Florida Senate - 2010 CS for CS for CS for SB 1520
By the Committees on Health and Human Services Appropriations;
Criminal Justice; and Children, Families, and Elder Affairs; and
Senators Storms and Crist
603-04870-10 20101520c3
1 A bill to be entitled
2 An act relating to screening; amending s. 39.001,
3 F.S.; revising an exemption from screening
4 requirements for volunteers who assist providers under
5 contract with the Department of Children and Family
6 Services; amending s. 39.821, F.S.; revising
7 background screening requirements for the Guardian Ad
8 Litem Program; amending s. 215.5586, F.S.; removing
9 reference to ch. 435, F.S., for background screening
10 of hurricane mitigation inspectors; amending s.
11 393.0655, F.S.; revising an exemption from screening
12 requirements for volunteers; removing a temporary
13 exemption from screening requirements for direct
14 service providers awaiting completion of a background
15 screening; adding additional disqualifying offenses
16 for the screening of direct service providers for
17 persons with developmental disabilities; amending s.
18 394.4572, F.S.; revising background screening
19 requirements for mental health personnel; amending s.
20 400.215, F.S.; revising background screening
21 requirements for nursing home personnel; amending s.
22 400.506, F.S.; conforming provisions to changes made
23 by the act; amending s. 400.512, F.S.; revising
24 background screening requirements for home health
25 agency personnel, nurse registry personnel, and
26 companions and homemakers; amending s. 400.6065, F.S.;
27 revising background screening requirements for hospice
28 personnel; amending s. 400.801, F.S.; revising
29 background screening requirements for personnel at
30 homes for special services; amending s. 400.805, F.S.;
31 revising background screening requirements for
32 transitional living facility personnel; creating s.
33 400.9065, F.S.; providing background screening
34 requirements for prescribed pediatric extended care
35 center personnel; amending s. 400.934, F.S.; revising
36 minimum standards for home medical equipment
37 providers; amending s. 400.953, F.S.; revising
38 background screening requirements for home medical
39 equipment provider personnel; repealing s. 400.955,
40 F.S., relating to the procedures for screening of home
41 medical equipment provider personnel; amending s.
42 400.964, F.S.; revising background screening
43 requirements for personnel at intermediate care
44 facilities for developmentally disabled persons;
45 amending s. 400.980, F.S.; revising background
46 screening requirements for personnel at health care
47 services pools; amending s. 400.991, F.S.; revising
48 background screening requirements for applicants and
49 personnel at health care clinics; amending s. 408.806,
50 F.S.; adding a requirement for an affidavit relating
51 to background screening to the license application
52 process under the Agency for Health Care
53 Administration; amending s. 408.808, F.S.; conforming
54 provisions to changes made by the act; amending s.
55 408.809, F.S.; revising background screening
56 requirements under the Agency for Health Care
57 Administration; requiring electronic submission of
58 fingerprints; amending s. 402.302, F.S.; revising
59 exemptions from screening requirements for volunteers
60 and students; amending s. 409.175, F.S.; revising an
61 exemption from screening requirements for volunteers;
62 revising background screening requirements for
63 employees and volunteers in summer day camps and
64 summer 24-hour camps; requiring periodic drug testing
65 for licensed foster parents; requiring payment by the
66 foster parent; amending s. 409.221, F.S.; revising
67 background screening requirements for persons who
68 render consumer-directed care; amending s. 409.907,
69 F.S.; revising background screening requirements for
70 Medicaid providers; amending s. 409.912, F.S.;
71 requiring Medicaid providers to obtain a level 2
72 background screening for each provider employee in
73 direct contact with or providing direct services to
74 Medicaid recipients; amending s. 411.01, F.S.;
75 requiring school districts to make a list of eligible
76 substitute teachers available to early learning
77 coalitions; amending s. 429.14, F.S.; revising
78 administrative penalty provisions relating to assisted
79 living facilities; amending s. 429.174, F.S.; revising
80 background screening requirements for assisted living
81 facility personnel; amending s. 429.67, F.S.; revising
82 licensure requirements for adult family-care home
83 personnel and household members; amending s. 429.69,
84 F.S.; revising background screening requirements for
85 adult family-care home personnel; amending s. 429.911,
86 F.S.; revising administrative penalty provisions
87 relating to adult day care centers; amending s.
88 429.919, F.S.; revising background screening
89 requirements for adult day care center personnel;
90 creating s. 430.0402, F.S.; providing background
91 screening requirements for direct service providers
92 under the Department of Elderly Affairs; amending s.
93 435.01, F.S.; revising provisions related to the
94 applicability of ch. 435, F.S., statutory references
95 to the chapter, and rulemaking; providing construction
96 with respect to the doctrine of incorporation by
97 reference; amending s. 435.02, F.S.; revising and
98 adding definitions; amending s. 435.03, F.S.; revising
99 level 1 screening standards; adding disqualifying
100 offenses; amending s. 435.04, F.S.; revising level 2
101 screening standards; requiring electronic submission
102 of fingerprints after a certain date; authorizing
103 agencies to contract for electronic fingerprinting;
104 adding disqualifying offenses; amending s. 435.05,
105 F.S.; revising background check requirements for
106 covered employees and employers; amending s. 435.06,
107 F.S.; revising provisions relating to exclusion from
108 employment; providing that an employer may not hire,
109 select, or otherwise allow an employee contact with
110 any vulnerable person until the screening process is
111 completed; requiring removal of an employee arrested
112 for disqualifying offenses from roles requiring
113 background screening until the employee’s eligibility
114 for employment is determined; amending s. 435.07,
115 F.S.; revising provisions relating to exemptions from
116 disqualification; amending s. 435.08, F.S.; revising
117 provisions relating to the payment for processing of
118 fingerprints and criminal history records checks;
119 amending s. 464.203, F.S.; conforming provisions to
120 changes made by the act; amending s. 489.115, F.S.;
121 removing reference to ch. 435, F.S., for background
122 screening of construction contractors; amending s.
123 943.05, F.S.; revising provisions relating to the
124 Criminal Justice Information Program under the
125 Department of Law Enforcement; authorizing agencies to
126 request the retention of certain fingerprints by the
127 department; providing for rulemaking to require
128 employers to keep the agencies informed of any change
129 in the affiliation, employment, or contractual status
130 of each person whose fingerprints are retained in
131 certain circumstances; providing departmental duties
132 upon notification that a federal fingerprint retention
133 program is in effect; amending s. 943.053, F.S.;
134 removing obsolete references relating to the
135 dissemination of criminal justice information;
136 amending s. 984.01, F.S.; revising an exemption from
137 screening requirements for volunteers who assist with
138 programs for children; amending s. 985.644, F.S.;
139 revising background screening requirements for the
140 Department of Juvenile Justice; authorizing
141 rulemaking; amending ss. 381.60225, 409.912, 464.018,
142 468.3101, 744.309, 744.474, and 985.04, F.S.;
143 conforming provisions to changes made to ch. 435,
144 F.S., by the act; repealing s. 409.1758, F.S.,
145 relating to screening of summer camp personnel;
146 repealing s. 456.039(4)(d), F.S., relating to
147 information required for licensure of designated
148 health care professionals; providing for prospective
149 application of the act; providing an effective date.
150
151 Be It Enacted by the Legislature of the State of Florida:
152
153 Section 1. Paragraph (a) of subsection (2) of section
154 39.001, Florida Statutes, is amended to read:
155 39.001 Purposes and intent; personnel standards and
156 screening.—
157 (2) DEPARTMENT CONTRACTS.—The department may contract with
158 the Federal Government, other state departments and agencies,
159 county and municipal governments and agencies, public and
160 private agencies, and private individuals and corporations in
161 carrying out the purposes of, and the responsibilities
162 established in, this chapter.
163 (a) When the department contracts with a provider for any
164 program for children, all personnel, including owners,
165 operators, employees, and volunteers, in the facility must be of
166 good moral character. A volunteer who assists on an intermittent
167 basis for less than 10 40 hours per month need not be screened,
168 provided a person who meets the screening requirement of this
169 section is always present and has the volunteer within his or
170 her line of sight if the volunteer is under direct and constant
171 supervision by persons who meet the screening requirements.
172 Section 2. Subsection (1) of section 39.821, Florida
173 Statutes, is amended to read:
174 39.821 Qualifications of guardians ad litem.—
175 (1) Because of the special trust or responsibility placed
176 in a guardian ad litem, the Guardian Ad Litem Program may use
177 any private funds collected by the program, or any state funds
178 so designated, to conduct a security background investigation
179 before certifying a volunteer to serve. A security background
180 investigation must include, but need not be limited to,
181 employment history checks, checks of references, local criminal
182 records checks through local law enforcement agencies, and
183 statewide criminal records checks through the Department of Law
184 Enforcement. Upon request, an employer shall furnish a copy of
185 the personnel record for the employee or former employee who is
186 the subject of a security background investigation conducted
187 under this section. The information contained in the personnel
188 record may include, but need not be limited to, disciplinary
189 matters and the reason why the employee was terminated from
190 employment. An employer who releases a personnel record for
191 purposes of a security background investigation is presumed to
192 have acted in good faith and is not liable for information
193 contained in the record without a showing that the employer
194 maliciously falsified the record. A security background
195 investigation conducted under this section must ensure that a
196 person is not certified as a guardian ad litem if the person has
197 been convicted of, regardless of adjudication, or entered a plea
198 of nolo contendere or guilty to, any offense prohibited under
199 the provisions listed in s. 435.04. All applicants certified on
200 or after August 1, 2010, must undergo a level 2 background
201 screening pursuant to chapter 435 before being certified the
202 provisions of the Florida Statutes specified in s. 435.04(2) or
203 under any similar law in another jurisdiction. Before certifying
204 an applicant to serve as a guardian ad litem, the Guardian Ad
205 Litem Program may request a federal criminal records check of
206 the applicant through the Federal Bureau of Investigation. In
207 analyzing and evaluating the information obtained in the
208 security background investigation, the program must give
209 particular emphasis to past activities involving children,
210 including, but not limited to, child-related criminal offenses
211 or child abuse. The program has the sole discretion in
212 determining whether to certify a person based on his or her
213 security background investigation. The information collected
214 pursuant to the security background investigation is
215 confidential and exempt from s. 119.07(1).
216 Section 3. Paragraph (b) of subsection (1) of section
217 215.5586, Florida Statutes, is amended to read:
218 215.5586 My Safe Florida Home Program.—There is established
219 within the Department of Financial Services the My Safe Florida
220 Home Program. The department shall provide fiscal
221 accountability, contract management, and strategic leadership
222 for the program, consistent with this section. This section does
223 not create an entitlement for property owners or obligate the
224 state in any way to fund the inspection or retrofitting of
225 residential property in this state. Implementation of this
226 program is subject to annual legislative appropriations. It is
227 the intent of the Legislature that the My Safe Florida Home
228 Program provide trained and certified inspectors to perform
229 inspections for owners of site-built, single-family, residential
230 properties and grants to eligible applicants as funding allows.
231 The program shall develop and implement a comprehensive and
232 coordinated approach for hurricane damage mitigation that may
233 include the following:
234 (1) HURRICANE MITIGATION INSPECTIONS.—
235 (b) To qualify for selection by the department as a wind
236 certification entity to provide hurricane mitigation
237 inspections, the entity shall, at a minimum, meet the following
238 requirements:
239 1. Use hurricane mitigation inspectors who:
240 a. Are certified as a building inspector under s. 468.607;
241 b. Are licensed as a general or residential contractor
242 under s. 489.111;
243 c. Are licensed as a professional engineer under s. 471.015
244 and who have passed the appropriate equivalency test of the
245 building code training program as required by s. 553.841;
246 d. Are licensed as a professional architect under s.
247 481.213; or
248 e. Have at least 2 years of experience in residential
249 construction or residential building inspection and have
250 received specialized training in hurricane mitigation
251 procedures. Such training may be provided by a class offered
252 online or in person.
253 2. Use hurricane mitigation inspectors who also:
254 a. Have undergone drug testing and a level 2 background
255 screening checks pursuant to s. 435.04. The department may
256 conduct criminal record checks of inspectors used by wind
257 certification entities. Inspectors must submit a set of the
258 fingerprints to the department for state and national criminal
259 history checks and must pay the fingerprint processing fee set
260 forth in s. 624.501. The fingerprints shall be sent by the
261 department to the Department of Law Enforcement and forwarded to
262 the Federal Bureau of Investigation for processing. The results
263 shall be returned to the department for screening. The
264 fingerprints shall be taken by a law enforcement agency,
265 designated examination center, or other department-approved
266 entity; and
267 b. Have been certified, in a manner satisfactory to the
268 department, to conduct the inspections.
269 3. Provide a quality assurance program including a
270 reinspection component.
