House Bill 2259e2

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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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, 110.1127, 112.0455, 119.07, 232.50,

14         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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                                         HB 2259, Second Engrossed



  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

31


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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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

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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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

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                                         HB 2259, Second Engrossed



  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.

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                                         HB 2259, Second Engrossed



  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.

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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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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                                         HB 2259, Second Engrossed



  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)  Upon the request of the committee chairperson,

29  access to all records shall be granted to staff of the

30  legislative committees with jurisdiction over issues and

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


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                                         HB 2259, Second Engrossed



  1  All confidentiality provisions that apply to the Department of

  2  Children and Family Services continue to apply to the records

  3  made available to legislative staff under this subsection.

  4         (3)(2)  Access to all records, excluding the name of

  5  the reporter which shall be released only as provided in

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

  7  persons, officials, and agencies:

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

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

10  Elderly Affairs who are responsible for carrying out adult

11  protective investigations, ongoing adult protective services,

12  or licensure or approval of nursing homes, assisted living

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

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

15  for the placement of vulnerable disabled adults or elderly

16  persons.

17         (b)  A criminal justice agency investigating a report

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

19  vulnerable disabled adult or an elderly person.

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

21  which the vulnerable disabled adult or elderly person resides

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

23  occurred.

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

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

26  counsel, and any person who the department has determined

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

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

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

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

31  to inspection in camera, unless the court determines that


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                                         HB 2259, Second Engrossed



  1  public disclosure of the information contained in such records

  2  is necessary for the resolution of an issue then pending

  3  before it.

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

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

  6  official business.

  7         (g)  Any appropriate official of the human rights

  8  advocacy committee or long-term care ombudsman council

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

10  or exploitation of a vulnerable disabled adult or an elderly

11  person.

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

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

14  Elderly Affairs who is responsible for:

15         1.  Administration or supervision of the programs for

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

17  neglect, or exploitation of vulnerable adults when carrying

18  out an official function; or

19         2.  Taking appropriate administrative action concerning

20  an employee alleged to have perpetrated institutional abuse,

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

22  institution or an elderly person.

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

24  auditing. However, information identifying the subjects of the

25  report must not be made available to the researcher.

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

27  that has jurisdiction comparable to the jurisdiction described

28  in paragraph (a).

29         (k)  The Public Employees Relations Commission for the

30  sole purpose of obtaining evidence for appeals filed pursuant

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


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                                         HB 2259, Second Engrossed



  1  all information that specifically identifies persons other

  2  than the employee.

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

  4  vulnerable disabled adult or elderly person determined to be a

  5  result of abuse, neglect, or exploitation. Information

  6  identifying the person reporting abuse, neglect, or

  7  exploitation shall not be released. Any information otherwise

  8  made confidential or exempt by law shall not be released

  9  pursuant to this paragraph.

10         (3)  The Division of Administrative Hearings may have

11  access to a proposed confirmed or a confirmed report,

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

13  administrative challenge relating to a proposed confirmed or

14  confirmed report.

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

16  Business and Professional Regulation, and the Agency for

17  Health Care Administration may have access to a confirmed

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

19  taking disciplinary action against a licensee or certified

20  nursing assistant pursuant to allegations for actions that

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

22  exploitation which has been upheld following a chapter 120

23  hearing or a waiver of such proceedings.

24         (5)  The department may release to any professional

25  person such information as is necessary for the diagnosis and

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

27  adult or an elderly person or the person perpetrating the

28  abuse, neglect, or exploitation.

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

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

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


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                                         HB 2259, Second Engrossed



  1  other than employees of the department responsible for adult

  2  protective services, the central abuse hotline registry and

  3  tracking system, or the appropriate state attorney or law

  4  enforcement agency.  This subsection grants protection only

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

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

  7  reporter. This subsection does not prohibit the subpoena of a

  8  person reporting the adult abuse, neglect, or exploitation

  9  when deemed necessary by the state attorney or the department

10  to protect a vulnerable disabled adult or an elderly person

11  who is the subject of a report, if the fact that the person

12  made the report is not disclosed.

13         (7)  For the purposes of this section, the term

14  "access" means a visual inspection or copy of the hard-copy

15  record maintained in the district.

16         (8)  Information in the central abuse hotline may not

17  be used for employment screening.

18         (8)  The department, upon receipt of the applicable

19  fee, shall search its central abuse registry and tracking

20  system records pursuant to the requirements of ss. 110.1127,

21  393.0655, 394.457, 397.451, 400.506, 400.509, 400.512,

22  402.305(1), 402.3055, 402.313, 409.175, 409.176, and 985.407

23  for the existence of a confirmed report made on the personnel

24  as defined in the foregoing provisions. The department shall

25  report the existence of any confirmed report and advise the

26  authorized licensing agency, applicant for licensure, or other

27  authorized agency or person of the results of the search and

28  the date of the report. Prior to a search being conducted, the

29  department or its designee shall notify such person that an

30  inquiry will be made. The department shall notify each person

31


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                                         HB 2259, Second Engrossed



  1  for whom a search is conducted of the results of the search

  2  upon request.

  3         (9)  Upon receipt of the applicable fee and with the

  4  written consent of a person applying to work with disabled

  5  adults or elderly persons, the department shall search its

  6  central abuse registry and tracking system for the existence

  7  of a confirmed report.  The department shall advise the

  8  employer and the person of any such report found and the

  9  results of the investigation.

10         (10)  The department may charge a user fee to an

11  employer or the agency in charge of a volunteer, whichever is

12  applicable, for a search of the central abuse registry and

13  tracking system of up to one-third of the actual cost of the

14  screening process.  All fees received by the department under

15  this section shall be deposited in an administrative trust

16  fund of the department and may be expended only for the

17  caregiver screening program.

18         Section 18.  Section 415.1102, Florida Statutes, is

19  amended to read:

20         415.1102  Adult protection teams; services; eligible

21  cases.--Subject to an appropriation, the department may

22  develop, maintain, and coordinate the services of one or more

23  multidisciplinary adult protection teams in each of the

24  districts of the department. Such teams may be composed of,

25  but need not be limited to, representatives of appropriate

26  health, mental health, social service, legal service, and law

27  enforcement agencies.

28         (1)  The department shall utilize and convene the teams

29  to supplement the protective services activities of the adult

30  protective services program of the department.  This section

31  does not prevent a person from reporting under s. 415.1034 all


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                                         HB 2259, Second Engrossed



  1  suspected or known cases of abuse, neglect, or exploitation of

  2  a vulnerable disabled adult or an elderly person.  The role of

  3  the teams is to support activities of the adult protective

  4  services program and to provide services deemed by the teams

  5  to be necessary and appropriate to abused, neglected, and

  6  exploited vulnerable disabled adults or elderly persons upon

  7  referral.  Services must be provided with the consent of the

  8  vulnerable disabled adult, or elderly person or that person's

  9  guardian, or through court order.  The specialized diagnostic

10  assessment, evaluation, coordination, and other supportive

11  services that an adult protection team must be capable of

12  providing include, but are not limited to:

13         (a)  Medical diagnosis and evaluation services,

14  including provision or interpretation of X rays and laboratory

15  tests, and related services, as needed, and documentation of

16  findings relative thereto.

17         (b)  Telephone consultation services in emergencies and

18  in other situations.

19         (c)  Medical evaluation related to abuse, neglect, or

20  exploitation as defined by department policy or rule.

21         (d)  Psychological and psychiatric diagnosis and

22  evaluation services for the disabled adult or elderly person.

23         (e)  Short-term psychological treatment.  It is the

24  intent of the Legislature that short-term psychological

25  treatment be limited to no more than 6 months' duration after

26  treatment is initiated.

27         (f)  Expert medical, psychological, and related

28  professional testimony in court cases.

29         (g)  Case staffings to develop, implement, and monitor

30  treatment plans for disabled adults and elderly persons whose

31  cases have been referred to the team.  An adult protection


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                                         HB 2259, Second Engrossed



  1  team may provide consultation with respect to a disabled adult

  2  or elderly person who has not been referred to the team.  The

  3  consultation must be provided at the request of a

  4  representative of the adult protective services program or at

  5  the request of any other professional involved with the

  6  disabled adult or elderly person or that person's guardian or

  7  other caregivers.  In every such adult protection team case

  8  staffing consultation or staff activity involving a disabled

  9  adult or elderly person, an adult protective services program

10  representative shall attend and participate.

11         (h)  Service coordination and assistance, including the

12  location of services available from other public and private

13  agencies in the community.

14         (i)  Such training services for program and other

15  department employees as is deemed appropriate to enable them

16  to develop and maintain their professional skills and

17  abilities in handling adult abuse, neglect, or exploitation

18  cases.

19         (j)  Education and community awareness campaigns on

20  adult abuse, neglect, or exploitation in an effort to enable

21  citizens to prevent, identify, and treat adult abuse, neglect,

22  and exploitation in the community more successfully.

23         (2)  The adult abuse, neglect, or exploitation cases

24  that are appropriate for referral by the adult protective

25  services program to adult protection teams for supportive

26  services include, but are not limited to, cases involving:

27         (a)  Unexplained or implausibly explained bruises,

28  burns, fractures, or other injuries in a disabled adult or an

29  elderly person.

30         (b)  Sexual abuse or molestation, or sexual

31  exploitation, of a disabled adult or elderly person.


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                                         HB 2259, Second Engrossed



  1         (c)  Reported medical, physical, or emotional neglect

  2  of a disabled adult or an elderly person.

  3         (d)  Reported financial exploitation of a disabled

  4  adult or elderly person.

  5

  6  In all instances in which an adult protection team is

  7  providing certain services to abused, neglected, or exploited

  8  vulnerable disabled adults or elderly persons, other offices

  9  and units of the department shall avoid duplicating the

10  provisions of those services.

11         Section 19.  Section 415.111, Florida Statutes, is

12  amended to read:

13         415.111  Criminal penalties.--

14         (1)  A person who knowingly and willfully fails to

15  report a case of known or suspected abuse, neglect, or

16  exploitation of a vulnerable disabled adult or an elderly

17  person, or who knowingly and willfully prevents another person

18  from doing so, commits a misdemeanor of the second degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         (2)  A person who knowingly and willfully makes public

21  or discloses any confidential information contained in the

22  central abuse hotline registry and tracking system, or in

23  other computer systems, or in the records of any case of

24  abuse, neglect, or exploitation of a vulnerable disabled adult

25  or elderly person, except as provided in ss. 415.101-415.113,

26  commits a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (3)  A person who has custody of records and documents

29  the confidentiality of which is abrogated under s.

30  415.1045(3)(5) and who refuses to grant access to such records

31


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                                         HB 2259, Second Engrossed



  1  commits a misdemeanor of the second degree, punishable as

  2  provided in s. 775.082 or s. 775.083.

  3         (4)  If the department or its authorized agent has

  4  determined after its investigation that a report is false, the

  5  department shall, with the consent of the alleged perpetrator,

  6  refer the reports to the local law enforcement agency having

  7  jurisdiction for an investigation to determine whether

  8  sufficient evidence exists to refer the case for prosecution

  9  for filing a false report as defined in s. 415.102. During the

10  pendency of the investigation by the local law enforcement

11  agency, the department must notify the local law enforcement

12  agency of, and the local law enforcement agency must respond

13  to, all subsequent reports concerning the same vulnerable

14  disabled adult or elderly person in accordance with s. 415.104

15  or s. 415.1045. If the law enforcement agency believes that

16  there are indicators of abuse, neglect, or exploitation, it

17  must immediately notify the department, which must assure the

18  safety of the vulnerable disabled adult or elderly person. If

19  the law enforcement agency finds sufficient evidence for

20  prosecution for filing a false report, it must refer the case

21  to the appropriate state attorney for prosecution.

22         (5)  A person who knowingly and willfully makes a false

23  report of abuse, neglect, or exploitation of a vulnerable

24  disabled adult or an elderly person, or a person who advises

25  another to make a false report, commits a felony of the third

26  degree, punishable as provided in s. 775.082 or s. 775.083.

27         (a)  The department shall establish procedures for

28  determining whether a false report of abuse, neglect, or

29  exploitation of a vulnerable disabled adult or an elderly

30  person has been made and for submitting all identifying

31  information relating to such a false report to the local law


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                                         HB 2259, Second Engrossed



  1  enforcement agency as provided in this subsection and shall

  2  report annually to the Legislature the number of reports

  3  referred.

  4         (b)  Anyone making a report who is acting in good faith

  5  is immune from any liability under this subsection.

  6         (6)  Each state attorney shall establish and publish

  7  procedures to facilitate the prosecution of persons under this

  8  section and shall report to the Legislature annually the

  9  number of complaints that have resulted in the filing of an

10  information or indictment under this section.

11         Section 20.  Section 415.1111, Florida Statutes, is

12  amended to read:

13         415.1111  Civil penalties.--

14         (1)  A person who is named as a perpetrator in a

15  confirmed report of abuse, neglect, or exploitation of a

16  disabled adult or an elderly person is subject to civil

17  penalties as follows:

18         (a)  For the first offense, a penalty of $250.

19         (b)  For the second offense, a penalty of $500.

20         (c)  For the third and subsequent offenses, a penalty

21  of $1,000 per occurrence.

22

23  Second and subsequent offenses may be for the same type of

24  abuse, neglect, or exploitation or for a different type, and

25  may be perpetrated upon the same or a different disabled adult

26  or elderly person.

27         (2)  All fines received by the department under this

28  section must be deposited in the Operations and Maintenance

29  Trust Fund within the department.  The Legislature shall

30  annually appropriate from the fund an amount that is no less

31


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                                         HB 2259, Second Engrossed



  1  than the amount deposited under this section, to be expended

  2  only for the adult protective services program.

  3         (1)(3)  A vulnerable adult who has been abused,

  4  neglected, or exploited disabled adult or an elderly person

  5  who has been named as a victim in a confirmed report of abuse,

  6  neglect, or exploitation as specified in this chapter part has

  7  a cause of action against any perpetrator named in the

  8  confirmed report and may recover actual and punitive damages

  9  for such abuse, neglect, or exploitation.  The action may be

10  brought by the vulnerable disabled adult or elderly person, or

11  that person's guardian, by a person or organization acting on

12  behalf of the vulnerable disabled adult or elderly person with

13  the consent of that person or that person's guardian, or by

14  the personal representative of the estate of a deceased victim

15  disabled adult or elderly person without regard to whether the

16  cause of death resulted from the abuse, neglect, or

17  exploitation. The action may be brought in any court of

18  competent jurisdiction to enforce such action and to recover

19  actual and punitive damages for any deprivation of or

20  infringement on the rights of a vulnerable disabled adult or

21  an elderly person.  A party who prevails in any such action

22  may be entitled to recover reasonable attorney's fees, costs

23  of the action, and damages.  The remedies provided in this

24  section are in addition to and cumulative with other legal and

25  administrative remedies available to a vulnerable disabled

26  adult or an elderly person.

