SENATE AMENDMENT
    Bill No. CS for CS for SB 400
    Amendment No. ___   Barcode 973668
                            CHAMBER ACTION
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 73, after line 31,
15  
16  insert:  
17         Section 34.  Paragraph (b) of subsection (5) of section
18  400.235, Florida Statutes, is amended to read:
19         400.235  Nursing home quality and licensure status;
20  Gold Seal Program.--
21         (5)  Facilities must meet the following additional
22  criteria for recognition as a Gold Seal Program facility:
23         (b)  Evidence financial soundness and stability
24  according to standards adopted by the agency in administrative
25  rule. Such standards must include, but not be limited to,
26  criteria for the use of financial statements that are prepared
27  in accordance with generally accepted accounting principles
28  and that are reviewed or audited by certified public
29  accountants.
30         Section 35.  Subsection (2) of section 465.0255,
31  Florida Statutes, is amended to read:
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SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 465.0255 Expiration date of medicinal drugs; display; 2 related use and storage instructions.-- 3 (2) Each pharmacist for a community pharmacy 4 dispensing medicinal drugs and each practitioner dispensing 5 medicinal drugs on an outpatient basis shall display on the 6 outside of the container of each medicinal drug dispensed, or 7 in other written form delivered to the purchaser, the 8 expiration date when provided by the manufacturer, repackager, 9 or other distributor of the drug, which shall be consistent 10 with the manufacturer's expiration date, and appropriate 11 instructions regarding the proper use and storage of the drug. 12 Nothing in this section shall impose liability on the 13 dispensing pharmacist or practitioner for damages related to, 14 or caused by, a medicinal drug that loses its effectiveness 15 prior to the expiration date displayed by the dispensing 16 pharmacist or practitioner. 17 Section 36. Section 393.506, Florida Statutes, is 18 created to read: 19 393.506 Administration of medication.-- 20 (1) Notwithstanding the provisions of part I of 21 chapter 464, the Nurse Practice Act, unlicensed direct care 22 service staff providing services to persons with developmental 23 disabilities may administer oral, transdermal, inhaled, or 24 topical prescription medications as provided in this section. 25 (a) For day programs, as defined in s. 393.063, the 26 director of the facility or program shall designate in writing 27 unlicensed direct care services staff who are eligible to be 28 trained to assist in the administration of or to administer 29 medication. 30 (b) For intermediate care facilities for the 31 developmentally disabled licensed pursuant to part XI of 2 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 chapter 400, unlicensed staff designated by the director may 2 provide medication assistance under the general supervision of 3 a registered nurse licensed pursuant to chapter 464. 4 (2) Each facility, institution, or program must 5 include in its policies and procedures a plan for training 6 designated staff to ensure the safe handling, storage, and 7 administration of prescription medication. These policies and 8 procedures must be approved by the department before 9 unlicensed direct care services staff assist with medication. 10 (3) The policies and procedures must include, at a 11 minimum, the following provisions: 12 (a) An expressed and informed consent for each client. 13 (b) The director of the facility, program, or provider 14 must maintain a copy of the written prescription, and that 15 prescription must include the name of the medication, the 16 dosage and administration schedule, the reason for the 17 prescription, and the termination date. 18 (c) Each prescribed medication shall be kept in its 19 original container and in a secure location. 20 (4) The training required in this section shall be 21 conducted by a registered nurse or a physician licensed 22 pursuant to chapter 458 or chapter 459. 23 Section 37. Section 400.9685, Florida Statutes, is 24 created to read: 25 400.9685 Administration of medication.-- 26 (1) Notwithstanding the provisions of the Nurse 27 Practice Act, part I of chapter 464, unlicensed direct care 28 services staff who are providing services to clients in 29 Intermediate Care Facilities for the Developmentally Disabled, 30 licensed pursuant to this part, may administer prescribed, 31 prepackaged, premeasured medications under the general 3 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 supervision of a registered nurse as provided in this section 2 and applicable rules. Training required by this section and 3 applicable rules must be conducted by a registered nurse 4 licensed pursuant to chapter 464, or a physician licensed 5 pursuant to chapter 458 or chapter 459. 