271 Section 4. Paragraphs (a) and (e) of subsection (1) of
272 section 393.0655, Florida Statutes, are amended, and subsection
273 (5) is added to that section, to read:
274 393.0655 Screening of direct service providers.—
275 (1) MINIMUM STANDARDS.—The agency shall require level 2
276 employment screening pursuant to chapter 435 for direct service
277 providers who are unrelated to their clients, including support
278 coordinators, and managers and supervisors of residential
279 facilities or comprehensive transitional education programs
280 licensed under this chapter and any other person, including
281 volunteers, who provide care or services, who have access to a
282 client’s living areas, or who have access to a client’s funds or
283 personal property. Background screening shall include employment
284 history checks as provided in s. 435.03(1) and local criminal
285 records checks through local law enforcement agencies.
286 (a) A volunteer who assists on an intermittent basis for
287 less than 10 40 hours per month does not have to be screened,
288 provided a person who meets the screening requirement of this
289 section is always present and has the volunteer within his or
290 her line of sight if the volunteer is under the direct and
291 constant visual supervision of persons who meet the screening
292 requirements of this section.
293 (e) A direct service provider who is awaiting the
294 completion of background screening is temporarily exempt from
295 the screening requirements under this section if the provider is
296 under the direct and constant visual supervision of persons who
297 meet the screening requirements of this section. Such exemption
298 expires 90 days after the direct service provider first provides
299 care or services to clients, has access to a client’s living
300 areas, or has access to a client’s funds or personal property.
301 (5) DISQUALIFYING OFFENSES.—The background screening
302 conducted under this section must ensure that, in addition to
303 the disqualifying offenses listed in s. 435.04, no person
304 subject to the provisions of this section has an arrest awaiting
305 final disposition for, has been found guilty of, regardless of
306 adjudication, or entered a plea of nolo contendere or guilty to,
307 or has been adjudicated delinquent and the record has not been
308 sealed or expunged for, any offense prohibited under any of the
309 following provisions of the Florida Statutes or under any
310 similar statute of another jurisdiction:
311 (a) Any authorizing statutes, if the offense was a felony.
312 (b) This chapter, if the offense was a felony.
313 (c) Section 409.920, relating to Medicaid provider fraud.
314 (d) Section 409.9201, relating to Medicaid fraud.
315 (e) Section 817.034, relating to fraudulent acts through
316 mail, wire, radio, electromagnetic, photoelectronic, or
317 photooptical systems.
318 (f) Section 817.234, relating to false and fraudulent
319 insurance claims.
320 (g) Section 817.505, relating to patient brokering.
321 (h) Section 817.568, relating to criminal use of personal
322 identification information.
323 (i) Section 817.60, relating to obtaining a credit card
324 through fraudulent means.
325 (j) Section 817.61, relating to fraudulent use of credit
326 cards, if the offense was a felony.
327 (k) Section 831.01, relating to forgery.
328 (l) Section 831.02, relating to uttering forged
329 instruments.
330 (m) Section 831.07, relating to forging bank bills, checks,
331 drafts, or promissory notes.
332 (n) Section 831.09, relating to uttering forged bank bills,
333 checks, drafts, or promissory notes.
334 Section 5. Section 394.4572, Florida Statutes, is amended
335 to read:
336 394.4572 Screening of mental health personnel.—
337 (1)(a) The department and the Agency for Health Care
338 Administration shall require level 2 background employment
339 screening pursuant to chapter 435 for mental health personnel
340 using the standards for level 2 screening set forth in chapter
341 435. “Mental health personnel” includes all program directors,
342 professional clinicians, staff members, and volunteers working
343 in public or private mental health programs and facilities who
344 have direct contact with individuals held for examination or
345 admitted for mental health treatment unmarried patients under
346 the age of 18 years. For purposes of this chapter, employment
347 screening of mental health personnel shall also include, but is
348 not limited to, employment screening as provided under chapter
349 435 and s. 408.809.
350 (b) Students in the health care professions who are
351 interning in a mental health facility licensed under chapter
352 395, where the primary purpose of the facility is not the
353 treatment of minors, are exempt from the fingerprinting and
354 screening requirements if, provided they are under direct
355 supervision in the actual physical presence of a licensed health
356 care professional.
357 (c) Mental health personnel working in a facility licensed
358 under chapter 395 who have less than 15 hours per week of direct
359 contact with patients or who are health care professionals
360 licensed by the Agency for Health Care Administration or a board
361 thereunder are exempt from the fingerprinting and screening
362 requirements, except for persons working in mental health
363 facilities where the primary purpose of the facility is the
364 treatment of minors.
365 (c)(d) A volunteer who assists on an intermittent basis for
366 less than 10 40 hours per month is exempt from the
367 fingerprinting and screening requirements, provided a person who
368 meets the screening requirement of paragraph (a) is always
369 present and has the volunteer within his or her line of sight
370 the volunteer is under direct and constant supervision by
371 persons who meet the screening requirements of paragraph (a).
372 (2) The department or the Agency for Health Care
373 Administration may grant exemptions from disqualification as
374 provided in chapter 435 s. 435.06.
375 (3) Prospective mental health personnel who have previously
376 been fingerprinted or screened pursuant to this chapter, chapter
377 393, chapter 397, chapter 402, or chapter 409, or teachers who
378 have been fingerprinted pursuant to chapter 1012, who have not
379 been unemployed for more than 90 days thereafter, and who under
380 the penalty of perjury attest to the completion of such
381 fingerprinting or screening and to compliance with the
382 provisions of this section and the standards for level 1
383 screening contained in chapter 435, shall not be required to be
384 refingerprinted or rescreened in order to comply with any
385 screening requirements of this part.
386 Section 6. Section 400.215, Florida Statutes, is amended to
387 read:
388 400.215 Personnel screening requirement.—
389 (1) The agency shall require level 2 background screening
390 for personnel as required in s. 408.809(1)(e) pursuant to as
391 provided in chapter 435 and s. 408.809. for all employees or
392 prospective employees of facilities licensed under this part who
393 are expected to, or whose responsibilities may require them to:
394 (a) Provide personal care or services to residents;
395 (b) Have access to resident living areas; or
396 (c) Have access to resident funds or other personal
397 property.
398 (2) Employers and employees shall comply with the
399 requirements of s. 435.05.
400 (a) Notwithstanding the provisions of s. 435.05(1),
401 facilities must have in their possession evidence that level 1
402 screening has been completed before allowing an employee to
403 begin working with patients as provided in subsection (1). All
404 information necessary for conducting background screening using
405 level 1 standards as specified in s. 435.03 shall be submitted
406 by the nursing facility to the agency. Results of the background
407 screening shall be provided by the agency to the requesting
408 nursing facility.
409 (b) Employees qualified under the provisions of paragraph
410 (a) who have not maintained continuous residency within the
411 state for the 5 years immediately preceding the date of request
412 for background screening must complete level 2 screening, as
413 provided in chapter 435. Such employees may work in a
414 conditional status up to 180 days pending the receipt of written
415 findings evidencing the completion of level 2 screening. Level 2
416 screening shall not be required of employees or prospective
417 employees who attest in writing under penalty of perjury that
418 they meet the residency requirement. Completion of level 2
419 screening shall require the employee or prospective employee to
420 furnish to the nursing facility a full set of fingerprints to
421 enable a criminal background investigation to be conducted. The
422 nursing facility shall submit the completed fingerprint card to
423 the agency. The agency shall establish a record of the request
424 in the database provided for in paragraph (c) and forward the
425 request to the Department of Law Enforcement, which is
426 authorized to submit the fingerprints to the Federal Bureau of
427 Investigation for a national criminal history records check. The
428 results of the national criminal history records check shall be
429 returned to the agency, which shall maintain the results in the
430 database provided for in paragraph (c). The agency shall notify
431 the administrator of the requesting nursing facility or the
432 administrator of any other facility licensed under chapter 393,
433 chapter 394, chapter 395, chapter 397, chapter 429, or this
434 chapter, as requested by such facility, as to whether or not the
435 employee has qualified under level 1 or level 2 screening. An
436 employee or prospective employee who has qualified under level 2
437 screening and has maintained such continuous residency within
438 the state shall not be required to complete a subsequent level 2
439 screening as a condition of employment at another facility.
440 (c) The agency shall establish and maintain a database of
441 background screening information which shall include the results
442 of both level 1 and level 2 screening. The Department of Law
443 Enforcement shall timely provide to the agency, electronically,
444 the results of each statewide screening for incorporation into
445 the database. The agency shall, upon request from any facility,
446 agency, or program required by or authorized by law to screen
447 its employees or applicants, notify the administrator of the
448 facility, agency, or program of the qualifying or disqualifying
449 status of the employee or applicant named in the request.
450 (d) Applicants and employees shall be excluded from
451 employment pursuant to s. 435.06.
452 (3) The applicant is responsible for paying the fees
453 associated with obtaining the required screening. Payment for
454 the screening shall be submitted to the agency. The agency shall
455 establish a schedule of fees to cover the costs of level 1 and
456 level 2 screening. Facilities may reimburse employees for these
457 costs. The Department of Law Enforcement shall charge the agency
458 for a level 1 or level 2 screening a rate sufficient to cover
459 the costs of such screening pursuant to s. 943.053(3). The
460 agency shall, as allowable, reimburse nursing facilities for the
461 cost of conducting background screening as required by this
462 section. This reimbursement will not be subject to any rate
463 ceilings or payment targets in the Medicaid Reimbursement plan.
464 (4)(a) As provided in s. 435.07, the agency may grant an
465 exemption from disqualification to an employee or prospective
466 employee who is subject to this section and who has not received
467 a professional license or certification from the Department of
468 Health.
469 (b) As provided in s. 435.07, the appropriate regulatory
470 board within the Department of Health, or that department itself
471 when there is no board, may grant an exemption from
472 disqualification to an employee or prospective employee who is
473 subject to this section and who has received a professional
474 license or certification from the Department of Health or a
475 regulatory board within that department.
476 (5) Any provision of law to the contrary notwithstanding,
477 persons who have been screened and qualified as required by this
478 section and who have not been unemployed for more than 180 days
479 thereafter, and who under penalty of perjury attest to not
480 having been convicted of a disqualifying offense since the
481 completion of such screening, shall not be required to be
482 rescreened. An employer may obtain, pursuant to s. 435.10,
483 written verification of qualifying screening results from the
484 previous employer or other entity which caused such screening to
485 be performed.
486 (6) The agency and the Department of Health shall have
487 authority to adopt rules pursuant to the Administrative
488 Procedure Act to implement this section.
489 (7) All employees shall comply with the requirements of
490 this section by October 1, 1998. No current employee of a
491 nursing facility as of the effective date of this act shall be
492 required to submit to rescreening if the nursing facility has in
493 its possession written evidence that the person has been
494 screened and qualified according to level 1 standards as
495 specified in s. 435.03(1). Any current employee who meets the
496 level 1 requirement but does not meet the 5-year residency
497 requirement as specified in this section must provide to the
498 employing nursing facility written attestation under penalty of
499 perjury that the employee has not been convicted of a
500 disqualifying offense in another state or jurisdiction. All
501 applicants hired on or after October 1, 1998, shall comply with
502 the requirements of this section.
503 (8) There is no monetary or unemployment liability on the
504 part of, and no cause of action for damages arising against an
505 employer that, upon notice of a disqualifying offense listed
506 under chapter 435 or an act of domestic violence, terminates the
507 employee against whom the report was issued, whether or not the
508 employee has filed for an exemption with the Department of
509 Health or the Agency for Health Care Administration.
510 Section 7. Subsection (9) of section 400.506, Florida
511 Statutes, is amended to read:
512 400.506 Licensure of nurse registries; requirements;
513 penalties.—
514 (9) Each nurse registry must comply with the background
515 screening requirements procedures set forth in s. 400.512 for
516 maintaining records of the work history of all persons referred
517 for contract and is subject to the standards and conditions set
518 forth in that section. However, an initial screening may not be
519 required for persons who have been continuously registered with
520 the nurse registry since October 1, 2000.
521 Section 8. Section 400.512, Florida Statutes, is amended to
522 read:
523 400.512 Screening of home health agency personnel; nurse
524 registry personnel and contractors; and companions and
525 homemakers.—The agency, registry, or service shall require level
526 2 background screening for employees or contractors as required
527 in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809
528 employment or contractor screening as provided in chapter 435,
529 using the level 1 standards for screening set forth in that
530 chapter, for home health agency personnel; persons referred for
531 employment by nurse registries; and persons employed by
532 companion or homemaker services registered under s. 400.509.
533 (1)(a) The Agency for Health Care Administration may, upon
534 request, grant exemptions from disqualification from employment
535 or contracting under this section as provided in s. 435.07,
536 except for health care practitioners licensed by the Department
537 of Health or a regulatory board within that department.
