Florida Senate - 2010 CS for SB 1520
By the Committee on Children, Families, and Elder Affairs; and
Senator Storms
586-02745-10 20101520c1
1 A bill to be entitled
2 An act relating to background screening; amending s.
3 39.821, F.S.; revising background screening
4 requirements for the Guardian Ad Litem Program;
5 amending s. 215.5586, F.S.; removing reference to ch.
6 435, F.S., for background screening of hurricane
7 mitigation inspectors; amending s. 393.0655, F.S.;
8 adding additional disqualifying offenses for the
9 screening of direct service providers for persons with
10 developmental disabilities; amending s. 394.4572,
11 F.S.; revising background screening requirements for
12 mental health personnel; amending s. 400.215, F.S.;
13 revising background screening requirements for nursing
14 home personnel; amending s. 400.506, F.S.; conforming
15 provisions to changes made by the act; amending s.
16 400.512, F.S.; revising background screening
17 requirements for home health agency personnel, nurse
18 registry personnel, and companions and homemakers;
19 amending s. 400.6065, F.S.; revising background
20 screening requirements for hospice personnel; amending
21 s. 400.801, F.S.; revising background screening
22 requirements for personnel at homes for special
23 services; amending s. 400.805, F.S.; revising
24 background screening requirements for transitional
25 living facility personnel; creating s. 400.9065, F.S.;
26 providing background screening requirements for
27 prescribed pediatric extended care center personnel;
28 amending s. 400.934, F.S.; revising minimum standards
29 for home medical equipment providers; amending s.
30 400.953, F.S.; revising background screening
31 requirements for home medical equipment provider
32 personnel; repealing s. 400.955, F.S., relating to the
33 procedures for screening of home medical equipment
34 provider personnel; amending s. 400.964, F.S.;
35 revising background screening requirements for
36 personnel at intermediate care facilities for
37 developmentally disabled persons; amending s. 400.980,
38 F.S.; revising background screening requirements for
39 personnel at health care services pools; amending s.
40 400.991, F.S.; revising background screening
41 requirements for applicants and personnel at health
42 care clinics; amending s. 408.806, F.S.; adding a
43 requirement for an affidavit relating to background
44 screening to the license application process under the
45 Agency for Health Care Administration; amending s.
46 408.808, F.S.; conforming provisions to changes made
47 by the act; amending s. 408.809, F.S.; revising
48 background screening requirements under the Agency for
49 Health Care Administration; requiring electronic
50 submission of fingerprints; amending s. 409.175, F.S.;
51 revising background screening requirements for
52 employees and volunteers in summer day camps and
53 summer 24-hour camps; requiring drug testing for
54 prospective and current foster parents; amending s.
55 409.221, F.S.; revising background screening
56 requirements for persons who render consumer-directed
57 care; amending s. 409.907, F.S.; revising background
58 screening requirements for Medicaid providers;
59 amending s. 429.14, F.S.; revising administrative
60 penalty provisions relating to assisted living
61 facilities; amending s. 429.174, F.S.; revising
62 background screening requirements for assisted living
63 facility personnel; amending s. 429.67, F.S.; revising
64 licensure requirements for adult family-care home
65 personnel and household members; amending s. 429.69,
66 F.S.; revising background screening requirements for
67 adult family-care home personnel; amending s. 429.911,
68 F.S.; revising administrative penalty provisions
69 relating to adult day care centers; amending s.
70 429.919, F.S.; revising background screening
71 requirements for adult day care center personnel;
72 creating s. 430.60, F.S.; providing background
73 screening requirements for direct service providers
74 under the Department of Elderly Affairs; amending s.
75 435.01, F.S.; revising provisions related to the
76 applicability of ch. 435, F.S., statutory references
77 to the chapter, and rulemaking; providing construction
78 with respect to the doctrine of incorporation by
79 reference; amending s. 435.02, F.S.; revising and
80 adding definitions; amending s. 435.03, F.S.; revising
81 level 1 screening standards; adding disqualifying
82 offenses; amending s. 435.04, F.S.; revising level 2
83 screening standards; requiring electronic submission
84 of fingerprints after a certain date; authorizing
85 agencies to contract for electronic fingerprinting;
86 adding disqualifying offenses; amending s. 435.05,
87 F.S.; revising background check requirements for
88 covered employees and employers; amending s. 435.06,
89 F.S.; revising provisions relating to exclusion from
90 employment; providing that an employer may not hire,
91 select, or otherwise allow an employee contact with
92 any vulnerable person until the screening process is
93 completed; requiring removal of an employee arrested
94 for disqualifying offenses from roles requiring
95 background screening until the employee’s eligibility
96 for employment is determined; amending s. 435.07,
97 F.S.; revising provisions relating to exemptions from
98 disqualification; amending s. 435.08, F.S.; revising
99 provisions relating to the payment for processing of
100 fingerprints and criminal history records checks;
101 amending s. 464.203, F.S.; conforming provisions to
102 changes made by the act; amending s. 489.115, F.S.;
103 removing reference to ch. 435, F.S., for background
104 screening of construction contractors; amending s.
105 943.05, F.S.; revising provisions relating to the
106 Criminal Justice Information Program under the
107 Department of Law Enforcement; authorizing agencies to
108 request the retention of certain fingerprints by the
109 department; providing for rulemaking to require
110 employers to keep the agencies informed of any change
111 in the affiliation, employment, or contractual status
112 of each person whose fingerprints are retained in
113 certain circumstances; providing departmental duties
114 upon notification that a federal fingerprint retention
115 program is in effect; amending s. 943.053, F.S.;
116 removing obsolete references relating to the
117 dissemination of criminal justice information;
118 amending s. 985.644, F.S.; revising background
119 screening requirements for the Department of Juvenile
120 Justice; authorizing rulemaking; amending ss.
121 381.60225, 409.912, 464.018, 468.3101, 744.309,
122 744.474, and 985.04, F.S.; conforming provisions to
123 changes made to ch. 435, F.S., by the act; repealing
124 s. 409.1758, F.S., relating to screening of summer
125 camp personnel; repealing s. 456.039(4)(d), F.S.,
126 relating to information required for licensure of
127 designated health care professionals; providing for
128 prospective application of the act; providing an
129 effective date.
130
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. Subsection (1) of section 39.821, Florida
134 Statutes, is amended to read:
135 39.821 Qualifications of guardians ad litem.—
136 (1) Because of the special trust or responsibility placed
137 in a guardian ad litem, the Guardian Ad Litem Program may use
138 any private funds collected by the program, or any state funds
139 so designated, to conduct a security background investigation
140 before certifying a volunteer to serve. A security background
141 investigation must include, but need not be limited to,
142 employment history checks, checks of references, local criminal
143 records checks through local law enforcement agencies, and
144 statewide criminal records checks through the Department of Law
145 Enforcement. Upon request, an employer shall furnish a copy of
146 the personnel record for the employee or former employee who is
147 the subject of a security background investigation conducted
148 under this section. The information contained in the personnel
149 record may include, but need not be limited to, disciplinary
150 matters and the reason why the employee was terminated from
151 employment. An employer who releases a personnel record for
152 purposes of a security background investigation is presumed to
153 have acted in good faith and is not liable for information
154 contained in the record without a showing that the employer
155 maliciously falsified the record. A security background
156 investigation conducted under this section must ensure that a
157 person is not certified as a guardian ad litem if the person has
158 been convicted of, regardless of adjudication, or entered a plea
159 of nolo contendere or guilty to, any offense prohibited under
160 the provisions listed in s. 435.04. All applicants certified
161 after July 1, 2010, must undergo a level 2 background screening
162 pursuant to chapter 435 before being certified the provisions of
163 the Florida Statutes specified in s. 435.04(2) or under any
164 similar law in another jurisdiction. Before certifying an
165 applicant to serve as a guardian ad litem, the Guardian Ad Litem
166 Program may request a federal criminal records check of the
167 applicant through the Federal Bureau of Investigation. In
168 analyzing and evaluating the information obtained in the
169 security background investigation, the program must give
170 particular emphasis to past activities involving children,
171 including, but not limited to, child-related criminal offenses
172 or child abuse. The program has the sole discretion in
173 determining whether to certify a person based on his or her
174 security background investigation. The information collected
175 pursuant to the security background investigation is
176 confidential and exempt from s. 119.07(1).
177 Section 2. Paragraph (b) of subsection (1) of section
178 215.5586, Florida Statutes, is amended to read:
179 215.5586 My Safe Florida Home Program.—There is established
180 within the Department of Financial Services the My Safe Florida
181 Home Program. The department shall provide fiscal
182 accountability, contract management, and strategic leadership
183 for the program, consistent with this section. This section does
184 not create an entitlement for property owners or obligate the
185 state in any way to fund the inspection or retrofitting of
186 residential property in this state. Implementation of this
187 program is subject to annual legislative appropriations. It is
188 the intent of the Legislature that the My Safe Florida Home
189 Program provide trained and certified inspectors to perform
190 inspections for owners of site-built, single-family, residential
191 properties and grants to eligible applicants as funding allows.
192 The program shall develop and implement a comprehensive and
193 coordinated approach for hurricane damage mitigation that may
194 include the following:
195 (1) HURRICANE MITIGATION INSPECTIONS.—
196 (b) To qualify for selection by the department as a wind
197 certification entity to provide hurricane mitigation
198 inspections, the entity shall, at a minimum, meet the following
199 requirements:
200 1. Use hurricane mitigation inspectors who:
201 a. Are certified as a building inspector under s. 468.607;
202 b. Are licensed as a general or residential contractor
203 under s. 489.111;
204 c. Are licensed as a professional engineer under s. 471.015
205 and who have passed the appropriate equivalency test of the
206 building code training program as required by s. 553.841;
207 d. Are licensed as a professional architect under s.
208 481.213; or
209 e. Have at least 2 years of experience in residential
210 construction or residential building inspection and have
211 received specialized training in hurricane mitigation
212 procedures. Such training may be provided by a class offered
213 online or in person.
214 2. Use hurricane mitigation inspectors who also:
215 a. Have undergone drug testing and a level 2 background
216 screening checks pursuant to s. 435.04. The department may
217 conduct criminal record checks of inspectors used by wind
218 certification entities. Inspectors must submit a set of the
219 fingerprints to the department for state and national criminal
220 history checks and must pay the fingerprint processing fee set
221 forth in s. 624.501. The fingerprints shall be sent by the
222 department to the Department of Law Enforcement and forwarded to
223 the Federal Bureau of Investigation for processing. The results
224 shall be returned to the department for screening. The
225 fingerprints shall be taken by a law enforcement agency,
226 designated examination center, or other department-approved
227 entity; and
228 b. Have been certified, in a manner satisfactory to the
229 department, to conduct the inspections.
230 3. Provide a quality assurance program including a
231 reinspection component.
232 Section 3. Subsection (5) is added to section 393.0655,
233 Florida Statutes, to read:
234 393.0655 Screening of direct service providers.—
235 (5) DISQUALIFYING OFFENSES.—The background screening
236 conducted under this section must ensure that, in addition to
237 the disqualifying offenses listed in s. 435.04, no person
238 subject to the provisions of this section has an arrest awaiting
239 final disposition for, has been found guilty of, regardless of
240 adjudication, or entered a plea of nolo contendere or guilty to,
241 or has been adjudicated delinquent and the record has not been
242 sealed or expunged for, any offense prohibited under any of the
243 following provisions of the Florida Statutes or under any
244 similar statute of another jurisdiction:
245 (a) Any authorizing statutes, if the offense was a felony.
246 (b) This chapter, if the offense was a felony.
247 (c) Section 409.920, relating to Medicaid provider fraud.
248 (d) Section 409.9201, relating to Medicaid fraud.
249 (e) Section 817.034, relating to fraudulent acts through
250 mail, wire, radio, electromagnetic, photoelectronic, or
251 photooptical systems.
252 (f) Section 817.234, relating to false and fraudulent
253 insurance claims.
254 (g) Section 817.505, relating to patient brokering.
255 (h) Section 817.568, relating to criminal use of personal
256 identification information.
257 (i) Section 817.60, relating to obtaining a credit card
258 through fraudulent means.
259 (j) Section 817.61, relating to fraudulent use of credit
260 cards, if the offense was a felony.
261 (k) Section 831.01, relating to forgery.
262 (l) Section 831.02, relating to uttering forged
263 instruments.
264 (m) Section 831.07, relating to forging bank bills, checks,
265 drafts, or promissory notes.
266 (n) Section 831.09, relating to uttering forged bank bills,
267 checks, drafts, or promissory notes.
268 Section 4. Section 394.4572, Florida Statutes, is amended
269 to read:
270 394.4572 Screening of mental health personnel.—
271 (1)(a) The department and the Agency for Health Care
272 Administration shall require level 2 background employment
273 screening pursuant to chapter 435 for mental health personnel
274 using the standards for level 2 screening set forth in chapter
275 435. “Mental health personnel” includes all program directors,
276 professional clinicians, staff members, and volunteers working
277 in public or private mental health programs and facilities who
278 have direct contact with individuals held for examination or
279 admitted for mental health treatment unmarried patients under
280 the age of 18 years. For purposes of this chapter, employment
281 screening of mental health personnel shall also include, but is
282 not limited to, employment screening as provided under chapter
283 435 and s. 408.809.
284 (b) Students in the health care professions who are
285 interning in a mental health facility licensed under chapter
286 395, where the primary purpose of the facility is not the
287 treatment of minors, are exempt from the fingerprinting and
288 screening requirements if, provided they are under direct
289 supervision in the actual physical presence of a licensed health
290 care professional.
291 (c) Mental health personnel working in a facility licensed
292 under chapter 395 who have less than 15 hours per week of direct
293 contact with patients or who are health care professionals
294 licensed by the Agency for Health Care Administration or a board
295 thereunder are exempt from the fingerprinting and screening
296 requirements, except for persons working in mental health
297 facilities where the primary purpose of the facility is the
298 treatment of minors.
299 (d) A volunteer who assists on an intermittent basis for
300 less than 40 hours per month is exempt from the fingerprinting
301 and screening requirements, provided the volunteer is under
302 direct and constant supervision by persons who meet the
303 screening requirements of paragraph (a).
304 (2) The department or the Agency for Health Care
305 Administration may grant exemptions from disqualification as
306 provided in chapter 435 s. 435.06.
