Senate Bill sb1772c2
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Florida Senate - 2004 CS for CS for SB 1772
By the Committees on Criminal Justice; Children and Families;
and Senator Lynn
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1 A bill to be entitled
2 An act relating to the Department of Children
3 and Family Services; creating ss. 393.135,
4 394.4593, and 916.1075, F.S.; defining the
5 terms "employee," "sexual activity," and
6 "sexual misconduct"; providing that it is a
7 second-degree felony for an employee to engage
8 in sexual misconduct with certain
9 developmentally disabled clients, certain
10 mental health patients, or certain forensic
11 clients; providing certain exceptions;
12 requiring certain employees to report sexual
13 misconduct to the central abuse hotline of the
14 department and to law enforcement; providing
15 for notification to the inspector general of
16 the department; providing that it is a
17 first-degree misdemeanor to knowingly and
18 willfully fail to make a report as required, or
19 to prevent another from doing so, or to submit
20 inaccurate or untruthful information; providing
21 that it is a third-degree felony to coerce or
22 threaten another person to alter testimony or a
23 report with respect to an incident of sexual
24 misconduct; providing criminal penalties;
25 specifying that these provisions and penalties
26 are in addition to any other actions provided
27 for by law; amending s. 435.03, F.S.; expanding
28 level 1 screening standards to include criminal
29 offenses related to sexual misconduct with
30 certain developmentally disabled clients,
31 mental health patients, or forensic clients and
1
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1 the reporting of such sexual misconduct;
2 amending s. 435.04, F.S.; expanding level 2
3 screening standards to include the offenses
4 related to sexual misconduct with certain
5 developmentally disabled clients, mental health
6 patients, or forensic clients and the reporting
7 of such sexual misconduct; reenacting and
8 amending s. 943.0585, F.S., relating to
9 court-ordered expunction of criminal history
10 records, for the purpose of incorporating the
11 amendment to s. 943.059, F.S., in a reference
12 thereto; providing that certain criminal
13 history records relating to sexual misconduct
14 with developmentally disabled clients, mental
15 health patients, or forensic clients, or the
16 reporting of such sexual misconduct, may not be
17 expunged; providing that the application for
18 eligibility for expunction certify that the
19 criminal history record does not relate to an
20 offense involving sexual misconduct with
21 certain developmentally disabled clients,
22 mental health patients, or forensic clients, or
23 the reporting of such sexual misconduct;
24 reenacting and amending s. 943.059, F.S.,
25 relating to court-ordered sealing of criminal
26 history records, for the purpose of
27 incorporating the amendment to s. 943.0585,
28 F.S., in a reference thereto; providing that
29 certain criminal history records relating to
30 sexual misconduct with developmentally disabled
31 clients, mental health patients, or forensic
2
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1 clients, or the reporting of such sexual
2 misconduct, may not be sealed; providing that
3 the application for eligibility for sealing
4 certify that the criminal history record does
5 not relate to an offense involving sexual
6 misconduct with certain developmentally
7 disabled clients, mental health patients, or
8 forensic clients, or the reporting of such
9 sexual misconduct; amending s. 400.215, F.S.,
10 and reenacting paragraphs (b) and (c) of
11 subsection (2) and subsection (3), relating to
12 background screening requirements for certain
13 nursing home personnel, for the purpose of
14 incorporating the amendments to ss. 435.03 and
15 435.04, F.S., in references thereto; correcting
16 a cross-reference; amending s. 400.964, F.S.,
17 and reenacting subsections (1), (2), and (7),
18 relating to background screening requirements
19 for certain personnel employed by intermediate
20 care facilities for the developmentally
21 disabled, for the purpose of incorporating the
22 amendments to ss. 435.03 and 435.04, F.S., in
23 references thereto; correcting a
24 cross-reference; amending s. 435.045, F.S., and
25 reenacting paragraph (a) of subsection (1),
26 relating to requirements for the placement of
27 dependent children, for the purpose of
28 incorporating the amendment to s. 435.04, F.S.,
29 in a reference thereto; correcting a
30 cross-reference; reenacting ss. 400.414(1)(f)
31 and (g), 400.4174, 400.509(4)(a), (b), (c),
3
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1 (d), (f), and (g), 400.556(2)(c), 400.6065(1),
2 (2), and (4), 400.980(4)(a), (b), (c), (d),
3 (f), and (g), 409.175(2)(k), 409.907(8)(d),
4 435.05(1) and (3), 744.3135, and 985.04(2),
5 F.S., relating to denial, revocation, or
6 suspension of license to operate an assisted
7 living facility; background screening
8 requirements for certain personnel employed by
9 assisted living facilities; registration of
10 particular home health care service providers;
11 denial, suspension, or revocation of license to
12 operate adult day care centers; background
13 screening requirements for certain hospice
14 personnel; background screening requirements
15 for registrants of the health care service
16 pools; the definition of "screening" in
17 connection with the licensure of family foster
18 homes, residential child-caring agencies, and
19 child-placing agencies; background screening
20 requirements of Medicaid providers; employment
21 of persons in positions requiring background
22 screening; credit and criminal investigations
23 of guardians; and oaths, records, and
24 confidential information pertaining to juvenile
25 offenders, respectively, for the purpose of
26 incorporating the amendments to ss. 435.03 and
27 435.04, F.S., in references thereto; reenacting
28 ss. 400.512, 400.619(4), 400.6194(1), 400.953,
29 409.912(32), 435.07(4), 464.018(1)(e),
30 744.309(3), 744.474(12), and 985.407(4), F.S.,
31 relating to background screening of home health
4
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1 agency personnel, nurse registry personnel,
2 companions, and homemakers; application and
3 renewal of adult family-care home provider
4 licenses; denial, revocation, or suspension of
5 adult family-care home provider license;
6 background screening of home medical equipment
7 provider personnel and background screening
8 requirements for certain persons responsible
9 for managed care plans; exemptions from
10 disqualification from employment; denial of
11 nursing license and disciplinary actions
12 against such licensees; disqualification of
13 guardians; removal of guardians; and background
14 screening requirements for certain Department
15 of Juvenile Justice personnel, respectively,
16 for the purpose of incorporating the amendment
17 to s. 435.03, F.S., in references thereto;
18 reenacting ss. 39.001(2)(b), 39.821(1),
19 110.1127(3)(a) and (c), 112.0455(12)(a),
20 381.0059(1), (2), and (4), 381.60225(1)(a),
21 (b), (c), (d), (f), and (g), 383.305(7)(a),
22 (b), (c), (d), (f), and (g), 390.015(3)(a),
23 (b), (c), (d), (f), and (g), 393.0655(1),
24 393.067(6)(a), (b), (c), (d), (f), and (g),
25 394.875(13)(a), (b), (c), (d), (f), and (g),
26 395.0055(1), (2), (3), (4), (6), and (8),
27 395.0199(4)(a), (b), (c), (d), (f), and (g),
28 397.451(1)(a), 400.071(4)(a), (b), (c), (d),
29 and (f), 400.471(4)(a), (b), (c), (d), (f), and
30 (g), 400.506(2)(a), (b), (c), (d), (f), and
31 (g), 400.5572, 400.607(3)(a), 400.801(4)(a),
5
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1 (b), (c), (d), (f), and (g), 400.805(3)(a),
2 (b), (c), (d), (f), and (g), 400.906(5)(a),
3 (b), (c), (d), (f), and (g), 400.931(5)(a),
4 (b), (c), (e), and (f), 400.962(10)(a), (b),
5 (c), (d), and (f), 400.991(7)(b) and (d),
6 402.302(2)(e), 402.305(2)(a), 402.3054(3),
7 483.30(2)(a), (b), (c), (d), (f), and (g),
8 483.101(2)(a), (b), (c), (d), (f), and (g),
9 744.1085(5), 984.01(2)(b), 985.01(2)(b),
10 1002.36(7)(a) and (b), F.S., relating to
11 background screening requirements for certain
12 Department of Children and Family Services
13 personnel; qualifications of guardians ad
14 litem; security checks of certain public
15 officers and employees; background screening
16 requirements of certain laboratory personnel in
17 connection with the Drug-Free Workplace Act;
18 background screening requirements for school
19 health services personnel; background screening
20 of certain personnel of the public health
21 system; background screening and licensure of
22 birth center personnel; background screening
23 and licensure of abortion clinic personnel;
24 background screening of direct service
25 providers; background screening and licensure
26 of personnel of intermediate care facilities
27 for the developmentally disabled; background
28 screening of mental health personnel;
29 background screening and licensure of personnel
30 of crisis stabilization units, residential
31 treatment facilities, and residential treatment
6
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1 centers for children and adolescents;
2 background screening and licensure of personnel
3 of hospitals, ambulatory surgical centers, and
4 mobile surgical facilities; background
5 screening of certain personnel in connection
6 with registration for private utilization
7 reviews; background screening of certain
8 service provider personnel; background
9 screening and licensure of certain long-term
10 care facility personnel; background screening
11 and licensure of certain home health agency
12 personnel; background screening and licensure
13 of nurse registry applicants; background
14 screening of certain adult day care center
15 personnel; denial or revocation of hospice
16 license; background screening and licensure of
17 certain transitional living facility personnel;
18 background screening and licensure of certain
19 prescribed pediatric extended care center
20 personnel; background screening and licensure
21 of certain home medical equipment provider
22 personnel; background screening and licensure
23 of certain personnel of intermediate care
24 facilities for the developmentally disabled;
25 background screening and licensure of health
26 care clinic personnel; the definition of "child
27 care facility" in connection with background
28 screening of operators; background screening
29 requirements for personnel of child care
30 facilities; background screening requirements
31 for child enrichment service providers;
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1 background screening and licensure of certain
2 personnel of multiphasic health testing
3 centers; background screening and licensure of
4 certain clinical laboratory personnel;
5 regulation of professional guardians;
6 background screening of certain Department of
7 Juvenile Justice and Department of Children and
8 Family Services personnel in connection with
9 programs for children and families in need of
10 services; and background screening of certain
11 Department of Juvenile Justice and Department
12 of Children and Family Services personnel in
13 connection with juvenile justice programs,
14 background screening of personnel of the
15 Florida School for the Deaf and the Blind,
16 respectively, for the purposes of incorporating
17 the amendment to s. 435.04, F.S., in references
18 thereto; amending s. 394.4572, F.S.; requiring
19 the department and the agency to check the
20 employment history of a person when screening
21 mental health personnel for employment;
22 reenacting s. 943.0582(2)(a) and (6), F.S.,
23 relating to prearrest, postarrest, or teen
24 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
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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 or any
15 person providing care or support to a client on behalf of the
16 department or its providers.
17 (b) "Sexual activity" means:
18 1. The oral, anal, or vaginal penetration by, or union
19 with, the sexual organ of another or the anal or vaginal
20 penetration of another by any other object;
21 2. Intentionally touching in a lewd or lascivious
22 manner the breasts, genitals, the genital area, or buttocks,
23 or the clothing covering them, of a person, or forcing or
24 enticing a person to touch the perpetrator;
25 3. Intentionally masturbating in the presence of
26 another person;
27 4. Intentionally exposing the genitals in a lewd or
28 lascivious manner in the presence of another person; or
29 5. Intentionally committing any other sexual act that
30 does not involve actual physical or sexual contact with the
31 victim, including, but not limited to, sadomasochistic abuse,
9
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1 sexual bestiality, or the simulation of any act involving
2 sexual activity in the presence of a victim.
3 (c) "Sexual misconduct" means any sexual activity
4 between an employee and a client, regardless of the consent of
5 the client. The term does not include an act done for a bona
6 fide medical purpose or an internal search conducted in the
7 lawful performance of duty by an employee.
8 (2) An employee who engages in sexual misconduct with
9 an individual with a developmental disability who:
10 (a) Is in the custody of the department;
11 (b) Resides in a residential facility, including any
12 comprehensive transitional education program, developmental
13 services institution, foster care facility, group home
14 facility, intermediate care facility for the developmentally
15 disabled, or residential habilitation center; or
16 (c) Receives services from a family care program
17
18 commits a felony of the second degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084. An employee may be
20 found guilty of violating this subsection without having
21 committed the crime of sexual battery.
22 (3) The consent of the client to sexual activity is
23 not a defense to prosecution under this section.
24 (4) This section does not apply to an employee who:
25 (a) Is legally married to the client; or
26 (b) Had no reason to believe that the person with whom
27 the employee engaged in sexual misconduct is a client
28 receiving services as described in subsection (2).
29 (5) An employee who witnesses sexual misconduct, or
30 who otherwise knows or has reasonable cause to suspect that a
31 person has engaged in sexual misconduct, shall immediately
10
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1 report the incident to the department's central abuse hotline
2 and to law enforcement. Such employee shall also prepare,
3 date, and sign an independent report that specifically
4 describes the nature of the sexual misconduct, the location
5 and time of the incident, and the persons involved. The
6 employee shall deliver the report to the supervisor or program
7 director, who is responsible for providing copies to the
8 department's inspector general. The inspector general shall
9 immediately conduct an appropriate administrative
10 investigation, and, if there is probable cause to believe that
11 sexual misconduct has occurred, the inspector general shall
12 notify the state attorney in the circuit in which the incident
13 occurred.
14 (6)(a) Any person who is required to make a report
15 under this section and who knowingly or willfully fails to do
16 so, or who knowingly or willfully prevents another person from
17 doing so, commits a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083.
19 (b) Any person who knowingly or willfully submits
20 inaccurate, incomplete, or untruthful information with respect
21 to a report required under this section commits a misdemeanor
22 of the first degree, punishable as provided in s. 775.082 or
23 s. 775.083.
24 (c) Any person who knowingly or willfully coerces or
25 threatens any other person with the intent to alter testimony
26 or a written report regarding an incident of sexual misconduct
27 commits a felony of the third degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 (7) The provisions and penalties set forth in this
30 section are in addition to any other civil, administrative, or
31
11
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1 criminal action provided by law which may be applied against
2 an employee.
3 Section 2. Section 394.4593, Florida Statutes, is
4 created to read:
5 394.4593 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 or any person providing care or support to a
12 patient on behalf of the department or its providers.
13 (b) "Sexual activity" means:
14 1. The oral, anal, or vaginal penetration by, or union
15 with, the sexual organ of another or the anal or vaginal
16 penetration of another by any other object;
17 2. Intentionally touching in a lewd or lascivious
18 manner the breasts, genitals, the genital area, or buttocks,
19 or the clothing covering them, of a person, or forcing or
20 enticing a person to touch the perpetrator;
21 3. Intentionally masturbating in the presence of
22 another person;
23 4. Intentionally exposing the genitals in a lewd or
24 lascivious manner in the presence of another person; or
25 5. Intentionally committing any other sexual act that
26 does not involve actual physical or sexual contact with the
27 victim, including, but not limited to, sadomasochistic abuse,
28 sexual bestiality, or the simulation of any act involving
29 sexual activity in the presence of a victim.
30 (c) "Sexual misconduct" means any sexual activity
31 between an employee and a patient, regardless of the consent
12
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1 of the patient. The term does not include an act done for a
2 bona fide medical purpose or an internal search conducted in
3 the lawful performance of duty by an employee.
4 (2) An employee who engages in sexual misconduct with
5 a patient who:
6 (a) Is in the custody of the department; or
7 (b) Resides in a receiving facility as defined in s.
8 394.455(26) or a treatment facility as defined in s.
9 394.455(30),
10
11 commits a felony of the second degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084. An employee may be
13 found guilty of violating this subsection without having
14 committed the crime of sexual battery.
15 (3) The consent of the patient to sexual activity is
16 not a defense to prosecution under this section.
17 (4) This section does not apply to an employee who:
18 (a) Is legally married to the patient; or
19 (b) Had no reason to believe that the person with whom
20 the employee engaged in sexual misconduct is a patient
21 receiving services as described in subsection (2).
22 (5) 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 and to law enforcement. Such employee shall also prepare,
27 date, and sign an independent report that specifically
28 describes the nature of the sexual misconduct, the location
29 and time of the incident, and the persons involved. The
30 employee shall deliver the report to the supervisor or program
31 director, who is responsible for providing copies to the
13
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1 department's inspector general. The inspector general shall
2 immediately conduct an appropriate administrative
3 investigation, and, if there is probable cause to believe that
4 sexual misconduct has occurred, the inspector general shall
5 notify the state attorney in the circuit in which the incident
6 occurred.
7 (6)(a) Any person who is required to make a report
8 under this section and who knowingly or willfully fails to do
9 so, or who knowingly or willfully prevents another person from
10 doing so, commits a misdemeanor of the first degree,
11 punishable as provided in s. 775.082 or s. 775.083.
12 (b) Any person who knowingly or willfully submits
13 inaccurate, incomplete, or untruthful information with respect
14 to a report required under this section commits a misdemeanor
15 of the first degree, punishable as provided in s. 775.082 or
16 s. 775.083.
17 (c) Any person who knowingly or willfully coerces or
18 threatens any other person with the intent to alter testimony
19 or a written report regarding an incident of sexual misconduct
20 commits a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084.
22 (7) The provisions and penalties set forth in this
23 section are in addition to any other civil, administrative, or
24 criminal action provided by law which may be applied against
25 an employee.
26 Section 3. Section 916.1075, Florida Statutes, is
27 created to read:
28 916.1075 Sexual misconduct prohibited; reporting
29 required; penalties.--
30 (1) As used in this section, the term:
31
14
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1 (a) "Employee" includes any person under contract with
2 the department and any paid staff member, volunteer, or intern
3 of the department or any person under contract with the
4 department or any person providing care or support to a client
5 on behalf of the department or its providers.
6 (b) "Sexual activity" means:
7 1. The oral, anal, or vaginal penetration by, or union
8 with, the sexual organ of another or the anal or vaginal
9 penetration of another by any other object;
10 2. Intentionally touching in a lewd or lascivious
11 manner the breasts, genitals, the genital area, or buttocks,
12 or the clothing covering them, of a person, or forcing or
13 enticing a person to touch the perpetrator;
14 3. Intentionally masturbating in the presence of
15 another person;
16 4. Intentionally exposing the genitals in a lewd or
17 lascivious manner in the presence of another person; or
18 5. Intentionally committing any other sexual act that
19 does not involve actual physical or sexual contact with the
20 victim, including, but not limited to, sadomasochistic abuse,
21 sexual bestiality, or the simulation of any act involving
22 sexual activity in the presence of a victim.
23 (c) "Sexual misconduct" means any sexual activity
24 between an employee and a client, regardless of the consent of
25 the client. The term does not include an act done for a bona
26 fide medical purpose or an internal search conducted in the
27 lawful performance of duty by an employee.
28 (2) An employee who engages in sexual misconduct with
29 a client who resides in a civil or forensic state mental
30 health treatment facility commits a felony of the second
31 degree, punishable as provided in s. 775.082, s. 775.083, or
15
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1 s. 775.084. An employee may be found guilty of violating this
2 subsection without having committed the crime of sexual
3 battery.
4 (3) The consent of the client to sexual activity is
5 not a defense to prosecution under this section.
6 (4) This section does not apply to an employee who:
7 (a) Is legally married to the client; or
8 (b) Had no reason to believe that the person with whom
9 the employee engaged in sexual misconduct is a client
10 receiving services as described in subsection (2).
11 (5) An employee who witnesses sexual misconduct, or
12 who otherwise knows or has reasonable cause to suspect that a
13 person has engaged in sexual misconduct, shall immediately
14 report the incident to the department's central abuse hotline
15 or law enforcement. Such employee shall also prepare, date,
16 and sign an independent report that specifically describes the
17 nature of the sexual misconduct, the location and time of the
18 incident, and the persons involved. The employee shall deliver
19 the report to the supervisor or program director, who is
20 responsible for providing copies to the department's inspector
21 general. The inspector general shall immediately conduct an
22 appropriate administrative investigation, and, if there is
23 probable cause to believe that sexual misconduct has occurred,
24 the inspector general shall notify the state attorney in the
25 circuit in which the incident occurred.