27         Section 21.  Subsections (1), (2), and (5) of section

28  415.1113, Florida Statutes, are amended to read:

29         415.1113  Administrative fines for false report of

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

31  or an elderly person.--


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                                         HB 2259, Second Engrossed



  1         (1)  In addition to any other penalty authorized by

  2  this section, chapter 120, or other law, the department may

  3  impose a fine, not to exceed $10,000 for each violation, upon

  4  a person who knowingly and willfully makes a false report of

  5  abuse, neglect, or exploitation of a vulnerable disabled adult

  6  or an elderly person, or a person who counsels another to make

  7  a false report.

  8         (2)  If the department alleges that a person has

  9  knowingly and willfully filed a false report with the central

10  abuse hotline registry and tracking system, the department

11  must file a notice of intent that alleges the name, age, and

12  address of the individual; the facts constituting the

13  allegation that the individual made a false report; and the

14  administrative fine that the department proposes to impose on

15  the person.  Each time that a false report is made constitutes

16  a separate violation.

17         (5)  At the hearing, the department must prove by clear

18  and convincing evidence that the person knowingly and

19  willfully filed a false report with the central abuse hotline

20  registry and tracking system. The person has the right to be

21  represented by legal counsel at the hearing.

22         Section 22.  Section 415.113, Florida Statutes, is

23  amended to read:

24         415.113  Statutory construction; treatment by spiritual

25  means.--Nothing in ss. 415.101-415.112 shall be construed to

26  mean a person is abused, neglected, or in need of emergency or

27  protective services for the sole reason that the person relies

28  upon and is, therefore, being furnished treatment by spiritual

29  means through prayer alone in accordance with the tenets and

30  practices of a well-recognized recognized church or religious

31  denomination or organization; nor shall anything in such


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                                         HB 2259, Second Engrossed



  1  sections be construed to authorize, permit, or require any

  2  medical care or treatment in contravention of the stated or

  3  implied objection of such person. Such construction does not:

  4         (1)  Eliminate the requirement that such a case be

  5  reported to the department;

  6         (2)  Prevent the department from investigating such a

  7  case; or

  8         (3)  Preclude a court from ordering, when the health of

  9  the individual requires it, the provision of medical services

10  by a licensed physician or treatment by a duly accredited

11  practitioner who relies solely on spiritual means for healing

12  in accordance with the tenets and practices of a

13  well-recognized church or religious denomination or

14  organization.

15         Section 23.  Sections 435.01, 435.02, 435.03, 435.04,

16  435.045, 435.05, 435.06, 435.07, 435.08, 435.09, 435.10, and

17  435.11, Florida Statutes, are designated as part I of chapter

18  435, Florida Statutes.

19         Section 24.  Paragraph (a) of subsection (2) and

20  paragraph (a) of subsection (3) of section 435.03, Florida

21  Statutes, are amended to read:

22         435.03  Level 1 screening standards.--

23         (2)  Any person for whom employment screening is

24  required by statute must not have been found guilty of,

25  regardless of adjudication, or entered a plea of nolo

26  contendere or guilty to, any offense prohibited under any of

27  the following provisions of the Florida Statutes or under any

28  similar statute of another jurisdiction:

29         (a)  Section 415.111, relating to adult abuse, neglect,

30  or exploitation of a vulnerable adult aged persons or disabled

31  adults.


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                                         HB 2259, Second Engrossed



  1         (3)  Standards must also ensure that the person:

  2         (a)  For employees and employers licensed or registered

  3  pursuant to chapter 400, and for employees and employers of

  4  developmental services institutions as defined in s. 393.063,

  5  intermediate care facilities for the developmentally disabled

  6  as defined in s. 393.063, and mental health treatment

  7  facilities as defined in s. 394.455, meets the requirements of

  8  part II does not have a confirmed report of abuse, neglect, or

  9  exploitation as defined in s. 415.102(5), which has been

10  uncontested or upheld under s. 415.103.

11         Section 25.  Paragraphs (b) and (c) of subsection (1)

12  and subsection (2) of section 435.05, Florida Statutes, are

13  amended to read:

14         435.05  Requirements for covered employees.--Except as

15  otherwise provided by law, the following requirements shall

16  apply to covered employees:

17         (1)

18         (b)  For level 1 screening, the employer must submit

19  the information necessary for screening to the Florida

20  Department of Law Enforcement within 5 working days after

21  receiving it. The Florida Department of Law Enforcement will

22  conduct a search of its When required, the employer must at

23  the same time submit sufficient information to the Department

24  of Children and Family Services to complete a check of its

25  records relating to the abuse, neglect, and exploitation of

26  vulnerable adults.  The Florida Department of Law Enforcement

27  and the Department of Children and Family Services will

28  conduct searches of their records and will respond to the

29  employer agency.  The employer will inform the employee

30  whether screening has revealed any disqualifying information.

31


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                                         HB 2259, Second Engrossed



  1         (c)  For level 2 screening, the employer or licensing

  2  agency must submit the information necessary for screening to

  3  the Florida Department of Law Enforcement within 5 working

  4  days after receiving it.  When required, the employer or

  5  licensing agency must also submit sufficient information to

  6  the Department of Children and Family Services to complete a

  7  check of its records. The Florida Department of Law

  8  Enforcement will conduct a search of its criminal and juvenile

  9  records and will request that the Federal Bureau of

10  Investigation conduct a search of its records for each

11  employee for whom the request is made.  The Florida Department

12  of Law Enforcement and the Department of Children and Family

13  Services will respond to the employer or licensing agency, and

14  the employer or licensing agency will inform the employee

15  whether screening has revealed disqualifying information.

16         (2)  Unless otherwise prohibited by state or federal

17  law, new employees may be placed on probationary status

18  pending a determination of compliance with minimum standards

19  set forth in this part chapter.

20         Section 26.  Subsection (1) of section 435.07, Florida

21  Statutes, is amended to read:

22         435.07  Exemptions from disqualification.--Unless

23  otherwise provided by law, the provisions of this section

24  shall apply to exemptions from disqualification.

25         (1)  The appropriate licensing agency may grant to any

26  employee otherwise disqualified from employment an exemption

27  from disqualification for:

28         (a)  Felonies committed more than 3 years prior to the

29  date of disqualification;

30

31


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                                         HB 2259, Second Engrossed



  1         (b)  Misdemeanors prohibited under any of the Florida

  2  Statutes cited in this chapter or under similar statutes of

  3  other jurisdictions;

  4         (c)  Offenses that were felonies when committed but are

  5  now misdemeanors;

  6         (d)  Findings of delinquency; or

  7         (e)  Commissions of acts of domestic violence as

  8  defined in s. 741.30.; or

  9         (f)  Confirmed reports of abuse, neglect, or

10  exploitation of a vulnerable adult.

11

12  For the purposes of this subsection, the term "felonies" means

13  both felonies prohibited under any of the Florida Statutes

14  cited in this part chapter or under similar statutes of other

15  jurisdictions.

16         Section 27.  Section 435.08, Florida Statutes, is

17  amended to read:

18         435.08  Payment for processing of fingerprints and,

19  state criminal records checks, and abuse hotline

20  checks.--Either the employer or the employee is responsible

21  for paying the costs of screening.  Payment shall be submitted

22  to the Florida Department of Law Enforcement with the request

23  for screening. When a search of the central abuse hotline is

24  required, payment shall be submitted by separate check to the

25  Department of Children and Family Services with the request

26  for screening.

27         Section 28.  Section 435.09, Florida Statutes, is

28  amended to read:

29         435.09  Confidentiality of personnel background check

30  information.--No criminal or, juvenile, or abuse hotline

31  information obtained under this section may be used for any


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                                         HB 2259, Second Engrossed



  1  purpose other than determining whether persons meet the

  2  minimum standards for employment or for an owner or director

  3  of a covered service provider.  The criminal records and

  4  juvenile records obtained by the department or by an employer

  5  are exempt from s. 119.07(1).

  6         Section 29.  Sections 435.401, 435.402, 435.403, and

  7  435.405, Florida Statutes, are designated as part II of

  8  chapter 435, Florida Statutes.

  9         Section 30.  Effective January 1, 2001, section

10  435.401, Florida Statutes, is created to read:

11         435.401  Caregivers of vulnerable adults; special

12  employment, contractual, or referral work history checks;

13  definitions.--For purposes of this part:

14         (1)  "Agency" means the Agency for Health Care

15  Administration.

16         (2)  "Covered organization" means any residential

17  facility or agency licensed pursuant to chapter 400 by the

18  agency where health, nutritional, or personal care is provided

19  or arranged for vulnerable adults, including nursing homes,

20  assisted living facilities, adult day care facilities, adult

21  family-care homes, hospices, home health care agencies, nurse

22  registries, and intermediate care facilities for

23  developmentally disabled persons. Covered organization shall

24  also mean developmental services institutions and mental

25  health institutions. Covered organization includes any

26  temporary agency as defined in this section.

27         (3)  "Direct access employee or contractor" means a

28  caregiver hired by or contracted with a covered organization

29  after January 1, 2001, whose primary job duties require direct

30  access or contact with persons receiving care, access to the

31  living areas of such persons, or access to the funds or


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                                         HB 2259, Second Engrossed



  1  property of such persons. The term does not include caregivers

  2  whose primary job duties do not include or require direct

  3  access or contact with persons receiving care, but whose

  4  duties may result in occasional contact with such persons. Not

  5  included are maintenance personnel, office or clerical

  6  workers, and nonlicensed personnel whose essential functions

  7  do not include the care of or direct access to persons

  8  receiving care.

  9         (4)  "Service letter" means the employment or work

10  history form provided to covered organizations by the agency.

11         (5)  "Temporary agency" means an agency responsible for

12  providing temporary employees or contractors to covered

13  organizations, including health care service pools as defined

14  in s. 400.980.

15         Section 31.  Effective January 1, 2001, section

16  435.402, Florida Statutes, is created to read:

17         435.402  Service letters; requirements; penalties.--

18         (1)  No covered organization shall hire, contract with,

19  or register for referral any person seeking employment or

20  engagements that require direct access to patients or clients

21  without obtaining service letters regarding that person from

22  at least two covered organizations the person has been

23  employed by, contracted with, or registered with during the

24  past 3 years. If the applicant has been employed by,

25  contracted with, or registered with fewer than two covered

26  organizations during the past 3 years, then all covered

27  organizations must be contacted. If the person seeking

28  employment has not been previously employed by, contracted

29  with, or registered with a covered organization within the

30  past 3 years or was self-employed, then the prospective

31  covered organization must require the person to provide


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                                         HB 2259, Second Engrossed



  1  letters of reference from at least two adults who are familiar

  2  with the person, but who are not relatives of the person.

  3  Nothing in this subsection shall prohibit or discourage

  4  prospective covered organizations from performing more work

  5  history checks than are required in this subsection.

  6         (2)  The required service letter shall be a form

  7  provided by the agency. The form shall be signed by the

  8  current or previous covered organizations, as requested, and

  9  shall contain information about the type of work performed by

10  the person who has been employed by, contracted with, or

11  registered with the covered organization, the duration of the

12  employment, contract, or registration period, the nature of

13  the person's separation from the covered organization, and any

14  substantiated incidents toward any other person involving

15  violence, threat of violence, abuse, neglect, exploitation, or

16  misappropriation of property by the person, including any

17  disciplinary action taken as a result of such conduct and the

18  date of such action. Covered organizations that contract with

19  caregivers or register caregivers for referral, when receiving

20  a service letter from another covered organization, shall

21  report on the return service letter any substantiated

22  incidents toward any other person involving violence, threat

23  of violence, abuse, neglect, exploitation, or misappropriation

24  of property by the person which resulted in the termination of

25  the person's contract or removal of the person from the

26  referral registry.

27         (3)  Any covered organization that is required to

28  obtain service letters shall obtain a statement signed by the

29  applicant authorizing a full release to the covered

30  organization of any and all information pertaining to the

31  facts of the applicant's current or previous work history.


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                                         HB 2259, Second Engrossed



  1         (4)(a)  Any covered organization, including a temporary

  2  agency, that is required to obtain a service letter shall

  3  obtain a statement signed by the applicant attesting that the

  4  information given in the application represents a full and

  5  complete disclosure of the applicant's current and previous

  6  work history, and that all information contained in the

  7  application is true and complete to the best of the knowledge

  8  and belief of the applicant. In addition, the application

  9  shall contain a written acknowledgment by the applicant that

10  he or she understands that failure to provide a full and

11  complete disclosure of all information required under this

12  section is a violation of this section and that such failure

13  may result in first or second degree misdemeanor charges, or

14  termination of employment, contract, or registration for

15  referral. Full and complete disclosure by an applicant

16  includes listing all current and previous covered

17  organizations, as defined in s. 435.401, for the previous 3

18  years. An applicant who has worked for one or more temporary

19  agencies during the previous 3 years shall list on the

20  application all such temporary agencies.

21         (b)  Any covered organization that does not obtain the

22  applicant's signed attestation for a person hired, contracted

23  with, or registered for referral after January 1, 2001, may be

24  issued a notice of noncompliance. A violation that is not

25  corrected within the specified timeframe or is a repeat

26  violation becomes a finable violation. The covered

27  organization is subject to an administrative penalty of $500

28  for the first finable violation, $1,000 for the second finable

29  violation, and $2,500 for the third and any subsequent finable

30  violation.

31


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                                         HB 2259, Second Engrossed



  1         (5)  Any covered organization, including a temporary

  2  agency, that receives a written request for a service letter

  3  from any other covered organization, as required by this

  4  section, shall complete and send that service letter to the

  5  requesting covered organization within 10 business days after

  6  the date the request is received. Any written response,

  7  including a response by regular mail, facsimile, electronic

  8  transmission, or other clearly documented delivery, which

  9  provides the information required by this section on the form

10  provided by the agency shall constitute compliance with this

11  subsection. Any covered organization that does not provide

12  such service letters for a person seeking employment may be

13  issued a notice of noncompliance. A violation that is not

14  corrected within the specified timeframe or is a repeat

15  violation becomes a finable violation. The covered

16  organization is subject to an administrative penalty of $500

17  for the first finable violation, $1,000 for the second finable

18  violation, and $2,500 for the third and any subsequent finable

19  violation.

20         (6)  Notwithstanding the provisions of subsection (1),

21  the covered organization may conditionally employ, contract

22  with, or register for referral an applicant for up to 30 days

23  on a conditional basis, pending receipt of the required

24  service letters. An applicant conditionally employed,

25  contracted with, or registered for referral pursuant to this

26  subsection shall be informed, in writing, and shall

27  acknowledge, in writing, that his or her continued employment,

28  contract, or registration is contingent upon receipt of the

29  required service letters. A covered organization may allow a

30  person to continue working after the 30 days on a conditional

31  basis without the required service letters if the covered


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                                         HB 2259, Second Engrossed



  1  organization has demonstrated a good faith attempt to obtain

  2  the service letters, as evidenced by requesting the necessary

  3  service letters prior to the applicant's first day of work, by

  4  regular mail, facsimile, electronic transmission, or other

  5  clearly documented delivery, and at least two documented

  6  attempts to contact the covered organizations from which the

  7  information was requested when the service letters were not

  8  returned within 10 business days. Any covered organization

  9  that has not demonstrated such good faith effort may be issued

10  a notice of noncompliance. A violation that is not corrected

11  within the specified timeframe or is a repeat violation

12  becomes a finable violation. The covered organization is

13  subject to an administrative penalty of $500 for the first

14  finable violation, $1,000 for the second finable violation,

15  and $2,500 for the third and any subsequent finable violation.