6 (2) Each facility that allows unlicensed direct care 7 service staff to administer medications pursuant to this 8 section must: 9 (a) Develop and implement policies and procedures that 10 include a plan to ensure the safe handling, storage, and 11 administration of prescription medication. 12 (b) Maintain written evidence of the expressed and 13 informed consent for each client. 14 (c) Maintain a copy of the written prescription 15 including the name of the medication, the dosage, and 16 administration schedule. 17 (d) Maintain documentation regarding the prescription 18 including the name, dosage, and administration schedule, 19 reason for prescription, and the termination date. 20 (e) Maintain documentation of compliance with required 21 training. 22 (3) Agency rules shall specify the following as it 23 relates to the administration of medications by unlicensed 24 staff: 25 (a) Medications authorized and packaging required. 26 (b) Acceptable methods of administration. 27 (c) A definition of the term "general supervision." 28 (d) Minimum educational requirements of staff. 29 (e) Criteria of required training and competency that 30 must be demonstrated prior to the administration of 31 medications by unlicensed staff including inservice training. 4 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 (f) Requirements for safe handling, storage, and 2 administration of medications. 3 Section 38. Subsection (2) of section 394.74, Florida 4 Statutes, is amended, and subsection (6) is added to that 5 section, to read: 6 394.74 Contracts for provision of local substance 7 abuse and mental health programs.-- 8 (2)(a) Contracts for service shall be consistent with 9 the approved district plan. 10 (b) Notwithstanding s. 394.76(3)(a) and (c), the 11 department may use unit cost methods of payment in contracts 12 for purchasing mental health and substance abuse services. The 13 unit cost contracting system must account for those patient 14 fees that are paid on behalf of a specific client and those 15 that are earned and used by the provider for those services 16 funded in whole or in part by the department. The department 17 may also use a fee-for-service arrangement, case rates, or a 18 capitation arrangement in order to account for those services. 19 (c) The department may reimburse actual expenditures 20 for startup contracts and fixed capital outlay contracts in 21 accordance with contract specifications. 22 (6) The department may use a fee-for-service 23 arrangement, case rates, or capitation in order to account for 24 mental health and substance abuse services. 25 Section 39. Subsections (1), (2), (7), (8), and (9) of 26 section 400.452, Florida Statutes, are amended to read: 27 400.452 Staff training and educational programs; core 28 educational requirement.-- 29 (1) The department shall ensure that provide, or cause 30 to be provided, training and educational programs for the 31 administrators and other assisted living facility staff have 5 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 met training and education requirements that to better enable 2 them to appropriately respond to the needs of residents, to 3 maintain resident care and facility standards, and to meet 4 licensure requirements. 5 (2) The department shall also establish a core 6 educational requirement to be used in these programs. 7 Successful completion of the core educational requirement must 8 include successful completion of a competency test. Programs 9 must be provided by the department or by a provider approved 10 by the department at least quarterly. The core educational 11 requirement must cover at least the following topics: 12 (a) State law and rules relating to assisted living 13 facilities. 14 (b) Resident rights and identifying and reporting 15 abuse, neglect, and exploitation. 16 (c) Special needs of elderly persons, persons with 17 mental illness, and persons with developmental disabilities 18 and how to meet those needs. 19 (d) Nutrition and food service, including acceptable 20 sanitation practices for preparing, storing, and serving food. 21 (e) Medication management, recordkeeping, and proper 22 techniques for assisting residents with self-administered 23 medication. 24 (f) Firesafety requirements, including fire evacuation 25 drill procedures and other emergency procedures. 26 (g) Care of persons with Alzheimer's disease and 27 related disorders. 