26 (6)(a) Any person who is required to make a report
27 under this section and who knowingly or willfully fails to do
28 so, or who knowingly or willfully prevents another person from
29 doing so, commits a misdemeanor of the first degree,
30 punishable as provided in s. 775.082 or s. 775.083.
31
16
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1 (b) Any person who knowingly or willfully submits
2 inaccurate, incomplete, or untruthful information with respect
3 to a report required under this section commits a misdemeanor
4 of the first degree, punishable as provided in s. 775.082 or
5 s. 775.083.
6 (c) Any person who knowingly or willfully coerces or
7 threatens any other person with the intent to alter testimony
8 or a written report regarding an incident of sexual misconduct
9 commits a felony of the third degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 (7) The provisions and penalties set forth in this
12 section are in addition to any other civil, administrative, or
13 criminal action provided by law which may be applied against
14 an employee.
15 Section 4. Subsection (2) of section 435.03, Florida
16 Statutes, is amended to read:
17 435.03 Level 1 screening standards.--
18 (2) Any person for whom employment screening is
19 required by statute must not have been found guilty of,
20 regardless of adjudication, or entered a plea of nolo
21 contendere or guilty to, any offense prohibited under any of
22 the following provisions of the Florida Statutes or under any
23 similar statute of another jurisdiction:
24 (a) Section 393.135, relating to sexual misconduct
25 with certain developmentally disabled clients and reporting of
26 such sexual misconduct.
27 (b) Section 394.4593, relating to sexual misconduct
28 with certain mental health patients and reporting of such
29 sexual misconduct.
30 (c)(a) Section 415.111, relating to abuse, neglect, or
31 exploitation of a vulnerable adult.
17
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1 (d)(b) Section 782.04, relating to murder.
2 (e)(c) Section 782.07, relating to manslaughter,
3 aggravated manslaughter of an elderly person or disabled
4 adult, or aggravated manslaughter of a child.
5 (f)(d) Section 782.071, relating to vehicular
6 homicide.
7 (g)(e) Section 782.09, relating to killing of an
8 unborn child by injury to the mother.
9 (h)(f) Section 784.011, relating to assault, if the
10 victim of the offense was a minor.
11 (i)(g) Section 784.021, relating to aggravated
12 assault.
13 (j)(h) Section 784.03, relating to battery, if the
14 victim of the offense was a minor.
15 (k)(i) Section 784.045, relating to aggravated
16 battery.
17 (l)(j) Section 787.01, relating to kidnapping.
18 (m)(k) Section 787.02, relating to false imprisonment.
19 (n)(l) Section 794.011, relating to sexual battery.
20 (o)(m) Former s. 794.041, relating to prohibited acts
21 of persons in familial or custodial authority.
22 (p)(n) Chapter 796, relating to prostitution.
23 (q)(o) Section 798.02, relating to lewd and lascivious
24 behavior.
25 (r)(p) Chapter 800, relating to lewdness and indecent
26 exposure.
27 (s)(q) Section 806.01, relating to arson.
28 (t)(r) Chapter 812, relating to theft, robbery, and
29 related crimes, if the offense was a felony.
30 (u)(s) Section 817.563, relating to fraudulent sale of
31 controlled substances, only if the offense was a felony.
18
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1 (v)(t) Section 825.102, relating to abuse, aggravated
2 abuse, or neglect of an elderly person or disabled adult.
3 (w)(u) Section 825.1025, relating to lewd or
4 lascivious offenses committed upon or in the presence of an
5 elderly person or disabled adult.
6 (x)(v) Section 825.103, relating to exploitation of an
7 elderly person or disabled adult, if the offense was a felony.
8 (y)(w) Section 826.04, relating to incest.
9 (z)(x) Section 827.03, relating to child abuse,
10 aggravated child abuse, or neglect of a child.
11 (aa)(y) Section 827.04, relating to contributing to
12 the delinquency or dependency of a child.
13 (bb)(z) Former s. 827.05, relating to negligent
14 treatment of children.
15 (cc)(aa) Section 827.071, relating to sexual
16 performance by a child.
17 (dd)(bb) Chapter 847, relating to obscene literature.
18 (ee)(cc) Chapter 893, relating to drug abuse
19 prevention and control, only if the offense was a felony or if
20 any other person involved in the offense was a minor.
21 (ff) Section 916.0175, relating to sexual misconduct
22 with certain forensic clients and reporting of such sexual
23 misconduct.
24 Section 5. Subsection (2) of section 435.04, Florida
25 Statutes, is amended to read:
26 435.04 Level 2 screening standards.--
27 (2) The security background investigations under this
28 section must ensure that no persons subject to the provisions
29 of this section have been found guilty of, regardless of
30 adjudication, or entered a plea of nolo contendere or guilty
31 to, any offense prohibited under any of the following
19
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1 provisions of the Florida Statutes or under any similar
2 statute of another jurisdiction:
3 (a) Section 393.135, relating to sexual misconduct
4 with certain developmentally disabled clients and reporting of
5 such sexual misconduct.
6 (b) Section 394.4593, relating to sexual misconduct
7 with certain mental health patients and reporting of such
8 sexual misconduct.
9 (c)(a) Section 415.111, relating to adult abuse,
10 neglect, or exploitation of aged persons or disabled adults.
11 (d)(b) Section 782.04, relating to murder.
12 (e)(c) Section 782.07, relating to manslaughter,
13 aggravated manslaughter of an elderly person or disabled
14 adult, or aggravated manslaughter of a child.
15 (f)(d) Section 782.071, relating to vehicular
16 homicide.
17 (g)(e) Section 782.09, relating to killing of an
18 unborn child by injury to the mother.
19 (h)(f) Section 784.011, relating to assault, if the
20 victim of the offense was a minor.
21 (i)(g) Section 784.021, relating to aggravated
22 assault.
23 (j)(h) Section 784.03, relating to battery, if the
24 victim of the offense was a minor.
25 (k)(i) Section 784.045, relating to aggravated
26 battery.
27 (l)(j) Section 784.075, relating to battery on a
28 detention or commitment facility staff.
29 (m)(k) Section 787.01, relating to kidnapping.
30 (n)(l) Section 787.02, relating to false imprisonment.
31
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1 (o)(m) Section 787.04(2), relating to taking,
2 enticing, or removing a child beyond the state limits with
3 criminal intent pending custody proceedings.
4 (p)(n) Section 787.04(3), relating to carrying a child
5 beyond the state lines with criminal intent to avoid producing
6 a child at a custody hearing or delivering the child to the
7 designated person.
8 (q)(o) Section 790.115(1), relating to exhibiting
9 firearms or weapons within 1,000 feet of a school.
10 (r)(p) Section 790.115(2)(b), relating to possessing
11 an electric weapon or device, destructive device, or other
12 weapon on school property.
13 (s)(q) Section 794.011, relating to sexual battery.
14 (t)(r) Former s. 794.041, relating to prohibited acts
15 of persons in familial or custodial authority.
16 (u)(s) Chapter 796, relating to prostitution.
17 (v)(t) Section 798.02, relating to lewd and lascivious
18 behavior.
19 (w)(u) Chapter 800, relating to lewdness and indecent
20 exposure.
21 (x)(v) Section 806.01, relating to arson.
22 (y)(w) Chapter 812, relating to theft, robbery, and
23 related crimes, if the offense is a felony.
24 (z)(x) Section 817.563, relating to fraudulent sale of
25 controlled substances, only if the offense was a felony.
26 (aa)(y) Section 825.102, relating to abuse, aggravated
27 abuse, or neglect of an elderly person or disabled adult.
28 (bb)(z) 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
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1 (cc)(aa) Section 825.103, relating to exploitation of
2 an elderly person or disabled adult, if the offense was a
3 felony.
4 (dd)(bb) Section 826.04, relating to incest.
5 (ee)(cc) Section 827.03, relating to child abuse,
6 aggravated child abuse, or neglect of a child.
7 (ff)(dd) Section 827.04, relating to contributing to
8 the delinquency or dependency of a child.
9 (gg)(ee) Former s. 827.05, relating to negligent
10 treatment of children.
11 (hh)(ff) Section 827.071, relating to sexual
12 performance by a child.
13 (ii)(gg) Section 843.01, relating to resisting arrest
14 with violence.
15 (jj)(hh) Section 843.025, relating to depriving a law
16 enforcement, correctional, or correctional probation officer
17 means of protection or communication.
18 (kk)(ii) Section 843.12, relating to aiding in an
19 escape.
20 (ll)(jj) Section 843.13, relating to aiding in the
21 escape of juvenile inmates in correctional institutions.
22 (mm)(kk) Chapter 847, relating to obscene literature.
23 (nn)(ll) Section 874.05(1), relating to encouraging or
24 recruiting another to join a criminal gang.
25 (oo)(mm) Chapter 893, relating to drug abuse
26 prevention and control, only if the offense was a felony or if
27 any other person involved in the offense was a minor.
28 (pp) Section 916.0175, relating to sexual misconduct
29 with certain forensic clients and reporting of such sexual
30 misconduct.
31
22
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1 (qq)(nn) Section 944.35(3), relating to inflicting
2 cruel or inhuman treatment on an inmate resulting in great
3 bodily harm.
4 (rr)(oo) Section 944.46, relating to harboring,
5 concealing, or aiding an escaped prisoner.
6 (ss)(pp) Section 944.47, relating to introduction of
7 contraband into a correctional facility.
8 (tt)(qq) Section 985.4045, relating to sexual
9 misconduct in juvenile justice programs.
10 (uu)(rr) Section 985.4046, relating to contraband
11 introduced into detention facilities.
12 Section 6. Section 943.0585, Florida Statutes, is
13 amended to read:
14 943.0585 Court-ordered expunction of criminal history
15 records.--The courts of this state have jurisdiction over
16 their own procedures, including the maintenance, expunction,
17 and correction of judicial records containing criminal history
18 information to the extent such procedures are not inconsistent
19 with the conditions, responsibilities, and duties established
20 by this section. Any court of competent jurisdiction may order
21 a criminal justice agency to expunge the criminal history
22 record of a minor or an adult who complies with the
23 requirements of this section. The court shall not order a
24 criminal justice agency to expunge a criminal history record
25 until the person seeking to expunge a criminal history record
26 has applied for and received a certificate of eligibility for
27 expunction pursuant to subsection (2). A criminal history
28 record that relates to a violation of s. 393.135, s. 394.4593,
29 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
30 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
31 s. 847.0145, s. 893.135, s. 916.1075, or a violation
23
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1 enumerated in s. 907.041 may not be expunged, without regard
2 to whether adjudication was withheld, if the defendant was
3 found guilty of or pled guilty or nolo contendere to the
4 offense, or if the defendant, as a minor, was found to have
5 committed, or pled guilty or nolo contendere to committing,
6 the offense as a delinquent act. The court may only order
7 expunction of a criminal history record pertaining to one
8 arrest or one incident of alleged criminal activity, except as
9 provided in this section. The court may, at its sole
10 discretion, order the expunction of a criminal history record
11 pertaining to more than one arrest if the additional arrests
12 directly relate to the original arrest. If the court intends
13 to order the expunction of records pertaining to such
14 additional arrests, such intent must be specified in the
15 order. A criminal justice agency may not expunge any record
16 pertaining to such additional arrests if the order to expunge
17 does not articulate the intention of the court to expunge a
18 record pertaining to more than one arrest. This section does
19 not prevent the court from ordering the expunction of only a
20 portion of a criminal history record pertaining to one arrest
21 or one incident of alleged criminal activity. Notwithstanding
22 any law to the contrary, a criminal justice agency may comply
23 with laws, court orders, and official requests of other
24 jurisdictions relating to expunction, correction, or
25 confidential handling of criminal history records or
26 information derived therefrom. This section does not confer
27 any right to the expunction of any criminal history record,
28 and any request for expunction of a criminal history record
29 may be denied at the sole discretion of the court.
30
31
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1 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
2 RECORD.--Each petition to a court to expunge a criminal
3 history record is complete only when accompanied by:
4 (a) A certificate of eligibility for expunction issued
5 by the department pursuant to subsection (2).
6 (b) The petitioner's sworn statement attesting that
7 the petitioner:
8 1. Has never, prior to the date on which the petition
9 is filed, been adjudicated guilty of a criminal offense or
10 comparable ordinance violation or adjudicated delinquent for
11 committing a felony or a misdemeanor specified in s.
12 943.051(3)(b).
13 2. Has not been adjudicated guilty of, or adjudicated
14 delinquent for committing, any of the acts stemming from the
15 arrest or alleged criminal activity to which the petition
16 pertains.
17 3. Has never secured a prior sealing or expunction of
18 a criminal history record under this section, former s.
19 893.14, former s. 901.33, or former s. 943.058, or from any
20 jurisdiction outside the state.
21 4. Is eligible for such an expunction to the best of
22 his or her knowledge or belief and does not have any other
23 petition to expunge or any petition to seal pending before any
24 court.
25
26 Any person who knowingly provides false information on such
27 sworn statement to the court commits a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
30 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
31 to petitioning the court to expunge a criminal history record,
25
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1 a person seeking to expunge a criminal history record shall
2 apply to the department for a certificate of eligibility for
3 expunction. The department shall, by rule adopted pursuant to
4 chapter 120, establish procedures pertaining to the
5 application for and issuance of certificates of eligibility
6 for expunction. The department shall issue a certificate of
7 eligibility for expunction to a person who is the subject of a
8 criminal history record if that person:
9 (a) Has obtained, and submitted to the department, a
10 written, certified statement from the appropriate state
11 attorney or statewide prosecutor which indicates:
12 1. That an indictment, information, or other charging
13 document was not filed or issued in the case.
14 2. That an indictment, information, or other charging
15 document, if filed or issued in the case, was dismissed or
16 nolle prosequi by the state attorney or statewide prosecutor,
17 or was dismissed by a court of competent jurisdiction.
18 3. That the criminal history record does not relate to
19 a violation of s. 393.135, s. 394.4593, s. 787.025, chapter
20 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s.
21 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
22 s. 893.135, s. 916.1075, or a violation enumerated in s.
23 907.041, where the defendant was found guilty of, or pled
24 guilty or nolo contendere to any such offense, or that the
25 defendant, as a minor, was found to have committed, or pled
26 guilty or nolo contendere to committing, such an offense as a
27 delinquent act, without regard to whether adjudication was
28 withheld.
29 (b) Remits a $75 processing fee to the department for
30 placement in the Department of Law Enforcement Operating Trust
31 Fund, unless such fee is waived by the executive director.
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1 (c) Has submitted to the department a certified copy
2 of the disposition of the charge to which the petition to
3 expunge pertains.
4 (d) Has never, prior to the date on which the
5 application for a certificate of eligibility is filed, been
6 adjudicated guilty of a criminal offense or comparable
7 ordinance violation or adjudicated delinquent for committing a
8 felony or a misdemeanor specified in s. 943.051(3)(b).
9 (e) Has not been adjudicated guilty of, or adjudicated
10 delinquent for committing, any of the acts stemming from the
11 arrest or alleged criminal activity to which the petition to
12 expunge pertains.
13 (f) Has never secured a prior sealing or expunction of
14 a criminal history record under this section, former s.
15 893.14, former s. 901.33, or former s. 943.058.
16 (g) Is no longer under court supervision applicable to
17 the disposition of the arrest or alleged criminal activity to
18 which the petition to expunge pertains.
19 (h) Is not required to wait a minimum of 10 years
20 prior to being eligible for an expunction of such records
21 because all charges related to the arrest or criminal activity
22 to which the petition to expunge pertains were dismissed prior
23 to trial, adjudication, or the withholding of adjudication.
24 Otherwise, such criminal history record must be sealed under
25 this section, former s. 893.14, former s. 901.33, or former s.
26 943.058 for at least 10 years before such record is eligible
27 for expunction.
28 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
29 (a) In judicial proceedings under this section, a copy
30 of the completed petition to expunge shall be served upon the
31 appropriate state attorney or the statewide prosecutor and
27
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1 upon the arresting agency; however, it is not necessary to
2 make any agency other than the state a party. The appropriate
3 state attorney or the statewide prosecutor and the arresting
4 agency may respond to the court regarding the completed
5 petition to expunge.
6 (b) If relief is granted by the court, the clerk of
7 the court shall certify copies of the order to the appropriate
8 state attorney or the statewide prosecutor and the arresting
9 agency. The arresting agency is responsible for forwarding the
10 order to any other agency to which the arresting agency
11 disseminated the criminal history record information to which
12 the order pertains. The department shall forward the order to
13 expunge to the Federal Bureau of Investigation. The clerk of
14 the court shall certify a copy of the order to any other
15 agency which the records of the court reflect has received the
16 criminal history record from the court.
17 (c) For an order to expunge entered by a court prior
18 to July 1, 1992, the department shall notify the appropriate
19 state attorney or statewide prosecutor of an order to expunge
20 which is contrary to law because the person who is the subject
21 of the record has previously been convicted of a crime or
22 comparable ordinance violation or has had a prior criminal
23 history record sealed or expunged. Upon receipt of such
24 notice, the appropriate state attorney or statewide prosecutor
25 shall take action, within 60 days, to correct the record and
26 petition the court to void the order to expunge. The
27 department shall seal the record until such time as the order
28 is voided by the court.
29 (d) On or after July 1, 1992, the department or any
30 other criminal justice agency is not required to act on an
31 order to expunge entered by a court when such order does not
28
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1 comply with the requirements of this section. Upon receipt of
2 such an order, the department must notify the issuing court,
3 the appropriate state attorney or statewide prosecutor, the
4 petitioner or the petitioner's attorney, and the arresting
5 agency of the reason for noncompliance. The appropriate state
6 attorney or statewide prosecutor shall take action within 60
7 days to correct the record and petition the court to void the
8 order. No cause of action, including contempt of court, shall
9 arise against any criminal justice agency for failure to
10 comply with an order to expunge when the petitioner for such
11 order failed to obtain the certificate of eligibility as
12 required by this section or such order does not otherwise
13 comply with the requirements of this section.
14 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
15 criminal history record of a minor or an adult which is
16 ordered expunged by a court of competent jurisdiction pursuant
17 to this section must be physically destroyed or obliterated by
18 any criminal justice agency having custody of such record;
19 except that any criminal history record in the custody of the
20 department must be retained in all cases. A criminal history
21 record ordered expunged that is retained by the department is
22 confidential and exempt from the provisions of s. 119.07(1)
23 and s. 24(a), Art. I of the State Constitution and not
24 available to any person or entity except upon order of a court
25 of competent jurisdiction. A criminal justice agency may
26 retain a notation indicating compliance with an order to
27 expunge.
28 (a) The person who is the subject of a criminal
29 history record that is expunged under this section or under
30 other provisions of law, including former s. 893.14, former s.
31 901.33, and former s. 943.058, may lawfully deny or fail to
29
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1 acknowledge the arrests covered by the expunged record, except
2 when the subject of the record:
3 1. Is a candidate for employment with a criminal
4 justice agency;
5 2. Is a defendant in a criminal prosecution;
6 3. Concurrently or subsequently petitions for relief
7 under this section or s. 943.059;
8 4. Is a candidate for admission to The Florida Bar;
9 5. Is seeking to be employed or licensed by or to
10 contract with the Department of Children and Family Services
11 or the Department of Juvenile Justice or to be employed or
12 used by such contractor or licensee in a sensitive position
13 having direct contact with children, the developmentally
14 disabled, the aged, or the elderly as provided in s.
15 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
16 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
17 916.106(10) and (13), s. 985.407, or chapter 400; or
18 6. Is seeking to be employed or licensed by the Office
19 of Teacher Education, Certification, Staff Development, and
20 Professional Practices of the Department of Education, any
21 district school board, or any local governmental entity that
22 licenses child care facilities.
23 (b) Subject to the exceptions in paragraph (a), a
24 person who has been granted an expunction under this section,
25 former s. 893.14, former s. 901.33, or former s. 943.058 may
26 not be held under any provision of law of this state to commit
27 perjury or to be otherwise liable for giving a false statement
28 by reason of such person's failure to recite or acknowledge an
29 expunged criminal history record.
