July 12, 2020
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       Florida Senate - 2010               CS for CS for CS for SB 1520
       
       
       
       By the Committees on Health and Human Services Appropriations;
       Criminal Justice; and Children, Families, and Elder Affairs; and
       Senators Storms and Crist
       
       
       603-04870-10                                          20101520c3
    1                        A bill to be entitled                      
    2         An act relating to screening; amending s. 39.001,
    3         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. 409.912, F.S.;
   71         requiring Medicaid providers to obtain a level 2
   72         background screening for each provider employee in
   73         direct contact with or providing direct services to
   74         Medicaid recipients; amending s. 411.01, F.S.;
   75         requiring school districts to make a list of eligible
   76         substitute teachers available to early learning
   77         coalitions; amending s. 429.14, F.S.; revising
   78         administrative penalty provisions relating to assisted
   79         living facilities; amending s. 429.174, F.S.; revising
   80         background screening requirements for assisted living
   81         facility personnel; amending s. 429.67, F.S.; revising
   82         licensure requirements for adult family-care home
   83         personnel and household members; amending s. 429.69,
   84         F.S.; revising background screening requirements for
   85         adult family-care home personnel; amending s. 429.911,
   86         F.S.; revising administrative penalty provisions
   87         relating to adult day care centers; amending s.
   88         429.919, F.S.; revising background screening
   89         requirements for adult day care center personnel;
   90         creating s. 430.0402, F.S.; providing background
   91         screening requirements for direct service providers
   92         under the Department of Elderly Affairs; amending s.
   93         435.01, F.S.; revising provisions related to the
   94         applicability of ch. 435, F.S., statutory references
   95         to the chapter, and rulemaking; providing construction
   96         with respect to the doctrine of incorporation by
   97         reference; amending s. 435.02, F.S.; revising and
   98         adding definitions; amending s. 435.03, F.S.; revising
   99         level 1 screening standards; adding disqualifying
  100         offenses; amending s. 435.04, F.S.; revising level 2
  101         screening standards; requiring electronic submission
  102         of fingerprints after a certain date; authorizing
  103         agencies to contract for electronic fingerprinting;
  104         adding disqualifying offenses; amending s. 435.05,
  105         F.S.; revising background check requirements for
  106         covered employees and employers; amending s. 435.06,
  107         F.S.; revising provisions relating to exclusion from
  108         employment; providing that an employer may not hire,
  109         select, or otherwise allow an employee contact with
  110         any vulnerable person until the screening process is
  111         completed; requiring removal of an employee arrested
  112         for disqualifying offenses from roles requiring
  113         background screening until the employee’s eligibility
  114         for employment is determined; amending s. 435.07,
  115         F.S.; revising provisions relating to exemptions from
  116         disqualification; amending s. 435.08, F.S.; revising
  117         provisions relating to the payment for processing of
  118         fingerprints and criminal history records checks;
  119         amending s. 464.203, F.S.; conforming provisions to
  120         changes made by the act; amending s. 489.115, F.S.;
  121         removing reference to ch. 435, F.S., for background
  122         screening of construction contractors; amending s.
  123         943.05, F.S.; revising provisions relating to the
  124         Criminal Justice Information Program under the
  125         Department of Law Enforcement; authorizing agencies to
  126         request the retention of certain fingerprints by the
  127         department; providing for rulemaking to require
  128         employers to keep the agencies informed of any change
  129         in the affiliation, employment, or contractual status
  130         of each person whose fingerprints are retained in
  131         certain circumstances; providing departmental duties
  132         upon notification that a federal fingerprint retention
  133         program is in effect; amending s. 943.053, F.S.;
  134         removing obsolete references relating to the
  135         dissemination of criminal justice information;
  136         amending s. 984.01, F.S.; revising an exemption from
  137         screening requirements for volunteers who assist with
  138         programs for children; amending s. 985.644, F.S.;
  139         revising background screening requirements for the
  140         Department of Juvenile Justice; authorizing
  141         rulemaking; amending ss. 381.60225, 409.912, 464.018,
  142         468.3101, 744.309, 744.474, and 985.04, F.S.;
  143         conforming provisions to changes made to ch. 435,
  144         F.S., by the act; repealing s. 409.1758, F.S.,
  145         relating to screening of summer camp personnel;
  146         repealing s. 456.039(4)(d), F.S., relating to
  147         information required for licensure of designated
  148         health care professionals; providing for prospective
  149         application of the act; providing an effective date.
  150  
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Paragraph (a) of subsection (2) of section
  154  39.001, Florida Statutes, is amended to read:
  155         39.001 Purposes and intent; personnel standards and
  156  screening.—
  157         (2) DEPARTMENT CONTRACTS.—The department may contract with
  158  the Federal Government, other state departments and agencies,
  159  county and municipal governments and agencies, public and
  160  private agencies, and private individuals and corporations in
  161  carrying out the purposes of, and the responsibilities
  162  established in, this chapter.
  163         (a) When the department contracts with a provider for any
  164  program for children, all personnel, including owners,
  165  operators, employees, and volunteers, in the facility must be of
  166  good moral character. A volunteer who assists on an intermittent
  167  basis for less than 10 40 hours per month need not be screened,
  168  provided a person who meets the screening requirement of this
  169  section is always present and has the volunteer within his or
  170  her line of sight if the volunteer is under direct and constant
  171  supervision by persons who meet the screening requirements.
  172         Section 2. Subsection (1) of section 39.821, Florida
  173  Statutes, is amended to read:
  174         39.821 Qualifications of guardians ad litem.—
  175         (1) Because of the special trust or responsibility placed
  176  in a guardian ad litem, the Guardian Ad Litem Program may use
  177  any private funds collected by the program, or any state funds
  178  so designated, to conduct a security background investigation
  179  before certifying a volunteer to serve. A security background
  180  investigation must include, but need not be limited to,
  181  employment history checks, checks of references, local criminal
  182  records checks through local law enforcement agencies, and
  183  statewide criminal records checks through the Department of Law
  184  Enforcement. Upon request, an employer shall furnish a copy of
  185  the personnel record for the employee or former employee who is
  186  the subject of a security background investigation conducted
  187  under this section. The information contained in the personnel
  188  record may include, but need not be limited to, disciplinary
  189  matters and the reason why the employee was terminated from
  190  employment. An employer who releases a personnel record for
  191  purposes of a security background investigation is presumed to
  192  have acted in good faith and is not liable for information
  193  contained in the record without a showing that the employer
  194  maliciously falsified the record. A security background
  195  investigation conducted under this section must ensure that a
  196  person is not certified as a guardian ad litem if the person has
  197  been convicted of, regardless of adjudication, or entered a plea
  198  of nolo contendere or guilty to, any offense prohibited under
  199  the provisions listed in s. 435.04. All applicants certified on
  200  or after August 1, 2010, must undergo a level 2 background
  201  screening pursuant to chapter 435 before being certified the
  202  provisions of the Florida Statutes specified in s. 435.04(2) or
  203  under any similar law in another jurisdiction. Before certifying
  204  an applicant to serve as a guardian ad litem, the Guardian Ad
  205  Litem Program may request a federal criminal records check of
  206  the applicant through the Federal Bureau of Investigation. In
  207  analyzing and evaluating the information obtained in the
  208  security background investigation, the program must give
  209  particular emphasis to past activities involving children,
  210  including, but not limited to, child-related criminal offenses
  211  or child abuse. The program has the sole discretion in
  212  determining whether to certify a person based on his or her
  213  security background investigation. The information collected
  214  pursuant to the security background investigation is
  215  confidential and exempt from s. 119.07(1).
  216         Section 3. Paragraph (b) of subsection (1) of section
  217  215.5586, Florida Statutes, is amended to read:
  218         215.5586 My Safe Florida Home Program.—There is established
  219  within the Department of Financial Services the My Safe Florida
  220  Home Program. The department shall provide fiscal
  221  accountability, contract management, and strategic leadership
  222  for the program, consistent with this section. This section does
  223  not create an entitlement for property owners or obligate the
  224  state in any way to fund the inspection or retrofitting of
  225  residential property in this state. Implementation of this
  226  program is subject to annual legislative appropriations. It is
  227  the intent of the Legislature that the My Safe Florida Home
  228  Program provide trained and certified inspectors to perform
  229  inspections for owners of site-built, single-family, residential
  230  properties and grants to eligible applicants as funding allows.
  231  The program shall develop and implement a comprehensive and
  232  coordinated approach for hurricane damage mitigation that may
  233  include the following:
  234         (1) HURRICANE MITIGATION INSPECTIONS.—
  235         (b) To qualify for selection by the department as a wind
  236  certification entity to provide hurricane mitigation
  237  inspections, the entity shall, at a minimum, meet the following
  238  requirements:
  239         1. Use hurricane mitigation inspectors who:
  240         a. Are certified as a building inspector under s. 468.607;
  241         b. Are licensed as a general or residential contractor
  242  under s. 489.111;
  243         c. Are licensed as a professional engineer under s. 471.015
  244  and who have passed the appropriate equivalency test of the
  245  building code training program as required by s. 553.841;
  246         d. Are licensed as a professional architect under s.
  247  481.213; or
  248         e. Have at least 2 years of experience in residential
  249  construction or residential building inspection and have
  250  received specialized training in hurricane mitigation
  251  procedures. Such training may be provided by a class offered
  252  online or in person.
  253         2. Use hurricane mitigation inspectors who also:
  254         a. Have undergone drug testing and a level 2 background
  255  screening checks pursuant to s. 435.04. The department may
  256  conduct criminal record checks of inspectors used by wind
  257  certification entities. Inspectors must submit a set of the
  258  fingerprints to the department for state and national criminal
  259  history checks and must pay the fingerprint processing fee set
  260  forth in s. 624.501. The fingerprints shall be sent by the
  261  department to the Department of Law Enforcement and forwarded to
  262  the Federal Bureau of Investigation for processing. The results
  263  shall be returned to the department for screening. The
  264  fingerprints shall be taken by a law enforcement agency,
  265  designated examination center, or other department-approved
  266  entity; and
  267         b. Have been certified, in a manner satisfactory to the
  268  department, to conduct the inspections.
  269         3. Provide a quality assurance program including a
  270  reinspection component.
  271         Section 4. Paragraphs (a) and (e) of subsection (1) of
  272  section 393.0655, Florida Statutes, are amended, and subsection
  273  (5) is added to that section, to read:
  274         393.0655 Screening of direct service providers.—
  275         (1) MINIMUM STANDARDS.—The agency shall require level 2
  276  employment screening pursuant to chapter 435 for direct service
  277  providers who are unrelated to their clients, including support
  278  coordinators, and managers and supervisors of residential
  279  facilities or comprehensive transitional education programs
  280  licensed under this chapter and any other person, including
  281  volunteers, who provide care or services, who have access to a
  282  client’s living areas, or who have access to a client’s funds or
  283  personal property. Background screening shall include employment
  284  history checks as provided in s. 435.03(1) and local criminal
  285  records checks through local law enforcement agencies.
  286         (a) A volunteer who assists on an intermittent basis for
  287  less than 10 40 hours per month does not have to be screened,
  288  provided a person who meets the screening requirement of this
  289  section is always present and has the volunteer within his or
  290  her line of sight if the volunteer is under the direct and
  291  constant visual supervision of persons who meet the screening
  292  requirements of this section.
  293         (e)A direct service provider who is awaiting the
  294  completion of background screening is temporarily exempt from
  295  the screening requirements under this section if the provider is
  296  under the direct and constant visual supervision of persons who
  297  meet the screening requirements of this section. Such exemption
  298  expires 90 days after the direct service provider first provides
  299  care or services to clients, has access to a client’s living
  300  areas, or has access to a client’s funds or personal property.
  301         (5)DISQUALIFYING OFFENSES.—The background screening
  302  conducted under this section must ensure that, in addition to
  303  the disqualifying offenses listed in s. 435.04, no person
  304  subject to the provisions of this section has an arrest awaiting
  305  final disposition for, has been found guilty of, regardless of
  306  adjudication, or entered a plea of nolo contendere or guilty to,
  307  or has been adjudicated delinquent and the record has not been
  308  sealed or expunged for, any offense prohibited under any of the
  309  following provisions of the Florida Statutes or under any
  310  similar statute of another jurisdiction:
  311         (a) Any authorizing statutes, if the offense was a felony.
  312         (b) This chapter, if the offense was a felony.
  313         (c) Section 409.920, relating to Medicaid provider fraud.
  314         (d) Section 409.9201, relating to Medicaid fraud.
  315         (e) Section 817.034, relating to fraudulent acts through
  316  mail, wire, radio, electromagnetic, photoelectronic, or
  317  photooptical systems.
  318         (f) Section 817.234, relating to false and fraudulent
  319  insurance claims.
  320         (g) Section 817.505, relating to patient brokering.
  321         (h) Section 817.568, relating to criminal use of personal
  322  identification information.
  323         (i) Section 817.60, relating to obtaining a credit card
  324  through fraudulent means.
  325         (j) Section 817.61, relating to fraudulent use of credit
  326  cards, if the offense was a felony.
  327         (k) Section 831.01, relating to forgery.
  328         (l) Section 831.02, relating to uttering forged
  329  instruments.
  330         (m) Section 831.07, relating to forging bank bills, checks,
  331  drafts, or promissory notes.
  332         (n) Section 831.09, relating to uttering forged bank bills,
  333  checks, drafts, or promissory notes.
  334         Section 5. Section 394.4572, Florida Statutes, is amended
  335  to read:
  336         394.4572 Screening of mental health personnel.—
  337         (1)(a) The department and the Agency for Health Care
  338  Administration shall require level 2 background employment
  339  screening pursuant to chapter 435 for mental health personnel
  340  using the standards for level 2 screening set forth in chapter
  341  435. “Mental health personnel” includes all program directors,
  342  professional clinicians, staff members, and volunteers working
  343  in public or private mental health programs and facilities who
  344  have direct contact with individuals held for examination or
  345  admitted for mental health treatment unmarried patients under
  346  the age of 18 years. For purposes of this chapter, employment
  347  screening of mental health personnel shall also include, but is
  348  not limited to, employment screening as provided under chapter
  349  435 and s. 408.809.
  350         (b) Students in the health care professions who are
  351  interning in a mental health facility licensed under chapter
  352  395, where the primary purpose of the facility is not the
  353  treatment of minors, are exempt from the fingerprinting and
  354  screening requirements if, provided they are under direct
  355  supervision in the actual physical presence of a licensed health
  356  care professional.
  357         (c) Mental health personnel working in a facility licensed
  358  under chapter 395 who have less than 15 hours per week of direct
  359  contact with patients or who are health care professionals
  360  licensed by the Agency for Health Care Administration or a board
  361  thereunder are exempt from the fingerprinting and screening
  362  requirements, except for persons working in mental health
  363  facilities where the primary purpose of the facility is the
  364  treatment of minors.
  365         (c)(d) A volunteer who assists on an intermittent basis for
  366  less than 10 40 hours per month is exempt from the
  367  fingerprinting and screening requirements, provided a person who
  368  meets the screening requirement of paragraph (a) is always
  369  present and has the volunteer within his or her line of sight
  370  the volunteer is under direct and constant supervision by
  371  persons who meet the screening requirements of paragraph (a).
  372         (2) The department or the Agency for Health Care
  373  Administration may grant exemptions from disqualification as
  374  provided in chapter 435 s. 435.06.
  375         (3) Prospective mental health personnel who have previously
  376  been fingerprinted or screened pursuant to this chapter, chapter
  377  393, chapter 397, chapter 402, or chapter 409, or teachers who
  378  have been fingerprinted pursuant to chapter 1012, who have not
  379  been unemployed for more than 90 days thereafter, and who under
  380  the penalty of perjury attest to the completion of such
  381  fingerprinting or screening and to compliance with the
  382  provisions of this section and the standards for level 1
  383  screening contained in chapter 435, shall not be required to be
  384  refingerprinted or rescreened in order to comply with any
  385  screening requirements of this part.
  386         Section 6. Section 400.215, Florida Statutes, is amended to
  387  read:
  388         400.215 Personnel screening requirement.—
  389         (1) The agency shall require level 2 background screening
  390  for personnel as required in s. 408.809(1)(e) pursuant to as
  391  provided in chapter 435 and s. 408.809. for all employees or
  392  prospective employees of facilities licensed under this part who
  393  are expected to, or whose responsibilities may require them to:
  394         (a) Provide personal care or services to residents;
  395         (b) Have access to resident living areas; or
  396         (c) Have access to resident funds or other personal
  397  property.
  398         (2) Employers and employees shall comply with the
  399  requirements of s. 435.05.
  400         (a) Notwithstanding the provisions of s. 435.05(1),
  401  facilities must have in their possession evidence that level 1
  402  screening has been completed before allowing an employee to
  403  begin working with patients as provided in subsection (1). All
  404  information necessary for conducting background screening using
  405  level 1 standards as specified in s. 435.03 shall be submitted
  406  by the nursing facility to the agency. Results of the background
  407  screening shall be provided by the agency to the requesting
  408  nursing facility.
