Amendment CaShTmL-135396.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1280
    Amendment No. ___   Barcode 135396
                            CHAMBER ACTION
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 120, lines 3-19, delete those lines
15  
16  and insert:  
17         Section 51.  Paragraph (a) of subsection (2) of section
18  400.215, Florida Statutes, is amended, and paragraphs (b) and
19  (c) of subsection (2) and subsection (3) of that section are
20  reenacted for the purpose of incorporating the amendments to
21  sections 435.03 and 435.04, Florida Statutes, in references
22  thereto, to read:
23         400.215  Personnel screening requirement.--
24         (2)  Employers and employees shall comply with the
25  requirements of s. 435.05.
26         (a)  Notwithstanding the provisions of s. 435.05(1),
27  facilities must have in their possession evidence that level 1
28  screening has been completed before allowing an employee to
29  begin working with patients as provided in subsection (1). All
30  information necessary for conducting background screening
31  using level 1 standards as specified in s. 435.03(1) shall be
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SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 submitted by the nursing facility to the agency. Results of 2 the background screening shall be provided by the agency to 3 the requesting nursing facility. 4 (b) Employees qualified under the provisions of 5 paragraph (a) who have not maintained continuous residency 6 within the state for the 5 years immediately preceding the 7 date of request for background screening must complete level 2 8 screening, as provided in chapter 435. Such employees may work 9 in a conditional status up to 180 days pending the receipt of 10 written findings evidencing the completion of level 2 11 screening. Level 2 screening shall not be required of 12 employees or prospective employees who attest in writing under 13 penalty of perjury that they meet the residency requirement. 14 Completion of level 2 screening shall require the employee or 15 prospective employee to furnish to the nursing facility a full 16 set of fingerprints to enable a criminal background 17 investigation to be conducted. The nursing facility shall 18 submit the completed fingerprint card to the agency. The 19 agency shall establish a record of the request in the database 20 provided for in paragraph (c) and forward the request to the 21 Department of Law Enforcement, which is authorized to submit 22 the fingerprints to the Federal Bureau of Investigation for a 23 national criminal history records check. The results of the 24 national criminal history records check shall be returned to 25 the agency, which shall maintain the results in the database 26 provided for in paragraph (c). The agency shall notify the 27 administrator of the requesting nursing facility or the 28 administrator of any other facility licensed under chapter 29 393, chapter 394, chapter 395, chapter 397, or this chapter, 30 as requested by such facility, as to whether or not the 31 employee has qualified under level 1 or level 2 screening. An 2 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 employee or prospective employee who has qualified under level 2 2 screening and has maintained such continuous residency 3 within the state shall not be required to complete a 4 subsequent level 2 screening as a condition of employment at 5 another facility. 6 (c) The agency shall establish and maintain a database 7 of background screening information which shall include the 8 results of both level 1 and level 2 screening. The Department 9 of Law Enforcement shall timely provide to the agency, 10 electronically, the results of each statewide screening for 11 incorporation into the database. The agency shall, upon 12 request from any facility, agency, or program required by or 13 authorized by law to screen its employees or applicants, 14 notify the administrator of the facility, agency, or program 15 of the qualifying or disqualifying status of the employee or 16 applicant named in the request. 17 (3) The applicant is responsible for paying the fees 18 associated with obtaining the required screening. Payment for 19 the screening shall be submitted to the agency. The agency 20 shall establish a schedule of fees to cover the costs of level 21 1 and level 2 screening. Facilities may reimburse employees 22 for these costs. The Department of Law Enforcement shall 23 charge the agency for a level 1 or level 2 screening a rate 24 sufficient to cover the costs of such screening pursuant to s. 25 943.053(3). The agency shall, as allowable, reimburse nursing 26 facilities for the cost of conducting background screening as 27 required by this section. This reimbursement will not be 28 subject to any rate ceilings or payment targets in the 29 Medicaid Reimbursement plan. 30 Section 52. For the purpose of incorporating the 31 amendments to sections 435.03 and 435.04, Florida Statutes, in 3 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 references thereto, subsections (1) and (2) of section 2 400.964, Florida Statutes, are reenacted, and subsection (7) 3 of that section is amended and reenacted, to read: 4 400.964 Personnel screening requirement.-- 5 (1) The agency shall require level 2 background 6 screening as provided in chapter 435 for all employees or 7 prospective employees of facilities licensed under this part 8 who are expected to be, or whose responsibilities are such 9 that they would be considered to be, a direct service 10 provider. 11 (2) Employers and employees shall comply with the 12 requirements of chapter 435. 13 (7) All employees must comply with the requirements of 14 this section by October 1, 2000. A person employed by a 15 facility licensed pursuant to this part as of the effective 16 date of this act is not required to submit to rescreening if 17 the facility has in its possession written evidence that the 18 person has been screened and qualified according to level 1 19 standards as specified in s. 435.03(1). Any current employee 20 who meets the level 1 requirement but does not meet the 5-year 21 residency requirement must provide to the employing facility 22 written attestation under penalty of perjury that the employee 23 has not been convicted of a disqualifying offense in another 24 state or jurisdiction. All applicants hired on or after 25 October 1, 1999, must comply with the requirements of this 26 section. 27 Section 53. For the purposes of incorporating the 28 amendment to section 435.04, Florida Statutes, in references 29 thereto, paragraph (a) of subsection (1) of section 435.045, 30 Florida Statutes, is amended and reenacted to read: 31 435.045 Requirements for placement of dependent 4 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 children.-- 2 (1)(a) Unless an election provided for in subsection 3 (2) is made with respect to the state, the department is 4 authorized to conduct criminal records checks equivalent to 5 the level 2 screening required in s. 435.04(1) for any person 6 being considered by the department for placement of a child 7 subject to a placement decision pursuant to chapter 39. 8 Approval shall not be granted: 9 1. In any case in which a record check reveals a 10 felony conviction for child abuse, abandonment, or neglect; 11 for spousal abuse; for a crime against children, including 12 child pornography, or for a crime involving violence, 13 including rape, sexual assault, or homicide but not including 14 other physical assault or battery, if the department finds 15 that a court of competent jurisdiction has determined that the 16 felony was committed at any time; and 17 2. In any case in which a record check reveals a 18 felony conviction for physical assault, battery, or a 19 drug-related offense, if the department finds that a court of 20 competent jurisdiction has determined that the felony was 21 committed within the past 5 years. 22 Section 54. For the purpose of incorporating the 23 amendment to sections 435.03 and 435.04, Florida Statutes, in 24 references thereto, paragraphs (f) and (g) of subsection (1) 25 of section 400.414, Florida Statutes, are reenacted to read: 26 400.414 Denial, revocation, or suspension of license; 27 imposition of administrative fine; grounds.-- 28 (1) The agency may deny, revoke, or suspend any 29 license issued under this part, or impose an administrative 30 fine in the manner provided in chapter 120, for any of the 31 following actions by an assisted living facility, for the 5 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 actions of any person subject to level 2 background screening 2 under s. 400.4174, or for the actions of any facility 3 employee: 4 (f) A determination that a person subject to level 2 5 background screening under s. 400.4174(1) does not meet the 6 screening standards of s. 435.04 or that the facility is 7 retaining an employee subject to level 1 background screening 8 standards under s. 400.4174(2) who does not meet the screening 9 standards of s. 435.03 and for whom exemptions from 10 disqualification have not been provided by the agency. 11 (g) A determination that an employee, volunteer, 12 administrator, or owner, or person who otherwise has access to 13 the residents of a facility does not meet the criteria 14 specified in s. 435.03(2), and the owner or administrator has 15 not taken action to remove the person. Exemptions from 16 disqualification may be granted as set forth in s. 435.07. No 17 administrative action may be taken against the facility if the 18 person is granted an exemption. 19 20 Administrative proceedings challenging agency action under 21 this subsection shall be reviewed on the basis of the facts 22 and conditions that resulted in the agency action. 23 Section 55. For the purpose of incorporating the 24 amendment to sections 435.03 and 435.04, Florida Statutes, in 25 references thereto, section 400.4174, Florida Statutes, is 26 reenacted to read: 27 400.4174 Background screening; exemptions.-- 28 (1)(a) Level 2 background screening must be conducted 29 on each of the following persons, who shall be considered 30 employees for the purposes of conducting screening under 31 chapter 435: 6 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 1. The facility owner if an individual, the 2 administrator, and the financial officer. 3 2. An officer or board member if the facility owner is 4 a firm, corporation, partnership, or association, or any 5 person owning 5 percent or more of the facility if the agency 6 has probable cause to believe that such person has been 7 convicted of any offense prohibited by s. 435.04. For each 8 officer, board member, or person owning 5 percent or more who 9 has been convicted of any such offense, the facility shall 10 submit to the agency a description and explanation of the 11 conviction at the time of license application. This 12 subparagraph does not apply to a board member of a 13 not-for-profit corporation or organization if the board member 14 serves solely in a voluntary capacity, does not regularly take 15 part in the day-to-day operational decisions of the 16 corporation or organization, receives no remuneration for his 17 or her services, and has no financial interest and has no 18 family members with a financial interest in the corporation or 19 organization, provided that the board member and facility 20 submit a statement affirming that the board member's 21 relationship to the facility satisfies the requirements of 22 this subparagraph. 23 (b) Proof of compliance with level 2 screening 24 standards which has been submitted within the previous 5 years 25 to meet any facility or professional licensure requirements of 26 the agency or the Department of Health satisfies the 27 requirements of this subsection, provided that such proof is 28 accompanied, under penalty of perjury, by an affidavit of 29 compliance with the provisions of chapter 435. Proof of 30 compliance with the background screening requirements of the 31 Financial Services Commission and the Office of Insurance 7 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 Regulation for applicants for a certificate of authority to 2 operate a continuing care retirement community under chapter 3 651, submitted within the last 5 years, satisfies the 4 Department of Law Enforcement and Federal Bureau of 5 Investigation portions of a level 2 background check. 6 (c) The agency may grant a provisional license to a 7 facility applying for an initial license when each individual 8 required by this subsection to undergo screening has completed 9 the Department of Law Enforcement background checks, but has 10 not yet received results from the Federal Bureau of 11 Investigation, or when a request for an exemption from 12 disqualification has been submitted to the agency pursuant to 13 s. 435.07, but a response has not been issued. 14 (2) The owner or administrator of an assisted living 15 facility must conduct level 1 background screening, as set 16 forth in chapter 435, on all employees hired on or after 17 October 1, 1998, who perform personal services as defined in 18 s. 400.402(17). The agency may exempt an individual from 19 employment disqualification as set forth in chapter 435. Such 20 persons shall be considered as having met this requirement if: 21 (a) Proof of compliance with level 1 screening 22 requirements obtained to meet any professional license 23 requirements in this state is provided and accompanied, under 24 penalty of perjury, by a copy of the person's current 25 professional license and an affidavit of current compliance 26 with the background screening requirements. 27 (b) The person required to be screened has been 28 continuously employed in the same type of occupation for which 29 the person is seeking employment without a breach in service 30 which exceeds 180 days, and proof of compliance with the level 31 1 screening requirement which is no more than 2 years old is 8 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 provided. Proof of compliance shall be provided directly from 2 one employer or contractor to another, and not from the person 3 screened. Upon request, a copy of screening results shall be 4 provided by the employer retaining documentation of the 5 screening to the person screened. 6 (c) The person required to be screened is employed by 7 a corporation or business entity or related corporation or 8 business entity that owns, operates, or manages more than one 9 facility or agency licensed under this chapter, and for whom a 10 level 1 screening was conducted by the corporation or business 11 entity as a condition of initial or continued employment. 12 Section 56. 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 400.509, Florida Statutes, 16 are reenacted to read: 17 400.509 Registration of particular service providers 18 exempt from licensure; certificate of registration; regulation 19 of registrants.-- 20 (4) Each applicant for registration must comply with 21 the following requirements: 22 (a) Upon receipt of a completed, signed, and dated 23 application, the agency shall require background screening, in 24 accordance with the level 1 standards for screening set forth 25 in chapter 435, of every individual who will have contact with 26 the client. The agency shall require background screening of 27 the managing employee or other similarly titled individual who 28 is responsible for the operation of the entity, and of the 29 financial officer or other similarly titled individual who is 30 responsible for the financial operation of the entity, 31 including billings for client services in accordance with the 9 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 level 2 standards for background screening as set forth in 2 chapter 435. 3 (b) The agency may require background screening of any 4 other individual who is affiliated with the applicant if the 5 agency has a reasonable basis for believing that he or she has 6 been convicted of a crime or has committed any other offense 7 prohibited under the level 2 standards for screening set forth 8 in chapter 435. 9 (c) Proof of compliance with the level 2 background 10 screening requirements of chapter 435 which has been submitted 11 within the previous 5 years in compliance with any other 12 health care or assisted living licensure requirements of this 13 state is acceptable in fulfillment of paragraph (a). 14 (d) A provisional registration 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 abuse-registry background check through the agency and the 18 Department of Law Enforcement background check, but the agency 19 has not yet received background screening results from the 20 Federal Bureau of Investigation. A standard registration may 21 be granted to the applicant upon the agency's receipt of a 22 report of the results of the Federal Bureau of Investigation 23 background screening for each individual required by this 24 section to undergo background screening which confirms that 25 all standards have been met, or upon the granting of a 26 disqualification exemption by the agency as set forth in 27 chapter 435. Any other person who is required to undergo level 28 2 background screening may serve in his or her capacity 29 pending the agency's receipt of the report from the Federal 30 Bureau of Investigation. However, the person may not continue 31 to serve if the report indicates any violation of background 10 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 screening standards and if a disqualification exemption has 2 not been requested of and granted by the agency as set forth 3 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 which 7 was committed by a member of the board of directors of the 8 applicant, its officers, or any individual owning 5 percent or 9 more of the applicant. This requirement does not apply to a 10 director of a not-for-profit corporation or organization who 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's or organization's board of directors, and has no 16 financial interest and no family members having a financial 17 interest in the corporation or organization, if the director 18 and the not-for-profit corporation or organization include in 19 the application a statement affirming that the director's 20 relationship to the corporation satisfies the requirements of 21 this paragraph. 22 (g) A registration may not be granted to an applicant 23 if the applicant or managing employee has been found guilty 24 of, 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 57. For the purpose of incorporating the 30 amendment to sections 435.03 and 435.04, Florida Statutes, in 31 references thereto, paragraph (c) of subsection (2) of section 11 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 400.556, Florida Statutes, is reenacted to read: 2 400.556 Denial, suspension, revocation of license; 3 administrative fines; investigations and inspections.