Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 975, 1st Eng.
       
       
       
       
       
       
                                Ì911548;Î911548                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/05/2024 07:07 PM       .                                
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       Senator Grall moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 259 - 480
    4  and insert:
    5         Section 3. Subsection (2) of section 435.04, Florida
    6  Statutes, as amended by section 2 of chapter 2023-220, Laws of
    7  Florida, is amended to read:
    8         435.04 Level 2 screening standards.—
    9         (2) The security background investigations under this
   10  section must ensure that persons subject to this section have
   11  not been arrested for and are awaiting final disposition of;,
   12  have not been found guilty of, regardless of adjudication, or
   13  entered a plea of nolo contendere or guilty to;, or have not
   14  been adjudicated delinquent and the record has not been sealed
   15  or expunged for, any offense prohibited under any of the
   16  following provisions of state law or similar law of another
   17  jurisdiction:
   18         (a) Section 39.205, relating to the failure to report child
   19  abuse, abandonment, or neglect.
   20         (b) Section 393.135, relating to sexual misconduct with
   21  certain developmentally disabled clients and reporting of such
   22  sexual misconduct.
   23         (c)(b) Section 394.4593, relating to sexual misconduct with
   24  certain mental health patients and reporting of such sexual
   25  misconduct.
   26         (d) Section 414.39, relating to fraud, if the offense was a
   27  felony.
   28         (e)(c) Section 415.111, relating to adult abuse, neglect,
   29  or exploitation of aged persons or disabled adults.
   30         (f)(d) Section 777.04, relating to attempts, solicitation,
   31  and conspiracy to commit an offense listed in this subsection.
   32         (g)(e) Section 782.04, relating to murder.
   33         (h)(f) Section 782.07, relating to manslaughter, aggravated
   34  manslaughter of an elderly person or disabled adult, or
   35  aggravated manslaughter of a child.
   36         (i)(g) Section 782.071, relating to vehicular homicide.
   37         (j)(h) Section 782.09, relating to killing of an unborn
   38  child by injury to the mother.
   39         (k)(i) Chapter 784, relating to assault, battery, and
   40  culpable negligence, if the offense was a felony.
   41         (l)(j) Section 784.011, relating to assault, if the victim
   42  of the offense was a minor.
   43         (m)(k) Section 784.021, relating to aggravated assault.
   44         (n)(l) Section 784.03, relating to battery, if the victim
   45  of the offense was a minor.
   46         (o)(m) Section 784.045, relating to aggravated battery.
   47         (p)(n) Section 784.075, relating to battery on staff of a
   48  detention or commitment facility or on a juvenile probation
   49  officer.
   50         (q)(o) Section 787.01, relating to kidnapping.
   51         (r)(p) Section 787.02, relating to false imprisonment.
   52         (s)(q) Section 787.025, relating to luring or enticing a
   53  child.
   54         (t)(r) Section 787.04(2), relating to taking, enticing, or
   55  removing a child beyond the state limits with criminal intent
   56  pending custody proceedings.
   57         (u)(s) Section 787.04(3), relating to carrying a child
   58  beyond the state lines with criminal intent to avoid producing a
   59  child at a custody hearing or delivering the child to the
   60  designated person.
   61         (v) Section 787.06, relating to human trafficking.
   62         (w) Section 787.07, relating to human smuggling.
   63         (x)(t) Section 790.115(1), relating to exhibiting firearms
   64  or weapons within 1,000 feet of a school.
   65         (y)(u) Section 790.115(2)(b), relating to possessing an
   66  electric weapon or device, destructive device, or other weapon
   67  on school property.
   68         (z)(v) Section 794.011, relating to sexual battery.
   69         (aa)(w) Former s. 794.041, relating to prohibited acts of
   70  persons in familial or custodial authority.
   71         (bb)(x) Section 794.05, relating to unlawful sexual
   72  activity with certain minors.
   73         (cc)(y) Section 794.08, relating to female genital
   74  mutilation.
   75         (dd)(z) Chapter 796, relating to prostitution.
   76         (ee)(aa) Section 798.02, relating to lewd and lascivious
   77  behavior.
   78         (ff)(bb) Chapter 800, relating to lewdness and indecent
   79  exposure and offenses against students by authority figures.
   80         (gg)(cc) Section 806.01, relating to arson.
   81         (hh)(dd) Section 810.02, relating to burglary.
   82         (ii)(ee) Section 810.14, relating to voyeurism, if the
   83  offense is a felony.