  409         (b) Employees qualified under the provisions of paragraph
  410  (a) who have not maintained continuous residency within the
  411  state for the 5 years immediately preceding the date of request
  412  for background screening must complete level 2 screening, as
  413  provided in chapter 435. Such employees may work in a
  414  conditional status up to 180 days pending the receipt of written
  415  findings evidencing the completion of level 2 screening. Level 2
  416  screening shall not be required of employees or prospective
  417  employees who attest in writing under penalty of perjury that
  418  they meet the residency requirement. Completion of level 2
  419  screening shall require the employee or prospective employee to
  420  furnish to the nursing facility a full set of fingerprints to
  421  enable a criminal background investigation to be conducted. The
  422  nursing facility shall submit the completed fingerprint card to
  423  the agency. The agency shall establish a record of the request
  424  in the database provided for in paragraph (c) and forward the
  425  request to the Department of Law Enforcement, which is
  426  authorized to submit the fingerprints to the Federal Bureau of
  427  Investigation for a national criminal history records check. The
  428  results of the national criminal history records check shall be
  429  returned to the agency, which shall maintain the results in the
  430  database provided for in paragraph (c). The agency shall notify
  431  the administrator of the requesting nursing facility or the
  432  administrator of any other facility licensed under chapter 393,
  433  chapter 394, chapter 395, chapter 397, chapter 429, or this
  434  chapter, as requested by such facility, as to whether or not the
  435  employee has qualified under level 1 or level 2 screening. An
  436  employee or prospective employee who has qualified under level 2
  437  screening and has maintained such continuous residency within
  438  the state shall not be required to complete a subsequent level 2
  439  screening as a condition of employment at another facility.
  440         (c) The agency shall establish and maintain a database of
  441  background screening information which shall include the results
  442  of both level 1 and level 2 screening. The Department of Law
  443  Enforcement shall timely provide to the agency, electronically,
  444  the results of each statewide screening for incorporation into
  445  the database. The agency shall, upon request from any facility,
  446  agency, or program required by or authorized by law to screen
  447  its employees or applicants, notify the administrator of the
  448  facility, agency, or program of the qualifying or disqualifying
  449  status of the employee or applicant named in the request.
  450         (d) Applicants and employees shall be excluded from
  451  employment pursuant to s. 435.06.
  452         (3) The applicant is responsible for paying the fees
  453  associated with obtaining the required screening. Payment for
  454  the screening shall be submitted to the agency. The agency shall
  455  establish a schedule of fees to cover the costs of level 1 and
  456  level 2 screening. Facilities may reimburse employees for these
  457  costs. The Department of Law Enforcement shall charge the agency
  458  for a level 1 or level 2 screening a rate sufficient to cover
  459  the costs of such screening pursuant to s. 943.053(3). The
  460  agency shall, as allowable, reimburse nursing facilities for the
  461  cost of conducting background screening as required by this
  462  section. This reimbursement will not be subject to any rate
  463  ceilings or payment targets in the Medicaid Reimbursement plan.
  464         (4)(a) As provided in s. 435.07, the agency may grant an
  465  exemption from disqualification to an employee or prospective
  466  employee who is subject to this section and who has not received
  467  a professional license or certification from the Department of
  468  Health.
  469         (b) As provided in s. 435.07, the appropriate regulatory
  470  board within the Department of Health, or that department itself
  471  when there is no board, may grant an exemption from
  472  disqualification to an employee or prospective employee who is
  473  subject to this section and who has received a professional
  474  license or certification from the Department of Health or a
  475  regulatory board within that department.
  476         (5) Any provision of law to the contrary notwithstanding,
  477  persons who have been screened and qualified as required by this
  478  section and who have not been unemployed for more than 180 days
  479  thereafter, and who under penalty of perjury attest to not
  480  having been convicted of a disqualifying offense since the
  481  completion of such screening, shall not be required to be
  482  rescreened. An employer may obtain, pursuant to s. 435.10,
  483  written verification of qualifying screening results from the
  484  previous employer or other entity which caused such screening to
  485  be performed.
  486         (6) The agency and the Department of Health shall have
  487  authority to adopt rules pursuant to the Administrative
  488  Procedure Act to implement this section.
  489         (7) All employees shall comply with the requirements of
  490  this section by October 1, 1998. No current employee of a
  491  nursing facility as of the effective date of this act shall be
  492  required to submit to rescreening if the nursing facility has in
  493  its possession written evidence that the person has been
  494  screened and qualified according to level 1 standards as
  495  specified in s. 435.03(1). Any current employee who meets the
  496  level 1 requirement but does not meet the 5-year residency
  497  requirement as specified in this section must provide to the
  498  employing nursing facility written attestation under penalty of
  499  perjury that the employee has not been convicted of a
  500  disqualifying offense in another state or jurisdiction. All
  501  applicants hired on or after October 1, 1998, shall comply with
  502  the requirements of this section.
  503         (8) There is no monetary or unemployment liability on the
  504  part of, and no cause of action for damages arising against an
  505  employer that, upon notice of a disqualifying offense listed
  506  under chapter 435 or an act of domestic violence, terminates the
  507  employee against whom the report was issued, whether or not the
  508  employee has filed for an exemption with the Department of
  509  Health or the Agency for Health Care Administration.
  510         Section 7. Subsection (9) of section 400.506, Florida
  511  Statutes, is amended to read:
  512         400.506 Licensure of nurse registries; requirements;
  513  penalties.—
  514         (9) Each nurse registry must comply with the background
  515  screening requirements procedures set forth in s. 400.512 for
  516  maintaining records of the work history of all persons referred
  517  for contract and is subject to the standards and conditions set
  518  forth in that section. However, an initial screening may not be
  519  required for persons who have been continuously registered with
  520  the nurse registry since October 1, 2000.
  521         Section 8. Section 400.512, Florida Statutes, is amended to
  522  read:
  523         400.512 Screening of home health agency personnel; nurse
  524  registry personnel and contractors; and companions and
  525  homemakers.—The agency, registry, or service shall require level
  526  2 background screening for employees or contractors as required
  527  in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809
  528  employment or contractor screening as provided in chapter 435,
  529  using the level 1 standards for screening set forth in that
  530  chapter, for home health agency personnel; persons referred for
  531  employment by nurse registries; and persons employed by
  532  companion or homemaker services registered under s. 400.509.
  533         (1)(a) The Agency for Health Care Administration may, upon
  534  request, grant exemptions from disqualification from employment
  535  or contracting under this section as provided in s. 435.07,
  536  except for health care practitioners licensed by the Department
  537  of Health or a regulatory board within that department.
  538         (b) The appropriate regulatory board within the Department
  539  of Health, or that department itself when there is no board,
  540  may, upon request of the licensed health care practitioner,
  541  grant exemptions from disqualification from employment or
  542  contracting under this section as provided in s. 435.07.
  543         (2) The administrator of each home health agency, the
  544  managing employee of each nurse registry, and the managing
  545  employee of each companion or homemaker service registered under
  546  s. 400.509 must sign an affidavit annually, under penalty of
  547  perjury, stating that all personnel hired or contracted with or
  548  registered on or after October 1, 2000, who enter the home of a
  549  patient or client in their service capacity have been screened.
  550         (3) As a prerequisite to operating as a home health agency,
  551  nurse registry, or companion or homemaker service under s.
  552  400.509, the administrator or managing employee, respectively,
  553  must submit to the agency his or her name and any other
  554  information necessary to conduct a complete screening according
  555  to this section. The agency shall submit the information to the
  556  Department of Law Enforcement for state processing. The agency
  557  shall review the record of the administrator or manager with
  558  respect to the offenses specified in this section and shall
  559  notify the owner of its findings. If disposition information is
  560  missing on a criminal record, the administrator or manager, upon
  561  request of the agency, must obtain and supply within 30 days the
  562  missing disposition information to the agency. Failure to supply
  563  missing information within 30 days or to show reasonable efforts
  564  to obtain such information will result in automatic
  565  disqualification.
  566         (4) Proof of compliance with the screening requirements of
  567  chapter 435 shall be accepted in lieu of the requirements of
  568  this section if the person has been continuously employed or
  569  registered without a breach in service that exceeds 180 days,
  570  the proof of compliance is not more than 2 years old, and the
  571  person has been screened by the Department of Law Enforcement. A
  572  home health agency, nurse registry, or companion or homemaker
  573  service registered under s. 400.509 shall directly provide proof
  574  of compliance to another home health agency, nurse registry, or
  575  companion or homemaker service registered under s. 400.509. The
  576  recipient home health agency, nurse registry, or companion or
  577  homemaker service registered under s. 400.509 may not accept any
  578  proof of compliance directly from the person who requires
  579  screening. Proof of compliance with the screening requirements
  580  of this section shall be provided upon request to the person
  581  screened by the home health agencies; nurse registries; or
  582  companion or homemaker services registered under s. 400.509.
  583         (5) There is no monetary liability on the part of, and no
  584  cause of action for damages arises against, a licensed home
  585  health agency, licensed nurse registry, or companion or
  586  homemaker service registered under s. 400.509, that, upon notice
  587  that the employee or contractor has been found guilty of,
  588  regardless of adjudication, or entered a plea of nolo contendere
  589  or guilty to, any offense prohibited under s. 435.03 or under
  590  any similar statute of another jurisdiction, terminates the
  591  employee or contractor, whether or not the employee or
  592  contractor has filed for an exemption with the agency in
  593  accordance with chapter 435 and whether or not the time for
  594  filing has expired.
  595         (6) The costs of processing the statewide correspondence
  596  criminal records checks must be borne by the home health agency;
  597  the nurse registry; or the companion or homemaker service
  598  registered under s. 400.509, or by the person being screened, at
  599  the discretion of the home health agency, nurse registry, or s.
  600  400.509 registrant.
  601         Section 9. Section 400.6065, Florida Statutes, is amended
  602  to read:
  603         400.6065 Background screening.—The agency shall require
  604  level 2 background employment or contractor screening for
  605  personnel as required in s. 408.809(1)(e) pursuant to chapter
  606  435 and s. 408.809 as provided in chapter 435, using the level 1
  607  standards for screening set forth in that chapter, for hospice
  608  personnel.
  609         Section 10. Subsection (2) of section 400.801, Florida
  610  Statutes, is amended to read:
  611         400.801 Homes for special services.—
  612         (2)(a) The requirements of part II of chapter 408 apply to
  613  the provision of services that require licensure pursuant to
  614  this section and part II of chapter 408 and entities licensed by
  615  or applying for such licensure from the agency pursuant to this
  616  section. A license issued by the agency is required in order to
  617  operate a home for special services in this state.
  618         (b) The agency shall require level 2 background screening
  619  for personnel as required in s. 408.809(1)(e) pursuant to
  620  chapter 435 and s. 408.809.
  621         Section 11. Paragraph (d) is added to subsection (2) of
  622  section 400.805, Florida Statutes, to read:
  623         400.805 Transitional living facilities.—
  624         (2)
  625         (d) The agency shall require level 2 background screening
  626  for personnel as required in s. 408.809(1)(e) pursuant to
  627  chapter 435 and s. 408.809.
  628         Section 12. Section 400.9065, Florida Statutes, is created
  629  to read:
  630         400.9065 Background screening.—The agency shall require
  631  level 2 background screening for personnel as required in s.
  632  408.809(1)(e) pursuant to chapter 435 and s. 408.809.
  633         Section 13. Subsection (16) of section 400.934, Florida
  634  Statutes, is amended to read:
  635         400.934 Minimum standards.—As a requirement of licensure,
  636  home medical equipment providers shall:
  637         (16) Establish procedures for maintaining a record of the
  638  employment history, including background screening as required
  639  by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
  640  medical equipment provider personnel. A home medical equipment
  641  provider must require its personnel to submit an employment
  642  history to the home medical equipment provider and must verify
  643  the employment history for at least the previous 5 years, unless
  644  through diligent efforts such verification is not possible.
  645  There is no monetary liability on the part of, and no cause of
  646  action for damages arising against a former employer, a
  647  prospective employee, or a prospective independent contractor
  648  with a licensed home medical equipment provider, who reasonably
  649  and in good faith communicates his or her honest opinions about
  650  a former employee’s job performance. This subsection does not
  651  affect the official immunity of an officer or employee of a
  652  public corporation.
  653         Section 14. Section 400.953, Florida Statutes, is amended
  654  to read:
  655         400.953 Background screening of home medical equipment
  656  provider personnel.—The agency shall require level 2 background
  657  screening for personnel as required in s. 408.809(1)(e) pursuant
  658  to chapter 435 and s. 408.809 employment screening as provided
  659  in chapter 435, using the level 1 standards for screening set
  660  forth in that chapter, for home medical equipment provider
  661  personnel.
  662         (1) The agency may grant exemptions from disqualification
  663  from employment under this section as provided in s. 435.07.
  664         (2) The general manager of each home medical equipment
  665  provider must sign an affidavit annually, under penalty of
  666  perjury, stating that all home medical equipment provider
  667  personnel hired on or after July 1, 1999, who enter the home of
  668  a patient in the capacity of their employment have been screened
  669  and that its remaining personnel have worked for the home
  670  medical equipment provider continuously since before July 1,
  671  1999.
  672         (3) Proof of compliance with the screening requirements of
  673  s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
  674  s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
  675  must be accepted in lieu of the requirements of this section if
  676  the person has been continuously employed in the same type of
  677  occupation for which he or she is seeking employment without a
  678  breach in service that exceeds 180 days, the proof of compliance
  679  is not more than 2 years old, and the person has been screened
  680  by the Department of Law Enforcement. An employer or contractor
  681  shall directly provide proof of compliance to another employer
  682  or contractor, and a potential employer or contractor may not
  683  accept any proof of compliance directly from the person
  684  requiring screening. Proof of compliance with the screening
  685  requirements of this section shall be provided, upon request, to
  686  the person screened by the home medical equipment provider.
  687         (4) There is no monetary liability on the part of, and no
  688  cause of action for damages arising against, a licensed home
  689  medical equipment provider that, upon notice that an employee
  690  has been found guilty of, regardless of adjudication, or entered
  691  a plea of nolo contendere or guilty to, any offense prohibited
  692  under s. 435.03 or under any similar statute of another
  693  jurisdiction, terminates the employee, whether or not the
  694  employee has filed for an exemption with the agency and whether
  695  or not the time for filing has expired.
  696         (5) The costs of processing the statewide correspondence
  697  criminal records checks must be borne by the home medical
  698  equipment provider or by the person being screened, at the
  699  discretion of the home medical equipment provider.
  700         (6) Neither the agency nor the home medical equipment
  701  provider may use the criminal records or juvenile records of a
  702  person for any purpose other than determining whether that
  703  person meets minimum standards of good moral character for home
  704  medical equipment provider personnel.
  705         (7)(a) It is a misdemeanor of the first degree, punishable
  706  as provided in s. 775.082 or s. 775.083, for any person
  707  willfully, knowingly, or intentionally to:
  708         1. Fail, by false statement, misrepresentation,
  709  impersonation, or other fraudulent means, to disclose in any
  710  application for paid employment a material fact used in making a
  711  determination as to the person’s qualifications to be an
  712  employee under this section;
  713         2. Operate or attempt to operate an entity licensed under
  714  this part with persons who do not meet the minimum standards for
  715  good moral character as contained in this section; or
  716         3. Use information from the criminal records obtained under
  717  this section for any purpose other than screening that person
  718  for employment as specified in this section, or release such
  719  information to any other person for any purpose other than
  720  screening for employment under this section.
  721         (b) It is a felony of the third degree, punishable as
  722  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  723  person willfully, knowingly, or intentionally to use information
  724  from the juvenile records of a person obtained under this
  725  section for any purpose other than screening for employment
  726  under this section.
  727         Section 15. Section 400.955, Florida Statutes, is repealed.
  728         Section 16. Section 400.964, Florida Statutes, is amended
  729  to read:
  730         400.964 Personnel screening requirement.—
  731         (1) The agency shall require level 2 background screening
  732  for personnel as required in s. 408.809(1)(e) pursuant to
  733  chapter 435 and s. 408.809 as provided in chapter 435 for all
  734  employees or prospective employees of facilities licensed under
  735  this part who are expected to be, or whose responsibilities are
  736  such that they would be considered to be, a direct service
  737  provider.
  738         (2) Employers and employees shall comply with the
  739  requirements of chapter 435.
  740         (3) Applicants and employees shall be excluded from
  741  employment pursuant to s. 435.06.
  742         (4) The applicant is responsible for paying the fees
  743  associated with obtaining the required screening. Payment for
  744  the screening must be submitted to the agency as prescribed by
  745  the agency.
  746         (5) Notwithstanding any other provision of law, persons who
  747  have been screened and qualified as required by this section and
  748  who have not been unemployed for more than 180 days thereafter,
  749  and who under penalty of perjury attest to not having been
  750  convicted of a disqualifying offense since the completion of
  751  such screening are not required to be rescreened. An employer
  752  may obtain, pursuant to s. 435.10, written verification of
  753  qualifying screening results from the previous employer or other
  754  entity that caused such screening to be performed.
  755         (6) The agency may adopt rules to administer this section.
