Senate Bill sb1772
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Florida Senate - 2004 SB 1772
By Senator Lynn
7-757A-04 See HB
1 A bill to be entitled
2 An act relating to sexual misconduct; creating
3 ss. 393.135, 394.4593, and 916.1075, F.S.;
4 defining the terms "employee," "sexual
5 activity," and "sexual misconduct"; providing
6 that it is a second-degree felony for an
7 employee to engage in sexual misconduct with
8 certain developmentally disabled clients,
9 certain mental health patients, or certain
10 forensic clients; providing certain exceptions;
11 prohibiting certain employment, and providing
12 for dismissal from employment, of a person who
13 has engaged in sexual misconduct with certain
14 developmentally disabled clients, certain
15 mental health patients, or certain forensic
16 clients; requiring certain employees to report
17 sexual misconduct to the central abuse hotline
18 of the Department of Children and Family
19 Services; providing for notification to the
20 inspector general of the Department of Children
21 and Family Services; providing that it is a
22 first-degree misdemeanor to knowingly and
23 willfully fail to make a report as required, or
24 to prevent another from doing so, or to submit
25 inaccurate or untruthful information; providing
26 that it is a third-degree felony to coerce or
27 threaten another person to alter testimony or a
28 report with respect to an incident of sexual
29 misconduct; providing criminal penalties;
30 amending s. 435.03, F.S.; expanding level 1
31 screening standards to include criminal
1
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 offenses related to sexual misconduct with
2 certain developmentally disabled clients,
3 mental health patients, or forensic clients and
4 the reporting of such sexual misconduct;
5 amending s. 435.04, F.S.; expanding level 2
6 screening standards to include the offenses
7 related to sexual misconduct with certain
8 developmentally disabled clients, mental health
9 patients, or forensic clients and the reporting
10 of such sexual misconduct; amending s.
11 943.0585, F.S., relating to court-ordered
12 expunction of criminal history records, for the
13 purpose of incorporating the amendment to s.
14 943.059, F.S., in a reference thereto;
15 providing that certain criminal history records
16 relating to sexual misconduct with
17 developmentally disabled clients, mental health
18 patients, or forensic clients, or the reporting
19 of such sexual misconduct, shall not be
20 expunged; providing that the application for
21 eligibility for expunction certify that the
22 criminal history record does not relate to an
23 offense involving sexual misconduct with
24 certain developmentally disabled clients,
25 mental health patients, or forensic clients, or
26 the reporting of such sexual misconduct;
27 amending s. 943.059, F.S., relating to
28 court-ordered sealing of criminal history
29 records, for the purpose of incorporating the
30 amendment to s. 943.0585, F.S., in a reference
31 thereto; providing that certain criminal
2
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 history records relating to sexual misconduct
2 with developmentally disabled clients, mental
3 health patients, or forensic clients, or the
4 reporting of such sexual misconduct, shall not
5 be sealed; providing that the application for
6 eligibility for sealing certify that the
7 criminal history record does not relate to an
8 offense involving sexual misconduct with
9 certain developmentally disabled clients,
10 mental health patients, or forensic clients, or
11 the reporting of such sexual misconduct;
12 amending s. 400.215, F.S., and reenacting
13 paragraphs (b) and (c) of subsection (2) and
14 subsection (3), relating to background
15 screening requirements for certain nursing home
16 personnel, for the purpose of incorporating the
17 amendments to ss. 435.03 and 435.04, F.S., in
18 references thereto; correcting a
19 cross-reference; amending s. 400.964, F.S., and
20 reenacting subsections (1), (2), and (7),
21 relating to background screening requirements
22 for certain personnel employed by intermediate
23 care facilities for the developmentally
24 disabled, for the purpose of incorporating the
25 amendments to ss. 435.03 and 435.04, F.S., in
26 references thereto; correcting a
27 cross-reference; amending s. 435.045, F.S., and
28 reenacting paragraph (a) of subsection (1),
29 relating to requirements for the placement of
30 dependent children, for the purpose of
31 incorporating the amendment to s. 435.04, F.S.,
3
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 in a reference thereto; correcting a
2 cross-reference; reenacting ss. 400.414(1)(f)
3 and (g), 400.4174, 400.509(4)(a), (b), (c),
4 (d), (f), and (g), 400.556(2)(c), 400.6065(1),
5 (2), and (4), 400.980(4)(a), (b), (c), (d),
6 (f), and (g), 409.175(2)(k), 409.907(8)(d),
7 435.05(1) and (3), 744.3135, and 985.04(2),
8 F.S., relating to denial, revocation, or
9 suspension of license to operate an assisted
10 living facility; background screening
11 requirements for certain personnel employed by
12 assisted living facilities; registration of
13 particular home health care service providers;
14 denial, suspension, or revocation of license to
15 operate adult day care centers; background
16 screening requirements for certain hospice
17 personnel; background screening requirements
18 for registrants of the health care service
19 pools; the definition of "screening" in
20 connection with the licensure of family foster
21 homes, residential child-caring agencies, and
22 child-placing agencies; background screening
23 requirements of Medicaid providers; employment
24 of persons in positions requiring background
25 screening; credit and criminal investigations
26 of guardians; and oaths, records, and
27 confidential information pertaining to juvenile
28 offenders, respectively, for the purpose of
29 incorporating the amendments to ss. 435.03 and
30 435.04, F.S., in references thereto; reenacting
31 ss. 400.512, 400.619(4), 400.6194(1), 400.953,
4
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 409.912(32), 435.07(4), 464.018(1)(e),
2 744.309(3), 744.474(12), and 985.407(4), F.S.,
3 relating to background screening of home health
4 agency personnel, nurse registry personnel,
5 companions, and homemakers; application and
6 renewal of adult family-care home provider
7 licenses; denial, revocation, or suspension of
8 adult family-care home provider license;
9 background screening of home medical equipment
10 provider personnel and background screening
11 requirements for certain persons responsible
12 for managed care plans; exemptions from
13 disqualification from employment; denial of
14 nursing license and disciplinary actions
15 against such licensees; disqualification of
16 guardians; removal of guardians; and background
17 screening requirements for certain Department
18 of Juvenile Justice personnel, respectively,
19 for the purpose of incorporating the amendment
20 to s. 435.03, F.S., in references thereto;
21 reenacting ss. 39.001(2)(b), 39.821(1),
22 110.1127(3)(a) and (c), 112.0455(12)(a),
23 381.0059(1), (2), and (4), 381.60225(1)(a),
24 (b), (c), (d), (f), and (g), 383.305(7)(a),
25 (b), (c), (d), (f), and (g), 390.015(3)(a),
26 (b), (c), (d), (f), and (g), 393.0655(1),
27 393.067(6)(a), (b), (c), (d), (f), and (g),
28 394.4572(1)(a), 394.875(13)(a), (b), (c), (d),
29 (f), and (g), 395.0055(1), (2), (3), (4), (6),
30 and (8), 395.0199(4)(a), (b), (c), (d), (f),
31 and (g), 397.451(1)(a), 400.071(4)(a), (b),
5
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 (c), (d), and (f), 400.471(4)(a), (b), (c),
2 (d), (f), and (g), 400.506(2)(a), (b), (c),
3 (d), (f), and (g), 400.5572, 400.607(3)(a),
4 400.801(4)(a), (b), (c), (d), (f), and (g),
5 400.805(3)(a), (b), (c), (d), (f), and (g),
6 400.906(5)(a), (b), (c), (d), (f), and (g),
7 400.931(5)(a), (b), (c), (e), and (f),
8 400.962(10)(a), (b), (c), (d), and (f),
9 400.991(7)(b) and (d), 402.302(2)(e),
10 402.305(2)(a), 402.3054(3), 483.30(2)(a), (b),
11 (c), (d), (f), and (g), 483.101(2)(a), (b),
12 (c), (d), (f), and (g), 744.1085(5),
13 984.01(2)(b), 985.01(2)(b), 1002.36(7)(a) and
14 (b), F.S., relating to background screening
15 requirements for certain Department of Children
16 and Family Services personnel; qualifications
17 of guardians ad litem; security checks of
18 certain public officers and employees;
19 background screening requirements of certain
20 laboratory personnel in connection with the
21 Drug-Free Workplace Act; background screening
22 requirements for school health services
23 personnel; background screening of certain
24 personnel of the public health system;
25 background screening and licensure of birth
26 center personnel; background screening and
27 licensure of abortion clinic personnel;
28 background screening of direct service
29 providers; background screening and licensure
30 of personnel of intermediate care facilities
31 for the developmentally disabled; background
6
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 screening of mental health personnel;
2 background screening and licensure of personnel
3 of crisis stabilization units, residential
4 treatment facilities, and residential treatment
5 centers for children and adolescents;
6 background screening and licensure of personnel
7 of hospitals, ambulatory surgical centers, and
8 mobile surgical facilities; background
9 screening of certain personnel in connection
10 with registration for private utilization
11 reviews; background screening of certain
12 service provider personnel; background
13 screening and licensure of certain long-term
14 care facility personnel; background screening
15 and licensure of certain home health agency
16 personnel; background screening and licensure
17 of nurse registry applicants; background
18 screening of certain adult day care center
19 personnel; denial or revocation of hospice
20 license; background screening and licensure of
21 certain transitional living facility personnel;
22 background screening and licensure of certain
23 prescribed pediatric extended care center
24 personnel; background screening and licensure
25 of certain home medical equipment provider
26 personnel; background screening and licensure
27 of certain personnel of intermediate care
28 facilities for the developmentally disabled;
29 background screening and licensure of health
30 care clinic personnel; the definition of "child
31 care facility" in connection with background
7
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 screening of operators; background screening
2 requirements for personnel of child care
3 facilities; background screening requirements
4 for child enrichment service providers;
5 background screening and licensure of certain
6 personnel of multiphasic health testing
7 centers; background screening and licensure of
8 certain clinical laboratory personnel;
9 regulation of professional guardians;
10 background screening of certain Department of
11 Juvenile Justice and Department of Children and
12 Family Services personnel in connection with
13 programs for children and families in need of
14 services; and background screening of certain
15 Department of Juvenile Justice and Department
16 of Children and Family Services personnel in
17 connection with juvenile justice programs,
18 background screening of personnel of the
19 Florida School for the Deaf and the Blind,
20 respectively, for the purposes of incorporating
21 the amendment to s. 435.04, F.S., in references
22 thereto; reenacting s. 943.0582(2)(a) and (6),
23 F.S., relating to prearrest, postarrest, or
24 teen court diversion program expunction for the
25 purpose of incorporating the amendments to ss.
26 943.0585 and 943.059, F.S., in references
27 thereto; reenacting s. 943.053(7), (8), and
28 (9), F.S., relating to dissemination of
29 criminal justice information, for the purpose
30 of incorporating the amendment to s. 943.059,
31
8
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Florida Senate - 2004 SB 1772
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1 F.S., in references thereto; providing
2 applicability; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 393.135, Florida Statutes, is
7 created to read:
8 393.135 Sexual misconduct prohibited; reporting
9 required; penalties.--
10 (1) As used in this section, the term:
11 (a) "Employee" includes any person under contract with
12 the agency or the department and any paid staff member,
13 volunteer, or intern of the agency or the department or any
14 person under contract with the agency or the department.
15 (b) "Sexual activity" means fondling the genital area,
16 groin, inner thighs, buttocks, or breasts of a person; the
17 oral, anal, or vaginal penetration by or union with the sexual
18 organ of another; or the anal or vaginal penetration of
19 another by any other object.
20 (c) "Sexual misconduct" means any sexual activity
21 between an employee and a client, regardless of the consent of
22 the client. The term does not include an act done for a bona
23 fide medical purpose or an internal search conducted in the
24 lawful performance of duty by an employee.
25 (2) An employee who engages in sexual misconduct with
26 a client who:
27 (a) Is committed to the custody of the department;
28 (b) Resides in a residential facility, including any
29 comprehensive transitional education program, developmental
30 services institution, foster care facility, group home
31
9
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Florida Senate - 2004 SB 1772
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1 facility, intermediate care facility for the developmentally
2 disabled, or residential habilitation center; or
3 (c) Receives services from a family care program
4
5 commits a felony of the second degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084. An employee may be
7 found guilty of violating this subsection without having
8 committed the crime of sexual battery.
9 (3) The consent of the client to sexual activity is
10 not a defense to prosecution under this section.
11 (4) This section does not apply to an employee who:
12 (a) Is legally married to the client; or
13 (b) Had no reason to believe that the person with whom
14 the employee engaged in sexual misconduct is a client
15 receiving services as described in subsection (2).
16 (5) Notwithstanding prosecution, any violation of this
17 subsection, as determined by the Public Employees Relations
18 Commission, constitutes sufficient cause under s. 110.227 for
19 dismissal from employment, and such person may not again be
20 employed in any capacity in connection with the developmental
21 services system.
22 (6) An employee who witnesses sexual misconduct, or
23 who otherwise knows or has reasonable cause to suspect that a
24 person has engaged in sexual misconduct, shall immediately
25 report the incident to the department's central abuse hotline.
26 Such employee shall also prepare, date, and sign an
27 independent report that specifically describes the nature of
28 the sexual misconduct, the location and time of the incident,
29 and the persons involved. The employee shall deliver the
30 report to the supervisor or program director, who is
31 responsible for providing copies to the department's inspector
10
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Florida Senate - 2004 SB 1772
7-757A-04 See HB
1 general. The inspector general shall immediately conduct an
2 appropriate administrative investigation, and, if there is
3 probable cause to believe that sexual misconduct has occurred,
4 the inspector general shall notify the state attorney in the
5 circuit in which the incident occurred.
6 (7)(a) Any person who is required to make a report
7 under this section and who knowingly or willfully fails to do
8 so, or who knowingly or willfully prevents another person from
9 doing so, commits a misdemeanor of the first degree,
10 punishable as provided in s. 775.082 or s. 775.083.
11 (b) Any person who knowingly or willfully submits
12 inaccurate, incomplete, or untruthful information with respect
13 to a report required under this section commits a misdemeanor
14 of the first degree, punishable as provided in s. 775.082 or
15 s. 775.083.
16 (c) Any person who knowingly or willfully coerces or
17 threatens any other person with the intent to alter testimony
18 or a written report regarding an incident of sexual misconduct
19 commits a felony of the third degree, punishable as provided
20 in s. 775.082, s. 775.083, or s. 775.084.
21 Section 2. Section 394.4593, Florida Statutes, is
22 created to read:
23 394.4593 Sexual misconduct prohibited; reporting
24 required; penalties.--
25 (1) As used in this section, the term:
26 (a) "Employee" includes any person under contract with
27 the department and any paid staff member, volunteer, or intern
28 of the department or any person under contract with the
29 department.
30 (b) "Sexual activity" means fondling the genital area,
31 groin, inner thighs, buttocks, or breasts of a person; the
11
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Florida Senate - 2004 SB 1772
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1 oral, anal, or vaginal penetration by or union with the sexual
2 organ of another; or the anal or vaginal penetration of
3 another by any other object.
4 (c) "Sexual misconduct" means any sexual activity
5 between an employee and a patient, regardless of the consent
6 of the patient. The term does not include an act done for a
7 bona fide medical purpose or an internal search conducted in
8 the lawful performance of duty by an employee.
9 (2) An employee who engages in sexual misconduct with
10 a patient who:
11 (a) Is committed to the custody of the department; or
12 (b) Resides in a facility that provides for the
13 evaluation, diagnosis, care, treatment, training, or
14 hospitalization of persons who appear to have a mental illness
15 or have been diagnosed as having a mental illness
16
17 commits a felony of the second degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084. An employee may be
19 found guilty of violating this subsection without having
20 committed the crime of sexual battery.
21 (3) The consent of the patient to sexual activity is
22 not a defense to prosecution under this section.
23 (4) This section does not apply to an employee who:
24 (a) Is legally married to the patient; or
25 (b) Had no reason to believe that the person with whom
26 the employee engaged in sexual misconduct is a patient
27 receiving services as described in subsection (2).
28 (5) Notwithstanding prosecution, any violation of this
29 subsection, as determined by the Public Employees Relations
30 Commission, constitutes sufficient cause under s. 110.227 for
31 dismissal from employment, and such person may not again be
12
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Florida Senate - 2004 SB 1772
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1 employed in any capacity in connection with the mental health
2 services system.
3 (6) An employee who witnesses sexual misconduct, or
4 who otherwise knows or has reasonable cause to suspect that a
5 person has engaged in sexual misconduct, shall immediately
6 report the incident to the department's central abuse hotline.
7 Such employee shall also prepare, date, and sign an
8 independent report that specifically describes the nature of
9 the sexual misconduct, the location and time of the incident,
10 and the persons involved. The employee shall deliver the
11 report to the supervisor or program director, who is
12 responsible for providing copies to the department's inspector
13 general. The inspector general shall immediately conduct an
14 appropriate administrative investigation, and, if there is
15 probable cause to believe that sexual misconduct has occurred,
16 the inspector general shall notify the state attorney in the
17 circuit in which the incident occurred.
18 (7)(a) Any person who is required to make a report
19 under this section and who knowingly or willfully fails to do
20 so, or who knowingly or willfully prevents another person from
21 doing so, commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (b) Any person who knowingly or willfully submits
24 inaccurate, incomplete, or untruthful information with respect
25 to a report required under this section commits a misdemeanor
26 of the first degree, punishable as provided in s. 775.082 or
27 s. 775.083.
28 (c) Any person who knowingly or willfully coerces or
29 threatens any other person with the intent to alter testimony
30 or a written report regarding an incident of sexual misconduct
31
13
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Florida Senate - 2004 SB 1772
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1 commits a felony of the third degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084.
3 Section 3. Section 916.1075, Florida Statutes, is
4 created to read:
5 916.1075 Sexual misconduct prohibited; reporting
6 required; penalties.--
7 (1) As used in this section, the term:
8 (a) "Employee" includes any person under contract with
9 the department and any paid staff member, volunteer, or intern
10 of the department or any person under contract with the
11 department.
12 (b) "Sexual activity" means fondling the genital area,
13 groin, inner thighs, buttocks, or breasts of a person; the
14 oral, anal, or vaginal penetration by or union with the sexual
15 organ of another; or the anal or vaginal penetration of
16 another by any other object.
17 (c) "Sexual misconduct" means any sexual activity
18 between an employee and a client, regardless of the consent of
19 the client. The term does not include an act done for a bona
20 fide medical purpose or an internal search conducted in the
21 lawful performance of duty by an employee.
22 (2) An employee who engages in sexual misconduct with
23 a client who resides in a civil or forensic facility commits a
24 felony of the second degree, punishable as provided in s.
25 775.082, s. 775.083, or s. 775.084. An employee may be found
26 guilty of violating this subsection without having committed
27 the crime of sexual battery.
28 (3) The consent of the client to sexual activity is
29 not a defense to prosecution under this section.
30 (4) This section does not apply to an employee who:
31 (a) Is legally married to the client; or
14
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Florida Senate - 2004 SB 1772
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1 (b) Had no reason to believe that the person with whom
2 the employee engaged in sexual misconduct is a client
3 receiving services as described in subsection (2).
4 (5) Notwithstanding prosecution, any violation of this
5 subsection, as determined by the Public Employees Relations
6 Commission, constitutes sufficient cause under s. 110.227 for
7 dismissal from employment, and such person may not again be
8 employed in any capacity in connection with the
9 developmentally disabled or mental health services systems.
10 (6) An employee who witnesses sexual misconduct, or
11 who otherwise knows or has reasonable cause to suspect that a
12 person has engaged in sexual misconduct, shall immediately
13 report the incident to the department's central abuse hotline.
14 Such employee shall also prepare, date, and sign an
15 independent report that specifically describes the nature of
16 the sexual misconduct, the location and time of the incident,
17 and the persons involved. The employee shall deliver the
18 report to the supervisor or program director, who is
19 responsible for providing copies to the department's inspector
20 general. The inspector general shall immediately conduct an
21 appropriate administrative investigation, and, if there is
22 probable cause to believe that sexual misconduct has occurred,
23 the inspector general shall notify the state attorney in the
24 circuit in which the incident occurred.
25 (7)(a) Any person who is required to make a report
26 under this section and who knowingly or willfully fails to do
27 so, or who knowingly or willfully prevents another person from
28 doing so, commits a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 (b) Any person who knowingly or willfully submits
31 inaccurate, incomplete, or untruthful information with respect
15
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Florida Senate - 2004 SB 1772
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1 to a report required under this section commits a misdemeanor
2 of the first degree, punishable as provided in s. 775.082 or
3 s. 775.083.
4 (c) Any person who knowingly or willfully coerces or
5 threatens any other person with the intent to alter testimony
6 or a written report regarding an incident of sexual misconduct
7 commits a felony of the third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 Section 4. Subsection (2) of section 435.03, Florida
10 Statutes, is amended to read:
11 435.03 Level 1 screening standards.--
12 (2) Any person for whom employment screening is
13 required by statute must not have been found guilty of,
14 regardless of adjudication, or entered a plea of nolo
15 contendere or guilty to, any offense prohibited under any of
16 the following provisions of the Florida Statutes or under any
17 similar statute of another jurisdiction:
18 (a) Section 393.135, relating to sexual misconduct
19 with certain developmentally disabled clients and reporting of
20 such sexual misconduct.
21 (b) Section 394.4593, relating to sexual misconduct
22 with certain mental health patients and reporting of such
23 sexual misconduct.
24 (c)(a) Section 415.111, relating to abuse, neglect, or
25 exploitation of a vulnerable adult.
26 (d)(b) Section 782.04, relating to murder.
27 (e)(c) Section 782.07, relating to manslaughter,
28 aggravated manslaughter of an elderly person or disabled
29 adult, or aggravated manslaughter of a child.
