HB 1823

1	A bill to be entitled
2	An act relating to developmental services and mental
3	health; creating ss. 393.135, 394.4593, and 916.1075,
4	F.S.; defining the terms "employee," "sexual activity,"
5	and "sexual misconduct"; providing that it is a second
6	degree felony for an employee to engage in sexual
7	misconduct with certain developmentally disabled clients,
8	certain mental health patients, or certain forensic
9	clients; providing certain exceptions; requiring certain
10	employees to report sexual misconduct to the central abuse
11	hotline of the Department of Children and Family Services
12	and to the appropriate local law enforcement agency;
13	providing for notification to the inspector general of the
14	Department of Children and Family Services; providing that
15	it is a first degree misdemeanor to knowingly and
16	willfully fail to make a report as required, or to prevent
17	another from doing so, or to submit inaccurate or
18	untruthful information; providing that it is a third
19	degree felony to coerce or threaten another person to
20	alter testimony or a report with respect to an incident of
21	sexual misconduct; providing criminal penalties; amending
22	s. 435.03, F.S.; expanding level 1 screening standards to
23	include criminal offenses related to sexual misconduct
24	with certain developmentally disabled clients, mental
25	health patients, or forensic clients and the reporting of
26	such sexual misconduct; amending s. 435.04, F.S.;
27	expanding level 2 screening standards to include the
28	offenses related to sexual misconduct with certain
29	developmentally disabled clients, mental health patients,
30	or forensic clients and the reporting of such sexual
31	misconduct; reenacting s. 393.067(6)(a), (b), (c), (d),
32	(f), and (g), F.S., relating to background screening and
33	licensure of personnel of intermediate care facilities for
34	the developmentally disabled, for the purpose of
35	incorporating the amendment to s. 435.04, F.S., in
36	references thereto; amending s. 394.4572, F.S.; requiring
37	the employment screening of mental health personnel to
38	include screening as provided under ch. 435, F.S.;
39	amending s. 943.0585, F.S., relating to court-ordered
40	expunction of criminal history records, for the purpose of
41	incorporating the amendment to s. 943.059, F.S., in a
42	reference thereto; providing that certain criminal history
43	records relating to sexual misconduct with developmentally
44	disabled clients, mental health patients, or forensic
45	clients, or the reporting of such sexual misconduct, shall
46	not be expunged; providing that the application for
47	eligibility for expunction certify that the criminal
48	history record does not relate to an offense involving
49	sexual misconduct with certain developmentally disabled
50	clients, mental health patients, or forensic clients, or
51	the reporting of such sexual misconduct; amending s.
52	943.059, F.S., relating to court-ordered sealing of
53	criminal history records, for the purpose of incorporating
54	the amendment to s. 943.0585, F.S., in a reference
55	thereto; providing that certain criminal history records
56	relating to sexual misconduct with developmentally
57	disabled clients, mental health patients, or forensic
58	clients, or the reporting of such sexual misconduct, shall
59	not be sealed; providing that the application for
60	eligibility for sealing certify that the criminal history
61	record does not relate to an offense involving sexual
62	misconduct with certain developmentally disabled clients,
63	mental health patients, or forensic clients, or the
64	reporting of such sexual misconduct; amending s. 400.215,
65	F.S., and reenacting paragraphs (b) and (c) of subsection
66	(2) and subsection (3), relating to background screening
67	requirements for certain nursing home personnel, for the
68	purpose of incorporating the amendments to ss. 435.03 and
69	435.04, F.S., in references thereto; correcting a cross
70	reference; amending s. 400.964, F.S., and reenacting
71	subsections (1), (2), and (7), relating to background
72	screening requirements for certain personnel employed by
73	intermediate care facilities for the developmentally
74	disabled, for the purpose of incorporating the amendments
75	to ss. 435.03 and 435.04, F.S., in references thereto;
76	correcting a cross reference; amending s. 435.045, F.S.,
77	and reenacting paragraph (a) of subsection (1), relating
78	to requirements for the placement of dependent children,
79	for the purpose of incorporating the amendment to s.
80	435.04, F.S., in a reference thereto; correcting a cross
81	reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
82	400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
83	400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
84	(f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
85	(3), 744.3135, and 985.04(2), F.S., relating to denial,
86	revocation, or suspension of license to operate an
87	assisted living facility; background screening
88	requirements for certain personnel employed by assisted
89	living facilities; registration of particular home health
90	care service providers; denial, suspension, or revocation
91	of license to operate adult day care centers; background
92	screening requirements for certain hospice personnel;
93	background screening requirements for registrants of the
94	health care service pools; the definition of "screening"
95	in connection with the licensure of family foster homes,
96	residential child-caring agencies, and child-placing
97	agencies; background screening requirements of Medicaid
98	providers; employment of persons in positions requiring
99	background screening; credit and criminal investigations
100	of guardians; oaths, records, and confidential information
101	pertaining to juvenile offenders, respectively, for the
102	purpose of incorporating the amendments to ss. 435.03 and
103	435.04, F.S., in references thereto; reenacting ss.
104	400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
105	435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
106	985.407(4), F.S., relating to background screening of home
107	health agency personnel, nurse registry personnel,
108	companions, and homemakers; application and renewal of
109	adult family-care home provider licenses; relating to
110	denial, revocation, or suspension of adult family-care
111	home provider license; background screening of home
112	medical equipment provider personnel, background screening
113	requirements for certain persons responsible for managed
114	care plans; exemptions from disqualification from
115	employment; denial of nursing license and disciplinary
116	actions against such licensees; disqualification of
117	guardians; removal of guardians; background screening
118	requirements for certain Department of Juvenile Justice
119	personnel, respectively, for the purpose of incorporating
120	the amendment to s. 435.03, F.S., in references thereto;
121	reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
122	(c), 112.0455(12)(a), 381.0059(1), (2), and (4),
123	381.60225(1)(a), (b), (c), (d), (f), and (g),
124	383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
125	(b), (c), (d), (f), and (g), 394.875(13)(a), (b), (c),
126	(d), (f), and (g), 395.0055(1), (2), (3), (4), (6), and
127	(8), 395.0199(4)(a), (b), (c), (d), (f), and (g),
128	397.451(1)(a), 400.071(4)(a), (b), (c), (d), and (f),
129	400.471(4)(a), (b), (c), (d), (f), and (g), 400.506(2)(a),
130	(b), (c), (d), (f), and (g), 400.5572, 400.607(3)(a),
131	400.801(4)(a), (b), (c), (d), (f), and (g), 400.805(3)(a),
132	(b), (c), (d), (f), and (g), 400.906(5)(a), (b), (c), (d),
133	(f), and (g), 400.931(5)(a), (b), (c), (e), and (f),
134	400.962(10)(a), (b), (c), (d), and (f), 400.991(7)(b) and
135	(d), 402.302(2)(e), 402.305(2)(a), 402.3054(3),
136	483.30(2)(a), (b), (c), (d), (f), and (g), 483.101(2)(a),
137	(b), (c), (d), (f), and (g), 744.1085(5), 984.01(2)(b),
138	985.01(2)(b), 1002.36(7)(a) and (b), F.S., relating to
139	background screening requirements for certain Department
140	of Children and Family Services personnel; qualifications
141	of guardians ad litem; security checks of certain public
142	officers and employees; background screening requirements
143	of certain laboratory personnel in connection with the
144	Drug-Free Workplace Act; background screening requirements
145	for school health services personnel; background screening
146	of certain personnel of the public health system;
147	background screening and licensure of birth center
148	personnel; background screening and licensure of abortion
149	clinic personnel; background screening of mental health
150	personnel; background screening and licensure of personnel
151	of crisis stabilization units, residential treatment
152	facilities, and residential treatment centers for children
153	and adolescents; background screening and licensure of
154	personnel of hospitals, ambulatory surgical centers, and
155	mobile surgical facilities; background screening of
156	certain personnel in connection with registration for
157	private utilization reviews; background screening of
158	certain service provider personnel; background screening
159	and licensure of certain long-term care facility
160	personnel; background screening and licensure of certain
161	home health agency personnel; background screening and
162	licensure of nurse registry applicants; background
163	screening of certain adult day care center personnel;
164	denial or revocation of hospice license; background
165	screening and licensure of certain transitional living
166	facility personnel; background screening and licensure of
167	certain prescribed pediatric extended care center
168	personnel; background screening and licensure of certain
169	home medical equipment provider personnel; background
170	screening and licensure of certain personnel of
171	intermediate care facilities for the developmentally
172	disabled; background screening and licensure of health
173	care clinic personnel; the definition of "child care
174	facility" in connection with background screening of
175	operators; background screening requirements for personnel
176	of child care facilities; background screening
177	requirements for child enrichment service providers;
178	background screening and licensure of certain personnel of
179	multiphasic health testing centers; background screening
180	and licensure of certain clinical laboratory personnel;
181	regulation of professional guardians; background screening
182	of certain Department of Juvenile Justice and Department
183	of Children and Family Services personnel in connection
184	with programs for children and families in need of
185	services; background screening of certain Department of
186	Juvenile Justice and Department of Children and Family
187	Services personnel in connection with juvenile justice
188	programs, background screening of personnel of the Florida
189	School for the Deaf and the Blind, respectively, for the
190	purposes of incorporating the amendment to s. 435.04,
191	F.S., in references thereto; reenacting s. 943.0582(2)(a)
192	and (6), F.S., relating to prearrest, postarrest, or teen
193	court diversion program expunction for the purpose of
194	incorporating the amendments to ss. 943.0585 and 943.059,
195	F.S., in references thereto; reenacting s. 943.053(7),
196	(8), and (9), F.S., relating to dissemination of criminal
197	justice information, for the purpose of incorporating the
198	amendment to s. 943.059, F.S., in references thereto;
199	providing applicability; amending s. 20.19, F.S.; removing
200	the developmental disabilities program from the Department
201	of Children and Family Services; creating s. 20.197, F.S.;
202	establishing the Agency for Persons with Disabilities for
203	the purpose of providing services to persons with
204	developmental disabilities, including institutional
205	services; directing the agency to execute interagency
206	agreements with the Agency for Health Care Administration
207	for the financial management of the Medicaid waivers and
208	the Department of Children and Family Services for
209	administrative support; amending s. 393.063, F.S.;
210	updating definitions and deleting obsolete definitions;
211	amending s. 393.064, F.S.; deleting requirements that the
212	agency's legislative budget request include funding for
213	prevention; amending s. 393.0655, F.S.; requiring Level 2
214	screening for specified persons and service providers;
215	providing a limitation on the screening requirement in
216	certain circumstances involving children between 12 and 18
217	years of age; amending s. 393.066, F.S.; removing
218	requirement that services be administered and approved by
219	the districts; modifying a requirement to provide certain
220	services; deleting a requirement for a 5-year plan
221	relating to community-based services; adding a requirement
222	to assist clients in gaining employment; repealing
223	obsolete requirement authorizing the state to lease or
224	construct residential facilities; deleting authorization
225	to adopt rules ensuring compliance with federal rules;
226	amending s. 393.0661, F.S.; authorizing the Agency for
227	Disabled Persons to enter into certain contracts;
228	providing for reimbursement to certain providers of
229	services to the developmentally disabled pursuant a
230	methodology; requiring the Agency for Health Care
231	administration, in consultation with the Agency for
232	Disabled Persons, to adopt rules related to such
233	methodology; authorizing the Agency for Health Care
234	Administration to adopt emergency rules in certain
235	circumstances; limiting the applicability of such
236	emergency rules; authorizing the Agency for Health Care
237	Administration, in consultation with the Agency for
238	Disabled Persons, to make certain adjustments necessary to
239	comply with the availability of appropriations; deleting
240	an obsolete provision; modifying provisions relating to an
241	assessment instrument; adding requirements for adoption of
242	rate methodologies; amending s. 393.068, F.S.; making
243	service provision subject to available resources; updating
244	list of services to be provided; deleting provision
245	referring to 5-year plans; amending s. 393.0695, F.S.;
246	requiring in-home subsidy amounts to be reassessed
247	annually; amending s. 393.11, F.S.; deleting provisions
248	referring to districts, department programs, and the
249	nonexistent Department of Labor and Employment Security;
250	amending s. 393.13, F.S.; deleting obsolete provisions;
251	adding legislative intent relating to reducing the use of
252	sheltered workshops; amending s. 393.17, F.S.; authorizing
253	the agency to contract for the certification of behavioral
254	analysts; deleting provisions relating to a certification
255	program and provisions allowing fees; amending s. 393.22,
256	F.S.; deleting prohibition preventing transfer of funds
257	and ensuring financial commitment for specified
258	developmental conditions; amending s. 393.502, F.S.;
259	removing reference to districts; deleting a provision
260	permitting appointment of family care council members if
261	the Governor does not act; amending ss. 408.301 and
262	408.302, F.S.; amending legislative intent to add the
263	Agency for Persons with Disabilities and the Department of
264	Elderly Affairs as agencies that the Agency for Health
265	Care Administration must enter into interagency agreement
266	with regarding persons with special needs; amending s.
267	409.906, F.S.; clarifying powers of the Agency for Health
268	Care Administration with respect to limiting coverage for
269	certain services; repealing s. 393.14, F.S.; requiring a
270	multiyear plan; repealing s. 393.165, F.S., relating to
271	ICF/DDs; repealing s. 393.166, F.S., relating to homes for
272	special services; repealing s. 393.505, F.S., relating to
273	comprehensive day treatment service projects; transferring
274	programs and institutions relating to developmental
275	disabilities from the Department of Children and Family
276	Services to the Agency for Persons with Disabilities;
277	providing duties of those agencies as well as the
278	Department of Management Services; providing for
279	substitution of parties in administrative and judicial
280	proceedings; providing duties of the Office of Program
281	Policy Analysis and Government Accountability; providing
282	for a report; amending ss. 92.53, 397.405, 400.464,
283	419.001, 914.16, 914.17, 918.16, 943.0585, and 943.059,
284	F.S.; conforming cross references; amending ss. 393.0641,
285	393.065, 393.0651, 393.067, 393.0673, 393.0675, 393.0678,
286	393.071, 393.075, 393.115, 393.12, 393.125, 393.15,
287	393.501, 393.503, and 393.506, F.S.; conforming to the
288	changes made by the act; providing applicability;
289	providing for contracts for eligibility determination
290	functions; providing for review of eligibility contracts
291	by the Legislative Budget Commission in certain instances;
292	providing effective dates.
293
294	Be It Enacted by the Legislature of the State of Florida:
295
296	Section 1.  Section 393.135, Florida Statutes, is created
297	to read:
298	393.135  Sexual misconduct prohibited; reporting required;
299	penalties.--
300	(1)  As used in this section, the term:
301	(a)  "Employee" includes any paid staff member, volunteer,
302	or intern of the agency or the department; any person under
303	contract with the agency or the department; and any person
304	providing care or support to a client on behalf of the
305	department or its providers.
306	(b)  "Sexual activity" means:
307	1.  Fondling the genital area, groin, inner thighs,
308	buttocks, or breasts of a person.
309	2.  The oral, anal, or vaginal penetration by or union with
310	the sexual organ of another or the anal or vaginal penetration
311	of another by any other object.
312	3.  Intentionally touching in a lewd or lascivious manner
313	the breasts, genitals, the genital area, or buttocks, or the
314	clothing covering them, of a person, or forcing or enticing a
315	person to touch the perpetrator.
316	4.  Intentionally masturbating in the presence of another
317	person.
318	5.  Intentionally exposing the genitals in a lewd or
319	lascivious manner in the presence of another person.
320	6.  Intentionally committing any other sexual act that does
321	not involve actual physical or sexual contact with the victim,
322	including, but not limited to, sadomasochistic abuse, sexual
323	bestiality, or the simulation of any act involving sexual
324	activity in the presence of a victim.
325	(c)  "Sexual misconduct" means any sexual activity between
326	an employee and a client, regardless of the consent of the
327	client. The term does not include an act done for a bona fide
328	medical purpose or an internal search conducted in the lawful
329	performance of duty by an employee.
330	(2)  An employee who engages in sexual misconduct with an
331	individual with a developmental disability who:
332	(a)  Is in the custody of the department;
333	(b)  Resides in a residential facility, including any
334	comprehensive transitional education program, developmental
335	services institution, foster care facility, group home facility,
336	intermediate care facility for the developmentally disabled, or
337	residential habilitation center; or
338	(c)  Receives services from a family care program
339
340	commits a felony of the second degree, punishable as provided in
341	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
342	guilty of violating this subsection without having committed the
343	crime of sexual battery.
344	(3)  The consent of the client to sexual activity is not a
345	defense to prosecution under this section.
346	(4)  This section does not apply to an employee who:
347	(a)  Is legally married to the client; or
348	(b)  Has no reason to believe that the person with whom the
349	employee engaged in sexual misconduct is a client receiving
350	services as described in subsection (2).
351	(5)  An employee who witnesses sexual misconduct, or who
352	otherwise knows or has reasonable cause to suspect that a person
353	has engaged in sexual misconduct, shall immediately report the
354	incident to the department's central abuse hotline and to the
355	appropriate local law enforcement agency. Such employee shall
356	also prepare, date, and sign an independent report that
357	specifically describes the nature of the sexual misconduct, the
358	location and time of the incident, and the persons involved. The
359	employee shall deliver the report to the supervisor or program
360	director, who is responsible for providing copies to the
361	department's inspector general. The inspector general shall
362	immediately conduct an appropriate administrative investigation,
363	and, if there is probable cause to believe that sexual
364	misconduct has occurred, the inspector general shall notify the
365	state attorney in the circuit in which the incident occurred.
366	(6)(a)  Any person who is required to make a report under
367	this section and who knowingly or willfully fails to do so, or
368	who knowingly or willfully prevents another person from doing
369	so, commits a misdemeanor of the first degree, punishable as
370	provided in s. 775.082 or s. 775.083.
371	(b)  Any person who knowingly or willfully submits
372	inaccurate, incomplete, or untruthful information with respect
373	to a report required under this section commits a misdemeanor of
374	the first degree, punishable as provided in s. 775.082 or s.
375	775.083.
376	(c)  Any person who knowingly or willfully coerces or
377	threatens any other person with the intent to alter testimony or
378	a written report regarding an incident of sexual misconduct
379	commits a felony of the third degree, punishable as provided in
380	s. 775.082, s. 775.083, or s. 775.084.
381	(7)  The provisions and penalties set forth in this section
382	are in addition to any other civil, administrative, or criminal
383	action provided by law which may be applied against an employee.
384	Section 2.  Section 394.4593, Florida Statutes, is created
385	to read:
386	394.4593  Sexual misconduct prohibited; reporting required;
387	penalties.--
388	(1)  As used in this section, the term:
389	(a)  "Employee" includes any paid staff member, volunteer,
390	or intern of the department; any person under contract with the
391	department; and any person providing care or support to a client
392	on behalf of the department or its providers.
393	(b)  "Sexual activity" means:
394	1.  Fondling the genital area, groin, inner thighs,
395	buttocks, or breasts of a person.
396	2.  The oral, anal, or vaginal penetration by or union with
397	the sexual organ of another or the anal or vaginal penetration
398	of another by any other object.
399	3.  Intentionally touching in a lewd or lascivious manner
400	the breasts, genitals, the genital area, or buttocks, or the
401	clothing covering them, of a person, or forcing or enticing a
402	person to touch the perpetrator.
403	4.  Intentionally masturbating in the presence of another
404	person.
405	5.  Intentionally exposing the genitals in a lewd or
406	lascivious manner in the presence of another person.
407	6.  Intentionally committing any other sexual act that does
408	not involve actual physical or sexual contact with the victim,
409	including, but not limited to, sadomasochistic abuse, sexual
410	bestiality, or the simulation of any act involving sexual
411	activity in the presence of a victim.
412	(c)  "Sexual misconduct" means any sexual activity between
413	an employee and a patient, regardless of the consent of the
414	patient. The term does not include an act done for a bona fide
415	medical purpose or an internal search conducted in the lawful
416	performance of duty by an employee.
417	(2)  An employee who engages in sexual misconduct with a
418	patient who:
419	(a)  Is in the custody of the department; or
420	(b)  Resides in a receiving facility or a treatment
421	facility, as those terms are defined in s. 394.455,
422
423	commits a felony of the second degree, punishable as provided in
424	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
425	guilty of violating this subsection without having committed the
426	crime of sexual battery.
427	(3)  The consent of the patient to sexual activity is not a
428	defense to prosecution under this section.
429	(4)  This section does not apply to an employee who:
430	(a)  Is legally married to the patient; or
431	(b)  Has no reason to believe that the person with whom the
432	employee engaged in sexual misconduct is a patient receiving
433	services as described in subsection (2).
434	(5)  An employee who witnesses sexual misconduct, or who
435	otherwise knows or has reasonable cause to suspect that a person
436	has engaged in sexual misconduct, shall immediately report the
437	incident to the department's central abuse hotline and to the
438	appropriate local law enforcement agency. Such employee shall
439	also prepare, date, and sign an independent report that
440	specifically describes the nature of the sexual misconduct, the
441	location and time of the incident, and the persons involved. The
442	employee shall deliver the report to the supervisor or program
443	director, who is responsible for providing copies to the
444	department's inspector general. The inspector general shall
445	immediately conduct an appropriate administrative investigation,
446	and, if there is probable cause to believe that sexual
447	misconduct has occurred, the inspector general shall notify the
448	state attorney in the circuit in which the incident occurred.
449	(6)(a)  Any person who is required to make a report under
450	this section and who knowingly or willfully fails to do so, or
451	who knowingly or willfully prevents another person from doing
452	so, commits a misdemeanor of the first degree, punishable as
453	provided in s. 775.082 or s. 775.083.
454	(b)  Any person who knowingly or willfully submits
455	inaccurate, incomplete, or untruthful information with respect
456	to a report required under this section commits a misdemeanor of
457	the first degree, punishable as provided in s. 775.082 or s.
458	775.083.
459	(c)  Any person who knowingly or willfully coerces or
460	threatens any other person with the intent to alter testimony or
461	a written report regarding an incident of sexual misconduct
462	commits a felony of the third degree, punishable as provided in
463	s. 775.082, s. 775.083, or s. 775.084.
464	(7)  The provisions and penalties set forth in this section
465	are in addition to any other civil, administrative, or criminal
466	action provided by law which may be applied against an employee.
467	Section 3.  Section 916.1075, Florida Statutes, is created
468	to read:
469	916.1075  Sexual misconduct prohibited; reporting required;
470	penalties.--
471	(1)  As used in this section, the term:
472	(a)  "Employee" includes any paid staff member, volunteer,
473	or intern of the department; any person under contract with the
474	department; and any person providing care or support to a client
475	on behalf of the department or its providers.
476	(b)  "Sexual activity" means:
477	1.  Fondling the genital area, groin, inner thighs,
478	buttocks, or breasts of a person.
479	2.  The oral, anal, or vaginal penetration by or union with
480	the sexual organ of another or the anal or vaginal penetration
481	of another by any other object.
482	3.  Intentionally touching in a lewd or lascivious manner
483	the breasts, genitals, the genital area, or buttocks, or the
484	clothing covering them, of a person, or forcing or enticing a
485	person to touch the perpetrator.
486	4.  Intentionally masturbating in the presence of another
487	person.
488	5.  Intentionally exposing the genitals in a lewd or
489	lascivious manner in the presence of another person.
490	6.  Intentionally committing any other sexual act that does
491	not involve actual physical or sexual contact with the victim,
492	including, but not limited to, sadomasochistic abuse, sexual
493	bestiality, or the simulation of any act involving sexual
494	activity in the presence of a victim.
495	(c)  "Sexual misconduct" means any sexual activity between
496	an employee and a client, regardless of the consent of the
497	client. The term does not include an act done for a bona fide
498	medical purpose or an internal search conducted in the lawful
499	performance of duty by an employee.
500	(2)  An employee who engages in sexual misconduct with a
501	client who resides in a civil or forensic facility commits a
502	felony of the second degree, punishable as provided in s.
503	775.082, s. 775.083, or s. 775.084. An employee may be found
504	guilty of violating this subsection without having committed the
505	crime of sexual battery.
506	(3)  The consent of the client to sexual activity is not a
507	defense to prosecution under this section.
508	(4)  This section does not apply to an employee who:
509	(a)  Is legally married to the client; or
510	(b)  Has no reason to believe that the person with whom the
511	employee engaged in sexual misconduct is a client receiving
512	services as described in subsection (2).
513	(5)  An employee who witnesses sexual misconduct, or who
514	otherwise knows or has reasonable cause to suspect that a person
515	has engaged in sexual misconduct, shall immediately report the
516	incident to the department's central abuse hotline and to the
517	appropriate local law enforcement agency. Such employee shall
518	also prepare, date, and sign an independent report that
519	specifically describes the nature of the sexual misconduct, the
520	location and time of the incident, and the persons involved. The
521	employee shall deliver the report to the supervisor or program
522	director, who is responsible for providing copies to the
523	department's inspector general. The inspector general shall
524	immediately conduct an appropriate administrative investigation,
525	and, if there is probable cause to believe that sexual
526	misconduct has occurred, the inspector general shall notify the
527	state attorney in the circuit in which the incident occurred.
528	(6)(a)  Any person who is required to make a report under
529	this section and who knowingly or willfully fails to do so, or
530	who knowingly or willfully prevents another person from doing
531	so, commits a misdemeanor of the first degree, punishable as
532	provided in s. 775.082 or s. 775.083.
533	(b)  Any person who knowingly or willfully submits
534	inaccurate, incomplete, or untruthful information with respect
535	to a report required under this section commits a misdemeanor of
536	the first degree, punishable as provided in s. 775.082 or s.
537	775.083.
538	(c)  Any person who knowingly or willfully coerces or
539	threatens any other person with the intent to alter testimony or
540	a written report regarding an incident of sexual misconduct
541	commits a felony of the third degree, punishable as provided in
542	s. 775.082, s. 775.083, or s. 775.084.
543	(7)  The provisions and penalties set forth in this section
544	are in addition to any other civil, administrative, or criminal
545	action provided by law which may be applied against an employee.
546	Section 4.  Subsection (2) of section 435.03, Florida
547	Statutes, is amended to read:
548	435.03  Level 1 screening standards.--
549	(2)  Any person for whom employment screening is required
550	by statute must not have been found guilty of, regardless of
551	adjudication, or entered a plea of nolo contendere or guilty to,
552	any offense prohibited under any of the following provisions of
553	the Florida Statutes or under any similar statute of another
554	jurisdiction:
555	(a)  Section 393.135, relating to sexual misconduct with
556	certain developmentally disabled clients and reporting of such
557	sexual misconduct.
558	(b)  Section 394.4593, relating to sexual misconduct with
559	certain mental health patients and reporting of such sexual
560	misconduct.
561	(c)(a)  Section 415.111, relating to abuse, neglect, or
562	exploitation of a vulnerable adult.
563	(d)(b)  Section 782.04, relating to murder.
564	(e)(c)  Section 782.07, relating to manslaughter,
565	aggravated manslaughter of an elderly person or disabled adult,
566	or aggravated manslaughter of a child.
567	(f)(d)  Section 782.071, relating to vehicular homicide.
568	(g)(e)  Section 782.09, relating to killing of an unborn
569	child by injury to the mother.
570	(h)(f)  Section 784.011, relating to assault, if the victim
571	of the offense was a minor.
572	(i)(g)  Section 784.021, relating to aggravated assault.
573	(j)(h)  Section 784.03, relating to battery, if the victim
574	of the offense was a minor.
575	(k)(i)  Section 784.045, relating to aggravated battery.
576	(l)(j)  Section 787.01, relating to kidnapping.
577	(m)(k)  Section 787.02, relating to false imprisonment.
578	(n)(l)  Section 794.011, relating to sexual battery.
579	(o)(m)  Former s. 794.041, relating to prohibited acts of
580	persons in familial or custodial authority.
581	(p)(n)  Chapter 796, relating to prostitution.
582	(q)(o)  Section 798.02, relating to lewd and lascivious
583	behavior.
584	(r)(p)  Chapter 800, relating to lewdness and indecent
585	exposure.
586	(s)(q)  Section 806.01, relating to arson.
587	(t)(r)  Chapter 812, relating to theft, robbery, and
588	related crimes, if the offense was a felony.
589	(u)(s)  Section 817.563, relating to fraudulent sale of
590	controlled substances, only if the offense was a felony.
591	(v)(t)  Section 825.102, relating to abuse, aggravated
592	abuse, or neglect of an elderly person or disabled adult.
593	(w)(u)  Section 825.1025, relating to lewd or lascivious
594	offenses committed upon or in the presence of an elderly person
595	or disabled adult.
596	(x)(v)  Section 825.103, relating to exploitation of an
597	elderly person or disabled adult, if the offense was a felony.
598	(y)(w)  Section 826.04, relating to incest.
599	(z)(x)  Section 827.03, relating to child abuse, aggravated
600	child abuse, or neglect of a child.
601	(aa)(y)  Section 827.04, relating to contributing to the
602	delinquency or dependency of a child.
603	(bb)(z)  Former s. 827.05, relating to negligent treatment
604	of children.
605	(cc)(aa)  Section 827.071, relating to sexual performance
606	by a child.
607	(dd)(bb)  Chapter 847, relating to obscene literature.
608	(ee)(cc)  Chapter 893, relating to drug abuse prevention
609	and control, only if the offense was a felony or if any other
610	person involved in the offense was a minor.
611	(ff)  Section 916.0175, relating to sexual misconduct with
612	certain forensic clients and reporting of such sexual
613	misconduct.
614	Section 5.  Subsection (2) of section 435.04, Florida
615	Statutes, is amended to read:
616	435.04  Level 2 screening standards.--
617	(2)  The security background investigations under this
618	section must ensure that no persons subject to the provisions of
619	this section have been found guilty of, regardless of
620	adjudication, or entered a plea of nolo contendere or guilty to,
621	any offense prohibited under any of the following provisions of
622	the Florida Statutes or under any similar statute of another
623	jurisdiction:
624	(a)  Section 393.135, relating to sexual misconduct with
625	certain developmentally disabled clients and reporting of such
626	sexual misconduct.
627	(b)  Section 394.4593, relating to sexual misconduct with
628	certain mental health patients and reporting of such sexual
629	misconduct.
630	(c)(a)  Section 415.111, relating to adult abuse, neglect,
631	or exploitation of aged persons or disabled adults.
632	(d)(b)  Section 782.04, relating to murder.
633	(e)(c)  Section 782.07, relating to manslaughter,
634	aggravated manslaughter of an elderly person or disabled adult,
635	or aggravated manslaughter of a child.
636	(f)(d)  Section 782.071, relating to vehicular homicide.
637	(g)(e)  Section 782.09, relating to killing of an unborn
638	child by injury to the mother.
639	(h)(f)  Section 784.011, relating to assault, if the victim
640	of the offense was a minor.
641	(i)(g)  Section 784.021, relating to aggravated assault.
642	(j)(h)  Section 784.03, relating to battery, if the victim
643	of the offense was a minor.
644	(k)(i)  Section 784.045, relating to aggravated battery.
645	(l)(j)  Section 784.075, relating to battery on a detention
646	or commitment facility staff.
647	(m)(k)  Section 787.01, relating to kidnapping.
648	(n)(l)  Section 787.02, relating to false imprisonment.
649	(o)(m)  Section 787.04(2), relating to taking, enticing, or
650	removing a child beyond the state limits with criminal intent
651	pending custody proceedings.
652	(p)(n)  Section 787.04(3), relating to carrying a child
653	beyond the state lines with criminal intent to avoid producing a
654	child at a custody hearing or delivering the child to the
655	designated person.
656	(q)(o)  Section 790.115(1), relating to exhibiting firearms
657	or weapons within 1,000 feet of a school.
658	(r)(p)  Section 790.115(2)(b), relating to possessing an
659	electric weapon or device, destructive device, or other weapon
660	on school property.
661	(s)(q)  Section 794.011, relating to sexual battery.
662	(t)(r)  Former s. 794.041, relating to prohibited acts of
663	persons in familial or custodial authority.
664	(u)(s)  Chapter 796, relating to prostitution.
665	(v)(t)  Section 798.02, relating to lewd and lascivious
666	behavior.
667	(w)(u)  Chapter 800, relating to lewdness and indecent
668	exposure.
669	(x)(v)  Section 806.01, relating to arson.
670	(y)(w)  Chapter 812, relating to theft, robbery, and
671	related crimes, if the offense is a felony.
672	(z)(x)  Section 817.563, relating to fraudulent sale of
673	controlled substances, only if the offense was a felony.
674	(aa)(y)  Section 825.102, relating to abuse, aggravated
675	abuse, or neglect of an elderly person or disabled adult.
676	(bb)(z)  Section 825.1025, relating to lewd or lascivious
677	offenses committed upon or in the presence of an elderly person
678	or disabled adult.
679	(cc)(aa)  Section 825.103, relating to exploitation of an
680	elderly person or disabled adult, if the offense was a felony.
681	(dd)(bb)  Section 826.04, relating to incest.
682	(ee)(cc)  Section 827.03, relating to child abuse,
683	aggravated child abuse, or neglect of a child.
684	(ff)(dd)  Section 827.04, relating to contributing to the
685	delinquency or dependency of a child.
686	(gg)(ee)  Former s. 827.05, relating to negligent treatment
687	of children.
688	(hh)(ff)  Section 827.071, relating to sexual performance
689	by a child.
690	(ii)(gg)  Section 843.01, relating to resisting arrest with
691	violence.
692	(jj)(hh)  Section 843.025, relating to depriving a law
693	enforcement, correctional, or correctional probation officer
694	means of protection or communication.
695	(kk)(ii)  Section 843.12, relating to aiding in an escape.
696	(ll)(jj)  Section 843.13, relating to aiding in the escape
697	of juvenile inmates in correctional institutions.
698	(mm)(kk)  Chapter 847, relating to obscene literature.
699	(nn)(ll)  Section 874.05(1), relating to encouraging or
700	recruiting another to join a criminal gang.
701	(oo)(mm)  Chapter 893, relating to drug abuse prevention
702	and control, only if the offense was a felony or if any other
703	person involved in the offense was a minor.
704	(pp)  Section 916.0175, relating to sexual misconduct with
705	certain forensic clients and reporting of such sexual
706	misconduct.
707	(qq)(nn)  Section 944.35(3), relating to inflicting cruel
708	or inhuman treatment on an inmate resulting in great bodily
709	harm.
710	(rr)(oo)  Section 944.46, relating to harboring,
711	concealing, or aiding an escaped prisoner.
712	(ss)(pp)  Section 944.47, relating to introduction of
713	contraband into a correctional facility.
714	(tt)(qq)  Section 985.4045, relating to sexual misconduct
715	in juvenile justice programs.
716	(uu)(rr)  Section 985.4046, relating to contraband
717	introduced into detention facilities.
718	Section 6.  For the purpose of incorporating the amendment
719	to section 435.04, Florida Statutes, in references thereto,
720	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (6) of
721	section 393.067, Florida Statutes, are reenacted to read:
722	393.067  Licensure of residential facilities and
723	comprehensive transitional education programs.--
724	(6)  Each applicant for licensure as an intermediate care
725	facility for the developmentally disabled must comply with the
726	following requirements:
727	(a)  Upon receipt of a completed, signed, and dated
728	application, the agency shall require background screening, in
729	accordance with the level 2 standards for screening set forth in
730	chapter 435, of the managing employee, or other similarly titled
731	individual who is responsible for the daily operation of the
732	facility, and of the financial officer, or other similarly
733	titled individual who is responsible for the financial operation
734	of the center, including billings for resident care and
735	services. The applicant must comply with the procedures for
736	level 2 background screening as set forth in chapter 435, as
737	well as the requirements of s. 435.03(3).
738	(b)  The agency may require background screening of any
739	other individual who is an applicant if the agency has probable
740	cause to believe that he or she has been convicted of a crime or
741	has committed any other offense prohibited under the level 2
742	standards for screening set forth in chapter 435.
743	(c)  Proof of compliance with the level 2 background
744	screening requirements of chapter 435 which has been submitted
745	within the previous 5 years in compliance with any other health
746	care licensure requirements of this state is acceptable in
747	fulfillment of the requirements of paragraph (a).
748	(d)  A provisional license may be granted to an applicant
749	when each individual required by this section to undergo
750	background screening has met the standards for the Department of
751	Law Enforcement background check, but the agency has not yet
752	received background screening results from the Federal Bureau of
753	Investigation, or a request for a disqualification exemption has
754	been submitted to the agency as set forth in chapter 435, but a
755	response has not yet been issued. A standard license may be
756	granted to the applicant upon the agency's receipt of a report
757	of the results of the Federal Bureau of Investigation background
758	screening for each individual required by this section to
759	undergo background screening which confirms that all standards
760	have been met, or upon the granting of a disqualification
761	exemption by the agency as set forth in chapter 435. Any other
762	person who is required to undergo level 2 background screening
763	may serve in his or her capacity pending the agency's receipt of
764	the report from the Federal Bureau of Investigation. However,
765	the person may not continue to serve if the report indicates any
766	violation of background screening standards and a
767	disqualification exemption has not been requested of and granted
768	by the agency as set forth in chapter 435.
769	(f)  Each applicant must submit to the agency a description
770	and explanation of any conviction of an offense prohibited under
771	the level 2 standards of chapter 435 by a member of the board of
772	directors of the applicant, its officers, or any individual
773	owning 5 percent or more of the applicant. This requirement does
774	not apply to a director of a not-for-profit corporation or
775	organization if the director serves solely in a voluntary
776	capacity for the corporation or organization, does not regularly
777	take part in the day-to-day operational decisions of the
778	corporation or organization, receives no remuneration for his or
779	her services on the corporation or organization's board of
780	directors, and has no financial interest and has no family
781	members with a financial interest in the corporation or
782	organization, provided that the director and the not-for-profit
783	corporation or organization include in the application a
784	statement affirming that the director's relationship to the
785	corporation satisfies the requirements of this paragraph.
786	(g)  A license may not be granted to an applicant if the
787	applicant or managing employee has been found guilty of,
788	regardless of adjudication, or has entered a plea of nolo
789	contendere or guilty to, any offense prohibited under the level
790	2 standards for screening set forth in chapter 435, unless an
791	exemption from disqualification has been granted by the agency
792	as set forth in chapter 435.
793	Section 7.  Paragraph (a) of subsection (1) of section
794	394.4572, Florida Statutes, is amended to read:
795	394.4572  Screening of mental health personnel.--
796	(1)(a)  The department and the Agency for Health Care
797	Administration shall require employment screening for mental
798	health personnel using the standards for level 2 screening set
799	forth in chapter 435. "Mental health personnel" includes all
800	program directors, professional clinicians, staff members, and
801	volunteers working in public or private mental health programs
802	and facilities who have direct contact with unmarried patients
803	under the age of 18 years. For purposes of this chapter,
804	employment screening of mental health personnel shall also
805	include, but is not limited to, employment screening as provided
806	under chapter 435.