28 (7) A facility that does not have any residents who 29 receive monthly optional supplementation payments must pay a 30 reasonable fee for such training and education programs. A 31 facility that has one or more such residents shall pay a 6 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 reduced fee that is proportional to the percentage of such 2 residents in the facility. Any facility more than 90 percent 3 of whose residents receive monthly optional state 4 supplementation payments is not required to pay for the 5 training and continuing education programs required under this 6 section. 7 (7)(8) If the department or the agency determines that 8 there are problems in a facility that could be reduced through 9 specific staff training or education beyond that already 10 required under this section, the department or the agency may 11 require, and provide, or cause to be provided, the training or 12 education of any personal care staff in the facility. 13 (8)(9) The department shall adopt rules to establish 14 training programs, standards and curriculum for training, 15 staff training requirements, procedures for approving training 16 programs, and training fees. 17 Section 40. Subsection (1) of section 409.9116, 18 Florida Statutes, is amended to read: 19 409.9116 Disproportionate share/financial assistance 20 program for rural hospitals.--In addition to the payments made 21 under s. 409.911, the Agency for Health Care Administration 22 shall administer a federally matched disproportionate share 23 program and a state-funded financial assistance program for 24 statutory rural hospitals. The agency shall make 25 disproportionate share payments to statutory rural hospitals 26 that qualify for such payments and financial assistance 27 payments to statutory rural hospitals that do not qualify for 28 disproportionate share payments. The disproportionate share 29 program payments shall be limited by and conform with federal 30 requirements. Funds shall be distributed quarterly in each 31 fiscal year for which an appropriation is made. 7 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 Notwithstanding the provisions of s. 409.915, counties are 2 exempt from contributing toward the cost of this special 3 reimbursement for hospitals serving a disproportionate share 4 of low-income patients. 5 (1) The following formula shall be used by the agency 6 to calculate the total amount earned for hospitals that 7 participate in the rural hospital disproportionate share 8 program or the financial assistance program: 9 10 TAERH = (CCD + MDD)/TPD 11 12 Where: 13 CCD = total charity care-other, plus charity 14 care-Hill-Burton, minus 50 percent of unrestricted tax revenue 15 from local governments, and restricted funds for indigent 16 care, divided by gross revenue per adjusted patient day; 17 however, if CCD is less than zero, then zero shall be used for 18 CCD. 19 MDD = Medicaid inpatient days plus Medicaid HMO 20 inpatient days. 21 TPD = total inpatient days. 22 TAERH = total amount earned by each rural hospital. 23 24 In computing the total amount earned by each rural hospital, 25 the agency must use the most recent actual data reported in 26 accordance with s. 408.061(4) s. 408.061(4)(a). 27 Section 41. Subsection (4) of section 400.980, Florida 28 Statutes, is reenacted and amended to read: 29 400.980 Health care services pools.-- 30 (4) Each applicant for registration must comply with 31 the following requirements: 8 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 (a) Upon receipt of a completed, signed, and dated 2 application, the agency shall require background screening, in 3 accordance with the level 1 standards for screening set forth 4 in chapter 435, of every individual who will have contact with 5 patients. The agency shall require background screening of the 6 managing employee or other similarly titled individual who is 7 responsible for the operation of the entity, and of the 8 financial officer or other similarly titled individual who is 9 responsible for the financial operation of the entity, 10 including billings for services in accordance with the level 2 11 standards for background screening as set forth in chapter 12 435. 13 (b) The agency may require background screening of any 14 other individual who is affiliated with the applicant if the 15 agency has a reasonable basis for believing that he or she has 16 been convicted of a crime or has committed any other offense 17 prohibited under the level 2 standards for screening set forth 18 in chapter 435. 19 (c) Proof of compliance with the level 2 background 20 screening requirements of chapter 435 which has been submitted 21 within the previous 5 years in compliance with any other 22 health care or assisted living licensure requirements of this 23 state is acceptable in fulfillment of paragraph (a). 