16         (7)  A covered organization shall make a good faith

17  attempt to locate an applicant's previous covered

18  organizations as identified in the application and to obtain

19  the service letters from each current or previous covered

20  organization. The burden of proof shall rest with the covered

21  organization to demonstrate a good faith attempt to comply

22  with this section, as evidenced by requesting the necessary

23  service letters prior to the applicant's first day of work, by

24  regular mail, facsimile, electronic transmission, or other

25  clearly documented delivery, and at least two documented

26  attempts to contact the covered organizations from which the

27  information was requested when the service letters were not

28  returned within 10 business days. Any covered organization

29  that does not obtain the required service letters for a person

30  seeking employment may be issued a notice of noncompliance. A

31  violation that is not corrected within the specified timeframe


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  1  or is a repeat violation becomes a finable violation. The

  2  covered organization is subject to an administrative penalty

  3  of $500 for the first finable violation, $1,000 for the second

  4  finable violation, and $2,500 for the third and any subsequent

  5  finable violation.

  6         (8)  Any covered organization that knowingly and with

  7  intent to deceive provides information that is a materially

  8  inaccurate or incomplete disclosure of past work history

  9  information on a service letter is subject to an

10  administrative penalty of $500 for the first violation, $1,000

11  for the second violation, and $2,500 for the third and any

12  subsequent violation.

13         (9)  Any person who knowingly and with intent to

14  deceive provides information that is a materially inaccurate

15  or incomplete disclosure of past work history information on

16  an application in violation of the requirements of subsection

17  (4) may be terminated from employment, contract, or

18  registration for referral, and commits a misdemeanor of the

19  second degree, punishable as provided in s. 775.082 or s.

20  775.083. Any person who commits a second or subsequent

21  violation commits a misdemeanor of the first degree,

22  punishable as provided in s. 775.082 or s. 775.083.

23         (10) Any covered organization, or any person authorized

24  to act on behalf of the covered organization, that discloses

25  information to a covered organization as required by

26  subsection (5) is presumed to be acting in good faith, and,

27  unless lack of good faith is shown, is immune from civil

28  liability under this part and pursuant to s. 768.095 for such

29  disclosure and its consequences and may not be made the

30  subject of any legal action for libel, slander, or defamation

31  by an applicant's current or former covered organization. For


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                                         HB 2259, Second Engrossed



  1  purposes of this section, the presumption of good faith may be

  2  rebutted upon a showing that the information disclosed by such

  3  covered organization was knowingly false, was deliberately

  4  misleading, or was rendered with malicious purpose.

  5         (11)  Any information received from an applicant's

  6  current or previous covered organization by the applicant's

  7  prospective covered organization, pursuant to this section,

  8  which could in any way identify the current or previous

  9  covered organization that provided the information shall be

10  protected from discovery in any legal or administrative

11  proceedings. The applicant who is the subject of the

12  information provided by his or her current or previous covered

13  organization shall have a right to obtain such information

14  from the current or previous covered organization that

15  provided the information to the prospective covered

16  organization.

17         (12)  The agency shall be the only party with authority

18  to impose and seek enforcement of an administrative penalty

19  under this part.

20         (13)  The background screening database operated by the

21  agency pursuant to s. 400.215 shall be accessible to all

22  covered organizations. The agency shall maintain in the

23  database, for all health care professionals licensed or

24  certified by the Department of Health, the current status of

25  any disciplinary action taken by the Department of Health or

26  by any professional board against an applicant or employee, in

27  addition to any criminal history information about an

28  applicant or employee.

29         Section 32.  Effective January 1, 2001, section

30  435.403, Florida Statutes, is created to read:

31         435.403  Enforcement; penalties.--


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  1         (1)  The agency shall monitor covered organizations for

  2  compliance with the provisions of s. 435.402. Such monitoring

  3  shall be carried out through routine inspections and surveys

  4  or other regulatory activities and through investigations of

  5  complaints reported by any person to the agency alleging

  6  noncompliance with the provisions of s. 435.402.

  7         (2)  Funds collected through payment of administrative

  8  penalties to the agency shall be deposited in the Health Care

  9  Trust Fund to support enforcement of the requirements of this

10  part and the improvement of quality of care for vulnerable

11  adults who are residents or clients of covered organizations.

12         Section 33.  Effective January 1, 2001, section

13  435.405, Florida Statutes, is created to read:

14         435.405  Rules.--The agency shall adopt rules to

15  implement the provisions of this part. The rules shall include

16  the forms for service letters, provisions for accepting the

17  service letter forms by facsimile or electronic transmission

18  in addition to printed form, standards for documentation of a

19  good faith effort to perform the actions required under this

20  part, and standards for monitoring the compliance of covered

21  organizations.

22         Section 34.  Paragraph (g) of subsection (3) of section

23  20.43, Florida Statutes, is amended to read:

24         20.43  Department of Health.--There is created a

25  Department of Health.

26         (3)  The following divisions of the Department of

27  Health are established:

28         (g)  Division of Medical Quality Assurance, which is

29  responsible for the following boards and professions

30  established within the division:

31         1.  Nursing assistants, as provided under s. 400.211.


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  1         2.  Health care services pools, as provided under s.

  2  402.48.

  3         2.3.  The Board of Acupuncture, created under chapter

  4  457.

  5         3.4.  The Board of Medicine, created under chapter 458.

  6         4.5.  The Board of Osteopathic Medicine, created under

  7  chapter 459.

  8         5.6.  The Board of Chiropractic Medicine, created under

  9  chapter 460.

10         6.7.  The Board of Podiatric Medicine, created under

11  chapter 461.

12         7.8.  Naturopathy, as provided under chapter 462.

13         8.9.  The Board of Optometry, created under chapter

14  463.

15         9.10.  The Board of Nursing, created under chapter 464.

16         10.11.  The Board of Pharmacy, created under chapter

17  465.

18         11.12.  The Board of Dentistry, created under chapter

19  466.

20         12.13.  Midwifery, as provided under chapter 467.

21         13.14.  The Board of Speech-Language Pathology and

22  Audiology, created under part I of chapter 468.

23         14.15.  The Board of Nursing Home Administrators,

24  created under part II of chapter 468.

25         15.16.  The Board of Occupational Therapy, created

26  under part III of chapter 468.

27         16.17.  Respiratory therapy, as provided under part V

28  of chapter 468.

29         17.18.  Dietetics and nutrition practice, as provided

30  under part X of chapter 468.

31


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                                         HB 2259, Second Engrossed



  1         18.19.  The Board of Athletic Training, created under

  2  part XIII of chapter 468.

  3         19.20.  The Board of Orthotists and Prosthetists,

  4  created under part XIV of chapter 468.

  5         20.21.  Electrolysis, as provided under chapter 478.

  6         21.22.  The Board of Massage Therapy, created under

  7  chapter 480.

  8         22.23.  The Board of Clinical Laboratory Personnel,

  9  created under part III of chapter 483.

10         23.24.  Medical physicists, as provided under part IV

11  of chapter 483.

12         24.25.  The Board of Opticianry, created under part I

13  of chapter 484.

14         25.26.  The Board of Hearing Aid Specialists, created

15  under part II of chapter 484.

16         26.27.  The Board of Physical Therapy Practice, created

17  under chapter 486.

18         27.28.  The Board of Psychology, created under chapter

19  490.

20         28.29.  School psychologists, as provided under chapter

21  490.

22         29.30.  The Board of Clinical Social Work, Marriage and

23  Family Therapy, and Mental Health Counseling, created under

24  chapter 491.

25

26  The department may contract with the Agency for Health Care

27  Administration who shall provide consumer complaint,

28  investigative, and prosecutorial services required by the

29  Division of Medical Quality Assurance, councils, or boards, as

30  appropriate.

31


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                                         HB 2259, Second Engrossed



  1         Section 35.  Paragraph (h) of subsection (2) of section

  2  39.202, Florida Statutes, is amended to read:

  3         39.202  Confidentiality of reports and records in cases

  4  of child abuse or neglect.--

  5         (2)  Access to such records, excluding the name of the

  6  reporter which shall be released only as provided in

  7  subsection (4), shall be granted only to the following

  8  persons, officials, and agencies:

  9         (h)  Any appropriate official of the department

10  responsible for:

11         1.  Administration or supervision of the department's

12  program for the prevention, investigation, or treatment of

13  child abuse, abandonment, or neglect, or abuse, neglect, or

14  exploitation of a vulnerable disabled adult or elderly person,

15  when carrying out his or her official function;

16         2.  Taking appropriate administrative action concerning

17  an employee of the department alleged to have perpetrated

18  child abuse, abandonment, or neglect, or abuse, neglect, or

19  exploitation of a vulnerable disabled adult or elderly person;

20  or

21         3.  Employing and continuing employment of personnel of

22  the department.

23         Section 36.  Paragraphs (a) and (b) of subsection (3)

24  of section 110.1127, Florida Statutes, are amended to read:

25         110.1127  Employee security checks.--

26         (3)(a)  All positions in programs providing care to

27  children, the developmentally disabled, or vulnerable adults

28  disabled adults, or elderly persons for 15 hours or more per

29  week; all permanent and temporary employee positions of the

30  central abuse hotline; and all persons working under contract

31  who have access to abuse records are deemed to be persons and


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                                         HB 2259, Second Engrossed



  1  positions of special trust or responsibility, and require

  2  employment screening pursuant to chapter 435, using the level

  3  2 standards set forth in that chapter.

  4         (b)  The employing agency may grant exemptions from

  5  disqualification from working with children, the

  6  developmentally disabled, or vulnerable adults disabled

  7  adults, or elderly persons as provided in s. 435.07.

  8         Section 37.  Paragraph (a) of subsection (12) of

  9  section 112.0455, Florida Statutes, is amended to read:

10         112.0455  Drug-Free Workplace Act.--

11         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

12         (a)  A laboratory may analyze initial or confirmation

13  drug specimens only if:

14         1.  The laboratory is licensed and approved by the

15  Agency for Health Care Administration using criteria

16  established by the United States Department of Health and

17  Human Services as general guidelines for modeling the state

18  drug testing program. Each applicant for licensure must comply

19  with the following requirements:

20         a.  Upon receipt of a completed, signed, and dated

21  application, the agency shall require background screening, in

22  accordance with the level 2 standards for screening set forth

23  in chapter 435, of the managing employee, or other similarly

24  titled individual responsible for the daily operation of the

25  laboratory, and of the financial officer, or other similarly

26  titled individual who is responsible for the financial

27  operation of the laboratory, including billings for services.

28  The applicant must comply with the procedures for level 2

29  background screening as set forth in chapter 435, as well as

30  the requirements of s. 435.03(3).

31


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                                         HB 2259, Second Engrossed



  1         b.  The agency may require background screening of any

  2  other individual who is an applicant if the agency has

  3  probable cause to believe that he or she has been convicted of

  4  an offense prohibited under the level 2 standards for

  5  screening set forth in chapter 435.

  6         c.  Proof of compliance with the level 2 background

  7  screening requirements of chapter 435 which has been submitted

  8  within the previous 5 years in compliance with any other

  9  health care licensure requirements of this state is acceptable

10  in fulfillment of screening requirements.

11         d.  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  abuse registry background check and the Department of Law

15  Enforcement background check, but the agency has not yet

16  received background screening results from the Federal Bureau

17  of Investigation, or a request for a disqualification

18  exemption has been submitted to the agency as set forth in

19  chapter 435, but a response has not yet been issued. A license

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

21  report of the results of the Federal Bureau of Investigation

22  background screening for each individual required by this

23  section to undergo background screening which confirms that

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

25  disqualification exemption by the agency as set forth in

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

27  2 background screening may serve in his or her capacity

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

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

30  to serve if the report indicates any violation of background

31  screening standards and a disqualification exemption has not


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                                         HB 2259, Second Engrossed



  1  been requested of and granted by the agency as set forth in

  2  chapter 435.

  3         e.  Each applicant must submit to the agency, with its

  4  application, a description and explanation of any exclusions,

  5  permanent suspensions, or terminations of the applicant from

  6  the Medicare or Medicaid programs. Proof of compliance with

  7  the requirements for disclosure of ownership and control

  8  interests under the Medicaid or Medicare programs shall be

  9  accepted in lieu of this submission.

10         f.  Each applicant must submit to the agency a

11  description and explanation of any conviction of an offense

12  prohibited under the level 2 standards of chapter 435 by a

13  member of the board of directors of the applicant, its

14  officers, or any individual owning 5 percent or more of the

15  applicant. This requirement does not apply to a director of a

16  not-for-profit corporation or organization if the director

17  serves solely in a voluntary capacity for the corporation or

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

19  operational decisions of the corporation or organization,

20  receives no remuneration for his or her services on the

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

22  financial interest and has no family members with a financial

23  interest in the corporation or organization, provided that the

24  director and the not-for-profit corporation or organization

25  include in the application a statement affirming that the

26  director's relationship to the corporation satisfies the

27  requirements of this sub-subparagraph.

28         g.  A license may not be granted to any applicant if

29  the applicant or managing employee has been found guilty of,

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

31  contendere or guilty to, any offense prohibited under the


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                                         HB 2259, Second Engrossed



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

  2  unless an exemption from disqualification has been granted by

  3  the agency as set forth in chapter 435.

  4         h.  The agency may deny or revoke licensure if the

  5  applicant:

  6         (I)  Has falsely represented a material fact in the

  7  application required by sub-subparagraph e. or

  8  sub-subparagraph f., or has omitted any material fact from the

  9  application required by sub-subparagraph e. or

10  sub-subparagraph f.; or

11         (II)  Has had prior action taken against the applicant

12  under the Medicaid or Medicare program as set forth in

13  sub-subparagraph e.

14         i.  An application for license renewal must contain the

15  information required under sub-subparagraphs e. and f.

16         2.  The laboratory has written procedures to ensure

17  chain of custody.

18         3.  The laboratory follows proper quality control

19  procedures, including, but not limited to:

20         a.  The use of internal quality controls including the

21  use of samples of known concentrations which are used to check

22  the performance and calibration of testing equipment, and

23  periodic use of blind samples for overall accuracy.

24         b.  An internal review and certification process for

25  drug test results, conducted by a person qualified to perform

26  that function in the testing laboratory.

27         c.  Security measures implemented by the testing

28  laboratory to preclude adulteration of specimens and drug test

29  results.

30         d.  Other necessary and proper actions taken to ensure

31  reliable and accurate drug test results.


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  1         Section 38.  Paragraphs (a), (b), and (c) of subsection

  2  (7) of section 119.07, Florida Statutes, are amended to read:

  3         119.07  Inspection, examination, and duplication of

  4  records; exemptions.--

  5         (7)(a)  Any person or organization, including the

  6  Department of Children and Family Services, may petition the

  7  court for an order making public the records of the Department

  8  of Children and Family Services that pertain to investigations

  9  of alleged abuse, neglect, abandonment, or exploitation of a

10  child or a vulnerable, a disabled adult, or an elderly person.