807	Section 8.  Section 943.0585, Florida Statutes, is amended
808	to read:
809	943.0585  Court-ordered expunction of criminal history
810	records.--The courts of this state have jurisdiction over their
811	own procedures, including the maintenance, expunction, and
812	correction of judicial records containing criminal history
813	information to the extent such procedures are not inconsistent
814	with the conditions, responsibilities, and duties established by
815	this section. Any court of competent jurisdiction may order a
816	criminal justice agency to expunge the criminal history record
817	of a minor or an adult who complies with the requirements of
818	this section. The court shall not order a criminal justice
819	agency to expunge a criminal history record until the person
820	seeking to expunge a criminal history record has applied for and
821	received a certificate of eligibility for expunction pursuant to
822	subsection (2). A criminal history record that relates to a
823	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
824	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
825	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
826	s. 916.1075, or a violation enumerated in s. 907.041 may not be
827	expunged, without regard to whether adjudication was withheld,
828	if the defendant was found guilty of or pled guilty or nolo
829	contendere to the offense, or if the defendant, as a minor, was
830	found to have committed, or pled guilty or nolo contendere to
831	committing, the offense as a delinquent act. The court may only
832	order expunction of a criminal history record pertaining to one
833	arrest or one incident of alleged criminal activity, except as
834	provided in this section. The court may, at its sole discretion,
835	order the expunction of a criminal history record pertaining to
836	more than one arrest if the additional arrests directly relate
837	to the original arrest. If the court intends to order the
838	expunction of records pertaining to such additional arrests,
839	such intent must be specified in the order. A criminal justice
840	agency may not expunge any record pertaining to such additional
841	arrests if the order to expunge does not articulate the
842	intention of the court to expunge a record pertaining to more
843	than one arrest. This section does not prevent the court from
844	ordering the expunction of only a portion of a criminal history
845	record pertaining to one arrest or one incident of alleged
846	criminal activity. Notwithstanding any law to the contrary, a
847	criminal justice agency may comply with laws, court orders, and
848	official requests of other jurisdictions relating to expunction,
849	correction, or confidential handling of criminal history records
850	or information derived therefrom. This section does not confer
851	any right to the expunction of any criminal history record, and
852	any request for expunction of a criminal history record may be
853	denied at the sole discretion of the court.
854	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
855	petition to a court to expunge a criminal history record is
856	complete only when accompanied by:
857	(a)  A certificate of eligibility for expunction issued by
858	the department pursuant to subsection (2).
859	(b)  The petitioner's sworn statement attesting that the
860	petitioner:
861	1.  Has never, prior to the date on which the petition is
862	filed, been adjudicated guilty of a criminal offense or
863	comparable ordinance violation or adjudicated delinquent for
864	committing a felony or a misdemeanor specified in s.
865	943.051(3)(b).
866	2.  Has not been adjudicated guilty of, or adjudicated
867	delinquent for committing, any of the acts stemming from the
868	arrest or alleged criminal activity to which the petition
869	pertains.
870	3.  Has never secured a prior sealing or expunction of a
871	criminal history record under this section, former s. 893.14,
872	former s. 901.33, or former s. 943.058, or from any jurisdiction
873	outside the state.
874	4.  Is eligible for such an expunction to the best of his
875	or her knowledge or belief and does not have any other petition
876	to expunge or any petition to seal pending before any court.
877
878	Any person who knowingly provides false information on such
879	sworn statement to the court commits a felony of the third
880	degree, punishable as provided in s. 775.082, s. 775.083, or s.
881	775.084.
882	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
883	petitioning the court to expunge a criminal history record, a
884	person seeking to expunge a criminal history record shall apply
885	to the department for a certificate of eligibility for
886	expunction. The department shall, by rule adopted pursuant to
887	chapter 120, establish procedures pertaining to the application
888	for and issuance of certificates of eligibility for expunction.
889	The department shall issue a certificate of eligibility for
890	expunction to a person who is the subject of a criminal history
891	record if that person:
892	(a)  Has obtained, and submitted to the department, a
893	written, certified statement from the appropriate state attorney
894	or statewide prosecutor which indicates:
895	1.  That an indictment, information, or other charging
896	document was not filed or issued in the case.
897	2.  That an indictment, information, or other charging
898	document, if filed or issued in the case, was dismissed or nolle
899	prosequi by the state attorney or statewide prosecutor, or was
900	dismissed by a court of competent jurisdiction.
901	3.  That the criminal history record does not relate to a
902	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
903	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
904	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
905	s. 916.1075, or a violation enumerated in s. 907.041, where the
906	defendant was found guilty of, or pled guilty or nolo contendere
907	to any such offense, or that the defendant, as a minor, was
908	found to have committed, or pled guilty or nolo contendere to
909	committing, such an offense as a delinquent act, without regard
910	to whether adjudication was withheld.
911	(b)  Remits a $75 processing fee to the department for
912	placement in the Department of Law Enforcement Operating Trust
913	Fund, unless such fee is waived by the executive director.
914	(c)  Has submitted to the department a certified copy of
915	the disposition of the charge to which the petition to expunge
916	pertains.
917	(d)  Has never, prior to the date on which the application
918	for a certificate of eligibility is filed, been adjudicated
919	guilty of a criminal offense or comparable ordinance violation
920	or adjudicated delinquent for committing a felony or a
921	misdemeanor specified in s. 943.051(3)(b).
922	(e)  Has not been adjudicated guilty of, or adjudicated
923	delinquent for committing, any of the acts stemming from the
924	arrest or alleged criminal activity to which the petition to
925	expunge pertains.
926	(f)  Has never secured a prior sealing or expunction of a
927	criminal history record under this section, former s. 893.14,
928	former s. 901.33, or former s. 943.058.
929	(g)  Is no longer under court supervision applicable to the
930	disposition of the arrest or alleged criminal activity to which
931	the petition to expunge pertains.
932	(h)  Is not required to wait a minimum of 10 years prior to
933	being eligible for an expunction of such records because all
934	charges related to the arrest or criminal activity to which the
935	petition to expunge pertains were dismissed prior to trial,
936	adjudication, or the withholding of adjudication. Otherwise,
937	such criminal history record must be sealed under this section,
938	former s. 893.14, former s. 901.33, or former s. 943.058 for at
939	least 10 years before such record is eligible for expunction.
940	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
941	(a)  In judicial proceedings under this section, a copy of
942	the completed petition to expunge shall be served upon the
943	appropriate state attorney or the statewide prosecutor and upon
944	the arresting agency; however, it is not necessary to make any
945	agency other than the state a party. The appropriate state
946	attorney or the statewide prosecutor and the arresting agency
947	may respond to the court regarding the completed petition to
948	expunge.
949	(b)  If relief is granted by the court, the clerk of the
950	court shall certify copies of the order to the appropriate state
951	attorney or the statewide prosecutor and the arresting agency.
952	The arresting agency is responsible for forwarding the order to
953	any other agency to which the arresting agency disseminated the
954	criminal history record information to which the order pertains.
955	The department shall forward the order to expunge to the Federal
956	Bureau of Investigation. The clerk of the court shall certify a
957	copy of the order to any other agency which the records of the
958	court reflect has received the criminal history record from the
959	court.
960	(c)  For an order to expunge entered by a court prior to
961	July 1, 1992, the department shall notify the appropriate state
962	attorney or statewide prosecutor of an order to expunge which is
963	contrary to law because the person who is the subject of the
964	record has previously been convicted of a crime or comparable
965	ordinance violation or has had a prior criminal history record
966	sealed or expunged. Upon receipt of such notice, the appropriate
967	state attorney or statewide prosecutor shall take action, within
968	60 days, to correct the record and petition the court to void
969	the order to expunge. The department shall seal the record until
970	such time as the order is voided by the court.
971	(d)  On or after July 1, 1992, the department or any other
972	criminal justice agency is not required to act on an order to
973	expunge entered by a court when such order does not comply with
974	the requirements of this section. Upon receipt of such an order,
975	the department must notify the issuing court, the appropriate
976	state attorney or statewide prosecutor, the petitioner or the
977	petitioner's attorney, and the arresting agency of the reason
978	for noncompliance. The appropriate state attorney or statewide
979	prosecutor shall take action within 60 days to correct the
980	record and petition the court to void the order. No cause of
981	action, including contempt of court, shall arise against any
982	criminal justice agency for failure to comply with an order to
983	expunge when the petitioner for such order failed to obtain the
984	certificate of eligibility as required by this section or such
985	order does not otherwise comply with the requirements of this
986	section.
987	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
988	criminal history record of a minor or an adult which is ordered
989	expunged by a court of competent jurisdiction pursuant to this
990	section must be physically destroyed or obliterated by any
991	criminal justice agency having custody of such record; except
992	that any criminal history record in the custody of the
993	department must be retained in all cases. A criminal history
994	record ordered expunged that is retained by the department is
995	confidential and exempt from the provisions of s. 119.07(1) and
996	s. 24(a), Art. I of the State Constitution and not available to
997	any person or entity except upon order of a court of competent
998	jurisdiction. A criminal justice agency may retain a notation
999	indicating compliance with an order to expunge.
1000	(a)  The person who is the subject of a criminal history
1001	record that is expunged under this section or under other
1002	provisions of law, including former s. 893.14, former s. 901.33,
1003	and former s. 943.058, may lawfully deny or fail to acknowledge
1004	the arrests covered by the expunged record, except when the
1005	subject of the record:
1006	1.  Is a candidate for employment with a criminal justice
1007	agency;
1008	2.  Is a defendant in a criminal prosecution;
1009	3.  Concurrently or subsequently petitions for relief under
1010	this section or s. 943.059;
1011	4.  Is a candidate for admission to The Florida Bar;
1012	5.  Is seeking to be employed or licensed by or to contract
1013	with the Department of Children and Family Services or the
1014	Department of Juvenile Justice or to be employed or used by such
1015	contractor or licensee in a sensitive position having direct
1016	contact with children, the developmentally disabled, the aged,
1017	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1018	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1019	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
1020	985.407, or chapter 400; or
1021	6.  Is seeking to be employed or licensed by the Office of
1022	Teacher Education, Certification, Staff Development, and
1023	Professional Practices of the Department of Education, any
1024	district school board, or any local governmental entity that
1025	licenses child care facilities.
1026	(b)  Subject to the exceptions in paragraph (a), a person
1027	who has been granted an expunction under this section, former s.
1028	893.14, former s. 901.33, or former s. 943.058 may not be held
1029	under any provision of law of this state to commit perjury or to
1030	be otherwise liable for giving a false statement by reason of
1031	such person's failure to recite or acknowledge an expunged
1032	criminal history record.
1033	(c)  Information relating to the existence of an expunged
1034	criminal history record which is provided in accordance with
1035	paragraph (a) is confidential and exempt from the provisions of
1036	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1037	except that the department shall disclose the existence of a
1038	criminal history record ordered expunged to the entities set
1039	forth in subparagraphs (a)1., 4., 5., and 6. for their
1040	respective licensing and employment purposes, and to criminal
1041	justice agencies for their respective criminal justice purposes.
1042	It is unlawful for any employee of an entity set forth in
1043	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1044	subparagraph (a)6. to disclose information relating to the
1045	existence of an expunged criminal history record of a person
1046	seeking employment or licensure with such entity or contractor,
1047	except to the person to whom the criminal history record relates
1048	or to persons having direct responsibility for employment or
1049	licensure decisions. Any person who violates this paragraph
1050	commits a misdemeanor of the first degree, punishable as
1051	provided in s. 775.082 or s. 775.083.
1052	(5)  STATUTORY REFERENCES.--Any reference to any other
1053	chapter, section, or subdivision of the Florida Statutes in this
1054	section constitutes a general reference under the doctrine of
1055	incorporation by reference.
1056	Section 9.  Section 943.059, Florida Statutes, is amended
1057	to read:
1058	943.059  Court-ordered sealing of criminal history
1059	records.--The courts of this state shall continue to have
1060	jurisdiction over their own procedures, including the
1061	maintenance, sealing, and correction of judicial records
1062	containing criminal history information to the extent such
1063	procedures are not inconsistent with the conditions,
1064	responsibilities, and duties established by this section. Any
1065	court of competent jurisdiction may order a criminal justice
1066	agency to seal the criminal history record of a minor or an
1067	adult who complies with the requirements of this section. The
1068	court shall not order a criminal justice agency to seal a
1069	criminal history record until the person seeking to seal a
1070	criminal history record has applied for and received a
1071	certificate of eligibility for sealing pursuant to subsection
1072	(2). A criminal history record that relates to a violation of s.
1073	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1074	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1075	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1076	a violation enumerated in s. 907.041 may not be sealed, without
1077	regard to whether adjudication was withheld, if the defendant
1078	was found guilty of or pled guilty or nolo contendere to the
1079	offense, or if the defendant, as a minor, was found to have
1080	committed or pled guilty or nolo contendere to committing the
1081	offense as a delinquent act. The court may only order sealing of
1082	a criminal history record pertaining to one arrest or one
1083	incident of alleged criminal activity, except as provided in
1084	this section. The court may, at its sole discretion, order the
1085	sealing of a criminal history record pertaining to more than one
1086	arrest if the additional arrests directly relate to the original
1087	arrest. If the court intends to order the sealing of records
1088	pertaining to such additional arrests, such intent must be
1089	specified in the order. A criminal justice agency may not seal
1090	any record pertaining to such additional arrests if the order to
1091	seal does not articulate the intention of the court to seal
1092	records pertaining to more than one arrest. This section does
1093	not prevent the court from ordering the sealing of only a
1094	portion of a criminal history record pertaining to one arrest or
1095	one incident of alleged criminal activity. Notwithstanding any
1096	law to the contrary, a criminal justice agency may comply with
1097	laws, court orders, and official requests of other jurisdictions
1098	relating to sealing, correction, or confidential handling of
1099	criminal history records or information derived therefrom. This
1100	section does not confer any right to the sealing of any criminal
1101	history record, and any request for sealing a criminal history
1102	record may be denied at the sole discretion of the court.
1103	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1104	petition to a court to seal a criminal history record is
1105	complete only when accompanied by:
1106	(a)  A certificate of eligibility for sealing issued by the
1107	department pursuant to subsection (2).
1108	(b)  The petitioner's sworn statement attesting that the
1109	petitioner:
1110	1.  Has never, prior to the date on which the petition is
1111	filed, been adjudicated guilty of a criminal offense or
1112	comparable ordinance violation or adjudicated delinquent for
1113	committing a felony or a misdemeanor specified in s.
1114	943.051(3)(b).
1115	2.  Has not been adjudicated guilty of or adjudicated
1116	delinquent for committing any of the acts stemming from the
1117	arrest or alleged criminal activity to which the petition to
1118	seal pertains.
1119	3.  Has never secured a prior sealing or expunction of a
1120	criminal history record under this section, former s. 893.14,
1121	former s. 901.33, former s. 943.058, or from any jurisdiction
1122	outside the state.
1123	4.  Is eligible for such a sealing to the best of his or
1124	her knowledge or belief and does not have any other petition to
1125	seal or any petition to expunge pending before any court.
1126
1127	Any person who knowingly provides false information on such
1128	sworn statement to the court commits a felony of the third
1129	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1130	775.084.
1131	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1132	petitioning the court to seal a criminal history record, a
1133	person seeking to seal a criminal history record shall apply to
1134	the department for a certificate of eligibility for sealing. The
1135	department shall, by rule adopted pursuant to chapter 120,
1136	establish procedures pertaining to the application for and
1137	issuance of certificates of eligibility for sealing. The
1138	department shall issue a certificate of eligibility for sealing
1139	to a person who is the subject of a criminal history record
1140	provided that such person:
1141	(a)  Has submitted to the department a certified copy of
1142	the disposition of the charge to which the petition to seal
1143	pertains.
1144	(b)  Remits a $75 processing fee to the department for
1145	placement in the Department of Law Enforcement Operating Trust
1146	Fund, unless such fee is waived by the executive director.
1147	(c)  Has never, prior to the date on which the application
1148	for a certificate of eligibility is filed, been adjudicated
1149	guilty of a criminal offense or comparable ordinance violation
1150	or adjudicated delinquent for committing a felony or a
1151	misdemeanor specified in s. 943.051(3)(b).
1152	(d)  Has not been adjudicated guilty of or adjudicated
1153	delinquent for committing any of the acts stemming from the
1154	arrest or alleged criminal activity to which the petition to
1155	seal pertains.
1156	(e)  Has never secured a prior sealing or expunction of a
1157	criminal history record under this section, former s. 893.14,
1158	former s. 901.33, or former s. 943.058.
1159	(f)  Is no longer under court supervision applicable to the
1160	disposition of the arrest or alleged criminal activity to which
1161	the petition to seal pertains.
1162	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1163	(a)  In judicial proceedings under this section, a copy of
1164	the completed petition to seal shall be served upon the
1165	appropriate state attorney or the statewide prosecutor and upon
1166	the arresting agency; however, it is not necessary to make any
1167	agency other than the state a party. The appropriate state
1168	attorney or the statewide prosecutor and the arresting agency
1169	may respond to the court regarding the completed petition to
1170	seal.
1171	(b)  If relief is granted by the court, the clerk of the
1172	court shall certify copies of the order to the appropriate state
1173	attorney or the statewide prosecutor and to the arresting
1174	agency. The arresting agency is responsible for forwarding the
1175	order to any other agency to which the arresting agency
1176	disseminated the criminal history record information to which
1177	the order pertains. The department shall forward the order to
1178	seal to the Federal Bureau of Investigation. The clerk of the
1179	court shall certify a copy of the order to any other agency
1180	which the records of the court reflect has received the criminal
1181	history record from the court.
1182	(c)  For an order to seal entered by a court prior to July
1183	1, 1992, the department shall notify the appropriate state
1184	attorney or statewide prosecutor of any order to seal which is
1185	contrary to law because the person who is the subject of the
1186	record has previously been convicted of a crime or comparable
1187	ordinance violation or has had a prior criminal history record
1188	sealed or expunged. Upon receipt of such notice, the appropriate
1189	state attorney or statewide prosecutor shall take action, within
1190	60 days, to correct the record and petition the court to void
1191	the order to seal. The department shall seal the record until
1192	such time as the order is voided by the court.
1193	(d)  On or after July 1, 1992, the department or any other
1194	criminal justice agency is not required to act on an order to
1195	seal entered by a court when such order does not comply with the
1196	requirements of this section. Upon receipt of such an order, the
1197	department must notify the issuing court, the appropriate state
1198	attorney or statewide prosecutor, the petitioner or the
1199	petitioner's attorney, and the arresting agency of the reason
1200	for noncompliance. The appropriate state attorney or statewide
1201	prosecutor shall take action within 60 days to correct the
1202	record and petition the court to void the order. No cause of
1203	action, including contempt of court, shall arise against any
1204	criminal justice agency for failure to comply with an order to
1205	seal when the petitioner for such order failed to obtain the
1206	certificate of eligibility as required by this section or when
1207	such order does not comply with the requirements of this
1208	section.
1209	(e)  An order sealing a criminal history record pursuant to
1210	this section does not require that such record be surrendered to
1211	the court, and such record shall continue to be maintained by
1212	the department and other criminal justice agencies.
1213	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1214	history record of a minor or an adult which is ordered sealed by
1215	a court of competent jurisdiction pursuant to this section is
1216	confidential and exempt from the provisions of s. 119.07(1) and
1217	s. 24(a), Art. I of the State Constitution and is available only
1218	to the person who is the subject of the record, to the subject's
1219	attorney, to criminal justice agencies for their respective
1220	criminal justice purposes, or to those entities set forth in
1221	subparagraphs (a)1., 4., 5., and 6. for their respective
1222	licensing and employment purposes.
1223	(a)  The subject of a criminal history record sealed under
1224	this section or under other provisions of law, including former
1225	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1226	deny or fail to acknowledge the arrests covered by the sealed
1227	record, except when the subject of the record:
1228	1.  Is a candidate for employment with a criminal justice
1229	agency;
1230	2.  Is a defendant in a criminal prosecution;
1231	3.  Concurrently or subsequently petitions for relief under
1232	this section or s. 943.0585;
1233	4.  Is a candidate for admission to The Florida Bar;
1234	5.  Is seeking to be employed or licensed by or to contract
1235	with the Department of Children and Family Services or the
1236	Department of Juvenile Justice or to be employed or used by such
1237	contractor or licensee in a sensitive position having direct
1238	contact with children, the developmentally disabled, the aged,
1239	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1240	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1241	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1242	(13), s. 985.407, or chapter 400; or
1243	6.  Is seeking to be employed or licensed by the Office of
1244	Teacher Education, Certification, Staff Development, and
1245	Professional Practices of the Department of Education, any
1246	district school board, or any local governmental entity which
1247	licenses child care facilities.
1248	(b)  Subject to the exceptions in paragraph (a), a person
1249	who has been granted a sealing under this section, former s.
1250	893.14, former s. 901.33, or former s. 943.058 may not be held
1251	under any provision of law of this state to commit perjury or to
1252	be otherwise liable for giving a false statement by reason of
1253	such person's failure to recite or acknowledge a sealed criminal
1254	history record.
1255	(c)  Information relating to the existence of a sealed
1256	criminal record provided in accordance with the provisions of
1257	paragraph (a) is confidential and exempt from the provisions of
1258	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1259	except that the department shall disclose the sealed criminal
1260	history record to the entities set forth in subparagraphs (a)1.,
1261	4., 5., and 6. for their respective licensing and employment
1262	purposes. It is unlawful for any employee of an entity set forth
1263	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1264	or subparagraph (a)6. to disclose information relating to the
1265	existence of a sealed criminal history record of a person
1266	seeking employment or licensure with such entity or contractor,
1267	except to the person to whom the criminal history record relates
1268	or to persons having direct responsibility for employment or
1269	licensure decisions. Any person who violates the provisions of
1270	this paragraph commits a misdemeanor of the first degree,
1271	punishable as provided in s. 775.082 or s. 775.083.
1272	(5)  STATUTORY REFERENCES.--Any reference to any other
1273	chapter, section, or subdivision of the Florida Statutes in this
1274	section constitutes a general reference under the doctrine of
1275	incorporation by reference.
1276	Section 10.  Paragraph (a) of subsection (2) of section
1277	400.215, Florida Statutes, is amended, and paragraphs (b) and
1278	(c) of subsection (2) and subsection (3) of said section are
1279	reenacted for the purpose of incorporating the amendments to
1280	sections 435.03 and 435.04, Florida Statutes, in references
1281	thereto, to read:
1282	400.215  Personnel screening requirement.--
1283	(2)  Employers and employees shall comply with the
1284	requirements of s. 435.05.
1285	(a)  Notwithstanding the provisions of s. 435.05(1),
1286	facilities must have in their possession evidence that level 1
1287	screening has been completed before allowing an employee to
1288	begin working with patients as provided in subsection (1). All
1289	information necessary for conducting background screening using
1290	level 1 standards as specified in s. 435.03(1) shall be
1291	submitted by the nursing facility to the agency. Results of the
1292	background screening shall be provided by the agency to the
1293	requesting nursing facility.
1294	(b)  Employees qualified under the provisions of paragraph
1295	(a) who have not maintained continuous residency within the
1296	state for the 5 years immediately preceding the date of request
1297	for background screening must complete level 2 screening, as
1298	provided in chapter 435. Such employees may work in a
1299	conditional status up to 180 days pending the receipt of written
1300	findings evidencing the completion of level 2 screening. Level 2
1301	screening shall not be required of employees or prospective
1302	employees who attest in writing under penalty of perjury that
1303	they meet the residency requirement. Completion of level 2
1304	screening shall require the employee or prospective employee to
1305	furnish to the nursing facility a full set of fingerprints to
1306	enable a criminal background investigation to be conducted. The
1307	nursing facility shall submit the completed fingerprint card to
1308	the agency. The agency shall establish a record of the request
1309	in the database provided for in paragraph (c) and forward the
1310	request to the Department of Law Enforcement, which is
1311	authorized to submit the fingerprints to the Federal Bureau of
1312	Investigation for a national criminal history records check. The
1313	results of the national criminal history records check shall be
1314	returned to the agency, which shall maintain the results in the
1315	database provided for in paragraph (c). The agency shall notify
1316	the administrator of the requesting nursing facility or the
1317	administrator of any other facility licensed under chapter 393,
1318	chapter 394, chapter 395, chapter 397, or this chapter, as
1319	requested by such facility, as to whether or not the employee
1320	has qualified under level 1 or level 2 screening. An employee or
1321	prospective employee who has qualified under level 2 screening
1322	and has maintained such continuous residency within the state
1323	shall not be required to complete a subsequent level 2 screening
1324	as a condition of employment at another facility.
1325	(c)  The agency shall establish and maintain a database of
1326	background screening information which shall include the results
1327	of both level 1 and level 2 screening. The Department of Law
1328	Enforcement shall timely provide to the agency, electronically,
1329	the results of each statewide screening for incorporation into
1330	the database. The agency shall, upon request from any facility,
1331	agency, or program required by or authorized by law to screen
1332	its employees or applicants, notify the administrator of the
1333	facility, agency, or program of the qualifying or disqualifying
1334	status of the employee or applicant named in the request.
1335	(3)  The applicant is responsible for paying the fees
1336	associated with obtaining the required screening. Payment for
1337	the screening shall be submitted to the agency. The agency shall
1338	establish a schedule of fees to cover the costs of level 1 and
1339	level 2 screening. Facilities may reimburse employees for these
1340	costs. The Department of Law Enforcement shall charge the agency
1341	for a level 1 or level 2 screening a rate sufficient to cover
1342	the costs of such screening pursuant to s. 943.053(3). The
1343	agency shall, as allowable, reimburse nursing facilities for the
1344	cost of conducting background screening as required by this
1345	section. This reimbursement will not be subject to any rate
1346	ceilings or payment targets in the Medicaid Reimbursement plan.
1347	Section 11.  For the purpose of incorporating the
1348	amendments to sections 435.03 and 435.04, Florida Statutes, in
1349	references thereto, subsections (1) and (2) of section 400.964,
1350	Florida Statutes, are reenacted, and subsection (7) of said
1351	section is amended and reenacted, to read:
1352	400.964  Personnel screening requirement.--
1353	(1)  The agency shall require level 2 background screening
1354	as provided in chapter 435 for all employees or prospective
1355	employees of facilities licensed under this part who are
1356	expected to be, or whose responsibilities are such that they
1357	would be considered to be, a direct service provider.
1358	(2)  Employers and employees shall comply with the
1359	requirements of chapter 435.
1360	(7)  All employees must comply with the requirements of
1361	this section by October 1, 2000. A person employed by a facility
1362	licensed pursuant to this part as of the effective date of this
1363	act is not required to submit to rescreening if the facility has
1364	in its possession written evidence that the person has been
1365	screened and qualified according to level 1 standards as
1366	specified in s. 435.03(1). Any current employee who meets the
1367	level 1 requirement but does not meet the 5-year residency
1368	requirement must provide to the employing facility written
1369	attestation under penalty of perjury that the employee has not
1370	been convicted of a disqualifying offense in another state or
1371	jurisdiction. All applicants hired on or after October 1, 1999,
1372	must comply with the requirements of this section.
1373	Section 12.  For the purpose of incorporating the amendment
1374	to section 435.04, Florida Statutes, in a reference thereto,
1375	paragraph (a) of subsection (1) of section 435.045, Florida
1376	Statutes, is amended and reenacted to read:
1377	435.045  Requirements for placement of dependent
1378	children.--
1379	(1)(a)  Unless an election provided for in subsection (2)
1380	is made with respect to the state, the department is authorized
1381	to conduct criminal records checks equivalent to the level 2
1382	screening required in s. 435.04(1) for any person being
1383	considered by the department for placement of a child subject to
1384	a placement decision pursuant to chapter 39. Approval shall not
1385	be granted:
1386	1.  In any case in which a record check reveals a felony
1387	conviction for child abuse, abandonment, or neglect; for spousal
1388	abuse; for a crime against children, including child
1389	pornography, or for a crime involving violence, including rape,
1390	sexual assault, or homicide but not including other physical
1391	assault or battery, if the department finds that a court of
1392	competent jurisdiction has determined that the felony was
1393	committed at any time; and
1394	2.  In any case in which a record check reveals a felony
1395	conviction for physical assault, battery, or a drug-related
1396	offense, if the department finds that a court of competent
1397	jurisdiction has determined that the felony was committed within
1398	the past 5 years.
1399	Section 13.  For the purpose of incorporating the
1400	amendments to sections 435.03 and 435.04, Florida Statutes, in
1401	references thereto, paragraphs (f) and (g) of subsection (1) of
1402	section 400.414, Florida Statutes, are reenacted to read:
1403	400.414  Denial, revocation, or suspension of license;
1404	imposition of administrative fine; grounds.--
1405	(1)  The agency may deny, revoke, or suspend any license
1406	issued under this part, or impose an administrative fine in the
1407	manner provided in chapter 120, for any of the following actions
1408	by an assisted living facility, for the actions of any person
1409	subject to level 2 background screening under s. 400.4174, or
1410	for the actions of any facility employee:
1411	(f)  A determination that a person subject to level 2
1412	background screening under s. 400.4174(1) does not meet the
1413	screening standards of s. 435.04 or that the facility is
1414	retaining an employee subject to level 1 background screening
1415	standards under s. 400.4174(2) who does not meet the screening
1416	standards of s. 435.03 and for whom exemptions from
1417	disqualification have not been provided by the agency.
1418	(g)  A determination that an employee, volunteer,
1419	administrator, or owner, or person who otherwise has access to
1420	the residents of a facility does not meet the criteria specified
1421	in s. 435.03(2), and the owner or administrator has not taken
1422	action to remove the person. Exemptions from disqualification
1423	may be granted as set forth in s. 435.07. No administrative
1424	action may be taken against the facility if the person is
1425	granted an exemption.
1426
1427	Administrative proceedings challenging agency action under this
1428	subsection shall be reviewed on the basis of the facts and
1429	conditions that resulted in the agency action.
1430	Section 14.  For the purpose of incorporating the
1431	amendments to sections 435.03 and 435.04, Florida Statutes, in
1432	references thereto, section 400.4174, Florida Statutes, is
1433	reenacted to read:
1434	400.4174  Background screening; exemptions.--
1435	(1)(a)  Level 2 background screening must be conducted on
1436	each of the following persons, who shall be considered employees
1437	for the purposes of conducting screening under chapter 435:
1438	1.  The facility owner if an individual, the administrator,
1439	and the financial officer.
1440	2.  An officer or board member if the facility owner is a
1441	firm, corporation, partnership, or association, or any person
1442	owning 5 percent or more of the facility if the agency has
1443	probable cause to believe that such person has been convicted of
1444	any offense prohibited by s. 435.04. For each officer, board
1445	member, or person owning 5 percent or more who has been
1446	convicted of any such offense, the facility shall submit to the
1447	agency a description and explanation of the conviction at the
1448	time of license application. This subparagraph does not apply to
1449	a board member of a not-for-profit corporation or organization
1450	if the board member serves solely in a voluntary capacity, does
1451	not regularly take part in the day-to-day operational decisions
1452	of the corporation or organization, receives no remuneration for
1453	his or her services, and has no financial interest and has no
1454	family members with a financial interest in the corporation or
1455	organization, provided that the board member and facility submit
1456	a statement affirming that the board member's relationship to
1457	the facility satisfies the requirements of this subparagraph.
1458	(b)  Proof of compliance with level 2 screening standards
1459	which has been submitted within the previous 5 years to meet any
1460	facility or professional licensure requirements of the agency or
1461	the Department of Health satisfies the requirements of this
1462	subsection, provided that such proof is accompanied, under
1463	penalty of perjury, by an affidavit of compliance with the
1464	provisions of chapter 435. Proof of compliance with the
1465	background screening requirements of the Financial Services
1466	Commission and the Office of Insurance Regulation for applicants
1467	for a certificate of authority to operate a continuing care
1468	retirement community under chapter 651, submitted within the
1469	last 5 years, satisfies the Department of Law Enforcement and
1470	Federal Bureau of Investigation portions of a level 2 background
1471	check.
1472	(c)  The agency may grant a provisional license to a
1473	facility applying for an initial license when each individual
1474	required by this subsection to undergo screening has completed
1475	the Department of Law Enforcement background checks, but has not
1476	yet received results from the Federal Bureau of Investigation,
1477	or when a request for an exemption from disqualification has
1478	been submitted to the agency pursuant to s. 435.07, but a
1479	response has not been issued.
1480	(2)  The owner or administrator of an assisted living
1481	facility must conduct level 1 background screening, as set forth
1482	in chapter 435, on all employees hired on or after October 1,
1483	1998, who perform personal services as defined in s.
1484	400.402(17). The agency may exempt an individual from employment
1485	disqualification as set forth in chapter 435. Such persons shall
1486	be considered as having met this requirement if:
1487	(a)  Proof of compliance with level 1 screening
1488	requirements obtained to meet any professional license
1489	requirements in this state is provided and accompanied, under
1490	penalty of perjury, by a copy of the person's current
1491	professional license and an affidavit of current compliance with
1492	the background screening requirements.
1493	(b)  The person required to be screened has been
1494	continuously employed in the same type of occupation for which
1495	the person is seeking employment without a breach in service
1496	which exceeds 180 days, and proof of compliance with the level 1
1497	screening requirement which is no more than 2 years old is
1498	provided. Proof of compliance shall be provided directly from
1499	one employer or contractor to another, and not from the person
1500	screened. Upon request, a copy of screening results shall be
1501	provided by the employer retaining documentation of the
1502	screening to the person screened.
1503	(c)  The person required to be screened is employed by a
1504	corporation or business entity or related corporation or
1505	business entity that owns, operates, or manages more than one
1506	facility or agency licensed under this chapter, and for whom a
1507	level 1 screening was conducted by the corporation or business
1508	entity as a condition of initial or continued employment.
1509	Section 15.  For the purpose of incorporating the
1510	amendments to sections 435.03 and 435.04, Florida Statutes, in
1511	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1512	of subsection (4) of section 400.509, Florida Statutes, are
1513	reenacted to read:
1514	400.509  Registration of particular service providers
1515	exempt from licensure; certificate of registration; regulation
1516	of registrants.--
1517	(4)  Each applicant for registration must comply with the
1518	following requirements:
1519	(a)  Upon receipt of a completed, signed, and dated
1520	application, the agency shall require background screening, in
1521	accordance with the level 1 standards for screening set forth in
1522	chapter 435, of every individual who will have contact with the
1523	client. The agency shall require background screening of the
1524	managing employee or other similarly titled individual who is
1525	responsible for the operation of the entity, and of the
1526	financial officer or other similarly titled individual who is
1527	responsible for the financial operation of the entity, including
1528	billings for client services in accordance with the level 2
1529	standards for background screening as set forth in chapter 435.
1530	(b)  The agency may require background screening of any
1531	other individual who is affiliated with the applicant if the
1532	agency has a reasonable basis for believing that he or she has
1533	been convicted of a crime or has committed any other offense
1534	prohibited under the level 2 standards for screening set forth
1535	in chapter 435.
1536	(c)  Proof of compliance with the level 2 background
1537	screening requirements of chapter 435 which has been submitted
1538	within the previous 5 years in compliance with any other health
1539	care or assisted living licensure requirements of this state is
1540	acceptable in fulfillment of paragraph (a).
1541	(d)  A provisional registration may be granted to an
1542	applicant when each individual required by this section to
1543	undergo background screening has met the standards for the
1544	abuse-registry background check through the agency and the
1545	Department of Law Enforcement background check, but the agency
1546	has not yet received background screening results from the
1547	Federal Bureau of Investigation. A standard registration may be
1548	granted to the applicant upon the agency's receipt of a report
1549	of the results of the Federal Bureau of Investigation background
1550	screening for each individual required by this section to
1551	undergo background screening which confirms that all standards
1552	have been met, or upon the granting of a disqualification
1553	exemption by the agency as set forth in chapter 435. Any other
1554	person who is required to undergo level 2 background screening
1555	may serve in his or her capacity pending the agency's receipt of
1556	the report from the Federal Bureau of Investigation. However,
1557	the person may not continue to serve if the report indicates any
1558	violation of background screening standards and if a
1559	disqualification exemption has not been requested of and granted
1560	by the agency as set forth in chapter 435.
1561	(f)  Each applicant must submit to the agency a description
1562	and explanation of any conviction of an offense prohibited under
1563	the level 2 standards of chapter 435 which was committed by a
1564	member of the board of directors of the applicant, its officers,
1565	or any individual owning 5 percent or more of the applicant.
1566	This requirement does not apply to a director of a not-for-
1567	profit corporation or organization who serves solely in a
1568	voluntary capacity for the corporation or organization, does not
1569	regularly take part in the day-to-day operational decisions of
1570	the corporation or organization, receives no remuneration for
1571	his or her services on the corporation's or organization's board
1572	of directors, and has no financial interest and no family
1573	members having a financial interest in the corporation or
1574	organization, if the director and the not-for-profit corporation
1575	or organization include in the application a statement affirming
1576	that the director's relationship to the corporation satisfies
1577	the requirements of this paragraph.
1578	(g)  A registration may not be granted to an applicant if
1579	the applicant or managing employee has been found guilty of,
1580	regardless of adjudication, or has entered a plea of nolo
1581	contendere or guilty to, any offense prohibited under the level
1582	2 standards for screening set forth in chapter 435, unless an
1583	exemption from disqualification has been granted by the agency
1584	as set forth in chapter 435.
1585	Section 16.  For the purpose of incorporating the
1586	amendments to sections 435.03 and 435.04, Florida Statutes, in
1587	references thereto, paragraph (c) of subsection (2) of section
1588	400.556, Florida Statutes, is reenacted to read:
1589	400.556  Denial, suspension, revocation of license;
1590	administrative fines; investigations and inspections.--
1591	(2)  Each of the following actions by the owner of an adult
1592	day care center or by its operator or employee is a ground for
1593	action by the agency against the owner of the center or its
1594	operator or employee:
1595	(c)  A failure of persons subject to level 2 background
1596	screening under s. 400.4174(1) to meet the screening standards
1597	of s. 435.04, or the retention by the center of an employee
1598	subject to level 1 background screening standards under s.
1599	400.4174(2) who does not meet the screening standards of s.
1600	435.03 and for whom exemptions from disqualification have not
1601	been provided by the agency.
1602	Section 17.  For the purpose of incorporating the
1603	amendments to sections 435.03 and 435.04, Florida Statutes, in
1604	references thereto, subsections (1), (2), and (4) of section
1605	400.6065, Florida Statutes, are reenacted to read:
1606	400.6065  Background screening.--
1607	(1)  Upon receipt of a completed application under s.
1608	400.606, the agency shall require level 2 background screening
1609	on each of the following persons, who shall be considered
1610	employees for the purposes of conducting screening under chapter
1611	435:
1612	(a)  The hospice administrator and financial officer.
1613	(b)  An officer or board member if the hospice is a firm,
1614	corporation, partnership, or association, or any person owning 5
1615	percent or more of the hospice if the agency has probable cause
1616	to believe that such officer, board member, or owner has been
1617	convicted of any offense prohibited by s. 435.04. For each
1618	officer, board member, or person owning 5 percent or more who
1619	has been convicted of any such offense, the hospice shall submit
1620	to the agency a description and explanation of the conviction at
1621	the time of license application. This paragraph does not apply
1622	to a board member of a not-for-profit corporation or
1623	organization if the board member serves solely in a voluntary
1624	capacity, does not regularly take part in the day-to-day
1625	operational decisions of the corporation or organization,
1626	receives no remuneration for his or her services, and has no
1627	financial interest and has no family members with a financial
1628	interest in the corporation or organization, provided that the
1629	board member and the corporation or organization submit a
1630	statement affirming that the board member's relationship to the
1631	corporation or organization satisfies the requirements of this
1632	paragraph.
