September 20, 2020
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       Florida Senate - 2010                      CS for CS for SB 1520
       
       
       
       By the Committees on Criminal Justice; and Children, Families,
       and Elder Affairs; and Senator Storms
       
       
       
       591-03785-10                                          20101520c2
    1                        A bill to be entitled                      
    2         An act relating to background screening; amending s.
    3         39.001, F.S.; revising an exemption from screening
    4         requirements for volunteers who assist providers under
    5         contract with the Department of Children and Family
    6         Services; amending s. 39.821, F.S.; revising
    7         background screening requirements for the Guardian Ad
    8         Litem Program; amending s. 215.5586, F.S.; removing
    9         reference to ch. 435, F.S., for background screening
   10         of hurricane mitigation inspectors; amending s.
   11         393.0655, F.S.; revising an exemption from screening
   12         requirements for volunteers; removing a temporary
   13         exemption from screening requirements for direct
   14         service providers awaiting completion of a background
   15         screening; adding additional disqualifying offenses
   16         for the screening of direct service providers for
   17         persons with developmental disabilities; amending s.
   18         394.4572, F.S.; revising background screening
   19         requirements for mental health personnel; amending s.
   20         400.215, F.S.; revising background screening
   21         requirements for nursing home personnel; amending s.
   22         400.506, F.S.; conforming provisions to changes made
   23         by the act; amending s. 400.512, F.S.; revising
   24         background screening requirements for home health
   25         agency personnel, nurse registry personnel, and
   26         companions and homemakers; amending s. 400.6065, F.S.;
   27         revising background screening requirements for hospice
   28         personnel; amending s. 400.801, F.S.; revising
   29         background screening requirements for personnel at
   30         homes for special services; amending s. 400.805, F.S.;
   31         revising background screening requirements for
   32         transitional living facility personnel; creating s.
   33         400.9065, F.S.; providing background screening
   34         requirements for prescribed pediatric extended care
   35         center personnel; amending s. 400.934, F.S.; revising
   36         minimum standards for home medical equipment
   37         providers; amending s. 400.953, F.S.; revising
   38         background screening requirements for home medical
   39         equipment provider personnel; repealing s. 400.955,
   40         F.S., relating to the procedures for screening of home
   41         medical equipment provider personnel; amending s.
   42         400.964, F.S.; revising background screening
   43         requirements for personnel at intermediate care
   44         facilities for developmentally disabled persons;
   45         amending s. 400.980, F.S.; revising background
   46         screening requirements for personnel at health care
   47         services pools; amending s. 400.991, F.S.; revising
   48         background screening requirements for applicants and
   49         personnel at health care clinics; amending s. 408.806,
   50         F.S.; adding a requirement for an affidavit relating
   51         to background screening to the license application
   52         process under the Agency for Health Care
   53         Administration; amending s. 408.808, F.S.; conforming
   54         provisions to changes made by the act; amending s.
   55         408.809, F.S.; revising background screening
   56         requirements under the Agency for Health Care
   57         Administration; requiring electronic submission of
   58         fingerprints; amending s. 402.302, F.S.; revising
   59         exemptions from screening requirements for volunteers
   60         and students; amending s. 409.175, F.S.; revising an
   61         exemption from screening requirements for volunteers;
   62         revising background screening requirements for
   63         employees and volunteers in summer day camps and
   64         summer 24-hour camps; requiring periodic drug testing
   65         for licensed foster parents; requiring payment by the
   66         foster parent; amending s. 409.221, F.S.; revising
   67         background screening requirements for persons who
   68         render consumer-directed care; amending s. 409.907,
   69         F.S.; revising background screening requirements for
   70         Medicaid providers; amending s. 411.01, F.S.;
   71         requiring school districts to make a list of eligible
   72         substitute teachers available to early learning
   73         coalitions; amending s. 429.14, F.S.; revising
   74         administrative penalty provisions relating to assisted
   75         living facilities; amending s. 429.174, F.S.; revising
   76         background screening requirements for assisted living
   77         facility personnel; amending s. 429.67, F.S.; revising
   78         licensure requirements for adult family-care home
   79         personnel and household members; amending s. 429.69,
   80         F.S.; revising background screening requirements for
   81         adult family-care home personnel; amending s. 429.911,
   82         F.S.; revising administrative penalty provisions
   83         relating to adult day care centers; amending s.
   84         429.919, F.S.; revising background screening
   85         requirements for adult day care center personnel;
   86         creating s. 430.0402, F.S.; providing background
   87         screening requirements for direct service providers
   88         under the Department of Elderly Affairs; amending s.
   89         435.01, F.S.; revising provisions related to the
   90         applicability of ch. 435, F.S., statutory references
   91         to the chapter, and rulemaking; providing construction
   92         with respect to the doctrine of incorporation by
   93         reference; amending s. 435.02, F.S.; revising and
   94         adding definitions; amending s. 435.03, F.S.; revising
   95         level 1 screening standards; adding disqualifying
   96         offenses; amending s. 435.04, F.S.; revising level 2
   97         screening standards; requiring electronic submission
   98         of fingerprints after a certain date; authorizing
   99         agencies to contract for electronic fingerprinting;
  100         adding disqualifying offenses; amending s. 435.05,
  101         F.S.; revising background check requirements for
  102         covered employees and employers; amending s. 435.06,
  103         F.S.; revising provisions relating to exclusion from
  104         employment; providing that an employer may not hire,
  105         select, or otherwise allow an employee contact with
  106         any vulnerable person until the screening process is
  107         completed; requiring removal of an employee arrested
  108         for disqualifying offenses from roles requiring
  109         background screening until the employee’s eligibility
  110         for employment is determined; amending s. 435.07,
  111         F.S.; revising provisions relating to exemptions from
  112         disqualification; amending s. 435.08, F.S.; revising
  113         provisions relating to the payment for processing of
  114         fingerprints and criminal history records checks;
  115         amending s. 464.203, F.S.; conforming provisions to
  116         changes made by the act; amending s. 489.115, F.S.;
  117         removing reference to ch. 435, F.S., for background
  118         screening of construction contractors; amending s.
  119         943.05, F.S.; revising provisions relating to the
  120         Criminal Justice Information Program under the
  121         Department of Law Enforcement; authorizing agencies to
  122         request the retention of certain fingerprints by the
  123         department; providing for rulemaking to require
  124         employers to keep the agencies informed of any change
  125         in the affiliation, employment, or contractual status
  126         of each person whose fingerprints are retained in
  127         certain circumstances; providing departmental duties
  128         upon notification that a federal fingerprint retention
  129         program is in effect; amending s. 943.053, F.S.;
  130         removing obsolete references relating to the
  131         dissemination of criminal justice information;
  132         amending s. 984.01, F.S.; revising an exemption from
  133         screening requirements for volunteers who assist with
  134         programs for children; amending s. 985.644, F.S.;
  135         revising background screening requirements for the
  136         Department of Juvenile Justice; authorizing
  137         rulemaking; amending ss. 381.60225, 409.912, 464.018,
  138         468.3101, 744.309, 744.474, and 985.04, F.S.;
  139         conforming provisions to changes made to ch. 435,
  140         F.S., by the act; repealing s. 409.1758, F.S.,
  141         relating to screening of summer camp personnel;
  142         repealing s. 456.039(4)(d), F.S., relating to
  143         information required for licensure of designated
  144         health care professionals; providing for prospective
  145         application of the act; providing an effective date.
  146  
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. Paragraph (a) of subsection (2) of section
  150  39.001, Florida Statutes, is amended to read:
  151         39.001 Purposes and intent; personnel standards and
  152  screening.—
  153         (2) DEPARTMENT CONTRACTS.—The department may contract with
  154  the Federal Government, other state departments and agencies,
  155  county and municipal governments and agencies, public and
  156  private agencies, and private individuals and corporations in
  157  carrying out the purposes of, and the responsibilities
  158  established in, this chapter.
  159         (a) When the department contracts with a provider for any
  160  program for children, all personnel, including owners,
  161  operators, employees, and volunteers, in the facility must be of
  162  good moral character. A volunteer who assists on an intermittent
  163  basis for less than 10 40 hours per month need not be screened,
  164  provided a person who meets the screening requirement of this
  165  section is always present and has the volunteer within his or
  166  her line of sight if the volunteer is under direct and constant
  167  supervision by persons who meet the screening requirements.
  168         Section 2. Subsection (1) of section 39.821, Florida
  169  Statutes, is amended to read:
  170         39.821 Qualifications of guardians ad litem.—
  171         (1) Because of the special trust or responsibility placed
  172  in a guardian ad litem, the Guardian Ad Litem Program may use
  173  any private funds collected by the program, or any state funds
  174  so designated, to conduct a security background investigation
  175  before certifying a volunteer to serve. A security background
  176  investigation must include, but need not be limited to,
  177  employment history checks, checks of references, local criminal
  178  records checks through local law enforcement agencies, and
  179  statewide criminal records checks through the Department of Law
  180  Enforcement. Upon request, an employer shall furnish a copy of
  181  the personnel record for the employee or former employee who is
  182  the subject of a security background investigation conducted
  183  under this section. The information contained in the personnel
  184  record may include, but need not be limited to, disciplinary
  185  matters and the reason why the employee was terminated from
  186  employment. An employer who releases a personnel record for
  187  purposes of a security background investigation is presumed to
  188  have acted in good faith and is not liable for information
  189  contained in the record without a showing that the employer
  190  maliciously falsified the record. A security background
  191  investigation conducted under this section must ensure that a
  192  person is not certified as a guardian ad litem if the person has
  193  been convicted of, regardless of adjudication, or entered a plea
  194  of nolo contendere or guilty to, any offense prohibited under
  195  the provisions listed in s. 435.04. All applicants certified on
  196  or after August 1, 2010, must undergo a level 2 background
  197  screening pursuant to chapter 435 before being certified the
  198  provisions of the Florida Statutes specified in s. 435.04(2) or
  199  under any similar law in another jurisdiction. Before certifying
  200  an applicant to serve as a guardian ad litem, the Guardian Ad
  201  Litem Program may request a federal criminal records check of
  202  the applicant through the Federal Bureau of Investigation. In
  203  analyzing and evaluating the information obtained in the
  204  security background investigation, the program must give
  205  particular emphasis to past activities involving children,
  206  including, but not limited to, child-related criminal offenses
  207  or child abuse. The program has the sole discretion in
  208  determining whether to certify a person based on his or her
  209  security background investigation. The information collected
  210  pursuant to the security background investigation is
  211  confidential and exempt from s. 119.07(1).
  212         Section 3. Paragraph (b) of subsection (1) of section
  213  215.5586, Florida Statutes, is amended to read:
  214         215.5586 My Safe Florida Home Program.—There is established
  215  within the Department of Financial Services the My Safe Florida
  216  Home Program. The department shall provide fiscal
  217  accountability, contract management, and strategic leadership
  218  for the program, consistent with this section. This section does
  219  not create an entitlement for property owners or obligate the
  220  state in any way to fund the inspection or retrofitting of
  221  residential property in this state. Implementation of this
  222  program is subject to annual legislative appropriations. It is
  223  the intent of the Legislature that the My Safe Florida Home
  224  Program provide trained and certified inspectors to perform
  225  inspections for owners of site-built, single-family, residential
  226  properties and grants to eligible applicants as funding allows.
  227  The program shall develop and implement a comprehensive and
  228  coordinated approach for hurricane damage mitigation that may
  229  include the following:
  230         (1) HURRICANE MITIGATION INSPECTIONS.—
  231         (b) To qualify for selection by the department as a wind
  232  certification entity to provide hurricane mitigation
  233  inspections, the entity shall, at a minimum, meet the following
  234  requirements:
  235         1. Use hurricane mitigation inspectors who:
  236         a. Are certified as a building inspector under s. 468.607;
  237         b. Are licensed as a general or residential contractor
  238  under s. 489.111;
  239         c. Are licensed as a professional engineer under s. 471.015
  240  and who have passed the appropriate equivalency test of the
  241  building code training program as required by s. 553.841;
  242         d. Are licensed as a professional architect under s.
  243  481.213; or
  244         e. Have at least 2 years of experience in residential
  245  construction or residential building inspection and have
  246  received specialized training in hurricane mitigation
  247  procedures. Such training may be provided by a class offered
  248  online or in person.
  249         2. Use hurricane mitigation inspectors who also:
  250         a. Have undergone drug testing and a level 2 background
  251  screening checks pursuant to s. 435.04. The department may
  252  conduct criminal record checks of inspectors used by wind
  253  certification entities. Inspectors must submit a set of the
  254  fingerprints to the department for state and national criminal
  255  history checks and must pay the fingerprint processing fee set
  256  forth in s. 624.501. The fingerprints shall be sent by the
  257  department to the Department of Law Enforcement and forwarded to
  258  the Federal Bureau of Investigation for processing. The results
  259  shall be returned to the department for screening. The
  260  fingerprints shall be taken by a law enforcement agency,
  261  designated examination center, or other department-approved
  262  entity; and
  263         b. Have been certified, in a manner satisfactory to the
  264  department, to conduct the inspections.
  265         3. Provide a quality assurance program including a
  266  reinspection component.
  267         Section 4. Paragraphs (a) and (e) of subsection (1) of
  268  section 393.0655, Florida Statutes, are amended, and subsection
  269  (5) is added to that section, to read:
  270         393.0655 Screening of direct service providers.—
  271         (1) MINIMUM STANDARDS.—The agency shall require level 2
  272  employment screening pursuant to chapter 435 for direct service
  273  providers who are unrelated to their clients, including support
  274  coordinators, and managers and supervisors of residential
  275  facilities or comprehensive transitional education programs
  276  licensed under this chapter and any other person, including
  277  volunteers, who provide care or services, who have access to a
  278  client’s living areas, or who have access to a client’s funds or
  279  personal property. Background screening shall include employment
  280  history checks as provided in s. 435.03(1) and local criminal
  281  records checks through local law enforcement agencies.
  282         (a) A volunteer who assists on an intermittent basis for
  283  less than 10 40 hours per month does not have to be screened,
  284  provided a person who meets the screening requirement of this
  285  section is always present and has the volunteer within his or
  286  her line of sight if the volunteer is under the direct and
  287  constant visual supervision of persons who meet the screening
  288  requirements of this section.
  289         (e)A direct service provider who is awaiting the
  290  completion of background screening is temporarily exempt from
  291  the screening requirements under this section if the provider is
  292  under the direct and constant visual supervision of persons who
  293  meet the screening requirements of this section. Such exemption
  294  expires 90 days after the direct service provider first provides
  295  care or services to clients, has access to a client’s living
  296  areas, or has access to a client’s funds or personal property.
  297         (5)DISQUALIFYING OFFENSES.—The background screening
  298  conducted under this section must ensure that, in addition to
  299  the disqualifying offenses listed in s. 435.04, no person
  300  subject to the provisions of this section has an arrest awaiting
  301  final disposition for, has been found guilty of, regardless of
  302  adjudication, or entered a plea of nolo contendere or guilty to,
  303  or has been adjudicated delinquent and the record has not been
  304  sealed or expunged for, any offense prohibited under any of the
  305  following provisions of the Florida Statutes or under any
  306  similar statute of another jurisdiction:
  307         (a) Any authorizing statutes, if the offense was a felony.
  308         (b) This chapter, if the offense was a felony.
  309         (c) Section 409.920, relating to Medicaid provider fraud.
  310         (d) Section 409.9201, relating to Medicaid fraud.
  311         (e) Section 817.034, relating to fraudulent acts through
  312  mail, wire, radio, electromagnetic, photoelectronic, or
  313  photooptical systems.
  314         (f) Section 817.234, relating to false and fraudulent
  315  insurance claims.
  316         (g) Section 817.505, relating to patient brokering.
  317         (h) Section 817.568, relating to criminal use of personal
  318  identification information.
  319         (i) Section 817.60, relating to obtaining a credit card
  320  through fraudulent means.
  321         (j) Section 817.61, relating to fraudulent use of credit
  322  cards, if the offense was a felony.
  323         (k) Section 831.01, relating to forgery.
  324         (l) Section 831.02, relating to uttering forged
  325  instruments.
  326         (m) Section 831.07, relating to forging bank bills, checks,
  327  drafts, or promissory notes.
  328         (n) Section 831.09, relating to uttering forged bank bills,
  329  checks, drafts, or promissory notes.
