Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1112
       
       
       
       
       
       
                                Barcode 256948                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
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       The Committee on Health Policy (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 322.142, Florida
    6  Statutes, is amended to read:
    7         322.142 Color photographic or digital imaged licenses.—
    8         (4) The department may maintain a film negative or print
    9  file. The department shall maintain a record of the digital
   10  image and signature of the licensees, together with other data
   11  required by the department for identification and retrieval.
   12  Reproductions from the file or digital record are exempt from
   13  the provisions of s. 119.07(1) and shall be made and issued only
   14  for departmental administrative purposes; for the issuance of
   15  duplicate licenses; in response to law enforcement agency
   16  requests; to the Department of Business and Professional
   17  Regulation pursuant to an interagency agreement for the purpose
   18  of accessing digital images for reproduction of licenses issued
   19  by the Department of Business and Professional Regulation; to
   20  the Department of State pursuant to an interagency agreement to
   21  facilitate determinations of eligibility of voter registration
   22  applicants and registered voters in accordance with ss. 98.045
   23  and 98.075; to the Department of Revenue pursuant to an
   24  interagency agreement for use in establishing paternity and
   25  establishing, modifying, or enforcing support obligations in
   26  Title IV-D cases; to the Department of Children and Family
   27  Services pursuant to an interagency agreement to conduct
   28  protective investigations under part III of chapter 39 and
   29  chapter 415; to the Department of Children and Family Services
   30  pursuant to an interagency agreement specifying the number of
   31  employees in each of that department’s regions to be granted
   32  access to the records for use as verification of identity to
   33  expedite the determination of eligibility for public assistance
   34  and for use in public assistance fraud investigations; to the
   35  Agency for Health Care Administration pursuant to an interagency
   36  agreement for the purpose of verifying photographs in the Care
   37  Provider Background Screening Clearinghouse authorized in s.
   38  435.12; to the Department of Financial Services pursuant to an
   39  interagency agreement to facilitate the location of owners of
   40  unclaimed property, the validation of unclaimed property claims,
   41  and the identification of fraudulent or false claims; or to
   42  district medical examiners pursuant to an interagency agreement
   43  for the purpose of identifying a deceased individual,
   44  determining cause of death, and notifying next of kin of any
   45  investigations, including autopsies and other laboratory
   46  examinations, authorized in s. 406.011.
   47         Section 2. Subsection (4) of section 408.809, Florida
   48  Statutes, is amended to read:
   49         408.809 Background screening; prohibited offenses.—
   50         (4) In addition to the offenses listed in s. 435.04, all
   51  persons required to undergo background screening pursuant to
   52  this part or authorizing statutes must not have an arrest
   53  awaiting final disposition for, must not have been found guilty
   54  of, regardless of adjudication, or entered a plea of nolo
   55  contendere or guilty to, and must not have been adjudicated
   56  delinquent and the record not have been sealed or expunged for
   57  any of the following offenses or any similar offense of another
   58  jurisdiction:
   59         (a) Any authorizing statutes, if the offense was a felony.
   60         (b) This chapter, if the offense was a felony.
   61         (c) Section 409.920, relating to Medicaid provider fraud.
   62         (d) Section 409.9201, relating to Medicaid fraud.
   63         (e) Section 741.28, relating to domestic violence.
   64         (f) Section 777.04, relating to attempts, solicitation, and
   65  conspiracy to commit an offense listed in this subsection.
   66         (g)(f) Section 817.034, relating to fraudulent acts through
   67  mail, wire, radio, electromagnetic, photoelectronic, or
   68  photooptical systems.
   69         (h)(g) Section 817.234, relating to false and fraudulent
   70  insurance claims.
   71         (i) Section 817.481, relating to obtaining goods by using
   72  false, expired, etc., credit cards, if the offense was a felony.
   73         (j) Section 817.50, relating to fraudulently obtaining
   74  goods, services, etc., from a health care provider.
   75         (k)(h) Section 817.505, relating to patient brokering.
   76         (l)(i) Section 817.568, relating to criminal use of
   77  personal identification information.
   78         (m)(j) Section 817.60, relating to obtaining a credit card
   79  through fraudulent means.
