CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1408, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Brown-Waite moved the following amendment to House

12  Amendment 1:

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14         Senate Amendment (with title amendment) 

15         On page 2, lines 13-18, delete those lines

16

17  and insert:

18         Section 5.  Except as provided in ss. 400.215(2)(c) and

19  435.10, Florida Statutes, Federal Bureau of Investigation

20  criminal records, juvenile records, or abuse registry

21  information that is obtained by the Agency for Health Care

22  Administration in connection with background screening

23  requirements that apply to an employee or a prospective

24  employee of a nursing facility is confidential and exempt from

25  the provisions of s. 119.07(1), Florida Statutes, and s.

26  24(a), Art. I of the State Constitution. This section is

27  subject to the Open Government Sunset Review Act of 1995 in

28  accordance with s. 119.15, Florida Statutes, and shall stand

29  repealed on October 2, 2003, unless reviewed and saved from

30  repeal through enactment by the Legislature.

31         Section 6.  The Legislature finds that exempting

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1408, 1st Eng.

    Amendment No.    





 1  Federal Bureau of Investigation criminal records, juvenile

 2  records, and abuse registry background screening information

 3  related to employees and prospective employees of nursing

 4  facilities from public disclosure is a public necessity, in

 5  that the health and safety of the public necessitates having

 6  available applicants for positions as nursing facility

 7  personnel.  Allowing such information concerning employees or

 8  applicants to be disseminated would have a chilling effect

 9  upon the willingness to apply for such positions on the part

10  of any person about whom there is information of past

11  misbehavior contained in juvenile records or criminal records

12  or in the central abuse registry, even if the person were

13  fully rehabilitated and would be a suitable employee.

14  Juvenile records and central abuse registry information are

15  otherwise already exempt.

16         Section 7.  Sections 1 and 2 of this act shall take

17  effect on the effective date of CS/CS/SB 1406, or similar

18  legislation, relating to the powers of the Division of

19  Workers' Compensation of the Department of Labor and

20  Employment Security; this section and sections 3 and 4 of this

21  act shall take effect upon becoming a law; and sections 5 and

22  6 of this act shall take effect on the same date that

23  Committee Substitute for House Bills 3089 and 171 or similar

24  legislation creating the Nursing Home Facility Personnel

25  Screening Act takes effect, if such legislation is adopted in

26  the same legislative session or an extension thereof.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 3, line 1, after the semicolon,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1408, 1st Eng.

    Amendment No.    





 1  insert:

 2         providing an exemption from public records

 3         requirements for information obtained by the

 4         Agency for Health Care Administration or a

 5         nursing facility in connection with background

 6         screening of employees and prospective

 7         employees of the facility; providing for future

 8         review and repeal; providing a finding of

 9         public necessity;

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