30 (c) Information relating to the existence of an
31 expunged criminal history record which is provided in
30
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1 accordance with paragraph (a) is confidential and exempt from
2 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
3 State Constitution, except that the department shall disclose
4 the existence of a criminal history record ordered expunged to
5 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
6 for their respective licensing and employment purposes, and to
7 criminal justice agencies for their respective criminal
8 justice purposes. It is unlawful for any employee of an entity
9 set forth in subparagraph (a)1., subparagraph (a)4.,
10 subparagraph (a)5., or subparagraph (a)6. to disclose
11 information relating to the existence of an expunged criminal
12 history record of a person seeking employment or licensure
13 with such entity or contractor, except to the person to whom
14 the criminal history record relates or to persons having
15 direct responsibility for employment or licensure decisions.
16 Any person who violates this paragraph commits a misdemeanor
17 of the first degree, punishable as provided in s. 775.082 or
18 s. 775.083.
19 (5) STATUTORY REFERENCES.--Any reference to any other
20 chapter, section, or subdivision of the Florida Statutes in
21 this section constitutes a general reference under the
22 doctrine of incorporation by reference.
23 Section 7. Section 943.059, Florida Statutes, is
24 amended to read:
25 943.059 Court-ordered sealing of criminal history
26 records.--The courts of this state shall continue to have
27 jurisdiction over their own procedures, including the
28 maintenance, sealing, and correction of judicial records
29 containing criminal history information to the extent such
30 procedures are not inconsistent with the conditions,
31 responsibilities, and duties established by this section. Any
31
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1 court of competent jurisdiction may order a criminal justice
2 agency to seal the criminal history record of a minor or an
3 adult who complies with the requirements of this section. The
4 court shall not order a criminal justice agency to seal a
5 criminal history record until the person seeking to seal a
6 criminal history record has applied for and received a
7 certificate of eligibility for sealing pursuant to subsection
8 (2). A criminal history record that relates to a violation of
9 s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,
10 s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,
11 s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
12 916.1075, or a violation enumerated in s. 907.041 may not be
13 sealed, without regard to whether adjudication was withheld,
14 if the defendant was found guilty of or pled guilty or nolo
15 contendere to the offense, or if the defendant, as a minor,
16 was found to have committed or pled guilty or nolo contendere
17 to committing the offense as a delinquent act. The court may
18 only order sealing of a criminal history record pertaining to
19 one arrest or one incident of alleged criminal activity,
20 except as provided in this section. The court may, at its sole
21 discretion, order the sealing of a criminal history record
22 pertaining to more than one arrest if the additional arrests
23 directly relate to the original arrest. If the court intends
24 to order the sealing of records pertaining to such additional
25 arrests, such intent must be specified in the order. A
26 criminal justice agency may not seal any record pertaining to
27 such additional arrests if the order to seal does not
28 articulate the intention of the court to seal records
29 pertaining to more than one arrest. This section does not
30 prevent the court from ordering the sealing of only a portion
31 of a criminal history record pertaining to one arrest or one
32
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1 incident of alleged criminal activity. Notwithstanding any law
2 to the contrary, a criminal justice agency may comply with
3 laws, court orders, and official requests of other
4 jurisdictions relating to sealing, correction, or confidential
5 handling of criminal history records or information derived
6 therefrom. This section does not confer any right to the
7 sealing of any criminal history record, and any request for
8 sealing a criminal history record may be denied at the sole
9 discretion of the court.
10 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
11 petition to a court to seal a criminal history record is
12 complete only when accompanied by:
13 (a) A certificate of eligibility for sealing issued by
14 the department pursuant to subsection (2).
15 (b) The petitioner's sworn statement attesting that
16 the petitioner:
17 1. Has never, prior to the date on which the petition
18 is filed, been adjudicated guilty of a criminal offense or
19 comparable ordinance violation or adjudicated delinquent for
20 committing a felony or a misdemeanor specified in s.
21 943.051(3)(b).
22 2. 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 3. 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, former s. 943.058, or from any
29 jurisdiction outside the state.
30 4. Is eligible for such a sealing to the best of his
31 or her knowledge or belief and does not have any other
33
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1 petition to seal or any petition to expunge pending before any
2 court.
3
4 Any person who knowingly provides false information on such
5 sworn statement to the court commits a felony of the third
6 degree, punishable as provided in s. 775.082, s. 775.083, or
7 s. 775.084.
8 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
9 petitioning the court to seal a criminal history record, a
10 person seeking to seal a criminal history record shall apply
11 to the department for a certificate of eligibility for
12 sealing. The department shall, by rule adopted pursuant to
13 chapter 120, establish procedures pertaining to the
14 application for and issuance of certificates of eligibility
15 for sealing. The department shall issue a certificate of
16 eligibility for sealing to a person who is the subject of a
17 criminal history record provided that such person:
18 (a) Has submitted to the department a certified copy
19 of the disposition of the charge to which the petition to seal
20 pertains.
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 never, prior to the date on which the
25 application for a certificate of eligibility is filed, been
26 adjudicated guilty of a criminal offense or comparable
27 ordinance violation or adjudicated delinquent for committing a
28 felony or a misdemeanor specified in s. 943.051(3)(b).
29 (d) Has not been adjudicated guilty of or adjudicated
30 delinquent for committing any of the acts stemming from the
31
34
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1 arrest or alleged criminal activity to which the petition to
2 seal pertains.
3 (e) Has never secured a prior sealing or expunction of
4 a criminal history record under this section, former s.
5 893.14, former s. 901.33, or former s. 943.058.
6 (f) Is no longer under court supervision applicable to
7 the disposition of the arrest or alleged criminal activity to
8 which the petition to seal pertains.
9 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
10 (a) In judicial proceedings under this section, a copy
11 of the completed petition to seal shall be served upon the
12 appropriate state attorney or the statewide prosecutor and
13 upon the arresting agency; however, it is not necessary to
14 make any agency other than the state a party. The appropriate
15 state attorney or the statewide prosecutor and the arresting
16 agency may respond to the court regarding the completed
17 petition to seal.
18 (b) If relief is granted by the court, the clerk of
19 the court shall certify copies of the order to the appropriate
20 state attorney or the statewide prosecutor and to the
21 arresting agency. The arresting agency is responsible for
22 forwarding the order to any other agency to which the
23 arresting agency disseminated the criminal history record
24 information to which the order pertains. The department shall
25 forward the order to seal to the Federal Bureau of
26 Investigation. The clerk of the court shall certify a copy of
27 the order to any other agency which the records of the court
28 reflect has received the criminal history record from the
29 court.
30 (c) For an order to seal entered by a court prior to
31 July 1, 1992, the department shall notify the appropriate
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1 state attorney or statewide prosecutor of any order to seal
2 which is contrary to law because the person who is the subject
3 of the record has previously been convicted of a crime or
4 comparable ordinance violation or has had a prior criminal
5 history record sealed or expunged. Upon receipt of such
6 notice, the appropriate state attorney or statewide prosecutor
7 shall take action, within 60 days, to correct the record and
8 petition the court to void the order to seal. The department
9 shall seal the record until such time as the order is voided
10 by the court.
11 (d) On or after July 1, 1992, the department or any
12 other criminal justice agency is not required to act on an
13 order to seal entered by a court when such order does not
14 comply with the requirements of this section. Upon receipt of
15 such an order, the department must notify the issuing court,
16 the appropriate state attorney or statewide prosecutor, the
17 petitioner or the petitioner's attorney, and the arresting
18 agency of the reason for noncompliance. The appropriate state
19 attorney or statewide prosecutor shall take action within 60
20 days to correct the record and petition the court to void the
21 order. No cause of action, including contempt of court, shall
22 arise against any criminal justice agency for failure to
23 comply with an order to seal when the petitioner for such
24 order failed to obtain the certificate of eligibility as
25 required by this section or when such order does not comply
26 with the requirements of this section.
27 (e) An order sealing a criminal history record
28 pursuant to this section does not require that such record be
29 surrendered to the court, and such record shall continue to be
30 maintained by the department and other criminal justice
31 agencies.
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1 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
2 criminal history record of a minor or an adult which is
3 ordered sealed by a court of competent jurisdiction pursuant
4 to this section is confidential and exempt from the provisions
5 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
6 and is available only to the person who is the subject of the
7 record, to the subject's attorney, to criminal justice
8 agencies for their respective criminal justice purposes, or to
9 those entities set forth in subparagraphs (a)1., 4., 5., and
10 6. for their respective licensing and employment purposes.
11 (a) The subject of a criminal history record sealed
12 under this section or under other provisions of law, including
13 former s. 893.14, former s. 901.33, and former s. 943.058, may
14 lawfully deny or fail to acknowledge the arrests covered by
15 the sealed record, except when the subject of the record:
16 1. Is a candidate for employment with a criminal
17 justice agency;
18 2. Is a defendant in a criminal prosecution;
19 3. Concurrently or subsequently petitions for relief
20 under this section or s. 943.0585;
21 4. Is a candidate for admission to The Florida Bar;
22 5. Is seeking to be employed or licensed by or to
23 contract with the Department of Children and Family Services
24 or the Department of Juvenile Justice or to be employed or
25 used by such contractor or licensee in a sensitive position
26 having direct contact with children, the developmentally
27 disabled, the aged, or the elderly as provided in s.
28 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
29 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
30 415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;
31 or
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1 6. Is seeking to be employed or licensed by the Office
2 of Teacher Education, Certification, Staff Development, and
3 Professional Practices of the Department of Education, any
4 district school board, or any local governmental entity which
5 licenses child care facilities.
6 (b) Subject to the exceptions in paragraph (a), a
7 person who has been granted a sealing under this section,
8 former s. 893.14, former s. 901.33, or former s. 943.058 may
9 not be held under any provision of law of this state to commit
10 perjury or to be otherwise liable for giving a false statement
11 by reason of such person's failure to recite or acknowledge a
12 sealed criminal history record.
13 (c) Information relating to the existence of a sealed
14 criminal record provided in accordance with the provisions of
15 paragraph (a) is confidential and exempt from the provisions
16 of s. 119.07(1) and s. 24(a), Art. I of the State
17 Constitution, except that the department shall disclose the
18 sealed criminal history record to the entities set forth in
19 subparagraphs (a)1., 4., 5., and 6. for their respective
20 licensing and employment purposes. It is unlawful for any
21 employee of an entity set forth in subparagraph (a)1.,
22 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
23 to disclose information relating to the existence of a sealed
24 criminal history record of a person seeking employment or
25 licensure with such entity or contractor, except to the person
26 to whom the criminal history record relates or to persons
27 having direct responsibility for employment or licensure
28 decisions. Any person who violates the provisions of this
29 paragraph commits a misdemeanor of the first degree,
30 punishable as provided in s. 775.082 or s. 775.083.
31
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1 (5) STATUTORY REFERENCES.--Any reference to any other
2 chapter, section, or subdivision of the Florida Statutes in
3 this section constitutes a general reference under the
4 doctrine of incorporation by reference.
5 Section 8. Paragraph (a) of subsection (2) of section
6 400.215, Florida Statutes, is amended, and paragraphs (b) and
7 (c) of subsection (2) and subsection (3) of that section are
8 reenacted for the purpose of incorporating the amendments to
9 sections 435.03 and 435.04, Florida Statutes, in references
10 thereto, to read:
11 400.215 Personnel screening requirement.--
12 (2) Employers and employees shall comply with the
13 requirements of s. 435.05.
14 (a) Notwithstanding the provisions of s. 435.05(1),
15 facilities must have in their possession evidence that level 1
16 screening has been completed before allowing an employee to
17 begin working with patients as provided in subsection (1). All
18 information necessary for conducting background screening
19 using level 1 standards as specified in s. 435.03(1) shall be
20 submitted by the nursing facility to the agency. Results of
21 the background screening shall be provided by the agency to
22 the requesting nursing facility.
23 (b) Employees qualified under the provisions of
24 paragraph (a) who have not maintained continuous residency
25 within the state for the 5 years immediately preceding the
26 date of request for background screening must complete level 2
27 screening, as provided in chapter 435. Such employees may work
28 in a conditional status up to 180 days pending the receipt of
29 written findings evidencing the completion of level 2
30 screening. Level 2 screening shall not be required of
31 employees or prospective employees who attest in writing under
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1 penalty of perjury that they meet the residency requirement.
2 Completion of level 2 screening shall require the employee or
3 prospective employee to furnish to the nursing facility a full
4 set of fingerprints to enable a criminal background
5 investigation to be conducted. The nursing facility shall
6 submit the completed fingerprint card to the agency. The
7 agency shall establish a record of the request in the database
8 provided for in paragraph (c) and forward the request to the
9 Department of Law Enforcement, which is authorized to submit
10 the fingerprints to the Federal Bureau of Investigation for a
11 national criminal history records check. The results of the
12 national criminal history records check shall be returned to
13 the agency, which shall maintain the results in the database
14 provided for in paragraph (c). The agency shall notify the
15 administrator of the requesting nursing facility or the
16 administrator of any other facility licensed under chapter
17 393, chapter 394, chapter 395, chapter 397, or this chapter,
18 as requested by such facility, as to whether or not the
19 employee has qualified under level 1 or level 2 screening. An
20 employee or prospective employee who has qualified under level
21 2 screening and has maintained such continuous residency
22 within the state shall not be required to complete a
23 subsequent level 2 screening as a condition of employment at
24 another facility.
25 (c) The agency shall establish and maintain a database
26 of background screening information which shall include the
27 results of both level 1 and level 2 screening. The Department
28 of Law Enforcement shall timely provide to the agency,
29 electronically, the results of each statewide screening for
30 incorporation into the database. The agency shall, upon
31 request from any facility, agency, or program required by or
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1 authorized by law to screen its employees or applicants,
2 notify the administrator of the facility, agency, or program
3 of the qualifying or disqualifying status of the employee or
4 applicant named in the request.
5 (3) The applicant is responsible for paying the fees
6 associated with obtaining the required screening. Payment for
7 the screening shall be submitted to the agency. The agency
8 shall establish a schedule of fees to cover the costs of level
9 1 and level 2 screening. Facilities may reimburse employees
10 for these costs. The Department of Law Enforcement shall
11 charge the agency for a level 1 or level 2 screening a rate
12 sufficient to cover the costs of such screening pursuant to s.
13 943.053(3). The agency shall, as allowable, reimburse nursing
14 facilities for the cost of conducting background screening as
15 required by this section. This reimbursement will not be
16 subject to any rate ceilings or payment targets in the
17 Medicaid Reimbursement plan.
18 Section 9. For the purpose of incorporating the
19 amendments to sections 435.03 and 435.04, Florida Statutes, in
20 references thereto, subsections (1) and (2) of section
21 400.964, Florida Statutes, are reenacted, and subsection (7)
22 of that section is amended and reenacted, to read:
23 400.964 Personnel screening requirement.--
24 (1) The agency shall require level 2 background
25 screening as provided in chapter 435 for all employees or
26 prospective employees of facilities licensed under this part
27 who are expected to be, or whose responsibilities are such
28 that they would be considered to be, a direct service
29 provider.
30 (2) Employers and employees shall comply with the
31 requirements of chapter 435.
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1 (7) All employees must comply with the requirements of
2 this section by October 1, 2000. A person employed by a
3 facility licensed pursuant to this part as of the effective
4 date of this act is not required to submit to rescreening if
5 the facility has in its possession written evidence that the
6 person has been screened and qualified according to level 1
7 standards as specified in s. 435.03(1). Any current employee
8 who meets the level 1 requirement but does not meet the 5-year
9 residency requirement must provide to the employing facility
10 written attestation under penalty of perjury that the employee
11 has not been convicted of a disqualifying offense in another
12 state or jurisdiction. All applicants hired on or after
13 October 1, 1999, must comply with the requirements of this
14 section.
15 Section 10. For the purposes of incorporating the
16 amendment to section 435.04, Florida Statutes, in references
17 thereto, paragraph (a) of subsection (1) of section 435.045,
18 Florida Statutes, is amended and reenacted to read:
19 435.045 Requirements for placement of dependent
20 children.--
21 (1)(a) Unless an election provided for in subsection
22 (2) is made with respect to the state, the department is
23 authorized to conduct criminal records checks equivalent to
24 the level 2 screening required in s. 435.04(1) for any person
25 being considered by the department for placement of a child
26 subject to a placement decision pursuant to chapter 39.
27 Approval shall not be granted:
28 1. In any case in which a record check reveals a
29 felony conviction for child abuse, abandonment, or neglect;
30 for spousal abuse; for a crime against children, including
31 child pornography, or for a crime involving violence,
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1 including rape, sexual assault, or homicide but not including
2 other physical assault or battery, if the department finds
3 that a court of competent jurisdiction has determined that the
4 felony was committed at any time; and
5 2. In any case in which a record check reveals a
6 felony conviction for physical assault, battery, or a
7 drug-related offense, if the department finds that a court of
8 competent jurisdiction has determined that the felony was
9 committed within the past 5 years.
10 Section 11. For the purpose of incorporating the
11 amendment to sections 435.03 and 435.04, Florida Statutes, in
12 references thereto, paragraphs (f) and (g) of subsection (1)
13 of section 400.414, Florida Statutes, are reenacted to read:
14 400.414 Denial, revocation, or suspension of license;
15 imposition of administrative fine; grounds.--
16 (1) The agency may deny, revoke, or suspend any
17 license issued under this part, or impose an administrative
18 fine in the manner provided in chapter 120, for any of the
19 following actions by an assisted living facility, for the
20 actions of any person subject to level 2 background screening
21 under s. 400.4174, or for the actions of any facility
22 employee:
23 (f) A determination that a person subject to level 2
24 background screening under s. 400.4174(1) does not meet the
25 screening standards of s. 435.04 or that the facility is
26 retaining an employee subject to level 1 background screening
27 standards under s. 400.4174(2) who does not meet the screening
28 standards of s. 435.03 and for whom exemptions from
29 disqualification have not been provided by the agency.
30 (g) A determination that an employee, volunteer,
31 administrator, or owner, or person who otherwise has access to
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1 the residents of a facility does not meet the criteria
2 specified in s. 435.03(2), and the owner or administrator has
3 not taken action to remove the person. Exemptions from
4 disqualification may be granted as set forth in s. 435.07. No
5 administrative action may be taken against the facility if the
6 person is granted an exemption.
7
8 Administrative proceedings challenging agency action under
9 this subsection shall be reviewed on the basis of the facts
10 and conditions that resulted in the agency action.
11 Section 12. For the purpose of incorporating the
12 amendment to sections 435.03 and 435.04, Florida Statutes, in
13 references thereto, section 400.4174, Florida Statutes, is
14 reenacted to read:
15 400.4174 Background screening; exemptions.--
16 (1)(a) Level 2 background screening must be conducted
17 on each of the following persons, who shall be considered
18 employees for the purposes of conducting screening under
19 chapter 435:
20 1. The facility owner if an individual, the
21 administrator, and the financial officer.
22 2. An officer or board member if the facility owner is
23 a firm, corporation, partnership, or association, or any
24 person owning 5 percent or more of the facility if the agency
25 has probable cause to believe that such person has been
26 convicted of any offense prohibited by s. 435.04. For each
27 officer, board member, or person owning 5 percent or more who
28 has been convicted of any such offense, the facility shall
29 submit to the agency a description and explanation of the
30 conviction at the time of license application. This
31 subparagraph does not apply to a board member of a
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1 not-for-profit corporation or organization if the board member
2 serves solely in a voluntary capacity, does not regularly take
3 part in the day-to-day operational decisions of the
4 corporation or organization, receives no remuneration for his
5 or her services, and has no financial interest and has no
6 family members with a financial interest in the corporation or
7 organization, provided that the board member and facility
8 submit a statement affirming that the board member's
9 relationship to the facility satisfies the requirements of
10 this subparagraph.
