HB 1823CS

CHAMBER ACTION



1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to developmental services and mental
7health; creating ss. 393.135, 394.4593, and 916.1075,
8F.S.; defining the terms "employee," "sexual activity,"
9and "sexual misconduct"; providing that it is a second
10degree felony for an employee to engage in sexual
11misconduct with certain developmentally disabled clients,
12certain mental health patients, or certain forensic
13clients; providing certain exceptions; requiring certain
14employees to report sexual misconduct to the central abuse
15hotline of the Department of Children and Family Services
16and to the appropriate local law enforcement agency;
17providing for notification to the inspector general of the
18Department of Children and Family Services; providing that
19it is a first degree misdemeanor to knowingly and
20willfully fail to make a report as required, or to prevent
21another from doing so, or to submit inaccurate or
22untruthful information; providing that it is a third
23degree felony to coerce or threaten another person to
24alter testimony or a report with respect to an incident of
25sexual misconduct; providing criminal penalties; amending
26s. 435.03, F.S.; expanding level 1 screening standards to
27include criminal offenses related to sexual misconduct
28with certain developmentally disabled clients, mental
29health patients, or forensic clients and the reporting of
30such sexual misconduct; amending s. 435.04, F.S.;
31expanding level 2 screening standards to include the
32offenses related to sexual misconduct with certain
33developmentally disabled clients, mental health patients,
34or forensic clients and the reporting of such sexual
35misconduct; amending s. 393.0655, F.S.; requiring the
36employment screening of direct service providers to
37include screening as provided under ch. 435, F.S.;
38reenacting s. 393.067(6)(a), (b), (c), (d), (f), and (g),
39F.S., relating to background screening and licensure of
40personnel of intermediate care facilities for the
41developmentally disabled, for the purpose of incorporating
42the amendment to s. 435.04, F.S., in references thereto;
43amending s. 394.4572, F.S.; requiring the employment
44screening of mental health personnel to include screening
45as provided under ch. 435, F.S.; amending s. 943.0585,
46F.S., relating to court-ordered expunction of criminal
47history records, for the purpose of incorporating the
48amendment to s. 943.059, F.S., in a reference thereto;
49providing that certain criminal history records relating
50to sexual misconduct with developmentally disabled
51clients, mental health patients, or forensic clients, or
52the reporting of such sexual misconduct, shall not be
53expunged; providing that the application for eligibility
54for expunction certify that the criminal history record
55does not relate to an offense involving sexual misconduct
56with certain developmentally disabled clients, mental
57health patients, or forensic clients, or the reporting of
58such sexual misconduct; amending s. 943.059, F.S.,
59relating to court-ordered sealing of criminal history
60records, for the purpose of incorporating the amendment to
61s. 943.0585, F.S., in a reference thereto; providing that
62certain criminal history records relating to sexual
63misconduct with developmentally disabled clients, mental
64health patients, or forensic clients, or the reporting of
65such sexual misconduct, shall not be sealed; providing
66that the application for eligibility for sealing certify
67that the criminal history record does not relate to an
68offense involving sexual misconduct with certain
69developmentally disabled clients, mental health patients,
70or forensic clients, or the reporting of such sexual
71misconduct; amending s. 400.215, F.S., and reenacting
72paragraphs (b) and (c) of subsection (2) and subsection
73(3), relating to background screening requirements for
74certain nursing home personnel, for the purpose of
75incorporating the amendments to ss. 435.03 and 435.04,
76F.S., in references thereto; correcting a cross reference;
77amending s. 400.964, F.S., and reenacting subsections (1),
78(2), and (7), relating to background screening
79requirements for certain personnel employed by
80intermediate care facilities for the developmentally
81disabled, for the purpose of incorporating the amendments
82to ss. 435.03 and 435.04, F.S., in references thereto;
83correcting a cross reference; amending s. 435.045, F.S.,
84and reenacting paragraph (a) of subsection (1), relating
85to requirements for the placement of dependent children,
86for the purpose of incorporating the amendment to s.
87435.04, F.S., in a reference thereto; correcting a cross
88reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
89400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
90400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
91(f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
92(3), 744.3135, and 985.04(2), F.S., relating to denial,
93revocation, or suspension of license to operate an
94assisted living facility; background screening
95requirements for certain personnel employed by assisted
96living facilities; registration of particular home health
97care service providers; denial, suspension, or revocation
98of license to operate adult day care centers; background
99screening requirements for certain hospice personnel;
100background screening requirements for registrants of the
101health care service pools; the definition of "screening"
102in connection with the licensure of family foster homes,
103residential child-caring agencies, and child-placing
104agencies; background screening requirements of Medicaid
105providers; employment of persons in positions requiring
106background screening; credit and criminal investigations
107of guardians; oaths, records, and confidential information
108pertaining to juvenile offenders, respectively, for the
109purpose of incorporating the amendments to ss. 435.03 and
110435.04, F.S., in references thereto; reenacting ss.
111400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
112435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
113985.407(4), F.S., relating to background screening of home
114health agency personnel, nurse registry personnel,
115companions, and homemakers; application and renewal of
116adult family-care home provider licenses; relating to
117denial, revocation, or suspension of adult family-care
118home provider license; background screening of home
119medical equipment provider personnel, background screening
120requirements for certain persons responsible for managed
121care plans; exemptions from disqualification from
122employment; denial of nursing license and disciplinary
123actions against such licensees; disqualification of
124guardians; removal of guardians; background screening
125requirements for certain Department of Juvenile Justice
126personnel, respectively, for the purpose of incorporating
127the amendment to s. 435.03, F.S., in references thereto;
128reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
129(c), 112.0455(12)(a), 381.0059(1), (2), and (4),
130381.60225(1)(a), (b), (c), (d), (f), and (g),
131383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
132(b), (c), (d), (f), and (g), 394.875(13)(a), (b), (c),
133(d), (f), and (g), 395.0055(1), (2), (3), (4), (6), and
134(8), 395.0199(4)(a), (b), (c), (d), (f), and (g),
135397.451(1)(a), 400.071(4)(a), (b), (c), (d), and (f),
136400.471(4)(a), (b), (c), (d), (f), and (g), 400.506(2)(a),
137(b), (c), (d), (f), and (g), 400.5572, 400.607(3)(a),
138400.801(4)(a), (b), (c), (d), (f), and (g), 400.805(3)(a),
139(b), (c), (d), (f), and (g), 400.906(5)(a), (b), (c), (d),
140(f), and (g), 400.931(5)(a), (b), (c), (e), and (f),
141400.962(10)(a), (b), (c), (d), and (f), 400.991(7)(b) and
142(d), 402.302(2)(e), 402.305(2)(a), 402.3054(3),
143483.30(2)(a), (b), (c), (d), (f), and (g), 483.101(2)(a),
144(b), (c), (d), (f), and (g), 744.1085(5), 984.01(2)(b),
145985.01(2)(b), 1002.36(7)(a) and (b), F.S., relating to
146background screening requirements for certain Department
147of Children and Family Services personnel; qualifications
148of guardians ad litem; security checks of certain public
149officers and employees; background screening requirements
150of certain laboratory personnel in connection with the
151Drug-Free Workplace Act; background screening requirements
152for school health services personnel; background screening
153of certain personnel of the public health system;
154background screening and licensure of birth center
155personnel; background screening and licensure of abortion
156clinic personnel; background screening of mental health
157personnel; background screening and licensure of personnel
158of crisis stabilization units, residential treatment
159facilities, and residential treatment centers for children
160and adolescents; background screening and licensure of
161personnel of hospitals, ambulatory surgical centers, and
162mobile surgical facilities; background screening of
163certain personnel in connection with registration for
164private utilization reviews; background screening of
165certain service provider personnel; background screening
166and licensure of certain long-term care facility
167personnel; background screening and licensure of certain
168home health agency personnel; background screening and
169licensure of nurse registry applicants; background
170screening of certain adult day care center personnel;
171denial or revocation of hospice license; background
172screening and licensure of certain transitional living
173facility personnel; background screening and licensure of
174certain prescribed pediatric extended care center
175personnel; background screening and licensure of certain
176home medical equipment provider personnel; background
177screening and licensure of certain personnel of
178intermediate care facilities for the developmentally
179disabled; background screening and licensure of health
180care clinic personnel; the definition of "child care
181facility" in connection with background screening of
182operators; background screening requirements for personnel
183of child care facilities; background screening
184requirements for child enrichment service providers;
185background screening and licensure of certain personnel of
186multiphasic health testing centers; background screening
187and licensure of certain clinical laboratory personnel;
188regulation of professional guardians; background screening
189of certain Department of Juvenile Justice and Department
190of Children and Family Services personnel in connection
191with programs for children and families in need of
192services; background screening of certain Department of
193Juvenile Justice and Department of Children and Family
194Services personnel in connection with juvenile justice
195programs, background screening of personnel of the Florida
196School for the Deaf and the Blind, respectively, for the
197purposes of incorporating the amendment to s. 435.04,
198F.S., in references thereto; reenacting s. 943.0582(2)(a)
199and (6), F.S., relating to prearrest, postarrest, or teen
200court diversion program expunction for the purpose of
201incorporating the amendments to ss. 943.0585 and 943.059,
202F.S., in references thereto; reenacting s. 943.053(7),
203(8), and (9), F.S., relating to dissemination of criminal
204justice information, for the purpose of incorporating the
205amendment to s. 943.059, F.S., in references thereto;
206providing applicability; amending s. 20.19, F.S.; removing
207the developmental disabilities program from the Department
208of Children and Family Services; creating s. 20.197, F.S.;
209establishing the Agency for Persons with Disabilities for
210the purpose of providing services to persons with
211developmental disabilities, including institutional
212services; directing the agency to execute interagency
213agreements with the Agency for Health Care Administration
214for the financial management of the Medicaid waivers and
215the Department of Children and Family Services for
216administrative support; amending s. 393.063, F.S.;
217updating definitions and deleting obsolete definitions;
218amending s. 393.064, F.S.; deleting requirements that the
219agency's legislative budget request include funding for
220prevention; amending s. 393.0655, F.S.; requiring Level 2
221screening for specified persons and service providers;
222providing a limitation on the screening requirement in
223certain circumstances involving children between 12 and 18
224years of age; amending s. 393.066, F.S.; removing
225requirement that services be administered and approved by
226the districts; modifying a requirement to provide certain
227services; deleting a requirement for a 5-year plan
228relating to community-based services; adding a requirement
229to assist clients in gaining employment; repealing
230obsolete requirement authorizing the state to lease or
231construct residential facilities; deleting authorization
232to adopt rules ensuring compliance with federal rules;
233amending s. 393.0661, F.S.; authorizing the Agency for
234Disabled Persons to enter into certain contracts;
235providing for reimbursement to certain providers of
236services to the developmentally disabled pursuant a
237methodology; requiring the Agency for Health Care
238administration, in consultation with the Agency for
239Disabled Persons, to adopt rules related to such
240methodology; authorizing the Agency for Health Care
241Administration to adopt emergency rules in certain
242circumstances; limiting the applicability of such
243emergency rules; authorizing the Agency for Health Care
244Administration, in consultation with the Agency for
245Disabled Persons, to make certain adjustments necessary to
246comply with the availability of appropriations; deleting
247an obsolete provision; modifying provisions relating to an
248assessment instrument; adding requirements for adoption of
249rate methodologies; amending s. 393.068, F.S.; making
250service provision subject to available resources; updating
251list of services to be provided; deleting provision
252referring to 5-year plans; amending s. 393.0695, F.S.;
253requiring in-home subsidy amounts to be reassessed
254annually; amending s. 393.11, F.S.; deleting provisions
255referring to districts, department programs, and the
256nonexistent Department of Labor and Employment Security;
257amending s. 393.13, F.S.; deleting obsolete provisions;
258adding legislative intent relating to reducing the use of
259sheltered workshops; amending s. 393.17, F.S.; authorizing
260the agency to contract for the certification of behavioral
261analysts; deleting provisions relating to a certification
262program and provisions allowing fees; amending s. 393.22,
263F.S.; deleting prohibition preventing transfer of funds
264and ensuring financial commitment for specified
265developmental conditions; amending s. 393.502, F.S.;
266removing reference to districts; deleting a provision
267permitting appointment of family care council members if
268the Governor does not act; amending ss. 408.301 and
269408.302, F.S.; amending legislative intent to add the
270Agency for Persons with Disabilities and the Department of
271Elderly Affairs as agencies that the Agency for Health
272Care Administration must enter into interagency agreement
273with regarding persons with special needs; amending s.
274409.906, F.S.; clarifying powers of the Agency for Health
275Care Administration with respect to limiting coverage for
276certain services; repealing s. 393.14, F.S.; requiring a
277multiyear plan; repealing s. 393.165, F.S., relating to
278ICF/DDs; repealing s. 393.166, F.S., relating to homes for
279special services; repealing s. 393.505, F.S., relating to
280comprehensive day treatment service projects; transferring
281programs and institutions relating to developmental
282disabilities from the Department of Children and Family
283Services to the Agency for Persons with Disabilities;
284providing duties of those agencies as well as the
285Department of Management Services; providing for
286substitution of parties in administrative and judicial
287proceedings; providing duties of the Office of Program
288Policy Analysis and Government Accountability; providing
289for a report; amending ss. 92.53, 397.405, 400.464,
290419.001, 914.16, 914.17, 918.16, 943.0585, and 943.059,
291F.S.; conforming cross references; amending ss. 393.0641,
292393.065, 393.0651, 393.067, 393.0673, 393.0675, 393.0678,
293393.071, 393.075, 393.115, 393.12, 393.125, 393.15,
294393.501, 393.503, and 393.506, F.S.; conforming to the
295changes made by the act; providing applicability;  
296providing for contracts for eligibility determination
297functions; providing for review of eligibility contracts
298by the Legislative Budget Commission in certain instances;
299providing effective dates.
300
301Be It Enacted by the Legislature of the State of Florida:
302
303     Section 1.  Section 393.135, Florida Statutes, is created
304to read:
305     393.135  Sexual misconduct prohibited; reporting required;
306penalties.--
307     (1)  As used in this section, the term:
308     (a)  "Employee" includes any paid staff member, volunteer,
309or intern of the agency or the department; any person under
310contract with the agency or the department; and any person
311providing care or support to a client on behalf of the
312department or its providers.
313     (b)  "Sexual activity" means:
314     1.  Fondling the genital area, groin, inner thighs,
315buttocks, or breasts of a person.
316     2.  The oral, anal, or vaginal penetration by or union with
317the sexual organ of another or the anal or vaginal penetration
318of another by any other object.
319     3.  Intentionally touching in a lewd or lascivious manner
320the breasts, genitals, the genital area, or buttocks, or the
321clothing covering them, of a person, or forcing or enticing a
322person to touch the perpetrator.
323     4.  Intentionally masturbating in the presence of another
324person.
325     5.  Intentionally exposing the genitals in a lewd or
326lascivious manner in the presence of another person.
327     6.  Intentionally committing any other sexual act that does
328not involve actual physical or sexual contact with the victim,
329including, but not limited to, sadomasochistic abuse, sexual
330bestiality, or the simulation of any act involving sexual
331activity in the presence of a victim.
332     (c)  "Sexual misconduct" means any sexual activity between
333an employee and a client, regardless of the consent of the
334client. The term does not include an act done for a bona fide
335medical purpose or an internal search conducted in the lawful
336performance of duty by an employee.
337     (2)  An employee who engages in sexual misconduct with an
338individual with a developmental disability who:
339     (a)  Is in the custody of the department;
340     (b)  Resides in a residential facility, including any
341comprehensive transitional education program, developmental
342services institution, foster care facility, group home facility,
343intermediate care facility for the developmentally disabled, or
344residential habilitation center; or
345     (c)  Receives services from a family care program
346
347commits a felony of the second degree, punishable as provided in
348s. 775.082, s. 775.083, or s. 775.084. An employee may be found
349guilty of violating this subsection without having committed the
350crime of sexual battery.
351     (3)  The consent of the client to sexual activity is not a
352defense to prosecution under this section.
353     (4)  This section does not apply to an employee who:
354     (a)  Is legally married to the client; or
355     (b)  Has no reason to believe that the person with whom the
356employee engaged in sexual misconduct is a client receiving
357services as described in subsection (2).
358     (5)  An employee who witnesses sexual misconduct, or who
359otherwise knows or has reasonable cause to suspect that a person
360has engaged in sexual misconduct, shall immediately report the
361incident to the department's central abuse hotline and to the
362appropriate local law enforcement agency. Such employee shall
363also prepare, date, and sign an independent report that
364specifically describes the nature of the sexual misconduct, the
365location and time of the incident, and the persons involved. The
366employee shall deliver the report to the supervisor or program
367director, who is responsible for providing copies to the
368department's inspector general. The inspector general shall
369immediately conduct an appropriate administrative investigation,
370and, if there is probable cause to believe that sexual
371misconduct has occurred, the inspector general shall notify the
372state attorney in the circuit in which the incident occurred.
373     (6)(a)  Any person who is required to make a report under
374this section and who knowingly or willfully fails to do so, or
375who knowingly or willfully prevents another person from doing
376so, commits a misdemeanor of the first degree, punishable as
377provided in s. 775.082 or s. 775.083.
378     (b)  Any person who knowingly or willfully submits
379inaccurate, incomplete, or untruthful information with respect
380to a report required under this section commits a misdemeanor of
381the first degree, punishable as provided in s. 775.082 or s.
382775.083.
383     (c)  Any person who knowingly or willfully coerces or
384threatens any other person with the intent to alter testimony or
385a written report regarding an incident of sexual misconduct
386commits a felony of the third degree, punishable as provided in
387s. 775.082, s. 775.083, or s. 775.084.
388     (7)  The provisions and penalties set forth in this section
389are in addition to any other civil, administrative, or criminal
390action provided by law which may be applied against an employee.
391     Section 2.  Section 394.4593, Florida Statutes, is created
392to read:
393     394.4593  Sexual misconduct prohibited; reporting required;
394penalties.--
395     (1)  As used in this section, the term:
396     (a)  "Employee" includes any paid staff member, volunteer,
397or intern of the department; any person under contract with the
398department; and any person providing care or support to a client
399on behalf of the department or its providers.
400     (b)  "Sexual activity" means:
401     1.  Fondling the genital area, groin, inner thighs,
402buttocks, or breasts of a person.
403     2.  The oral, anal, or vaginal penetration by or union with
404the sexual organ of another or the anal or vaginal penetration
405of another by any other object.
406     3.  Intentionally touching in a lewd or lascivious manner
407the breasts, genitals, the genital area, or buttocks, or the
408clothing covering them, of a person, or forcing or enticing a
409person to touch the perpetrator.
410     4.  Intentionally masturbating in the presence of another
411person.
412     5.  Intentionally exposing the genitals in a lewd or
413lascivious manner in the presence of another person.
414     6.  Intentionally committing any other sexual act that does
415not involve actual physical or sexual contact with the victim,
416including, but not limited to, sadomasochistic abuse, sexual
417bestiality, or the simulation of any act involving sexual
418activity in the presence of a victim.
419     (c)  "Sexual misconduct" means any sexual activity between
420an employee and a patient, regardless of the consent of the
421patient. The term does not include an act done for a bona fide
422medical purpose or an internal search conducted in the lawful
423performance of duty by an employee.
424     (2)  An employee who engages in sexual misconduct with a
425patient who:
426     (a)  Is in the custody of the department; or
427     (b)  Resides in a receiving facility or a treatment
428facility, as those terms are defined in s. 394.455,
429
430commits a felony of the second degree, punishable as provided in
431s. 775.082, s. 775.083, or s. 775.084. An employee may be found
432guilty of violating this subsection without having committed the
433crime of sexual battery.
434     (3)  The consent of the patient to sexual activity is not a
435defense to prosecution under this section.
436     (4)  This section does not apply to an employee who:
437     (a)  Is legally married to the patient; or
438     (b)  Has no reason to believe that the person with whom the
439employee engaged in sexual misconduct is a patient receiving
440services as described in subsection (2).
441     (5)  An employee who witnesses sexual misconduct, or who
442otherwise knows or has reasonable cause to suspect that a person
443has engaged in sexual misconduct, shall immediately report the
444incident to the department's central abuse hotline and to the
445appropriate local law enforcement agency. Such employee shall
446also prepare, date, and sign an independent report that
447specifically describes the nature of the sexual misconduct, the
448location and time of the incident, and the persons involved. The
449employee shall deliver the report to the supervisor or program
450director, who is responsible for providing copies to the
451department's inspector general. The inspector general shall
452immediately conduct an appropriate administrative investigation,
453and, if there is probable cause to believe that sexual
454misconduct has occurred, the inspector general shall notify the
455state attorney in the circuit in which the incident occurred.
456     (6)(a)  Any person who is required to make a report under
457this section and who knowingly or willfully fails to do so, or
458who knowingly or willfully prevents another person from doing
459so, commits a misdemeanor of the first degree, punishable as
460provided in s. 775.082 or s. 775.083.
461     (b)  Any person who knowingly or willfully submits
462inaccurate, incomplete, or untruthful information with respect
463to a report required under this section commits a misdemeanor of
464the first degree, punishable as provided in s. 775.082 or s.
465775.083.
466     (c)  Any person who knowingly or willfully coerces or
467threatens any other person with the intent to alter testimony or
468a written report regarding an incident of sexual misconduct
469commits a felony of the third degree, punishable as provided in
470s. 775.082, s. 775.083, or s. 775.084.
471     (7)  The provisions and penalties set forth in this section
472are in addition to any other civil, administrative, or criminal
473action provided by law which may be applied against an employee.
474     Section 3.  Section 916.1075, Florida Statutes, is created
475to read:
476     916.1075  Sexual misconduct prohibited; reporting required;
477penalties.--
478     (1)  As used in this section, the term:
479     (a)  "Employee" includes any paid staff member, volunteer,
480or intern of the department; any person under contract with the
481department; and any person providing care or support to a client
482on behalf of the department or its providers.
483     (b)  "Sexual activity" means:
484     1.  Fondling the genital area, groin, inner thighs,
485buttocks, or breasts of a person.
486     2.  The oral, anal, or vaginal penetration by or union with
487the sexual organ of another or the anal or vaginal penetration
488of another by any other object.
489     3.  Intentionally touching in a lewd or lascivious manner
490the breasts, genitals, the genital area, or buttocks, or the
491clothing covering them, of a person, or forcing or enticing a
492person to touch the perpetrator.
493     4.  Intentionally masturbating in the presence of another
494person.
495     5.  Intentionally exposing the genitals in a lewd or
496lascivious manner in the presence of another person.
497     6.  Intentionally committing any other sexual act that does
498not involve actual physical or sexual contact with the victim,
499including, but not limited to, sadomasochistic abuse, sexual
500bestiality, or the simulation of any act involving sexual
501activity in the presence of a victim.
502     (c)  "Sexual misconduct" means any sexual activity between
503an employee and a client, regardless of the consent of the
504client. The term does not include an act done for a bona fide
505medical purpose or an internal search conducted in the lawful
506performance of duty by an employee.
507     (2)  An employee who engages in sexual misconduct with a
508client who resides in a civil or forensic facility commits a
509felony of the second degree, punishable as provided in s.
510775.082, s. 775.083, or s. 775.084. An employee may be found
511guilty of violating this subsection without having committed the
512crime of sexual battery.
513     (3)  The consent of the client to sexual activity is not a
514defense to prosecution under this section.
515     (4)  This section does not apply to an employee who:
516     (a)  Is legally married to the client; or
517     (b)  Has no reason to believe that the person with whom the
518employee engaged in sexual misconduct is a client receiving
519services as described in subsection (2).
520     (5)  An employee who witnesses sexual misconduct, or who
521otherwise knows or has reasonable cause to suspect that a person
522has engaged in sexual misconduct, shall immediately report the
523incident to the department's central abuse hotline and to the
524appropriate local law enforcement agency. Such employee shall
525also prepare, date, and sign an independent report that
526specifically describes the nature of the sexual misconduct, the
527location and time of the incident, and the persons involved. The
528employee shall deliver the report to the supervisor or program
529director, who is responsible for providing copies to the
530department's inspector general. The inspector general shall
531immediately conduct an appropriate administrative investigation,
532and, if there is probable cause to believe that sexual
533misconduct has occurred, the inspector general shall notify the
534state attorney in the circuit in which the incident occurred.
535     (6)(a)  Any person who is required to make a report under
536this section and who knowingly or willfully fails to do so, or
537who knowingly or willfully prevents another person from doing
538so, commits a misdemeanor of the first degree, punishable as
539provided in s. 775.082 or s. 775.083.
540     (b)  Any person who knowingly or willfully submits
541inaccurate, incomplete, or untruthful information with respect
542to a report required under this section commits a misdemeanor of
543the first degree, punishable as provided in s. 775.082 or s.
544775.083.
545     (c)  Any person who knowingly or willfully coerces or
546threatens any other person with the intent to alter testimony or
547a written report regarding an incident of sexual misconduct
548commits a felony of the third degree, punishable as provided in
549s. 775.082, s. 775.083, or s. 775.084.
550     (7)  The provisions and penalties set forth in this section
551are in addition to any other civil, administrative, or criminal
552action provided by law which may be applied against an employee.
553     Section 4.  Subsection (2) of section 435.03, Florida
554Statutes, is amended to read:
555     435.03  Level 1 screening standards.--
556     (2)  Any person for whom employment screening is required
557by statute must not have been found guilty of, regardless of
558adjudication, or entered a plea of nolo contendere or guilty to,
559any offense prohibited under any of the following provisions of
560the Florida Statutes or under any similar statute of another
561jurisdiction:
562     (a)  Section 393.135, relating to sexual misconduct with
563certain developmentally disabled clients and reporting of such
564sexual misconduct.
565     (b)  Section 394.4593, relating to sexual misconduct with
566certain mental health patients and reporting of such sexual
567misconduct.
568     (c)(a)  Section 415.111, relating to abuse, neglect, or
569exploitation of a vulnerable adult.
570     (d)(b)  Section 782.04, relating to murder.
571     (e)(c)  Section 782.07, relating to manslaughter,
572aggravated manslaughter of an elderly person or disabled adult,
573or aggravated manslaughter of a child.
574     (f)(d)  Section 782.071, relating to vehicular homicide.
575     (g)(e)  Section 782.09, relating to killing of an unborn
576child by injury to the mother.
577     (h)(f)  Section 784.011, relating to assault, if the victim
578of the offense was a minor.
579     (i)(g)  Section 784.021, relating to aggravated assault.
580     (j)(h)  Section 784.03, relating to battery, if the victim
581of the offense was a minor.
582     (k)(i)  Section 784.045, relating to aggravated battery.
583     (l)(j)  Section 787.01, relating to kidnapping.
584     (m)(k)  Section 787.02, relating to false imprisonment.
585     (n)(l)  Section 794.011, relating to sexual battery.
586     (o)(m)  Former s. 794.041, relating to prohibited acts of
587persons in familial or custodial authority.
588     (p)(n)  Chapter 796, relating to prostitution.
589     (q)(o)  Section 798.02, relating to lewd and lascivious
590behavior.
591     (r)(p)  Chapter 800, relating to lewdness and indecent
592exposure.
593     (s)(q)  Section 806.01, relating to arson.
594     (t)(r)  Chapter 812, relating to theft, robbery, and
595related crimes, if the offense was a felony.
596     (u)(s)  Section 817.563, relating to fraudulent sale of
597controlled substances, only if the offense was a felony.
598     (v)(t)  Section 825.102, relating to abuse, aggravated
599abuse, or neglect of an elderly person or disabled adult.
600     (w)(u)  Section 825.1025, relating to lewd or lascivious
601offenses committed upon or in the presence of an elderly person
602or disabled adult.
603     (x)(v)  Section 825.103, relating to exploitation of an
604elderly person or disabled adult, if the offense was a felony.
605     (y)(w)  Section 826.04, relating to incest.
606     (z)(x)  Section 827.03, relating to child abuse, aggravated
607child abuse, or neglect of a child.
608     (aa)(y)  Section 827.04, relating to contributing to the
609delinquency or dependency of a child.
610     (bb)(z)  Former s. 827.05, relating to negligent treatment
611of children.
612     (cc)(aa)  Section 827.071, relating to sexual performance
613by a child.
614     (dd)(bb)  Chapter 847, relating to obscene literature.
615     (ee)(cc)  Chapter 893, relating to drug abuse prevention
616and control, only if the offense was a felony or if any other
617person involved in the offense was a minor.
618     (ff)  Section 916.0175, relating to sexual misconduct with
619certain forensic clients and reporting of such sexual
620misconduct.
621     Section 5.  Subsection (2) of section 435.04, Florida
622Statutes, is amended to read:
623     435.04  Level 2 screening standards.--
624     (2)  The security background investigations under this
625section must ensure that no persons subject to the provisions of
626this section have been found guilty of, regardless of
627adjudication, or entered a plea of nolo contendere or guilty to,
628any offense prohibited under any of the following provisions of
629the Florida Statutes or under any similar statute of another
630jurisdiction:
631     (a)  Section 393.135, relating to sexual misconduct with
632certain developmentally disabled clients and reporting of such
633sexual misconduct.
634     (b)  Section 394.4593, relating to sexual misconduct with
635certain mental health patients and reporting of such sexual
636misconduct.
637     (c)(a)  Section 415.111, relating to adult abuse, neglect,
638or exploitation of aged persons or disabled adults.
639     (d)(b)  Section 782.04, relating to murder.
640     (e)(c)  Section 782.07, relating to manslaughter,
641aggravated manslaughter of an elderly person or disabled adult,
642or aggravated manslaughter of a child.
643     (f)(d)  Section 782.071, relating to vehicular homicide.
644     (g)(e)  Section 782.09, relating to killing of an unborn
645child by injury to the mother.
646     (h)(f)  Section 784.011, relating to assault, if the victim
647of the offense was a minor.
648     (i)(g)  Section 784.021, relating to aggravated assault.
649     (j)(h)  Section 784.03, relating to battery, if the victim
650of the offense was a minor.
651     (k)(i)  Section 784.045, relating to aggravated battery.
652     (l)(j)  Section 784.075, relating to battery on a detention
653or commitment facility staff.
654     (m)(k)  Section 787.01, relating to kidnapping.
655     (n)(l)  Section 787.02, relating to false imprisonment.
656     (o)(m)  Section 787.04(2), relating to taking, enticing, or
657removing a child beyond the state limits with criminal intent
658pending custody proceedings.
659     (p)(n)  Section 787.04(3), relating to carrying a child
660beyond the state lines with criminal intent to avoid producing a
661child at a custody hearing or delivering the child to the
662designated person.
663     (q)(o)  Section 790.115(1), relating to exhibiting firearms
664or weapons within 1,000 feet of a school.
665     (r)(p)  Section 790.115(2)(b), relating to possessing an
666electric weapon or device, destructive device, or other weapon
667on school property.
668     (s)(q)  Section 794.011, relating to sexual battery.
669     (t)(r)  Former s. 794.041, relating to prohibited acts of
670persons in familial or custodial authority.
671     (u)(s)  Chapter 796, relating to prostitution.
672     (v)(t)  Section 798.02, relating to lewd and lascivious
673behavior.
674     (w)(u)  Chapter 800, relating to lewdness and indecent
675exposure.
676     (x)(v)  Section 806.01, relating to arson.
677     (y)(w)  Chapter 812, relating to theft, robbery, and
678related crimes, if the offense is a felony.
679     (z)(x)  Section 817.563, relating to fraudulent sale of
680controlled substances, only if the offense was a felony.
681     (aa)(y)  Section 825.102, relating to abuse, aggravated
682abuse, or neglect of an elderly person or disabled adult.
683     (bb)(z)  Section 825.1025, relating to lewd or lascivious
684offenses committed upon or in the presence of an elderly person
685or disabled adult.
686     (cc)(aa)  Section 825.103, relating to exploitation of an
687elderly person or disabled adult, if the offense was a felony.
688     (dd)(bb)  Section 826.04, relating to incest.
689     (ee)(cc)  Section 827.03, relating to child abuse,
690aggravated child abuse, or neglect of a child.
691     (ff)(dd)  Section 827.04, relating to contributing to the
692delinquency or dependency of a child.
693     (gg)(ee)  Former s. 827.05, relating to negligent treatment
694of children.
695     (hh)(ff)  Section 827.071, relating to sexual performance
696by a child.
697     (ii)(gg)  Section 843.01, relating to resisting arrest with
698violence.
699     (jj)(hh)  Section 843.025, relating to depriving a law
700enforcement, correctional, or correctional probation officer
701means of protection or communication.
702     (kk)(ii)  Section 843.12, relating to aiding in an escape.
703     (ll)(jj)  Section 843.13, relating to aiding in the escape
704of juvenile inmates in correctional institutions.
705     (mm)(kk)  Chapter 847, relating to obscene literature.
706     (nn)(ll)  Section 874.05(1), relating to encouraging or
707recruiting another to join a criminal gang.
708     (oo)(mm)  Chapter 893, relating to drug abuse prevention
709and control, only if the offense was a felony or if any other
710person involved in the offense was a minor.
711     (pp)  Section 916.0175, relating to sexual misconduct with
712certain forensic clients and reporting of such sexual
713misconduct.
714     (qq)(nn)  Section 944.35(3), relating to inflicting cruel
715or inhuman treatment on an inmate resulting in great bodily
716harm.
717     (rr)(oo)  Section 944.46, relating to harboring,
718concealing, or aiding an escaped prisoner.
719     (ss)(pp)  Section 944.47, relating to introduction of
720contraband into a correctional facility.
721     (tt)(qq)  Section 985.4045, relating to sexual misconduct
722in juvenile justice programs.
723     (uu)(rr)  Section 985.4046, relating to contraband
724introduced into detention facilities.
725     Section 6.  Subsection (1) of section 393.0655, Florida
726Statutes, is amended to read:
727     393.0655  Screening of direct service providers.--
728     (1)  MINIMUM STANDARDS.--The department shall require
729employment screening pursuant to chapter 435, using the level 2
730standards for screening set forth in that chapter, for direct
731service providers who are unrelated to their clients. For
732purposes of this chapter, employment screening of direct service
733providers shall also include, but is not limited to, employment
734screening as provided under chapter 435.
735     Section 7.  For the purpose of incorporating the amendment
736to section 435.04, Florida Statutes, in references thereto,
737paragraphs (a), (b), (c), (d), (f), and (g) of subsection (6) of
738section 393.067, Florida Statutes, are reenacted to read:
739     393.067  Licensure of residential facilities and
740comprehensive transitional education programs.--
741     (6)  Each applicant for licensure as an intermediate care
742facility for the developmentally disabled must comply with the
743following requirements:
744     (a)  Upon receipt of a completed, signed, and dated
745application, the agency shall require background screening, in
746accordance with the level 2 standards for screening set forth in
747chapter 435, of the managing employee, or other similarly titled
748individual who is responsible for the daily operation of the
749facility, and of the financial officer, or other similarly
750titled individual who is responsible for the financial operation
751of the center, including billings for resident care and
752services. The applicant must comply with the procedures for
753level 2 background screening as set forth in chapter 435, as
754well as the requirements of s. 435.03(3).
755     (b)  The agency may require background screening of any
756other individual who is an applicant if the agency has probable
757cause to believe that he or she has been convicted of a crime or
758has committed any other offense prohibited under the level 2
759standards for screening set forth in chapter 435.
760     (c)  Proof of compliance with the level 2 background
761screening requirements of chapter 435 which has been submitted
762within the previous 5 years in compliance with any other health
763care licensure requirements of this state is acceptable in
764fulfillment of the requirements of paragraph (a).
765     (d)  A provisional license may be granted to an applicant
766when each individual required by this section to undergo
767background screening has met the standards for the Department of
768Law Enforcement background check, but the agency has not yet
769received background screening results from the Federal Bureau of
770Investigation, or a request for a disqualification exemption has
771been submitted to the agency as set forth in chapter 435, but a
772response has not yet been issued. A standard license may be
773granted to the applicant upon the agency's receipt of a report
774of the results of the Federal Bureau of Investigation background
775screening for each individual required by this section to
776undergo background screening which confirms that all standards
777have been met, or upon the granting of a disqualification
778exemption by the agency as set forth in chapter 435. Any other
779person who is required to undergo level 2 background screening
780may serve in his or her capacity pending the agency's receipt of
781the report from the Federal Bureau of Investigation. However,
782the person may not continue to serve if the report indicates any
783violation of background screening standards and a
784disqualification exemption has not been requested of and granted
785by the agency as set forth in chapter 435.
786     (f)  Each applicant must submit to the agency a description
787and explanation of any conviction of an offense prohibited under
788the level 2 standards of chapter 435 by a member of the board of
789directors of the applicant, its officers, or any individual
790owning 5 percent or more of the applicant. This requirement does
791not apply to a director of a not-for-profit corporation or
792organization if the director serves solely in a voluntary
793capacity for the corporation or organization, does not regularly
794take part in the day-to-day operational decisions of the
795corporation or organization, receives no remuneration for his or
796her services on the corporation or organization's board of
797directors, and has no financial interest and has no family
798members with a financial interest in the corporation or
799organization, provided that the director and the not-for-profit
800corporation or organization include in the application a
801statement affirming that the director's relationship to the
802corporation satisfies the requirements of this paragraph.
803     (g)  A license may not be granted to an applicant if the
804applicant or managing employee has been found guilty of,
805regardless of adjudication, or has entered a plea of nolo
806contendere or guilty to, any offense prohibited under the level
8072 standards for screening set forth in chapter 435, unless an
808exemption from disqualification has been granted by the agency
809as set forth in chapter 435.
