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       Florida Senate - 2010                             CS for SB 1520
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Storms
       
       
       
       586-02745-10                                          20101520c1
    1                        A bill to be entitled                      
    2         An act relating to background screening; amending s.
    3         39.821, F.S.; revising background screening
    4         requirements for the Guardian Ad Litem Program;
    5         amending s. 215.5586, F.S.; removing reference to ch.
    6         435, F.S., for background screening of hurricane
    7         mitigation inspectors; amending s. 393.0655, F.S.;
    8         adding additional disqualifying offenses for the
    9         screening of direct service providers for persons with
   10         developmental disabilities; amending s. 394.4572,
   11         F.S.; revising background screening requirements for
   12         mental health personnel; amending s. 400.215, F.S.;
   13         revising background screening requirements for nursing
   14         home personnel; amending s. 400.506, F.S.; conforming
   15         provisions to changes made by the act; amending s.
   16         400.512, F.S.; revising background screening
   17         requirements for home health agency personnel, nurse
   18         registry personnel, and companions and homemakers;
   19         amending s. 400.6065, F.S.; revising background
   20         screening requirements for hospice personnel; amending
   21         s. 400.801, F.S.; revising background screening
   22         requirements for personnel at homes for special
   23         services; amending s. 400.805, F.S.; revising
   24         background screening requirements for transitional
   25         living facility personnel; creating s. 400.9065, F.S.;
   26         providing background screening requirements for
   27         prescribed pediatric extended care center personnel;
   28         amending s. 400.934, F.S.; revising minimum standards
   29         for home medical equipment providers; amending s.
   30         400.953, F.S.; revising background screening
   31         requirements for home medical equipment provider
   32         personnel; repealing s. 400.955, F.S., relating to the
   33         procedures for screening of home medical equipment
   34         provider personnel; amending s. 400.964, F.S.;
   35         revising background screening requirements for
   36         personnel at intermediate care facilities for
   37         developmentally disabled persons; amending s. 400.980,
   38         F.S.; revising background screening requirements for
   39         personnel at health care services pools; amending s.
   40         400.991, F.S.; revising background screening
   41         requirements for applicants and personnel at health
   42         care clinics; amending s. 408.806, F.S.; adding a
   43         requirement for an affidavit relating to background
   44         screening to the license application process under the
   45         Agency for Health Care Administration; amending s.
   46         408.808, F.S.; conforming provisions to changes made
   47         by the act; amending s. 408.809, F.S.; revising
   48         background screening requirements under the Agency for
   49         Health Care Administration; requiring electronic
   50         submission of fingerprints; amending s. 409.175, F.S.;
   51         revising background screening requirements for
   52         employees and volunteers in summer day camps and
   53         summer 24-hour camps; requiring drug testing for
   54         prospective and current foster parents; amending s.
   55         409.221, F.S.; revising background screening
   56         requirements for persons who render consumer-directed
   57         care; amending s. 409.907, F.S.; revising background
   58         screening requirements for Medicaid providers;
   59         amending s. 429.14, F.S.; revising administrative
   60         penalty provisions relating to assisted living
   61         facilities; amending s. 429.174, F.S.; revising
   62         background screening requirements for assisted living
   63         facility personnel; amending s. 429.67, F.S.; revising
   64         licensure requirements for adult family-care home
   65         personnel and household members; amending s. 429.69,
   66         F.S.; revising background screening requirements for
   67         adult family-care home personnel; amending s. 429.911,
   68         F.S.; revising administrative penalty provisions
   69         relating to adult day care centers; amending s.
   70         429.919, F.S.; revising background screening
   71         requirements for adult day care center personnel;
   72         creating s. 430.60, F.S.; providing background
   73         screening requirements for direct service providers
   74         under the Department of Elderly Affairs; amending s.
   75         435.01, F.S.; revising provisions related to the
   76         applicability of ch. 435, F.S., statutory references
   77         to the chapter, and rulemaking; providing construction
   78         with respect to the doctrine of incorporation by
   79         reference; amending s. 435.02, F.S.; revising and
   80         adding definitions; amending s. 435.03, F.S.; revising
   81         level 1 screening standards; adding disqualifying
   82         offenses; amending s. 435.04, F.S.; revising level 2
   83         screening standards; requiring electronic submission
   84         of fingerprints after a certain date; authorizing
   85         agencies to contract for electronic fingerprinting;
   86         adding disqualifying offenses; amending s. 435.05,
   87         F.S.; revising background check requirements for
   88         covered employees and employers; amending s. 435.06,
   89         F.S.; revising provisions relating to exclusion from
   90         employment; providing that an employer may not hire,
   91         select, or otherwise allow an employee contact with
   92         any vulnerable person until the screening process is
   93         completed; requiring removal of an employee arrested
   94         for disqualifying offenses from roles requiring
   95         background screening until the employee’s eligibility
   96         for employment is determined; amending s. 435.07,
   97         F.S.; revising provisions relating to exemptions from
   98         disqualification; amending s. 435.08, F.S.; revising
   99         provisions relating to the payment for processing of
  100         fingerprints and criminal history records checks;
  101         amending s. 464.203, F.S.; conforming provisions to
  102         changes made by the act; amending s. 489.115, F.S.;
  103         removing reference to ch. 435, F.S., for background
  104         screening of construction contractors; amending s.
  105         943.05, F.S.; revising provisions relating to the
  106         Criminal Justice Information Program under the
  107         Department of Law Enforcement; authorizing agencies to
  108         request the retention of certain fingerprints by the
  109         department; providing for rulemaking to require
  110         employers to keep the agencies informed of any change
  111         in the affiliation, employment, or contractual status
  112         of each person whose fingerprints are retained in
  113         certain circumstances; providing departmental duties
  114         upon notification that a federal fingerprint retention
  115         program is in effect; amending s. 943.053, F.S.;
  116         removing obsolete references relating to the
  117         dissemination of criminal justice information;
  118         amending s. 985.644, F.S.; revising background
  119         screening requirements for the Department of Juvenile
  120         Justice; authorizing rulemaking; amending ss.
  121         381.60225, 409.912, 464.018, 468.3101, 744.309,
  122         744.474, and 985.04, F.S.; conforming provisions to
  123         changes made to ch. 435, F.S., by the act; repealing
  124         s. 409.1758, F.S., relating to screening of summer
  125         camp personnel; repealing s. 456.039(4)(d), F.S.,
  126         relating to information required for licensure of
  127         designated health care professionals; providing for
  128         prospective application of the act; providing an
  129         effective date.
  130  
  131  Be It Enacted by the Legislature of the State of Florida:
  132  
  133         Section 1. Subsection (1) of section 39.821, Florida
  134  Statutes, is amended to read:
  135         39.821 Qualifications of guardians ad litem.—
  136         (1) Because of the special trust or responsibility placed
  137  in a guardian ad litem, the Guardian Ad Litem Program may use
  138  any private funds collected by the program, or any state funds
  139  so designated, to conduct a security background investigation
  140  before certifying a volunteer to serve. A security background
  141  investigation must include, but need not be limited to,
  142  employment history checks, checks of references, local criminal
  143  records checks through local law enforcement agencies, and
  144  statewide criminal records checks through the Department of Law
  145  Enforcement. Upon request, an employer shall furnish a copy of
  146  the personnel record for the employee or former employee who is
  147  the subject of a security background investigation conducted
  148  under this section. The information contained in the personnel
  149  record may include, but need not be limited to, disciplinary
  150  matters and the reason why the employee was terminated from
  151  employment. An employer who releases a personnel record for
  152  purposes of a security background investigation is presumed to
  153  have acted in good faith and is not liable for information
  154  contained in the record without a showing that the employer
  155  maliciously falsified the record. A security background
  156  investigation conducted under this section must ensure that a
  157  person is not certified as a guardian ad litem if the person has
  158  been convicted of, regardless of adjudication, or entered a plea
  159  of nolo contendere or guilty to, any offense prohibited under
  160  the provisions listed in s. 435.04. All applicants certified
  161  after July 1, 2010, must undergo a level 2 background screening
  162  pursuant to chapter 435 before being certified the provisions of
  163  the Florida Statutes specified in s. 435.04(2) or under any
  164  similar law in another jurisdiction. Before certifying an
  165  applicant to serve as a guardian ad litem, the Guardian Ad Litem
  166  Program may request a federal criminal records check of the
  167  applicant through the Federal Bureau of Investigation. In
  168  analyzing and evaluating the information obtained in the
  169  security background investigation, the program must give
  170  particular emphasis to past activities involving children,
  171  including, but not limited to, child-related criminal offenses
  172  or child abuse. The program has the sole discretion in
  173  determining whether to certify a person based on his or her
  174  security background investigation. The information collected
  175  pursuant to the security background investigation is
  176  confidential and exempt from s. 119.07(1).
  177         Section 2. Paragraph (b) of subsection (1) of section
  178  215.5586, Florida Statutes, is amended to read:
  179         215.5586 My Safe Florida Home Program.—There is established
  180  within the Department of Financial Services the My Safe Florida
  181  Home Program. The department shall provide fiscal
  182  accountability, contract management, and strategic leadership
  183  for the program, consistent with this section. This section does
  184  not create an entitlement for property owners or obligate the
  185  state in any way to fund the inspection or retrofitting of
  186  residential property in this state. Implementation of this
  187  program is subject to annual legislative appropriations. It is
  188  the intent of the Legislature that the My Safe Florida Home
  189  Program provide trained and certified inspectors to perform
  190  inspections for owners of site-built, single-family, residential
  191  properties and grants to eligible applicants as funding allows.
  192  The program shall develop and implement a comprehensive and
  193  coordinated approach for hurricane damage mitigation that may
  194  include the following:
  195         (1) HURRICANE MITIGATION INSPECTIONS.—
  196         (b) To qualify for selection by the department as a wind
  197  certification entity to provide hurricane mitigation
  198  inspections, the entity shall, at a minimum, meet the following
  199  requirements:
  200         1. Use hurricane mitigation inspectors who:
  201         a. Are certified as a building inspector under s. 468.607;
  202         b. Are licensed as a general or residential contractor
  203  under s. 489.111;
  204         c. Are licensed as a professional engineer under s. 471.015
  205  and who have passed the appropriate equivalency test of the
  206  building code training program as required by s. 553.841;
  207         d. Are licensed as a professional architect under s.
  208  481.213; or
  209         e. Have at least 2 years of experience in residential
  210  construction or residential building inspection and have
  211  received specialized training in hurricane mitigation
  212  procedures. Such training may be provided by a class offered
  213  online or in person.
  214         2. Use hurricane mitigation inspectors who also:
  215         a. Have undergone drug testing and a level 2 background
  216  screening checks pursuant to s. 435.04. The department may
  217  conduct criminal record checks of inspectors used by wind
  218  certification entities. Inspectors must submit a set of the
  219  fingerprints to the department for state and national criminal
  220  history checks and must pay the fingerprint processing fee set
  221  forth in s. 624.501. The fingerprints shall be sent by the
  222  department to the Department of Law Enforcement and forwarded to
  223  the Federal Bureau of Investigation for processing. The results
  224  shall be returned to the department for screening. The
  225  fingerprints shall be taken by a law enforcement agency,
  226  designated examination center, or other department-approved
  227  entity; and
  228         b. Have been certified, in a manner satisfactory to the
  229  department, to conduct the inspections.
  230         3. Provide a quality assurance program including a
  231  reinspection component.
  232         Section 3. Subsection (5) is added to section 393.0655,
  233  Florida Statutes, to read:
  234         393.0655 Screening of direct service providers.—
  235         (5)DISQUALIFYING OFFENSES.—The background screening
  236  conducted under this section must ensure that, in addition to
  237  the disqualifying offenses listed in s. 435.04, no person
  238  subject to the provisions of this section has an arrest awaiting
  239  final disposition for, has been found guilty of, regardless of
  240  adjudication, or entered a plea of nolo contendere or guilty to,
  241  or has been adjudicated delinquent and the record has not been
  242  sealed or expunged for, any offense prohibited under any of the
  243  following provisions of the Florida Statutes or under any
  244  similar statute of another jurisdiction:
  245         (a) Any authorizing statutes, if the offense was a felony.
  246         (b) This chapter, if the offense was a felony.
  247         (c) Section 409.920, relating to Medicaid provider fraud.
  248         (d) Section 409.9201, relating to Medicaid fraud.
  249         (e) Section 817.034, relating to fraudulent acts through
  250  mail, wire, radio, electromagnetic, photoelectronic, or
  251  photooptical systems.
  252         (f) Section 817.234, relating to false and fraudulent
  253  insurance claims.
  254         (g) Section 817.505, relating to patient brokering.
  255         (h) Section 817.568, relating to criminal use of personal
  256  identification information.
  257         (i) Section 817.60, relating to obtaining a credit card
  258  through fraudulent means.
  259         (j) Section 817.61, relating to fraudulent use of credit
  260  cards, if the offense was a felony.
  261         (k) Section 831.01, relating to forgery.
  262         (l) Section 831.02, relating to uttering forged
  263  instruments.
  264         (m) Section 831.07, relating to forging bank bills, checks,
  265  drafts, or promissory notes.
  266         (n) Section 831.09, relating to uttering forged bank bills,
  267  checks, drafts, or promissory notes.
  268         Section 4. Section 394.4572, Florida Statutes, is amended
  269  to read:
  270         394.4572 Screening of mental health personnel.—
  271         (1)(a) The department and the Agency for Health Care
  272  Administration shall require level 2 background employment
  273  screening pursuant to chapter 435 for mental health personnel
  274  using the standards for level 2 screening set forth in chapter
  275  435. “Mental health personnel” includes all program directors,
  276  professional clinicians, staff members, and volunteers working
  277  in public or private mental health programs and facilities who
  278  have direct contact with individuals held for examination or
  279  admitted for mental health treatment unmarried patients under
  280  the age of 18 years. For purposes of this chapter, employment
  281  screening of mental health personnel shall also include, but is
  282  not limited to, employment screening as provided under chapter
  283  435 and s. 408.809.
  284         (b) Students in the health care professions who are
  285  interning in a mental health facility licensed under chapter
  286  395, where the primary purpose of the facility is not the
  287  treatment of minors, are exempt from the fingerprinting and
  288  screening requirements if, provided they are under direct
  289  supervision in the actual physical presence of a licensed health
  290  care professional.
  291         (c) Mental health personnel working in a facility licensed
  292  under chapter 395 who have less than 15 hours per week of direct
  293  contact with patients or who are health care professionals
  294  licensed by the Agency for Health Care Administration or a board
  295  thereunder are exempt from the fingerprinting and screening
  296  requirements, except for persons working in mental health
  297  facilities where the primary purpose of the facility is the
  298  treatment of minors.
  299         (d) A volunteer who assists on an intermittent basis for
  300  less than 40 hours per month is exempt from the fingerprinting
  301  and screening requirements, provided the volunteer is under
  302  direct and constant supervision by persons who meet the
  303  screening requirements of paragraph (a).
  304         (2) The department or the Agency for Health Care
  305  Administration may grant exemptions from disqualification as
  306  provided in chapter 435 s. 435.06.
