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.