307 (3) Prospective mental health personnel who have previously
308 been fingerprinted or screened pursuant to this chapter, chapter
309 393, chapter 397, chapter 402, or chapter 409, or teachers who
310 have been fingerprinted pursuant to chapter 1012, who have not
311 been unemployed for more than 90 days thereafter, and who under
312 the penalty of perjury attest to the completion of such
313 fingerprinting or screening and to compliance with the
314 provisions of this section and the standards for level 1
315 screening contained in chapter 435, shall not be required to be
316 refingerprinted or rescreened in order to comply with any
317 screening requirements of this part.
318 Section 5. Section 400.215, Florida Statutes, is amended to
319 read:
320 400.215 Personnel screening requirement.—
321 (1) The agency shall require level 2 background screening
322 for personnel as required in s. 408.809(1)(e) pursuant to as
323 provided in chapter 435 and s. 408.809. for all employees or
324 prospective employees of facilities licensed under this part who
325 are expected to, or whose responsibilities may require them to:
326 (a) Provide personal care or services to residents;
327 (b) Have access to resident living areas; or
328 (c) Have access to resident funds or other personal
329 property.
330 (2) Employers and employees shall comply with the
331 requirements of s. 435.05.
332 (a) Notwithstanding the provisions of s. 435.05(1),
333 facilities must have in their possession evidence that level 1
334 screening has been completed before allowing an employee to
335 begin working with patients as provided in subsection (1). All
336 information necessary for conducting background screening using
337 level 1 standards as specified in s. 435.03 shall be submitted
338 by the nursing facility to the agency. Results of the background
339 screening shall be provided by the agency to the requesting
340 nursing facility.
341 (b) Employees qualified under the provisions of paragraph
342 (a) who have not maintained continuous residency within the
343 state for the 5 years immediately preceding the date of request
344 for background screening must complete level 2 screening, as
345 provided in chapter 435. Such employees may work in a
346 conditional status up to 180 days pending the receipt of written
347 findings evidencing the completion of level 2 screening. Level 2
348 screening shall not be required of employees or prospective
349 employees who attest in writing under penalty of perjury that
350 they meet the residency requirement. Completion of level 2
351 screening shall require the employee or prospective employee to
352 furnish to the nursing facility a full set of fingerprints to
353 enable a criminal background investigation to be conducted. The
354 nursing facility shall submit the completed fingerprint card to
355 the agency. The agency shall establish a record of the request
356 in the database provided for in paragraph (c) and forward the
357 request to the Department of Law Enforcement, which is
358 authorized to submit the fingerprints to the Federal Bureau of
359 Investigation for a national criminal history records check. The
360 results of the national criminal history records check shall be
361 returned to the agency, which shall maintain the results in the
362 database provided for in paragraph (c). The agency shall notify
363 the administrator of the requesting nursing facility or the
364 administrator of any other facility licensed under chapter 393,
365 chapter 394, chapter 395, chapter 397, chapter 429, or this
366 chapter, as requested by such facility, as to whether or not the
367 employee has qualified under level 1 or level 2 screening. An
368 employee or prospective employee who has qualified under level 2
369 screening and has maintained such continuous residency within
370 the state shall not be required to complete a subsequent level 2
371 screening as a condition of employment at another facility.
372 (c) The agency shall establish and maintain a database of
373 background screening information which shall include the results
374 of both level 1 and level 2 screening. The Department of Law
375 Enforcement shall timely provide to the agency, electronically,
376 the results of each statewide screening for incorporation into
377 the database. The agency shall, upon request from any facility,
378 agency, or program required by or authorized by law to screen
379 its employees or applicants, notify the administrator of the
380 facility, agency, or program of the qualifying or disqualifying
381 status of the employee or applicant named in the request.
382 (d) Applicants and employees shall be excluded from
383 employment pursuant to s. 435.06.
384 (3) The applicant is responsible for paying the fees
385 associated with obtaining the required screening. Payment for
386 the screening shall be submitted to the agency. The agency shall
387 establish a schedule of fees to cover the costs of level 1 and
388 level 2 screening. Facilities may reimburse employees for these
389 costs. The Department of Law Enforcement shall charge the agency
390 for a level 1 or level 2 screening a rate sufficient to cover
391 the costs of such screening pursuant to s. 943.053(3). The
392 agency shall, as allowable, reimburse nursing facilities for the
393 cost of conducting background screening as required by this
394 section. This reimbursement will not be subject to any rate
395 ceilings or payment targets in the Medicaid Reimbursement plan.
396 (4)(a) As provided in s. 435.07, the agency may grant an
397 exemption from disqualification to an employee or prospective
398 employee who is subject to this section and who has not received
399 a professional license or certification from the Department of
400 Health.
401 (b) As provided in s. 435.07, the appropriate regulatory
402 board within the Department of Health, or that department itself
403 when there is no board, may grant an exemption from
404 disqualification to an employee or prospective employee who is
405 subject to this section and who has received a professional
406 license or certification from the Department of Health or a
407 regulatory board within that department.
408 (5) Any provision of law to the contrary notwithstanding,
409 persons who have been screened and qualified as required by this
410 section and who have not been unemployed for more than 180 days
411 thereafter, and who under penalty of perjury attest to not
412 having been convicted of a disqualifying offense since the
413 completion of such screening, shall not be required to be
414 rescreened. An employer may obtain, pursuant to s. 435.10,
415 written verification of qualifying screening results from the
416 previous employer or other entity which caused such screening to
417 be performed.
418 (6) The agency and the Department of Health shall have
419 authority to adopt rules pursuant to the Administrative
420 Procedure Act to implement this section.
421 (7) All employees shall comply with the requirements of
422 this section by October 1, 1998. No current employee of a
423 nursing facility as of the effective date of this act shall be
424 required to submit to rescreening if the nursing facility has in
425 its possession written evidence that the person has been
426 screened and qualified according to level 1 standards as
427 specified in s. 435.03(1). Any current employee who meets the
428 level 1 requirement but does not meet the 5-year residency
429 requirement as specified in this section must provide to the
430 employing nursing facility written attestation under penalty of
431 perjury that the employee has not been convicted of a
432 disqualifying offense in another state or jurisdiction. All
433 applicants hired on or after October 1, 1998, shall comply with
434 the requirements of this section.
435 (8) There is no monetary or unemployment liability on the
436 part of, and no cause of action for damages arising against an
437 employer that, upon notice of a disqualifying offense listed
438 under chapter 435 or an act of domestic violence, terminates the
439 employee against whom the report was issued, whether or not the
440 employee has filed for an exemption with the Department of
441 Health or the Agency for Health Care Administration.
442 Section 6. Subsection (9) of section 400.506, Florida
443 Statutes, is amended to read:
444 400.506 Licensure of nurse registries; requirements;
445 penalties.—
446 (9) Each nurse registry must comply with the background
447 screening requirements procedures set forth in s. 400.512 for
448 maintaining records of the work history of all persons referred
449 for contract and is subject to the standards and conditions set
450 forth in that section. However, an initial screening may not be
451 required for persons who have been continuously registered with
452 the nurse registry since October 1, 2000.
453 Section 7. Section 400.512, Florida Statutes, is amended to
454 read:
455 400.512 Screening of home health agency personnel; nurse
456 registry personnel; and companions and homemakers.—The agency
457 shall require level 2 background screening for personnel as
458 required in s. 408.809(1)(e) pursuant to chapter 435 and s.
459 408.809 employment or contractor screening as provided in
460 chapter 435, using the level 1 standards for screening set forth
461 in that chapter, for home health agency personnel; persons
462 referred for employment by nurse registries; and persons
463 employed by companion or homemaker services registered under s.
464 400.509.
465 (1)(a) The Agency for Health Care Administration may, upon
466 request, grant exemptions from disqualification from employment
467 or contracting under this section as provided in s. 435.07,
468 except for health care practitioners licensed by the Department
469 of Health or a regulatory board within that department.
470 (b) The appropriate regulatory board within the Department
471 of Health, or that department itself when there is no board,
472 may, upon request of the licensed health care practitioner,
473 grant exemptions from disqualification from employment or
474 contracting under this section as provided in s. 435.07.
475 (2) The administrator of each home health agency, the
476 managing employee of each nurse registry, and the managing
477 employee of each companion or homemaker service registered under
478 s. 400.509 must sign an affidavit annually, under penalty of
479 perjury, stating that all personnel hired or contracted with or
480 registered on or after October 1, 2000, who enter the home of a
481 patient or client in their service capacity have been screened.
482 (3) As a prerequisite to operating as a home health agency,
483 nurse registry, or companion or homemaker service under s.
484 400.509, the administrator or managing employee, respectively,
485 must submit to the agency his or her name and any other
486 information necessary to conduct a complete screening according
487 to this section. The agency shall submit the information to the
488 Department of Law Enforcement for state processing. The agency
489 shall review the record of the administrator or manager with
490 respect to the offenses specified in this section and shall
491 notify the owner of its findings. If disposition information is
492 missing on a criminal record, the administrator or manager, upon
493 request of the agency, must obtain and supply within 30 days the
494 missing disposition information to the agency. Failure to supply
495 missing information within 30 days or to show reasonable efforts
496 to obtain such information will result in automatic
497 disqualification.
498 (4) Proof of compliance with the screening requirements of
499 chapter 435 shall be accepted in lieu of the requirements of
500 this section if the person has been continuously employed or
501 registered without a breach in service that exceeds 180 days,
502 the proof of compliance is not more than 2 years old, and the
503 person has been screened by the Department of Law Enforcement. A
504 home health agency, nurse registry, or companion or homemaker
505 service registered under s. 400.509 shall directly provide proof
506 of compliance to another home health agency, nurse registry, or
507 companion or homemaker service registered under s. 400.509. The
508 recipient home health agency, nurse registry, or companion or
509 homemaker service registered under s. 400.509 may not accept any
510 proof of compliance directly from the person who requires
511 screening. Proof of compliance with the screening requirements
512 of this section shall be provided upon request to the person
513 screened by the home health agencies; nurse registries; or
514 companion or homemaker services registered under s. 400.509.
515 (5) There is no monetary liability on the part of, and no
516 cause of action for damages arises against, a licensed home
517 health agency, licensed nurse registry, or companion or
518 homemaker service registered under s. 400.509, that, upon notice
519 that the employee or contractor has been found guilty of,
520 regardless of adjudication, or entered a plea of nolo contendere
521 or guilty to, any offense prohibited under s. 435.03 or under
522 any similar statute of another jurisdiction, terminates the
523 employee or contractor, whether or not the employee or
524 contractor has filed for an exemption with the agency in
525 accordance with chapter 435 and whether or not the time for
526 filing has expired.
527 (6) The costs of processing the statewide correspondence
528 criminal records checks must be borne by the home health agency;
529 the nurse registry; or the companion or homemaker service
530 registered under s. 400.509, or by the person being screened, at
531 the discretion of the home health agency, nurse registry, or s.
532 400.509 registrant.
533 Section 8. Section 400.6065, Florida Statutes, is amended
534 to read:
535 400.6065 Background screening.—The agency shall require
536 level 2 background employment or contractor screening for
537 personnel as required in s. 408.809(1)(e) pursuant to chapter
538 435 and s. 408.809 as provided in chapter 435, using the level 1
539 standards for screening set forth in that chapter, for hospice
540 personnel.
541 Section 9. Subsection (2) of section 400.801, Florida
542 Statutes, is amended to read:
543 400.801 Homes for special services.—
544 (2)(a) The requirements of part II of chapter 408 apply to
545 the provision of services that require licensure pursuant to
546 this section and part II of chapter 408 and entities licensed by
547 or applying for such licensure from the agency pursuant to this
548 section. A license issued by the agency is required in order to
549 operate a home for special services in this state.
550 (b) The agency shall require level 2 background screening
551 for personnel as required in s. 408.809(1)(e) pursuant to
552 chapter 435 and s. 408.809.
553 Section 10. Paragraph (d) is added to subsection (2) of
554 section 400.805, Florida Statutes, to read:
555 400.805 Transitional living facilities.—
556 (2)
557 (d) The agency shall require level 2 background screening
558 for personnel as required in s. 408.809(1)(e) pursuant to
559 chapter 435 and s. 408.809.
560 Section 11. Section 400.9065, Florida Statutes, is created
561 to read:
562 400.9065 Background screening.—The agency shall require
563 level 2 background screening for personnel as required in s.
564 408.809(1)(e) pursuant to chapter 435 and s. 408.809.
565 Section 12. Subsection (16) of section 400.934, Florida
566 Statutes, is amended to read:
567 400.934 Minimum standards.—As a requirement of licensure,
568 home medical equipment providers shall:
569 (16) Establish procedures for maintaining a record of the
570 employment history, including background screening as required
571 by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
572 medical equipment provider personnel. A home medical equipment
573 provider must require its personnel to submit an employment
574 history to the home medical equipment provider and must verify
575 the employment history for at least the previous 5 years, unless
576 through diligent efforts such verification is not possible.
577 There is no monetary liability on the part of, and no cause of
578 action for damages arising against a former employer, a
579 prospective employee, or a prospective independent contractor
580 with a licensed home medical equipment provider, who reasonably
581 and in good faith communicates his or her honest opinions about
582 a former employee’s job performance. This subsection does not
583 affect the official immunity of an officer or employee of a
584 public corporation.
585 Section 13. Section 400.953, Florida Statutes, is amended
586 to read:
587 400.953 Background screening of home medical equipment
588 provider personnel.—The agency shall require level 2 background
589 screening for personnel as required in s. 408.809(1)(e) pursuant
590 to chapter 435 and s. 408.809 employment screening as provided
591 in chapter 435, using the level 1 standards for screening set
592 forth in that chapter, for home medical equipment provider
593 personnel.
594 (1) The agency may grant exemptions from disqualification
595 from employment under this section as provided in s. 435.07.
596 (2) The general manager of each home medical equipment
597 provider must sign an affidavit annually, under penalty of
598 perjury, stating that all home medical equipment provider
599 personnel hired on or after July 1, 1999, who enter the home of
600 a patient in the capacity of their employment have been screened
601 and that its remaining personnel have worked for the home
602 medical equipment provider continuously since before July 1,
603 1999.
604 (3) Proof of compliance with the screening requirements of
605 s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
606 s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
607 must be accepted in lieu of the requirements of this section if
608 the person has been continuously employed in the same type of
609 occupation for which he or she is seeking employment without a
610 breach in service that exceeds 180 days, the proof of compliance
611 is not more than 2 years old, and the person has been screened
612 by the Department of Law Enforcement. An employer or contractor
613 shall directly provide proof of compliance to another employer
614 or contractor, and a potential employer or contractor may not
615 accept any proof of compliance directly from the person
616 requiring screening. Proof of compliance with the screening
617 requirements of this section shall be provided, upon request, to
618 the person screened by the home medical equipment provider.
