House Bill 2259

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    Florida House of Representatives - 2000                HB 2259

        By the Committee on Elder Affairs & Long-Term Care and
    Representatives Argenziano, Fiorentino, Waters, Littlefield,
    Rubio, Bitner, Reddick, Russell, Levine, Kosmas and Jacobs




  1                      A bill to be entitled

  2         An act relating to protection of vulnerable

  3         persons; amending s. 400.6065, F.S.; providing

  4         employment screening requirements for hospice

  5         personnel; providing penalties; renumbering and

  6         amending s. 402.48, F.S.; revising the

  7         definition of "health care services pool";

  8         providing background screening requirements for

  9         applicants for registration, managing

10         employees, and financial officers of such

11         entities, and certain others; providing

12         penalties; requiring such entities to obtain a

13         certificate of registration from the Agency for

14         Health Care Administration; providing for

15         injunction; revising application procedures;

16         revising responsibilities regarding temporary

17         employees; increasing a penalty; transferring

18         powers, duties, functions, and appropriations

19         relating to health care services pools from the

20         Department of Health to the Agency for Health

21         Care Administration; amending s. 415.102, F.S.;

22         revising definitions; amending s. 415.103,

23         F.S.; providing for a central abuse hotline to

24         receive reports of abuse, neglect, or

25         exploitation of vulnerable adults; amending s.

26         415.1034, F.S.; conforming provisions relating

27         to mandatory reporting; amending s. 415.1035,

28         F.S.; providing duty of the Department of

29         Children and Family Services to ensure that

30         facilities inform residents of their right to

31         report abuse, neglect, or exploitation;

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  1         amending s. 415.1036, F.S.; conforming

  2         provisions relating to immunity of persons

  3         making reports; amending ss. 415.104 and

  4         415.1045, F.S.; revising provisions relating to

  5         protective investigations; extending the time

  6         limit for completion of the department's

  7         investigation; providing for access to records

  8         and documents; providing for working agreements

  9         with law enforcement entities; amending s.

10         415.105, F.S.; authorizing the department to

11         petition the court to enjoin interference with

12         the provision of protective services; amending

13         s. 415.1051, F.S.; providing for enforcement of

14         court-ordered protective services when any

15         person interferes; amending s. 415.1052, F.S.,

16         relating to interference with investigations or

17         provision of services; amending s. 415.1055,

18         F.S.; deleting provisions relating to

19         notification to subjects, reporters, law

20         enforcement, and state attorneys of a report

21         alleging abuse, neglect, or exploitation;

22         amending s. 415.106, F.S., relating to

23         cooperation by criminal justice and other

24         agencies; amending s. 415.107, F.S.; providing

25         certain access to confidential records and

26         reports; providing that information in the

27         central abuse hotline may not be used for

28         employment screening; amending s. 415.1102,

29         F.S.; revising provisions relating to adult

30         protection teams; amending s. 415.111, F.S.,

31         relating to criminal penalties; amending s.

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  1         415.1111, F.S.; revising provisions relating to

  2         civil penalties; amending s. 415.1113, F.S.,

  3         relating to administrative fines for false

  4         reporting; amending s. 415.113, F.S., relating

  5         to treatment by spiritual means; amending s.

  6         435.03, F.S.; revising provisions relating to

  7         level 1 and level 2 screening standards;

  8         amending s. 435.05, F.S.; revising provisions

  9         relating to screening requirements for covered

10         employees; amending s. 435.07, F.S., relating

11         to exemptions; amending s. 435.08, F.S.,

12         relating to payment for processing records

13         checks; amending s. 435.09, F.S., relating to

14         confidentiality of background check

15         information; creating ss. 435.401, 435.402,

16         435.403, and 435.405, F.S.; providing special

17         work history checks for caregivers of

18         vulnerable adults; providing definitions;

19         requiring certain organizations that hire,

20         contract with, or register for referral such

21         caregivers to obtain service letters regarding

22         applicants from all previous such organizations

23         with whom the applicant worked within a

24         specified period; providing duties of such

25         applicants and organizations; providing

26         penalties; providing for conditional

27         employment, contract, or registration for

28         referral for a specified period; providing for

29         good faith efforts to perform required duties;

30         providing for certain burden of proof;

31         providing penalties for persons or

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  1         organizations that knowingly provide certain

  2         false or incomplete information; providing

  3         certain immunity from civil liability;

  4         protecting certain information from discovery

  5         in legal or administrative proceedings;

  6         providing for enforcement by the Agency for

  7         Health Care Administration; providing for

  8         disposition of fines; requiring rules; amending

  9         ss. 20.43, 455.712, and 468.520, F.S.; deleting

10         references to health care services pools in

11         provisions relating to the Department of

12         Health; correcting a cross reference; amending

13         ss. 39.202, 90.803, 110.1127, 112.0455, 119.07,

14         232.50, 242.335, 320.0848, 381.0059, 381.60225,

15         383.305, 390.015, 393.067, 393.0674, 394.459,

16         394.875, 355.0055, 395.0199, 395.3025, 397.461,

17         400.022, 400.071, 400.215, 400.414, 400.4174,

18         400.426, 400.428, 400.462, 400.471, 400.495,

19         400.506, 400.509, 400.512, 400.5572, 400.628,

20         400.801, 400.805, 400.906, 400.931, 400.95,

21         400.953, 400.955, 400.962, 400.964, 402.3025,

22         402.3125, 402.313, 409.175, 409.912, 430.205,

23         447.208, 447.401, 464.018, 468.826, 468.828,

24         483.101, 483.30, 509.032, 744.309, 744.474,

25         744.7081, 775.21, 916.107, 943.0585, and

26         985.05, F.S.; conforming to the act provisions

27         relating to protection of vulnerable adults and

28         the central abuse hotline; repealing s.

29         415.1065, F.S., relating to management of

30         records of the central abuse registry and

31         tracking system; repealing s. 415.1075, F.S.,

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  1         relating to amendment of such records, and

  2         expunctions, appeals, and exemptions with

  3         respect thereto; repealing s. 415.1085, F.S.,

  4         relating to photographs and medical

  5         examinations pursuant to investigations of

  6         abuse or neglect of an elderly person or

  7         disabled adult; repealing s. 415.109, F.S.,

  8         relating to abrogation of privileged

  9         communication in cases involving suspected

10         adult abuse, neglect, or exploitation;

11         providing an appropriation; providing effective

12         dates.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsection (3) of section 400.6065, Florida

17  Statutes, is amended, and subsections (4) through (8) are

18  added to said section, to read:

19         400.6065  Background screening.--

20         (3)  The agency may grant a provisional license to a

21  hospice applying for an initial license when each individual

22  required by this section to undergo screening has completed

23  the abuse registry and Department of Law Enforcement

24  background check checks, but has not yet received results from

25  the Federal Bureau of Investigation.

26         (4)  The agency shall require employment or contractor

27  screening as provided in chapter 435, using the level 1

28  standards for screening set forth in that chapter, for hospice

29  personnel.

30

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  1         (5)  The agency may grant exemptions from

  2  disqualification from employment under this section as

  3  provided in s. 435.07.

  4         (6)  The administration of each hospice must sign an

  5  affidavit annually, under penalty of perjury, stating that all

  6  personnel employed or contracted with on or after October 1,

  7  1998, who provide hospice services in a facility, or who enter

  8  the home of a patient in their service capacity, have been

  9  screened.

10         (7)  Proof of compliance with the screening

11  requirements of chapter 435 shall be accepted in lieu of the

12  requirements of this section if the person has been

13  continuously employed or registered without a breach in

14  service that exceeds 180 days, the proof of compliance is not

15  more than 2 years old, and the person has been screened, at

16  the discretion of the hospice.

17         (8)(a)  It is a misdemeanor of the first degree,

18  punishable under s. 775.082 or s. 775.083, for any person

19  willfully, knowingly, or intentionally to:

20         1.  Fail, by false statement, misrepresentation,

21  impersonation, or other fraudulent means, to disclose in any

22  application for voluntary or paid employment a material fact

23  used in making a determination as to such person's

24  qualifications to be employed or contracted with under this

25  section;

26         2.  Operate or attempt to operate an entity licensed

27  under this part with persons who do not meet the minimum

28  standards for good moral character as contained in this

29  section; or

30         3.  Use information from the criminal records obtained

31  under this section for any purpose other than screening as

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  1  specified in this section, or release such information to any

  2  other person for any purpose other than screening under this

  3  section.

  4         (b)  It is a felony of the third degree, punishable

  5  under s. 775.082, s. 775.083, or s. 775.084, for any person

  6  willfully, knowingly, or intentionally to use information from

  7  the juvenile records of a person obtained under this section

  8  for any purpose other than screening for employment under this

  9  section.

10         Section 2.  Part XII of chapter 400, Florida Statutes,

11  consisting of s. 400.980, Florida Statutes, is created,

12  entitled "Health Care Services Pools."

13         Section 3.  Section 402.48, Florida Statutes, is

14  renumbered as section 400.980, Florida Statutes, and amended

15  to read:

16         400.980402.48  Health care services pools.--

17         (1)  As used in this section, the term:

18         (a)  "Agency" means the Agency for Health Care

19  Administration. "Department" means the Department of Health.

20         (b)  "Health care services pool" means any person,

21  firm, corporation, partnership, or association engaged for

22  hire in the business of providing temporary employment in

23  health care facilities, residential facilities, and agencies

24  for licensed, certified, or trained health care personnel

25  including, without limitation, nursing assistants, nurses'

26  aides, and orderlies. However, the term does not include

27  nursing registries, a facility licensed under chapter 400, a

28  health care services pool established within a health care

29  facility to provide services only within the confines of such

30  facility, or any individual contractor directly providing

31

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  1  temporary services to a health care facility without use or

  2  benefit of a contracting agent.

  3         (2)  Each person who operates a health care services

  4  pool must register each separate business location with the

  5  agency department.  The agency department shall adopt rules

  6  and provide forms required for such registration and shall

  7  impose a registration fee in an amount sufficient to cover the

  8  cost of administering this section.  In addition, the

  9  registrant must provide the agency department with any change

10  of information contained on the original registration

11  application within 14 days prior to after the change. The

12  agency department may inspect the offices of any health care

13  services pool at any reasonable time for the purpose of

14  determining compliance with this section or the rules adopted

15  under this section.

16         (3)  Each application for registration must include:

17         (a)  The name and address of any person who has an

18  ownership interest in the business, and, in the case of a

19  corporate owner, copies of the articles of incorporation,

20  bylaws, and names and addresses of all officers and directors

21  of the corporation.

22         (b)  Any other information required by the agency

23  department.

24         (4)  Each applicant for registration must comply with

25  the following requirements:

26         (a)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening, in

28  accordance with the level 1 standards for screening set forth

29  in chapter 435, of every individual who will have contact with

30  patients. The agency shall require background screening of the

31  managing employee or other similarly titled individual who is

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  1  responsible for the operation of the entity, and of the

  2  financial officer or other similarly titled individual who is

  3  responsible for the financial operation of the entity,

  4  including billings for services in accordance with the level 2

  5  standards for background screening as set forth in chapter

  6  435.

  7         (b)  The agency may require background screening of any

  8  other individual who is affiliated with the applicant if the

  9  agency has a reasonable basis for believing that he or she has

10  been convicted of a crime or has committed any other offense

11  prohibited under the level 2 standards for screening set forth

12  in chapter 435.

13         (c)  Proof of compliance with the level 2 background

14  screening requirements of chapter 435 which has been submitted

15  within the previous 5 years in compliance with any other

16  health care or assisted living licensure requirements of this

17  state is acceptable in fulfillment of paragraph (a).

18         (d)  A provisional registration may be granted to an

19  applicant when each individual required by this section to

20  undergo background screening has met the standards for the

21  Department of Law Enforcement background check but the agency

22  has not yet received background screening results from the

23  Federal Bureau of Investigation. A standard registration may

24  be granted to the applicant upon the agency's receipt of a

25  report of the results of the Federal Bureau of Investigation

26  background screening for each individual required by this

27  section to undergo background screening which confirms that

28  all standards have been met, or upon the granting of a

29  disqualification exemption by the agency as set forth in

30  chapter 435. Any other person who is required to undergo level

31  2 background screening may serve in his or her capacity

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  1  pending the agency's receipt of the report from the Federal

  2  Bureau of Investigation. However, the person may not continue

  3  to serve if the report indicates any violation of background

  4  screening standards and if a disqualification exemption has

  5  not been requested of and granted by the agency as set forth

  6  in chapter 435.

  7         (e)  Each applicant must submit to the agency, with its

  8  application, a description and explanation of any exclusions,

  9  permanent suspensions, or terminations of the applicant from

10  the Medicare or Medicaid programs. Proof of compliance with

11  the requirements for disclosure of ownership and controlling

12  interests under the Medicaid or Medicare programs may be

13  accepted in lieu of this submission.

14         (f)  Each applicant must submit to the agency a

15  description and explanation of any conviction of an offense

16  prohibited under the level 2 standards of chapter 435 which

17  was committed by a member of the board of directors of the

18  applicant, its officers, or any individual owning 5 percent or

19  more of the applicant. This requirement does not apply to a

20  director of a not-for-profit corporation or organization who

21  serves solely in a voluntary capacity for the corporation or

22  organization, does not regularly take part in the day-to-day

23  operational decisions of the corporation or organization,

24  receives no remuneration for his or her services on the

25  corporation's or organization's board of directors, and has no

26  financial interest and no family members having a financial

27  interest in the corporation or organization, if the director

28  and the not-for-profit corporation or organization include in

29  the application a statement affirming that the director's

30  relationship to the corporation satisfies the requirements of

31  this paragraph.

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  1         (g)  A registration may not be granted to an applicant

  2  if the applicant or managing employee has been found guilty

  3  of, regardless of adjudication, or has entered a plea of nolo

  4  contendere or guilty to, any offense prohibited under the

  5  level 2 standards for screening set forth in chapter 435,

  6  unless an exemption from disqualification has been granted by

  7  the agency as set forth in chapter 435.

  8         (h)  The provisions of this section which require an

  9  applicant for registration to undergo background screening

10  shall stand repealed on June 30, 2001, unless reviewed and

11  saved from repeal through reenactment by the Legislature.

12         (i)  Failure to provide all required documentation

13  within 30 days after a written request from the agency will

14  result in denial of the application for registration.

15         (j)  The agency must take final action on an

16  application for registration within 60 days after receipt of

17  all required documentation.

18         (k)  The agency may deny, revoke, or suspend the

19  registration of any applicant or registrant who:

20         1.  Has falsely represented a material fact in the

21  application required by paragraph (e) or paragraph (f), or has

22  omitted any material fact from the application required by

23  paragraph (e) or paragraph (f); or

24         2.  Has had prior action taken against the applicant

25  under the Medicaid or Medicare program as set forth in

26  paragraph (e).

27         3.  Fails to comply with this section or applicable

28  rules.

29         4.  Commits an intentional, reckless, or negligent act

30  that materially affects the health or safety of a person

31  receiving services.

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  1         (5)  It is a misdemeanor of the first degree,

  2  punishable under s. 775.082 or s. 775.083, for any person

  3  willfully, knowingly, or intentionally to:

  4         (a)  Fail, by false statement, misrepresentation,

  5  impersonation, or other fraudulent means, to disclose in any

  6  application for voluntary or paid employment a material fact

  7  used in making a determination as to an applicant's

  8  qualifications to be a contractor under this section;

  9         (b)  Operate or attempt to operate an entity registered

10  under this part with persons who do not meet the minimum

11  standards of chapter 435 as contained in this section; or

12         (c)  Use information from the criminal records obtained

13  under this section for any purpose other than screening an

14  applicant for temporary employment as specified in this

15  section, or release such information to any other person for

16  any purpose other than screening for employment under this

17  section.

18         (6)  It is a felony of the third degree, punishable

19  under s. 775.082, s. 775.083, or s. 775.084, for any person

20  willfully, knowingly, or intentionally to use information from

21  the juvenile records of a person obtained under this section

22  for any purpose other than screening for employment under this

23  section.

24         (7)  It is unlawful for a person to offer or advertise

25  services, as defined by rule, to the public without obtaining

26  a certificate of registration from the Agency for Health Care

27  Administration. It is unlawful for any holder of a certificate

28  of registration to advertise or hold out to the public that he

29  or she holds a certificate of registration for other than that

30  for which he or she actually holds a certificate of

31

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  1  registration. Any person who violates this subsection is

  2  subject to injunctive proceedings under s. 400.515.

  3         (8)(4)  Each registration shall be for a period of 2

  4  years. The application for renewal must be received by the

  5  agency department at least 30 20 days before the expiration

  6  date of the registration.  An application for a new

  7  registration is required within 30 days prior to upon the sale

  8  of a controlling interest in a health care services pool.

  9         (9)(5)  A health care services pool may not require an

10  employee to recruit new employees from persons employed at a

11  health care facility to which the health care services pool

12  employee is assigned.  Nor shall a health care facility to

13  which employees of a health care services pool are assigned

14  recruit new employees from the health care services pool.

15         (10)(6)  A health care services pool shall document

16  that each temporary employee provided to a health care

17  facility is licensed and has met the licensing, certification,

18  training, or and continuing education requirements, as

19  established by the appropriate regulatory agency, for the

20  position in which he or she will be working.

21         (11)(7)  When referring persons for temporary

22  employment in health care facilities, a health care services

23  pool shall comply with all pertinent state and federal laws,

24  rules, and regulations of the appropriate regulatory agency

25  relating to health, background screening, and other

26  qualifications required of persons working in a facility of

27  that type of personnel employed in health care facilities.

28         (12)(8)(a)  As a condition of registration and prior to

29  the issuance or renewal of a certificate of registration, a

30  health care services pool applicant must prove financial

31  responsibility to pay claims, and costs ancillary thereto,

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  1  arising out of the rendering of services or failure to render

  2  services by the pool or by its employees in the course of

  3  their employment with the pool. The agency department shall

  4  promulgate rules establishing minimum financial responsibility

  5  coverage amounts which shall be adequate to pay potential

  6  claims and costs ancillary thereto.

  7         (b)  Each health care services pool shall give written

  8  notification to the agency department within 20 days after any

  9  change in the method of assuring financial responsibility or

10  upon cancellation or nonrenewal of professional liability

11  insurance. Unless the pool demonstrates that it is otherwise

12  in compliance with the requirements of this section, the

13  agency department shall suspend the registration license of

14  the pool pursuant to ss. 120.569 and 120.57.  Any suspension

15  under this section shall remain in effect until the pool

16  demonstrates compliance with the requirements of this section.

17         (c)  Proof of financial responsibility must be

18  demonstrated to the satisfaction of the agency department,

19  through one of the following methods:

20         1.  Establishing and maintaining an escrow account

21  consisting of cash or assets eligible for deposit in

22  accordance with s. 625.52;

23         2.  Obtaining and maintaining an unexpired irrevocable

24  letter of credit established pursuant to chapter 675.  Such

25  letters of credit shall be nontransferable and nonassignable

26  and shall be issued by any bank or savings association

27  organized and existing under the laws of this state or any

28  bank or savings association organized under the laws of the

29  United States that has its principal place of business in this

30  state or has a branch office which is authorized under the

31

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  1  laws of this state or of the United States to receive deposits

  2  in this state; or

  3         3.  Obtaining and maintaining professional liability

  4  coverage from one of the following:

  5         a.  An authorized insurer as defined under s. 624.09;

  6         b.  An eligible surplus lines insurer as defined under

  7  s. 626.918(2);

  8         c.  A risk retention group or purchasing group as

  9  defined under s. 627.942; or

10         d.  A plan of self-insurance as provided in s. 627.357.

11         (d)  If financial responsibility requirements are met

12  by maintaining an escrow account or letter of credit, as

13  provided in this section, upon the entry of an adverse final

14  judgment arising from a medical malpractice arbitration award

15  from a claim of medical malpractice either in contract or

16  tort, or from noncompliance with the terms of a settlement

17  agreement arising from a claim of medical malpractice either

18  in contract or tort, the financial institution holding the

19  escrow account or the letter of credit shall pay directly to

20  the claimant the entire amount of the judgment together with

21  all accrued interest or the amount maintained in the escrow

22  account or letter of credit as required by this section,

23  whichever is less, within 60 days after the date such judgment

24  became final and subject to execution, unless otherwise

25  mutually agreed to in writing by the parties.  If timely

26  payment is not made, the agency department shall suspend the

27  registration license of the pool pursuant to procedures set

28  forth by the department through rule. Nothing in this

29  paragraph shall abrogate a judgment debtor's obligation to

30  satisfy the entire amount of any judgment.

31

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  1         (e)  Each health care services pool carrying

  2  claims-made coverage must demonstrate proof of extended

  3  reporting coverage through either tail or nose coverage, in

  4  the event the policy is canceled, replaced, or not renewed.

  5  Such extended coverage shall provide coverage for incidents

  6  that occurred during the claims-made policy period but were

  7  reported after the policy period.

  8         (f)  The financial responsibility requirements of this

  9  section shall apply to claims for incidents that occur on or

10  after January 1, 1991, or the initial date of registration in

11  this state, whichever is later.

12         (g)  Meeting the financial responsibility requirements

13  of this section must be established at the time of issuance or

14  renewal of a certificate of registration.

15         (13)(9)  The agency department shall adopt rules to

16  implement this section, including rules providing for the

17  establishment of:

18         (a)  Minimum standards for the operation and

19  administration of health care personnel pools, including

20  procedures for recordkeeping and personnel.

21         (b)  Fines for the violation of this section in an

22  amount not to exceed $2,500 $1,000 and suspension or

23  revocation of registration.

24         (c)  Disciplinary sanctions for failure to comply with

25  this section or the rules adopted under this section.

26         Section 4.  All powers, duties and functions, rules,

27  records, personnel, property, and unexpended balances of

28  appropriations, allocations, or other funds of the Department

29  of Health relating to the regulation of health care services

30  pools are transferred by a type two transfer, as defined in s.

31

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  1  20.06(2), Florida Statutes, from the Department of Health to

  2  the Agency for Health Care Administration.

  3         Section 5.  Section 415.102, Florida Statutes, is

  4  amended to read:

  5         415.102  Definitions of terms used in ss.

  6  415.101-415.113.--As used in ss. 415.101-415.113, the term:

  7         (1)  "Abuse" means any willful act or threatened act

  8  that causes or is likely to cause significant impairment to a

  9  vulnerable adult's physical, mental, or emotional health.

10  Abuse includes acts and omissions. "Abuse" means the

11  nonaccidental infliction of physical or psychological injury

12  or sexual abuse upon a disabled adult or an elderly person by

13  a relative, caregiver, or household member, or an action by

14  any of those persons which could reasonably be expected to

15  result in physical or psychological injury, or sexual abuse of

16  a disabled adult or an elderly person by any person.  "Abuse"

17  also means the active encouragement of any person by a

18  relative, caregiver, or household member to commit an act that

19  inflicts or could reasonably be expected to result in physical

20  or psychological injury to a disabled adult or an elderly

21  person.

22         (2)  "Alleged perpetrator" means a person who has been

23  named by a reporter as the person responsible for abusing,

24  neglecting, or exploiting a vulnerable disabled adult or an

25  elderly person. "Alleged perpetrator" also means a person who

26  has been named by an adult protective investigator, in a

27  report that has been classified as proposed confirmed, as the

28  person responsible for abusing, neglecting, or exploiting a

29  disabled adult or an elderly person.

30         (3)  "Capacity to consent" means that a vulnerable

31  disabled adult or elderly person has sufficient understanding

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  1  to make and communicate responsible decisions regarding the

  2  vulnerable disabled adult's or elderly person's person or

  3  property, including whether or not to accept protective

  4  services offered by the department.

  5         (4)  "Caregiver" means a person who has been entrusted

  6  with or has assumed the responsibility for frequent and

  7  regular care of or services to a vulnerable disabled adult or

  8  an elderly person on a temporary or permanent basis and who

  9  has a commitment, agreement, or understanding with that person

10  or that person's guardian that a caregiver role exists.

11  "Caregiver" includes, but is not limited to, relatives,

12  household members, guardians, neighbors, and employees and

13  volunteers of facilities as defined in subsection (8) (13).

14  For the purpose of departmental investigative jurisdiction,

15  the term "caregiver" does not include law enforcement officers

16  or employees of municipal or county detention facilities or

17  the Department of Corrections while acting in an official

18  capacity.

19         (5)  "Closed without classification" means the closure

20  of a report in which an adult protective investigator

21  determines that:

22         (a)  Some evidence exists that abuse, neglect, or

23  exploitation has occurred, but a preponderance of evidence

24  cannot be established; or

25         (b)  A preponderance of the evidence exists that abuse,

26  neglect, or exploitation has occurred, but no perpetrator can

27  be identified.

28         (6)  "Confirmed report" means a proposed confirmed

29  report that has been determined to be valid after a hearing

30  under s. 415.1075(2), a proposed confirmed report for which

31  the alleged perpetrator has failed to request amendment or

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  1  expunction within the time allotted for such a request under

  2  s. 415.1075(1), or a proposed confirmed report for which the

  3  alleged perpetrator has failed to request an administrative

  4  hearing within the time allotted by s. 415.1075(2).

  5         (7)  "Criminal justice agency" means any court, any law

  6  enforcement agency, or any government agency or subunit

  7  thereof as defined under s. 943.045(10).

  8         (5)(8)  "Deception" means a misrepresentation or

  9  concealment of a material fact relating to services rendered,

10  disposition of property, or the use of property intended to

11  benefit a vulnerable disabled adult or an elderly person.

12         (6)(9)  "Department" means the Department of Children

13  and Family Services.

14         (10)  "Disabled adult" means a person 18 years of age

15  or older who suffers from a condition of physical or mental

16  incapacitation due to a developmental disability, organic

17  brain damage, or mental illness, or who has one or more

18  physical or mental limitations that substantially restrict the

19  ability to perform the normal activities of daily living.

20         (11)  "Disabled adult in need of services" means a

21  disabled adult who has been determined by an adult protective

22  services investigator to be suffering from the ill effects of

23  neglect not caused by a second party perpetrator and is in

24  need of protective services or other services to prevent

25  further harm.

26         (12)  "Elderly person" means a person 60 years of age

27  or older who is suffering from the infirmities of aging as

28  manifested by advanced age or organic brain damage, or other

29  physical, mental, or emotional dysfunctioning to the extent

30  that the ability of the person to provide adequately for the

31  person's own care or protection is impaired.

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  1         (13)  "Elderly person in need of services" means an

  2  elderly person who has been determined by an adult protective

  3  services investigator to be suffering from the ill effects of

  4  neglect not caused by a second party perpetrator and is in

  5  need of protective services or other services to prevent

  6  further harm.

  7         (7)(14)(a)  "Exploitation" means a person who:

  8         1.  Stands in a position of trust and confidence with a

  9  vulnerable disabled adult or an elderly person and knowingly,

10  by deception or intimidation, obtains or uses, or endeavors to

11  obtain or use, a vulnerable disabled adult's or an elderly

12  person's funds, assets, or property with the intent to

13  temporarily or permanently deprive a vulnerable disabled adult

14  or an elderly person of the use, benefit, or possession of the

15  funds, assets, or property for the benefit of someone other

16  than the vulnerable disabled adult or elderly person; or

17         2.  Knows or should know that the vulnerable disabled

18  adult or elderly person lacks the capacity to consent, and

19  obtains or uses, or endeavors to obtain or use, the vulnerable

20  disabled adult's or elderly person's funds, assets, or

21  property with the intent to temporarily or permanently deprive

22  the vulnerable disabled adult or elderly person of the use,

23  benefit, or possession of the funds, assets, or property for

24  the benefit of someone other than the vulnerable disabled

25  adult or elderly person.