11  The court shall determine if good cause exists for public

12  access to the records sought or a portion thereof. In making

13  this determination, the court shall balance the best interest

14  of the vulnerable disabled adult, elderly person, or child who

15  is the focus of the investigation, and in the case of the

16  child, the interest of that child's siblings, together with

17  the privacy right of other persons identified in the reports

18  against the public interest. The public interest in access to

19  such records is reflected in s. 119.01(1), and includes the

20  need for citizens to know of and adequately evaluate the

21  actions of the Department of Children and Family Services and

22  the court system in providing vulnerable disabled adults,

23  elderly persons, and children of this state with the

24  protections enumerated in ss. 39.001 and 415.101.  However,

25  this subsection does not contravene ss. 39.202 and 415.107,

26  which protect the name of any person reporting the abuse,

27  neglect, or exploitation of a child or a vulnerable, a

28  disabled adult, or an elderly person.

29         (b)  In cases involving serious bodily injury to a

30  child or a vulnerable, a disabled adult or an elderly person,

31  the Department of Children and Family Services may petition


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                                         HB 2259, Second Engrossed



  1  the court for an order for the immediate public release of

  2  records of the department which pertain to the protective

  3  investigation of abuse, neglect, abandonment, or exploitation

  4  of the child, disabled adult, or elderly person who suffered

  5  serious bodily injury. The petition must be personally served

  6  upon the child or vulnerable, disabled adult, or elderly

  7  person, the child's parents or guardian, the legal guardian of

  8  that person, if any, and any person named as an alleged

  9  perpetrator in the report of abuse, neglect, abandonment, or

10  exploitation. The court must determine if good cause exists

11  for the public release of the records sought no later than 24

12  hours, excluding Saturdays, Sundays, and legal holidays, after

13  the date the department filed the petition with the court. If

14  the court has neither granted nor denied the petition within

15  the 24-hour time period, the department may release to the

16  public summary information including:

17         1.  A confirmation that an investigation has been

18  conducted concerning the alleged victim.

19         2.  The dates and brief description of procedural

20  activities undertaken during the department's investigation.

21         3.  The date of each judicial proceeding, a summary of

22  each participant's recommendations made at the judicial

23  proceedings, and the rulings of the court.

24

25  The summary information may not include the name of, or other

26  identifying information with respect to, any person identified

27  in any investigation. In making a determination to release

28  confidential information, the court shall balance the best

29  interests of the vulnerable disabled adult or elderly person

30  or child who is the focus of the investigation and, in the

31  case of the child, the interests of that child's siblings,


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                                         HB 2259, Second Engrossed



  1  together with the privacy rights of other persons identified

  2  in the reports against the public interest for access to

  3  public records. However, this paragraph does not contravene

  4  ss. 39.202 and 415.107, which protect the name of any person

  5  reporting abuse, neglect, or exploitation of a child or a

  6  vulnerable, a disabled adult, or an elderly person.

  7         (c)  When the court determines that good cause for

  8  public access exists, the court shall direct that the

  9  department redact the name of and other identifying

10  information with respect to any person identified in any

11  protective investigation report unfounded report or proposed

12  confirmed report or report closed without classification, or

13  in any report that has not yet been classified pursuant to s.

14  415.1045(7), until such time as the court finds that there is

15  probable cause to believe that the person identified committed

16  an act of alleged abuse, neglect, or abandonment.

17         Section 39.  Subsection (1) of section 232.50, Florida

18  Statutes, is amended to read:

19         232.50  Child abuse, abandonment, and neglect

20  policy.--Every school board shall by March 1, 1985:

21         (1)  Post in a prominent place in each school a notice

22  that, pursuant to chapter 39, all employees or agents of the

23  district school board have an affirmative duty to report all

24  actual or suspected cases of child abuse, abandonment, or

25  neglect, have immunity from liability if they report such

26  cases in good faith, and have a duty to comply with child

27  protective investigations and all other provisions of law

28  relating to child abuse, abandonment, and neglect.  The notice

29  shall also include the statewide toll-free telephone number of

30  the central state abuse hotline registry.

31


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                                         HB 2259, Second Engrossed



  1         Section 40.  Subsection (4) and paragraph (b) of

  2  subsection (5) of section 242.335, Florida Statutes, are

  3  amended to read:

  4         242.335  Personnel screening; Florida School for the

  5  Deaf and the Blind.--

  6         (4)  The Florida School for the Deaf and the Blind may

  7  not use the criminal records, abuse registry information,

  8  private investigator findings, or information reference checks

  9  obtained by the school pursuant to this section for any

10  purpose other than determining if a person meets the minimum

11  standards for good moral character for personnel employed by

12  the school.  The criminal records, abuse registry information,

13  private investigator findings, and information from reference

14  checks obtained by the Florida School for the Deaf and the

15  Blind for determining the moral character of employees of the

16  school are confidential and exempt from the provisions of s.

17  119.07(1) and s. 24(a), Art. I of the State Constitution.

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

19  punishable as provided in s. 775.082 or s. 775.083, for any

20  person willfully, knowingly, or intentionally to:

21         (b)  Use the criminal records, abuse registry

22  information, private investigator findings, or information

23  from reference checks obtained under this section or

24  information obtained from such records or findings for

25  purposes other than screening for employment or release such

26  information or records to persons for purposes other than

27  screening for employment.

28         Section 41.  Paragraph (a) of subsection (8) of section

29  320.0848, Florida Statutes, is amended to read:

30         320.0848  Persons who have disabilities; issuance of

31  disabled parking permits; temporary permits; permits for


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                                         HB 2259, Second Engrossed



  1  certain providers of transportation services to persons who

  2  have disabilities.--

  3         (8)  A law enforcement officer may confiscate the

  4  disabled parking permit from any person who fraudulently

  5  obtains or unlawfully uses such a permit.  A law enforcement

  6  officer may confiscate any disabled parking permit that is

  7  expired, reported as lost or stolen, or defaced, or that does

  8  not display a personal identification number.

  9         (a)  Beginning April 1, 1999, the permit number of each

10  confiscated permit must be submitted to the Department of

11  Highway Safety and Motor Vehicles, and the fact that the

12  permit has been confiscated must be noted on the

13  permitholder's record. If two permits issued to the same

14  person have been confiscated, the Department of Highway Safety

15  and Motor Vehicles shall refer the information to the central

16  Florida abuse hotline of the Department of Children and Family

17  Services for an investigation of potential abuse, neglect, or

18  exploitation of the permit owner.

19         Section 42.  Paragraph (c) of subsection (1) of section

20  381.0059, Florida Statutes, is amended to read:

21         381.0059  Background screening requirements for school

22  health services personnel.--

23         (1)

24         (c)  The person subject to the required background

25  screening or his or her employer must pay the fees required to

26  obtain the background screening. Payment for the screening and

27  the abuse registry check must be submitted to the Department

28  of Health. The Florida Department of Law Enforcement shall

29  charge the Department of Health for a level 2 screening at a

30  rate sufficient to cover the costs of such screening pursuant

31  to s. 943.053(3). The Department of Health shall establish a


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                                         HB 2259, Second Engrossed



  1  schedule of fees to cover the costs of the level 2 screening

  2  and the abuse registry check. The applicant or his or her

  3  employer who pays for the required screening may be reimbursed

  4  by the Department of Health from funds designated for this

  5  purpose.

  6         Section 43.  Paragraph (d) of subsection (1) of section

  7  381.60225, Florida Statutes, is amended to read:

  8         381.60225  Background screening.--

  9         (1)  Each applicant for certification must comply with

10  the following requirements:

11         (d)  A provisional certification may be granted to the

12  organization, agency, or entity when each individual required

13  by this section to undergo background screening has met the

14  standards for the abuse registry background check and the

15  Department of Law Enforcement background check, but the agency

16  has not yet received background screening results from the

17  Federal Bureau of Investigation, or a request for a

18  disqualification exemption has been submitted to the agency as

19  set forth in chapter 435, but a response has not yet been

20  issued. A standard certification may be granted to the

21  organization, agency, or entity 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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                                         HB 2259, Second Engrossed



  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 44.  Paragraph (d) of subsection (7) of section

  5  383.305, Florida Statutes, is amended to read:

  6         383.305  Licensure; issuance, renewal, denial,

  7  suspension, revocation; fees; background screening.--

  8         (7)  Each applicant for licensure must comply with the

  9  following requirements:

10         (d)  A provisional license may be granted to an

11  applicant when each individual required by this section to

12  undergo background screening has met the standards for the

13  abuse registry background check and the Department of Law

14  Enforcement background check, but the agency has not yet

15  received background screening results from the Federal Bureau

16  of Investigation, or a request for a disqualification

17  exemption has been submitted to the agency as set forth in

18  chapter 435 but a response has not yet been issued. A standard

19  license may be granted to the applicant upon the agency's

20  receipt of a report of the results of the Federal Bureau of

21  Investigation background screening for each individual

22  required by this section to undergo background screening which

23  confirms that all standards have been met, or upon the

24  granting of a disqualification exemption by the agency as set

25  forth in chapter 435. Any other person who is required to

26  undergo level 2 background screening may serve in his or her

27  capacity pending the agency's receipt of the report from the

28  Federal Bureau of Investigation. However, the person may not

29  continue to serve if the report indicates any violation of

30  background screening standards and a disqualification

31


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                                         HB 2259, Second Engrossed



  1  exemption has not been requested of and granted by the agency

  2  as set forth in chapter 435.

  3         Section 45.  Paragraph (d) of subsection (3) of section

  4  390.015, Florida Statutes, is amended to read:

  5         390.015  Application for license.--

  6         (3)  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 standard

17  license may be granted to the applicant upon the agency's

18  receipt of a report of the results of the Federal Bureau of

19  Investigation background screening for each individual

20  required by this section to undergo background screening which

21  confirms that all standards have been met, or upon the

22  granting of a disqualification exemption by the agency as set

23  forth in chapter 435. Any other person who is required to

24  undergo level 2 background screening may serve in his or her

25  capacity pending the agency's receipt of the report from the

26  Federal Bureau of Investigation. However, the person may not

27  continue to serve if the report indicates any violation of

28  background screening standards and a disqualification

29  exemption has not been requested of and granted by the agency

30  as set forth in chapter 435.

31


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                                         HB 2259, Second Engrossed



  1         Section 46.  Paragraph (c) of subsection (5) and

  2  paragraph (d) of subsection (6) of section 393.067, Florida

  3  Statutes, are amended to read:

  4         393.067  Licensure of residential facilities and

  5  comprehensive transitional education programs.--

  6         (5)  The applicant shall submit evidence which

  7  establishes the good moral character of the manager or

  8  supervisor of the facility or program and the direct service

  9  providers in the facility or program and its component centers

10  or units. A license may be issued if all the screening

11  materials have been timely submitted; however, a license may

12  not be issued or renewed if any of the direct service

13  providers have failed the screening required by s. 393.0655.

14         (c)  The department or a residential facility or

15  comprehensive transitional education program may not use the

16  criminal records or, juvenile records, or abuse registry

17  information of a person obtained under this subsection for any

18  purpose other than determining if that person meets the

19  minimum standards for good moral character for a manager or

20  supervisor of, or direct service provider in, such a facility

21  or program. The criminal records or, juvenile records, or

22  abuse registry information obtained by the department or a

23  residential facility or comprehensive transitional education

24  program for determining the moral character of a manager,

25  supervisor, or direct service provider are exempt from s.

26  119.07(1).

27         (6)  Each applicant for licensure as an intermediate

28  care facility for the developmentally disabled must comply

29  with the 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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                                         HB 2259, Second Engrossed



  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, or a request for a disqualification

  6  exemption has been submitted to the agency as set forth in

  7  chapter 435, but a response has not yet been issued. A

  8  standard license may be granted to the applicant upon the

  9  agency's receipt of a report of the results of the Federal

10  Bureau of Investigation background screening for each

11  individual required by this section to undergo background

12  screening which confirms that all standards have been met, or

13  upon the granting of a disqualification exemption by the

14  agency as set forth in chapter 435. Any other person who is

15  required to undergo level 2 background screening may serve in

16  his or her capacity pending the agency's receipt of the report

17  from the Federal Bureau of Investigation. However, the person

18  may not continue to serve if the report indicates any

19  violation of background screening standards and a

20  disqualification exemption has not been requested of and

21  granted by the agency as set forth in chapter 435.

22         Section 47.  Paragraph (c) of subsection (1) of section

23  393.0674, Florida Statutes, is amended to read:

24         393.0674  Penalties.--

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

26  punishable as provided in s. 775.082 or s. 775.083, for any

27  person willfully, knowingly, or intentionally to:

28         (c)  Use information from the criminal records or

29  central abuse hotline registry obtained under s. 393.0655, s.

30  393.066, or s. 393.067 for any purpose other than screening

31  that person for employment as specified in those sections or


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                                         HB 2259, Second Engrossed



  1  release such information to any other person for any purpose

  2  other than screening for employment as specified in those

  3  sections.

  4         Section 48.  Paragraph (e) of subsection (5) of section

  5  394.459, Florida Statutes, is amended to read:

  6         394.459  Rights of patients.--

  7         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

  8         (e)  Each patient receiving mental health treatment in

  9  any facility shall have ready access to a telephone in order

10  to report an alleged abuse. The facility staff shall orally

11  and in writing inform each patient of the procedure for

12  reporting abuse and shall make every reasonable effort to

13  present the information in a language the patient understands.

14  A written copy of that procedure, including the telephone

15  number of the central abuse hotline registry and reporting

16  forms, shall be posted in plain view.

17         Section 49.  Paragraph (d) of subsection (12) of

18  section 394.875, Florida Statutes, is amended to read:

19         394.875  Crisis stabilization units and residential

20  treatment facilities; authorized services; license required;

21  penalties.--

22         (12)  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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                                         HB 2259, Second Engrossed



  1  chapter 435, but a response has not yet been issued. A

  2  standard license may be granted to the applicant upon the

  3  agency's receipt of a report of the results of the Federal

  4  Bureau of Investigation background screening for each

  5  individual required by this section to undergo background

  6  screening which confirms that all standards have been met, or

  7  upon the granting of a disqualification exemption by the

  8  agency as set forth in chapter 435. Any other person who is

  9  required to undergo level 2 background screening may serve in

10  his or her capacity pending the agency's receipt of the report

11  from the Federal Bureau of Investigation. However, the person

12  may not continue to serve if the report indicates any

13  violation of background screening standards and a

14  disqualification exemption has not been requested of and

15  granted by the agency as set forth in chapter 435.

