Senate Bill sb2808c1

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    Florida Senate - 2004                           CS for SB 2808

    By the Committee on Children and Families; and Senator Lynn





    300-2424-04

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 39.301, F.S.;

  4         requiring a risk assessment of the child and

  5         family to be commenced immediately upon receipt

  6         of the abuse report; providing for a continuous

  7         review of the risk assessment; providing for

  8         the development and implementation of a safety

  9         plan, a case plan, or both; amending s. 39.701,

10         F.S.; providing for a review of the status of

11         the child by the circuit court or a citizen

12         review panel; authorizing reviews by a citizen

13         review panel in lieu of court hearings;

14         requiring the court to specifically find if the

15         department has direct knowledge of the care the

16         child is receiving; providing for

17         recommendations from the citizen review panels

18         in place of recommended orders; amending s.

19         120.80, F.S.; exempting hearings of the Agency

20         for Health Care Administration from the

21         requirement of being conducted by an

22         administrative law judge; amending s. 393.0655,

23         F.S.; requiring the department to include

24         employment history checks in the employment

25         screening of direct service providers; amending

26         s. 393.066, F.S.; directing the department to

27         make supports and services available to certain

28         individuals with developmental disabilities;

29         amending s. 393.067, F.S.; providing that a

30         license issued to a residential facility or a

31         comprehensive transitional education program

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    Florida Senate - 2004                           CS for SB 2808
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 1         does not create a property right in the

 2         recipient; amending s. 393.13, F.S.; including,

 3         as goals for the design and delivery of

 4         services to persons who are developmentally

 5         disabled, the provision of a choice to seek

 6         gainful employment and a reduction in

 7         noncompetitive day activities; amending s.

 8         400.0255, F.S.; providing for certain hearings

 9         relating to resident transfer or discharge to

10         be conducted by the agency's Office of Fair

11         Hearings; amending s. 408.15, F.S.; authorizing

12         the agency to establish and conduct Medicaid

13         fair hearings; amending s. 409.91195, F.S.;

14         authorizing a Medicaid recipient to appeal a

15         decision concerning the preferred drug

16         formulary through the agency; amending s.

17         409.912, F.S.; requiring the department to

18         enter into contracts with certain providers for

19         the providers to supply services in any

20         provider network for prepaid behavioral health

21         services; amending s. 415.102, F.S.; adding

22         self-neglect to the definition of the term

23         "neglect" for purposes of adult protective

24         services; amending s. 415.1113, F.S.; requiring

25         notification of the right to be represented by

26         legal counsel at an administrative hearing

27         regarding an allegation of filing a false

28         report; amending s. 420.622, F.S.;

29         redesignating the Florida Coalition for

30         Supportive Housing; providing that grant moneys

31         for homeless persons may be used for certain

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    Florida Senate - 2004                           CS for SB 2808
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 1         eligible construction and rehabilitation costs;

 2         amending s. 420.623, F.S.; changing the date

 3         for the department to submit an annual report

 4         to the Governor and Legislature; amending s.

 5         420.625, F.S.; requiring that spending plans

 6         for funds from the grant-in-aid program include

 7         assurances to the department that the services

 8         are consistent with the continuum-of-care plan;

 9         creating ss. 393.135, 394.4593, and 916.1075,

10         F.S.; defining the terms "employee," "sexual

11         activity," and "sexual misconduct"; providing

12         that it is a second-degree felony for an

13         employee to engage in sexual misconduct with

14         certain developmentally disabled clients,

15         certain mental health patients, or certain

16         forensic clients; providing certain exceptions;

17         prohibiting certain employment, and providing

18         for dismissal from employment, of a person who

19         has engaged in sexual misconduct with certain

20         developmentally disabled clients, certain

21         mental health patients, or certain forensic

22         clients; requiring certain employees to report

23         sexual misconduct to the central abuse hotline

24         of the department and to law enforcement;

25         providing for notification to the inspector

26         general of the department; providing that it is

27         a first-degree misdemeanor to knowingly and

28         willfully fail to make a report as required, or

29         to prevent another from doing so, or to submit

30         inaccurate or untruthful information; providing

31         that it is a third-degree felony to coerce or

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    Florida Senate - 2004                           CS for SB 2808
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 1         threaten another person to alter testimony or a

 2         report with respect to an incident of sexual

 3         misconduct; providing criminal penalties;

 4         amending s. 435.03, F.S.; expanding level 1

 5         screening standards to include criminal

 6         offenses related to sexual misconduct with

 7         certain developmentally disabled clients,

 8         mental health patients, or forensic clients and

 9         the reporting of such sexual misconduct;

10         amending s. 435.04, F.S.; expanding level 2

11         screening standards to include the offenses

12         related to sexual misconduct with certain

13         developmentally disabled clients, mental health

14         patients, or forensic clients and the reporting

15         of such sexual misconduct; amending s.

16         943.0585, F.S., relating to court-ordered

17         expunction of criminal history records, for the

18         purpose of incorporating the amendment to s.

19         943.059, F.S., in a reference thereto;

20         providing that certain criminal history records

21         relating to sexual misconduct with

22         developmentally disabled clients, mental health

23         patients, or forensic clients, or the reporting

24         of such sexual misconduct, shall not be

25         expunged; providing that the application for

26         eligibility for expunction certify that the

27         criminal history record does not relate to an

28         offense involving sexual misconduct with

29         certain developmentally disabled clients,

30         mental health patients, or forensic clients, or

31         the reporting of such sexual misconduct;

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    Florida Senate - 2004                           CS for SB 2808
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 1         amending s. 943.059, F.S., relating to

 2         court-ordered sealing of criminal history

 3         records, for the purpose of incorporating the

 4         amendment to s. 943.0585, F.S., in a reference

 5         thereto; providing that certain criminal

 6         history records relating to sexual misconduct

 7         with developmentally disabled clients, mental

 8         health patients, or forensic clients, or the

 9         reporting of such sexual misconduct, shall not

10         be sealed; providing that the application for

11         eligibility for sealing certify that the

12         criminal history record does not relate to an

13         offense involving sexual misconduct with

14         certain developmentally disabled clients,

15         mental health patients, or forensic clients, or

16         the reporting of such sexual misconduct;

17         amending s. 400.215, F.S., and reenacting

18         paragraphs (b) and (c) of subsection (2) and

19         subsection (3), relating to background

20         screening requirements for certain nursing home

21         personnel, for the purpose of incorporating the

22         amendments to ss. 435.03 and 435.04, F.S., in

23         references thereto; correcting a

24         cross-reference; amending s. 400.964, F.S., and

25         reenacting subsections (1), (2), and (7),

26         relating to background screening requirements

27         for certain personnel employed by intermediate

28         care facilities for the developmentally

29         disabled, for the purpose of incorporating the

30         amendments to ss. 435.03 and 435.04, F.S., in

31         references thereto; correcting a

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    Florida Senate - 2004                           CS for SB 2808
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 1         cross-reference; amending s. 435.045, F.S., and

 2         reenacting paragraph (a) of subsection (1),

 3         relating to requirements for the placement of

 4         dependent children, for the purpose of

 5         incorporating the amendment to s. 435.04, F.S.,

 6         in a reference thereto; correcting a

 7         cross-reference; reenacting ss. 400.414(1)(f)

 8         and (g), 400.4174, 400.509(4)(a), (b), (c),

 9         (d), (f), and (g), 400.556(2)(c), 400.6065(1),

10         (2), and (4), 400.980(4)(a), (b), (c), (d),

11         (f), and (g), 409.175(2)(k), 409.907(8)(d),

12         435.05(1) and (3), 744.3135, and 985.04(2),

13         F.S., relating to denial, revocation, or

14         suspension of license to operate an assisted

15         living facility; background screening

16         requirements for certain personnel employed by

17         assisted living facilities; registration of

18         particular home health care service providers;

19         denial, suspension, or revocation of license to

20         operate adult day care centers; background

21         screening requirements for certain hospice

22         personnel; background screening requirements

23         for registrants of the health care service

24         pools; the definition of "screening" in

25         connection with the licensure of family foster

26         homes, residential child-caring agencies, and

27         child-placing agencies; background screening

28         requirements of Medicaid providers; employment

29         of persons in positions requiring background

30         screening; credit and criminal investigations

31         of guardians; and oaths, records, and

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    Florida Senate - 2004                           CS for SB 2808
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 1         confidential information pertaining to juvenile

 2         offenders, respectively, for the purpose of

 3         incorporating the amendments to ss. 435.03 and

 4         435.04, F.S., in references thereto; reenacting

 5         ss. 400.512, 400.619(4), 400.6194(1), 400.953,

 6         409.912(32), 435.07(4), 464.018(1)(e),

 7         744.309(3), 744.474(12), and 985.407(4), F.S.,

 8         relating to background screening of home health

 9         agency personnel, nurse registry personnel,

10         companions, and homemakers; application and

11         renewal of adult family-care home provider

12         licenses; denial, revocation, or suspension of

13         adult family-care home provider license;

14         background screening of home medical equipment

15         provider personnel and background screening

16         requirements for certain persons responsible

17         for managed care plans; exemptions from

18         disqualification from employment; denial of

19         nursing license and disciplinary actions

20         against such licensees; disqualification of

21         guardians; removal of guardians; and background

22         screening requirements for certain Department

23         of Juvenile Justice personnel, respectively,

24         for the purpose of incorporating the amendment

25         to s. 435.03, F.S., in references thereto;

26         reenacting ss. 39.001(2)(b), 39.821(1),

27         110.1127(3)(a) and (c), 112.0455(12)(a),

28         381.0059(1), (2), and (4), 381.60225(1)(a),

29         (b), (c), (d), (f), and (g), 383.305(7)(a),

30         (b), (c), (d), (f), and (g), 390.015(3)(a),

31         (b), (c), (d), (f), and (g), 393.0655(1),

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    Florida Senate - 2004                           CS for SB 2808
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 1         393.067(6)(a), (b), (c), (d), (f), and (g),

 2         394.875(13)(a), (b), (c), (d), (f), and (g),

 3         395.0055(1), (2), (3), (4), (6), and (8),

 4         395.0199(4)(a), (b), (c), (d), (f), and (g),

 5         397.451(1)(a), 400.071(4)(a), (b), (c), (d),

 6         and (f), 400.471(4)(a), (b), (c), (d), (f), and

 7         (g), 400.506(2)(a), (b), (c), (d), (f), and

 8         (g), 400.5572, 400.607(3)(a), 400.801(4)(a),

 9         (b), (c), (d), (f), and (g), 400.805(3)(a),

10         (b), (c), (d), (f), and (g), 400.906(5)(a),

11         (b), (c), (d), (f), and (g), 400.931(5)(a),

12         (b), (c), (e), and (f), 400.962(10)(a), (b),

13         (c), (d), and (f), 400.991(7)(b) and (d),

14         402.302(2)(e), 402.305(2)(a), 402.3054(3),

15         483.30(2)(a), (b), (c), (d), (f), and (g),

16         483.101(2)(a), (b), (c), (d), (f), and (g),

17         744.1085(5), 984.01(2)(b), 985.01(2)(b),

18         1002.36(7)(a) and (b), F.S., relating to

19         background screening requirements for certain

20         Department of Children and Family Services

21         personnel; qualifications of guardians ad

22         litem; security checks of certain public

23         officers and employees; background screening

24         requirements of certain laboratory personnel in

25         connection with the Drug-Free Workplace Act;

26         background screening requirements for school

27         health services personnel; background screening

28         of certain personnel of the public health

29         system; background screening and licensure of

30         birth center personnel; background screening

31         and licensure of abortion clinic personnel;

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    Florida Senate - 2004                           CS for SB 2808
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 1         background screening of direct service

 2         providers; background screening and licensure

 3         of personnel of intermediate care facilities

 4         for the developmentally disabled; background

 5         screening of mental health personnel;

 6         background screening and licensure of personnel

 7         of crisis stabilization units, residential

 8         treatment facilities, and residential treatment

 9         centers for children and adolescents;

10         background screening and licensure of personnel

11         of hospitals, ambulatory surgical centers, and

12         mobile surgical facilities; background

13         screening of certain personnel in connection

14         with registration for private utilization

15         reviews; background screening of certain

16         service provider personnel; background

17         screening and licensure of certain long-term

18         care facility personnel; background screening

19         and licensure of certain home health agency

20         personnel; background screening and licensure

21         of nurse registry applicants; background

22         screening of certain adult day care center

23         personnel; denial or revocation of hospice

24         license; background screening and licensure of

25         certain transitional living facility personnel;

26         background screening and licensure of certain

27         prescribed pediatric extended care center

28         personnel; background screening and licensure

29         of certain home medical equipment provider

30         personnel; background screening and licensure

31         of certain personnel of intermediate care

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    Florida Senate - 2004                           CS for SB 2808
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 1         facilities for the developmentally disabled;

 2         background screening and licensure of health

 3         care clinic personnel; the definition of "child

 4         care facility" in connection with background

 5         screening of operators; background screening

 6         requirements for personnel of child care

 7         facilities; background screening requirements

 8         for child enrichment service providers;

 9         background screening and licensure of certain

10         personnel of multiphasic health testing

11         centers; background screening and licensure of

12         certain clinical laboratory personnel;

13         regulation of professional guardians;

14         background screening of certain Department of

15         Juvenile Justice and Department of Children and

16         Family Services personnel in connection with

17         programs for children and families in need of

18         services; and background screening of certain

19         Department of Juvenile Justice and Department

20         of Children and Family Services personnel in

21         connection with juvenile justice programs,

22         background screening of personnel of the

23         Florida School for the Deaf and the Blind,

24         respectively, for the purposes of incorporating

25         the amendment to s. 435.04, F.S., in references

26         thereto; amending s. 394.4572, F.S.; requiring

27         the department and the agency to check the

28         employment history of a person when screening

29         mental health personnel for employment;

30         reenacting s. 943.0582(2)(a) and (6), F.S.,

31         relating to prearrest, postarrest, or teen

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    Florida Senate - 2004                           CS for SB 2808
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 1         court diversion program expunction for the

 2         purpose of incorporating the amendments to ss.

 3         943.0585 and 943.059, F.S., in references

 4         thereto; reenacting s. 943.053(7), (8), and

 5         (9), F.S., relating to dissemination of

 6         criminal justice information, for the purpose

 7         of incorporating the amendment to s. 943.059,

 8         F.S., in references thereto; providing

 9         applicability; directing the Department of

10         Children and Family Services to competitively

11         bid the eligibility determination activities of

12         certain public assistance programs; providing

13         for implementation in two districts by a

14         specified date; allowing current employees the

15         opportunity to present an offer to continue to

16         perform eligibility determination services;

17         directing the department to assist the

18         employees, if requested; authorizing the

19         department to use state funds to compensate

20         consultants who help current employees prepare

21         a bid response; requiring prior approval from

22         the Technology Review Workgroup before certain

23         changes are made; requiring an assessment prior

24         to implementation beyond the two districts;

25         specifying elements to be included in the

26         assessment; requiring reports to the Governor

27         and Legislature by specified dates; directing

28         the Governor to direct the department regarding

29         further implementation unless countermanded by

30         the Legislature; requiring semiannual reports

31         if implementation is continued beyond June 30,

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 1         2005; amending s. 39.304, F.S.; adding a law

 2         enforcement agency to the groups to which a

 3         health care facility licensed under ch. 395,

 4         F.S., must supply specified items during an

 5         investigation of abuse, abandonment, or neglect

 6         of a child; amending s. 39.302, F.S.; deleting

 7         a requirement that the Department of Children

 8         and Family Services notify the state attorney

 9         of a report of institutional child abuse;

10         authorizing a law enforcement agency and a

11         licensing or oversight agency conducting a

12         joint investigation to have access to

13         information of the Department of Children and

14         Family Services to the extent allowed by law;

15         requiring that the department inform the

16         facility of a report of child abuse; requiring

17         that the child's parent or legal custodian be

18         notified of the report; providing for an

19         on-site visit to the child's place of

20         residence; requiring the agency with oversight

21         responsibility of a facility to implement

22         identified safety actions under certain

23         circumstances; authorizing the Department of

24         Children and Family Services to recommend

25         corrective actions; deleting a requirement that

26         the department assist a facility in maintaining

27         its operation under certain circumstances;

28         requiring that the department notify the state

29         attorney or a law enforcement agency of

30         criminal conduct; requiring that criminal

31         investigations be coordinated with child

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    Florida Senate - 2004                           CS for SB 2808
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 1         protective investigations when possible;

 2         deleting requirements that the department

 3         provide a specialized team to investigate child

 4         abuse, neglect, or abandonment; requiring the

 5         department to adopt procedures for child

 6         protective investigations by rule; requiring

 7         the Department of Children and Family Services

 8         to adopt minimum hiring and training

 9         requirements by rule; requiring the Department

10         of Children and Family Services to report to

11         the Governor and the Legislature on its

12         implementation of the recommendations of an

13         interim project and the recommendations of the

14         Protective Investigator Retention Workgroup;

15         amending s. 61.21, F.S.; requiring the

16         Department of Children and Family Services to

17         approve parenting courses; establishing

18         requirements relating to the provision of

19         approved parenting courses; repealing s.

20         410.604(6), F.S., relating to fees charged by

21         the department and its providers for services

22         delivered to a disabled adult whose income is

23         above the eligibility standard for

24         institutional care; providing an effective

25         date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Subsection (6) and paragraph (b) of

30  subsection (9) of section 39.301, Florida Statutes, are

31  amended to read:

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 1         39.301  Initiation of protective investigations.--

 2         (6)  For each report accepted by the hotline for

 3  protective investigation, an assessment of risk and the

 4  perceived needs for the child and family shall be conducted.

 5  This assessment shall be initiated immediately upon receipt of

 6  the report from the hotline and shall be conducted in a manner

 7  that is sensitive to the social, economic, and cultural

 8  environment of the family. The This assessment must include a

 9  face-to-face interview with the child, other siblings,

10  parents, and other children and adults in the household and an

11  onsite assessment of the child's residence. During the

12  department's involvement with the child and family as a result

13  of the abuse report, the risk assessment shall continuously be

14  reviewed and amended to reflect any change to the risks and

15  needs of the child and family.

16         (9)

17         (b)  The onsite child protective investigation to be

18  performed shall include a face-to-face interview with the

19  child; other siblings; parents, legal custodians, or

20  caregivers; and other adults in the household and an onsite

21  assessment of the child's residence in order to:

22         1.  Determine the composition of the family or

23  household, including the name, address, date of birth, social

24  security number, sex, and race of each child named in the

25  report; any siblings or other children in the same household

26  or in the care of the same adults; the parents, legal

27  custodians, or caregivers; and any other adults in the same

28  household.

29         2.  Determine whether there is indication that any

30  child in the family or household has been abused, abandoned,

31  or neglected; the nature and extent of present or prior

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 1  injuries, abuse, or neglect, and any evidence thereof; and a

 2  determination as to the person or persons apparently

 3  responsible for the abuse, abandonment, or neglect, including

 4  the name, address, date of birth, social security number, sex,

 5  and race of each such person.

 6         3.  Determine the immediate and long-term risk to each

 7  child by conducting state and federal records checks,

 8  including, when feasible, the records of the Department of

 9  Corrections, on the parents, legal custodians, or caregivers,

10  and any other persons in the same household. This information

11  shall be used solely for purposes supporting the detection,

12  apprehension, prosecution, pretrial release, posttrial

13  release, or rehabilitation of criminal offenders or persons

14  accused of the crimes of child abuse, abandonment, or neglect

15  and shall not be further disseminated or used for any other

16  purpose. The department's child protection investigators are

17  hereby designated a criminal justice agency for the purpose of

18  accessing criminal justice information to be used for

19  enforcing this state's laws concerning the crimes of child

20  abuse, abandonment, and neglect.

21         4.  Determine the immediate and long-term risk to each

22  child through utilization of standardized risk assessment

23  instruments.

24         5.  Based on the information obtained from available

25  sources, complete the risk assessment instrument within 48

26  hours after the initial contact and, if determined necessary

27  by the assessment needed, develop and implement a safety plan,

28  develop and implement a case plan, or develop and implement

29  both a safety plan and a case plan.

30         6.  Determine the protective, treatment, and

31  ameliorative services necessary to safeguard and ensure the

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 1  child's safety and well-being and development, and cause the

 2  delivery of those services through the early intervention of

 3  the department or its agent. The training provided to staff

 4  members who conduct child protective investigations must

 5  include instruction on how and when to use the injunction

 6  process under s. 39.504 or s. 741.30 to remove a perpetrator

 7  of domestic violence from the home as an intervention to

 8  protect the child.

 9         Section 2.  Section 39.701, Florida Statutes, is

10  amended to read:

11         39.701  Judicial review.--

12         (1)(a)  The court shall retain have continuing

13  jurisdiction in accordance with this section and shall review

14  the status of the child at least once every 6 months as

15  required by this subsection or more frequently if the court

16  deems it necessary or desirable.

17         (b)  The court shall retain jurisdiction over a child

18  returned to his or her parents for a minimum period of 6

19  months following the reunification, but, at that time, based

20  on a report of the social service agency and the guardian ad

21  litem, if one has been appointed, and any other relevant

22  factors, the court shall make a determination as to whether

23  supervision by the department and the court's jurisdiction

24  shall continue or be terminated.

25         (2)(a)  The court shall review The status of the child

26  and shall be reviewed hold a hearing as provided in this part

27  at least every 6 months until the child reaches permanency

28  status. This review may be conducted by the court or a citizen

29  review panel authorized by the court, if one has been

30  authorized.

31  

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 1         (b)  For reviews conducted by the court, the court may

 2  dispense with the attendance of the child at the judicial

 3  review hearing, but may not dispense with the hearing or the

 4  presence of other parties to the review unless before the

 5  review a hearing a review is held before a citizen review

 6  panel. If the court conducts the review without the presence

 7  of the child, the court must specifically find whether the

 8  department has direct knowledge of the care the child is

 9  receiving.

10         (c)(b)  Citizen review panels may conduct hearings to

11  review the status of a child. The court shall select the cases

12  appropriate for referral to the citizen review panels and may

13  order the attendance of the parties at the reviews review

14  panel hearings. However, any party may object to the referral

15  of a case to a citizen review panel. Whenever such an

16  objection has been filed with the court, the court shall

17  review the substance of the objection and may conduct the

18  review itself or refer the review to a citizen review panel.

19  All parties retain the right to take exception to the findings

20  or recommendations recommended orders of a citizen review

21  panel in accordance with Rule 1.490(h), Florida Rules of Civil

22  Procedure.

23         (d)(c)  Notice of a review hearing by a citizen review

24  panel must be provided as set forth in subsection (5). At the

25  conclusion of a citizen review panel review hearing, each

26  party may propose recommendations a recommended order to the

27  chairperson of the panel. Thereafter, the citizen review panel

28  shall submit its report, copies of the proposed

29  recommendations recommended orders, and a copy of the panel's

30  recommendations recommended order to the court. The citizen

31  review panel's recommendations recommended order must be

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 1  limited to the dispositional options available to the court in

 2  subsection (8). Each party may file exceptions to the report

 3  and recommendations recommended order of the citizen review

 4  panel in accordance with Rule 1.490, Florida Rules of Civil

 5  Procedure.

 6         (3)(a)  The initial judicial review hearing must be

 7  held no later than 90 days after the date of the disposition

 8  hearing or after the date of the hearing at which the court

 9  approves the case plan, whichever comes first, but in no event

10  shall the review be held later than 6 months after the date

11  the child was removed from the home. A citizen review panel

12  panels may shall not conduct more than two consecutive reviews

13  without the child and the parties appearing coming before the

14  court for a judicial review hearing.

15         (b)  If the citizen review panel recommends extending

16  the goal of reunification for any case plan beyond 12 months

17  from the date the child was removed from the home or the case

18  plan was adopted, whichever date came first, the court must

19  schedule a judicial review hearing to be conducted by the

20  court within 30 days after receiving the recommendation from

21  the citizen review panel.

22         (c)  If the child is placed in the custody of the

23  department or a licensed child-placing agency for the purpose

24  of adoptive placement, judicial reviews must be held at least

25  every 6 months until the adoption is finalized.

26         (d)  If the department and the court have established a

27  formal agreement that includes specific authorization for

28  particular cases, the department may conduct administrative

29  reviews instead of the judicial reviews for children in

30  out-of-home care. Notices of such administrative reviews must

31  be provided to all parties. However, an administrative review

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 1  may not be substituted for the first judicial review, and in

 2  every case the court must conduct a judicial review at least

 3  every 6 months. Any party dissatisfied with the results of an

 4  administrative review may petition for a judicial review.

 5         (e)  The clerk of the circuit court shall schedule

 6  judicial review hearings in order to comply with the mandated

 7  times cited in this section.

 8         (f)  In each case in which a child has been voluntarily

 9  placed with the licensed child-placing agency, the agency

10  shall notify the clerk of the court in the circuit where the

11  child resides of the such placement no later than within 5

12  working days after the placement. Notification of the court is

13  not required for any child who will be in out-of-home care no

14  longer than 30 days unless that child is placed in out-of-home

15  care a second time within a 12-month period. If the child is

16  returned to the custody of the parents before the scheduled

17  review or hearing or if the child is placed for adoption, the

18  child-placing agency shall notify the court of the child's

19  return or placement no later than within 5 working days after

20  the return or placement, and the clerk of the court shall

21  cancel the review hearing.

22         (4)  The court shall schedule the date, time, and

23  location of the next judicial review hearing or review by the

24  citizen review panel during the judicial review hearing or the

25  review by the citizen review panel which and shall be listed

26  list same in the judicial review order.

27         (5)  Notice of a judicial review hearing or a citizen

28  review panel review hearing, and a copy of the motion for

29  judicial review, if any, must be served by the clerk of the

30  court upon:

31  

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 1         (a)  The social service agency charged with the

 2  supervision of care, custody, or guardianship of the child, if

 3  that agency is not the movant.

 4         (b)  The foster parent or legal custodian in whose home

 5  the child resides.

 6         (c)  The parents.

 7         (d)  The guardian ad litem for the child, or the

 8  representative of the guardian ad litem program if the program

 9  has been appointed.

10         (e)  Any preadoptive parent.

11         (f)  Any Such other person persons as the court may in

12  its discretion direct.

13  

14  Service of notice is not required on any person of the persons

15  listed in paragraphs (a)-(f) if the person was present at the

16  previous hearing or review during which the date, time, and

17  location of the hearing was announced.

18         (6)(a)  Before Prior to every judicial review hearing

19  or citizen review panel review hearing, the social service

20  agency shall make an investigation and social study concerning

21  all pertinent details relating to the child and shall furnish

22  to the court or citizen review panel a written report that

23  includes, but is not limited to:

24         1.  A description of the type of placement the child is

25  in at the time of the hearing or review, including the safety

26  of the child and the continuing necessity for and

27  appropriateness of the placement.

28         2.  Documentation of the diligent efforts made by all

29  parties to the case plan to comply with each applicable

30  provision of the plan.

31  

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 1         3.  The amount of fees assessed and collected during

 2  the period of time being reported.

 3         4.  The services provided to the foster family or legal

 4  custodian in an effort to address the needs of the child as

 5  indicated in the case plan.

 6         5.  A statement that either:

 7         a.  The parent, though able to do so, did not comply

 8  substantially with the provisions of the case plan, and the

 9  agency recommendations;

10         b.  The parent did substantially comply with the

11  provisions of the case plan; or

12         c.  The parent has partially complied with the

13  provisions of the case plan, with a summary of additional

14  progress needed and the agency recommendations.

15         6.  A statement from the foster parent or legal

16  custodian providing any material evidence concerning the

17  return of the child to the parent or parents.

18         7.  A statement concerning the frequency, duration, and

19  results of the parent-child visitation, if any, and the agency

20  recommendations for an expansion or restriction of future

21  visitation.

22         8.  The number of times a child has been removed from

23  his or her home and placed elsewhere, the number and types of

24  placements that have occurred, and the reason for the changes

25  in placement.

26         9.  The number of times a child's educational placement

27  has been changed, the number and types of educational

28  placements which have occurred, and the reason for any change

29  in placement.

30         10.  Copies of all medical, psychological, and

31  educational records that support the terms of the case plan

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 1  and that have been produced concerning the child, parents, or

 2  any caregiver since the last judicial review hearing or

 3  citizen review panel review.

 4         (b)  A copy of the social service agency's written

 5  report and the written report of the guardian ad litem must be

 6  served on all parties whose whereabouts are known; to the

 7  foster parents or legal custodians; and to the citizen review

 8  panel, at least 72 hours before the judicial review hearing or

 9  citizen review panel review hearing. The requirement for

10  providing parents with a copy of the written report does not

11  apply to those parents who have voluntarily surrendered their

12  child for adoption or who have had their parental rights to

13  the child terminated.

14         (c)  In a case in which the child has been permanently

15  placed with the social service agency, the agency shall

16  furnish to the court a written report concerning the progress

17  being made to place the child for adoption. If the child

18  cannot be placed for adoption, a report on the progress made

19  by the child towards alternative permanency goals or

20  placements, including, but not limited to, guardianship,

21  long-term custody, long-term licensed custody, or independent

22  living, must be submitted to the court. The report must be

23  submitted to the court at least 72 hours before each scheduled

24  judicial review hearing.

25         (d)  In addition to or in lieu of any written statement

26  provided to the court, the foster parent or legal custodian,

27  or any preadoptive parent, shall be given the opportunity to

28  address the court with any information relevant to the best

29  interests of the child at any judicial review hearing.

30         (7)  The court and any citizen review panel shall take

31  into consideration the information contained in the social

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 1  services study and investigation and all medical,

 2  psychological, and educational records that support the terms

 3  of the case plan; testimony by the social services agency, the

 4  parent, the foster parent or legal custodian, the guardian ad

 5  litem if one has been appointed for the child, and any other

 6  person deemed appropriate; and any relevant and material

 7  evidence submitted to the court, including written and oral

 8  reports to the extent of their probative value. These reports

 9  and evidence may be received by the court in its effort to

10  determine the action to be taken or recommended with regard to

11  the child and may be relied upon to the extent of their

12  probative value, even though not competent in an adjudicatory

13  hearing. In its deliberations, the court and any citizen

14  review panel shall seek to determine:

15         (a)  If the parent was advised of the right to receive

16  assistance from any person or social service agency in the

17  preparation of the case plan.

18         (b)  If the parent has been advised of the right to

19  have counsel present at the judicial review hearing or citizen

20  review panel review hearings. If not so advised, the court or

21  citizen review panel shall advise the parent of this such

22  right.

