Senate Bill sb2308
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
By Senator Saunders
25-1593-02
1 A bill to be entitled
2 An act relating to background screening;
3 amending ss. 435.03, 435.04, F.S.; revising the
4 level 1 and level 2 screening standards;
5 providing additional screening standards for
6 persons employed in a health care facility or
7 seeking professional licensure or certification
8 by the Department of Health; creating s.
9 435.12, F.S.; providing requirements for
10 rescreening after a specified period; requiring
11 that a person be rescreened following a break
12 in service of more than a specified period;
13 providing an exception for certain leaves of
14 absence which are preapproved; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 435.03, Florida Statutes, is
20 amended to read:
21 435.03 Level 1 screening standards.--
22 (1) All employees required by law to be screened shall
23 be required to undergo background screening as a condition of
24 employment and continued employment. For the purposes of this
25 subsection, level 1 screenings shall include, but not be
26 limited to, employment history checks and statewide criminal
27 correspondence checks through the Florida Department of Law
28 Enforcement, and may include local criminal records checks
29 through local law enforcement agencies.
30 (2) Any person for whom employment screening is
31 required by statute must not have been found guilty of,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 regardless of adjudication, or entered a plea of nolo
2 contendere or guilty to, any offense prohibited under any of
3 the following provisions of the Florida Statutes or under any
4 similar statute of another jurisdiction:
5 (a) Former s. Section 415.111, relating to abuse,
6 neglect, or exploitation of a vulnerable adult.
7 (b) Section 782.04, relating to murder.
8 (c) Section 782.07, relating to manslaughter,
9 aggravated manslaughter of an elderly person or disabled
10 adult, or aggravated manslaughter of a child.
11 (d) Section 782.071, relating to vehicular homicide.
12 (e) Section 782.09, relating to killing of an unborn
13 child by injury to the mother.
14 (f) Chapter 784, relating to assault, battery, and
15 culpable negligence, if the offense was a felony.
16 (g)(f) Section 784.011, relating to assault, if the
17 victim of the offense was a minor.
18 (g) Section 784.021, relating to aggravated assault.
19 (h) Section 784.03, relating to battery, if the victim
20 of the offense was a minor.
21 (i) Section 784.045, relating to aggravated battery.
22 (i)(j) Section 787.01, relating to kidnapping.
23 (j)(k) Section 787.02, relating to false imprisonment.
24 (k) Section 790.115(1), relating to exhibiting
25 firearms or weapons within 1,000 feet of a school.
26 (l) Section 790.115(2)(b), relating to possessing an
27 electric weapon or device, destructive device, or other weapon
28 on school property.
29 (m) Section 790.15, relating to discharging a firearm
30 in public, if the offense was a felony.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (n) Section 790.19, relating to shooting into or
2 throwing deadly missiles into a dwelling.
3 (o)(l) Chapter 794 Section 794.011, relating to sexual
4 battery.
5 (p)(m) Former s. 794.041, relating to prohibited acts
6 of persons in familial or custodial authority.
7 (q)(n) Chapter 796, relating to prostitution, if the
8 offense occurred within the previous 10 years.
9 (o) Section 798.02, relating to lewd and lascivious
10 behavior.
11 (r)(p) Chapter 800, relating to lewdness and indecent
12 exposure.
13 (s)(q) Section 806.01, relating to arson.
14 (t) Section 806.031, relating to arson resulting in
15 injury to another.
16 (u) Section 810.14, relating to voyeurism, if the
17 offense was a felony.
18 (v)(r) Chapter 812, relating to theft, robbery, and
19 related crimes, if the offense was a felony.
20 (w)(s) Section 817.563, relating to fraudulent sale of
21 controlled substances, only if the offense was a felony.
22 (x)(t) Section 825.102, relating to abuse, aggravated
23 abuse, or neglect of an elderly person or disabled adult.
24 (y)(u) Section 825.1025, relating to lewd or
25 lascivious offenses committed upon or in the presence of an
26 elderly person or disabled adult.
27 (z)(v) Section 825.103, relating to exploitation of an
28 elderly person or disabled adult, if the offense was a felony.
29 (aa)(w) Section 826.04, relating to incest.
30 (bb)(x) Section 827.03, relating to child abuse,
31 aggravated child abuse, or neglect of a child.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (cc)(y) Section 827.04, relating to contributing to
2 the delinquency or dependency of a child.
