July 15, 2020
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       Florida Senate - 2010                                    SB 2416
       
       
       
       By Senator Crist
       
       
       
       
       12-01924A-10                                          20102416__
    1                        A bill to be entitled                      
    2         An act relating to background screening; amending s.
    3         39.821, F.S.; revising background screening
    4         requirements for the Guardian Ad Litem Program;
    5         amending s. 215.5586, F.S.; removing reference to
    6         chapter 435, F.S., for background screening of
    7         hurricane mitigation inspectors; amending s. 393.0655,
    8         F.S.; adding additional disqualifying offenses for the
    9         screening of direct service providers for persons with
   10         developmental disabilities; amending s. 394.4572,
   11         F.S.; revising background screening requirements for
   12         mental health personnel; amending s. 400.215, F.S.;
   13         revising background screening requirements for nursing
   14         home personnel; amending s. 400.506, F.S.; conforming
   15         provisions to changes made by the act; amending s.
   16         400.512, F.S.; revising background screening
   17         requirements for home health agency personnel, nurse
   18         registry personnel, and companions and homemakers;
   19         amending s. 400.6065, F.S.; revising background
   20         screening requirements for hospices; amending s.
   21         400.801, F.S.; revising background screening
   22         requirements for homes for special services; amending
   23         s. 400.805, F.S.; revising background screening
   24         requirements for transitional living facilities;
   25         creating s. 400.9065, F.S.; providing background
   26         screening requirements for prescribed pediatric
   27         extended care centers; amending s. 400.934, F.S.;
   28         revising minimum standards for home medical equipment
   29         providers; amending s. 400.953, F.S.; revising
   30         background screening requirements for home medical
   31         equipment providers; repealing s. 400.955, F.S.,
   32         relating to the procedures for screening of home
   33         medical equipment provider personnel; amending s.
   34         400.964, F.S.; revising background screening
   35         requirements for intermediate care facilities for
   36         developmentally disabled persons; amending s. 400.980,
   37         F.S.; revising background screening requirements for
   38         health care services pools; amending s. 400.991, F.S.;
   39         revising background screening requirements for health
   40         care clinics; amending s. 408.806, F.S.; adding a
   41         requirement for an affidavit relating to background
   42         screening to the license application process under the
   43         Agency for Health Care Administration; amending s.
   44         408.808, F.S.; conforming provisions to changes made
   45         by the act; amending s. 408.809, F.S.; revising
   46         background screening requirements under the Agency for
   47         Health Care Administration; requiring electronic
   48         submission of fingerprints; amending s. 409.175, F.S.;
   49         revising background screening requirements for
   50         employees and volunteers in summer day camps and
   51         summer 24-hour camps; amending s. 409.221, F.S.;
   52         revising background screening requirements for persons
   53         who render consumer-directed care; amending s.
   54         409.907, F.S.; revising background screening
   55         requirements for Medicaid providers; amending s.
   56         429.14, F.S.; revising administrative penalty
   57         provisions relating to assisted living facilities;
   58         amending s. 429.174, F.S.; revising background
   59         screening requirements for assisted living facilities;
   60         amending s. 429.67, F.S.; revising licensure
   61         requirements for adult family-care homes; amending s.
   62         429.69, F.S.; revising background screening
   63         requirements for adult family-care homes; amending s.
   64         429.911, F.S.; revising administrative penalty
   65         provisions relating to adult day care centers;
   66         amending s. 429.919, F.S.; revising background
   67         screening requirements for adult day care centers;
   68         creating s. 430.60, F.S.; providing background
   69         screening requirements for direct service providers
   70         under the Department of Elderly Affairs; amending s.
   71         435.01, F.S.; revising provisions related to the
   72         applicability of the chapter, statutory references to
   73         the chapter, and rulemaking; providing construction
   74         with respect to the doctrine of incorporation by
   75         reference; amending s. 435.02, F.S.; revising and
   76         adding definitions; amending s. 435.03, F.S.; revising
   77         level 1 screening standards; adding disqualifying
   78         offenses; amending s. 435.04, F.S.; revising level 2
   79         screening standards; requiring electronic submission
   80         of fingerprints after a certain date; authorizing
   81         agencies to contract for electronic fingerprinting;
   82         adding disqualifying offenses; amending s. 435.05,
   83         F.S.; revising background check requirements for
   84         covered employees and employers; amending s. 435.06,
   85         F.S.; revising provisions relating to exclusion from
   86         employment; providing that an employer may not hire,
   87         select, or otherwise allow an employee contact with
   88         any vulnerable person until the screening process is
   89         completed; requiring removal of an employee arrested
   90         for disqualifying offenses from roles requiring
   91         background screening until the employee’s eligibility
   92         for employment is determined; amending s. 435.07,
   93         F.S.; revising provisions relating to exemptions from
   94         disqualification; amending s. 435.08, F.S.; revising
   95         provisions relating to the payment for processing of
   96         fingerprints and criminal history records checks;
   97         amending s. 464.203, F.S.; conforming provisions to
   98         changes made by the act; amending s. 489.115, F.S.;
   99         removing reference to chapter 435, F.S., for
  100         background screening of construction contractors;
  101         amending s. 943.05, F.S.; revising provisions relating
  102         to the Criminal Justice Information Program under the
  103         Department of Law Enforcement; authorizing agencies to
  104         request the retention of certain fingerprints by the
  105         department; providing for rulemaking to require
  106         employers to keep the agencies informed of any change
  107         in the affiliation, employment, or contractual status
  108         of each person whose fingerprints are retained in
  109         certain circumstances; providing departmental duties
  110         upon notification that a federal fingerprint retention
  111         program is in effect; amending s. 943.053, F.S.;
  112         removing obsolete references relating to the
  113         dissemination of criminal justice information;
  114         amending s. 985.644, F.S.; revising background
  115         screening requirements for the Department of Juvenile
  116         Justice; authorizing rulemaking; amending ss.
  117         381.60225, 409.912, 464.018, 468.3101, 744.309,
  118         744.474, and 985.04, F.S.; conforming provisions to
  119         changes made to ch. 435, F.S., by this act; providing
  120         for prospective application of the act; providing an
  121         effective date.
  122  
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Subsection (1) of section 39.821, Florida
  126  Statutes, is amended to read:
  127         39.821 Qualifications of guardians ad litem.—
  128         (1) Because of the special trust or responsibility placed
  129  in a guardian ad litem, the Guardian Ad Litem Program may use
  130  any private funds collected by the program, or any state funds
  131  so designated, to conduct a security background investigation
  132  before certifying a volunteer to serve. A security background
  133  investigation must include, but need not be limited to,
  134  employment history checks, checks of references, local criminal
  135  records checks through local law enforcement agencies, and
  136  statewide criminal records checks through the Department of Law
  137  Enforcement. Upon request, an employer shall furnish a copy of
  138  the personnel record for the employee or former employee who is
  139  the subject of a security background investigation conducted
  140  under this section. The information contained in the personnel
  141  record may include, but need not be limited to, disciplinary
  142  matters and the reason why the employee was terminated from
  143  employment. An employer who releases a personnel record for
  144  purposes of a security background investigation is presumed to
  145  have acted in good faith and is not liable for information
  146  contained in the record without a showing that the employer
  147  maliciously falsified the record. A security background
  148  investigation conducted under this section must ensure that a
  149  person is not certified as a guardian ad litem if the person has
  150  been convicted of, regardless of adjudication, or entered a plea
  151  of nolo contendere or guilty to, any offense prohibited under
  152  the provisions listed in s. 435.04. All applicants certified
  153  after July 1, 2010, must undergo a level 2 background screening
  154  pursuant to chapter 435 before being certified the provisions of
  155  the Florida Statutes specified in s. 435.04(2) or under any
  156  similar law in another jurisdiction. Before certifying an
  157  applicant to serve as a guardian ad litem, the Guardian Ad Litem
  158  Program may request a federal criminal records check of the
  159  applicant through the Federal Bureau of Investigation. In
  160  analyzing and evaluating the information obtained in the
  161  security background investigation, the program must give
  162  particular emphasis to past activities involving children,
  163  including, but not limited to, child-related criminal offenses
  164  or child abuse. The program has the sole discretion in
  165  determining whether to certify a person based on his or her
  166  security background investigation. The information collected
  167  pursuant to the security background investigation is
  168  confidential and exempt from s. 119.07(1).
  169         Section 2. Paragraph (b) of subsection (1) of section
  170  215.5586, Florida Statutes, is amended to read:
  171         215.5586 My Safe Florida Home Program.—There is established
  172  within the Department of Financial Services the My Safe Florida
  173  Home Program. The department shall provide fiscal
  174  accountability, contract management, and strategic leadership
  175  for the program, consistent with this section. This section does
  176  not create an entitlement for property owners or obligate the
  177  state in any way to fund the inspection or retrofitting of
  178  residential property in this state. Implementation of this
  179  program is subject to annual legislative appropriations. It is
  180  the intent of the Legislature that the My Safe Florida Home
  181  Program provide trained and certified inspectors to perform
  182  inspections for owners of site-built, single-family, residential
  183  properties and grants to eligible applicants as funding allows.
  184  The program shall develop and implement a comprehensive and
  185  coordinated approach for hurricane damage mitigation that may
  186  include the following:
  187         (1) HURRICANE MITIGATION INSPECTIONS.—
  188         (b) To qualify for selection by the department as a wind
  189  certification entity to provide hurricane mitigation
  190  inspections, the entity shall, at a minimum, meet the following
  191  requirements:
  192         1. Use hurricane mitigation inspectors who:
  193         a. Are certified as a building inspector under s. 468.607;
  194         b. Are licensed as a general or residential contractor
  195  under s. 489.111;
  196         c. Are licensed as a professional engineer under s. 471.015
  197  and who have passed the appropriate equivalency test of the
  198  building code training program as required by s. 553.841;
  199         d. Are licensed as a professional architect under s.
  200  481.213; or
  201         e. Have at least 2 years of experience in residential
  202  construction or residential building inspection and have
  203  received specialized training in hurricane mitigation
  204  procedures. Such training may be provided by a class offered
  205  online or in person.
  206         2. Use hurricane mitigation inspectors who also:
  207         a. Have undergone drug testing and a level 2 background
  208  screening checks pursuant to s. 435.04. The department may
  209  conduct criminal record checks of inspectors used by wind
  210  certification entities. Inspectors must submit a set of the
  211  fingerprints to the department for state and national criminal
  212  history checks and must pay the fingerprint processing fee set
  213  forth in s. 624.501. The fingerprints shall be sent by the
  214  department to the Department of Law Enforcement and forwarded to
  215  the Federal Bureau of Investigation for processing. The results
  216  shall be returned to the department for screening. The
  217  fingerprints shall be taken by a law enforcement agency,
  218  designated examination center, or other department-approved
  219  entity; and
  220         b. Have been certified, in a manner satisfactory to the
  221  department, to conduct the inspections.
  222         3. Provide a quality assurance program including a
  223  reinspection component.
  224         Section 3. Subsection (5) is added to section 393.0655,
  225  Florida Statutes, to read:
  226         393.0655 Screening of direct service providers.—
  227         (5) DISQUALIFYING OFFENSES.—The background screening
  228  conducted under this section must ensure that, in addition to
  229  the disqualifying offenses listed in s. 435.04, no person
  230  subject to the provisions of this section has been found guilty
  231  of, regardless of adjudication, or entered a plea of nolo
  232  contendere or guilty to, any offense prohibited under any of the
  233  following provisions of the Florida Statutes or under any
  234  similar statute of another jurisdiction:
  235         (a) Any authorizing statutes, if the offense was a felony.
  236         (b) This chapter, if the offense was a felony.
  237         (c) Section 409.920, relating to Medicaid provider fraud.
  238         (d) Section 409.9201, relating to Medicaid fraud.
  239         (e) Section 817.034, relating to fraudulent acts through
  240  mail, wire, radio, electromagnetic, photoelectronic, or
  241  photooptical systems.
  242         (f) Section 817.234, relating to false and fraudulent
  243  insurance claims.
  244         (g) Section 817.505, relating to patient brokering.
  245         (h) Section 817.568, relating to criminal use of personal
  246  identification information.
  247         (i) Section 817.60, relating to obtaining a credit card
  248  through fraudulent means.
  249         (j) Section 817.61, relating to fraudulent use of credit
  250  cards, if the offense was a felony.
  251         (k) Section 831.01, relating to forgery.
  252         (l) Section 831.02, relating to uttering forged
  253  instruments.
  254         (m) Section 831.07, relating to forging bank bills, checks,
  255  drafts, or promissory notes.
  256         (n) Section 831.09, relating to uttering forged bank bills,
  257  checks, drafts, or promissory notes.
  258         Section 4. Section 394.4572, Florida Statutes, is amended
  259  to read:
  260         394.4572 Screening of mental health personnel.—
  261         (1)(a) The department and the Agency for Health Care
  262  Administration shall require level 2 background employment
  263  screening pursuant to chapter 435 for mental health personnel
  264  using the standards for level 2 screening set forth in chapter
  265  435. “Mental health personnel” includes all program directors,
  266  professional clinicians, staff members, and volunteers working
  267  in public or private mental health programs and facilities who
  268  have direct contact with individuals held for examination or
  269  admitted for mental health treatment unmarried patients under
  270  the age of 18 years. For purposes of this chapter, employment
  271  screening of mental health personnel shall also include, but is
  272  not limited to, employment screening as provided under chapter
  273  435 and s. 408.809.
  274         (b) Students in the health care professions who are
  275  interning in a mental health facility licensed under chapter
  276  395, where the primary purpose of the facility is not the
  277  treatment of minors, are exempt from the fingerprinting and
  278  screening requirements, if provided they are under direct
  279  supervision in the actual physical presence of a licensed health
  280  care professional.
  281         (c) Mental health personnel working in a facility licensed
  282  under chapter 395 who have less than 15 hours per week of direct
  283  contact with patients or who are health care professionals
  284  licensed by the Agency for Health Care Administration or a board
  285  thereunder are exempt from the fingerprinting and screening
  286  requirements, except for persons working in mental health
  287  facilities where the primary purpose of the facility is the
  288  treatment of minors.
  289         (d) A volunteer who assists on an intermittent basis for
  290  less than 40 hours per month is exempt from the fingerprinting
  291  and screening requirements, provided the volunteer is under
  292  direct and constant supervision by persons who meet the
  293  screening requirements of paragraph (a).
  294         (2) The department or the Agency for Health Care
  295  Administration may grant exemptions from disqualification as
  296  provided in chapter 435 s. 435.06.
  297         (3) Prospective mental health personnel who have previously
  298  been fingerprinted or screened pursuant to this chapter, chapter
  299  393, chapter 397, chapter 402, or chapter 409, or teachers who
  300  have been fingerprinted pursuant to chapter 1012, who have not
  301  been unemployed for more than 90 days thereafter, and who under
  302  the penalty of perjury attest to the completion of such
  303  fingerprinting or screening and to compliance with the
  304  provisions of this section and the standards for level 1
  305  screening contained in chapter 435, shall not be required to be
  306  refingerprinted or rescreened in order to comply with any
  307  screening requirements of this part.