26         (b)  "Exploitation" may include, but is not limited to:

27         1.  Breaches of fiduciary relationships, such as the

28  misuse of a power of attorney or the abuse of guardianship

29  duties, resulting in the unauthorized appropriation, sale, or

30  transfer of property;

31         2.  Unauthorized taking of personal assets;

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  1         3.  Misappropriation, misuse, or transfer of moneys

  2  belonging to a vulnerable disabled adult or elderly person

  3  from a personal or joint account; or

  4         4.  Intentional or negligent failure to effectively use

  5  a vulnerable disabled adult's or elderly person's income and

  6  assets for the necessities required for that person's support

  7  and maintenance.

  8         (8)(15)  "Facility" means any location providing day or

  9  residential care or treatment for vulnerable disabled adults

10  or elderly persons.  The term "facility" may include, but is

11  not limited to, any hospital, training center, state

12  institution, nursing home, assisted living facility, adult

13  family-care home, adult day care center, group home, or mental

14  health treatment center.

15         (9)(16)  "False report" means a report of abuse,

16  neglect, or exploitation of a vulnerable disabled adult or an

17  elderly person to the central abuse hotline registry and

18  tracking system which is not true unfounded and is maliciously

19  made for the purpose of:

20         (a)  Harassing, embarrassing, or harming another

21  person;

22         (b)  Personal financial gain for the reporting person;

23         (c)  Acquiring custody of a vulnerable disabled adult

24  or an elderly person; or

25         (d)  Personal benefit for the reporting person in any

26  other private dispute involving a vulnerable disabled adult or

27  an elderly person.

28

29  The term "false report" does not include a report of abuse,

30  neglect, or exploitation of a vulnerable disabled adult or an

31  elderly person which is made in good faith to the central

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  1  abuse hotline registry and tracking system and which is

  2  classified as unfounded at the conclusion of the

  3  investigation.

  4         (10)(17)  "Fiduciary relationship" means a relationship

  5  based upon the trust and confidence of the vulnerable disabled

  6  adult or elderly person in the caregiver, relative, household

  7  member, or other person entrusted with the use or management

  8  of the property or assets of the vulnerable disabled adult or

  9  elderly person.  The relationship exists where there is a

10  special confidence reposed in one who in equity and good

11  conscience is bound to act in good faith and with due regard

12  to the interests of the vulnerable disabled adult or elderly

13  person.  For the purposes of this part, a fiduciary

14  relationship may be formed by an informal agreement between

15  the vulnerable disabled adult or elderly person and the other

16  person and does not require a formal declaration or court

17  order for its existence.  A fiduciary relationship includes,

18  but is not limited to, court-appointed or voluntary guardians,

19  trustees, attorneys, or conservators of a vulnerable disabled

20  adult's or an elderly person's assets or property.

21         (11)(18)  "Guardian" means a person who has been

22  appointed by a court to act on behalf of a person; a preneed

23  guardian, as provided in chapter 744; or a health care

24  surrogate expressly designated by a principal to make health

25  care decisions on behalf of the principal upon the principal's

26  incapacity, as provided in chapter 765.

27         (12)(19)  "In-home services" means the provision of

28  nursing, personal care, supervision, or other services to

29  vulnerable disabled adults or elderly persons in their own

30  homes.

31

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  1         (13)(20)  "Intimidation" means the communication by

  2  word or act to a vulnerable disabled adult or an elderly

  3  person that that person will be deprived of food, nutrition,

  4  clothing, shelter, supervision, medicine, medical services,

  5  money, or financial support or will suffer physical violence.

  6         (14)(21)  "Lacks capacity to consent" means a mental

  7  impairment that causes a vulnerable disabled adult or an

  8  elderly person to lack sufficient understanding or capacity to

  9  make or communicate responsible decisions concerning the

10  disabled adult's or elderly person's person or property,

11  including whether or not to accept protective services offered

12  by the department.

13         (15)(22)  "Neglect" means the failure or omission on

14  the part of the caregiver or disabled adult or elderly person

15  to provide the care, supervision, and services necessary to

16  maintain the physical and mental health of the vulnerable

17  disabled adult or elderly person, including, but not limited

18  to, food, clothing, medicine, shelter, supervision, and

19  medical services, that a prudent person would consider

20  essential for the well-being of a vulnerable disabled adult or

21  an elderly person.  The term "neglect" also means the failure

22  of a caregiver to make a reasonable effort to protect a

23  vulnerable disabled adult or an elderly person from abuse,

24  neglect, or exploitation by others. "Neglect" is repeated

25  conduct or a single incident of carelessness which produces or

26  could reasonably be expected to result in serious physical or

27  psychological injury or a substantial risk of death.

28         (23)  "No jurisdiction" means the disposition of a

29  report that the department does not investigate because the

30  report does not meet the criteria specified in ss.

31  415.101-415.113.

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  1         (16)(24)  "Obtains or uses" means any manner of:

  2         (a)  Taking or exercising control over property; or

  3         (b)  Making any use, disposition, or transfer of

  4  property;.

  5         (c)  Obtaining property by fraud, willful

  6  misrepresentation of a future act, or false promise; or

  7         (d)1.  Conduct otherwise known as stealing; larceny;

  8  purloining; abstracting; embezzlement; misapplication;

  9  misappropriation; conversion; or obtaining money or property

10  by false pretenses, fraud, or deception; or

11         2.  Other conduct similar in nature.

12         (25)  "Perpetrator" means the person who has been named

13  as causing abuse, neglect, or exploitation of a disabled adult

14  or an elderly person in a report that has been classified as

15  confirmed.

16         (17)(26)  "Position of trust and confidence" with

17  respect to a vulnerable disabled adult or an elderly person

18  means the position of a person who:

19         (a)  Is a parent, spouse, adult child, or other

20  relative by blood or marriage of the disabled adult or elderly

21  person;

22         (b)  Is a joint tenant or tenant in common with the

23  disabled adult or elderly person;

24         (c)  Has a legal or fiduciary relationship with the

25  disabled adult or elderly person, including, but not limited

26  to, a court-appointed or voluntary guardian, trustee,

27  attorney, or conservator; or

28         (d)  Is a caregiver of the disabled adult or elderly

29  person or any other person who has been entrusted with or has

30  assumed responsibility for the use or management of the

31

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  1  vulnerable elderly person's or disabled adult's funds, assets,

  2  or property.

  3         (18)  "Protective investigation" means acceptance of a

  4  report from the central abuse hotline alleging abuse, neglect,

  5  or exploitation as defined in this section; investigation of

  6  the report; determination as to whether action by the court is

  7  warranted; and referral of the vulnerable adult to another

  8  public or private agency when appropriate.

  9         (27)  "Property" means anything of value, and includes:

10         (a)  Real property, including things growing on,

11  affixed to, and found in land.

12         (b)  Tangible personal property, including, but not

13  limited to, furniture, jewelry, or clothing and intangible

14  personal property, including rights, privileges, interests,

15  and claims.

16         (28)  "Proposed confirmed report" means a report of

17  abuse, neglect, or exploitation which is made pursuant to s.

18  415.1034 when an adult protective investigation alleges that

19  there is a preponderance of evidence that abuse, neglect, or

20  exploitation occurred and which identifies the alleged

21  perpetrator.

22         (19)(29)  "Protective investigator" means an authorized

23  agent of the department who receives and investigates reports

24  of abuse, neglect, or exploitation of vulnerable adults.

25  "Protective investigator" means an employee of the department

26  responsible for:

27         (a)  The onsite investigation, classification, and

28  disposition of all reports alleging abuse, neglect, or

29  exploitation of a disabled adult or an elderly person;

30         (b)  The determination of immediate risk to a disabled

31  adult or an elderly person, which determination must include

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  1  the provision of emergency services and the arrangement for

  2  immediate in-home and nonemergency services to prevent the

  3  recurrence of further abuse, neglect, or exploitation; and

  4         (c)  The evaluation of the need for and referrals to

  5  ongoing protective services for a disabled adult or an elderly

  6  person.

  7         (20)(30)  "Protective services" means the provision or

  8  arrangement of services to protect a vulnerable disabled adult

  9  or an elderly person from further occurrences of abuse,

10  neglect, or exploitation.  Such services may include, but are

11  not limited to, protective supervision, placement, and in-home

12  and community-based services.

13         (21)(31)  "Protective supervision" means those services

14  arranged for or implemented by the department to protect

15  vulnerable disabled adults or elderly persons from further

16  occurrences of abuse, neglect, or exploitation during an

17  investigation or following a report that has been classified

18  as proposed confirmed or confirmed, or has been closed without

19  classification.

20         (22)(32)  "Psychological injury" means an injury to the

21  intellectual functioning or emotional state of a vulnerable

22  disabled adult or an elderly person as evidenced by an

23  observable or measurable reduction in the vulnerable disabled

24  adult's or elderly person's ability to function within that

25  person's customary range of performance and that person's

26  behavior.

27         (23)(33)  "Records" means all documents, papers,

28  letters, maps, books, tapes, photographs, films, sound

29  recordings, videotapes, or other material, regardless of

30  physical form or characteristics, made or received pursuant to

31  a an adult protective investigation.

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  1         (24)(34)  "Sexual abuse" means acts of a sexual nature

  2  committed for the sexual gratification of the abuser and in

  3  the presence of a vulnerable disabled adult or an elderly

  4  person without that person's informed consent. "Sexual abuse"

  5  includes, but is not limited to, the acts defined in s.

  6  794.011(1)(h), fondling, exposure of a vulnerable disabled

  7  adult's or elderly person's sexual organs, or the use of a

  8  vulnerable disabled adult or an elderly person to solicit for

  9  or engage in prostitution or sexual performance.  "Sexual

10  abuse" does not include any act intended for a valid medical

11  purpose or any act that may reasonably be construed to be

12  normal caregiving action or appropriate display of affection.

13         (35)  "Specified medical personnel" means licensed or

14  certified physicians, osteopathic physicians, nurses,

15  paramedics, advanced registered nurse practitioners,

16  psychologists, psychiatrists, mental health professionals, or

17  any other licensed or certified medical personnel.

18         (36)  "Unfounded report" means a report made pursuant

19  to s. 415.1034 in which the department determines that no

20  evidence of abuse, neglect, or exploitation exists.

21         (25)(37)  "Victim" means any vulnerable disabled adult

22  or elderly person named in a report of abuse, neglect, or

23  exploitation.

24         (26)  "Vulnerable adult" means a person 18 years of age

25  or older whose ability to perform the normal activities of

26  daily living or to provide for his or her own care or

27  protection is impaired due to a mental, emotional, physical,

28  or developmental disability or dysfunctioning, or brain

29  damage, or the infirmities of aging.

30         (27)  "Vulnerable adult in need of services" means a

31  vulnerable adult who has been determined by a protective

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  1  investigator to be suffering from the ill effects of neglect

  2  not caused by a second party perpetrator and is in need of

  3  protective services or other services to prevent further harm.

  4         Section 6.  Section 415.103, Florida Statutes, is

  5  amended to read:

  6         415.103  Central abuse hotline registry and tracking

  7  system.--

  8         (1)  The department shall establish and maintain a

  9  central abuse hotline registry and tracking system that

10  receives all reports made pursuant to s. 415.1034 in writing

11  or through a single statewide toll-free telephone number. Any

12  person may use the statewide toll-free telephone number to

13  report known or suspected abuse, neglect, or exploitation of a

14  vulnerable disabled adult or an elderly person at any hour of

15  the day or night, any day of the week.  The central abuse

16  hotline registry and tracking system must be operated in such

17  a manner as to enable the department to:

18         (a)  Accept reports for investigation when there is a

19  reasonable cause to suspect that a vulnerable disabled adult

20  or an elderly person has been or is being abused, neglected,

21  or exploited.

22         (b)  Determine whether the allegations made by the

23  reporter require an immediate, 24-hour, or next-working-day

24  response priority.

25         (c)  When appropriate, refer calls that do not allege

26  the abuse, neglect, or exploitation of a vulnerable disabled

27  adult or an elderly person to other organizations that might

28  better resolve the reporter's concerns.

29         (d)  Immediately identify and locate prior reports of

30  abuse, neglect, or exploitation through the central abuse

31  hotline registry and tracking system.

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  1         (e)  Track critical steps in the investigative process

  2  to ensure compliance with all requirements for all reports.

  3         (f)  Maintain data to facilitate the production of

  4  aggregate statistical reports for monitoring patterns of

  5  abuse, neglect, or exploitation of disabled adults or elderly

  6  persons.

  7         (g)  Serve as a resource for the evaluation,

  8  management, and planning of preventive and remedial services

  9  for vulnerable disabled adults or elderly persons who have

10  been subject to abuse, neglect, or exploitation.

11         (2)  Upon receiving an oral or written report of known

12  or suspected abuse, neglect, or exploitation of a vulnerable

13  disabled adult or an elderly person, the central abuse hotline

14  registry and tracking system must determine if the report

15  requires an immediate onsite protective investigation. For

16  reports requiring an immediate onsite protective

17  investigation, the central abuse hotline registry and tracking

18  system must immediately notify the department's designated

19  adult protective investigative district staff responsible for

20  protective investigations to ensure prompt initiation of an

21  onsite investigation.  For reports not requiring an immediate

22  onsite protective investigation, the central abuse hotline

23  registry and tracking system must notify the department's

24  designated adult protective investigative district staff

25  responsible for protective investigations in sufficient time

26  to allow for an investigation to be commenced within 24 hours.

27  At the time of notification of district staff with respect to

28  the report, the central abuse hotline registry and tracking

29  system must also provide any known information on any previous

30  report concerning a subject of the present report or any

31

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  1  pertinent information relative to the present report or any

  2  noted earlier reports.

  3         (3)  The department shall set standards, priorities,

  4  and policies to maximize the efficiency and effectiveness of

  5  the central abuse hotline registry and tracking system.

  6         Section 7.  Section 415.1034, Florida Statutes, is

  7  amended to read:

  8         415.1034  Mandatory reporting of abuse, neglect, or

  9  exploitation of vulnerable disabled adults or elderly persons;

10  mandatory reports of death.--

11         (1)  MANDATORY REPORTING.--

12         (a)  Any person, including, but not limited to, any:

13         1.  Physician, osteopathic physician, medical examiner,

14  chiropractic physician, nurse, or hospital personnel engaged

15  in the admission, examination, care, or treatment of

16  vulnerable disabled adults or elderly persons;

17         2.  Health professional or mental health professional

18  other than one listed in subparagraph 1.;

19         3.  Practitioner who relies solely on spiritual means

20  for healing;

21         4.  Nursing home staff; assisted living facility staff;

22  adult day care center staff; adult family-care home staff;

23  social worker; or other professional adult care, residential,

24  or institutional staff;

25         5.  State, county, or municipal criminal justice

26  employee or law enforcement officer;

27         6.  Human rights advocacy committee or long-term care

28  ombudsman council member; or

29         7.  Bank, savings and loan, or credit union officer,

30  trustee, or employee,

31

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  1  who knows, or has reasonable cause to suspect, that a

  2  vulnerable disabled adult or an elderly person has been or is

  3  being abused, neglected, or exploited shall immediately report

  4  such knowledge or suspicion to the central abuse hotline

  5  registry and tracking system on the single statewide toll-free

  6  telephone number.

  7         (b)  To the extent possible, a report made pursuant to

  8  paragraph (a) must contain, but need not be limited to, the

  9  following information:

10         1.  Name, age, race, sex, physical description, and

11  location of each victim disabled adult or an elderly person

12  alleged to have been abused, neglected, or exploited.

13         2.  Names, addresses, and telephone numbers of the

14  victim's disabled adult's or elderly person's family members.

15         3.  Name, address, and telephone number of each alleged

16  perpetrator.

17         4.  Name, address, and telephone number of the

18  caregiver of the victim disabled adult or elderly person, if

19  different from the alleged perpetrator.

20         5.  Name, address, and telephone number of the person

21  reporting the alleged abuse, neglect, or exploitation.

22         6.  Description of the physical or psychological

23  injuries sustained.

24         7.  Actions taken by the reporter, if any, such as

25  notification of the criminal justice agency.

26         8.  Any other information available to the reporting

27  person which may establish the cause of abuse, neglect, or

28  exploitation that occurred or is occurring.

29         (2)  MANDATORY REPORTS OF DEATH.--Any person who is

30  required to investigate reports of abuse, neglect, or

31  exploitation and who has reasonable cause to suspect that a

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  1  vulnerable disabled adult or an elderly person died as a

  2  result of abuse, neglect, or exploitation shall immediately

  3  report the suspicion to the appropriate medical examiner, to

  4  the appropriate criminal justice agency, and to the

  5  department, notwithstanding the existence of a death

  6  certificate signed by a practicing physician.  The medical

  7  examiner shall accept the report for investigation pursuant to

  8  s. 406.11 and shall report the findings of the investigation,

  9  in writing, to the appropriate local criminal justice agency,

10  the appropriate state attorney, and the department.  Autopsy

11  reports maintained by the medical examiner are not subject to

12  the confidentiality requirements provided for in s. 415.107.

13         Section 8.  Section 415.1035, Florida Statutes, is

14  amended to read:

15         415.1035  Facility's duty to inform residents of their

16  right to report abusive, neglectful, or exploitive

17  practices.--The department shall work cooperatively with the

18  Agency for Health Care Administration and the Department of

19  Elderly Affairs to ensure that every facility that serves

20  vulnerable adults informs residents of their right to report

21  abusive, neglectful, or exploitive practices.  Each facility

22  must establish appropriate policies and procedures to

23  facilitate such reporting.

24         (1)  Every facility that serves disabled adults or

25  elderly persons must inform residents of their right to report

26  abusive, neglectful, or exploitive practices and must

27  establish appropriate policies and procedures to facilitate

28  such reporting.

29         (2)  The statewide toll-free telephone number for the

30  central abuse registry and tracking system must be posted in

31  all facilities operated by, under contract with, or licensed

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  1  by the department or the Agency for Health Care Administration

  2  which provide services to disabled adults or elderly persons.

  3  Such posting must be clearly visible and in a prominent place

  4  within the facility and must be accompanied by the words, "To

  5  Report the Abuse, Neglect, or Exploitation of a Disabled Adult

  6  or an Elderly Person, Please Call:....."

  7         Section 9.  Subsection (1) of section 415.1036, Florida

  8  Statutes, is amended to read:

  9         415.1036  Immunity.--

10         (1)  Any person who participates in making a report

11  under s. 415.1034 or participates in a judicial proceeding

12  resulting therefrom is presumed to be acting in good faith

13  and, unless lack of good faith is shown by clear and

14  convincing evidence, is immune from any liability, civil or

15  criminal, that otherwise might be incurred or imposed.  This

16  section does not grant immunity, civil or criminal, to any

17  person who is suspected of having abused, neglected, or

18  exploited, or committed any illegal act upon or against, a

19  vulnerable disabled adult or an elderly person.  Further, a

20  resident or employee of a facility that serves vulnerable

21  disabled adults or elderly persons may not be subjected to

22  reprisal or discharge because of the resident's or employee's

23  actions in reporting abuse, neglect, or exploitation pursuant

24  to s. 415.1034.

25         Section 10.  Section 415.104, Florida Statutes, is

26  amended to read:

27         415.104  Protective services investigations of cases of

28  abuse, neglect, or exploitation of vulnerable aged persons or

29  disabled adults; transmittal of records to state attorney.--

30         (1)  The department shall, upon receipt of a report

31  alleging abuse, neglect, or exploitation of a vulnerable an

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  1  aged person or disabled adult, begin commence, or cause to be

  2  commenced within 24 hours, a protective services investigation

  3  of the facts alleged therein. If, upon arrival of the

  4  protective investigator at the scene of the incident, a

  5  caregiver refuses to allow the department to begin a

  6  protective services investigation or interferes with the

  7  department's ability to conduct of such an investigation, the

  8  appropriate law enforcement agency shall be contacted for

  9  assistance to assist the department in commencing the

10  protective services investigation. If, during the course of

11  the investigation, the department has reason to believe that

12  the abuse, neglect, or exploitation is perpetrated by a second

13  party, the appropriate law enforcement criminal justice agency

14  and state attorney shall be orally notified. The department

15  and the law enforcement agency shall cooperate to allow the

16  criminal investigation to proceed concurrently with, and not

17  be hindered by, the protective investigation. in order that

18  such agencies may begin a criminal investigation concurrent

19  with the protective services investigation of the department.

20  In an institutional investigation, the alleged perpetrator may

21  be represented by an attorney, at his or her own expense, or

22  accompanied by another person, if the person or the attorney

23  executes an affidavit of understanding with the department and

24  agrees to comply with the confidentiality provisions of s.

25  415.107. The absence of an attorney or other person does not

26  prevent the department from proceeding with other aspects of

27  the investigation, including interviews with other persons.

28  The department shall make a preliminary written report to the

29  law enforcement criminal justice agencies within 5 working

30  days after the oral report.  The department shall, within 24

31  hours after receipt of the report, notify the appropriate

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  1  human rights advocacy committee, or long-term care ombudsman

  2  council, when appropriate, that an alleged abuse, neglect, or

  3  exploitation perpetrated by a second party has occurred.

  4  Notice to the human rights advocacy committee or long-term

  5  care ombudsman council may be accomplished orally or in

  6  writing and shall include the name and location of the

  7  vulnerable aged person or disabled adult alleged to have been

  8  abused, neglected, or exploited and the nature of the report.

  9         (2)  Upon commencing an investigation, the protective

10  investigator shall inform all of the vulnerable adults and

11  alleged perpetrators named in the report of the following:

12         (a)  The names of the investigators and identifying

13  credentials from the department.

14         (b)  The purpose of the investigation.

15         (c)  That the victim, the victim's guardian, the

16  victim's caregiver, and the alleged perpetrator, and legal

17  counsel for any of those persons, have a right to a copy of

18  the report at the conclusion of the investigation.

19         (d)  The name and telephone number of the protective

20  investigator's supervisor available to answer questions.

21         (e)  That each person has the right to obtain his or

22  her own attorney.

23

24  Any person being interviewed by a protective investigator may

25  be represented by an attorney, at the person's own expense, or

26  may choose to have another person present. The other person

27  present may not be an alleged perpetrator in any report

28  currently under investigation. Before participating in such

29  interview, the other person present shall execute an agreement

30  to comply with the confidentiality requirements of ss.

31  415.101-415.113. The absence of an attorney or other person

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  1  does not prevent the department from proceeding with other

  2  aspects of the investigation, including interviews with other

  3  persons. In an investigative interview with a vulnerable

  4  adult, the protective investigator may conduct the interview

  5  with no other person present.

  6         (3)  For each report it receives, the department shall

  7  perform an onsite investigation to:

  8         (a)  Determine that the person is a vulnerable an aged

  9  person or disabled adult as defined in s. 415.102.

10         (b)  Determine whether the person is a vulnerable adult

11  in need of services, as defined in s. 415.102.

12         (c)(b)  Determine the composition of the family or

13  household, including the name, address, date of birth, social

14  security number, sex, and race of each aged person in the

15  household or disabled adult named in the report; any others in

16  the household or in the care of the caregiver, or any other

17  persons responsible for the aged person's or disabled adult's

18  welfare; and any other adults in the same household.

19         (d)(c)  Determine whether there is an indication that a

20  vulnerable any aged person or disabled adult is abused,

21  neglected, or exploited., including a determination of harm or

22  threatened harm to any aged person or disabled adult;

23         (e)  Determine the nature and extent of present or

24  prior injuries, abuse, or neglect, and any evidence thereof.

25         (f)  Determine, if possible,; and a determination as to

26  the person or persons apparently responsible for the abuse,

27  neglect, or exploitation, including the name, address, date of

28  birth, social security number, sex, and race of each person to

29  be classified as an alleged perpetrator in a proposed

30  confirmed report.  An alleged perpetrator named in a proposed

31  confirmed report of abuse, neglect, or exploitation shall

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  1  cooperate in the provision of the required data for the

  2  central abuse registry and tracking system to the fullest

  3  extent possible.

  4         (g)(d)  Determine the immediate and long-term risk to

  5  each vulnerable aged person or disabled adult through

  6  utilization of standardized risk assessment instruments.

  7         (h)(e)  Determine the protective, treatment, and

  8  ameliorative services necessary to safeguard and ensure the

  9  vulnerable aged person's or disabled adult's well-being and

10  cause the delivery of those services through the early

11  intervention of the departmental worker responsible for

12  service provision and management of identified services.

13         (4)(2)  No later than 60 30 days after receiving the

14  initial report, the designated protective investigative adult

15  services staff of the department shall complete the its

16  investigation and classify the report as proposed confirmed or

17  unfounded or close the report without classification and

18  notify the guardian of the vulnerable aged person or disabled

19  adult, the vulnerable aged person or disabled adult, and the

20  caregiver of any recommendations of services to be provided to

21  ameliorate the causes or effects of abuse, neglect, or

22  exploitation alleged perpetrator.  These findings must be

23  reported to the department's central abuse registry and

24  tracking system.  For proposed confirmed reports, after

25  receiving the final administrative order rendered in a hearing

26  requested pursuant to s. 415.103(3)(d) or after the 30-day

27  period during which an alleged perpetrator may request such a

28  hearing has expired, the department shall classify the report

29  of abuse, neglect, or exploitation as confirmed or unfounded

30  and shall report its findings to the department's central

31

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  1  abuse registry and tracking system, and must do so in

  2  accordance with the final order if a hearing was held.

  3         (5)(3)  Whenever the law enforcement criminal justice

  4  agency and the department have conducted independent

  5  investigations, the law enforcement criminal justice agency

  6  shall, within 5 working days after concluding its

  7  investigation, report its findings from its investigation to

  8  the state attorney and to the department.

  9         (6)(4)  Upon receipt of a report which alleges that an

10  employee or agent of the department acting in an official

11  capacity has committed an act of abuse, neglect, or

12  exploitation, the department shall commence, or cause to be

13  commenced within 24 hours, a protective services investigation

14  and shall notify the state attorney in whose circuit the

15  alleged abuse, neglect, or exploitation occurred.

16         (7)(5)  With respect to any case of reported abuse,

17  neglect, or exploitation of a vulnerable an aged person or

18  disabled adult, the department, when appropriate, shall

19  transmit all relevant reports received by it which pertain to

20  the investigation to the state attorney of the circuit where

21  the incident occurred.

22         (8)(6)  Within 15 days after of completion of the state

23  attorney's investigation of a case reported to him or her

24  pursuant to this section, the state attorney shall report his

25  or her findings to the department and shall include a

26  determination of whether or not prosecution is justified and

27  appropriate in view of the circumstances of the specific case.

28         (9)(7)  The department shall not use a warning,

29  reprimand, or disciplinary action against an employee, found

30  in that employee's personnel records, as the sole basis for a

31  finding of abuse, neglect, or exploitation.

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  1         Section 11.  Section 415.1045, Florida Statutes, is

  2  amended to read:

  3         415.1045  Protective investigations; onsite

  4  investigations; Photographs, videotapes, and medical

  5  examinations; abrogation of privileged communications;

  6  confidential records and documents; classification or closure

  7  of records.--

  8         (1)  PROTECTIVE INVESTIGATIONS.--

  9         (a)  The department shall, upon receipt of a report

10  alleging abuse or neglect of a disabled adult or an elderly

11  person, commence, or cause to be commenced within 24 hours, a

12  protective investigation of the facts alleged therein.  The

13  department shall, upon receipt of a report alleging only the

14  exploitation of a disabled adult or an elderly person,

15  commence, or cause to be commenced within 24 hours, excluding

16  Saturdays, Sundays, and legal holidays, a protective

17  investigation of the facts alleged therein.

18         (b)  Upon commencing an investigation, the adult

19  protective investigator shall inform all disabled adults and

20  elderly persons and alleged perpetrators named in the report

21  of the following:

22         1.  The names of the investigators and identifying

23  credentials from the department.

24         2.  The purpose of the investigation.

25         3.  The possible consequences of the investigation.

26         4.  That the victim, the victim's guardian, the

27  victim's caregiver, and the alleged perpetrator, and legal

28  counsel for any of those persons, have a right to a copy of

29  the report at the conclusion of the investigation.