11 (b) Proof of compliance with level 2 screening
12 standards which has been submitted within the previous 5 years
13 to meet any facility or professional licensure requirements of
14 the agency or the Department of Health satisfies the
15 requirements of this subsection, provided that such proof is
16 accompanied, under penalty of perjury, by an affidavit of
17 compliance with the provisions of chapter 435. Proof of
18 compliance with the background screening requirements of the
19 Financial Services Commission and the Office of Insurance
20 Regulation for applicants for a certificate of authority to
21 operate a continuing care retirement community under chapter
22 651, submitted within the last 5 years, satisfies the
23 Department of Law Enforcement and Federal Bureau of
24 Investigation portions of a level 2 background check.
25 (c) The agency may grant a provisional license to a
26 facility applying for an initial license when each individual
27 required by this subsection to undergo screening has completed
28 the Department of Law Enforcement background checks, but has
29 not yet received results from the Federal Bureau of
30 Investigation, or when a request for an exemption from
31
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1 disqualification has been submitted to the agency pursuant to
2 s. 435.07, but a response has not been issued.
3 (2) The owner or administrator of an assisted living
4 facility must conduct level 1 background screening, as set
5 forth in chapter 435, on all employees hired on or after
6 October 1, 1998, who perform personal services as defined in
7 s. 400.402(17). The agency may exempt an individual from
8 employment disqualification as set forth in chapter 435. Such
9 persons shall be considered as having met this requirement if:
10 (a) Proof of compliance with level 1 screening
11 requirements obtained to meet any professional license
12 requirements in this state is provided and accompanied, under
13 penalty of perjury, by a copy of the person's current
14 professional license and an affidavit of current compliance
15 with the background screening requirements.
16 (b) The person required to be screened has been
17 continuously employed in the same type of occupation for which
18 the person is seeking employment without a breach in service
19 which exceeds 180 days, and proof of compliance with the level
20 1 screening requirement which is no more than 2 years old is
21 provided. Proof of compliance shall be provided directly from
22 one employer or contractor to another, and not from the person
23 screened. Upon request, a copy of screening results shall be
24 provided by the employer retaining documentation of the
25 screening to the person screened.
26 (c) The person required to be screened is employed by
27 a corporation or business entity or related corporation or
28 business entity that owns, operates, or manages more than one
29 facility or agency licensed under this chapter, and for whom a
30 level 1 screening was conducted by the corporation or business
31 entity as a condition of initial or continued employment.
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1 Section 13. For the purpose of incorporating the
2 amendment to sections 435.03 and 435.04, Florida Statutes, in
3 references thereto, paragraphs (a), (b), (c), (d), (f), and
4 (g) of subsection (4) of section 400.509, Florida Statutes,
5 are reenacted to read:
6 400.509 Registration of particular service providers
7 exempt from licensure; certificate of registration; regulation
8 of registrants.--
9 (4) Each applicant for registration must comply with
10 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 1 standards for screening set forth
14 in chapter 435, of every individual who will have contact with
15 the client. The agency shall require background screening of
16 the managing employee or other similarly titled individual who
17 is responsible for the operation of the entity, and of the
18 financial officer or other similarly titled individual who is
19 responsible for the financial operation of the entity,
20 including billings for client services in accordance with the
21 level 2 standards for background screening as set forth in
22 chapter 435.
23 (b) The agency may require background screening of any
24 other individual who is affiliated with the applicant if the
25 agency has a reasonable basis for believing that he or she has
26 been convicted of a crime or has committed any other offense
27 prohibited under the level 2 standards for screening set forth
28 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 or assisted living licensure requirements of this
2 state is acceptable in fulfillment of paragraph (a).
3 (d) A provisional registration may be granted to an
4 applicant when each individual required by this section to
5 undergo background screening has met the standards for the
6 abuse-registry background check through the agency and the
7 Department of Law Enforcement background check, but the agency
8 has not yet received background screening results from the
9 Federal Bureau of Investigation. A standard registration may
10 be granted to the applicant upon the agency's receipt of a
11 report of the results of the Federal Bureau of Investigation
12 background screening for each individual required by this
13 section to undergo background screening which confirms that
14 all standards have been met, or upon the granting of a
15 disqualification exemption by the agency as set forth in
16 chapter 435. Any other person who is required to undergo level
17 2 background screening may serve in his or her capacity
18 pending the agency's receipt of the report from the Federal
19 Bureau of Investigation. However, the person may not continue
20 to serve if the report indicates any violation of background
21 screening standards and if a disqualification exemption has
22 not been requested of and granted by the agency as set forth
23 in chapter 435.
24 (f) Each applicant must submit to the agency a
25 description and explanation of any conviction of an offense
26 prohibited under the level 2 standards of chapter 435 which
27 was committed by a member of the board of directors of the
28 applicant, its officers, or any individual owning 5 percent or
29 more of the applicant. This requirement does not apply to a
30 director of a not-for-profit corporation or organization who
31 serves solely in a voluntary capacity for the corporation or
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1 organization, does not regularly take part in the day-to-day
2 operational decisions of the corporation or organization,
3 receives no remuneration for his or her services on the
4 corporation's or organization's board of directors, and has no
5 financial interest and no family members having a financial
6 interest in the corporation or organization, if the director
7 and the not-for-profit corporation or organization include in
8 the application a statement affirming that the director's
9 relationship to the corporation satisfies the requirements of
10 this paragraph.
11 (g) A registration may not be granted to an applicant
12 if the applicant or managing employee has been found guilty
13 of, regardless of adjudication, or has entered a plea of nolo
14 contendere or guilty to, any offense prohibited under the
15 level 2 standards for screening set forth in chapter 435,
16 unless an exemption from disqualification has been granted by
17 the agency as set forth in chapter 435.
18 Section 14. For the purpose of incorporating the
19 amendment to sections 435.03 and 435.04, Florida Statutes, in
20 references thereto, paragraph (c) of subsection (2) of section
21 400.556, Florida Statutes, is reenacted to read:
22 400.556 Denial, suspension, revocation of license;
23 administrative fines; investigations and inspections.--
24 (2) Each of the following actions by the owner of an
25 adult day care center or by its operator or employee is a
26 ground for action by the agency against the owner of the
27 center or its operator or employee:
28 (c) A failure of persons subject to level 2 background
29 screening under s. 400.4174(1) to meet the screening standards
30 of s. 435.04, or the retention by the center of an employee
31 subject to level 1 background screening standards under s.
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1 400.4174(2) who does not meet the screening standards of s.
2 435.03 and for whom exemptions from disqualification have not
3 been provided by the agency.
4 Section 15. For the purpose of incorporating the
5 amendment to sections 435.03 and 435.04, Florida Statutes, in
6 references thereto, subsections (1), (2), and (4) of section
7 400.6065, Florida Statutes, are reenacted to read:
8 400.6065 Background screening.--
9 (1) Upon receipt of a completed application under s.
10 400.606, the agency shall require level 2 background screening
11 on each of the following persons, who shall be considered
12 employees for the purposes of conducting screening under
13 chapter 435:
14 (a) The hospice administrator and financial officer.
15 (b) An officer or board member if the hospice is a
16 firm, corporation, partnership, or association, or any person
17 owning 5 percent or more of the hospice if the agency has
18 probable cause to believe that such officer, board member, or
19 owner has been convicted of any offense prohibited by s.
20 435.04. For each officer, board member, or person owning 5
21 percent or more who has been convicted of any such offense,
22 the hospice shall submit to the agency a description and
23 explanation of the conviction at the time of license
24 application. This paragraph does not apply to a board member
25 of a not-for-profit corporation or organization if the board
26 member serves solely in a voluntary capacity, does not
27 regularly take part in the day-to-day operational decisions of
28 the corporation or organization, receives no remuneration for
29 his 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 the
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1 corporation or organization submit a statement affirming that
2 the board member's relationship to the corporation or
3 organization satisfies the requirements of this paragraph.
4 (2) 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 section.
9 (4) The agency shall require employment or contractor
10 screening as provided in chapter 435, using the level 1
11 standards for screening set forth in that chapter, for hospice
12 personnel.
13 Section 16. For the purpose of incorporating the
14 amendment to sections 435.03 and 435.04, Florida Statutes, in
15 references thereto, paragraphs (a), (b), (c), (d), (f), and
16 (g) of subsection (4) of section 400.980, Florida Statutes,
17 are reenacted to read:
18 400.980 Health care services pools.--
19 (4) Each applicant for registration must comply with
20 the following requirements:
21 (a) Upon receipt of a completed, signed, and dated
22 application, the agency shall require background screening, in
23 accordance with the level 1 standards for screening set forth
24 in chapter 435, of every individual who will have contact with
25 patients. The agency shall require background screening of the
26 managing employee or other similarly titled individual who is
27 responsible for the operation of the entity, and of the
28 financial officer or other similarly titled individual who is
29 responsible for the financial operation of the entity,
30 including billings for services in accordance with the level 2
31
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1 standards for background screening as set forth in chapter
2 435.
3 (b) The agency may require background screening of any
4 other individual who is affiliated with the applicant if the
5 agency has a reasonable basis for believing that he or she has
6 been convicted of a crime or has committed any other offense
7 prohibited under the level 2 standards for screening set forth
8 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 paragraph (a).
14 (d) A provisional registration may be granted to an
15 applicant when each individual required by this section to
16 undergo background screening has met the standards for the
17 Department of Law Enforcement background check but the agency
18 has not yet received background screening results from the
19 Federal Bureau of Investigation. A standard registration may
20 be granted to the applicant upon the agency's receipt of a
21 report of the results of the Federal Bureau of Investigation
22 background screening for each individual required by this
23 section to undergo background screening which confirms that
24 all standards have been met, or upon the granting of a
25 disqualification exemption by the agency as set forth in
26 chapter 435. Any other person who is required to undergo level
27 2 background screening may serve in his or her capacity
28 pending the agency's receipt of the report from the Federal
29 Bureau of Investigation. However, the person may not continue
30 to serve if the report indicates any violation of background
31 screening standards and if a disqualification exemption has
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1 not been requested of and granted by the agency as set forth
2 in chapter 435.
3 (f) 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 which
6 was committed by a member of the board of directors of the
7 applicant, its officers, or any individual owning 5 percent or
8 more of the applicant. This requirement does not apply to a
9 director of a not-for-profit corporation or organization who
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 no family members having a financial
16 interest in the corporation or organization, if the director
17 and the not-for-profit corporation or organization include in
18 the application a statement affirming that the director's
19 relationship to the corporation satisfies the requirements of
20 this paragraph.
21 (g) A registration may not be granted to an applicant
22 if the applicant or managing employee has been found guilty
23 of, regardless of adjudication, or has entered a plea of nolo
24 contendere or guilty to, any offense prohibited under the
25 level 2 standards for screening set forth in chapter 435,
26 unless an exemption from disqualification has been granted by
27 the agency as set forth in chapter 435.
28 Section 17. For the purpose of incorporating the
29 amendment to sections 435.03 and 435.04, Florida Statutes, in
30 references thereto, paragraph (k) of subsection (2) of section
31 409.175, Florida Statutes, is reenacted to read:
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1 409.175 Licensure of family foster homes, residential
2 child-caring agencies, and child-placing agencies; public
3 records exemption.--
4 (2) As used in this section, the term:
5 (k) "Screening" means the act of assessing the
6 background of personnel and includes, but is not limited to,
7 employment history checks as provided in chapter 435, using
8 the level 2 standards for screening set forth in that chapter.
9 Screening for employees and volunteers in summer day camps and
10 summer 24-hour camps and screening for all volunteers included
11 under the definition of "personnel" shall be conducted as
12 provided in chapter 435, using the level 1 standards set forth
13 in that chapter.
14 Section 18. For the purpose of incorporating the
15 amendment to sections 435.03 and 435.04, Florida Statutes, in
16 references thereto, paragraph (d) of subsection (8) of section
17 409.907, Florida Statutes, is reenacted to read:
18 409.907 Medicaid provider agreements.--The agency may
19 make payments for medical assistance and related services
20 rendered to Medicaid recipients only to an individual or
21 entity who has a provider agreement in effect with the agency,
22 who is performing services or supplying goods in accordance
23 with federal, state, and local law, and who agrees that no
24 person shall, on the grounds of handicap, race, color, or
25 national origin, or for any other reason, be subjected to
26 discrimination under any program or activity for which the
27 provider receives payment from the agency.
28 (8)
29 (d) Proof of compliance with the requirements of level
30 2 screening under s. 435.04 conducted within 12 months prior
31 to the date that the Medicaid provider application is
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1 submitted to the agency shall fulfill the requirements of this
2 subsection. Proof of compliance with the requirements of level
3 1 screening under s. 435.03 conducted within 12 months prior
4 to the date that the Medicaid provider application is
5 submitted to the agency shall meet the requirement that the
6 Department of Law Enforcement conduct a state criminal history
7 record check.
8 Section 19. For the purpose of incorporating the
9 amendment to sections 435.03 and 435.04, Florida Statutes, in
10 references thereto, subsections (1) and (3) of section 435.05,
11 Florida Statutes, are reenacted to read:
12 435.05 Requirements for covered employees.--Except as
13 otherwise provided by law, the following requirements shall
14 apply to covered employees:
15 (1)(a) Every person employed in a position for which
16 employment screening is required must, within 5 working days
17 after starting to work, submit to the employer a complete set
18 of information necessary to conduct a screening under this
19 section.
20 (b) For level 1 screening, the employer must submit
21 the information necessary for screening to the Florida
22 Department of Law Enforcement within 5 working days after
23 receiving it. The Florida Department of Law Enforcement will
24 conduct a search of its records and will respond to the
25 employer agency. The employer will inform the employee whether
26 screening has revealed any disqualifying information.
27 (c) For level 2 screening, the employer or licensing
28 agency must submit the information necessary for screening to
29 the Florida Department of Law Enforcement within 5 working
30 days after receiving it. The Florida Department of Law
31 Enforcement will conduct a search of its criminal and juvenile
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1 records and will request that the Federal Bureau of
2 Investigation conduct a search of its records for each
3 employee for whom the request is made. The Florida Department
4 of Law Enforcement will respond to the employer or licensing
5 agency, and the employer or licensing agency will inform the
6 employee whether screening has revealed disqualifying
7 information.
8 (d) The person whose background is being checked must
9 supply any missing criminal or other necessary information to
10 the employer within 30 days after the employer makes a request
11 for the information or be subject to automatic
12 disqualification.
13 (3) Each employer required to conduct level 2
14 background screening must sign an affidavit annually, under
15 penalty of perjury, stating that all covered employees have
16 been screened or are newly hired and are awaiting the results
17 of the required screening checks.
18 Section 20. For the purpose of incorporating the
19 amendment to sections 435.03 and 435.04, Florida Statutes, in
20 references thereto, section 744.3135, Florida Statutes, as
21 amended by chapter 2003-402, Laws of Florida, is reenacted to
22 read:
23 744.3135 Credit and criminal investigation.--The court
24 may require a nonprofessional guardian and shall require a
25 professional or public guardian, and all employees of a
26 professional guardian who have a fiduciary responsibility to a
27 ward, to submit, at their own expense, to an investigation of
28 the guardian's credit history and to undergo level 2
29 background screening as required under s. 435.04. The clerk of
30 the court shall obtain fingerprint cards from the Federal
31 Bureau of Investigation and make them available to guardians.
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1 Any guardian who is so required shall have his or her
2 fingerprints taken and forward the proper fingerprint card
3 along with the necessary fee to the Florida Department of Law
4 Enforcement for processing. The professional guardian shall
5 pay to the clerk of the court a fee of up to $7.50 for
6 handling and processing professional guardian files. The
7 results of the fingerprint checks shall be forwarded to the
8 clerk of court who shall maintain the results in a guardian
9 file and shall make the results available to the court. If
10 credit or criminal investigations are required, the court must
11 consider the results of the investigations in appointing a
12 guardian. Professional guardians and all employees of a
13 professional guardian who have a fiduciary responsibility to a
14 ward, so appointed, must resubmit, at their own expense, to an
15 investigation of credit history, and undergo level 1
16 background screening as required under s. 435.03, at least
17 every 2 years after the date of their appointment. At any
18 time, the court may require guardians or their employees to
19 submit to an investigation of credit history and undergo level
20 1 background screening as required under s. 435.03. The court
21 must consider the results of these investigations in
22 reappointing a guardian. This section shall not apply to a
23 professional guardian, or to the employees of a professional
24 guardian, that is a trust company, a state banking corporation
25 or state savings association authorized and qualified to
26 exercise fiduciary powers in this state, or a national banking
27 association or federal savings and loan association authorized
28 and qualified to exercise fiduciary powers in this state
29 Section 21. For the purpose of incorporating the
30 amendment to sections 435.03 and 435.04, Florida Statutes, in
31
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1 references thereto, subsection (2) of section 985.04, Florida
2 Statutes, is reenacted to read:
3 985.04 Oaths; records; confidential information.--
4 (2) Records maintained by the Department of Juvenile
5 Justice, including copies of records maintained by the court,
6 which pertain to a child found to have committed a delinquent
7 act which, if committed by an adult, would be a crime
8 specified in ss. 435.03 and 435.04 may not be destroyed
9 pursuant to this section for a period of 25 years after the
10 youth's final referral to the department, except in cases of
11 the death of the child. Such records, however, shall be sealed
12 by the court for use only in meeting the screening
13 requirements for personnel in s. 402.3055 and the other
14 sections cited above, or pursuant to departmental rule;
15 however, current criminal history information must be obtained
16 from the Department of Law Enforcement in accordance with s.
17 943.053. The information shall be released to those persons
18 specified in the above cited sections for the purposes of
19 complying with those sections. The court may punish by
20 contempt any person who releases or uses the records for any
21 unauthorized purpose.
22 Section 22. For the purpose of incorporating the
23 amendment to section 435.03, Florida Statutes, in references
24 thereto, section 400.512, Florida Statutes, is reenacted to
25 read:
26 400.512 Screening of home health agency personnel;
27 nurse registry personnel; and companions and homemakers.--The
28 agency shall require employment or contractor screening as
29 provided in chapter 435, using the level 1 standards for
30 screening set forth in that chapter, for home health agency
31 personnel; persons referred for employment by nurse
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1 registries; and persons employed by companion or homemaker
2 services registered under s. 400.509.
3 (1)(a) The Agency for Health Care Administration may,
4 upon request, grant exemptions from disqualification from
5 employment or contracting under this section as provided in s.
6 435.07, except for health care practitioners licensed by the
7 Department of Health or a regulatory board within that
8 department.
9 (b) The appropriate regulatory board within the
10 Department of Health, or that department itself when there is
11 no board, may, upon request of the licensed health care
12 practitioner, grant exemptions from disqualification from
13 employment or contracting under this section as provided in s.
14 435.07.
15 (2) The administrator of each home health agency, the
16 managing employee of each nurse registry, and the managing
17 employee of each companion or homemaker service registered
18 under s. 400.509 must sign an affidavit annually, under
19 penalty of perjury, stating that all personnel hired,
20 contracted with, or registered on or after October 1, 1994,
21 who enter the home of a patient or client in their service
22 capacity have been screened and that its remaining personnel
23 have worked for the home health agency or registrant
24 continuously since before October 1, 1994.
25 (3) As a prerequisite to operating as a home health
26 agency, nurse registry, or companion or homemaker service
27 under s. 400.509, the administrator or managing employee,
28 respectively, must submit to the agency his or her name and
29 any other information necessary to conduct a complete
30 screening according to this section. The agency shall submit
31 the information to the Department of Law Enforcement for state
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1 processing. The agency shall review the record of the
2 administrator or manager with respect to the offenses
3 specified in this section and shall notify the owner of its
4 findings. If disposition information is missing on a criminal
5 record, the administrator or manager, upon request of the
6 agency, must obtain and supply within 30 days the missing
7 disposition information to the agency. Failure to supply
8 missing information within 30 days or to show reasonable
9 efforts to obtain such information will result in automatic
10 disqualification.