538 (b) The appropriate regulatory board within the Department
539 of Health, or that department itself when there is no board,
540 may, upon request of the licensed health care practitioner,
541 grant exemptions from disqualification from employment or
542 contracting under this section as provided in s. 435.07.
543 (2) The administrator of each home health agency, the
544 managing employee of each nurse registry, and the managing
545 employee of each companion or homemaker service registered under
546 s. 400.509 must sign an affidavit annually, under penalty of
547 perjury, stating that all personnel hired or contracted with or
548 registered on or after October 1, 2000, who enter the home of a
549 patient or client in their service capacity have been screened.
550 (3) As a prerequisite to operating as a home health agency,
551 nurse registry, or companion or homemaker service under s.
552 400.509, the administrator or managing employee, respectively,
553 must submit to the agency his or her name and any other
554 information necessary to conduct a complete screening according
555 to this section. The agency shall submit the information to the
556 Department of Law Enforcement for state processing. The agency
557 shall review the record of the administrator or manager with
558 respect to the offenses specified in this section and shall
559 notify the owner of its findings. If disposition information is
560 missing on a criminal record, the administrator or manager, upon
561 request of the agency, must obtain and supply within 30 days the
562 missing disposition information to the agency. Failure to supply
563 missing information within 30 days or to show reasonable efforts
564 to obtain such information will result in automatic
565 disqualification.
566 (4) Proof of compliance with the screening requirements of
567 chapter 435 shall be accepted in lieu of the requirements of
568 this section if the person has been continuously employed or
569 registered without a breach in service that exceeds 180 days,
570 the proof of compliance is not more than 2 years old, and the
571 person has been screened by the Department of Law Enforcement. A
572 home health agency, nurse registry, or companion or homemaker
573 service registered under s. 400.509 shall directly provide proof
574 of compliance to another home health agency, nurse registry, or
575 companion or homemaker service registered under s. 400.509. The
576 recipient home health agency, nurse registry, or companion or
577 homemaker service registered under s. 400.509 may not accept any
578 proof of compliance directly from the person who requires
579 screening. Proof of compliance with the screening requirements
580 of this section shall be provided upon request to the person
581 screened by the home health agencies; nurse registries; or
582 companion or homemaker services registered under s. 400.509.
583 (5) There is no monetary liability on the part of, and no
584 cause of action for damages arises against, a licensed home
585 health agency, licensed nurse registry, or companion or
586 homemaker service registered under s. 400.509, that, upon notice
587 that the employee or contractor has been found guilty of,
588 regardless of adjudication, or entered a plea of nolo contendere
589 or guilty to, any offense prohibited under s. 435.03 or under
590 any similar statute of another jurisdiction, terminates the
591 employee or contractor, whether or not the employee or
592 contractor has filed for an exemption with the agency in
593 accordance with chapter 435 and whether or not the time for
594 filing has expired.
595 (6) The costs of processing the statewide correspondence
596 criminal records checks must be borne by the home health agency;
597 the nurse registry; or the companion or homemaker service
598 registered under s. 400.509, or by the person being screened, at
599 the discretion of the home health agency, nurse registry, or s.
600 400.509 registrant.
601 Section 9. Section 400.6065, Florida Statutes, is amended
602 to read:
603 400.6065 Background screening.—The agency shall require
604 level 2 background employment or contractor screening for
605 personnel as required in s. 408.809(1)(e) pursuant to chapter
606 435 and s. 408.809 as provided in chapter 435, using the level 1
607 standards for screening set forth in that chapter, for hospice
608 personnel.
609 Section 10. Subsection (2) of section 400.801, Florida
610 Statutes, is amended to read:
611 400.801 Homes for special services.—
612 (2)(a) The requirements of part II of chapter 408 apply to
613 the provision of services that require licensure pursuant to
614 this section and part II of chapter 408 and entities licensed by
615 or applying for such licensure from the agency pursuant to this
616 section. A license issued by the agency is required in order to
617 operate a home for special services in this state.
618 (b) The agency shall require level 2 background screening
619 for personnel as required in s. 408.809(1)(e) pursuant to
620 chapter 435 and s. 408.809.
621 Section 11. Paragraph (d) is added to subsection (2) of
622 section 400.805, Florida Statutes, to read:
623 400.805 Transitional living facilities.—
624 (2)
625 (d) The agency shall require level 2 background screening
626 for personnel as required in s. 408.809(1)(e) pursuant to
627 chapter 435 and s. 408.809.
628 Section 12. Section 400.9065, Florida Statutes, is created
629 to read:
630 400.9065 Background screening.—The agency shall require
631 level 2 background screening for personnel as required in s.
632 408.809(1)(e) pursuant to chapter 435 and s. 408.809.
633 Section 13. Subsection (16) of section 400.934, Florida
634 Statutes, is amended to read:
635 400.934 Minimum standards.—As a requirement of licensure,
636 home medical equipment providers shall:
637 (16) Establish procedures for maintaining a record of the
638 employment history, including background screening as required
639 by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
640 medical equipment provider personnel. A home medical equipment
641 provider must require its personnel to submit an employment
642 history to the home medical equipment provider and must verify
643 the employment history for at least the previous 5 years, unless
644 through diligent efforts such verification is not possible.
645 There is no monetary liability on the part of, and no cause of
646 action for damages arising against a former employer, a
647 prospective employee, or a prospective independent contractor
648 with a licensed home medical equipment provider, who reasonably
649 and in good faith communicates his or her honest opinions about
650 a former employee’s job performance. This subsection does not
651 affect the official immunity of an officer or employee of a
652 public corporation.
653 Section 14. Section 400.953, Florida Statutes, is amended
654 to read:
655 400.953 Background screening of home medical equipment
656 provider personnel.—The agency shall require level 2 background
657 screening for personnel as required in s. 408.809(1)(e) pursuant
658 to chapter 435 and s. 408.809 employment screening as provided
659 in chapter 435, using the level 1 standards for screening set
660 forth in that chapter, for home medical equipment provider
661 personnel.
662 (1) The agency may grant exemptions from disqualification
663 from employment under this section as provided in s. 435.07.
664 (2) The general manager of each home medical equipment
665 provider must sign an affidavit annually, under penalty of
666 perjury, stating that all home medical equipment provider
667 personnel hired on or after July 1, 1999, who enter the home of
668 a patient in the capacity of their employment have been screened
669 and that its remaining personnel have worked for the home
670 medical equipment provider continuously since before July 1,
671 1999.
672 (3) Proof of compliance with the screening requirements of
673 s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
674 s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
675 must be accepted in lieu of the requirements of this section if
676 the person has been continuously employed in the same type of
677 occupation for which he or she is seeking employment without a
678 breach in service that exceeds 180 days, the proof of compliance
679 is not more than 2 years old, and the person has been screened
680 by the Department of Law Enforcement. An employer or contractor
681 shall directly provide proof of compliance to another employer
682 or contractor, and a potential employer or contractor may not
683 accept any proof of compliance directly from the person
684 requiring screening. Proof of compliance with the screening
685 requirements of this section shall be provided, upon request, to
686 the person screened by the home medical equipment provider.
687 (4) There is no monetary liability on the part of, and no
688 cause of action for damages arising against, a licensed home
689 medical equipment provider that, upon notice that an employee
690 has been found guilty of, regardless of adjudication, or entered
691 a plea of nolo contendere or guilty to, any offense prohibited
692 under s. 435.03 or under any similar statute of another
693 jurisdiction, terminates the employee, whether or not the
694 employee has filed for an exemption with the agency and whether
695 or not the time for filing has expired.
696 (5) The costs of processing the statewide correspondence
697 criminal records checks must be borne by the home medical
698 equipment provider or by the person being screened, at the
699 discretion of the home medical equipment provider.
700 (6) Neither the agency nor the home medical equipment
701 provider may use the criminal records or juvenile records of a
702 person for any purpose other than determining whether that
703 person meets minimum standards of good moral character for home
704 medical equipment provider personnel.
705 (7)(a) It is a misdemeanor of the first degree, punishable
706 as provided in s. 775.082 or s. 775.083, for any person
707 willfully, knowingly, or intentionally to:
708 1. Fail, by false statement, misrepresentation,
709 impersonation, or other fraudulent means, to disclose in any
710 application for paid employment a material fact used in making a
711 determination as to the person’s qualifications to be an
712 employee under this section;
713 2. Operate or attempt to operate an entity licensed under
714 this part with persons who do not meet the minimum standards for
715 good moral character as contained in this section; or
716 3. Use information from the criminal records obtained under
717 this section for any purpose other than screening that person
718 for employment as specified in this section, or release such
719 information to any other person for any purpose other than
720 screening for employment under this section.
721 (b) It is a felony of the third degree, punishable as
722 provided in s. 775.082, s. 775.083, or s. 775.084, for any
723 person willfully, knowingly, or intentionally to use information
724 from the juvenile records of a person obtained under this
725 section for any purpose other than screening for employment
726 under this section.
727 Section 15. Section 400.955, Florida Statutes, is repealed.
728 Section 16. Section 400.964, Florida Statutes, is amended
729 to read:
730 400.964 Personnel screening requirement.—
731 (1) The agency shall require level 2 background screening
732 for personnel as required in s. 408.809(1)(e) pursuant to
733 chapter 435 and s. 408.809 as provided in chapter 435 for all
734 employees or prospective employees of facilities licensed under
735 this part who are expected to be, or whose responsibilities are
736 such that they would be considered to be, a direct service
737 provider.
738 (2) Employers and employees shall comply with the
739 requirements of chapter 435.
740 (3) Applicants and employees shall be excluded from
741 employment pursuant to s. 435.06.
742 (4) The applicant is responsible for paying the fees
743 associated with obtaining the required screening. Payment for
744 the screening must be submitted to the agency as prescribed by
745 the agency.
746 (5) Notwithstanding any other provision of law, persons who
747 have been screened and qualified as required by this section and
748 who have not been unemployed for more than 180 days thereafter,
749 and who under penalty of perjury attest to not having been
750 convicted of a disqualifying offense since the completion of
751 such screening are not required to be rescreened. An employer
752 may obtain, pursuant to s. 435.10, written verification of
753 qualifying screening results from the previous employer or other
754 entity that caused such screening to be performed.
755 (6) The agency may adopt rules to administer this section.
756 (7) All employees must comply with the requirements of this
757 section by October 1, 2000. A person employed by a facility
758 licensed pursuant to this part as of the effective date of this
759 act is not required to submit to rescreening if the facility has
760 in its possession written evidence that the person has been
761 screened and qualified according to level 1 standards as
762 specified in s. 435.03. Any current employee who meets the level
763 1 requirement but does not meet the 5-year residency requirement
764 must provide to the employing facility written attestation under
765 penalty of perjury that the employee has not been convicted of a
766 disqualifying offense in another state or jurisdiction. All
767 applicants hired on or after October 1, 1999, must comply with
768 the requirements of this section.
769 (8) There is no monetary or unemployment liability on the
770 part of, and no cause of action for damages arises against an
771 employer that, upon notice of a disqualifying offense listed
772 under chapter 435 or an act of domestic violence, terminates the
773 employee, whether or not the employee has filed for an exemption
774 with the Department of Health or the Agency for Health Care
775 Administration.
776 Section 17. Subsection (3) of section 400.980, Florida
777 Statutes, is amended to read:
778 400.980 Health care services pools.—
779 (3) Upon receipt of a completed, signed, and dated
780 application, The agency shall require level 2 background
781 screening for personnel as required in s. 408.809(1)(e) pursuant
782 to chapter 435 and s. 408.809, in accordance with the level 1
783 standards for screening set forth in chapter 435, of every
784 individual who will have contact with patients.
785 Section 18. Subsection (5) of section 400.991, Florida
786 Statutes, is amended to read:
787 400.991 License requirements; background screenings;
788 prohibitions.—
789 (5) Each applicant for licensure shall comply with the
790 following requirements:
791 (a) As used in this subsection, the term “applicant” means
792 individuals owning or controlling, directly or indirectly, 5
793 percent or more of an interest in a clinic; the medical or
794 clinic director, or a similarly titled person who is responsible
795 for the day-to-day operation of the licensed clinic; the
796 financial officer or similarly titled individual who is
797 responsible for the financial operation of the clinic; and
798 licensed health care practitioners at the clinic.
799 (b) Upon receipt of a completed, signed, and dated
800 application, The agency shall require level 2 background
801 screening for applicants and personnel as required in s.
802 408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
803 applicant, in accordance with the level 2 standards for
804 screening set forth in chapter 435. Proof of compliance with the
805 level 2 background screening requirements of chapter 435 which
806 has been submitted within the previous 5 years in compliance
807 with any other health care licensure requirements of this state
808 is acceptable in fulfillment of this paragraph. Applicants who
809 own less than 10 percent of a health care clinic are not
810 required to submit fingerprints under this section.