1633	(2)  Proof of compliance with level 2 screening standards
1634	which has been submitted within the previous 5 years to meet any
1635	facility or professional licensure requirements of the agency or
1636	the Department of Health satisfies the requirements of this
1637	section.
1638	(4)  The agency shall require employment or contractor
1639	screening as provided in chapter 435, using the level 1
1640	standards for screening set forth in that chapter, for hospice
1641	personnel.
1642	Section 18.  For the purpose of incorporating the
1643	amendments to sections 435.03 and 435.04, Florida Statutes, in
1644	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1645	of subsection (4) of section 400.980, Florida Statutes, are
1646	reenacted to read:
1647	400.980  Health care services pools.--
1648	(4)  Each applicant for registration must comply with the
1649	following requirements:
1650	(a)  Upon receipt of a completed, signed, and dated
1651	application, the agency shall require background screening, in
1652	accordance with the level 1 standards for screening set forth in
1653	chapter 435, of every individual who will have contact with
1654	patients. The agency shall require background screening of the
1655	managing employee or other similarly titled individual who is
1656	responsible for the operation of the entity, and of the
1657	financial officer or other similarly titled individual who is
1658	responsible for the financial operation of the entity, including
1659	billings for services in accordance with the level 2 standards
1660	for background screening as set forth in chapter 435.
1661	(b)  The agency may require background screening of any
1662	other individual who is affiliated with the applicant if the
1663	agency has a reasonable basis for believing that he or she has
1664	been convicted of a crime or has committed any other offense
1665	prohibited under the level 2 standards for screening set forth
1666	in chapter 435.
1667	(c)  Proof of compliance with the level 2 background
1668	screening requirements of chapter 435 which has been submitted
1669	within the previous 5 years in compliance with any other health
1670	care or assisted living licensure requirements of this state is
1671	acceptable in fulfillment of paragraph (a).
1672	(d)  A provisional registration may be granted to an
1673	applicant when each individual required by this section to
1674	undergo background screening has met the standards for the
1675	Department of Law Enforcement background check but the agency
1676	has not yet received background screening results from the
1677	Federal Bureau of Investigation. A standard registration may be
1678	granted to the applicant upon the agency's receipt of a report
1679	of the results of the Federal Bureau of Investigation background
1680	screening for each individual required by this section to
1681	undergo background screening which confirms that all standards
1682	have been met, or upon the granting of a disqualification
1683	exemption by the agency as set forth in chapter 435. Any other
1684	person who is required to undergo level 2 background screening
1685	may serve in his or her capacity pending the agency's receipt of
1686	the report from the Federal Bureau of Investigation. However,
1687	the person may not continue to serve if the report indicates any
1688	violation of background screening standards and if a
1689	disqualification exemption has not been requested of and granted
1690	by the agency as set forth in chapter 435.
1691	(f)  Each applicant must submit to the agency a description
1692	and explanation of any conviction of an offense prohibited under
1693	the level 2 standards of chapter 435 which was committed by a
1694	member of the board of directors of the applicant, its officers,
1695	or any individual owning 5 percent or more of the applicant.
1696	This requirement does not apply to a director of a not-for-
1697	profit corporation or organization who serves solely in a
1698	voluntary capacity for the corporation or organization, does not
1699	regularly take part in the day-to-day operational decisions of
1700	the corporation or organization, receives no remuneration for
1701	his or her services on the corporation's or organization's board
1702	of directors, and has no financial interest and no family
1703	members having a financial interest in the corporation or
1704	organization, if the director and the not-for-profit corporation
1705	or organization include in the application a statement affirming
1706	that the director's relationship to the corporation satisfies
1707	the requirements of this paragraph.
1708	(g)  A registration may not be granted to an applicant if
1709	the applicant or managing employee has been found guilty of,
1710	regardless of adjudication, or has entered a plea of nolo
1711	contendere or guilty to, any offense prohibited under the level
1712	2 standards for screening set forth in chapter 435, unless an
1713	exemption from disqualification has been granted by the agency
1714	as set forth in chapter 435.
1715	Section 19.  For the purpose of incorporating the
1716	amendments to sections 435.03 and 435.04, Florida Statutes, in
1717	references thereto, paragraph (k) of subsection (2) of section
1718	409.175, Florida Statutes, is reenacted to read:
1719	409.175  Licensure of family foster homes, residential
1720	child-caring agencies, and child-placing agencies; public
1721	records exemption.--
1722	(2)  As used in this section, the term:
1723	(k)  "Screening" means the act of assessing the background
1724	of personnel and includes, but is not limited to, employment
1725	history checks as provided in chapter 435, using the level 2
1726	standards for screening set forth in that chapter. Screening for
1727	employees and volunteers in summer day camps and summer 24-hour
1728	camps and screening for all volunteers included under the
1729	definition of "personnel" shall be conducted as provided in
1730	chapter 435, using the level 1 standards set forth in that
1731	chapter.
1732	Section 20.  For the purpose of incorporating the
1733	amendments to sections 435.03 and 435.04, Florida Statutes, in
1734	references thereto, paragraph (d) of subsection (8) of section
1735	409.907, Florida Statutes, is reenacted to read:
1736	409.907  Medicaid provider agreements.--The agency may make
1737	payments for medical assistance and related services rendered to
1738	Medicaid recipients only to an individual or entity who has a
1739	provider agreement in effect with the agency, who is performing
1740	services or supplying goods in accordance with federal, state,
1741	and local law, and who agrees that no person shall, on the
1742	grounds of handicap, race, color, or national origin, or for any
1743	other reason, be subjected to discrimination under any program
1744	or activity for which the provider receives payment from the
1745	agency.
1746	(8)
1747	(d)  Proof of compliance with the requirements of level 2
1748	screening under s. 435.04 conducted within 12 months prior to
1749	the date that the Medicaid provider application is submitted to
1750	the agency shall fulfill the requirements of this subsection.
1751	Proof of compliance with the requirements of level 1 screening
1752	under s. 435.03 conducted within 12 months prior to the date
1753	that the Medicaid provider application is submitted to the
1754	agency shall meet the requirement that the Department of Law
1755	Enforcement conduct a state criminal history record check.
1756	Section 21.  For the purpose of incorporating the
1757	amendments to sections 435.03 and 435.04, Florida Statutes, in
1758	references thereto, subsections (1) and (3) of section 435.05,
1759	Florida Statutes, are reenacted to read:
1760	435.05  Requirements for covered employees.--Except as
1761	otherwise provided by law, the following requirements shall
1762	apply to covered employees:
1763	(1)(a)  Every person employed in a position for which
1764	employment screening is required must, within 5 working days
1765	after starting to work, submit to the employer a complete set of
1766	information necessary to conduct a screening under this section.
1767	(b)  For level 1 screening, the employer must submit the
1768	information necessary for screening to the Florida Department of
1769	Law Enforcement within 5 working days after receiving it. The
1770	Florida Department of Law Enforcement will conduct a search of
1771	its records and will respond to the employer agency. The
1772	employer will inform the employee whether screening has revealed
1773	any disqualifying information.
1774	(c)  For level 2 screening, the employer or licensing
1775	agency must submit the information necessary for screening to
1776	the Florida Department of Law Enforcement within 5 working days
1777	after receiving it. The Florida Department of Law Enforcement
1778	will conduct a search of its criminal and juvenile records and
1779	will request that the Federal Bureau of Investigation conduct a
1780	search of its records for each employee for whom the request is
1781	made. The Florida Department of Law Enforcement will respond to
1782	the employer or licensing agency, and the employer or licensing
1783	agency will inform the employee whether screening has revealed
1784	disqualifying information.
1785	(d)  The person whose background is being checked must
1786	supply any missing criminal or other necessary information to
1787	the employer within 30 days after the employer makes a request
1788	for the information or be subject to automatic disqualification.
1789	(3)  Each employer required to conduct level 2 background
1790	screening must sign an affidavit annually, under penalty of
1791	perjury, stating that all covered employees have been screened
1792	or are newly hired and are awaiting the results of the required
1793	screening checks.
1794	Section 22.  For the purpose of incorporating the
1795	amendments to sections 435.03 and 435.04, Florida Statutes, in
1796	references thereto, section 744.3135, Florida Statutes, as
1797	amended by chapter 2003-402, Laws of Florida, is reenacted to
1798	read:
1799	744.3135  Credit and criminal investigation.-The court may
1800	require a nonprofessional guardian and shall require a
1801	professional or public guardian, and all employees of a
1802	professional guardian who have a fiduciary responsibility to a
1803	ward, to submit, at their own expense, to an investigation of
1804	the guardian's credit history and to undergo level 2 background
1805	screening as required under s. 435.04. The clerk of the court
1806	shall obtain fingerprint cards from the Federal Bureau of
1807	Investigation and make them available to guardians. Any guardian
1808	who is so required shall have his or her fingerprints taken and
1809	forward the proper fingerprint card along with the necessary fee
1810	to the Florida Department of Law Enforcement for processing. The
1811	professional guardian shall pay to the clerk of the court a fee
1812	of up to $7.50 for handling and processing professional guardian
1813	files. The results of the fingerprint checks shall be forwarded
1814	to the clerk of court who shall maintain the results in a
1815	guardian file and shall make the results available to the court.
1816	If credit or criminal investigations are required, the court
1817	must consider the results of the investigations in appointing a
1818	guardian. Professional guardians and all employees of a
1819	professional guardian who have a fiduciary responsibility to a
1820	ward, so appointed, must resubmit, at their own expense, to an
1821	investigation of credit history, and undergo level 1 background
1822	screening as required under s. 435.03, at least every 2 years
1823	after the date of their appointment. At any time, the court may
1824	require guardians or their employees to submit to an
1825	investigation of credit history and undergo level 1 background
1826	screening as required under s. 435.03. The court must consider
1827	the results of these investigations in reappointing a guardian.
1828	This section shall not apply to a professional guardian, or to
1829	the employees of a professional guardian, that is a trust
1830	company, a state banking corporation or state savings
1831	association authorized and qualified to exercise fiduciary
1832	powers in this state, or a national banking association or
1833	federal savings and loan association authorized and qualified to
1834	exercise fiduciary powers in this state.
1835	Section 23.  For the purpose of incorporating the
1836	amendments to sections 435.03 and 435.04, Florida Statutes, in
1837	references thereto, subsection (2) of section 985.04, Florida
1838	Statutes, is reenacted to read:
1839	985.04  Oaths; records; confidential information.--
1840	(2)  Records maintained by the Department of Juvenile
1841	Justice, including copies of records maintained by the court,
1842	which pertain to a child found to have committed a delinquent
1843	act which, if committed by an adult, would be a crime specified
1844	in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1845	section for a period of 25 years after the youth's final
1846	referral to the department, except in cases of the death of the
1847	child. Such records, however, shall be sealed by the court for
1848	use only in meeting the screening requirements for personnel in
1849	s. 402.3055 and the other sections cited above, or pursuant to
1850	departmental rule; however, current criminal history information
1851	must be obtained from the Department of Law Enforcement in
1852	accordance with s. 943.053. The information shall be released to
1853	those persons specified in the above cited sections for the
1854	purposes of complying with those sections. The court may punish
1855	by contempt any person who releases or uses the records for any
1856	unauthorized purpose.
1857	Section 24.  For the purpose of incorporating the amendment
1858	to section 435.03, Florida Statutes, in references thereto,
1859	section 400.512, Florida Statutes, is reenacted to read:
1860	400.512  Screening of home health agency personnel; nurse
1861	registry personnel; and companions and homemakers.--The agency
1862	shall require employment or contractor screening as provided in
1863	chapter 435, using the level 1 standards for screening set forth
1864	in that chapter, for home health agency personnel; persons
1865	referred for employment by nurse registries; and persons
1866	employed by companion or homemaker services registered under s.
1867	400.509.
1868	(1)(a)  The Agency for Health Care Administration may, upon
1869	request, grant exemptions from disqualification from employment
1870	or contracting under this section as provided in s. 435.07,
1871	except for health care practitioners licensed by the Department
1872	of Health or a regulatory board within that department.
1873	(b)  The appropriate regulatory board within the Department
1874	of Health, or that department itself when there is no board,
1875	may, upon request of the licensed health care practitioner,
1876	grant exemptions from disqualification from employment or
1877	contracting under this section as provided in s. 435.07.
1878	(2)  The administrator of each home health agency, the
1879	managing employee of each nurse registry, and the managing
1880	employee of each companion or homemaker service registered under
1881	s. 400.509 must sign an affidavit annually, under penalty of
1882	perjury, stating that all personnel hired, contracted with, or
1883	registered on or after October 1, 1994, who enter the home of a
1884	patient or client in their service capacity have been screened
1885	and that its remaining personnel have worked for the home health
1886	agency or registrant continuously since before October 1, 1994.
1887	(3)  As a prerequisite to operating as a home health
1888	agency, nurse registry, or companion or homemaker service under
1889	s. 400.509, the administrator or managing employee,
1890	respectively, must submit to the agency his or her name and any
1891	other information necessary to conduct a complete screening
1892	according to this section. The agency shall submit the
1893	information to the Department of Law Enforcement for state
1894	processing. The agency shall review the record of the
1895	administrator or manager with respect to the offenses specified
1896	in this section and shall notify the owner of its findings. If
1897	disposition information is missing on a criminal record, the
1898	administrator or manager, upon request of the agency, must
1899	obtain and supply within 30 days the missing disposition
1900	information to the agency. Failure to supply missing information
1901	within 30 days or to show reasonable efforts to obtain such
1902	information will result in automatic disqualification.
1903	(4)  Proof of compliance with the screening requirements of
1904	chapter 435 shall be accepted in lieu of the requirements of
1905	this section if the person has been continuously employed or
1906	registered without a breach in service that exceeds 180 days,
1907	the proof of compliance is not more than 2 years old, and the
1908	person has been screened by the Department of Law Enforcement. A
1909	home health agency, nurse registry, or companion or homemaker
1910	service registered under s. 400.509 shall directly provide proof
1911	of compliance to another home health agency, nurse registry, or
1912	companion or homemaker service registered under s. 400.509. The
1913	recipient home health agency, nurse registry, or companion or
1914	homemaker service registered under s. 400.509 may not accept any
1915	proof of compliance directly from the person who requires
1916	screening. Proof of compliance with the screening requirements
1917	of this section shall be provided upon request to the person
1918	screened by the home health agencies; nurse registries; or
1919	companion or homemaker services registered under s. 400.509.
1920	(5)  There is no monetary liability on the part of, and no
1921	cause of action for damages arises against, a licensed home
1922	health agency, licensed nurse registry, or companion or
1923	homemaker service registered under s. 400.509, that, upon notice
1924	that the employee or contractor has been found guilty of,
1925	regardless of adjudication, or entered a plea of nolo contendere
1926	or guilty to, any offense prohibited under s. 435.03 or under
1927	any similar statute of another jurisdiction, terminates the
1928	employee or contractor, whether or not the employee or
1929	contractor has filed for an exemption with the agency in
1930	accordance with chapter 435 and whether or not the time for
1931	filing has expired.
1932	(6)  The costs of processing the statewide correspondence
1933	criminal records checks must be borne by the home health agency;
1934	the nurse registry; or the companion or homemaker service
1935	registered under s. 400.509, or by the person being screened, at
1936	the discretion of the home health agency, nurse registry, or s.
1937	400.509 registrant.
1938	(7)(a)  It is a misdemeanor of the first degree, punishable
1939	under s. 775.082 or s. 775.083, for any person willfully,
1940	knowingly, or intentionally to:
1941	1.  Fail, by false statement, misrepresentation,
1942	impersonation, or other fraudulent means, to disclose in any
1943	application for voluntary or paid employment a material fact
1944	used in making a determination as to such person's
1945	qualifications to be an employee under this section;
1946	2.  Operate or attempt to operate an entity licensed or
1947	registered under this part with persons who do not meet the
1948	minimum standards for good moral character as contained in this
1949	section; or
1950	3.  Use information from the criminal records obtained
1951	under this section for any purpose other than screening that
1952	person for employment as specified in this section or release
1953	such information to any other person for any purpose other than
1954	screening for employment under this section.
1955	(b)  It is a felony of the third degree, punishable under
1956	s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1957	knowingly, or intentionally to use information from the juvenile
1958	records of a person obtained under this section for any purpose
1959	other than screening for employment under this section.
1960	Section 25.  For the purpose of incorporating the amendment
1961	to section 435.03, Florida Statutes, in references thereto,
1962	subsection (4) of section 400.619, Florida Statutes, is
1963	reenacted to read:
1964	400.619  Licensure application and renewal.--
1965	(4)  Upon receipt of a completed license application or
1966	license renewal, and the fee, the agency shall initiate a level
1967	1 background screening as provided under chapter 435 on the
1968	adult family-care home provider, the designated relief person,
1969	all adult household members, and all staff members. The agency
1970	shall conduct an onsite visit to the home that is to be
1971	licensed.
1972	(a)  Proof of compliance with level 1 screening standards
1973	which has been submitted within the previous 5 years to meet any
1974	facility or professional licensure requirements of the agency or
1975	the Department of Health satisfies the requirements of this
1976	subsection. Such proof must be accompanied, under penalty of
1977	perjury, by a copy of the person's current professional license
1978	and an affidavit of current compliance with the background
1979	screening requirements.
1980	(b)  The person required to be screened must have been
1981	continuously employed in the same type of occupation for which
1982	the person is seeking employment without a breach in service
1983	that exceeds 180 days, and proof of compliance with the level 1
1984	screening requirement which is no more than 2 years old must be
1985	provided. Proof of compliance shall be provided directly from
1986	one employer or contractor to another, and not from the person
1987	screened. Upon request, a copy of screening results shall be
1988	provided to the person screened by the employer retaining
1989	documentation of the screening.
1990	Section 26.  For the purpose of incorporating the amendment
1991	to section 435.03, Florida Statutes, in references thereto,
1992	subsection (1) of section 400.6194, Florida Statutes, is
1993	reenacted to read:
1994	400.6194  Denial, revocation, or suspension of a
1995	license.--The agency may deny, suspend, or revoke a license for
1996	The agency may deny, suspend, or revoke a license for any of the
1997	following reasons:
1998	(1)  Failure of any of the persons required to undergo
1999	background screening under s. 400.619 to meet the level 1
2000	screening standards of s. 435.03, unless an exemption from
2001	disqualification has been provided by the agency.
2002	Section 27.  For the purpose of incorporating the amendment
2003	to section 435.03, Florida Statutes, in references thereto,
2004	section 400.953, Florida Statutes, is reenacted to read:
2005	400.953  Background screening of home medical equipment
2006	provider personnel.--The agency shall require employment
2007	screening as provided in chapter 435, using the level 1
2008	standards for screening set forth in that chapter, for home
2009	medical equipment provider personnel.
2010	(1)  The agency may grant exemptions from disqualification
2011	from employment under this section as provided in s. 435.07.
2012	(2)  The general manager of each home medical equipment
2013	provider must sign an affidavit annually, under penalty of
2014	perjury, stating that all home medical equipment provider
2015	personnel hired on or after July 1, 1999, who enter the home of
2016	a patient in the capacity of their employment have been screened
2017	and that its remaining personnel have worked for the home
2018	medical equipment provider continuously since before July 1,
2019	1999.
2020	(3)  Proof of compliance with the screening requirements of
2021	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
2022	s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
2023	must be accepted in lieu of the requirements of this section if
2024	the person has been continuously employed in the same type of
2025	occupation for which he or she is seeking employment without a
2026	breach in service that exceeds 180 days, the proof of compliance
2027	is not more than 2 years old, and the person has been screened
2028	by the Department of Law Enforcement. An employer or contractor
2029	shall directly provide proof of compliance to another employer
2030	or contractor, and a potential employer or contractor may not
2031	accept any proof of compliance directly from the person
2032	requiring screening. Proof of compliance with the screening
2033	requirements of this section shall be provided, upon request, to
2034	the person screened by the home medical equipment provider.
2035	(4)  There is no monetary liability on the part of, and no
2036	cause of action for damages arising against, a licensed home
2037	medical equipment provider that, upon notice that an employee
2038	has been found guilty of, regardless of adjudication, or entered
2039	a plea of nolo contendere or guilty to, any offense prohibited
2040	under s. 435.03 or under any similar statute of another
2041	jurisdiction, terminates the employee, whether or not the
2042	employee has filed for an exemption with the agency and whether
2043	or not the time for filing has expired.
2044	(5)  The costs of processing the statewide correspondence
2045	criminal records checks must be borne by the home medical
2046	equipment provider or by the person being screened, at the
2047	discretion of the home medical equipment provider.
2048	(6)  Neither the agency nor the home medical equipment
2049	provider may use the criminal records or juvenile records of a
2050	person for any purpose other than determining whether that
2051	person meets minimum standards of good moral character for home
2052	medical equipment provider personnel.
2053	(7)(a)  It is a misdemeanor of the first degree, punishable
2054	as provided in s. 775.082 or s. 775.083, for any person
2055	willfully, knowingly, or intentionally to:
2056	1.  Fail, by false statement, misrepresentation,
2057	impersonation, or other fraudulent means, to disclose in any
2058	application for paid employment a material fact used in making a
2059	determination as to the person's qualifications to be an
2060	employee under this section;
2061	2.  Operate or attempt to operate an entity licensed under
2062	this part with persons who do not meet the minimum standards for
2063	good moral character as contained in this section; or
2064	3.  Use information from the criminal records obtained
2065	under this section for any purpose other than screening that
2066	person for employment as specified in this section, or release
2067	such information to any other person for any purpose other than
2068	screening for employment under this section.
2069	(b)  It is a felony of the third degree, punishable as
2070	provided in s. 775.082, s. 775.083, or s. 775.084, for any
2071	person willfully, knowingly, or intentionally to use information
2072	from the juvenile records of a person obtained under this
2073	section for any purpose other than screening for employment
2074	under this section.
2075	Section 28.  For the purpose of incorporating the amendment
2076	to section 435.03, Florida Statutes, in references thereto,
2077	subsection (32) of section 409.912, Florida Statutes, is
2078	reenacted to read:
2079	409.912  Cost-effective purchasing of health care.--The
2080	agency shall purchase goods and services for Medicaid recipients
2081	in the most cost-effective manner consistent with the delivery
2082	of quality medical care. The agency shall maximize the use of
2083	prepaid per capita and prepaid aggregate fixed-sum basis
2084	services when appropriate and other alternative service delivery
2085	and reimbursement methodologies, including competitive bidding
2086	pursuant to s. 287.057, designed to facilitate the cost-
2087	effective purchase of a case-managed continuum of care. The
2088	agency shall also require providers to minimize the exposure of
2089	recipients to the need for acute inpatient, custodial, and other
2090	institutional care and the inappropriate or unnecessary use of
2091	high-cost services. The agency may establish prior authorization
2092	requirements for certain populations of Medicaid beneficiaries,
2093	certain drug classes, or particular drugs to prevent fraud,
2094	abuse, overuse, and possible dangerous drug interactions. The
2095	Pharmaceutical and Therapeutics Committee shall make
2096	recommendations to the agency on drugs for which prior
2097	authorization is required. The agency shall inform the
2098	Pharmaceutical and Therapeutics Committee of its decisions
2099	regarding drugs subject to prior authorization.
2100	(32)  Each managed care plan that is under contract with
2101	the agency to provide health care services to Medicaid
2102	recipients shall annually conduct a background check with the
2103	Florida Department of Law Enforcement of all persons with
2104	ownership interest of 5 percent or more or executive management
2105	responsibility for the managed care plan and shall submit to the
2106	agency information concerning any such person who has been found
2107	guilty of, regardless of adjudication, or has entered a plea of
2108	nolo contendere or guilty to, any of the offenses listed in s.
2109	435.03.
2110	Section 29.  For the purpose of incorporating the amendment
2111	to section 435.03, Florida Statutes, in references thereto,
2112	subsection (4) of section 435.07, Florida Statutes, is reenacted
2113	to read:
2114	435.07  Exemptions from disqualification.--Unless otherwise
2115	provided by law, the provisions of this section shall apply to
2116	exemptions from disqualification.
2117	(4)  Disqualification from employment under subsection (1)
2118	may not be removed from, nor may an exemption be granted to, any
2119	personnel who is found guilty of, regardless of adjudication, or
2120	who has entered a plea of nolo contendere or guilty to, any
2121	felony covered by s. 435.03 solely by reason of any pardon,
2122	executive clemency, or restoration of civil rights.
2123	Section 30.  For the purpose of incorporating the amendment
2124	to section 435.03, Florida Statutes, in references thereto,
2125	paragraph (e) of subsection (1) of section 464.018, Florida
2126	Statutes, is reenacted to read:
2127	464.018  Disciplinary actions.--
2128	(1)  The following acts constitute grounds for denial of a
2129	license or disciplinary action, as specified in s. 456.072(2):
2130	(e)  Having been found guilty of, regardless of
2131	adjudication, or entered a plea of nolo contendere or guilty to,
2132	any offense prohibited under s. 435.03 or under any similar
2133	statute of another jurisdiction; or having committed an act
2134	which constitutes domestic violence as defined in s. 741.28.
2135	Section 31.  For the purpose of incorporating the amendment
2136	to section 435.03, Florida Statutes, in references thereto,
2137	subsection (3) of section 744.309, Florida Statutes, is
2138	reenacted to read:
2139	744.309  Who may be appointed guardian of a resident
2140	ward.--
2141	(3)  DISQUALIFIED PERSONS.--No person who has been
2142	convicted of a felony or who, from any incapacity or illness, is
2143	incapable of discharging the duties of a guardian, or who is
2144	otherwise unsuitable to perform the duties of a guardian, shall
2145	be appointed to act as guardian. Further, no person who has been
2146	judicially determined to have committed abuse, abandonment, or
2147	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2148	(2), and (37), or who has been found guilty of, regardless of
2149	adjudication, or entered a plea of nolo contendere or guilty to,
2150	any offense prohibited under s. 435.03 or under any similar
2151	statute of another jurisdiction, shall be appointed to act as a
2152	guardian. Except as provided in subsection (5) or subsection
2153	(6), a person who provides substantial services to the proposed
2154	ward in a professional or business capacity, or a creditor of
2155	the proposed ward, may not be appointed guardian and retain that
2156	previous professional or business relationship. A person may not
2157	be appointed a guardian if he or she is in the employ of any
2158	person, agency, government, or corporation that provides service
2159	to the proposed ward in a professional or business capacity,
2160	except that a person so employed may be appointed if he or she
2161	is the spouse, adult child, parent, or sibling of the proposed
2162	ward or the court determines that the potential conflict of
2163	interest is insubstantial and that the appointment would clearly
2164	be in the proposed ward's best interest. The court may not
2165	appoint a guardian in any other circumstance in which a conflict
2166	of interest may occur.
2167	Section 32.  For the purpose of incorporating the amendment
2168	to section 435.03, Florida Statutes, in references thereto,
2169	subsection (12) of section 744.474, Florida Statutes, is
2170	reenacted to read:
2171	744.474  Reasons for removal of guardian.--A guardian may
2172	be removed for any of the following reasons, and the removal
2173	shall be in addition to any other penalties prescribed by law:
2174	(12)  Having been found guilty of, regardless of
2175	adjudication, or entered a plea of nolo contendere or guilty to,
2176	any offense prohibited under s. 435.03 or under any similar
2177	statute of another jurisdiction.
2178	Section 33.  For the purpose of incorporating the amendment
2179	to section 435.03, Florida Statutes, in references thereto,
2180	subsection (4) of section 985.407, Florida Statutes, is
2181	reenacted to read:
2182	985.407  Departmental contracting powers; personnel
2183	standards and screening.--
2184	(4)  The department shall require employment screening
2185	pursuant to chapter 435, using the level 1 standards for
2186	screening set forth in that chapter, for personnel in
2187	delinquency facilities, services, and programs.
2188	Section 34.  For the purpose of incorporating the amendment
2189	to section 435.04, Florida Statutes, in references thereto,
2190	paragraph (b) of subsection (2) of section 39.001, Florida
2191	Statutes, is reenacted to read:
2192	39.001  Purposes and intent; personnel standards and
2193	screening.--
2194	(2)  DEPARTMENT CONTRACTS.--The department may contract
2195	with the Federal Government, other state departments and
2196	agencies, county and municipal governments and agencies, public
2197	and private agencies, and private individuals and corporations
2198	in carrying out the purposes of, and the responsibilities
2199	established in, this chapter.
2200	(b)  The department shall require employment screening, and
2201	rescreening no less frequently than once every 5 years, pursuant
2202	to chapter 435, using the level 2 standards set forth in that
2203	chapter for personnel in programs for children or youths.
2204	Section 35.  For the purpose of incorporating the amendment
2205	to section 435.04, Florida Statutes, in references thereto,
2206	subsection (1) of section 39.821, Florida Statutes, is reenacted
2207	to read:
2208	39.821  Qualifications of guardians ad litem.--
2209	(1)  Because of the special trust or responsibility placed
2210	in a guardian ad litem, the Guardian Ad Litem Program may use
2211	any private funds collected by the program, or any state funds
2212	so designated, to conduct a security background investigation
2213	before certifying a volunteer to serve. A security background
2214	investigation must include, but need not be limited to,
2215	employment history checks, checks of references, local criminal
2216	records checks through local law enforcement agencies, and
2217	statewide criminal records checks through the Department of Law
2218	Enforcement. Upon request, an employer shall furnish a copy of
2219	the personnel record for the employee or former employee who is
2220	the subject of a security background investigation conducted
2221	under this section. The information contained in the personnel
2222	record may include, but need not be limited to, disciplinary
2223	matters and the reason why the employee was terminated from
2224	employment. An employer who releases a personnel record for
2225	purposes of a security background investigation is presumed to
2226	have acted in good faith and is not liable for information
2227	contained in the record without a showing that the employer
2228	maliciously falsified the record. A security background
2229	investigation conducted under this section must ensure that a
2230	person is not certified as a guardian ad litem if the person has
2231	been convicted of, regardless of adjudication, or entered a plea
2232	of nolo contendere or guilty to, any offense prohibited under
2233	the provisions of the Florida Statutes specified in s. 435.04(2)
2234	or under any similar law in another jurisdiction. Before
2235	certifying an applicant to serve as a guardian ad litem, the
2236	chief judge of the circuit court may request a federal criminal
2237	records check of the applicant through the Federal Bureau of
2238	Investigation. In analyzing and evaluating the information
2239	obtained in the security background investigation, the program
2240	must give particular emphasis to past activities involving
2241	children, including, but not limited to, child-related criminal
2242	offenses or child abuse. The program has the sole discretion in
2243	determining whether to certify a person based on his or her
2244	security background investigation. The information collected
2245	pursuant to the security background investigation is
2246	confidential and exempt from s. 119.07(1).
2247	Section 36.  For the purpose of incorporating the amendment
2248	to section 435.04, Florida Statutes, in references thereto,
2249	paragraphs (a) and (c) of subsection (3) of section 110.1127,
2250	Florida Statutes, are reenacted to read:
2251	110.1127  Employee security checks.--
2252	(3)(a)  All positions in programs providing care to
2253	children, the developmentally disabled, or vulnerable adults for
2254	15 hours or more per week; all permanent and temporary employee
2255	positions of the central abuse hotline; and all persons working
2256	under contract who have access to abuse records are deemed to be
2257	persons and positions of special trust or responsibility, and
2258	require employment screening pursuant to chapter 435, using the
2259	level 2 standards set forth in that chapter.
2260	(c)  All persons and employees in such positions of trust
2261	or responsibility shall be required to undergo security
2262	background investigations as a condition of employment and
2263	continued employment. For the purposes of this subsection,
2264	security background investigations shall be conducted as
2265	provided in chapter 435, using the level 2 standards for
2266	screening set forth in that chapter.
2267	Section 37.  For the purpose of incorporating the amendment
2268	to section 435.04, Florida Statutes, in references thereto,
2269	paragraph (a) of subsection (12) of section 112.0455, Florida
2270	Statutes, is reenacted to read:
2271	112.0455  Drug-Free Workplace Act.--
2272	(12)  DRUG-TESTING STANDARDS; LABORATORIES.--
2273	(a)  A laboratory may analyze initial or confirmation drug
2274	specimens only if:
2275	1.  The laboratory is licensed and approved by the Agency
2276	for Health Care Administration using criteria established by the
2277	United States Department of Health and Human Services as general
2278	guidelines for modeling the state drug testing program. Each
2279	applicant for licensure must comply with the following
2280	requirements:
2281	a.  Upon receipt of a completed, signed, and dated
2282	application, the agency shall require background screening, in
2283	accordance with the level 2 standards for screening set forth in
2284	chapter 435, of the managing employee, or other similarly titled
2285	individual responsible for the daily operation of the
2286	laboratory, and of the financial officer, or other similarly
2287	titled individual who is responsible for the financial operation
2288	of the laboratory, including billings for services. The
2289	applicant must comply with the procedures for level 2 background
2290	screening as set forth in chapter 435, as well as the
2291	requirements of s. 435.03(3).
2292	b.  The agency may require background screening of any
2293	other individual who is an applicant if the agency has probable
2294	cause to believe that he or she has been convicted of an offense
2295	prohibited under the level 2 standards for screening set forth
2296	in chapter 435.
2297	c.  Proof of compliance with the level 2 background
2298	screening requirements of chapter 435 which has been submitted
2299	within the previous 5 years in compliance with any other health
2300	care licensure requirements of this state is acceptable in
2301	fulfillment of screening requirements.
2302	d.  A provisional license may be granted to an applicant
2303	when each individual required by this section to undergo
2304	background screening has met the standards for the Department of
2305	Law Enforcement background check, but the agency has not yet
2306	received background screening results from the Federal Bureau of
2307	Investigation, or a request for a disqualification exemption has
2308	been submitted to the agency as set forth in chapter 435, but a
2309	response has not yet been issued. A license may be granted to
2310	the applicant upon the agency's receipt of a report of the
2311	results of the Federal Bureau of Investigation background
2312	screening for each individual required by this section to
2313	undergo background screening which confirms that all standards
2314	have been met, or upon the granting of a disqualification
2315	exemption by the agency as set forth in chapter 435. Any other
2316	person who is required to undergo level 2 background screening
2317	may serve in his or her capacity pending the agency's receipt of
2318	the report from the Federal Bureau of Investigation. However,
2319	the person may not continue to serve if the report indicates any
2320	violation of background screening standards and a
2321	disqualification exemption has not been requested of and granted
2322	by the agency as set forth in chapter 435.
2323	e.  Each applicant must submit to the agency, with its
2324	application, a description and explanation of any exclusions,
2325	permanent suspensions, or terminations of the applicant from the
2326	Medicare or Medicaid programs. Proof of compliance with the
2327	requirements for disclosure of ownership and control interests
2328	under the Medicaid or Medicare programs shall be accepted in
2329	lieu of this submission.
2330	f.  Each applicant must submit to the agency a description
2331	and explanation of any conviction of an offense prohibited under
2332	the level 2 standards of chapter 435 by a member of the board of
2333	directors of the applicant, its officers, or any individual
2334	owning 5 percent or more of the applicant. This requirement does
2335	not apply to a director of a not-for-profit corporation or
2336	organization if the director serves solely in a voluntary
2337	capacity for the corporation or organization, does not regularly
2338	take part in the day-to-day operational decisions of the
2339	corporation or organization, receives no remuneration for his or
2340	her services on the corporation or organization's board of
2341	directors, and has no financial interest and has no family
2342	members with a financial interest in the corporation or
2343	organization, provided that the director and the not-for-profit
2344	corporation or organization include in the application a
2345	statement affirming that the director's relationship to the
2346	corporation satisfies the requirements of this sub-subparagraph.
2347	g.  A license may not be granted to any applicant if the
2348	applicant or managing employee has been found guilty of,
2349	regardless of adjudication, or has entered a plea of nolo
2350	contendere or guilty to, any offense prohibited under the level
2351	2 standards for screening set forth in chapter 435, unless an
2352	exemption from disqualification has been granted by the agency
2353	as set forth in chapter 435.
2354	h.  The agency may deny or revoke licensure if the
2355	applicant:
2356	(I)  Has falsely represented a material fact in the
2357	application required by sub-subparagraph e. or sub-subparagraph
2358	f., or has omitted any material fact from the application
2359	required by sub-subparagraph e. or sub-subparagraph f.; or
2360	(II)  Has had prior action taken against the applicant
2361	under the Medicaid or Medicare program as set forth in sub-
2362	subparagraph e.
2363	i.  An application for license renewal must contain the
2364	information required under sub-subparagraphs e. and f.
2365	2.  The laboratory has written procedures to ensure chain
2366	of custody.
2367	3.  The laboratory follows proper quality control
2368	procedures, including, but not limited to:
2369	a.  The use of internal quality controls including the use
2370	of samples of known concentrations which are used to check the
2371	performance and calibration of testing equipment, and periodic
2372	use of blind samples for overall accuracy.
2373	b.  An internal review and certification process for drug
2374	test results, conducted by a person qualified to perform that
2375	function in the testing laboratory.
2376	c.  Security measures implemented by the testing laboratory
2377	to preclude adulteration of specimens and drug test results.
2378	d.  Other necessary and proper actions taken to ensure
2379	reliable and accurate drug test results.
2380	Section 38.  For the purpose of incorporating the amendment
2381	to section 435.04, Florida Statutes, in references thereto,
2382	subsections (1), (2), and (4) of section 381.0059, Florida
2383	Statutes, are reenacted to read:
2384	381.0059  Background screening requirements for school
2385	health services personnel.--
2386	(1)  Pursuant to the provisions of chapter 435, any person
2387	who provides services under a school health services plan
2388	pursuant to s. 381.0056 must meet level 2 screening requirements
2389	as described in s. 435.04. A person may satisfy the requirements
2390	of this subsection by submitting proof of compliance with the
2391	requirements of level 2 screening conducted within 12 months
2392	before the date that person initially provides services under a
2393	school health services plan.
2394	(2)  A person may provide services under a school health
2395	services plan pursuant to s. 381.0056 prior to the completion of
2396	level 2 screening. However, pending the results of the
2397	screening, such person may not be alone with a minor.
2398	(4)  Under penalty of perjury, each person who provides
2399	services under a school health plan pursuant to s. 381.0056 must
2400	attest to meeting the level 2 screening requirements for
2401	participation under the plan and agree to inform his or her
2402	employer immediately if convicted of any disqualifying offense
2403	while providing services under a plan.
2404	Section 39.  For the purpose of incorporating the amendment
2405	to section 435.04, Florida Statutes, in references thereto,
2406	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2407	section 381.60225, Florida Statutes, are reenacted to read:
2408	381.60225  Background screening.--
2409	(1)  Each applicant for certification must comply with the
2410	following requirements:
2411	(a)  Upon receipt of a completed, signed, and dated
2412	application, the Agency for Health Care Administration shall
2413	require background screening, in accordance with the level 2
2414	standards for screening set forth in chapter 435, of the
2415	managing employee, or other similarly titled individual
2416	responsible for the daily operation of the organization, agency,
2417	or entity, and financial officer, or other similarly titled
2418	individual who is responsible for the financial operation of the
2419	organization, agency, or entity, including billings for
2420	services. The applicant must comply with the procedures for
2421	level 2 background screening as set forth in chapter 435, as
2422	well as the requirements of s. 435.03(3).