30

31

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  1         5.  That appeal rights may exist and that such rights

  2  will be explained in writing when appropriate and necessary at

  3  the conclusion of the investigation.

  4         6.  The name and telephone number of the adult

  5  protective investigator's supervisor available to answer

  6  questions.

  7         (c)  Except as provided in paragraph (d), in an

  8  investigative interview, any person being interviewed may be

  9  represented by an attorney, at the person's own expense, or

10  may choose to have another person present.  The other person

11  present may not be an alleged perpetrator in any report

12  currently under investigation. Before participating in such

13  interview, the other person present shall execute an agreement

14  to comply with the confidentiality requirements of ss.

15  415.101-415.113. The absence of an attorney or other person

16  does not prevent the department from proceeding with other

17  aspects of the investigation, including interviews with other

18  persons.

19         (d)  In an investigative interview with the disabled

20  adult or an elderly person, the protective investigator may

21  conduct the interview with no other person present.

22         (2)  ONSITE INVESTIGATIONS.--For each report it

23  receives, the department shall perform an onsite investigation

24  to:

25         (a)  Determine whether the person is a disabled adult

26  or an elderly person as defined in s. 415.102.

27         (b)  Determine whether the person is a disabled adult

28  in need of services or an elderly person in need of services,

29  as defined in s. 415.102.

30         (c)  Determine whether there is an indication that any

31  disabled adult or elderly person has been or is being abused,

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  1  neglected, or exploited, including a determination of the

  2  immediate and long-term risk; the nature and extent of present

  3  or prior injuries; and the nature and extent of any abuse,

  4  neglect, or exploitation, and any evidence thereof.

  5         (d)  Determine whether protective and ameliorative

  6  services are necessary to safeguard and ensure the disabled

  7  adult's or elderly person's well-being and cause the delivery

  8  of those services.

  9         (e)  Determine the person or persons apparently

10  responsible for the abuse, neglect, or exploitation.

11         (f)  Determine the composition of the family or

12  household, including all disabled adults and elderly persons

13  named in the report, all persons in the care of the caregiver,

14  any other persons responsible for the disabled adult's or

15  elderly person's welfare, and any other adults or children in

16  the same household.

17         (g)  Gather appropriate demographic data.  Each person

18  must cooperate to the fullest extent possible by providing the

19  person's name, address, date of birth, social security number,

20  sex, and race to the department's representative.

21         (1)(3)  PHOTOGRAPHS AND VIDEOTAPES.--

22         (a)  The adult protective investigator, while

23  investigating a report of abuse, neglect, or exploitation, may

24  take or cause to be taken photographs and videotapes of the

25  vulnerable disabled adult or elderly person, and of his or her

26  the disabled adult's or elderly person's environment, which

27  are relevant to the investigation.  All photographs and

28  videotapes taken during the course of the protective

29  investigation are confidential and exempt from public

30  disclosure as provided in s. 415.107.

31

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  1         (b)  Any photographs or videotapes made pursuant to

  2  this subsection, or copies thereof, must be sent to the

  3  department as soon as possible.

  4         (2)(4)  MEDICAL EXAMINATIONS.--

  5         (a)  With the consent of the vulnerable disabled adult

  6  or elderly person who has the capacity to consent or the

  7  vulnerable disabled adult's or elderly person's guardian, or

  8  pursuant to s. 415.1051, the department may cause the

  9  vulnerable disabled adult or elderly person to be referred to

10  a licensed physician or any emergency department in a hospital

11  or health care facility for medical examination, diagnosis, or

12  treatment if any of the following circumstances exist:

13         1.  The areas of trauma visible on the vulnerable

14  disabled adult or elderly person indicate a need for medical

15  examination;

16         2.  The vulnerable disabled adult or elderly person

17  verbally complains or otherwise exhibits signs or symptoms

18  indicating a need for medical attention as a consequence of

19  suspected abuse, neglect, or exploitation; or

20         3.  The vulnerable disabled adult or elderly person is

21  alleged to have been sexually abused.

22         (b)  Upon admission to a hospital or health care

23  facility, with the consent of the vulnerable disabled adult or

24  elderly person who has capacity to consent or that person's

25  guardian, or pursuant to s. 415.1051, the medical staff of the

26  facility may examine, diagnose, or treat the vulnerable

27  disabled adult or elderly person. If a person who has legal

28  authority to give consent for the provision of medical

29  treatment to a vulnerable disabled adult or elderly person has

30  not given or has refused to give such consent, examination and

31  treatment must be limited to reasonable examination of the

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  1  patient to determine the medical condition of the patient and

  2  treatment reasonably necessary to alleviate the medical

  3  condition or to stabilize the patient pending a determination

  4  by the court of the department's petition authorizing

  5  protective services.  Any person may seek an expedited

  6  judicial intervention under rule 5.900 of the Florida Probate

  7  Rules concerning medical treatment procedures.

  8         (c)  Medical examination, diagnosis, and treatment

  9  provided under this subsection must be paid for by third-party

10  reimbursement, if available, or by the vulnerable disabled

11  adult, if he or she is or elderly person or that person's

12  guardian from the disabled adult's or elderly person's assets,

13  if the disabled adult or elderly person is determined to be

14  financially able to pay; or, if he or she the disabled adult

15  or elderly person is unable to pay, the department shall pay

16  the costs within available emergency services funds.

17         (d)  Reports of examination, diagnosis, and treatment

18  made under this subsection, or copies thereof, must be sent to

19  the department as soon as possible.

20         (e)  This subsection does not obligate the department

21  to pay for any treatment other than that necessary to

22  alleviate the immediate presenting problems.

23         (3)(5)  ABROGATION OF PRIVILEGED COMMUNICATIONS.--The

24  privileged quality of communication between husband and wife

25  and between any professional and the professional's patient or

26  client, and any other privileged communication except that

27  between attorney and client or clergy and person, as such

28  communication relates to both the competency of the witness

29  and to the exclusion of confidential communications, does not

30  apply to any situation involving known or suspected abuse,

31  neglect, or exploitation of a vulnerable disabled adult or an

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  1  elderly person and does not constitute grounds for failure to

  2  report as required by s. 415.1034, for failure to cooperate

  3  with the department in its activities under ss.

  4  415.101-415.113, or for failure to give evidence in any

  5  judicial or administrative proceeding relating to abuse,

  6  neglect, or exploitation of a vulnerable disabled adult or an

  7  elderly person.

  8         (4)(6)  MEDICAL, SOCIAL, OR FINANCIAL RECORDS OR

  9  DOCUMENTS.--

10         (a)  The adult protective investigator, while

11  investigating a report of abuse, neglect, or exploitation,

12  must have access to, inspect, and copy all medical, social, or

13  financial records or documents in the possession of any

14  person, caregiver, guardian, or facility which are relevant to

15  the allegations under investigation, unless specifically

16  prohibited by the vulnerable disabled adult or elderly person

17  who has capacity to consent.

18         (b)  The confidentiality of any medical, social, or

19  financial record or document that is confidential under state

20  law does not constitute grounds for failure to:

21         1.  Report as required by s. 415.1034;

22         2.  Cooperate with the department in its activities

23  under ss. 415.101-415.113;

24         3.  Give access to such records or documents; or

25         4.  Give evidence in any judicial or administrative

26  proceeding relating to abuse, neglect, or exploitation of a

27  vulnerable disabled adult or an elderly person.

28         (5)  ACCESS TO RECORDS AND DOCUMENTS.--If any person

29  refuses to allow the protective investigator to have access

30  to, inspect, or copy any medical, social, or financial record

31  or document in the possession of any person, caregiver,

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  1  guardian, or facility which is relevant to the allegations

  2  under investigation, the department may petition the court for

  3  an order requiring the person to allow access to the record or

  4  document.  The petition must allege specific facts sufficient

  5  to show that the record or document is relevant to the

  6  allegations under investigation and that the person refuses to

  7  allow access to such record or document.  If the court finds

  8  by a preponderance of the evidence that the record or document

  9  is relevant to the allegations under investigation, the court

10  may order the person to allow access to and permit the

11  inspection or copying of the medical, social, or financial

12  record or document.

13         (6)  WORKING AGREEMENTS.--The department shall enter

14  into working agreements with the jurisdictionally responsible

15  county sheriffs' office or local police department that will

16  be the lead agency when conducting any criminal investigation

17  arising from an allegation of abuse, neglect, or exploitation

18  of a vulnerable adult. The working agreement must specify how

19  the requirements of this chapter will be met. For the purposes

20  of such agreement, the jurisdictionally responsible law

21  enforcement entity is authorized to share Florida criminal

22  history and local criminal history information that is not

23  otherwise exempt from s. 119.07(1) with the district

24  personnel. A law enforcement entity entering into such

25  agreement must comply with s. 943.0525. Criminal justice

26  information provided by such law enforcement entity shall be

27  used only for the purposes specified in the agreement and

28  shall be provided at no charge. Notwithstanding any other

29  provision of law, the Department of Law Enforcement shall

30  provide to the department electronic access to Florida

31  criminal justice information which is lawfully available and

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  1  not exempt from s. 119.07(1), only for the purpose of

  2  protective investigations and emergency placement. As a

  3  condition of access to such information, the department shall

  4  be required to execute an appropriate user agreement

  5  addressing the access, use, dissemination, and destruction of

  6  such information and to comply with all applicable laws and

  7  rules of the Department of Law Enforcement.

  8         (7)  CLASSIFICATIONS AND CLOSURES.--No later than 45

  9  days after receiving an initial report in which the department

10  has jurisdiction, the adult protective investigator shall

11  complete the investigation and classify the report as proposed

12  confirmed or unfounded, or close the report without

13  classification.  The adult protective investigator must

14  document the details of the investigation, close the report,

15  and enter the data into the central abuse registry and

16  tracking system no later than 60 days after receiving the

17  initial report.

18         Section 12.  Section 415.105, Florida Statutes, is

19  amended to read:

20         415.105  Provision of protective services with consent;

21  withdrawal of consent; interference.--

22         (1)  PROTECTIVE SERVICES WITH CONSENT.--If the

23  department determines through its investigation that a

24  vulnerable disabled adult or an elderly person demonstrates a

25  need for protective services or protective supervision, the

26  department shall immediately provide, or arrange for the

27  provision of, protective services or protective supervision,

28  including in-home services, provided that the vulnerable

29  disabled adult or elderly person consents. A vulnerable adult

30  disabled person in need of services as defined in s. 415.102

31  shall be referred to the community care for disabled adults

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  1  program, or. An elderly person in need of services as defined

  2  in s. 415.102 shall be referred to the community care for the

  3  elderly program administered by the Department of Elderly

  4  Affairs.

  5         (2)  WITHDRAWAL OF CONSENT.--If the vulnerable disabled

  6  adult or elderly person withdraws consent to the receipt of

  7  protective services or protective supervision, the services

  8  may not be provided, except pursuant to s. 415.1051.

  9         (3)  INTERFERENCE WITH THE PROVISION OF PROTECTIVE

10  SERVICES.--When any person refuses to allow the provision of

11  protective services to a vulnerable adult who has the capacity

12  to consent to services, the department shall petition the

13  court for an order enjoining the person from interfering with

14  the provision of protective services.  The petition must

15  allege specific facts sufficient to show that the vulnerable

16  adult is in need of protective services and that the person

17  refuses to allow the provision of such services. If the court

18  finds by clear and convincing evidence that the vulnerable

19  adult is in need of protective services and that the person

20  refuses to allow the provision of such services, the court may

21  issue an order enjoining the person from interfering with the

22  provision of protective services to the vulnerable adult.

23         Section 13.  Section 415.1051, Florida Statutes, is

24  amended to read:

25         415.1051  Protective services interventions when

26  capacity to consent is lacking; nonemergencies; emergencies;

27  orders; limitations.--

28         (1)  NONEMERGENCY PROTECTIVE SERVICES

29  INTERVENTIONS.--If the department has reasonable cause to

30  believe that a vulnerable disabled adult or elderly person is

31  being abused, neglected, or exploited and is in need of

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  1  protective services but lacks the capacity to consent to

  2  protective services, the department shall petition the court

  3  for an order authorizing the provision of protective services.

  4         (a)  Nonemergency protective services petition.--The

  5  petition must state the name, age, and address of the

  6  vulnerable disabled adult or elderly person, allege specific

  7  facts sufficient to show that the vulnerable disabled adult or

  8  elderly person is in need of protective services and lacks the

  9  capacity to consent to them, and indicate the services needed.

10         (b)  Notice.--Notice of the filing of the petition and

11  a copy of the petition must be given to the vulnerable

12  disabled adult or elderly person, to that person's spouse,

13  guardian, and legal counsel, and, when known, to the adult

14  children or next of kin of the vulnerable disabled adult or

15  elderly person.  Such notice must be given at least 5 days

16  before the hearing.

17         (c)  Hearing.--

18         1.  The court shall set the case for hearing within 14

19  days after the filing of the petition.  The vulnerable

20  disabled adult or elderly person and any person given notice

21  of the filing of the petition have the right to be present at

22  the hearing.  The department must make reasonable efforts to

23  ensure the presence of the vulnerable disabled adult or

24  elderly person at the hearing.

25         2.  The vulnerable disabled adult or elderly person has

26  the right to be represented by legal counsel at the hearing.

27  The court shall appoint legal counsel to represent a

28  vulnerable disabled adult or elderly person who is without

29  legal representation.

30         3.  The court shall determine whether:

31

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  1         a.  Protective services, including in-home services,

  2  are necessary. for the disabled adult or elderly person; and

  3         b.  The vulnerable disabled adult or elderly person

  4  lacks the capacity to consent to the provision of such

  5  services.

  6         (d)  Hearing findings.--If at the hearing the court

  7  finds by clear and convincing evidence that the vulnerable

  8  disabled adult or elderly person is in need of protective

  9  services and lacks the capacity to consent to protective

10  services, the court may issue an order authorizing the

11  provision of protective services.  If an order for protective

12  services is issued, it must include a statement of the

13  services to be provided and designate an individual or agency

14  to be responsible for performing or obtaining the essential

15  services on behalf of the vulnerable disabled adult or elderly

16  person or otherwise consenting to protective services on

17  behalf of the vulnerable disabled adult or elderly person.

18         (e)  Continued protective services.--

19         1.  No more than 60 days after the date of the order

20  authorizing the provision of protective services, the

21  department shall petition the court to determine whether:

22         a.  Protective services will be continued with the

23  consent of the vulnerable disabled adult or elderly person

24  pursuant to subsection (1);

25         b.  Protective services will be continued for the

26  vulnerable disabled adult or elderly person who lacks

27  capacity;

28         c.  Protective services will be discontinued; or

29         d.  A petition for guardianship should be filed

30  pursuant to chapter 744.

31

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  1         2.  If the court determines that a petition for

  2  guardianship should be filed pursuant to chapter 744, the

  3  court, for good cause shown, may order continued protective

  4  services until it makes a determination regarding the disabled

  5  adult's or elderly person's capacity.

  6         (f)  Costs.--The costs of services ordered under this

  7  section must be paid by the perpetrator if the perpetrator is

  8  financially able to do so; or by third-party reimbursement, if

  9  available.  If the vulnerable disabled adult or elderly person

10  is unable to pay for guardianship, application may be made to

11  the public guardian for public guardianship services, if

12  available.

13         (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If

14  the department has reasonable cause to believe that a

15  vulnerable disabled adult or an elderly person is suffering

16  from abuse or neglect that presents a risk of death or serious

17  physical injury to the vulnerable disabled adult or elderly

18  person and that the vulnerable disabled adult or elderly

19  person lacks the capacity to consent to emergency protective

20  services, the department may take action under this

21  subsection.  If the vulnerable disabled adult or elderly

22  person has the capacity to consent and refuses consent to

23  emergency protective services, emergency protective services

24  may not be provided.

25         (a)  Emergency entry of premises.--If, upon arrival at

26  the scene of the incident, consent is not obtained for access

27  to the alleged victim for purposes of conducting a protective

28  investigation under this subsection and the department has

29  reason to believe that the situation presents a risk of death

30  or serious physical injury, a representative of the department

31  and a law enforcement officer may forcibly enter the premises.

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  1  If, after obtaining access to the alleged victim, it is

  2  determined through a personal assessment of the situation that

  3  no emergency exists and there is no basis for emergency

  4  protective services intervention under this subsection, the

  5  department shall terminate the emergency entry and may provide

  6  protective services with the consent of the disabled adult or

  7  elderly person or may petition the court to provide

  8  nonemergency protective services or protective supervision

  9  pursuant to subsection (1).

10         (b)  Emergency removal from premises.--If it appears

11  that the vulnerable disabled adult or elderly person lacks the

12  capacity to consent to emergency protective services and that

13  the vulnerable disabled adult or elderly person, from the

14  personal observations of the representative of the department

15  and specified medical personnel or law enforcement officers,

16  is likely to incur a risk of death or serious physical injury

17  if such person is not immediately removed from the premises,

18  then the representative of the department shall transport or

19  arrange for the transportation of the vulnerable disabled

20  adult or elderly person to an appropriate medical or

21  protective services facility in order to provide emergency

22  protective services.  Law enforcement personnel have a duty to

23  transport when medical transportation is not available or

24  needed and the vulnerable disabled adult or elderly person

25  presents a threat of injury to self or others.  If the

26  vulnerable disabled adult's or elderly person's caregiver or

27  guardian is present, the adult protective investigator must

28  seek the caregiver's or guardian's consent pursuant to

29  subsection (4) before the vulnerable disabled adult or elderly

30  person may be removed from the premises, unless the adult

31  protective investigator suspects that the vulnerable disabled

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  1  adult's or elderly person's caregiver or guardian has caused

  2  the abuse, neglect, or exploitation to the disabled adult or

  3  elderly person. The department shall, within 24 hours after

  4  providing or arranging for emergency removal of the vulnerable

  5  disabled adult or elderly person, excluding Saturdays,

  6  Sundays, and legal holidays, petition the court for an order

  7  authorizing emergency protective services.

  8         (c)  Emergency medical treatment.--If, upon admission

  9  to a medical facility, it is the opinion of the medical staff

10  that immediate medical treatment is necessary to prevent

11  serious physical injury or death, and that such treatment does

12  not violate a known health care advance directive prepared by

13  the vulnerable disabled adult or elderly person, the medical

14  facility may proceed with treatment to the vulnerable disabled

15  adult or elderly person.  If a person with legal authority to

16  give consent for the provision of medical treatment to a

17  vulnerable disabled adult or an elderly person has not given

18  or has refused to give such consent, examination and treatment

19  must be limited to reasonable examination of the patient to

20  determine the medical condition of the patient and treatment

21  reasonably necessary to alleviate the emergency medical

22  condition or to stabilize the patient pending court

23  determination of the department's petition authorizing

24  emergency protective services. Any person may seek an

25  expedited judicial intervention under rule 5.900 of the

26  Florida Probate Rules concerning medical treatment procedures.

27         (d)  Emergency protective services petition.--A

28  petition filed under this subsection must state the name, age,

29  and address of the vulnerable disabled adult or elderly person

30  and allege the facts constituting the emergency protective

31  services intervention and subsequent removal of the vulnerable

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  1  disabled adult or elderly person or provision of in-home

  2  services, the facts relating to the capacity of the vulnerable

  3  disabled adult or elderly person to consent to services, the

  4  efforts of the department to obtain consent, and the services

  5  needed or delivered.

  6         (e)  Notice.--Notice of the filing of the emergency

  7  protective services petition and a copy of the petition must

  8  be given to the vulnerable disabled adult or elderly person,

  9  to that person's spouse, to that person's guardian, if any, to

10  legal counsel representing the vulnerable disabled adult or

11  elderly person, and, when known, to adult children or next of

12  kin of the vulnerable disabled adult or elderly person.  Such

13  notice must be given at least 24 hours before any hearing on

14  the petition for emergency protective services.

15         (f)  Hearing.--When emergency removal has occurred

16  under this subsection, a hearing must be held within 4 days

17  after the filing of the emergency protective services

18  petition, excluding Saturday, Sunday, and legal holidays, to

19  establish reasonable cause for grounds to continue emergency

20  protective services.

21         1.  The court shall determine, by clear and convincing

22  evidence, whether an emergency existed which justified the

23  emergency protective services intervention, whether the

24  vulnerable disabled adult or elderly person is in need of

25  emergency protective services, whether the vulnerable disabled

26  adult or elderly person lacks the capacity to consent to

27  emergency protective services, and whether:

28         a.  Emergency protective services will continue with

29  the consent of the vulnerable disabled adult or elderly person

30  pursuant to s. 415.105(1);

31

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  1         b.  Emergency protective services will continue without

  2  the consent of the vulnerable disabled adult or elderly person

  3  pursuant to subsection (2); or

  4         c.  Emergency protective services will be discontinued.

  5         2.  The vulnerable disabled adult or elderly person has

  6  the right to be represented by legal counsel at the hearing.

  7  The court shall appoint legal counsel to represent a

  8  vulnerable disabled adult or an elderly person who is without

  9  legal representation.

10         3.  The department must make reasonable efforts to

11  ensure the presence of the vulnerable disabled adult or

12  elderly person at the hearing.

13         4.  If an order to continue emergency protective

14  services is issued, it must state the services to be provided

15  and designate an individual or agency to be responsible for

16  performing or obtaining the essential services on behalf of

17  the disabled adult or elderly person, or otherwise consenting

18  to protective services on behalf of the vulnerable disabled

19  adult or elderly person.

20         (g)  Continued emergency protective services.--

21         1.  Not more than 60 days after the date of the order

22  authorizing the provision of emergency protective services,

23  the department shall petition the court to determine whether:

24         a.  Emergency protective services will be continued

25  with the consent of the vulnerable disabled adult or elderly

26  person pursuant to subsection (1);

27         b.  Emergency protective services will be continued for

28  the vulnerable disabled adult or elderly person who lacks

29  capacity;

30         c.  Emergency protective services will be discontinued;

31  or

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  1         d.  A petition should be filed under chapter 744.

  2         2.  If it is decided to file a petition under chapter

  3  744, for good cause shown, the court may order continued

  4  emergency protective services until a determination is made by

  5  the court regarding the disabled adult's or elderly person's

  6  capacity.

  7         (h)  Costs.--The costs of services ordered under this

  8  section must be paid by the perpetrator if the perpetrator is

  9  financially able to do so, or by third-party reimbursement, if

10  available. If the disabled adult or elderly person is unable

11  to pay for guardianship, application may be made to the public

12  guardian for public guardianship services, if available.

13         (3)  PROTECTIVE SERVICES ORDER.--In ordering any

14  protective services under this section, the court shall adhere

15  to the following limitations:

16         (a)  Only such protective services as are necessary to

17  ameliorate the conditions creating the abuse, neglect, or

18  exploitation may be ordered, and the court shall specifically

19  designate the approved services in the order of the court.

20         (b)  Protective services ordered may not include a

21  change of residence, unless the court specifically finds such

22  action is necessary to ameliorate the conditions creating the

23  abuse, neglect, or exploitation and the court gives specific

24  approval for such action in the order.  Placement may be made

25  to such facilities as adult family-care homes, assisted living

26  facilities, or nursing homes, or to other appropriate

27  facilities. Placement may not be made to facilities for the

28  acutely mentally ill, except as provided in chapter 394.

29         (c)  If an order to continue emergency protective

30  services is issued, it must include the designation of an

31  individual or agency to be responsible for performing or

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  1  obtaining the essential services on behalf of the vulnerable

  2  disabled adult or elderly person or otherwise consenting to

  3  protective services on behalf of the vulnerable disabled adult

  4  or elderly person.

  5         (4)  PROTECTIVE SERVICES INTERVENTIONS WITH CAREGIVER

  6  OR GUARDIAN PRESENT.--

  7         (a)  When a vulnerable disabled adult or an elderly

  8  person who lacks the capacity to consent has been identified

  9  in a report as the victim of abuse, neglect, or exploitation

10  and evidences a need for emergency or nonemergency protective

11  services or protective supervision, and a caregiver or

12  guardian who is responsible for the care of the disabled adult

13  or elderly person is present, the adult protective

14  investigator must first request consent from the caregiver or

15  guardian, if present, before providing protective services or

16  protective supervision, unless the adult protective

17  investigator suspects that the disabled adult's or elderly

18  person's caregiver or guardian has caused the abuse, neglect,

19  or exploitation of the disabled adult or elderly person.

20         (b)  If the caregiver or guardian agrees to engage or

21  provide services designed to prevent further abuse, neglect,

22  or exploitation, the department may provide protective

23  supervision for the disabled adult or elderly person.

24         (c)  If the caregiver or guardian refuses to give

25  consent or later withdraws consent to agreed-upon services, or

26  otherwise fails to provide needed care and supervision, the

27  department may provide emergency protective services as

28  provided in subsection (2).  If emergency protective services

29  are so provided, the department must then petition the court

30  for an order to provide emergency protective services under

31  subsection (3).

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  1         (5)  INTERFERENCE WITH COURT-ORDERED PROTECTIVE

  2  SERVICES.--When a court order exists authorizing protective

  3  services for a vulnerable adult who lacks capacity to consent

  4  and any person interferes with the provision of such

  5  court-ordered protective services, the appropriate law

  6  enforcement agency shall enforce the order of the court.

  7         (6)(5)  LIMITATIONS.--This section does not limit in

  8  any way the authority of the court or a criminal justice

  9  officer, or any other duly appointed official, to intervene in

10  emergency circumstances under existing statutes.  This section

11  does not limit the authority of any person to file a petition

12  for guardianship under chapter 744.

13         Section 14.  Section 415.1052, Florida Statutes, is

14  amended to read:

15         415.1052  Interference with investigation or with the

16  provision of protective services.--

17         (1)  If, upon arrival of the adult protective

18  investigator, any person refuses to allow the department to

19  begin a protective investigation, interferes with the

20  department's ability to conduct such an investigation, or

21  refuses to give access to the vulnerable disabled adult or

22  elderly person, the appropriate law enforcement agency must be

23  contacted to assist the department in commencing the

24  protective investigation.

25         (2)  If any person refuses to allow the adult

26  protective investigator to have access to, inspect, or copy

27  any medical, social, or financial record or document in the

28  possession of any person, caregiver, guardian, or facility

29  which is relevant to the allegations under investigation, the

30  department may petition the court for an order requiring the

31  person to give access to the record or document.  The petition

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  1  must allege specific facts sufficient to show that the record

  2  or document is relevant to the allegations under investigation

  3  and that the person refuses to give access to such record or

  4  document.  If the court finds by a preponderance of the

  5  evidence that the record or document is relevant to the

  6  allegations under investigation, the court may order the

  7  person to give access to and permit the inspection or copying

  8  of the medical, social, or financial record or document.

  9         (2)(3)  When any person refuses to allow the provision

10  of protective services to the vulnerable disabled adult or

11  elderly person who has the capacity to consent to services,

12  the department shall petition the court for an order enjoining

13  the person from interfering with the provision of protective

14  services.  The petition must allege specific facts sufficient

15  to show that the vulnerable disabled adult or elderly person

16  is in need of protective services and that the person refuses

17  to allow the provision of such services.  If the court finds

18  by clear and convincing evidence that the vulnerable disabled

19  adult or elderly person is in need of protective services and

20  that the person refuses to allow the provision of such

21  services, the court may issue an order enjoining the person

22  from interfering with the provision of protective services to

23  the vulnerable disabled adult or elderly person.

24         (4)  When a court order exists authorizing protective

25  services for a disabled adult or an elderly person who lacks

26  capacity to consent and any person interferes with the

27  provision of such court-ordered protective services to the

28  disabled adult or elderly person, the appropriate law

29  enforcement agency shall enforce the order of the court.

