26  which indicates noncompliance with the standards in this

27  section.

28         (c)  The procedures established for hearing under

29  chapter 120 shall be available to the employer and the direct

30  service provider in order to present evidence relating either

31  


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    CS for CS for SB 1280                          First Engrossed



 1  to the accuracy of the basis of exclusion or to the denial of

 2  an exemption from disqualification.

 3         (d)  Refusal on the part of an employer to dismiss a

 4  direct service provider who has been found to be in

 5  noncompliance with standards of this section shall result in

 6  automatic denial, termination, or revocation of the license,

 7  certification, rate agreement, purchase order, or contract, in

 8  addition to any other remedies pursued by the agency

 9  department.

10         Section 6.  Section 393.066, Florida Statutes, is

11  amended to read:

12         393.066  Community services and treatment for persons

13  who are developmentally disabled.--

14         (1)  The agency Department of Children and Family

15  Services shall plan, develop, organize, and implement its

16  programs of services and treatment for persons who are

17  developmentally disabled along district lines.  The goal of

18  such programs shall be to allow clients to live as

19  independently as possible in their own homes or communities

20  and to achieve productive lives as close to normal as

21  possible.

22         (2)  All programs of services and treatment for clients

23  shall be administered through the districts and shall serve

24  all clients regardless of the type of residential setting in

25  which the client lives.  All elements of community-based

26  services shall be made available, in each service district and

27  eligibility for these services shall be consistent across the

28  state districts.  In addition, all purchased services shall be

29  approved by the agency district.

30         (2)(3)  All services needed shall be purchased instead

31  of provided directly by the agency department, when such


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    CS for CS for SB 1280                          First Engrossed



 1  arrangement is more cost-efficient than having those services

 2  provided directly by the department.

 3         (3)(4)  Community-based services that are medically

 4  necessary to prevent institutionalization shall, to the extent

 5  of available resources, include:

 6         (a)  Day habilitation services, including developmental

 7  training services.

 8         (b)  Family care services.

 9         (c)  Guardian advocate referral services.

10         (d)  Medical/dental services, except that medical

11  services shall not be provided to clients with spina bifida

12  except as specifically appropriated by the Legislature.

13         (e)  Parent training.

14         (f)  Recreation.

15         (g)  Residential services.

16         (h)  Respite services.

17         (i)  Social services.

18         (j)  Specialized therapies.

19         (k)  Supported employment, including enclave, job

20  coach, mobile work crew, and follow-along services.

21         (l)  Supported living.

22         (m)  Training, including behavioral programming.

23         (n)  Transportation.

24         (o)  Other habilitative and rehabilitative services as

25  needed.

26  

27  Services to clients with spina bifida shall not include

28  medical services except as appropriated by the Legislature.

29         (5)  Provided it is consistent with the intent of the

30  Legislature, the department shall prioritize increased

31  appropriations provided for community-based services for


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    CS for CS for SB 1280                          First Engrossed



 1  developmentally disabled individuals toward individualized,

 2  community-based supports and services for consumers and their

 3  families.  Further, the department's 5-year plan for

 4  Developmental Services shall reflect a priority toward

 5  individualized, community-based supports and services for

 6  consumers and their families.

 7         (4)(6)  The agency department shall utilize the

 8  services of private businesses, not-for-profit organizations,

 9  and units of local government whenever such services are more

10  cost-efficient than such services provided directly by the

11  department, including arrangements for provision of

12  residential facilities.

13         (5)(7)  In order to improve the potential for

14  utilization of more cost-effective, community-based

15  residential facilities, the agency department shall promote

16  the statewide development of day habilitation services for

17  clients who live with a direct service provider in a

18  community-based residential facility and who do not require

19  24-hour-a-day care in a hospital or other health care

20  institution, but who may, in the absence of day habilitation

21  services, require admission to a developmental disabilities

22  services institution. Each day service facility shall provide

23  a protective physical environment for clients, ensure that

24  direct service providers meet the minimum screening standards

25  for good moral character as required contained in s. 393.0655,

26  make available to all day habilitation service participants at

27  least one meal on each day of operation, provide facilities to

28  enable participants to obtain needed rest while attending the

29  program, as appropriate, and provide social and educational

30  activities designed to stimulate interest and provide

31  socialization skills.


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    CS for CS for SB 1280                          First Engrossed



 1         (6)  To promote independence and productivity, the

 2  agency shall provide supports and services, within available

 3  resources, to assist clients enrolled in Medicaid waivers who

 4  choose to pursue gainful employment.

 5         (7)(8)  For the purpose of making needed

 6  community-based residential facilities available at the least

 7  possible cost to the state, the agency department is

 8  authorized to lease privately owned residential facilities

 9  under long-term rental agreements, if such rental agreements

10  are projected to be less costly to the state over the useful

11  life of the facility than state purchase or state construction

12  of such a facility. In addition, the department is authorized

13  to permit, on any public land to which the department holds

14  the lease, construction of a residential facility for which

15  the department has entered into a long-term rental agreement

16  as specified in this subsection.

17         (8)(9)  The agency department may adopt rules to ensure

18  compliance with federal laws or regulations that apply to

19  services provided pursuant to this section.

20         Section 7.  Section 393.0661, Florida Statutes, is

21  amended to read:

22         393.0661  Home and community-based services delivery

23  system; comprehensive redesign.--The Legislature finds that

24  the home and community-based services delivery system for

25  persons with developmental disabilities and the availability

26  of appropriated funds are two of the critical elements in

27  making services available.  Therefore, it is the intent of the

28  Legislature that the Agency for Persons with Disabilities

29  Department of Children and Family Services shall develop and

30  implement a comprehensive redesign of the system. The redesign

31  of the home and community-based services system shall include,


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    CS for CS for SB 1280                          First Engrossed



 1  at a minimum, all actions necessary to achieve an appropriate

 2  rate structure, client choice within a specified service

 3  package, appropriate assessment strategies, an efficient

 4  billing process that contains reconciliation and monitoring

 5  components, a redefined role for support coordinators that

 6  avoids potential conflicts of interest, and family/client

 7  budgets linked to levels of need. Prior to the release of

 8  funds in the lump-sum appropriation, the department shall

 9  present a plan to the Executive Office of the Governor, the

10  House Fiscal Responsibility Council, and the Senate

11  Appropriations Committee. The plan must result in a full

12  implementation of the redesigned system no later than July 1,

13  2003.  At a minimum, the plan must provide that the portions

14  related to direct provider enrollment and billing will be

15  operational no later than March 31, 2003.  The plan must

16  further provide that a more effective needs assessment

17  instrument will be deployed by January 1, 2003, and that all

18  clients will be assessed with this device by June 30, 2003.

19         (1)  In no event may The agency shall use department

20  select an assessment instrument without appropriate evidence

21  that is it will be reliable and valid for identifying the

22  support needs of individuals. Once such evidence has been

23  obtained, however, The agency may contract with department

24  shall determine the feasibility of contracting with an

25  external vendor to apply the new assessment device to all

26  clients receiving services through the Medicaid waiver. In

27  lieu of using an external vendor or, the department may use

28  support coordinators to complete client for the assessments if

29  it develops sufficient safeguards and training to ensure

30  ongoing significantly improve the inter-rater reliability of

31  the support coordinators administering the assessment.


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    CS for CS for SB 1280                          First Engrossed



 1         (2)  The agency, with the concurrence of the Agency for

 2  Health Care Administration, may contract for the determination

 3  of medical necessity and establishment of individual budgets. 

 4         (3)  A provider of services rendered to persons with

 5  developmental disabilities pursuant to a federally approved

 6  waiver shall be reimbursed according to a rate methodology

 7  based on an analysis of the expenditure history and

 8  prospective costs of providers participating in the waiver

 9  program, or under any other methodology developed by the

10  Agency for Health Care Administration, in consultation with

11  the Agency for Persons with Disabilities, and approved by the

12  federal government in accordance with the waiver.

13         (4)  Pending the adoption of rate methodologies by

14  non-emergency rulemaking pursuant to s. 120.54, the Agency for

15  Health Care Administration may at any time adopt emergency

16  rules pursuant to s. 120.54(4) in order to comply with

17  subsection (5). In adopting such emergency rules, the agency

18  need not make the findings required by s. 120.54(4)(a), and

19  such rules shall be exempt from time limitations provided in

20  s. 120.54(4)(c) and remain in effect until replaced by another

21  emergency rule or the non-emergency adoption of the rate

22  methodology.

23         (5)  Nothing in this section or rule shall be construed

24  to prevent or limit the Agency for Health Care Administration,

25  in consultation with the Agency for Persons with Disabilities,

26  from adjusting fees, limiting enrollment, reimbursement rates,

27  lengths of stay, number of visits, number of services, or

28  making any other adjustment necessary to comply with the

29  availability of moneys and any limitations or directions

30  provided for in the General Appropriations Act.  If at any

31  time based upon an analysis by the Agency for Health Care


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    CS for CS for SB 1280                          First Engrossed



 1  Administration, in consultation with the Agency for Persons

 2  with Disabilities, the cost of Home and Community-Based waiver

 3  services are expected to exceed the appropriated amount, the

 4  Agency for Health Care Administration may implement any

 5  adjustment, including provider rate reductions, within 30 days

 6  in order to remain within the appropriation.

 7         Section 8.  Section 393.068, Florida Statutes, is

 8  amended to read:

 9         393.068  Family care program.--

10         (1)  The family care program is established for the

11  purpose of providing services and support to families and

12  individuals with developmental disabilities in order to

13  maintain the individual in the home environment and avoid

14  costly out-of-home residential placement.  The Legislature

15  recognizes the importance of family support in the long-range

16  success of deinstitutionalization. Services and support

17  available to families and individuals with developmental

18  disabilities shall emphasize community living and enable

19  individuals with developmental disabilities to enjoy typical

20  lifestyles.  Support and flexibility in coordinating support

21  and services are core elements in caring for the individual

22  who is developmentally disabled. One way to accomplish this is

23  to recognize that families are the greatest resource available

24  to individuals who have developmental disabilities and that

25  families must be supported in their role as primary care

26  givers.

27         (2)  Services and support authorized under this program

28  shall, to the extent of available resources, include the

29  services listed under s. 393.066 s. 393.066(4) and, in

30  addition, shall include, but not be limited to:

31         (a)  Attendant care.


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    CS for CS for SB 1280                          First Engrossed



 1         (b)  Barrier-free modifications to the home.

 2         (c)  Home visitation by agency workers.

 3         (d)  In-home subsidies.

 4         (e)  Low-interest loans.

 5         (f)  Parent training.

 6         (g)  Respite care.

 7         (f)(h)  Modifications for vehicles used to transport

 8  the individual with a developmental disability.

 9         (g)(i)  Facilitated communication.

10         (h)(j)  Family counseling.

11         (i)(k)  Equipment and supplies.

12         (j)(l)  Self-advocacy training.

13         (k)(m)  Roommate services.

14         (l)(n)  Integrated community activities.

15         (m)(o)  Emergency services.

16         (n)(p)  Support coordination.

17         (o)  Supported employment.

18         (p)(q)  Other support services as identified by the

19  family or individual.

20         (2)  Provided it is consistent with the intent of the

21  Legislature, the department shall prioritize increased

22  appropriations provided for family-based services for

23  developmentally disabled individuals toward individualized,

24  family-based supports and services for consumers and their

25  families. Further, the department's 5-year plan for

26  developmental services shall reflect a priority toward

27  individualized, family-based supports and services for

28  consumers and their families.

29         (3)  When it is determined by the agency department to

30  be more cost-effective and in the best interest of the client

31  to maintain such client in the home of a direct service


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    CS for CS for SB 1280                          First Engrossed



 1  provider, the parent or guardian of the client or, if

 2  competent, the client may enroll the client in the family care

 3  program. The direct service provider of a client enrolled in

 4  the family care program shall be reimbursed according to a

 5  rate schedule set by the agency department. In-home subsidies

 6  cited in paragraph (1)(d) shall be provided according to s.

 7  393.0695 and are not subject to any other payment method or

 8  rate schedule provided for in this section.

 9         (4)  All existing community resources available to the

10  client shall be utilized to support program objectives.

11  Additional services may be incorporated into the program as

12  appropriate and to the extent that resources are available.

13  The agency department is authorized to accept gifts and grants

14  in order to carry out the program.

15         (5)  The agency department may contract for the

16  provision of any portion of the services required by the

17  program, except for in-home subsidies cited in paragraph

18  (2)(d) (1)(d), which shall be provided pursuant to s.

19  393.0695. Otherwise, purchase of service contracts shall be

20  used whenever the services so provided are more cost-efficient

21  than those provided by the agency department.

22         (6)  When possible, services shall be obtained under

23  the "Florida Comprehensive Annual Services Program Plan under

24  Title XX of the Social Security Act" and the "Florida Plan for

25  Medical Assistance under Title XIX of the Social Security

26  Act."

27         (7)  To provide a range of personal services for the

28  client, the use of volunteers shall be maximized.  The agency

29  department shall assure appropriate insurance coverage to

30  protect volunteers from personal liability while acting within

31  the scope of their volunteer assignments under the program.


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    CS for CS for SB 1280                          First Engrossed



 1         (8)  The department shall submit to the President of

 2  the Senate and the Speaker of the House of Representatives, as

 3  part of the biennial plan required by s. 393.14, an evaluation

 4  report summarizing the progress of the family care program.

 5  The report shall include the information and data necessary

 6  for an accurate analysis of the costs and benefits associated

 7  with the establishment and operation of the programs that were

 8  established.

 9         Section 9.  Subsections (1) and (3) of section

10  393.0695, Florida Statutes, are amended to read:

11         393.0695  Provision of in-home subsidies.--

12         (1)  The agency may pay department shall develop by

13  October 1, 1991, a plan for paying in-home subsidies to

14  clients enrolled in the family care program or supported

15  living when it is determined to be more cost-effective and in

16  the best interest of the client to provide a cash supplement

17  to the client's income to enable the client to remain in the

18  family home or the client's own home. Payments may be made to

19  the parent or guardian of the client or, if the client is

20  competent, directly to the client.

21         (3)  In-home subsidies must be based on an individual

22  determination of need and must not exceed maximum amounts set

23  by the agency department and reassessed by the agency annually

24  department quarterly.

25         Section 10.  Subsection (1), paragraph (a) of

26  subsection (2), paragraph (a) of subsection (4), paragraphs

27  (a), (d), and (h) of subsection (5), paragraph (a) of

28  subsection (6), paragraphs (d) and (e) of subsection (8), and

29  subsection (13) of section 393.11, Florida Statutes, are

30  amended to read:

31  


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    CS for CS for SB 1280                          First Engrossed



 1         393.11  Involuntary admission to residential

 2  services.--

 3         (1)  JURISDICTION.--When a person is mentally retarded

 4  and requires involuntary admission to residential services

 5  provided by the agency developmental services program of the

 6  Department of Children and Family Services, the circuit court

 7  of the county in which the person resides shall have

 8  jurisdiction to conduct a hearing and enter an order

 9  involuntarily admitting the person in order that the person

10  may receive the care, treatment, habilitation, and

11  rehabilitation which the person needs.  For the purpose of

12  identifying mental retardation, diagnostic capability shall be

13  established by in every program function of the agency

14  department in the districts, including, but not limited to,

15  programs provided by children and families; delinquency

16  services; alcohol, drug abuse, and mental health; and economic

17  services, and by the Department of Labor and Employment

18  Security. Except as otherwise specified, the proceedings under

19  this section shall be governed by the Florida Rules of Civil

20  Procedure.

21         (2)  PETITION.--

22         (a)  A petition for involuntary admission to

23  residential services may be executed by a petitioning

24  commission. For proposed involuntary admission to residential

25  services arising out of chapter 916, the petition may be filed

26  by a petitioning commission, the agency department, the state

27  attorney of the circuit from which the defendant was

28  committed, or the defendant's attorney.

29         (4)  DEVELOPMENTAL SERVICES PARTICIPATION.--

30         (a)  Upon receiving the petition, the court shall

31  immediately order the developmental services program of the


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    CS for CS for SB 1280                          First Engrossed



 1  agency department to examine the person being considered for

 2  involuntary admission to residential services.

 3         (5)  EXAMINING COMMITTEE.--

 4         (a)  Upon receiving the petition, the court shall

 5  immediately appoint an examining committee to examine the

 6  person being considered for involuntary admission to

 7  residential services of the developmental services program of

 8  the agency department.

 9         (d)  Members of the committee shall not be employees of

10  the agency department or be associated with each other in

11  practice or in employer-employee relationships.  Members of

12  the committee shall not have served as members of the

13  petitioning commission.  Members of the committee shall not be

14  employees of the members of the petitioning commission or be

15  associated in practice with members of the commission.

16         (h)  The agency department shall develop and prescribe

17  by rule one or more standard forms to be used as a guide for

18  members of the examining committee.

19         (6)  COUNSEL; GUARDIAN AD LITEM.--

20         (a)  The person with mental retardation shall be

21  represented by counsel at all stages of the judicial

22  proceeding. In the event the person is indigent and cannot

23  afford counsel, the court shall appoint a public defender not

24  less than 20 working days before the scheduled hearing.  The

25  person's counsel shall have full access to the records of the

26  service provider and the agency department.  In all cases, the

27  attorney shall represent the rights and legal interests of the

28  person with mental retardation, regardless of who may initiate

29  the proceedings or pay the attorney's fee.

30         (8)  ORDER.--

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (d)  If an order of involuntary admission to

 2  residential services provided by the developmental services

 3  program of the agency department is entered by the court, a

 4  copy of the written order shall be served upon the person, the

 5  person's counsel, the agency department, and the state

 6  attorney and the person's defense counsel, if applicable.  The

 7  order of involuntary admission sent to the agency department

 8  shall also be accompanied by a copy of the examining

 9  committee's report and other reports contained in the court

10  file.

11         (e)  Upon receiving the order, the agency department

12  shall, within 45 days, provide the court with a copy of the

13  person's family or individual support plan and copies of all

14  examinations and evaluations, outlining the treatment and

15  rehabilitative programs. The agency department shall document

16  that the person has been placed in the most appropriate, least

17  restrictive and cost-beneficial residential facility. A copy

18  of the family or individual support plan and other

19  examinations and evaluations shall be served upon the person

20  and the person's counsel at the same time the documents are

21  filed with the court.

22         (13)  HABEAS CORPUS.--At any time and without notice,

23  any person involuntarily admitted to the developmental

24  services program of the agency department, or the person's

25  parent or legal guardian in his or her behalf, is entitled to

26  a writ of habeas corpus to question the cause, legality, and

27  appropriateness of the person's involuntary admission.  Each

28  person, or the person's parent or legal guardian, shall

29  receive specific written notice of the right to petition for a

30  writ of habeas corpus at the time of his or her involuntary

31  placement.


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    CS for CS for SB 1280                          First Engrossed



 1         Section 11.  Paragraphs (a), (b), and (d) of subsection

 2  (2), subsection (3), paragraphs (b), (g), (i), and (j) of

 3  subsection (4), and subsection (6) of section 393.13, Florida

 4  Statutes, are amended to read:

 5         393.13  Personal treatment of persons who are

 6  developmentally disabled.--

 7         (2)  LEGISLATIVE INTENT.--

 8         (a)  The Legislature finds and declares that the system

 9  of care provided which the state provides to individuals who

10  are developmentally disabled must be designed to meet the

11  needs of the clients as well as protect the integrity of their

12  legal and human rights.  Further, the current system of care

13  for persons who are developmentally disabled is in need of

14  substantial improvement in order to provide truly meaningful

15  treatment and habilitation.

16         (b)  The Legislature further finds and declares that

17  the design and delivery of treatment and services to persons

18  who are developmentally disabled should be directed by the

19  principles of normalization and therefore should:

20         1.  Abate the use of large institutions.

21         2.  Continue the development of community-based

22  services which provide reasonable alternatives to

23  institutionalization in settings that are least restrictive to

24  the client.

25         3.  Provide training and education to individuals who

26  are developmentally disabled which will maximize their

27  potential to lead independent and productive lives and which

28  will afford opportunities for outward mobility from

29  institutions.

30         4.  Reduce the use of sheltered workshops and other

31  noncompetitive employment day activities and promote


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    CS for CS for SB 1280                          First Engrossed



 1  opportunities for gainful employment for persons with

 2  developmental disabilities who choose to seek such employment.

 3         (d)  It is the intent of the Legislature:

 4         1.  To articulate the existing legal and human rights

 5  of persons who are developmentally disabled so that they may

 6  be exercised and protected. Persons with developmental

 7  disabilities shall have all the rights enjoyed by citizens of

 8  the state and the United States.

 9         2.  To provide a mechanism for the identification,

10  evaluation, and treatment of persons with developmental

11  disabilities.

12         3.  To divert those individuals from institutional

13  commitment who, by virtue of comprehensive assessment, can be

14  placed in less costly, more effective community environments

15  and programs.

16         4.  To develop a plan which will indicate the most

17  effective and efficient manner in which to implement treatment

18  programs which are meaningful to individuals with

19  developmental disabilities, while safeguarding and respecting

20  the legal and human rights of such individuals.

21         4.5.  Once the plan developed under the provisions of

22  subparagraph 4. is presented to the Legislature, To fund

23  improvements in the program in accordance with the

24  availability of state resources and yearly priorities

25  determined by the Legislature.

26         5.6.  To ensure that persons with developmental

27  disabilities receive treatment and habilitation which fosters

28  the developmental potential of the individual.

29         6.7.  To provide programs for the proper habilitation

30  and treatment of persons with developmental disabilities which

31  shall include, but not be limited to, comprehensive


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    CS for CS for SB 1280                          First Engrossed



 1  medical/dental care, education, recreation, specialized

 2  therapies, training, social services, transportation,

 3  guardianship, family care programs, day habilitation services,

 4  and habilitative and rehabilitative services suited to the

 5  needs of the individual regardless of age, degree of

 6  disability, or handicapping condition. No person with

 7  developmental disabilities shall be deprived of these

 8  enumerated services by reason of inability to pay.

 9         7.8.  To fully effectuate the normalization principle

10  through the establishment of community services for persons

11  with developmental disabilities as a viable and practical

12  alternative to institutional care at each stage of individual

13  life development. If care in a residential facility becomes

14  necessary, it shall be in the least restrictive setting.

15         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

16  DISABILITIES.--The rights described in this subsection shall

17  apply to all persons with developmental disabilities, whether

18  or not such persons are clients of the agency department.

19         (a)  Persons with developmental disabilities shall have

20  a right to dignity, privacy, and humane care, including the

21  right to be free from sexual abuse in residential facilities.

22         (b)  Persons with developmental disabilities shall have

23  the right to religious freedom and practice.  Nothing shall

24  restrict or infringe on a person's right to religious

25  preference and practice.

26         (c)  Persons with developmental disabilities shall

27  receive services, within available sources, which protect the

28  personal liberty of the individual and which are provided in

29  the least restrictive conditions necessary to achieve the

30  purpose of treatment.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (d)  Persons who are developmentally disabled shall

 2  have a right to participate in an appropriate program of

 3  quality education and training services, within available

 4  resources, regardless of chronological age or degree of

 5  disability.  Such persons may be provided with instruction in

 6  sex education, marriage, and family planning.

 7         (e)  Persons who are developmentally disabled shall

 8  have a right to social interaction and to participate in

 9  community activities.

10         (f)  Persons who are developmentally disabled shall

11  have a right to physical exercise and recreational

12  opportunities.

13         (g)  Persons who are developmentally disabled shall

14  have a right to be free from harm, including unnecessary

15  physical, chemical, or mechanical restraint, isolation,

16  excessive medication, abuse, or neglect.

17         (h)  Persons who are developmentally disabled shall

18  have a right to consent to or refuse treatment, subject to the

19  provisions of s. 393.12(2)(a) or chapter 744.

20         (i)  No otherwise qualified person shall, by reason of

21  having a developmental disability, be excluded from

22  participation in, or be denied the benefits of, or be subject

23  to discrimination under, any program or activity which

24  receives public funds, and all prohibitions set forth under

25  any other statute shall be actionable under this statute.

26         (j)  No otherwise qualified person shall, by reason of

27  having a developmental disability, be denied the right to vote

28  in public elections.

29         (4)  CLIENT RIGHTS.--For purposes of this subsection,

30  the term "client," as defined in s. 393.063, shall also

31  


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    CS for CS for SB 1280                          First Engrossed



 1  include any person served in a facility licensed pursuant to

 2  s. 393.067.

 3         (b)  Each client has the right to the possession and

 4  use of his or her own clothing and personal effects, except in

 5  those specific instances where the use of some of these items

 6  as reinforcers is essential for training the client as part of

 7  an appropriately approved behavioral program.  The chief

 8  administrator of the facility may take temporary custody of

 9  such effects when it is essential to do so for medical or

10  safety reasons.  Custody of such personal effects shall be

11  promptly recorded in the client's record, and a receipt for

12  such effects shall be immediately given to the client, if

13  competent, or the client's parent or legal guardian.

14         1.  All money belonging to a client held by the agency

15  department shall be held in compliance with s. 402.17(2).

16         2.  All interest on money received and held for the

17  personal use and benefit of a client shall be the property of

18  that client and shall not accrue to the general welfare of all

19  clients or be used to defray the cost of residential care.

20  Interest so accrued shall be used or conserved for the

21  personal use or benefit of the individual client as provided

22  in s. 402.17(2).

23         3.  Upon the discharge or death of a client, a final

24  accounting shall be made of all personal effects and money

25  belonging to the client held by the agency department.  All

26  such personal effects and money, including interest, shall be

27  promptly turned over to the client or his or her heirs.

28         (g)  No client shall be subjected to a treatment

29  program to eliminate bizarre or unusual behaviors without

30  first being examined by a physician who in his or her best

31  


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    CS for CS for SB 1280                          First Engrossed



 1  judgment determines that such behaviors are not organically

 2  caused.

 3         1.  Treatment programs involving the use of noxious or

 4  painful stimuli shall be prohibited.

 5         2.  All alleged violations of this paragraph shall be

 6  reported immediately to the chief administrative officer of

 7  the facility or the district administrator, the agency

 8  department head, and the Florida local advocacy council. A

 9  thorough investigation of each incident shall be conducted and

10  a written report of the finding and results of such

11  investigation shall be submitted to the chief administrative

12  officer of the facility or the district administrator and to

13  the agency department head within 24 hours of the occurrence

14  or discovery of the incident.

15         3.  The agency department shall adopt promulgate by

16  rule a system for the oversight of behavioral programs.  Such

17  system shall establish guidelines and procedures governing the

18  design, approval, implementation, and monitoring of all

19  behavioral programs involving clients.  The system shall

20  ensure statewide and local review by committees of

21  professionals certified as behavior analysts pursuant to s.

22  393.17.  No behavioral program shall be implemented unless

23  reviewed according to the rules established by the agency

24  department under this section.  Nothing stated in this section

25  shall prohibit the review of programs by the Florida statewide

26  or local advocacy councils.

27         (i)  Clients shall have the right to be free from

28  unnecessary physical, chemical, or mechanical restraint.

29  Restraints shall be employed only in emergencies or to protect

30  the client from imminent injury to himself or herself or

31  others.  Restraints shall not be employed as punishment, for


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    CS for CS for SB 1280                          First Engrossed



 1  the convenience of staff, or as a substitute for a

 2  habilitative plan.  Restraints shall impose the least possible

 3  restrictions consistent with their purpose and shall be

 4  removed when the emergency ends.  Restraints shall not cause

 5  physical injury to the client and shall be designed to allow

 6  the greatest possible comfort.

 7         1.  Mechanical supports used in normative situations to

 8  achieve proper body position and balance shall not be

 9  considered restraints, but shall be prescriptively designed

10  and applied under the supervision of a qualified professional

11  with concern for principles of good body alignment,

12  circulation, and allowance for change of position.

13         2.  Totally enclosed cribs and barred enclosures shall

14  be considered restraints.

15         3.  Daily reports on the employment of physical,

16  chemical, or mechanical restraints by those specialists

17  authorized in the use of such restraints shall be made to the

18  appropriate chief administrator of the facility, and a monthly

19  summary of such reports shall be relayed to the district

20  administrator and the Florida local advocacy council.  The

21  reports shall summarize all such cases of restraints, the type

22  used, the duration of usage, and the reasons therefor.

23  Districts shall submit districtwide quarterly reports of these

24  summaries to the state Developmental Disabilities Program

25  Office.

26         4.  The agency department shall post a copy of the

27  rules adopted promulgated under this section in each living

28  unit of residential facilities.  A copy of the rules adopted

29  promulgated under this section shall be given to all staff

30  members of licensed facilities and made a part of all

31  preservice and inservice training programs.


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 1         (j)1.  Each client shall have a central record.  The

 2  record shall include data pertaining to admission and such

 3  other information as may be required under rules of the agency

 4  department.

 5         2.  Unless waived by the client, if competent, or the

 6  client's parent or legal guardian if the client is

 7  incompetent, the client's central record shall be confidential

 8  and exempt from the provisions of s. 119.07(1), and no part of

 9  it shall be released except:

10         a.  The record may be released to physicians,

11  attorneys, and government agencies having need of the record

12  to aid the client, as designated by the client, if competent,

13  or the client's parent or legal guardian, if the client is

14  incompetent.

15         b.  The record shall be produced in response to a

16  subpoena or released to persons authorized by order of court,

17  excluding matters privileged by other provisions of law.

18         c.  The record or any part thereof may be disclosed to

19  a qualified researcher, a staff member of the facility, or an

20  employee of the agency department when the administrator of

21  the facility or the director secretary of the agency

22  department deems it necessary for the treatment of the client,

23  maintenance of adequate records, compilation of treatment

24  data, or evaluation of programs.

25         d.  Information from the records may be used for

26  statistical and research purposes if the information is

27  abstracted in such a way to protect the identity of

28  individuals.

29         3.  All central records for each client in residential

30  facilities shall be kept on uniform forms distributed by the

31  


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    CS for CS for SB 1280                          First Engrossed



 1  agency department.  The central record shall accurately

 2  summarize each client's history and present condition.

 3         4.  The client, if competent, or the client's parent or

 4  legal guardian if the client is incompetent, shall be supplied

 5  with a copy of the client's central record upon request.

 6         (6)  NOTICE OF RIGHTS.--Each person with developmental

 7  disabilities, if competent, or parent or legal guardian of

 8  such person if the person is incompetent, shall promptly

 9  receive from the agency Department of Children and Family

10  Services or the Department of Education a written copy of this

11  act. Each person with developmental disabilities able to

12  comprehend shall be promptly informed, in the language or

13  other mode of communication which such person understands, of

14  the above legal rights of persons with developmental

15  disabilities.

16         Section 12.  Section 393.17, Florida Statutes, is

17  amended to read:

18         393.17  Behavioral programs; certification of behavior

19  analysts; fees.--The agency may recognize the certification of

20  behavior analysts awarded by a nonprofit corporation whose

21  mission is to meet professional credentialing needs identified

22  by behavior analysts, state governments, and consumers of

23  behavior analysis services and whose work has the support of

24  the Association for Behavior Analysis International. The

25  department shall by rule implement a certification program to

26  ensure that qualified persons oversee the design and

27  implementation of behavioral programs for persons who are

28  developmentally disabled. Certification and recertification

29  minimum standards must comply with departmental rules and must

30  include, for initial certification, examination of

31  competencies in applying behavior analysis with persons who


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 1  are developmentally disabled within established competency

 2  clusters.  These competency clusters shall include, but not be

 3  limited to, behavioral assessments, observation and recording,

 4  behavioral program development and monitoring, and other areas

 5  as determined by professional practitioners of behavior

 6  analysis. Fees shall be charged for certification not to

 7  exceed the cost of development and administration of the

 8  examination and periodic renewal of certification. The

 9  department shall establish by rule the procedures for

10  certification and certification renewal.

11         Section 13.  Section 393.22, Florida Statutes, is

12  amended to read:

13         393.22  Transfer of appropriations; barriers to

14  services; Financial commitment to community services

15  programs.--

16         (1)  No funds appropriated for developmental services

17  programs shall be transferred pursuant to s. 216.292, unless

18  there is a finding by the secretary that treatment programs

19  for developmental disabilities will not be adversely affected

20  by the transfer.