23         (c)  If a guardian ad litem needs to be appointed for

24  the child in a case in which a guardian ad litem has not

25  previously been appointed or if there is a need to continue a

26  guardian ad litem in a case in which a guardian ad litem has

27  been appointed.

28         (d)  The compliance or lack of compliance of all

29  parties with applicable items of the case plan, including the

30  parents' compliance with child support orders.

31  

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 1         (e)  The compliance or lack of compliance with a

 2  visitation contract between the parent and the social service

 3  agency for contact with the child, including the frequency,

 4  duration, and results of the parent-child visitation and the

 5  reason for any noncompliance.

 6         (f)  The compliance or lack of compliance of the parent

 7  in meeting specified financial obligations pertaining to the

 8  care of the child, including the reason for failure to comply

 9  if such is the case.

10         (g)  The appropriateness of the child's current

11  placement, including whether the child is in a setting which

12  is as family-like and as close to the parent's home as

13  possible, consistent with the child's best interests and

14  special needs, and including maintaining stability in the

15  child's educational placement.

16         (h)  A projected date likely for the child's return

17  home or other permanent placement.

18         (i)  When appropriate, the basis for the unwillingness

19  or inability of the parent to become a party to a case plan.

20  The court and the citizen review panel shall determine if the

21  efforts of the social service agency to secure party

22  participation in a case plan were sufficient.

23         (8)(a)  Based upon the criteria set forth in subsection

24  (7) and the recommendations recommended order of the citizen

25  review panel, if any, the court shall determine whether or not

26  the social service agency shall initiate proceedings to have a

27  child declared a dependent child, return the child to the

28  parent, continue the child in out-of-home care for a specified

29  period of time, or initiate termination of parental rights

30  proceedings for subsequent placement in an adoptive home.

31  Modifications to the plan must be handled as prescribed in s.

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 1  39.601. If the court finds that the prevention or

 2  reunification efforts of the department will allow the child

 3  to remain safely at home or be safely returned to the home,

 4  the court shall allow the child to remain in or return to the

 5  home after making a specific finding of fact that the reasons

 6  for the creation of the case plan have been remedied to the

 7  extent that the child's safety, well-being, and physical,

 8  mental, and emotional health will not be endangered.

 9         (b)  The court shall return the child to the custody of

10  the parents at any time it determines that the parents they

11  have substantially complied with the case plan, if the court

12  is satisfied that reunification will not be detrimental to the

13  child's safety, well-being, and physical, mental, and

14  emotional health.

15         (c)  If, in the opinion of the court, the social

16  service agency has not complied with its obligations as

17  specified in the written case plan, the court may find the

18  social service agency in contempt, shall order the social

19  service agency to submit its plans for compliance with the

20  agreement, and shall require the social service agency to show

21  why the child could not safely be returned to the home of the

22  parents.

23         (d)  The court may extend the time limitation of the

24  case plan, or may modify the terms of the plan, based upon

25  information provided by the social service agency, and the

26  guardian ad litem, if one has been appointed, the parent or

27  parents, and the foster parents or legal custodian, and any

28  other competent information on record demonstrating the need

29  for the amendment. If the court extends the time limitation of

30  the case plan, the court must make specific findings

31  concerning the frequency of past parent-child visitation, if

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 1  any, and the court may authorize the expansion or restriction

 2  of future visitation. Modifications to the plan must be

 3  handled as prescribed in s. 39.601. Any extension of a case

 4  plan must comply with the time requirements and other

 5  requirements specified by this chapter.

 6         (e)  If, at any judicial review, the court finds that

 7  the parents have failed to substantially comply with the case

 8  plan to the degree that further reunification efforts are

 9  without merit and not in the best interest of the child, it

10  may authorize the filing of a petition for termination of

11  parental rights, whether or not the time period as contained

12  in the case plan for substantial compliance has elapsed.

13         (f)  No later than 12 months after the date that the

14  child was placed in shelter care, the court shall conduct a

15  judicial review to plan for the child's permanency. At this

16  hearing, if the child is not returned to the physical custody

17  of the parents, the case plan may be extended with the same

18  goals only if the court finds that the situation of the child

19  is so extraordinary that the plan should be extended. The case

20  plan must document steps the department is taking to find an

21  adoptive parent or other permanent living arrangement for the

22  child.

23         (g)  The court may issue a protective order in

24  assistance, or as a condition, of any other order made under

25  this part. In addition to the requirements included in the

26  case plan, the protective order may set forth requirements

27  relating to reasonable conditions of behavior to be observed

28  for a specified period of time by a person or agency who is

29  before the court; and the such order may require the any such

30  person or agency to make periodic reports to the court

31  

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 1  containing any such information as the court prescribes in its

 2  discretion may prescribe.

 3         Section 3.  Subsection (7) of section 120.80, Florida

 4  Statutes, is amended to read:

 5         120.80  Exceptions and special requirements;

 6  agencies.--

 7         (7)  DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND

 8  AGENCY FOR HEALTH CARE ADMINISTRATION.--Notwithstanding s.

 9  120.57(1)(a), hearings conducted within the Department of

10  Children and Family Services and the Agency for Health Care

11  Administration in the execution of those social and economic

12  programs administered by the former Division of Family

13  Services of the former Department of Health and Rehabilitative

14  Services prior to the reorganization effected by chapter

15  75-48, Laws of Florida, need not be conducted by an

16  administrative law judge assigned by the division.

17         Section 4.  Subsection (1) of section 393.0655, Florida

18  Statutes, is amended to read:

19         393.0655  Screening of direct service providers.--

20         (1)  MINIMUM STANDARDS.--The department shall require

21  employment screening pursuant to chapter 435, using the level

22  2 standards for screening set forth in that chapter, for

23  direct service providers who are unrelated to their clients.

24  For the purposes of this chapter, employment screening of

25  direct service providers must also include, but is not limited

26  to, employment history checks as provided in chapter 435 for

27  the level 1 screening standards.

28         Section 5.  Subsection (1) of section 393.066, Florida

29  Statutes, is amended to read:

30         393.066  Community services and treatment for persons

31  who are developmentally disabled.--

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 1         (1)  The Department of Children and Family Services

 2  shall plan, develop, organize, and implement its programs of

 3  services and treatment for persons who are developmentally

 4  disabled along district lines.  The goal of these such

 5  programs shall be to allow clients to live as independently as

 6  possible in their own homes or communities and to achieve

 7  productive lives as close to normal as possible. To assist

 8  individuals to achieve independence and productivity, the

 9  department shall provide supports and services, within

10  available resources, to each individual who chooses to pursue

11  gainful employment who is enrolled in the Medicaid Home and

12  Community Based Waiver program or in the Medicaid Consumer

13  Directed Care program.

14         Section 6.  Subsection (3) of section 393.067, Florida

15  Statutes, is amended to read:

16         393.067  Licensure of residential facilities and

17  comprehensive transitional education programs.--

18         (3)  An application for a license for a residential

19  facility or a comprehensive transitional education program

20  shall be made to the Department of Children and Family

21  Services on a form furnished by it and shall be accompanied by

22  the appropriate license fee. A license issued to a residential

23  facility or a comprehensive transitional education program as

24  described in this section is not a professional license of any

25  individual. Receipt of a license under this section does not

26  create a property right in the recipient. A license is a

27  public trust and a privilege and is not an entitlement. This

28  privilege must guide the finder of fact or trier of law during

29  any administrative or court proceeding initiated by the

30  department.

31  

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 1         Section 7.  Paragraph (b) of subsection (2) of section

 2  393.13, Florida Statutes, is amended to read:

 3         393.13  Personal treatment of persons who are

 4  developmentally disabled.--

 5         (2)  LEGISLATIVE INTENT.--

 6         (b)  The Legislature further finds and declares that

 7  the design and delivery of treatment and services to persons

 8  who are developmentally disabled should be directed by the

 9  principles of normalization and therefore should:

10         1.  Abate the use of large institutions.

11         2.  Continue the development of community-based

12  services which provide reasonable alternatives to

13  institutionalization in settings that are least restrictive to

14  the client.

15         3.  Provide training and education to individuals who

16  are developmentally disabled which will maximize their

17  potential to lead independent and productive lives and which

18  will afford opportunities for outward mobility from

19  institutions.

20         4.  Afford all persons with developmental disabilities

21  the choice to seek the gainful employment that is a normal

22  part of adult life.

23         5.  Reduce the use of sheltered workshops and other

24  noncompetitive employment day activities.

25         Section 8.  Subsections (8), (15), and (16) of section

26  400.0255, Florida Statutes, are amended to read:

27         400.0255  Resident transfer or discharge; requirements

28  and procedures; hearings.--

29         (8)  The notice required by subsection (7) must be in

30  writing and must contain all information required by state and

31  federal law, rules, or regulations applicable to Medicaid or

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 1  Medicare cases. The agency shall develop a standard document

 2  to be used by all facilities licensed under this part for

 3  purposes of notifying residents of a discharge or transfer.

 4  The Such document must include a means for a resident to

 5  request the local long-term care ombudsman council to review

 6  the notice and request information about or assistance with

 7  initiating a fair hearing with the agency's department's

 8  Office of Fair Appeals Hearings. In addition to any other

 9  pertinent information included, the form shall specify the

10  reason allowed under federal or state law that the resident is

11  being discharged or transferred, with an explanation to

12  support this action. Further, the form shall state the

13  effective date of the discharge or transfer and the location

14  to which the resident is being discharged or transferred. The

15  form shall clearly describe the resident's appeal rights and

16  the procedures for filing an appeal, including the right to

17  request the local ombudsman council to review the notice of

18  discharge or transfer. A copy of the notice must be placed in

19  the resident's clinical record, and a copy must be transmitted

20  to the resident's legal guardian or representative and to the

21  local ombudsman council within 5 business days after signature

22  by the resident or resident designee.

23         (15)(a)  The agency's department's Office of Fair

24  Appeals Hearings shall conduct hearings under this section.

25  The office shall notify the facility of a resident's request

26  for a hearing.

27         (b)  The agency department shall adopt, by rule,

28  establish procedures to be used for fair hearings requested by

29  residents. These procedures shall be equivalent to the

30  procedures used for fair hearings for other Medicaid cases,

31  chapter 65-2 10-2, part VI, Florida Administrative Code.  The

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 1  burden of proof must be clear and convincing evidence. A

 2  hearing decision must be rendered within 90 days after receipt

 3  of the request for hearing.

 4         (c)  If the hearing decision is favorable to the

 5  resident who has been transferred or discharged, the resident

 6  must be readmitted to the facility's first available bed.

 7         (d)  The decision of the hearing officer is shall be

 8  final.  Any aggrieved party may appeal the decision to the

 9  district court of appeal in the appellate district where the

10  facility is located.  Appeal Review procedures shall be

11  conducted in accordance with the Florida Rules of Appellate

12  Procedure.

13         (16)  The agency department may adopt rules necessary

14  to administer this section.

15         Section 9.  Subsection (13) is added to section 408.15,

16  Florida Statutes, to read:

17         408.15  Powers of the agency.--In addition to the

18  powers granted to the agency elsewhere in this chapter, the

19  agency is authorized to:

20         (13)  Establish and conduct Medicaid fair hearings that

21  are unrelated to eligibility determinations, complying with 42

22  C.F.R. s. 431.200 and other applicable federal and state laws

23  and regulations.

24         Section 10.  Subsection (11) of section 409.91195,

25  Florida Statutes, is amended to read:

26         409.91195  Medicaid Pharmaceutical and Therapeutics

27  Committee.--There is created a Medicaid Pharmaceutical and

28  Therapeutics Committee within the Agency for Health Care

29  Administration for the purpose of developing a preferred drug

30  formulary pursuant to 42 U.S.C. s. 1396r-8.

31  

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 1         (11)  Medicaid recipients may appeal agency preferred

 2  drug formulary decisions using the Medicaid fair hearing

 3  process administered by the Agency for Health Care

 4  Administration Department of Children and Family Services.

 5         Section 11.  Paragraph (b) of subsection (4) of section

 6  409.912, Florida Statutes, is amended to read:

 7         409.912  Cost-effective purchasing of health care.--The

 8  agency shall purchase goods and services for Medicaid

 9  recipients in the most cost-effective manner consistent with

10  the delivery of quality medical care.  The agency shall

11  maximize the use of prepaid per capita and prepaid aggregate

12  fixed-sum basis services when appropriate and other

13  alternative service delivery and reimbursement methodologies,

14  including competitive bidding pursuant to s. 287.057, designed

15  to facilitate the cost-effective purchase of a case-managed

16  continuum of care. The agency shall also require providers to

17  minimize the exposure of recipients to the need for acute

18  inpatient, custodial, and other institutional care and the

19  inappropriate or unnecessary use of high-cost services. The

20  agency may establish prior authorization requirements for

21  certain populations of Medicaid beneficiaries, certain drug

22  classes, or particular drugs to prevent fraud, abuse, overuse,

23  and possible dangerous drug interactions. The Pharmaceutical

24  and Therapeutics Committee shall make recommendations to the

25  agency on drugs for which prior authorization is required. The

26  agency shall inform the Pharmaceutical and Therapeutics

27  Committee of its decisions regarding drugs subject to prior

28  authorization.

29         (4)  The agency may contract with:

30         (b)  An entity that is providing comprehensive

31  behavioral health care services to certain Medicaid recipients

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 1  through a capitated, prepaid arrangement under pursuant to the

 2  federal waiver provided for by s. 409.905(5). The Such an

 3  entity must be licensed under chapter 624, chapter 636, or

 4  chapter 641 and must possess the clinical systems and

 5  operational competence to manage risk and provide

 6  comprehensive behavioral health care to Medicaid recipients.

 7  As used in this paragraph, the term "comprehensive behavioral

 8  health care services" means covered mental health and

 9  substance abuse treatment services that are available to

10  Medicaid recipients. The secretary of the Department of

11  Children and Family Services shall approve provisions of

12  procurements related to children in the department's care or

13  custody before prior to enrolling the such children in a

14  prepaid behavioral health plan. Any contract awarded under

15  this paragraph must be competitively procured. In developing

16  the behavioral health care prepaid plan procurement document,

17  the agency shall ensure that the procurement document requires

18  the contractor to develop and implement a plan to ensure

19  compliance with s. 394.4574 related to services provided to

20  residents of licensed assisted living facilities that hold a

21  limited mental health license. The agency shall seek federal

22  approval to contract with a single entity meeting these

23  requirements to provide comprehensive behavioral health care

24  services to all Medicaid recipients in an AHCA area. Each

25  entity must offer sufficient choice of providers in its

26  network to ensure recipient access to care and the opportunity

27  to select a provider with whom they are satisfied. The network

28  shall include all public mental health hospitals. To ensure

29  unimpaired access to behavioral health care services by

30  Medicaid recipients, all contracts issued under pursuant to

31  this paragraph shall require 80 percent of the capitation paid

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 1  to the managed care plan, including health maintenance

 2  organizations, to be expended for the provision of behavioral

 3  health care services. In the event the managed care plan

 4  expends less than 80 percent of the capitation paid under

 5  pursuant to this paragraph for the provision of behavioral

 6  health care services, the difference shall be returned to the

 7  agency. The agency shall provide the managed care plan with a

 8  certification letter indicating the amount of capitation paid

 9  during each calendar year for the provision of behavioral

10  health care services under pursuant to this section. The

11  agency may reimburse for substance abuse treatment services on

12  a fee-for-service basis until the agency finds that adequate

13  funds are available for capitated, prepaid arrangements.

14         1.  By January 1, 2001, the agency shall modify the

15  contracts with the entities providing comprehensive inpatient

16  and outpatient mental health care services to Medicaid

17  recipients in Hillsborough, Highlands, Hardee, Manatee, and

18  Polk Counties, to include substance abuse treatment services.

19         2.  By July 1, 2003, the agency and the Department of

20  Children and Family Services shall execute a written agreement

21  that requires collaboration and joint development of all

22  policy, budgets, procurement documents, contracts, and

23  monitoring plans that have an impact on the state and Medicaid

24  community mental health and targeted case management programs.

25         3.  By July 1, 2006, the agency and the Department of

26  Children and Family Services shall contract with managed care

27  entities in each AHCA area except area 6 or arrange to provide

28  comprehensive inpatient and outpatient mental health and

29  substance abuse services through capitated prepaid

30  arrangements to all Medicaid recipients who are eligible to

31  participate in such plans under federal law and regulation. In

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 1  AHCA areas where eligible individuals number less than

 2  150,000, the agency shall contract with a single managed care

 3  plan. The agency may contract with more than one plan in AHCA

 4  areas where the eligible population exceeds 150,000. Contracts

 5  awarded pursuant to this section shall be competitively

 6  procured. Both for-profit and not-for-profit corporations

 7  shall be eligible to compete.

 8         4.  By October 1, 2003, the agency and the department

 9  shall submit a plan to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives which

11  provides for the full implementation of capitated prepaid

12  behavioral health care in all areas of the state. The plan

13  shall include provisions which ensure that children and

14  families receiving foster care and other related services are

15  appropriately served and that these services assist the

16  community-based care lead agencies in meeting the goals and

17  outcomes of the child welfare system. The plan will be

18  developed with the participation of community-based lead

19  agencies, community alliances, sheriffs, and community

20  providers serving dependent children.

21         a.  Implementation shall begin in 2003 in those AHCA

22  areas of the state where the agency is able to establish

23  sufficient capitation rates.

24         b.  If the agency determines that the proposed

25  capitation rate in any area is insufficient to provide

26  appropriate services, the agency may adjust the capitation

27  rate to ensure that care will be available. The agency and the

28  department may use existing general revenue to address any

29  additional required match but may not over-obligate existing

30  funds on an annualized basis.

31  

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 1         c.  Subject to any limitations provided for in the

 2  General Appropriations Act, the agency, in compliance with

 3  appropriate federal authorization, shall develop policies and

 4  procedures that allow for certification of local and state

 5  funds.

 6         5.  Children residing in a statewide inpatient

 7  psychiatric program, or in a Department of Juvenile Justice or

 8  a Department of Children and Family Services residential

 9  program approved as a Medicaid behavioral health overlay

10  services provider may shall not be included in a behavioral

11  health care prepaid health plan under pursuant to this

12  paragraph.

13         6.  In converting to a prepaid system of delivery, the

14  agency shall in its procurement document require an entity

15  providing comprehensive behavioral health care services to

16  prevent the displacement of indigent care patients by

17  enrollees in the Medicaid prepaid health plan providing

18  behavioral health care services from facilities receiving

19  state funding to provide indigent behavioral health care, to

20  facilities licensed under chapter 395 which do not receive

21  state funding for indigent behavioral health care, or

22  reimburse the unsubsidized facility for the cost of behavioral

23  health care provided to the displaced indigent care patient.

24         7.  Traditional community mental health and

25  substance-abuse treatment providers under contract with the

26  Department of Children and Family Services under pursuant to

27  part IV of chapter 394, child welfare providers under contract

28  with the Department of Children and Family Services, and

29  inpatient mental health providers licensed under pursuant to

30  chapter 395 must receive contracts to provide services be

31  offered an opportunity to accept or decline a contract to

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 1  participate in any provider network for prepaid behavioral

 2  health services.

 3         Section 12.  Subsection (15) of section 415.102,

 4  Florida Statutes, is amended to read:

 5         415.102  Definitions of terms used in ss.

 6  415.101-415.113.--As used in ss. 415.101-415.113, the term:

 7         (15)  "Neglect" means the failure or omission on the

 8  part of the caregiver or vulnerable adult to provide the care,

 9  supervision, and services necessary to maintain the physical

10  and mental health of the vulnerable adult, including, but not

11  limited to, food, clothing, medicine, shelter, supervision,

12  and medical services, that a prudent person would consider

13  essential for the well-being of a vulnerable adult.  The term

14  "neglect" also means the failure of a caregiver or vulnerable

15  adult to make a reasonable effort to protect a vulnerable

16  adult from abuse, neglect, or exploitation by others.

17  "Neglect" is repeated conduct or a single incident of

18  carelessness which produces or could reasonably be expected to

19  result in serious physical or psychological injury or a

20  substantial risk of death.

21         Section 13.  Subsection (5) of section 415.1113,

22  Florida Statutes, is amended and redesignated as subsection

23  (6), present subsections (6), (7), (8), (9), and (10) are

24  redesignated as subsections (7), (8), (9), (10), and (11),

25  respectively, and a new subsection (5) is added to that

26  section to read:

27         415.1113  Administrative fines for false report of

28  abuse, neglect, or exploitation of a vulnerable adult.--

29         (5)  A person alleged to have filed a false report may

30  be represented by legal counsel at the administrative hearing.

31  The notice of intent to impose the administrative fine set

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 1  forth in subsection (3) must include notification of the right

 2  to be represented by legal counsel.

 3         (6)(5)  At the administrative hearing, the department

 4  must prove by clear and convincing evidence that the person

 5  knowingly and willfully filed a false report with the central

 6  abuse hotline. The person has the right to be represented by

 7  legal counsel at the hearing.

 8         Section 14.  Subsections (2) and (5) of section

 9  420.622, Florida Statutes, are amended to read:

10         420.622  State Office on Homelessness; Council on

11  Homelessness.--

12         (2)  The Council on Homelessness is created to consist

13  of a 15-member council of public and private agency

14  representatives who shall develop policy and advise the State

15  Office on Homelessness. The council members shall be: the

16  Secretary of Children and Family Services, or his or her

17  designee; the Secretary of Community Affairs, or his or her

18  designee; the Secretary of Health, or his or her designee; the

19  Executive Director of Veterans' Affairs, or his or her

20  designee; the Secretary of Corrections, or his or her

21  designee; the Director of Workforce Florida, Inc., or his or

22  her designee; one representative of the Florida Association of

23  Counties; one representative of the Florida Coalition for

24  Supportive Housing Coalition; the Executive Director of the

25  Florida Housing Finance Corporation, or his or her designee;

26  one representative of the Florida Coalition for the Homeless;

27  one representative of the Florida State Rural Development

28  Council; and four members appointed by the Governor. The

29  council members shall be volunteer, nonpaid persons and shall

30  be reimbursed for travel expenses only. The appointed members

31  of the council shall serve staggered 2-year terms, and the

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 1  council shall meet at least four times per year. The

 2  importance of minority, gender, and geographic representation

 3  must be considered when appointing members to the council.

 4         (5)  The State Office on Homelessness, with the

 5  concurrence of the Council on Homelessness, may administer

 6  moneys appropriated to it to provide homeless housing

 7  assistance grants annually to lead agencies for local homeless

 8  assistance continuum of care, as recognized by the State

 9  Office on Homelessness, to construct or rehabilitate

10  transitional or permanent housing units for homeless persons.

11  These moneys shall consist of any sums that the state may

12  appropriate, as well as money received from donations, gifts,

13  bequests, or otherwise from any public or private source,

14  which money is intended to construct or rehabilitate

15  transitional or permanent housing units for homeless persons.

16         (a)  Grant applicants shall be ranked competitively.

17  Preference must be given to applicants who leverage additional

18  private funds and public funds, particularly federal funds

19  designated for the construction and rehabilitation of

20  transitional or permanent housing for homeless persons, who

21  build or rehabilitate the greatest number of units, and who

22  build or rehabilitate in catchment areas having the greatest

23  need for housing for the homeless relative to the population

24  of the catchment area.

25         (b)  Funding for any particular project may not exceed

26  $750,000.

27         (c)  Construction or rehabilitation activities, and

28  associated and related costs, to which funds available under

29  this subsection may be applied include, but are not limited

30  to:

31         1.  Site preparation and demolition;

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 1         2.  Professional fees of architects, surveyors, or

 2  engineers;

 3         3.  Local government building permits and impact fees;

 4         4.  Utilities and special district fees;

 5         5.  Labor, materials, and tools; and

 6         6.  Other costs associated with the construction or

 7  rehabilitation of the building.

 8  

 9  Any construction or rehabilitation activity or cost eligible

10  for funding under this subsection may be funded if the

11  activity or cost cannot be contributed, absorbed, or waived.

12         (d)(c)  Projects must reserve, for a minimum of 10

13  years, the number of units constructed or rehabilitated

14  through homeless housing assistance grant funding to serve

15  persons who are homeless at the time they assume tenancy.

16         (e)(d)  No more than two grants may be awarded annually

17  in any given local homeless assistance continuum of care

18  catchment area.

19         (f)(e)  A project may not be funded which is not

20  included in the local homeless assistance continuum of care

21  plan, as recognized by the State Office on Homelessness, for

22  the catchment area in which the project is located.

23         (g)(f)  The maximum percentage of funds that the State

24  Office on Homelessness and each applicant may spend on

25  administrative costs is 5 percent.

26         Section 15.  Subsection (4) of section 420.623, Florida

27  Statutes, is amended to read:

28         420.623  Local coalitions for the homeless.--

29         (4)  ANNUAL REPORTS.--The department shall submit to

30  the Governor, the Speaker of the House of Representatives, and

31  the President of the Senate, by December 31 June 30, an annual

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 1  report consisting of a compilation of data collected by local

 2  coalitions, progress made in the development and

 3  implementation of local homeless assistance continuums of care

 4  plans in each district, local spending plans, programs and

 5  resources available at the local level, and recommendations

 6  for programs and funding.

 7         Section 16.  Subsection (5) of section 420.625, Florida

 8  Statutes, is amended to read:

 9         420.625  Grant-in-aid program.--

10         (5)  SPENDING PLANS.--The department shall develop

11  guidelines for the development of spending plans and for the

12  evaluation and approval by district administrators of spending

13  plans, based upon such factors as:

14         (a)  The demonstrated level of need for the program.

15         (b)  The demonstrated ability of the local agency or

16  agencies seeking assistance to deliver the services and to

17  assure that identified needs will be met.

18         (c)  The ability of the local agency or agencies

19  seeking assistance to deliver a wide range of services as

20  enumerated in subsection (3).

21         (d)  The adequacy and reasonableness of proposed

22  budgets and planned expenditures, and the demonstrated

23  capacity of the local agency or agencies to administer the

24  funds sought.

25         (e)  A statement from the local coalition for the

26  homeless as to the steps to be taken to assure coordination

27  and integration of services in the district to avoid

28  unnecessary duplication and costs.

29         (f)  A statement from the designated lead agency of the

30  homeless assistance continuum of care catchment area in which

31  the services proposed will be provided, assuring the

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 1  department that the services are contained in, and consistent

 2  with, the coalition's written plan for its continuum of care.

 3         (g)(f)  Assurances by the local coalition for the

 4  homeless that alternative funding strategies for meeting needs

 5  through the reallocation of existing resources, utilization of

 6  volunteers, and local government or private agency funding

 7  have been explored.

 8         (h)(g)  The existence of an evaluation component

 9  designed to measure program outcomes and determine the overall

10  effectiveness of the local programs for the homeless for which

11  funding is sought.

12         Section 17.  Section 393.135, Florida Statutes, is

13  created to read:

14         393.135  Sexual misconduct prohibited; reporting

15  required; penalties.--

16         (1)  As used in this section, the term:

17         (a)  "Employee" includes any person under contract with

18  the agency or the department and any paid staff member,

19  volunteer, or intern of the agency or the department or any

20  person under contract with the agency or the department or any

21  person providing care or support to a client on behalf of the

22  department or its providers.

23         (b)  "Sexual activity" means:

24         1.  The oral, anal, or vaginal penetration by, or union

25  with, the sexual organ of another or the anal or vaginal

26  penetration of another by any other object;

27         2.  Intentionally touching in a lewd or lascivious

28  manner the breasts, genitals, the genital area, or buttocks,

29  or the clothing covering them, of a person, or forcing or

30  enticing a person to touch the perpetrator;

31  

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 1         3.  Intentionally masturbating in the presence of

 2  another person;

 3         4.  Intentionally exposing the genitals in a lewd or

 4  lascivious manner in the presence of another person; or

 5         5.  Intentionally committing any other sexual act that

 6  does not involve actual physical or sexual contact with the

 7  victim, including, but not limited to, sadomasochistic abuse,

 8  sexual bestiality, or the simulation of any act involving

 9  sexual activity in the presence of a victim.

10         (c)  "Sexual misconduct" means any sexual activity

11  between an employee and a client, regardless of the consent of

12  the client. The term does not include an act done for a bona

13  fide medical purpose or an internal search conducted in the

14  lawful performance of duty by an employee.

15         (2)  An employee who engages in sexual misconduct with

16  an individual with a developmental disability who:

17         (a)  Is in the custody of the department;

18         (b)  Resides in a residential facility, including any

19  comprehensive transitional education program, developmental

20  services institution, foster care facility, group home

21  facility, intermediate care facility for the developmentally

22  disabled, or residential habilitation center; or

23         (c)  Receives services from a family care program

24  

25  commits a felony of the second degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

27  found guilty of violating this subsection without having

28  committed the crime of sexual battery.

29         (3)  The consent of the client to sexual activity is

30  not a defense to prosecution under this section.

31         (4)  This section does not apply to an employee who:

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 1         (a)  Is legally married to the client; or

 2         (b)  Had no reason to believe that the person with whom

 3  the employee engaged in sexual misconduct is a client

 4  receiving services as described in subsection (2).

 5         (5)  Notwithstanding prosecution, any violation of this

 6  subsection, as determined by the Public Employees Relations

 7  Commission, constitutes sufficient cause under s. 110.227 for

 8  dismissal from employment, and such person may not again be

 9  employed in any capacity in connection with the developmental

10  services or mental health services systems.

11         (6)  An employee who witnesses sexual misconduct, or

12  who otherwise knows or has reasonable cause to suspect that a

13  person has engaged in sexual misconduct, shall immediately

14  report the incident to the department's central abuse hotline

15  and to law enforcement. Such employee shall also prepare,

16  date, and sign an independent report that specifically

17  describes the nature of the sexual misconduct, the location

18  and time of the incident, and the persons involved. The

19  employee shall deliver the report to the supervisor or program

20  director, who is responsible for providing copies to the

21  department's inspector general. The inspector general shall

22  immediately conduct an appropriate administrative

23  investigation, and, if there is probable cause to believe that

24  sexual misconduct has occurred, the inspector general shall

25  notify the state attorney in the circuit in which the incident

26  occurred.

27         (7)(a)  Any person who is required to make a report

28  under this section and who knowingly or willfully fails to do

29  so, or who knowingly or willfully prevents another person from

30  doing so, commits a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083.

