The Florida Senate

408.809  Background screening; prohibited offenses.--

(1)  Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who shall be considered an employee for the purposes of conducting screening under chapter 435:

(a)  The licensee, if an individual.

(b)  The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.

(c)  The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.

(d)  Any person who is a controlling interest if the agency has reason to believe that such person has been convicted of any offense prohibited by s. 435.04 For each controlling interest who has been convicted of any such offense, the licensee shall submit to the agency a description and explanation of the conviction at the time of license application.

(2)  Proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the agency, the Department of Health, the Agency for Persons with Disabilities, or the Department of Children and Family Services satisfies the requirements of this section, provided that such proof is accompanied, under penalty of perjury, by an affidavit of compliance with the provisions of chapter 435 using forms provided by the agency. Proof of compliance with the background screening requirements of the Department of Financial Services submitted within the previous 5 years for an applicant for a certificate of authority to operate a continuing care retirement community under chapter 651 satisfies the Department of Law Enforcement and Federal Bureau of Investigation portions of a level 2 background check.

(3)  A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check but the agency has not yet received background screening results from the Federal Bureau of Investigation. A standard license may be granted to the licensee upon the agency's receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening that confirms that all standards have been met or upon the granting of an exemption from disqualification by the agency as set forth in chapter 435.

(4)  When a person is newly employed in a capacity that requires screening under this section, the licensee must notify the agency of the change within the time period specified in the authorizing statute or rules and must submit to the agency information necessary to conduct level 2 screening or provide evidence of compliance with background screening requirements of this section. The person may serve in his or her capacity pending the agency's receipt of the report from the Federal Bureau of Investigation if he or she has met the standards for the Department of Law Enforcement background check. However, the person may not continue to serve in his or her capacity if the report indicates any violation of background screening standards unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.

(5)  Background screening is not required to obtain a certificate of exemption issued under s. 483.106

History.--s. 5, ch. 2006-192.