  307         (3) Prospective mental health personnel who have previously
  308  been fingerprinted or screened pursuant to this chapter, chapter
  309  393, chapter 397, chapter 402, or chapter 409, or teachers who
  310  have been fingerprinted pursuant to chapter 1012, who have not
  311  been unemployed for more than 90 days thereafter, and who under
  312  the penalty of perjury attest to the completion of such
  313  fingerprinting or screening and to compliance with the
  314  provisions of this section and the standards for level 1
  315  screening contained in chapter 435, shall not be required to be
  316  refingerprinted or rescreened in order to comply with any
  317  screening requirements of this part.
  318         Section 5. Section 400.215, Florida Statutes, is amended to
  319  read:
  320         400.215 Personnel screening requirement.—
  321         (1) The agency shall require level 2 background screening
  322  for personnel as required in s. 408.809(1)(e) pursuant to as
  323  provided in chapter 435 and s. 408.809. for all employees or
  324  prospective employees of facilities licensed under this part who
  325  are expected to, or whose responsibilities may require them to:
  326         (a) Provide personal care or services to residents;
  327         (b) Have access to resident living areas; or
  328         (c) Have access to resident funds or other personal
  329  property.
  330         (2) Employers and employees shall comply with the
  331  requirements of s. 435.05.
  332         (a) Notwithstanding the provisions of s. 435.05(1),
  333  facilities must have in their possession evidence that level 1
  334  screening has been completed before allowing an employee to
  335  begin working with patients as provided in subsection (1). All
  336  information necessary for conducting background screening using
  337  level 1 standards as specified in s. 435.03 shall be submitted
  338  by the nursing facility to the agency. Results of the background
  339  screening shall be provided by the agency to the requesting
  340  nursing facility.
  341         (b) Employees qualified under the provisions of paragraph
  342  (a) who have not maintained continuous residency within the
  343  state for the 5 years immediately preceding the date of request
  344  for background screening must complete level 2 screening, as
  345  provided in chapter 435. Such employees may work in a
  346  conditional status up to 180 days pending the receipt of written
  347  findings evidencing the completion of level 2 screening. Level 2
  348  screening shall not be required of employees or prospective
  349  employees who attest in writing under penalty of perjury that
  350  they meet the residency requirement. Completion of level 2
  351  screening shall require the employee or prospective employee to
  352  furnish to the nursing facility a full set of fingerprints to
  353  enable a criminal background investigation to be conducted. The
  354  nursing facility shall submit the completed fingerprint card to
  355  the agency. The agency shall establish a record of the request
  356  in the database provided for in paragraph (c) and forward the
  357  request to the Department of Law Enforcement, which is
  358  authorized to submit the fingerprints to the Federal Bureau of
  359  Investigation for a national criminal history records check. The
  360  results of the national criminal history records check shall be
  361  returned to the agency, which shall maintain the results in the
  362  database provided for in paragraph (c). The agency shall notify
  363  the administrator of the requesting nursing facility or the
  364  administrator of any other facility licensed under chapter 393,
  365  chapter 394, chapter 395, chapter 397, chapter 429, or this
  366  chapter, as requested by such facility, as to whether or not the
  367  employee has qualified under level 1 or level 2 screening. An
  368  employee or prospective employee who has qualified under level 2
  369  screening and has maintained such continuous residency within
  370  the state shall not be required to complete a subsequent level 2
  371  screening as a condition of employment at another facility.
  372         (c) The agency shall establish and maintain a database of
  373  background screening information which shall include the results
  374  of both level 1 and level 2 screening. The Department of Law
  375  Enforcement shall timely provide to the agency, electronically,
  376  the results of each statewide screening for incorporation into
  377  the database. The agency shall, upon request from any facility,
  378  agency, or program required by or authorized by law to screen
  379  its employees or applicants, notify the administrator of the
  380  facility, agency, or program of the qualifying or disqualifying
  381  status of the employee or applicant named in the request.
  382         (d) Applicants and employees shall be excluded from
  383  employment pursuant to s. 435.06.
  384         (3) The applicant is responsible for paying the fees
  385  associated with obtaining the required screening. Payment for
  386  the screening shall be submitted to the agency. The agency shall
  387  establish a schedule of fees to cover the costs of level 1 and
  388  level 2 screening. Facilities may reimburse employees for these
  389  costs. The Department of Law Enforcement shall charge the agency
  390  for a level 1 or level 2 screening a rate sufficient to cover
  391  the costs of such screening pursuant to s. 943.053(3). The
  392  agency shall, as allowable, reimburse nursing facilities for the
  393  cost of conducting background screening as required by this
  394  section. This reimbursement will not be subject to any rate
  395  ceilings or payment targets in the Medicaid Reimbursement plan.
  396         (4)(a) As provided in s. 435.07, the agency may grant an
  397  exemption from disqualification to an employee or prospective
  398  employee who is subject to this section and who has not received
  399  a professional license or certification from the Department of
  400  Health.
  401         (b) As provided in s. 435.07, the appropriate regulatory
  402  board within the Department of Health, or that department itself
  403  when there is no board, may grant an exemption from
  404  disqualification to an employee or prospective employee who is
  405  subject to this section and who has received a professional
  406  license or certification from the Department of Health or a
  407  regulatory board within that department.
  408         (5) Any provision of law to the contrary notwithstanding,
  409  persons who have been screened and qualified as required by this
  410  section and who have not been unemployed for more than 180 days
  411  thereafter, and who under penalty of perjury attest to not
  412  having been convicted of a disqualifying offense since the
  413  completion of such screening, shall not be required to be
  414  rescreened. An employer may obtain, pursuant to s. 435.10,
  415  written verification of qualifying screening results from the
  416  previous employer or other entity which caused such screening to
  417  be performed.
  418         (6) The agency and the Department of Health shall have
  419  authority to adopt rules pursuant to the Administrative
  420  Procedure Act to implement this section.
  421         (7) All employees shall comply with the requirements of
  422  this section by October 1, 1998. No current employee of a
  423  nursing facility as of the effective date of this act shall be
  424  required to submit to rescreening if the nursing facility has in
  425  its possession written evidence that the person has been
  426  screened and qualified according to level 1 standards as
  427  specified in s. 435.03(1). Any current employee who meets the
  428  level 1 requirement but does not meet the 5-year residency
  429  requirement as specified in this section must provide to the
  430  employing nursing facility written attestation under penalty of
  431  perjury that the employee has not been convicted of a
  432  disqualifying offense in another state or jurisdiction. All
  433  applicants hired on or after October 1, 1998, shall comply with
  434  the requirements of this section.
  435         (8) There is no monetary or unemployment liability on the
  436  part of, and no cause of action for damages arising against an
  437  employer that, upon notice of a disqualifying offense listed
  438  under chapter 435 or an act of domestic violence, terminates the
  439  employee against whom the report was issued, whether or not the
  440  employee has filed for an exemption with the Department of
  441  Health or the Agency for Health Care Administration.
  442         Section 6. Subsection (9) of section 400.506, Florida
  443  Statutes, is amended to read:
  444         400.506 Licensure of nurse registries; requirements;
  445  penalties.—
  446         (9) Each nurse registry must comply with the background
  447  screening requirements procedures set forth in s. 400.512 for
  448  maintaining records of the work history of all persons referred
  449  for contract and is subject to the standards and conditions set
  450  forth in that section. However, an initial screening may not be
  451  required for persons who have been continuously registered with
  452  the nurse registry since October 1, 2000.
  453         Section 7. Section 400.512, Florida Statutes, is amended to
  454  read:
  455         400.512 Screening of home health agency personnel; nurse
  456  registry personnel; and companions and homemakers.—The agency
  457  shall require level 2 background screening for personnel as
  458  required in s. 408.809(1)(e) pursuant to chapter 435 and s.
  459  408.809 employment or contractor screening as provided in
  460  chapter 435, using the level 1 standards for screening set forth
  461  in that chapter, for home health agency personnel; persons
  462  referred for employment by nurse registries; and persons
  463  employed by companion or homemaker services registered under s.
  464  400.509.
  465         (1)(a) The Agency for Health Care Administration may, upon
  466  request, grant exemptions from disqualification from employment
  467  or contracting under this section as provided in s. 435.07,
  468  except for health care practitioners licensed by the Department
  469  of Health or a regulatory board within that department.
  470         (b) The appropriate regulatory board within the Department
  471  of Health, or that department itself when there is no board,
  472  may, upon request of the licensed health care practitioner,
  473  grant exemptions from disqualification from employment or
  474  contracting under this section as provided in s. 435.07.
  475         (2) The administrator of each home health agency, the
  476  managing employee of each nurse registry, and the managing
  477  employee of each companion or homemaker service registered under
  478  s. 400.509 must sign an affidavit annually, under penalty of
  479  perjury, stating that all personnel hired or contracted with or
  480  registered on or after October 1, 2000, who enter the home of a
  481  patient or client in their service capacity have been screened.
  482         (3) As a prerequisite to operating as a home health agency,
  483  nurse registry, or companion or homemaker service under s.
  484  400.509, the administrator or managing employee, respectively,
  485  must submit to the agency his or her name and any other
  486  information necessary to conduct a complete screening according
  487  to this section. The agency shall submit the information to the
  488  Department of Law Enforcement for state processing. The agency
  489  shall review the record of the administrator or manager with
  490  respect to the offenses specified in this section and shall
  491  notify the owner of its findings. If disposition information is
  492  missing on a criminal record, the administrator or manager, upon
  493  request of the agency, must obtain and supply within 30 days the
  494  missing disposition information to the agency. Failure to supply
  495  missing information within 30 days or to show reasonable efforts
  496  to obtain such information will result in automatic
  497  disqualification.
  498         (4) Proof of compliance with the screening requirements of
  499  chapter 435 shall be accepted in lieu of the requirements of
  500  this section if the person has been continuously employed or
  501  registered without a breach in service that exceeds 180 days,
  502  the proof of compliance is not more than 2 years old, and the
  503  person has been screened by the Department of Law Enforcement. A
  504  home health agency, nurse registry, or companion or homemaker
  505  service registered under s. 400.509 shall directly provide proof
  506  of compliance to another home health agency, nurse registry, or
  507  companion or homemaker service registered under s. 400.509. The
  508  recipient home health agency, nurse registry, or companion or
  509  homemaker service registered under s. 400.509 may not accept any
  510  proof of compliance directly from the person who requires
  511  screening. Proof of compliance with the screening requirements
  512  of this section shall be provided upon request to the person
  513  screened by the home health agencies; nurse registries; or
  514  companion or homemaker services registered under s. 400.509.
  515         (5) There is no monetary liability on the part of, and no
  516  cause of action for damages arises against, a licensed home
  517  health agency, licensed nurse registry, or companion or
  518  homemaker service registered under s. 400.509, that, upon notice
  519  that the employee or contractor has been found guilty of,
  520  regardless of adjudication, or entered a plea of nolo contendere
  521  or guilty to, any offense prohibited under s. 435.03 or under
  522  any similar statute of another jurisdiction, terminates the
  523  employee or contractor, whether or not the employee or
  524  contractor has filed for an exemption with the agency in
  525  accordance with chapter 435 and whether or not the time for
  526  filing has expired.
  527         (6) The costs of processing the statewide correspondence
  528  criminal records checks must be borne by the home health agency;
  529  the nurse registry; or the companion or homemaker service
  530  registered under s. 400.509, or by the person being screened, at
  531  the discretion of the home health agency, nurse registry, or s.
  532  400.509 registrant.
  533         Section 8. Section 400.6065, Florida Statutes, is amended
  534  to read:
  535         400.6065 Background screening.—The agency shall require
  536  level 2 background employment or contractor screening for
  537  personnel as required in s. 408.809(1)(e) pursuant to chapter
  538  435 and s. 408.809 as provided in chapter 435, using the level 1
  539  standards for screening set forth in that chapter, for hospice
  540  personnel.
  541         Section 9. Subsection (2) of section 400.801, Florida
  542  Statutes, is amended to read:
  543         400.801 Homes for special services.—
  544         (2)(a) The requirements of part II of chapter 408 apply to
  545  the provision of services that require licensure pursuant to
  546  this section and part II of chapter 408 and entities licensed by
  547  or applying for such licensure from the agency pursuant to this
  548  section. A license issued by the agency is required in order to
  549  operate a home for special services in this state.
  550         (b) The agency shall require level 2 background screening
  551  for personnel as required in s. 408.809(1)(e) pursuant to
  552  chapter 435 and s. 408.809.
  553         Section 10. Paragraph (d) is added to subsection (2) of
  554  section 400.805, Florida Statutes, to read:
  555         400.805 Transitional living facilities.—
  556         (2)
  557         (d) The agency shall require level 2 background screening
  558  for personnel as required in s. 408.809(1)(e) pursuant to
  559  chapter 435 and s. 408.809.
  560         Section 11. Section 400.9065, Florida Statutes, is created
  561  to read:
  562         400.9065 Background screening.—The agency shall require
  563  level 2 background screening for personnel as required in s.
  564  408.809(1)(e) pursuant to chapter 435 and s. 408.809.
  565         Section 12. Subsection (16) of section 400.934, Florida
  566  Statutes, is amended to read:
  567         400.934 Minimum standards.—As a requirement of licensure,
  568  home medical equipment providers shall:
  569         (16) Establish procedures for maintaining a record of the
  570  employment history, including background screening as required
  571  by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
  572  medical equipment provider personnel. A home medical equipment
  573  provider must require its personnel to submit an employment
  574  history to the home medical equipment provider and must verify
  575  the employment history for at least the previous 5 years, unless
  576  through diligent efforts such verification is not possible.
  577  There is no monetary liability on the part of, and no cause of
  578  action for damages arising against a former employer, a
  579  prospective employee, or a prospective independent contractor
  580  with a licensed home medical equipment provider, who reasonably
  581  and in good faith communicates his or her honest opinions about
  582  a former employee’s job performance. This subsection does not
  583  affect the official immunity of an officer or employee of a
  584  public corporation.
  585         Section 13. Section 400.953, Florida Statutes, is amended
  586  to read:
  587         400.953 Background screening of home medical equipment
  588  provider personnel.—The agency shall require level 2 background
  589  screening for personnel as required in s. 408.809(1)(e) pursuant
  590  to chapter 435 and s. 408.809 employment screening as provided
  591  in chapter 435, using the level 1 standards for screening set
  592  forth in that chapter, for home medical equipment provider
  593  personnel.
  594         (1) The agency may grant exemptions from disqualification
  595  from employment under this section as provided in s. 435.07.
  596         (2) The general manager of each home medical equipment
  597  provider must sign an affidavit annually, under penalty of
  598  perjury, stating that all home medical equipment provider
  599  personnel hired on or after July 1, 1999, who enter the home of
  600  a patient in the capacity of their employment have been screened
  601  and that its remaining personnel have worked for the home
  602  medical equipment provider continuously since before July 1,
  603  1999.
  604         (3) Proof of compliance with the screening requirements of
  605  s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
  606  s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
  607  must be accepted in lieu of the requirements of this section if
  608  the person has been continuously employed in the same type of
  609  occupation for which he or she is seeking employment without a
  610  breach in service that exceeds 180 days, the proof of compliance
  611  is not more than 2 years old, and the person has been screened
  612  by the Department of Law Enforcement. An employer or contractor
  613  shall directly provide proof of compliance to another employer
  614  or contractor, and a potential employer or contractor may not
  615  accept any proof of compliance directly from the person
  616  requiring screening. Proof of compliance with the screening
  617  requirements of this section shall be provided, upon request, to
  618  the person screened by the home medical equipment provider.