810     Section 8.  Paragraph (a) of subsection (1) of section
811394.4572, Florida Statutes, is amended to read:
812     394.4572  Screening of mental health personnel.--
813     (1)(a)  The department and the Agency for Health Care
814Administration shall require employment screening for mental
815health personnel using the standards for level 2 screening set
816forth in chapter 435. "Mental health personnel" includes all
817program directors, professional clinicians, staff members, and
818volunteers working in public or private mental health programs
819and facilities who have direct contact with unmarried patients
820under the age of 18 years. For purposes of this chapter,
821employment screening of mental health personnel shall also
822include, but is not limited to, employment screening as provided
823under chapter 435.
824     Section 9.  Section 943.0585, Florida Statutes, is amended
825to read:
826     943.0585  Court-ordered expunction of criminal history
827records.--The courts of this state have jurisdiction over their
828own procedures, including the maintenance, expunction, and
829correction of judicial records containing criminal history
830information to the extent such procedures are not inconsistent
831with the conditions, responsibilities, and duties established by
832this section. Any court of competent jurisdiction may order a
833criminal justice agency to expunge the criminal history record
834of a minor or an adult who complies with the requirements of
835this section. The court shall not order a criminal justice
836agency to expunge a criminal history record until the person
837seeking to expunge a criminal history record has applied for and
838received a certificate of eligibility for expunction pursuant to
839subsection (2). A criminal history record that relates to a
840violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
841s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
842chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
843s. 916.1075, or a violation enumerated in s. 907.041 may not be
844expunged, without regard to whether adjudication was withheld,
845if the defendant was found guilty of or pled guilty or nolo
846contendere to the offense, or if the defendant, as a minor, was
847found to have committed, or pled guilty or nolo contendere to
848committing, the offense as a delinquent act. The court may only
849order expunction of a criminal history record pertaining to one
850arrest or one incident of alleged criminal activity, except as
851provided in this section. The court may, at its sole discretion,
852order the expunction of a criminal history record pertaining to
853more than one arrest if the additional arrests directly relate
854to the original arrest. If the court intends to order the
855expunction of records pertaining to such additional arrests,
856such intent must be specified in the order. A criminal justice
857agency may not expunge any record pertaining to such additional
858arrests if the order to expunge does not articulate the
859intention of the court to expunge a record pertaining to more
860than one arrest. This section does not prevent the court from
861ordering the expunction of only a portion of a criminal history
862record pertaining to one arrest or one incident of alleged
863criminal activity. Notwithstanding any law to the contrary, a
864criminal justice agency may comply with laws, court orders, and
865official requests of other jurisdictions relating to expunction,
866correction, or confidential handling of criminal history records
867or information derived therefrom. This section does not confer
868any right to the expunction of any criminal history record, and
869any request for expunction of a criminal history record may be
870denied at the sole discretion of the court.
871     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
872petition to a court to expunge a criminal history record is
873complete only when accompanied by:
874     (a)  A certificate of eligibility for expunction issued by
875the department pursuant to subsection (2).
876     (b)  The petitioner's sworn statement attesting that the
877petitioner:
878     1.  Has never, prior to the date on which the petition is
879filed, been adjudicated guilty of a criminal offense or
880comparable ordinance violation or adjudicated delinquent for
881committing a felony or a misdemeanor specified in s.
882943.051(3)(b).
883     2.  Has not been adjudicated guilty of, or adjudicated
884delinquent for committing, any of the acts stemming from the
885arrest or alleged criminal activity to which the petition
886pertains.
887     3.  Has never secured a prior sealing or expunction of a
888criminal history record under this section, former s. 893.14,
889former s. 901.33, or former s. 943.058, or from any jurisdiction
890outside the state.
891     4.  Is eligible for such an expunction to the best of his
892or her knowledge or belief and does not have any other petition
893to expunge or any petition to seal pending before any court.
894
895Any person who knowingly provides false information on such
896sworn statement to the court commits a felony of the third
897degree, punishable as provided in s. 775.082, s. 775.083, or s.
898775.084.
899     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
900petitioning the court to expunge a criminal history record, a
901person seeking to expunge a criminal history record shall apply
902to the department for a certificate of eligibility for
903expunction. The department shall, by rule adopted pursuant to
904chapter 120, establish procedures pertaining to the application
905for and issuance of certificates of eligibility for expunction.
906The department shall issue a certificate of eligibility for
907expunction to a person who is the subject of a criminal history
908record if that person:
909     (a)  Has obtained, and submitted to the department, a
910written, certified statement from the appropriate state attorney
911or statewide prosecutor which indicates:
912     1.  That an indictment, information, or other charging
913document was not filed or issued in the case.
914     2.  That an indictment, information, or other charging
915document, if filed or issued in the case, was dismissed or nolle
916prosequi by the state attorney or statewide prosecutor, or was
917dismissed by a court of competent jurisdiction.
918     3.  That the criminal history record does not relate to a
919violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
920s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
921chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
922s. 916.1075, or a violation enumerated in s. 907.041, where the
923defendant was found guilty of, or pled guilty or nolo contendere
924to any such offense, or that the defendant, as a minor, was
925found to have committed, or pled guilty or nolo contendere to
926committing, such an offense as a delinquent act, without regard
927to whether adjudication was withheld.
928     (b)  Remits a $75 processing fee to the department for
929placement in the Department of Law Enforcement Operating Trust
930Fund, unless such fee is waived by the executive director.
931     (c)  Has submitted to the department a certified copy of
932the disposition of the charge to which the petition to expunge
933pertains.
934     (d)  Has never, prior to the date on which the application
935for a certificate of eligibility is filed, been adjudicated
936guilty of a criminal offense or comparable ordinance violation
937or adjudicated delinquent for committing a felony or a
938misdemeanor specified in s. 943.051(3)(b).
939     (e)  Has not been adjudicated guilty of, or adjudicated
940delinquent for committing, any of the acts stemming from the
941arrest or alleged criminal activity to which the petition to
942expunge pertains.
943     (f)  Has never secured a prior sealing or expunction of a
944criminal history record under this section, former s. 893.14,
945former s. 901.33, or former s. 943.058.
946     (g)  Is no longer under court supervision applicable to the
947disposition of the arrest or alleged criminal activity to which
948the petition to expunge pertains.
949     (h)  Is not required to wait a minimum of 10 years prior to
950being eligible for an expunction of such records because all
951charges related to the arrest or criminal activity to which the
952petition to expunge pertains were dismissed prior to trial,
953adjudication, or the withholding of adjudication. Otherwise,
954such criminal history record must be sealed under this section,
955former s. 893.14, former s. 901.33, or former s. 943.058 for at
956least 10 years before such record is eligible for expunction.
957     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
958     (a)  In judicial proceedings under this section, a copy of
959the completed petition to expunge shall be served upon the
960appropriate state attorney or the statewide prosecutor and upon
961the arresting agency; however, it is not necessary to make any
962agency other than the state a party. The appropriate state
963attorney or the statewide prosecutor and the arresting agency
964may respond to the court regarding the completed petition to
965expunge.
966     (b)  If relief is granted by the court, the clerk of the
967court shall certify copies of the order to the appropriate state
968attorney or the statewide prosecutor and the arresting agency.
969The arresting agency is responsible for forwarding the order to
970any other agency to which the arresting agency disseminated the
971criminal history record information to which the order pertains.
972The department shall forward the order to expunge to the Federal
973Bureau of Investigation. The clerk of the court shall certify a
974copy of the order to any other agency which the records of the
975court reflect has received the criminal history record from the
976court.
977     (c)  For an order to expunge entered by a court prior to
978July 1, 1992, the department shall notify the appropriate state
979attorney or statewide prosecutor of an order to expunge which is
980contrary to law because the person who is the subject of the
981record has previously been convicted of a crime or comparable
982ordinance violation or has had a prior criminal history record
983sealed or expunged. Upon receipt of such notice, the appropriate
984state attorney or statewide prosecutor shall take action, within
98560 days, to correct the record and petition the court to void
986the order to expunge. The department shall seal the record until
987such time as the order is voided by the court.
988     (d)  On or after July 1, 1992, the department or any other
989criminal justice agency is not required to act on an order to
990expunge entered by a court when such order does not comply with
991the requirements of this section. Upon receipt of such an order,
992the department must notify the issuing court, the appropriate
993state attorney or statewide prosecutor, the petitioner or the
994petitioner's attorney, and the arresting agency of the reason
995for noncompliance. The appropriate state attorney or statewide
996prosecutor shall take action within 60 days to correct the
997record and petition the court to void the order. No cause of
998action, including contempt of court, shall arise against any
999criminal justice agency for failure to comply with an order to
1000expunge when the petitioner for such order failed to obtain the
1001certificate of eligibility as required by this section or such
1002order does not otherwise comply with the requirements of this
1003section.
1004     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1005criminal history record of a minor or an adult which is ordered
1006expunged by a court of competent jurisdiction pursuant to this
1007section must be physically destroyed or obliterated by any
1008criminal justice agency having custody of such record; except
1009that any criminal history record in the custody of the
1010department must be retained in all cases. A criminal history
1011record ordered expunged that is retained by the department is
1012confidential and exempt from the provisions of s. 119.07(1) and
1013s. 24(a), Art. I of the State Constitution and not available to
1014any person or entity except upon order of a court of competent
1015jurisdiction. A criminal justice agency may retain a notation
1016indicating compliance with an order to expunge.
1017     (a)  The person who is the subject of a criminal history
1018record that is expunged under this section or under other
1019provisions of law, including former s. 893.14, former s. 901.33,
1020and former s. 943.058, may lawfully deny or fail to acknowledge
1021the arrests covered by the expunged record, except when the
1022subject of the record:
1023     1.  Is a candidate for employment with a criminal justice
1024agency;
1025     2.  Is a defendant in a criminal prosecution;
1026     3.  Concurrently or subsequently petitions for relief under
1027this section or s. 943.059;
1028     4.  Is a candidate for admission to The Florida Bar;
1029     5.  Is seeking to be employed or licensed by or to contract
1030with the Department of Children and Family Services or the
1031Department of Juvenile Justice or to be employed or used by such
1032contractor or licensee in a sensitive position having direct
1033contact with children, the developmentally disabled, the aged,
1034or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1035394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1036409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
1037985.407, or chapter 400; or
1038     6.  Is seeking to be employed or licensed by the Office of
1039Teacher Education, Certification, Staff Development, and
1040Professional Practices of the Department of Education, any
1041district school board, or any local governmental entity that
1042licenses child care facilities.
1043     (b)  Subject to the exceptions in paragraph (a), a person
1044who has been granted an expunction under this section, former s.
1045893.14, former s. 901.33, or former s. 943.058 may not be held
1046under any provision of law of this state to commit perjury or to
1047be otherwise liable for giving a false statement by reason of
1048such person's failure to recite or acknowledge an expunged
1049criminal history record.
1050     (c)  Information relating to the existence of an expunged
1051criminal history record which is provided in accordance with
1052paragraph (a) is confidential and exempt from the provisions of
1053s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1054except that the department shall disclose the existence of a
1055criminal history record ordered expunged to the entities set
1056forth in subparagraphs (a)1., 4., 5., and 6. for their
1057respective licensing and employment purposes, and to criminal
1058justice agencies for their respective criminal justice purposes.
1059It is unlawful for any employee of an entity set forth in
1060subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1061subparagraph (a)6. to disclose information relating to the
1062existence of an expunged criminal history record of a person
1063seeking employment or licensure with such entity or contractor,
1064except to the person to whom the criminal history record relates
1065or to persons having direct responsibility for employment or
1066licensure decisions. Any person who violates this paragraph
1067commits a misdemeanor of the first degree, punishable as
1068provided in s. 775.082 or s. 775.083.
1069     (5)  STATUTORY REFERENCES.--Any reference to any other
1070chapter, section, or subdivision of the Florida Statutes in this
1071section constitutes a general reference under the doctrine of
1072incorporation by reference.
1073     Section 10.  Section 943.059, Florida Statutes, is amended
1074to read:
1075     943.059  Court-ordered sealing of criminal history
1076records.--The courts of this state shall continue to have
1077jurisdiction over their own procedures, including the
1078maintenance, sealing, and correction of judicial records
1079containing criminal history information to the extent such
1080procedures are not inconsistent with the conditions,
1081responsibilities, and duties established by this section. Any
1082court of competent jurisdiction may order a criminal justice
1083agency to seal the criminal history record of a minor or an
1084adult who complies with the requirements of this section. The
1085court shall not order a criminal justice agency to seal a
1086criminal history record until the person seeking to seal a
1087criminal history record has applied for and received a
1088certificate of eligibility for sealing pursuant to subsection
1089(2). A criminal history record that relates to a violation of s.
1090393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1091800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1092847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1093a violation enumerated in s. 907.041 may not be sealed, without
1094regard to whether adjudication was withheld, if the defendant
1095was found guilty of or pled guilty or nolo contendere to the
1096offense, or if the defendant, as a minor, was found to have
1097committed or pled guilty or nolo contendere to committing the
1098offense as a delinquent act. The court may only order sealing of
1099a criminal history record pertaining to one arrest or one
1100incident of alleged criminal activity, except as provided in
1101this section. The court may, at its sole discretion, order the
1102sealing of a criminal history record pertaining to more than one
1103arrest if the additional arrests directly relate to the original
1104arrest. If the court intends to order the sealing of records
1105pertaining to such additional arrests, such intent must be
1106specified in the order. A criminal justice agency may not seal
1107any record pertaining to such additional arrests if the order to
1108seal does not articulate the intention of the court to seal
1109records pertaining to more than one arrest. This section does
1110not prevent the court from ordering the sealing of only a
1111portion of a criminal history record pertaining to one arrest or
1112one incident of alleged criminal activity. Notwithstanding any
1113law to the contrary, a criminal justice agency may comply with
1114laws, court orders, and official requests of other jurisdictions
1115relating to sealing, correction, or confidential handling of
1116criminal history records or information derived therefrom. This
1117section does not confer any right to the sealing of any criminal
1118history record, and any request for sealing a criminal history
1119record may be denied at the sole discretion of the court.
1120     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1121petition to a court to seal a criminal history record is
1122complete only when accompanied by:
1123     (a)  A certificate of eligibility for sealing issued by the
1124department pursuant to subsection (2).
1125     (b)  The petitioner's sworn statement attesting that the
1126petitioner:
1127     1.  Has never, prior to the date on which the petition is
1128filed, been adjudicated guilty of a criminal offense or
1129comparable ordinance violation or adjudicated delinquent for
1130committing a felony or a misdemeanor specified in s.
1131943.051(3)(b).
1132     2.  Has not been adjudicated guilty of or adjudicated
1133delinquent for committing any of the acts stemming from the
1134arrest or alleged criminal activity to which the petition to
1135seal pertains.
1136     3.  Has never secured a prior sealing or expunction of a
1137criminal history record under this section, former s. 893.14,
1138former s. 901.33, former s. 943.058, or from any jurisdiction
1139outside the state.
1140     4.  Is eligible for such a sealing to the best of his or
1141her knowledge or belief and does not have any other petition to
1142seal or any petition to expunge pending before any court.
1143
1144Any person who knowingly provides false information on such
1145sworn statement to the court commits a felony of the third
1146degree, punishable as provided in s. 775.082, s. 775.083, or s.
1147775.084.
1148     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1149petitioning the court to seal a criminal history record, a
1150person seeking to seal a criminal history record shall apply to
1151the department for a certificate of eligibility for sealing. The
1152department shall, by rule adopted pursuant to chapter 120,
1153establish procedures pertaining to the application for and
1154issuance of certificates of eligibility for sealing. The
1155department shall issue a certificate of eligibility for sealing
1156to a person who is the subject of a criminal history record
1157provided that such person:
1158     (a)  Has submitted to the department a certified copy of
1159the disposition of the charge to which the petition to seal
1160pertains.
1161     (b)  Remits a $75 processing fee to the department for
1162placement in the Department of Law Enforcement Operating Trust
1163Fund, unless such fee is waived by the executive director.
1164     (c)  Has never, prior to the date on which the application
1165for a certificate of eligibility is filed, been adjudicated
1166guilty of a criminal offense or comparable ordinance violation
1167or adjudicated delinquent for committing a felony or a
1168misdemeanor specified in s. 943.051(3)(b).
1169     (d)  Has not been adjudicated guilty of or adjudicated
1170delinquent for committing any of the acts stemming from the
1171arrest or alleged criminal activity to which the petition to
1172seal pertains.
1173     (e)  Has never secured a prior sealing or expunction of a
1174criminal history record under this section, former s. 893.14,
1175former s. 901.33, or former s. 943.058.
1176     (f)  Is no longer under court supervision applicable to the
1177disposition of the arrest or alleged criminal activity to which
1178the petition to seal pertains.
1179     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1180     (a)  In judicial proceedings under this section, a copy of
1181the completed petition to seal shall be served upon the
1182appropriate state attorney or the statewide prosecutor and upon
1183the arresting agency; however, it is not necessary to make any
1184agency other than the state a party. The appropriate state
1185attorney or the statewide prosecutor and the arresting agency
1186may respond to the court regarding the completed petition to
1187seal.
1188     (b)  If relief is granted by the court, the clerk of the
1189court shall certify copies of the order to the appropriate state
1190attorney or the statewide prosecutor and to the arresting
1191agency. The arresting agency is responsible for forwarding the
1192order to any other agency to which the arresting agency
1193disseminated the criminal history record information to which
1194the order pertains. The department shall forward the order to
1195seal to the Federal Bureau of Investigation. The clerk of the
1196court shall certify a copy of the order to any other agency
1197which the records of the court reflect has received the criminal
1198history record from the court.
1199     (c)  For an order to seal entered by a court prior to July
12001, 1992, the department shall notify the appropriate state
1201attorney or statewide prosecutor of any order to seal which is
1202contrary to law because the person who is the subject of the
1203record has previously been convicted of a crime or comparable
1204ordinance violation or has had a prior criminal history record
1205sealed or expunged. Upon receipt of such notice, the appropriate
1206state attorney or statewide prosecutor shall take action, within
120760 days, to correct the record and petition the court to void
1208the order to seal. The department shall seal the record until
1209such time as the order is voided by the court.
1210     (d)  On or after July 1, 1992, the department or any other
1211criminal justice agency is not required to act on an order to
1212seal entered by a court when such order does not comply with the
1213requirements of this section. Upon receipt of such an order, the
1214department must notify the issuing court, the appropriate state
1215attorney or statewide prosecutor, the petitioner or the
1216petitioner's attorney, and the arresting agency of the reason
1217for noncompliance. The appropriate state attorney or statewide
1218prosecutor shall take action within 60 days to correct the
1219record and petition the court to void the order. No cause of
1220action, including contempt of court, shall arise against any
1221criminal justice agency for failure to comply with an order to
1222seal when the petitioner for such order failed to obtain the
1223certificate of eligibility as required by this section or when
1224such order does not comply with the requirements of this
1225section.
1226     (e)  An order sealing a criminal history record pursuant to
1227this section does not require that such record be surrendered to
1228the court, and such record shall continue to be maintained by
1229the department and other criminal justice agencies.
1230     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1231history record of a minor or an adult which is ordered sealed by
1232a court of competent jurisdiction pursuant to this section is
1233confidential and exempt from the provisions of s. 119.07(1) and
1234s. 24(a), Art. I of the State Constitution and is available only
1235to the person who is the subject of the record, to the subject's
1236attorney, to criminal justice agencies for their respective
1237criminal justice purposes, or to those entities set forth in
1238subparagraphs (a)1., 4., 5., and 6. for their respective
1239licensing and employment purposes.
1240     (a)  The subject of a criminal history record sealed under
1241this section or under other provisions of law, including former
1242s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1243deny or fail to acknowledge the arrests covered by the sealed
1244record, except when the subject of the record:
1245     1.  Is a candidate for employment with a criminal justice
1246agency;
1247     2.  Is a defendant in a criminal prosecution;
1248     3.  Concurrently or subsequently petitions for relief under
1249this section or s. 943.0585;
1250     4.  Is a candidate for admission to The Florida Bar;
1251     5.  Is seeking to be employed or licensed by or to contract
1252with the Department of Children and Family Services or the
1253Department of Juvenile Justice or to be employed or used by such
1254contractor or licensee in a sensitive position having direct
1255contact with children, the developmentally disabled, the aged,
1256or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1257394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1258409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1259(13), s. 985.407, or chapter 400; or
1260     6.  Is seeking to be employed or licensed by the Office of
1261Teacher Education, Certification, Staff Development, and
1262Professional Practices of the Department of Education, any
1263district school board, or any local governmental entity which
1264licenses child care facilities.
1265     (b)  Subject to the exceptions in paragraph (a), a person
1266who has been granted a sealing under this section, former s.
1267893.14, former s. 901.33, or former s. 943.058 may not be held
1268under any provision of law of this state to commit perjury or to
1269be otherwise liable for giving a false statement by reason of
1270such person's failure to recite or acknowledge a sealed criminal
1271history record.
1272     (c)  Information relating to the existence of a sealed
1273criminal record provided in accordance with the provisions of
1274paragraph (a) is confidential and exempt from the provisions of
1275s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1276except that the department shall disclose the sealed criminal
1277history record to the entities set forth in subparagraphs (a)1.,
12784., 5., and 6. for their respective licensing and employment
1279purposes. It is unlawful for any employee of an entity set forth
1280in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1281or subparagraph (a)6. to disclose information relating to the
1282existence of a sealed criminal history record of a person
1283seeking employment or licensure with such entity or contractor,
1284except to the person to whom the criminal history record relates
1285or to persons having direct responsibility for employment or
1286licensure decisions. Any person who violates the provisions of
1287this paragraph commits a misdemeanor of the first degree,
1288punishable as provided in s. 775.082 or s. 775.083.
1289     (5)  STATUTORY REFERENCES.--Any reference to any other
1290chapter, section, or subdivision of the Florida Statutes in this
1291section constitutes a general reference under the doctrine of
1292incorporation by reference.
1293     Section 11.  Paragraph (a) of subsection (2) of section
1294400.215, Florida Statutes, is amended, and paragraphs (b) and
1295(c) of subsection (2) and subsection (3) of said section are
1296reenacted for the purpose of incorporating the amendments to
1297sections 435.03 and 435.04, Florida Statutes, in references
1298thereto, to read:
1299     400.215  Personnel screening requirement.--
1300     (2)  Employers and employees shall comply with the
1301requirements of s. 435.05.
1302     (a)  Notwithstanding the provisions of s. 435.05(1),
1303facilities must have in their possession evidence that level 1
1304screening has been completed before allowing an employee to
1305begin working with patients as provided in subsection (1). All
1306information necessary for conducting background screening using
1307level 1 standards as specified in s. 435.03(1) shall be
1308submitted by the nursing facility to the agency. Results of the
1309background screening shall be provided by the agency to the
1310requesting nursing facility.
1311     (b)  Employees qualified under the provisions of paragraph
1312(a) who have not maintained continuous residency within the
1313state for the 5 years immediately preceding the date of request
1314for background screening must complete level 2 screening, as
1315provided in chapter 435. Such employees may work in a
1316conditional status up to 180 days pending the receipt of written
1317findings evidencing the completion of level 2 screening. Level 2
1318screening shall not be required of employees or prospective
1319employees who attest in writing under penalty of perjury that
1320they meet the residency requirement. Completion of level 2
1321screening shall require the employee or prospective employee to
1322furnish to the nursing facility a full set of fingerprints to
1323enable a criminal background investigation to be conducted. The
1324nursing facility shall submit the completed fingerprint card to
1325the agency. The agency shall establish a record of the request
1326in the database provided for in paragraph (c) and forward the
1327request to the Department of Law Enforcement, which is
1328authorized to submit the fingerprints to the Federal Bureau of
1329Investigation for a national criminal history records check. The
1330results of the national criminal history records check shall be
1331returned to the agency, which shall maintain the results in the
1332database provided for in paragraph (c). The agency shall notify
1333the administrator of the requesting nursing facility or the
1334administrator of any other facility licensed under chapter 393,
1335chapter 394, chapter 395, chapter 397, or this chapter, as
1336requested by such facility, as to whether or not the employee
1337has qualified under level 1 or level 2 screening. An employee or
1338prospective employee who has qualified under level 2 screening
1339and has maintained such continuous residency within the state
1340shall not be required to complete a subsequent level 2 screening
1341as a condition of employment at another facility.
1342     (c)  The agency shall establish and maintain a database of
1343background screening information which shall include the results
1344of both level 1 and level 2 screening. The Department of Law
1345Enforcement shall timely provide to the agency, electronically,
1346the results of each statewide screening for incorporation into
1347the database. The agency shall, upon request from any facility,
1348agency, or program required by or authorized by law to screen
1349its employees or applicants, notify the administrator of the
1350facility, agency, or program of the qualifying or disqualifying
1351status of the employee or applicant named in the request.
1352     (3)  The applicant is responsible for paying the fees
1353associated with obtaining the required screening. Payment for
1354the screening shall be submitted to the agency. The agency shall
1355establish a schedule of fees to cover the costs of level 1 and
1356level 2 screening. Facilities may reimburse employees for these
1357costs. The Department of Law Enforcement shall charge the agency
1358for a level 1 or level 2 screening a rate sufficient to cover
1359the costs of such screening pursuant to s. 943.053(3). The
1360agency shall, as allowable, reimburse nursing facilities for the
1361cost of conducting background screening as required by this
1362section. This reimbursement will not be subject to any rate
1363ceilings or payment targets in the Medicaid Reimbursement plan.
1364     Section 12.  For the purpose of incorporating the
1365amendments to sections 435.03 and 435.04, Florida Statutes, in
1366references thereto, subsections (1) and (2) of section 400.964,
1367Florida Statutes, are reenacted, and subsection (7) of said
1368section is amended and reenacted, to read:
1369     400.964  Personnel screening requirement.--
1370     (1)  The agency shall require level 2 background screening
1371as provided in chapter 435 for all employees or prospective
1372employees of facilities licensed under this part who are
1373expected to be, or whose responsibilities are such that they
1374would be considered to be, a direct service provider.
1375     (2)  Employers and employees shall comply with the
1376requirements of chapter 435.
1377     (7)  All employees must comply with the requirements of
1378this section by October 1, 2000. A person employed by a facility
1379licensed pursuant to this part as of the effective date of this
1380act is not required to submit to rescreening if the facility has
1381in its possession written evidence that the person has been
1382screened and qualified according to level 1 standards as
1383specified in s. 435.03(1). Any current employee who meets the
1384level 1 requirement but does not meet the 5-year residency
1385requirement must provide to the employing facility written
1386attestation under penalty of perjury that the employee has not
1387been convicted of a disqualifying offense in another state or
1388jurisdiction. All applicants hired on or after October 1, 1999,
1389must comply with the requirements of this section.
1390     Section 13.  For the purpose of incorporating the amendment
1391to section 435.04, Florida Statutes, in a reference thereto,
1392paragraph (a) of subsection (1) of section 435.045, Florida
1393Statutes, is amended and reenacted to read:
1394     435.045  Requirements for placement of dependent
1395children.--
1396     (1)(a)  Unless an election provided for in subsection (2)
1397is made with respect to the state, the department is authorized
1398to conduct criminal records checks equivalent to the level 2
1399screening required in s. 435.04(1) for any person being
1400considered by the department for placement of a child subject to
1401a placement decision pursuant to chapter 39. Approval shall not
1402be granted:
1403     1.  In any case in which a record check reveals a felony
1404conviction for child abuse, abandonment, or neglect; for spousal
1405abuse; for a crime against children, including child
1406pornography, or for a crime involving violence, including rape,
1407sexual assault, or homicide but not including other physical
1408assault or battery, if the department finds that a court of
1409competent jurisdiction has determined that the felony was
1410committed at any time; and
1411     2.  In any case in which a record check reveals a felony
1412conviction for physical assault, battery, or a drug-related
1413offense, if the department finds that a court of competent
1414jurisdiction has determined that the felony was committed within
1415the past 5 years.
1416     Section 14.  For the purpose of incorporating the
1417amendments to sections 435.03 and 435.04, Florida Statutes, in
1418references thereto, paragraphs (f) and (g) of subsection (1) of
1419section 400.414, Florida Statutes, are reenacted to read:
1420     400.414  Denial, revocation, or suspension of license;
1421imposition of administrative fine; grounds.--
1422     (1)  The agency may deny, revoke, or suspend any license
1423issued under this part, or impose an administrative fine in the
1424manner provided in chapter 120, for any of the following actions
1425by an assisted living facility, for the actions of any person
1426subject to level 2 background screening under s. 400.4174, or
1427for the actions of any facility employee:
1428     (f)  A determination that a person subject to level 2
1429background screening under s. 400.4174(1) does not meet the
1430screening standards of s. 435.04 or that the facility is
1431retaining an employee subject to level 1 background screening
1432standards under s. 400.4174(2) who does not meet the screening
1433standards of s. 435.03 and for whom exemptions from
1434disqualification have not been provided by the agency.
1435     (g)  A determination that an employee, volunteer,
1436administrator, or owner, or person who otherwise has access to
1437the residents of a facility does not meet the criteria specified
1438in s. 435.03(2), and the owner or administrator has not taken
1439action to remove the person. Exemptions from disqualification
1440may be granted as set forth in s. 435.07. No administrative
1441action may be taken against the facility if the person is
1442granted an exemption.
1443
1444Administrative proceedings challenging agency action under this
1445subsection shall be reviewed on the basis of the facts and
1446conditions that resulted in the agency action.
1447     Section 15.  For the purpose of incorporating the
1448amendments to sections 435.03 and 435.04, Florida Statutes, in
1449references thereto, section 400.4174, Florida Statutes, is
1450reenacted to read:
1451     400.4174  Background screening; exemptions.--
1452     (1)(a)  Level 2 background screening must be conducted on
1453each of the following persons, who shall be considered employees
1454for the purposes of conducting screening under chapter 435:
1455     1.  The facility owner if an individual, the administrator,
1456and the financial officer.
1457     2.  An officer or board member if the facility owner is a
1458firm, corporation, partnership, or association, or any person
1459owning 5 percent or more of the facility if the agency has
1460probable cause to believe that such person has been convicted of
1461any offense prohibited by s. 435.04. For each officer, board
1462member, or person owning 5 percent or more who has been
1463convicted of any such offense, the facility shall submit to the
1464agency a description and explanation of the conviction at the
1465time of license application. This subparagraph does not apply to
1466a board member of a not-for-profit corporation or organization
1467if the board member serves solely in a voluntary capacity, does
1468not regularly take part in the day-to-day operational decisions
1469of the corporation or organization, receives no remuneration for
1470his or her services, and has no financial interest and has no
1471family members with a financial interest in the corporation or
1472organization, provided that the board member and facility submit
1473a statement affirming that the board member's relationship to
1474the facility satisfies the requirements of this subparagraph.
1475     (b)  Proof of compliance with level 2 screening standards
1476which has been submitted within the previous 5 years to meet any
1477facility or professional licensure requirements of the agency or
1478the Department of Health satisfies the requirements of this
1479subsection, provided that such proof is accompanied, under
1480penalty of perjury, by an affidavit of compliance with the
1481provisions of chapter 435. Proof of compliance with the
1482background screening requirements of the Financial Services
1483Commission and the Office of Insurance Regulation for applicants
1484for a certificate of authority to operate a continuing care
1485retirement community under chapter 651, submitted within the
1486last 5 years, satisfies the Department of Law Enforcement and
1487Federal Bureau of Investigation portions of a level 2 background
1488check.
1489     (c)  The agency may grant a provisional license to a
1490facility applying for an initial license when each individual
1491required by this subsection to undergo screening has completed
1492the Department of Law Enforcement background checks, but has not
1493yet received results from the Federal Bureau of Investigation,
1494or when a request for an exemption from disqualification has
1495been submitted to the agency pursuant to s. 435.07, but a
1496response has not been issued.
1497     (2)  The owner or administrator of an assisted living
1498facility must conduct level 1 background screening, as set forth
1499in chapter 435, on all employees hired on or after October 1,
15001998, who perform personal services as defined in s.
1501400.402(17). The agency may exempt an individual from employment
1502disqualification as set forth in chapter 435. Such persons shall
1503be considered as having met this requirement if:
1504     (a)  Proof of compliance with level 1 screening
1505requirements obtained to meet any professional license
1506requirements in this state is provided and accompanied, under
1507penalty of perjury, by a copy of the person's current
1508professional license and an affidavit of current compliance with
1509the background screening requirements.
1510     (b)  The person required to be screened has been
1511continuously employed in the same type of occupation for which
1512the person is seeking employment without a breach in service
1513which exceeds 180 days, and proof of compliance with the level 1
1514screening requirement which is no more than 2 years old is
1515provided. Proof of compliance shall be provided directly from
1516one employer or contractor to another, and not from the person
1517screened. Upon request, a copy of screening results shall be
1518provided by the employer retaining documentation of the
1519screening to the person screened.
1520     (c)  The person required to be screened is employed by a
1521corporation or business entity or related corporation or
1522business entity that owns, operates, or manages more than one
1523facility or agency licensed under this chapter, and for whom a
1524level 1 screening was conducted by the corporation or business
1525entity as a condition of initial or continued employment.
1526     Section 16.  For the purpose of incorporating the
1527amendments to sections 435.03 and 435.04, Florida Statutes, in
1528references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1529of subsection (4) of section 400.509, Florida Statutes, are
1530reenacted to read:
1531     400.509  Registration of particular service providers
1532exempt from licensure; certificate of registration; regulation
1533of registrants.--
1534     (4)  Each applicant for registration must comply with the
1535following requirements:
1536     (a)  Upon receipt of a completed, signed, and dated
1537application, the agency shall require background screening, in
1538accordance with the level 1 standards for screening set forth in
1539chapter 435, of every individual who will have contact with the
1540client. The agency shall require background screening of the
1541managing employee or other similarly titled individual who is
1542responsible for the operation of the entity, and of the
1543financial officer or other similarly titled individual who is
1544responsible for the financial operation of the entity, including
1545billings for client services in accordance with the level 2
1546standards for background screening as set forth in chapter 435.
1547     (b)  The agency may require background screening of any
1548other individual who is affiliated with the applicant if the
1549agency has a reasonable basis for believing that he or she has
1550been convicted of a crime or has committed any other offense
1551prohibited under the level 2 standards for screening set forth
1552in chapter 435.
1553     (c)  Proof of compliance with the level 2 background
1554screening requirements of chapter 435 which has been submitted
1555within the previous 5 years in compliance with any other health
1556care or assisted living licensure requirements of this state is
1557acceptable in fulfillment of paragraph (a).
1558     (d)  A provisional registration may be granted to an
1559applicant when each individual required by this section to
1560undergo background screening has met the standards for the
1561abuse-registry background check through the agency and the
1562Department of Law Enforcement background check, but the agency
1563has not yet received background screening results from the
1564Federal Bureau of Investigation. A standard registration may be
1565granted to the applicant upon the agency's receipt of a report
1566of the results of the Federal Bureau of Investigation background
1567screening for each individual required by this section to
1568undergo background screening which confirms that all standards
1569have been met, or upon the granting of a disqualification
1570exemption by the agency as set forth in chapter 435. Any other
1571person who is required to undergo level 2 background screening
1572may serve in his or her capacity pending the agency's receipt of
1573the report from the Federal Bureau of Investigation. However,
1574the person may not continue to serve if the report indicates any
1575violation of background screening standards and if a
1576disqualification exemption has not been requested of and granted
1577by the agency as set forth in chapter 435.
1578     (f)  Each applicant must submit to the agency a description
1579and explanation of any conviction of an offense prohibited under
1580the level 2 standards of chapter 435 which was committed by a
1581member of the board of directors of the applicant, its officers,
1582or any individual owning 5 percent or more of the applicant.
1583This requirement does not apply to a director of a not-for-
1584profit corporation or organization who serves solely in a
1585voluntary capacity for the corporation or organization, does not
1586regularly take part in the day-to-day operational decisions of
1587the corporation or organization, receives no remuneration for
1588his or her services on the corporation's or organization's board
1589of directors, and has no financial interest and no family
1590members having a financial interest in the corporation or
1591organization, if the director and the not-for-profit corporation
1592or organization include in the application a statement affirming
1593that the director's relationship to the corporation satisfies
1594the requirements of this paragraph.
1595     (g)  A registration may not be granted to an applicant if
1596the applicant or managing employee has been found guilty of,
1597regardless of adjudication, or has entered a plea of nolo
1598contendere or guilty to, any offense prohibited under the level
15992 standards for screening set forth in chapter 435, unless an
1600exemption from disqualification has been granted by the agency
1601as set forth in chapter 435.
1602     Section 17.  For the purpose of incorporating the
1603amendments to sections 435.03 and 435.04, Florida Statutes, in
1604references thereto, paragraph (c) of subsection (2) of section
1605400.556, Florida Statutes, is reenacted to read:
1606     400.556  Denial, suspension, revocation of license;
1607administrative fines; investigations and inspections.--
1608     (2)  Each of the following actions by the owner of an adult
1609day care center or by its operator or employee is a ground for
1610action by the agency against the owner of the center or its
1611operator or employee:
1612     (c)  A failure of persons subject to level 2 background
1613screening under s. 400.4174(1) to meet the screening standards
1614of s. 435.04, or the retention by the center of an employee
1615subject to level 1 background screening standards under s.
1616400.4174(2) who does not meet the screening standards of s.
1617435.03 and for whom exemptions from disqualification have not
1618been provided by the agency.
1619     Section 18.  For the purpose of incorporating the
1620amendments to sections 435.03 and 435.04, Florida Statutes, in
1621references thereto, subsections (1), (2), and (4) of section
1622400.6065, Florida Statutes, are reenacted to read:
1623     400.6065  Background screening.--
1624     (1)  Upon receipt of a completed application under s.
1625400.606, the agency shall require level 2 background screening
1626on each of the following persons, who shall be considered
1627employees for the purposes of conducting screening under chapter
1628435:
1629     (a)  The hospice administrator and financial officer.
