Florida Senate - 2013                                    SB 1668
       
       
       
       By Senator Sobel
       
       
       
       
       33-01332B-13                                          20131668__
    1                        A bill to be entitled                      
    2         An act relating to the screening of direct service
    3         transit providers and volunteers; creating s.
    4         427.0156, F.S.; defining terms; requiring direct
    5         service transit providers to submit to level 2
    6         background screening; requiring that the background
    7         screening include employment history checks and local
    8         criminal records checks through local law enforcement
    9         agencies; specifying penalties for refusal to comply
   10         with the screening process; requiring the Agency for
   11         Persons with Disabilities, in consultation with the
   12         Department of Elderly Affairs, to adopt rules to
   13         establish a schedule to stagger the implementation of
   14         the screening program over a specified time frame;
   15         requiring direct service transit providers to be
   16         rescreened every 5 years; providing an exemption;
   17         identifying additional criminal offenses that may
   18         disqualify direct service transit providers; requiring
   19         direct service transit providers to pay the costs of
   20         screening activities; requiring the transit providers
   21         to complete screening by a specified date; providing
   22         an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 427.0156, Florida Statutes, is created
   27  to read:
   28         427.0156 Screening of direct service transit providers.—
   29         (1) As used in this section, the term:
   30         (a) “Agency” means the Agency for Persons with
   31  Disabilities.
   32         (b) “Direct service transit provider” means a person 18
   33  years of age or older who provides public or private paratransit
   34  services to the elderly and persons who have disabilities and
   35  who has direct, face-to-face contact with a passenger while
   36  providing these services. The term includes coordinators,
   37  managers, and supervisors of paratransit employees and
   38  volunteers.
   39         (c) “Paratransit” has the same meaning as in s. 427.011.
   40  For this section, the term does not include bus drivers, drivers
   41  of taxicabs and towncars and does not apply to persons who
   42  transport family members and friends.
   43         (d) “Volunteer” means a person who provides assistance on
   44  an intermittent basis for less than 20 hours per month and who
   45  is not listed on the Department of Law Enforcement Career
   46  Offender Search or the Dru Sjodin National Sex Offender Public
   47  Website.
   48         (2) Direct service paratransit providers who are not
   49  otherwise expressly exempt from level 2 background screening
   50  pursuant to chapter 435 are subject to level 2 background
   51  screening. The screening must include employment history checks
   52  as provided in s. 435.03(1) and local criminal records checks
   53  through local law enforcement agencies.
   54         (3)(a) A direct transit service provider or volunteer who
   55  refuses to submit to the required background screening shall be
   56  immediately dismissed from employment.
   57         (b) An employer who refuses to dismiss a direct service
   58  transit provider found to be in noncompliance with this section
   59  forfeits its license or certification as a paratransit provider
   60  and any rate agreements, purchase orders, or contracts related
   61  to its paratransit services and is subject to any other
   62  sanctions or remedies authorized by law.
   63         (4) An individual serving as a direct service transit
   64  provider on July 31, 2013, must be screened by July 1, 2014. The
   65  agency, in consultation with the Department of Elderly Affairs,
   66  may adopt rules to establish a schedule to phase in
   67  implementation of the required screening during the 1-year
   68  period.
   69         (5) A direct service transit provider who previously
   70  qualified for employment or volunteer work under level 1
   71  screening standards, or an individual who is required under this
   72  section to be screened according to the level 2 screening
   73  standards established in chapter 435, shall be rescreened every
   74  5 years following the date of his or her most recent background
   75  screening unless his or her fingerprints are continuously
   76  retained and monitored by the Department of Law Enforcement in
   77  the federal fingerprint retention program according to the
   78  procedures specified in s. 943.05.
   79         (6) The background screening conducted pursuant to this
   80  section must ensure that, in addition to the disqualifying
   81  offenses listed in s. 435.04, the direct service transit
   82  provider or volunteer does not have an arrest awaiting final
   83  disposition for; has not been found guilty, regardless of
   84  adjudication, of; has not entered a plea of nolo contendere or
   85  guilty to; and does not have a record that has been sealed or
   86  expunged that includes adjudication as delinquent of an offense
   87  prohibited under the following provisions of state law or
   88  similar law of another jurisdiction:
   89         (a) Section 409.920, relating to Medicaid provider fraud.
   90         (b) Section 409.9201, relating to Medicaid fraud.
   91         (c) Section 817.034, relating to fraudulent acts through
   92  mail, wire, radio, electromagnetic, photoelectronic, or
   93  photooptical systems.
   94         (d) Section 817.234, relating to false and fraudulent
   95  insurance claims.
   96         (e) Section 817.505, relating to patient brokering.
   97         (f) Section 817.568, relating to criminal use of personal
   98  identification information.
   99         (g) Section 817.60, relating to obtaining a credit card
  100  through fraudulent means.
  101         (h) Section 817.61, relating to fraudulent use of credit
  102  cards, if the offense was a felony.
  103         (i) Section 831.01, relating to forgery.
  104         (j) Section 831.02, relating to uttering forged
  105  instruments.
  106         (k) Section 831.07, relating to forging bank bills, checks,
  107  drafts, or promissory notes.
  108         (l) Section 831.09, relating to uttering forged bank bills,
  109  checks, drafts, or promissory notes.
  110         (7) The costs of processing fingerprints and the state
  111  criminal records checks shall be borne by the direct service
  112  paratransit provider.
  113         (8) The criminal history background screening and the
  114  processing of fingerprints shall be completed no later than
  115  October 1, 2013.
  116         Section 2. This act shall take effect July 1, 2013.