619 (4) There is no monetary liability on the part of, and no
620 cause of action for damages arising against, a licensed home
621 medical equipment provider that, upon notice that an employee
622 has been found guilty of, regardless of adjudication, or entered
623 a plea of nolo contendere or guilty to, any offense prohibited
624 under s. 435.03 or under any similar statute of another
625 jurisdiction, terminates the employee, whether or not the
626 employee has filed for an exemption with the agency and whether
627 or not the time for filing has expired.
628 (5) The costs of processing the statewide correspondence
629 criminal records checks must be borne by the home medical
630 equipment provider or by the person being screened, at the
631 discretion of the home medical equipment provider.
632 (6) Neither the agency nor the home medical equipment
633 provider may use the criminal records or juvenile records of a
634 person for any purpose other than determining whether that
635 person meets minimum standards of good moral character for home
636 medical equipment provider personnel.
637 (7)(a) It is a misdemeanor of the first degree, punishable
638 as provided in s. 775.082 or s. 775.083, for any person
639 willfully, knowingly, or intentionally to:
640 1. Fail, by false statement, misrepresentation,
641 impersonation, or other fraudulent means, to disclose in any
642 application for paid employment a material fact used in making a
643 determination as to the person’s qualifications to be an
644 employee under this section;
645 2. Operate or attempt to operate an entity licensed under
646 this part with persons who do not meet the minimum standards for
647 good moral character as contained in this section; or
648 3. Use information from the criminal records obtained under
649 this section for any purpose other than screening that person
650 for employment as specified in this section, or release such
651 information to any other person for any purpose other than
652 screening for employment under this section.
653 (b) It is a felony of the third degree, punishable as
654 provided in s. 775.082, s. 775.083, or s. 775.084, for any
655 person willfully, knowingly, or intentionally to use information
656 from the juvenile records of a person obtained under this
657 section for any purpose other than screening for employment
658 under this section.
659 Section 14. Section 400.955, Florida Statutes, is repealed.
660 Section 15. Section 400.964, Florida Statutes, is amended
661 to read:
662 400.964 Personnel screening requirement.—
663 (1) The agency shall require level 2 background screening
664 for personnel as required in s. 408.809(1)(e) pursuant to
665 chapter 435 and s. 408.809 as provided in chapter 435 for all
666 employees or prospective employees of facilities licensed under
667 this part who are expected to be, or whose responsibilities are
668 such that they would be considered to be, a direct service
669 provider.
670 (2) Employers and employees shall comply with the
671 requirements of chapter 435.
672 (3) Applicants and employees shall be excluded from
673 employment pursuant to s. 435.06.
674 (4) The applicant is responsible for paying the fees
675 associated with obtaining the required screening. Payment for
676 the screening must be submitted to the agency as prescribed by
677 the agency.
678 (5) Notwithstanding any other provision of law, persons who
679 have been screened and qualified as required by this section and
680 who have not been unemployed for more than 180 days thereafter,
681 and who under penalty of perjury attest to not having been
682 convicted of a disqualifying offense since the completion of
683 such screening are not required to be rescreened. An employer
684 may obtain, pursuant to s. 435.10, written verification of
685 qualifying screening results from the previous employer or other
686 entity that caused such screening to be performed.
687 (6) The agency may adopt rules to administer this section.
688 (7) All employees must comply with the requirements of this
689 section by October 1, 2000. A person employed by a facility
690 licensed pursuant to this part as of the effective date of this
691 act is not required to submit to rescreening if the facility has
692 in its possession written evidence that the person has been
693 screened and qualified according to level 1 standards as
694 specified in s. 435.03. Any current employee who meets the level
695 1 requirement but does not meet the 5-year residency requirement
696 must provide to the employing facility written attestation under
697 penalty of perjury that the employee has not been convicted of a
698 disqualifying offense in another state or jurisdiction. All
699 applicants hired on or after October 1, 1999, must comply with
700 the requirements of this section.
701 (8) There is no monetary or unemployment liability on the
702 part of, and no cause of action for damages arises against an
703 employer that, upon notice of a disqualifying offense listed
704 under chapter 435 or an act of domestic violence, terminates the
705 employee, whether or not the employee has filed for an exemption
706 with the Department of Health or the Agency for Health Care
707 Administration.
708 Section 16. Subsection (3) of section 400.980, Florida
709 Statutes, is amended to read:
710 400.980 Health care services pools.—
711 (3) Upon receipt of a completed, signed, and dated
712 application, The agency shall require level 2 background
713 screening for personnel as required in s. 408.809(1)(e) pursuant
714 to chapter 435 and s. 408.809, in accordance with the level 1
715 standards for screening set forth in chapter 435, of every
716 individual who will have contact with patients.
717 Section 17. Subsection (5) of section 400.991, Florida
718 Statutes, is amended to read:
719 400.991 License requirements; background screenings;
720 prohibitions.—
721 (5) Each applicant for licensure shall comply with the
722 following requirements:
723 (a) As used in this subsection, the term “applicant” means
724 individuals owning or controlling, directly or indirectly, 5
725 percent or more of an interest in a clinic; the medical or
726 clinic director, or a similarly titled person who is responsible
727 for the day-to-day operation of the licensed clinic; the
728 financial officer or similarly titled individual who is
729 responsible for the financial operation of the clinic; and
730 licensed health care practitioners at the clinic.
731 (b) Upon receipt of a completed, signed, and dated
732 application, The agency shall require level 2 background
733 screening for applicants and personnel as required in s.
734 408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
735 applicant, in accordance with the level 2 standards for
736 screening set forth in chapter 435. Proof of compliance with the
737 level 2 background screening requirements of chapter 435 which
738 has been submitted within the previous 5 years in compliance
739 with any other health care licensure requirements of this state
740 is acceptable in fulfillment of this paragraph. Applicants who
741 own less than 10 percent of a health care clinic are not
742 required to submit fingerprints under this section.
743 (c) Each applicant must submit to the agency, with the
744 application, a description and explanation of any exclusions,
745 permanent suspensions, or terminations of an applicant from the
746 Medicare or Medicaid programs. Proof of compliance with the
747 requirements for disclosure of ownership and control interest
748 under the Medicaid or Medicare programs may be accepted in lieu
749 of this submission. The description and explanation may indicate
750 whether such exclusions, suspensions, or terminations were
751 voluntary or not voluntary on the part of the applicant.
752 (d) A license may not be granted to a clinic if the
753 applicant has been found guilty of, regardless of adjudication,
754 or has entered a plea of nolo contendere or guilty to, any
755 offense prohibited under the level 2 standards for screening set
756 forth in chapter 435, or a violation of insurance fraud under s.
757 817.234, within the past 5 years. If the applicant has been
758 convicted of an offense prohibited under the level 2 standards
759 or insurance fraud in any jurisdiction, the applicant must show
760 that his or her civil rights have been restored prior to
761 submitting an application.
762 Section 18. Paragraph (h) is added to subsection (1) of
763 section 408.806, Florida Statutes, to read:
764 408.806 License application process.—
765 (1) An application for licensure must be made to the agency
766 on forms furnished by the agency, submitted under oath, and
767 accompanied by the appropriate fee in order to be accepted and
768 considered timely. The application must contain information
769 required by authorizing statutes and applicable rules and must
770 include:
771 (h) An affidavit, under penalty of perjury, as required in
772 s. 435.05(3), stating compliance with the provisions of this
773 section and chapter 435.
774 Section 19. Subsection (2) of section 408.808, Florida
775 Statutes, is amended to read:
776 408.808 License categories.—
777 (2) PROVISIONAL LICENSE.—A provisional license may be
778 issued to an applicant pursuant to s. 408.809(3). An applicant
779 against whom a proceeding denying or revoking a license is
780 pending at the time of license renewal may be issued a
781 provisional license effective until final action not subject to
782 further appeal. A provisional license may also be issued to an
783 applicant applying for a change of ownership. A provisional
784 license shall be limited in duration to a specific period of
785 time, not to exceed 12 months, as determined by the agency.
786 Section 20. Section 408.809, Florida Statutes, is amended
787 to read:
788 408.809 Background screening; prohibited offenses.—
789 (1) Level 2 background screening pursuant to chapter 435
790 must be conducted through the agency on each of the following
791 persons, who shall be considered an employee for the purposes of
792 conducting screening under chapter 435:
793 (a) The licensee, if an individual.
794 (b) The administrator or a similarly titled person who is
795 responsible for the day-to-day operation of the provider.
796 (c) The financial officer or similarly titled individual
797 who is responsible for the financial operation of the licensee
798 or provider.
799 (d) Any person who is a controlling interest if the agency
800 has reason to believe that such person has been convicted of any
801 offense prohibited by s. 435.04. For each controlling interest
802 who has been convicted of any such offense, the licensee shall
803 submit to the agency a description and explanation of the
804 conviction at the time of license application.
805 (e) Any person, as required by authorizing statutes,
806 seeking employment with a licensee or provider who is expected
807 to, or whose responsibilities may require him or her to, provide
808 personal care or services directly to clients or have access to
809 client funds, personal property, or living areas; and any
810 person, as required by authorizing statutes, contracting with a
811 licensee or provider whose responsibilities require him or her
812 to provide personal care or personal services directly to
813 clients. Evidence of contractor screening may be retained by the
814 contractor’s employer or the licensee.
815 (2) Every 5 years following his or her licensure,
816 employment, or entry into a contract in a capacity that under
817 subsection (1) would require level 2 background screening under
818 chapter 435, each such person must submit to level 2 background
819 rescreening as a condition of retaining such license or
820 continuing in such employment or contractual status. For any
821 such rescreening, the agency shall request the Department of Law
822 Enforcement to forward the person’s fingerprints to the Federal
823 Bureau of Investigation for a national criminal history record
824 check. If the fingerprints of such a person are not retained by
825 the Department of Law Enforcement under s. 943.05(2)(g), the
826 person must file a complete set of fingerprints with the agency
827 and the agency shall forward the fingerprints to the Department
828 of Law Enforcement for state processing, and the Department of
829 Law Enforcement shall forward the fingerprints to the Federal
830 Bureau of Investigation for a national criminal history record
831 check. The fingerprints may be retained by the Department of Law
832 Enforcement under s. 943.05(2)(g). The cost of the state and
833 national criminal history records checks required by level 2
834 screening may be borne by the licensee or the person
835 fingerprinted. Proof of compliance with level 2 screening
836 standards submitted within the previous 5 years to meet any
837 provider or professional licensure requirements of the agency,
838 the Department of Health, the Agency for Persons with
839 Disabilities, or the Department of Children and Family Services,
840 or the Department of Financial Services for an applicant for a
841 certificate of authority or provisional certificate of authority
842 to operate a continuing care retirement community under chapter
843 651 satisfies the requirements of this section, provided that
844 the person subject to screening has not been unemployed for more
845 than 90 days and such proof is accompanied, under penalty of
846 perjury, by an affidavit of compliance with the provisions of
847 chapter 435 and this section using forms provided by the agency.
848 Proof of compliance with the background screening requirements
849 of the Department of Financial Services submitted within the
850 previous 5 years for an applicant for a certificate of authority
851 to operate a continuing care retirement community under chapter
852 651 satisfies the Department of Law Enforcement and Federal
853 Bureau of Investigation portions of a level 2 background check.
854 (3) All fingerprints must be provided in electronic format.
855 Screening results shall be reviewed by the agency with respect
856 to the offenses specified in s. 435.04 and this section, and the
857 qualifying or disqualifying status of the person named in the
858 request shall be maintained in a database. The qualifying or
859 disqualifying status of the person named in the request shall be
860 posted on a secure website for retrieval by the licensee or
861 designated agent on the licensee’s behalf. A provisional license
862 may be granted to an applicant when each individual required by
863 this section to undergo background screening has met the
864 standards for the Department of Law Enforcement background check
865 but the agency has not yet received background screening results
866 from the Federal Bureau of Investigation. A standard license may
867 be granted to the licensee upon the agency’s receipt of a report
868 of the results of the Federal Bureau of Investigation background
869 screening for each individual required by this section to
870 undergo background screening that confirms that all standards
871 have been met or upon the granting of an exemption from
872 disqualification by the agency as set forth in chapter 435.
873 (4) When a person is newly employed in a capacity that
874 requires screening under this section, the licensee must notify
875 the agency of the change within the time period specified in the
876 authorizing statute or rules and must submit to the agency
877 information necessary to conduct level 2 screening or provide
878 evidence of compliance with background screening requirements of
879 this section. The person may serve in his or her capacity
880 pending the agency’s receipt of the report from the Federal
881 Bureau of Investigation if he or she has met the standards for
882 the Department of Law Enforcement background check. However, the
883 person may not continue to serve in his or her capacity if the
884 report indicates any violation of background screening standards
885 unless an exemption from disqualification has been granted by
886 the agency as set forth in chapter 435.
887 (4)(5) Effective October 1, 2009, In addition to the
888 offenses listed in s. ss. 435.03 and 435.04, all persons
889 required to undergo background screening pursuant to this part
890 or authorizing statutes must not have an arrest awaiting final
891 disposition for, must not have been found guilty of, regardless
892 of adjudication, or entered a plea of nolo contendere or guilty
893 to, and must not have been adjudicated delinquent and the record
894 not have been sealed or expunged for any of the following
895 offenses or any similar offense of another jurisdiction:
896 (a) Any authorizing statutes, if the offense was a felony.
897 (b) This chapter, if the offense was a felony.
898 (c) Section 409.920, relating to Medicaid provider fraud,
899 if the offense was a felony.
900 (d) Section 409.9201, relating to Medicaid fraud, if the
901 offense was a felony.
902 (e) Section 741.28, relating to domestic violence.
903 (f) Chapter 784, relating to assault, battery, and culpable
904 negligence, if the offense was a felony.
905 (g) Section 810.02, relating to burglary.
906 (f)(h) Section 817.034, relating to fraudulent acts through
907 mail, wire, radio, electromagnetic, photoelectronic, or
908 photooptical systems.
909 (g)(i) Section 817.234, relating to false and fraudulent
910 insurance claims.
911 (h)(j) Section 817.505, relating to patient brokering.
912 (i)(k) Section 817.568, relating to criminal use of
913 personal identification information.
914 (j)(l) Section 817.60, relating to obtaining a credit card
915 through fraudulent means.
916 (k)(m) Section 817.61, relating to fraudulent use of credit
917 cards, if the offense was a felony.
918 (l)(n) Section 831.01, relating to forgery.
919 (m)(o) Section 831.02, relating to uttering forged
920 instruments.