11 (4) Proof of compliance with the screening
12 requirements of chapter 435 shall be accepted in lieu of the
13 requirements of this section if the person has been
14 continuously employed or registered without a breach in
15 service that exceeds 180 days, the proof of compliance is not
16 more than 2 years old, and the person has been screened by the
17 Department of Law Enforcement. A home health agency, nurse
18 registry, or companion or homemaker service registered under
19 s. 400.509 shall directly provide proof of compliance to
20 another home health agency, nurse registry, or companion or
21 homemaker service registered under s. 400.509. The recipient
22 home health agency, nurse registry, or companion or homemaker
23 service registered under s. 400.509 may not accept any proof
24 of compliance directly from the person who requires screening.
25 Proof of compliance with the screening requirements of this
26 section shall be provided upon request to the person screened
27 by the home health agencies; nurse registries; or companion or
28 homemaker services registered under s. 400.509.
29 (5) There is no monetary liability on the part of, and
30 no cause of action for damages arises against, a licensed home
31 health agency, licensed nurse registry, or companion or
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1 homemaker service registered under s. 400.509, that, upon
2 notice that the employee or contractor has been found guilty
3 of, regardless of adjudication, or entered a plea of nolo
4 contendere or guilty to, any offense prohibited under s.
5 435.03 or under any similar statute of another jurisdiction,
6 terminates the employee or contractor, whether or not the
7 employee or contractor has filed for an exemption with the
8 agency in accordance with chapter 435 and whether or not the
9 time for filing has expired.
10 (6) The costs of processing the statewide
11 correspondence criminal records checks must be borne by the
12 home health agency; the nurse registry; or the companion or
13 homemaker service registered under s. 400.509, or by the
14 person being screened, at the discretion of the home health
15 agency, nurse registry, or s. 400.509 registrant.
16 (7)(a) It is a misdemeanor of the first degree,
17 punishable under s. 775.082 or s. 775.083, for any person
18 willfully, knowingly, or intentionally to:
19 1. Fail, by false statement, misrepresentation,
20 impersonation, or other fraudulent means, to disclose in any
21 application for voluntary or paid employment a material fact
22 used in making a determination as to such person's
23 qualifications to be an employee under this section;
24 2. Operate or attempt to operate an entity licensed or
25 registered under this part with persons who do not meet the
26 minimum standards for good moral character as contained in
27 this section; or
28 3. Use information from the criminal records obtained
29 under this section for any purpose other than screening that
30 person for employment as specified in this section or release
31
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1 such information to any other person for any purpose other
2 than screening for employment under this section.
3 (b) It is a felony of the third degree, punishable
4 under s. 775.082, s. 775.083, or s. 775.084, for any person
5 willfully, knowingly, or intentionally to use information from
6 the juvenile records of a person obtained under this section
7 for any purpose other than screening for employment under this
8 section.
9 Section 23. For the purpose of incorporating the
10 amendment to section 435.03, Florida Statutes, in references
11 thereto, subsection (4) of section 400.619, Florida Statutes,
12 is reenacted to read:
13 400.619 Licensure application and renewal.--
14 (4) Upon receipt of a completed license application or
15 license renewal, and the fee, the agency shall initiate a
16 level 1 background screening as provided under chapter 435 on
17 the adult family-care home provider, the designated relief
18 person, all adult household members, and all staff members.
19 The agency shall conduct an onsite visit to the home that is
20 to be licensed.
21 (a) Proof of compliance with level 1 screening
22 standards which has been submitted within the previous 5 years
23 to meet any facility or professional licensure requirements of
24 the agency or the Department of Health satisfies the
25 requirements of this subsection. Such proof must be
26 accompanied, under penalty of perjury, by a copy of the
27 person's current professional license and an affidavit of
28 current compliance with the background screening requirements.
29 (b) The person required to be screened must have been
30 continuously employed in the same type of occupation for which
31 the person is seeking employment without a breach in service
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1 that exceeds 180 days, and proof of compliance with the level
2 1 screening requirement which is no more than 2 years old must
3 be provided. Proof of compliance shall be provided directly
4 from one employer or contractor to another, and not from the
5 person screened. Upon request, a copy of screening results
6 shall be provided to the person screened by the employer
7 retaining documentation of the screening.
8 Section 24. For the purpose of incorporating the
9 amendment to section 435.03, Florida Statutes, in references
10 thereto, subsection (1) of section 400.6194, Florida Statutes,
11 is reenacted to read:
12 400.6194 Denial, revocation, or suspension of a
13 license.--The agency may deny, suspend, or revoke a license
14 for any of the following reasons:
15 (1) Failure of any of the persons required to undergo
16 background screening under s. 400.619 to meet the level 1
17 screening standards of s. 435.03, unless an exemption from
18 disqualification has been provided by the agency.
19 Section 25. For the purpose of incorporating the
20 amendment to section 435.03, Florida Statutes, in references
21 thereto, section 400.953, Florida Statutes, is reenacted to
22 read:
23 400.953 Background screening of home medical equipment
24 provider personnel.--The agency shall require employment
25 screening as provided in chapter 435, using the level 1
26 standards for screening set forth in that chapter, for home
27 medical equipment provider personnel.
28 (1) The agency may grant exemptions from
29 disqualification from employment under this section as
30 provided in s. 435.07.
31
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1 (2) The general manager of each home medical equipment
2 provider must sign an affidavit annually, under penalty of
3 perjury, stating that all home medical equipment provider
4 personnel hired on or after July 1, 1999, who enter the home
5 of a patient in the capacity of their employment have been
6 screened and that its remaining personnel have worked for the
7 home medical equipment provider continuously since before July
8 1, 1999.
9 (3) Proof of compliance with the screening
10 requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.
11 397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.
12 985.407 or this part must be accepted in lieu of the
13 requirements of this section if the person has been
14 continuously employed in the same type of occupation for which
15 he or she is seeking employment without a breach in service
16 that exceeds 180 days, the proof of compliance is not more
17 than 2 years old, and the person has been screened by the
18 Department of Law Enforcement. An employer or contractor shall
19 directly provide proof of compliance to another employer or
20 contractor, and a potential employer or contractor may not
21 accept any proof of compliance directly from the person
22 requiring screening. Proof of compliance with the screening
23 requirements of this section shall be provided, upon request,
24 to the person screened by the home medical equipment provider.
25 (4) There is no monetary liability on the part of, and
26 no cause of action for damages arising against, a licensed
27 home medical equipment provider that, upon notice that an
28 employee has been found guilty of, regardless of adjudication,
29 or entered a plea of nolo contendere or guilty to, any offense
30 prohibited under s. 435.03 or under any similar statute of
31 another jurisdiction, terminates the employee, whether or not
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1 the employee has filed for an exemption with the agency and
2 whether or not the time for filing has expired.
3 (5) The costs of processing the statewide
4 correspondence criminal records checks must be borne by the
5 home medical equipment provider or by the person being
6 screened, at the discretion of the home medical equipment
7 provider.
8 (6) Neither the agency nor the home medical equipment
9 provider may use the criminal records or juvenile records of a
10 person for any purpose other than determining whether that
11 person meets minimum standards of good moral character for
12 home medical equipment provider personnel.
13 (7)(a) It is a misdemeanor of the first degree,
14 punishable as provided in s. 775.082 or s. 775.083, for any
15 person willfully, knowingly, or intentionally to:
16 1. Fail, by false statement, misrepresentation,
17 impersonation, or other fraudulent means, to disclose in any
18 application for paid employment a material fact used in making
19 a determination as to the person's qualifications to be an
20 employee under this section;
21 2. Operate or attempt to operate an entity licensed
22 under this part with persons who do not meet the minimum
23 standards for good moral character as contained in this
24 section; or
25 3. Use information from the criminal records obtained
26 under this section for any purpose other than screening that
27 person for employment as specified in this section, or release
28 such information to any other person for any purpose other
29 than screening for employment under this section.
30 (b) It is a felony of the third degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084, for any
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1 person willfully, knowingly, or intentionally to use
2 information from the juvenile records of a person obtained
3 under this section for any purpose other than screening for
4 employment under this section.
5 Section 26. For the purpose of incorporating the
6 amendment to section 435.03, Florida Statutes, in references
7 thereto, subsection (32) of section 409.912, Florida Statutes,
8 is reenacted to read:
9 409.912 Cost-effective purchasing of health care.--The
10 agency shall purchase goods and services for Medicaid
11 recipients in the most cost-effective manner consistent with
12 the delivery of quality medical care. The agency shall
13 maximize the use of prepaid per capita and prepaid aggregate
14 fixed-sum basis services when appropriate and other
15 alternative service delivery and reimbursement methodologies,
16 including competitive bidding pursuant to s. 287.057, designed
17 to facilitate the cost-effective purchase of a case-managed
18 continuum of care. The agency shall also require providers to
19 minimize the exposure of recipients to the need for acute
20 inpatient, custodial, and other institutional care and the
21 inappropriate or unnecessary use of high-cost services. The
22 agency may establish prior authorization requirements for
23 certain populations of Medicaid beneficiaries, certain drug
24 classes, or particular drugs to prevent fraud, abuse, overuse,
25 and possible dangerous drug interactions. The Pharmaceutical
26 and Therapeutics Committee shall make recommendations to the
27 agency on drugs for which prior authorization is required. The
28 agency shall inform the Pharmaceutical and Therapeutics
29 Committee of its decisions regarding drugs subject to prior
30 authorization.
31
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1 (32) Each managed care plan that is under contract
2 with the agency to provide health care services to Medicaid
3 recipients shall annually conduct a background check with the
4 Florida Department of Law Enforcement of all persons with
5 ownership interest of 5 percent or more or executive
6 management responsibility for the managed care plan and shall
7 submit to the agency information concerning any such person
8 who has been found guilty of, regardless of adjudication, or
9 has entered a plea of nolo contendere or guilty to, any of the
10 offenses listed in s. 435.03.
11 Section 27. For the purpose of incorporating the
12 amendment to section 435.03, Florida Statutes, in references
13 thereto, subsection (4) of section 435.07, Florida Statutes,
14 is reenacted to read:
15 435.07 Exemptions from disqualification.--Unless
16 otherwise provided by law, the provisions of this section
17 shall apply to exemptions from disqualification.
18 (4) Disqualification from employment under subsection
19 (1) may not be removed from, nor may an exemption be granted
20 to, any personnel who is found guilty of, regardless of
21 adjudication, or who has entered a plea of nolo contendere or
22 guilty to, any felony covered by s. 435.03 solely by reason of
23 any pardon, executive clemency, or restoration of civil
24 rights.
25 Section 28. For the purpose of incorporating the
26 amendment to section 435.03, Florida Statutes, in references
27 thereto, paragraph (e) of subsection (1) of section 464.018,
28 Florida Statutes, is reenacted to read:
29 464.018 Disciplinary actions.--
30
31
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1 (1) The following acts constitute grounds for denial
2 of a license or disciplinary action, as specified in s.
3 456.072(2):
4 (e) Having been found guilty of, regardless of
5 adjudication, or entered a plea of nolo contendere or guilty
6 to, any offense prohibited under s. 435.03 or under any
7 similar statute of another jurisdiction; or having committed
8 an act which constitutes domestic violence as defined in s.
9 741.28.
10 Section 29. For the purpose of incorporating the
11 amendment to section 435.03, Florida Statutes, in references
12 thereto, subsection (3) of section 744.309, Florida Statutes,
13 is reenacted to read:
14 744.309 Who may be appointed guardian of a resident
15 ward.--
16 (3) DISQUALIFIED PERSONS.--No person who has been
17 convicted of a felony or who, from any incapacity or illness,
18 is incapable of discharging the duties of a guardian, or who
19 is otherwise unsuitable to perform the duties of a guardian,
20 shall be appointed to act as guardian. Further, no person who
21 has been judicially determined to have committed abuse,
22 abandonment, or neglect against a child as defined in s. 39.01
23 or s. 984.03(1), (2), and (37), or who has been found guilty
24 of, regardless of adjudication, or entered a plea of nolo
25 contendere or guilty to, any offense prohibited under s.
26 435.03 or under any similar statute of another jurisdiction,
27 shall be appointed to act as a guardian. Except as provided in
28 subsection (5) or subsection (6), a person who provides
29 substantial services to the proposed ward in a professional or
30 business capacity, or a creditor of the proposed ward, may not
31 be appointed guardian and retain that previous professional or
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1 business relationship. A person may not be appointed a
2 guardian if he or she is in the employ of any person, agency,
3 government, or corporation that provides service to the
4 proposed ward in a professional or business capacity, except
5 that a person so employed may be appointed if he or she is the
6 spouse, adult child, parent, or sibling of the proposed ward
7 or the court determines that the potential conflict of
8 interest is insubstantial and that the appointment would
9 clearly be in the proposed ward's best interest. The court may
10 not appoint a guardian in any other circumstance in which a
11 conflict of interest may occur.
12 Section 30. For the purpose of incorporating the
13 amendment to section 435.03, Florida Statutes, in references
14 thereto, subsection (12) of section 744.474, Florida Statutes,
15 is reenacted to read:
16 744.474 Reasons for removal of guardian.--A guardian
17 may be removed for any of the following reasons, and the
18 removal shall be in addition to any other penalties prescribed
19 by law:
20 (12) Having been found guilty of, regardless of
21 adjudication, or entered a plea of nolo contendere or guilty
22 to, any offense prohibited under s. 435.03 or under any
23 similar statute of another jurisdiction.
24 Section 31. For the purpose of incorporating the
25 amendment to section 435.03, Florida Statutes, in references
26 thereto, subsection (4) of section 985.407, Florida Statutes,
27 is reenacted to read:
28 985.407 Departmental contracting powers; personnel
29 standards and screening.--
30 (4) The department shall require employment screening
31 pursuant to chapter 435, using the level 1 standards for
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1 screening set forth in that chapter, for personnel in
2 delinquency facilities, services, and programs.
3 Section 32. For the purpose of incorporating the
4 amendment to section 435.04, Florida Statutes, in references
5 thereto, paragraph (b) of subsection (2) of section 39.001,
6 Florida Statutes, is reenacted to read:
7 39.001 Purposes and intent; personnel standards and
8 screening.--
9 (2) DEPARTMENT CONTRACTS.--The department may contract
10 with the Federal Government, other state departments and
11 agencies, county and municipal governments and agencies,
12 public and private agencies, and private individuals and
13 corporations in carrying out the purposes of, and the
14 responsibilities established in, this chapter.
15 (b) The department shall require employment screening,
16 and rescreening no less frequently than once every 5 years,
17 pursuant to chapter 435, using the level 2 standards set forth
18 in that chapter for personnel in programs for children or
19 youths.
20 Section 33. For the purpose of incorporating the
21 amendment to section 435.04, Florida Statutes, in references
22 thereto, subsection (1) of section 39.821, Florida Statutes,
23 is reenacted to read:
24 39.821 Qualifications of guardians ad litem.--
25 (1) Because of the special trust or responsibility
26 placed in a guardian ad litem, the Guardian Ad Litem Program
27 may use any private funds collected by the program, or any
28 state funds so designated, to conduct a security background
29 investigation before certifying a volunteer to serve. A
30 security background investigation must include, but need not
31 be limited to, employment history checks, checks of
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1 references, local criminal records checks through local law
2 enforcement agencies, and statewide criminal records checks
3 through the Department of Law Enforcement. Upon request, an
4 employer shall furnish a copy of the personnel record for the
5 employee or former employee who is the subject of a security
6 background investigation conducted under this section. The
7 information contained in the personnel record may include, but
8 need not be limited to, disciplinary matters and the reason
9 why the employee was terminated from employment. An employer
10 who releases a personnel record for purposes of a security
11 background investigation is presumed to have acted in good
12 faith and is not liable for information contained in the
13 record without a showing that the employer maliciously
14 falsified the record. A security background investigation
15 conducted under this section must ensure that a person is not
16 certified as a guardian ad litem if the person has been
17 convicted of, regardless of adjudication, or entered a plea of
18 nolo contendere or guilty to, any offense prohibited under the
19 provisions of the Florida Statutes specified in s. 435.04(2)
20 or under any similar law in another jurisdiction. Before
21 certifying an applicant to serve as a guardian ad litem, the
22 chief judge of the circuit court may request a federal
23 criminal records check of the applicant through the Federal
24 Bureau of Investigation. In analyzing and evaluating the
25 information obtained in the security background investigation,
26 the program must give particular emphasis to past activities
27 involving children, including, but not limited to,
28 child-related criminal offenses or child abuse. The program
29 has the sole discretion in determining whether to certify a
30 person based on his or her security background investigation.
31
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1 The information collected pursuant to the security background
2 investigation is confidential and exempt from s. 119.07(1).
3 Section 34. For the purpose of incorporating the
4 amendment to section 435.04, Florida Statutes, in references
5 thereto, paragraphs (a) and (c) of subsection (3) of section
6 110.1127, Florida Statutes, are reenacted to read:
7 110.1127 Employee security checks.--
8 (3)(a) All positions in programs providing care to
9 children, the developmentally disabled, or vulnerable adults
10 for 15 hours or more per week; all permanent and temporary
11 employee positions of the central abuse hotline; and all
12 persons working under contract who have access to abuse
13 records are deemed to be persons and positions of special
14 trust or responsibility, and require employment screening
15 pursuant to chapter 435, using the level 2 standards set forth
16 in that chapter.
17 (c) All persons and employees in such positions of
18 trust or responsibility shall be required to undergo security
19 background investigations as a condition of employment and
20 continued employment. For the purposes of this subsection,
21 security background investigations shall be conducted as
22 provided in chapter 435, using the level 2 standards for
23 screening set forth in that chapter.
24 Section 35. For the purpose of incorporating the
25 amendment to section 435.04, Florida Statutes, in references
26 thereto, paragraph (a) of subsection (12) of section 112.0455,
27 Florida Statutes, is reenacted to read:
28 112.0455 Drug-Free Workplace Act.--
29 (12) DRUG-TESTING STANDARDS; LABORATORIES.--
30 (a) A laboratory may analyze initial or confirmation
31 drug specimens only if:
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1 1. The laboratory is licensed and approved by the
2 Agency for Health Care Administration using criteria
3 established by the United States Department of Health and
4 Human Services as general guidelines for modeling the state
5 drug testing program. Each applicant for licensure must comply
6 with the following requirements:
7 a. Upon receipt of a completed, signed, and dated
8 application, the agency shall require background screening, in
9 accordance with the level 2 standards for screening set forth
10 in chapter 435, of the managing employee, or other similarly
11 titled individual responsible for the daily operation of the
12 laboratory, and of the financial officer, or other similarly
13 titled individual who is responsible for the financial
14 operation of the laboratory, including billings for services.
15 The applicant must comply with the procedures for level 2
16 background screening as set forth in chapter 435, as well as
17 the requirements of s. 435.03(3).
18 b. The agency may require background screening of any
19 other individual who is an applicant if the agency has
20 probable cause to believe that he or she has been convicted of
21 an offense prohibited under the level 2 standards for
22 screening set forth in chapter 435.
23 c. Proof of compliance with the level 2 background
24 screening requirements of chapter 435 which has been submitted
25 within the previous 5 years in compliance with any other
26 health care licensure requirements of this state is acceptable
27 in fulfillment of screening requirements.
28 d. A provisional license may be granted to an
29 applicant when each individual required by this section to
30 undergo background screening has met the standards for the
31 Department of Law Enforcement background check, but the agency
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1 has not yet received background screening results from the
2 Federal Bureau of Investigation, or a request for a
3 disqualification exemption has been submitted to the agency as
4 set forth in chapter 435, but a response has not yet been
5 issued. A license may be granted to the applicant upon the
6 agency's receipt of a report of the results of the Federal
7 Bureau of Investigation background screening for each
8 individual required by this section to undergo background
9 screening which confirms that all standards have been met, or
10 upon the granting of a disqualification exemption by the
11 agency as set forth in chapter 435. Any other person who is
12 required to undergo level 2 background screening may serve in
13 his or her capacity pending the agency's receipt of the report
14 from the Federal Bureau of Investigation. However, the person
15 may not continue to serve if the report indicates any
16 violation of background screening standards and a
17 disqualification exemption has not been requested of and
18 granted by the agency as set forth in chapter 435.