  308         Section 5. Section 400.215, Florida Statutes, is amended to
  309  read:
  310         400.215 Personnel screening requirement.—
  311         (1) The agency shall require level 2 background screening
  312  for personnel as required in s. 408.809(1)(e) pursuant to as
  313  provided in chapter 435 and s. 408.809. for all employees or
  314  prospective employees of facilities licensed under this part who
  315  are expected to, or whose responsibilities may require them to:
  316         (a) Provide personal care or services to residents;
  317         (b) Have access to resident living areas; or
  318         (c) Have access to resident funds or other personal
  319  property.
  320         (2) Employers and employees shall comply with the
  321  requirements of s. 435.05.
  322         (a) Notwithstanding the provisions of s. 435.05(1),
  323  facilities must have in their possession evidence that level 1
  324  screening has been completed before allowing an employee to
  325  begin working with patients as provided in subsection (1). All
  326  information necessary for conducting background screening using
  327  level 1 standards as specified in s. 435.03 shall be submitted
  328  by the nursing facility to the agency. Results of the background
  329  screening shall be provided by the agency to the requesting
  330  nursing facility.
  331         (b) Employees qualified under the provisions of paragraph
  332  (a) who have not maintained continuous residency within the
  333  state for the 5 years immediately preceding the date of request
  334  for background screening must complete level 2 screening, as
  335  provided in chapter 435. Such employees may work in a
  336  conditional status up to 180 days pending the receipt of written
  337  findings evidencing the completion of level 2 screening. Level 2
  338  screening shall not be required of employees or prospective
  339  employees who attest in writing under penalty of perjury that
  340  they meet the residency requirement. Completion of level 2
  341  screening shall require the employee or prospective employee to
  342  furnish to the nursing facility a full set of fingerprints to
  343  enable a criminal background investigation to be conducted. The
  344  nursing facility shall submit the completed fingerprint card to
  345  the agency. The agency shall establish a record of the request
  346  in the database provided for in paragraph (c) and forward the
  347  request to the Department of Law Enforcement, which is
  348  authorized to submit the fingerprints to the Federal Bureau of
  349  Investigation for a national criminal history records check. The
  350  results of the national criminal history records check shall be
  351  returned to the agency, which shall maintain the results in the
  352  database provided for in paragraph (c). The agency shall notify
  353  the administrator of the requesting nursing facility or the
  354  administrator of any other facility licensed under chapter 393,
  355  chapter 394, chapter 395, chapter 397, chapter 429, or this
  356  chapter, as requested by such facility, as to whether or not the
  357  employee has qualified under level 1 or level 2 screening. An
  358  employee or prospective employee who has qualified under level 2
  359  screening and has maintained such continuous residency within
  360  the state shall not be required to complete a subsequent level 2
  361  screening as a condition of employment at another facility.
  362         (c) The agency shall establish and maintain a database of
  363  background screening information which shall include the results
  364  of both level 1 and level 2 screening. The Department of Law
  365  Enforcement shall timely provide to the agency, electronically,
  366  the results of each statewide screening for incorporation into
  367  the database. The agency shall, upon request from any facility,
  368  agency, or program required by or authorized by law to screen
  369  its employees or applicants, notify the administrator of the
  370  facility, agency, or program of the qualifying or disqualifying
  371  status of the employee or applicant named in the request.
  372         (d) Applicants and employees shall be excluded from
  373  employment pursuant to s. 435.06.
  374         (3) The applicant is responsible for paying the fees
  375  associated with obtaining the required screening. Payment for
  376  the screening shall be submitted to the agency. The agency shall
  377  establish a schedule of fees to cover the costs of level 1 and
  378  level 2 screening. Facilities may reimburse employees for these
  379  costs. The Department of Law Enforcement shall charge the agency
  380  for a level 1 or level 2 screening a rate sufficient to cover
  381  the costs of such screening pursuant to s. 943.053(3). The
  382  agency shall, as allowable, reimburse nursing facilities for the
  383  cost of conducting background screening as required by this
  384  section. This reimbursement will not be subject to any rate
  385  ceilings or payment targets in the Medicaid Reimbursement plan.
  386         (4)(a) As provided in s. 435.07, the agency may grant an
  387  exemption from disqualification to an employee or prospective
  388  employee who is subject to this section and who has not received
  389  a professional license or certification from the Department of
  390  Health.
  391         (b) As provided in s. 435.07, the appropriate regulatory
  392  board within the Department of Health, or that department itself
  393  when there is no board, may grant an exemption from
  394  disqualification to an employee or prospective employee who is
  395  subject to this section and who has received a professional
  396  license or certification from the Department of Health or a
  397  regulatory board within that department.
  398         (5) Any provision of law to the contrary notwithstanding,
  399  persons who have been screened and qualified as required by this
  400  section and who have not been unemployed for more than 180 days
  401  thereafter, and who under penalty of perjury attest to not
  402  having been convicted of a disqualifying offense since the
  403  completion of such screening, shall not be required to be
  404  rescreened. An employer may obtain, pursuant to s. 435.10,
  405  written verification of qualifying screening results from the
  406  previous employer or other entity which caused such screening to
  407  be performed.
  408         (6) The agency and the Department of Health shall have
  409  authority to adopt rules pursuant to the Administrative
  410  Procedure Act to implement this section.
  411         (7) All employees shall comply with the requirements of
  412  this section by October 1, 1998. No current employee of a
  413  nursing facility as of the effective date of this act shall be
  414  required to submit to rescreening if the nursing facility has in
  415  its possession written evidence that the person has been
  416  screened and qualified according to level 1 standards as
  417  specified in s. 435.03(1). Any current employee who meets the
  418  level 1 requirement but does not meet the 5-year residency
  419  requirement as specified in this section must provide to the
  420  employing nursing facility written attestation under penalty of
  421  perjury that the employee has not been convicted of a
  422  disqualifying offense in another state or jurisdiction. All
  423  applicants hired on or after October 1, 1998, shall comply with
  424  the requirements of this section.
  425         (8) There is no monetary or unemployment liability on the
  426  part of, and no cause of action for damages arising against an
  427  employer that, upon notice of a disqualifying offense listed
  428  under chapter 435 or an act of domestic violence, terminates the
  429  employee against whom the report was issued, whether or not the
  430  employee has filed for an exemption with the Department of
  431  Health or the Agency for Health Care Administration.
  432         Section 6. Subsection (9) of section 400.506, Florida
  433  Statutes, is amended to read:
  434         400.506 Licensure of nurse registries; requirements;
  435  penalties.—
  436         (9) Each nurse registry must comply with the background
  437  screening requirements procedures set forth in s. 400.512 for
  438  maintaining records of the work history of all persons referred
  439  for contract and is subject to the standards and conditions set
  440  forth in that section. However, an initial screening may not be
  441  required for persons who have been continuously registered with
  442  the nurse registry since October 1, 2000.
  443         Section 7. Section 400.512, Florida Statutes, is amended to
  444  read:
  445         400.512 Screening of home health agency personnel; nurse
  446  registry personnel; and companions and homemakers.—The agency
  447  shall require level 2 background screening for personnel as
  448  required in s. 408.809(1)(e) pursuant to chapter 435 and s.
  449  408.809 employment or contractor screening as provided in
  450  chapter 435, using the level 1 standards for screening set forth
  451  in that chapter, for home health agency personnel; persons
  452  referred for employment by nurse registries; and persons
  453  employed by companion or homemaker services registered under s.
  454  400.509.
  455         (1)(a) The Agency for Health Care Administration may, upon
  456  request, grant exemptions from disqualification from employment
  457  or contracting under this section as provided in s. 435.07,
  458  except for health care practitioners licensed by the Department
  459  of Health or a regulatory board within that department.
  460         (b) The appropriate regulatory board within the Department
  461  of Health, or that department itself when there is no board,
  462  may, upon request of the licensed health care practitioner,
  463  grant exemptions from disqualification from employment or
  464  contracting under this section as provided in s. 435.07.
  465         (2) The administrator of each home health agency, the
  466  managing employee of each nurse registry, and the managing
  467  employee of each companion or homemaker service registered under
  468  s. 400.509 must sign an affidavit annually, under penalty of
  469  perjury, stating that all personnel hired or contracted with or
  470  registered on or after October 1, 2000, who enter the home of a
  471  patient or client in their service capacity have been screened.
  472         (3) As a prerequisite to operating as a home health agency,
  473  nurse registry, or companion or homemaker service under s.
  474  400.509, the administrator or managing employee, respectively,
  475  must submit to the agency his or her name and any other
  476  information necessary to conduct a complete screening according
  477  to this section. The agency shall submit the information to the
  478  Department of Law Enforcement for state processing. The agency
  479  shall review the record of the administrator or manager with
  480  respect to the offenses specified in this section and shall
  481  notify the owner of its findings. If disposition information is
  482  missing on a criminal record, the administrator or manager, upon
  483  request of the agency, must obtain and supply within 30 days the
  484  missing disposition information to the agency. Failure to supply
  485  missing information within 30 days or to show reasonable efforts
  486  to obtain such information will result in automatic
  487  disqualification.
  488         (4) Proof of compliance with the screening requirements of
  489  chapter 435 shall be accepted in lieu of the requirements of
  490  this section if the person has been continuously employed or
  491  registered without a breach in service that exceeds 180 days,
  492  the proof of compliance is not more than 2 years old, and the
  493  person has been screened by the Department of Law Enforcement. A
  494  home health agency, nurse registry, or companion or homemaker
  495  service registered under s. 400.509 shall directly provide proof
  496  of compliance to another home health agency, nurse registry, or
  497  companion or homemaker service registered under s. 400.509. The
  498  recipient home health agency, nurse registry, or companion or
  499  homemaker service registered under s. 400.509 may not accept any
  500  proof of compliance directly from the person who requires
  501  screening. Proof of compliance with the screening requirements
  502  of this section shall be provided upon request to the person
  503  screened by the home health agencies; nurse registries; or
  504  companion or homemaker services registered under s. 400.509.
  505         (5) There is no monetary liability on the part of, and no
  506  cause of action for damages arises against, a licensed home
  507  health agency, licensed nurse registry, or companion or
  508  homemaker service registered under s. 400.509, that, upon notice
  509  that the employee or contractor has been found guilty of,
  510  regardless of adjudication, or entered a plea of nolo contendere
  511  or guilty to, any offense prohibited under s. 435.03 or under
  512  any similar statute of another jurisdiction, terminates the
  513  employee or contractor, whether or not the employee or
  514  contractor has filed for an exemption with the agency in
  515  accordance with chapter 435 and whether or not the time for
  516  filing has expired.
  517         (6) The costs of processing the statewide correspondence
  518  criminal records checks must be borne by the home health agency;
  519  the nurse registry; or the companion or homemaker service
  520  registered under s. 400.509, or by the person being screened, at
  521  the discretion of the home health agency, nurse registry, or s.
  522  400.509 registrant.
  523         Section 8. Section 400.6065, Florida Statutes, is amended
  524  to read:
  525         400.6065 Background screening.—The agency shall require
  526  level 2 background employment or contractor screening for
  527  personnel as required in s. 408.809(1)(e) pursuant to chapter
  528  435 and s. 408.809 as provided in chapter 435, using the level 1
  529  standards for screening set forth in that chapter, for hospice
  530  personnel.
  531         Section 9. Subsection (2) of section 400.801, Florida
  532  Statutes, is amended to read:
  533         400.801 Homes for special services.—
  534         (2)(a) The requirements of part II of chapter 408 apply to
  535  the provision of services that require licensure pursuant to
  536  this section and part II of chapter 408 and entities licensed by
  537  or applying for such licensure from the agency pursuant to this
  538  section. A license issued by the agency is required in order to
  539  operate a home for special services in this state.
  540         (b) The agency shall require level 2 background screening
  541  for personnel as required in s. 408.809(1)(e) pursuant to
  542  chapter 435 and s. 408.809.
  543         Section 10. Paragraph (d) is added to subsection (2) of
  544  section 400.805, Florida Statutes, to read:
  545         400.805 Transitional living facilities.—
  546         (2)
  547         (d) The agency shall require level 2 background screening
  548  for personnel as required in s. 408.809(1)(e) pursuant to
  549  chapter 435 and s. 408.809.
  550         Section 11. Section 400.9065, Florida Statutes, is created
  551  to read:
  552         400.9065 Background screening.—The agency shall require
  553  level 2 background screening for personnel as required in s.
  554  408.809(1)(e) pursuant to chapter 435 and s. 408.809.
  555         Section 12. Subsection (16) of section 400.934, Florida
  556  Statutes, is amended to read:
  557         400.934 Minimum standards.—As a requirement of licensure,
  558  home medical equipment providers shall:
  559         (16) Establish procedures for maintaining a record of the
  560  employment history, including background screening as required
  561  by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
  562  medical equipment provider personnel. A home medical equipment
  563  provider must require its personnel to submit an employment
  564  history to the home medical equipment provider and must verify
  565  the employment history for at least the previous 5 years, unless
  566  through diligent efforts such verification is not possible.
  567  There is no monetary liability on the part of, and no cause of
  568  action for damages arising against a former employer, a
  569  prospective employee, or a prospective independent contractor
  570  with a licensed home medical equipment provider, who reasonably
  571  and in good faith communicates his or her honest opinions about
  572  a former employee’s job performance. This subsection does not
  573  affect the official immunity of an officer or employee of a
  574  public corporation.
  575         Section 13. Section 400.953, Florida Statutes, is amended
  576  to read:
  577         400.953 Background screening of home medical equipment
  578  provider personnel.—The agency shall require level 2 background
  579  screening for personnel as required in s. 408.809(1)(e) pursuant
  580  to chapter 435 and s. 408.809 employment screening as provided
  581  in chapter 435, using the level 1 standards for screening set
  582  forth in that chapter, for home medical equipment provider
  583  personnel.
  584         (1) The agency may grant exemptions from disqualification
  585  from employment under this section as provided in s. 435.07.
  586         (2) The general manager of each home medical equipment
  587  provider must sign an affidavit annually, under penalty of
  588  perjury, stating that all home medical equipment provider
  589  personnel hired on or after July 1, 1999, who enter the home of
  590  a patient in the capacity of their employment have been screened
  591  and that its remaining personnel have worked for the home
  592  medical equipment provider continuously since before July 1,
  593  1999.