-- 4 (2) Each of the following actions by the owner of an 5 adult day care center or by its operator or employee is a 6 ground for action by the agency against the owner of the 7 center or its operator or employee: 8 (c) A failure of persons subject to level 2 background 9 screening under s. 400.4174(1) to meet the screening standards 10 of s. 435.04, or the retention by the center of an employee 11 subject to level 1 background screening standards under s. 12 400.4174(2) who does not meet the screening standards of s. 13 435.03 and for whom exemptions from disqualification have not 14 been provided by the agency. 15 Section 58. For the purpose of incorporating the 16 amendment to sections 435.03 and 435.04, Florida Statutes, in 17 references thereto, subsections (1), (2), and (4) of section 18 400.6065, Florida Statutes, are reenacted to read: 19 400.6065 Background screening.-- 20 (1) Upon receipt of a completed application under s. 21 400.606, the agency shall require level 2 background screening 22 on each of the following persons, who shall be considered 23 employees for the purposes of conducting screening under 24 chapter 435: 25 (a) The hospice administrator and financial officer. 26 (b) An officer or board member if the hospice is a 27 firm, corporation, partnership, or association, or any person 28 owning 5 percent or more of the hospice if the agency has 29 probable cause to believe that such officer, board member, or 30 owner has been convicted of any offense prohibited by s. 31 435.04. For each officer, board member, or person owning 5 12 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 percent or more who has been convicted of any such offense, 2 the hospice shall submit to the agency a description and 3 explanation of the conviction at the time of license 4 application. This paragraph does not apply to a board member 5 of a not-for-profit corporation or organization if the board 6 member serves solely in a voluntary capacity, does not 7 regularly take part in the day-to-day operational decisions of 8 the corporation or organization, receives no remuneration for 9 his or her services, and has no financial interest and has no 10 family members with a financial interest in the corporation or 11 organization, provided that the board member and the 12 corporation or organization submit a statement affirming that 13 the board member's relationship to the corporation or 14 organization satisfies the requirements of this paragraph. 15 (2) Proof of compliance with level 2 screening 16 standards which has been submitted within the previous 5 years 17 to meet any facility or professional licensure requirements of 18 the agency or the Department of Health satisfies the 19 requirements of this section. 20 (4) The agency shall require employment or contractor 21 screening as provided in chapter 435, using the level 1 22 standards for screening set forth in that chapter, for hospice 23 personnel. 24 Section 59. For the purpose of incorporating the 25 amendment to sections 435.03 and 435.04, Florida Statutes, in 26 references thereto, paragraphs (a), (b), (c), (d), (f), and 27 (g) of subsection (4) of section 400.980, Florida Statutes, 28 are reenacted to read: 29 400.980 Health care services pools.-- 30 (4) Each applicant for registration must comply with 31 the following requirements: 13 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (a) Upon receipt of a completed, signed, and dated 2 application, the agency shall require background screening, in 3 accordance with the level 1 standards for screening set forth 4 in chapter 435, of every individual who will have contact with 5 patients. The agency shall require background screening of the 6 managing employee or other similarly titled individual who is 7 responsible for the operation of the entity, and of the 8 financial officer or other similarly titled individual who is 9 responsible for the financial operation of the entity, 10 including billings for services in accordance with the level 2 11 standards for background screening as set forth in chapter 12 435. 13 (b) The agency may require background screening of any 14 other individual who is affiliated with the applicant if the 15 agency has a reasonable basis for believing that he or she has 16 been convicted of a crime or has committed any other offense 17 prohibited under the level 2 standards for screening set forth 18 in chapter 435. 19 (c) Proof of compliance with the level 2 background 20 screening requirements of chapter 435 which has been submitted 21 within the previous 5 years in compliance with any other 22 health care or assisted living licensure requirements of this 23 state is acceptable in fulfillment of paragraph (a). 24 (d) A provisional registration may be granted to an 25 applicant when each individual required by this section to 26 undergo background screening has met the standards for the 27 Department of Law Enforcement background check but the agency 28 has not yet received background screening results from the 29 Federal Bureau of Investigation. A standard registration may 30 be granted to the applicant upon the agency's receipt of a 31 report of the results of the Federal Bureau of Investigation 14 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 background screening for each individual required by this 2 section to undergo background screening which confirms that 3 all standards have been met, or upon the granting of a 4 disqualification exemption by the agency as set forth in 5 chapter 435. Any other person who is required to undergo level 6 2 background screening may serve in his or her capacity 7 pending the agency's receipt of the report from the Federal 8 Bureau of Investigation. However, the person may not continue 9 to serve if the report indicates any violation of background 10 screening standards and if a disqualification exemption has 11 not been requested of and granted by the agency as set forth 12 in chapter 435. 13 (f) 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 which 16 was committed by a member of the board of directors of the 17 applicant, its officers, or any individual owning 5 percent or 18 more of the applicant. This requirement does not apply to a 19 director of a not-for-profit corporation or organization who 20 serves solely in a voluntary capacity for the corporation or 21 organization, does not regularly take part in the day-to-day 22 operational decisions of the corporation or organization, 23 receives no remuneration for his or her services on the 24 corporation's or organization's board of directors, and has no 25 financial interest and no family members having a financial 26 interest in the corporation or organization, if the director 27 and the not-for-profit corporation or organization include in 28 the application a statement affirming that the director's 29 relationship to the corporation satisfies the requirements of 30 this paragraph. 31 (g) A registration may not be granted to an applicant 15 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 if the applicant or managing employee has been found guilty 2 of, regardless of adjudication, or has entered a plea of nolo 3 contendere or guilty to, any offense prohibited under the 4 level 2 standards for screening set forth in chapter 435, 5 unless an exemption from disqualification has been granted by 6 the agency as set forth in chapter 435. 7 Section 60. For the purpose of incorporating the 8 amendment to sections 435.03 and 435.04, Florida Statutes, in 9 references thereto, paragraph (k) of subsection (2) of section 10 409.175, Florida Statutes, is reenacted to read: 11 409.175 Licensure of family foster homes, residential 12 child-caring agencies, and child-placing agencies; public 13 records exemption.-- 14 (2) As used in this section, the term: 15 (k) "Screening" means the act of assessing the 16 background of personnel and includes, but is not limited to, 17 employment history checks as provided in chapter 435, using 18 the level 2 standards for screening set forth in that chapter. 19 Screening for employees and volunteers in summer day camps and 20 summer 24-hour camps and screening for all volunteers included 21 under the definition of "personnel" shall be conducted as 22 provided in chapter 435, using the level 1 standards set forth 23 in that chapter. 24 Section 61. For the purpose of incorporating the 25 amendment to sections 435.03 and 435.04, Florida Statutes, in 26 references thereto, paragraph (d) of subsection (8) of section 27 409.907, Florida Statutes, is reenacted to read: 28 409.907 Medicaid provider agreements.--The agency may 29 make payments for medical assistance and related services 30 rendered to Medicaid recipients only to an individual or 31 entity who has a provider agreement in effect with the agency, 16 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 who is performing services or supplying goods in accordance 2 with federal, state, and local law, and who agrees that no 3 person shall, on the grounds of handicap, race, color, or 4 national origin, or for any other reason, be subjected to 5 discrimination under any program or activity for which the 6 provider receives payment from the agency. 7 (8) 8 (d) Proof of compliance with the requirements of level 9 2 screening under s. 435.04 conducted within 12 months prior 10 to the date that the Medicaid provider application is 11 submitted to the agency shall fulfill the requirements of this 12 subsection. Proof of compliance with the requirements of level 13 1 screening under s. 435.03 conducted within 12 months prior 14 to the date that the Medicaid provider application is 15 submitted to the agency shall meet the requirement that the 16 Department of Law Enforcement conduct a state criminal history 17 record check. 18 Section 62. For the purpose of incorporating the 19 amendment to sections 435.03 and 435.04, Florida Statutes, in 20 references thereto, subsections (1) and (3) of section 435.05, 21 Florida Statutes, are reenacted to read: 22 435.05 Requirements for covered employees.--Except as 23 otherwise provided by law, the following requirements shall 24 apply to covered employees: 25 (1)(a) Every person employed in a position for which 26 employment screening is required must, within 5 working days 27 after starting to work, submit to the employer a complete set 28 of information necessary to conduct a screening under this 29 section. 30 (b) For level 1 screening, the employer must submit 31 the information necessary for screening to the Florida 17 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 Department of Law Enforcement within 5 working days after 2 receiving it. The Florida Department of Law Enforcement will 3 conduct a search of its records and will respond to the 4 employer agency. The employer will inform the employee whether 5 screening has revealed any disqualifying information. 6 (c) For level 2 screening, the employer or licensing 7 agency must submit the information necessary for screening to 8 the Florida Department of Law Enforcement within 5 working 9 days after receiving it. The Florida Department of Law 10 Enforcement will conduct a search of its criminal and juvenile 11 records and will request that the Federal Bureau of 12 Investigation conduct a search of its records for each 13 employee for whom the request is made. The Florida Department 14 of Law Enforcement will respond to the employer or licensing 15 agency, and the employer or licensing agency will inform the 16 employee whether screening has revealed disqualifying 17 information. 18 (d) The person whose background is being checked must 19 supply any missing criminal or other necessary information to 20 the employer within 30 days after the employer makes a request 21 for the information or be subject to automatic 22 disqualification. 23 (3) Each employer required to conduct level 2 24 background screening must sign an affidavit annually, under 25 penalty of perjury, stating that all covered employees have 26 been screened or are newly hired and are awaiting the results 27 of the required screening checks. 28 Section 63. For the purpose of incorporating the 29 amendment to sections 435.03 and 435.04, Florida Statutes, in 30 references thereto, section 744.3135, Florida Statutes, as 31 amended by chapter 2003-402, Laws of Florida, is reenacted to 18 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 read: 2 744.3135 Credit and criminal investigation.--The court 3 may require a nonprofessional guardian and shall require a 4 professional or public guardian, and all employees of a 5 professional guardian who have a fiduciary responsibility to a 6 ward, to submit, at their own expense, to an investigation of 7 the guardian's credit history and to undergo level 2 8 background screening as required under s. 435.04. The clerk of 9 the court shall obtain fingerprint cards from the Federal 10 Bureau of Investigation and make them available to guardians. 11 Any guardian who is so required shall have his or her 12 fingerprints taken and forward the proper fingerprint card 13 along with the necessary fee to the Florida Department of Law 14 Enforcement for processing. The professional guardian shall 15 pay to the clerk of the court a fee of up to $7.50 for 16 handling and processing professional guardian files. The 17 results of the fingerprint checks shall be forwarded to the 18 clerk of court who shall maintain the results in a guardian 19 file and shall make the results available to the court. If 20 credit or criminal investigations are required, the court must 21 consider the results of the investigations in appointing a 22 guardian. Professional guardians and all employees of a 23 professional guardian who have a fiduciary responsibility to a 24 ward, so appointed, must resubmit, at their own expense, to an 25 investigation of credit history, and undergo level 1 26 background screening as required under s. 435.03, at least 27 every 2 years after the date of their appointment. At any 28 time, the court may require guardians or their employees to 29 submit to an investigation of credit history and undergo level 30 1 background screening as required under s. 435.03. The court 31 must consider the results of these investigations in 19 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 reappointing a guardian. This section shall not apply to a 2 professional guardian, or to the employees of a professional 3 guardian, that is a trust company, a state banking corporation 4 or state savings association authorized and qualified to 5 exercise fiduciary powers in this state, or a national banking 6 association or federal savings and loan association authorized 7 and qualified to exercise fiduciary powers in this state 8 Section 64. For the purpose of incorporating the 9 amendment to sections 435.03 and 435.04, Florida Statutes, in 10 references thereto, subsection (2) of section 985.04, Florida 11 Statutes, is reenacted to read: 12 985.04 Oaths; records; confidential information.-- 13 (2) Records maintained by the Department of Juvenile 14 Justice, including copies of records maintained by the court, 15 which pertain to a child found to have committed a delinquent 16 act which, if committed by an adult, would be a crime 17 specified in ss. 435.03 and 435.04 may not be destroyed 18 pursuant to this section for a period of 25 years after the 19 youth's final referral to the department, except in cases of 20 the death of the child. Such records, however, shall be sealed 21 by the court for use only in meeting the screening 22 requirements for personnel in s. 402.3055 and the other 23 sections cited above, or pursuant to departmental rule; 24 however, current criminal history information must be obtained 25 from the Department of Law Enforcement in accordance with s. 26 943.053. The information shall be released to those persons 27 specified in the above cited sections for the purposes of 28 complying with those sections. The court may punish by 29 contempt any person who releases or uses the records for any 30 unauthorized purpose. 31 Section 65. For the purpose of incorporating the 20 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 amendment to section 435.03, Florida Statutes, in references 2 thereto, section 400.512, Florida Statutes, is reenacted to 3 read: 4 400.512 Screening of home health agency personnel; 5 nurse registry personnel; and companions and homemakers.--The 6 agency shall require employment or contractor screening as 7 provided in chapter 435, using the level 1 standards for 8 screening set forth in that chapter, for home health agency 9 personnel; persons referred for employment by nurse 10 registries; and persons employed by companion or homemaker 11 services registered under s. 400.509. 12 (1)(a) The Agency for Health Care Administration may, 13 upon request, grant exemptions from disqualification from 14 employment or contracting under this section as provided in s. 15 435.07, except for health care practitioners licensed by the 16 Department of Health or a regulatory board within that 17 department. 18 (b) The appropriate regulatory board within the 19 Department of Health, or that department itself when there is 20 no board, may, upon request of the licensed health care 21 practitioner, grant exemptions from disqualification from 22 employment or contracting under this section as provided in s. 23 435.07. 24 (2) The administrator of each home health agency, the 25 managing employee of each nurse registry, and the managing 26 employee of each companion or homemaker service registered 27 under s. 400.509 must sign an affidavit annually, under 28 penalty of perjury, stating that all personnel hired, 29 contracted with, or registered on or after October 1, 1994, 30 who enter the home of a patient or client in their service 31 capacity have been screened and that its remaining personnel 21 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 have worked for the home health agency or registrant 2 continuously since before October 1, 1994. 