2423	(b)  The Agency for Health Care Administration may require
2424	background screening of any other individual who is an applicant
2425	if the Agency for Health Care Administration has probable cause
2426	to believe that he or she has been convicted of a crime or has
2427	committed any other offense prohibited under the level 2
2428	standards for screening set forth in chapter 435.
2429	(c)  Proof of compliance with the level 2 background
2430	screening requirements of chapter 435 which has been submitted
2431	within the previous 5 years in compliance with any other health
2432	care licensure requirements of this state is acceptable in
2433	fulfillment of the requirements of paragraph (a).
2434	(d)  A provisional certification may be granted to the
2435	organization, agency, or entity when each individual required by
2436	this section to undergo background screening has met the
2437	standards for the Department of Law Enforcement background
2438	check, but the agency has not yet received background screening
2439	results from the Federal Bureau of Investigation, or a request
2440	for a disqualification exemption has been submitted to the
2441	agency as set forth in chapter 435, but a response has not yet
2442	been issued. A standard certification may be granted to the
2443	organization, agency, or entity upon the agency's receipt of a
2444	report of the results of the Federal Bureau of Investigation
2445	background screening for each individual required by this
2446	section to undergo background screening which confirms that all
2447	standards have been met, or upon the granting of a
2448	disqualification exemption by the agency as set forth in chapter
2449	435. Any other person who is required to undergo level 2
2450	background screening may serve in his or her capacity pending
2451	the agency's receipt of the report from the Federal Bureau of
2452	Investigation. However, the person may not continue to serve if
2453	the report indicates any violation of background screening
2454	standards and a disqualification exemption has not been
2455	requested of and granted by the agency as set forth in chapter
2456	435.
2457	(f)  Each applicant must submit to the agency a description
2458	and explanation of any conviction of an offense prohibited under
2459	the level 2 standards of chapter 435 by a member of the board of
2460	directors of the applicant, its officers, or any individual
2461	owning 5 percent or more of the applicant. This requirement does
2462	not apply to a director of a not-for-profit corporation or
2463	organization if the director serves solely in a voluntary
2464	capacity for the corporation or organization, does not regularly
2465	take part in the day-to-day operational decisions of the
2466	corporation or organization, receives no remuneration for his or
2467	her services on the corporation or organization's board of
2468	directors, and has no financial interest and has no family
2469	members with a financial interest in the corporation or
2470	organization, provided that the director and the not-for-profit
2471	corporation or organization include in the application a
2472	statement affirming that the director's relationship to the
2473	corporation satisfies the requirements of this paragraph.
2474	(g)  The agency may not certify any organization, agency,
2475	or entity if any applicant or managing employee has been found
2476	guilty of, regardless of adjudication, or has entered a plea of
2477	nolo contendere or guilty to, any offense prohibited under the
2478	level 2 standards for screening set forth in chapter 435, unless
2479	an exemption from disqualification has been granted by the
2480	agency as set forth in chapter 435.
2481	Section 40.  For the purpose of incorporating the amendment
2482	to section 435.04, Florida Statutes, in references thereto,
2483	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2484	section 383.305, Florida Statutes, are reenacted to read:
2485	383.305  Licensure; issuance, renewal, denial, suspension,
2486	revocation; fees; background screening.--
2487	(7)  Each applicant for licensure must comply with the
2488	following requirements:
2489	(a)  Upon receipt of a completed, signed, and dated
2490	application, the agency shall require background screening, in
2491	accordance with the level 2 standards for screening set forth in
2492	chapter 435, of the managing employee, or other similarly titled
2493	individual who is responsible for the daily operation of the
2494	center, and of the financial officer, or other similarly titled
2495	individual who is responsible for the financial operation of the
2496	center, including billings for patient care and services. The
2497	applicant must comply with the procedures for level 2 background
2498	screening as set forth in chapter 435 as well as the
2499	requirements of s. 435.03(3).
2500	(b)  The agency may require background screening of any
2501	other individual who is an applicant if the agency has probable
2502	cause to believe that he or she has been convicted of a crime or
2503	has committed any other offense prohibited under the level 2
2504	standards for screening set forth in chapter 435.
2505	(c)  Proof of compliance with the level 2 background
2506	screening requirements of chapter 435 which has been submitted
2507	within the previous 5 years in compliance with any other health
2508	care licensure requirements of this state is acceptable in
2509	fulfillment of the requirements of paragraph (a).
2510	(d)  A provisional license may be granted to an applicant
2511	when each individual required by this section to undergo
2512	background screening has met the standards for the Department of
2513	Law Enforcement background check, but the agency has not yet
2514	received background screening results from the Federal Bureau of
2515	Investigation, or a request for a disqualification exemption has
2516	been submitted to the agency as set forth in chapter 435 but a
2517	response has not yet been issued. A standard license may be
2518	granted to the applicant upon the agency's receipt of a report
2519	of the results of the Federal Bureau of Investigation background
2520	screening for each individual required by this section to
2521	undergo background screening which confirms that all standards
2522	have been met, or upon the granting of a disqualification
2523	exemption by the agency as set forth in chapter 435. Any other
2524	person who is required to undergo level 2 background screening
2525	may serve in his or her capacity pending the agency's receipt of
2526	the report from the Federal Bureau of Investigation. However,
2527	the person may not continue to serve if the report indicates any
2528	violation of background screening standards and a
2529	disqualification exemption has not been requested of and granted
2530	by the agency as set forth in chapter 435.
2531	(f)  Each applicant must submit to the agency a description
2532	and explanation of any conviction of an offense prohibited under
2533	the level 2 standards of chapter 435 by a member of the board of
2534	directors of the applicant, its officers, or any individual
2535	owning 5 percent or more of the applicant. This requirement does
2536	not apply to a director of a not-for-profit corporation or
2537	organization if the director serves solely in a voluntary
2538	capacity for the corporation or organization, does not regularly
2539	take part in the day-to-day operational decisions of the
2540	corporation or organization, receives no remuneration for his or
2541	her services on the corporation or organization's board of
2542	directors, and has no financial interest and has no family
2543	members with a financial interest in the corporation or
2544	organization, provided that the director and the not-for-profit
2545	corporation or organization include in the application a
2546	statement affirming that the director's relationship to the
2547	corporation satisfies the requirements of this paragraph.
2548	(g)  A license may not be granted to an applicant if the
2549	applicant or managing employee has been found guilty of,
2550	regardless of adjudication, or has entered a plea of nolo
2551	contendere or guilty to, any offense prohibited under the level
2552	2 standards for screening set forth in chapter 435, unless an
2553	exemption from disqualification has been granted by the agency
2554	as set forth in chapter 435.
2555	Section 41.  For the purpose of incorporating the amendment
2556	to section 435.04, Florida Statutes, in references thereto,
2557	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2558	section 390.015, Florida Statutes, are reenacted to read:
2559	390.015  Application for license.--
2560	(3)  Each applicant for licensure must comply with the
2561	following requirements:
2562	(a)  Upon receipt of a completed, signed, and dated
2563	application, the agency shall require background screening, in
2564	accordance with the level 2 standards for screening set forth in
2565	chapter 435, of the managing employee, or other similarly titled
2566	individual who is responsible for the daily operation of the
2567	clinic, and financial officer, or other similarly titled
2568	individual who is responsible for the financial operation of the
2569	clinic, including billings for patient care and services. The
2570	applicant must comply with the procedures for level 2 background
2571	screening as set forth in chapter 435, as well as the
2572	requirements of s. 435.03(3).
2573	(b)  The agency may require background screening of any
2574	other individual who is an applicant if the agency has probable
2575	cause to believe that he or she has been convicted of a crime or
2576	has committed any other offense prohibited under the level 2
2577	standards for screening set forth in chapter 435.
2578	(c)  Proof of compliance with the level 2 background
2579	screening requirements of chapter 435 which has been submitted
2580	within the previous 5 years in compliance with any other health
2581	care licensure requirements of this state is acceptable in
2582	fulfillment of the requirements of paragraph (a).
2583	(d)  A provisional license may be granted to an applicant
2584	when each individual required by this section to undergo
2585	background screening has met the standards for the Department of
2586	Law Enforcement background check, but the agency has not yet
2587	received background screening results from the Federal Bureau of
2588	Investigation, or a request for a disqualification exemption has
2589	been submitted to the agency as set forth in chapter 435 but a
2590	response has not yet been issued. A standard license may be
2591	granted to the applicant upon the agency's receipt of a report
2592	of the results of the Federal Bureau of Investigation background
2593	screening for each individual required by this section to
2594	undergo background screening which confirms that all standards
2595	have been met, or upon the granting of a disqualification
2596	exemption by the agency as set forth in chapter 435. Any other
2597	person who is required to undergo level 2 background screening
2598	may serve in his or her capacity pending the agency's receipt of
2599	the report from the Federal Bureau of Investigation. However,
2600	the person may not continue to serve if the report indicates any
2601	violation of background screening standards and a
2602	disqualification exemption has not been requested of and granted
2603	by the agency as set forth in chapter 435.
2604	(f)  Each applicant must submit to the agency a description
2605	and explanation of any conviction of an offense prohibited under
2606	the level 2 standards of chapter 435 by a member of the board of
2607	directors of the applicant, its officers, or any individual
2608	owning 5 percent or more of the applicant. This requirement does
2609	not apply to a director of a not-for-profit corporation or
2610	organization if the director serves solely in a voluntary
2611	capacity for the corporation or organization, does not regularly
2612	take part in the day-to-day operational decisions of the
2613	corporation or organization, receives no remuneration for his or
2614	her services on the corporation or organization's board of
2615	directors, and has no financial interest and has no family
2616	members with a financial interest in the corporation or
2617	organization, provided that the director and the not-for-profit
2618	corporation or organization include in the application a
2619	statement affirming that the director's relationship to the
2620	corporation satisfies the requirements of this paragraph.
2621	(g)  A license may not be granted to an applicant if the
2622	applicant or managing employee has been found guilty of,
2623	regardless of adjudication, or has entered a plea of nolo
2624	contendere or guilty to, any offense prohibited under the level
2625	2 standards for screening set forth in chapter 435, unless an
2626	exemption from disqualification has been granted by the agency
2627	as set forth in chapter 435.
2628	Section 42.  For the purpose of incorporating the amendment
2629	to section 435.04, Florida Statutes, in references thereto,
2630	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2631	of section 394.875, Florida Statutes, are reenacted to read:
2632	394.875  Crisis stabilization units, residential treatment
2633	facilities, and residential treatment centers for children and
2634	adolescents; authorized services; license required; penalties.--
2635	(13)  Each applicant for licensure must comply with the
2636	following requirements:
2637	(a)  Upon receipt of a completed, signed, and dated
2638	application, the agency shall require background screening, in
2639	accordance with the level 2 standards for screening set forth in
2640	chapter 435, of the managing employee and financial officer, or
2641	other similarly titled individual who is responsible for the
2642	financial operation of the facility, including billings for
2643	client care and services. The applicant must comply with the
2644	procedures for level 2 background screening as set forth in
2645	chapter 435, as well as the requirements of s. 435.03(3).
2646	(b)  The agency may require background screening of any
2647	other individual who is an applicant if the agency has probable
2648	cause to believe that he or she has been convicted of a crime or
2649	has committed any other offense prohibited under the level 2
2650	standards for screening set forth in chapter 435.
2651	(c)  Proof of compliance with the level 2 background
2652	screening requirements of chapter 435 which has been submitted
2653	within the previous 5 years in compliance with any other health
2654	care licensure requirements of this state is acceptable in
2655	fulfillment of the requirements of paragraph (a).
2656	(d)  A provisional license may be granted to an applicant
2657	when each individual required by this section to undergo
2658	background screening has met the standards for the Department of
2659	Law Enforcement background check, but the agency has not yet
2660	received background screening results from the Federal Bureau of
2661	Investigation, or a request for a disqualification exemption has
2662	been submitted to the agency as set forth in chapter 435, but a
2663	response has not yet been issued. A standard license may be
2664	granted to the applicant upon the agency's receipt of a report
2665	of the results of the Federal Bureau of Investigation background
2666	screening for each individual required by this section to
2667	undergo background screening which confirms that all standards
2668	have been met, or upon the granting of a disqualification
2669	exemption by the agency as set forth in chapter 435. Any other
2670	person who is required to undergo level 2 background screening
2671	may serve in his or her capacity pending the agency's receipt of
2672	the report from the Federal Bureau of Investigation. However,
2673	the person may not continue to serve if the report indicates any
2674	violation of background screening standards and a
2675	disqualification exemption has not been requested of and granted
2676	by the agency as set forth in chapter 435.
2677	(f)  Each applicant must submit to the agency a description
2678	and explanation of any conviction of an offense prohibited under
2679	the level 2 standards of chapter 435 by a member of the board of
2680	directors of the applicant, its officers, or any individual
2681	owning 5 percent or more of the applicant. This requirement does
2682	not apply to a director of a not-for-profit corporation or
2683	organization if the director serves solely in a voluntary
2684	capacity for the corporation or organization, does not regularly
2685	take part in the day-to-day operational decisions of the
2686	corporation or organization, receives no remuneration for his or
2687	her services on the corporation or organization's board of
2688	directors, and has no financial interest and has no family
2689	members with a financial interest in the corporation or
2690	organization, provided that the director and the not-for-profit
2691	corporation or organization include in the application a
2692	statement affirming that the director's relationship to the
2693	corporation satisfies the requirements of this paragraph.
2694	(g)  A license may not be granted to an applicant if the
2695	applicant or managing employee has been found guilty of,
2696	regardless of adjudication, or has entered a plea of nolo
2697	contendere or guilty to, any offense prohibited under the level
2698	2 standards for screening set forth in chapter 435, unless an
2699	exemption from disqualification has been granted by the agency
2700	as set forth in chapter 435.
2701	Section 43.  For the purpose of incorporating the amendment
2702	to section 435.04, Florida Statutes, in references thereto,
2703	subsections (1), (2), (3), (4), (6), and (8) of section
2704	395.0055, Florida Statutes, are reenacted to read:
2705	395.0055  Background screening.--Each applicant for
2706	licensure must comply with the following requirements:
2707	(1)  Upon receipt of a completed, signed, and dated
2708	application, the agency shall require background screening of
2709	the managing employee in accordance with the level 2 standards
2710	for screening set forth in chapter 435, as well as the
2711	requirements of s. 435.03(3).
2712	(2)  The agency may require background screening for a
2713	member of the board of directors of the licensee, or an officer
2714	or an individual owning 5 percent or more of the licensee, if
2715	the agency has probable cause to believe that such individual
2716	has been convicted of an offense prohibited under the level 2
2717	standards for screening set forth in chapter 435.
2718	(3)  Proof of compliance with the level 2 background
2719	screening requirements of chapter 435 which has been submitted
2720	within the previous 5 years in compliance with any other health
2721	care licensure requirements of this state is acceptable in
2722	fulfillment of subsection (1).
2723	(4)  A provisional license may be granted to an applicant
2724	when each individual required by this section to undergo
2725	background screening has met the standards for the Department of
2726	Law Enforcement background check, but the agency has not yet
2727	received background screening results from the Federal Bureau of
2728	Investigation, or a request for a disqualification exemption has
2729	been submitted to the agency as set forth in chapter 435 but a
2730	response has not yet been issued. A standard license may be
2731	granted to the applicant upon the agency's receipt of a report
2732	of the results of the Federal Bureau of Investigation background
2733	screening for each individual required by this section to
2734	undergo background screening which confirms that all standards
2735	have been met, or upon the granting of a disqualification
2736	exemption by the agency as set forth in chapter 435. Any other
2737	person who is required to undergo level 2 background screening
2738	may serve in his or her capacity pending the agency's receipt of
2739	the report from the Federal Bureau of Investigation; however,
2740	the person may not continue to serve if the report indicates any
2741	violation of background screening standards and a
2742	disqualification exemption has not been requested of and granted
2743	by the agency as set forth in chapter 435.
2744	(6)  Each applicant must submit to the agency a description
2745	and explanation of any conviction of an offense prohibited under
2746	the level 2 standards of chapter 435 by a member of the board of
2747	directors of the applicant, its officers, or any individual
2748	owning 5 percent or more of the applicant.
2749	(8)  A license may not be granted to an applicant if the
2750	applicant or managing employee has been found guilty of,
2751	regardless of adjudication, or has entered a plea of nolo
2752	contendere or guilty to, any offense prohibited under the level
2753	2 standards for screening set forth in chapter 435, unless an
2754	exemption from disqualification has been granted by the agency
2755	as set forth in chapter 435.
2756	Section 44.  For the purpose of incorporating the amendment
2757	to section 435.04, Florida Statutes, in references thereto,
2758	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2759	section 395.0199, Florida Statutes, are reenacted to read:
2760	395.0199  Private utilization review.--
2761	(4)  Each applicant for registration must comply with the
2762	following requirements:
2763	(a)  Upon receipt of a completed, signed, and dated
2764	application, the agency shall require background screening, in
2765	accordance with the level 2 standards for screening set forth in
2766	chapter 435, of the managing employee or other similarly titled
2767	individual who is responsible for the operation of the entity.
2768	The applicant must comply with the procedures for level 2
2769	background screening as set forth in chapter 435, as well as the
2770	requirements of s. 435.03(3).
2771	(b)  The agency may require background screening of any
2772	other individual who is an applicant, if the agency has probable
2773	cause to believe that he or she has been convicted of a crime or
2774	has committed any other offense prohibited under the level 2
2775	standards for screening set forth in chapter 435.
2776	(c)  Proof of compliance with the level 2 background
2777	screening requirements of chapter 435 which has been submitted
2778	within the previous 5 years in compliance with any other health
2779	care licensure requirements of this state is acceptable in
2780	fulfillment of the requirements of paragraph (a).
2781	(d)  A provisional registration may be granted to an
2782	applicant when each individual required by this section to
2783	undergo background screening has met the standards for the
2784	Department of Law Enforcement background check, but the agency
2785	has not yet received background screening results from the
2786	Federal Bureau of Investigation, or a request for a
2787	disqualification exemption has been submitted to the agency as
2788	set forth in chapter 435 but a response has not yet been issued.
2789	A standard registration may be granted to the applicant upon the
2790	agency's receipt of a report of the results of the Federal
2791	Bureau of Investigation background screening for each individual
2792	required by this section to undergo background screening which
2793	confirms that all standards have been met, or upon the granting
2794	of a disqualification exemption by the agency as set forth in
2795	chapter 435. Any other person who is required to undergo level 2
2796	background screening may serve in his or her capacity pending
2797	the agency's receipt of the report from the Federal Bureau of
2798	Investigation. However, the person may not continue to serve if
2799	the report indicates any violation of background screening
2800	standards and a disqualification exemption has not been
2801	requested of and granted by the agency as set forth in chapter
2802	435.
2803	(f)  Each applicant must submit to the agency a description
2804	and explanation of any conviction of an offense prohibited under
2805	the level 2 standards of chapter 435 by a member of the board of
2806	directors of the applicant, its officers, or any individual
2807	owning 5 percent or more of the applicant. This requirement does
2808	not apply to a director of a not-for-profit corporation or
2809	organization if the director serves solely in a voluntary
2810	capacity for the corporation or organization, does not regularly
2811	take part in the day-to-day operational decisions of the
2812	corporation or organization, receives no remuneration for his or
2813	her services on the corporation or organization's board of
2814	directors, and has no financial interest and has no family
2815	members with a financial interest in the corporation or
2816	organization, provided that the director and the not-for-profit
2817	corporation or organization include in the application a
2818	statement affirming that the director's relationship to the
2819	corporation satisfies the requirements of this paragraph.
2820	(g)  A registration may not be granted to an applicant if
2821	the applicant or managing employee has been found guilty of,
2822	regardless of adjudication, or has entered a plea of nolo
2823	contendere or guilty to, any offense prohibited under the level
2824	2 standards for screening set forth in chapter 435, unless an
2825	exemption from disqualification has been granted by the agency
2826	as set forth in chapter 435.
2827	Section 45.  For the purpose of incorporating the amendment
2828	to section 435.04, Florida Statutes, in references thereto,
2829	paragraph (a) of subsection (1) of section 397.451, Florida
2830	Statutes, is reenacted to read:
2831	397.451  Background checks of service provider personnel.--
2832	(1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2833	EXCEPTIONS.--
2834	(a)  Background checks shall apply as follows:
2835	1.  All owners, directors, and chief financial officers of
2836	service providers are subject to level 2 background screening as
2837	provided under chapter 435.
2838	2.  All service provider personnel who have direct contact
2839	with children receiving services or with adults who are
2840	developmentally disabled receiving services are subject to level
2841	2 background screening as provided under chapter 435.
2842	Section 46.  For the purpose of incorporating the amendment
2843	to section 435.04, Florida Statutes, in references thereto,
2844	paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2845	section 400.071, Florida Statutes, are reenacted to read:
2846	400.071  Application for license.--
2847	(4)  Each applicant for licensure must comply with the
2848	following requirements:
2849	(a)  Upon receipt of a completed, signed, and dated
2850	application, the agency shall require background screening of
2851	the applicant, in accordance with the level 2 standards for
2852	screening set forth in chapter 435. As used in this subsection,
2853	the term "applicant" means the facility administrator, or
2854	similarly titled individual who is responsible for the day-to-
2855	day operation of the licensed facility, and the facility
2856	financial officer, or similarly titled individual who is
2857	responsible for the financial operation of the licensed
2858	facility.
2859	(b)  The agency may require background screening for a
2860	member of the board of directors of the licensee or an officer
2861	or an individual owning 5 percent or more of the licensee if the
2862	agency has probable cause to believe that such individual has
2863	been convicted of an offense prohibited under the level 2
2864	standards for screening set forth in chapter 435.
2865	(c)  Proof of compliance with the level 2 background
2866	screening requirements of chapter 435 which has been submitted
2867	within the previous 5 years in compliance with any other health
2868	care or assisted living licensure requirements of this state is
2869	acceptable in fulfillment of paragraph (a). Proof of compliance
2870	with background screening which has been submitted within the
2871	previous 5 years to fulfill the requirements of the Financial
2872	Services Commission and the Office of Insurance Regulation
2873	pursuant to chapter 651 as part of an application for a
2874	certificate of authority to operate a continuing care retirement
2875	community is acceptable in fulfillment of the Department of Law
2876	Enforcement and Federal Bureau of Investigation background
2877	check.
2878	(d)  A provisional license may be granted to an applicant
2879	when each individual required by this section to undergo
2880	background screening has met the standards for the Department of
2881	Law Enforcement background check, but the agency has not yet
2882	received background screening results from the Federal Bureau of
2883	Investigation, or a request for a disqualification exemption has
2884	been submitted to the agency as set forth in chapter 435, but a
2885	response has not yet been issued. A license may be granted to
2886	the applicant upon the agency's receipt of a report of the
2887	results of the Federal Bureau of Investigation background
2888	screening for each individual required by this section to
2889	undergo background screening which confirms that all standards
2890	have been met, or upon the granting of a disqualification
2891	exemption by the agency as set forth in chapter 435. Any other
2892	person who is required to undergo level 2 background screening
2893	may serve in his or her capacity pending the agency's receipt of
2894	the report from the Federal Bureau of Investigation; however,
2895	the person may not continue to serve if the report indicates any
2896	violation of background screening standards and a
2897	disqualification exemption has not been requested of and granted
2898	by the agency as set forth in chapter 435.
2899	(f)  Each applicant must submit to the agency a description
2900	and explanation of any conviction of an offense prohibited under
2901	the level 2 standards of chapter 435 by a member of the board of
2902	directors of the applicant, its officers, or any individual
2903	owning 5 percent or more of the applicant. This requirement
2904	shall not apply to a director of a not-for-profit corporation or
2905	organization if the director serves solely in a voluntary
2906	capacity for the corporation or organization, does not regularly
2907	take part in the day-to-day operational decisions of the
2908	corporation or organization, receives no remuneration for his or
2909	her services on the corporation or organization's board of
2910	directors, and has no financial interest and has no family
2911	members with a financial interest in the corporation or
2912	organization, provided that the director and the not-for-profit
2913	corporation or organization include in the application a
2914	statement affirming that the director's relationship to the
2915	corporation satisfies the requirements of this paragraph.
2916	Section 47.  For the purpose of incorporating the amendment
2917	to section 435.04, Florida Statutes, in references thereto,
2918	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2919	section 400.471, Florida Statutes, are reenacted to read:
2920	400.471  Application for license; fee; provisional license;
2921	temporary permit.--
2922	(4)  Each applicant for licensure must comply with the
2923	following requirements:
2924	(a)  Upon receipt of a completed, signed, and dated
2925	application, the agency shall require background screening of
2926	the applicant, in accordance with the level 2 standards for
2927	screening set forth in chapter 435. As used in this subsection,
2928	the term "applicant" means the administrator, or a similarly
2929	titled person who is responsible for the day-to-day operation of
2930	the licensed home health agency, and the financial officer, or
2931	similarly titled individual who is responsible for the financial
2932	operation of the licensed home health agency.
2933	(b)  The agency may require background screening for a
2934	member of the board of directors of the licensee or an officer
2935	or an individual owning 5 percent or more of the licensee if the
2936	agency reasonably suspects that such individual has been
2937	convicted of an offense prohibited under the level 2 standards
2938	for screening set forth in chapter 435.
2939	(c)  Proof of compliance with the level 2 background
2940	screening requirements of chapter 435 which has been submitted
2941	within the previous 5 years in compliance with any other health
2942	care or assisted living licensure requirements of this state is
2943	acceptable in fulfillment of paragraph (a). Proof of compliance
2944	with background screening which has been submitted within the
2945	previous 5 years to fulfill the requirements of the Financial
2946	Services Commission and the Office of Insurance Regulation
2947	pursuant to chapter 651 as part of an application for a
2948	certificate of authority to operate a continuing care retirement
2949	community is acceptable in fulfillment of the Department of Law
2950	Enforcement and Federal Bureau of Investigation background
2951	check.
2952	(d)  A provisional license may be granted to an applicant
2953	when each individual required by this section to undergo
2954	background screening has met the standards for the Department of
2955	Law Enforcement background check, but the agency has not yet
2956	received background screening results from the Federal Bureau of
2957	Investigation. A standard license may be granted to the licensee
2958	upon the agency's receipt of a report of the results of the
2959	Federal Bureau of Investigation background screening for each
2960	individual required by this section to undergo background
2961	screening which confirms that all standards have been met, or
2962	upon the granting of a disqualification exemption by the agency
2963	as set forth in chapter 435. Any other person who is required to
2964	undergo level 2 background screening may serve in his or her
2965	capacity pending the agency's receipt of the report from the
2966	Federal Bureau of Investigation. However, the person may not
2967	continue to serve if the report indicates any violation of
2968	background screening standards and a disqualification exemption
2969	has not been requested of and granted by the agency as set forth
2970	in chapter 435.
2971	(f)  Each applicant must submit to the agency a description
2972	and explanation of any conviction of an offense prohibited under
2973	the level 2 standards of chapter 435 by a member of the board of
2974	directors of the applicant, its officers, or any individual
2975	owning 5 percent or more of the applicant. This requirement does
2976	not apply to a director of a not-for-profit corporation or
2977	organization if the director serves solely in a voluntary
2978	capacity for the corporation or organization, does not regularly
2979	take part in the day-to-day operational decisions of the
2980	corporation or organization, receives no remuneration for his or
2981	her services on the corporation or organization's board of
2982	directors, and has no financial interest and has no family
2983	members with a financial interest in the corporation or
2984	organization, provided that the director and the not-for-profit
2985	corporation or organization include in the application a
2986	statement affirming that the director's relationship to the
2987	corporation satisfies the requirements of this paragraph.
2988	(g)  A license may not be granted to an applicant if the
2989	applicant, administrator, or financial officer has been found
2990	guilty of, regardless of adjudication, or has entered a plea of
2991	nolo contendere or guilty to, any offense prohibited under the
2992	level 2 standards for screening set forth in chapter 435, unless
2993	an exemption from disqualification has been granted by the
2994	agency as set forth in chapter 435.
2995	Section 48.  For the purpose of incorporating the amendment
2996	to section 435.04, Florida Statutes, in references thereto,
2997	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
2998	section 400.506, Florida Statutes, are reenacted to read:
2999	400.506  Licensure of nurse registries; requirements;
3000	penalties.--
3001	(2)  Each applicant for licensure must comply with the
3002	following requirements:
3003	(a)  Upon receipt of a completed, signed, and dated
3004	application, the agency shall require background screening, in
3005	accordance with the level 2 standards for screening set forth in
3006	chapter 435, of the managing employee, or other similarly titled
3007	individual who is responsible for the daily operation of the
3008	nurse registry, and of the financial officer, or other similarly
3009	titled individual who is responsible for the financial operation
3010	of the registry, including billings for patient care and
3011	services. The applicant shall comply with the procedures for
3012	level 2 background screening as set forth in chapter 435.
3013	(b)  The agency may require background screening of any
3014	other individual who is an applicant if the agency has probable
3015	cause to believe that he or she has been convicted of a crime or
3016	has committed any other offense prohibited under the level 2
3017	standards for screening set forth in chapter 435.
3018	(c)  Proof of compliance with the level 2 background
3019	screening requirements of chapter 435 which has been submitted
3020	within the previous 5 years in compliance with any other health
3021	care or assisted living licensure requirements of this state is
3022	acceptable in fulfillment of the requirements of paragraph (a).
3023	(d)  A provisional license may be granted to an applicant
3024	when each individual required by this section to undergo
3025	background screening has met the standards for the Department of
3026	Law Enforcement background check but the agency has not yet
3027	received background screening results from the Federal Bureau of
3028	Investigation. A standard license may be granted to the
3029	applicant upon the agency's receipt of a report of the results
3030	of the Federal Bureau of Investigation background screening for
3031	each individual required by this section to undergo background
3032	screening which confirms that all standards have been met, or
3033	upon the granting of a disqualification exemption by the agency
3034	as set forth in chapter 435. Any other person who is required to
3035	undergo level 2 background screening may serve in his or her
3036	capacity pending the agency's receipt of the report from the
3037	Federal Bureau of Investigation. However, the person may not
3038	continue to serve if the report indicates any violation of
3039	background screening standards and a disqualification exemption
3040	has not been requested of and granted by the agency as set forth
3041	in chapter 435.
3042	(f)  Each applicant must submit to the agency a description
3043	and explanation of any conviction of an offense prohibited under
3044	the level 2 standards of chapter 435 by a member of the board of
3045	directors of the applicant, its officers, or any individual
3046	owning 5 percent or more of the applicant. This requirement does
3047	not apply to a director of a not-for-profit corporation or
3048	organization if the director serves solely in a voluntary
3049	capacity for the corporation or organization, does not regularly
3050	take part in the day-to-day operational decisions of the
3051	corporation or organization, receives no remuneration for his or
3052	her services on the corporation or organization's board of
3053	directors, and has no financial interest and has no family
3054	members with a financial interest in the corporation or
3055	organization, provided that the director and the not-for-profit
3056	corporation or organization include in the application a
3057	statement affirming that the director's relationship to the
3058	corporation satisfies the requirements of this paragraph.
3059	(g)  A license may not be granted to an applicant if the
3060	applicant or managing employee has been found guilty of,
3061	regardless of adjudication, or has entered a plea of nolo
3062	contendere or guilty to, any offense prohibited under the level
3063	2 standards for screening set forth in chapter 435, unless an
3064	exemption from disqualification has been granted by the agency
3065	as set forth in chapter 435.
3066	Section 49.  For the purpose of incorporating the amendment
3067	to section 435.04, Florida Statutes, in references thereto,
3068	section 400.5572, Florida Statutes, is reenacted to read:
3069	400.5572  Background screening.--
3070	(1)(a)  Level 2 background screening must be conducted on
3071	each of the following persons, who shall be considered employees
3072	for the purposes of conducting screening under chapter 435:
3073	1.  The adult day care center owner if an individual, the
3074	operator, and the financial officer.
3075	2.  An officer or board member if the owner of the adult
3076	day care center is a firm, corporation, partnership, or
3077	association, or any person owning 5 percent or more of the
3078	facility, if the agency has probable cause to believe that such
3079	person has been convicted of any offense prohibited by s.
3080	435.04. For each officer, board member, or person owning 5
3081	percent or more who has been convicted of any such offense, the
3082	facility shall submit to the agency a description and
3083	explanation of the conviction at the time of license
3084	application. This subparagraph does not apply to a board member
3085	of a not-for-profit corporation or organization if the board
3086	member serves solely in a voluntary capacity, does not regularly
3087	take part in the day-to-day operational decisions of the
3088	corporation or organization, receives no remuneration for his or
3089	her services, and has no financial interest and has no family
3090	members with a financial interest in the corporation or
3091	organization, provided that the board member and facility submit
3092	a statement affirming that the board member's relationship to
3093	the facility satisfies the requirements of this subparagraph.
3094	(b)  Proof of compliance with level 2 screening standards
3095	which has been submitted within the previous 5 years to meet any
3096	facility or professional licensure requirements of the agency or
3097	the Department of Health satisfies the requirements of this
3098	subsection.
3099	(c)  The agency may grant a provisional license to an adult
3100	day care center applying for an initial license when each
3101	individual required by this subsection to undergo screening has
3102	completed the Department of Law Enforcement background check,
3103	but has not yet received results from the Federal Bureau of
3104	Investigation, or when a request for an exemption from
3105	disqualification has been submitted to the agency pursuant to s.
3106	435.07, but a response has not been issued.
3107	(2)  The owner or administrator of an adult day care center
3108	must conduct level 1 background screening as set forth in
3109	chapter 435 on all employees hired on or after October 1, 1998,
3110	who provide basic services or supportive and optional services
3111	to the participants. Such persons satisfy this requirement if:
3112	(a)  Proof of compliance with level 1 screening
3113	requirements obtained to meet any professional license
3114	requirements in this state is provided and accompanied, under
3115	penalty of perjury, by a copy of the person's current
3116	professional license and an affidavit of current compliance with
3117	the background screening requirements.
3118	(b)  The person required to be screened has been
3119	continuously employed, without a breach in service that exceeds
3120	180 days, in the same type of occupation for which the person is
3121	seeking employment and provides proof of compliance with the
3122	level 1 screening requirement which is no more than 2 years old.
3123	Proof of compliance must be provided directly from one employer
3124	or contractor to another, and not from the person screened. Upon
3125	request, a copy of screening results shall be provided to the
3126	person screened by the employer retaining documentation of the
3127	screening.
3128	(c)  The person required to be screened is employed by a
3129	corporation or business entity or related corporation or
3130	business entity that owns, operates, or manages more than one
3131	facility or agency licensed under this chapter, and for whom a
3132	level 1 screening was conducted by the corporation or business
3133	entity as a condition of initial or continued employment.
3134	Section 50.  For the purpose of incorporating the amendment
3135	to section 435.04, Florida Statutes, in references thereto,
3136	paragraph (a) of subsection (3) of section 400.607, Florida
3137	Statutes, is reenacted to read:
3138	400.607  Denial, suspension, or revocation of license;
3139	imposition of administrative fine; grounds; injunctions.--
3140	(3)  The agency may deny or revoke a license upon a
3141	determination that:
3142	(a)  Persons subject to level 2 background screening under
3143	s. 400.6065 do not meet the screening standards of s. 435.04,
3144	and exemptions from disqualification have not been provided by
3145	the agency.
3146	Section 51.  For the purpose of incorporating the amendment
3147	to section 435.04, Florida Statutes, in references thereto,
3148	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3149	section 400.801, Florida Statutes, are reenacted to read:
3150	400.801  Homes for special services.--
3151	(4)  Each applicant for licensure must comply with the
3152	following requirements:
3153	(a)  Upon receipt of a completed, signed, and dated
3154	application, the agency shall require background screening, in
3155	accordance with the level 2 standards for screening set forth in
3156	chapter 435, of the managing employee, or other similarly titled
3157	individual who is responsible for the daily operation of the
3158	facility, and of the financial officer, or other similarly
3159	titled individual who is responsible for the financial operation
3160	of the facility, including billings for client care and
3161	services, in accordance with the level 2 standards for screening
3162	set forth in chapter 435. The applicant must comply with the
3163	procedures for level 2 background screening as set forth in
3164	chapter 435.
3165	(b)  The agency may require background screening of any
3166	other individual who is an applicant if the agency has probable
3167	cause to believe that he or she has been convicted of a crime or
3168	has committed any other offense prohibited under the level 2
3169	standards for screening set forth in chapter 435.
3170	(c)  Proof of compliance with the level 2 background
3171	screening requirements of chapter 435 which has been submitted
3172	within the previous 5 years in compliance with any other health
3173	care or assisted living licensure requirements of this state is
3174	acceptable in fulfillment of the requirements of paragraph (a).
3175	(d)  A provisional license may be granted to an applicant
3176	when each individual required by this section to undergo
3177	background screening has met the standards for the Department of
3178	Law Enforcement background check, but the agency has not yet
3179	received background screening results from the Federal Bureau of
3180	Investigation, or a request for a disqualification exemption has
3181	been submitted to the agency as set forth in chapter 435, but a
3182	response has not yet been issued. A standard license may be
3183	granted to the applicant upon the agency's receipt of a report
3184	of the results of the Federal Bureau of Investigation background
3185	screening for each individual required by this section to
3186	undergo background screening which confirms that all standards
3187	have been met, or upon the granting of a disqualification
3188	exemption by the agency as set forth in chapter 435. Any other
3189	person who is required to undergo level 2 background screening
3190	may serve in his or her capacity pending the agency's receipt of
3191	the report from the Federal Bureau of Investigation. However,
3192	the person may not continue to serve if the report indicates any
3193	violation of background screening standards and a
3194	disqualification exemption has not been requested of and granted
3195	by the agency as set forth in chapter 435.
3196	(f)  Each applicant must submit to the agency a description
3197	and explanation of any conviction of an offense prohibited under
3198	the level 2 standards of chapter 435 by a member of the board of
3199	directors of the applicant, its officers, or any individual
3200	owning 5 percent or more of the applicant. This requirement does
3201	not apply to a director of a not-for-profit corporation or
3202	organization if the director serves solely in a voluntary
3203	capacity for the corporation or organization, does not regularly
3204	take part in the day-to-day operational decisions of the
3205	corporation or organization, receives no remuneration for his or
3206	her services on the corporation or organization's board of
3207	directors, and has no financial interest and has no family
3208	members with a financial interest in the corporation or
3209	organization, provided that the director and the not-for-profit
3210	corporation or organization include in the application a
3211	statement affirming that the director's relationship to the
3212	corporation satisfies the requirements of this paragraph.
3213	(g)  A license may not be granted to an applicant if the
3214	applicant or managing employee has been found guilty of,
3215	regardless of adjudication, or has entered a plea of nolo
3216	contendere or guilty to, any offense prohibited under the level
3217	2 standards for screening set forth in chapter 435, unless an
3218	exemption from disqualification has been granted by the agency
3219	as set forth in chapter 435.