811 (c) Each applicant must submit to the agency, with the
812 application, a description and explanation of any exclusions,
813 permanent suspensions, or terminations of an applicant from the
814 Medicare or Medicaid programs. Proof of compliance with the
815 requirements for disclosure of ownership and control interest
816 under the Medicaid or Medicare programs may be accepted in lieu
817 of this submission. The description and explanation may indicate
818 whether such exclusions, suspensions, or terminations were
819 voluntary or not voluntary on the part of the applicant.
820 (d) A license may not be granted to a clinic if the
821 applicant has been found guilty of, regardless of adjudication,
822 or has entered a plea of nolo contendere or guilty to, any
823 offense prohibited under the level 2 standards for screening set
824 forth in chapter 435, or a violation of insurance fraud under s.
825 817.234, within the past 5 years. If the applicant has been
826 convicted of an offense prohibited under the level 2 standards
827 or insurance fraud in any jurisdiction, the applicant must show
828 that his or her civil rights have been restored prior to
829 submitting an application.
830 Section 19. Paragraph (h) is added to subsection (1) of
831 section 408.806, Florida Statutes, to read:
832 408.806 License application process.—
833 (1) An application for licensure must be made to the agency
834 on forms furnished by the agency, submitted under oath, and
835 accompanied by the appropriate fee in order to be accepted and
836 considered timely. The application must contain information
837 required by authorizing statutes and applicable rules and must
838 include:
839 (h) An affidavit, under penalty of perjury, as required in
840 s. 435.05(3), stating compliance with the provisions of this
841 section and chapter 435.
842 Section 20. Subsection (2) of section 408.808, Florida
843 Statutes, is amended to read:
844 408.808 License categories.—
845 (2) PROVISIONAL LICENSE.—A provisional license may be
846 issued to an applicant pursuant to s. 408.809(3). An applicant
847 against whom a proceeding denying or revoking a license is
848 pending at the time of license renewal may be issued a
849 provisional license effective until final action not subject to
850 further appeal. A provisional license may also be issued to an
851 applicant applying for a change of ownership. A provisional
852 license shall be limited in duration to a specific period of
853 time, not to exceed 12 months, as determined by the agency.
854 Section 21. Section 408.809, Florida Statutes, is amended
855 to read:
856 408.809 Background screening; prohibited offenses.—
857 (1) Level 2 background screening pursuant to chapter 435
858 must be conducted through the agency on each of the following
859 persons, who shall be considered an employee for the purposes of
860 conducting screening under chapter 435:
861 (a) The licensee, if an individual.
862 (b) The administrator or a similarly titled person who is
863 responsible for the day-to-day operation of the provider.
864 (c) The financial officer or similarly titled individual
865 who is responsible for the financial operation of the licensee
866 or provider.
867 (d) Any person who is a controlling interest if the agency
868 has reason to believe that such person has been convicted of any
869 offense prohibited by s. 435.04. For each controlling interest
870 who has been convicted of any such offense, the licensee shall
871 submit to the agency a description and explanation of the
872 conviction at the time of license application.
873 (e) Any person, as required by authorizing statutes,
874 seeking employment with a licensee or provider who is expected
875 to, or whose responsibilities may require him or her to, provide
876 personal care or services directly to clients or have access to
877 client funds, personal property, or living areas; and any
878 person, as required by authorizing statutes, contracting with a
879 licensee or provider whose responsibilities require him or her
880 to provide personal care or personal services directly to
881 clients. Evidence of contractor screening may be retained by the
882 contractor’s employer or the licensee.
883 (2) Every 5 years following his or her licensure,
884 employment, or entry into a contract in a capacity that under
885 subsection (1) would require level 2 background screening under
886 chapter 435, each such person must submit to level 2 background
887 rescreening as a condition of retaining such license or
888 continuing in such employment or contractual status. For any
889 such rescreening, the agency shall request the Department of Law
890 Enforcement to forward the person’s fingerprints to the Federal
891 Bureau of Investigation for a national criminal history record
892 check. If the fingerprints of such a person are not retained by
893 the Department of Law Enforcement under s. 943.05(2)(g), the
894 person must file a complete set of fingerprints with the agency
895 and the agency shall forward the fingerprints to the Department
896 of Law Enforcement for state processing, and the Department of
897 Law Enforcement shall forward the fingerprints to the Federal
898 Bureau of Investigation for a national criminal history record
899 check. The fingerprints may be retained by the Department of Law
900 Enforcement under s. 943.05(2)(g). The cost of the state and
901 national criminal history records checks required by level 2
902 screening may be borne by the licensee or the person
903 fingerprinted. Proof of compliance with level 2 screening
904 standards submitted within the previous 5 years to meet any
905 provider or professional licensure requirements of the agency,
906 the Department of Health, the Agency for Persons with
907 Disabilities, or the Department of Children and Family Services,
908 or the Department of Financial Services for an applicant for a
909 certificate of authority or provisional certificate of authority
910 to operate a continuing care retirement community under chapter
911 651 satisfies the requirements of this section, provided that
912 the person subject to screening has not been unemployed for more
913 than 90 days and such proof is accompanied, under penalty of
914 perjury, by an affidavit of compliance with the provisions of
915 chapter 435 and this section using forms provided by the agency.
916 Proof of compliance with the background screening requirements
917 of the Department of Financial Services submitted within the
918 previous 5 years for an applicant for a certificate of authority
919 to operate a continuing care retirement community under chapter
920 651 satisfies the Department of Law Enforcement and Federal
921 Bureau of Investigation portions of a level 2 background check.
922 (3) All fingerprints must be provided in electronic format.
923 Screening results shall be reviewed by the agency with respect
924 to the offenses specified in s. 435.04 and this section, and the
925 qualifying or disqualifying status of the person named in the
926 request shall be maintained in a database. The qualifying or
927 disqualifying status of the person named in the request shall be
928 posted on a secure website for retrieval by the licensee or
929 designated agent on the licensee’s behalf. A provisional license
930 may be granted to an applicant when each individual required by
931 this section to undergo background screening has met the
932 standards for the Department of Law Enforcement background check
933 but the agency has not yet received background screening results
934 from the Federal Bureau of Investigation. A standard license may
935 be granted to the licensee upon the agency’s receipt of a report
936 of the results of the Federal Bureau of Investigation background
937 screening for each individual required by this section to
938 undergo background screening that confirms that all standards
939 have been met or upon the granting of an exemption from
940 disqualification by the agency as set forth in chapter 435.
941 (4) When a person is newly employed in a capacity that
942 requires screening under this section, the licensee must notify
943 the agency of the change within the time period specified in the
944 authorizing statute or rules and must submit to the agency
945 information necessary to conduct level 2 screening or provide
946 evidence of compliance with background screening requirements of
947 this section. The person may serve in his or her capacity
948 pending the agency’s receipt of the report from the Federal
949 Bureau of Investigation if he or she has met the standards for
950 the Department of Law Enforcement background check. However, the
951 person may not continue to serve in his or her capacity if the
952 report indicates any violation of background screening standards
953 unless an exemption from disqualification has been granted by
954 the agency as set forth in chapter 435.
955 (4)(5) Effective October 1, 2009, In addition to the
956 offenses listed in s. ss. 435.03 and 435.04, all persons
957 required to undergo background screening pursuant to this part
958 or authorizing statutes must not have an arrest awaiting final
959 disposition for, must not have been found guilty of, regardless
960 of adjudication, or entered a plea of nolo contendere or guilty
961 to, and must not have been adjudicated delinquent and the record
962 not have been sealed or expunged for any of the following
963 offenses or any similar offense of another jurisdiction:
964 (a) Any authorizing statutes, if the offense was a felony.
965 (b) This chapter, if the offense was a felony.
966 (c) Section 409.920, relating to Medicaid provider fraud,
967 if the offense was a felony.
968 (d) Section 409.9201, relating to Medicaid fraud, if the
969 offense was a felony.
970 (e) Section 741.28, relating to domestic violence.
971 (f) Chapter 784, relating to assault, battery, and culpable
972 negligence, if the offense was a felony.
973 (g) Section 810.02, relating to burglary.
974 (f)(h) Section 817.034, relating to fraudulent acts through
975 mail, wire, radio, electromagnetic, photoelectronic, or
976 photooptical systems.
977 (g)(i) Section 817.234, relating to false and fraudulent
978 insurance claims.
979 (h)(j) Section 817.505, relating to patient brokering.
980 (i)(k) Section 817.568, relating to criminal use of
981 personal identification information.
982 (j)(l) Section 817.60, relating to obtaining a credit card
983 through fraudulent means.
984 (k)(m) Section 817.61, relating to fraudulent use of credit
985 cards, if the offense was a felony.
986 (l)(n) Section 831.01, relating to forgery.
987 (m)(o) Section 831.02, relating to uttering forged
988 instruments.
989 (n)(p) Section 831.07, relating to forging bank bills,
990 checks, drafts, or promissory notes.
991 (o)(q) Section 831.09, relating to uttering forged bank
992 bills, checks, drafts, or promissory notes.
993 (p)(r) Section 831.30, relating to fraud in obtaining
994 medicinal drugs.
995 (q)(s) Section 831.31, relating to the sale, manufacture,
996 delivery, or possession with the intent to sell, manufacture, or
997 deliver any counterfeit controlled substance, if the offense was
998 a felony.
999
1000 A person who serves as a controlling interest of, or is employed
1001 by, or contracts with a licensee on July 31, 2010 September 30,
1002 2009, who has been screened and qualified according to standards
1003 specified in s. 435.03 or s. 435.04 must be rescreened by July
1004 31, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
1005 and 120.54 to establish a schedule to stagger the implementation
1006 of the required rescreening over the 5-year period, beginning
1007 July 31, 2010, through July 31, 2015. If, upon rescreening, is
1008 not required by law to submit to rescreening if that licensee
1009 has in its possession written evidence that the person has been
1010 screened and qualified according to the standards specified in
1011 s. 435.03 or s. 435.04. However, if such person has a
1012 disqualifying offense that was not a disqualifying offense at
1013 the time of the last screening, but is a current disqualifying
1014 offense and was committed prior to the last screening listed in
1015 this section, he or she may apply for an exemption from the
1016 appropriate licensing agency before September 30, 2009, and, if
1017 agreed to by the employer, may continue to perform his or her
1018 duties until the licensing agency renders a decision on the
1019 application for exemption as long as the person is eligible to
1020 apply for an exemption and the exemption request is received by
1021 the agency within 30 days after receipt of the rescreening
1022 results by the person for offenses listed in this section.
1023 Exemptions from disqualification may be granted pursuant to s.
1024 435.07.
1025 (5)(6) The costs associated with obtaining the required
1026 screening must be borne either by the licensee or the person
1027 subject to screening. Licensees may reimburse persons for these
1028 costs. The Department of Law Enforcement shall charge the agency
1029 for screening pursuant to s. 943.053(3). The agency shall
1030 establish a schedule of fees to cover the costs of screening The
1031 attestations required under ss. 435.04(5) and 435.05(3) must be
1032 submitted at the time of license renewal, notwithstanding the
1033 provisions of ss. 435.04(5) and 435.05(3) which require annual
1034 submission of an affidavit of compliance with background
1035 screening requirements.
1036 (6)(a) As provided in chapter 435, the agency may grant an
1037 exemption from disqualification to a person who is subject to
1038 this section and who has not received a professional license or
1039 certification from the Department of Health if that person is
1040 providing a service that is within the scope of his or her
1041 licensed or certified practice.
1042 (b) As provided in chapter 435, the appropriate regulatory
1043 board within the Department of Health, or the department itself
1044 when there is no board, may grant an exemption from
1045 disqualification to a person who is subject to this section and
1046 who has received a professional license or certification from
1047 the Department of Health or a regulatory board within that
1048 department and that person is providing a service within the
1049 scope of his or her licensed or certified practice.
1050 (7) The agency and the Department of Health may adopt rules
1051 pursuant to ss. 120.536(1) and 120.54 to implement this section,
1052 chapter 435, and authorizing statutes requiring background
1053 screening and to implement and adopt criteria relating to
1054 retaining fingerprints pursuant to s. 943.05(2).