  756         (7) All employees must comply with the requirements of this
  757  section by October 1, 2000. A person employed by a facility
  758  licensed pursuant to this part as of the effective date of this
  759  act is not required to submit to rescreening if the facility has
  760  in its possession written evidence that the person has been
  761  screened and qualified according to level 1 standards as
  762  specified in s. 435.03. Any current employee who meets the level
  763  1 requirement but does not meet the 5-year residency requirement
  764  must provide to the employing facility written attestation under
  765  penalty of perjury that the employee has not been convicted of a
  766  disqualifying offense in another state or jurisdiction. All
  767  applicants hired on or after October 1, 1999, must comply with
  768  the requirements of this section.
  769         (8) There is no monetary or unemployment liability on the
  770  part of, and no cause of action for damages arises against an
  771  employer that, upon notice of a disqualifying offense listed
  772  under chapter 435 or an act of domestic violence, terminates the
  773  employee, whether or not the employee has filed for an exemption
  774  with the Department of Health or the Agency for Health Care
  775  Administration.
  776         Section 17. Subsection (3) of section 400.980, Florida
  777  Statutes, is amended to read:
  778         400.980 Health care services pools.—
  779         (3) Upon receipt of a completed, signed, and dated
  780  application, The agency shall require level 2 background
  781  screening for personnel as required in s. 408.809(1)(e) pursuant
  782  to chapter 435 and s. 408.809, in accordance with the level 1
  783  standards for screening set forth in chapter 435, of every
  784  individual who will have contact with patients.
  785         Section 18. Subsection (5) of section 400.991, Florida
  786  Statutes, is amended to read:
  787         400.991 License requirements; background screenings;
  788  prohibitions.—
  789         (5) Each applicant for licensure shall comply with the
  790  following requirements:
  791         (a) As used in this subsection, the term “applicant” means
  792  individuals owning or controlling, directly or indirectly, 5
  793  percent or more of an interest in a clinic; the medical or
  794  clinic director, or a similarly titled person who is responsible
  795  for the day-to-day operation of the licensed clinic; the
  796  financial officer or similarly titled individual who is
  797  responsible for the financial operation of the clinic; and
  798  licensed health care practitioners at the clinic.
  799         (b) Upon receipt of a completed, signed, and dated
  800  application, The agency shall require level 2 background
  801  screening for applicants and personnel as required in s.
  802  408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
  803  applicant, in accordance with the level 2 standards for
  804  screening set forth in chapter 435. Proof of compliance with the
  805  level 2 background screening requirements of chapter 435 which
  806  has been submitted within the previous 5 years in compliance
  807  with any other health care licensure requirements of this state
  808  is acceptable in fulfillment of this paragraph. Applicants who
  809  own less than 10 percent of a health care clinic are not
  810  required to submit fingerprints under this section.
  811         (c) Each applicant must submit to the agency, with the
  812  application, a description and explanation of any exclusions,
  813  permanent suspensions, or terminations of an applicant from the
  814  Medicare or Medicaid programs. Proof of compliance with the
  815  requirements for disclosure of ownership and control interest
  816  under the Medicaid or Medicare programs may be accepted in lieu
  817  of this submission. The description and explanation may indicate
  818  whether such exclusions, suspensions, or terminations were
  819  voluntary or not voluntary on the part of the applicant.
  820         (d) A license may not be granted to a clinic if the
  821  applicant has been found guilty of, regardless of adjudication,
  822  or has entered a plea of nolo contendere or guilty to, any
  823  offense prohibited under the level 2 standards for screening set
  824  forth in chapter 435, or a violation of insurance fraud under s.
  825  817.234, within the past 5 years. If the applicant has been
  826  convicted of an offense prohibited under the level 2 standards
  827  or insurance fraud in any jurisdiction, the applicant must show
  828  that his or her civil rights have been restored prior to
  829  submitting an application.
  830         Section 19. Paragraph (h) is added to subsection (1) of
  831  section 408.806, Florida Statutes, to read:
  832         408.806 License application process.—
  833         (1) An application for licensure must be made to the agency
  834  on forms furnished by the agency, submitted under oath, and
  835  accompanied by the appropriate fee in order to be accepted and
  836  considered timely. The application must contain information
  837  required by authorizing statutes and applicable rules and must
  838  include:
  839         (h)An affidavit, under penalty of perjury, as required in
  840  s. 435.05(3), stating compliance with the provisions of this
  841  section and chapter 435.
  842         Section 20. Subsection (2) of section 408.808, Florida
  843  Statutes, is amended to read:
  844         408.808 License categories.—
  845         (2) PROVISIONAL LICENSE.—A provisional license may be
  846  issued to an applicant pursuant to s. 408.809(3). An applicant
  847  against whom a proceeding denying or revoking a license is
  848  pending at the time of license renewal may be issued a
  849  provisional license effective until final action not subject to
  850  further appeal. A provisional license may also be issued to an
  851  applicant applying for a change of ownership. A provisional
  852  license shall be limited in duration to a specific period of
  853  time, not to exceed 12 months, as determined by the agency.
  854         Section 21. Section 408.809, Florida Statutes, is amended
  855  to read:
  856         408.809 Background screening; prohibited offenses.—
  857         (1) Level 2 background screening pursuant to chapter 435
  858  must be conducted through the agency on each of the following
  859  persons, who shall be considered an employee for the purposes of
  860  conducting screening under chapter 435:
  861         (a) The licensee, if an individual.
  862         (b) The administrator or a similarly titled person who is
  863  responsible for the day-to-day operation of the provider.
  864         (c) The financial officer or similarly titled individual
  865  who is responsible for the financial operation of the licensee
  866  or provider.
  867         (d) Any person who is a controlling interest if the agency
  868  has reason to believe that such person has been convicted of any
  869  offense prohibited by s. 435.04. For each controlling interest
  870  who has been convicted of any such offense, the licensee shall
  871  submit to the agency a description and explanation of the
  872  conviction at the time of license application.
  873         (e) Any person, as required by authorizing statutes,
  874  seeking employment with a licensee or provider who is expected
  875  to, or whose responsibilities may require him or her to, provide
  876  personal care or services directly to clients or have access to
  877  client funds, personal property, or living areas; and any
  878  person, as required by authorizing statutes, contracting with a
  879  licensee or provider whose responsibilities require him or her
  880  to provide personal care or personal services directly to
  881  clients. Evidence of contractor screening may be retained by the
  882  contractor’s employer or the licensee.
  883         (2) Every 5 years following his or her licensure,
  884  employment, or entry into a contract in a capacity that under
  885  subsection (1) would require level 2 background screening under
  886  chapter 435, each such person must submit to level 2 background
  887  rescreening as a condition of retaining such license or
  888  continuing in such employment or contractual status. For any
  889  such rescreening, the agency shall request the Department of Law
  890  Enforcement to forward the person’s fingerprints to the Federal
  891  Bureau of Investigation for a national criminal history record
  892  check. If the fingerprints of such a person are not retained by
  893  the Department of Law Enforcement under s. 943.05(2)(g), the
  894  person must file a complete set of fingerprints with the agency
  895  and the agency shall forward the fingerprints to the Department
  896  of Law Enforcement for state processing, and the Department of
  897  Law Enforcement shall forward the fingerprints to the Federal
  898  Bureau of Investigation for a national criminal history record
  899  check. The fingerprints may be retained by the Department of Law
  900  Enforcement under s. 943.05(2)(g). The cost of the state and
  901  national criminal history records checks required by level 2
  902  screening may be borne by the licensee or the person
  903  fingerprinted. Proof of compliance with level 2 screening
  904  standards submitted within the previous 5 years to meet any
  905  provider or professional licensure requirements of the agency,
  906  the Department of Health, the Agency for Persons with
  907  Disabilities, or the Department of Children and Family Services,
  908  or the Department of Financial Services for an applicant for a
  909  certificate of authority or provisional certificate of authority
  910  to operate a continuing care retirement community under chapter
  911  651 satisfies the requirements of this section, provided that
  912  the person subject to screening has not been unemployed for more
  913  than 90 days and such proof is accompanied, under penalty of
  914  perjury, by an affidavit of compliance with the provisions of
  915  chapter 435 and this section using forms provided by the agency.
  916  Proof of compliance with the background screening requirements
  917  of the Department of Financial Services submitted within the
  918  previous 5 years for an applicant for a certificate of authority
  919  to operate a continuing care retirement community under chapter
  920  651 satisfies the Department of Law Enforcement and Federal
  921  Bureau of Investigation portions of a level 2 background check.
  922         (3) All fingerprints must be provided in electronic format.
  923  Screening results shall be reviewed by the agency with respect
  924  to the offenses specified in s. 435.04 and this section, and the
  925  qualifying or disqualifying status of the person named in the
  926  request shall be maintained in a database. The qualifying or
  927  disqualifying status of the person named in the request shall be
  928  posted on a secure website for retrieval by the licensee or
  929  designated agent on the licensee’s behalf. A provisional license
  930  may be granted to an applicant when each individual required by
  931  this section to undergo background screening has met the
  932  standards for the Department of Law Enforcement background check
  933  but the agency has not yet received background screening results
  934  from the Federal Bureau of Investigation. A standard license may
  935  be granted to the licensee upon the agency’s receipt of a report
  936  of the results of the Federal Bureau of Investigation background
  937  screening for each individual required by this section to
  938  undergo background screening that confirms that all standards
  939  have been met or upon the granting of an exemption from
  940  disqualification by the agency as set forth in chapter 435.
  941         (4) When a person is newly employed in a capacity that
  942  requires screening under this section, the licensee must notify
  943  the agency of the change within the time period specified in the
  944  authorizing statute or rules and must submit to the agency
  945  information necessary to conduct level 2 screening or provide
  946  evidence of compliance with background screening requirements of
  947  this section. The person may serve in his or her capacity
  948  pending the agency’s receipt of the report from the Federal
  949  Bureau of Investigation if he or she has met the standards for
  950  the Department of Law Enforcement background check. However, the
  951  person may not continue to serve in his or her capacity if the
  952  report indicates any violation of background screening standards
  953  unless an exemption from disqualification has been granted by
  954  the agency as set forth in chapter 435.
  955         (4)(5)Effective October 1, 2009, In addition to the
  956  offenses listed in s. ss. 435.03 and 435.04, all persons
  957  required to undergo background screening pursuant to this part
  958  or authorizing statutes must not have an arrest awaiting final
  959  disposition for, must not have been found guilty of, regardless
  960  of adjudication, or entered a plea of nolo contendere or guilty
  961  to, and must not have been adjudicated delinquent and the record
  962  not have been sealed or expunged for any of the following
  963  offenses or any similar offense of another jurisdiction:
  964         (a) Any authorizing statutes, if the offense was a felony.
  965         (b) This chapter, if the offense was a felony.
  966         (c) Section 409.920, relating to Medicaid provider fraud,
  967  if the offense was a felony.
  968         (d) Section 409.9201, relating to Medicaid fraud, if the
  969  offense was a felony.
  970         (e) Section 741.28, relating to domestic violence.
  971         (f) Chapter 784, relating to assault, battery, and culpable
  972  negligence, if the offense was a felony.
  973         (g) Section 810.02, relating to burglary.
  974         (f)(h) Section 817.034, relating to fraudulent acts through
  975  mail, wire, radio, electromagnetic, photoelectronic, or
  976  photooptical systems.
  977         (g)(i) Section 817.234, relating to false and fraudulent
  978  insurance claims.
  979         (h)(j) Section 817.505, relating to patient brokering.
  980         (i)(k) Section 817.568, relating to criminal use of
  981  personal identification information.
  982         (j)(l) Section 817.60, relating to obtaining a credit card
  983  through fraudulent means.
  984         (k)(m) Section 817.61, relating to fraudulent use of credit
  985  cards, if the offense was a felony.
  986         (l)(n) Section 831.01, relating to forgery.
  987         (m)(o) Section 831.02, relating to uttering forged
  988  instruments.
  989         (n)(p) Section 831.07, relating to forging bank bills,
  990  checks, drafts, or promissory notes.
  991         (o)(q) Section 831.09, relating to uttering forged bank
  992  bills, checks, drafts, or promissory notes.
  993         (p)(r) Section 831.30, relating to fraud in obtaining
  994  medicinal drugs.
  995         (q)(s) Section 831.31, relating to the sale, manufacture,
  996  delivery, or possession with the intent to sell, manufacture, or
  997  deliver any counterfeit controlled substance, if the offense was
  998  a felony.
  999  
 1000  A person who serves as a controlling interest of, or is employed
 1001  by, or contracts with a licensee on July 31, 2010 September 30,
 1002  2009, who has been screened and qualified according to standards
 1003  specified in s. 435.03 or s. 435.04 must be rescreened by July
 1004  31, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
 1005  and 120.54 to establish a schedule to stagger the implementation
 1006  of the required rescreening over the 5-year period, beginning
 1007  July 31, 2010, through July 31, 2015. If, upon rescreening, is
 1008  not required by law to submit to rescreening if that licensee
 1009  has in its possession written evidence that the person has been
 1010  screened and qualified according to the standards specified in
 1011  s. 435.03 or s. 435.04. However, if such person has a
 1012  disqualifying offense that was not a disqualifying offense at
 1013  the time of the last screening, but is a current disqualifying
 1014  offense and was committed prior to the last screening listed in
 1015  this section, he or she may apply for an exemption from the
 1016  appropriate licensing agency before September 30, 2009, and, if
 1017  agreed to by the employer, may continue to perform his or her
 1018  duties until the licensing agency renders a decision on the
 1019  application for exemption as long as the person is eligible to
 1020  apply for an exemption and the exemption request is received by
 1021  the agency within 30 days after receipt of the rescreening
 1022  results by the person for offenses listed in this section.
 1023  Exemptions from disqualification may be granted pursuant to s.
 1024  435.07.
 1025         (5)(6)The costs associated with obtaining the required
 1026  screening must be borne either by the licensee or the person
 1027  subject to screening. Licensees may reimburse persons for these
 1028  costs. The Department of Law Enforcement shall charge the agency
 1029  for screening pursuant to s. 943.053(3). The agency shall
 1030  establish a schedule of fees to cover the costs of screening The
 1031  attestations required under ss. 435.04(5) and 435.05(3) must be
 1032  submitted at the time of license renewal, notwithstanding the
 1033  provisions of ss. 435.04(5) and 435.05(3) which require annual
 1034  submission of an affidavit of compliance with background
 1035  screening requirements.
 1036         (6)(a) As provided in chapter 435, the agency may grant an
 1037  exemption from disqualification to a person who is subject to
 1038  this section and who has not received a professional license or
 1039  certification from the Department of Health if that person is
 1040  providing a service that is within the scope of his or her
 1041  licensed or certified practice.
 1042         (b) As provided in chapter 435, the appropriate regulatory
 1043  board within the Department of Health, or the department itself
 1044  when there is no board, may grant an exemption from
 1045  disqualification to a person who is subject to this section and
 1046  who has received a professional license or certification from
 1047  the Department of Health or a regulatory board within that
 1048  department and that person is providing a service within the
 1049  scope of his or her licensed or certified practice.
 1050         (7) The agency and the Department of Health may adopt rules
 1051  pursuant to ss. 120.536(1) and 120.54 to implement this section,
 1052  chapter 435, and authorizing statutes requiring background
 1053  screening and to implement and adopt criteria relating to
 1054  retaining fingerprints pursuant to s. 943.05(2).
 1055         (8) There is no unemployment compensation or other monetary
 1056  liability on the part of, and no cause of action for damages
 1057  arising against, an employer that, upon notice of a
 1058  disqualifying offense listed under chapter 435 or this section,
 1059  terminates the person against whom the report was issued,
 1060  whether or not that person has filed for an exemption with the
 1061  Department of Health or the agency.
 1062         Section 22. Subsection (3) of section 402.302, Florida
 1063  Statutes, is amended to read:
 1064         402.302 Definitions.—
 1065         (3) “Child care personnel” means all owners, operators,
 1066  employees, and volunteers working in a child care facility. The
 1067  term does not include persons who work in a child care facility
 1068  after hours when children are not present or parents of children
 1069  in a child care facility Head Start. For purposes of screening,
 1070  the term includes any member, over the age of 12 years, of a
 1071  child care facility operator’s family, or person, over the age
 1072  of 12 years, residing with a child care facility operator if the
 1073  child care facility is located in or adjacent to the home of the
 1074  operator or if the
 1075  family member of, or person residing with, the child care
 1076  facility operator has any direct contact with the children in
 1077  the facility during its hours of operation. Members of the
 1078  operator’s family or persons residing with the operator who are
 1079  between the ages of 12 years and 18 years shall not be required
 1080  to be fingerprinted but shall be screened for delinquency
 1081  records. For purposes of screening, the term shall also include
 1082  persons who work in child care programs which provide care for
 1083  children 15 hours or more each week in public or nonpublic
 1084  schools, summer day camps, family day care homes, or those
 1085  programs otherwise exempted under s. 402.316. The term does not
 1086  include public or nonpublic school personnel who are providing
 1087  care during regular school hours, or after hours for activities
 1088  related to a school’s program for grades kindergarten through
 1089  12. A volunteer who assists on an intermittent basis for less
 1090  than 10 40 hours per month is not included in the term
 1091  “personnel” for the purposes of screening and training, provided
 1092  a person who meets the screening requirement of s. 402.305(2) is
 1093  always present and has the volunteer in his or her line of sight
 1094  that the volunteer is under direct and constant supervision by
 1095  persons who meet the personnel requirements of s. 402.305(2).