30 (f)(d) Section 782.071, relating to vehicular
31 homicide.
16
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Florida Senate - 2004 SB 1772
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1 (g)(e) Section 782.09, relating to killing of an
2 unborn child by injury to the mother.
3 (h)(f) Section 784.011, relating to assault, if the
4 victim of the offense was a minor.
5 (i)(g) Section 784.021, relating to aggravated
6 assault.
7 (j)(h) Section 784.03, relating to battery, if the
8 victim of the offense was a minor.
9 (k)(i) Section 784.045, relating to aggravated
10 battery.
11 (l)(j) Section 787.01, relating to kidnapping.
12 (m)(k) Section 787.02, relating to false imprisonment.
13 (n)(l) Section 794.011, relating to sexual battery.
14 (o)(m) Former s. 794.041, relating to prohibited acts
15 of persons in familial or custodial authority.
16 (p)(n) Chapter 796, relating to prostitution.
17 (q)(o) Section 798.02, relating to lewd and lascivious
18 behavior.
19 (r)(p) Chapter 800, relating to lewdness and indecent
20 exposure.
21 (s)(q) Section 806.01, relating to arson.
22 (t)(r) Chapter 812, relating to theft, robbery, and
23 related crimes, if the offense was a felony.
24 (u)(s) Section 817.563, relating to fraudulent sale of
25 controlled substances, only if the offense was a felony.
26 (v)(t) Section 825.102, relating to abuse, aggravated
27 abuse, or neglect of an elderly person or disabled adult.
28 (w)(u) Section 825.1025, relating to lewd or
29 lascivious offenses committed upon or in the presence of an
30 elderly person or disabled adult.
31
17
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Florida Senate - 2004 SB 1772
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1 (x)(v) Section 825.103, relating to exploitation of an
2 elderly person or disabled adult, if the offense was a felony.
3 (y)(w) Section 826.04, relating to incest.
4 (z)(x) Section 827.03, relating to child abuse,
5 aggravated child abuse, or neglect of a child.
6 (aa)(y) Section 827.04, relating to contributing to
7 the delinquency or dependency of a child.
8 (bb)(z) Former s. 827.05, relating to negligent
9 treatment of children.
10 (cc)(aa) Section 827.071, relating to sexual
11 performance by a child.
12 (dd)(bb) Chapter 847, relating to obscene literature.
13 (ee)(cc) Chapter 893, relating to drug abuse
14 prevention and control, only if the offense was a felony or if
15 any other person involved in the offense was a minor.
16 (ff) Section 916.0175, relating to sexual misconduct
17 with certain forensic clients and reporting of such sexual
18 misconduct.
19 Section 5. Subsection (2) of section 435.04, Florida
20 Statutes, is amended to read:
21 435.04 Level 2 screening standards.--
22 (2) The security background investigations under this
23 section must ensure that no persons subject to the provisions
24 of this section have been found guilty of, regardless of
25 adjudication, or entered a plea of nolo contendere or guilty
26 to, any offense prohibited under any of the following
27 provisions of the Florida Statutes or under any similar
28 statute of another jurisdiction:
29 (a) Section 393.135, relating to sexual misconduct
30 with certain developmentally disabled clients and reporting of
31 such sexual misconduct.
18
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1 (b) Section 394.4593, relating to sexual misconduct
2 with certain mental health patients and reporting of such
3 sexual misconduct.
4 (c)(a) Section 415.111, relating to adult abuse,
5 neglect, or exploitation of aged persons or disabled adults.
6 (d)(b) Section 782.04, relating to murder.
7 (e)(c) Section 782.07, relating to manslaughter,
8 aggravated manslaughter of an elderly person or disabled
9 adult, or aggravated manslaughter of a child.
10 (f)(d) Section 782.071, relating to vehicular
11 homicide.
12 (g)(e) Section 782.09, relating to killing of an
13 unborn child by injury to the mother.
14 (h)(f) Section 784.011, relating to assault, if the
15 victim of the offense was a minor.
16 (i)(g) Section 784.021, relating to aggravated
17 assault.
18 (j)(h) Section 784.03, relating to battery, if the
19 victim of the offense was a minor.
20 (k)(i) Section 784.045, relating to aggravated
21 battery.
22 (l)(j) Section 784.075, relating to battery on a
23 detention or commitment facility staff.
24 (m)(k) Section 787.01, relating to kidnapping.
25 (n)(l) Section 787.02, relating to false imprisonment.
26 (o)(m) Section 787.04(2), relating to taking,
27 enticing, or removing a child beyond the state limits with
28 criminal intent pending custody proceedings.
29 (p)(n) Section 787.04(3), relating to carrying a child
30 beyond the state lines with criminal intent to avoid producing
31
19
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1 a child at a custody hearing or delivering the child to the
2 designated person.
3 (q)(o) Section 790.115(1), relating to exhibiting
4 firearms or weapons within 1,000 feet of a school.
5 (r)(p) Section 790.115(2)(b), relating to possessing
6 an electric weapon or device, destructive device, or other
7 weapon on school property.
8 (s)(q) Section 794.011, relating to sexual battery.
9 (t)(r) Former s. 794.041, relating to prohibited acts
10 of persons in familial or custodial authority.
11 (u)(s) Chapter 796, relating to prostitution.
12 (v)(t) Section 798.02, relating to lewd and lascivious
13 behavior.
14 (w)(u) Chapter 800, relating to lewdness and indecent
15 exposure.
16 (x)(v) Section 806.01, relating to arson.
17 (y)(w) Chapter 812, relating to theft, robbery, and
18 related crimes, if the offense is a felony.
19 (z)(x) Section 817.563, relating to fraudulent sale of
20 controlled substances, only if the offense was a felony.
21 (aa)(y) Section 825.102, relating to abuse, aggravated
22 abuse, or neglect of an elderly person or disabled adult.
23 (bb)(z) Section 825.1025, relating to lewd or
24 lascivious offenses committed upon or in the presence of an
25 elderly person or disabled adult.
26 (cc)(aa) Section 825.103, relating to exploitation of
27 an elderly person or disabled adult, if the offense was a
28 felony.
29 (dd)(bb) Section 826.04, relating to incest.
30 (ee)(cc) Section 827.03, relating to child abuse,
31 aggravated child abuse, or neglect of a child.
20
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1 (ff)(dd) Section 827.04, relating to contributing to
2 the delinquency or dependency of a child.
3 (gg)(ee) Former s. 827.05, relating to negligent
4 treatment of children.
5 (hh)(ff) Section 827.071, relating to sexual
6 performance by a child.
7 (ii)(gg) Section 843.01, relating to resisting arrest
8 with violence.
9 (jj)(hh) Section 843.025, relating to depriving a law
10 enforcement, correctional, or correctional probation officer
11 means of protection or communication.
12 (kk)(ii) Section 843.12, relating to aiding in an
13 escape.
14 (ll)(jj) Section 843.13, relating to aiding in the
15 escape of juvenile inmates in correctional institutions.
16 (mm)(kk) Chapter 847, relating to obscene literature.
17 (nn)(ll) Section 874.05(1), relating to encouraging or
18 recruiting another to join a criminal gang.
19 (oo)(mm) Chapter 893, relating to drug abuse
20 prevention and control, only if the offense was a felony or if
21 any other person involved in the offense was a minor.
22 (pp) Section 916.0175, relating to sexual misconduct
23 with certain forensic clients and reporting of such sexual
24 misconduct.
25 (qq)(nn) Section 944.35(3), relating to inflicting
26 cruel or inhuman treatment on an inmate resulting in great
27 bodily harm.
28 (rr)(oo) Section 944.46, relating to harboring,
29 concealing, or aiding an escaped prisoner.
30 (ss)(pp) Section 944.47, relating to introduction of
31 contraband into a correctional facility.
21
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1 (tt)(qq) Section 985.4045, relating to sexual
2 misconduct in juvenile justice programs.
3 (uu)(rr) Section 985.4046, relating to contraband
4 introduced into detention facilities.
5 Section 6. Section 943.0585, Florida Statutes, is
6 amended to read:
7 943.0585 Court-ordered expunction of criminal history
8 records.--The courts of this state have jurisdiction over
9 their own procedures, including the maintenance, expunction,
10 and correction of judicial records containing criminal history
11 information to the extent such procedures are not inconsistent
12 with the conditions, responsibilities, and duties established
13 by this section. Any court of competent jurisdiction may order
14 a criminal justice agency to expunge the criminal history
15 record of a minor or an adult who complies with the
16 requirements of this section. The court shall not order a
17 criminal justice agency to expunge a criminal history record
18 until the person seeking to expunge a criminal history record
19 has applied for and received a certificate of eligibility for
20 expunction pursuant to subsection (2). A criminal history
21 record that relates to a violation of s. 393.135, s. 394.4593,
22 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
23 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
24 s. 847.0145, s. 893.135, s. 916.1075, or a violation
25 enumerated in s. 907.041 may not be expunged, without regard
26 to whether adjudication was withheld, if the defendant was
27 found guilty of or pled guilty or nolo contendere to the
28 offense, or if the defendant, as a minor, was found to have
29 committed, or pled guilty or nolo contendere to committing,
30 the offense as a delinquent act. The court may only order
31 expunction of a criminal history record pertaining to one
22
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1 arrest or one incident of alleged criminal activity, except as
2 provided in this section. The court may, at its sole
3 discretion, order the expunction of a criminal history record
4 pertaining to more than one arrest if the additional arrests
5 directly relate to the original arrest. If the court intends
6 to order the expunction of records pertaining to such
7 additional arrests, such intent must be specified in the
8 order. A criminal justice agency may not expunge any record
9 pertaining to such additional arrests if the order to expunge
10 does not articulate the intention of the court to expunge a
11 record pertaining to more than one arrest. This section does
12 not prevent the court from ordering the expunction of only a
13 portion of a criminal history record pertaining to one arrest
14 or one incident of alleged criminal activity. Notwithstanding
15 any law to the contrary, a criminal justice agency may comply
16 with laws, court orders, and official requests of other
17 jurisdictions relating to expunction, correction, or
18 confidential handling of criminal history records or
19 information derived therefrom. This section does not confer
20 any right to the expunction of any criminal history record,
21 and any request for expunction of a criminal history record
22 may be denied at the sole discretion of the court.
23 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
24 RECORD.--Each petition to a court to expunge a criminal
25 history record is complete only when accompanied by:
26 (a) A certificate of eligibility for expunction issued
27 by the department pursuant to subsection (2).
28 (b) The petitioner's sworn statement attesting that
29 the petitioner:
30 1. Has never, prior to the date on which the petition
31 is filed, been adjudicated guilty of a criminal offense or
23
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1 comparable ordinance violation or adjudicated delinquent for
2 committing a felony or a misdemeanor specified in s.
3 943.051(3)(b).
4 2. Has not been adjudicated guilty of, or adjudicated
5 delinquent for committing, any of the acts stemming from the
6 arrest or alleged criminal activity to which the petition
7 pertains.
8 3. Has never secured a prior sealing or expunction of
9 a criminal history record under this section, former s.
10 893.14, former s. 901.33, or former s. 943.058, or from any
11 jurisdiction outside the state.
12 4. Is eligible for such an expunction to the best of
13 his or her knowledge or belief and does not have any other
14 petition to expunge or any petition to seal pending before any
15 court.
16
17 Any person who knowingly provides false information on such
18 sworn statement to the court commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084.
21 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
22 to petitioning the court to expunge a criminal history record,
23 a person seeking to expunge a criminal history record shall
24 apply to the department for a certificate of eligibility for
25 expunction. The department shall, by rule adopted pursuant to
26 chapter 120, establish procedures pertaining to the
27 application for and issuance of certificates of eligibility
28 for expunction. The department shall issue a certificate of
29 eligibility for expunction to a person who is the subject of a
30 criminal history record if that person:
31
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1 (a) Has obtained, and submitted to the department, a
2 written, certified statement from the appropriate state
3 attorney or statewide prosecutor which indicates:
4 1. That an indictment, information, or other charging
5 document was not filed or issued in the case.
6 2. That an indictment, information, or other charging
7 document, if filed or issued in the case, was dismissed or
8 nolle prosequi by the state attorney or statewide prosecutor,
9 or was dismissed by a court of competent jurisdiction.
10 3. That the criminal history record does not relate to
11 a violation of s. 393.135, s. 394.4593, s. 787.025, chapter
12 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s.
13 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
14 s. 893.135, s. 916.1075, or a violation enumerated in s.
15 907.041, where the defendant was found guilty of, or pled
16 guilty or nolo contendere to any such offense, or that the
17 defendant, as a minor, was found to have committed, or pled
18 guilty or nolo contendere to committing, such an offense as a
19 delinquent act, without regard to whether adjudication was
20 withheld.
21 (b) Remits a $75 processing fee to the department for
22 placement in the Department of Law Enforcement Operating Trust
23 Fund, unless such fee is waived by the executive director.
24 (c) Has submitted to the department a certified copy
25 of the disposition of the charge to which the petition to
26 expunge pertains.
27 (d) Has never, prior to the date on which the
28 application for a certificate of eligibility is filed, been
29 adjudicated guilty of a criminal offense or comparable
30 ordinance violation or adjudicated delinquent for committing a
31 felony or a misdemeanor specified in s. 943.051(3)(b).
25
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1 (e) Has not been adjudicated guilty of, or adjudicated
2 delinquent for committing, any of the acts stemming from the
3 arrest or alleged criminal activity to which the petition to
4 expunge pertains.
5 (f) Has never secured a prior sealing or expunction of
6 a criminal history record under this section, former s.
7 893.14, former s. 901.33, or former s. 943.058.
8 (g) Is no longer under court supervision applicable to
9 the disposition of the arrest or alleged criminal activity to
10 which the petition to expunge pertains.
11 (h) Is not required to wait a minimum of 10 years
12 prior to being eligible for an expunction of such records
13 because all charges related to the arrest or criminal activity
14 to which the petition to expunge pertains were dismissed prior
15 to trial, adjudication, or the withholding of adjudication.
16 Otherwise, such criminal history record must be sealed under
17 this section, former s. 893.14, former s. 901.33, or former s.
18 943.058 for at least 10 years before such record is eligible
19 for expunction.
20 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
21 (a) In judicial proceedings under this section, a copy
22 of the completed petition to expunge shall be served upon the
23 appropriate state attorney or the statewide prosecutor and
24 upon the arresting agency; however, it is not necessary to
25 make any agency other than the state a party. The appropriate
26 state attorney or the statewide prosecutor and the arresting
27 agency may respond to the court regarding the completed
28 petition to expunge.
29 (b) If relief is granted by the court, the clerk of
30 the court shall certify copies of the order to the appropriate
31 state attorney or the statewide prosecutor and the arresting
26
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1 agency. The arresting agency is responsible for forwarding the
2 order to any other agency to which the arresting agency
3 disseminated the criminal history record information to which
4 the order pertains. The department shall forward the order to
5 expunge to the Federal Bureau of Investigation. The clerk of
6 the court shall certify a copy of the order to any other
7 agency which the records of the court reflect has received the
8 criminal history record from the court.
9 (c) For an order to expunge entered by a court prior
10 to July 1, 1992, the department shall notify the appropriate
11 state attorney or statewide prosecutor of an order to expunge
12 which is contrary to law because the person who is the subject
13 of the record has previously been convicted of a crime or
14 comparable ordinance violation or has had a prior criminal
15 history record sealed or expunged. Upon receipt of such
16 notice, the appropriate state attorney or statewide prosecutor
17 shall take action, within 60 days, to correct the record and
18 petition the court to void the order to expunge. The
19 department shall seal the record until such time as the order
20 is voided by the court.
21 (d) On or after July 1, 1992, the department or any
22 other criminal justice agency is not required to act on an
23 order to expunge entered by a court when such order does not
24 comply with the requirements of this section. Upon receipt of
25 such an order, the department must notify the issuing court,
26 the appropriate state attorney or statewide prosecutor, the
27 petitioner or the petitioner's attorney, and the arresting
28 agency of the reason for noncompliance. The appropriate state
29 attorney or statewide prosecutor shall take action within 60
30 days to correct the record and petition the court to void the
31 order. No cause of action, including contempt of court, shall
27
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1 arise against any criminal justice agency for failure to
2 comply with an order to expunge when the petitioner for such
3 order failed to obtain the certificate of eligibility as
4 required by this section or such order does not otherwise
5 comply with the requirements of this section.
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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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.
9 916.106(10) and (13), 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 (b) Subject to the exceptions in paragraph (a), a
16 person who has been granted an expunction under this section,
17 former s. 893.14, former s. 901.33, or former s. 943.058 may
18 not be held under any provision of law of this state to commit
19 perjury or to be otherwise liable for giving a false statement
20 by reason of such person's failure to recite or acknowledge an
21 expunged criminal history record.
22 (c) Information relating to the existence of an
23 expunged criminal history record which is provided in
24 accordance with paragraph (a) is confidential and exempt from
25 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
26 State Constitution, except that the department shall disclose
27 the existence of a criminal history record ordered expunged to
28 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
29 for their respective licensing and employment purposes, and to
30 criminal justice agencies for their respective criminal
31 justice purposes. It is unlawful for any employee of an entity
29
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1 set forth in subparagraph (a)1., subparagraph (a)4.,
2 subparagraph (a)5., or subparagraph (a)6. to disclose
3 information relating to the existence of an expunged criminal
4 history record of a person seeking employment or licensure
5 with such entity or contractor, except to the person to whom
6 the criminal history record relates or to persons having
7 direct responsibility for employment or licensure decisions.
8 Any person who violates this paragraph commits a misdemeanor
9 of the first degree, punishable as provided in s. 775.082 or
10 s. 775.083.
11 (5) STATUTORY REFERENCES.--Any reference to any other
12 chapter, section, or subdivision of the Florida Statutes in
13 this section constitutes a general reference under the
14 doctrine of incorporation by reference.
15 Section 7. Section 943.059, Florida Statutes, is
16 amended to read:
17 943.059 Court-ordered sealing of criminal history
18 records.--The courts of this state shall continue to have
19 jurisdiction over their own procedures, including the
20 maintenance, sealing, and correction of judicial records
21 containing criminal history information to the extent such
22 procedures are not inconsistent with the conditions,
23 responsibilities, and duties established by this section. Any
24 court of competent jurisdiction may order a criminal justice
25 agency to seal the criminal history record of a minor or an
26 adult who complies with the requirements of this section. The
27 court shall not order a criminal justice agency to seal a
28 criminal history record until the person seeking to seal a
29 criminal history record has applied for and received a
30 certificate of eligibility for sealing pursuant to subsection
31 (2). A criminal history record that relates to a violation of
30
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1 s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,
2 s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,
3 s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
4 916.1075, or a violation enumerated in s. 907.041 may not be
5 sealed, without regard to whether adjudication was withheld,
6 if the defendant was found guilty of or pled guilty or nolo
7 contendere to the offense, or if the defendant, as a minor,
8 was found to have committed or pled guilty or nolo contendere
9 to committing the offense as a delinquent act. The court may
10 only order sealing of a criminal history record pertaining to
11 one arrest or one incident of alleged criminal activity,
12 except as provided in this section. The court may, at its sole
13 discretion, order the sealing of a criminal history record
14 pertaining to more than one arrest if the additional arrests
15 directly relate to the original arrest. If the court intends
16 to order the sealing of records pertaining to such additional
17 arrests, such intent must be specified in the order. A
18 criminal justice agency may not seal any record pertaining to
19 such additional arrests if the order to seal does not
20 articulate the intention of the court to seal records
21 pertaining to more than one arrest. This section does not
22 prevent the court from ordering the sealing of only a portion
23 of a criminal history record pertaining to one arrest or one
24 incident of alleged criminal activity. Notwithstanding any law
25 to the contrary, a criminal justice agency may comply with
26 laws, court orders, and official requests of other
27 jurisdictions relating to sealing, correction, or confidential
28 handling of criminal history records or information derived
29 therefrom. This section does not confer any right to the
30 sealing of any criminal history record, and any request for
31
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1 sealing a criminal history record may be denied at the sole
2 discretion of the court.
3 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
4 petition to a court to seal a criminal history record is
5 complete only when accompanied by:
6 (a) A certificate of eligibility for sealing issued by
7 the department pursuant to subsection (2).
8 (b) The petitioner's sworn statement attesting that
9 the petitioner:
10 1. Has never, prior to the date on which the petition
11 is filed, been adjudicated guilty of a criminal offense or
12 comparable ordinance violation or adjudicated delinquent for
13 committing a felony or a misdemeanor specified in s.
14 943.051(3)(b).
15 2. Has not been adjudicated guilty of or adjudicated
16 delinquent for committing any of the acts stemming from the
17 arrest or alleged criminal activity to which the petition to
18 seal pertains.
19 3. Has never secured a prior sealing or expunction of
20 a criminal history record under this section, former s.
21 893.14, former s. 901.33, former s. 943.058, or from any
22 jurisdiction outside the state.
23 4. Is eligible for such a sealing to the best of his
24 or her knowledge or belief and does not have any other
25 petition to seal or any petition to expunge pending before any
26 court.
27
28 Any person who knowingly provides false information on such
29 sworn statement to the court commits a felony of the third
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
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1 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
2 petitioning the court to seal a criminal history record, a
3 person seeking to seal a criminal history record shall apply
4 to the department for a certificate of eligibility for
5 sealing. The department shall, by rule adopted pursuant to
6 chapter 120, establish procedures pertaining to the
7 application for and issuance of certificates of eligibility
8 for sealing. The department shall issue a certificate of
9 eligibility for sealing to a person who is the subject of a
10 criminal history record provided that such person:
11 (a) Has submitted to the department a certified copy
12 of the disposition of the charge to which the petition to seal
13 pertains.