   84         (jj)(ff) Section 810.145, relating to video voyeurism, if
   85  the offense is a felony.
   86         (kk)(gg) Chapter 812, relating to theft, robbery, and
   87  related crimes, if the offense is a felony.
   88         (ll)(hh) Section 817.563, relating to fraudulent sale of
   89  controlled substances, only if the offense was a felony.
   90         (mm)(ii) Section 825.102, relating to abuse, aggravated
   91  abuse, or neglect of an elderly person or disabled adult.
   92         (nn)(jj) Section 825.1025, relating to lewd or lascivious
   93  offenses committed upon or in the presence of an elderly person
   94  or disabled adult.
   95         (oo)(kk) Section 825.103, relating to exploitation of an
   96  elderly person or disabled adult, if the offense was a felony.
   97         (pp)(ll) Section 826.04, relating to incest.
   98         (qq)(mm) Section 827.03, relating to child abuse,
   99  aggravated child abuse, or neglect of a child.
  100         (rr)(nn) Section 827.04, relating to contributing to the
  101  delinquency or dependency of a child.
  102         (ss)(oo) Former s. 827.05, relating to negligent treatment
  103  of children.
  104         (tt)(pp) Section 827.071, relating to sexual performance by
  105  a child.
  106         (uu) Section 831.311, relating to the unlawful sale,
  107  manufacture, alteration, delivery, uttering, or possession of
  108  counterfeit-resistant prescription blanks for controlled
  109  substances.
  110         (vv) Section 836.10, relating to written or electronic
  111  threats to kill, do bodily injury, or conduct a mass shooting or
  112  an act of terrorism.
  113         (ww)(qq) Section 843.01, relating to resisting arrest with
  114  violence.
  115         (xx)(rr) Section 843.025, relating to depriving a law
  116  enforcement, correctional, or correctional probation officer
  117  means of protection or communication.
  118         (yy)(ss) Section 843.12, relating to aiding in an escape.
  119         (zz)(tt) Section 843.13, relating to aiding in the escape
  120  of juvenile inmates in correctional institutions.
  121         (aaa)(uu) Chapter 847, relating to obscene literature.
  122         (bbb) Section 859.01, relating to poisoning food or water.
  123         (ccc) Section 873.01, relating to the prohibition on the
  124  purchase or sale of human organs and tissue.
  125         (ddd)(vv) Section 874.05, relating to encouraging or
  126  recruiting another to join a criminal gang.
  127         (eee)(ww) Chapter 893, relating to drug abuse prevention
  128  and control, only if the offense was a felony or if any other
  129  person involved in the offense was a minor.
  130         (fff)(xx) Section 916.1075, relating to sexual misconduct
  131  with certain forensic clients and reporting of such sexual
  132  misconduct.
  133         (ggg)(yy) Section 944.35(3), relating to inflicting cruel
  134  or inhuman treatment on an inmate resulting in great bodily
  135  harm.
  136         (hhh)(zz) Section 944.40, relating to escape.
  137         (iii)(aaa) Section 944.46, relating to harboring,
  138  concealing, or aiding an escaped prisoner.
  139         (jjj)(bbb) Section 944.47, relating to introduction of
  140  contraband into a correctional facility.
  141         (kkk)(ccc) Section 985.701, relating to sexual misconduct
  142  in juvenile justice programs.
  143         (lll)(ddd) Section 985.711, relating to contraband
  144  introduced into detention facilities.
  145         Section 4. Subsection (1) of section 435.07, Florida
  146  Statutes, as amended by section 3 of chapter 2023-220, Laws of
  147  Florida, is amended to read:
  148         435.07 Exemptions from disqualification.—Unless otherwise
  149  provided by law, the provisions of this section apply to
  150  exemptions from disqualification for disqualifying offenses
  151  revealed pursuant to background screenings required under this
  152  chapter, regardless of whether those disqualifying offenses are
  153  listed in this chapter or other laws.