3 (3) As a prerequisite to operating as a home health 4 agency, nurse registry, or companion or homemaker service 5 under s. 400.509, the administrator or managing employee, 6 respectively, must submit to the agency his or her name and 7 any other information necessary to conduct a complete 8 screening according to this section. The agency shall submit 9 the information to the Department of Law Enforcement for state 10 processing. The agency shall review the record of the 11 administrator or manager with respect to the offenses 12 specified in this section and shall notify the owner of its 13 findings. If disposition information is missing on a criminal 14 record, the administrator or manager, upon request of the 15 agency, must obtain and supply within 30 days the missing 16 disposition information to the agency. Failure to supply 17 missing information within 30 days or to show reasonable 18 efforts to obtain such information will result in automatic 19 disqualification. 20 (4) Proof of compliance with the screening 21 requirements of chapter 435 shall be accepted in lieu of the 22 requirements of this section if the person has been 23 continuously employed or registered without a breach in 24 service that exceeds 180 days, the proof of compliance is not 25 more than 2 years old, and the person has been screened by the 26 Department of Law Enforcement. A home health agency, nurse 27 registry, or companion or homemaker service registered under 28 s. 400.509 shall directly provide proof of compliance to 29 another home health agency, nurse registry, or companion or 30 homemaker service registered under s. 400.509. The recipient 31 home health agency, nurse registry, or companion or homemaker 22 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 service registered under s. 400.509 may not accept any proof 2 of compliance directly from the person who requires screening. 3 Proof of compliance with the screening requirements of this 4 section shall be provided upon request to the person screened 5 by the home health agencies; nurse registries; or companion or 6 homemaker services registered under s. 400.509. 7 (5) There is no monetary liability on the part of, and 8 no cause of action for damages arises against, a licensed home 9 health agency, licensed nurse registry, or companion or 10 homemaker service registered under s. 400.509, that, upon 11 notice that the employee or contractor has been found guilty 12 of, regardless of adjudication, or entered a plea of nolo 13 contendere or guilty to, any offense prohibited under s. 14 435.03 or under any similar statute of another jurisdiction, 15 terminates the employee or contractor, whether or not the 16 employee or contractor has filed for an exemption with the 17 agency in accordance with chapter 435 and whether or not the 18 time for filing has expired. 19 (6) The costs of processing the statewide 20 correspondence criminal records checks must be borne by the 21 home health agency; the nurse registry; or the companion or 22 homemaker service registered under s. 400.509, or by the 23 person being screened, at the discretion of the home health 24 agency, nurse registry, or s. 400.509 registrant. 25 (7)(a) It is a misdemeanor of the first degree, 26 punishable under s. 775.082 or s. 775.083, for any person 27 willfully, knowingly, or intentionally to: 28 1. Fail, by false statement, misrepresentation, 29 impersonation, or other fraudulent means, to disclose in any 30 application for voluntary or paid employment a material fact 31 used in making a determination as to such person's 23 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 qualifications to be an employee under this section; 2 2. Operate or attempt to operate an entity licensed or 3 registered under this part with persons who do not meet the 4 minimum standards for good moral character as contained in 5 this section; or 6 3. Use information from the criminal records obtained 7 under this section for any purpose other than screening that 8 person for employment as specified in this section or release 9 such information to any other person for any purpose other 10 than screening for employment under this section. 11 (b) It is a felony of the third degree, punishable 12 under s. 775.082, s. 775.083, or s. 775.084, for any person 13 willfully, knowingly, or intentionally to use information from 14 the juvenile records of a person obtained under this section 15 for any purpose other than screening for employment under this 16 section. 17 Section 66. For the purpose of incorporating the 18 amendment to section 435.03, Florida Statutes, in references 19 thereto, subsection (4) of section 400.619, Florida Statutes, 20 is reenacted to read: 21 400.619 Licensure application and renewal.-- 22 (4) Upon receipt of a completed license application or 23 license renewal, and the fee, the agency shall initiate a 24 level 1 background screening as provided under chapter 435 on 25 the adult family-care home provider, the designated relief 26 person, all adult household members, and all staff members. 27 The agency shall conduct an onsite visit to the home that is 28 to be licensed. 29 (a) Proof of compliance with level 1 screening 30 standards which has been submitted within the previous 5 years 31 to meet any facility or professional licensure requirements of 24 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 the agency or the Department of Health satisfies the 2 requirements of this subsection. Such proof must be 3 accompanied, under penalty of perjury, by a copy of the 4 person's current professional license and an affidavit of 5 current compliance with the background screening requirements. 6 (b) The person required to be screened must have been 7 continuously employed in the same type of occupation for which 8 the person is seeking employment without a breach in service 9 that exceeds 180 days, and proof of compliance with the level 10 1 screening requirement which is no more than 2 years old must 11 be provided. Proof of compliance shall be provided directly 12 from one employer or contractor to another, and not from the 13 person screened. Upon request, a copy of screening results 14 shall be provided to the person screened by the employer 15 retaining documentation of the screening. 16 Section 67. For the purpose of incorporating the 17 amendment to section 435.03, Florida Statutes, in references 18 thereto, subsection (1) of section 400.6194, Florida Statutes, 19 is reenacted to read: 20 400.6194 Denial, revocation, or suspension of a 21 license.--The agency may deny, suspend, or revoke a license 22 for any of the following reasons: 23 (1) Failure of any of the persons required to undergo 24 background screening under s. 400.619 to meet the level 1 25 screening standards of s. 435.03, unless an exemption from 26 disqualification has been provided by the agency. 27 Section 68. For the purpose of incorporating the 28 amendment to section 435.03, Florida Statutes, in references 29 thereto, section 400.953, Florida Statutes, is reenacted to 30 read: 31 400.953 Background screening of home medical equipment 25 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 provider personnel.--The agency shall require employment 2 screening as provided in chapter 435, using the level 1 3 standards for screening set forth in that chapter, for home 4 medical equipment provider personnel. 5 (1) The agency may grant exemptions from 6 disqualification from employment under this section as 7 provided in s. 435.07. 8 (2) The general manager of each home medical equipment 9 provider must sign an affidavit annually, under penalty of 10 perjury, stating that all home medical equipment provider 11 personnel hired on or after July 1, 1999, who enter the home 12 of a patient in the capacity of their employment have been 13 screened and that its remaining personnel have worked for the 14 home medical equipment provider continuously since before July 15 1, 1999. 16 (3) Proof of compliance with the screening 17 requirements of s. 110.1127, s. 393.0655, s. 394.4572, s. 18 397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s. 19 985.407 or this part must be accepted in lieu of the 20 requirements of this section if the person has been 21 continuously employed in the same type of occupation for which 22 he or she is seeking employment without a breach in service 23 that exceeds 180 days, the proof of compliance is not more 24 than 2 years old, and the person has been screened by the 25 Department of Law Enforcement. An employer or contractor shall 26 directly provide proof of compliance to another employer or 27 contractor, and a potential employer or contractor may not 28 accept any proof of compliance directly from the person 29 requiring screening. Proof of compliance with the screening 30 requirements of this section shall be provided, upon request, 31 to the person screened by the home medical equipment provider. 26 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (4) There is no monetary liability on the part of, and 2 no cause of action for damages arising against, a licensed 3 home medical equipment provider that, upon notice that an 4 employee has been found guilty of, regardless of adjudication, 5 or entered a plea of nolo contendere or guilty to, any offense 6 prohibited under s. 435.03 or under any similar statute of 7 another jurisdiction, terminates the employee, whether or not 8 the employee has filed for an exemption with the agency and 9 whether or not the time for filing has expired. 10 (5) The costs of processing the statewide 11 correspondence criminal records checks must be borne by the 12 home medical equipment provider or by the person being 13 screened, at the discretion of the home medical equipment 14 provider. 15 (6) Neither the agency nor the home medical equipment 16 provider may use the criminal records or juvenile records of a 17 person for any purpose other than determining whether that 18 person meets minimum standards of good moral character for 19 home medical equipment provider personnel. 20 (7)(a) It is a misdemeanor of the first degree, 21 punishable as provided in s. 775.082 or s. 775.083, for any 22 person willfully, knowingly, or intentionally to: 23 1. Fail, by false statement, misrepresentation, 24 impersonation, or other fraudulent means, to disclose in any 25 application for paid employment a material fact used in making 26 a determination as to the person's qualifications to be an 27 employee under this section; 28 2. Operate or attempt to operate an entity licensed 29 under this part with persons who do not meet the minimum 30 standards for good moral character as contained in this 31 section; or 27 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 3. Use information from the criminal records obtained 2 under this section for any purpose other than screening that 3 person for employment as specified in this section, or release 4 such information to any other person for any purpose other 5 than screening for employment under this section. 6 (b) It is a felony of the third degree, punishable as 7 provided in s. 775.082, s. 775.083, or s. 775.084, for any 8 person willfully, knowingly, or intentionally to use 9 information from the juvenile records of a person obtained 10 under this section for any purpose other than screening for 11 employment under this section. 12 Section 69. For the purpose of incorporating the 13 amendment to section 435.03, Florida Statutes, in references 14 thereto, subsection (32) of section 409.912, Florida Statutes, 15 is reenacted to read: 16 409.912 Cost-effective purchasing of health care.--The 17 agency shall purchase goods and services for Medicaid 18 recipients in the most cost-effective manner consistent with 19 the delivery of quality medical care. The agency shall 20 maximize the use of prepaid per capita and prepaid aggregate 21 fixed-sum basis services when appropriate and other 22 alternative service delivery and reimbursement methodologies, 23 including competitive bidding pursuant to s. 287.057, designed 24 to facilitate the cost-effective purchase of a case-managed 25 continuum of care. The agency shall also require providers to 26 minimize the exposure of recipients to the need for acute 27 inpatient, custodial, and other institutional care and the 28 inappropriate or unnecessary use of high-cost services. The 29 agency may establish prior authorization requirements for 30 certain populations of Medicaid beneficiaries, certain drug 31 classes, or particular drugs to prevent fraud, abuse, overuse, 28 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 and possible dangerous drug interactions. The Pharmaceutical 2 and Therapeutics Committee shall make recommendations to the 3 agency on drugs for which prior authorization is required. The 4 agency shall inform the Pharmaceutical and Therapeutics 5 Committee of its decisions regarding drugs subject to prior 6 authorization. 7 (32) Each managed care plan that is under contract 8 with the agency to provide health care services to Medicaid 9 recipients shall annually conduct a background check with the 10 Florida Department of Law Enforcement of all persons with 11 ownership interest of 5 percent or more or executive 12 management responsibility for the managed care plan and shall 13 submit to the agency information concerning any such person 14 who has been found guilty of, regardless of adjudication, or 15 has entered a plea of nolo contendere or guilty to, any of the 16 offenses listed in s. 435.03. 17 Section 70. For the purpose of incorporating the 18 amendment to section 435.03, Florida Statutes, in references 19 thereto, subsection (4) of section 435.07, Florida Statutes, 20 is reenacted to read: 21 435.07 Exemptions from disqualification.--Unless 22 otherwise provided by law, the provisions of this section 23 shall apply to exemptions from disqualification. 24 (4) Disqualification from employment under subsection 25 (1) may not be removed from, nor may an exemption be granted 26 to, any personnel who is found guilty of, regardless of 27 adjudication, or who has entered a plea of nolo contendere or 28 guilty to, any felony covered by s. 435.03 solely by reason of 29 any pardon, executive clemency, or restoration of civil 30 rights. 31 Section 71. For the purpose of incorporating the 29 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 amendment to section 435.03, Florida Statutes, in references 2 thereto, paragraph (e) of subsection (1) of section 464.018, 3 Florida Statutes, is reenacted to read: 4 464.018 Disciplinary actions.-- 5 (1) The following acts constitute grounds for denial 6 of a license or disciplinary action, as specified in s. 7 456.072(2): 8 (e) Having been found guilty of, regardless of 9 adjudication, or entered a plea of nolo contendere or guilty 10 to, any offense prohibited under s. 435.03 or under any 11 similar statute of another jurisdiction; or having committed 12 an act which constitutes domestic violence as defined in s. 13 741.28. 14 Section 72. For the purpose of incorporating the 15 amendment to section 435.03, Florida Statutes, in references 16 thereto, subsection (3) of section 744.309, Florida Statutes, 17 is reenacted to read: 18 744.309 Who may be appointed guardian of a resident 19 ward.-- 20 (3) DISQUALIFIED PERSONS.--No person who has been 21 convicted of a felony or who, from any incapacity or illness, 22 is incapable of discharging the duties of a guardian, or who 23 is otherwise unsuitable to perform the duties of a guardian, 24 shall be appointed to act as guardian. Further, no person who 25 has been judicially determined to have committed abuse, 26 abandonment, or neglect against a child as defined in s. 39.01 27 or s. 984.03(1), (2), and (37), or who has been found guilty 28 of, regardless of adjudication, or entered a plea of nolo 29 contendere or guilty to, any offense prohibited under s. 30 435.03 or under any similar statute of another jurisdiction, 31 shall be appointed to act as a guardian. Except as provided in 30 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 subsection (5) or subsection (6), a person who provides 2 substantial services to the proposed ward in a professional or 3 business capacity, or a creditor of the proposed ward, may not 4 be appointed guardian and retain that previous professional or 5 business relationship. A person may not be appointed a 6 guardian if he or she is in the employ of any person, agency, 7 government, or corporation that provides service to the 8 proposed ward in a professional or business capacity, except 9 that a person so employed may be appointed if he or she is the 10 spouse, adult child, parent, or sibling of the proposed ward 11 or the court determines that the potential conflict of 12 interest is insubstantial and that the appointment would 13 clearly be in the proposed ward's best interest. The court may 14 not appoint a guardian in any other circumstance in which a 15 conflict of interest may occur. 16 Section 73. For the purpose of incorporating the 17 amendment to section 435.03, Florida Statutes, in references 18 thereto, subsection (12) of section 744.474, Florida Statutes, 19 is reenacted to read: 20 744.474 Reasons for removal of guardian.--A guardian 21 may be removed for any of the following reasons, and the 22 removal shall be in addition to any other penalties prescribed 23 by law: 24 (12) Having been found guilty of, regardless of 25 adjudication, or entered a plea of nolo contendere or guilty 26 to, any offense prohibited under s. 435.03 or under any 27 similar statute of another jurisdiction. 28 Section 74. For the purpose of incorporating the 29 amendment to section 435.03, Florida Statutes, in references 30 thereto, subsection (4) of section 985.407, Florida Statutes, 31 is reenacted to read: 31 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 985.407 Departmental contracting powers; personnel 2 standards and screening.-- 3 (4) The department shall require employment screening 4 pursuant to chapter 435, using the level 1 standards for 5 screening set forth in that chapter, for personnel in 6 delinquency facilities, services, and programs. 7 Section 75. 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 39.001, 10 Florida Statutes, is reenacted to read: 11 39.001 Purposes and intent; personnel standards and 12 screening.-- 13 (2) DEPARTMENT CONTRACTS.--The department may contract 14 with the Federal Government, other state departments and 15 agencies, county and municipal governments and agencies, 16 public and private agencies, and private individuals and 17 corporations in carrying out the purposes of, and the 18 responsibilities established in, this chapter. 19 (b) The department shall require employment screening, 20 and rescreening no less frequently than once every 5 years, 21 pursuant to chapter 435, using the level 2 standards set forth 22 in that chapter for personnel in programs for children or 23 youths. 24 Section 76. For the purpose of incorporating the 25 amendment to section 435.04, Florida Statutes, in references 26 thereto, subsection (1) of section 39.821, Florida Statutes, 27 is reenacted to read: 28 39.821 Qualifications of guardians ad litem.