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 1         (b)  Any person who knowingly or willfully submits

 2  inaccurate, incomplete, or untruthful information with respect

 3  to a report required under this section commits a misdemeanor

 4  of the first degree, punishable as provided in s. 775.082 or

 5  s. 775.083.

 6         (c)  Any person who knowingly or willfully coerces or

 7  threatens any other person with the intent to alter testimony

 8  or a written report regarding an incident of sexual misconduct

 9  commits a felony of the third degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         Section 18.  Section 394.4593, Florida Statutes, is

12  created to read:

13         394.4593  Sexual misconduct prohibited; reporting

14  required; penalties.--

15         (1)  As used in this section, the term:

16         (a)  "Employee" includes any person under contract with

17  the department and any paid staff member, volunteer, or intern

18  of the department or any person under contract with the

19  department or any person providing care or support to a

20  patient on behalf of the department or its providers.

21         (b)  "Sexual activity" means:

22         1.  The oral, anal, or vaginal penetration by, or union

23  with, the sexual organ of another or the anal or vaginal

24  penetration of another by any other object;

25         2.  Intentionally touching in a lewd or lascivious

26  manner the breasts, genitals, the genital area, or buttocks,

27  or the clothing covering them, of a person, or forcing or

28  enticing a person to touch the perpetrator;

29         3.  Intentionally masturbating in the presence of

30  another person;

31  

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 1         4.  Intentionally exposing the genitals in a lewd or

 2  lascivious manner in the presence of another person; or

 3         5.  Intentionally committing any other sexual act that

 4  does not involve actual physical or sexual contact with the

 5  victim, including, but not limited to, sadomasochistic abuse,

 6  sexual bestiality, or the simulation of any act involving

 7  sexual activity in the presence of a victim.

 8         (c)  "Sexual misconduct" means any sexual activity

 9  between an employee and a patient, regardless of the consent

10  of the patient. The term does not include an act done for a

11  bona fide medical purpose or an internal search conducted in

12  the lawful performance of duty by an employee.

13         (2)  An employee who engages in sexual misconduct with

14  a patient who:

15         (a)  Is in the custody of the department; or

16         (b)  Resides in a receiving facility as defined in s.

17  394.455(26) or a treatment facility as defined in s.

18  394.455(30),

19  

20  commits a felony of the second degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

22  found guilty of violating this subsection without having

23  committed the crime of sexual battery.

24         (3)  The consent of the patient to sexual activity is

25  not a defense to prosecution under this section.

26         (4)  This section does not apply to an employee who:

27         (a)  Is legally married to the patient; or

28         (b)  Had no reason to believe that the person with whom

29  the employee engaged in sexual misconduct is a patient

30  receiving services as described in subsection (2).

31  

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 1         (5)  Notwithstanding prosecution, any violation of this

 2  subsection, as determined by the Public Employees Relations

 3  Commission, constitutes sufficient cause under s. 110.227 for

 4  dismissal from employment, and such person may not again be

 5  employed in any capacity in connection with the developmental

 6  services or mental health services systems.

 7         (6)  An employee who witnesses sexual misconduct, or

 8  who otherwise knows or has reasonable cause to suspect that a

 9  person has engaged in sexual misconduct, shall immediately

10  report the incident to the department's central abuse hotline

11  and to law enforcement. Such employee shall also prepare,

12  date, and sign an independent report that specifically

13  describes the nature of the sexual misconduct, the location

14  and time of the incident, and the persons involved. The

15  employee shall deliver the report to the supervisor or program

16  director, who is responsible for providing copies to the

17  department's inspector general. The inspector general shall

18  immediately conduct an appropriate administrative

19  investigation, and, if there is probable cause to believe that

20  sexual misconduct has occurred, the inspector general shall

21  notify the state attorney in the circuit in which the incident

22  occurred.

23         (7)(a)  Any person who is required to make a report

24  under this section and who knowingly or willfully fails to do

25  so, or who knowingly or willfully prevents another person from

26  doing so, commits a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (b)  Any person who knowingly or willfully submits

29  inaccurate, incomplete, or untruthful information with respect

30  to a report required under this section commits a misdemeanor

31  

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 1  of the first degree, punishable as provided in s. 775.082 or

 2  s. 775.083.

 3         (c)  Any person who knowingly or willfully coerces or

 4  threatens any other person with the intent to alter testimony

 5  or a written report regarding an incident of sexual misconduct

 6  commits a felony of the third degree, punishable as provided

 7  in s. 775.082, s. 775.083, or s. 775.084.

 8         Section 19.  Section 916.1075, Florida Statutes, is

 9  created to read:

10         916.1075  Sexual misconduct prohibited; reporting

11  required; penalties.--

12         (1)  As used in this section, the term:

13         (a)  "Employee" includes any person under contract with

14  the department and any paid staff member, volunteer, or intern

15  of the department or any person under contract with the

16  department or any person providing care or support to a client

17  on behalf of the department or its providers.

18         (b)  "Sexual activity" means:

19         1.  The oral, anal, or vaginal penetration by, or union

20  with, the sexual organ of another or the anal or vaginal

21  penetration of another by any other object;

22         2.  Intentionally touching in a lewd or lascivious

23  manner the breasts, genitals, the genital area, or buttocks,

24  or the clothing covering them, of a person, or forcing or

25  enticing a person to touch the perpetrator;

26         3.  Intentionally masturbating in the presence of

27  another person;

28         4.  Intentionally exposing the genitals in a lewd or

29  lascivious manner in the presence of another person; or

30         5.  Intentionally committing any other sexual act that

31  does not involve actual physical or sexual contact with the

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 1  victim, including, but not limited to, sadomasochistic abuse,

 2  sexual bestiality, or the simulation of any act involving

 3  sexual activity in the presence of a victim.

 4         (c)  "Sexual misconduct" means any sexual activity

 5  between an employee and a client, regardless of the consent of

 6  the client. The term does not include an act done for a bona

 7  fide medical purpose or an internal search conducted in the

 8  lawful performance of duty by an employee.

 9         (2)  An employee who engages in sexual misconduct with

10  a client who resides in a civil or forensic state mental

11  health treatment facility commits a felony of the second

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084. An employee may be found guilty of violating this

14  subsection without having committed the crime of sexual

15  battery.

16         (3)  The consent of the client to sexual activity is

17  not a defense to prosecution under this section.

18         (4)  This section does not apply to an employee who:

19         (a)  Is legally married to the client; or

20         (b)  Had no reason to believe that the person with whom

21  the employee engaged in sexual misconduct is a client

22  receiving services as described in subsection (2).

23         (5)  Notwithstanding prosecution, any violation of this

24  subsection, as determined by the Public Employees Relations

25  Commission, constitutes sufficient cause under s. 110.227 for

26  dismissal from employment, and such person may not again be

27  employed in any capacity in connection with the

28  developmentally disabled or mental health services systems.

29         (6)  An employee who witnesses sexual misconduct, or

30  who otherwise knows or has reasonable cause to suspect that a

31  person has engaged in sexual misconduct, shall immediately

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 1  report the incident to the department's central abuse hotline

 2  or law enforcement. Such employee shall also prepare, date,

 3  and sign an independent report that specifically describes the

 4  nature of the sexual misconduct, the location and time of the

 5  incident, and the persons involved. The employee shall deliver

 6  the report to the supervisor or program director, who is

 7  responsible for providing copies to the department's inspector

 8  general. The inspector general shall immediately conduct an

 9  appropriate administrative investigation, and, if there is

10  probable cause to believe that sexual misconduct has occurred,

11  the inspector general shall notify the state attorney in the

12  circuit in which the incident occurred.

13         (7)(a)  Any person who is required to make a report

14  under this section and who knowingly or willfully fails to do

15  so, or who knowingly or willfully prevents another person from

16  doing so, commits a misdemeanor of the first degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         (b)  Any person who knowingly or willfully submits

19  inaccurate, incomplete, or untruthful information with respect

20  to a report required under this section commits a misdemeanor

21  of the first degree, punishable as provided in s. 775.082 or

22  s. 775.083.

23         (c)  Any person who knowingly or willfully coerces or

24  threatens any other person with the intent to alter testimony

25  or a written report regarding an incident of sexual misconduct

26  commits a felony of the third degree, punishable as provided

27  in s. 775.082, s. 775.083, or s. 775.084.

28         Section 20.  Subsection (2) of section 435.03, Florida

29  Statutes, is amended to read:

30         435.03  Level 1 screening standards.--

31  

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 1         (2)  Any person for whom employment screening is

 2  required by statute must not have been found guilty of,

 3  regardless of adjudication, or entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under any of

 5  the following provisions of the Florida Statutes or under any

 6  similar statute of another jurisdiction:

 7         (a)  Section 393.135, relating to sexual misconduct

 8  with certain developmentally disabled clients and reporting of

 9  such sexual misconduct.

10         (b)  Section 394.4593, relating to sexual misconduct

11  with certain mental health patients and reporting of such

12  sexual misconduct.

13         (c)(a)  Section 415.111, relating to abuse, neglect, or

14  exploitation of a vulnerable adult.

15         (d)(b)  Section 782.04, relating to murder.

16         (e)(c)  Section 782.07, relating to manslaughter,

17  aggravated manslaughter of an elderly person or disabled

18  adult, or aggravated manslaughter of a child.

19         (f)(d)  Section 782.071, relating to vehicular

20  homicide.

21         (g)(e)  Section 782.09, relating to killing of an

22  unborn child by injury to the mother.

23         (h)(f)  Section 784.011, relating to assault, if the

24  victim of the offense was a minor.

25         (i)(g)  Section 784.021, relating to aggravated

26  assault.

27         (j)(h)  Section 784.03, relating to battery, if the

28  victim of the offense was a minor.

29         (k)(i)  Section 784.045, relating to aggravated

30  battery.

31         (l)(j)  Section 787.01, relating to kidnapping.

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 1         (m)(k)  Section 787.02, relating to false imprisonment.

 2         (n)(l)  Section 794.011, relating to sexual battery.

 3         (o)(m)  Former s. 794.041, relating to prohibited acts

 4  of persons in familial or custodial authority.

 5         (p)(n)  Chapter 796, relating to prostitution.

 6         (q)(o)  Section 798.02, relating to lewd and lascivious

 7  behavior.

 8         (r)(p)  Chapter 800, relating to lewdness and indecent

 9  exposure.

10         (s)(q)  Section 806.01, relating to arson.

11         (t)(r)  Chapter 812, relating to theft, robbery, and

12  related crimes, if the offense was a felony.

13         (u)(s)  Section 817.563, relating to fraudulent sale of

14  controlled substances, only if the offense was a felony.

15         (v)(t)  Section 825.102, relating to abuse, aggravated

16  abuse, or neglect of an elderly person or disabled adult.

17         (w)(u)  Section 825.1025, relating to lewd or

18  lascivious offenses committed upon or in the presence of an

19  elderly person or disabled adult.

20         (x)(v)  Section 825.103, relating to exploitation of an

21  elderly person or disabled adult, if the offense was a felony.

22         (y)(w)  Section 826.04, relating to incest.

23         (z)(x)  Section 827.03, relating to child abuse,

24  aggravated child abuse, or neglect of a child.

25         (aa)(y)  Section 827.04, relating to contributing to

26  the delinquency or dependency of a child.

27         (bb)(z)  Former s. 827.05, relating to negligent

28  treatment of children.

29         (cc)(aa)  Section 827.071, relating to sexual

30  performance by a child.

31         (dd)(bb)  Chapter 847, relating to obscene literature.

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 1         (ee)(cc)  Chapter 893, relating to drug abuse

 2  prevention and control, only if the offense was a felony or if

 3  any other person involved in the offense was a minor.

 4         (ff)  Section 916.0175, relating to sexual misconduct

 5  with certain forensic clients and reporting of such sexual

 6  misconduct.

 7         Section 21.  Subsection (2) of section 435.04, Florida

 8  Statutes, is amended to read:

 9         435.04  Level 2 screening standards.--

10         (2)  The security background investigations under this

11  section must ensure that no persons subject to the provisions

12  of this section have been found guilty of, regardless of

13  adjudication, or entered a plea of nolo contendere or guilty

14  to, any offense prohibited under any of the following

15  provisions of the Florida Statutes or under any similar

16  statute of another jurisdiction:

17         (a)  Section 393.135, relating to sexual misconduct

18  with certain developmentally disabled clients and reporting of

19  such sexual misconduct.

20         (b)  Section 394.4593, relating to sexual misconduct

21  with certain mental health patients and reporting of such

22  sexual misconduct.

23         (c)(a)  Section 415.111, relating to adult abuse,

24  neglect, or exploitation of aged persons or disabled adults.

25         (d)(b)  Section 782.04, relating to murder.

26         (e)(c)  Section 782.07, relating to manslaughter,

27  aggravated manslaughter of an elderly person or disabled

28  adult, or aggravated manslaughter of a child.

29         (f)(d)  Section 782.071, relating to vehicular

30  homicide.

31  

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 1         (g)(e)  Section 782.09, relating to killing of an

 2  unborn child by injury to the mother.

 3         (h)(f)  Section 784.011, relating to assault, if the

 4  victim of the offense was a minor.

 5         (i)(g)  Section 784.021, relating to aggravated

 6  assault.

 7         (j)(h)  Section 784.03, relating to battery, if the

 8  victim of the offense was a minor.

 9         (k)(i)  Section 784.045, relating to aggravated

10  battery.

11         (l)(j)  Section 784.075, relating to battery on a

12  detention or commitment facility staff.

13         (m)(k)  Section 787.01, relating to kidnapping.

14         (n)(l)  Section 787.02, relating to false imprisonment.

15         (o)(m)  Section 787.04(2), relating to taking,

16  enticing, or removing a child beyond the state limits with

17  criminal intent pending custody proceedings.

18         (p)(n)  Section 787.04(3), relating to carrying a child

19  beyond the state lines with criminal intent to avoid producing

20  a child at a custody hearing or delivering the child to the

21  designated person.

22         (q)(o)  Section 790.115(1), relating to exhibiting

23  firearms or weapons within 1,000 feet of a school.

24         (r)(p)  Section 790.115(2)(b), relating to possessing

25  an electric weapon or device, destructive device, or other

26  weapon on school property.

27         (s)(q)  Section 794.011, relating to sexual battery.

28         (t)(r)  Former s. 794.041, relating to prohibited acts

29  of persons in familial or custodial authority.

30         (u)(s)  Chapter 796, relating to prostitution.

31  

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 1         (v)(t)  Section 798.02, relating to lewd and lascivious

 2  behavior.

 3         (w)(u)  Chapter 800, relating to lewdness and indecent

 4  exposure.

 5         (x)(v)  Section 806.01, relating to arson.

 6         (y)(w)  Chapter 812, relating to theft, robbery, and

 7  related crimes, if the offense is a felony.

 8         (z)(x)  Section 817.563, relating to fraudulent sale of

 9  controlled substances, only if the offense was a felony.

10         (aa)(y)  Section 825.102, relating to abuse, aggravated

11  abuse, or neglect of an elderly person or disabled adult.

12         (bb)(z)  Section 825.1025, relating to lewd or

13  lascivious offenses committed upon or in the presence of an

14  elderly person or disabled adult.

15         (cc)(aa)  Section 825.103, relating to exploitation of

16  an elderly person or disabled adult, if the offense was a

17  felony.

18         (dd)(bb)  Section 826.04, relating to incest.

19         (ee)(cc)  Section 827.03, relating to child abuse,

20  aggravated child abuse, or neglect of a child.

21         (ff)(dd)  Section 827.04, relating to contributing to

22  the delinquency or dependency of a child.

23         (gg)(ee)  Former s. 827.05, relating to negligent

24  treatment of children.

25         (hh)(ff)  Section 827.071, relating to sexual

26  performance by a child.

27         (ii)(gg)  Section 843.01, relating to resisting arrest

28  with violence.

29         (jj)(hh)  Section 843.025, relating to depriving a law

30  enforcement, correctional, or correctional probation officer

31  means of protection or communication.

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 1         (kk)(ii)  Section 843.12, relating to aiding in an

 2  escape.

 3         (ll)(jj)  Section 843.13, relating to aiding in the

 4  escape of juvenile inmates in correctional institutions.

 5         (mm)(kk)  Chapter 847, relating to obscene literature.

 6         (nn)(ll)  Section 874.05(1), relating to encouraging or

 7  recruiting another to join a criminal gang.

 8         (oo)(mm)  Chapter 893, relating to drug abuse

 9  prevention and control, only if the offense was a felony or if

10  any other person involved in the offense was a minor.

11         (pp)  Section 916.0175, relating to sexual misconduct

12  with certain forensic clients and reporting of such sexual

13  misconduct.

14         (qq)(nn)  Section 944.35(3), relating to inflicting

15  cruel or inhuman treatment on an inmate resulting in great

16  bodily harm.

17         (rr)(oo)  Section 944.46, relating to harboring,

18  concealing, or aiding an escaped prisoner.

19         (ss)(pp)  Section 944.47, relating to introduction of

20  contraband into a correctional facility.

21         (tt)(qq)  Section 985.4045, relating to sexual

22  misconduct in juvenile justice programs.

23         (uu)(rr)  Section 985.4046, relating to contraband

24  introduced into detention facilities.

25         Section 22.  Section 943.0585, Florida Statutes, is

26  amended to read:

27         943.0585  Court-ordered expunction of criminal history

28  records.--The courts of this state have jurisdiction over

29  their own procedures, including the maintenance, expunction,

30  and correction of judicial records containing criminal history

31  information to the extent such procedures are not inconsistent

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 1  with the conditions, responsibilities, and duties established

 2  by this section. Any court of competent jurisdiction may order

 3  a criminal justice agency to expunge the criminal history

 4  record of a minor or an adult who complies with the

 5  requirements of this section. The court shall not order a

 6  criminal justice agency to expunge a criminal history record

 7  until the person seeking to expunge a criminal history record

 8  has applied for and received a certificate of eligibility for

 9  expunction pursuant to subsection (2). A criminal history

10  record that relates to a violation of s. 393.135, s. 394.4593,

11  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

12  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

13  s. 847.0145, s. 893.135,  s. 916.1075, or a violation

14  enumerated in s. 907.041 may not be expunged, without regard

15  to whether adjudication was withheld, if the defendant was

16  found guilty of or pled guilty or nolo contendere to the

17  offense, or if the defendant, as a minor, was found to have

18  committed, or pled guilty or nolo contendere to committing,

19  the offense as a delinquent act. The court may only order

20  expunction of a criminal history record pertaining to one

21  arrest or one incident of alleged criminal activity, except as

22  provided in this section. The court may, at its sole

23  discretion, order the expunction of a criminal history record

24  pertaining to more than one arrest if the additional arrests

25  directly relate to the original arrest. If the court intends

26  to order the expunction of records pertaining to such

27  additional arrests, such intent must be specified in the

28  order. A criminal justice agency may not expunge any record

29  pertaining to such additional arrests if the order to expunge

30  does not articulate the intention of the court to expunge a

31  record pertaining to more than one arrest. This section does

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 1  not prevent the court from ordering the expunction of only a

 2  portion of a criminal history record pertaining to one arrest

 3  or one incident of alleged criminal activity. Notwithstanding

 4  any law to the contrary, a criminal justice agency may comply

 5  with laws, court orders, and official requests of other

 6  jurisdictions relating to expunction, correction, or

 7  confidential handling of criminal history records or

 8  information derived therefrom. This section does not confer

 9  any right to the expunction of any criminal history record,

10  and any request for expunction of a criminal history record

11  may be denied at the sole discretion of the court.

12         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

13  RECORD.--Each petition to a court to expunge a criminal

14  history record is complete only when accompanied by:

15         (a)  A certificate of eligibility for expunction issued

16  by the department pursuant to subsection (2).

17         (b)  The petitioner's sworn statement attesting that

18  the petitioner:

19         1.  Has never, prior to the date on which the petition

20  is filed, been adjudicated guilty of a criminal offense or

21  comparable ordinance violation or adjudicated delinquent for

22  committing a felony or a misdemeanor specified in s.

23  943.051(3)(b).

24         2.  Has not been adjudicated guilty of, or adjudicated

25  delinquent for committing, any of the acts stemming from the

26  arrest or alleged criminal activity to which the petition

27  pertains.

28         3.  Has never secured a prior sealing or expunction of

29  a criminal history record under this section, former s.

30  893.14, former s. 901.33, or former s. 943.058, or from any

31  jurisdiction outside the state.

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 1         4.  Is eligible for such an expunction to the best of

 2  his or her knowledge or belief and does not have any other

 3  petition to expunge or any petition to seal pending before any

 4  court.

 5  

 6  Any person who knowingly provides false information on such

 7  sworn statement to the court commits a felony of the third

 8  degree, punishable as provided in s. 775.082, s. 775.083, or

 9  s. 775.084.

10         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

11  to petitioning the court to expunge a criminal history record,

12  a person seeking to expunge a criminal history record shall

13  apply to the department for a certificate of eligibility for

14  expunction. The department shall, by rule adopted pursuant to

15  chapter 120, establish procedures pertaining to the

16  application for and issuance of certificates of eligibility

17  for expunction. The department shall issue a certificate of

18  eligibility for expunction to a person who is the subject of a

19  criminal history record if that person:

20         (a)  Has obtained, and submitted to the department, a

21  written, certified statement from the appropriate state

22  attorney or statewide prosecutor which indicates:

23         1.  That an indictment, information, or other charging

24  document was not filed or issued in the case.

25         2.  That an indictment, information, or other charging

26  document, if filed or issued in the case, was dismissed or

27  nolle prosequi by the state attorney or statewide prosecutor,

28  or was dismissed by a court of competent jurisdiction.

29         3.  That the criminal history record does not relate to

30  a violation of s. 393.135, s. 394.4593, s. 787.025, chapter

31  794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s.

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 1  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,

 2  s. 893.135, s. 916.1075, or a violation enumerated in s.

 3  907.041, where the defendant was found guilty of, or pled

 4  guilty or nolo contendere to any such offense, or that the

 5  defendant, as a minor, was found to have committed, or pled

 6  guilty or nolo contendere to committing, such an offense as a

 7  delinquent act, without regard to whether adjudication was

 8  withheld.

 9         (b)  Remits a $75 processing fee to the department for

10  placement in the Department of Law Enforcement Operating Trust

11  Fund, unless such fee is waived by the executive director.

12         (c)  Has submitted to the department a certified copy

13  of the disposition of the charge to which the petition to

14  expunge pertains.

15         (d)  Has never, prior to the date on which the

16  application for a certificate of eligibility is filed, been

17  adjudicated guilty of a criminal offense or comparable

18  ordinance violation or adjudicated delinquent for committing a

19  felony or a misdemeanor specified in s. 943.051(3)(b).

20         (e)  Has not been adjudicated guilty of, or adjudicated

21  delinquent for committing, any of the acts stemming from the

22  arrest or alleged criminal activity to which the petition to

23  expunge pertains.

24         (f)  Has never secured a prior sealing or expunction of

25  a criminal history record under this section, former s.

26  893.14, former s. 901.33, or former s. 943.058.

27         (g)  Is no longer under court supervision applicable to

28  the disposition of the arrest or alleged criminal activity to

29  which the petition to expunge pertains.

30         (h)  Is not required to wait a minimum of 10 years

31  prior to being eligible for an expunction of such records

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 1  because all charges related to the arrest or criminal activity

 2  to which the petition to expunge pertains were dismissed prior

 3  to trial, adjudication, or the withholding of adjudication.

 4  Otherwise, such criminal history record must be sealed under

 5  this section, former s. 893.14, former s. 901.33, or former s.

 6  943.058 for at least 10 years before such record is eligible

 7  for expunction.

 8         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

 9         (a)  In judicial proceedings under this section, a copy

10  of the completed petition to expunge shall be served upon the

11  appropriate state attorney or the statewide prosecutor and

12  upon the arresting agency; however, it is not necessary to

13  make any agency other than the state a party. The appropriate

14  state attorney or the statewide prosecutor and the arresting

15  agency may respond to the court regarding the completed

16  petition to expunge.

17         (b)  If relief is granted by the court, the clerk of

18  the court shall certify copies of the order to the appropriate

19  state attorney or the statewide prosecutor and the arresting

20  agency. The arresting agency is responsible for forwarding the

21  order to any other agency to which the arresting agency

22  disseminated the criminal history record information to which

23  the order pertains. The department shall forward the order to

24  expunge to the Federal Bureau of Investigation. The clerk of

25  the court shall certify a copy of the order to any other

26  agency which the records of the court reflect has received the

27  criminal history record from the court.

28         (c)  For an order to expunge entered by a court prior

29  to July 1, 1992, the department shall notify the appropriate

30  state attorney or statewide prosecutor of an order to expunge

31  which is contrary to law because the person who is the subject

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 1  of the record has previously been convicted of a crime or

 2  comparable ordinance violation or has had a prior criminal

 3  history record sealed or expunged. Upon receipt of such

 4  notice, the appropriate state attorney or statewide prosecutor

 5  shall take action, within 60 days, to correct the record and

 6  petition the court to void the order to expunge. The

 7  department shall seal the record until such time as the order

 8  is voided by the court.

 9         (d)  On or after July 1, 1992, the department or any

10  other criminal justice agency is not required to act on an

11  order to expunge entered by a court when such order does not

12  comply with the requirements of this section. Upon receipt of

13  such an order, the department must notify the issuing court,

14  the appropriate state attorney or statewide prosecutor, the

15  petitioner or the petitioner's attorney, and the arresting

16  agency of the reason for noncompliance. The appropriate state

17  attorney or statewide prosecutor shall take action within 60

18  days to correct the record and petition the court to void the

19  order. No cause of action, including contempt of court, shall

20  arise against any criminal justice agency for failure to

21  comply with an order to expunge when the petitioner for such

22  order failed to obtain the certificate of eligibility as

23  required by this section or such order does not otherwise

24  comply with the requirements of this section.

25         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

26  criminal history record of a minor or an adult which is

27  ordered expunged by a court of competent jurisdiction pursuant

28  to this section must be physically destroyed or obliterated by

29  any criminal justice agency having custody of such record;

30  except that any criminal history record in the custody of the

31  department must be retained in all cases. A criminal history

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 1  record ordered expunged that is retained by the department is

 2  confidential and exempt from the provisions of s. 119.07(1)

 3  and s. 24(a), Art. I of the State Constitution and not

 4  available to any person or entity except upon order of a court

 5  of competent jurisdiction. A criminal justice agency may

 6  retain a notation indicating compliance with an order to

 7  expunge.

 8         (a)  The person who is the subject of a criminal

 9  history record that is expunged under this section or under

10  other provisions of law, including former s. 893.14, former s.

11  901.33, and former s. 943.058, may lawfully deny or fail to

12  acknowledge the arrests covered by the expunged record, except

13  when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.059;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

28  916.106(10) and (13), s. 985.407, or chapter 400; or

29         6.  Is seeking to be employed or licensed by the Office

30  of Teacher Education, Certification, Staff Development, and

31  Professional Practices of the Department of Education, any

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 1  district school board, or any local governmental entity that

 2  licenses child care facilities.

 3         (b)  Subject to the exceptions in paragraph (a), a

 4  person who has been granted an expunction under this section,

 5  former s. 893.14, former s. 901.33, or former s. 943.058 may

 6  not be held under any provision of law of this state to commit

 7  perjury or to be otherwise liable for giving a false statement

 8  by reason of such person's failure to recite or acknowledge an

 9  expunged criminal history record.

10         (c)  Information relating to the existence of an

11  expunged criminal history record which is provided in

12  accordance with paragraph (a) is confidential and exempt from

13  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

14  State Constitution, except that the department shall disclose

15  the existence of a criminal history record ordered expunged to

16  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

17  for their respective licensing and employment purposes, and to

18  criminal justice agencies for their respective criminal

19  justice purposes. It is unlawful for any employee of an entity

20  set forth in subparagraph (a)1., subparagraph (a)4.,

21  subparagraph (a)5., or subparagraph (a)6. to disclose

22  information relating to the existence of an expunged criminal

23  history record of a person seeking employment or licensure

24  with such entity or contractor, except to the person to whom

25  the criminal history record relates or to persons having

26  direct responsibility for employment or licensure decisions.

27  Any person who violates this paragraph commits a misdemeanor

28  of the first degree, punishable as provided in s. 775.082 or

29  s. 775.083.

30         (5)  STATUTORY REFERENCES.--Any reference to any other

31  chapter, section, or subdivision of the Florida Statutes in

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 1  this section constitutes a general reference under the

 2  doctrine of incorporation by reference.

 3         Section 23.  Section 943.059, Florida Statutes, is

 4  amended to read:

 5         943.059  Court-ordered sealing of criminal history

 6  records.--The courts of this state shall continue to have

 7  jurisdiction over their own procedures, including the

 8  maintenance, sealing, and correction of judicial records

 9  containing criminal history information to the extent such

10  procedures are not inconsistent with the conditions,

11  responsibilities, and duties established by this section. Any

12  court of competent jurisdiction may order a criminal justice

13  agency to seal the criminal history record of a minor or an

14  adult who complies with the requirements of this section. The

15  court shall not order a criminal justice agency to seal a

16  criminal history record until the person seeking to seal a

17  criminal history record has applied for and received a

18  certificate of eligibility for sealing pursuant to subsection

19  (2). A criminal history record that relates to a violation of

20  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

21  s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,

22  s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

23  916.1075, or a violation enumerated in s. 907.041 may not be

24  sealed, without regard to whether adjudication was withheld,

25  if the defendant was found guilty of or pled guilty or nolo

26  contendere to the offense, or if the defendant, as a minor,

27  was found to have committed or pled guilty or nolo contendere

28  to committing the offense as a delinquent act. The court may

29  only order sealing of a criminal history record pertaining to

30  one arrest or one incident of alleged criminal activity,

31  except as provided in this section. The court may, at its sole

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 1  discretion, order the sealing of a criminal history record

 2  pertaining to more than one arrest if the additional arrests

 3  directly relate to the original arrest. If the court intends

 4  to order the sealing of records pertaining to such additional

 5  arrests, such intent must be specified in the order. A

 6  criminal justice agency may not seal any record pertaining to

 7  such additional arrests if the order to seal does not

 8  articulate the intention of the court to seal records

 9  pertaining to more than one arrest. This section does not

10  prevent the court from ordering the sealing of only a portion

11  of a criminal history record pertaining to one arrest or one

12  incident of alleged criminal activity. Notwithstanding any law

13  to the contrary, a criminal justice agency may comply with

14  laws, court orders, and official requests of other

15  jurisdictions relating to sealing, correction, or confidential

16  handling of criminal history records or information derived

17  therefrom. This section does not confer any right to the

18  sealing of any criminal history record, and any request for

19  sealing a criminal history record may be denied at the sole

20  discretion of the court.