  594         (3) Proof of compliance with the screening requirements of
  595  s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
  596  s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
  597  must be accepted in lieu of the requirements of this section if
  598  the person has been continuously employed in the same type of
  599  occupation for which he or she is seeking employment without a
  600  breach in service that exceeds 180 days, the proof of compliance
  601  is not more than 2 years old, and the person has been screened
  602  by the Department of Law Enforcement. An employer or contractor
  603  shall directly provide proof of compliance to another employer
  604  or contractor, and a potential employer or contractor may not
  605  accept any proof of compliance directly from the person
  606  requiring screening. Proof of compliance with the screening
  607  requirements of this section shall be provided, upon request, to
  608  the person screened by the home medical equipment provider.
  609         (4) There is no monetary liability on the part of, and no
  610  cause of action for damages arising against, a licensed home
  611  medical equipment provider that, upon notice that an employee
  612  has been found guilty of, regardless of adjudication, or entered
  613  a plea of nolo contendere or guilty to, any offense prohibited
  614  under s. 435.03 or under any similar statute of another
  615  jurisdiction, terminates the employee, whether or not the
  616  employee has filed for an exemption with the agency and whether
  617  or not the time for filing has expired.
  618         (5) The costs of processing the statewide correspondence
  619  criminal records checks must be borne by the home medical
  620  equipment provider or by the person being screened, at the
  621  discretion of the home medical equipment provider.
  622         (6) Neither the agency nor the home medical equipment
  623  provider may use the criminal records or juvenile records of a
  624  person for any purpose other than determining whether that
  625  person meets minimum standards of good moral character for home
  626  medical equipment provider personnel.
  627         (7)(a) It is a misdemeanor of the first degree, punishable
  628  as provided in s. 775.082 or s. 775.083, for any person
  629  willfully, knowingly, or intentionally to:
  630         1. Fail, by false statement, misrepresentation,
  631  impersonation, or other fraudulent means, to disclose in any
  632  application for paid employment a material fact used in making a
  633  determination as to the person’s qualifications to be an
  634  employee under this section;
  635         2. Operate or attempt to operate an entity licensed under
  636  this part with persons who do not meet the minimum standards for
  637  good moral character as contained in this section; or
  638         3. Use information from the criminal records obtained under
  639  this section for any purpose other than screening that person
  640  for employment as specified in this section, or release such
  641  information to any other person for any purpose other than
  642  screening for employment under this section.
  643         (b) It is a felony of the third degree, punishable as
  644  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  645  person willfully, knowingly, or intentionally to use information
  646  from the juvenile records of a person obtained under this
  647  section for any purpose other than screening for employment
  648  under this section.
  649         Section 14. Section 400.955, Florida Statutes, is repealed.
  650         Section 15. Section 400.964, Florida Statutes, is amended
  651  to read:
  652         400.964 Personnel screening requirement.—
  653         (1) The agency shall require level 2 background screening
  654  for personnel as required in s. 408.809(1)(e) pursuant to
  655  chapter 435 and s. 408.809 as provided in chapter 435 for all
  656  employees or prospective employees of facilities licensed under
  657  this part who are expected to be, or whose responsibilities are
  658  such that they would be considered to be, a direct service
  659  provider.
  660         (2) Employers and employees shall comply with the
  661  requirements of chapter 435.
  662         (3) Applicants and employees shall be excluded from
  663  employment pursuant to s. 435.06.
  664         (4) The applicant is responsible for paying the fees
  665  associated with obtaining the required screening. Payment for
  666  the screening must be submitted to the agency as prescribed by
  667  the agency.
  668         (5) Notwithstanding any other provision of law, persons who
  669  have been screened and qualified as required by this section and
  670  who have not been unemployed for more than 180 days thereafter,
  671  and who under penalty of perjury attest to not having been
  672  convicted of a disqualifying offense since the completion of
  673  such screening are not required to be rescreened. An employer
  674  may obtain, pursuant to s. 435.10, written verification of
  675  qualifying screening results from the previous employer or other
  676  entity that caused such screening to be performed.
  677         (6) The agency may adopt rules to administer this section.
  678         (7) All employees must comply with the requirements of this
  679  section by October 1, 2000. A person employed by a facility
  680  licensed pursuant to this part as of the effective date of this
  681  act is not required to submit to rescreening if the facility has
  682  in its possession written evidence that the person has been
  683  screened and qualified according to level 1 standards as
  684  specified in s. 435.03. Any current employee who meets the level
  685  1 requirement but does not meet the 5-year residency requirement
  686  must provide to the employing facility written attestation under
  687  penalty of perjury that the employee has not been convicted of a
  688  disqualifying offense in another state or jurisdiction. All
  689  applicants hired on or after October 1, 1999, must comply with
  690  the requirements of this section.
  691         (8) There is no monetary or unemployment liability on the
  692  part of, and no cause of action for damages arises against an
  693  employer that, upon notice of a disqualifying offense listed
  694  under chapter 435 or an act of domestic violence, terminates the
  695  employee, whether or not the employee has filed for an exemption
  696  with the Department of Health or the Agency for Health Care
  697  Administration.
  698         Section 16. Subsection (3) of section 400.980, Florida
  699  Statutes, is amended to read:
  700         400.980 Health care services pools.—
  701         (3) Upon receipt of a completed, signed, and dated
  702  application, The agency shall require level 2 background
  703  screening for personnel as required in s. 408.809(1)(e) pursuant
  704  to chapter 435 and s. 408.809, in accordance with the level 1
  705  standards for screening set forth in chapter 435, of every
  706  individual who will have contact with patients.
  707         Section 17. Subsection (5) of section 400.991, Florida
  708  Statutes, is amended to read:
  709         400.991 License requirements; background screenings;
  710  prohibitions.—
  711         (5) Each applicant for licensure shall comply with the
  712  following requirements:
  713         (a) As used in this subsection, the term “applicant” means
  714  individuals owning or controlling, directly or indirectly, 5
  715  percent or more of an interest in a clinic; the medical or
  716  clinic director, or a similarly titled person who is responsible
  717  for the day-to-day operation of the licensed clinic; the
  718  financial officer or similarly titled individual who is
  719  responsible for the financial operation of the clinic; and
  720  licensed health care practitioners at the clinic.
  721         (b) Upon receipt of a completed, signed, and dated
  722  application, The agency shall require level 2 background
  723  screening for applicants and personnel as required in s.
  724  408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
  725  applicant, in accordance with the level 2 standards for
  726  screening set forth in chapter 435. Proof of compliance with the
  727  level 2 background screening requirements of chapter 435 which
  728  has been submitted within the previous 5 years in compliance
  729  with any other health care licensure requirements of this state
  730  is acceptable in fulfillment of this paragraph. Applicants who
  731  own less than 10 percent of a health care clinic are not
  732  required to submit fingerprints under this section.
  733         (c) Each applicant must submit to the agency, with the
  734  application, a description and explanation of any exclusions,
  735  permanent suspensions, or terminations of an applicant from the
  736  Medicare or Medicaid programs. Proof of compliance with the
  737  requirements for disclosure of ownership and control interest
  738  under the Medicaid or Medicare programs may be accepted in lieu
  739  of this submission. The description and explanation may indicate
  740  whether such exclusions, suspensions, or terminations were
  741  voluntary or not voluntary on the part of the applicant.
  742         (d) A license may not be granted to a clinic if the
  743  applicant has been found guilty of, regardless of adjudication,
  744  or has entered a plea of nolo contendere or guilty to, any
  745  offense prohibited under the level 2 standards for screening set
  746  forth in chapter 435, or a violation of insurance fraud under s.
  747  817.234, within the past 5 years. If the applicant has been
  748  convicted of an offense prohibited under the level 2 standards
  749  or insurance fraud in any jurisdiction, the applicant must show
  750  that his or her civil rights have been restored prior to
  751  submitting an application.
  752         Section 18. Paragraph (h) is added to subsection (1) of
  753  section 408.806, Florida Statutes, to read:
  754         408.806 License application process.—
  755         (1) An application for licensure must be made to the agency
  756  on forms furnished by the agency, submitted under oath, and
  757  accompanied by the appropriate fee in order to be accepted and
  758  considered timely. The application must contain information
  759  required by authorizing statutes and applicable rules and must
  760  include:
  761         (h) An affidavit, under penalty of perjury, stating that
  762  all persons subject to background screening as required by this
  763  part, authorizing statutes, and applicable rules have been
  764  screened and are qualified.
  765         Section 19. Subsection (2) of section 408.808, Florida
  766  Statutes, is amended to read:
  767         408.808 License categories.—
  768         (2) PROVISIONAL LICENSE.—A provisional license may be
  769  issued to an applicant pursuant to s. 408.809(3). An applicant
  770  against whom a proceeding denying or revoking a license is
  771  pending at the time of license renewal may be issued a
  772  provisional license effective until final action not subject to
  773  further appeal. A provisional license may also be issued to an
  774  applicant applying for a change of ownership. A provisional
  775  license shall be limited in duration to a specific period of
  776  time, not to exceed 12 months, as determined by the agency.
  777         Section 20. Section 408.809, Florida Statutes, is amended
  778  to read:
  779         408.809 Background screening; prohibited offenses.—
  780         (1) Level 2 background screening pursuant to chapter 435
  781  must be conducted through the agency on each of the following
  782  persons, who shall be considered an employee for the purposes of
  783  conducting screening under chapter 435:
  784         (a) The licensee, if an individual.
  785         (b) The administrator or a similarly titled person who is
  786  responsible for the day-to-day operation of the provider.
  787         (c) The financial officer or similarly titled individual
  788  who is responsible for the financial operation of the licensee
  789  or provider.
  790         (d) Any person who is a controlling interest if the agency
  791  has reason to believe that such person has been convicted of any
  792  offense prohibited by s. 435.04. For each controlling interest
  793  who has been convicted of any such offense, the licensee shall
  794  submit to the agency a description and explanation of the
  795  conviction at the time of license application.
  796         (e) Any person, as required by authorizing statutes,
  797  seeking employment with a licensee or provider who is expected
  798  to, or whose responsibilities may require him or her to, provide
  799  personal care or services directly to clients; and any person,
  800  as required by authorizing statutes, contracting with a licensee
  801  or provider whose responsibilities require him or her to provide
  802  personal care or services directly to clients. Evidence of
  803  contractor screening may be retained by the contractor’s
  804  employer or the licensee. A person who is employed by or
  805  contracts with a licensee on or before June 30, 2010, is not
  806  required to submit to rescreening until such time as he or she
  807  is otherwise required to be rescreened pursuant to law if that
  808  licensee has in its possession written evidence that the person
  809  has been screened and qualified according to standards specified
  810  in s. 435.03 or s. 435.04.
  811         (2) Every 5 years following his or her licensure,
  812  employment, or entry into a contract in a capacity that under
  813  subsection (1) would require level 2 background screening under
  814  chapter 435, each such person must submit to level 2 background
  815  rescreening as a condition of retaining such license or
  816  continuing in such employment or contractual status. For any
  817  such rescreening, the agency shall request the Department of Law
  818  Enforcement to forward the person’s fingerprints to the Federal
  819  Bureau of Investigation for a national criminal history record
  820  check. If the fingerprints of such a person are not retained by
  821  the Department of Law Enforcement under s. 943.05(2)(g), the
  822  person must file a complete set of fingerprints with the agency.
  823  Upon the submission of fingerprints for this purpose, the agency
  824  shall request the Department of Law Enforcement to forward the
  825  fingerprints to the Federal Bureau of Investigation for a
  826  national criminal history record check, and the fingerprints may
  827  be retained by the Department of Law Enforcement under s.
  828  943.05(2)(g). The cost of the state and national criminal
  829  history records checks required by level 2 screening may be
  830  borne by the licensee or the person fingerprinted. Proof of
  831  compliance with level 2 screening standards submitted within the
  832  previous 5 years to meet any provider or professional licensure
  833  requirements of the agency, the Department of Health, the Agency
  834  for Persons with Disabilities, or the Department of Children and
  835  Family Services, or the Department of Financial Services for an
  836  applicant for a certificate of authority to operate a continuing
  837  care retirement community under chapter 651 satisfies the
  838  requirements of this section, provided that such proof is
  839  accompanied, under penalty of perjury, by an affidavit of
  840  compliance with the provisions of chapter 435 and this section
  841  using forms provided by the agency. Proof of compliance with the
  842  background screening requirements of the Department of Financial
  843  Services submitted within the previous 5 years for an applicant
  844  for a certificate of authority to operate a continuing care
  845  retirement community under chapter 651 satisfies the Department
  846  of Law Enforcement and Federal Bureau of Investigation portions
  847  of a level 2 background check.
  848         (3) All fingerprints must be provided in electronic format.
  849  Screening results shall be reviewed by the agency with respect
  850  to the offenses specified in s. 435.04 and this section and
  851  maintained in a database. The qualifying or disqualifying status
  852  of the person named in the request shall be posted on a secure
  853  website accessible to all licensees. A provisional license may
  854  be granted to an applicant when each individual required by this
  855  section to undergo background screening has met the standards
  856  for the Department of Law Enforcement background check but the
  857  agency has not yet received background screening results from
  858  the Federal Bureau of Investigation. A standard license may be
  859  granted to the licensee upon the agency’s receipt of a report of
  860  the results of the Federal Bureau of Investigation background
  861  screening for each individual required by this section to
  862  undergo background screening that confirms that all standards
  863  have been met or upon the granting of an exemption from
  864  disqualification by the agency as set forth in chapter 435.
  865         (4) When a person is newly employed in a capacity that
  866  requires screening under this section, the licensee must notify
  867  the agency of the change within the time period specified in the
  868  authorizing statute or rules and must submit to the agency
  869  information necessary to conduct level 2 screening or provide
  870  evidence of compliance with background screening requirements of
  871  this section. The person may serve in his or her capacity
  872  pending the agency’s receipt of the report from the Federal
  873  Bureau of Investigation if he or she has met the standards for
  874  the Department of Law Enforcement background check. However, the
  875  person may not continue to serve in his or her capacity if the
  876  report indicates any violation of background screening standards
  877  unless an exemption from disqualification has been granted by
  878  the agency as set forth in chapter 435.
  879         (4)(5)Effective October 1, 2009, In addition to the
  880  offenses listed in ss. 435.03 and 435.04, all persons required
  881  to undergo background screening pursuant to this part or
  882  authorizing statutes must not have been found guilty of,
  883  regardless of adjudication, or entered a plea of nolo contendere
  884  or guilty to, any of the following offenses or any similar
  885  offense of another jurisdiction:
  886         (a) Any authorizing statutes, if the offense was a felony.
  887         (b) This chapter, if the offense was a felony.
  888         (c) Section 409.920, relating to Medicaid provider fraud,
  889  if the offense was a felony.
  890         (d) Section 409.9201, relating to Medicaid fraud, if the
  891  offense was a felony.
  892         (e) Section 741.28, relating to domestic violence.
  893         (f) Chapter 784, relating to assault, battery, and culpable
  894  negligence, if the offense was a felony.
  895         (g) Section 810.02, relating to burglary.
  896         (f)(h) Section 817.034, relating to fraudulent acts through
  897  mail, wire, radio, electromagnetic, photoelectronic, or
  898  photooptical systems.