   80         (n)(k) Section 817.61, relating to fraudulent use of credit
   81  cards, if the offense was a felony.
   82         (o)(l) Section 831.01, relating to forgery.
   83         (p)(m) Section 831.02, relating to uttering forged
   84  instruments.
   85         (q)(n) Section 831.07, relating to forging bank bills,
   86  checks, drafts, or promissory notes.
   87         (r)(o) Section 831.09, relating to uttering forged bank
   88  bills, checks, drafts, or promissory notes.
   89         (s)(p) Section 831.30, relating to fraud in obtaining
   90  medicinal drugs.
   91         (t)(q) Section 831.31, relating to the sale, manufacture,
   92  delivery, or possession with the intent to sell, manufacture, or
   93  deliver any counterfeit controlled substance, if the offense was
   94  a felony.
   95         (u) Section 895.03, relating to racketeering and illegal
   96  debts.
   97         (v) Section 896.101, relating to the Florida Money
   98  Laundering Act.
   99         Section 3. Paragraphs (d) through (yy) of subsection (2) of
  100  section 435.04, Florida Statutes, are redesignated as paragraphs
  101  (e) through (zz), respectively, paragraph (e) of subsection (1)
  102  of that section is amended, and a new paragraph (d) is added to
  103  subsection (2) of that section, to read:
  104         435.04 Level 2 screening standards.—
  105         (1)
  106         (e) Vendors who submit fingerprints on behalf of employers
  107  must:
  108         1. Meet the requirements of s. 943.053; and
  109         2. Have the ability to communicate electronically with the
  110  state agency accepting screening results from the Department of
  111  Law Enforcement and provide the first, middle, and last name;
  112  social security number; date of birth; mailing address; sex; and
  113  race of the applicant a photograph of the applicant taken at the
  114  time the fingerprints are submitted.
  115         (2) The security background investigations under this
  116  section must ensure that no persons subject to the provisions of
  117  this section have been arrested for and are awaiting final
  118  disposition of, have been found guilty of, regardless of
  119  adjudication, or entered a plea of nolo contendere or guilty to,
  120  or have been adjudicated delinquent and the record has not been
  121  sealed or expunged for, any offense prohibited under any of the
  122  following provisions of state law or similar law of another
  123  jurisdiction:
  124         (d) Section 777.04, relating to attempts, solicitation, and
  125  conspiracy to commit an offense.
  126         Section 4. Subsections (1) and (2) of section 435.07,
  127  Florida Statutes, are amended to read:
  128         435.07 Exemptions from disqualification.—Unless otherwise
  129  provided by law, the provisions of this section apply to
  130  exemptions from disqualification for disqualifying offenses
  131  revealed pursuant to background screenings required under this
  132  chapter, regardless of whether those disqualifying offenses are
  133  listed in this chapter or other laws.
  134         (1)(a) The head of the appropriate agency may grant to any
  135  employee otherwise disqualified from employment an exemption
  136  from disqualification for:
  137         1.(a) Felonies for which at least 3 years have elapsed
  138  since the applicant for the exemption has completed or been
  139  lawfully released from confinement, supervision, or nonmonetary
  140  condition imposed by the court sanction for the disqualifying
  141  felony;
  142         2.(b) Misdemeanors prohibited under any of the statutes
  143  cited in this chapter or under similar statutes of other
  144  jurisdictions for which the applicant for the exemption has
  145  completed or been lawfully released from confinement,
  146  supervision, or nonmonetary condition imposed by the court
  147  sanction;
  148         3.(c) Offenses that were felonies when committed but that
  149  are now misdemeanors and for which the applicant for the
  150  exemption has completed or been lawfully released from
  151  confinement, supervision, or nonmonetary condition imposed by
  152  the court sanction; or
  153         4.(d) Findings of delinquency. For offenses that would be
  154  felonies if committed by an adult and the record has not been
  155  sealed or expunged, the exemption may not be granted until at
  156  least 3 years have elapsed since the applicant for the exemption
  157  has completed or been lawfully released from confinement,
  158  supervision, or nonmonetary condition imposed by the court
  159  sanction for the disqualifying offense.