 1096  Students who observe and participate in a child care facility as
 1097  a part of their required coursework shall not be considered
 1098  child care personnel, provided such observation and
 1099  participation are on an intermittent basis and a person who
 1100  meets the screening requirement of s. 402.305(2) is always
 1101  present and has the student in his or her line of sight the
 1102  students are under direct and constant supervision of child care
 1103  personnel.
 1104         Section 23. Paragraphs (i) and (k) of subsection (2) of
 1105  section 409.175, Florida Statutes, are amended, present
 1106  paragraphs (b) and (c) of subsection (5) of that section are
 1107  redesignated as paragraphs (c) and (d), respectively, and a new
 1108  paragraph (b) is added to that section to read:
 1109         409.175 Licensure of family foster homes, residential
 1110  child-caring agencies, and child-placing agencies; public
 1111  records exemption.—
 1112         (2) As used in this section, the term:
 1113         (i) “Personnel” means all owners, operators, employees, and
 1114  volunteers working in a child-placing agency, family foster
 1115  home, or residential child-caring agency who may be employed by
 1116  or do volunteer work for a person, corporation, or agency which
 1117  holds a license as a child-placing agency or a residential
 1118  child-caring agency, but the term does not include those who do
 1119  not work on the premises where child care is furnished and
 1120  either have no direct contact with a child or have no contact
 1121  with a child outside of the presence of the child’s parent or
 1122  guardian. For purposes of screening, the term shall include any
 1123  member, over the age of 12 years, of the family of the owner or
 1124  operator or any person other than a client, over the age of 12
 1125  years, residing with the owner or operator if the agency or
 1126  family foster home is located in or adjacent to the home of the
 1127  owner or operator or if the family member of, or person residing
 1128  with, the owner or operator has any direct contact with the
 1129  children. Members of the family of the owner or operator, or
 1130  persons residing with the owner or operator, who are between the
 1131  ages of 12 years and 18 years shall not be required to be
 1132  fingerprinted, but shall be screened for delinquency records.
 1133  For purposes of screening, the term “personnel” shall also
 1134  include owners, operators, employees, and volunteers working in
 1135  summer day camps, or summer 24-hour camps providing care for
 1136  children. A volunteer who assists on an intermittent basis for
 1137  less than 10 40 hours per month shall not be included in the
 1138  term “personnel” for the purposes of screening, provided a
 1139  person who meets the screening requirement of this section is
 1140  always present and has the volunteer in his or her line of sight
 1141  that the volunteer is under direct and constant supervision by
 1142  persons who meet the personnel requirements of this section.
 1143         (k) “Screening” means the act of assessing the background
 1144  of personnel and includes, but is not limited to, employment
 1145  history checks as provided in chapter 435, using the level 2
 1146  standards for screening set forth in that chapter. Screening for
 1147  employees and volunteers in summer day camps and summer 24-hour
 1148  camps and screening for all volunteers included under the
 1149  definition of “personnel” shall be conducted as provided in
 1150  chapter 435, using the level 1 standards set forth in that
 1151  chapter.
 1152         (5)
 1153         (b) The department shall randomly drug test a licensed
 1154  foster parent if there is a reasonable suspicion that he or she
 1155  is using illegal drugs. The cost of testing shall be paid by the
 1156  foster parent but shall be reimbursed by the department if the
 1157  test is negative. The department may adopt rules necessary to
 1158  administer this paragraph.
 1159         Section 24. Paragraph (i) of subsection (4) of section
 1160  409.221, Florida Statutes, is amended to read:
 1161         409.221 Consumer-directed care program.—
 1162         (4) CONSUMER-DIRECTED CARE.—
 1163         (i) Background screening requirements.—All persons who
 1164  render care under this section must undergo level 2 background
 1165  screening pursuant to chapter 435 shall comply with the
 1166  requirements of s. 435.05. Persons shall be excluded from
 1167  employment pursuant to s. 435.06.
 1168         1. Persons excluded from employment may request an
 1169  exemption from disqualification, as provided in s. 435.07.
 1170  Persons not subject to certification or professional licensure
 1171  may request an exemption from the agency. In considering a
 1172  request for an exemption, the agency shall comply with the
 1173  provisions of s. 435.07.
 1174         2. The agency shall, as allowable, reimburse consumer
 1175  employed caregivers for the cost of conducting background
 1176  screening as required by this section.
 1177  
 1178  For purposes of this section, a person who has undergone
 1179  screening, who is qualified for employment under this section
 1180  and applicable rule, and who has not been unemployed for more
 1181  than 90 180 days following such screening is not required to be
 1182  rescreened. Such person must attest under penalty of perjury to
 1183  not having been convicted of a disqualifying offense since
 1184  completing such screening.
 1185         Section 25. Subsection (8) of section 409.907, Florida
 1186  Statutes, is amended to read:
 1187         409.907 Medicaid provider agreements.—The agency may make
 1188  payments for medical assistance and related services rendered to
 1189  Medicaid recipients only to an individual or entity who has a
 1190  provider agreement in effect with the agency, who is performing
 1191  services or supplying goods in accordance with federal, state,
 1192  and local law, and who agrees that no person shall, on the
 1193  grounds of handicap, race, color, or national origin, or for any
 1194  other reason, be subjected to discrimination under any program
 1195  or activity for which the provider receives payment from the
 1196  agency.
 1197         (8)(a) Each provider, or each principal of the provider if
 1198  the provider is a corporation, partnership, association, or
 1199  other entity, seeking to participate in the Medicaid program
 1200  must submit a complete set of his or her fingerprints to the
 1201  agency for the purpose of conducting a criminal history record
 1202  check. Principals of the provider include any officer, director,
 1203  billing agent, managing employee, or affiliated person, or any
 1204  partner or shareholder who has an ownership interest equal to 5
 1205  percent or more in the provider. However, a director of a not
 1206  for-profit corporation or organization is not a principal for
 1207  purposes of a background investigation as required by this
 1208  section if the director: serves solely in a voluntary capacity
 1209  for the corporation or organization, does not regularly take
 1210  part in the day-to-day operational decisions of the corporation
 1211  or organization, receives no remuneration from the not-for
 1212  profit corporation or organization for his or her service on the
 1213  board of directors, has no financial interest in the not-for
 1214  profit corporation or organization, and has no family members
 1215  with a financial interest in the not-for-profit corporation or
 1216  organization; and if the director submits an affidavit, under
 1217  penalty of perjury, to this effect to the agency and the not
 1218  for-profit corporation or organization submits an affidavit,
 1219  under penalty of perjury, to this effect to the agency as part
 1220  of the corporation’s or organization’s Medicaid provider
 1221  agreement application. Notwithstanding the above, the agency may
 1222  require a background check for any person reasonably suspected
 1223  by the agency to have been convicted of a crime. This subsection
 1224  shall not apply to:
 1225         1. A hospital licensed under chapter 395;
 1226         2. A nursing home licensed under chapter 400;
 1227         3. A hospice licensed under chapter 400;
 1228         4. An assisted living facility licensed under chapter 429;
 1229         5. A unit of local government, except that requirements of
 1230  this subsection apply to nongovernmental providers and entities
 1231  when contracting with the local government to provide Medicaid
 1232  services. The actual cost of the state and national criminal
 1233  history record checks must be borne by the nongovernmental
 1234  provider or entity; or
 1235         6. Any business that derives more than 50 percent of its
 1236  revenue from the sale of goods to the final consumer, and the
 1237  business or its controlling parent either is required to file a
 1238  form 10-K or other similar statement with the Securities and
 1239  Exchange Commission or has a net worth of $50 million or more.
 1240         (b) Background screening shall be conducted in accordance
 1241  with chapter 435 and s. 408.809. The agency shall submit the
 1242  fingerprints to the Department of Law Enforcement. The
 1243  department shall conduct a state criminal-background
 1244  investigation and forward the fingerprints to the Federal Bureau
 1245  of Investigation for a national criminal-history record check.
 1246  The cost of the state and national criminal record check shall
 1247  be borne by the provider.
 1248         (c) The agency may permit a provider to participate in the
 1249  Medicaid program pending the results of the criminal record
 1250  check. However, such permission is fully revocable if the record
 1251  check reveals any crime-related history as provided in
 1252  subsection (10).
 1253         (c)(d) Proof of compliance with the requirements of level 2
 1254  screening under chapter 435 s. 435.04 conducted within 12 months
 1255  prior to the date that the Medicaid provider application is
 1256  submitted to the agency shall fulfill the requirements of this
 1257  subsection. Proof of compliance with the requirements of level 1
 1258  screening under s. 435.03 conducted within 12 months prior to
 1259  the date that the Medicaid provider application is submitted to
 1260  the agency shall meet the requirement that the Department of Law
 1261  Enforcement conduct a state criminal history record check.
 1262         Section 26. Paragraph (b) of subsection (48) of section
 1263  409.912, Florida Statutes, is amended to read:
 1264         409.912 Cost-effective purchasing of health care.—The
 1265  agency shall purchase goods and services for Medicaid recipients
 1266  in the most cost-effective manner consistent with the delivery
 1267  of quality medical care. To ensure that medical services are
 1268  effectively utilized, the agency may, in any case, require a
 1269  confirmation or second physician’s opinion of the correct
 1270  diagnosis for purposes of authorizing future services under the
 1271  Medicaid program. This section does not restrict access to
 1272  emergency services or poststabilization care services as defined
 1273  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 1274  shall be rendered in a manner approved by the agency. The agency
 1275  shall maximize the use of prepaid per capita and prepaid
 1276  aggregate fixed-sum basis services when appropriate and other
 1277  alternative service delivery and reimbursement methodologies,
 1278  including competitive bidding pursuant to s. 287.057, designed
 1279  to facilitate the cost-effective purchase of a case-managed
 1280  continuum of care. The agency shall also require providers to
 1281  minimize the exposure of recipients to the need for acute
 1282  inpatient, custodial, and other institutional care and the
 1283  inappropriate or unnecessary use of high-cost services. The
 1284  agency shall contract with a vendor to monitor and evaluate the
 1285  clinical practice patterns of providers in order to identify
 1286  trends that are outside the normal practice patterns of a
 1287  provider’s professional peers or the national guidelines of a
 1288  provider’s professional association. The vendor must be able to
 1289  provide information and counseling to a provider whose practice
 1290  patterns are outside the norms, in consultation with the agency,
 1291  to improve patient care and reduce inappropriate utilization.
 1292  The agency may mandate prior authorization, drug therapy
 1293  management, or disease management participation for certain
 1294  populations of Medicaid beneficiaries, certain drug classes, or
 1295  particular drugs to prevent fraud, abuse, overuse, and possible
 1296  dangerous drug interactions. The Pharmaceutical and Therapeutics
 1297  Committee shall make recommendations to the agency on drugs for
 1298  which prior authorization is required. The agency shall inform
 1299  the Pharmaceutical and Therapeutics Committee of its decisions
 1300  regarding drugs subject to prior authorization. The agency is
 1301  authorized to limit the entities it contracts with or enrolls as
 1302  Medicaid providers by developing a provider network through
 1303  provider credentialing. The agency may competitively bid single
 1304  source-provider contracts if procurement of goods or services
 1305  results in demonstrated cost savings to the state without
 1306  limiting access to care. The agency may limit its network based
 1307  on the assessment of beneficiary access to care, provider
 1308  availability, provider quality standards, time and distance
 1309  standards for access to care, the cultural competence of the
 1310  provider network, demographic characteristics of Medicaid
 1311  beneficiaries, practice and provider-to-beneficiary standards,
 1312  appointment wait times, beneficiary use of services, provider
 1313  turnover, provider profiling, provider licensure history,
 1314  previous program integrity investigations and findings, peer
 1315  review, provider Medicaid policy and billing compliance records,
 1316  clinical and medical record audits, and other factors. Providers
 1317  shall not be entitled to enrollment in the Medicaid provider
 1318  network. The agency shall determine instances in which allowing
 1319  Medicaid beneficiaries to purchase durable medical equipment and
 1320  other goods is less expensive to the Medicaid program than long
 1321  term rental of the equipment or goods. The agency may establish
 1322  rules to facilitate purchases in lieu of long-term rentals in
 1323  order to protect against fraud and abuse in the Medicaid program
 1324  as defined in s. 409.913. The agency may seek federal waivers
 1325  necessary to administer these policies.
 1326         (48)
 1327         (b) The agency shall limit its network of durable medical
 1328  equipment and medical supply providers. For dates of service
 1329  after January 1, 2009, the agency shall limit payment for
 1330  durable medical equipment and supplies to providers that meet
 1331  all the requirements of this paragraph.
 1332         1. Providers must be accredited by a Centers for Medicare
 1333  and Medicaid Services deemed accreditation organization for
 1334  suppliers of durable medical equipment, prosthetics, orthotics,
 1335  and supplies. The provider must maintain accreditation and is
 1336  subject to unannounced reviews by the accrediting organization.
 1337         2. Providers must provide the services or supplies directly
 1338  to the Medicaid recipient or caregiver at the provider location
 1339  or recipient’s residence or send the supplies directly to the
 1340  recipient’s residence with receipt of mailed delivery.
 1341  Subcontracting or consignment of the service or supply to a
 1342  third party is prohibited.
 1343         3. Notwithstanding subparagraph 2., a durable medical
 1344  equipment provider may store nebulizers at a physician’s office
 1345  for the purpose of having the physician’s staff issue the
 1346  equipment if it meets all of the following conditions:
 1347         a. The physician must document the medical necessity and
 1348  need to prevent further deterioration of the patient’s
 1349  respiratory status by the timely delivery of the nebulizer in
 1350  the physician’s office.
 1351         b. The durable medical equipment provider must have written
 1352  documentation of the competency and training by a Florida
 1353  licensed registered respiratory therapist of any durable medical
 1354  equipment staff who participate in the training of physician
 1355  office staff for the use of nebulizers, including cleaning,
 1356  warranty, and special needs of patients.
 1357         c. The physician’s office must have documented the training
 1358  and competency of any staff member who initiates the delivery of
 1359  nebulizers to patients. The durable medical equipment provider
 1360  must maintain copies of all physician office training.
 1361         d. The physician’s office must maintain inventory records
 1362  of stored nebulizers, including documentation of the durable
 1363  medical equipment provider source.
 1364         e. A physician contracted with a Medicaid durable medical
 1365  equipment provider may not have a financial relationship with
 1366  that provider or receive any financial gain from the delivery of
 1367  nebulizers to patients.
 1368         4. Providers must have a physical business location and a
 1369  functional landline business phone. The location must be within
 1370  the state or not more than 50 miles from the Florida state line.
 1371  The agency may make exceptions for providers of durable medical
 1372  equipment or supplies not otherwise available from other
 1373  enrolled providers located within the state.
 1374         5. Physical business locations must be clearly identified
 1375  as a business that furnishes durable medical equipment or
 1376  medical supplies by signage that can be read from 20 feet away.
 1377  The location must be readily accessible to the public during
 1378  normal, posted business hours and must operate no less than 5
 1379  hours per day and no less than 5 days per week, with the
 1380  exception of scheduled and posted holidays. The location may not
 1381  be located within or at the same numbered street address as
 1382  another enrolled Medicaid durable medical equipment or medical
 1383  supply provider or as an enrolled Medicaid pharmacy that is also
 1384  enrolled as a durable medical equipment provider. A licensed
 1385  orthotist or prosthetist that provides only orthotic or
 1386  prosthetic devices as a Medicaid durable medical equipment
 1387  provider is exempt from the provisions in this paragraph.
 1388         6. Providers must maintain a stock of durable medical
 1389  equipment and medical supplies on site that is readily available
 1390  to meet the needs of the durable medical equipment business
 1391  location’s customers.
 1392         7. Providers must provide a surety bond of $50,000 for each
 1393  provider location, up to a maximum of 5 bonds statewide or an
 1394  aggregate bond of $250,000 statewide, as identified by Federal
 1395  Employer Identification Number. Providers who post a statewide
 1396  or an aggregate bond must identify all of their locations in any
 1397  Medicaid durable medical equipment and medical supply provider
 1398  enrollment application or bond renewal. Each provider location’s
 1399  surety bond must be renewed annually and the provider must
 1400  submit proof of renewal even if the original bond is a
 1401  continuous bond. A licensed orthotist or prosthetist that
 1402  provides only orthotic or prosthetic devices as a Medicaid
 1403  durable medical equipment provider is exempt from the provisions
 1404  in this paragraph.
 1405         8. Providers must obtain a level 2 background screening, in
 1406  accordance with chapter 435 and s. 408.809 as provided under s.
 1407  435.04, for each provider employee in direct contact with or
 1408  providing direct services to recipients of durable medical
 1409  equipment and medical supplies in their homes. This requirement
 1410  includes, but is not limited to, repair and service technicians,
 1411  fitters, and delivery staff. The provider shall pay for the cost
 1412  of the background screening.
 1413         9. The following providers are exempt from the requirements
 1414  of subparagraphs 1. and 7.:
 1415         a. Durable medical equipment providers owned and operated
 1416  by a government entity.