  154         (1)(a) The head of the appropriate agency or qualified
  155  entity may grant to any employee or person with an affiliation
  156  otherwise disqualified from employment an exemption from
  157  disqualification for:
  158         1. Felonies for which at least 2 3 years have elapsed since
  159  the applicant for the exemption has completed or been lawfully
  160  released from confinement, supervision, or nonmonetary condition
  161  imposed by the court for the disqualifying felony;
  162         2. Misdemeanors prohibited under any of the statutes cited
  163  in this chapter or under similar statutes of other jurisdictions
  164  for which the applicant for the exemption has completed or been
  165  lawfully released from confinement, supervision, or nonmonetary
  166  condition imposed by the court;
  167         3. Offenses that were felonies when committed but that are
  168  now misdemeanors and for which the applicant for the exemption
  169  has completed or been lawfully released from confinement,
  170  supervision, or nonmonetary condition imposed by the court; or
  171         4. Findings of delinquency. For offenses that would be
  172  felonies if committed by an adult and the record has not been
  173  sealed or expunged, the exemption may not be granted until at
  174  least 3 years have elapsed since the applicant for the exemption
  175  has completed or been lawfully released from confinement,
  176  supervision, or nonmonetary condition imposed by the court for
  177  the disqualifying offense.
  178         (b) A person applying for an exemption who was ordered to
  179  pay any amount for any fee, fine, fund, lien, civil judgment,
  180  application, costs of prosecution, trust, or restitution as part
  181  of the judgment and sentence for any disqualifying felony or
  182  misdemeanor must pay the court-ordered amount in full before he
  183  or she is eligible for the exemption.
  184  
  185  For the purposes of this subsection, the term “felonies” means
  186  both felonies prohibited under any of the statutes cited in this
  187  chapter or under similar statutes of other jurisdictions.
  188         Section 5. Paragraph (a) of subsection (2) of section
  189  943.0438, Florida Statutes, as amended by section 5 of chapter
  190  2023-220, Laws of Florida, is amended to read:
  191         943.0438 Athletic coaches for independent sanctioning
  192  authorities.—
  193         (2) An independent sanctioning authority shall:
  194         (a) Effective January 1, 2025, conduct a level 2 background
  195  screening under s. 435.04 of each current and prospective
  196  athletic coach. The authority may not delegate this
  197  responsibility to an individual team and may not authorize any
  198  person to act as an athletic coach unless a level 2 background
  199  screening is conducted and does not result in disqualification
  200  under paragraph (b).
  201         Section 6. Subsection (1) of section 456.0135, Florida
  202  Statutes, is amended to read:
  203         456.0135 General background screening provisions.—
  204         (1) An application for initial licensure received on or
  205  after January 1, 2013, under chapter 458, chapter 459, chapter
  206  460, chapter 461, chapter 462, chapter 463, chapter 464, s.
  207  465.007, s. 465.0075, chapter 466, chapter 467, part I, part II,
  208  part III, part V, part X s. 465.022, part XIII, or part XIV of
  209  chapter 468, chapter 478, or chapter 480, chapter 483, chapter
  210  484, chapter 486, chapter 490, or chapter 491 must shall include
  211  fingerprints pursuant to procedures established by the
  212  department through a vendor approved by the Department of Law
  213  Enforcement and fees imposed for the initial screening and
  214  retention of fingerprints. Fingerprints must be submitted
  215  electronically to the Department of Law Enforcement for state
  216  processing, and the Department of Law Enforcement shall forward
  217  the fingerprints to the Federal Bureau of Investigation for
  218  national processing. Each board, or the department if there is
  219  no board, must shall screen the results to determine whether if
  220  an applicant meets licensure requirements. For any subsequent
  221  renewal of the applicant’s license which that requires a
  222  national criminal history check, the department shall request
  223  the Department of Law Enforcement to forward the retained
  224  fingerprints of the applicant to the Federal Bureau of
  225  Investigation unless the fingerprints are enrolled in the
  226  national retained print arrest notification program.
  227         Section 7. The background screening requirements of s.
  228  456.0135, Florida Statutes, which apply to initial licensure of
  229  a health care practitioner specified in that section also apply
  230  to such a practitioner’s next licensure renewal that takes place
  231  after July 1, 2025, if the practitioner was initially licensed
  232  before July 1, 2024, and has not previously complied with the
  233  background screening requirements before such renewal. The
  234  Department of Health may not renew the license of such a health
  235  care practitioner after July 1, 2025, until he or she complies
  236  with these background screening requirements.