21         (2)  Development of programs for other disabilities

22  shall not effectuate a reduction or dilution of the ongoing

23  financial commitment of the state through appropriations for

24  programs and services for persons with mental retardation,

25  cerebral palsy, autism, or spina bifida.

26         (3)  In order to The Department of Children and Family

27  Services and the Agency for Health Care Administration jointly

28  shall ensure that whenever a number of persons move from an

29  institution serving persons with developmental disabilities

30  which is sufficient to allow an entire residential unit within

31  that institution to be closed, no less than 80 percent of the


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 1  direct costs of providing services to persons who had resided

 2  in that unit shall be reallocated for community services.

 3         Section 14.  Section 393.502, Florida Statutes, is

 4  amended to read:

 5         393.502  Family care councils.--

 6         (1)  CREATION.--There shall be established and located

 7  within each service area of the agency district of the

 8  department a district family care council.

 9         (2)  MEMBERSHIP.--

10         (a)  Each local district family care council shall

11  consist of at least 10 and no more than 15 members recommended

12  by a majority vote of the local district family care council

13  and appointed by the Governor.

14         (b)  At least three of the members of the council must

15  be consumers. One such member shall be a consumer who received

16  developmental services within the 4 years prior to the date of

17  recommendation, or the legal guardian of such a consumer. The

18  remainder of the council members shall be parents, guardians,

19  or siblings of persons with developmental disabilities who

20  qualify for developmental services pursuant to this chapter.

21         (c)  A person who is currently serving on another board

22  or council of the agency department may not be appointed to a

23  local district family care council.

24         (d)  Employees of the agency department are not

25  eligible to serve on a local district family care council.

26         (e)  Persons related by consanguinity or affinity

27  within the third degree shall not serve on the same local

28  district family care council at the same time.

29         (f)  A chair for the council shall be chosen by the

30  council members to serve for 1 year. A person may serve no

31  more than four 1-year terms as chair.


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 1         (3)  TERMS; VACANCIES.--

 2         (a)  Council members shall be appointed for a 3-year

 3  term, except as provided in subsection (8), and may be

 4  reappointed to one additional term.

 5         (b)  A member who has served two consecutive terms

 6  shall not be eligible to serve again until 12 months have

 7  elapsed since ending his or her service on the local district

 8  council.

 9         (c)  Upon expiration of a term or in the case of any

10  other vacancy, the local district council shall, by majority

11  vote, recommend to the Governor for appointment a person for

12  each vacancy. If the Governor does not act on the council's

13  recommendations within 45 days after receiving them, the

14  persons recommended shall be considered to be appointed.

15         (4)  COMMITTEE APPOINTMENTS.--The chair of the local

16  district family care council may appoint persons to serve on

17  council committees. Such persons may include former members of

18  the council and persons not eligible to serve on the council.

19         (5)  TRAINING.--

20         (a)  The agency department, in consultation with the

21  local district councils, shall establish a training program

22  for local district family care council members. Each local

23  area district shall provide the training program when new

24  persons are appointed to the local district council and at

25  other times as the secretary deems necessary.

26         (b)  The training shall assist the council members to

27  understand the laws, rules, and policies applicable to their

28  duties and responsibilities.

29         (c)  All persons appointed to a local district council

30  must complete this training within 90 days after their

31  


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    CS for CS for SB 1280                          First Engrossed



 1  appointment. A person who fails to meet this requirement shall

 2  be considered to have resigned from the council.

 3         (6)  MEETINGS.--Council members shall serve on a

 4  voluntary basis without payment for their services but shall

 5  be reimbursed for per diem and travel expenses as provided for

 6  in s. 112.061.  The council shall meet at least six times per

 7  year.

 8         (7)  PURPOSE.--The purpose of the local district family

 9  care councils shall be to advise the agency department and its

10  district advisory boards, to develop a plan for the delivery

11  of developmental services family support services within the

12  local area district, and to monitor the implementation and

13  effectiveness of services and support provided under the plan.

14  The primary functions of the local district family care

15  councils shall be to:

16         (a)  Assist in providing information and outreach to

17  families.

18         (b)  Review the effectiveness of service developmental

19  services programs and make recommendations with respect to

20  program implementation.

21         (c)  Advise the agency district developmental services

22  administrators with respect to policy issues relevant to the

23  community and family support system in the local area

24  district.

25         (d)  Meet and share information with other local

26  district family care councils.

27         (8)  NEW COUNCILS.--When a local district family care

28  council is established for the first time in a local area

29  district, the Governor shall appoint the first four council

30  members, who shall serve 3-year terms. These members shall

31  submit to the Governor, within 90 days after their


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    CS for CS for SB 1280                          First Engrossed



 1  appointment, recommendations for at least six additional

 2  members, selected by majority vote. If the Governor does not

 3  act on the recommendations within 45 days after receiving

 4  them, the persons recommended shall be considered to be

 5  appointed. Those members recommended for appointment by the

 6  Governor shall serve for 2 years.

 7         (9)  FUNDING; FINANCIAL REVIEW.--The local district

 8  family care council may apply for, receive, and accept grants,

 9  gifts, donations, bequests, and other payments from any public

10  or private entity or person. Each local district council is

11  shall be subject to an annual financial review by district

12  staff assigned by the agency district administrator. Each

13  local district council shall exercise care and prudence in the

14  expenditure of funds. The local district family care councils

15  shall comply with state expenditure requirements.

16         Section 15.  Section 408.301, Florida Statutes, is

17  amended to read:

18         408.301  Legislative findings.--The Legislature has

19  found that access to quality, affordable, health care for all

20  Floridians is an important goal for the state. The Legislature

21  recognizes that there are Floridians with special health care

22  and social needs which require particular attention. The

23  people served by the Department of Children and Family

24  Services, the Agency for Persons with Disabilities, and the

25  Department of Health, and the Department of Elderly Affairs

26  are examples of citizens with special needs. The Legislature

27  further recognizes that the Medicaid program is an intricate

28  part of the service delivery system for the special needs

29  citizens served by or through the Department of Children and

30  Family Services and the Department of Health. However, the

31  Agency for Health Care Administration is not a service


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    CS for CS for SB 1280                          First Engrossed



 1  provider and does not develop or direct programs for the

 2  special needs citizens served by or through the Department of

 3  Children and Family Services and the Department of Health.

 4  Therefore, it is the intent of the Legislature that the Agency

 5  for Health Care Administration work closely with the

 6  Department of Children and Family Services, the Agency for

 7  Persons with Disabilities, and the Department of Health, and

 8  the Department of Elderly Affairs in developing plans for

 9  assuring access to all Floridians in order to assure that the

10  needs of special citizens are met.

11         Section 16.  Section 408.302, Florida Statutes, is

12  amended to read:

13         408.302  Interagency agreement.--

14         (1)  The Agency for Health Care Administration shall

15  enter into an interagency agreement with the Department of

16  Children and Family Services, the Agency for Persons with

17  Disabilities, and the Department of Health, and the Department

18  of Elderly Affairs to assure coordination and cooperation in

19  serving special needs citizens. The agreement shall include

20  the requirement that the secretaries or directors secretary of

21  the Department of Children and Family Services, the Agency for

22  Persons with Disabilities, and the secretary of the Department

23  of Health, and the Department of Elderly Affairs approve,

24  prior to adoption, any rule developed by the Agency for Health

25  Care Administration where such rule has a direct impact on the

26  mission of the respective state agencies Department of

27  Children and Family Services and the Department of Health,

28  their programs, or their budgets.

29         (2)  For rules which indirectly impact on the mission

30  of the Department of Children and Family Services, the Agency

31  for Persons with Disabilities, and the Department of Health,


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    CS for CS for SB 1280                          First Engrossed



 1  and the Department of Elderly Affairs, their programs, or

 2  their budgets, the concurrence of the respective secretaries

 3  or directors secretary of the Department of Children and

 4  Family Services and the secretary of the Department of Health

 5  on the rule is required.

 6         (3)  For all other rules developed by the Agency for

 7  Health Care Administration, coordination with the Department

 8  of Children and Family Services, the Agency for Persons with

 9  Disabilities, and the Department of Health, and the Department

10  of Elderly Affairs is encouraged.

11         (4)  The interagency agreement shall also include any

12  other provisions necessary to ensure a continued cooperative

13  working relationship between the Agency for Health Care

14  Administration and the Department of Children and Family

15  Services, the Agency for Persons with Disabilities, and the

16  Department of Health, and the Department of Elderly Affairs as

17  each strives to meet the needs of the citizens of Florida.

18         Section 17.  Subsection (13) of section 409.906,

19  Florida Statutes, is amended to read:

20         409.906  Optional Medicaid services.--Subject to

21  specific appropriations, the agency may make payments for

22  services which are optional to the state under Title XIX of

23  the Social Security Act and are furnished by Medicaid

24  providers to recipients who are determined to be eligible on

25  the dates on which the services were provided.  Any optional

26  service that is provided shall be provided only when medically

27  necessary and in accordance with state and federal law.

28  Optional services rendered by providers in mobile units to

29  Medicaid recipients may be restricted or prohibited by the

30  agency. Nothing in this section shall be construed to prevent

31  or limit the agency from adjusting fees, reimbursement rates,


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    CS for CS for SB 1280                          First Engrossed



 1  lengths of stay, number of visits, or number of services, or

 2  making any other adjustments necessary to comply with the

 3  availability of moneys and any limitations or directions

 4  provided for in the General Appropriations Act or chapter 216.

 5  If necessary to safeguard the state's systems of providing

 6  services to elderly and disabled persons and subject to the

 7  notice and review provisions of s. 216.177, the Governor may

 8  direct the Agency for Health Care Administration to amend the

 9  Medicaid state plan to delete the optional Medicaid service

10  known as "Intermediate Care Facilities for the Developmentally

11  Disabled."  Optional services may include:

12         (13)  HOME AND COMMUNITY-BASED SERVICES.--The agency

13  may pay for home-based or community-based services that are

14  rendered to a recipient in accordance with a federally

15  approved waiver program. The agency may limit or eliminate

16  coverage for certain Project AIDS Care Waiver services,

17  preauthorize high-cost or highly utilized services, or make

18  any other adjustments necessary to comply with any limitations

19  or directions provided for in the General Appropriations Act.

20  If at any time, based upon an analysis by the agency, the cost

21  of waiver services are expected to exceed the appropriated

22  amount, the agency may implement any adjustment, including

23  provider rate reductions, within 30 days in order to remain

24  within the appropriation following publication of such

25  adjustment as provided in s. 120.55.

26         Section 18.  Sections 393.14, 393.165, 393.166, and

27  393.505, Florida Statutes, are repealed.

28         Section 19.  (1)  Effective October 1, 2004, the

29  developmental disabilities program and the developmental

30  services institutions in the Department of Children and Family

31  Services shall be transferred to the Agency for Persons with


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    CS for CS for SB 1280                          First Engrossed



 1  Disabilities by a type two transfer pursuant to section 20.06,

 2  Florida Statutes. Prior to that date:

 3         (a)  The Agency for Persons with Disabilities and the

 4  Department of Children and Family Services, in consultation

 5  with the Department of Management Services, shall determine

 6  the number of positions and resources within the department

 7  dedicated to the developmental disabilities program which

 8  shall be transferred to the agency and will develop an

 9  agreement that delineates who within the department will

10  provide administrative support to the agency.

11         (b)  The Director of the Agency for Persons with

12  Disabilities, in consultation with the Secretaries of the

13  Department of Children and Family Services and the Agency for

14  Health Care Administration or their designees, shall prepare a

15  transition plan that must address, at a minimum, building

16  leases, information support systems, cash ownership and

17  transfer, administrative support functions, inventory and

18  transfers of equipment and structures, expenditure transfers,

19  budget authority and positions, and certifications forward.

20  This plan shall be submitted by September 1, 2004, to the

21  Executive Office of the Governor, the President of the Senate,

22  and the Speaker of the House of Representatives.

23         (c)  The Agency for Persons with Disabilities and the

24  Department of Children and Family Services shall work with the

25  Agency for Health Care Administration to develop a plan that

26  ensures that all of the necessary electronic and paper-based

27  data of the Developmental Disabilities program is accessible

28  to the Medicaid program and that all electronic records will

29  be migrated to a new data system that is compatible with the

30  Florida Medicaid Management Information System.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (d)  The Agency for Persons with Disabilities and the

 2  Agency for Health Care Administration shall develop a plan for

 3  the orderly relocation of the noncentral-office staff of the

 4  Agency for Persons with Disabilities to the area offices of

 5  the Agency for Health Care Administration. Such plan shall

 6  include a schedule that takes into consideration the

 7  availability of space, the expiration of current leases, and

 8  the initiation of new leases that can accommodate the

 9  relocated staff, as well as appropriate reimbursement for

10  collocation costs, including office space and other operating

11  expenses.

12         (2)  Effective October 1, 2004, the agency shall enter

13  into an interagency agreement with the Department of Children

14  and Family Services for the provision of the necessary

15  day-to-day administrative and operational needs of the agency,

16  including, but not limited to, personnel, purchasing,

17  information technology support, legal support, and other

18  related services. This interagency agreement shall continue

19  until the agency no longer requires the provision of services

20  through such agreement.

21         (3)  This act does not affect the validity of any

22  judicial or administrative proceeding pending on October 30,

23  2004, and the Agency for Persons with Disabilities is

24  substituted as a real party in interest with respect to any

25  proceeding pending on that date which involves the

26  developmental services programs of the Department of Children

27  and Family Services.

28         Section 20.  The Office of Program Policy Analysis and

29  Government Accountability shall identify and evaluate

30  statewide entities receiving state funding for the purpose of

31  


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    CS for CS for SB 1280                          First Engrossed



 1  addressing the interests of, but not directly providing

 2  services for, persons with disabilities.

 3         (1)  The purpose of the analysis shall be to provide

 4  information with respect to:

 5         (a)  The extent to which activities of these entities

 6  are coordinated;

 7         (b)  The similarities and differences in the

 8  organizational missions of these entities; and

 9         (c)  The amount of state funds provided to these

10  entities for the purpose of addressing the interests of

11  persons with disabilities, the uses of these funds, and

12  whether they duplicate the efforts of other private or

13  federally funded entities.

14         (2)  The report shall be completed and provided to the

15  Governor and Legislature by December 2005.

16         Section 21.  Subsection (1) of section 92.53, Florida

17  Statutes, is amended to read:

18         92.53  Videotaping of testimony of victim or witness

19  under age 16 or person with mental retardation.--

20         (1)  On motion and hearing in camera and a finding that

21  there is a substantial likelihood that a victim or witness who

22  is under the age of 16 or who is a person with mental

23  retardation as defined in s. 393.063 s. 393.063(42) would

24  suffer at least moderate emotional or mental harm due to the

25  presence of the defendant if the child or person with mental

26  retardation is required to testify in open court, or that such

27  victim or witness is otherwise unavailable as defined in s.

28  90.804(1), the trial court may order the videotaping of the

29  testimony of the victim or witness in a case, whether civil or

30  criminal in nature, in which videotaped testimony is to be

31  utilized at trial in lieu of trial testimony in open court.


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 1         Section 22.  Subsections (1), (2), and (3), paragraph

 2  (i) of subsection (4), subsection (5), paragraphs (a), (b),

 3  (c), (d), (f), and (g) of subsection (6), and subsections (8),

 4  (9), (10), (11), (12), (13), (14), and (17) of section

 5  393.067, Florida Statutes, are amended to read:

 6         393.067  Licensure of residential facilities and

 7  comprehensive transitional education programs.--

 8         (1)  The agency department shall provide through its

 9  licensing authority a system of provider qualifications,

10  standards, training criteria for meeting standards, and

11  monitoring for residential facilities and comprehensive

12  transitional education programs.

13         (2)  The agency department shall conduct inspections

14  and reviews of residential facilities and comprehensive

15  transitional education programs annually.

16         (3)  An application for a license for a residential

17  facility or a comprehensive transitional education program

18  shall be made to the agency Department of Children and Family

19  Services on a form furnished by it and shall be accompanied by

20  the appropriate license fee.

21         (4)  The application shall be under oath and shall

22  contain the following:

23         (i)  Such other information as the agency department

24  determines is necessary to carry out the provisions of this

25  chapter.

26         (5)  The applicant shall submit evidence which

27  establishes the good moral character of the manager or

28  supervisor of the facility or program and the direct service

29  providers in the facility or program and its component centers

30  or units. A license may be issued if all the screening

31  materials have been timely submitted; however, a license may


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 1  not be issued or renewed if any of the direct service

 2  providers have failed the screening required by s. 393.0655.

 3         (a)1.  A licensed residential facility or comprehensive

 4  transitional education program which applies for renewal of

 5  its license shall submit to the agency department a list of

 6  direct service providers who have worked on a continuous basis

 7  at the applicant facility or program since submitting

 8  fingerprints to the agency or the Department of Children and

 9  Family Services, identifying those direct service providers

10  for whom a written assurance of compliance was provided by the

11  agency or department and identifying those direct service

12  providers who have recently begun working at the facility or

13  program and are awaiting the results of the required

14  fingerprint check along with the date of the submission of

15  those fingerprints for processing. The agency department shall

16  by rule determine the frequency of requests to the Department

17  of Law Enforcement to run state criminal records checks for

18  such direct service providers except for those direct service

19  providers awaiting the results of initial fingerprint checks

20  for employment at the applicant facility or program. The

21  agency department shall review the records of the direct

22  service providers at the applicant facility or program with

23  respect to the crimes specified in s. 393.0655 and shall

24  notify the facility or program of its findings. When

25  disposition information is missing on a criminal record, it is

26  shall be the responsibility of the person being screened, upon

27  request of the agency department, to obtain and supply within

28  30 days the missing disposition information to the agency

29  department. Failure to supply the missing information within

30  30 days or to show reasonable efforts to obtain such

31  information shall result in automatic disqualification.


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    CS for CS for SB 1280                          First Engrossed



 1         2.  The applicant shall sign an affidavit under penalty

 2  of perjury stating that all new direct service providers have

 3  been fingerprinted and that the facility's or program's

 4  remaining direct service providers have worked at the

 5  applicant facility or program on a continuous basis since

 6  being initially screened at that facility or program or have a

 7  written assurance of compliance from the agency or department.

 8         (b)  As a prerequisite for issuance of the initial

 9  license to a residential facility or comprehensive

10  transitional education program:

11         1.  The applicant shall submit to the agency department

12  a complete set of fingerprints, taken by an authorized law

13  enforcement agency or an employee of the agency department who

14  is trained to take fingerprints, for the manager, supervisor,

15  or direct service providers of the facility or program;

16         2.  The agency department shall submit the fingerprints

17  to the Department of Law Enforcement for state processing and

18  for federal processing by the Federal Bureau of Investigation;

19  and

20         3.  The agency department shall review the record of

21  the manager or supervisor with respect to the crimes specified

22  in s. 393.0655(1) and shall notify the applicant of its

23  findings. When disposition information is missing on a

24  criminal record, it is shall be the responsibility of the

25  manager or supervisor, upon request of the agency department,

26  to obtain and supply within 30 days the missing disposition

27  information to the agency department. Failure to supply the

28  missing information within 30 days or to show reasonable

29  efforts to obtain such information shall result in automatic

30  disqualification.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (c)  The agency department or a residential facility or

 2  comprehensive transitional education program may not use the

 3  criminal records or juvenile records of a person obtained

 4  under this subsection for any purpose other than determining

 5  if that person meets the minimum standards for good moral

 6  character for a manager or supervisor of, or direct service

 7  provider in, such a facility or program. The criminal records

 8  or juvenile records obtained by the agency department or a

 9  residential facility or comprehensive transitional education

10  program for determining the moral character of a manager,

11  supervisor, or direct service provider are exempt from s.

12  119.07(1).

13         (6)  Each applicant for licensure as an intermediate

14  care facility for the developmentally disabled must comply

15  with the following requirements:

16         (a)  Upon receipt of a completed, signed, and dated

17  application, the agency shall require background screening, in

18  accordance with the level 2 standards for screening set forth

19  in chapter 435, of the managing employee, or other similarly

20  titled individual who is responsible for the daily operation

21  of the facility, and of the financial officer, or other

22  similarly titled individual who is responsible for the

23  financial operation of the center, including billings for

24  resident care and services.  The applicant must comply with

25  the procedures for level 2 background screening as set forth

26  in chapter 435, as well as the requirements of s. 435.03(3).

27         (b)  The agency may require background screening of any

28  other individual who is an applicant if the agency has

29  probable cause to believe that he or she has been convicted of

30  a crime or has committed any other offense prohibited under

31  the level 2 standards for screening set forth in chapter 435.


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    CS for CS for SB 1280                          First Engrossed



 1         (c)  Proof of compliance with the level 2 background

 2  screening requirements of chapter 435 which has been submitted

 3  within the previous 5 years in compliance with any other

 4  health care licensure requirements of this state is acceptable

 5  in fulfillment of the requirements of paragraph (a).

 6         (d)  A provisional license may be granted to an

 7  applicant when each individual required by this section to

 8  undergo background screening has met the standards for the

 9  Department of Law Enforcement background check, but the agency

10  has not yet received background screening results from the

11  Federal Bureau of Investigation, or a request for a

12  disqualification exemption has been submitted to the agency as

13  set forth in chapter 435, but a response has not yet been

14  issued. A standard license may be granted to the applicant

15  upon the agency's receipt of a report of the results of the

16  Federal Bureau of Investigation background screening for each

17  individual required by this section to undergo background

18  screening which confirms that all standards have been met, or

19  upon the granting of a disqualification exemption by the

20  agency as set forth in chapter 435. Any other person who is

21  required to undergo level 2 background screening may serve in

22  his or her capacity pending the agency's receipt of the report

23  from the Federal Bureau of Investigation. However, the person

24  may not continue to serve if the report indicates any

25  violation of background screening standards and a

26  disqualification exemption has not been requested of and

27  granted by the agency as set forth in chapter 435.

28         (f)  Each applicant must submit to the agency a

29  description and explanation of any conviction of an offense

30  prohibited under the level 2 standards of chapter 435 by a

31  member of the board of directors of the applicant, its


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    CS for CS for SB 1280                          First Engrossed



 1  officers, or any individual owning 5 percent or more of the

 2  applicant. This requirement does not apply to a director of a

 3  not-for-profit corporation or organization if the director

 4  serves solely in a voluntary capacity for the corporation or

 5  organization, does not regularly take part in the day-to-day

 6  operational decisions of the corporation or organization,

 7  receives no remuneration for his or her services on the

 8  corporation or organization's board of directors, and has no

 9  financial interest and has no family members with a financial

10  interest in the corporation or organization, provided that the

11  director and the not-for-profit corporation or organization

12  include in the application a statement affirming that the

13  director's relationship to the corporation satisfies the

14  requirements of this paragraph.

15         (g)  A license may not be granted to an applicant if

16  the applicant or managing employee has been found guilty of,

17  regardless of adjudication, or has entered a plea of nolo

18  contendere or guilty to, any offense prohibited under the

19  level 2 standards for screening set forth in chapter 435,

20  unless an exemption from disqualification has been granted by

21  the agency as set forth in chapter 435.

22         (8)  The agency department shall adopt promulgate rules

23  establishing minimum standards for licensure of residential

24  facilities and comprehensive transitional education programs,

25  including rules requiring facilities and programs to train

26  staff to detect and prevent sexual abuse of residents and

27  clients, minimum standards of quality and adequacy of care,

28  and uniform firesafety standards established by the State Fire

29  Marshal which are appropriate to the size of the facility or

30  of the component centers or units of the program.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (9)  The agency department and the Agency for Health

 2  Care Administration, after consultation with the Department of

 3  Community Affairs, shall adopt rules for residential

 4  facilities under the respective regulatory jurisdiction of

 5  each establishing minimum standards for the preparation and

 6  annual update of a comprehensive emergency management plan. At

 7  a minimum, the rules must provide for plan components that

 8  address emergency evacuation transportation; adequate

 9  sheltering arrangements; postdisaster activities, including

10  emergency power, food, and water; postdisaster transportation;

11  supplies; staffing; emergency equipment; individual

12  identification of residents and transfer of records; and

13  responding to family inquiries. The comprehensive emergency

14  management plan for all comprehensive transitional education

15  programs and for homes serving individuals who have complex

16  medical conditions is subject to review and approval by the

17  local emergency management agency. During its review, the

18  local emergency management agency shall ensure that the

19  following agencies, at a minimum, are given the opportunity to

20  review the plan: the Agency for Health Care Administration,

21  the Agency for Persons with Disabilities Department of

22  Children and Family Services, and the Department of Community

23  Affairs. Also, appropriate volunteer organizations must be

24  given the opportunity to review the plan.  The local emergency

25  management agency shall complete its review within 60 days and

26  either approve the plan or advise the facility of necessary

27  revisions.

28         (10)  The agency department may conduct unannounced

29  inspections to determine compliance by residential facilities

30  and comprehensive transitional education programs with the

31  applicable provisions of this chapter and the rules adopted


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    CS for CS for SB 1280                          First Engrossed



 1  pursuant hereto, including the rules adopted for training

 2  staff of a facility or a program to detect and prevent sexual

 3  abuse of residents and clients. The facility or program shall

 4  make copies of inspection reports available to the public upon

 5  request.

 6         (11)  An alternative living center and an independent

 7  living education center, as defined in s. 393.063 s.

 8  393.063(8), shall be subject to the provisions of s. 419.001,

 9  except that such centers shall be exempt from the

10  1,000-foot-radius requirement of s. 419.001(2) if:

11         (a)  Such centers are located on a site zoned in a

12  manner so that all the component centers of a comprehensive

13  transition education center may be located thereon; or

14         (b)  There are no more than three such centers within

15  said radius of 1,000 feet.

16         (12)  Each residential facility or comprehensive

17  transitional education program licensed by the agency

18  department shall forward annually to the agency department a

19  true and accurate sworn statement of its costs of providing

20  care to clients funded by the agency department.

21         (13)  The agency department may audit the records of

22  any residential facility or comprehensive transitional

23  education program that which it has reason to believe may not

24  be in full compliance with the provisions of this section;

25  provided that, any financial audit of such facility or program

26  shall be limited to the records of clients funded by the

27  agency department.

28         (14)  The agency department shall establish, for the

29  purpose of control of licensure costs, a uniform management

30  information system and a uniform reporting system with uniform

31  definitions and reporting categories.


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    CS for CS for SB 1280                          First Engrossed



 1         (17)  The agency department shall not be required to

 2  contract with new facilities licensed after October 1, 1989,

 3  pursuant to this chapter. Pursuant to chapter 287, the agency

 4  department shall continue to contract within available

 5  resources for residential services with facilities licensed

 6  prior to October 1, 1989, if such facilities comply with the

 7  provisions of this chapter and all other applicable laws and

 8  regulations.

 9         Section 23.  Subsection (9) of section 397.405, Florida

10  Statutes, is amended to read:

11         397.405  Exemptions from licensure.--The following are

12  exempt from the licensing provisions of this chapter:

13         (9)  Facilities licensed under s. 393.063 s. 393.063(8)

14  that, in addition to providing services to persons who are

15  developmentally disabled as defined therein, also provide

16  services to persons developmentally at risk as a consequence

17  of exposure to alcohol or other legal or illegal drugs while

18  in utero.

19  

20  The exemptions from licensure in this section do not apply to

21  any service provider that receives an appropriation, grant, or

22  contract from the state to operate as a service provider as

23  defined in this chapter or to any substance abuse program

24  regulated pursuant to s. 397.406.  Furthermore, this chapter

25  may not be construed to limit the practice of a physician

26  licensed under chapter 458 or chapter 459, a psychologist

27  licensed under chapter 490, or a psychotherapist licensed

28  under chapter 491 who provides substance abuse treatment, so

29  long as the physician, psychologist, or psychotherapist does

30  not represent to the public that he or she is a licensed

31  service provider and does not provide services to clients


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    CS for CS for SB 1280                          First Engrossed



 1  pursuant to part V of this chapter. Failure to comply with any

 2  requirement necessary to maintain an exempt status under this

 3  section is a misdemeanor of the first degree, punishable as

 4  provided in s. 775.082 or s. 775.083.

 5         Section 24.  Paragraph (b) of subsection (5) of section

 6  400.464, Florida Statutes, is amended to read:

 7         400.464  Home health agencies to be licensed;

 8  expiration of license; exemptions; unlawful acts; penalties.--

 9         (5)  The following are exempt from the licensure

10  requirements of this part:

11         (b)  Home health services provided by a state agency,

12  either directly or through a contractor with:

13         1.  The Department of Elderly Affairs.

14         2.  The Department of Health, a community health

15  center, or a rural health network that furnishes home visits

16  for the purpose of providing environmental assessments, case

17  management, health education, personal care services, family

18  planning, or followup treatment, or for the purpose of

19  monitoring and tracking disease.

20         3.  Services provided to persons who have developmental

21  disabilities, as defined in s. 393.063 s. 393.063(12).

22         4.  Companion and sitter organizations that were

23  registered under s. 400.509(1) on January 1, 1999, and were

24  authorized to provide personal services under s. 393.063(33)

25  under a developmental services provider certificate on January

26  1, 1999, may continue to provide such services to past,

27  present, and future clients of the organization who need such

28  services, notwithstanding the provisions of this act.

29         5.  The Department of Children and Family Services.

30         Section 25.  Paragraph (d) of subsection (1) of section

31  419.001, Florida Statutes, is amended to read:


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    CS for CS for SB 1280                          First Engrossed



 1         419.001  Site selection of community residential

 2  homes.--

 3         (1)  For the purposes of this section, the following

 4  definitions shall apply:

 5         (d)  "Resident" means any of the following:  a frail

 6  elder as defined in s. 400.618; a physically disabled or

 7  handicapped person as defined in s. 760.22(7)(a); a

 8  developmentally disabled person as defined in s. 393.063 s.

 9  393.063(12); a nondangerous mentally ill person as defined in

10  s. 394.455(18); or a child as defined in s. 39.01(14), s.

11  984.03(9) or (12), or s. 985.03(8).

12         Section 26.  Section 914.16, Florida Statutes, is

13  amended to read:

14         914.16  Child abuse and sexual abuse of victims under

15  age 16 or persons with mental retardation; limits on

16  interviews.--The chief judge of each judicial circuit, after

17  consultation with the state attorney and the public defender

18  for the judicial circuit, the appropriate chief law

19  enforcement officer, and any other person deemed appropriate

20  by the chief judge, shall provide by order reasonable limits

21  on the number of interviews that a victim of a violation of s.

22  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

23  or a victim of a violation of s. 794.011, s. 800.02, s.

24  800.03, or s. 825.102 who is a person with mental retardation

25  as defined in s. 393.063 s. 393.063(42) must submit to for law

26  enforcement or discovery purposes. The order shall, to the

27  extent possible, protect the victim from the psychological

28  damage of repeated interrogations while preserving the rights

29  of the public, the victim, and the person charged with the

30  violation.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         Section 27.  Subsection (2) of section 914.17, Florida

 2  Statutes, is amended to read:

 3         914.17  Appointment of advocate for victims or

 4  witnesses who are minors or persons with mental retardation.--

 5         (2)  An advocate shall be appointed by the court to

 6  represent a person with mental retardation as defined in s.

 7  393.063 s. 393.063(42) in any criminal proceeding if the

 8  person with mental retardation is a victim of or witness to

 9  abuse or neglect, or if the person with mental retardation is

10  a victim of a sexual offense or a witness to a sexual offense

11  committed against a minor or person with mental retardation.

12  The court may appoint an advocate in any other criminal

13  proceeding in which a person with mental retardation is

14  involved as either a victim or a witness. The advocate shall

15  have full access to all evidence and reports introduced during

16  the proceedings, may interview witnesses, may make

17  recommendations to the court, shall be noticed and have the

18  right to appear on behalf of the person with mental

19  retardation at all proceedings, and may request additional

20  examinations by medical doctors, psychiatrists, or

21  psychologists. It is the duty of the advocate to perform the

22  following services:

23         (a)  To explain, in language understandable to the

24  person with mental retardation, all legal proceedings in which

25  the person shall be involved;

26         (b)  To act, as a friend of the court, to advise the

27  judge, whenever appropriate, of the person with mental

28  retardation's ability to understand and cooperate with any

29  court proceedings; and

30         (c)  To assist the person with mental retardation and

31  the person's family in coping with the emotional effects of


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    CS for CS for SB 1280                          First Engrossed



 1  the crime and subsequent criminal proceedings in which the

 2  person with mental retardation is involved.