  619         (4) There is no monetary liability on the part of, and no
  620  cause of action for damages arising against, a licensed home
  621  medical equipment provider that, upon notice that an employee
  622  has been found guilty of, regardless of adjudication, or entered
  623  a plea of nolo contendere or guilty to, any offense prohibited
  624  under s. 435.03 or under any similar statute of another
  625  jurisdiction, terminates the employee, whether or not the
  626  employee has filed for an exemption with the agency and whether
  627  or not the time for filing has expired.
  628         (5) The costs of processing the statewide correspondence
  629  criminal records checks must be borne by the home medical
  630  equipment provider or by the person being screened, at the
  631  discretion of the home medical equipment provider.
  632         (6) Neither the agency nor the home medical equipment
  633  provider may use the criminal records or juvenile records of a
  634  person for any purpose other than determining whether that
  635  person meets minimum standards of good moral character for home
  636  medical equipment provider personnel.
  637         (7)(a) It is a misdemeanor of the first degree, punishable
  638  as provided in s. 775.082 or s. 775.083, for any person
  639  willfully, knowingly, or intentionally to:
  640         1. Fail, by false statement, misrepresentation,
  641  impersonation, or other fraudulent means, to disclose in any
  642  application for paid employment a material fact used in making a
  643  determination as to the person’s qualifications to be an
  644  employee under this section;
  645         2. Operate or attempt to operate an entity licensed under
  646  this part with persons who do not meet the minimum standards for
  647  good moral character as contained in this section; or
  648         3. Use information from the criminal records obtained under
  649  this section for any purpose other than screening that person
  650  for employment as specified in this section, or release such
  651  information to any other person for any purpose other than
  652  screening for employment under this section.
  653         (b) It is a felony of the third degree, punishable as
  654  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  655  person willfully, knowingly, or intentionally to use information
  656  from the juvenile records of a person obtained under this
  657  section for any purpose other than screening for employment
  658  under this section.
  659         Section 14. Section 400.955, Florida Statutes, is repealed.
  660         Section 15. Section 400.964, Florida Statutes, is amended
  661  to read:
  662         400.964 Personnel screening requirement.—
  663         (1) The agency shall require level 2 background screening
  664  for personnel as required in s. 408.809(1)(e) pursuant to
  665  chapter 435 and s. 408.809 as provided in chapter 435 for all
  666  employees or prospective employees of facilities licensed under
  667  this part who are expected to be, or whose responsibilities are
  668  such that they would be considered to be, a direct service
  669  provider.
  670         (2) Employers and employees shall comply with the
  671  requirements of chapter 435.
  672         (3) Applicants and employees shall be excluded from
  673  employment pursuant to s. 435.06.
  674         (4) The applicant is responsible for paying the fees
  675  associated with obtaining the required screening. Payment for
  676  the screening must be submitted to the agency as prescribed by
  677  the agency.
  678         (5) Notwithstanding any other provision of law, persons who
  679  have been screened and qualified as required by this section and
  680  who have not been unemployed for more than 180 days thereafter,
  681  and who under penalty of perjury attest to not having been
  682  convicted of a disqualifying offense since the completion of
  683  such screening are not required to be rescreened. An employer
  684  may obtain, pursuant to s. 435.10, written verification of
  685  qualifying screening results from the previous employer or other
  686  entity that caused such screening to be performed.
  687         (6) The agency may adopt rules to administer this section.
  688         (7) All employees must comply with the requirements of this
  689  section by October 1, 2000. A person employed by a facility
  690  licensed pursuant to this part as of the effective date of this
  691  act is not required to submit to rescreening if the facility has
  692  in its possession written evidence that the person has been
  693  screened and qualified according to level 1 standards as
  694  specified in s. 435.03. Any current employee who meets the level
  695  1 requirement but does not meet the 5-year residency requirement
  696  must provide to the employing facility written attestation under
  697  penalty of perjury that the employee has not been convicted of a
  698  disqualifying offense in another state or jurisdiction. All
  699  applicants hired on or after October 1, 1999, must comply with
  700  the requirements of this section.
  701         (8) There is no monetary or unemployment liability on the
  702  part of, and no cause of action for damages arises against an
  703  employer that, upon notice of a disqualifying offense listed
  704  under chapter 435 or an act of domestic violence, terminates the
  705  employee, whether or not the employee has filed for an exemption
  706  with the Department of Health or the Agency for Health Care
  707  Administration.
  708         Section 16. Subsection (3) of section 400.980, Florida
  709  Statutes, is amended to read:
  710         400.980 Health care services pools.—
  711         (3) Upon receipt of a completed, signed, and dated
  712  application, The agency shall require level 2 background
  713  screening for personnel as required in s. 408.809(1)(e) pursuant
  714  to chapter 435 and s. 408.809, in accordance with the level 1
  715  standards for screening set forth in chapter 435, of every
  716  individual who will have contact with patients.
  717         Section 17. Subsection (5) of section 400.991, Florida
  718  Statutes, is amended to read:
  719         400.991 License requirements; background screenings;
  720  prohibitions.—
  721         (5) Each applicant for licensure shall comply with the
  722  following requirements:
  723         (a) As used in this subsection, the term “applicant” means
  724  individuals owning or controlling, directly or indirectly, 5
  725  percent or more of an interest in a clinic; the medical or
  726  clinic director, or a similarly titled person who is responsible
  727  for the day-to-day operation of the licensed clinic; the
  728  financial officer or similarly titled individual who is
  729  responsible for the financial operation of the clinic; and
  730  licensed health care practitioners at the clinic.
  731         (b) Upon receipt of a completed, signed, and dated
  732  application, The agency shall require level 2 background
  733  screening for applicants and personnel as required in s.
  734  408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
  735  applicant, in accordance with the level 2 standards for
  736  screening set forth in chapter 435. Proof of compliance with the
  737  level 2 background screening requirements of chapter 435 which
  738  has been submitted within the previous 5 years in compliance
  739  with any other health care licensure requirements of this state
  740  is acceptable in fulfillment of this paragraph. Applicants who
  741  own less than 10 percent of a health care clinic are not
  742  required to submit fingerprints under this section.
  743         (c) Each applicant must submit to the agency, with the
  744  application, a description and explanation of any exclusions,
  745  permanent suspensions, or terminations of an applicant from the
  746  Medicare or Medicaid programs. Proof of compliance with the
  747  requirements for disclosure of ownership and control interest
  748  under the Medicaid or Medicare programs may be accepted in lieu
  749  of this submission. The description and explanation may indicate
  750  whether such exclusions, suspensions, or terminations were
  751  voluntary or not voluntary on the part of the applicant.
  752         (d) A license may not be granted to a clinic if the
  753  applicant has been found guilty of, regardless of adjudication,
  754  or has entered a plea of nolo contendere or guilty to, any
  755  offense prohibited under the level 2 standards for screening set
  756  forth in chapter 435, or a violation of insurance fraud under s.
  757  817.234, within the past 5 years. If the applicant has been
  758  convicted of an offense prohibited under the level 2 standards
  759  or insurance fraud in any jurisdiction, the applicant must show
  760  that his or her civil rights have been restored prior to
  761  submitting an application.
  762         Section 18. Paragraph (h) is added to subsection (1) of
  763  section 408.806, Florida Statutes, to read:
  764         408.806 License application process.—
  765         (1) An application for licensure must be made to the agency
  766  on forms furnished by the agency, submitted under oath, and
  767  accompanied by the appropriate fee in order to be accepted and
  768  considered timely. The application must contain information
  769  required by authorizing statutes and applicable rules and must
  770  include:
  771         (h)An affidavit, under penalty of perjury, as required in
  772  s. 435.05(3), stating compliance with the provisions of this
  773  section and chapter 435.
  774         Section 19. Subsection (2) of section 408.808, Florida
  775  Statutes, is amended to read:
  776         408.808 License categories.—
  777         (2) PROVISIONAL LICENSE.—A provisional license may be
  778  issued to an applicant pursuant to s. 408.809(3). An applicant
  779  against whom a proceeding denying or revoking a license is
  780  pending at the time of license renewal may be issued a
  781  provisional license effective until final action not subject to
  782  further appeal. A provisional license may also be issued to an
  783  applicant applying for a change of ownership. A provisional
  784  license shall be limited in duration to a specific period of
  785  time, not to exceed 12 months, as determined by the agency.
  786         Section 20. Section 408.809, Florida Statutes, is amended
  787  to read:
  788         408.809 Background screening; prohibited offenses.—
  789         (1) Level 2 background screening pursuant to chapter 435
  790  must be conducted through the agency on each of the following
  791  persons, who shall be considered an employee for the purposes of
  792  conducting screening under chapter 435:
  793         (a) The licensee, if an individual.
  794         (b) The administrator or a similarly titled person who is
  795  responsible for the day-to-day operation of the provider.
  796         (c) The financial officer or similarly titled individual
  797  who is responsible for the financial operation of the licensee
  798  or provider.
  799         (d) Any person who is a controlling interest if the agency
  800  has reason to believe that such person has been convicted of any
  801  offense prohibited by s. 435.04. For each controlling interest
  802  who has been convicted of any such offense, the licensee shall
  803  submit to the agency a description and explanation of the
  804  conviction at the time of license application.
  805         (e) Any person, as required by authorizing statutes,
  806  seeking employment with a licensee or provider who is expected
  807  to, or whose responsibilities may require him or her to, provide
  808  personal care or services directly to clients or have access to
  809  client funds, personal property, or living areas; and any
  810  person, as required by authorizing statutes, contracting with a
  811  licensee or provider whose responsibilities require him or her
  812  to provide personal care or personal services directly to
  813  clients. Evidence of contractor screening may be retained by the
  814  contractor’s employer or the licensee.
  815         (2) Every 5 years following his or her licensure,
  816  employment, or entry into a contract in a capacity that under
  817  subsection (1) would require level 2 background screening under
  818  chapter 435, each such person must submit to level 2 background
  819  rescreening as a condition of retaining such license or
  820  continuing in such employment or contractual status. For any
  821  such rescreening, the agency shall request the Department of Law
  822  Enforcement to forward the person’s fingerprints to the Federal
  823  Bureau of Investigation for a national criminal history record
  824  check. If the fingerprints of such a person are not retained by
  825  the Department of Law Enforcement under s. 943.05(2)(g), the
  826  person must file a complete set of fingerprints with the agency
  827  and the agency shall forward the fingerprints to the Department
  828  of Law Enforcement for state processing, and the Department of
  829  Law Enforcement shall forward the fingerprints to the Federal
  830  Bureau of Investigation for a national criminal history record
  831  check. The fingerprints may be retained by the Department of Law
  832  Enforcement under s. 943.05(2)(g). The cost of the state and
  833  national criminal history records checks required by level 2
  834  screening may be borne by the licensee or the person
  835  fingerprinted. Proof of compliance with level 2 screening
  836  standards submitted within the previous 5 years to meet any
  837  provider or professional licensure requirements of the agency,
  838  the Department of Health, the Agency for Persons with
  839  Disabilities, or the Department of Children and Family Services,
  840  or the Department of Financial Services for an applicant for a
  841  certificate of authority or provisional certificate of authority
  842  to operate a continuing care retirement community under chapter
  843  651 satisfies the requirements of this section, provided that
  844  the person subject to screening has not been unemployed for more
  845  than 90 days and such proof is accompanied, under penalty of
  846  perjury, by an affidavit of compliance with the provisions of
  847  chapter 435 and this section using forms provided by the agency.
  848  Proof of compliance with the background screening requirements
  849  of the Department of Financial Services submitted within the
  850  previous 5 years for an applicant for a certificate of authority
  851  to operate a continuing care retirement community under chapter
  852  651 satisfies the Department of Law Enforcement and Federal
  853  Bureau of Investigation portions of a level 2 background check.
  854         (3) All fingerprints must be provided in electronic format.
  855  Screening results shall be reviewed by the agency with respect
  856  to the offenses specified in s. 435.04 and this section, and the
  857  qualifying or disqualifying status of the person named in the
  858  request shall be maintained in a database. The qualifying or
  859  disqualifying status of the person named in the request shall be
  860  posted on a secure website for retrieval by the licensee or
  861  designated agent on the licensee’s behalf. A provisional license
  862  may be granted to an applicant when each individual required by
  863  this section to undergo background screening has met the
  864  standards for the Department of Law Enforcement background check
  865  but the agency has not yet received background screening results
  866  from the Federal Bureau of Investigation. A standard license may
  867  be granted to the licensee upon the agency’s receipt of a report
  868  of the results of the Federal Bureau of Investigation background
  869  screening for each individual required by this section to
  870  undergo background screening that confirms that all standards
  871  have been met or upon the granting of an exemption from
  872  disqualification by the agency as set forth in chapter 435.
  873         (4) When a person is newly employed in a capacity that
  874  requires screening under this section, the licensee must notify
  875  the agency of the change within the time period specified in the
  876  authorizing statute or rules and must submit to the agency
  877  information necessary to conduct level 2 screening or provide
  878  evidence of compliance with background screening requirements of
  879  this section. The person may serve in his or her capacity
  880  pending the agency’s receipt of the report from the Federal
  881  Bureau of Investigation if he or she has met the standards for
  882  the Department of Law Enforcement background check. However, the
  883  person may not continue to serve in his or her capacity if the
  884  report indicates any violation of background screening standards
  885  unless an exemption from disqualification has been granted by
  886  the agency as set forth in chapter 435.
  887         (4)(5)Effective October 1, 2009, In addition to the
  888  offenses listed in s. ss. 435.03 and 435.04, all persons
  889  required to undergo background screening pursuant to this part
  890  or authorizing statutes must not have an arrest awaiting final
  891  disposition for, must not have been found guilty of, regardless
  892  of adjudication, or entered a plea of nolo contendere or guilty
  893  to, and must not have been adjudicated delinquent and the record
  894  not have been sealed or expunged for any of the following
  895  offenses or any similar offense of another jurisdiction:
  896         (a) Any authorizing statutes, if the offense was a felony.
  897         (b) This chapter, if the offense was a felony.
  898         (c) Section 409.920, relating to Medicaid provider fraud,
  899  if the offense was a felony.
  900         (d) Section 409.9201, relating to Medicaid fraud, if the
  901  offense was a felony.
  902         (e) Section 741.28, relating to domestic violence.
  903         (f) Chapter 784, relating to assault, battery, and culpable
  904  negligence, if the offense was a felony.
  905         (g) Section 810.02, relating to burglary.
  906         (f)(h) Section 817.034, relating to fraudulent acts through
  907  mail, wire, radio, electromagnetic, photoelectronic, or
  908  photooptical systems.
  909         (g)(i) Section 817.234, relating to false and fraudulent
  910  insurance claims.
  911         (h)(j) Section 817.505, relating to patient brokering.
  912         (i)(k) Section 817.568, relating to criminal use of
  913  personal identification information.
  914         (j)(l) Section 817.60, relating to obtaining a credit card
  915  through fraudulent means.
  916         (k)(m) Section 817.61, relating to fraudulent use of credit
  917  cards, if the offense was a felony.