21         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

22  petition to a court to seal a criminal history record is

23  complete only when accompanied by:

24         (a)  A certificate of eligibility for sealing issued by

25  the department pursuant to subsection (2).

26         (b)  The petitioner's sworn statement attesting that

27  the petitioner:

28         1.  Has never, prior to the date on which the petition

29  is filed, been adjudicated guilty of a criminal offense or

30  comparable ordinance violation or adjudicated delinquent for

31  

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 1  committing a felony or a misdemeanor specified in s.

 2  943.051(3)(b).

 3         2.  Has not been adjudicated guilty of or adjudicated

 4  delinquent for committing any of the acts stemming from the

 5  arrest or alleged criminal activity to which the petition to

 6  seal pertains.

 7         3.  Has never secured a prior sealing or expunction of

 8  a criminal history record under this section, former s.

 9  893.14, former s. 901.33, former s. 943.058, or from any

10  jurisdiction outside the state.

11         4.  Is eligible for such a sealing to the best of his

12  or her knowledge or belief and does not have any other

13  petition to seal or any petition to expunge pending before any

14  court.

15  

16  Any person who knowingly provides false information on such

17  sworn statement to the court commits a felony of the third

18  degree, punishable as provided in s. 775.082, s. 775.083, or

19  s. 775.084.

20         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

21  petitioning the court to seal a criminal history record, a

22  person seeking to seal a criminal history record shall apply

23  to the department for a certificate of eligibility for

24  sealing. The department shall, by rule adopted pursuant to

25  chapter 120, establish procedures pertaining to the

26  application for and issuance of certificates of eligibility

27  for sealing. The department shall issue a certificate of

28  eligibility for sealing to a person who is the subject of a

29  criminal history record provided that such person:

30  

31  

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 1         (a)  Has submitted to the department a certified copy

 2  of the disposition of the charge to which the petition to seal

 3  pertains.

 4         (b)  Remits a $75 processing fee to the department for

 5  placement in the Department of Law Enforcement Operating Trust

 6  Fund, unless such fee is waived by the executive director.

 7         (c)  Has never, prior to the date on which the

 8  application for a certificate of eligibility is filed, been

 9  adjudicated guilty of a criminal offense or comparable

10  ordinance violation or adjudicated delinquent for committing a

11  felony or a misdemeanor specified in s. 943.051(3)(b).

12         (d)  Has not been adjudicated guilty of or adjudicated

13  delinquent for committing any of the acts stemming from the

14  arrest or alleged criminal activity to which the petition to

15  seal pertains.

16         (e)  Has never secured a prior sealing or expunction of

17  a criminal history record under this section, former s.

18  893.14, former s. 901.33, or former s. 943.058.

19         (f)  Is no longer under court supervision applicable to

20  the disposition of the arrest or alleged criminal activity to

21  which the petition to seal pertains.

22         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

23         (a)  In judicial proceedings under this section, a copy

24  of the completed petition to seal shall be served upon the

25  appropriate state attorney or the statewide prosecutor and

26  upon the arresting agency; however, it is not necessary to

27  make any agency other than the state a party. The appropriate

28  state attorney or the statewide prosecutor and the arresting

29  agency may respond to the court regarding the completed

30  petition to seal.

31  

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 1         (b)  If relief is granted by the court, the clerk of

 2  the court shall certify copies of the order to the appropriate

 3  state attorney or the statewide prosecutor and to the

 4  arresting agency. The arresting agency is responsible for

 5  forwarding the order to any other agency to which the

 6  arresting agency disseminated the criminal history record

 7  information to which the order pertains. The department shall

 8  forward the order to seal to the Federal Bureau of

 9  Investigation. The clerk of the court shall certify a copy of

10  the order to any other agency which the records of the court

11  reflect has received the criminal history record from the

12  court.

13         (c)  For an order to seal entered by a court prior to

14  July 1, 1992, the department shall notify the appropriate

15  state attorney or statewide prosecutor of any order to seal

16  which is contrary to law because the person who is the subject

17  of the record has previously been convicted of a crime or

18  comparable ordinance violation or has had a prior criminal

19  history record sealed or expunged. Upon receipt of such

20  notice, the appropriate state attorney or statewide prosecutor

21  shall take action, within 60 days, to correct the record and

22  petition the court to void the order to seal. The department

23  shall seal the record until such time as the order is voided

24  by the court.

25         (d)  On or after July 1, 1992, the department or any

26  other criminal justice agency is not required to act on an

27  order to seal entered by a court when such order does not

28  comply with the requirements of this section. Upon receipt of

29  such an order, the department must notify the issuing court,

30  the appropriate state attorney or statewide prosecutor, the

31  petitioner or the petitioner's attorney, and the arresting

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 1  agency of the reason for noncompliance. The appropriate state

 2  attorney or statewide prosecutor shall take action within 60

 3  days to correct the record and petition the court to void the

 4  order. No cause of action, including contempt of court, shall

 5  arise against any criminal justice agency for failure to

 6  comply with an order to seal when the petitioner for such

 7  order failed to obtain the certificate of eligibility as

 8  required by this section or when such order does not comply

 9  with the requirements of this section.

10         (e)  An order sealing a criminal history record

11  pursuant to this section does not require that such record be

12  surrendered to the court, and such record shall continue to be

13  maintained by the department and other criminal justice

14  agencies.

15         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

16  criminal history record of a minor or an adult which is

17  ordered sealed by a court of competent jurisdiction pursuant

18  to this section is confidential and exempt from the provisions

19  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

20  and is available only to the person who is the subject of the

21  record, to the subject's attorney, to criminal justice

22  agencies for their respective criminal justice purposes, or to

23  those entities set forth in subparagraphs (a)1., 4., 5., and

24  6. for their respective licensing and employment purposes.

25         (a)  The subject of a criminal history record sealed

26  under this section or under other provisions of law, including

27  former s. 893.14, former s. 901.33, and former s. 943.058, may

28  lawfully deny or fail to acknowledge the arrests covered by

29  the sealed record, except when the subject of the record:

30         1.  Is a candidate for employment with a criminal

31  justice agency;

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 1         2.  Is a defendant in a criminal prosecution;

 2         3.  Concurrently or subsequently petitions for relief

 3  under this section or s. 943.0585;

 4         4.  Is a candidate for admission to The Florida Bar;

 5         5.  Is seeking to be employed or licensed by or to

 6  contract with the Department of Children and Family Services

 7  or the Department of Juvenile Justice or to be employed or

 8  used by such contractor or licensee in a sensitive position

 9  having direct contact with children, the developmentally

10  disabled, the aged, or the elderly as provided in s.

11  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

12  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

13  415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;

14  or

15         6.  Is seeking to be employed or licensed by the Office

16  of Teacher Education, Certification, Staff Development, and

17  Professional Practices of the Department of Education, any

18  district school board, or any local governmental entity which

19  licenses child care facilities.

20         (b)  Subject to the exceptions in paragraph (a), a

21  person who has been granted a sealing under this section,

22  former s. 893.14, former s. 901.33, or former s. 943.058 may

23  not be held under any provision of law of this state to commit

24  perjury or to be otherwise liable for giving a false statement

25  by reason of such person's failure to recite or acknowledge a

26  sealed criminal history record.

27         (c)  Information relating to the existence of a sealed

28  criminal record provided in accordance with the provisions of

29  paragraph (a) is confidential and exempt from the provisions

30  of s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution, except that the department shall disclose the

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 1  sealed criminal history record to the entities set forth in

 2  subparagraphs (a)1., 4., 5., and 6. for their respective

 3  licensing and employment purposes. It is unlawful for any

 4  employee of an entity set forth in subparagraph (a)1.,

 5  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

 6  to disclose information relating to the existence of a sealed

 7  criminal history record of a person seeking employment or

 8  licensure with such entity or contractor, except to the person

 9  to whom the criminal history record relates or to persons

10  having direct responsibility for employment or licensure

11  decisions. Any person who violates the provisions of this

12  paragraph commits a misdemeanor of the first degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         (5)  STATUTORY REFERENCES.--Any reference to any other

15  chapter, section, or subdivision of the Florida Statutes in

16  this section constitutes a general reference under the

17  doctrine of incorporation by reference.

18         Section 24.  Paragraph (a) of subsection (2) of section

19  400.215, Florida Statutes, is amended, and paragraphs (b) and

20  (c) of subsection (2) and subsection (3) of that section are

21  reenacted for the purpose of incorporating the amendments to

22  sections 435.03 and 435.04, Florida Statutes, in references

23  thereto, to read:

24         400.215  Personnel screening requirement.--

25         (2)  Employers and employees shall comply with the

26  requirements of s. 435.05.

27         (a)  Notwithstanding the provisions of s. 435.05(1),

28  facilities must have in their possession evidence that level 1

29  screening has been completed before allowing an employee to

30  begin working with patients as provided in subsection (1). All

31  information necessary for conducting background screening

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 1  using level 1 standards as specified in s. 435.03(1) shall be

 2  submitted by the nursing facility to the agency. Results of

 3  the background screening shall be provided by the agency to

 4  the requesting nursing facility.

 5         (b)  Employees qualified under the provisions of

 6  paragraph (a) who have not maintained continuous residency

 7  within the state for the 5 years immediately preceding the

 8  date of request for background screening must complete level 2

 9  screening, as provided in chapter 435. Such employees may work

10  in a conditional status up to 180 days pending the receipt of

11  written findings evidencing the completion of level 2

12  screening. Level 2 screening shall not be required of

13  employees or prospective employees who attest in writing under

14  penalty of perjury that they meet the residency requirement.

15  Completion of level 2 screening shall require the employee or

16  prospective employee to furnish to the nursing facility a full

17  set of fingerprints to enable a criminal background

18  investigation to be conducted. The nursing facility shall

19  submit the completed fingerprint card to the agency. The

20  agency shall establish a record of the request in the database

21  provided for in paragraph (c) and forward the request to the

22  Department of Law Enforcement, which is authorized to submit

23  the fingerprints to the Federal Bureau of Investigation for a

24  national criminal history records check. The results of the

25  national criminal history records check shall be returned to

26  the agency, which shall maintain the results in the database

27  provided for in paragraph (c). The agency shall notify the

28  administrator of the requesting nursing facility or the

29  administrator of any other facility licensed under chapter

30  393, chapter 394, chapter 395, chapter 397, or this chapter,

31  as requested by such facility, as to whether or not the

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 1  employee has qualified under level 1 or level 2 screening. An

 2  employee or prospective employee who has qualified under level

 3  2 screening and has maintained such continuous residency

 4  within the state shall not be required to complete a

 5  subsequent level 2 screening as a condition of employment at

 6  another facility.

 7         (c)  The agency shall establish and maintain a database

 8  of background screening information which shall include the

 9  results of both level 1 and level 2 screening. The Department

10  of Law Enforcement shall timely provide to the agency,

11  electronically, the results of each statewide screening for

12  incorporation into the database. The agency shall, upon

13  request from any facility, agency, or program required by or

14  authorized by law to screen its employees or applicants,

15  notify the administrator of the facility, agency, or program

16  of the qualifying or disqualifying status of the employee or

17  applicant named in the request.

18         (3)  The applicant is responsible for paying the fees

19  associated with obtaining the required screening. Payment for

20  the screening shall be submitted to the agency. The agency

21  shall establish a schedule of fees to cover the costs of level

22  1 and level 2 screening. Facilities may reimburse employees

23  for these costs. The Department of Law Enforcement shall

24  charge the agency for a level 1 or level 2 screening a rate

25  sufficient to cover the costs of such screening pursuant to s.

26  943.053(3). The agency shall, as allowable, reimburse nursing

27  facilities for the cost of conducting background screening as

28  required by this section. This reimbursement will not be

29  subject to any rate ceilings or payment targets in the

30  Medicaid Reimbursement plan.

31  

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 1         Section 25.  For the purpose of incorporating the

 2  amendments to sections 435.03 and 435.04, Florida Statutes, in

 3  references thereto, subsections (1) and (2) of section

 4  400.964, Florida Statutes, are reenacted, and subsection (7)

 5  of that section is amended and reenacted, to read:

 6         400.964  Personnel screening requirement.--

 7         (1)  The agency shall require level 2 background

 8  screening as provided in chapter 435 for all employees or

 9  prospective employees of facilities licensed under this part

10  who are expected to be, or whose responsibilities are such

11  that they would be considered to be, a direct service

12  provider.

13         (2)  Employers and employees shall comply with the

14  requirements of chapter 435.

15         (7)  All employees must comply with the requirements of

16  this section by October 1, 2000. A person employed by a

17  facility licensed pursuant to this part as of the effective

18  date of this act is not required to submit to rescreening if

19  the facility has in its possession written evidence that the

20  person has been screened and qualified according to level 1

21  standards as specified in s. 435.03(1). Any current employee

22  who meets the level 1 requirement but does not meet the 5-year

23  residency requirement must provide to the employing facility

24  written attestation under penalty of perjury that the employee

25  has not been convicted of a disqualifying offense in another

26  state or jurisdiction. All applicants hired on or after

27  October 1, 1999, must comply with the requirements of this

28  section.

29         Section 26.  For the purposes of incorporating the

30  amendment to section 435.04, Florida Statutes, in references

31  

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 1  thereto, paragraph (a) of subsection (1) of section 435.045,

 2  Florida Statutes, is amended and reenacted to read:

 3         435.045  Requirements for placement of dependent

 4  children.--

 5         (1)(a)  Unless an election provided for in subsection

 6  (2) is made with respect to the state, the department is

 7  authorized to conduct criminal records checks equivalent to

 8  the level 2 screening required in s. 435.04(1) for any person

 9  being considered by the department for placement of a child

10  subject to a placement decision pursuant to chapter 39.

11  Approval shall not be granted:

12         1.  In any case in which a record check reveals a

13  felony conviction for child abuse, abandonment, or neglect;

14  for spousal abuse; for a crime against children, including

15  child pornography, or for a crime involving violence,

16  including rape, sexual assault, or homicide but not including

17  other physical assault or battery, if the department finds

18  that a court of competent jurisdiction has determined that the

19  felony was committed at any time; and

20         2.  In any case in which a record check reveals a

21  felony conviction for physical assault, battery, or a

22  drug-related offense, if the department finds that a court of

23  competent jurisdiction has determined that the felony was

24  committed within the past 5 years.

25         Section 27.  For the purpose of incorporating the

26  amendment to sections 435.03 and 435.04, Florida Statutes, in

27  references thereto, paragraphs (f) and (g) of subsection (1)

28  of section 400.414, Florida Statutes, are reenacted to read:

29         400.414  Denial, revocation, or suspension of license;

30  imposition of administrative fine; grounds.--

31  

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 1         (1)  The agency may deny, revoke, or suspend any

 2  license issued under this part, or impose an administrative

 3  fine in the manner provided in chapter 120, for any of the

 4  following actions by an assisted living facility, for the

 5  actions of any person subject to level 2 background screening

 6  under s. 400.4174, or for the actions of any facility

 7  employee:

 8         (f)  A determination that a person subject to level 2

 9  background screening under s. 400.4174(1) does not meet the

10  screening standards of s. 435.04 or that the facility is

11  retaining an employee subject to level 1 background screening

12  standards under s. 400.4174(2) who does not meet the screening

13  standards of s. 435.03 and for whom exemptions from

14  disqualification have not been provided by the agency.

15         (g)  A determination that an employee, volunteer,

16  administrator, or owner, or person who otherwise has access to

17  the residents of a facility does not meet the criteria

18  specified in s. 435.03(2), and the owner or administrator has

19  not taken action to remove the person. Exemptions from

20  disqualification may be granted as set forth in s. 435.07. No

21  administrative action may be taken against the facility if the

22  person is granted an exemption.

23  

24  Administrative proceedings challenging agency action under

25  this subsection shall be reviewed on the basis of the facts

26  and conditions that resulted in the agency action.

27         Section 28.  For the purpose of incorporating the

28  amendment to sections 435.03 and 435.04, Florida Statutes, in

29  references thereto, section 400.4174, Florida Statutes, is

30  reenacted to read:

31         400.4174  Background screening; exemptions.--

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 1         (1)(a)  Level 2 background screening must be conducted

 2  on each of the following persons, who shall be considered

 3  employees for the purposes of conducting screening under

 4  chapter 435:

 5         1.  The facility owner if an individual, the

 6  administrator, and the financial officer.

 7         2.  An officer or board member if the facility owner is

 8  a firm, corporation, partnership, or association, or any

 9  person owning 5 percent or more of the facility if the agency

10  has probable cause to believe that such person has been

11  convicted of any offense prohibited by s. 435.04. For each

12  officer, board member, or person owning 5 percent or more who

13  has been convicted of any such offense, the facility shall

14  submit to the agency a description and explanation of the

15  conviction at the time of license application. This

16  subparagraph does not apply to a board member of a

17  not-for-profit corporation or organization if the board member

18  serves solely in a voluntary capacity, does not regularly take

19  part in the day-to-day operational decisions of the

20  corporation or organization, receives no remuneration for his

21  or her services, and has no financial interest and has no

22  family members with a financial interest in the corporation or

23  organization, provided that the board member and facility

24  submit a statement affirming that the board member's

25  relationship to the facility satisfies the requirements of

26  this subparagraph.

27         (b)  Proof of compliance with level 2 screening

28  standards which has been submitted within the previous 5 years

29  to meet any facility or professional licensure requirements of

30  the agency or the Department of Health satisfies the

31  requirements of this subsection, provided that such proof is

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 1  accompanied, under penalty of perjury, by an affidavit of

 2  compliance with the provisions of chapter 435. Proof of

 3  compliance with the background screening requirements of the

 4  Financial Services Commission and the Office of Insurance

 5  Regulation for applicants for a certificate of authority to

 6  operate a continuing care retirement community under chapter

 7  651, submitted within the last 5 years, satisfies the

 8  Department of Law Enforcement and Federal Bureau of

 9  Investigation portions of a level 2 background check.

10         (c)  The agency may grant a provisional license to a

11  facility applying for an initial license when each individual

12  required by this subsection to undergo screening has completed

13  the Department of Law Enforcement background checks, but has

14  not yet received results from the Federal Bureau of

15  Investigation, or when a request for an exemption from

16  disqualification has been submitted to the agency pursuant to

17  s. 435.07, but a response has not been issued.

18         (2)  The owner or administrator of an assisted living

19  facility must conduct level 1 background screening, as set

20  forth in chapter 435, on all employees hired on or after

21  October 1, 1998, who perform personal services as defined in

22  s. 400.402(17). The agency may exempt an individual from

23  employment disqualification as set forth in chapter 435. Such

24  persons shall be considered as having met this requirement if:

25         (a)  Proof of compliance with level 1 screening

26  requirements obtained to meet any professional license

27  requirements in this state is provided and accompanied, under

28  penalty of perjury, by a copy of the person's current

29  professional license and an affidavit of current compliance

30  with the background screening requirements.

31  

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 1         (b)  The person required to be screened has been

 2  continuously employed in the same type of occupation for which

 3  the person is seeking employment without a breach in service

 4  which exceeds 180 days, and proof of compliance with the level

 5  1 screening requirement which is no more than 2 years old is

 6  provided. Proof of compliance shall be provided directly from

 7  one employer or contractor to another, and not from the person

 8  screened. Upon request, a copy of screening results shall be

 9  provided by the employer retaining documentation of the

10  screening to the person screened.

11         (c)  The person required to be screened is employed by

12  a corporation or business entity or related corporation or

13  business entity that owns, operates, or manages more than one

14  facility or agency licensed under this chapter, and for whom a

15  level 1 screening was conducted by the corporation or business

16  entity as a condition of initial or continued employment.

17         Section 29.  For the purpose of incorporating the

18  amendment to sections 435.03 and 435.04, Florida Statutes, in

19  references thereto, paragraphs (a), (b), (c), (d), (f), and

20  (g) of subsection (4) of section 400.509, Florida Statutes,

21  are reenacted to read:

22         400.509  Registration of particular service providers

23  exempt from licensure; certificate of registration; regulation

24  of registrants.--

25         (4)  Each applicant for registration must comply with

26  the following requirements:

27         (a)  Upon receipt of a completed, signed, and dated

28  application, the agency shall require background screening, in

29  accordance with the level 1 standards for screening set forth

30  in chapter 435, of every individual who will have contact with

31  the client. The agency shall require background screening of

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 1  the managing employee or other similarly titled individual who

 2  is responsible for the operation of the entity, and of the

 3  financial officer or other similarly titled individual who is

 4  responsible for the financial operation of the entity,

 5  including billings for client services in accordance with the

 6  level 2 standards for background screening as set forth in

 7  chapter 435.

 8         (b)  The agency may require background screening of any

 9  other individual who is affiliated with the applicant if the

10  agency has a reasonable basis for believing that he or she has

11  been convicted of a crime or has committed any other offense

12  prohibited under the level 2 standards for screening set forth

13  in chapter 435.

14         (c)  Proof of compliance with the level 2 background

15  screening requirements of chapter 435 which has been submitted

16  within the previous 5 years in compliance with any other

17  health care or assisted living licensure requirements of this

18  state is acceptable in fulfillment of paragraph (a).

19         (d)  A provisional registration may be granted to an

20  applicant when each individual required by this section to

21  undergo background screening has met the standards for the

22  abuse-registry background check through the agency and the

23  Department of Law Enforcement background check, but the agency

24  has not yet received background screening results from the

25  Federal Bureau of Investigation. A standard registration may

26  be granted to the applicant upon the agency's receipt of a

27  report of the results of the Federal Bureau of Investigation

28  background screening for each individual required by this

29  section to undergo background screening which confirms that

30  all standards have been met, or upon the granting of a

31  disqualification exemption by the agency as set forth in

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 1  chapter 435. Any other person who is required to undergo level

 2  2 background screening may serve in his or her capacity

 3  pending the agency's receipt of the report from the Federal

 4  Bureau of Investigation. However, the person may not continue

 5  to serve if the report indicates any violation of background

 6  screening standards and if a disqualification exemption has

 7  not been requested of and granted by the agency as set forth

 8  in chapter 435.

 9         (f)  Each applicant must submit to the agency a

10  description and explanation of any conviction of an offense

11  prohibited under the level 2 standards of chapter 435 which

12  was committed by a member of the board of directors of the

13  applicant, its officers, or any individual owning 5 percent or

14  more of the applicant. This requirement does not apply to a

15  director of a not-for-profit corporation or organization who

16  serves solely in a voluntary capacity for the corporation or

17  organization, does not regularly take part in the day-to-day

18  operational decisions of the corporation or organization,

19  receives no remuneration for his or her services on the

20  corporation's or organization's board of directors, and has no

21  financial interest and no family members having a financial

22  interest in the corporation or organization, if the director

23  and the not-for-profit corporation or organization include in

24  the application a statement affirming that the director's

25  relationship to the corporation satisfies the requirements of

26  this paragraph.

27         (g)  A registration may not be granted to an applicant

28  if the applicant or managing employee has been found guilty

29  of, regardless of adjudication, or has entered a plea of nolo

30  contendere or guilty to, any offense prohibited under the

31  level 2 standards for screening set forth in chapter 435,

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 1  unless an exemption from disqualification has been granted by

 2  the agency as set forth in chapter 435.

 3         Section 30.  For the purpose of incorporating the

 4  amendment to sections 435.03 and 435.04, Florida Statutes, in

 5  references thereto, paragraph (c) of subsection (2) of section

 6  400.556, Florida Statutes, is reenacted to read:

 7         400.556  Denial, suspension, revocation of license;

 8  administrative fines; investigations and inspections.--

 9         (2)  Each of the following actions by the owner of an

10  adult day care center or by its operator or employee is a

11  ground for action by the agency against the owner of the

12  center or its operator or employee:

13         (c)  A failure of persons subject to level 2 background

14  screening under s. 400.4174(1) to meet the screening standards

15  of s. 435.04, or the retention by the center of an employee

16  subject to level 1 background screening standards under s.

17  400.4174(2) who does not meet the screening standards of s.

18  435.03 and for whom exemptions from disqualification have not

19  been provided by the agency.

20         Section 31.  For the purpose of incorporating the

21  amendment to sections 435.03 and 435.04, Florida Statutes, in

22  references thereto, subsections (1), (2), and (4) of section

23  400.6065, Florida Statutes, are reenacted to read:

24         400.6065  Background screening.--

25         (1)  Upon receipt of a completed application under s.

26  400.606, the agency shall require level 2 background screening

27  on each of the following persons, who shall be considered

28  employees for the purposes of conducting screening under

29  chapter 435:

30         (a)  The hospice administrator and financial officer.

31  

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 1         (b)  An officer or board member if the hospice is a

 2  firm, corporation, partnership, or association, or any person

 3  owning 5 percent or more of the hospice if the agency has

 4  probable cause to believe that such officer, board member, or

 5  owner has been convicted of any offense prohibited by s.

 6  435.04. For each officer, board member, or person owning 5

 7  percent or more who has been convicted of any such offense,

 8  the hospice shall submit to the agency a description and

 9  explanation of the conviction at the time of license

10  application. This paragraph does not apply to a board member

11  of a not-for-profit corporation or organization if the board

12  member serves solely in a voluntary capacity, does not

13  regularly take part in the day-to-day operational decisions of

14  the corporation or organization, receives no remuneration for

15  his or her services, and has no financial interest and has no

16  family members with a financial interest in the corporation or

17  organization, provided that the board member and the

18  corporation or organization submit a statement affirming that

19  the board member's relationship to the corporation or

20  organization satisfies the requirements of this paragraph.

21         (2)  Proof of compliance with level 2 screening

22  standards which has been submitted within the previous 5 years

23  to meet any facility or professional licensure requirements of

24  the agency or the Department of Health satisfies the

25  requirements of this section.

26         (4)  The agency shall require employment or contractor

27  screening as provided in chapter 435, using the level 1

28  standards for screening set forth in that chapter, for hospice

29  personnel.

30         Section 32.  For the purpose of incorporating the

31  amendment to sections 435.03 and 435.04, Florida Statutes, in

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 1  references thereto, paragraphs (a), (b), (c), (d), (f), and

 2  (g) of subsection (4) of section 400.980, Florida Statutes,

 3  are reenacted to read:

 4         400.980  Health care services pools.--

 5         (4)  Each applicant for registration must comply with

 6  the following requirements:

 7         (a)  Upon receipt of a completed, signed, and dated

 8  application, the agency shall require background screening, in

 9  accordance with the level 1 standards for screening set forth

10  in chapter 435, of every individual who will have contact with

11  patients. The agency shall require background screening of the

12  managing employee or other similarly titled individual who is

13  responsible for the operation of the entity, and of the

14  financial officer or other similarly titled individual who is

15  responsible for the financial operation of the entity,

16  including billings for services in accordance with the level 2

17  standards for background screening as set forth in chapter

18  435.

19         (b)  The agency may require background screening of any

20  other individual who is affiliated with the applicant if the

21  agency has a reasonable basis for believing that he or she has

22  been convicted of a crime or has committed any other offense

23  prohibited under the level 2 standards for screening set forth

24  in chapter 435.

25         (c)  Proof of compliance with the level 2 background

26  screening requirements of chapter 435 which has been submitted

27  within the previous 5 years in compliance with any other

28  health care or assisted living licensure requirements of this

29  state is acceptable in fulfillment of paragraph (a).

30         (d)  A provisional registration may be granted to an

31  applicant when each individual required by this section to

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 1  undergo background screening has met the standards for the

 2  Department of Law Enforcement background check but the agency

 3  has not yet received background screening results from the

 4  Federal Bureau of Investigation. A standard registration may

 5  be granted to the applicant upon the agency's receipt of a

 6  report of the results of the Federal Bureau of Investigation

 7  background screening for each individual required by this

 8  section to undergo background screening which confirms that

 9  all standards have been met, or upon the granting of a

10  disqualification exemption by the agency as set forth in

11  chapter 435. Any other person who is required to undergo level

12  2 background screening may serve in his or her capacity

13  pending the agency's receipt of the report from the Federal

14  Bureau of Investigation. However, the person may not continue

15  to serve if the report indicates any violation of background

16  screening standards and if a disqualification exemption has

17  not been requested of and granted by the agency as set forth

18  in chapter 435.

19         (f)  Each applicant must submit to the agency a

20  description and explanation of any conviction of an offense

21  prohibited under the level 2 standards of chapter 435 which

22  was committed by a member of the board of directors of the

23  applicant, its officers, or any individual owning 5 percent or

24  more of the applicant. This requirement does not apply to a

25  director of a not-for-profit corporation or organization who

26  serves solely in a voluntary capacity for the corporation or

27  organization, does not regularly take part in the day-to-day

28  operational decisions of the corporation or organization,

29  receives no remuneration for his or her services on the

30  corporation's or organization's board of directors, and has no

31  financial interest and no family members having a financial

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 1  interest in the corporation or organization, if the director

 2  and the not-for-profit corporation or organization include in

 3  the application a statement affirming that the director's

 4  relationship to the corporation satisfies the requirements of

 5  this paragraph.

 6         (g)  A registration may not be granted to an applicant

 7  if the applicant or managing employee has been found guilty

 8  of, regardless of adjudication, or has entered a plea of nolo

 9  contendere or guilty to, any offense prohibited under the

10  level 2 standards for screening set forth in chapter 435,

11  unless an exemption from disqualification has been granted by

12  the agency as set forth in chapter 435.

13         Section 33.  For the purpose of incorporating the

14  amendment to sections 435.03 and 435.04, Florida Statutes, in

15  references thereto, paragraph (k) of subsection (2) of section

16  409.175, Florida Statutes, is reenacted to read:

17         409.175  Licensure of family foster homes, residential

18  child-caring agencies, and child-placing agencies; public

19  records exemption.--

20         (2)  As used in this section, the term:

21         (k)  "Screening" means the act of assessing the

22  background of personnel and includes, but is not limited to,

23  employment history checks as provided in chapter 435, using

24  the level 2 standards for screening set forth in that chapter.

25  Screening for employees and volunteers in summer day camps and

26  summer 24-hour camps and screening for all volunteers included

27  under the definition of "personnel" shall be conducted as

28  provided in chapter 435, using the level 1 standards set forth

29  in that chapter.