1630     (b)  An officer or board member if the hospice is a firm,
1631corporation, partnership, or association, or any person owning 5
1632percent or more of the hospice if the agency has probable cause
1633to believe that such officer, board member, or owner has been
1634convicted of any offense prohibited by s. 435.04. For each
1635officer, board member, or person owning 5 percent or more who
1636has been convicted of any such offense, the hospice shall submit
1637to the agency a description and explanation of the conviction at
1638the time of license application. This paragraph does not apply
1639to a board member of a not-for-profit corporation or
1640organization if the board member serves solely in a voluntary
1641capacity, does not regularly take part in the day-to-day
1642operational decisions of the corporation or organization,
1643receives no remuneration for his or her services, and has no
1644financial interest and has no family members with a financial
1645interest in the corporation or organization, provided that the
1646board member and the corporation or organization submit a
1647statement affirming that the board member's relationship to the
1648corporation or organization satisfies the requirements of this
1649paragraph.
1650     (2)  Proof of compliance with level 2 screening standards
1651which has been submitted within the previous 5 years to meet any
1652facility or professional licensure requirements of the agency or
1653the Department of Health satisfies the requirements of this
1654section.
1655     (4)  The agency shall require employment or contractor
1656screening as provided in chapter 435, using the level 1
1657standards for screening set forth in that chapter, for hospice
1658personnel.
1659     Section 19.  For the purpose of incorporating the
1660amendments to sections 435.03 and 435.04, Florida Statutes, in
1661references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1662of subsection (4) of section 400.980, Florida Statutes, are
1663reenacted to read:
1664     400.980  Health care services pools.--
1665     (4)  Each applicant for registration must comply with the
1666following requirements:
1667     (a)  Upon receipt of a completed, signed, and dated
1668application, the agency shall require background screening, in
1669accordance with the level 1 standards for screening set forth in
1670chapter 435, of every individual who will have contact with
1671patients. The agency shall require background screening of the
1672managing employee or other similarly titled individual who is
1673responsible for the operation of the entity, and of the
1674financial officer or other similarly titled individual who is
1675responsible for the financial operation of the entity, including
1676billings for services in accordance with the level 2 standards
1677for background screening as set forth in chapter 435.
1678     (b)  The agency may require background screening of any
1679other individual who is affiliated with the applicant if the
1680agency has a reasonable basis for believing that he or she has
1681been convicted of a crime or has committed any other offense
1682prohibited under the level 2 standards for screening set forth
1683in chapter 435.
1684     (c)  Proof of compliance with the level 2 background
1685screening requirements of chapter 435 which has been submitted
1686within the previous 5 years in compliance with any other health
1687care or assisted living licensure requirements of this state is
1688acceptable in fulfillment of paragraph (a).
1689     (d)  A provisional registration may be granted to an
1690applicant when each individual required by this section to
1691undergo background screening has met the standards for the
1692Department of Law Enforcement background check but the agency
1693has not yet received background screening results from the
1694Federal Bureau of Investigation. A standard registration may be
1695granted to the applicant upon the agency's receipt of a report
1696of the results of the Federal Bureau of Investigation background
1697screening for each individual required by this section to
1698undergo background screening which confirms that all standards
1699have been met, or upon the granting of a disqualification
1700exemption by the agency as set forth in chapter 435. Any other
1701person who is required to undergo level 2 background screening
1702may serve in his or her capacity pending the agency's receipt of
1703the report from the Federal Bureau of Investigation. However,
1704the person may not continue to serve if the report indicates any
1705violation of background screening standards and if a
1706disqualification exemption has not been requested of and granted
1707by the agency as set forth in chapter 435.
1708     (f)  Each applicant must submit to the agency a description
1709and explanation of any conviction of an offense prohibited under
1710the level 2 standards of chapter 435 which was committed by a
1711member of the board of directors of the applicant, its officers,
1712or any individual owning 5 percent or more of the applicant.
1713This requirement does not apply to a director of a not-for-
1714profit corporation or organization who serves solely in a
1715voluntary capacity for the corporation or organization, does not
1716regularly take part in the day-to-day operational decisions of
1717the corporation or organization, receives no remuneration for
1718his or her services on the corporation's or organization's board
1719of directors, and has no financial interest and no family
1720members having a financial interest in the corporation or
1721organization, if the director and the not-for-profit corporation
1722or organization include in the application a statement affirming
1723that the director's relationship to the corporation satisfies
1724the requirements of this paragraph.
1725     (g)  A registration may not be granted to an applicant if
1726the applicant or managing employee has been found guilty of,
1727regardless of adjudication, or has entered a plea of nolo
1728contendere or guilty to, any offense prohibited under the level
17292 standards for screening set forth in chapter 435, unless an
1730exemption from disqualification has been granted by the agency
1731as set forth in chapter 435.
1732     Section 20.  For the purpose of incorporating the
1733amendments to sections 435.03 and 435.04, Florida Statutes, in
1734references thereto, paragraph (k) of subsection (2) of section
1735409.175, Florida Statutes, is reenacted to read:
1736     409.175  Licensure of family foster homes, residential
1737child-caring agencies, and child-placing agencies; public
1738records exemption.--
1739     (2)  As used in this section, the term:
1740     (k)  "Screening" means the act of assessing the background
1741of personnel and includes, but is not limited to, employment
1742history checks as provided in chapter 435, using the level 2
1743standards for screening set forth in that chapter. Screening for
1744employees and volunteers in summer day camps and summer 24-hour
1745camps and screening for all volunteers included under the
1746definition of "personnel" shall be conducted as provided in
1747chapter 435, using the level 1 standards set forth in that
1748chapter.
1749     Section 21.  For the purpose of incorporating the
1750amendments to sections 435.03 and 435.04, Florida Statutes, in
1751references thereto, paragraph (d) of subsection (8) of section
1752409.907, Florida Statutes, is reenacted to read:
1753     409.907  Medicaid provider agreements.--The agency may make
1754payments for medical assistance and related services rendered to
1755Medicaid recipients only to an individual or entity who has a
1756provider agreement in effect with the agency, who is performing
1757services or supplying goods in accordance with federal, state,
1758and local law, and who agrees that no person shall, on the
1759grounds of handicap, race, color, or national origin, or for any
1760other reason, be subjected to discrimination under any program
1761or activity for which the provider receives payment from the
1762agency.
1763     (8)
1764     (d)  Proof of compliance with the requirements of level 2
1765screening under s. 435.04 conducted within 12 months prior to
1766the date that the Medicaid provider application is submitted to
1767the agency shall fulfill the requirements of this subsection.
1768Proof of compliance with the requirements of level 1 screening
1769under s. 435.03 conducted within 12 months prior to the date
1770that the Medicaid provider application is submitted to the
1771agency shall meet the requirement that the Department of Law
1772Enforcement conduct a state criminal history record check.
1773     Section 22.  For the purpose of incorporating the
1774amendments to sections 435.03 and 435.04, Florida Statutes, in
1775references thereto, subsections (1) and (3) of section 435.05,
1776Florida Statutes, are reenacted to read:
1777     435.05  Requirements for covered employees.--Except as
1778otherwise provided by law, the following requirements shall
1779apply to covered employees:
1780     (1)(a)  Every person employed in a position for which
1781employment screening is required must, within 5 working days
1782after starting to work, submit to the employer a complete set of
1783information necessary to conduct a screening under this section.
1784     (b)  For level 1 screening, the employer must submit the
1785information necessary for screening to the Florida Department of
1786Law Enforcement within 5 working days after receiving it. The
1787Florida Department of Law Enforcement will conduct a search of
1788its records and will respond to the employer agency. The
1789employer will inform the employee whether screening has revealed
1790any disqualifying information.
1791     (c)  For level 2 screening, the employer or licensing
1792agency must submit the information necessary for screening to
1793the Florida Department of Law Enforcement within 5 working days
1794after receiving it. The Florida Department of Law Enforcement
1795will conduct a search of its criminal and juvenile records and
1796will request that the Federal Bureau of Investigation conduct a
1797search of its records for each employee for whom the request is
1798made. The Florida Department of Law Enforcement will respond to
1799the employer or licensing agency, and the employer or licensing
1800agency will inform the employee whether screening has revealed
1801disqualifying information.
1802     (d)  The person whose background is being checked must
1803supply any missing criminal or other necessary information to
1804the employer within 30 days after the employer makes a request
1805for the information or be subject to automatic disqualification.
1806     (3)  Each employer required to conduct level 2 background
1807screening must sign an affidavit annually, under penalty of
1808perjury, stating that all covered employees have been screened
1809or are newly hired and are awaiting the results of the required
1810screening checks.
1811     Section 23.  For the purpose of incorporating the
1812amendments to sections 435.03 and 435.04, Florida Statutes, in
1813references thereto, section 744.3135, Florida Statutes, as
1814amended by chapter 2003-402, Laws of Florida, is reenacted to
1815read:
1816     744.3135  Credit and criminal investigation.-The court may
1817require a nonprofessional guardian and shall require a
1818professional or public guardian, and all employees of a
1819professional guardian who have a fiduciary responsibility to a
1820ward, to submit, at their own expense, to an investigation of
1821the guardian's credit history and to undergo level 2 background
1822screening as required under s. 435.04. The clerk of the court
1823shall obtain fingerprint cards from the Federal Bureau of
1824Investigation and make them available to guardians. Any guardian
1825who is so required shall have his or her fingerprints taken and
1826forward the proper fingerprint card along with the necessary fee
1827to the Florida Department of Law Enforcement for processing. The
1828professional guardian shall pay to the clerk of the court a fee
1829of up to $7.50 for handling and processing professional guardian
1830files. The results of the fingerprint checks shall be forwarded
1831to the clerk of court who shall maintain the results in a
1832guardian file and shall make the results available to the court.
1833If credit or criminal investigations are required, the court
1834must consider the results of the investigations in appointing a
1835guardian. Professional guardians and all employees of a
1836professional guardian who have a fiduciary responsibility to a
1837ward, so appointed, must resubmit, at their own expense, to an
1838investigation of credit history, and undergo level 1 background
1839screening as required under s. 435.03, at least every 2 years
1840after the date of their appointment. At any time, the court may
1841require guardians or their employees to submit to an
1842investigation of credit history and undergo level 1 background
1843screening as required under s. 435.03. The court must consider
1844the results of these investigations in reappointing a guardian.
1845This section shall not apply to a professional guardian, or to
1846the employees of a professional guardian, that is a trust
1847company, a state banking corporation or state savings
1848association authorized and qualified to exercise fiduciary
1849powers in this state, or a national banking association or
1850federal savings and loan association authorized and qualified to
1851exercise fiduciary powers in this state.
1852     Section 24.  For the purpose of incorporating the
1853amendments to sections 435.03 and 435.04, Florida Statutes, in
1854references thereto, subsection (2) of section 985.04, Florida
1855Statutes, is reenacted to read:
1856     985.04  Oaths; records; confidential information.--
1857     (2)  Records maintained by the Department of Juvenile
1858Justice, including copies of records maintained by the court,
1859which pertain to a child found to have committed a delinquent
1860act which, if committed by an adult, would be a crime specified
1861in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1862section for a period of 25 years after the youth's final
1863referral to the department, except in cases of the death of the
1864child. Such records, however, shall be sealed by the court for
1865use only in meeting the screening requirements for personnel in
1866s. 402.3055 and the other sections cited above, or pursuant to
1867departmental rule; however, current criminal history information
1868must be obtained from the Department of Law Enforcement in
1869accordance with s. 943.053. The information shall be released to
1870those persons specified in the above cited sections for the
1871purposes of complying with those sections. The court may punish
1872by contempt any person who releases or uses the records for any
1873unauthorized purpose.
1874     Section 25.  For the purpose of incorporating the amendment
1875to section 435.03, Florida Statutes, in references thereto,
1876section 400.512, Florida Statutes, is reenacted to read:
1877     400.512  Screening of home health agency personnel; nurse
1878registry personnel; and companions and homemakers.--The agency
1879shall require employment or contractor screening as provided in
1880chapter 435, using the level 1 standards for screening set forth
1881in that chapter, for home health agency personnel; persons
1882referred for employment by nurse registries; and persons
1883employed by companion or homemaker services registered under s.
1884400.509.
1885     (1)(a)  The Agency for Health Care Administration may, upon
1886request, grant exemptions from disqualification from employment
1887or contracting under this section as provided in s. 435.07,
1888except for health care practitioners licensed by the Department
1889of Health or a regulatory board within that department.
1890     (b)  The appropriate regulatory board within the Department
1891of Health, or that department itself when there is no board,
1892may, upon request of the licensed health care practitioner,
1893grant exemptions from disqualification from employment or
1894contracting under this section as provided in s. 435.07.
1895     (2)  The administrator of each home health agency, the
1896managing employee of each nurse registry, and the managing
1897employee of each companion or homemaker service registered under
1898s. 400.509 must sign an affidavit annually, under penalty of
1899perjury, stating that all personnel hired, contracted with, or
1900registered on or after October 1, 1994, who enter the home of a
1901patient or client in their service capacity have been screened
1902and that its remaining personnel have worked for the home health
1903agency or registrant continuously since before October 1, 1994.
1904     (3)  As a prerequisite to operating as a home health
1905agency, nurse registry, or companion or homemaker service under
1906s. 400.509, the administrator or managing employee,
1907respectively, must submit to the agency his or her name and any
1908other information necessary to conduct a complete screening
1909according to this section. The agency shall submit the
1910information to the Department of Law Enforcement for state
1911processing. The agency shall review the record of the
1912administrator or manager with respect to the offenses specified
1913in this section and shall notify the owner of its findings. If
1914disposition information is missing on a criminal record, the
1915administrator or manager, upon request of the agency, must
1916obtain and supply within 30 days the missing disposition
1917information to the agency. Failure to supply missing information
1918within 30 days or to show reasonable efforts to obtain such
1919information will result in automatic disqualification.
1920     (4)  Proof of compliance with the screening requirements of
1921chapter 435 shall be accepted in lieu of the requirements of
1922this section if the person has been continuously employed or
1923registered without a breach in service that exceeds 180 days,
1924the proof of compliance is not more than 2 years old, and the
1925person has been screened by the Department of Law Enforcement. A
1926home health agency, nurse registry, or companion or homemaker
1927service registered under s. 400.509 shall directly provide proof
1928of compliance to another home health agency, nurse registry, or
1929companion or homemaker service registered under s. 400.509. The
1930recipient home health agency, nurse registry, or companion or
1931homemaker service registered under s. 400.509 may not accept any
1932proof of compliance directly from the person who requires
1933screening. Proof of compliance with the screening requirements
1934of this section shall be provided upon request to the person
1935screened by the home health agencies; nurse registries; or
1936companion or homemaker services registered under s. 400.509.
1937     (5)  There is no monetary liability on the part of, and no
1938cause of action for damages arises against, a licensed home
1939health agency, licensed nurse registry, or companion or
1940homemaker service registered under s. 400.509, that, upon notice
1941that the employee or contractor has been found guilty of,
1942regardless of adjudication, or entered a plea of nolo contendere
1943or guilty to, any offense prohibited under s. 435.03 or under
1944any similar statute of another jurisdiction, terminates the
1945employee or contractor, whether or not the employee or
1946contractor has filed for an exemption with the agency in
1947accordance with chapter 435 and whether or not the time for
1948filing has expired.
1949     (6)  The costs of processing the statewide correspondence
1950criminal records checks must be borne by the home health agency;
1951the nurse registry; or the companion or homemaker service
1952registered under s. 400.509, or by the person being screened, at
1953the discretion of the home health agency, nurse registry, or s.
1954400.509 registrant.
1955     (7)(a)  It is a misdemeanor of the first degree, punishable
1956under s. 775.082 or s. 775.083, for any person willfully,
1957knowingly, or intentionally to:
1958     1.  Fail, by false statement, misrepresentation,
1959impersonation, or other fraudulent means, to disclose in any
1960application for voluntary or paid employment a material fact
1961used in making a determination as to such person's
1962qualifications to be an employee under this section;
1963     2.  Operate or attempt to operate an entity licensed or
1964registered under this part with persons who do not meet the
1965minimum standards for good moral character as contained in this
1966section; or
1967     3.  Use information from the criminal records obtained
1968under this section for any purpose other than screening that
1969person for employment as specified in this section or release
1970such information to any other person for any purpose other than
1971screening for employment under this section.
1972     (b)  It is a felony of the third degree, punishable under
1973s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1974knowingly, or intentionally to use information from the juvenile
1975records of a person obtained under this section for any purpose
1976other than screening for employment under this section.
1977     Section 26.  For the purpose of incorporating the amendment
1978to section 435.03, Florida Statutes, in references thereto,
1979subsection (4) of section 400.619, Florida Statutes, is
1980reenacted to read:
1981     400.619  Licensure application and renewal.--
1982     (4)  Upon receipt of a completed license application or
1983license renewal, and the fee, the agency shall initiate a level
19841 background screening as provided under chapter 435 on the
1985adult family-care home provider, the designated relief person,
1986all adult household members, and all staff members. The agency
1987shall conduct an onsite visit to the home that is to be
1988licensed.
1989     (a)  Proof of compliance with level 1 screening standards
1990which has been submitted within the previous 5 years to meet any
1991facility or professional licensure requirements of the agency or
1992the Department of Health satisfies the requirements of this
1993subsection. Such proof must be accompanied, under penalty of
1994perjury, by a copy of the person's current professional license
1995and an affidavit of current compliance with the background
1996screening requirements.
1997     (b)  The person required to be screened must have been
1998continuously employed in the same type of occupation for which
1999the person is seeking employment without a breach in service
2000that exceeds 180 days, and proof of compliance with the level 1
2001screening requirement which is no more than 2 years old must be
2002provided. Proof of compliance shall be provided directly from
2003one employer or contractor to another, and not from the person
2004screened. Upon request, a copy of screening results shall be
2005provided to the person screened by the employer retaining
2006documentation of the screening.
2007     Section 27.  For the purpose of incorporating the amendment
2008to section 435.03, Florida Statutes, in references thereto,
2009subsection (1) of section 400.6194, Florida Statutes, is
2010reenacted to read:
2011     400.6194  Denial, revocation, or suspension of a
2012license.--The agency may deny, suspend, or revoke a license for
2013The agency may deny, suspend, or revoke a license for any of the
2014following reasons:
2015     (1)  Failure of any of the persons required to undergo
2016background screening under s. 400.619 to meet the level 1
2017screening standards of s. 435.03, unless an exemption from
2018disqualification has been provided by the agency.
2019     Section 28.  For the purpose of incorporating the amendment
2020to section 435.03, Florida Statutes, in references thereto,
2021section 400.953, Florida Statutes, is reenacted to read:
2022     400.953  Background screening of home medical equipment
2023provider personnel.--The agency shall require employment
2024screening as provided in chapter 435, using the level 1
2025standards for screening set forth in that chapter, for home
2026medical equipment provider personnel.
2027     (1)  The agency may grant exemptions from disqualification
2028from employment under this section as provided in s. 435.07.
2029     (2)  The general manager of each home medical equipment
2030provider must sign an affidavit annually, under penalty of
2031perjury, stating that all home medical equipment provider
2032personnel hired on or after July 1, 1999, who enter the home of
2033a patient in the capacity of their employment have been screened
2034and that its remaining personnel have worked for the home
2035medical equipment provider continuously since before July 1,
20361999.
2037     (3)  Proof of compliance with the screening requirements of
2038s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
2039s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
2040must be accepted in lieu of the requirements of this section if
2041the person has been continuously employed in the same type of
2042occupation for which he or she is seeking employment without a
2043breach in service that exceeds 180 days, the proof of compliance
2044is not more than 2 years old, and the person has been screened
2045by the Department of Law Enforcement. An employer or contractor
2046shall directly provide proof of compliance to another employer
2047or contractor, and a potential employer or contractor may not
2048accept any proof of compliance directly from the person
2049requiring screening. Proof of compliance with the screening
2050requirements of this section shall be provided, upon request, to
2051the person screened by the home medical equipment provider.
2052     (4)  There is no monetary liability on the part of, and no
2053cause of action for damages arising against, a licensed home
2054medical equipment provider that, upon notice that an employee
2055has been found guilty of, regardless of adjudication, or entered
2056a plea of nolo contendere or guilty to, any offense prohibited
2057under s. 435.03 or under any similar statute of another
2058jurisdiction, terminates the employee, whether or not the
2059employee has filed for an exemption with the agency and whether
2060or not the time for filing has expired.
2061     (5)  The costs of processing the statewide correspondence
2062criminal records checks must be borne by the home medical
2063equipment provider or by the person being screened, at the
2064discretion of the home medical equipment provider.
2065     (6)  Neither the agency nor the home medical equipment
2066provider may use the criminal records or juvenile records of a
2067person for any purpose other than determining whether that
2068person meets minimum standards of good moral character for home
2069medical equipment provider personnel.
2070     (7)(a)  It is a misdemeanor of the first degree, punishable
2071as provided in s. 775.082 or s. 775.083, for any person
2072willfully, knowingly, or intentionally to:
2073     1.  Fail, by false statement, misrepresentation,
2074impersonation, or other fraudulent means, to disclose in any
2075application for paid employment a material fact used in making a
2076determination as to the person's qualifications to be an
2077employee under this section;
2078     2.  Operate or attempt to operate an entity licensed under
2079this part with persons who do not meet the minimum standards for
2080good moral character as contained in this section; or
2081     3.  Use information from the criminal records obtained
2082under this section for any purpose other than screening that
2083person for employment as specified in this section, or release
2084such information to any other person for any purpose other than
2085screening for employment under this section.
2086     (b)  It is a felony of the third degree, punishable as
2087provided in s. 775.082, s. 775.083, or s. 775.084, for any
2088person willfully, knowingly, or intentionally to use information
2089from the juvenile records of a person obtained under this
2090section for any purpose other than screening for employment
2091under this section.
2092     Section 29.  For the purpose of incorporating the amendment
2093to section 435.03, Florida Statutes, in references thereto,
2094subsection (32) of section 409.912, Florida Statutes, is
2095reenacted to read:
2096     409.912  Cost-effective purchasing of health care.--The
2097agency shall purchase goods and services for Medicaid recipients
2098in the most cost-effective manner consistent with the delivery
2099of quality medical care. The agency shall maximize the use of
2100prepaid per capita and prepaid aggregate fixed-sum basis
2101services when appropriate and other alternative service delivery
2102and reimbursement methodologies, including competitive bidding
2103pursuant to s. 287.057, designed to facilitate the cost-
2104effective purchase of a case-managed continuum of care. The
2105agency shall also require providers to minimize the exposure of
2106recipients to the need for acute inpatient, custodial, and other
2107institutional care and the inappropriate or unnecessary use of
2108high-cost services. The agency may establish prior authorization
2109requirements for certain populations of Medicaid beneficiaries,
2110certain drug classes, or particular drugs to prevent fraud,
2111abuse, overuse, and possible dangerous drug interactions. The
2112Pharmaceutical and Therapeutics Committee shall make
2113recommendations to the agency on drugs for which prior
2114authorization is required. The agency shall inform the
2115Pharmaceutical and Therapeutics Committee of its decisions
2116regarding drugs subject to prior authorization.
2117     (32)  Each managed care plan that is under contract with
2118the agency to provide health care services to Medicaid
2119recipients shall annually conduct a background check with the
2120Florida Department of Law Enforcement of all persons with
2121ownership interest of 5 percent or more or executive management
2122responsibility for the managed care plan and shall submit to the
2123agency information concerning any such person who has been found
2124guilty of, regardless of adjudication, or has entered a plea of
2125nolo contendere or guilty to, any of the offenses listed in s.
2126435.03.
2127     Section 30.  For the purpose of incorporating the amendment
2128to section 435.03, Florida Statutes, in references thereto,
2129subsection (4) of section 435.07, Florida Statutes, is reenacted
2130to read:
2131     435.07  Exemptions from disqualification.--Unless otherwise
2132provided by law, the provisions of this section shall apply to
2133exemptions from disqualification.
2134     (4)  Disqualification from employment under subsection (1)
2135may not be removed from, nor may an exemption be granted to, any
2136personnel who is found guilty of, regardless of adjudication, or
2137who has entered a plea of nolo contendere or guilty to, any
2138felony covered by s. 435.03 solely by reason of any pardon,
2139executive clemency, or restoration of civil rights.
2140     Section 31.  For the purpose of incorporating the amendment
2141to section 435.03, Florida Statutes, in references thereto,
2142paragraph (e) of subsection (1) of section 464.018, Florida
2143Statutes, is reenacted to read:
2144     464.018  Disciplinary actions.--
2145     (1)  The following acts constitute grounds for denial of a
2146license or disciplinary action, as specified in s. 456.072(2):
2147     (e)  Having been found guilty of, regardless of
2148adjudication, or entered a plea of nolo contendere or guilty to,
2149any offense prohibited under s. 435.03 or under any similar
2150statute of another jurisdiction; or having committed an act
2151which constitutes domestic violence as defined in s. 741.28.
2152     Section 32.  For the purpose of incorporating the amendment
2153to section 435.03, Florida Statutes, in references thereto,
2154subsection (3) of section 744.309, Florida Statutes, is
2155reenacted to read:
2156     744.309  Who may be appointed guardian of a resident
2157ward.--
2158     (3)  DISQUALIFIED PERSONS.--No person who has been
2159convicted of a felony or who, from any incapacity or illness, is
2160incapable of discharging the duties of a guardian, or who is
2161otherwise unsuitable to perform the duties of a guardian, shall
2162be appointed to act as guardian. Further, no person who has been
2163judicially determined to have committed abuse, abandonment, or
2164neglect against a child as defined in s. 39.01 or s. 984.03(1),
2165(2), and (37), or who has been found guilty of, regardless of
2166adjudication, or entered a plea of nolo contendere or guilty to,
2167any offense prohibited under s. 435.03 or under any similar
2168statute of another jurisdiction, shall be appointed to act as a
2169guardian. Except as provided in subsection (5) or subsection
2170(6), a person who provides substantial services to the proposed
2171ward in a professional or business capacity, or a creditor of
2172the proposed ward, may not be appointed guardian and retain that
2173previous professional or business relationship. A person may not
2174be appointed a guardian if he or she is in the employ of any
2175person, agency, government, or corporation that provides service
2176to the proposed ward in a professional or business capacity,
2177except that a person so employed may be appointed if he or she
2178is the spouse, adult child, parent, or sibling of the proposed
2179ward or the court determines that the potential conflict of
2180interest is insubstantial and that the appointment would clearly
2181be in the proposed ward's best interest. The court may not
2182appoint a guardian in any other circumstance in which a conflict
2183of interest may occur.
2184     Section 33.  For the purpose of incorporating the amendment
2185to section 435.03, Florida Statutes, in references thereto,
2186subsection (12) of section 744.474, Florida Statutes, is
2187reenacted to read:
2188     744.474  Reasons for removal of guardian.--A guardian may
2189be removed for any of the following reasons, and the removal
2190shall be in addition to any other penalties prescribed by law:
2191     (12)  Having been found guilty of, regardless of
2192adjudication, or entered a plea of nolo contendere or guilty to,
2193any offense prohibited under s. 435.03 or under any similar
2194statute of another jurisdiction.
2195     Section 34.  For the purpose of incorporating the amendment
2196to section 435.03, Florida Statutes, in references thereto,
2197subsection (4) of section 985.407, Florida Statutes, is
2198reenacted to read:
2199     985.407  Departmental contracting powers; personnel
2200standards and screening.--
2201     (4)  The department shall require employment screening
2202pursuant to chapter 435, using the level 1 standards for
2203screening set forth in that chapter, for personnel in
2204delinquency facilities, services, and programs.
2205     Section 35.  For the purpose of incorporating the amendment
2206to section 435.04, Florida Statutes, in references thereto,
2207paragraph (b) of subsection (2) of section 39.001, Florida
2208Statutes, is reenacted to read:
2209     39.001  Purposes and intent; personnel standards and
2210screening.--
2211     (2)  DEPARTMENT CONTRACTS.--The department may contract
2212with the Federal Government, other state departments and
2213agencies, county and municipal governments and agencies, public
2214and private agencies, and private individuals and corporations
2215in carrying out the purposes of, and the responsibilities
2216established in, this chapter.
2217     (b)  The department shall require employment screening, and
2218rescreening no less frequently than once every 5 years, pursuant
2219to chapter 435, using the level 2 standards set forth in that
2220chapter for personnel in programs for children or youths.
2221     Section 36.  For the purpose of incorporating the amendment
2222to section 435.04, Florida Statutes, in references thereto,
2223subsection (1) of section 39.821, Florida Statutes, is reenacted
2224to read:
2225     39.821  Qualifications of guardians ad litem.--
2226     (1)  Because of the special trust or responsibility placed
2227in a guardian ad litem, the Guardian Ad Litem Program may use
2228any private funds collected by the program, or any state funds
2229so designated, to conduct a security background investigation
2230before certifying a volunteer to serve. A security background
2231investigation must include, but need not be limited to,
2232employment history checks, checks of references, local criminal
2233records checks through local law enforcement agencies, and
2234statewide criminal records checks through the Department of Law
2235Enforcement. Upon request, an employer shall furnish a copy of
2236the personnel record for the employee or former employee who is
2237the subject of a security background investigation conducted
2238under this section. The information contained in the personnel
2239record may include, but need not be limited to, disciplinary
2240matters and the reason why the employee was terminated from
2241employment. An employer who releases a personnel record for
2242purposes of a security background investigation is presumed to
2243have acted in good faith and is not liable for information
2244contained in the record without a showing that the employer
2245maliciously falsified the record. A security background
2246investigation conducted under this section must ensure that a
2247person is not certified as a guardian ad litem if the person has
2248been convicted of, regardless of adjudication, or entered a plea
2249of nolo contendere or guilty to, any offense prohibited under
2250the provisions of the Florida Statutes specified in s. 435.04(2)
2251or under any similar law in another jurisdiction. Before
2252certifying an applicant to serve as a guardian ad litem, the
2253chief judge of the circuit court may request a federal criminal
2254records check of the applicant through the Federal Bureau of
2255Investigation. In analyzing and evaluating the information
2256obtained in the security background investigation, the program
2257must give particular emphasis to past activities involving
2258children, including, but not limited to, child-related criminal
2259offenses or child abuse. The program has the sole discretion in
2260determining whether to certify a person based on his or her
2261security background investigation. The information collected
2262pursuant to the security background investigation is
2263confidential and exempt from s. 119.07(1).
2264     Section 37.  For the purpose of incorporating the amendment
2265to section 435.04, Florida Statutes, in references thereto,
2266paragraphs (a) and (c) of subsection (3) of section 110.1127,
2267Florida Statutes, are reenacted to read:
2268     110.1127  Employee security checks.--
2269     (3)(a)  All positions in programs providing care to
2270children, the developmentally disabled, or vulnerable adults for
227115 hours or more per week; all permanent and temporary employee
2272positions of the central abuse hotline; and all persons working
2273under contract who have access to abuse records are deemed to be
2274persons and positions of special trust or responsibility, and
2275require employment screening pursuant to chapter 435, using the
2276level 2 standards set forth in that chapter.
2277     (c)  All persons and employees in such positions of trust
2278or responsibility shall be required to undergo security
2279background investigations as a condition of employment and
2280continued employment. For the purposes of this subsection,
2281security background investigations shall be conducted as
2282provided in chapter 435, using the level 2 standards for
2283screening set forth in that chapter.
2284     Section 38.  For the purpose of incorporating the amendment
2285to section 435.04, Florida Statutes, in references thereto,
2286paragraph (a) of subsection (12) of section 112.0455, Florida
2287Statutes, is reenacted to read:
2288     112.0455  Drug-Free Workplace Act.--
2289     (12)  DRUG-TESTING STANDARDS; LABORATORIES.--
2290     (a)  A laboratory may analyze initial or confirmation drug
2291specimens only if:
2292     1.  The laboratory is licensed and approved by the Agency
2293for Health Care Administration using criteria established by the
2294United States Department of Health and Human Services as general
2295guidelines for modeling the state drug testing program. Each
2296applicant for licensure must comply with the following
2297requirements:
2298     a.  Upon receipt of a completed, signed, and dated
2299application, the agency shall require background screening, in
2300accordance with the level 2 standards for screening set forth in
2301chapter 435, of the managing employee, or other similarly titled
2302individual responsible for the daily operation of the
2303laboratory, and of the financial officer, or other similarly
2304titled individual who is responsible for the financial operation
2305of the laboratory, including billings for services. The
2306applicant must comply with the procedures for level 2 background
2307screening as set forth in chapter 435, as well as the
2308requirements of s. 435.03(3).
2309     b.  The agency may require background screening of any
2310other individual who is an applicant if the agency has probable
2311cause to believe that he or she has been convicted of an offense
2312prohibited under the level 2 standards for screening set forth
2313in chapter 435.
2314     c.  Proof of compliance with the level 2 background
2315screening requirements of chapter 435 which has been submitted
2316within the previous 5 years in compliance with any other health
2317care licensure requirements of this state is acceptable in
2318fulfillment of screening requirements.
2319     d.  A provisional license may be granted to an applicant
2320when each individual required by this section to undergo
2321background screening has met the standards for the Department of
2322Law Enforcement background check, but the agency has not yet
2323received background screening results from the Federal Bureau of
2324Investigation, or a request for a disqualification exemption has
2325been submitted to the agency as set forth in chapter 435, but a
2326response has not yet been issued. A license may be granted to
2327the applicant upon the agency's receipt of a report of the
2328results of the Federal Bureau of Investigation background
2329screening for each individual required by this section to
2330undergo background screening which confirms that all standards
2331have been met, or upon the granting of a disqualification
2332exemption by the agency as set forth in chapter 435. Any other
2333person who is required to undergo level 2 background screening
2334may serve in his or her capacity pending the agency's receipt of
2335the report from the Federal Bureau of Investigation. However,
2336the person may not continue to serve if the report indicates any
2337violation of background screening standards and a
2338disqualification exemption has not been requested of and granted
2339by the agency as set forth in chapter 435.
2340     e.  Each applicant must submit to the agency, with its
2341application, a description and explanation of any exclusions,
2342permanent suspensions, or terminations of the applicant from the
2343Medicare or Medicaid programs. Proof of compliance with the
2344requirements for disclosure of ownership and control interests
2345under the Medicaid or Medicare programs shall be accepted in
2346lieu of this submission.
2347     f.  Each applicant must submit to the agency a description
2348and explanation of any conviction of an offense prohibited under
2349the level 2 standards of chapter 435 by a member of the board of
2350directors of the applicant, its officers, or any individual
2351owning 5 percent or more of the applicant. This requirement does
2352not apply to a director of a not-for-profit corporation or
2353organization if the director serves solely in a voluntary
2354capacity for the corporation or organization, does not regularly
2355take part in the day-to-day operational decisions of the
2356corporation or organization, receives no remuneration for his or
2357her services on the corporation or organization's board of
2358directors, and has no financial interest and has no family
2359members with a financial interest in the corporation or
2360organization, provided that the director and the not-for-profit
2361corporation or organization include in the application a
2362statement affirming that the director's relationship to the
2363corporation satisfies the requirements of this sub-subparagraph.
2364     g.  A license may not be granted to any applicant if the
2365applicant or managing employee has been found guilty of,
2366regardless of adjudication, or has entered a plea of nolo
2367contendere or guilty to, any offense prohibited under the level
23682 standards for screening set forth in chapter 435, unless an
2369exemption from disqualification has been granted by the agency
2370as set forth in chapter 435.
2371     h.  The agency may deny or revoke licensure if the
2372applicant:
2373     (I)  Has falsely represented a material fact in the
2374application required by sub-subparagraph e. or sub-subparagraph
2375f., or has omitted any material fact from the application
2376required by sub-subparagraph e. or sub-subparagraph f.; or
2377     (II)  Has had prior action taken against the applicant
2378under the Medicaid or Medicare program as set forth in sub-
2379subparagraph e.
2380     i.  An application for license renewal must contain the
2381information required under sub-subparagraphs e. and f.
2382     2.  The laboratory has written procedures to ensure chain
2383of custody.
2384     3.  The laboratory follows proper quality control
2385procedures, including, but not limited to:
2386     a.  The use of internal quality controls including the use
2387of samples of known concentrations which are used to check the
2388performance and calibration of testing equipment, and periodic
2389use of blind samples for overall accuracy.
2390     b.  An internal review and certification process for drug
2391test results, conducted by a person qualified to perform that
2392function in the testing laboratory.
2393     c.  Security measures implemented by the testing laboratory
2394to preclude adulteration of specimens and drug test results.
2395     d.  Other necessary and proper actions taken to ensure
2396reliable and accurate drug test results.
2397     Section 39.  For the purpose of incorporating the amendment
2398to section 435.04, Florida Statutes, in references thereto,
2399subsections (1), (2), and (4) of section 381.0059, Florida
2400Statutes, are reenacted to read:
2401     381.0059  Background screening requirements for school
2402health services personnel.--
2403     (1)  Pursuant to the provisions of chapter 435, any person
2404who provides services under a school health services plan
2405pursuant to s. 381.0056 must meet level 2 screening requirements
2406as described in s. 435.04. A person may satisfy the requirements
2407of this subsection by submitting proof of compliance with the
2408requirements of level 2 screening conducted within 12 months
2409before the date that person initially provides services under a
2410school health services plan.
2411     (2)  A person may provide services under a school health
2412services plan pursuant to s. 381.0056 prior to the completion of
2413level 2 screening. However, pending the results of the
2414screening, such person may not be alone with a minor.