  330         Section 5. Section 394.4572, Florida Statutes, is amended
  331  to read:
  332         394.4572 Screening of mental health personnel.—
  333         (1)(a) The department and the Agency for Health Care
  334  Administration shall require level 2 background employment
  335  screening pursuant to chapter 435 for mental health personnel
  336  using the standards for level 2 screening set forth in chapter
  337  435. “Mental health personnel” includes all program directors,
  338  professional clinicians, staff members, and volunteers working
  339  in public or private mental health programs and facilities who
  340  have direct contact with individuals held for examination or
  341  admitted for mental health treatment unmarried patients under
  342  the age of 18 years. For purposes of this chapter, employment
  343  screening of mental health personnel shall also include, but is
  344  not limited to, employment screening as provided under chapter
  345  435 and s. 408.809.
  346         (b) Students in the health care professions who are
  347  interning in a mental health facility licensed under chapter
  348  395, where the primary purpose of the facility is not the
  349  treatment of minors, are exempt from the fingerprinting and
  350  screening requirements if, provided they are under direct
  351  supervision in the actual physical presence of a licensed health
  352  care professional.
  353         (c) Mental health personnel working in a facility licensed
  354  under chapter 395 who have less than 15 hours per week of direct
  355  contact with patients or who are health care professionals
  356  licensed by the Agency for Health Care Administration or a board
  357  thereunder are exempt from the fingerprinting and screening
  358  requirements, except for persons working in mental health
  359  facilities where the primary purpose of the facility is the
  360  treatment of minors.
  361         (c)(d) A volunteer who assists on an intermittent basis for
  362  less than 10 40 hours per month is exempt from the
  363  fingerprinting and screening requirements, provided a person who
  364  meets the screening requirement of paragraph (a) is always
  365  present and has the volunteer within his or her line of sight
  366  the volunteer is under direct and constant supervision by
  367  persons who meet the screening requirements of paragraph (a).
  368         (2) The department or the Agency for Health Care
  369  Administration may grant exemptions from disqualification as
  370  provided in chapter 435 s. 435.06.
  371         (3) Prospective mental health personnel who have previously
  372  been fingerprinted or screened pursuant to this chapter, chapter
  373  393, chapter 397, chapter 402, or chapter 409, or teachers who
  374  have been fingerprinted pursuant to chapter 1012, who have not
  375  been unemployed for more than 90 days thereafter, and who under
  376  the penalty of perjury attest to the completion of such
  377  fingerprinting or screening and to compliance with the
  378  provisions of this section and the standards for level 1
  379  screening contained in chapter 435, shall not be required to be
  380  refingerprinted or rescreened in order to comply with any
  381  screening requirements of this part.
  382         Section 6. Section 400.215, Florida Statutes, is amended to
  383  read:
  384         400.215 Personnel screening requirement.—
  385         (1) The agency shall require level 2 background screening
  386  for personnel as required in s. 408.809(1)(e) pursuant to as
  387  provided in chapter 435 and s. 408.809. for all employees or
  388  prospective employees of facilities licensed under this part who
  389  are expected to, or whose responsibilities may require them to:
  390         (a) Provide personal care or services to residents;
  391         (b) Have access to resident living areas; or
  392         (c) Have access to resident funds or other personal
  393  property.
  394         (2) Employers and employees shall comply with the
  395  requirements of s. 435.05.
  396         (a) Notwithstanding the provisions of s. 435.05(1),
  397  facilities must have in their possession evidence that level 1
  398  screening has been completed before allowing an employee to
  399  begin working with patients as provided in subsection (1). All
  400  information necessary for conducting background screening using
  401  level 1 standards as specified in s. 435.03 shall be submitted
  402  by the nursing facility to the agency. Results of the background
  403  screening shall be provided by the agency to the requesting
  404  nursing facility.
  405         (b) Employees qualified under the provisions of paragraph
  406  (a) who have not maintained continuous residency within the
  407  state for the 5 years immediately preceding the date of request
  408  for background screening must complete level 2 screening, as
  409  provided in chapter 435. Such employees may work in a
  410  conditional status up to 180 days pending the receipt of written
  411  findings evidencing the completion of level 2 screening. Level 2
  412  screening shall not be required of employees or prospective
  413  employees who attest in writing under penalty of perjury that
  414  they meet the residency requirement. Completion of level 2
  415  screening shall require the employee or prospective employee to
  416  furnish to the nursing facility a full set of fingerprints to
  417  enable a criminal background investigation to be conducted. The
  418  nursing facility shall submit the completed fingerprint card to
  419  the agency. The agency shall establish a record of the request
  420  in the database provided for in paragraph (c) and forward the
  421  request to the Department of Law Enforcement, which is
  422  authorized to submit the fingerprints to the Federal Bureau of
  423  Investigation for a national criminal history records check. The
  424  results of the national criminal history records check shall be
  425  returned to the agency, which shall maintain the results in the
  426  database provided for in paragraph (c). The agency shall notify
  427  the administrator of the requesting nursing facility or the
  428  administrator of any other facility licensed under chapter 393,
  429  chapter 394, chapter 395, chapter 397, chapter 429, or this
  430  chapter, as requested by such facility, as to whether or not the
  431  employee has qualified under level 1 or level 2 screening. An
  432  employee or prospective employee who has qualified under level 2
  433  screening and has maintained such continuous residency within
  434  the state shall not be required to complete a subsequent level 2
  435  screening as a condition of employment at another facility.
  436         (c) The agency shall establish and maintain a database of
  437  background screening information which shall include the results
  438  of both level 1 and level 2 screening. The Department of Law
  439  Enforcement shall timely provide to the agency, electronically,
  440  the results of each statewide screening for incorporation into
  441  the database. The agency shall, upon request from any facility,
  442  agency, or program required by or authorized by law to screen
  443  its employees or applicants, notify the administrator of the
  444  facility, agency, or program of the qualifying or disqualifying
  445  status of the employee or applicant named in the request.
  446         (d) Applicants and employees shall be excluded from
  447  employment pursuant to s. 435.06.
  448         (3) The applicant is responsible for paying the fees
  449  associated with obtaining the required screening. Payment for
  450  the screening shall be submitted to the agency. The agency shall
  451  establish a schedule of fees to cover the costs of level 1 and
  452  level 2 screening. Facilities may reimburse employees for these
  453  costs. The Department of Law Enforcement shall charge the agency
  454  for a level 1 or level 2 screening a rate sufficient to cover
  455  the costs of such screening pursuant to s. 943.053(3). The
  456  agency shall, as allowable, reimburse nursing facilities for the
  457  cost of conducting background screening as required by this
  458  section. This reimbursement will not be subject to any rate
  459  ceilings or payment targets in the Medicaid Reimbursement plan.
  460         (4)(a) As provided in s. 435.07, the agency may grant an
  461  exemption from disqualification to an employee or prospective
  462  employee who is subject to this section and who has not received
  463  a professional license or certification from the Department of
  464  Health.
  465         (b) As provided in s. 435.07, the appropriate regulatory
  466  board within the Department of Health, or that department itself
  467  when there is no board, may grant an exemption from
  468  disqualification to an employee or prospective employee who is
  469  subject to this section and who has received a professional
  470  license or certification from the Department of Health or a
  471  regulatory board within that department.
  472         (5) Any provision of law to the contrary notwithstanding,
  473  persons who have been screened and qualified as required by this
  474  section and who have not been unemployed for more than 180 days
  475  thereafter, and who under penalty of perjury attest to not
  476  having been convicted of a disqualifying offense since the
  477  completion of such screening, shall not be required to be
  478  rescreened. An employer may obtain, pursuant to s. 435.10,
  479  written verification of qualifying screening results from the
  480  previous employer or other entity which caused such screening to
  481  be performed.
  482         (6) The agency and the Department of Health shall have
  483  authority to adopt rules pursuant to the Administrative
  484  Procedure Act to implement this section.
  485         (7) All employees shall comply with the requirements of
  486  this section by October 1, 1998. No current employee of a
  487  nursing facility as of the effective date of this act shall be
  488  required to submit to rescreening if the nursing facility has in
  489  its possession written evidence that the person has been
  490  screened and qualified according to level 1 standards as
  491  specified in s. 435.03(1). Any current employee who meets the
  492  level 1 requirement but does not meet the 5-year residency
  493  requirement as specified in this section must provide to the
  494  employing nursing facility written attestation under penalty of
  495  perjury that the employee has not been convicted of a
  496  disqualifying offense in another state or jurisdiction. All
  497  applicants hired on or after October 1, 1998, shall comply with
  498  the requirements of this section.
  499         (8) There is no monetary or unemployment liability on the
  500  part of, and no cause of action for damages arising against an
  501  employer that, upon notice of a disqualifying offense listed
  502  under chapter 435 or an act of domestic violence, terminates the
  503  employee against whom the report was issued, whether or not the
  504  employee has filed for an exemption with the Department of
  505  Health or the Agency for Health Care Administration.
  506         Section 7. Subsection (9) of section 400.506, Florida
  507  Statutes, is amended to read:
  508         400.506 Licensure of nurse registries; requirements;
  509  penalties.—
  510         (9) Each nurse registry must comply with the background
  511  screening requirements procedures set forth in s. 400.512 for
  512  maintaining records of the work history of all persons referred
  513  for contract and is subject to the standards and conditions set
  514  forth in that section. However, an initial screening may not be
  515  required for persons who have been continuously registered with
  516  the nurse registry since October 1, 2000.
  517         Section 8. Section 400.512, Florida Statutes, is amended to
  518  read:
  519         400.512 Screening of home health agency personnel; nurse
  520  registry personnel; and companions and homemakers.—The agency
  521  shall require level 2 background screening for personnel as
  522  required in s. 408.809(1)(e) pursuant to chapter 435 and s.
  523  408.809 employment or contractor screening as provided in
  524  chapter 435, using the level 1 standards for screening set forth
  525  in that chapter, for home health agency personnel; persons
  526  referred for employment by nurse registries; and persons
  527  employed by companion or homemaker services registered under s.
  528  400.509.
  529         (1)(a) The Agency for Health Care Administration may, upon
  530  request, grant exemptions from disqualification from employment
  531  or contracting under this section as provided in s. 435.07,
  532  except for health care practitioners licensed by the Department
  533  of Health or a regulatory board within that department.
  534         (b) The appropriate regulatory board within the Department
  535  of Health, or that department itself when there is no board,
  536  may, upon request of the licensed health care practitioner,
  537  grant exemptions from disqualification from employment or
  538  contracting under this section as provided in s. 435.07.
  539         (2) The administrator of each home health agency, the
  540  managing employee of each nurse registry, and the managing
  541  employee of each companion or homemaker service registered under
  542  s. 400.509 must sign an affidavit annually, under penalty of
  543  perjury, stating that all personnel hired or contracted with or
  544  registered on or after October 1, 2000, who enter the home of a
  545  patient or client in their service capacity have been screened.
  546         (3) As a prerequisite to operating as a home health agency,
  547  nurse registry, or companion or homemaker service under s.
  548  400.509, the administrator or managing employee, respectively,
  549  must submit to the agency his or her name and any other
  550  information necessary to conduct a complete screening according
  551  to this section. The agency shall submit the information to the
  552  Department of Law Enforcement for state processing. The agency
  553  shall review the record of the administrator or manager with
  554  respect to the offenses specified in this section and shall
  555  notify the owner of its findings. If disposition information is
  556  missing on a criminal record, the administrator or manager, upon
  557  request of the agency, must obtain and supply within 30 days the
  558  missing disposition information to the agency. Failure to supply
  559  missing information within 30 days or to show reasonable efforts
  560  to obtain such information will result in automatic
  561  disqualification.
  562         (4) Proof of compliance with the screening requirements of
  563  chapter 435 shall be accepted in lieu of the requirements of
  564  this section if the person has been continuously employed or
  565  registered without a breach in service that exceeds 180 days,
  566  the proof of compliance is not more than 2 years old, and the
  567  person has been screened by the Department of Law Enforcement. A
  568  home health agency, nurse registry, or companion or homemaker
  569  service registered under s. 400.509 shall directly provide proof
  570  of compliance to another home health agency, nurse registry, or
  571  companion or homemaker service registered under s. 400.509. The
  572  recipient home health agency, nurse registry, or companion or
  573  homemaker service registered under s. 400.509 may not accept any
  574  proof of compliance directly from the person who requires
  575  screening. Proof of compliance with the screening requirements
  576  of this section shall be provided upon request to the person
  577  screened by the home health agencies; nurse registries; or
  578  companion or homemaker services registered under s. 400.509.
  579         (5) There is no monetary liability on the part of, and no
  580  cause of action for damages arises against, a licensed home
  581  health agency, licensed nurse registry, or companion or
  582  homemaker service registered under s. 400.509, that, upon notice
  583  that the employee or contractor has been found guilty of,
  584  regardless of adjudication, or entered a plea of nolo contendere
  585  or guilty to, any offense prohibited under s. 435.03 or under
  586  any similar statute of another jurisdiction, terminates the
  587  employee or contractor, whether or not the employee or
  588  contractor has filed for an exemption with the agency in
  589  accordance with chapter 435 and whether or not the time for
  590  filing has expired.
  591         (6) The costs of processing the statewide correspondence
  592  criminal records checks must be borne by the home health agency;
  593  the nurse registry; or the companion or homemaker service
  594  registered under s. 400.509, or by the person being screened, at
  595  the discretion of the home health agency, nurse registry, or s.
  596  400.509 registrant.
  597         Section 9. Section 400.6065, Florida Statutes, is amended
  598  to read:
  599         400.6065 Background screening.—The agency shall require
  600  level 2 background employment or contractor screening for
  601  personnel as required in s. 408.809(1)(e) pursuant to chapter
  602  435 and s. 408.809 as provided in chapter 435, using the level 1
  603  standards for screening set forth in that chapter, for hospice
  604  personnel.
  605         Section 10. Subsection (2) of section 400.801, Florida
  606  Statutes, is amended to read:
  607         400.801 Homes for special services.—
  608         (2)(a) The requirements of part II of chapter 408 apply to
  609  the provision of services that require licensure pursuant to
  610  this section and part II of chapter 408 and entities licensed by
  611  or applying for such licensure from the agency pursuant to this
  612  section. A license issued by the agency is required in order to
  613  operate a home for special services in this state.
  614         (b) The agency shall require level 2 background screening
  615  for personnel as required in s. 408.809(1)(e) pursuant to
  616  chapter 435 and s. 408.809.
  617         Section 11. Paragraph (d) is added to subsection (2) of
  618  section 400.805, Florida Statutes, to read:
  619         400.805 Transitional living facilities.—
  620         (2)
  621         (d) The agency shall require level 2 background screening
  622  for personnel as required in s. 408.809(1)(e) pursuant to
  623  chapter 435 and s. 408.809.
  624         Section 12. Section 400.9065, Florida Statutes, is created
  625  to read:
  626         400.9065 Background screening.—The agency shall require
  627  level 2 background screening for personnel as required in s.
  628  408.809(1)(e) pursuant to chapter 435 and s. 408.809.
  629         Section 13. Subsection (16) of section 400.934, Florida
  630  Statutes, is amended to read:
  631         400.934 Minimum standards.—As a requirement of licensure,
  632  home medical equipment providers shall:
  633         (16) Establish procedures for maintaining a record of the
  634  employment history, including background screening as required
  635  by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
  636  medical equipment provider personnel. A home medical equipment
  637  provider must require its personnel to submit an employment
  638  history to the home medical equipment provider and must verify
  639  the employment history for at least the previous 5 years, unless
  640  through diligent efforts such verification is not possible.
  641  There is no monetary liability on the part of, and no cause of
  642  action for damages arising against a former employer, a
  643  prospective employee, or a prospective independent contractor
  644  with a licensed home medical equipment provider, who reasonably
  645  and in good faith communicates his or her honest opinions about
  646  a former employee’s job performance. This subsection does not
  647  affect the official immunity of an officer or employee of a
  648  public corporation.
  649         Section 14. Section 400.953, Florida Statutes, is amended
  650  to read:
  651         400.953 Background screening of home medical equipment
  652  provider personnel.—The agency shall require level 2 background
  653  screening for personnel as required in s. 408.809(1)(e) pursuant
  654  to chapter 435 and s. 408.809 employment screening as provided
  655  in chapter 435, using the level 1 standards for screening set
  656  forth in that chapter, for home medical equipment provider
  657  personnel.
  658         (1) The agency may grant exemptions from disqualification
  659  from employment under this section as provided in s. 435.07.