30         Section 34.  For the purpose of incorporating the

31  amendment to sections 435.03 and 435.04, Florida Statutes, in

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 1  references thereto, paragraph (d) of subsection (8) of section

 2  409.907, Florida Statutes, is reenacted to read:

 3         409.907  Medicaid provider agreements.--The agency may

 4  make payments for medical assistance and related services

 5  rendered to Medicaid recipients only to an individual or

 6  entity who has a provider agreement in effect with the agency,

 7  who is performing services or supplying goods in accordance

 8  with federal, state, and local law, and who agrees that no

 9  person shall, on the grounds of handicap, race, color, or

10  national origin, or for any other reason, be subjected to

11  discrimination under any program or activity for which the

12  provider receives payment from the agency.

13         (8)

14         (d)  Proof of compliance with the requirements of level

15  2 screening under s. 435.04 conducted within 12 months prior

16  to the date that the Medicaid provider application is

17  submitted to the agency shall fulfill the requirements of this

18  subsection. Proof of compliance with the requirements of level

19  1 screening under s. 435.03 conducted within 12 months prior

20  to the date that the Medicaid provider application is

21  submitted to the agency shall meet the requirement that the

22  Department of Law Enforcement conduct a state criminal history

23  record check.

24         Section 35.  For the purpose of incorporating the

25  amendment to sections 435.03 and 435.04, Florida Statutes, in

26  references thereto, subsections (1) and (3) of section 435.05,

27  Florida Statutes, are reenacted to read:

28         435.05  Requirements for covered employees.--Except as

29  otherwise provided by law, the following requirements shall

30  apply to covered employees:

31  

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 1         (1)(a)  Every person employed in a position for which

 2  employment screening is required must, within 5 working days

 3  after starting to work, submit to the employer a complete set

 4  of information necessary to conduct a screening under this

 5  section.

 6         (b)  For level 1 screening, the employer must submit

 7  the information necessary for screening to the Florida

 8  Department of Law Enforcement within 5 working days after

 9  receiving it. The Florida Department of Law Enforcement will

10  conduct a search of its records and will respond to the

11  employer agency. The employer will inform the employee whether

12  screening has revealed any disqualifying information.

13         (c)  For level 2 screening, the employer or licensing

14  agency must submit the information necessary for screening to

15  the Florida Department of Law Enforcement within 5 working

16  days after receiving it. The Florida Department of Law

17  Enforcement will conduct a search of its criminal and juvenile

18  records and will request that the Federal Bureau of

19  Investigation conduct a search of its records for each

20  employee for whom the request is made. The Florida Department

21  of Law Enforcement will respond to the employer or licensing

22  agency, and the employer or licensing agency will inform the

23  employee whether screening has revealed disqualifying

24  information.

25         (d)  The person whose background is being checked must

26  supply any missing criminal or other necessary information to

27  the employer within 30 days after the employer makes a request

28  for the information or be subject to automatic

29  disqualification.

30         (3)  Each employer required to conduct level 2

31  background screening must sign an affidavit annually, under

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 1  penalty of perjury, stating that all covered employees have

 2  been screened or are newly hired and are awaiting the results

 3  of the required screening checks.

 4         Section 36.  For the purpose of incorporating the

 5  amendment to sections 435.03 and 435.04, Florida Statutes, in

 6  references thereto, section 744.3135, Florida Statutes, as

 7  amended by chapter 2003-402, Laws of Florida, is reenacted to

 8  read:

 9         744.3135  Credit and criminal investigation.--The court

10  may require a nonprofessional guardian and shall require a

11  professional or public guardian, and all employees of a

12  professional guardian who have a fiduciary responsibility to a

13  ward, to submit, at their own expense, to an investigation of

14  the guardian's credit history and to undergo level 2

15  background screening as required under s. 435.04. The clerk of

16  the court shall obtain fingerprint cards from the Federal

17  Bureau of Investigation and make them available to guardians.

18  Any guardian who is so required shall have his or her

19  fingerprints taken and forward the proper fingerprint card

20  along with the necessary fee to the Florida Department of Law

21  Enforcement for processing. The professional guardian shall

22  pay to the clerk of the court a fee of up to $7.50 for

23  handling and processing professional guardian files. The

24  results of the fingerprint checks shall be forwarded to the

25  clerk of court who shall maintain the results in a guardian

26  file and shall make the results available to the court. If

27  credit or criminal investigations are required, the court must

28  consider the results of the investigations in appointing a

29  guardian. Professional guardians and all employees of a

30  professional guardian who have a fiduciary responsibility to a

31  ward, so appointed, must resubmit, at their own expense, to an

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 1  investigation of credit history, and undergo level 1

 2  background screening as required under s. 435.03, at least

 3  every 2 years after the date of their appointment. At any

 4  time, the court may require guardians or their employees to

 5  submit to an investigation of credit history and undergo level

 6  1 background screening as required under s. 435.03. The court

 7  must consider the results of these investigations in

 8  reappointing a guardian. This section shall not apply to a

 9  professional guardian, or to the employees of a professional

10  guardian, that is a trust company, a state banking corporation

11  or state savings association authorized and qualified to

12  exercise fiduciary powers in this state, or a national banking

13  association or federal savings and loan association authorized

14  and qualified to exercise fiduciary powers in this state

15         Section 37.  For the purpose of incorporating the

16  amendment to sections 435.03 and 435.04, Florida Statutes, in

17  references thereto, subsection (2) of section 985.04, Florida

18  Statutes, is reenacted to read:

19         985.04  Oaths; records; confidential information.--

20         (2)  Records maintained by the Department of Juvenile

21  Justice, including copies of records maintained by the court,

22  which pertain to a child found to have committed a delinquent

23  act which, if committed by an adult, would be a crime

24  specified in ss. 435.03 and 435.04 may not be destroyed

25  pursuant to this section for a period of 25 years after the

26  youth's final referral to the department, except in cases of

27  the death of the child. Such records, however, shall be sealed

28  by the court for use only in meeting the screening

29  requirements for personnel in s. 402.3055 and the other

30  sections cited above, or pursuant to departmental rule;

31  however, current criminal history information must be obtained

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 1  from the Department of Law Enforcement in accordance with s.

 2  943.053. The information shall be released to those persons

 3  specified in the above cited sections for the purposes of

 4  complying with those sections. The court may punish by

 5  contempt any person who releases or uses the records for any

 6  unauthorized purpose.

 7         Section 38.  For the purpose of incorporating the

 8  amendment to section 435.03, Florida Statutes, in references

 9  thereto, section 400.512, Florida Statutes, is reenacted to

10  read:

11         400.512  Screening of home health agency personnel;

12  nurse registry personnel; and companions and homemakers.--The

13  agency shall require employment or contractor screening as

14  provided in chapter 435, using the level 1 standards for

15  screening set forth in that chapter, for home health agency

16  personnel; persons referred for employment by nurse

17  registries; and persons employed by companion or homemaker

18  services registered under s. 400.509.

19         (1)(a)  The Agency for Health Care Administration may,

20  upon request, grant exemptions from disqualification from

21  employment or contracting under this section as provided in s.

22  435.07, except for health care practitioners licensed by the

23  Department of Health or a regulatory board within that

24  department.

25         (b)  The appropriate regulatory board within the

26  Department of Health, or that department itself when there is

27  no board, may, upon request of the licensed health care

28  practitioner, grant exemptions from disqualification from

29  employment or contracting under this section as provided in s.

30  435.07.

31  

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 1         (2)  The administrator of each home health agency, the

 2  managing employee of each nurse registry, and the managing

 3  employee of each companion or homemaker service registered

 4  under s. 400.509 must sign an affidavit annually, under

 5  penalty of perjury, stating that all personnel hired,

 6  contracted with, or registered on or after October 1, 1994,

 7  who enter the home of a patient or client in their service

 8  capacity have been screened and that its remaining personnel

 9  have worked for the home health agency or registrant

10  continuously since before October 1, 1994.

11         (3)  As a prerequisite to operating as a home health

12  agency, nurse registry, or companion or homemaker service

13  under s. 400.509, the administrator or managing employee,

14  respectively, must submit to the agency his or her name and

15  any other information necessary to conduct a complete

16  screening according to this section. The agency shall submit

17  the information to the Department of Law Enforcement for state

18  processing. The agency shall review the record of the

19  administrator or manager with respect to the offenses

20  specified in this section and shall notify the owner of its

21  findings. If disposition information is missing on a criminal

22  record, the administrator or manager, upon request of the

23  agency, must obtain and supply within 30 days the missing

24  disposition information to the agency. Failure to supply

25  missing information within 30 days or to show reasonable

26  efforts to obtain such information will result in automatic

27  disqualification.

28         (4)  Proof of compliance with the screening

29  requirements of chapter 435 shall be accepted in lieu of the

30  requirements of this section if the person has been

31  continuously employed or registered without a breach in

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 1  service that exceeds 180 days, the proof of compliance is not

 2  more than 2 years old, and the person has been screened by the

 3  Department of Law Enforcement. A home health agency, nurse

 4  registry, or companion or homemaker service registered under

 5  s. 400.509 shall directly provide proof of compliance to

 6  another home health agency, nurse registry, or companion or

 7  homemaker service registered under s. 400.509. The recipient

 8  home health agency, nurse registry, or companion or homemaker

 9  service registered under s. 400.509 may not accept any proof

10  of compliance directly from the person who requires screening.

11  Proof of compliance with the screening requirements of this

12  section shall be provided upon request to the person screened

13  by the home health agencies; nurse registries; or companion or

14  homemaker services registered under s. 400.509.

15         (5)  There is no monetary liability on the part of, and

16  no cause of action for damages arises against, a licensed home

17  health agency, licensed nurse registry, or companion or

18  homemaker service registered under s. 400.509, that, upon

19  notice that the employee or contractor has been found guilty

20  of, regardless of adjudication, or entered a plea of nolo

21  contendere or guilty to, any offense prohibited under s.

22  435.03 or under any similar statute of another jurisdiction,

23  terminates the employee or contractor, whether or not the

24  employee or contractor has filed for an exemption with the

25  agency in accordance with chapter 435 and whether or not the

26  time for filing has expired.

27         (6)  The costs of processing the statewide

28  correspondence criminal records checks must be borne by the

29  home health agency; the nurse registry; or the companion or

30  homemaker service registered under s. 400.509, or by the

31  

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 1  person being screened, at the discretion of the home health

 2  agency, nurse registry, or s. 400.509 registrant.

 3         (7)(a)  It is a misdemeanor of the first degree,

 4  punishable under s. 775.082 or s. 775.083, for any person

 5  willfully, knowingly, or intentionally to:

 6         1.  Fail, by false statement, misrepresentation,

 7  impersonation, or other fraudulent means, to disclose in any

 8  application for voluntary or paid employment a material fact

 9  used in making a determination as to such person's

10  qualifications to be an employee under this section;

11         2.  Operate or attempt to operate an entity licensed or

12  registered under this part with persons who do not meet the

13  minimum standards for good moral character as contained in

14  this section; or

15         3.  Use information from the criminal records obtained

16  under this section for any purpose other than screening that

17  person for employment as specified in this section or release

18  such information to any other person for any purpose other

19  than screening for employment under this section.

20         (b)  It is a felony of the third degree, punishable

21  under s. 775.082, s. 775.083, or s. 775.084, for any person

22  willfully, knowingly, or intentionally to use information from

23  the juvenile records of a person obtained under this section

24  for any purpose other than screening for employment under this

25  section.

26         Section 39.  For the purpose of incorporating the

27  amendment to section 435.03, Florida Statutes, in references

28  thereto, subsection (4) of section 400.619, Florida Statutes,

29  is reenacted to read:

30         400.619  Licensure application and renewal.--

31  

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 1         (4)  Upon receipt of a completed license application or

 2  license renewal, and the fee, the agency shall initiate a

 3  level 1 background screening as provided under chapter 435 on

 4  the adult family-care home provider, the designated relief

 5  person, all adult household members, and all staff members.

 6  The agency shall conduct an onsite visit to the home that is

 7  to be licensed.

 8         (a)  Proof of compliance with level 1 screening

 9  standards which has been submitted within the previous 5 years

10  to meet any facility or professional licensure requirements of

11  the agency or the Department of Health satisfies the

12  requirements of this subsection. Such proof must be

13  accompanied, under penalty of perjury, by a copy of the

14  person's current professional license and an affidavit of

15  current compliance with the background screening requirements.

16         (b)  The person required to be screened must have been

17  continuously employed in the same type of occupation for which

18  the person is seeking employment without a breach in service

19  that exceeds 180 days, and proof of compliance with the level

20  1 screening requirement which is no more than 2 years old must

21  be provided. Proof of compliance shall be provided directly

22  from one employer or contractor to another, and not from the

23  person screened. Upon request, a copy of screening results

24  shall be provided to the person screened by the employer

25  retaining documentation of the screening.

26         Section 40.  For the purpose of incorporating the

27  amendment to section 435.03, Florida Statutes, in references

28  thereto, subsection (1) of section 400.6194, Florida Statutes,

29  is reenacted to read:

30  

31  

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 1         400.6194  Denial, revocation, or suspension of a

 2  license.--The agency may deny, suspend, or revoke a license

 3  for any of the following reasons:

 4         (1)  Failure of any of the persons required to undergo

 5  background screening under s. 400.619 to meet the level 1

 6  screening standards of s. 435.03, unless an exemption from

 7  disqualification has been provided by the agency.

 8         Section 41.  For the purpose of incorporating the

 9  amendment to section 435.03, Florida Statutes, in references

10  thereto, section 400.953, Florida Statutes, is reenacted to

11  read:

12         400.953  Background screening of home medical equipment

13  provider personnel.--The agency shall require employment

14  screening as provided in chapter 435, using the level 1

15  standards for screening set forth in that chapter, for home

16  medical equipment provider personnel.

17         (1)  The agency may grant exemptions from

18  disqualification from employment under this section as

19  provided in s. 435.07.

20         (2)  The general manager of each home medical equipment

21  provider must sign an affidavit annually, under penalty of

22  perjury, stating that all home medical equipment provider

23  personnel hired on or after July 1, 1999, who enter the home

24  of a patient in the capacity of their employment have been

25  screened and that its remaining personnel have worked for the

26  home medical equipment provider continuously since before July

27  1, 1999.

28         (3)  Proof of compliance with the screening

29  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

30  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

31  985.407 or this part must be accepted in lieu of the

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 1  requirements of this section if the person has been

 2  continuously employed in the same type of occupation for which

 3  he or she is seeking employment without a breach in service

 4  that exceeds 180 days, the proof of compliance is not more

 5  than 2 years old, and the person has been screened by the

 6  Department of Law Enforcement. An employer or contractor shall

 7  directly provide proof of compliance to another employer or

 8  contractor, and a potential employer or contractor may not

 9  accept any proof of compliance directly from the person

10  requiring screening. Proof of compliance with the screening

11  requirements of this section shall be provided, upon request,

12  to the person screened by the home medical equipment provider.

13         (4)  There is no monetary liability on the part of, and

14  no cause of action for damages arising against, a licensed

15  home medical equipment provider that, upon notice that an

16  employee has been found guilty of, regardless of adjudication,

17  or entered a plea of nolo contendere or guilty to, any offense

18  prohibited under s. 435.03 or under any similar statute of

19  another jurisdiction, terminates the employee, whether or not

20  the employee has filed for an exemption with the agency and

21  whether or not the time for filing has expired.

22         (5)  The costs of processing the statewide

23  correspondence criminal records checks must be borne by the

24  home medical equipment provider or by the person being

25  screened, at the discretion of the home medical equipment

26  provider.

27         (6)  Neither the agency nor the home medical equipment

28  provider may use the criminal records or juvenile records of a

29  person for any purpose other than determining whether that

30  person meets minimum standards of good moral character for

31  home medical equipment provider personnel.

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 1         (7)(a)  It is a misdemeanor of the first degree,

 2  punishable as provided in s. 775.082 or s. 775.083, for any

 3  person willfully, knowingly, or intentionally to:

 4         1.  Fail, by false statement, misrepresentation,

 5  impersonation, or other fraudulent means, to disclose in any

 6  application for paid employment a material fact used in making

 7  a determination as to the person's qualifications to be an

 8  employee under this section;

 9         2.  Operate or attempt to operate an entity licensed

10  under this part with persons who do not meet the minimum

11  standards for good moral character as contained in this

12  section; or

13         3.  Use information from the criminal records obtained

14  under this section for any purpose other than screening that

15  person for employment as specified in this section, or release

16  such information to any other person for any purpose other

17  than screening for employment under this section.

18         (b)  It is a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084, for any

20  person willfully, knowingly, or intentionally to use

21  information from the juvenile records of a person obtained

22  under this section for any purpose other than screening for

23  employment under this section.

24         Section 42.  For the purpose of incorporating the

25  amendment to section 435.03, Florida Statutes, in references

26  thereto, subsection (32) of section 409.912, Florida Statutes,

27  is reenacted to read:

28         409.912  Cost-effective purchasing of health care.--The

29  agency shall purchase goods and services for Medicaid

30  recipients in the most cost-effective manner consistent with

31  the delivery of quality medical care. The agency shall

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 1  maximize the use of prepaid per capita and prepaid aggregate

 2  fixed-sum basis services when appropriate and other

 3  alternative service delivery and reimbursement methodologies,

 4  including competitive bidding pursuant to s. 287.057, designed

 5  to facilitate the cost-effective purchase of a case-managed

 6  continuum of care. The agency shall also require providers to

 7  minimize the exposure of recipients to the need for acute

 8  inpatient, custodial, and other institutional care and the

 9  inappropriate or unnecessary use of high-cost services. The

10  agency may establish prior authorization requirements for

11  certain populations of Medicaid beneficiaries, certain drug

12  classes, or particular drugs to prevent fraud, abuse, overuse,

13  and possible dangerous drug interactions. The Pharmaceutical

14  and Therapeutics Committee shall make recommendations to the

15  agency on drugs for which prior authorization is required. The

16  agency shall inform the Pharmaceutical and Therapeutics

17  Committee of its decisions regarding drugs subject to prior

18  authorization.

19         (32)  Each managed care plan that is under contract

20  with the agency to provide health care services to Medicaid

21  recipients shall annually conduct a background check with the

22  Florida Department of Law Enforcement of all persons with

23  ownership interest of 5 percent or more or executive

24  management responsibility for the managed care plan and shall

25  submit to the agency information concerning any such person

26  who has been found guilty of, regardless of adjudication, or

27  has entered a plea of nolo contendere or guilty to, any of the

28  offenses listed in s. 435.03.

29         Section 43.  For the purpose of incorporating the

30  amendment to section 435.03, Florida Statutes, in references

31  

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 1  thereto, subsection (4) of section 435.07, Florida Statutes,

 2  is reenacted to read:

 3         435.07  Exemptions from disqualification.--Unless

 4  otherwise provided by law, the provisions of this section

 5  shall apply to exemptions from disqualification.

 6         (4)  Disqualification from employment under subsection

 7  (1) may not be removed from, nor may an exemption be granted

 8  to, any personnel who is found guilty of, regardless of

 9  adjudication, or who has entered a plea of nolo contendere or

10  guilty to, any felony covered by s. 435.03 solely by reason of

11  any pardon, executive clemency, or restoration of civil

12  rights.

13         Section 44.  For the purpose of incorporating the

14  amendment to section 435.03, Florida Statutes, in references

15  thereto, paragraph (e) of subsection (1) of section 464.018,

16  Florida Statutes, is reenacted to read:

17         464.018  Disciplinary actions.--

18         (1)  The following acts constitute grounds for denial

19  of a license or disciplinary action, as specified in s.

20  456.072(2):

21         (e)  Having been found guilty of, regardless of

22  adjudication, or entered a plea of nolo contendere or guilty

23  to, any offense prohibited under s. 435.03 or under any

24  similar statute of another jurisdiction; or having committed

25  an act which constitutes domestic violence as defined in s.

26  741.28.

27         Section 45.  For the purpose of incorporating the

28  amendment to section 435.03, Florida Statutes, in references

29  thereto, subsection (3) of section 744.309, Florida Statutes,

30  is reenacted to read:

31  

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 1         744.309  Who may be appointed guardian of a resident

 2  ward.--

 3         (3)  DISQUALIFIED PERSONS.--No person who has been

 4  convicted of a felony or who, from any incapacity or illness,

 5  is incapable of discharging the duties of a guardian, or who

 6  is otherwise unsuitable to perform the duties of a guardian,

 7  shall be appointed to act as guardian. Further, no person who

 8  has been judicially determined to have committed abuse,

 9  abandonment, or neglect against a child as defined in s. 39.01

10  or s. 984.03(1), (2), and (37), or who has been found guilty

11  of, regardless of adjudication, or entered a plea of nolo

12  contendere or guilty to, any offense prohibited under s.

13  435.03 or under any similar statute of another jurisdiction,

14  shall be appointed to act as a guardian. Except as provided in

15  subsection (5) or subsection (6), a person who provides

16  substantial services to the proposed ward in a professional or

17  business capacity, or a creditor of the proposed ward, may not

18  be appointed guardian and retain that previous professional or

19  business relationship. A person may not be appointed a

20  guardian if he or she is in the employ of any person, agency,

21  government, or corporation that provides service to the

22  proposed ward in a professional or business capacity, except

23  that a person so employed may be appointed if he or she is the

24  spouse, adult child, parent, or sibling of the proposed ward

25  or the court determines that the potential conflict of

26  interest is insubstantial and that the appointment would

27  clearly be in the proposed ward's best interest. The court may

28  not appoint a guardian in any other circumstance in which a

29  conflict of interest may occur.

30         Section 46.  For the purpose of incorporating the

31  amendment to section 435.03, Florida Statutes, in references

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 1  thereto, subsection (12) of section 744.474, Florida Statutes,

 2  is reenacted to read:

 3         744.474  Reasons for removal of guardian.--A guardian

 4  may be removed for any of the following reasons, and the

 5  removal shall be in addition to any other penalties prescribed

 6  by law:

 7         (12)  Having been found guilty of, regardless of

 8  adjudication, or entered a plea of nolo contendere or guilty

 9  to, any offense prohibited under s. 435.03 or under any

10  similar statute of another jurisdiction.

11         Section 47.  For the purpose of incorporating the

12  amendment to section 435.03, Florida Statutes, in references

13  thereto, subsection (4) of section 985.407, Florida Statutes,

14  is reenacted to read:

15         985.407  Departmental contracting powers; personnel

16  standards and screening.--

17         (4)  The department shall require employment screening

18  pursuant to chapter 435, using the level 1 standards for

19  screening set forth in that chapter, for personnel in

20  delinquency facilities, services, and programs.

21         Section 48.  For the purpose of incorporating the

22  amendment to section 435.04, Florida Statutes, in references

23  thereto, paragraph (b) of subsection (2) of section 39.001,

24  Florida Statutes, is reenacted to read:

25         39.001  Purposes and intent; personnel standards and

26  screening.--

27         (2)  DEPARTMENT CONTRACTS.--The department may contract

28  with the Federal Government, other state departments and

29  agencies, county and municipal governments and agencies,

30  public and private agencies, and private individuals and

31  

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 1  corporations in carrying out the purposes of, and the

 2  responsibilities established in, this chapter.

 3         (b)  The department shall require employment screening,

 4  and rescreening no less frequently than once every 5 years,

 5  pursuant to chapter 435, using the level 2 standards set forth

 6  in that chapter for personnel in programs for children or

 7  youths.

 8         Section 49.  For the purpose of incorporating the

 9  amendment to section 435.04, Florida Statutes, in references

10  thereto, subsection (1) of section 39.821, Florida Statutes,

11  is reenacted to read:

12         39.821  Qualifications of guardians ad litem.--

13         (1)  Because of the special trust or responsibility

14  placed in a guardian ad litem, the Guardian Ad Litem Program

15  may use any private funds collected by the program, or any

16  state funds so designated, to conduct a security background

17  investigation before certifying a volunteer to serve. A

18  security background investigation must include, but need not

19  be limited to, employment history checks, checks of

20  references, local criminal records checks through local law

21  enforcement agencies, and statewide criminal records checks

22  through the Department of Law Enforcement. Upon request, an

23  employer shall furnish a copy of the personnel record for the

24  employee or former employee who is the subject of a security

25  background investigation conducted under this section. The

26  information contained in the personnel record may include, but

27  need not be limited to, disciplinary matters and the reason

28  why the employee was terminated from employment. An employer

29  who releases a personnel record for purposes of a security

30  background investigation is presumed to have acted in good

31  faith and is not liable for information contained in the

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 1  record without a showing that the employer maliciously

 2  falsified the record. A security background investigation

 3  conducted under this section must ensure that a person is not

 4  certified as a guardian ad litem if the person has been

 5  convicted of, regardless of adjudication, or entered a plea of

 6  nolo contendere or guilty to, any offense prohibited under the

 7  provisions of the Florida Statutes specified in s. 435.04(2)

 8  or under any similar law in another jurisdiction. Before

 9  certifying an applicant to serve as a guardian ad litem, the

10  chief judge of the circuit court may request a federal

11  criminal records check of the applicant through the Federal

12  Bureau of Investigation. In analyzing and evaluating the

13  information obtained in the security background investigation,

14  the program must give particular emphasis to past activities

15  involving children, including, but not limited to,

16  child-related criminal offenses or child abuse. The program

17  has the sole discretion in determining whether to certify a

18  person based on his or her security background investigation.

19  The information collected pursuant to the security background

20  investigation is confidential and exempt from s. 119.07(1).

21         Section 50.  For the purpose of incorporating the

22  amendment to section 435.04, Florida Statutes, in references

23  thereto, paragraphs (a) and (c) of subsection (3) of section

24  110.1127, Florida Statutes, are reenacted to read:

25         110.1127  Employee security checks.--

26         (3)(a)  All positions in programs providing care to

27  children, the developmentally disabled, or vulnerable adults

28  for 15 hours or more per week; all permanent and temporary

29  employee positions of the central abuse hotline; and all

30  persons working under contract who have access to abuse

31  records are deemed to be persons and positions of special

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 1  trust or responsibility, and require employment screening

 2  pursuant to chapter 435, using the level 2 standards set forth

 3  in that chapter.

 4         (c)  All persons and employees in such positions of

 5  trust or responsibility shall be required to undergo security

 6  background investigations as a condition of employment and

 7  continued employment. For the purposes of this subsection,

 8  security background investigations shall be conducted as

 9  provided in chapter 435, using the level 2 standards for

10  screening set forth in that chapter.

11         Section 51.  For the purpose of incorporating the

12  amendment to section 435.04, Florida Statutes, in references

13  thereto, paragraph (a) of subsection (12) of section 112.0455,

14  Florida Statutes, is reenacted to read:

15         112.0455  Drug-Free Workplace Act.--

16         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

17         (a)  A laboratory may analyze initial or confirmation

18  drug specimens only if:

19         1.  The laboratory is licensed and approved by the

20  Agency for Health Care Administration using criteria

21  established by the United States Department of Health and

22  Human Services as general guidelines for modeling the state

23  drug testing program. Each applicant for licensure must comply

24  with the following requirements:

25         a.  Upon receipt of a completed, signed, and dated

26  application, the agency shall require background screening, in

27  accordance with the level 2 standards for screening set forth

28  in chapter 435, of the managing employee, or other similarly

29  titled individual responsible for the daily operation of the

30  laboratory, and of the financial officer, or other similarly

31  titled individual who is responsible for the financial

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 1  operation of the laboratory, including billings for services.

 2  The applicant must comply with the procedures for level 2

 3  background screening as set forth in chapter 435, as well as

 4  the requirements of s. 435.03(3).

 5         b.  The agency may require background screening of any

 6  other individual who is an applicant if the agency has

 7  probable cause to believe that he or she has been convicted of

 8  an offense prohibited under the level 2 standards for

 9  screening set forth in chapter 435.

10         c.  Proof of compliance with the level 2 background

11  screening requirements of chapter 435 which has been submitted

12  within the previous 5 years in compliance with any other

13  health care licensure requirements of this state is acceptable

14  in fulfillment of screening requirements.

15         d.  A provisional license may be granted to an

16  applicant when each individual required by this section to

17  undergo background screening has met the standards for the

18  Department of Law Enforcement background check, but the agency

19  has not yet received background screening results from the

20  Federal Bureau of Investigation, or a request for a

21  disqualification exemption has been submitted to the agency as

22  set forth in chapter 435, but a response has not yet been

23  issued. A license may be granted to the applicant upon the

24  agency's receipt of a report of the results of the Federal

25  Bureau of Investigation background screening for each

26  individual required by this section to undergo background

27  screening which confirms that all standards have been met, or

28  upon the granting of a disqualification exemption by the

29  agency as set forth in chapter 435. Any other person who is

30  required to undergo level 2 background screening may serve in

31  his or her capacity pending the agency's receipt of the report

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 1  from the Federal Bureau of Investigation. However, the person

 2  may not continue to serve if the report indicates any

 3  violation of background screening standards and a

 4  disqualification exemption has not been requested of and

 5  granted by the agency as set forth in chapter 435.

 6         e.  Each applicant must submit to the agency, with its

 7  application, a description and explanation of any exclusions,

 8  permanent suspensions, or terminations of the applicant from

 9  the Medicare or Medicaid programs. Proof of compliance with

10  the requirements for disclosure of ownership and control

11  interests under the Medicaid or Medicare programs shall be

12  accepted in lieu of this submission.

13         f.  Each applicant must submit to the agency a

14  description and explanation of any conviction of an offense

15  prohibited under the level 2 standards of chapter 435 by a

16  member of the board of directors of the applicant, its

17  officers, or any individual owning 5 percent or more of the

18  applicant. This requirement does not apply to a director of a

19  not-for-profit corporation or organization if the director

20  serves solely in a voluntary capacity for the corporation or

21  organization, does not regularly take part in the day-to-day

22  operational decisions of the corporation or organization,

23  receives no remuneration for his or her services on the

24  corporation or organization's board of directors, and has no

25  financial interest and has no family members with a financial

26  interest in the corporation or organization, provided that the

27  director and the not-for-profit corporation or organization

28  include in the application a statement affirming that the

29  director's relationship to the corporation satisfies the

30  requirements of this sub-subparagraph.

31  

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 1         g.  A license may not be granted to any applicant if

 2  the applicant or managing employee has been found guilty of,

 3  regardless of adjudication, or has entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under the

 5  level 2 standards for screening set forth in chapter 435,

 6  unless an exemption from disqualification has been granted by

 7  the agency as set forth in chapter 435.

