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.