30         Section 15.  Section 415.1055, Florida Statutes, is

31  amended to read:

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  1         415.1055  Notification to administrative entities,

  2  subjects, and reporters; notification to law enforcement and

  3  state attorneys.--

  4         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

  5         (a)  The department shall, within 24 hours after

  6  receipt of a report of abuse, neglect, or exploitation of a

  7  disabled adult or an elderly person within a facility,

  8  excluding Saturdays, Sundays, and legal holidays, notify the

  9  appropriate human rights advocacy committee and the long-term

10  care ombudsman council, in writing, that the department has

11  reasonable cause to believe that a disabled adult or an

12  elderly person has been abused, neglected, or exploited at the

13  facility.

14         (1)(b)  Upon receipt of a report that alleges that an

15  employee or agent of the department or the Department of

16  Elderly Affairs, acting in an official capacity, has committed

17  an act of abuse, neglect, or exploitation, the department

18  shall notify the state attorney in whose circuit the abuse,

19  neglect, or exploitation occurred. This notification may be

20  oral or written.

21         (2)(c)  If at any time during a protective

22  investigation the department has reasonable cause to believe

23  that a vulnerable disabled adult or an elderly person has been

24  abused, neglected, or exploited by another person, the state

25  attorney having jurisdiction in the county in which the abuse,

26  neglect, or exploitation occurred shall be notified

27  immediately, either orally or in writing.

28         (3)(d)  If at any time during a protective

29  investigation the department has reasonable cause to believe

30  that a vulnerable disabled adult or an elderly person has been

31  abused, neglected, or exploited by another person, the

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  1  appropriate law enforcement agency shall be immediately

  2  notified.  Such agency may begin a criminal investigation

  3  concurrent with or independent of the protective investigation

  4  of the department.  This notification may be oral or written.

  5         (4)(e)  If at any time during a protective

  6  investigation the department has reasonable cause to believe

  7  that abuse, neglect, or exploitation of a vulnerable disabled

  8  adult or an elderly person has occurred within a facility that

  9  receives Medicaid funds, the department shall notify the

10  Medicaid Fraud Control Unit within the Department of Legal

11  Affairs, Office of the Attorney General, in order that it may

12  begin an investigation concurrent with the protective

13  investigation of the department. This notification may be oral

14  or written.

15         (5)(f)  If at any time during a protective

16  investigation the department has reasonable cause to believe

17  that an employee of a facility, as defined in s. 415.102(13),

18  is the alleged perpetrator of abuse, neglect, or exploitation

19  of a vulnerable disabled adult or an elderly person, the

20  department shall notify the Agency for Health Care

21  Administration, Division of Health Quality Assurance, in

22  writing.

23         (6)(g)  If at any time during a protective

24  investigation the department has reasonable cause to believe

25  that professional licensure violations have occurred, the

26  department shall notify the Division of Medical Quality

27  Assurance within the Department of Health. This notification

28  must be in writing.

29         (7)(h)  When a report has been classified as proposed

30  confirmed, The department shall notify the state attorney

31  having jurisdiction in the county in which the abuse, neglect,

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  1  or exploitation occurred.  The department may submit a report

  2  that has been closed without classification if evidence

  3  indicates that further criminal investigation is warranted.

  4  This notification must be in writing.

  5         (8)(i)  At the conclusion of a protective investigation

  6  at a facility, the department shall notify either the human

  7  rights advocacy committee or long-term care ombudsman council

  8  of the results of the investigation.  This notification must

  9  be in writing.

10         (j)  At the conclusion of a protective investigation,

11  the department shall notify the Agency for Health Care

12  Administration when a licensee or a certified nursing

13  assistant has been named as perpetrator in a report that has

14  been classified as proposed confirmed or confirmed.  This

15  notification must be in writing.

16         (9)(k)  When a report has been classified as proposed

17  confirmed in cases involving a guardian of the person or

18  property, or both, is received, the department shall notify

19  the probate court having jurisdiction over the guardianship,

20  of the proposed confirmed report. This notification must be in

21  writing.

22         (10)  When a report has been received and the

23  department has reason to believe that a vulnerable adult

24  resident of a facility licensed by the Agency for Health Care

25  Administration has been the victim of abuse, neglect, or

26  exploitation, the department shall provide a copy of its

27  investigation to the agency. If the investigation determines

28  that a health professional licensed or certified under the

29  Department of Health may have abused, neglected, or exploited

30  a vulnerable adult, the department shall also provide a copy

31  to the Department of Health.

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  1         (2)  NOTIFICATION TO OTHER PERSONS.--

  2         (a)  In the case of a report that has been classified

  3  as unfounded, notice of the classification must be given to

  4  the disabled adult or elderly person, the guardian of that

  5  person, the caregiver of that person, and the person who had

  6  been named as the alleged perpetrator.  The notice must be

  7  sent by regular mail and must advise the recipient that the

  8  report will be expunged in 1 year.

  9         (b)  If a report has been classified as proposed

10  confirmed, notice of the classification must be given to the

11  disabled adult or elderly person, the guardian of that person,

12  the caregiver of that person, and the alleged perpetrator, and

13  legal counsel, if known, for those persons.

14         1.  The notice must state the nature of the alleged

15  abuse, neglect, or exploitation and the facts that are alleged

16  to support the proposed confirmed classification.

17         2.  The notice must advise the recipient of the

18  recipient's right to request a copy of the report within 60

19  days after receipt of the notice.

20         3.  The notice must clearly advise the alleged

21  perpetrator that the alleged perpetrator has the right to

22  request amendment or expunction of the report within 60 days

23  after receipt of the notice, and that failure to request

24  amendment or expunction within 60 days means that the report

25  will be reclassified as confirmed at the expiration of the 60

26  days and that the alleged perpetrator agrees not to contest

27  the classification of the report. No further administrative or

28  judicial proceedings in the matter are allowed.

29         4.  The notice must state that, if the report becomes

30  confirmed, the alleged perpetrator may be disqualified from

31

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  1  working with children, the developmentally disabled, disabled

  2  adults, and elderly persons.

  3         5.  Notice of a proposed confirmed report must be

  4  personally served upon the alleged perpetrator in this state

  5  by an adult protective investigator, a sheriff, or a private

  6  process server in the district in which the alleged

  7  perpetrator resides, works, or can be found. Proof of service

  8  of the notice must be by affidavit prepared by the individual

  9  serving the notice upon the alleged perpetrator.  The

10  affidavit must state the name of the person serving the

11  notice, the name of the alleged perpetrator served, the

12  location at which the alleged perpetrator was served, and the

13  time the notice was served. If the notice of a proposed

14  confirmed report cannot be personally served upon the alleged

15  perpetrator in this state or if the alleged perpetrator does

16  not reside in this state, the notice of the proposed confirmed

17  report must be sent by certified mail, return receipt

18  requested, forwarding and address correction requested, to the

19  last known address of the alleged perpetrator.  If an alleged

20  perpetrator cannot be served either by personal service or by

21  certified mail, the record of the proposed confirmed report

22  must be maintained pursuant to s. 415.1065.

23         6.  Notice to other named persons may be sent by

24  regular mail, with the department giving notice to the

25  caregiver, the guardian, legal counsel for all parties, and

26  the disabled adult or elderly person.

27         7.  If a proposed confirmed report becomes confirmed

28  because the alleged perpetrator fails to make a timely request

29  to amend or expunge the proposed confirmed report, the

30  department must give notice of the confirmed classification to

31  the perpetrator and the perpetrator's legal counsel.

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  1         a.  Notice of the confirmed classification must inform

  2  the perpetrator that the perpetrator may be disqualified from

  3  working with children, the developmentally disabled, disabled

  4  adults, and elderly persons.

  5         b.  The notice must inform the perpetrator that further

  6  departmental proceedings in the matter are not allowed.

  7         c.  The notice of the confirmed classification must be

  8  sent by certified mail, return receipt requested.

  9         (c)  If a report is closed without classification,

10  notice must be given to the guardian of the disabled adult or

11  elderly person, the disabled adult or elderly person, the

12  caregiver of that person, any person or facility named in the

13  report, and the person who had been named as the alleged

14  perpetrator.  The notice must be sent by regular mail and must

15  advise the recipient that:

16         1.  The report will be retained for 7 years.

17         2.  The recipient has a right to request a copy of this

18  report.

19         3.  Any person or facility named in a report classified

20  as closed without classification has the right to request

21  amendment or expunction of the report within 60 days after the

22  receipt of the notice, and that failure to request amendment

23  or expunction within 60 days means that the report will remain

24  classified as closed without classification and that the

25  person agrees not to contest the classification of the report.

26  No further proceeding will be allowed in this matter.

27         (d)  In the case of a report that has been determined

28  by an adult protective services investigator to be either a

29  disabled adult in need of services or an elderly person in

30  need of services, as defined in s. 415.102, no classification

31

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  1  of the report shall be made and no notification shall be

  2  required.

  3         (e)  The department shall adopt rules prescribing the

  4  content of the notices to be provided and requiring uniformity

  5  of content and appearance of each notice of classification or

  6  closure without classification.

  7         (3)  NOTIFICATION BY LAW ENFORCEMENT AND STATE

  8  ATTORNEYS.--

  9         (a)  Whenever the law enforcement agency and the

10  department have conducted independent investigations, the law

11  enforcement agency shall, within 5 working days after

12  concluding its investigation, report its findings to the

13  department and to the state attorney.

14         (b)  Within 15 days after completion of an

15  investigation of a case reported to the state attorney under

16  this section, the state attorney shall report the findings to

17  the department and shall include a determination of whether or

18  not prosecution is justified and appropriate in view of the

19  circumstances of the specific case.

20         Section 16.  Subsections (2) and (3) of section

21  415.106, Florida Statutes, are amended to read:

22         415.106  Cooperation by the department and criminal

23  justice and other agencies.--

24         (2)  To ensure coordination, communication, and

25  cooperation with the investigation of abuse, neglect, or

26  exploitation of vulnerable disabled adults or elderly persons,

27  the department shall develop and maintain interprogram

28  agreements or operational procedures among appropriate

29  departmental programs and the State Long-Term Care Ombudsman

30  Council, the Statewide Human Rights Advocacy Committee, and

31  other agencies that provide services to vulnerable disabled

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  1  adults or elderly persons. These agreements or procedures must

  2  cover such subjects as the appropriate roles and

  3  responsibilities of the department in identifying and

  4  responding to reports of abuse, neglect, or exploitation of

  5  vulnerable disabled adults or elderly persons; the provision

  6  of services; and related coordinated activities.

  7         (3)  To the fullest extent possible, the department

  8  shall cooperate with and seek cooperation from all appropriate

  9  public and private agencies, including health agencies,

10  educational agencies, social service agencies, courts,

11  organizations, or programs providing or concerned with human

12  services related to the prevention, identification, or

13  treatment of abuse, neglect, or exploitation of vulnerable

14  disabled adults and elderly persons.

15         Section 17.  Section 415.107, Florida Statutes, is

16  amended to read:

17         415.107  Confidentiality of reports and records.--

18         (1)  In order to protect the rights of the individual

19  or other persons responsible for the welfare of a vulnerable

20  disabled adult or an elderly person, all records concerning

21  reports of abuse, neglect, or exploitation of the vulnerable

22  disabled adult or elderly person, including reports made to

23  the central abuse hotline registry and tracking system, and

24  all records generated as a result of such reports shall be

25  confidential and exempt from s. 119.07(1) and may not be

26  disclosed except as specifically authorized by ss.

27  415.101-415.113.

28         (2)  Access to all records shall be granted to staff of

29  the legislative committees with jurisdiction over issues and

30  services related to vulnerable adults, or over the department.

31

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  1         (3)(2)  Access to all records, excluding the name of

  2  the reporter which shall be released only as provided in

  3  subsection (6), shall be granted only to the following

  4  persons, officials, and agencies:

  5         (a)  Employees or agents of the department, of the

  6  Agency for Health Care Administration, or of the Department of

  7  Elderly Affairs who are responsible for carrying out adult

  8  protective investigations, ongoing adult protective services,

  9  or licensure or approval of nursing homes, assisted living

10  facilities, adult day care centers, adult family-care homes,

11  home care for the elderly, hospices, or other facilities used

12  for the placement of vulnerable disabled adults or elderly

13  persons.

14         (b)  A criminal justice agency investigating a report

15  of known or suspected abuse, neglect, or exploitation of a

16  vulnerable disabled adult or an elderly person.

17         (c)  The state attorney of the judicial circuit in

18  which the vulnerable disabled adult or elderly person resides

19  or in which the alleged abuse, neglect, or exploitation

20  occurred.

21         (d)  Any victim, the victim's person who is the subject

22  of a report or the subject's guardian, caregiver, or legal

23  counsel, and any person who the department has determined

24  might be abusing, neglecting, or exploiting the victim.

25         (e)  A court, by subpoena, upon its finding that access

26  to such records may be necessary for the determination of an

27  issue before the court; however, such access must be limited

28  to inspection in camera, unless the court determines that

29  public disclosure of the information contained in such records

30  is necessary for the resolution of an issue then pending

31  before it.

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  1         (f)  A grand jury, by subpoena, upon its determination

  2  that access to such records is necessary in the conduct of its

  3  official business.

  4         (g)  Any appropriate official of the human rights

  5  advocacy committee or long-term care ombudsman council

  6  investigating a report of known or suspected abuse, neglect,

  7  or exploitation of a vulnerable disabled adult or an elderly

  8  person.

  9         (h)  Any appropriate official of the department, of the

10  Agency for Health Care Administration, or of the Department of

11  Elderly Affairs who is responsible for:

12         1.  Administration or supervision of the programs for

13  the prevention, investigation, or treatment of adult abuse,

14  neglect, or exploitation of vulnerable adults when carrying

15  out an official function; or

16         2.  Taking appropriate administrative action concerning

17  an employee alleged to have perpetrated institutional abuse,

18  neglect, or exploitation of a vulnerable disabled adult in an

19  institution or an elderly person.

20         (i)  Any person engaged in bona fide research or

21  auditing. However, information identifying the subjects of the

22  report must not be made available to the researcher.

23         (j)  Employees or agents of an agency of another state

24  that has jurisdiction comparable to the jurisdiction described

25  in paragraph (a).

26         (k)  The Public Employees Relations Commission for the

27  sole purpose of obtaining evidence for appeals filed pursuant

28  to s. 447.207.  Records may be released only after deletion of

29  all information that specifically identifies persons other

30  than the employee.

31

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  1         (l)  Any person in the event of the death of a

  2  vulnerable disabled adult or elderly person determined to be a

  3  result of abuse, neglect, or exploitation. Information

  4  identifying the person reporting abuse, neglect, or

  5  exploitation shall not be released. Any information otherwise

  6  made confidential or exempt by law shall not be released

  7  pursuant to this paragraph.

  8         (3)  The Division of Administrative Hearings may have

  9  access to a proposed confirmed or a confirmed report,

10  excluding the name of the reporter, for purposes of any

11  administrative challenge relating to a proposed confirmed or

12  confirmed report.

13         (4)  The Department of Health, the Department of

14  Business and Professional Regulation, and the Agency for

15  Health Care Administration may have access to a confirmed

16  report, excluding the name of the reporter, when considering

17  taking disciplinary action against a licensee or certified

18  nursing assistant pursuant to allegations for actions that

19  resulted in a confirmed report of abuse, neglect, or

20  exploitation which has been upheld following a chapter 120

21  hearing or a waiver of such proceedings.

22         (5)  The department may release to any professional

23  person such information as is necessary for the diagnosis and

24  treatment of, and service delivery to, a vulnerable disabled

25  adult or an elderly person or the person perpetrating the

26  abuse, neglect, or exploitation.

27         (6)  The identity of any person reporting adult abuse,

28  neglect, or exploitation of a vulnerable adult may not be

29  released, without that person's written consent, to any person

30  other than employees of the department responsible for adult

31  protective services, the central abuse hotline registry and

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  1  tracking system, or the appropriate state attorney or law

  2  enforcement agency.  This subsection grants protection only

  3  for the person who reported the adult abuse, neglect, or

  4  exploitation and protects only the fact that the person is the

  5  reporter. This subsection does not prohibit the subpoena of a

  6  person reporting the adult abuse, neglect, or exploitation

  7  when deemed necessary by the state attorney or the department

  8  to protect a vulnerable disabled adult or an elderly person

  9  who is the subject of a report, if the fact that the person

10  made the report is not disclosed.

11         (7)  For the purposes of this section, the term

12  "access" means a visual inspection or copy of the hard-copy

13  record maintained in the district.

14         (8)  Information in the central abuse hotline may not

15  be used for employment screening.

16         (8)  The department, upon receipt of the applicable

17  fee, shall search its central abuse registry and tracking

18  system records pursuant to the requirements of ss. 110.1127,

19  393.0655, 394.457, 397.451, 400.506, 400.509, 400.512,

20  402.305(1), 402.3055, 402.313, 409.175, 409.176, and 985.407

21  for the existence of a confirmed report made on the personnel

22  as defined in the foregoing provisions. The department shall

23  report the existence of any confirmed report and advise the

24  authorized licensing agency, applicant for licensure, or other

25  authorized agency or person of the results of the search and

26  the date of the report. Prior to a search being conducted, the

27  department or its designee shall notify such person that an

28  inquiry will be made. The department shall notify each person

29  for whom a search is conducted of the results of the search

30  upon request.

31

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  1         (9)  Upon receipt of the applicable fee and with the

  2  written consent of a person applying to work with disabled

  3  adults or elderly persons, the department shall search its

  4  central abuse registry and tracking system for the existence

  5  of a confirmed report.  The department shall advise the

  6  employer and the person of any such report found and the

  7  results of the investigation.

  8         (10)  The department may charge a user fee to an

  9  employer or the agency in charge of a volunteer, whichever is

10  applicable, for a search of the central abuse registry and

11  tracking system of up to one-third of the actual cost of the

12  screening process.  All fees received by the department under

13  this section shall be deposited in an administrative trust

14  fund of the department and may be expended only for the

15  caregiver screening program.

16         Section 18.  Section 415.1102, Florida Statutes, is

17  amended to read:

18         415.1102  Adult protection teams; services; eligible

19  cases.--Subject to an appropriation, the department may

20  develop, maintain, and coordinate the services of one or more

21  multidisciplinary adult protection teams in each of the

22  districts of the department. Such teams may be composed of,

23  but need not be limited to, representatives of appropriate

24  health, mental health, social service, legal service, and law

25  enforcement agencies.

26         (1)  The department shall utilize and convene the teams

27  to supplement the protective services activities of the adult

28  protective services program of the department.  This section

29  does not prevent a person from reporting under s. 415.1034 all

30  suspected or known cases of abuse, neglect, or exploitation of

31  a vulnerable disabled adult or an elderly person.  The role of

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  1  the teams is to support activities of the adult protective

  2  services program and to provide services deemed by the teams

  3  to be necessary and appropriate to abused, neglected, and

  4  exploited vulnerable disabled adults or elderly persons upon

  5  referral.  Services must be provided with the consent of the

  6  vulnerable disabled adult, or elderly person or that person's

  7  guardian, or through court order.  The specialized diagnostic

  8  assessment, evaluation, coordination, and other supportive

  9  services that an adult protection team must be capable of

10  providing include, but are not limited to:

11         (a)  Medical diagnosis and evaluation services,

12  including provision or interpretation of X rays and laboratory

13  tests, and related services, as needed, and documentation of

14  findings relative thereto.

15         (b)  Telephone consultation services in emergencies and

16  in other situations.

17         (c)  Medical evaluation related to abuse, neglect, or

18  exploitation as defined by department policy or rule.

19         (d)  Psychological and psychiatric diagnosis and

20  evaluation services for the disabled adult or elderly person.

21         (e)  Short-term psychological treatment.  It is the

22  intent of the Legislature that short-term psychological

23  treatment be limited to no more than 6 months' duration after

24  treatment is initiated.

25         (f)  Expert medical, psychological, and related

26  professional testimony in court cases.

27         (g)  Case staffings to develop, implement, and monitor

28  treatment plans for disabled adults and elderly persons whose

29  cases have been referred to the team.  An adult protection

30  team may provide consultation with respect to a disabled adult

31  or elderly person who has not been referred to the team.  The

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  1  consultation must be provided at the request of a

  2  representative of the adult protective services program or at

  3  the request of any other professional involved with the

  4  disabled adult or elderly person or that person's guardian or

  5  other caregivers.  In every such adult protection team case

  6  staffing consultation or staff activity involving a disabled

  7  adult or elderly person, an adult protective services program

  8  representative shall attend and participate.

  9         (h)  Service coordination and assistance, including the

10  location of services available from other public and private

11  agencies in the community.

12         (i)  Such training services for program and other

13  department employees as is deemed appropriate to enable them

14  to develop and maintain their professional skills and

15  abilities in handling adult abuse, neglect, or exploitation

16  cases.

17         (j)  Education and community awareness campaigns on

18  adult abuse, neglect, or exploitation in an effort to enable

19  citizens to prevent, identify, and treat adult abuse, neglect,

20  and exploitation in the community more successfully.

21         (2)  The adult abuse, neglect, or exploitation cases

22  that are appropriate for referral by the adult protective

23  services program to adult protection teams for supportive

24  services include, but are not limited to, cases involving:

25         (a)  Unexplained or implausibly explained bruises,

26  burns, fractures, or other injuries in a disabled adult or an

27  elderly person.

28         (b)  Sexual abuse or molestation, or sexual

29  exploitation, of a disabled adult or elderly person.

30         (c)  Reported medical, physical, or emotional neglect

31  of a disabled adult or an elderly person.

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  1         (d)  Reported financial exploitation of a disabled

  2  adult or elderly person.

  3

  4  In all instances in which an adult protection team is

  5  providing certain services to abused, neglected, or exploited

  6  vulnerable disabled adults or elderly persons, other offices

  7  and units of the department shall avoid duplicating the

  8  provisions of those services.

  9         Section 19.  Section 415.111, Florida Statutes, is

10  amended to read:

11         415.111  Criminal penalties.--

12         (1)  A person who knowingly and willfully fails to

13  report a case of known or suspected abuse, neglect, or

14  exploitation of a vulnerable disabled adult or an elderly

15  person, or who knowingly and willfully prevents another person

16  from doing so, commits a misdemeanor of the second degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         (2)  A person who knowingly and willfully makes public

19  or discloses any confidential information contained in the

20  central abuse hotline registry and tracking system, or in

21  other computer systems, or in the records of any case of

22  abuse, neglect, or exploitation of a vulnerable disabled adult

23  or elderly person, except as provided in ss. 415.101-415.113,

24  commits a misdemeanor of the second degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         (3)  A person who has custody of records and documents

27  the confidentiality of which is abrogated under s.

28  415.1045(3)(5) and who refuses to grant access to such records

29  commits a misdemeanor of the second degree, punishable as

30  provided in s. 775.082 or s. 775.083.

31

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  1         (4)  If the department or its authorized agent has

  2  determined after its investigation that a report is false, the

  3  department shall, with the consent of the alleged perpetrator,

  4  refer the reports to the local law enforcement agency having

  5  jurisdiction for an investigation to determine whether

  6  sufficient evidence exists to refer the case for prosecution

  7  for filing a false report as defined in s. 415.102. During the

  8  pendency of the investigation by the local law enforcement

  9  agency, the department must notify the local law enforcement

10  agency of, and the local law enforcement agency must respond

11  to, all subsequent reports concerning the same vulnerable

12  disabled adult or elderly person in accordance with s. 415.104

13  or s. 415.1045. If the law enforcement agency believes that

14  there are indicators of abuse, neglect, or exploitation, it

15  must immediately notify the department, which must assure the

16  safety of the vulnerable disabled adult or elderly person. If

17  the law enforcement agency finds sufficient evidence for

18  prosecution for filing a false report, it must refer the case

19  to the appropriate state attorney for prosecution.

20         (5)  A person who knowingly and willfully makes a false

21  report of abuse, neglect, or exploitation of a vulnerable

22  disabled adult or an elderly person, or a person who advises

23  another to make a false report, commits a felony of the third

24  degree, punishable as provided in s. 775.082 or s. 775.083.

25         (a)  The department shall establish procedures for

26  determining whether a false report of abuse, neglect, or

27  exploitation of a vulnerable disabled adult or an elderly

28  person has been made and for submitting all identifying

29  information relating to such a false report to the local law

30  enforcement agency as provided in this subsection and shall

31

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  1  report annually to the Legislature the number of reports

  2  referred.

  3         (b)  Anyone making a report who is acting in good faith

  4  is immune from any liability under this subsection.

  5         (6)  Each state attorney shall establish and publish

  6  procedures to facilitate the prosecution of persons under this

  7  section and shall report to the Legislature annually the

  8  number of complaints that have resulted in the filing of an

  9  information or indictment under this section.

10         Section 20.  Section 415.1111, Florida Statutes, is

11  amended to read:

12         415.1111  Civil penalties.--

13         (1)  A person who is named as a perpetrator in a

14  confirmed report of abuse, neglect, or exploitation of a

15  disabled adult or an elderly person is subject to civil

16  penalties as follows:

17         (a)  For the first offense, a penalty of $250.

18         (b)  For the second offense, a penalty of $500.

19         (c)  For the third and subsequent offenses, a penalty

20  of $1,000 per occurrence.

21

22  Second and subsequent offenses may be for the same type of

23  abuse, neglect, or exploitation or for a different type, and

24  may be perpetrated upon the same or a different disabled adult

25  or elderly person.

26         (2)  All fines received by the department under this

27  section must be deposited in the Operations and Maintenance

28  Trust Fund within the department.  The Legislature shall

29  annually appropriate from the fund an amount that is no less

30  than the amount deposited under this section, to be expended

31  only for the adult protective services program.

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  1         (1)(3)  A vulnerable adult who has been abused,

  2  neglected, or exploited disabled adult or an elderly person

  3  who has been named as a victim in a confirmed report of abuse,

  4  neglect, or exploitation as specified in this chapter part has

  5  a cause of action against any perpetrator named in the

  6  confirmed report and may recover actual and punitive damages

  7  for such abuse, neglect, or exploitation.  The action may be

  8  brought by the vulnerable disabled adult or elderly person, or

  9  that person's guardian, by a person or organization acting on

10  behalf of the vulnerable disabled adult or elderly person with

11  the consent of that person or that person's guardian, or by

12  the personal representative of the estate of a deceased victim

13  disabled adult or elderly person without regard to whether the

14  cause of death resulted from the abuse, neglect, or

15  exploitation. The action may be brought in any court of

16  competent jurisdiction to enforce such action and to recover

17  actual and punitive damages for any deprivation of or

18  infringement on the rights of a vulnerable disabled adult or

19  an elderly person.  A party who prevails in any such action

20  may be entitled to recover reasonable attorney's fees, costs

21  of the action, and damages.  The remedies provided in this

22  section are in addition to and cumulative with other legal and

23  administrative remedies available to a vulnerable disabled

24  adult or an elderly person.

25         Section 21.  Subsections (1), (2), and (5) of section

26  415.1113, Florida Statutes, are amended to read:

27         415.1113  Administrative fines for false report of

28  abuse, neglect, or exploitation of a vulnerable disabled adult

29  or an elderly person.--

30         (1)  In addition to any other penalty authorized by

31  this section, chapter 120, or other law, the department may

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  1  impose a fine, not to exceed $10,000 for each violation, upon

  2  a person who knowingly and willfully makes a false report of

  3  abuse, neglect, or exploitation of a vulnerable disabled adult

  4  or an elderly person, or a person who counsels another to make

  5  a false report.

  6         (2)  If the department alleges that a person has

  7  knowingly and willfully filed a false report with the central

  8  abuse hotline registry and tracking system, the department

  9  must file a notice of intent that alleges the name, age, and

10  address of the individual; the facts constituting the

11  allegation that the individual made a false report; and the

12  administrative fine that the department proposes to impose on

13  the person.  Each time that a false report is made constitutes

14  a separate violation.

15         (5)  At the hearing, the department must prove by clear

16  and convincing evidence that the person knowingly and

17  willfully filed a false report with the central abuse hotline

18  registry and tracking system. The person has the right to be

19  represented by legal counsel at the hearing.