921 (n)(p) Section 831.07, relating to forging bank bills,
922 checks, drafts, or promissory notes.
923 (o)(q) Section 831.09, relating to uttering forged bank
924 bills, checks, drafts, or promissory notes.
925 (p)(r) Section 831.30, relating to fraud in obtaining
926 medicinal drugs.
927 (q)(s) Section 831.31, relating to the sale, manufacture,
928 delivery, or possession with the intent to sell, manufacture, or
929 deliver any counterfeit controlled substance, if the offense was
930 a felony.
931
932 A person who serves as a controlling interest of, or is employed
933 by, or contracts with a licensee on June 30, 2010 September 30,
934 2009, who has been screened and qualified according to standards
935 specified in s. 435.03 or s. 435.04 must be rescreened by June
936 30, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
937 and 120.54 to establish a schedule to stagger the implementation
938 of the required rescreening over the 5-year period starting June
939 30, 2010, through June 30, 2015. is not required by law to
940 submit to rescreening if that licensee has in its possession
941 written evidence that the person has been screened and qualified
942 according to the standards specified in s. 435.03 or s. 435.04.
943 However, if such person has a disqualifying offense listed in
944 this section, he or she may apply for an exemption from the
945 appropriate licensing agency before September 30, 2009, and if
946 agreed to by the employer, may continue to perform his or her
947 duties until the licensing agency renders a decision on the
948 application for exemption for offenses listed in this section.
949 Exemptions from disqualification may be granted pursuant to s.
950 435.07.
951 (5)(6) The costs associated with obtaining the required
952 screening must be borne either by the licensee or the person
953 subject to screening. Licensees may reimburse persons for these
954 costs. The Department of Law Enforcement shall charge the agency
955 for screening pursuant to s. 943.053(3). The agency shall
956 establish a schedule of fees to cover the costs of screening The
957 attestations required under ss. 435.04(5) and 435.05(3) must be
958 submitted at the time of license renewal, notwithstanding the
959 provisions of ss. 435.04(5) and 435.05(3) which require annual
960 submission of an affidavit of compliance with background
961 screening requirements.
962 (6)(a) As provided in chapter 435, the agency may grant an
963 exemption from disqualification to a person who is subject to
964 this section and who has not received a professional license or
965 certification from the Department of Health if that person is
966 providing a service that is within the scope of his or her
967 licensed or certified practice.
968 (b) As provided in chapter 435, the appropriate regulatory
969 board within the Department of Health, or the department itself
970 when there is no board, may grant an exemption from
971 disqualification to a person who is subject to this section and
972 who has received a professional license or certification from
973 the Department of Health or a regulatory board within that
974 department and that person is providing a service within the
975 scope of his or her licensed or certified practice.
976 (7) The agency and the Department of Health may adopt rules
977 pursuant to ss. 120.536(1) and 120.54 to implement this section,
978 chapter 435, and authorizing statutes requiring background
979 screening and to implement and adopt criteria relating to
980 retaining fingerprints pursuant to s. 943.05(2).
981 (8) There is no unemployment compensation or other monetary
982 liability on the part of, and no cause of action for damages
983 arising against, an employer that, upon notice of a
984 disqualifying offense listed under chapter 435 or this section,
985 terminates the person against whom the report was issued,
986 whether or not that person has filed for an exemption with the
987 Department of Health or the agency.
988 Section 21. Paragraph (k) of subsection (2) of section
989 409.175, Florida Statutes, is amended, present paragraphs (b)
990 and (c) of subsection (5) of that section are redesignated as
991 paragraphs (c) and (d), respectively, and a new paragraph (b) is
992 added to that section, to read:
993 409.175 Licensure of family foster homes, residential
994 child-caring agencies, and child-placing agencies; public
995 records exemption.—
996 (2) As used in this section, the term:
997 (k) “Screening” means the act of assessing the background
998 of personnel and includes, but is not limited to, employment
999 history checks as provided in chapter 435, using the level 2
1000 standards for screening set forth in that chapter. Screening for
1001 employees and volunteers in summer day camps and summer 24-hour
1002 camps and screening for all volunteers included under the
1003 definition of “personnel” shall be conducted as provided in
1004 chapter 435, using the level 2 level 1 standards set forth in
1005 that chapter.
1006 (5)
1007 (b) The department shall require all foster parent
1008 applicants and current foster parents to be drug tested pursuant
1009 to the procedures and requirements of s. 112.0455, the Drug-Free
1010 Workplace Act. The department may adopt rules, policies, and
1011 procedures necessary to administer this paragraph.
1012 Section 22. Paragraph (i) of subsection (4) of section
1013 409.221, Florida Statutes, is amended to read:
1014 409.221 Consumer-directed care program.—
1015 (4) CONSUMER-DIRECTED CARE.—
1016 (i) Background screening requirements.—All persons who
1017 render care under this section must undergo level 2 background
1018 screening pursuant to chapter 435 shall comply with the
1019 requirements of s. 435.05. Persons shall be excluded from
1020 employment pursuant to s. 435.06.
1021 1. Persons excluded from employment may request an
1022 exemption from disqualification, as provided in s. 435.07.
1023 Persons not subject to certification or professional licensure
1024 may request an exemption from the agency. In considering a
1025 request for an exemption, the agency shall comply with the
1026 provisions of s. 435.07.
1027 2. The agency shall, as allowable, reimburse consumer
1028 employed caregivers for the cost of conducting background
1029 screening as required by this section.
1030
1031 For purposes of this section, a person who has undergone
1032 screening, who is qualified for employment under this section
1033 and applicable rule, and who has not been unemployed for more
1034 than 90 180 days following such screening is not required to be
1035 rescreened. Such person must attest under penalty of perjury to
1036 not having been convicted of a disqualifying offense since
1037 completing such screening.
1038 Section 23. Subsection (8) of section 409.907, Florida
1039 Statutes, is amended to read:
1040 409.907 Medicaid provider agreements.—The agency may make
1041 payments for medical assistance and related services rendered to
1042 Medicaid recipients only to an individual or entity who has a
1043 provider agreement in effect with the agency, who is performing
1044 services or supplying goods in accordance with federal, state,
1045 and local law, and who agrees that no person shall, on the
1046 grounds of handicap, race, color, or national origin, or for any
1047 other reason, be subjected to discrimination under any program
1048 or activity for which the provider receives payment from the
1049 agency.
1050 (8)(a) Each provider, or each principal of the provider if
1051 the provider is a corporation, partnership, association, or
1052 other entity, seeking to participate in the Medicaid program
1053 must submit a complete set of his or her fingerprints to the
1054 agency for the purpose of conducting a criminal history record
1055 check. Principals of the provider include any officer, director,
1056 billing agent, managing employee, or affiliated person, or any
1057 partner or shareholder who has an ownership interest equal to 5
1058 percent or more in the provider. However, a director of a not
1059 for-profit corporation or organization is not a principal for
1060 purposes of a background investigation as required by this
1061 section if the director: serves solely in a voluntary capacity
1062 for the corporation or organization, does not regularly take
1063 part in the day-to-day operational decisions of the corporation
1064 or organization, receives no remuneration from the not-for
1065 profit corporation or organization for his or her service on the
1066 board of directors, has no financial interest in the not-for
1067 profit corporation or organization, and has no family members
1068 with a financial interest in the not-for-profit corporation or
1069 organization; and if the director submits an affidavit, under
1070 penalty of perjury, to this effect to the agency and the not
1071 for-profit corporation or organization submits an affidavit,
1072 under penalty of perjury, to this effect to the agency as part
1073 of the corporation’s or organization’s Medicaid provider
1074 agreement application. Notwithstanding the above, the agency may
1075 require a background check for any person reasonably suspected
1076 by the agency to have been convicted of a crime. This subsection
1077 shall not apply to:
1078 1. A hospital licensed under chapter 395;
1079 2. A nursing home licensed under chapter 400;
1080 3. A hospice licensed under chapter 400;
1081 4. An assisted living facility licensed under chapter 429;
1082 5. A unit of local government, except that requirements of
1083 this subsection apply to nongovernmental providers and entities
1084 when contracting with the local government to provide Medicaid
1085 services. The actual cost of the state and national criminal
1086 history record checks must be borne by the nongovernmental
1087 provider or entity; or
1088 6. Any business that derives more than 50 percent of its
1089 revenue from the sale of goods to the final consumer, and the
1090 business or its controlling parent either is required to file a
1091 form 10-K or other similar statement with the Securities and
1092 Exchange Commission or has a net worth of $50 million or more.
1093 (b) Background screening shall be conducted in accordance
1094 with chapter 435 and s. 408.809. The agency shall submit the
1095 fingerprints to the Department of Law Enforcement. The
1096 department shall conduct a state criminal-background
1097 investigation and forward the fingerprints to the Federal Bureau
1098 of Investigation for a national criminal-history record check.
1099 The cost of the state and national criminal record check shall
1100 be borne by the provider.
1101 (c) The agency may permit a provider to participate in the
1102 Medicaid program pending the results of the criminal record
1103 check. However, such permission is fully revocable if the record
1104 check reveals any crime-related history as provided in
1105 subsection (10).
1106 (c)(d) Proof of compliance with the requirements of level 2
1107 screening under chapter 435 s. 435.04 conducted within 12 months
1108 prior to the date that the Medicaid provider application is
1109 submitted to the agency shall fulfill the requirements of this
1110 subsection. Proof of compliance with the requirements of level 1
1111 screening under s. 435.03 conducted within 12 months prior to
1112 the date that the Medicaid provider application is submitted to
1113 the agency shall meet the requirement that the Department of Law
1114 Enforcement conduct a state criminal history record check.
1115 Section 24. Subsection (1) of section 429.14, Florida
1116 Statutes, is amended to read:
1117 429.14 Administrative penalties.—
1118 (1) In addition to the requirements of part II of chapter
1119 408, the agency may deny, revoke, and suspend any license issued
1120 under this part and impose an administrative fine in the manner
1121 provided in chapter 120 against a licensee of an assisted living
1122 facility for a violation of any provision of this part, part II
1123 of chapter 408, or applicable rules, or for any of the following
1124 actions by a licensee of an assisted living facility, for the
1125 actions of any person subject to level 2 background screening
1126 under s. 408.809, or for the actions of any facility employee:
1127 (a) An intentional or negligent act seriously affecting the
1128 health, safety, or welfare of a resident of the facility.
1129 (b) The determination by the agency that the owner lacks
1130 the financial ability to provide continuing adequate care to
1131 residents.
1132 (c) Misappropriation or conversion of the property of a
1133 resident of the facility.
1134 (d) Failure to follow the criteria and procedures provided
1135 under part I of chapter 394 relating to the transportation,
1136 voluntary admission, and involuntary examination of a facility
1137 resident.
1138 (e) A citation of any of the following deficiencies as
1139 specified in s. 429.19:
1140 1. One or more cited class I deficiencies.
1141 2. Three or more cited class II deficiencies.
1142 3. Five or more cited class III deficiencies that have been
1143 cited on a single survey and have not been corrected within the
1144 times specified.
1145 (f) Failure to comply with the A determination that a
1146 person subject to level 2 background screening under s. 408.809
1147 does not meet the screening standards of this part, s.
1148 408.809(1), chapter 435 s. 435.04 or that the facility is
1149 retaining an employee subject to level 1 background screening
1150 standards under s. 429.174 who does not meet the screening
1151 standards of s. 435.03 and for whom exemptions from
1152 disqualification have not been provided by the agency.
1153 (g) A determination that an employee, volunteer,
1154 administrator, or owner, or person who otherwise has access to
1155 the residents of a facility does not meet the criteria specified
1156 in s. 435.03(2), and the owner or administrator has not taken
1157 action to remove the person. Exemptions from disqualification
1158 may be granted as set forth in s. 435.07. No administrative
1159 action may be taken against the facility if the person is
1160 granted an exemption.
1161 (g)(h) Violation of a moratorium.
1162 (h)(i) Failure of the license applicant, the licensee
1163 during relicensure, or a licensee that holds a provisional
1164 license to meet the minimum license requirements of this part,
1165 or related rules, at the time of license application or renewal.
1166 (i)(j) An intentional or negligent life-threatening act in
1167 violation of the uniform firesafety standards for assisted
1168 living facilities or other firesafety standards that threatens
1169 the health, safety, or welfare of a resident of a facility, as
1170 communicated to the agency by the local authority having
1171 jurisdiction or the State Fire Marshal.
1172 (j)(k) Knowingly operating any unlicensed facility or
1173 providing without a license any service that must be licensed
1174 under this chapter or chapter 400.
1175 (k)(l) Any act constituting a ground upon which application
1176 for a license may be denied.
1177 Section 25. Section 429.174, Florida Statutes, is amended
1178 to read:
1179 429.174 Background screening; exemptions.—The agency shall
1180 require level 2 background screening for personnel as required
1181 in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
1182 owner or administrator of an assisted living facility must
1183 conduct level 1 background screening, as set forth in chapter
1184 435, on all employees hired on or after October 1, 1998, who
1185 perform personal services as defined in s. 429.02(16). The
1186 agency may exempt an individual from employment disqualification
1187 as set forth in chapter 435. Such persons shall be considered as
1188 having met this requirement if:
1189 (1) Proof of compliance with level 1 screening requirements
1190 obtained to meet any professional license requirements in this
1191 state is provided and accompanied, under penalty of perjury, by
1192 a copy of the person’s current professional license and an
1193 affidavit of current compliance with the background screening
1194 requirements.
1195 (2) The person required to be screened has been
1196 continuously employed in the same type of occupation for which
1197 the person is seeking employment without a breach in service
1198 which exceeds 180 days, and proof of compliance with the level 1
1199 screening requirement which is no more than 2 years old is
1200 provided. Proof of compliance shall be provided directly from
1201 one employer or contractor to another, and not from the person
1202 screened. Upon request, a copy of screening results shall be
1203 provided by the employer retaining documentation of the
1204 screening to the person screened.
1205 (3) The person required to be screened is employed by a
1206 corporation or business entity or related corporation or
1207 business entity that owns, operates, or manages more than one
1208 facility or agency licensed under this chapter, and for whom a
1209 level 1 screening was conducted by the corporation or business
1210 entity as a condition of initial or continued employment.
1211 Section 26. Subsection (4) of section 429.67, Florida
1212 Statutes, is amended to read:
1213 429.67 Licensure.—
1214 (4) Upon receipt of a completed license application or
1215 license renewal, and the fee, The agency shall require level 2
1216 initiate a level 1 background screening for personnel as
1217 required in s. 408.809(1)(e), including as provided under
1218 chapter 435 on the adult family-care home provider, the
1219 designated relief person, and all adult household members,
1220 pursuant to chapter 435 and s. 408.809, and all staff members.