24 (d) A provisional registration 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 Department of Law Enforcement background check but the agency 28 has not yet received background screening results from the 29 Federal Bureau of Investigation. A standard registration may 30 be granted to the applicant upon the agency's receipt of a 31 report of the results of the Federal Bureau of Investigation 9 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 background screening for each individual required by this 2 section to undergo background screening which confirms that 3 all standards have been met, or upon the granting of a 4 disqualification exemption by the agency as set forth in 5 chapter 435. Any other person who is required to undergo level 6 2 background screening may serve in his or her capacity 7 pending the agency's receipt of the report from the Federal 8 Bureau of Investigation. However, the person may not continue 9 to serve if the report indicates any violation of background 10 screening standards and if a disqualification exemption has 11 not been requested of and granted by the agency as set forth 12 in chapter 435. 13 (e) Each applicant must submit to the agency, with its 14 application, a description and explanation of any exclusions, 15 permanent suspensions, or terminations of the applicant from 16 the Medicare or Medicaid programs. Proof of compliance with 17 the requirements for disclosure of ownership and controlling 18 interests under the Medicaid or Medicare programs may be 19 accepted in lieu of this submission. 20 (f) Each applicant must submit to the agency a 21 description and explanation of any conviction of an offense 22 prohibited under the level 2 standards of chapter 435 which 23 was committed by a member of the board of directors of the 24 applicant, its officers, or any individual owning 5 percent or 25 more of the applicant. This requirement does not apply to a 26 director of a not-for-profit corporation or organization who 27 serves solely in a voluntary capacity for the corporation or 28 organization, does not regularly take part in the day-to-day 29 operational decisions of the corporation or organization, 30 receives no remuneration for his or her services on the 31 corporation's or organization's board of directors, and has no 10 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 financial interest and no family members having a financial 2 interest in the corporation or organization, if the director 3 and the not-for-profit corporation or organization include in 4 the application a statement affirming that the director's 5 relationship to the corporation satisfies the requirements of 6 this paragraph. 7 (g) A registration may not be granted to an applicant 8 if the applicant or managing employee has been found guilty 9 of, regardless of adjudication, or has entered a plea of nolo 10 contendere or guilty to, any offense prohibited under the 11 level 2 standards for screening set forth in chapter 435, 12 unless an exemption from disqualification has been granted by 13 the agency as set forth in chapter 435. 14 (h) The provisions of this section which require an 15 applicant for registration to undergo background screening 16 shall stand repealed on June 30, 2001, unless reviewed and 17 saved from repeal through reenactment by the Legislature. 18 (h)(i) Failure to provide all required documentation 19 within 30 days after a written request from the agency will 20 result in denial of the application for registration. 21 (i)(j) The agency must take final action on an 22 application for registration within 60 days after receipt of 23 all required documentation. 24 (j)(k) The agency may deny, revoke, or suspend the 25 registration of any applicant or registrant who: 26 1. Has falsely represented a material fact in the 27 application required by paragraph (e) or paragraph (f), or has 28 omitted any material fact from the application required by 29 paragraph (e) or paragraph (f); or 30 2. Has had prior action taken against the applicant 31 under the Medicaid or Medicare program as set forth in 11 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 paragraph (e). 2 3. Fails to comply with this section or applicable 3 rules. 4 4. Commits an intentional, reckless, or negligent act 5 that materially affects the health or safety of a person 6 receiving services. 7 Section 42. Notwithstanding section 64 of chapter 8 95-228, Laws of Florida, the provisions of chapter 435, 9 Florida Statutes, as created therein and as subsequently 10 amended, and any reference thereto, shall apply to all 11 offenses regardless of the date on which the offenses 12 referenced in chapter 435, Florida Statutes, were committed, 13 unless specifically provided otherwise in a provision other 14 than a provision of chapter 95-228, Laws of Florida. 15 Section 43. Paragraph (b) of subsection (3) of section 16 435.03, Florida Statutes, is amended to read: 17 435.03 Level 1 screening standards.-- 18 (3) Standards must also ensure that the person: 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 s. 741.30. 