14 (b) Remits a $75 processing fee to the department for
15 placement in the Department of Law Enforcement Operating Trust
16 Fund, unless such fee is waived by the executive director.
17 (c) Has never, prior to the date on which the
18 application for a certificate of eligibility is filed, been
19 adjudicated guilty of a criminal offense or comparable
20 ordinance violation or adjudicated delinquent for committing a
21 felony or a misdemeanor specified in s. 943.051(3)(b).
22 (d) Has not been adjudicated guilty of or adjudicated
23 delinquent for committing any of the acts stemming from the
24 arrest or alleged criminal activity to which the petition to
25 seal pertains.
26 (e) Has never secured a prior sealing or expunction of
27 a criminal history record under this section, former s.
28 893.14, former s. 901.33, or former s. 943.058.
29 (f) Is no longer under court supervision applicable to
30 the disposition of the arrest or alleged criminal activity to
31 which the petition to seal pertains.
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1 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
2 (a) In judicial proceedings under this section, a copy
3 of the completed petition to seal shall be served upon the
4 appropriate state attorney or the statewide prosecutor and
5 upon the arresting agency; however, it is not necessary to
6 make any agency other than the state a party. The appropriate
7 state attorney or the statewide prosecutor and the arresting
8 agency may respond to the court regarding the completed
9 petition to seal.
10 (b) If relief is granted by the court, the clerk of
11 the court shall certify copies of the order to the appropriate
12 state attorney or the statewide prosecutor and to the
13 arresting agency. The arresting agency is responsible for
14 forwarding the order to any other agency to which the
15 arresting agency disseminated the criminal history record
16 information to which the order pertains. The department shall
17 forward the order to seal to the Federal Bureau of
18 Investigation. The clerk of the court shall certify a copy of
19 the order to any other agency which the records of the court
20 reflect has received the criminal history record from the
21 court.
22 (c) For an order to seal entered by a court prior to
23 July 1, 1992, the department shall notify the appropriate
24 state attorney or statewide prosecutor of any order to seal
25 which is contrary to law because the person who is the subject
26 of the record has previously been convicted of a crime or
27 comparable ordinance violation or has had a prior criminal
28 history record sealed or expunged. Upon receipt of such
29 notice, the appropriate state attorney or statewide prosecutor
30 shall take action, within 60 days, to correct the record and
31 petition the court to void the order to seal. The department
34
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1 shall seal the record until such time as the order is voided
2 by the court.
3 (d) On or after July 1, 1992, the department or any
4 other criminal justice agency is not required to act on an
5 order to seal entered by a court when such order does not
6 comply with the requirements of this section. Upon receipt of
7 such an order, the department must notify the issuing court,
8 the appropriate state attorney or statewide prosecutor, the
9 petitioner or the petitioner's attorney, and the arresting
10 agency of the reason for noncompliance. The appropriate state
11 attorney or statewide prosecutor shall take action within 60
12 days to correct the record and petition the court to void the
13 order. No cause of action, including contempt of court, shall
14 arise against any criminal justice agency for failure to
15 comply with an order to seal when the petitioner for such
16 order failed to obtain the certificate of eligibility as
17 required by this section or when such order does not comply
18 with the requirements of this section.
19 (e) An order sealing a criminal history record
20 pursuant to this section does not require that such record be
21 surrendered to the court, and such record shall continue to be
22 maintained by the department and other criminal justice
23 agencies.
24 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
25 criminal history record of a minor or an adult which is
26 ordered sealed by a court of competent jurisdiction pursuant
27 to this section is confidential and exempt from the provisions
28 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
29 and is available only to the person who is the subject of the
30 record, to the subject's attorney, to criminal justice
31 agencies for their respective criminal justice purposes, or to
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1 those entities set forth in subparagraphs (a)1., 4., 5., and
2 6. for their respective licensing and employment purposes.
3 (a) The subject of a criminal history record sealed
4 under this section or under other provisions of law, including
5 former s. 893.14, former s. 901.33, and former s. 943.058, may
6 lawfully deny or fail to acknowledge the arrests covered by
7 the sealed record, except when the subject of the record:
8 1. Is a candidate for employment with a criminal
9 justice agency;
10 2. Is a defendant in a criminal prosecution;
11 3. Concurrently or subsequently petitions for relief
12 under this section or s. 943.0585;
13 4. Is a candidate for admission to The Florida Bar;
14 5. Is seeking to be employed or licensed by or to
15 contract with the Department of Children and Family Services
16 or the Department of Juvenile Justice or to be employed or
17 used by such contractor or licensee in 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. 393.063(15), s. 394.4572(1), s. 397.451, s.
21 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
22 415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;
23 or
24 6. Is seeking to be employed or licensed by the Office
25 of Teacher Education, Certification, Staff Development, and
26 Professional Practices of the Department of Education, any
27 district school board, or any local governmental entity which
28 licenses child care facilities.
29 (b) Subject to the exceptions in paragraph (a), a
30 person who has been granted a sealing under this section,
31 former s. 893.14, former s. 901.33, or former s. 943.058 may
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1 not be held under any provision of law of this state to commit
2 perjury or to be otherwise liable for giving a false statement
3 by reason of such person's failure to recite or acknowledge a
4 sealed criminal history record.
5 (c) Information relating to the existence of a sealed
6 criminal record provided in accordance with the provisions of
7 paragraph (a) is confidential and exempt from the provisions
8 of s. 119.07(1) and s. 24(a), Art. I of the State
9 Constitution, except that the department shall disclose the
10 sealed criminal history record to the entities set forth in
11 subparagraphs (a)1., 4., 5., and 6. for their respective
12 licensing and employment purposes. It is unlawful for any
13 employee of an entity set forth in subparagraph (a)1.,
14 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
15 to disclose information relating to the existence of a sealed
16 criminal history record of a person seeking employment or
17 licensure with such entity or contractor, except to the person
18 to whom the criminal history record relates or to persons
19 having direct responsibility for employment or licensure
20 decisions. Any person who violates the provisions of this
21 paragraph commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (5) STATUTORY REFERENCES.--Any reference to any other
24 chapter, section, or subdivision of the Florida Statutes in
25 this section constitutes a general reference under the
26 doctrine of incorporation by reference.
27 Section 8. Paragraph (a) of subsection (2) of section
28 400.215, Florida Statutes, is amended, and paragraphs (b) and
29 (c) of subsection (2) and subsection (3) of that section are
30 reenacted for the purpose of incorporating the amendments to
31
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1 sections 435.03 and 435.04, Florida Statutes, in references
2 thereto, to read:
3 400.215 Personnel screening requirement.--
4 (2) Employers and employees shall comply with the
5 requirements of s. 435.05.
6 (a) Notwithstanding the provisions of s. 435.05(1),
7 facilities must have in their possession evidence that level 1
8 screening has been completed before allowing an employee to
9 begin working with patients as provided in subsection (1). All
10 information necessary for conducting background screening
11 using level 1 standards as specified in s. 435.03(1) shall be
12 submitted by the nursing facility to the agency. Results of
13 the background screening shall be provided by the agency to
14 the requesting nursing facility.
15 (b) Employees qualified under the provisions of
16 paragraph (a) who have not maintained continuous residency
17 within the state for the 5 years immediately preceding the
18 date of request for background screening must complete level 2
19 screening, as provided in chapter 435. Such employees may work
20 in a conditional status up to 180 days pending the receipt of
21 written findings evidencing the completion of level 2
22 screening. Level 2 screening shall not be required of
23 employees or prospective employees who attest in writing under
24 penalty of perjury that they meet the residency requirement.
25 Completion of level 2 screening shall require the employee or
26 prospective employee to furnish to the nursing facility a full
27 set of fingerprints to enable a criminal background
28 investigation to be conducted. The nursing facility shall
29 submit the completed fingerprint card to the agency. The
30 agency shall establish a record of the request in the database
31 provided for in paragraph (c) and forward the request to the
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1 Department of Law Enforcement, which is authorized to submit
2 the fingerprints to the Federal Bureau of Investigation for a
3 national criminal history records check. The results of the
4 national criminal history records check shall be returned to
5 the agency, which shall maintain the results in the database
6 provided for in paragraph (c). The agency shall notify the
7 administrator of the requesting nursing facility or the
8 administrator of any other facility licensed under chapter
9 393, chapter 394, chapter 395, chapter 397, or this chapter,
10 as requested by such facility, as to whether or not the
11 employee has qualified under level 1 or level 2 screening. An
12 employee or prospective employee who has qualified under level
13 2 screening and has maintained such continuous residency
14 within the state shall not be required to complete a
15 subsequent level 2 screening as a condition of employment at
16 another facility.
17 (c) The agency shall establish and maintain a database
18 of background screening information which shall include the
19 results of both level 1 and level 2 screening. The Department
20 of Law Enforcement shall timely provide to the agency,
21 electronically, the results of each statewide screening for
22 incorporation into the database. The agency shall, upon
23 request from any facility, agency, or program required by or
24 authorized by law to screen its employees or applicants,
25 notify the administrator of the facility, agency, or program
26 of the qualifying or disqualifying status of the employee or
27 applicant named in the request.
28 (3) The applicant is responsible for paying the fees
29 associated with obtaining the required screening. Payment for
30 the screening shall be submitted to the agency. The agency
31 shall establish a schedule of fees to cover the costs of level
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1 1 and level 2 screening. Facilities may reimburse employees
2 for these costs. The Department of Law Enforcement shall
3 charge the agency for a level 1 or level 2 screening a rate
4 sufficient to cover the costs of such screening pursuant to s.
5 943.053(3). The agency shall, as allowable, reimburse nursing
6 facilities for the cost of conducting background screening as
7 required by this section. This reimbursement will not be
8 subject to any rate ceilings or payment targets in the
9 Medicaid Reimbursement plan.
10 Section 9. For the purpose of incorporating the
11 amendments to sections 435.03 and 435.04, Florida Statutes, in
12 references thereto, subsections (1) and (2) of section
13 400.964, Florida Statutes, are reenacted, and subsection (7)
14 of that section is amended and reenacted, to read:
15 400.964 Personnel screening requirement.--
16 (1) The agency shall require level 2 background
17 screening as provided in chapter 435 for all employees or
18 prospective employees of facilities licensed under this part
19 who are expected to be, or whose responsibilities are such
20 that they would be considered to be, a direct service
21 provider.
22 (2) Employers and employees shall comply with the
23 requirements of chapter 435.
24 (7) All employees must comply with the requirements of
25 this section by October 1, 2000. A person employed by a
26 facility licensed pursuant to this part as of the effective
27 date of this act is not required to submit to rescreening if
28 the facility has in its possession written evidence that the
29 person has been screened and qualified according to level 1
30 standards as specified in s. 435.03(1). Any current employee
31 who meets the level 1 requirement but does not meet the 5-year
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1 residency requirement must provide to the employing facility
2 written attestation under penalty of perjury that the employee
3 has not been convicted of a disqualifying offense in another
4 state or jurisdiction. All applicants hired on or after
5 October 1, 1999, must comply with the requirements of this
6 section.
7 Section 10. For the purpose of incorporating the
8 amendment to section 435.04, Florida Statutes, in a reference
9 thereto, paragraph (a) of subsection (1) of section 435.045,
10 Florida Statutes, is amended and reenacted to read:
11 435.045 Requirements for placement of dependent
12 children.--
13 (1)(a) Unless an election provided for in subsection
14 (2) is made with respect to the state, the department is
15 authorized to conduct criminal records checks equivalent to
16 the level 2 screening required in s. 435.04(1) for any person
17 being considered by the department for placement of a child
18 subject to a placement decision pursuant to chapter 39.
19 Approval shall not be granted:
20 1. In any case in which a record check reveals a
21 felony conviction for child abuse, abandonment, or neglect;
22 for spousal abuse; for a crime against children, including
23 child pornography, or for a crime involving violence,
24 including rape, sexual assault, or homicide but not including
25 other physical assault or battery, if the department finds
26 that a court of competent jurisdiction has determined that the
27 felony was committed at any time; and
28 2. In any case in which a record check reveals a
29 felony conviction for physical assault, battery, or a
30 drug-related offense, if the department finds that a court of
31
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1 competent jurisdiction has determined that the felony was
2 committed within the past 5 years.
3 Section 11. For the purpose of incorporating the
4 amendment to sections 435.03 and 435.04, Florida Statutes, in
5 references thereto, paragraphs (f) and (g) of subsection (1)
6 of section 400.414, Florida Statutes, are reenacted to read:
7 400.414 Denial, revocation, or suspension of license;
8 imposition of administrative fine; grounds.--
9 (1) The agency may deny, revoke, or suspend any
10 license issued under this part, or impose an administrative
11 fine in the manner provided in chapter 120, for any of the
12 following actions by an assisted living facility, for the
13 actions of any person subject to level 2 background screening
14 under s. 400.4174, or for the actions of any facility
15 employee:
16 (f) A determination that a person subject to level 2
17 background screening under s. 400.4174(1) does not meet the
18 screening standards of s. 435.04 or that the facility is
19 retaining an employee subject to level 1 background screening
20 standards under s. 400.4174(2) who does not meet the screening
21 standards of s. 435.03 and for whom exemptions from
22 disqualification have not been provided by the agency.
23 (g) A determination that an employee, volunteer,
24 administrator, or owner, or person who otherwise has access to
25 the residents of a facility does not meet the criteria
26 specified in s. 435.03(2), and the owner or administrator has
27 not taken action to remove the person. Exemptions from
28 disqualification may be granted as set forth in s. 435.07. No
29 administrative action may be taken against the facility if the
30 person is granted an exemption.
31
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1 Administrative proceedings challenging agency action under
2 this subsection shall be reviewed on the basis of the facts
3 and conditions that resulted in the agency action.
4 Section 12. For the purpose of incorporating the
5 amendment to sections 435.03 and 435.04, Florida Statutes, in
6 references thereto, section 400.4174, Florida Statutes, is
7 reenacted to read:
8 400.4174 Background screening; exemptions.--
9 (1)(a) Level 2 background screening must be conducted
10 on each of the following persons, who shall be considered
11 employees for the purposes of conducting screening under
12 chapter 435:
13 1. The facility owner if an individual, the
14 administrator, and the financial officer.
15 2. An officer or board member if the facility owner is
16 a firm, corporation, partnership, or association, or any
17 person owning 5 percent or more of the facility if the agency
18 has probable cause to believe that such person has been
19 convicted of any offense prohibited by s. 435.04. For each
20 officer, board member, or person owning 5 percent or more who
21 has been convicted of any such offense, the facility shall
22 submit to the agency a description and explanation of the
23 conviction at the time of license application. This
24 subparagraph does not apply to a board member of a
25 not-for-profit corporation or organization if the board member
26 serves solely in a voluntary capacity, does not regularly take
27 part in the day-to-day operational decisions of the
28 corporation or organization, receives no remuneration for his
29 or her services, and has no financial interest and has no
30 family members with a financial interest in the corporation or
31 organization, provided that the board member and facility
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1 submit a statement affirming that the board member's
2 relationship to the facility satisfies the requirements of
3 this subparagraph.
4 (b) Proof of compliance with level 2 screening
5 standards which has been submitted within the previous 5 years
6 to meet any facility or professional licensure requirements of
7 the agency or the Department of Health satisfies the
8 requirements of this subsection, provided that such proof is
9 accompanied, under penalty of perjury, by an affidavit of
10 compliance with the provisions of chapter 435. Proof of
11 compliance with the background screening requirements of the
12 Financial Services Commission and the Office of Insurance
13 Regulation for applicants for a certificate of authority to
14 operate a continuing care retirement community under chapter
15 651, submitted within the last 5 years, satisfies the
16 Department of Law Enforcement and Federal Bureau of
17 Investigation portions of a level 2 background check.
18 (c) The agency may grant a provisional license to a
19 facility applying for an initial license when each individual
20 required by this subsection to undergo screening has completed
21 the Department of Law Enforcement background checks, but has
22 not yet received results from the Federal Bureau of
23 Investigation, or when a request for an exemption from
24 disqualification has been submitted to the agency pursuant to
25 s. 435.07, but a response has not been issued.
26 (2) The owner or administrator of an assisted living
27 facility must conduct level 1 background screening, as set
28 forth in chapter 435, on all employees hired on or after
29 October 1, 1998, who perform personal services as defined in
30 s. 400.402(17). The agency may exempt an individual from
31
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1 employment disqualification as set forth in chapter 435. Such
2 persons shall be considered as having met this requirement if:
3 (a) Proof of compliance with level 1 screening
4 requirements obtained to meet any professional license
5 requirements in this state is provided and accompanied, under
6 penalty of perjury, by a copy of the person's current
7 professional license and an affidavit of current compliance
8 with the background screening requirements.
9 (b) The person required to be screened has been
10 continuously employed in the same type of occupation for which
11 the person is seeking employment without a breach in service
12 which exceeds 180 days, and proof of compliance with the level
13 1 screening requirement which is no more than 2 years old is
14 provided. Proof of compliance shall be provided directly from
15 one employer or contractor to another, and not from the person
16 screened. Upon request, a copy of screening results shall be
17 provided by the employer retaining documentation of the
18 screening to the person screened.
19 (c) The person required to be screened is employed by
20 a corporation or business entity or related corporation or
21 business entity that owns, operates, or manages more than one
22 facility or agency licensed under this chapter, and for whom a
23 level 1 screening was conducted by the corporation or business
24 entity as a condition of initial or continued employment.
25 Section 13. For the purpose of incorporating the
26 amendment to sections 435.03 and 435.04, Florida Statutes, in
27 references thereto, paragraphs (a), (b), (c), (d), (f), and
28 (g) of subsection (4) of section 400.509, Florida Statutes,
29 are reenacted to read:
30
31
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1 400.509 Registration of particular service providers
2 exempt from licensure; certificate of registration; regulation
3 of registrants.--
4 (4) Each applicant for registration must comply with
5 the following requirements:
6 (a) Upon receipt of a completed, signed, and dated
7 application, the agency shall require background screening, in
8 accordance with the level 1 standards for screening set forth
9 in chapter 435, of every individual who will have contact with
10 the client. The agency shall require background screening of
11 the managing employee or other similarly titled individual who
12 is responsible for the operation of the entity, and of the
13 financial officer or other similarly titled individual who is
14 responsible for the financial operation of the entity,
15 including billings for client services in accordance with the
16 level 2 standards for background screening as set forth in
17 chapter 435.
18 (b) The agency may require background screening of any
19 other individual who is affiliated with the applicant if the
20 agency has a reasonable basis for believing that he or she has
21 been convicted of a crime or has committed any other offense
22 prohibited under the level 2 standards for screening set forth
23 in chapter 435.
24 (c) Proof of compliance with the level 2 background
25 screening requirements of chapter 435 which has been submitted
26 within the previous 5 years in compliance with any other
27 health care or assisted living licensure requirements of this
28 state is acceptable in fulfillment of paragraph (a).
29 (d) A provisional registration may be granted to an
30 applicant when each individual required by this section to
31 undergo background screening has met the standards for the
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1 abuse-registry background check through the agency and the
2 Department of Law Enforcement background check, but the agency
3 has not yet received background screening results from the
4 Federal Bureau of Investigation. A standard registration may
5 be granted to the applicant upon the agency's receipt of a
6 report of the results of the Federal Bureau of Investigation
7 background screening for each individual required by this
8 section to undergo background screening which confirms that
9 all standards have been met, or upon the granting of a
10 disqualification exemption by the agency as set forth in
11 chapter 435. Any other person who is required to undergo level
12 2 background screening may serve in his or her capacity
13 pending the agency's receipt of the report from the Federal
14 Bureau of Investigation. However, the person may not continue
15 to serve if the report indicates any violation of background
16 screening standards and if a disqualification exemption has
17 not been requested of and granted by the agency as set forth
18 in chapter 435.
19 (f) Each applicant must submit to the agency a
20 description and explanation of any conviction of an offense
21 prohibited under the level 2 standards of chapter 435 which
22 was committed by a member of the board of directors of the
23 applicant, its officers, or any individual owning 5 percent or
24 more of the applicant. This requirement does not apply to a
25 director of a not-for-profit corporation or organization who
26 serves solely in a voluntary capacity for the corporation or
27 organization, does not regularly take part in the day-to-day
28 operational decisions of the corporation or organization,
29 receives no remuneration for his or her services on the
30 corporation's or organization's board of directors, and has no
31 financial interest and no family members having a financial
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1 interest in the corporation or organization, if the director
2 and the not-for-profit corporation or organization include in
3 the application a statement affirming that the director's
4 relationship to the corporation satisfies the requirements of
5 this paragraph.
6 (g) A registration may not be granted to an applicant
7 if the applicant or managing employee has been found guilty
8 of, regardless of adjudication, or has entered a plea of nolo
9 contendere or guilty to, any offense prohibited under the
10 level 2 standards for screening set forth in chapter 435,
11 unless an exemption from disqualification has been granted by
12 the agency as set forth in chapter 435.
13 Section 14. For the purpose of incorporating the
14 amendment to sections 435.03 and 435.04, Florida Statutes, in
15 references thereto, paragraph (c) of subsection (2) of section
16 400.556, Florida Statutes, is reenacted to read:
17 400.556 Denial, suspension, revocation of license;
18 administrative fines; investigations and inspections.--
19 (2) Each of the following actions by the owner of an
20 adult day care center or by its operator or employee is a
21 ground for action by the agency against the owner of the
22 center or its operator or employee:
23 (c) A failure of persons subject to level 2 background
24 screening under s. 400.4174(1) to meet the screening standards
25 of s. 435.04, or the retention by the center of an employee
26 subject to level 1 background screening standards under s.
27 400.4174(2) who does not meet the screening standards of s.
28 435.03 and for whom exemptions from disqualification have not
29 been provided by the agency.