 3         Section 28.  Subsection (1) of section 918.16, Florida

 4  Statutes, is amended to read:

 5         918.16  Sex offenses; testimony of person under age 16

 6  or person with mental retardation; testimony of victim;

 7  courtroom cleared; exceptions.--

 8         (1)  Except as provided in subsection (2), in the trial

 9  of any case, civil or criminal, when any person under the age

10  of 16 or any person with mental retardation as defined in s.

11  393.063 s. 393.063(42) is testifying concerning any sex

12  offense, the court shall clear the courtroom of all persons

13  except parties to the cause and their immediate families or

14  guardians, attorneys and their secretaries, officers of the

15  court, jurors, newspaper reporters or broadcasters, court

16  reporters, and, at the request of the victim, victim or

17  witness advocates designated by the state attorney's office.

18         Section 29.  Subsections (3) and (4) of section

19  393.0641, Florida Statutes, are amended to read:

20         393.0641  Program for the prevention and treatment of

21  severe self-injurious behavior.--

22         (3)  The agency department may contract for the

23  provision of any portion or all of the services required by

24  the program.

25         (4)  The agency has department shall have the authority

26  to license this program and shall adopt promulgate rules to

27  implement the program.

28         Section 30.  Section 393.065, Florida Statutes, is

29  amended to read:

30         393.065  Application and eligibility determination.--

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (1)  Application for services shall be made in writing

 2  to the agency Department of Children and Family Services, in

 3  the district in which the applicant resides. Employees of the

 4  agency's department's developmental services program shall

 5  review each applicant for eligibility within 45 days after the

 6  date the application is signed for children under 6 years of

 7  age and within 60 days after the date the application is

 8  signed for all other applicants. When necessary to

 9  definitively identify individual conditions or needs, the

10  agency department shall provide a comprehensive assessment.

11  Only individuals whose domicile is in Florida are shall be

12  eligible for services. Information accumulated by other

13  agencies, including professional reports and collateral data,

14  shall be considered in this process when available.

15         (2)  In order to provide immediate services or crisis

16  intervention to applicants, the agency department shall

17  arrange for emergency eligibility determination, with a full

18  eligibility review to be accomplished within 45 days of the

19  emergency eligibility determination.

20         (3)  The agency department shall notify each applicant,

21  in writing, of its eligibility decision. Any applicant

22  determined by the agency department to be ineligible for

23  developmental services has shall have the right to appeal this

24  decision pursuant to ss. 120.569 and 120.57.

25         (4)  The agency department shall assess the level of

26  need and medical necessity for prospective residents of

27  intermediate-care facilities for the developmentally disabled

28  after October 1, 1999. The agency department may enter into an

29  agreement with the Department of Elderly Affairs for its

30  Comprehensive Assessment and Review for Long-Term-Care

31  Services (CARES) program to conduct assessments to determine


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    CS for CS for SB 1280                          First Engrossed



 1  the level of need and medical necessity for long-term-care

 2  services under this chapter. To the extent permissible under

 3  federal law, the assessments must be funded under Title XIX of

 4  the Social Security Act.

 5         Section 31.  Section 393.0651, Florida Statutes, is

 6  amended to read:

 7         393.0651  Family or individual support plan.--The

 8  agency department shall provide for an appropriate family

 9  support plan for children ages birth to 18 years of age and an

10  individual support plan for each client. The parent or

11  guardian of the client or, if competent, the client, or, when

12  appropriate, the client advocate, shall be consulted in the

13  development of the plan and shall receive a copy of the plan.

14  Each plan shall include the most appropriate, least

15  restrictive, and most cost-beneficial environment for

16  accomplishment of the objectives for client progress and a

17  specification of all services authorized. The plan shall

18  include provisions for the most appropriate level of care for

19  the client. Within the specification of needs and services for

20  each client, when residential care is necessary, the agency

21  department shall move toward placement of clients in

22  residential facilities based within the client's community.

23  The ultimate goal of each plan, whenever possible, shall be to

24  enable the client to live a dignified life in the least

25  restrictive setting, be that in the home or in the community.

26  For children under 6 years of age, the family support plan

27  shall be developed within the 45-day application period as

28  specified in s. 393.065(1); for all applicants 6 years of age

29  or older, the family or individual support plan shall be

30  developed within the 60-day period as specified in that

31  subsection.


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    CS for CS for SB 1280                          First Engrossed



 1         (1)  The agency department shall develop and specify by

 2  rule the core components of support plans to be used by each

 3  district.

 4         (2)(a)  The family or individual support plan shall be

 5  integrated with the individual education plan (IEP) for all

 6  clients who are public school students entitled to a free

 7  appropriate public education under the Individuals with

 8  Disabilities Education Act, I.D.E.A., as amended. The family

 9  or individual support plan and IEP shall be implemented to

10  maximize the attainment of educational and habilitation goals.

11  If the IEP for a student enrolled in a public school program

12  indicates placement in a public or private residential program

13  is necessary to provide special education and related services

14  to a client, the local education agency shall provide for the

15  costs of that service in accordance with the requirements of

16  the Individuals with Disabilities Education Act, I.D.E.A., as

17  amended. This shall not preclude local education agencies and

18  the agency department from sharing the residential service

19  costs of students who are clients and require residential

20  placement. Under no circumstances shall clients entitled to a

21  public education or their parents be assessed a fee by the

22  agency department under s. 402.33 for placement in a

23  residential program.

24         (b)  For clients who are entering or exiting the school

25  system, an interdepartmental staffing team composed of

26  representatives of the agency department and the local school

27  system shall develop a written transitional living and

28  training plan with the participation of the client or with the

29  parent or guardian of the client, or the client advocate, as

30  appropriate.

31  


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 1         (3)  Each family or individual support plan shall be

 2  facilitated through case management designed solely to advance

 3  the individual needs of the client.

 4         (4)  In the development of the family or individual

 5  support plan, a client advocate may be appointed by the

 6  support planning team for a client who is a minor or for a

 7  client who is not capable of express and informed consent

 8  when:

 9         (a)  The parent or guardian cannot be identified;

10         (b)  The whereabouts of the parent or guardian cannot

11  be discovered; or

12         (c)  The state is the only legal representative of the

13  client.

14  

15  Such appointment shall not be construed to extend the powers

16  of the client advocate to include any of those powers

17  delegated by law to a legal guardian.

18         (5)  The agency department shall place a client in the

19  most appropriate and least restrictive, and cost-beneficial,

20  residential facility according to his or her individual

21  habilitation plan. The parent or guardian of the client or, if

22  competent, the client, or, when appropriate, the client

23  advocate, and the administrator of the residential facility to

24  which placement is proposed shall be consulted in determining

25  the appropriate placement for the client. Considerations for

26  placement shall be made in the following order:

27         (a)  Client's own home or the home of a family member

28  or direct service provider.

29         (b)  Foster care facility.

30         (c)  Group home facility.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (d)  Intermediate care facility for the developmentally

 2  disabled.

 3         (e)  Other facilities licensed by the agency department

 4  which offer special programs for people with developmental

 5  disabilities.

 6         (f)  Developmental services institution.

 7         (6)  In developing a client's annual family or

 8  individual support plan, the individual or family with the

 9  assistance of the support planning team shall identify

10  measurable objectives for client progress and shall specify a

11  time period expected for achievement of each objective.

12         (7)  The individual, family, and support coordinator

13  shall review progress in achieving the objectives specified in

14  each client's family or individual support plan, and shall

15  revise the plan annually, following consultation with the

16  client, if competent, or with the parent or guardian of the

17  client, or, when appropriate, the client advocate. The agency

18  department shall annually report in writing to the client, if

19  competent, or to the parent or guardian of the client, or to

20  the client advocate, when appropriate, with respect to the

21  client's habilitative and medical progress.

22         (8)  Any client, or any parent of a minor client, or

23  guardian, authorized guardian advocate, or client advocate for

24  a client, who is substantially affected by the client's

25  initial family or individual support plan, or the annual

26  review thereof, shall have the right to file a notice to

27  challenge the decision pursuant to ss. 120.569 and 120.57.

28  Notice of such right to appeal shall be included in all

29  support plans provided by the agency department.

30         Section 32.  Section 393.0673, Florida Statutes, is

31  amended to read:


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    CS for CS for SB 1280                          First Engrossed



 1         393.0673  Denial, suspension, revocation of license;

 2  moratorium on admissions; administrative fines; procedures.--

 3         (1)  The agency Department of Children and Family

 4  Services may deny, revoke, or suspend a license or impose an

 5  administrative fine, not to exceed $1,000 per violation per

 6  day, for a violation of any provision of s. 393.0655 or s.

 7  393.067 or rules adopted pursuant thereto. All hearings shall

 8  be held within the county in which the licensee or applicant

 9  operates or applies for a license to operate a facility as

10  defined herein.

11         (2)  The agency department, as a part of any final

12  order issued by it under the provisions of this chapter, may

13  impose such fine as it deems proper, except that such fine may

14  not exceed $1,000 for each violation.  Each day a violation of

15  this chapter occurs constitutes a separate violation and is

16  subject to a separate fine, but in no event may the aggregate

17  amount of any fine exceed $10,000.  Fines paid by any facility

18  licensee under the provisions of this subsection shall be

19  deposited in the Resident Protection Trust Fund and expended

20  as provided in s. 400.063.

21         (3)  The agency department may issue an order

22  immediately suspending or revoking a license when it

23  determines that any condition in the facility presents a

24  danger to the health, safety, or welfare of the residents in

25  the facility.

26         (4)  The agency department may impose an immediate

27  moratorium on admissions to any facility when the department

28  determines that any condition in the facility presents a

29  threat to the health, safety, or welfare of the residents in

30  the facility.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         Section 33.  Subsections (1) and (3) of section

 2  393.0675, Florida Statutes, are amended to read:

 3         393.0675  Injunctive proceedings authorized.--

 4         (1)  The agency Department of Children and Family

 5  Services may institute injunctive proceedings in a court of

 6  competent jurisdiction to:

 7         (a)  Enforce the provisions of this chapter or any

 8  minimum standard, rule, regulation, or order issued or entered

 9  pursuant thereto; or

10         (b)  Terminate the operation of facilities licensed

11  pursuant to this chapter when any of the following conditions

12  exist:

13         1.  Failure by the facility to take preventive or

14  corrective measures in accordance with any order of the agency

15  department.

16         2.  Failure by the facility to abide by any final order

17  of the agency department once it has become effective and

18  binding.

19         3.  Any violation by the facility constituting an

20  emergency requiring immediate action as provided in s.

21  393.0673.

22         (3)  The agency department may institute proceedings

23  for an injunction in a court of competent jurisdiction to

24  terminate the operation of a provider of supports or services

25  if such provider has willfully and knowingly refused to comply

26  with the screening requirement for direct service providers or

27  has refused to terminate direct service providers found not to

28  be in compliance with the requirements for good moral

29  character.

30  

31  


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    CS for CS for SB 1280                          First Engrossed



 1         Section 34.  Subsection (1), paragraphs (b), (c), and

 2  (d) of subsection (2), and paragraph (e) of subsection (3) of

 3  section 393.0678, Florida Statutes, are amended to read:

 4         393.0678  Receivership proceedings.--

 5         (1)  The agency department may petition a court of

 6  competent jurisdiction for the appointment of a receiver for

 7  an intermediate care facility for the developmentally

 8  disabled, a residential habilitation center, or a group home

 9  facility owned and operated by a corporation or partnership

10  when any of the following conditions exist:

11         (a)  Any person is operating a facility without a

12  license and refuses to make application for a license as

13  required by s. 393.067 or, in the case of an intermediate care

14  facility for the developmentally disabled, as required by ss.

15  393.067 and 400.062.

16         (b)  The licensee is closing the facility or has

17  informed the department that it intends to close the facility;

18  and adequate arrangements have not been made for relocation of

19  the residents within 7 days, exclusive of weekends and

20  holidays, of the closing of the facility.

21         (c)  The agency department determines that conditions

22  exist in the facility which present an imminent danger to the

23  health, safety, or welfare of the residents of the facility or

24  which present a substantial probability that death or serious

25  physical harm would result therefrom.  Whenever possible, the

26  agency department shall facilitate the continued operation of

27  the program.

28         (d)  The licensee cannot meet its financial obligations

29  to provide food, shelter, care, and utilities. Evidence such

30  as the issuance of bad checks or the accumulation of

31  delinquent bills for such items as personnel salaries, food,


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    CS for CS for SB 1280                          First Engrossed



 1  drugs, or utilities constitutes prima facie evidence that the

 2  ownership of the facility lacks the financial ability to

 3  operate the home in accordance with the requirements of this

 4  chapter and all rules promulgated thereunder.

 5         (2)

 6         (b)  A hearing shall be conducted within 5 days of the

 7  filing of the petition, at which time all interested parties

 8  shall have the opportunity to present evidence pertaining to

 9  the petition.  The agency department shall notify the owner or

10  operator of the facility named in the petition of its filing

11  and the date set for the hearing.

12         (c)  The court shall grant the petition only upon

13  finding that the health, safety, or welfare of residents of

14  the facility would be threatened if a condition existing at

15  the time the petition was filed is permitted to continue.  A

16  receiver may not be appointed ex parte unless the court

17  determines that one or more of the conditions in subsection

18  (1) exist; that the facility owner or operator cannot be

19  found; that all reasonable means of locating the owner or

20  operator and notifying him or her of the petition and hearing

21  have been exhausted; or that the owner or operator after

22  notification of the hearing chooses not to attend. After such

23  findings, the court may appoint any person qualified by

24  education, training, or experience to carry out the

25  responsibilities of receiver pursuant to this section, except

26  that the court may not appoint any owner or affiliate of the

27  facility which is in receivership.  Before the appointment as

28  receiver of a person who is the operator, manager, or

29  supervisor of another facility, the court shall determine that

30  the person can reasonably operate, manage, or supervise more

31  than one facility.  The receiver may be appointed for up to 90


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    CS for CS for SB 1280                          First Engrossed



 1  days with the option of petitioning the court for 30-day

 2  extensions.  The receiver may be selected from a list of

 3  persons qualified to act as receivers developed by the agency

 4  department and presented to the court with each petition for

 5  receivership. Under no circumstances may the agency department

 6  or designated agency departmental employee be appointed as a

 7  receiver for more than 60 days; however, the agency

 8  departmental receiver may petition the court for 30-day

 9  extensions.  The court shall grant an extension upon a showing

10  of good cause.  The agency department may petition the court

11  to appoint a substitute receiver.

12         (d)  During the first 60 days of the receivership, the

13  agency department may not take action to decertify or revoke

14  the license of a facility unless conditions causing imminent

15  danger to the health and welfare of the residents exist and a

16  receiver has been unable to remove those conditions.  After

17  the first 60 days of receivership, and every 60 days

18  thereafter until the receivership is terminated, the agency

19  department shall submit to the court the results of an

20  assessment of the ability of the facility to assure the safety

21  and care of the residents.  If the conditions at the facility

22  or the intentions of the owner indicate that the purpose of

23  the receivership is to close the facility rather than to

24  facilitate its continued operation, the agency department

25  shall place the residents in appropriate alternate residential

26  settings as quickly as possible.  If, in the opinion of the

27  court, the agency department has not been diligent in its

28  efforts to make adequate arrangements for placement, the court

29  shall find the agency department to be in contempt and shall

30  order the agency department to submit its plans for moving the

31  residents.


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 1         (3)  The receiver shall make provisions for the

 2  continued health, safety, and welfare of all residents of the

 3  facility and:

 4         (e)  May use the building, fixtures, furnishings, and

 5  any accompanying consumable goods in the provision of care and

 6  services to residents and to any other persons receiving

 7  services from the facility at the time the petition for

 8  receivership was filed.  The receiver shall collect payments

 9  for all goods and services provided to residents or others

10  during the period of the receivership at the same rate of

11  payment charged by the owner at the time the petition for

12  receivership was filed, or at a fair and reasonable rate

13  otherwise approved by the court for private, paying residents.

14  The receiver may apply to the agency department for a rate

15  increase for residents under Title XIX of the Social Security

16  Act if the facility is not receiving the state reimbursement

17  cap and if expenditures justify an increase in the rate.

18         Section 35.  Section 393.071, Florida Statutes, is

19  amended to read:

20         393.071  Client fees.--The agency Department of

21  Children and Family Services shall charge fees for services

22  provided to clients in accordance with s. 402.33.

23         Section 36.  Subsection (2) of section 393.075, Florida

24  Statutes, is amended to read:

25         393.075  General liability coverage.--

26         (2)  The Division of Risk Management of the Department

27  of Financial Services shall provide coverage through the

28  agency Department of Children and Family Services to any

29  person who owns or operates a foster care facility or group

30  home facility solely for the agency Department of Children and

31  Family Services, who cares for children placed by


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    CS for CS for SB 1280                          First Engrossed



 1  developmental services staff of the agency department, and who

 2  is licensed pursuant to s. 393.067 to provide such supervision

 3  and care in his or her place of residence. The coverage shall

 4  be provided from the general liability account of the State

 5  Risk Management Trust Fund.  The coverage is limited to

 6  general liability claims arising from the provision of

 7  supervision and care of children in a foster care facility or

 8  group home facility pursuant to an agreement with the agency

 9  department and pursuant to guidelines established through

10  policy, rule, or statute. Coverage shall be subject to the

11  limits provided in ss. 284.38 and 284.385, and the exclusions

12  set forth therein, together with other exclusions as may be

13  set forth in the certificate of coverage issued by the trust

14  fund. A person covered under the general liability account

15  pursuant to this subsection shall immediately notify the

16  Division of Risk Management of the Department of Financial

17  Services of any potential or actual claim.

18         Section 37.  Section 393.115, Florida Statutes, is

19  amended to read:

20         393.115  Discharge.--

21         (1)  DISCHARGE AT THE AGE OF MAJORITY.--

22         (a)  When any residential client reaches his or her

23  18th birthday, the agency department shall give the resident

24  or legal guardian the option to continue residential services

25  or to be discharged from residential services.

26         (b)  If the resident appears to meet the criteria for

27  involuntary admission to residential services, as defined in

28  s. 393.11, the agency department shall file a petition to

29  determine the appropriateness of continued residential

30  placement on an involuntary basis. The agency department shall

31  file the petition for involuntary admission in the county in


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    CS for CS for SB 1280                          First Engrossed



 1  which the client resides. If the resident was originally

 2  involuntarily admitted to residential services pursuant to s.

 3  393.11, then the agency department shall file the petition in

 4  the court having continuing jurisdiction over the case.

 5         (c)  Nothing in this section shall in any way limit or

 6  restrict the resident's right to a writ of habeas corpus or

 7  the right of the agency department to transfer a resident

 8  receiving residential care to a program of appropriate

 9  services provided by the agency department when such program

10  is the appropriate habilitative setting for the resident.

11         (2)  DISCHARGE AFTER CRIMINAL OR JUVENILE

12  COMMITMENT.--Any person with developmental disabilities

13  committed to the custody of the agency department pursuant to

14  the provisions of the applicable criminal or juvenile court

15  law shall be discharged in accordance with the requirements of

16  the applicable criminal or juvenile court law.

17         Section 38.  Subsection (3) of section 393.12, Florida

18  Statutes, is amended to read:

19         393.12  Capacity; appointment of guardian advocate.--

20         (3)  COURT COSTS.--In all proceedings under this

21  section, no court costs shall be charged against the agency

22  department.

23         Section 39.  Section 393.125, Florida Statutes, is

24  amended to read:

25         393.125  Hearing rights.--

26         (1)  REVIEW OF AGENCY DEPARTMENT DECISIONS.--

27         (a)  Any developmental services applicant or client, or

28  his or her parent, guardian, guardian advocate, or authorized

29  representative, who has any substantial interest determined by

30  the agency department, has shall have the right to request an

31  administrative hearing pursuant to ss. 120.569 and 120.57.


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 1         (b)  Notice of the right to an administrative hearing

 2  shall be given, both verbally and in writing, to the applicant

 3  or client, and his or her parent, guardian, guardian advocate,

 4  or authorized representative, at the same time that the agency

 5  department gives the applicant or client notice of the

 6  agency's department's action.  The notice shall be given, both

 7  verbally and in writing, in the language of the client or

 8  applicant and in English.

 9         (c)  A request for a hearing under this section shall

10  be made to the agency department, in writing, within 30 days

11  of the applicant's or client's receipt of the notice.

12         (2)  REVIEW OF PROVIDER DECISIONS.--The agency

13  department shall adopt promulgate rules to establish uniform

14  guidelines for the agency department and service providers

15  relevant to termination, suspension, or reduction of client

16  services by the service provider.  The rules shall ensure the

17  due process rights of service providers and clients.

18         Section 40.  Subsections (3), (4), (5), and (6) of

19  section 393.15, Florida Statutes, are amended to read:

20         393.15  Legislative intent; Community Resources

21  Development Trust Fund.--

22         (3)  There is created a Community Resources Development

23  Trust Fund in the State Treasury to be used by the agency

24  Department of Children and Family Services for the purpose of

25  granting loans to eligible programs for the initial costs of

26  development of the programs.  Loans shall be made only to

27  those facilities which are in compliance with the zoning

28  regulations of the local community.  Costs of development may

29  include structural modification, the purchase of equipment and

30  fire and safety devices, preoperational staff training, and

31  


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    CS for CS for SB 1280                          First Engrossed



 1  the purchase of insurance.  Such costs shall not include the

 2  actual construction of a facility.

 3         (4)  The agency department may grant to an eligible

 4  program a lump-sum loan in one payment not to exceed the cost

 5  to the program of providing 2 months' services, care, or

 6  maintenance to each person who is developmentally disabled to

 7  be placed in the program by the agency department, or the

 8  actual cost of firesafety renovations to a facility required

 9  by the state, whichever is greater.  Loans granted to programs

10  shall not be in lieu of payment for maintenance, services, or

11  care provided, but shall stand separate and distinct.  The

12  agency department shall adopt promulgate rules, as provided in

13  chapter 120, to determine the standards under which a program

14  shall be eligible to receive a loan as provided in this

15  section and criteria for the equitable allocation of loan

16  trust funds when eligible applications exceed the funds

17  available.

18         (5)  Any loan granted by the agency department under

19  this section shall be repaid by the program within 5 years.  A

20  program that which operates as a nonprofit corporation meeting

21  the requirements of s. 501(c)(3) of the Internal Revenue Code,

22  and that which seeks forgiveness of its loan shall submit to

23  the agency department a statement setting forth the service it

24  has provided during the year together with such other

25  information as the agency department by rule shall require,

26  and, upon approval of each such annual statement, the agency

27  department shall forgive 20 percent of the principal of any

28  such loan granted after June 30, 1975.

29         (6)  If any program that which has received a loan

30  under this section ceases to accept, or provide care,

31  services, or maintenance to persons placed in the program by


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    CS for CS for SB 1280                          First Engrossed



 1  the department, or if such program files shall file papers of

 2  bankruptcy, at that point in time the loan shall become an

 3  interest-bearing loan at the rate of 5 percent per annum on

 4  the entire amount of the initial loan which shall be repaid

 5  within a 1-year period from the date on which the program

 6  ceases to provide care, services, or maintenance, or files

 7  papers in bankruptcy, and the amount of the loan due plus

 8  interest shall constitute a lien in favor of the state against

 9  all real and personal property of the program.  The lien shall

10  be perfected by the appropriate officer of the agency

11  department by executing and acknowledging a statement of the

12  name of the program and the amount due on the loan and a copy

13  of the promissory note, which shall be recorded by the agency

14  department with the clerk of the circuit court in the county

15  wherein the program is located.  If the program has filed a

16  petition for bankruptcy, the agency department shall file and

17  enforce the lien in the bankruptcy proceedings.  Otherwise,

18  the lien shall be enforced in the manner provided in s.

19  85.011.  All funds received by the agency department from the

20  enforcement of the lien shall be deposited in the Community

21  Resources Development Trust Fund.

22         Section 41.  Subsection (1) of section 393.501, Florida

23  Statutes, is amended to read:

24         393.501  Rulemaking.--

25         (1)  The agency department shall adopt rules to carry

26  out the provisions of this chapter.

27         Section 42.  Section 393.503, Florida Statutes, is

28  amended to read:

29         393.503  Respite and family care subsidy expenditures;

30  funding.--The agency Department of Children and Family

31  Services shall determine the amount of expenditures per fiscal


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    CS for CS for SB 1280                          First Engrossed



 1  year for the respite and family care subsidy to families and

 2  individuals with developmental disabilities living in their

 3  own homes.  This information shall be made available to the

 4  family care councils and to others requesting the information.

 5  The family care councils shall review the expenditures and

 6  make recommendations to the agency department with respect to

 7  any new funds that are made available for family care.

 8         Section 43.  Subsection (2) of section 393.506, Florida

 9  Statutes, is amended to read:

10         393.506  Administration of medication.--

11         (2)  Each facility, institution, or program must

12  include in its policies and procedures a plan for training

13  designated staff to ensure the safe handling, storage, and

14  administration of prescription medication. These policies and

15  procedures must be approved by the agency department before

16  unlicensed direct care services staff assist with medication.

17         Section 44.  Section 393.135, Florida Statutes, is

18  created to read:

19         393.135  Sexual misconduct prohibited; reporting

20  required; penalties.--

21         (1)  As used in this section, the term:

22         (a)  "Employee" includes any paid staff member,

23  volunteer, or intern of the agency or the Agency for Health

24  Care Administration or any person under contract with the

25  agency or the Agency for Health Care Administration or any

26  person providing care or support to a client on behalf of the

27  agency or the Agency for Health Care Administration or their

28  providers.

29         (b)  "Sexual activity" means:

30         1.  Fondling the genital area, groin, inner thighs,

31  buttocks, or breasts of a person;


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    CS for CS for SB 1280                          First Engrossed



 1         2.  The oral, anal, or vaginal penetration by, or union

 2  with, the sexual organ of another or the anal or vaginal

 3  penetration of another by any other object;

 4         3.  Intentionally touching in a lewd or lascivious

 5  manner the breasts, genitals, the genital area, or buttocks,

 6  or the clothing covering them, of a person, or forcing or

 7  enticing a person to touch the perpetrator;

 8         4.  Intentionally masturbating in the presence of

 9  another person;

10         5.  Intentionally exposing the genitals in a lewd or

11  lascivious manner in the presence of another person; or

12         6.  Intentionally committing any other sexual act that

13  does not involve actual physical or sexual contact with the

14  victim, including, but not limited to, sadomasochistic abuse,

15  sexual bestiality, or the simulation of any act involving

16  sexual activity in the presence of a victim.

17         (c)  "Sexual misconduct" means any sexual activity

18  between an employee and a client, regardless of the consent of

19  the client. The term does not include an act done for a bona

20  fide medical purpose or an internal search conducted in the

21  lawful performance of duty by an employee.

22         (2)  An employee who engages in sexual misconduct with

23  an individual with a developmental disability who:

24         (a)  Is in the custody of the agency;

25         (b)  Resides in a residential facility, including any

26  comprehensive transitional education program, developmental

27  disabilities institution, foster care facility, group home

28  facility, intermediate care facility for the developmentally

29  disabled, or residential habilitation center; or

30         (c)  Receives services from a family care program

31  


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    CS for CS for SB 1280                          First Engrossed



 1  commits a felony of the second degree, punishable as provided

 2  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

 3  found guilty of violating this subsection without having

 4  committed the crime of sexual battery.

 5         (3)  The consent of the client to sexual activity is

 6  not a defense to prosecution under this section.

 7         (4)  This section does not apply to an employee who:

 8         (a)  Is legally married to the client; or

 9         (b)  Had no reason to believe that the person with whom

10  the employee engaged in sexual misconduct is a client

11  receiving services as described in subsection (2).

12         (5)  An employee who witnesses sexual misconduct, or

13  who otherwise knows or has reasonable cause to suspect that a

14  person has engaged in sexual misconduct, shall immediately

15  report the incident to the Department of Children and Family

16  Services' central abuse hotline and to law enforcement. Such

17  employee shall also prepare, date, and sign an independent

18  report that specifically describes the nature of the sexual

19  misconduct, the location and time of the incident, and the

20  persons involved. The employee shall deliver the report to the

21  supervisor or program director, who is responsible for

22  providing copies to the agency's inspector general. The

23  inspector general shall immediately conduct an appropriate

24  administrative investigation, and, if there is probable cause

25  to believe that sexual misconduct has occurred, the inspector

26  general shall notify the state attorney in the circuit in

27  which the incident occurred.

28         (6)(a)  Any person who is required to make a report

29  under this section and who knowingly or willfully fails to do

30  so, or who knowingly or willfully prevents another person from

31  


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    CS for CS for SB 1280                          First Engrossed



 1  doing so, commits a misdemeanor of the first degree,

 2  punishable as provided in s. 775.082 or s. 775.083.

 3         (b)  Any person who knowingly or willfully submits

 4  inaccurate, incomplete, or untruthful information with respect

 5  to a report required under this section commits a misdemeanor

 6  of the first degree, punishable as provided in s. 775.082 or

 7  s. 775.083.

 8         (c)  Any person who knowingly or willfully coerces or

 9  threatens any other person with the intent to alter testimony

10  or a written report regarding an incident of sexual misconduct

11  commits a felony of the third degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084.

13         (7)  The provisions and penalties set forth in this

14  section are in addition to any other civil, administrative, or

15  criminal action provided by law which may be applied against

16  an employee.

17         Section 45.  Section 394.4593, Florida Statutes, is

18  created to read:

19         394.4593  Sexual misconduct prohibited; reporting

20  required; penalties.--

21         (1)  As used in this section, the term:

22         (a)  "Employee" includes any paid staff member,

23  volunteer, or intern of the department or any person under

24  contract with the department or any person providing care or

25  support to a patient on behalf of the department or its

26  providers.

27         (b)  "Sexual activity" means:

28         1.  Fondling the genital area, groin, inner thighs,

29  buttocks, or breasts of a person;

30  

31  


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    CS for CS for SB 1280                          First Engrossed



 1         2.  The oral, anal, or vaginal penetration by, or union

 2  with, the sexual organ of another or the anal or vaginal

 3  penetration of another by any other object;

 4         3.  Intentionally touching in a lewd or lascivious

 5  manner the breasts, genitals, the genital area, or buttocks,

 6  or the clothing covering them, of a person, or forcing or

 7  enticing a person to touch the perpetrator;

 8         4.  Intentionally masturbating in the presence of

 9  another person;

10         5.  Intentionally exposing the genitals in a lewd or

11  lascivious manner in the presence of another person; or

12         6.  Intentionally committing any other sexual act that

13  does not involve actual physical or sexual contact with the

14  victim, including, but not limited to, sadomasochistic abuse,

15  sexual bestiality, or the simulation of any act involving

16  sexual activity in the presence of a victim.

17         (c)  "Sexual misconduct" means any sexual activity

18  between an employee and a patient, regardless of the consent

19  of the patient. The term does not include an act done for a

20  bona fide medical purpose or an internal search conducted in

21  the lawful performance of duty by an employee.

22         (2)  An employee who engages in sexual misconduct with

23  a patient who:

24         (a)  Is in the custody of the department; or

25         (b)  Resides in a receiving facility as defined in s.

26  394.455(26) or a treatment facility as defined in s.

27  394.455(30),

28  

29  commits a felony of the second degree, punishable as provided

30  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

31  


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    CS for CS for SB 1280                          First Engrossed



 1  found guilty of violating this subsection without having

 2  committed the crime of sexual battery.

 3         (3)  The consent of the patient to sexual activity is

 4  not a defense to prosecution under this section.

 5         (4)  This section does not apply to an employee who:

 6         (a)  Is legally married to the patient; or

 7         (b)  Had no reason to believe that the person with whom

 8  the employee engaged in sexual misconduct is a patient

 9  receiving services as described in subsection (2).