2415     (4)  Under penalty of perjury, each person who provides
2416services under a school health plan pursuant to s. 381.0056 must
2417attest to meeting the level 2 screening requirements for
2418participation under the plan and agree to inform his or her
2419employer immediately if convicted of any disqualifying offense
2420while providing services under a plan.
2421     Section 40.  For the purpose of incorporating the amendment
2422to section 435.04, Florida Statutes, in references thereto,
2423paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2424section 381.60225, Florida Statutes, are reenacted to read:
2425     381.60225  Background screening.--
2426     (1)  Each applicant for certification must comply with the
2427following requirements:
2428     (a)  Upon receipt of a completed, signed, and dated
2429application, the Agency for Health Care Administration shall
2430require background screening, in accordance with the level 2
2431standards for screening set forth in chapter 435, of the
2432managing employee, or other similarly titled individual
2433responsible for the daily operation of the organization, agency,
2434or entity, and financial officer, or other similarly titled
2435individual who is responsible for the financial operation of the
2436organization, agency, or entity, including billings for
2437services. The applicant must comply with the procedures for
2438level 2 background screening as set forth in chapter 435, as
2439well as the requirements of s. 435.03(3).
2440     (b)  The Agency for Health Care Administration may require
2441background screening of any other individual who is an applicant
2442if the Agency for Health Care Administration has probable cause
2443to believe that he or she has been convicted of a crime or has
2444committed any other offense prohibited under the level 2
2445standards for screening set forth in chapter 435.
2446     (c)  Proof of compliance with the level 2 background
2447screening requirements of chapter 435 which has been submitted
2448within the previous 5 years in compliance with any other health
2449care licensure requirements of this state is acceptable in
2450fulfillment of the requirements of paragraph (a).
2451     (d)  A provisional certification may be granted to the
2452organization, agency, or entity when each individual required by
2453this section to undergo background screening has met the
2454standards for the Department of Law Enforcement background
2455check, but the agency has not yet received background screening
2456results from the Federal Bureau of Investigation, or a request
2457for a disqualification exemption has been submitted to the
2458agency as set forth in chapter 435, but a response has not yet
2459been issued. A standard certification may be granted to the
2460organization, agency, or entity upon the agency's receipt of a
2461report of the results of the Federal Bureau of Investigation
2462background screening for each individual required by this
2463section to undergo background screening which confirms that all
2464standards have been met, or upon the granting of a
2465disqualification exemption by the agency as set forth in chapter
2466435. Any other person who is required to undergo level 2
2467background screening may serve in his or her capacity pending
2468the agency's receipt of the report from the Federal Bureau of
2469Investigation. However, the person may not continue to serve if
2470the report indicates any violation of background screening
2471standards and a disqualification exemption has not been
2472requested of and granted by the agency as set forth in chapter
2473435.
2474     (f)  Each applicant must submit to the agency a description
2475and explanation of any conviction of an offense prohibited under
2476the level 2 standards of chapter 435 by a member of the board of
2477directors of the applicant, its officers, or any individual
2478owning 5 percent or more of the applicant. This requirement does
2479not apply to a director of a not-for-profit corporation or
2480organization if the director serves solely in a voluntary
2481capacity for the corporation or organization, does not regularly
2482take part in the day-to-day operational decisions of the
2483corporation or organization, receives no remuneration for his or
2484her services on the corporation or organization's board of
2485directors, and has no financial interest and has no family
2486members with a financial interest in the corporation or
2487organization, provided that the director and the not-for-profit
2488corporation or organization include in the application a
2489statement affirming that the director's relationship to the
2490corporation satisfies the requirements of this paragraph.
2491     (g)  The agency may not certify any organization, agency,
2492or entity if any applicant or managing employee has been found
2493guilty of, regardless of adjudication, or has entered a plea of
2494nolo contendere or guilty to, any offense prohibited under the
2495level 2 standards for screening set forth in chapter 435, unless
2496an exemption from disqualification has been granted by the
2497agency as set forth in chapter 435.
2498     Section 41.  For the purpose of incorporating the amendment
2499to section 435.04, Florida Statutes, in references thereto,
2500paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2501section 383.305, Florida Statutes, are reenacted to read:
2502     383.305  Licensure; issuance, renewal, denial, suspension,
2503revocation; fees; background screening.--
2504     (7)  Each applicant for licensure must comply with the
2505following requirements:
2506     (a)  Upon receipt of a completed, signed, and dated
2507application, the agency shall require background screening, in
2508accordance with the level 2 standards for screening set forth in
2509chapter 435, of the managing employee, or other similarly titled
2510individual who is responsible for the daily operation of the
2511center, and of the financial officer, or other similarly titled
2512individual who is responsible for the financial operation of the
2513center, including billings for patient care and services. The
2514applicant must comply with the procedures for level 2 background
2515screening as set forth in chapter 435 as well as the
2516requirements of s. 435.03(3).
2517     (b)  The agency may require background screening of any
2518other individual who is an applicant if the agency has probable
2519cause to believe that he or she has been convicted of a crime or
2520has committed any other offense prohibited under the level 2
2521standards for screening set forth in chapter 435.
2522     (c)  Proof of compliance with the level 2 background
2523screening requirements of chapter 435 which has been submitted
2524within the previous 5 years in compliance with any other health
2525care licensure requirements of this state is acceptable in
2526fulfillment of the requirements of paragraph (a).
2527     (d)  A provisional license may be granted to an applicant
2528when each individual required by this section to undergo
2529background screening has met the standards for the Department of
2530Law Enforcement background check, but the agency has not yet
2531received background screening results from the Federal Bureau of
2532Investigation, or a request for a disqualification exemption has
2533been submitted to the agency as set forth in chapter 435 but a
2534response has not yet been issued. A standard license may be
2535granted to the applicant upon the agency's receipt of a report
2536of the results of the Federal Bureau of Investigation background
2537screening for each individual required by this section to
2538undergo background screening which confirms that all standards
2539have been met, or upon the granting of a disqualification
2540exemption by the agency as set forth in chapter 435. Any other
2541person who is required to undergo level 2 background screening
2542may serve in his or her capacity pending the agency's receipt of
2543the report from the Federal Bureau of Investigation. However,
2544the person may not continue to serve if the report indicates any
2545violation of background screening standards and a
2546disqualification exemption has not been requested of and granted
2547by the agency as set forth in chapter 435.
2548     (f)  Each applicant must submit to the agency a description
2549and explanation of any conviction of an offense prohibited under
2550the level 2 standards of chapter 435 by a member of the board of
2551directors of the applicant, its officers, or any individual
2552owning 5 percent or more of the applicant. This requirement does
2553not apply to a director of a not-for-profit corporation or
2554organization if the director serves solely in a voluntary
2555capacity for the corporation or organization, does not regularly
2556take part in the day-to-day operational decisions of the
2557corporation or organization, receives no remuneration for his or
2558her services on the corporation or organization's board of
2559directors, and has no financial interest and has no family
2560members with a financial interest in the corporation or
2561organization, provided that the director and the not-for-profit
2562corporation or organization include in the application a
2563statement affirming that the director's relationship to the
2564corporation satisfies the requirements of this paragraph.
2565     (g)  A license may not be granted to an applicant if the
2566applicant or managing employee has been found guilty of,
2567regardless of adjudication, or has entered a plea of nolo
2568contendere or guilty to, any offense prohibited under the level
25692 standards for screening set forth in chapter 435, unless an
2570exemption from disqualification has been granted by the agency
2571as set forth in chapter 435.
2572     Section 42.  For the purpose of incorporating the amendment
2573to section 435.04, Florida Statutes, in references thereto,
2574paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2575section 390.015, Florida Statutes, are reenacted to read:
2576     390.015  Application for license.--
2577     (3)  Each applicant for licensure must comply with the
2578following requirements:
2579     (a)  Upon receipt of a completed, signed, and dated
2580application, the agency shall require background screening, in
2581accordance with the level 2 standards for screening set forth in
2582chapter 435, of the managing employee, or other similarly titled
2583individual who is responsible for the daily operation of the
2584clinic, and financial officer, or other similarly titled
2585individual who is responsible for the financial operation of the
2586clinic, including billings for patient care and services. The
2587applicant must comply with the procedures for level 2 background
2588screening as set forth in chapter 435, as well as the
2589requirements of s. 435.03(3).
2590     (b)  The agency may require background screening of any
2591other individual who is an applicant if the agency has probable
2592cause to believe that he or she has been convicted of a crime or
2593has committed any other offense prohibited under the level 2
2594standards for screening set forth in chapter 435.
2595     (c)  Proof of compliance with the level 2 background
2596screening requirements of chapter 435 which has been submitted
2597within the previous 5 years in compliance with any other health
2598care licensure requirements of this state is acceptable in
2599fulfillment of the requirements of paragraph (a).
2600     (d)  A provisional license may be granted to an applicant
2601when each individual required by this section to undergo
2602background screening has met the standards for the Department of
2603Law Enforcement background check, but the agency has not yet
2604received background screening results from the Federal Bureau of
2605Investigation, or a request for a disqualification exemption has
2606been submitted to the agency as set forth in chapter 435 but a
2607response has not yet been issued. A standard license may be
2608granted to the applicant upon the agency's receipt of a report
2609of the results of the Federal Bureau of Investigation background
2610screening for each individual required by this section to
2611undergo background screening which confirms that all standards
2612have been met, or upon the granting of a disqualification
2613exemption by the agency as set forth in chapter 435. Any other
2614person who is required to undergo level 2 background screening
2615may serve in his or her capacity pending the agency's receipt of
2616the report from the Federal Bureau of Investigation. However,
2617the person may not continue to serve if the report indicates any
2618violation of background screening standards and a
2619disqualification exemption has not been requested of and granted
2620by the agency as set forth in chapter 435.
2621     (f)  Each applicant must submit to the agency a description
2622and explanation of any conviction of an offense prohibited under
2623the level 2 standards of chapter 435 by a member of the board of
2624directors of the applicant, its officers, or any individual
2625owning 5 percent or more of the applicant. This requirement does
2626not apply to a director of a not-for-profit corporation or
2627organization if the director serves solely in a voluntary
2628capacity for the corporation or organization, does not regularly
2629take part in the day-to-day operational decisions of the
2630corporation or organization, receives no remuneration for his or
2631her services on the corporation or organization's board of
2632directors, and has no financial interest and has no family
2633members with a financial interest in the corporation or
2634organization, provided that the director and the not-for-profit
2635corporation or organization include in the application a
2636statement affirming that the director's relationship to the
2637corporation satisfies the requirements of this paragraph.
2638     (g)  A license may not be granted to an applicant if the
2639applicant or managing employee has been found guilty of,
2640regardless of adjudication, or has entered a plea of nolo
2641contendere or guilty to, any offense prohibited under the level
26422 standards for screening set forth in chapter 435, unless an
2643exemption from disqualification has been granted by the agency
2644as set forth in chapter 435.
2645     Section 43.  For the purpose of incorporating the amendment
2646to section 435.04, Florida Statutes, in references thereto,
2647paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2648of section 394.875, Florida Statutes, are reenacted to read:
2649     394.875  Crisis stabilization units, residential treatment
2650facilities, and residential treatment centers for children and
2651adolescents; authorized services; license required; penalties.--
2652     (13)  Each applicant for licensure must comply with the
2653following requirements:
2654     (a)  Upon receipt of a completed, signed, and dated
2655application, the agency shall require background screening, in
2656accordance with the level 2 standards for screening set forth in
2657chapter 435, of the managing employee and financial officer, or
2658other similarly titled individual who is responsible for the
2659financial operation of the facility, including billings for
2660client care and services. The applicant must comply with the
2661procedures for level 2 background screening as set forth in
2662chapter 435, as well as the requirements of s. 435.03(3).
2663     (b)  The agency may require background screening of any
2664other individual who is an applicant if the agency has probable
2665cause to believe that he or she has been convicted of a crime or
2666has committed any other offense prohibited under the level 2
2667standards for screening set forth in chapter 435.
2668     (c)  Proof of compliance with the level 2 background
2669screening requirements of chapter 435 which has been submitted
2670within the previous 5 years in compliance with any other health
2671care licensure requirements of this state is acceptable in
2672fulfillment of the requirements of paragraph (a).
2673     (d)  A provisional license may be granted to an applicant
2674when each individual required by this section to undergo
2675background screening has met the standards for the Department of
2676Law Enforcement background check, but the agency has not yet
2677received background screening results from the Federal Bureau of
2678Investigation, or a request for a disqualification exemption has
2679been submitted to the agency as set forth in chapter 435, but a
2680response has not yet been issued. A standard license may be
2681granted to the applicant upon the agency's receipt of a report
2682of the results of the Federal Bureau of Investigation background
2683screening for each individual required by this section to
2684undergo background screening which confirms that all standards
2685have been met, or upon the granting of a disqualification
2686exemption by the agency as set forth in chapter 435. Any other
2687person who is required to undergo level 2 background screening
2688may serve in his or her capacity pending the agency's receipt of
2689the report from the Federal Bureau of Investigation. However,
2690the person may not continue to serve if the report indicates any
2691violation of background screening standards and a
2692disqualification exemption has not been requested of and granted
2693by the agency as set forth in chapter 435.
2694     (f)  Each applicant must submit to the agency a description
2695and explanation of any conviction of an offense prohibited under
2696the level 2 standards of chapter 435 by a member of the board of
2697directors of the applicant, its officers, or any individual
2698owning 5 percent or more of the applicant. This requirement does
2699not apply to a director of a not-for-profit corporation or
2700organization if the director serves solely in a voluntary
2701capacity for the corporation or organization, does not regularly
2702take part in the day-to-day operational decisions of the
2703corporation or organization, receives no remuneration for his or
2704her services on the corporation or organization's board of
2705directors, and has no financial interest and has no family
2706members with a financial interest in the corporation or
2707organization, provided that the director and the not-for-profit
2708corporation or organization include in the application a
2709statement affirming that the director's relationship to the
2710corporation satisfies the requirements of this paragraph.
2711     (g)  A license may not be granted to an applicant if the
2712applicant or managing employee has been found guilty of,
2713regardless of adjudication, or has entered a plea of nolo
2714contendere or guilty to, any offense prohibited under the level
27152 standards for screening set forth in chapter 435, unless an
2716exemption from disqualification has been granted by the agency
2717as set forth in chapter 435.
2718     Section 44.  For the purpose of incorporating the amendment
2719to section 435.04, Florida Statutes, in references thereto,
2720subsections (1), (2), (3), (4), (6), and (8) of section
2721395.0055, Florida Statutes, are reenacted to read:
2722     395.0055  Background screening.--Each applicant for
2723licensure must comply with the following requirements:
2724     (1)  Upon receipt of a completed, signed, and dated
2725application, the agency shall require background screening of
2726the managing employee in accordance with the level 2 standards
2727for screening set forth in chapter 435, as well as the
2728requirements of s. 435.03(3).
2729     (2)  The agency may require background screening for a
2730member of the board of directors of the licensee, or an officer
2731or an individual owning 5 percent or more of the licensee, if
2732the agency has probable cause to believe that such individual
2733has been convicted of an offense prohibited under the level 2
2734standards for screening set forth in chapter 435.
2735     (3)  Proof of compliance with the level 2 background
2736screening requirements of chapter 435 which has been submitted
2737within the previous 5 years in compliance with any other health
2738care licensure requirements of this state is acceptable in
2739fulfillment of subsection (1).
2740     (4)  A provisional license may be granted to an applicant
2741when each individual required by this section to undergo
2742background screening has met the standards for the Department of
2743Law Enforcement background check, but the agency has not yet
2744received background screening results from the Federal Bureau of
2745Investigation, or a request for a disqualification exemption has
2746been submitted to the agency as set forth in chapter 435 but a
2747response has not yet been issued. A standard license may be
2748granted to the applicant upon the agency's receipt of a report
2749of the results of the Federal Bureau of Investigation background
2750screening for each individual required by this section to
2751undergo background screening which confirms that all standards
2752have been met, or upon the granting of a disqualification
2753exemption by the agency as set forth in chapter 435. Any other
2754person who is required to undergo level 2 background screening
2755may serve in his or her capacity pending the agency's receipt of
2756the report from the Federal Bureau of Investigation; however,
2757the person may not continue to serve if the report indicates any
2758violation of background screening standards and a
2759disqualification exemption has not been requested of and granted
2760by the agency as set forth in chapter 435.
2761     (6)  Each applicant must submit to the agency a description
2762and explanation of any conviction of an offense prohibited under
2763the level 2 standards of chapter 435 by a member of the board of
2764directors of the applicant, its officers, or any individual
2765owning 5 percent or more of the applicant.
2766     (8)  A license may not be granted to an applicant if the
2767applicant or managing employee has been found guilty of,
2768regardless of adjudication, or has entered a plea of nolo
2769contendere or guilty to, any offense prohibited under the level
27702 standards for screening set forth in chapter 435, unless an
2771exemption from disqualification has been granted by the agency
2772as set forth in chapter 435.
2773     Section 45.  For the purpose of incorporating the amendment
2774to section 435.04, Florida Statutes, in references thereto,
2775paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2776section 395.0199, Florida Statutes, are reenacted to read:
2777     395.0199  Private utilization review.--
2778     (4)  Each applicant for registration must comply with the
2779following requirements:
2780     (a)  Upon receipt of a completed, signed, and dated
2781application, the agency shall require background screening, in
2782accordance with the level 2 standards for screening set forth in
2783chapter 435, of the managing employee or other similarly titled
2784individual who is responsible for the operation of the entity.
2785The applicant must comply with the procedures for level 2
2786background screening as set forth in chapter 435, as well as the
2787requirements of s. 435.03(3).
2788     (b)  The agency may require background screening of any
2789other individual who is an applicant, if the agency has probable
2790cause to believe that he or she has been convicted of a crime or
2791has committed any other offense prohibited under the level 2
2792standards for screening set forth in chapter 435.
2793     (c)  Proof of compliance with the level 2 background
2794screening requirements of chapter 435 which has been submitted
2795within the previous 5 years in compliance with any other health
2796care licensure requirements of this state is acceptable in
2797fulfillment of the requirements of paragraph (a).
2798     (d)  A provisional registration may be granted to an
2799applicant when each individual required by this section to
2800undergo background screening has met the standards for the
2801Department of Law Enforcement background check, but the agency
2802has not yet received background screening results from the
2803Federal Bureau of Investigation, or a request for a
2804disqualification exemption has been submitted to the agency as
2805set forth in chapter 435 but a response has not yet been issued.
2806A standard registration may be granted to the applicant upon the
2807agency's receipt of a report of the results of the Federal
2808Bureau of Investigation background screening for each individual
2809required by this section to undergo background screening which
2810confirms that all standards have been met, or upon the granting
2811of a disqualification exemption by the agency as set forth in
2812chapter 435. Any other person who is required to undergo level 2
2813background screening may serve in his or her capacity pending
2814the agency's receipt of the report from the Federal Bureau of
2815Investigation. However, the person may not continue to serve if
2816the report indicates any violation of background screening
2817standards and a disqualification exemption has not been
2818requested of and granted by the agency as set forth in chapter
2819435.
2820     (f)  Each applicant must submit to the agency a description
2821and explanation of any conviction of an offense prohibited under
2822the level 2 standards of chapter 435 by a member of the board of
2823directors of the applicant, its officers, or any individual
2824owning 5 percent or more of the applicant. This requirement does
2825not apply to a director of a not-for-profit corporation or
2826organization if the director serves solely in a voluntary
2827capacity for the corporation or organization, does not regularly
2828take part in the day-to-day operational decisions of the
2829corporation or organization, receives no remuneration for his or
2830her services on the corporation or organization's board of
2831directors, and has no financial interest and has no family
2832members with a financial interest in the corporation or
2833organization, provided that the director and the not-for-profit
2834corporation or organization include in the application a
2835statement affirming that the director's relationship to the
2836corporation satisfies the requirements of this paragraph.
2837     (g)  A registration may not be granted to an applicant if
2838the applicant or managing employee has been found guilty of,
2839regardless of adjudication, or has entered a plea of nolo
2840contendere or guilty to, any offense prohibited under the level
28412 standards for screening set forth in chapter 435, unless an
2842exemption from disqualification has been granted by the agency
2843as set forth in chapter 435.
2844     Section 46.  For the purpose of incorporating the amendment
2845to section 435.04, Florida Statutes, in references thereto,
2846paragraph (a) of subsection (1) of section 397.451, Florida
2847Statutes, is reenacted to read:
2848     397.451  Background checks of service provider personnel.--
2849     (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2850EXCEPTIONS.--
2851     (a)  Background checks shall apply as follows:
2852     1.  All owners, directors, and chief financial officers of
2853service providers are subject to level 2 background screening as
2854provided under chapter 435.
2855     2.  All service provider personnel who have direct contact
2856with children receiving services or with adults who are
2857developmentally disabled receiving services are subject to level
28582 background screening as provided under chapter 435.
2859     Section 47.  For the purpose of incorporating the amendment
2860to section 435.04, Florida Statutes, in references thereto,
2861paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2862section 400.071, Florida Statutes, are reenacted to read:
2863     400.071  Application for license.--
2864     (4)  Each applicant for licensure must comply with the
2865following requirements:
2866     (a)  Upon receipt of a completed, signed, and dated
2867application, the agency shall require background screening of
2868the applicant, in accordance with the level 2 standards for
2869screening set forth in chapter 435. As used in this subsection,
2870the term "applicant" means the facility administrator, or
2871similarly titled individual who is responsible for the day-to-
2872day operation of the licensed facility, and the facility
2873financial officer, or similarly titled individual who is
2874responsible for the financial operation of the licensed
2875facility.
2876     (b)  The agency may require background screening for a
2877member of the board of directors of the licensee or an officer
2878or an individual owning 5 percent or more of the licensee if the
2879agency has probable cause to believe that such individual has
2880been convicted of an offense prohibited under the level 2
2881standards for screening set forth in chapter 435.
2882     (c)  Proof of compliance with the level 2 background
2883screening requirements of chapter 435 which has been submitted
2884within the previous 5 years in compliance with any other health
2885care or assisted living licensure requirements of this state is
2886acceptable in fulfillment of paragraph (a). Proof of compliance
2887with background screening which has been submitted within the
2888previous 5 years to fulfill the requirements of the Financial
2889Services Commission and the Office of Insurance Regulation
2890pursuant to chapter 651 as part of an application for a
2891certificate of authority to operate a continuing care retirement
2892community is acceptable in fulfillment of the Department of Law
2893Enforcement and Federal Bureau of Investigation background
2894check.
2895     (d)  A provisional license may be granted to an applicant
2896when each individual required by this section to undergo
2897background screening has met the standards for the Department of
2898Law Enforcement background check, but the agency has not yet
2899received background screening results from the Federal Bureau of
2900Investigation, or a request for a disqualification exemption has
2901been submitted to the agency as set forth in chapter 435, but a
2902response has not yet been issued. A license may be granted to
2903the applicant upon the agency's receipt of a report of the
2904results of the Federal Bureau of Investigation background
2905screening for each individual required by this section to
2906undergo background screening which confirms that all standards
2907have been met, or upon the granting of a disqualification
2908exemption by the agency as set forth in chapter 435. Any other
2909person who is required to undergo level 2 background screening
2910may serve in his or her capacity pending the agency's receipt of
2911the report from the Federal Bureau of Investigation; however,
2912the person may not continue to serve if the report indicates any
2913violation of background screening standards and a
2914disqualification exemption has not been requested of and granted
2915by the agency as set forth in chapter 435.
2916     (f)  Each applicant must submit to the agency a description
2917and explanation of any conviction of an offense prohibited under
2918the level 2 standards of chapter 435 by a member of the board of
2919directors of the applicant, its officers, or any individual
2920owning 5 percent or more of the applicant. This requirement
2921shall not apply to a director of a not-for-profit corporation or
2922organization if the director serves solely in a voluntary
2923capacity for the corporation or organization, does not regularly
2924take part in the day-to-day operational decisions of the
2925corporation or organization, receives no remuneration for his or
2926her services on the corporation or organization's board of
2927directors, and has no financial interest and has no family
2928members with a financial interest in the corporation or
2929organization, provided that the director and the not-for-profit
2930corporation or organization include in the application a
2931statement affirming that the director's relationship to the
2932corporation satisfies the requirements of this paragraph.
2933     Section 48.  For the purpose of incorporating the amendment
2934to section 435.04, Florida Statutes, in references thereto,
2935paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2936section 400.471, Florida Statutes, are reenacted to read:
2937     400.471  Application for license; fee; provisional license;
2938temporary permit.--
2939     (4)  Each applicant for licensure must comply with the
2940following requirements:
2941     (a)  Upon receipt of a completed, signed, and dated
2942application, the agency shall require background screening of
2943the applicant, in accordance with the level 2 standards for
2944screening set forth in chapter 435. As used in this subsection,
2945the term "applicant" means the administrator, or a similarly
2946titled person who is responsible for the day-to-day operation of
2947the licensed home health agency, and the financial officer, or
2948similarly titled individual who is responsible for the financial
2949operation of the licensed home health agency.
2950     (b)  The agency may require background screening for a
2951member of the board of directors of the licensee or an officer
2952or an individual owning 5 percent or more of the licensee if the
2953agency reasonably suspects that such individual has been
2954convicted of an offense prohibited under the level 2 standards
2955for screening set forth in chapter 435.
2956     (c)  Proof of compliance with the level 2 background
2957screening requirements of chapter 435 which has been submitted
2958within the previous 5 years in compliance with any other health
2959care or assisted living licensure requirements of this state is
2960acceptable in fulfillment of paragraph (a). Proof of compliance
2961with background screening which has been submitted within the
2962previous 5 years to fulfill the requirements of the Financial
2963Services Commission and the Office of Insurance Regulation
2964pursuant to chapter 651 as part of an application for a
2965certificate of authority to operate a continuing care retirement
2966community is acceptable in fulfillment of the Department of Law
2967Enforcement and Federal Bureau of Investigation background
2968check.
2969     (d)  A provisional license may be granted to an applicant
2970when each individual required by this section to undergo
2971background screening has met the standards for the Department of
2972Law Enforcement background check, but the agency has not yet
2973received background screening results from the Federal Bureau of
2974Investigation. A standard license may be granted to the licensee
2975upon the agency's receipt of a report of the results of the
2976Federal Bureau of Investigation background screening for each
2977individual required by this section to undergo background
2978screening which confirms that all standards have been met, or
2979upon the granting of a disqualification exemption by the agency
2980as set forth in chapter 435. Any other person who is required to
2981undergo level 2 background screening may serve in his or her
2982capacity pending the agency's receipt of the report from the
2983Federal Bureau of Investigation. However, the person may not
2984continue to serve if the report indicates any violation of
2985background screening standards and a disqualification exemption
2986has not been requested of and granted by the agency as set forth
2987in chapter 435.
2988     (f)  Each applicant must submit to the agency a description
2989and explanation of any conviction of an offense prohibited under
2990the level 2 standards of chapter 435 by a member of the board of
2991directors of the applicant, its officers, or any individual
2992owning 5 percent or more of the applicant. This requirement does
2993not apply to a director of a not-for-profit corporation or
2994organization if the director serves solely in a voluntary
2995capacity for the corporation or organization, does not regularly
2996take part in the day-to-day operational decisions of the
2997corporation or organization, receives no remuneration for his or
2998her services on the corporation or organization's board of
2999directors, and has no financial interest and has no family
3000members with a financial interest in the corporation or
3001organization, provided that the director and the not-for-profit
3002corporation or organization include in the application a
3003statement affirming that the director's relationship to the
3004corporation satisfies the requirements of this paragraph.
3005     (g)  A license may not be granted to an applicant if the
3006applicant, administrator, or financial officer has been found
3007guilty of, regardless of adjudication, or has entered a plea of
3008nolo contendere or guilty to, any offense prohibited under the
3009level 2 standards for screening set forth in chapter 435, unless
3010an exemption from disqualification has been granted by the
3011agency as set forth in chapter 435.
3012     Section 49.  For the purpose of incorporating the amendment
3013to section 435.04, Florida Statutes, in references thereto,
3014paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3015section 400.506, Florida Statutes, are reenacted to read:
3016     400.506  Licensure of nurse registries; requirements;
3017penalties.--
3018     (2)  Each applicant for licensure must comply with the
3019following requirements:
3020     (a)  Upon receipt of a completed, signed, and dated
3021application, the agency shall require background screening, in
3022accordance with the level 2 standards for screening set forth in
3023chapter 435, of the managing employee, or other similarly titled
3024individual who is responsible for the daily operation of the
3025nurse registry, and of the financial officer, or other similarly
3026titled individual who is responsible for the financial operation
3027of the registry, including billings for patient care and
3028services. The applicant shall comply with the procedures for
3029level 2 background screening as set forth in chapter 435.
3030     (b)  The agency may require background screening of any
3031other individual who is an applicant if the agency has probable
3032cause to believe that he or she has been convicted of a crime or
3033has committed any other offense prohibited under the level 2
3034standards for screening set forth in chapter 435.
3035     (c)  Proof of compliance with the level 2 background
3036screening requirements of chapter 435 which has been submitted
3037within the previous 5 years in compliance with any other health
3038care or assisted living licensure requirements of this state is
3039acceptable in fulfillment of the requirements of paragraph (a).
3040     (d)  A provisional license may be granted to an applicant
3041when each individual required by this section to undergo
3042background screening has met the standards for the Department of
3043Law Enforcement background check but the agency has not yet
3044received background screening results from the Federal Bureau of
3045Investigation. A standard license may be granted to the
3046applicant upon the agency's receipt of a report of the results
3047of the Federal Bureau of Investigation background screening for
3048each individual required by this section to undergo background
3049screening which confirms that all standards have been met, or
3050upon the granting of a disqualification exemption by the agency
3051as set forth in chapter 435. Any other person who is required to
3052undergo level 2 background screening may serve in his or her
3053capacity pending the agency's receipt of the report from the
3054Federal Bureau of Investigation. However, the person may not
3055continue to serve if the report indicates any violation of
3056background screening standards and a disqualification exemption
3057has not been requested of and granted by the agency as set forth
3058in chapter 435.
3059     (f)  Each applicant must submit to the agency a description
3060and explanation of any conviction of an offense prohibited under
3061the level 2 standards of chapter 435 by a member of the board of
3062directors of the applicant, its officers, or any individual
3063owning 5 percent or more of the applicant. This requirement does
3064not apply to a director of a not-for-profit corporation or
3065organization if the director serves solely in a voluntary
3066capacity for the corporation or organization, does not regularly
3067take part in the day-to-day operational decisions of the
3068corporation or organization, receives no remuneration for his or
3069her services on the corporation or organization's board of
3070directors, and has no financial interest and has no family
3071members with a financial interest in the corporation or
3072organization, provided that the director and the not-for-profit
3073corporation or organization include in the application a
3074statement affirming that the director's relationship to the
3075corporation satisfies the requirements of this paragraph.
3076     (g)  A license may not be granted to an applicant if the
3077applicant or managing employee has been found guilty of,
3078regardless of adjudication, or has entered a plea of nolo
3079contendere or guilty to, any offense prohibited under the level
30802 standards for screening set forth in chapter 435, unless an
3081exemption from disqualification has been granted by the agency
3082as set forth in chapter 435.
3083     Section 50.  For the purpose of incorporating the amendment
3084to section 435.04, Florida Statutes, in references thereto,
3085section 400.5572, Florida Statutes, is reenacted to read:
3086     400.5572  Background screening.--
3087     (1)(a)  Level 2 background screening must be conducted on
3088each of the following persons, who shall be considered employees
3089for the purposes of conducting screening under chapter 435:
3090     1.  The adult day care center owner if an individual, the
3091operator, and the financial officer.
3092     2.  An officer or board member if the owner of the adult
3093day care center is a firm, corporation, partnership, or
3094association, or any person owning 5 percent or more of the
3095facility, if the agency has probable cause to believe that such
3096person has been convicted of any offense prohibited by s.
3097435.04. For each officer, board member, or person owning 5
3098percent or more who has been convicted of any such offense, the
3099facility shall submit to the agency a description and
3100explanation of the conviction at the time of license
3101application. This subparagraph does not apply to a board member
3102of a not-for-profit corporation or organization if the board
3103member serves solely in a voluntary capacity, does not regularly
3104take part in the day-to-day operational decisions of the
3105corporation or organization, receives no remuneration for his or
3106her services, and has no financial interest and has no family
3107members with a financial interest in the corporation or
3108organization, provided that the board member and facility submit
3109a statement affirming that the board member's relationship to
3110the facility satisfies the requirements of this subparagraph.
3111     (b)  Proof of compliance with level 2 screening standards
3112which has been submitted within the previous 5 years to meet any
3113facility or professional licensure requirements of the agency or
3114the Department of Health satisfies the requirements of this
3115subsection.
3116     (c)  The agency may grant a provisional license to an adult
3117day care center applying for an initial license when each
3118individual required by this subsection to undergo screening has
3119completed the Department of Law Enforcement background check,
3120but has not yet received results from the Federal Bureau of
3121Investigation, or when a request for an exemption from
3122disqualification has been submitted to the agency pursuant to s.
3123435.07, but a response has not been issued.
3124     (2)  The owner or administrator of an adult day care center
3125must conduct level 1 background screening as set forth in
3126chapter 435 on all employees hired on or after October 1, 1998,
3127who provide basic services or supportive and optional services
3128to the participants. Such persons satisfy this requirement if:
3129     (a)  Proof of compliance with level 1 screening
3130requirements obtained to meet any professional license
3131requirements in this state is provided and accompanied, under
3132penalty of perjury, by a copy of the person's current
3133professional license and an affidavit of current compliance with
3134the background screening requirements.
3135     (b)  The person required to be screened has been
3136continuously employed, without a breach in service that exceeds
3137180 days, in the same type of occupation for which the person is
3138seeking employment and provides proof of compliance with the
3139level 1 screening requirement which is no more than 2 years old.
3140Proof of compliance must be provided directly from one employer
3141or contractor to another, and not from the person screened. Upon
3142request, a copy of screening results shall be provided to the
3143person screened by the employer retaining documentation of the
3144screening.
3145     (c)  The person required to be screened is employed by a
3146corporation or business entity or related corporation or
3147business entity that owns, operates, or manages more than one
3148facility or agency licensed under this chapter, and for whom a
3149level 1 screening was conducted by the corporation or business
3150entity as a condition of initial or continued employment.
3151     Section 51.  For the purpose of incorporating the amendment
3152to section 435.04, Florida Statutes, in references thereto,
3153paragraph (a) of subsection (3) of section 400.607, Florida
3154Statutes, is reenacted to read:
3155     400.607  Denial, suspension, or revocation of license;
3156imposition of administrative fine; grounds; injunctions.--
3157     (3)  The agency may deny or revoke a license upon a
3158determination that:
3159     (a)  Persons subject to level 2 background screening under
3160s. 400.6065 do not meet the screening standards of s. 435.04,
3161and exemptions from disqualification have not been provided by
3162the agency.
3163     Section 52.  For the purpose of incorporating the amendment
3164to section 435.04, Florida Statutes, in references thereto,
3165paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3166section 400.801, Florida Statutes, are reenacted to read:
3167     400.801  Homes for special services.--
3168     (4)  Each applicant for licensure must comply with the
3169following requirements:
3170     (a)  Upon receipt of a completed, signed, and dated
3171application, the agency shall require background screening, in
3172accordance with the level 2 standards for screening set forth in
3173chapter 435, of the managing employee, or other similarly titled
3174individual who is responsible for the daily operation of the
3175facility, and of the financial officer, or other similarly
3176titled individual who is responsible for the financial operation
3177of the facility, including billings for client care and
3178services, in accordance with the level 2 standards for screening
3179set forth in chapter 435. The applicant must comply with the
3180procedures for level 2 background screening as set forth in
3181chapter 435.
3182     (b)  The agency may require background screening of any
3183other individual who is an applicant if the agency has probable
3184cause to believe that he or she has been convicted of a crime or
3185has committed any other offense prohibited under the level 2
3186standards for screening set forth in chapter 435.
3187     (c)  Proof of compliance with the level 2 background
3188screening requirements of chapter 435 which has been submitted
3189within the previous 5 years in compliance with any other health
3190care or assisted living licensure requirements of this state is
3191acceptable in fulfillment of the requirements of paragraph (a).
3192     (d)  A provisional license may be granted to an applicant
3193when each individual required by this section to undergo
3194background screening has met the standards for the Department of
3195Law Enforcement background check, but the agency has not yet
3196received background screening results from the Federal Bureau of
3197Investigation, or a request for a disqualification exemption has
3198been submitted to the agency as set forth in chapter 435, but a
3199response has not yet been issued. A standard license may be
3200granted to the applicant upon the agency's receipt of a report
3201of the results of the Federal Bureau of Investigation background
3202screening for each individual required by this section to
3203undergo background screening which confirms that all standards
3204have been met, or upon the granting of a disqualification
3205exemption by the agency as set forth in chapter 435. Any other
3206person who is required to undergo level 2 background screening
3207may serve in his or her capacity pending the agency's receipt of
3208the report from the Federal Bureau of Investigation. However,
3209the person may not continue to serve if the report indicates any
3210violation of background screening standards and a
3211disqualification exemption has not been requested of and granted
3212by the agency as set forth in chapter 435.
3213     (f)  Each applicant must submit to the agency a description
3214and explanation of any conviction of an offense prohibited under
3215the level 2 standards of chapter 435 by a member of the board of
3216directors of the applicant, its officers, or any individual
3217owning 5 percent or more of the applicant. This requirement does
3218not apply to a director of a not-for-profit corporation or
3219organization if the director serves solely in a voluntary
3220capacity for the corporation or organization, does not regularly
3221take part in the day-to-day operational decisions of the
3222corporation or organization, receives no remuneration for his or
3223her services on the corporation or organization's board of
3224directors, and has no financial interest and has no family
3225members with a financial interest in the corporation or
3226organization, provided that the director and the not-for-profit
3227corporation or organization include in the application a
3228statement affirming that the director's relationship to the
3229corporation satisfies the requirements of this paragraph.