  660         (2) The general manager of each home medical equipment
  661  provider must sign an affidavit annually, under penalty of
  662  perjury, stating that all home medical equipment provider
  663  personnel hired on or after July 1, 1999, who enter the home of
  664  a patient in the capacity of their employment have been screened
  665  and that its remaining personnel have worked for the home
  666  medical equipment provider continuously since before July 1,
  667  1999.
  668         (3) Proof of compliance with the screening requirements of
  669  s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
  670  s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
  671  must be accepted in lieu of the requirements of this section if
  672  the person has been continuously employed in the same type of
  673  occupation for which he or she is seeking employment without a
  674  breach in service that exceeds 180 days, the proof of compliance
  675  is not more than 2 years old, and the person has been screened
  676  by the Department of Law Enforcement. An employer or contractor
  677  shall directly provide proof of compliance to another employer
  678  or contractor, and a potential employer or contractor may not
  679  accept any proof of compliance directly from the person
  680  requiring screening. Proof of compliance with the screening
  681  requirements of this section shall be provided, upon request, to
  682  the person screened by the home medical equipment provider.
  683         (4) There is no monetary liability on the part of, and no
  684  cause of action for damages arising against, a licensed home
  685  medical equipment provider that, upon notice that an employee
  686  has been found guilty of, regardless of adjudication, or entered
  687  a plea of nolo contendere or guilty to, any offense prohibited
  688  under s. 435.03 or under any similar statute of another
  689  jurisdiction, terminates the employee, whether or not the
  690  employee has filed for an exemption with the agency and whether
  691  or not the time for filing has expired.
  692         (5) The costs of processing the statewide correspondence
  693  criminal records checks must be borne by the home medical
  694  equipment provider or by the person being screened, at the
  695  discretion of the home medical equipment provider.
  696         (6) Neither the agency nor the home medical equipment
  697  provider may use the criminal records or juvenile records of a
  698  person for any purpose other than determining whether that
  699  person meets minimum standards of good moral character for home
  700  medical equipment provider personnel.
  701         (7)(a) It is a misdemeanor of the first degree, punishable
  702  as provided in s. 775.082 or s. 775.083, for any person
  703  willfully, knowingly, or intentionally to:
  704         1. Fail, by false statement, misrepresentation,
  705  impersonation, or other fraudulent means, to disclose in any
  706  application for paid employment a material fact used in making a
  707  determination as to the person’s qualifications to be an
  708  employee under this section;
  709         2. Operate or attempt to operate an entity licensed under
  710  this part with persons who do not meet the minimum standards for
  711  good moral character as contained in this section; or
  712         3. Use information from the criminal records obtained under
  713  this section for any purpose other than screening that person
  714  for employment as specified in this section, or release such
  715  information to any other person for any purpose other than
  716  screening for employment under this section.
  717         (b) It is a felony of the third degree, punishable as
  718  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  719  person willfully, knowingly, or intentionally to use information
  720  from the juvenile records of a person obtained under this
  721  section for any purpose other than screening for employment
  722  under this section.
  723         Section 15. Section 400.955, Florida Statutes, is repealed.
  724         Section 16. Section 400.964, Florida Statutes, is amended
  725  to read:
  726         400.964 Personnel screening requirement.—
  727         (1) The agency shall require level 2 background screening
  728  for personnel as required in s. 408.809(1)(e) pursuant to
  729  chapter 435 and s. 408.809 as provided in chapter 435 for all
  730  employees or prospective employees of facilities licensed under
  731  this part who are expected to be, or whose responsibilities are
  732  such that they would be considered to be, a direct service
  733  provider.
  734         (2) Employers and employees shall comply with the
  735  requirements of chapter 435.
  736         (3) Applicants and employees shall be excluded from
  737  employment pursuant to s. 435.06.
  738         (4) The applicant is responsible for paying the fees
  739  associated with obtaining the required screening. Payment for
  740  the screening must be submitted to the agency as prescribed by
  741  the agency.
  742         (5) Notwithstanding any other provision of law, persons who
  743  have been screened and qualified as required by this section and
  744  who have not been unemployed for more than 180 days thereafter,
  745  and who under penalty of perjury attest to not having been
  746  convicted of a disqualifying offense since the completion of
  747  such screening are not required to be rescreened. An employer
  748  may obtain, pursuant to s. 435.10, written verification of
  749  qualifying screening results from the previous employer or other
  750  entity that caused such screening to be performed.
  751         (6) The agency may adopt rules to administer this section.
  752         (7) All employees must comply with the requirements of this
  753  section by October 1, 2000. A person employed by a facility
  754  licensed pursuant to this part as of the effective date of this
  755  act is not required to submit to rescreening if the facility has
  756  in its possession written evidence that the person has been
  757  screened and qualified according to level 1 standards as
  758  specified in s. 435.03. Any current employee who meets the level
  759  1 requirement but does not meet the 5-year residency requirement
  760  must provide to the employing facility written attestation under
  761  penalty of perjury that the employee has not been convicted of a
  762  disqualifying offense in another state or jurisdiction. All
  763  applicants hired on or after October 1, 1999, must comply with
  764  the requirements of this section.
  765         (8) There is no monetary or unemployment liability on the
  766  part of, and no cause of action for damages arises against an
  767  employer that, upon notice of a disqualifying offense listed
  768  under chapter 435 or an act of domestic violence, terminates the
  769  employee, whether or not the employee has filed for an exemption
  770  with the Department of Health or the Agency for Health Care
  771  Administration.
  772         Section 17. Subsection (3) of section 400.980, Florida
  773  Statutes, is amended to read:
  774         400.980 Health care services pools.—
  775         (3) Upon receipt of a completed, signed, and dated
  776  application, The agency shall require level 2 background
  777  screening for personnel as required in s. 408.809(1)(e) pursuant
  778  to chapter 435 and s. 408.809, in accordance with the level 1
  779  standards for screening set forth in chapter 435, of every
  780  individual who will have contact with patients.
  781         Section 18. Subsection (5) of section 400.991, Florida
  782  Statutes, is amended to read:
  783         400.991 License requirements; background screenings;
  784  prohibitions.—
  785         (5) Each applicant for licensure shall comply with the
  786  following requirements:
  787         (a) As used in this subsection, the term “applicant” means
  788  individuals owning or controlling, directly or indirectly, 5
  789  percent or more of an interest in a clinic; the medical or
  790  clinic director, or a similarly titled person who is responsible
  791  for the day-to-day operation of the licensed clinic; the
  792  financial officer or similarly titled individual who is
  793  responsible for the financial operation of the clinic; and
  794  licensed health care practitioners at the clinic.
  795         (b) Upon receipt of a completed, signed, and dated
  796  application, The agency shall require level 2 background
  797  screening for applicants and personnel as required in s.
  798  408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
  799  applicant, in accordance with the level 2 standards for
  800  screening set forth in chapter 435. Proof of compliance with the
  801  level 2 background screening requirements of chapter 435 which
  802  has been submitted within the previous 5 years in compliance
  803  with any other health care licensure requirements of this state
  804  is acceptable in fulfillment of this paragraph. Applicants who
  805  own less than 10 percent of a health care clinic are not
  806  required to submit fingerprints under this section.
  807         (c) Each applicant must submit to the agency, with the
  808  application, a description and explanation of any exclusions,
  809  permanent suspensions, or terminations of an applicant from the
  810  Medicare or Medicaid programs. Proof of compliance with the
  811  requirements for disclosure of ownership and control interest
  812  under the Medicaid or Medicare programs may be accepted in lieu
  813  of this submission. The description and explanation may indicate
  814  whether such exclusions, suspensions, or terminations were
  815  voluntary or not voluntary on the part of the applicant.
  816         (d) A license may not be granted to a clinic if the
  817  applicant has been found guilty of, regardless of adjudication,
  818  or has entered a plea of nolo contendere or guilty to, any
  819  offense prohibited under the level 2 standards for screening set
  820  forth in chapter 435, or a violation of insurance fraud under s.
  821  817.234, within the past 5 years. If the applicant has been
  822  convicted of an offense prohibited under the level 2 standards
  823  or insurance fraud in any jurisdiction, the applicant must show
  824  that his or her civil rights have been restored prior to
  825  submitting an application.
  826         Section 19. Paragraph (h) is added to subsection (1) of
  827  section 408.806, Florida Statutes, to read:
  828         408.806 License application process.—
  829         (1) An application for licensure must be made to the agency
  830  on forms furnished by the agency, submitted under oath, and
  831  accompanied by the appropriate fee in order to be accepted and
  832  considered timely. The application must contain information
  833  required by authorizing statutes and applicable rules and must
  834  include:
  835         (h)An affidavit, under penalty of perjury, as required in
  836  s. 435.05(3), stating compliance with the provisions of this
  837  section and chapter 435.
  838         Section 20. Subsection (2) of section 408.808, Florida
  839  Statutes, is amended to read:
  840         408.808 License categories.—
  841         (2) PROVISIONAL LICENSE.—A provisional license may be
  842  issued to an applicant pursuant to s. 408.809(3). An applicant
  843  against whom a proceeding denying or revoking a license is
  844  pending at the time of license renewal may be issued a
  845  provisional license effective until final action not subject to
  846  further appeal. A provisional license may also be issued to an
  847  applicant applying for a change of ownership. A provisional
  848  license shall be limited in duration to a specific period of
  849  time, not to exceed 12 months, as determined by the agency.
  850         Section 21. Section 408.809, Florida Statutes, is amended
  851  to read:
  852         408.809 Background screening; prohibited offenses.—
  853         (1) Level 2 background screening pursuant to chapter 435
  854  must be conducted through the agency on each of the following
  855  persons, who shall be considered an employee for the purposes of
  856  conducting screening under chapter 435:
  857         (a) The licensee, if an individual.
  858         (b) The administrator or a similarly titled person who is
  859  responsible for the day-to-day operation of the provider.
  860         (c) The financial officer or similarly titled individual
  861  who is responsible for the financial operation of the licensee
  862  or provider.
  863         (d) Any person who is a controlling interest if the agency
  864  has reason to believe that such person has been convicted of any
  865  offense prohibited by s. 435.04. For each controlling interest
  866  who has been convicted of any such offense, the licensee shall
  867  submit to the agency a description and explanation of the
  868  conviction at the time of license application.
  869         (e) Any person, as required by authorizing statutes,
  870  seeking employment with a licensee or provider who is expected
  871  to, or whose responsibilities may require him or her to, provide
  872  personal care or services directly to clients or have access to
  873  client funds, personal property, or living areas; and any
  874  person, as required by authorizing statutes, contracting with a
  875  licensee or provider whose responsibilities require him or her
  876  to provide personal care or personal services directly to
  877  clients. Evidence of contractor screening may be retained by the
  878  contractor’s employer or the licensee.
  879         (2) Every 5 years following his or her licensure,
  880  employment, or entry into a contract in a capacity that under
  881  subsection (1) would require level 2 background screening under
  882  chapter 435, each such person must submit to level 2 background
  883  rescreening as a condition of retaining such license or
  884  continuing in such employment or contractual status. For any
  885  such rescreening, the agency shall request the Department of Law
  886  Enforcement to forward the person’s fingerprints to the Federal
  887  Bureau of Investigation for a national criminal history record
  888  check. If the fingerprints of such a person are not retained by
  889  the Department of Law Enforcement under s. 943.05(2)(g), the
  890  person must file a complete set of fingerprints with the agency
  891  and the agency shall forward the fingerprints to the Department
  892  of Law Enforcement for state processing, and the Department of
  893  Law Enforcement shall forward the fingerprints to the Federal
  894  Bureau of Investigation for a national criminal history record
  895  check. The fingerprints may be retained by the Department of Law
  896  Enforcement under s. 943.05(2)(g). The cost of the state and
  897  national criminal history records checks required by level 2
  898  screening may be borne by the licensee or the person
  899  fingerprinted. Proof of compliance with level 2 screening
  900  standards submitted within the previous 5 years to meet any
  901  provider or professional licensure requirements of the agency,
  902  the Department of Health, the Agency for Persons with
  903  Disabilities, or the Department of Children and Family Services,
  904  or the Department of Financial Services for an applicant for a
  905  certificate of authority or provisional certificate of authority
  906  to operate a continuing care retirement community under chapter
  907  651 satisfies the requirements of this section, provided that
  908  the person subject to screening has not been unemployed for more
  909  than 90 days and such proof is accompanied, under penalty of
  910  perjury, by an affidavit of compliance with the provisions of
  911  chapter 435 and this section using forms provided by the agency.
  912  Proof of compliance with the background screening requirements
  913  of the Department of Financial Services submitted within the
  914  previous 5 years for an applicant for a certificate of authority
  915  to operate a continuing care retirement community under chapter
  916  651 satisfies the Department of Law Enforcement and Federal
  917  Bureau of Investigation portions of a level 2 background check.
  918         (3) All fingerprints must be provided in electronic format.
  919  Screening results shall be reviewed by the agency with respect
  920  to the offenses specified in s. 435.04 and this section, and the
  921  qualifying or disqualifying status of the person named in the
  922  request shall be maintained in a database. The qualifying or
  923  disqualifying status of the person named in the request shall be
  924  posted on a secure website for retrieval by the licensee or
  925  designated agent on the licensee’s behalf. A provisional license
  926  may be granted to an applicant when each individual required by
  927  this section to undergo background screening has met the
  928  standards for the Department of Law Enforcement background check
  929  but the agency has not yet received background screening results
  930  from the Federal Bureau of Investigation. A standard license may
  931  be granted to the licensee upon the agency’s receipt of a report
  932  of the results of the Federal Bureau of Investigation background
  933  screening for each individual required by this section to
  934  undergo background screening that confirms that all standards
  935  have been met or upon the granting of an exemption from
  936  disqualification by the agency as set forth in chapter 435.
  937         (4) When a person is newly employed in a capacity that
  938  requires screening under this section, the licensee must notify
  939  the agency of the change within the time period specified in the
  940  authorizing statute or rules and must submit to the agency
  941  information necessary to conduct level 2 screening or provide
  942  evidence of compliance with background screening requirements of
  943  this section. The person may serve in his or her capacity
  944  pending the agency’s receipt of the report from the Federal
  945  Bureau of Investigation if he or she has met the standards for
  946  the Department of Law Enforcement background check. However, the
  947  person may not continue to serve in his or her capacity if the
  948  report indicates any violation of background screening standards
  949  unless an exemption from disqualification has been granted by
  950  the agency as set forth in chapter 435.
  951         (4)(5)Effective October 1, 2009, In addition to the
  952  offenses listed in s. ss. 435.03 and 435.04, all persons
  953  required to undergo background screening pursuant to this part
  954  or authorizing statutes must not have an arrest awaiting final
  955  disposition for, must not have been found guilty of, regardless
  956  of adjudication, or entered a plea of nolo contendere or guilty
  957  to, and must not have been adjudicated delinquent and the record
  958  not have been sealed or expunged for any of the following
  959  offenses or any similar offense of another jurisdiction:
  960         (a) Any authorizing statutes, if the offense was a felony.
  961         (b) This chapter, if the offense was a felony.
  962         (c) Section 409.920, relating to Medicaid provider fraud,
  963  if the offense was a felony.
  964         (d) Section 409.9201, relating to Medicaid fraud, if the
  965  offense was a felony.
  966         (e) Section 741.28, relating to domestic violence.
  967         (f) Chapter 784, relating to assault, battery, and culpable
  968  negligence, if the offense was a felony.
  969         (g) Section 810.02, relating to burglary.
  970         (f)(h) Section 817.034, relating to fraudulent acts through
  971  mail, wire, radio, electromagnetic, photoelectronic, or
  972  photooptical systems.
  973         (g)(i) Section 817.234, relating to false and fraudulent
  974  insurance claims.
  975         (h)(j) Section 817.505, relating to patient brokering.
  976         (i)(k) Section 817.568, relating to criminal use of
  977  personal identification information.
  978         (j)(l) Section 817.60, relating to obtaining a credit card
  979  through fraudulent means.
  980         (k)(m) Section 817.61, relating to fraudulent use of credit
  981  cards, if the offense was a felony.
  982         (l)(n) Section 831.01, relating to forgery.
  983         (m)(o) Section 831.02, relating to uttering forged
  984  instruments.
  985         (n)(p) Section 831.07, relating to forging bank bills,
  986  checks, drafts, or promissory notes.
  987         (o)(q) Section 831.09, relating to uttering forged bank
  988  bills, checks, drafts, or promissory notes.
  989         (p)(r) Section 831.30, relating to fraud in obtaining
  990  medicinal drugs.