16         Section 50.  Subsection (4) of section 395.0055,

17  Florida Statutes, is amended to read:

18         395.0055  Background screening.--Each applicant for

19  licensure must comply with the following requirements:

20         (4)  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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                                         HB 2259, Second Engrossed



  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 51.  Paragraph (d) of subsection (4) of section

13  395.0199, Florida Statutes, is amended to read:

14         395.0199  Private utilization review.--

15         (4)  Each applicant for registration must comply with

16  the following requirements:

17         (d)  A provisional registration 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 standard

26  registration may be granted to the applicant upon the agency's

27  receipt of a report of the results of the Federal Bureau of

28  Investigation background screening for each individual

29  required by this section to undergo background screening which

30  confirms that all standards have been met, or upon the

31  granting of a disqualification exemption by the agency as set


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                                         HB 2259, Second Engrossed



  1  forth in chapter 435. Any other person who is required to

  2  undergo level 2 background screening may serve in his or her

  3  capacity pending the agency's receipt of the report from the

  4  Federal Bureau of Investigation. However, the person may not

  5  continue to serve if the report indicates any violation of

  6  background screening standards and a disqualification

  7  exemption has not been requested of and granted by the agency

  8  as set forth in chapter 435.

  9         Section 52.  Paragraph (g) of subsection (4) of section

10  395.3025, Florida Statutes, is amended to read:

11         395.3025  Patient and personnel records; copies;

12  examination.--

13         (4)  Patient records are confidential and must not be

14  disclosed without the consent of the person to whom they

15  pertain, but appropriate disclosure may be made without such

16  consent to:

17         (g)  The Department of Children and Family Services or

18  its agent, for the purpose of investigations of cases of

19  abuse, neglect, or exploitation of children or vulnerable

20  disabled adults or elderly persons.

21         Section 53.  Subsection (3) of section 397.461, Florida

22  Statutes, is amended to read:

23         397.461  Unlawful activities relating to personnel;

24  penalties.--It is a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083, for any

26  person willfully, knowingly, or intentionally to:

27         (3)  Use or release any criminal or juvenile or central

28  abuse registry information obtained under this chapter for any

29  purpose other than background checks of personnel for

30  employment.

31


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                                         HB 2259, Second Engrossed



  1         Section 54.  Subsection (2) of section 400.022, Florida

  2  Statutes, is amended to read:

  3         400.022  Residents' rights.--

  4         (2)  The licensee for each nursing home shall orally

  5  inform the resident of the resident's rights and provide a

  6  copy of the statement required by subsection (1) to each

  7  resident or the resident's legal representative at or before

  8  the resident's admission to a facility.  The licensee shall

  9  provide a copy of the resident's rights to each staff member

10  of the facility.  Each such licensee shall prepare a written

11  plan and provide appropriate staff training to implement the

12  provisions of this section.  The written statement of rights

13  must include a statement that a resident may file a complaint

14  with the agency or district ombudsman council. The statement

15  must be in boldfaced type and shall include the name, address,

16  and telephone numbers of the district ombudsman council and

17  central adult abuse hotline registry where complaints may be

18  lodged.

19         Section 55.  Paragraph (d) of subsection (4) of section

20  400.071, Florida Statutes, is amended to read:

21         400.071  Application for license.--

22         (4)  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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                                         HB 2259, Second Engrossed



  1  chapter 435, but a response has not yet been issued.  A

  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 56.  Paragraphs (a), (c), and (e) of subsection

17  (2) and subsections (3) and (8) of section 400.215, Florida

18  Statutes, are amended to read:

19         400.215  Personnel screening requirement.--

20         (2)  Employers and employees shall comply with the

21  requirements of s. 435.05.

22         (a)  Notwithstanding the provisions of s. 435.05(1),

23  facilities must have in their possession evidence that level 1

24  screening has been completed before allowing an employee to

25  begin working with patients as provided in subsection (1). All

26  information necessary for conducting background screening

27  using level 1 standards as specified in s. 435.03(1) and for

28  conducting a search of the central abuse registry and tracking

29  system as specified in s. 435.03(3)(a) shall be submitted by

30  the nursing facility to the agency. Results of the background

31  screening and the abuse registry check shall be provided by


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                                         HB 2259, Second Engrossed



  1  the agency to the requesting nursing facility. An applicant

  2  who has been qualified under a level 1 criminal screening and

  3  who, under penalty of perjury, attests to not having been

  4  classified in the central abuse registry and tracking system

  5  as a perpetrator in a confirmed report of abuse, neglect, or

  6  exploitation may be allowed to work on a probationary status

  7  in the nursing facility, under supervision, for a period not

  8  to exceed 30 days, pending the results of an abuse registry

  9  screening.

10         (c)  The agency shall establish and maintain a database

11  of background screening information which shall include the

12  results of both level 1 and level 2 screening and central

13  abuse registry and tracking system checks. The Department of

14  Law Enforcement shall timely provide to the agency,

15  electronically, the results of each statewide screening for

16  incorporation into the database. The Department of Children

17  and Family Services shall provide the agency with electronic

18  access to the central abuse registry and tracking system. The

19  agency shall search the registry to identify any confirmed

20  report and shall access such report for incorporation into the

21  database. The agency shall, upon request from any facility,

22  agency, or program required by or authorized by law to screen

23  its employees or applicants, notify the administrator of the

24  facility, agency, or program of the qualifying or

25  disqualifying status of the employee or applicant named in the

26  request.

27         (e)  Notwithstanding the confidentiality provisions of

28  s. 415.107, the agency shall provide no later than 45 days

29  after the effective date of this paragraph, a direct-access

30  electronic screening capability to all enrolled facilities or

31  agencies required by law to restrict employment to only an


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                                         HB 2259, Second Engrossed



  1  applicant who does not have a disqualifying report in the

  2  central abuse registry and tracking system. The agency shall,

  3  upon request, provide to such facility or agency a user code

  4  by which the facility or agency may query the listing of all

  5  persons disqualified because of a confirmed classification.

  6  The direct-access screening system shall allow for the

  7  electronic matching of an applicant's identifying information,

  8  including name, date of birth, race, sex, and social security

  9  number, against the listing of disqualified persons. The

10  agency may charge a fee for issuing the user code sufficient

11  to cover the cost of establishing and maintaining the

12  direct-access screening system. The direct-access screening

13  system shall provide immediately to the user only the

14  electronic notification of applicant clearance or

15  disqualification. The system shall also maintain for

16  appropriate entry into the agency screening database an

17  electronic record of the inquiry on behalf of the applicant.

18         (3)  The applicant is responsible for paying the fees

19  associated with obtaining the required screening.  Payment for

20  the screening and the abuse registry check shall be submitted

21  to the agency. The agency shall establish a schedule of fees

22  to cover the costs of level 1 and level 2 screening and the

23  abuse registry check. Facilities may reimburse employees for

24  these costs. The Department of Law Enforcement shall charge

25  the agency for a level 1 or level 2 screening a rate

26  sufficient to cover the costs of such screening pursuant to s.

27  943.053(3). The agency shall, as allowable, reimburse nursing

28  facilities for the cost of conducting background screening as

29  required by this section. This reimbursement will not be

30  subject to any rate ceilings or payment targets in the

31  Medicaid Reimbursement plan.


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                                         HB 2259, Second Engrossed



  1         (8)  There is no monetary or unemployment liability on

  2  the part of, and no cause of action for damages arising

  3  against an employer that, upon notice of a disqualifying

  4  offense listed under chapter 435 or a confirmed report of

  5  abuse, neglect, or exploitation or an act of domestic

  6  violence, terminates the employee against whom the report was

  7  issued, whether or not the employee has filed for an exemption

  8  with the Department of Health or the Agency for Health Care

  9  Administration.

10         Section 57.  Paragraph (g) of subsection (1) of section

11  400.414, Florida Statutes, is amended to read:

12         400.414  Denial, revocation, or suspension of license;

13  imposition of administrative fine; grounds.--

14         (1)  The agency may deny, revoke, or suspend any

15  license issued under this part, or impose an administrative

16  fine in the manner provided in chapter 120, for any of the

17  following actions by an assisted living facility, any person

18  subject to level 2 background screening under s. 400.4174, or

19  any facility employee:

20         (g)  A determination that confirmed report of adult

21  abuse, neglect, or exploitation, as defined in s. 415.102,

22  which has been upheld following a chapter 120 hearing or a

23  waiver of such proceedings where the perpetrator is an

24  employee, volunteer, administrator, or owner, or person who

25  otherwise has access to the residents of a facility does not

26  meet the criteria specified in s. 435.03(2), and the owner or

27  administrator has not taken action to remove the person

28  perpetrator. Exemptions from disqualification may be granted

29  as set forth in s. 435.07. No administrative action may be

30  taken against the facility if the person perpetrator is

31  granted an exemption.


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                                         HB 2259, Second Engrossed



  1         Section 58.  Paragraph (c) of subsection (1) and

  2  subsection (3) of section 400.4174, Florida Statutes, are

  3  amended to read:

  4         400.4174  Background screening; exemptions; reports of

  5  abuse in facilities.--

  6         (1)

  7         (c)  The agency may grant a provisional license to a

  8  facility applying for an initial license when each individual

  9  required by this subsection to undergo screening has completed

10  the abuse registry and Department of Law Enforcement

11  background checks, but has not yet received results from the

12  Federal Bureau of Investigation, or when a request for an

13  exemption from disqualification has been submitted to the

14  agency pursuant to s. 435.07, but a response has not been

15  issued.

16         (3)  When an employee, volunteer, administrator, or

17  owner of a facility is the subject of a confirmed report of

18  adult abuse, neglect, or exploitation, as defined in s.

19  415.102, and the protective investigator knows that the

20  individual is an employee, volunteer, administrator, or owner

21  of a facility, the agency shall be notified of the confirmed

22  report.

23         Section 59.  Subsection (4) of section 400.426, Florida

24  Statutes, is amended to read:

25         400.426  Appropriateness of placements; examinations of

26  residents.--

27         (4)  If possible, each resident shall have been

28  examined by a licensed physician or a licensed nurse

29  practitioner within 60 days before admission to the facility.

30  The signed and completed medical examination report shall be

31  submitted to the owner or administrator of the facility who


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                                         HB 2259, Second Engrossed



  1  shall use the information contained therein to assist in the

  2  determination of the appropriateness of the resident's

  3  admission and continued stay in the facility.  The medical

  4  examination report shall become a permanent part of the record

  5  of the resident at the facility and shall be made available to

  6  the agency during inspection or upon request.  An assessment

  7  that has been completed through the Comprehensive Assessment

  8  and Review for Long-Term Care Services (CARES) Program

  9  fulfills the requirements for a medical examination under this

10  subsection and s. 400.407(4)(3)(b)6.

11         Section 60.  Subsection (2) of section 400.428, Florida

12  Statutes, is amended to read:

13         400.428  Resident bill of rights.--

14         (2)  The administrator of a facility shall ensure that

15  a written notice of the rights, obligations, and prohibitions

16  set forth in this part is posted in a prominent place in each

17  facility and read or explained to residents who cannot read.

18  This notice shall include the name, address, and telephone

19  numbers of the district ombudsman council and central adult

20  abuse hotline registry and, when applicable, the Advocacy

21  Center for Persons with Disabilities, Inc., and the district

22  human rights advocacy committee, where complaints may be

23  lodged.  The facility must ensure a resident's access to a

24  telephone to call the district ombudsman council, central

25  adult abuse hotline registry, Advocacy Center for Persons with

26  Disabilities, Inc., and district human rights advocacy

27  committee.

28         Section 61.  Subsection (20) of section 400.462,

29  Florida Statutes, is amended to read:

30         400.462  Definitions.--As used in this part, the term:

31


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                                         HB 2259, Second Engrossed



  1         (20)  "Screening" means the assessment of the

  2  background of home health agency personnel, nurse registry

  3  personnel, and persons registered under s. 400.509 and

  4  includes employment or contractual history checks, records

  5  checks of the department's central abuse hotline under chapter

  6  415 relating to vulnerable adults, and statewide criminal

  7  records correspondence checks through the Department of Law

  8  Enforcement.

  9         Section 62.  Paragraph (d) of subsection (4) of section

10  400.471, Florida Statutes, is amended to read:

11         400.471  Application for license; fee; provisional

12  license; temporary permit.--

13         (4)  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  licensee 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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                                         HB 2259, Second Engrossed



  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 63.  Section 400.495, Florida Statutes, is

  5  amended to read:

  6         400.495  Notice of toll-free telephone number for

  7  central abuse hotline registry.--On or before the first day

  8  home health services are provided to a patient, any home

  9  health agency or nurse registry licensed under this part must

10  inform the patient and his or her immediate family, if

11  appropriate, of the right to report abusive, neglectful, or

12  exploitative practices.  The statewide toll-free telephone

13  number for the central abuse hotline registry must be provided

14  to patients in a manner that is clearly legible and must

15  include the words: "To report abuse, neglect, or exploitation,

16  please call toll-free ...(phone number)...." The Agency for

17  Health Care Administration shall adopt rules that provide for

18  90 days' advance notice of a change in the toll-free telephone

19  number and that outline due process procedures, as provided

20  under chapter 120, for home health agency personnel and nurse

21  registry personnel who are reported to the central abuse

22  hotline registry.  Home health agencies and nurse registries

23  shall establish appropriate policies and procedures for

24  providing such notice to patients.

25         Section 64.  Paragraph (d) of subsection (2) of section

26  400.506, Florida Statutes, is amended to read:

27         400.506  Licensure of nurse registries; requirements;

28  penalties.--

29         (2)  Each applicant for licensure must comply with the

30  following requirements:

31


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                                         HB 2259, Second Engrossed



  1         (d)  A provisional license may be granted to an

  2  applicant when each individual required by this section to

  3  undergo background screening has met the standards for the

  4  abuse registry background check and the Department of Law

  5  Enforcement background check but the agency has not yet

  6  received background screening results from the Federal Bureau

  7  of Investigation. A standard license may be granted to the

  8  applicant upon the agency's receipt of a report of the results

  9  of the Federal Bureau of Investigation background screening

10  for each individual required by this section to undergo

11  background screening which confirms that all standards have

12  been met, or upon the granting of a disqualification exemption

13  by the agency as set forth in chapter 435. Any other person

14  who is required to undergo level 2 background screening may

15  serve in his or her capacity pending the agency's receipt of

16  the report from the Federal Bureau of Investigation. However,

17  the person may not continue to serve if the report indicates

18  any violation of background screening standards and a

19  disqualification exemption has not been requested of and

20  granted by the agency as set forth in chapter 435.

21         Section 65.  Subsection (6) of section 400.509, Florida

22  Statutes, is amended to read:

23         400.509  Registration of particular service providers

24  exempt from licensure; certificate of registration; regulation

25  of registrants.--

26         (6)  On or before the first day on which services are

27  provided to a patient or client, any registrant under this

28  part must inform the patient or client and his or her

29  immediate family, if appropriate, of the right to report

30  abusive, neglectful, or exploitative practices.  The statewide

31  toll-free telephone number for the central abuse hotline


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                                         HB 2259, Second Engrossed



  1  registry must be provided to patients or clients in a manner

  2  that is clearly legible and must include the words: "To report

  3  abuse, neglect, or exploitation, please call toll-free

  4  ...(phone number)...." Registrants must establish appropriate

  5  policies and procedures for providing such notice to patients

  6  or clients.