1055 (8) There is no unemployment compensation or other monetary
1056 liability on the part of, and no cause of action for damages
1057 arising against, an employer that, upon notice of a
1058 disqualifying offense listed under chapter 435 or this section,
1059 terminates the person against whom the report was issued,
1060 whether or not that person has filed for an exemption with the
1061 Department of Health or the agency.
1062 Section 22. Subsection (3) of section 402.302, Florida
1063 Statutes, is amended to read:
1064 402.302 Definitions.—
1065 (3) “Child care personnel” means all owners, operators,
1066 employees, and volunteers working in a child care facility. The
1067 term does not include persons who work in a child care facility
1068 after hours when children are not present or parents of children
1069 in a child care facility Head Start. For purposes of screening,
1070 the term includes any member, over the age of 12 years, of a
1071 child care facility operator’s family, or person, over the age
1072 of 12 years, residing with a child care facility operator if the
1073 child care facility is located in or adjacent to the home of the
1074 operator or if the
1075 family member of, or person residing with, the child care
1076 facility operator has any direct contact with the children in
1077 the facility during its hours of operation. Members of the
1078 operator’s family or persons residing with the operator who are
1079 between the ages of 12 years and 18 years shall not be required
1080 to be fingerprinted but shall be screened for delinquency
1081 records. For purposes of screening, the term shall also include
1082 persons who work in child care programs which provide care for
1083 children 15 hours or more each week in public or nonpublic
1084 schools, summer day camps, family day care homes, or those
1085 programs otherwise exempted under s. 402.316. The term does not
1086 include public or nonpublic school personnel who are providing
1087 care during regular school hours, or after hours for activities
1088 related to a school’s program for grades kindergarten through
1089 12. A volunteer who assists on an intermittent basis for less
1090 than 10 40 hours per month is not included in the term
1091 “personnel” for the purposes of screening and training, provided
1092 a person who meets the screening requirement of s. 402.305(2) is
1093 always present and has the volunteer in his or her line of sight
1094 that the volunteer is under direct and constant supervision by
1095 persons who meet the personnel requirements of s. 402.305(2).
1096 Students who observe and participate in a child care facility as
1097 a part of their required coursework shall not be considered
1098 child care personnel, provided such observation and
1099 participation are on an intermittent basis and a person who
1100 meets the screening requirement of s. 402.305(2) is always
1101 present and has the student in his or her line of sight the
1102 students are under direct and constant supervision of child care
1103 personnel.
1104 Section 23. Paragraphs (i) and (k) of subsection (2) of
1105 section 409.175, Florida Statutes, are amended, present
1106 paragraphs (b) and (c) of subsection (5) of that section are
1107 redesignated as paragraphs (c) and (d), respectively, and a new
1108 paragraph (b) is added to that section to read:
1109 409.175 Licensure of family foster homes, residential
1110 child-caring agencies, and child-placing agencies; public
1111 records exemption.—
1112 (2) As used in this section, the term:
1113 (i) “Personnel” means all owners, operators, employees, and
1114 volunteers working in a child-placing agency, family foster
1115 home, or residential child-caring agency who may be employed by
1116 or do volunteer work for a person, corporation, or agency which
1117 holds a license as a child-placing agency or a residential
1118 child-caring agency, but the term does not include those who do
1119 not work on the premises where child care is furnished and
1120 either have no direct contact with a child or have no contact
1121 with a child outside of the presence of the child’s parent or
1122 guardian. For purposes of screening, the term shall include any
1123 member, over the age of 12 years, of the family of the owner or
1124 operator or any person other than a client, over the age of 12
1125 years, residing with the owner or operator if the agency or
1126 family foster home is located in or adjacent to the home of the
1127 owner or operator or if the family member of, or person residing
1128 with, the owner or operator has any direct contact with the
1129 children. Members of the family of the owner or operator, or
1130 persons residing with the owner or operator, who are between the
1131 ages of 12 years and 18 years shall not be required to be
1132 fingerprinted, but shall be screened for delinquency records.
1133 For purposes of screening, the term “personnel” shall also
1134 include owners, operators, employees, and volunteers working in
1135 summer day camps, or summer 24-hour camps providing care for
1136 children. A volunteer who assists on an intermittent basis for
1137 less than 10 40 hours per month shall not be included in the
1138 term “personnel” for the purposes of screening, provided a
1139 person who meets the screening requirement of this section is
1140 always present and has the volunteer in his or her line of sight
1141 that the volunteer is under direct and constant supervision by
1142 persons who meet the personnel requirements of this section.
1143 (k) “Screening” means the act of assessing the background
1144 of personnel and includes, but is not limited to, employment
1145 history checks as provided in chapter 435, using the level 2
1146 standards for screening set forth in that chapter. Screening for
1147 employees and volunteers in summer day camps and summer 24-hour
1148 camps and screening for all volunteers included under the
1149 definition of “personnel” shall be conducted as provided in
1150 chapter 435, using the level 1 standards set forth in that
1151 chapter.
1152 (5)
1153 (b) The department shall randomly drug test a licensed
1154 foster parent if there is a reasonable suspicion that he or she
1155 is using illegal drugs. The cost of testing shall be paid by the
1156 foster parent but shall be reimbursed by the department if the
1157 test is negative. The department may adopt rules necessary to
1158 administer this paragraph.
1159 Section 24. Paragraph (i) of subsection (4) of section
1160 409.221, Florida Statutes, is amended to read:
1161 409.221 Consumer-directed care program.—
1162 (4) CONSUMER-DIRECTED CARE.—
1163 (i) Background screening requirements.—All persons who
1164 render care under this section must undergo level 2 background
1165 screening pursuant to chapter 435 shall comply with the
1166 requirements of s. 435.05. Persons shall be excluded from
1167 employment pursuant to s. 435.06.
1168 1. Persons excluded from employment may request an
1169 exemption from disqualification, as provided in s. 435.07.
1170 Persons not subject to certification or professional licensure
1171 may request an exemption from the agency. In considering a
1172 request for an exemption, the agency shall comply with the
1173 provisions of s. 435.07.
1174 2. The agency shall, as allowable, reimburse consumer
1175 employed caregivers for the cost of conducting background
1176 screening as required by this section.
1177
1178 For purposes of this section, a person who has undergone
1179 screening, who is qualified for employment under this section
1180 and applicable rule, and who has not been unemployed for more
1181 than 90 180 days following such screening is not required to be
1182 rescreened. Such person must attest under penalty of perjury to
1183 not having been convicted of a disqualifying offense since
1184 completing such screening.
1185 Section 25. Subsection (8) of section 409.907, Florida
1186 Statutes, is amended to read:
1187 409.907 Medicaid provider agreements.—The agency may make
1188 payments for medical assistance and related services rendered to
1189 Medicaid recipients only to an individual or entity who has a
1190 provider agreement in effect with the agency, who is performing
1191 services or supplying goods in accordance with federal, state,
1192 and local law, and who agrees that no person shall, on the
1193 grounds of handicap, race, color, or national origin, or for any
1194 other reason, be subjected to discrimination under any program
1195 or activity for which the provider receives payment from the
1196 agency.
1197 (8)(a) Each provider, or each principal of the provider if
1198 the provider is a corporation, partnership, association, or
1199 other entity, seeking to participate in the Medicaid program
1200 must submit a complete set of his or her fingerprints to the
1201 agency for the purpose of conducting a criminal history record
1202 check. Principals of the provider include any officer, director,
1203 billing agent, managing employee, or affiliated person, or any
1204 partner or shareholder who has an ownership interest equal to 5
1205 percent or more in the provider. However, a director of a not
1206 for-profit corporation or organization is not a principal for
1207 purposes of a background investigation as required by this
1208 section if the director: serves solely in a voluntary capacity
1209 for the corporation or organization, does not regularly take
1210 part in the day-to-day operational decisions of the corporation
1211 or organization, receives no remuneration from the not-for
1212 profit corporation or organization for his or her service on the
1213 board of directors, has no financial interest in the not-for
1214 profit corporation or organization, and has no family members
1215 with a financial interest in the not-for-profit corporation or
1216 organization; and if the director submits an affidavit, under
1217 penalty of perjury, to this effect to the agency and the not
1218 for-profit corporation or organization submits an affidavit,
1219 under penalty of perjury, to this effect to the agency as part
1220 of the corporation’s or organization’s Medicaid provider
1221 agreement application. Notwithstanding the above, the agency may
1222 require a background check for any person reasonably suspected
1223 by the agency to have been convicted of a crime. This subsection
1224 shall not apply to:
1225 1. A hospital licensed under chapter 395;
1226 2. A nursing home licensed under chapter 400;
1227 3. A hospice licensed under chapter 400;
1228 4. An assisted living facility licensed under chapter 429;
1229 5. A unit of local government, except that requirements of
1230 this subsection apply to nongovernmental providers and entities
1231 when contracting with the local government to provide Medicaid
1232 services. The actual cost of the state and national criminal
1233 history record checks must be borne by the nongovernmental
1234 provider or entity; or
1235 6. Any business that derives more than 50 percent of its
1236 revenue from the sale of goods to the final consumer, and the
1237 business or its controlling parent either is required to file a
1238 form 10-K or other similar statement with the Securities and
1239 Exchange Commission or has a net worth of $50 million or more.
1240 (b) Background screening shall be conducted in accordance
1241 with chapter 435 and s. 408.809. The agency shall submit the
1242 fingerprints to the Department of Law Enforcement. The
1243 department shall conduct a state criminal-background
1244 investigation and forward the fingerprints to the Federal Bureau
1245 of Investigation for a national criminal-history record check.
1246 The cost of the state and national criminal record check shall
1247 be borne by the provider.
1248 (c) The agency may permit a provider to participate in the
1249 Medicaid program pending the results of the criminal record
1250 check. However, such permission is fully revocable if the record
1251 check reveals any crime-related history as provided in
1252 subsection (10).
1253 (c)(d) Proof of compliance with the requirements of level 2
1254 screening under chapter 435 s. 435.04 conducted within 12 months
1255 prior to the date that the Medicaid provider application is
1256 submitted to the agency shall fulfill the requirements of this
1257 subsection. Proof of compliance with the requirements of level 1
1258 screening under s. 435.03 conducted within 12 months prior to
1259 the date that the Medicaid provider application is submitted to
1260 the agency shall meet the requirement that the Department of Law
1261 Enforcement conduct a state criminal history record check.
1262 Section 26. Paragraph (b) of subsection (48) of section
1263 409.912, Florida Statutes, is amended to read:
1264 409.912 Cost-effective purchasing of health care.—The
1265 agency shall purchase goods and services for Medicaid recipients
1266 in the most cost-effective manner consistent with the delivery
1267 of quality medical care. To ensure that medical services are
1268 effectively utilized, the agency may, in any case, require a
1269 confirmation or second physician’s opinion of the correct
1270 diagnosis for purposes of authorizing future services under the
1271 Medicaid program. This section does not restrict access to
1272 emergency services or poststabilization care services as defined
1273 in 42 C.F.R. part 438.114. Such confirmation or second opinion
1274 shall be rendered in a manner approved by the agency. The agency
1275 shall maximize the use of prepaid per capita and prepaid
1276 aggregate fixed-sum basis services when appropriate and other
1277 alternative service delivery and reimbursement methodologies,
1278 including competitive bidding pursuant to s. 287.057, designed
1279 to facilitate the cost-effective purchase of a case-managed
1280 continuum of care. The agency shall also require providers to
1281 minimize the exposure of recipients to the need for acute
1282 inpatient, custodial, and other institutional care and the
1283 inappropriate or unnecessary use of high-cost services. The
1284 agency shall contract with a vendor to monitor and evaluate the
1285 clinical practice patterns of providers in order to identify
1286 trends that are outside the normal practice patterns of a
1287 provider’s professional peers or the national guidelines of a
1288 provider’s professional association. The vendor must be able to
1289 provide information and counseling to a provider whose practice
1290 patterns are outside the norms, in consultation with the agency,
1291 to improve patient care and reduce inappropriate utilization.
1292 The agency may mandate prior authorization, drug therapy
1293 management, or disease management participation for certain
1294 populations of Medicaid beneficiaries, certain drug classes, or
1295 particular drugs to prevent fraud, abuse, overuse, and possible
1296 dangerous drug interactions. The Pharmaceutical and Therapeutics
1297 Committee shall make recommendations to the agency on drugs for
1298 which prior authorization is required. The agency shall inform
1299 the Pharmaceutical and Therapeutics Committee of its decisions
1300 regarding drugs subject to prior authorization. The agency is
1301 authorized to limit the entities it contracts with or enrolls as
1302 Medicaid providers by developing a provider network through
1303 provider credentialing. The agency may competitively bid single
1304 source-provider contracts if procurement of goods or services
1305 results in demonstrated cost savings to the state without
1306 limiting access to care. The agency may limit its network based
1307 on the assessment of beneficiary access to care, provider
1308 availability, provider quality standards, time and distance
1309 standards for access to care, the cultural competence of the
1310 provider network, demographic characteristics of Medicaid
1311 beneficiaries, practice and provider-to-beneficiary standards,
1312 appointment wait times, beneficiary use of services, provider
1313 turnover, provider profiling, provider licensure history,
1314 previous program integrity investigations and findings, peer
1315 review, provider Medicaid policy and billing compliance records,
1316 clinical and medical record audits, and other factors. Providers
1317 shall not be entitled to enrollment in the Medicaid provider
1318 network. The agency shall determine instances in which allowing
1319 Medicaid beneficiaries to purchase durable medical equipment and
1320 other goods is less expensive to the Medicaid program than long
1321 term rental of the equipment or goods. The agency may establish
1322 rules to facilitate purchases in lieu of long-term rentals in
1323 order to protect against fraud and abuse in the Medicaid program
1324 as defined in s. 409.913. The agency may seek federal waivers
1325 necessary to administer these policies.