 8         h.  The agency may deny or revoke licensure if the

 9  applicant:

10         (I)  Has falsely represented a material fact in the

11  application required by sub-subparagraph e. or

12  sub-subparagraph f., or has omitted any material fact from the

13  application required by sub-subparagraph e. or

14  sub-subparagraph f.; or

15         (II)  Has had prior action taken against the applicant

16  under the Medicaid or Medicare program as set forth in

17  sub-subparagraph e.

18         i.  An application for license renewal must contain the

19  information required under sub-subparagraphs e. and f.

20         2.  The laboratory has written procedures to ensure

21  chain of custody.

22         3.  The laboratory follows proper quality control

23  procedures, including, but not limited to:

24         a.  The use of internal quality controls including the

25  use of samples of known concentrations which are used to check

26  the performance and calibration of testing equipment, and

27  periodic use of blind samples for overall accuracy.

28         b.  An internal review and certification process for

29  drug test results, conducted by a person qualified to perform

30  that function in the testing laboratory.

31  

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 1         c.  Security measures implemented by the testing

 2  laboratory to preclude adulteration of specimens and drug test

 3  results.

 4         d.  Other necessary and proper actions taken to ensure

 5  reliable and accurate drug test results.

 6         Section 52.  For the purpose of incorporating the

 7  amendment to section 435.04, Florida Statutes, in references

 8  thereto, subsections (1), (2), and (4) of section 381.0059,

 9  Florida Statutes, are reenacted to read:

10         381.0059  Background screening requirements for school

11  health services personnel.--

12         (1)  Pursuant to the provisions of chapter 435, any

13  person who provides services under a school health services

14  plan pursuant to s. 381.0056 must meet level 2 screening

15  requirements as described in s. 435.04. A person may satisfy

16  the requirements of this subsection by submitting proof of

17  compliance with the requirements of level 2 screening

18  conducted within 12 months before the date that person

19  initially provides services under a school health services

20  plan.

21         (2)  A person may provide services under a school

22  health services plan pursuant to s. 381.0056 prior to the

23  completion of level 2 screening. However, pending the results

24  of the screening, such person may not be alone with a minor.

25         (4)  Under penalty of perjury, each person who provides

26  services under a school health plan pursuant to s. 381.0056

27  must attest to meeting the level 2 screening requirements for

28  participation under the plan and agree to inform his or her

29  employer immediately if convicted of any disqualifying offense

30  while providing services under a plan.

31  

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 1         Section 53.  For the purpose of incorporating the

 2  amendment to section 435.04, Florida Statutes, in references

 3  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 4  subsection (1) of section 381.60225, Florida Statutes, are

 5  reenacted to read:

 6         381.60225  Background screening.--

 7         (1)  Each applicant for certification must comply with

 8  the following requirements:

 9         (a)  Upon receipt of a completed, signed, and dated

10  application, the Agency for Health Care Administration shall

11  require background screening, in accordance with the level 2

12  standards for screening set forth in chapter 435, of the

13  managing employee, or other similarly titled individual

14  responsible for the daily operation of the organization,

15  agency, or entity, and financial officer, or other similarly

16  titled individual who is responsible for the financial

17  operation of the organization, agency, or entity, including

18  billings for services. The applicant must comply with the

19  procedures for level 2 background screening as set forth in

20  chapter 435, as well as the requirements of s. 435.03(3).

21         (b)  The Agency for Health Care Administration may

22  require background screening of any other individual who is an

23  applicant if the Agency for Health Care Administration has

24  probable cause to believe that he or she has been convicted of

25  a crime or has committed any other offense prohibited under

26  the level 2 standards for screening set forth in chapter 435.

27         (c)  Proof of compliance with the level 2 background

28  screening requirements of chapter 435 which has been submitted

29  within the previous 5 years in compliance with any other

30  health care licensure requirements of this state is acceptable

31  in fulfillment of the requirements of paragraph (a).

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 1         (d)  A provisional certification may be granted to the

 2  organization, agency, or entity when each individual required

 3  by this section to undergo background screening has met the

 4  standards for the Department of Law Enforcement background

 5  check, but the agency has not yet received background

 6  screening results from the Federal Bureau of Investigation, or

 7  a request for a disqualification exemption has been submitted

 8  to the agency as set forth in chapter 435, but a response has

 9  not yet been issued. A standard certification may be granted

10  to the organization, agency, or entity upon the agency's

11  receipt of a report of the results of the Federal Bureau of

12  Investigation background screening for each individual

13  required by this section to undergo background screening which

14  confirms that all standards have been met, or upon the

15  granting of a disqualification exemption by the agency as set

16  forth in chapter 435. Any other person who is required to

17  undergo level 2 background screening may serve in his or her

18  capacity pending the agency's receipt of the report from the

19  Federal Bureau of Investigation. However, the person may not

20  continue to serve if the report indicates any violation of

21  background screening standards and a disqualification

22  exemption has not been requested of and granted by the agency

23  as set forth in chapter 435.

24         (f)  Each applicant must submit to the agency a

25  description and explanation of any conviction of an offense

26  prohibited under the level 2 standards of chapter 435 by a

27  member of the board of directors of the applicant, its

28  officers, or any individual owning 5 percent or more of the

29  applicant. This requirement does not apply to a director of a

30  not-for-profit corporation or organization if the director

31  serves solely in a voluntary capacity for the corporation or

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 1  organization, does not regularly take part in the day-to-day

 2  operational decisions of the corporation or organization,

 3  receives no remuneration for his or her services on the

 4  corporation or organization's board of directors, and has no

 5  financial interest and has no family members with a financial

 6  interest in the corporation or organization, provided that the

 7  director and the not-for-profit corporation or organization

 8  include in the application a statement affirming that the

 9  director's relationship to the corporation satisfies the

10  requirements of this paragraph.

11         (g)  The agency may not certify any organization,

12  agency, or entity if any applicant or managing employee has

13  been found guilty of, regardless of adjudication, or has

14  entered a plea of nolo contendere or guilty to, any offense

15  prohibited under the level 2 standards for screening set forth

16  in chapter 435, unless an exemption from disqualification has

17  been granted by the agency as set forth in chapter 435.

18         Section 54.  For the purpose of incorporating the

19  amendment to section 435.04, Florida Statutes, in references

20  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

21  subsection (7) of section 383.305, Florida Statutes, are

22  reenacted to read:

23         383.305  Licensure; issuance, renewal, denial,

24  suspension, revocation; fees; background screening.--

25         (7)  Each applicant for licensure must comply with the

26  following requirements:

27         (a)  Upon receipt of a completed, signed, and dated

28  application, the agency shall require background screening, in

29  accordance with the level 2 standards for screening set forth

30  in chapter 435, of the managing employee, or other similarly

31  titled individual who is responsible for the daily operation

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 1  of the center, and of the financial officer, or other

 2  similarly titled individual who is responsible for the

 3  financial operation of the center, including billings for

 4  patient care and services. The applicant must comply with the

 5  procedures for level 2 background screening as set forth in

 6  chapter 435 as well as the requirements of s. 435.03(3).

 7         (b)  The agency may require background screening of any

 8  other individual who is an applicant if the agency has

 9  probable cause to believe that he or she has been convicted of

10  a crime or has committed any other offense prohibited under

11  the level 2 standards for screening set forth in chapter 435.

12         (c)  Proof of compliance with the level 2 background

13  screening requirements of chapter 435 which has been submitted

14  within the previous 5 years in compliance with any other

15  health care licensure requirements of this state is acceptable

16  in fulfillment of the requirements of paragraph (a).

17         (d)  A provisional license may be granted to an

18  applicant when each individual required by this section to

19  undergo background screening has met the standards for the

20  Department of Law Enforcement background check, but the agency

21  has not yet received background screening results from the

22  Federal Bureau of Investigation, or a request for a

23  disqualification exemption has been submitted to the agency as

24  set forth in chapter 435 but a response has not yet been

25  issued. A standard license may be granted to the applicant

26  upon the agency's receipt of a report of the results of the

27  Federal Bureau of Investigation background screening for each

28  individual required by this section to undergo background

29  screening which confirms that all standards have been met, or

30  upon the granting of a disqualification exemption by the

31  agency as set forth in chapter 435. Any other person who is

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 1  required to undergo level 2 background screening may serve in

 2  his or her capacity pending the agency's receipt of the report

 3  from the Federal Bureau of Investigation. However, the person

 4  may not continue to serve if the report indicates any

 5  violation of background screening standards and a

 6  disqualification exemption has not been requested of and

 7  granted by the agency as set forth in chapter 435.

 8         (f)  Each applicant must submit to the agency a

 9  description and explanation of any conviction of an offense

10  prohibited under the level 2 standards of chapter 435 by a

11  member of the board of directors of the applicant, its

12  officers, or any individual owning 5 percent or more of the

13  applicant. This requirement does not apply to a director of a

14  not-for-profit corporation or organization if the director

15  serves solely in a voluntary capacity for the corporation or

16  organization, does not regularly take part in the day-to-day

17  operational decisions of the corporation or organization,

18  receives no remuneration for his or her services on the

19  corporation or organization's board of directors, and has no

20  financial interest and has no family members with a financial

21  interest in the corporation or organization, provided that the

22  director and the not-for-profit corporation or organization

23  include in the application a statement affirming that the

24  director's relationship to the corporation satisfies the

25  requirements of this paragraph.

26         (g)  A license may not be granted to an applicant if

27  the applicant or managing employee has been found guilty of,

28  regardless of adjudication, or has entered a plea of nolo

29  contendere or guilty to, any offense prohibited under the

30  level 2 standards for screening set forth in chapter 435,

31  

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 1  unless an exemption from disqualification has been granted by

 2  the agency as set forth in chapter 435.

 3         Section 55.  For the purpose of incorporating the

 4  amendment to section 435.04, Florida Statutes, in references

 5  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 6  subsection (3) of section 390.015, Florida Statutes, are

 7  reenacted to read:

 8         390.015  Application for license.--

 9         (3)  Each applicant for licensure must comply with the

10  following requirements:

11         (a)  Upon receipt of a completed, signed, and dated

12  application, the agency shall require background screening, in

13  accordance with the level 2 standards for screening set forth

14  in chapter 435, of the managing employee, or other similarly

15  titled individual who is responsible for the daily operation

16  of the clinic, and financial officer, or other similarly

17  titled individual who is responsible for the financial

18  operation of the clinic, including billings for patient care

19  and services. The applicant must comply with the procedures

20  for level 2 background screening as set forth in chapter 435,

21  as well as the requirements of s. 435.03(3).

22         (b)  The agency may require background screening of any

23  other individual who is an applicant if the agency has

24  probable cause to believe that he or she has been convicted of

25  a crime or has committed any other offense prohibited under

26  the level 2 standards for screening set forth in chapter 435.

27         (c)  Proof of compliance with the level 2 background

28  screening requirements of chapter 435 which has been submitted

29  within the previous 5 years in compliance with any other

30  health care licensure requirements of this state is acceptable

31  in fulfillment of the requirements of paragraph (a).

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 1         (d)  A provisional license may be granted to an

 2  applicant when each individual required by this section to

 3  undergo background screening has met the standards for the

 4  Department of Law Enforcement background check, but the agency

 5  has not yet received background screening results from the

 6  Federal Bureau of Investigation, or a request for a

 7  disqualification exemption has been submitted to the agency as

 8  set forth in chapter 435 but a response has not yet been

 9  issued. A standard license may be granted to the applicant

10  upon the agency's receipt of a report of the results of the

11  Federal Bureau of Investigation background screening for each

12  individual required by this section to undergo background

13  screening which confirms that all standards have been met, or

14  upon the granting of a disqualification exemption by the

15  agency as set forth in chapter 435. Any other person who is

16  required to undergo level 2 background screening may serve in

17  his or her capacity pending the agency's receipt of the report

18  from the Federal Bureau of Investigation. However, the person

19  may not continue to serve if the report indicates any

20  violation of background screening standards and a

21  disqualification exemption has not been requested of and

22  granted by the agency as set forth in chapter 435.

23         (f)  Each applicant must submit to the agency a

24  description and explanation of any conviction of an offense

25  prohibited under the level 2 standards of chapter 435 by a

26  member of the board of directors of the applicant, its

27  officers, or any individual owning 5 percent or more of the

28  applicant. This requirement does not apply to a director of a

29  not-for-profit corporation or organization if the director

30  serves solely in a voluntary capacity for the corporation or

31  organization, does not regularly take part in the day-to-day

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 1  operational decisions of the corporation or organization,

 2  receives no remuneration for his or her services on the

 3  corporation or organization's board of directors, and has no

 4  financial interest and has no family members with a financial

 5  interest in the corporation or organization, provided that the

 6  director and the not-for-profit corporation or organization

 7  include in the application a statement affirming that the

 8  director's relationship to the corporation satisfies the

 9  requirements of this paragraph.

10         (g)  A license may not be granted to an applicant if

11  the applicant or managing employee has been found guilty of,

12  regardless of adjudication, or has entered a plea of nolo

13  contendere or guilty to, any offense prohibited under the

14  level 2 standards for screening set forth in chapter 435,

15  unless an exemption from disqualification has been granted by

16  the agency as set forth in chapter 435.

17         Section 56.  For the purpose of incorporating the

18  amendment to section 435.04, Florida Statutes, in references

19  thereto, subsection (1) of section 393.0655, Florida Statutes,

20  is reenacted to read:

21         393.0655  Screening of direct service providers.--

22         (1)  MINIMUM STANDARDS.--The department shall require

23  employment screening pursuant to chapter 435, using the level

24  2 standards for screening set forth in that chapter, for

25  direct service providers who are unrelated to their clients.

26         Section 57.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

29  subsection (6) of section 393.067, Florida Statutes, are

30  reenacted to read:

31  

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 1         393.067  Licensure of residential facilities and

 2  comprehensive transitional education programs.--

 3         (6)  Each applicant for licensure as an intermediate

 4  care facility for the developmentally disabled must comply

 5  with the following requirements:

 6         (a)  Upon receipt of a completed, signed, and dated

 7  application, the agency shall require background screening, in

 8  accordance with the level 2 standards for screening set forth

 9  in chapter 435, of the managing employee, or other similarly

10  titled individual who is responsible for the daily operation

11  of the facility, and of the financial officer, or other

12  similarly titled individual who is responsible for the

13  financial operation of the center, including billings for

14  resident care and services. The applicant must comply with the

15  procedures for level 2 background screening as set forth in

16  chapter 435, as well as the requirements of s. 435.03(3).

17         (b)  The agency may require background screening of any

18  other individual who is an applicant if the agency has

19  probable cause to believe that he or she has been convicted of

20  a crime or has committed any other offense prohibited under

21  the level 2 standards for screening set forth in chapter 435.

22         (c)  Proof of compliance with the level 2 background

23  screening requirements of chapter 435 which has been submitted

24  within the previous 5 years in compliance with any other

25  health care licensure requirements of this state is acceptable

26  in fulfillment of the requirements of paragraph (a).

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check, but the agency

31  has not yet received background screening results from the

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 1  Federal Bureau of Investigation, or a request for a

 2  disqualification exemption has been submitted to the agency as

 3  set forth in chapter 435, but a response has not yet been

 4  issued. A standard license may be granted to the applicant

 5  upon the agency's receipt of a report of the results of the

 6  Federal Bureau of Investigation background screening for each

 7  individual required by this section to undergo background

 8  screening which confirms that all standards have been met, or

 9  upon the granting of a disqualification exemption by the

10  agency as set forth in chapter 435. Any other person who is

11  required to undergo level 2 background screening may serve in

12  his or her capacity pending the agency's receipt of the report

13  from the Federal Bureau of Investigation. However, the person

14  may not continue to serve if the report indicates any

15  violation of background screening standards and a

16  disqualification exemption has not been requested of and

17  granted by the agency as set forth in chapter 435.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the

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 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         (g)  A license may not be granted to an applicant if

 6  the applicant or managing employee has been found guilty of,

 7  regardless of adjudication, or has entered a plea of nolo

 8  contendere or guilty to, any offense prohibited under the

 9  level 2 standards for screening set forth in chapter 435,

10  unless an exemption from disqualification has been granted by

11  the agency as set forth in chapter 435.

12         Section 58.  Paragraph (a) of subsection (1) of section

13  394.4572, Florida Statutes, is amended to read:

14         394.4572  Screening of mental health personnel.--

15         (1)(a)  The department and the Agency for Health Care

16  Administration shall require employment screening for mental

17  health personnel using the standards for level 2 screening set

18  forth in chapter 435. "Mental health personnel" includes all

19  program directors, professional clinicians, staff members, and

20  volunteers working in public or private mental health programs

21  and facilities who have direct contact with unmarried patients

22  under the age of 18 years. For the purpose of this chapter,

23  employment screening of mental health personnel also includes,

24  but is not limited to, employment history checks as provided

25  in chapter 435.

26         Section 59.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

29  subsection (13) of section 394.875, Florida Statutes, are

30  reenacted to read:

31  

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 1         394.875  Crisis stabilization units, residential

 2  treatment facilities, and residential treatment centers for

 3  children and adolescents; authorized services; license

 4  required; penalties.--

 5         (13)  Each applicant for licensure must comply with the

 6  following requirements:

 7         (a)  Upon receipt of a completed, signed, and dated

 8  application, the agency shall require background screening, in

 9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee and financial

11  officer, or other similarly titled individual who is

12  responsible for the financial operation of the facility,

13  including billings for client care and services. The applicant

14  must comply with the procedures for level 2 background

15  screening as set forth in chapter 435, as well as the

16  requirements of s. 435.03(3).

17         (b)  The agency may require background screening of any

18  other individual who is an applicant if the agency has

19  probable cause to believe that he or she has been convicted of

20  a crime or has committed any other offense prohibited under

21  the level 2 standards for screening set forth in chapter 435.

22         (c)  Proof of compliance with the level 2 background

23  screening requirements of chapter 435 which has been submitted

24  within the previous 5 years in compliance with any other

25  health care licensure requirements of this state is acceptable

26  in fulfillment of the requirements of paragraph (a).

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check, but the agency

31  has not yet received background screening results from the

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 1  Federal Bureau of Investigation, or a request for a

 2  disqualification exemption has been submitted to the agency as

 3  set forth in chapter 435, but a response has not yet been

 4  issued. A standard license may be granted to the applicant

 5  upon the agency's receipt of a report of the results of the

 6  Federal Bureau of Investigation background screening for each

 7  individual required by this section to undergo background

 8  screening which confirms that all standards have been met, or

 9  upon the granting of a disqualification exemption by the

10  agency as set forth in chapter 435. Any other person who is

11  required to undergo level 2 background screening may serve in

12  his or her capacity pending the agency's receipt of the report

13  from the Federal Bureau of Investigation. However, the person

14  may not continue to serve if the report indicates any

15  violation of background screening standards and a

16  disqualification exemption has not been requested of and

17  granted by the agency as set forth in chapter 435.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the

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 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         (g)  A license may not be granted to an applicant if

 6  the applicant or managing employee has been found guilty of,

 7  regardless of adjudication, or has entered a plea of nolo

 8  contendere or guilty to, any offense prohibited under the

 9  level 2 standards for screening set forth in chapter 435,

10  unless an exemption from disqualification has been granted by

11  the agency as set forth in chapter 435.

12         Section 60.  For the purpose of incorporating the

13  amendment to section 435.04, Florida Statutes, in references

14  thereto, subsections (1), (2), (3), (4), (6), and (8) of

15  section 395.0055, Florida Statutes, are reenacted to read:

16         395.0055  Background screening.--Each applicant for

17  licensure must comply with the following requirements:

18         (1)  Upon receipt of a completed, signed, and dated

19  application, the agency shall require background screening of

20  the managing employee in accordance with the level 2 standards

21  for screening set forth in chapter 435, as well as the

22  requirements of s. 435.03(3).

23         (2)  The agency may require background screening for a

24  member of the board of directors of the licensee, or an

25  officer or an individual owning 5 percent or more of the

26  licensee, if the agency has probable cause to believe that

27  such individual has been convicted of an offense prohibited

28  under the level 2 standards for screening set forth in chapter

29  435.

30         (3)  Proof of compliance with the level 2 background

31  screening requirements of chapter 435 which has been submitted

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 1  within the previous 5 years in compliance with any other

 2  health care licensure requirements of this state is acceptable

 3  in fulfillment of subsection (1).

 4         (4)  A provisional license may be granted to an

 5  applicant when each individual required by this section to

 6  undergo background screening has met the standards for the

 7  Department of Law Enforcement background check, but the agency

 8  has not yet received background screening results from the

 9  Federal Bureau of Investigation, or a request for a

10  disqualification exemption has been submitted to the agency as

11  set forth in chapter 435 but a response has not yet been

12  issued. A standard license may be granted to the applicant

13  upon the agency's receipt of a report of the results of the

14  Federal Bureau of Investigation background screening for each

15  individual required by this section to undergo background

16  screening which confirms that all standards have been met, or

17  upon the granting of a disqualification exemption by the

18  agency as set forth in chapter 435. Any other person who is

19  required to undergo level 2 background screening may serve in

20  his or her capacity pending the agency's receipt of the report

21  from the Federal Bureau of Investigation; however, the person

22  may not continue to serve if the report indicates any

23  violation of background screening standards and a

24  disqualification exemption has not been requested of and

25  granted by the agency as set forth in chapter 435.

26         (6)  Each applicant must submit to the agency a

27  description and explanation of any conviction of an offense

28  prohibited under the level 2 standards of chapter 435 by a

29  member of the board of directors of the applicant, its

30  officers, or any individual owning 5 percent or more of the

31  applicant.

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 1         (8)  A license may not be granted to an applicant if

 2  the applicant or managing employee has been found guilty of,

 3  regardless of adjudication, or has entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under the

 5  level 2 standards for screening set forth in chapter 435,

 6  unless an exemption from disqualification has been granted by

 7  the agency as set forth in chapter 435.

 8         Section 61.  For the purpose of incorporating the

 9  amendment to section 435.04, Florida Statutes, in references

10  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

11  subsection (4) of section 395.0199, Florida Statutes, are

12  reenacted to read:

13         395.0199  Private utilization review.--

14         (4)  Each applicant for registration must comply with

15  the following requirements:

16         (a)  Upon receipt of a completed, signed, and dated

17  application, the agency shall require background screening, in

18  accordance with the level 2 standards for screening set forth

19  in chapter 435, of the managing employee or other similarly

20  titled individual who is responsible for the operation of the

21  entity. The applicant must comply with the procedures for

22  level 2 background screening as set forth in chapter 435, as

23  well as the requirements of s. 435.03(3).

24         (b)  The agency may require background screening of any

25  other individual who is an applicant, if the agency has

26  probable cause to believe that he or she has been convicted of

27  a crime or has committed any other offense prohibited under

28  the level 2 standards for screening set forth in chapter 435.

29         (c)  Proof of compliance with the level 2 background

30  screening requirements of chapter 435 which has been submitted

31  within the previous 5 years in compliance with any other

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 1  health care licensure requirements of this state is acceptable

 2  in fulfillment of the requirements of paragraph (a).

 3         (d)  A provisional registration may be granted to an

 4  applicant when each individual required by this section to

 5  undergo background screening has met the standards for the

 6  Department of Law Enforcement background check, but the agency

 7  has not yet received background screening results from the

 8  Federal Bureau of Investigation, or a request for a

 9  disqualification exemption has been submitted to the agency as

10  set forth in chapter 435 but a response has not yet been

11  issued. A standard registration may be granted to the

12  applicant upon the agency's receipt of a report of the results

13  of the Federal Bureau of Investigation background screening

14  for each individual required by this section to undergo

15  background screening which confirms that all standards have

16  been met, or upon the granting of a disqualification exemption

17  by the agency as set forth in chapter 435. Any other person

18  who is required to undergo level 2 background screening may

19  serve in his or her capacity pending the agency's receipt of

20  the report from the Federal Bureau of Investigation. However,

21  the person may not continue to serve if the report indicates

22  any violation of background screening standards and a

23  disqualification exemption has not been requested of and

24  granted by the agency as set forth in chapter 435.

25         (f)  Each applicant must submit to the agency a

26  description and explanation of any conviction of an offense

27  prohibited under the level 2 standards of chapter 435 by a

28  member of the board of directors of the applicant, its

29  officers, or any individual owning 5 percent or more of the

30  applicant. This requirement does not apply to a director of a

31  not-for-profit corporation or organization if the director

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 1  serves solely in a voluntary capacity for the corporation or

 2  organization, does not regularly take part in the day-to-day

 3  operational decisions of the corporation or organization,

 4  receives no remuneration for his or her services on the

 5  corporation or organization's board of directors, and has no

 6  financial interest and has no family members with a financial

 7  interest in the corporation or organization, provided that the

 8  director and the not-for-profit corporation or organization

 9  include in the application a statement affirming that the

10  director's relationship to the corporation satisfies the

11  requirements of this paragraph.

12         (g)  A registration may not be granted to an applicant

13  if the applicant or managing employee has been found guilty

14  of, regardless of adjudication, or has entered a plea of nolo

15  contendere or guilty to, any offense prohibited under the

16  level 2 standards for screening set forth in chapter 435,

17  unless an exemption from disqualification has been granted by

18  the agency as set forth in chapter 435.

19         Section 62.  For the purpose of incorporating the

20  amendment to section 435.04, Florida Statutes, in references

21  thereto, paragraph (a) of subsection (1) of section 397.451,

22  Florida Statutes, is reenacted to read:

23         397.451  Background checks of service provider

24  personnel.--

25         (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND

26  EXCEPTIONS.--

27         (a)  Background checks shall apply as follows:

28         1.  All owners, directors, and chief financial officers

29  of service providers are subject to level 2 background

30  screening as provided under chapter 435.

31  

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 1         2.  All service provider personnel who have direct

 2  contact with children receiving services or with adults who

 3  are developmentally disabled receiving services are subject to

 4  level 2 background screening as provided under chapter 435.

 5         Section 63.  For the purpose of incorporating the

 6  amendment to section 435.04, Florida Statutes, in references

 7  thereto, paragraphs (a), (b), (c), (d), and (f) of subsection

 8  (4) of section 400.071, Florida Statutes, are reenacted to

 9  read:

10         400.071  Application for license.--

11         (4)  Each applicant for licensure must comply with the

12  following requirements:

13         (a)  Upon receipt of a completed, signed, and dated

14  application, the agency shall require background screening of

15  the applicant, in accordance with the level 2 standards for

16  screening set forth in chapter 435. As used in this

17  subsection, the term "applicant" means the facility

18  administrator, or similarly titled individual who is

19  responsible for the day-to-day operation of the licensed

20  facility, and the facility financial officer, or similarly

21  titled individual who is responsible for the financial

22  operation of the licensed facility.

23         (b)  The agency may require background screening for a

24  member of the board of directors of the licensee or an officer

25  or an individual owning 5 percent or more of the licensee if

26  the agency has probable cause to believe that such individual

27  has been convicted of an offense prohibited under the level 2

28  standards for screening set forth in chapter 435.

29         (c)  Proof of compliance with the level 2 background

30  screening requirements of chapter 435 which has been submitted

31  within the previous 5 years in compliance with any other

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 1  health care or assisted living licensure requirements of this

 2  state is acceptable in fulfillment of paragraph (a). Proof of

 3  compliance with background screening which has been submitted

 4  within the previous 5 years to fulfill the requirements of the

 5  Financial Services Commission and the Office of Insurance

 6  Regulation pursuant to chapter 651 as part of an application

 7  for a certificate of authority to operate a continuing care

 8  retirement community is acceptable in fulfillment of the

 9  Department of Law Enforcement and Federal Bureau of

10  Investigation background check.

11         (d)  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  Department of Law Enforcement background check, but the agency

15  has not yet received background screening results from the

16  Federal Bureau of Investigation, or a request for a

17  disqualification exemption has been submitted to the agency as

18  set forth in chapter 435, but a response has not yet been

19  issued. A license may be granted to the applicant upon the

20  agency's receipt of a report of the results of the Federal

21  Bureau of Investigation background screening for each

22  individual required by this section to undergo background

23  screening which confirms that all standards have been met, or

24  upon the granting of a disqualification exemption by the

25  agency as set forth in chapter 435. Any other person who is

26  required to undergo level 2 background screening may serve in

27  his or her capacity pending the agency's receipt of the report

28  from the Federal Bureau of Investigation; however, the person

29  may not continue to serve if the report indicates any

30  violation of background screening standards and a

31  

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 1  disqualification exemption has not been requested of and

 2  granted by the agency as set forth in chapter 435.

 3         (f)  Each applicant must submit to the agency a

 4  description and explanation of any conviction of an offense

 5  prohibited under the level 2 standards of chapter 435 by a

 6  member of the board of directors of the applicant, its

 7  officers, or any individual owning 5 percent or more of the

 8  applicant. This requirement shall not apply to a director of a

 9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         Section 64.  For the purpose of incorporating the

22  amendment to section 435.04, Florida Statutes, in references

23  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

24  subsection (4) of section 400.471, Florida Statutes, are

25  reenacted to read:

26         400.471  Application for license; fee; provisional

27  license; temporary permit.--

28         (4)  Each applicant for licensure must comply with the

29  following requirements:

30         (a)  Upon receipt of a completed, signed, and dated

31  application, the agency shall require background screening of

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 1  the applicant, in accordance with the level 2 standards for

 2  screening set forth in chapter 435. As used in this

 3  subsection, the term "applicant" means the administrator, or a

 4  similarly titled person who is responsible for the day-to-day

 5  operation of the licensed home health agency, and the

 6  financial officer, or similarly titled individual who is

 7  responsible for the financial operation of the licensed home

 8  health agency.

 9         (b)  The agency may require background screening for a

10  member of the board of directors of the licensee or an officer

11  or an individual owning 5 percent or more of the licensee if

12  the agency reasonably suspects that such individual has been

13  convicted of an offense prohibited under the level 2 standards

14  for screening set forth in chapter 435.