19 e. Each applicant must submit to the agency, with its
20 application, a description and explanation of any exclusions,
21 permanent suspensions, or terminations of the applicant from
22 the Medicare or Medicaid programs. Proof of compliance with
23 the requirements for disclosure of ownership and control
24 interests under the Medicaid or Medicare programs shall be
25 accepted in lieu of this submission.
26 f. Each applicant must submit to the agency a
27 description and explanation of any conviction of an offense
28 prohibited under the level 2 standards of chapter 435 by a
29 member of the board of directors of the applicant, its
30 officers, or any individual owning 5 percent or more of the
31 applicant. This requirement does not apply to a director of a
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1 not-for-profit corporation or organization if the director
2 serves solely in a voluntary capacity for the corporation or
3 organization, does not regularly take part in the day-to-day
4 operational decisions of the corporation or organization,
5 receives no remuneration for his or her services on the
6 corporation or organization's board of directors, and has no
7 financial interest and has no family members with a financial
8 interest in the corporation or organization, provided that the
9 director and the not-for-profit corporation or organization
10 include in the application a statement affirming that the
11 director's relationship to the corporation satisfies the
12 requirements of this sub-subparagraph.
13 g. A license may not be granted to any applicant if
14 the applicant or managing employee has been found guilty of,
15 regardless of adjudication, or has entered a plea of nolo
16 contendere or guilty to, any offense prohibited under the
17 level 2 standards for screening set forth in chapter 435,
18 unless an exemption from disqualification has been granted by
19 the agency as set forth in chapter 435.
20 h. The agency may deny or revoke licensure if the
21 applicant:
22 (I) Has falsely represented a material fact in the
23 application required by sub-subparagraph e. or
24 sub-subparagraph f., or has omitted any material fact from the
25 application required by sub-subparagraph e. or
26 sub-subparagraph f.; or
27 (II) Has had prior action taken against the applicant
28 under the Medicaid or Medicare program as set forth in
29 sub-subparagraph e.
30 i. An application for license renewal must contain the
31 information required under sub-subparagraphs e. and f.
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1 2. The laboratory has written procedures to ensure
2 chain of custody.
3 3. The laboratory follows proper quality control
4 procedures, including, but not limited to:
5 a. The use of internal quality controls including the
6 use of samples of known concentrations which are used to check
7 the performance and calibration of testing equipment, and
8 periodic use of blind samples for overall accuracy.
9 b. An internal review and certification process for
10 drug test results, conducted by a person qualified to perform
11 that function in the testing laboratory.
12 c. Security measures implemented by the testing
13 laboratory to preclude adulteration of specimens and drug test
14 results.
15 d. Other necessary and proper actions taken to ensure
16 reliable and accurate drug test results.
17 Section 36. For the purpose of incorporating the
18 amendment to section 435.04, Florida Statutes, in references
19 thereto, subsections (1), (2), and (4) of section 381.0059,
20 Florida Statutes, are reenacted to read:
21 381.0059 Background screening requirements for school
22 health services personnel.--
23 (1) Pursuant to the provisions of chapter 435, any
24 person who provides services under a school health services
25 plan pursuant to s. 381.0056 must meet level 2 screening
26 requirements as described in s. 435.04. A person may satisfy
27 the requirements of this subsection by submitting proof of
28 compliance with the requirements of level 2 screening
29 conducted within 12 months before the date that person
30 initially provides services under a school health services
31 plan.
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1 (2) A person may provide services under a school
2 health services plan pursuant to s. 381.0056 prior to the
3 completion of level 2 screening. However, pending the results
4 of the screening, such person may not be alone with a minor.
5 (4) Under penalty of perjury, each person who provides
6 services under a school health plan pursuant to s. 381.0056
7 must attest to meeting the level 2 screening requirements for
8 participation under the plan and agree to inform his or her
9 employer immediately if convicted of any disqualifying offense
10 while providing services under a plan.
11 Section 37. For the purpose of incorporating the
12 amendment to section 435.04, Florida Statutes, in references
13 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
14 subsection (1) of section 381.60225, Florida Statutes, are
15 reenacted to read:
16 381.60225 Background screening.--
17 (1) Each applicant for certification must comply with
18 the following requirements:
19 (a) Upon receipt of a completed, signed, and dated
20 application, the Agency for Health Care Administration shall
21 require background screening, in accordance with the level 2
22 standards for screening set forth in chapter 435, of the
23 managing employee, or other similarly titled individual
24 responsible for the daily operation of the organization,
25 agency, or entity, and financial officer, or other similarly
26 titled individual who is responsible for the financial
27 operation of the organization, agency, or entity, including
28 billings for services. The applicant must comply with the
29 procedures for level 2 background screening as set forth in
30 chapter 435, as well as the requirements of s. 435.03(3).
31
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1 (b) The Agency for Health Care Administration may
2 require background screening of any other individual who is an
3 applicant if the Agency for Health Care Administration has
4 probable cause to believe that he or she has been convicted of
5 a crime or has committed any other offense prohibited under
6 the level 2 standards for screening set forth in chapter 435.
7 (c) Proof of compliance with the level 2 background
8 screening requirements of chapter 435 which has been submitted
9 within the previous 5 years in compliance with any other
10 health care licensure requirements of this state is acceptable
11 in fulfillment of the requirements of paragraph (a).
12 (d) A provisional certification may be granted to the
13 organization, agency, or entity when each individual required
14 by this section to undergo background screening has met the
15 standards for the Department of Law Enforcement background
16 check, but the agency has not yet received background
17 screening results from the Federal Bureau of Investigation, or
18 a request for a disqualification exemption has been submitted
19 to the agency as set forth in chapter 435, but a response has
20 not yet been issued. A standard certification may be granted
21 to the organization, agency, or entity upon the agency's
22 receipt of a report of the results of the Federal Bureau of
23 Investigation background screening for each individual
24 required by this section to undergo background screening which
25 confirms that all standards have been met, or upon the
26 granting of a disqualification exemption by the agency as set
27 forth in chapter 435. Any other person who is required to
28 undergo level 2 background screening may serve in his or her
29 capacity pending the agency's receipt of the report from the
30 Federal Bureau of Investigation. However, the person may not
31 continue to serve if the report indicates any violation of
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1 background screening standards and a disqualification
2 exemption has not been requested of and granted by the agency
3 as set forth in 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) The agency may not certify any organization,
23 agency, or entity if any applicant or managing employee has
24 been found guilty of, regardless of adjudication, or has
25 entered a plea of nolo contendere or guilty to, any offense
26 prohibited under the level 2 standards for screening set forth
27 in chapter 435, unless an exemption from disqualification has
28 been granted by the agency as set forth in chapter 435.
29 Section 38. For the purpose of incorporating the
30 amendment to section 435.04, Florida Statutes, in references
31 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
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1 subsection (7) of section 383.305, Florida Statutes, are
2 reenacted to read:
3 383.305 Licensure; issuance, renewal, denial,
4 suspension, revocation; fees; background screening.--
5 (7) Each applicant for licensure must comply with the
6 following requirements:
7 (a) Upon receipt of a completed, signed, and dated
8 application, the agency shall require background screening, in
9 accordance with the level 2 standards for screening set forth
10 in chapter 435, of the managing employee, or other similarly
11 titled individual who is responsible for the daily operation
12 of the center, and of the financial officer, or other
13 similarly titled individual who is responsible for the
14 financial operation of the center, including billings for
15 patient care and services. The applicant must comply with the
16 procedures for level 2 background screening as set forth in
17 chapter 435 as well as the requirements of s. 435.03(3).
18 (b) The agency may require background screening of any
19 other individual who is an applicant if the agency has
20 probable cause to believe that he or she has been convicted of
21 a crime or has committed any other offense prohibited under
22 the level 2 standards for screening set forth in chapter 435.
23 (c) Proof of compliance with the level 2 background
24 screening requirements of chapter 435 which has been submitted
25 within the previous 5 years in compliance with any other
26 health care licensure requirements of this state is acceptable
27 in fulfillment of the requirements of paragraph (a).
28 (d) A provisional license may be granted to an
29 applicant when each individual required by this section to
30 undergo background screening has met the standards for the
31 Department of Law Enforcement background check, but the agency
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1 has not yet received background screening results from the
2 Federal Bureau of Investigation, or a request for a
3 disqualification exemption has been submitted to the agency as
4 set forth in chapter 435 but a response has not yet been
5 issued. A standard license may be granted to the applicant
6 upon the agency's receipt of a report of the results of the
7 Federal Bureau of Investigation background screening for each
8 individual required by this section to undergo background
9 screening which confirms that all standards have been met, or
10 upon the granting of a disqualification exemption by the
11 agency as set forth in chapter 435. Any other person who is
12 required to undergo level 2 background screening may serve in
13 his or her capacity pending the agency's receipt of the report
14 from the Federal Bureau of Investigation. However, the person
15 may not continue to serve if the report indicates any
16 violation of background screening standards and a
17 disqualification exemption has not been requested of and
18 granted by the agency as set forth in chapter 435.
19 (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 by a
22 member of the board of directors of the applicant, its
23 officers, or any individual owning 5 percent or more of the
24 applicant. This requirement does not apply to a director of a
25 not-for-profit corporation or organization if the director
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 or organization's board of directors, and has no
31 financial interest and has no family members with a financial
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1 interest in the corporation or organization, provided that the
2 director and the not-for-profit corporation or organization
3 include in the application a statement affirming that the
4 director's relationship to the corporation satisfies the
5 requirements of this paragraph.
6 (g) A license may not be granted to an applicant if
7 the applicant or managing employee has been found guilty of,
8 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 39. For the purpose of incorporating the
14 amendment to section 435.04, Florida Statutes, in references
15 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
16 subsection (3) of section 390.015, Florida Statutes, are
17 reenacted to read:
18 390.015 Application for license.--
19 (3) Each applicant for licensure must comply with the
20 following requirements:
21 (a) Upon receipt of a completed, signed, and dated
22 application, the agency shall require background screening, in
23 accordance with the level 2 standards for screening set forth
24 in chapter 435, of the managing employee, or other similarly
25 titled individual who is responsible for the daily operation
26 of the clinic, and financial officer, or other similarly
27 titled individual who is responsible for the financial
28 operation of the clinic, including billings for patient care
29 and services. The applicant must comply with the procedures
30 for level 2 background screening as set forth in chapter 435,
31 as well as the requirements of s. 435.03(3).
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1 (b) The agency may require background screening of any
2 other individual who is an applicant if the agency has
3 probable cause to believe that he or she has been convicted of
4 a crime or has committed any other offense prohibited under
5 the level 2 standards for screening set forth in chapter 435.
6 (c) Proof of compliance with the level 2 background
7 screening requirements of chapter 435 which has been submitted
8 within the previous 5 years in compliance with any other
9 health care licensure requirements of this state is acceptable
10 in fulfillment of the requirements of paragraph (a).
11 (d) A provisional license may be granted to an
12 applicant when each individual required by this section to
13 undergo background screening has met the standards for the
14 Department of Law Enforcement background check, but the agency
15 has not yet received background screening results from the
16 Federal Bureau of Investigation, or a request for a
17 disqualification exemption has been submitted to the agency as
18 set forth in chapter 435 but a response has not yet been
19 issued. A standard license may be granted to the applicant
20 upon the agency's receipt of a report of the results of the
21 Federal Bureau of Investigation background screening for each
22 individual required by this section to undergo background
23 screening which confirms that all standards have been met, or
24 upon the granting of a disqualification exemption by the
25 agency as set forth in chapter 435. Any other person who is
26 required to undergo level 2 background screening may serve in
27 his or her capacity pending the agency's receipt of the report
28 from the Federal Bureau of Investigation. However, the person
29 may not continue to serve if the report indicates any
30 violation of background screening standards and a
31
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1 disqualification exemption has not been requested of and
2 granted by the agency as set forth in chapter 435.
3 (f) 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 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 paragraph.
21 (g) A license may not be granted to an applicant if
22 the applicant or managing employee has been found guilty of,
23 regardless of adjudication, or has entered a plea of nolo
24 contendere or guilty to, any offense prohibited under the
25 level 2 standards for screening set forth in chapter 435,
26 unless an exemption from disqualification has been granted by
27 the agency as set forth in chapter 435.
28 Section 40. For the purpose of incorporating the
29 amendment to section 435.04, Florida Statutes, in references
30 thereto, subsection (1) of section 393.0655, Florida Statutes,
31 is reenacted to read:
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1 393.0655 Screening of direct service providers.--
2 (1) MINIMUM STANDARDS.--The department shall require
3 employment screening pursuant to chapter 435, using the level
4 2 standards for screening set forth in that chapter, for
5 direct service providers who are unrelated to their clients.
6 Section 41. For the purpose of incorporating the
7 amendment to section 435.04, Florida Statutes, in references
8 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
9 subsection (6) of section 393.067, Florida Statutes, are
10 reenacted to read:
11 393.067 Licensure of residential facilities and
12 comprehensive transitional education programs.--
13 (6) Each applicant for licensure as an intermediate
14 care facility for the developmentally disabled must comply
15 with 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 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 center, including billings for
24 resident care and services. The applicant must comply with the
25 procedures for level 2 background screening as set forth in
26 chapter 435, 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 42. Paragraph (a) of subsection (1) of section
23 394.4572, Florida Statutes, is amended to read:
24 394.4572 Screening of mental health personnel.--
25 (1)(a) The department and the Agency for Health Care
26 Administration shall require employment screening for mental
27 health personnel using the standards for level 2 screening set
28 forth in chapter 435. "Mental health personnel" includes all
29 program directors, professional clinicians, staff members, and
30 volunteers working in public or private mental health programs
31 and facilities who have direct contact with unmarried patients
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1 under the age of 18 years. For the purpose of this chapter,
2 employment screening of mental health personnel also includes,
3 but is not limited to, employment history checks as provided
4 in chapter 435.
5 Section 43. 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 (13) of section 394.875, Florida Statutes, are
9 reenacted to read:
10 394.875 Crisis stabilization units, residential
11 treatment facilities, and residential treatment centers for
12 children and adolescents; authorized services; license
13 required; penalties.--
14 (13) 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 and financial
20 officer, or other similarly titled individual who is
21 responsible for the financial operation of the facility,
22 including billings for client care and services. The applicant
23 must comply with the procedures for level 2 background
24 screening as set forth in chapter 435, as well as the
25 requirements of s. 435.03(3).
26 (b) The agency may require background screening of any
27 other individual who is an applicant if the agency 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 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 44. For the purpose of incorporating the
23 amendment to section 435.04, Florida Statutes, in references
24 thereto, subsections (1), (2), (3), (4), (6), and (8) of
25 section 395.0055, Florida Statutes, are reenacted to read:
26 395.0055 Background screening.--Each applicant for
27 licensure must comply with the following requirements:
28 (1) Upon receipt of a completed, signed, and dated
29 application, the agency shall require background screening of
30 the managing employee in accordance with the level 2 standards
31
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1 for screening set forth in chapter 435, as well as the
2 requirements of s. 435.03(3).
3 (2) The agency may require background screening for a
4 member of the board of directors of the licensee, or an
5 officer or an individual owning 5 percent or more of the
6 licensee, if the agency has probable cause to believe that
7 such individual has been convicted of an offense prohibited
8 under the level 2 standards for screening set forth in chapter
9 435.
10 (3) Proof of compliance with the level 2 background
11 screening requirements of chapter 435 which has been submitted
12 within the previous 5 years in compliance with any other
13 health care licensure requirements of this state is acceptable
14 in fulfillment of subsection (1).
15 (4) 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, or a request for a
21 disqualification exemption has been submitted to the agency as
22 set forth in chapter 435 but a response has not yet been
23 issued. A standard license may be granted to the applicant
24 upon the agency's receipt of a report of the results of the
25 Federal Bureau of Investigation background screening for each
26 individual required by this section to undergo background
27 screening which confirms that all standards have been met, or
28 upon the granting of a disqualification exemption by the
29 agency as set forth in chapter 435. Any other person who is
30 required to undergo level 2 background screening may serve in
31 his or her capacity pending the agency's receipt of the report
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1 from the Federal Bureau of Investigation; however, the person
2 may not continue to serve if the report indicates any
3 violation of background screening standards and a
4 disqualification exemption has not been requested of and
5 granted by the agency as set forth in chapter 435.
6 (6) Each applicant must submit to the agency a
7 description and explanation of any conviction of an offense
8 prohibited under the level 2 standards of chapter 435 by a
9 member of the board of directors of the applicant, its
10 officers, or any individual owning 5 percent or more of the
11 applicant.
12 (8) A license may not be granted to an applicant if
13 the applicant or managing employee has been found guilty of,
14 regardless of adjudication, or has entered a plea of nolo
15 contendere or guilty to, any offense prohibited under the
16 level 2 standards for screening set forth in chapter 435,
17 unless an exemption from disqualification has been granted by
18 the agency as set forth in chapter 435.
19 Section 45. For the purpose of incorporating the
20 amendment to section 435.04, Florida Statutes, in references
21 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
22 subsection (4) of section 395.0199, Florida Statutes, are
23 reenacted to read:
24 395.0199 Private utilization review.--
25 (4) Each applicant for registration must comply with
26 the following requirements:
27 (a) Upon receipt of a completed, signed, and dated
28 application, the agency shall require background screening, in
29 accordance with the level 2 standards for screening set forth
30 in chapter 435, of the managing employee or other similarly
31 titled individual who is responsible for the operation of the
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1 entity. The applicant must comply with the procedures for
2 level 2 background screening as set forth in chapter 435, as
3 well as the requirements of s. 435.03(3).
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 licensure requirements of this state is acceptable
13 in fulfillment of the requirements of paragraph (a).
14 (d) A provisional registration may be granted to an
15 applicant when each individual required by this section to
16 undergo background screening has met the standards for the
17 Department of Law Enforcement background check, but the agency
18 has not yet received background screening results from the
19 Federal Bureau of Investigation, or a request for a
20 disqualification exemption has been submitted to the agency as
21 set forth in chapter 435 but a response has not yet been
22 issued. A standard registration may be granted to the
23 applicant upon the agency's receipt of a report of the results
24 of the Federal Bureau of Investigation background screening
25 for each individual required by this section to undergo
26 background screening which confirms that all standards have
27 been met, or upon the granting of a disqualification exemption
28 by the agency as set forth in chapter 435. Any other person
29 who is required to undergo level 2 background screening may
30 serve in his or her capacity pending the agency's receipt of
31 the report from the Federal Bureau of Investigation. However,
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1 the person may not continue to serve if the report indicates
2 any violation of background screening standards and a
3 disqualification exemption has not been requested of and
4 granted by the agency as set forth in chapter 435.
5 (f) Each applicant must submit to the agency a
6 description and explanation of any conviction of an offense
7 prohibited under the level 2 standards of chapter 435 by a
8 member of the board of directors of the applicant, its
9 officers, or any individual owning 5 percent or more of the
10 applicant. This requirement does not apply to a director of a
11 not-for-profit corporation or organization if the director
12 serves solely in a voluntary capacity for the corporation or
13 organization, does not regularly take part in the day-to-day
14 operational decisions of the corporation or organization,
15 receives no remuneration for his or her services on the
16 corporation or organization's board of directors, and has no
17 financial interest and has no family members with a financial
18 interest in the corporation or organization, provided that the
19 director and the not-for-profit corporation or organization
20 include in the application a statement affirming that the
21 director's relationship to the corporation satisfies the
22 requirements of this paragraph.
23 (g) A registration may not be granted to an applicant
24 if the applicant or managing employee has been found guilty
25 of, regardless of adjudication, or has entered a plea of nolo
26 contendere or guilty to, any offense prohibited under the
27 level 2 standards for screening set forth in chapter 435,
28 unless an exemption from disqualification has been granted by
29 the agency as set forth in chapter 435.
30 Section 46. For the purpose of incorporating the
31 amendment to section 435.04, Florida Statutes, in references
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1 thereto, paragraph (a) of subsection (1) of section 397.451,
2 Florida Statutes, is reenacted to read:
3 397.451 Background checks of service provider
4 personnel.--
5 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
6 EXCEPTIONS.--
7 (a) Background checks shall apply as follows:
8 1. All owners, directors, and chief financial officers
9 of service providers are subject to level 2 background
10 screening as provided under chapter 435.