1326 (48)
1327 (b) The agency shall limit its network of durable medical
1328 equipment and medical supply providers. For dates of service
1329 after January 1, 2009, the agency shall limit payment for
1330 durable medical equipment and supplies to providers that meet
1331 all the requirements of this paragraph.
1332 1. Providers must be accredited by a Centers for Medicare
1333 and Medicaid Services deemed accreditation organization for
1334 suppliers of durable medical equipment, prosthetics, orthotics,
1335 and supplies. The provider must maintain accreditation and is
1336 subject to unannounced reviews by the accrediting organization.
1337 2. Providers must provide the services or supplies directly
1338 to the Medicaid recipient or caregiver at the provider location
1339 or recipient’s residence or send the supplies directly to the
1340 recipient’s residence with receipt of mailed delivery.
1341 Subcontracting or consignment of the service or supply to a
1342 third party is prohibited.
1343 3. Notwithstanding subparagraph 2., a durable medical
1344 equipment provider may store nebulizers at a physician’s office
1345 for the purpose of having the physician’s staff issue the
1346 equipment if it meets all of the following conditions:
1347 a. The physician must document the medical necessity and
1348 need to prevent further deterioration of the patient’s
1349 respiratory status by the timely delivery of the nebulizer in
1350 the physician’s office.
1351 b. The durable medical equipment provider must have written
1352 documentation of the competency and training by a Florida
1353 licensed registered respiratory therapist of any durable medical
1354 equipment staff who participate in the training of physician
1355 office staff for the use of nebulizers, including cleaning,
1356 warranty, and special needs of patients.
1357 c. The physician’s office must have documented the training
1358 and competency of any staff member who initiates the delivery of
1359 nebulizers to patients. The durable medical equipment provider
1360 must maintain copies of all physician office training.
1361 d. The physician’s office must maintain inventory records
1362 of stored nebulizers, including documentation of the durable
1363 medical equipment provider source.
1364 e. A physician contracted with a Medicaid durable medical
1365 equipment provider may not have a financial relationship with
1366 that provider or receive any financial gain from the delivery of
1367 nebulizers to patients.
1368 4. Providers must have a physical business location and a
1369 functional landline business phone. The location must be within
1370 the state or not more than 50 miles from the Florida state line.
1371 The agency may make exceptions for providers of durable medical
1372 equipment or supplies not otherwise available from other
1373 enrolled providers located within the state.
1374 5. Physical business locations must be clearly identified
1375 as a business that furnishes durable medical equipment or
1376 medical supplies by signage that can be read from 20 feet away.
1377 The location must be readily accessible to the public during
1378 normal, posted business hours and must operate no less than 5
1379 hours per day and no less than 5 days per week, with the
1380 exception of scheduled and posted holidays. The location may not
1381 be located within or at the same numbered street address as
1382 another enrolled Medicaid durable medical equipment or medical
1383 supply provider or as an enrolled Medicaid pharmacy that is also
1384 enrolled as a durable medical equipment provider. A licensed
1385 orthotist or prosthetist that provides only orthotic or
1386 prosthetic devices as a Medicaid durable medical equipment
1387 provider is exempt from the provisions in this paragraph.
1388 6. Providers must maintain a stock of durable medical
1389 equipment and medical supplies on site that is readily available
1390 to meet the needs of the durable medical equipment business
1391 location’s customers.
1392 7. Providers must provide a surety bond of $50,000 for each
1393 provider location, up to a maximum of 5 bonds statewide or an
1394 aggregate bond of $250,000 statewide, as identified by Federal
1395 Employer Identification Number. Providers who post a statewide
1396 or an aggregate bond must identify all of their locations in any
1397 Medicaid durable medical equipment and medical supply provider
1398 enrollment application or bond renewal. Each provider location’s
1399 surety bond must be renewed annually and the provider must
1400 submit proof of renewal even if the original bond is a
1401 continuous bond. A licensed orthotist or prosthetist that
1402 provides only orthotic or prosthetic devices as a Medicaid
1403 durable medical equipment provider is exempt from the provisions
1404 in this paragraph.
1405 8. Providers must obtain a level 2 background screening, in
1406 accordance with chapter 435 and s. 408.809 as provided under s.
1407 435.04, for each provider employee in direct contact with or
1408 providing direct services to recipients of durable medical
1409 equipment and medical supplies in their homes. This requirement
1410 includes, but is not limited to, repair and service technicians,
1411 fitters, and delivery staff. The provider shall pay for the cost
1412 of the background screening.
1413 9. The following providers are exempt from the requirements
1414 of subparagraphs 1. and 7.:
1415 a. Durable medical equipment providers owned and operated
1416 by a government entity.
1417 b. Durable medical equipment providers that are operating
1418 within a pharmacy that is currently enrolled as a Medicaid
1419 pharmacy provider.
1420 c. Active, Medicaid-enrolled orthopedic physician groups,
1421 primarily owned by physicians, which provide only orthotic and
1422 prosthetic devices.
1423 Section 27. Subsection (12) is added to section 411.01,
1424 Florida Statutes, to read:
1425 411.01 School readiness programs; early learning
1426 coalitions.—
1427 (12) SUBSTITUTE INSTRUCTORS.—Each school district shall
1428 make a list of all individuals currently eligible to act as a
1429 substitute teacher within the county pursuant to the rules
1430 adopted by the school district pursuant to s. 1012.35 available
1431 to an early learning coalition serving students within the
1432 school district. Child care facilities, as defined by s.
1433 402.302, may employ individuals listed as substitute instructors
1434 for the purpose of offering the school readiness program, the
1435 Voluntary Prekindergarten Education Program, and all other
1436 legally operating child care programs.
1437 Section 28. Subsection (1) of section 429.14, Florida
1438 Statutes, is amended to read:
1439 429.14 Administrative penalties.—
1440 (1) In addition to the requirements of part II of chapter
1441 408, the agency may deny, revoke, and suspend any license issued
1442 under this part and impose an administrative fine in the manner
1443 provided in chapter 120 against a licensee of an assisted living
1444 facility for a violation of any provision of this part, part II
1445 of chapter 408, or applicable rules, or for any of the following
1446 actions by a licensee of an assisted living facility, for the
1447 actions of any person subject to level 2 background screening
1448 under s. 408.809, or for the actions of any facility employee:
1449 (a) An intentional or negligent act seriously affecting the
1450 health, safety, or welfare of a resident of the facility.
1451 (b) The determination by the agency that the owner lacks
1452 the financial ability to provide continuing adequate care to
1453 residents.
1454 (c) Misappropriation or conversion of the property of a
1455 resident of the facility.
1456 (d) Failure to follow the criteria and procedures provided
1457 under part I of chapter 394 relating to the transportation,
1458 voluntary admission, and involuntary examination of a facility
1459 resident.
1460 (e) A citation of any of the following deficiencies as
1461 specified in s. 429.19:
1462 1. One or more cited class I deficiencies.
1463 2. Three or more cited class II deficiencies.
1464 3. Five or more cited class III deficiencies that have been
1465 cited on a single survey and have not been corrected within the
1466 times specified.
1467 (f) Failure to comply with the A determination that a
1468 person subject to level 2 background screening under s. 408.809
1469 does not meet the screening standards of this part, s.
1470 408.809(1), or chapter 435 s. 435.04 or that the facility is
1471 retaining an employee subject to level 1 background screening
1472 standards under s. 429.174 who does not meet the screening
1473 standards of s. 435.03 and for whom exemptions from
1474 disqualification have not been provided by the agency.
1475 (g) A determination that an employee, volunteer,
1476 administrator, or owner, or person who otherwise has access to
1477 the residents of a facility does not meet the criteria specified
1478 in s. 435.03(2), and the owner or administrator has not taken
1479 action to remove the person. Exemptions from disqualification
1480 may be granted as set forth in s. 435.07. No administrative
1481 action may be taken against the facility if the person is
1482 granted an exemption.
1483 (g)(h) Violation of a moratorium.
1484 (h)(i) Failure of the license applicant, the licensee
1485 during relicensure, or a licensee that holds a provisional
1486 license to meet the minimum license requirements of this part,
1487 or related rules, at the time of license application or renewal.
1488 (i)(j) An intentional or negligent life-threatening act in
1489 violation of the uniform firesafety standards for assisted
1490 living facilities or other firesafety standards that threatens
1491 the health, safety, or welfare of a resident of a facility, as
1492 communicated to the agency by the local authority having
1493 jurisdiction or the State Fire Marshal.
1494 (j)(k) Knowingly operating any unlicensed facility or
1495 providing without a license any service that must be licensed
1496 under this chapter or chapter 400.
1497 (k)(l) Any act constituting a ground upon which application
1498 for a license may be denied.
1499 Section 29. Section 429.174, Florida Statutes, is amended
1500 to read:
1501 429.174 Background screening; exemptions.—The agency shall
1502 require level 2 background screening for personnel as required
1503 in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
1504 owner or administrator of an assisted living facility must
1505 conduct level 1 background screening, as set forth in chapter
1506 435, on all employees hired on or after October 1, 1998, who
1507 perform personal services as defined in s. 429.02(16). The
1508 agency may exempt an individual from employment disqualification
1509 as set forth in chapter 435. Such persons shall be considered as
1510 having met this requirement if:
1511 (1) Proof of compliance with level 1 screening requirements
1512 obtained to meet any professional license requirements in this
1513 state is provided and accompanied, under penalty of perjury, by
1514 a copy of the person’s current professional license and an
1515 affidavit of current compliance with the background screening
1516 requirements.
1517 (2) The person required to be screened has been
1518 continuously employed in the same type of occupation for which
1519 the person is seeking employment without a breach in service
1520 which exceeds 180 days, and proof of compliance with the level 1
1521 screening requirement which is no more than 2 years old is
1522 provided. Proof of compliance shall be provided directly from
1523 one employer or contractor to another, and not from the person
1524 screened. Upon request, a copy of screening results shall be
1525 provided by the employer retaining documentation of the
1526 screening to the person screened.
1527 (3) The person required to be screened is employed by a
1528 corporation or business entity or related corporation or
1529 business entity that owns, operates, or manages more than one
1530 facility or agency licensed under this chapter, and for whom a
1531 level 1 screening was conducted by the corporation or business
1532 entity as a condition of initial or continued employment.
1533 Section 30. Subsection (4) of section 429.67, Florida
1534 Statutes, is amended to read:
1535 429.67 Licensure.—
1536 (4) Upon receipt of a completed license application or
1537 license renewal, and the fee, The agency shall require level 2
1538 initiate a level 1 background screening for personnel as
1539 required in s. 408.809(1)(e), including as provided under
1540 chapter 435 on the adult family-care home provider, the
1541 designated relief person, and all adult household members,
1542 pursuant to chapter 435 and s. 408.809, and all staff members.
1543 (a) Proof of compliance with level 1 screening standards
1544 which has been submitted within the previous 5 years to meet any
1545 facility or professional licensure requirements of the agency or
1546 the Department of Health satisfies the requirements of this
1547 subsection. Such proof must be accompanied, under penalty of
1548 perjury, by a copy of the person’s current professional license
1549 and an affidavit of current compliance with the background
1550 screening requirements.
1551 (b) The person required to be screened must have been
1552 continuously employed in the same type of occupation for which
1553 the person is seeking employment without a breach in service
1554 that exceeds 180 days, and proof of compliance with the level 1
1555 screening requirement which is no more than 2 years old must be
1556 provided. Proof of compliance shall be provided directly from
1557 one employer or contractor to another, and not from the person
1558 screened. Upon request, a copy of screening results shall be
1559 provided to the person screened by the employer retaining
1560 documentation of the screening.
1561 Section 31. Section 429.69, Florida Statutes, is amended to
1562 read:
1563 429.69 Denial, revocation, and suspension of a license.—In
1564 addition to the requirements of part II of chapter 408, the
1565 agency may deny, suspend, and revoke a license for any of the
1566 following reasons:
1567 (1) Failure to comply with the of any of the persons
1568 required to undergo background screening standards of this part,
1569 s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1570 1 screening standards of s. 435.03, unless an exemption from
1571 disqualification has been provided by the agency.
1572 (2) Failure to correct cited fire code violations that
1573 threaten the health, safety, or welfare of residents.