  899         (g)(i) Section 817.234, relating to false and fraudulent
  900  insurance claims.
  901         (h)(j) Section 817.505, relating to patient brokering.
  902         (i)(k) Section 817.568, relating to criminal use of
  903  personal identification information.
  904         (j)(l) Section 817.60, relating to obtaining a credit card
  905  through fraudulent means.
  906         (k)(m) Section 817.61, relating to fraudulent use of credit
  907  cards, if the offense was a felony.
  908         (l)(n) Section 831.01, relating to forgery.
  909         (m)(o) Section 831.02, relating to uttering forged
  910  instruments.
  911         (n)(p) Section 831.07, relating to forging bank bills,
  912  checks, drafts, or promissory notes.
  913         (o)(q) Section 831.09, relating to uttering forged bank
  914  bills, checks, drafts, or promissory notes.
  915         (p)(r) Section 831.30, relating to fraud in obtaining
  916  medicinal drugs.
  917         (q)(s) Section 831.31, relating to the sale, manufacture,
  918  delivery, or possession with the intent to sell, manufacture, or
  919  deliver any counterfeit controlled substance, if the offense was
  920  a felony.
  921  
  922  A person who serves as a controlling interest of or is employed
  923  by a licensee on September 30, 2009, is not required by law to
  924  submit to rescreening if that licensee has in its possession
  925  written evidence that the person has been screened and qualified
  926  according to the standards specified in s. 435.03 or s. 435.04.
  927  However, if such person has a disqualifying offense listed in
  928  this section, he or she may apply for an exemption from the
  929  appropriate licensing agency before September 30, 2009, and if
  930  agreed to by the employer, may continue to perform his or her
  931  duties until the licensing agency renders a decision on the
  932  application for exemption for offenses listed in this section.
  933  Exemptions from disqualification may be granted pursuant to s.
  934  435.07.
  935         (5)(6)The costs associated with obtaining the required
  936  screening must be borne either by the licensee or the person
  937  subject to screening. Licensees may reimburse persons for these
  938  costs. The Department of Law Enforcement shall charge the agency
  939  for screening pursuant to s. 943.053(3). The agency shall
  940  establish a schedule of fees to cover the costs of screening The
  941  attestations required under ss. 435.04(5) and 435.05(3) must be
  942  submitted at the time of license renewal, notwithstanding the
  943  provisions of ss. 435.04(5) and 435.05(3) which require annual
  944  submission of an affidavit of compliance with background
  945  screening requirements.
  946         (6)(a) As provided in chapter 435, the agency may grant an
  947  exemption from disqualification to a person who is subject to
  948  this section and who has not received a professional license or
  949  certification from the Department of Health if that person is
  950  providing a service that is within the scope of his or her
  951  licensed or certified practice.
  952         (b) As provided in chapter 435, the appropriate regulatory
  953  board within the Department of Health, or the department itself
  954  when there is no board, may grant an exemption from
  955  disqualification to a person who is subject to this section and
  956  who has received a professional license or certification from
  957  the Department of Health or a regulatory board within that
  958  department and that person is providing a service within the
  959  scope of his or her licensed or certified practice.
  960         (7) The agency and the Department of Health may adopt rules
  961  pursuant to ss. 120.536(1) and 120.54 to implement this section,
  962  chapter 435, and authorizing statutes requiring background
  963  screening and to implement and adopt criteria relating to
  964  retaining fingerprints pursuant to s. 943.05(2).
  965         (8) There is no unemployment compensation or other monetary
  966  liability on the part of, and no cause of action for damages
  967  arising against, an employer that, upon notice of a
  968  disqualifying offense listed under chapter 435 or this section,
  969  terminates the person against whom the report was issued,
  970  whether or not that person has filed for an exemption with the
  971  Department of Health or the agency.
  972         Section 21. Paragraph (k) of subsection (2) of section
  973  409.175, Florida Statutes, is amended to read:
  974         409.175 Licensure of family foster homes, residential
  975  child-caring agencies, and child-placing agencies; public
  976  records exemption.—
  977         (2) As used in this section, the term:
  978         (k) “Screening” means the act of assessing the background
  979  of personnel and includes, but is not limited to, employment
  980  history checks as provided in chapter 435, using the level 2
  981  standards for screening set forth in that chapter. Screening for
  982  employees and volunteers in summer day camps and summer 24-hour
  983  camps and screening for all volunteers included under the
  984  definition of “personnel” shall be conducted as provided in
  985  chapter 435, using the level 2 level 1 standards set forth in
  986  that chapter.
  987         Section 22. Paragraph (i) of subsection (4) of section
  988  409.221, Florida Statutes, is amended to read:
  989         409.221 Consumer-directed care program.—
  990         (4) CONSUMER-DIRECTED CARE.—
  991         (i) Background screening requirements.—All persons who
  992  render care under this section must undergo level 2 background
  993  screening pursuant to chapter 435 shall comply with the
  994  requirements of s. 435.05. Persons shall be excluded from
  995  employment pursuant to s. 435.06.
  996         1. Persons excluded from employment may request an
  997  exemption from disqualification, as provided in s. 435.07.
  998  Persons not subject to certification or professional licensure
  999  may request an exemption from the agency. In considering a
 1000  request for an exemption, the agency shall comply with the
 1001  provisions of s. 435.07.
 1002         2. The agency shall, as allowable, reimburse consumer
 1003  employed caregivers for the cost of conducting background
 1004  screening as required by this section.
 1005  
 1006  For purposes of this section, a person who has undergone
 1007  screening, who is qualified for employment under this section
 1008  and applicable rule, and who has not been unemployed for more
 1009  than 90 180 days following such screening is not required to be
 1010  rescreened. Such person must attest under penalty of perjury to
 1011  not having been convicted of a disqualifying offense since
 1012  completing such screening.
 1013         Section 23. Subsection (8) of section 409.907, Florida
 1014  Statutes, is amended to read:
 1015         409.907 Medicaid provider agreements.—The agency may make
 1016  payments for medical assistance and related services rendered to
 1017  Medicaid recipients only to an individual or entity who has a
 1018  provider agreement in effect with the agency, who is performing
 1019  services or supplying goods in accordance with federal, state,
 1020  and local law, and who agrees that no person shall, on the
 1021  grounds of handicap, race, color, or national origin, or for any
 1022  other reason, be subjected to discrimination under any program
 1023  or activity for which the provider receives payment from the
 1024  agency.
 1025         (8)(a) Each provider, or each principal of the provider if
 1026  the provider is a corporation, partnership, association, or
 1027  other entity, seeking to participate in the Medicaid program
 1028  must submit a complete set of his or her fingerprints to the
 1029  agency for the purpose of conducting a criminal history record
 1030  check. Principals of the provider include any officer, director,
 1031  billing agent, managing employee, or affiliated person, or any
 1032  partner or shareholder who has an ownership interest equal to 5
 1033  percent or more in the provider. However, a director of a not
 1034  for-profit corporation or organization is not a principal for
 1035  purposes of a background investigation as required by this
 1036  section if the director: serves solely in a voluntary capacity
 1037  for the corporation or organization, does not regularly take
 1038  part in the day-to-day operational decisions of the corporation
 1039  or organization, receives no remuneration from the not-for
 1040  profit corporation or organization for his or her service on the
 1041  board of directors, has no financial interest in the not-for
 1042  profit corporation or organization, and has no family members
 1043  with a financial interest in the not-for-profit corporation or
 1044  organization; and if the director submits an affidavit, under
 1045  penalty of perjury, to this effect to the agency and the not
 1046  for-profit corporation or organization submits an affidavit,
 1047  under penalty of perjury, to this effect to the agency as part
 1048  of the corporation’s or organization’s Medicaid provider
 1049  agreement application. Notwithstanding the above, the agency may
 1050  require a background check for any person reasonably suspected
 1051  by the agency to have been convicted of a crime. This subsection
 1052  shall not apply to:
 1053         1. A hospital licensed under chapter 395;
 1054         2. A nursing home licensed under chapter 400;
 1055         3. A hospice licensed under chapter 400;
 1056         4. An assisted living facility licensed under chapter 429;
 1057         5. A unit of local government, except that requirements of
 1058  this subsection apply to nongovernmental providers and entities
 1059  when contracting with the local government to provide Medicaid
 1060  services. The actual cost of the state and national criminal
 1061  history record checks must be borne by the nongovernmental
 1062  provider or entity; or
 1063         6. Any business that derives more than 50 percent of its
 1064  revenue from the sale of goods to the final consumer, and the
 1065  business or its controlling parent either is required to file a
 1066  form 10-K or other similar statement with the Securities and
 1067  Exchange Commission or has a net worth of $50 million or more.
 1068         (b) Background screening shall be conducted in accordance
 1069  with chapter 435 and s. 408.809 The agency shall submit the
 1070  fingerprints to the Department of Law Enforcement. The
 1071  department shall conduct a state criminal-background
 1072  investigation and forward the fingerprints to the Federal Bureau
 1073  of Investigation for a national criminal-history record check.
 1074  The cost of the state and national criminal record check shall
 1075  be borne by the provider.
 1076         (c) The agency may permit a provider to participate in the
 1077  Medicaid program pending the results of the criminal record
 1078  check. However, such permission is fully revocable if the record
 1079  check reveals any crime-related history as provided in
 1080  subsection (10).
 1081         (d) Proof of compliance with the requirements of level 2
 1082  screening under chapter 435 s. 435.04 conducted within 12 months
 1083  prior to the date that the Medicaid provider application is
 1084  submitted to the agency shall fulfill the requirements of this
 1085  subsection. Proof of compliance with the requirements of level 1
 1086  screening under s. 435.03 conducted within 12 months prior to
 1087  the date that the Medicaid provider application is submitted to
 1088  the agency shall meet the requirement that the Department of Law
 1089  Enforcement conduct a state criminal history record check.
 1090         Section 24. Subsection (1) of section 429.14, Florida
 1091  Statutes, is amended to read:
 1092         429.14 Administrative penalties.—
 1093         (1) In addition to the requirements of part II of chapter
 1094  408, the agency may deny, revoke, and suspend any license issued
 1095  under this part and impose an administrative fine in the manner
 1096  provided in chapter 120 against a licensee of an assisted living
 1097  facility for a violation of any provision of this part, part II
 1098  of chapter 408, or applicable rules, or for any of the following
 1099  actions by a licensee of an assisted living facility, for the
 1100  actions of any person subject to level 2 background screening
 1101  under s. 408.809, or for the actions of any facility employee:
 1102         (a) An intentional or negligent act seriously affecting the
 1103  health, safety, or welfare of a resident of the facility.
 1104         (b) The determination by the agency that the owner lacks
 1105  the financial ability to provide continuing adequate care to
 1106  residents.
 1107         (c) Misappropriation or conversion of the property of a
 1108  resident of the facility.
 1109         (d) Failure to follow the criteria and procedures provided
 1110  under part I of chapter 394 relating to the transportation,
 1111  voluntary admission, and involuntary examination of a facility
 1112  resident.
 1113         (e) A citation of any of the following deficiencies as
 1114  specified in s. 429.19:
 1115         1. One or more cited class I deficiencies.
 1116         2. Three or more cited class II deficiencies.
 1117         3. Five or more cited class III deficiencies that have been
 1118  cited on a single survey and have not been corrected within the
 1119  times specified.
 1120         (f) Failure to comply with the A determination that a
 1121  person subject to level 2 background screening under s. 408.809
 1122  does not meet the screening standards of this part, s.
 1123  408.809(1), chapter 435 s. 435.04 or that the facility is
 1124  retaining an employee subject to level 1 background screening
 1125  standards under s. 429.174 who does not meet the screening
 1126  standards of s. 435.03 and for whom exemptions from
 1127  disqualification have not been provided by the agency.
 1128         (g) A determination that an employee, volunteer,
 1129  administrator, or owner, or person who otherwise has access to
 1130  the residents of a facility does not meet the criteria specified
 1131  in s. 435.03(2), and the owner or administrator has not taken
 1132  action to remove the person. Exemptions from disqualification
 1133  may be granted as set forth in s. 435.07. No administrative
 1134  action may be taken against the facility if the person is
 1135  granted an exemption.
 1136         (h) Violation of a moratorium.
 1137         (h)(i) Failure of the license applicant, the licensee
 1138  during relicensure, or a licensee that holds a provisional
 1139  license to meet the minimum license requirements of this part,
 1140  or related rules, at the time of license application or renewal.
 1141         (i)(j) An intentional or negligent life-threatening act in
 1142  violation of the uniform firesafety standards for assisted
 1143  living facilities or other firesafety standards that threatens
 1144  the health, safety, or welfare of a resident of a facility, as
 1145  communicated to the agency by the local authority having
 1146  jurisdiction or the State Fire Marshal.
 1147         (j)(k) Knowingly operating any unlicensed facility or
 1148  providing without a license any service that must be licensed
 1149  under this chapter or chapter 400.
 1150         (k)(l) Any act constituting a ground upon which application
 1151  for a license may be denied.
 1152         Section 25. Section 429.174, Florida Statutes, is amended
 1153  to read:
 1154         429.174 Background screening; exemptions.—The agency shall
 1155  require level 2 background screening for personnel as required
 1156  in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
 1157  owner or administrator of an assisted living facility must
 1158  conduct level 1 background screening, as set forth in chapter
 1159  435, on all employees hired on or after October 1, 1998, who
 1160  perform personal services as defined in s. 429.02(16). The
 1161  agency may exempt an individual from employment disqualification
 1162  as set forth in chapter 435. Such persons shall be considered as
 1163  having met this requirement if:
 1164         (1) Proof of compliance with level 1 screening requirements
 1165  obtained to meet any professional license requirements in this
 1166  state is provided and accompanied, under penalty of perjury, by
 1167  a copy of the person’s current professional license and an
 1168  affidavit of current compliance with the background screening
 1169  requirements.
 1170         (2) The person required to be screened has been
 1171  continuously employed in the same type of occupation for which
 1172  the person is seeking employment without a breach in service
 1173  which exceeds 180 days, and proof of compliance with the level 1
 1174  screening requirement which is no more than 2 years old is
 1175  provided. Proof of compliance shall be provided directly from
 1176  one employer or contractor to another, and not from the person
 1177  screened. Upon request, a copy of screening results shall be
 1178  provided by the employer retaining documentation of the
 1179  screening to the person screened.
 1180         (3) The person required to be screened is employed by a
 1181  corporation or business entity or related corporation or
 1182  business entity that owns, operates, or manages more than one
 1183  facility or agency licensed under this chapter, and for whom a
 1184  level 1 screening was conducted by the corporation or business
 1185  entity as a condition of initial or continued employment.