-- 29 (1) Because of the special trust or responsibility 30 placed in a guardian ad litem, the Guardian Ad Litem Program 31 may use any private funds collected by the program, or any 32 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 state funds so designated, to conduct a security background 2 investigation before certifying a volunteer to serve. A 3 security background investigation must include, but need not 4 be limited to, employment history checks, checks of 5 references, local criminal records checks through local law 6 enforcement agencies, and statewide criminal records checks 7 through the Department of Law Enforcement. Upon request, an 8 employer shall furnish a copy of the personnel record for the 9 employee or former employee who is the subject of a security 10 background investigation conducted under this section. The 11 information contained in the personnel record may include, but 12 need not be limited to, disciplinary matters and the reason 13 why the employee was terminated from employment. An employer 14 who releases a personnel record for purposes of a security 15 background investigation is presumed to have acted in good 16 faith and is not liable for information contained in the 17 record without a showing that the employer maliciously 18 falsified the record. A security background investigation 19 conducted under this section must ensure that a person is not 20 certified as a guardian ad litem if the person has been 21 convicted of, regardless of adjudication, or entered a plea of 22 nolo contendere or guilty to, any offense prohibited under the 23 provisions of the Florida Statutes specified in s. 435.04(2) 24 or under any similar law in another jurisdiction. Before 25 certifying an applicant to serve as a guardian ad litem, the 26 chief judge of the circuit court may request a federal 27 criminal records check of the applicant through the Federal 28 Bureau of Investigation. In analyzing and evaluating the 29 information obtained in the security background investigation, 30 the program must give particular emphasis to past activities 31 involving children, including, but not limited to, 33 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 child-related criminal offenses or child abuse. The program 2 has the sole discretion in determining whether to certify a 3 person based on his or her security background investigation. 4 The information collected pursuant to the security background 5 investigation is confidential and exempt from s. 119.07(1). 6 Section 77. For the purpose of incorporating the 7 amendment to section 435.04, Florida Statutes, in references 8 thereto, paragraphs (a) and (c) of subsection (3) of section 9 110.1127, Florida Statutes, are reenacted to read: 10 110.1127 Employee security checks.-- 11 (3)(a) All positions in programs providing care to 12 children, the developmentally disabled, or vulnerable adults 13 for 15 hours or more per week; all permanent and temporary 14 employee positions of the central abuse hotline; and all 15 persons working under contract who have access to abuse 16 records are deemed to be persons and positions of special 17 trust or responsibility, and require employment screening 18 pursuant to chapter 435, using the level 2 standards set forth 19 in that chapter. 20 (c) All persons and employees in such positions of 21 trust or responsibility shall be required to undergo security 22 background investigations as a condition of employment and 23 continued employment. For the purposes of this subsection, 24 security background investigations shall be conducted as 25 provided in chapter 435, using the level 2 standards for 26 screening set forth in that chapter. 27 Section 78. For the purpose of incorporating the 28 amendment to section 435.04, Florida Statutes, in references 29 thereto, paragraph (a) of subsection (12) of section 112.0455, 30 Florida Statutes, is reenacted to read: 31 112.0455 Drug-Free Workplace Act.-- 34 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (12) DRUG-TESTING STANDARDS; LABORATORIES.-- 2 (a) A laboratory may analyze initial or confirmation 3 drug specimens only if: 4 1. The laboratory is licensed and approved by the 5 Agency for Health Care Administration using criteria 6 established by the United States Department of Health and 7 Human Services as general guidelines for modeling the state 8 drug testing program. Each applicant for licensure must comply 9 with the following requirements: 10 a. Upon receipt of a completed, signed, and dated 11 application, the agency shall require background screening, in 12 accordance with the level 2 standards for screening set forth 13 in chapter 435, of the managing employee, or other similarly 14 titled individual responsible for the daily operation of the 15 laboratory, and of the financial officer, or other similarly 16 titled individual who is responsible for the financial 17 operation of the laboratory, including billings for services. 18 The applicant must comply with the procedures for level 2 19 background screening as set forth in chapter 435, as well as 20 the requirements of s. 435.03(3). 21 b. The agency may require background screening of any 22 other individual who is an applicant if the agency has 23 probable cause to believe that he or she has been convicted of 24 an offense prohibited under the level 2 standards for 25 screening set forth in chapter 435. 26 c. Proof of compliance with the level 2 background 27 screening requirements of chapter 435 which has been submitted 28 within the previous 5 years in compliance with any other 29 health care licensure requirements of this state is acceptable 30 in fulfillment of screening requirements. 31 d. A provisional license may be granted to an 35 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 applicant when each individual required by this section to 2 undergo background screening has met the standards for the 3 Department of Law Enforcement background check, but the agency 4 has not yet received background screening results from the 5 Federal Bureau of Investigation, or a request for a 6 disqualification exemption has been submitted to the agency as 7 set forth in chapter 435, but a response has not yet been 8 issued. A license may be granted to the applicant upon the 9 agency's receipt of a report of the results of the Federal 10 Bureau of Investigation background screening for each 11 individual required by this section to undergo background 12 screening which confirms that all standards have been met, or 13 upon the granting of a disqualification exemption by the 14 agency as set forth in chapter 435. Any other person who is 15 required to undergo level 2 background screening may serve in 16 his or her capacity pending the agency's receipt of the report 17 from the Federal Bureau of Investigation. However, the person 18 may not continue to serve if the report indicates any 19 violation of background screening standards and a 20 disqualification exemption has not been requested of and 21 granted by the agency as set forth in chapter 435. 22 e. Each applicant must submit to the agency, with its 23 application, a description and explanation of any exclusions, 24 permanent suspensions, or terminations of the applicant from 25 the Medicare or Medicaid programs. Proof of compliance with 26 the requirements for disclosure of ownership and control 27 interests under the Medicaid or Medicare programs shall be 28 accepted in lieu of this submission. 29 f. Each applicant must submit to the agency a 30 description and explanation of any conviction of an offense 31 prohibited under the level 2 standards of chapter 435 by a 36 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 member of the board of directors of the applicant, its 2 officers, or any individual owning 5 percent or more of the 3 applicant. This requirement does not apply to a director of a 4 not-for-profit corporation or organization if the director 5 serves solely in a voluntary capacity for the corporation or 6 organization, does not regularly take part in the day-to-day 7 operational decisions of the corporation or organization, 8 receives no remuneration for his or her services on the 9 corporation or organization's board of directors, and has no 10 financial interest and has no family members with a financial 11 interest in the corporation or organization, provided that the 12 director and the not-for-profit corporation or organization 13 include in the application a statement affirming that the 14 director's relationship to the corporation satisfies the 15 requirements of this sub-subparagraph. 16 g. A license may not be granted to any applicant if 17 the applicant or managing employee has been found guilty of, 18 regardless of adjudication, or has entered a plea of nolo 19 contendere or guilty to, any offense prohibited under the 20 level 2 standards for screening set forth in chapter 435, 21 unless an exemption from disqualification has been granted by 22 the agency as set forth in chapter 435. 23 h. The agency may deny or revoke licensure if the 24 applicant: 25 (I) Has falsely represented a material fact in the 26 application required by sub-subparagraph e. or 27 sub-subparagraph f., or has omitted any material fact from the 28 application required by sub-subparagraph e. or 29 sub-subparagraph f.; or 30 (II) Has had prior action taken against the applicant 31 under the Medicaid or Medicare program as set forth in 37 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 sub-subparagraph e. 2 i. An application for license renewal must contain the 3 information required under sub-subparagraphs e. and f. 4 2. The laboratory has written procedures to ensure 5 chain of custody. 6 3. The laboratory follows proper quality control 7 procedures, including, but not limited to: 8 a. The use of internal quality controls including the 9 use of samples of known concentrations which are used to check 10 the performance and calibration of testing equipment, and 11 periodic use of blind samples for overall accuracy. 12 b. An internal review and certification process for 13 drug test results, conducted by a person qualified to perform 14 that function in the testing laboratory. 15 c. Security measures implemented by the testing 16 laboratory to preclude adulteration of specimens and drug test 17 results. 18 d. Other necessary and proper actions taken to ensure 19 reliable and accurate drug test results. 20 Section 79. For the purpose of incorporating the 21 amendment to section 435.04, Florida Statutes, in references 22 thereto, subsections (1), (2), and (4) of section 381.0059, 23 Florida Statutes, are reenacted to read: 24 381.0059 Background screening requirements for school 25 health services personnel.-- 26 (1) Pursuant to the provisions of chapter 435, any 27 person who provides services under a school health services 28 plan pursuant to s. 381.0056 must meet level 2 screening 29 requirements as described in s. 435.04. A person may satisfy 30 the requirements of this subsection by submitting proof of 31 compliance with the requirements of level 2 screening 38 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 conducted within 12 months before the date that person 2 initially provides services under a school health services 3 plan. 4 (2) A person may provide services under a school 5 health services plan pursuant to s. 381.0056 prior to the 6 completion of level 2 screening. However, pending the results 7 of the screening, such person may not be alone with a minor. 8 (4) Under penalty of perjury, each person who provides 9 services under a school health plan pursuant to s. 381.0056 10 must attest to meeting the level 2 screening requirements for 11 participation under the plan and agree to inform his or her 12 employer immediately if convicted of any disqualifying offense 13 while providing services under a plan. 14 Section 80. For the purpose of incorporating the 15 amendment to section 435.04, Florida Statutes, in references 16 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 17 subsection (1) of section 381.60225, Florida Statutes, are 18 reenacted to read: 19 381.60225 Background screening.-- 20 (1) Each applicant for certification must comply with 21 the following requirements: 22 (a) Upon receipt of a completed, signed, and dated 23 application, the Agency for Health Care Administration shall 24 require background screening, in accordance with the level 2 25 standards for screening set forth in chapter 435, of the 26 managing employee, or other similarly titled individual 27 responsible for the daily operation of the organization, 28 agency, or entity, and financial officer, or other similarly 29 titled individual who is responsible for the financial 30 operation of the organization, agency, or entity, including 31 billings for services. The applicant must comply with the 39 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 procedures for level 2 background screening as set forth in 2 chapter 435, as well as the requirements of s. 435.03(3). 3 (b) The Agency for Health Care Administration may 4 require background screening of any other individual who is an 5 applicant if the Agency for Health Care Administration has 6 probable cause to believe that he or she has been convicted of 7 a crime or has committed any other offense prohibited under 8 the level 2 standards for screening set forth in chapter 435. 9 (c) Proof of compliance with the level 2 background 10 screening requirements of chapter 435 which has been submitted 11 within the previous 5 years in compliance with any other 12 health care licensure requirements of this state is acceptable 13 in fulfillment of the requirements of paragraph (a). 14 (d) A provisional certification may be granted to the 15 organization, agency, or entity when each individual required 16 by this section to undergo background screening has met the 17 standards for the Department of Law Enforcement background 18 check, but the agency has not yet received background 19 screening results from the Federal Bureau of Investigation, or 20 a request for a disqualification exemption has been submitted 21 to the agency as set forth in chapter 435, but a response has 22 not yet been issued. A standard certification may be granted 23 to the organization, agency, or entity upon the agency's 24 receipt of a report of the results of the Federal Bureau of 25 Investigation background screening for each individual 26 required by this section to undergo background screening which 27 confirms that all standards have been met, or upon the 28 granting of a disqualification exemption by the agency as set 29 forth in chapter 435. Any other person who is required to 30 undergo level 2 background screening may serve in his or her 31 capacity pending the agency's receipt of the report from the 40 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 Federal Bureau of Investigation. However, the person may not 2 continue to serve if the report indicates any violation of 3 background screening standards and a disqualification 4 exemption has not been requested of and granted by the agency 5 as set forth in chapter 435. 6 (f) Each applicant must submit to the agency a 7 description and explanation of any conviction of an offense 8 prohibited under the level 2 standards of chapter 435 by a 9 member of the board of directors of the applicant, its 10 officers, or any individual owning 5 percent or more of the 11 applicant. This requirement does not apply to a director of a 12 not-for-profit corporation or organization if the director 13 serves solely in a voluntary capacity for the corporation or 14 organization, does not regularly take part in the day-to-day 15 operational decisions of the corporation or organization, 16 receives no remuneration for his or her services on the 17 corporation or organization's board of directors, and has no 18 financial interest and has no family members with a financial 19 interest in the corporation or organization, provided that the 20 director and the not-for-profit corporation or organization 21 include in the application a statement affirming that the 22 director's relationship to the corporation satisfies the 23 requirements of this paragraph. 24 (g) The agency may not certify any organization, 25 agency, or entity if any applicant or managing employee has 26 been found guilty of, regardless of adjudication, or has 27 entered a plea of nolo contendere or guilty to, any offense 28 prohibited under the level 2 standards for screening set forth 29 in chapter 435, unless an exemption from disqualification has 30 been granted by the agency as set forth in chapter 435. 31 Section 81. For the purpose of incorporating the 41 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 amendment to section 435.04, Florida Statutes, in references 2 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 3 subsection (7) of section 383.305, Florida Statutes, are 4 reenacted to read: 5 383.305 Licensure; issuance, renewal, denial, 6 suspension, revocation; fees; background screening.-- 7 (7) Each applicant for licensure must comply with the 8 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 2 standards for screening set forth 12 in chapter 435, of the managing employee, or other similarly 13 titled individual who is responsible for the daily operation 14 of the center, and of the financial officer, or other 15 similarly titled individual who is responsible for the 16 financial operation of the center, including billings for 17 patient care and services. The applicant must comply with the 18 procedures for level 2 background screening as set forth in 19 chapter 435 as well as the requirements of s. 435.03(3). 20 (b) The agency may require background screening of any 21 other individual who is an applicant if the agency has 22 probable cause to believe that he or she has been convicted of 23 a crime or has committed any other offense prohibited under 24 the level 2 standards for screening set forth in chapter 435. 25 (c) Proof of compliance with the level 2 background 26 screening requirements of chapter 435 which has been submitted 27 within the previous 5 years in compliance with any other 28 health care licensure requirements of this state is acceptable 29 in fulfillment of the requirements of paragraph (a). 