1574 Section 32. Paragraph (c) of subsection (2) of section
1575 429.911, Florida Statutes, is amended to read:
1576 429.911 Denial, suspension, revocation of license;
1577 emergency action; administrative fines; investigations and
1578 inspections.—
1579 (2) Each of the following actions by the owner of an adult
1580 day care center or by its operator or employee is a ground for
1581 action by the agency against the owner of the center or its
1582 operator or employee:
1583 (c) A Failure to comply with the of persons subject to
1584 level 2 background screening standards of this part, s.
1585 408.809(1), or chapter 435 under s. 408.809 to meet the
1586 screening standards of s. 435.04, or the retention by the center
1587 of an employee subject to level 1 background screening standards
1588 under s. 429.174 who does not meet the screening standards of s.
1589 435.03 and for whom exemptions from disqualification have not
1590 been provided by the agency.
1591 Section 33. Section 429.919, Florida Statutes, is amended
1592 to read:
1593 429.919 Background screening.—The agency shall require
1594 level 2 background screening for personnel as required in s.
1595 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
1596 or administrator of an adult day care center must conduct level
1597 1 background screening as set forth in chapter 435 on all
1598 employees hired on or after October 1, 1998, who provide basic
1599 services or supportive and optional services to the
1600 participants. Such persons satisfy this requirement if:
1601 (1) Proof of compliance with level 1 screening requirements
1602 obtained to meet any professional license requirements in this
1603 state is provided and accompanied, under penalty of perjury, by
1604 a copy of the person’s current professional license and an
1605 affidavit of current compliance with the background screening
1606 requirements.
1607 (2) The person required to be screened has been
1608 continuously employed, without a breach in service that exceeds
1609 180 days, in the same type of occupation for which the person is
1610 seeking employment and provides proof of compliance with the
1611 level 1 screening requirement which is no more than 2 years old.
1612 Proof of compliance must be provided directly from one employer
1613 or contractor to another, and not from the person screened. Upon
1614 request, a copy of screening results shall be provided to the
1615 person screened by the employer retaining documentation of the
1616 screening.
1617 (3) The person required to be screened is employed by a
1618 corporation or business entity or related corporation or
1619 business entity that owns, operates, or manages more than one
1620 facility or agency licensed under chapter 400 or this chapter,
1621 and for whom a level 1 screening was conducted by the
1622 corporation or business entity as a condition of initial or
1623 continued employment.
1624 Section 34. Section 430.0402, Florida Statutes, is created
1625 to read:
1626 430.0402 Screening of direct service providers.—
1627 (1)(a) Level 2 background screening pursuant to chapter 435
1628 is required for direct service providers. Background screening
1629 shall include employment history checks as provided in s.
1630 435.03(1) and local criminal records checks through local law
1631 enforcement agencies.
1632 (b) For purposes of this section, the term “direct service
1633 provider” means a person 18 years of age or older who, pursuant
1634 to a program to provide services to the elderly, has direct,
1635 face-to-face contact with a client while providing services to
1636 the client or has access to the client’s living areas or to the
1637 client’s funds or personal property. The term includes
1638 coordinators, managers, and supervisors of residential
1639 facilities and volunteers.
1640 (2) Licensed physicians, nurses, or other professionals
1641 licensed by the Department of Health are not subject to
1642 background screening pursuant to this section if they are
1643 providing a service that is within the scope of their licensed
1644 practice.
1645 (3) Refusal on the part of an employer to dismiss a
1646 manager, supervisor, or direct service provider who has been
1647 found to be in noncompliance with standards of this section
1648 shall result in the automatic denial, termination, or revocation
1649 of the license or certification, rate agreement, purchase order,
1650 or contract, in addition to any other remedies authorized by
1651 law.
1652 (4) The background screening conducted pursuant to this
1653 section must ensure that, in addition to the disqualifying
1654 offenses listed in s. 435.04, no person subject to the
1655 provisions of this section has an arrest awaiting final
1656 disposition for, has been found guilty of, regardless of
1657 adjudication, or entered a plea of nolo contendere or guilty to,
1658 or has been adjudicated delinquent and the record has not been
1659 sealed or expunged for, any offense prohibited under any of the
1660 following provisions of the Florida Statutes or under any
1661 similar statute of another jurisdiction:
1662 (a) Any authorizing statutes, if the offense was a felony.
1663 (b) Section 409.920, relating to Medicaid provider fraud.
1664 (c) Section 409.9201, relating to Medicaid fraud.
1665 (d) Section 817.034, relating to fraudulent acts through
1666 mail, wire, radio, electromagnetic, photoelectronic, or
1667 photooptical systems.
1668 (e) Section 817.234, relating to false and fraudulent
1669 insurance claims.
1670 (f) Section 817.505, relating to patient brokering.
1671 (g) Section 817.568, relating to criminal use of personal
1672 identification information.
1673 (h) Section 817.60, relating to obtaining a credit card
1674 through fraudulent means.
1675 (i) Section 817.61, relating to fraudulent use of credit
1676 cards, if the offense was a felony.
1677 (j) Section 831.01, relating to forgery.
1678 (k) Section 831.02, relating to uttering forged
1679 instruments.
1680 (l) Section 831.07, relating to forging bank bills, checks,
1681 drafts, or promissory notes.
1682 (m) Section 831.09, relating to uttering forged bank bills,
1683 checks, drafts, or promissory notes.
1684 Section 35. Section 435.01, Florida Statutes, is amended to
1685 read:
1686 435.01 Applicability of this chapter; statutory references;
1687 rulemaking.—
1688 (1)(a) Unless otherwise provided by law, whenever a
1689 background screening for employment or a background security
1690 check is required by law to be conducted pursuant to this
1691 chapter for employment, unless otherwise provided by law, the
1692 provisions of this chapter shall apply.
1693 (b) Unless expressly provided otherwise, a reference in any
1694 section of the Florida Statutes to chapter 435 or to any section
1695 or sections or portion of a section of chapter 435 includes, and
1696 shall be understood as including, all subsequent amendments to
1697 chapter 435 or to the referenced section or sections or portions
1698 of a section. The purpose of this chapter is to facilitate
1699 uniform background screening and, to this end, a reference to
1700 this chapter, or to any section or subdivision within this
1701 chapter, constitutes a general reference under the doctrine of
1702 incorporation by reference.
1703 (2) Agencies may adopt rules pursuant to ss. 120.536(1) and
1704 120.54 necessary to implement the provisions of this chapter.
1705 Section 36. Section 435.02, Florida Statutes, is reordered
1706 and amended to read:
1707 435.02 Definitions.—For the purposes of this chapter, the
1708 term:
1709 (2)(1) “Employee” means any person required by law to be
1710 screened pursuant to the provisions of this chapter.
1711 (3)(2) “Employer” means any person or entity required by
1712 law to conduct screening of employees pursuant to this chapter.
1713 (1)(3) “Licensing Agency” means any state, or county, or
1714 municipal agency that which grants licenses or registration
1715 permitting the operation of an employer or is itself an employer
1716 or that otherwise facilitates the screening of employees
1717 pursuant to this chapter. When there is no state licensing
1718 agency or the municipal or county licensing agency chooses not
1719 to conduct employment screening, “licensing agency” means the
1720 Department of Children and Family Services.
1721 (4) “Employment” means any activity or service sought to be
1722 performed by an employee that requires the employee to be
1723 subject to screening pursuant to this chapter.
1724 (5) “Vulnerable person” means a minor or a vulnerable adult
1725 as defined in s. 415.102.
1726 Section 37. Section 435.03, Florida Statutes, is amended to
1727 read:
1728 435.03 Level 1 screening standards.—
1729 (1) All employees required by law to be screened pursuant
1730 to this section must shall be required to undergo background
1731 screening as a condition of employment and continued employment
1732 which includes. For the purposes of this subsection, level 1
1733 screenings shall include, but need not be limited to, employment
1734 history checks and statewide criminal correspondence checks
1735 through the Florida Department of Law Enforcement, a check of
1736 the Dru Sjodin National Sex Offender Public Website, and may
1737 include local criminal records checks through local law
1738 enforcement agencies.
1739 (2) Any person required by law to be screened pursuant to
1740 this section must not have an arrest awaiting final disposition,
1741 for whom employment screening is required by statute must not
1742 have been found guilty of, regardless of adjudication, or
1743 entered a plea of nolo contendere or guilty to, and must not
1744 have been adjudicated delinquent and the record has not been
1745 sealed or expunged for, any offense prohibited under any
1746 provision of s. 435.04(2) of the following provisions of the
1747 Florida Statutes or under any similar statute of another
1748 jurisdiction.:
1749 (a) Section 393.135, relating to sexual misconduct with
1750 certain developmentally disabled clients and reporting of such
1751 sexual misconduct.
1752 (b) Section 394.4593, relating to sexual misconduct with
1753 certain mental health patients and reporting of such sexual
1754 misconduct.
1755 (c) Section 415.111, relating to abuse, neglect, or
1756 exploitation of a vulnerable adult.
1757 (d) Section 782.04, relating to murder.
1758 (e) Section 782.07, relating to manslaughter, aggravated
1759 manslaughter of an elderly person or disabled adult, or
1760 aggravated manslaughter of a child.
1761 (f) Section 782.071, relating to vehicular homicide.
1762 (g) Section 782.09, relating to killing of an unborn quick
1763 child by injury to the mother.
1764 (h) Section 784.011, relating to assault, if the victim of
1765 the offense was a minor.
1766 (i) Section 784.021, relating to aggravated assault.
1767 (j) Section 784.03, relating to battery, if the victim of
1768 the offense was a minor.
1769 (k) Section 784.045, relating to aggravated battery.
1770 (l) Section 787.01, relating to kidnapping.
1771 (m) Section 787.02, relating to false imprisonment.
1772 (n) Section 794.011, relating to sexual battery.
1773 (o) Former s. 794.041, relating to prohibited acts of
1774 persons in familial or custodial authority.
1775 (p) Chapter 796, relating to prostitution.
1776 (q) Section 798.02, relating to lewd and lascivious
1777 behavior.
1778 (r) Chapter 800, relating to lewdness and indecent
1779 exposure.
1780 (s) Section 806.01, relating to arson.
1781 (t) Chapter 812, relating to theft, robbery, and related
1782 crimes, if the offense was a felony.
1783 (u) Section 817.563, relating to fraudulent sale of
1784 controlled substances, only if the offense was a felony.
1785 (v) Section 825.102, relating to abuse, aggravated abuse,
1786 or neglect of an elderly person or disabled adult.
1787 (w) Section 825.1025, relating to lewd or lascivious
1788 offenses committed upon or in the presence of an elderly person
1789 or disabled adult.
1790 (x) Section 825.103, relating to exploitation of an elderly
1791 person or disabled adult, if the offense was a felony.
1792 (y) Section 826.04, relating to incest.
1793 (z) Section 827.03, relating to child abuse, aggravated
1794 child abuse, or neglect of a child.
1795 (aa) Section 827.04, relating to contributing to the
1796 delinquency or dependency of a child.
1797 (bb) Former s. 827.05, relating to negligent treatment of
1798 children.
1799 (cc) Section 827.071, relating to sexual performance by a
1800 child.
1801 (dd) Chapter 847, relating to obscene literature.
1802 (ee) Chapter 893, relating to drug abuse prevention and
1803 control, only if the offense was a felony or if any other person
1804 involved in the offense was a minor.
1805 (ff) Section 916.1075, relating to sexual misconduct with
1806 certain forensic clients and reporting of such sexual
1807 misconduct.
1808 (3) The security background investigations under this
1809 section must ensure that no person subject to the provisions of
1810 this section has been found guilty of, regardless of
1811 adjudication, or entered a plea of nolo contendere or guilty to,
1812 any offense that constitutes domestic violence as defined in s.
1813 741.28, whether such act was committed in this state or in
1814 another jurisdiction. Standards must also ensure that the
1815 person:
1816 (a) For employees and employers licensed or registered
1817 pursuant to chapter 400 or chapter 429, and for employees and
1818 employers of developmental disabilities centers as defined in s.
1819 393.063, intermediate care facilities for the developmentally
1820 disabled as defined in s. 400.960, and mental health treatment
1821 facilities as defined in s. 394.455, meets the requirements of
1822 this chapter.
1823 (b) Has not committed an act that constitutes domestic
1824 violence as defined in s. 741.28.
1825 Section 38. Section 435.04, Florida Statutes, is amended to
1826 read:
1827 435.04 Level 2 screening standards.—
1828 (1)(a) All employees required by law to be screened
1829 pursuant to this section must in positions designated by law as
1830 positions of trust or responsibility shall be required to
1831 undergo security background investigations as a condition of
1832 employment and continued employment which includes. For the
1833 purposes of this subsection, security background investigations
1834 shall include, but need not be limited to, fingerprinting for
1835 statewide criminal history records all purposes and checks in
1836 this subsection, statewide criminal and juvenile records checks
1837 through the Florida Department of Law Enforcement, and national
1838 federal criminal history records checks through the Federal
1839 Bureau of Investigation, and may include local criminal records
1840 checks through local law enforcement agencies.