20         Section 22.  Section 415.113, Florida Statutes, is

21  amended to read:

22         415.113  Statutory construction; treatment by spiritual

23  means.--Nothing in ss. 415.101-415.112 shall be construed to

24  mean a person is abused, neglected, or in need of emergency or

25  protective services for the sole reason that the person relies

26  upon and is, therefore, being furnished treatment by spiritual

27  means through prayer alone in accordance with the tenets and

28  practices of a well-recognized recognized church or religious

29  denomination or organization; nor shall anything in such

30  sections be construed to authorize, permit, or require any

31

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  1  medical care or treatment in contravention of the stated or

  2  implied objection of such person. Such construction does not:

  3         (1)  Eliminate the requirement that such a case be

  4  reported to the department;

  5         (2)  Prevent the department from investigating such a

  6  case; or

  7         (3)  Preclude a court from ordering, when the health of

  8  the individual requires it, the provision of medical services

  9  by a licensed physician or treatment by a duly accredited

10  practitioner who relies solely on spiritual means for healing

11  in accordance with the tenets and practices of a

12  well-recognized church or religious denomination or

13  organization.

14         Section 23.  Sections 435.01, 435.02, 435.03, 435.04,

15  435.045, 435.05, 435.06, 435.07, 435.08, 435.09, 435.10, and

16  435.11, Florida Statutes, are designated as part I of chapter

17  435, Florida Statutes.

18         Section 24.  Paragraph (a) of subsection (2) and

19  paragraph (a) of subsection (3) of section 435.03, Florida

20  Statutes, are amended to read:

21         435.03  Level 1 screening standards.--

22         (2)  Any person for whom employment screening is

23  required by statute must not have been found guilty of,

24  regardless of adjudication, or entered a plea of nolo

25  contendere or guilty to, any offense prohibited under any of

26  the following provisions of the Florida Statutes or under any

27  similar statute of another jurisdiction:

28         (a)  Section 415.111, relating to adult abuse, neglect,

29  or exploitation of a vulnerable adult aged persons or disabled

30  adults.

31         (3)  Standards must also ensure that the person:

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  1         (a)  For employees and employers licensed or registered

  2  pursuant to chapter 400, and for employees and employers of

  3  developmental services institutions as defined in s. 393.063,

  4  intermediate care facilities for the developmentally disabled

  5  as defined in s. 393.063, and mental health treatment

  6  facilities as defined in s. 394.455, meets the requirements of

  7  part II does not have a confirmed report of abuse, neglect, or

  8  exploitation as defined in s. 415.102(5), which has been

  9  uncontested or upheld under s. 415.103.

10         Section 25.  Paragraphs (b) and (c) of subsection (1)

11  and subsection (2) of section 435.05, Florida Statutes, are

12  amended to read:

13         435.05  Requirements for covered employees.--Except as

14  otherwise provided by law, the following requirements shall

15  apply to covered employees:

16         (1)

17         (b)  For level 1 screening, the employer must submit

18  the information necessary for screening to the Florida

19  Department of Law Enforcement within 5 working days after

20  receiving it. The Florida Department of Law Enforcement will

21  conduct a search of its When required, the employer must at

22  the same time submit sufficient information to the Department

23  of Children and Family Services to complete a check of its

24  records relating to the abuse, neglect, and exploitation of

25  vulnerable adults.  The Florida Department of Law Enforcement

26  and the Department of Children and Family Services will

27  conduct searches of their records and will respond to the

28  employer agency.  The employer will inform the employee

29  whether screening has revealed any disqualifying information.

30         (c)  For level 2 screening, the employer or licensing

31  agency must submit the information necessary for screening to

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  1  the Florida Department of Law Enforcement within 5 working

  2  days after receiving it.  When required, the employer or

  3  licensing agency must also submit sufficient information to

  4  the Department of Children and Family Services to complete a

  5  check of its records. The Florida Department of Law

  6  Enforcement will conduct a search of its criminal and juvenile

  7  records and will request that the Federal Bureau of

  8  Investigation conduct a search of its records for each

  9  employee for whom the request is made.  The Florida Department

10  of Law Enforcement and the Department of Children and Family

11  Services will respond to the employer or licensing agency, and

12  the employer or licensing agency will inform the employee

13  whether screening has revealed disqualifying information.

14         (2)  Unless otherwise prohibited by state or federal

15  law, new employees may be placed on probationary status

16  pending a determination of compliance with minimum standards

17  set forth in this part chapter.

18         Section 26.  Subsection (1) of section 435.07, Florida

19  Statutes, is amended to read:

20         435.07  Exemptions from disqualification.--Unless

21  otherwise provided by law, the provisions of this section

22  shall apply to exemptions from disqualification.

23         (1)  The appropriate licensing agency may grant to any

24  employee otherwise disqualified from employment an exemption

25  from disqualification for:

26         (a)  Felonies committed more than 3 years prior to the

27  date of disqualification;

28         (b)  Misdemeanors prohibited under any of the Florida

29  Statutes cited in this chapter or under similar statutes of

30  other jurisdictions;

31

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  1         (c)  Offenses that were felonies when committed but are

  2  now misdemeanors;

  3         (d)  Findings of delinquency; or

  4         (e)  Commissions of acts of domestic violence as

  5  defined in s. 741.30.; or

  6         (f)  Confirmed reports of abuse, neglect, or

  7  exploitation of a vulnerable adult.

  8

  9  For the purposes of this subsection, the term "felonies" means

10  both felonies prohibited under any of the Florida Statutes

11  cited in this part chapter or under similar statutes of other

12  jurisdictions.

13         Section 27.  Section 435.08, Florida Statutes, is

14  amended to read:

15         435.08  Payment for processing of fingerprints and,

16  state criminal records checks, and abuse hotline

17  checks.--Either the employer or the employee is responsible

18  for paying the costs of screening.  Payment shall be submitted

19  to the Florida Department of Law Enforcement with the request

20  for screening. When a search of the central abuse hotline is

21  required, payment shall be submitted by separate check to the

22  Department of Children and Family Services with the request

23  for screening.

24         Section 28.  Section 435.09, Florida Statutes, is

25  amended to read:

26         435.09  Confidentiality of personnel background check

27  information.--No criminal or, juvenile, or abuse hotline

28  information obtained under this section may be used for any

29  purpose other than determining whether persons meet the

30  minimum standards for employment or for an owner or director

31  of a covered service provider.  The criminal records and

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  1  juvenile records obtained by the department or by an employer

  2  are exempt from s. 119.07(1).

  3         Section 29.  Sections 435.401, 435.402, 435.403, and

  4  435.405, Florida Statutes, are designated as part II of

  5  chapter 435, Florida Statutes.

  6         Section 30.  Effective January 1, 2001, section

  7  435.401, Florida Statutes, is created to read:

  8         435.401  Caregivers of vulnerable adults; special

  9  employment, contractual, or referral work history checks;

10  definitions.--For purposes of this part:

11         (1)  "Agency" means the Agency for Health Care

12  Administration.

13         (2)  "Covered organization" means any residential

14  facility or agency licensed pursuant to chapter 400 by the

15  agency where health, nutritional, or personal care is provided

16  or arranged for vulnerable adults, including nursing homes,

17  assisted living facilities, adult day care facilities, adult

18  family-care homes, hospices, home health care agencies, nurse

19  registries, and intermediate care facilities for

20  developmentally disabled persons. Covered organization shall

21  also mean developmental services institutions and mental

22  health institutions. Covered organization includes any

23  temporary agency as defined in this section.

24         (3)  "Direct access employee or contractor" means a

25  caregiver hired by or contracted with a covered organization

26  after January 1, 2001, whose primary job duties require direct

27  access or contact with persons receiving care, access to the

28  living areas of such persons, or access to the funds or

29  property of such persons. The term does not include caregivers

30  whose primary job duties do not include or require direct

31  access or contact with persons receiving care, but whose

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  1  duties may result in occasional contact with such persons. Not

  2  included are maintenance personnel, office or clerical

  3  workers, and nonlicensed personnel whose essential functions

  4  do not include the care of or direct access to persons

  5  receiving care.

  6         (4)  "Service letter" means the employment or work

  7  history form provided to covered organizations by the agency.

  8         (5)  "Temporary agency" means an agency responsible for

  9  providing temporary employees or contractors to covered

10  organizations, including health care service pools as defined

11  in s. 400.980.

12         Section 31.  Effective January 1, 2001, section

13  435.402, Florida Statutes, is created to read:

14         435.402  Service letters; requirements; penalties.--

15         (1)  No covered organization shall hire, contract with,

16  or register for referral any person seeking employment or

17  engagements that require direct access to patients or clients

18  without obtaining service letters regarding that person from

19  at least two covered organizations the person has been

20  employed by, contracted with, or registered with during the

21  past 3 years. If the applicant has been employed by,

22  contracted with, or registered with fewer than two covered

23  organizations during the past 3 years, then all covered

24  organizations must be contacted. If the person seeking

25  employment has not been previously employed by, contracted

26  with, or registered with a covered organization within the

27  past 3 years or was self-employed, then the prospective

28  covered organization must require the person to provide

29  letters of reference from at least two adults who are familiar

30  with the person, but who are not relatives of the person.

31  Nothing in this subsection shall prohibit or discourage

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  1  prospective covered organizations from performing more work

  2  history checks than are required in this subsection.

  3         (2)  The required service letter shall be a form

  4  provided by the agency. The form shall be signed by the

  5  current or previous covered organizations, as requested, and

  6  shall contain information about the type of work performed by

  7  the person who has been employed by, contracted with, or

  8  registered with the covered organization, the duration of the

  9  employment, contract, or registration period, the nature of

10  the person's separation from the covered organization, and any

11  substantiated incidents toward any other person involving

12  violence, threat of violence, abuse, neglect, exploitation, or

13  misappropriation of property by the person, including any

14  disciplinary action taken as a result of such conduct and the

15  date of such action. Covered organizations that contract with

16  caregivers or register caregivers for referral, when receiving

17  a service letter from another covered organization, shall

18  report on the return service letter any substantiated

19  incidents toward any other person involving violence, threat

20  of violence, abuse, neglect, exploitation, or misappropriation

21  of property by the person which resulted in the termination of

22  the person's contract or removal of the person from the

23  referral registry.

24         (3)  Any covered organization that is required to

25  obtain service letters shall obtain a statement signed by the

26  applicant authorizing a full release to the covered

27  organization of any and all information pertaining to the

28  facts of the applicant's current or previous work history.

29         (4)(a)  Any covered organization, including a temporary

30  agency, that is required to obtain a service letter shall

31  obtain a statement signed by the applicant attesting that the

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  1  information given in the application represents a full and

  2  complete disclosure of the applicant's current and previous

  3  work history, and that all information contained in the

  4  application is true and complete to the best of the knowledge

  5  and belief of the applicant. In addition, the application

  6  shall contain a written acknowledgment by the applicant that

  7  he or she understands that failure to provide a full and

  8  complete disclosure of all information required under this

  9  section is a violation of this section and that such failure

10  may result in first or second degree misdemeanor charges, or

11  termination of employment, contract, or registration for

12  referral. Full and complete disclosure by an applicant

13  includes listing all current and previous covered

14  organizations, as defined in s. 435.401, for the previous 3

15  years. An applicant who has worked for one or more temporary

16  agencies during the previous 3 years shall list on the

17  application all such temporary agencies.

18         (b)  Any covered organization that does not obtain the

19  applicant's signed attestation for a person hired, contracted

20  with, or registered for referral after January 1, 2001, may be

21  issued a notice of noncompliance. A violation that is not

22  corrected within the specified timeframe or is a repeat

23  violation becomes a finable violation. The covered

24  organization is subject to an administrative penalty of $500

25  for the first finable violation, $1,000 for the second finable

26  violation, and $2,500 for the third and any subsequent finable

27  violation.

28         (5)  Any covered organization, including a temporary

29  agency, that receives a written request for a service letter

30  from any other covered organization, as required by this

31  section, shall complete and send that service letter to the

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  1  requesting covered organization within 10 business days after

  2  the date the request is received. Any written response,

  3  including a response by regular mail, facsimile, electronic

  4  transmission, or other clearly documented delivery, which

  5  provides the information required by this section on the form

  6  provided by the agency shall constitute compliance with this

  7  subsection. Any covered organization that does not provide

  8  such service letters for a person seeking employment may be

  9  issued a notice of noncompliance. A violation that is not

10  corrected within the specified timeframe or is a repeat

11  violation becomes a finable violation. The covered

12  organization is subject to an administrative penalty of $500

13  for the first finable violation, $1,000 for the second finable

14  violation, and $2,500 for the third and any subsequent finable

15  violation.

16         (6)  Notwithstanding the provisions of subsection (1),

17  the covered organization may conditionally employ, contract

18  with, or register for referral an applicant for up to 30 days

19  on a conditional basis, pending receipt of the required

20  service letters. An applicant conditionally employed,

21  contracted with, or registered for referral pursuant to this

22  subsection shall be informed, in writing, and shall

23  acknowledge, in writing, that his or her continued employment,

24  contract, or registration is contingent upon receipt of the

25  required service letters. A covered organization may allow a

26  person to continue working after the 30 days on a conditional

27  basis without the required service letters if the covered

28  organization has demonstrated a good faith attempt to obtain

29  the service letters, as evidenced by requesting the necessary

30  service letters prior to the applicant's first day of work, by

31  regular mail, facsimile, electronic transmission, or other

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  1  clearly documented delivery, and at least two documented

  2  attempts to contact the covered organizations from which the

  3  information was requested when the service letters were not

  4  returned within 10 business days. Any covered organization

  5  that has not demonstrated such good faith effort may be issued

  6  a notice of noncompliance. A violation that is not corrected

  7  within the specified timeframe or is a repeat violation

  8  becomes a finable violation. The covered organization is

  9  subject to an administrative penalty of $500 for the first

10  finable violation, $1,000 for the second finable violation,

11  and $2,500 for the third and any subsequent finable violation.

12         (7)  A covered organization shall make a good faith

13  attempt to locate an applicant's previous covered

14  organizations as identified in the application and to obtain

15  the service letters from each current or previous covered

16  organization. The burden of proof shall rest with the covered

17  organization to demonstrate a good faith attempt to comply

18  with this section, as evidenced by requesting the necessary

19  service letters prior to the applicant's first day of work, by

20  regular mail, facsimile, electronic transmission, or other

21  clearly documented delivery, and at least two documented

22  attempts to contact the covered organizations from which the

23  information was requested when the service letters were not

24  returned within 10 business days. Any covered organization

25  that does not obtain the required service letters for a person

26  seeking employment may be issued a notice of noncompliance. A

27  violation that is not corrected within the specified timeframe

28  or is a repeat violation becomes a finable violation. The

29  covered organization is subject to an administrative penalty

30  of $500 for the first finable violation, $1,000 for the second

31

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  1  finable violation, and $2,500 for the third and any subsequent

  2  finable violation.

  3         (8)  Any covered organization that knowingly and with

  4  intent to deceive provides information that is a materially

  5  inaccurate or incomplete disclosure of past work history

  6  information on a service letter is subject to an

  7  administrative penalty of $500 for the first violation, $1,000

  8  for the second violation, and $2,500 for the third and any

  9  subsequent violation.

10         (9)  Any person who knowingly and with intent to

11  deceive provides information that is a materially inaccurate

12  or incomplete disclosure of past work history information on

13  an application in violation of the requirements of subsection

14  (4) may be terminated from employment, contract, or

15  registration for referral, and commits a misdemeanor of the

16  second degree, punishable as provided in s. 775.082 or s.

17  775.083. Any person who commits a second or subsequent

18  violation commits a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         (10) Any covered organization, or any person authorized

21  to act on behalf of the covered organization, that discloses

22  information to a covered organization as required by

23  subsection (5) is presumed to be acting in good faith, and,

24  unless lack of good faith is shown, is immune from civil

25  liability under this part and pursuant to s. 768.095 for such

26  disclosure and its consequences and may not be made the

27  subject of any legal action for libel, slander, or defamation

28  by an applicant's current or former covered organization. For

29  purposes of this section, the presumption of good faith may be

30  rebutted upon a showing that the information disclosed by such

31

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  1  covered organization was knowingly false, was deliberately

  2  misleading, or was rendered with malicious purpose.

  3         (11)  Any information received from an applicant's

  4  current or previous covered organization by the applicant's

  5  prospective covered organization, pursuant to this section,

  6  which could in any way identify the current or previous

  7  covered organization that provided the information shall be

  8  protected from discovery in any legal or administrative

  9  proceedings. The applicant who is the subject of the

10  information provided by his or her current or previous covered

11  organization shall have a right to obtain such information

12  from the current or previous covered organization that

13  provided the information to the prospective covered

14  organization.

15         (12)  The agency shall be the only party with authority

16  to impose and seek enforcement of an administrative penalty

17  under this part.

18         (13)  The background screening database operated by the

19  agency pursuant to s. 400.215 shall be accessible to all

20  covered organizations. The agency shall maintain in the

21  database, for all health care professionals licensed or

22  certified by the Department of Health, the current status of

23  any disciplinary action taken by the Department of Health or

24  by any professional board against an applicant or employee, in

25  addition to any criminal history information about an

26  applicant or employee.

27         Section 32.  Effective January 1, 2001, section

28  435.403, Florida Statutes, is created to read:

29         435.403  Enforcement; penalties.--

30         (1)  The agency shall monitor covered organizations for

31  compliance with the provisions of s. 435.402. Such monitoring

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  1  shall be carried out through routine inspections and surveys

  2  or other regulatory activities and through investigations of

  3  complaints reported by any person to the agency alleging

  4  noncompliance with the provisions of s. 435.402.

  5         (2)  Funds collected through payment of administrative

  6  penalties to the agency shall be deposited in the Health Care

  7  Trust Fund to support enforcement of the requirements of this

  8  part and the improvement of quality of care for vulnerable

  9  adults who are residents or clients of covered organizations.

10         Section 33.  Effective January 1, 2001, section

11  435.405, Florida Statutes, is created to read:

12         435.405  Rules.--The agency shall adopt rules to

13  implement the provisions of this part. The rules shall include

14  the forms for service letters, provisions for accepting the

15  service letter forms by facsimile or electronic transmission

16  in addition to printed form, standards for documentation of a

17  good faith effort to perform the actions required under this

18  part, and standards for monitoring the compliance of covered

19  organizations.

20         Section 34.  Paragraph (g) of subsection (3) of section

21  20.43, Florida Statutes, is amended to read:

22         20.43  Department of Health.--There is created a

23  Department of Health.

24         (3)  The following divisions of the Department of

25  Health are established:

26         (g)  Division of Medical Quality Assurance, which is

27  responsible for the following boards and professions

28  established within the division:

29         1.  Nursing assistants, as provided under s. 400.211.

30         2.  Health care services pools, as provided under s.

31  402.48.

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  1         2.3.  The Board of Acupuncture, created under chapter

  2  457.

  3         3.4.  The Board of Medicine, created under chapter 458.

  4         4.5.  The Board of Osteopathic Medicine, created under

  5  chapter 459.

  6         5.6.  The Board of Chiropractic Medicine, created under

  7  chapter 460.

  8         6.7.  The Board of Podiatric Medicine, created under

  9  chapter 461.

10         7.8.  Naturopathy, as provided under chapter 462.

11         8.9.  The Board of Optometry, created under chapter

12  463.

13         9.10.  The Board of Nursing, created under chapter 464.

14         10.11.  The Board of Pharmacy, created under chapter

15  465.

16         11.12.  The Board of Dentistry, created under chapter

17  466.

18         12.13.  Midwifery, as provided under chapter 467.

19         13.14.  The Board of Speech-Language Pathology and

20  Audiology, created under part I of chapter 468.

21         14.15.  The Board of Nursing Home Administrators,

22  created under part II of chapter 468.

23         15.16.  The Board of Occupational Therapy, created

24  under part III of chapter 468.

25         16.17.  Respiratory therapy, as provided under part V

26  of chapter 468.

27         17.18.  Dietetics and nutrition practice, as provided

28  under part X of chapter 468.

29         18.19.  The Board of Athletic Training, created under

30  part XIII of chapter 468.

31

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  1         19.20.  The Board of Orthotists and Prosthetists,

  2  created under part XIV of chapter 468.

  3         20.21.  Electrolysis, as provided under chapter 478.

  4         21.22.  The Board of Massage Therapy, created under

  5  chapter 480.

  6         22.23.  The Board of Clinical Laboratory Personnel,

  7  created under part III of chapter 483.

  8         23.24.  Medical physicists, as provided under part IV

  9  of chapter 483.

10         24.25.  The Board of Opticianry, created under part I

11  of chapter 484.

12         25.26.  The Board of Hearing Aid Specialists, created

13  under part II of chapter 484.

14         26.27.  The Board of Physical Therapy Practice, created

15  under chapter 486.

16         27.28.  The Board of Psychology, created under chapter

17  490.

18         28.29.  School psychologists, as provided under chapter

19  490.

20         29.30.  The Board of Clinical Social Work, Marriage and

21  Family Therapy, and Mental Health Counseling, created under

22  chapter 491.

23

24  The department may contract with the Agency for Health Care

25  Administration who shall provide consumer complaint,

26  investigative, and prosecutorial services required by the

27  Division of Medical Quality Assurance, councils, or boards, as

28  appropriate.

29         Section 35.  Paragraph (h) of subsection (2) of section

30  39.202, Florida Statutes, is amended to read:

31

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  1         39.202  Confidentiality of reports and records in cases

  2  of child abuse or neglect.--

  3         (2)  Access to such records, excluding the name of the

  4  reporter which shall be released only as provided in

  5  subsection (4), shall be granted only to the following

  6  persons, officials, and agencies:

  7         (h)  Any appropriate official of the department

  8  responsible for:

  9         1.  Administration or supervision of the department's

10  program for the prevention, investigation, or treatment of

11  child abuse, abandonment, or neglect, or abuse, neglect, or

12  exploitation of a vulnerable disabled adult or elderly person,

13  when carrying out his or her official function;

14         2.  Taking appropriate administrative action concerning

15  an employee of the department alleged to have perpetrated

16  child abuse, abandonment, or neglect, or abuse, neglect, or

17  exploitation of a vulnerable disabled adult or elderly person;

18  or

19         3.  Employing and continuing employment of personnel of

20  the department.

21         Section 36.  Subsection (24) of section 90.803, Florida

22  Statutes, is amended to read:

23         90.803  Hearsay exceptions; availability of declarant

24  immaterial.--The provision of s. 90.802 to the contrary

25  notwithstanding, the following are not inadmissible as

26  evidence, even though the declarant is available as a witness:

27         (24)  HEARSAY EXCEPTION; STATEMENT OF VULNERABLE

28  ELDERLY PERSON OR DISABLED ADULT.--

29         (a)  Unless the source of information or the method or

30  circumstances by which the statement is reported indicates a

31  lack of trustworthiness, an out-of-court statement made by a

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  1  vulnerable an elderly person or disabled adult, as defined in

  2  s. 825.101, describing any act of abuse or neglect, any act of

  3  exploitation, the offense of battery or aggravated battery or

  4  assault or aggravated assault or sexual battery, or any other

  5  violent act on the declarant vulnerable elderly person or

  6  disabled adult, not otherwise admissible, is admissible in

  7  evidence in any civil or criminal proceeding if:

  8         1.  The court finds in a hearing conducted outside the

  9  presence of the jury that the time, content, and circumstances

10  of the statement provide sufficient safeguards of reliability.

11  In making its determination, the court may consider the mental

12  and physical age and maturity of the vulnerable elderly person

13  or disabled adult, the nature and duration of the abuse or

14  offense, the relationship of the victim to the offender, the

15  reliability of the assertion, the reliability of the

16  vulnerable elderly person or disabled adult, and any other

17  factor deemed appropriate; and

18         2.  The vulnerable elderly person or disabled adult

19  either:

20         a.  Testifies; or

21         b.  Is unavailable as a witness, provided that there is

22  corroborative evidence of the abuse or offense. Unavailability

23  shall include a finding by the court that the vulnerable

24  elderly person's or disabled adult's participation in the

25  trial or proceeding would result in a substantial likelihood

26  of severe emotional, mental, or physical harm, in addition to

27  findings pursuant to s. 90.804(1).

28         (b)  In a criminal action, the defendant shall be

29  notified no later than 10 days before the trial that a

30  statement which qualifies as a hearsay exception pursuant to

31  this subsection will be offered as evidence at trial. The

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  1  notice shall include a written statement of the content of the

  2  vulnerable elderly person's or disabled adult's statement, the

  3  time at which the statement was made, the circumstances

  4  surrounding the statement which indicate its reliability, and

  5  such other particulars as necessary to provide full disclosure

  6  of the statement.

  7         (c)  The court shall make specific findings of fact, on

  8  the record, as to the basis for its ruling under this

  9  subsection.

10         Section 37.  Paragraphs (a) and (b) of subsection (3)

11  of section 110.1127, Florida Statutes, are amended to read:

12         110.1127  Employee security checks.--

13         (3)(a)  All positions in programs providing care to

14  children, the developmentally disabled, or vulnerable adults

15  disabled adults, or elderly persons for 15 hours or more per

16  week; all permanent and temporary employee positions of the

17  central abuse hotline; and all persons working under contract

18  who have access to abuse records are deemed to be persons and

19  positions of special trust or responsibility, and require

20  employment screening pursuant to chapter 435, using the level

21  2 standards set forth in that chapter.

22         (b)  The employing agency may grant exemptions from

23  disqualification from working with children, the

24  developmentally disabled, or vulnerable adults disabled

25  adults, or elderly persons as provided in s. 435.07.

26         Section 38.  Paragraph (a) of subsection (12) of

27  section 112.0455, Florida Statutes, is amended to read:

28         112.0455  Drug-Free Workplace Act.--

29         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

30         (a)  A laboratory may analyze initial or confirmation

31  drug specimens only if:

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  1         1.  The laboratory is licensed and approved by the

  2  Agency for Health Care Administration using criteria

  3  established by the United States Department of Health and

  4  Human Services as general guidelines for modeling the state

  5  drug testing program. Each applicant for licensure must comply

  6  with the following requirements:

  7         a.  Upon receipt of a completed, signed, and dated

  8  application, the agency shall require background screening, in

  9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee, or other similarly

11  titled individual responsible for the daily operation of the

12  laboratory, and of the financial officer, or other similarly

13  titled individual who is responsible for the financial

14  operation of the laboratory, including billings for services.

15  The applicant must comply with the procedures for level 2

16  background screening as set forth in chapter 435, as well as

17  the requirements of s. 435.03(3).

18         b.  The agency may require background screening of any

19  other individual who is an applicant if the agency has

20  probable cause to believe that he or she has been convicted of

21  an offense prohibited under the level 2 standards for

22  screening set forth in chapter 435.

23         c.  Proof of compliance with the level 2 background

24  screening requirements of chapter 435 which has been submitted

25  within the previous 5 years in compliance with any other

26  health care licensure requirements of this state is acceptable

27  in fulfillment of screening requirements.

28         d.  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  abuse registry background check and the Department of Law

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  1  Enforcement background check, but the agency has not yet

  2  received background screening results from the Federal Bureau

  3  of Investigation, or a request for a disqualification

  4  exemption has been submitted to the agency as set forth in

  5  chapter 435, but a response has not yet been issued. A license

  6  may be granted to the applicant upon the agency's receipt of a

  7  report of the results of the Federal Bureau of Investigation

  8  background screening for each individual required by this

  9  section to undergo background screening which confirms that

10  all standards have been met, or upon the granting of a

11  disqualification exemption by the agency as set forth in

12  chapter 435. Any other person who is required to undergo level

13  2 background screening may serve in his or her capacity

14  pending the agency's receipt of the report from the Federal

15  Bureau of Investigation. However, the person may not continue

16  to serve if the report indicates any violation of background

17  screening standards and a disqualification exemption has not

18  been requested of and granted by the agency as set forth in

19  chapter 435.