  991         (q)(s) Section 831.31, relating to the sale, manufacture,
  992  delivery, or possession with the intent to sell, manufacture, or
  993  deliver any counterfeit controlled substance, if the offense was
  994  a felony.
  995  
  996  A person who serves as a controlling interest of, or is employed
  997  by, or contracts with a licensee on July 31, 2010 September 30,
  998  2009, who has been screened and qualified according to standards
  999  specified in s. 435.03 or s. 435.04 must be rescreened by July
 1000  31, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
 1001  and 120.54 to establish a schedule to stagger the implementation
 1002  of the required rescreening over the 5-year period, beginning
 1003  July 31, 2010, through July 31, 2015. If, upon rescreening, is
 1004  not required by law to submit to rescreening if that licensee
 1005  has in its possession written evidence that the person has been
 1006  screened and qualified according to the standards specified in
 1007  s. 435.03 or s. 435.04. However, if such person has a
 1008  disqualifying offense that was not a disqualifying offense at
 1009  the time of the last screening, but is a current disqualifying
 1010  offense and was committed prior to the last screening listed in
 1011  this section, he or she may apply for an exemption from the
 1012  appropriate licensing agency before September 30, 2009, and, if
 1013  agreed to by the employer, may continue to perform his or her
 1014  duties until the licensing agency renders a decision on the
 1015  application for exemption as long as the person is eligible to
 1016  apply for an exemption and the exemption request is received by
 1017  the agency within 30 days after receipt of the rescreening
 1018  results by the person for offenses listed in this section.
 1019  Exemptions from disqualification may be granted pursuant to s.
 1020  435.07.
 1021         (5)(6)The costs associated with obtaining the required
 1022  screening must be borne either by the licensee or the person
 1023  subject to screening. Licensees may reimburse persons for these
 1024  costs. The Department of Law Enforcement shall charge the agency
 1025  for screening pursuant to s. 943.053(3). The agency shall
 1026  establish a schedule of fees to cover the costs of screening The
 1027  attestations required under ss. 435.04(5) and 435.05(3) must be
 1028  submitted at the time of license renewal, notwithstanding the
 1029  provisions of ss. 435.04(5) and 435.05(3) which require annual
 1030  submission of an affidavit of compliance with background
 1031  screening requirements.
 1032         (6)(a) As provided in chapter 435, the agency may grant an
 1033  exemption from disqualification to a person who is subject to
 1034  this section and who has not received a professional license or
 1035  certification from the Department of Health if that person is
 1036  providing a service that is within the scope of his or her
 1037  licensed or certified practice.
 1038         (b) As provided in chapter 435, the appropriate regulatory
 1039  board within the Department of Health, or the department itself
 1040  when there is no board, may grant an exemption from
 1041  disqualification to a person who is subject to this section and
 1042  who has received a professional license or certification from
 1043  the Department of Health or a regulatory board within that
 1044  department and that person is providing a service within the
 1045  scope of his or her licensed or certified practice.
 1046         (7) The agency and the Department of Health may adopt rules
 1047  pursuant to ss. 120.536(1) and 120.54 to implement this section,
 1048  chapter 435, and authorizing statutes requiring background
 1049  screening and to implement and adopt criteria relating to
 1050  retaining fingerprints pursuant to s. 943.05(2).
 1051         (8) There is no unemployment compensation or other monetary
 1052  liability on the part of, and no cause of action for damages
 1053  arising against, an employer that, upon notice of a
 1054  disqualifying offense listed under chapter 435 or this section,
 1055  terminates the person against whom the report was issued,
 1056  whether or not that person has filed for an exemption with the
 1057  Department of Health or the agency.
 1058         Section 22. Subsection (3) of section 402.302, Florida
 1059  Statutes, is amended to read:
 1060         402.302 Definitions.—
 1061         (3) “Child care personnel” means all owners, operators,
 1062  employees, and volunteers working in a child care facility. The
 1063  term does not include persons who work in a child care facility
 1064  after hours when children are not present or parents of children
 1065  in Head Start. For purposes of screening, the term includes any
 1066  member, over the age of 12 years, of a child care facility
 1067  operator’s family, or person, over the age of 12 years, residing
 1068  with a child care facility operator if the child care facility
 1069  is located in or adjacent to the home of the operator or if the
 1070  family member of, or person residing with, the child care
 1071  facility operator has any direct contact with the children in
 1072  the facility during its hours of operation. Members of the
 1073  operator’s family or persons residing with the operator who are
 1074  between the ages of 12 years and 18 years shall not be required
 1075  to be fingerprinted but shall be screened for delinquency
 1076  records. For purposes of screening, the term shall also include
 1077  persons who work in child care programs which provide care for
 1078  children 15 hours or more each week in public or nonpublic
 1079  schools, summer day camps, family day care homes, or those
 1080  programs otherwise exempted under s. 402.316. The term does not
 1081  include public or nonpublic school personnel who are providing
 1082  care during regular school hours, or after hours for activities
 1083  related to a school’s program for grades kindergarten through
 1084  12. A volunteer who assists on an intermittent basis for less
 1085  than 10 40 hours per month is not included in the term
 1086  “personnel” for the purposes of screening and training, provided
 1087  a person who meets the screening requirement of s. 402.305(2) is
 1088  always present and has the volunteer in his or her line of sight
 1089  that the volunteer is under direct and constant supervision by
 1090  persons who meet the personnel requirements of s. 402.305(2).
 1091  Students who observe and participate in a child care facility as
 1092  a part of their required coursework shall not be considered
 1093  child care personnel, provided such observation and
 1094  participation are on an intermittent basis and a person who
 1095  meets the screening requirement of s. 402.305(2) is always
 1096  present and has the student in his or her line of sight the
 1097  students are under direct and constant supervision of child care
 1098  personnel.
 1099         Section 23. Paragraphs (i) and (k) of subsection (2) of
 1100  section 409.175, Florida Statutes, are amended, present
 1101  paragraphs (b) and (c) of subsection (5) of that section are
 1102  redesignated as paragraphs (c) and (d), respectively, and a new
 1103  paragraph (b) is added to that section to read:
 1104         409.175 Licensure of family foster homes, residential
 1105  child-caring agencies, and child-placing agencies; public
 1106  records exemption.—
 1107         (2) As used in this section, the term:
 1108         (i) “Personnel” means all owners, operators, employees, and
 1109  volunteers working in a child-placing agency, family foster
 1110  home, or residential child-caring agency who may be employed by
 1111  or do volunteer work for a person, corporation, or agency which
 1112  holds a license as a child-placing agency or a residential
 1113  child-caring agency, but the term does not include those who do
 1114  not work on the premises where child care is furnished and
 1115  either have no direct contact with a child or have no contact
 1116  with a child outside of the presence of the child’s parent or
 1117  guardian. For purposes of screening, the term shall include any
 1118  member, over the age of 12 years, of the family of the owner or
 1119  operator or any person other than a client, over the age of 12
 1120  years, residing with the owner or operator if the agency or
 1121  family foster home is located in or adjacent to the home of the
 1122  owner or operator or if the family member of, or person residing
 1123  with, the owner or operator has any direct contact with the
 1124  children. Members of the family of the owner or operator, or
 1125  persons residing with the owner or operator, who are between the
 1126  ages of 12 years and 18 years shall not be required to be
 1127  fingerprinted, but shall be screened for delinquency records.
 1128  For purposes of screening, the term “personnel” shall also
 1129  include owners, operators, employees, and volunteers working in
 1130  summer day camps, or summer 24-hour camps providing care for
 1131  children. A volunteer who assists on an intermittent basis for
 1132  less than 10 40 hours per month shall not be included in the
 1133  term “personnel” for the purposes of screening, provided a
 1134  person who meets the screening requirement of this section is
 1135  always present and has the volunteer in his or her line of sight
 1136  that the volunteer is under direct and constant supervision by
 1137  persons who meet the personnel requirements of this section.
 1138         (k) “Screening” means the act of assessing the background
 1139  of personnel and includes, but is not limited to, employment
 1140  history checks as provided in chapter 435, using the level 2
 1141  standards for screening set forth in that chapter. Screening for
 1142  employees and volunteers in summer day camps and summer 24-hour
 1143  camps and screening for all volunteers included under the
 1144  definition of “personnel” shall be conducted as provided in
 1145  chapter 435, using the level 1 standards set forth in that
 1146  chapter.
 1147         (5)
 1148         (b) The department shall require all licensed foster
 1149  parents to be randomly drug tested once every 2 years, with the
 1150  cost of the testing to be paid by the foster parents. The
 1151  department may adopt rules, policies, and procedures necessary
 1152  to administer this paragraph.
 1153         Section 24. Paragraph (i) of subsection (4) of section
 1154  409.221, Florida Statutes, is amended to read:
 1155         409.221 Consumer-directed care program.—
 1156         (4) CONSUMER-DIRECTED CARE.—
 1157         (i) Background screening requirements.—All persons who
 1158  render care under this section must undergo level 2 background
 1159  screening pursuant to chapter 435 shall comply with the
 1160  requirements of s. 435.05. Persons shall be excluded from
 1161  employment pursuant to s. 435.06.
 1162         1. Persons excluded from employment may request an
 1163  exemption from disqualification, as provided in s. 435.07.
 1164  Persons not subject to certification or professional licensure
 1165  may request an exemption from the agency. In considering a
 1166  request for an exemption, the agency shall comply with the
 1167  provisions of s. 435.07.
 1168         2. The agency shall, as allowable, reimburse consumer
 1169  employed caregivers for the cost of conducting background
 1170  screening as required by this section.
 1171  
 1172  For purposes of this section, a person who has undergone
 1173  screening, who is qualified for employment under this section
 1174  and applicable rule, and who has not been unemployed for more
 1175  than 90 180 days following such screening is not required to be
 1176  rescreened. Such person must attest under penalty of perjury to
 1177  not having been convicted of a disqualifying offense since
 1178  completing such screening.
 1179         Section 25. Subsection (8) of section 409.907, Florida
 1180  Statutes, is amended to read:
 1181         409.907 Medicaid provider agreements.—The agency may make
 1182  payments for medical assistance and related services rendered to
 1183  Medicaid recipients only to an individual or entity who has a
 1184  provider agreement in effect with the agency, who is performing
 1185  services or supplying goods in accordance with federal, state,
 1186  and local law, and who agrees that no person shall, on the
 1187  grounds of handicap, race, color, or national origin, or for any
 1188  other reason, be subjected to discrimination under any program
 1189  or activity for which the provider receives payment from the
 1190  agency.
 1191         (8)(a) Each provider, or each principal of the provider if
 1192  the provider is a corporation, partnership, association, or
 1193  other entity, seeking to participate in the Medicaid program
 1194  must submit a complete set of his or her fingerprints to the
 1195  agency for the purpose of conducting a criminal history record
 1196  check. Principals of the provider include any officer, director,
 1197  billing agent, managing employee, or affiliated person, or any
 1198  partner or shareholder who has an ownership interest equal to 5
 1199  percent or more in the provider. However, a director of a not
 1200  for-profit corporation or organization is not a principal for
 1201  purposes of a background investigation as required by this
 1202  section if the director: serves solely in a voluntary capacity
 1203  for the corporation or organization, does not regularly take
 1204  part in the day-to-day operational decisions of the corporation
 1205  or organization, receives no remuneration from the not-for
 1206  profit corporation or organization for his or her service on the
 1207  board of directors, has no financial interest in the not-for
 1208  profit corporation or organization, and has no family members
 1209  with a financial interest in the not-for-profit corporation or
 1210  organization; and if the director submits an affidavit, under
 1211  penalty of perjury, to this effect to the agency and the not
 1212  for-profit corporation or organization submits an affidavit,
 1213  under penalty of perjury, to this effect to the agency as part
 1214  of the corporation’s or organization’s Medicaid provider
 1215  agreement application. Notwithstanding the above, the agency may
 1216  require a background check for any person reasonably suspected
 1217  by the agency to have been convicted of a crime. This subsection
 1218  shall not apply to:
 1219         1. A hospital licensed under chapter 395;
 1220         2. A nursing home licensed under chapter 400;
 1221         3. A hospice licensed under chapter 400;
 1222         4. An assisted living facility licensed under chapter 429;
 1223         5. A unit of local government, except that requirements of
 1224  this subsection apply to nongovernmental providers and entities
 1225  when contracting with the local government to provide Medicaid
 1226  services. The actual cost of the state and national criminal
 1227  history record checks must be borne by the nongovernmental
 1228  provider or entity; or
 1229         6. Any business that derives more than 50 percent of its
 1230  revenue from the sale of goods to the final consumer, and the
 1231  business or its controlling parent either is required to file a
 1232  form 10-K or other similar statement with the Securities and
 1233  Exchange Commission or has a net worth of $50 million or more.
 1234         (b) Background screening shall be conducted in accordance
 1235  with chapter 435 and s. 408.809. The agency shall submit the
 1236  fingerprints to the Department of Law Enforcement. The
 1237  department shall conduct a state criminal-background
 1238  investigation and forward the fingerprints to the Federal Bureau
 1239  of Investigation for a national criminal-history record check.
 1240  The cost of the state and national criminal record check shall
 1241  be borne by the provider.
 1242         (c) The agency may permit a provider to participate in the
 1243  Medicaid program pending the results of the criminal record
 1244  check. However, such permission is fully revocable if the record
 1245  check reveals any crime-related history as provided in
 1246  subsection (10).
 1247         (c)(d) Proof of compliance with the requirements of level 2
 1248  screening under chapter 435 s. 435.04 conducted within 12 months
 1249  prior to the date that the Medicaid provider application is
 1250  submitted to the agency shall fulfill the requirements of this
 1251  subsection. Proof of compliance with the requirements of level 1
 1252  screening under s. 435.03 conducted within 12 months prior to
 1253  the date that the Medicaid provider application is submitted to
 1254  the agency shall meet the requirement that the Department of Law
 1255  Enforcement conduct a state criminal history record check.
 1256         Section 26. Subsection (12) is added to section 411.01,
 1257  Florida Statutes, to read:
 1258         411.01 School readiness programs; early learning
 1259  coalitions.—
 1260         (12) SUBSTITUTE INSTRUCTORS.—Each school district shall
 1261  make a list of all individuals currently eligible to act as a
 1262  substitute teacher within the county pursuant to the rules
 1263  adopted by the school district pursuant to s. 1012.35 available
 1264  to an early learning coalition serving students within the
 1265  school district. Child care facilities, as defined by s.
 1266  402.302, may employ individuals listed as substitute instructors
 1267  for the purpose of offering the school readiness program, the
 1268  Voluntary Prekindergarten Education Program, and all other
 1269  legally operating child care programs.
 1270         Section 27. Subsection (1) of section 429.14, Florida
 1271  Statutes, is amended to read:
 1272         429.14 Administrative penalties.—
 1273         (1) In addition to the requirements of part II of chapter
 1274  408, the agency may deny, revoke, and suspend any license issued
 1275  under this part and impose an administrative fine in the manner
 1276  provided in chapter 120 against a licensee of an assisted living
 1277  facility for a violation of any provision of this part, part II
 1278  of chapter 408, or applicable rules, or for any of the following
 1279  actions by a licensee of an assisted living facility, for the
 1280  actions of any person subject to level 2 background screening
 1281  under s. 408.809, or for the actions of any facility employee:
 1282         (a) An intentional or negligent act seriously affecting the
 1283  health, safety, or welfare of a resident of the facility.
 1284         (b) The determination by the agency that the owner lacks
 1285  the financial ability to provide continuing adequate care to
 1286  residents.
 1287         (c) Misappropriation or conversion of the property of a
 1288  resident of the facility.
 1289         (d) Failure to follow the criteria and procedures provided
 1290  under part I of chapter 394 relating to the transportation,
 1291  voluntary admission, and involuntary examination of a facility
 1292  resident.
 1293         (e) A citation of any of the following deficiencies as
 1294  specified in s. 429.19:
 1295         1. One or more cited class I deficiencies.
 1296         2. Three or more cited class II deficiencies.
 1297         3. Five or more cited class III deficiencies that have been
 1298  cited on a single survey and have not been corrected within the
 1299  times specified.
 1300         (f) Failure to comply with the A determination that a
 1301  person subject to level 2 background screening under s. 408.809
 1302  does not meet the screening standards of this part, s.