3230     (g)  A license may not be granted to an applicant if the
3231applicant or managing employee has been found guilty of,
3232regardless of adjudication, or has entered a plea of nolo
3233contendere or guilty to, any offense prohibited under the level
32342 standards for screening set forth in chapter 435, unless an
3235exemption from disqualification has been granted by the agency
3236as set forth in chapter 435.
3237     Section 53.  For the purpose of incorporating the amendment
3238to section 435.04, Florida Statutes, in references thereto,
3239paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3240section 400.805, Florida Statutes, are reenacted to read:
3241     400.805  Transitional living facilities.--
3242     (3)  Each applicant for licensure must comply with the
3243following requirements:
3244     (a)  Upon receipt of a completed, signed, and dated
3245application, the agency shall require background screening, in
3246accordance with the level 2 standards for screening set forth in
3247chapter 435, of the managing employee, or other similarly titled
3248individual who is responsible for the daily operation of the
3249facility, and of the financial officer, or other similarly
3250titled individual who is responsible for the financial operation
3251of the facility, including billings for client care and
3252services. The applicant must comply with the procedures for
3253level 2 background screening as set forth in chapter 435.
3254     (b)  The agency may require background screening of any
3255other individual who is an applicant if the agency has probable
3256cause to believe that he or she has been convicted of a crime or
3257has committed any other offense prohibited under the level 2
3258standards for screening set forth in chapter 435.
3259     (c)  Proof of compliance with the level 2 background
3260screening requirements of chapter 435 which has been submitted
3261within the previous 5 years in compliance with any other health
3262care or assisted living licensure requirements of this state is
3263acceptable in fulfillment of the requirements of paragraph (a).
3264     (d)  A provisional license may be granted to an applicant
3265when each individual required by this section to undergo
3266background screening has met the standards for the Department of
3267Law Enforcement background check, but the agency has not yet
3268received background screening results from the Federal Bureau of
3269Investigation, or a request for a disqualification exemption has
3270been submitted to the agency as set forth in chapter 435, but a
3271response has not yet been issued. A standard license may be
3272granted to the applicant upon the agency's receipt of a report
3273of the results of the Federal Bureau of Investigation background
3274screening for each individual required by this section to
3275undergo background screening which confirms that all standards
3276have been met, or upon the granting of a disqualification
3277exemption by the agency as set forth in chapter 435. Any other
3278person who is required to undergo level 2 background screening
3279may serve in his or her capacity pending the agency's receipt of
3280the report from the Federal Bureau of Investigation. However,
3281the person may not continue to serve if the report indicates any
3282violation of background screening standards and a
3283disqualification exemption has not been requested of and granted
3284by the agency as set forth in chapter 435.
3285     (f)  Each applicant must submit to the agency a description
3286and explanation of any conviction of an offense prohibited under
3287the level 2 standards of chapter 435 by a member of the board of
3288directors of the applicant, its officers, or any individual
3289owning 5 percent or more of the applicant. This requirement does
3290not apply to a director of a not-for-profit corporation or
3291organization if the director serves solely in a voluntary
3292capacity for the corporation or organization, does not regularly
3293take part in the day-to-day operational decisions of the
3294corporation or organization, receives no remuneration for his or
3295her services on the corporation or organization's board of
3296directors, and has no financial interest and has no family
3297members with a financial interest in the corporation or
3298organization, provided that the director and the not-for-profit
3299corporation or organization include in the application a
3300statement affirming that the director's relationship to the
3301corporation satisfies the requirements of this paragraph.
3302     (g)  A license may not be granted to an applicant if the
3303applicant or managing employee has been found guilty of,
3304regardless of adjudication, or has entered a plea of nolo
3305contendere or guilty to, any offense prohibited under the level
33062 standards for screening set forth in chapter 435, unless an
3307exemption from disqualification has been granted by the agency
3308as set forth in chapter 435.
3309     Section 54.  For the purpose of incorporating the amendment
3310to section 435.04, Florida Statutes, in references thereto,
3311paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3312section 400.906, Florida Statutes, are reenacted to read:
3313     400.906  Initial application for license.--
3314     (5)  Each applicant for licensure must comply with the
3315following requirements:
3316     (a)  Upon receipt of a completed, signed, and dated
3317application, the agency shall require background screening, in
3318accordance with the level 2 standards for screening set forth in
3319chapter 435, of the operator, and of the financial officer, or
3320other similarly titled individual who is responsible for the
3321financial operation of the center, including billings for
3322patient care and services. The applicant must comply with the
3323procedures for level 2 background screening as set forth in
3324chapter 435, as well as the requirements of s. 435.03(3).
3325     (b)  The agency may require background screening of any
3326other individual who is an applicant if the agency has a
3327reasonable basis for believing that he or she has been convicted
3328of a crime or has committed any other offense prohibited under
3329the level 2 standards for screening set forth in chapter 435.
3330     (c)  Proof of compliance with the level 2 background
3331screening requirements of chapter 435 which has been submitted
3332within the previous 5 years in compliance with any other health
3333care licensure requirements of this state is acceptable in
3334fulfillment of the requirements of paragraph (a).
3335     (d)  A provisional license may be granted to an applicant
3336when each individual required by this section to undergo
3337background screening has met the standards for the Department of
3338Law Enforcement background check, but the agency has not yet
3339received background screening results from the Federal Bureau of
3340Investigation, or a request for a disqualification exemption has
3341been submitted to the agency as set forth in chapter 435, but a
3342response has not yet been issued. A standard license may be
3343granted to the applicant upon the agency's receipt of a report
3344of the results of the Federal Bureau of Investigation background
3345screening for each individual required by this section to
3346undergo background screening which confirms that all standards
3347have been met, or upon the granting of a disqualification
3348exemption by the agency as set forth in chapter 435. Any other
3349person who is required to undergo level 2 background screening
3350may serve in his or her capacity pending the agency's receipt of
3351the report from the Federal Bureau of Investigation. However,
3352the person may not continue to serve if the report indicates any
3353violation of background screening standards and a
3354disqualification exemption has not been requested of and granted
3355by the agency as set forth in chapter 435.
3356     (f)  Each applicant must submit to the agency a description
3357and explanation of any conviction of an offense prohibited under
3358the level 2 standards of chapter 435 by a member of the board of
3359directors of the applicant, its officers, or any individual
3360owning 5 percent or more of the applicant. This requirement does
3361not apply to a director of a not-for-profit corporation or
3362organization if the director serves solely in a voluntary
3363capacity for the corporation or organization, does not regularly
3364take part in the day-to-day operational decisions of the
3365corporation or organization, receives no remuneration for his or
3366her services on the corporation or organization's board of
3367directors, and has no financial interest and has no family
3368members with a financial interest in the corporation or
3369organization, provided that the director and the not-for-profit
3370corporation or organization include in the application a
3371statement affirming that the director's relationship to the
3372corporation satisfies the requirements of this paragraph.
3373     (g)  A license may not be granted to an applicant if the
3374applicant or managing employee has been found guilty of,
3375regardless of adjudication, or has entered a plea of nolo
3376contendere or guilty to, any offense prohibited under the level
33772 standards for screening set forth in chapter 435, unless an
3378exemption from disqualification has been granted by the agency
3379as set forth in chapter 435.
3380     Section 55.  For the purpose of incorporating the amendment
3381to section 435.04, Florida Statutes, in references thereto,
3382paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3383section 400.931, Florida Statutes, are reenacted to read:
3384     400.931  Application for license; fee; provisional license;
3385temporary permit.--
3386     (5)  Each applicant for licensure must comply with the
3387following requirements:
3388     (a)  Upon receipt of a completed, signed, and dated
3389application, the agency shall require background screening of
3390the applicant, in accordance with the level 2 standards for
3391screening set forth in chapter 435. As used in this subsection,
3392the term "applicant" means the general manager and the financial
3393officer or similarly titled individual who is responsible for
3394the financial operation of the licensed facility.
3395     (b)  The agency may require background screening for a
3396member of the board of directors of the licensee or an officer
3397or an individual owning 5 percent or more of the licensee if the
3398agency has probable cause to believe that such individual has
3399been convicted of an offense prohibited under the level 2
3400standards for screening set forth in chapter 435.
3401     (c)  Proof of compliance with the level 2 background
3402screening requirements of chapter 435 which has been submitted
3403within the previous 5 years in compliance with any other health
3404care licensure requirements of this state is acceptable in
3405fulfillment of paragraph (a).
3406     (e)  Each applicant must submit to the agency a description
3407and explanation of any conviction of an offense prohibited under
3408the level 2 standards of chapter 435 by a member of the board of
3409directors of the applicant, its officers, or any individual
3410owning 5 percent or more of the applicant. This requirement does
3411not apply to a director of a not-for-profit corporation or
3412organization if the director serves solely in a voluntary
3413capacity for the corporation or organization, does not regularly
3414take part in the day-to-day operational decisions of the
3415corporation or organization, receives no remuneration for his or
3416her services on the corporation's or organization's board of
3417directors, and has no financial interest and has no family
3418members with a financial interest in the corporation or
3419organization, provided that the director and the not-for-profit
3420corporation or organization include in the application a
3421statement affirming that the director's relationship to the
3422corporation satisfies the requirements of this provision.
3423     (f)  A license may not be granted to any potential licensee
3424if any applicant, administrator, or financial officer has been
3425found guilty of, regardless of adjudication, or has entered a
3426plea of nolo contendere or guilty to, any offense prohibited
3427under the level 2 standards for screening set forth in chapter
3428435, unless an exemption from disqualification has been granted
3429by the agency as set forth in chapter 435.
3430     Section 56.  For the purpose of incorporating the amendment
3431to section 435.04, Florida Statutes, in references thereto,
3432paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3433section 400.962, Florida Statutes, are reenacted to read:
3434     400.962  License required; license application.--
3435     (10)(a)  Upon receipt of a completed, signed, and dated
3436application, the agency shall require background screening of
3437the applicant, in accordance with the level 2 standards for
3438screening set forth in chapter 435. As used in this subsection,
3439the term "applicant" means the facility administrator, or
3440similarly titled individual who is responsible for the day-to-
3441day operation of the licensed facility, and the facility
3442financial officer, or similarly titled individual who is
3443responsible for the financial operation of the licensed
3444facility.
3445     (b)  The agency may require background screening for a
3446member of the board of directors of the licensee or an officer
3447or an individual owning 5 percent or more of the licensee if the
3448agency has probable cause to believe that such individual has
3449been convicted of an offense prohibited under the level 2
3450standards for screening set forth in chapter 435.
3451     (c)  Proof of compliance with the level 2 background
3452screening requirements of chapter 435 which has been submitted
3453within the previous 5 years in compliance with any other
3454licensure requirements under this chapter satisfies the
3455requirements of paragraph (a). Proof of compliance with
3456background screening which has been submitted within the
3457previous 5 years to fulfill the requirements of the Financial
3458Services Commission and the Office of Insurance Regulation under
3459chapter 651 as part of an application for a certificate of
3460authority to operate a continuing care retirement community
3461satisfies the requirements for the Department of Law Enforcement
3462and Federal Bureau of Investigation background checks.
3463     (d)  A provisional license may be granted to an applicant
3464when each individual required by this section to undergo
3465background screening has met the standards for the Department of
3466Law Enforcement background check, but the agency has not yet
3467received background screening results from the Federal Bureau of
3468Investigation, or a request for a disqualification exemption has
3469been submitted to the agency as set forth in chapter 435, but a
3470response has not yet been issued. A license may be granted to
3471the applicant upon the agency's receipt of a report of the
3472results of the Federal Bureau of Investigation background
3473screening for each individual required by this section to
3474undergo background screening which confirms that all standards
3475have been met, or upon the granting of a disqualification
3476exemption by the agency as set forth in chapter 435. Any other
3477person who is required to undergo level 2 background screening
3478may serve in his or her capacity pending the agency's receipt of
3479the report from the Federal Bureau of Investigation; however,
3480the person may not continue to serve if the report indicates any
3481violation of background screening standards and a
3482disqualification exemption has not been granted by the agency as
3483set forth in chapter 435.
3484     (f)  Each applicant must submit to the agency a description
3485and explanation of any conviction of an offense prohibited under
3486the level 2 standards of chapter 435 by a member of the board of
3487directors of the applicant, its officers, or any individual
3488owning 5 percent or more of the applicant. This requirement does
3489not apply to a director of a not-for-profit corporation or
3490organization if the director serves solely in a voluntary
3491capacity for the corporation or organization, does not regularly
3492take part in the day-to-day operational decisions of the
3493corporation or organization, receives no remuneration for his or
3494her services on the corporation's or organization's board of
3495directors, and has no financial interest and has no family
3496members with a financial interest in the corporation or
3497organization, provided that the director and the not-for-profit
3498corporation or organization include in the application a
3499statement affirming that the director's relationship to the
3500corporation satisfies the requirements of this paragraph.
3501     Section 57.  For the purpose of incorporating the amendment
3502to section 435.04, Florida Statutes, in references thereto,
3503paragraphs (b) and (d) of subsection (7) of section 400.991,
3504Florida Statutes, are reenacted to read:
3505     400.991  License requirements; background screenings;
3506prohibitions.--
3507     (7)  Each applicant for licensure shall comply with the
3508following requirements:
3509     (b)  Upon receipt of a completed, signed, and dated
3510application, the agency shall require background screening of
3511the applicant, in accordance with the level 2 standards for
3512screening set forth in chapter 435. Proof of compliance with the
3513level 2 background screening requirements of chapter 435 which
3514has been submitted within the previous 5 years in compliance
3515with any other health care licensure requirements of this state
3516is acceptable in fulfillment of this paragraph.
3517     (d)  A license may not be granted to a clinic if the
3518applicant has been found guilty of, regardless of adjudication,
3519or has entered a plea of nolo contendere or guilty to, any
3520offense prohibited under the level 2 standards for screening set
3521forth in chapter 435, or a violation of insurance fraud under s.
3522817.234, within the past 5 years. If the applicant has been
3523convicted of an offense prohibited under the level 2 standards
3524or insurance fraud in any jurisdiction, the applicant must show
3525that his or her civil rights have been restored prior to
3526submitting an application.
3527     Section 58.  For the purpose of incorporating the amendment
3528to section 435.04, Florida Statutes, in references thereto,
3529paragraph (e) of subsection (2) of section 402.302, Florida
3530Statutes, is reenacted to read:
3531     402.302  Definitions.--
3532     (2)  "Child care facility" includes any child care center
3533or child care arrangement which provides child care for more
3534than five children unrelated to the operator and which receives
3535a payment, fee, or grant for any of the children receiving care,
3536wherever operated, and whether or not operated for profit. The
3537following are not included:
3538     (e)  Operators of transient establishments, as defined in
3539chapter 509, which provide child care services solely for the
3540guests of their establishment or resort, provided that all child
3541care personnel of the establishment are screened according to
3542the level 2 screening requirements of chapter 435.
3543     Section 59.  For the purpose of incorporating the amendment
3544to section 435.04, Florida Statutes, in references thereto,
3545paragraph (a) of subsection (2) of section 402.305, Florida
3546Statutes, is reenacted to read:
3547     402.305  Licensing standards; child care facilities.--
3548     (2)  PERSONNEL.--Minimum standards for child care personnel
3549shall include minimum requirements as to:
3550     (a)  Good moral character based upon screening. This
3551screening shall be conducted as provided in chapter 435, using
3552the level 2 standards for screening set forth in that chapter.
3553     Section 60.  For the purpose of incorporating the amendment
3554to section 435.04, Florida Statutes, in references thereto,
3555subsection (3) of section 402.3054, Florida Statutes, is
3556reenacted to read:
3557     402.3054  Child enrichment service providers.--
3558     (3)  A child enrichment service provider shall be of good
3559moral character based upon screening. This screening shall be
3560conducted as provided in chapter 435, using the level 2
3561standards for screening set forth in that chapter. A child
3562enrichment service provider must meet the screening requirements
3563prior to providing services to a child in a child care facility.
3564A child enrichment service provider who has met the screening
3565standards shall not be required to be under the direct and
3566constant supervision of child care personnel.
3567     Section 61.  For the purpose of incorporating the amendment
3568to section 435.04, Florida Statutes, in references thereto,
3569paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3570section 483.30, Florida Statutes, are reenacted to read:
3571     483.30  Licensing of centers.--
3572     (2)  Each applicant for licensure must comply with the
3573following requirements:
3574     (a)  Upon receipt of a completed, signed, and dated
3575application, the agency shall require background screening, in
3576accordance with the level 2 standards for screening set forth in
3577chapter 435, of the managing employee, or other similarly titled
3578individual who is responsible for the daily operation of the
3579center, and of the financial officer, or other similarly titled
3580individual who is responsible for the financial operation of the
3581center, including billings for patient services. The applicant
3582must comply with the procedures for level 2 background screening
3583as set forth in chapter 435, as well as the requirements of s.
3584435.03(3).
3585     (b)  The agency may require background screening of any
3586other individual who is an applicant if the agency has probable
3587cause to believe that he or she has been convicted of a crime or
3588has committed any other offense prohibited under the level 2
3589standards for screening set forth in chapter 435.
3590     (c)  Proof of compliance with the level 2 background
3591screening requirements of chapter 435 which has been submitted
3592within the previous 5 years in compliance with any other health
3593care licensure requirements of this state is acceptable in
3594fulfillment of the requirements of paragraph (a).
3595     (d)  A provisional license may be granted to an applicant
3596when each individual required by this section to undergo
3597background screening has met the standards for the Department of
3598Law Enforcement background check, but the agency has not yet
3599received background screening results from the Federal Bureau of
3600Investigation, or a request for a disqualification exemption has
3601been submitted to the agency as set forth in chapter 435 but a
3602response has not yet been issued. A license may be granted to
3603the applicant upon the agency's receipt of a report of the
3604results of the Federal Bureau of Investigation background
3605screening for each individual required by this section to
3606undergo background screening which confirms that all standards
3607have been met, or upon the granting of a disqualification
3608exemption by the agency as set forth in chapter 435. Any other
3609person who is required to undergo level 2 background screening
3610may serve in his or her capacity pending the agency's receipt of
3611the report from the Federal Bureau of Investigation. However,
3612the person may not continue to serve if the report indicates any
3613violation of background screening standards and a
3614disqualification exemption has not been requested of and granted
3615by the agency as set forth in chapter 435.
3616     (f)  Each applicant must submit to the agency a description
3617and explanation of any conviction of an offense prohibited under
3618the level 2 standards of chapter 435 by a member of the board of
3619directors of the applicant, its officers, or any individual
3620owning 5 percent or more of the applicant. This requirement does
3621not apply to a director of a not-for-profit corporation or
3622organization if the director serves solely in a voluntary
3623capacity for the corporation or organization, does not regularly
3624take part in the day-to-day operational decisions of the
3625corporation or organization, receives no remuneration for his or
3626her services on the corporation or organization's board of
3627directors, and has no financial interest and has no family
3628members with a financial interest in the corporation or
3629organization, provided that the director and the not-for-profit
3630corporation or organization include in the application a
3631statement affirming that the director's relationship to the
3632corporation satisfies the requirements of this paragraph.
3633     (g)  A license may not be granted to an applicant if the
3634applicant or managing employee has been found guilty of,
3635regardless of adjudication, or has entered a plea of nolo
3636contendere or guilty to, any offense prohibited under the level
36372 standards for screening set forth in chapter 435, unless an
3638exemption from disqualification has been granted by the agency
3639as set forth in chapter 435.
3640     Section 62.  For the purpose of incorporating the amendment
3641to section 435.04, Florida Statutes, in references thereto,
3642paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3643section 483.101, Florida Statutes, are reenacted to read:
3644     483.101  Application for clinical laboratory license.--
3645     (2)  Each applicant for licensure must comply with the
3646following requirements:
3647     (a)  Upon receipt of a completed, signed, and dated
3648application, the agency shall require background screening, in
3649accordance with the level 2 standards for screening set forth in
3650chapter 435, of the managing director or other similarly titled
3651individual who is responsible for the daily operation of the
3652laboratory and of the financial officer, or other similarly
3653titled individual who is responsible for the financial operation
3654of the laboratory, including billings for patient services. The
3655applicant must comply with the procedures for level 2 background
3656screening as set forth in chapter 435, as well as the
3657requirements of s. 435.03(3).
3658     (b)  The agency may require background screening of any
3659other individual who is an applicant if the agency has probable
3660cause to believe that he or she has been convicted of a crime or
3661has committed any other offense prohibited under the level 2
3662standards for screening set forth in chapter 435.
3663     (c)  Proof of compliance with the level 2 background
3664screening requirements of chapter 435 which has been submitted
3665within the previous 5 years in compliance with any other health
3666care licensure requirements of this state is acceptable in
3667fulfillment of the requirements of paragraph (a).
3668     (d)  A provisional license may be granted to an applicant
3669when each individual required by this section to undergo
3670background screening has met the standards for the Department of
3671Law Enforcement background check but the agency has not yet
3672received background screening results from the Federal Bureau of
3673Investigation, or a request for a disqualification exemption has
3674been submitted to the agency as set forth in chapter 435 but a
3675response has not yet been issued. A license may be granted to
3676the applicant upon the agency's receipt of a report of the
3677results of the Federal Bureau of Investigation background
3678screening for each individual required by this section to
3679undergo background screening which confirms that all standards
3680have been met, or upon the granting of a disqualification
3681exemption by the agency as set forth in chapter 435. Any other
3682person who is required to undergo level 2 background screening
3683may serve in his or her capacity pending the agency's receipt of
3684the report from the Federal Bureau of Investigation. However,
3685the person may not continue to serve if the report indicates any
3686violation of background screening standards and a
3687disqualification exemption has not been requested of and granted
3688by the agency as set forth in chapter 435.
3689     (f)  Each applicant must submit to the agency a description
3690and explanation of any conviction of an offense prohibited under
3691the level 2 standards of chapter 435 by a member of the board of
3692directors of the applicant, its officers, or any individual
3693owning 5 percent or more of the applicant. This requirement does
3694not apply to a director of a not-for-profit corporation or
3695organization if the director serves solely in a voluntary
3696capacity for the corporation or organization, does not regularly
3697take part in the day-to-day operational decisions of the
3698corporation or organization, receives no remuneration for his or
3699her services on the corporation or organization's board of
3700directors, and has no financial interest and has no family
3701members with a financial interest in the corporation or
3702organization, provided that the director and the not-for-profit
3703corporation or organization include in the application a
3704statement affirming that the director's relationship to the
3705corporation satisfies the requirements of this paragraph.
3706     (g)  A license may not be granted to an applicant if the
3707applicant or managing employee has been found guilty of,
3708regardless of adjudication, or has entered a plea of nolo
3709contendere or guilty to, any offense prohibited under the level
37102 standards for screening set forth in chapter 435, unless an
3711exemption from disqualification has been granted by the agency
3712as set forth in chapter 435.
3713     Section 63.  For the purpose of incorporating the amendment
3714to section 435.04, Florida Statutes, in references thereto,
3715subsection (5) of section 744.1085, Florida Statutes, is
3716reenacted to read:
3717     744.1085  Regulation of professional guardians;
3718application; bond required; educational requirements.--
3719     (5)  As required in s. 744.3135, each professional guardian
3720shall allow a level 2 background screening of the guardian and
3721employees of the guardian in accordance with the provisions of
3722s. 435.04.
3723     Section 64.  For the purpose of incorporating the amendment
3724to section 435.04, Florida Statutes, in references thereto,
3725paragraph (b) of subsection (2) of section 984.01, Florida
3726Statutes, is reenacted to read:
3727     984.01  Purposes and intent; personnel standards and
3728screening.--
3729     (2)  The Department of Juvenile Justice or the Department
3730of Children and Family Services, as appropriate, may contract
3731with the Federal Government, other state departments and
3732agencies, county and municipal governments and agencies, public
3733and private agencies, and private individuals and corporations
3734in carrying out the purposes of, and the responsibilities
3735established in, this chapter.
3736     (b)  The Department of Juvenile Justice and the Department
3737of Children and Family Services shall require employment
3738screening pursuant to chapter 435, using the level 2 standards
3739set forth in that chapter for personnel in programs for children
3740or youths.
3741     Section 65.  For the purpose of incorporating the amendment
3742to section 435.04, Florida Statutes, in references thereto,
3743paragraph (b) of subsection (2) of section 985.01, Florida
3744Statutes, is reenacted to read:
3745     985.01  Purposes and intent; personnel standards and
3746screening.--
3747     (2)  The Department of Juvenile Justice or the Department
3748of Children and Family Services, as appropriate, may contract
3749with the Federal Government, other state departments and
3750agencies, county and municipal governments and agencies, public
3751and private agencies, and private individuals and corporations
3752in carrying out the purposes of, and the responsibilities
3753established in, this chapter.
3754     (b)  The Department of Juvenile Justice and the Department
3755of Children and Family Services shall require employment
3756screening pursuant to chapter 435, using the level 2 standards
3757set forth in that chapter for personnel in programs for children
3758or youths.
3759     Section 66.  For the purpose of incorporating the amendment
3760to section 435.04, Florida Statutes, in references thereto,
3761paragraphs (a) and (b) of subsection (7) of section 1002.36,
3762Florida Statutes, are reenacted to read:
3763     1002.36  Florida School for the Deaf and the Blind.--
3764     (7)  PERSONNEL SCREENING.--
3765     (a)  The Board of Trustees of the Florida School for the
3766Deaf and the Blind shall, because of the special trust or
3767responsibility of employees of the school, require all employees
3768and applicants for employment to undergo personnel screening and
3769security background investigations as provided in chapter 435,
3770using the level 2 standards for screening set forth in that
3771chapter, as a condition of employment and continued employment.
3772The cost of a personnel screening and security background
3773investigation for an employee of the school shall be paid by the
3774school. The cost of such a screening and investigation for an
3775applicant for employment may be paid by the school.
3776     (b)  As a prerequisite for initial and continuing
3777employment at the Florida School for the Deaf and the Blind:
3778     1.  The applicant or employee shall submit to the Florida
3779School for the Deaf and the Blind a complete set of fingerprints
3780taken by an authorized law enforcement agency or an employee of
3781the Florida School for the Deaf and the Blind who is trained to
3782take fingerprints. The Florida School for the Deaf and the Blind
3783shall submit the fingerprints to the Department of Law
3784Enforcement for state processing and the Federal Bureau of
3785Investigation for federal processing.
3786     2.a.  The applicant or employee shall attest to the minimum
3787standards for good moral character as contained in chapter 435,
3788using the level 2 standards set forth in that chapter under
3789penalty of perjury.
3790     b.  New personnel shall be on a probationary status pending
3791a determination of compliance with such minimum standards for
3792good moral character. This paragraph is in addition to any
3793probationary status provided for by Florida law or Florida
3794School for the Deaf and the Blind rules or collective bargaining
3795contracts.
3796     3.  The Florida School for the Deaf and the Blind shall
3797review the record of the applicant or employee with respect to
3798the crimes contained in s. 435.04 and shall notify the applicant
3799or employee of its findings. When disposition information is
3800missing on a criminal record, it shall be the responsibility of
3801the applicant or employee, upon request of the Florida School
3802for the Deaf and the Blind, to obtain and supply within 30 days
3803the missing disposition information to the Florida School for
3804the Deaf and the Blind. Failure to supply missing information
3805within 30 days or to show reasonable efforts to obtain such
3806information shall result in automatic disqualification of an
3807applicant and automatic termination of an employee.
3808     4.  After an initial personnel screening and security
3809background investigation, written notification shall be given to
3810the affected employee within a reasonable time prior to any
3811subsequent screening and investigation.
3812     Section 67.  For the purpose of incorporating the
3813amendments to sections 943.0585 and 943.059, Florida Statutes,
3814in references thereto, paragraph (a) of subsection (2) and
3815subsection (6) of section 943.0582, Florida Statutes, are
3816reenacted to read:
3817     943.0582  Prearrest, postarrest, or teen court diversion
3818program expunction.--
3819     (2)(a)  As used in this section, the term "expunction" has
3820the same meaning ascribed in and effect as s. 943.0585, except
3821that:
3822     1.  The provisions of s. 943.0585(4)(a) do not apply,
3823except that the criminal history record of a person whose record
3824is expunged pursuant to this section shall be made available
3825only to criminal justice agencies for the purpose of determining
3826eligibility for prearrest, postarrest, or teen court diversion
3827programs; when the record is sought as part of a criminal
3828investigation; or when the subject of the record is a candidate
3829for employment with a criminal justice agency. For all other
3830purposes, a person whose record is expunged under this section
3831may lawfully deny or fail to acknowledge the arrest and the
3832charge covered by the expunged record.
3833     2.  Records maintained by local criminal justice agencies
3834in the county in which the arrest occurred that are eligible for
3835expunction pursuant to this section shall be sealed as the term
3836is used in s. 943.059.
3837     (6)  Expunction or sealing granted under this section does
3838not prevent the minor who receives such relief from petitioning
3839for the expunction or sealing of a later criminal history record
3840as provided for in ss. 943.0585 and 943.059, if the minor is
3841otherwise eligible under those sections.
3842     Section 68.  For the purpose of incorporating the amendment
3843to section 943.059, Florida Statutes, in references thereto,
3844subsections (7), (8), and (9) of section 943.053, Florida
3845Statutes, are reenacted to read:
3846     943.053  Dissemination of criminal justice information;
3847fees.--
3848     (7)  Notwithstanding the provisions of s. 943.0525, and any
3849user agreements adopted pursuant thereto, and notwithstanding
3850the confidentiality of sealed records as provided for in s.
3851943.059, the sheriff of any county that has contracted with a
3852private entity to operate a county detention facility pursuant
3853to the provisions of s. 951.062 shall provide that private
3854entity, in a timely manner, copies of the Florida criminal
3855history records for its inmates. The sheriff may assess a charge
3856for the Florida criminal history records pursuant to the
3857provisions of chapter 119. Sealed records received by the
3858private entity under this section remain confidential and exempt
3859from the provisions of s. 119.07(1).
3860     (8)  Notwithstanding the provisions of s. 943.0525, and any
3861user agreements adopted pursuant thereto, and notwithstanding
3862the confidentiality of sealed records as provided for in s.
3863943.059, the Department of Corrections shall provide, in a
3864timely manner, copies of the Florida criminal history records
3865for inmates housed in a private state correctional facility to
3866the private entity under contract to operate the facility
3867pursuant to the provisions of s. 944.105 or s. 957.03. The
3868department may assess a charge for the Florida criminal history
3869records pursuant to the provisions of chapter 119. Sealed
3870records received by the private entity under this section remain
3871confidential and exempt from the provisions of s. 119.07(1).
3872     (9)  Notwithstanding the provisions of s. 943.0525 and any
3873user agreements adopted pursuant thereto, and notwithstanding
3874the confidentiality of sealed records as provided for in s.
3875943.059, the Department of Juvenile Justice or any other state
3876or local criminal justice agency may provide copies of the
3877Florida criminal history records for juvenile offenders
3878currently or formerly detained or housed in a contracted
3879juvenile assessment center or detention facility or serviced in
3880a contracted treatment program and for employees or other
3881individuals who will have access to these facilities, only to
3882the entity under direct contract with the Department of Juvenile
3883Justice to operate these facilities or programs pursuant to the
3884provisions of s. 985.411. The criminal justice agency providing
3885such data may assess a charge for the Florida criminal history
3886records pursuant to the provisions of chapter 119. Sealed
3887records received by the private entity under this section remain
3888confidential and exempt from the provisions of s. 119.07(1).
3889Information provided under this section shall be used only for
3890the criminal justice purpose for which it was requested and may
3891not be further disseminated.
3892     Section 69.  The creation of sections 393.135, 394.4593,
3893and 916.1075, Florida Statutes, by this act shall apply to
3894offenses committed on or after the effective date of this act.
3895     Section 70.  Paragraph (b) of subsection (4) of section
389620.19, Florida Statutes, is amended to read:
3897     20.19  Department of Children and Family Services.--There
3898is created a Department of Children and Family Services.
3899     (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--
3900     (b)  The following program offices are established:
3901     1.  Adult Services.
3902     2.  Child Care Services.
3903     3.  Domestic Violence Developmental Disabilities.
3904     4.  Economic Self-Sufficiency Services.
3905     5.  Family Safety.
3906     6.  Mental Health.
3907     7.  Refugee Services.
3908     8.  Substance Abuse.
3909     Section 71.  Section 20.197, Florida Statutes, is created
3910to read:
3911     20.197  Agency for Persons with Disabilities.--There is
3912created the Agency for Persons with Disabilities, housed within
3913the Department of Children and Family Services for
3914administrative purposes only. The agency shall be a separate
3915budget entity not subject to control, supervision, or direction
3916by the Department of Children and Family Services in any manner,
3917including, but not limited to, personnel, purchasing,
3918transactions involving real or personal property, and budgetary
3919matters.
3920     (1)  The director of the agency shall be the agency head
3921for all purposes and shall be appointed by the Governor and
3922serve at the pleasure of the Governor. The director shall
3923administer the affairs of the agency and establish
3924administrative units as needed and may, within available
3925resources, employ assistants, professional staff, and other
3926employees as necessary to discharge the powers and duties of the
3927agency.
3928     (2)  The agency shall be responsible for the provision of
3929all services provided to persons with developmental disabilities
3930pursuant to chapter 393, including the operation of all state
3931institutional programs and the programmatic management of
3932Medicaid waivers established to provide services to persons with
3933developmental disabilities.
3934     (3)  The agency shall engage in such other administrative
3935activities as are deemed necessary to effectively and
3936efficiently address the needs of the agency's clients.
3937     (4)  The agency shall enter into an interagency agreement
3938that delineates the responsibilities of the Agency for Health
3939Care Administration for the following:
3940     (a)  The terms, and execution of contracts with Medicaid
3941providers for the provision of services provided through
3942Medicaid, including federally approved waiver programs.
3943     (b)  The billing, payment, and reconciliation of claims for
3944Medicaid services reimbursed by the agency.
3945     (c)  The implementation of utilization management measures,
3946including the prior authorization of services plans and the
3947streamlining and consolidation of waivers services, to ensure
3948the cost-effective provision of needed Medicaid services and to
3949maximize the number of persons with access to such services.
3950     (d)  A system of approving each client's plan of care to
3951ensure that the services on the plan of care are those that
3952without which the client would require the services of an
3953intermediate care facility for the developmentally disabled.
3954     Section 72.  Section 393.063, Florida Statutes, is amended
3955to read:
3956     393.063  Definitions.--For the purposes of this chapter:
3957     (1)  "Active treatment" means the provision of services by
3958an interdisciplinary team necessary to maximize a client's
3959individual independence or prevent regression or loss of
3960functional status.
3961     (1)(2)  "Agency" means the Agency for Persons with
3962Disabilities Health Care Administration.
3963     (2)(3)  "Autism" means a pervasive, neurologically based
3964developmental disability of extended duration which causes
3965severe learning, communication, and behavior disorders with age
3966of onset during infancy or childhood. Individuals with autism
3967exhibit impairment in reciprocal social interaction, impairment
3968in verbal and nonverbal communication and imaginative ability,
3969and a markedly restricted repertoire of activities and
3970interests.
3971     (3)(4)  "Cerebral palsy" means a group of disabling
3972symptoms of extended duration which results from damage to the
3973developing brain that may occur before, during, or after birth
3974and that results in the loss or impairment of control over
3975voluntary muscles.  For the purposes of this definition,
3976cerebral palsy does not include those symptoms or impairments
3977resulting solely from a stroke.
3978     (4)(5)  "Client" means any person determined eligible by
3979the agency department for developmental services under this
3980chapter.
3981     (5)(6)  "Client advocate" means a friend or relative of the
3982client, or of the client's immediate family, who advocates for
3983the best interests of the client in any proceedings under this
3984chapter in which the client or his or her family has the right
3985or duty to participate.
3986     (6)(7)  "Comprehensive assessment" means the process which
3987is used to determine eligibility for developmental services
3988under this chapter and develop the family or individual support
3989plan. The term includes review and evaluation of information
3990provided by the applicant, the individual receiving supports or
3991services through developmental services, or the family, and
3992others providing supports or services to the individual or
3993family, as well as the use of formal assessment instruments.
3994     (7)(8)  "Comprehensive transitional education program"
3995means a group of jointly operating centers or units, the
3996collective purpose of which is to provide a sequential series of
3997educational care, training, treatment, habilitation, and
3998rehabilitation services to persons who have developmental
3999disabilities, as defined in subsection (12), and who have severe
4000or moderate maladaptive behaviors.  However, nothing in this
4001subsection shall require such comprehensive transitional
4002education programs to provide services only to persons with
4003developmental disabilities, as defined in subsection (12). All
4004such services shall be temporary in nature and delivered in a
4005structured residential setting with the primary goal of
4006incorporating the normalization principle to establish permanent
4007residence for persons with maladaptive behaviors in facilities
4008not associated with the comprehensive transitional education
4009program.  The staff shall include psychologists and teachers
4010who, and such staff personnel shall be available to provide
4011services in each component center or unit of the program. The
4012psychologists shall be individuals who are licensed in this
4013state and certified as behavior analysts in this state, or
4014individuals who meet the professional requirements established
4015by the department for district behavior analysts and are
4016certified as behavior analysts pursuant to s. 393.17 in this
4017state.