30 (d) A provisional license may be granted to an 31 applicant when each individual required by this section to 42 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 undergo background screening has met the standards for the 2 Department of Law Enforcement background check, but the agency 3 has not yet received background screening results from the 4 Federal Bureau of Investigation, or a request for a 5 disqualification exemption has been submitted to the agency as 6 set forth in chapter 435 but a response has not yet been 7 issued. A standard license may be granted to the applicant 8 upon the agency's receipt of a report of the results of the 9 Federal Bureau of Investigation background screening for each 10 individual required by this section to undergo background 11 screening which confirms that all standards have been met, or 12 upon the granting of a disqualification exemption by the 13 agency as set forth in chapter 435. Any other person who is 14 required to undergo level 2 background screening may serve in 15 his or her capacity pending the agency's receipt of the report 16 from the Federal Bureau of Investigation. However, the person 17 may not continue to serve if the report indicates any 18 violation of background screening standards and a 19 disqualification exemption has not been requested of and 20 granted by the agency as set forth in chapter 435. 21 (f) Each applicant must submit to the agency a 22 description and explanation of any conviction of an offense 23 prohibited under the level 2 standards of chapter 435 by a 24 member of the board of directors of the applicant, its 25 officers, or any individual owning 5 percent or more of the 26 applicant. This requirement does not apply to a director of a 27 not-for-profit corporation or organization if the director 28 serves solely in a voluntary capacity for the corporation or 29 organization, does not regularly take part in the day-to-day 30 operational decisions of the corporation or organization, 31 receives no remuneration for his or her services on the 43 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 corporation or organization's board of directors, and has no 2 financial interest and has no family members with a financial 3 interest in the corporation or organization, provided that the 4 director and the not-for-profit corporation or organization 5 include in the application a statement affirming that the 6 director's relationship to the corporation satisfies the 7 requirements of this paragraph. 8 (g) A license may not be granted to an applicant if 9 the applicant or managing employee has been found guilty of, 10 regardless of adjudication, or has entered a plea of nolo 11 contendere or guilty to, any offense prohibited under the 12 level 2 standards for screening set forth in chapter 435, 13 unless an exemption from disqualification has been granted by 14 the agency as set forth in chapter 435. 15 Section 82. For the purpose of incorporating the 16 amendment to section 435.04, Florida Statutes, in references 17 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 18 subsection (3) of section 390.015, Florida Statutes, are 19 reenacted to read: 20 390.015 Application for license.-- 21 (3) 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, or other similarly 27 titled individual who is responsible for the daily operation 28 of the clinic, and financial officer, or other similarly 29 titled individual who is responsible for the financial 30 operation of the clinic, including billings for patient care 31 and services. The applicant must comply with the procedures 44 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 for level 2 background screening as set forth in chapter 435, 2 as well as the 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 45 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 83. Paragraph (a) of subsection (1) of section 30 394.4572, Florida Statutes, is amended to read: 31 394.4572 Screening of mental health personnel.-- 46 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 screening as set forth in chapter 435, as well as the 47 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 requirements of s. 435.03(3). 2 (b) The agency may require background screening of any 3 other individual who is an applicant if the agency 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 license 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, or a request for a 18 disqualification exemption has been submitted to the agency as 19 set forth in chapter 435, but a response has not yet been 20 issued. A standard license may be granted to the applicant 21 upon the agency's receipt of a report of the results of the 22 Federal Bureau of Investigation background screening for each 23 individual required by this section to undergo background 24 screening which confirms that all standards have been met, or 25 upon the granting of a disqualification exemption by the 26 agency as set forth in chapter 435. Any other person who is 27 required to undergo level 2 background screening may serve in 28 his or her capacity pending the agency's receipt of the report 29 from the Federal Bureau of Investigation. However, the person 30 may not continue to serve if the report indicates any 31 violation of background screening standards and a 48 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 85. For the purpose of incorporating the 29 amendment to section 435.04, Florida Statutes, in references 30 thereto, subsections (1), (2), (3), (4), (6), and (8) of 31 section 395.0055, Florida Statutes, are reenacted to read: 49 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 395.0055 Background screening.--Each applicant for 2 licensure must comply with the following requirements: 3 (1) Upon receipt of a completed, signed, and dated 4 application, the agency shall require background screening of 5 the managing employee in accordance with the level 2 standards 6 for screening set forth in chapter 435, as well as the 7 requirements of s. 435.03(3). 8 (2) The agency may require background screening for a 9 member of the board of directors of the licensee, or an 10 officer or an individual owning 5 percent or more of the 11 licensee, if the agency has probable cause to believe that 12 such individual has been convicted of an offense prohibited 13 under the level 2 standards for screening set forth in chapter 14 435. 15 (3) 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 licensure requirements of this state is acceptable 19 in fulfillment of subsection (1). 20 (4) 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 50 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 (6) 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. 17 (8) A license may not be granted to an applicant if 18 the applicant or managing employee has been found guilty of, 19 regardless of adjudication, or has entered a plea of nolo 20 contendere or guilty to, any offense prohibited under the 21 level 2 standards for screening set forth in chapter 435, 22 unless an exemption from disqualification has been granted by 23 the agency as set forth in chapter 435. 24 Section 86. For the purpose of incorporating the 25 amendment to section 435.04, Florida Statutes, in references 26 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 27 subsection (4) of section 395.0199, Florida Statutes, are 28 reenacted to read: 29 395.0199 Private utilization review.-- 30 (4) Each applicant for registration must comply with 31 the following requirements: 51 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (a) Upon receipt of a completed, signed, and dated 2 application, the agency shall require background screening, in 3 accordance with the level 2 standards for screening set forth 4 in chapter 435, of the managing employee or other similarly 5 titled individual who is responsible for the operation of the 6 entity. The applicant must comply with the procedures for 7 level 2 background screening as set forth in chapter 435, as 8 well as the requirements of s. 435.03(3). 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 licensure requirements of this state is acceptable 18 in fulfillment of the requirements of paragraph (a). 19 (d) A provisional registration may be granted to an 20 applicant when each individual required by this section to 21 undergo background screening has met the standards for the 22 Department of Law Enforcement background check, but the agency 23 has not yet received background screening results from the 24 Federal Bureau of Investigation, or a request for a 25 disqualification exemption has been submitted to the agency as 26 set forth in chapter 435 but a response has not yet been 27 issued. A standard registration may be granted to the 28 applicant upon the agency's receipt of a report of the results 29 of the Federal Bureau of Investigation background screening 30 for each individual required by this section to undergo 31 background screening which confirms that all standards have 52 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 been met, or upon the granting of a disqualification exemption 2 by the agency as set forth in chapter 435. Any other person 3 who is required to undergo level 2 background screening may 4 serve in his or her capacity pending the agency's receipt of 5 the report from the Federal Bureau of Investigation. However, 6 the person may not continue to serve if the report indicates 7 any violation of background screening standards and a 8 disqualification exemption has not been requested of and 9 granted by the agency as set forth in chapter 435. 10 (f) Each applicant must submit to the agency a 11 description and explanation of any conviction of an offense 12 prohibited under the level 2 standards of chapter 435 by a 13 member of the board of directors of the applicant, its 14 officers, or any individual owning 5 percent or more of the 15 applicant. This requirement does not apply to a director of a 16 not-for-profit corporation or organization if the director 17 serves solely in a voluntary capacity for the corporation or 18 organization, does not regularly take part in the day-to-day 19 operational decisions of the corporation or organization, 20 receives no remuneration for his or her services on the 21 corporation or organization's board of directors, and has no 22 financial interest and has no family members with a financial 23 interest in the corporation or organization, provided that the 24 director and the not-for-profit corporation or organization 25 include in the application a statement affirming that the 26 director's relationship to the corporation satisfies the 27 requirements of this paragraph. 28 (g) A registration may not be granted to an applicant 29 if the applicant or managing employee has been found guilty 30 of, regardless of adjudication, or has entered a plea of nolo 31 contendere or guilty to, any offense prohibited under the 53 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 level 2 standards for screening set forth in chapter 435, 2 unless an exemption from disqualification has been granted by 3 the agency as set forth in chapter 435. 4 Section 87. For the purpose of incorporating the 5 amendment to section 435.04, Florida Statutes, in references 6 thereto, paragraph (a) of subsection (1) of section 397.451, 7 Florida Statutes, is reenacted to read: 8 397.451 Background checks of service provider 9 personnel.-- 10 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 11 EXCEPTIONS.-- 12 (a) Background checks shall apply as follows: 13 1. All owners, directors, and chief financial officers 14 of service providers are subject to level 2 background 15 screening as provided under chapter 435. 16 2. All service provider personnel who have direct 17 contact with children receiving services or with adults who 18 are developmentally disabled receiving services are subject to 19 level 2 background screening as provided under chapter 435. 20 Section 88. For the purpose of incorporating the 21 amendment to section 435.04, Florida Statutes, in references 22 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection 23 (4) of section 400.071, Florida Statutes, are reenacted to 24 read: 25 400.071 Application for license.-- 26 (4) 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 54 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 subsection, the term "applicant" means the facility 2 administrator, or similarly titled individual who is 3 responsible for the day-to-day operation of the licensed 4 facility, and the facility financial officer, or similarly 5 titled individual who is responsible for the financial 6 operation of the licensed facility. 7 (b) The agency may require background screening for a 8 member of the board of directors of the licensee or an officer 9 or an individual owning 5 percent or more of the licensee if 10 the agency has probable cause to believe that such individual 11 has been convicted of an offense prohibited under the level 2 12 standards for screening set forth in chapter 435. 13 (c) Proof of compliance with the level 2 background 14 screening requirements of chapter 435 which has been submitted 15 within the previous 5 years in compliance with any other 16 health care or assisted living licensure requirements of this 17 state is acceptable in fulfillment of paragraph (a). Proof of 18 compliance with background screening which has been submitted 19 within the previous 5 years to fulfill the requirements of the 20 Financial Services Commission and the Office of Insurance 21 Regulation pursuant to chapter 651 as part of an application 22 for a certificate of authority to operate a continuing care 23 retirement community is acceptable in fulfillment of the 24 Department of Law Enforcement and Federal Bureau of 25 Investigation background check. 26 (d) A provisional license may be granted to an 27 applicant when each individual required by this section to 28 undergo background screening has met the standards for the 29 Department of Law Enforcement background check, but the agency 30 has not yet received background screening results from the 31 Federal Bureau of Investigation, or a request for a 55 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 disqualification exemption has been submitted to the agency as 2 set forth in chapter 435, but a response has not yet been 3 issued. A license may be granted to the applicant upon the 4 agency's receipt of a report of the results of the Federal 5 Bureau of Investigation background screening for each 6 individual required by this section to undergo background 7 screening which confirms that all standards have been met, or 8 upon the granting of a disqualification exemption by the 9 agency as set forth in chapter 435. Any other person who is 10 required to undergo level 2 background screening may serve in 11 his or her capacity pending the agency's receipt of the report 12 from the Federal Bureau of Investigation; however, the person 13 may not continue to serve if the report indicates any 14 violation of background screening standards and a 15 disqualification exemption has not been requested of and 16 granted by the agency as set forth in chapter 435. 17 (f) Each applicant must submit to the agency a 18 description and explanation of any conviction of an offense 19 prohibited under the level 2 standards of chapter 435 by a 20 member of the board of directors of the applicant, its 21 officers, or any individual owning 5 percent or more of the 22 applicant. This requirement shall not apply to a director of a 23 not-for-profit corporation or organization if the director 24 serves solely in a voluntary capacity for the corporation or 25 organization, does not regularly take part in the day-to-day 26 operational decisions of the corporation or organization, 27 receives no remuneration for his or her services on the 28 corporation or organization's board of directors, and has no 29 financial interest and has no family members with a financial 30 interest in the corporation or organization, provided that the 31 director and the not-for-profit corporation or organization 56 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 include in the application a statement affirming that the 2 director's relationship to the corporation satisfies the 3 requirements of this paragraph. 4 Section 89. For the purpose of incorporating the 5 amendment to section 435.04, Florida Statutes, in references 6 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 7 subsection (4) of section 400.471, Florida Statutes, are 8 reenacted to read: 9 400.471 Application for license; fee; provisional 10 license; temporary permit.-- 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 of 15 the applicant, in accordance with the level 2 standards for 16 screening set forth in chapter 435. As used in this 17 subsection, the term "applicant" means the administrator, or a 18 similarly titled person who is responsible for the day-to-day 19 operation of the licensed home health agency, and the 20 financial officer, or similarly titled individual who is 21 responsible for the financial operation of the licensed home 22 health agency. 23 (b) The agency may require background screening for a 24 member of the board of directors of the licensee or an officer 25 or an individual owning 5 percent or more of the licensee if 26 the agency reasonably suspects that such individual has been 27 convicted of an offense prohibited under the level 2 standards 28 for screening set forth in chapter 435. 29 (c) Proof of compliance with the level 2 background 30 screening requirements of chapter 435 which has been submitted 31 within the previous 5 years in compliance with any other 57 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 health care or assisted living licensure requirements of this 2 state is acceptable in fulfillment of paragraph (a). Proof of 3 compliance with background screening which has been submitted 4 within the previous 5 years to fulfill the requirements of the 5 Financial Services Commission and the Office of Insurance 6 Regulation pursuant to chapter 651 as part of an application 7 for a certificate of authority to operate a continuing care 8 retirement community is acceptable in fulfillment of the 9 Department of Law Enforcement and Federal Bureau of 10 Investigation background check. 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. A standard license may be 17 granted to the licensee upon the agency's receipt of a report 18 of the results of the Federal Bureau of Investigation 19 background screening for each individual required by this 20 section to undergo background screening which confirms that 21 all standards have been met, or upon the granting of a 22 disqualification exemption by the agency as set forth in 23 chapter 435. Any other person who is required to undergo level 24 2 background screening may serve in his or her capacity 25 pending the agency's receipt of the report from the Federal 26 Bureau of Investigation. However, the person may not continue 27 to serve if the report indicates any violation of background 28 screening standards and a disqualification exemption has not 29 been requested of and granted by the agency as set forth in 30 chapter 435. 