 1303  408.809(1), or chapter 435 s. 435.04 or that the facility is
 1304  retaining an employee subject to level 1 background screening
 1305  standards under s. 429.174 who does not meet the screening
 1306  standards of s. 435.03 and for whom exemptions from
 1307  disqualification have not been provided by the agency.
 1308         (g) A determination that an employee, volunteer,
 1309  administrator, or owner, or person who otherwise has access to
 1310  the residents of a facility does not meet the criteria specified
 1311  in s. 435.03(2), and the owner or administrator has not taken
 1312  action to remove the person. Exemptions from disqualification
 1313  may be granted as set forth in s. 435.07. No administrative
 1314  action may be taken against the facility if the person is
 1315  granted an exemption.
 1316         (g)(h) Violation of a moratorium.
 1317         (h)(i) Failure of the license applicant, the licensee
 1318  during relicensure, or a licensee that holds a provisional
 1319  license to meet the minimum license requirements of this part,
 1320  or related rules, at the time of license application or renewal.
 1321         (i)(j) An intentional or negligent life-threatening act in
 1322  violation of the uniform firesafety standards for assisted
 1323  living facilities or other firesafety standards that threatens
 1324  the health, safety, or welfare of a resident of a facility, as
 1325  communicated to the agency by the local authority having
 1326  jurisdiction or the State Fire Marshal.
 1327         (j)(k) Knowingly operating any unlicensed facility or
 1328  providing without a license any service that must be licensed
 1329  under this chapter or chapter 400.
 1330         (k)(l) Any act constituting a ground upon which application
 1331  for a license may be denied.
 1332         Section 28. Section 429.174, Florida Statutes, is amended
 1333  to read:
 1334         429.174 Background screening; exemptions.—The agency shall
 1335  require level 2 background screening for personnel as required
 1336  in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
 1337  owner or administrator of an assisted living facility must
 1338  conduct level 1 background screening, as set forth in chapter
 1339  435, on all employees hired on or after October 1, 1998, who
 1340  perform personal services as defined in s. 429.02(16). The
 1341  agency may exempt an individual from employment disqualification
 1342  as set forth in chapter 435. Such persons shall be considered as
 1343  having met this requirement if:
 1344         (1) Proof of compliance with level 1 screening requirements
 1345  obtained to meet any professional license requirements in this
 1346  state is provided and accompanied, under penalty of perjury, by
 1347  a copy of the person’s current professional license and an
 1348  affidavit of current compliance with the background screening
 1349  requirements.
 1350         (2) The person required to be screened has been
 1351  continuously employed in the same type of occupation for which
 1352  the person is seeking employment without a breach in service
 1353  which exceeds 180 days, and proof of compliance with the level 1
 1354  screening requirement which is no more than 2 years old is
 1355  provided. Proof of compliance shall be provided directly from
 1356  one employer or contractor to another, and not from the person
 1357  screened. Upon request, a copy of screening results shall be
 1358  provided by the employer retaining documentation of the
 1359  screening to the person screened.
 1360         (3) The person required to be screened is employed by a
 1361  corporation or business entity or related corporation or
 1362  business entity that owns, operates, or manages more than one
 1363  facility or agency licensed under this chapter, and for whom a
 1364  level 1 screening was conducted by the corporation or business
 1365  entity as a condition of initial or continued employment.
 1366         Section 29. Subsection (4) of section 429.67, Florida
 1367  Statutes, is amended to read:
 1368         429.67 Licensure.—
 1369         (4) Upon receipt of a completed license application or
 1370  license renewal, and the fee, The agency shall require level 2
 1371  initiate a level 1 background screening for personnel as
 1372  required in s. 408.809(1)(e), including as provided under
 1373  chapter 435 on the adult family-care home provider, the
 1374  designated relief person, and all adult household members,
 1375  pursuant to chapter 435 and s. 408.809, and all staff members.
 1376         (a) Proof of compliance with level 1 screening standards
 1377  which has been submitted within the previous 5 years to meet any
 1378  facility or professional licensure requirements of the agency or
 1379  the Department of Health satisfies the requirements of this
 1380  subsection. Such proof must be accompanied, under penalty of
 1381  perjury, by a copy of the person’s current professional license
 1382  and an affidavit of current compliance with the background
 1383  screening requirements.
 1384         (b) The person required to be screened must have been
 1385  continuously employed in the same type of occupation for which
 1386  the person is seeking employment without a breach in service
 1387  that exceeds 180 days, and proof of compliance with the level 1
 1388  screening requirement which is no more than 2 years old must be
 1389  provided. Proof of compliance shall be provided directly from
 1390  one employer or contractor to another, and not from the person
 1391  screened. Upon request, a copy of screening results shall be
 1392  provided to the person screened by the employer retaining
 1393  documentation of the screening.
 1394         Section 30. Section 429.69, Florida Statutes, is amended to
 1395  read:
 1396         429.69 Denial, revocation, and suspension of a license.—In
 1397  addition to the requirements of part II of chapter 408, the
 1398  agency may deny, suspend, and revoke a license for any of the
 1399  following reasons:
 1400         (1) Failure to comply with the of any of the persons
 1401  required to undergo background screening standards of this part,
 1402  s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
 1403  1 screening standards of s. 435.03, unless an exemption from
 1404  disqualification has been provided by the agency.
 1405         (2) Failure to correct cited fire code violations that
 1406  threaten the health, safety, or welfare of residents.
 1407         Section 31. Paragraph (c) of subsection (2) of section
 1408  429.911, Florida Statutes, is amended to read:
 1409         429.911 Denial, suspension, revocation of license;
 1410  emergency action; administrative fines; investigations and
 1411  inspections.—
 1412         (2) Each of the following actions by the owner of an adult
 1413  day care center or by its operator or employee is a ground for
 1414  action by the agency against the owner of the center or its
 1415  operator or employee:
 1416         (c) A Failure to comply with the of persons subject to
 1417  level 2 background screening standards of this part, s.
 1418  408.809(1), or chapter 435 under s. 408.809 to meet the
 1419  screening standards of s. 435.04, or the retention by the center
 1420  of an employee subject to level 1 background screening standards
 1421  under s. 429.174 who does not meet the screening standards of s.
 1422  435.03 and for whom exemptions from disqualification have not
 1423  been provided by the agency.
 1424         Section 32. Section 429.919, Florida Statutes, is amended
 1425  to read:
 1426         429.919 Background screening.—The agency shall require
 1427  level 2 background screening for personnel as required in s.
 1428  408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
 1429  or administrator of an adult day care center must conduct level
 1430  1 background screening as set forth in chapter 435 on all
 1431  employees hired on or after October 1, 1998, who provide basic
 1432  services or supportive and optional services to the
 1433  participants. Such persons satisfy this requirement if:
 1434         (1) Proof of compliance with level 1 screening requirements
 1435  obtained to meet any professional license requirements in this
 1436  state is provided and accompanied, under penalty of perjury, by
 1437  a copy of the person’s current professional license and an
 1438  affidavit of current compliance with the background screening
 1439  requirements.
 1440         (2) The person required to be screened has been
 1441  continuously employed, without a breach in service that exceeds
 1442  180 days, in the same type of occupation for which the person is
 1443  seeking employment and provides proof of compliance with the
 1444  level 1 screening requirement which is no more than 2 years old.
 1445  Proof of compliance must be provided directly from one employer
 1446  or contractor to another, and not from the person screened. Upon
 1447  request, a copy of screening results shall be provided to the
 1448  person screened by the employer retaining documentation of the
 1449  screening.
 1450         (3) The person required to be screened is employed by a
 1451  corporation or business entity or related corporation or
 1452  business entity that owns, operates, or manages more than one
 1453  facility or agency licensed under chapter 400 or this chapter,
 1454  and for whom a level 1 screening was conducted by the
 1455  corporation or business entity as a condition of initial or
 1456  continued employment.
 1457         Section 33. Section 430.0402, Florida Statutes, is created
 1458  to read:
 1459         430.0402Screening of direct service providers.—
 1460         (1)(a)Level 2 background screening pursuant to chapter 435
 1461  is required for direct service providers. Background screening
 1462  shall include employment history checks as provided in s.
 1463  435.03(1) and local criminal records checks through local law
 1464  enforcement agencies.
 1465         (b)For purposes of this section, the term “direct service
 1466  provider” means a person 18 years of age or older who, pursuant
 1467  to a program to provide services to the elderly, has direct,
 1468  face-to-face contact with a client while providing services to
 1469  the client or has access to the client’s living areas or to the
 1470  client’s funds or personal property. The term includes
 1471  coordinators, managers, and supervisors of residential
 1472  facilities and volunteers.
 1473         (2) Licensed physicians, nurses, or other professionals
 1474  licensed by the Department of Health are not subject to
 1475  background screening pursuant to this section if they are
 1476  providing a service that is within the scope of their licensed
 1477  practice.
 1478         (3) Refusal on the part of an employer to dismiss a
 1479  manager, supervisor, or direct service provider who has been
 1480  found to be in noncompliance with standards of this section
 1481  shall result in the automatic denial, termination, or revocation
 1482  of the license or certification, rate agreement, purchase order,
 1483  or contract, in addition to any other remedies authorized by
 1484  law.
 1485         (4)The background screening conducted pursuant to this
 1486  section must ensure that, in addition to the disqualifying
 1487  offenses listed in s. 435.04, no person subject to the
 1488  provisions of this section has an arrest awaiting final
 1489  disposition for, has been found guilty of, regardless of
 1490  adjudication, or entered a plea of nolo contendere or guilty to,
 1491  or has been adjudicated delinquent and the record has not been
 1492  sealed or expunged for, any offense prohibited under any of the
 1493  following provisions of the Florida Statutes or under any
 1494  similar statute of another jurisdiction:
 1495         (a) Any authorizing statutes, if the offense was a felony.
 1496         (b) Section 409.920, relating to Medicaid provider fraud.
 1497         (c) Section 409.9201, relating to Medicaid fraud.
 1498         (d) Section 817.034, relating to fraudulent acts through
 1499  mail, wire, radio, electromagnetic, photoelectronic, or
 1500  photooptical systems.
 1501         (e) Section 817.234, relating to false and fraudulent
 1502  insurance claims.
 1503         (f) Section 817.505, relating to patient brokering.
 1504         (g) Section 817.568, relating to criminal use of personal
 1505  identification information.
 1506         (h) Section 817.60, relating to obtaining a credit card
 1507  through fraudulent means.
 1508         (i) Section 817.61, relating to fraudulent use of credit
 1509  cards, if the offense was a felony.
 1510         (j) Section 831.01, relating to forgery.
 1511         (k) Section 831.02, relating to uttering forged
 1512  instruments.
 1513         (l) Section 831.07, relating to forging bank bills, checks,
 1514  drafts, or promissory notes.
 1515         (m) Section 831.09, relating to uttering forged bank bills,
 1516  checks, drafts, or promissory notes.
 1517         Section 34. Section 435.01, Florida Statutes, is amended to
 1518  read:
 1519         435.01 Applicability of this chapter; statutory references;
 1520  rulemaking.—
 1521         (1)(a) Unless otherwise provided by law, whenever a
 1522  background screening for employment or a background security
 1523  check is required by law to be conducted pursuant to this
 1524  chapter for employment, unless otherwise provided by law, the
 1525  provisions of this chapter shall apply.
 1526         (b) Unless expressly provided otherwise, a reference in any
 1527  section of the Florida Statutes to chapter 435 or to any section
 1528  or sections or portion of a section of chapter 435 includes, and
 1529  shall be understood as including, all subsequent amendments to
 1530  chapter 435 or to the referenced section or sections or portions
 1531  of a section. The purpose of this chapter is to facilitate
 1532  uniform background screening and, to this end, a reference to
 1533  this chapter, or to any section or subdivision within this
 1534  chapter, constitutes a general reference under the doctrine of
 1535  incorporation by reference.
 1536         (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
 1537  120.54 necessary to implement the provisions of this chapter.
 1538         Section 35. Section 435.02, Florida Statutes, is reordered
 1539  and amended to read:
 1540         435.02 Definitions.—For the purposes of this chapter, the
 1541  term:
 1542         (2)(1) “Employee” means any person required by law to be
 1543  screened pursuant to the provisions of this chapter.
 1544         (3)(2) “Employer” means any person or entity required by
 1545  law to conduct screening of employees pursuant to this chapter.
 1546         (1)(3) “Licensing Agency” means any state, or county, or
 1547  municipal agency that which grants licenses or registration
 1548  permitting the operation of an employer or is itself an employer
 1549  or that otherwise facilitates the screening of employees
 1550  pursuant to this chapter. When there is no state licensing
 1551  agency or the municipal or county licensing agency chooses not
 1552  to conduct employment screening, “licensing agency” means the
 1553  Department of Children and Family Services.
 1554         (4) “Employment” means any activity or service sought to be
 1555  performed by an employee that requires the employee to be
 1556  subject to screening pursuant to this chapter.
 1557         (5) “Vulnerable person” means a minor or a vulnerable adult
 1558  as defined in s. 415.102.
 1559         Section 36. Section 435.03, Florida Statutes, is amended to
 1560  read:
 1561         435.03 Level 1 screening standards.—
 1562         (1) All employees required by law to be screened pursuant
 1563  to this section must shall be required to undergo background
 1564  screening as a condition of employment and continued employment
 1565  which includes. For the purposes of this subsection, level 1
 1566  screenings shall include, but need not be limited to, employment
 1567  history checks and statewide criminal correspondence checks
 1568  through the Florida Department of Law Enforcement, a check of
 1569  the Dru Sjodin National Sex Offender Public Website, and may
 1570  include local criminal records checks through local law
 1571  enforcement agencies.
 1572         (2) Any person required by law to be screened pursuant to
 1573  this section must not have an arrest awaiting final disposition,
 1574  for whom employment screening is required by statute must not
 1575  have been found guilty of, regardless of adjudication, or
 1576  entered a plea of nolo contendere or guilty to, and must not
 1577  have been adjudicated delinquent and the record has not been
 1578  sealed or expunged for, any offense prohibited under any
 1579  provision of s. 435.04(2) of the following provisions of the
 1580  Florida Statutes or under any similar statute of another
 1581  jurisdiction.:
 1582         (a) Section 393.135, relating to sexual misconduct with
 1583  certain developmentally disabled clients and reporting of such
 1584  sexual misconduct.
 1585         (b) Section 394.4593, relating to sexual misconduct with
 1586  certain mental health patients and reporting of such sexual
 1587  misconduct.
 1588         (c) Section 415.111, relating to abuse, neglect, or
 1589  exploitation of a vulnerable adult.
 1590         (d) Section 782.04, relating to murder.
 1591         (e) Section 782.07, relating to manslaughter, aggravated
 1592  manslaughter of an elderly person or disabled adult, or
 1593  aggravated manslaughter of a child.
 1594         (f) Section 782.071, relating to vehicular homicide.
 1595         (g) Section 782.09, relating to killing of an unborn quick
 1596  child by injury to the mother.
 1597         (h) Section 784.011, relating to assault, if the victim of
 1598  the offense was a minor.
 1599         (i) Section 784.021, relating to aggravated assault.
 1600         (j) Section 784.03, relating to battery, if the victim of
 1601  the offense was a minor.
 1602         (k) Section 784.045, relating to aggravated battery.
 1603         (l) Section 787.01, relating to kidnapping.
 1604         (m) Section 787.02, relating to false imprisonment.
 1605         (n) Section 794.011, relating to sexual battery.
 1606         (o) Former s. 794.041, relating to prohibited acts of
 1607  persons in familial or custodial authority.
 1608         (p) Chapter 796, relating to prostitution.
 1609         (q) Section 798.02, relating to lewd and lascivious
 1610  behavior.
 1611         (r) Chapter 800, relating to lewdness and indecent
 1612  exposure.
 1613         (s) Section 806.01, relating to arson.
 1614         (t) Chapter 812, relating to theft, robbery, and related
 1615  crimes, if the offense was a felony.
 1616         (u) Section 817.563, relating to fraudulent sale of
 1617  controlled substances, only if the offense was a felony.
 1618         (v) Section 825.102, relating to abuse, aggravated abuse,
 1619  or neglect of an elderly person or disabled adult.
 1620         (w) Section 825.1025, relating to lewd or lascivious
 1621  offenses committed upon or in the presence of an elderly person
 1622  or disabled adult.
 1623         (x) Section 825.103, relating to exploitation of an elderly
 1624  person or disabled adult, if the offense was a felony.
 1625         (y) Section 826.04, relating to incest.
 1626         (z) Section 827.03, relating to child abuse, aggravated
 1627  child abuse, or neglect of a child.