4018     (a)  Comprehensive transitional education programs shall
4019include a minimum of two component centers or units, as defined
4020in this paragraph, one of which shall be either an intensive
4021treatment and educational center or a transitional training and
4022educational center, which provide services to persons with
4023maladaptive behaviors in the following sequential order:
4024     1.  Intensive treatment and educational center.  This
4025component is a self-contained residential unit providing
4026intensive psychological and educational programming for persons
4027with severe maladaptive behaviors, whose behaviors preclude
4028placement in a less restrictive environment due to the threat of
4029danger or injury to themselves or others.
4030     2.  Transitional training and educational center.  This
4031component is a residential unit for persons with moderate
4032maladaptive behaviors, providing concentrated psychological and
4033educational programming emphasizing a transition toward a less
4034restrictive environment.
4035     3.  Community transition residence.  This component is a
4036residential center providing educational programs and such
4037support services, training, and care as are needed to assist
4038persons with maladaptive behaviors to avoid regression to more
4039restrictive environments while preparing them for more
4040independent living. Continuous-shift staff shall be required for
4041this component.
4042     4.  Alternative living center.  This component is a
4043residential unit providing an educational and family living
4044environment for persons with maladaptive behaviors, in a
4045moderately unrestricted setting.  Residential staff shall be
4046required for this component.
4047     5.  Independent living education center.  This component is
4048a facility providing a family living environment for persons
4049with maladaptive behaviors, in a largely unrestricted setting
4050which includes education and monitoring appropriate to support
4051the development of independent living skills by the students.
4052     (b)  Centers or units that are components of a
4053comprehensive transitional education program are subject to the
4054license issued to the comprehensive transitional education
4055program and may be located on either single or multiple sites.
4056     (c)  Comprehensive transitional education programs shall
4057develop individual education plans for each person with
4058maladaptive behaviors who receives services therein.  Such
4059individual education plans shall be developed in accordance with
4060the criteria specified included in Pub. L. No. 94-142, 20 U.S.C.
4061ss. 401 et seq., and 34 C.F.R. part 300.
4062     (d)  In no instance shall the total number of persons with
4063maladaptive behaviors being provided services in a comprehensive
4064transitional education program exceed 120.
4065     (e)  This subsection shall authorize licensure for
4066comprehensive transitional education programs which by July 1,
40671989:
4068     1.  Are in actual operation; or
4069     2.  Own a fee simple interest in real property for which a
4070county or city government has approved zoning allowing for the
4071placement of the facilities described in this subsection, and
4072have registered an intent with the department to operate a
4073comprehensive transitional education program. However, nothing
4074shall prohibit the assignment by such a registrant to another
4075entity at a different site within the state, so long as there is
4076compliance with all criteria of the comprehensive transitional
4077education program and local zoning requirements and provided
4078that each residential facility within the component centers or
4079units of the program authorized under this subparagraph shall
4080not exceed a capacity of 15 persons.
4081     (9)  "Day service" means the care, protection, and
4082supervision of a client for a period of less than 24 hours a day
4083on a regular basis which supplements for the client, in
4084accordance with his or her individual needs, daily care,
4085enrichment opportunities, and health supervision.
4086     (8)(10)  "Day habilitation facility" means any
4087nonresidential facility which provides day habilitation
4088services.
4089     (9)  "Day habilitation service" means assistance with the
4090acquisition, retention, or improvement in self-help,
4091socialization, and adaptive skills which takes place in a
4092nonresidential setting, separate from the home or facility in
4093which the individual resides. Day habilitation services shall
4094focus on enabling the individual to attain or maintain his or
4095her maximum functional level and shall be coordinated with any
4096physical, occupational, or speech therapies listed in the plan
4097of care.
4098     (11)  "Department" means the Department of Children and
4099Family Services.
4100     (10)(12)  "Developmental disability" means a disorder or
4101syndrome that is attributable to retardation, cerebral palsy,
4102autism, spina bifida, or Prader-Willi syndrome and that
4103constitutes a substantial handicap that can reasonably be
4104expected to continue indefinitely.
4105     (11)(13)  "Developmental disabilities services institution"
4106means a state-owned and state-operated facility, formerly known
4107as a "Sunland Center," providing for the care, habilitation, and
4108rehabilitation of clients with developmental disabilities.
4109     (14)  "Developmental training facility" means any
4110nonresidential facility which provides basic training and
4111habilitation to clients.
4112     (12)(15)  "Direct service provider," also known as
4113"caregiver" in chapters 39 and 415 or "caretaker" in provisions
4114relating to employment security checks, means a person 18 years
4115of age or older who has direct contact with individuals with
4116developmental disabilities, or has access to a client's living
4117areas or to a client's funds or personal property, and is not a
4118relative of such unrelated to the individuals with developmental
4119disabilities.
4120     (a)  The term "direct service provider" also includes any
4121person, including members of the direct service provider's
4122family, over 12 years of age who resides with the direct service
4123provider when:
4124     1.  The direct service provider provides supports or
4125services in his or her residence;
4126     2.  The direct service provider provides supports or
4127services in a facility adjacent to his or her residence; or
4128     3.  The person residing with the direct service provider
4129has direct contact with the individual with developmental
4130disabilities during the hours of provision of supports or
4131services.
4132     (b)  Persons residing with the direct service provider,
4133including family members, who are between the ages of 12 years
4134and 18 years are not required to be fingerprinted, but shall be
4135screened for delinquency records.
4136     (c)  A volunteer who assists on an intermittent basis for
4137less than 40 hours per month is not a direct service provider
4138for the purposes of screening if the volunteer is under the
4139direct and constant supervision of persons who meet the
4140personnel requirements of s. 393.0655.
4141     (d)  A physician, nurse, or other professional licensed and
4142regulated by the Department of Business and Professional
4143Regulation is not a direct service provider for the purposes of
4144screening if the service he or she is providing to a client is
4145within the scope of practice for which he or she is licensed.
4146     (e)  A person selected by the family or the individual with
4147developmental disabilities and paid by the family or the
4148individual to provide supports or services is not a direct
4149service provider for the purpose of screening.
4150     (16)  "District" means a service district of the
4151department.
4152     (13)(17)  "Domicile" means the place where a client legally
4153resides, which place is his or her permanent home.  Domicile may
4154be established as provided in s. 222.17.  Domicile may not be
4155established in Florida by a minor who has no parent domiciled in
4156Florida, or by a minor who has no legal guardian domiciled in
4157Florida, or by any alien not classified as a resident alien.
4158     (14)(18)  "Enclave" means a work station in public or
4159private business or industry where a small group of persons with
4160developmental disabilities is employed and receives training and
4161support services or follow-along services among nonhandicapped
4162workers.
4163     (15)(19)  "Epilepsy" means a chronic brain disorder of
4164various causes which is characterized by recurrent seizures due
4165to excessive discharge of cerebral neurons.  When found
4166concurrently with retardation, autism, or cerebral palsy,
4167epilepsy is considered a secondary disability for which the
4168client is eligible to receive services to ameliorate this
4169condition pursuant according to the provisions of this chapter.
4170     (16)(20)  "Express and informed consent" means consent
4171voluntarily given in writing with sufficient knowledge and
4172comprehension of the subject matter involved to enable the
4173person giving consent to make an understanding and enlightened
4174decision without any element of force, fraud, deceit, duress, or
4175other form of constraint or coercion.
4176     (17)(21)  "Family care program" means the program
4177established in s. 393.068 an alternative to residential
4178placement, in which a direct service provider provides a home
4179for a client and assists him or her to the extent necessary for
4180the client to participate in normal activities and to meet the
4181demands of daily living. The program provides the support needed
4182by the client's family or caretaker to meet the individual needs
4183of the client.
4184     (18)(22)  "Follow-along services" means those support
4185services which shall be provided to persons with developmental
4186disabilities in all supported employment programs and may
4187include, but are not limited to, family support, assistance in
4188meeting transportation and medical needs, employer intervention,
4189performance evaluation, advocacy, replacement, retraining or
4190promotional assistance, or other similar support services.
4191     (19)(23)  "Foster care facility" means a residential
4192facility which provides a family living environment including
4193supervision and care necessary to meet the physical, emotional,
4194and social needs of its residents. The capacity of such a
4195facility shall not be more than three residents.
4196     (20)(24)  "Group home facility" means a residential
4197facility which provides a family living environment including
4198supervision and care necessary to meet the physical, emotional,
4199and social needs of its residents.  The capacity of such a
4200facility shall be at least 4 residents but not more than 15
4201residents.  For the purposes of this chapter, group home
4202facilities shall not be considered commercial enterprises.
4203     (21)(25)  "Guardian advocate" means a person appointed by
4204the circuit court to represent a person with developmental
4205disabilities in any proceedings brought pursuant to s. 393.12,
4206and excludes the use of the same term as applied to a guardian
4207advocate for mentally ill persons in chapter 394.
4208     (22)(26)  "Habilitation" means the process by which a
4209client is assisted to acquire and maintain those life skills
4210which enable the client to cope more effectively with the
4211demands of his or her condition and environment and to raise the
4212level of his or her physical, mental, and social efficiency. It
4213includes, but is not limited to, programs of formal structured
4214education and treatment.
4215     (23)(27)  "High-risk child" means, for the purposes of this
4216chapter, a child from birth to 5 years of age with one or more
4217of the following characteristics:
4218     (a)  A developmental delay in cognition, language, or
4219physical development.
4220     (b)  A child surviving a catastrophic infectious or
4221traumatic illness known to be associated with developmental
4222delay, when funds are specifically appropriated.
4223     (c)  A child with a parent or guardian with developmental
4224disabilities who is developmentally disabled and who requires
4225assistance in meeting the child's developmental needs.
4226     (d)  A child who has a physical or genetic anomaly
4227associated with developmental disability.
4228     (24)(28)  "Intermediate care facility for the
4229developmentally disabled" or "ICF/DD" means a residential
4230facility licensed and certified pursuant to part XI of chapter
4231400 in accordance with state law, and certified by the Federal
4232Government pursuant to the Social Security Act, as a provider of
4233Medicaid services to persons who are developmentally disabled.
4234The capacity of such a facility shall not be more than 120
4235clients.
4236     (25)(29)  "Job coach" means a person who provides
4237employment-related training at a work site to individuals with
4238developmental disabilities.
4239     (26)(30)  "Medical/dental services" means those services
4240which are provided or ordered for a client by a person licensed
4241pursuant to the provisions of chapter 458, chapter 459, or
4242chapter 466.  Such services may include, but are not limited to,
4243prescription drugs, specialized therapies, nursing supervision,
4244hospitalization, dietary services, prosthetic devices, surgery,
4245specialized equipment and supplies, adaptive equipment, and
4246other services as required to prevent or alleviate a medical or
4247dental condition.
4248     (27)(31)  "Mobile work crew" means a group of workers
4249employed by an agency that provides services outside the agency,
4250usually under service contracts.
4251     (28)(32)  "Normalization principle" means the principle of
4252letting the client obtain an existence as close to the normal as
4253possible, making available to the client patterns and conditions
4254of everyday life which are as close as possible to the norm and
4255patterns of the mainstream of society.
4256     (29)(33)  "Personal services" include, but are not limited
4257to, such services as: individual assistance with or supervision
4258of essential activities of daily living for self-care, including
4259ambulation, bathing, dressing, eating, grooming, and toileting,
4260and other similar services that which the agency department may
4261define by rule. "Personal services" shall not be construed to
4262mean the provision of medical, nursing, dental, or mental health
4263services by the staff of a facility, except as provided in this
4264chapter. In addition, an emergency response device installed in
4265the apartment or living area of a resident shall not be
4266classified as a personal service.
4267     (30)(34)  "Prader-Willi syndrome" means an inherited
4268condition typified by neonatal hypotonia with failure to thrive,
4269hyperphagia or an excessive drive to eat which leads to obesity
4270usually at 18 to 36 months of age, mild to moderate retardation,
4271hypogonadism, short stature, mild facial dysmorphism, and a
4272characteristic neurobehavior.
4273     (31)(35)  "Reassessment" means a process which periodically
4274develops, through annual review and revision of a client's
4275family or individual support plan, a knowledgeable statement of
4276current needs and past development for each client.
4277     (36)  "Rehabilitation workshop facility" means a place
4278operated by a for-profit or nonprofit agency engaged in the
4279manufacture or production of products or provision of services,
4280which provides gainful rehabilitation to severely handicapped
4281persons until such persons can become employed or which provides
4282gainful work to persons who are developmentally disabled.
4283     (32)(37)  "Relative" means an individual who is connected
4284by affinity or consanguinity to the client and who is 18 years
4285of age or more.
4286     (33)(38)  "Resident" means any person who is
4287developmentally disabled residing at a residential facility in
4288the state, whether or not such person is a client of the agency
4289department.
4290     (34)(39)  "Residential facility" means a facility providing
4291room and board and personal care for persons with developmental
4292disabilities.
4293     (35)  "Residential habilitation" means assistance provided
4294with acquisition, retention, or improvement in skills related to
4295activities of daily living, such as personal grooming and
4296cleanliness, bedmaking and household chores, eating and the
4297preparation of food, and the social and adaptive skills
4298necessary to enable the individual to reside in a
4299noninstitutional setting.
4300     (36)(40)  "Residential habilitation center" means a
4301community residential facility that provides residential
4302habilitation. operated primarily for the diagnosis, treatment,
4303habilitation, or rehabilitation of its residents, which facility
4304provides, in a structured residential setting, individualized
4305continuing evaluation, planning, 24-hour supervision, and
4306coordination and integration of health or rehabilitative
4307services to help each resident reach his or her maximum
4308functioning capabilities. The capacity of such a facility shall
4309not be fewer less than nine residents. After October 1, 1989, no
4310new residential habilitation centers shall be licensed and the
4311licensed capacity shall not be increased for any existing
4312residential habilitation center.
4313     (37)(41)  "Respite service" means appropriate, short-term,
4314temporary care that is provided to a person with developmental
4315disabilities to meet the planned or emergency needs of the
4316person with developmental disabilities or the family or other
4317direct service provider.
4318     (38)(42)  "Retardation" means significantly subaverage
4319general intellectual functioning existing concurrently with
4320deficits in adaptive behavior and manifested during the period
4321from conception to age 18. "Significantly subaverage general
4322intellectual functioning," for the purpose of this definition,
4323means performance which is two or more standard deviations from
4324the mean score on a standardized intelligence test specified in
4325the rules of the agency department.  "Adaptive behavior," for
4326the purpose of this definition, means the effectiveness or
4327degree with which an individual meets the standards of personal
4328independence and social responsibility expected of his or her
4329age, cultural group, and community.
4330     (43)  "Screening," for purposes of employment, contracting,
4331or certification, means the act of assessing the background of
4332direct service providers and independent support coordinators,
4333who are not related to clients for whom they provide services,
4334and includes, but is not limited to, employment history checks,
4335local criminal records checks through local law enforcement
4336agencies, fingerprinting for all purposes and checks in this
4337subsection, statewide criminal records checks through the
4338Department of Law Enforcement, and federal criminal records
4339checks through the Federal Bureau of Investigation; except that
4340screening for volunteers included under the definition of
4341personnel includes only local criminal records checks through
4342local law enforcement agencies for current residence and
4343residence immediately prior to employment as a volunteer, if
4344different; and statewide criminal records correspondence checks
4345through the Department of Law Enforcement.
4346     (39)(44)  "Severe self-injurious behavior" means any
4347chronic behavior that results in injury to the person's own
4348body, which includes, but is not limited to, self-hitting, head
4349banging, self-biting, scratching, and the ingestion of harmful
4350or potentially harmful nutritive or nonnutritive substances.
4351     (40)(45)  "Specialized therapies" means those treatments or
4352activities prescribed by and provided by an appropriately
4353trained, licensed, or certified professional or staff person and
4354may include, but are not limited to, physical therapy, speech
4355therapy, respiratory therapy, occupational therapy, behavior
4356therapy, physical management services, and related specialized
4357equipment and supplies.
4358     (41)(46)  "Spina bifida" means, for purposes of this
4359chapter, a person with a medical diagnosis of spina bifida
4360cystica or myelomeningocele.
4361     (42)(47)  "Support coordinator" means a person who is
4362designated by the agency department to assist individuals and
4363families in identifying their desires, capacities, needs, and
4364resources, as well as finding and gaining access to necessary
4365supports and services; coordinating the delivery of supports and
4366services; advocating on behalf of the individual and family;
4367maintaining relevant records; and monitoring and evaluating the
4368delivery of supports and services to determine the extent to
4369which they meet the needs and expectations identified by the
4370individual, family, and others who participated in the
4371development of the support plan.
4372     (43)(48)  "Supported employee" means a person whose
4373developmental disability has traditionally kept him or her from
4374integrated, community-based employment and who requires and
4375receives supported employment ongoing support or follow-along
4376services in order to maintain community-based employment.
4377     (44)(49)  "Supported employment" means employment located
4378or provided in a normal employment setting which provides at
4379least 20 hours employment per week in an integrated work
4380setting, with earnings paid on a commensurate wage basis, and
4381for which continued support is or follow-along services are
4382needed for continuing job maintenance.
4383     (45)(50)  "Supported living" means a category of
4384individually determined services designed and coordinated in
4385such a manner as to provide assistance to adult clients who
4386require ongoing supports to live as independently as possible in
4387their own homes, to be integrated into the community, and to
4388participate in community life to the fullest extent possible.
4389     (46)(51)  "Training" means a planned approach to assisting
4390a client to attain or maintain his or her maximum potential and
4391includes services ranging from sensory stimulation to
4392instruction in skills for independent living and employment.
4393     (47)(52)  "Treatment" means the prevention, amelioration,
4394or cure of a client's physical and mental disabilities or
4395illnesses.
4396     Section 73.  Subsections (1), (3), (4), and (5) of section
4397393.064, Florida Statutes, are amended to read:
4398     393.064  Prevention.--
4399     (1)  The agency Department of Children and Family Services
4400shall give priority to the development, planning, and
4401implementation of programs which have the potential to prevent,
4402correct, cure, or reduce the severity of developmental
4403disabilities.  The agency department shall direct an interagency
4404interdepartmental and interprogram effort for the continued
4405development of a prevention plan and program.  The agency
4406department shall identify, through demonstration projects,
4407through departmental program evaluation, and through monitoring
4408of programs and projects conducted outside of the agency
4409department, any medical, social, economic, or educational
4410methods, techniques, or procedures that which have the potential
4411to effectively ameliorate, correct, or cure developmental
4412disabilities.  The program department shall determine the costs
4413and benefits that would be associated with such prevention
4414efforts and shall implement, or recommend the implementation of,
4415those methods, techniques, or procedures which are found likely
4416to be cost-beneficial.  The department in its legislative budget
4417request shall identify funding needs for such prevention
4418programs.
4419     (3)  Other agencies of state government shall cooperate
4420with and assist the agency department, within available
4421resources, in implementing programs which have the potential to
4422prevent, or reduce the severity of, developmental disabilities
4423and shall consider the findings and recommendations of the
4424agency department in developing and implementing agency programs
4425and formulating agency budget requests.
4426     (4)  There is created at the developmental services
4427institution in Gainesville a research and education unit.  Such
4428unit shall be named the Raymond C. Philips Research and
4429Education Unit.  The functions of such unit shall include:
4430     (a)  Research into the etiology of developmental
4431disabilities.
4432     (b)  Ensuring that new knowledge is rapidly disseminated
4433throughout the developmental services program of the agency
4434Department of Children and Family Services.
4435     (c)  Diagnosis of unusual conditions and syndromes
4436associated with developmental disabilities in clients identified
4437throughout the developmental services programs.
4438     (d)  Evaluation of families of clients with developmental
4439disabilities of genetic origin in order to provide them with
4440genetic counseling aimed at preventing the recurrence of the
4441disorder in other family members.
4442     (e)  Ensuring that health professionals in the
4443developmental services institution at Gainesville have access to
4444information systems that will allow them to remain updated on
4445newer knowledge and maintain their postgraduate education
4446standards.
4447     (f)  Enhancing staff training for professionals throughout
4448the agency department in the areas of genetics and developmental
4449disabilities.
4450     (5)  The agency Department of Children and Family Services
4451shall have the authority, within available resources, to
4452contract for the supervision and management of the Raymond C.
4453Philips Research and Education Unit, and such contract shall
4454include specific program objectives.
4455     Section 74.  Section 393.0655, Florida Statutes, is amended
4456to read:
4457     393.0655  Screening of direct service providers.--
4458     (1)  MINIMUM STANDARDS.--The agency department shall
4459require level 2 employment screening pursuant to chapter 435,
4460using the level 2 standards for screening set forth in that
4461chapter, for direct service providers who are unrelated to their
4462clients, including support coordinators, and managers and
4463supervisors of residential facilities or comprehensive
4464transitional education programs licensed under s. 393.967 and
4465any other person, including volunteers, who provide care or
4466services, who have access to a client's living areas, or who
4467have access to a client's funds or personal property. Background
4468screening shall include employment history checks as provided in
4469s. 435.03(1) and local criminal records checks through local law
4470enforcement agencies.
4471     (a)  A volunteer who assists on an intermittent basis for
4472less than 40 hours per month does not have to be screened, if
4473the volunteer is under the direct and constant supervision of
4474persons who meet the screening requirements of this section.
4475     (b)  Licensed physicians, nurses, or other professionals
4476licensed and regulated by the Department of Health are not
4477subject to background screening pursuant to this section if they
4478are providing a service that is within their scope of licensed
4479practice.
4480     (c)  A person selected by the family or the individual with
4481developmental disabilities and paid by the family or the
4482individual to provide supports or services is not required to
4483have a background screening under this section.
4484     (d)  Persons residing with the direct services provider,
4485including family members, are subject to background screening;
4486however, such persons who are 12 to 18 years of age shall be
4487screened for delinquency records only.
4488     (2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency
4489department may grant exemptions from disqualification from
4490working with children or adults with developmental disabilities
4491the developmentally disabled as provided in s. 435.07.
4492     (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
4493CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
4494and the state criminal records checks shall be borne by the
4495employer or by the employee or individual who is being screened.
4496     (4)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
4497A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY; HEARINGS
4498PROVIDED.--
4499     (a)  The agency department shall deny, suspend, terminate,
4500or revoke a license, certification, rate agreement, purchase
4501order, or contract, or pursue other remedies provided in s.
4502393.0673, s. 393.0675, or s. 393.0678 in addition to or in lieu
4503of denial, suspension, termination, or revocation for failure to
4504comply with this section.
4505     (b)  When the agency department has reasonable cause to
4506believe that grounds for denial or termination of employment
4507exist, it shall notify, in writing, the employer and the direct
4508service provider affected, stating the specific record which
4509indicates noncompliance with the standards in this section.
4510     (c)  The procedures established for hearing under chapter
4511120 shall be available to the employer and the direct service
4512provider in order to present evidence relating either to the
4513accuracy of the basis of exclusion or to the denial of an
4514exemption from disqualification.
4515     (d)  Refusal on the part of an employer to dismiss a direct
4516service provider who has been found to be in noncompliance with
4517standards of this section shall result in automatic denial,
4518termination, or revocation of the license, certification, rate
4519agreement, purchase order, or contract, in addition to any other
4520remedies pursued by the agency department.
4521     Section 75.  Section 393.066, Florida Statutes, is amended
4522to read:
4523     393.066  Community services and treatment for persons who
4524are developmentally disabled.--
4525     (1)  The agency Department of Children and Family Services
4526shall plan, develop, organize, and implement its programs of
4527services and treatment for persons who are developmentally
4528disabled along district lines.  The goal of such programs shall
4529be to allow clients to live as independently as possible in
4530their own homes or communities and to achieve productive lives
4531as close to normal as possible.
4532     (2)  All programs of services and treatment for clients
4533shall be administered through the districts and shall serve all
4534clients regardless of the type of residential setting in which
4535the client lives.  All elements of community-based services
4536shall be made available, in each service district and
4537eligibility for these services shall be consistent across the
4538state districts.  In addition, all purchased services shall be
4539approved by the agency district.
4540     (2)(3)  All services needed shall be purchased instead of
4541provided directly by the agency department, when such
4542arrangement is more cost-efficient than having those services
4543provided directly by the department.
4544     (3)(4)  Community-based services that are medically
4545necessary to prevent institutionalization shall, to the extent
4546of available resources, include:
4547     (a)  Day habilitation services, including developmental
4548training services.
4549     (b)  Family care services.
4550     (c)  Guardian advocate referral services.
4551     (d)  Medical/dental services, except that medical services
4552shall not be provided to clients with spina bifida except as
4553specifically appropriated by the Legislature.
4554     (e)  Parent training.
4555     (f)  Recreation.
4556     (g)  Residential services.
4557     (h)  Respite services.
4558     (i)  Social services.
4559     (j)  Specialized therapies.
4560     (k)  Supported employment, including enclave, job coach,
4561mobile work crew, and follow-along services.
4562     (l)  Supported living.
4563     (m)  Training, including behavioral programming.
4564     (n)  Transportation.
4565     (o)  Other habilitative and rehabilitative services as
4566needed.
4567
4568Services to clients with spina bifida shall not include medical
4569services except as appropriated by the Legislature.
4570     (5)  Provided it is consistent with the intent of the
4571Legislature, the department shall prioritize increased
4572appropriations provided for community-based services for
4573developmentally disabled individuals toward individualized,
4574community-based supports and services for consumers and their
4575families.  Further, the department's 5-year plan for
4576Developmental Services shall reflect a priority toward
4577individualized, community-based supports and services for
4578consumers and their families.
4579     (4)(6)  The agency department shall utilize the services of
4580private businesses, not-for-profit organizations, and units of
4581local government whenever such services are more cost-efficient
4582than such services provided directly by the department,
4583including arrangements for provision of residential facilities.
4584     (5)(7)  In order to improve the potential for utilization
4585of more cost-effective, community-based residential facilities,
4586the agency department shall promote the statewide development of
4587day habilitation services for clients who live with a direct
4588service provider in a community-based residential facility and
4589who do not require 24-hour-a-day care in a hospital or other
4590health care institution, but who may, in the absence of day
4591habilitation services, require admission to a developmental
4592disabilities services institution. Each day service facility
4593shall provide a protective physical environment for clients,
4594ensure that direct service providers meet the minimum screening
4595standards for good moral character as required contained in s.
4596393.0655, make available to all day habilitation service
4597participants at least one meal on each day of operation, provide
4598facilities to enable participants to obtain needed rest while
4599attending the program, as appropriate, and provide social and
4600educational activities designed to stimulate interest and
4601provide socialization skills.
4602     (6)  To promote independence and productivity, the agency
4603shall provide supports and services, within available resources,
4604to assist clients enrolled in Medicaid waivers who choose to
4605pursue gainful employment.
4606     (7)(8)  For the purpose of making needed community-based
4607residential facilities available at the least possible cost to
4608the state, the agency department is authorized to lease
4609privately owned residential facilities under long-term rental
4610agreements, if such rental agreements are projected to be less
4611costly to the state over the useful life of the facility than
4612state purchase or state construction of such a facility. In
4613addition, the department is authorized to permit, on any public
4614land to which the department holds the lease, construction of a
4615residential facility for which the department has entered into a
4616long-term rental agreement as specified in this subsection.
4617     (8)(9)  The agency department may adopt rules to ensure
4618compliance with federal laws or regulations that apply to
4619services provided pursuant to this section.
4620     Section 76.  Section 393.0661, Florida Statutes, is amended
4621to read:
4622     393.0661  Home and community-based services delivery
4623system; comprehensive redesign.--The Legislature finds that the
4624home and community-based services delivery system for persons
4625with developmental disabilities and the availability of
4626appropriated funds are two of the critical elements in making
4627services available.  Therefore, it is the intent of the
4628Legislature that the Agency for Persons with Disabilities
4629Department of Children and Family Services shall develop and
4630implement a comprehensive redesign of the system.
4631     (1)  The redesign of the home and community-based services
4632system shall include, at a minimum, all actions necessary to
4633achieve an appropriate rate structure, client choice within a
4634specified service package, appropriate assessment strategies, an
4635efficient billing process that contains reconciliation and
4636monitoring components, a redefined role for support coordinators
4637that avoids potential conflicts of interest, and ensures that
4638family/client budgets are linked to levels of need. Prior to the
4639release of funds in the lump-sum appropriation, the department
4640shall present a plan to the Executive Office of the Governor,
4641the House Fiscal Responsibility Council, and the Senate
4642Appropriations Committee. The plan must result in a full
4643implementation of the redesigned system no later than July 1,
46442003.  At a minimum, the plan must provide that the portions
4645related to direct provider enrollment and billing will be
4646operational no later than March 31, 2003.  The plan must further
4647provide that a more effective needs assessment instrument will
4648be deployed by January 1, 2003, and that all clients will be
4649assessed with this device by June 30, 2003.
4650     (a)  In no event may The agency shall use department select
4651an assessment instrument without appropriate evidence that is it
4652will be reliable and valid. Once such evidence has been
4653obtained, however, The agency may contract with department shall
4654determine the feasibility of contracting with an external vendor
4655to apply the new assessment device to all clients receiving
4656services through the Medicaid waiver. In lieu of using an
4657external vendor or, the department may use support coordinators
4658to complete client for the assessments if it develops sufficient
4659safeguards and training to ensure ongoing significantly improve
4660the inter-rater reliability of the support coordinators
4661administering the assessment.
4662     (b)  The agency, with the concurrence of the Agency for
4663Health Care Administration, may contract for the determination
4664of medical necessity and establishment of individual budgets.
4665     (2)  A provider of services rendered to persons with
4666developmental disabilities pursuant to a federally-approved
4667waiver shall be reimbursed according to a rate methodology based
4668upon an analysis of the expenditure history and prospective
4669costs of providers participating in the waiver program, or under
4670any other methodology developed by the Agency for Health Care
4671Administration, in consultation with the Agency for Persons with
4672Disabilities, and approved by the Federal Government in
4673accordance with the waiver.
4674     (3)  Pending the adoption of rate methodologies pursuant to
4675non-emergency rulemaking under s. 120.54, the Agency for Health
4676Care Administration may, at any time, adopt emergency rules
4677under s. 120.54(4) in order to comply with subsection (4). In
4678adopting such emergency rules, the agency need not make the
4679findings required by s. 120.54(4)(a), and such rules shall be
4680exempt from time limitations provided in s. 120.54(4)(c) and
4681shall remain in effect until replaced by another emergency rule
4682or the non-emergency adoption of the rate methodology.
4683     (4)  Nothing in this section or in any administrative rule
4684shall be construed to prevent or limit the Agency for Health
4685Care Administration, in consultation with the Agency for Persons
4686with Disabilities, from adjusting fees, reimbursement rates,
4687lengths of stay, number of visits, or number of services, or
4688from limiting enrollment, or making any other adjustment
4689necessary to comply with the availability of moneys and any
4690limitations or directions provided for in the General
4691Appropriations Act. If at any time, based upon an analysis by
4692the Agency for Health Care Administration in consultation with
4693the Agency for Persons with Disabilities, the cost of home and
4694community-based waiver services are expected to exceed the
4695appropriated amount, the Agency for Health Care Administration
4696may implement any adjustment, including provider rate
4697reductions, within 30 days in order to remain within the
4698appropriation.
4699     Section 77.  Section 393.068, Florida Statutes, is amended
4700to read:
4701     393.068  Family care program.--
4702     (1)  The family care program is established for the purpose
4703of providing services and support to families and individuals
4704with developmental disabilities in order to maintain the
4705individual in the home environment and avoid costly out-of-home
4706residential placement.  The Legislature recognizes the
4707importance of family support in the long-range success of
4708deinstitutionalization. Services and support available to
4709families and individuals with developmental disabilities shall
4710emphasize community living and enable individuals with
4711developmental disabilities to enjoy typical lifestyles. Support
4712and flexibility in coordinating support and services are core
4713elements in caring for the individual who is developmentally
4714disabled. One way to accomplish this is to recognize that
4715families are the greatest resource available to individuals who
4716have developmental disabilities and that families must be
4717supported in their role as primary care givers.
4718     (2)  Services and support authorized under this program
4719shall, to the extent of available resources, include the
4720services listed under s. 393.066(4) and, in addition, shall
4721include, but not be limited to:
4722     (a)  Attendant care.
4723     (b)  Barrier-free modifications to the home.
4724     (c)  Home visitation by agency workers.
4725     (d)  In-home subsidies.
4726     (e)  Low-interest loans.
4727     (f)  Parent training.
4728     (g)  Respite care.
4729     (f)(h)  Modifications for vehicles used to transport the
4730individual with a developmental disability.
4731     (g)(i)  Facilitated communication.
4732     (h)(j)  Family counseling.
4733     (i)(k)  Equipment and supplies.
4734     (j)(l)  Self-advocacy training.
4735     (k)(m)  Roommate services.
4736     (l)(n)  Integrated community activities.
4737     (m)(o)  Emergency services.
4738     (n)(p)  Support coordination.
4739     (o)  Supported employment.
4740     (p)(q)  Other support services as identified by the family
4741or individual.
4742     (2)  Provided it is consistent with the intent of the
4743Legislature, the department shall prioritize increased
4744appropriations provided for family-based services for
4745developmentally disabled individuals toward individualized,
4746family-based supports and services for consumers and their
4747families. Further, the department's 5-year plan for
4748developmental services shall reflect a priority toward
4749individualized, family-based supports and services for consumers
4750and their families.
4751     (3)  When it is determined by the agency department to be
4752more cost-effective and in the best interest of the client to
4753maintain such client in the home of a direct service provider,
4754the parent or guardian of the client or, if competent, the
4755client may enroll the client in the family care program. The
4756direct service provider of a client enrolled in the family care
4757program shall be reimbursed according to a rate schedule set by
4758the agency department. In-home subsidies cited in
4759paragraph(1)(d) shall be provided according to s. 393.0695 and
4760are not subject to any other payment method or rate schedule
4761provided for in this section.
4762     (4)  All existing community resources available to the
4763client shall be utilized to support program objectives.
4764Additional services may be incorporated into the program as
4765appropriate and to the extent that resources are available. The
4766agency department is authorized to accept gifts and grants in
4767order to carry out the program.
4768     (5)  The agency department may contract for the provision
4769of any portion of the services required by the program, except
4770for in-home subsidies cited in paragraph (2)(d) (1)(d), which
4771shall be provided pursuant to s. 393.0695. Otherwise, purchase
4772of service contracts shall be used whenever the services so
4773provided are more cost-efficient than those provided by the
4774agency department.
4775     (6)  When possible, services shall be obtained under the
4776"Florida Comprehensive Annual Services Program Plan under Title
4777XX of the Social Security Act" and the "Florida Plan for Medical
4778Assistance under Title XIX of the Social Security Act."
4779     (7)  To provide a range of personal services for the
4780client, the use of volunteers shall be maximized.  The agency
4781department shall assure appropriate insurance coverage to
4782protect volunteers from personal liability while acting within
4783the scope of their volunteer assignments under the program.
4784     (8)  The department shall submit to the President of the
4785Senate and the Speaker of the House of Representatives, as part
4786of the biennial plan required by s. 393.14, an evaluation report
4787summarizing the progress of the family care program.  The report
4788shall include the information and data necessary for an accurate
4789analysis of the costs and benefits associated with the
4790establishment and operation of the programs that were
4791established.
4792     Section 78.  Subsections (1) and (3) of section 393.0695,
4793Florida Statutes, are amended to read:
4794     393.0695  Provision of in-home subsidies.--
4795     (1)  The agency may pay department shall develop by October
47961, 1991, a plan for paying in-home subsidies to clients enrolled
4797in the family care program or supported living when it is
4798determined to be more cost-effective and in the best interest of
4799the client to provide a cash supplement to the client's income
4800to enable the client to remain in the family home or the
4801client's own home. Payments may be made to the parent or
4802guardian of the client or, if the client is competent, directly
4803to the client.
4804     (3)  In-home subsidies must be based on an individual
4805determination of need and must not exceed maximum amounts set by
4806the agency department and reassessed by the agency annually
4807department quarterly.
4808     Section 79.  Subsection (1), paragraph (a) of subsection
4809(2), paragraph (a) of subsection(4), paragraphs (a), (d), and
4810(h) of subsection (5), paragraph (a) of subsection (6),
4811paragraphs (d) and (e) of subsection (8), and subsection (13) of
4812section 393.11, Florida Statutes, are amended to read:
4813     393.11  Involuntary admission to residential services.--
4814     (1)  JURISDICTION.--When a person is mentally retarded and
4815requires involuntary admission to residential services provided
4816by the agency developmental services program of the Department
4817of Children and Family Services, the circuit court of the county
4818in which the person resides shall have jurisdiction to conduct a
4819hearing and enter an order involuntarily admitting the person in
4820order that the person may receive the care, treatment,
4821habilitation, and rehabilitation which the person needs.  For
4822the purpose of identifying mental retardation, diagnostic
4823capability shall be established by in every program function of
4824the agency department in the districts, including, but not
4825limited to, programs provided by children and families;
4826delinquency services; alcohol, drug abuse, and mental health;
4827and economic services, and by the Department of Labor and
4828Employment Security. Except as otherwise specified, the
4829proceedings under this section shall be governed by the Florida
4830Rules of Civil Procedure.
4831     (2)  PETITION.--
4832     (a)  A petition for involuntary admission to residential
4833services may be executed by a petitioning commission. For
4834proposed involuntary admission to residential services arising
4835out of chapter 916, the petition may be filed by a petitioning
4836commission, the agency department, the state attorney of the
4837circuit from which the defendant was committed, or the
4838defendant's attorney.
4839     (4)  DEVELOPMENTAL SERVICES PARTICIPATION.--
4840     (a)  Upon receiving the petition, the court shall
4841immediately order the developmental services program of the
4842agency department to examine the person being considered for
4843involuntary admission to residential services.
4844     (5)  EXAMINING COMMITTEE.--
4845     (a)  Upon receiving the petition, the court shall
4846immediately appoint an examining committee to examine the person
4847being considered for involuntary admission to residential
4848services of the developmental services program of the agency
4849department.