23 Section 44. Subsection (4) of section 435.04, Florida 24 Statutes, is amended to read: 25 435.04 Level 2 screening standards.-- 26 (4) Standards must also ensure that the person: 27 (a) For employees or employers licensed or registered 28 pursuant to chapter 400, does not have a confirmed report of 29 abuse, neglect, or exploitation as defined in s. 415.102(6), 30 which has been uncontested or upheld under s. 415.103. 31 (b) has not committed an act that constitutes domestic 12 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 violence as defined in s. 741.28(1), or committed a violation 2 of any order for injunction for protection as described in s. 3 741.30 or s. 741.31 s. 741.30. 4 Section 45. Paragraph (a) of subsection (4) of section 5 943.0585, Florida Statutes, is amended to read: 6 943.0585 Court-ordered expunction of criminal history 7 records.--The courts of this state have jurisdiction over 8 their own procedures, including the maintenance, expunction, 9 and correction of judicial records containing criminal history 10 information to the extent such procedures are not inconsistent 11 with the conditions, responsibilities, and duties established 12 by this section. Any court of competent jurisdiction may order 13 a criminal justice agency to expunge the criminal history 14 record of a minor or an adult who complies with the 15 requirements of this section. The court shall not order a 16 criminal justice agency to expunge a criminal history record 17 until the person seeking to expunge a criminal history record 18 has applied for and received a certificate of eligibility for 19 expunction pursuant to subsection (2). A criminal history 20 record that relates to a violation of s. 787.025, chapter 794, 21 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, 22 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 23 893.135, or a violation enumerated in s. 907.041 may not be 24 expunged, without regard to whether adjudication was withheld, 25 if the defendant was found guilty of or pled guilty or nolo 26 contendere to the offense, or if the defendant, as a minor, 27 was found to have committed, or pled guilty or nolo contendere 28 to committing, the offense as a delinquent act. The court may 29 only order expunction of a criminal history record pertaining 30 to one arrest or one incident of alleged criminal activity, 31 except as provided in this section. The court may, at its sole 13 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 discretion, order the expunction of a criminal history record 2 pertaining to more than one arrest if the additional arrests 3 directly relate to the original arrest. If the court intends 4 to order the expunction of records pertaining to such 5 additional arrests, such intent must be specified in the 6 order. A criminal justice agency may not expunge any record 7 pertaining to such additional arrests if the order to expunge 8 does not articulate the intention of the court to expunge a 9 record pertaining to more than one arrest. This section does 10 not prevent the court from ordering the expunction of only a 11 portion of a criminal history record pertaining to one arrest 12 or one incident of alleged criminal activity. Notwithstanding 13 any law to the contrary, a criminal justice agency may comply 14 with laws, court orders, and official requests of other 15 jurisdictions relating to expunction, correction, or 16 confidential handling of criminal history records or 17 information derived therefrom. This section does not confer 18 any right to the expunction of any criminal history record, 19 and any request for expunction of a criminal history record 20 may be denied at the sole discretion of the court. 21 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any 22 criminal history record of a minor or an adult which is 23 ordered expunged by a court of competent jurisdiction pursuant 24 to this section must be physically destroyed or obliterated by 25 any criminal justice agency having custody of such record; 26 except that any criminal history record in the custody of the 27 department must be retained in all cases. A criminal history 28 record ordered expunged that is retained by the department is 29 confidential and exempt from the provisions of s. 119.07(1) 30 and s. 24(a), Art. I of the State Constitution and not 31 available to any person or entity except upon order of a court 14 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 of competent jurisdiction. A criminal justice agency may 2 retain a notation indicating compliance with an order to 3 expunge. 