  918         (l)(n) Section 831.01, relating to forgery.
  919         (m)(o) Section 831.02, relating to uttering forged
  920  instruments.
  921         (n)(p) Section 831.07, relating to forging bank bills,
  922  checks, drafts, or promissory notes.
  923         (o)(q) Section 831.09, relating to uttering forged bank
  924  bills, checks, drafts, or promissory notes.
  925         (p)(r) Section 831.30, relating to fraud in obtaining
  926  medicinal drugs.
  927         (q)(s) Section 831.31, relating to the sale, manufacture,
  928  delivery, or possession with the intent to sell, manufacture, or
  929  deliver any counterfeit controlled substance, if the offense was
  930  a felony.
  931  
  932  A person who serves as a controlling interest of, or is employed
  933  by, or contracts with a licensee on June 30, 2010 September 30,
  934  2009, who has been screened and qualified according to standards
  935  specified in s. 435.03 or s. 435.04 must be rescreened by June
  936  30, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
  937  and 120.54 to establish a schedule to stagger the implementation
  938  of the required rescreening over the 5-year period starting June
  939  30, 2010, through June 30, 2015. is not required by law to
  940  submit to rescreening if that licensee has in its possession
  941  written evidence that the person has been screened and qualified
  942  according to the standards specified in s. 435.03 or s. 435.04.
  943  However, if such person has a disqualifying offense listed in
  944  this section, he or she may apply for an exemption from the
  945  appropriate licensing agency before September 30, 2009, and if
  946  agreed to by the employer, may continue to perform his or her
  947  duties until the licensing agency renders a decision on the
  948  application for exemption for offenses listed in this section.
  949  Exemptions from disqualification may be granted pursuant to s.
  950  435.07.
  951         (5)(6)The costs associated with obtaining the required
  952  screening must be borne either by the licensee or the person
  953  subject to screening. Licensees may reimburse persons for these
  954  costs. The Department of Law Enforcement shall charge the agency
  955  for screening pursuant to s. 943.053(3). The agency shall
  956  establish a schedule of fees to cover the costs of screening The
  957  attestations required under ss. 435.04(5) and 435.05(3) must be
  958  submitted at the time of license renewal, notwithstanding the
  959  provisions of ss. 435.04(5) and 435.05(3) which require annual
  960  submission of an affidavit of compliance with background
  961  screening requirements.
  962         (6)(a) As provided in chapter 435, the agency may grant an
  963  exemption from disqualification to a person who is subject to
  964  this section and who has not received a professional license or
  965  certification from the Department of Health if that person is
  966  providing a service that is within the scope of his or her
  967  licensed or certified practice.
  968         (b) As provided in chapter 435, the appropriate regulatory
  969  board within the Department of Health, or the department itself
  970  when there is no board, may grant an exemption from
  971  disqualification to a person who is subject to this section and
  972  who has received a professional license or certification from
  973  the Department of Health or a regulatory board within that
  974  department and that person is providing a service within the
  975  scope of his or her licensed or certified practice.
  976         (7) The agency and the Department of Health may adopt rules
  977  pursuant to ss. 120.536(1) and 120.54 to implement this section,
  978  chapter 435, and authorizing statutes requiring background
  979  screening and to implement and adopt criteria relating to
  980  retaining fingerprints pursuant to s. 943.05(2).
  981         (8) There is no unemployment compensation or other monetary
  982  liability on the part of, and no cause of action for damages
  983  arising against, an employer that, upon notice of a
  984  disqualifying offense listed under chapter 435 or this section,
  985  terminates the person against whom the report was issued,
  986  whether or not that person has filed for an exemption with the
  987  Department of Health or the agency.
  988         Section 21. Paragraph (k) of subsection (2) of section
  989  409.175, Florida Statutes, is amended, present paragraphs (b)
  990  and (c) of subsection (5) of that section are redesignated as
  991  paragraphs (c) and (d), respectively, and a new paragraph (b) is
  992  added to that section, to read:
  993         409.175 Licensure of family foster homes, residential
  994  child-caring agencies, and child-placing agencies; public
  995  records exemption.—
  996         (2) As used in this section, the term:
  997         (k) “Screening” means the act of assessing the background
  998  of personnel and includes, but is not limited to, employment
  999  history checks as provided in chapter 435, using the level 2
 1000  standards for screening set forth in that chapter. Screening for
 1001  employees and volunteers in summer day camps and summer 24-hour
 1002  camps and screening for all volunteers included under the
 1003  definition of “personnel” shall be conducted as provided in
 1004  chapter 435, using the level 2 level 1 standards set forth in
 1005  that chapter.
 1006         (5)
 1007         (b)The department shall require all foster parent
 1008  applicants and current foster parents to be drug tested pursuant
 1009  to the procedures and requirements of s. 112.0455, the Drug-Free
 1010  Workplace Act. The department may adopt rules, policies, and
 1011  procedures necessary to administer this paragraph.
 1012         Section 22. Paragraph (i) of subsection (4) of section
 1013  409.221, Florida Statutes, is amended to read:
 1014         409.221 Consumer-directed care program.—
 1015         (4) CONSUMER-DIRECTED CARE.—
 1016         (i) Background screening requirements.—All persons who
 1017  render care under this section must undergo level 2 background
 1018  screening pursuant to chapter 435 shall comply with the
 1019  requirements of s. 435.05. Persons shall be excluded from
 1020  employment pursuant to s. 435.06.
 1021         1. Persons excluded from employment may request an
 1022  exemption from disqualification, as provided in s. 435.07.
 1023  Persons not subject to certification or professional licensure
 1024  may request an exemption from the agency. In considering a
 1025  request for an exemption, the agency shall comply with the
 1026  provisions of s. 435.07.
 1027         2. The agency shall, as allowable, reimburse consumer
 1028  employed caregivers for the cost of conducting background
 1029  screening as required by this section.
 1030  
 1031  For purposes of this section, a person who has undergone
 1032  screening, who is qualified for employment under this section
 1033  and applicable rule, and who has not been unemployed for more
 1034  than 90 180 days following such screening is not required to be
 1035  rescreened. Such person must attest under penalty of perjury to
 1036  not having been convicted of a disqualifying offense since
 1037  completing such screening.
 1038         Section 23. Subsection (8) of section 409.907, Florida
 1039  Statutes, is amended to read:
 1040         409.907 Medicaid provider agreements.—The agency may make
 1041  payments for medical assistance and related services rendered to
 1042  Medicaid recipients only to an individual or entity who has a
 1043  provider agreement in effect with the agency, who is performing
 1044  services or supplying goods in accordance with federal, state,
 1045  and local law, and who agrees that no person shall, on the
 1046  grounds of handicap, race, color, or national origin, or for any
 1047  other reason, be subjected to discrimination under any program
 1048  or activity for which the provider receives payment from the
 1049  agency.
 1050         (8)(a) Each provider, or each principal of the provider if
 1051  the provider is a corporation, partnership, association, or
 1052  other entity, seeking to participate in the Medicaid program
 1053  must submit a complete set of his or her fingerprints to the
 1054  agency for the purpose of conducting a criminal history record
 1055  check. Principals of the provider include any officer, director,
 1056  billing agent, managing employee, or affiliated person, or any
 1057  partner or shareholder who has an ownership interest equal to 5
 1058  percent or more in the provider. However, a director of a not
 1059  for-profit corporation or organization is not a principal for
 1060  purposes of a background investigation as required by this
 1061  section if the director: serves solely in a voluntary capacity
 1062  for the corporation or organization, does not regularly take
 1063  part in the day-to-day operational decisions of the corporation
 1064  or organization, receives no remuneration from the not-for
 1065  profit corporation or organization for his or her service on the
 1066  board of directors, has no financial interest in the not-for
 1067  profit corporation or organization, and has no family members
 1068  with a financial interest in the not-for-profit corporation or
 1069  organization; and if the director submits an affidavit, under
 1070  penalty of perjury, to this effect to the agency and the not
 1071  for-profit corporation or organization submits an affidavit,
 1072  under penalty of perjury, to this effect to the agency as part
 1073  of the corporation’s or organization’s Medicaid provider
 1074  agreement application. Notwithstanding the above, the agency may
 1075  require a background check for any person reasonably suspected
 1076  by the agency to have been convicted of a crime. This subsection
 1077  shall not apply to:
 1078         1. A hospital licensed under chapter 395;
 1079         2. A nursing home licensed under chapter 400;
 1080         3. A hospice licensed under chapter 400;
 1081         4. An assisted living facility licensed under chapter 429;
 1082         5. A unit of local government, except that requirements of
 1083  this subsection apply to nongovernmental providers and entities
 1084  when contracting with the local government to provide Medicaid
 1085  services. The actual cost of the state and national criminal
 1086  history record checks must be borne by the nongovernmental
 1087  provider or entity; or
 1088         6. Any business that derives more than 50 percent of its
 1089  revenue from the sale of goods to the final consumer, and the
 1090  business or its controlling parent either is required to file a
 1091  form 10-K or other similar statement with the Securities and
 1092  Exchange Commission or has a net worth of $50 million or more.
 1093         (b) Background screening shall be conducted in accordance
 1094  with chapter 435 and s. 408.809. The agency shall submit the
 1095  fingerprints to the Department of Law Enforcement. The
 1096  department shall conduct a state criminal-background
 1097  investigation and forward the fingerprints to the Federal Bureau
 1098  of Investigation for a national criminal-history record check.
 1099  The cost of the state and national criminal record check shall
 1100  be borne by the provider.
 1101         (c) The agency may permit a provider to participate in the
 1102  Medicaid program pending the results of the criminal record
 1103  check. However, such permission is fully revocable if the record
 1104  check reveals any crime-related history as provided in
 1105  subsection (10).
 1106         (c)(d) Proof of compliance with the requirements of level 2
 1107  screening under chapter 435 s. 435.04 conducted within 12 months
 1108  prior to the date that the Medicaid provider application is
 1109  submitted to the agency shall fulfill the requirements of this
 1110  subsection. Proof of compliance with the requirements of level 1
 1111  screening under s. 435.03 conducted within 12 months prior to
 1112  the date that the Medicaid provider application is submitted to
 1113  the agency shall meet the requirement that the Department of Law
 1114  Enforcement conduct a state criminal history record check.
 1115         Section 24. Subsection (1) of section 429.14, Florida
 1116  Statutes, is amended to read:
 1117         429.14 Administrative penalties.—
 1118         (1) In addition to the requirements of part II of chapter
 1119  408, the agency may deny, revoke, and suspend any license issued
 1120  under this part and impose an administrative fine in the manner
 1121  provided in chapter 120 against a licensee of an assisted living
 1122  facility for a violation of any provision of this part, part II
 1123  of chapter 408, or applicable rules, or for any of the following
 1124  actions by a licensee of an assisted living facility, for the
 1125  actions of any person subject to level 2 background screening
 1126  under s. 408.809, or for the actions of any facility employee:
 1127         (a) An intentional or negligent act seriously affecting the
 1128  health, safety, or welfare of a resident of the facility.
 1129         (b) The determination by the agency that the owner lacks
 1130  the financial ability to provide continuing adequate care to
 1131  residents.
 1132         (c) Misappropriation or conversion of the property of a
 1133  resident of the facility.
 1134         (d) Failure to follow the criteria and procedures provided
 1135  under part I of chapter 394 relating to the transportation,
 1136  voluntary admission, and involuntary examination of a facility
 1137  resident.
 1138         (e) A citation of any of the following deficiencies as
 1139  specified in s. 429.19:
 1140         1. One or more cited class I deficiencies.
 1141         2. Three or more cited class II deficiencies.
 1142         3. Five or more cited class III deficiencies that have been
 1143  cited on a single survey and have not been corrected within the
 1144  times specified.
 1145         (f) Failure to comply with the A determination that a
 1146  person subject to level 2 background screening under s. 408.809
 1147  does not meet the screening standards of this part, s.
 1148  408.809(1), chapter 435 s. 435.04 or that the facility is
 1149  retaining an employee subject to level 1 background screening
 1150  standards under s. 429.174 who does not meet the screening
 1151  standards of s. 435.03 and for whom exemptions from
 1152  disqualification have not been provided by the agency.
 1153         (g) A determination that an employee, volunteer,
 1154  administrator, or owner, or person who otherwise has access to
 1155  the residents of a facility does not meet the criteria specified
 1156  in s. 435.03(2), and the owner or administrator has not taken
 1157  action to remove the person. Exemptions from disqualification
 1158  may be granted as set forth in s. 435.07. No administrative
 1159  action may be taken against the facility if the person is
 1160  granted an exemption.
 1161         (g)(h) Violation of a moratorium.
 1162         (h)(i) Failure of the license applicant, the licensee
 1163  during relicensure, or a licensee that holds a provisional
 1164  license to meet the minimum license requirements of this part,
 1165  or related rules, at the time of license application or renewal.
 1166         (i)(j) An intentional or negligent life-threatening act in
 1167  violation of the uniform firesafety standards for assisted
 1168  living facilities or other firesafety standards that threatens
 1169  the health, safety, or welfare of a resident of a facility, as
 1170  communicated to the agency by the local authority having
 1171  jurisdiction or the State Fire Marshal.
 1172         (j)(k) Knowingly operating any unlicensed facility or
 1173  providing without a license any service that must be licensed
 1174  under this chapter or chapter 400.
 1175         (k)(l) Any act constituting a ground upon which application
 1176  for a license may be denied.
 1177         Section 25. Section 429.174, Florida Statutes, is amended
 1178  to read:
 1179         429.174 Background screening; exemptions.—The agency shall
 1180  require level 2 background screening for personnel as required
 1181  in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
 1182  owner or administrator of an assisted living facility must
 1183  conduct level 1 background screening, as set forth in chapter
 1184  435, on all employees hired on or after October 1, 1998, who
 1185  perform personal services as defined in s. 429.02(16). The
 1186  agency may exempt an individual from employment disqualification
 1187  as set forth in chapter 435. Such persons shall be considered as
 1188  having met this requirement if:
 1189         (1) Proof of compliance with level 1 screening requirements
 1190  obtained to meet any professional license requirements in this
 1191  state is provided and accompanied, under penalty of perjury, by
 1192  a copy of the person’s current professional license and an
 1193  affidavit of current compliance with the background screening
 1194  requirements.
 1195         (2) The person required to be screened has been
 1196  continuously employed in the same type of occupation for which
 1197  the person is seeking employment without a breach in service
 1198  which exceeds 180 days, and proof of compliance with the level 1
 1199  screening requirement which is no more than 2 years old is
 1200  provided. Proof of compliance shall be provided directly from
 1201  one employer or contractor to another, and not from the person
 1202  screened. Upon request, a copy of screening results shall be
 1203  provided by the employer retaining documentation of the
 1204  screening to the person screened.
 1205         (3) The person required to be screened is employed by a
 1206  corporation or business entity or related corporation or
 1207  business entity that owns, operates, or manages more than one
 1208  facility or agency licensed under this chapter, and for whom a
 1209  level 1 screening was conducted by the corporation or business
 1210  entity as a condition of initial or continued employment.