3220	Section 52.  For the purpose of incorporating the amendment
3221	to section 435.04, Florida Statutes, in references thereto,
3222	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3223	section 400.805, Florida Statutes, are reenacted to read:
3224	400.805  Transitional living facilities.--
3225	(3)  Each applicant for licensure must comply with the
3226	following requirements:
3227	(a)  Upon receipt of a completed, signed, and dated
3228	application, the agency shall require background screening, in
3229	accordance with the level 2 standards for screening set forth in
3230	chapter 435, of the managing employee, or other similarly titled
3231	individual who is responsible for the daily operation of the
3232	facility, and of the financial officer, or other similarly
3233	titled individual who is responsible for the financial operation
3234	of the facility, including billings for client care and
3235	services. The applicant must comply with the procedures for
3236	level 2 background screening as set forth in chapter 435.
3237	(b)  The agency may require background screening of any
3238	other individual who is an applicant if the agency has probable
3239	cause to believe that he or she has been convicted of a crime or
3240	has committed any other offense prohibited under the level 2
3241	standards for screening set forth in chapter 435.
3242	(c)  Proof of compliance with the level 2 background
3243	screening requirements of chapter 435 which has been submitted
3244	within the previous 5 years in compliance with any other health
3245	care or assisted living licensure requirements of this state is
3246	acceptable in fulfillment of the requirements of paragraph (a).
3247	(d)  A provisional license may be granted to an applicant
3248	when each individual required by this section to undergo
3249	background screening has met the standards for the Department of
3250	Law Enforcement background check, but the agency has not yet
3251	received background screening results from the Federal Bureau of
3252	Investigation, or a request for a disqualification exemption has
3253	been submitted to the agency as set forth in chapter 435, but a
3254	response has not yet been issued. A standard license may be
3255	granted to the applicant upon the agency's receipt of a report
3256	of the results of the Federal Bureau of Investigation background
3257	screening for each individual required by this section to
3258	undergo background screening which confirms that all standards
3259	have been met, or upon the granting of a disqualification
3260	exemption by the agency as set forth in chapter 435. Any other
3261	person who is required to undergo level 2 background screening
3262	may serve in his or her capacity pending the agency's receipt of
3263	the report from the Federal Bureau of Investigation. However,
3264	the person may not continue to serve if the report indicates any
3265	violation of background screening standards and a
3266	disqualification exemption has not been requested of and granted
3267	by the agency as set forth in chapter 435.
3268	(f)  Each applicant must submit to the agency a description
3269	and explanation of any conviction of an offense prohibited under
3270	the level 2 standards of chapter 435 by a member of the board of
3271	directors of the applicant, its officers, or any individual
3272	owning 5 percent or more of the applicant. This requirement does
3273	not apply to a director of a not-for-profit corporation or
3274	organization if the director serves solely in a voluntary
3275	capacity for the corporation or organization, does not regularly
3276	take part in the day-to-day operational decisions of the
3277	corporation or organization, receives no remuneration for his or
3278	her services on the corporation or organization's board of
3279	directors, and has no financial interest and has no family
3280	members with a financial interest in the corporation or
3281	organization, provided that the director and the not-for-profit
3282	corporation or organization include in the application a
3283	statement affirming that the director's relationship to the
3284	corporation satisfies the requirements of this paragraph.
3285	(g)  A license may not be granted to an applicant if the
3286	applicant or managing employee has been found guilty of,
3287	regardless of adjudication, or has entered a plea of nolo
3288	contendere or guilty to, any offense prohibited under the level
3289	2 standards for screening set forth in chapter 435, unless an
3290	exemption from disqualification has been granted by the agency
3291	as set forth in chapter 435.
3292	Section 53.  For the purpose of incorporating the amendment
3293	to section 435.04, Florida Statutes, in references thereto,
3294	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3295	section 400.906, Florida Statutes, are reenacted to read:
3296	400.906  Initial application for license.--
3297	(5)  Each applicant for licensure must comply with the
3298	following requirements:
3299	(a)  Upon receipt of a completed, signed, and dated
3300	application, the agency shall require background screening, in
3301	accordance with the level 2 standards for screening set forth in
3302	chapter 435, of the operator, and of the financial officer, or
3303	other similarly titled individual who is responsible for the
3304	financial operation of the center, including billings for
3305	patient care and services. The applicant must comply with the
3306	procedures for level 2 background screening as set forth in
3307	chapter 435, as well as the requirements of s. 435.03(3).
3308	(b)  The agency may require background screening of any
3309	other individual who is an applicant if the agency has a
3310	reasonable basis for believing that he or she has been convicted
3311	of a crime or has committed any other offense prohibited under
3312	the level 2 standards for screening set forth in chapter 435.
3313	(c)  Proof of compliance with the level 2 background
3314	screening requirements of chapter 435 which has been submitted
3315	within the previous 5 years in compliance with any other health
3316	care licensure requirements of this state is acceptable in
3317	fulfillment of the requirements of paragraph (a).
3318	(d)  A provisional license may be granted to an applicant
3319	when each individual required by this section to undergo
3320	background screening has met the standards for the Department of
3321	Law Enforcement background check, but the agency has not yet
3322	received background screening results from the Federal Bureau of
3323	Investigation, or a request for a disqualification exemption has
3324	been submitted to the agency as set forth in chapter 435, but a
3325	response has not yet been issued. A standard license may be
3326	granted to the applicant upon the agency's receipt of a report
3327	of the results of the Federal Bureau of Investigation background
3328	screening for each individual required by this section to
3329	undergo background screening which confirms that all standards
3330	have been met, or upon the granting of a disqualification
3331	exemption by the agency as set forth in chapter 435. Any other
3332	person who is required to undergo level 2 background screening
3333	may serve in his or her capacity pending the agency's receipt of
3334	the report from the Federal Bureau of Investigation. However,
3335	the person may not continue to serve if the report indicates any
3336	violation of background screening standards and a
3337	disqualification exemption has not been requested of and granted
3338	by the agency as set forth in chapter 435.
3339	(f)  Each applicant must submit to the agency a description
3340	and explanation of any conviction of an offense prohibited under
3341	the level 2 standards of chapter 435 by a member of the board of
3342	directors of the applicant, its officers, or any individual
3343	owning 5 percent or more of the applicant. This requirement does
3344	not apply to a director of a not-for-profit corporation or
3345	organization if the director serves solely in a voluntary
3346	capacity for the corporation or organization, does not regularly
3347	take part in the day-to-day operational decisions of the
3348	corporation or organization, receives no remuneration for his or
3349	her services on the corporation or organization's board of
3350	directors, and has no financial interest and has no family
3351	members with a financial interest in the corporation or
3352	organization, provided that the director and the not-for-profit
3353	corporation or organization include in the application a
3354	statement affirming that the director's relationship to the
3355	corporation satisfies the requirements of this paragraph.
3356	(g)  A license may not be granted to an applicant if the
3357	applicant or managing employee has been found guilty of,
3358	regardless of adjudication, or has entered a plea of nolo
3359	contendere or guilty to, any offense prohibited under the level
3360	2 standards for screening set forth in chapter 435, unless an
3361	exemption from disqualification has been granted by the agency
3362	as set forth in chapter 435.
3363	Section 54.  For the purpose of incorporating the amendment
3364	to section 435.04, Florida Statutes, in references thereto,
3365	paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3366	section 400.931, Florida Statutes, are reenacted to read:
3367	400.931  Application for license; fee; provisional license;
3368	temporary permit.--
3369	(5)  Each applicant for licensure must comply with the
3370	following requirements:
3371	(a)  Upon receipt of a completed, signed, and dated
3372	application, the agency shall require background screening of
3373	the applicant, in accordance with the level 2 standards for
3374	screening set forth in chapter 435. As used in this subsection,
3375	the term "applicant" means the general manager and the financial
3376	officer or similarly titled individual who is responsible for
3377	the financial operation of the licensed facility.
3378	(b)  The agency may require background screening for a
3379	member of the board of directors of the licensee or an officer
3380	or an individual owning 5 percent or more of the licensee if the
3381	agency has probable cause to believe that such individual has
3382	been convicted of an offense prohibited under the level 2
3383	standards for screening set forth in chapter 435.
3384	(c)  Proof of compliance with the level 2 background
3385	screening requirements of chapter 435 which has been submitted
3386	within the previous 5 years in compliance with any other health
3387	care licensure requirements of this state is acceptable in
3388	fulfillment of paragraph (a).
3389	(e)  Each applicant must submit to the agency a description
3390	and explanation of any conviction of an offense prohibited under
3391	the level 2 standards of chapter 435 by a member of the board of
3392	directors of the applicant, its officers, or any individual
3393	owning 5 percent or more of the applicant. This requirement does
3394	not apply to a director of a not-for-profit corporation or
3395	organization if the director serves solely in a voluntary
3396	capacity for the corporation or organization, does not regularly
3397	take part in the day-to-day operational decisions of the
3398	corporation or organization, receives no remuneration for his or
3399	her services on the corporation's or organization's board of
3400	directors, and has no financial interest and has no family
3401	members with a financial interest in the corporation or
3402	organization, provided that the director and the not-for-profit
3403	corporation or organization include in the application a
3404	statement affirming that the director's relationship to the
3405	corporation satisfies the requirements of this provision.
3406	(f)  A license may not be granted to any potential licensee
3407	if any applicant, administrator, or financial officer has been
3408	found guilty of, regardless of adjudication, or has entered a
3409	plea of nolo contendere or guilty to, any offense prohibited
3410	under the level 2 standards for screening set forth in chapter
3411	435, unless an exemption from disqualification has been granted
3412	by the agency as set forth in chapter 435.
3413	Section 55.  For the purpose of incorporating the amendment
3414	to section 435.04, Florida Statutes, in references thereto,
3415	paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3416	section 400.962, Florida Statutes, are reenacted to read:
3417	400.962  License required; license application.--
3418	(10)(a)  Upon receipt of a completed, signed, and dated
3419	application, the agency shall require background screening of
3420	the applicant, in accordance with the level 2 standards for
3421	screening set forth in chapter 435. As used in this subsection,
3422	the term "applicant" means the facility administrator, or
3423	similarly titled individual who is responsible for the day-to-
3424	day operation of the licensed facility, and the facility
3425	financial officer, or similarly titled individual who is
3426	responsible for the financial operation of the licensed
3427	facility.
3428	(b)  The agency may require background screening for a
3429	member of the board of directors of the licensee or an officer
3430	or an individual owning 5 percent or more of the licensee if the
3431	agency has probable cause to believe that such individual has
3432	been convicted of an offense prohibited under the level 2
3433	standards for screening set forth in chapter 435.
3434	(c)  Proof of compliance with the level 2 background
3435	screening requirements of chapter 435 which has been submitted
3436	within the previous 5 years in compliance with any other
3437	licensure requirements under this chapter satisfies the
3438	requirements of paragraph (a). Proof of compliance with
3439	background screening which has been submitted within the
3440	previous 5 years to fulfill the requirements of the Financial
3441	Services Commission and the Office of Insurance Regulation under
3442	chapter 651 as part of an application for a certificate of
3443	authority to operate a continuing care retirement community
3444	satisfies the requirements for the Department of Law Enforcement
3445	and Federal Bureau of Investigation background checks.
3446	(d)  A provisional license may be granted to an applicant
3447	when each individual required by this section to undergo
3448	background screening has met the standards for the Department of
3449	Law Enforcement background check, but the agency has not yet
3450	received background screening results from the Federal Bureau of
3451	Investigation, or a request for a disqualification exemption has
3452	been submitted to the agency as set forth in chapter 435, but a
3453	response has not yet been issued. A license may be granted to
3454	the applicant upon the agency's receipt of a report of the
3455	results of the Federal Bureau of Investigation background
3456	screening for each individual required by this section to
3457	undergo background screening which confirms that all standards
3458	have been met, or upon the granting of a disqualification
3459	exemption by the agency as set forth in chapter 435. Any other
3460	person who is required to undergo level 2 background screening
3461	may serve in his or her capacity pending the agency's receipt of
3462	the report from the Federal Bureau of Investigation; however,
3463	the person may not continue to serve if the report indicates any
3464	violation of background screening standards and a
3465	disqualification exemption has not been granted by the agency as
3466	set forth in chapter 435.
3467	(f)  Each applicant must submit to the agency a description
3468	and explanation of any conviction of an offense prohibited under
3469	the level 2 standards of chapter 435 by a member of the board of
3470	directors of the applicant, its officers, or any individual
3471	owning 5 percent or more of the applicant. This requirement does
3472	not apply to a director of a not-for-profit corporation or
3473	organization if the director serves solely in a voluntary
3474	capacity for the corporation or organization, does not regularly
3475	take part in the day-to-day operational decisions of the
3476	corporation or organization, receives no remuneration for his or
3477	her services on the corporation's or organization's board of
3478	directors, and has no financial interest and has no family
3479	members with a financial interest in the corporation or
3480	organization, provided that the director and the not-for-profit
3481	corporation or organization include in the application a
3482	statement affirming that the director's relationship to the
3483	corporation satisfies the requirements of this paragraph.
3484	Section 56.  For the purpose of incorporating the amendment
3485	to section 435.04, Florida Statutes, in references thereto,
3486	paragraphs (b) and (d) of subsection (7) of section 400.991,
3487	Florida Statutes, are reenacted to read:
3488	400.991  License requirements; background screenings;
3489	prohibitions.--
3490	(7)  Each applicant for licensure shall comply with the
3491	following requirements:
3492	(b)  Upon receipt of a completed, signed, and dated
3493	application, the agency shall require background screening of
3494	the applicant, in accordance with the level 2 standards for
3495	screening set forth in chapter 435. Proof of compliance with the
3496	level 2 background screening requirements of chapter 435 which
3497	has been submitted within the previous 5 years in compliance
3498	with any other health care licensure requirements of this state
3499	is acceptable in fulfillment of this paragraph.
3500	(d)  A license may not be granted to a clinic if the
3501	applicant has been found guilty of, regardless of adjudication,
3502	or has entered a plea of nolo contendere or guilty to, any
3503	offense prohibited under the level 2 standards for screening set
3504	forth in chapter 435, or a violation of insurance fraud under s.
3505	817.234, within the past 5 years. If the applicant has been
3506	convicted of an offense prohibited under the level 2 standards
3507	or insurance fraud in any jurisdiction, the applicant must show
3508	that his or her civil rights have been restored prior to
3509	submitting an application.
3510	Section 57.  For the purpose of incorporating the amendment
3511	to section 435.04, Florida Statutes, in references thereto,
3512	paragraph (e) of subsection (2) of section 402.302, Florida
3513	Statutes, is reenacted to read:
3514	402.302  Definitions.--
3515	(2)  "Child care facility" includes any child care center
3516	or child care arrangement which provides child care for more
3517	than five children unrelated to the operator and which receives
3518	a payment, fee, or grant for any of the children receiving care,
3519	wherever operated, and whether or not operated for profit. The
3520	following are not included:
3521	(e)  Operators of transient establishments, as defined in
3522	chapter 509, which provide child care services solely for the
3523	guests of their establishment or resort, provided that all child
3524	care personnel of the establishment are screened according to
3525	the level 2 screening requirements of chapter 435.
3526	Section 58.  For the purpose of incorporating the amendment
3527	to section 435.04, Florida Statutes, in references thereto,
3528	paragraph (a) of subsection (2) of section 402.305, Florida
3529	Statutes, is reenacted to read:
3530	402.305  Licensing standards; child care facilities.--
3531	(2)  PERSONNEL.--Minimum standards for child care personnel
3532	shall include minimum requirements as to:
3533	(a)  Good moral character based upon screening. This
3534	screening shall be conducted as provided in chapter 435, using
3535	the level 2 standards for screening set forth in that chapter.
3536	Section 59.  For the purpose of incorporating the amendment
3537	to section 435.04, Florida Statutes, in references thereto,
3538	subsection (3) of section 402.3054, Florida Statutes, is
3539	reenacted to read:
3540	402.3054  Child enrichment service providers.--
3541	(3)  A child enrichment service provider shall be of good
3542	moral character based upon screening. This screening shall be
3543	conducted as provided in chapter 435, using the level 2
3544	standards for screening set forth in that chapter. A child
3545	enrichment service provider must meet the screening requirements
3546	prior to providing services to a child in a child care facility.
3547	A child enrichment service provider who has met the screening
3548	standards shall not be required to be under the direct and
3549	constant supervision of child care personnel.
3550	Section 60.  For the purpose of incorporating the amendment
3551	to section 435.04, Florida Statutes, in references thereto,
3552	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3553	section 483.30, Florida Statutes, are reenacted to read:
3554	483.30  Licensing of centers.--
3555	(2)  Each applicant for licensure must comply with the
3556	following requirements:
3557	(a)  Upon receipt of a completed, signed, and dated
3558	application, the agency shall require background screening, in
3559	accordance with the level 2 standards for screening set forth in
3560	chapter 435, of the managing employee, or other similarly titled
3561	individual who is responsible for the daily operation of the
3562	center, and of the financial officer, or other similarly titled
3563	individual who is responsible for the financial operation of the
3564	center, including billings for patient services. The applicant
3565	must comply with the procedures for level 2 background screening
3566	as set forth in chapter 435, as well as the requirements of s.
3567	435.03(3).
3568	(b)  The agency may require background screening of any
3569	other individual who is an applicant if the agency has probable
3570	cause to believe that he or she has been convicted of a crime or
3571	has committed any other offense prohibited under the level 2
3572	standards for screening set forth in chapter 435.
3573	(c)  Proof of compliance with the level 2 background
3574	screening requirements of chapter 435 which has been submitted
3575	within the previous 5 years in compliance with any other health
3576	care licensure requirements of this state is acceptable in
3577	fulfillment of the requirements of paragraph (a).
3578	(d)  A provisional license may be granted to an applicant
3579	when each individual required by this section to undergo
3580	background screening has met the standards for the Department of
3581	Law Enforcement background check, but the agency has not yet
3582	received background screening results from the Federal Bureau of
3583	Investigation, or a request for a disqualification exemption has
3584	been submitted to the agency as set forth in chapter 435 but a
3585	response has not yet been issued. A license may be granted to
3586	the applicant upon the agency's receipt of a report of the
3587	results of the Federal Bureau of Investigation background
3588	screening for each individual required by this section to
3589	undergo background screening which confirms that all standards
3590	have been met, or upon the granting of a disqualification
3591	exemption by the agency as set forth in chapter 435. Any other
3592	person who is required to undergo level 2 background screening
3593	may serve in his or her capacity pending the agency's receipt of
3594	the report from the Federal Bureau of Investigation. However,
3595	the person may not continue to serve if the report indicates any
3596	violation of background screening standards and a
3597	disqualification exemption has not been requested of and granted
3598	by the agency as set forth in chapter 435.
3599	(f)  Each applicant must submit to the agency a description
3600	and explanation of any conviction of an offense prohibited under
3601	the level 2 standards of chapter 435 by a member of the board of
3602	directors of the applicant, its officers, or any individual
3603	owning 5 percent or more of the applicant. This requirement does
3604	not apply to a director of a not-for-profit corporation or
3605	organization if the director serves solely in a voluntary
3606	capacity for the corporation or organization, does not regularly
3607	take part in the day-to-day operational decisions of the
3608	corporation or organization, receives no remuneration for his or
3609	her services on the corporation or organization's board of
3610	directors, and has no financial interest and has no family
3611	members with a financial interest in the corporation or
3612	organization, provided that the director and the not-for-profit
3613	corporation or organization include in the application a
3614	statement affirming that the director's relationship to the
3615	corporation satisfies the requirements of this paragraph.
3616	(g)  A license may not be granted to an applicant if the
3617	applicant or managing employee has been found guilty of,
3618	regardless of adjudication, or has entered a plea of nolo
3619	contendere or guilty to, any offense prohibited under the level
3620	2 standards for screening set forth in chapter 435, unless an
3621	exemption from disqualification has been granted by the agency
3622	as set forth in chapter 435.
3623	Section 61.  For the purpose of incorporating the amendment
3624	to section 435.04, Florida Statutes, in references thereto,
3625	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3626	section 483.101, Florida Statutes, are reenacted to read:
3627	483.101  Application for clinical laboratory license.--
3628	(2)  Each applicant for licensure must comply with the
3629	following requirements:
3630	(a)  Upon receipt of a completed, signed, and dated
3631	application, the agency shall require background screening, in
3632	accordance with the level 2 standards for screening set forth in
3633	chapter 435, of the managing director or other similarly titled
3634	individual who is responsible for the daily operation of the
3635	laboratory and of the financial officer, or other similarly
3636	titled individual who is responsible for the financial operation
3637	of the laboratory, including billings for patient services. The
3638	applicant must comply with the procedures for level 2 background
3639	screening as set forth in chapter 435, as well as the
3640	requirements of s. 435.03(3).
3641	(b)  The agency may require background screening of any
3642	other individual who is an applicant if the agency has probable
3643	cause to believe that he or she has been convicted of a crime or
3644	has committed any other offense prohibited under the level 2
3645	standards for screening set forth in chapter 435.
3646	(c)  Proof of compliance with the level 2 background
3647	screening requirements of chapter 435 which has been submitted
3648	within the previous 5 years in compliance with any other health
3649	care licensure requirements of this state is acceptable in
3650	fulfillment of the requirements of paragraph (a).
3651	(d)  A provisional license may be granted to an applicant
3652	when each individual required by this section to undergo
3653	background screening has met the standards for the Department of
3654	Law Enforcement background check but the agency has not yet
3655	received background screening results from the Federal Bureau of
3656	Investigation, or a request for a disqualification exemption has
3657	been submitted to the agency as set forth in chapter 435 but a
3658	response has not yet been issued. A license may be granted to
3659	the applicant upon the agency's receipt of a report of the
3660	results of the Federal Bureau of Investigation background
3661	screening for each individual required by this section to
3662	undergo background screening which confirms that all standards
3663	have been met, or upon the granting of a disqualification
3664	exemption by the agency as set forth in chapter 435. Any other
3665	person who is required to undergo level 2 background screening
3666	may serve in his or her capacity pending the agency's receipt of
3667	the report from the Federal Bureau of Investigation. However,
3668	the person may not continue to serve if the report indicates any
3669	violation of background screening standards and a
3670	disqualification exemption has not been requested of and granted
3671	by the agency as set forth in chapter 435.
3672	(f)  Each applicant must submit to the agency a description
3673	and explanation of any conviction of an offense prohibited under
3674	the level 2 standards of chapter 435 by a member of the board of
3675	directors of the applicant, its officers, or any individual
3676	owning 5 percent or more of the applicant. This requirement does
3677	not apply to a director of a not-for-profit corporation or
3678	organization if the director serves solely in a voluntary
3679	capacity for the corporation or organization, does not regularly
3680	take part in the day-to-day operational decisions of the
3681	corporation or organization, receives no remuneration for his or
3682	her services on the corporation or organization's board of
3683	directors, and has no financial interest and has no family
3684	members with a financial interest in the corporation or
3685	organization, provided that the director and the not-for-profit
3686	corporation or organization include in the application a
3687	statement affirming that the director's relationship to the
3688	corporation satisfies the requirements of this paragraph.
3689	(g)  A license may not be granted to an applicant if the
3690	applicant or managing employee has been found guilty of,
3691	regardless of adjudication, or has entered a plea of nolo
3692	contendere or guilty to, any offense prohibited under the level
3693	2 standards for screening set forth in chapter 435, unless an
3694	exemption from disqualification has been granted by the agency
3695	as set forth in chapter 435.
3696	Section 62.  For the purpose of incorporating the amendment
3697	to section 435.04, Florida Statutes, in references thereto,
3698	subsection (5) of section 744.1085, Florida Statutes, is
3699	reenacted to read:
3700	744.1085  Regulation of professional guardians;
3701	application; bond required; educational requirements.--
3702	(5)  As required in s. 744.3135, each professional guardian
3703	shall allow a level 2 background screening of the guardian and
3704	employees of the guardian in accordance with the provisions of
3705	s. 435.04.
3706	Section 63.  For the purpose of incorporating the amendment
3707	to section 435.04, Florida Statutes, in references thereto,
3708	paragraph (b) of subsection (2) of section 984.01, Florida
3709	Statutes, is reenacted to read:
3710	984.01  Purposes and intent; personnel standards and
3711	screening.--
3712	(2)  The Department of Juvenile Justice or the Department
3713	of Children and Family Services, as appropriate, may contract
3714	with the Federal Government, other state departments and
3715	agencies, county and municipal governments and agencies, public
3716	and private agencies, and private individuals and corporations
3717	in carrying out the purposes of, and the responsibilities
3718	established in, this chapter.
3719	(b)  The Department of Juvenile Justice and the Department
3720	of Children and Family Services shall require employment
3721	screening pursuant to chapter 435, using the level 2 standards
3722	set forth in that chapter for personnel in programs for children
3723	or youths.
3724	Section 64.  For the purpose of incorporating the amendment
3725	to section 435.04, Florida Statutes, in references thereto,
3726	paragraph (b) of subsection (2) of section 985.01, Florida
3727	Statutes, is reenacted to read:
3728	985.01  Purposes and intent; personnel standards and
3729	screening.--
3730	(2)  The Department of Juvenile Justice or the Department
3731	of Children and Family Services, as appropriate, may contract
3732	with the Federal Government, other state departments and
3733	agencies, county and municipal governments and agencies, public
3734	and private agencies, and private individuals and corporations
3735	in carrying out the purposes of, and the responsibilities
3736	established in, this chapter.
3737	(b)  The Department of Juvenile Justice and the Department
3738	of Children and Family Services shall require employment
3739	screening pursuant to chapter 435, using the level 2 standards
3740	set forth in that chapter for personnel in programs for children
3741	or youths.
3742	Section 65.  For the purpose of incorporating the amendment
3743	to section 435.04, Florida Statutes, in references thereto,
3744	paragraphs (a) and (b) of subsection (7) of section 1002.36,
3745	Florida Statutes, are reenacted to read:
3746	1002.36  Florida School for the Deaf and the Blind.--
3747	(7)  PERSONNEL SCREENING.--
3748	(a)  The Board of Trustees of the Florida School for the
3749	Deaf and the Blind shall, because of the special trust or
3750	responsibility of employees of the school, require all employees
3751	and applicants for employment to undergo personnel screening and
3752	security background investigations as provided in chapter 435,
3753	using the level 2 standards for screening set forth in that
3754	chapter, as a condition of employment and continued employment.
3755	The cost of a personnel screening and security background
3756	investigation for an employee of the school shall be paid by the
3757	school. The cost of such a screening and investigation for an
3758	applicant for employment may be paid by the school.
3759	(b)  As a prerequisite for initial and continuing
3760	employment at the Florida School for the Deaf and the Blind:
3761	1.  The applicant or employee shall submit to the Florida
3762	School for the Deaf and the Blind a complete set of fingerprints
3763	taken by an authorized law enforcement agency or an employee of
3764	the Florida School for the Deaf and the Blind who is trained to
3765	take fingerprints. The Florida School for the Deaf and the Blind
3766	shall submit the fingerprints to the Department of Law
3767	Enforcement for state processing and the Federal Bureau of
3768	Investigation for federal processing.
3769	2.a.  The applicant or employee shall attest to the minimum
3770	standards for good moral character as contained in chapter 435,
3771	using the level 2 standards set forth in that chapter under
3772	penalty of perjury.
3773	b.  New personnel shall be on a probationary status pending
3774	a determination of compliance with such minimum standards for
3775	good moral character. This paragraph is in addition to any
3776	probationary status provided for by Florida law or Florida
3777	School for the Deaf and the Blind rules or collective bargaining
3778	contracts.
3779	3.  The Florida School for the Deaf and the Blind shall
3780	review the record of the applicant or employee with respect to
3781	the crimes contained in s. 435.04 and shall notify the applicant
3782	or employee of its findings. When disposition information is
3783	missing on a criminal record, it shall be the responsibility of
3784	the applicant or employee, upon request of the Florida School
3785	for the Deaf and the Blind, to obtain and supply within 30 days
3786	the missing disposition information to the Florida School for
3787	the Deaf and the Blind. Failure to supply missing information
3788	within 30 days or to show reasonable efforts to obtain such
3789	information shall result in automatic disqualification of an
3790	applicant and automatic termination of an employee.
3791	4.  After an initial personnel screening and security
3792	background investigation, written notification shall be given to
3793	the affected employee within a reasonable time prior to any
3794	subsequent screening and investigation.
3795	Section 66.  For the purpose of incorporating the
3796	amendments to sections 943.0585 and 943.059, Florida Statutes,
3797	in references thereto, paragraph (a) of subsection (2) and
3798	subsection (6) of section 943.0582, Florida Statutes, are
3799	reenacted to read:
3800	943.0582  Prearrest, postarrest, or teen court diversion
3801	program expunction.--
3802	(2)(a)  As used in this section, the term "expunction" has
3803	the same meaning ascribed in and effect as s. 943.0585, except
3804	that:
3805	1.  The provisions of s. 943.0585(4)(a) do not apply,
3806	except that the criminal history record of a person whose record
3807	is expunged pursuant to this section shall be made available
3808	only to criminal justice agencies for the purpose of determining
3809	eligibility for prearrest, postarrest, or teen court diversion
3810	programs; when the record is sought as part of a criminal
3811	investigation; or when the subject of the record is a candidate
3812	for employment with a criminal justice agency. For all other
3813	purposes, a person whose record is expunged under this section
3814	may lawfully deny or fail to acknowledge the arrest and the
3815	charge covered by the expunged record.
3816	2.  Records maintained by local criminal justice agencies
3817	in the county in which the arrest occurred that are eligible for
3818	expunction pursuant to this section shall be sealed as the term
3819	is used in s. 943.059.
3820	(6)  Expunction or sealing granted under this section does
3821	not prevent the minor who receives such relief from petitioning
3822	for the expunction or sealing of a later criminal history record
3823	as provided for in ss. 943.0585 and 943.059, if the minor is
3824	otherwise eligible under those sections.
3825	Section 67.  For the purpose of incorporating the amendment
3826	to section 943.059, Florida Statutes, in references thereto,
3827	subsections (7), (8), and (9) of section 943.053, Florida
3828	Statutes, are reenacted to read:
3829	943.053  Dissemination of criminal justice information;
3830	fees.--
3831	(7)  Notwithstanding the provisions of s. 943.0525, and any
3832	user agreements adopted pursuant thereto, and notwithstanding
3833	the confidentiality of sealed records as provided for in s.
3834	943.059, the sheriff of any county that has contracted with a
3835	private entity to operate a county detention facility pursuant
3836	to the provisions of s. 951.062 shall provide that private
3837	entity, in a timely manner, copies of the Florida criminal
3838	history records for its inmates. The sheriff may assess a charge
3839	for the Florida criminal history records pursuant to the
3840	provisions of chapter 119. Sealed records received by the
3841	private entity under this section remain confidential and exempt
3842	from the provisions of s. 119.07(1).
3843	(8)  Notwithstanding the provisions of s. 943.0525, and any
3844	user agreements adopted pursuant thereto, and notwithstanding
3845	the confidentiality of sealed records as provided for in s.
3846	943.059, the Department of Corrections shall provide, in a
3847	timely manner, copies of the Florida criminal history records
3848	for inmates housed in a private state correctional facility to
3849	the private entity under contract to operate the facility
3850	pursuant to the provisions of s. 944.105 or s. 957.03. The
3851	department may assess a charge for the Florida criminal history
3852	records pursuant to the provisions of chapter 119. Sealed
3853	records received by the private entity under this section remain
3854	confidential and exempt from the provisions of s. 119.07(1).
3855	(9)  Notwithstanding the provisions of s. 943.0525 and any
3856	user agreements adopted pursuant thereto, and notwithstanding
3857	the confidentiality of sealed records as provided for in s.
3858	943.059, the Department of Juvenile Justice or any other state
3859	or local criminal justice agency may provide copies of the
3860	Florida criminal history records for juvenile offenders
3861	currently or formerly detained or housed in a contracted
3862	juvenile assessment center or detention facility or serviced in
3863	a contracted treatment program and for employees or other
3864	individuals who will have access to these facilities, only to
3865	the entity under direct contract with the Department of Juvenile
3866	Justice to operate these facilities or programs pursuant to the
3867	provisions of s. 985.411. The criminal justice agency providing
3868	such data may assess a charge for the Florida criminal history
3869	records pursuant to the provisions of chapter 119. Sealed
3870	records received by the private entity under this section remain
3871	confidential and exempt from the provisions of s. 119.07(1).
3872	Information provided under this section shall be used only for
3873	the criminal justice purpose for which it was requested and may
3874	not be further disseminated.
3875	Section 68.  The creation of sections 393.135, 394.4593,
3876	and 916.1075, Florida Statutes, by this act shall apply to
3877	offenses committed on or after the effective date of this act.
3878	Section 69.  Paragraph (b) of subsection (4) of section
3879	20.19, Florida Statutes, is amended to read:
3880	20.19  Department of Children and Family Services.--There
3881	is created a Department of Children and Family Services.
3882	(4)  PROGRAM OFFICES AND SUPPORT OFFICES.--
3883	(b)  The following program offices are established:
3884	1.  Adult Services.
3885	2.  Child Care Services.
3886	3.  Domestic Violence Developmental Disabilities.
3887	4.  Economic Self-Sufficiency Services.
3888	5.  Family Safety.
3889	6.  Mental Health.
3890	7.  Refugee Services.
3891	8.  Substance Abuse.
3892	Section 70.  Section 20.197, Florida Statutes, is created
3893	to read:
3894	20.197  Agency for Persons with Disabilities.--There is
3895	created the Agency for Persons with Disabilities, housed within
3896	the Department of Children and Family Services for
3897	administrative purposes only. The agency shall be a separate
3898	budget entity not subject to control, supervision, or direction
3899	by the Department of Children and Family Services in any manner,
3900	including, but not limited to, personnel, purchasing,
3901	transactions involving real or personal property, and budgetary
3902	matters.
3903	(1)  The director of the agency shall be the agency head
3904	for all purposes and shall be appointed by the Governor and
3905	serve at the pleasure of the Governor. The director shall
3906	administer the affairs of the agency and establish
3907	administrative units as needed and may, within available
3908	resources, employ assistants, professional staff, and other
3909	employees as necessary to discharge the powers and duties of the
3910	agency.
3911	(2)  The agency shall be responsible for the provision of
3912	all services provided to persons with developmental disabilities
3913	pursuant to chapter 393, including the operation of all state
3914	institutional programs and the programmatic management of
3915	Medicaid waivers established to provide services to persons with
3916	developmental disabilities.
3917	(3)  The agency shall engage in such other administrative
3918	activities as are deemed necessary to effectively and
3919	efficiently address the needs of the agency's clients.
3920	(4)  The agency shall enter into an interagency agreement
3921	that delineates the responsibilities of the Agency for Health
3922	Care Administration for the following:
3923	(a)  The terms, and execution of contracts with Medicaid
3924	providers for the provision of services provided through
3925	Medicaid, including federally approved waiver programs.
3926	(b)  The billing, payment, and reconciliation of claims for
3927	Medicaid services reimbursed by the agency.
3928	(c)  The implementation of utilization management measures,
3929	including the prior authorization of services plans and the
3930	streamlining and consolidation of waivers services, to ensure
3931	the cost-effective provision of needed Medicaid services and to
3932	maximize the number of persons with access to such services.
3933	(d)  A system of approving each client's plan of care to
3934	ensure that the services on the plan of care are those that
3935	without which the client would require the services of an
3936	intermediate care facility for the developmentally disabled.
3937	Section 71.  Section 393.063, Florida Statutes, is amended
3938	to read:
3939	393.063  Definitions.--For the purposes of this chapter:
3940	(1)  "Active treatment" means the provision of services by
3941	an interdisciplinary team necessary to maximize a client's
3942	individual independence or prevent regression or loss of
3943	functional status.
3944	(1)(2)  "Agency" means the Agency for Persons with
3945	Disabilities Health Care Administration.
3946	(2)(3)  "Autism" means a pervasive, neurologically based
3947	developmental disability of extended duration which causes
3948	severe learning, communication, and behavior disorders with age
3949	of onset during infancy or childhood. Individuals with autism
3950	exhibit impairment in reciprocal social interaction, impairment
3951	in verbal and nonverbal communication and imaginative ability,
3952	and a markedly restricted repertoire of activities and
3953	interests.
3954	(3)(4)  "Cerebral palsy" means a group of disabling
3955	symptoms of extended duration which results from damage to the
3956	developing brain that may occur before, during, or after birth
3957	and that results in the loss or impairment of control over
3958	voluntary muscles.  For the purposes of this definition,
3959	cerebral palsy does not include those symptoms or impairments
3960	resulting solely from a stroke.
3961	(4)(5)  "Client" means any person determined eligible by
3962	the agency department for developmental services under this
3963	chapter.
3964	(5)(6)  "Client advocate" means a friend or relative of the
3965	client, or of the client's immediate family, who advocates for
3966	the best interests of the client in any proceedings under this
3967	chapter in which the client or his or her family has the right
3968	or duty to participate.
3969	(6)(7)  "Comprehensive assessment" means the process which
3970	is used to determine eligibility for developmental services
3971	under this chapter and develop the family or individual support
3972	plan. The term includes review and evaluation of information
3973	provided by the applicant, the individual receiving supports or
3974	services through developmental services, or the family, and
3975	others providing supports or services to the individual or
3976	family, as well as the use of formal assessment instruments.
3977	(7)(8)  "Comprehensive transitional education program"
3978	means a group of jointly operating centers or units, the
3979	collective purpose of which is to provide a sequential series of
3980	educational care, training, treatment, habilitation, and
3981	rehabilitation services to persons who have developmental
3982	disabilities, as defined in subsection (12), and who have severe
3983	or moderate maladaptive behaviors.  However, nothing in this
3984	subsection shall require such comprehensive transitional
3985	education programs to provide services only to persons with
3986	developmental disabilities, as defined in subsection (12). All
3987	such services shall be temporary in nature and delivered in a
3988	structured residential setting with the primary goal of
3989	incorporating the normalization principle to establish permanent
3990	residence for persons with maladaptive behaviors in facilities
3991	not associated with the comprehensive transitional education
3992	program.  The staff shall include psychologists and teachers
3993	who, and such staff personnel shall be available to provide
3994	services in each component center or unit of the program. The
3995	psychologists shall be individuals who are licensed in this
3996	state and certified as behavior analysts in this state, or
3997	individuals who meet the professional requirements established
3998	by the department for district behavior analysts and are
3999	certified as behavior analysts pursuant to s. 393.17 in this
4000	state.
4001	(a)  Comprehensive transitional education programs shall
4002	include a minimum of two component centers or units, as defined
4003	in this paragraph, one of which shall be either an intensive
4004	treatment and educational center or a transitional training and
4005	educational center, which provide services to persons with
4006	maladaptive behaviors in the following sequential order:
4007	1.  Intensive treatment and educational center.  This
4008	component is a self-contained residential unit providing
4009	intensive psychological and educational programming for persons
4010	with severe maladaptive behaviors, whose behaviors preclude
4011	placement in a less restrictive environment due to the threat of
4012	danger or injury to themselves or others.