1221 (a) Proof of compliance with level 1 screening standards
1222 which has been submitted within the previous 5 years to meet any
1223 facility or professional licensure requirements of the agency or
1224 the Department of Health satisfies the requirements of this
1225 subsection. Such proof must be accompanied, under penalty of
1226 perjury, by a copy of the person’s current professional license
1227 and an affidavit of current compliance with the background
1228 screening requirements.
1229 (b) The person required to be screened must have been
1230 continuously employed in the same type of occupation for which
1231 the person is seeking employment without a breach in service
1232 that exceeds 180 days, and proof of compliance with the level 1
1233 screening requirement which is no more than 2 years old must be
1234 provided. Proof of compliance shall be provided directly from
1235 one employer or contractor to another, and not from the person
1236 screened. Upon request, a copy of screening results shall be
1237 provided to the person screened by the employer retaining
1238 documentation of the screening.
1239 Section 27. Section 429.69, Florida Statutes, is amended to
1240 read:
1241 429.69 Denial, revocation, and suspension of a license.—In
1242 addition to the requirements of part II of chapter 408, the
1243 agency may deny, suspend, and revoke a license for any of the
1244 following reasons:
1245 (1) Failure to comply with the of any of the persons
1246 required to undergo background screening standards of this part,
1247 s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1248 1 screening standards of s. 435.03, unless an exemption from
1249 disqualification has been provided by the agency.
1250 (2) Failure to correct cited fire code violations that
1251 threaten the health, safety, or welfare of residents.
1252 Section 28. Paragraph (c) of subsection (2) of section
1253 429.911, Florida Statutes, is amended to read:
1254 429.911 Denial, suspension, revocation of license;
1255 emergency action; administrative fines; investigations and
1256 inspections.—
1257 (2) Each of the following actions by the owner of an adult
1258 day care center or by its operator or employee is a ground for
1259 action by the agency against the owner of the center or its
1260 operator or employee:
1261 (c) A Failure to comply with the of persons subject to
1262 level 2 background screening standards of this part, s.
1263 408.809(1), or chapter 435 under s. 408.809 to meet the
1264 screening standards of s. 435.04, or the retention by the center
1265 of an employee subject to level 1 background screening standards
1266 under s. 429.174 who does not meet the screening standards of s.
1267 435.03 and for whom exemptions from disqualification have not
1268 been provided by the agency.
1269 Section 29. Section 429.919, Florida Statutes, is amended
1270 to read:
1271 429.919 Background screening.—The agency shall require
1272 level 2 background screening for personnel as required in s.
1273 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
1274 or administrator of an adult day care center must conduct level
1275 1 background screening as set forth in chapter 435 on all
1276 employees hired on or after October 1, 1998, who provide basic
1277 services or supportive and optional services to the
1278 participants. Such persons satisfy this requirement if:
1279 (1) Proof of compliance with level 1 screening requirements
1280 obtained to meet any professional license requirements in this
1281 state is provided and accompanied, under penalty of perjury, by
1282 a copy of the person’s current professional license and an
1283 affidavit of current compliance with the background screening
1284 requirements.
1285 (2) The person required to be screened has been
1286 continuously employed, without a breach in service that exceeds
1287 180 days, in the same type of occupation for which the person is
1288 seeking employment and provides proof of compliance with the
1289 level 1 screening requirement which is no more than 2 years old.
1290 Proof of compliance must be provided directly from one employer
1291 or contractor to another, and not from the person screened. Upon
1292 request, a copy of screening results shall be provided to the
1293 person screened by the employer retaining documentation of the
1294 screening.
1295 (3) The person required to be screened is employed by a
1296 corporation or business entity or related corporation or
1297 business entity that owns, operates, or manages more than one
1298 facility or agency licensed under chapter 400 or this chapter,
1299 and for whom a level 1 screening was conducted by the
1300 corporation or business entity as a condition of initial or
1301 continued employment.
1302 Section 30. Section 430.60, Florida Statutes, is created to
1303 read:
1304 430.60 Screening of direct service providers.—
1305 (1)(a) Level 2 background screening pursuant to chapter 435
1306 is required for direct service providers. Background screening
1307 shall include employment history checks as provided in s.
1308 435.03(1) and local criminal records checks through local law
1309 enforcement agencies.
1310 (b) For purposes of this section, the term “direct service
1311 provider” means a person 18 years of age or older who is
1312 unrelated to his or her clients and who has direct, face-to-face
1313 contact with a client while providing services to the client and
1314 has access to the client’s living areas or to the client’s funds
1315 or personal property. The term includes coordinators, managers,
1316 and supervisors of residential facilities and volunteers.
1317 (2) Licensed physicians, nurses, or other professionals
1318 licensed by the Department of Health are not subject to
1319 background screening pursuant to this section if they are
1320 providing a service that is within the scope of their licensed
1321 practice.
1322 (3) Refusal on the part of an employer to dismiss a
1323 manager, supervisor, or direct service provider who has been
1324 found to be in noncompliance with standards of this section
1325 shall result in the automatic denial, termination, or revocation
1326 of the license or certification, rate agreement, purchase order,
1327 or contract, in addition to any other remedies authorized by
1328 law.
1329 (4) The background screening conducted pursuant to this
1330 section must ensure that, in addition to the disqualifying
1331 offenses listed in s. 435.04, no person subject to the
1332 provisions of this section has an arrest awaiting final
1333 disposition for, has been found guilty of, regardless of
1334 adjudication, or entered a plea of nolo contendere or guilty to,
1335 or has been adjudicated delinquent and the record has not been
1336 sealed or expunged for, any offense prohibited under any of the
1337 following provisions of the Florida Statutes or under any
1338 similar statute of another jurisdiction:
1339 (a) Any authorizing statutes, if the offense was a felony.
1340 (b) Section 409.920, relating to Medicaid provider fraud.
1341 (c) Section 409.9201, relating to Medicaid fraud.
1342 (d) Section 817.034, relating to fraudulent acts through
1343 mail, wire, radio, electromagnetic, photoelectronic, or
1344 photooptical systems.
1345 (e) Section 817.234, relating to false and fraudulent
1346 insurance claims.
1347 (f) Section 817.505, relating to patient brokering.
1348 (g) Section 817.568, relating to criminal use of personal
1349 identification information.
1350 (h) Section 817.60, relating to obtaining a credit card
1351 through fraudulent means.
1352 (i) Section 817.61, relating to fraudulent use of credit
1353 cards, if the offense was a felony.
1354 (j) Section 831.01, relating to forgery.
1355 (k) Section 831.02, relating to uttering forged
1356 instruments.
1357 (l) Section 831.07, relating to forging bank bills, checks,
1358 drafts, or promissory notes.
1359 (m) Section 831.09, relating to uttering forged bank bills,
1360 checks, drafts, or promissory notes.
1361 Section 31. Section 435.01, Florida Statutes, is amended to
1362 read:
1363 435.01 Applicability of this chapter; statutory references;
1364 rulemaking.—
1365 (1)(a) Unless otherwise provided by law, whenever a
1366 background screening for employment or a background security
1367 check is required by law to be conducted pursuant to this
1368 chapter for employment, unless otherwise provided by law, the
1369 provisions of this chapter shall apply.
1370 (b) Unless expressly provided otherwise, a reference in any
1371 section of the Florida Statutes to chapter 435 or to any section
1372 or sections or portion of a section of chapter 435 includes, and
1373 shall be understood as including, all subsequent amendments to
1374 chapter 435 or to the referenced section or sections or portions
1375 of a section. The purpose of this chapter is to facilitate
1376 uniform background screening and, to this end, a reference to
1377 this chapter, or to any section or subdivision within this
1378 chapter, constitutes a general reference under the doctrine of
1379 incorporation by reference.
1380 (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
1381 120.54 necessary to implement the provisions of this chapter.
1382 Section 32. Section 435.02, Florida Statutes, is reordered
1383 and amended to read:
1384 435.02 Definitions.—For the purposes of this chapter, the
1385 term:
1386 (2)(1) “Employee” means any person required by law to be
1387 screened pursuant to the provisions of this chapter.
1388 (3)(2) “Employer” means any person or entity required by
1389 law to conduct screening of employees pursuant to this chapter.
1390 (1)(3) “Licensing Agency” means any state, or county, or
1391 municipal agency that which grants licenses or registration
1392 permitting the operation of an employer or is itself an employer
1393 or that otherwise facilitates the screening of employees
1394 pursuant to this chapter. When there is no state licensing
1395 agency or the municipal or county licensing agency chooses not
1396 to conduct employment screening, “licensing agency” means the
1397 Department of Children and Family Services.
1398 (4) “Employment” means any activity or service sought to be
1399 performed by an employee that requires the employee to be
1400 subject to screening pursuant to this chapter.
1401 (5) “Vulnerable person” means a minor or a vulnerable adult
1402 as defined in s. 415.102.
1403 Section 33. Section 435.03, Florida Statutes, is amended to
1404 read:
1405 435.03 Level 1 screening standards.—
1406 (1) All employees required by law to be screened pursuant
1407 to this section must shall be required to undergo background
1408 screening as a condition of employment and continued employment
1409 which includes. For the purposes of this subsection, level 1
1410 screenings shall include, but need not be limited to, employment
1411 history checks and statewide criminal correspondence checks
1412 through the Florida Department of Law Enforcement, a check of
1413 the Dru Sjodin National Sex Offender Registry, and may include
1414 local criminal records checks through local law enforcement
1415 agencies.
1416 (2) Any person required by law to be screened pursuant to
1417 this section must not have an arrest awaiting final disposition,
1418 for whom employment screening is required by statute must not
1419 have been found guilty of, regardless of adjudication, or
1420 entered a plea of nolo contendere or guilty to, and must not
1421 have been adjudicated delinquent and the record has not been
1422 sealed or expunged for, any offense prohibited under any
1423 provision of s. 435.04(2) of the following provisions of the
1424 Florida Statutes or under any similar statute of another
1425 jurisdiction.:
1426 (a) Section 393.135, relating to sexual misconduct with
1427 certain developmentally disabled clients and reporting of such
1428 sexual misconduct.
1429 (b) Section 394.4593, relating to sexual misconduct with
1430 certain mental health patients and reporting of such sexual
1431 misconduct.
1432 (c) Section 415.111, relating to abuse, neglect, or
1433 exploitation of a vulnerable adult.
1434 (d) Section 782.04, relating to murder.
1435 (e) Section 782.07, relating to manslaughter, aggravated
1436 manslaughter of an elderly person or disabled adult, or
1437 aggravated manslaughter of a child.
1438 (f) Section 782.071, relating to vehicular homicide.
1439 (g) Section 782.09, relating to killing of an unborn quick
1440 child by injury to the mother.
1441 (h) Section 784.011, relating to assault, if the victim of
1442 the offense was a minor.
1443 (i) Section 784.021, relating to aggravated assault.
1444 (j) Section 784.03, relating to battery, if the victim of
1445 the offense was a minor.
1446 (k) Section 784.045, relating to aggravated battery.
1447 (l) Section 787.01, relating to kidnapping.
1448 (m) Section 787.02, relating to false imprisonment.
1449 (n) Section 794.011, relating to sexual battery.
1450 (o) Former s. 794.041, relating to prohibited acts of
1451 persons in familial or custodial authority.
1452 (p) Chapter 796, relating to prostitution.
1453 (q) Section 798.02, relating to lewd and lascivious
1454 behavior.
1455 (r) Chapter 800, relating to lewdness and indecent
1456 exposure.
1457 (s) Section 806.01, relating to arson.
1458 (t) Chapter 812, relating to theft, robbery, and related
1459 crimes, if the offense was a felony.
1460 (u) Section 817.563, relating to fraudulent sale of
1461 controlled substances, only if the offense was a felony.
1462 (v) Section 825.102, relating to abuse, aggravated abuse,
1463 or neglect of an elderly person or disabled adult.
1464 (w) Section 825.1025, relating to lewd or lascivious
1465 offenses committed upon or in the presence of an elderly person
1466 or disabled adult.
1467 (x) Section 825.103, relating to exploitation of an elderly
1468 person or disabled adult, if the offense was a felony.
1469 (y) Section 826.04, relating to incest.
1470 (z) Section 827.03, relating to child abuse, aggravated
1471 child abuse, or neglect of a child.
1472 (aa) Section 827.04, relating to contributing to the
1473 delinquency or dependency of a child.
1474 (bb) Former s. 827.05, relating to negligent treatment of
1475 children.
1476 (cc) Section 827.071, relating to sexual performance by a
1477 child.
1478 (dd) Chapter 847, relating to obscene literature.
1479 (ee) Chapter 893, relating to drug abuse prevention and
1480 control, only if the offense was a felony or if any other person
1481 involved in the offense was a minor.
1482 (ff) Section 916.1075, relating to sexual misconduct with
1483 certain forensic clients and reporting of such sexual
1484 misconduct.
1485 (3) The security background investigations under this
1486 section must ensure that no person subject to the provisions of
1487 this section has been found guilty of, regardless of
1488 adjudication, or entered a plea of nolo contendere or guilty to,
1489 any offense that constitutes domestic violence as defined in s.
1490 741.28, whether such act was committed in this state or in
1491 another jurisdiction. Standards must also ensure that the
1492 person:
1493 (a) For employees and employers licensed or registered
1494 pursuant to chapter 400 or chapter 429, and for employees and
1495 employers of developmental disabilities centers as defined in s.
1496 393.063, intermediate care facilities for the developmentally
1497 disabled as defined in s. 400.960, and mental health treatment
1498 facilities as defined in s. 394.455, meets the requirements of
1499 this chapter.
1500 (b) Has not committed an act that constitutes domestic
1501 violence as defined in s. 741.28.
1502 Section 34. Section 435.04, Florida Statutes, is amended to
1503 read:
1504 435.04 Level 2 screening standards.—
1505 (1)(a) All employees required by law to be screened
1506 pursuant to this section must in positions designated by law as
1507 positions of trust or responsibility shall be required to
1508 undergo security background investigations as a condition of
1509 employment and continued employment which includes. For the
1510 purposes of this subsection, security background investigations
1511 shall include, but need not be limited to, fingerprinting for
1512 statewide criminal history records all purposes and checks in
1513 this subsection, statewide criminal and juvenile records checks
1514 through the Florida Department of Law Enforcement, and national
1515 federal criminal history records checks through the Federal
1516 Bureau of Investigation, and may include local criminal records
1517 checks through local law enforcement agencies.