 1186         Section 26. Subsection (4) of section 429.67, Florida
 1187  Statutes, is amended to read:
 1188         429.67 Licensure.—
 1189         (4) Upon receipt of a completed license application or
 1190  license renewal, and the fee, The agency shall require level 2
 1191  initiate a level 1 background screening for personnel as
 1192  required in s. 408.809(1)(e), including as provided under
 1193  chapter 435 on the adult family-care home provider, the
 1194  designated relief person, and all adult household members,
 1195  pursuant to chapter 435 and s. 408.809, and all staff members.
 1196         (a) Proof of compliance with level 1 screening standards
 1197  which has been submitted within the previous 5 years to meet any
 1198  facility or professional licensure requirements of the agency or
 1199  the Department of Health satisfies the requirements of this
 1200  subsection. Such proof must be accompanied, under penalty of
 1201  perjury, by a copy of the person’s current professional license
 1202  and an affidavit of current compliance with the background
 1203  screening requirements.
 1204         (b) The person required to be screened must have been
 1205  continuously employed in the same type of occupation for which
 1206  the person is seeking employment without a breach in service
 1207  that exceeds 180 days, and proof of compliance with the level 1
 1208  screening requirement which is no more than 2 years old must be
 1209  provided. Proof of compliance shall be provided directly from
 1210  one employer or contractor to another, and not from the person
 1211  screened. Upon request, a copy of screening results shall be
 1212  provided to the person screened by the employer retaining
 1213  documentation of the screening.
 1214         Section 27. Section 429.69, Florida Statutes, is amended to
 1215  read:
 1216         429.69 Denial, revocation, and suspension of a license.—In
 1217  addition to the requirements of part II of chapter 408, the
 1218  agency may deny, suspend, and revoke a license for any of the
 1219  following reasons:
 1220         (1) Failure to comply with the of any of the persons
 1221  required to undergo background screening standards of this part,
 1222  s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
 1223  1 screening standards of s. 435.03, unless an exemption from
 1224  disqualification has been provided by the agency.
 1225         (2) Failure to correct cited fire code violations that
 1226  threaten the health, safety, or welfare of residents.
 1227         Section 28. Paragraph (c) of subsection (2) of section
 1228  429.911, Florida Statutes, is amended to read:
 1229         429.911 Denial, suspension, revocation of license;
 1230  emergency action; administrative fines; investigations and
 1231  inspections.—
 1232         (2) Each of the following actions by the owner of an adult
 1233  day care center or by its operator or employee is a ground for
 1234  action by the agency against the owner of the center or its
 1235  operator or employee:
 1236         (c) A Failure to comply with the of persons subject to
 1237  level 2 background screening standards of this part, s.
 1238  408.809(1), or chapter 435 under s. 408.809 to meet the
 1239  screening standards of s. 435.04, or the retention by the center
 1240  of an employee subject to level 1 background screening standards
 1241  under s. 429.174 who does not meet the screening standards of s.
 1242  435.03 and for whom exemptions from disqualification have not
 1243  been provided by the agency.
 1244         Section 29. Section 429.919, Florida Statutes, is amended
 1245  to read:
 1246         429.919 Background screening.—The agency shall require
 1247  level 2 background screening for personnel as required in s.
 1248  408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
 1249  or administrator of an adult day care center must conduct level
 1250  1 background screening as set forth in chapter 435 on all
 1251  employees hired on or after October 1, 1998, who provide basic
 1252  services or supportive and optional services to the
 1253  participants. Such persons satisfy this requirement if:
 1254         (1) Proof of compliance with level 1 screening requirements
 1255  obtained to meet any professional license requirements in this
 1256  state is provided and accompanied, under penalty of perjury, by
 1257  a copy of the person’s current professional license and an
 1258  affidavit of current compliance with the background screening
 1259  requirements.
 1260         (2) The person required to be screened has been
 1261  continuously employed, without a breach in service that exceeds
 1262  180 days, in the same type of occupation for which the person is
 1263  seeking employment and provides proof of compliance with the
 1264  level 1 screening requirement which is no more than 2 years old.
 1265  Proof of compliance must be provided directly from one employer
 1266  or contractor to another, and not from the person screened. Upon
 1267  request, a copy of screening results shall be provided to the
 1268  person screened by the employer retaining documentation of the
 1269  screening.
 1270         (3) The person required to be screened is employed by a
 1271  corporation or business entity or related corporation or
 1272  business entity that owns, operates, or manages more than one
 1273  facility or agency licensed under chapter 400 or this chapter,
 1274  and for whom a level 1 screening was conducted by the
 1275  corporation or business entity as a condition of initial or
 1276  continued employment.
 1277         Section 30. Section 430.60, Florida Statutes, is created to
 1278  read:
 1279         430.60 Screening of direct service providers.—
 1280         (1)(a) Level 2 background screening pursuant to chapter 435
 1281  is required for direct service providers. Background screening
 1282  shall include employment history checks as provided in s.
 1283  435.03(1) and local criminal records checks through local law
 1284  enforcement agencies.
 1285         (b) For purposes of this section, the term “direct service
 1286  provider” means a person 18 years of age or older who is
 1287  unrelated to his or her clients and who has direct, face-to-face
 1288  contact with a client while providing services to the client and
 1289  has access to the client’s living areas or to the client’s funds
 1290  or personal property. The term includes coordinators, managers,
 1291  and supervisors of residential facilities and volunteers.
 1292         (2) Licensed physicians, nurses, or other professionals
 1293  licensed by the Department of Health are not subject to
 1294  background screening pursuant to this section if they are
 1295  providing a service that is within the scope of their licensed
 1296  practice.
 1297         (3) Refusal on the part of an employer to dismiss a
 1298  manager, supervisor, or direct service provider who has been
 1299  found to be in noncompliance with standards of this section
 1300  shall result in the automatic denial, termination, or revocation
 1301  of the license or certification, rate agreement, purchase order,
 1302  or contract, in addition to any other remedies authorized by
 1303  law.
 1304         (4) The background screening conducted pursuant to this
 1305  section must ensure that, in addition to the disqualifying
 1306  offenses listed in s. 435.04, no persons subject to the
 1307  provisions of this section have been found guilty of, regardless
 1308  of adjudication, or entered a plea of nolo contendere or guilty
 1309  to, any offense prohibited under any of the following provisions
 1310  of the Florida Statutes or under any similar statute of another
 1311  jurisdiction:
 1312         (a) Any authorizing statutes, if the offense was a felony.
 1313         (b) Section 409.920, relating to Medicaid provider fraud.
 1314         (c) Section 409.9201, relating to Medicaid fraud.
 1315         (d) Section 817.034, relating to fraudulent acts through
 1316  mail, wire, radio, electromagnetic, photoelectronic, or
 1317  photooptical systems.
 1318         (e) Section 817.234, relating to false and fraudulent
 1319  insurance claims.
 1320         (f) Section 817.505, relating to patient brokering.
 1321         (g) Section 817.568, relating to criminal use of personal
 1322  identification information.
 1323         (h) Section 817.60, relating to obtaining a credit card
 1324  through fraudulent means.
 1325         (i) Section 817.61, relating to fraudulent use of credit
 1326  cards, if the offense was a felony.
 1327         (j) Section 831.01, relating to forgery.
 1328         (k) Section 831.02, relating to uttering forged
 1329  instruments.
 1330         (l) Section 831.07, relating to forging bank bills, checks,
 1331  drafts, or promissory notes.
 1332         (m) Section 831.09, relating to uttering forged bank bills,
 1333  checks, drafts, or promissory notes.
 1334         Section 31. Section 435.01, Florida Statutes, is amended to
 1335  read:
 1336         435.01 Applicability of this chapter; statutory references;
 1337  rulemaking.—
 1338         (1)(a) Unless otherwise provided by law, whenever a
 1339  background screening for employment or a background security
 1340  check is required by law to be conducted pursuant to this
 1341  chapter for employment, unless otherwise provided by law, the
 1342  provisions of this chapter shall apply.
 1343         (b) Unless expressly provided otherwise, a reference in any
 1344  section of the Florida Statutes to chapter 435 or to any section
 1345  or sections or portion of a section of chapter 435 includes, and
 1346  shall be understood as including, all subsequent amendments to
 1347  chapter 435 or to the referenced section or sections or portions
 1348  of a section. The purpose of this chapter is to facilitate
 1349  uniform background screening and, to this end, a reference to
 1350  this chapter, or to any section or subdivision within this
 1351  chapter, constitutes a general reference under the doctrine of
 1352  incorporation by reference.
 1353         (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
 1354  120.54 necessary to implement the provisions of this chapter.
 1355         Section 32. Section 435.02, Florida Statutes, is reordered
 1356  and amended to read:
 1357         435.02 Definitions.—For the purposes of this chapter, the
 1358  term:
 1359         (2)(1) “Employee” means any person required by law to be
 1360  screened pursuant to the provisions of this chapter.
 1361         (3)(2) “Employer” means any person or entity required by
 1362  law to conduct screening of employees pursuant to this chapter.
 1363         (1)(3) “Licensing Agency” means any state, or county, or
 1364  municipal agency that which grants licenses or registration
 1365  permitting the operation of an employer or is itself an employer
 1366  or that otherwise facilitates the screening of employees
 1367  pursuant to this chapter. When there is no state licensing
 1368  agency or the municipal or county licensing agency chooses not
 1369  to conduct employment screening, “licensing agency” means the
 1370  Department of Children and Family Services.
 1371         (4) “Employment” means any activity or service sought to be
 1372  performed by an employee that requires the employee to be
 1373  subject to screening pursuant to this chapter.
 1374         (5) “Vulnerable person” means a minor or a vulnerable adult
 1375  as defined in s. 415.102.
 1376         Section 33. Section 435.03, Florida Statutes, is amended to
 1377  read:
 1378         435.03 Level 1 screening standards.—
 1379         (1) All employees required by law to be screened pursuant
 1380  to this section must shall be required to undergo background
 1381  screening as a condition of employment and continued employment
 1382  that includes. For the purposes of this subsection, level 1
 1383  screenings shall include, but need not be limited to, employment
 1384  history checks and statewide criminal correspondence checks
 1385  through the Florida Department of Law Enforcement, and may
 1386  include local criminal records checks through local law
 1387  enforcement agencies.
 1388         (2) Any person required by law to be screened pursuant to
 1389  this section for whom employment screening is required by
 1390  statute must not have been found guilty of, regardless of
 1391  adjudication, or entered a plea of nolo contendere or guilty to,
 1392  any offense prohibited under any provision of s. 435.04(2) of
 1393  the following provisions of the Florida Statutes or under any
 1394  similar statute of another jurisdiction.:
 1395         (a) Section 393.135, relating to sexual misconduct with
 1396  certain developmentally disabled clients and reporting of such
 1397  sexual misconduct.
 1398         (b) Section 394.4593, relating to sexual misconduct with
 1399  certain mental health patients and reporting of such sexual
 1400  misconduct.
 1401         (c) Section 415.111, relating to abuse, neglect, or
 1402  exploitation of a vulnerable adult.
 1403         (d) Section 782.04, relating to murder.
 1404         (e) Section 782.07, relating to manslaughter, aggravated
 1405  manslaughter of an elderly person or disabled adult, or
 1406  aggravated manslaughter of a child.
 1407         (f) Section 782.071, relating to vehicular homicide.
 1408         (g) Section 782.09, relating to killing of an unborn quick
 1409  child by injury to the mother.
 1410         (h) Section 784.011, relating to assault, if the victim of
 1411  the offense was a minor.
 1412         (i) Section 784.021, relating to aggravated assault.
 1413         (j) Section 784.03, relating to battery, if the victim of
 1414  the offense was a minor.
 1415         (k) Section 784.045, relating to aggravated battery.
 1416         (l) Section 787.01, relating to kidnapping.
 1417         (m) Section 787.02, relating to false imprisonment.
 1418         (n) Section 794.011, relating to sexual battery.
 1419         (o) Former s. 794.041, relating to prohibited acts of
 1420  persons in familial or custodial authority.
 1421         (p) Chapter 796, relating to prostitution.
 1422         (q) Section 798.02, relating to lewd and lascivious
 1423  behavior.
 1424         (r) Chapter 800, relating to lewdness and indecent
 1425  exposure.
 1426         (s) Section 806.01, relating to arson.
 1427         (t) Chapter 812, relating to theft, robbery, and related
 1428  crimes, if the offense was a felony.
 1429         (u) Section 817.563, relating to fraudulent sale of
 1430  controlled substances, only if the offense was a felony.
 1431         (v) Section 825.102, relating to abuse, aggravated abuse,
 1432  or neglect of an elderly person or disabled adult.
 1433         (w) Section 825.1025, relating to lewd or lascivious
 1434  offenses committed upon or in the presence of an elderly person
 1435  or disabled adult.
 1436         (x) Section 825.103, relating to exploitation of an elderly
 1437  person or disabled adult, if the offense was a felony.
 1438         (y) Section 826.04, relating to incest.
 1439         (z) Section 827.03, relating to child abuse, aggravated
 1440  child abuse, or neglect of a child.
 1441         (aa) Section 827.04, relating to contributing to the
 1442  delinquency or dependency of a child.
 1443         (bb) Former s. 827.05, relating to negligent treatment of
 1444  children.
 1445         (cc) Section 827.071, relating to sexual performance by a
 1446  child.
 1447         (dd) Chapter 847, relating to obscene literature.
 1448         (ee) Chapter 893, relating to drug abuse prevention and
 1449  control, only if the offense was a felony or if any other person
 1450  involved in the offense was a minor.
 1451         (ff) Section 916.1075, relating to sexual misconduct with
 1452  certain forensic clients and reporting of such sexual
 1453  misconduct.
 1454         (3) The security background investigations under this
 1455  section must ensure that no person subject to the provisions of
 1456  this section has been found guilty of, regardless of
 1457  adjudication, or entered a plea of nolo contendere or guilty to,
 1458  any offense that constitutes domestic violence as defined in s.
 1459  741.28, whether such act was committed in this state or in
 1460  another jurisdiction Standards must also ensure that the person:
 1461         (a) For employees and employers licensed or registered
 1462  pursuant to chapter 400 or chapter 429, and for employees and
 1463  employers of developmental disabilities centers as defined in s.
 1464  393.063, intermediate care facilities for the developmentally
 1465  disabled as defined in s. 400.960, and mental health treatment
 1466  facilities as defined in s. 394.455, meets the requirements of
 1467  this chapter.
 1468         (b) Has not committed an act that constitutes domestic
 1469  violence as defined in s. 741.28.
 1470         Section 34. Section 435.04, Florida Statutes, is amended to
 1471  read:
 1472         435.04 Level 2 screening standards.—
 1473         (1)(a) All employees required by law to be screened
 1474  pursuant to this section must in positions designated by law as
 1475  positions of trust or responsibility shall be required to
 1476  undergo security background investigations as a condition of
 1477  employment and continued employment that includes. For the
 1478  purposes of this subsection, security background investigations
 1479  shall include, but need not be limited to, fingerprinting for
 1480  statewide criminal history records all purposes and checks in
 1481  this subsection, statewide criminal and juvenile records checks
 1482  through the Florida Department of Law Enforcement, and national
 1483  federal criminal records checks through the Federal Bureau of
 1484  Investigation, and may include local criminal records checks
 1485  through local law enforcement agencies.