 1417         b. Durable medical equipment providers that are operating
 1418  within a pharmacy that is currently enrolled as a Medicaid
 1419  pharmacy provider.
 1420         c. Active, Medicaid-enrolled orthopedic physician groups,
 1421  primarily owned by physicians, which provide only orthotic and
 1422  prosthetic devices.
 1423         Section 27. Subsection (12) is added to section 411.01,
 1424  Florida Statutes, to read:
 1425         411.01 School readiness programs; early learning
 1426  coalitions.—
 1427         (12) SUBSTITUTE INSTRUCTORS.—Each school district shall
 1428  make a list of all individuals currently eligible to act as a
 1429  substitute teacher within the county pursuant to the rules
 1430  adopted by the school district pursuant to s. 1012.35 available
 1431  to an early learning coalition serving students within the
 1432  school district. Child care facilities, as defined by s.
 1433  402.302, may employ individuals listed as substitute instructors
 1434  for the purpose of offering the school readiness program, the
 1435  Voluntary Prekindergarten Education Program, and all other
 1436  legally operating child care programs.
 1437         Section 28. Subsection (1) of section 429.14, Florida
 1438  Statutes, is amended to read:
 1439         429.14 Administrative penalties.—
 1440         (1) In addition to the requirements of part II of chapter
 1441  408, the agency may deny, revoke, and suspend any license issued
 1442  under this part and impose an administrative fine in the manner
 1443  provided in chapter 120 against a licensee of an assisted living
 1444  facility for a violation of any provision of this part, part II
 1445  of chapter 408, or applicable rules, or for any of the following
 1446  actions by a licensee of an assisted living facility, for the
 1447  actions of any person subject to level 2 background screening
 1448  under s. 408.809, or for the actions of any facility employee:
 1449         (a) An intentional or negligent act seriously affecting the
 1450  health, safety, or welfare of a resident of the facility.
 1451         (b) The determination by the agency that the owner lacks
 1452  the financial ability to provide continuing adequate care to
 1453  residents.
 1454         (c) Misappropriation or conversion of the property of a
 1455  resident of the facility.
 1456         (d) Failure to follow the criteria and procedures provided
 1457  under part I of chapter 394 relating to the transportation,
 1458  voluntary admission, and involuntary examination of a facility
 1459  resident.
 1460         (e) A citation of any of the following deficiencies as
 1461  specified in s. 429.19:
 1462         1. One or more cited class I deficiencies.
 1463         2. Three or more cited class II deficiencies.
 1464         3. Five or more cited class III deficiencies that have been
 1465  cited on a single survey and have not been corrected within the
 1466  times specified.
 1467         (f) Failure to comply with the A determination that a
 1468  person subject to level 2 background screening under s. 408.809
 1469  does not meet the screening standards of this part, s.
 1470  408.809(1), or chapter 435 s. 435.04 or that the facility is
 1471  retaining an employee subject to level 1 background screening
 1472  standards under s. 429.174 who does not meet the screening
 1473  standards of s. 435.03 and for whom exemptions from
 1474  disqualification have not been provided by the agency.
 1475         (g) A determination that an employee, volunteer,
 1476  administrator, or owner, or person who otherwise has access to
 1477  the residents of a facility does not meet the criteria specified
 1478  in s. 435.03(2), and the owner or administrator has not taken
 1479  action to remove the person. Exemptions from disqualification
 1480  may be granted as set forth in s. 435.07. No administrative
 1481  action may be taken against the facility if the person is
 1482  granted an exemption.
 1483         (g)(h) Violation of a moratorium.
 1484         (h)(i) Failure of the license applicant, the licensee
 1485  during relicensure, or a licensee that holds a provisional
 1486  license to meet the minimum license requirements of this part,
 1487  or related rules, at the time of license application or renewal.
 1488         (i)(j) An intentional or negligent life-threatening act in
 1489  violation of the uniform firesafety standards for assisted
 1490  living facilities or other firesafety standards that threatens
 1491  the health, safety, or welfare of a resident of a facility, as
 1492  communicated to the agency by the local authority having
 1493  jurisdiction or the State Fire Marshal.
 1494         (j)(k) Knowingly operating any unlicensed facility or
 1495  providing without a license any service that must be licensed
 1496  under this chapter or chapter 400.
 1497         (k)(l) Any act constituting a ground upon which application
 1498  for a license may be denied.
 1499         Section 29. Section 429.174, Florida Statutes, is amended
 1500  to read:
 1501         429.174 Background screening; exemptions.—The agency shall
 1502  require level 2 background screening for personnel as required
 1503  in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
 1504  owner or administrator of an assisted living facility must
 1505  conduct level 1 background screening, as set forth in chapter
 1506  435, on all employees hired on or after October 1, 1998, who
 1507  perform personal services as defined in s. 429.02(16). The
 1508  agency may exempt an individual from employment disqualification
 1509  as set forth in chapter 435. Such persons shall be considered as
 1510  having met this requirement if:
 1511         (1) Proof of compliance with level 1 screening requirements
 1512  obtained to meet any professional license requirements in this
 1513  state is provided and accompanied, under penalty of perjury, by
 1514  a copy of the person’s current professional license and an
 1515  affidavit of current compliance with the background screening
 1516  requirements.
 1517         (2) The person required to be screened has been
 1518  continuously employed in the same type of occupation for which
 1519  the person is seeking employment without a breach in service
 1520  which exceeds 180 days, and proof of compliance with the level 1
 1521  screening requirement which is no more than 2 years old is
 1522  provided. Proof of compliance shall be provided directly from
 1523  one employer or contractor to another, and not from the person
 1524  screened. Upon request, a copy of screening results shall be
 1525  provided by the employer retaining documentation of the
 1526  screening to the person screened.
 1527         (3) The person required to be screened is employed by a
 1528  corporation or business entity or related corporation or
 1529  business entity that owns, operates, or manages more than one
 1530  facility or agency licensed under this chapter, and for whom a
 1531  level 1 screening was conducted by the corporation or business
 1532  entity as a condition of initial or continued employment.
 1533         Section 30. Subsection (4) of section 429.67, Florida
 1534  Statutes, is amended to read:
 1535         429.67 Licensure.—
 1536         (4) Upon receipt of a completed license application or
 1537  license renewal, and the fee, The agency shall require level 2
 1538  initiate a level 1 background screening for personnel as
 1539  required in s. 408.809(1)(e), including as provided under
 1540  chapter 435 on the adult family-care home provider, the
 1541  designated relief person, and all adult household members,
 1542  pursuant to chapter 435 and s. 408.809, and all staff members.
 1543         (a) Proof of compliance with level 1 screening standards
 1544  which has been submitted within the previous 5 years to meet any
 1545  facility or professional licensure requirements of the agency or
 1546  the Department of Health satisfies the requirements of this
 1547  subsection. Such proof must be accompanied, under penalty of
 1548  perjury, by a copy of the person’s current professional license
 1549  and an affidavit of current compliance with the background
 1550  screening requirements.
 1551         (b) The person required to be screened must have been
 1552  continuously employed in the same type of occupation for which
 1553  the person is seeking employment without a breach in service
 1554  that exceeds 180 days, and proof of compliance with the level 1
 1555  screening requirement which is no more than 2 years old must be
 1556  provided. Proof of compliance shall be provided directly from
 1557  one employer or contractor to another, and not from the person
 1558  screened. Upon request, a copy of screening results shall be
 1559  provided to the person screened by the employer retaining
 1560  documentation of the screening.
 1561         Section 31. Section 429.69, Florida Statutes, is amended to
 1562  read:
 1563         429.69 Denial, revocation, and suspension of a license.—In
 1564  addition to the requirements of part II of chapter 408, the
 1565  agency may deny, suspend, and revoke a license for any of the
 1566  following reasons:
 1567         (1) Failure to comply with the of any of the persons
 1568  required to undergo background screening standards of this part,
 1569  s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
 1570  1 screening standards of s. 435.03, unless an exemption from
 1571  disqualification has been provided by the agency.
 1572         (2) Failure to correct cited fire code violations that
 1573  threaten the health, safety, or welfare of residents.
 1574         Section 32. Paragraph (c) of subsection (2) of section
 1575  429.911, Florida Statutes, is amended to read:
 1576         429.911 Denial, suspension, revocation of license;
 1577  emergency action; administrative fines; investigations and
 1578  inspections.—
 1579         (2) Each of the following actions by the owner of an adult
 1580  day care center or by its operator or employee is a ground for
 1581  action by the agency against the owner of the center or its
 1582  operator or employee:
 1583         (c) A Failure to comply with the of persons subject to
 1584  level 2 background screening standards of this part, s.
 1585  408.809(1), or chapter 435 under s. 408.809 to meet the
 1586  screening standards of s. 435.04, or the retention by the center
 1587  of an employee subject to level 1 background screening standards
 1588  under s. 429.174 who does not meet the screening standards of s.
 1589  435.03 and for whom exemptions from disqualification have not
 1590  been provided by the agency.
 1591         Section 33. Section 429.919, Florida Statutes, is amended
 1592  to read:
 1593         429.919 Background screening.—The agency shall require
 1594  level 2 background screening for personnel as required in s.
 1595  408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
 1596  or administrator of an adult day care center must conduct level
 1597  1 background screening as set forth in chapter 435 on all
 1598  employees hired on or after October 1, 1998, who provide basic
 1599  services or supportive and optional services to the
 1600  participants. Such persons satisfy this requirement if:
 1601         (1) Proof of compliance with level 1 screening requirements
 1602  obtained to meet any professional license requirements in this
 1603  state is provided and accompanied, under penalty of perjury, by
 1604  a copy of the person’s current professional license and an
 1605  affidavit of current compliance with the background screening
 1606  requirements.
 1607         (2) The person required to be screened has been
 1608  continuously employed, without a breach in service that exceeds
 1609  180 days, in the same type of occupation for which the person is
 1610  seeking employment and provides proof of compliance with the
 1611  level 1 screening requirement which is no more than 2 years old.
 1612  Proof of compliance must be provided directly from one employer
 1613  or contractor to another, and not from the person screened. Upon
 1614  request, a copy of screening results shall be provided to the
 1615  person screened by the employer retaining documentation of the
 1616  screening.
 1617         (3) The person required to be screened is employed by a
 1618  corporation or business entity or related corporation or
 1619  business entity that owns, operates, or manages more than one
 1620  facility or agency licensed under chapter 400 or this chapter,
 1621  and for whom a level 1 screening was conducted by the
 1622  corporation or business entity as a condition of initial or
 1623  continued employment.
 1624         Section 34. Section 430.0402, Florida Statutes, is created
 1625  to read:
 1626         430.0402Screening of direct service providers.—
 1627         (1)(a)Level 2 background screening pursuant to chapter 435
 1628  is required for direct service providers. Background screening
 1629  shall include employment history checks as provided in s.
 1630  435.03(1) and local criminal records checks through local law
 1631  enforcement agencies.
 1632         (b)For purposes of this section, the term “direct service
 1633  provider” means a person 18 years of age or older who, pursuant
 1634  to a program to provide services to the elderly, has direct,
 1635  face-to-face contact with a client while providing services to
 1636  the client or has access to the client’s living areas or to the
 1637  client’s funds or personal property. The term includes
 1638  coordinators, managers, and supervisors of residential
 1639  facilities and volunteers.
 1640         (2) Licensed physicians, nurses, or other professionals
 1641  licensed by the Department of Health are not subject to
 1642  background screening pursuant to this section if they are
 1643  providing a service that is within the scope of their licensed
 1644  practice.
 1645         (3) Refusal on the part of an employer to dismiss a
 1646  manager, supervisor, or direct service provider who has been
 1647  found to be in noncompliance with standards of this section
 1648  shall result in the automatic denial, termination, or revocation
 1649  of the license or certification, rate agreement, purchase order,
 1650  or contract, in addition to any other remedies authorized by
 1651  law.
 1652         (4)The background screening conducted pursuant to this
 1653  section must ensure that, in addition to the disqualifying
 1654  offenses listed in s. 435.04, no person subject to the
 1655  provisions of this section has an arrest awaiting final
 1656  disposition for, has been found guilty of, regardless of
 1657  adjudication, or entered a plea of nolo contendere or guilty to,
 1658  or has been adjudicated delinquent and the record has not been
 1659  sealed or expunged for, any offense prohibited under any of the
 1660  following provisions of the Florida Statutes or under any
 1661  similar statute of another jurisdiction:
 1662         (a) Any authorizing statutes, if the offense was a felony.
 1663         (b) Section 409.920, relating to Medicaid provider fraud.
 1664         (c) Section 409.9201, relating to Medicaid fraud.
 1665         (d) Section 817.034, relating to fraudulent acts through
 1666  mail, wire, radio, electromagnetic, photoelectronic, or
 1667  photooptical systems.
 1668         (e) Section 817.234, relating to false and fraudulent
 1669  insurance claims.
 1670         (f) Section 817.505, relating to patient brokering.
 1671         (g) Section 817.568, relating to criminal use of personal
 1672  identification information.
 1673         (h) Section 817.60, relating to obtaining a credit card
 1674  through fraudulent means.
 1675         (i) Section 817.61, relating to fraudulent use of credit
 1676  cards, if the offense was a felony.
 1677         (j) Section 831.01, relating to forgery.
 1678         (k) Section 831.02, relating to uttering forged
 1679  instruments.
 1680         (l) Section 831.07, relating to forging bank bills, checks,
 1681  drafts, or promissory notes.
 1682         (m) Section 831.09, relating to uttering forged bank bills,
 1683  checks, drafts, or promissory notes.
 1684         Section 35. Section 435.01, Florida Statutes, is amended to
 1685  read:
 1686         435.01 Applicability of this chapter; statutory references;
 1687  rulemaking.—
 1688         (1)(a) Unless otherwise provided by law, whenever a
 1689  background screening for employment or a background security
 1690  check is required by law to be conducted pursuant to this
 1691  chapter for employment, unless otherwise provided by law, the
 1692  provisions of this chapter shall apply.
 1693         (b) Unless expressly provided otherwise, a reference in any
 1694  section of the Florida Statutes to chapter 435 or to any section
 1695  or sections or portion of a section of chapter 435 includes, and
 1696  shall be understood as including, all subsequent amendments to
 1697  chapter 435 or to the referenced section or sections or portions
 1698  of a section. The purpose of this chapter is to facilitate
 1699  uniform background screening and, to this end, a reference to
 1700  this chapter, or to any section or subdivision within this
 1701  chapter, constitutes a general reference under the doctrine of
 1702  incorporation by reference.
 1703         (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
 1704  120.54 necessary to implement the provisions of this chapter.
 1705         Section 36. Section 435.02, Florida Statutes, is reordered
 1706  and amended to read:
 1707         435.02 Definitions.—For the purposes of this chapter, the
 1708  term:
 1709         (2)(1) “Employee” means any person required by law to be
 1710  screened pursuant to the provisions of this chapter.
 1711         (3)(2) “Employer” means any person or entity required by
 1712  law to conduct screening of employees pursuant to this chapter.
 1713         (1)(3) “Licensing Agency” means any state, or county, or
 1714  municipal agency that which grants licenses or registration
 1715  permitting the operation of an employer or is itself an employer
 1716  or that otherwise facilitates the screening of employees
 1717  pursuant to this chapter. When there is no state licensing
 1718  agency or the municipal or county licensing agency chooses not
 1719  to conduct employment screening, “licensing agency” means the
 1720  Department of Children and Family Services.
 1721         (4) “Employment” means any activity or service sought to be
 1722  performed by an employee that requires the employee to be
 1723  subject to screening pursuant to this chapter.
 1724         (5) “Vulnerable person” means a minor or a vulnerable adult
 1725  as defined in s. 415.102.
 1726         Section 37. Section 435.03, Florida Statutes, is amended to
 1727  read:
 1728         435.03 Level 1 screening standards.—
 1729         (1) All employees required by law to be screened pursuant
 1730  to this section must shall be required to undergo background
 1731  screening as a condition of employment and continued employment
 1732  which includes. For the purposes of this subsection, level 1
 1733  screenings shall include, but need not be limited to, employment
 1734  history checks and statewide criminal correspondence checks
 1735  through the Florida Department of Law Enforcement, a check of
 1736  the Dru Sjodin National Sex Offender Public Website, and may
 1737  include local criminal records checks through local law
 1738  enforcement agencies.
 1739         (2) Any person required by law to be screened pursuant to
 1740  this section must not have an arrest awaiting final disposition,
 1741  for whom employment screening is required by statute must not
 1742  have been found guilty of, regardless of adjudication, or
 1743  entered a plea of nolo contendere or guilty to, and must not
 1744  have been adjudicated delinquent and the record has not been
 1745  sealed or expunged for, any offense prohibited under any
 1746  provision of s. 435.04(2) of the following provisions of the
 1747  Florida Statutes or under any similar statute of another
 1748  jurisdiction.:
 1749         (a) Section 393.135, relating to sexual misconduct with
 1750  certain developmentally disabled clients and reporting of such
 1751  sexual misconduct.
 1752         (b) Section 394.4593, relating to sexual misconduct with
 1753  certain mental health patients and reporting of such sexual
 1754  misconduct.