31 (f) Each applicant must submit to the agency a 58 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 description and explanation of any conviction of an offense 2 prohibited under the level 2 standards of chapter 435 by a 3 member of the board of directors of the applicant, its 4 officers, or any individual owning 5 percent or more of the 5 applicant. This requirement does not apply to a director of a 6 not-for-profit corporation or organization if the director 7 serves solely in a voluntary capacity for the corporation or 8 organization, does not regularly take part in the day-to-day 9 operational decisions of the corporation or organization, 10 receives no remuneration for his or her services on the 11 corporation or organization's board of directors, and has no 12 financial interest and has no family members with a financial 13 interest in the corporation or organization, provided that the 14 director and the not-for-profit corporation or organization 15 include in the application a statement affirming that the 16 director's relationship to the corporation satisfies the 17 requirements of this paragraph. 18 (g) A license may not be granted to an applicant if 19 the applicant, administrator, or financial officer has been 20 found guilty of, regardless of adjudication, or has entered a 21 plea of nolo contendere or guilty to, any offense prohibited 22 under the level 2 standards for screening set forth in chapter 23 435, unless an exemption from disqualification has been 24 granted by the agency as set forth in chapter 435. 25 Section 90. For the purpose of incorporating the 26 amendment to section 435.04, Florida Statutes, in references 27 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 28 subsection (2) of section 400.506, Florida Statutes, are 29 reenacted to read: 30 400.506 Licensure of nurse registries; requirements; 31 penalties.-- 59 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (2) Each applicant for licensure must comply with the 2 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 daily operation 8 of the nurse registry, and of the financial officer, or other 9 similarly titled individual who is responsible for the 10 financial operation of the registry, including billings for 11 patient care and services. The applicant shall comply with the 12 procedures for level 2 background screening as set forth in 13 chapter 435. 14 (b) The agency may require background screening of any 15 other individual who is an applicant if the agency has 16 probable cause to believe that he or she has been convicted of 17 a crime or has committed any other offense prohibited under 18 the level 2 standards for screening set forth in chapter 435. 19 (c) Proof of compliance with the level 2 background 20 screening requirements of chapter 435 which has been submitted 21 within the previous 5 years in compliance with any other 22 health care or assisted living licensure requirements of this 23 state is acceptable in fulfillment of the requirements of 24 paragraph (a). 25 (d) A provisional license may be granted to an 26 applicant when each individual required by this section to 27 undergo background screening has met the standards for the 28 Department of Law Enforcement background check but the agency 29 has not yet received background screening results from the 30 Federal Bureau of Investigation. A standard license may be 31 granted to the applicant upon the agency's receipt of a report 60 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 of the results of the Federal Bureau of Investigation 2 background screening for each individual required by this 3 section to undergo background screening which confirms that 4 all standards have been met, or upon the granting of a 5 disqualification exemption by the agency as set forth in 6 chapter 435. Any other person who is required to undergo level 7 2 background screening may serve in his or her capacity 8 pending the agency's receipt of the report from the Federal 9 Bureau of Investigation. However, the person may not continue 10 to serve if the report indicates any violation of background 11 screening standards and a disqualification exemption has not 12 been requested of and granted by the agency as set forth in 13 chapter 435. 14 (f) Each applicant must submit to the agency a 15 description and explanation of any conviction of an offense 16 prohibited under the level 2 standards of chapter 435 by a 17 member of the board of directors of the applicant, its 18 officers, or any individual owning 5 percent or more of the 19 applicant. This requirement does not apply to a director of a 20 not-for-profit corporation or organization if the director 21 serves solely in a voluntary capacity for the corporation or 22 organization, does not regularly take part in the day-to-day 23 operational decisions of the corporation or organization, 24 receives no remuneration for his or her services on the 25 corporation or organization's board of directors, and has no 26 financial interest and has no family members with a financial 27 interest in the corporation or organization, provided that the 28 director and the not-for-profit corporation or organization 29 include in the application a statement affirming that the 30 director's relationship to the corporation satisfies the 31 requirements of this paragraph. 61 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (g) A license may not be granted to an applicant if 2 the applicant or managing employee has been found guilty of, 3 regardless of adjudication, or has entered a plea of nolo 4 contendere or guilty to, any offense prohibited under the 5 level 2 standards for screening set forth in chapter 435, 6 unless an exemption from disqualification has been granted by 7 the agency as set forth in chapter 435. 8 Section 91. For the purpose of incorporating the 9 amendment to section 435.04, Florida Statutes, in references 10 thereto, section 400.5572, Florida Statutes, is reenacted to 11 read: 12 400.5572 Background screening.-- 13 (1)(a) Level 2 background screening must be conducted 14 on each of the following persons, who shall be considered 15 employees for the purposes of conducting screening under 16 chapter 435: 17 1. The adult day care center owner if an individual, 18 the operator, and the financial officer. 19 2. An officer or board member if the owner of the 20 adult day care center is a firm, corporation, partnership, or 21 association, or any person owning 5 percent or more of the 22 facility, if the agency has probable cause to believe that 23 such person has been convicted of any offense prohibited by s. 24 435.04. For each officer, board member, or person owning 5 25 percent or more who has been convicted of any such offense, 26 the facility shall submit to the agency a description and 27 explanation of the conviction at the time of license 28 application. This subparagraph does not apply to a board 29 member of a not-for-profit corporation or organization if the 30 board member serves solely in a voluntary capacity, does not 31 regularly take part in the day-to-day operational decisions of 62 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 the corporation or organization, receives no remuneration for 2 his or her services, and has no financial interest and has no 3 family members with a financial interest in the corporation or 4 organization, provided that the board member and facility 5 submit a statement affirming that the board member's 6 relationship to the facility satisfies the requirements of 7 this subparagraph. 8 (b) Proof of compliance with level 2 screening 9 standards which has been submitted within the previous 5 years 10 to meet any facility or professional licensure requirements of 11 the agency or the Department of Health satisfies the 12 requirements of this subsection. 13 (c) The agency may grant a provisional license to an 14 adult day care center applying for an initial license when 15 each individual required by this subsection to undergo 16 screening has completed the Department of Law Enforcement 17 background check, but has not yet received results from the 18 Federal Bureau of Investigation, or when a request for an 19 exemption from disqualification has been submitted to the 20 agency pursuant to s. 435.07, but a response has not been 21 issued. 22 (2) The owner or administrator of an adult day care 23 center must conduct level 1 background screening as set forth 24 in chapter 435 on all employees hired on or after October 1, 25 1998, who provide basic services or supportive and optional 26 services to the participants. Such persons satisfy this 27 requirement if: 28 (a) Proof of compliance with level 1 screening 29 requirements obtained to meet any professional license 30 requirements in this state is provided and accompanied, under 31 penalty of perjury, by a copy of the person's current 63 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 professional license and an affidavit of current compliance 2 with the background screening requirements. 3 (b) The person required to be screened has been 4 continuously employed, without a breach in service that 5 exceeds 180 days, in the same type of occupation for which the 6 person is seeking employment and provides proof of compliance 7 with the level 1 screening requirement which is no more than 2 8 years old. Proof of compliance must be provided directly from 9 one employer or contractor to another, and not from the person 10 screened. Upon request, a copy of screening results shall be 11 provided to the person screened by the employer retaining 12 documentation of the screening. 13 (c) The person required to be screened is employed by 14 a corporation or business entity or related corporation or 15 business entity that owns, operates, or manages more than one 16 facility or agency licensed under this chapter, and for whom a 17 level 1 screening was conducted by the corporation or business 18 entity as a condition of initial or continued employment. 19 Section 92. For the purpose of incorporating the 20 amendment to section 435.04, Florida Statutes, in references 21 thereto, paragraph (a) of subsection (3) of section 400.607, 22 Florida Statutes, is reenacted to read: 23 400.607 Denial, suspension, or revocation of license; 24 imposition of administrative fine; grounds; injunctions.-- 25 (3) The agency may deny or revoke a license upon a 26 determination that: 27 (a) Persons subject to level 2 background screening 28 under s. 400.6065 do not meet the screening standards of s. 29 435.04, and exemptions from disqualification have not been 30 provided by the agency. 31 Section 93. For the purpose of incorporating the 64 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 amendment to section 435.04, Florida Statutes, in references 2 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 3 subsection (4) of section 400.801, Florida Statutes, are 4 reenacted to read: 5 400.801 Homes for special services.-- 6 (4) Each applicant for licensure must comply with the 7 following requirements: 8 (a) Upon receipt of a completed, signed, and dated 9 application, the agency shall require background screening, in 10 accordance with the level 2 standards for screening set forth 11 in chapter 435, of the managing employee, or other similarly 12 titled individual who is responsible for the daily operation 13 of the facility, and of the financial officer, or other 14 similarly titled individual who is responsible for the 15 financial operation of the facility, including billings for 16 client care and services, in accordance with the level 2 17 standards for screening set forth in chapter 435. The 18 applicant must comply with the procedures for level 2 19 background screening as set forth in chapter 435. 20 (b) The agency may require background screening of any 21 other individual who is an applicant if the agency has 22 probable cause to believe that he or she has been convicted of 23 a crime or has committed any other offense prohibited under 24 the level 2 standards for screening set forth in chapter 435. 25 (c) Proof of compliance with the level 2 background 26 screening requirements of chapter 435 which has been submitted 27 within the previous 5 years in compliance with any other 28 health care or assisted living licensure requirements of this 29 state is acceptable in fulfillment of the requirements of 30 paragraph (a). 31 (d) A provisional license may be granted to an 65 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 applicant when each individual required by this section to 2 undergo background screening has met the standards for the 3 Department of Law Enforcement background check, but the agency 4 has not yet received background screening results from the 5 Federal Bureau of Investigation, or a request for a 6 disqualification exemption has been submitted to the agency as 7 set forth in chapter 435, but a response has not yet been 8 issued. A standard license may be granted to the applicant 9 upon the agency's receipt of a report of the results of the 10 Federal Bureau of Investigation background screening for each 11 individual required by this section to undergo background 12 screening which confirms that all standards have been met, or 13 upon the granting of a disqualification exemption by the 14 agency as set forth in chapter 435. Any other person who is 15 required to undergo level 2 background screening may serve in 16 his or her capacity pending the agency's receipt of the report 17 from the Federal Bureau of Investigation. However, the person 18 may not continue to serve if the report indicates any 19 violation of background screening standards and a 20 disqualification exemption has not been requested of and 21 granted by the agency as set forth 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 by a 25 member of the board of directors of the applicant, its 26 officers, or any individual owning 5 percent or more of the 27 applicant. This requirement does not apply to a director of a 28 not-for-profit corporation or organization if the director 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, 66 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 receives no remuneration for his or her services on the 2 corporation or organization's board of directors, and has no 3 financial interest and has no family members with a financial 4 interest in the corporation or organization, provided that the 5 director and the not-for-profit corporation or organization 6 include in the application a statement affirming that the 7 director's relationship to the corporation satisfies the 8 requirements of this paragraph. 9 (g) A license may not be granted to an applicant if 10 the applicant or managing employee has been found guilty of, 11 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 94. For the purpose of incorporating the 17 amendment to section 435.04, Florida Statutes, in references 18 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 19 subsection (3) of section 400.805, Florida Statutes, are 20 reenacted to read: 21 400.805 Transitional living facilities.-- 22 (3) Each applicant for licensure must comply with the 23 following requirements: 24 (a) Upon receipt of a completed, signed, and dated 25 application, the agency shall require background screening, in 26 accordance with the level 2 standards for screening set forth 27 in chapter 435, of the managing employee, or other similarly 28 titled individual who is responsible for the daily operation 29 of the facility, and of the financial officer, or other 30 similarly titled individual who is responsible for the 31 financial operation of the facility, including billings for 67 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 client care and services. The applicant must comply with the 2 procedures for level 2 background screening as set forth in 3 chapter 435. 4 (b) The agency may require background screening of any 5 other individual who is an applicant if the agency has 6 probable cause to believe that he or she has been convicted of 7 a crime or has committed any other offense prohibited under 8 the level 2 standards for screening set forth in chapter 435. 9 (c) Proof of compliance with the level 2 background 10 screening requirements of chapter 435 which has been submitted 11 within the previous 5 years in compliance with any other 12 health care or assisted living licensure requirements of this 13 state is acceptable in fulfillment of the requirements of 14 paragraph (a). 15 (d) A provisional license may be granted to an 16 applicant when each individual required by this section to 17 undergo background screening has met the standards for the 18 Department of Law Enforcement background check, but the agency 19 has not yet received background screening results from the 20 Federal Bureau of Investigation, or a request for a 21 disqualification exemption has been submitted to the agency as 22 set forth in chapter 435, but a response has not yet been 23 issued. A standard license may be granted to the applicant 24 upon the agency's receipt of a report of the results of the 25 Federal Bureau of Investigation background screening for each 26 individual required by this section to undergo background 27 screening which confirms that all standards have been met, or 28 upon the granting of a disqualification exemption by the 29 agency as set forth in chapter 435. Any other person who is 30 required to undergo level 2 background screening may serve in 31 his or her capacity pending the agency's receipt of the report 68 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 from the Federal Bureau of Investigation. However, the person 2 may not continue to serve if the report indicates any 3 violation of background screening standards and a 4 disqualification exemption has not been requested of and 5 granted by the agency as set forth in chapter 435. 6 (f) Each applicant must submit to the agency a 7 description and explanation of any conviction of an offense 8 prohibited under the level 2 standards of chapter 435 by a 9 member of the board of directors of the applicant, its 10 officers, or any individual owning 5 percent or more of the 11 applicant. This requirement does not apply to a director of a 12 not-for-profit corporation or organization if the director 13 serves solely in a voluntary capacity for the corporation or 14 organization, does not regularly take part in the day-to-day 15 operational decisions of the corporation or organization, 16 receives no remuneration for his or her services on the 17 corporation or organization's board of directors, and has no 18 financial interest and has no family members with a financial 19 interest in the corporation or organization, provided that the 20 director and the not-for-profit corporation or organization 21 include in the application a statement affirming that the 22 director's relationship to the corporation satisfies the 23 requirements of this paragraph. 