  160         (b) A person who wishes to apply for an exemption who was
  161  ordered to pay any amount for any fee, fine, fund, lien, civil
  162  judgment, application, costs of prosecution, trust, or
  163  restitution as part of the judgment and sentence for any
  164  disqualifying felony or misdemeanor must have paid the court
  165  ordered amount in full before being eligible for an exemption.
  166  
  167  For the purposes of this subsection, the term “felonies” means
  168  both felonies prohibited under any of the statutes cited in this
  169  chapter or under similar statutes of other jurisdictions.
  170         (2) Persons employed, or applicants for employment, by
  171  treatment providers who treat adolescents 13 years of age and
  172  older who are disqualified from employment solely because of
  173  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
  174  exempted from disqualification from employment pursuant to this
  175  chapter without application of the waiting period in
  176  subparagraph (1)(a)1 paragraph (1)(a).
  177         Section 5. Subsection (2) of section 435.12, Florida
  178  Statutes, is amended to read:
  179         435.12 Care Provider Background Screening Clearinghouse.—
  180         (2)(a) To ensure that the information in the clearinghouse
  181  is current, the fingerprints of an employee required to be
  182  screened by a specified agency and included in the clearinghouse
  183  must be:
  184         1. Retained by the Department of Law Enforcement pursuant
  185  to s. 943.05(2)(g) and (h) and (3), and the Department of Law
  186  Enforcement must report the results of searching those
  187  fingerprints against state incoming arrest fingerprint
  188  submissions to the Agency for Health Care Administration for
  189  inclusion in the clearinghouse.
  190         2. Resubmitted for a Federal Bureau of Investigation
  191  national criminal history check every 5 years until such time as
  192  the fingerprints are retained by the Federal Bureau of
  193  Investigation.
  194         3. Subject to retention on a 5-year renewal basis with fees
  195  collected at the time of initial submission or resubmission of
  196  fingerprints.
  197         4. Submitted with a photograph of the person taken at the
  198  time the fingerprints are submitted.
  199         (b) Until such time as the fingerprints are retained at the
  200  Federal Bureau of Investigation, an employee with a break in
  201  service of more than 90 days from a position that requires
  202  screening by a specified agency must submit to a national
  203  screening if the person returns to a position that requires
  204  screening by a specified agency.
  205         (c) An employer of persons subject to screening by a
  206  specified agency must register with the clearinghouse and
  207  maintain the employment status of all employees within the
  208  clearinghouse. Initial employment status and any changes in
  209  status must be reported within 10 business days.
  210         (d) An employer must register and initiate all criminal
  211  history checks through the clearinghouse before referring an
  212  employee or potential employee for electronic fingerprint
  213  submission to the Department of Law Enforcement. The
  214  registration must include the employee’s full name (first,
  215  middle, last), social security number, date of birth, mailing
  216  address, sex, and race.
  217         Section 6. This act shall take effect July 1, 2013.
  218  
  219  ================= T I T L E  A M E N D M E N T ================
  220         And the title is amended as follows:
  221         Delete everything before the enacting clause
  222  and insert:
  223                        A bill to be entitled                      
  224         An act relating to background screening; amending s.
  225         322.142, F.S.; allowing the Department of Highway
  226         Safety and Motor Vehicles to share driver license
  227         photographs with the Agency for Health Care
  228         Administration pursuant to an interagency agreement;
  229         amending s. 408.809, F.S.; adding additional
  230         disqualifying offenses to background screening
  231         provisions; amending s. 435.04, F.S.; revising
  232         information to be submitted for a background
  233         screening; adding additional disqualifying offenses;
  234         amending s. 435.07, F.S.; revising terminology;
  235         requiring that individuals seeking an exemption from
  236         disqualification must have completed all nonmonetary
  237         conditions imposed by the court for the disqualifying
  238         felony; requiring that all persons seeking an
  239         exemption from disqualification have paid any court
  240         ordered monetary penalty in full before being eligible
  241         to apply; amending s. 435.12, F.S.; requiring that a
  242         photograph of the person taken at the time the
  243         fingerprints are processed be submitted to the Care
  244         Provider Background Screening Clearinghouse before
  245         submission of the electronic fingerprints; requiring
  246         specified information to be included with the
  247         initiation of the screening registration within the
  248         clearinghouse; providing an effective date.