CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 292
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Brown-Waite moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 30 through page 3, line 3, delete those
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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29 repealed on October 2, 2003, unless reviewed and saved from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. SB 292
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, 2, 3, and 4 of this act shall
17 take effect on the same date that Committee Substitute for
18 Committee Substitute for Senate Bill 294 or similar
19 legislation creating the Home Medical Equipment Provider
20 Licensure Act takes effect, if such legislation is adopted in
21 the same legislative session or an extension thereof. Sections
22 5 and 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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30 And the title is amended as follows:
31 On page 1, line 13, after the semicolon
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SENATE AMENDMENT
Bill No. SB 292
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;
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