30 Section 15. For the purpose of incorporating the
31 amendment to sections 435.03 and 435.04, Florida Statutes, in
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1 references thereto, subsections (1), (2), and (4) of section
2 400.6065, Florida Statutes, are reenacted to read:
3 400.6065 Background screening.--
4 (1) Upon receipt of a completed application under s.
5 400.606, the agency shall require level 2 background screening
6 on each of the following persons, who shall be considered
7 employees for the purposes of conducting screening under
8 chapter 435:
9 (a) The hospice administrator and financial officer.
10 (b) An officer or board member if the hospice is a
11 firm, corporation, partnership, or association, or any person
12 owning 5 percent or more of the hospice if the agency has
13 probable cause to believe that such officer, board member, or
14 owner has been convicted of any offense prohibited by s.
15 435.04. For each officer, board member, or person owning 5
16 percent or more who has been convicted of any such offense,
17 the hospice shall submit to the agency a description and
18 explanation of the conviction at the time of license
19 application. This paragraph does not apply to a board member
20 of a not-for-profit corporation or organization if the board
21 member serves solely in a voluntary capacity, does not
22 regularly take part in the day-to-day operational decisions of
23 the corporation or organization, receives no remuneration for
24 his or her services, and has no financial interest and has no
25 family members with a financial interest in the corporation or
26 organization, provided that the board member and the
27 corporation or organization submit a statement affirming that
28 the board member's relationship to the corporation or
29 organization satisfies the requirements of this paragraph.
30 (2) Proof of compliance with level 2 screening
31 standards which has been submitted within the previous 5 years
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1 to meet any facility or professional licensure requirements of
2 the agency or the Department of Health satisfies the
3 requirements of this section.
4 (4) The agency shall require employment or contractor
5 screening as provided in chapter 435, using the level 1
6 standards for screening set forth in that chapter, for hospice
7 personnel.
8 Section 16. For the purpose of incorporating the
9 amendment to sections 435.03 and 435.04, Florida Statutes, in
10 references thereto, paragraphs (a), (b), (c), (d), (f), and
11 (g) of subsection (4) of section 400.980, Florida Statutes,
12 are reenacted to read:
13 400.980 Health care services pools.--
14 (4) Each applicant for registration must comply with
15 the following requirements:
16 (a) Upon receipt of a completed, signed, and dated
17 application, the agency shall require background screening, in
18 accordance with the level 1 standards for screening set forth
19 in chapter 435, of every individual who will have contact with
20 patients. The agency shall require background screening of the
21 managing employee or other similarly titled individual who is
22 responsible for the operation of the entity, and of the
23 financial officer or other similarly titled individual who is
24 responsible for the financial operation of the entity,
25 including billings for services in accordance with the level 2
26 standards for background screening as set forth in chapter
27 435.
28 (b) The agency may require background screening of any
29 other individual who is affiliated with the applicant if the
30 agency has a reasonable basis for believing that he or she has
31 been convicted of a crime or has committed any other offense
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1 prohibited under the level 2 standards for screening set forth
2 in chapter 435.
3 (c) Proof of compliance with the level 2 background
4 screening requirements of chapter 435 which has been submitted
5 within the previous 5 years in compliance with any other
6 health care or assisted living licensure requirements of this
7 state is acceptable in fulfillment of paragraph (a).
8 (d) A provisional registration 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 Department of Law Enforcement background check but the agency
12 has not yet received background screening results from the
13 Federal Bureau of Investigation. A standard registration may
14 be granted to the applicant upon the agency's receipt of a
15 report of the results of the Federal Bureau of Investigation
16 background screening for each individual required by this
17 section to undergo background screening which confirms that
18 all standards have been met, or upon the granting of a
19 disqualification exemption by the agency as set forth in
20 chapter 435. Any other person who is required to undergo level
21 2 background screening may serve in his or her capacity
22 pending the agency's receipt of the report from the Federal
23 Bureau of Investigation. However, the person may not continue
24 to serve if the report indicates any violation of background
25 screening standards and if a disqualification exemption has
26 not been requested of and granted by the agency as set forth
27 in chapter 435.
28 (f) Each applicant must submit to the agency a
29 description and explanation of any conviction of an offense
30 prohibited under the level 2 standards of chapter 435 which
31 was committed by a member of the board of directors of the
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1 applicant, its officers, or any individual owning 5 percent or
2 more of the applicant. This requirement does not apply to a
3 director of a not-for-profit corporation or organization who
4 serves solely in a voluntary capacity for the corporation or
5 organization, does not regularly take part in the day-to-day
6 operational decisions of the corporation or organization,
7 receives no remuneration for his or her services on the
8 corporation's or organization's board of directors, and has no
9 financial interest and no family members having a financial
10 interest in the corporation or organization, if the director
11 and the not-for-profit corporation or organization include in
12 the application a statement affirming that the director's
13 relationship to the corporation satisfies the requirements of
14 this paragraph.
15 (g) A registration may not be granted to an applicant
16 if the applicant or managing employee has been found guilty
17 of, regardless of adjudication, or has entered a plea of nolo
18 contendere or guilty to, any offense prohibited under the
19 level 2 standards for screening set forth in chapter 435,
20 unless an exemption from disqualification has been granted by
21 the agency as set forth in chapter 435.
22 Section 17. For the purpose of incorporating the
23 amendment to sections 435.03 and 435.04, Florida Statutes, in
24 references thereto, paragraph (k) of subsection (2) of section
25 409.175, Florida Statutes, is reenacted to read:
26 409.175 Licensure of family foster homes, residential
27 child-caring agencies, and child-placing agencies; public
28 records exemption.--
29 (2) As used in this section, the term:
30 (k) "Screening" means the act of assessing the
31 background of personnel and includes, but is not limited to,
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1 employment history checks as provided in chapter 435, using
2 the level 2 standards for screening set forth in that chapter.
3 Screening for employees and volunteers in summer day camps and
4 summer 24-hour camps and screening for all volunteers included
5 under the definition of "personnel" shall be conducted as
6 provided in chapter 435, using the level 1 standards set forth
7 in that chapter.
8 Section 18. For the purpose of incorporating the
9 amendment to sections 435.03 and 435.04, Florida Statutes, in
10 references thereto, paragraph (d) of subsection (8) of section
11 409.907, Florida Statutes, is reenacted to read:
12 409.907 Medicaid provider agreements.--The agency may
13 make payments for medical assistance and related services
14 rendered to Medicaid recipients only to an individual or
15 entity who has a provider agreement in effect with the agency,
16 who is performing services or supplying goods in accordance
17 with federal, state, and local law, and who agrees that no
18 person shall, on the grounds of handicap, race, color, or
19 national origin, or for any other reason, be subjected to
20 discrimination under any program or activity for which the
21 provider receives payment from the agency.
22 (8)
23 (d) Proof of compliance with the requirements of level
24 2 screening under s. 435.04 conducted within 12 months prior
25 to the date that the Medicaid provider application is
26 submitted to the agency shall fulfill the requirements of this
27 subsection. Proof of compliance with the requirements of level
28 1 screening under s. 435.03 conducted within 12 months prior
29 to the date that the Medicaid provider application is
30 submitted to the agency shall meet the requirement that the
31
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1 Department of Law Enforcement conduct a state criminal history
2 record check.
3 Section 19. For the purpose of incorporating the
4 amendment to sections 435.03 and 435.04, Florida Statutes, in
5 references thereto, subsections (1) and (3) of section 435.05,
6 Florida Statutes, are reenacted to read:
7 435.05 Requirements for covered employees.--Except as
8 otherwise provided by law, the following requirements shall
9 apply to covered employees:
10 (1)(a) Every person employed in a position for which
11 employment screening is required must, within 5 working days
12 after starting to work, submit to the employer a complete set
13 of information necessary to conduct a screening under this
14 section.
15 (b) For level 1 screening, the employer must submit
16 the information necessary for screening to the Florida
17 Department of Law Enforcement within 5 working days after
18 receiving it. The Florida Department of Law Enforcement will
19 conduct a search of its records and will respond to the
20 employer agency. The employer will inform the employee whether
21 screening has revealed any disqualifying information.
22 (c) For level 2 screening, the employer or licensing
23 agency must submit the information necessary for screening to
24 the Florida Department of Law Enforcement within 5 working
25 days after receiving it. The Florida Department of Law
26 Enforcement will conduct a search of its criminal and juvenile
27 records and will request that the Federal Bureau of
28 Investigation conduct a search of its records for each
29 employee for whom the request is made. The Florida Department
30 of Law Enforcement will respond to the employer or licensing
31 agency, and the employer or licensing agency will inform the
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1 employee whether screening has revealed disqualifying
2 information.
3 (d) The person whose background is being checked must
4 supply any missing criminal or other necessary information to
5 the employer within 30 days after the employer makes a request
6 for the information or be subject to automatic
7 disqualification.
8 (3) Each employer required to conduct level 2
9 background screening must sign an affidavit annually, under
10 penalty of perjury, stating that all covered employees have
11 been screened or are newly hired and are awaiting the results
12 of the required screening checks.
13 Section 20. For the purpose of incorporating the
14 amendment to sections 435.03 and 435.04, Florida Statutes, in
15 references thereto, section 744.3135, Florida Statutes, as
16 amended by chapter 2003-402, Laws of Florida, is reenacted to
17 read:
18 744.3135 Credit and criminal investigation.--The court
19 may require a nonprofessional guardian and shall require a
20 professional or public guardian, and all employees of a
21 professional guardian who have a fiduciary responsibility to a
22 ward, to submit, at their own expense, to an investigation of
23 the guardian's credit history and to undergo level 2
24 background screening as required under s. 435.04. The clerk of
25 the court shall obtain fingerprint cards from the Federal
26 Bureau of Investigation and make them available to guardians.
27 Any guardian who is so required shall have his or her
28 fingerprints taken and forward the proper fingerprint card
29 along with the necessary fee to the Florida Department of Law
30 Enforcement for processing. The professional guardian shall
31 pay to the clerk of the court a fee of up to $7.50 for
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1 handling and processing professional guardian files. The
2 results of the fingerprint checks shall be forwarded to the
3 clerk of court who shall maintain the results in a guardian
4 file and shall make the results available to the court. If
5 credit or criminal investigations are required, the court must
6 consider the results of the investigations in appointing a
7 guardian. Professional guardians and all employees of a
8 professional guardian who have a fiduciary responsibility to a
9 ward, so appointed, must resubmit, at their own expense, to an
10 investigation of credit history, and undergo level 1
11 background screening as required under s. 435.03, at least
12 every 2 years after the date of their appointment. At any
13 time, the court may require guardians or their employees to
14 submit to an investigation of credit history and undergo level
15 1 background screening as required under s. 435.03. The court
16 must consider the results of these investigations in
17 reappointing a guardian. This section shall not apply to a
18 professional guardian, or to the employees of a professional
19 guardian, that is a trust company, a state banking corporation
20 or state savings association authorized and qualified to
21 exercise fiduciary powers in this state, or a national banking
22 association or federal savings and loan association authorized
23 and qualified to exercise fiduciary powers in this state
24 Section 21. For the purpose of incorporating the
25 amendment to sections 435.03 and 435.04, Florida Statutes, in
26 references thereto, subsection (2) of section 985.04, Florida
27 Statutes, is reenacted to read:
28 985.04 Oaths; records; confidential information.--
29 (2) Records maintained by the Department of Juvenile
30 Justice, including copies of records maintained by the court,
31 which pertain to a child found to have committed a delinquent
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1 act which, if committed by an adult, would be a crime
2 specified in ss. 435.03 and 435.04 may not be destroyed
3 pursuant to this section for a period of 25 years after the
4 youth's final referral to the department, except in cases of
5 the death of the child. Such records, however, shall be sealed
6 by the court for use only in meeting the screening
7 requirements for personnel in s. 402.3055 and the other
8 sections cited above, or pursuant to departmental rule;
9 however, current criminal history information must be obtained
10 from the Department of Law Enforcement in accordance with s.
11 943.053. The information shall be released to those persons
12 specified in the above cited sections for the purposes of
13 complying with those sections. The court may punish by
14 contempt any person who releases or uses the records for any
15 unauthorized purpose.
16 Section 22. For the purpose of incorporating the
17 amendment to section 435.03, Florida Statutes, in references
18 thereto, section 400.512, Florida Statutes, is reenacted to
19 read:
20 400.512 Screening of home health agency personnel;
21 nurse registry personnel; and companions and homemakers.--The
22 agency shall require employment or contractor screening as
23 provided in chapter 435, using the level 1 standards for
24 screening set forth in that chapter, for home health agency
25 personnel; persons referred for employment by nurse
26 registries; and persons employed by companion or homemaker
27 services registered under s. 400.509.
28 (1)(a) The Agency for Health Care Administration may,
29 upon request, grant exemptions from disqualification from
30 employment or contracting under this section as provided in s.
31 435.07, except for health care practitioners licensed by the
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1 Department of Health or a regulatory board within that
2 department.
3 (b) The appropriate regulatory board within the
4 Department of Health, or that department itself when there is
5 no board, may, upon request of the licensed health care
6 practitioner, grant exemptions from disqualification from
7 employment or contracting under this section as provided in s.
8 435.07.
9 (2) The administrator of each home health agency, the
10 managing employee of each nurse registry, and the managing
11 employee of each companion or homemaker service registered
12 under s. 400.509 must sign an affidavit annually, under
13 penalty of perjury, stating that all personnel hired,
14 contracted with, or registered on or after October 1, 1994,
15 who enter the home of a patient or client in their service
16 capacity have been screened and that its remaining personnel
17 have worked for the home health agency or registrant
18 continuously since before October 1, 1994.
19 (3) As a prerequisite to operating as a home health
20 agency, nurse registry, or companion or homemaker service
21 under s. 400.509, the administrator or managing employee,
22 respectively, must submit to the agency his or her name and
23 any other information necessary to conduct a complete
24 screening according to this section. The agency shall submit
25 the information to the Department of Law Enforcement for state
26 processing. The agency shall review the record of the
27 administrator or manager with respect to the offenses
28 specified in this section and shall notify the owner of its
29 findings. If disposition information is missing on a criminal
30 record, the administrator or manager, upon request of the
31 agency, must obtain and supply within 30 days the missing
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1 disposition information to the agency. Failure to supply
2 missing information within 30 days or to show reasonable
3 efforts to obtain such information will result in automatic
4 disqualification.
5 (4) Proof of compliance with the screening
6 requirements of chapter 435 shall be accepted in lieu of the
7 requirements of this section if the person has been
8 continuously employed or registered without a breach in
9 service that exceeds 180 days, the proof of compliance is not
10 more than 2 years old, and the person has been screened by the
11 Department of Law Enforcement. A home health agency, nurse
12 registry, or companion or homemaker service registered under
13 s. 400.509 shall directly provide proof of compliance to
14 another home health agency, nurse registry, or companion or
15 homemaker service registered under s. 400.509. The recipient
16 home health agency, nurse registry, or companion or homemaker
17 service registered under s. 400.509 may not accept any proof
18 of compliance directly from the person who requires screening.
19 Proof of compliance with the screening requirements of this
20 section shall be provided upon request to the person screened
21 by the home health agencies; nurse registries; or companion or
22 homemaker services registered under s. 400.509.
23 (5) There is no monetary liability on the part of, and
24 no cause of action for damages arises against, a licensed home
25 health agency, licensed nurse registry, or companion or
26 homemaker service registered under s. 400.509, that, upon
27 notice that the employee or contractor has been found guilty
28 of, regardless of adjudication, or entered a plea of nolo
29 contendere or guilty to, any offense prohibited under s.
30 435.03 or under any similar statute of another jurisdiction,
31 terminates the employee or contractor, whether or not the
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1 employee or contractor has filed for an exemption with the
2 agency in accordance with chapter 435 and whether or not the
3 time for filing has expired.
4 (6) The costs of processing the statewide
5 correspondence criminal records checks must be borne by the
6 home health agency; the nurse registry; or the companion or
7 homemaker service registered under s. 400.509, or by the
8 person being screened, at the discretion of the home health
9 agency, nurse registry, or s. 400.509 registrant.
10 (7)(a) It is a misdemeanor of the first degree,
11 punishable under s. 775.082 or s. 775.083, for any person
12 willfully, knowingly, or intentionally to:
13 1. Fail, by false statement, misrepresentation,
14 impersonation, or other fraudulent means, to disclose in any
15 application for voluntary or paid employment a material fact
16 used in making a determination as to such person's
17 qualifications to be an employee under this section;
18 2. Operate or attempt to operate an entity licensed or
19 registered under this part with persons who do not meet the
20 minimum standards for good moral character as contained in
21 this section; or
22 3. Use information from the criminal records obtained
23 under this section for any purpose other than screening that
24 person for employment as specified in this section or release
25 such information to any other person for any purpose other
26 than screening for employment under this section.
27 (b) It is a felony of the third degree, punishable
28 under s. 775.082, s. 775.083, or s. 775.084, for any person
29 willfully, knowingly, or intentionally to use information from
30 the juvenile records of a person obtained under this section
31
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1 for any purpose other than screening for employment under this
2 section.
3 Section 23. For the purpose of incorporating the
4 amendment to section 435.03, Florida Statutes, in references
5 thereto, subsection (4) of section 400.619, Florida Statutes,
6 is reenacted to read:
7 400.619 Licensure application and renewal.--
8 (4) Upon receipt of a completed license application or
9 license renewal, and the fee, the agency shall initiate a
10 level 1 background screening as provided under chapter 435 on
11 the adult family-care home provider, the designated relief
12 person, all adult household members, and all staff members.
13 The agency shall conduct an onsite visit to the home that is
14 to be licensed.
15 (a) Proof of compliance with level 1 screening
16 standards which has been submitted within the previous 5 years
17 to meet any facility or professional licensure requirements of
18 the agency or the Department of Health satisfies the
19 requirements of this subsection. Such proof must be
20 accompanied, under penalty of perjury, by a copy of the
21 person's current professional license and an affidavit of
22 current compliance with the background screening requirements.
23 (b) The person required to be screened must have been
24 continuously employed in the same type of occupation for which
25 the person is seeking employment without a breach in service
26 that exceeds 180 days, and proof of compliance with the level
27 1 screening requirement which is no more than 2 years old must
28 be provided. Proof of compliance shall be provided directly
29 from one employer or contractor to another, and not from the
30 person screened. Upon request, a copy of screening results
31
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1 shall be provided to the person screened by the employer
2 retaining documentation of the screening.
3 Section 24. For the purpose of incorporating the
4 amendment to section 435.03, Florida Statutes, in references
5 thereto, subsection (1) of section 400.6194, Florida Statutes,
6 is reenacted to read:
7 400.6194 Denial, revocation, or suspension of a
8 license.--The agency may deny, suspend, or revoke a license
9 for any of the following reasons:
10 (1) Failure of any of the persons required to undergo
11 background screening under s. 400.619 to meet the level 1
12 screening standards of s. 435.03, unless an exemption from
13 disqualification has been provided by the agency.
14 Section 25. For the purpose of incorporating the
15 amendment to section 435.03, Florida Statutes, in references
16 thereto, section 400.953, Florida Statutes, is reenacted to
17 read:
18 400.953 Background screening of home medical equipment
19 provider personnel.--The agency shall require employment
20 screening as provided in chapter 435, using the level 1
21 standards for screening set forth in that chapter, for home
22 medical equipment provider personnel.
23 (1) The agency may grant exemptions from
24 disqualification from employment under this section as
25 provided in s. 435.07.
26 (2) The general manager of each home medical equipment
27 provider must sign an affidavit annually, under penalty of
28 perjury, stating that all home medical equipment provider
29 personnel hired on or after July 1, 1999, who enter the home
30 of a patient in the capacity of their employment have been
31 screened and that its remaining personnel have worked for the
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1 home medical equipment provider continuously since before July
2 1, 1999.
3 (3) Proof of compliance with the screening
4 requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.
5 397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.
6 985.407 or this part must be accepted in lieu of the
7 requirements of this section if the person has been
8 continuously employed in the same type of occupation for which
9 he or she is seeking employment without a breach in service
10 that exceeds 180 days, the proof of compliance is not more
11 than 2 years old, and the person has been screened by the
12 Department of Law Enforcement. An employer or contractor shall
13 directly provide proof of compliance to another employer or
14 contractor, and a potential employer or contractor may not
15 accept any proof of compliance directly from the person
16 requiring screening. Proof of compliance with the screening
17 requirements of this section shall be provided, upon request,
18 to the person screened by the home medical equipment provider.
19 (4) There is no monetary liability on the part of, and
20 no cause of action for damages arising against, a licensed
21 home medical equipment provider that, upon notice that an
22 employee has been found guilty of, regardless of adjudication,
23 or entered a plea of nolo contendere or guilty to, any offense
24 prohibited under s. 435.03 or under any similar statute of
25 another jurisdiction, terminates the employee, whether or not
26 the employee has filed for an exemption with the agency and
27 whether or not the time for filing has expired.
28 (5) The costs of processing the statewide
29 correspondence criminal records checks must be borne by the
30 home medical equipment provider or by the person being
31
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1 screened, at the discretion of the home medical equipment
2 provider.
3 (6) Neither the agency nor the home medical equipment
4 provider may use the criminal records or juvenile records of a
5 person for any purpose other than determining whether that
6 person meets minimum standards of good moral character for
7 home medical equipment provider personnel.
8 (7)(a) It is a misdemeanor of the first degree,
9 punishable as provided in s. 775.082 or s. 775.083, for any
10 person willfully, knowingly, or intentionally to:
11 1. Fail, by false statement, misrepresentation,
12 impersonation, or other fraudulent means, to disclose in any
13 application for paid employment a material fact used in making
14 a determination as to the person's qualifications to be an
15 employee under this section;
16 2. Operate or attempt to operate an entity licensed
17 under this part with persons who do not meet the minimum
18 standards for good moral character as contained in this
19 section; or
20 3. Use information from the criminal records obtained
21 under this section for any purpose other than screening that
22 person for employment as specified in this section, or release
23 such information to any other person for any purpose other
24 than screening for employment under this section.