10         (5)  An employee who witnesses sexual misconduct, or

11  who otherwise knows or has reasonable cause to suspect that a

12  person has engaged in sexual misconduct, shall immediately

13  report the incident to the department's central abuse hotline

14  and to law enforcement. Such employee shall also prepare,

15  date, and sign an independent report that specifically

16  describes the nature of the sexual misconduct, the location

17  and time of the incident, and the persons involved. The

18  employee shall deliver the report to the supervisor or program

19  director, who is responsible for providing copies to the

20  department's inspector general. The inspector general shall

21  immediately conduct an appropriate administrative

22  investigation, and, if there is probable cause to believe that

23  sexual misconduct has occurred, the inspector general shall

24  notify the state attorney in the circuit in which the incident

25  occurred.

26         (6)(a)  Any person who is required to make a report

27  under this section and who knowingly or willfully fails to do

28  so, or who knowingly or willfully prevents another person from

29  doing so, commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (b)  Any person who knowingly or willfully submits

 2  inaccurate, incomplete, or untruthful information with respect

 3  to a report required under this section commits a misdemeanor

 4  of the first degree, punishable as provided in s. 775.082 or

 5  s. 775.083.

 6         (c)  Any person who knowingly or willfully coerces or

 7  threatens any other person with the intent to alter testimony

 8  or a written report regarding an incident of sexual misconduct

 9  commits a felony of the third degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         (7)  The provisions and penalties set forth in this

12  section are in addition to any other civil, administrative, or

13  criminal action provided by law which may be applied against

14  an employee.

15         Section 46.  Section 916.1075, Florida Statutes, is

16  created to read:

17         916.1075  Sexual misconduct prohibited; reporting

18  required; penalties.--

19         (1)  As used in this section, the term:

20         (a)  "Employee" includes any paid staff member,

21  volunteer, or intern of the department or the Agency for

22  Persons with Disabilities or any person under contract with

23  the department or the Agency for Persons with Disabilities or

24  any person providing care or support to a client on behalf of

25  the department or the Agency for Persons with Disabilities or

26  their providers.

27         (b)  "Sexual activity" means:

28         1.  Fondling the genital area, groin, inner thighs,

29  buttocks, or breasts of a person;

30  

31  


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    CS for CS for SB 1280                          First Engrossed



 1         2.  The oral, anal, or vaginal penetration by, or union

 2  with, the sexual organ of another or the anal or vaginal

 3  penetration of another by any other object;

 4         3.  Intentionally touching in a lewd or lascivious

 5  manner the breasts, genitals, the genital area, or buttocks,

 6  or the clothing covering them, of a person, or forcing or

 7  enticing a person to touch the perpetrator;

 8         4.  Intentionally masturbating in the presence of

 9  another person;

10         5.  Intentionally exposing the genitals in a lewd or

11  lascivious manner in the presence of another person; or

12         6.  Intentionally committing any other sexual act that

13  does not involve actual physical or sexual contact with the

14  victim, including, but not limited to, sadomasochistic abuse,

15  sexual bestiality, or the simulation of any act involving

16  sexual activity in the presence of a victim.

17         (c)  "Sexual misconduct" means any sexual activity

18  between an employee and a client, regardless of the consent of

19  the client. The term does not include an act done for a bona

20  fide medical purpose or an internal search conducted in the

21  lawful performance of duty by an employee.

22         (2)  An employee who engages in sexual misconduct with

23  a client who resides in a civil or forensic state mental

24  health treatment facility commits a felony of the second

25  degree, punishable as provided in s. 775.082, s. 775.083, or

26  s. 775.084. An employee may be found guilty of violating this

27  subsection without having committed the crime of sexual

28  battery.

29         (3)  The consent of the client to sexual activity is

30  not a defense to prosecution under this section.

31         (4)  This section does not apply to an employee who:


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    CS for CS for SB 1280                          First Engrossed



 1         (a)  Is legally married to the client; or

 2         (b)  Had no reason to believe that the person with whom

 3  the employee engaged in sexual misconduct is a client

 4  receiving services as described in subsection (2).

 5         (5)  An employee who witnesses sexual misconduct, or

 6  who otherwise knows or has reasonable cause to suspect that a

 7  person has engaged in sexual misconduct, shall immediately

 8  report the incident to the department's central abuse hotline

 9  or law enforcement. Such employee shall also prepare, date,

10  and sign an independent report that specifically describes the

11  nature of the sexual misconduct, the location and time of the

12  incident, and the persons involved. The employee shall deliver

13  the report to the supervisor or program director, who is

14  responsible for providing copies to either the department's or

15  Agency for Persons with Disabilities' inspector general as

16  appropriate. The inspector general shall immediately conduct

17  an appropriate administrative investigation, and, if there is

18  probable cause to believe that sexual misconduct has occurred,

19  the inspector general shall notify the state attorney in the

20  circuit in which the incident occurred.

21         (6)(a)  Any person who is required to make a report

22  under this section and who knowingly or willfully fails to do

23  so, or who knowingly or willfully prevents another person from

24  doing so, commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (b)  Any person who knowingly or willfully submits

27  inaccurate, incomplete, or untruthful information with respect

28  to a report required under this section commits a misdemeanor

29  of the first degree, punishable as provided in s. 775.082 or

30  s. 775.083.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (c)  Any person who knowingly or willfully coerces or

 2  threatens any other person with the intent to alter testimony

 3  or a written report regarding an incident of sexual misconduct

 4  commits a felony of the third degree, punishable as provided

 5  in s. 775.082, s. 775.083, or s. 775.084.

 6         (7)  The provisions and penalties set forth in this

 7  section are in addition to any other civil, administrative, or

 8  criminal action provided by law which may be applied against

 9  an employee.

10         Section 47.  Subsection (2) of section 435.03, Florida

11  Statutes, is amended to read:

12         435.03  Level 1 screening standards.--

13         (2)  Any person for whom employment screening is

14  required by statute must not have been found guilty of,

15  regardless of adjudication, or entered a plea of nolo

16  contendere or guilty to, any offense prohibited under any of

17  the following provisions of the Florida Statutes or under any

18  similar statute of another jurisdiction:

19         (a)  Section 393.135, relating to sexual misconduct

20  with certain developmentally disabled clients and reporting of

21  such sexual misconduct.

22         (b)  Section 394.4593, relating to sexual misconduct

23  with certain mental health patients and reporting of such

24  sexual misconduct.

25         (c)(a)  Section 415.111, relating to abuse, neglect, or

26  exploitation of a vulnerable adult.

27         (d)(b)  Section 782.04, relating to murder.

28         (e)(c)  Section 782.07, relating to manslaughter,

29  aggravated manslaughter of an elderly person or disabled

30  adult, or aggravated manslaughter of a child.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (f)(d)  Section 782.071, relating to vehicular

 2  homicide.

 3         (g)(e)  Section 782.09, relating to killing of an

 4  unborn child by injury to the mother.

 5         (h)(f)  Section 784.011, relating to assault, if the

 6  victim of the offense was a minor.

 7         (i)(g)  Section 784.021, relating to aggravated

 8  assault.

 9         (j)(h)  Section 784.03, relating to battery, if the

10  victim of the offense was a minor.

11         (k)(i)  Section 784.045, relating to aggravated

12  battery.

13         (l)(j)  Section 787.01, relating to kidnapping.

14         (m)(k)  Section 787.02, relating to false imprisonment.

15         (n)(l)  Section 794.011, relating to sexual battery.

16         (o)(m)  Former s. 794.041, relating to prohibited acts

17  of persons in familial or custodial authority.

18         (p)(n)  Chapter 796, relating to prostitution.

19         (q)(o)  Section 798.02, relating to lewd and lascivious

20  behavior.

21         (r)(p)  Chapter 800, relating to lewdness and indecent

22  exposure.

23         (s)(q)  Section 806.01, relating to arson.

24         (t)(r)  Chapter 812, relating to theft, robbery, and

25  related crimes, if the offense was a felony.

26         (u)(s)  Section 817.563, relating to fraudulent sale of

27  controlled substances, only if the offense was a felony.

28         (v)(t)  Section 825.102, relating to abuse, aggravated

29  abuse, or neglect of an elderly person or disabled adult.

30  

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (w)(u)  Section 825.1025, relating to lewd or

 2  lascivious offenses committed upon or in the presence of an

 3  elderly person or disabled adult.

 4         (x)(v)  Section 825.103, relating to exploitation of an

 5  elderly person or disabled adult, if the offense was a felony.

 6         (y)(w)  Section 826.04, relating to incest.

 7         (z)(x)  Section 827.03, relating to child abuse,

 8  aggravated child abuse, or neglect of a child.

 9         (aa)(y)  Section 827.04, relating to contributing to

10  the delinquency or dependency of a child.

11         (bb)(z)  Former s. 827.05, relating to negligent

12  treatment of children.

13         (cc)(aa)  Section 827.071, relating to sexual

14  performance by a child.

15         (dd)(bb)  Chapter 847, relating to obscene literature.

16         (ee)(cc)  Chapter 893, relating to drug abuse

17  prevention and control, only if the offense was a felony or if

18  any other person involved in the offense was a minor.

19         (ff)  Section 916.0175, relating to sexual misconduct

20  with certain forensic clients and reporting of such sexual

21  misconduct.

22         Section 48.  Subsection (2) of section 435.04, Florida

23  Statutes, is amended to read:

24         435.04  Level 2 screening standards.--

25         (2)  The security background investigations under this

26  section must ensure that no persons subject to the provisions

27  of this section have been found guilty of, regardless of

28  adjudication, or entered a plea of nolo contendere or guilty

29  to, any offense prohibited under any of the following

30  provisions of the Florida Statutes or under any similar

31  statute of another jurisdiction:


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    CS for CS for SB 1280                          First Engrossed



 1         (a)  Section 393.135, relating to sexual misconduct

 2  with certain developmentally disabled clients and reporting of

 3  such sexual misconduct.

 4         (b)  Section 394.4593, relating to sexual misconduct

 5  with certain mental health patients and reporting of such

 6  sexual misconduct.

 7         (c)(a)  Section 415.111, relating to adult abuse,

 8  neglect, or exploitation of aged persons or disabled adults.

 9         (d)(b)  Section 782.04, relating to murder.

10         (e)(c)  Section 782.07, relating to manslaughter,

11  aggravated manslaughter of an elderly person or disabled

12  adult, or aggravated manslaughter of a child.

13         (f)(d)  Section 782.071, relating to vehicular

14  homicide.

15         (g)(e)  Section 782.09, relating to killing of an

16  unborn child by injury to the mother.

17         (h)(f)  Section 784.011, relating to assault, if the

18  victim of the offense was a minor.

19         (i)(g)  Section 784.021, relating to aggravated

20  assault.

21         (j)(h)  Section 784.03, relating to battery, if the

22  victim of the offense was a minor.

23         (k)(i)  Section 784.045, relating to aggravated

24  battery.

25         (l)(j)  Section 784.075, relating to battery on a

26  detention or commitment facility staff.

27         (m)(k)  Section 787.01, relating to kidnapping.

28         (n)(l)  Section 787.02, relating to false imprisonment.

29         (o)(m)  Section 787.04(2), relating to taking,

30  enticing, or removing a child beyond the state limits with

31  criminal intent pending custody proceedings.


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    CS for CS for SB 1280                          First Engrossed



 1         (p)(n)  Section 787.04(3), relating to carrying a child

 2  beyond the state lines with criminal intent to avoid producing

 3  a child at a custody hearing or delivering the child to the

 4  designated person.

 5         (q)(o)  Section 790.115(1), relating to exhibiting

 6  firearms or weapons within 1,000 feet of a school.

 7         (r)(p)  Section 790.115(2)(b), relating to possessing

 8  an electric weapon or device, destructive device, or other

 9  weapon on school property.

10         (s)(q)  Section 794.011, relating to sexual battery.

11         (t)(r)  Former s. 794.041, relating to prohibited acts

12  of persons in familial or custodial authority.

13         (u)(s)  Chapter 796, relating to prostitution.

14         (v)(t)  Section 798.02, relating to lewd and lascivious

15  behavior.

16         (w)(u)  Chapter 800, relating to lewdness and indecent

17  exposure.

18         (x)(v)  Section 806.01, relating to arson.

19         (y)(w)  Chapter 812, relating to theft, robbery, and

20  related crimes, if the offense is a felony.

21         (z)(x)  Section 817.563, relating to fraudulent sale of

22  controlled substances, only if the offense was a felony.

23         (aa)(y)  Section 825.102, relating to abuse, aggravated

24  abuse, or neglect of an elderly person or disabled adult.

25         (bb)(z)  Section 825.1025, relating to lewd or

26  lascivious offenses committed upon or in the presence of an

27  elderly person or disabled adult.

28         (cc)(aa)  Section 825.103, relating to exploitation of

29  an elderly person or disabled adult, if the offense was a

30  felony.

31         (dd)(bb)  Section 826.04, relating to incest.


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    CS for CS for SB 1280                          First Engrossed



 1         (ee)(cc)  Section 827.03, relating to child abuse,

 2  aggravated child abuse, or neglect of a child.

 3         (ff)(dd)  Section 827.04, relating to contributing to

 4  the delinquency or dependency of a child.

 5         (gg)(ee)  Former s. 827.05, relating to negligent

 6  treatment of children.

 7         (hh)(ff)  Section 827.071, relating to sexual

 8  performance by a child.

 9         (ii)(gg)  Section 843.01, relating to resisting arrest

10  with violence.

11         (jj)(hh)  Section 843.025, relating to depriving a law

12  enforcement, correctional, or correctional probation officer

13  means of protection or communication.

14         (kk)(ii)  Section 843.12, relating to aiding in an

15  escape.

16         (ll)(jj)  Section 843.13, relating to aiding in the

17  escape of juvenile inmates in correctional institutions.

18         (mm)(kk)  Chapter 847, relating to obscene literature.

19         (nn)(ll)  Section 874.05(1), relating to encouraging or

20  recruiting another to join a criminal gang.

21         (oo)(mm)  Chapter 893, relating to drug abuse

22  prevention and control, only if the offense was a felony or if

23  any other person involved in the offense was a minor.

24         (pp)  Section 916.0175, relating to sexual misconduct

25  with certain forensic clients and reporting of such sexual

26  misconduct.

27         (qq)(nn)  Section 944.35(3), relating to inflicting

28  cruel or inhuman treatment on an inmate resulting in great

29  bodily harm.

30         (rr)(oo)  Section 944.46, relating to harboring,

31  concealing, or aiding an escaped prisoner.


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    CS for CS for SB 1280                          First Engrossed



 1         (ss)(pp)  Section 944.47, relating to introduction of

 2  contraband into a correctional facility.

 3         (tt)(qq)  Section 985.4045, relating to sexual

 4  misconduct in juvenile justice programs.

 5         (uu)(rr)  Section 985.4046, relating to contraband

 6  introduced into detention facilities.

 7         Section 49.  Section 943.0585, Florida Statutes, is

 8  amended to read:

 9         943.0585  Court-ordered expunction of criminal history

10  records.--The courts of this state have jurisdiction over

11  their own procedures, including the maintenance, expunction,

12  and correction of judicial records containing criminal history

13  information to the extent such procedures are not inconsistent

14  with the conditions, responsibilities, and duties established

15  by this section. Any court of competent jurisdiction may order

16  a criminal justice agency to expunge the criminal history

17  record of a minor or an adult who complies with the

18  requirements of this section. The court shall not order a

19  criminal justice agency to expunge a criminal history record

20  until the person seeking to expunge a criminal history record

21  has applied for and received a certificate of eligibility for

22  expunction pursuant to subsection (2). A criminal history

23  record that relates to a violation of s. 393.135, s. 394.4593,

24  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

25  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

26  s. 847.0145, s. 893.135, s. 916.1075, or a violation

27  enumerated in s. 907.041 may not be expunged, without regard

28  to whether adjudication was withheld, if the defendant was

29  found guilty of or pled guilty or nolo contendere to the

30  offense, or if the defendant, as a minor, was found to have

31  committed, or pled guilty or nolo contendere to committing,


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    CS for CS for SB 1280                          First Engrossed



 1  the offense as a delinquent act. The court may only order

 2  expunction of a criminal history record pertaining to one

 3  arrest or one incident of alleged criminal activity, except as

 4  provided in this section. The court may, at its sole

 5  discretion, order the expunction of a criminal history record

 6  pertaining to more than one arrest if the additional arrests

 7  directly relate to the original arrest. If the court intends

 8  to order the expunction of records pertaining to such

 9  additional arrests, such intent must be specified in the

10  order. A criminal justice agency may not expunge any record

11  pertaining to such additional arrests if the order to expunge

12  does not articulate the intention of the court to expunge a

13  record pertaining to more than one arrest. This section does

14  not prevent the court from ordering the expunction of only a

15  portion of a criminal history record pertaining to one arrest

16  or one incident of alleged criminal activity. Notwithstanding

17  any law to the contrary, a criminal justice agency may comply

18  with laws, court orders, and official requests of other

19  jurisdictions relating to expunction, correction, or

20  confidential handling of criminal history records or

21  information derived therefrom. This section does not confer

22  any right to the expunction of any criminal history record,

23  and any request for expunction of a criminal history record

24  may be denied at the sole discretion of the court.

25         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

26  RECORD.--Each petition to a court to expunge a criminal

27  history record is complete only when accompanied by:

28         (a)  A certificate of eligibility for expunction issued

29  by the department pursuant to subsection (2).

30         (b)  The petitioner's sworn statement attesting that

31  the petitioner:


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    CS for CS for SB 1280                          First Engrossed



 1         1.  Has never, prior to the date on which the petition

 2  is filed, been adjudicated guilty of a criminal offense or

 3  comparable ordinance violation or adjudicated delinquent for

 4  committing a felony or a misdemeanor specified in s.

 5  943.051(3)(b).

 6         2.  Has not been adjudicated guilty of, or adjudicated

 7  delinquent for committing, any of the acts stemming from the

 8  arrest or alleged criminal activity to which the petition

 9  pertains.

10         3.  Has never secured a prior sealing or expunction of

11  a criminal history record under this section, former s.

12  893.14, former s. 901.33, or former s. 943.058, or from any

13  jurisdiction outside the state.

14         4.  Is eligible for such an expunction to the best of

15  his or her knowledge or belief and does not have any other

16  petition to expunge or any petition to seal pending before any

17  court.

18  

19  Any person who knowingly provides false information on such

20  sworn statement to the court commits a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

24  to petitioning the court to expunge a criminal history record,

25  a person seeking to expunge a criminal history record shall

26  apply to the department for a certificate of eligibility for

27  expunction. The department shall, by rule adopted pursuant to

28  chapter 120, establish procedures pertaining to the

29  application for and issuance of certificates of eligibility

30  for expunction. The department shall issue a certificate of

31  


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    CS for CS for SB 1280                          First Engrossed



 1  eligibility for expunction to a person who is the subject of a

 2  criminal history record if that person:

 3         (a)  Has obtained, and submitted to the department, a

 4  written, certified statement from the appropriate state

 5  attorney or statewide prosecutor which indicates:

 6         1.  That an indictment, information, or other charging

 7  document was not filed or issued in the case.

 8         2.  That an indictment, information, or other charging

 9  document, if filed or issued in the case, was dismissed or

10  nolle prosequi by the state attorney or statewide prosecutor,

11  or was dismissed by a court of competent jurisdiction.

12         3.  That the criminal history record does not relate to

13  a violation of s. 393.135, s. 394.4593, s. 787.025, chapter

14  794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s.

15  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,

16  s. 893.135, s. 916.1075, or a violation enumerated in s.

17  907.041, where the defendant was found guilty of, or pled

18  guilty or nolo contendere to any such offense, or that the

19  defendant, as a minor, was found to have committed, or pled

20  guilty or nolo contendere to committing, such an offense as a

21  delinquent act, without regard to whether adjudication was

22  withheld.

23         (b)  Remits a $75 processing fee to the department for

24  placement in the Department of Law Enforcement Operating Trust

25  Fund, unless such fee is waived by the executive director.

26         (c)  Has submitted to the department a certified copy

27  of the disposition of the charge to which the petition to

28  expunge pertains.

29         (d)  Has never, prior to the date on which the

30  application for a certificate of eligibility is filed, been

31  adjudicated guilty of a criminal offense or comparable


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    CS for CS for SB 1280                          First Engrossed



 1  ordinance violation or adjudicated delinquent for committing a

 2  felony or a misdemeanor specified in s. 943.051(3)(b).

 3         (e)  Has not been adjudicated guilty of, or adjudicated

 4  delinquent for committing, any of the acts stemming from the

 5  arrest or alleged criminal activity to which the petition to

 6  expunge pertains.

 7         (f)  Has never secured a prior sealing or expunction of

 8  a criminal history record under this section, former s.

 9  893.14, former s. 901.33, or former s. 943.058.

10         (g)  Is no longer under court supervision applicable to

11  the disposition of the arrest or alleged criminal activity to

12  which the petition to expunge pertains.

13         (h)  Is not required to wait a minimum of 10 years

14  prior to being eligible for an expunction of such records

15  because all charges related to the arrest or criminal activity

16  to which the petition to expunge pertains were dismissed prior

17  to trial, adjudication, or the withholding of adjudication.

18  Otherwise, such criminal history record must be sealed under

19  this section, former s. 893.14, former s. 901.33, or former s.

20  943.058 for at least 10 years before such record is eligible

21  for expunction.

22         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

23         (a)  In judicial proceedings under this section, a copy

24  of the completed petition to expunge shall be served upon the

25  appropriate state attorney or the statewide prosecutor and

26  upon the arresting agency; however, it is not necessary to

27  make any agency other than the state a party. The appropriate

28  state attorney or the statewide prosecutor and the arresting

29  agency may respond to the court regarding the completed

30  petition to expunge.

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (b)  If relief is granted by the court, the clerk of

 2  the court shall certify copies of the order to the appropriate

 3  state attorney or the statewide prosecutor and the arresting

 4  agency. The arresting agency is responsible for forwarding the

 5  order to any other agency to which the arresting agency

 6  disseminated the criminal history record information to which

 7  the order pertains. The department shall forward the order to

 8  expunge to the Federal Bureau of Investigation. The clerk of

 9  the court shall certify a copy of the order to any other

10  agency which the records of the court reflect has received the

11  criminal history record from the court.

12         (c)  For an order to expunge entered by a court prior

13  to July 1, 1992, the department shall notify the appropriate

14  state attorney or statewide prosecutor of an order to expunge

15  which is contrary to law because the person who is the subject

16  of the record has previously been convicted of a crime or

17  comparable ordinance violation or has had a prior criminal

18  history record sealed or expunged. Upon receipt of such

19  notice, the appropriate state attorney or statewide prosecutor

20  shall take action, within 60 days, to correct the record and

21  petition the court to void the order to expunge. The

22  department shall seal the record until such time as the order

23  is voided by the court.

24         (d)  On or after July 1, 1992, the department or any

25  other criminal justice agency is not required to act on an

26  order to expunge entered by a court when such order does not

27  comply with the requirements of this section. Upon receipt of

28  such an order, the department must notify the issuing court,

29  the appropriate state attorney or statewide prosecutor, the

30  petitioner or the petitioner's attorney, and the arresting

31  agency of the reason for noncompliance. The appropriate state


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    CS for CS for SB 1280                          First Engrossed



 1  attorney or statewide prosecutor shall take action within 60

 2  days to correct the record and petition the court to void the

 3  order. No cause of action, including contempt of court, shall

 4  arise against any criminal justice agency for failure to

 5  comply with an order to expunge when the petitioner for such

 6  order failed to obtain the certificate of eligibility as

 7  required by this section or such order does not otherwise

 8  comply with the requirements of this section.

 9         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

10  criminal history record of a minor or an adult which is

11  ordered expunged by a court of competent jurisdiction pursuant

12  to this section must be physically destroyed or obliterated by

13  any criminal justice agency having custody of such record;

14  except that any criminal history record in the custody of the

15  department must be retained in all cases. A criminal history

16  record ordered expunged that is retained by the department is

17  confidential and exempt from the provisions of s. 119.07(1)

18  and s. 24(a), Art. I of the State Constitution and not

19  available to any person or entity except upon order of a court

20  of competent jurisdiction. A criminal justice agency may

21  retain a notation indicating compliance with an order to

22  expunge.

23         (a)  The person who is the subject of a criminal

24  history record that is expunged under this section or under

25  other provisions of law, including former s. 893.14, former s.

26  901.33, and former s. 943.058, may lawfully deny or fail to

27  acknowledge the arrests covered by the expunged record, except

28  when the subject of the record:

29         1.  Is a candidate for employment with a criminal

30  justice agency;

31         2.  Is a defendant in a criminal prosecution;


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 1         3.  Concurrently or subsequently petitions for relief

 2  under this section or s. 943.059;

 3         4.  Is a candidate for admission to The Florida Bar;

 4         5.  Is seeking to be employed or licensed by or to

 5  contract with the Department of Children and Family Services

 6  or the Department of Juvenile Justice or to be employed or

 7  used by such contractor or licensee in a sensitive position

 8  having direct contact with children, the developmentally

 9  disabled, the aged, or the elderly as provided in s.

10  110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.

11  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

12  415.102(4), s. 916.106(10) and (13), s. 985.407, or chapter

13  400; or

14         6.  Is seeking to be employed or licensed by the Office

15  of Teacher Education, Certification, Staff Development, and

16  Professional Practices of the Department of Education, any

17  district school board, or any local governmental entity that

18  licenses child care facilities.

19         (b)  Subject to the exceptions in paragraph (a), a

20  person who has been granted an expunction under this section,

21  former s. 893.14, former s. 901.33, or former s. 943.058 may

22  not be held under any provision of law of this state to commit

23  perjury or to be otherwise liable for giving a false statement

24  by reason of such person's failure to recite or acknowledge an

25  expunged criminal history record.

26         (c)  Information relating to the existence of an

27  expunged criminal history record which is provided in

28  accordance with paragraph (a) is confidential and exempt from

29  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

30  State Constitution, except that the department shall disclose

31  the existence of a criminal history record ordered expunged to


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 1  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

 2  for their respective licensing and employment purposes, and to

 3  criminal justice agencies for their respective criminal

 4  justice purposes. It is unlawful for any employee of an entity

 5  set forth in subparagraph (a)1., subparagraph (a)4.,

 6  subparagraph (a)5., or subparagraph (a)6. to disclose

 7  information relating to the existence of an expunged criminal

 8  history record of a person seeking employment or licensure

 9  with such entity or contractor, except to the person to whom

10  the criminal history record relates or to persons having

11  direct responsibility for employment or licensure decisions.

12  Any person who violates this paragraph commits a misdemeanor

13  of the first degree, punishable as provided in s. 775.082 or

14  s. 775.083.

15         (5)  STATUTORY REFERENCES.--Any reference to any other

16  chapter, section, or subdivision of the Florida Statutes in

17  this section constitutes a general reference under the

18  doctrine of incorporation by reference.

19         Section 50.  Section 943.059, Florida Statutes, is

20  amended to read:

21         943.059  Court-ordered sealing of criminal history

22  records.--The courts of this state shall continue to have

23  jurisdiction over their own procedures, including the

24  maintenance, sealing, and correction of judicial records

25  containing criminal history information to the extent such

26  procedures are not inconsistent with the conditions,

27  responsibilities, and duties established by this section. Any

28  court of competent jurisdiction may order a criminal justice

29  agency to seal the criminal history record of a minor or an

30  adult who complies with the requirements of this section. The

31  court shall not order a criminal justice agency to seal a


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 1  criminal history record until the person seeking to seal a

 2  criminal history record has applied for and received a

 3  certificate of eligibility for sealing pursuant to subsection

 4  (2). A criminal history record that relates to a violation of

 5  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

 6  s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,

 7  s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

 8  916.1075, or a violation enumerated in s. 907.041 may not be

 9  sealed, without regard to whether adjudication was withheld,

10  if the defendant was found guilty of or pled guilty or nolo

11  contendere to the offense, or if the defendant, as a minor,

12  was found to have committed or pled guilty or nolo contendere

13  to committing the offense as a delinquent act. The court may

14  only order sealing of a criminal history record pertaining to

15  one arrest or one incident of alleged criminal activity,

16  except as provided in this section. The court may, at its sole

17  discretion, order the sealing of a criminal history record

18  pertaining to more than one arrest if the additional arrests

19  directly relate to the original arrest. If the court intends

20  to order the sealing of records pertaining to such additional

21  arrests, such intent must be specified in the order. A

22  criminal justice agency may not seal any record pertaining to

23  such additional arrests if the order to seal does not

24  articulate the intention of the court to seal records

25  pertaining to more than one arrest. This section does not

26  prevent the court from ordering the sealing of only a portion

27  of a criminal history record pertaining to one arrest or one

28  incident of alleged criminal activity. Notwithstanding any law

29  to the contrary, a criminal justice agency may comply with

30  laws, court orders, and official requests of other

31  jurisdictions relating to sealing, correction, or confidential


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 1  handling of criminal history records or information derived

 2  therefrom. This section does not confer any right to the

 3  sealing of any criminal history record, and any request for

 4  sealing a criminal history record may be denied at the sole

 5  discretion of the court.

 6         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

 7  petition to a court to seal a criminal history record is

 8  complete only when accompanied by:

 9         (a)  A certificate of eligibility for sealing issued by

10  the department pursuant to subsection (2).

11         (b)  The petitioner's sworn statement attesting that

12  the petitioner:

13         1.  Has never, prior to the date on which the petition

14  is filed, been adjudicated guilty of a criminal offense or

15  comparable ordinance violation or adjudicated delinquent for

16  committing a felony or a misdemeanor specified in s.

17  943.051(3)(b).

18         2.  Has not been adjudicated guilty of or adjudicated

19  delinquent for committing any of the acts stemming from the

20  arrest or alleged criminal activity to which the petition to

21  seal pertains.

22         3.  Has never secured a prior sealing or expunction of

23  a criminal history record under this section, former s.

24  893.14, former s. 901.33, former s. 943.058, or from any

25  jurisdiction outside the state.

26         4.  Is eligible for such a sealing to the best of his

27  or her knowledge or belief and does not have any other

28  petition to seal or any petition to expunge pending before any

29  court.

30  

31  


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 1  Any person who knowingly provides false information on such

 2  sworn statement to the court commits a felony of the third

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084.

 5         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

 6  petitioning the court to seal a criminal history record, a

 7  person seeking to seal a criminal history record shall apply

 8  to the department for a certificate of eligibility for

 9  sealing. The department shall, by rule adopted pursuant to

10  chapter 120, establish procedures pertaining to the

11  application for and issuance of certificates of eligibility

12  for sealing. The department shall issue a certificate of

13  eligibility for sealing to a person who is the subject of a

14  criminal history record provided that such person:

15         (a)  Has submitted to the department a certified copy

16  of the disposition of the charge to which the petition to seal

17  pertains.

18         (b)  Remits a $75 processing fee to the department for

19  placement in the Department of Law Enforcement Operating Trust

20  Fund, unless such fee is waived by the executive director.

21         (c)  Has never, prior to the date on which the

22  application for a certificate of eligibility is filed, been

23  adjudicated guilty of a criminal offense or comparable

24  ordinance violation or adjudicated delinquent for committing a

25  felony or a misdemeanor specified in s. 943.051(3)(b).

26         (d)  Has not been adjudicated guilty of or adjudicated

27  delinquent for committing any of the acts stemming from the

28  arrest or alleged criminal activity to which the petition to

29  seal pertains.

30  

31  


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 1         (e)  Has never secured a prior sealing or expunction of

 2  a criminal history record under this section, former s.

 3  893.14, former s. 901.33, or former s. 943.058.

 4         (f)  Is no longer under court supervision applicable to

 5  the disposition of the arrest or alleged criminal activity to

 6  which the petition to seal pertains.

 7         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

 8         (a)  In judicial proceedings under this section, a copy

 9  of the completed petition to seal shall be served upon the

10  appropriate state attorney or the statewide prosecutor and

11  upon the arresting agency; however, it is not necessary to

12  make any agency other than the state a party. The appropriate

13  state attorney or the statewide prosecutor and the arresting

14  agency may respond to the court regarding the completed

15  petition to seal.