 1486         (b) Fingerprints submitted pursuant to this section on or
 1487  after July 1, 2012, must be submitted electronically to the
 1488  Department of Law Enforcement by, or on the behalf of, the
 1489  employee or employer.
 1490         (c) An agency may contract with one or more vendors to
 1491  perform all or part of the electronic fingerprinting pursuant to
 1492  this section. Such contracts must ensure that the owners and
 1493  personnel of the vendor performing the electronic fingerprinting
 1494  are qualified and will ensure the integrity and security of all
 1495  personal information.
 1496         (d) An agency may require by rule adopted pursuant to
 1497  chapter 120 that fingerprints submitted pursuant to this section
 1498  must be submitted electronically to the Department of Law
 1499  Enforcement by, or on the behalf of, the employee or employer on
 1500  a date earlier than July 1, 2012.
 1501         (2) The security background investigations under this
 1502  section must ensure that no persons subject to the provisions of
 1503  this section have been found guilty of, regardless of
 1504  adjudication, or entered a plea of nolo contendere or guilty to,
 1505  any offense prohibited under any of the following provisions of
 1506  the Florida Statutes or under any similar statute of another
 1507  jurisdiction:
 1508         (a) Section 393.135, relating to sexual misconduct with
 1509  certain developmentally disabled clients and reporting of such
 1510  sexual misconduct.
 1511         (b) Section 394.4593, relating to sexual misconduct with
 1512  certain mental health patients and reporting of such sexual
 1513  misconduct.
 1514         (c) Section 415.111, relating to adult abuse, neglect, or
 1515  exploitation of aged persons or disabled adults.
 1516         (d) Section 782.04, relating to murder.
 1517         (e) Section 782.07, relating to manslaughter, aggravated
 1518  manslaughter of an elderly person or disabled adult, or
 1519  aggravated manslaughter of a child.
 1520         (f) Section 782.071, relating to vehicular homicide.
 1521         (g) Section 782.09, relating to killing of an unborn quick
 1522  child by injury to the mother.
 1523         (h) Chapter 784, relating to assault, battery, and culpable
 1524  negligence, if the offense was a felony.
 1525         (i)(h) Section 784.011, relating to assault, if the victim
 1526  of the offense was a minor.
 1527         (i) Section 784.021, relating to aggravated assault.
 1528         (j) Section 784.03, relating to battery, if the victim of
 1529  the offense was a minor.
 1530         (k) Section 784.045, relating to aggravated battery.
 1531         (l) Section 784.075, relating to battery on a detention or
 1532  commitment facility staff.
 1533         (k)(m) Section 787.01, relating to kidnapping.
 1534         (l)(n) Section 787.02, relating to false imprisonment.
 1535         (m) Section 787.025, relating to luring or enticing a
 1536  child.
 1537         (n)(o) Section 787.04(2), relating to taking, enticing, or
 1538  removing a child beyond the state limits with criminal intent
 1539  pending custody proceedings.
 1540         (o)(p) Section 787.04(3), relating to carrying a child
 1541  beyond the state lines with criminal intent to avoid producing a
 1542  child at a custody hearing or delivering the child to the
 1543  designated person.
 1544         (p)(q) Section 790.115(1), relating to exhibiting firearms
 1545  or weapons within 1,000 feet of a school.
 1546         (q)(r) Section 790.115(2)(b), relating to possessing an
 1547  electric weapon or device, destructive device, or other weapon
 1548  on school property.
 1549         (r)(s) Section 794.011, relating to sexual battery.
 1550         (s)(t) Former s. 794.041, relating to prohibited acts of
 1551  persons in familial or custodial authority.
 1552         (t) Section 794.05, relating to unlawful sexual activity
 1553  with certain minors.
 1554         (u) Chapter 796, relating to prostitution.
 1555         (v) Section 798.02, relating to lewd and lascivious
 1556  behavior.
 1557         (w) Chapter 800, relating to lewdness and indecent
 1558  exposure.
 1559         (x) Section 806.01, relating to arson.
 1560         (y) Section 810.02, relating to burglary.
 1561         (z) Section 810.14, relating to voyeurism, if the offense
 1562  is a felony.
 1563         (aa) Section 810.145, relating to video voyeurism, if the
 1564  offense is a felony.
 1565         (bb)(y) Chapter 812, relating to theft, robbery, and
 1566  related crimes, if the offense is a felony.
 1567         (cc)(z) Section 817.563, relating to fraudulent sale of
 1568  controlled substances, only if the offense was a felony.
 1569         (dd)(aa) Section 825.102, relating to abuse, aggravated
 1570  abuse, or neglect of an elderly person or disabled adult.
 1571         (ee)(bb) Section 825.1025, relating to lewd or lascivious
 1572  offenses committed upon or in the presence of an elderly person
 1573  or disabled adult.
 1574         (ff)(cc) Section 825.103, relating to exploitation of an
 1575  elderly person or disabled adult, if the offense was a felony.
 1576         (gg)(dd) Section 826.04, relating to incest.
 1577         (hh)(ee) Section 827.03, relating to child abuse,
 1578  aggravated child abuse, or neglect of a child.
 1579         (ii)(ff) Section 827.04, relating to contributing to the
 1580  delinquency or dependency of a child.
 1581         (jj)(gg) Former s. 827.05, relating to negligent treatment
 1582  of children.
 1583         (kk)(hh) Section 827.071, relating to sexual performance by
 1584  a child.
 1585         (ll)(ii) Section 843.01, relating to resisting arrest with
 1586  violence.
 1587         (mm)(jj) Section 843.025, relating to depriving a law
 1588  enforcement, correctional, or correctional probation officer
 1589  means of protection or communication.
 1590         (nn)(kk) Section 843.12, relating to aiding in an escape.
 1591         (oo)(ll) Section 843.13, relating to aiding in the escape
 1592  of juvenile inmates in correctional institutions.
 1593         (pp)(mm) Chapter 847, relating to obscene literature.
 1594         (qq)(nn) Section 874.05(1), relating to encouraging or
 1595  recruiting another to join a criminal gang.
 1596         (rr)(oo) Chapter 893, relating to drug abuse prevention and
 1597  control, only if the offense was a felony or if any other person
 1598  involved in the offense was a minor.
 1599         (ss)(pp) Section 916.1075, relating to sexual misconduct
 1600  with certain forensic clients and reporting of such sexual
 1601  misconduct.
 1602         (tt)(qq) Section 944.35(3), relating to inflicting cruel or
 1603  inhuman treatment on an inmate resulting in great bodily harm.
 1604         (uu) Section 944.40, relating to escape.
 1605         (vv)(rr) Section 944.46, relating to harboring, concealing,
 1606  or aiding an escaped prisoner.
 1607         (ww)(ss) Section 944.47, relating to introduction of
 1608  contraband into a correctional facility.
 1609         (xx)(tt) Section 985.701, relating to sexual misconduct in
 1610  juvenile justice programs.
 1611         (yy)(uu) Section 985.711, relating to contraband introduced
 1612  into detention facilities.
 1613         (3) The security background investigations under this
 1614  section must ensure that no person subject to this section has
 1615  been found guilty of, regardless of adjudication, or entered a
 1616  plea of nolo contendere or guilty to, any offense that
 1617  constitutes domestic violence as defined in s. 741.28, whether
 1618  such act was committed in this state or in another jurisdiction.
 1619  The security background investigations conducted under this
 1620  section for employees of the Department of Juvenile Justice must
 1621  ensure that no persons subject to the provisions of this section
 1622  have been found guilty of, regardless of adjudication, or
 1623  entered a plea of nolo contendere or guilty to, any offense
 1624  prohibited under any of the following provisions of the Florida
 1625  Statutes or under any similar statute of another jurisdiction:
 1626         (a) Section 784.07, relating to assault or battery of law
 1627  enforcement officers, firefighters, emergency medical care
 1628  providers, public transit employees or agents, or other
 1629  specified officers.
 1630         (b) Section 810.02, relating to burglary, if the offense is
 1631  a felony.
 1632         (c) Section 944.40, relating to escape.
 1633  
 1634  The Department of Juvenile Justice may not remove a
 1635  disqualification from employment or grant an exemption to any
 1636  person who is disqualified under this section for any offense
 1637  disposed of during the most recent 7-year period.
 1638         (4) Standards must also ensure that the person:
 1639         (a) For employees or employers licensed or registered
 1640  pursuant to chapter 400 or chapter 429, does not have a
 1641  confirmed report of abuse, neglect, or exploitation as defined
 1642  in s. 415.102(6), which has been uncontested or upheld under s.
 1643  415.103.
 1644         (b) Has not committed an act that constitutes domestic
 1645  violence as defined in s. 741.30.
 1646         (5) Under penalty of perjury, all employees in such
 1647  positions of trust or responsibility shall attest to meeting the
 1648  requirements for qualifying for employment and agreeing to
 1649  inform the employer immediately if convicted of any of the
 1650  disqualifying offenses while employed by the employer. Each
 1651  employer of employees in such positions of trust or
 1652  responsibilities which is licensed or registered by a state
 1653  agency shall submit to the licensing agency annually or at the
 1654  time of license renewal, under penalty of perjury, an affidavit
 1655  of compliance with the provisions of this section.
 1656         Section 35. Section 435.05, Florida Statutes, is amended to
 1657  read:
 1658         435.05 Requirements for covered employees and employers.
 1659  Except as otherwise provided by law, the following requirements
 1660  shall apply to covered employees and employers:
 1661         (1)(a) Every person required by law to be screened pursuant
 1662  to the provisions of this chapter must employed in a position
 1663  for which employment screening is required must, within 5
 1664  working days after starting to work, submit to the employer a
 1665  complete set of information necessary to conduct a screening
 1666  under this chapter section.
 1667         (b) For level 1 screening, the employer must submit the
 1668  information necessary for screening to the Florida Department of
 1669  Law Enforcement within 5 working days after receiving it. The
 1670  Florida Department of Law Enforcement will conduct a search of
 1671  its records and will respond to the employer or agency. The
 1672  employer will inform the employee whether screening has revealed
 1673  any disqualifying information.
 1674         (c) For level 2 screening, the employer or licensing agency
 1675  must submit the information necessary for screening to the
 1676  Florida Department of Law Enforcement within 5 working days
 1677  after receiving it. The Florida Department of Law Enforcement
 1678  will perform a criminal history record check of its conduct a
 1679  search of its criminal and juvenile records and will request
 1680  that the Federal Bureau of Investigation perform a national
 1681  criminal history record check conduct a search of its records
 1682  for each employee for whom the request is made. The Florida
 1683  Department of Law Enforcement will respond to the employer or
 1684  licensing agency, and the employer or licensing agency will
 1685  inform the employee whether screening has revealed disqualifying
 1686  information.
 1687         (d) The person whose background is being checked must
 1688  supply any missing criminal or other necessary information upon
 1689  request to the requesting employer or agency within 30 days
 1690  after receiving the employer makes a request for the information
 1691  or be subject to automatic disqualification.
 1692         (2) Every employee must attest, subject to penalty of
 1693  perjury, to meeting the requirements for qualifying for
 1694  employment pursuant to this chapter and agreeing to inform the
 1695  employer immediately if arrested for any of the disqualifying
 1696  offenses while employed by the employer Unless otherwise
 1697  prohibited by state or federal law, new employees may be placed
 1698  on probationary status pending a determination of compliance
 1699  with minimum standards set forth in this chapter.
 1700         (3) Each employer that is licensed or registered with an
 1701  agency and is required by law to conduct level 2 background
 1702  screening must submit to the agency sign an affidavit annually
 1703  or at the time of license renewal, under penalty of perjury, a
 1704  signed affidavit attesting to compliance with the provisions of
 1705  this chapter stating that all covered employees have been
 1706  screened or are newly hired and are awaiting the results of the
 1707  required screening checks.
 1708         Section 36. Section 435.06, Florida Statutes, is amended to
 1709  read:
 1710         435.06 Exclusion from employment.—
 1711         (1) When an employer or licensing agency has reasonable
 1712  cause to believe that grounds exist for the denial or
 1713  termination of employment of any employee as a result of
 1714  background screening, it shall notify the employee in writing,
 1715  stating the specific record that which indicates noncompliance
 1716  with the standards in this chapter section. It shall be the
 1717  responsibility of the affected employee to contest his or her
 1718  disqualification or to request exemption from disqualification.
 1719  The only basis for contesting the disqualification shall be
 1720  proof of mistaken identity.
 1721         (2)(a) An employer may not hire, select, or otherwise allow
 1722  an employee to have contact with any vulnerable person that
 1723  would place the employee in a role that would require background
 1724  screening until such time as the screening process is completed
 1725  and demonstrates the absence of any grounds for the denial or
 1726  termination of employment. If the screening process shows any
 1727  grounds for the denial or termination of employment, the
 1728  employer may not hire, select, or otherwise allow the employee
 1729  to have contact with any vulnerable person that would place the
 1730  employee in a role that would require background screening
 1731  unless the employee is granted an exemption for the
 1732  disqualification by the agency as provided under s. 435.07.
 1733         (b) If at any time an employer becomes aware that an
 1734  employee has been arrested for a disqualifying offense, the
 1735  employer must remove the employee from contact with any
 1736  vulnerable person that would place the employee in a role that
 1737  would require background screening until such time as the arrest
 1738  is resolved in such a way that the employer determines that the
 1739  employee is still eligible for employment under this chapter.
 1740         (c) The employer must either terminate the employment of
 1741  any of its personnel found to be in noncompliance with the
 1742  minimum standards of this chapter for good moral character
 1743  contained in this section or place the employee in a position
 1744  for which background screening is not required unless the
 1745  employee is granted an exemption from disqualification pursuant
 1746  to s. 435.07.
 1747         (3) Any employee person who is required to undergo
 1748  employment screening and who refuses to cooperate in such
 1749  screening or refuses to timely submit the information necessary
 1750  to complete the screening, including fingerprints when required,
 1751  must shall be disqualified for employment in such position or,
 1752  if employed, must shall be dismissed.
 1753         Section 37. Section 435.07, Florida Statutes, is amended to
 1754  read:
 1755         435.07 Exemptions from disqualification.—Unless otherwise
 1756  provided by law, the provisions of this section shall apply to
 1757  exemptions from disqualification pursuant to this chapter.