25 (b) It is a felony of the third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084, for any
27 person willfully, knowingly, or intentionally to use
28 information from the juvenile records of a person obtained
29 under this section for any purpose other than screening for
30 employment under this section.
31
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1 Section 26. For the purpose of incorporating the
2 amendment to section 435.03, Florida Statutes, in references
3 thereto, subsection (32) of section 409.912, Florida Statutes,
4 is reenacted to read:
5 409.912 Cost-effective purchasing of health care.--The
6 agency shall purchase goods and services for Medicaid
7 recipients in the most cost-effective manner consistent with
8 the delivery of quality medical care. The agency shall
9 maximize the use of prepaid per capita and prepaid aggregate
10 fixed-sum basis services when appropriate and other
11 alternative service delivery and reimbursement methodologies,
12 including competitive bidding pursuant to s. 287.057, designed
13 to facilitate the cost-effective purchase of a case-managed
14 continuum of care. The agency shall also require providers to
15 minimize the exposure of recipients to the need for acute
16 inpatient, custodial, and other institutional care and the
17 inappropriate or unnecessary use of high-cost services. The
18 agency may establish prior authorization requirements for
19 certain populations of Medicaid beneficiaries, certain drug
20 classes, or particular drugs to prevent fraud, abuse, overuse,
21 and possible dangerous drug interactions. The Pharmaceutical
22 and Therapeutics Committee shall make recommendations to the
23 agency on drugs for which prior authorization is required. The
24 agency shall inform the Pharmaceutical and Therapeutics
25 Committee of its decisions regarding drugs subject to prior
26 authorization.
27 (32) 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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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.
6 Section 27. For the purpose of incorporating the
7 amendment to section 435.03, Florida Statutes, in references
8 thereto, subsection (4) of section 435.07, Florida Statutes,
9 is reenacted to read:
10 435.07 Exemptions from disqualification.--Unless
11 otherwise provided by law, the provisions of this section
12 shall apply to exemptions from disqualification.
13 (4) Disqualification from employment under subsection
14 (1) may not be removed from, nor may an exemption be granted
15 to, any personnel who is found guilty of, regardless of
16 adjudication, or who has entered a plea of nolo contendere or
17 guilty to, any felony covered by s. 435.03 solely by reason of
18 any pardon, executive clemency, or restoration of civil
19 rights.
20 Section 28. For the purpose of incorporating the
21 amendment to section 435.03, Florida Statutes, in references
22 thereto, paragraph (e) of subsection (1) of section 464.018,
23 Florida Statutes, is reenacted to read:
24 464.018 Disciplinary actions.--
25 (1) The following acts constitute grounds for denial
26 of a license or disciplinary action, as specified in s.
27 456.072(2):
28 (e) Having been found guilty of, regardless of
29 adjudication, or entered a plea of nolo contendere or guilty
30 to, any offense prohibited under s. 435.03 or under any
31 similar statute of another jurisdiction; or having committed
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1 an act which constitutes domestic violence as defined in s.
2 741.28.
3 Section 29. For the purpose of incorporating the
4 amendment to section 435.03, Florida Statutes, in references
5 thereto, subsection (3) of section 744.309, Florida Statutes,
6 is reenacted to read:
7 744.309 Who may be appointed guardian of a resident
8 ward.--
9 (3) DISQUALIFIED PERSONS.--No person who has been
10 convicted of a felony or who, from any incapacity or illness,
11 is incapable of discharging the duties of a guardian, or who
12 is otherwise unsuitable to perform the duties of a guardian,
13 shall be appointed to act as guardian. Further, no person who
14 has been judicially determined to have committed abuse,
15 abandonment, or neglect against a child as defined in s. 39.01
16 or s. 984.03(1), (2), and (37), or who has been found guilty
17 of, regardless of adjudication, or entered a plea of nolo
18 contendere or guilty to, any offense prohibited under s.
19 435.03 or under any similar statute of another jurisdiction,
20 shall be appointed to act as a guardian. Except as provided in
21 subsection (5) or subsection (6), a person who provides
22 substantial services to the proposed ward in a professional or
23 business capacity, or a creditor of the proposed ward, may not
24 be appointed guardian and retain that previous professional or
25 business relationship. A person may not be appointed a
26 guardian if he or she is in the employ of any person, agency,
27 government, or corporation that provides service to the
28 proposed ward in a professional or business capacity, except
29 that a person so employed may be appointed if he or she is the
30 spouse, adult child, parent, or sibling of the proposed ward
31 or the court determines that the potential conflict of
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1 interest is insubstantial and that the appointment would
2 clearly be in the proposed ward's best interest. The court may
3 not appoint a guardian in any other circumstance in which a
4 conflict of interest may occur.
5 Section 30. For the purpose of incorporating the
6 amendment to section 435.03, Florida Statutes, in references
7 thereto, subsection (12) of section 744.474, Florida Statutes,
8 is reenacted to read:
9 744.474 Reasons for removal of guardian.--A guardian
10 may be removed for any of the following reasons, and the
11 removal shall be in addition to any other penalties prescribed
12 by law:
13 (12) Having been found guilty of, regardless of
14 adjudication, or entered a plea of nolo contendere or guilty
15 to, any offense prohibited under s. 435.03 or under any
16 similar statute of another jurisdiction.
17 Section 31. For the purpose of incorporating the
18 amendment to section 435.03, Florida Statutes, in references
19 thereto, subsection (4) of section 985.407, Florida Statutes,
20 is reenacted to read:
21 985.407 Departmental contracting powers; personnel
22 standards and screening.--
23 (4) The department shall require employment screening
24 pursuant to chapter 435, using the level 1 standards for
25 screening set forth in that chapter, for personnel in
26 delinquency facilities, services, and programs.
27 Section 32. For the purpose of incorporating the
28 amendment to section 435.04, Florida Statutes, in references
29 thereto, paragraph (b) of subsection (2) of section 39.001,
30 Florida Statutes, is reenacted to read:
31
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1 39.001 Purposes and intent; personnel standards and
2 screening.--
3 (2) DEPARTMENT CONTRACTS.--The department may contract
4 with the Federal Government, other state departments and
5 agencies, county and municipal governments and agencies,
6 public and private agencies, and private individuals and
7 corporations in carrying out the purposes of, and the
8 responsibilities established in, this chapter.
9 (b) The department shall require employment screening,
10 and rescreening no less frequently than once every 5 years,
11 pursuant to chapter 435, using the level 2 standards set forth
12 in that chapter for personnel in programs for children or
13 youths.
14 Section 33. For the purpose of incorporating the
15 amendment to section 435.04, Florida Statutes, in references
16 thereto, subsection (1) of section 39.821, Florida Statutes,
17 is reenacted to read:
18 39.821 Qualifications of guardians ad litem.--
19 (1) Because of the special trust or responsibility
20 placed in a guardian ad litem, the Guardian Ad Litem Program
21 may use any private funds collected by the program, or any
22 state funds so designated, to conduct a security background
23 investigation before certifying a volunteer to serve. A
24 security background investigation must include, but need not
25 be limited to, employment history checks, checks of
26 references, local criminal records checks through local law
27 enforcement agencies, and statewide criminal records checks
28 through the Department of Law Enforcement. Upon request, an
29 employer shall furnish a copy of the personnel record for the
30 employee or former employee who is the subject of a security
31 background investigation conducted under this section. The
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1 information contained in the personnel record may include, but
2 need not be limited to, disciplinary matters and the reason
3 why the employee was terminated from employment. An employer
4 who releases a personnel record for purposes of a security
5 background investigation is presumed to have acted in good
6 faith and is not liable for information contained in the
7 record without a showing that the employer maliciously
8 falsified the record. A security background investigation
9 conducted under this section must ensure that a person is not
10 certified as a guardian ad litem if the person has been
11 convicted of, regardless of adjudication, or entered a plea of
12 nolo contendere or guilty to, any offense prohibited under the
13 provisions of the Florida Statutes specified in s. 435.04(2)
14 or under any similar law in another jurisdiction. Before
15 certifying an applicant to serve as a guardian ad litem, the
16 chief judge of the circuit court may request a federal
17 criminal records check of the applicant through the Federal
18 Bureau of Investigation. In analyzing and evaluating the
19 information obtained in the security background investigation,
20 the program must give particular emphasis to past activities
21 involving children, including, but not limited to,
22 child-related criminal offenses or child abuse. The program
23 has the sole discretion in determining whether to certify a
24 person based on his or her security background investigation.
25 The information collected pursuant to the security background
26 investigation is confidential and exempt from s. 119.07(1).
27 Section 34. For the purpose of incorporating the
28 amendment to section 435.04, Florida Statutes, in references
29 thereto, paragraphs (a) and (c) of subsection (3) of section
30 110.1127, Florida Statutes, are reenacted to read:
31 110.1127 Employee security checks.--
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1 (3)(a) All positions in programs providing care to
2 children, the developmentally disabled, or vulnerable adults
3 for 15 hours or more per week; all permanent and temporary
4 employee positions of the central abuse hotline; and all
5 persons working under contract who have access to abuse
6 records are deemed to be persons and positions of special
7 trust or responsibility, and require employment screening
8 pursuant to chapter 435, using the level 2 standards set forth
9 in that chapter.
10 (c) All persons and employees in such positions of
11 trust or responsibility shall be required to undergo security
12 background investigations as a condition of employment and
13 continued employment. For the purposes of this subsection,
14 security background investigations shall be conducted as
15 provided in chapter 435, using the level 2 standards for
16 screening set forth in that chapter.
17 Section 35. For the purpose of incorporating the
18 amendment to section 435.04, Florida Statutes, in references
19 thereto, paragraph (a) of subsection (12) of section 112.0455,
20 Florida Statutes, is reenacted to read:
21 112.0455 Drug-Free Workplace Act.--
22 (12) DRUG-TESTING STANDARDS; LABORATORIES.--
23 (a) A laboratory may analyze initial or confirmation
24 drug specimens only if:
25 1. The laboratory is licensed and approved by the
26 Agency for Health Care Administration using criteria
27 established by the United States Department of Health and
28 Human Services as general guidelines for modeling the state
29 drug testing program. Each applicant for licensure must comply
30 with the following requirements:
31
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1 a. Upon receipt of a completed, signed, and dated
2 application, the agency shall require background screening, in
3 accordance with the level 2 standards for screening set forth
4 in chapter 435, of the managing employee, or other similarly
5 titled individual responsible for the daily operation of the
6 laboratory, and of the financial officer, or other similarly
7 titled individual who is responsible for the financial
8 operation of the laboratory, including billings for services.
9 The applicant must comply with the procedures for level 2
10 background screening as set forth in chapter 435, as well as
11 the requirements of s. 435.03(3).
12 b. The agency may require background screening of any
13 other individual who is an applicant if the agency has
14 probable cause to believe that he or she has been convicted of
15 an offense prohibited under the level 2 standards for
16 screening set forth in chapter 435.
17 c. Proof of compliance with the level 2 background
18 screening requirements of chapter 435 which has been submitted
19 within the previous 5 years in compliance with any other
20 health care licensure requirements of this state is acceptable
21 in fulfillment of screening requirements.
22 d. A provisional license may be granted to an
23 applicant when each individual required by this section to
24 undergo background screening has met the standards for the
25 Department of Law Enforcement background check, but the agency
26 has not yet received background screening results from the
27 Federal Bureau of Investigation, or a request for a
28 disqualification exemption has been submitted to the agency as
29 set forth in chapter 435, but a response has not yet been
30 issued. A license may be granted to the applicant upon the
31 agency's receipt of a report of the results of the Federal
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1 Bureau of Investigation background screening for each
2 individual required by this section to undergo background
3 screening which confirms that all standards have been met, or
4 upon the granting of a disqualification exemption by the
5 agency as set forth in chapter 435. Any other person who is
6 required to undergo level 2 background screening may serve in
7 his or her capacity pending the agency's receipt of the report
8 from the Federal Bureau of Investigation. However, the person
9 may not continue to serve if the report indicates any
10 violation of background screening standards and a
11 disqualification exemption has not been requested of and
12 granted by the agency as set forth 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 control
18 interests under the Medicaid or Medicare programs shall 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 by a
23 member of the board of directors of the applicant, its
24 officers, or any individual owning 5 percent or more of the
25 applicant. This requirement does not apply to a director of a
26 not-for-profit corporation or organization if the director
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 or organization's board of directors, and has no
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1 financial interest and has no family members with a financial
2 interest in the corporation or organization, provided that the
3 director and the not-for-profit corporation or organization
4 include in the application a statement affirming that the
5 director's relationship to the corporation satisfies the
6 requirements of this sub-subparagraph.
7 g. A license may not be granted to any applicant if
8 the applicant or managing employee has been found guilty of,
9 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 agency may deny or revoke licensure if the
15 applicant:
16 (I) Has falsely represented a material fact in the
17 application required by sub-subparagraph e. or
18 sub-subparagraph f., or has omitted any material fact from the
19 application required by sub-subparagraph e. or
20 sub-subparagraph f.; or
21 (II) Has had prior action taken against the applicant
22 under the Medicaid or Medicare program as set forth in
23 sub-subparagraph e.
24 i. An application for license renewal must contain the
25 information required under sub-subparagraphs e. and f.
26 2. The laboratory has written procedures to ensure
27 chain of custody.
28 3. The laboratory follows proper quality control
29 procedures, including, but not limited to:
30 a. The use of internal quality controls including the
31 use of samples of known concentrations which are used to check
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1 the performance and calibration of testing equipment, and
2 periodic use of blind samples for overall accuracy.
3 b. An internal review and certification process for
4 drug test results, conducted by a person qualified to perform
5 that function in the testing laboratory.
6 c. Security measures implemented by the testing
7 laboratory to preclude adulteration of specimens and drug test
8 results.
9 d. Other necessary and proper actions taken to ensure
10 reliable and accurate drug test results.
11 Section 36. For the purpose of incorporating the
12 amendment to section 435.04, Florida Statutes, in references
13 thereto, subsections (1), (2), and (4) of section 381.0059,
14 Florida Statutes, are reenacted to read:
15 381.0059 Background screening requirements for school
16 health services personnel.--
17 (1) Pursuant to the provisions of chapter 435, any
18 person who provides services under a school health services
19 plan pursuant to s. 381.0056 must meet level 2 screening
20 requirements as described in s. 435.04. A person may satisfy
21 the requirements of this subsection by submitting proof of
22 compliance with the requirements of level 2 screening
23 conducted within 12 months before the date that person
24 initially provides services under a school health services
25 plan.
26 (2) A person may provide services under a school
27 health services plan pursuant to s. 381.0056 prior to the
28 completion of level 2 screening. However, pending the results
29 of the screening, such person may not be alone with a minor.
30 (4) Under penalty of perjury, each person who provides
31 services under a school health plan pursuant to s. 381.0056
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1 must attest to meeting the level 2 screening requirements for
2 participation under the plan and agree to inform his or her
3 employer immediately if convicted of any disqualifying offense
4 while providing services under a plan.
5 Section 37. For the purpose of incorporating the
6 amendment to section 435.04, Florida Statutes, in references
7 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
8 subsection (1) of section 381.60225, Florida Statutes, are
9 reenacted to read:
10 381.60225 Background screening.--
11 (1) Each applicant for certification must comply with
12 the following requirements:
13 (a) Upon receipt of a completed, signed, and dated
14 application, the Agency for Health Care Administration shall
15 require background screening, in accordance with the level 2
16 standards for screening set forth in chapter 435, of the
17 managing employee, or other similarly titled individual
18 responsible for the daily operation of the organization,
19 agency, or entity, and financial officer, or other similarly
20 titled individual who is responsible for the financial
21 operation of the organization, agency, or entity, including
22 billings for services. The applicant must comply with the
23 procedures for level 2 background screening as set forth in
24 chapter 435, as well as the requirements of s. 435.03(3).
25 (b) The Agency for Health Care Administration may
26 require background screening of any other individual who is an
27 applicant if the Agency for Health Care Administration has
28 probable cause to believe that he or she has been convicted of
29 a crime or has committed any other offense prohibited under
30 the level 2 standards for screening set forth in chapter 435.
31
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1 (c) Proof of compliance with the level 2 background
2 screening requirements of chapter 435 which has been submitted
3 within the previous 5 years in compliance with any other
4 health care licensure requirements of this state is acceptable
5 in fulfillment of the requirements of paragraph (a).
6 (d) A provisional certification may be granted to the
7 organization, agency, or entity when each individual required
8 by this section to undergo background screening has met the
9 standards for the Department of Law Enforcement background
10 check, but the agency has not yet received background
11 screening results from the Federal Bureau of Investigation, or
12 a request for a disqualification exemption has been submitted
13 to the agency as set forth in chapter 435, but a response has
14 not yet been issued. A standard certification may be granted
15 to the organization, agency, or entity upon the agency's
16 receipt of a report of the results of the Federal Bureau of
17 Investigation background screening for each individual
18 required by this section to undergo background screening which
19 confirms that all standards have been met, or upon the
20 granting of a disqualification exemption by the agency as set
21 forth in chapter 435. Any other person who is required to
22 undergo level 2 background screening may serve in his or her
23 capacity pending the agency's receipt of the report from the
24 Federal Bureau of Investigation. However, the person may not
25 continue to serve if the report indicates any violation of
26 background screening standards and a disqualification
27 exemption has not been requested of and granted by the agency
28 as set forth in chapter 435.
29 (f) Each applicant must submit to the agency a
30 description and explanation of any conviction of an offense
31 prohibited under the level 2 standards of chapter 435 by a
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1 member of the board of directors of the applicant, its
2 officers, or any individual owning 5 percent or more of the
3 applicant. This requirement does not apply to a director of a
4 not-for-profit corporation or organization if the director
5 serves solely in a voluntary capacity for the corporation or
6 organization, does not regularly take part in the day-to-day
7 operational decisions of the corporation or organization,
8 receives no remuneration for his or her services on the
9 corporation or organization's board of directors, and has no
10 financial interest and has no family members with a financial
11 interest in the corporation or organization, provided that the
12 director and the not-for-profit corporation or organization
13 include in the application a statement affirming that the
14 director's relationship to the corporation satisfies the
15 requirements of this paragraph.
16 (g) The agency may not certify any organization,
17 agency, or entity if any applicant or managing employee has
18 been found guilty of, regardless of adjudication, or has
19 entered a plea of nolo contendere or guilty to, any offense
20 prohibited under the level 2 standards for screening set forth
21 in chapter 435, unless an exemption from disqualification has
22 been granted by the agency as set forth in chapter 435.
23 Section 38. For the purpose of incorporating the
24 amendment to section 435.04, Florida Statutes, in references
25 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
26 subsection (7) of section 383.305, Florida Statutes, are
27 reenacted to read:
28 383.305 Licensure; issuance, renewal, denial,
29 suspension, revocation; fees; background screening.--
30 (7) Each applicant for licensure must comply with the
31 following requirements:
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1 (a) Upon receipt of a completed, signed, and dated
2 application, the agency shall require background screening, in
3 accordance with the level 2 standards for screening set forth
4 in chapter 435, of the managing employee, or other similarly
5 titled individual who is responsible for the daily operation
6 of the center, and of the financial officer, or other
7 similarly titled individual who is responsible for the
8 financial operation of the center, including billings for
9 patient care and services. The applicant must comply with the
10 procedures for level 2 background screening as set forth in
11 chapter 435 as well as the requirements of s. 435.03(3).
12 (b) The agency may require background screening of any
13 other individual who is an applicant if the agency has
14 probable cause to believe that he or she has been convicted of
15 a crime or has committed any other offense prohibited under
16 the level 2 standards for screening set forth in chapter 435.
17 (c) Proof of compliance with the level 2 background
18 screening requirements of chapter 435 which has been submitted
19 within the previous 5 years in compliance with any other
20 health care licensure requirements of this state is acceptable
21 in fulfillment of the requirements of paragraph (a).
22 (d) A provisional license may be granted to an
23 applicant when each individual required by this section to
24 undergo background screening has met the standards for the
25 Department of Law Enforcement background check, but the agency
26 has not yet received background screening results from the
27 Federal Bureau of Investigation, or a request for a
28 disqualification exemption has been submitted to the agency as
29 set forth in chapter 435 but a response has not yet been
30 issued. A standard license may be granted to the applicant
31 upon the agency's receipt of a report of the results of the
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1 Federal Bureau of Investigation background screening for each
2 individual required by this section to undergo background
3 screening which confirms that all standards have been met, or
4 upon the granting of a disqualification exemption by the
5 agency as set forth in chapter 435. Any other person who is
6 required to undergo level 2 background screening may serve in
7 his or her capacity pending the agency's receipt of the report
8 from the Federal Bureau of Investigation. However, the person
9 may not continue to serve if the report indicates any
10 violation of background screening standards and a
11 disqualification exemption has not been requested of and
12 granted by the agency as set forth in chapter 435.
13 (f) Each applicant must submit to the agency a
14 description and explanation of any conviction of an offense
15 prohibited under the level 2 standards of chapter 435 by a
16 member of the board of directors of the applicant, its
17 officers, or any individual owning 5 percent or more of the
18 applicant. This requirement does not apply to a director of a
19 not-for-profit corporation or organization if the director
20 serves solely in a voluntary capacity for the corporation or
21 organization, does not regularly take part in the day-to-day
22 operational decisions of the corporation or organization,
23 receives no remuneration for his or her services on the
24 corporation or organization's board of directors, and has no
25 financial interest and has no family members with a financial
26 interest in the corporation or organization, provided that the
27 director and the not-for-profit corporation or organization
28 include in the application a statement affirming that the
29 director's relationship to the corporation satisfies the
30 requirements of this paragraph.