15         (c)  Proof of compliance with the level 2 background

16  screening requirements of chapter 435 which has been submitted

17  within the previous 5 years in compliance with any other

18  health care or assisted living licensure requirements of this

19  state is acceptable in fulfillment of paragraph (a). Proof of

20  compliance with background screening which has been submitted

21  within the previous 5 years to fulfill the requirements of the

22  Financial Services Commission and the Office of Insurance

23  Regulation pursuant to chapter 651 as part of an application

24  for a certificate of authority to operate a continuing care

25  retirement community is acceptable in fulfillment of the

26  Department of Law Enforcement and Federal Bureau of

27  Investigation background check.

28         (d)  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  Department of Law Enforcement background check, but the agency

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 1  has not yet received background screening results from the

 2  Federal Bureau of Investigation. A standard license may be

 3  granted to the licensee upon the agency's receipt of a report

 4  of the results of the Federal Bureau of Investigation

 5  background screening for each individual required by this

 6  section to undergo background screening which confirms that

 7  all standards have been met, or upon the granting of a

 8  disqualification exemption by the agency as set forth in

 9  chapter 435. Any other person who is required to undergo level

10  2 background screening may serve in his or her capacity

11  pending the agency's receipt of the report from the Federal

12  Bureau of Investigation. However, the person may not continue

13  to serve if the report indicates any violation of background

14  screening standards and a disqualification exemption has not

15  been requested of and granted by the agency as set forth in

16  chapter 435.

17         (f)  Each applicant must submit to the agency a

18  description and explanation of any conviction of an offense

19  prohibited under the level 2 standards of chapter 435 by a

20  member of the board of directors of the applicant, its

21  officers, or any individual owning 5 percent or more of the

22  applicant. This requirement does not apply to a director of a

23  not-for-profit corporation or organization if the director

24  serves solely in a voluntary capacity for the corporation or

25  organization, does not regularly take part in the day-to-day

26  operational decisions of the corporation or organization,

27  receives no remuneration for his or her services on the

28  corporation or organization's board of directors, and has no

29  financial interest and has no family members with a financial

30  interest in the corporation or organization, provided that the

31  director and the not-for-profit corporation or organization

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 1  include in the application a statement affirming that the

 2  director's relationship to the corporation satisfies the

 3  requirements of this paragraph.

 4         (g)  A license may not be granted to an applicant if

 5  the applicant, administrator, or financial officer has been

 6  found guilty of, regardless of adjudication, or has entered a

 7  plea of nolo contendere or guilty to, any offense prohibited

 8  under the level 2 standards for screening set forth in chapter

 9  435, unless an exemption from disqualification has been

10  granted by the agency as set forth in chapter 435.

11         Section 65.  For the purpose of incorporating the

12  amendment to section 435.04, Florida Statutes, in references

13  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

14  subsection (2) of section 400.506, Florida Statutes, are

15  reenacted to read:

16         400.506  Licensure of nurse registries; requirements;

17  penalties.--

18         (2)  Each applicant for licensure must comply with the

19  following requirements:

20         (a)  Upon receipt of a completed, signed, and dated

21  application, the agency shall require background screening, in

22  accordance with the level 2 standards for screening set forth

23  in chapter 435, of the managing employee, or other similarly

24  titled individual who is responsible for the daily operation

25  of the nurse registry, and of the financial officer, or other

26  similarly titled individual who is responsible for the

27  financial operation of the registry, including billings for

28  patient care and services. The applicant shall comply with the

29  procedures for level 2 background screening as set forth in

30  chapter 435.

31  

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 1         (b)  The agency may require background screening of any

 2  other individual who is an applicant if the agency has

 3  probable cause to believe that he or she has been convicted of

 4  a crime or has committed any other offense prohibited under

 5  the level 2 standards for screening set forth in chapter 435.

 6         (c)  Proof of compliance with the level 2 background

 7  screening requirements of chapter 435 which has been submitted

 8  within the previous 5 years in compliance with any other

 9  health care or assisted living licensure requirements of this

10  state is acceptable in fulfillment of the requirements of

11  paragraph (a).

12         (d)  A provisional license may be granted to an

13  applicant when each individual required by this section to

14  undergo background screening has met the standards for the

15  Department of Law Enforcement background check but the agency

16  has not yet received background screening results from the

17  Federal Bureau of Investigation. A standard license may be

18  granted to the applicant upon the agency's receipt of a report

19  of the results of the Federal Bureau of Investigation

20  background screening for each individual required by this

21  section to undergo background screening which confirms that

22  all standards have been met, or upon the granting of a

23  disqualification exemption by the agency as set forth in

24  chapter 435. Any other person who is required to undergo level

25  2 background screening may serve in his or her capacity

26  pending the agency's receipt of the report from the Federal

27  Bureau of Investigation. However, the person may not continue

28  to serve if the report indicates any violation of background

29  screening standards and a disqualification exemption has not

30  been requested of and granted by the agency as set forth in

31  chapter 435.

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 1         (f)  Each applicant must submit to the agency a

 2  description and explanation of any conviction of an offense

 3  prohibited under the level 2 standards of chapter 435 by a

 4  member of the board of directors of the applicant, its

 5  officers, or any individual owning 5 percent or more of the

 6  applicant. This requirement does not apply to a director of a

 7  not-for-profit corporation or organization if the director

 8  serves solely in a voluntary capacity for the corporation or

 9  organization, does not regularly take part in the day-to-day

10  operational decisions of the corporation or organization,

11  receives no remuneration for his or her services on the

12  corporation or organization's board of directors, and has no

13  financial interest and has no family members with a financial

14  interest in the corporation or organization, provided that the

15  director and the not-for-profit corporation or organization

16  include in the application a statement affirming that the

17  director's relationship to the corporation satisfies the

18  requirements of this paragraph.

19         (g)  A license may not be granted to an applicant if

20  the applicant or managing employee has been found guilty of,

21  regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         Section 66.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, section 400.5572, Florida Statutes, is reenacted to

29  read:

30         400.5572  Background screening.--

31  

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 1         (1)(a)  Level 2 background screening must be conducted

 2  on each of the following persons, who shall be considered

 3  employees for the purposes of conducting screening under

 4  chapter 435:

 5         1.  The adult day care center owner if an individual,

 6  the operator, and the financial officer.

 7         2.  An officer or board member if the owner of the

 8  adult day care center is a firm, corporation, partnership, or

 9  association, or any person owning 5 percent or more of the

10  facility, if the agency has probable cause to believe that

11  such person has been convicted of any offense prohibited by s.

12  435.04. For each officer, board member, or person owning 5

13  percent or more who has been convicted of any such offense,

14  the facility shall submit to the agency a description and

15  explanation of the conviction at the time of license

16  application. This subparagraph does not apply to a board

17  member of a not-for-profit corporation or organization if the

18  board member serves solely in a voluntary capacity, does not

19  regularly take part in the day-to-day operational decisions of

20  the corporation or organization, receives no remuneration for

21  his or her services, and has no financial interest and has no

22  family members with a financial interest in the corporation or

23  organization, provided that the board member and facility

24  submit a statement affirming that the board member's

25  relationship to the facility satisfies the requirements of

26  this subparagraph.

27         (b)  Proof of compliance with level 2 screening

28  standards which has been submitted within the previous 5 years

29  to meet any facility or professional licensure requirements of

30  the agency or the Department of Health satisfies the

31  requirements of this subsection.

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 1         (c)  The agency may grant a provisional license to an

 2  adult day care center applying for an initial license when

 3  each individual required by this subsection to undergo

 4  screening has completed the Department of Law Enforcement

 5  background check, but has not yet received results from the

 6  Federal Bureau of Investigation, or when a request for an

 7  exemption from disqualification has been submitted to the

 8  agency pursuant to s. 435.07, but a response has not been

 9  issued.

10         (2)  The owner or administrator of an adult day care

11  center must conduct level 1 background screening as set forth

12  in chapter 435 on all employees hired on or after October 1,

13  1998, who provide basic services or supportive and optional

14  services to the participants. Such persons satisfy this

15  requirement if:

16         (a)  Proof of compliance with level 1 screening

17  requirements obtained to meet any professional license

18  requirements in this state is provided and accompanied, under

19  penalty of perjury, by a copy of the person's current

20  professional license and an affidavit of current compliance

21  with the background screening requirements.

22         (b)  The person required to be screened has been

23  continuously employed, without a breach in service that

24  exceeds 180 days, in the same type of occupation for which the

25  person is seeking employment and provides proof of compliance

26  with the level 1 screening requirement which is no more than 2

27  years old. Proof of compliance must be provided directly from

28  one employer or contractor to another, and not from the person

29  screened. Upon request, a copy of screening results shall be

30  provided to the person screened by the employer retaining

31  documentation of the screening.

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 1         (c)  The person required to be screened is employed by

 2  a corporation or business entity or related corporation or

 3  business entity that owns, operates, or manages more than one

 4  facility or agency licensed under this chapter, and for whom a

 5  level 1 screening was conducted by the corporation or business

 6  entity as a condition of initial or continued employment.

 7         Section 67.  For the purpose of incorporating the

 8  amendment to section 435.04, Florida Statutes, in references

 9  thereto, paragraph (a) of subsection (3) of section 400.607,

10  Florida Statutes, is reenacted to read:

11         400.607  Denial, suspension, or revocation of license;

12  imposition of administrative fine; grounds; injunctions.--

13         (3)  The agency may deny or revoke a license upon a

14  determination that:

15         (a)  Persons subject to level 2 background screening

16  under s. 400.6065 do not meet the screening standards of s.

17  435.04, and exemptions from disqualification have not been

18  provided by the agency.

19         Section 68.  For the purpose of incorporating the

20  amendment to section 435.04, Florida Statutes, in references

21  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

22  subsection (4) of section 400.801, Florida Statutes, are

23  reenacted to read:

24         400.801  Homes for special services.--

25         (4)  Each applicant for licensure must comply with the

26  following requirements:

27         (a)  Upon receipt of a completed, signed, and dated

28  application, the agency shall require background screening, in

29  accordance with the level 2 standards for screening set forth

30  in chapter 435, of the managing employee, or other similarly

31  titled individual who is responsible for the daily operation

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 1  of the facility, and of the financial officer, or other

 2  similarly titled individual who is responsible for the

 3  financial operation of the facility, including billings for

 4  client care and services, in accordance with the level 2

 5  standards for screening set forth in chapter 435. The

 6  applicant must comply with the procedures for level 2

 7  background screening as set forth in chapter 435.

 8         (b)  The agency may require background screening of any

 9  other individual who is an applicant if the agency has

10  probable cause to believe that he or she has been convicted of

11  a crime or has committed any other offense prohibited under

12  the level 2 standards for screening set forth in chapter 435.

13         (c)  Proof of compliance with the level 2 background

14  screening requirements of chapter 435 which has been submitted

15  within the previous 5 years in compliance with any other

16  health care or assisted living licensure requirements of this

17  state is acceptable in fulfillment of the requirements of

18  paragraph (a).

19         (d)  A provisional license may be granted to an

20  applicant when each individual required by this section to

21  undergo background screening has met the standards for the

22  Department of Law Enforcement background check, but the agency

23  has not yet received background screening results from the

24  Federal Bureau of Investigation, or a request for a

25  disqualification exemption has been submitted to the agency as

26  set forth in chapter 435, but a response has not yet been

27  issued. A standard license may be granted to the applicant

28  upon the agency's receipt of a report of the results of the

29  Federal Bureau of Investigation background screening for each

30  individual required by this section to undergo background

31  screening which confirms that all standards have been met, or

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 1  upon the granting of a disqualification exemption by the

 2  agency as set forth in chapter 435. Any other person who is

 3  required to undergo level 2 background screening may serve in

 4  his or her capacity pending the agency's receipt of the report

 5  from the Federal Bureau of Investigation. However, the person

 6  may not continue to serve if the report indicates any

 7  violation of background screening standards and a

 8  disqualification exemption has not been requested of and

 9  granted by the agency as set forth in chapter 435.

10         (f)  Each applicant must submit to the agency a

11  description and explanation of any conviction of an offense

12  prohibited under the level 2 standards of chapter 435 by a

13  member of the board of directors of the applicant, its

14  officers, or any individual owning 5 percent or more of the

15  applicant. This requirement does not apply to a director of a

16  not-for-profit corporation or organization if the director

17  serves solely in a voluntary capacity for the corporation or

18  organization, does not regularly take part in the day-to-day

19  operational decisions of the corporation or organization,

20  receives no remuneration for his or her services on the

21  corporation or organization's board of directors, and has no

22  financial interest and has no family members with a financial

23  interest in the corporation or organization, provided that the

24  director and the not-for-profit corporation or organization

25  include in the application a statement affirming that the

26  director's relationship to the corporation satisfies the

27  requirements of this paragraph.

28         (g)  A license may not be granted to an applicant if

29  the applicant or managing employee has been found guilty of,

30  regardless of adjudication, or has entered a plea of nolo

31  contendere or guilty to, any offense prohibited under the

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 1  level 2 standards for screening set forth in chapter 435,

 2  unless an exemption from disqualification has been granted by

 3  the agency as set forth in chapter 435.

 4         Section 69.  For the purpose of incorporating the

 5  amendment to section 435.04, Florida Statutes, in references

 6  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

 7  subsection (3) of section 400.805, Florida Statutes, are

 8  reenacted to read:

 9         400.805  Transitional living facilities.--

10         (3)  Each applicant for licensure must comply with the

11  following requirements:

12         (a)  Upon receipt of a completed, signed, and dated

13  application, the agency shall require background screening, in

14  accordance with the level 2 standards for screening set forth

15  in chapter 435, of the managing employee, or other similarly

16  titled individual who is responsible for the daily operation

17  of the facility, and of the financial officer, or other

18  similarly titled individual who is responsible for the

19  financial operation of the facility, including billings for

20  client care and services. The applicant must comply with the

21  procedures for level 2 background screening as set forth in

22  chapter 435.

23         (b)  The agency may require background screening of any

24  other individual who is an applicant if the agency has

25  probable cause to believe that he or she has been convicted of

26  a crime or has committed any other offense prohibited under

27  the level 2 standards for screening set forth in chapter 435.

28         (c)  Proof of compliance with the level 2 background

29  screening requirements of chapter 435 which has been submitted

30  within the previous 5 years in compliance with any other

31  health care or assisted living licensure requirements of this

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 1  state is acceptable in fulfillment of the requirements of

 2  paragraph (a).

 3         (d)  A provisional license may be granted to an

 4  applicant when each individual required by this section to

 5  undergo background screening has met the standards for the

 6  Department of Law Enforcement background check, but the agency

 7  has not yet received background screening results from the

 8  Federal Bureau of Investigation, or a request for a

 9  disqualification exemption has been submitted to the agency as

10  set forth in chapter 435, but a response has not yet been

11  issued. A standard license may be granted to the applicant

12  upon the agency's receipt of a report of the results of the

13  Federal Bureau of Investigation background screening for each

14  individual required by this section to undergo background

15  screening which confirms that all standards have been met, or

16  upon the granting of a disqualification exemption by the

17  agency as set forth in chapter 435. Any other person who is

18  required to undergo level 2 background screening may serve in

19  his or her capacity pending the agency's receipt of the report

20  from the Federal Bureau of Investigation. However, the person

21  may not continue to serve if the report indicates any

22  violation of background screening standards and a

23  disqualification exemption has not been requested of and

24  granted by the agency as set forth in chapter 435.

25         (f)  Each applicant must submit to the agency a

26  description and explanation of any conviction of an offense

27  prohibited under the level 2 standards of chapter 435 by a

28  member of the board of directors of the applicant, its

29  officers, or any individual owning 5 percent or more of the

30  applicant. This requirement does not apply to a director of a

31  not-for-profit corporation or organization if the director

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 1  serves solely in a voluntary capacity for the corporation or

 2  organization, does not regularly take part in the day-to-day

 3  operational decisions of the corporation or organization,

 4  receives no remuneration for his or her services on the

 5  corporation or organization's board of directors, and has no

 6  financial interest and has no family members with a financial

 7  interest in the corporation or organization, provided that the

 8  director and the not-for-profit corporation or organization

 9  include in the application a statement affirming that the

10  director's relationship to the corporation satisfies the

11  requirements of this paragraph.

12         (g)  A license may not be granted to an applicant if

13  the applicant or managing employee has been found guilty of,

14  regardless of adjudication, or has entered a plea of nolo

15  contendere or guilty to, any offense prohibited under the

16  level 2 standards for screening set forth in chapter 435,

17  unless an exemption from disqualification has been granted by

18  the agency as set forth in chapter 435.

19         Section 70.  For the purpose of incorporating the

20  amendment to section 435.04, Florida Statutes, in references

21  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

22  subsection (5) of section 400.906, Florida Statutes, are

23  reenacted to read:

24         400.906  Initial application for license.--

25         (5)  Each applicant for licensure must comply with the

26  following requirements:

27         (a)  Upon receipt of a completed, signed, and dated

28  application, the agency shall require background screening, in

29  accordance with the level 2 standards for screening set forth

30  in chapter 435, of the operator, and of the financial officer,

31  or other similarly titled individual who is responsible for

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 1  the financial operation of the center, including billings for

 2  patient care and services. The applicant must comply with the

 3  procedures for level 2 background screening as set forth in

 4  chapter 435, as well as the requirements of s. 435.03(3).

 5         (b)  The agency may require background screening of any

 6  other individual who is an applicant if the agency has a

 7  reasonable basis for believing that he or she has been

 8  convicted of a crime or has committed any other offense

 9  prohibited under the level 2 standards for screening set forth

10  in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  health care licensure requirements of this state is acceptable

15  in fulfillment of the requirements of paragraph (a).

16         (d)  A provisional license may be granted to an

17  applicant when each individual required by this section to

18  undergo background screening has met the standards for the

19  Department of Law Enforcement background check, but the agency

20  has not yet received background screening results from the

21  Federal Bureau of Investigation, or a request for a

22  disqualification exemption has been submitted to the agency as

23  set forth in chapter 435, but a response has not yet been

24  issued. A standard license may be granted to the applicant

25  upon the agency's receipt of a report of the results of the

26  Federal Bureau of Investigation background screening for each

27  individual required by this section to undergo background

28  screening which confirms that all standards have been met, or

29  upon the granting of a disqualification exemption by the

30  agency as set forth in chapter 435. Any other person who is

31  required to undergo level 2 background screening may serve in

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 1  his or her capacity pending the agency's receipt of the report

 2  from the Federal Bureau of Investigation. However, the person

 3  may not continue to serve if the report indicates any

 4  violation of background screening standards and a

 5  disqualification exemption has not been requested of and

 6  granted by the agency as set forth in chapter 435.

 7         (f)  Each applicant must submit to the agency a

 8  description and explanation of any conviction of an offense

 9  prohibited under the level 2 standards of chapter 435 by a

10  member of the board of directors of the applicant, its

11  officers, or any individual owning 5 percent or more of the

12  applicant. This requirement does not apply to a director of a

13  not-for-profit corporation or organization if the director

14  serves solely in a voluntary capacity for the corporation or

15  organization, does not regularly take part in the day-to-day

16  operational decisions of the corporation or organization,

17  receives no remuneration for his or her services on the

18  corporation or organization's board of directors, and has no

19  financial interest and has no family members with a financial

20  interest in the corporation or organization, provided that the

21  director and the not-for-profit corporation or organization

22  include in the application a statement affirming that the

23  director's relationship to the corporation satisfies the

24  requirements of this paragraph.

25         (g)  A license may not be granted to an applicant if

26  the applicant or managing employee has been found guilty of,

27  regardless of adjudication, or has entered a plea of nolo

28  contendere or guilty to, any offense prohibited under the

29  level 2 standards for screening set forth in chapter 435,

30  unless an exemption from disqualification has been granted by

31  the agency as set forth in chapter 435.

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 1         Section 71.  For the purpose of incorporating the

 2  amendment to section 435.04, Florida Statutes, in references

 3  thereto, paragraphs (a), (b), (c), (e), and (f) of subsection

 4  (5) of section 400.931, Florida Statutes, are reenacted to

 5  read:

 6         400.931  Application for license; fee; provisional

 7  license; temporary permit.--

 8         (5)  Each applicant for licensure must comply with the

 9  following requirements:

10         (a)  Upon receipt of a completed, signed, and dated

11  application, the agency shall require background screening of

12  the applicant, in accordance with the level 2 standards for

13  screening set forth in chapter 435. As used in this

14  subsection, the term "applicant" means the general manager and

15  the financial officer or similarly titled individual who is

16  responsible for the financial operation of the licensed

17  facility.

18         (b)  The agency may require background screening for a

19  member of the board of directors of the licensee or an officer

20  or an individual owning 5 percent or more of the licensee if

21  the agency has probable cause to believe that such individual

22  has been convicted of an offense prohibited under the level 2

23  standards for screening set forth in chapter 435.

24         (c)  Proof of compliance with the level 2 background

25  screening requirements of chapter 435 which has been submitted

26  within the previous 5 years in compliance with any other

27  health care licensure requirements of this state is acceptable

28  in fulfillment of paragraph (a).

29         (e)  Each applicant must submit to the agency a

30  description and explanation of any conviction of an offense

31  prohibited under the level 2 standards of chapter 435 by a

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 1  member of the board of directors of the applicant, its

 2  officers, or any individual owning 5 percent or more of the

 3  applicant. This requirement does not apply to a director of a

 4  not-for-profit corporation or organization if the director

 5  serves solely in a voluntary capacity for the corporation or

 6  organization, does not regularly take part in the day-to-day

 7  operational decisions of the corporation or organization,

 8  receives no remuneration for his or her services on the

 9  corporation's or organization's board of directors, and has no

10  financial interest and has no family members with a financial

11  interest in the corporation or organization, provided that the

12  director and the not-for-profit corporation or organization

13  include in the application a statement affirming that the

14  director's relationship to the corporation satisfies the

15  requirements of this provision.

16         (f)  A license may not be granted to any potential

17  licensee if any applicant, administrator, or financial officer

18  has been found guilty of, regardless of adjudication, or has

19  entered a plea of nolo contendere or guilty to, any offense

20  prohibited under the level 2 standards for screening set forth

21  in chapter 435, unless an exemption from disqualification has

22  been granted by the agency as set forth in chapter 435.

23         Section 72.  For the purpose of incorporating the

24  amendment to section 435.04, Florida Statutes, in references

25  thereto, paragraphs (a), (b), (c), (d), and (f) of subsection

26  (10) of section 400.962, Florida Statutes, are reenacted to

27  read:

28         400.962  License required; license application.--

29         (10)(a)  Upon receipt of a completed, signed, and dated

30  application, the agency shall require background screening of

31  the applicant, in accordance with the level 2 standards for

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 1  screening set forth in chapter 435. As used in this

 2  subsection, the term "applicant" means the facility

 3  administrator, or similarly titled individual who is

 4  responsible for the day-to-day operation of the licensed

 5  facility, and the facility financial officer, or similarly

 6  titled individual who is responsible for the financial

 7  operation of the licensed facility.

 8         (b)  The agency may require background screening for a

 9  member of the board of directors of the licensee or an officer

10  or an individual owning 5 percent or more of the licensee if

11  the agency has probable cause to believe that such individual

12  has been convicted of an offense prohibited under the level 2

13  standards for screening set forth in chapter 435.

14         (c)  Proof of compliance with the level 2 background

15  screening requirements of chapter 435 which has been submitted

16  within the previous 5 years in compliance with any other

17  licensure requirements under this chapter satisfies the

18  requirements of paragraph (a). Proof of compliance with

19  background screening which has been submitted within the

20  previous 5 years to fulfill the requirements of the Financial

21  Services Commission and the Office of Insurance Regulation

22  under chapter 651 as part of an application for a certificate

23  of authority to operate a continuing care retirement community

24  satisfies the requirements for the Department of Law

25  Enforcement and Federal Bureau of Investigation background

26  checks.

27         (d)  A provisional license may be granted to an

28  applicant when each individual required by this section to

29  undergo background screening has met the standards for the

30  Department of Law Enforcement background check, but the agency

31  has not yet received background screening results from the

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 1  Federal Bureau of Investigation, or a request for a

 2  disqualification exemption has been submitted to the agency as

 3  set forth in chapter 435, but a response has not yet been

 4  issued. A license may be granted to the applicant upon the

 5  agency's receipt of a report of the results of the Federal

 6  Bureau of Investigation background screening for each

 7  individual required by this section to undergo background

 8  screening which confirms that all standards have been met, or

 9  upon the granting of a disqualification exemption by the

10  agency as set forth in chapter 435. Any other person who is

11  required to undergo level 2 background screening may serve in

12  his or her capacity pending the agency's receipt of the report

13  from the Federal Bureau of Investigation; however, the person

14  may not continue to serve if the report indicates any

15  violation of background screening standards and a

16  disqualification exemption has not been granted by the agency

17  as set forth in chapter 435.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation's or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the

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 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         Section 73.  For the purpose of incorporating the

 6  amendment to section 435.04, Florida Statutes, in references

 7  thereto, paragraphs (b) and (d) of subsection (7) of section

 8  400.991, Florida Statutes, are reenacted to read:

 9         400.991  License requirements; background screenings;

10  prohibitions.--

11         (7)  Each applicant for licensure shall comply with the

12  following requirements:

13         (b)  Upon receipt of a completed, signed, and dated

14  application, the agency shall require background screening of

15  the applicant, in accordance with the level 2 standards for

16  screening set forth in chapter 435. Proof of compliance with

17  the level 2 background screening requirements of chapter 435

18  which has been submitted within the previous 5 years in

19  compliance with any other health care licensure requirements

20  of this state is acceptable in fulfillment of this paragraph.

21         (d)  A license may not be granted to a clinic if the

22  applicant has been found guilty of, regardless of

23  adjudication, or has entered a plea of nolo contendere or

24  guilty to, any offense prohibited under the level 2 standards

25  for screening set forth in chapter 435, or a violation of

26  insurance fraud under s. 817.234, within the past 5 years. If

27  the applicant has been convicted of an offense prohibited

28  under the level 2 standards or insurance fraud in any

29  jurisdiction, the applicant must show that his or her civil

30  rights have been restored prior to submitting an application.

31  

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 1         Section 74.  For the purpose of incorporating the

 2  amendment to section 435.04, Florida Statutes, in references

 3  thereto, paragraph (e) of subsection (2) of section 402.302,

 4  Florida Statutes, is reenacted to read:

 5         402.302  Definitions.--

 6         (2)  "Child care facility" includes any child care

 7  center or child care arrangement which provides child care for

 8  more than five children unrelated to the operator and which

 9  receives a payment, fee, or grant for any of the children

10  receiving care, wherever operated, and whether or not operated

11  for profit. The following are not included:

12         (e)  Operators of transient establishments, as defined

13  in chapter 509, which provide child care services solely for

14  the guests of their establishment or resort, provided that all

15  child care personnel of the establishment are screened

16  according to the level 2 screening requirements of chapter

17  435.

18         Section 75.  For the purpose of incorporating the

19  amendment to section 435.04, Florida Statutes, in references

20  thereto, paragraph (a) of subsection (2) of section 402.305,

21  Florida Statutes, is reenacted to read:

22         402.305  Licensing standards; child care facilities.--

23         (2)  PERSONNEL.--Minimum standards for child care

24  personnel shall include minimum requirements as to:

25         (a)  Good moral character based upon screening. This

26  screening shall be conducted as provided in chapter 435, using

27  the level 2 standards for screening set forth in that chapter.

28         Section 76.  For the purpose of incorporating the

29  amendment to section 435.04, Florida Statutes, in references

30  thereto, subsection (3) of section 402.3054, Florida Statutes,

31  is reenacted to read:

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 1         402.3054  Child enrichment service providers.--

 2         (3)  A child enrichment service provider shall be of

 3  good moral character based upon screening. This screening

 4  shall be conducted as provided in chapter 435, using the level

 5  2 standards for screening set forth in that chapter. A child

 6  enrichment service provider must meet the screening

 7  requirements prior to providing services to a child in a child

 8  care facility. A child enrichment service provider who has met

 9  the screening standards shall not be required to be under the

10  direct and constant supervision of child care personnel.

11         Section 77.  For the purpose of incorporating the

12  amendment to section 435.04, Florida Statutes, in references

13  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

14  subsection (2) of section 483.30, Florida Statutes, are

15  reenacted to read:

16         483.30  Licensing of centers.--

17         (2)  Each applicant for licensure must comply with the

18  following requirements:

19         (a)  Upon receipt of a completed, signed, and dated

20  application, the agency shall require background screening, in

21  accordance with the level 2 standards for screening set forth

22  in chapter 435, of the managing employee, or other similarly

23  titled individual who is responsible for the daily operation

24  of the center, and of the financial officer, or other

25  similarly titled individual who is responsible for the

26  financial operation of the center, including billings for

27  patient services. The applicant must comply with the

28  procedures for level 2 background screening as set forth in

29  chapter 435, as well as the requirements of s. 435.03(3).

30         (b)  The agency may require background screening of any

31  other individual who is an applicant if the agency has

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 1  probable cause to believe that he or she has been convicted of

 2  a crime or has committed any other offense prohibited under

 3  the level 2 standards for screening set forth in chapter 435.

 4         (c)  Proof of compliance with the level 2 background

 5  screening requirements of chapter 435 which has been submitted

 6  within the previous 5 years in compliance with any other

 7  health care licensure requirements of this state is acceptable

 8  in fulfillment of the requirements of paragraph (a).

 9         (d)  A provisional license may be granted to an

10  applicant when each individual required by this section to

11  undergo background screening has met the standards for the

12  Department of Law Enforcement background check, but the agency

13  has not yet received background screening results from the

14  Federal Bureau of Investigation, or a request for a

15  disqualification exemption has been submitted to the agency as

16  set forth in chapter 435 but a response has not yet been

17  issued. A license may be granted to the applicant upon the

18  agency's receipt of a report of the results of the Federal

19  Bureau of Investigation background screening for each

20  individual required by this section to undergo background

21  screening which confirms that all standards have been met, or

22  upon the granting of a disqualification exemption by the

23  agency as set forth in chapter 435. Any other person who is

24  required to undergo level 2 background screening may serve in

25  his or her capacity pending the agency's receipt of the report

26  from the Federal Bureau of Investigation. However, the person

27  may not continue to serve if the report indicates any

28  violation of background screening standards and a

29  disqualification exemption has not been requested of and

30  granted by the agency as set forth in chapter 435.

31  

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 1         (f)  Each applicant must submit to the agency a

 2  description and explanation of any conviction of an offense

 3  prohibited under the level 2 standards of chapter 435 by a

 4  member of the board of directors of the applicant, its

 5  officers, or any individual owning 5 percent or more of the

 6  applicant. This requirement does not apply to a director of a

 7  not-for-profit corporation or organization if the director

 8  serves solely in a voluntary capacity for the corporation or

 9  organization, does not regularly take part in the day-to-day

10  operational decisions of the corporation or organization,

11  receives no remuneration for his or her services on the

12  corporation or organization's board of directors, and has no

13  financial interest and has no family members with a financial

14  interest in the corporation or organization, provided that the

15  director and the not-for-profit corporation or organization

16  include in the application a statement affirming that the

17  director's relationship to the corporation satisfies the

18  requirements of this paragraph.