 1628         (aa) Section 827.04, relating to contributing to the
 1629  delinquency or dependency of a child.
 1630         (bb) Former s. 827.05, relating to negligent treatment of
 1631  children.
 1632         (cc) Section 827.071, relating to sexual performance by a
 1633  child.
 1634         (dd) Chapter 847, relating to obscene literature.
 1635         (ee) Chapter 893, relating to drug abuse prevention and
 1636  control, only if the offense was a felony or if any other person
 1637  involved in the offense was a minor.
 1638         (ff) Section 916.1075, relating to sexual misconduct with
 1639  certain forensic clients and reporting of such sexual
 1640  misconduct.
 1641         (3) The security background investigations under this
 1642  section must ensure that no person subject to the provisions of
 1643  this section has been found guilty of, regardless of
 1644  adjudication, or entered a plea of nolo contendere or guilty to,
 1645  any offense that constitutes domestic violence as defined in s.
 1646  741.28, whether such act was committed in this state or in
 1647  another jurisdiction. Standards must also ensure that the
 1648  person:
 1649         (a) For employees and employers licensed or registered
 1650  pursuant to chapter 400 or chapter 429, and for employees and
 1651  employers of developmental disabilities centers as defined in s.
 1652  393.063, intermediate care facilities for the developmentally
 1653  disabled as defined in s. 400.960, and mental health treatment
 1654  facilities as defined in s. 394.455, meets the requirements of
 1655  this chapter.
 1656         (b) Has not committed an act that constitutes domestic
 1657  violence as defined in s. 741.28.
 1658         Section 37. Section 435.04, Florida Statutes, is amended to
 1659  read:
 1660         435.04 Level 2 screening standards.—
 1661         (1)(a) All employees required by law to be screened
 1662  pursuant to this section must in positions designated by law as
 1663  positions of trust or responsibility shall be required to
 1664  undergo security background investigations as a condition of
 1665  employment and continued employment which includes. For the
 1666  purposes of this subsection, security background investigations
 1667  shall include, but need not be limited to, fingerprinting for
 1668  statewide criminal history records all purposes and checks in
 1669  this subsection, statewide criminal and juvenile records checks
 1670  through the Florida Department of Law Enforcement, and national
 1671  federal criminal history records checks through the Federal
 1672  Bureau of Investigation, and may include local criminal records
 1673  checks through local law enforcement agencies.
 1674         (b)Fingerprints submitted pursuant to this section on or
 1675  after July 1, 2012, must be submitted electronically to the
 1676  Department of Law Enforcement.
 1677         (c)An agency may contract with one or more vendors to
 1678  perform all or part of the electronic fingerprinting pursuant to
 1679  this section. Such contracts must ensure that the owners and
 1680  personnel of the vendor performing the electronic fingerprinting
 1681  are qualified and will ensure the integrity and security of all
 1682  personal information.
 1683         (d)An agency may require by rule adopted pursuant to
 1684  chapter 120 that fingerprints submitted pursuant to this section
 1685  must be submitted electronically to the Department of Law
 1686  Enforcement on a date earlier than July 1, 2012.
 1687         (2) The security background investigations under this
 1688  section must ensure that no persons subject to the provisions of
 1689  this section have been arrested for and are awaiting final
 1690  disposition of, have been found guilty of, regardless of
 1691  adjudication, or entered a plea of nolo contendere or guilty to,
 1692  or have been adjudicated delinquent and the record has not been
 1693  sealed or expunged for, any offense prohibited under any of the
 1694  following provisions of the Florida Statutes or under any
 1695  similar statute of another jurisdiction:
 1696         (a) Section 393.135, relating to sexual misconduct with
 1697  certain developmentally disabled clients and reporting of such
 1698  sexual misconduct.
 1699         (b) Section 394.4593, relating to sexual misconduct with
 1700  certain mental health patients and reporting of such sexual
 1701  misconduct.
 1702         (c) Section 415.111, relating to adult abuse, neglect, or
 1703  exploitation of aged persons or disabled adults.
 1704         (d) Section 782.04, relating to murder.
 1705         (e) Section 782.07, relating to manslaughter, aggravated
 1706  manslaughter of an elderly person or disabled adult, or
 1707  aggravated manslaughter of a child.
 1708         (f) Section 782.071, relating to vehicular homicide.
 1709         (g) Section 782.09, relating to killing of an unborn quick
 1710  child by injury to the mother.
 1711         (h) Chapter 784, relating to assault, battery, and culpable
 1712  negligence, if the offense was a felony.
 1713         (i)(h) Section 784.011, relating to assault, if the victim
 1714  of the offense was a minor.
 1715         (i) Section 784.021, relating to aggravated assault.
 1716         (j) Section 784.03, relating to battery, if the victim of
 1717  the offense was a minor.
 1718         (k) Section 784.045, relating to aggravated battery.
 1719         (l) Section 784.075, relating to battery on a detention or
 1720  commitment facility staff.
 1721         (k)(m) Section 787.01, relating to kidnapping.
 1722         (l)(n) Section 787.02, relating to false imprisonment.
 1723         (m) Section 787.025, relating to luring or enticing a
 1724  child.
 1725         (n)(o) Section 787.04(2), relating to taking, enticing, or
 1726  removing a child beyond the state limits with criminal intent
 1727  pending custody proceedings.
 1728         (o)(p) Section 787.04(3), relating to carrying a child
 1729  beyond the state lines with criminal intent to avoid producing a
 1730  child at a custody hearing or delivering the child to the
 1731  designated person.
 1732         (p)(q) Section 790.115(1), relating to exhibiting firearms
 1733  or weapons within 1,000 feet of a school.
 1734         (q)(r) Section 790.115(2)(b), relating to possessing an
 1735  electric weapon or device, destructive device, or other weapon
 1736  on school property.
 1737         (r)(s) Section 794.011, relating to sexual battery.
 1738         (s)(t) Former s. 794.041, relating to prohibited acts of
 1739  persons in familial or custodial authority.
 1740         (t) Section 794.05, relating to unlawful sexual activity
 1741  with certain minors.
 1742         (u) Chapter 796, relating to prostitution.
 1743         (v) Section 798.02, relating to lewd and lascivious
 1744  behavior.
 1745         (w) Chapter 800, relating to lewdness and indecent
 1746  exposure.
 1747         (x) Section 806.01, relating to arson.
 1748         (y) Section 810.02, relating to burglary.
 1749         (z) Section 810.14, relating to voyeurism, if the offense
 1750  is a felony.
 1751         (aa) Section 810.145, relating to video voyeurism, if the
 1752  offense is a felony.
 1753         (bb)(y) Chapter 812, relating to theft, robbery, and
 1754  related crimes, if the offense is a felony.
 1755         (cc)(z) Section 817.563, relating to fraudulent sale of
 1756  controlled substances, only if the offense was a felony.
 1757         (dd)(aa) Section 825.102, relating to abuse, aggravated
 1758  abuse, or neglect of an elderly person or disabled adult.
 1759         (ee)(bb) Section 825.1025, relating to lewd or lascivious
 1760  offenses committed upon or in the presence of an elderly person
 1761  or disabled adult.
 1762         (ff)(cc) Section 825.103, relating to exploitation of an
 1763  elderly person or disabled adult, if the offense was a felony.
 1764         (gg)(dd) Section 826.04, relating to incest.
 1765         (hh)(ee) Section 827.03, relating to child abuse,
 1766  aggravated child abuse, or neglect of a child.
 1767         (ii)(ff) Section 827.04, relating to contributing to the
 1768  delinquency or dependency of a child.
 1769         (jj)(gg) Former s. 827.05, relating to negligent treatment
 1770  of children.
 1771         (kk)(hh) Section 827.071, relating to sexual performance by
 1772  a child.
 1773         (ll)(ii) Section 843.01, relating to resisting arrest with
 1774  violence.
 1775         (mm)(jj) Section 843.025, relating to depriving a law
 1776  enforcement, correctional, or correctional probation officer
 1777  means of protection or communication.
 1778         (nn)(kk) Section 843.12, relating to aiding in an escape.
 1779         (oo)(ll) Section 843.13, relating to aiding in the escape
 1780  of juvenile inmates in correctional institutions.
 1781         (pp)(mm) Chapter 847, relating to obscene literature.
 1782         (qq)(nn) Section 874.05(1), relating to encouraging or
 1783  recruiting another to join a criminal gang.
 1784         (rr)(oo) Chapter 893, relating to drug abuse prevention and
 1785  control, only if the offense was a felony or if any other person
 1786  involved in the offense was a minor.
 1787         (ss)(pp) Section 916.1075, relating to sexual misconduct
 1788  with certain forensic clients and reporting of such sexual
 1789  misconduct.
 1790         (tt)(qq) Section 944.35(3), relating to inflicting cruel or
 1791  inhuman treatment on an inmate resulting in great bodily harm.
 1792         (uu) Section 944.40, relating to escape.
 1793         (vv)(rr) Section 944.46, relating to harboring, concealing,
 1794  or aiding an escaped prisoner.
 1795         (ww)(ss) Section 944.47, relating to introduction of
 1796  contraband into a correctional facility.
 1797         (xx)(tt) Section 985.701, relating to sexual misconduct in
 1798  juvenile justice programs.
 1799         (yy)(uu) Section 985.711, relating to contraband introduced
 1800  into detention facilities.
 1801         (3) The security background investigations under this
 1802  section must ensure that no person subject to this section has
 1803  been found guilty of, regardless of adjudication, or entered a
 1804  plea of nolo contendere or guilty to, any offense that
 1805  constitutes domestic violence as defined in s. 741.28, whether
 1806  such act was committed in this state or in another jurisdiction.
 1807  The security background investigations conducted under this
 1808  section for employees of the Department of Juvenile Justice must
 1809  ensure that no persons subject to the provisions of this section
 1810  have been found guilty of, regardless of adjudication, or
 1811  entered a plea of nolo contendere or guilty to, any offense
 1812  prohibited under any of the following provisions of the Florida
 1813  Statutes or under any similar statute of another jurisdiction:
 1814         (a) Section 784.07, relating to assault or battery of law
 1815  enforcement officers, firefighters, emergency medical care
 1816  providers, public transit employees or agents, or other
 1817  specified officers.
 1818         (b) Section 810.02, relating to burglary, if the offense is
 1819  a felony.
 1820         (c) Section 944.40, relating to escape.
 1821  
 1822  The Department of Juvenile Justice may not remove a
 1823  disqualification from employment or grant an exemption to any
 1824  person who is disqualified under this section for any offense
 1825  disposed of during the most recent 7-year period.
 1826         (4) Standards must also ensure that the person:
 1827         (a) For employees or employers licensed or registered
 1828  pursuant to chapter 400 or chapter 429, does not have a
 1829  confirmed report of abuse, neglect, or exploitation as defined
 1830  in s. 415.102(6), which has been uncontested or upheld under s.
 1831  415.103.
 1832         (b) Has not committed an act that constitutes domestic
 1833  violence as defined in s. 741.30.
 1834         (5) Under penalty of perjury, all employees in such
 1835  positions of trust or responsibility shall attest to meeting the
 1836  requirements for qualifying for employment and agreeing to
 1837  inform the employer immediately if convicted of any of the
 1838  disqualifying offenses while employed by the employer. Each
 1839  employer of employees in such positions of trust or
 1840  responsibilities which is licensed or registered by a state
 1841  agency shall submit to the licensing agency annually or at the
 1842  time of license renewal, under penalty of perjury, an affidavit
 1843  of compliance with the provisions of this section.
 1844         Section 38. Section 435.05, Florida Statutes, is amended to
 1845  read:
 1846         435.05 Requirements for covered employees and employers.
 1847  Except as otherwise provided by law, the following requirements
 1848  shall apply to covered employees and employers:
 1849         (1)(a) Every person required by law to be screened pursuant
 1850  to the provisions of this chapter must employed in a position
 1851  for which employment screening is required must, within 5
 1852  working days after starting to work, submit to the employer a
 1853  complete set of information necessary to conduct a screening
 1854  under this chapter section.
 1855         (b) For level 1 screening, the employer must submit the
 1856  information necessary for screening to the Florida Department of
 1857  Law Enforcement within 5 working days after receiving it. The
 1858  Florida Department of Law Enforcement will conduct a search of
 1859  its records and will respond to the employer or agency. The
 1860  employer will inform the employee whether screening has revealed
 1861  any disqualifying information.
 1862         (c) For level 2 screening, the employer or licensing agency
 1863  must submit the information necessary for screening to the
 1864  Florida Department of Law Enforcement within 5 working days
 1865  after receiving it. The Florida Department of Law Enforcement
 1866  will perform a criminal history record check of its conduct a
 1867  search of its criminal and juvenile records and will request
 1868  that the Federal Bureau of Investigation perform a national
 1869  criminal history record check conduct a search of its records
 1870  for each employee for whom the request is made. The Florida
 1871  Department of Law Enforcement will respond to the employer or
 1872  licensing agency, and the employer or licensing agency will
 1873  inform the employee whether screening has revealed disqualifying
 1874  information.
 1875         (d) The person whose background is being checked must
 1876  supply any missing criminal or other necessary information upon
 1877  request to the requesting employer or agency within 30 days
 1878  after receiving the employer makes a request for the information
 1879  or be subject to automatic disqualification.
 1880         (2) Every employee must attest, subject to penalty of
 1881  perjury, to meeting the requirements for qualifying for
 1882  employment pursuant to this chapter and agreeing to inform the
 1883  employer immediately if arrested for any of the disqualifying
 1884  offenses while employed by the employer. Unless otherwise
 1885  prohibited by state or federal law, new employees may be placed
 1886  on probationary status pending a determination of compliance
 1887  with minimum standards set forth in this chapter.
 1888         (3) Each employer that is licensed or registered with an
 1889  agency and is required by law to conduct level 2 background
 1890  screening must submit to the agency sign an affidavit annually
 1891  or at the time of license renewal, under penalty of perjury, a
 1892  signed affidavit attesting to compliance with the provisions of
 1893  this chapter stating that all covered employees have been
 1894  screened or are newly hired and are awaiting the results of the
 1895  required screening checks.
 1896         Section 39. Section 435.06, Florida Statutes, is amended to
 1897  read:
 1898         435.06 Exclusion from employment.—
 1899         (1) When an employer or licensing agency has reasonable
 1900  cause to believe that grounds exist for the denial or
 1901  termination of employment of any employee as a result of
 1902  background screening, it shall notify the employee in writing,
 1903  stating the specific record that which indicates noncompliance
 1904  with the standards in this chapter section. It shall be the
 1905  responsibility of the affected employee to contest his or her
 1906  disqualification or to request exemption from disqualification.
 1907  The only basis for contesting the disqualification shall be
 1908  proof of mistaken identity.
 1909         (2)(a) An employer may not hire, select, or otherwise allow
 1910  an employee to have contact with any vulnerable person that
 1911  would place the employee in a role that would require background
 1912  screening until such time as the screening process is completed
 1913  and demonstrates the absence of any grounds for the denial or
 1914  termination of employment. If the screening process shows any
 1915  grounds for the denial or termination of employment, the
 1916  employer may not hire, select, or otherwise allow the employee
 1917  to have contact with any vulnerable person that would place the
 1918  employee in a role that would require background screening
 1919  unless the employee is granted an exemption for the
 1920  disqualification by the agency as provided under s. 435.07.
 1921         (b) If at any time an employer becomes aware that an
 1922  employee has been arrested for a disqualifying offense, the
 1923  employer must remove the employee from contact with any
 1924  vulnerable person that would place the employee in a role that
 1925  would require background screening until such time as the arrest
 1926  is resolved in such a way that the employer determines that the
 1927  employee is still eligible for employment under this chapter.
 1928         (c) The employer must either terminate the employment of
 1929  any of its personnel found to be in noncompliance with the
 1930  minimum standards of this chapter for good moral character
 1931  contained in this section or place the employee in a position
 1932  for which background screening is not required unless the
 1933  employee is granted an exemption from disqualification pursuant
 1934  to s. 435.07.
 1935         (3) Any employee person who is required to undergo
 1936  employment screening and who refuses to cooperate in such
 1937  screening or refuses to timely submit the information necessary
 1938  to complete the screening, including fingerprints when required,
 1939  must shall be disqualified for employment in such position or,
 1940  if employed, must shall be dismissed.