 1211         Section 26. Subsection (4) of section 429.67, Florida
 1212  Statutes, is amended to read:
 1213         429.67 Licensure.—
 1214         (4) Upon receipt of a completed license application or
 1215  license renewal, and the fee, The agency shall require level 2
 1216  initiate a level 1 background screening for personnel as
 1217  required in s. 408.809(1)(e), including as provided under
 1218  chapter 435 on the adult family-care home provider, the
 1219  designated relief person, and all adult household members,
 1220  pursuant to chapter 435 and s. 408.809, and all staff members.
 1221         (a) Proof of compliance with level 1 screening standards
 1222  which has been submitted within the previous 5 years to meet any
 1223  facility or professional licensure requirements of the agency or
 1224  the Department of Health satisfies the requirements of this
 1225  subsection. Such proof must be accompanied, under penalty of
 1226  perjury, by a copy of the person’s current professional license
 1227  and an affidavit of current compliance with the background
 1228  screening requirements.
 1229         (b) The person required to be screened must have been
 1230  continuously employed in the same type of occupation for which
 1231  the person is seeking employment without a breach in service
 1232  that exceeds 180 days, and proof of compliance with the level 1
 1233  screening requirement which is no more than 2 years old must be
 1234  provided. Proof of compliance shall be provided directly from
 1235  one employer or contractor to another, and not from the person
 1236  screened. Upon request, a copy of screening results shall be
 1237  provided to the person screened by the employer retaining
 1238  documentation of the screening.
 1239         Section 27. Section 429.69, Florida Statutes, is amended to
 1240  read:
 1241         429.69 Denial, revocation, and suspension of a license.—In
 1242  addition to the requirements of part II of chapter 408, the
 1243  agency may deny, suspend, and revoke a license for any of the
 1244  following reasons:
 1245         (1) Failure to comply with the of any of the persons
 1246  required to undergo background screening standards of this part,
 1247  s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
 1248  1 screening standards of s. 435.03, unless an exemption from
 1249  disqualification has been provided by the agency.
 1250         (2) Failure to correct cited fire code violations that
 1251  threaten the health, safety, or welfare of residents.
 1252         Section 28. Paragraph (c) of subsection (2) of section
 1253  429.911, Florida Statutes, is amended to read:
 1254         429.911 Denial, suspension, revocation of license;
 1255  emergency action; administrative fines; investigations and
 1256  inspections.—
 1257         (2) Each of the following actions by the owner of an adult
 1258  day care center or by its operator or employee is a ground for
 1259  action by the agency against the owner of the center or its
 1260  operator or employee:
 1261         (c) A Failure to comply with the of persons subject to
 1262  level 2 background screening standards of this part, s.
 1263  408.809(1), or chapter 435 under s. 408.809 to meet the
 1264  screening standards of s. 435.04, or the retention by the center
 1265  of an employee subject to level 1 background screening standards
 1266  under s. 429.174 who does not meet the screening standards of s.
 1267  435.03 and for whom exemptions from disqualification have not
 1268  been provided by the agency.
 1269         Section 29. Section 429.919, Florida Statutes, is amended
 1270  to read:
 1271         429.919 Background screening.—The agency shall require
 1272  level 2 background screening for personnel as required in s.
 1273  408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
 1274  or administrator of an adult day care center must conduct level
 1275  1 background screening as set forth in chapter 435 on all
 1276  employees hired on or after October 1, 1998, who provide basic
 1277  services or supportive and optional services to the
 1278  participants. Such persons satisfy this requirement if:
 1279         (1) Proof of compliance with level 1 screening requirements
 1280  obtained to meet any professional license requirements in this
 1281  state is provided and accompanied, under penalty of perjury, by
 1282  a copy of the person’s current professional license and an
 1283  affidavit of current compliance with the background screening
 1284  requirements.
 1285         (2) The person required to be screened has been
 1286  continuously employed, without a breach in service that exceeds
 1287  180 days, in the same type of occupation for which the person is
 1288  seeking employment and provides proof of compliance with the
 1289  level 1 screening requirement which is no more than 2 years old.
 1290  Proof of compliance must be provided directly from one employer
 1291  or contractor to another, and not from the person screened. Upon
 1292  request, a copy of screening results shall be provided to the
 1293  person screened by the employer retaining documentation of the
 1294  screening.
 1295         (3) The person required to be screened is employed by a
 1296  corporation or business entity or related corporation or
 1297  business entity that owns, operates, or manages more than one
 1298  facility or agency licensed under chapter 400 or this chapter,
 1299  and for whom a level 1 screening was conducted by the
 1300  corporation or business entity as a condition of initial or
 1301  continued employment.
 1302         Section 30. Section 430.60, Florida Statutes, is created to
 1303  read:
 1304         430.60 Screening of direct service providers.—
 1305         (1)(a) Level 2 background screening pursuant to chapter 435
 1306  is required for direct service providers. Background screening
 1307  shall include employment history checks as provided in s.
 1308  435.03(1) and local criminal records checks through local law
 1309  enforcement agencies.
 1310         (b) For purposes of this section, the term “direct service
 1311  provider” means a person 18 years of age or older who is
 1312  unrelated to his or her clients and who has direct, face-to-face
 1313  contact with a client while providing services to the client and
 1314  has access to the client’s living areas or to the client’s funds
 1315  or personal property. The term includes coordinators, managers,
 1316  and supervisors of residential facilities and volunteers.
 1317         (2) Licensed physicians, nurses, or other professionals
 1318  licensed by the Department of Health are not subject to
 1319  background screening pursuant to this section if they are
 1320  providing a service that is within the scope of their licensed
 1321  practice.
 1322         (3) Refusal on the part of an employer to dismiss a
 1323  manager, supervisor, or direct service provider who has been
 1324  found to be in noncompliance with standards of this section
 1325  shall result in the automatic denial, termination, or revocation
 1326  of the license or certification, rate agreement, purchase order,
 1327  or contract, in addition to any other remedies authorized by
 1328  law.
 1329         (4)The background screening conducted pursuant to this
 1330  section must ensure that, in addition to the disqualifying
 1331  offenses listed in s. 435.04, no person subject to the
 1332  provisions of this section has an arrest awaiting final
 1333  disposition for, has been found guilty of, regardless of
 1334  adjudication, or entered a plea of nolo contendere or guilty to,
 1335  or has been adjudicated delinquent and the record has not been
 1336  sealed or expunged for, any offense prohibited under any of the
 1337  following provisions of the Florida Statutes or under any
 1338  similar statute of another jurisdiction:
 1339         (a) Any authorizing statutes, if the offense was a felony.
 1340         (b) Section 409.920, relating to Medicaid provider fraud.
 1341         (c) Section 409.9201, relating to Medicaid fraud.
 1342         (d) Section 817.034, relating to fraudulent acts through
 1343  mail, wire, radio, electromagnetic, photoelectronic, or
 1344  photooptical systems.
 1345         (e) Section 817.234, relating to false and fraudulent
 1346  insurance claims.
 1347         (f) Section 817.505, relating to patient brokering.
 1348         (g) Section 817.568, relating to criminal use of personal
 1349  identification information.
 1350         (h) Section 817.60, relating to obtaining a credit card
 1351  through fraudulent means.
 1352         (i) Section 817.61, relating to fraudulent use of credit
 1353  cards, if the offense was a felony.
 1354         (j) Section 831.01, relating to forgery.
 1355         (k) Section 831.02, relating to uttering forged
 1356  instruments.
 1357         (l) Section 831.07, relating to forging bank bills, checks,
 1358  drafts, or promissory notes.
 1359         (m) Section 831.09, relating to uttering forged bank bills,
 1360  checks, drafts, or promissory notes.
 1361         Section 31. Section 435.01, Florida Statutes, is amended to
 1362  read:
 1363         435.01 Applicability of this chapter; statutory references;
 1364  rulemaking.—
 1365         (1)(a) Unless otherwise provided by law, whenever a
 1366  background screening for employment or a background security
 1367  check is required by law to be conducted pursuant to this
 1368  chapter for employment, unless otherwise provided by law, the
 1369  provisions of this chapter shall apply.
 1370         (b) Unless expressly provided otherwise, a reference in any
 1371  section of the Florida Statutes to chapter 435 or to any section
 1372  or sections or portion of a section of chapter 435 includes, and
 1373  shall be understood as including, all subsequent amendments to
 1374  chapter 435 or to the referenced section or sections or portions
 1375  of a section. The purpose of this chapter is to facilitate
 1376  uniform background screening and, to this end, a reference to
 1377  this chapter, or to any section or subdivision within this
 1378  chapter, constitutes a general reference under the doctrine of
 1379  incorporation by reference.
 1380         (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
 1381  120.54 necessary to implement the provisions of this chapter.
 1382         Section 32. Section 435.02, Florida Statutes, is reordered
 1383  and amended to read:
 1384         435.02 Definitions.—For the purposes of this chapter, the
 1385  term:
 1386         (2)(1) “Employee” means any person required by law to be
 1387  screened pursuant to the provisions of this chapter.
 1388         (3)(2) “Employer” means any person or entity required by
 1389  law to conduct screening of employees pursuant to this chapter.
 1390         (1)(3) “Licensing Agency” means any state, or county, or
 1391  municipal agency that which grants licenses or registration
 1392  permitting the operation of an employer or is itself an employer
 1393  or that otherwise facilitates the screening of employees
 1394  pursuant to this chapter. When there is no state licensing
 1395  agency or the municipal or county licensing agency chooses not
 1396  to conduct employment screening, “licensing agency” means the
 1397  Department of Children and Family Services.
 1398         (4) “Employment” means any activity or service sought to be
 1399  performed by an employee that requires the employee to be
 1400  subject to screening pursuant to this chapter.
 1401         (5) “Vulnerable person” means a minor or a vulnerable adult
 1402  as defined in s. 415.102.
 1403         Section 33. Section 435.03, Florida Statutes, is amended to
 1404  read:
 1405         435.03 Level 1 screening standards.—
 1406         (1) All employees required by law to be screened pursuant
 1407  to this section must shall be required to undergo background
 1408  screening as a condition of employment and continued employment
 1409  which includes. For the purposes of this subsection, level 1
 1410  screenings shall include, but need not be limited to, employment
 1411  history checks and statewide criminal correspondence checks
 1412  through the Florida Department of Law Enforcement, a check of
 1413  the Dru Sjodin National Sex Offender Registry, and may include
 1414  local criminal records checks through local law enforcement
 1415  agencies.
 1416         (2) Any person required by law to be screened pursuant to
 1417  this section must not have an arrest awaiting final disposition,
 1418  for whom employment screening is required by statute must not
 1419  have been found guilty of, regardless of adjudication, or
 1420  entered a plea of nolo contendere or guilty to, and must not
 1421  have been adjudicated delinquent and the record has not been
 1422  sealed or expunged for, any offense prohibited under any
 1423  provision of s. 435.04(2) of the following provisions of the
 1424  Florida Statutes or under any similar statute of another
 1425  jurisdiction.:
 1426         (a) Section 393.135, relating to sexual misconduct with
 1427  certain developmentally disabled clients and reporting of such
 1428  sexual misconduct.
 1429         (b) Section 394.4593, relating to sexual misconduct with
 1430  certain mental health patients and reporting of such sexual
 1431  misconduct.
 1432         (c) Section 415.111, relating to abuse, neglect, or
 1433  exploitation of a vulnerable adult.
 1434         (d) Section 782.04, relating to murder.
 1435         (e) Section 782.07, relating to manslaughter, aggravated
 1436  manslaughter of an elderly person or disabled adult, or
 1437  aggravated manslaughter of a child.
 1438         (f) Section 782.071, relating to vehicular homicide.
 1439         (g) Section 782.09, relating to killing of an unborn quick
 1440  child by injury to the mother.
 1441         (h) Section 784.011, relating to assault, if the victim of
 1442  the offense was a minor.
 1443         (i) Section 784.021, relating to aggravated assault.
 1444         (j) Section 784.03, relating to battery, if the victim of
 1445  the offense was a minor.
 1446         (k) Section 784.045, relating to aggravated battery.
 1447         (l) Section 787.01, relating to kidnapping.
 1448         (m) Section 787.02, relating to false imprisonment.
 1449         (n) Section 794.011, relating to sexual battery.
 1450         (o) Former s. 794.041, relating to prohibited acts of
 1451  persons in familial or custodial authority.
 1452         (p) Chapter 796, relating to prostitution.
 1453         (q) Section 798.02, relating to lewd and lascivious
 1454  behavior.
 1455         (r) Chapter 800, relating to lewdness and indecent
 1456  exposure.
 1457         (s) Section 806.01, relating to arson.
 1458         (t) Chapter 812, relating to theft, robbery, and related
 1459  crimes, if the offense was a felony.
 1460         (u) Section 817.563, relating to fraudulent sale of
 1461  controlled substances, only if the offense was a felony.
 1462         (v) Section 825.102, relating to abuse, aggravated abuse,
 1463  or neglect of an elderly person or disabled adult.
 1464         (w) Section 825.1025, relating to lewd or lascivious
 1465  offenses committed upon or in the presence of an elderly person
 1466  or disabled adult.
 1467         (x) Section 825.103, relating to exploitation of an elderly
 1468  person or disabled adult, if the offense was a felony.
 1469         (y) Section 826.04, relating to incest.
 1470         (z) Section 827.03, relating to child abuse, aggravated
 1471  child abuse, or neglect of a child.
 1472         (aa) Section 827.04, relating to contributing to the
 1473  delinquency or dependency of a child.
 1474         (bb) Former s. 827.05, relating to negligent treatment of
 1475  children.
 1476         (cc) Section 827.071, relating to sexual performance by a
 1477  child.
 1478         (dd) Chapter 847, relating to obscene literature.
 1479         (ee) Chapter 893, relating to drug abuse prevention and
 1480  control, only if the offense was a felony or if any other person
 1481  involved in the offense was a minor.
 1482         (ff) Section 916.1075, relating to sexual misconduct with
 1483  certain forensic clients and reporting of such sexual
 1484  misconduct.
 1485         (3) The security background investigations under this
 1486  section must ensure that no person subject to the provisions of
 1487  this section has been found guilty of, regardless of
 1488  adjudication, or entered a plea of nolo contendere or guilty to,
 1489  any offense that constitutes domestic violence as defined in s.
 1490  741.28, whether such act was committed in this state or in
 1491  another jurisdiction. Standards must also ensure that the
 1492  person:
 1493         (a) For employees and employers licensed or registered
 1494  pursuant to chapter 400 or chapter 429, and for employees and
 1495  employers of developmental disabilities centers as defined in s.
 1496  393.063, intermediate care facilities for the developmentally
 1497  disabled as defined in s. 400.960, and mental health treatment
 1498  facilities as defined in s. 394.455, meets the requirements of
 1499  this chapter.
 1500         (b) Has not committed an act that constitutes domestic
 1501  violence as defined in s. 741.28.
 1502         Section 34. Section 435.04, Florida Statutes, is amended to
 1503  read:
 1504         435.04 Level 2 screening standards.—
 1505         (1)(a) All employees required by law to be screened
 1506  pursuant to this section must in positions designated by law as
 1507  positions of trust or responsibility shall be required to
 1508  undergo security background investigations as a condition of
 1509  employment and continued employment which includes. For the
 1510  purposes of this subsection, security background investigations
 1511  shall include, but need not be limited to, fingerprinting for
 1512  statewide criminal history records all purposes and checks in
 1513  this subsection, statewide criminal and juvenile records checks
 1514  through the Florida Department of Law Enforcement, and national
 1515  federal criminal history records checks through the Federal
 1516  Bureau of Investigation, and may include local criminal records
 1517  checks through local law enforcement agencies.