20         e.  Each applicant must submit to the agency, with its

21  application, a description and explanation of any exclusions,

22  permanent suspensions, or terminations of the applicant from

23  the Medicare or Medicaid programs. Proof of compliance with

24  the requirements for disclosure of ownership and control

25  interests under the Medicaid or Medicare programs shall be

26  accepted in lieu of this submission.

27         f.  Each applicant must submit to the agency a

28  description and explanation of any conviction of an offense

29  prohibited under the level 2 standards of chapter 435 by a

30  member of the board of directors of the applicant, its

31  officers, or any individual owning 5 percent or more of the

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  1  applicant. This requirement does not apply to a director of a

  2  not-for-profit corporation or organization if the director

  3  serves solely in a voluntary capacity for the corporation or

  4  organization, does not regularly take part in the day-to-day

  5  operational decisions of the corporation or organization,

  6  receives no remuneration for his or her services on the

  7  corporation or organization's board of directors, and has no

  8  financial interest and has no family members with a financial

  9  interest in the corporation or organization, provided that the

10  director and the not-for-profit corporation or organization

11  include in the application a statement affirming that the

12  director's relationship to the corporation satisfies the

13  requirements of this sub-subparagraph.

14         g.  A license may not be granted to any applicant if

15  the applicant or managing employee has been found guilty of,

16  regardless of adjudication, or has entered a plea of nolo

17  contendere or guilty to, any offense prohibited under the

18  level 2 standards for screening set forth in chapter 435,

19  unless an exemption from disqualification has been granted by

20  the agency as set forth in chapter 435.

21         h.  The agency may deny or revoke licensure if the

22  applicant:

23         (I)  Has falsely represented a material fact in the

24  application required by sub-subparagraph e. or

25  sub-subparagraph f., or has omitted any material fact from the

26  application required by sub-subparagraph e. or

27  sub-subparagraph f.; or

28         (II)  Has had prior action taken against the applicant

29  under the Medicaid or Medicare program as set forth in

30  sub-subparagraph e.

31

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  1         i.  An application for license renewal must contain the

  2  information required under sub-subparagraphs e. and f.

  3         2.  The laboratory has written procedures to ensure

  4  chain of custody.

  5         3.  The laboratory follows proper quality control

  6  procedures, including, but not limited to:

  7         a.  The use of internal quality controls including the

  8  use of samples of known concentrations which are used to check

  9  the performance and calibration of testing equipment, and

10  periodic use of blind samples for overall accuracy.

11         b.  An internal review and certification process for

12  drug test results, conducted by a person qualified to perform

13  that function in the testing laboratory.

14         c.  Security measures implemented by the testing

15  laboratory to preclude adulteration of specimens and drug test

16  results.

17         d.  Other necessary and proper actions taken to ensure

18  reliable and accurate drug test results.

19         Section 39.  Paragraphs (a), (b), and (c) of subsection

20  (7) of section 119.07, Florida Statutes, are amended to read:

21         119.07  Inspection, examination, and duplication of

22  records; exemptions.--

23         (7)(a)  Any person or organization, including the

24  Department of Children and Family Services, may petition the

25  court for an order making public the records of the Department

26  of Children and Family Services that pertain to investigations

27  of alleged abuse, neglect, abandonment, or exploitation of a

28  child or a vulnerable, a disabled adult, or an elderly person.

29  The court shall determine if good cause exists for public

30  access to the records sought or a portion thereof. In making

31  this determination, the court shall balance the best interest

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  1  of the vulnerable disabled adult, elderly person, or child who

  2  is the focus of the investigation, and in the case of the

  3  child, the interest of that child's siblings, together with

  4  the privacy right of other persons identified in the reports

  5  against the public interest. The public interest in access to

  6  such records is reflected in s. 119.01(1), and includes the

  7  need for citizens to know of and adequately evaluate the

  8  actions of the Department of Children and Family Services and

  9  the court system in providing vulnerable disabled adults,

10  elderly persons, and children of this state with the

11  protections enumerated in ss. 39.001 and 415.101.  However,

12  this subsection does not contravene ss. 39.202 and 415.107,

13  which protect the name of any person reporting the abuse,

14  neglect, or exploitation of a child or a vulnerable, a

15  disabled adult, or an elderly person.

16         (b)  In cases involving serious bodily injury to a

17  child or a vulnerable, a disabled adult or an elderly person,

18  the Department of Children and Family Services may petition

19  the court for an order for the immediate public release of

20  records of the department which pertain to the protective

21  investigation of abuse, neglect, abandonment, or exploitation

22  of the child, disabled adult, or elderly person who suffered

23  serious bodily injury. The petition must be personally served

24  upon the child or vulnerable, disabled adult, or elderly

25  person, the child's parents or guardian, the legal guardian of

26  that person, if any, and any person named as an alleged

27  perpetrator in the report of abuse, neglect, abandonment, or

28  exploitation. The court must determine if good cause exists

29  for the public release of the records sought no later than 24

30  hours, excluding Saturdays, Sundays, and legal holidays, after

31  the date the department filed the petition with the court. If

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  1  the court has neither granted nor denied the petition within

  2  the 24-hour time period, the department may release to the

  3  public summary information including:

  4         1.  A confirmation that an investigation has been

  5  conducted concerning the alleged victim.

  6         2.  The dates and brief description of procedural

  7  activities undertaken during the department's investigation.

  8         3.  The date of each judicial proceeding, a summary of

  9  each participant's recommendations made at the judicial

10  proceedings, and the rulings of the court.

11

12  The summary information may not include the name of, or other

13  identifying information with respect to, any person identified

14  in any investigation. In making a determination to release

15  confidential information, the court shall balance the best

16  interests of the vulnerable disabled adult or elderly person

17  or child who is the focus of the investigation and, in the

18  case of the child, the interests of that child's siblings,

19  together with the privacy rights of other persons identified

20  in the reports against the public interest for access to

21  public records. However, this paragraph does not contravene

22  ss. 39.202 and 415.107, which protect the name of any person

23  reporting abuse, neglect, or exploitation of a child or a

24  vulnerable, a disabled adult, or an elderly person.

25         (c)  When the court determines that good cause for

26  public access exists, the court shall direct that the

27  department redact the name of and other identifying

28  information with respect to any person identified in any

29  protective investigation report unfounded report or proposed

30  confirmed report or report closed without classification, or

31  in any report that has not yet been classified pursuant to s.

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  1  415.1045(7), until such time as the court finds that there is

  2  probable cause to believe that the person identified committed

  3  an act of alleged abuse, neglect, or abandonment.

  4         Section 40.  Subsection (1) of section 232.50, Florida

  5  Statutes, is amended to read:

  6         232.50  Child abuse, abandonment, and neglect

  7  policy.--Every school board shall by March 1, 1985:

  8         (1)  Post in a prominent place in each school a notice

  9  that, pursuant to chapter 39, all employees or agents of the

10  district school board have an affirmative duty to report all

11  actual or suspected cases of child abuse, abandonment, or

12  neglect, have immunity from liability if they report such

13  cases in good faith, and have a duty to comply with child

14  protective investigations and all other provisions of law

15  relating to child abuse, abandonment, and neglect.  The notice

16  shall also include the statewide toll-free telephone number of

17  the central state abuse hotline registry.

18         Section 41.  Subsection (4) and paragraph (b) of

19  subsection (5) of section 242.335, Florida Statutes, are

20  amended to read:

21         242.335  Personnel screening; Florida School for the

22  Deaf and the Blind.--

23         (4)  The Florida School for the Deaf and the Blind may

24  not use the criminal records, abuse registry information,

25  private investigator findings, or information reference checks

26  obtained by the school pursuant to this section for any

27  purpose other than determining if a person meets the minimum

28  standards for good moral character for personnel employed by

29  the school.  The criminal records, abuse registry information,

30  private investigator findings, and information from reference

31  checks obtained by the Florida School for the Deaf and the

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  1  Blind for determining the moral character of employees of the

  2  school are confidential and exempt from the provisions of s.

  3  119.07(1) and s. 24(a), Art. I of the State Constitution.

  4         (5)  It is a misdemeanor of the first degree,

  5  punishable as provided in s. 775.082 or s. 775.083, for any

  6  person willfully, knowingly, or intentionally to:

  7         (b)  Use the criminal records, abuse registry

  8  information, private investigator findings, or information

  9  from reference checks obtained under this section or

10  information obtained from such records or findings for

11  purposes other than screening for employment or release such

12  information or records to persons for purposes other than

13  screening for employment.

14         Section 42.  Paragraph (a) of subsection (8) of section

15  320.0848, Florida Statutes, is amended to read:

16         320.0848  Persons who have disabilities; issuance of

17  disabled parking permits; temporary permits; permits for

18  certain providers of transportation services to persons who

19  have disabilities.--

20         (8)  A law enforcement officer may confiscate the

21  disabled parking permit from any person who fraudulently

22  obtains or unlawfully uses such a permit.  A law enforcement

23  officer may confiscate any disabled parking permit that is

24  expired, reported as lost or stolen, or defaced, or that does

25  not display a personal identification number.

26         (a)  Beginning April 1, 1999, the permit number of each

27  confiscated permit must be submitted to the Department of

28  Highway Safety and Motor Vehicles, and the fact that the

29  permit has been confiscated must be noted on the

30  permitholder's record. If two permits issued to the same

31  person have been confiscated, the Department of Highway Safety

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  1  and Motor Vehicles shall refer the information to the central

  2  Florida abuse hotline of the Department of Children and Family

  3  Services for an investigation of potential abuse, neglect, or

  4  exploitation of the permit owner.

  5         Section 43.  Paragraph (c) of subsection (1) of section

  6  381.0059, Florida Statutes, is amended to read:

  7         381.0059  Background screening requirements for school

  8  health services personnel.--

  9         (1)

10         (c)  The person subject to the required background

11  screening or his or her employer must pay the fees required to

12  obtain the background screening. Payment for the screening and

13  the abuse registry check must be submitted to the Department

14  of Health. The Florida Department of Law Enforcement shall

15  charge the Department of Health for a level 2 screening at a

16  rate sufficient to cover the costs of such screening pursuant

17  to s. 943.053(3). The Department of Health shall establish a

18  schedule of fees to cover the costs of the level 2 screening

19  and the abuse registry check. The applicant or his or her

20  employer who pays for the required screening may be reimbursed

21  by the Department of Health from funds designated for this

22  purpose.

23         Section 44.  Paragraph (d) of subsection (1) of section

24  381.60225, Florida Statutes, is amended to read:

25         381.60225  Background screening.--

26         (1)  Each applicant for certification must comply with

27  the following requirements:

28         (d)  A provisional certification may be granted to the

29  organization, agency, or entity when each individual required

30  by this section to undergo background screening has met the

31  standards for the abuse registry background check and the

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  1  Department of Law Enforcement background check, but the agency

  2  has not yet received background screening results from the

  3  Federal Bureau of Investigation, or a request for a

  4  disqualification exemption has been submitted to the agency as

  5  set forth in chapter 435, but a response has not yet been

  6  issued. A standard certification may be granted to the

  7  organization, agency, or entity upon the agency's receipt of a

  8  report of the results of the Federal Bureau of Investigation

  9  background screening for each individual required by this

10  section to undergo background screening which confirms that

11  all standards have been met, or upon the granting of a

12  disqualification exemption by the agency as set forth in

13  chapter 435. Any other person who is required to undergo level

14  2 background screening may serve in his or her capacity

15  pending the agency's receipt of the report from the Federal

16  Bureau of Investigation. However, the person may not continue

17  to serve if the report indicates any violation of background

18  screening standards and a disqualification exemption has not

19  been requested of and granted by the agency as set forth in

20  chapter 435.

21         Section 45.  Paragraph (d) of subsection (7) of section

22  383.305, Florida Statutes, is amended to read:

23         383.305  Licensure; issuance, renewal, denial,

24  suspension, revocation; fees; background screening.--

25         (7)  Each applicant for licensure must comply with the

26  following requirements:

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  abuse registry background check and the Department of Law

31  Enforcement background check, but the agency has not yet

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  1  received background screening results from the Federal Bureau

  2  of Investigation, or a request for a disqualification

  3  exemption has been submitted to the agency as set forth in

  4  chapter 435 but a response has not yet been issued. A standard

  5  license may be granted to the applicant upon the agency's

  6  receipt of a report of the results of the Federal Bureau of

  7  Investigation background screening for each individual

  8  required by this section to undergo background screening which

  9  confirms that all standards have been met, or upon the

10  granting of a disqualification exemption by the agency as set

11  forth in chapter 435. Any other person who is required to

12  undergo level 2 background screening may serve in his or her

13  capacity pending the agency's receipt of the report from the

14  Federal Bureau of Investigation. However, the person may not

15  continue to serve if the report indicates any violation of

16  background screening standards and a disqualification

17  exemption has not been requested of and granted by the agency

18  as set forth in chapter 435.

19         Section 46.  Paragraph (d) of subsection (3) of section

20  390.015, Florida Statutes, is amended to read:

21         390.015  Application for license.--

22         (3)  Each applicant for licensure must comply with the

23  following requirements:

24         (d)  A provisional license may be granted to an

25  applicant when each individual required by this section to

26  undergo background screening has met the standards for the

27  abuse registry background check and the Department of Law

28  Enforcement background check, but the agency has not yet

29  received background screening results from the Federal Bureau

30  of Investigation, or a request for a disqualification

31  exemption has been submitted to the agency as set forth in

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  1  chapter 435 but a response has not yet been issued. A standard

  2  license may be granted to the applicant upon the agency's

  3  receipt of a report of the results of the Federal Bureau of

  4  Investigation background screening for each individual

  5  required by this section to undergo background screening which

  6  confirms that all standards have been met, or upon the

  7  granting of a disqualification exemption by the agency as set

  8  forth in chapter 435. Any other person who is required to

  9  undergo level 2 background screening may serve in his or her

10  capacity pending the agency's receipt of the report from the

11  Federal Bureau of Investigation. However, the person may not

12  continue to serve if the report indicates any violation of

13  background screening standards and a disqualification

14  exemption has not been requested of and granted by the agency

15  as set forth in chapter 435.

16         Section 47.  Paragraph (c) of subsection (5) and

17  paragraph (d) of subsection (6) of section 393.067, Florida

18  Statutes, are amended to read:

19         393.067  Licensure of residential facilities and

20  comprehensive transitional education programs.--

21         (5)  The applicant shall submit evidence which

22  establishes the good moral character of the manager or

23  supervisor of the facility or program and the direct service

24  providers in the facility or program and its component centers

25  or units. A license may be issued if all the screening

26  materials have been timely submitted; however, a license may

27  not be issued or renewed if any of the direct service

28  providers have failed the screening required by s. 393.0655.

29         (c)  The department or a residential facility or

30  comprehensive transitional education program may not use the

31  criminal records or, juvenile records, or abuse registry

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  1  information of a person obtained under this subsection for any

  2  purpose other than determining if that person meets the

  3  minimum standards for good moral character for a manager or

  4  supervisor of, or direct service provider in, such a facility

  5  or program. The criminal records or, juvenile records, or

  6  abuse registry information obtained by the department or a

  7  residential facility or comprehensive transitional education

  8  program for determining the moral character of a manager,

  9  supervisor, or direct service provider are exempt from s.

10  119.07(1).

11         (6)  Each applicant for licensure as an intermediate

12  care facility for the developmentally disabled must comply

13  with the following requirements:

14         (d)  A provisional license may be granted to an

15  applicant when each individual required by this section to

16  undergo background screening has met the standards for the

17  abuse registry background check and the Department of Law

18  Enforcement background check, but the agency has not yet

19  received background screening results from the Federal Bureau

20  of Investigation, or a request for a disqualification

21  exemption has been submitted to the agency as set forth in

22  chapter 435, but a response has not yet been issued. A

23  standard license may be granted to the applicant upon the

24  agency's receipt of a report of the results of the Federal

25  Bureau of Investigation background screening for each

26  individual required by this section to undergo background

27  screening which confirms that all standards have been met, or

28  upon the granting of a disqualification exemption by the

29  agency as set forth in chapter 435. Any other person who is

30  required to undergo level 2 background screening may serve in

31  his or her capacity pending the agency's receipt of the report

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  1  from the Federal Bureau of Investigation. However, the person

  2  may not continue to serve if the report indicates any

  3  violation of background screening standards and a

  4  disqualification exemption has not been requested of and

  5  granted by the agency as set forth in chapter 435.

  6         Section 48.  Paragraph (c) of subsection (1) of section

  7  393.0674, Florida Statutes, is amended to read:

  8         393.0674  Penalties.--

  9         (1)  It is a misdemeanor of the first degree,

10  punishable as provided in s. 775.082 or s. 775.083, for any

11  person willfully, knowingly, or intentionally to:

12         (c)  Use information from the criminal records or

13  central abuse hotline registry obtained under s. 393.0655, s.

14  393.066, or s. 393.067 for any purpose other than screening

15  that person for employment as specified in those sections or

16  release such information to any other person for any purpose

17  other than screening for employment as specified in those

18  sections.

19         Section 49.  Paragraph (e) of subsection (5) of section

20  394.459, Florida Statutes, is amended to read:

21         394.459  Rights of patients.--

22         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

23         (e)  Each patient receiving mental health treatment in

24  any facility shall have ready access to a telephone in order

25  to report an alleged abuse. The facility staff shall orally

26  and in writing inform each patient of the procedure for

27  reporting abuse and shall make every reasonable effort to

28  present the information in a language the patient understands.

29  A written copy of that procedure, including the telephone

30  number of the central abuse hotline registry and reporting

31  forms, shall be posted in plain view.

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  1         Section 50.  Paragraph (d) of subsection (12) of

  2  section 394.875, Florida Statutes, is amended to read:

  3         394.875  Crisis stabilization units and residential

  4  treatment facilities; authorized services; license required;

  5  penalties.--

  6         (12)  Each applicant for licensure must comply with the

  7  following requirements:

  8         (d)  A provisional license may be granted to an

  9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  abuse registry background check and the Department of Law

12  Enforcement background check, but the agency has not yet

13  received background screening results from the Federal Bureau

14  of Investigation, or a request for a disqualification

15  exemption has been submitted to the agency as set forth in

16  chapter 435, but a response has not yet been issued. A

17  standard license may be granted to the applicant upon the

18  agency's receipt of a report of the results of the Federal

19  Bureau of Investigation background screening for each

20  individual required by this section to undergo background

21  screening which confirms that all standards have been met, or

22  upon the granting of a disqualification exemption by the

23  agency as set forth in chapter 435. Any other person who is

24  required to undergo level 2 background screening may serve in

25  his or her capacity pending the agency's receipt of the report

26  from the Federal Bureau of Investigation. However, the person

27  may not continue to serve if the report indicates any

28  violation of background screening standards and a

29  disqualification exemption has not been requested of and

30  granted by the agency as set forth in chapter 435.

31

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  1         Section 51.  Subsection (4) of section 395.0055,

  2  Florida Statutes, is amended to read:

  3         395.0055  Background screening.--Each applicant for

  4  licensure must comply with the following requirements:

  5         (4)  A provisional license may be granted to an

  6  applicant when each individual required by this section to

  7  undergo background screening has met the standards for the

  8  abuse registry background check and the Department of Law

  9  Enforcement background check, but the agency has not yet

10  received background screening results from the Federal Bureau

11  of Investigation, or a request for a disqualification

12  exemption has been submitted to the agency as set forth in

13  chapter 435 but a response has not yet been issued.  A

14  standard license may be granted to the applicant upon the

15  agency's receipt of a report of the results of the Federal

16  Bureau of Investigation background screening for each

17  individual required by this section to undergo background

18  screening which confirms that all standards have been met, or

19  upon the granting of a disqualification exemption by the

20  agency as set forth in chapter 435.  Any other person who is

21  required to undergo level 2 background screening may serve in

22  his or her capacity pending the agency's receipt of the report

23  from the Federal Bureau of Investigation; however, the person

24  may not continue to serve if the report indicates any

25  violation of background screening standards and a

26  disqualification exemption has not been requested of and

27  granted by the agency as set forth in chapter 435.

28         Section 52.  Paragraph (d) of subsection (4) of section

29  395.0199, Florida Statutes, is amended to read:

30         395.0199  Private utilization review.--

31

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  1         (4)  Each applicant for registration must comply with

  2  the following requirements:

  3         (d)  A provisional registration may be granted to an

  4  applicant when each individual required by this section to

  5  undergo background screening has met the standards for the

  6  abuse registry background check and the Department of Law

  7  Enforcement background check, but the agency has not yet

  8  received background screening results from the Federal Bureau

  9  of Investigation, or a request for a disqualification

10  exemption has been submitted to the agency as set forth in

11  chapter 435 but a response has not yet been issued. A standard

12  registration may be granted to the applicant upon the agency's

13  receipt of a report of the results of the Federal Bureau of

14  Investigation background screening for each individual

15  required by this section to undergo background screening which

16  confirms that all standards have been met, or upon the

17  granting of a disqualification exemption by the agency as set

18  forth in chapter 435. Any other person who is required to

19  undergo level 2 background screening may serve in his or her

20  capacity pending the agency's receipt of the report from the

21  Federal Bureau of Investigation. However, the person may not

22  continue to serve if the report indicates any violation of

23  background screening standards and a disqualification

24  exemption has not been requested of and granted by the agency

25  as set forth in chapter 435.

26         Section 53.  Paragraph (g) of subsection (4) of section

27  395.3025, Florida Statutes, is amended to read:

28         395.3025  Patient and personnel records; copies;

29  examination.--

30         (4)  Patient records are confidential and must not be

31  disclosed without the consent of the person to whom they

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  1  pertain, but appropriate disclosure may be made without such

  2  consent to:

  3         (g)  The Department of Children and Family Services or

  4  its agent, for the purpose of investigations of cases of

  5  abuse, neglect, or exploitation of children or vulnerable

  6  disabled adults or elderly persons.

  7         Section 54.  Subsection (3) of section 397.461, Florida

  8  Statutes, is amended to read:

  9         397.461  Unlawful activities relating to personnel;

10  penalties.--It is a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083, for any

12  person willfully, knowingly, or intentionally to:

13         (3)  Use or release any criminal or juvenile or central

14  abuse registry information obtained under this chapter for any

15  purpose other than background checks of personnel for

16  employment.

17         Section 55.  Subsection (2) of section 400.022, Florida

18  Statutes, is amended to read:

19         400.022  Residents' rights.--

20         (2)  The licensee for each nursing home shall orally

21  inform the resident of the resident's rights and provide a

22  copy of the statement required by subsection (1) to each

23  resident or the resident's legal representative at or before

24  the resident's admission to a facility.  The licensee shall

25  provide a copy of the resident's rights to each staff member

26  of the facility.  Each such licensee shall prepare a written

27  plan and provide appropriate staff training to implement the

28  provisions of this section.  The written statement of rights

29  must include a statement that a resident may file a complaint

30  with the agency or district ombudsman council. The statement

31  must be in boldfaced type and shall include the name, address,

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  1  and telephone numbers of the district ombudsman council and

  2  central adult abuse hotline registry where complaints may be

  3  lodged.

  4         Section 56.  Paragraph (d) of subsection (4) of section

  5  400.071, Florida Statutes, is amended to read:

  6         400.071  Application for license.--

  7         (4)  Each applicant for licensure must comply with the

  8  following requirements:

  9         (d)  A provisional license may be granted to an

10  applicant when each individual required by this section to

11  undergo background screening has met the standards for the

12  abuse registry background check and the Department of Law

13  Enforcement background check, but the agency has not yet

14  received background screening results from the Federal Bureau

15  of Investigation, or a request for a disqualification

16  exemption has been submitted to the agency as set forth in

17  chapter 435, but a response has not yet been issued.  A

18  license may be granted to the applicant upon the agency's

19  receipt of a report of the results of the Federal Bureau of

20  Investigation background screening for each individual

21  required by this section to undergo background screening which

22  confirms that all standards have been met, or upon the

23  granting of a disqualification exemption by the agency as set

24  forth in chapter 435.  Any other person who is required to

25  undergo level 2 background screening may serve in his or her

26  capacity pending the agency's receipt of the report from the

27  Federal Bureau of Investigation; however, the person may not

28  continue to serve if the report indicates any violation of

29  background screening standards and a disqualification

30  exemption has not been requested of and granted by the agency

31  as set forth in chapter 435.

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  1         Section 57.  Paragraphs (a), (c), and (e) of subsection

  2  (2) and subsections (3) and (8) of section 400.215, Florida

  3  Statutes, are amended to read:

  4         400.215  Personnel screening requirement.--

  5         (2)  Employers and employees shall comply with the

  6  requirements of s. 435.05.

  7         (a)  Notwithstanding the provisions of s. 435.05(1),

  8  facilities must have in their possession evidence that level 1

  9  screening has been completed before allowing an employee to

10  begin working with patients as provided in subsection (1). All

11  information necessary for conducting background screening

12  using level 1 standards as specified in s. 435.03(1) and for

13  conducting a search of the central abuse registry and tracking

14  system as specified in s. 435.03(3)(a) shall be submitted by

15  the nursing facility to the agency. Results of the background

16  screening and the abuse registry check shall be provided by

17  the agency to the requesting nursing facility. An applicant

18  who has been qualified under a level 1 criminal screening and

19  who, under penalty of perjury, attests to not having been

20  classified in the central abuse registry and tracking system

21  as a perpetrator in a confirmed report of abuse, neglect, or

22  exploitation may be allowed to work on a probationary status

23  in the nursing facility, under supervision, for a period not

24  to exceed 30 days, pending the results of an abuse registry

25  screening.

26         (c)  The agency shall establish and maintain a database

27  of background screening information which shall include the

28  results of both level 1 and level 2 screening and central

29  abuse registry and tracking system checks. The Department of

30  Law Enforcement shall timely provide to the agency,

31  electronically, the results of each statewide screening for

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  1  incorporation into the database. The Department of Children

  2  and Family Services shall provide the agency with electronic

  3  access to the central abuse registry and tracking system. The

  4  agency shall search the registry to identify any confirmed

  5  report and shall access such report for incorporation into the

  6  database. The agency shall, upon request from any facility,

  7  agency, or program required by or authorized by law to screen

  8  its employees or applicants, notify the administrator of the

  9  facility, agency, or program of the qualifying or

10  disqualifying status of the employee or applicant named in the

11  request.

12         (e)  Notwithstanding the confidentiality provisions of

13  s. 415.107, the agency shall provide no later than 45 days

14  after the effective date of this paragraph, a direct-access

15  electronic screening capability to all enrolled facilities or

16  agencies required by law to restrict employment to only an

17  applicant who does not have a disqualifying report in the

18  central abuse registry and tracking system. The agency shall,

19  upon request, provide to such facility or agency a user code

20  by which the facility or agency may query the listing of all

21  persons disqualified because of a confirmed classification.

22  The direct-access screening system shall allow for the

23  electronic matching of an applicant's identifying information,

24  including name, date of birth, race, sex, and social security

25  number, against the listing of disqualified persons. The

26  agency may charge a fee for issuing the user code sufficient

27  to cover the cost of establishing and maintaining the

28  direct-access screening system. The direct-access screening

29  system shall provide immediately to the user only the

30  electronic notification of applicant clearance or

31  disqualification. The system shall also maintain for

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  1  appropriate entry into the agency screening database an

  2  electronic record of the inquiry on behalf of the applicant.

  3         (3)  The applicant is responsible for paying the fees

  4  associated with obtaining the required screening.  Payment for

  5  the screening and the abuse registry check shall be submitted

  6  to the agency. The agency shall establish a schedule of fees

  7  to cover the costs of level 1 and level 2 screening and the

  8  abuse registry check. Facilities may reimburse employees for

  9  these costs. The Department of Law Enforcement shall charge

10  the agency for a level 1 or level 2 screening a rate

11  sufficient to cover the costs of such screening pursuant to s.