3 (dd)(z) Former s. 827.05, relating to negligent
4 treatment of children.
5 (ee)(aa) Section 827.071, relating to sexual
6 performance by a child.
7 (ff)(bb) Chapter 847, relating to obscene literature.
8 (gg)(cc) Chapter 893, relating to drug abuse
9 prevention and control, only if the offense was a felony or if
10 any other person involved in the offense was a minor.
11 (3) Standards must also ensure that the person:
12 (a) For employees and employers licensed or registered
13 pursuant to chapter 400, and for employees and employers of
14 developmental services institutions as defined in s. 393.063,
15 intermediate care facilities for the developmentally disabled
16 as defined in s. 393.063, and mental health treatment
17 facilities as defined in s. 394.455, meets the requirements of
18 this chapter.
19 (b) has not committed an act that constitutes domestic
20 violence as defined in s. 741.28(1) or committed a violation
21 of any order for injunction for protection as described in s.
22 741.30 or s. 741.31.
23 (4) Each person employed in a health care facility
24 licensed or registered by the Agency for Health Care
25 Administration and each person seeking professional licensure
26 or certification by the Department of Health who is designated
27 by law to undergo background screening must not have been
28 found guilty of, regardless of adjudication, or entered a plea
29 of nolo contendere or guilty to, any offense prohibited under
30 this section, under this paragraph, or under any similar
31 statute of another jurisdiction:
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (a) Section 810.02, relating to burglary.
2 (b) Section 817.034, relating to fraudulent acts
3 through mail, wire, radio, electromagnetic, photoelectronic,
4 or photooptical systems.
5 (c) Section 817.505, relating to patient brokering.
6 (d) Section 817.568, relating to personal
7 identification theft.
8 (e) Section 817.61, relating to fraudulent use of
9 credit cards if the offense was a felony.
10 (f) Section 831.01, relating to forgery.
11 (g) Section 831.02, relating to uttering forged
12 instruments.
13 (h) Section 831.07, relating to forging bank bills or
14 promissory notes.
15 (i) Section 831.09, relating to uttering forged bills.
16 (j) Section 831.31, relating to the sale, manufacture,
17 delivery, or possession with the intent to sell any
18 counterfeit controlled substance, if the offense was a felony.
19 Section 2. Section 435.04, Florida Statutes, is
20 amended to read:
21 435.04 Level 2 screening standards.--
22 (1) All employees in positions designated by law as
23 positions of trust or responsibility shall be required to
24 undergo security background investigations as a condition of
25 employment and continued employment. For the purposes of this
26 subsection, security background investigations shall include,
27 but not be limited to, fingerprinting for all purposes and
28 checks in this subsection, statewide criminal and juvenile
29 records checks through the Florida Department of Law
30 Enforcement, and federal criminal records checks through the
31 Federal Bureau of Investigation, and may include local
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 criminal records checks through local law enforcement
2 agencies.
3 (2) The security background investigations under this
4 section must ensure that no persons subject to the provisions
5 of this section have been found guilty of, regardless of
6 adjudication, or entered a plea of nolo contendere or guilty
7 to, any offense prohibited under any of the following
8 provisions of the Florida Statutes or under any similar
9 statute of another jurisdiction:
10 (a) Former s. Section 415.111, relating to adult
11 abuse, neglect, or exploitation of aged persons or disabled
12 adults.
13 (b) Section 782.04, relating to murder.
14 (c) Section 782.07, relating to manslaughter,
15 aggravated manslaughter of an elderly person or disabled
16 adult, or aggravated manslaughter of a child.
17 (d) Section 782.071, relating to vehicular homicide.
18 (e) Section 782.09, relating to killing of an unborn
19 child by injury to the mother.
20 (f) Chapter 784, relating to assault, battery, and
21 culpable negligence, if the offense was a felony.
22 (g)(f) Section 784.011, relating to assault, if the
23 victim of the offense was a minor.
24 (g) Section 784.021, relating to aggravated assault.
25 (h) Section 784.03, relating to battery, if the victim
26 of the offense was a minor.
27 (i) Section 784.045, relating to aggravated battery.
28 (i)(j) Section 784.075, relating to battery on a
29 detention or commitment facility staff.
30 (j)(k) Section 787.01, relating to kidnapping.