 1518         (b)Fingerprints submitted pursuant to this section on or
 1519  after July 1, 2012, must be submitted electronically to the
 1520  Department of Law Enforcement.
 1521         (c)An agency may contract with one or more vendors to
 1522  perform all or part of the electronic fingerprinting pursuant to
 1523  this section. Such contracts must ensure that the owners and
 1524  personnel of the vendor performing the electronic fingerprinting
 1525  are qualified and will ensure the integrity and security of all
 1526  personal information.
 1527         (d)An agency may require by rule adopted pursuant to
 1528  chapter 120 that fingerprints submitted pursuant to this section
 1529  must be submitted electronically to the Department of Law
 1530  Enforcement on a date earlier than July 1, 2012.
 1531         (2) The security background investigations under this
 1532  section must ensure that no persons subject to the provisions of
 1533  this section have been arrested for and are awaiting final
 1534  disposition of, have been found guilty of, regardless of
 1535  adjudication, or entered a plea of nolo contendere or guilty to,
 1536  or have been adjudicated delinquent and the record has not been
 1537  sealed or expunged for, any offense prohibited under any of the
 1538  following provisions of the Florida Statutes or under any
 1539  similar statute of another jurisdiction:
 1540         (a) Section 393.135, relating to sexual misconduct with
 1541  certain developmentally disabled clients and reporting of such
 1542  sexual misconduct.
 1543         (b) Section 394.4593, relating to sexual misconduct with
 1544  certain mental health patients and reporting of such sexual
 1545  misconduct.
 1546         (c) Section 415.111, relating to adult abuse, neglect, or
 1547  exploitation of aged persons or disabled adults.
 1548         (d) Section 782.04, relating to murder.
 1549         (e) Section 782.07, relating to manslaughter, aggravated
 1550  manslaughter of an elderly person or disabled adult, or
 1551  aggravated manslaughter of a child.
 1552         (f) Section 782.071, relating to vehicular homicide.
 1553         (g) Section 782.09, relating to killing of an unborn quick
 1554  child by injury to the mother.
 1555         (h) Chapter 784, relating to assault, battery, and culpable
 1556  negligence, if the offense was a felony.
 1557         (i)(h) Section 784.011, relating to assault, if the victim
 1558  of the offense was a minor.
 1559         (i) Section 784.021, relating to aggravated assault.
 1560         (j) Section 784.03, relating to battery, if the victim of
 1561  the offense was a minor.
 1562         (k) Section 784.045, relating to aggravated battery.
 1563         (l) Section 784.075, relating to battery on a detention or
 1564  commitment facility staff.
 1565         (k)(m) Section 787.01, relating to kidnapping.
 1566         (l)(n) Section 787.02, relating to false imprisonment.
 1567         (m) Section 787.025, relating to luring or enticing a
 1568  child.
 1569         (n)(o) Section 787.04(2), relating to taking, enticing, or
 1570  removing a child beyond the state limits with criminal intent
 1571  pending custody proceedings.
 1572         (o)(p) Section 787.04(3), relating to carrying a child
 1573  beyond the state lines with criminal intent to avoid producing a
 1574  child at a custody hearing or delivering the child to the
 1575  designated person.
 1576         (p)(q) Section 790.115(1), relating to exhibiting firearms
 1577  or weapons within 1,000 feet of a school.
 1578         (q)(r) Section 790.115(2)(b), relating to possessing an
 1579  electric weapon or device, destructive device, or other weapon
 1580  on school property.
 1581         (r)(s) Section 794.011, relating to sexual battery.
 1582         (s)(t) Former s. 794.041, relating to prohibited acts of
 1583  persons in familial or custodial authority.
 1584         (t) Section 794.05, relating to unlawful sexual activity
 1585  with certain minors.
 1586         (u) Chapter 796, relating to prostitution.
 1587         (v) Section 798.02, relating to lewd and lascivious
 1588  behavior.
 1589         (w) Chapter 800, relating to lewdness and indecent
 1590  exposure.
 1591         (x) Section 806.01, relating to arson.
 1592         (y) Section 810.02, relating to burglary.
 1593         (z) Section 810.14, relating to voyeurism, if the offense
 1594  is a felony.
 1595         (aa) Section 810.145, relating to video voyeurism, if the
 1596  offense is a felony.
 1597         (bb)(y) Chapter 812, relating to theft, robbery, and
 1598  related crimes, if the offense is a felony.
 1599         (cc)(z) Section 817.563, relating to fraudulent sale of
 1600  controlled substances, only if the offense was a felony.
 1601         (dd)(aa) Section 825.102, relating to abuse, aggravated
 1602  abuse, or neglect of an elderly person or disabled adult.
 1603         (ee)(bb) Section 825.1025, relating to lewd or lascivious
 1604  offenses committed upon or in the presence of an elderly person
 1605  or disabled adult.
 1606         (ff)(cc) Section 825.103, relating to exploitation of an
 1607  elderly person or disabled adult, if the offense was a felony.
 1608         (gg)(dd) Section 826.04, relating to incest.
 1609         (hh)(ee) Section 827.03, relating to child abuse,
 1610  aggravated child abuse, or neglect of a child.
 1611         (ii)(ff) Section 827.04, relating to contributing to the
 1612  delinquency or dependency of a child.
 1613         (jj)(gg) Former s. 827.05, relating to negligent treatment
 1614  of children.
 1615         (kk)(hh) Section 827.071, relating to sexual performance by
 1616  a child.
 1617         (ll)(ii) Section 843.01, relating to resisting arrest with
 1618  violence.
 1619         (mm)(jj) Section 843.025, relating to depriving a law
 1620  enforcement, correctional, or correctional probation officer
 1621  means of protection or communication.
 1622         (nn)(kk) Section 843.12, relating to aiding in an escape.
 1623         (oo)(ll) Section 843.13, relating to aiding in the escape
 1624  of juvenile inmates in correctional institutions.
 1625         (pp)(mm) Chapter 847, relating to obscene literature.
 1626         (qq)(nn) Section 874.05(1), relating to encouraging or
 1627  recruiting another to join a criminal gang.
 1628         (rr)(oo) Chapter 893, relating to drug abuse prevention and
 1629  control, only if the offense was a felony or if any other person
 1630  involved in the offense was a minor.
 1631         (ss)(pp) Section 916.1075, relating to sexual misconduct
 1632  with certain forensic clients and reporting of such sexual
 1633  misconduct.
 1634         (tt)(qq) Section 944.35(3), relating to inflicting cruel or
 1635  inhuman treatment on an inmate resulting in great bodily harm.
 1636         (uu) Section 944.40, relating to escape.
 1637         (vv)(rr) Section 944.46, relating to harboring, concealing,
 1638  or aiding an escaped prisoner.
 1639         (ww)(ss) Section 944.47, relating to introduction of
 1640  contraband into a correctional facility.
 1641         (xx)(tt) Section 985.701, relating to sexual misconduct in
 1642  juvenile justice programs.
 1643         (yy)(uu) Section 985.711, relating to contraband introduced
 1644  into detention facilities.
 1645         (3) The security background investigations under this
 1646  section must ensure that no person subject to this section has
 1647  been found guilty of, regardless of adjudication, or entered a
 1648  plea of nolo contendere or guilty to, any offense that
 1649  constitutes domestic violence as defined in s. 741.28, whether
 1650  such act was committed in this state or in another jurisdiction.
 1651  The security background investigations conducted under this
 1652  section for employees of the Department of Juvenile Justice must
 1653  ensure that no persons subject to the provisions of this section
 1654  have been found guilty of, regardless of adjudication, or
 1655  entered a plea of nolo contendere or guilty to, any offense
 1656  prohibited under any of the following provisions of the Florida
 1657  Statutes or under any similar statute of another jurisdiction:
 1658         (a) Section 784.07, relating to assault or battery of law
 1659  enforcement officers, firefighters, emergency medical care
 1660  providers, public transit employees or agents, or other
 1661  specified officers.
 1662         (b) Section 810.02, relating to burglary, if the offense is
 1663  a felony.
 1664         (c) Section 944.40, relating to escape.
 1665  
 1666  The Department of Juvenile Justice may not remove a
 1667  disqualification from employment or grant an exemption to any
 1668  person who is disqualified under this section for any offense
 1669  disposed of during the most recent 7-year period.
 1670         (4) Standards must also ensure that the person:
 1671         (a) For employees or employers licensed or registered
 1672  pursuant to chapter 400 or chapter 429, does not have a
 1673  confirmed report of abuse, neglect, or exploitation as defined
 1674  in s. 415.102(6), which has been uncontested or upheld under s.
 1675  415.103.
 1676         (b) Has not committed an act that constitutes domestic
 1677  violence as defined in s. 741.30.
 1678         (5) Under penalty of perjury, all employees in such
 1679  positions of trust or responsibility shall attest to meeting the
 1680  requirements for qualifying for employment and agreeing to
 1681  inform the employer immediately if convicted of any of the
 1682  disqualifying offenses while employed by the employer. Each
 1683  employer of employees in such positions of trust or
 1684  responsibilities which is licensed or registered by a state
 1685  agency shall submit to the licensing agency annually or at the
 1686  time of license renewal, under penalty of perjury, an affidavit
 1687  of compliance with the provisions of this section.
 1688         Section 35. Section 435.05, Florida Statutes, is amended to
 1689  read:
 1690         435.05 Requirements for covered employees and employers.
 1691  Except as otherwise provided by law, the following requirements
 1692  shall apply to covered employees and employers:
 1693         (1)(a) Every person required by law to be screened pursuant
 1694  to the provisions of this chapter must employed in a position
 1695  for which employment screening is required must, within 5
 1696  working days after starting to work, submit to the employer a
 1697  complete set of information necessary to conduct a screening
 1698  under this chapter section.
 1699         (b) For level 1 screening, the employer must submit the
 1700  information necessary for screening to the Florida Department of
 1701  Law Enforcement within 5 working days after receiving it. The
 1702  Florida Department of Law Enforcement will conduct a search of
 1703  its records and will respond to the employer or agency. The
 1704  employer will inform the employee whether screening has revealed
 1705  any disqualifying information.
 1706         (c) For level 2 screening, the employer or licensing agency
 1707  must submit the information necessary for screening to the
 1708  Florida Department of Law Enforcement within 5 working days
 1709  after receiving it. The Florida Department of Law Enforcement
 1710  will perform a criminal history record check of its conduct a
 1711  search of its criminal and juvenile records and will request
 1712  that the Federal Bureau of Investigation perform a national
 1713  criminal history record check conduct a search of its records
 1714  for each employee for whom the request is made. The Florida
 1715  Department of Law Enforcement will respond to the employer or
 1716  licensing agency, and the employer or licensing agency will
 1717  inform the employee whether screening has revealed disqualifying
 1718  information.
 1719         (d) The person whose background is being checked must
 1720  supply any missing criminal or other necessary information upon
 1721  request to the requesting employer or agency within 30 days
 1722  after receiving the employer makes a request for the information
 1723  or be subject to automatic disqualification.
 1724         (2) Every employee must attest, subject to penalty of
 1725  perjury, to meeting the requirements for qualifying for
 1726  employment pursuant to this chapter and agreeing to inform the
 1727  employer immediately if arrested for any of the disqualifying
 1728  offenses while employed by the employer. Unless otherwise
 1729  prohibited by state or federal law, new employees may be placed
 1730  on probationary status pending a determination of compliance
 1731  with minimum standards set forth in this chapter.
 1732         (3) Each employer that is licensed or registered with an
 1733  agency and is required by law to conduct level 2 background
 1734  screening must submit to the agency sign an affidavit annually
 1735  or at the time of license renewal, under penalty of perjury, a
 1736  signed affidavit attesting to compliance with the provisions of
 1737  this chapter stating that all covered employees have been
 1738  screened or are newly hired and are awaiting the results of the
 1739  required screening checks.
 1740         Section 36. Section 435.06, Florida Statutes, is amended to
 1741  read:
 1742         435.06 Exclusion from employment.—
 1743         (1) When an employer or licensing agency has reasonable
 1744  cause to believe that grounds exist for the denial or
 1745  termination of employment of any employee as a result of
 1746  background screening, it shall notify the employee in writing,
 1747  stating the specific record that which indicates noncompliance
 1748  with the standards in this chapter section. It shall be the
 1749  responsibility of the affected employee to contest his or her
 1750  disqualification or to request exemption from disqualification.
 1751  The only basis for contesting the disqualification shall be
 1752  proof of mistaken identity.
 1753         (2)(a) An employer may not hire, select, or otherwise allow
 1754  an employee to have contact with any vulnerable person that
 1755  would place the employee in a role that would require background
 1756  screening until such time as the screening process is completed
 1757  and demonstrates the absence of any grounds for the denial or
 1758  termination of employment. If the screening process shows any
 1759  grounds for the denial or termination of employment, the
 1760  employer may not hire, select, or otherwise allow the employee
 1761  to have contact with any vulnerable person that would place the
 1762  employee in a role that would require background screening
 1763  unless the employee is granted an exemption for the
 1764  disqualification by the agency as provided under s. 435.07.
 1765         (b) If at any time an employer becomes aware that an
 1766  employee has been arrested for a disqualifying offense, the
 1767  employer must remove the employee from contact with any
 1768  vulnerable person that would place the employee in a role that
 1769  would require background screening until such time as the arrest
 1770  is resolved in such a way that the employer determines that the
 1771  employee is still eligible for employment under this chapter.
 1772         (c) The employer must either terminate the employment of
 1773  any of its personnel found to be in noncompliance with the
 1774  minimum standards of this chapter for good moral character
 1775  contained in this section or place the employee in a position
 1776  for which background screening is not required unless the
 1777  employee is granted an exemption from disqualification pursuant
 1778  to s. 435.07.
 1779         (3) Any employee person who is required to undergo
 1780  employment screening and who refuses to cooperate in such
 1781  screening or refuses to timely submit the information necessary
 1782  to complete the screening, including fingerprints when required,
 1783  must shall be disqualified for employment in such position or,
 1784  if employed, must shall be dismissed.
 1785         (4)There is no unemployment compensation or other monetary
 1786  liability on the part of, and no cause of action for damages
 1787  arising against, an employer that, upon notice of a conviction
 1788  or arrest for a disqualifying offense listed under this chapter,
 1789  terminates the person against whom the report was issued or who
 1790  was arrested, regardless of whether or not that person has filed
 1791  for an exemption pursuant to this chapter.
 1792         Section 37. Section 435.07, Florida Statutes, is amended to
 1793  read:
 1794         435.07 Exemptions from disqualification.—Unless otherwise
 1795  provided by law, the provisions of this section shall apply to
 1796  exemptions from disqualification for disqualifying offenses
 1797  revealed pursuant to background screenings required by law to be
 1798  conducted pursuant to this chapter, regardless of whether those
 1799  disqualifying offenses are listed in this chapter or are
 1800  codified in other statutes.