24 (g) A license may not be granted to an applicant if 25 the applicant or managing employee has been found guilty of, 26 regardless of adjudication, or has entered a plea of nolo 27 contendere or guilty to, any offense prohibited under the 28 level 2 standards for screening set forth in chapter 435, 29 unless an exemption from disqualification has been granted by 30 the agency as set forth in chapter 435. 31 Section 95. For the purpose of incorporating the 69 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 amendment to section 435.04, Florida Statutes, in references 2 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 3 subsection (5) of section 400.906, Florida Statutes, are 4 reenacted to read: 5 400.906 Initial application for license.-- 6 (5) Each applicant for licensure must comply with the 7 following requirements: 8 (a) Upon receipt of a completed, signed, and dated 9 application, the agency shall require background screening, in 10 accordance with the level 2 standards for screening set forth 11 in chapter 435, of the operator, and of the financial officer, 12 or other similarly titled individual who is responsible for 13 the financial operation of the center, including billings for 14 patient care and 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 a 19 reasonable basis for believing that he or she has been 20 convicted of a crime or has committed any other offense 21 prohibited under the level 2 standards for screening set forth 22 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 70 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 71 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 96. For the purpose of incorporating the 14 amendment to section 435.04, Florida Statutes, in references 15 thereto, paragraphs (a), (b), (c), (e), and (f) of subsection 16 (5) of section 400.931, Florida Statutes, are reenacted to 17 read: 18 400.931 Application for license; fee; provisional 19 license; temporary permit.-- 20 (5) Each applicant for licensure must comply with the 21 following requirements: 22 (a) Upon receipt of a completed, signed, and dated 23 application, the agency shall require background screening of 24 the applicant, in accordance with the level 2 standards for 25 screening set forth in chapter 435. As used in this 26 subsection, the term "applicant" means the general manager and 27 the financial officer or similarly titled individual who is 28 responsible for the financial operation of the licensed 29 facility. 30 (b) The agency may require background screening for a 31 member of the board of directors of the licensee or an officer 72 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 or an individual owning 5 percent or more of the licensee if 2 the agency has probable cause to believe that such individual 3 has been convicted of an offense prohibited under the level 2 4 standards for screening set forth in chapter 435. 5 (c) Proof of compliance with the level 2 background 6 screening requirements of chapter 435 which has been submitted 7 within the previous 5 years in compliance with any other 8 health care licensure requirements of this state is acceptable 9 in fulfillment of paragraph (a). 10 (e) Each applicant must submit to the agency a 11 description and explanation of any conviction of an offense 12 prohibited under the level 2 standards of chapter 435 by a 13 member of the board of directors of the applicant, its 14 officers, or any individual owning 5 percent or more of the 15 applicant. This requirement does not apply to a director of a 16 not-for-profit corporation or organization if the director 17 serves solely in a voluntary capacity for the corporation or 18 organization, does not regularly take part in the day-to-day 19 operational decisions of the corporation or organization, 20 receives no remuneration for his or her services on the 21 corporation's or organization's board of directors, and has no 22 financial interest and has no family members with a financial 23 interest in the corporation or organization, provided that the 24 director and the not-for-profit corporation or organization 25 include in the application a statement affirming that the 26 director's relationship to the corporation satisfies the 27 requirements of this provision. 28 (f) A license may not be granted to any potential 29 licensee if any applicant, administrator, or financial officer 30 has been found guilty of, regardless of adjudication, or has 31 entered a plea of nolo contendere or guilty to, any offense 73 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 prohibited under the level 2 standards for screening set forth 2 in chapter 435, unless an exemption from disqualification has 3 been granted by the agency as set forth in chapter 435. 4 Section 97. For the purpose of incorporating the 5 amendment to section 435.04, Florida Statutes, in references 6 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection 7 (10) of section 400.962, Florida Statutes, are reenacted to 8 read: 9 400.962 License required; license application.-- 10 (10)(a) Upon receipt of a completed, signed, and dated 11 application, the agency shall require background screening of 12 the applicant, in accordance with the level 2 standards for 13 screening set forth in chapter 435. As used in this 14 subsection, the term "applicant" means the facility 15 administrator, or similarly titled individual who is 16 responsible for the day-to-day operation of the licensed 17 facility, and the facility financial officer, or similarly 18 titled individual who is responsible for the financial 19 operation of the licensed facility. 20 (b) The agency may require background screening for a 21 member of the board of directors of the licensee or an officer 22 or an individual owning 5 percent or more of the licensee if 23 the agency has probable cause to believe that such individual 24 has been convicted of an offense prohibited under the level 2 25 standards for screening set forth in chapter 435. 26 (c) Proof of compliance with the level 2 background 27 screening requirements of chapter 435 which has been submitted 28 within the previous 5 years in compliance with any other 29 licensure requirements under this chapter satisfies the 30 requirements of paragraph (a). Proof of compliance with 31 background screening which has been submitted within the 74 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 previous 5 years to fulfill the requirements of the Financial 2 Services Commission and the Office of Insurance Regulation 3 under chapter 651 as part of an application for a certificate 4 of authority to operate a continuing care retirement community 5 satisfies the requirements for the Department of Law 6 Enforcement and Federal Bureau of Investigation background 7 checks. 8 (d) A provisional license may be granted to an 9 applicant when each individual required by this section to 10 undergo background screening has met the standards for the 11 Department of Law Enforcement background check, but the agency 12 has not yet received background screening results from the 13 Federal Bureau of Investigation, or a request for a 14 disqualification exemption has been submitted to the agency as 15 set forth in chapter 435, but a response has not yet been 16 issued. A license may be granted to the applicant upon the 17 agency's receipt of a report of the results of the Federal 18 Bureau of Investigation background screening for each 19 individual required by this section to undergo background 20 screening which confirms that all standards have been met, or 21 upon the granting of a disqualification exemption by the 22 agency as set forth in chapter 435. Any other person who is 23 required to undergo level 2 background screening may serve in 24 his or her capacity pending the agency's receipt of the report 25 from the Federal Bureau of Investigation; however, the person 26 may not continue to serve if the report indicates any 27 violation of background screening standards and a 28 disqualification exemption has not been granted by the agency 29 as set forth in chapter 435. 30 (f) Each applicant must submit to the agency a 31 description and explanation of any conviction of an offense 75 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 prohibited under the level 2 standards of chapter 435 by a 2 member of the board of directors of the applicant, its 3 officers, or any individual owning 5 percent or more of the 4 applicant. This requirement does not apply to a director of a 5 not-for-profit corporation or organization if the director 6 serves solely in a voluntary capacity for the corporation or 7 organization, does not regularly take part in the day-to-day 8 operational decisions of the corporation or organization, 9 receives no remuneration for his or her services on the 10 corporation's or organization's board of directors, and has no 11 financial interest and has no family members with a financial 12 interest in the corporation or organization, provided that the 13 director and the not-for-profit corporation or organization 14 include in the application a statement affirming that the 15 director's relationship to the corporation satisfies the 16 requirements of this paragraph. 17 Section 98. For the purpose of incorporating the 18 amendment to section 435.04, Florida Statutes, in references 19 thereto, paragraphs (b) and (d) of subsection (7) of section 20 400.991, Florida Statutes, are reenacted to read: 21 400.991 License requirements; background screenings; 22 prohibitions.-- 23 (7) Each applicant for licensure shall comply with the 24 following requirements: 25 (b) Upon receipt of a completed, signed, and dated 26 application, the agency shall require background screening of 27 the applicant, in accordance with the level 2 standards for 28 screening set forth in chapter 435. Proof of compliance with 29 the level 2 background screening requirements of chapter 435 30 which has been submitted within the previous 5 years in 31 compliance with any other health care licensure requirements 76 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 of this state is acceptable in fulfillment of this paragraph. 2 (d) A license may not be granted to a clinic if the 3 applicant has been found guilty of, regardless of 4 adjudication, or has entered a plea of nolo contendere or 5 guilty to, any offense prohibited under the level 2 standards 6 for screening set forth in chapter 435, or a violation of 7 insurance fraud under s. 817.234, within the past 5 years. If 8 the applicant has been convicted of an offense prohibited 9 under the level 2 standards or insurance fraud in any 10 jurisdiction, the applicant must show that his or her civil 11 rights have been restored prior to submitting an application. 12 Section 99. For the purpose of incorporating the 13 amendment to section 435.04, Florida Statutes, in references 14 thereto, paragraph (e) of subsection (2) of section 402.302, 15 Florida Statutes, is reenacted to read: 16 402.302 Definitions.-- 17 (2) "Child care facility" includes any child care 18 center or child care arrangement which provides child care for 19 more than five children unrelated to the operator and which 20 receives a payment, fee, or grant for any of the children 21 receiving care, wherever operated, and whether or not operated 22 for profit. The following are not included: 23 (e) Operators of transient establishments, as defined 24 in chapter 509, which provide child care services solely for 25 the guests of their establishment or resort, provided that all 26 child care personnel of the establishment are screened 27 according to the level 2 screening requirements of chapter 28 435. 29 Section 100. For the purpose of incorporating the 30 amendment to section 435.04, Florida Statutes, in references 31 thereto, paragraph (a) of subsection (2) of section 402.305, 77 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 Florida Statutes, is reenacted to read: 2 402.305 Licensing standards; child care facilities.-- 3 (2) PERSONNEL.--Minimum standards for child care 4 personnel shall include minimum requirements as to: 5 (a) Good moral character based upon screening. This 6 screening shall be conducted as provided in chapter 435, using 7 the level 2 standards for screening set forth in that chapter. 8 Section 101. For the purpose of incorporating the 9 amendment to section 435.04, Florida Statutes, in references 10 thereto, subsection (3) of section 402.3054, Florida Statutes, 11 is reenacted to read: 12 402.3054 Child enrichment service providers.-- 13 (3) A child enrichment service provider shall be of 14 good moral character based upon screening. This screening 15 shall be conducted as provided in chapter 435, using the level 16 2 standards for screening set forth in that chapter. A child 17 enrichment service provider must meet the screening 18 requirements prior to providing services to a child in a child 19 care facility. A child enrichment service provider who has met 20 the screening standards shall not be required to be under the 21 direct and constant supervision of child care personnel. 22 Section 102. For the purpose of incorporating the 23 amendment to section 435.04, Florida Statutes, in references 24 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of 25 subsection (2) of section 483.30, Florida Statutes, are 26 reenacted to read: 27 483.30 Licensing of centers.-- 28 (2) 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, in 78 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 accordance with the level 2 standards for screening set forth 2 in chapter 435, of the managing employee, or other similarly 3 titled individual who is responsible for the daily operation 4 of the center, and of the financial officer, or other 5 similarly titled individual who is responsible for the 6 financial operation of the center, including billings for 7 patient services. The applicant must comply with the 8 procedures for level 2 background screening as set forth in 9 chapter 435, as well as the requirements of s. 435.03(3). 10 (b) The agency may require background screening of any 11 other individual who is an applicant if the agency has 12 probable cause to believe that he or she has been convicted of 13 a crime or has committed any other offense prohibited under 14 the level 2 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 licensure requirements of this state is acceptable 19 in fulfillment of the requirements of 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 license may be granted to the applicant upon the 29 agency's receipt of a report of the results of the Federal 30 Bureau of Investigation background screening for each 31 individual required by this section to undergo background 79 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 80 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 103. 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 (2) of section 483.101, Florida Statutes, are 9 reenacted to read: 10 483.101 Application for clinical laboratory license.-- 11 (2) 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 director or other similarly 17 titled individual who is responsible for the daily operation 18 of the laboratory and of the financial officer, or other 19 similarly titled individual who is responsible for the 20 financial operation of the laboratory, including billings for 21 patient services. The applicant must comply with the 22 procedures for level 2 background screening as set forth in 23 chapter 435, as well as the requirements of s. 435.03(3). 24 (b) The agency may require background screening of any 25 other individual who is an applicant if the agency has 26 probable cause to believe that he or she has been convicted of 27 a crime or has committed any other offense prohibited under 28 the level 2 standards for screening set forth in chapter 435. 29 (c) Proof of compliance with the level 2 background 30 screening requirements of chapter 435 which has been submitted 31 within the previous 5 years in compliance with any other 81 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 license may be granted to the applicant upon the 12 agency's receipt of a report of the results of the Federal 13 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 82 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 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 104. For the purpose of incorporating the 20 amendment to section 435.04, Florida Statutes, in references 21 thereto, subsection (5) of section 744.1085, Florida Statutes, 22 is reenacted to read: 23 744.1085 Regulation of professional guardians; 24 application; bond required; educational requirements.-- 25 (5) As required in s. 744.3135, each professional 26 guardian shall allow a level 2 background screening of the 27 guardian and employees of the guardian in accordance with the 28 provisions of s. 435.04. 29 Section 105. For the purpose of incorporating the 30 amendment to section 435.04, Florida Statutes, in references 31 thereto, paragraph (b) of subsection (2) of section 984.01, 83 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 Florida Statutes, is reenacted to read: 2 984.01 Purposes and intent; personnel standards and 3 screening.-- 4 (2) The Department of Juvenile Justice or the 5 Department of Children and Family Services, as appropriate, 6 may contract with the Federal Government, other state 7 departments and agencies, county and municipal governments and 8 agencies, public and private agencies, and private individuals 9 and corporations in carrying out the purposes of, and the 10 responsibilities established in, this chapter. 11 (b) The Department of Juvenile Justice and the 12 Department of Children and Family Services shall require 13 employment screening pursuant to chapter 435, using the level 14 2 standards set forth in that chapter for personnel in 15 programs for children or youths. 16 Section 106. For the purpose of incorporating the 17 amendment to section 435.04, Florida Statutes, in references 18 thereto, paragraph (b) of subsection (2) of section 985.01, 19 Florida Statutes, is reenacted to read: 20 985.01 Purposes and intent; personnel standards and 21 screening.-- 22 (2) The Department of Juvenile Justice or the 23 Department of Children and Family Services, as appropriate, 24 may contract with the Federal Government, other state 25 departments and agencies, county and municipal governments and 26 agencies, public and private agencies, and private individuals 27 and corporations in carrying out the purposes of, and the 28 responsibilities established in, this chapter. 