31 (k)(l) Section 787.02, relating to false imprisonment.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (l)(m) Section 787.04(2), relating to taking,
2 enticing, or removing a child beyond the state limits with
3 criminal intent pending custody proceedings.
4 (m)(n) Section 787.04(3), relating to carrying a child
5 beyond the state lines with criminal intent to avoid producing
6 a child at a custody hearing or delivering the child to the
7 designated person.
8 (n)(o) Section 790.115(1), relating to exhibiting
9 firearms or weapons within 1,000 feet of a school.
10 (o)(p) Section 790.115(2)(b), relating to possessing
11 an electric weapon or device, destructive device, or other
12 weapon on school property.
13 (p) Section 790.15, relating to discharging a firearm
14 in public, if the offense was a felony.
15 (q) Section 790.19, relating to shooting into or
16 throwing deadly missiles into a dwelling.
17 (r)(q) Section 794.011, relating to sexual battery.
18 (s)(r) Former s. 794.041, relating to prohibited acts
19 of persons in familial or custodial authority.
20 (t)(s) Chapter 796, relating to prostitution, if the
21 offense occurred within the previous 10 years.
22 (t) Section 798.02, relating to lewd and lascivious
23 behavior.
24 (u) Chapter 800, relating to lewdness and indecent
25 exposure.
26 (v) Section 806.01, relating to arson.
27 (w) Section 806.031, relating to arson resulting in
28 injury to another.
29 (x) Section 810.14, relating to voyeurism, if the
30 offense was a felony.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (y)(w) Chapter 812, relating to theft, robbery, and
2 related crimes, if the offense is a felony.
3 (z)(x) Section 817.563, relating to fraudulent sale of
4 controlled substances, only if the offense was a felony.
5 (aa)(y) Section 825.102, relating to abuse, aggravated
6 abuse, or neglect of an elderly person or disabled adult.
7 (bb)(z) Section 825.1025, relating to lewd or
8 lascivious offenses committed upon or in the presence of an
9 elderly person or disabled adult.
10 (cc)(aa) Section 825.103, relating to exploitation of
11 an elderly person or disabled adult, if the offense was a
12 felony.
13 (dd)(bb) Section 826.04, relating to incest.
14 (ee)(cc) Section 827.03, relating to child abuse,
15 aggravated child abuse, or neglect of a child.
16 (ff)(dd) Section 827.04, relating to contributing to
17 the delinquency or dependency of a child.
18 (gg)(ee) Former s. 827.05, relating to negligent
19 treatment of children.
20 (hh)(ff) Section 827.071, relating to sexual
21 performance by a child.
22 (ii)(gg) Section 843.01, relating to resisting arrest
23 with violence.
24 (jj)(hh) Section 843.025, relating to depriving a law
25 enforcement, correctional, or correctional probation officer
26 means of protection or communication.
27 (kk)(ii) Section 843.12, relating to aiding in an
28 escape.
29 (ll)(jj) Section 843.13, relating to aiding in the
30 escape of juvenile inmates in correctional institutions.
31 (mm)(kk) Chapter 847, relating to obscene literature.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (nn)(ll) Section 874.05(1), relating to encouraging or
2 recruiting another to join a criminal gang.
3 (oo)(mm) Chapter 893, relating to drug abuse
4 prevention and control, only if the offense was a felony or if
5 any other person involved in the offense was a minor.
6 (pp)(nn) Section 944.35(3), relating to inflicting
7 cruel or inhuman treatment on an inmate resulting in great
8 bodily harm.
9 qq)(oo) Section 944.46, relating to harboring,
10 concealing, or aiding an escaped prisoner.
11 (rr)(pp) Section 944.47, relating to introduction of
12 contraband into a correctional facility.
13 (ss)(qq) Section 985.4045, relating to sexual
14 misconduct in juvenile justice programs.
15 (tt)(rr) Section 985.4046, relating to contraband
16 introduced into detention facilities.
17 (3) The security background investigations conducted
18 under this section for employees of the Department of Juvenile
19 Justice must ensure that no persons subject to the provisions
20 of this section have been found guilty of, regardless of
21 adjudication, or entered a plea of nolo contendere or guilty
22 to, any offense prohibited under any of the following
23 provisions of the Florida Statutes or under any similar
24 statute of another jurisdiction:
25 (a) Section 784.07, relating to assault or battery of
26 law enforcement officers, firefighters, emergency medical care
27 providers, public transit employees or agents, or other
28 specified officers.