11 2. All service provider personnel who have direct
12 contact with children receiving services or with adults who
13 are developmentally disabled receiving services are subject to
14 level 2 background screening as provided under chapter 435.
15 Section 47. For the purpose of incorporating the
16 amendment to section 435.04, Florida Statutes, in references
17 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection
18 (4) of section 400.071, Florida Statutes, are reenacted to
19 read:
20 400.071 Application for license.--
21 (4) Each applicant for licensure must comply with the
22 following requirements:
23 (a) Upon receipt of a completed, signed, and dated
24 application, the agency shall require background screening of
25 the applicant, in accordance with the level 2 standards for
26 screening set forth in chapter 435. As used in this
27 subsection, the term "applicant" means the facility
28 administrator, or similarly titled individual who is
29 responsible for the day-to-day operation of the licensed
30 facility, and the facility financial officer, or similarly
31
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1 titled individual who is responsible for the financial
2 operation of the licensed facility.
3 (b) The agency may require background screening for a
4 member of the board of directors of the licensee or an officer
5 or an individual owning 5 percent or more of the licensee if
6 the agency has probable cause to believe that such individual
7 has been convicted of an offense prohibited under the level 2
8 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 paragraph (a). Proof of
14 compliance with background screening which has been submitted
15 within the previous 5 years to fulfill the requirements of the
16 Financial Services Commission and the Office of Insurance
17 Regulation pursuant to chapter 651 as part of an application
18 for a certificate of authority to operate a continuing care
19 retirement community is acceptable in fulfillment of the
20 Department of Law Enforcement and Federal Bureau of
21 Investigation background check.
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 (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 shall 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 Section 48. 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 (4) of section 400.471, Florida Statutes, are
5 reenacted to read:
6 400.471 Application for license; fee; provisional
7 license; temporary permit.--
8 (4) 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 of
12 the applicant, in accordance with the level 2 standards for
13 screening set forth in chapter 435. As used in this
14 subsection, the term "applicant" means the administrator, or a
15 similarly titled person who is responsible for the day-to-day
16 operation of the licensed home health agency, and the
17 financial officer, or similarly titled individual who is
18 responsible for the financial operation of the licensed home
19 health agency.
20 (b) The agency may require background screening for a
21 member of the board of directors of the licensee or an officer
22 or an individual owning 5 percent or more of the licensee if
23 the agency reasonably suspects that such individual has been
24 convicted of an offense prohibited under the level 2 standards
25 for screening set forth in chapter 435.
26 (c) Proof of compliance with the level 2 background
27 screening requirements of chapter 435 which has been submitted
28 within the previous 5 years in compliance with any other
29 health care or assisted living licensure requirements of this
30 state is acceptable in fulfillment of paragraph (a). Proof of
31 compliance with background screening which has been submitted
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1 within the previous 5 years to fulfill the requirements of the
2 Financial Services Commission and the Office of Insurance
3 Regulation pursuant to chapter 651 as part of an application
4 for a certificate of authority to operate a continuing care
5 retirement community is acceptable in fulfillment of the
6 Department of Law Enforcement and Federal Bureau of
7 Investigation background check.
8 (d) A provisional license may be granted to an
9 applicant when each individual required by this section to
10 undergo background screening has met the standards for the
11 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 license may be
14 granted to the licensee upon the agency's receipt of a report
15 of the results of the Federal Bureau of Investigation
16 background screening for each individual required by this
17 section to undergo background screening which confirms that
18 all standards have been met, or upon the granting of a
19 disqualification exemption by the agency as set forth in
20 chapter 435. Any other person who is required to undergo level
21 2 background screening may serve in his or her capacity
22 pending the agency's receipt of the report from the Federal
23 Bureau of Investigation. However, the person may not continue
24 to serve if the report indicates any violation of background
25 screening standards and a disqualification exemption has not
26 been requested of and granted by the agency as set forth in
27 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, administrator, or financial officer has been
17 found guilty of, regardless of adjudication, or has entered a
18 plea of nolo contendere or guilty to, any offense prohibited
19 under the level 2 standards for screening set forth in chapter
20 435, unless an exemption from disqualification has been
21 granted by the agency as set forth in chapter 435.
22 Section 49. 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 (2) of section 400.506, Florida Statutes, are
26 reenacted to read:
27 400.506 Licensure of nurse registries; requirements;
28 penalties.--
29 (2) Each applicant for licensure must comply with the
30 following requirements:
31
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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 nurse registry, and of the financial officer, or other
7 similarly titled individual who is responsible for the
8 financial operation of the registry, including billings for
9 patient care and services. The applicant shall comply with the
10 procedures for level 2 background screening as set forth in
11 chapter 435.
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 or assisted living licensure requirements of this
21 state is acceptable in fulfillment of the requirements of
22 paragraph (a).
23 (d) A provisional license may be granted to an
24 applicant when each individual required by this section to
25 undergo background screening has met the standards for the
26 Department of Law Enforcement background check but the agency
27 has not yet received background screening results from the
28 Federal Bureau of Investigation. A standard license may be
29 granted to the applicant upon the agency's receipt of a report
30 of the results of the Federal Bureau of Investigation
31 background screening for each individual required by this
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1 section to undergo background screening which confirms that
2 all standards have been met, or upon the granting of a
3 disqualification exemption by the agency as set forth in
4 chapter 435. Any other person who is required to undergo level
5 2 background screening may serve in his or her capacity
6 pending the agency's receipt of the report from the Federal
7 Bureau of Investigation. However, the person may not continue
8 to serve if the report indicates any violation of background
9 screening standards and a disqualification exemption has not
10 been requested of and granted by the agency as set forth in
11 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 50. For the purpose of incorporating the
7 amendment to section 435.04, Florida Statutes, in references
8 thereto, section 400.5572, Florida Statutes, is reenacted to
9 read:
10 400.5572 Background screening.--
11 (1)(a) Level 2 background screening must be conducted
12 on each of the following persons, who shall be considered
13 employees for the purposes of conducting screening under
14 chapter 435:
15 1. The adult day care center owner if an individual,
16 the operator, and the financial officer.
17 2. An officer or board member if the owner of the
18 adult day care center is a firm, corporation, partnership, or
19 association, or any person owning 5 percent or more of the
20 facility, if the agency has probable cause to believe that
21 such person has been convicted of any offense prohibited by s.
22 435.04. For each officer, board member, or person owning 5
23 percent or more who has been convicted of any such offense,
24 the facility shall submit to the agency a description and
25 explanation of the conviction at the time of license
26 application. This subparagraph does not apply to a board
27 member of a not-for-profit corporation or organization if the
28 board member serves solely in a voluntary capacity, does not
29 regularly take part in the day-to-day operational decisions of
30 the corporation or organization, receives no remuneration for
31 his or her services, and has no financial interest and has no
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1 family members with a financial interest in the corporation or
2 organization, provided that the board member and facility
3 submit a statement affirming that the board member's
4 relationship to the facility satisfies the requirements of
5 this subparagraph.
6 (b) Proof of compliance with level 2 screening
7 standards which has been submitted within the previous 5 years
8 to meet any facility or professional licensure requirements of
9 the agency or the Department of Health satisfies the
10 requirements of this subsection.
11 (c) The agency may grant a provisional license to an
12 adult day care center applying for an initial license when
13 each individual required by this subsection to undergo
14 screening has completed the Department of Law Enforcement
15 background check, but has not yet received results from the
16 Federal Bureau of Investigation, or when a request for an
17 exemption from disqualification has been submitted to the
18 agency pursuant to s. 435.07, but a response has not been
19 issued.
20 (2) The owner or administrator of an adult day care
21 center must conduct level 1 background screening as set forth
22 in chapter 435 on all employees hired on or after October 1,
23 1998, who provide basic services or supportive and optional
24 services to the participants. Such persons satisfy this
25 requirement if:
26 (a) Proof of compliance with level 1 screening
27 requirements obtained to meet any professional license
28 requirements in this state is provided and accompanied, under
29 penalty of perjury, by a copy of the person's current
30 professional license and an affidavit of current compliance
31 with the background screening requirements.
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1 (b) The person required to be screened has been
2 continuously employed, without a breach in service that
3 exceeds 180 days, in the same type of occupation for which the
4 person is seeking employment and provides proof of compliance
5 with the level 1 screening requirement which is no more than 2
6 years old. Proof of compliance must be provided directly from
7 one employer or contractor to another, and not from the person
8 screened. Upon request, a copy of screening results shall be
9 provided to the person screened by the employer retaining
10 documentation of the screening.
11 (c) The person required to be screened is employed by
12 a corporation or business entity or related corporation or
13 business entity that owns, operates, or manages more than one
14 facility or agency licensed under this chapter, and for whom a
15 level 1 screening was conducted by the corporation or business
16 entity as a condition of initial or continued employment.
17 Section 51. For the purpose of incorporating the
18 amendment to section 435.04, Florida Statutes, in references
19 thereto, paragraph (a) of subsection (3) of section 400.607,
20 Florida Statutes, is reenacted to read:
21 400.607 Denial, suspension, or revocation of license;
22 imposition of administrative fine; grounds; injunctions.--
23 (3) The agency may deny or revoke a license upon a
24 determination that:
25 (a) Persons subject to level 2 background screening
26 under s. 400.6065 do not meet the screening standards of s.
27 435.04, and exemptions from disqualification have not been
28 provided by the agency.
29 Section 52. For the purpose of incorporating the
30 amendment to section 435.04, Florida Statutes, in references
31 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
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1 subsection (4) of section 400.801, Florida Statutes, are
2 reenacted to read:
3 400.801 Homes for special services.--
4 (4) Each applicant for licensure must comply with the
5 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 2 standards for screening set forth
9 in chapter 435, of the managing employee, or other similarly
10 titled individual who is responsible for the daily operation
11 of the facility, and of the financial officer, or other
12 similarly titled individual who is responsible for the
13 financial operation of the facility, including billings for
14 client care and services, in accordance with the level 2
15 standards for screening set forth in chapter 435. The
16 applicant must comply with the procedures for level 2
17 background screening as set forth in chapter 435.
18 (b) The agency may require background screening of any
19 other individual who is an applicant if the agency has
20 probable cause to believe that he or she has been convicted of
21 a crime or has committed any other offense prohibited under
22 the level 2 standards for screening set forth in chapter 435.
23 (c) Proof of compliance with the level 2 background
24 screening requirements of chapter 435 which has been submitted
25 within the previous 5 years in compliance with any other
26 health care or assisted living licensure requirements of this
27 state is acceptable in fulfillment of the requirements of
28 paragraph (a).
29 (d) A provisional license 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 Department of Law Enforcement background check, but the agency
2 has not yet received background screening results from the
3 Federal Bureau of Investigation, or a request for a
4 disqualification exemption has been submitted to the agency as
5 set forth in chapter 435, but a response has not yet been
6 issued. A standard license may be granted to the applicant
7 upon the agency's receipt of a report of the results of the
8 Federal Bureau of Investigation background screening for each
9 individual required by this section to undergo background
10 screening which confirms that all standards have been met, or
11 upon the granting of a disqualification exemption by the
12 agency as set forth in chapter 435. Any other person who is
13 required to undergo level 2 background screening may serve in
14 his or her capacity pending the agency's receipt of the report
15 from the Federal Bureau of Investigation. However, the person
16 may not continue to serve if the report indicates any
17 violation of background screening standards and a
18 disqualification exemption has not been requested of and
19 granted by the agency as set forth in chapter 435.
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 paragraph.
7 (g) A license may not be granted to an 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 Section 53. For the purpose of incorporating the
15 amendment to section 435.04, Florida Statutes, in references
16 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
17 subsection (3) of section 400.805, Florida Statutes, are
18 reenacted to read:
19 400.805 Transitional living facilities.--
20 (3) Each applicant for licensure must comply with the
21 following requirements:
22 (a) Upon receipt of a completed, signed, and dated
23 application, the agency shall require background screening, in
24 accordance with the level 2 standards for screening set forth
25 in chapter 435, of the managing employee, or other similarly
26 titled individual who is responsible for the daily operation
27 of the facility, and of the financial officer, or other
28 similarly titled individual who is responsible for the
29 financial operation of the facility, including billings for
30 client care and services. The applicant must comply with the
31
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1 procedures for level 2 background screening as set forth in
2 chapter 435.
3 (b) The agency may require background screening of any
4 other individual who is an applicant if the agency has
5 probable cause to believe that he or she has been convicted of
6 a crime or has committed any other offense prohibited under
7 the level 2 standards for screening set forth in chapter 435.
8 (c) Proof of compliance with the level 2 background
9 screening requirements of chapter 435 which has been submitted
10 within the previous 5 years in compliance with any other
11 health care or assisted living licensure requirements of this
12 state is acceptable in fulfillment of the requirements of
13 paragraph (a).
14 (d) A provisional license may be granted to an
15 applicant when each individual required by this section to
16 undergo background screening has met the standards for the
17 Department of Law Enforcement background check, but the agency
18 has not yet received background screening results from the
19 Federal Bureau of Investigation, or a request for a
20 disqualification exemption has been submitted to the agency as
21 set forth in chapter 435, but a response has not yet been
22 issued. A standard license may be granted to the applicant
23 upon the agency's receipt of a report of the results of the
24 Federal Bureau of Investigation background screening for each
25 individual required by this section to undergo background
26 screening which confirms that all standards have been met, or
27 upon the granting of a disqualification exemption by the
28 agency as set forth in chapter 435. Any other person who is
29 required to undergo level 2 background screening may serve in
30 his or her capacity pending the agency's receipt of the report
31 from the Federal Bureau of Investigation. However, the person
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1 may not continue to serve if the report indicates any
2 violation of background screening standards and a
3 disqualification exemption has not been requested of and
4 granted by the agency as set forth in chapter 435.
5 (f) Each applicant must submit to the agency a
6 description and explanation of any conviction of an offense
7 prohibited under the level 2 standards of chapter 435 by a
8 member of the board of directors of the applicant, its
9 officers, or any individual owning 5 percent or more of the
10 applicant. This requirement does not apply to a director of a
11 not-for-profit corporation or organization if the director
12 serves solely in a voluntary capacity for the corporation or
13 organization, does not regularly take part in the day-to-day
14 operational decisions of the corporation or organization,
15 receives no remuneration for his or her services on the
16 corporation or organization's board of directors, and has no
17 financial interest and has no family members with a financial
18 interest in the corporation or organization, provided that the
19 director and the not-for-profit corporation or organization
20 include in the application a statement affirming that the
21 director's relationship to the corporation satisfies the
22 requirements of this paragraph.
23 (g) A license may not be granted to an applicant if
24 the applicant or managing employee has been found guilty of,
25 regardless of adjudication, or has entered a plea of nolo
26 contendere or guilty to, any offense prohibited under the
27 level 2 standards for screening set forth in chapter 435,
28 unless an exemption from disqualification has been granted by
29 the agency as set forth in chapter 435.
30 Section 54. 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 (5) of section 400.906, Florida Statutes, are
3 reenacted to read:
4 400.906 Initial application for license.--
5 (5) Each applicant for licensure must comply with the
6 following requirements:
7 (a) Upon receipt of a completed, signed, and dated
8 application, the agency shall require background screening, in
9 accordance with the level 2 standards for screening set forth
10 in chapter 435, of the operator, and of the financial officer,
11 or other similarly titled individual who is responsible for
12 the financial operation of the center, including billings for
13 patient care and services. The applicant must comply with the
14 procedures for level 2 background screening as set forth in
15 chapter 435, as well as the requirements of s. 435.03(3).
16 (b) The agency may require background screening of any
17 other individual who is an applicant if the agency has a
18 reasonable basis for believing that he or she has been
19 convicted of a crime or has committed any other offense
20 prohibited under the level 2 standards for screening set forth
21 in chapter 435.
22 (c) Proof of compliance with the level 2 background
23 screening requirements of chapter 435 which has been submitted
24 within the previous 5 years in compliance with any other
25 health care licensure requirements of this state is acceptable
26 in fulfillment of the requirements of paragraph (a).
27 (d) A provisional license may be granted to an
28 applicant when each individual required by this section to
29 undergo background screening has met the standards for the
30 Department of Law Enforcement background check, but the agency
31 has not yet received background screening results from the
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1 Federal Bureau of Investigation, or a request for a
2 disqualification exemption has been submitted to the agency as
3 set forth in chapter 435, but a response has not yet been
4 issued. A standard license may be granted to the applicant
5 upon the agency's receipt of a report of the results of the
6 Federal Bureau of Investigation background screening for each
7 individual required by this section to undergo background
8 screening which confirms that all standards have been met, or
9 upon the granting of a disqualification exemption by the
10 agency as set forth in chapter 435. Any other person who is
11 required to undergo level 2 background screening may serve in
12 his or her capacity pending the agency's receipt of the report
13 from the Federal Bureau of Investigation. However, the person
14 may not continue to serve if the report indicates any
15 violation of background screening standards and a
16 disqualification exemption has not been requested of and
17 granted by the agency as set forth in chapter 435.
18 (f) Each applicant must submit to the agency a
19 description and explanation of any conviction of an offense
20 prohibited under the level 2 standards of chapter 435 by a
21 member of the board of directors of the applicant, its
22 officers, or any individual owning 5 percent or more of the
23 applicant. This requirement does not apply to a director of a
24 not-for-profit corporation or organization if the director
25 serves solely in a voluntary capacity for the corporation or
26 organization, does not regularly take part in the day-to-day
27 operational decisions of the corporation or organization,
28 receives no remuneration for his or her services on the
29 corporation or organization's board of directors, and has no
30 financial interest and has no family members with a financial
31 interest in the corporation or organization, provided that the
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1 director and the not-for-profit corporation or organization
2 include in the application a statement affirming that the
3 director's relationship to the corporation satisfies the
4 requirements of this paragraph.
5 (g) 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 55. For the purpose of incorporating the
13 amendment to section 435.04, Florida Statutes, in references
14 thereto, paragraphs (a), (b), (c), (e), and (f) of subsection
15 (5) of section 400.931, Florida Statutes, are reenacted to
16 read:
17 400.931 Application for license; fee; provisional
18 license; temporary permit.--
19 (5) Each applicant for licensure must comply with the
20 following requirements:
21 (a) Upon receipt of a completed, signed, and dated
22 application, the agency shall require background screening of
23 the applicant, in accordance with the level 2 standards for
24 screening set forth in chapter 435. As used in this
25 subsection, the term "applicant" means the general manager and
26 the financial officer or similarly titled individual who is
27 responsible for the financial operation of the licensed
28 facility.
29 (b) The agency may require background screening for a
30 member of the board of directors of the licensee or an officer
31 or an individual owning 5 percent or more of the licensee if
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1 the agency has probable cause to believe that such individual
2 has been convicted of an offense prohibited under the level 2
3 standards for screening set forth in chapter 435.
4 (c) Proof of compliance with the level 2 background
5 screening requirements of chapter 435 which has been submitted
6 within the previous 5 years in compliance with any other
7 health care licensure requirements of this state is acceptable
8 in fulfillment of paragraph (a).
9 (e) Each applicant must submit to the agency a
10 description and explanation of any conviction of an offense
11 prohibited under the level 2 standards of chapter 435 by a
12 member of the board of directors of the applicant, its
13 officers, or any individual owning 5 percent or more of the
14 applicant. This requirement does not apply to a director of a
15 not-for-profit corporation or organization if the director
16 serves solely in a voluntary capacity for the corporation or
17 organization, does not regularly take part in the day-to-day
18 operational decisions of the corporation or organization,
19 receives no remuneration for his or her services on the
20 corporation's or organization's board of directors, and has no
21 financial interest and has no family members with a financial
22 interest in the corporation or organization, provided that the
23 director and the not-for-profit corporation or organization
24 include in the application a statement affirming that the
25 director's relationship to the corporation satisfies the
26 requirements of this provision.