12  943.053(3). The agency shall, as allowable, reimburse nursing

13  facilities for the cost of conducting background screening as

14  required by this section. This reimbursement will not be

15  subject to any rate ceilings or payment targets in the

16  Medicaid Reimbursement plan.

17         (8)  There is no monetary or unemployment liability on

18  the part of, and no cause of action for damages arising

19  against an employer that, upon notice of a disqualifying

20  offense listed under chapter 435 or a confirmed report of

21  abuse, neglect, or exploitation or an act of domestic

22  violence, terminates the employee against whom the report was

23  issued, whether or not the employee has filed for an exemption

24  with the Department of Health or the Agency for Health Care

25  Administration.

26         Section 58.  Paragraph (g) of subsection (1) of section

27  400.414, Florida Statutes, is amended to read:

28         400.414  Denial, revocation, or suspension of license;

29  imposition of administrative fine; grounds.--

30         (1)  The agency may deny, revoke, or suspend any

31  license issued under this part, or impose an administrative

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  1  fine in the manner provided in chapter 120, for any of the

  2  following actions by an assisted living facility, any person

  3  subject to level 2 background screening under s. 400.4174, or

  4  any facility employee:

  5         (g)  A determination that confirmed report of adult

  6  abuse, neglect, or exploitation, as defined in s. 415.102,

  7  which has been upheld following a chapter 120 hearing or a

  8  waiver of such proceedings where the perpetrator is an

  9  employee, volunteer, administrator, or owner, or person who

10  otherwise has access to the residents of a facility does not

11  meet the criteria specified in s. 435.03(2), and the owner or

12  administrator has not taken action to remove the person

13  perpetrator. Exemptions from disqualification may be granted

14  as set forth in s. 435.07. No administrative action may be

15  taken against the facility if the person perpetrator is

16  granted an exemption.

17         Section 59.  Paragraph (c) of subsection (1) and

18  subsection (3) of section 400.4174, Florida Statutes, are

19  amended to read:

20         400.4174  Background screening; exemptions; reports of

21  abuse in facilities.--

22         (1)

23         (c)  The agency may grant a provisional license to a

24  facility applying for an initial license when each individual

25  required by this subsection to undergo screening has completed

26  the abuse registry and Department of Law Enforcement

27  background checks, but has not yet received results from the

28  Federal Bureau of Investigation, or when a request for an

29  exemption from disqualification has been submitted to the

30  agency pursuant to s. 435.07, but a response has not been

31  issued.

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  1         (3)  When an employee, volunteer, administrator, or

  2  owner of a facility is the subject of a confirmed report of

  3  adult abuse, neglect, or exploitation, as defined in s.

  4  415.102, and the protective investigator knows that the

  5  individual is an employee, volunteer, administrator, or owner

  6  of a facility, the agency shall be notified of the confirmed

  7  report.

  8         Section 60.  Subsection (4) of section 400.426, Florida

  9  Statutes, is amended to read:

10         400.426  Appropriateness of placements; examinations of

11  residents.--

12         (4)  If possible, each resident shall have been

13  examined by a licensed physician or a licensed nurse

14  practitioner within 60 days before admission to the facility.

15  The signed and completed medical examination report shall be

16  submitted to the owner or administrator of the facility who

17  shall use the information contained therein to assist in the

18  determination of the appropriateness of the resident's

19  admission and continued stay in the facility.  The medical

20  examination report shall become a permanent part of the record

21  of the resident at the facility and shall be made available to

22  the agency during inspection or upon request.  An assessment

23  that has been completed through the Comprehensive Assessment

24  and Review for Long-Term Care Services (CARES) Program

25  fulfills the requirements for a medical examination under this

26  subsection and s. 400.407(4)(3)(b)6.

27         Section 61.  Subsection (2) of section 400.428, Florida

28  Statutes, is amended to read:

29         400.428  Resident bill of rights.--

30         (2)  The administrator of a facility shall ensure that

31  a written notice of the rights, obligations, and prohibitions

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  1  set forth in this part is posted in a prominent place in each

  2  facility and read or explained to residents who cannot read.

  3  This notice shall include the name, address, and telephone

  4  numbers of the district ombudsman council and central adult

  5  abuse hotline registry and, when applicable, the Advocacy

  6  Center for Persons with Disabilities, Inc., and the district

  7  human rights advocacy committee, where complaints may be

  8  lodged.  The facility must ensure a resident's access to a

  9  telephone to call the district ombudsman council, central

10  adult abuse hotline registry, Advocacy Center for Persons with

11  Disabilities, Inc., and district human rights advocacy

12  committee.

13         Section 62.  Subsection (20) of section 400.462,

14  Florida Statutes, is amended to read:

15         400.462  Definitions.--As used in this part, the term:

16         (20)  "Screening" means the assessment of the

17  background of home health agency personnel, nurse registry

18  personnel, and persons registered under s. 400.509 and

19  includes employment or contractual history checks, records

20  checks of the department's central abuse hotline under chapter

21  415 relating to vulnerable adults, and statewide criminal

22  records correspondence checks through the Department of Law

23  Enforcement.

24         Section 63.  Paragraph (d) of subsection (4) of section

25  400.471, Florida Statutes, is amended to read:

26         400.471  Application for license; fee; provisional

27  license; temporary permit.--

28         (4)  Each applicant for licensure must comply with the

29  following requirements:

30         (d)  A provisional license may be granted to an

31  applicant when each individual required by this section to

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  1  undergo background screening has met the standards for the

  2  abuse registry background check and the Department of Law

  3  Enforcement background check, but the agency has not yet

  4  received background screening results from the Federal Bureau

  5  of Investigation. A standard license may be granted to the

  6  licensee upon the agency's receipt of a report of the results

  7  of the Federal Bureau of Investigation background screening

  8  for each individual required by this section to undergo

  9  background screening which confirms that all standards have

10  been met, or upon the granting of a disqualification exemption

11  by the agency as set forth in chapter 435. Any other person

12  who is required to undergo level 2 background screening may

13  serve in his or her capacity pending the agency's receipt of

14  the report from the Federal Bureau of Investigation. However,

15  the person may not continue to serve if the report indicates

16  any violation of background screening standards and a

17  disqualification exemption has not been requested of and

18  granted by the agency as set forth in chapter 435.

19         Section 64.  Section 400.495, Florida Statutes, is

20  amended to read:

21         400.495  Notice of toll-free telephone number for

22  central abuse hotline registry.--On or before the first day

23  home health services are provided to a patient, any home

24  health agency or nurse registry licensed under this part must

25  inform the patient and his or her immediate family, if

26  appropriate, of the right to report abusive, neglectful, or

27  exploitative practices.  The statewide toll-free telephone

28  number for the central abuse hotline registry must be provided

29  to patients in a manner that is clearly legible and must

30  include the words: "To report abuse, neglect, or exploitation,

31  please call toll-free ...(phone number)...." The Agency for

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  1  Health Care Administration shall adopt rules that provide for

  2  90 days' advance notice of a change in the toll-free telephone

  3  number and that outline due process procedures, as provided

  4  under chapter 120, for home health agency personnel and nurse

  5  registry personnel who are reported to the central abuse

  6  hotline registry.  Home health agencies and nurse registries

  7  shall establish appropriate policies and procedures for

  8  providing such notice to patients.

  9         Section 65.  Paragraph (d) of subsection (2) of section

10  400.506, Florida Statutes, is amended to read:

11         400.506  Licensure of nurse registries; requirements;

12  penalties.--

13         (2)  Each applicant for licensure must comply with the

14  following requirements:

15         (d)  A provisional license may be granted to an

16  applicant when each individual required by this section to

17  undergo background screening has met the standards for the

18  abuse registry background check and the Department of Law

19  Enforcement background check but the agency has not yet

20  received background screening results from the Federal Bureau

21  of Investigation. A standard license may be granted to the

22  applicant upon the agency's receipt of a report of the results

23  of the Federal Bureau of Investigation background screening

24  for each individual required by this section to undergo

25  background screening which confirms that all standards have

26  been met, or upon the granting of a disqualification exemption

27  by the agency as set forth in chapter 435. Any other person

28  who is required to undergo level 2 background screening may

29  serve in his or her capacity pending the agency's receipt of

30  the report from the Federal Bureau of Investigation. However,

31  the person may not continue to serve if the report indicates

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  1  any violation of background screening standards and a

  2  disqualification exemption has not been requested of and

  3  granted by the agency as set forth in chapter 435.

  4         Section 66.  Subsection (6) of section 400.509, Florida

  5  Statutes, is amended to read:

  6         400.509  Registration of particular service providers

  7  exempt from licensure; certificate of registration; regulation

  8  of registrants.--

  9         (6)  On or before the first day on which services are

10  provided to a patient or client, any registrant under this

11  part must inform the patient or client and his or her

12  immediate family, if appropriate, of the right to report

13  abusive, neglectful, or exploitative practices.  The statewide

14  toll-free telephone number for the central abuse hotline

15  registry must be provided to patients or clients in a manner

16  that is clearly legible and must include the words: "To report

17  abuse, neglect, or exploitation, please call toll-free

18  ...(phone number)...." Registrants must establish appropriate

19  policies and procedures for providing such notice to patients

20  or clients.

21         Section 67.  Subsections (3), (4), (5), and (6) and

22  paragraph (a) of subsection (7) of section 400.512, Florida

23  Statutes, are amended to read:

24         400.512  Screening of home health agency personnel;

25  nurse registry personnel; and companions and homemakers.--The

26  agency shall require employment or contractor screening as

27  provided in chapter 435, using the level 1 standards for

28  screening set forth in that chapter, for home health agency

29  personnel; persons referred for employment by nurse

30  registries; and persons employed by companion or homemaker

31  services registered under s. 400.509.

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  1         (3)  As a prerequisite to operating as a home health

  2  agency, nurse registry, or companion or homemaker service

  3  under s. 400.509, the administrator or managing employee,

  4  respectively, must submit to the agency his or her name and

  5  any other information necessary to conduct a complete

  6  screening according to this section.  The agency shall submit

  7  the information to the Department of Law Enforcement and the

  8  department's abuse hotline for state processing.  The agency

  9  shall review the record of the administrator or manager with

10  respect to the offenses specified in this section and shall

11  notify the owner of its findings.  If disposition information

12  is missing on a criminal record, the administrator or manager,

13  upon request of the agency, must obtain and supply within 30

14  days the missing disposition information to the agency.

15  Failure to supply missing information within 30 days or to

16  show reasonable efforts to obtain such information will result

17  in automatic disqualification.

18         (4)  Proof of compliance with the screening

19  requirements of chapter 435 shall be accepted in lieu of the

20  requirements of this section if the person has been

21  continuously employed or registered without a breach in

22  service that exceeds 180 days, the proof of compliance is not

23  more than 2 years old, and the person has been screened

24  through the central abuse registry and tracking system of the

25  department and by the Department of Law Enforcement. A home

26  health agency, nurse registry, or companion or homemaker

27  service registered under s. 400.509 shall directly provide

28  proof of compliance to another home health agency, nurse

29  registry, or companion or homemaker service registered under

30  s. 400.509. The recipient home health agency, nurse registry,

31  or companion or homemaker service registered under s. 400.509

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  1  may not accept any proof of compliance directly from the

  2  person who requires screening. Proof of compliance with the

  3  screening requirements of this section shall be provided upon

  4  request to the person screened by the home health agencies;

  5  nurse registries; or companion or homemaker services

  6  registered under s. 400.509.

  7         (5)  There is no monetary liability on the part of, and

  8  no cause of action for damages arises against, a licensed home

  9  health agency, licensed nurse registry, or companion or

10  homemaker service registered under s. 400.509, that, upon

11  notice that the employee or contractor has been found guilty

12  of, regardless of adjudication, or entered a plea of nolo

13  contendere or guilty to, any offense prohibited under s.

14  435.03 or under any similar statute of another jurisdiction of

15  a confirmed report of adult abuse, neglect, or exploitation,

16  terminates the employee or contractor against whom the report

17  was issued, whether or not the employee or contractor has

18  filed for an exemption with the agency in accordance with

19  chapter 435 and whether or not the time for filing has

20  expired.

21         (6)  The costs of processing the statewide

22  correspondence criminal records checks and the search of the

23  department's central abuse hotline must be borne by the home

24  health agency; the nurse registry; or the companion or

25  homemaker service registered under s. 400.509, or by the

26  person being screened, at the discretion of the home health

27  agency, nurse registry, or s. 400.509 registrant.

28         (7)(a)  It is a misdemeanor of the first degree,

29  punishable under s. 775.082 or s. 775.083, for any person

30  willfully, knowingly, or intentionally to:

31

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  1         1.  Fail, by false statement, misrepresentation,

  2  impersonation, or other fraudulent means, to disclose in any

  3  application for voluntary or paid employment a material fact

  4  used in making a determination as to such person's

  5  qualifications to be an employee under this section;

  6         2.  Operate or attempt to operate an entity licensed or

  7  registered under this part with persons who do not meet the

  8  minimum standards for good moral character as contained in

  9  this section; or

10         3.  Use information from the criminal records or

11  central abuse hotline obtained under this section for any

12  purpose other than screening that person for employment as

13  specified in this section or release such information to any

14  other person for any purpose other than screening for

15  employment under this section.

16         Section 68.  Paragraph (c) of subsection (1) and

17  subsection (3) of section 400.5572, Florida Statutes, are

18  amended to read:

19         400.5572  Background screening.--

20         (1)

21         (c)  The agency may grant a provisional license to an

22  adult day care center applying for an initial license when

23  each individual required by this subsection to undergo

24  screening has completed the abuse registry and Department of

25  Law Enforcement background check checks, but has not yet

26  received results from the Federal Bureau of Investigation, or

27  when a request for an exemption from disqualification has been

28  submitted to the agency pursuant to s. 435.07, but a response

29  has not been issued.

30         (3)  When an employee, volunteer, operator, or owner of

31  an adult day care center is the subject of a confirmed report

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  1  of adult abuse, neglect, or exploitation, as defined in s.

  2  415.102, and the protective investigator knows that the

  3  individual is an employee, volunteer, operator, or owner of a

  4  center, the agency shall be notified of the confirmed report.

  5         Section 69.  Subsection (2) of section 400.628, Florida

  6  Statutes, is amended to read:

  7         400.628  Residents' bill of rights.--

  8         (2)  The provider shall ensure that residents and their

  9  legal representatives are made aware of the rights,

10  obligations, and prohibitions set forth in this part.

11  Residents must also be given the names, addresses, and

12  telephone numbers of the district ombudsman council and the

13  central adult abuse hotline registry where they may lodge

14  complaints.

15         Section 70.  Paragraph (d) of subsection (4) of section

16  400.801, Florida Statutes, is amended to read:

17         400.801  Homes for special services.--

18         (4)  Each applicant for licensure must comply with the

19  following requirements:

20         (d)  A provisional license may be granted to an

21  applicant when each individual required by this section to

22  undergo background screening has met the standards for the

23  abuse registry background check and the Department of Law

24  Enforcement background check, but the agency has not yet

25  received background screening results from the Federal Bureau

26  of Investigation, or a request for a disqualification

27  exemption has been submitted to the agency as set forth in

28  chapter 435, but a response has not yet been issued. A

29  standard license may be granted to the applicant upon the

30  agency's receipt of a report of the results of the Federal

31  Bureau of Investigation background screening for each

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  1  individual required by this section to undergo background

  2  screening which confirms that all standards have been met, or

  3  upon the granting of a disqualification exemption by the

  4  agency as set forth in chapter 435. Any other person who is

  5  required to undergo level 2 background screening may serve in

  6  his or her capacity pending the agency's receipt of the report

  7  from the Federal Bureau of Investigation. However, the person

  8  may not continue to serve if the report indicates any

  9  violation of background screening standards and a

10  disqualification exemption has not been requested of and

11  granted by the agency as set forth in chapter 435.

12         Section 71.  Paragraph (d) of subsection (3) of section

13  400.805, Florida Statutes, is amended to read:

14         400.805  Transitional living facilities.--

15         (3)  Each applicant for licensure must comply with the

16  following requirements:

17         (d)  A provisional license may be granted to an

18  applicant when each individual required by this section to

19  undergo background screening has met the standards for the

20  abuse registry background check and the Department of Law

21  Enforcement background check, but the agency has not yet

22  received background screening results from the Federal Bureau

23  of Investigation, or a request for a disqualification

24  exemption has been submitted to the agency as set forth in

25  chapter 435, but a response has not yet been issued. A

26  standard license may be granted to the applicant upon the

27  agency's receipt of a report of the results of the Federal

28  Bureau of Investigation background screening for each

29  individual required by this section to undergo background

30  screening which confirms that all standards have been met, or

31  upon the granting of a disqualification exemption by the

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  1  agency as set forth in chapter 435. Any other person who is

  2  required to undergo level 2 background screening may serve in

  3  his or her capacity pending the agency's receipt of the report

  4  from the Federal Bureau of Investigation. However, the person

  5  may not continue to serve if the report indicates any

  6  violation of background screening standards and a

  7  disqualification exemption has not been requested of and

  8  granted by the agency as set forth in chapter 435.

  9         Section 72.  Paragraph (d) of subsection (5) of section

10  400.906, Florida Statutes, is amended to read:

11         400.906  Initial application for license.--

12         (5)  Each applicant for licensure must comply with the

13  following requirements:

14         (d)  A provisional license may be granted to an

15  applicant when each individual required by this section to

16  undergo background screening has met the standards for the

17  abuse registry background check and the Department of Law

18  Enforcement background check, but the agency has not yet

19  received background screening results from the Federal Bureau

20  of Investigation, or a request for a disqualification

21  exemption has been submitted to the agency as set forth in

22  chapter 435, but a response has not yet been issued. A

23  standard license may be granted to the applicant upon the

24  agency's receipt of a report of the results of the Federal

25  Bureau of Investigation background screening for each

26  individual required by this section to undergo background

27  screening which confirms that all standards have been met, or

28  upon the granting of a disqualification exemption by the

29  agency as set forth in chapter 435. Any other person who is

30  required to undergo level 2 background screening may serve in

31  his or her capacity pending the agency's receipt of the report

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  1  from the Federal Bureau of Investigation. However, the person

  2  may not continue to serve if the report indicates any

  3  violation of background screening standards and a

  4  disqualification exemption has not been requested of and

  5  granted by the agency as set forth in chapter 435.

  6         Section 73.  Subsection (10) of section 400.931,

  7  Florida Statutes, is amended to read:

  8         400.931  Application for license; fee; provisional

  9  license; temporary permit.--

10         (10)  When a change of the general manager of a home

11  medical equipment provider occurs, the licensee must notify

12  the agency of the change within 45 days thereof and must

13  provide evidence of compliance with the background screening

14  requirements in subsection (5); except that a general manager

15  who has met the standards for the abuse registry background

16  check and the Department of Law Enforcement background check,

17  but for whom background screening results from the Federal

18  Bureau of Investigation have not yet been received, may be

19  employed pending receipt of the Federal Bureau of

20  Investigation background screening report. An individual may

21  not continue to serve as general manager if the Federal Bureau

22  of Investigation background screening report indicates any

23  violation of background screening standards.

24         Section 74.  Section 400.95, Florida Statutes, is

25  amended to read:

26         400.95  Notice of toll-free telephone number for

27  central abuse hotline registry.--On or before the first day

28  home medical equipment is delivered to the patient's home, any

29  home medical equipment provider licensed under this part must

30  inform the consumer and his or her immediate family, if

31  appropriate, of the right to report abusive, neglectful, or

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  1  exploitative practices. The statewide toll-free telephone

  2  number for the central abuse hotline registry must be provided

  3  to consumers in a manner that is clearly legible and must

  4  include the words:  "To report abuse, neglect, or

  5  exploitation, please call toll-free 1-800-962-2873." Home

  6  medical equipment providers shall establish appropriate

  7  policies and procedures for providing such notice to

  8  consumers.

  9         Section 75.  Subsections (3), (4), (5), and (6) and

10  paragraph (a) of subsection (7) of section 400.953, Florida

11  Statutes, are amended to read:

12         400.953  Background screening of home medical equipment

13  provider personnel.--The agency shall require employment

14  screening as provided in chapter 435, using the level 1

15  standards for screening set forth in that chapter, for home

16  medical equipment provider personnel.

17         (3)  Proof of compliance with the screening

18  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

19  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

20  985.407 or this part must be accepted in lieu of the

21  requirements of this section if the person has been

22  continuously employed in the same type of occupation for which

23  he or she is seeking employment without a breach in service

24  that exceeds 180 days, the proof of compliance is not more

25  than 2 years old, and the person has been screened through the

26  central abuse registry and tracking system of the department

27  and by the Department of Law Enforcement. An employer or

28  contractor shall directly provide proof of compliance to

29  another employer or contractor, and a potential employer or

30  contractor may not accept any proof of compliance directly

31  from the person requiring screening. Proof of compliance with

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  1  the screening requirements of this section shall be provided,

  2  upon request, to the person screened by the home medical

  3  equipment provider.

  4         (4)  There is no monetary liability on the part of, and

  5  no cause of action for damages arising against, a licensed

  6  home medical equipment provider that, upon notice that an

  7  employee has been found guilty of, regardless of adjudication,

  8  or entered a plea of nolo contendere or guilty to, any offense

  9  prohibited under s. 435.03 or under any similar statute of

10  another jurisdiction of a confirmed report of adult abuse,

11  neglect, or exploitation under chapter 415, terminates the

12  employee against whom the report was issued, whether or not

13  the employee has filed for an exemption with the agency and

14  whether or not the time for filing has expired.

15         (5)  The costs of processing the statewide

16  correspondence criminal records checks and the search of the

17  department's central abuse registry must be borne by the home

18  medical equipment provider or by the person being screened, at

19  the discretion of the home medical equipment provider.

20         (6)  Neither the agency nor the home medical equipment

21  provider may use the criminal records or, juvenile records, or

22  central abuse registry information of a person for any purpose

23  other than determining whether that person meets minimum

24  standards of good moral character for home medical equipment

25  provider personnel.

26         (7)(a)  It is a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083, for any

28  person willfully, knowingly, or intentionally to:

29         1.  Fail, by false statement, misrepresentation,

30  impersonation, or other fraudulent means, to disclose in any

31  application for paid employment a material fact used in making

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  1  a determination as to the person's qualifications to be an

  2  employee under this section;

  3         2.  Operate or attempt to operate an entity licensed

  4  under this part with persons who do not meet the minimum

  5  standards for good moral character as contained in this

  6  section; or

  7         3.  Use information from the criminal records or

  8  central abuse registry obtained under this section for any

  9  purpose other than screening that person for employment as

10  specified in this section, or release such information to any

11  other person for any purpose other than screening for

12  employment under this section.

13         Section 76.  Subsection (1) of section 400.955, Florida

14  Statutes, is amended to read:

15         400.955  Procedures for screening of home medical

16  equipment provider personnel.--

17         (1)  A person employed by a home medical equipment

18  provider shall, within 5 working days after starting to work,

19  submit to the home medical equipment provider a complete set

20  of information necessary to conduct a screening under this

21  section. The person must sign an affidavit stating whether he

22  or she meets the minimum standards for good moral character

23  under this section. The home medical equipment provider shall

24  submit the information to the Department of Law Enforcement

25  and to the department's central abuse registry and tracking

26  system for processing. If disposition information is missing

27  on a criminal record, it is the responsibility of the person

28  being screened to obtain and supply the missing information

29  within 30 days. Failure to supply the missing information or

30  to show reasonable efforts to obtain such information will

31  result in automatic disqualification for employment.

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  1         Section 77.  Paragraph (d) of subsection (10) of

  2  section 400.962, Florida Statutes, is amended to read:

  3         400.962  License required; license application.--

  4         (10)

  5         (d)  A provisional license may be granted to an

  6  applicant when each individual required by this section to

  7  undergo background screening has met the standards for the

  8  abuse registry background check and the Department of Law

  9  Enforcement background check, but the agency has not yet

10  received background screening results from the Federal Bureau

11  of Investigation, or a request for a disqualification

12  exemption has been submitted to the agency as set forth in

13  chapter 435, but a response has not yet been issued. A license

14  may be granted to the applicant upon the agency's receipt of a

15  report of the results of the Federal Bureau of Investigation

16  background screening for each individual required by this

17  section to undergo background screening which confirms that

18  all standards have been met, or upon the granting of a

19  disqualification exemption by the agency as set forth in

20  chapter 435. Any other person who is required to undergo level

21  2 background screening may serve in his or her capacity

22  pending the agency's receipt of the report from the Federal

23  Bureau of Investigation; however, the person may not continue

24  to serve if the report indicates any violation of background

25  screening standards and a disqualification exemption has not

26  been granted by the agency as set forth in chapter 435.

27         Section 78.  Subsections (4) and (8) of section

28  400.964, Florida Statutes, are amended to read:

29         400.964  Personnel screening requirement.--

30         (4)  The applicant is responsible for paying the fees

31  associated with obtaining the required screening. Payment for

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  1  the screening and the abuse registry check must be submitted

  2  to the agency as prescribed by the agency.

  3         (8)  There is no monetary or unemployment liability on

  4  the part of, and no cause of action for damages arises against

  5  an employer that, upon notice of a disqualifying offense

  6  listed under chapter 435 or a confirmed report of abuse,

  7  neglect, or exploitation or an act of domestic violence,

  8  terminates the employee against whom the report was issued,

  9  whether or not the employee has filed for an exemption with

10  the Department of Health or the Agency for Health Care

11  Administration.

12         Section 79.  Paragraph (d) of subsection (2) of section

13  402.3025, Florida Statutes, is amended to read:

14         402.3025  Public and nonpublic schools.--For the

15  purposes of ss. 402.301-402.319, the following shall apply:

16         (2)  NONPUBLIC SCHOOLS.--

17         (d)1.  Programs for children who are at least 3 years

18  of age, but under 5 years of age, which are not licensed under

19  ss. 402.301-402.319 shall substantially comply with the

20  minimum child care standards promulgated pursuant to ss.

21  402.305-402.3057.

22         2.  The department or local licensing agency shall

23  enforce compliance with such standards, where possible, to

24  eliminate or minimize duplicative inspections or visits by

25  staff enforcing the minimum child care standards and staff

26  enforcing other standards under the jurisdiction of the

27  department.

28         3.  The department or local licensing agency may

29  commence and maintain all proper and necessary actions and

30  proceedings for any or all of the following purposes:

31

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  1         a.  To protect the health, sanitation, safety, and

  2  well-being of all children under care.

  3         b.  To enforce its rules and regulations.

  4         c.  To use corrective action plans, whenever possible,

  5  to attain compliance prior to the use of more restrictive

  6  enforcement measures.

  7         d.  To make application for injunction to the proper

  8  circuit court, and the judge of that court shall have

  9  jurisdiction upon hearing and for cause shown to grant a

10  temporary or permanent injunction, or both, restraining any

11  person from violating or continuing to violate any of the

12  provisions of ss. 402.301-402.319. Any violation of this

13  section or of the standards applied under ss. 402.305-402.3057

14  which threatens harm to any child in the school's programs for

15  children who are at least 3 years of age, but are under 5

16  years of age, or repeated violations of this section or the

17  standards under ss. 402.305-402.3057, shall be grounds to seek

18  an injunction to close a program in a school.

19         e.  To impose an administrative fine, not to exceed

20  $100, for each violation of the minimum child care standards

21  promulgated pursuant to ss. 402.305-402.3057.

22         4.  It is a misdemeanor of the first degree, punishable

23  as provided in s. 775.082 or s. 775.083, for any person

24  willfully, knowingly, or intentionally to:

25         a.  Fail, by false statement, misrepresentation,

26  impersonation, or other fraudulent means, to disclose in any

27  required written documentation for exclusion from licensure

28  pursuant to this section a material fact used in making a

29  determination as to such exclusion; or

30         b.  Use information from the criminal records or

31  central abuse registry obtained under s. 402.305 or s.

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  1  402.3055 for any purpose other than screening that person for

  2  employment as specified in those sections or release such

  3  information to any other person for any purpose other than

  4  screening for employment as specified in those sections.