16         (b)  If relief is granted by the court, the clerk of

17  the court shall certify copies of the order to the appropriate

18  state attorney or the statewide prosecutor and to the

19  arresting agency. The arresting agency is responsible for

20  forwarding the order to any other agency to which the

21  arresting agency disseminated the criminal history record

22  information to which the order pertains. The department shall

23  forward the order to seal to the Federal Bureau of

24  Investigation. The clerk of the court shall certify a copy of

25  the order to any other agency which the records of the court

26  reflect has received the criminal history record from the

27  court.

28         (c)  For an order to seal entered by a court prior to

29  July 1, 1992, the department shall notify the appropriate

30  state attorney or statewide prosecutor of any order to seal

31  which is contrary to law because the person who is the subject


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 1  of the record has previously been convicted of a crime or

 2  comparable ordinance violation or has had a prior criminal

 3  history record sealed or expunged. Upon receipt of such

 4  notice, the appropriate state attorney or statewide prosecutor

 5  shall take action, within 60 days, to correct the record and

 6  petition the court to void the order to seal. The department

 7  shall seal the record until such time as the order is voided

 8  by the court.

 9         (d)  On or after July 1, 1992, the department or any

10  other criminal justice agency is not required to act on an

11  order to seal entered by a court when such order does not

12  comply with the requirements of this section. Upon receipt of

13  such an order, the department must notify the issuing court,

14  the appropriate state attorney or statewide prosecutor, the

15  petitioner or the petitioner's attorney, and the arresting

16  agency of the reason for noncompliance. The appropriate state

17  attorney or statewide prosecutor shall take action within 60

18  days to correct the record and petition the court to void the

19  order. No cause of action, including contempt of court, shall

20  arise against any criminal justice agency for failure to

21  comply with an order to seal when the petitioner for such

22  order failed to obtain the certificate of eligibility as

23  required by this section or when such order does not comply

24  with the requirements of this section.

25         (e)  An order sealing a criminal history record

26  pursuant to this section does not require that such record be

27  surrendered to the court, and such record shall continue to be

28  maintained by the department and other criminal justice

29  agencies.

30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

31  criminal history record of a minor or an adult which is


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 1  ordered sealed by a court of competent jurisdiction pursuant

 2  to this section is confidential and exempt from the provisions

 3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 4  and is available only to the person who is the subject of the

 5  record, to the subject's attorney, to criminal justice

 6  agencies for their respective criminal justice purposes, or to

 7  those entities set forth in subparagraphs (a)1., 4., 5., and

 8  6. for their respective licensing and employment purposes.

 9         (a)  The subject of a criminal history record sealed

10  under this section or under other provisions of law, including

11  former s. 893.14, former s. 901.33, and former s. 943.058, may

12  lawfully deny or fail to acknowledge the arrests covered by

13  the sealed record, except when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.0585;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.

27  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

28  415.102(4), s. 415.103, s. 916.106(10) and (13), s. 985.407,

29  or chapter 400; or

30         6.  Is seeking to be employed or licensed by the Office

31  of Teacher Education, Certification, Staff Development, and


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 1  Professional Practices of the Department of Education, any

 2  district school board, or any local governmental entity which

 3  licenses child care facilities.

 4         (b)  Subject to the exceptions in paragraph (a), a

 5  person who has been granted a sealing under this section,

 6  former s. 893.14, former s. 901.33, or former s. 943.058 may

 7  not be held under any provision of law of this state to commit

 8  perjury or to be otherwise liable for giving a false statement

 9  by reason of such person's failure to recite or acknowledge a

10  sealed criminal history record.

11         (c)  Information relating to the existence of a sealed

12  criminal record provided in accordance with the provisions of

13  paragraph (a) is confidential and exempt from the provisions

14  of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution, except that the department shall disclose the

16  sealed criminal history record to the entities set forth in

17  subparagraphs (a)1., 4., 5., and 6. for their respective

18  licensing and employment purposes. It is unlawful for any

19  employee of an entity set forth in subparagraph (a)1.,

20  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

21  to disclose information relating to the existence of a sealed

22  criminal history record of a person seeking employment or

23  licensure with such entity or contractor, except to the person

24  to whom the criminal history record relates or to persons

25  having direct responsibility for employment or licensure

26  decisions. Any person who violates the provisions of this

27  paragraph commits a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (5)  STATUTORY REFERENCES.--Any reference to any other

30  chapter, section, or subdivision of the Florida Statutes in

31  


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 1  this section constitutes a general reference under the

 2  doctrine of incorporation by reference.

 3         Section 51.  Paragraph (a) of subsection (2) of section

 4  400.215, Florida Statutes, is amended, and paragraphs (b) and

 5  (c) of subsection (2) and subsection (3) of that section are

 6  reenacted for the purpose of incorporating the amendments to

 7  sections 435.03 and 435.04, Florida Statutes, in references

 8  thereto, to read:

 9         400.215  Personnel screening requirement.--

10         (2)  Employers and employees shall comply with the

11  requirements of s. 435.05.

12         (a)  Notwithstanding the provisions of s. 435.05(1),

13  facilities must have in their possession evidence that level 1

14  screening has been completed before allowing an employee to

15  begin working with patients as provided in subsection (1). All

16  information necessary for conducting background screening

17  using level 1 standards as specified in s. 435.03(1) shall be

18  submitted by the nursing facility to the agency. Results of

19  the background screening shall be provided by the agency to

20  the requesting nursing facility.

21         (b)  Employees qualified under the provisions of

22  paragraph (a) who have not maintained continuous residency

23  within the state for the 5 years immediately preceding the

24  date of request for background screening must complete level 2

25  screening, as provided in chapter 435. Such employees may work

26  in a conditional status up to 180 days pending the receipt of

27  written findings evidencing the completion of level 2

28  screening. Level 2 screening shall not be required of

29  employees or prospective employees who attest in writing under

30  penalty of perjury that they meet the residency requirement.

31  Completion of level 2 screening shall require the employee or


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 1  prospective employee to furnish to the nursing facility a full

 2  set of fingerprints to enable a criminal background

 3  investigation to be conducted. The nursing facility shall

 4  submit the completed fingerprint card to the agency. The

 5  agency shall establish a record of the request in the database

 6  provided for in paragraph (c) and forward the request to the

 7  Department of Law Enforcement, which is authorized to submit

 8  the fingerprints to the Federal Bureau of Investigation for a

 9  national criminal history records check. The results of the

10  national criminal history records check shall be returned to

11  the agency, which shall maintain the results in the database

12  provided for in paragraph (c). The agency shall notify the

13  administrator of the requesting nursing facility or the

14  administrator of any other facility licensed under chapter

15  393, chapter 394, chapter 395, chapter 397, or this chapter,

16  as requested by such facility, as to whether or not the

17  employee has qualified under level 1 or level 2 screening. An

18  employee or prospective employee who has qualified under level

19  2 screening and has maintained such continuous residency

20  within the state shall not be required to complete a

21  subsequent level 2 screening as a condition of employment at

22  another facility.

23         (c)  The agency shall establish and maintain a database

24  of background screening information which shall include the

25  results of both level 1 and level 2 screening. The Department

26  of Law Enforcement shall timely provide to the agency,

27  electronically, the results of each statewide screening for

28  incorporation into the database. The agency shall, upon

29  request from any facility, agency, or program required by or

30  authorized by law to screen its employees or applicants,

31  notify the administrator of the facility, agency, or program


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 1  of the qualifying or disqualifying status of the employee or

 2  applicant named in the request.

 3         (3)  The applicant is responsible for paying the fees

 4  associated with obtaining the required screening. Payment for

 5  the screening shall be submitted to the agency. The agency

 6  shall establish a schedule of fees to cover the costs of level

 7  1 and level 2 screening. Facilities may reimburse employees

 8  for these costs. The Department of Law Enforcement shall

 9  charge the agency for a level 1 or level 2 screening a rate

10  sufficient to cover the costs of such screening pursuant to s.

11  943.053(3). The agency shall, as allowable, reimburse nursing

12  facilities for the cost of conducting background screening as

13  required by this section. This reimbursement will not be

14  subject to any rate ceilings or payment targets in the

15  Medicaid Reimbursement plan.

16         Section 52.  For the purpose of incorporating the

17  amendments to sections 435.03 and 435.04, Florida Statutes, in

18  references thereto, subsections (1) and (2) of section

19  400.964, Florida Statutes, are reenacted, and subsection (7)

20  of that section is amended and reenacted, to read:

21         400.964  Personnel screening requirement.--

22         (1)  The agency shall require level 2 background

23  screening as provided in chapter 435 for all employees or

24  prospective employees of facilities licensed under this part

25  who are expected to be, or whose responsibilities are such

26  that they would be considered to be, a direct service

27  provider.

28         (2)  Employers and employees shall comply with the

29  requirements of chapter 435.

30         (7)  All employees must comply with the requirements of

31  this section by October 1, 2000. A person employed by a


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 1  facility licensed pursuant to this part as of the effective

 2  date of this act is not required to submit to rescreening if

 3  the facility has in its possession written evidence that the

 4  person has been screened and qualified according to level 1

 5  standards as specified in s. 435.03(1). Any current employee

 6  who meets the level 1 requirement but does not meet the 5-year

 7  residency requirement must provide to the employing facility

 8  written attestation under penalty of perjury that the employee

 9  has not been convicted of a disqualifying offense in another

10  state or jurisdiction. All applicants hired on or after

11  October 1, 1999, must comply with the requirements of this

12  section.

13         Section 53.  For the purposes of incorporating the

14  amendment to section 435.04, Florida Statutes, in references

15  thereto, paragraph (a) of subsection (1) of section 435.045,

16  Florida Statutes, is amended and reenacted to read:

17         435.045  Requirements for placement of dependent

18  children.--

19         (1)(a)  Unless an election provided for in subsection

20  (2) is made with respect to the state, the department is

21  authorized to conduct criminal records checks equivalent to

22  the level 2 screening required in s. 435.04(1) for any person

23  being considered by the department for placement of a child

24  subject to a placement decision pursuant to chapter 39.

25  Approval shall not be granted:

26         1.  In any case in which a record check reveals a

27  felony conviction for child abuse, abandonment, or neglect;

28  for spousal abuse; for a crime against children, including

29  child pornography, or for a crime involving violence,

30  including rape, sexual assault, or homicide but not including

31  other physical assault or battery, if the department finds


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 1  that a court of competent jurisdiction has determined that the

 2  felony was committed at any time; and

 3         2.  In any case in which a record check reveals a

 4  felony conviction for physical assault, battery, or a

 5  drug-related offense, if the department finds that a court of

 6  competent jurisdiction has determined that the felony was

 7  committed within the past 5 years.

 8         Section 54.  For the purpose of incorporating the

 9  amendment to sections 435.03 and 435.04, Florida Statutes, in

10  references thereto, paragraphs (f) and (g) of subsection (1)

11  of section 400.414, Florida Statutes, are reenacted to read:

12         400.414  Denial, revocation, or suspension of license;

13  imposition of administrative fine; grounds.--

14         (1)  The agency may deny, revoke, or suspend any

15  license issued under this part, or impose an administrative

16  fine in the manner provided in chapter 120, for any of the

17  following actions by an assisted living facility, for the

18  actions of any person subject to level 2 background screening

19  under s. 400.4174, or for the actions of any facility

20  employee:

21         (f)  A determination that a person subject to level 2

22  background screening under s. 400.4174(1) does not meet the

23  screening standards of s. 435.04 or that the facility is

24  retaining an employee subject to level 1 background screening

25  standards under s. 400.4174(2) who does not meet the screening

26  standards of s. 435.03 and for whom exemptions from

27  disqualification have not been provided by the agency.

28         (g)  A determination that an employee, volunteer,

29  administrator, or owner, or person who otherwise has access to

30  the residents of a facility does not meet the criteria

31  specified in s. 435.03(2), and the owner or administrator has


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 1  not taken action to remove the person. Exemptions from

 2  disqualification may be granted as set forth in s. 435.07. No

 3  administrative action may be taken against the facility if the

 4  person is granted an exemption.

 5  

 6  Administrative proceedings challenging agency action under

 7  this subsection shall be reviewed on the basis of the facts

 8  and conditions that resulted in the agency action.

 9         Section 55.  For the purpose of incorporating the

10  amendment to sections 435.03 and 435.04, Florida Statutes, in

11  references thereto, section 400.4174, Florida Statutes, is

12  reenacted to read:

13         400.4174  Background screening; exemptions.--

14         (1)(a)  Level 2 background screening must be conducted

15  on each of the following persons, who shall be considered

16  employees for the purposes of conducting screening under

17  chapter 435:

18         1.  The facility owner if an individual, the

19  administrator, and the financial officer.

20         2.  An officer or board member if the facility owner is

21  a firm, corporation, partnership, or association, or any

22  person owning 5 percent or more of the facility if the agency

23  has probable cause to believe that such person has been

24  convicted of any offense prohibited by s. 435.04. For each

25  officer, board member, or person owning 5 percent or more who

26  has been convicted of any such offense, the facility shall

27  submit to the agency a description and explanation of the

28  conviction at the time of license application. This

29  subparagraph does not apply to a board member of a

30  not-for-profit corporation or organization if the board member

31  serves solely in a voluntary capacity, does not regularly take


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 1  part in the day-to-day operational decisions of the

 2  corporation or organization, receives no remuneration for his

 3  or her services, and has no financial interest and has no

 4  family members with a financial interest in the corporation or

 5  organization, provided that the board member and facility

 6  submit a statement affirming that the board member's

 7  relationship to the facility satisfies the requirements of

 8  this subparagraph.

 9         (b)  Proof of compliance with level 2 screening

10  standards which has been submitted within the previous 5 years

11  to meet any facility or professional licensure requirements of

12  the agency or the Department of Health satisfies the

13  requirements of this subsection, provided that such proof is

14  accompanied, under penalty of perjury, by an affidavit of

15  compliance with the provisions of chapter 435. Proof of

16  compliance with the background screening requirements of the

17  Financial Services Commission and the Office of Insurance

18  Regulation for applicants for a certificate of authority to

19  operate a continuing care retirement community under chapter

20  651, submitted within the last 5 years, satisfies the

21  Department of Law Enforcement and Federal Bureau of

22  Investigation portions of a level 2 background check.

23         (c)  The agency may grant a provisional license to a

24  facility applying for an initial license when each individual

25  required by this subsection to undergo screening has completed

26  the Department of Law Enforcement background checks, but has

27  not yet received results from the Federal Bureau of

28  Investigation, or when a request for an exemption from

29  disqualification has been submitted to the agency pursuant to

30  s. 435.07, but a response has not been issued.

31  


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 1         (2)  The owner or administrator of an assisted living

 2  facility must conduct level 1 background screening, as set

 3  forth in chapter 435, on all employees hired on or after

 4  October 1, 1998, who perform personal services as defined in

 5  s. 400.402(17). The agency may exempt an individual from

 6  employment disqualification as set forth in chapter 435. Such

 7  persons shall be considered as having met this requirement if:

 8         (a)  Proof of compliance with level 1 screening

 9  requirements obtained to meet any professional license

10  requirements in this state is provided and accompanied, under

11  penalty of perjury, by a copy of the person's current

12  professional license and an affidavit of current compliance

13  with the background screening requirements.

14         (b)  The person required to be screened has been

15  continuously employed in the same type of occupation for which

16  the person is seeking employment without a breach in service

17  which exceeds 180 days, and proof of compliance with the level

18  1 screening requirement which is no more than 2 years old is

19  provided. Proof of compliance shall be provided directly from

20  one employer or contractor to another, and not from the person

21  screened. Upon request, a copy of screening results shall be

22  provided by the employer retaining documentation of the

23  screening to the person screened.

24         (c)  The person required to be screened is employed by

25  a corporation or business entity or related corporation or

26  business entity that owns, operates, or manages more than one

27  facility or agency licensed under this chapter, and for whom a

28  level 1 screening was conducted by the corporation or business

29  entity as a condition of initial or continued employment.

30         Section 56.  For the purpose of incorporating the

31  amendment to sections 435.03 and 435.04, Florida Statutes, in


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 1  references thereto, paragraphs (a), (b), (c), (d), (f), and

 2  (g) of subsection (4) of section 400.509, Florida Statutes,

 3  are reenacted to read:

 4         400.509  Registration of particular service providers

 5  exempt from licensure; certificate of registration; regulation

 6  of registrants.--

 7         (4)  Each applicant for registration must comply with

 8  the following requirements:

 9         (a)  Upon receipt of a completed, signed, and dated

10  application, the agency shall require background screening, in

11  accordance with the level 1 standards for screening set forth

12  in chapter 435, of every individual who will have contact with

13  the client. The agency shall require background screening of

14  the managing employee or other similarly titled individual who

15  is responsible for the operation of the entity, and of the

16  financial officer or other similarly titled individual who is

17  responsible for the financial operation of the entity,

18  including billings for client services in accordance with the

19  level 2 standards for background screening as set forth in

20  chapter 435.

21         (b)  The agency may require background screening of any

22  other individual who is affiliated with the applicant if the

23  agency has a reasonable basis for believing that he or she has

24  been convicted of a crime or has committed any other offense

25  prohibited under the level 2 standards for screening set forth

26  in chapter 435.

27         (c)  Proof of compliance with the level 2 background

28  screening requirements of chapter 435 which has been submitted

29  within the previous 5 years in compliance with any other

30  health care or assisted living licensure requirements of this

31  state is acceptable in fulfillment of paragraph (a).


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 1         (d)  A provisional registration may be granted to an

 2  applicant when each individual required by this section to

 3  undergo background screening has met the standards for the

 4  abuse-registry background check through the agency and the

 5  Department of Law Enforcement background check, but the agency

 6  has not yet received background screening results from the

 7  Federal Bureau of Investigation. A standard registration may

 8  be granted to the applicant upon the agency's receipt of a

 9  report of the results of the Federal Bureau of Investigation

10  background screening for each individual required by this

11  section to undergo background screening which confirms that

12  all standards have been met, or upon the granting of a

13  disqualification exemption by the agency as set forth in

14  chapter 435. Any other person who is required to undergo level

15  2 background screening may serve in his or her capacity

16  pending the agency's receipt of the report from the Federal

17  Bureau of Investigation. However, the person may not continue

18  to serve if the report indicates any violation of background

19  screening standards and if a disqualification exemption has

20  not been requested of and granted by the agency as set forth

21  in chapter 435.

22         (f)  Each applicant must submit to the agency a

23  description and explanation of any conviction of an offense

24  prohibited under the level 2 standards of chapter 435 which

25  was committed by a member of the board of directors of the

26  applicant, its officers, or any individual owning 5 percent or

27  more of the applicant. This requirement does not apply to a

28  director of a not-for-profit corporation or organization who

29  serves solely in a voluntary capacity for the corporation or

30  organization, does not regularly take part in the day-to-day

31  operational decisions of the corporation or organization,


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 1  receives no remuneration for his or her services on the

 2  corporation's or organization's board of directors, and has no

 3  financial interest and no family members having a financial

 4  interest in the corporation or organization, if the director

 5  and the not-for-profit corporation or organization include in

 6  the application a statement affirming that the director's

 7  relationship to the corporation satisfies the requirements of

 8  this paragraph.

 9         (g)  A registration may not be granted to an applicant

10  if the applicant or managing employee has been found guilty

11  of, regardless of adjudication, or has entered a plea of nolo

12  contendere or guilty to, any offense prohibited under the

13  level 2 standards for screening set forth in chapter 435,

14  unless an exemption from disqualification has been granted by

15  the agency as set forth in chapter 435.

16         Section 57.  For the purpose of incorporating the

17  amendment to sections 435.03 and 435.04, Florida Statutes, in

18  references thereto, paragraph (c) of subsection (2) of section

19  400.556, Florida Statutes, is reenacted to read:

20         400.556  Denial, suspension, revocation of license;

21  administrative fines; investigations and inspections.--

22         (2)  Each of the following actions by the owner of an

23  adult day care center or by its operator or employee is a

24  ground for action by the agency against the owner of the

25  center or its operator or employee:

26         (c)  A failure of persons subject to level 2 background

27  screening under s. 400.4174(1) to meet the screening standards

28  of s. 435.04, or the retention by the center of an employee

29  subject to level 1 background screening standards under s.

30  400.4174(2) who does not meet the screening standards of s.

31  


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 1  435.03 and for whom exemptions from disqualification have not

 2  been provided by the agency.

 3         Section 58.  For the purpose of incorporating the

 4  amendment to sections 435.03 and 435.04, Florida Statutes, in

 5  references thereto, subsections (1), (2), and (4) of section

 6  400.6065, Florida Statutes, are reenacted to read:

 7         400.6065  Background screening.--

 8         (1)  Upon receipt of a completed application under s.

 9  400.606, the agency shall require level 2 background screening

10  on each of the following persons, who shall be considered

11  employees for the purposes of conducting screening under

12  chapter 435:

13         (a)  The hospice administrator and financial officer.

14         (b)  An officer or board member if the hospice is a

15  firm, corporation, partnership, or association, or any person

16  owning 5 percent or more of the hospice if the agency has

17  probable cause to believe that such officer, board member, or

18  owner has been convicted of any offense prohibited by s.

19  435.04. For each officer, board member, or person owning 5

20  percent or more who has been convicted of any such offense,

21  the hospice shall submit to the agency a description and

22  explanation of the conviction at the time of license

23  application. This paragraph does not apply to a board member

24  of a not-for-profit corporation or organization if the board

25  member serves solely in a voluntary capacity, does not

26  regularly take part in the day-to-day operational decisions of

27  the corporation or organization, receives no remuneration for

28  his or her services, and has no financial interest and has no

29  family members with a financial interest in the corporation or

30  organization, provided that the board member and the

31  corporation or organization submit a statement affirming that


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 1  the board member's relationship to the corporation or

 2  organization satisfies the requirements of this paragraph.

 3         (2)  Proof of compliance with level 2 screening

 4  standards which has been submitted within the previous 5 years

 5  to meet any facility or professional licensure requirements of

 6  the agency or the Department of Health satisfies the

 7  requirements of this section.

 8         (4)  The agency shall require employment or contractor

 9  screening as provided in chapter 435, using the level 1

10  standards for screening set forth in that chapter, for hospice

11  personnel.

12         Section 59.  For the purpose of incorporating the

13  amendment to sections 435.03 and 435.04, Florida Statutes, in

14  references thereto, paragraphs (a), (b), (c), (d), (f), and

15  (g) of subsection (4) of section 400.980, Florida Statutes,

16  are reenacted to read:

17         400.980  Health care services pools.--

18         (4)  Each applicant for registration must comply with

19  the following requirements:

20         (a)  Upon receipt of a completed, signed, and dated

21  application, the agency shall require background screening, in

22  accordance with the level 1 standards for screening set forth

23  in chapter 435, of every individual who will have contact with

24  patients. The agency shall require background screening of the

25  managing employee or other similarly titled individual who is

26  responsible for the operation of the entity, and of the

27  financial officer or other similarly titled individual who is

28  responsible for the financial operation of the entity,

29  including billings for services in accordance with the level 2

30  standards for background screening as set forth in chapter

31  435.


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 1         (b)  The agency may require background screening of any

 2  other individual who is affiliated with the applicant if the

 3  agency has a reasonable basis for believing that he or she has

 4  been convicted of a crime or has committed any other offense

 5  prohibited under the level 2 standards for screening set forth

 6  in chapter 435.

 7         (c)  Proof of compliance with the level 2 background

 8  screening requirements of chapter 435 which has been submitted

 9  within the previous 5 years in compliance with any other

10  health care or assisted living licensure requirements of this

11  state is acceptable in fulfillment of paragraph (a).

12         (d)  A provisional registration may be granted to an

13  applicant when each individual required by this section to

14  undergo background screening has met the standards for the

15  Department of Law Enforcement background check but the agency

16  has not yet received background screening results from the

17  Federal Bureau of Investigation. A standard registration may

18  be granted to the applicant upon the agency's receipt of a

19  report of the results of the Federal Bureau of Investigation

20  background screening for each individual required by this

21  section to undergo background screening which confirms that

22  all standards have been met, or upon the granting of a

23  disqualification exemption by the agency as set forth in

24  chapter 435. Any other person who is required to undergo level

25  2 background screening may serve in his or her capacity

26  pending the agency's receipt of the report from the Federal

27  Bureau of Investigation. However, the person may not continue

28  to serve if the report indicates any violation of background

29  screening standards and if a disqualification exemption has

30  not been requested of and granted by the agency as set forth

31  in chapter 435.


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 1         (f)  Each applicant must submit to the agency a

 2  description and explanation of any conviction of an offense

 3  prohibited under the level 2 standards of chapter 435 which

 4  was committed by a member of the board of directors of the

 5  applicant, its officers, or any individual owning 5 percent or

 6  more of the applicant. This requirement does not apply to a

 7  director of a not-for-profit corporation or organization who

 8  serves solely in a voluntary capacity for the corporation or

 9  organization, does not regularly take part in the day-to-day

10  operational decisions of the corporation or organization,

11  receives no remuneration for his or her services on the

12  corporation's or organization's board of directors, and has no

13  financial interest and no family members having a financial

14  interest in the corporation or organization, if the director

15  and the not-for-profit corporation or organization include in

16  the application a statement affirming that the director's

17  relationship to the corporation satisfies the requirements of

18  this paragraph.

19         (g)  A registration may not be granted to an applicant

20  if the applicant or managing employee has been found guilty

21  of, regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         Section 60.  For the purpose of incorporating the

27  amendment to sections 435.03 and 435.04, Florida Statutes, in

28  references thereto, paragraph (k) of subsection (2) of section

29  409.175, Florida Statutes, is reenacted to read:

30  

31  


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 1         409.175  Licensure of family foster homes, residential

 2  child-caring agencies, and child-placing agencies; public

 3  records exemption.--

 4         (2)  As used in this section, the term:

 5         (k)  "Screening" means the act of assessing the

 6  background of personnel and includes, but is not limited to,

 7  employment history checks as provided in chapter 435, using

 8  the level 2 standards for screening set forth in that chapter.

 9  Screening for employees and volunteers in summer day camps and

10  summer 24-hour camps and screening for all volunteers included

11  under the definition of "personnel" shall be conducted as

12  provided in chapter 435, using the level 1 standards set forth

13  in that chapter.

14         Section 61.  For the purpose of incorporating the

15  amendment to sections 435.03 and 435.04, Florida Statutes, in

16  references thereto, paragraph (d) of subsection (8) of section

17  409.907, Florida Statutes, is reenacted to read:

18         409.907  Medicaid provider agreements.--The agency may

19  make payments for medical assistance and related services

20  rendered to Medicaid recipients only to an individual or

21  entity who has a provider agreement in effect with the agency,

22  who is performing services or supplying goods in accordance

23  with federal, state, and local law, and who agrees that no

24  person shall, on the grounds of handicap, race, color, or

25  national origin, or for any other reason, be subjected to

26  discrimination under any program or activity for which the

27  provider receives payment from the agency.

28         (8)

29         (d)  Proof of compliance with the requirements of level

30  2 screening under s. 435.04 conducted within 12 months prior

31  to the date that the Medicaid provider application is


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 1  submitted to the agency shall fulfill the requirements of this

 2  subsection. Proof of compliance with the requirements of level

 3  1 screening under s. 435.03 conducted within 12 months prior

 4  to the date that the Medicaid provider application is

 5  submitted to the agency shall meet the requirement that the

 6  Department of Law Enforcement conduct a state criminal history

 7  record check.

 8         Section 62.  For the purpose of incorporating the

 9  amendment to sections 435.03 and 435.04, Florida Statutes, in

10  references thereto, subsections (1) and (3) of section 435.05,

11  Florida Statutes, are reenacted to read:

12         435.05  Requirements for covered employees.--Except as

13  otherwise provided by law, the following requirements shall

14  apply to covered employees:

15         (1)(a)  Every person employed in a position for which

16  employment screening is required must, within 5 working days

17  after starting to work, submit to the employer a complete set

18  of information necessary to conduct a screening under this

19  section.

20         (b)  For level 1 screening, the employer must submit

21  the information necessary for screening to the Florida

22  Department of Law Enforcement within 5 working days after

23  receiving it. The Florida Department of Law Enforcement will

24  conduct a search of its records and will respond to the

25  employer agency. The employer will inform the employee whether

26  screening has revealed any disqualifying information.

27         (c)  For level 2 screening, the employer or licensing

28  agency must submit the information necessary for screening to

29  the Florida Department of Law Enforcement within 5 working

30  days after receiving it. The Florida Department of Law

31  Enforcement will conduct a search of its criminal and juvenile


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 1  records and will request that the Federal Bureau of

 2  Investigation conduct a search of its records for each

 3  employee for whom the request is made. The Florida Department

 4  of Law Enforcement will respond to the employer or licensing

 5  agency, and the employer or licensing agency will inform the

 6  employee whether screening has revealed disqualifying

 7  information.

 8         (d)  The person whose background is being checked must

 9  supply any missing criminal or other necessary information to

10  the employer within 30 days after the employer makes a request

11  for the information or be subject to automatic

12  disqualification.

13         (3)  Each employer required to conduct level 2

14  background screening must sign an affidavit annually, under

15  penalty of perjury, stating that all covered employees have

16  been screened or are newly hired and are awaiting the results

17  of the required screening checks.

18         Section 63.  For the purpose of incorporating the

19  amendment to sections 435.03 and 435.04, Florida Statutes, in

20  references thereto, section 744.3135, Florida Statutes, as

21  amended by chapter 2003-402, Laws of Florida, is reenacted to

22  read:

23         744.3135  Credit and criminal investigation.--The court

24  may require a nonprofessional guardian and shall require a

25  professional or public guardian, and all employees of a

26  professional guardian who have a fiduciary responsibility to a

27  ward, to submit, at their own expense, to an investigation of

28  the guardian's credit history and to undergo level 2

29  background screening as required under s. 435.04. The clerk of

30  the court shall obtain fingerprint cards from the Federal

31  Bureau of Investigation and make them available to guardians.


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 1  Any guardian who is so required shall have his or her

 2  fingerprints taken and forward the proper fingerprint card

 3  along with the necessary fee to the Florida Department of Law

 4  Enforcement for processing. The professional guardian shall

 5  pay to the clerk of the court a fee of up to $7.50 for

 6  handling and processing professional guardian files. The

 7  results of the fingerprint checks shall be forwarded to the

 8  clerk of court who shall maintain the results in a guardian

 9  file and shall make the results available to the court. If

10  credit or criminal investigations are required, the court must

11  consider the results of the investigations in appointing a

12  guardian. Professional guardians and all employees of a

13  professional guardian who have a fiduciary responsibility to a

14  ward, so appointed, must resubmit, at their own expense, to an

15  investigation of credit history, and undergo level 1

16  background screening as required under s. 435.03, at least

17  every 2 years after the date of their appointment. At any

18  time, the court may require guardians or their employees to

19  submit to an investigation of credit history and undergo level

20  1 background screening as required under s. 435.03. The court

21  must consider the results of these investigations in

22  reappointing a guardian. This section shall not apply to a

23  professional guardian, or to the employees of a professional

24  guardian, that is a trust company, a state banking corporation

25  or state savings association authorized and qualified to

26  exercise fiduciary powers in this state, or a national banking

27  association or federal savings and loan association authorized

28  and qualified to exercise fiduciary powers in this state

29         Section 64.  For the purpose of incorporating the

30  amendment to sections 435.03 and 435.04, Florida Statutes, in

31  


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 1  references thereto, subsection (2) of section 985.04, Florida

 2  Statutes, is reenacted to read:

 3         985.04  Oaths; records; confidential information.--

 4         (2)  Records maintained by the Department of Juvenile

 5  Justice, including copies of records maintained by the court,

 6  which pertain to a child found to have committed a delinquent

 7  act which, if committed by an adult, would be a crime

 8  specified in ss. 435.03 and 435.04 may not be destroyed

 9  pursuant to this section for a period of 25 years after the

10  youth's final referral to the department, except in cases of

11  the death of the child. Such records, however, shall be sealed

12  by the court for use only in meeting the screening

13  requirements for personnel in s. 402.3055 and the other

14  sections cited above, or pursuant to departmental rule;

15  however, current criminal history information must be obtained

16  from the Department of Law Enforcement in accordance with s.