4013	2.  Transitional training and educational center.  This
4014	component is a residential unit for persons with moderate
4015	maladaptive behaviors, providing concentrated psychological and
4016	educational programming emphasizing a transition toward a less
4017	restrictive environment.
4018	3.  Community transition residence.  This component is a
4019	residential center providing educational programs and such
4020	support services, training, and care as are needed to assist
4021	persons with maladaptive behaviors to avoid regression to more
4022	restrictive environments while preparing them for more
4023	independent living. Continuous-shift staff shall be required for
4024	this component.
4025	4.  Alternative living center.  This component is a
4026	residential unit providing an educational and family living
4027	environment for persons with maladaptive behaviors, in a
4028	moderately unrestricted setting.  Residential staff shall be
4029	required for this component.
4030	5.  Independent living education center.  This component is
4031	a facility providing a family living environment for persons
4032	with maladaptive behaviors, in a largely unrestricted setting
4033	which includes education and monitoring appropriate to support
4034	the development of independent living skills by the students.
4035	(b)  Centers or units that are components of a
4036	comprehensive transitional education program are subject to the
4037	license issued to the comprehensive transitional education
4038	program and may be located on either single or multiple sites.
4039	(c)  Comprehensive transitional education programs shall
4040	develop individual education plans for each person with
4041	maladaptive behaviors who receives services therein.  Such
4042	individual education plans shall be developed in accordance with
4043	the criteria specified included in Pub. L. No. 94-142, 20 U.S.C.
4044	ss. 401 et seq., and 34 C.F.R. part 300.
4045	(d)  In no instance shall the total number of persons with
4046	maladaptive behaviors being provided services in a comprehensive
4047	transitional education program exceed 120.
4048	(e)  This subsection shall authorize licensure for
4049	comprehensive transitional education programs which by July 1,
4050	1989:
4051	1.  Are in actual operation; or
4052	2.  Own a fee simple interest in real property for which a
4053	county or city government has approved zoning allowing for the
4054	placement of the facilities described in this subsection, and
4055	have registered an intent with the department to operate a
4056	comprehensive transitional education program. However, nothing
4057	shall prohibit the assignment by such a registrant to another
4058	entity at a different site within the state, so long as there is
4059	compliance with all criteria of the comprehensive transitional
4060	education program and local zoning requirements and provided
4061	that each residential facility within the component centers or
4062	units of the program authorized under this subparagraph shall
4063	not exceed a capacity of 15 persons.
4064	(9)  "Day service" means the care, protection, and
4065	supervision of a client for a period of less than 24 hours a day
4066	on a regular basis which supplements for the client, in
4067	accordance with his or her individual needs, daily care,
4068	enrichment opportunities, and health supervision.
4069	(8)(10)  "Day habilitation facility" means any
4070	nonresidential facility which provides day habilitation
4071	services.
4072	(9)  "Day habilitation service" means assistance with the
4073	acquisition, retention, or improvement in self-help,
4074	socialization, and adaptive skills which takes place in a
4075	nonresidential setting, separate from the home or facility in
4076	which the individual resides. Day habilitation services shall
4077	focus on enabling the individual to attain or maintain his or
4078	her maximum functional level and shall be coordinated with any
4079	physical, occupational, or speech therapies listed in the plan
4080	of care.
4081	(11)  "Department" means the Department of Children and
4082	Family Services.
4083	(10)(12)  "Developmental disability" means a disorder or
4084	syndrome that is attributable to retardation, cerebral palsy,
4085	autism, spina bifida, or Prader-Willi syndrome and that
4086	constitutes a substantial handicap that can reasonably be
4087	expected to continue indefinitely.
4088	(11)(13)  "Developmental disabilities services institution"
4089	means a state-owned and state-operated facility, formerly known
4090	as a "Sunland Center," providing for the care, habilitation, and
4091	rehabilitation of clients with developmental disabilities.
4092	(14)  "Developmental training facility" means any
4093	nonresidential facility which provides basic training and
4094	habilitation to clients.
4095	(12)(15)  "Direct service provider," also known as
4096	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
4097	relating to employment security checks, means a person 18 years
4098	of age or older who has direct contact with individuals with
4099	developmental disabilities, or has access to a client's living
4100	areas or to a client's funds or personal property, and is not a
4101	relative of such unrelated to the individuals with developmental
4102	disabilities.
4103	(a)  The term "direct service provider" also includes any
4104	person, including members of the direct service provider's
4105	family, over 12 years of age who resides with the direct service
4106	provider when:
4107	1.  The direct service provider provides supports or
4108	services in his or her residence;
4109	2.  The direct service provider provides supports or
4110	services in a facility adjacent to his or her residence; or
4111	3.  The person residing with the direct service provider
4112	has direct contact with the individual with developmental
4113	disabilities during the hours of provision of supports or
4114	services.
4115	(b)  Persons residing with the direct service provider,
4116	including family members, who are between the ages of 12 years
4117	and 18 years are not required to be fingerprinted, but shall be
4118	screened for delinquency records.
4119	(c)  A volunteer who assists on an intermittent basis for
4120	less than 40 hours per month is not a direct service provider
4121	for the purposes of screening if the volunteer is under the
4122	direct and constant supervision of persons who meet the
4123	personnel requirements of s. 393.0655.
4124	(d)  A physician, nurse, or other professional licensed and
4125	regulated by the Department of Business and Professional
4126	Regulation is not a direct service provider for the purposes of
4127	screening if the service he or she is providing to a client is
4128	within the scope of practice for which he or she is licensed.
4129	(e)  A person selected by the family or the individual with
4130	developmental disabilities and paid by the family or the
4131	individual to provide supports or services is not a direct
4132	service provider for the purpose of screening.
4133	(16)  "District" means a service district of the
4134	department.
4135	(13)(17)  "Domicile" means the place where a client legally
4136	resides, which place is his or her permanent home.  Domicile may
4137	be established as provided in s. 222.17.  Domicile may not be
4138	established in Florida by a minor who has no parent domiciled in
4139	Florida, or by a minor who has no legal guardian domiciled in
4140	Florida, or by any alien not classified as a resident alien.
4141	(14)(18)  "Enclave" means a work station in public or
4142	private business or industry where a small group of persons with
4143	developmental disabilities is employed and receives training and
4144	support services or follow-along services among nonhandicapped
4145	workers.
4146	(15)(19)  "Epilepsy" means a chronic brain disorder of
4147	various causes which is characterized by recurrent seizures due
4148	to excessive discharge of cerebral neurons.  When found
4149	concurrently with retardation, autism, or cerebral palsy,
4150	epilepsy is considered a secondary disability for which the
4151	client is eligible to receive services to ameliorate this
4152	condition pursuant according to the provisions of this chapter.
4153	(16)(20)  "Express and informed consent" means consent
4154	voluntarily given in writing with sufficient knowledge and
4155	comprehension of the subject matter involved to enable the
4156	person giving consent to make an understanding and enlightened
4157	decision without any element of force, fraud, deceit, duress, or
4158	other form of constraint or coercion.
4159	(17)(21)  "Family care program" means the program
4160	established in s. 393.068 an alternative to residential
4161	placement, in which a direct service provider provides a home
4162	for a client and assists him or her to the extent necessary for
4163	the client to participate in normal activities and to meet the
4164	demands of daily living. The program provides the support needed
4165	by the client's family or caretaker to meet the individual needs
4166	of the client.
4167	(18)(22)  "Follow-along services" means those support
4168	services which shall be provided to persons with developmental
4169	disabilities in all supported employment programs and may
4170	include, but are not limited to, family support, assistance in
4171	meeting transportation and medical needs, employer intervention,
4172	performance evaluation, advocacy, replacement, retraining or
4173	promotional assistance, or other similar support services.
4174	(19)(23)  "Foster care facility" means a residential
4175	facility which provides a family living environment including
4176	supervision and care necessary to meet the physical, emotional,
4177	and social needs of its residents. The capacity of such a
4178	facility shall not be more than three residents.
4179	(20)(24)  "Group home facility" means a residential
4180	facility which provides a family living environment including
4181	supervision and care necessary to meet the physical, emotional,
4182	and social needs of its residents.  The capacity of such a
4183	facility shall be at least 4 residents but not more than 15
4184	residents.  For the purposes of this chapter, group home
4185	facilities shall not be considered commercial enterprises.
4186	(21)(25)  "Guardian advocate" means a person appointed by
4187	the circuit court to represent a person with developmental
4188	disabilities in any proceedings brought pursuant to s. 393.12,
4189	and excludes the use of the same term as applied to a guardian
4190	advocate for mentally ill persons in chapter 394.
4191	(22)(26)  "Habilitation" means the process by which a
4192	client is assisted to acquire and maintain those life skills
4193	which enable the client to cope more effectively with the
4194	demands of his or her condition and environment and to raise the
4195	level of his or her physical, mental, and social efficiency. It
4196	includes, but is not limited to, programs of formal structured
4197	education and treatment.
4198	(23)(27)  "High-risk child" means, for the purposes of this
4199	chapter, a child from birth to 5 years of age with one or more
4200	of the following characteristics:
4201	(a)  A developmental delay in cognition, language, or
4202	physical development.
4203	(b)  A child surviving a catastrophic infectious or
4204	traumatic illness known to be associated with developmental
4205	delay, when funds are specifically appropriated.
4206	(c)  A child with a parent or guardian with developmental
4207	disabilities who is developmentally disabled and who requires
4208	assistance in meeting the child's developmental needs.
4209	(d)  A child who has a physical or genetic anomaly
4210	associated with developmental disability.
4211	(24)(28)  "Intermediate care facility for the
4212	developmentally disabled" or "ICF/DD" means a residential
4213	facility licensed and certified pursuant to part XI of chapter
4214	400 in accordance with state law, and certified by the Federal
4215	Government pursuant to the Social Security Act, as a provider of
4216	Medicaid services to persons who are developmentally disabled.
4217	The capacity of such a facility shall not be more than 120
4218	clients.
4219	(25)(29)  "Job coach" means a person who provides
4220	employment-related training at a work site to individuals with
4221	developmental disabilities.
4222	(26)(30)  "Medical/dental services" means those services
4223	which are provided or ordered for a client by a person licensed
4224	pursuant to the provisions of chapter 458, chapter 459, or
4225	chapter 466.  Such services may include, but are not limited to,
4226	prescription drugs, specialized therapies, nursing supervision,
4227	hospitalization, dietary services, prosthetic devices, surgery,
4228	specialized equipment and supplies, adaptive equipment, and
4229	other services as required to prevent or alleviate a medical or
4230	dental condition.
4231	(27)(31)  "Mobile work crew" means a group of workers
4232	employed by an agency that provides services outside the agency,
4233	usually under service contracts.
4234	(28)(32)  "Normalization principle" means the principle of
4235	letting the client obtain an existence as close to the normal as
4236	possible, making available to the client patterns and conditions
4237	of everyday life which are as close as possible to the norm and
4238	patterns of the mainstream of society.
4239	(29)(33)  "Personal services" include, but are not limited
4240	to, such services as: individual assistance with or supervision
4241	of essential activities of daily living for self-care, including
4242	ambulation, bathing, dressing, eating, grooming, and toileting,
4243	and other similar services that which the agency department may
4244	define by rule. "Personal services" shall not be construed to
4245	mean the provision of medical, nursing, dental, or mental health
4246	services by the staff of a facility, except as provided in this
4247	chapter. In addition, an emergency response device installed in
4248	the apartment or living area of a resident shall not be
4249	classified as a personal service.
4250	(30)(34)  "Prader-Willi syndrome" means an inherited
4251	condition typified by neonatal hypotonia with failure to thrive,
4252	hyperphagia or an excessive drive to eat which leads to obesity
4253	usually at 18 to 36 months of age, mild to moderate retardation,
4254	hypogonadism, short stature, mild facial dysmorphism, and a
4255	characteristic neurobehavior.
4256	(31)(35)  "Reassessment" means a process which periodically
4257	develops, through annual review and revision of a client's
4258	family or individual support plan, a knowledgeable statement of
4259	current needs and past development for each client.
4260	(36)  "Rehabilitation workshop facility" means a place
4261	operated by a for-profit or nonprofit agency engaged in the
4262	manufacture or production of products or provision of services,
4263	which provides gainful rehabilitation to severely handicapped
4264	persons until such persons can become employed or which provides
4265	gainful work to persons who are developmentally disabled.
4266	(32)(37)  "Relative" means an individual who is connected
4267	by affinity or consanguinity to the client and who is 18 years
4268	of age or more.
4269	(33)(38)  "Resident" means any person who is
4270	developmentally disabled residing at a residential facility in
4271	the state, whether or not such person is a client of the agency
4272	department.
4273	(34)(39)  "Residential facility" means a facility providing
4274	room and board and personal care for persons with developmental
4275	disabilities.
4276	(35)  "Residential habilitation" means assistance provided
4277	with acquisition, retention, or improvement in skills related to
4278	activities of daily living, such as personal grooming and
4279	cleanliness, bedmaking and household chores, eating and the
4280	preparation of food, and the social and adaptive skills
4281	necessary to enable the individual to reside in a
4282	noninstitutional setting.
4283	(36)(40)  "Residential habilitation center" means a
4284	community residential facility that provides residential
4285	habilitation. operated primarily for the diagnosis, treatment,
4286	habilitation, or rehabilitation of its residents, which facility
4287	provides, in a structured residential setting, individualized
4288	continuing evaluation, planning, 24-hour supervision, and
4289	coordination and integration of health or rehabilitative
4290	services to help each resident reach his or her maximum
4291	functioning capabilities. The capacity of such a facility shall
4292	not be fewer less than nine residents. After October 1, 1989, no
4293	new residential habilitation centers shall be licensed and the
4294	licensed capacity shall not be increased for any existing
4295	residential habilitation center.
4296	(37)(41)  "Respite service" means appropriate, short-term,
4297	temporary care that is provided to a person with developmental
4298	disabilities to meet the planned or emergency needs of the
4299	person with developmental disabilities or the family or other
4300	direct service provider.
4301	(38)(42)  "Retardation" means significantly subaverage
4302	general intellectual functioning existing concurrently with
4303	deficits in adaptive behavior and manifested during the period
4304	from conception to age 18. "Significantly subaverage general
4305	intellectual functioning," for the purpose of this definition,
4306	means performance which is two or more standard deviations from
4307	the mean score on a standardized intelligence test specified in
4308	the rules of the agency department.  "Adaptive behavior," for
4309	the purpose of this definition, means the effectiveness or
4310	degree with which an individual meets the standards of personal
4311	independence and social responsibility expected of his or her
4312	age, cultural group, and community.
4313	(43)  "Screening," for purposes of employment, contracting,
4314	or certification, means the act of assessing the background of
4315	direct service providers and independent support coordinators,
4316	who are not related to clients for whom they provide services,
4317	and includes, but is not limited to, employment history checks,
4318	local criminal records checks through local law enforcement
4319	agencies, fingerprinting for all purposes and checks in this
4320	subsection, statewide criminal records checks through the
4321	Department of Law Enforcement, and federal criminal records
4322	checks through the Federal Bureau of Investigation; except that
4323	screening for volunteers included under the definition of
4324	personnel includes only local criminal records checks through
4325	local law enforcement agencies for current residence and
4326	residence immediately prior to employment as a volunteer, if
4327	different; and statewide criminal records correspondence checks
4328	through the Department of Law Enforcement.
4329	(39)(44)  "Severe self-injurious behavior" means any
4330	chronic behavior that results in injury to the person's own
4331	body, which includes, but is not limited to, self-hitting, head
4332	banging, self-biting, scratching, and the ingestion of harmful
4333	or potentially harmful nutritive or nonnutritive substances.
4334	(40)(45)  "Specialized therapies" means those treatments or
4335	activities prescribed by and provided by an appropriately
4336	trained, licensed, or certified professional or staff person and
4337	may include, but are not limited to, physical therapy, speech
4338	therapy, respiratory therapy, occupational therapy, behavior
4339	therapy, physical management services, and related specialized
4340	equipment and supplies.
4341	(41)(46)  "Spina bifida" means, for purposes of this
4342	chapter, a person with a medical diagnosis of spina bifida
4343	cystica or myelomeningocele.
4344	(42)(47)  "Support coordinator" means a person who is
4345	designated by the agency department to assist individuals and
4346	families in identifying their desires, capacities, needs, and
4347	resources, as well as finding and gaining access to necessary
4348	supports and services; coordinating the delivery of supports and
4349	services; advocating on behalf of the individual and family;
4350	maintaining relevant records; and monitoring and evaluating the
4351	delivery of supports and services to determine the extent to
4352	which they meet the needs and expectations identified by the
4353	individual, family, and others who participated in the
4354	development of the support plan.
4355	(43)(48)  "Supported employee" means a person whose
4356	developmental disability has traditionally kept him or her from
4357	integrated, community-based employment and who requires and
4358	receives supported employment ongoing support or follow-along
4359	services in order to maintain community-based employment.
4360	(44)(49)  "Supported employment" means employment located
4361	or provided in a normal employment setting which provides at
4362	least 20 hours employment per week in an integrated work
4363	setting, with earnings paid on a commensurate wage basis, and
4364	for which continued support is or follow-along services are
4365	needed for continuing job maintenance.
4366	(45)(50)  "Supported living" means a category of
4367	individually determined services designed and coordinated in
4368	such a manner as to provide assistance to adult clients who
4369	require ongoing supports to live as independently as possible in
4370	their own homes, to be integrated into the community, and to
4371	participate in community life to the fullest extent possible.
4372	(46)(51)  "Training" means a planned approach to assisting
4373	a client to attain or maintain his or her maximum potential and
4374	includes services ranging from sensory stimulation to
4375	instruction in skills for independent living and employment.
4376	(47)(52)  "Treatment" means the prevention, amelioration,
4377	or cure of a client's physical and mental disabilities or
4378	illnesses.
4379	Section 72.  Subsections (1), (3), (4), and (5) of section
4380	393.064, Florida Statutes, are amended to read:
4381	393.064  Prevention.--
4382	(1)  The agency Department of Children and Family Services
4383	shall give priority to the development, planning, and
4384	implementation of programs which have the potential to prevent,
4385	correct, cure, or reduce the severity of developmental
4386	disabilities.  The agency department shall direct an interagency
4387	interdepartmental and interprogram effort for the continued
4388	development of a prevention plan and program.  The agency
4389	department shall identify, through demonstration projects,
4390	through departmental program evaluation, and through monitoring
4391	of programs and projects conducted outside of the agency
4392	department, any medical, social, economic, or educational
4393	methods, techniques, or procedures that which have the potential
4394	to effectively ameliorate, correct, or cure developmental
4395	disabilities.  The program department shall determine the costs
4396	and benefits that would be associated with such prevention
4397	efforts and shall implement, or recommend the implementation of,
4398	those methods, techniques, or procedures which are found likely
4399	to be cost-beneficial.  The department in its legislative budget
4400	request shall identify funding needs for such prevention
4401	programs.
4402	(3)  Other agencies of state government shall cooperate
4403	with and assist the agency department, within available
4404	resources, in implementing programs which have the potential to
4405	prevent, or reduce the severity of, developmental disabilities
4406	and shall consider the findings and recommendations of the
4407	agency department in developing and implementing agency programs
4408	and formulating agency budget requests.
4409	(4)  There is created at the developmental services
4410	institution in Gainesville a research and education unit.  Such
4411	unit shall be named the Raymond C. Philips Research and
4412	Education Unit.  The functions of such unit shall include:
4413	(a)  Research into the etiology of developmental
4414	disabilities.
4415	(b)  Ensuring that new knowledge is rapidly disseminated
4416	throughout the developmental services program of the agency
4417	Department of Children and Family Services.
4418	(c)  Diagnosis of unusual conditions and syndromes
4419	associated with developmental disabilities in clients identified
4420	throughout the developmental services programs.
4421	(d)  Evaluation of families of clients with developmental
4422	disabilities of genetic origin in order to provide them with
4423	genetic counseling aimed at preventing the recurrence of the
4424	disorder in other family members.
4425	(e)  Ensuring that health professionals in the
4426	developmental services institution at Gainesville have access to
4427	information systems that will allow them to remain updated on
4428	newer knowledge and maintain their postgraduate education
4429	standards.
4430	(f)  Enhancing staff training for professionals throughout
4431	the agency department in the areas of genetics and developmental
4432	disabilities.
4433	(5)  The agency Department of Children and Family Services
4434	shall have the authority, within available resources, to
4435	contract for the supervision and management of the Raymond C.
4436	Philips Research and Education Unit, and such contract shall
4437	include specific program objectives.
4438	Section 73.  Section 393.0655, Florida Statutes, is amended
4439	to read:
4440	393.0655  Screening of direct service providers.--
4441	(1)  MINIMUM STANDARDS.--The agency department shall
4442	require level 2 employment screening pursuant to chapter 435,
4443	using the level 2 standards for screening set forth in that
4444	chapter, for direct service providers who are unrelated to their
4445	clients, including support coordinators, and managers and
4446	supervisors of residential facilities or comprehensive
4447	transitional education programs licensed under s. 393.967 and
4448	any other person, including volunteers, who provide care or
4449	services, who have access to a client's living areas, or who
4450	have access to a client's funds or personal property. Background
4451	screening shall include employment history checks as provided in
4452	s. 435.03(1) and local criminal records checks through local law
4453	enforcement agencies.
4454	(a)  A volunteer who assists on an intermittent basis for
4455	less than 40 hours per month does not have to be screened, if
4456	the volunteer is under the direct and constant supervision of
4457	persons who meet the screening requirements of this section.
4458	(b)  Licensed physicians, nurses, or other professionals
4459	licensed and regulated by the Department of Health are not
4460	subject to background screening pursuant to this section if they
4461	are providing a service that is within their scope of licensed
4462	practice.
4463	(c)  A person selected by the family or the individual with
4464	developmental disabilities and paid by the family or the
4465	individual to provide supports or services is not required to
4466	have a background screening under this section.
4467	(d)  Persons residing with the direct services provider,
4468	including family members, are subject to background screening;
4469	however, such persons who are 12 to 18 years of age shall be
4470	screened for delinquency records only.
4471	(2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency
4472	department may grant exemptions from disqualification from
4473	working with children or adults with developmental disabilities
4474	the developmentally disabled as provided in s. 435.07.
4475	(3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
4476	CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
4477	and the state criminal records checks shall be borne by the
4478	employer or by the employee or individual who is being screened.
4479	(4)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
4480	A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY; HEARINGS
4481	PROVIDED.--
4482	(a)  The agency department shall deny, suspend, terminate,
4483	or revoke a license, certification, rate agreement, purchase
4484	order, or contract, or pursue other remedies provided in s.
4485	393.0673, s. 393.0675, or s. 393.0678 in addition to or in lieu
4486	of denial, suspension, termination, or revocation for failure to
4487	comply with this section.
4488	(b)  When the agency department has reasonable cause to
4489	believe that grounds for denial or termination of employment
4490	exist, it shall notify, in writing, the employer and the direct
4491	service provider affected, stating the specific record which
4492	indicates noncompliance with the standards in this section.
4493	(c)  The procedures established for hearing under chapter
4494	120 shall be available to the employer and the direct service
4495	provider in order to present evidence relating either to the
4496	accuracy of the basis of exclusion or to the denial of an
4497	exemption from disqualification.
4498	(d)  Refusal on the part of an employer to dismiss a direct
4499	service provider who has been found to be in noncompliance with
4500	standards of this section shall result in automatic denial,
4501	termination, or revocation of the license, certification, rate
4502	agreement, purchase order, or contract, in addition to any other
4503	remedies pursued by the agency department.
4504	Section 74.  Section 393.066, Florida Statutes, is amended
4505	to read:
4506	393.066  Community services and treatment for persons who
4507	are developmentally disabled.--
4508	(1)  The agency Department of Children and Family Services
4509	shall plan, develop, organize, and implement its programs of
4510	services and treatment for persons who are developmentally
4511	disabled along district lines.  The goal of such programs shall
4512	be to allow clients to live as independently as possible in
4513	their own homes or communities and to achieve productive lives
4514	as close to normal as possible.
4515	(2)  All programs of services and treatment for clients
4516	shall be administered through the districts and shall serve all
4517	clients regardless of the type of residential setting in which
4518	the client lives.  All elements of community-based services
4519	shall be made available, in each service district and
4520	eligibility for these services shall be consistent across the
4521	state districts.  In addition, all purchased services shall be
4522	approved by the agency district.
4523	(2)(3)  All services needed shall be purchased instead of
4524	provided directly by the agency department, when such
4525	arrangement is more cost-efficient than having those services
4526	provided directly by the department.
4527	(3)(4)  Community-based services that are medically
4528	necessary to prevent institutionalization shall, to the extent
4529	of available resources, include:
4530	(a)  Day habilitation services, including developmental
4531	training services.
4532	(b)  Family care services.
4533	(c)  Guardian advocate referral services.
4534	(d)  Medical/dental services, except that medical services
4535	shall not be provided to clients with spina bifida except as
4536	specifically appropriated by the Legislature.
4537	(e)  Parent training.
4538	(f)  Recreation.
4539	(g)  Residential services.
4540	(h)  Respite services.
4541	(i)  Social services.
4542	(j)  Specialized therapies.
4543	(k)  Supported employment, including enclave, job coach,
4544	mobile work crew, and follow-along services.
4545	(l)  Supported living.
4546	(m)  Training, including behavioral programming.
4547	(n)  Transportation.
4548	(o)  Other habilitative and rehabilitative services as
4549	needed.
4550
4551	Services to clients with spina bifida shall not include medical
4552	services except as appropriated by the Legislature.
4553	(5)  Provided it is consistent with the intent of the
4554	Legislature, the department shall prioritize increased
4555	appropriations provided for community-based services for
4556	developmentally disabled individuals toward individualized,
4557	community-based supports and services for consumers and their
4558	families.  Further, the department's 5-year plan for
4559	Developmental Services shall reflect a priority toward
4560	individualized, community-based supports and services for
4561	consumers and their families.
4562	(4)(6)  The agency department shall utilize the services of
4563	private businesses, not-for-profit organizations, and units of
4564	local government whenever such services are more cost-efficient
4565	than such services provided directly by the department,
4566	including arrangements for provision of residential facilities.
4567	(5)(7)  In order to improve the potential for utilization
4568	of more cost-effective, community-based residential facilities,
4569	the agency department shall promote the statewide development of
4570	day habilitation services for clients who live with a direct
4571	service provider in a community-based residential facility and
4572	who do not require 24-hour-a-day care in a hospital or other
4573	health care institution, but who may, in the absence of day
4574	habilitation services, require admission to a developmental
4575	disabilities services institution. Each day service facility
4576	shall provide a protective physical environment for clients,
4577	ensure that direct service providers meet the minimum screening
4578	standards for good moral character as required contained in s.
4579	393.0655, make available to all day habilitation service
4580	participants at least one meal on each day of operation, provide
4581	facilities to enable participants to obtain needed rest while
4582	attending the program, as appropriate, and provide social and
4583	educational activities designed to stimulate interest and
4584	provide socialization skills.
4585	(6)  To promote independence and productivity, the agency
4586	shall provide supports and services, within available resources,
4587	to assist clients enrolled in Medicaid waivers who choose to
4588	pursue gainful employment.
4589	(7)(8)  For the purpose of making needed community-based
4590	residential facilities available at the least possible cost to
4591	the state, the agency department is authorized to lease
4592	privately owned residential facilities under long-term rental
4593	agreements, if such rental agreements are projected to be less
4594	costly to the state over the useful life of the facility than
4595	state purchase or state construction of such a facility. In
4596	addition, the department is authorized to permit, on any public
4597	land to which the department holds the lease, construction of a
4598	residential facility for which the department has entered into a
4599	long-term rental agreement as specified in this subsection.
4600	(8)(9)  The agency department may adopt rules to ensure
4601	compliance with federal laws or regulations that apply to
4602	services provided pursuant to this section.
4603	Section 75.  Section 393.0661, Florida Statutes, is amended
4604	to read:
4605	393.0661  Home and community-based services delivery
4606	system; comprehensive redesign.--The Legislature finds that the
4607	home and community-based services delivery system for persons
4608	with developmental disabilities and the availability of
4609	appropriated funds are two of the critical elements in making
4610	services available.  Therefore, it is the intent of the
4611	Legislature that the Agency for Persons with Disabilities
4612	Department of Children and Family Services shall develop and
4613	implement a comprehensive redesign of the system.
4614	(1)  The redesign of the home and community-based services
4615	system shall include, at a minimum, all actions necessary to
4616	achieve an appropriate rate structure, client choice within a
4617	specified service package, appropriate assessment strategies, an
4618	efficient billing process that contains reconciliation and
4619	monitoring components, a redefined role for support coordinators
4620	that avoids potential conflicts of interest, and ensures that
4621	family/client budgets are linked to levels of need. Prior to the
4622	release of funds in the lump-sum appropriation, the department
4623	shall present a plan to the Executive Office of the Governor,
4624	the House Fiscal Responsibility Council, and the Senate
4625	Appropriations Committee. The plan must result in a full
4626	implementation of the redesigned system no later than July 1,
4627	2003.  At a minimum, the plan must provide that the portions
4628	related to direct provider enrollment and billing will be
4629	operational no later than March 31, 2003.  The plan must further
4630	provide that a more effective needs assessment instrument will
4631	be deployed by January 1, 2003, and that all clients will be
4632	assessed with this device by June 30, 2003.
4633	(a)  In no event may The agency shall use department select
4634	an assessment instrument without appropriate evidence that is it
4635	will be reliable and valid. Once such evidence has been
4636	obtained, however, The agency may contract with department shall
4637	determine the feasibility of contracting with an external vendor
4638	to apply the new assessment device to all clients receiving
4639	services through the Medicaid waiver. In lieu of using an
4640	external vendor or, the department may use support coordinators
4641	to complete client for the assessments if it develops sufficient
4642	safeguards and training to ensure ongoing significantly improve
4643	the inter-rater reliability of the support coordinators
4644	administering the assessment.
4645	(b)  The agency, with the concurrence of the Agency for
4646	Health Care Administration, may contract for the determination
4647	of medical necessity and establishment of individual budgets.
4648	(2)  A provider of services rendered to persons with
4649	developmental disabilities pursuant to a federally-approved
4650	waiver shall be reimbursed according to a rate methodology based
4651	upon an analysis of the expenditure history and prospective
4652	costs of providers participating in the waiver program, or under
4653	any other methodology developed by the Agency for Health Care
4654	Administration, in consultation with the Agency for Persons with
4655	Disabilities, and approved by the Federal Government in
4656	accordance with the waiver.
4657	(3)  Pending the adoption of rate methodologies pursuant to
4658	non-emergency rulemaking under s. 120.54, the Agency for Health
4659	Care Administration may, at any time, adopt emergency rules
4660	under s. 120.54(4) in order to comply with subsection (4). In
4661	adopting such emergency rules, the agency need not make the
4662	findings required by s. 120.54(4)(a), and such rules shall be
4663	exempt from time limitations provided in s. 120.54(4)(c) and
4664	shall remain in effect until replaced by another emergency rule
4665	or the non-emergency adoption of the rate methodology.
4666	(4)  Nothing in this section or in any administrative rule
4667	shall be construed to prevent or limit the Agency for Health
4668	Care Administration, in consultation with the Agency for Persons
4669	with Disabilities, from adjusting fees, reimbursement rates,
4670	lengths of stay, number of visits, or number of services, or
4671	from limiting enrollment, or making any other adjustment
4672	necessary to comply with the availability of moneys and any
4673	limitations or directions provided for in the General
4674	Appropriations Act. If at any time, based upon an analysis by
4675	the Agency for Health Care Administration in consultation with
4676	the Agency for Persons with Disabilities, the cost of home and
4677	community-based waiver services are expected to exceed the
4678	appropriated amount, the Agency for Health Care Administration
4679	may implement any adjustment, including provider rate
4680	reductions, within 30 days in order to remain within the
4681	appropriation.
4682	Section 76.  Section 393.068, Florida Statutes, is amended
4683	to read:
4684	393.068  Family care program.--
4685	(1)  The family care program is established for the purpose
4686	of providing services and support to families and individuals
4687	with developmental disabilities in order to maintain the
4688	individual in the home environment and avoid costly out-of-home
4689	residential placement.  The Legislature recognizes the
4690	importance of family support in the long-range success of
4691	deinstitutionalization. Services and support available to
4692	families and individuals with developmental disabilities shall
4693	emphasize community living and enable individuals with
4694	developmental disabilities to enjoy typical lifestyles. Support
4695	and flexibility in coordinating support and services are core
4696	elements in caring for the individual who is developmentally
4697	disabled. One way to accomplish this is to recognize that
4698	families are the greatest resource available to individuals who
4699	have developmental disabilities and that families must be
4700	supported in their role as primary care givers.
4701	(2)  Services and support authorized under this program
4702	shall, to the extent of available resources, include the
4703	services listed under s. 393.066(4) and, in addition, shall
4704	include, but not be limited to:
4705	(a)  Attendant care.
4706	(b)  Barrier-free modifications to the home.
4707	(c)  Home visitation by agency workers.
4708	(d)  In-home subsidies.
4709	(e)  Low-interest loans.
4710	(f)  Parent training.
4711	(g)  Respite care.
4712	(f)(h)  Modifications for vehicles used to transport the
4713	individual with a developmental disability.
4714	(g)(i)  Facilitated communication.
4715	(h)(j)  Family counseling.
4716	(i)(k)  Equipment and supplies.
4717	(j)(l)  Self-advocacy training.
4718	(k)(m)  Roommate services.
4719	(l)(n)  Integrated community activities.
4720	(m)(o)  Emergency services.
4721	(n)(p)  Support coordination.
4722	(o)  Supported employment.
4723	(p)(q)  Other support services as identified by the family
4724	or individual.
4725	(2)  Provided it is consistent with the intent of the
4726	Legislature, the department shall prioritize increased
4727	appropriations provided for family-based services for
4728	developmentally disabled individuals toward individualized,
4729	family-based supports and services for consumers and their
4730	families. Further, the department's 5-year plan for
4731	developmental services shall reflect a priority toward
4732	individualized, family-based supports and services for consumers
4733	and their families.
4734	(3)  When it is determined by the agency department to be
4735	more cost-effective and in the best interest of the client to
4736	maintain such client in the home of a direct service provider,
4737	the parent or guardian of the client or, if competent, the
4738	client may enroll the client in the family care program. The
4739	direct service provider of a client enrolled in the family care
4740	program shall be reimbursed according to a rate schedule set by
4741	the agency department. In-home subsidies cited in
4742	paragraph(1)(d) shall be provided according to s. 393.0695 and
4743	are not subject to any other payment method or rate schedule
4744	provided for in this section.
4745	(4)  All existing community resources available to the
4746	client shall be utilized to support program objectives.
4747	Additional services may be incorporated into the program as
4748	appropriate and to the extent that resources are available. The
4749	agency department is authorized to accept gifts and grants in
4750	order to carry out the program.
4751	(5)  The agency department may contract for the provision
4752	of any portion of the services required by the program, except
4753	for in-home subsidies cited in paragraph (2)(d) (1)(d), which
4754	shall be provided pursuant to s. 393.0695. Otherwise, purchase
4755	of service contracts shall be used whenever the services so
4756	provided are more cost-efficient than those provided by the
4757	agency department.
4758	(6)  When possible, services shall be obtained under the
4759	"Florida Comprehensive Annual Services Program Plan under Title
4760	XX of the Social Security Act" and the "Florida Plan for Medical
4761	Assistance under Title XIX of the Social Security Act."
4762	(7)  To provide a range of personal services for the
4763	client, the use of volunteers shall be maximized.  The agency
4764	department shall assure appropriate insurance coverage to
4765	protect volunteers from personal liability while acting within
4766	the scope of their volunteer assignments under the program.
4767	(8)  The department shall submit to the President of the
4768	Senate and the Speaker of the House of Representatives, as part
4769	of the biennial plan required by s. 393.14, an evaluation report
4770	summarizing the progress of the family care program.  The report
4771	shall include the information and data necessary for an accurate
4772	analysis of the costs and benefits associated with the
4773	establishment and operation of the programs that were
4774	established.
4775	Section 77.  Subsections (1) and (3) of section 393.0695,
4776	Florida Statutes, are amended to read:
4777	393.0695  Provision of in-home subsidies.--
4778	(1)  The agency may pay department shall develop by October
4779	1, 1991, a plan for paying in-home subsidies to clients enrolled
4780	in the family care program or supported living when it is
4781	determined to be more cost-effective and in the best interest of
4782	the client to provide a cash supplement to the client's income
4783	to enable the client to remain in the family home or the
4784	client's own home. Payments may be made to the parent or
4785	guardian of the client or, if the client is competent, directly
4786	to the client.
4787	(3)  In-home subsidies must be based on an individual
4788	determination of need and must not exceed maximum amounts set by
4789	the agency department and reassessed by the agency annually
4790	department quarterly.
4791	Section 78.  Subsection (1), paragraph (a) of subsection
4792	(2), paragraph (a) of subsection(4), paragraphs (a), (d), and
4793	(h) of subsection (5), paragraph (a) of subsection (6),
4794	paragraphs (d) and (e) of subsection (8), and subsection (13) of
4795	section 393.11, Florida Statutes, are amended to read:
4796	393.11  Involuntary admission to residential services.--
4797	(1)  JURISDICTION.--When a person is mentally retarded and
4798	requires involuntary admission to residential services provided
4799	by the agency developmental services program of the Department
4800	of Children and Family Services, the circuit court of the county
4801	in which the person resides shall have jurisdiction to conduct a
4802	hearing and enter an order involuntarily admitting the person in
4803	order that the person may receive the care, treatment,
4804	habilitation, and rehabilitation which the person needs.  For
4805	the purpose of identifying mental retardation, diagnostic
4806	capability shall be established by in every program function of
4807	the agency department in the districts, including, but not
4808	limited to, programs provided by children and families;
4809	delinquency services; alcohol, drug abuse, and mental health;
4810	and economic services, and by the Department of Labor and
4811	Employment Security. Except as otherwise specified, the
4812	proceedings under this section shall be governed by the Florida
4813	Rules of Civil Procedure.
4814	(2)  PETITION.--
4815	(a)  A petition for involuntary admission to residential
4816	services may be executed by a petitioning commission. For
4817	proposed involuntary admission to residential services arising
4818	out of chapter 916, the petition may be filed by a petitioning
4819	commission, the agency department, the state attorney of the
4820	circuit from which the defendant was committed, or the
4821	defendant's attorney.
4822	(4)  DEVELOPMENTAL SERVICES PARTICIPATION.--
4823	(a)  Upon receiving the petition, the court shall
4824	immediately order the developmental services program of the
4825	agency department to examine the person being considered for
4826	involuntary admission to residential services.
4827	(5)  EXAMINING COMMITTEE.--
4828	(a)  Upon receiving the petition, the court shall
4829	immediately appoint an examining committee to examine the person
4830	being considered for involuntary admission to residential
4831	services of the developmental services program of the agency
4832	department.