  7         Section 66.  Subsections (3), (4), (5), and (6) and

  8  paragraph (a) of subsection (7) of section 400.512, Florida

  9  Statutes, are amended to read:

10         400.512  Screening of home health agency personnel;

11  nurse registry personnel; and companions and homemakers.--The

12  agency shall require employment or contractor screening as

13  provided in chapter 435, using the level 1 standards for

14  screening set forth in that chapter, for home health agency

15  personnel; persons referred for employment by nurse

16  registries; and persons employed by companion or homemaker

17  services registered under s. 400.509.

18         (3)  As a prerequisite to operating as a home health

19  agency, nurse registry, or companion or homemaker service

20  under s. 400.509, the administrator or managing employee,

21  respectively, must submit to the agency his or her name and

22  any other information necessary to conduct a complete

23  screening according to this section.  The agency shall submit

24  the information to the Department of Law Enforcement and the

25  department's abuse hotline for state processing.  The agency

26  shall review the record of the administrator or manager with

27  respect to the offenses specified in this section and shall

28  notify the owner of its findings.  If disposition information

29  is missing on a criminal record, the administrator or manager,

30  upon request of the agency, must obtain and supply within 30

31  days the missing disposition information to the agency.


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                                         HB 2259, Second Engrossed



  1  Failure to supply missing information within 30 days or to

  2  show reasonable efforts to obtain such information will result

  3  in automatic disqualification.

  4         (4)  Proof of compliance with the screening

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

  6  requirements of this section if the person has been

  7  continuously employed or registered without a breach in

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

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

10  through the central abuse registry and tracking system of the

11  department and by the Department of Law Enforcement. A home

12  health agency, nurse registry, or companion or homemaker

13  service registered under s. 400.509 shall directly provide

14  proof of compliance to another home health agency, nurse

15  registry, or companion or homemaker service registered under

16  s. 400.509. The recipient home health agency, nurse registry,

17  or companion or homemaker service registered under s. 400.509

18  may not accept any proof of compliance directly from the

19  person who requires screening. Proof of compliance with the

20  screening requirements of this section shall be provided upon

21  request to the person screened by the home health agencies;

22  nurse registries; or companion or homemaker services

23  registered under s. 400.509.

24         (5)  There is no monetary liability on the part of, and

25  no cause of action for damages arises against, a licensed home

26  health agency, licensed nurse registry, or companion or

27  homemaker service registered under s. 400.509, that, upon

28  notice that the employee or contractor has been found guilty

29  of, regardless of adjudication, or entered a plea of nolo

30  contendere or guilty to, any offense prohibited under s.

31  435.03 or under any similar statute of another jurisdiction of


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                                         HB 2259, Second Engrossed



  1  a confirmed report of adult abuse, neglect, or exploitation,

  2  terminates the employee or contractor against whom the report

  3  was issued, whether or not the employee or contractor has

  4  filed for an exemption with the agency in accordance with

  5  chapter 435 and whether or not the time for filing has

  6  expired.

  7         (6)  The costs of processing the statewide

  8  correspondence criminal records checks and the search of the

  9  department's central abuse hotline must be borne by the home

10  health agency; the nurse registry; or the companion or

11  homemaker service registered under s. 400.509, or by the

12  person being screened, at the discretion of the home health

13  agency, nurse registry, or s. 400.509 registrant.

14         (7)(a)  It is a misdemeanor of the first degree,

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

16  willfully, knowingly, or intentionally to:

17         1.  Fail, by false statement, misrepresentation,

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

19  application for voluntary or paid employment a material fact

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

21  qualifications to be an employee under this section;

22         2.  Operate or attempt to operate an entity licensed or

23  registered under this part with persons who do not meet the

24  minimum standards for good moral character as contained in

25  this section; or

26         3.  Use information from the criminal records or

27  central abuse hotline obtained under this section for any

28  purpose other than screening that person for employment as

29  specified in this section or release such information to any

30  other person for any purpose other than screening for

31  employment under this section.


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                                         HB 2259, Second Engrossed



  1         Section 67.  Paragraph (c) of subsection (1) and

  2  subsection (3) of section 400.5572, Florida Statutes, are

  3  amended to read:

  4         400.5572  Background screening.--

  5         (1)

  6         (c)  The agency may grant a provisional license to an

  7  adult day care center applying for an initial license when

  8  each individual required by this subsection to undergo

  9  screening has completed the abuse registry and Department of

10  Law Enforcement background check checks, but has not yet

11  received results from the Federal Bureau of Investigation, or

12  when a request for an exemption from disqualification has been

13  submitted to the agency pursuant to s. 435.07, but a response

14  has not been issued.

15         (3)  When an employee, volunteer, operator, or owner of

16  an adult day care center is the subject of a confirmed report

17  of adult abuse, neglect, or exploitation, as defined in s.

18  415.102, and the protective investigator knows that the

19  individual is an employee, volunteer, operator, or owner of a

20  center, the agency shall be notified of the confirmed report.

21         Section 68.  Subsection (2) of section 400.628, Florida

22  Statutes, is amended to read:

23         400.628  Residents' bill of rights.--

24         (2)  The provider shall ensure that residents and their

25  legal representatives are made aware of the rights,

26  obligations, and prohibitions set forth in this part.

27  Residents must also be given the names, addresses, and

28  telephone numbers of the district ombudsman council and the

29  central adult abuse hotline registry where they may lodge

30  complaints.

31


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                                         HB 2259, Second Engrossed



  1         Section 69.  Paragraph (d) of subsection (4) of section

  2  400.801, Florida Statutes, is amended to read:

  3         400.801  Homes for special services.--

  4         (4)  Each applicant for licensure must comply with the

  5  following requirements:

  6         (d)  A provisional license may be granted to an

  7  applicant when each individual required by this section to

  8  undergo background screening has met the standards for the

  9  abuse registry background check and the Department of Law

10  Enforcement background check, but the agency has not yet

11  received background screening results from the Federal Bureau

12  of Investigation, or a request for a disqualification

13  exemption has been submitted to the agency as set forth in

14  chapter 435, but a response has not yet been issued. A

15  standard license may be granted to the applicant upon the

16  agency's receipt of a report of the results of the Federal

17  Bureau of Investigation background screening for each

18  individual required by this section to undergo background

19  screening which confirms that all standards have been met, or

20  upon the granting of a disqualification exemption by the

21  agency as set forth in chapter 435. Any other person who is

22  required to undergo level 2 background screening may serve in

23  his or her capacity pending the agency's receipt of the report

24  from the Federal Bureau of Investigation. However, the person

25  may not continue to serve if the report indicates any

26  violation of background screening standards and a

27  disqualification exemption has not been requested of and

28  granted by the agency as set forth in chapter 435.

29         Section 70.  Paragraph (d) of subsection (3) of section

30  400.805, Florida Statutes, is amended to read:

31         400.805  Transitional living facilities.--


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                                         HB 2259, Second Engrossed



  1         (3)  Each applicant for licensure must comply with the

  2  following requirements:

  3         (d)  A provisional license 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

12  standard license may be granted to the applicant upon the

13  agency's receipt of a report of the results of the Federal

14  Bureau of Investigation background screening for each

15  individual required by this section to undergo background

16  screening which confirms that all standards have been met, or

17  upon the granting of a disqualification exemption by the

18  agency as set forth in chapter 435. Any other person who is

19  required to undergo level 2 background screening may serve in

20  his or her capacity pending the agency's receipt of the report

21  from the Federal Bureau of Investigation. However, the person

22  may not continue to serve if the report indicates any

23  violation of background screening standards and a

24  disqualification exemption has not been requested of and

25  granted by the agency as set forth in chapter 435.

26         Section 71.  Paragraph (d) of subsection (5) of section

27  400.906, Florida Statutes, is amended to read:

28         400.906  Initial application for license.--

29         (5)  Each applicant for licensure must comply with the

30  following requirements:

31


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                                         HB 2259, Second Engrossed



  1         (d)  A provisional license may be granted to an

  2  applicant when each individual required by this section to

  3  undergo background screening has met the standards for the

  4  abuse registry background check and the Department of Law

  5  Enforcement background check, but the agency has not yet

  6  received background screening results from the Federal Bureau

  7  of Investigation, or a request for a disqualification

  8  exemption has been submitted to the agency as set forth in

  9  chapter 435, but a response has not yet been issued. A

10  standard license may be granted to the applicant upon the

11  agency's receipt of a report of the results of the Federal

12  Bureau of Investigation background screening for each

13  individual required by this section to undergo background

14  screening which confirms that all standards have been met, or

15  upon the granting of a disqualification exemption by the

16  agency as set forth in chapter 435. Any other person who is

17  required to undergo level 2 background screening may serve in

18  his or her capacity pending the agency's receipt of the report

19  from the Federal Bureau of Investigation. However, the person

20  may not continue to serve if the report indicates any

21  violation of background screening standards and a

22  disqualification exemption has not been requested of and

23  granted by the agency as set forth in chapter 435.

24         Section 72.  Subsection (10) of section 400.931,

25  Florida Statutes, is amended to read:

26         400.931  Application for license; fee; provisional

27  license; temporary permit.--

28         (10)  When a change of the general manager of a home

29  medical equipment provider occurs, the licensee must notify

30  the agency of the change within 45 days thereof and must

31  provide evidence of compliance with the background screening


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                                         HB 2259, Second Engrossed



  1  requirements in subsection (5); except that a general manager

  2  who has met the standards for the abuse registry background

  3  check and the Department of Law Enforcement background check,

  4  but for whom background screening results from the Federal

  5  Bureau of Investigation have not yet been received, may be

  6  employed pending receipt of the Federal Bureau of

  7  Investigation background screening report. An individual may

  8  not continue to serve as general manager if the Federal Bureau

  9  of Investigation background screening report indicates any

10  violation of background screening standards.

11         Section 73.  Section 400.95, Florida Statutes, is

12  amended to read:

13         400.95  Notice of toll-free telephone number for

14  central abuse hotline registry.--On or before the first day

15  home medical equipment is delivered to the patient's home, any

16  home medical equipment provider licensed under this part must

17  inform the consumer and his or her immediate family, if

18  appropriate, of the right to report abusive, neglectful, or

19  exploitative practices. The statewide toll-free telephone

20  number for the central abuse hotline registry must be provided

21  to consumers in a manner that is clearly legible and must

22  include the words:  "To report abuse, neglect, or

23  exploitation, please call toll-free 1-800-962-2873." Home

24  medical equipment providers shall establish appropriate

25  policies and procedures for providing such notice to

26  consumers.

27         Section 74.  Subsections (3), (4), (5), and (6) and

28  paragraph (a) of subsection (7) of section 400.953, Florida

29  Statutes, are amended to read:

30         400.953  Background screening of home medical equipment

31  provider personnel.--The agency shall require employment


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                                         HB 2259, Second Engrossed



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

  2  standards for screening set forth in that chapter, for home

  3  medical equipment provider personnel.

  4         (3)  Proof of compliance with the screening

  5  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

  6  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

  7  985.407 or this part must be accepted in lieu of the

  8  requirements of this section if the person has been

  9  continuously employed in the same type of occupation for which

10  he or she is seeking employment without a breach in service

11  that exceeds 180 days, the proof of compliance is not more

12  than 2 years old, and the person has been screened through the

13  central abuse registry and tracking system of the department

14  and by the Department of Law Enforcement. An employer or

15  contractor shall directly provide proof of compliance to

16  another employer or contractor, and a potential employer or

17  contractor may not accept any proof of compliance directly

18  from the person requiring screening. Proof of compliance with

19  the screening requirements of this section shall be provided,

20  upon request, to the person screened by the home medical

21  equipment provider.

22         (4)  There is no monetary liability on the part of, and

23  no cause of action for damages arising against, a licensed

24  home medical equipment provider that, upon notice that an

25  employee has been found guilty of, regardless of adjudication,

26  or entered a plea of nolo contendere or guilty to, any offense

27  prohibited under s. 435.03 or under any similar statute of

28  another jurisdiction of a confirmed report of adult abuse,

29  neglect, or exploitation under chapter 415, terminates the

30  employee against whom the report was issued, whether or not

31


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                                         HB 2259, Second Engrossed



  1  the employee has filed for an exemption with the agency and

  2  whether or not the time for filing has expired.

  3         (5)  The costs of processing the statewide

  4  correspondence criminal records checks and the search of the

  5  department's central abuse registry must be borne by the home

  6  medical equipment provider or by the person being screened, at

  7  the discretion of the home medical equipment provider.

  8         (6)  Neither the agency nor the home medical equipment

  9  provider may use the criminal records or, juvenile records, or

10  central abuse registry information of a person for any purpose

11  other than determining whether that person meets minimum

12  standards of good moral character for home medical equipment

13  provider personnel.

14         (7)(a)  It is a misdemeanor of the first degree,

15  punishable as provided in s. 775.082 or s. 775.083, for any

16  person willfully, knowingly, or intentionally to:

17         1.  Fail, by false statement, misrepresentation,

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

19  application for paid employment a material fact used in making

20  a determination as to the person's qualifications to be an

21  employee under this section;

22         2.  Operate or attempt to operate an entity licensed

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

24  standards for good moral character as contained in this

25  section; or

26         3.  Use information from the criminal records or

27  central abuse registry obtained under this section for any

28  purpose other than screening that person for employment as

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

30  other person for any purpose other than screening for

31  employment under this section.


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                                         HB 2259, Second Engrossed



  1         Section 75.  Subsection (1) of section 400.955, Florida

  2  Statutes, is amended to read:

  3         400.955  Procedures for screening of home medical

  4  equipment provider personnel.--

  5         (1)  A person employed by a home medical equipment

  6  provider shall, within 5 working days after starting to work,

  7  submit to the home medical equipment provider a complete set

  8  of information necessary to conduct a screening under this

  9  section. The person must sign an affidavit stating whether he

10  or she meets the minimum standards for good moral character

11  under this section. The home medical equipment provider shall

12  submit the information to the Department of Law Enforcement

13  and to the department's central abuse registry and tracking

14  system for processing. If disposition information is missing

15  on a criminal record, it is the responsibility of the person

16  being screened to obtain and supply the missing information

17  within 30 days. Failure to supply the missing information or

18  to show reasonable efforts to obtain such information will

19  result in automatic disqualification for employment.

20         Section 76.  Paragraph (d) of subsection (10) of

21  section 400.962, Florida Statutes, is amended to read:

22         400.962  License required; license application.--

23         (10)

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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                                         HB 2259, Second Engrossed



  1  chapter 435, but a response has not yet been issued. A license

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

  3  report of the results of the Federal Bureau of Investigation

  4  background screening for each individual required by this

  5  section to undergo background screening which confirms that

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

  7  disqualification exemption by the agency as set forth in

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

  9  2 background screening may serve in his or her capacity

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

11  Bureau of Investigation; however, the person may not continue

12  to serve if the report indicates any violation of background

13  screening standards and a disqualification exemption has not

14  been granted by the agency as set forth in chapter 435.

15         Section 77.  Subsections (4) and (8) of section

16  400.964, Florida Statutes, are amended to read:

17         400.964  Personnel screening requirement.--

18         (4)  The applicant is responsible for paying the fees

19  associated with obtaining the required screening. Payment for

20  the screening and the abuse registry check must be submitted

21  to the agency as prescribed by the agency.