4850     (d)  Members of the committee shall not be employees of the
4851agency department or be associated with each other in practice
4852or in employer-employee relationships.  Members of the committee
4853shall not have served as members of the petitioning commission.  
4854Members of the committee shall not be employees of the members
4855of the petitioning commission or be associated in practice with
4856members of the commission.
4857     (h)  The agency department shall develop and prescribe by
4858rule one or more standard forms to be used as a guide for
4859members of the examining committee.
4860     (6)  COUNSEL; GUARDIAN AD LITEM.--
4861     (a)  The person with mental retardation shall be
4862represented by counsel at all stages of the judicial proceeding.
4863In the event the person is indigent and cannot afford counsel,
4864the court shall appoint a public defender not less than 20
4865working days before the scheduled hearing.  The person's counsel
4866shall have full access to the records of the service provider
4867and the agency department.  In all cases, the attorney shall
4868represent the rights and legal interests of the person with
4869mental retardation, regardless of who may initiate the
4870proceedings or pay the attorney's fee.
4871     (8)  ORDER.--
4872     (d)  If an order of involuntary admission to residential
4873services provided by the developmental services program of the
4874agency department is entered by the court, a copy of the written
4875order shall be served upon the person, the person's counsel, the
4876agency department, and the state attorney and the person's
4877defense counsel, if applicable.  The order of involuntary
4878admission sent to the agency department shall also be
4879accompanied by a copy of the examining committee's report and
4880other reports contained in the court file.
4881     (e)  Upon receiving the order, the agency department shall,
4882within 45 days, provide the court with a copy of the person's
4883family or individual support plan and copies of all examinations
4884and evaluations, outlining the treatment and rehabilitative
4885programs. The agency department shall document that the person
4886has been placed in the most appropriate, least restrictive and
4887cost-beneficial residential facility. A copy of the family or
4888individual support plan and other examinations and evaluations
4889shall be served upon the person and the person's counsel at the
4890same time the documents are filed with the court.
4891     (13)  HABEAS CORPUS.--At any time and without notice, any
4892person involuntarily admitted to the developmental services
4893program of the agency department, or the person's parent or
4894legal guardian in his or her behalf, is entitled to a writ of
4895habeas corpus to question the cause, legality, and
4896appropriateness of the person's involuntary admission.  Each
4897person, or the person's parent or legal guardian, shall receive
4898specific written notice of the right to petition for a writ of
4899habeas corpus at the time of his or her involuntary placement.
4900     Section 80.  Paragraphs (a), (b), and (d) of subsection
4901(2), subsection (3), paragraphs(b), (g), (i), and (j) of
4902subsection (4), and subsection (6) of section 393.13, Florida
4903Statutes, are amended to read:
4904     393.13  Personal treatment of persons who are
4905developmentally disabled.--
4906     (2)  LEGISLATIVE INTENT.--
4907     (a)  The Legislature finds and declares that the system of
4908care provided which the state provides to individuals who are
4909developmentally disabled must be designed to meet the needs of
4910the clients as well as protect the integrity of their legal and
4911human rights.  Further, the current system of care for persons
4912who are developmentally disabled is in need of substantial
4913improvement in order to provide truly meaningful treatment and
4914habilitation.
4915     (b)  The Legislature further finds and declares that the
4916design and delivery of treatment and services to persons who are
4917developmentally disabled should be directed by the principles of
4918normalization and therefore should:
4919     1.  Abate the use of large institutions.
4920     2.  Continue the development of community-based services
4921which provide reasonable alternatives to institutionalization in
4922settings that are least restrictive to the client.
4923     3.  Provide training and education to individuals who are
4924developmentally disabled which will maximize their potential to
4925lead independent and productive lives and which will afford
4926opportunities for outward mobility from institutions.
4927     4.  Reduce the use of sheltered workshops and other
4928noncompetitive employment day activities and promote
4929opportunities for gainful employment for persons with
4930developmental disabilities who choose to seek such employment.
4931     (d)  It is the intent of the Legislature:
4932     1.  To articulate the existing legal and human rights of
4933persons who are developmentally disabled so that they may be
4934exercised and protected. Persons with developmental disabilities
4935shall have all the rights enjoyed by citizens of the state and
4936the United States.
4937     2.  To provide a mechanism for the identification,
4938evaluation, and treatment of persons with developmental
4939disabilities.
4940     3.  To divert those individuals from institutional
4941commitment who, by virtue of comprehensive assessment, can be
4942placed in less costly, more effective community environments and
4943programs.
4944     4.  To develop a plan which will indicate the most
4945effective and efficient manner in which to implement treatment
4946programs which are meaningful to individuals with developmental
4947disabilities, while safeguarding and respecting the legal and
4948human rights of such individuals.
4949     4.5.  Once the plan developed under the provisions of
4950subparagraph 4. is presented to the Legislature, To fund
4951improvements in the program in accordance with the availability
4952of state resources and yearly priorities determined by the
4953Legislature.
4954     5.6.  To ensure that persons with developmental
4955disabilities receive treatment and habilitation which fosters
4956the developmental potential of the individual.
4957     6.7.  To provide programs for the proper habilitation and
4958treatment of persons with developmental disabilities which shall
4959include, but not be limited to, comprehensive medical/dental
4960care, education, recreation, specialized therapies, training,
4961social services, transportation, guardianship, family care
4962programs, day habilitation services, and habilitative and
4963rehabilitative services suited to the needs of the individual
4964regardless of age, degree of disability, or handicapping
4965condition. No person with developmental disabilities shall be
4966deprived of these enumerated services by reason of inability to
4967pay.
4968     7.8.  To fully effectuate the normalization principle
4969through the establishment of community services for persons with
4970developmental disabilities as a viable and practical alternative
4971to institutional care at each stage of individual life
4972development. If care in a residential facility becomes
4973necessary, it shall be in the least restrictive setting.
4974     (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
4975DISABILITIES.--The rights described in this subsection shall
4976apply to all persons with developmental disabilities, whether or
4977not such persons are clients of the agency department.
4978     (a)  Persons with developmental disabilities shall have a
4979right to dignity, privacy, and humane care, including the right
4980to be free from sexual abuse in residential facilities.
4981     (b)  Persons with developmental disabilities shall have the
4982right to religious freedom and practice.  Nothing shall restrict
4983or infringe on a person's right to religious preference and
4984practice.
4985     (c)  Persons with developmental disabilities shall receive
4986services, within available sources, which protect the personal
4987liberty of the individual and which are provided in the least
4988restrictive conditions necessary to achieve the purpose of
4989treatment.
4990     (d)  Persons who are developmentally disabled shall have a
4991right to participate in an appropriate program of quality
4992education and training services, within available resources,
4993regardless of chronological age or degree of disability.  Such
4994persons may be provided with instruction in sex education,
4995marriage, and family planning.
4996     (e)  Persons who are developmentally disabled shall have a
4997right to social interaction and to participate in community
4998activities.
4999     (f)  Persons who are developmentally disabled shall have a
5000right to physical exercise and recreational opportunities.
5001     (g)  Persons who are developmentally disabled shall have a
5002right to be free from harm, including unnecessary physical,
5003chemical, or mechanical restraint, isolation, excessive
5004medication, abuse, or neglect.
5005     (h)  Persons who are developmentally disabled shall have a
5006right to consent to or refuse treatment, subject to the
5007provisions of s. 393.12(2)(a) or chapter 744.
5008     (i)  No otherwise qualified person shall, by reason of
5009having a developmental disability, be excluded from
5010participation in, or be denied the benefits of, or be subject to
5011discrimination under, any program or activity which receives
5012public funds, and all prohibitions set forth under any other
5013statute shall be actionable under this statute.
5014     (j)  No otherwise qualified person shall, by reason of
5015having a developmental disability, be denied the right to vote
5016in public elections.
5017     (4)  CLIENT RIGHTS.--For purposes of this subsection, the
5018term "client," as defined in s. 393.063, shall also include any
5019person served in a facility licensed pursuant to s. 393.067.
5020     (b)  Each client has the right to the possession and use of
5021his or her own clothing and personal effects, except in those
5022specific instances where the use of some of these items as
5023reinforcers is essential for training the client as part of an
5024appropriately approved behavioral program.  The chief
5025administrator of the facility may take temporary custody of such
5026effects when it is essential to do so for medical or safety
5027reasons.  Custody of such personal effects shall be promptly
5028recorded in the client's record, and a receipt for such effects
5029shall be immediately given to the client, if competent, or the
5030client's parent or legal guardian.
5031     1.  All money belonging to a client held by the agency
5032department shall be held in compliance with s. 402.17(2).
5033     2.  All interest on money received and held for the
5034personal use and benefit of a client shall be the property of
5035that client and shall not accrue to the general welfare of all
5036clients or be used to defray the cost of residential care.  
5037Interest so accrued shall be used or conserved for the personal
5038use or benefit of the individual client as provided in s.
5039402.17(2).
5040     3.  Upon the discharge or death of a client, a final
5041accounting shall be made of all personal effects and money
5042belonging to the client held by the agency department.  All such
5043personal effects and money, including interest, shall be
5044promptly turned over to the client or his or her heirs.
5045     (g)  No client shall be subjected to a treatment program to
5046eliminate bizarre or unusual behaviors without first being
5047examined by a physician who in his or her best judgment
5048determines that such behaviors are not organically caused.
5049     1.  Treatment programs involving the use of noxious or
5050painful stimuli shall be prohibited.
5051     2.  All alleged violations of this paragraph shall be
5052reported immediately to the chief administrative officer of the
5053facility or the district administrator, the agency department
5054head, and the Florida local advocacy council. A thorough
5055investigation of each incident shall be conducted and a written
5056report of the finding and results of such investigation shall be
5057submitted to the chief administrative officer of the facility or
5058the district administrator and to the agency department head
5059within 24 hours of the occurrence or discovery of the incident.
5060     3.  The agency department shall adopt promulgate by rule a
5061system for the oversight of behavioral programs.  Such system
5062shall establish guidelines and procedures governing the design,
5063approval, implementation, and monitoring of all behavioral
5064programs involving clients.  The system shall ensure statewide
5065and local review by committees of professionals certified as
5066behavior analysts pursuant to s. 393.17.  No behavioral program
5067shall be implemented unless reviewed according to the rules
5068established by the agency department under this section.  
5069Nothing stated in this section shall prohibit the review of
5070programs by the Florida statewide or local advocacy councils.
5071     (i)  Clients shall have the right to be free from
5072unnecessary physical, chemical, or mechanical restraint.
5073Restraints shall be employed only in emergencies or to protect
5074the client from imminent injury to himself or herself or others.  
5075Restraints shall not be employed as punishment, for the
5076convenience of staff, or as a substitute for a habilitative
5077plan.  Restraints shall impose the least possible restrictions
5078consistent with their purpose and shall be removed when the
5079emergency ends.  Restraints shall not cause physical injury to
5080the client and shall be designed to allow the greatest possible
5081comfort.
5082     1.  Mechanical supports used in normative situations to
5083achieve proper body position and balance shall not be considered
5084restraints, but shall be prescriptively designed and applied
5085under the supervision of a qualified professional with concern
5086for principles of good body alignment, circulation, and
5087allowance for change of position.
5088     2.  Totally enclosed cribs and barred enclosures shall be
5089considered restraints.
5090     3.  Daily reports on the employment of physical, chemical,
5091or mechanical restraints by those specialists authorized in the
5092use of such restraints shall be made to the appropriate chief
5093administrator of the facility, and a monthly summary of such
5094reports shall be relayed to the district administrator and the
5095Florida local advocacy council.  The reports shall summarize all
5096such cases of restraints, the type used, the duration of usage,
5097and the reasons therefor.  Districts shall submit districtwide
5098quarterly reports of these summaries to the state Developmental
5099Disabilities Program Office.
5100     4.  The agency department shall post a copy of the rules
5101adopted promulgated under this section in each living unit of
5102residential facilities.  A copy of the rules adopted promulgated
5103under this section shall be given to all staff members of
5104licensed facilities and made a part of all preservice and
5105inservice training programs.
5106     (j)1.  Each client shall have a central record.  The record
5107shall include data pertaining to admission and such other
5108information as may be required under rules of the agency
5109department.
5110     2.  Unless waived by the client, if competent, or the
5111client's parent or legal guardian if the client is incompetent,
5112the client's central record shall be confidential and exempt
5113from the provisions of s. 119.07(1), and no part of it shall be
5114released except:
5115     a.  The record may be released to physicians, attorneys,
5116and government agencies having need of the record to aid the
5117client, as designated by the client, if competent, or the
5118client's parent or legal guardian, if the client is incompetent.
5119     b.  The record shall be produced in response to a subpoena
5120or released to persons authorized by order of court, excluding
5121matters privileged by other provisions of law.
5122     c.  The record or any part thereof may be disclosed to a
5123qualified researcher, a staff member of the facility, or an
5124employee of the agency department when the administrator of the
5125facility or the director secretary of the agency department
5126deems it necessary for the treatment of the client, maintenance
5127of adequate records, compilation of treatment data, or
5128evaluation of programs.
5129     d.  Information from the records may be used for
5130statistical and research purposes if the information is
5131abstracted in such a way to protect the identity of individuals.
5132     3.  All central records for each client in residential
5133facilities shall be kept on uniform forms distributed by the
5134agency department.  The central record shall accurately
5135summarize each client's history and present condition.
5136     4.  The client, if competent, or the client's parent or
5137legal guardian if the client is incompetent, shall be supplied
5138with a copy of the client's central record upon request.
5139     (6)  NOTICE OF RIGHTS.--Each person with developmental
5140disabilities, if competent, or parent or legal guardian of such
5141person if the person is incompetent, shall promptly receive from
5142the agency Department of Children and Family Services or the
5143Department of Education a written copy of this act. Each person
5144with developmental disabilities able to comprehend shall be
5145promptly informed, in the language or other mode of
5146communication which such person understands, of the above legal
5147rights of persons with developmental disabilities.
5148     Section 81.  Section 393.17, Florida Statutes, is amended
5149to read:
5150     393.17  Behavioral programs; certification of behavior
5151analysts; fees.--The agency may recognize the certification of
5152behavior analysts awarded by a nonprofit corporation whose
5153mission is to meet professional credentialing needs identified
5154by behavior analysts, state governments, and consumers of
5155behavior analysis services and whose work has the support of the
5156Association for Behavior Analysis International. The department
5157shall by rule implement a certification program to ensure that
5158qualified persons oversee the design and implementation of
5159behavioral programs for persons who are developmentally
5160disabled. Certification and recertification minimum standards
5161must comply with departmental rules and must include, for
5162initial certification, examination of competencies in applying
5163behavior analysis with persons who are developmentally disabled
5164within established competency clusters.  These competency
5165clusters shall include, but not be limited to, behavioral
5166assessments, observation and recording, behavioral program
5167development and monitoring, and other areas as determined by
5168professional practitioners of behavior analysis. Fees shall be
5169charged for certification not to exceed the cost of development
5170and administration of the examination and periodic renewal of
5171certification. The department shall establish by rule the
5172procedures for certification and certification renewal.
5173     Section 82.  Section 393.22, Florida Statutes, is amended
5174to read:
5175     393.22  Transfer of appropriations; barriers to services;
5176Financial commitment to community services programs.--
5177     (1)  No funds appropriated for developmental services
5178programs shall be transferred pursuant to s. 216.292, unless
5179there is a finding by the secretary that treatment programs for
5180developmental disabilities will not be adversely affected by the
5181transfer.
5182     (2)  Development of programs for other disabilities shall
5183not effectuate a reduction or dilution of the ongoing financial
5184commitment of the state through appropriations for programs and
5185services for persons with mental retardation, cerebral palsy,
5186autism, or spina bifida.
5187     (3)  In order to The Department of Children and Family
5188Services and the Agency for Health Care Administration jointly
5189shall ensure that whenever a number of persons move from an
5190institution serving persons with developmental disabilities
5191which is sufficient to allow an entire residential unit within
5192that institution to be closed, no less than 80 percent of the
5193direct costs of providing services to persons who had resided in
5194that unit shall be reallocated for community services.
5195     Section 83.  Section 393.502, Florida Statutes, is amended
5196to read:
5197     393.502  Family care councils.--
5198     (1)  CREATION.--There shall be established and located
5199within each service area of the agency district of the
5200department a district family care council.
5201     (2)  MEMBERSHIP.--
5202     (a)  Each local district family care council shall consist
5203of at least 10 and no more than 15 members recommended by a
5204majority vote of the local district family care council and
5205appointed by the Governor.
5206     (b)  At least three of the members of the council must be
5207consumers. One such member shall be a consumer who received
5208developmental services within the 4 years prior to the date of
5209recommendation, or the legal guardian of such a consumer. The
5210remainder of the council members shall be parents, guardians, or
5211siblings of persons with developmental disabilities who qualify
5212for developmental services pursuant to this chapter.
5213     (c)  A person who is currently serving on another board or
5214council of the agency department may not be appointed to a local
5215district family care council.
5216     (d)  Employees of the agency department are not eligible to
5217serve on a local district family care council.
5218     (e)  Persons related by consanguinity or affinity within
5219the third degree shall not serve on the same local district
5220family care council at the same time.
5221     (f)  A chair for the council shall be chosen by the council
5222members to serve for 1 year. A person may serve no more than
5223four 1-year terms as chair.
5224     (3)  TERMS; VACANCIES.--
5225     (a)  Council members shall be appointed for a 3-year term,
5226except as provided in subsection (8), and may be reappointed to
5227one additional term.
5228     (b)  A member who has served two consecutive terms shall
5229not be eligible to serve again until 12 months have elapsed
5230since ending his or her service on the local district council.
5231     (c)  Upon expiration of a term or in the case of any other
5232vacancy, the local district council shall, by majority vote,
5233recommend to the Governor for appointment a person for each
5234vacancy. If the Governor does not act on the council's
5235recommendations within 45 days after receiving them, the persons
5236recommended shall be considered to be appointed.
5237     (4)  COMMITTEE APPOINTMENTS.--The chair of the local
5238district family care council may appoint persons to serve on
5239council committees. Such persons may include former members of
5240the council and persons not eligible to serve on the council.
5241     (5)  TRAINING.--
5242     (a)  The agency department, in consultation with the local
5243district councils, shall establish a training program for local
5244district family care council members. Each local area district
5245shall provide the training program when new persons are
5246appointed to the local district council and at other times as
5247the secretary deems necessary.
5248     (b)  The training shall assist the council members to
5249understand the laws, rules, and policies applicable to their
5250duties and responsibilities.
5251     (c)  All persons appointed to a local district council must
5252complete this training within 90 days after their appointment. A
5253person who fails to meet this requirement shall be considered to
5254have resigned from the council.
5255     (6)  MEETINGS.--Council members shall serve on a voluntary
5256basis without payment for their services but shall be reimbursed
5257for per diem and travel expenses as provided for in s. 112.061.  
5258The council shall meet at least six times per year.
5259     (7)  PURPOSE.--The purpose of the local district family
5260care councils shall be to advise the agency department and its
5261district advisory boards, to develop a plan for the delivery of
5262developmental services family support services within the local
5263area district, and to monitor the implementation and
5264effectiveness of services and support provided under the plan.  
5265The primary functions of the local district family care councils
5266shall be to:
5267     (a)  Assist in providing information and outreach to
5268families.
5269     (b)  Review the effectiveness of service developmental
5270services programs and make recommendations with respect to
5271program implementation.
5272     (c)  Advise the agency district developmental services
5273administrators with respect to policy issues relevant to the
5274community and family support system in the local area district.
5275     (d)  Meet and share information with other local district
5276family care councils.
5277     (8)  NEW COUNCILS.--When a local district family care
5278council is established for the first time in a local area
5279district, the Governor shall appoint the first four council
5280members, who shall serve 3-year terms. These members shall
5281submit to the Governor, within 90 days after their appointment,
5282recommendations for at least six additional members, selected by
5283majority vote. If the Governor does not act on the
5284recommendations within 45 days after receiving them, the persons
5285recommended shall be considered to be appointed. Those members
5286recommended for appointment by the Governor shall serve for 2
5287years.
5288     (9)  FUNDING; FINANCIAL REVIEW.--The local district family
5289care council may apply for, receive, and accept grants, gifts,
5290donations, bequests, and other payments from any public or
5291private entity or person. Each local district council is shall
5292be subject to an annual financial review by district staff
5293assigned by the agency district administrator. Each local
5294district council shall exercise care and prudence in the
5295expenditure of funds. The local district family care councils
5296shall comply with state expenditure requirements.
5297     Section 84.  Section 408.301, Florida Statutes, is amended
5298to read:
5299     408.301  Legislative findings.--The Legislature has found
5300that access to quality, affordable, health care for all
5301Floridians is an important goal for the state. The Legislature
5302recognizes that there are Floridians with special health care
5303and social needs which require particular attention. The people
5304served by the Department of Children and Family Services, the
5305Agency for Persons with Disabilities, and the Department of
5306Health, and the Department of Elderly Affairs are examples of
5307citizens with special needs. The Legislature further recognizes
5308that the Medicaid program is an intricate part of the service
5309delivery system for the special needs citizens served by or
5310through the Department of Children and Family Services and the
5311Department of Health. However, the Agency for Health Care
5312Administration is not a service provider and does not develop or
5313direct programs for the special needs citizens served by or
5314through the Department of Children and Family Services and the
5315Department of Health. Therefore, it is the intent of the
5316Legislature that the Agency for Health Care Administration work
5317closely with the Department of Children and Family Services, the
5318Agency for Persons with Disabilities, and the Department of
5319Health, and the Department of Elderly Affairs in developing
5320plans for assuring access to all Floridians in order to assure
5321that the needs of special citizens are met.
5322     Section 85.  Section 408.302, Florida Statutes, is amended
5323to read:
5324     408.302  Interagency agreement.--
5325     (1)  The Agency for Health Care Administration shall enter
5326into an interagency agreement with the Department of Children
5327and Family Services, the Agency for Persons with Disabilities,
5328and the Department of Health, and the Department of Elderly
5329Affairs to assure coordination and cooperation in serving
5330special needs citizens. The agreement shall include the
5331requirement that the secretaries or directors secretary of the
5332Department of Children and Family Services, the Agency for
5333Persons with Disabilities, and the secretary of the Department
5334of Health, and the Department of Elderly Affairs approve, prior
5335to adoption, any rule developed by the Agency for Health Care
5336Administration where such rule has a direct impact on the
5337mission of the respective state agencies Department of Children
5338and Family Services and the Department of Health, their
5339programs, or their budgets.
5340     (2)  For rules which indirectly impact on the mission of
5341the Department of Children and Family Services, the Agency for
5342Persons with Disabilities, and the Department of Health, and the
5343Department of Elderly Affairs, their programs, or their budgets,
5344the concurrence of the respective secretaries or directors
5345secretary of the Department of Children and Family Services and
5346the secretary of the Department of Health on the rule is
5347required.
5348     (3)  For all other rules developed by the Agency for Health
5349Care Administration, coordination with the Department of
5350Children and Family Services, the Agency for Persons with
5351Disabilities, and the Department of Health, and the Department
5352of Elderly Affairs is encouraged.
5353     (4)  The interagency agreement shall also include any other
5354provisions necessary to ensure a continued cooperative working
5355relationship between the Agency for Health Care Administration
5356and the Department of Children and Family Services, the Agency
5357for Persons with Disabilities, and the Department of Health, and
5358the Department of Elderly Affairs as each strives to meet the
5359needs of the citizens of Florida.
5360     Section 86.  Subsection (13) of section 409.906, Florida
5361Statutes, is amended to read:
5362     409.906  Optional Medicaid services.--Subject to specific
5363appropriations, the agency may make payments for services which
5364are optional to the state under Title XIX of the Social Security
5365Act and are furnished by Medicaid providers to recipients who
5366are determined to be eligible on the dates on which the services
5367were provided.  Any optional service that is provided shall be
5368provided only when medically necessary and in accordance with
5369state and federal law. Optional services rendered by providers
5370in mobile units to Medicaid recipients may be restricted or
5371prohibited by the agency. Nothing in this section shall be
5372construed to prevent or limit the agency from adjusting fees,
5373reimbursement rates, lengths of stay, number of visits, or
5374number of services, or making any other adjustments necessary to
5375comply with the availability of moneys and any limitations or
5376directions provided for in the General Appropriations Act or
5377chapter 216. If necessary to safeguard the state's systems of
5378providing services to elderly and disabled persons and subject
5379to the notice and review provisions of s. 216.177, the Governor
5380may direct the Agency for Health Care Administration to amend
5381the Medicaid state plan to delete the optional Medicaid service
5382known as "Intermediate Care Facilities for the Developmentally
5383Disabled."  Optional services may include:
5384     (13)  HOME AND COMMUNITY-BASED SERVICES.--The agency may
5385pay for home-based or community-based services that are rendered
5386to a recipient in accordance with a federally approved waiver
5387program. The agency may limit or eliminate coverage for certain
5388Project AIDS Care Waiver services, preauthorize high-cost or
5389highly utilized services, or make any other adjustments
5390necessary to comply with any limitations or directions provided
5391for in the General Appropriations Act.
5392     Section 87.  Sections 393.14, 393.165, 393.166, and
5393393.505, Florida Statutes, are repealed.
5394     Section 88.  (1)  Effective October 1, 2004, the
5395developmental disabilities program and the developmental
5396services institutions in the Department of Children and Family
5397Services shall be transferred to the Agency for Persons with
5398Disabilities by a type two transfer pursuant to s. 20.06,
5399Florida Statutes. Prior to that date:
5400     (a)  The Agency for Persons with Disabilities and the
5401Department of Children and Family Services, in consultation with
5402the Department of Management Services, shall determine the
5403number of positions and resources within the department
5404dedicated to the developmental disabilities program which shall
5405be transferred to the agency and will develop an agreement that
5406delineates who within the Department of Children and Family
5407Services will provide administrative support to the agency.
5408     (b)  The Director of the Agency for Persons with
5409Disabilities, in consultation with the Secretaries of the
5410Department of Children and Family Services and the Agency for
5411Health Care Administration or their designees, shall prepare a
5412transition plan that must address, at a minimum, building
5413leases, information support systems, cash ownership and
5414transfer, administrative support functions, inventory and
5415transfers of equipment and structures, expenditure transfers,
5416budget authority and positions, and certifications forward. This
5417plan shall be submitted by September 1, 2004, to the Executive
5418Office of the Governor, the President of the Senate, and the
5419Speaker of the House of Representatives.
5420     (c)  The Agency for Persons with Disabilities and the
5421Department of Children and Family Services shall work with the
5422Agency for Health Care Administration to develop a plan that
5423ensures that all of the necessary electronic and paper-based
5424data of the Developmental Disabilities program is accessible to
5425the Medicaid program and that all electronic records will be
5426migrated to a new data system that is compatible with the
5427Florida Medicaid Management Information System.
5428     (d)  The Agency for Persons with Disabilities and the
5429Agency for Health Care Administration shall develop a plan for
5430the orderly relocation of the noncentral-office staff of the
5431Agency for Persons with Disabilities to the area offices of the
5432Agency for Health Care Administration. Such plan shall include a
5433schedule that takes into consideration the availability of
5434space, the expiration of current leases, and the initiation of
5435new leases that can accommodate the relocated staff, as well as
5436appropriate reimbursement for collocation costs, including
5437office space and other operating expenses.
5438     (2)  Effective October 1, 2004, the agency shall enter into
5439an interagency agreement with the Department of Children and
5440Family Services for the provision of the necessary day-to-day
5441administrative and operational needs of the agency, including,
5442but not limited to, personnel, purchasing, information
5443technology support, legal support, and other related services.
5444This interagency agreement shall continue until the agency no
5445longer requires the provision of services through such
5446agreement.
5447     (3)  This act does not affect the validity of any judicial
5448or administrative proceeding pending on October 30, 2004, and
5449the Agency for Persons with Disabilities is substituted as a
5450real party in interest with respect to any proceeding pending on
5451that date which involves the developmental services programs of
5452the Department of Children and Family Services.
5453     Section 89.  The Office of Program Policy Analysis and
5454Government Accountability shall identify and evaluate statewide
5455entities receiving state funding for the purpose of addressing
5456the interests of, but not directly providing services for,
5457persons with disabilities.
5458     (1)  The purpose of the analysis shall be to provide
5459information with respect to:
5460     (a)  The extent to which activities of these entities are
5461coordinated;
5462     (b)  The similarities and differences in the organizational
5463missions of these entities; and
5464     (c)  The amount of state funds provided to these entities
5465for the purpose of addressing the interests of persons with
5466disabilities, the uses of these funds, and whether they
5467duplicate the efforts of other private or federally funded
5468entities.
5469     (2)  The report shall be completed and provided to the
5470Governor and Legislature by December 2005.
5471     Section 90.  Subsection (1) of section 92.53, Florida
5472Statutes, is amended to read:
5473     92.53  Videotaping of testimony of victim or witness under
5474age 16 or person with mental retardation.--
5475     (1)  On motion and hearing in camera and a finding that
5476there is a substantial likelihood that a victim or witness who
5477is under the age of 16 or who is a person with mental
5478retardation as defined in s. 393.063(42) would suffer at least
5479moderate emotional or mental harm due to the presence of the
5480defendant if the child or person with mental retardation is
5481required to testify in open court, or that such victim or
5482witness is otherwise unavailable as defined in s. 90.804(1), the
5483trial court may order the videotaping of the testimony of the
5484victim or witness in a case, whether civil or criminal in
5485nature, in which videotaped testimony is to be utilized at trial
5486in lieu of trial testimony in open court.
5487     Section 91.  Subsections (1), (2), and (3), paragraph (i)
5488of subsection (4), and subsections (5), (8), (9), (10), (11),
5489(12), (13), (14), and (17) of 393.067, Florida Statutes, are
5490amended to read:
5491     393.067  Licensure of residential facilities and
5492comprehensive transitional education programs.--
5493     (1)  The agency department shall provide through its
5494licensing authority a system of provider qualifications,
5495standards, training criteria for meeting standards, and
5496monitoring for residential facilities and comprehensive
5497transitional education programs.
5498     (2)  The agency department shall conduct inspections and
5499reviews of residential facilities and comprehensive transitional
5500education programs annually.
5501     (3)  An application for a license for a residential
5502facility or a comprehensive transitional education program shall
5503be made to the agency Department of Children and Family Services
5504on a form furnished by it and shall be accompanied by the
5505appropriate license fee.
5506     (4)  The application shall be under oath and shall contain
5507the following:
5508     (i)  Such other information as the agency department
5509determines is necessary to carry out the provisions of this
5510chapter.
5511     (5)  The applicant shall submit evidence which establishes
5512the good moral character of the manager or supervisor of the
5513facility or program and the direct service providers in the
5514facility or program and its component centers or units. A
5515license may be issued if all the screening materials have been
5516timely submitted; however, a license may not be issued or
5517renewed if any of the direct service providers have failed the
5518screening required by s. 393.0655.
5519     (a)1.  A licensed residential facility or comprehensive
5520transitional education program which applies for renewal of its
5521license shall submit to the agency department a list of direct
5522service providers who have worked on a continuous basis at the
5523applicant facility or program since submitting fingerprints to
5524the agency or the Department of Children and Family Services,
5525identifying those direct service providers for whom a written
5526assurance of compliance was provided by the agency or department
5527and identifying those direct service providers who have recently
5528begun working at the facility or program and are awaiting the
5529results of the required fingerprint check along with the date of
5530the submission of those fingerprints for processing. The agency
5531department shall by rule determine the frequency of requests to
5532the Department of Law Enforcement to run state criminal records
5533checks for such direct service providers except for those direct
5534service providers awaiting the results of initial fingerprint
5535checks for employment at the applicant facility or program. The
5536agency department shall review the records of the direct service
5537providers at the applicant facility or program with respect to
5538the crimes specified in s. 393.0655 and shall notify the
5539facility or program of its findings. When disposition
5540information is missing on a criminal record, it is shall be the
5541responsibility of the person being screened, upon request of the
5542agency department, to obtain and supply within 30 days the
5543missing disposition information to the agency department.
5544Failure to supply the missing information within 30 days or to
5545show reasonable efforts to obtain such information shall result
5546in automatic disqualification.
5547     2.  The applicant shall sign an affidavit under penalty of
5548perjury stating that all new direct service providers have been
5549fingerprinted and that the facility's or program's remaining
5550direct service providers have worked at the applicant facility
5551or program on a continuous basis since being initially screened
5552at that facility or program or have a written assurance of
5553compliance from the agency or department.
5554     (b)  As a prerequisite for issuance of the initial license
5555to a residential facility or comprehensive transitional
5556education program:
5557     1.  The applicant shall submit to the agency department a
5558complete set of fingerprints, taken by an authorized law
5559enforcement agency or an employee of the agency department who
5560is trained to take fingerprints, for the manager, supervisor, or
5561direct service providers of the facility or program;
5562     2.  The agency department shall submit the fingerprints to
5563the Department of Law Enforcement for state processing and for
5564federal processing by the Federal Bureau of Investigation; and
5565     3.  The agency department shall review the record of the
5566manager or supervisor with respect to the crimes specified in s.
5567393.0655(1) and shall notify the applicant of its findings. When
5568disposition information is missing on a criminal record, it is
5569shall be the responsibility of the manager or supervisor, upon
5570request of the agency department, to obtain and supply within 30
5571days the missing disposition information to the agency
5572department. Failure to supply the missing information within 30
5573days or to show reasonable efforts to obtain such information
5574shall result in automatic disqualification.
5575     (c)  The agency department or a residential facility or
5576comprehensive transitional education program may not use the
5577criminal records or juvenile records of a person obtained under
5578this subsection for any purpose other than determining if that
5579person meets the minimum standards for good moral character for
5580a manager or supervisor of, or direct service provider in, such
5581a facility or program. The criminal records or juvenile records
5582obtained by the agency department or a residential facility or
5583comprehensive transitional education program for determining the
5584moral character of a manager, supervisor, or direct service
5585provider are exempt from s. 119.07(1).
5586     (8)  The agency department shall adopt promulgate rules
5587establishing minimum standards for licensure of residential
5588facilities and comprehensive transitional education programs,
5589including rules requiring facilities and programs to train staff
5590to detect and prevent sexual abuse of residents and clients,
5591minimum standards of quality and adequacy of care, and uniform
5592firesafety standards established by the State Fire Marshal which
5593are appropriate to the size of the facility or of the component
5594centers or units of the program.
5595     (9)  The agency department and the Agency for Health Care
5596Administration, after consultation with the Department of
5597Community Affairs, shall adopt rules for residential facilities
5598under the respective regulatory jurisdiction of each
5599establishing minimum standards for the preparation and annual
5600update of a comprehensive emergency management plan. At a
5601minimum, the rules must provide for plan components that address
5602emergency evacuation transportation; adequate sheltering
5603arrangements; postdisaster activities, including emergency
5604power, food, and water; postdisaster transportation; supplies;
5605staffing; emergency equipment; individual identification of
5606residents and transfer of records; and responding to family
5607inquiries. The comprehensive emergency management plan for all
5608comprehensive transitional education programs and for homes
5609serving individuals who have complex medical conditions is
5610subject to review and approval by the local emergency management
5611agency. During its review, the local emergency management agency
5612shall ensure that the following agencies, at a minimum, are
5613given the opportunity to review the plan: the Agency for Health
5614Care Administration, the Agency for Persons with Disabilities
5615Department of Children and Family Services, and the Department
5616of Community Affairs. Also, appropriate volunteer organizations
5617must be given the opportunity to review the plan.  The local
5618emergency management agency shall complete its review within 60
5619days and either approve the plan or advise the facility of
5620necessary revisions.
5621     (10)  The agency department may conduct unannounced
5622inspections to determine compliance by residential facilities
5623and comprehensive transitional education programs with the
5624applicable provisions of this chapter and the rules adopted
5625pursuant hereto, including the rules adopted for training staff
5626of a facility or a program to detect and prevent sexual abuse of
5627residents and clients. The facility or program shall make copies
5628of inspection reports available to the public upon request.
5629     (11)  An alternative living center and an independent
5630living education center, as defined in s. 393.063(8), shall be
5631subject to the provisions of s. 419.001, except that such
5632centers shall be exempt from the 1,000-foot-radius requirement
5633of s. 419.001(2) if:
5634     (a)  Such centers are located on a site zoned in a manner
5635so that all the component centers of a comprehensive transition
5636education center may be located thereon; or
5637     (b)  There are no more than three such centers within said
5638radius of 1,000 feet.
5639     (12)  Each residential facility or comprehensive
5640transitional education program licensed by the agency department
5641shall forward annually to the agency department a true and
5642accurate sworn statement of its costs of providing care to
5643clients funded by the agency department.
5644     (13)  The agency department may audit the records of any
5645residential facility or comprehensive transitional education
5646program that which it has reason to believe may not be in full
5647compliance with the provisions of this section; provided that,
5648any financial audit of such facility or program shall be limited
5649to the records of clients funded by the agency department.
5650     (14)  The agency department shall establish, for the
5651purpose of control of licensure costs, a uniform management
5652information system and a uniform reporting system with uniform
5653definitions and reporting categories.
5654     (17)  The agency department shall not be required to
5655contract with new facilities licensed after October 1, 1989,
5656pursuant to this chapter. Pursuant to chapter 287, the agency
5657department shall continue to contract within available resources
5658for residential services with facilities licensed prior to
5659October 1, 1989, if such facilities comply with the provisions
5660of this chapter and all other applicable laws and regulations.