19         (g)  A license may not be granted to an applicant if

20  the applicant or managing employee has been found guilty of,

21  regardless of adjudication, or has entered a plea of nolo

22  contendere or guilty to, any offense prohibited under the

23  level 2 standards for screening set forth in chapter 435,

24  unless an exemption from disqualification has been granted by

25  the agency as set forth in chapter 435.

26         Section 78.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, paragraphs (a), (b), (c), (d), (f), and (g) of

29  subsection (2) of section 483.101, Florida Statutes, are

30  reenacted to read:

31         483.101  Application for clinical laboratory license.--

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 1         (2)  Each applicant for licensure must comply with the

 2  following requirements:

 3         (a)  Upon receipt of a completed, signed, and dated

 4  application, the agency shall require background screening, in

 5  accordance with the level 2 standards for screening set forth

 6  in chapter 435, of the managing director or other similarly

 7  titled individual who is responsible for the daily operation

 8  of the laboratory and of the financial officer, or other

 9  similarly titled individual who is responsible for the

10  financial operation of the laboratory, including billings for

11  patient services. The applicant must comply with the

12  procedures for level 2 background screening as set forth in

13  chapter 435, as well as the requirements of s. 435.03(3).

14         (b)  The agency may require background screening of any

15  other individual who is an applicant if the agency has

16  probable cause to believe that he or she has been convicted of

17  a crime or has committed any other offense prohibited under

18  the level 2 standards for screening set forth in chapter 435.

19         (c)  Proof of compliance with the level 2 background

20  screening requirements of chapter 435 which has been submitted

21  within the previous 5 years in compliance with any other

22  health care licensure requirements of this state is acceptable

23  in fulfillment of the requirements of paragraph (a).

24         (d)  A provisional license may be granted to an

25  applicant when each individual required by this section to

26  undergo background screening has met the standards for the

27  Department of Law Enforcement background check but the agency

28  has not yet received background screening results from the

29  Federal Bureau of Investigation, or a request for a

30  disqualification exemption has been submitted to the agency as

31  set forth in chapter 435 but a response has not yet been

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 1  issued. A license may be granted to the applicant upon the

 2  agency's receipt of a report of the results of the Federal

 3  Bureau of Investigation background screening for each

 4  individual required by this section to undergo background

 5  screening which confirms that all standards have been met, or

 6  upon the granting of a disqualification exemption by the

 7  agency as set forth in chapter 435. Any other person who is

 8  required to undergo level 2 background screening may serve in

 9  his or her capacity pending the agency's receipt of the report

10  from the Federal Bureau of Investigation. However, the person

11  may not continue to serve if the report indicates any

12  violation of background screening standards and a

13  disqualification exemption has not been requested of and

14  granted by the agency as set forth in chapter 435.

15         (f)  Each applicant must submit to the agency a

16  description and explanation of any conviction of an offense

17  prohibited under the level 2 standards of chapter 435 by a

18  member of the board of directors of the applicant, its

19  officers, or any individual owning 5 percent or more of the

20  applicant. This requirement does not apply to a director of a

21  not-for-profit corporation or organization if the director

22  serves solely in a voluntary capacity for the corporation or

23  organization, does not regularly take part in the day-to-day

24  operational decisions of the corporation or organization,

25  receives no remuneration for his or her services on the

26  corporation or organization's board of directors, and has no

27  financial interest and has no family members with a financial

28  interest in the corporation or organization, provided that the

29  director and the not-for-profit corporation or organization

30  include in the application a statement affirming that the

31  

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 1  director's relationship to the corporation satisfies the

 2  requirements of this paragraph.

 3         (g)  A license may not be granted to an applicant if

 4  the applicant or managing employee has been found guilty of,

 5  regardless of adjudication, or has entered a plea of nolo

 6  contendere or guilty to, any offense prohibited under the

 7  level 2 standards for screening set forth in chapter 435,

 8  unless an exemption from disqualification has been granted by

 9  the agency as set forth in chapter 435.

10         Section 79.  For the purpose of incorporating the

11  amendment to section 435.04, Florida Statutes, in references

12  thereto, subsection (5) of section 744.1085, Florida Statutes,

13  is reenacted to read:

14         744.1085  Regulation of professional guardians;

15  application; bond required; educational requirements.--

16         (5)  As required in s. 744.3135, each professional

17  guardian shall allow a level 2 background screening of the

18  guardian and employees of the guardian in accordance with the

19  provisions of s. 435.04.

20         Section 80.  For the purpose of incorporating the

21  amendment to section 435.04, Florida Statutes, in references

22  thereto, paragraph (b) of subsection (2) of section 984.01,

23  Florida Statutes, is reenacted to read:

24         984.01  Purposes and intent; personnel standards and

25  screening.--

26         (2)  The Department of Juvenile Justice or the

27  Department of Children and Family Services, as appropriate,

28  may contract with the Federal Government, other state

29  departments and agencies, county and municipal governments and

30  agencies, public and private agencies, and private individuals

31  

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 1  and corporations in carrying out the purposes of, and the

 2  responsibilities established in, this chapter.

 3         (b)  The Department of Juvenile Justice and the

 4  Department of Children and Family Services shall require

 5  employment screening pursuant to chapter 435, using the level

 6  2 standards set forth in that chapter for personnel in

 7  programs for children or youths.

 8         Section 81.  For the purpose of incorporating the

 9  amendment to section 435.04, Florida Statutes, in references

10  thereto, paragraph (b) of subsection (2) of section 985.01,

11  Florida Statutes, is reenacted to read:

12         985.01  Purposes and intent; personnel standards and

13  screening.--

14         (2)  The Department of Juvenile Justice or the

15  Department of Children and Family Services, as appropriate,

16  may contract with the Federal Government, other state

17  departments and agencies, county and municipal governments and

18  agencies, public and private agencies, and private individuals

19  and corporations in carrying out the purposes of, and the

20  responsibilities established in, this chapter.

21         (b)  The Department of Juvenile Justice and the

22  Department of Children and Family Services shall require

23  employment screening pursuant to chapter 435, using the level

24  2 standards set forth in that chapter for personnel in

25  programs for children or youths.

26         Section 82.  For the purpose of incorporating the

27  amendment to section 435.04, Florida Statutes, in references

28  thereto, paragraphs (a) and (b) of subsection (7) of section

29  1002.36, Florida Statutes, are reenacted to read:

30         1002.36  Florida School for the Deaf and the Blind.--

31         (7)  PERSONNEL SCREENING.--

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 1         (a)  The Board of Trustees of the Florida School for

 2  the Deaf and the Blind shall, because of the special trust or

 3  responsibility of employees of the school, require all

 4  employees and applicants for employment to undergo personnel

 5  screening and security background investigations as provided

 6  in chapter 435, using the level 2 standards for screening set

 7  forth in that chapter, as a condition of employment and

 8  continued employment. The cost of a personnel screening and

 9  security background investigation for an employee of the

10  school shall be paid by the school. The cost of such a

11  screening and investigation for an applicant for employment

12  may be paid by the school.

13         (b)  As a prerequisite for initial and continuing

14  employment at the Florida School for the Deaf and the Blind:

15         1.  The applicant or employee shall submit to the

16  Florida School for the Deaf and the Blind a complete set of

17  fingerprints taken by an authorized law enforcement agency or

18  an employee of the Florida School for the Deaf and the Blind

19  who is trained to take fingerprints. The Florida School for

20  the Deaf and the Blind shall submit the fingerprints to the

21  Department of Law Enforcement for state processing and the

22  Federal Bureau of Investigation for federal processing.

23         2.a.  The applicant or employee shall attest to the

24  minimum standards for good moral character as contained in

25  chapter 435, using the level 2 standards set forth in that

26  chapter under penalty of perjury.

27         b.  New personnel shall be on a probationary status

28  pending a determination of compliance with such minimum

29  standards for good moral character. This paragraph is in

30  addition to any probationary status provided for by Florida

31  

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 1  law or Florida School for the Deaf and the Blind rules or

 2  collective bargaining contracts.

 3         3.  The Florida School for the Deaf and the Blind shall

 4  review the record of the applicant or employee with respect to

 5  the crimes contained in s. 435.04 and shall notify the

 6  applicant or employee of its findings. When disposition

 7  information is missing on a criminal record, it shall be the

 8  responsibility of the applicant or employee, upon request of

 9  the Florida School for the Deaf and the Blind, to obtain and

10  supply within 30 days the missing disposition information to

11  the Florida School for the Deaf and the Blind. Failure to

12  supply missing information within 30 days or to show

13  reasonable efforts to obtain such information shall result in

14  automatic disqualification of an applicant and automatic

15  termination of an employee.

16         4.  After an initial personnel screening and security

17  background investigation, written notification shall be given

18  to the affected employee within a reasonable time prior to any

19  subsequent screening and investigation.

20         Section 83.  For the purpose of incorporating the

21  amendments to sections 943.0585 and 943.059, Florida Statutes,

22  in references thereto, paragraph (a) of subsection (2) and

23  subsection (6) of section 943.0582, Florida Statutes, are

24  reenacted to read:

25         943.0582  Prearrest, postarrest, or teen court

26  diversion program expunction.--

27         (2)(a)  As used in this section, the term "expunction"

28  has the same meaning ascribed in and effect as s. 943.0585,

29  except that:

30         1.  The provisions of s. 943.0585(4)(a) do not apply,

31  except that the criminal history record of a person whose

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 1  record is expunged pursuant to this section shall be made

 2  available only to criminal justice agencies for the purpose of

 3  determining eligibility for prearrest, postarrest, or teen

 4  court diversion programs; when the record is sought as part of

 5  a criminal investigation; or when the subject of the record is

 6  a candidate for employment with a criminal justice agency. For

 7  all other purposes, a person whose record is expunged under

 8  this section may lawfully deny or fail to acknowledge the

 9  arrest and the charge covered by the expunged record.

10         2.  Records maintained by local criminal justice

11  agencies in the county in which the arrest occurred that are

12  eligible for expunction pursuant to this section shall be

13  sealed as the term is used in s. 943.059.

14         (6)  Expunction or sealing granted under this section

15  does not prevent the minor who receives such relief from

16  petitioning for the expunction or sealing of a later criminal

17  history record as provided for in ss. 943.0585 and 943.059, if

18  the minor is otherwise eligible under those sections.

19         Section 84.  For the purpose of incorporating the

20  amendment to section 943.059, Florida Statutes, in references

21  thereto, subsections (7), (8), and (9) of section 943.053,

22  Florida Statutes, are reenacted to read:

23         943.053  Dissemination of criminal justice information;

24  fees.--

25         (7)  Notwithstanding the provisions of s. 943.0525, and

26  any user agreements adopted pursuant thereto, and

27  notwithstanding the confidentiality of sealed records as

28  provided for in s. 943.059, the sheriff of any county that has

29  contracted with a private entity to operate a county detention

30  facility pursuant to the provisions of s. 951.062 shall

31  provide that private entity, in a timely manner, copies of the

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 1  Florida criminal history records for its inmates. The sheriff

 2  may assess a charge for the Florida criminal history records

 3  pursuant to the provisions of chapter 119. Sealed records

 4  received by the private entity under this section remain

 5  confidential and exempt from the provisions of s. 119.07(1).

 6         (8)  Notwithstanding the provisions of s. 943.0525, and

 7  any user agreements adopted pursuant thereto, and

 8  notwithstanding the confidentiality of sealed records as

 9  provided for in s. 943.059, the Department of Corrections

10  shall provide, in a timely manner, copies of the Florida

11  criminal history records for inmates housed in a private state

12  correctional facility to the private entity under contract to

13  operate the facility pursuant to the provisions of s. 944.105

14  or s. 957.03. The department may assess a charge for the

15  Florida criminal history records pursuant to the provisions of

16  chapter 119. Sealed records received by the private entity

17  under this section remain confidential and exempt from the

18  provisions of s. 119.07(1).

19         (9)  Notwithstanding the provisions of s. 943.0525 and

20  any user agreements adopted pursuant thereto, and

21  notwithstanding the confidentiality of sealed records as

22  provided for in s. 943.059, the Department of Juvenile Justice

23  or any other state or local criminal justice agency may

24  provide copies of the Florida criminal history records for

25  juvenile offenders currently or formerly detained or housed in

26  a contracted juvenile assessment center or detention facility

27  or serviced in a contracted treatment program and for

28  employees or other individuals who will have access to these

29  facilities, only to the entity under direct contract with the

30  Department of Juvenile Justice to operate these facilities or

31  programs pursuant to the provisions of s. 985.411. The

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 1  criminal justice agency providing such data may assess a

 2  charge for the Florida criminal history records pursuant to

 3  the provisions of chapter 119. Sealed records received by the

 4  private entity under this section remain confidential and

 5  exempt from the provisions of s. 119.07(1). Information

 6  provided under this section shall be used only for the

 7  criminal justice purpose for which it was requested and may

 8  not be further disseminated.

 9         Section 85.  The creation of sections 393.135,

10  394.4593, and 916.1075, Florida Statutes, by this act shall

11  apply to offenses committed on or after the effective date of

12  this act.

13         Section 86.  (1)  The Department of Children and Family

14  Services shall competitively bid the services of one or more

15  providers to perform the eligibility determination activities

16  related to food stamps, Medicaid, Temporary Assistance for

17  Needy Families-Cash Assistance, and other public assistance

18  programs under its jurisdiction. The competitively procured

19  services shall initially be performed in one predominantly

20  rural district and one predominantly urban district. The

21  services contract or contracts for the two selected districts

22  must be implemented by September 30, 2004.

23         (2)  The competitive bid process shall afford the

24  department employees currently performing eligibility

25  determination services the opportunity to submit an offer to

26  continue to perform the services. The bid process shall

27  provide the employees a reasonable opportunity to organize

28  prior to the beginning of the formal competitive process. The

29  department shall provide the employees with reasonable legal,

30  procurement, and fiscal expertise as requested by the

31  employees. Notwithstanding section 287.057, Florida Statutes,

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 1  the employees may select consultants to assist in preparing

 2  the offer. The department may use state funds to compensate

 3  consultants whose services are limited exclusively to

 4  assistance rendered to the employees in preparing a response

 5  to the bid solicitation.

 6         (3)  The Technology Review Workgroup must give prior

 7  written approval before any technological change proposed for

 8  the FLORIDA System as part of a competitively procured

 9  contract is implemented.

10         (4)  Prior to contracting for the performance of

11  eligibility services in any additional district, the

12  department shall assess the quality of the services delivered

13  in the one rural and one urban districts. The department's

14  assessment shall include, but need not be limited to, an

15  evaluation of the following elements, by eligibility program,

16  as compared to baseline data from the eligibility program

17  before the services were privately performed:

18         (a)  Error rates;

19         (b)  Timeliness of eligibility determination;

20         (c)  Customer satisfaction; and

21         (d)  Costs associated with operation of the eligibility

22  program.

23  

24  In addition, the assessment must determine whether any

25  technological changes implemented have resulted in

26  improvements in program efficiency.

27         (5)(a)  Upon completing the assessment, the department

28  shall prepare a report of its findings. The initial status

29  report shall describe the implementation of the contracted

30  eligibility services in the two districts and must be

31  submitted by December 30, 2004. A final report, including an

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 1  evaluation of all elements listed in subsection (4) and, if

 2  recommended, a plan for future implementation, including a

 3  timeframe and proposed roll-out schedule by district, must be

 4  submitted by January 30, 2005. The reports shall be submitted

 5  to the Governor, the President of the Senate, and the Speaker

 6  of the House of Representatives.

 7         (b)  Based on the results in the reports, the Governor

 8  shall direct the department regarding implementing the

 9  privately performed eligibility determinations in additional

10  districts unless countermanded by the Legislature.

11         (c)  If implementation is continued beyond June 30,

12  2005, reports addressing, at a minimum, the elements in

13  subsection (4) must be submitted to the Governor and

14  Legislature semiannually, beginning January 1, 2006, until

15  privately performed eligibility determinations have either

16  ceased or been in place statewide for 3 years.

17         Section 87.  Subsection (3) of section 39.304, Florida

18  Statutes, is amended to read:

19         39.304  Photographs, medical examinations, X rays, and

20  medical treatment of abused, abandoned, or neglected child.--

21         (3)  Any facility licensed under chapter 395 shall

22  provide to the department, its agent, a law enforcement

23  agency, or a child protection team that contracts with the

24  department any photograph or report on examinations made or X

25  rays taken under pursuant to this section, or copies thereof,

26  for the purpose of investigation or assessment of cases of

27  abuse, abandonment, neglect, or exploitation of children.

28         Section 88.  Section 39.302, Florida Statutes, is

29  amended to read:

30         39.302  Protective investigations of institutional

31  child abuse, abandonment, or neglect.--

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 1         (1)  The department shall conduct a child protective

 2  investigation of each report of institutional child abuse,

 3  abandonment, or neglect.  Upon receipt of a report that

 4  alleges that an employee or agent of the department, or any

 5  other entity or person covered by s. 39.01(31) or (47), acting

 6  in an official capacity, has committed an act of child abuse,

 7  abandonment, or neglect, the department shall initiate a child

 8  protective investigation within the timeframe established by

 9  the central abuse hotline pursuant to s. 39.201(5).

10         (a)  Upon initiation of the child protective

11  investigation, the department shall and orally notify the

12  appropriate state attorney, law enforcement agency, and

13  licensing or oversight agency of the allegation of child

14  abuse, abandonment, or neglect.  These agencies shall

15  immediately conduct A joint investigation shall be conducted,

16  unless independent investigations are more feasible. When

17  conducting a joint investigation, these agencies shall be

18  entitled to full access to the information gathered by the

19  department in the course of the investigation, as allowed by

20  law.

21         (b)  The department shall inform the owner or operator

22  of the facility of the report. When conducting investigations

23  onsite or having face-to-face interviews with the child, such

24  investigation visits shall be unannounced unless it is

25  determined by the department or its agent that such

26  unannounced visits would threaten the safety of the child. The

27  department shall notify the child's parent or legal custodian

28  of the allegation within 48 hours after commencement of the

29  investigation. If determined necessary or if there is a need

30  for further services, an on-site visit to the child's place of

31  residence shall be conducted as part of the protective

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 1  investigation. When a facility is exempt from licensing, the

 2  department shall inform the owner or operator of the facility

 3  of the report.  Each agency conducting a joint investigation

 4  shall be entitled to full access to the information gathered

 5  by the department in the course of the investigation. A

 6  protective investigation must include an onsite visit of the

 7  child's place of residence. In all cases, the department shall

 8  make a full written report to the state attorney within 3

 9  working days after making the oral report. A criminal

10  investigation shall be coordinated, whenever possible, with

11  the child protective investigation of the department. Any

12  interested person who has information regarding the offenses

13  described in this subsection may forward a statement to the

14  state attorney as to whether prosecution is warranted and

15  appropriate. Within 15 days after the completion of the

16  investigation, the state attorney shall report the findings to

17  the department and shall include in such report a

18  determination of whether or not prosecution is justified and

19  appropriate in view of the circumstances of the specific case.

20         (2)(a)  If in the course of the child protective

21  investigation, the department finds that a subject of a

22  report, by continued contact with children in care,

23  constitutes a threatened harm to the physical health, mental

24  health, or welfare of the child continues to exist, the agency

25  or department responsible for the ongoing regulation or

26  oversight of the particular facility shall ensure that the

27  facility immediately implements the actions identified by the

28  department in order to respond to the immediate safety

29  concern. Such actions may include, but are not limited to,

30  restricting children, the department may restrict a subject's

31  access to the child children pending the outcome of the

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 1  investigation. The agency or department responsible for the

 2  ongoing regulation or oversight of the facility shall ensure

 3  that the facility continues the implemented action pending the

 4  outcome of the investigation. The department or its agent

 5  shall employ the least restrictive means necessary to

 6  safeguard the physical health, mental health, and welfare of

 7  the children in care.  This authority applies shall apply only

 8  to a child protective investigation investigations in which

 9  there is some evidence that child abuse, abandonment, or

10  neglect has occurred and must be authorized by the protective

11  investigative supervisor. A subject of a report whose access

12  to the child children in care has been restricted and a

13  facility that is required to implement an action to respond to

14  the immediate safety concern pursuant to this subsection are

15  is entitled to petition the circuit court for judicial review.

16  The court shall enter written findings of fact based upon the

17  preponderance of evidence that child abuse, abandonment, or

18  neglect did occur and that the department's restrictive action

19  against a subject of the report was justified in order to

20  safeguard the physical health, mental health, and welfare of

21  the child children in care.  The restrictive action of the

22  department shall be effective for no more than 90 days without

23  a judicial finding supporting the actions of the department.

24         (b)  Upon completion of the department's child

25  protective investigation, the department may recommend

26  corrective action to the facility, and to the agency or

27  department with ongoing regulation or oversight, in order to

28  prevent further abusive acts. The department may also make

29  application to the circuit court for continued restrictive

30  action against any person necessary to safeguard the physical

31  health, mental health, and welfare of the children in care.

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 1         (3)  Pursuant to the restrictive actions described in

 2  subsection (2), in cases of institutional abuse, abandonment,

 3  or neglect in which the removal of a subject of a report will

 4  result in the closure of the facility, and when requested by

 5  the owner of the facility, the department may provide

 6  appropriate personnel to assist in maintaining the operation

 7  of the facility. The department may provide assistance when it

 8  can be demonstrated by the owner that there are no reasonable

 9  alternatives to such action. The length of the assistance

10  shall be agreed upon by the owner and the department; however,

11  the assistance shall not be for longer than the course of the

12  restrictive action imposed pursuant to subsection (2).  The

13  owner shall reimburse the department for the assistance of

14  personnel provided.

15         (3)(4)  The department shall notify the Florida local

16  advocacy council in the appropriate district of the department

17  as to every report of institutional child abuse, abandonment,

18  or neglect in the district in which a client of the department

19  is alleged or shown to have been abused, abandoned, or

20  neglected, which notification shall be made within 48 hours

21  after the department commences its investigation.

22         (4)(5)  The department shall notify the state attorney

23  and the appropriate law enforcement agency of any case of

24  other child abuse, abandonment, or neglect case in which

25  criminal conduct is suspected or for any other reason, a

26  criminal investigation is deemed appropriate by the

27  department. A criminal investigation shall be coordinated,

28  whenever possible, with the child protective investigation of

29  the department.

30         (6)  In cases of institutional child abuse,

31  abandonment, or neglect in which the multiplicity of reports

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 1  of abuse, abandonment, or neglect or the severity of the

 2  allegations indicates the need for specialized investigation

 3  by the department in order to afford greater safeguards for

 4  the physical health, mental health, and welfare of the

 5  children in care, the department shall provide a team of

 6  persons specially trained in the areas of child abuse,

 7  abandonment, and neglect investigations, diagnosis, and

 8  treatment to assist the local office of the department in

 9  expediting its investigation and in making recommendations for

10  restrictive actions and to assist in other ways deemed

11  necessary by the department in order to carry out the

12  provisions of this section. The specially trained team shall

13  also provide assistance to any investigation of the

14  allegations by local law enforcement and the Department of Law

15  Enforcement.

16         (5)  The department shall adopt by rule procedures for

17  child protective investigations within each type of facility

18  subject to this section. The rule must include, but need not

19  be limited to, procedures for the conduct of investigations

20  within the facilities; the use of child safety assessments

21  that are specific to each broad category of institution; the

22  sharing of information among and collaboration between the

23  department, the facilities, and the licensing or oversight

24  agencies; and the implementation of this section.

25         Section 89.  The Department of Children and Family

26  Services shall develop and adopt by rule minimum requirements

27  for hiring and training child protective staff. The rules

28  shall provide minimum requirements for:

29         (1)  Education and experience for child protective

30  investigators and child protective investigative supervisors,

31  as recommended in the Protective Investigator Retention

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 1  Workgroup report dated December 31, 2003, and for screening

 2  and hiring, including, but not limited to, exposure to the job

 3  functions prior to actual employment, thorough background

 4  checks, use of an effective characteristic-based screening

 5  tool, and involvement of the supervisor in the selection

 6  decision; and

 7         (2)  Training processes, which must include, but need

 8  not be limited to, requirements for preservice training and

 9  certification, requirements for local-service-area-specific

10  training that incorporates a strong on-the-job training

11  component and requires a protected caseload for newly hired

12  employees, and the provision of specialty or advanced

13  training, including training in the investigation of

14  institutional child abuse.

15         Section 90.  The Department of Children and Family

16  Services shall submit a report by December 31, 2004, to the

17  Governor, the President of the Senate, and the Speaker of the

18  House of Representatives regarding the implementation of the

19  recommendations of Interim Project Report 2004-113 and the

20  Protective Investigator Retention Workgroup Report dated

21  December 31, 2003.  Specifically, this report must contain:

22         (1)  A full program design, as a pilot project, for an

23  alternative response system in Florida which is based, to the

24  extent possible, on the model recommended in the Protective

25  Investigator Retention Workgroup Report, including detailed

26  requirements of the multiple elements involved in the proposed

27  system, the expectations of each of the entities, possible

28  sites for the pilot project, and an evaluation component. This

29  alternative response system shall provide for different levels

30  of investigative activities, including a streamlined track, a

31  family assessment track, and a traditional investigative

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 1  track. The program design shall be developed in collaboration

 2  with all potential stakeholders, including, but not limited

 3  to, district protective investigative staff, the sheriffs'

 4  offices conducting child protective investigations, and

 5  community-based-care lead agencies.

 6         (2)  The results of an examination of the information

 7  needed by the court at each stage of a dependency case and

 8  recommendations for any revisions to the information that is

 9  required to be provided or for revisions in the timing of the

10  submission of such information to the court. This examination

11  and development of recommendations shall be conducted jointly

12  with the Steering Committee of Families and Children of the

13  Supreme Court.

14         (3)  The status of the development of rules to

15  institute minimum hiring and training requirements for child

16  protective staff.

17         (4)  The actions taken to implement the remaining

18  recommendations of the Protective Investigative Retention

19  Workgroup.

20         Section 91.  Subsections (3), (4), (5), and (6) of

21  section 61.21, Florida Statutes, are amended to read:

22         61.21  Parenting course authorized; fees; required

23  attendance authorized; contempt.--

24         (3)  Each course provider offering a parenting course

25  pursuant to this section must be approved by the Department of

26  Children and Family Services. The provider and course must

27  comply with this section and the rules developed under this

28  section.

29         (a)  The Department of Children and Family Services

30  shall provide each judicial circuit with a list of approved

31  course providers and sites at which the parent education and

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 1  family stabilization course may be completed. Each judicial

 2  circuit must make information regarding all course providers

 3  approved for their circuit available to all parents.

 4         (b)  Parent education and family stabilization course

 5  providers may charge a reasonable fee for each course

 6  participant. The Department of Children and Family Services

 7  shall include on the list of approved course providers and

 8  sites for each circuit at least one site in that circuit where

 9  the parent education and family stabilization course may be

10  completed on a sliding fee scale, if available.

11         (c)  The Department of Children and Family Services

12  shall include on the list of approved course providers,

13  without limitation as to the area of the state for which the

14  course is approved, a minimum of one statewide approved course

15  to be provided through the Internet and one statewide approved

16  course to be provided through correspondence. The purpose of

17  the Internet and correspondence courses is to ensure that the

18  parent education and stabilization course is available in the

19  home county of each state resident and to those out-of-state

20  persons subject to this section.

21         (d)  The Department of Children and Family Services may

22  remove a provider from the list of approved course providers

23  for noncompliance with the requirements of this section or the

24  rules adopted under this section.

25         (e)  The Department of Children and Family Services

26  shall adopt rules to implement subsections (2) and (3).

27         (4)(3)  All parties to a dissolution of marriage

28  proceeding with minor children or a paternity action which

29  involves issues of parental responsibility shall be required

30  to complete the Parent Education and Family Stabilization

31  Course prior to the entry by the court of a final judgment.

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 1  The court may excuse a party from attending the parenting

 2  course for good cause.

 3         (5)(4)  All parties required to complete a parenting

 4  course under this section shall begin the course as

 5  expeditiously as possible after filing for dissolution of

 6  marriage and shall file proof of compliance with the court

 7  prior to the entry of the final judgment.

 8         (6)(5)  All parties to a modification of a final

 9  judgment involving shared parental responsibilities, custody,

10  or visitation may be required to complete a court-approved

11  parenting course prior to the entry of an order modifying the

12  final judgment.

13         (6)  The department shall provide each judicial circuit

14  with a list of approved course providers and sites at which

15  the parent education and family stabilization course required

16  by this section may be completed. The department shall also

17  include on the list of course providers and sites at least one

18  site in each circuit at which the parent education and family

19  stabilization course may be completed on a sliding fee scale,

20  if available.

21         Section 92.  Subsection (6) of section 410.604, Florida

22  Statutes, is repealed.

23         Section 93.  This act shall take effect July 1, 2004.

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2808

 3                                 

 4  
    Revises the language supporting individuals with developmental
 5  disabilities to pursue gainful employment to remove references
    to assessing the individual's potential and to focus more on
 6  supporting those individuals who choose to pursue employment
    and reducing the use of non-employment day activities.
 7  
    Provides conforming language that persons who commit the
 8  offense of sexual misconduct are prohibited from working in
    the developmental services and mental health services systems.
 9  
    Corrects terminology relative to forensic facilities.
10  
    Adds law enforcement agencies to the groups that can receive
11  photographs and reports on medical examinations from hospitals
    regarding children who have been abused and for whom a
12  protective investigation is being conducted.

13  Strengthens the actions that may be taken in institutions in
    response to child abuse, removes the automatic referral of all
14  institutional child abuse reports to the state attorney,
    removes the mandatory visit to the child's family, removes the
15  requirement to assist a facility under certain circumstances,
    removes the procedures for specialized investigations, and
16  requires procedures specific to investigations in different
    institutional settings.
17  
    Directs the department to adopt rules for the hiring and
18  training of child protective staff, to develop a program
    design to test an alternative response system and to report to
19  the legislature on the implementation of the recommendations
    of the Protective Investigator Retention Workgroup and those
20  of the interim project.

21  Provides the Department of Children and Families with
    direction relative to the course approval process for the
22  Parent Education and Family Stabilization Course.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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