 1755         (c) Section 415.111, relating to abuse, neglect, or
 1756  exploitation of a vulnerable adult.
 1757         (d) Section 782.04, relating to murder.
 1758         (e) Section 782.07, relating to manslaughter, aggravated
 1759  manslaughter of an elderly person or disabled adult, or
 1760  aggravated manslaughter of a child.
 1761         (f) Section 782.071, relating to vehicular homicide.
 1762         (g) Section 782.09, relating to killing of an unborn quick
 1763  child by injury to the mother.
 1764         (h) Section 784.011, relating to assault, if the victim of
 1765  the offense was a minor.
 1766         (i) Section 784.021, relating to aggravated assault.
 1767         (j) Section 784.03, relating to battery, if the victim of
 1768  the offense was a minor.
 1769         (k) Section 784.045, relating to aggravated battery.
 1770         (l) Section 787.01, relating to kidnapping.
 1771         (m) Section 787.02, relating to false imprisonment.
 1772         (n) Section 794.011, relating to sexual battery.
 1773         (o) Former s. 794.041, relating to prohibited acts of
 1774  persons in familial or custodial authority.
 1775         (p) Chapter 796, relating to prostitution.
 1776         (q) Section 798.02, relating to lewd and lascivious
 1777  behavior.
 1778         (r) Chapter 800, relating to lewdness and indecent
 1779  exposure.
 1780         (s) Section 806.01, relating to arson.
 1781         (t) Chapter 812, relating to theft, robbery, and related
 1782  crimes, if the offense was a felony.
 1783         (u) Section 817.563, relating to fraudulent sale of
 1784  controlled substances, only if the offense was a felony.
 1785         (v) Section 825.102, relating to abuse, aggravated abuse,
 1786  or neglect of an elderly person or disabled adult.
 1787         (w) Section 825.1025, relating to lewd or lascivious
 1788  offenses committed upon or in the presence of an elderly person
 1789  or disabled adult.
 1790         (x) Section 825.103, relating to exploitation of an elderly
 1791  person or disabled adult, if the offense was a felony.
 1792         (y) Section 826.04, relating to incest.
 1793         (z) Section 827.03, relating to child abuse, aggravated
 1794  child abuse, or neglect of a child.
 1795         (aa) Section 827.04, relating to contributing to the
 1796  delinquency or dependency of a child.
 1797         (bb) Former s. 827.05, relating to negligent treatment of
 1798  children.
 1799         (cc) Section 827.071, relating to sexual performance by a
 1800  child.
 1801         (dd) Chapter 847, relating to obscene literature.
 1802         (ee) Chapter 893, relating to drug abuse prevention and
 1803  control, only if the offense was a felony or if any other person
 1804  involved in the offense was a minor.
 1805         (ff) Section 916.1075, relating to sexual misconduct with
 1806  certain forensic clients and reporting of such sexual
 1807  misconduct.
 1808         (3) The security background investigations under this
 1809  section must ensure that no person subject to the provisions of
 1810  this section has been found guilty of, regardless of
 1811  adjudication, or entered a plea of nolo contendere or guilty to,
 1812  any offense that constitutes domestic violence as defined in s.
 1813  741.28, whether such act was committed in this state or in
 1814  another jurisdiction. Standards must also ensure that the
 1815  person:
 1816         (a) For employees and employers licensed or registered
 1817  pursuant to chapter 400 or chapter 429, and for employees and
 1818  employers of developmental disabilities centers as defined in s.
 1819  393.063, intermediate care facilities for the developmentally
 1820  disabled as defined in s. 400.960, and mental health treatment
 1821  facilities as defined in s. 394.455, meets the requirements of
 1822  this chapter.
 1823         (b) Has not committed an act that constitutes domestic
 1824  violence as defined in s. 741.28.
 1825         Section 38. Section 435.04, Florida Statutes, is amended to
 1826  read:
 1827         435.04 Level 2 screening standards.—
 1828         (1)(a) All employees required by law to be screened
 1829  pursuant to this section must in positions designated by law as
 1830  positions of trust or responsibility shall be required to
 1831  undergo security background investigations as a condition of
 1832  employment and continued employment which includes. For the
 1833  purposes of this subsection, security background investigations
 1834  shall include, but need not be limited to, fingerprinting for
 1835  statewide criminal history records all purposes and checks in
 1836  this subsection, statewide criminal and juvenile records checks
 1837  through the Florida Department of Law Enforcement, and national
 1838  federal criminal history records checks through the Federal
 1839  Bureau of Investigation, and may include local criminal records
 1840  checks through local law enforcement agencies.
 1841         (b)Fingerprints submitted pursuant to this section on or
 1842  after July 1, 2012, must be submitted electronically to the
 1843  Department of Law Enforcement.
 1844         (c)An agency may contract with one or more vendors to
 1845  perform all or part of the electronic fingerprinting pursuant to
 1846  this section. Such contracts must ensure that the owners and
 1847  personnel of the vendor performing the electronic fingerprinting
 1848  are qualified and will ensure the integrity and security of all
 1849  personal information.
 1850         (d)An agency may require by rule adopted pursuant to
 1851  chapter 120 that fingerprints submitted pursuant to this section
 1852  must be submitted electronically to the Department of Law
 1853  Enforcement on a date earlier than July 1, 2012.
 1854         (2) The security background investigations under this
 1855  section must ensure that no persons subject to the provisions of
 1856  this section have been arrested for and are awaiting final
 1857  disposition of, have been found guilty of, regardless of
 1858  adjudication, or entered a plea of nolo contendere or guilty to,
 1859  or have been adjudicated delinquent and the record has not been
 1860  sealed or expunged for, any offense prohibited under any of the
 1861  following provisions of the Florida Statutes or under any
 1862  similar statute of another jurisdiction:
 1863         (a) Section 393.135, relating to sexual misconduct with
 1864  certain developmentally disabled clients and reporting of such
 1865  sexual misconduct.
 1866         (b) Section 394.4593, relating to sexual misconduct with
 1867  certain mental health patients and reporting of such sexual
 1868  misconduct.
 1869         (c) Section 415.111, relating to adult abuse, neglect, or
 1870  exploitation of aged persons or disabled adults.
 1871         (d) Section 782.04, relating to murder.
 1872         (e) Section 782.07, relating to manslaughter, aggravated
 1873  manslaughter of an elderly person or disabled adult, or
 1874  aggravated manslaughter of a child.
 1875         (f) Section 782.071, relating to vehicular homicide.
 1876         (g) Section 782.09, relating to killing of an unborn quick
 1877  child by injury to the mother.
 1878         (h) Chapter 784, relating to assault, battery, and culpable
 1879  negligence, if the offense was a felony.
 1880         (i)(h) Section 784.011, relating to assault, if the victim
 1881  of the offense was a minor.
 1882         (i) Section 784.021, relating to aggravated assault.
 1883         (j) Section 784.03, relating to battery, if the victim of
 1884  the offense was a minor.
 1885         (k) Section 784.045, relating to aggravated battery.
 1886         (l) Section 784.075, relating to battery on a detention or
 1887  commitment facility staff.
 1888         (k)(m) Section 787.01, relating to kidnapping.
 1889         (l)(n) Section 787.02, relating to false imprisonment.
 1890         (m) Section 787.025, relating to luring or enticing a
 1891  child.
 1892         (n)(o) Section 787.04(2), relating to taking, enticing, or
 1893  removing a child beyond the state limits with criminal intent
 1894  pending custody proceedings.
 1895         (o)(p) Section 787.04(3), relating to carrying a child
 1896  beyond the state lines with criminal intent to avoid producing a
 1897  child at a custody hearing or delivering the child to the
 1898  designated person.
 1899         (p)(q) Section 790.115(1), relating to exhibiting firearms
 1900  or weapons within 1,000 feet of a school.
 1901         (q)(r) Section 790.115(2)(b), relating to possessing an
 1902  electric weapon or device, destructive device, or other weapon
 1903  on school property.
 1904         (r)(s) Section 794.011, relating to sexual battery.
 1905         (s)(t) Former s. 794.041, relating to prohibited acts of
 1906  persons in familial or custodial authority.
 1907         (t) Section 794.05, relating to unlawful sexual activity
 1908  with certain minors.
 1909         (u) Chapter 796, relating to prostitution.
 1910         (v) Section 798.02, relating to lewd and lascivious
 1911  behavior.
 1912         (w) Chapter 800, relating to lewdness and indecent
 1913  exposure.
 1914         (x) Section 806.01, relating to arson.
 1915         (y) Section 810.02, relating to burglary.
 1916         (z) Section 810.14, relating to voyeurism, if the offense
 1917  is a felony.
 1918         (aa) Section 810.145, relating to video voyeurism, if the
 1919  offense is a felony.
 1920         (bb)(y) Chapter 812, relating to theft, robbery, and
 1921  related crimes, if the offense is a felony.
 1922         (cc)(z) Section 817.563, relating to fraudulent sale of
 1923  controlled substances, only if the offense was a felony.
 1924         (dd)(aa) Section 825.102, relating to abuse, aggravated
 1925  abuse, or neglect of an elderly person or disabled adult.
 1926         (ee)(bb) Section 825.1025, relating to lewd or lascivious
 1927  offenses committed upon or in the presence of an elderly person
 1928  or disabled adult.
 1929         (ff)(cc) Section 825.103, relating to exploitation of an
 1930  elderly person or disabled adult, if the offense was a felony.
 1931         (gg)(dd) Section 826.04, relating to incest.
 1932         (hh)(ee) Section 827.03, relating to child abuse,
 1933  aggravated child abuse, or neglect of a child.
 1934         (ii)(ff) Section 827.04, relating to contributing to the
 1935  delinquency or dependency of a child.
 1936         (jj)(gg) Former s. 827.05, relating to negligent treatment
 1937  of children.
 1938         (kk)(hh) Section 827.071, relating to sexual performance by
 1939  a child.
 1940         (ll)(ii) Section 843.01, relating to resisting arrest with
 1941  violence.
 1942         (mm)(jj) Section 843.025, relating to depriving a law
 1943  enforcement, correctional, or correctional probation officer
 1944  means of protection or communication.
 1945         (nn)(kk) Section 843.12, relating to aiding in an escape.
 1946         (oo)(ll) Section 843.13, relating to aiding in the escape
 1947  of juvenile inmates in correctional institutions.
 1948         (pp)(mm) Chapter 847, relating to obscene literature.
 1949         (qq)(nn) Section 874.05(1), relating to encouraging or
 1950  recruiting another to join a criminal gang.
 1951         (rr)(oo) Chapter 893, relating to drug abuse prevention and
 1952  control, only if the offense was a felony or if any other person
 1953  involved in the offense was a minor.
 1954         (ss)(pp) Section 916.1075, relating to sexual misconduct
 1955  with certain forensic clients and reporting of such sexual
 1956  misconduct.
 1957         (tt)(qq) Section 944.35(3), relating to inflicting cruel or
 1958  inhuman treatment on an inmate resulting in great bodily harm.
 1959         (uu) Section 944.40, relating to escape.
 1960         (vv)(rr) Section 944.46, relating to harboring, concealing,
 1961  or aiding an escaped prisoner.
 1962         (ww)(ss) Section 944.47, relating to introduction of
 1963  contraband into a correctional facility.
 1964         (xx)(tt) Section 985.701, relating to sexual misconduct in
 1965  juvenile justice programs.
 1966         (yy)(uu) Section 985.711, relating to contraband introduced
 1967  into detention facilities.
 1968         (3) The security background investigations under this
 1969  section must ensure that no person subject to this section has
 1970  been found guilty of, regardless of adjudication, or entered a
 1971  plea of nolo contendere or guilty to, any offense that
 1972  constitutes domestic violence as defined in s. 741.28, whether
 1973  such act was committed in this state or in another jurisdiction.
 1974  The security background investigations conducted under this
 1975  section for employees of the Department of Juvenile Justice must
 1976  ensure that no persons subject to the provisions of this section
 1977  have been found guilty of, regardless of adjudication, or
 1978  entered a plea of nolo contendere or guilty to, any offense
 1979  prohibited under any of the following provisions of the Florida
 1980  Statutes or under any similar statute of another jurisdiction:
 1981         (a) Section 784.07, relating to assault or battery of law
 1982  enforcement officers, firefighters, emergency medical care
 1983  providers, public transit employees or agents, or other
 1984  specified officers.
 1985         (b) Section 810.02, relating to burglary, if the offense is
 1986  a felony.
 1987         (c) Section 944.40, relating to escape.
 1988  
 1989  The Department of Juvenile Justice may not remove a
 1990  disqualification from employment or grant an exemption to any
 1991  person who is disqualified under this section for any offense
 1992  disposed of during the most recent 7-year period.
 1993         (4) Standards must also ensure that the person:
 1994         (a) For employees or employers licensed or registered
 1995  pursuant to chapter 400 or chapter 429, does not have a
 1996  confirmed report of abuse, neglect, or exploitation as defined
 1997  in s. 415.102(6), which has been uncontested or upheld under s.
 1998  415.103.
 1999         (b) Has not committed an act that constitutes domestic
 2000  violence as defined in s. 741.30.
 2001         (5) Under penalty of perjury, all employees in such
 2002  positions of trust or responsibility shall attest to meeting the
 2003  requirements for qualifying for employment and agreeing to
 2004  inform the employer immediately if convicted of any of the
 2005  disqualifying offenses while employed by the employer. Each
 2006  employer of employees in such positions of trust or
 2007  responsibilities which is licensed or registered by a state
 2008  agency shall submit to the licensing agency annually or at the
 2009  time of license renewal, under penalty of perjury, an affidavit
 2010  of compliance with the provisions of this section.
 2011         Section 39. Section 435.05, Florida Statutes, is amended to
 2012  read:
 2013         435.05 Requirements for covered employees and employers.
 2014  Except as otherwise provided by law, the following requirements
 2015  shall apply to covered employees and employers:
 2016         (1)(a) Every person required by law to be screened pursuant
 2017  to the provisions of this chapter must employed in a position
 2018  for which employment screening is required must, within 5
 2019  working days after starting to work, submit to the employer a
 2020  complete set of information necessary to conduct a screening
 2021  under this chapter section.
 2022         (b) For level 1 screening, the employer must submit the
 2023  information necessary for screening to the Florida Department of
 2024  Law Enforcement within 5 working days after receiving it. The
 2025  Florida Department of Law Enforcement will conduct a search of
 2026  its records and will respond to the employer or agency. The
 2027  employer will inform the employee whether screening has revealed
 2028  any disqualifying information.
 2029         (c) For level 2 screening, the employer or licensing agency
 2030  must submit the information necessary for screening to the
 2031  Florida Department of Law Enforcement within 5 working days
 2032  after receiving it. The Florida Department of Law Enforcement
 2033  will perform a criminal history record check of its conduct a
 2034  search of its criminal and juvenile records and will request
 2035  that the Federal Bureau of Investigation perform a national
 2036  criminal history record check conduct a search of its records
 2037  for each employee for whom the request is made. The Florida
 2038  Department of Law Enforcement will respond to the employer or
 2039  licensing agency, and the employer or licensing agency will
 2040  inform the employee whether screening has revealed disqualifying
 2041  information.
 2042         (d) The person whose background is being checked must
 2043  supply any missing criminal or other necessary information upon
 2044  request to the requesting employer or agency within 30 days
 2045  after receiving the employer makes a request for the information
 2046  or be subject to automatic disqualification.
 2047         (2) Every employee must attest, subject to penalty of
 2048  perjury, to meeting the requirements for qualifying for
 2049  employment pursuant to this chapter and agreeing to inform the
 2050  employer immediately if arrested for any of the disqualifying
 2051  offenses while employed by the employer. Unless otherwise
 2052  prohibited by state or federal law, new employees may be placed
 2053  on probationary status pending a determination of compliance
 2054  with minimum standards set forth in this chapter.
 2055         (3) Each employer that is licensed or registered with an
 2056  agency and is required by law to conduct level 2 background
 2057  screening must submit to the agency sign an affidavit annually
 2058  or at the time of license renewal, under penalty of perjury, a
 2059  signed affidavit attesting to compliance with the provisions of
 2060  this chapter stating that all covered employees have been
 2061  screened or are newly hired and are awaiting the results of the
 2062  required screening checks.
 2063         Section 40. Section 435.06, Florida Statutes, is amended to
 2064  read:
 2065         435.06 Exclusion from employment.—
 2066         (1) When an employer or licensing agency has reasonable
 2067  cause to believe that grounds exist for the denial or
 2068  termination of employment of any employee as a result of
 2069  background screening, it shall notify the employee in writing,
 2070  stating the specific record that which indicates noncompliance
 2071  with the standards in this chapter section. It shall be the
 2072  responsibility of the affected employee to contest his or her
 2073  disqualification or to request exemption from disqualification.
 2074  The only basis for contesting the disqualification shall be
 2075  proof of mistaken identity.