27 (f) A license may not be granted to any potential
28 licensee if any applicant, administrator, or financial officer
29 has been found guilty of, regardless of adjudication, or has
30 entered a plea of nolo contendere or guilty to, any offense
31 prohibited under the level 2 standards for screening set forth
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1 in chapter 435, unless an exemption from disqualification has
2 been granted by the agency as set forth in chapter 435.
3 Section 56. For the purpose of incorporating the
4 amendment to section 435.04, Florida Statutes, in references
5 thereto, paragraphs (a), (b), (c), (d), and (f) of subsection
6 (10) of section 400.962, Florida Statutes, are reenacted to
7 read:
8 400.962 License required; license application.--
9 (10)(a) Upon receipt of a completed, signed, and dated
10 application, the agency shall require background screening of
11 the applicant, in accordance with the level 2 standards for
12 screening set forth in chapter 435. As used in this
13 subsection, the term "applicant" means the facility
14 administrator, or similarly titled individual who is
15 responsible for the day-to-day operation of the licensed
16 facility, and the facility financial officer, or similarly
17 titled individual who is responsible for the financial
18 operation of the licensed facility.
19 (b) The agency may require background screening for a
20 member of the board of directors of the licensee or an officer
21 or an individual owning 5 percent or more of the licensee if
22 the agency has probable cause to believe that such individual
23 has been convicted of an offense prohibited under the level 2
24 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 licensure requirements under this chapter satisfies the
29 requirements of paragraph (a). Proof of compliance with
30 background screening which has been submitted within the
31 previous 5 years to fulfill the requirements of the Financial
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1 Services Commission and the Office of Insurance Regulation
2 under chapter 651 as part of an application for a certificate
3 of authority to operate a continuing care retirement community
4 satisfies the requirements for the Department of Law
5 Enforcement and Federal Bureau of Investigation background
6 checks.
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 license may be granted to the applicant upon the
16 agency's receipt of a report of the results of the Federal
17 Bureau of Investigation background screening for each
18 individual required by this section to undergo background
19 screening which confirms that all standards have been met, or
20 upon the granting of a disqualification exemption by the
21 agency as set forth in chapter 435. Any other person who is
22 required to undergo level 2 background screening may serve in
23 his or her capacity pending the agency's receipt of the report
24 from the Federal Bureau of Investigation; however, the person
25 may not continue to serve if the report indicates any
26 violation of background screening standards and a
27 disqualification exemption has not been 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's 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 Section 57. For the purpose of incorporating the
17 amendment to section 435.04, Florida Statutes, in references
18 thereto, paragraphs (b) and (d) of subsection (7) of section
19 400.991, Florida Statutes, are reenacted to read:
20 400.991 License requirements; background screenings;
21 prohibitions.--
22 (7) Each applicant for licensure shall comply with the
23 following requirements:
24 (b) Upon receipt of a completed, signed, and dated
25 application, the agency shall require background screening of
26 the applicant, in accordance with the level 2 standards for
27 screening set forth in chapter 435. Proof of compliance with
28 the level 2 background screening requirements of chapter 435
29 which has been submitted within the previous 5 years in
30 compliance with any other health care licensure requirements
31 of this state is acceptable in fulfillment of this paragraph.
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1 (d) A license may not be granted to a clinic if the
2 applicant has been found guilty of, regardless of
3 adjudication, or has entered a plea of nolo contendere or
4 guilty to, any offense prohibited under the level 2 standards
5 for screening set forth in chapter 435, or a violation of
6 insurance fraud under s. 817.234, within the past 5 years. If
7 the applicant has been convicted of an offense prohibited
8 under the level 2 standards or insurance fraud in any
9 jurisdiction, the applicant must show that his or her civil
10 rights have been restored prior to submitting an application.
11 Section 58. For the purpose of incorporating the
12 amendment to section 435.04, Florida Statutes, in references
13 thereto, paragraph (e) of subsection (2) of section 402.302,
14 Florida Statutes, is reenacted to read:
15 402.302 Definitions.--
16 (2) "Child care facility" includes any child care
17 center or child care arrangement which provides child care for
18 more than five children unrelated to the operator and which
19 receives a payment, fee, or grant for any of the children
20 receiving care, wherever operated, and whether or not operated
21 for profit. The following are not included:
22 (e) Operators of transient establishments, as defined
23 in chapter 509, which provide child care services solely for
24 the guests of their establishment or resort, provided that all
25 child care personnel of the establishment are screened
26 according to the level 2 screening requirements of chapter
27 435.
28 Section 59. For the purpose of incorporating the
29 amendment to section 435.04, Florida Statutes, in references
30 thereto, paragraph (a) of subsection (2) of section 402.305,
31 Florida Statutes, is reenacted to read:
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1 402.305 Licensing standards; child care facilities.--
2 (2) PERSONNEL.--Minimum standards for child care
3 personnel shall include minimum requirements as to:
4 (a) Good moral character based upon screening. This
5 screening shall be conducted as provided in chapter 435, using
6 the level 2 standards for screening set forth in that chapter.
7 Section 60. For the purpose of incorporating the
8 amendment to section 435.04, Florida Statutes, in references
9 thereto, subsection (3) of section 402.3054, Florida Statutes,
10 is reenacted to read:
11 402.3054 Child enrichment service providers.--
12 (3) A child enrichment service provider shall be of
13 good moral character based upon screening. This screening
14 shall be conducted as provided in chapter 435, using the level
15 2 standards for screening set forth in that chapter. A child
16 enrichment service provider must meet the screening
17 requirements prior to providing services to a child in a child
18 care facility. A child enrichment service provider who has met
19 the screening standards shall not be required to be under the
20 direct and constant supervision of child care personnel.
21 Section 61. For the purpose of incorporating the
22 amendment to section 435.04, Florida Statutes, in references
23 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
24 subsection (2) of section 483.30, Florida Statutes, are
25 reenacted to read:
26 483.30 Licensing of centers.--
27 (2) Each applicant for licensure must comply with the
28 following requirements:
29 (a) Upon receipt of a completed, signed, and dated
30 application, the agency shall require background screening, in
31 accordance with the level 2 standards for screening set forth
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1 in chapter 435, of the managing employee, or other similarly
2 titled individual who is responsible for the daily operation
3 of the center, and of the financial officer, or other
4 similarly titled individual who is responsible for the
5 financial operation of the center, including billings for
6 patient services. The applicant must comply with the
7 procedures for level 2 background screening as set forth in
8 chapter 435, as well as the requirements of s. 435.03(3).
9 (b) The agency may require background screening of any
10 other individual who is an applicant if the agency has
11 probable cause to believe that he or she has been convicted of
12 a crime or has committed any other offense prohibited under
13 the level 2 standards for screening set forth in chapter 435.
14 (c) Proof of compliance with the level 2 background
15 screening requirements of chapter 435 which has been submitted
16 within the previous 5 years in compliance with any other
17 health care licensure requirements of this state is acceptable
18 in fulfillment of the requirements of paragraph (a).
19 (d) A provisional license may be granted to an
20 applicant when each individual required by this section to
21 undergo background screening has met the standards for the
22 Department of Law Enforcement background check, but the agency
23 has not yet received background screening results from the
24 Federal Bureau of Investigation, or a request for a
25 disqualification exemption has been submitted to the agency as
26 set forth in chapter 435 but a response has not yet been
27 issued. A license may be granted to the applicant upon the
28 agency's receipt of a report of the results of the Federal
29 Bureau of Investigation background screening for each
30 individual required by this section to undergo background
31 screening which confirms that all standards have been met, or
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1 upon the granting of a disqualification exemption by the
2 agency as set forth in chapter 435. Any other person who is
3 required to undergo level 2 background screening may serve in
4 his or her capacity pending the agency's receipt of the report
5 from the Federal Bureau of Investigation. However, the person
6 may not continue to serve if the report indicates any
7 violation of background screening standards and a
8 disqualification exemption has not been requested of and
9 granted by the agency as set forth in chapter 435.
10 (f) Each applicant must submit to the agency a
11 description and explanation of any conviction of an offense
12 prohibited under the level 2 standards of chapter 435 by a
13 member of the board of directors of the applicant, its
14 officers, or any individual owning 5 percent or more of the
15 applicant. This requirement does not apply to a director of a
16 not-for-profit corporation or organization if the director
17 serves solely in a voluntary capacity for the corporation or
18 organization, does not regularly take part in the day-to-day
19 operational decisions of the corporation or organization,
20 receives no remuneration for his or her services on the
21 corporation or organization's board of directors, and has no
22 financial interest and has no family members with a financial
23 interest in the corporation or organization, provided that the
24 director and the not-for-profit corporation or organization
25 include in the application a statement affirming that the
26 director's relationship to the corporation satisfies the
27 requirements of this paragraph.
28 (g) A license may not be granted to an applicant if
29 the applicant or managing employee has been found guilty of,
30 regardless of adjudication, or has entered a plea of nolo
31 contendere or guilty to, any offense prohibited under the
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1 level 2 standards for screening set forth in chapter 435,
2 unless an exemption from disqualification has been granted by
3 the agency as set forth in chapter 435.
4 Section 62. For the purpose of incorporating the
5 amendment to section 435.04, Florida Statutes, in references
6 thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
7 subsection (2) of section 483.101, Florida Statutes, are
8 reenacted to read:
9 483.101 Application for clinical laboratory license.--
10 (2) Each applicant for licensure must comply with the
11 following requirements:
12 (a) Upon receipt of a completed, signed, and dated
13 application, the agency shall require background screening, in
14 accordance with the level 2 standards for screening set forth
15 in chapter 435, of the managing director or other similarly
16 titled individual who is responsible for the daily operation
17 of the laboratory and of the financial officer, or other
18 similarly titled individual who is responsible for the
19 financial operation of the laboratory, including billings for
20 patient services. The applicant must comply with the
21 procedures for level 2 background screening as set forth in
22 chapter 435, as well as the requirements of s. 435.03(3).
23 (b) The agency may require background screening of any
24 other individual who is an applicant if the agency has
25 probable cause to believe that he or she has been convicted of
26 a crime or has committed any other offense prohibited under
27 the level 2 standards for screening set forth in chapter 435.
28 (c) Proof of compliance with the level 2 background
29 screening requirements of chapter 435 which has been submitted
30 within the previous 5 years in compliance with any other
31
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1 health care licensure requirements of this state is acceptable
2 in fulfillment of the requirements of paragraph (a).
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 requested of and
24 granted by the agency 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 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 (g) A license may not be granted to an applicant if
13 the applicant or managing employee has been found guilty of,
14 regardless of adjudication, or has entered a plea of nolo
15 contendere or guilty to, any offense prohibited under the
16 level 2 standards for screening set forth in chapter 435,
17 unless an exemption from disqualification has been granted by
18 the agency as set forth in chapter 435.
19 Section 63. For the purpose of incorporating the
20 amendment to section 435.04, Florida Statutes, in references
21 thereto, subsection (5) of section 744.1085, Florida Statutes,
22 is reenacted to read:
23 744.1085 Regulation of professional guardians;
24 application; bond required; educational requirements.--
25 (5) As required in s. 744.3135, each professional
26 guardian shall allow a level 2 background screening of the
27 guardian and employees of the guardian in accordance with the
28 provisions of s. 435.04.
29 Section 64. For the purpose of incorporating the
30 amendment to section 435.04, Florida Statutes, in references
31
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1 thereto, paragraph (b) of subsection (2) of section 984.01,
2 Florida Statutes, is reenacted to read:
3 984.01 Purposes and intent; personnel standards and
4 screening.--
5 (2) The Department of Juvenile Justice or the
6 Department of Children and Family Services, as appropriate,
7 may contract with the Federal Government, other state
8 departments and agencies, county and municipal governments and
9 agencies, public and private agencies, and private individuals
10 and corporations in carrying out the purposes of, and the
11 responsibilities established in, this chapter.
12 (b) The Department of Juvenile Justice and the
13 Department of Children and Family Services shall require
14 employment screening pursuant to chapter 435, using the level
15 2 standards set forth in that chapter for personnel in
16 programs for children or youths.
17 Section 65. For the purpose of incorporating the
18 amendment to section 435.04, Florida Statutes, in references
19 thereto, paragraph (b) of subsection (2) of section 985.01,
20 Florida Statutes, is reenacted to read:
21 985.01 Purposes and intent; personnel standards and
22 screening.--
23 (2) The Department of Juvenile Justice or the
24 Department of Children and Family Services, as appropriate,
25 may contract with the Federal Government, other state
26 departments and agencies, county and municipal governments and
27 agencies, public and private agencies, and private individuals
28 and corporations in carrying out the purposes of, and the
29 responsibilities established in, this chapter.
30 (b) The Department of Juvenile Justice and the
31 Department of Children and Family Services shall require
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1 employment screening pursuant to chapter 435, using the level
2 2 standards set forth in that chapter for personnel in
3 programs for children or youths.
4 Section 66. For the purpose of incorporating the
5 amendment to section 435.04, Florida Statutes, in references
6 thereto, paragraphs (a) and (b) of subsection (7) of section
7 1002.36, Florida Statutes, are reenacted to read:
8 1002.36 Florida School for the Deaf and the Blind.--
9 (7) PERSONNEL SCREENING.--
10 (a) The Board of Trustees of the Florida School for
11 the Deaf and the Blind shall, because of the special trust or
12 responsibility of employees of the school, require all
13 employees and applicants for employment to undergo personnel
14 screening and security background investigations as provided
15 in chapter 435, using the level 2 standards for screening set
16 forth in that chapter, as a condition of employment and
17 continued employment. The cost of a personnel screening and
18 security background investigation for an employee of the
19 school shall be paid by the school. The cost of such a
20 screening and investigation for an applicant for employment
21 may be paid by the school.
22 (b) As a prerequisite for initial and continuing
23 employment at the Florida School for the Deaf and the Blind:
24 1. The applicant or employee shall submit to the
25 Florida School for the Deaf and the Blind a complete set of
26 fingerprints taken by an authorized law enforcement agency or
27 an employee of the Florida School for the Deaf and the Blind
28 who is trained to take fingerprints. The Florida School for
29 the Deaf and the Blind shall submit the fingerprints to the
30 Department of Law Enforcement for state processing and the
31 Federal Bureau of Investigation for federal processing.
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1 2.a. The applicant or employee shall attest to the
2 minimum standards for good moral character as contained in
3 chapter 435, using the level 2 standards set forth in that
4 chapter under penalty of perjury.
5 b. New personnel shall be on a probationary status
6 pending a determination of compliance with such minimum
7 standards for good moral character. This paragraph is in
8 addition to any probationary status provided for by Florida
9 law or Florida School for the Deaf and the Blind rules or
10 collective bargaining contracts.
11 3. The Florida School for the Deaf and the Blind shall
12 review the record of the applicant or employee with respect to
13 the crimes contained in s. 435.04 and shall notify the
14 applicant or employee of its findings. When disposition
15 information is missing on a criminal record, it shall be the
16 responsibility of the applicant or employee, upon request of
17 the Florida School for the Deaf and the Blind, to obtain and
18 supply within 30 days the missing disposition information to
19 the Florida School for the Deaf and the Blind. Failure to
20 supply missing information within 30 days or to show
21 reasonable efforts to obtain such information shall result in
22 automatic disqualification of an applicant and automatic
23 termination of an employee.
24 4. After an initial personnel screening and security
25 background investigation, written notification shall be given
26 to the affected employee within a reasonable time prior to any
27 subsequent screening and investigation.
28 Section 67. For the purpose of incorporating the
29 amendments to sections 943.0585 and 943.059, Florida Statutes,
30 in references thereto, paragraph (a) of subsection (2) and
31
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1 subsection (6) of section 943.0582, Florida Statutes, are
2 reenacted to read:
3 943.0582 Prearrest, postarrest, or teen court
4 diversion program expunction.--
5 (2)(a) As used in this section, the term "expunction"
6 has the same meaning ascribed in and effect as s. 943.0585,
7 except that:
8 1. The provisions of s. 943.0585(4)(a) do not apply,
9 except that the criminal history record of a person whose
10 record is expunged pursuant to this section shall be made
11 available only to criminal justice agencies for the purpose of
12 determining eligibility for prearrest, postarrest, or teen
13 court diversion programs; when the record is sought as part of
14 a criminal investigation; or when the subject of the record is
15 a candidate for employment with a criminal justice agency. For
16 all other purposes, a person whose record is expunged under
17 this section may lawfully deny or fail to acknowledge the
18 arrest and the charge covered by the expunged record.
19 2. Records maintained by local criminal justice
20 agencies in the county in which the arrest occurred that are
21 eligible for expunction pursuant to this section shall be
22 sealed as the term is used in s. 943.059.
23 (6) Expunction or sealing granted under this section
24 does not prevent the minor who receives such relief from
25 petitioning for the expunction or sealing of a later criminal
26 history record as provided for in ss. 943.0585 and 943.059, if
27 the minor is otherwise eligible under those sections.
28 Section 68. For the purpose of incorporating the
29 amendment to section 943.059, Florida Statutes, in references
30 thereto, subsections (7), (8), and (9) of section 943.053,
31 Florida Statutes, are reenacted to read:
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1 943.053 Dissemination of criminal justice information;
2 fees.--
3 (7) Notwithstanding the provisions of s. 943.0525, and
4 any user agreements adopted pursuant thereto, and
5 notwithstanding the confidentiality of sealed records as
6 provided for in s. 943.059, the sheriff of any county that has
7 contracted with a private entity to operate a county detention
8 facility pursuant to the provisions of s. 951.062 shall
9 provide that private entity, in a timely manner, copies of the
10 Florida criminal history records for its inmates. The sheriff
11 may assess a charge for the Florida criminal history records
12 pursuant to the provisions of chapter 119. Sealed records
13 received by the private entity under this section remain
14 confidential and exempt from the provisions of s. 119.07(1).
15 (8) Notwithstanding the provisions of s. 943.0525, and
16 any user agreements adopted pursuant thereto, and
17 notwithstanding the confidentiality of sealed records as
18 provided for in s. 943.059, the Department of Corrections
19 shall provide, in a timely manner, copies of the Florida
20 criminal history records for inmates housed in a private state
21 correctional facility to the private entity under contract to
22 operate the facility pursuant to the provisions of s. 944.105
23 or s. 957.03. The department may assess a charge for the
24 Florida criminal history records pursuant to the provisions of
25 chapter 119. Sealed records received by the private entity
26 under this section remain confidential and exempt from the
27 provisions of s. 119.07(1).
28 (9) Notwithstanding the provisions of s. 943.0525 and
29 any user agreements adopted pursuant thereto, and
30 notwithstanding the confidentiality of sealed records as
31 provided for in s. 943.059, the Department of Juvenile Justice
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1 or any other state or local criminal justice agency may
2 provide copies of the Florida criminal history records for
3 juvenile offenders currently or formerly detained or housed in
4 a contracted juvenile assessment center or detention facility
5 or serviced in a contracted treatment program and for
6 employees or other individuals who will have access to these
7 facilities, only to the entity under direct contract with the
8 Department of Juvenile Justice to operate these facilities or
9 programs pursuant to the provisions of s. 985.411. The
10 criminal justice agency providing such data may assess a
11 charge for the Florida criminal history records pursuant to
12 the provisions of chapter 119. Sealed records received by the
13 private entity under this section remain confidential and
14 exempt from the provisions of s. 119.07(1). Information
15 provided under this section shall be used only for the
16 criminal justice purpose for which it was requested and may
17 not be further disseminated.
18 Section 69. The creation of sections 393.135,
19 394.4593, and 916.1075, Florida Statutes, by this act shall
20 apply to offenses committed on or after the effective date of
21 this act.
22 Section 70. This act shall take effect July 1, 2004.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 CS/SB 1772
26
27 - Deletes provisions that state that sexual misconduct
violation constitutes sufficient case for employee's
28 dismissal and bars further employment in regard to
certain DCF services.
29
- Provides that provisions and penalties for sexual
30 misconduct violation are in addition to any other civil,
administrative, or criminal action that may be applied
31 against an employee.
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