 1801         (1) The head of the appropriate licensing agency may grant
 1802  to any employee otherwise disqualified from employment an
 1803  exemption from disqualification for:
 1804         (a) Felonies for which at least 3 years have elapsed since
 1805  the applicant for the exemption has completed or been lawfully
 1806  released from confinement, supervision, or sanction for the
 1807  disqualifying felony committed more than 3 years prior to the
 1808  date of disqualification;
 1809         (b) Misdemeanors prohibited under any of the Florida
 1810  Statutes cited in this chapter or under similar statutes of
 1811  other jurisdictions for which the applicant for the exemption
 1812  has completed or been lawfully released from confinement,
 1813  supervision, or sanction;
 1814         (c) Offenses that were felonies when committed but that are
 1815  now misdemeanors and for which the applicant for the exemption
 1816  has completed or been lawfully released from confinement,
 1817  supervision, or sanction; or
 1818         (d) Findings of delinquency. For offenses that would be
 1819  felonies if committed by an adult and the record has not been
 1820  sealed or expunged, the exemption may not be granted until at
 1821  least 3 years have elapsed since the applicant for the exemption
 1822  has completed or been lawfully released from confinement,
 1823  supervision, or sanction for the disqualifying offense; or
 1824         (e)Commissions of acts of domestic violence as defined in
 1825  s. 741.30.
 1826  
 1827  For the purposes of this subsection, the term “felonies” means
 1828  both felonies prohibited under any of the Florida Statutes cited
 1829  in this chapter or under similar statutes of other
 1830  jurisdictions.
 1831         (2) Persons employed, or applicants for employment, by
 1832  treatment providers who treat adolescents 13 years of age and
 1833  older who are disqualified from employment solely because of
 1834  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 1835  exempted from disqualification from employment pursuant to this
 1836  chapter section without application of the 3-year waiting period
 1837  in paragraph (1)(a).
 1838         (3)(a) In order for the head of an agency a licensing
 1839  department to grant an exemption to any employee, the employee
 1840  must demonstrate by clear and convincing evidence that the
 1841  employee should not be disqualified from employment. Employees
 1842  seeking an exemption have the burden of setting forth clear and
 1843  convincing sufficient evidence of rehabilitation, including, but
 1844  not limited to, the circumstances surrounding the criminal
 1845  incident for which an exemption is sought, the time period that
 1846  has elapsed since the incident, the nature of the harm caused to
 1847  the victim, and the history of the employee since the incident,
 1848  or any other evidence or circumstances indicating that the
 1849  employee will not present a danger if employment or continued
 1850  employment is allowed.
 1851         (b) The agency may consider as part of its deliberations of
 1852  the employee’s rehabilitation the fact that the employee has,
 1853  subsequent to the conviction for the disqualifying offense for
 1854  which the exemption is being sought, been arrested for or
 1855  convicted of another crime, even if that crime is not a
 1856  disqualifying offense.
 1857         (c) The decision of the head of an agency licensing
 1858  department regarding an exemption may be contested through the
 1859  hearing procedures set forth in chapter 120. The standard of
 1860  review by the administrative law judge is whether the agency’s
 1861  intended action is an abuse of discretion.
 1862         (4)(a) Disqualification from employment under this chapter
 1863  subsection (1) may not be removed from, nor may an exemption be
 1864  granted to, any personnel who is found guilty of, regardless of
 1865  adjudication, or who has entered a plea of nolo contendere or
 1866  guilty to, any felony covered by s. 435.03 or s. 435.04 solely
 1867  by reason of any pardon, executive clemency, or restoration of
 1868  civil rights.
 1869         (b)Disqualification from employment under this chapter may
 1870  not be removed from, nor may an exemption be granted to, any
 1871  person who has been designated as a:
 1872         1. Sexual predator pursuant to s. 775.21;
 1873         2. Career offender pursuant to s. 775.261; or
 1874         3. Sexual offender pursuant to s. 943.0435, unless the
 1875  person has had the sexual offender designation removed pursuant
 1876  to s. 943.04354.
 1877         (5) Exemptions granted by one licensing agency shall be
 1878  considered by subsequent licensing agencies, but are not binding
 1879  on the subsequent licensing agency.
 1880         Section 38. Section 435.08, Florida Statutes, is amended to
 1881  read:
 1882         435.08 Payment for processing of fingerprints and state
 1883  criminal records checks.—Either the employer or the employee is
 1884  responsible for paying the costs of screening. Payment shall be
 1885  submitted to the Florida Department of Law Enforcement with the
 1886  request for screening. The appropriate agency is responsible for
 1887  collecting and paying any fee related to fingerprints retained
 1888  on its behalf to the Department of Law Enforcement for costs
 1889  resulting from the fingerprint information retention services.
 1890  The amount of the annual fee and procedures for the submission
 1891  and retention of fingerprint information and for the
 1892  dissemination of search results shall be established by rule of
 1893  the Department of Law Enforcement.
 1894         Section 39. Subsection (1) of section 464.203, Florida
 1895  Statutes, is amended to read:
 1896         464.203 Certified nursing assistants; certification
 1897  requirement.—
 1898         (1) The board shall issue a certificate to practice as a
 1899  certified nursing assistant to any person who demonstrates a
 1900  minimum competency to read and write and successfully passes the
 1901  required background Level I or Level II screening pursuant to s.
 1902  400.215 and meets one of the following requirements:
 1903         (a) Has successfully completed an approved training program
 1904  and achieved a minimum score, established by rule of the board,
 1905  on the nursing assistant competency examination, which consists
 1906  of a written portion and skills-demonstration portion approved
 1907  by the board and administered at a site and by personnel
 1908  approved by the department.
 1909         (b) Has achieved a minimum score, established by rule of
 1910  the board, on the nursing assistant competency examination,
 1911  which consists of a written portion and skills-demonstration
 1912  portion, approved by the board and administered at a site and by
 1913  personnel approved by the department and:
 1914         1. Has a high school diploma, or its equivalent; or
 1915         2. Is at least 18 years of age.
 1916         (c) Is currently certified in another state; is listed on
 1917  that state’s certified nursing assistant registry; and has not
 1918  been found to have committed abuse, neglect, or exploitation in
 1919  that state.
 1920         (d) Has completed the curriculum developed under the
 1921  Enterprise Florida Jobs and Education Partnership Grant and
 1922  achieved a minimum score, established by rule of the board, on
 1923  the nursing assistant competency examination, which consists of
 1924  a written portion and skills-demonstration portion, approved by
 1925  the board and administered at a site and by personnel approved
 1926  by the department.
 1927         Section 40. Subsection (9) of section 489.115, Florida
 1928  Statutes, is amended to read:
 1929         489.115 Certification and registration; endorsement;
 1930  reciprocity; renewals; continuing education.—
 1931         (9) An initial applicant shall submit, along with the
 1932  application, a complete set of fingerprints to in a form and
 1933  manner required by the department. The fingerprints shall be
 1934  submitted to the Department of Law Enforcement for state
 1935  processing, and the Department of Law Enforcement shall forward
 1936  them to the Federal Bureau of Investigation for national
 1937  processing for the purpose of determining if the applicant has a
 1938  criminal history record conducting a level 2 background check
 1939  pursuant to s. 435.04. The department shall and the board may
 1940  review the background results to determine if an applicant meets
 1941  licensure requirements. The cost for the fingerprint processing
 1942  shall be borne by the person subject to the background
 1943  screening. These fees are to be collected by the authorized
 1944  agencies or vendors. The authorized agencies or vendors are
 1945  responsible for paying the processing costs to the Department of
 1946  Law Enforcement.
 1947         Section 41. Paragraphs (g) and (h) of subsection (2) of
 1948  section 943.05, Florida Statutes, are amended, and subsection
 1949  (4) is added to that section, to read:
 1950         943.05 Criminal Justice Information Program; duties; crime
 1951  reports.—
 1952         (2) The program shall:
 1953         (g) Upon official written request, and subject to the
 1954  department having sufficient funds and equipment to participate
 1955  in such a request, from the agency executive director or
 1956  secretary, or from his or her designee, or from qualified
 1957  entities participating in the volunteer and employee criminal
 1958  history screening system under s. 943.0542, or as otherwise
 1959  required As authorized by law, retain fingerprints submitted by
 1960  criminal and noncriminal justice agencies to the department for
 1961  a criminal history background screening in a manner provided by
 1962  rule and enter the fingerprints in the statewide automated
 1963  fingerprint identification system authorized by paragraph (b).
 1964  Such fingerprints shall thereafter be available for all purposes
 1965  and uses authorized for arrest fingerprint submissions cards
 1966  entered into the statewide automated fingerprint identification
 1967  system pursuant to s. 943.051.
 1968         (h)1.For each agency or qualified entity that officially
 1969  requests retention of fingerprints or for which retention is
 1970  otherwise required As authorized by law, search all arrest
 1971  fingerprint submissions cards received under s. 943.051 against
 1972  the fingerprints retained in the statewide automated fingerprint
 1973  identification system under paragraph (g).
 1974         1. Any arrest record that is identified with the retained
 1975  fingerprints of a person subject to background screening as
 1976  provided in paragraph (g) shall be reported to the appropriate
 1977  agency or qualified entity.
 1978         2. To Agencies may participate in this search process,
 1979  agencies or qualified entities must notify each person
 1980  fingerprinted that his or her fingerprints will be retained, pay
 1981  by payment of an annual fee to the department, and inform by
 1982  informing the department of any change in the affiliation,
 1983  employment, or contractual status or place of affiliation,
 1984  employment, or contracting of each person the persons whose
 1985  fingerprints are retained under paragraph (g) when such change
 1986  removes or eliminates the agency or qualified entity’s basis or
 1987  need for receiving reports of any arrest of that person, so that
 1988  the agency or qualified entity will not be obligated to pay the
 1989  upcoming annual fee for the retention and searching of that
 1990  person’s fingerprints to the department. The department shall
 1991  adopt a rule setting the amount of the annual fee to be imposed
 1992  upon each participating agency or qualified entity for
 1993  performing these searches and establishing the procedures for
 1994  the retention of fingerprints and the dissemination of search
 1995  results. The fee may be borne by the agency, qualified entity,
 1996  or person subject to fingerprint retention or as otherwise
 1997  provided by law. Fees may be waived or reduced by the executive
 1998  director for good cause shown. Consistent with the recognition
 1999  of criminal justice agencies expressed in s. 943.053(3), these
 2000  services will be provided to criminal justice agencies for
 2001  criminal justice purposes free of charge.
 2002         3. Agencies that participate in the fingerprint retention
 2003  and search process may adopt rules pursuant to ss. 120.536(1)
 2004  and 120.54 to require employers to keep the agency informed of
 2005  any change in the affiliation, employment, or contractual status
 2006  of each person whose fingerprints are retained under paragraph
 2007  (g) when such change removes or eliminates the agency’s basis or
 2008  need for receiving reports of any arrest of that person, so that
 2009  the agency will not be obligated to pay the upcoming annual fee
 2010  for the retention and searching of that person’s fingerprints to
 2011  the department.
 2012         (4) Upon notification that a federal fingerprint retention
 2013  program is in effect, and subject to the department being funded
 2014  and equipped to participate in such a program, the department
 2015  shall, when state and national criminal history records checks
 2016  and retention of submitted prints are authorized or required by
 2017  law, retain the fingerprints as provided in paragraphs (2)(g)
 2018  and (h) and advise the Federal Bureau of Investigation to retain
 2019  the fingerprints at the national level for searching against
 2020  arrest fingerprint submissions received at the national level.
 2021         Section 42. Subsections (6) and (11) of section 943.053,
 2022  Florida Statutes, are amended to read:
 2023         943.053 Dissemination of criminal justice information;
 2024  fees.—
 2025         (6) Notwithstanding any other provision of law, the
 2026  department shall provide to the Florida Department of Revenue
 2027  Child Support Enforcement access to Florida criminal records
 2028  which are not exempt from disclosure under chapter 119, and to
 2029  such information as may be lawfully available from other states
 2030  via the National Law Enforcement Telecommunications System, for
 2031  the purpose of locating subjects who owe or potentially owe
 2032  support, as defined in s. 409.2554, or to whom such obligation
 2033  is owed pursuant to Title IV-D of the Social Security Act. Such
 2034  information may be provided to child support enforcement
 2035  authorities in other states for these specific purposes.
 2036         (11) A criminal justice agency that is authorized under
 2037  federal rules or law to conduct a criminal history background
 2038  check on an agency employee who is not certified by the Criminal
 2039  Justice Standards and Training Commission under s. 943.12 may
 2040  submit to the department the fingerprints of the noncertified
 2041  employee to obtain state and national criminal history
 2042  information. Effective January 15, 2007, The fingerprints
 2043  submitted shall be retained and entered in the statewide
 2044  automated fingerprint identification system authorized by s.
 2045  943.05 and shall be available for all purposes and uses
 2046  authorized for arrest fingerprint submissions cards entered in
 2047  the statewide automated fingerprint identification system
 2048  pursuant to s. 943.051. The department shall search all arrest
 2049  fingerprint submissions cards received pursuant to s. 943.051
 2050  against the fingerprints retained in the statewide automated
 2051  fingerprint identification system pursuant to this section. In
 2052  addition to all purposes and uses authorized for arrest
 2053  fingerprint submissions cards for which submitted fingerprints
 2054  may be used, any arrest record that is identified with the
 2055  retained employee fingerprints must be reported to the
 2056  submitting employing agency.
 2057         Section 43. Section 985.644, Florida Statutes, is amended
 2058  to read:
 2059         985.644 Departmental contracting powers; personnel
 2060  standards and screening.—
 2061         (1) The department of Juvenile Justice or the Department of
 2062  Children and Family Services, as appropriate, may contract with
 2063  the Federal Government, other state departments and agencies,
 2064  county and municipal governments and agencies, public and
 2065  private agencies, and private individuals and corporations in
 2066  carrying out the purposes of, and the responsibilities
 2067  established in, this chapter.
 2068         (a) When the Department of Juvenile Justice or the
 2069  Department of Children and Family Services contracts with a
 2070  provider for any program for children, all personnel, including
 2071  owners, operators, employees, and volunteers, in the facility
 2072  must be of good moral character. Each contract entered into by
 2073  the either department for services delivered on an appointment
 2074  or intermittent basis by a provider that does not have regular
 2075  custodial responsibility for children and each contract with a
 2076  school for before or aftercare services must ensure that the all
 2077  owners, operators, and all personnel who have direct contact
 2078  with children are subject to level 2 background screening
 2079  pursuant to chapter 435 of good moral character. A volunteer who
 2080  assists on an intermittent basis for less than 40 hours per
 2081  month need not be screened if the volunteer is under direct and
 2082  constant supervision by persons who meet the screening
 2083  requirements.
 2084         (b) The Department of Juvenile Justice and the Department
 2085  of Children and Family Services shall require employment
 2086  screening pursuant to chapter 435, using the level 2 standards
 2087  set forth in that chapter for personnel in programs for children
 2088  or youths.
 2089         (c) The Department of Juvenile Justice or the Department of
 2090  Children and Family Services may grant exemptions from
 2091  disqualification from working with children as provided in s.
 2092  435.07.
 2093         (2) The department may contract with the Federal
 2094  Government, other state departments and agencies, county and
 2095  municipal governments and agencies, public and private agencies,
 2096  and private individuals and corporations in carrying out the
 2097  purposes and the responsibilities of the delinquency services
 2098  and programs of the department.