 2076         (2)(a) An employer may not hire, select, or otherwise allow
 2077  an employee to have contact with any vulnerable person that
 2078  would place the employee in a role that would require background
 2079  screening until such time as the screening process is completed
 2080  and demonstrates the absence of any grounds for the denial or
 2081  termination of employment. If the screening process shows any
 2082  grounds for the denial or termination of employment, the
 2083  employer may not hire, select, or otherwise allow the employee
 2084  to have contact with any vulnerable person that would place the
 2085  employee in a role that would require background screening
 2086  unless the employee is granted an exemption for the
 2087  disqualification by the agency as provided under s. 435.07.
 2088         (b) If at any time an employer becomes aware that an
 2089  employee has been arrested for a disqualifying offense, the
 2090  employer must remove the employee from contact with any
 2091  vulnerable person that would place the employee in a role that
 2092  would require background screening until such time as the arrest
 2093  is resolved in such a way that the employer determines that the
 2094  employee is still eligible for employment under this chapter.
 2095         (c) The employer must either terminate the employment of
 2096  any of its personnel found to be in noncompliance with the
 2097  minimum standards of this chapter for good moral character
 2098  contained in this section or place the employee in a position
 2099  for which background screening is not required unless the
 2100  employee is granted an exemption from disqualification pursuant
 2101  to s. 435.07.
 2102         (3) Any employee person who is required to undergo
 2103  employment screening and who refuses to cooperate in such
 2104  screening or refuses to timely submit the information necessary
 2105  to complete the screening, including fingerprints when required,
 2106  must shall be disqualified for employment in such position or,
 2107  if employed, must shall be dismissed.
 2108         (4)There is no unemployment compensation or other monetary
 2109  liability on the part of, and no cause of action for damages
 2110  arising against, an employer that, upon notice of a conviction
 2111  or arrest for a disqualifying offense listed under this chapter,
 2112  terminates the person against whom the report was issued or who
 2113  was arrested, regardless of whether or not that person has filed
 2114  for an exemption pursuant to this chapter.
 2115         Section 41. Section 435.07, Florida Statutes, is amended to
 2116  read:
 2117         435.07 Exemptions from disqualification.—Unless otherwise
 2118  provided by law, the provisions of this section shall apply to
 2119  exemptions from disqualification for disqualifying offenses
 2120  revealed pursuant to background screenings required by law to be
 2121  conducted pursuant to this chapter, regardless of whether those
 2122  disqualifying offenses are listed in this chapter or are
 2123  codified in other statutes.
 2124         (1) The head of the appropriate licensing agency may grant
 2125  to any employee otherwise disqualified from employment an
 2126  exemption from disqualification for:
 2127         (a) Felonies for which at least 3 years have elapsed since
 2128  the applicant for the exemption has completed or been lawfully
 2129  released from confinement, supervision, or sanction for the
 2130  disqualifying felony committed more than 3 years prior to the
 2131  date of disqualification;
 2132         (b) Misdemeanors prohibited under any of the Florida
 2133  Statutes cited in this chapter or under similar statutes of
 2134  other jurisdictions for which the applicant for the exemption
 2135  has completed or been lawfully released from confinement,
 2136  supervision, or sanction;
 2137         (c) Offenses that were felonies when committed but that are
 2138  now misdemeanors and for which the applicant for the exemption
 2139  has completed or been lawfully released from confinement,
 2140  supervision, or sanction; or
 2141         (d) Findings of delinquency. For offenses that would be
 2142  felonies if committed by an adult and the record has not been
 2143  sealed or expunged, the exemption may not be granted until at
 2144  least 3 years have elapsed since the applicant for the exemption
 2145  has completed or been lawfully released from confinement,
 2146  supervision, or sanction for the disqualifying offense; or
 2147         (e)Commissions of acts of domestic violence as defined in
 2148  s. 741.30.
 2149  
 2150  For the purposes of this subsection, the term “felonies” means
 2151  both felonies prohibited under any of the Florida Statutes cited
 2152  in this chapter or under similar statutes of other
 2153  jurisdictions.
 2154         (2) Persons employed, or applicants for employment, by
 2155  treatment providers who treat adolescents 13 years of age and
 2156  older who are disqualified from employment solely because of
 2157  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 2158  exempted from disqualification from employment pursuant to this
 2159  chapter section without application of the 3-year waiting period
 2160  in paragraph (1)(a).
 2161         (3)(a) In order for the head of an agency a licensing
 2162  department to grant an exemption to any employee, the employee
 2163  must demonstrate by clear and convincing evidence that the
 2164  employee should not be disqualified from employment. Employees
 2165  seeking an exemption have the burden of setting forth clear and
 2166  convincing sufficient evidence of rehabilitation, including, but
 2167  not limited to, the circumstances surrounding the criminal
 2168  incident for which an exemption is sought, the time period that
 2169  has elapsed since the incident, the nature of the harm caused to
 2170  the victim, and the history of the employee since the incident,
 2171  or any other evidence or circumstances indicating that the
 2172  employee will not present a danger if employment or continued
 2173  employment is allowed.
 2174         (b) The agency may consider as part of its deliberations of
 2175  the employee’s rehabilitation the fact that the employee has,
 2176  subsequent to the conviction for the disqualifying offense for
 2177  which the exemption is being sought, been arrested for or
 2178  convicted of another crime, even if that crime is not a
 2179  disqualifying offense.
 2180         (c) The decision of the head of an agency licensing
 2181  department regarding an exemption may be contested through the
 2182  hearing procedures set forth in chapter 120. The standard of
 2183  review by the administrative law judge is whether the agency’s
 2184  intended action is an abuse of discretion.
 2185         (4)(a) Disqualification from employment under this chapter
 2186  subsection (1) may not be removed from, nor may an exemption be
 2187  granted to, any personnel who is found guilty of, regardless of
 2188  adjudication, or who has entered a plea of nolo contendere or
 2189  guilty to, any felony covered by s. 435.03 or s. 435.04 solely
 2190  by reason of any pardon, executive clemency, or restoration of
 2191  civil rights.
 2192         (b) Disqualification from employment under this chapter may
 2193  not be removed from, nor may an exemption be granted to, any
 2194  person who is a:
 2195         1. Sexual predator as designated pursuant to s. 775.21;
 2196         2. Career offender pursuant to s. 775.261; or
 2197         3. Sexual offender pursuant to s. 943.0435, unless the
 2198  requirement to register as a sexual offender has been removed
 2199  pursuant to s. 943.04354.
 2200         (5) Exemptions granted by one licensing agency shall be
 2201  considered by subsequent licensing agencies, but are not binding
 2202  on the subsequent licensing agency.
 2203         Section 42. Section 435.08, Florida Statutes, is amended to
 2204  read:
 2205         435.08 Payment for processing of fingerprints and state
 2206  criminal records checks.—Either the employer or the employee is
 2207  responsible for paying the costs of screening. Payment shall be
 2208  submitted to the Florida Department of Law Enforcement with the
 2209  request for screening. The appropriate agency is responsible for
 2210  collecting and paying any fee related to fingerprints retained
 2211  on its behalf to the Department of Law Enforcement for costs
 2212  resulting from the fingerprint information retention services.
 2213  The amount of the annual fee and procedures for the submission
 2214  and retention of fingerprint information and for the
 2215  dissemination of search results shall be established by rule of
 2216  the Department of Law Enforcement.
 2217         Section 43. Subsection (1) of section 464.203, Florida
 2218  Statutes, is amended to read:
 2219         464.203 Certified nursing assistants; certification
 2220  requirement.—
 2221         (1) The board shall issue a certificate to practice as a
 2222  certified nursing assistant to any person who demonstrates a
 2223  minimum competency to read and write and successfully passes the
 2224  required background Level I or Level II screening pursuant to s.
 2225  400.215 and meets one of the following requirements:
 2226         (a) Has successfully completed an approved training program
 2227  and achieved a minimum score, established by rule of the board,
 2228  on the nursing assistant competency examination, which consists
 2229  of a written portion and skills-demonstration portion approved
 2230  by the board and administered at a site and by personnel
 2231  approved by the department.
 2232         (b) Has achieved a minimum score, established by rule of
 2233  the board, on the nursing assistant competency examination,
 2234  which consists of a written portion and skills-demonstration
 2235  portion, approved by the board and administered at a site and by
 2236  personnel approved by the department and:
 2237         1. Has a high school diploma, or its equivalent; or
 2238         2. Is at least 18 years of age.
 2239         (c) Is currently certified in another state; is listed on
 2240  that state’s certified nursing assistant registry; and has not
 2241  been found to have committed abuse, neglect, or exploitation in
 2242  that state.
 2243         (d) Has completed the curriculum developed under the
 2244  Enterprise Florida Jobs and Education Partnership Grant and
 2245  achieved a minimum score, established by rule of the board, on
 2246  the nursing assistant competency examination, which consists of
 2247  a written portion and skills-demonstration portion, approved by
 2248  the board and administered at a site and by personnel approved
 2249  by the department.
 2250         Section 44. Subsection (9) of section 489.115, Florida
 2251  Statutes, is amended to read:
 2252         489.115 Certification and registration; endorsement;
 2253  reciprocity; renewals; continuing education.—
 2254         (9) An initial applicant shall submit, along with the
 2255  application, a complete set of fingerprints to in a form and
 2256  manner required by the department. The fingerprints shall be
 2257  submitted to the Department of Law Enforcement for state
 2258  processing, and the Department of Law Enforcement shall forward
 2259  them to the Federal Bureau of Investigation for national
 2260  processing for the purpose of determining if the applicant has a
 2261  criminal history record conducting a level 2 background check
 2262  pursuant to s. 435.04. The department shall and the board may
 2263  review the background results to determine if an applicant meets
 2264  licensure requirements. The cost for the fingerprint processing
 2265  shall be borne by the person subject to the background
 2266  screening. These fees are to be collected by the authorized
 2267  agencies or vendors. The authorized agencies or vendors are
 2268  responsible for paying the processing costs to the Department of
 2269  Law Enforcement.
 2270         Section 45. Paragraphs (g) and (h) of subsection (2) of
 2271  section 943.05, Florida Statutes, are amended, and subsection
 2272  (4) is added to that section, to read:
 2273         943.05 Criminal Justice Information Program; duties; crime
 2274  reports.—
 2275         (2) The program shall:
 2276         (g) Upon official written request, and subject to the
 2277  department having sufficient funds and equipment to participate
 2278  in such a request, from the agency executive director or
 2279  secretary, or from his or her designee, or from qualified
 2280  entities participating in the volunteer and employee criminal
 2281  history screening system under s. 943.0542, or as otherwise
 2282  required As authorized by law, retain fingerprints submitted by
 2283  criminal and noncriminal justice agencies to the department for
 2284  a criminal history background screening in a manner provided by
 2285  rule and enter the fingerprints in the statewide automated
 2286  fingerprint identification system authorized by paragraph (b).
 2287  Such fingerprints shall thereafter be available for all purposes
 2288  and uses authorized for arrest fingerprint submissions cards
 2289  entered into the statewide automated fingerprint identification
 2290  system pursuant to s. 943.051.
 2291         (h)1.For each agency or qualified entity that officially
 2292  requests retention of fingerprints or for which retention is
 2293  otherwise required As authorized by law, search all arrest
 2294  fingerprint submissions cards received under s. 943.051 against
 2295  the fingerprints retained in the statewide automated fingerprint
 2296  identification system under paragraph (g).
 2297         1. Any arrest record that is identified with the retained
 2298  fingerprints of a person subject to background screening as
 2299  provided in paragraph (g) shall be reported to the appropriate
 2300  agency or qualified entity.
 2301         2. To Agencies may participate in this search process,
 2302  agencies or qualified entities must notify each person
 2303  fingerprinted that his or her fingerprints will be retained, pay
 2304  by payment of an annual fee to the department, and inform by
 2305  informing the department of any change in the affiliation,
 2306  employment, or contractual status or place of affiliation,
 2307  employment, or contracting of each person the persons whose
 2308  fingerprints are retained under paragraph (g) when such change
 2309  removes or eliminates the agency or qualified entity’s basis or
 2310  need for receiving reports of any arrest of that person, so that
 2311  the agency or qualified entity will not be obligated to pay the
 2312  upcoming annual fee for the retention and searching of that
 2313  person’s fingerprints to the department. The department shall
 2314  adopt a rule setting the amount of the annual fee to be imposed
 2315  upon each participating agency or qualified entity for
 2316  performing these searches and establishing the procedures for
 2317  the retention of fingerprints and the dissemination of search
 2318  results. The fee may be borne by the agency, qualified entity,
 2319  or person subject to fingerprint retention or as otherwise
 2320  provided by law. Fees may be waived or reduced by the executive
 2321  director for good cause shown. Consistent with the recognition
 2322  of criminal justice agencies expressed in s. 943.053(3), these
 2323  services will be provided to criminal justice agencies for
 2324  criminal justice purposes free of charge.
 2325         3. Agencies that participate in the fingerprint retention
 2326  and search process may adopt rules pursuant to ss. 120.536(1)
 2327  and 120.54 to require employers to keep the agency informed of
 2328  any change in the affiliation, employment, or contractual status
 2329  of each person whose fingerprints are retained under paragraph
 2330  (g) when such change removes or eliminates the agency’s basis or
 2331  need for receiving reports of any arrest of that person, so that
 2332  the agency will not be obligated to pay the upcoming annual fee
 2333  for the retention and searching of that person’s fingerprints to
 2334  the department.
 2335         (4) Upon notification that a federal fingerprint retention
 2336  program is in effect, and subject to the department being funded
 2337  and equipped to participate in such a program, the department
 2338  shall, when state and national criminal history records checks
 2339  and retention of submitted prints are authorized or required by
 2340  law, retain the fingerprints as provided in paragraphs (2)(g)
 2341  and (h) and advise the Federal Bureau of Investigation to retain
 2342  the fingerprints at the national level for searching against
 2343  arrest fingerprint submissions received at the national level.
 2344         Section 46. Subsections (6) and (11) of section 943.053,
 2345  Florida Statutes, are amended to read:
 2346         943.053 Dissemination of criminal justice information;
 2347  fees.—
 2348         (6) Notwithstanding any other provision of law, the
 2349  department shall provide to the Florida Department of Revenue
 2350  Child Support Enforcement access to Florida criminal records
 2351  which are not exempt from disclosure under chapter 119, and to
 2352  such information as may be lawfully available from other states
 2353  via the National Law Enforcement Telecommunications System, for
 2354  the purpose of locating subjects who owe or potentially owe
 2355  support, as defined in s. 409.2554, or to whom such obligation
 2356  is owed pursuant to Title IV-D of the Social Security Act. Such
 2357  information may be provided to child support enforcement
 2358  authorities in other states for these specific purposes.
 2359         (11) A criminal justice agency that is authorized under
 2360  federal rules or law to conduct a criminal history background
 2361  check on an agency employee who is not certified by the Criminal
 2362  Justice Standards and Training Commission under s. 943.12 may
 2363  submit to the department the fingerprints of the noncertified
 2364  employee to obtain state and national criminal history
 2365  information. Effective January 15, 2007, The fingerprints
 2366  submitted shall be retained and entered in the statewide
 2367  automated fingerprint identification system authorized by s.
 2368  943.05 and shall be available for all purposes and uses
 2369  authorized for arrest fingerprint submissions cards entered in
 2370  the statewide automated fingerprint identification system
 2371  pursuant to s. 943.051. The department shall search all arrest
 2372  fingerprint submissions cards received pursuant to s. 943.051
 2373  against the fingerprints retained in the statewide automated
 2374  fingerprint identification system pursuant to this section. In
 2375  addition to all purposes and uses authorized for arrest
 2376  fingerprint submissions cards for which submitted fingerprints
 2377  may be used, any arrest record that is identified with the
 2378  retained employee fingerprints must be reported to the
 2379  submitting employing agency.
 2380         Section 47. Paragraph (a) of subsection (2) of section
 2381  984.01, Florida Statutes, is amended to read:
 2382         984.01 Purposes and intent; personnel standards and
 2383  screening.—
 2384         (2) The Department of Juvenile Justice or the Department of
 2385  Children and Family Services, as appropriate, may contract with
 2386  the Federal Government, other state departments and agencies,
 2387  county and municipal governments and agencies, public and
 2388  private agencies, and private individuals and corporations in
 2389  carrying out the purposes of, and the responsibilities
 2390  established in, this chapter.
 2391         (a) When the department of Juvenile Justice or the
 2392  Department of Children and Family Services contracts with a
 2393  provider for any program for children, all personnel, including
 2394  owners, operators, employees, and volunteers, in the facility
 2395  must be of good moral character. Each contract entered into by
 2396  either department for services delivered on an appointment or
 2397  intermittent basis by a provider that does not have regular
 2398  custodial responsibility for children and each contract with a
 2399  school for before or aftercare services must ensure that the
 2400  owners, operators, and all personnel who have direct contact
 2401  with children are of good moral character. A volunteer who
 2402  assists on an intermittent basis for less than 10 40 hours per
 2403  month need not be screened, provided a person who meets the
 2404  screening requirement of this section is always present and has
 2405  the volunteer in his or her line of sight if the volunteer is
 2406  under direct and constant supervision by persons who meet the
 2407  screening requirements.