4833	(d)  Members of the committee shall not be employees of the
4834	agency department or be associated with each other in practice
4835	or in employer-employee relationships.  Members of the committee
4836	shall not have served as members of the petitioning commission.
4837	Members of the committee shall not be employees of the members
4838	of the petitioning commission or be associated in practice with
4839	members of the commission.
4840	(h)  The agency department shall develop and prescribe by
4841	rule one or more standard forms to be used as a guide for
4842	members of the examining committee.
4843	(6)  COUNSEL; GUARDIAN AD LITEM.--
4844	(a)  The person with mental retardation shall be
4845	represented by counsel at all stages of the judicial proceeding.
4846	In the event the person is indigent and cannot afford counsel,
4847	the court shall appoint a public defender not less than 20
4848	working days before the scheduled hearing.  The person's counsel
4849	shall have full access to the records of the service provider
4850	and the agency department.  In all cases, the attorney shall
4851	represent the rights and legal interests of the person with
4852	mental retardation, regardless of who may initiate the
4853	proceedings or pay the attorney's fee.
4854	(8)  ORDER.--
4855	(d)  If an order of involuntary admission to residential
4856	services provided by the developmental services program of the
4857	agency department is entered by the court, a copy of the written
4858	order shall be served upon the person, the person's counsel, the
4859	agency department, and the state attorney and the person's
4860	defense counsel, if applicable.  The order of involuntary
4861	admission sent to the agency department shall also be
4862	accompanied by a copy of the examining committee's report and
4863	other reports contained in the court file.
4864	(e)  Upon receiving the order, the agency department shall,
4865	within 45 days, provide the court with a copy of the person's
4866	family or individual support plan and copies of all examinations
4867	and evaluations, outlining the treatment and rehabilitative
4868	programs. The agency department shall document that the person
4869	has been placed in the most appropriate, least restrictive and
4870	cost-beneficial residential facility. A copy of the family or
4871	individual support plan and other examinations and evaluations
4872	shall be served upon the person and the person's counsel at the
4873	same time the documents are filed with the court.
4874	(13)  HABEAS CORPUS.--At any time and without notice, any
4875	person involuntarily admitted to the developmental services
4876	program of the agency department, or the person's parent or
4877	legal guardian in his or her behalf, is entitled to a writ of
4878	habeas corpus to question the cause, legality, and
4879	appropriateness of the person's involuntary admission.  Each
4880	person, or the person's parent or legal guardian, shall receive
4881	specific written notice of the right to petition for a writ of
4882	habeas corpus at the time of his or her involuntary placement.
4883	Section 79.  Paragraphs (a), (b), and (d) of subsection
4884	(2), subsection (3), paragraphs(b), (g), (i), and (j) of
4885	subsection (4), and subsection (6) of section 393.13, Florida
4886	Statutes, are amended to read:
4887	393.13  Personal treatment of persons who are
4888	developmentally disabled.--
4889	(2)  LEGISLATIVE INTENT.--
4890	(a)  The Legislature finds and declares that the system of
4891	care provided which the state provides to individuals who are
4892	developmentally disabled must be designed to meet the needs of
4893	the clients as well as protect the integrity of their legal and
4894	human rights.  Further, the current system of care for persons
4895	who are developmentally disabled is in need of substantial
4896	improvement in order to provide truly meaningful treatment and
4897	habilitation.
4898	(b)  The Legislature further finds and declares that the
4899	design and delivery of treatment and services to persons who are
4900	developmentally disabled should be directed by the principles of
4901	normalization and therefore should:
4902	1.  Abate the use of large institutions.
4903	2.  Continue the development of community-based services
4904	which provide reasonable alternatives to institutionalization in
4905	settings that are least restrictive to the client.
4906	3.  Provide training and education to individuals who are
4907	developmentally disabled which will maximize their potential to
4908	lead independent and productive lives and which will afford
4909	opportunities for outward mobility from institutions.
4910	4.  Reduce the use of sheltered workshops and other
4911	noncompetitive employment day activities and promote
4912	opportunities for gainful employment for persons with
4913	developmental disabilities who choose to seek such employment.
4914	(d)  It is the intent of the Legislature:
4915	1.  To articulate the existing legal and human rights of
4916	persons who are developmentally disabled so that they may be
4917	exercised and protected. Persons with developmental disabilities
4918	shall have all the rights enjoyed by citizens of the state and
4919	the United States.
4920	2.  To provide a mechanism for the identification,
4921	evaluation, and treatment of persons with developmental
4922	disabilities.
4923	3.  To divert those individuals from institutional
4924	commitment who, by virtue of comprehensive assessment, can be
4925	placed in less costly, more effective community environments and
4926	programs.
4927	4.  To develop a plan which will indicate the most
4928	effective and efficient manner in which to implement treatment
4929	programs which are meaningful to individuals with developmental
4930	disabilities, while safeguarding and respecting the legal and
4931	human rights of such individuals.
4932	4.5.  Once the plan developed under the provisions of
4933	subparagraph 4. is presented to the Legislature, To fund
4934	improvements in the program in accordance with the availability
4935	of state resources and yearly priorities determined by the
4936	Legislature.
4937	5.6.  To ensure that persons with developmental
4938	disabilities receive treatment and habilitation which fosters
4939	the developmental potential of the individual.
4940	6.7.  To provide programs for the proper habilitation and
4941	treatment of persons with developmental disabilities which shall
4942	include, but not be limited to, comprehensive medical/dental
4943	care, education, recreation, specialized therapies, training,
4944	social services, transportation, guardianship, family care
4945	programs, day habilitation services, and habilitative and
4946	rehabilitative services suited to the needs of the individual
4947	regardless of age, degree of disability, or handicapping
4948	condition. No person with developmental disabilities shall be
4949	deprived of these enumerated services by reason of inability to
4950	pay.
4951	7.8.  To fully effectuate the normalization principle
4952	through the establishment of community services for persons with
4953	developmental disabilities as a viable and practical alternative
4954	to institutional care at each stage of individual life
4955	development. If care in a residential facility becomes
4956	necessary, it shall be in the least restrictive setting.
4957	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
4958	DISABILITIES.--The rights described in this subsection shall
4959	apply to all persons with developmental disabilities, whether or
4960	not such persons are clients of the agency department.
4961	(a)  Persons with developmental disabilities shall have a
4962	right to dignity, privacy, and humane care, including the right
4963	to be free from sexual abuse in residential facilities.
4964	(b)  Persons with developmental disabilities shall have the
4965	right to religious freedom and practice.  Nothing shall restrict
4966	or infringe on a person's right to religious preference and
4967	practice.
4968	(c)  Persons with developmental disabilities shall receive
4969	services, within available sources, which protect the personal
4970	liberty of the individual and which are provided in the least
4971	restrictive conditions necessary to achieve the purpose of
4972	treatment.
4973	(d)  Persons who are developmentally disabled shall have a
4974	right to participate in an appropriate program of quality
4975	education and training services, within available resources,
4976	regardless of chronological age or degree of disability.  Such
4977	persons may be provided with instruction in sex education,
4978	marriage, and family planning.
4979	(e)  Persons who are developmentally disabled shall have a
4980	right to social interaction and to participate in community
4981	activities.
4982	(f)  Persons who are developmentally disabled shall have a
4983	right to physical exercise and recreational opportunities.
4984	(g)  Persons who are developmentally disabled shall have a
4985	right to be free from harm, including unnecessary physical,
4986	chemical, or mechanical restraint, isolation, excessive
4987	medication, abuse, or neglect.
4988	(h)  Persons who are developmentally disabled shall have a
4989	right to consent to or refuse treatment, subject to the
4990	provisions of s. 393.12(2)(a) or chapter 744.
4991	(i)  No otherwise qualified person shall, by reason of
4992	having a developmental disability, be excluded from
4993	participation in, or be denied the benefits of, or be subject to
4994	discrimination under, any program or activity which receives
4995	public funds, and all prohibitions set forth under any other
4996	statute shall be actionable under this statute.
4997	(j)  No otherwise qualified person shall, by reason of
4998	having a developmental disability, be denied the right to vote
4999	in public elections.
5000	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
5001	term "client," as defined in s. 393.063, shall also include any
5002	person served in a facility licensed pursuant to s. 393.067.
5003	(b)  Each client has the right to the possession and use of
5004	his or her own clothing and personal effects, except in those
5005	specific instances where the use of some of these items as
5006	reinforcers is essential for training the client as part of an
5007	appropriately approved behavioral program.  The chief
5008	administrator of the facility may take temporary custody of such
5009	effects when it is essential to do so for medical or safety
5010	reasons.  Custody of such personal effects shall be promptly
5011	recorded in the client's record, and a receipt for such effects
5012	shall be immediately given to the client, if competent, or the
5013	client's parent or legal guardian.
5014	1.  All money belonging to a client held by the agency
5015	department shall be held in compliance with s. 402.17(2).
5016	2.  All interest on money received and held for the
5017	personal use and benefit of a client shall be the property of
5018	that client and shall not accrue to the general welfare of all
5019	clients or be used to defray the cost of residential care.
5020	Interest so accrued shall be used or conserved for the personal
5021	use or benefit of the individual client as provided in s.
5022	402.17(2).
5023	3.  Upon the discharge or death of a client, a final
5024	accounting shall be made of all personal effects and money
5025	belonging to the client held by the agency department.  All such
5026	personal effects and money, including interest, shall be
5027	promptly turned over to the client or his or her heirs.
5028	(g)  No client shall be subjected to a treatment program to
5029	eliminate bizarre or unusual behaviors without first being
5030	examined by a physician who in his or her best judgment
5031	determines that such behaviors are not organically caused.
5032	1.  Treatment programs involving the use of noxious or
5033	painful stimuli shall be prohibited.
5034	2.  All alleged violations of this paragraph shall be
5035	reported immediately to the chief administrative officer of the
5036	facility or the district administrator, the agency department
5037	head, and the Florida local advocacy council. A thorough
5038	investigation of each incident shall be conducted and a written
5039	report of the finding and results of such investigation shall be
5040	submitted to the chief administrative officer of the facility or
5041	the district administrator and to the agency department head
5042	within 24 hours of the occurrence or discovery of the incident.
5043	3.  The agency department shall adopt promulgate by rule a
5044	system for the oversight of behavioral programs.  Such system
5045	shall establish guidelines and procedures governing the design,
5046	approval, implementation, and monitoring of all behavioral
5047	programs involving clients.  The system shall ensure statewide
5048	and local review by committees of professionals certified as
5049	behavior analysts pursuant to s. 393.17.  No behavioral program
5050	shall be implemented unless reviewed according to the rules
5051	established by the agency department under this section.
5052	Nothing stated in this section shall prohibit the review of
5053	programs by the Florida statewide or local advocacy councils.
5054	(i)  Clients shall have the right to be free from
5055	unnecessary physical, chemical, or mechanical restraint.
5056	Restraints shall be employed only in emergencies or to protect
5057	the client from imminent injury to himself or herself or others.
5058	Restraints shall not be employed as punishment, for the
5059	convenience of staff, or as a substitute for a habilitative
5060	plan.  Restraints shall impose the least possible restrictions
5061	consistent with their purpose and shall be removed when the
5062	emergency ends.  Restraints shall not cause physical injury to
5063	the client and shall be designed to allow the greatest possible
5064	comfort.
5065	1.  Mechanical supports used in normative situations to
5066	achieve proper body position and balance shall not be considered
5067	restraints, but shall be prescriptively designed and applied
5068	under the supervision of a qualified professional with concern
5069	for principles of good body alignment, circulation, and
5070	allowance for change of position.
5071	2.  Totally enclosed cribs and barred enclosures shall be
5072	considered restraints.
5073	3.  Daily reports on the employment of physical, chemical,
5074	or mechanical restraints by those specialists authorized in the
5075	use of such restraints shall be made to the appropriate chief
5076	administrator of the facility, and a monthly summary of such
5077	reports shall be relayed to the district administrator and the
5078	Florida local advocacy council.  The reports shall summarize all
5079	such cases of restraints, the type used, the duration of usage,
5080	and the reasons therefor.  Districts shall submit districtwide
5081	quarterly reports of these summaries to the state Developmental
5082	Disabilities Program Office.
5083	4.  The agency department shall post a copy of the rules
5084	adopted promulgated under this section in each living unit of
5085	residential facilities.  A copy of the rules adopted promulgated
5086	under this section shall be given to all staff members of
5087	licensed facilities and made a part of all preservice and
5088	inservice training programs.
5089	(j)1.  Each client shall have a central record.  The record
5090	shall include data pertaining to admission and such other
5091	information as may be required under rules of the agency
5092	department.
5093	2.  Unless waived by the client, if competent, or the
5094	client's parent or legal guardian if the client is incompetent,
5095	the client's central record shall be confidential and exempt
5096	from the provisions of s. 119.07(1), and no part of it shall be
5097	released except:
5098	a.  The record may be released to physicians, attorneys,
5099	and government agencies having need of the record to aid the
5100	client, as designated by the client, if competent, or the
5101	client's parent or legal guardian, if the client is incompetent.
5102	b.  The record shall be produced in response to a subpoena
5103	or released to persons authorized by order of court, excluding
5104	matters privileged by other provisions of law.
5105	c.  The record or any part thereof may be disclosed to a
5106	qualified researcher, a staff member of the facility, or an
5107	employee of the agency department when the administrator of the
5108	facility or the director secretary of the agency department
5109	deems it necessary for the treatment of the client, maintenance
5110	of adequate records, compilation of treatment data, or
5111	evaluation of programs.
5112	d.  Information from the records may be used for
5113	statistical and research purposes if the information is
5114	abstracted in such a way to protect the identity of individuals.
5115	3.  All central records for each client in residential
5116	facilities shall be kept on uniform forms distributed by the
5117	agency department.  The central record shall accurately
5118	summarize each client's history and present condition.
5119	4.  The client, if competent, or the client's parent or
5120	legal guardian if the client is incompetent, shall be supplied
5121	with a copy of the client's central record upon request.
5122	(6)  NOTICE OF RIGHTS.--Each person with developmental
5123	disabilities, if competent, or parent or legal guardian of such
5124	person if the person is incompetent, shall promptly receive from
5125	the agency Department of Children and Family Services or the
5126	Department of Education a written copy of this act. Each person
5127	with developmental disabilities able to comprehend shall be
5128	promptly informed, in the language or other mode of
5129	communication which such person understands, of the above legal
5130	rights of persons with developmental disabilities.
5131	Section 80.  Section 393.17, Florida Statutes, is amended
5132	to read:
5133	393.17  Behavioral programs; certification of behavior
5134	analysts; fees.--The agency may recognize the certification of
5135	behavior analysts awarded by a nonprofit corporation whose
5136	mission is to meet professional credentialing needs identified
5137	by behavior analysts, state governments, and consumers of
5138	behavior analysis services and whose work has the support of the
5139	Association for Behavior Analysis International. The department
5140	shall by rule implement a certification program to ensure that
5141	qualified persons oversee the design and implementation of
5142	behavioral programs for persons who are developmentally
5143	disabled. Certification and recertification minimum standards
5144	must comply with departmental rules and must include, for
5145	initial certification, examination of competencies in applying
5146	behavior analysis with persons who are developmentally disabled
5147	within established competency clusters.  These competency
5148	clusters shall include, but not be limited to, behavioral
5149	assessments, observation and recording, behavioral program
5150	development and monitoring, and other areas as determined by
5151	professional practitioners of behavior analysis. Fees shall be
5152	charged for certification not to exceed the cost of development
5153	and administration of the examination and periodic renewal of
5154	certification. The department shall establish by rule the
5155	procedures for certification and certification renewal.
5156	Section 81.  Section 393.22, Florida Statutes, is amended
5157	to read:
5158	393.22  Transfer of appropriations; barriers to services;
5159	Financial commitment to community services programs.--
5160	(1)  No funds appropriated for developmental services
5161	programs shall be transferred pursuant to s. 216.292, unless
5162	there is a finding by the secretary that treatment programs for
5163	developmental disabilities will not be adversely affected by the
5164	transfer.
5165	(2)  Development of programs for other disabilities shall
5166	not effectuate a reduction or dilution of the ongoing financial
5167	commitment of the state through appropriations for programs and
5168	services for persons with mental retardation, cerebral palsy,
5169	autism, or spina bifida.
5170	(3)  In order to The Department of Children and Family
5171	Services and the Agency for Health Care Administration jointly
5172	shall ensure that whenever a number of persons move from an
5173	institution serving persons with developmental disabilities
5174	which is sufficient to allow an entire residential unit within
5175	that institution to be closed, no less than 80 percent of the
5176	direct costs of providing services to persons who had resided in
5177	that unit shall be reallocated for community services.
5178	Section 82.  Section 393.502, Florida Statutes, is amended
5179	to read:
5180	393.502  Family care councils.--
5181	(1)  CREATION.--There shall be established and located
5182	within each service area of the agency district of the
5183	department a district family care council.
5184	(2)  MEMBERSHIP.--
5185	(a)  Each local district family care council shall consist
5186	of at least 10 and no more than 15 members recommended by a
5187	majority vote of the local district family care council and
5188	appointed by the Governor.
5189	(b)  At least three of the members of the council must be
5190	consumers. One such member shall be a consumer who received
5191	developmental services within the 4 years prior to the date of
5192	recommendation, or the legal guardian of such a consumer. The
5193	remainder of the council members shall be parents, guardians, or
5194	siblings of persons with developmental disabilities who qualify
5195	for developmental services pursuant to this chapter.
5196	(c)  A person who is currently serving on another board or
5197	council of the agency department may not be appointed to a local
5198	district family care council.
5199	(d)  Employees of the agency department are not eligible to
5200	serve on a local district family care council.
5201	(e)  Persons related by consanguinity or affinity within
5202	the third degree shall not serve on the same local district
5203	family care council at the same time.
5204	(f)  A chair for the council shall be chosen by the council
5205	members to serve for 1 year. A person may serve no more than
5206	four 1-year terms as chair.
5207	(3)  TERMS; VACANCIES.--
5208	(a)  Council members shall be appointed for a 3-year term,
5209	except as provided in subsection (8), and may be reappointed to
5210	one additional term.
5211	(b)  A member who has served two consecutive terms shall
5212	not be eligible to serve again until 12 months have elapsed
5213	since ending his or her service on the local district council.
5214	(c)  Upon expiration of a term or in the case of any other
5215	vacancy, the local district council shall, by majority vote,
5216	recommend to the Governor for appointment a person for each
5217	vacancy. If the Governor does not act on the council's
5218	recommendations within 45 days after receiving them, the persons
5219	recommended shall be considered to be appointed.
5220	(4)  COMMITTEE APPOINTMENTS.--The chair of the local
5221	district family care council may appoint persons to serve on
5222	council committees. Such persons may include former members of
5223	the council and persons not eligible to serve on the council.
5224	(5)  TRAINING.--
5225	(a)  The agency department, in consultation with the local
5226	district councils, shall establish a training program for local
5227	district family care council members. Each local area district
5228	shall provide the training program when new persons are
5229	appointed to the local district council and at other times as
5230	the secretary deems necessary.
5231	(b)  The training shall assist the council members to
5232	understand the laws, rules, and policies applicable to their
5233	duties and responsibilities.
5234	(c)  All persons appointed to a local district council must
5235	complete this training within 90 days after their appointment. A
5236	person who fails to meet this requirement shall be considered to
5237	have resigned from the council.
5238	(6)  MEETINGS.--Council members shall serve on a voluntary
5239	basis without payment for their services but shall be reimbursed
5240	for per diem and travel expenses as provided for in s. 112.061.
5241	The council shall meet at least six times per year.
5242	(7)  PURPOSE.--The purpose of the local district family
5243	care councils shall be to advise the agency department and its
5244	district advisory boards, to develop a plan for the delivery of
5245	developmental services family support services within the local
5246	area district, and to monitor the implementation and
5247	effectiveness of services and support provided under the plan.
5248	The primary functions of the local district family care councils
5249	shall be to:
5250	(a)  Assist in providing information and outreach to
5251	families.
5252	(b)  Review the effectiveness of service developmental
5253	services programs and make recommendations with respect to
5254	program implementation.
5255	(c)  Advise the agency district developmental services
5256	administrators with respect to policy issues relevant to the
5257	community and family support system in the local area district.
5258	(d)  Meet and share information with other local district
5259	family care councils.
5260	(8)  NEW COUNCILS.--When a local district family care
5261	council is established for the first time in a local area
5262	district, the Governor shall appoint the first four council
5263	members, who shall serve 3-year terms. These members shall
5264	submit to the Governor, within 90 days after their appointment,
5265	recommendations for at least six additional members, selected by
5266	majority vote. If the Governor does not act on the
5267	recommendations within 45 days after receiving them, the persons
5268	recommended shall be considered to be appointed. Those members
5269	recommended for appointment by the Governor shall serve for 2
5270	years.
5271	(9)  FUNDING; FINANCIAL REVIEW.--The local district family
5272	care council may apply for, receive, and accept grants, gifts,
5273	donations, bequests, and other payments from any public or
5274	private entity or person. Each local district council is shall
5275	be subject to an annual financial review by district staff
5276	assigned by the agency district administrator. Each local
5277	district council shall exercise care and prudence in the
5278	expenditure of funds. The local district family care councils
5279	shall comply with state expenditure requirements.
5280	Section 83.  Section 408.301, Florida Statutes, is amended
5281	to read:
5282	408.301  Legislative findings.--The Legislature has found
5283	that access to quality, affordable, health care for all
5284	Floridians is an important goal for the state. The Legislature
5285	recognizes that there are Floridians with special health care
5286	and social needs which require particular attention. The people
5287	served by the Department of Children and Family Services, the
5288	Agency for Persons with Disabilities, and the Department of
5289	Health, and the Department of Elderly Affairs are examples of
5290	citizens with special needs. The Legislature further recognizes
5291	that the Medicaid program is an intricate part of the service
5292	delivery system for the special needs citizens served by or
5293	through the Department of Children and Family Services and the
5294	Department of Health. However, the Agency for Health Care
5295	Administration is not a service provider and does not develop or
5296	direct programs for the special needs citizens served by or
5297	through the Department of Children and Family Services and the
5298	Department of Health. Therefore, it is the intent of the
5299	Legislature that the Agency for Health Care Administration work
5300	closely with the Department of Children and Family Services, the
5301	Agency for Persons with Disabilities, and the Department of
5302	Health, and the Department of Elderly Affairs in developing
5303	plans for assuring access to all Floridians in order to assure
5304	that the needs of special citizens are met.
5305	Section 84.  Section 408.302, Florida Statutes, is amended
5306	to read:
5307	408.302  Interagency agreement.--
5308	(1)  The Agency for Health Care Administration shall enter
5309	into an interagency agreement with the Department of Children
5310	and Family Services, the Agency for Persons with Disabilities,
5311	and the Department of Health, and the Department of Elderly
5312	Affairs to assure coordination and cooperation in serving
5313	special needs citizens. The agreement shall include the
5314	requirement that the secretaries or directors secretary of the
5315	Department of Children and Family Services, the Agency for
5316	Persons with Disabilities, and the secretary of the Department
5317	of Health, and the Department of Elderly Affairs approve, prior
5318	to adoption, any rule developed by the Agency for Health Care
5319	Administration where such rule has a direct impact on the
5320	mission of the respective state agencies Department of Children
5321	and Family Services and the Department of Health, their
5322	programs, or their budgets.
5323	(2)  For rules which indirectly impact on the mission of
5324	the Department of Children and Family Services, the Agency for
5325	Persons with Disabilities, and the Department of Health, and the
5326	Department of Elderly Affairs, their programs, or their budgets,
5327	the concurrence of the respective secretaries or directors
5328	secretary of the Department of Children and Family Services and
5329	the secretary of the Department of Health on the rule is
5330	required.
5331	(3)  For all other rules developed by the Agency for Health
5332	Care Administration, coordination with the Department of
5333	Children and Family Services, the Agency for Persons with
5334	Disabilities, and the Department of Health, and the Department
5335	of Elderly Affairs is encouraged.
5336	(4)  The interagency agreement shall also include any other
5337	provisions necessary to ensure a continued cooperative working
5338	relationship between the Agency for Health Care Administration
5339	and the Department of Children and Family Services, the Agency
5340	for Persons with Disabilities, and the Department of Health, and
5341	the Department of Elderly Affairs as each strives to meet the
5342	needs of the citizens of Florida.
5343	Section 85.  Subsection (13) of section 409.906, Florida
5344	Statutes, is amended to read:
5345	409.906  Optional Medicaid services.--Subject to specific
5346	appropriations, the agency may make payments for services which
5347	are optional to the state under Title XIX of the Social Security
5348	Act and are furnished by Medicaid providers to recipients who
5349	are determined to be eligible on the dates on which the services
5350	were provided.  Any optional service that is provided shall be
5351	provided only when medically necessary and in accordance with
5352	state and federal law. Optional services rendered by providers
5353	in mobile units to Medicaid recipients may be restricted or
5354	prohibited by the agency. Nothing in this section shall be
5355	construed to prevent or limit the agency from adjusting fees,
5356	reimbursement rates, lengths of stay, number of visits, or
5357	number of services, or making any other adjustments necessary to
5358	comply with the availability of moneys and any limitations or
5359	directions provided for in the General Appropriations Act or
5360	chapter 216. If necessary to safeguard the state's systems of
5361	providing services to elderly and disabled persons and subject
5362	to the notice and review provisions of s. 216.177, the Governor
5363	may direct the Agency for Health Care Administration to amend
5364	the Medicaid state plan to delete the optional Medicaid service
5365	known as "Intermediate Care Facilities for the Developmentally
5366	Disabled."  Optional services may include:
5367	(13)  HOME AND COMMUNITY-BASED SERVICES.--The agency may
5368	pay for home-based or community-based services that are rendered
5369	to a recipient in accordance with a federally approved waiver
5370	program. The agency may limit or eliminate coverage for certain
5371	Project AIDS Care Waiver services, preauthorize high-cost or
5372	highly utilized services, or make any other adjustments
5373	necessary to comply with any limitations or directions provided
5374	for in the General Appropriations Act.
5375	Section 86.  Sections 393.14, 393.165, 393.166, and
5376	393.505, Florida Statutes, are repealed.
5377	Section 87.  (1)  Effective October 1, 2004, the
5378	developmental disabilities program and the developmental
5379	services institutions in the Department of Children and Family
5380	Services shall be transferred to the Agency for Persons with
5381	Disabilities by a type two transfer pursuant to s. 20.06,
5382	Florida Statutes. Prior to that date:
5383	(a)  The Agency for Persons with Disabilities and the
5384	Department of Children and Family Services, in consultation with
5385	the Department of Management Services, shall determine the
5386	number of positions and resources within the department
5387	dedicated to the developmental disabilities program which shall
5388	be transferred to the agency and will develop an agreement that
5389	delineates who within the Department of Children and Family
5390	Services will provide administrative support to the agency.
5391	(b)  The Director of the Agency for Persons with
5392	Disabilities, in consultation with the Secretaries of the
5393	Department of Children and Family Services and the Agency for
5394	Health Care Administration or their designees, shall prepare a
5395	transition plan that must address, at a minimum, building
5396	leases, information support systems, cash ownership and
5397	transfer, administrative support functions, inventory and
5398	transfers of equipment and structures, expenditure transfers,
5399	budget authority and positions, and certifications forward. This
5400	plan shall be submitted by September 1, 2004, to the Executive
5401	Office of the Governor, the President of the Senate, and the
5402	Speaker of the House of Representatives.
5403	(c)  The Agency for Persons with Disabilities and the
5404	Department of Children and Family Services shall work with the
5405	Agency for Health Care Administration to develop a plan that
5406	ensures that all of the necessary electronic and paper-based
5407	data of the Developmental Disabilities program is accessible to
5408	the Medicaid program and that all electronic records will be
5409	migrated to a new data system that is compatible with the
5410	Florida Medicaid Management Information System.
5411	(d)  The Agency for Persons with Disabilities and the
5412	Agency for Health Care Administration shall develop a plan for
5413	the orderly relocation of the noncentral-office staff of the
5414	Agency for Persons with Disabilities to the area offices of the
5415	Agency for Health Care Administration. Such plan shall include a
5416	schedule that takes into consideration the availability of
5417	space, the expiration of current leases, and the initiation of
5418	new leases that can accommodate the relocated staff, as well as
5419	appropriate reimbursement for collocation costs, including
5420	office space and other operating expenses.
5421	(2)  Effective October 1, 2004, the agency shall enter into
5422	an interagency agreement with the Department of Children and
5423	Family Services for the provision of the necessary day-to-day
5424	administrative and operational needs of the agency, including,
5425	but not limited to, personnel, purchasing, information
5426	technology support, legal support, and other related services.
5427	This interagency agreement shall continue until the agency no
5428	longer requires the provision of services through such
5429	agreement.
5430	(3)  This act does not affect the validity of any judicial
5431	or administrative proceeding pending on October 30, 2004, and
5432	the Agency for Persons with Disabilities is substituted as a
5433	real party in interest with respect to any proceeding pending on
5434	that date which involves the developmental services programs of
5435	the Department of Children and Family Services.
5436	Section 88.  The Office of Program Policy Analysis and
5437	Government Accountability shall identify and evaluate statewide
5438	entities receiving state funding for the purpose of addressing
5439	the interests of, but not directly providing services for,
5440	persons with disabilities.
5441	(1)  The purpose of the analysis shall be to provide
5442	information with respect to:
5443	(a)  The extent to which activities of these entities are
5444	coordinated;
5445	(b)  The similarities and differences in the organizational
5446	missions of these entities; and
5447	(c)  The amount of state funds provided to these entities
5448	for the purpose of addressing the interests of persons with
5449	disabilities, the uses of these funds, and whether they
5450	duplicate the efforts of other private or federally funded
5451	entities.
5452	(2)  The report shall be completed and provided to the
5453	Governor and Legislature by December 2005.
5454	Section 89.  Subsection (1) of section 92.53, Florida
5455	Statutes, is amended to read:
5456	92.53  Videotaping of testimony of victim or witness under
5457	age 16 or person with mental retardation.--
5458	(1)  On motion and hearing in camera and a finding that
5459	there is a substantial likelihood that a victim or witness who
5460	is under the age of 16 or who is a person with mental
5461	retardation as defined in s. 393.063(42) would suffer at least
5462	moderate emotional or mental harm due to the presence of the
5463	defendant if the child or person with mental retardation is
5464	required to testify in open court, or that such victim or
5465	witness is otherwise unavailable as defined in s. 90.804(1), the
5466	trial court may order the videotaping of the testimony of the
5467	victim or witness in a case, whether civil or criminal in
5468	nature, in which videotaped testimony is to be utilized at trial
5469	in lieu of trial testimony in open court.
5470	Section 90.  Subsections (1), (2), and (3), paragraph (i)
5471	of subsection (4), and subsections (5), (8), (9), (10), (11),
5472	(12), (13), (14), and (17) of 393.067, Florida Statutes, are
5473	amended to read:
5474	393.067  Licensure of residential facilities and
5475	comprehensive transitional education programs.--
5476	(1)  The agency department shall provide through its
5477	licensing authority a system of provider qualifications,
5478	standards, training criteria for meeting standards, and
5479	monitoring for residential facilities and comprehensive
5480	transitional education programs.
5481	(2)  The agency department shall conduct inspections and
5482	reviews of residential facilities and comprehensive transitional
5483	education programs annually.
5484	(3)  An application for a license for a residential
5485	facility or a comprehensive transitional education program shall
5486	be made to the agency Department of Children and Family Services
5487	on a form furnished by it and shall be accompanied by the
5488	appropriate license fee.
5489	(4)  The application shall be under oath and shall contain
5490	the following:
5491	(i)  Such other information as the agency department
5492	determines is necessary to carry out the provisions of this
5493	chapter.
5494	(5)  The applicant shall submit evidence which establishes
5495	the good moral character of the manager or supervisor of the
5496	facility or program and the direct service providers in the
5497	facility or program and its component centers or units. A
5498	license may be issued if all the screening materials have been
5499	timely submitted; however, a license may not be issued or
5500	renewed if any of the direct service providers have failed the
5501	screening required by s. 393.0655.
5502	(a)1.  A licensed residential facility or comprehensive
5503	transitional education program which applies for renewal of its
5504	license shall submit to the agency department a list of direct
5505	service providers who have worked on a continuous basis at the
5506	applicant facility or program since submitting fingerprints to
5507	the agency or the Department of Children and Family Services,
5508	identifying those direct service providers for whom a written
5509	assurance of compliance was provided by the agency or department
5510	and identifying those direct service providers who have recently
5511	begun working at the facility or program and are awaiting the
5512	results of the required fingerprint check along with the date of
5513	the submission of those fingerprints for processing. The agency
5514	department shall by rule determine the frequency of requests to
5515	the Department of Law Enforcement to run state criminal records
5516	checks for such direct service providers except for those direct
5517	service providers awaiting the results of initial fingerprint
5518	checks for employment at the applicant facility or program. The
5519	agency department shall review the records of the direct service
5520	providers at the applicant facility or program with respect to
5521	the crimes specified in s. 393.0655 and shall notify the
5522	facility or program of its findings. When disposition
5523	information is missing on a criminal record, it is shall be the
5524	responsibility of the person being screened, upon request of the
5525	agency department, to obtain and supply within 30 days the
5526	missing disposition information to the agency department.
5527	Failure to supply the missing information within 30 days or to
5528	show reasonable efforts to obtain such information shall result
5529	in automatic disqualification.
5530	2.  The applicant shall sign an affidavit under penalty of
5531	perjury stating that all new direct service providers have been
5532	fingerprinted and that the facility's or program's remaining
5533	direct service providers have worked at the applicant facility
5534	or program on a continuous basis since being initially screened
5535	at that facility or program or have a written assurance of
5536	compliance from the agency or department.
5537	(b)  As a prerequisite for issuance of the initial license
5538	to a residential facility or comprehensive transitional
5539	education program:
5540	1.  The applicant shall submit to the agency department a
5541	complete set of fingerprints, taken by an authorized law
5542	enforcement agency or an employee of the agency department who
5543	is trained to take fingerprints, for the manager, supervisor, or
5544	direct service providers of the facility or program;
5545	2.  The agency department shall submit the fingerprints to
5546	the Department of Law Enforcement for state processing and for
5547	federal processing by the Federal Bureau of Investigation; and
5548	3.  The agency department shall review the record of the
5549	manager or supervisor with respect to the crimes specified in s.
5550	393.0655(1) and shall notify the applicant of its findings. When
5551	disposition information is missing on a criminal record, it is
5552	shall be the responsibility of the manager or supervisor, upon
5553	request of the agency department, to obtain and supply within 30
5554	days the missing disposition information to the agency
5555	department. Failure to supply the missing information within 30
5556	days or to show reasonable efforts to obtain such information
5557	shall result in automatic disqualification.
5558	(c)  The agency department or a residential facility or
5559	comprehensive transitional education program may not use the
5560	criminal records or juvenile records of a person obtained under
5561	this subsection for any purpose other than determining if that
5562	person meets the minimum standards for good moral character for
5563	a manager or supervisor of, or direct service provider in, such
5564	a facility or program. The criminal records or juvenile records
5565	obtained by the agency department or a residential facility or
5566	comprehensive transitional education program for determining the
5567	moral character of a manager, supervisor, or direct service
5568	provider are exempt from s. 119.07(1).
5569	(8)  The agency department shall adopt promulgate rules
5570	establishing minimum standards for licensure of residential
5571	facilities and comprehensive transitional education programs,
5572	including rules requiring facilities and programs to train staff
5573	to detect and prevent sexual abuse of residents and clients,
5574	minimum standards of quality and adequacy of care, and uniform
5575	firesafety standards established by the State Fire Marshal which
5576	are appropriate to the size of the facility or of the component
5577	centers or units of the program.
5578	(9)  The agency department and the Agency for Health Care
5579	Administration, after consultation with the Department of
5580	Community Affairs, shall adopt rules for residential facilities
5581	under the respective regulatory jurisdiction of each
5582	establishing minimum standards for the preparation and annual
5583	update of a comprehensive emergency management plan. At a
5584	minimum, the rules must provide for plan components that address
5585	emergency evacuation transportation; adequate sheltering
5586	arrangements; postdisaster activities, including emergency
5587	power, food, and water; postdisaster transportation; supplies;
5588	staffing; emergency equipment; individual identification of
5589	residents and transfer of records; and responding to family
5590	inquiries. The comprehensive emergency management plan for all
5591	comprehensive transitional education programs and for homes
5592	serving individuals who have complex medical conditions is
5593	subject to review and approval by the local emergency management
5594	agency. During its review, the local emergency management agency
5595	shall ensure that the following agencies, at a minimum, are
5596	given the opportunity to review the plan: the Agency for Health
5597	Care Administration, the Agency for Persons with Disabilities
5598	Department of Children and Family Services, and the Department
5599	of Community Affairs. Also, appropriate volunteer organizations
5600	must be given the opportunity to review the plan.  The local
5601	emergency management agency shall complete its review within 60
5602	days and either approve the plan or advise the facility of
5603	necessary revisions.
5604	(10)  The agency department may conduct unannounced
5605	inspections to determine compliance by residential facilities
5606	and comprehensive transitional education programs with the
5607	applicable provisions of this chapter and the rules adopted
5608	pursuant hereto, including the rules adopted for training staff
5609	of a facility or a program to detect and prevent sexual abuse of
5610	residents and clients. The facility or program shall make copies
5611	of inspection reports available to the public upon request.
5612	(11)  An alternative living center and an independent
5613	living education center, as defined in s. 393.063(8), shall be
5614	subject to the provisions of s. 419.001, except that such
5615	centers shall be exempt from the 1,000-foot-radius requirement
5616	of s. 419.001(2) if:
5617	(a)  Such centers are located on a site zoned in a manner
5618	so that all the component centers of a comprehensive transition
5619	education center may be located thereon; or
5620	(b)  There are no more than three such centers within said
5621	radius of 1,000 feet.
5622	(12)  Each residential facility or comprehensive
5623	transitional education program licensed by the agency department
5624	shall forward annually to the agency department a true and
5625	accurate sworn statement of its costs of providing care to
5626	clients funded by the agency department.
5627	(13)  The agency department may audit the records of any
5628	residential facility or comprehensive transitional education
5629	program that which it has reason to believe may not be in full
5630	compliance with the provisions of this section; provided that,
5631	any financial audit of such facility or program shall be limited
5632	to the records of clients funded by the agency department.
5633	(14)  The agency department shall establish, for the
5634	purpose of control of licensure costs, a uniform management
5635	information system and a uniform reporting system with uniform
5636	definitions and reporting categories.
5637	(17)  The agency department shall not be required to
5638	contract with new facilities licensed after October 1, 1989,
5639	pursuant to this chapter. Pursuant to chapter 287, the agency
5640	department shall continue to contract within available resources
5641	for residential services with facilities licensed prior to
5642	October 1, 1989, if such facilities comply with the provisions
5643	of this chapter and all other applicable laws and regulations.
5644	Section 91.  Subsection (9) of section 397.405, Florida
5645	Statutes, is amended to read:
5646	397.405  Exemptions from licensure.--The following are
5647	exempt from the licensing provisions of this chapter:
5648	(9)  Facilities licensed under s. 393.063(8) that, in
5649	addition to providing services to persons who are
5650	developmentally disabled as defined therein, also provide
5651	services to persons developmentally at risk as a consequence of
5652	exposure to alcohol or other legal or illegal drugs while in
5653	utero.