31
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1 (g) A license may not be granted to an applicant if
2 the applicant or managing employee has been found guilty of,
3 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 Section 39. For the purpose of incorporating the
9 amendment to section 435.04, Florida Statutes, in references
10 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
11 subsection (3) of section 390.015, Florida Statutes, are
12 reenacted to read:
13 390.015 Application for license.--
14 (3) Each applicant for licensure must comply with the
15 following requirements:
16 (a) Upon receipt of a completed, signed, and dated
17 application, the agency shall require background screening, in
18 accordance with the level 2 standards for screening set forth
19 in chapter 435, of the managing employee, or other similarly
20 titled individual who is responsible for the daily operation
21 of the clinic, and financial officer, or other similarly
22 titled individual who is responsible for the financial
23 operation of the clinic, including billings for patient care
24 and services. The applicant must comply with the procedures
25 for level 2 background screening as set forth in chapter 435,
26 as well as the requirements of s. 435.03(3).
27 (b) The agency may require background screening of any
28 other individual who is an applicant if the agency has
29 probable cause to believe that he or she has been convicted of
30 a crime or has committed any other offense prohibited under
31 the level 2 standards for screening set forth in chapter 435.
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1 (c) Proof of compliance with the level 2 background
2 screening requirements of chapter 435 which has been submitted
3 within the previous 5 years in compliance with any other
4 health care licensure requirements of this state is acceptable
5 in fulfillment of the requirements of paragraph (a).
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 Department of Law Enforcement background check, but the agency
10 has not yet received background screening results from the
11 Federal Bureau of Investigation, or a request for a
12 disqualification exemption has been submitted to the agency as
13 set forth in chapter 435 but a response has not yet been
14 issued. A standard license may be granted to the applicant
15 upon the agency's receipt of a report of the results of the
16 Federal Bureau of Investigation background screening for each
17 individual required by this section to undergo background
18 screening which confirms that all standards have been met, or
19 upon the granting of a disqualification exemption by the
20 agency as set forth in chapter 435. Any other person who is
21 required to undergo level 2 background screening may serve in
22 his or her capacity pending the agency's receipt of the report
23 from the Federal Bureau of Investigation. However, the person
24 may not continue to serve if the report indicates any
25 violation of background screening standards and a
26 disqualification exemption has not been requested of and
27 granted by the agency as set forth in chapter 435.
28 (f) Each applicant must submit to the agency a
29 description and explanation of any conviction of an offense
30 prohibited under the level 2 standards of chapter 435 by a
31 member of the board of directors of the applicant, its
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1 officers, or any individual owning 5 percent or more of the
2 applicant. This requirement does not apply to a director of a
3 not-for-profit corporation or organization if the director
4 serves solely in a voluntary capacity for the corporation or
5 organization, does not regularly take part in the day-to-day
6 operational decisions of the corporation or organization,
7 receives no remuneration for his or her services on the
8 corporation or organization's board of directors, and has no
9 financial interest and has no family members with a financial
10 interest in the corporation or organization, provided that the
11 director and the not-for-profit corporation or organization
12 include in the application a statement affirming that the
13 director's relationship to the corporation satisfies the
14 requirements of this paragraph.
15 (g) A license may not be granted to an applicant if
16 the applicant or managing employee has been found guilty of,
17 regardless of adjudication, or has entered a plea of nolo
18 contendere or guilty to, any offense prohibited under the
19 level 2 standards for screening set forth in chapter 435,
20 unless an exemption from disqualification has been granted by
21 the agency as set forth in chapter 435.
22 Section 40. For the purpose of incorporating the
23 amendment to section 435.04, Florida Statutes, in references
24 thereto, subsection (1) of section 393.0655, Florida Statutes,
25 is reenacted to read:
26 393.0655 Screening of direct service providers.--
27 (1) MINIMUM STANDARDS.--The department shall require
28 employment screening pursuant to chapter 435, using the level
29 2 standards for screening set forth in that chapter, for
30 direct service providers who are unrelated to their clients.
31
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1 Section 41. For the purpose of incorporating the
2 amendment to section 435.04, Florida Statutes, in references
3 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
4 subsection (6) of section 393.067, Florida Statutes, are
5 reenacted to read:
6 393.067 Licensure of residential facilities and
7 comprehensive transitional education programs.--
8 (6) Each applicant for licensure as an intermediate
9 care facility for the developmentally disabled must comply
10 with the following requirements:
11 (a) Upon receipt of a completed, signed, and dated
12 application, the agency shall require background screening, in
13 accordance with the level 2 standards for screening set forth
14 in chapter 435, of the managing employee, or other similarly
15 titled individual who is responsible for the daily operation
16 of the facility, and of the financial officer, or other
17 similarly titled individual who is responsible for the
18 financial operation of the center, including billings for
19 resident care and services. The applicant must comply with the
20 procedures for level 2 background screening as set forth in
21 chapter 435, as well as the requirements of s. 435.03(3).
22 (b) The agency may require background screening of any
23 other individual who is an applicant if the agency has
24 probable cause to believe that he or she has been convicted of
25 a crime or has committed any other offense prohibited under
26 the level 2 standards for screening set forth in chapter 435.
27 (c) Proof of compliance with the level 2 background
28 screening requirements of chapter 435 which has been submitted
29 within the previous 5 years in compliance with any other
30 health care licensure requirements of this state is acceptable
31 in fulfillment of the requirements of paragraph (a).
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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 Department of Law Enforcement background check, but the agency
5 has not yet received background screening results from the
6 Federal Bureau of Investigation, or a request for a
7 disqualification exemption has been submitted to the agency as
8 set forth in chapter 435, but a response has not yet been
9 issued. A standard license may be granted to the applicant
10 upon the agency's receipt of a report of the results of the
11 Federal Bureau of Investigation background screening for each
12 individual required by this section to undergo background
13 screening which confirms that all standards have been met, or
14 upon the granting of a disqualification exemption by the
15 agency as set forth in chapter 435. Any other person who is
16 required to undergo level 2 background screening may serve in
17 his or her capacity pending the agency's receipt of the report
18 from the Federal Bureau of Investigation. However, the person
19 may not continue to serve if the report indicates any
20 violation of background screening standards and a
21 disqualification exemption has not been requested of and
22 granted by the agency as set forth in chapter 435.
23 (f) Each applicant must submit to the agency a
24 description and explanation of any conviction of an offense
25 prohibited under the level 2 standards of chapter 435 by a
26 member of the board of directors of the applicant, its
27 officers, or any individual owning 5 percent or more of the
28 applicant. This requirement does not apply to a director of a
29 not-for-profit corporation or organization if the director
30 serves solely in a voluntary capacity for the corporation or
31 organization, does not regularly take part in the day-to-day
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1 operational decisions of the corporation or organization,
2 receives no remuneration for his or her services on the
3 corporation or organization's board of directors, and has no
4 financial interest and has no family members with a financial
5 interest in the corporation or organization, provided that the
6 director and the not-for-profit corporation or organization
7 include in the application a statement affirming that the
8 director's relationship to the corporation satisfies the
9 requirements of this paragraph.
10 (g) A license may not be granted to an applicant if
11 the applicant or managing employee has been found guilty of,
12 regardless of adjudication, or has entered a plea of nolo
13 contendere or guilty to, any offense prohibited under the
14 level 2 standards for screening set forth in chapter 435,
15 unless an exemption from disqualification has been granted by
16 the agency as set forth in chapter 435.
17 Section 42. For the purpose of incorporating the
18 amendment to section 435.04, Florida Statutes, in references
19 thereto, paragraph (a) of subsection (1) of section 394.4572,
20 Florida Statutes, is reenacted to read:
21 394.4572 Screening of mental health personnel.--
22 (1)(a) The department and the Agency for Health Care
23 Administration shall require employment screening for mental
24 health personnel using the standards for level 2 screening set
25 forth in chapter 435. "Mental health personnel" includes all
26 program directors, professional clinicians, staff members, and
27 volunteers working in public or private mental health programs
28 and facilities who have direct contact with unmarried patients
29 under the age of 18 years.
30 Section 43. For the purpose of incorporating the
31 amendment to section 435.04, Florida Statutes, in references
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1 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
2 subsection (13) of section 394.875, Florida Statutes, are
3 reenacted to read:
4 394.875 Crisis stabilization units, residential
5 treatment facilities, and residential treatment centers for
6 children and adolescents; authorized services; license
7 required; penalties.--
8 (13) Each applicant for licensure must comply with the
9 following requirements:
10 (a) Upon receipt of a completed, signed, and dated
11 application, the agency shall require background screening, in
12 accordance with the level 2 standards for screening set forth
13 in chapter 435, of the managing employee and financial
14 officer, or other similarly titled individual who is
15 responsible for the financial operation of the facility,
16 including billings for client care and services. The applicant
17 must comply with the procedures for level 2 background
18 screening as set forth in chapter 435, as well as the
19 requirements of s. 435.03(3).
20 (b) The agency may require background screening of any
21 other individual who is an applicant if the agency has
22 probable cause to believe that he or she has been convicted of
23 a crime or has committed any other offense prohibited under
24 the level 2 standards for screening set forth in chapter 435.
25 (c) Proof of compliance with the level 2 background
26 screening requirements of chapter 435 which has been submitted
27 within the previous 5 years in compliance with any other
28 health care licensure requirements of this state is acceptable
29 in fulfillment of the requirements of paragraph (a).
30 (d) A provisional license may be granted to an
31 applicant when each individual required by this section to
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1 undergo background screening has met the standards for the
2 Department of Law Enforcement background check, but the agency
3 has not yet received background screening results from the
4 Federal Bureau of Investigation, or a request for a
5 disqualification exemption has been submitted to the agency as
6 set forth in chapter 435, but a response has not yet been
7 issued. A standard license may be granted to the applicant
8 upon the agency's receipt of a report of the results of the
9 Federal Bureau of Investigation background screening for each
10 individual required by this section to undergo background
11 screening which confirms that all standards have been met, or
12 upon the granting of a disqualification exemption by the
13 agency as set forth in chapter 435. Any other person who is
14 required to undergo level 2 background screening may serve in
15 his or her capacity pending the agency's receipt of the report
16 from the Federal Bureau of Investigation. However, the person
17 may not continue to serve if the report indicates any
18 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 (f) Each applicant must submit to the agency a
22 description and explanation of any conviction of an offense
23 prohibited under the level 2 standards of chapter 435 by a
24 member of the board of directors of the applicant, its
25 officers, or any individual owning 5 percent or more of the
26 applicant. This requirement does not apply to a director of a
27 not-for-profit corporation or organization if the director
28 serves solely in a voluntary capacity for the corporation or
29 organization, does not regularly take part in the day-to-day
30 operational decisions of the corporation or organization,
31 receives no remuneration for his or her services on the
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1 corporation or organization's board of directors, and has no
2 financial interest and has no family members with a financial
3 interest in the corporation or organization, provided that the
4 director and the not-for-profit corporation or organization
5 include in the application a statement affirming that the
6 director's relationship to the corporation satisfies the
7 requirements of this paragraph.
8 (g) A license may not be granted to an applicant if
9 the applicant or managing employee has been found guilty of,
10 regardless of adjudication, or has entered a plea of nolo
11 contendere or guilty to, any offense prohibited under the
12 level 2 standards for screening set forth in chapter 435,
13 unless an exemption from disqualification has been granted by
14 the agency as set forth in chapter 435.
15 Section 44. For the purpose of incorporating the
16 amendment to section 435.04, Florida Statutes, in references
17 thereto, subsections (1), (2), (3), (4), (6), and (8) of
18 section 395.0055, Florida Statutes, are reenacted to read:
19 395.0055 Background screening.--Each applicant for
20 licensure must comply with the following requirements:
21 (1) Upon receipt of a completed, signed, and dated
22 application, the agency shall require background screening of
23 the managing employee in accordance with the level 2 standards
24 for screening set forth in chapter 435, as well as the
25 requirements of s. 435.03(3).
26 (2) The agency may require background screening for a
27 member of the board of directors of the licensee, or an
28 officer or an individual owning 5 percent or more of the
29 licensee, if the agency has probable cause to believe that
30 such individual has been convicted of an offense prohibited
31
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1 under the level 2 standards for screening set forth in chapter
2 435.
3 (3) Proof of compliance with the level 2 background
4 screening requirements of chapter 435 which has been submitted
5 within the previous 5 years in compliance with any other
6 health care licensure requirements of this state is acceptable
7 in fulfillment of subsection (1).
8 (4) 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 Department of Law Enforcement background check, but the agency
12 has not yet received background screening results from the
13 Federal Bureau of Investigation, or a request for a
14 disqualification exemption has been submitted to the agency as
15 set forth in chapter 435 but a response has not yet been
16 issued. A standard license may be granted to the applicant
17 upon the agency's receipt of a report of the results of the
18 Federal Bureau of Investigation background screening for each
19 individual required by this section to undergo background
20 screening which confirms that all standards have been met, or
21 upon the granting of a disqualification exemption by the
22 agency as set forth in chapter 435. Any other person who is
23 required to undergo level 2 background screening may serve in
24 his or her capacity pending the agency's receipt of the report
25 from the Federal Bureau of Investigation; however, the person
26 may not continue to serve if the report indicates any
27 violation of background screening standards and a
28 disqualification exemption has not been requested of and
29 granted by the agency as set forth in chapter 435.
30 (6) Each applicant must submit to the agency a
31 description and explanation of any conviction of an offense
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1 prohibited under the level 2 standards of chapter 435 by a
2 member of the board of directors of the applicant, its
3 officers, or any individual owning 5 percent or more of the
4 applicant.
5 (8) A license may not be granted to an applicant if
6 the applicant or managing employee has been found guilty of,
7 regardless of adjudication, or has entered a plea of nolo
8 contendere or guilty to, any offense prohibited under the
9 level 2 standards for screening set forth in chapter 435,
10 unless an exemption from disqualification has been granted by
11 the agency as set forth in chapter 435.
12 Section 45. For the purpose of incorporating the
13 amendment to section 435.04, Florida Statutes, in references
14 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
15 subsection (4) of section 395.0199, Florida Statutes, are
16 reenacted to read:
17 395.0199 Private utilization review.--
18 (4) Each applicant for registration must comply with
19 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 who is responsible for the operation of the
25 entity. The applicant must comply with the procedures for
26 level 2 background screening as set forth in chapter 435, as
27 well as the requirements of s. 435.03(3).
28 (b) The agency may require background screening of any
29 other individual who is an applicant, if the agency has
30 probable cause to believe that he or she has been convicted of
31
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1 a crime or has committed any other offense prohibited under
2 the level 2 standards for screening set forth in chapter 435.
3 (c) Proof of compliance with the level 2 background
4 screening requirements of chapter 435 which has been submitted
5 within the previous 5 years in compliance with any other
6 health care licensure requirements of this state is acceptable
7 in fulfillment of the requirements of paragraph (a).
8 (d) A provisional registration 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 Department of Law Enforcement background check, but the agency
12 has not yet received background screening results from the
13 Federal Bureau of Investigation, or a request for a
14 disqualification exemption has been submitted to the agency as
15 set forth in chapter 435 but a response has not yet been
16 issued. A standard registration may be granted to the
17 applicant upon the agency's receipt of a report of the results
18 of the Federal Bureau of Investigation background screening
19 for each individual required by this section to undergo
20 background screening which confirms that all standards have
21 been met, or upon the granting of a disqualification exemption
22 by the agency as set forth in chapter 435. Any other person
23 who is required to undergo level 2 background screening may
24 serve in his or her capacity pending the agency's receipt of
25 the report from the Federal Bureau of Investigation. However,
26 the person may not continue to serve if the report indicates
27 any violation of background screening standards and a
28 disqualification exemption has not been requested of and
29 granted by the agency as set forth in chapter 435.
30 (f) Each applicant must submit to the agency a
31 description and explanation of any conviction of an offense
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1 prohibited under the level 2 standards of chapter 435 by a
2 member of the board of directors of the applicant, its
3 officers, or any individual owning 5 percent or more of the
4 applicant. This requirement does not apply to a director of a
5 not-for-profit corporation or organization if the director
6 serves solely in a voluntary capacity for the corporation or
7 organization, does not regularly take part in the day-to-day
8 operational decisions of the corporation or organization,
9 receives no remuneration for his or her services on the
10 corporation or organization's board of directors, and has no
11 financial interest and has no family members with a financial
12 interest in the corporation or organization, provided that the
13 director and the not-for-profit corporation or organization
14 include in the application a statement affirming that the
15 director's relationship to the corporation satisfies the
16 requirements of this paragraph.
17 (g) A registration may not be granted to an applicant
18 if the applicant or managing employee has been found guilty
19 of, regardless of adjudication, or has entered a plea of nolo
20 contendere or guilty to, any offense prohibited under the
21 level 2 standards for screening set forth in chapter 435,
22 unless an exemption from disqualification has been granted by
23 the agency as set forth in chapter 435.
24 Section 46. For the purpose of incorporating the
25 amendment to section 435.04, Florida Statutes, in references
26 thereto, paragraph (a) of subsection (1) of section 397.451,
27 Florida Statutes, is reenacted to read:
28 397.451 Background checks of service provider
29 personnel.--
30 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
31 EXCEPTIONS.--
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1 (a) Background checks shall apply as follows:
2 1. All owners, directors, and chief financial officers
3 of service providers are subject to level 2 background
4 screening as provided under chapter 435.
5 2. All service provider personnel who have direct
6 contact with children receiving services or with adults who
7 are developmentally disabled receiving services are subject to
8 level 2 background screening as provided under chapter 435.
9 Section 47. For the purpose of incorporating the
10 amendment to section 435.04, Florida Statutes, in references
11 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection
12 (4) of section 400.071, Florida Statutes, are reenacted to
13 read:
14 400.071 Application for license.--
15 (4) Each applicant for licensure must comply with the
16 following requirements:
17 (a) Upon receipt of a completed, signed, and dated
18 application, the agency shall require background screening of
19 the applicant, in accordance with the level 2 standards for
20 screening set forth in chapter 435. As used in this
21 subsection, the term "applicant" means the facility
22 administrator, or similarly titled individual who is
23 responsible for the day-to-day operation of the licensed
24 facility, and the facility financial officer, or similarly
25 titled individual who is responsible for the financial
26 operation of the licensed facility.
27 (b) The agency may require background screening for a
28 member of the board of directors of the licensee or an officer
29 or an individual owning 5 percent or more of the licensee if
30 the agency has probable cause to believe that such individual
31
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1 has been convicted of an offense prohibited under the level 2
2 standards for screening set forth in chapter 435.
3 (c) Proof of compliance with the level 2 background
4 screening requirements of chapter 435 which has been submitted
5 within the previous 5 years in compliance with any other
6 health care or assisted living licensure requirements of this
7 state is acceptable in fulfillment of paragraph (a). Proof of
8 compliance with background screening which has been submitted
9 within the previous 5 years to fulfill the requirements of the
10 Financial Services Commission and the Office of Insurance
11 Regulation pursuant to chapter 651 as part of an application
12 for a certificate of authority to operate a continuing care
13 retirement community is acceptable in fulfillment of the
14 Department of Law Enforcement and Federal Bureau of
15 Investigation background check.
16 (d) A provisional license may be granted to an
17 applicant when each individual required by this section to
18 undergo background screening has met the standards for the
19 Department of Law Enforcement background check, but the agency
20 has not yet received background screening results from the
21 Federal Bureau of Investigation, or a request for a
22 disqualification exemption has been submitted to the agency as
23 set forth in chapter 435, but a response has not yet been
24 issued. A license may be granted to the applicant upon the
25 agency's receipt of a report of the results of the Federal
26 Bureau of Investigation background screening for each
27 individual required by this section to undergo background
28 screening which confirms that all standards have been met, or
29 upon the granting of a disqualification exemption by the
30 agency as set forth in chapter 435. Any other person who is
31 required to undergo level 2 background screening may serve in
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1 his or her capacity pending the agency's receipt of the report
2 from the Federal Bureau of Investigation; however, the person
3 may not continue to serve if the report indicates any
4 violation of background screening standards and a
5 disqualification exemption has not been requested of and
6 granted by the agency as set forth in chapter 435.
7 (f) Each applicant must submit to the agency a
8 description and explanation of any conviction of an offense
9 prohibited under the level 2 standards of chapter 435 by a
10 member of the board of directors of the applicant, its
11 officers, or any individual owning 5 percent or more of the
12 applicant. This requirement shall not apply to a director of a
13 not-for-profit corporation or organization if the director
14 serves solely in a voluntary capacity for the corporation or
15 organization, does not regularly take part in the day-to-day
16 operational decisions of the corporation or organization,
17 receives no remuneration for his or her services on the
18 corporation or organization's board of directors, and has no
19 financial interest and has no family members with a financial
20 interest in the corporation or organization, provided that the
21 director and the not-for-profit corporation or organization
22 include in the application a statement affirming that the
23 director's relationship to the corporation satisfies the
24 requirements of this paragraph.
25 Section 48. For the purpose of incorporating the
26 amendment to section 435.04, Florida Statutes, in references
27 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
28 subsection (4) of section 400.471, Florida Statutes, are
29 reenacted to read:
30 400.471 Application for license; fee; provisional
31 license; temporary permit.--
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1 (4) Each applicant for licensure must comply with the
2 following requirements:
3 (a) Upon receipt of a completed, signed, and dated
4 application, the agency shall require background screening of
5 the applicant, in accordance with the level 2 standards for
6 screening set forth in chapter 435. As used in this
7 subsection, the term "applicant" means the administrator, or a
8 similarly titled person who is responsible for the day-to-day
9 operation of the licensed home health agency, and the
10 financial officer, or similarly titled individual who is
11 responsible for the financial operation of the licensed home
12 health agency.