  237         Section 8. Subsection (2) of section 457.105, Florida
  238  Statutes, is amended to read:
  239         457.105 Licensure qualifications and fees.—
  240         (2) A person may become licensed to practice acupuncture if
  241  the person applies to the department and meets all of the
  242  following criteria:
  243         (a) Is 21 years of age or older, has good moral character,
  244  and has the ability to communicate in English, which is
  245  demonstrated by having passed the national written examination
  246  in English or, if such examination was passed in a foreign
  247  language, by also having passed a nationally recognized English
  248  proficiency examination.;
  249         (b) Has completed 60 college credits from an accredited
  250  postsecondary institution as a prerequisite to enrollment in an
  251  authorized 3-year course of study in acupuncture and oriental
  252  medicine, and has completed a 3-year course of study in
  253  acupuncture and oriental medicine, and effective July 31, 2001,
  254  a 4-year course of study in acupuncture and oriental medicine,
  255  which meets standards established by the board by rule, which
  256  standards include, but are not limited to, successful completion
  257  of academic courses in western anatomy, western physiology,
  258  western pathology, western biomedical terminology, first aid,
  259  and cardiopulmonary resuscitation (CPR). However, any person who
  260  enrolled in an authorized course of study in acupuncture before
  261  August 1, 1997, must have completed only a 2-year course of
  262  study which meets standards established by the board by rule,
  263  which standards must include, but are not limited to, successful
  264  completion of academic courses in western anatomy, western
  265  physiology, and western pathology.;
  266         (c) Has successfully completed a board-approved national
  267  certification process, is actively licensed in a state that has
  268  examination requirements that are substantially equivalent to or
  269  more stringent than those of this state, or passes an
  270  examination administered by the department, which examination
  271  tests the applicant’s competency and knowledge of the practice
  272  of acupuncture and oriental medicine. At the request of any
  273  applicant, oriental nomenclature for the points must shall be
  274  used in the examination. The examination must shall include a
  275  practical examination of the knowledge and skills required to
  276  practice modern and traditional acupuncture and oriental
  277  medicine, covering diagnostic and treatment techniques and
  278  procedures.; and
  279         (d) Pays the required fees set by the board by rule not to
  280  exceed the following amounts:
  281         1. Examination fee: $500 plus the actual per applicant cost
  282  to the department for purchase of the written and practical
  283  portions of the examination from a national organization
  284  approved by the board.
  285         2. Application fee: $300.
  286         3. Reexamination fee: $500 plus the actual per applicant
  287  cost to the department for purchase of the written and practical
  288  portions of the examination from a national organization
  289  approved by the board.
  290         4. Initial biennial licensure fee: $400, if licensed in the
  291  first half of the biennium, and $200, if licensed in the second
  292  half of the biennium.
  293         (e)Submits to background screening in accordance with s.
  294  456.0135.
  295         Section 9. Subsection (1) of section 463.006, Florida
  296  Statutes, is amended to read:
  297         463.006 Licensure and certification by examination.—
  298         (1) Any person desiring to be a licensed practitioner under
  299  pursuant to this chapter must apply to the department, submit to
  300  background screening in accordance with s. 456.0135, and must
  301  submit proof to the department that she or he meets all of the
  302  following criteria:
  303         (a) Has completed the application forms as required by the
  304  board, remitted an application fee for certification not to
  305  exceed $250, remitted an examination fee for certification not
  306  to exceed $250, and remitted an examination fee for licensure
  307  not to exceed $325, all as set by the board.
  308         (b) Is at least 18 years of age.
  309         (c) Has graduated from an accredited school or college of
  310  optometry approved by rule of the board.
  311         (d) Is of good moral character.
  312         (e) Has successfully completed at least 110 hours of
  313  transcript-quality coursework and clinical training in general
  314  and ocular pharmacology as determined by the board, at an
  315  institution that:
  316         1. Has facilities for both didactic and clinical
  317  instructions in pharmacology; and
  318         2. Is accredited by a regional or professional accrediting
  319  organization that is recognized and approved by the Commission
  320  on Recognition of Postsecondary Accreditation or the United
  321  States Department of Education.
  322         (f) Has completed at least 1 year of supervised experience
  323  in differential diagnosis of eye disease or disorders as part of
  324  the optometric training or in a clinical setting as part of the
  325  optometric experience.
  326         Section 10. Subsection (1) of section 465.007, Florida
  327  Statutes, is amended to read:
  328         465.007 Licensure by examination.—
  329         (1) Any person desiring to be licensed as a pharmacist
  330  shall apply to the department to take the licensure examination.
  331  The department shall examine each applicant who the board
  332  certifies has met all of the following criteria:
  333         (a) Completed the application form and remitted an
  334  examination fee set by the board not to exceed $100 plus the
  335  actual per applicant cost to the department for purchase of
  336  portions of the examination from the National Association of
  337  Boards of Pharmacy or a similar national organization. The fees
  338  authorized under this section shall be established in sufficient
  339  amounts to cover administrative costs.