1518 (b) Fingerprints submitted pursuant to this section on or
1519 after July 1, 2012, must be submitted electronically to the
1520 Department of Law Enforcement.
1521 (c) An agency may contract with one or more vendors to
1522 perform all or part of the electronic fingerprinting pursuant to
1523 this section. Such contracts must ensure that the owners and
1524 personnel of the vendor performing the electronic fingerprinting
1525 are qualified and will ensure the integrity and security of all
1526 personal information.
1527 (d) An agency may require by rule adopted pursuant to
1528 chapter 120 that fingerprints submitted pursuant to this section
1529 must be submitted electronically to the Department of Law
1530 Enforcement on a date earlier than July 1, 2012.
1531 (2) The security background investigations under this
1532 section must ensure that no persons subject to the provisions of
1533 this section have been arrested for and are awaiting final
1534 disposition of, have been found guilty of, regardless of
1535 adjudication, or entered a plea of nolo contendere or guilty to,
1536 or have been adjudicated delinquent and the record has not been
1537 sealed or expunged for, any offense prohibited under any of the
1538 following provisions of the Florida Statutes or under any
1539 similar statute of another jurisdiction:
1540 (a) Section 393.135, relating to sexual misconduct with
1541 certain developmentally disabled clients and reporting of such
1542 sexual misconduct.
1543 (b) Section 394.4593, relating to sexual misconduct with
1544 certain mental health patients and reporting of such sexual
1545 misconduct.
1546 (c) Section 415.111, relating to adult abuse, neglect, or
1547 exploitation of aged persons or disabled adults.
1548 (d) Section 782.04, relating to murder.
1549 (e) Section 782.07, relating to manslaughter, aggravated
1550 manslaughter of an elderly person or disabled adult, or
1551 aggravated manslaughter of a child.
1552 (f) Section 782.071, relating to vehicular homicide.
1553 (g) Section 782.09, relating to killing of an unborn quick
1554 child by injury to the mother.
1555 (h) Chapter 784, relating to assault, battery, and culpable
1556 negligence, if the offense was a felony.
1557 (i)(h) Section 784.011, relating to assault, if the victim
1558 of the offense was a minor.
1559 (i) Section 784.021, relating to aggravated assault.
1560 (j) Section 784.03, relating to battery, if the victim of
1561 the offense was a minor.
1562 (k) Section 784.045, relating to aggravated battery.
1563 (l) Section 784.075, relating to battery on a detention or
1564 commitment facility staff.
1565 (k)(m) Section 787.01, relating to kidnapping.
1566 (l)(n) Section 787.02, relating to false imprisonment.
1567 (m) Section 787.025, relating to luring or enticing a
1568 child.
1569 (n)(o) Section 787.04(2), relating to taking, enticing, or
1570 removing a child beyond the state limits with criminal intent
1571 pending custody proceedings.
1572 (o)(p) Section 787.04(3), relating to carrying a child
1573 beyond the state lines with criminal intent to avoid producing a
1574 child at a custody hearing or delivering the child to the
1575 designated person.
1576 (p)(q) Section 790.115(1), relating to exhibiting firearms
1577 or weapons within 1,000 feet of a school.
1578 (q)(r) Section 790.115(2)(b), relating to possessing an
1579 electric weapon or device, destructive device, or other weapon
1580 on school property.
1581 (r)(s) Section 794.011, relating to sexual battery.
1582 (s)(t) Former s. 794.041, relating to prohibited acts of
1583 persons in familial or custodial authority.
1584 (t) Section 794.05, relating to unlawful sexual activity
1585 with certain minors.
1586 (u) Chapter 796, relating to prostitution.
1587 (v) Section 798.02, relating to lewd and lascivious
1588 behavior.
1589 (w) Chapter 800, relating to lewdness and indecent
1590 exposure.
1591 (x) Section 806.01, relating to arson.
1592 (y) Section 810.02, relating to burglary.
1593 (z) Section 810.14, relating to voyeurism, if the offense
1594 is a felony.
1595 (aa) Section 810.145, relating to video voyeurism, if the
1596 offense is a felony.
1597 (bb)(y) Chapter 812, relating to theft, robbery, and
1598 related crimes, if the offense is a felony.
1599 (cc)(z) Section 817.563, relating to fraudulent sale of
1600 controlled substances, only if the offense was a felony.
1601 (dd)(aa) Section 825.102, relating to abuse, aggravated
1602 abuse, or neglect of an elderly person or disabled adult.
1603 (ee)(bb) Section 825.1025, relating to lewd or lascivious
1604 offenses committed upon or in the presence of an elderly person
1605 or disabled adult.
1606 (ff)(cc) Section 825.103, relating to exploitation of an
1607 elderly person or disabled adult, if the offense was a felony.
1608 (gg)(dd) Section 826.04, relating to incest.
1609 (hh)(ee) Section 827.03, relating to child abuse,
1610 aggravated child abuse, or neglect of a child.
1611 (ii)(ff) Section 827.04, relating to contributing to the
1612 delinquency or dependency of a child.
1613 (jj)(gg) Former s. 827.05, relating to negligent treatment
1614 of children.
1615 (kk)(hh) Section 827.071, relating to sexual performance by
1616 a child.
1617 (ll)(ii) Section 843.01, relating to resisting arrest with
1618 violence.
1619 (mm)(jj) Section 843.025, relating to depriving a law
1620 enforcement, correctional, or correctional probation officer
1621 means of protection or communication.
1622 (nn)(kk) Section 843.12, relating to aiding in an escape.
1623 (oo)(ll) Section 843.13, relating to aiding in the escape
1624 of juvenile inmates in correctional institutions.
1625 (pp)(mm) Chapter 847, relating to obscene literature.
1626 (qq)(nn) Section 874.05(1), relating to encouraging or
1627 recruiting another to join a criminal gang.
1628 (rr)(oo) Chapter 893, relating to drug abuse prevention and
1629 control, only if the offense was a felony or if any other person
1630 involved in the offense was a minor.
1631 (ss)(pp) Section 916.1075, relating to sexual misconduct
1632 with certain forensic clients and reporting of such sexual
1633 misconduct.
1634 (tt)(qq) Section 944.35(3), relating to inflicting cruel or
1635 inhuman treatment on an inmate resulting in great bodily harm.
1636 (uu) Section 944.40, relating to escape.
1637 (vv)(rr) Section 944.46, relating to harboring, concealing,
1638 or aiding an escaped prisoner.
1639 (ww)(ss) Section 944.47, relating to introduction of
1640 contraband into a correctional facility.
1641 (xx)(tt) Section 985.701, relating to sexual misconduct in
1642 juvenile justice programs.
1643 (yy)(uu) Section 985.711, relating to contraband introduced
1644 into detention facilities.
1645 (3) The security background investigations under this
1646 section must ensure that no person subject to this section has
1647 been found guilty of, regardless of adjudication, or entered a
1648 plea of nolo contendere or guilty to, any offense that
1649 constitutes domestic violence as defined in s. 741.28, whether
1650 such act was committed in this state or in another jurisdiction.
1651 The security background investigations conducted under this
1652 section for employees of the Department of Juvenile Justice must
1653 ensure that no persons subject to the provisions of this section
1654 have been found guilty of, regardless of adjudication, or
1655 entered a plea of nolo contendere or guilty to, any offense
1656 prohibited under any of the following provisions of the Florida
1657 Statutes or under any similar statute of another jurisdiction:
1658 (a) Section 784.07, relating to assault or battery of law
1659 enforcement officers, firefighters, emergency medical care
1660 providers, public transit employees or agents, or other
1661 specified officers.
1662 (b) Section 810.02, relating to burglary, if the offense is
1663 a felony.
1664 (c) Section 944.40, relating to escape.
1665
1666 The Department of Juvenile Justice may not remove a
1667 disqualification from employment or grant an exemption to any
1668 person who is disqualified under this section for any offense
1669 disposed of during the most recent 7-year period.
1670 (4) Standards must also ensure that the person:
1671 (a) For employees or employers licensed or registered
1672 pursuant to chapter 400 or chapter 429, does not have a
1673 confirmed report of abuse, neglect, or exploitation as defined
1674 in s. 415.102(6), which has been uncontested or upheld under s.
1675 415.103.
1676 (b) Has not committed an act that constitutes domestic
1677 violence as defined in s. 741.30.
1678 (5) Under penalty of perjury, all employees in such
1679 positions of trust or responsibility shall attest to meeting the
1680 requirements for qualifying for employment and agreeing to
1681 inform the employer immediately if convicted of any of the
1682 disqualifying offenses while employed by the employer. Each
1683 employer of employees in such positions of trust or
1684 responsibilities which is licensed or registered by a state
1685 agency shall submit to the licensing agency annually or at the
1686 time of license renewal, under penalty of perjury, an affidavit
1687 of compliance with the provisions of this section.
1688 Section 35. Section 435.05, Florida Statutes, is amended to
1689 read:
1690 435.05 Requirements for covered employees and employers.
1691 Except as otherwise provided by law, the following requirements
1692 shall apply to covered employees and employers:
1693 (1)(a) Every person required by law to be screened pursuant
1694 to the provisions of this chapter must employed in a position
1695 for which employment screening is required must, within 5
1696 working days after starting to work, submit to the employer a
1697 complete set of information necessary to conduct a screening
1698 under this chapter section.
1699 (b) For level 1 screening, the employer must submit the
1700 information necessary for screening to the Florida Department of
1701 Law Enforcement within 5 working days after receiving it. The
1702 Florida Department of Law Enforcement will conduct a search of
1703 its records and will respond to the employer or agency. The
1704 employer will inform the employee whether screening has revealed
1705 any disqualifying information.
1706 (c) For level 2 screening, the employer or licensing agency
1707 must submit the information necessary for screening to the
1708 Florida Department of Law Enforcement within 5 working days
1709 after receiving it. The Florida Department of Law Enforcement
1710 will perform a criminal history record check of its conduct a
1711 search of its criminal and juvenile records and will request
1712 that the Federal Bureau of Investigation perform a national
1713 criminal history record check conduct a search of its records
1714 for each employee for whom the request is made. The Florida
1715 Department of Law Enforcement will respond to the employer or
1716 licensing agency, and the employer or licensing agency will
1717 inform the employee whether screening has revealed disqualifying
1718 information.
1719 (d) The person whose background is being checked must
1720 supply any missing criminal or other necessary information upon
1721 request to the requesting employer or agency within 30 days
1722 after receiving the employer makes a request for the information
1723 or be subject to automatic disqualification.
1724 (2) Every employee must attest, subject to penalty of
1725 perjury, to meeting the requirements for qualifying for
1726 employment pursuant to this chapter and agreeing to inform the
1727 employer immediately if arrested for any of the disqualifying
1728 offenses while employed by the employer. Unless otherwise
1729 prohibited by state or federal law, new employees may be placed
1730 on probationary status pending a determination of compliance
1731 with minimum standards set forth in this chapter.
1732 (3) Each employer that is licensed or registered with an
1733 agency and is required by law to conduct level 2 background
1734 screening must submit to the agency sign an affidavit annually
1735 or at the time of license renewal, under penalty of perjury, a
1736 signed affidavit attesting to compliance with the provisions of
1737 this chapter stating that all covered employees have been
1738 screened or are newly hired and are awaiting the results of the
1739 required screening checks.
1740 Section 36. Section 435.06, Florida Statutes, is amended to
1741 read:
1742 435.06 Exclusion from employment.—
1743 (1) When an employer or licensing agency has reasonable
1744 cause to believe that grounds exist for the denial or
1745 termination of employment of any employee as a result of
1746 background screening, it shall notify the employee in writing,
1747 stating the specific record that which indicates noncompliance
1748 with the standards in this chapter section. It shall be the
1749 responsibility of the affected employee to contest his or her
1750 disqualification or to request exemption from disqualification.
1751 The only basis for contesting the disqualification shall be
1752 proof of mistaken identity.
1753 (2)(a) An employer may not hire, select, or otherwise allow
1754 an employee to have contact with any vulnerable person that
1755 would place the employee in a role that would require background
1756 screening until such time as the screening process is completed
1757 and demonstrates the absence of any grounds for the denial or
1758 termination of employment. If the screening process shows any
1759 grounds for the denial or termination of employment, the
1760 employer may not hire, select, or otherwise allow the employee
1761 to have contact with any vulnerable person that would place the
1762 employee in a role that would require background screening
1763 unless the employee is granted an exemption for the
1764 disqualification by the agency as provided under s. 435.07.
1765 (b) If at any time an employer becomes aware that an
1766 employee has been arrested for a disqualifying offense, the
1767 employer must remove the employee from contact with any
1768 vulnerable person that would place the employee in a role that
1769 would require background screening until such time as the arrest
1770 is resolved in such a way that the employer determines that the
1771 employee is still eligible for employment under this chapter.
1772 (c) The employer must either terminate the employment of
1773 any of its personnel found to be in noncompliance with the
1774 minimum standards of this chapter for good moral character
1775 contained in this section or place the employee in a position
1776 for which background screening is not required unless the
1777 employee is granted an exemption from disqualification pursuant
1778 to s. 435.07.
1779 (3) Any employee person who is required to undergo
1780 employment screening and who refuses to cooperate in such
1781 screening or refuses to timely submit the information necessary
1782 to complete the screening, including fingerprints when required,
1783 must shall be disqualified for employment in such position or,
1784 if employed, must shall be dismissed.
1785 (4) There is no unemployment compensation or other monetary
1786 liability on the part of, and no cause of action for damages
1787 arising against, an employer that, upon notice of a conviction
1788 or arrest for a disqualifying offense listed under this chapter,
1789 terminates the person against whom the report was issued or who
1790 was arrested, regardless of whether or not that person has filed
1791 for an exemption pursuant to this chapter.
1792 Section 37. Section 435.07, Florida Statutes, is amended to
1793 read:
1794 435.07 Exemptions from disqualification.—Unless otherwise
1795 provided by law, the provisions of this section shall apply to
1796 exemptions from disqualification for disqualifying offenses
1797 revealed pursuant to background screenings required by law to be
1798 conducted pursuant to this chapter, regardless of whether those
1799 disqualifying offenses are listed in this chapter or are
1800 codified in other statutes.