13 (b) The agency may require background screening for a
14 member of the board of directors of the licensee or an officer
15 or an individual owning 5 percent or more of the licensee if
16 the agency reasonably suspects that such individual has been
17 convicted of an offense prohibited under the level 2 standards
18 for screening set forth 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). Proof of
24 compliance with background screening which has been submitted
25 within the previous 5 years to fulfill the requirements of the
26 Financial Services Commission and the Office of Insurance
27 Regulation pursuant to chapter 651 as part of an application
28 for a certificate of authority to operate a continuing care
29 retirement community is acceptable in fulfillment of the
30 Department of Law Enforcement and Federal Bureau of
31 Investigation background check.
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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 Department of Law Enforcement background check, but the agency
5 has not yet received background screening results from the
6 Federal Bureau of Investigation. A standard license may be
7 granted to the licensee upon the agency's receipt of a report
8 of the results of the Federal Bureau of Investigation
9 background screening for each individual required by this
10 section to undergo background screening which confirms that
11 all standards have been met, or upon the granting of a
12 disqualification exemption by the agency as set forth in
13 chapter 435. Any other person who is required to undergo level
14 2 background screening may serve in his or her capacity
15 pending the agency's receipt of the report from the Federal
16 Bureau of Investigation. However, the person may not continue
17 to serve if the report indicates any violation of background
18 screening standards and a disqualification exemption has not
19 been requested of and granted by the agency as set forth in
20 chapter 435.
21 (f) Each applicant must submit to the agency a
22 description and explanation of any conviction of an offense
23 prohibited under the level 2 standards of chapter 435 by a
24 member of the board of directors of the applicant, its
25 officers, or any individual owning 5 percent or more of the
26 applicant. This requirement does not apply to a director of a
27 not-for-profit corporation or organization if the director
28 serves solely in a voluntary capacity for the corporation or
29 organization, does not regularly take part in the day-to-day
30 operational decisions of the corporation or organization,
31 receives no remuneration for his or her services on the
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1 corporation or organization's board of directors, and has no
2 financial interest and has no family members with a financial
3 interest in the corporation or organization, provided that the
4 director and the not-for-profit corporation or organization
5 include in the application a statement affirming that the
6 director's relationship to the corporation satisfies the
7 requirements of this paragraph.
8 (g) A license may not be granted to an applicant if
9 the applicant, administrator, or financial officer has been
10 found guilty of, regardless of adjudication, or has entered a
11 plea of nolo contendere or guilty to, any offense prohibited
12 under the level 2 standards for screening set forth in chapter
13 435, unless an exemption from disqualification has been
14 granted by the agency as set forth in chapter 435.
15 Section 49. For the purpose of incorporating the
16 amendment to section 435.04, Florida Statutes, in references
17 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
18 subsection (2) of section 400.506, Florida Statutes, are
19 reenacted to read:
20 400.506 Licensure of nurse registries; requirements;
21 penalties.--
22 (2) Each applicant for licensure must comply with the
23 following requirements:
24 (a) Upon receipt of a completed, signed, and dated
25 application, the agency shall require background screening, in
26 accordance with the level 2 standards for screening set forth
27 in chapter 435, of the managing employee, or other similarly
28 titled individual who is responsible for the daily operation
29 of the nurse registry, and of the financial officer, or other
30 similarly titled individual who is responsible for the
31 financial operation of the registry, including billings for
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1 patient care and services. The applicant shall comply with the
2 procedures for level 2 background screening as set forth in
3 chapter 435.
4 (b) The agency may require background screening of any
5 other individual who is an applicant if the agency has
6 probable cause to believe that he or she has been convicted of
7 a crime or has committed any other offense prohibited under
8 the level 2 standards for screening set forth in chapter 435.
9 (c) Proof of compliance with the level 2 background
10 screening requirements of chapter 435 which has been submitted
11 within the previous 5 years in compliance with any other
12 health care or assisted living licensure requirements of this
13 state is acceptable in fulfillment of the requirements of
14 paragraph (a).
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 Department of Law Enforcement background check but the agency
19 has not yet received background screening results from the
20 Federal Bureau of Investigation. A standard license may be
21 granted to the applicant upon the agency's receipt of a report
22 of the results of the Federal Bureau of Investigation
23 background screening for each individual required by this
24 section to undergo background screening which confirms that
25 all standards have been met, or upon the granting of a
26 disqualification exemption by the agency as set forth in
27 chapter 435. Any other person who is required to undergo level
28 2 background screening may serve in his or her capacity
29 pending the agency's receipt of the report from the Federal
30 Bureau of Investigation. However, the person may not continue
31 to serve if the report indicates any violation of background
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1 screening standards and a disqualification exemption has not
2 been requested of and granted by the agency as set forth in
3 chapter 435.
4 (f) Each applicant must submit to the agency a
5 description and explanation of any conviction of an offense
6 prohibited under the level 2 standards of chapter 435 by a
7 member of the board of directors of the applicant, its
8 officers, or any individual owning 5 percent or more of the
9 applicant. This requirement does not apply to a director of a
10 not-for-profit corporation or organization if the director
11 serves solely in a voluntary capacity for the corporation or
12 organization, does not regularly take part in the day-to-day
13 operational decisions of the corporation or organization,
14 receives no remuneration for his or her services on the
15 corporation or organization's board of directors, and has no
16 financial interest and has no family members with a financial
17 interest in the corporation or organization, provided that the
18 director and the not-for-profit corporation or organization
19 include in the application a statement affirming that the
20 director's relationship to the corporation satisfies the
21 requirements of this paragraph.
22 (g) A license may not be granted to an applicant if
23 the applicant or managing employee has been found guilty of,
24 regardless of adjudication, or has entered a plea of nolo
25 contendere or guilty to, any offense prohibited under the
26 level 2 standards for screening set forth in chapter 435,
27 unless an exemption from disqualification has been granted by
28 the agency as set forth in chapter 435.
29 Section 50. For the purpose of incorporating the
30 amendment to section 435.04, Florida Statutes, in references
31
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1 thereto, section 400.5572, Florida Statutes, is reenacted to
2 read:
3 400.5572 Background screening.--
4 (1)(a) Level 2 background screening must be conducted
5 on each of the following persons, who shall be considered
6 employees for the purposes of conducting screening under
7 chapter 435:
8 1. The adult day care center owner if an individual,
9 the operator, and the financial officer.
10 2. An officer or board member if the owner of the
11 adult day care center is a firm, corporation, partnership, or
12 association, or any person owning 5 percent or more of the
13 facility, if the agency has probable cause to believe that
14 such person has been convicted of any offense prohibited by s.
15 435.04. For each officer, board member, or person owning 5
16 percent or more who has been convicted of any such offense,
17 the facility shall submit to the agency a description and
18 explanation of the conviction at the time of license
19 application. This subparagraph does not apply to a board
20 member of a not-for-profit corporation or organization if the
21 board member serves solely in a voluntary capacity, does not
22 regularly take part in the day-to-day operational decisions of
23 the corporation or organization, receives no remuneration for
24 his or her services, and has no financial interest and has no
25 family members with a financial interest in the corporation or
26 organization, provided that the board member and facility
27 submit a statement affirming that the board member's
28 relationship to the facility satisfies the requirements of
29 this subparagraph.
30 (b) Proof of compliance with level 2 screening
31 standards which has been submitted within the previous 5 years
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1 to meet any facility or professional licensure requirements of
2 the agency or the Department of Health satisfies the
3 requirements of this subsection.
4 (c) The agency may grant a provisional license to an
5 adult day care center applying for an initial license when
6 each individual required by this subsection to undergo
7 screening has completed the Department of Law Enforcement
8 background check, but has not yet received results from the
9 Federal Bureau of Investigation, or when a request for an
10 exemption from disqualification has been submitted to the
11 agency pursuant to s. 435.07, but a response has not been
12 issued.
13 (2) The owner or administrator of an adult day care
14 center must conduct level 1 background screening as set forth
15 in chapter 435 on all employees hired on or after October 1,
16 1998, who provide basic services or supportive and optional
17 services to the participants. Such persons satisfy this
18 requirement if:
19 (a) Proof of compliance with level 1 screening
20 requirements obtained to meet any professional license
21 requirements in this state is provided and accompanied, under
22 penalty of perjury, by a copy of the person's current
23 professional license and an affidavit of current compliance
24 with the background screening requirements.
25 (b) The person required to be screened has been
26 continuously employed, without a breach in service that
27 exceeds 180 days, in the same type of occupation for which the
28 person is seeking employment and provides proof of compliance
29 with the level 1 screening requirement which is no more than 2
30 years old. Proof of compliance must be provided directly from
31 one employer or contractor to another, and not from the person
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1 screened. Upon request, a copy of screening results shall be
2 provided to the person screened by the employer retaining
3 documentation of the screening.
4 (c) The person required to be screened is employed by
5 a corporation or business entity or related corporation or
6 business entity that owns, operates, or manages more than one
7 facility or agency licensed under this chapter, and for whom a
8 level 1 screening was conducted by the corporation or business
9 entity as a condition of initial or continued employment.
10 Section 51. For the purpose of incorporating the
11 amendment to section 435.04, Florida Statutes, in references
12 thereto, paragraph (a) of subsection (3) of section 400.607,
13 Florida Statutes, is reenacted to read:
14 400.607 Denial, suspension, or revocation of license;
15 imposition of administrative fine; grounds; injunctions.--
16 (3) The agency may deny or revoke a license upon a
17 determination that:
18 (a) Persons subject to level 2 background screening
19 under s. 400.6065 do not meet the screening standards of s.
20 435.04, and exemptions from disqualification have not been
21 provided by the agency.
22 Section 52. For the purpose of incorporating the
23 amendment to section 435.04, Florida Statutes, in references
24 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
25 subsection (4) of section 400.801, Florida Statutes, are
26 reenacted to read:
27 400.801 Homes for special services.--
28 (4) Each applicant for licensure must comply with the
29 following requirements:
30 (a) Upon receipt of a completed, signed, and dated
31 application, the agency shall require background screening, in
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1 accordance with the level 2 standards for screening set forth
2 in chapter 435, of the managing employee, or other similarly
3 titled individual who is responsible for the daily operation
4 of the facility, and of the financial officer, or other
5 similarly titled individual who is responsible for the
6 financial operation of the facility, including billings for
7 client care and services, in accordance with the level 2
8 standards for screening set forth in chapter 435. The
9 applicant must comply with the procedures for level 2
10 background screening as set forth in chapter 435.
11 (b) The agency may require background screening of any
12 other individual who is an applicant if the agency has
13 probable cause to believe that he or she has been convicted of
14 a crime or has committed any other offense prohibited under
15 the level 2 standards for screening set forth in chapter 435.
16 (c) Proof of compliance with the level 2 background
17 screening requirements of chapter 435 which has been submitted
18 within the previous 5 years in compliance with any other
19 health care or assisted living licensure requirements of this
20 state is acceptable in fulfillment of the requirements of
21 paragraph (a).
22 (d) A provisional license may be granted to an
23 applicant when each individual required by this section to
24 undergo background screening has met the standards for the
25 Department of Law Enforcement background check, but the agency
26 has not yet received background screening results from the
27 Federal Bureau of Investigation, or a request for a
28 disqualification exemption has been submitted to the agency as
29 set forth in chapter 435, but a response has not yet been
30 issued. A standard license may be granted to the applicant
31 upon the agency's receipt of a report of the results of the
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1 Federal Bureau of Investigation background screening for each
2 individual required by this section to undergo background
3 screening which confirms that all standards have been met, or
4 upon the granting of a disqualification exemption by the
5 agency as set forth in chapter 435. Any other person who is
6 required to undergo level 2 background screening may serve in
7 his or her capacity pending the agency's receipt of the report
8 from the Federal Bureau of Investigation. However, the person
9 may not continue to serve if the report indicates any
10 violation of background screening standards and a
11 disqualification exemption has not been requested of and
12 granted by the agency as set forth in chapter 435.
13 (f) Each applicant must submit to the agency a
14 description and explanation of any conviction of an offense
15 prohibited under the level 2 standards of chapter 435 by a
16 member of the board of directors of the applicant, its
17 officers, or any individual owning 5 percent or more of the
18 applicant. This requirement does not apply to a director of a
19 not-for-profit corporation or organization if the director
20 serves solely in a voluntary capacity for the corporation or
21 organization, does not regularly take part in the day-to-day
22 operational decisions of the corporation or organization,
23 receives no remuneration for his or her services on the
24 corporation or organization's board of directors, and has no
25 financial interest and has no family members with a financial
26 interest in the corporation or organization, provided that the
27 director and the not-for-profit corporation or organization
28 include in the application a statement affirming that the
29 director's relationship to the corporation satisfies the
30 requirements of this paragraph.
31
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1 (g) A license may not be granted to an applicant if
2 the applicant or managing employee has been found guilty of,
3 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 Section 53. For the purpose of incorporating the
9 amendment to section 435.04, Florida Statutes, in references
10 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
11 subsection (3) of section 400.805, Florida Statutes, are
12 reenacted to read:
13 400.805 Transitional living facilities.--
14 (3) Each applicant for licensure must comply with the
15 following requirements:
16 (a) Upon receipt of a completed, signed, and dated
17 application, the agency shall require background screening, in
18 accordance with the level 2 standards for screening set forth
19 in chapter 435, of the managing employee, or other similarly
20 titled individual who is responsible for the daily operation
21 of the facility, and of the financial officer, or other
22 similarly titled individual who is responsible for the
23 financial operation of the facility, including billings for
24 client care and services. The applicant must comply with the
25 procedures for level 2 background screening as set forth in
26 chapter 435.
27 (b) The agency may require background screening of any
28 other individual who is an applicant if the agency has
29 probable cause to believe that he or she has been convicted of
30 a crime or has committed any other offense prohibited under
31 the level 2 standards for screening set forth in chapter 435.
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1 (c) Proof of compliance with the level 2 background
2 screening requirements of chapter 435 which has been submitted
3 within the previous 5 years in compliance with any other
4 health care or assisted living licensure requirements of this
5 state is acceptable in fulfillment of the requirements of
6 paragraph (a).
7 (d) A provisional license may be granted to an
8 applicant when each individual required by this section to
9 undergo background screening has met the standards for the
10 Department of Law Enforcement background check, but the agency
11 has not yet received background screening results from the
12 Federal Bureau of Investigation, or a request for a
13 disqualification exemption has been submitted to the agency as
14 set forth in chapter 435, but a response has not yet been
15 issued. A standard license may be granted to the applicant
16 upon the agency's receipt of a report of the results of the
17 Federal 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 (f) Each applicant must submit to the agency a
30 description and explanation of any conviction of an offense
31 prohibited under the level 2 standards of chapter 435 by a
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1 member of the board of directors of the applicant, its
2 officers, or any individual owning 5 percent or more of the
3 applicant. This requirement does not apply to a director of a
4 not-for-profit corporation or organization if the director
5 serves solely in a voluntary capacity for the corporation or
6 organization, does not regularly take part in the day-to-day
7 operational decisions of the corporation or organization,
8 receives no remuneration for his or her services on the
9 corporation or organization's board of directors, and has no
10 financial interest and has no family members with a financial
11 interest in the corporation or organization, provided that the
12 director and the not-for-profit corporation or organization
13 include in the application a statement affirming that the
14 director's relationship to the corporation satisfies the
15 requirements of this paragraph.
16 (g) A license may not be granted to an applicant if
17 the applicant or managing employee has been found guilty of,
18 regardless of adjudication, or has entered a plea of nolo
19 contendere or guilty to, any offense prohibited under the
20 level 2 standards for screening set forth in chapter 435,
21 unless an exemption from disqualification has been granted by
22 the agency as set forth in chapter 435.
23 Section 54. For the purpose of incorporating the
24 amendment to section 435.04, Florida Statutes, in references
25 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
26 subsection (5) of section 400.906, Florida Statutes, are
27 reenacted 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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1 (a) Upon receipt of a completed, signed, and dated
2 application, the agency shall require background screening, in
3 accordance with the level 2 standards for screening set forth
4 in chapter 435, of the operator, and of the financial officer,
5 or other similarly titled individual who is responsible for
6 the financial operation of the center, including billings for
7 patient care and services. The applicant must comply with the
8 procedures for level 2 background screening as set forth in
9 chapter 435, as well as the requirements of s. 435.03(3).
10 (b) The agency may require background screening of any
11 other individual who is an applicant if the agency has a
12 reasonable basis for believing that he or she has been
13 convicted of a crime or has committed any other offense
14 prohibited under the level 2 standards for screening set forth
15 in chapter 435.
16 (c) Proof of compliance with the level 2 background
17 screening requirements of chapter 435 which has been submitted
18 within the previous 5 years in compliance with any other
19 health care licensure requirements of this state is acceptable
20 in fulfillment of the requirements of paragraph (a).
21 (d) A provisional license may be granted to an
22 applicant when each individual required by this section to
23 undergo background screening has met the standards for the
24 Department of Law Enforcement background check, but the agency
25 has not yet received background screening results from the
26 Federal Bureau of Investigation, or a request for a
27 disqualification exemption has been submitted to the agency as
28 set forth in chapter 435, but a response has not yet been
29 issued. A standard license may be granted to the applicant
30 upon the agency's receipt of a report of the results of the
31 Federal Bureau of Investigation background screening for each
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1 individual required by this section to undergo background
2 screening which confirms that all standards have been met, or
3 upon the granting of a disqualification exemption by the
4 agency as set forth in chapter 435. Any other person who is
5 required to undergo level 2 background screening may serve in
6 his or her capacity pending the agency's receipt of the report
7 from the Federal Bureau of Investigation. However, the person
8 may not continue to serve if the report indicates any
9 violation of background screening standards and a
10 disqualification exemption has not been requested of and
11 granted by the agency as set forth in chapter 435.
12 (f) Each applicant must submit to the agency a
13 description and explanation of any conviction of an offense
14 prohibited under the level 2 standards of chapter 435 by a
15 member of the board of directors of the applicant, its
16 officers, or any individual owning 5 percent or more of the
17 applicant. This requirement does not apply to a director of a
18 not-for-profit corporation or organization if the director
19 serves solely in a voluntary capacity for the corporation or
20 organization, does not regularly take part in the day-to-day
21 operational decisions of the corporation or organization,
22 receives no remuneration for his or her services on the
23 corporation or organization's board of directors, and has no
24 financial interest and has no family members with a financial
25 interest in the corporation or organization, provided that the
26 director and the not-for-profit corporation or organization
27 include in the application a statement affirming that the
28 director's relationship to the corporation satisfies the
29 requirements of this paragraph.
30 (g) A license may not be granted to an applicant if
31 the applicant or managing employee has been found guilty of,
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1 regardless of adjudication, or has entered a plea of nolo
2 contendere or guilty to, any offense prohibited under the
3 level 2 standards for screening set forth in chapter 435,
4 unless an exemption from disqualification has been granted by
5 the agency as set forth in chapter 435.
6 Section 55. For the purpose of incorporating the
7 amendment to section 435.04, Florida Statutes, in references
8 thereto, paragraphs (a), (b), (c), (e), and (f) of subsection
9 (5) of section 400.931, Florida Statutes, are reenacted to
10 read:
11 400.931 Application for license; fee; provisional
12 license; temporary permit.--
13 (5) Each applicant for licensure must comply with the
14 following requirements:
15 (a) Upon receipt of a completed, signed, and dated
16 application, the agency shall require background screening of
17 the applicant, in accordance with the level 2 standards for
18 screening set forth in chapter 435. As used in this
19 subsection, the term "applicant" means the general manager and
20 the financial officer or similarly titled individual who is
21 responsible for the financial operation of the licensed
22 facility.
23 (b) The agency may require background screening for a
24 member of the board of directors of the licensee or an officer
25 or an individual owning 5 percent or more of the licensee if
26 the agency has probable cause to believe that such individual
27 has been convicted of an offense prohibited under the level 2
28 standards for screening set forth in chapter 435.
29 (c) Proof of compliance with the level 2 background
30 screening requirements of chapter 435 which has been submitted
31 within the previous 5 years in compliance with any other
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1 health care licensure requirements of this state is acceptable
2 in fulfillment of paragraph (a).
3 (e) Each applicant must submit to the agency a
4 description and explanation of any conviction of an offense
5 prohibited under the level 2 standards of chapter 435 by a
6 member of the board of directors of the applicant, its
7 officers, or any individual owning 5 percent or more of the
8 applicant. This requirement does not apply to a director of a
9 not-for-profit corporation or organization if the director
10 serves solely in a voluntary capacity for the corporation or
11 organization, does not regularly take part in the day-to-day
12 operational decisions of the corporation or organization,
13 receives no remuneration for his or her services on the
14 corporation's or organization's board of directors, and has no
15 financial interest and has no family members with a financial
16 interest in the corporation or organization, provided that the
17 director and the not-for-profit corporation or organization
18 include in the application a statement affirming that the
19 director's relationship to the corporation satisfies the
20 requirements of this provision.
21 (f) A license may not be granted to any potential
22 licensee if any applicant, administrator, or financial officer
23 has been found guilty of, regardless of adjudication, or has
24 entered a plea of nolo contendere or guilty to, any offense
25 prohibited under the level 2 standards for screening set forth
26 in chapter 435, unless an exemption from disqualification has
27 been granted by the agency as set forth in chapter 435.