 2099         (2)(3) The department shall adopt a rule pursuant to
 2100  chapter 120 establishing a procedure to provide notice of policy
 2101  changes that affect contracted delinquency services and
 2102  programs. A policy is defined as an operational requirement that
 2103  applies to only the specified contracted delinquency service or
 2104  program. The procedure shall include:
 2105         (a) Public notice of policy development.
 2106         (b) Opportunity for public comment on the proposed policy.
 2107         (c) Assessment for fiscal impact upon the department and
 2108  providers.
 2109         (d) The department’s response to comments received.
 2110         (4) When the department contracts with a provider for any
 2111  delinquency service or program, all personnel, including all
 2112  owners, operators, employees, and volunteers in the facility or
 2113  providing the service or program shall be of good moral
 2114  character. A volunteer who assists on an intermittent basis for
 2115  less than 40 hours per month is not required to be screened if
 2116  the volunteer is under direct and constant supervision by
 2117  persons who meet the screening requirements.
 2118         (3)(5)(a) All employees of the department and all personnel
 2119  of contract providers for any program for children, including
 2120  all owners, operators, employees, persons who have access to
 2121  confidential juvenile records, and volunteers, must complete For
 2122  any person employed by the department, or by a provider under
 2123  contract with the department, in delinquency facilities,
 2124  services, or programs, the department shall require:
 2125         1. A level 2 employment screening pursuant to chapter 435
 2126  prior to employment. The security background investigations
 2127  conducted under this section must ensure that, in addition to
 2128  the disqualifying offenses listed in s. 435.04, no person
 2129  subject to the background screening provisions of this section
 2130  has been found guilty of, regardless of adjudication, or entered
 2131  a plea of nolo contendere or guilty to, any offense prohibited
 2132  under any of the following provisions of the Florida Statutes or
 2133  under any similar statute of another jurisdiction:
 2134         a. Section 784.07, relating to assault or battery of law
 2135  enforcement officers, firefighters, emergency medical care
 2136  providers, public transit employees or agents, or other
 2137  specified officers.
 2138         b. Section 817.568, relating to criminal use of personal
 2139  identification information.
 2140         2. A national federal criminal records check by the Federal
 2141  Bureau of Investigation every 5 years following the date of the
 2142  person’s employment.
 2143         (b) Except for law enforcement, correctional, and
 2144  correctional probation officers, to whom s. 943.13(5) applies,
 2145  the department shall electronically submit to the Department of
 2146  Law Enforcement:
 2147         1. Fingerprint information obtained during the employment
 2148  screening required by subparagraph (a)1.
 2149         2. Beginning on December 15, 2005, Fingerprint information
 2150  for all persons employed by the department, or by a provider
 2151  under contract with the department, in delinquency facilities,
 2152  services, or programs if such fingerprint information has not
 2153  previously been electronically submitted to the Department of
 2154  Law Enforcement under this paragraph.
 2155         (c) All fingerprint information electronically submitted to
 2156  the Department of Law Enforcement under paragraph (b) shall be
 2157  retained by the Department of Law Enforcement and entered into
 2158  the statewide automated fingerprint identification system
 2159  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
 2160  information shall be available for all purposes and uses
 2161  authorized for arrest fingerprint information entered into the
 2162  statewide automated fingerprint identification system pursuant
 2163  to s. 943.051 until the fingerprint information is removed
 2164  pursuant to paragraph (e). The Department of Law Enforcement
 2165  shall search all arrest fingerprint information received
 2166  pursuant to s. 943.051 against the fingerprint information
 2167  entered into the statewide automated fingerprint system pursuant
 2168  to this subsection. Any arrest records identified as a result of
 2169  the search shall be reported to the department in the manner and
 2170  timeframe established by the Department of Law Enforcement by
 2171  rule.
 2172         (d) The department shall pay an annual fee to the
 2173  Department of Law Enforcement for its costs resulting from the
 2174  fingerprint information retention services required by this
 2175  subsection. The amount of the annual fee and procedures for the
 2176  submission and retention of fingerprint information and for the
 2177  dissemination of search results shall be established by the
 2178  Department of Law Enforcement by a rule that is applicable to
 2179  the department individually pursuant to this subsection or that
 2180  is applicable to the department and other employing agencies
 2181  pursuant to rulemaking authority otherwise provided by law.
 2182         (e) The department shall notify the Department of Law
 2183  Enforcement when a person whose fingerprint information is
 2184  retained by the Department of Law Enforcement under this
 2185  subsection is no longer employed by the department, or by a
 2186  provider under contract with the department, in a delinquency
 2187  facility, service, or program. This notice shall be provided by
 2188  the department to the Department of Law Enforcement no later
 2189  than 6 months after the date of the change in the person’s
 2190  employment status. Fingerprint information for persons
 2191  identified by the department in the notice shall be removed from
 2192  the statewide automated fingerprint system.
 2193         (6) The department may grant exemptions from
 2194  disqualification from working with children as provided in s.
 2195  435.07.
 2196         (7) The department may adopt rules pursuant to ss.
 2197  120.536(1) and 120.54 to describe the procedure and requirements
 2198  necessary to implement the employment screening and fingerprint
 2199  retention services for all employees of the department and all
 2200  personnel of contract providers for any program for children,
 2201  including all owners, operators, employees, and volunteers,
 2202  including the collection of associated fees.
 2203         Section 44. Paragraph (a) of subsection (1) of section
 2204  381.60225, Florida Statutes, is amended to read:
 2205         381.60225 Background screening.—
 2206         (1) Each applicant for certification must comply with the
 2207  following requirements:
 2208         (a) Upon receipt of a completed, signed, and dated
 2209  application, the Agency for Health Care Administration shall
 2210  require background screening, in accordance with the level 2
 2211  standards for screening set forth in chapter 435, of the
 2212  managing employee, or other similarly titled individual
 2213  responsible for the daily operation of the organization, agency,
 2214  or entity, and financial officer, or other similarly titled
 2215  individual who is responsible for the financial operation of the
 2216  organization, agency, or entity, including billings for
 2217  services. The applicant must comply with the procedures for
 2218  level 2 background screening as set forth in chapter 435, as
 2219  well as the requirements of s. 435.03(3).
 2220         Section 45. Subsection (32) of section 409.912, Florida
 2221  Statutes, is amended to read:
 2222         409.912 Cost-effective purchasing of health care.—The
 2223  agency shall purchase goods and services for Medicaid recipients
 2224  in the most cost-effective manner consistent with the delivery
 2225  of quality medical care. To ensure that medical services are
 2226  effectively utilized, the agency may, in any case, require a
 2227  confirmation or second physician’s opinion of the correct
 2228  diagnosis for purposes of authorizing future services under the
 2229  Medicaid program. This section does not restrict access to
 2230  emergency services or poststabilization care services as defined
 2231  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2232  shall be rendered in a manner approved by the agency. The agency
 2233  shall maximize the use of prepaid per capita and prepaid
 2234  aggregate fixed-sum basis services when appropriate and other
 2235  alternative service delivery and reimbursement methodologies,
 2236  including competitive bidding pursuant to s. 287.057, designed
 2237  to facilitate the cost-effective purchase of a case-managed
 2238  continuum of care. The agency shall also require providers to
 2239  minimize the exposure of recipients to the need for acute
 2240  inpatient, custodial, and other institutional care and the
 2241  inappropriate or unnecessary use of high-cost services. The
 2242  agency shall contract with a vendor to monitor and evaluate the
 2243  clinical practice patterns of providers in order to identify
 2244  trends that are outside the normal practice patterns of a
 2245  provider’s professional peers or the national guidelines of a
 2246  provider’s professional association. The vendor must be able to
 2247  provide information and counseling to a provider whose practice
 2248  patterns are outside the norms, in consultation with the agency,
 2249  to improve patient care and reduce inappropriate utilization.
 2250  The agency may mandate prior authorization, drug therapy
 2251  management, or disease management participation for certain
 2252  populations of Medicaid beneficiaries, certain drug classes, or
 2253  particular drugs to prevent fraud, abuse, overuse, and possible
 2254  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2255  Committee shall make recommendations to the agency on drugs for
 2256  which prior authorization is required. The agency shall inform
 2257  the Pharmaceutical and Therapeutics Committee of its decisions
 2258  regarding drugs subject to prior authorization. The agency is
 2259  authorized to limit the entities it contracts with or enrolls as
 2260  Medicaid providers by developing a provider network through
 2261  provider credentialing. The agency may competitively bid single
 2262  source-provider contracts if procurement of goods or services
 2263  results in demonstrated cost savings to the state without
 2264  limiting access to care. The agency may limit its network based
 2265  on the assessment of beneficiary access to care, provider
 2266  availability, provider quality standards, time and distance
 2267  standards for access to care, the cultural competence of the
 2268  provider network, demographic characteristics of Medicaid
 2269  beneficiaries, practice and provider-to-beneficiary standards,
 2270  appointment wait times, beneficiary use of services, provider
 2271  turnover, provider profiling, provider licensure history,
 2272  previous program integrity investigations and findings, peer
 2273  review, provider Medicaid policy and billing compliance records,
 2274  clinical and medical record audits, and other factors. Providers
 2275  shall not be entitled to enrollment in the Medicaid provider
 2276  network. The agency shall determine instances in which allowing
 2277  Medicaid beneficiaries to purchase durable medical equipment and
 2278  other goods is less expensive to the Medicaid program than long
 2279  term rental of the equipment or goods. The agency may establish
 2280  rules to facilitate purchases in lieu of long-term rentals in
 2281  order to protect against fraud and abuse in the Medicaid program
 2282  as defined in s. 409.913. The agency may seek federal waivers
 2283  necessary to administer these policies.
 2284         (32) Each managed care plan that is under contract with the
 2285  agency to provide health care services to Medicaid recipients
 2286  shall annually conduct a background check with the Florida
 2287  Department of Law Enforcement of all persons with ownership
 2288  interest of 5 percent or more or executive management
 2289  responsibility for the managed care plan and shall submit to the
 2290  agency information concerning any such person who has been found
 2291  guilty of, regardless of adjudication, or has entered a plea of
 2292  nolo contendere or guilty to, any of the offenses listed in s.
 2293  435.04 435.03.
 2294         Section 46. Paragraph (e) of subsection (1) of section
 2295  464.018, Florida Statutes, is amended to read:
 2296         464.018 Disciplinary actions.—
 2297         (1) The following acts constitute grounds for denial of a
 2298  license or disciplinary action, as specified in s. 456.072(2):
 2299         (e) Having been found guilty of, regardless of
 2300  adjudication, or entered a plea of nolo contendere or guilty to,
 2301  any offense prohibited under s. 435.04 435.03 or under any
 2302  similar statute of another jurisdiction; or having committed an
 2303  act which constitutes domestic violence as defined in s. 741.28.
 2304         Section 47. Paragraph (m) of subsection (1) of section
 2305  468.3101, Florida Statutes, is amended to read:
 2306         468.3101 Disciplinary grounds and actions.—
 2307         (1) The department may make or require to be made any
 2308  investigations, inspections, evaluations, and tests, and require
 2309  the submission of any documents and statements, which it
 2310  considers necessary to determine whether a violation of this
 2311  part has occurred. The following acts shall be grounds for
 2312  disciplinary action as set forth in this section:
 2313         (m) Having been found guilty of, regardless of
 2314  adjudication, or pleading guilty or nolo contendere to, any
 2315  offense prohibited under s. 435.04 435.03 or under any similar
 2316  statute of another jurisdiction.
 2317         Section 48. Subsection (3) of section 744.309, Florida
 2318  Statutes, is amended to read:
 2319         744.309 Who may be appointed guardian of a resident ward.—
 2320         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 2321  of a felony or who, from any incapacity or illness, is incapable
 2322  of discharging the duties of a guardian, or who is otherwise
 2323  unsuitable to perform the duties of a guardian, shall be
 2324  appointed to act as guardian. Further, no person who has been
 2325  judicially determined to have committed abuse, abandonment, or
 2326  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 2327  (2), and (37), or who has been found guilty of, regardless of
 2328  adjudication, or entered a plea of nolo contendere or guilty to,
 2329  any offense prohibited under s. 435.04 435.03 or under any
 2330  similar statute of another jurisdiction, shall be appointed to
 2331  act as a guardian. Except as provided in subsection (5) or
 2332  subsection (6), a person who provides substantial services to
 2333  the proposed ward in a professional or business capacity, or a
 2334  creditor of the proposed ward, may not be appointed guardian and
 2335  retain that previous professional or business relationship. A
 2336  person may not be appointed a guardian if he or she is in the
 2337  employ of any person, agency, government, or corporation that
 2338  provides service to the proposed ward in a professional or
 2339  business capacity, except that a person so employed may be
 2340  appointed if he or she is the spouse, adult child, parent, or
 2341  sibling of the proposed ward or the court determines that the
 2342  potential conflict of interest is insubstantial and that the
 2343  appointment would clearly be in the proposed ward’s best
 2344  interest. The court may not appoint a guardian in any other
 2345  circumstance in which a conflict of interest may occur.
 2346         Section 49. Subsection (12) of section 744.474, Florida
 2347  Statutes, is amended to read:
 2348         744.474 Reasons for removal of guardian.—A guardian may be
 2349  removed for any of the following reasons, and the removal shall
 2350  be in addition to any other penalties prescribed by law:
 2351         (12) Having been found guilty of, regardless of
 2352  adjudication, or entered a plea of nolo contendere or guilty to,
 2353  any offense prohibited under s. 435.04 435.03 or under any
 2354  similar statute of another jurisdiction.
 2355         Section 50. Paragraph (a) of subsection (6) of section
 2356  985.04, Florida Statutes, is amended to read:
 2357         985.04 Oaths; records; confidential information.—
 2358         (6)(a) Records maintained by the department, including
 2359  copies of records maintained by the court, which pertain to a
 2360  child found to have committed a delinquent act which, if
 2361  committed by an adult, would be a crime specified in s. ss.
 2362  435.03 and 435.04 may not be destroyed under this section for a
 2363  period of 25 years after the youth’s final referral to the
 2364  department, except in cases of the death of the child. Such
 2365  records, however, shall be sealed by the court for use only in
 2366  meeting the screening requirements for personnel in s. 402.3055
 2367  and the other sections cited above, or under departmental rule;
 2368  however, current criminal history information must be obtained
 2369  from the Department of Law Enforcement in accordance with s.
 2370  943.053. The information shall be released to those persons
 2371  specified in the above cited sections for the purposes of
 2372  complying with those sections. The court may punish by contempt
 2373  any person who releases or uses the records for any unauthorized
 2374  purpose.
 2375         Section 51. Section 409.1758, Florida Statutes, is
 2376  repealed.
 2377         Section 52. Paragraph (d) of subsection (4) of section
 2378  456.039, Florida Statutes, is repealed.
 2379         Section 53. The changes made by this act are intended to be
 2380  prospective in nature. It is not intended that persons who are
 2381  employed or licensed on the effective date of this act be
 2382  rescreened until such time as they are otherwise required to be
 2383  rescreened pursuant to law, at which time they must meet the
 2384  requirements for screening as set forth in this act.
 2385         Section 54. This act shall take effect July 1, 2010.

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