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The Committee on Health Regulation (Alexander) recommended the

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following amendment to amendment (754484):

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     Senate Amendment

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     Delete line(s) 685-739

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insert:

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     Section 13.  Section 429.174, Florida Statutes, is amended

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to read:

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     429.174  Background screening; exemptions.--

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     (1) The owner or administrator of an assisted living

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facility must conduct level 1 background screening, as set forth

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in chapter 435, on all employees hired on or after October 1,

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1998, who perform personal services or who have access to

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resident living areas as defined in s. 429.02(16). The agency may

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exempt an individual from employment disqualification as set

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forth in s. 435.07 chapter 435. However, such person may not be

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employed or resume employment pending the granting of an

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exemption or until all appeals have been resolved in favor of the

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person screened. A person employed before October 1, 1998, who is

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determined to have a disqualifying offense may continue

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employment pending the outcome of an exemption request if that

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request is made by October 1, 2009. Employees Such persons shall

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be considered as having met the screening requirements this

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requirement if:

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     (a)(1) Proof of compliance with level 1 screening

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requirements obtained to meet any professional license

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requirements in this state is provided and accompanied, under

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penalty of perjury, by a copy of the person's current

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professional license and an affidavit of current compliance with

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the background screening requirements.

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     (b)(2) The person required to be screened has been

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continuously employed in the same type of occupation for which

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the person is seeking employment without a breach in service

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which exceeds 180 days, and proof of compliance with the level 1

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screening requirement which is no more than 2 years old is

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provided. Proof of compliance shall be provided directly from one

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employer or contractor to another, and not from the person

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screened. Upon request, a copy of screening results shall be

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provided by the employer retaining documentation of the screening

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to the person screened.

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     (c)(3) The person required to be screened is employed by a

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corporation or business entity or related corporation or business

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entity that owns, operates, or manages more than one facility or

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agency licensed under this chapter, and for whom a level 1

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screening was conducted by the corporation or business entity as

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a condition of initial or continued employment.

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     (2) Level 1 screening as provided in chapter 435 is

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required for all contracted workers who are expected to, or whose

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responsibilities may require them to, provide personal services

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to residents. The facility shall maintain verification that such

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contracted workers have been screened pursuant to this section. A

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contracted worker who does not provide personal services to

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residents is not required to be screened pursuant to this section

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but must sign in at the reception desk upon entering the

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facility, wear an identification badge while on the premises, and

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sign out before leaving the facility. The facility shall maintain

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a log containing the information collected.

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     (3) The person being screened is responsible for paying the

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fees associated with obtaining the required screening. Payment

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for the screening shall be submitted to the agency. The agency

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shall establish a schedule of fees to cover the costs of level 1

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and level 2 screening. Facilities may reimburse employees or

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contracted workers for these costs. The Department of Law

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Enforcement shall charge the agency for a level 1 or level 2

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screening a rate sufficient to cover the costs of screening

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pursuant to s. 943.053(3).

3/18/2008  1:16:00 PM     588-05208-08