28 Section 56. For the purpose of incorporating the
29 amendment to section 435.04, Florida Statutes, in references
30 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection
31
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1 (10) of section 400.962, Florida Statutes, are reenacted to
2 read:
3 400.962 License required; license application.--
4 (10)(a) Upon receipt of a completed, signed, and dated
5 application, the agency shall require background screening of
6 the applicant, in accordance with the level 2 standards for
7 screening set forth in chapter 435. As used in this
8 subsection, the term "applicant" means the facility
9 administrator, or similarly titled individual who is
10 responsible for the day-to-day operation of the licensed
11 facility, and the facility financial officer, or similarly
12 titled individual who is responsible for the financial
13 operation of the licensed facility.
14 (b) The agency may require background screening for a
15 member of the board of directors of the licensee or an officer
16 or an individual owning 5 percent or more of the licensee if
17 the agency has probable cause to believe that such individual
18 has been convicted of an offense prohibited under the level 2
19 standards for screening set forth in chapter 435.
20 (c) Proof of compliance with the level 2 background
21 screening requirements of chapter 435 which has been submitted
22 within the previous 5 years in compliance with any other
23 licensure requirements under this chapter satisfies the
24 requirements of paragraph (a). Proof of compliance with
25 background screening which has been submitted within the
26 previous 5 years to fulfill the requirements of the Financial
27 Services Commission and the Office of Insurance Regulation
28 under chapter 651 as part of an application for a certificate
29 of authority to operate a continuing care retirement community
30 satisfies the requirements for the Department of Law
31
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1 Enforcement and Federal Bureau of Investigation background
2 checks.
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 Department of Law Enforcement background check, but the agency
7 has not yet received background screening results from the
8 Federal Bureau of Investigation, or a request for a
9 disqualification exemption has been submitted to the agency as
10 set forth in chapter 435, but a response has not yet been
11 issued. A license may be granted to the applicant upon the
12 agency's receipt of a report of the results of the Federal
13 Bureau of Investigation background screening for each
14 individual required by this section to undergo background
15 screening which confirms that all standards have been met, or
16 upon the granting of a disqualification exemption by the
17 agency as set forth in chapter 435. Any other person who is
18 required to undergo level 2 background screening may serve in
19 his or her capacity pending the agency's receipt of the report
20 from the Federal Bureau of Investigation; however, the person
21 may not continue to serve if the report indicates any
22 violation of background screening standards and a
23 disqualification exemption has not been granted by the agency
24 as set forth in chapter 435.
25 (f) Each applicant must submit to the agency a
26 description and explanation of any conviction of an offense
27 prohibited under the level 2 standards of chapter 435 by a
28 member of the board of directors of the applicant, its
29 officers, or any individual owning 5 percent or more of the
30 applicant. This requirement does not apply to a director of a
31 not-for-profit corporation or organization if the director
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1 serves solely in a voluntary capacity for the corporation or
2 organization, does not regularly take part in the day-to-day
3 operational decisions of the corporation or organization,
4 receives no remuneration for his or her services on the
5 corporation's or organization's board of directors, and has no
6 financial interest and has no family members with a financial
7 interest in the corporation or organization, provided that the
8 director and the not-for-profit corporation or organization
9 include in the application a statement affirming that the
10 director's relationship to the corporation satisfies the
11 requirements of this paragraph.
12 Section 57. For the purpose of incorporating the
13 amendment to section 435.04, Florida Statutes, in references
14 thereto, paragraphs (b) and (d) of subsection (7) of section
15 400.991, Florida Statutes, are reenacted to read:
16 400.991 License requirements; background screenings;
17 prohibitions.--
18 (7) Each applicant for licensure shall comply with the
19 following requirements:
20 (b) Upon receipt of a completed, signed, and dated
21 application, the agency shall require background screening of
22 the applicant, in accordance with the level 2 standards for
23 screening set forth in chapter 435. Proof of compliance with
24 the level 2 background screening requirements of chapter 435
25 which has been submitted within the previous 5 years in
26 compliance with any other health care licensure requirements
27 of this state is acceptable in fulfillment of this paragraph.
28 (d) A license may not be granted to a clinic if the
29 applicant has been found guilty of, regardless of
30 adjudication, or has entered a plea of nolo contendere or
31 guilty to, any offense prohibited under the level 2 standards
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1 for screening set forth in chapter 435, or a violation of
2 insurance fraud under s. 817.234, within the past 5 years. If
3 the applicant has been convicted of an offense prohibited
4 under the level 2 standards or insurance fraud in any
5 jurisdiction, the applicant must show that his or her civil
6 rights have been restored prior to submitting an application.
7 Section 58. For the purpose of incorporating the
8 amendment to section 435.04, Florida Statutes, in references
9 thereto, paragraph (e) of subsection (2) of section 402.302,
10 Florida Statutes, is reenacted to read:
11 402.302 Definitions.--
12 (2) "Child care facility" includes any child care
13 center or child care arrangement which provides child care for
14 more than five children unrelated to the operator and which
15 receives a payment, fee, or grant for any of the children
16 receiving care, wherever operated, and whether or not operated
17 for profit. The following are not included:
18 (e) Operators of transient establishments, as defined
19 in chapter 509, which provide child care services solely for
20 the guests of their establishment or resort, provided that all
21 child care personnel of the establishment are screened
22 according to the level 2 screening requirements of chapter
23 435.
24 Section 59. For the purpose of incorporating the
25 amendment to section 435.04, Florida Statutes, in references
26 thereto, paragraph (a) of subsection (2) of section 402.305,
27 Florida Statutes, is reenacted to read:
28 402.305 Licensing standards; child care facilities.--
29 (2) PERSONNEL.--Minimum standards for child care
30 personnel shall include minimum requirements as to:
31
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1 (a) Good moral character based upon screening. This
2 screening shall be conducted as provided in chapter 435, using
3 the level 2 standards for screening set forth in that chapter.
4 Section 60. For the purpose of incorporating the
5 amendment to section 435.04, Florida Statutes, in references
6 thereto, subsection (3) of section 402.3054, Florida Statutes,
7 is reenacted to read:
8 402.3054 Child enrichment service providers.--
9 (3) A child enrichment service provider shall be of
10 good moral character based upon screening. This screening
11 shall be conducted as provided in chapter 435, using the level
12 2 standards for screening set forth in that chapter. A child
13 enrichment service provider must meet the screening
14 requirements prior to providing services to a child in a child
15 care facility. A child enrichment service provider who has met
16 the screening standards shall not be required to be under the
17 direct and constant supervision of child care personnel.
18 Section 61. For the purpose of incorporating the
19 amendment to section 435.04, Florida Statutes, in references
20 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
21 subsection (2) of section 483.30, Florida Statutes, are
22 reenacted to read:
23 483.30 Licensing of centers.--
24 (2) Each applicant for licensure must comply with the
25 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 2 standards for screening set forth
29 in chapter 435, of the managing employee, or other similarly
30 titled individual who is responsible for the daily operation
31 of the center, and of the financial officer, or other
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1 similarly titled individual who is responsible for the
2 financial operation of the center, including billings for
3 patient services. The applicant must comply with the
4 procedures for level 2 background screening as set forth in
5 chapter 435, as well as the requirements of s. 435.03(3).
6 (b) The agency may require background screening of any
7 other individual who is an applicant if the agency has
8 probable cause to believe that he or she has been convicted of
9 a crime or has committed any other offense prohibited under
10 the level 2 standards for screening set forth in chapter 435.
11 (c) Proof of compliance with the level 2 background
12 screening requirements of chapter 435 which has been submitted
13 within the previous 5 years in compliance with any other
14 health care licensure requirements of this state is acceptable
15 in fulfillment of the requirements of paragraph (a).
16 (d) A provisional license may be granted to an
17 applicant when each individual required by this section to
18 undergo background screening has met the standards for the
19 Department of Law Enforcement background check, but the agency
20 has not yet received background screening results from the
21 Federal Bureau of Investigation, or a request for a
22 disqualification exemption has been submitted to the agency as
23 set forth in chapter 435 but a response has not yet been
24 issued. A license may be granted to the applicant upon the
25 agency's receipt of a report of the results of the Federal
26 Bureau of Investigation background screening for each
27 individual required by this section to undergo background
28 screening which confirms that all standards have been met, or
29 upon the granting of a disqualification exemption by the
30 agency as set forth in chapter 435. Any other person who is
31 required to undergo level 2 background screening may serve in
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1 his or her capacity pending the agency's receipt of the report
2 from the Federal Bureau of Investigation. However, the person
3 may not continue to serve if the report indicates any
4 violation of background screening standards and a
5 disqualification exemption has not been requested of and
6 granted by the agency as set forth in chapter 435.
7 (f) Each applicant must submit to the agency a
8 description and explanation of any conviction of an offense
9 prohibited under the level 2 standards of chapter 435 by a
10 member of the board of directors of the applicant, its
11 officers, or any individual owning 5 percent or more of the
12 applicant. This requirement does not apply to a director of a
13 not-for-profit corporation or organization if the director
14 serves solely in a voluntary capacity for the corporation or
15 organization, does not regularly take part in the day-to-day
16 operational decisions of the corporation or organization,
17 receives no remuneration for his or her services on the
18 corporation or organization's board of directors, and has no
19 financial interest and has no family members with a financial
20 interest in the corporation or organization, provided that the
21 director and the not-for-profit corporation or organization
22 include in the application a statement affirming that the
23 director's relationship to the corporation satisfies the
24 requirements of this paragraph.
25 (g) A license may not be granted to an applicant if
26 the applicant or managing employee has been found guilty of,
27 regardless of adjudication, or has entered a plea of nolo
28 contendere or guilty to, any offense prohibited under the
29 level 2 standards for screening set forth in chapter 435,
30 unless an exemption from disqualification has been granted by
31 the agency as set forth in chapter 435.
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1 Section 62. For the purpose of incorporating the
2 amendment to section 435.04, Florida Statutes, in references
3 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
4 subsection (2) of section 483.101, Florida Statutes, are
5 reenacted to read:
6 483.101 Application for clinical laboratory license.--
7 (2) Each applicant for licensure must comply with the
8 following requirements:
9 (a) Upon receipt of a completed, signed, and dated
10 application, the agency shall require background screening, in
11 accordance with the level 2 standards for screening set forth
12 in chapter 435, of the managing director or other similarly
13 titled individual who is responsible for the daily operation
14 of the laboratory and of the financial officer, or other
15 similarly titled individual who is responsible for the
16 financial operation of the laboratory, including billings for
17 patient services. The applicant must comply with the
18 procedures for level 2 background screening as set forth in
19 chapter 435, as well as the requirements of s. 435.03(3).
20 (b) The agency may require background screening of any
21 other individual who is an applicant if the agency has
22 probable cause to believe that he or she has been convicted of
23 a crime or has committed any other offense prohibited under
24 the level 2 standards for screening set forth in chapter 435.
25 (c) Proof of compliance with the level 2 background
26 screening requirements of chapter 435 which has been submitted
27 within the previous 5 years in compliance with any other
28 health care licensure requirements of this state is acceptable
29 in fulfillment of the requirements of paragraph (a).
30 (d) A provisional license may be granted to an
31 applicant when each individual required by this section to
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1 undergo background screening has met the standards for the
2 Department of Law Enforcement background check but the agency
3 has not yet received background screening results from the
4 Federal Bureau of Investigation, or a request for a
5 disqualification exemption has been submitted to the agency as
6 set forth in chapter 435 but a response has not yet been
7 issued. A license may be granted to the applicant upon the
8 agency's receipt of a report of the results of the Federal
9 Bureau of Investigation background screening for each
10 individual required by this section to undergo background
11 screening which confirms that all standards have been met, or
12 upon the granting of a disqualification exemption by the
13 agency as set forth in chapter 435. Any other person who is
14 required to undergo level 2 background screening may serve in
15 his or her capacity pending the agency's receipt of the report
16 from the Federal Bureau of Investigation. However, the person
17 may not continue to serve if the report indicates any
18 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 (f) Each applicant must submit to the agency a
22 description and explanation of any conviction of an offense
23 prohibited under the level 2 standards of chapter 435 by a
24 member of the board of directors of the applicant, its
25 officers, or any individual owning 5 percent or more of the
26 applicant. This requirement does not apply to a director of a
27 not-for-profit corporation or organization if the director
28 serves solely in a voluntary capacity for the corporation or
29 organization, does not regularly take part in the day-to-day
30 operational decisions of the corporation or organization,
31 receives no remuneration for his or her services on the
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1 corporation or organization's board of directors, and has no
2 financial interest and has no family members with a financial
3 interest in the corporation or organization, provided that the
4 director and the not-for-profit corporation or organization
5 include in the application a statement affirming that the
6 director's relationship to the corporation satisfies the
7 requirements of this paragraph.
8 (g) A license may not be granted to an applicant if
9 the applicant or managing employee has been found guilty of,
10 regardless of adjudication, or has entered a plea of nolo
11 contendere or guilty to, any offense prohibited under the
12 level 2 standards for screening set forth in chapter 435,
13 unless an exemption from disqualification has been granted by
14 the agency as set forth in chapter 435.
15 Section 63. For the purpose of incorporating the
16 amendment to section 435.04, Florida Statutes, in references
17 thereto, subsection (5) of section 744.1085, Florida Statutes,
18 is reenacted to read:
19 744.1085 Regulation of professional guardians;
20 application; bond required; educational requirements.--
21 (5) As required in s. 744.3135, each professional
22 guardian shall allow a level 2 background screening of the
23 guardian and employees of the guardian in accordance with the
24 provisions of s. 435.04.
25 Section 64. For the purpose of incorporating the
26 amendment to section 435.04, Florida Statutes, in references
27 thereto, paragraph (b) of subsection (2) of section 984.01,
28 Florida Statutes, is reenacted to read:
29 984.01 Purposes and intent; personnel standards and
30 screening.--
31
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1 (2) The Department of Juvenile Justice or the
2 Department of Children and Family Services, as appropriate,
3 may contract with the Federal Government, other state
4 departments and agencies, county and municipal governments and
5 agencies, public and private agencies, and private individuals
6 and corporations in carrying out the purposes of, and the
7 responsibilities established in, this chapter.
8 (b) The Department of Juvenile Justice and the
9 Department of Children and Family Services shall require
10 employment screening pursuant to chapter 435, using the level
11 2 standards set forth in that chapter for personnel in
12 programs for children or youths.
13 Section 65. For the purpose of incorporating the
14 amendment to section 435.04, Florida Statutes, in references
15 thereto, paragraph (b) of subsection (2) of section 985.01,
16 Florida Statutes, is reenacted to read:
17 985.01 Purposes and intent; personnel standards and
18 screening.--
19 (2) The Department of Juvenile Justice or the
20 Department of Children and Family Services, as appropriate,
21 may contract with the Federal Government, other state
22 departments and agencies, county and municipal governments and
23 agencies, public and private agencies, and private individuals
24 and corporations in carrying out the purposes of, and the
25 responsibilities established in, this chapter.
26 (b) The Department of Juvenile Justice and the
27 Department of Children and Family Services shall require
28 employment screening pursuant to chapter 435, using the level
29 2 standards set forth in that chapter for personnel in
30 programs for children or youths.
31
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1 Section 66. For the purpose of incorporating the
2 amendment to section 435.04, Florida Statutes, in references
3 thereto, paragraphs (a) and (b) of subsection (7) of section
4 1002.36, Florida Statutes, are reenacted to read:
5 1002.36 Florida School for the Deaf and the Blind.--
6 (7) PERSONNEL SCREENING.--
7 (a) The Board of Trustees of the Florida School for
8 the Deaf and the Blind shall, because of the special trust or
9 responsibility of employees of the school, require all
10 employees and applicants for employment to undergo personnel
11 screening and security background investigations as provided
12 in chapter 435, using the level 2 standards for screening set
13 forth in that chapter, as a condition of employment and
14 continued employment. The cost of a personnel screening and
15 security background investigation for an employee of the
16 school shall be paid by the school. The cost of such a
17 screening and investigation for an applicant for employment
18 may be paid by the school.
19 (b) As a prerequisite for initial and continuing
20 employment at the Florida School for the Deaf and the Blind:
21 1. The applicant or employee shall submit to the
22 Florida School for the Deaf and the Blind a complete set of
23 fingerprints taken by an authorized law enforcement agency or
24 an employee of the Florida School for the Deaf and the Blind
25 who is trained to take fingerprints. The Florida School for
26 the Deaf and the Blind shall submit the fingerprints to the
27 Department of Law Enforcement for state processing and the
28 Federal Bureau of Investigation for federal processing.
29 2.a. The applicant or employee shall attest to the
30 minimum standards for good moral character as contained in
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1 chapter 435, using the level 2 standards set forth in that
2 chapter under penalty of perjury.
3 b. New personnel shall be on a probationary status
4 pending a determination of compliance with such minimum
5 standards for good moral character. This paragraph is in
6 addition to any probationary status provided for by Florida
7 law or Florida School for the Deaf and the Blind rules or
8 collective bargaining contracts.
9 3. The Florida School for the Deaf and the Blind shall
10 review the record of the applicant or employee with respect to
11 the crimes contained in s. 435.04 and shall notify the
12 applicant or employee of its findings. When disposition
13 information is missing on a criminal record, it shall be the
14 responsibility of the applicant or employee, upon request of
15 the Florida School for the Deaf and the Blind, to obtain and
16 supply within 30 days the missing disposition information to
17 the Florida School for the Deaf and the Blind. Failure to
18 supply missing information within 30 days or to show
19 reasonable efforts to obtain such information shall result in
20 automatic disqualification of an applicant and automatic
21 termination of an employee.
22 4. After an initial personnel screening and security
23 background investigation, written notification shall be given
24 to the affected employee within a reasonable time prior to any
25 subsequent screening and investigation.
26 Section 67. For the purpose of incorporating the
27 amendments to sections 943.0585 and 943.059, Florida Statutes,
28 in references thereto, paragraph (a) of subsection (2) and
29 subsection (6) of section 943.0582, Florida Statutes, are
30 reenacted to read:
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1 943.0582 Prearrest, postarrest, or teen court
2 diversion program expunction.--
3 (2)(a) As used in this section, the term "expunction"
4 has the same meaning ascribed in and effect as s. 943.0585,
5 except that:
6 1. The provisions of s. 943.0585(4)(a) do not apply,
7 except that the criminal history record of a person whose
8 record is expunged pursuant to this section shall be made
9 available only to criminal justice agencies for the purpose of
10 determining eligibility for prearrest, postarrest, or teen
11 court diversion programs; when the record is sought as part of
12 a criminal investigation; or when the subject of the record is
13 a candidate for employment with a criminal justice agency. For
14 all other purposes, a person whose record is expunged under
15 this section may lawfully deny or fail to acknowledge the
16 arrest and the charge covered by the expunged record.
17 2. Records maintained by local criminal justice
18 agencies in the county in which the arrest occurred that are
19 eligible for expunction pursuant to this section shall be
20 sealed as the term is used in s. 943.059.
21 (6) Expunction or sealing granted under this section
22 does not prevent the minor who receives such relief from
23 petitioning for the expunction or sealing of a later criminal
24 history record as provided for in ss. 943.0585 and 943.059, if
25 the minor is otherwise eligible under those sections.
26 Section 68. For the purpose of incorporating the
27 amendment to section 943.059, Florida Statutes, in references
28 thereto, subsections (7), (8), and (9) of section 943.053,
29 Florida Statutes, are reenacted to read:
30 943.053 Dissemination of criminal justice information;
31 fees.--
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1 (7) Notwithstanding the provisions of s. 943.0525, and
2 any user agreements adopted pursuant thereto, and
3 notwithstanding the confidentiality of sealed records as
4 provided for in s. 943.059, the sheriff of any county that has
5 contracted with a private entity to operate a county detention
6 facility pursuant to the provisions of s. 951.062 shall
7 provide that private entity, in a timely manner, copies of the
8 Florida criminal history records for its inmates. The sheriff
9 may assess a charge for the Florida criminal history records
10 pursuant to the provisions of chapter 119. Sealed records
11 received by the private entity under this section remain
12 confidential and exempt from the provisions of s. 119.07(1).
13 (8) Notwithstanding the provisions of s. 943.0525, and
14 any user agreements adopted pursuant thereto, and
15 notwithstanding the confidentiality of sealed records as
16 provided for in s. 943.059, the Department of Corrections
17 shall provide, in a timely manner, copies of the Florida
18 criminal history records for inmates housed in a private state
19 correctional facility to the private entity under contract to
20 operate the facility pursuant to the provisions of s. 944.105
21 or s. 957.03. The department may assess a charge for the
22 Florida criminal history records pursuant to the provisions of
23 chapter 119. Sealed records received by the private entity
24 under this section remain confidential and exempt from the
25 provisions of s. 119.07(1).
26 (9) Notwithstanding the provisions of s. 943.0525 and
27 any user agreements adopted pursuant thereto, and
28 notwithstanding the confidentiality of sealed records as
29 provided for in s. 943.059, the Department of Juvenile Justice
30 or any other state or local criminal justice agency may
31 provide copies of the Florida criminal history records for
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1 juvenile offenders currently or formerly detained or housed in
2 a contracted juvenile assessment center or detention facility
3 or serviced in a contracted treatment program and for
4 employees or other individuals who will have access to these
5 facilities, only to the entity under direct contract with the
6 Department of Juvenile Justice to operate these facilities or
7 programs pursuant to the provisions of s. 985.411. The
8 criminal justice agency providing such data may assess a
9 charge for the Florida criminal history records pursuant to
10 the provisions of chapter 119. Sealed records received by the
11 private entity under this section remain confidential and
12 exempt from the provisions of s. 119.07(1). Information
13 provided under this section shall be used only for the
14 criminal justice purpose for which it was requested and may
15 not be further disseminated.
16 Section 69. The creation of sections 393.135,
17 394.4593, and 916.1075, Florida Statutes, by this act shall
18 apply to offenses committed on or after the effective date of
19 this act.
20 Section 70. This act shall take effect July 1, 2004.
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