 1941         (4)There is no unemployment compensation or other monetary
 1942  liability on the part of, and no cause of action for damages
 1943  arising against, an employer that, upon notice of a conviction
 1944  or arrest for a disqualifying offense listed under this chapter,
 1945  terminates the person against whom the report was issued or who
 1946  was arrested, regardless of whether or not that person has filed
 1947  for an exemption pursuant to this chapter.
 1948         Section 40. Section 435.07, Florida Statutes, is amended to
 1949  read:
 1950         435.07 Exemptions from disqualification.—Unless otherwise
 1951  provided by law, the provisions of this section shall apply to
 1952  exemptions from disqualification for disqualifying offenses
 1953  revealed pursuant to background screenings required by law to be
 1954  conducted pursuant to this chapter, regardless of whether those
 1955  disqualifying offenses are listed in this chapter or are
 1956  codified in other statutes.
 1957         (1) The head of the appropriate licensing agency may grant
 1958  to any employee otherwise disqualified from employment an
 1959  exemption from disqualification for:
 1960         (a) Felonies for which at least 3 years have elapsed since
 1961  the applicant for the exemption has completed or been lawfully
 1962  released from confinement, supervision, or sanction for the
 1963  disqualifying felony committed more than 3 years prior to the
 1964  date of disqualification;
 1965         (b) Misdemeanors prohibited under any of the Florida
 1966  Statutes cited in this chapter or under similar statutes of
 1967  other jurisdictions for which the applicant for the exemption
 1968  has completed or been lawfully released from confinement,
 1969  supervision, or sanction;
 1970         (c) Offenses that were felonies when committed but that are
 1971  now misdemeanors and for which the applicant for the exemption
 1972  has completed or been lawfully released from confinement,
 1973  supervision, or sanction; or
 1974         (d) Findings of delinquency. For offenses that would be
 1975  felonies if committed by an adult and the record has not been
 1976  sealed or expunged, the exemption may not be granted until at
 1977  least 3 years have elapsed since the applicant for the exemption
 1978  has completed or been lawfully released from confinement,
 1979  supervision, or sanction for the disqualifying offense; or
 1980         (e)Commissions of acts of domestic violence as defined in
 1981  s. 741.30.
 1982  
 1983  For the purposes of this subsection, the term “felonies” means
 1984  both felonies prohibited under any of the Florida Statutes cited
 1985  in this chapter or under similar statutes of other
 1986  jurisdictions.
 1987         (2) Persons employed, or applicants for employment, by
 1988  treatment providers who treat adolescents 13 years of age and
 1989  older who are disqualified from employment solely because of
 1990  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 1991  exempted from disqualification from employment pursuant to this
 1992  chapter section without application of the 3-year waiting period
 1993  in paragraph (1)(a).
 1994         (3)(a) In order for the head of an agency a licensing
 1995  department to grant an exemption to any employee, the employee
 1996  must demonstrate by clear and convincing evidence that the
 1997  employee should not be disqualified from employment. Employees
 1998  seeking an exemption have the burden of setting forth clear and
 1999  convincing sufficient evidence of rehabilitation, including, but
 2000  not limited to, the circumstances surrounding the criminal
 2001  incident for which an exemption is sought, the time period that
 2002  has elapsed since the incident, the nature of the harm caused to
 2003  the victim, and the history of the employee since the incident,
 2004  or any other evidence or circumstances indicating that the
 2005  employee will not present a danger if employment or continued
 2006  employment is allowed.
 2007         (b) The agency may consider as part of its deliberations of
 2008  the employee’s rehabilitation the fact that the employee has,
 2009  subsequent to the conviction for the disqualifying offense for
 2010  which the exemption is being sought, been arrested for or
 2011  convicted of another crime, even if that crime is not a
 2012  disqualifying offense.
 2013         (c) The decision of the head of an agency licensing
 2014  department regarding an exemption may be contested through the
 2015  hearing procedures set forth in chapter 120. The standard of
 2016  review by the administrative law judge is whether the agency’s
 2017  intended action is an abuse of discretion.
 2018         (4)(a) Disqualification from employment under this chapter
 2019  subsection (1) may not be removed from, nor may an exemption be
 2020  granted to, any personnel who is found guilty of, regardless of
 2021  adjudication, or who has entered a plea of nolo contendere or
 2022  guilty to, any felony covered by s. 435.03 or s. 435.04 solely
 2023  by reason of any pardon, executive clemency, or restoration of
 2024  civil rights.
 2025         (b) Disqualification from employment under this chapter may
 2026  not be removed from, nor may an exemption be granted to, any
 2027  person who is a:
 2028         1. Sexual predator as designated pursuant to s. 775.21;
 2029         2. Career offender pursuant to s. 775.261; or
 2030         3. Sexual offender pursuant to s. 943.0435, unless the
 2031  requirement to register as a sexual offender has been removed
 2032  pursuant to s. 943.04354.
 2033         (5) Exemptions granted by one licensing agency shall be
 2034  considered by subsequent licensing agencies, but are not binding
 2035  on the subsequent licensing agency.
 2036         Section 41. Section 435.08, Florida Statutes, is amended to
 2037  read:
 2038         435.08 Payment for processing of fingerprints and state
 2039  criminal records checks.—Either the employer or the employee is
 2040  responsible for paying the costs of screening. Payment shall be
 2041  submitted to the Florida Department of Law Enforcement with the
 2042  request for screening. The appropriate agency is responsible for
 2043  collecting and paying any fee related to fingerprints retained
 2044  on its behalf to the Department of Law Enforcement for costs
 2045  resulting from the fingerprint information retention services.
 2046  The amount of the annual fee and procedures for the submission
 2047  and retention of fingerprint information and for the
 2048  dissemination of search results shall be established by rule of
 2049  the Department of Law Enforcement.
 2050         Section 42. Subsection (1) of section 464.203, Florida
 2051  Statutes, is amended to read:
 2052         464.203 Certified nursing assistants; certification
 2053  requirement.—
 2054         (1) The board shall issue a certificate to practice as a
 2055  certified nursing assistant to any person who demonstrates a
 2056  minimum competency to read and write and successfully passes the
 2057  required background Level I or Level II screening pursuant to s.
 2058  400.215 and meets one of the following requirements:
 2059         (a) Has successfully completed an approved training program
 2060  and achieved a minimum score, established by rule of the board,
 2061  on the nursing assistant competency examination, which consists
 2062  of a written portion and skills-demonstration portion approved
 2063  by the board and administered at a site and by personnel
 2064  approved by the department.
 2065         (b) Has achieved a minimum score, established by rule of
 2066  the board, on the nursing assistant competency examination,
 2067  which consists of a written portion and skills-demonstration
 2068  portion, approved by the board and administered at a site and by
 2069  personnel approved by the department and:
 2070         1. Has a high school diploma, or its equivalent; or
 2071         2. Is at least 18 years of age.
 2072         (c) Is currently certified in another state; is listed on
 2073  that state’s certified nursing assistant registry; and has not
 2074  been found to have committed abuse, neglect, or exploitation in
 2075  that state.
 2076         (d) Has completed the curriculum developed under the
 2077  Enterprise Florida Jobs and Education Partnership Grant and
 2078  achieved a minimum score, established by rule of the board, on
 2079  the nursing assistant competency examination, which consists of
 2080  a written portion and skills-demonstration portion, approved by
 2081  the board and administered at a site and by personnel approved
 2082  by the department.
 2083         Section 43. Subsection (9) of section 489.115, Florida
 2084  Statutes, is amended to read:
 2085         489.115 Certification and registration; endorsement;
 2086  reciprocity; renewals; continuing education.—
 2087         (9) An initial applicant shall submit, along with the
 2088  application, a complete set of fingerprints to in a form and
 2089  manner required by the department. The fingerprints shall be
 2090  submitted to the Department of Law Enforcement for state
 2091  processing, and the Department of Law Enforcement shall forward
 2092  them to the Federal Bureau of Investigation for national
 2093  processing for the purpose of determining if the applicant has a
 2094  criminal history record conducting a level 2 background check
 2095  pursuant to s. 435.04. The department shall and the board may
 2096  review the background results to determine if an applicant meets
 2097  licensure requirements. The cost for the fingerprint processing
 2098  shall be borne by the person subject to the background
 2099  screening. These fees are to be collected by the authorized
 2100  agencies or vendors. The authorized agencies or vendors are
 2101  responsible for paying the processing costs to the Department of
 2102  Law Enforcement.
 2103         Section 44. Paragraphs (g) and (h) of subsection (2) of
 2104  section 943.05, Florida Statutes, are amended, and subsection
 2105  (4) is added to that section, to read:
 2106         943.05 Criminal Justice Information Program; duties; crime
 2107  reports.—
 2108         (2) The program shall:
 2109         (g) Upon official written request, and subject to the
 2110  department having sufficient funds and equipment to participate
 2111  in such a request, from the agency executive director or
 2112  secretary, or from his or her designee, or from qualified
 2113  entities participating in the volunteer and employee criminal
 2114  history screening system under s. 943.0542, or as otherwise
 2115  required As authorized by law, retain fingerprints submitted by
 2116  criminal and noncriminal justice agencies to the department for
 2117  a criminal history background screening in a manner provided by
 2118  rule and enter the fingerprints in the statewide automated
 2119  fingerprint identification system authorized by paragraph (b).
 2120  Such fingerprints shall thereafter be available for all purposes
 2121  and uses authorized for arrest fingerprint submissions cards
 2122  entered into the statewide automated fingerprint identification
 2123  system pursuant to s. 943.051.
 2124         (h)1.For each agency or qualified entity that officially
 2125  requests retention of fingerprints or for which retention is
 2126  otherwise required As authorized by law, search all arrest
 2127  fingerprint submissions cards received under s. 943.051 against
 2128  the fingerprints retained in the statewide automated fingerprint
 2129  identification system under paragraph (g).
 2130         1. Any arrest record that is identified with the retained
 2131  fingerprints of a person subject to background screening as
 2132  provided in paragraph (g) shall be reported to the appropriate
 2133  agency or qualified entity.
 2134         2. To Agencies may participate in this search process,
 2135  agencies or qualified entities must notify each person
 2136  fingerprinted that his or her fingerprints will be retained, pay
 2137  by payment of an annual fee to the department, and inform by
 2138  informing the department of any change in the affiliation,
 2139  employment, or contractual status or place of affiliation,
 2140  employment, or contracting of each person the persons whose
 2141  fingerprints are retained under paragraph (g) when such change
 2142  removes or eliminates the agency or qualified entity’s basis or
 2143  need for receiving reports of any arrest of that person, so that
 2144  the agency or qualified entity will not be obligated to pay the
 2145  upcoming annual fee for the retention and searching of that
 2146  person’s fingerprints to the department. The department shall
 2147  adopt a rule setting the amount of the annual fee to be imposed
 2148  upon each participating agency or qualified entity for
 2149  performing these searches and establishing the procedures for
 2150  the retention of fingerprints and the dissemination of search
 2151  results. The fee may be borne by the agency, qualified entity,
 2152  or person subject to fingerprint retention or as otherwise
 2153  provided by law. Fees may be waived or reduced by the executive
 2154  director for good cause shown. Consistent with the recognition
 2155  of criminal justice agencies expressed in s. 943.053(3), these
 2156  services will be provided to criminal justice agencies for
 2157  criminal justice purposes free of charge.
 2158         3. Agencies that participate in the fingerprint retention
 2159  and search process may adopt rules pursuant to ss. 120.536(1)
 2160  and 120.54 to require employers to keep the agency informed of
 2161  any change in the affiliation, employment, or contractual status
 2162  of each person whose fingerprints are retained under paragraph
 2163  (g) when such change removes or eliminates the agency’s basis or
 2164  need for receiving reports of any arrest of that person, so that
 2165  the agency will not be obligated to pay the upcoming annual fee
 2166  for the retention and searching of that person’s fingerprints to
 2167  the department.
 2168         (4) Upon notification that a federal fingerprint retention
 2169  program is in effect, and subject to the department being funded
 2170  and equipped to participate in such a program, the department
 2171  shall, when state and national criminal history records checks
 2172  and retention of submitted prints are authorized or required by
 2173  law, retain the fingerprints as provided in paragraphs (2)(g)
 2174  and (h) and advise the Federal Bureau of Investigation to retain
 2175  the fingerprints at the national level for searching against
 2176  arrest fingerprint submissions received at the national level.
 2177         Section 45. Subsections (6) and (11) of section 943.053,
 2178  Florida Statutes, are amended to read:
 2179         943.053 Dissemination of criminal justice information;
 2180  fees.—
 2181         (6) Notwithstanding any other provision of law, the
 2182  department shall provide to the Florida Department of Revenue
 2183  Child Support Enforcement access to Florida criminal records
 2184  which are not exempt from disclosure under chapter 119, and to
 2185  such information as may be lawfully available from other states
 2186  via the National Law Enforcement Telecommunications System, for
 2187  the purpose of locating subjects who owe or potentially owe
 2188  support, as defined in s. 409.2554, or to whom such obligation
 2189  is owed pursuant to Title IV-D of the Social Security Act. Such
 2190  information may be provided to child support enforcement
 2191  authorities in other states for these specific purposes.
 2192         (11) A criminal justice agency that is authorized under
 2193  federal rules or law to conduct a criminal history background
 2194  check on an agency employee who is not certified by the Criminal
 2195  Justice Standards and Training Commission under s. 943.12 may
 2196  submit to the department the fingerprints of the noncertified
 2197  employee to obtain state and national criminal history
 2198  information. Effective January 15, 2007, The fingerprints
 2199  submitted shall be retained and entered in the statewide
 2200  automated fingerprint identification system authorized by s.
 2201  943.05 and shall be available for all purposes and uses
 2202  authorized for arrest fingerprint submissions cards entered in
 2203  the statewide automated fingerprint identification system
 2204  pursuant to s. 943.051. The department shall search all arrest
 2205  fingerprint submissions cards received pursuant to s. 943.051
 2206  against the fingerprints retained in the statewide automated
 2207  fingerprint identification system pursuant to this section. In
 2208  addition to all purposes and uses authorized for arrest
 2209  fingerprint submissions cards for which submitted fingerprints
 2210  may be used, any arrest record that is identified with the
 2211  retained employee fingerprints must be reported to the
 2212  submitting employing agency.
 2213         Section 46. Paragraph (a) of subsection (2) of section
 2214  984.01, Florida Statutes, is amended to read:
 2215         984.01 Purposes and intent; personnel standards and
 2216  screening.—
 2217         (2) The Department of Juvenile Justice or the Department of
 2218  Children and Family Services, as appropriate, may contract with
 2219  the Federal Government, other state departments and agencies,
 2220  county and municipal governments and agencies, public and
 2221  private agencies, and private individuals and corporations in
 2222  carrying out the purposes of, and the responsibilities
 2223  established in, this chapter.
 2224         (a) When the department of Juvenile Justice or the
 2225  Department of Children and Family Services contracts with a
 2226  provider for any program for children, all personnel, including
 2227  owners, operators, employees, and volunteers, in the facility
 2228  must be of good moral character. Each contract entered into by
 2229  either department for services delivered on an appointment or
 2230  intermittent basis by a provider that does not have regular
 2231  custodial responsibility for children and each contract with a
 2232  school for before or aftercare services must ensure that the
 2233  owners, operators, and all personnel who have direct contact
 2234  with children are of good moral character. A volunteer who
 2235  assists on an intermittent basis for less than 10 40 hours per
 2236  month need not be screened, provided a person who meets the
 2237  screening requirement of this section is always present and has
 2238  the volunteer in his or her line of sight if the volunteer is
 2239  under direct and constant supervision by persons who meet the
 2240  screening requirements.
 2241         Section 47. Section 985.644, Florida Statutes, is amended
 2242  to read:
 2243         985.644 Departmental contracting powers; personnel
 2244  standards and screening.—
 2245         (1) The department of Juvenile Justice or the Department of
 2246  Children and Family Services, as appropriate, may contract with
 2247  the Federal Government, other state departments and agencies,
 2248  county and municipal governments and agencies, public and
 2249  private agencies, and private individuals and corporations in
 2250  carrying out the purposes of, and the responsibilities
 2251  established in, this chapter.
 2252         (a) When the Department of Juvenile Justice or the
 2253  Department of Children and Family Services contracts with a
 2254  provider for any program for children, all personnel, including
 2255  owners, operators, employees, and volunteers, in the facility
 2256  must be of good moral character. Each contract entered into by
 2257  the either department for services delivered on an appointment
 2258  or intermittent basis by a provider that does not have regular
 2259  custodial responsibility for children and each contract with a
 2260  school for before or aftercare services must ensure that all the
 2261  owners, operators, and all personnel who have direct contact
 2262  with children are subject to level 2 background screening
 2263  pursuant to chapter 435 of good moral character.