5654
5655	The exemptions from licensure in this section do not apply to
5656	any service provider that receives an appropriation, grant, or
5657	contract from the state to operate as a service provider as
5658	defined in this chapter or to any substance abuse program
5659	regulated pursuant to s. 397.406.  Furthermore, this chapter may
5660	not be construed to limit the practice of a physician licensed
5661	under chapter 458 or chapter 459, a psychologist licensed under
5662	chapter 490, or a psychotherapist licensed under chapter 491 who
5663	provides substance abuse treatment, so long as the physician,
5664	psychologist, or psychotherapist does not represent to the
5665	public that he or she is a licensed service provider and does
5666	not provide services to clients pursuant to part V of this
5667	chapter. Failure to comply with any requirement necessary to
5668	maintain an exempt status under this section is a misdemeanor of
5669	the first degree, punishable as provided in s. 775.082 or s.
5670	775.083.
5671	Section 92.  Paragraph (b) of subsection (5) of section
5672	400.464, Florida Statutes, is amended to read:
5673	400.464  Home health agencies to be licensed; expiration of
5674	license; exemptions; unlawful acts; penalties.--
5675	(5)  The following are exempt from the licensure
5676	requirements of this part:
5677	(b)  Home health services provided by a state agency,
5678	either directly or through a contractor with:
5679	1.  The Department of Elderly Affairs.
5680	2.  The Department of Health, a community health center, or
5681	a rural health network that furnishes home visits for the
5682	purpose of providing environmental assessments, case management,
5683	health education, personal care services, family planning, or
5684	followup treatment, or for the purpose of monitoring and
5685	tracking disease.
5686	3.  Services provided to persons who have developmental
5687	disabilities, as defined in s. 393.063(12).
5688	4.  Companion and sitter organizations that were registered
5689	under s. 400.509(1) on January 1, 1999, and were authorized to
5690	provide personal services under s. 393.063(33) under a
5691	developmental services provider certificate on January 1, 1999,
5692	may continue to provide such services to past, present, and
5693	future clients of the organization who need such services,
5694	notwithstanding the provisions of this act.
5695	5.  The Department of Children and Family Services.
5696	Section 93.  Paragraph (d) of subsection (1) of section
5697	419.001, Florida Statutes, is amended to read:
5698	419.001  Site selection of community residential homes.--
5699	(1)  For the purposes of this section, the following
5700	definitions shall apply:
5701	(d)  "Resident" means any of the following:  a frail elder
5702	as defined in s. 400.618; a physically disabled or handicapped
5703	person as defined in s. 760.22(7)(a); a developmentally disabled
5704	person as defined in s. 393.063(12); a nondangerous mentally ill
5705	person as defined in s. 394.455(18); or a child as defined in s.
5706	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
5707	Section 94.  Section 914.16, Florida Statutes, is amended
5708	to read:
5709	914.16  Child abuse and sexual abuse of victims under age
5710	16 or persons with mental retardation; limits on
5711	interviews.--The chief judge of each judicial circuit, after
5712	The chief judge of each judicial circuit, after consultation
5713	with the state attorney and the public defender for the judicial
5714	circuit, the appropriate chief law enforcement officer, and any
5715	other person deemed appropriate by the chief judge, shall
5716	provide by order reasonable limits on the number of interviews
5717	that a victim of a violation of s. 794.011, s. 800.04, or s.
5718	827.03 who is under 16 years of age or a victim of a violation
5719	of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who is a
5720	person with mental retardation as defined in s. 393.063(42) must
5721	submit to for law enforcement or discovery purposes. The order
5722	shall, to the extent possible, protect the victim from the
5723	psychological damage of repeated interrogations while preserving
5724	the rights of the public, the victim, and the person charged
5725	with the violation.
5726	Section 95.  Subsection (2) of section 914.17, Florida
5727	Statutes, is amended to read:
5728	914.17  Appointment of advocate for victims or witnesses
5729	who are minors or persons with mental retardation.--
5730	(2)  An advocate shall be appointed by the court to
5731	represent a person with mental retardation as defined in s.
5732	393.063(42) in any criminal proceeding if the person with mental
5733	retardation is a victim of or witness to abuse or neglect, or if
5734	the person with mental retardation is a victim of a sexual
5735	offense or a witness to a sexual offense committed against a
5736	minor or person with mental retardation. The court may appoint
5737	an advocate in any other criminal proceeding in which a person
5738	with mental retardation is involved as either a victim or a
5739	witness. The advocate shall have full access to all evidence and
5740	reports introduced during the proceedings, may interview
5741	witnesses, may make recommendations to the court, shall be
5742	noticed and have the right to appear on behalf of the person
5743	with mental retardation at all proceedings, and may request
5744	additional examinations by medical doctors, psychiatrists, or
5745	psychologists. It is the duty of the advocate to perform the
5746	following services:
5747	(a)  To explain, in language understandable to the person
5748	with mental retardation, all legal proceedings in which the
5749	person shall be involved;
5750	(b)  To act, as a friend of the court, to advise the judge,
5751	whenever appropriate, of the person with mental retardation's
5752	ability to understand and cooperate with any court proceedings;
5753	and
5754	(c)  To assist the person with mental retardation and the
5755	person's family in coping with the emotional effects of the
5756	crime and subsequent criminal proceedings in which the person
5757	with mental retardation is involved.
5758	Section 96.  Subsection (1) of section 918.16, Florida
5759	Statutes, is amended to read:
5760	918.16  Sex offenses; testimony of person under age 16 or
5761	person with mental retardation; testimony of victim; courtroom
5762	cleared; exceptions.--
5763	(1)  Except as provided in subsection (2), in the trial of
5764	any case, civil or criminal, when any person under the age of 16
5765	or any person with mental retardation as defined in s.
5766	393.063(42) is testifying concerning any sex offense, the court
5767	shall clear the courtroom of all persons except parties to the
5768	cause and their immediate families or guardians, attorneys and
5769	their secretaries, officers of the court, jurors, newspaper
5770	reporters or broadcasters, court reporters, and, at the request
5771	of the victim, victim or witness advocates designated by the
5772	state attorney's office.
5773	Section 97.  Paragraph (a) of subsection (4) of section
5774	943.0585, Florida Statutes, is amended to read:
5775	943.0585  Court-ordered expunction of criminal history
5776	records.--The courts of this state have jurisdiction over their
5777	own procedures, including the maintenance, expunction, and
5778	correction of judicial records containing criminal history
5779	information to the extent such procedures are not inconsistent
5780	with the conditions, responsibilities, and duties established by
5781	this section. Any court of competent jurisdiction may order a
5782	criminal justice agency to expunge the criminal history record
5783	of a minor or an adult who complies with the requirements of
5784	this section. The court shall not order a criminal justice
5785	agency to expunge a criminal history record until the person
5786	seeking to expunge a criminal history record has applied for and
5787	received a certificate of eligibility for expunction pursuant to
5788	subsection (2). A criminal history record that relates to a
5789	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
5790	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
5791	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
5792	s. 907.041 may not be expunged, without regard to whether
5793	adjudication was withheld, if the defendant was found guilty of
5794	or pled guilty or nolo contendere to the offense, or if the
5795	defendant, as a minor, was found to have committed, or pled
5796	guilty or nolo contendere to committing, the offense as a
5797	delinquent act. The court may only order expunction of a
5798	criminal history record pertaining to one arrest or one incident
5799	of alleged criminal activity, except as provided in this
5800	section. The court may, at its sole discretion, order the
5801	expunction of a criminal history record pertaining to more than
5802	one arrest if the additional arrests directly relate to the
5803	original arrest. If the court intends to order the expunction of
5804	records pertaining to such additional arrests, such intent must
5805	be specified in the order. A criminal justice agency may not
5806	expunge any record pertaining to such additional arrests if the
5807	order to expunge does not articulate the intention of the court
5808	to expunge a record pertaining to more than one arrest. This
5809	section does not prevent the court from ordering the expunction
5810	of only a portion of a criminal history record pertaining to one
5811	arrest or one incident of alleged criminal activity.
5812	Notwithstanding any law to the contrary, a criminal justice
5813	agency may comply with laws, court orders, and official requests
5814	of other jurisdictions relating to expunction, correction, or
5815	confidential handling of criminal history records or information
5816	derived therefrom. This section does not confer any right to the
5817	expunction of any criminal history record, and any request for
5818	expunction of a criminal history record may be denied at the
5819	sole discretion of the court.
5820	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
5821	criminal history record of a minor or an adult which is ordered
5822	expunged by a court of competent jurisdiction pursuant to this
5823	section must be physically destroyed or obliterated by any
5824	criminal justice agency having custody of such record; except
5825	that any criminal history record in the custody of the
5826	department must be retained in all cases. A criminal history
5827	record ordered expunged that is retained by the department is
5828	confidential and exempt from the provisions of s. 119.07(1) and
5829	s. 24(a), Art. I of the State Constitution and not available to
5830	any person or entity except upon order of a court of competent
5831	jurisdiction. A criminal justice agency may retain a notation
5832	indicating compliance with an order to expunge.
5833	(a)  The person who is the subject of a criminal history
5834	record that is expunged under this section or under other
5835	provisions of law, including former s. 893.14, former s. 901.33,
5836	and former s. 943.058, may lawfully deny or fail to acknowledge
5837	the arrests covered by the expunged record, except when the
5838	subject of the record:
5839	1.  Is a candidate for employment with a criminal justice
5840	agency;
5841	2.  Is a defendant in a criminal prosecution;
5842	3.  Concurrently or subsequently petitions for relief under
5843	this section or s. 943.059;
5844	4.  Is a candidate for admission to The Florida Bar;
5845	5.  Is seeking to be employed or licensed by or to contract
5846	with the Department of Children and Family Services or the
5847	Department of Juvenile Justice or to be employed or used by such
5848	contractor or licensee in a sensitive position having direct
5849	contact with children, the developmentally disabled, the aged,
5850	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
5851	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
5852	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
5853	6.  Is seeking to be employed or licensed by the Office of
5854	Teacher Education, Certification, Staff Development, and
5855	Professional Practices of the Department of Education, any
5856	district school board, or any local governmental entity that
5857	licenses child care facilities.
5858	Section 98.  Paragraph (a) of subsection (4) of section
5859	943.059, Florida Statutes, is amended to read:
5860	943.059  Court-ordered sealing of criminal history
5861	records.--The courts of this state shall continue to have
5862	jurisdiction over their own procedures, including the
5863	maintenance, sealing, and correction of judicial records
5864	containing criminal history information to the extent such
5865	procedures are not inconsistent with the conditions,
5866	responsibilities, and duties established by this section. Any
5867	court of competent jurisdiction may order a criminal justice
5868	agency to seal the criminal history record of a minor or an
5869	adult who complies with the requirements of this section. The
5870	court shall not order a criminal justice agency to seal a
5871	criminal history record until the person seeking to seal a
5872	criminal history record has applied for and received a
5873	certificate of eligibility for sealing pursuant to subsection
5874	(2). A criminal history record that relates to a violation of s.
5875	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
5876	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
5877	847.0145, s. 893.135, or a violation enumerated in s. 907.041
5878	may not be sealed, without regard to whether adjudication was
5879	withheld, if the defendant was found guilty of or pled guilty or
5880	nolo contendere to the offense, or if the defendant, as a minor,
5881	was found to have committed or pled guilty or nolo contendere to
5882	committing the offense as a delinquent act. The court may only
5883	order sealing of a criminal history record pertaining to one
5884	arrest or one incident of alleged criminal activity, except as
5885	provided in this section. The court may, at its sole discretion,
5886	order the sealing of a criminal history record pertaining to
5887	more than one arrest if the additional arrests directly relate
5888	to the original arrest. If the court intends to order the
5889	sealing of records pertaining to such additional arrests, such
5890	intent must be specified in the order. A criminal justice agency
5891	may not seal any record pertaining to such additional arrests if
5892	the order to seal does not articulate the intention of the court
5893	to seal records pertaining to more than one arrest. This section
5894	does not prevent the court from ordering the sealing of only a
5895	portion of a criminal history record pertaining to one arrest or
5896	one incident of alleged criminal activity. Notwithstanding any
5897	law to the contrary, a criminal justice agency may comply with
5898	laws, court orders, and official requests of other jurisdictions
5899	relating to sealing, correction, or confidential handling of
5900	criminal history records or information derived therefrom. This
5901	section does not confer any right to the sealing of any criminal
5902	history record, and any request for sealing a criminal history
5903	record may be denied at the sole discretion of the court.
5904	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
5905	history record of a minor or an adult which is ordered sealed by
5906	a court of competent jurisdiction pursuant to this section is
5907	confidential and exempt from the provisions of s. 119.07(1) and
5908	s. 24(a), Art. I of the State Constitution and is available only
5909	to the person who is the subject of the record, to the subject's
5910	attorney, to criminal justice agencies for their respective
5911	criminal justice purposes, or to those entities set forth in
5912	subparagraphs (a)1., 4., 5., and 6. for their respective
5913	licensing and employment purposes.
5914	(a)  The subject of a criminal history record sealed under
5915	this section or under other provisions of law, including former
5916	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
5917	deny or fail to acknowledge the arrests covered by the sealed
5918	record, except when the subject of the record:
5919	1.  Is a candidate for employment with a criminal justice
5920	agency;
5921	2.  Is a defendant in a criminal prosecution;
5922	3.  Concurrently or subsequently petitions for relief under
5923	this section or s. 943.0585;
5924	4.  Is a candidate for admission to The Florida Bar;
5925	5.  Is seeking to be employed or licensed by or to contract
5926	with the Department of Children and Family Services or the
5927	Department of Juvenile Justice or to be employed or used by such
5928	contractor or licensee in a sensitive position having direct
5929	contact with children, the developmentally disabled, the aged,
5930	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
5931	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
5932	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
5933	400; or
5934	6.  Is seeking to be employed or licensed by the Office of
5935	Teacher Education, Certification, Staff Development, and
5936	Professional Practices of the Department of Education, any
5937	district school board, or any local governmental entity which
5938	licenses child care facilities.
5939	Section 99.  Subsections (3) and (4) of section 393.0641,
5940	Florida Statutes, are amended to read:
5941	393.0641  Program for the prevention and treatment of
5942	severe self-injurious behavior.--
5943	(3)  The agency department may contract for the provision
5944	of any portion or all of the services required by the program.
5945	(4)  The agency has department shall have the authority to
5946	license this program and shall adopt promulgate rules to
5947	implement the program.
5948	Section 100.  Section 393.065, Florida Statutes, is amended
5949	to read:
5950	393.065  Application and eligibility determination.--
5951	(1)  Application for services shall be made in writing to
5952	the agency Department of Children and Family Services, in the
5953	district in which the applicant resides. Employees of the
5954	agency's department's developmental services program shall
5955	review each applicant for eligibility within 45 days after the
5956	date the application is signed for children under 6 years of age
5957	and within 60 days after the date the application is signed for
5958	all other applicants. When necessary to definitively identify
5959	individual conditions or needs, the agency department shall
5960	provide a comprehensive assessment. Only individuals whose
5961	domicile is in Florida are shall be eligible for services.
5962	Information accumulated by other agencies, including
5963	professional reports and collateral data, shall be considered in
5964	this process when available.
5965	(2)  In order to provide immediate services or crisis
5966	intervention to applicants, the agency department shall arrange
5967	for emergency eligibility determination, with a full eligibility
5968	review to be accomplished within 45 days of the emergency
5969	eligibility determination.
5970	(3)  The agency department shall notify each applicant, in
5971	writing, of its eligibility decision. Any applicant determined
5972	by the agency department to be ineligible for developmental
5973	services has shall have the right to appeal this decision
5974	pursuant to ss. 120.569 and 120.57.
5975	(4)  The agency department shall assess the level of need
5976	and medical necessity for prospective residents of intermediate-
5977	care facilities for the developmentally disabled after October
5978	1, 1999. The agency department may enter into an agreement with
5979	the Department of Elderly Affairs for its Comprehensive
5980	Assessment and Review for Long-Term-Care Services (CARES)
5981	program to conduct assessments to determine the level of need
5982	and medical necessity for long-term-care services under this
5983	chapter. To the extent permissible under federal law, the
5984	assessments must be funded under Title XIX of the Social
5985	Security Act.
5986	Section 101.  Section 393.0651, Florida Statutes, is
5987	amended to read:
5988	393.0651  Family or individual support plan.--The agency
5989	department shall provide for an appropriate family support plan
5990	for children ages birth to 18 years of age and an individual
5991	support plan for each client. The parent or guardian of the
5992	client or, if competent, the client, or, when appropriate, the
5993	client advocate, shall be consulted in the development of the
5994	plan and shall receive a copy of the plan. Each plan shall
5995	include the most appropriate, least restrictive, and most cost-
5996	beneficial environment for accomplishment of the objectives for
5997	client progress and a specification of all services authorized.
5998	The plan shall include provisions for the most appropriate level
5999	of care for the client. Within the specification of needs and
6000	services for each client, when residential care is necessary,
6001	the agency department shall move toward placement of clients in
6002	residential facilities based within the client's community. The
6003	ultimate goal of each plan, whenever possible, shall be to
6004	enable the client to live a dignified life in the least
6005	restrictive setting, be that in the home or in the community.
6006	For children under 6 years of age, the family support plan shall
6007	be developed within the 45-day application period as specified
6008	in s. 393.065(1); for all applicants 6 years of age or older,
6009	the family or individual support plan shall be developed within
6010	the 60-day period as specified in that subsection.
6011	(1)  The agency department shall develop and specify by
6012	rule the core components of support plans to be used by each
6013	district.
6014	(2)(a)  The family or individual support plan shall be
6015	integrated with the individual education plan (IEP) for all
6016	clients who are public school students entitled to a free
6017	appropriate public education under the Individuals with
6018	Disabilities Education Act, I.D.E.A., as amended. The family or
6019	individual support plan and IEP shall be implemented to maximize
6020	the attainment of educational and habilitation goals. If the IEP
6021	for a student enrolled in a public school program indicates
6022	placement in a public or private residential program is
6023	necessary to provide special education and related services to a
6024	client, the local education agency shall provide for the costs
6025	of that service in accordance with the requirements of the
6026	Individuals with Disabilities Education Act, I.D.E.A., as
6027	amended. This shall not preclude local education agencies and
6028	the agency department from sharing the residential service costs
6029	of students who are clients and require residential placement.
6030	Under no circumstances shall clients entitled to a public
6031	education or their parents be assessed a fee by the agency
6032	department under s. 402.33 for placement in a residential
6033	program.
6034	(b)  For clients who are entering or exiting the school
6035	system, an interdepartmental staffing team composed of
6036	representatives of the agency department and the local school
6037	system shall develop a written transitional living and training
6038	plan with the participation of the client or with the parent or
6039	guardian of the client, or the client advocate, as appropriate.
6040	(3)  Each family or individual support plan shall be
6041	facilitated through case management designed solely to advance
6042	the individual needs of the client.
6043	(4)  In the development of the family or individual support
6044	plan, a client advocate may be appointed by the support planning
6045	team for a client who is a minor or for a client who is not
6046	capable of express and informed consent when:
6047	(a)  The parent or guardian cannot be identified;
6048	(b)  The whereabouts of the parent or guardian cannot be
6049	discovered; or
6050	(c)  The state is the only legal representative of the
6051	client.
6052
6053	Such appointment shall not be construed to extend the powers of
6054	the client advocate to include any of those powers delegated by
6055	law to a legal guardian.
6056	(5)  The agency department shall place a client in the most
6057	appropriate and least restrictive, and cost-beneficial,
6058	residential facility according to his or her individual
6059	habilitation plan. The parent or guardian of the client or, if
6060	competent, the client, or, when appropriate, the client
6061	advocate, and the administrator of the residential facility to
6062	which placement is proposed shall be consulted in determining
6063	the appropriate placement for the client. Considerations for
6064	placement shall be made in the following order:
6065	(a)  Client's own home or the home of a family member or
6066	direct service provider.
6067	(b)  Foster care facility.
6068	(c)  Group home facility.
6069	(d)  Intermediate care facility for the developmentally
6070	disabled.
6071	(e)  Other facilities licensed by the agency department
6072	which offer special programs for people with developmental
6073	disabilities.
6074	(f)  Developmental services institution.
6075	(6)  In developing a client's annual family or individual
6076	support plan, the individual or family with the assistance of
6077	the support planning team shall identify measurable objectives
6078	for client progress and shall specify a time period expected for
6079	achievement of each objective.
6080	(7)  The individual, family, and support coordinator shall
6081	review progress in achieving the objectives specified in each
6082	client's family or individual support plan, and shall revise the
6083	plan annually, following consultation with the client, if
6084	competent, or with the parent or guardian of the client, or,
6085	when appropriate, the client advocate. The agency department
6086	shall annually report in writing to the client, if competent, or
6087	to the parent or guardian of the client, or to the client
6088	advocate, when appropriate, with respect to the client's
6089	habilitative and medical progress.
6090	(8)  Any client, or any parent of a minor client, or
6091	guardian, authorized guardian advocate, or client advocate for a
6092	client, who is substantially affected by the client's initial
6093	family or individual support plan, or the annual review thereof,
6094	shall have the right to file a notice to challenge the decision
6095	pursuant to ss. 120.569 and 120.57. Notice of such right to
6096	appeal shall be included in all support plans provided by the
6097	agency department.
6098	Section 102.  Section 393.0673, Florida Statutes, is
6099	amended to read:
6100	393.0673  Denial, suspension, revocation of license;
6101	moratorium on admissions; administrative fines; procedures.--
6102	(1)  The agency Department of Children and Family Services
6103	may deny, revoke, or suspend a license or impose an
6104	administrative fine, not to exceed $1,000 per violation per day,
6105	for a violation of any provision of s. 393.0655 or s. 393.067 or
6106	rules adopted pursuant thereto. All hearings shall be held
6107	within the county in which the licensee or applicant operates or
6108	applies for a license to operate a facility as defined herein.
6109	(2)  The agency department, as a part of any final order
6110	issued by it under the provisions of this chapter, may impose
6111	such fine as it deems proper, except that such fine may not
6112	exceed $1,000 for each violation.  Each day a violation of this
6113	chapter occurs constitutes a separate violation and is subject
6114	to a separate fine, but in no event may the aggregate amount of
6115	any fine exceed $10,000.  Fines paid by any facility licensee
6116	under the provisions of this subsection shall be deposited in
6117	the Resident Protection Trust Fund and expended as provided in
6118	s. 400.063.
6119	(3)  The agency department may issue an order immediately
6120	suspending or revoking a license when it determines that any
6121	condition in the facility presents a danger to the health,
6122	safety, or welfare of the residents in the facility.
6123	(4)  The agency department may impose an immediate
6124	moratorium on admissions to any facility when the department
6125	determines that any condition in the facility presents a threat
6126	to the health, safety, or welfare of the residents in the
6127	facility.
6128	Section 103.  Subsections (1) and (3) of section 393.0675,
6129	Florida Statutes, are amended to read:
6130	393.0675  Injunctive proceedings authorized.--
6131	(1)  The agency Department of Children and Family Services
6132	may institute injunctive proceedings in a court of competent
6133	jurisdiction to:
6134	(a)  Enforce the provisions of this chapter or any minimum
6135	standard, rule, regulation, or order issued or entered pursuant
6136	thereto; or
6137	(b)  Terminate the operation of facilities licensed
6138	pursuant to this chapter when any of the following conditions
6139	exist:
6140	1.  Failure by the facility to take preventive or
6141	corrective measures in accordance with any order of the agency
6142	department.
6143	2.  Failure by the facility to abide by any final order of
6144	the agency department once it has become effective and binding.
6145	3.  Any violation by the facility constituting an emergency
6146	requiring immediate action as provided in s. 393.0673.
6147	(3)  The agency department may institute proceedings for an
6148	injunction in a court of competent jurisdiction to terminate the
6149	operation of a provider of supports or services if such provider
6150	has willfully and knowingly refused to comply with the screening
6151	requirement for direct service providers or has refused to
6152	terminate direct service providers found not to be in compliance
6153	with the requirements for good moral character.
6154	Section 104.  Subsection (1), paragraphs (b), (c), and (d)
6155	of subsection (2), and paragraph(e) of subsection (3) of section
6156	393.0678, Florida Statutes, are amended to read:
6157	393.0678  Receivership proceedings.--
6158	(1)  The agency department may petition a court of
6159	competent jurisdiction for the appointment of a receiver for an
6160	intermediate care facility for the developmentally disabled, a
6161	residential habilitation center, or a group home facility owned
6162	and operated by a corporation or partnership when any of the
6163	following conditions exist:
6164	(a)  Any person is operating a facility without a license
6165	and refuses to make application for a license as required by s.
6166	393.067 or, in the case of an intermediate care facility for the
6167	developmentally disabled, as required by ss. 393.067 and
6168	400.062.
6169	(b)  The licensee is closing the facility or has informed
6170	the department that it intends to close the facility; and
6171	adequate arrangements have not been made for relocation of the
6172	residents within 7 days, exclusive of weekends and holidays, of
6173	the closing of the facility.
6174	(c)  The agency department determines that conditions exist
6175	in the facility which present an imminent danger to the health,
6176	safety, or welfare of the residents of the facility or which
6177	present a substantial probability that death or serious physical
6178	harm would result therefrom.  Whenever possible, the agency
6179	department shall facilitate the continued operation of the
6180	program.
6181	(d)  The licensee cannot meet its financial obligations to
6182	provide food, shelter, care, and utilities. Evidence such as the
6183	issuance of bad checks or the accumulation of delinquent bills
6184	for such items as personnel salaries, food, drugs, or utilities
6185	constitutes prima facie evidence that the ownership of the
6186	facility lacks the financial ability to operate the home in
6187	accordance with the requirements of this chapter and all rules
6188	promulgated thereunder.
6189	(2)
6190	(b)  A hearing shall be conducted within 5 days of the
6191	filing of the petition, at which time all interested parties
6192	shall have the opportunity to present evidence pertaining to the
6193	petition.  The agency department shall notify the owner or
6194	operator of the facility named in the petition of its filing and
6195	the date set for the hearing.
6196	(c)  The court shall grant the petition only upon finding
6197	that the health, safety, or welfare of residents of the facility
6198	would be threatened if a condition existing at the time the
6199	petition was filed is permitted to continue.  A receiver may not
6200	be appointed ex parte unless the court determines that one or
6201	more of the conditions in subsection (1) exist; that the
6202	facility owner or operator cannot be found; that all reasonable
6203	means of locating the owner or operator and notifying him or her
6204	of the petition and hearing have been exhausted; or that the
6205	owner or operator after notification of the hearing chooses not
6206	to attend. After such findings, the court may appoint any person
6207	qualified by education, training, or experience to carry out the
6208	responsibilities of receiver pursuant to this section, except
6209	that the court may not appoint any owner or affiliate of the
6210	facility which is in receivership.  Before the appointment as
6211	receiver of a person who is the operator, manager, or supervisor
6212	of another facility, the court shall determine that the person
6213	can reasonably operate, manage, or supervise more than one
6214	facility.  The receiver may be appointed for up to 90 days with
6215	the option of petitioning the court for 30-day extensions.  The
6216	receiver may be selected from a list of persons qualified to act
6217	as receivers developed by the agency department and presented to
6218	the court with each petition for receivership. Under no
6219	circumstances may the agency department or designated agency
6220	departmental employee be appointed as a receiver for more than
6221	60 days; however, the agency departmental receiver may petition
6222	the court for 30-day extensions.  The court shall grant an
6223	extension upon a showing of good cause.  The agency department
6224	may petition the court to appoint a substitute receiver.
6225	(d)  During the first 60 days of the receivership, the
6226	agency department may not take action to decertify or revoke the
6227	license of a facility unless conditions causing imminent danger
6228	to the health and welfare of the residents exist and a receiver
6229	has been unable to remove those conditions.  After the first 60
6230	days of receivership, and every 60 days thereafter until the
6231	receivership is terminated, the agency department shall submit
6232	to the court the results of an assessment of the ability of the
6233	facility to assure the safety and care of the residents.  If the
6234	conditions at the facility or the intentions of the owner
6235	indicate that the purpose of the receivership is to close the
6236	facility rather than to facilitate its continued operation, the
6237	agency department shall place the residents in appropriate
6238	alternate residential settings as quickly as possible.  If, in
6239	the opinion of the court, the agency department has not been
6240	diligent in its efforts to make adequate arrangements for
6241	placement, the court shall find the agency department to be in
6242	contempt and shall order the agency department to submit its
6243	plans for moving the residents.
6244	(3)  The receiver shall make provisions for the continued
6245	health, safety, and welfare of all residents of the facility
6246	and:
6247	(e)  May use the building, fixtures, furnishings, and any
6248	accompanying consumable goods in the provision of care and
6249	services to residents and to any other persons receiving
6250	services from the facility at the time the petition for
6251	receivership was filed.  The receiver shall collect payments for
6252	all goods and services provided to residents or others during
6253	the period of the receivership at the same rate of payment
6254	charged by the owner at the time the petition for receivership
6255	was filed, or at a fair and reasonable rate otherwise approved
6256	by the court for private, paying residents. The receiver may
6257	apply to the agency department for a rate increase for residents
6258	under Title XIX of the Social Security Act if the facility is
6259	not receiving the state reimbursement cap and if expenditures
6260	justify an increase in the rate.
6261	Section 105.  Section 393.071, Florida Statutes, is amended
6262	to read:
6263	393.071  Client fees.--The agency Department of Children
6264	and Family Services shall charge fees for services provided to
6265	clients in accordance with s. 402.33.
6266	Section 106.  Subsection (2) of section 393.075, Florida
6267	Statutes, is amended to read:
6268	393.075  General liability coverage.--
6269	(2)  The Division of Risk Management of the Department of
6270	Financial Services shall provide coverage through the agency
6271	Department of Children and Family Services to any person who
6272	owns or operates a foster care facility or group home facility
6273	solely for the agency Department of Children and Family
6274	Services, who cares for children placed by developmental
6275	services staff of the agency department, and who is licensed
6276	pursuant to s. 393.067 to provide such supervision and care in
6277	his or her place of residence. The coverage shall be provided
6278	from the general liability account of the State Risk Management
6279	Trust Fund.  The coverage is limited to general liability claims
6280	arising from the provision of supervision and care of children
6281	in a foster care facility or group home facility pursuant to an
6282	agreement with the agency department and pursuant to guidelines
6283	established through policy, rule, or statute. Coverage shall be
6284	subject to the limits provided in ss. 284.38 and 284.385, and
6285	the exclusions set forth therein, together with other exclusions
6286	as may be set forth in the certificate of coverage issued by the
6287	trust fund. A person covered under the general liability account
6288	pursuant to this subsection shall immediately notify the
6289	Division of Risk Management of the Department of Financial
6290	Services of any potential or actual claim.
6291	Section 107.  Section 393.115, Florida Statutes, is amended
6292	to read:
6293	393.115  Discharge.--
6294	(1)  DISCHARGE AT THE AGE OF MAJORITY.--
6295	(a)  When any residential client reaches his or her 18th
6296	birthday, the agency department shall give the resident or legal
6297	guardian the option to continue residential services or to be
6298	discharged from residential services.
6299	(b)  If the resident appears to meet the criteria for
6300	involuntary admission to residential services, as defined in s.
6301	393.11, the agency department shall file a petition to determine
6302	the appropriateness of continued residential placement on an
6303	involuntary basis. The agency department shall file the petition
6304	for involuntary admission in the county in which the client
6305	resides. If the resident was originally involuntarily admitted
6306	to residential services pursuant to s. 393.11, then the agency
6307	department shall file the petition in the court having
6308	continuing jurisdiction over the case.
6309	(c)  Nothing in this section shall in any way limit or
6310	restrict the resident's right to a writ of habeas corpus or the
6311	right of the agency department to transfer a resident receiving
6312	residential care to a program of appropriate services provided
6313	by the agency department when such program is the appropriate
6314	habilitative setting for the resident.
6315	(2)  DISCHARGE AFTER CRIMINAL OR JUVENILE COMMITMENT.--Any
6316	person with developmental disabilities committed to the custody
6317	of the agency department pursuant to the provisions of the
6318	applicable criminal or juvenile court law shall be discharged in
6319	accordance with the requirements of the applicable criminal or
6320	juvenile court law.
6321	Section 108.  Subsection (3) of section 393.12, Florida
6322	Statutes, is amended to read:
6323	393.12  Capacity; appointment of guardian advocate.--
6324	(3)  COURT COSTS.--In all proceedings under this section,
6325	no court costs shall be charged against the agency department.
6326	Section 109.  Section 393.125, Florida Statutes, is amended
6327	to read:
6328	393.125  Hearing rights.--
6329	(1)  REVIEW OF AGENCY DEPARTMENT DECISIONS.--
6330	(a)  Any developmental services applicant or client, or his
6331	or her parent, guardian, guardian advocate, or authorized
6332	representative, who has any substantial interest determined by
6333	the agency department, has shall have the right to request an
6334	administrative hearing pursuant to ss. 120.569 and 120.57.
6335	(b)  Notice of the right to an administrative hearing shall
6336	be given, both verbally and in writing, to the applicant or
6337	client, and his or her parent, guardian, guardian advocate, or
6338	authorized representative, at the same time that the agency
6339	department gives the applicant or client notice of the agency's
6340	department's action.  The notice shall be given, both verbally
6341	and in writing, in the language of the client or applicant and
6342	in English.
6343	(c)  A request for a hearing under this section shall be
6344	made to the agency department, in writing, within 30 days of the
6345	applicant's or client's receipt of the notice.
6346	(2)  REVIEW OF PROVIDER DECISIONS.--The agency department
6347	shall adopt promulgate rules to establish uniform guidelines for
6348	the agency department and service providers relevant to
6349	termination, suspension, or reduction of client services by the
6350	service provider.  The rules shall ensure the due process rights
6351	of service providers and clients.
6352	Section 110.  Subsections (3), (4), (5), and (6) of section
6353	393.15, Florida Statutes, are amended to read:
6354	393.15  Legislative intent; Community Resources Development
6355	Trust Fund.--
6356	(3)  There is created a Community Resources Development
6357	Trust Fund in the State Treasury to be used by the agency
6358	Department of Children and Family Services for the purpose of
6359	granting loans to eligible programs for the initial costs of
6360	development of the programs.  Loans shall be made only to those
6361	facilities which are in compliance with the zoning regulations
6362	of the local community.  Costs of development may include
6363	structural modification, the purchase of equipment and fire and
6364	safety devices, preoperational staff training, and the purchase
6365	of insurance.  Such costs shall not include the actual
6366	construction of a facility.
6367	(4)  The agency department may grant to an eligible program
6368	a lump-sum loan in one payment not to exceed the cost to the
6369	program of providing 2 months' services, care, or maintenance to
6370	each person who is developmentally disabled to be placed in the
6371	program by the agency department, or the actual cost of
6372	firesafety renovations to a facility required by the state,
6373	whichever is greater.  Loans granted to programs shall not be in
6374	lieu of payment for maintenance, services, or care provided, but
6375	shall stand separate and distinct.  The agency department shall
6376	adopt promulgate rules, as provided in chapter 120, to determine
6377	the standards under which a program shall be eligible to receive
6378	a loan as provided in this section and criteria for the
6379	equitable allocation of loan trust funds when eligible
6380	applications exceed the funds available.
6381	(5)  Any loan granted by the agency department under this
6382	section shall be repaid by the program within 5 years.  A
6383	program that which operates as a nonprofit corporation meeting
6384	the requirements of s. 501(c)(3) of the Internal Revenue Code,
6385	and that which seeks forgiveness of its loan shall submit to the
6386	agency department a statement setting forth the service it has
6387	provided during the year together with such other information as
6388	the agency department by rule shall require, and, upon approval
6389	of each such annual statement, the agency department shall
6390	forgive 20 percent of the principal of any such loan granted
6391	after June 30, 1975.
6392	(6)  If any program that which has received a loan under
6393	this section ceases to accept, or provide care, services, or
6394	maintenance to persons placed in the program by the department,
6395	or if such program files shall file papers of bankruptcy, at
6396	that point in time the loan shall become an interest-bearing
6397	loan at the rate of 5 percent per annum on the entire amount of
6398	the initial loan which shall be repaid within a 1-year period
6399	from the date on which the program ceases to provide care,
6400	services, or maintenance, or files papers in bankruptcy, and the
6401	amount of the loan due plus interest shall constitute a lien in
6402	favor of the state against all real and personal property of the
6403	program.  The lien shall be perfected by the appropriate officer
6404	of the agency department by executing and acknowledging a
6405	statement of the name of the program and the amount due on the
6406	loan and a copy of the promissory note, which shall be recorded
6407	by the agency department with the clerk of the circuit court in
6408	the county wherein the program is located.  If the program has
6409	filed a petition for bankruptcy, the agency department shall
6410	file and enforce the lien in the bankruptcy proceedings.
6411	Otherwise, the lien shall be enforced in the manner provided in
6412	s. 85.011.  All funds received by the agency department from the
6413	enforcement of the lien shall be deposited in the Community
6414	Resources Development Trust Fund.
6415	Section 111.  Subsection (1) of section 393.501, Florida
6416	Statutes, is amended to read:
6417	393.501  Rulemaking.--
6418	(1)  The agency department shall adopt rules to carry out
6419	the provisions of this chapter.
6420	Section 112.  Section 393.503, Florida Statutes, is amended
6421	to read:
6422	393.503  Respite and family care subsidy expenditures;
6423	funding.--The agency Department of Children and Family Services
6424	shall determine the amount of expenditures per fiscal year for
6425	the respite and family care subsidy to families and individuals
6426	with developmental disabilities living in their own homes.  This
6427	information shall be made available to the family care councils
6428	and to others requesting the information.  The family care
6429	councils shall review the expenditures and make recommendations
6430	to the agency department with respect to any new funds that are
6431	made available for family care.
6432	Section 113.  Subsection (2) of section 393.506, Florida
6433	Statutes, is amended to read:
6434	393.506  Administration of medication.--
6435	(2)  Each facility, institution, or program must include in
6436	its policies and procedures a plan for training designated staff
6437	to ensure the safe handling, storage, and administration of
6438	prescription medication. These policies and procedures must be
6439	approved by the agency department before unlicensed direct care
6440	services staff assist with medication.
6441	Section 114.  (1)  In the Department of Children and Family
6442	Services' Economic Self-Sufficiency Services program, the
6443	department may provide its eligibility determination functions
6444	either with department staff or through contract with at least
6445	two private vendors, with the following restrictions:
6446	(a)  With the exception of information technology, no
6447	contract shall be for a geographic area larger than a combined
6448	seven districts or combined three zones without the prior
6449	approval of the Legislative Budget Commission; and
6450	(b)  Department employees must provide the functions in at
6451	least one area of the state if their proposed cost is
6452	competitive with private vendors.
6453	(2)  This section shall take effect upon this act becoming
6454	a law.
6455	Section 115.  Except as otherwise expressly provided in
6456	this act, this act shall take effect July 1, 2004.

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