29 (b) Section 810.02, relating to burglary, if the
30 offense is a felony.
31 (c) Section 944.40, relating to escape.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1
2 The Department of Juvenile Justice may not remove a
3 disqualification from employment or grant an exemption to any
4 person who is disqualified under this section for any offense
5 disposed of during the most recent 7-year period.
6 (4) Each person employed in a health care facility
7 licensed or registered by the Agency for Health Care
8 Administration and each person seeking professional licensure
9 or certification by the Department of Health who is designated
10 by law to undergo background screening must not have been
11 found guilty of, regardless of adjudication, or entered a plea
12 of nolo contendere or guilty to, any offense prohibited under
13 this section, under this paragraph, or under any similar
14 statute of another jurisdiction:
15 (a) Section 810.02, relating to burglary.
16 (b) Section 817.034, relating to fraudulent acts
17 through mail, wire, radio, electromagnetic, photoelectronic,
18 or photooptical systems.
19 (c) Section 817.505, relating to patient brokering.
20 (d) Section 817.568, relating to personal
21 identification theft.
22 (e) Section 817.61, relating to fraudulent use of
23 credit cards, if the offense was a felony.
24 (f) Section 831.01, relating to forgery.
25 (g) Section 831.02, relating to uttering forged
26 instruments.
27 (h) Section 831.07, relating to forging bank bills or
28 promissory notes.
29 (i) Section 831.09, relating to uttering forged bills.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 (j) Section 831.31, relating to the sale, manufacture,
2 delivery, or possession with the intent to sell any
3 counterfeit controlled substance, if the offense was a felony.
4
5 An employee of the Department of Children and Family Services
6 who is screened under s. 110.1127 is not subject to this
7 subsection.
8 (5)(4) Standards must also ensure that the person:
9 (a) For employees or employers licensed or registered
10 pursuant to chapter 400, does not have a confirmed report of
11 abuse, neglect, or exploitation as defined in s. 415.102(6),
12 which has been uncontested or upheld under s. 415.103.
13 (b) has not committed an act that constitutes domestic
14 violence as defined in s. 741.28 or committed a violation of
15 any order for injunction for protection as described in s.
16 741.30 or s. 741.31.
17 (6)(5) Under penalty of perjury, all employees in such
18 positions of trust or responsibility shall attest to meeting
19 the requirements for qualifying for employment and agreeing to
20 inform the employer immediately if convicted of any of the
21 disqualifying offenses while employed by the employer. Each
22 employer of employees in such positions of trust or
23 responsibilities which is licensed or registered by a state
24 agency shall submit to the licensing agency annually, under
25 penalty of perjury, an affidavit of compliance with the
26 provisions of this section.
27 Section 3. Section 435.12, Florida Statutes, is
28 created to read:
29 435.12 Requirements for rescreening.--
30 (1) A screening conducted under this chapter is valid
31 for 5 years, at which time a statewide rescreening must be
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 2308
25-1593-02
1 conducted. The 5-year rescreening must include, at a minimum,
2 a statewide criminal check through the Department of Law
3 Enforcement.
4 (2) In addition, a person must be rescreened following
5 a break in service which exceeds 90 days. The person must
6 undergo the same level of screening which was required prior
7 to the break in service.
8 (3) The employer or licensing agency may grant a leave
9 of absence to an employee for military leave, maternity leave,
10 or medical leave, including family sickness leave, for up to 6
11 months. In such case, the employee is not required to undergo
12 rescreening if the leave was preapproved.
13 (4) Personnel who have undergone fingerprinting
14 pursuant to this chapter and teachers and noninstructional
15 personnel who have undergone fingerprinting pursuant to
16 chapter 231, who have not been unemployed for more than 90
17 days following the fingerprinting, and who attest to
18 completing such fingerprinting and to compliance with this
19 section need not be refingerprinted in order to comply with
20 the screening or fingerprinting requirements for caretakers.
21 Section 4. This act shall take effect July 1, 2002.
22
23 *****************************************
24 SENATE SUMMARY
25 Revises various offenses that are included under the
level 1 and level 2 screening standards. Requires that
26 persons employed in a health care facility or seeking
professional licensure or certification by the Department
27 of Health be subject to more stringent screening
standards. Requires that a person be rescreened after 5
28 years or following a break in service which exceeds 90
days. (See bill for details.)
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.