 1758         (1) The head of the appropriate licensing agency may grant
 1759  to any employee otherwise disqualified from employment an
 1760  exemption from disqualification for:
 1761         (a) Felonies for which at least 3 years have elapsed since
 1762  the applicant for the exemption has completed or been lawfully
 1763  released from confinement, supervision, or sanction for the
 1764  disqualifying felony committed more than 3 years prior to the
 1765  date of disqualification;
 1766         (b) Misdemeanors prohibited under any of the Florida
 1767  Statutes cited in this chapter or under similar statutes of
 1768  other jurisdictions;
 1769         (c) Offenses that were felonies when committed but are now
 1770  misdemeanors; or
 1771         (d) Findings of delinquency; or
 1772         (e) Commissions of acts of domestic violence as defined in
 1773  s. 741.30.
 1774  
 1775  For the purposes of this subsection, the term “felonies” means
 1776  both felonies prohibited under any of the Florida Statutes cited
 1777  in this chapter or under similar statutes of other
 1778  jurisdictions.
 1779         (2) Persons employed, or applicants for employment, by
 1780  treatment providers who treat adolescents 13 years of age and
 1781  older who are disqualified from employment solely because of
 1782  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 1783  exempted from disqualification from employment pursuant to this
 1784  chapter section without application of the 3-year waiting period
 1785  in paragraph (1)(a).
 1786         (3)(a) In order for the head of an agency a licensing
 1787  department to grant an exemption to any employee, the employee
 1788  must demonstrate by clear and convincing evidence that the
 1789  employee should not be disqualified from employment. Employees
 1790  seeking an exemption have the burden of setting forth clear and
 1791  convincing sufficient evidence of rehabilitation, including, but
 1792  not limited to, the circumstances surrounding the criminal
 1793  incident for which an exemption is sought, the time period that
 1794  has elapsed since the incident, the nature of the harm caused to
 1795  the victim, and the history of the employee since the incident,
 1796  or any other evidence or circumstances indicating that the
 1797  employee will not present a danger if employment or continued
 1798  employment is allowed.
 1799         (b) The agency may consider as part of its deliberations of
 1800  the employee’s rehabilitation the fact that the employee has,
 1801  subsequent to the conviction for the disqualifying offense for
 1802  which the exemption is being sought, been arrested for or
 1803  convicted of another crime, even if that crime is not a
 1804  disqualifying offense.
 1805         (c) The decision of the head of an agency licensing
 1806  department regarding an exemption may be contested through the
 1807  hearing procedures set forth in chapter 120. The standard of
 1808  review by the administrative law judge is whether the agency’s
 1809  intended action is an abuse of discretion.
 1810         (4)(a) Disqualification from employment under this chapter
 1811  subsection (1) may not be removed from, nor may an exemption be
 1812  granted to, any personnel who is found guilty of, regardless of
 1813  adjudication, or who has entered a plea of nolo contendere or
 1814  guilty to, any felony covered by s. 435.03 or s. 435.04 solely
 1815  by reason of any pardon, executive clemency, or restoration of
 1816  civil rights.
 1817         (b) Disqualification from employment under this chapter may
 1818  not be removed from, nor may an exemption be granted to, any
 1819  person who has been designated as a sexual predator pursuant to
 1820  s. 775.21.
 1821         (5) Exemptions granted by one licensing agency shall be
 1822  considered by subsequent licensing agencies, but are not binding
 1823  on the subsequent licensing agency.
 1824         Section 38. Section 435.08, Florida Statutes, is amended to
 1825  read:
 1826         435.08 Payment for processing of fingerprints and state
 1827  criminal records checks.—Either the employer or the employee is
 1828  responsible for paying the costs of screening. Payment shall be
 1829  submitted to the Florida Department of Law Enforcement with the
 1830  request for screening. The appropriate agency is responsible for
 1831  collecting and paying any fee related to fingerprints retained
 1832  on its behalf to the Department of Law Enforcement for costs
 1833  resulting from the fingerprint information retention services.
 1834  The amount of the annual fee and procedures for the submission
 1835  and retention of fingerprint information and for the
 1836  dissemination of search results shall be established by rule of
 1837  the Department of Law Enforcement.
 1838         Section 39. Subsection (1) of section 464.203, Florida
 1839  Statutes, is amended to read:
 1840         464.203 Certified nursing assistants; certification
 1841  requirement.—
 1842         (1) The board shall issue a certificate to practice as a
 1843  certified nursing assistant to any person who demonstrates a
 1844  minimum competency to read and write and successfully passes the
 1845  required background Level I or Level II screening pursuant to s.
 1846  400.215 and meets one of the following requirements:
 1847         (a) Has successfully completed an approved training program
 1848  and achieved a minimum score, established by rule of the board,
 1849  on the nursing assistant competency examination, which consists
 1850  of a written portion and skills-demonstration portion approved
 1851  by the board and administered at a site and by personnel
 1852  approved by the department.
 1853         (b) Has achieved a minimum score, established by rule of
 1854  the board, on the nursing assistant competency examination,
 1855  which consists of a written portion and skills-demonstration
 1856  portion, approved by the board and administered at a site and by
 1857  personnel approved by the department and:
 1858         1. Has a high school diploma, or its equivalent; or
 1859         2. Is at least 18 years of age.
 1860         (c) Is currently certified in another state; is listed on
 1861  that state’s certified nursing assistant registry; and has not
 1862  been found to have committed abuse, neglect, or exploitation in
 1863  that state.
 1864         (d) Has completed the curriculum developed under the
 1865  Enterprise Florida Jobs and Education Partnership Grant and
 1866  achieved a minimum score, established by rule of the board, on
 1867  the nursing assistant competency examination, which consists of
 1868  a written portion and skills-demonstration portion, approved by
 1869  the board and administered at a site and by personnel approved
 1870  by the department.
 1871         Section 40. Subsection (9) of section 489.115, Florida
 1872  Statutes, is amended to read:
 1873         489.115 Certification and registration; endorsement;
 1874  reciprocity; renewals; continuing education.—
 1875         (9) An initial applicant shall submit, along with the
 1876  application, a complete set of fingerprints in a form and manner
 1877  required by the department. The fingerprints shall be submitted
 1878  to the Department of Law Enforcement for state processing, and
 1879  the Department of Law Enforcement shall forward them to the
 1880  Federal Bureau of Investigation for the purpose of processing
 1881  the fingerprint submission to determine if the applicant has a
 1882  criminal history record conducting a level 2 background check
 1883  pursuant to s. 435.04. The department shall and the board may
 1884  review the background results to determine if an applicant meets
 1885  licensure requirements. The cost for the fingerprint processing
 1886  shall be borne by the person subject to the background
 1887  screening. These fees are to be collected by the authorized
 1888  agencies or vendors. The authorized agencies or vendors are
 1889  responsible for paying the processing costs to the Department of
 1890  Law Enforcement.
 1891         Section 41. Paragraphs (g) and (h) of subsection (2) of
 1892  section 943.05, Florida Statutes, are amended, and subsection
 1893  (4) is added to that section, to read:
 1894         943.05 Criminal Justice Information Program; duties; crime
 1895  reports.—
 1896         (2) The program shall:
 1897         (g) Upon official written request from the agency executive
 1898  director or secretary, or from his or her designee, or from
 1899  qualified entities participating in the volunteer and employee
 1900  criminal history screening system under s. 943.0542, or as
 1901  otherwise required As authorized by law, retain fingerprints
 1902  submitted by criminal and noncriminal justice agencies to the
 1903  department for a criminal history background screening in a
 1904  manner provided by rule and enter the fingerprints in the
 1905  statewide automated fingerprint identification system authorized
 1906  by paragraph (b). Such fingerprints shall thereafter be
 1907  available for all purposes and uses authorized for arrest
 1908  fingerprint submissions cards entered into the statewide
 1909  automated fingerprint identification system pursuant to s.
 1910  943.051.
 1911         (h)1.For each agency or qualified entity that officially
 1912  requests retention of fingerprints or for which retention is
 1913  otherwise required As authorized by law, search all arrest
 1914  fingerprint submissions cards received under s. 943.051 against
 1915  the fingerprints retained in the statewide automated fingerprint
 1916  identification system under paragraph (g).
 1917         1. Any arrest record that is identified with the retained
 1918  fingerprints of a person subject to background screening as
 1919  provided in paragraph (g) shall be reported to the appropriate
 1920  agency or qualified entity.
 1921         2. To Agencies may participate in this search process,
 1922  agencies or qualified entities must notify each person
 1923  fingerprinted that his or her fingerprints will be retained, pay
 1924  by payment of an annual fee to the department, and inform by
 1925  informing the department of any change in the affiliation,
 1926  employment, or contractual status or place of affiliation,
 1927  employment, or contracting of each person the persons whose
 1928  fingerprints are retained under paragraph (g) when such change
 1929  removes or eliminates the agency or qualified entity’s basis or
 1930  need for receiving reports of any arrest of that person, so that
 1931  the agency or qualified entity will not be obligated to pay the
 1932  upcoming annual fee for the retention and searching of that
 1933  person’s fingerprints to the department. The department shall
 1934  adopt a rule setting the amount of the annual fee to be imposed
 1935  upon each participating agency or qualified entity for
 1936  performing these searches and establishing the procedures for
 1937  the retention of fingerprints and the dissemination of search
 1938  results. The fee may be borne by the agency, qualified entity,
 1939  or person subject to fingerprint retention or as otherwise
 1940  provided by law. Fees may be waived or reduced by the executive
 1941  director for good cause shown. Consistent with the recognition
 1942  of criminal justice agencies expressed in s. 943.053(3), these
 1943  services will be provided to criminal justice agencies for
 1944  criminal justice purposes free of charge.
 1945         3. Agencies that participate in the fingerprint retention
 1946  and search process may adopt rules pursuant to ss. 120.536(1)
 1947  and 120.54 to require employers to keep the agency informed of
 1948  any change in the affiliation, employment, or contractual status
 1949  of each person whose fingerprints are retained under paragraph
 1950  (g) when such change removes or eliminates the agency’s basis or
 1951  need for receiving reports of any arrest of that person, so that
 1952  the agency will not be obligated to pay the upcoming annual fee
 1953  for the retention and searching of that person’s fingerprints to
 1954  the department.
 1955         (4) Upon notification that a federal fingerprint retention
 1956  program is in effect, and subject to the department being funded
 1957  and equipped to participate in such a program, the department
 1958  shall, when state and national criminal history records checks
 1959  and retention of submitted prints are authorized or required by
 1960  law, retain the fingerprints as provided in paragraphs (2)(g)
 1961  and (h) and advise the Federal Bureau of Investigation to retain
 1962  the fingerprints at the national level for searching against
 1963  arrest fingerprint submissions received at the national level.
 1964         Section 42. Subsections (6) and (11) of section 943.053,
 1965  Florida Statutes, are amended to read:
 1966         943.053 Dissemination of criminal justice information;
 1967  fees.—
 1968         (6) Notwithstanding any other provision of law, the
 1969  department shall provide to the Florida Department of Revenue
 1970  Child Support Enforcement access to Florida criminal records
 1971  which are not exempt from disclosure under chapter 119, and to
 1972  such information as may be lawfully available from other states
 1973  via the National Law Enforcement Telecommunications System, for
 1974  the purpose of locating subjects who owe or potentially owe
 1975  support, as defined in s. 409.2554, or to whom such obligation
 1976  is owed pursuant to Title IV-D of the Social Security Act. Such
 1977  information may be provided to child support enforcement
 1978  authorities in other states for these specific purposes.
 1979         (11) A criminal justice agency that is authorized under
 1980  federal rules or law to conduct a criminal history background
 1981  check on an agency employee who is not certified by the Criminal
 1982  Justice Standards and Training Commission under s. 943.12 may
 1983  submit to the department the fingerprints of the noncertified
 1984  employee to obtain state and national criminal history
 1985  information. Effective January 15, 2007, The fingerprints
 1986  submitted shall be retained and entered in the statewide
 1987  automated fingerprint identification system authorized by s.
 1988  943.05 and shall be available for all purposes and uses
 1989  authorized for arrest fingerprint submissions cards entered in
 1990  the statewide automated fingerprint identification system
 1991  pursuant to s. 943.051. The department shall search all arrest
 1992  fingerprint submissions cards received pursuant to s. 943.051
 1993  against the fingerprints retained in the statewide automated
 1994  fingerprint identification system pursuant to this section. In
 1995  addition to all purposes and uses authorized for arrest
 1996  fingerprint submissions cards for which submitted fingerprints
 1997  may be used, any arrest record that is identified with the
 1998  retained employee fingerprints must be reported to the
 1999  submitting employing agency.
 2000         Section 43. Section 985.644, Florida Statutes, is amended
 2001  to read:
 2002         985.644 Departmental contracting powers; personnel
 2003  standards and screening.—
 2004         (1) The department of Juvenile Justice or the Department of
 2005  Children and Family Services, as appropriate, may contract with
 2006  the Federal Government, other state departments and agencies,
 2007  county and municipal governments and agencies, public and
 2008  private agencies, and private individuals and corporations in
 2009  carrying out the purposes of, and the responsibilities
 2010  established in, this chapter.
 2011         (a) When the Department of Juvenile Justice or the
 2012  Department of Children and Family Services contracts with a
 2013  provider for any program for children, all personnel, including
 2014  owners, operators, employees, and volunteers, in the facility
 2015  must be of good moral character. Each contract entered into by
 2016  the either department for services delivered on an appointment
 2017  or intermittent basis by a provider that does not have regular
 2018  custodial responsibility for children and each contract with a
 2019  school for before or aftercare services must ensure that the all
 2020  owners, operators, and all personnel who have direct contact
 2021  with children are subject to level 2 background screening
 2022  pursuant to chapter 435 of good moral character.
 2023         (b) A volunteer who assists the department or any program
 2024  for children on an intermittent basis for less than 40 hours per
 2025  month need not be screened if the volunteer is under direct and
 2026  constant supervision by persons who meet the screening
 2027  requirements.
 2028         (b) The Department of Juvenile Justice and the Department
 2029  of Children and Family Services shall require employment
 2030  screening pursuant to chapter 435, using the level 2 standards
 2031  set forth in that chapter for personnel in programs for children
 2032  or youths.
 2033         (c) The Department of Juvenile Justice or the Department of
 2034  Children and Family Services may grant exemptions from
 2035  disqualification from working with children as provided in s.
 2036  435.07.
 2037         (2) The department may contract with the Federal
 2038  Government, other state departments and agencies, county and
 2039  municipal governments and agencies, public and private agencies,
 2040  and private individuals and corporations in carrying out the
 2041  purposes and the responsibilities of the delinquency services
 2042  and programs of the department.
 2043         (3) The department shall adopt a rule pursuant to chapter
 2044  120 establishing a procedure to provide notice of policy changes
 2045  that affect contracted delinquency services and programs. A
 2046  policy is defined as an operational requirement that applies to
 2047  only the specified contracted delinquency service or program.
 2048  The procedure shall include:
 2049         (a) Public notice of policy development.
 2050         (b) Opportunity for public comment on the proposed policy.
 2051         (c) Assessment for fiscal impact upon the department and
 2052  providers.