  340         (b)Submitted to background screening in accordance with s.
  341  456.0135.
  342         (c)(b) Submitted satisfactory proof that she or he is not
  343  less than 18 years of age and:
  344         1. Is a recipient of a degree from a school or college of
  345  pharmacy accredited by an accrediting agency recognized and
  346  approved by the United States Office of Education; or
  347         2. Is a graduate of a 4-year undergraduate pharmacy program
  348  of a school or college of pharmacy located outside the United
  349  States, has demonstrated proficiency in English by passing both
  350  the Test of English as a Foreign Language (TOEFL) and the Test
  351  of Spoken English (TSE), has passed the Foreign Pharmacy
  352  Graduate Equivalency Examination that is approved by rule of the
  353  board, and has completed a minimum of 500 hours in a supervised
  354  work activity program within this state under the supervision of
  355  a pharmacist licensed by the department, which program is
  356  approved by the board.
  357         (d)(c) Submitted satisfactory proof that she or he has
  358  completed an internship program approved by the board. No such
  359  board-approved program shall exceed 2,080 hours, all of which
  360  may be obtained prior to graduation.
  361         Section 11. Subsection (1) of section 465.0075, Florida
  362  Statutes, is amended to read:
  363         465.0075 Licensure by endorsement; requirements; fee.—
  364         (1) The department shall issue a license by endorsement to
  365  any applicant who applies to the department and remits a
  366  nonrefundable fee of not more than $100, as set by the board,
  367  and who whom the board certifies has met all of the following
  368  criteria:
  369         (a) Has Met the qualifications for licensure in s.
  370  465.007(1)(b), and (c), and (d).;
  371         (b) Has Obtained a passing score, as established by rule of
  372  the board, on the licensure examination of the National
  373  Association of Boards of Pharmacy or a similar nationally
  374  recognized examination, if the board certifies that the
  375  applicant has taken the required examination.;
  376         (c)1. Has Submitted evidence of the active licensed
  377  practice of pharmacy, including practice in community or public
  378  health by persons employed by a governmental entity, in another
  379  jurisdiction for at least 2 of the immediately preceding 5 years
  380  or evidence of successful completion of board-approved
  381  postgraduate training or a board-approved clinical competency
  382  examination within the year immediately preceding application
  383  for licensure; or
  384         2. Has Completed an internship meeting the requirements of
  385  s. 465.007(1)(d) s. 465.007(1)(c) within the 2 years immediately
  386  preceding application.; and
  387         (d) Has Obtained a passing score on the pharmacy
  388  jurisprudence portions of the licensure examination, as required
  389  by board rule.
  390  
  391  ================= T I T L E  A M E N D M E N T ================
  392  And the title is amended as follows:
  393         Delete lines 18 - 39
  394  and insert:
  395         a specified time; amending s. 435.04, F.S.; specifying
  396         additional disqualifying offenses under the background
  397         screening requirements for certain persons; amending
  398         s. 435.07, F.S.; revising requirements for exemptions
  399         from disqualification from employment; amending s.
  400         943.0438, F.S.; revising the effective date of a
  401         requirement that independent sanctioning authorities
  402         conduct level 2 background screenings of current and
  403         prospective athletic coaches; amending s. 456.0135,
  404         F.S.; expanding certain background screening
  405         requirements to apply to additional health care
  406         practitioners; requiring specified health care
  407         practitioners licensed before a specified date to
  408         comply with certain background screening requirements
  409         upon licensure renewal that takes place after a
  410         specified date; prohibiting the Department of Health
  411         from renewing specified health care practitioner
  412         licenses under certain circumstances beginning on a
  413         specified date; amending ss. 457.105, 463.006,
  414         465.007, 465.0075, 466.006, 466.0067, 466.007,
  415         467.011, 468.1185, 468.1215, 468.1695, 468.209,
  416         468.213, 468.355, 468.358, 468.509, 468.513, 468.803,
  417         478.45, 483.815, 483.901, 483.914, 484.007, 484.045,
  418         486.031, 486.102, 490.005, 490.0051, 490.006,
  419         491.0045, 491.0046, 491.005, and 491.006, F.S.;
  420         revising licensure, registration, or certification
  421         requirements, as applicable, for acupuncturists;
  422         optometrists; pharmacists; pharmacist licenses by
  423         endorsement; dentists; health access dental licenses;