 2264         (b) A volunteer who assists the department or any program
 2265  for children on an intermittent basis for less than 10 40 hours
 2266  per month need not be screened, provided a person who meets the
 2267  screening requirement of this section is always present and has
 2268  the volunteer in his or her line of sight if the volunteer is
 2269  under direct and constant supervision by persons who meet the
 2270  screening requirements.
 2271         (b) The Department of Juvenile Justice and the Department
 2272  of Children and Family Services shall require employment
 2273  screening pursuant to chapter 435, using the level 2 standards
 2274  set forth in that chapter for personnel in programs for children
 2275  or youths.
 2276         (c) The Department of Juvenile Justice or the Department of
 2277  Children and Family Services may grant exemptions from
 2278  disqualification from working with children as provided in s.
 2279  435.07.
 2280         (2) The department may contract with the Federal
 2281  Government, other state departments and agencies, county and
 2282  municipal governments and agencies, public and private agencies,
 2283  and private individuals and corporations in carrying out the
 2284  purposes and the responsibilities of the delinquency services
 2285  and programs of the department.
 2286         (2)(3) The department shall adopt a rule pursuant to
 2287  chapter 120 establishing a procedure to provide notice of policy
 2288  changes that affect contracted delinquency services and
 2289  programs. A policy is defined as an operational requirement that
 2290  applies to only the specified contracted delinquency service or
 2291  program. The procedure shall include:
 2292         (a) Public notice of policy development.
 2293         (b) Opportunity for public comment on the proposed policy.
 2294         (c) Assessment for fiscal impact upon the department and
 2295  providers.
 2296         (d) The department’s response to comments received.
 2297         (4) When the department contracts with a provider for any
 2298  delinquency service or program, all personnel, including all
 2299  owners, operators, employees, and volunteers in the facility or
 2300  providing the service or program shall be of good moral
 2301  character. A volunteer who assists on an intermittent basis for
 2302  less than 40 hours per month is not required to be screened if
 2303  the volunteer is under direct and constant supervision by
 2304  persons who meet the screening requirements.
 2305         (3)(5)(a) All employees of the department and all personnel
 2306  of contract providers for any program for children, including
 2307  all owners, operators, employees, persons who have access to
 2308  confidential juvenile records, and volunteers, must complete For
 2309  any person employed by the department, or by a provider under
 2310  contract with the department, in delinquency facilities,
 2311  services, or programs, the department shall require:
 2312         1. A level 2 employment screening pursuant to chapter 435
 2313  prior to employment. The security background investigations
 2314  conducted under this section must ensure that, in addition to
 2315  the disqualifying offenses listed in s. 435.04, no person
 2316  subject to the background screening provisions of this section
 2317  has been found guilty of, regardless of adjudication, or entered
 2318  a plea of nolo contendere or guilty to, any offense prohibited
 2319  under any of the following provisions of the Florida Statutes or
 2320  under any similar statute of another jurisdiction:
 2321         a. Section 784.07, relating to assault or battery of law
 2322  enforcement officers, firefighters, emergency medical care
 2323  providers, public transit employees or agents, or other
 2324  specified officers.
 2325         b. Section 817.568, relating to criminal use of personal
 2326  identification information.
 2327         2. A national federal criminal records check by the Federal
 2328  Bureau of Investigation every 5 years following the date of the
 2329  person’s employment.
 2330         (b) Except for law enforcement, correctional, and
 2331  correctional probation officers, to whom s. 943.13(5) applies,
 2332  the department shall electronically submit to the Department of
 2333  Law Enforcement:
 2334         1. Fingerprint information obtained during the employment
 2335  screening required by subparagraph (a)1.
 2336         2. Beginning on December 15, 2005, Fingerprint information
 2337  for all persons employed by the department, or by a provider
 2338  under contract with the department, in delinquency facilities,
 2339  services, or programs if such fingerprint information has not
 2340  previously been electronically submitted to the Department of
 2341  Law Enforcement under this paragraph.
 2342         (c) All fingerprint information electronically submitted to
 2343  the Department of Law Enforcement under paragraph (b) shall be
 2344  retained by the Department of Law Enforcement and entered into
 2345  the statewide automated fingerprint identification system
 2346  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
 2347  information shall be available for all purposes and uses
 2348  authorized for arrest fingerprint information entered into the
 2349  statewide automated fingerprint identification system pursuant
 2350  to s. 943.051 until the fingerprint information is removed
 2351  pursuant to paragraph (e). The Department of Law Enforcement
 2352  shall search all arrest fingerprint information received
 2353  pursuant to s. 943.051 against the fingerprint information
 2354  entered into the statewide automated fingerprint system pursuant
 2355  to this subsection. Any arrest records identified as a result of
 2356  the search shall be reported to the department in the manner and
 2357  timeframe established by the Department of Law Enforcement by
 2358  rule.
 2359         (d) The department shall pay an annual fee to the
 2360  Department of Law Enforcement for its costs resulting from the
 2361  fingerprint information retention services required by this
 2362  subsection. The amount of the annual fee and procedures for the
 2363  submission and retention of fingerprint information and for the
 2364  dissemination of search results shall be established by the
 2365  Department of Law Enforcement by a rule that is applicable to
 2366  the department individually pursuant to this subsection or that
 2367  is applicable to the department and other employing agencies
 2368  pursuant to rulemaking authority otherwise provided by law.
 2369         (e) The department shall notify the Department of Law
 2370  Enforcement when a person whose fingerprint information is
 2371  retained by the Department of Law Enforcement under this
 2372  subsection is no longer employed by the department, or by a
 2373  provider under contract with the department, in a delinquency
 2374  facility, service, or program. This notice shall be provided by
 2375  the department to the Department of Law Enforcement no later
 2376  than 6 months after the date of the change in the person’s
 2377  employment status. Fingerprint information for persons
 2378  identified by the department in the notice shall be removed from
 2379  the statewide automated fingerprint system.
 2380         (6) The department may grant exemptions from
 2381  disqualification from working with children as provided in s.
 2382  435.07.
 2383         (7) The department may adopt rules pursuant to ss.
 2384  120.536(1) and 120.54 to describe the procedure and requirements
 2385  necessary to implement the employment screening and fingerprint
 2386  retention services for all employees of the department and all
 2387  personnel of contract providers for any program for children,
 2388  including all owners, operators, employees, and volunteers,
 2389  including the collection of associated fees.
 2390         Section 48. Paragraph (a) of subsection (1) of section
 2391  381.60225, Florida Statutes, is amended to read:
 2392         381.60225 Background screening.—
 2393         (1) Each applicant for certification must comply with the
 2394  following requirements:
 2395         (a) Upon receipt of a completed, signed, and dated
 2396  application, the Agency for Health Care Administration shall
 2397  require background screening, in accordance with the level 2
 2398  standards for screening set forth in chapter 435, of the
 2399  managing employee, or other similarly titled individual
 2400  responsible for the daily operation of the organization, agency,
 2401  or entity, and financial officer, or other similarly titled
 2402  individual who is responsible for the financial operation of the
 2403  organization, agency, or entity, including billings for
 2404  services. The applicant must comply with the procedures for
 2405  level 2 background screening as set forth in chapter 435, as
 2406  well as the requirements of s. 435.03(3).
 2407         Section 49. Subsection (32) of section 409.912, Florida
 2408  Statutes, is amended to read:
 2409         409.912 Cost-effective purchasing of health care.—The
 2410  agency shall purchase goods and services for Medicaid recipients
 2411  in the most cost-effective manner consistent with the delivery
 2412  of quality medical care. To ensure that medical services are
 2413  effectively utilized, the agency may, in any case, require a
 2414  confirmation or second physician’s opinion of the correct
 2415  diagnosis for purposes of authorizing future services under the
 2416  Medicaid program. This section does not restrict access to
 2417  emergency services or poststabilization care services as defined
 2418  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2419  shall be rendered in a manner approved by the agency. The agency
 2420  shall maximize the use of prepaid per capita and prepaid
 2421  aggregate fixed-sum basis services when appropriate and other
 2422  alternative service delivery and reimbursement methodologies,
 2423  including competitive bidding pursuant to s. 287.057, designed
 2424  to facilitate the cost-effective purchase of a case-managed
 2425  continuum of care. The agency shall also require providers to
 2426  minimize the exposure of recipients to the need for acute
 2427  inpatient, custodial, and other institutional care and the
 2428  inappropriate or unnecessary use of high-cost services. The
 2429  agency shall contract with a vendor to monitor and evaluate the
 2430  clinical practice patterns of providers in order to identify
 2431  trends that are outside the normal practice patterns of a
 2432  provider’s professional peers or the national guidelines of a
 2433  provider’s professional association. The vendor must be able to
 2434  provide information and counseling to a provider whose practice
 2435  patterns are outside the norms, in consultation with the agency,
 2436  to improve patient care and reduce inappropriate utilization.
 2437  The agency may mandate prior authorization, drug therapy
 2438  management, or disease management participation for certain
 2439  populations of Medicaid beneficiaries, certain drug classes, or
 2440  particular drugs to prevent fraud, abuse, overuse, and possible
 2441  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2442  Committee shall make recommendations to the agency on drugs for
 2443  which prior authorization is required. The agency shall inform
 2444  the Pharmaceutical and Therapeutics Committee of its decisions
 2445  regarding drugs subject to prior authorization. The agency is
 2446  authorized to limit the entities it contracts with or enrolls as
 2447  Medicaid providers by developing a provider network through
 2448  provider credentialing. The agency may competitively bid single
 2449  source-provider contracts if procurement of goods or services
 2450  results in demonstrated cost savings to the state without
 2451  limiting access to care. The agency may limit its network based
 2452  on the assessment of beneficiary access to care, provider
 2453  availability, provider quality standards, time and distance
 2454  standards for access to care, the cultural competence of the
 2455  provider network, demographic characteristics of Medicaid
 2456  beneficiaries, practice and provider-to-beneficiary standards,
 2457  appointment wait times, beneficiary use of services, provider
 2458  turnover, provider profiling, provider licensure history,
 2459  previous program integrity investigations and findings, peer
 2460  review, provider Medicaid policy and billing compliance records,
 2461  clinical and medical record audits, and other factors. Providers
 2462  shall not be entitled to enrollment in the Medicaid provider
 2463  network. The agency shall determine instances in which allowing
 2464  Medicaid beneficiaries to purchase durable medical equipment and
 2465  other goods is less expensive to the Medicaid program than long
 2466  term rental of the equipment or goods. The agency may establish
 2467  rules to facilitate purchases in lieu of long-term rentals in
 2468  order to protect against fraud and abuse in the Medicaid program
 2469  as defined in s. 409.913. The agency may seek federal waivers
 2470  necessary to administer these policies.
 2471         (32) Each managed care plan that is under contract with the
 2472  agency to provide health care services to Medicaid recipients
 2473  shall annually conduct a background check with the Florida
 2474  Department of Law Enforcement of all persons with ownership
 2475  interest of 5 percent or more or executive management
 2476  responsibility for the managed care plan and shall submit to the
 2477  agency information concerning any such person who has been found
 2478  guilty of, regardless of adjudication, or has entered a plea of
 2479  nolo contendere or guilty to, any of the offenses listed in s.
 2480  435.04 435.03.
 2481         Section 50. Paragraph (e) of subsection (1) of section
 2482  464.018, Florida Statutes, is amended to read:
 2483         464.018 Disciplinary actions.—
 2484         (1) The following acts constitute grounds for denial of a
 2485  license or disciplinary action, as specified in s. 456.072(2):
 2486         (e) Having been found guilty of, regardless of
 2487  adjudication, or entered a plea of nolo contendere or guilty to,
 2488  any offense prohibited under s. 435.04 435.03 or under any
 2489  similar statute of another jurisdiction; or having committed an
 2490  act which constitutes domestic violence as defined in s. 741.28.
 2491         Section 51. Paragraph (m) of subsection (1) of section
 2492  468.3101, Florida Statutes, is amended to read:
 2493         468.3101 Disciplinary grounds and actions.—
 2494         (1) The department may make or require to be made any
 2495  investigations, inspections, evaluations, and tests, and require
 2496  the submission of any documents and statements, which it
 2497  considers necessary to determine whether a violation of this
 2498  part has occurred. The following acts shall be grounds for
 2499  disciplinary action as set forth in this section:
 2500         (m) Having been found guilty of, regardless of
 2501  adjudication, or pleading guilty or nolo contendere to, any
 2502  offense prohibited under s. 435.04 435.03 or under any similar
 2503  statute of another jurisdiction.
 2504         Section 52. Subsection (3) of section 744.309, Florida
 2505  Statutes, is amended to read:
 2506         744.309 Who may be appointed guardian of a resident ward.—
 2507         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 2508  of a felony or who, from any incapacity or illness, is incapable
 2509  of discharging the duties of a guardian, or who is otherwise
 2510  unsuitable to perform the duties of a guardian, shall be
 2511  appointed to act as guardian. Further, no person who has been
 2512  judicially determined to have committed abuse, abandonment, or
 2513  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 2514  (2), and (37), or who has been found guilty of, regardless of
 2515  adjudication, or entered a plea of nolo contendere or guilty to,
 2516  any offense prohibited under s. 435.04 435.03 or under any
 2517  similar statute of another jurisdiction, shall be appointed to
 2518  act as a guardian. Except as provided in subsection (5) or
 2519  subsection (6), a person who provides substantial services to
 2520  the proposed ward in a professional or business capacity, or a
 2521  creditor of the proposed ward, may not be appointed guardian and
 2522  retain that previous professional or business relationship. A
 2523  person may not be appointed a guardian if he or she is in the
 2524  employ of any person, agency, government, or corporation that
 2525  provides service to the proposed ward in a professional or
 2526  business capacity, except that a person so employed may be
 2527  appointed if he or she is the spouse, adult child, parent, or
 2528  sibling of the proposed ward or the court determines that the
 2529  potential conflict of interest is insubstantial and that the
 2530  appointment would clearly be in the proposed ward’s best
 2531  interest. The court may not appoint a guardian in any other
 2532  circumstance in which a conflict of interest may occur.
 2533         Section 53. Subsection (12) of section 744.474, Florida
 2534  Statutes, is amended to read:
 2535         744.474 Reasons for removal of guardian.—A guardian may be
 2536  removed for any of the following reasons, and the removal shall
 2537  be in addition to any other penalties prescribed by law:
 2538         (12) Having been found guilty of, regardless of
 2539  adjudication, or entered a plea of nolo contendere or guilty to,
 2540  any offense prohibited under s. 435.04 435.03 or under any
 2541  similar statute of another jurisdiction.
 2542         Section 54. Paragraph (a) of subsection (6) of section
 2543  985.04, Florida Statutes, is amended to read:
 2544         985.04 Oaths; records; confidential information.—
 2545         (6)(a) Records maintained by the department, including
 2546  copies of records maintained by the court, which pertain to a
 2547  child found to have committed a delinquent act which, if
 2548  committed by an adult, would be a crime specified in s. ss.
 2549  435.03 and 435.04 may not be destroyed under this section for a
 2550  period of 25 years after the youth’s final referral to the
 2551  department, except in cases of the death of the child. Such
 2552  records, however, shall be sealed by the court for use only in
 2553  meeting the screening requirements for personnel in s. 402.3055
 2554  and the other sections cited above, or under departmental rule;
 2555  however, current criminal history information must be obtained
 2556  from the Department of Law Enforcement in accordance with s.
 2557  943.053. The information shall be released to those persons
 2558  specified in the above cited sections for the purposes of
 2559  complying with those sections. The court may punish by contempt
 2560  any person who releases or uses the records for any unauthorized
 2561  purpose.
 2562         Section 55. Section 409.1758, Florida Statutes, is
 2563  repealed.
 2564         Section 56. Paragraph (d) of subsection (4) of section
 2565  456.039, Florida Statutes, is repealed.
 2566         Section 57. The changes made by this act are intended to be
 2567  prospective in nature. It is not intended that persons who are
 2568  employed or licensed on the effective date of this act be
 2569  rescreened until such time as they are otherwise required to be
 2570  rescreened pursuant to law, at which time they must meet the
 2571  requirements for screening as set forth in this act.
 2572         Section 58. This act shall take effect August 1, 2010.

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