1801 (1) The head of the appropriate licensing agency may grant
1802 to any employee otherwise disqualified from employment an
1803 exemption from disqualification for:
1804 (a) Felonies for which at least 3 years have elapsed since
1805 the applicant for the exemption has completed or been lawfully
1806 released from confinement, supervision, or sanction for the
1807 disqualifying felony committed more than 3 years prior to the
1808 date of disqualification;
1809 (b) Misdemeanors prohibited under any of the Florida
1810 Statutes cited in this chapter or under similar statutes of
1811 other jurisdictions for which the applicant for the exemption
1812 has completed or been lawfully released from confinement,
1813 supervision, or sanction;
1814 (c) Offenses that were felonies when committed but that are
1815 now misdemeanors and for which the applicant for the exemption
1816 has completed or been lawfully released from confinement,
1817 supervision, or sanction; or
1818 (d) Findings of delinquency. For offenses that would be
1819 felonies if committed by an adult and the record has not been
1820 sealed or expunged, the exemption may not be granted until at
1821 least 3 years have elapsed since the applicant for the exemption
1822 has completed or been lawfully released from confinement,
1823 supervision, or sanction for the disqualifying offense; or
1824 (e) Commissions of acts of domestic violence as defined in
1825 s. 741.30.
1826
1827 For the purposes of this subsection, the term “felonies” means
1828 both felonies prohibited under any of the Florida Statutes cited
1829 in this chapter or under similar statutes of other
1830 jurisdictions.
1831 (2) Persons employed, or applicants for employment, by
1832 treatment providers who treat adolescents 13 years of age and
1833 older who are disqualified from employment solely because of
1834 crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1835 exempted from disqualification from employment pursuant to this
1836 chapter section without application of the 3-year waiting period
1837 in paragraph (1)(a).
1838 (3)(a) In order for the head of an agency a licensing
1839 department to grant an exemption to any employee, the employee
1840 must demonstrate by clear and convincing evidence that the
1841 employee should not be disqualified from employment. Employees
1842 seeking an exemption have the burden of setting forth clear and
1843 convincing sufficient evidence of rehabilitation, including, but
1844 not limited to, the circumstances surrounding the criminal
1845 incident for which an exemption is sought, the time period that
1846 has elapsed since the incident, the nature of the harm caused to
1847 the victim, and the history of the employee since the incident,
1848 or any other evidence or circumstances indicating that the
1849 employee will not present a danger if employment or continued
1850 employment is allowed.
1851 (b) The agency may consider as part of its deliberations of
1852 the employee’s rehabilitation the fact that the employee has,
1853 subsequent to the conviction for the disqualifying offense for
1854 which the exemption is being sought, been arrested for or
1855 convicted of another crime, even if that crime is not a
1856 disqualifying offense.
1857 (c) The decision of the head of an agency licensing
1858 department regarding an exemption may be contested through the
1859 hearing procedures set forth in chapter 120. The standard of
1860 review by the administrative law judge is whether the agency’s
1861 intended action is an abuse of discretion.
1862 (4)(a) Disqualification from employment under this chapter
1863 subsection (1) may not be removed from, nor may an exemption be
1864 granted to, any personnel who is found guilty of, regardless of
1865 adjudication, or who has entered a plea of nolo contendere or
1866 guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1867 by reason of any pardon, executive clemency, or restoration of
1868 civil rights.
1869 (b) Disqualification from employment under this chapter may
1870 not be removed from, nor may an exemption be granted to, any
1871 person who has been designated as a:
1872 1. Sexual predator pursuant to s. 775.21;
1873 2. Career offender pursuant to s. 775.261; or
1874 3. Sexual offender pursuant to s. 943.0435, unless the
1875 person has had the sexual offender designation removed pursuant
1876 to s. 943.04354.
1877 (5) Exemptions granted by one licensing agency shall be
1878 considered by subsequent licensing agencies, but are not binding
1879 on the subsequent licensing agency.
1880 Section 38. Section 435.08, Florida Statutes, is amended to
1881 read:
1882 435.08 Payment for processing of fingerprints and state
1883 criminal records checks.—Either the employer or the employee is
1884 responsible for paying the costs of screening. Payment shall be
1885 submitted to the Florida Department of Law Enforcement with the
1886 request for screening. The appropriate agency is responsible for
1887 collecting and paying any fee related to fingerprints retained
1888 on its behalf to the Department of Law Enforcement for costs
1889 resulting from the fingerprint information retention services.
1890 The amount of the annual fee and procedures for the submission
1891 and retention of fingerprint information and for the
1892 dissemination of search results shall be established by rule of
1893 the Department of Law Enforcement.
1894 Section 39. Subsection (1) of section 464.203, Florida
1895 Statutes, is amended to read:
1896 464.203 Certified nursing assistants; certification
1897 requirement.—
1898 (1) The board shall issue a certificate to practice as a
1899 certified nursing assistant to any person who demonstrates a
1900 minimum competency to read and write and successfully passes the
1901 required background Level I or Level II screening pursuant to s.
1902 400.215 and meets one of the following requirements:
1903 (a) Has successfully completed an approved training program
1904 and achieved a minimum score, established by rule of the board,
1905 on the nursing assistant competency examination, which consists
1906 of a written portion and skills-demonstration portion approved
1907 by the board and administered at a site and by personnel
1908 approved by the department.
1909 (b) Has achieved a minimum score, established by rule of
1910 the board, on the nursing assistant competency examination,
1911 which consists of a written portion and skills-demonstration
1912 portion, approved by the board and administered at a site and by
1913 personnel approved by the department and:
1914 1. Has a high school diploma, or its equivalent; or
1915 2. Is at least 18 years of age.
1916 (c) Is currently certified in another state; is listed on
1917 that state’s certified nursing assistant registry; and has not
1918 been found to have committed abuse, neglect, or exploitation in
1919 that state.
1920 (d) Has completed the curriculum developed under the
1921 Enterprise Florida Jobs and Education Partnership Grant and
1922 achieved a minimum score, established by rule of the board, on
1923 the nursing assistant competency examination, which consists of
1924 a written portion and skills-demonstration portion, approved by
1925 the board and administered at a site and by personnel approved
1926 by the department.
1927 Section 40. Subsection (9) of section 489.115, Florida
1928 Statutes, is amended to read:
1929 489.115 Certification and registration; endorsement;
1930 reciprocity; renewals; continuing education.—
1931 (9) An initial applicant shall submit, along with the
1932 application, a complete set of fingerprints to in a form and
1933 manner required by the department. The fingerprints shall be
1934 submitted to the Department of Law Enforcement for state
1935 processing, and the Department of Law Enforcement shall forward
1936 them to the Federal Bureau of Investigation for national
1937 processing for the purpose of determining if the applicant has a
1938 criminal history record conducting a level 2 background check
1939 pursuant to s. 435.04. The department shall and the board may
1940 review the background results to determine if an applicant meets
1941 licensure requirements. The cost for the fingerprint processing
1942 shall be borne by the person subject to the background
1943 screening. These fees are to be collected by the authorized
1944 agencies or vendors. The authorized agencies or vendors are
1945 responsible for paying the processing costs to the Department of
1946 Law Enforcement.
1947 Section 41. Paragraphs (g) and (h) of subsection (2) of
1948 section 943.05, Florida Statutes, are amended, and subsection
1949 (4) is added to that section, to read:
1950 943.05 Criminal Justice Information Program; duties; crime
1951 reports.—
1952 (2) The program shall:
1953 (g) Upon official written request, and subject to the
1954 department having sufficient funds and equipment to participate
1955 in such a request, from the agency executive director or
1956 secretary, or from his or her designee, or from qualified
1957 entities participating in the volunteer and employee criminal
1958 history screening system under s. 943.0542, or as otherwise
1959 required As authorized by law, retain fingerprints submitted by
1960 criminal and noncriminal justice agencies to the department for
1961 a criminal history background screening in a manner provided by
1962 rule and enter the fingerprints in the statewide automated
1963 fingerprint identification system authorized by paragraph (b).
1964 Such fingerprints shall thereafter be available for all purposes
1965 and uses authorized for arrest fingerprint submissions cards
1966 entered into the statewide automated fingerprint identification
1967 system pursuant to s. 943.051.
1968 (h)1. For each agency or qualified entity that officially
1969 requests retention of fingerprints or for which retention is
1970 otherwise required As authorized by law, search all arrest
1971 fingerprint submissions cards received under s. 943.051 against
1972 the fingerprints retained in the statewide automated fingerprint
1973 identification system under paragraph (g).
1974 1. Any arrest record that is identified with the retained
1975 fingerprints of a person subject to background screening as
1976 provided in paragraph (g) shall be reported to the appropriate
1977 agency or qualified entity.
1978 2. To Agencies may participate in this search process,
1979 agencies or qualified entities must notify each person
1980 fingerprinted that his or her fingerprints will be retained, pay
1981 by payment of an annual fee to the department, and inform by
1982 informing the department of any change in the affiliation,
1983 employment, or contractual status or place of affiliation,
1984 employment, or contracting of each person the persons whose
1985 fingerprints are retained under paragraph (g) when such change
1986 removes or eliminates the agency or qualified entity’s basis or
1987 need for receiving reports of any arrest of that person, so that
1988 the agency or qualified entity will not be obligated to pay the
1989 upcoming annual fee for the retention and searching of that
1990 person’s fingerprints to the department. The department shall
1991 adopt a rule setting the amount of the annual fee to be imposed
1992 upon each participating agency or qualified entity for
1993 performing these searches and establishing the procedures for
1994 the retention of fingerprints and the dissemination of search
1995 results. The fee may be borne by the agency, qualified entity,
1996 or person subject to fingerprint retention or as otherwise
1997 provided by law. Fees may be waived or reduced by the executive
1998 director for good cause shown. Consistent with the recognition
1999 of criminal justice agencies expressed in s. 943.053(3), these
2000 services will be provided to criminal justice agencies for
2001 criminal justice purposes free of charge.
2002 3. Agencies that participate in the fingerprint retention
2003 and search process may adopt rules pursuant to ss. 120.536(1)
2004 and 120.54 to require employers to keep the agency informed of
2005 any change in the affiliation, employment, or contractual status
2006 of each person whose fingerprints are retained under paragraph
2007 (g) when such change removes or eliminates the agency’s basis or
2008 need for receiving reports of any arrest of that person, so that
2009 the agency will not be obligated to pay the upcoming annual fee
2010 for the retention and searching of that person’s fingerprints to
2011 the department.
2012 (4) Upon notification that a federal fingerprint retention
2013 program is in effect, and subject to the department being funded
2014 and equipped to participate in such a program, the department
2015 shall, when state and national criminal history records checks
2016 and retention of submitted prints are authorized or required by
2017 law, retain the fingerprints as provided in paragraphs (2)(g)
2018 and (h) and advise the Federal Bureau of Investigation to retain
2019 the fingerprints at the national level for searching against
2020 arrest fingerprint submissions received at the national level.
2021 Section 42. Subsections (6) and (11) of section 943.053,
2022 Florida Statutes, are amended to read:
2023 943.053 Dissemination of criminal justice information;
2024 fees.—
2025 (6) Notwithstanding any other provision of law, the
2026 department shall provide to the Florida Department of Revenue
2027 Child Support Enforcement access to Florida criminal records
2028 which are not exempt from disclosure under chapter 119, and to
2029 such information as may be lawfully available from other states
2030 via the National Law Enforcement Telecommunications System, for
2031 the purpose of locating subjects who owe or potentially owe
2032 support, as defined in s. 409.2554, or to whom such obligation
2033 is owed pursuant to Title IV-D of the Social Security Act. Such
2034 information may be provided to child support enforcement
2035 authorities in other states for these specific purposes.
2036 (11) A criminal justice agency that is authorized under
2037 federal rules or law to conduct a criminal history background
2038 check on an agency employee who is not certified by the Criminal
2039 Justice Standards and Training Commission under s. 943.12 may
2040 submit to the department the fingerprints of the noncertified
2041 employee to obtain state and national criminal history
2042 information. Effective January 15, 2007, The fingerprints
2043 submitted shall be retained and entered in the statewide
2044 automated fingerprint identification system authorized by s.
2045 943.05 and shall be available for all purposes and uses
2046 authorized for arrest fingerprint submissions cards entered in
2047 the statewide automated fingerprint identification system
2048 pursuant to s. 943.051. The department shall search all arrest
2049 fingerprint submissions cards received pursuant to s. 943.051
2050 against the fingerprints retained in the statewide automated
2051 fingerprint identification system pursuant to this section. In
2052 addition to all purposes and uses authorized for arrest
2053 fingerprint submissions cards for which submitted fingerprints
2054 may be used, any arrest record that is identified with the
2055 retained employee fingerprints must be reported to the
2056 submitting employing agency.
2057 Section 43. Section 985.644, Florida Statutes, is amended
2058 to read:
2059 985.644 Departmental contracting powers; personnel
2060 standards and screening.—
2061 (1) The department of Juvenile Justice or the Department of
2062 Children and Family Services, as appropriate, may contract with
2063 the Federal Government, other state departments and agencies,
2064 county and municipal governments and agencies, public and
2065 private agencies, and private individuals and corporations in
2066 carrying out the purposes of, and the responsibilities
2067 established in, this chapter.
2068 (a) When the Department of Juvenile Justice or the
2069 Department of Children and Family Services contracts with a
2070 provider for any program for children, all personnel, including
2071 owners, operators, employees, and volunteers, in the facility
2072 must be of good moral character. Each contract entered into by
2073 the either department for services delivered on an appointment
2074 or intermittent basis by a provider that does not have regular
2075 custodial responsibility for children and each contract with a
2076 school for before or aftercare services must ensure that the all
2077 owners, operators, and all personnel who have direct contact
2078 with children are subject to level 2 background screening
2079 pursuant to chapter 435 of good moral character. A volunteer who
2080 assists on an intermittent basis for less than 40 hours per
2081 month need not be screened if the volunteer is under direct and
2082 constant supervision by persons who meet the screening
2083 requirements.
2084 (b) The Department of Juvenile Justice and the Department
2085 of Children and Family Services shall require employment
2086 screening pursuant to chapter 435, using the level 2 standards
2087 set forth in that chapter for personnel in programs for children
2088 or youths.
2089 (c) The Department of Juvenile Justice or the Department of
2090 Children and Family Services may grant exemptions from
2091 disqualification from working with children as provided in s.
2092 435.07.
2093 (2) The department may contract with the Federal
2094 Government, other state departments and agencies, county and
2095 municipal governments and agencies, public and private agencies,
2096 and private individuals and corporations in carrying out the
2097 purposes and the responsibilities of the delinquency services
2098 and programs of the department.
2099 (2)(3) The department shall adopt a rule pursuant to
2100 chapter 120 establishing a procedure to provide notice of policy
2101 changes that affect contracted delinquency services and
2102 programs. A policy is defined as an operational requirement that
2103 applies to only the specified contracted delinquency service or
2104 program. The procedure shall include:
2105 (a) Public notice of policy development.