22         (8)  There is no monetary or unemployment liability on

23  the part of, and no cause of action for damages arises against

24  an employer that, upon notice of a disqualifying offense

25  listed under chapter 435 or a confirmed report of abuse,

26  neglect, or exploitation or an act of domestic violence,

27  terminates the employee against whom the report was issued,

28  whether or not the employee has filed for an exemption with

29  the Department of Health or the Agency for Health Care

30  Administration.

31


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                                         HB 2259, Second Engrossed



  1         Section 78.  Paragraph (d) of subsection (2) of section

  2  402.3025, Florida Statutes, is amended to read:

  3         402.3025  Public and nonpublic schools.--For the

  4  purposes of ss. 402.301-402.319, the following shall apply:

  5         (2)  NONPUBLIC SCHOOLS.--

  6         (d)1.  Programs for children who are at least 3 years

  7  of age, but under 5 years of age, which are not licensed under

  8  ss. 402.301-402.319 shall substantially comply with the

  9  minimum child care standards promulgated pursuant to ss.

10  402.305-402.3057.

11         2.  The department or local licensing agency shall

12  enforce compliance with such standards, where possible, to

13  eliminate or minimize duplicative inspections or visits by

14  staff enforcing the minimum child care standards and staff

15  enforcing other standards under the jurisdiction of the

16  department.

17         3.  The department or local licensing agency may

18  commence and maintain all proper and necessary actions and

19  proceedings for any or all of the following purposes:

20         a.  To protect the health, sanitation, safety, and

21  well-being of all children under care.

22         b.  To enforce its rules and regulations.

23         c.  To use corrective action plans, whenever possible,

24  to attain compliance prior to the use of more restrictive

25  enforcement measures.

26         d.  To make application for injunction to the proper

27  circuit court, and the judge of that court shall have

28  jurisdiction upon hearing and for cause shown to grant a

29  temporary or permanent injunction, or both, restraining any

30  person from violating or continuing to violate any of the

31  provisions of ss. 402.301-402.319. Any violation of this


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                                         HB 2259, Second Engrossed



  1  section or of the standards applied under ss. 402.305-402.3057

  2  which threatens harm to any child in the school's programs for

  3  children who are at least 3 years of age, but are under 5

  4  years of age, or repeated violations of this section or the

  5  standards under ss. 402.305-402.3057, shall be grounds to seek

  6  an injunction to close a program in a school.

  7         e.  To impose an administrative fine, not to exceed

  8  $100, for each violation of the minimum child care standards

  9  promulgated pursuant to ss. 402.305-402.3057.

10         4.  It is a misdemeanor of the first degree, punishable

11  as provided in s. 775.082 or s. 775.083, for any person

12  willfully, knowingly, or intentionally to:

13         a.  Fail, by false statement, misrepresentation,

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

15  required written documentation for exclusion from licensure

16  pursuant to this section a material fact used in making a

17  determination as to such exclusion; or

18         b.  Use information from the criminal records or

19  central abuse registry obtained under s. 402.305 or s.

20  402.3055 for any purpose other than screening that person for

21  employment as specified in those sections or release such

22  information to any other person for any purpose other than

23  screening for employment as specified in those sections.

24         5.  It is a felony of the third degree, punishable as

25  provided in s. 775.082, s. 775.083, or s. 775.084, for any

26  person willfully, knowingly, or intentionally to use

27  information from the juvenile records of any person obtained

28  under s. 402.305 or s. 402.3055 for any purpose other than

29  screening for employment as specified in those sections or to

30  release information from such records to any other person for

31


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                                         HB 2259, Second Engrossed



  1  any purpose other than screening for employment as specified

  2  in those sections.

  3         Section 79.  Paragraph (c) of subsection (5) of section

  4  402.3125, Florida Statutes, is amended to read:

  5         402.3125  Display and appearance of license; posting of

  6  violations; information to be provided to parents.--

  7         (5)  The department shall develop a model brochure for

  8  distribution by the department and by local licensing agencies

  9  to every child care facility in the state.  Pursuant thereto:

10         (c)  The brochure shall, at a minimum, contain the

11  following information:

12         1.  A statement that the facility is licensed and has

13  met state standards for licensure as established by s. 402.305

14  or that the facility is licensed by a local licensing agency

15  and has met or exceeded the state standards, pursuant to ss.

16  402.306 and 402.307. Such statement shall include a listing of

17  specific standards that licensed facilities must meet pursuant

18  to s. 402.305.

19         2.  A statement indicating that information about the

20  licensure status of the child care facility can be obtained by

21  telephoning the department office or the office of the local

22  licensing agency issuing the license at a telephone number or

23  numbers which shall be printed upon or otherwise affixed to

24  the brochure.

25         3.  The statewide toll-free telephone number of the

26  central Florida abuse hotline Registry, together with a notice

27  that reports of suspected and actual cases of child physical

28  abuse, sexual abuse, and neglect are received and referred for

29  investigation by the hotline registry.

30

31


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                                         HB 2259, Second Engrossed



  1         4.  The date that the current license for the facility

  2  was issued and the date of its scheduled expiration if it is

  3  not renewed.

  4         5.  Any other information relating to competent child

  5  care that the department deems would be helpful to parents and

  6  other caretakers in their selection of a child care facility.

  7         Section 80.  Paragraph (d) of subsection (6) of section

  8  402.313, Florida Statutes, is amended to read:

  9         402.313  Family day care homes.--

10         (6)  The department shall prepare a brochure on family

11  day care for distribution by the department and by local

12  licensing agencies, if appropriate, to family day care homes

13  for distribution to parents utilizing such child care, and to

14  all interested persons, including physicians and other health

15  professionals; mental health professionals; school teachers or

16  other school personnel; social workers or other professional

17  child care, foster care, residential, or institutional

18  workers; and law enforcement officers. The brochure shall, at

19  a minimum, contain the following information:

20         (d)  The statewide toll-free telephone number of the

21  central Florida abuse hotline Registry, together with a notice

22  that reports of suspected and actual child physical abuse,

23  sexual abuse, and neglect are received and referred for

24  investigation by the hotline registry.

25         Section 81.  Paragraph (b) of subsection (11) of

26  section 409.175, Florida Statutes, is amended to read:

27         409.175  Licensure of family foster homes, residential

28  child-caring agencies, and child-placing agencies.--

29         (11)

30         (b)  It is unlawful for any person, agency, summer day

31  camp, or summer 24-hour camp providing care for children to:


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                                         HB 2259, Second Engrossed



  1         1.  Willfully or intentionally fail to comply with the

  2  requirements for the screening of personnel or the dismissal

  3  of personnel found not to be in compliance with the

  4  requirements for good moral character as specified in

  5  paragraph (4)(a).

  6         2.  Use information from the criminal records or

  7  central abuse registry obtained under this section for any

  8  purpose other than screening a person for employment as

  9  specified in this section or to release such information to

10  any other person for any purpose other than screening for

11  employment as specified in this section.

12         Section 82.  Subsection (29) of section 409.912,

13  Florida Statutes, is amended to read:

14         409.912  Cost-effective purchasing of health care.--The

15  agency shall purchase goods and services for Medicaid

16  recipients in the most cost-effective manner consistent with

17  the delivery of quality medical care.  The agency shall

18  maximize the use of prepaid per capita and prepaid aggregate

19  fixed-sum basis services when appropriate and other

20  alternative service delivery and reimbursement methodologies,

21  including competitive bidding pursuant to s. 287.057, designed

22  to facilitate the cost-effective purchase of a case-managed

23  continuum of care. The agency shall also require providers to

24  minimize the exposure of recipients to the need for acute

25  inpatient, custodial, and other institutional care and the

26  inappropriate or unnecessary use of high-cost services.

27         (29)  Each managed care plan that is under contract

28  with the agency to provide health care services to Medicaid

29  recipients shall annually conduct a background check with the

30  Florida Department of Law Enforcement of all persons with

31  ownership interest of 5 percent or more or executive


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                                         HB 2259, Second Engrossed



  1  management responsibility for the managed care plan and shall

  2  submit to the agency information concerning any such person

  3  who has been found guilty of, regardless of adjudication, or

  4  has entered a plea of nolo contendere or guilty to, any of the

  5  offenses listed in s. 435.03 or has a confirmed report of

  6  abuse, neglect, or exploitation pursuant to chapter 415.

  7         Section 83.  Subsection (5) of section 430.205, Florida

  8  Statutes, is amended to read:

  9         430.205  Community care service system.--

10         (5)  Any person who has been classified as a

11  functionally impaired elderly person is eligible to receive

12  community-care-for-the-elderly core services. Those elderly

13  persons who are determined by adult protective investigations

14  services to be vulnerable adults elderly persons in need of

15  services, pursuant to s. 415.104(3)(b) 415.1045(2)(b), or to

16  be victims of abuse, neglect, or exploitation who are in need

17  of immediate services to prevent further harm and are referred

18  by the adult protective services program, shall be given

19  primary consideration for receiving

20  community-care-for-the-elderly services. As used in this

21  subsection, "primary consideration" means that an assessment

22  and services must commence within 72 hours after referral to

23  the department or as established in accordance with department

24  contracts by local protocols developed between department

25  service providers and the adult protective services program.

26         Section 84.  Subsection (1) of section 447.208, Florida

27  Statutes, is amended to read:

28         447.208  Procedure with respect to certain appeals

29  under s. 447.207.--

30         (1)  Any person filing an appeal pursuant to subsection

31  (8) or subsection (9) of s. 447.207 shall be entitled to a


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                                         HB 2259, Second Engrossed



  1  hearing pursuant to subsections (4) and (5) of s. 447.503 and

  2  in accordance with chapter 120; however, the hearing shall be

  3  conducted within 30 days of the filing of an appeal with the

  4  commission, unless an extension of time is granted by the

  5  commission for good cause or unless the basis for the appeal

  6  is an allegation of abuse or neglect under s. 415.1075, in

  7  which case the hearing by the Public Employees Relations

  8  Commission may not be held until the confirmed report of abuse

  9  or neglect has been upheld pursuant to the procedures for

10  appeal in s. 415.1075. Discovery may be granted only upon a

11  showing of extraordinary circumstances. A party requesting

12  discovery shall demonstrate a substantial need for the

13  information requested and an inability to obtain relevant

14  information by other means.  To the extent that chapter 120 is

15  inconsistent with these provisions, the procedures contained

16  in this section shall govern.

17         Section 85.  Section 447.401, Florida Statutes, is

18  amended to read:

19         447.401  Grievance procedures.--Each public employer

20  and bargaining agent shall negotiate a grievance procedure to

21  be used for the settlement of disputes between employer and

22  employee, or group of employees, involving the interpretation

23  or application of a collective bargaining agreement.  Such

24  grievance procedure shall have as its terminal step a final

25  and binding disposition by an impartial neutral, mutually

26  selected by the parties; however, when the issue under appeal

27  is an allegation of abuse, abandonment, or neglect by an

28  employee under s. 39.201 or s. 415.1034 s. 415.1075, the

29  grievance may not be decided until the abuse, abandonment, or

30  neglect of a child has been judicially determined or until a

31  confirmed report of abuse or neglect of a disabled adult or


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                                         HB 2259, Second Engrossed



  1  elderly person has been upheld pursuant to the procedures for

  2  appeal in s. 415.1075.  However, an arbiter or other neutral

  3  shall not have the power to add to, subtract from, modify, or

  4  alter the terms of a collective bargaining agreement.  If an

  5  employee organization is certified as the bargaining agent of

  6  a unit, the grievance procedure then in existence may be the

  7  subject of collective bargaining, and any agreement which is

  8  reached shall supersede the previously existing procedure.

  9  All public employees shall have the right to a fair and

10  equitable grievance procedure administered without regard to

11  membership or nonmembership in any organization, except that

12  certified employee organizations shall not be required to

13  process grievances for employees who are not members of the

14  organization.  A career service employee shall have the option

15  of utilizing the civil service appeal procedure, an unfair

16  labor practice procedure, or a grievance procedure established

17  under this section, but such employee is precluded from

18  availing himself or herself to more than one of these

19  procedures.

20         Section 86.  Subsection (5) of section 455.712, Florida

21  Statutes, is amended to read:

22         455.712  Business establishments; requirements for

23  active status licenses.--

24         (5)  This section applies to any business establishment

25  registered, permitted, or licensed by the department to do

26  business. Business establishments include, but are not limited

27  to, dental laboratories, electrology facilities, massage

28  establishments, and pharmacies, and health care services

29  pools.

30         Section 87.  Paragraph (e) of subsection (1) of section

31  464.018, Florida Statutes, is amended to read:


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                                         HB 2259, Second Engrossed



  1         464.018  Disciplinary actions.--

  2         (1)  The following acts shall be grounds for

  3  disciplinary action set forth in this section:

  4         (e)  Having been found guilty of, regardless of

  5  adjudication, or entered a plea of nolo contendere or guilty

  6  to, any offense prohibited under s. 435.03 or under any

  7  similar statute of another jurisdiction a confirmed report of

  8  abuse, neglect, or exploitation as defined in s. 415.102(6)

  9  which has been uncontested or upheld under the procedures of

10  s. 415.1075; or having committed an act which constitutes

11  domestic violence as defined in s. 741.28.

12         Section 88.  Paragraph (f) of subsection (4) of section

13  468.520, Florida Statutes, is amended to read:

14         468.520  Definitions.--As used in this part:

15         (4)  "Employee leasing" means an arrangement whereby a

16  leasing company assigns its employees to a client and

17  allocates the direction of and control over the leased

18  employees between the leasing company and the client. The term

19  does not include the following:

20         (f)  A health care services pool licensed under s.

21  400.980 402.48, unless otherwise engaged in business as an

22  employee leasing company.

23         Section 89.  Section 468.826, Florida Statutes, is

24  amended to read:

25         468.826  Exemption from liability.--If an employer

26  terminates or denies employment to a certified nursing

27  assistant whose certification is inactive as shown on the

28  certified nursing assistant registry or whose name appears on

29  the central abuse registry and tracking system of the

30  Department of Children and Family Services or on a criminal

31  screening report of the Department of Law Enforcement, the


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                                         HB 2259, Second Engrossed



  1  employer is not civilly liable for such termination and a

  2  cause of action may not be brought against the employer for

  3  damages, regardless of whether the employee has filed for an

  4  exemption from the department under s. 468.824(1). There may

  5  not be any monetary liability on the part of, and a cause of

  6  action for damages may not arise against, any licensed

  7  facility, its governing board or members thereof, medical

  8  staff, disciplinary board, agents, investigators, witnesses,

  9  employees, or any other person for any action taken in good

10  faith without intentional fraud in carrying out this section.

11         Section 90.  Subsections (1) and (2) of section

12  468.828, Florida Statutes, are amended to read:

13         468.828  Background screening information; rulemaking

14  authority.--

15         (1)  The Agency for Health Care Administration shall

16  allow the department to electronically access its background

17  screening database and records, and the Department of Children

18  and Family Services shall allow the department to

19  electronically access its central abuse registry and tracking

20  system under chapter 415.