5661     Section 92.  Subsection (9) of section 397.405, Florida
5662Statutes, is amended to read:
5663     397.405  Exemptions from licensure.--The following are
5664exempt from the licensing provisions of this chapter:
5665     (9)  Facilities licensed under s. 393.063(8) that, in
5666addition to providing services to persons who are
5667developmentally disabled as defined therein, also provide
5668services to persons developmentally at risk as a consequence of
5669exposure to alcohol or other legal or illegal drugs while in
5670utero.
5671
5672The exemptions from licensure in this section do not apply to
5673any service provider that receives an appropriation, grant, or
5674contract from the state to operate as a service provider as
5675defined in this chapter or to any substance abuse program
5676regulated pursuant to s. 397.406.  Furthermore, this chapter may
5677not be construed to limit the practice of a physician licensed
5678under chapter 458 or chapter 459, a psychologist licensed under
5679chapter 490, or a psychotherapist licensed under chapter 491 who
5680provides substance abuse treatment, so long as the physician,
5681psychologist, or psychotherapist does not represent to the
5682public that he or she is a licensed service provider and does
5683not provide services to clients pursuant to part V of this
5684chapter. Failure to comply with any requirement necessary to
5685maintain an exempt status under this section is a misdemeanor of
5686the first degree, punishable as provided in s. 775.082 or s.
5687775.083.
5688     Section 93.  Paragraph (b) of subsection (5) of section
5689400.464, Florida Statutes, is amended to read:
5690     400.464  Home health agencies to be licensed; expiration of
5691license; exemptions; unlawful acts; penalties.--
5692     (5)  The following are exempt from the licensure
5693requirements of this part:
5694     (b)  Home health services provided by a state agency,
5695either directly or through a contractor with:
5696     1.  The Department of Elderly Affairs.
5697     2.  The Department of Health, a community health center, or
5698a rural health network that furnishes home visits for the
5699purpose of providing environmental assessments, case management,
5700health education, personal care services, family planning, or
5701followup treatment, or for the purpose of monitoring and
5702tracking disease.
5703     3.  Services provided to persons who have developmental
5704disabilities, as defined in s. 393.063(12).
5705     4.  Companion and sitter organizations that were registered
5706under s. 400.509(1) on January 1, 1999, and were authorized to
5707provide personal services under s. 393.063(33) under a
5708developmental services provider certificate on January 1, 1999,
5709may continue to provide such services to past, present, and
5710future clients of the organization who need such services,
5711notwithstanding the provisions of this act.
5712     5.  The Department of Children and Family Services.
5713     Section 94.  Paragraph (d) of subsection (1) of section
5714419.001, Florida Statutes, is amended to read:
5715     419.001  Site selection of community residential homes.--
5716     (1)  For the purposes of this section, the following
5717definitions shall apply:
5718     (d)  "Resident" means any of the following:  a frail elder
5719as defined in s. 400.618; a physically disabled or handicapped
5720person as defined in s. 760.22(7)(a); a developmentally disabled
5721person as defined in s. 393.063(12); a nondangerous mentally ill
5722person as defined in s. 394.455(18); or a child as defined in s.
572339.01(14), s. 984.03(9) or (12), or s. 985.03(8).
5724     Section 95.  Section 914.16, Florida Statutes, is amended
5725to read:
5726     914.16  Child abuse and sexual abuse of victims under age
572716 or persons with mental retardation; limits on
5728interviews.--The chief judge of each judicial circuit, after
5729The chief judge of each judicial circuit, after consultation
5730with the state attorney and the public defender for the judicial
5731circuit, the appropriate chief law enforcement officer, and any
5732other person deemed appropriate by the chief judge, shall
5733provide by order reasonable limits on the number of interviews
5734that a victim of a violation of s. 794.011, s. 800.04, or s.
5735827.03 who is under 16 years of age or a victim of a violation
5736of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who is a
5737person with mental retardation as defined in s. 393.063(42) must
5738submit to for law enforcement or discovery purposes. The order
5739shall, to the extent possible, protect the victim from the
5740psychological damage of repeated interrogations while preserving
5741the rights of the public, the victim, and the person charged
5742with the violation.
5743     Section 96.  Subsection (2) of section 914.17, Florida
5744Statutes, is amended to read:
5745     914.17  Appointment of advocate for victims or witnesses
5746who are minors or persons with mental retardation.--
5747     (2)  An advocate shall be appointed by the court to
5748represent a person with mental retardation as defined in s.
5749393.063(42) in any criminal proceeding if the person with mental
5750retardation is a victim of or witness to abuse or neglect, or if
5751the person with mental retardation is a victim of a sexual
5752offense or a witness to a sexual offense committed against a
5753minor or person with mental retardation. The court may appoint
5754an advocate in any other criminal proceeding in which a person
5755with mental retardation is involved as either a victim or a
5756witness. The advocate shall have full access to all evidence and
5757reports introduced during the proceedings, may interview
5758witnesses, may make recommendations to the court, shall be
5759noticed and have the right to appear on behalf of the person
5760with mental retardation at all proceedings, and may request
5761additional examinations by medical doctors, psychiatrists, or
5762psychologists. It is the duty of the advocate to perform the
5763following services:
5764     (a)  To explain, in language understandable to the person
5765with mental retardation, all legal proceedings in which the
5766person shall be involved;
5767     (b)  To act, as a friend of the court, to advise the judge,
5768whenever appropriate, of the person with mental retardation's
5769ability to understand and cooperate with any court proceedings;
5770and
5771     (c)  To assist the person with mental retardation and the
5772person's family in coping with the emotional effects of the
5773crime and subsequent criminal proceedings in which the person
5774with mental retardation is involved.
5775     Section 97.  Subsection (1) of section 918.16, Florida
5776Statutes, is amended to read:
5777     918.16  Sex offenses; testimony of person under age 16 or
5778person with mental retardation; testimony of victim; courtroom
5779cleared; exceptions.--
5780     (1)  Except as provided in subsection (2), in the trial of
5781any case, civil or criminal, when any person under the age of 16
5782or any person with mental retardation as defined in s.
5783393.063(42) is testifying concerning any sex offense, the court
5784shall clear the courtroom of all persons except parties to the
5785cause and their immediate families or guardians, attorneys and
5786their secretaries, officers of the court, jurors, newspaper
5787reporters or broadcasters, court reporters, and, at the request
5788of the victim, victim or witness advocates designated by the
5789state attorney's office.
5790     Section 98.  Paragraph (a) of subsection (4) of section
5791943.0585, Florida Statutes, is amended to read:
5792     943.0585  Court-ordered expunction of criminal history
5793records.--The courts of this state have jurisdiction over their
5794own procedures, including the maintenance, expunction, and
5795correction of judicial records containing criminal history
5796information to the extent such procedures are not inconsistent
5797with the conditions, responsibilities, and duties established by
5798this section. Any court of competent jurisdiction may order a
5799criminal justice agency to expunge the criminal history record
5800of a minor or an adult who complies with the requirements of
5801this section. The court shall not order a criminal justice
5802agency to expunge a criminal history record until the person
5803seeking to expunge a criminal history record has applied for and
5804received a certificate of eligibility for expunction pursuant to
5805subsection (2). A criminal history record that relates to a
5806violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
5807817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
5808847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
5809s. 907.041 may not be expunged, without regard to whether
5810adjudication was withheld, if the defendant was found guilty of
5811or pled guilty or nolo contendere to the offense, or if the
5812defendant, as a minor, was found to have committed, or pled
5813guilty or nolo contendere to committing, the offense as a
5814delinquent act. The court may only order expunction of a
5815criminal history record pertaining to one arrest or one incident
5816of alleged criminal activity, except as provided in this
5817section. The court may, at its sole discretion, order the
5818expunction of a criminal history record pertaining to more than
5819one arrest if the additional arrests directly relate to the
5820original arrest. If the court intends to order the expunction of
5821records pertaining to such additional arrests, such intent must
5822be specified in the order. A criminal justice agency may not
5823expunge any record pertaining to such additional arrests if the
5824order to expunge does not articulate the intention of the court
5825to expunge a record pertaining to more than one arrest. This
5826section does not prevent the court from ordering the expunction
5827of only a portion of a criminal history record pertaining to one
5828arrest or one incident of alleged criminal activity.
5829Notwithstanding any law to the contrary, a criminal justice
5830agency may comply with laws, court orders, and official requests
5831of other jurisdictions relating to expunction, correction, or
5832confidential handling of criminal history records or information
5833derived therefrom. This section does not confer any right to the
5834expunction of any criminal history record, and any request for
5835expunction of a criminal history record may be denied at the
5836sole discretion of the court.
5837     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
5838criminal history record of a minor or an adult which is ordered
5839expunged by a court of competent jurisdiction pursuant to this
5840section must be physically destroyed or obliterated by any
5841criminal justice agency having custody of such record; except
5842that any criminal history record in the custody of the
5843department must be retained in all cases. A criminal history
5844record ordered expunged that is retained by the department is
5845confidential and exempt from the provisions of s. 119.07(1) and
5846s. 24(a), Art. I of the State Constitution and not available to
5847any person or entity except upon order of a court of competent
5848jurisdiction. A criminal justice agency may retain a notation
5849indicating compliance with an order to expunge.
5850     (a)  The person who is the subject of a criminal history
5851record that is expunged under this section or under other
5852provisions of law, including former s. 893.14, former s. 901.33,
5853and former s. 943.058, may lawfully deny or fail to acknowledge
5854the arrests covered by the expunged record, except when the
5855subject of the record:
5856     1.  Is a candidate for employment with a criminal justice
5857agency;
5858     2.  Is a defendant in a criminal prosecution;
5859     3.  Concurrently or subsequently petitions for relief under
5860this section or s. 943.059;
5861     4.  Is a candidate for admission to The Florida Bar;
5862     5.  Is seeking to be employed or licensed by or to contract
5863with the Department of Children and Family Services or the
5864Department of Juvenile Justice or to be employed or used by such
5865contractor or licensee in a sensitive position having direct
5866contact with children, the developmentally disabled, the aged,
5867or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
5868394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
5869409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
5870     6.  Is seeking to be employed or licensed by the Office of
5871Teacher Education, Certification, Staff Development, and
5872Professional Practices of the Department of Education, any
5873district school board, or any local governmental entity that
5874licenses child care facilities.
5875     Section 99.  Paragraph (a) of subsection (4) of section
5876943.059, Florida Statutes, is amended to read:
5877     943.059  Court-ordered sealing of criminal history
5878records.--The courts of this state shall continue to have
5879jurisdiction over their own procedures, including the
5880maintenance, sealing, and correction of judicial records
5881containing criminal history information to the extent such
5882procedures are not inconsistent with the conditions,
5883responsibilities, and duties established by this section. Any
5884court of competent jurisdiction may order a criminal justice
5885agency to seal the criminal history record of a minor or an
5886adult who complies with the requirements of this section. The
5887court shall not order a criminal justice agency to seal a
5888criminal history record until the person seeking to seal a
5889criminal history record has applied for and received a
5890certificate of eligibility for sealing pursuant to subsection
5891(2). A criminal history record that relates to a violation of s.
5892787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
5893825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
5894847.0145, s. 893.135, or a violation enumerated in s. 907.041
5895may not be sealed, without regard to whether adjudication was
5896withheld, if the defendant was found guilty of or pled guilty or
5897nolo contendere to the offense, or if the defendant, as a minor,
5898was found to have committed or pled guilty or nolo contendere to
5899committing the offense as a delinquent act. The court may only
5900order sealing of a criminal history record pertaining to one
5901arrest or one incident of alleged criminal activity, except as
5902provided in this section. The court may, at its sole discretion,
5903order the sealing of a criminal history record pertaining to
5904more than one arrest if the additional arrests directly relate
5905to the original arrest. If the court intends to order the
5906sealing of records pertaining to such additional arrests, such
5907intent must be specified in the order. A criminal justice agency
5908may not seal any record pertaining to such additional arrests if
5909the order to seal does not articulate the intention of the court
5910to seal records pertaining to more than one arrest. This section
5911does not prevent the court from ordering the sealing of only a
5912portion of a criminal history record pertaining to one arrest or
5913one incident of alleged criminal activity. Notwithstanding any
5914law to the contrary, a criminal justice agency may comply with
5915laws, court orders, and official requests of other jurisdictions
5916relating to sealing, correction, or confidential handling of
5917criminal history records or information derived therefrom. This
5918section does not confer any right to the sealing of any criminal
5919history record, and any request for sealing a criminal history
5920record may be denied at the sole discretion of the court.
5921     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
5922history record of a minor or an adult which is ordered sealed by
5923a court of competent jurisdiction pursuant to this section is
5924confidential and exempt from the provisions of s. 119.07(1) and
5925s. 24(a), Art. I of the State Constitution and is available only
5926to the person who is the subject of the record, to the subject's
5927attorney, to criminal justice agencies for their respective
5928criminal justice purposes, or to those entities set forth in
5929subparagraphs (a)1., 4., 5., and 6. for their respective
5930licensing and employment purposes.
5931     (a)  The subject of a criminal history record sealed under
5932this section or under other provisions of law, including former
5933s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
5934deny or fail to acknowledge the arrests covered by the sealed
5935record, except when the subject of the record:
5936     1.  Is a candidate for employment with a criminal justice
5937agency;
5938     2.  Is a defendant in a criminal prosecution;
5939     3.  Concurrently or subsequently petitions for relief under
5940this section or s. 943.0585;
5941     4.  Is a candidate for admission to The Florida Bar;
5942     5.  Is seeking to be employed or licensed by or to contract
5943with the Department of Children and Family Services or the
5944Department of Juvenile Justice or to be employed or used by such
5945contractor or licensee in a sensitive position having direct
5946contact with children, the developmentally disabled, the aged,
5947or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
5948394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
5949409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
5950400; or
5951     6.  Is seeking to be employed or licensed by the Office of
5952Teacher Education, Certification, Staff Development, and
5953Professional Practices of the Department of Education, any
5954district school board, or any local governmental entity which
5955licenses child care facilities.
5956     Section 100.  Subsections (3) and (4) of section 393.0641,
5957Florida Statutes, are amended to read:
5958     393.0641  Program for the prevention and treatment of
5959severe self-injurious behavior.--
5960     (3)  The agency department may contract for the provision
5961of any portion or all of the services required by the program.
5962     (4)  The agency has department shall have the authority to
5963license this program and shall adopt promulgate rules to
5964implement the program.
5965     Section 101.  Section 393.065, Florida Statutes, is amended
5966to read:
5967     393.065  Application and eligibility determination.--
5968     (1)  Application for services shall be made in writing to
5969the agency Department of Children and Family Services, in the
5970district in which the applicant resides. Employees of the
5971agency's department's developmental services program shall
5972review each applicant for eligibility within 45 days after the
5973date the application is signed for children under 6 years of age
5974and within 60 days after the date the application is signed for
5975all other applicants. When necessary to definitively identify
5976individual conditions or needs, the agency department shall
5977provide a comprehensive assessment. Only individuals whose
5978domicile is in Florida are shall be eligible for services.
5979Information accumulated by other agencies, including
5980professional reports and collateral data, shall be considered in
5981this process when available.
5982     (2)  In order to provide immediate services or crisis
5983intervention to applicants, the agency department shall arrange
5984for emergency eligibility determination, with a full eligibility
5985review to be accomplished within 45 days of the emergency
5986eligibility determination.
5987     (3)  The agency department shall notify each applicant, in
5988writing, of its eligibility decision. Any applicant determined
5989by the agency department to be ineligible for developmental
5990services has shall have the right to appeal this decision
5991pursuant to ss. 120.569 and 120.57.
5992     (4)  The agency department shall assess the level of need
5993and medical necessity for prospective residents of intermediate-
5994care facilities for the developmentally disabled after October
59951, 1999. The agency department may enter into an agreement with
5996the Department of Elderly Affairs for its Comprehensive
5997Assessment and Review for Long-Term-Care Services (CARES)
5998program to conduct assessments to determine the level of need
5999and medical necessity for long-term-care services under this
6000chapter. To the extent permissible under federal law, the
6001assessments must be funded under Title XIX of the Social
6002Security Act.
6003     Section 102.  Section 393.0651, Florida Statutes, is
6004amended to read:
6005     393.0651  Family or individual support plan.--The agency
6006department shall provide for an appropriate family support plan
6007for children ages birth to 18 years of age and an individual
6008support plan for each client. The parent or guardian of the
6009client or, if competent, the client, or, when appropriate, the
6010client advocate, shall be consulted in the development of the
6011plan and shall receive a copy of the plan. Each plan shall
6012include the most appropriate, least restrictive, and most cost-
6013beneficial environment for accomplishment of the objectives for
6014client progress and a specification of all services authorized.
6015The plan shall include provisions for the most appropriate level
6016of care for the client. Within the specification of needs and
6017services for each client, when residential care is necessary,
6018the agency department shall move toward placement of clients in
6019residential facilities based within the client's community. The
6020ultimate goal of each plan, whenever possible, shall be to
6021enable the client to live a dignified life in the least
6022restrictive setting, be that in the home or in the community.
6023For children under 6 years of age, the family support plan shall
6024be developed within the 45-day application period as specified
6025in s. 393.065(1); for all applicants 6 years of age or older,
6026the family or individual support plan shall be developed within
6027the 60-day period as specified in that subsection.
6028     (1)  The agency department shall develop and specify by
6029rule the core components of support plans to be used by each
6030district.
6031     (2)(a)  The family or individual support plan shall be
6032integrated with the individual education plan (IEP) for all
6033clients who are public school students entitled to a free
6034appropriate public education under the Individuals with
6035Disabilities Education Act, I.D.E.A., as amended. The family or
6036individual support plan and IEP shall be implemented to maximize
6037the attainment of educational and habilitation goals. If the IEP
6038for a student enrolled in a public school program indicates
6039placement in a public or private residential program is
6040necessary to provide special education and related services to a
6041client, the local education agency shall provide for the costs
6042of that service in accordance with the requirements of the
6043Individuals with Disabilities Education Act, I.D.E.A., as
6044amended. This shall not preclude local education agencies and
6045the agency department from sharing the residential service costs
6046of students who are clients and require residential placement.
6047Under no circumstances shall clients entitled to a public
6048education or their parents be assessed a fee by the agency
6049department under s. 402.33 for placement in a residential
6050program.
6051     (b)  For clients who are entering or exiting the school
6052system, an interdepartmental staffing team composed of
6053representatives of the agency department and the local school
6054system shall develop a written transitional living and training
6055plan with the participation of the client or with the parent or
6056guardian of the client, or the client advocate, as appropriate.
6057     (3)  Each family or individual support plan shall be
6058facilitated through case management designed solely to advance
6059the individual needs of the client.
6060     (4)  In the development of the family or individual support
6061plan, a client advocate may be appointed by the support planning
6062team for a client who is a minor or for a client who is not
6063capable of express and informed consent when:
6064     (a)  The parent or guardian cannot be identified;
6065     (b)  The whereabouts of the parent or guardian cannot be
6066discovered; or
6067     (c)  The state is the only legal representative of the
6068client.
6069
6070Such appointment shall not be construed to extend the powers of
6071the client advocate to include any of those powers delegated by
6072law to a legal guardian.
6073     (5)  The agency department shall place a client in the most
6074appropriate and least restrictive, and cost-beneficial,
6075residential facility according to his or her individual
6076habilitation plan. The parent or guardian of the client or, if
6077competent, the client, or, when appropriate, the client
6078advocate, and the administrator of the residential facility to
6079which placement is proposed shall be consulted in determining
6080the appropriate placement for the client. Considerations for
6081placement shall be made in the following order:
6082     (a)  Client's own home or the home of a family member or
6083direct service provider.
6084     (b)  Foster care facility.
6085     (c)  Group home facility.
6086     (d)  Intermediate care facility for the developmentally
6087disabled.
6088     (e)  Other facilities licensed by the agency department
6089which offer special programs for people with developmental
6090disabilities.
6091     (f)  Developmental services institution.
6092     (6)  In developing a client's annual family or individual
6093support plan, the individual or family with the assistance of
6094the support planning team shall identify measurable objectives
6095for client progress and shall specify a time period expected for
6096achievement of each objective.
6097     (7)  The individual, family, and support coordinator shall
6098review progress in achieving the objectives specified in each
6099client's family or individual support plan, and shall revise the
6100plan annually, following consultation with the client, if
6101competent, or with the parent or guardian of the client, or,
6102when appropriate, the client advocate. The agency department
6103shall annually report in writing to the client, if competent, or
6104to the parent or guardian of the client, or to the client
6105advocate, when appropriate, with respect to the client's
6106habilitative and medical progress.
6107     (8)  Any client, or any parent of a minor client, or
6108guardian, authorized guardian advocate, or client advocate for a
6109client, who is substantially affected by the client's initial
6110family or individual support plan, or the annual review thereof,
6111shall have the right to file a notice to challenge the decision
6112pursuant to ss. 120.569 and 120.57. Notice of such right to
6113appeal shall be included in all support plans provided by the
6114agency department.
6115     Section 103.  Section 393.0673, Florida Statutes, is
6116amended to read:
6117     393.0673  Denial, suspension, revocation of license;
6118moratorium on admissions; administrative fines; procedures.--
6119     (1)  The agency Department of Children and Family Services
6120may deny, revoke, or suspend a license or impose an
6121administrative fine, not to exceed $1,000 per violation per day,
6122for a violation of any provision of s. 393.0655 or s. 393.067 or
6123rules adopted pursuant thereto. All hearings shall be held
6124within the county in which the licensee or applicant operates or
6125applies for a license to operate a facility as defined herein.
6126     (2)  The agency department, as a part of any final order
6127issued by it under the provisions of this chapter, may impose
6128such fine as it deems proper, except that such fine may not
6129exceed $1,000 for each violation.  Each day a violation of this
6130chapter occurs constitutes a separate violation and is subject
6131to a separate fine, but in no event may the aggregate amount of
6132any fine exceed $10,000.  Fines paid by any facility licensee
6133under the provisions of this subsection shall be deposited in
6134the Resident Protection Trust Fund and expended as provided in
6135s. 400.063.
6136     (3)  The agency department may issue an order immediately
6137suspending or revoking a license when it determines that any
6138condition in the facility presents a danger to the health,
6139safety, or welfare of the residents in the facility.
6140     (4)  The agency department may impose an immediate
6141moratorium on admissions to any facility when the department
6142determines that any condition in the facility presents a threat
6143to the health, safety, or welfare of the residents in the
6144facility.
6145     Section 104.  Subsections (1) and (3) of section 393.0675,
6146Florida Statutes, are amended to read:
6147     393.0675  Injunctive proceedings authorized.--
6148     (1)  The agency Department of Children and Family Services
6149may institute injunctive proceedings in a court of competent
6150jurisdiction to:
6151     (a)  Enforce the provisions of this chapter or any minimum
6152standard, rule, regulation, or order issued or entered pursuant
6153thereto; or
6154     (b)  Terminate the operation of facilities licensed
6155pursuant to this chapter when any of the following conditions
6156exist:
6157     1.  Failure by the facility to take preventive or
6158corrective measures in accordance with any order of the agency
6159department.
6160     2.  Failure by the facility to abide by any final order of
6161the agency department once it has become effective and binding.
6162     3.  Any violation by the facility constituting an emergency
6163requiring immediate action as provided in s. 393.0673.
6164     (3)  The agency department may institute proceedings for an
6165injunction in a court of competent jurisdiction to terminate the
6166operation of a provider of supports or services if such provider
6167has willfully and knowingly refused to comply with the screening
6168requirement for direct service providers or has refused to
6169terminate direct service providers found not to be in compliance
6170with the requirements for good moral character.
6171     Section 105.  Subsection (1), paragraphs (b), (c), and (d)
6172of subsection (2), and paragraph(e) of subsection (3) of section
6173393.0678, Florida Statutes, are amended to read:
6174     393.0678  Receivership proceedings.--
6175     (1)  The agency department may petition a court of
6176competent jurisdiction for the appointment of a receiver for an
6177intermediate care facility for the developmentally disabled, a
6178residential habilitation center, or a group home facility owned
6179and operated by a corporation or partnership when any of the
6180following conditions exist:
6181     (a)  Any person is operating a facility without a license
6182and refuses to make application for a license as required by s.
6183393.067 or, in the case of an intermediate care facility for the
6184developmentally disabled, as required by ss. 393.067 and
6185400.062.
6186     (b)  The licensee is closing the facility or has informed
6187the department that it intends to close the facility; and
6188adequate arrangements have not been made for relocation of the
6189residents within 7 days, exclusive of weekends and holidays, of
6190the closing of the facility.
6191     (c)  The agency department determines that conditions exist
6192in the facility which present an imminent danger to the health,
6193safety, or welfare of the residents of the facility or which
6194present a substantial probability that death or serious physical
6195harm would result therefrom.  Whenever possible, the agency
6196department shall facilitate the continued operation of the
6197program.
6198     (d)  The licensee cannot meet its financial obligations to
6199provide food, shelter, care, and utilities. Evidence such as the
6200issuance of bad checks or the accumulation of delinquent bills
6201for such items as personnel salaries, food, drugs, or utilities
6202constitutes prima facie evidence that the ownership of the
6203facility lacks the financial ability to operate the home in
6204accordance with the requirements of this chapter and all rules
6205promulgated thereunder.
6206     (2)
6207     (b)  A hearing shall be conducted within 5 days of the
6208filing of the petition, at which time all interested parties
6209shall have the opportunity to present evidence pertaining to the
6210petition.  The agency department shall notify the owner or
6211operator of the facility named in the petition of its filing and
6212the date set for the hearing.
6213     (c)  The court shall grant the petition only upon finding
6214that the health, safety, or welfare of residents of the facility
6215would be threatened if a condition existing at the time the
6216petition was filed is permitted to continue.  A receiver may not
6217be appointed ex parte unless the court determines that one or
6218more of the conditions in subsection (1) exist; that the
6219facility owner or operator cannot be found; that all reasonable
6220means of locating the owner or operator and notifying him or her
6221of the petition and hearing have been exhausted; or that the
6222owner or operator after notification of the hearing chooses not
6223to attend. After such findings, the court may appoint any person
6224qualified by education, training, or experience to carry out the
6225responsibilities of receiver pursuant to this section, except
6226that the court may not appoint any owner or affiliate of the
6227facility which is in receivership.  Before the appointment as
6228receiver of a person who is the operator, manager, or supervisor
6229of another facility, the court shall determine that the person
6230can reasonably operate, manage, or supervise more than one
6231facility.  The receiver may be appointed for up to 90 days with
6232the option of petitioning the court for 30-day extensions.  The
6233receiver may be selected from a list of persons qualified to act
6234as receivers developed by the agency department and presented to
6235the court with each petition for receivership. Under no
6236circumstances may the agency department or designated agency
6237departmental employee be appointed as a receiver for more than
623860 days; however, the agency departmental receiver may petition
6239the court for 30-day extensions.  The court shall grant an
6240extension upon a showing of good cause.  The agency department
6241may petition the court to appoint a substitute receiver.
6242     (d)  During the first 60 days of the receivership, the
6243agency department may not take action to decertify or revoke the
6244license of a facility unless conditions causing imminent danger
6245to the health and welfare of the residents exist and a receiver
6246has been unable to remove those conditions.  After the first 60
6247days of receivership, and every 60 days thereafter until the
6248receivership is terminated, the agency department shall submit
6249to the court the results of an assessment of the ability of the
6250facility to assure the safety and care of the residents.  If the
6251conditions at the facility or the intentions of the owner
6252indicate that the purpose of the receivership is to close the
6253facility rather than to facilitate its continued operation, the
6254agency department shall place the residents in appropriate
6255alternate residential settings as quickly as possible.  If, in
6256the opinion of the court, the agency department has not been
6257diligent in its efforts to make adequate arrangements for
6258placement, the court shall find the agency department to be in
6259contempt and shall order the agency department to submit its
6260plans for moving the residents.
6261     (3)  The receiver shall make provisions for the continued
6262health, safety, and welfare of all residents of the facility
6263and:
6264     (e)  May use the building, fixtures, furnishings, and any
6265accompanying consumable goods in the provision of care and
6266services to residents and to any other persons receiving
6267services from the facility at the time the petition for
6268receivership was filed.  The receiver shall collect payments for
6269all goods and services provided to residents or others during
6270the period of the receivership at the same rate of payment
6271charged by the owner at the time the petition for receivership
6272was filed, or at a fair and reasonable rate otherwise approved
6273by the court for private, paying residents. The receiver may
6274apply to the agency department for a rate increase for residents
6275under Title XIX of the Social Security Act if the facility is
6276not receiving the state reimbursement cap and if expenditures
6277justify an increase in the rate.
6278     Section 106.  Section 393.071, Florida Statutes, is amended
6279to read:
6280     393.071  Client fees.--The agency Department of Children
6281and Family Services shall charge fees for services provided to
6282clients in accordance with s. 402.33.
6283     Section 107.  Subsection (2) of section 393.075, Florida
6284Statutes, is amended to read:
6285     393.075  General liability coverage.--
6286     (2)  The Division of Risk Management of the Department of
6287Financial Services shall provide coverage through the agency
6288Department of Children and Family Services to any person who
6289owns or operates a foster care facility or group home facility
6290solely for the agency Department of Children and Family
6291Services, who cares for children placed by developmental
6292services staff of the agency department, and who is licensed
6293pursuant to s. 393.067 to provide such supervision and care in
6294his or her place of residence. The coverage shall be provided
6295from the general liability account of the State Risk Management
6296Trust Fund.  The coverage is limited to general liability claims
6297arising from the provision of supervision and care of children
6298in a foster care facility or group home facility pursuant to an
6299agreement with the agency department and pursuant to guidelines
6300established through policy, rule, or statute. Coverage shall be
6301subject to the limits provided in ss. 284.38 and 284.385, and
6302the exclusions set forth therein, together with other exclusions
6303as may be set forth in the certificate of coverage issued by the
6304trust fund. A person covered under the general liability account
6305pursuant to this subsection shall immediately notify the
6306Division of Risk Management of the Department of Financial
6307Services of any potential or actual claim.
6308     Section 108.  Section 393.115, Florida Statutes, is amended
6309to read:
6310     393.115  Discharge.--
6311     (1)  DISCHARGE AT THE AGE OF MAJORITY.--
6312     (a)  When any residential client reaches his or her 18th
6313birthday, the agency department shall give the resident or legal
6314guardian the option to continue residential services or to be
6315discharged from residential services.
6316     (b)  If the resident appears to meet the criteria for
6317involuntary admission to residential services, as defined in s.
6318393.11, the agency department shall file a petition to determine
6319the appropriateness of continued residential placement on an
6320involuntary basis. The agency department shall file the petition
6321for involuntary admission in the county in which the client
6322resides. If the resident was originally involuntarily admitted
6323to residential services pursuant to s. 393.11, then the agency
6324department shall file the petition in the court having
6325continuing jurisdiction over the case.
6326     (c)  Nothing in this section shall in any way limit or
6327restrict the resident's right to a writ of habeas corpus or the
6328right of the agency department to transfer a resident receiving
6329residential care to a program of appropriate services provided
6330by the agency department when such program is the appropriate
6331habilitative setting for the resident.
6332     (2)  DISCHARGE AFTER CRIMINAL OR JUVENILE COMMITMENT.--Any
6333person with developmental disabilities committed to the custody
6334of the agency department pursuant to the provisions of the
6335applicable criminal or juvenile court law shall be discharged in
6336accordance with the requirements of the applicable criminal or
6337juvenile court law.
6338     Section 109.  Subsection (3) of section 393.12, Florida
6339Statutes, is amended to read:
6340     393.12  Capacity; appointment of guardian advocate.--
6341     (3)  COURT COSTS.--In all proceedings under this section,
6342no court costs shall be charged against the agency department.
6343     Section 110.  Section 393.125, Florida Statutes, is amended
6344to read:
6345     393.125  Hearing rights.--
6346     (1)  REVIEW OF AGENCY DEPARTMENT DECISIONS.--
6347     (a)  Any developmental services applicant or client, or his
6348or her parent, guardian, guardian advocate, or authorized
6349representative, who has any substantial interest determined by
6350the agency department, has shall have the right to request an
6351administrative hearing pursuant to ss. 120.569 and 120.57.
6352     (b)  Notice of the right to an administrative hearing shall
6353be given, both verbally and in writing, to the applicant or
6354client, and his or her parent, guardian, guardian advocate, or
6355authorized representative, at the same time that the agency
6356department gives the applicant or client notice of the agency's
6357department's action.  The notice shall be given, both verbally
6358and in writing, in the language of the client or applicant and
6359in English.
6360     (c)  A request for a hearing under this section shall be
6361made to the agency department, in writing, within 30 days of the
6362applicant's or client's receipt of the notice.
6363     (2)  REVIEW OF PROVIDER DECISIONS.--The agency department
6364shall adopt promulgate rules to establish uniform guidelines for
6365the agency department and service providers relevant to
6366termination, suspension, or reduction of client services by the
6367service provider.  The rules shall ensure the due process rights
6368of service providers and clients.
6369     Section 111.  Subsections (3), (4), (5), and (6) of section
6370393.15, Florida Statutes, are amended to read:
6371     393.15  Legislative intent; Community Resources Development
6372Trust Fund.--
6373     (3)  There is created a Community Resources Development
6374Trust Fund in the State Treasury to be used by the agency
6375Department of Children and Family Services for the purpose of
6376granting loans to eligible programs for the initial costs of
6377development of the programs.  Loans shall be made only to those
6378facilities which are in compliance with the zoning regulations
6379of the local community.  Costs of development may include
6380structural modification, the purchase of equipment and fire and
6381safety devices, preoperational staff training, and the purchase
6382of insurance.  Such costs shall not include the actual
6383construction of a facility.
6384     (4)  The agency department may grant to an eligible program
6385a lump-sum loan in one payment not to exceed the cost to the
6386program of providing 2 months' services, care, or maintenance to
6387each person who is developmentally disabled to be placed in the
6388program by the agency department, or the actual cost of
6389firesafety renovations to a facility required by the state,
6390whichever is greater.  Loans granted to programs shall not be in
6391lieu of payment for maintenance, services, or care provided, but
6392shall stand separate and distinct.  The agency department shall
6393adopt promulgate rules, as provided in chapter 120, to determine
6394the standards under which a program shall be eligible to receive
6395a loan as provided in this section and criteria for the
6396equitable allocation of loan trust funds when eligible
6397applications exceed the funds available.
6398     (5)  Any loan granted by the agency department under this
6399section shall be repaid by the program within 5 years.  A
6400program that which operates as a nonprofit corporation meeting
6401the requirements of s. 501(c)(3) of the Internal Revenue Code,
6402and that which seeks forgiveness of its loan shall submit to the
6403agency department a statement setting forth the service it has
6404provided during the year together with such other information as
6405the agency department by rule shall require, and, upon approval
6406of each such annual statement, the agency department shall
6407forgive 20 percent of the principal of any such loan granted
6408after June 30, 1975.
6409     (6)  If any program that which has received a loan under
6410this section ceases to accept, or provide care, services, or
6411maintenance to persons placed in the program by the department,
6412or if such program files shall file papers of bankruptcy, at
6413that point in time the loan shall become an interest-bearing
6414loan at the rate of 5 percent per annum on the entire amount of
6415the initial loan which shall be repaid within a 1-year period
6416from the date on which the program ceases to provide care,
6417services, or maintenance, or files papers in bankruptcy, and the
6418amount of the loan due plus interest shall constitute a lien in
6419favor of the state against all real and personal property of the
6420program.  The lien shall be perfected by the appropriate officer
6421of the agency department by executing and acknowledging a
6422statement of the name of the program and the amount due on the
6423loan and a copy of the promissory note, which shall be recorded
6424by the agency department with the clerk of the circuit court in
6425the county wherein the program is located.  If the program has
6426filed a petition for bankruptcy, the agency department shall
6427file and enforce the lien in the bankruptcy proceedings.  
6428Otherwise, the lien shall be enforced in the manner provided in
6429s. 85.011.  All funds received by the agency department from the
6430enforcement of the lien shall be deposited in the Community
6431Resources Development Trust Fund.
6432     Section 112.  Subsection (1) of section 393.501, Florida
6433Statutes, is amended to read:
6434     393.501  Rulemaking.--
6435     (1)  The agency department shall adopt rules to carry out
6436the provisions of this chapter.
6437     Section 113.  Section 393.503, Florida Statutes, is amended
6438to read:
6439     393.503  Respite and family care subsidy expenditures;
6440funding.--The agency Department of Children and Family Services
6441shall determine the amount of expenditures per fiscal year for
6442the respite and family care subsidy to families and individuals
6443with developmental disabilities living in their own homes.  This
6444information shall be made available to the family care councils
6445and to others requesting the information.  The family care
6446councils shall review the expenditures and make recommendations
6447to the agency department with respect to any new funds that are
6448made available for family care.
6449     Section 114.  Subsection (2) of section 393.506, Florida
6450Statutes, is amended to read:
6451     393.506  Administration of medication.--
6452     (2)  Each facility, institution, or program must include in
6453its policies and procedures a plan for training designated staff
6454to ensure the safe handling, storage, and administration of
6455prescription medication. These policies and procedures must be
6456approved by the agency department before unlicensed direct care
6457services staff assist with medication.
6458     Section 115.  (1)  In the Department of Children and Family
6459Services' Economic Self-Sufficiency Services program, the
6460department may provide its eligibility determination functions
6461either with department staff or through contract with at least
6462two private vendors, with the following restrictions:
6463     (a)  With the exception of information technology, no
6464contract shall be for a geographic area larger than a combined
6465seven districts or combined three zones without the prior
6466approval of the Legislative Budget Commission; and
6467     (b)  Department employees must provide the functions in at
6468least one area of the state if their proposed cost is
6469competitive with private vendors.
6470     (2)  This section shall take effect upon this act becoming
6471a law.
6472     Section 116.  Except as otherwise expressly provided in
6473this act, this act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.