4 (a) The person who is the subject of a criminal 5 history record that is expunged under this section or under 6 other provisions of law, including former s. 893.14, former s. 7 901.33, and former s. 943.058, may lawfully deny or fail to 8 acknowledge the arrests covered by the expunged record, except 9 when the subject of the record: 10 1. Is a candidate for employment with a criminal 11 justice agency; 12 2. Is a defendant in a criminal prosecution; 13 3. Concurrently or subsequently petitions for relief 14 under this section or s. 943.059; 15 4. Is a candidate for admission to The Florida Bar; 16 5. Is seeking to be employed or licensed by or to 17 contract with the Agency for Health Care Administration, or 18 the Department of Children and Family Services or the 19 Department of Juvenile Justice or to be employed or used by 20 such contractor or licensee in a position subject to 21 background screening in accordance with chapter 435 as 22 required by the statutes listed in this subparagraph or a 23 sensitive position having direct contact with children, the 24 developmentally disabled, the aged, or the elderly as provided 25 in s. 110.1127(3), s. 112.0455, s. 381.60225, s. 383.305, s. 26 390.015, s. 393.063(15), s. 394.4572(1), s. 394.875, s. 27 395.0055, s. 395.0199, s. 397.451, s. 402.302(3), s. 28 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 415.103, s. 29 483.101, s. 483.30, s. 985.407, or chapter 400; or 30 6. Is seeking to be employed or licensed by the Office 31 of Teacher Education, Certification, Staff Development, and 15 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 Professional Practices of the Department of Education, any 2 district school board, or any local governmental entity that 3 licenses child care facilities. 4 Section 46. Paragraph (a) of subsection (4) of section 5 943.059, Florida Statutes, is amended to read: 6 943.059 Court-ordered sealing of criminal history 7 records.--The courts of this state shall continue to have 8 jurisdiction over their own procedures, including the 9 maintenance, sealing, and correction of judicial records 10 containing criminal history information to the extent such 11 procedures are not inconsistent with the conditions, 12 responsibilities, and duties established by this section. Any 13 court of competent jurisdiction may order a criminal justice 14 agency to seal the criminal history record of a minor or an 15 adult who complies with the requirements of this section. The 16 court shall not order a criminal justice agency to seal a 17 criminal history record until the person seeking to seal a 18 criminal history record has applied for and received a 19 certificate of eligibility for sealing pursuant to subsection 20 (2). A criminal history record that relates to a violation of 21 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 22 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 23 s. 847.0145, s. 893.135, or a violation enumerated in s. 24 907.041 may not be sealed, without regard to whether 25 adjudication was withheld, if the defendant was found guilty 26 of or pled guilty or nolo contendere to the offense, or if the 27 defendant, as a minor, was found to have committed or pled 28 guilty or nolo contendere to committing the offense as a 29 delinquent act. The court may only order sealing of a criminal 30 history record pertaining to one arrest or one incident of 31 alleged criminal activity, except as provided in this section. 16 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 The court may, at its sole discretion, order the sealing of a 2 criminal history record pertaining to more than one arrest if 3 the additional arrests directly relate to the original arrest. 4 If the court intends to order the sealing of records 5 pertaining to such additional arrests, such intent must be 6 specified in the order. A criminal justice agency may not seal 7 any record pertaining to such additional arrests if the order 8 to seal does not articulate the intention of the court to seal 9 records pertaining to more than one arrest. This section does 10 not prevent the court from ordering the sealing of only a 11 portion of a criminal history record pertaining to one arrest 12 or one incident of alleged criminal activity. Notwithstanding 13 any law to the contrary, a criminal justice agency may comply 14 with laws, court orders, and official requests of other 15 jurisdictions relating to sealing, correction, or confidential 16 handling of criminal history records or information derived 17 therefrom. This section does not confer any right to the 18 sealing of any criminal history record, and any request for 19 sealing a criminal history record may be denied at the sole 20 discretion of the court. 21 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A 22 criminal history record of a minor or an adult which is 23 ordered sealed by a court of competent jurisdiction pursuant 24 to this section is confidential and exempt from the provisions 25 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution 26 and is available only to the person who is the subject of the 27 record, to the subject's attorney, to criminal justice 28 agencies for their respective criminal justice purposes, or to 29 those entities set forth in subparagraphs (a)1., 4., 5., and 30 6. for their respective licensing and employment purposes. 