17  943.053. The information shall be released to those persons

18  specified in the above cited sections for the purposes of

19  complying with those sections. The court may punish by

20  contempt any person who releases or uses the records for any

21  unauthorized purpose.

22         Section 65.  For the purpose of incorporating the

23  amendment to section 435.03, Florida Statutes, in references

24  thereto, section 400.512, Florida Statutes, is reenacted to

25  read:

26         400.512  Screening of home health agency personnel;

27  nurse registry personnel; and companions and homemakers.--The

28  agency shall require employment or contractor screening as

29  provided in chapter 435, using the level 1 standards for

30  screening set forth in that chapter, for home health agency

31  personnel; persons referred for employment by nurse


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 1  registries; and persons employed by companion or homemaker

 2  services registered under s. 400.509.

 3         (1)(a)  The Agency for Health Care Administration may,

 4  upon request, grant exemptions from disqualification from

 5  employment or contracting under this section as provided in s.

 6  435.07, except for health care practitioners licensed by the

 7  Department of Health or a regulatory board within that

 8  department.

 9         (b)  The appropriate regulatory board within the

10  Department of Health, or that department itself when there is

11  no board, may, upon request of the licensed health care

12  practitioner, grant exemptions from disqualification from

13  employment or contracting under this section as provided in s.

14  435.07.

15         (2)  The administrator of each home health agency, the

16  managing employee of each nurse registry, and the managing

17  employee of each companion or homemaker service registered

18  under s. 400.509 must sign an affidavit annually, under

19  penalty of perjury, stating that all personnel hired,

20  contracted with, or registered on or after October 1, 1994,

21  who enter the home of a patient or client in their service

22  capacity have been screened and that its remaining personnel

23  have worked for the home health agency or registrant

24  continuously since before October 1, 1994.

25         (3)  As a prerequisite to operating as a home health

26  agency, nurse registry, or companion or homemaker service

27  under s. 400.509, the administrator or managing employee,

28  respectively, must submit to the agency his or her name and

29  any other information necessary to conduct a complete

30  screening according to this section. The agency shall submit

31  the information to the Department of Law Enforcement for state


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 1  processing. The agency shall review the record of the

 2  administrator or manager with respect to the offenses

 3  specified in this section and shall notify the owner of its

 4  findings. If disposition information is missing on a criminal

 5  record, the administrator or manager, upon request of the

 6  agency, must obtain and supply within 30 days the missing

 7  disposition information to the agency. Failure to supply

 8  missing information within 30 days or to show reasonable

 9  efforts to obtain such information will result in automatic

10  disqualification.

11         (4)  Proof of compliance with the screening

12  requirements of chapter 435 shall be accepted in lieu of the

13  requirements of this section if the person has been

14  continuously employed or registered without a breach in

15  service that exceeds 180 days, the proof of compliance is not

16  more than 2 years old, and the person has been screened by the

17  Department of Law Enforcement. A home health agency, nurse

18  registry, or companion or homemaker service registered under

19  s. 400.509 shall directly provide proof of compliance to

20  another home health agency, nurse registry, or companion or

21  homemaker service registered under s. 400.509. The recipient

22  home health agency, nurse registry, or companion or homemaker

23  service registered under s. 400.509 may not accept any proof

24  of compliance directly from the person who requires screening.

25  Proof of compliance with the screening requirements of this

26  section shall be provided upon request to the person screened

27  by the home health agencies; nurse registries; or companion or

28  homemaker services registered under s. 400.509.

29         (5)  There is no monetary liability on the part of, and

30  no cause of action for damages arises against, a licensed home

31  health agency, licensed nurse registry, or companion or


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 1  homemaker service registered under s. 400.509, that, upon

 2  notice that the employee or contractor has been found guilty

 3  of, regardless of adjudication, or entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under s.

 5  435.03 or under any similar statute of another jurisdiction,

 6  terminates the employee or contractor, whether or not the

 7  employee or contractor has filed for an exemption with the

 8  agency in accordance with chapter 435 and whether or not the

 9  time for filing has expired.

10         (6)  The costs of processing the statewide

11  correspondence criminal records checks must be borne by the

12  home health agency; the nurse registry; or the companion or

13  homemaker service registered under s. 400.509, or by the

14  person being screened, at the discretion of the home health

15  agency, nurse registry, or s. 400.509 registrant.

16         (7)(a)  It is a misdemeanor of the first degree,

17  punishable under s. 775.082 or s. 775.083, for any person

18  willfully, knowingly, or intentionally to:

19         1.  Fail, by false statement, misrepresentation,

20  impersonation, or other fraudulent means, to disclose in any

21  application for voluntary or paid employment a material fact

22  used in making a determination as to such person's

23  qualifications to be an employee under this section;

24         2.  Operate or attempt to operate an entity licensed or

25  registered under this part with persons who do not meet the

26  minimum standards for good moral character as contained in

27  this section; or

28         3.  Use information from the criminal records obtained

29  under this section for any purpose other than screening that

30  person for employment as specified in this section or release

31  


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 1  such information to any other person for any purpose other

 2  than screening for employment under this section.

 3         (b)  It is a felony of the third degree, punishable

 4  under s. 775.082, s. 775.083, or s. 775.084, for any person

 5  willfully, knowingly, or intentionally to use information from

 6  the juvenile records of a person obtained under this section

 7  for any purpose other than screening for employment under this

 8  section.

 9         Section 66.  For the purpose of incorporating the

10  amendment to section 435.03, Florida Statutes, in references

11  thereto, subsection (4) of section 400.619, Florida Statutes,

12  is reenacted to read:

13         400.619  Licensure application and renewal.--

14         (4)  Upon receipt of a completed license application or

15  license renewal, and the fee, the agency shall initiate a

16  level 1 background screening as provided under chapter 435 on

17  the adult family-care home provider, the designated relief

18  person, all adult household members, and all staff members.

19  The agency shall conduct an onsite visit to the home that is

20  to be licensed.

21         (a)  Proof of compliance with level 1 screening

22  standards which has been submitted within the previous 5 years

23  to meet any facility or professional licensure requirements of

24  the agency or the Department of Health satisfies the

25  requirements of this subsection. Such proof must be

26  accompanied, under penalty of perjury, by a copy of the

27  person's current professional license and an affidavit of

28  current compliance with the background screening requirements.

29         (b)  The person required to be screened must have been

30  continuously employed in the same type of occupation for which

31  the person is seeking employment without a breach in service


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 1  that exceeds 180 days, and proof of compliance with the level

 2  1 screening requirement which is no more than 2 years old must

 3  be provided. Proof of compliance shall be provided directly

 4  from one employer or contractor to another, and not from the

 5  person screened. Upon request, a copy of screening results

 6  shall be provided to the person screened by the employer

 7  retaining documentation of the screening.

 8         Section 67.  For the purpose of incorporating the

 9  amendment to section 435.03, Florida Statutes, in references

10  thereto, subsection (1) of section 400.6194, Florida Statutes,

11  is reenacted to read:

12         400.6194  Denial, revocation, or suspension of a

13  license.--The agency may deny, suspend, or revoke a license

14  for any of the following reasons:

15         (1)  Failure of any of the persons required to undergo

16  background screening under s. 400.619 to meet the level 1

17  screening standards of s. 435.03, unless an exemption from

18  disqualification has been provided by the agency.

19         Section 68.  For the purpose of incorporating the

20  amendment to section 435.03, Florida Statutes, in references

21  thereto, section 400.953, Florida Statutes, is reenacted to

22  read:

23         400.953  Background screening of home medical equipment

24  provider personnel.--The agency shall require employment

25  screening as provided in chapter 435, using the level 1

26  standards for screening set forth in that chapter, for home

27  medical equipment provider personnel.

28         (1)  The agency may grant exemptions from

29  disqualification from employment under this section as

30  provided in s. 435.07.

31  


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 1         (2)  The general manager of each home medical equipment

 2  provider must sign an affidavit annually, under penalty of

 3  perjury, stating that all home medical equipment provider

 4  personnel hired on or after July 1, 1999, who enter the home

 5  of a patient in the capacity of their employment have been

 6  screened and that its remaining personnel have worked for the

 7  home medical equipment provider continuously since before July

 8  1, 1999.

 9         (3)  Proof of compliance with the screening

10  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

11  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

12  985.407 or this part must be accepted in lieu of the

13  requirements of this section if the person has been

14  continuously employed in the same type of occupation for which

15  he or she is seeking employment without a breach in service

16  that exceeds 180 days, the proof of compliance is not more

17  than 2 years old, and the person has been screened by the

18  Department of Law Enforcement. An employer or contractor shall

19  directly provide proof of compliance to another employer or

20  contractor, and a potential employer or contractor may not

21  accept any proof of compliance directly from the person

22  requiring screening. Proof of compliance with the screening

23  requirements of this section shall be provided, upon request,

24  to the person screened by the home medical equipment provider.

25         (4)  There is no monetary liability on the part of, and

26  no cause of action for damages arising against, a licensed

27  home medical equipment provider that, upon notice that an

28  employee has been found guilty of, regardless of adjudication,

29  or entered a plea of nolo contendere or guilty to, any offense

30  prohibited under s. 435.03 or under any similar statute of

31  another jurisdiction, terminates the employee, whether or not


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 1  the employee has filed for an exemption with the agency and

 2  whether or not the time for filing has expired.

 3         (5)  The costs of processing the statewide

 4  correspondence criminal records checks must be borne by the

 5  home medical equipment provider or by the person being

 6  screened, at the discretion of the home medical equipment

 7  provider.

 8         (6)  Neither the agency nor the home medical equipment

 9  provider may use the criminal records or juvenile records of a

10  person for any purpose other than determining whether that

11  person meets minimum standards of good moral character for

12  home medical equipment provider personnel.

13         (7)(a)  It is a misdemeanor of the first degree,

14  punishable as provided in s. 775.082 or s. 775.083, for any

15  person willfully, knowingly, or intentionally to:

16         1.  Fail, by false statement, misrepresentation,

17  impersonation, or other fraudulent means, to disclose in any

18  application for paid employment a material fact used in making

19  a determination as to the person's qualifications to be an

20  employee under this section;

21         2.  Operate or attempt to operate an entity licensed

22  under this part with persons who do not meet the minimum

23  standards for good moral character as contained in this

24  section; or

25         3.  Use information from the criminal records obtained

26  under this section for any purpose other than screening that

27  person for employment as specified in this section, or release

28  such information to any other person for any purpose other

29  than screening for employment under this section.

30         (b)  It is a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084, for any


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 1  person willfully, knowingly, or intentionally to use

 2  information from the juvenile records of a person obtained

 3  under this section for any purpose other than screening for

 4  employment under this section.

 5         Section 69.  For the purpose of incorporating the

 6  amendment to section 435.03, Florida Statutes, in references

 7  thereto, subsection (32) of section 409.912, Florida Statutes,

 8  is reenacted to read:

 9         409.912  Cost-effective purchasing of health care.--The

10  agency shall purchase goods and services for Medicaid

11  recipients in the most cost-effective manner consistent with

12  the delivery of quality medical care. The agency shall

13  maximize the use of prepaid per capita and prepaid aggregate

14  fixed-sum basis services when appropriate and other

15  alternative service delivery and reimbursement methodologies,

16  including competitive bidding pursuant to s. 287.057, designed

17  to facilitate the cost-effective purchase of a case-managed

18  continuum of care. The agency shall also require providers to

19  minimize the exposure of recipients to the need for acute

20  inpatient, custodial, and other institutional care and the

21  inappropriate or unnecessary use of high-cost services. The

22  agency may establish prior authorization requirements for

23  certain populations of Medicaid beneficiaries, certain drug

24  classes, or particular drugs to prevent fraud, abuse, overuse,

25  and possible dangerous drug interactions. The Pharmaceutical

26  and Therapeutics Committee shall make recommendations to the

27  agency on drugs for which prior authorization is required. The

28  agency shall inform the Pharmaceutical and Therapeutics

29  Committee of its decisions regarding drugs subject to prior

30  authorization.

31  


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 1         (32)  Each managed care plan that is under contract

 2  with the agency to provide health care services to Medicaid

 3  recipients shall annually conduct a background check with the

 4  Florida Department of Law Enforcement of all persons with

 5  ownership interest of 5 percent or more or executive

 6  management responsibility for the managed care plan and shall

 7  submit to the agency information concerning any such person

 8  who has been found guilty of, regardless of adjudication, or

 9  has entered a plea of nolo contendere or guilty to, any of the

10  offenses listed in s. 435.03.

11         Section 70.  For the purpose of incorporating the

12  amendment to section 435.03, Florida Statutes, in references

13  thereto, subsection (4) of section 435.07, Florida Statutes,

14  is reenacted to read:

15         435.07  Exemptions from disqualification.--Unless

16  otherwise provided by law, the provisions of this section

17  shall apply to exemptions from disqualification.

18         (4)  Disqualification from employment under subsection

19  (1) may not be removed from, nor may an exemption be granted

20  to, any personnel who is found guilty of, regardless of

21  adjudication, or who has entered a plea of nolo contendere or

22  guilty to, any felony covered by s. 435.03 solely by reason of

23  any pardon, executive clemency, or restoration of civil

24  rights.

25         Section 71.  For the purpose of incorporating the

26  amendment to section 435.03, Florida Statutes, in references

27  thereto, paragraph (e) of subsection (1) of section 464.018,

28  Florida Statutes, is reenacted to read:

29         464.018  Disciplinary actions.--

30  

31  


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 1         (1)  The following acts constitute grounds for denial

 2  of a license or disciplinary action, as specified in s.

 3  456.072(2):

 4         (e)  Having been found guilty of, regardless of

 5  adjudication, or entered a plea of nolo contendere or guilty

 6  to, any offense prohibited under s. 435.03 or under any

 7  similar statute of another jurisdiction; or having committed

 8  an act which constitutes domestic violence as defined in s.

 9  741.28.

10         Section 72.  For the purpose of incorporating the

11  amendment to section 435.03, Florida Statutes, in references

12  thereto, subsection (3) of section 744.309, Florida Statutes,

13  is reenacted to read:

14         744.309  Who may be appointed guardian of a resident

15  ward.--

16         (3)  DISQUALIFIED PERSONS.--No person who has been

17  convicted of a felony or who, from any incapacity or illness,

18  is incapable of discharging the duties of a guardian, or who

19  is otherwise unsuitable to perform the duties of a guardian,

20  shall be appointed to act as guardian. Further, no person who

21  has been judicially determined to have committed abuse,

22  abandonment, or neglect against a child as defined in s. 39.01

23  or s. 984.03(1), (2), and (37), or who has been found guilty

24  of, regardless of adjudication, or entered a plea of nolo

25  contendere or guilty to, any offense prohibited under s.

26  435.03 or under any similar statute of another jurisdiction,

27  shall be appointed to act as a guardian. Except as provided in

28  subsection (5) or subsection (6), a person who provides

29  substantial services to the proposed ward in a professional or

30  business capacity, or a creditor of the proposed ward, may not

31  be appointed guardian and retain that previous professional or


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 1  business relationship. A person may not be appointed a

 2  guardian if he or she is in the employ of any person, agency,

 3  government, or corporation that provides service to the

 4  proposed ward in a professional or business capacity, except

 5  that a person so employed may be appointed if he or she is the

 6  spouse, adult child, parent, or sibling of the proposed ward

 7  or the court determines that the potential conflict of

 8  interest is insubstantial and that the appointment would

 9  clearly be in the proposed ward's best interest. The court may

10  not appoint a guardian in any other circumstance in which a

11  conflict of interest may occur.

12         Section 73.  For the purpose of incorporating the

13  amendment to section 435.03, Florida Statutes, in references

14  thereto, subsection (12) of section 744.474, Florida Statutes,

15  is reenacted to read:

16         744.474  Reasons for removal of guardian.--A guardian

17  may be removed for any of the following reasons, and the

18  removal shall be in addition to any other penalties prescribed

19  by law:

20         (12)  Having been found guilty of, regardless of

21  adjudication, or entered a plea of nolo contendere or guilty

22  to, any offense prohibited under s. 435.03 or under any

23  similar statute of another jurisdiction.

24         Section 74.  For the purpose of incorporating the

25  amendment to section 435.03, Florida Statutes, in references

26  thereto, subsection (4) of section 985.407, Florida Statutes,

27  is reenacted to read:

28         985.407  Departmental contracting powers; personnel

29  standards and screening.--

30         (4)  The department shall require employment screening

31  pursuant to chapter 435, using the level 1 standards for


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 1  screening set forth in that chapter, for personnel in

 2  delinquency facilities, services, and programs.

 3         Section 75.  For the purpose of incorporating the

 4  amendment to section 435.04, Florida Statutes, in references

 5  thereto, paragraph (b) of subsection (2) of section 39.001,

 6  Florida Statutes, is reenacted to read:

 7         39.001  Purposes and intent; personnel standards and

 8  screening.--

 9         (2)  DEPARTMENT CONTRACTS.--The department may contract

10  with the Federal Government, other state departments and

11  agencies, county and municipal governments and agencies,

12  public and private agencies, and private individuals and

13  corporations in carrying out the purposes of, and the

14  responsibilities established in, this chapter.

15         (b)  The department shall require employment screening,

16  and rescreening no less frequently than once every 5 years,

17  pursuant to chapter 435, using the level 2 standards set forth

18  in that chapter for personnel in programs for children or

19  youths.

20         Section 76.  For the purpose of incorporating the

21  amendment to section 435.04, Florida Statutes, in references

22  thereto, subsection (1) of section 39.821, Florida Statutes,

23  is reenacted to read:

24         39.821  Qualifications of guardians ad litem.--

25         (1)  Because of the special trust or responsibility

26  placed in a guardian ad litem, the Guardian Ad Litem Program

27  may use any private funds collected by the program, or any

28  state funds so designated, to conduct a security background

29  investigation before certifying a volunteer to serve. A

30  security background investigation must include, but need not

31  be limited to, employment history checks, checks of


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 1  references, local criminal records checks through local law

 2  enforcement agencies, and statewide criminal records checks

 3  through the Department of Law Enforcement. Upon request, an

 4  employer shall furnish a copy of the personnel record for the

 5  employee or former employee who is the subject of a security

 6  background investigation conducted under this section. The

 7  information contained in the personnel record may include, but

 8  need not be limited to, disciplinary matters and the reason

 9  why the employee was terminated from employment. An employer

10  who releases a personnel record for purposes of a security

11  background investigation is presumed to have acted in good

12  faith and is not liable for information contained in the

13  record without a showing that the employer maliciously

14  falsified the record. A security background investigation

15  conducted under this section must ensure that a person is not

16  certified as a guardian ad litem if the person has been

17  convicted of, regardless of adjudication, or entered a plea of

18  nolo contendere or guilty to, any offense prohibited under the

19  provisions of the Florida Statutes specified in s. 435.04(2)

20  or under any similar law in another jurisdiction. Before

21  certifying an applicant to serve as a guardian ad litem, the

22  chief judge of the circuit court may request a federal

23  criminal records check of the applicant through the Federal

24  Bureau of Investigation. In analyzing and evaluating the

25  information obtained in the security background investigation,

26  the program must give particular emphasis to past activities

27  involving children, including, but not limited to,

28  child-related criminal offenses or child abuse. The program

29  has the sole discretion in determining whether to certify a

30  person based on his or her security background investigation.

31  


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 1  The information collected pursuant to the security background

 2  investigation is confidential and exempt from s. 119.07(1).

 3         Section 77.  For the purpose of incorporating the

 4  amendment to section 435.04, Florida Statutes, in references

 5  thereto, paragraphs (a) and (c) of subsection (3) of section

 6  110.1127, Florida Statutes, are reenacted to read:

 7         110.1127  Employee security checks.--

 8         (3)(a)  All positions in programs providing care to

 9  children, the developmentally disabled, or vulnerable adults

10  for 15 hours or more per week; all permanent and temporary

11  employee positions of the central abuse hotline; and all

12  persons working under contract who have access to abuse

13  records are deemed to be persons and positions of special

14  trust or responsibility, and require employment screening

15  pursuant to chapter 435, using the level 2 standards set forth

16  in that chapter.

17         (c)  All persons and employees in such positions of

18  trust or responsibility shall be required to undergo security

19  background investigations as a condition of employment and

20  continued employment. For the purposes of this subsection,

21  security background investigations shall be conducted as

22  provided in chapter 435, using the level 2 standards for

23  screening set forth in that chapter.

24         Section 78.  For the purpose of incorporating the

25  amendment to section 435.04, Florida Statutes, in references

26  thereto, paragraph (a) of subsection (12) of section 112.0455,

27  Florida Statutes, is reenacted to read:

28         112.0455  Drug-Free Workplace Act.--

29         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

30         (a)  A laboratory may analyze initial or confirmation

31  drug specimens only if:


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 1         1.  The laboratory is licensed and approved by the

 2  Agency for Health Care Administration using criteria

 3  established by the United States Department of Health and

 4  Human Services as general guidelines for modeling the state

 5  drug testing program. Each applicant for licensure must comply

 6  with the following requirements:

 7         a.  Upon receipt of a completed, signed, and dated

 8  application, the agency shall require background screening, in

 9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee, or other similarly

11  titled individual responsible for the daily operation of the

12  laboratory, and of the financial officer, or other similarly

13  titled individual who is responsible for the financial

14  operation of the laboratory, including billings for services.

15  The applicant must comply with the procedures for level 2

16  background screening as set forth in chapter 435, as well as

17  the requirements of s. 435.03(3).

18         b.  The agency may require background screening of any

19  other individual who is an applicant if the agency has

20  probable cause to believe that he or she has been convicted of

21  an offense prohibited under the level 2 standards for

22  screening set forth in chapter 435.

23         c.  Proof of compliance with the level 2 background

24  screening requirements of chapter 435 which has been submitted

25  within the previous 5 years in compliance with any other

26  health care licensure requirements of this state is acceptable

27  in fulfillment of screening requirements.

28         d.  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  Department of Law Enforcement background check, but the agency


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 1  has not yet received background screening results from the

 2  Federal Bureau of Investigation, or a request for a

 3  disqualification exemption has been submitted to the agency as

 4  set forth in chapter 435, but a response has not yet been

 5  issued. A license may be granted to the applicant upon the

 6  agency's receipt of a report of the results of the Federal

 7  Bureau of Investigation background screening for each

 8  individual required by this section to undergo background

 9  screening which confirms that all standards have been met, or

10  upon the granting of a disqualification exemption by the

11  agency as set forth in chapter 435. Any other person who is

12  required to undergo level 2 background screening may serve in

13  his or her capacity pending the agency's receipt of the report

14  from the Federal Bureau of Investigation. However, the person

15  may not continue to serve if the report indicates any

16  violation of background screening standards and a

17  disqualification exemption has not been requested of and

18  granted by the agency as set forth in chapter 435.

19         e.  Each applicant must submit to the agency, with its

20  application, a description and explanation of any exclusions,

21  permanent suspensions, or terminations of the applicant from

22  the Medicare or Medicaid programs. Proof of compliance with

23  the requirements for disclosure of ownership and control

24  interests under the Medicaid or Medicare programs shall be

25  accepted in lieu of this submission.

26         f.  Each applicant must submit to the agency a

27  description and explanation of any conviction of an offense

28  prohibited under the level 2 standards of chapter 435 by a

29  member of the board of directors of the applicant, its

30  officers, or any individual owning 5 percent or more of the

31  applicant. This requirement does not apply to a director of a


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 1  not-for-profit corporation or organization if the director

 2  serves solely in a voluntary capacity for the corporation or

 3  organization, does not regularly take part in the day-to-day

 4  operational decisions of the corporation or organization,

 5  receives no remuneration for his or her services on the

 6  corporation or organization's board of directors, and has no

 7  financial interest and has no family members with a financial

 8  interest in the corporation or organization, provided that the

 9  director and the not-for-profit corporation or organization

10  include in the application a statement affirming that the

11  director's relationship to the corporation satisfies the

12  requirements of this sub-subparagraph.

13         g.  A license may not be granted to any applicant if

14  the applicant or managing employee has been found guilty of,

15  regardless of adjudication, or has entered a plea of nolo

16  contendere or guilty to, any offense prohibited under the

17  level 2 standards for screening set forth in chapter 435,

18  unless an exemption from disqualification has been granted by

19  the agency as set forth in chapter 435.

20         h.  The agency may deny or revoke licensure if the

21  applicant:

22         (I)  Has falsely represented a material fact in the

23  application required by sub-subparagraph e. or

24  sub-subparagraph f., or has omitted any material fact from the

25  application required by sub-subparagraph e. or

26  sub-subparagraph f.; or

27         (II)  Has had prior action taken against the applicant

28  under the Medicaid or Medicare program as set forth in

29  sub-subparagraph e.

30         i.  An application for license renewal must contain the

31  information required under sub-subparagraphs e. and f.


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 1         2.  The laboratory has written procedures to ensure

 2  chain of custody.

 3         3.  The laboratory follows proper quality control

 4  procedures, including, but not limited to:

 5         a.  The use of internal quality controls including the

 6  use of samples of known concentrations which are used to check

 7  the performance and calibration of testing equipment, and

 8  periodic use of blind samples for overall accuracy.

 9         b.  An internal review and certification process for

10  drug test results, conducted by a person qualified to perform

11  that function in the testing laboratory.

12         c.  Security measures implemented by the testing

13  laboratory to preclude adulteration of specimens and drug test

14  results.

15         d.  Other necessary and proper actions taken to ensure

16  reliable and accurate drug test results.

17         Section 79.  For the purpose of incorporating the

18  amendment to section 435.04, Florida Statutes, in references

19  thereto, subsections (1), (2), and (4) of section 381.0059,

20  Florida Statutes, are reenacted to read:

21         381.0059  Background screening requirements for school

22  health services personnel.--

23         (1)  Pursuant to the provisions of chapter 435, any

24  person who provides services under a school health services

25  plan pursuant to s. 381.0056 must meet level 2 screening

26  requirements as described in s. 435.04. A person may satisfy

27  the requirements of this subsection by submitting proof of

28  compliance with the requirements of level 2 screening

29  conducted within 12 months before the date that person

30  initially provides services under a school health services

31  plan.


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 1         (2)  A person may provide services under a school

 2  health services plan pursuant to s. 381.0056 prior to the

 3  completion of level 2 screening. However, pending the results

 4  of the screening, such person may not be alone with a minor.

 5         (4)  Under penalty of perjury, each person who provides

 6  services under a school health plan pursuant to s. 381.0056

 7  must attest to meeting the level 2 screening requirements for

 8  participation under the plan and agree to inform his or her

 9  employer immediately if convicted of any disqualifying offense

10  while providing services under a plan.

11         Section 80.  For the purpose of incorporating the

12  amendment to section 435.04, Florida Statutes, in references

13  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

14  subsection (1) of section 381.60225, Florida Statutes, are

15  reenacted to read:

16         381.60225  Background screening.--

17         (1)  Each applicant for certification must comply with

18  the following requirements:

19         (a)  Upon receipt of a completed, signed, and dated

20  application, the Agency for Health Care Administration shall

21  require background screening, in accordance with the level 2

22  standards for screening set forth in chapter 435, of the

23  managing employee, or other similarly titled individual

24  responsible for the daily operation of the organization,

25  agency, or entity, and financial officer, or other similarly

26  titled individual who is responsible for the financial

27  operation of the organization, agency, or entity, including

28  billings for services. The applicant must comply with the

29  procedures for level 2 background screening as set forth in

30  chapter 435, as well as the requirements of s. 435.03(3).

31  


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 1         (b)  The Agency for Health Care Administration may

 2  require background screening of any other individual who is an

 3  applicant if the Agency for Health Care Administration has

 4  probable cause to believe that he or she has been convicted of

 5  a crime or has committed any other offense prohibited under

 6  the level 2 standards for screening set forth in chapter 435.

 7         (c)  Proof of compliance with the level 2 background

 8  screening requirements of chapter 435 which has been submitted

 9  within the previous 5 years in compliance with any other

10  health care licensure requirements of this state is acceptable

11  in fulfillment of the requirements of paragraph (a).

12         (d)  A provisional certification may be granted to the

13  organization, agency, or entity when each individual required

14  by this section to undergo background screening has met the

15  standards for the Department of Law Enforcement background

16  check, but the agency has not yet received background

17  screening results from the Federal Bureau of Investigation, or

18  a request for a disqualification exemption has been submitted

19  to the agency as set forth in chapter 435, but a response has

20  not yet been issued. A standard certification may be granted

21  to the organization, agency, or entity upon the agency's

22  receipt of a report of the results of the Federal Bureau of

23  Investigation background screening for each individual

24  required by this section to undergo background screening which

25  confirms that all standards have been met, or upon the

26  granting of a disqualification exemption by the agency as set

27  forth in chapter 435. Any other person who is required to

28  undergo level 2 background screening may serve in his or her

29  capacity pending the agency's receipt of the report from the

30  Federal Bureau of Investigation. However, the person may not

31  continue to serve if the report indicates any violation of


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    CS for CS for SB 1280                          First Engrossed



 1  background screening standards and a disqualification

 2  exemption has not been requested of and granted by the agency

 3  as set forth in chapter 435.

 4         (f)  Each applicant must submit to the agency a

 5  description and explanation of any conviction of an offense

 6  prohibited under the level 2 standards of chapter 435 by a

 7  member of the board of directors of the applicant, its

 8  officers, or any individual owning 5 percent or more of the

 9  applicant. This requirement does not apply to a director of a

10  not-for-profit corporation or organization if the director

11  serves solely in a voluntary capacity for the corporation or

12  organization, does not regularly take part in the day-to-day

13  operational decisions of the corporation or organization,

14  receives no remuneration for his or her services on the

15  corporation or organization's board of directors, and has no

16  financial interest and has no family members with a financial

17  interest in the corporation or organization, provided that the

18  director and the not-for-profit corporation or organization

19  include in the application a statement affirming that the

20  director's relationship to the corporation satisfies the

21  requirements of this paragraph.

22         (g)  The agency may not certify any organization,

23  agency, or entity if any applicant or managing employee has

24  been found guilty of, regardless of adjudication, or has

25  entered a plea of nolo contendere or guilty to, any offense

26  prohibited under the level 2 standards for screening set forth

27  in chapter 435, unless an exemption from disqualification has

28  been granted by the agency as set forth in chapter 435.

29         Section 81.  For the purpose of incorporating the

30  amendment to section 435.04, Florida Statutes, in references

31  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of


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    CS for CS for SB 1280                          First Engrossed



 1  subsection (7) of section 383.305, Florida Statutes, are

 2  reenacted to read:

 3         383.305  Licensure; issuance, renewal, denial,

 4  suspension, revocation; fees; background screening.--

 5         (7)  Each applicant for licensure must comply with the

 6  following requirements:

 7         (a)  Upon receipt of a completed, signed, and dated

 8  application, the agency shall require background screening, in

 9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee, or other similarly

11  titled individual who is responsible for the daily operation

12  of the center, and of the financial officer, or other

13  similarly titled individual who is responsible for the

14  financial operation of the center, including billings for

15  patient care and services. The applicant must comply with the

16  procedures for level 2 background screening as set forth in

17  chapter 435 as well as the requirements of s. 435.03(3).

18         (b)  The agency may require background screening of any

19  other individual who is an applicant if the agency has

20  probable cause to believe that he or she has been convicted of

21  a crime or has committed any other offense prohibited under

22  the level 2 standards for screening set forth in chapter 435.

23         (c)  Proof of compliance with the level 2 background

24  screening requirements of chapter 435 which has been submitted

25  within the previous 5 years in compliance with any other

26  health care licensure requirements of this state is acceptable

27  in fulfillment of the requirements of paragraph (a).