  5         5.  It is a felony of the third degree, punishable as

  6  provided in s. 775.082, s. 775.083, or s. 775.084, for any

  7  person willfully, knowingly, or intentionally to use

  8  information from the juvenile records of any person obtained

  9  under s. 402.305 or s. 402.3055 for any purpose other than

10  screening for employment as specified in those sections or to

11  release information from such records to any other person for

12  any purpose other than screening for employment as specified

13  in those sections.

14         Section 80.  Paragraph (c) of subsection (5) of section

15  402.3125, Florida Statutes, is amended to read:

16         402.3125  Display and appearance of license; posting of

17  violations; information to be provided to parents.--

18         (5)  The department shall develop a model brochure for

19  distribution by the department and by local licensing agencies

20  to every child care facility in the state.  Pursuant thereto:

21         (c)  The brochure shall, at a minimum, contain the

22  following information:

23         1.  A statement that the facility is licensed and has

24  met state standards for licensure as established by s. 402.305

25  or that the facility is licensed by a local licensing agency

26  and has met or exceeded the state standards, pursuant to ss.

27  402.306 and 402.307. Such statement shall include a listing of

28  specific standards that licensed facilities must meet pursuant

29  to s. 402.305.

30         2.  A statement indicating that information about the

31  licensure status of the child care facility can be obtained by

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  1  telephoning the department office or the office of the local

  2  licensing agency issuing the license at a telephone number or

  3  numbers which shall be printed upon or otherwise affixed to

  4  the brochure.

  5         3.  The statewide toll-free telephone number of the

  6  central Florida abuse hotline Registry, together with a notice

  7  that reports of suspected and actual cases of child physical

  8  abuse, sexual abuse, and neglect are received and referred for

  9  investigation by the hotline registry.

10         4.  The date that the current license for the facility

11  was issued and the date of its scheduled expiration if it is

12  not renewed.

13         5.  Any other information relating to competent child

14  care that the department deems would be helpful to parents and

15  other caretakers in their selection of a child care facility.

16         Section 81.  Paragraph (d) of subsection (6) of section

17  402.313, Florida Statutes, is amended to read:

18         402.313  Family day care homes.--

19         (6)  The department shall prepare a brochure on family

20  day care for distribution by the department and by local

21  licensing agencies, if appropriate, to family day care homes

22  for distribution to parents utilizing such child care, and to

23  all interested persons, including physicians and other health

24  professionals; mental health professionals; school teachers or

25  other school personnel; social workers or other professional

26  child care, foster care, residential, or institutional

27  workers; and law enforcement officers. The brochure shall, at

28  a minimum, contain the following information:

29         (d)  The statewide toll-free telephone number of the

30  central Florida abuse hotline Registry, together with a notice

31  that reports of suspected and actual child physical abuse,

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  1  sexual abuse, and neglect are received and referred for

  2  investigation by the hotline registry.

  3         Section 82.  Paragraph (b) of subsection (11) of

  4  section 409.175, Florida Statutes, is amended to read:

  5         409.175  Licensure of family foster homes, residential

  6  child-caring agencies, and child-placing agencies.--

  7         (11)

  8         (b)  It is unlawful for any person, agency, summer day

  9  camp, or summer 24-hour camp providing care for children to:

10         1.  Willfully or intentionally fail to comply with the

11  requirements for the screening of personnel or the dismissal

12  of personnel found not to be in compliance with the

13  requirements for good moral character as specified in

14  paragraph (4)(a).

15         2.  Use information from the criminal records or

16  central abuse registry obtained under this section for any

17  purpose other than screening a person for employment as

18  specified in this section or to release such information to

19  any other person for any purpose other than screening for

20  employment as specified in this section.

21         Section 83.  Subsection (29) of section 409.912,

22  Florida Statutes, is amended to read:

23         409.912  Cost-effective purchasing of health care.--The

24  agency shall purchase goods and services for Medicaid

25  recipients in the most cost-effective manner consistent with

26  the delivery of quality medical care.  The agency shall

27  maximize the use of prepaid per capita and prepaid aggregate

28  fixed-sum basis services when appropriate and other

29  alternative service delivery and reimbursement methodologies,

30  including competitive bidding pursuant to s. 287.057, designed

31  to facilitate the cost-effective purchase of a case-managed

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  1  continuum of care. The agency shall also require providers to

  2  minimize the exposure of recipients to the need for acute

  3  inpatient, custodial, and other institutional care and the

  4  inappropriate or unnecessary use of high-cost services.

  5         (29)  Each managed care plan that is under contract

  6  with the agency to provide health care services to Medicaid

  7  recipients shall annually conduct a background check with the

  8  Florida Department of Law Enforcement of all persons with

  9  ownership interest of 5 percent or more or executive

10  management responsibility for the managed care plan and shall

11  submit to the agency information concerning any such person

12  who has been found guilty of, regardless of adjudication, or

13  has entered a plea of nolo contendere or guilty to, any of the

14  offenses listed in s. 435.03 or has a confirmed report of

15  abuse, neglect, or exploitation pursuant to chapter 415.

16         Section 84.  Subsection (5) of section 430.205, Florida

17  Statutes, is amended to read:

18         430.205  Community care service system.--

19         (5)  Any person who has been classified as a

20  functionally impaired elderly person is eligible to receive

21  community-care-for-the-elderly core services. Those elderly

22  persons who are determined by adult protective investigations

23  services to be vulnerable adults elderly persons in need of

24  services, pursuant to s. 415.104(3)(b) 415.1045(2)(b), or to

25  be victims of abuse, neglect, or exploitation who are in need

26  of immediate services to prevent further harm and are referred

27  by the adult protective services program, shall be given

28  primary consideration for receiving

29  community-care-for-the-elderly services. As used in this

30  subsection, "primary consideration" means that an assessment

31  and services must commence within 72 hours after referral to

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  1  the department or as established in accordance with department

  2  contracts by local protocols developed between department

  3  service providers and the adult protective services program.

  4         Section 85.  Subsection (1) of section 447.208, Florida

  5  Statutes, is amended to read:

  6         447.208  Procedure with respect to certain appeals

  7  under s. 447.207.--

  8         (1)  Any person filing an appeal pursuant to subsection

  9  (8) or subsection (9) of s. 447.207 shall be entitled to a

10  hearing pursuant to subsections (4) and (5) of s. 447.503 and

11  in accordance with chapter 120; however, the hearing shall be

12  conducted within 30 days of the filing of an appeal with the

13  commission, unless an extension of time is granted by the

14  commission for good cause or unless the basis for the appeal

15  is an allegation of abuse or neglect under s. 415.1075, in

16  which case the hearing by the Public Employees Relations

17  Commission may not be held until the confirmed report of abuse

18  or neglect has been upheld pursuant to the procedures for

19  appeal in s. 415.1075. Discovery may be granted only upon a

20  showing of extraordinary circumstances. A party requesting

21  discovery shall demonstrate a substantial need for the

22  information requested and an inability to obtain relevant

23  information by other means.  To the extent that chapter 120 is

24  inconsistent with these provisions, the procedures contained

25  in this section shall govern.

26         Section 86.  Section 447.401, Florida Statutes, is

27  amended to read:

28         447.401  Grievance procedures.--Each public employer

29  and bargaining agent shall negotiate a grievance procedure to

30  be used for the settlement of disputes between employer and

31  employee, or group of employees, involving the interpretation

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  1  or application of a collective bargaining agreement.  Such

  2  grievance procedure shall have as its terminal step a final

  3  and binding disposition by an impartial neutral, mutually

  4  selected by the parties; however, when the issue under appeal

  5  is an allegation of abuse, abandonment, or neglect by an

  6  employee under s. 39.201 or s. 415.1034 s. 415.1075, the

  7  grievance may not be decided until the abuse, abandonment, or

  8  neglect of a child has been judicially determined or until a

  9  confirmed report of abuse or neglect of a disabled adult or

10  elderly person has been upheld pursuant to the procedures for

11  appeal in s. 415.1075.  However, an arbiter or other neutral

12  shall not have the power to add to, subtract from, modify, or

13  alter the terms of a collective bargaining agreement.  If an

14  employee organization is certified as the bargaining agent of

15  a unit, the grievance procedure then in existence may be the

16  subject of collective bargaining, and any agreement which is

17  reached shall supersede the previously existing procedure.

18  All public employees shall have the right to a fair and

19  equitable grievance procedure administered without regard to

20  membership or nonmembership in any organization, except that

21  certified employee organizations shall not be required to

22  process grievances for employees who are not members of the

23  organization.  A career service employee shall have the option

24  of utilizing the civil service appeal procedure, an unfair

25  labor practice procedure, or a grievance procedure established

26  under this section, but such employee is precluded from

27  availing himself or herself to more than one of these

28  procedures.

29         Section 87.  Subsection (5) of section 455.712, Florida

30  Statutes, is amended to read:

31

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  1         455.712  Business establishments; requirements for

  2  active status licenses.--

  3         (5)  This section applies to any business establishment

  4  registered, permitted, or licensed by the department to do

  5  business. Business establishments include, but are not limited

  6  to, dental laboratories, electrology facilities, massage

  7  establishments, and pharmacies, and health care services

  8  pools.

  9         Section 88.  Paragraph (e) of subsection (1) of section

10  464.018, Florida Statutes, is amended to read:

11         464.018  Disciplinary actions.--

12         (1)  The following acts shall be grounds for

13  disciplinary action set forth in this section:

14         (e)  Having been found guilty of, regardless of

15  adjudication, or entered a plea of nolo contendere or guilty

16  to, any offense prohibited under s. 435.03 or under any

17  similar statute of another jurisdiction a confirmed report of

18  abuse, neglect, or exploitation as defined in s. 415.102(6)

19  which has been uncontested or upheld under the procedures of

20  s. 415.1075; or having committed an act which constitutes

21  domestic violence as defined in s. 741.28.

22         Section 89.  Paragraph (f) of subsection (4) of section

23  468.520, Florida Statutes, is amended to read:

24         468.520  Definitions.--As used in this part:

25         (4)  "Employee leasing" means an arrangement whereby a

26  leasing company assigns its employees to a client and

27  allocates the direction of and control over the leased

28  employees between the leasing company and the client. The term

29  does not include the following:

30

31

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  1         (f)  A health care services pool licensed under s.

  2  400.980 402.48, unless otherwise engaged in business as an

  3  employee leasing company.

  4         Section 90.  Section 468.826, Florida Statutes, is

  5  amended to read:

  6         468.826  Exemption from liability.--If an employer

  7  terminates or denies employment to a certified nursing

  8  assistant whose certification is inactive as shown on the

  9  certified nursing assistant registry or whose name appears on

10  the central abuse registry and tracking system of the

11  Department of Children and Family Services or on a criminal

12  screening report of the Department of Law Enforcement, the

13  employer is not civilly liable for such termination and a

14  cause of action may not be brought against the employer for

15  damages, regardless of whether the employee has filed for an

16  exemption from the department under s. 468.824(1). There may

17  not be any monetary liability on the part of, and a cause of

18  action for damages may not arise against, any licensed

19  facility, its governing board or members thereof, medical

20  staff, disciplinary board, agents, investigators, witnesses,

21  employees, or any other person for any action taken in good

22  faith without intentional fraud in carrying out this section.

23         Section 91.  Subsections (1) and (2) of section

24  468.828, Florida Statutes, are amended to read:

25         468.828  Background screening information; rulemaking

26  authority.--

27         (1)  The Agency for Health Care Administration shall

28  allow the department to electronically access its background

29  screening database and records, and the Department of Children

30  and Family Services shall allow the department to

31

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  1  electronically access its central abuse registry and tracking

  2  system under chapter 415.

  3         (2)  An employer, or an agent thereof, may not use

  4  criminal records or, juvenile records, or information obtained

  5  from the central abuse hotline under chapter 415 for any

  6  purpose other than determining if the person meets the

  7  requirements of this part. Such records and information

  8  obtained by the department shall remain confidential and

  9  exempt from s. 119.07(1).

10         Section 92.  Paragraph (d) of subsection (2) of section

11  483.101, Florida Statutes, is amended to read:

12         483.101  Application for clinical laboratory license.--

13         (2)  Each applicant for licensure must comply with the

14  following requirements:

15         (d)  A provisional license may be granted to an

16  applicant when each individual required by this section to

17  undergo background screening has met the standards for the

18  abuse registry background check and the Department of Law

19  Enforcement background check but the agency has not yet

20  received background screening results from the Federal Bureau

21  of Investigation, or a request for a disqualification

22  exemption has been submitted to the agency as set forth in

23  chapter 435 but a response has not yet been issued. A license

24  may be granted to the applicant upon the agency's receipt of a

25  report of the results of the Federal Bureau of Investigation

26  background screening for each individual required by this

27  section to undergo background screening which confirms that

28  all standards have been met, or upon the granting of a

29  disqualification exemption by the agency as set forth in

30  chapter 435. Any other person who is required to undergo level

31  2 background screening may serve in his or her capacity

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  1  pending the agency's receipt of the report from the Federal

  2  Bureau of Investigation. However, the person may not continue

  3  to serve if the report indicates any violation of background

  4  screening standards and a disqualification exemption has not

  5  been requested of and granted by the agency as set forth in

  6  chapter 435.

  7         Section 93.  Paragraph (d) of subsection (2) of section

  8  483.30, Florida Statutes, is amended to read:

  9         483.30  Licensing of centers.--

10         (2)  Each applicant for licensure must comply with the

11  following requirements:

12         (d)  A provisional license may be granted to an

13  applicant when each individual required by this section to

14  undergo background screening has met the standards for the

15  abuse registry background check and the Department of Law

16  Enforcement background check, but the agency has not yet

17  received background screening results from the Federal Bureau

18  of Investigation, or a request for a disqualification

19  exemption has been submitted to the agency as set forth in

20  chapter 435 but a response has not yet been issued. A license

21  may be granted to the applicant upon the agency's receipt of a

22  report of the results of the Federal Bureau of Investigation

23  background screening for each individual required by this

24  section to undergo background screening which confirms that

25  all standards have been met, or upon the granting of a

26  disqualification exemption by the agency as set forth in

27  chapter 435. Any other person who is required to undergo level

28  2 background screening may serve in his or her capacity

29  pending the agency's receipt of the report from the Federal

30  Bureau of Investigation. However, the person may not continue

31  to serve if the report indicates any violation of background

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  1  screening standards and a disqualification exemption has not

  2  been requested of and granted by the agency as set forth in

  3  chapter 435.

  4         Section 94.  Paragraph (a) of subsection (2) of section

  5  509.032, Florida Statutes, is amended to read:

  6         509.032  Duties.--

  7         (2)  INSPECTION OF PREMISES.--

  8         (a)  The division has responsibility and jurisdiction

  9  for all inspections required by this chapter.  The division

10  has responsibility for quality assurance.  Each licensed

11  establishment shall be inspected at least biannually and at

12  such other times as the division determines is necessary to

13  ensure the public's health, safety, and welfare.  The division

14  shall establish a system to determine inspection frequency.

15  Public lodging units classified as resort condominiums or

16  resort dwellings are not subject to this requirement, but

17  shall be made available to the division upon request.  If,

18  during the inspection of a public lodging establishment

19  classified for renting to transient or nontransient tenants,

20  an inspector identifies vulnerable disabled adults or elderly

21  persons who appear to be victims of neglect, as defined in s.

22  415.102, or, in the case of a building that is not equipped

23  with automatic sprinkler systems, tenants or clients who may

24  be unable to self-preserve in an emergency, the division shall

25  convene meetings with the following agencies as appropriate to

26  the individual situation: the Department of Health, the

27  Department of Elderly Affairs, the area agency on aging, the

28  local fire marshal, the landlord and affected tenants and

29  clients, and other relevant organizations, to develop a plan

30  which improves the prospects for safety of affected residents

31  and, if necessary, identifies alternative living arrangements

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  1  such as facilities licensed under part II or part III of

  2  chapter 400.

  3         Section 95.  Subsection (3) of section 744.309, Florida

  4  Statutes, is amended to read:

  5         744.309  Who may be appointed guardian of a resident

  6  ward.--

  7         (3)  DISQUALIFIED PERSONS.--No person who has been

  8  convicted of a felony or who, from any incapacity or illness,

  9  is incapable of discharging the duties of a guardian, or who

10  is otherwise unsuitable to perform the duties of a guardian,

11  shall be appointed to act as guardian.  Further, no person who

12  has been judicially determined to have committed abuse,

13  abandonment, or neglect against a child as defined in s. 39.01

14  or s. 984.03(1), (2), and (39), or who has been found guilty

15  of, regardless of adjudication, or entered a plea of nolo

16  contendere or guilty to, any offense prohibited under s.

17  435.03 or under any similar statute of another jurisdiction, a

18  confirmed report of abuse, neglect, or exploitation which has

19  been uncontested or upheld pursuant to the provisions of ss.

20  415.104 and 415.1075 shall be appointed to act as a guardian.

21  Except as provided in subsection (5) or subsection (6), a

22  person who provides substantial services to the proposed ward

23  in a professional or business capacity, or a creditor of the

24  proposed ward, may not be appointed guardian and retain that

25  previous professional or business relationship.  A person may

26  not be appointed a guardian if he or she is in the employ of

27  any person, agency, government, or corporation that provides

28  service to the proposed ward in a professional or business

29  capacity, except that a person so employed may be appointed if

30  he or she is the spouse, adult child, parent, or sibling of

31  the proposed ward or the court determines that the potential

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  1  conflict of interest is insubstantial and that the appointment

  2  would clearly be in the proposed ward's best interest. The

  3  court may not appoint a guardian in any other circumstance in

  4  which a conflict of interest may occur.

  5         Section 96.  Subsection (12) of section 744.474,

  6  Florida Statutes, is amended to read:

  7         744.474  Reasons for removal of guardian.--A guardian

  8  may be removed for any of the following reasons, and the

  9  removal shall be in addition to any other penalties prescribed

10  by law:

11         (12)  Having been found guilty of, regardless of

12  adjudication, or entered a plea of nolo contendere or guilty

13  to, any offense prohibited under s. 435.03 or under any

14  similar statute of another jurisdiction A confirmed report

15  pursuant to a protective investigation made by the Department

16  of Children and Family Services, which has been uncontested or

17  has been upheld, in accordance with s. 415.1075, that the

18  guardian has abused, neglected, or exploited the ward.

19         Section 97.  Section 744.7081, Florida Statutes, is

20  amended to read:

21         744.7081  Access to records by Statewide Public

22  Guardianship Office; confidentiality.--Notwithstanding any

23  other provision of law to the contrary, any medical,

24  financial, or mental health records held by an agency, or the

25  court and its agencies, which are necessary to evaluate the

26  public guardianship system, to assess the need for additional

27  public guardianship, or to develop required reports, shall be

28  provided to the Statewide Public Guardianship Office upon that

29  office's request. Any confidential or exempt information

30  provided to the Statewide Public Guardianship Office shall

31  continue to be held confidential or exempt as otherwise

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  1  provided by law. All records held by the Statewide Public

  2  Guardianship Office relating to the medical, financial, or

  3  mental health of vulnerable citizens who are elderly persons

  4  or disabled adults as defined in chapter 415, persons with a

  5  developmental disability as defined in chapter 393, or persons

  6  with a mental illness as defined in chapter 394, shall be

  7  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

  8  of the State Constitution. This section is subject to the Open

  9  Government Sunset Review Act of 1995 in accordance with s.

10  119.15, and shall stand repealed on October 2, 2004, unless

11  reviewed and saved from repeal through reenactment by the

12  Legislature.

13         Section 98.  Paragraph (a) of subsection (6) of section

14  775.21, Florida Statutes, is amended to read:

15         775.21  The Florida Sexual Predators Act; definitions;

16  legislative findings, purpose, and intent; criteria;

17  designation; registration; community and public notification;

18  immunity; penalties.--

19         (6)  REGISTRATION.--

20         (a)  A sexual predator must register with the

21  department by providing the following information to the

22  department:

23         1.  Name, social security number, age, race, sex, date

24  of birth, height, weight, hair and eye color, photograph,

25  address of legal residence and address of any current

26  temporary residence, including a rural route address and a

27  post office box, date and place of any employment, date and

28  place of each conviction, fingerprints, and a brief

29  description of the crime or crimes committed by the offender.

30  A post office box shall not be provided in lieu of a physical

31  residential address. If the sexual predator's place of

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  1  residence is a motor vehicle, trailer, mobile home, or

  2  manufactured home, as defined in chapter 320, the sexual

  3  predator shall also provide to the department written notice

  4  of the vehicle identification number; the license tag number;

  5  the registration number; and a description, including color

  6  scheme, of the motor vehicle, trailer, mobile home, or

  7  manufactured home. If a sexual predator's place of residence

  8  is a vessel, live-aboard vessel, or houseboat, as defined in

  9  chapter 327, the sexual predator shall also provide to the

10  department written notice of the hull identification number;

11  the manufacturer's serial number; the name of the vessel,

12  live-aboard vessel, or houseboat; the registration number; and

13  a description, including color scheme, of the vessel,

14  live-aboard vessel, or houseboat.

15         2.  Any other information determined necessary by the

16  department, including criminal and corrections records;

17  nonprivileged personnel and, treatment, and abuse registry

18  records; and evidentiary genetic markers when available.

19         Section 99.  Paragraph (e) of subsection (5) of section

20  916.107, Florida Statutes, is amended to read:

21         916.107  Rights of forensic clients.--

22         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

23         (e)  Each client committed pursuant to this chapter

24  shall have ready access to a telephone in order to report an

25  alleged abuse.  The facility or program staff shall orally and

26  in writing inform each client of the procedure for reporting

27  abuse and shall present the information in a language the

28  client understands.  A written copy of that procedure,

29  including the telephone number of the central abuse hotline

30  registry and reporting forms, shall be posted in plain view.

31

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  1         Section 100.  Paragraph (a) of subsection (4) of

  2  section 943.0585, Florida Statutes, is amended to read:

  3         943.0585  Court-ordered expunction of criminal history

  4  records.--The courts of this state have jurisdiction over

  5  their own procedures, including the maintenance, expunction,

  6  and correction of judicial records containing criminal history

  7  information to the extent such procedures are not inconsistent

  8  with the conditions, responsibilities, and duties established

  9  by this section.  Any court of competent jurisdiction may

10  order a criminal justice agency to expunge the criminal

11  history record of a minor or an adult who complies with the

12  requirements of this section.  The court shall not order a

13  criminal justice agency to expunge a criminal history record

14  until the person seeking to expunge a criminal history record

15  has applied for and received a certificate of eligibility for

16  expunction pursuant to subsection (2).  A criminal history

17  record that relates to a violation of chapter 794, s. 800.04,

18  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

19  violation enumerated in s. 907.041 may not be expunged,

20  without regard to whether adjudication was withheld, if the

21  defendant was found guilty of or pled guilty or nolo

22  contendere to the offense, or if the defendant, as a minor,

23  was found to have committed, or pled guilty or nolo contendere

24  to committing, the offense as a delinquent act. The court may

25  only order expunction of a criminal history record pertaining

26  to one arrest or one incident of alleged criminal activity,

27  except as provided in this section. The court may, at its sole

28  discretion, order the expunction of a criminal history record

29  pertaining to more than one arrest if the additional arrests

30  directly relate to the original arrest. If the court intends

31  to order the expunction of records pertaining to such

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  1  additional arrests, such intent must be specified in the

  2  order. A criminal justice agency may not expunge any record

  3  pertaining to such additional arrests if the order to expunge

  4  does not articulate the intention of the court to expunge a

  5  record pertaining to more than one arrest. This section does

  6  not prevent the court from ordering the expunction of only a

  7  portion of a criminal history record pertaining to one arrest

  8  or one incident of alleged criminal activity.  Notwithstanding

  9  any law to the contrary, a criminal justice agency may comply

10  with laws, court orders, and official requests of other

11  jurisdictions relating to expunction, correction, or

12  confidential handling of criminal history records or

13  information derived therefrom.  This section does not confer

14  any right to the expunction of any criminal history record,

15  and any request for expunction of a criminal history record

16  may be denied at the sole discretion of the court.

17         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

18  criminal history record of a minor or an adult which is

19  ordered expunged by a court of competent jurisdiction pursuant

20  to this section must be physically destroyed or obliterated by

21  any criminal justice agency having custody of such record;

22  except that any criminal history record in the custody of the

23  department must be retained in all cases. A criminal history

24  record ordered expunged that is retained by the department is

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution and not

27  available to any person or entity except upon order of a court

28  of competent jurisdiction. A criminal justice agency may

29  retain a notation indicating compliance with an order to

30  expunge.

31

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  1         (a)  The person who is the subject of a criminal

  2  history record that is expunged under this section or under

  3  other provisions of law, including former s. 893.14, former s.

  4  901.33, and former s. 943.058, may lawfully deny or fail to

  5  acknowledge the arrests covered by the expunged record, except

  6  when the subject of the record:

  7         1.  Is a candidate for employment with a criminal

  8  justice agency;

  9         2.  Is a defendant in a criminal prosecution;

10         3.  Concurrently or subsequently petitions for relief

11  under this section or s. 943.059;

12         4.  Is a candidate for admission to The Florida Bar;

13         5.  Is seeking to be employed or licensed by or to

14  contract with the Department of Children and Family Services

15  or the Department of Juvenile Justice or to be employed or

16  used by such contractor or licensee in a sensitive position

17  having direct contact with children, the developmentally

18  disabled, the aged, or the elderly as provided in s.

19  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

20  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

21  415.1075(4), s. 985.407, or chapter 400; or

22         6.  Is seeking to be employed or licensed by the Office

23  of Teacher Education, Certification, Staff Development, and

24  Professional Practices of the Department of Education, any

25  district school board, or any local governmental entity that

26  licenses child care facilities.

27         Section 101.  Paragraph (e) of subsection (4) of

28  section 985.05, Florida Statutes, is amended to read:

29         985.05  Court records.--

30

31

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  1         (4)  A court record of proceedings under this part is

  2  not admissible in evidence in any other civil or criminal

  3  proceeding, except that:

  4         (e)  Records of proceedings under this part may be used

  5  to prove disqualification pursuant to ss. 110.1127, 393.0655,

  6  394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and

  7  985.407, and for proof in a chapter 120 proceeding pursuant to

  8  s. 415.1075.

  9         Section 102.  Sections 415.1065, 415.1075, 415.1085,

10  and 415.109, Florida Statutes, are repealed.

11         Section 103.  There is hereby appropriated from the

12  Health Care Trust Fund to the Agency for Health Care

13  Administration one full-time equivalent position and $60,000

14  to implement the provisions of s. 400.980, Florida Statutes,

15  relating to the regulation of health care services pools, as

16  provided for in this act.

17         Section 104.  Except as otherwise provided herein, this

18  act shall take effect September 1, 2000.

19

20

21

22

23

24

25

26

27

28

29

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides employment screening requirements for hospice
  4    personnel and applicants for registration, managing
      employees, and financial officers of health care services
  5    pools. Provides penalties for certain misrepresentation,
      operation of such entities with persons who do not meet
  6    screening standards, and certain misuse of screening
      information. Revises operation of health care services
  7    pools, and transfers regulation from the Department of
      Health to the Agency for Health Care Administration.
  8    Revises and reorganizes provisions relating to the
      protection of vulnerable adults from abuse, neglect, and
  9    exploitation, and management, maintenance, and use of
      information relating to reports of such abuse, neglect,
10    and exploitation. Requires certain organizations that
      hire, contract with, or register for referral caregivers
11    of vulnerable adults, including nursing homes, assisted
      living facilities, adult day care facilities, adult
12    family-care homes, hospices, home health care agencies,
      nurse registries, intermediate care facilities for
13    developmentally disabled persons, developmental services
      institutions, mental health institutions, and agencies
14    providing temporary employees or contractors to such
      organizations, to obtain work history information from
15    the previous employers of applicants. Provides procedures
      therefor, and penalties for noncompliance by the
16    organization or the applicant. Provides for enforcement
      by the Agency for Health Care Administration. Requires
17    the agency to adopt rules. See bill for details.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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