31 (a) The subject of a criminal history record sealed 17 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 under this section or under other provisions of law, including 2 former s. 893.14, former s. 901.33, and former s. 943.058, may 3 lawfully deny or fail to acknowledge the arrests covered by 4 the sealed record, except when the subject of the record: 5 1. Is a candidate for employment with a criminal 6 justice agency; 7 2. Is a defendant in a criminal prosecution; 8 3. Concurrently or subsequently petitions for relief 9 under this section or s. 943.0585; 10 4. Is a candidate for admission to The Florida Bar; 11 5. Is seeking to be employed or licensed by or to 12 contract with the Agency for Health Care Administration, or 13 Department of Children and Family Services or the Department 14 of Juvenile Justice or to be employed or used by such 15 contractor or licensee in a position subject to background 16 screening in accordance with chapter 435 as required by the 17 statutes listed in this subparagraph or a sensitive position 18 having direct contact with children, the developmentally 19 disabled, the aged, or the elderly as provided in s. 20 110.1127(3), s. 112.0455, s. 381.60225, s. 383.305, s. 21 390.015, s. 393.063(15), s. 394.4572(1), s. 394.875, s. 22 395.0055, s. 395.0199, s. 397.451, s. 402.302(3), s. 23 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 415.103, s. 24 483.101, s. 483.30, s. 985.407, or chapter 400; or 25 6. Is seeking to be employed or licensed by the Office 26 of Teacher Education, Certification, Staff Development, and 27 Professional Practices of the Department of Education, any 28 district school board, or any local governmental entity which 29 licenses child care facilities. 30 31 18 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 4, line 2, after the semicolon, 4 5 insert: 6 amending s. 400.235, F.S.; allowing reviewed 7 financial statements to be submitted for the 8 Gold Seal program; amending s. 465.0255, F.S.; 9 requiring the display of the expiration date of 10 prescribed drugs; creating s. 393.506, F.S.; 11 allowing administration of medication by 12 certain unlicensed staff for persons with 13 developmental disabilities; providing 14 requirements for such administration; creating 15 s. 400.9685, F.S.; allowing administration of 16 medication by certain unlicensed staff in 17 nursing homes and related health care 18 facilities for persons with developmental 19 disabilities; providing requirements for such 20 administration; amending s. 394.74, F.S.; 21 providing for alternative payment methods for 22 contracts for provision of local substance 23 abuse and mental health programs; amending s. 24 400.452, F.S.; revising training and education 25 requirements of the Department of Elderly 26 Affairs for assisted living facilities; 27 deleting a requirement that fees for training 28 and education programs be based on the 29 percentage of residents receiving monthly 30 optional supplementation payments; amending s. 31 409.9116, F.S.; correcting a cross-reference; 19 8:07 AM 05/01/03 s0400c2c-02j08
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 973668 1 providing that certain prior offenses shall be 2 considered in conducting employment screening, 3 notwithstanding the provisions of section 64 of 4 ch. 95-228, Laws of Florida; reenacting and 5 amending s. 400.980, F.S.; providing that the 6 provisions governing background screening of 7 persons involved with health care services 8 pools shall not stand repealed; amending s. 9 435.03, F.S.; providing additional criminal 10 offenses and deleting an offense that would 11 disqualify a person subject to level 1 12 screening standards from employment; amending 13 s. 435.04, F.S.; providing additional criminal 14 offenses and deleting an offense that would 15 disqualify a person subject to level 2 16 screening standards from employment; amending 17 ss. 943.0585 and 943.059, F.S.; adding the 18 Agency for Health Care Administration to the 19 list of agencies permitted to receive expunged 20 criminal history records and sealed criminal 21 history records; providing additional offenses 22 for which a person may not lawfully deny or 23 fail to acknowledge an arrest with respect to 24 an expunged or sealed record; reenacting ss. 25 39.821(1) and 400.414(1)(g), F.S., relating to 26 guardians ad litem and assisted living 27 facilities, to incorporate the amendment to ss. 28 435.03 and 435.04, F.S., in references thereto; 29 30 31 20 8:07 AM 05/01/03 s0400c2c-02j08