28         (d)  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  Department of Law Enforcement background check, but the agency


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    CS for CS for SB 1280                          First Engrossed



 1  has not yet received background screening results from the

 2  Federal Bureau of Investigation, or a request for a

 3  disqualification exemption has been submitted to the agency as

 4  set forth in chapter 435 but a response has not yet been

 5  issued. A standard license may be granted to the applicant

 6  upon the agency's receipt of a report of the results of the

 7  Federal Bureau of Investigation background screening for each

 8  individual required by this section to undergo background

 9  screening which confirms that all standards have been met, or

10  upon the granting of a disqualification exemption by the

11  agency as set forth in chapter 435. Any other person who is

12  required to undergo level 2 background screening may serve in

13  his or her capacity pending the agency's receipt of the report

14  from the Federal Bureau of Investigation. However, the person

15  may not continue to serve if the report indicates any

16  violation of background screening standards and a

17  disqualification exemption has not been requested of and

18  granted by the agency as set forth in chapter 435.

19         (f)  Each applicant must submit to the agency a

20  description and explanation of any conviction of an offense

21  prohibited under the level 2 standards of chapter 435 by a

22  member of the board of directors of the applicant, its

23  officers, or any individual owning 5 percent or more of the

24  applicant. This requirement does not apply to a director of a

25  not-for-profit corporation or organization if the director

26  serves solely in a voluntary capacity for the corporation or

27  organization, does not regularly take part in the day-to-day

28  operational decisions of the corporation or organization,

29  receives no remuneration for his or her services on the

30  corporation or organization's board of directors, and has no

31  financial interest and has no family members with a financial


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    CS for CS for SB 1280                          First Engrossed



 1  interest in the corporation or organization, provided that the

 2  director and the not-for-profit corporation or organization

 3  include in the application a statement affirming that the

 4  director's relationship to the corporation satisfies the

 5  requirements of this paragraph.

 6         (g)  A license may not be granted to an applicant if

 7  the applicant or managing employee has been found guilty of,

 8  regardless of adjudication, or has entered a plea of nolo

 9  contendere or guilty to, any offense prohibited under the

10  level 2 standards for screening set forth in chapter 435,

11  unless an exemption from disqualification has been granted by

12  the agency as set forth in chapter 435.

13         Section 82.  For the purpose of incorporating the

14  amendment to section 435.04, Florida Statutes, in references

15  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

16  subsection (3) of section 390.015, Florida Statutes, are

17  reenacted to read:

18         390.015  Application for license.--

19         (3)  Each applicant for licensure must comply with the

20  following requirements:

21         (a)  Upon receipt of a completed, signed, and dated

22  application, the agency shall require background screening, in

23  accordance with the level 2 standards for screening set forth

24  in chapter 435, of the managing employee, or other similarly

25  titled individual who is responsible for the daily operation

26  of the clinic, and financial officer, or other similarly

27  titled individual who is responsible for the financial

28  operation of the clinic, including billings for patient care

29  and services. The applicant must comply with the procedures

30  for level 2 background screening as set forth in chapter 435,

31  as well as the requirements of s. 435.03(3).


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    CS for CS for SB 1280                          First Engrossed



 1         (b)  The agency may require background screening of any

 2  other individual who is an applicant if the agency has

 3  probable cause to believe that he or she has been convicted of

 4  a crime or has committed any other offense prohibited under

 5  the level 2 standards for screening set forth in chapter 435.

 6         (c)  Proof of compliance with the level 2 background

 7  screening requirements of chapter 435 which has been submitted

 8  within the previous 5 years in compliance with any other

 9  health care licensure requirements of this state is acceptable

10  in fulfillment of the requirements of paragraph (a).

11         (d)  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  Department of Law Enforcement background check, but the agency

15  has not yet received background screening results from the

16  Federal Bureau of Investigation, or a request for a

17  disqualification exemption has been submitted to the agency as

18  set forth in chapter 435 but a response has not yet been

19  issued. A standard license may be granted to the applicant

20  upon the agency's receipt of a report of the results of the

21  Federal Bureau of Investigation background screening for each

22  individual required by this section to undergo background

23  screening which confirms that all standards have been met, or

24  upon the granting of a disqualification exemption by the

25  agency as set forth in chapter 435. Any other person who is

26  required to undergo level 2 background screening may serve in

27  his or her capacity pending the agency's receipt of the report

28  from the Federal Bureau of Investigation. However, the person

29  may not continue to serve if the report indicates any

30  violation of background screening standards and a

31  


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    CS for CS for SB 1280                          First Engrossed



 1  disqualification exemption has not been requested of and

 2  granted by the agency as set forth in chapter 435.

 3         (f)  Each applicant must submit to the agency a

 4  description and explanation of any conviction of an offense

 5  prohibited under the level 2 standards of chapter 435 by a

 6  member of the board of directors of the applicant, its

 7  officers, or any individual owning 5 percent or more of the

 8  applicant. This requirement does not apply to a director of a

 9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  A license may not be granted to an applicant if

22  the applicant or managing employee has been found guilty of,

23  regardless of adjudication, or has entered a plea of nolo

24  contendere or guilty to, any offense prohibited under the

25  level 2 standards for screening set forth in chapter 435,

26  unless an exemption from disqualification has been granted by

27  the agency as set forth in chapter 435.

28         Section 83.  Paragraph (a) of subsection (1) of section

29  394.4572, Florida Statutes, is amended to read:

30         394.4572  Screening of mental health personnel.--

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (1)(a)  The department and the Agency for Health Care

 2  Administration shall require employment screening for mental

 3  health personnel using the standards for level 2 screening set

 4  forth in chapter 435. "Mental health personnel" includes all

 5  program directors, professional clinicians, staff members, and

 6  volunteers working in public or private mental health programs

 7  and facilities who have direct contact with unmarried patients

 8  under the age of 18 years. For the purpose of this chapter,

 9  employment screening of mental health personnel also includes,

10  but is not limited to, employment history checks as provided

11  in chapter 435.

12         Section 84.  For the purpose of incorporating the

13  amendment to section 435.04, Florida Statutes, in references

14  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

15  subsection (13) of section 394.875, Florida Statutes, are

16  reenacted to read:

17         394.875  Crisis stabilization units, residential

18  treatment facilities, and residential treatment centers for

19  children and adolescents; authorized services; license

20  required; penalties.--

21         (13)  Each applicant for licensure must comply with the

22  following requirements:

23         (a)  Upon receipt of a completed, signed, and dated

24  application, the agency shall require background screening, in

25  accordance with the level 2 standards for screening set forth

26  in chapter 435, of the managing employee and financial

27  officer, or other similarly titled individual who is

28  responsible for the financial operation of the facility,

29  including billings for client care and services. The applicant

30  must comply with the procedures for level 2 background

31  


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    CS for CS for SB 1280                          First Engrossed



 1  screening as set forth in chapter 435, as well as the

 2  requirements of s. 435.03(3).

 3         (b)  The agency may require background screening of any

 4  other individual who is an applicant if the agency has

 5  probable cause to believe that he or she has been convicted of

 6  a crime or has committed any other offense prohibited under

 7  the level 2 standards for screening set forth in chapter 435.

 8         (c)  Proof of compliance with the level 2 background

 9  screening requirements of chapter 435 which has been submitted

10  within the previous 5 years in compliance with any other

11  health care licensure requirements of this state is acceptable

12  in fulfillment of the requirements of paragraph (a).

13         (d)  A provisional license may be granted to an

14  applicant when each individual required by this section to

15  undergo background screening has met the standards for the

16  Department of Law Enforcement background check, but the agency

17  has not yet received background screening results from the

18  Federal Bureau of Investigation, or a request for a

19  disqualification exemption has been submitted to the agency as

20  set forth in chapter 435, but a response has not yet been

21  issued. A standard license may be granted to the applicant

22  upon the agency's receipt of a report of the results of the

23  Federal Bureau of Investigation background screening for each

24  individual required by this section to undergo background

25  screening which confirms that all standards have been met, or

26  upon the granting of a disqualification exemption by the

27  agency as set forth in chapter 435. Any other person who is

28  required to undergo level 2 background screening may serve in

29  his or her capacity pending the agency's receipt of the report

30  from the Federal Bureau of Investigation. However, the person

31  may not continue to serve if the report indicates any


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    CS for CS for SB 1280                          First Engrossed



 1  violation of background screening standards and a

 2  disqualification exemption has not been requested of and

 3  granted by the agency as set forth in chapter 435.

 4         (f)  Each applicant must submit to the agency a

 5  description and explanation of any conviction of an offense

 6  prohibited under the level 2 standards of chapter 435 by a

 7  member of the board of directors of the applicant, its

 8  officers, or any individual owning 5 percent or more of the

 9  applicant. This requirement does not apply to a director of a

10  not-for-profit corporation or organization if the director

11  serves solely in a voluntary capacity for the corporation or

12  organization, does not regularly take part in the day-to-day

13  operational decisions of the corporation or organization,

14  receives no remuneration for his or her services on the

15  corporation or organization's board of directors, and has no

16  financial interest and has no family members with a financial

17  interest in the corporation or organization, provided that the

18  director and the not-for-profit corporation or organization

19  include in the application a statement affirming that the

20  director's relationship to the corporation satisfies the

21  requirements of this paragraph.

22         (g)  A license may not be granted to an applicant if

23  the applicant or managing employee has been found guilty of,

24  regardless of adjudication, or has entered a plea of nolo

25  contendere or guilty to, any offense prohibited under the

26  level 2 standards for screening set forth in chapter 435,

27  unless an exemption from disqualification has been granted by

28  the agency as set forth in chapter 435.

29         Section 85.  For the purpose of incorporating the

30  amendment to section 435.04, Florida Statutes, in references

31  


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    CS for CS for SB 1280                          First Engrossed



 1  thereto, subsections (1), (2), (3), (4), (6), and (8) of

 2  section 395.0055, Florida Statutes, are reenacted to read:

 3         395.0055  Background screening.--Each applicant for

 4  licensure must comply with the following requirements:

 5         (1)  Upon receipt of a completed, signed, and dated

 6  application, the agency shall require background screening of

 7  the managing employee in accordance with the level 2 standards

 8  for screening set forth in chapter 435, as well as the

 9  requirements of s. 435.03(3).

10         (2)  The agency may require background screening for a

11  member of the board of directors of the licensee, or an

12  officer or an individual owning 5 percent or more of the

13  licensee, if the agency has probable cause to believe that

14  such individual has been convicted of an offense prohibited

15  under the level 2 standards for screening set forth in chapter

16  435.

17         (3)  Proof of compliance with the level 2 background

18  screening requirements of chapter 435 which has been submitted

19  within the previous 5 years in compliance with any other

20  health care licensure requirements of this state is acceptable

21  in fulfillment of subsection (1).

22         (4)  A provisional license may be granted to an

23  applicant when each individual required by this section to

24  undergo background screening has met the standards for the

25  Department of Law Enforcement background check, but the agency

26  has not yet received background screening results from the

27  Federal Bureau of Investigation, or a request for a

28  disqualification exemption has been submitted to the agency as

29  set forth in chapter 435 but a response has not yet been

30  issued. A standard license may be granted to the applicant

31  upon the agency's receipt of a report of the results of the


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    CS for CS for SB 1280                          First Engrossed



 1  Federal Bureau of Investigation background screening for each

 2  individual required by this section to undergo background

 3  screening which confirms that all standards have been met, or

 4  upon the granting of a disqualification exemption by the

 5  agency as set forth in chapter 435. Any other person who is

 6  required to undergo level 2 background screening may serve in

 7  his or her capacity pending the agency's receipt of the report

 8  from the Federal Bureau of Investigation; however, the person

 9  may not continue to serve if the report indicates any

10  violation of background screening standards and a

11  disqualification exemption has not been requested of and

12  granted by the agency as set forth in chapter 435.

13         (6)  Each applicant must submit to the agency a

14  description and explanation of any conviction of an offense

15  prohibited under the level 2 standards of chapter 435 by a

16  member of the board of directors of the applicant, its

17  officers, or any individual owning 5 percent or more of the

18  applicant.

19         (8)  A license may not be granted to an applicant if

20  the applicant or managing employee has been found guilty of,

21  regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         Section 86.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

29  subsection (4) of section 395.0199, Florida Statutes, are

30  reenacted to read:

31         395.0199  Private utilization review.--


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    CS for CS for SB 1280                          First Engrossed



 1         (4)  Each applicant for registration must comply with

 2  the following requirements:

 3         (a)  Upon receipt of a completed, signed, and dated

 4  application, the agency shall require background screening, in

 5  accordance with the level 2 standards for screening set forth

 6  in chapter 435, of the managing employee or other similarly

 7  titled individual who is responsible for the operation of the

 8  entity. The applicant must comply with the procedures for

 9  level 2 background screening as set forth in chapter 435, as

10  well as the requirements of s. 435.03(3).

11         (b)  The agency may require background screening of any

12  other individual who is an applicant, if the agency has

13  probable cause to believe that he or she has been convicted of

14  a crime or has committed any other offense prohibited under

15  the level 2 standards for screening set forth in chapter 435.

16         (c)  Proof of compliance with the level 2 background

17  screening requirements of chapter 435 which has been submitted

18  within the previous 5 years in compliance with any other

19  health care licensure requirements of this state is acceptable

20  in fulfillment of the requirements of paragraph (a).

21         (d)  A provisional registration may be granted to an

22  applicant when each individual required by this section to

23  undergo background screening has met the standards for the

24  Department of Law Enforcement background check, but the agency

25  has not yet received background screening results from the

26  Federal Bureau of Investigation, or a request for a

27  disqualification exemption has been submitted to the agency as

28  set forth in chapter 435 but a response has not yet been

29  issued. A standard registration may be granted to the

30  applicant upon the agency's receipt of a report of the results

31  of the Federal Bureau of Investigation background screening


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    CS for CS for SB 1280                          First Engrossed



 1  for each individual required by this section to undergo

 2  background screening which confirms that all standards have

 3  been met, or upon the granting of a disqualification exemption

 4  by the agency as set forth in chapter 435. Any other person

 5  who is required to undergo level 2 background screening may

 6  serve in his or her capacity pending the agency's receipt of

 7  the report from the Federal Bureau of Investigation. However,

 8  the person may not continue to serve if the report indicates

 9  any violation of background screening standards and a

10  disqualification exemption has not been requested of and

11  granted by the agency as set forth in chapter 435.

12         (f)  Each applicant must submit to the agency a

13  description and explanation of any conviction of an offense

14  prohibited under the level 2 standards of chapter 435 by a

15  member of the board of directors of the applicant, its

16  officers, or any individual owning 5 percent or more of the

17  applicant. This requirement does not apply to a director of a

18  not-for-profit corporation or organization if the director

19  serves solely in a voluntary capacity for the corporation or

20  organization, does not regularly take part in the day-to-day

21  operational decisions of the corporation or organization,

22  receives no remuneration for his or her services on the

23  corporation or organization's board of directors, and has no

24  financial interest and has no family members with a financial

25  interest in the corporation or organization, provided that the

26  director and the not-for-profit corporation or organization

27  include in the application a statement affirming that the

28  director's relationship to the corporation satisfies the

29  requirements of this paragraph.

30         (g)  A registration may not be granted to an applicant

31  if the applicant or managing employee has been found guilty


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    CS for CS for SB 1280                          First Engrossed



 1  of, regardless of adjudication, or has entered a plea of nolo

 2  contendere or guilty to, any offense prohibited under the

 3  level 2 standards for screening set forth in chapter 435,

 4  unless an exemption from disqualification has been granted by

 5  the agency as set forth in chapter 435.

 6         Section 87.  For the purpose of incorporating the

 7  amendment to section 435.04, Florida Statutes, in references

 8  thereto, paragraph (a) of subsection (1) of section 397.451,

 9  Florida Statutes, is reenacted to read:

10         397.451  Background checks of service provider

11  personnel.--

12         (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND

13  EXCEPTIONS.--

14         (a)  Background checks shall apply as follows:

15         1.  All owners, directors, and chief financial officers

16  of service providers are subject to level 2 background

17  screening as provided under chapter 435.

18         2.  All service provider personnel who have direct

19  contact with children receiving services or with adults who

20  are developmentally disabled receiving services are subject to

21  level 2 background screening as provided under chapter 435.

22         Section 88.  For the purpose of incorporating the

23  amendment to section 435.04, Florida Statutes, in references

24  thereto, paragraphs (a), (b), (c), (d), and (f) of subsection

25  (4) of section 400.071, Florida Statutes, are reenacted to

26  read:

27         400.071  Application for license.--

28         (4)  Each applicant for licensure must comply with the

29  following requirements:

30         (a)  Upon receipt of a completed, signed, and dated

31  application, the agency shall require background screening of


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    CS for CS for SB 1280                          First Engrossed



 1  the applicant, in accordance with the level 2 standards for

 2  screening set forth in chapter 435. As used in this

 3  subsection, the term "applicant" means the facility

 4  administrator, or similarly titled individual who is

 5  responsible for the day-to-day operation of the licensed

 6  facility, and the facility financial officer, or similarly

 7  titled individual who is responsible for the financial

 8  operation of the licensed facility.

 9         (b)  The agency may require background screening for a

10  member of the board of directors of the licensee or an officer

11  or an individual owning 5 percent or more of the licensee if

12  the agency has probable cause to believe that such individual

13  has been convicted of an offense prohibited under the level 2

14  standards for screening set forth in chapter 435.

15         (c)  Proof of compliance with the level 2 background

16  screening requirements of chapter 435 which has been submitted

17  within the previous 5 years in compliance with any other

18  health care or assisted living licensure requirements of this

19  state is acceptable in fulfillment of paragraph (a). Proof of

20  compliance with background screening which has been submitted

21  within the previous 5 years to fulfill the requirements of the

22  Financial Services Commission and the Office of Insurance

23  Regulation pursuant to chapter 651 as part of an application

24  for a certificate of authority to operate a continuing care

25  retirement community is acceptable in fulfillment of the

26  Department of Law Enforcement and Federal Bureau of

27  Investigation background check.

28         (d)  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  Department of Law Enforcement background check, but the agency


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    CS for CS for SB 1280                          First Engrossed



 1  has not yet received background screening results from the

 2  Federal Bureau of Investigation, or a request for a

 3  disqualification exemption has been submitted to the agency as

 4  set forth in chapter 435, but a response has not yet been

 5  issued. A license may be granted to the applicant upon the

 6  agency's receipt of a report of the results of the Federal

 7  Bureau of Investigation background screening for each

 8  individual required by this section to undergo background

 9  screening which confirms that all standards have been met, or

10  upon the granting of a disqualification exemption by the

11  agency as set forth in chapter 435. Any other person who is

12  required to undergo level 2 background screening may serve in

13  his or her capacity pending the agency's receipt of the report

14  from the Federal Bureau of Investigation; however, the person

15  may not continue to serve if the report indicates any

16  violation of background screening standards and a

17  disqualification exemption has not been requested of and

18  granted by the agency as set forth in chapter 435.

19         (f)  Each applicant must submit to the agency a

20  description and explanation of any conviction of an offense

21  prohibited under the level 2 standards of chapter 435 by a

22  member of the board of directors of the applicant, its

23  officers, or any individual owning 5 percent or more of the

24  applicant. This requirement shall not apply to a director of a

25  not-for-profit corporation or organization if the director

26  serves solely in a voluntary capacity for the corporation or

27  organization, does not regularly take part in the day-to-day

28  operational decisions of the corporation or organization,

29  receives no remuneration for his or her services on the

30  corporation or organization's board of directors, and has no

31  financial interest and has no family members with a financial


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    CS for CS for SB 1280                          First Engrossed



 1  interest in the corporation or organization, provided that the

 2  director and the not-for-profit corporation or organization

 3  include in the application a statement affirming that the

 4  director's relationship to the corporation satisfies the

 5  requirements of this paragraph.

 6         Section 89.  For the purpose of incorporating the

 7  amendment to section 435.04, Florida Statutes, in references

 8  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 9  subsection (4) of section 400.471, Florida Statutes, are

10  reenacted to read:

11         400.471  Application for license; fee; provisional

12  license; temporary permit.--

13         (4)  Each applicant for licensure must comply with the

14  following requirements:

15         (a)  Upon receipt of a completed, signed, and dated

16  application, the agency shall require background screening of

17  the applicant, in accordance with the level 2 standards for

18  screening set forth in chapter 435. As used in this

19  subsection, the term "applicant" means the administrator, or a

20  similarly titled person who is responsible for the day-to-day

21  operation of the licensed home health agency, and the

22  financial officer, or similarly titled individual who is

23  responsible for the financial operation of the licensed home

24  health agency.

25         (b)  The agency may require background screening for a

26  member of the board of directors of the licensee or an officer

27  or an individual owning 5 percent or more of the licensee if

28  the agency reasonably suspects that such individual has been

29  convicted of an offense prohibited under the level 2 standards

30  for screening set forth in chapter 435.

31  


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 1         (c)  Proof of compliance with the level 2 background

 2  screening requirements of chapter 435 which has been submitted

 3  within the previous 5 years in compliance with any other

 4  health care or assisted living licensure requirements of this

 5  state is acceptable in fulfillment of paragraph (a). Proof of

 6  compliance with background screening which has been submitted

 7  within the previous 5 years to fulfill the requirements of the

 8  Financial Services Commission and the Office of Insurance

 9  Regulation pursuant to chapter 651 as part of an application

10  for a certificate of authority to operate a continuing care

11  retirement community is acceptable in fulfillment of the

12  Department of Law Enforcement and Federal Bureau of

13  Investigation background check.

14         (d)  A provisional license may be granted to an

15  applicant when each individual required by this section to

16  undergo background screening has met the standards for the

17  Department of Law Enforcement background check, but the agency

18  has not yet received background screening results from the

19  Federal Bureau of Investigation. A standard license may be

20  granted to the licensee upon the agency's receipt of a report

21  of the results of the Federal Bureau of Investigation

22  background screening for each individual required by this

23  section to undergo background screening which confirms that

24  all standards have been met, or upon the granting of a

25  disqualification exemption by the agency as set forth in

26  chapter 435. Any other person who is required to undergo level

27  2 background screening may serve in his or her capacity

28  pending the agency's receipt of the report from the Federal

29  Bureau of Investigation. However, the person may not continue

30  to serve if the report indicates any violation of background

31  screening standards and a disqualification exemption has not


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    CS for CS for SB 1280                          First Engrossed



 1  been requested of and granted by the agency as set forth in

 2  chapter 435.

 3         (f)  Each applicant must submit to the agency a

 4  description and explanation of any conviction of an offense

 5  prohibited under the level 2 standards of chapter 435 by a

 6  member of the board of directors of the applicant, its

 7  officers, or any individual owning 5 percent or more of the

 8  applicant. This requirement does not apply to a director of a

 9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  A license may not be granted to an applicant if

22  the applicant, administrator, or financial officer has been

23  found guilty of, regardless of adjudication, or has entered a

24  plea of nolo contendere or guilty to, any offense prohibited

25  under the level 2 standards for screening set forth in chapter

26  435, unless an exemption from disqualification has been

27  granted by the agency as set forth in chapter 435.

28         Section 90.  For the purpose of incorporating the

29  amendment to section 435.04, Florida Statutes, in references

30  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

31  


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 1  subsection (2) of section 400.506, Florida Statutes, are

 2  reenacted to read:

 3         400.506  Licensure of nurse registries; requirements;

 4  penalties.--

 5         (2)  Each applicant for licensure must comply with the

 6  following requirements:

 7         (a)  Upon receipt of a completed, signed, and dated

 8  application, the agency shall require background screening, in

 9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee, or other similarly

11  titled individual who is responsible for the daily operation

12  of the nurse registry, and of the financial officer, or other

13  similarly titled individual who is responsible for the

14  financial operation of the registry, including billings for

15  patient care and services. The applicant shall comply with the

16  procedures for level 2 background screening as set forth in

17  chapter 435.

18         (b)  The agency may require background screening of any

19  other individual who is an applicant if the agency has

20  probable cause to believe that he or she has been convicted of

21  a crime or has committed any other offense prohibited under

22  the level 2 standards for screening set forth in chapter 435.

23         (c)  Proof of compliance with the level 2 background

24  screening requirements of chapter 435 which has been submitted

25  within the previous 5 years in compliance with any other

26  health care or assisted living licensure requirements of this

27  state is acceptable in fulfillment of the requirements of

28  paragraph (a).

29         (d)  A provisional license may be granted to an

30  applicant when each individual required by this section to

31  undergo background screening has met the standards for the


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 1  Department of Law Enforcement background check but the agency

 2  has not yet received background screening results from the

 3  Federal Bureau of Investigation. A standard license may be

 4  granted to the applicant upon the agency's receipt of a report

 5  of the results of the Federal Bureau of Investigation

 6  background screening for each individual required by this

 7  section to undergo background screening which confirms that

 8  all standards have been met, or upon the granting of a

 9  disqualification exemption by the agency as set forth in

10  chapter 435. Any other person who is required to undergo level

11  2 background screening may serve in his or her capacity

12  pending the agency's receipt of the report from the Federal

13  Bureau of Investigation. However, the person may not continue

14  to serve if the report indicates any violation of background

15  screening standards and a disqualification exemption has not

16  been requested of and granted by the agency as set forth in

17  chapter 435.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the


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 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         (g)  A license may not be granted to an applicant if

 6  the applicant or managing employee has been found guilty of,

 7  regardless of adjudication, or has entered a plea of nolo

 8  contendere or guilty to, any offense prohibited under the

 9  level 2 standards for screening set forth in chapter 435,

10  unless an exemption from disqualification has been granted by

11  the agency as set forth in chapter 435.

12         Section 91.  For the purpose of incorporating the

13  amendment to section 435.04, Florida Statutes, in references

14  thereto, section 400.5572, Florida Statutes, is reenacted to

15  read:

16         400.5572  Background screening.--

17         (1)(a)  Level 2 background screening must be conducted

18  on each of the following persons, who shall be considered

19  employees for the purposes of conducting screening under

20  chapter 435:

21         1.  The adult day care center owner if an individual,

22  the operator, and the financial officer.

23         2.  An officer or board member if the owner of the

24  adult day care center is a firm, corporation, partnership, or

25  association, or any person owning 5 percent or more of the

26  facility, if the agency has probable cause to believe that

27  such person has been convicted of any offense prohibited by s.

28  435.04. For each officer, board member, or person owning 5

29  percent or more who has been convicted of any such offense,

30  the facility shall submit to the agency a description and

31  explanation of the conviction at the time of license


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    CS for CS for SB 1280                          First Engrossed



 1  application. This subparagraph does not apply to a board

 2  member of a not-for-profit corporation or organization if the

 3  board member serves solely in a voluntary capacity, does not

 4  regularly take part in the day-to-day operational decisions of

 5  the corporation or organization, receives no remuneration for

 6  his or her services, and has no financial interest and has no

 7  family members with a financial interest in the corporation or

 8  organization, provided that the board member and facility

 9  submit a statement affirming that the board member's

10  relationship to the facility satisfies the requirements of

11  this subparagraph.

12         (b)  Proof of compliance with level 2 screening

13  standards which has been submitted within the previous 5 years

14  to meet any facility or professional licensure requirements of

15  the agency or the Department of Health satisfies the

16  requirements of this subsection.

17         (c)  The agency may grant a provisional license to an

18  adult day care center applying for an initial license when

19  each individual required by this subsection to undergo

20  screening has completed the Department of Law Enforcement

21  background check, but has not yet received results from the

22  Federal Bureau of Investigation, or when a request for an

23  exemption from disqualification has been submitted to the

24  agency pursuant to s. 435.07, but a response has not been

25  issued.

26         (2)  The owner or administrator of an adult day care

27  center must conduct level 1 background screening as set forth

28  in chapter 435 on all employees hired on or after October 1,

29  1998, who provide basic services or supportive and optional

30  services to the participants. Such persons satisfy this

31  requirement if:


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    CS for CS for SB 1280                          First Engrossed



 1         (a)  Proof of compliance with level 1 screening

 2  requirements obtained to meet any professional license

 3  requirements in this state is provided and accompanied, under

 4  penalty of perjury, by a copy of the person's current

 5  professional license and an affidavit of current compliance

 6  with the background screening requirements.

 7         (b)  The person required to be screened has been

 8  continuously employed, without a breach in service that

 9  exceeds 180 days, in the same type of occupation for which the

10  person is seeking employment and provides proof of compliance

11  with the level 1 screening requirement which is no more than 2

12  years old. Proof of compliance must be provided directly from

13  one employer or contractor to another, and not from the person

14  screened. Upon request, a copy of screening results shall be

15  provided to the person screened by the employer retaining

16  documentation of the screening.

17         (c)  The person required to be screened is employed by

18  a corporation or business entity or related corporation or

19  business entity that owns, operates, or manages more than one

20  facility or agency licensed under this chapter, and for whom a

21  level 1 screening was conducted by the corporation or business

22  entity as a condition of initial or continued employment.

23         Section 92.  For the purpose of incorporating the

24  amendment to section 435.04, Florida Statutes, in references

25  thereto, paragraph (a) of subsection (3) of section 400.607,

26  Florida Statutes, is reenacted to read:

27         400.607  Denial, suspension, or revocation of license;

28  imposition of administrative fine; grounds; injunctions.--

29         (3)  The agency may deny or revoke a license upon a

30  determination that:

31  


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    CS for CS for SB 1280                          First Engrossed



 1         (a)  Persons subject to level 2 background screening

 2  under s. 400.6065 do not meet the screening standards of s.

 3  435.04, and exemptions from disqualification have not been

 4  provided by the agency.

 5         Section 93.  For the purpose of incorporating the

 6  amendment to section 435.04, Florida Statutes, in references

 7  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 8  subsection (4) of section 400.801, Florida Statutes, are

 9  reenacted to read:

10         400.801  Homes for special services.--

11         (4)  Each applicant for licensure must comply with the

12  following requirements:

13         (a)  Upon receipt of a completed, signed, and dated

14  application, the agency shall require background screening, in

15  accordance with the level 2 standards for screening set forth

16  in chapter 435, of the managing employee, or other similarly

17  titled individual who is responsible for the daily operation

18  of the facility, and of the financial officer, or other

19  similarly titled individual who is responsible for the

20  financial operation of the facility, including billings for

21  client care and services, in accordance with the level 2

22  standards for screening set forth in chapter 435. The

23  applicant must comply with the procedures for level 2

24  background screening as set forth in chapter 435.

25         (b)  The agency may require background screening of any

26  other individual who is an applicant if the agency has

27  probable cause to believe that he or she has been convicted of

28  a crime or has committed any other offense prohibited under

29  the level 2 standards for screening set forth in chapter 435.

30         (c)  Proof of compliance with the level 2 background

31  screening requirements of chapter 435 which has been submitted


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    CS for CS for SB 1280                          First Engrossed



 1  within the previous 5 years in compliance with any other

 2  health care or assisted living licensure requirements of this

 3  state is acceptable in fulfillment of the requirements of

 4  paragraph (a).

 5         (d)  A provisional license may be granted to an

 6  applicant when each individual required by this section to

 7  undergo background screening has met the standards for the

 8  Department of Law Enforcement background check, but the agency

 9  has not yet received background screening results from the

10  Federal Bureau of Investigation, or a request for a

11  disqualification exemption has been submitted to the agency as

12  set forth in chapter 435, but a response has not yet been

13  issued. A standard license may be granted to the applicant

14  upon the agency's receipt of a report of the results of the

15  Federal Bureau of Investigation background screening for each

16  individual required by this section to undergo background

17  screening which confirms that all standards have been met, or

18  upon the granting of a disqualification exemption by the

19  agency as set forth in chapter 435. Any other person who is

20  required to undergo level 2 background screening may serve in

21  his or her capacity pending the agency's receipt of the report

22  from the Federal Bureau of Investigation. However, the person

23  may not continue to serve if the report indicates any

24  violation of background screening standards and a

25  disqualification exemption has not been requested of and

26  granted by the agency as set forth in chapter 435.

27         (f)  Each applicant must submit to the agency a

28  description and explanation of any conviction of an offense

29  prohibited under the level 2 standards of chapter 435 by a

30  member of the board of directors of the applicant, its

31  officers, or any individual owning 5 percent or more of the


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    CS for CS for SB 1280                          First Engrossed



 1  applicant. This requirement does not apply to a director of a

 2  not-for-profit corporation or organization if the director

 3  serves solely in a voluntary capacity for the corporation or

 4  organization, does not regularly take part in the day-to-day

 5  operational decisions of the corporation or organization,

 6  receives no remuneration for his or her services on the

 7  corporation or organization's board of directors, and has no

 8  financial interest and has no family members with a financial

 9  interest in the corporation or organization, provided that the

10  director and the not-for-profit corporation or organization

11  include in the application a statement affirming that the

12  director's relationship to the corporation satisfies the

13  requirements of this paragraph.