2106 (b) Opportunity for public comment on the proposed policy.
2107 (c) Assessment for fiscal impact upon the department and
2108 providers.
2109 (d) The department’s response to comments received.
2110 (4) When the department contracts with a provider for any
2111 delinquency service or program, all personnel, including all
2112 owners, operators, employees, and volunteers in the facility or
2113 providing the service or program shall be of good moral
2114 character. A volunteer who assists on an intermittent basis for
2115 less than 40 hours per month is not required to be screened if
2116 the volunteer is under direct and constant supervision by
2117 persons who meet the screening requirements.
2118 (3)(5)(a) All employees of the department and all personnel
2119 of contract providers for any program for children, including
2120 all owners, operators, employees, persons who have access to
2121 confidential juvenile records, and volunteers, must complete For
2122 any person employed by the department, or by a provider under
2123 contract with the department, in delinquency facilities,
2124 services, or programs, the department shall require:
2125 1. A level 2 employment screening pursuant to chapter 435
2126 prior to employment. The security background investigations
2127 conducted under this section must ensure that, in addition to
2128 the disqualifying offenses listed in s. 435.04, no person
2129 subject to the background screening provisions of this section
2130 has been found guilty of, regardless of adjudication, or entered
2131 a plea of nolo contendere or guilty to, any offense prohibited
2132 under any of the following provisions of the Florida Statutes or
2133 under any similar statute of another jurisdiction:
2134 a. Section 784.07, relating to assault or battery of law
2135 enforcement officers, firefighters, emergency medical care
2136 providers, public transit employees or agents, or other
2137 specified officers.
2138 b. Section 817.568, relating to criminal use of personal
2139 identification information.
2140 2. A national federal criminal records check by the Federal
2141 Bureau of Investigation every 5 years following the date of the
2142 person’s employment.
2143 (b) Except for law enforcement, correctional, and
2144 correctional probation officers, to whom s. 943.13(5) applies,
2145 the department shall electronically submit to the Department of
2146 Law Enforcement:
2147 1. Fingerprint information obtained during the employment
2148 screening required by subparagraph (a)1.
2149 2. Beginning on December 15, 2005, Fingerprint information
2150 for all persons employed by the department, or by a provider
2151 under contract with the department, in delinquency facilities,
2152 services, or programs if such fingerprint information has not
2153 previously been electronically submitted to the Department of
2154 Law Enforcement under this paragraph.
2155 (c) All fingerprint information electronically submitted to
2156 the Department of Law Enforcement under paragraph (b) shall be
2157 retained by the Department of Law Enforcement and entered into
2158 the statewide automated fingerprint identification system
2159 authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2160 information shall be available for all purposes and uses
2161 authorized for arrest fingerprint information entered into the
2162 statewide automated fingerprint identification system pursuant
2163 to s. 943.051 until the fingerprint information is removed
2164 pursuant to paragraph (e). The Department of Law Enforcement
2165 shall search all arrest fingerprint information received
2166 pursuant to s. 943.051 against the fingerprint information
2167 entered into the statewide automated fingerprint system pursuant
2168 to this subsection. Any arrest records identified as a result of
2169 the search shall be reported to the department in the manner and
2170 timeframe established by the Department of Law Enforcement by
2171 rule.
2172 (d) The department shall pay an annual fee to the
2173 Department of Law Enforcement for its costs resulting from the
2174 fingerprint information retention services required by this
2175 subsection. The amount of the annual fee and procedures for the
2176 submission and retention of fingerprint information and for the
2177 dissemination of search results shall be established by the
2178 Department of Law Enforcement by a rule that is applicable to
2179 the department individually pursuant to this subsection or that
2180 is applicable to the department and other employing agencies
2181 pursuant to rulemaking authority otherwise provided by law.
2182 (e) The department shall notify the Department of Law
2183 Enforcement when a person whose fingerprint information is
2184 retained by the Department of Law Enforcement under this
2185 subsection is no longer employed by the department, or by a
2186 provider under contract with the department, in a delinquency
2187 facility, service, or program. This notice shall be provided by
2188 the department to the Department of Law Enforcement no later
2189 than 6 months after the date of the change in the person’s
2190 employment status. Fingerprint information for persons
2191 identified by the department in the notice shall be removed from
2192 the statewide automated fingerprint system.
2193 (6) The department may grant exemptions from
2194 disqualification from working with children as provided in s.
2195 435.07.
2196 (7) The department may adopt rules pursuant to ss.
2197 120.536(1) and 120.54 to describe the procedure and requirements
2198 necessary to implement the employment screening and fingerprint
2199 retention services for all employees of the department and all
2200 personnel of contract providers for any program for children,
2201 including all owners, operators, employees, and volunteers,
2202 including the collection of associated fees.
2203 Section 44. Paragraph (a) of subsection (1) of section
2204 381.60225, Florida Statutes, is amended to read:
2205 381.60225 Background screening.—
2206 (1) Each applicant for certification must comply with the
2207 following requirements:
2208 (a) Upon receipt of a completed, signed, and dated
2209 application, the Agency for Health Care Administration shall
2210 require background screening, in accordance with the level 2
2211 standards for screening set forth in chapter 435, of the
2212 managing employee, or other similarly titled individual
2213 responsible for the daily operation of the organization, agency,
2214 or entity, and financial officer, or other similarly titled
2215 individual who is responsible for the financial operation of the
2216 organization, agency, or entity, including billings for
2217 services. The applicant must comply with the procedures for
2218 level 2 background screening as set forth in chapter 435, as
2219 well as the requirements of s. 435.03(3).
2220 Section 45. Subsection (32) of section 409.912, Florida
2221 Statutes, is amended to read:
2222 409.912 Cost-effective purchasing of health care.—The
2223 agency shall purchase goods and services for Medicaid recipients
2224 in the most cost-effective manner consistent with the delivery
2225 of quality medical care. To ensure that medical services are
2226 effectively utilized, the agency may, in any case, require a
2227 confirmation or second physician’s opinion of the correct
2228 diagnosis for purposes of authorizing future services under the
2229 Medicaid program. This section does not restrict access to
2230 emergency services or poststabilization care services as defined
2231 in 42 C.F.R. part 438.114. Such confirmation or second opinion
2232 shall be rendered in a manner approved by the agency. The agency
2233 shall maximize the use of prepaid per capita and prepaid
2234 aggregate fixed-sum basis services when appropriate and other
2235 alternative service delivery and reimbursement methodologies,
2236 including competitive bidding pursuant to s. 287.057, designed
2237 to facilitate the cost-effective purchase of a case-managed
2238 continuum of care. The agency shall also require providers to
2239 minimize the exposure of recipients to the need for acute
2240 inpatient, custodial, and other institutional care and the
2241 inappropriate or unnecessary use of high-cost services. The
2242 agency shall contract with a vendor to monitor and evaluate the
2243 clinical practice patterns of providers in order to identify
2244 trends that are outside the normal practice patterns of a
2245 provider’s professional peers or the national guidelines of a
2246 provider’s professional association. The vendor must be able to
2247 provide information and counseling to a provider whose practice
2248 patterns are outside the norms, in consultation with the agency,
2249 to improve patient care and reduce inappropriate utilization.
2250 The agency may mandate prior authorization, drug therapy
2251 management, or disease management participation for certain
2252 populations of Medicaid beneficiaries, certain drug classes, or
2253 particular drugs to prevent fraud, abuse, overuse, and possible
2254 dangerous drug interactions. The Pharmaceutical and Therapeutics
2255 Committee shall make recommendations to the agency on drugs for
2256 which prior authorization is required. The agency shall inform
2257 the Pharmaceutical and Therapeutics Committee of its decisions
2258 regarding drugs subject to prior authorization. The agency is
2259 authorized to limit the entities it contracts with or enrolls as
2260 Medicaid providers by developing a provider network through
2261 provider credentialing. The agency may competitively bid single
2262 source-provider contracts if procurement of goods or services
2263 results in demonstrated cost savings to the state without
2264 limiting access to care. The agency may limit its network based
2265 on the assessment of beneficiary access to care, provider
2266 availability, provider quality standards, time and distance
2267 standards for access to care, the cultural competence of the
2268 provider network, demographic characteristics of Medicaid
2269 beneficiaries, practice and provider-to-beneficiary standards,
2270 appointment wait times, beneficiary use of services, provider
2271 turnover, provider profiling, provider licensure history,
2272 previous program integrity investigations and findings, peer
2273 review, provider Medicaid policy and billing compliance records,
2274 clinical and medical record audits, and other factors. Providers
2275 shall not be entitled to enrollment in the Medicaid provider
2276 network. The agency shall determine instances in which allowing
2277 Medicaid beneficiaries to purchase durable medical equipment and
2278 other goods is less expensive to the Medicaid program than long
2279 term rental of the equipment or goods. The agency may establish
2280 rules to facilitate purchases in lieu of long-term rentals in
2281 order to protect against fraud and abuse in the Medicaid program
2282 as defined in s. 409.913. The agency may seek federal waivers
2283 necessary to administer these policies.
2284 (32) Each managed care plan that is under contract with the
2285 agency to provide health care services to Medicaid recipients
2286 shall annually conduct a background check with the Florida
2287 Department of Law Enforcement of all persons with ownership
2288 interest of 5 percent or more or executive management
2289 responsibility for the managed care plan and shall submit to the
2290 agency information concerning any such person who has been found
2291 guilty of, regardless of adjudication, or has entered a plea of
2292 nolo contendere or guilty to, any of the offenses listed in s.
2293 435.04 435.03.
2294 Section 46. Paragraph (e) of subsection (1) of section
2295 464.018, Florida Statutes, is amended to read:
2296 464.018 Disciplinary actions.—
2297 (1) The following acts constitute grounds for denial of a
2298 license or disciplinary action, as specified in s. 456.072(2):
2299 (e) Having been found guilty of, regardless of
2300 adjudication, or entered a plea of nolo contendere or guilty to,
2301 any offense prohibited under s. 435.04 435.03 or under any
2302 similar statute of another jurisdiction; or having committed an
2303 act which constitutes domestic violence as defined in s. 741.28.
2304 Section 47. Paragraph (m) of subsection (1) of section
2305 468.3101, Florida Statutes, is amended to read:
2306 468.3101 Disciplinary grounds and actions.—
2307 (1) The department may make or require to be made any
2308 investigations, inspections, evaluations, and tests, and require
2309 the submission of any documents and statements, which it
2310 considers necessary to determine whether a violation of this
2311 part has occurred. The following acts shall be grounds for
2312 disciplinary action as set forth in this section:
2313 (m) Having been found guilty of, regardless of
2314 adjudication, or pleading guilty or nolo contendere to, any
2315 offense prohibited under s. 435.04 435.03 or under any similar
2316 statute of another jurisdiction.
2317 Section 48. Subsection (3) of section 744.309, Florida
2318 Statutes, is amended to read:
2319 744.309 Who may be appointed guardian of a resident ward.—
2320 (3) DISQUALIFIED PERSONS.—No person who has been convicted
2321 of a felony or who, from any incapacity or illness, is incapable
2322 of discharging the duties of a guardian, or who is otherwise
2323 unsuitable to perform the duties of a guardian, shall be
2324 appointed to act as guardian. Further, no person who has been
2325 judicially determined to have committed abuse, abandonment, or
2326 neglect against a child as defined in s. 39.01 or s. 984.03(1),
2327 (2), and (37), or who has been found guilty of, regardless of
2328 adjudication, or entered a plea of nolo contendere or guilty to,
2329 any offense prohibited under s. 435.04 435.03 or under any
2330 similar statute of another jurisdiction, shall be appointed to
2331 act as a guardian. Except as provided in subsection (5) or
2332 subsection (6), a person who provides substantial services to
2333 the proposed ward in a professional or business capacity, or a
2334 creditor of the proposed ward, may not be appointed guardian and
2335 retain that previous professional or business relationship. A
2336 person may not be appointed a guardian if he or she is in the
2337 employ of any person, agency, government, or corporation that
2338 provides service to the proposed ward in a professional or
2339 business capacity, except that a person so employed may be
2340 appointed if he or she is the spouse, adult child, parent, or
2341 sibling of the proposed ward or the court determines that the
2342 potential conflict of interest is insubstantial and that the
2343 appointment would clearly be in the proposed ward’s best
2344 interest. The court may not appoint a guardian in any other
2345 circumstance in which a conflict of interest may occur.
2346 Section 49. Subsection (12) of section 744.474, Florida
2347 Statutes, is amended to read:
2348 744.474 Reasons for removal of guardian.—A guardian may be
2349 removed for any of the following reasons, and the removal shall
2350 be in addition to any other penalties prescribed by law:
2351 (12) Having been found guilty of, regardless of
2352 adjudication, or entered a plea of nolo contendere or guilty to,
2353 any offense prohibited under s. 435.04 435.03 or under any
2354 similar statute of another jurisdiction.
2355 Section 50. Paragraph (a) of subsection (6) of section
2356 985.04, Florida Statutes, is amended to read:
2357 985.04 Oaths; records; confidential information.—
2358 (6)(a) Records maintained by the department, including
2359 copies of records maintained by the court, which pertain to a
2360 child found to have committed a delinquent act which, if
2361 committed by an adult, would be a crime specified in s. ss.
2362 435.03 and 435.04 may not be destroyed under this section for a
2363 period of 25 years after the youth’s final referral to the
2364 department, except in cases of the death of the child. Such
2365 records, however, shall be sealed by the court for use only in
2366 meeting the screening requirements for personnel in s. 402.3055
2367 and the other sections cited above, or under departmental rule;
2368 however, current criminal history information must be obtained
2369 from the Department of Law Enforcement in accordance with s.
2370 943.053. The information shall be released to those persons
2371 specified in the above cited sections for the purposes of
2372 complying with those sections. The court may punish by contempt
2373 any person who releases or uses the records for any unauthorized
2374 purpose.
2375 Section 51. Section 409.1758, Florida Statutes, is
2376 repealed.
2377 Section 52. Paragraph (d) of subsection (4) of section
2378 456.039, Florida Statutes, is repealed.
2379 Section 53. The changes made by this act are intended to be
2380 prospective in nature. It is not intended that persons who are
2381 employed or licensed on the effective date of this act be
2382 rescreened until such time as they are otherwise required to be
2383 rescreened pursuant to law, at which time they must meet the
2384 requirements for screening as set forth in this act.
2385 Section 54. This act shall take effect July 1, 2010.