29 (b) The Department of Juvenile Justice and the 30 Department of Children and Family Services shall require 31 employment screening pursuant to chapter 435, using the level 84 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 2 standards set forth in that chapter for personnel in 2 programs for children or youths. 3 Section 107. For the purpose of incorporating the 4 amendment to section 435.04, Florida Statutes, in references 5 thereto, paragraphs (a) and (b) of subsection (7) of section 6 1002.36, Florida Statutes, are reenacted to read: 7 1002.36 Florida School for the Deaf and the Blind.-- 8 (7) PERSONNEL SCREENING.-- 9 (a) The Board of Trustees of the Florida School for 10 the Deaf and the Blind shall, because of the special trust or 11 responsibility of employees of the school, require all 12 employees and applicants for employment to undergo personnel 13 screening and security background investigations as provided 14 in chapter 435, using the level 2 standards for screening set 15 forth in that chapter, as a condition of employment and 16 continued employment. The cost of a personnel screening and 17 security background investigation for an employee of the 18 school shall be paid by the school. The cost of such a 19 screening and investigation for an applicant for employment 20 may be paid by the school. 21 (b) As a prerequisite for initial and continuing 22 employment at the Florida School for the Deaf and the Blind: 23 1. The applicant or employee shall submit to the 24 Florida School for the Deaf and the Blind a complete set of 25 fingerprints taken by an authorized law enforcement agency or 26 an employee of the Florida School for the Deaf and the Blind 27 who is trained to take fingerprints. The Florida School for 28 the Deaf and the Blind shall submit the fingerprints to the 29 Department of Law Enforcement for state processing and the 30 Federal Bureau of Investigation for federal processing. 31 2.a. The applicant or employee shall attest to the 85 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 minimum standards for good moral character as contained in 2 chapter 435, using the level 2 standards set forth in that 3 chapter under penalty of perjury. 4 b. New personnel shall be on a probationary status 5 pending a determination of compliance with such minimum 6 standards for good moral character. This paragraph is in 7 addition to any probationary status provided for by Florida 8 law or Florida School for the Deaf and the Blind rules or 9 collective bargaining contracts. 10 3. The Florida School for the Deaf and the Blind shall 11 review the record of the applicant or employee with respect to 12 the crimes contained in s. 435.04 and shall notify the 13 applicant or employee of its findings. When disposition 14 information is missing on a criminal record, it shall be the 15 responsibility of the applicant or employee, upon request of 16 the Florida School for the Deaf and the Blind, to obtain and 17 supply within 30 days the missing disposition information to 18 the Florida School for the Deaf and the Blind. Failure to 19 supply missing information within 30 days or to show 20 reasonable efforts to obtain such information shall result in 21 automatic disqualification of an applicant and automatic 22 termination of an employee. 23 4. After an initial personnel screening and security 24 background investigation, written notification shall be given 25 to the affected employee within a reasonable time prior to any 26 subsequent screening and investigation. 27 Section 108. For the purpose of incorporating the 28 amendments to sections 943.0585 and 943.059, Florida Statutes, 29 in references thereto, paragraph (a) of subsection (2) and 30 subsection (6) of section 943.0582, Florida Statutes, are 31 reenacted to read: 86 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 943.0582 Prearrest, postarrest, or teen court 2 diversion program expunction.-- 3 (2)(a) As used in this section, the term "expunction" 4 has the same meaning ascribed in and effect as s. 943.0585, 5 except that: 6 1. The provisions of s. 943.0585(4)(a) do not apply, 7 except that the criminal history record of a person whose 8 record is expunged pursuant to this section shall be made 9 available only to criminal justice agencies for the purpose of 10 determining eligibility for prearrest, postarrest, or teen 11 court diversion programs; when the record is sought as part of 12 a criminal investigation; or when the subject of the record is 13 a candidate for employment with a criminal justice agency. For 14 all other purposes, a person whose record is expunged under 15 this section may lawfully deny or fail to acknowledge the 16 arrest and the charge covered by the expunged record. 17 2. Records maintained by local criminal justice 18 agencies in the county in which the arrest occurred that are 19 eligible for expunction pursuant to this section shall be 20 sealed as the term is used in s. 943.059. 21 (6) Expunction or sealing granted under this section 22 does not prevent the minor who receives such relief from 23 petitioning for the expunction or sealing of a later criminal 24 history record as provided for in ss. 943.0585 and 943.059, if 25 the minor is otherwise eligible under those sections. 26 Section 109. For the purpose of incorporating the 27 amendment to section 943.059, Florida Statutes, in references 28 thereto, subsections (7), (8), and (9) of section 943.053, 29 Florida Statutes, are reenacted to read: 30 943.053 Dissemination of criminal justice information; 31 fees.-- 87 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (7) Notwithstanding the provisions of s. 943.0525, and 2 any user agreements adopted pursuant thereto, and 3 notwithstanding the confidentiality of sealed records as 4 provided for in s. 943.059, the sheriff of any county that has 5 contracted with a private entity to operate a county detention 6 facility pursuant to the provisions of s. 951.062 shall 7 provide that private entity, in a timely manner, copies of the 8 Florida criminal history records for its inmates. The sheriff 9 may assess a charge for the Florida criminal history records 10 pursuant to the provisions of chapter 119. Sealed records 11 received by the private entity under this section remain 12 confidential and exempt from the provisions of s. 119.07(1). 13 (8) Notwithstanding the provisions of s. 943.0525, and 14 any user agreements adopted pursuant thereto, and 15 notwithstanding the confidentiality of sealed records as 16 provided for in s. 943.059, the Department of Corrections 17 shall provide, in a timely manner, copies of the Florida 18 criminal history records for inmates housed in a private state 19 correctional facility to the private entity under contract to 20 operate the facility pursuant to the provisions of s. 944.105 21 or s. 957.03. The department may assess a charge for the 22 Florida criminal history records pursuant to the provisions of 23 chapter 119. Sealed records received by the private entity 24 under this section remain confidential and exempt from the 25 provisions of s. 119.07(1). 26 (9) Notwithstanding the provisions of s. 943.0525 and 27 any user agreements adopted pursuant thereto, and 28 notwithstanding the confidentiality of sealed records as 29 provided for in s. 943.059, the Department of Juvenile Justice 30 or any other state or local criminal justice agency may 31 provide copies of the Florida criminal history records for 88 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 juvenile offenders currently or formerly detained or housed in 2 a contracted juvenile assessment center or detention facility 3 or serviced in a contracted treatment program and for 4 employees or other individuals who will have access to these 5 facilities, only to the entity under direct contract with the 6 Department of Juvenile Justice to operate these facilities or 7 programs pursuant to the provisions of s. 985.411. The 8 criminal justice agency providing such data may assess a 9 charge for the Florida criminal history records pursuant to 10 the provisions of chapter 119. Sealed records received by the 11 private entity under this section remain confidential and 12 exempt from the provisions of s. 119.07(1). Information 13 provided under this section shall be used only for the 14 criminal justice purpose for which it was requested and may 15 not be further disseminated. 16 Section 110. Sections 393.135, 394.4593, and 916.1075, 17 Florida Statutes, as created by this act, shall apply to 18 offenses committed on or after July 1, 2004. 19 Section 111. (1) In the Department of Children and 20 Family Services' Economic Self-Sufficiency Services program, 21 the department may provide its eligibility determination 22 functions either with department staff or through contract 23 with at least two private vendors or with a combination of at 24 least one private vendor and department employees, with the 25 following restrictions: 26 (a) With the exception of information technology, no 27 contract with a private vendor shall be for a geographic area 28 larger than a combined seven districts or combined three zones 29 without the prior approval of the Legislative Budget 30 Commission; and 31 (b) Department employees must provide the functions in 89 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 at least one zone or combined 3 districts of the state if the 2 department's proposed cost is competitive with private 3 vendors. 4 (2) This section shall take effect upon this act 5 becoming a law. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 6, lines 13-18, delete those lines 13 14 and insert: 15 conforming cross-references; amending s. 16 400.215, F.S., and reenacting paragraphs (b) 17 and (c) of subsection (2) and subsection (3), 18 relating to background screening requirements 19 for certain nursing home personnel, for the 20 purpose of incorporating the amendments to ss. 21 435.03 and 435.04, F.S., in references thereto; 22 correcting a cross-reference; amending s. 23 400.964, F.S., and reenacting subsections (1), 24 (2), and (7), relating to background screening 25 requirements for certain personnel employed by 26 intermediate care facilities for the 27 developmentally disabled, for the purpose of 28 incorporating the amendments to ss. 435.03 and 29 435.04, F.S., in references thereto; correcting 30 a cross-reference; amending s. 435.045, F.S., 31 and reenacting paragraph (a) of subsection (1), 90 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 relating to requirements for the placement of 2 dependent children, for the purpose of 3 incorporating the amendment to s. 435.04, F.S., 4 in a reference thereto; correcting a 5 cross-reference; reenacting ss. 400.414(1)(f) 6 and (g), 400.4174, 400.509(4)(a), (b), (c), 7 (d), (f), and (g), 400.556(2)(c), 400.6065(1), 8 (2), and (4), 400.980(4)(a), (b), (c), (d), 9 (f), and (g), 409.175(2)(k), 409.907(8)(d), 10 435.05(1) and (3), 744.3135, and 985.04(2), 11 F.S., relating to denial, revocation, or 12 suspension of license to operate an assisted 13 living facility; background screening 14 requirements for certain personnel employed by 15 assisted living facilities; registration of 16 particular home health care service providers; 17 denial, suspension, or revocation of license to 18 operate adult day care centers; background 19 screening requirements for certain hospice 20 personnel; background screening requirements 21 for registrants of the health care service 22 pools; the definition of "screening" in 23 connection with the licensure of family foster 24 homes, residential child-caring agencies, and 25 child-placing agencies; background screening 26 requirements of Medicaid providers; employment 27 of persons in positions requiring background 28 screening; credit and criminal investigations 29 of guardians; and oaths, records, and 30 confidential information pertaining to juvenile 31 offenders, respectively, for the purpose of 91 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 incorporating the amendments to ss. 435.03 and 2 435.04, F.S., in references thereto; reenacting 3 ss. 400.512, 400.619(4), 400.6194(1), 400.953, 4 409.912(32), 435.07(4), 464.018(1)(e), 5 744.309(3), 744.474(12), and 985.407(4), F.S., 6 relating to background screening of home health 7 agency personnel, nurse registry personnel, 8 companions, and homemakers; application and 9 renewal of adult family-care home provider 10 licenses; denial, revocation, or suspension of 11 adult family-care home provider license; 12 background screening of home medical equipment 13 provider personnel and background screening 14 requirements for certain persons responsible 15 for managed care plans; exemptions from 16 disqualification from employment; denial of 17 nursing license and disciplinary actions 18 against such licensees; disqualification of 19 guardians; removal of guardians; and background 20 screening requirements for certain Department 21 of Juvenile Justice personnel, respectively, 22 for the purpose of incorporating the amendment 23 to s. 435.03, F.S., in references thereto; 24 reenacting ss. 39.001(2)(b), 39.821(1), 25 110.1127(3)(a) and (c), 112.0455(12)(a), 26 381.0059(1), (2), and (4), 381.60225(1)(a), 27 (b), (c), (d), (f), and (g), 383.305(7)(a), 28 (b), (c), (d), (f), and (g), 390.015(3)(a), 29 (b), (c), (d), (f), and (g), 394.875(13)(a), 30 (b), (c), (d), (f), and (g), 395.0055(1), (2), 31 (3), (4), (6), and (8), 395.0199(4)(a), (b), 92 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 (c), (d), (f), and (g), 397.451(1)(a), 2 400.071(4)(a), (b), (c), (d), and (f), 3 400.471(4)(a), (b), (c), (d), (f), and (g), 4 400.506(2)(a), (b), (c), (d), (f), and (g), 5 400.5572, 400.607(3)(a), 400.801(4)(a), (b), 6 (c), (d), (f), and (g), 400.805(3)(a), (b), 7 (c), (d), (f), and (g), 400.906(5)(a), (b), 8 (c), (d), (f), and (g), 400.931(5)(a), (b), 9 (c), (e), and (f), 400.962(10)(a), (b), (c), 10 (d), and (f), 400.991(7)(b) and (d), 11 402.302(2)(e), 402.305(2)(a), 402.3054(3), 12 483.30(2)(a), (b), (c), (d), (f), and (g), 13 483.101(2)(a), (b), (c), (d), (f), and (g), 14 744.1085(5), 984.01(2)(b), 985.01(2)(b), 15 1002.36(7)(a) and (b), F.S., relating to 16 background screening requirements for certain 17 Department of Children and Family Services 18 personnel; qualifications of guardians ad 19 litem; security checks of certain public 20 officers and employees; background screening 21 requirements of certain laboratory personnel in 22 connection with the Drug-Free Workplace Act; 23 background screening requirements for school 24 health services personnel; background screening 25 of certain personnel of the public health 26 system; background screening and licensure of 27 birth center personnel; background screening 28 and licensure of abortion clinic personnel; 29 background screening of direct service 30 providers; background screening and licensure 31 of personnel of intermediate care facilities 93 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 for the developmentally disabled; background 2 screening of mental health personnel; 3 background screening and licensure of personnel 4 of crisis stabilization units, residential 5 treatment facilities, and residential treatment 6 centers for children and adolescents; 7 background screening and licensure of personnel 8 of hospitals, ambulatory surgical centers, and 9 mobile surgical facilities; background 10 screening of certain personnel in connection 11 with registration for private utilization 12 reviews; background screening of certain 13 service provider personnel; background 14 screening and licensure of certain long-term 15 care facility personnel; background screening 16 and licensure of certain home health agency 17 personnel; background screening and licensure 18 of nurse registry applicants; background 19 screening of certain adult day care center 20 personnel; denial or revocation of hospice 21 license; background screening and licensure of 22 certain transitional living facility personnel; 23 background screening and licensure of certain 24 prescribed pediatric extended care center 25 personnel; background screening and licensure 26 of certain home medical equipment provider 27 personnel; background screening and licensure 28 of certain personnel of intermediate care 29 facilities for the developmentally disabled; 30 background screening and licensure of health 31 care clinic personnel; the definition of "child 94 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 care facility" in connection with background 2 screening of operators; background screening 3 requirements for personnel of child care 4 facilities; background screening requirements 5 for child enrichment service providers; 6 background screening and licensure of certain 7 personnel of multiphasic health testing 8 centers; background screening and licensure of 9 certain clinical laboratory personnel; 10 regulation of professional guardians; 11 background screening of certain Department of 12 Juvenile Justice and Department of Children and 13 Family Services personnel in connection with 14 programs for children and families in need of 15 services; and background screening of certain 16 Department of Juvenile Justice and Department 17 of Children and Family Services personnel in 18 connection with juvenile justice programs, 19 background screening of personnel of the 20 Florida School for the Deaf and the Blind, 21 respectively, for the purposes of incorporating 22 the amendment to s. 435.04, F.S., in references 23 thereto; amending s. 394.4572, F.S.; requiring 24 the department and the agency to check the 25 employment history of a person when screening 26 mental health personnel for employment; 27 reenacting s. 943.0582(2)(a) and (6), F.S., 28 relating to prearrest, postarrest, or teen 29 court diversion program expunction for the 30 purpose of incorporating the amendments to ss. 31 943.0585 and 943.059, F.S., in references 95 11:53 PM 04/26/04 s1280c2c-02j01
SENATE AMENDMENT Bill No. CS for CS for SB 1280 Amendment No. ___ Barcode 135396 1 thereto; reenacting s. 943.053(7), (8), and 2 (9), F.S., relating to dissemination of 3 criminal justice information, for the purpose 4 of incorporating the amendment to s. 943.059, 5 F.S., in references thereto; providing 6 applicability; directing the Department of 7 Children and Family Services to provide its 8 eligibility determination functions with 9 department staff or through contract, with 10 certain restrictions; conforming to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 96 11:53 PM 04/26/04 s1280c2c-02j01

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