 2053         (d) The department’s response to comments received.
 2054         (4) When the department contracts with a provider for any
 2055  delinquency service or program, all personnel, including all
 2056  owners, operators, employees, and volunteers in the facility or
 2057  providing the service or program shall be of good moral
 2058  character. A volunteer who assists on an intermittent basis for
 2059  less than 40 hours per month is not required to be screened if
 2060  the volunteer is under direct and constant supervision by
 2061  persons who meet the screening requirements.
 2062         (3)(5)(a) All employees of the department and all personnel
 2063  of contract providers for any program for children, including
 2064  all owners, operators, employees, persons who have access to
 2065  confidential juvenile records, and volunteers, must complete For
 2066  any person employed by the department, or by a provider under
 2067  contract with the department, in delinquency facilities,
 2068  services, or programs, the department shall require:
 2069         1. A level 2 employment screening pursuant to chapter 435
 2070  prior to employment. The security background investigations
 2071  conducted under this section must ensure that, in addition to
 2072  the disqualifying offenses listed in s. 435.04, no person
 2073  subject to the background screening provisions of this section
 2074  has been found guilty of, regardless of adjudication, or entered
 2075  a plea of nolo contendere or guilty to, any offense prohibited
 2076  under any of the following provisions of the Florida Statutes or
 2077  under any similar statute of another jurisdiction:
 2078         a. Section 784.07, relating to assault or battery of law
 2079  enforcement officers, firefighters, emergency medical care
 2080  providers, public transit employees or agents, or other
 2081  specified officers.
 2082         b. Section 817.568, relating to criminal use of personal
 2083  identification information.
 2084         2. A national federal criminal records check by the Federal
 2085  Bureau of Investigation every 5 years following the date of the
 2086  person’s employment.
 2087         (b) Except for law enforcement, correctional, and
 2088  correctional probation officers, to whom s. 943.13(5) applies,
 2089  the department shall electronically submit to the Department of
 2090  Law Enforcement:
 2091         1. Fingerprint information obtained during the employment
 2092  screening required by subparagraph (a)1.
 2093         2. Beginning on December 15, 2005, Fingerprint information
 2094  for all persons employed by the department, or by a provider
 2095  under contract with the department, in delinquency facilities,
 2096  services, or programs if such fingerprint information has not
 2097  previously been electronically submitted to the Department of
 2098  Law Enforcement under this paragraph.
 2099         (c) All fingerprint information electronically submitted to
 2100  the Department of Law Enforcement under paragraph (b) shall be
 2101  retained by the Department of Law Enforcement and entered into
 2102  the statewide automated fingerprint identification system
 2103  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
 2104  information shall be available for all purposes and uses
 2105  authorized for arrest fingerprint information entered into the
 2106  statewide automated fingerprint identification system pursuant
 2107  to s. 943.051 until the fingerprint information is removed
 2108  pursuant to paragraph (e). The Department of Law Enforcement
 2109  shall search all arrest fingerprint information received
 2110  pursuant to s. 943.051 against the fingerprint information
 2111  entered into the statewide automated fingerprint system pursuant
 2112  to this subsection. Any arrest records identified as a result of
 2113  the search shall be reported to the department in the manner and
 2114  timeframe established by the Department of Law Enforcement by
 2115  rule.
 2116         (d) The department shall pay an annual fee to the
 2117  Department of Law Enforcement for its costs resulting from the
 2118  fingerprint information retention services required by this
 2119  subsection. The amount of the annual fee and procedures for the
 2120  submission and retention of fingerprint information and for the
 2121  dissemination of search results shall be established by the
 2122  Department of Law Enforcement by a rule that is applicable to
 2123  the department individually pursuant to this subsection or that
 2124  is applicable to the department and other employing agencies
 2125  pursuant to rulemaking authority otherwise provided by law. The
 2126  appropriate agency is responsible for collecting and paying any
 2127  fee related to fingerprints retained on its behalf to the
 2128  Department of Law Enforcement for costs resulting from the
 2129  fingerprint information retention services. The amount of the
 2130  annual fee and procedures for the submission and retention of
 2131  fingerprint information and for the dissemination of search
 2132  results shall be established by rule of the Department of Law
 2133  Enforcement.
 2134         (e) The department shall notify the Department of Law
 2135  Enforcement when a person whose fingerprint information is
 2136  retained by the Department of Law Enforcement under this
 2137  subsection is no longer employed by the department, or by a
 2138  provider under contract with the department, in a delinquency
 2139  facility, service, or program. This notice shall be provided by
 2140  the department to the Department of Law Enforcement no later
 2141  than 6 months after the date of the change in the person’s
 2142  employment status. Fingerprint information for persons
 2143  identified by the department in the notice shall be removed from
 2144  the statewide automated fingerprint system.
 2145         (6) The department may grant exemptions from
 2146  disqualification from working with children as provided in s.
 2147  435.07.
 2148         (7) The department may adopt rules pursuant to ss.
 2149  120.536(1) and 120.54 to describe the procedure and requirements
 2150  necessary to implement the employment screening and fingerprint
 2151  retention services for all employees of the department and all
 2152  personnel of contract providers for any program for children,
 2153  including all owners, operators, employees, and volunteers,
 2154  including the collection of associated fees.
 2155         Section 44. Paragraph (a) of subsection (1) of section
 2156  381.60225, Florida Statutes, is amended to read:
 2157         381.60225 Background screening.—
 2158         (1) Each applicant for certification must comply with the
 2159  following requirements:
 2160         (a) Upon receipt of a completed, signed, and dated
 2161  application, the Agency for Health Care Administration shall
 2162  require background screening, in accordance with the level 2
 2163  standards for screening set forth in chapter 435, of the
 2164  managing employee, or other similarly titled individual
 2165  responsible for the daily operation of the organization, agency,
 2166  or entity, and financial officer, or other similarly titled
 2167  individual who is responsible for the financial operation of the
 2168  organization, agency, or entity, including billings for
 2169  services. The applicant must comply with the procedures for
 2170  level 2 background screening as set forth in chapter 435, as
 2171  well as the requirements of s. 435.03(3).
 2172         Section 45. Subsection (32) of section 409.912, Florida
 2173  Statutes, is amended to read:
 2174         409.912 Cost-effective purchasing of health care.—The
 2175  agency shall purchase goods and services for Medicaid recipients
 2176  in the most cost-effective manner consistent with the delivery
 2177  of quality medical care. To ensure that medical services are
 2178  effectively utilized, the agency may, in any case, require a
 2179  confirmation or second physician’s opinion of the correct
 2180  diagnosis for purposes of authorizing future services under the
 2181  Medicaid program. This section does not restrict access to
 2182  emergency services or poststabilization care services as defined
 2183  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2184  shall be rendered in a manner approved by the agency. The agency
 2185  shall maximize the use of prepaid per capita and prepaid
 2186  aggregate fixed-sum basis services when appropriate and other
 2187  alternative service delivery and reimbursement methodologies,
 2188  including competitive bidding pursuant to s. 287.057, designed
 2189  to facilitate the cost-effective purchase of a case-managed
 2190  continuum of care. The agency shall also require providers to
 2191  minimize the exposure of recipients to the need for acute
 2192  inpatient, custodial, and other institutional care and the
 2193  inappropriate or unnecessary use of high-cost services. The
 2194  agency shall contract with a vendor to monitor and evaluate the
 2195  clinical practice patterns of providers in order to identify
 2196  trends that are outside the normal practice patterns of a
 2197  provider’s professional peers or the national guidelines of a
 2198  provider’s professional association. The vendor must be able to
 2199  provide information and counseling to a provider whose practice
 2200  patterns are outside the norms, in consultation with the agency,
 2201  to improve patient care and reduce inappropriate utilization.
 2202  The agency may mandate prior authorization, drug therapy
 2203  management, or disease management participation for certain
 2204  populations of Medicaid beneficiaries, certain drug classes, or
 2205  particular drugs to prevent fraud, abuse, overuse, and possible
 2206  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2207  Committee shall make recommendations to the agency on drugs for
 2208  which prior authorization is required. The agency shall inform
 2209  the Pharmaceutical and Therapeutics Committee of its decisions
 2210  regarding drugs subject to prior authorization. The agency is
 2211  authorized to limit the entities it contracts with or enrolls as
 2212  Medicaid providers by developing a provider network through
 2213  provider credentialing. The agency may competitively bid single
 2214  source-provider contracts if procurement of goods or services
 2215  results in demonstrated cost savings to the state without
 2216  limiting access to care. The agency may limit its network based
 2217  on the assessment of beneficiary access to care, provider
 2218  availability, provider quality standards, time and distance
 2219  standards for access to care, the cultural competence of the
 2220  provider network, demographic characteristics of Medicaid
 2221  beneficiaries, practice and provider-to-beneficiary standards,
 2222  appointment wait times, beneficiary use of services, provider
 2223  turnover, provider profiling, provider licensure history,
 2224  previous program integrity investigations and findings, peer
 2225  review, provider Medicaid policy and billing compliance records,
 2226  clinical and medical record audits, and other factors. Providers
 2227  shall not be entitled to enrollment in the Medicaid provider
 2228  network. The agency shall determine instances in which allowing
 2229  Medicaid beneficiaries to purchase durable medical equipment and
 2230  other goods is less expensive to the Medicaid program than long
 2231  term rental of the equipment or goods. The agency may establish
 2232  rules to facilitate purchases in lieu of long-term rentals in
 2233  order to protect against fraud and abuse in the Medicaid program
 2234  as defined in s. 409.913. The agency may seek federal waivers
 2235  necessary to administer these policies.
 2236         (32) Each managed care plan that is under contract with the
 2237  agency to provide health care services to Medicaid recipients
 2238  shall annually conduct a background check with the Florida
 2239  Department of Law Enforcement of all persons with ownership
 2240  interest of 5 percent or more or executive management
 2241  responsibility for the managed care plan and shall submit to the
 2242  agency information concerning any such person who has been found
 2243  guilty of, regardless of adjudication, or has entered a plea of
 2244  nolo contendere or guilty to, any of the offenses listed in s.
 2245  435.04 435.03.
 2246         Section 46. Paragraph (e) of subsection (1) of section
 2247  464.018, Florida Statutes, is amended to read:
 2248         464.018 Disciplinary actions.—
 2249         (1) The following acts constitute grounds for denial of a
 2250  license or disciplinary action, as specified in s. 456.072(2):
 2251         (e) Having been found guilty of, regardless of
 2252  adjudication, or entered a plea of nolo contendere or guilty to,
 2253  any offense prohibited under s. 435.04 435.03 or under any
 2254  similar statute of another jurisdiction; or having committed an
 2255  act which constitutes domestic violence as defined in s. 741.28.
 2256         Section 47. Paragraph (m) of subsection (1) of section
 2257  468.3101, Florida Statutes, is amended to read:
 2258         468.3101 Disciplinary grounds and actions.—
 2259         (1) The department may make or require to be made any
 2260  investigations, inspections, evaluations, and tests, and require
 2261  the submission of any documents and statements, which it
 2262  considers necessary to determine whether a violation of this
 2263  part has occurred. The following acts shall be grounds for
 2264  disciplinary action as set forth in this section:
 2265         (m) Having been found guilty of, regardless of
 2266  adjudication, or pleading guilty or nolo contendere to, any
 2267  offense prohibited under s. 435.04 435.03 or under any similar
 2268  statute of another jurisdiction.
 2269         Section 48. Subsection (3) of section 744.309, Florida
 2270  Statutes, is amended to read:
 2271         744.309 Who may be appointed guardian of a resident ward.—
 2272         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 2273  of a felony or who, from any incapacity or illness, is incapable
 2274  of discharging the duties of a guardian, or who is otherwise
 2275  unsuitable to perform the duties of a guardian, shall be
 2276  appointed to act as guardian. Further, no person who has been
 2277  judicially determined to have committed abuse, abandonment, or
 2278  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 2279  (2), and (37), or who has been found guilty of, regardless of
 2280  adjudication, or entered a plea of nolo contendere or guilty to,
 2281  any offense prohibited under s. 435.04 435.03 or under any
 2282  similar statute of another jurisdiction, shall be appointed to
 2283  act as a guardian. Except as provided in subsection (5) or
 2284  subsection (6), a person who provides substantial services to
 2285  the proposed ward in a professional or business capacity, or a
 2286  creditor of the proposed ward, may not be appointed guardian and
 2287  retain that previous professional or business relationship. A
 2288  person may not be appointed a guardian if he or she is in the
 2289  employ of any person, agency, government, or corporation that
 2290  provides service to the proposed ward in a professional or
 2291  business capacity, except that a person so employed may be
 2292  appointed if he or she is the spouse, adult child, parent, or
 2293  sibling of the proposed ward or the court determines that the
 2294  potential conflict of interest is insubstantial and that the
 2295  appointment would clearly be in the proposed ward’s best
 2296  interest. The court may not appoint a guardian in any other
 2297  circumstance in which a conflict of interest may occur.
 2298         Section 49. Subsection (12) of section 744.474, Florida
 2299  Statutes, is amended to read:
 2300         744.474 Reasons for removal of guardian.—A guardian may be
 2301  removed for any of the following reasons, and the removal shall
 2302  be in addition to any other penalties prescribed by law:
 2303         (12) Having been found guilty of, regardless of
 2304  adjudication, or entered a plea of nolo contendere or guilty to,
 2305  any offense prohibited under s. 435.04 435.03 or under any
 2306  similar statute of another jurisdiction.
 2307         Section 50. Paragraph (a) of subsection (6) of section
 2308  985.04, Florida Statutes, is amended to read:
 2309         985.04 Oaths; records; confidential information.—
 2310         (6)(a) Records maintained by the department, including
 2311  copies of records maintained by the court, which pertain to a
 2312  child found to have committed a delinquent act which, if
 2313  committed by an adult, would be a crime specified in s. ss.
 2314  435.03 and 435.04 may not be destroyed under this section for a
 2315  period of 25 years after the youth’s final referral to the
 2316  department, except in cases of the death of the child. Such
 2317  records, however, shall be sealed by the court for use only in
 2318  meeting the screening requirements for personnel in s. 402.3055
 2319  and the other sections cited above, or under departmental rule;
 2320  however, current criminal history information must be obtained
 2321  from the Department of Law Enforcement in accordance with s.
 2322  943.053. The information shall be released to those persons
 2323  specified in the above cited sections for the purposes of
 2324  complying with those sections. The court may punish by contempt
 2325  any person who releases or uses the records for any unauthorized
 2326  purpose.
 2327         Section 51. The changes made by this act are intended to be
 2328  prospective in nature. It is not intended that persons who are
 2329  employed or licensed on the effective date of this act be
 2330  rescreened until such time as they are otherwise required to be
 2331  rescreened pursuant to law, at which time they must meet the
 2332  requirements for screening as set forth in this act.
 2333         Section 52. This act shall take effect July 1, 2010.

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