21         (2)  An employer, or an agent thereof, may not use

22  criminal records or, juvenile records, or information obtained

23  from the central abuse hotline under chapter 415 for any

24  purpose other than determining if the person meets the

25  requirements of this part. Such records and information

26  obtained by the department shall remain confidential and

27  exempt from s. 119.07(1).

28         Section 91.  Paragraph (d) of subsection (2) of section

29  483.101, Florida Statutes, is amended to read:

30         483.101  Application for clinical laboratory license.--

31


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                                         HB 2259, Second Engrossed



  1         (2)  Each applicant for licensure must comply with the

  2  following requirements:

  3         (d)  A provisional license 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 license

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

13  report of the results of the Federal Bureau of Investigation

14  background screening for each individual required by this

15  section to undergo background screening which confirms that

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

17  disqualification exemption by the agency as set forth in

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

19  2 background screening may serve in his or her capacity

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

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

22  to serve if the report indicates any violation of background

23  screening standards and a disqualification exemption has not

24  been requested of and granted by the agency as set forth in

25  chapter 435.

26         Section 92.  Paragraph (d) of subsection (2) of section

27  483.30, Florida Statutes, is amended to read:

28         483.30  Licensing of centers.--

29         (2)  Each applicant for licensure must comply with the

30  following requirements:

31


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                                         HB 2259, Second Engrossed



  1         (d)  A provisional license may be granted to an

  2  applicant when each individual required by this section to

  3  undergo background screening has met the standards for the

  4  abuse registry background check and the Department of Law

  5  Enforcement background check, but the agency has not yet

  6  received background screening results from the Federal Bureau

  7  of Investigation, or a request for a disqualification

  8  exemption has been submitted to the agency as set forth in

  9  chapter 435 but a response has not yet been issued. A license

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

11  report of the results of the Federal Bureau of Investigation

12  background screening for each individual required by this

13  section to undergo background screening which confirms that

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

15  disqualification exemption by the agency as set forth in

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

17  2 background screening may serve in his or her capacity

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

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

20  to serve if the report indicates any violation of background

21  screening standards and a disqualification exemption has not

22  been requested of and granted by the agency as set forth in

23  chapter 435.

24         Section 93.  Paragraph (a) of subsection (2) of section

25  509.032, Florida Statutes, is amended to read:

26         509.032  Duties.--

27         (2)  INSPECTION OF PREMISES.--

28         (a)  The division has responsibility and jurisdiction

29  for all inspections required by this chapter.  The division

30  has responsibility for quality assurance.  Each licensed

31  establishment shall be inspected at least biannually and at


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                                         HB 2259, Second Engrossed



  1  such other times as the division determines is necessary to

  2  ensure the public's health, safety, and welfare.  The division

  3  shall establish a system to determine inspection frequency.

  4  Public lodging units classified as resort condominiums or

  5  resort dwellings are not subject to this requirement, but

  6  shall be made available to the division upon request.  If,

  7  during the inspection of a public lodging establishment

  8  classified for renting to transient or nontransient tenants,

  9  an inspector identifies vulnerable disabled adults or elderly

10  persons who appear to be victims of neglect, as defined in s.

11  415.102, or, in the case of a building that is not equipped

12  with automatic sprinkler systems, tenants or clients who may

13  be unable to self-preserve in an emergency, the division shall

14  convene meetings with the following agencies as appropriate to

15  the individual situation: the Department of Health, the

16  Department of Elderly Affairs, the area agency on aging, the

17  local fire marshal, the landlord and affected tenants and

18  clients, and other relevant organizations, to develop a plan

19  which improves the prospects for safety of affected residents

20  and, if necessary, identifies alternative living arrangements

21  such as facilities licensed under part II or part III of

22  chapter 400.

23         Section 94.  Subsection (3) of section 744.309, Florida

24  Statutes, is amended to read:

25         744.309  Who may be appointed guardian of a resident

26  ward.--

27         (3)  DISQUALIFIED PERSONS.--No person who has been

28  convicted of a felony or who, from any incapacity or illness,

29  is incapable of discharging the duties of a guardian, or who

30  is otherwise unsuitable to perform the duties of a guardian,

31  shall be appointed to act as guardian.  Further, no person who


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                                         HB 2259, Second Engrossed



  1  has been judicially determined to have committed abuse,

  2  abandonment, or neglect against a child as defined in s. 39.01

  3  or s. 984.03(1), (2), and (39), or who has been found guilty

  4  of, regardless of adjudication, or entered a plea of nolo

  5  contendere or guilty to, any offense prohibited under s.

  6  435.03 or under any similar statute of another jurisdiction, a

  7  confirmed report of abuse, neglect, or exploitation which has

  8  been uncontested or upheld pursuant to the provisions of ss.

  9  415.104 and 415.1075 shall be appointed to act as a guardian.

10  Except as provided in subsection (5) or subsection (6), a

11  person who provides substantial services to the proposed ward

12  in a professional or business capacity, or a creditor of the

13  proposed ward, may not be appointed guardian and retain that

14  previous professional or business relationship.  A person may

15  not be appointed a guardian if he or she is in the employ of

16  any person, agency, government, or corporation that provides

17  service to the proposed ward in a professional or business

18  capacity, except that a person so employed may be appointed if

19  he or she is the spouse, adult child, parent, or sibling of

20  the proposed ward or the court determines that the potential

21  conflict of interest is insubstantial and that the appointment

22  would clearly be in the proposed ward's best interest. The

23  court may not appoint a guardian in any other circumstance in

24  which a conflict of interest may occur.

25         Section 95.  Subsection (12) of section 744.474,

26  Florida Statutes, is amended to read:

27         744.474  Reasons for removal of guardian.--A guardian

28  may be removed for any of the following reasons, and the

29  removal shall be in addition to any other penalties prescribed

30  by law:

31


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                                         HB 2259, Second Engrossed



  1         (12)  Having been found guilty of, regardless of

  2  adjudication, or entered a plea of nolo contendere or guilty

  3  to, any offense prohibited under s. 435.03 or under any

  4  similar statute of another jurisdiction A confirmed report

  5  pursuant to a protective investigation made by the Department

  6  of Children and Family Services, which has been uncontested or

  7  has been upheld, in accordance with s. 415.1075, that the

  8  guardian has abused, neglected, or exploited the ward.

  9         Section 96.  Section 744.7081, Florida Statutes, is

10  amended to read:

11         744.7081  Access to records by Statewide Public

12  Guardianship Office; confidentiality.--Notwithstanding any

13  other provision of law to the contrary, any medical,

14  financial, or mental health records held by an agency, or the

15  court and its agencies, which are necessary to evaluate the

16  public guardianship system, to assess the need for additional

17  public guardianship, or to develop required reports, shall be

18  provided to the Statewide Public Guardianship Office upon that

19  office's request. Any confidential or exempt information

20  provided to the Statewide Public Guardianship Office shall

21  continue to be held confidential or exempt as otherwise

22  provided by law. All records held by the Statewide Public

23  Guardianship Office relating to the medical, financial, or

24  mental health of vulnerable citizens who are elderly persons

25  or disabled adults as defined in chapter 415, persons with a

26  developmental disability as defined in chapter 393, or persons

27  with a mental illness as defined in chapter 394, shall be

28  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

29  of the State Constitution. This section is subject to the Open

30  Government Sunset Review Act of 1995 in accordance with s.

31  119.15, and shall stand repealed on October 2, 2004, unless


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                                         HB 2259, Second Engrossed



  1  reviewed and saved from repeal through reenactment by the

  2  Legislature.

  3         Section 97.  Paragraph (a) of subsection (6) of section

  4  775.21, Florida Statutes, is amended to read:

  5         775.21  The Florida Sexual Predators Act; definitions;

  6  legislative findings, purpose, and intent; criteria;

  7  designation; registration; community and public notification;

  8  immunity; penalties.--

  9         (6)  REGISTRATION.--

10         (a)  A sexual predator must register with the

11  department by providing the following information to the

12  department:

13         1.  Name, social security number, age, race, sex, date

14  of birth, height, weight, hair and eye color, photograph,

15  address of legal residence and address of any current

16  temporary residence, including a rural route address and a

17  post office box, date and place of any employment, date and

18  place of each conviction, fingerprints, and a brief

19  description of the crime or crimes committed by the offender.

20  A post office box shall not be provided in lieu of a physical

21  residential address. If the sexual predator's place of

22  residence is a motor vehicle, trailer, mobile home, or

23  manufactured home, as defined in chapter 320, the sexual

24  predator shall also provide to the department written notice

25  of the vehicle identification number; the license tag number;

26  the registration number; and a description, including color

27  scheme, of the motor vehicle, trailer, mobile home, or

28  manufactured home. If a sexual predator's place of residence

29  is a vessel, live-aboard vessel, or houseboat, as defined in

30  chapter 327, the sexual predator shall also provide to the

31  department written notice of the hull identification number;


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                                         HB 2259, Second Engrossed



  1  the manufacturer's serial number; the name of the vessel,

  2  live-aboard vessel, or houseboat; the registration number; and

  3  a description, including color scheme, of the vessel,

  4  live-aboard vessel, or houseboat.

  5         2.  Any other information determined necessary by the

  6  department, including criminal and corrections records;

  7  nonprivileged personnel and, treatment, and abuse registry

  8  records; and evidentiary genetic markers when available.

  9         Section 98.  Paragraph (e) of subsection (5) of section

10  916.107, Florida Statutes, is amended to read:

11         916.107  Rights of forensic clients.--

12         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

13         (e)  Each client committed pursuant to this chapter

14  shall have ready access to a telephone in order to report an

15  alleged abuse.  The facility or program staff shall orally and

16  in writing inform each client of the procedure for reporting

17  abuse and shall present the information in a language the

18  client understands.  A written copy of that procedure,

19  including the telephone number of the central abuse hotline

20  registry and reporting forms, shall be posted in plain view.

21         Section 99.  Paragraph (a) of subsection (4) of section

22  943.0585, Florida Statutes, is amended to read:

23         943.0585  Court-ordered expunction of criminal history

24  records.--The courts of this state have jurisdiction over

25  their own procedures, including the maintenance, expunction,

26  and correction of judicial records containing criminal history

27  information to the extent such procedures are not inconsistent

28  with the conditions, responsibilities, and duties established

29  by this section.  Any court of competent jurisdiction may

30  order a criminal justice agency to expunge the criminal

31  history record of a minor or an adult who complies with the


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                                         HB 2259, Second Engrossed



  1  requirements of this section.  The court shall not order a

  2  criminal justice agency to expunge a criminal history record

  3  until the person seeking to expunge a criminal history record

  4  has applied for and received a certificate of eligibility for

  5  expunction pursuant to subsection (2).  A criminal history

  6  record that relates to a violation of chapter 794, s. 800.04,

  7  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  8  violation enumerated in s. 907.041 may not be expunged,

  9  without regard to whether adjudication was withheld, if the

10  defendant was found guilty of or pled guilty or nolo

11  contendere to the offense, or if the defendant, as a minor,

12  was found to have committed, or pled guilty or nolo contendere

13  to committing, the offense as a delinquent act. The court may

14  only order expunction of a criminal history record pertaining

15  to one arrest or one incident of alleged criminal activity,

16  except as provided in this section. The court may, at its sole

17  discretion, order the expunction of a criminal history record

18  pertaining to more than one arrest if the additional arrests

19  directly relate to the original arrest. If the court intends

20  to order the expunction of records pertaining to such

21  additional arrests, such intent must be specified in the

22  order. A criminal justice agency may not expunge any record

23  pertaining to such additional arrests if the order to expunge

24  does not articulate the intention of the court to expunge a

25  record pertaining to more than one arrest. This section does

26  not prevent the court from ordering the expunction of only a

27  portion of a criminal history record pertaining to one arrest

28  or one incident of alleged criminal activity.  Notwithstanding

29  any law to the contrary, a criminal justice agency may comply

30  with laws, court orders, and official requests of other

31  jurisdictions relating to expunction, correction, or


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  1  confidential handling of criminal history records or

  2  information derived therefrom.  This section does not confer

  3  any right to the expunction of any criminal history record,

  4  and any request for expunction of a criminal history record

  5  may be denied at the sole discretion of the court.

  6         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  7  criminal history record of a minor or an adult which is

  8  ordered expunged by a court of competent jurisdiction pursuant

  9  to this section must be physically destroyed or obliterated by

10  any criminal justice agency having custody of such record;

11  except that any criminal history record in the custody of the

12  department must be retained in all cases. A criminal history

13  record ordered expunged that is retained by the department is

14  confidential and exempt from the provisions of s. 119.07(1)

15  and s. 24(a), Art. I of the State Constitution and not

16  available to any person or entity except upon order of a court

17  of competent jurisdiction. A criminal justice agency may

18  retain a notation indicating compliance with an order to

19  expunge.

20         (a)  The person who is the subject of a criminal

21  history record that is expunged under this section or under

22  other provisions of law, including former s. 893.14, former s.

23  901.33, and former s. 943.058, may lawfully deny or fail to

24  acknowledge the arrests covered by the expunged record, except

25  when the subject of the record:

26         1.  Is a candidate for employment with a criminal

27  justice agency;

28         2.  Is a defendant in a criminal prosecution;

29         3.  Concurrently or subsequently petitions for relief

30  under this section or s. 943.059;

31         4.  Is a candidate for admission to The Florida Bar;


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                                         HB 2259, Second Engrossed



  1         5.  Is seeking to be employed or licensed by or to

  2  contract with the Department of Children and Family Services

  3  or the Department of Juvenile Justice or to be employed or

  4  used by such contractor or licensee in a sensitive position

  5  having direct contact with children, the developmentally

  6  disabled, the aged, or the elderly as provided in s.

  7  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

  8  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

  9  415.1075(4), s. 985.407, or chapter 400; or

10         6.  Is seeking to be employed or licensed by the Office

11  of Teacher Education, Certification, Staff Development, and

12  Professional Practices of the Department of Education, any

13  district school board, or any local governmental entity that

14  licenses child care facilities.

15         Section 100.  Paragraph (e) of subsection (4) of

16  section 985.05, Florida Statutes, is amended to read:

17         985.05  Court records.--

18         (4)  A court record of proceedings under this part is

19  not admissible in evidence in any other civil or criminal

20  proceeding, except that:

21         (e)  Records of proceedings under this part may be used

22  to prove disqualification pursuant to ss. 110.1127, 393.0655,

23  394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and

24  985.407, and for proof in a chapter 120 proceeding pursuant to

25  s. 415.1075.

26         Section 101.  Sections 415.1065, 415.1075, 415.1085,

27  and 415.109, Florida Statutes, are repealed.

28         Section 102.  There is hereby appropriated from the

29  Health Care Trust Fund to the Agency for Health Care

30  Administration one full-time equivalent position and $60,000

31  to implement the provisions of s. 400.980, Florida Statutes,


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                                         HB 2259, Second Engrossed



  1  relating to the regulation of health care services pools, as

  2  provided for in this act.

  3         Section 103.  Except as otherwise provided herein, this

  4  act shall take effect September 1, 2000.

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