14         (g)  A license may not be granted to an applicant if

15  the applicant or managing employee has been found guilty of,

16  regardless of adjudication, or has entered a plea of nolo

17  contendere or guilty to, any offense prohibited under the

18  level 2 standards for screening set forth in chapter 435,

19  unless an exemption from disqualification has been granted by

20  the agency as set forth in chapter 435.

21         Section 94.  For the purpose of incorporating the

22  amendment to section 435.04, Florida Statutes, in references

23  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

24  subsection (3) of section 400.805, Florida Statutes, are

25  reenacted to read:

26         400.805  Transitional living facilities.--

27         (3)  Each applicant for licensure must comply with the

28  following requirements:

29         (a)  Upon receipt of a completed, signed, and dated

30  application, the agency shall require background screening, in

31  accordance with the level 2 standards for screening set forth


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    CS for CS for SB 1280                          First Engrossed



 1  in chapter 435, of the managing employee, or other similarly

 2  titled individual who is responsible for the daily operation

 3  of the facility, and of the financial officer, or other

 4  similarly titled individual who is responsible for the

 5  financial operation of the facility, including billings for

 6  client care and services. The applicant must comply with the

 7  procedures for level 2 background screening as set forth in

 8  chapter 435.

 9         (b)  The agency may require background screening of any

10  other individual who is an applicant if the agency has

11  probable cause to believe that he or she has been convicted of

12  a crime or has committed any other offense prohibited under

13  the level 2 standards for screening set forth in chapter 435.

14         (c)  Proof of compliance with the level 2 background

15  screening requirements of chapter 435 which has been submitted

16  within the previous 5 years in compliance with any other

17  health care or assisted living licensure requirements of this

18  state is acceptable in fulfillment of the requirements of

19  paragraph (a).

20         (d)  A provisional license may be granted to an

21  applicant when each individual required by this section to

22  undergo background screening has met the standards for the

23  Department of Law Enforcement background check, but the agency

24  has not yet received background screening results from the

25  Federal Bureau of Investigation, or a request for a

26  disqualification exemption has been submitted to the agency as

27  set forth in chapter 435, but a response has not yet been

28  issued. A standard license may be granted to the applicant

29  upon the agency's receipt of a report of the results of the

30  Federal Bureau of Investigation background screening for each

31  individual required by this section to undergo background


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    CS for CS for SB 1280                          First Engrossed



 1  screening which confirms that all standards have been met, or

 2  upon the granting of a disqualification exemption by the

 3  agency as set forth in chapter 435. Any other person who is

 4  required to undergo level 2 background screening may serve in

 5  his or her capacity pending the agency's receipt of the report

 6  from the Federal Bureau of Investigation. However, the person

 7  may not continue to serve if the report indicates any

 8  violation of background screening standards and a

 9  disqualification exemption has not been requested of and

10  granted by the agency as set forth in chapter 435.

11         (f)  Each applicant must submit to the agency a

12  description and explanation of any conviction of an offense

13  prohibited under the level 2 standards of chapter 435 by a

14  member of the board of directors of the applicant, its

15  officers, or any individual owning 5 percent or more of the

16  applicant. This requirement does not apply to a director of a

17  not-for-profit corporation or organization if the director

18  serves solely in a voluntary capacity for the corporation or

19  organization, does not regularly take part in the day-to-day

20  operational decisions of the corporation or organization,

21  receives no remuneration for his or her services on the

22  corporation or organization's board of directors, and has no

23  financial interest and has no family members with a financial

24  interest in the corporation or organization, provided that the

25  director and the not-for-profit corporation or organization

26  include in the application a statement affirming that the

27  director's relationship to the corporation satisfies the

28  requirements of this paragraph.

29         (g)  A license may not be granted to an applicant if

30  the applicant or managing employee has been found guilty of,

31  regardless of adjudication, or has entered a plea of nolo


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    CS for CS for SB 1280                          First Engrossed



 1  contendere or guilty to, any offense prohibited under the

 2  level 2 standards for screening set forth in chapter 435,

 3  unless an exemption from disqualification has been granted by

 4  the agency as set forth in chapter 435.

 5         Section 95.  For the purpose of incorporating the

 6  amendment to section 435.04, Florida Statutes, in references

 7  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 8  subsection (5) of section 400.906, Florida Statutes, are

 9  reenacted to read:

10         400.906  Initial application for license.--

11         (5)  Each applicant for licensure must comply with the

12  following requirements:

13         (a)  Upon receipt of a completed, signed, and dated

14  application, the agency shall require background screening, in

15  accordance with the level 2 standards for screening set forth

16  in chapter 435, of the operator, and of the financial officer,

17  or other similarly titled individual who is responsible for

18  the financial operation of the center, including billings for

19  patient care and services. The applicant must comply with the

20  procedures for level 2 background screening as set forth in

21  chapter 435, as well as the requirements of s. 435.03(3).

22         (b)  The agency may require background screening of any

23  other individual who is an applicant if the agency has a

24  reasonable basis for believing that he or she has been

25  convicted of a crime or has committed any other offense

26  prohibited under the level 2 standards for screening set forth

27  in chapter 435.

28         (c)  Proof of compliance with the level 2 background

29  screening requirements of chapter 435 which has been submitted

30  within the previous 5 years in compliance with any other

31  


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 1  health care licensure requirements of this state is acceptable

 2  in fulfillment of the requirements of paragraph (a).

 3         (d)  A provisional license may be granted to an

 4  applicant when each individual required by this section to

 5  undergo background screening has met the standards for the

 6  Department of Law Enforcement background check, but the agency

 7  has not yet received background screening results from the

 8  Federal Bureau of Investigation, or a request for a

 9  disqualification exemption has been submitted to the agency as

10  set forth in chapter 435, but a response has not yet been

11  issued. A standard license may be granted to the applicant

12  upon the agency's receipt of a report of the results of the

13  Federal Bureau of Investigation background screening for each

14  individual required by this section to undergo background

15  screening which confirms that all standards have been met, or

16  upon the granting of a disqualification exemption by the

17  agency as set forth in chapter 435. Any other person who is

18  required to undergo level 2 background screening may serve in

19  his or her capacity pending the agency's receipt of the report

20  from the Federal Bureau of Investigation. However, the person

21  may not continue to serve if the report indicates any

22  violation of background screening standards and a

23  disqualification exemption has not been requested of and

24  granted by the agency as set forth in chapter 435.

25         (f)  Each applicant must submit to the agency a

26  description and explanation of any conviction of an offense

27  prohibited under the level 2 standards of chapter 435 by a

28  member of the board of directors of the applicant, its

29  officers, or any individual owning 5 percent or more of the

30  applicant. This requirement does not apply to a director of a

31  not-for-profit corporation or organization if the director


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 1  serves solely in a voluntary capacity for the corporation or

 2  organization, does not regularly take part in the day-to-day

 3  operational decisions of the corporation or organization,

 4  receives no remuneration for his or her services on the

 5  corporation or organization's board of directors, and has no

 6  financial interest and has no family members with a financial

 7  interest in the corporation or organization, provided that the

 8  director and the not-for-profit corporation or organization

 9  include in the application a statement affirming that the

10  director's relationship to the corporation satisfies the

11  requirements of this paragraph.

12         (g)  A license may not be granted to an applicant if

13  the applicant or managing employee has been found guilty of,

14  regardless of adjudication, or has entered a plea of nolo

15  contendere or guilty to, any offense prohibited under the

16  level 2 standards for screening set forth in chapter 435,

17  unless an exemption from disqualification has been granted by

18  the agency as set forth in chapter 435.

19         Section 96.  For the purpose of incorporating the

20  amendment to section 435.04, Florida Statutes, in references

21  thereto, paragraphs (a), (b), (c), (e), and (f) of subsection

22  (5) of section 400.931, Florida Statutes, are reenacted to

23  read:

24         400.931  Application for license; fee; provisional

25  license; temporary permit.--

26         (5)  Each applicant for licensure must comply with the

27  following requirements:

28         (a)  Upon receipt of a completed, signed, and dated

29  application, the agency shall require background screening of

30  the applicant, in accordance with the level 2 standards for

31  screening set forth in chapter 435. As used in this


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    CS for CS for SB 1280                          First Engrossed



 1  subsection, the term "applicant" means the general manager and

 2  the financial officer or similarly titled individual who is

 3  responsible for the financial operation of the licensed

 4  facility.

 5         (b)  The agency may require background screening for a

 6  member of the board of directors of the licensee or an officer

 7  or an individual owning 5 percent or more of the licensee if

 8  the agency has probable cause to believe that such individual

 9  has been convicted of an offense prohibited under the level 2

10  standards for screening set forth in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  health care licensure requirements of this state is acceptable

15  in fulfillment of paragraph (a).

16         (e)  Each applicant must submit to the agency a

17  description and explanation of any conviction of an offense

18  prohibited under the level 2 standards of chapter 435 by a

19  member of the board of directors of the applicant, its

20  officers, or any individual owning 5 percent or more of the

21  applicant. This requirement does not apply to a director of a

22  not-for-profit corporation or organization if the director

23  serves solely in a voluntary capacity for the corporation or

24  organization, does not regularly take part in the day-to-day

25  operational decisions of the corporation or organization,

26  receives no remuneration for his or her services on the

27  corporation's or organization's board of directors, and has no

28  financial interest and has no family members with a financial

29  interest in the corporation or organization, provided that the

30  director and the not-for-profit corporation or organization

31  include in the application a statement affirming that the


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 1  director's relationship to the corporation satisfies the

 2  requirements of this provision.

 3         (f)  A license may not be granted to any potential

 4  licensee if any applicant, administrator, or financial officer

 5  has been found guilty of, regardless of adjudication, or has

 6  entered a plea of nolo contendere or guilty to, any offense

 7  prohibited under the level 2 standards for screening set forth

 8  in chapter 435, unless an exemption from disqualification has

 9  been granted by the agency as set forth in chapter 435.

10         Section 97.  For the purpose of incorporating the

11  amendment to section 435.04, Florida Statutes, in references

12  thereto, paragraphs (a), (b), (c), (d), and (f) of subsection

13  (10) of section 400.962, Florida Statutes, are reenacted to

14  read:

15         400.962  License required; license application.--

16         (10)(a)  Upon receipt of a completed, signed, and dated

17  application, the agency shall require background screening of

18  the applicant, in accordance with the level 2 standards for

19  screening set forth in chapter 435. As used in this

20  subsection, the term "applicant" means the facility

21  administrator, or similarly titled individual who is

22  responsible for the day-to-day operation of the licensed

23  facility, and the facility financial officer, or similarly

24  titled individual who is responsible for the financial

25  operation of the licensed facility.

26         (b)  The agency may require background screening for a

27  member of the board of directors of the licensee or an officer

28  or an individual owning 5 percent or more of the licensee if

29  the agency has probable cause to believe that such individual

30  has been convicted of an offense prohibited under the level 2

31  standards for screening set forth in chapter 435.


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 1         (c)  Proof of compliance with the level 2 background

 2  screening requirements of chapter 435 which has been submitted

 3  within the previous 5 years in compliance with any other

 4  licensure requirements under this chapter satisfies the

 5  requirements of paragraph (a). Proof of compliance with

 6  background screening which has been submitted within the

 7  previous 5 years to fulfill the requirements of the Financial

 8  Services Commission and the Office of Insurance Regulation

 9  under chapter 651 as part of an application for a certificate

10  of authority to operate a continuing care retirement community

11  satisfies the requirements for the Department of Law

12  Enforcement and Federal Bureau of Investigation background

13  checks.

14         (d)  A provisional license may be granted to an

15  applicant when each individual required by this section to

16  undergo background screening has met the standards for the

17  Department of Law Enforcement background check, but the agency

18  has not yet received background screening results from the

19  Federal Bureau of Investigation, or a request for a

20  disqualification exemption has been submitted to the agency as

21  set forth in chapter 435, but a response has not yet been

22  issued. A license may be granted to the applicant upon the

23  agency's receipt of a report of the results of the Federal

24  Bureau of Investigation background screening for each

25  individual required by this section to undergo background

26  screening which confirms that all standards have been met, or

27  upon the granting of a disqualification exemption by the

28  agency as set forth in chapter 435. Any other person who is

29  required to undergo level 2 background screening may serve in

30  his or her capacity pending the agency's receipt of the report

31  from the Federal Bureau of Investigation; however, the person


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 1  may not continue to serve if the report indicates any

 2  violation of background screening standards and a

 3  disqualification exemption has not been granted by the agency

 4  as set forth in chapter 435.

 5         (f)  Each applicant must submit to the agency a

 6  description and explanation of any conviction of an offense

 7  prohibited under the level 2 standards of chapter 435 by a

 8  member of the board of directors of the applicant, its

 9  officers, or any individual owning 5 percent or more of the

10  applicant. This requirement does not apply to a director of a

11  not-for-profit corporation or organization if the director

12  serves solely in a voluntary capacity for the corporation or

13  organization, does not regularly take part in the day-to-day

14  operational decisions of the corporation or organization,

15  receives no remuneration for his or her services on the

16  corporation's or organization's board of directors, and has no

17  financial interest and has no family members with a financial

18  interest in the corporation or organization, provided that the

19  director and the not-for-profit corporation or organization

20  include in the application a statement affirming that the

21  director's relationship to the corporation satisfies the

22  requirements of this paragraph.

23         Section 98.  For the purpose of incorporating the

24  amendment to section 435.04, Florida Statutes, in references

25  thereto, paragraphs (b) and (d) of subsection (7) of section

26  400.991, Florida Statutes, are reenacted to read:

27         400.991  License requirements; background screenings;

28  prohibitions.--

29         (7)  Each applicant for licensure shall comply with the

30  following requirements:

31  


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 1         (b)  Upon receipt of a completed, signed, and dated

 2  application, the agency shall require background screening of

 3  the applicant, in accordance with the level 2 standards for

 4  screening set forth in chapter 435. Proof of compliance with

 5  the level 2 background screening requirements of chapter 435

 6  which has been submitted within the previous 5 years in

 7  compliance with any other health care licensure requirements

 8  of this state is acceptable in fulfillment of this paragraph.

 9         (d)  A license may not be granted to a clinic if the

10  applicant has been found guilty of, regardless of

11  adjudication, or has entered a plea of nolo contendere or

12  guilty to, any offense prohibited under the level 2 standards

13  for screening set forth in chapter 435, or a violation of

14  insurance fraud under s. 817.234, within the past 5 years. If

15  the applicant has been convicted of an offense prohibited

16  under the level 2 standards or insurance fraud in any

17  jurisdiction, the applicant must show that his or her civil

18  rights have been restored prior to submitting an application.

19         Section 99.  For the purpose of incorporating the

20  amendment to section 435.04, Florida Statutes, in references

21  thereto, paragraph (e) of subsection (2) of section 402.302,

22  Florida Statutes, is reenacted to read:

23         402.302  Definitions.--

24         (2)  "Child care facility" includes any child care

25  center or child care arrangement which provides child care for

26  more than five children unrelated to the operator and which

27  receives a payment, fee, or grant for any of the children

28  receiving care, wherever operated, and whether or not operated

29  for profit. The following are not included:

30         (e)  Operators of transient establishments, as defined

31  in chapter 509, which provide child care services solely for


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 1  the guests of their establishment or resort, provided that all

 2  child care personnel of the establishment are screened

 3  according to the level 2 screening requirements of chapter

 4  435.

 5         Section 100.  For the purpose of incorporating the

 6  amendment to section 435.04, Florida Statutes, in references

 7  thereto, paragraph (a) of subsection (2) of section 402.305,

 8  Florida Statutes, is reenacted to read:

 9         402.305  Licensing standards; child care facilities.--

10         (2)  PERSONNEL.--Minimum standards for child care

11  personnel shall include minimum requirements as to:

12         (a)  Good moral character based upon screening. This

13  screening shall be conducted as provided in chapter 435, using

14  the level 2 standards for screening set forth in that chapter.

15         Section 101.  For the purpose of incorporating the

16  amendment to section 435.04, Florida Statutes, in references

17  thereto, subsection (3) of section 402.3054, Florida Statutes,

18  is reenacted to read:

19         402.3054  Child enrichment service providers.--

20         (3)  A child enrichment service provider shall be of

21  good moral character based upon screening. This screening

22  shall be conducted as provided in chapter 435, using the level

23  2 standards for screening set forth in that chapter. A child

24  enrichment service provider must meet the screening

25  requirements prior to providing services to a child in a child

26  care facility. A child enrichment service provider who has met

27  the screening standards shall not be required to be under the

28  direct and constant supervision of child care personnel.

29         Section 102.  For the purpose of incorporating the

30  amendment to section 435.04, Florida Statutes, in references

31  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of


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 1  subsection (2) of section 483.30, Florida Statutes, are

 2  reenacted to read:

 3         483.30  Licensing of centers.--

 4         (2)  Each applicant for licensure must comply with the

 5  following requirements:

 6         (a)  Upon receipt of a completed, signed, and dated

 7  application, the agency shall require background screening, in

 8  accordance with the level 2 standards for screening set forth

 9  in chapter 435, of the managing employee, or other similarly

10  titled individual who is responsible for the daily operation

11  of the center, and of the financial officer, or other

12  similarly titled individual who is responsible for the

13  financial operation of the center, including billings for

14  patient services. The applicant must comply with the

15  procedures for level 2 background screening as set forth in

16  chapter 435, as well as the requirements of s. 435.03(3).

17         (b)  The agency may require background screening of any

18  other individual who is an applicant if the agency has

19  probable cause to believe that he or she has been convicted of

20  a crime or has committed any other offense prohibited under

21  the level 2 standards for screening set forth in chapter 435.

22         (c)  Proof of compliance with the level 2 background

23  screening requirements of chapter 435 which has been submitted

24  within the previous 5 years in compliance with any other

25  health care licensure requirements of this state is acceptable

26  in fulfillment of the requirements of paragraph (a).

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check, but the agency

31  has not yet received background screening results from the


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 1  Federal Bureau of Investigation, or a request for a

 2  disqualification exemption has been submitted to the agency as

 3  set forth in chapter 435 but a response has not yet been

 4  issued. A license may be granted to the applicant upon the

 5  agency's receipt of a report of the results of the Federal

 6  Bureau of Investigation background screening for each

 7  individual required by this section to undergo background

 8  screening which confirms that all standards have been met, or

 9  upon the granting of a disqualification exemption by the

10  agency as set forth in chapter 435. Any other person who is

11  required to undergo level 2 background screening may serve in

12  his or her capacity pending the agency's receipt of the report

13  from the Federal Bureau of Investigation. However, the person

14  may not continue to serve if the report indicates any

15  violation of background screening standards and a

16  disqualification exemption has not been requested of and

17  granted by the agency as set forth in chapter 435.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the


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 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         (g)  A license may not be granted to an applicant if

 6  the applicant or managing employee has been found guilty of,

 7  regardless of adjudication, or has entered a plea of nolo

 8  contendere or guilty to, any offense prohibited under the

 9  level 2 standards for screening set forth in chapter 435,

10  unless an exemption from disqualification has been granted by

11  the agency as set forth in chapter 435.

12         Section 103.  For the purpose of incorporating the

13  amendment to section 435.04, Florida Statutes, in references

14  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

15  subsection (2) of section 483.101, Florida Statutes, are

16  reenacted to read:

17         483.101  Application for clinical laboratory license.--

18         (2)  Each applicant for licensure must comply with the

19  following requirements:

20         (a)  Upon receipt of a completed, signed, and dated

21  application, the agency shall require background screening, in

22  accordance with the level 2 standards for screening set forth

23  in chapter 435, of the managing director or other similarly

24  titled individual who is responsible for the daily operation

25  of the laboratory and of the financial officer, or other

26  similarly titled individual who is responsible for the

27  financial operation of the laboratory, including billings for

28  patient services. The applicant must comply with the

29  procedures for level 2 background screening as set forth in

30  chapter 435, as well as the requirements of s. 435.03(3).

31  


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 1         (b)  The agency may require background screening of any

 2  other individual who is an applicant if the agency has

 3  probable cause to believe that he or she has been convicted of

 4  a crime or has committed any other offense prohibited under

 5  the level 2 standards for screening set forth in chapter 435.

 6         (c)  Proof of compliance with the level 2 background

 7  screening requirements of chapter 435 which has been submitted

 8  within the previous 5 years in compliance with any other

 9  health care licensure requirements of this state is acceptable

10  in fulfillment of the requirements of paragraph (a).

11         (d)  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  Department of Law Enforcement background check but the agency

15  has not yet received background screening results from the

16  Federal Bureau of Investigation, or a request for a

17  disqualification exemption has been submitted to the agency as

18  set forth in chapter 435 but a response has not yet been

19  issued. A license may be granted to the applicant upon the

20  agency's receipt of a report of the results of the Federal

21  Bureau of Investigation background screening for each

22  individual required by this section to undergo background

23  screening which confirms that all standards have been met, or

24  upon the granting of a disqualification exemption by the

25  agency as set forth in chapter 435. Any other person who is

26  required to undergo level 2 background screening may serve in

27  his or her capacity pending the agency's receipt of the report

28  from the Federal Bureau of Investigation. However, the person

29  may not continue to serve if the report indicates any

30  violation of background screening standards and a

31  


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 1  disqualification exemption has not been requested of and

 2  granted by the agency as set forth in chapter 435.

 3         (f)  Each applicant must submit to the agency a

 4  description and explanation of any conviction of an offense

 5  prohibited under the level 2 standards of chapter 435 by a

 6  member of the board of directors of the applicant, its

 7  officers, or any individual owning 5 percent or more of the

 8  applicant. This requirement does not apply to a director of a

 9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  A license may not be granted to an applicant if

22  the applicant or managing employee has been found guilty of,

23  regardless of adjudication, or has entered a plea of nolo

24  contendere or guilty to, any offense prohibited under the

25  level 2 standards for screening set forth in chapter 435,

26  unless an exemption from disqualification has been granted by

27  the agency as set forth in chapter 435.

28         Section 104.  For the purpose of incorporating the

29  amendment to section 435.04, Florida Statutes, in references

30  thereto, subsection (5) of section 744.1085, Florida Statutes,

31  is reenacted to read:


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 1         744.1085  Regulation of professional guardians;

 2  application; bond required; educational requirements.--

 3         (5)  As required in s. 744.3135, each professional

 4  guardian shall allow a level 2 background screening of the

 5  guardian and employees of the guardian in accordance with the

 6  provisions of s. 435.04.

 7         Section 105.  For the purpose of incorporating the

 8  amendment to section 435.04, Florida Statutes, in references

 9  thereto, paragraph (b) of subsection (2) of section 984.01,

10  Florida Statutes, is reenacted to read:

11         984.01  Purposes and intent; personnel standards and

12  screening.--

13         (2)  The Department of Juvenile Justice or the

14  Department of Children and Family Services, as appropriate,

15  may contract with the Federal Government, other state

16  departments and agencies, county and municipal governments and

17  agencies, public and private agencies, and private individuals

18  and corporations in carrying out the purposes of, and the

19  responsibilities established in, this chapter.

20         (b)  The Department of Juvenile Justice and the

21  Department of Children and Family Services shall require

22  employment screening pursuant to chapter 435, using the level

23  2 standards set forth in that chapter for personnel in

24  programs for children or youths.

25         Section 106.  For the purpose of incorporating the

26  amendment to section 435.04, Florida Statutes, in references

27  thereto, paragraph (b) of subsection (2) of section 985.01,

28  Florida Statutes, is reenacted to read:

29         985.01  Purposes and intent; personnel standards and

30  screening.--

31  


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 1         (2)  The Department of Juvenile Justice or the

 2  Department of Children and Family Services, as appropriate,

 3  may contract with the Federal Government, other state

 4  departments and agencies, county and municipal governments and

 5  agencies, public and private agencies, and private individuals

 6  and corporations in carrying out the purposes of, and the

 7  responsibilities established in, this chapter.

 8         (b)  The Department of Juvenile Justice and the

 9  Department of Children and Family Services shall require

10  employment screening pursuant to chapter 435, using the level

11  2 standards set forth in that chapter for personnel in

12  programs for children or youths.

13         Section 107.  For the purpose of incorporating the

14  amendment to section 435.04, Florida Statutes, in references

15  thereto, paragraphs (a) and (b) of subsection (7) of section

16  1002.36, Florida Statutes, are reenacted to read:

17         1002.36  Florida School for the Deaf and the Blind.--

18         (7)  PERSONNEL SCREENING.--

19         (a)  The Board of Trustees of the Florida School for

20  the Deaf and the Blind shall, because of the special trust or

21  responsibility of employees of the school, require all

22  employees and applicants for employment to undergo personnel

23  screening and security background investigations as provided

24  in chapter 435, using the level 2 standards for screening set

25  forth in that chapter, as a condition of employment and

26  continued employment. The cost of a personnel screening and

27  security background investigation for an employee of the

28  school shall be paid by the school. The cost of such a

29  screening and investigation for an applicant for employment

30  may be paid by the school.

31  


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 1         (b)  As a prerequisite for initial and continuing

 2  employment at the Florida School for the Deaf and the Blind:

 3         1.  The applicant or employee shall submit to the

 4  Florida School for the Deaf and the Blind a complete set of

 5  fingerprints taken by an authorized law enforcement agency or

 6  an employee of the Florida School for the Deaf and the Blind

 7  who is trained to take fingerprints. The Florida School for

 8  the Deaf and the Blind shall submit the fingerprints to the

 9  Department of Law Enforcement for state processing and the

10  Federal Bureau of Investigation for federal processing.

11         2.a.  The applicant or employee shall attest to the

12  minimum standards for good moral character as contained in

13  chapter 435, using the level 2 standards set forth in that

14  chapter under penalty of perjury.

15         b.  New personnel shall be on a probationary status

16  pending a determination of compliance with such minimum

17  standards for good moral character. This paragraph is in

18  addition to any probationary status provided for by Florida

19  law or Florida School for the Deaf and the Blind rules or

20  collective bargaining contracts.

21         3.  The Florida School for the Deaf and the Blind shall

22  review the record of the applicant or employee with respect to

23  the crimes contained in s. 435.04 and shall notify the

24  applicant or employee of its findings. When disposition

25  information is missing on a criminal record, it shall be the

26  responsibility of the applicant or employee, upon request of

27  the Florida School for the Deaf and the Blind, to obtain and

28  supply within 30 days the missing disposition information to

29  the Florida School for the Deaf and the Blind. Failure to

30  supply missing information within 30 days or to show

31  reasonable efforts to obtain such information shall result in


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    CS for CS for SB 1280                          First Engrossed



 1  automatic disqualification of an applicant and automatic

 2  termination of an employee.

 3         4.  After an initial personnel screening and security

 4  background investigation, written notification shall be given

 5  to the affected employee within a reasonable time prior to any

 6  subsequent screening and investigation.

 7         Section 108.  For the purpose of incorporating the

 8  amendments to sections 943.0585 and 943.059, Florida Statutes,

 9  in references thereto, paragraph (a) of subsection (2) and

10  subsection (6) of section 943.0582, Florida Statutes, are

11  reenacted to read:

12         943.0582  Prearrest, postarrest, or teen court

13  diversion program expunction.--

14         (2)(a)  As used in this section, the term "expunction"

15  has the same meaning ascribed in and effect as s. 943.0585,

16  except that:

17         1.  The provisions of s. 943.0585(4)(a) do not apply,

18  except that the criminal history record of a person whose

19  record is expunged pursuant to this section shall be made

20  available only to criminal justice agencies for the purpose of

21  determining eligibility for prearrest, postarrest, or teen

22  court diversion programs; when the record is sought as part of

23  a criminal investigation; or when the subject of the record is

24  a candidate for employment with a criminal justice agency. For

25  all other purposes, a person whose record is expunged under

26  this section may lawfully deny or fail to acknowledge the

27  arrest and the charge covered by the expunged record.

28         2.  Records maintained by local criminal justice

29  agencies in the county in which the arrest occurred that are

30  eligible for expunction pursuant to this section shall be

31  sealed as the term is used in s. 943.059.


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 1         (6)  Expunction or sealing granted under this section

 2  does not prevent the minor who receives such relief from

 3  petitioning for the expunction or sealing of a later criminal

 4  history record as provided for in ss. 943.0585 and 943.059, if

 5  the minor is otherwise eligible under those sections.

 6         Section 109.  For the purpose of incorporating the

 7  amendment to section 943.059, Florida Statutes, in references

 8  thereto, subsections (7), (8), and (9) of section 943.053,

 9  Florida Statutes, are reenacted to read:

10         943.053  Dissemination of criminal justice information;

11  fees.--

12         (7)  Notwithstanding the provisions of s. 943.0525, and

13  any user agreements adopted pursuant thereto, and

14  notwithstanding the confidentiality of sealed records as

15  provided for in s. 943.059, the sheriff of any county that has

16  contracted with a private entity to operate a county detention

17  facility pursuant to the provisions of s. 951.062 shall

18  provide that private entity, in a timely manner, copies of the

19  Florida criminal history records for its inmates. The sheriff

20  may assess a charge for the Florida criminal history records

21  pursuant to the provisions of chapter 119. Sealed records

22  received by the private entity under this section remain

23  confidential and exempt from the provisions of s. 119.07(1).

24         (8)  Notwithstanding the provisions of s. 943.0525, and

25  any user agreements adopted pursuant thereto, and

26  notwithstanding the confidentiality of sealed records as

27  provided for in s. 943.059, the Department of Corrections

28  shall provide, in a timely manner, copies of the Florida

29  criminal history records for inmates housed in a private state

30  correctional facility to the private entity under contract to

31  operate the facility pursuant to the provisions of s. 944.105


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 1  or s. 957.03. The department may assess a charge for the

 2  Florida criminal history records pursuant to the provisions of

 3  chapter 119. Sealed records received by the private entity

 4  under this section remain confidential and exempt from the

 5  provisions of s. 119.07(1).

 6         (9)  Notwithstanding the provisions of s. 943.0525 and

 7  any user agreements adopted pursuant thereto, and

 8  notwithstanding the confidentiality of sealed records as

 9  provided for in s. 943.059, the Department of Juvenile Justice

10  or any other state or local criminal justice agency may

11  provide copies of the Florida criminal history records for

12  juvenile offenders currently or formerly detained or housed in

13  a contracted juvenile assessment center or detention facility

14  or serviced in a contracted treatment program and for

15  employees or other individuals who will have access to these

16  facilities, only to the entity under direct contract with the

17  Department of Juvenile Justice to operate these facilities or

18  programs pursuant to the provisions of s. 985.411. The

19  criminal justice agency providing such data may assess a

20  charge for the Florida criminal history records pursuant to

21  the provisions of chapter 119. Sealed records received by the

22  private entity under this section remain confidential and

23  exempt from the provisions of s. 119.07(1). Information

24  provided under this section shall be used only for the

25  criminal justice purpose for which it was requested and may

26  not be further disseminated.

27         Section 110.  Sections 393.135, 394.4593, and 916.1075,

28  Florida Statutes, as created by this act, shall apply to

29  offenses committed on or after July 1, 2004.

30         Section 111.  (1)  In the Department of Children and

31  Family Services' Economic Self-Sufficiency Services program,


                                 215

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    CS for CS for SB 1280                          First Engrossed



 1  the department may provide its eligibility determination

 2  functions either with department staff or through contract

 3  with at least two private vendors or with a combination of at

 4  least one private vendor and department employees, with the

 5  following restrictions:

 6         (a)  With the exception of information technology, no

 7  contract with a private vendor shall be for a geographic area

 8  larger than a combined seven districts or combined three zones

 9  without the prior approval of the Legislative Budget

10  Commission; and

11         (b)  Department employees must provide the functions in

12  at least one zone or combined 3 districts of the state if the

13  department's proposed cost is competitive with private

14  vendors.

15         (2)  This section shall take effect upon this act

16  becoming a law.

17         Section 112.  Except as otherwise expressly provided in

18  this act, this act shall take effect July 1, 2004.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                 216

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