 2408         Section 48. Section 985.644, Florida Statutes, is amended
 2409  to read:
 2410         985.644 Departmental contracting powers; personnel
 2411  standards and screening.—
 2412         (1) The department of Juvenile Justice or the Department of
 2413  Children and Family Services, as appropriate, may contract with
 2414  the Federal Government, other state departments and agencies,
 2415  county and municipal governments and agencies, public and
 2416  private agencies, and private individuals and corporations in
 2417  carrying out the purposes of, and the responsibilities
 2418  established in, this chapter.
 2419         (a) When the Department of Juvenile Justice or the
 2420  Department of Children and Family Services contracts with a
 2421  provider for any program for children, all personnel, including
 2422  owners, operators, employees, and volunteers, in the facility
 2423  must be of good moral character. Each contract entered into by
 2424  the either department for services delivered on an appointment
 2425  or intermittent basis by a provider that does not have regular
 2426  custodial responsibility for children and each contract with a
 2427  school for before or aftercare services must ensure that all the
 2428  owners, operators, and all personnel who have direct contact
 2429  with children are subject to level 2 background screening
 2430  pursuant to chapter 435 of good moral character.
 2431         (b) A volunteer who assists the department or any program
 2432  for children on an intermittent basis for less than 10 40 hours
 2433  per month need not be screened, provided a person who meets the
 2434  screening requirement of this section is always present and has
 2435  the volunteer in his or her line of sight if the volunteer is
 2436  under direct and constant supervision by persons who meet the
 2437  screening requirements.
 2438         (b) The Department of Juvenile Justice and the Department
 2439  of Children and Family Services shall require employment
 2440  screening pursuant to chapter 435, using the level 2 standards
 2441  set forth in that chapter for personnel in programs for children
 2442  or youths.
 2443         (c) The Department of Juvenile Justice or the Department of
 2444  Children and Family Services may grant exemptions from
 2445  disqualification from working with children as provided in s.
 2446  435.07.
 2447         (2) The department may contract with the Federal
 2448  Government, other state departments and agencies, county and
 2449  municipal governments and agencies, public and private agencies,
 2450  and private individuals and corporations in carrying out the
 2451  purposes and the responsibilities of the delinquency services
 2452  and programs of the department.
 2453         (2)(3) The department shall adopt a rule pursuant to
 2454  chapter 120 establishing a procedure to provide notice of policy
 2455  changes that affect contracted delinquency services and
 2456  programs. A policy is defined as an operational requirement that
 2457  applies to only the specified contracted delinquency service or
 2458  program. The procedure shall include:
 2459         (a) Public notice of policy development.
 2460         (b) Opportunity for public comment on the proposed policy.
 2461         (c) Assessment for fiscal impact upon the department and
 2462  providers.
 2463         (d) The department’s response to comments received.
 2464         (4) When the department contracts with a provider for any
 2465  delinquency service or program, all personnel, including all
 2466  owners, operators, employees, and volunteers in the facility or
 2467  providing the service or program shall be of good moral
 2468  character. A volunteer who assists on an intermittent basis for
 2469  less than 40 hours per month is not required to be screened if
 2470  the volunteer is under direct and constant supervision by
 2471  persons who meet the screening requirements.
 2472         (3)(5)(a) All employees of the department and all personnel
 2473  of contract providers for any program for children, including
 2474  all owners, operators, employees, persons who have access to
 2475  confidential juvenile records, and volunteers, must complete For
 2476  any person employed by the department, or by a provider under
 2477  contract with the department, in delinquency facilities,
 2478  services, or programs, the department shall require:
 2479         1. A level 2 employment screening pursuant to chapter 435
 2480  prior to employment. The security background investigations
 2481  conducted under this section must ensure that, in addition to
 2482  the disqualifying offenses listed in s. 435.04, no person
 2483  subject to the background screening provisions of this section
 2484  has been found guilty of, regardless of adjudication, or entered
 2485  a plea of nolo contendere or guilty to, any offense prohibited
 2486  under any of the following provisions of the Florida Statutes or
 2487  under any similar statute of another jurisdiction:
 2488         a. Section 784.07, relating to assault or battery of law
 2489  enforcement officers, firefighters, emergency medical care
 2490  providers, public transit employees or agents, or other
 2491  specified officers.
 2492         b. Section 817.568, relating to criminal use of personal
 2493  identification information.
 2494         2. A national federal criminal records check by the Federal
 2495  Bureau of Investigation every 5 years following the date of the
 2496  person’s employment.
 2497         (b) Except for law enforcement, correctional, and
 2498  correctional probation officers, to whom s. 943.13(5) applies,
 2499  the department shall electronically submit to the Department of
 2500  Law Enforcement:
 2501         1. Fingerprint information obtained during the employment
 2502  screening required by subparagraph (a)1.
 2503         2. Beginning on December 15, 2005, Fingerprint information
 2504  for all persons employed by the department, or by a provider
 2505  under contract with the department, in delinquency facilities,
 2506  services, or programs if such fingerprint information has not
 2507  previously been electronically submitted to the Department of
 2508  Law Enforcement under this paragraph.
 2509         (c) All fingerprint information electronically submitted to
 2510  the Department of Law Enforcement under paragraph (b) shall be
 2511  retained by the Department of Law Enforcement and entered into
 2512  the statewide automated fingerprint identification system
 2513  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
 2514  information shall be available for all purposes and uses
 2515  authorized for arrest fingerprint information entered into the
 2516  statewide automated fingerprint identification system pursuant
 2517  to s. 943.051 until the fingerprint information is removed
 2518  pursuant to paragraph (e). The Department of Law Enforcement
 2519  shall search all arrest fingerprint information received
 2520  pursuant to s. 943.051 against the fingerprint information
 2521  entered into the statewide automated fingerprint system pursuant
 2522  to this subsection. Any arrest records identified as a result of
 2523  the search shall be reported to the department in the manner and
 2524  timeframe established by the Department of Law Enforcement by
 2525  rule.
 2526         (d) The department shall pay an annual fee to the
 2527  Department of Law Enforcement for its costs resulting from the
 2528  fingerprint information retention services required by this
 2529  subsection. The amount of the annual fee and procedures for the
 2530  submission and retention of fingerprint information and for the
 2531  dissemination of search results shall be established by the
 2532  Department of Law Enforcement by a rule that is applicable to
 2533  the department individually pursuant to this subsection or that
 2534  is applicable to the department and other employing agencies
 2535  pursuant to rulemaking authority otherwise provided by law.
 2536         (e) The department shall notify the Department of Law
 2537  Enforcement when a person whose fingerprint information is
 2538  retained by the Department of Law Enforcement under this
 2539  subsection is no longer employed by the department, or by a
 2540  provider under contract with the department, in a delinquency
 2541  facility, service, or program. This notice shall be provided by
 2542  the department to the Department of Law Enforcement no later
 2543  than 6 months after the date of the change in the person’s
 2544  employment status. Fingerprint information for persons
 2545  identified by the department in the notice shall be removed from
 2546  the statewide automated fingerprint system.
 2547         (6) The department may grant exemptions from
 2548  disqualification from working with children as provided in s.
 2549  435.07.
 2550         (7) The department may adopt rules pursuant to ss.
 2551  120.536(1) and 120.54 to describe the procedure and requirements
 2552  necessary to implement the employment screening and fingerprint
 2553  retention services for all employees of the department and all
 2554  personnel of contract providers for any program for children,
 2555  including all owners, operators, employees, and volunteers,
 2556  including the collection of associated fees.
 2557         Section 49. Paragraph (a) of subsection (1) of section
 2558  381.60225, Florida Statutes, is amended to read:
 2559         381.60225 Background screening.—
 2560         (1) Each applicant for certification must comply with the
 2561  following requirements:
 2562         (a) Upon receipt of a completed, signed, and dated
 2563  application, the Agency for Health Care Administration shall
 2564  require background screening, in accordance with the level 2
 2565  standards for screening set forth in chapter 435, of the
 2566  managing employee, or other similarly titled individual
 2567  responsible for the daily operation of the organization, agency,
 2568  or entity, and financial officer, or other similarly titled
 2569  individual who is responsible for the financial operation of the
 2570  organization, agency, or entity, including billings for
 2571  services. The applicant must comply with the procedures for
 2572  level 2 background screening as set forth in chapter 435, as
 2573  well as the requirements of s. 435.03(3).
 2574         Section 50. Subsection (32) of section 409.912, Florida
 2575  Statutes, is amended to read:
 2576         409.912 Cost-effective purchasing of health care.—The
 2577  agency shall purchase goods and services for Medicaid recipients
 2578  in the most cost-effective manner consistent with the delivery
 2579  of quality medical care. To ensure that medical services are
 2580  effectively utilized, the agency may, in any case, require a
 2581  confirmation or second physician’s opinion of the correct
 2582  diagnosis for purposes of authorizing future services under the
 2583  Medicaid program. This section does not restrict access to
 2584  emergency services or poststabilization care services as defined
 2585  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2586  shall be rendered in a manner approved by the agency. The agency
 2587  shall maximize the use of prepaid per capita and prepaid
 2588  aggregate fixed-sum basis services when appropriate and other
 2589  alternative service delivery and reimbursement methodologies,
 2590  including competitive bidding pursuant to s. 287.057, designed
 2591  to facilitate the cost-effective purchase of a case-managed
 2592  continuum of care. The agency shall also require providers to
 2593  minimize the exposure of recipients to the need for acute
 2594  inpatient, custodial, and other institutional care and the
 2595  inappropriate or unnecessary use of high-cost services. The
 2596  agency shall contract with a vendor to monitor and evaluate the
 2597  clinical practice patterns of providers in order to identify
 2598  trends that are outside the normal practice patterns of a
 2599  provider’s professional peers or the national guidelines of a
 2600  provider’s professional association. The vendor must be able to
 2601  provide information and counseling to a provider whose practice
 2602  patterns are outside the norms, in consultation with the agency,
 2603  to improve patient care and reduce inappropriate utilization.
 2604  The agency may mandate prior authorization, drug therapy
 2605  management, or disease management participation for certain
 2606  populations of Medicaid beneficiaries, certain drug classes, or
 2607  particular drugs to prevent fraud, abuse, overuse, and possible
 2608  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2609  Committee shall make recommendations to the agency on drugs for
 2610  which prior authorization is required. The agency shall inform
 2611  the Pharmaceutical and Therapeutics Committee of its decisions
 2612  regarding drugs subject to prior authorization. The agency is
 2613  authorized to limit the entities it contracts with or enrolls as
 2614  Medicaid providers by developing a provider network through
 2615  provider credentialing. The agency may competitively bid single
 2616  source-provider contracts if procurement of goods or services
 2617  results in demonstrated cost savings to the state without
 2618  limiting access to care. The agency may limit its network based
 2619  on the assessment of beneficiary access to care, provider
 2620  availability, provider quality standards, time and distance
 2621  standards for access to care, the cultural competence of the
 2622  provider network, demographic characteristics of Medicaid
 2623  beneficiaries, practice and provider-to-beneficiary standards,
 2624  appointment wait times, beneficiary use of services, provider
 2625  turnover, provider profiling, provider licensure history,
 2626  previous program integrity investigations and findings, peer
 2627  review, provider Medicaid policy and billing compliance records,
 2628  clinical and medical record audits, and other factors. Providers
 2629  shall not be entitled to enrollment in the Medicaid provider
 2630  network. The agency shall determine instances in which allowing
 2631  Medicaid beneficiaries to purchase durable medical equipment and
 2632  other goods is less expensive to the Medicaid program than long
 2633  term rental of the equipment or goods. The agency may establish
 2634  rules to facilitate purchases in lieu of long-term rentals in
 2635  order to protect against fraud and abuse in the Medicaid program
 2636  as defined in s. 409.913. The agency may seek federal waivers
 2637  necessary to administer these policies.
 2638         (32) Each managed care plan that is under contract with the
 2639  agency to provide health care services to Medicaid recipients
 2640  shall annually conduct a background check with the Florida
 2641  Department of Law Enforcement of all persons with ownership
 2642  interest of 5 percent or more or executive management
 2643  responsibility for the managed care plan and shall submit to the
 2644  agency information concerning any such person who has been found
 2645  guilty of, regardless of adjudication, or has entered a plea of
 2646  nolo contendere or guilty to, any of the offenses listed in s.
 2647  435.04 435.03.
 2648         Section 51. Paragraph (e) of subsection (1) of section
 2649  464.018, Florida Statutes, is amended to read:
 2650         464.018 Disciplinary actions.—
 2651         (1) The following acts constitute grounds for denial of a
 2652  license or disciplinary action, as specified in s. 456.072(2):
 2653         (e) Having been found guilty of, regardless of
 2654  adjudication, or entered a plea of nolo contendere or guilty to,
 2655  any offense prohibited under s. 435.04 435.03 or under any
 2656  similar statute of another jurisdiction; or having committed an
 2657  act which constitutes domestic violence as defined in s. 741.28.
 2658         Section 52. Paragraph (m) of subsection (1) of section
 2659  468.3101, Florida Statutes, is amended to read:
 2660         468.3101 Disciplinary grounds and actions.—
 2661         (1) The department may make or require to be made any
 2662  investigations, inspections, evaluations, and tests, and require
 2663  the submission of any documents and statements, which it
 2664  considers necessary to determine whether a violation of this
 2665  part has occurred. The following acts shall be grounds for
 2666  disciplinary action as set forth in this section:
 2667         (m) Having been found guilty of, regardless of
 2668  adjudication, or pleading guilty or nolo contendere to, any
 2669  offense prohibited under s. 435.04 435.03 or under any similar
 2670  statute of another jurisdiction.
 2671         Section 53. Subsection (3) of section 744.309, Florida
 2672  Statutes, is amended to read:
 2673         744.309 Who may be appointed guardian of a resident ward.—
 2674         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 2675  of a felony or who, from any incapacity or illness, is incapable
 2676  of discharging the duties of a guardian, or who is otherwise
 2677  unsuitable to perform the duties of a guardian, shall be
 2678  appointed to act as guardian. Further, no person who has been
 2679  judicially determined to have committed abuse, abandonment, or
 2680  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 2681  (2), and (37), or who has been found guilty of, regardless of
 2682  adjudication, or entered a plea of nolo contendere or guilty to,
 2683  any offense prohibited under s. 435.04 435.03 or under any
 2684  similar statute of another jurisdiction, shall be appointed to
 2685  act as a guardian. Except as provided in subsection (5) or
 2686  subsection (6), a person who provides substantial services to
 2687  the proposed ward in a professional or business capacity, or a
 2688  creditor of the proposed ward, may not be appointed guardian and
 2689  retain that previous professional or business relationship. A
 2690  person may not be appointed a guardian if he or she is in the
 2691  employ of any person, agency, government, or corporation that
 2692  provides service to the proposed ward in a professional or
 2693  business capacity, except that a person so employed may be
 2694  appointed if he or she is the spouse, adult child, parent, or
 2695  sibling of the proposed ward or the court determines that the
 2696  potential conflict of interest is insubstantial and that the
 2697  appointment would clearly be in the proposed ward’s best
 2698  interest. The court may not appoint a guardian in any other
 2699  circumstance in which a conflict of interest may occur.
 2700         Section 54. Subsection (12) of section 744.474, Florida
 2701  Statutes, is amended to read:
 2702         744.474 Reasons for removal of guardian.—A guardian may be
 2703  removed for any of the following reasons, and the removal shall
 2704  be in addition to any other penalties prescribed by law:
 2705         (12) Having been found guilty of, regardless of
 2706  adjudication, or entered a plea of nolo contendere or guilty to,
 2707  any offense prohibited under s. 435.04 435.03 or under any
 2708  similar statute of another jurisdiction.
 2709         Section 55. Paragraph (a) of subsection (6) of section
 2710  985.04, Florida Statutes, is amended to read:
 2711         985.04 Oaths; records; confidential information.—
 2712         (6)(a) Records maintained by the department, including
 2713  copies of records maintained by the court, which pertain to a
 2714  child found to have committed a delinquent act which, if
 2715  committed by an adult, would be a crime specified in s. ss.
 2716  435.03 and 435.04 may not be destroyed under this section for a
 2717  period of 25 years after the youth’s final referral to the
 2718  department, except in cases of the death of the child. Such
 2719  records, however, shall be sealed by the court for use only in
 2720  meeting the screening requirements for personnel in s. 402.3055
 2721  and the other sections cited above, or under departmental rule;
 2722  however, current criminal history information must be obtained
 2723  from the Department of Law Enforcement in accordance with s.
 2724  943.053. The information shall be released to those persons
 2725  specified in the above cited sections for the purposes of
 2726  complying with those sections. The court may punish by contempt
 2727  any person who releases or uses the records for any unauthorized
 2728  purpose.
 2729         Section 56. Section 409.1758, Florida Statutes, is
 2730  repealed.
 2731         Section 57. Paragraph (d) of subsection (4) of section
 2732  456.039, Florida Statutes, is repealed.
 2733         Section 58. The changes made by this act are intended to be
 2734  prospective in nature. It is not intended that persons who are
 2735  employed or licensed on the effective date of this act be
 2736  rescreened until such time as they are otherwise required to be
 2737  rescreened pursuant to law, at which time they must meet the
 2738  requirements for screening as set forth in this act.
 2739         Section 59. This act shall take effect August 1, 2010.

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