1841 (b) Fingerprints submitted pursuant to this section on or
1842 after July 1, 2012, must be submitted electronically to the
1843 Department of Law Enforcement.
1844 (c) An agency may contract with one or more vendors to
1845 perform all or part of the electronic fingerprinting pursuant to
1846 this section. Such contracts must ensure that the owners and
1847 personnel of the vendor performing the electronic fingerprinting
1848 are qualified and will ensure the integrity and security of all
1849 personal information.
1850 (d) An agency may require by rule adopted pursuant to
1851 chapter 120 that fingerprints submitted pursuant to this section
1852 must be submitted electronically to the Department of Law
1853 Enforcement on a date earlier than July 1, 2012.
1854 (2) The security background investigations under this
1855 section must ensure that no persons subject to the provisions of
1856 this section have been arrested for and are awaiting final
1857 disposition of, have been found guilty of, regardless of
1858 adjudication, or entered a plea of nolo contendere or guilty to,
1859 or have been adjudicated delinquent and the record has not been
1860 sealed or expunged for, any offense prohibited under any of the
1861 following provisions of the Florida Statutes or under any
1862 similar statute of another jurisdiction:
1863 (a) Section 393.135, relating to sexual misconduct with
1864 certain developmentally disabled clients and reporting of such
1865 sexual misconduct.
1866 (b) Section 394.4593, relating to sexual misconduct with
1867 certain mental health patients and reporting of such sexual
1868 misconduct.
1869 (c) Section 415.111, relating to adult abuse, neglect, or
1870 exploitation of aged persons or disabled adults.
1871 (d) Section 782.04, relating to murder.
1872 (e) Section 782.07, relating to manslaughter, aggravated
1873 manslaughter of an elderly person or disabled adult, or
1874 aggravated manslaughter of a child.
1875 (f) Section 782.071, relating to vehicular homicide.
1876 (g) Section 782.09, relating to killing of an unborn quick
1877 child by injury to the mother.
1878 (h) Chapter 784, relating to assault, battery, and culpable
1879 negligence, if the offense was a felony.
1880 (i)(h) Section 784.011, relating to assault, if the victim
1881 of the offense was a minor.
1882 (i) Section 784.021, relating to aggravated assault.
1883 (j) Section 784.03, relating to battery, if the victim of
1884 the offense was a minor.
1885 (k) Section 784.045, relating to aggravated battery.
1886 (l) Section 784.075, relating to battery on a detention or
1887 commitment facility staff.
1888 (k)(m) Section 787.01, relating to kidnapping.
1889 (l)(n) Section 787.02, relating to false imprisonment.
1890 (m) Section 787.025, relating to luring or enticing a
1891 child.
1892 (n)(o) Section 787.04(2), relating to taking, enticing, or
1893 removing a child beyond the state limits with criminal intent
1894 pending custody proceedings.
1895 (o)(p) Section 787.04(3), relating to carrying a child
1896 beyond the state lines with criminal intent to avoid producing a
1897 child at a custody hearing or delivering the child to the
1898 designated person.
1899 (p)(q) Section 790.115(1), relating to exhibiting firearms
1900 or weapons within 1,000 feet of a school.
1901 (q)(r) Section 790.115(2)(b), relating to possessing an
1902 electric weapon or device, destructive device, or other weapon
1903 on school property.
1904 (r)(s) Section 794.011, relating to sexual battery.
1905 (s)(t) Former s. 794.041, relating to prohibited acts of
1906 persons in familial or custodial authority.
1907 (t) Section 794.05, relating to unlawful sexual activity
1908 with certain minors.
1909 (u) Chapter 796, relating to prostitution.
1910 (v) Section 798.02, relating to lewd and lascivious
1911 behavior.
1912 (w) Chapter 800, relating to lewdness and indecent
1913 exposure.
1914 (x) Section 806.01, relating to arson.
1915 (y) Section 810.02, relating to burglary.
1916 (z) Section 810.14, relating to voyeurism, if the offense
1917 is a felony.
1918 (aa) Section 810.145, relating to video voyeurism, if the
1919 offense is a felony.
1920 (bb)(y) Chapter 812, relating to theft, robbery, and
1921 related crimes, if the offense is a felony.
1922 (cc)(z) Section 817.563, relating to fraudulent sale of
1923 controlled substances, only if the offense was a felony.
1924 (dd)(aa) Section 825.102, relating to abuse, aggravated
1925 abuse, or neglect of an elderly person or disabled adult.
1926 (ee)(bb) Section 825.1025, relating to lewd or lascivious
1927 offenses committed upon or in the presence of an elderly person
1928 or disabled adult.
1929 (ff)(cc) Section 825.103, relating to exploitation of an
1930 elderly person or disabled adult, if the offense was a felony.
1931 (gg)(dd) Section 826.04, relating to incest.
1932 (hh)(ee) Section 827.03, relating to child abuse,
1933 aggravated child abuse, or neglect of a child.
1934 (ii)(ff) Section 827.04, relating to contributing to the
1935 delinquency or dependency of a child.
1936 (jj)(gg) Former s. 827.05, relating to negligent treatment
1937 of children.
1938 (kk)(hh) Section 827.071, relating to sexual performance by
1939 a child.
1940 (ll)(ii) Section 843.01, relating to resisting arrest with
1941 violence.
1942 (mm)(jj) Section 843.025, relating to depriving a law
1943 enforcement, correctional, or correctional probation officer
1944 means of protection or communication.
1945 (nn)(kk) Section 843.12, relating to aiding in an escape.
1946 (oo)(ll) Section 843.13, relating to aiding in the escape
1947 of juvenile inmates in correctional institutions.
1948 (pp)(mm) Chapter 847, relating to obscene literature.
1949 (qq)(nn) Section 874.05(1), relating to encouraging or
1950 recruiting another to join a criminal gang.
1951 (rr)(oo) Chapter 893, relating to drug abuse prevention and
1952 control, only if the offense was a felony or if any other person
1953 involved in the offense was a minor.
1954 (ss)(pp) Section 916.1075, relating to sexual misconduct
1955 with certain forensic clients and reporting of such sexual
1956 misconduct.
1957 (tt)(qq) Section 944.35(3), relating to inflicting cruel or
1958 inhuman treatment on an inmate resulting in great bodily harm.
1959 (uu) Section 944.40, relating to escape.
1960 (vv)(rr) Section 944.46, relating to harboring, concealing,
1961 or aiding an escaped prisoner.
1962 (ww)(ss) Section 944.47, relating to introduction of
1963 contraband into a correctional facility.
1964 (xx)(tt) Section 985.701, relating to sexual misconduct in
1965 juvenile justice programs.
1966 (yy)(uu) Section 985.711, relating to contraband introduced
1967 into detention facilities.
1968 (3) The security background investigations under this
1969 section must ensure that no person subject to this section has
1970 been found guilty of, regardless of adjudication, or entered a
1971 plea of nolo contendere or guilty to, any offense that
1972 constitutes domestic violence as defined in s. 741.28, whether
1973 such act was committed in this state or in another jurisdiction.
1974 The security background investigations conducted under this
1975 section for employees of the Department of Juvenile Justice must
1976 ensure that no persons subject to the provisions of this section
1977 have been found guilty of, regardless of adjudication, or
1978 entered a plea of nolo contendere or guilty to, any offense
1979 prohibited under any of the following provisions of the Florida
1980 Statutes or under any similar statute of another jurisdiction:
1981 (a) Section 784.07, relating to assault or battery of law
1982 enforcement officers, firefighters, emergency medical care
1983 providers, public transit employees or agents, or other
1984 specified officers.
1985 (b) Section 810.02, relating to burglary, if the offense is
1986 a felony.
1987 (c) Section 944.40, relating to escape.
1988
1989 The Department of Juvenile Justice may not remove a
1990 disqualification from employment or grant an exemption to any
1991 person who is disqualified under this section for any offense
1992 disposed of during the most recent 7-year period.
1993 (4) Standards must also ensure that the person:
1994 (a) For employees or employers licensed or registered
1995 pursuant to chapter 400 or chapter 429, does not have a
1996 confirmed report of abuse, neglect, or exploitation as defined
1997 in s. 415.102(6), which has been uncontested or upheld under s.
1998 415.103.
1999 (b) Has not committed an act that constitutes domestic
2000 violence as defined in s. 741.30.
2001 (5) Under penalty of perjury, all employees in such
2002 positions of trust or responsibility shall attest to meeting the
2003 requirements for qualifying for employment and agreeing to
2004 inform the employer immediately if convicted of any of the
2005 disqualifying offenses while employed by the employer. Each
2006 employer of employees in such positions of trust or
2007 responsibilities which is licensed or registered by a state
2008 agency shall submit to the licensing agency annually or at the
2009 time of license renewal, under penalty of perjury, an affidavit
2010 of compliance with the provisions of this section.
2011 Section 39. Section 435.05, Florida Statutes, is amended to
2012 read:
2013 435.05 Requirements for covered employees and employers.
2014 Except as otherwise provided by law, the following requirements
2015 shall apply to covered employees and employers:
2016 (1)(a) Every person required by law to be screened pursuant
2017 to the provisions of this chapter must employed in a position
2018 for which employment screening is required must, within 5
2019 working days after starting to work, submit to the employer a
2020 complete set of information necessary to conduct a screening
2021 under this chapter section.
2022 (b) For level 1 screening, the employer must submit the
2023 information necessary for screening to the Florida Department of
2024 Law Enforcement within 5 working days after receiving it. The
2025 Florida Department of Law Enforcement will conduct a search of
2026 its records and will respond to the employer or agency. The
2027 employer will inform the employee whether screening has revealed
2028 any disqualifying information.
2029 (c) For level 2 screening, the employer or licensing agency
2030 must submit the information necessary for screening to the
2031 Florida Department of Law Enforcement within 5 working days
2032 after receiving it. The Florida Department of Law Enforcement
2033 will perform a criminal history record check of its conduct a
2034 search of its criminal and juvenile records and will request
2035 that the Federal Bureau of Investigation perform a national
2036 criminal history record check conduct a search of its records
2037 for each employee for whom the request is made. The Florida
2038 Department of Law Enforcement will respond to the employer or
2039 licensing agency, and the employer or licensing agency will
2040 inform the employee whether screening has revealed disqualifying
2041 information.
2042 (d) The person whose background is being checked must
2043 supply any missing criminal or other necessary information upon
2044 request to the requesting employer or agency within 30 days
2045 after receiving the employer makes a request for the information
2046 or be subject to automatic disqualification.
2047 (2) Every employee must attest, subject to penalty of
2048 perjury, to meeting the requirements for qualifying for
2049 employment pursuant to this chapter and agreeing to inform the
2050 employer immediately if arrested for any of the disqualifying
2051 offenses while employed by the employer. Unless otherwise
2052 prohibited by state or federal law, new employees may be placed
2053 on probationary status pending a determination of compliance
2054 with minimum standards set forth in this chapter.
2055 (3) Each employer that is licensed or registered with an
2056 agency and is required by law to conduct level 2 background
2057 screening must submit to the agency sign an affidavit annually
2058 or at the time of license renewal, under penalty of perjury, a
2059 signed affidavit attesting to compliance with the provisions of
2060 this chapter stating that all covered employees have been
2061 screened or are newly hired and are awaiting the results of the
2062 required screening checks.
2063 Section 40. Section 435.06, Florida Statutes, is amended to
2064 read:
2065 435.06 Exclusion from employment.—
2066 (1) When an employer or licensing agency has reasonable
2067 cause to believe that grounds exist for the denial or
2068 termination of employment of any employee as a result of
2069 background screening, it shall notify the employee in writing,
2070 stating the specific record that which indicates noncompliance
2071 with the standards in this chapter section. It shall be the
2072 responsibility of the affected employee to contest his or her
2073 disqualification or to request exemption from disqualification.
2074 The only basis for contesting the disqualification shall be
2075 proof of mistaken identity.
2076 (2)(a) An employer may not hire, select, or otherwise allow
2077 an employee to have contact with any vulnerable person that
2078 would place the employee in a role that would require background
2079 screening until such time as the screening process is completed
2080 and demonstrates the absence of any grounds for the denial or
2081 termination of employment. If the screening process shows any
2082 grounds for the denial or termination of employment, the
2083 employer may not hire, select, or otherwise allow the employee
2084 to have contact with any vulnerable person that would place the
2085 employee in a role that would require background screening
2086 unless the employee is granted an exemption for the
2087 disqualification by the agency as provided under s. 435.07.
2088 (b) If at any time an employer becomes aware that an
2089 employee has been arrested for a disqualifying offense, the
2090 employer must remove the employee from contact with any
2091 vulnerable person that would place the employee in a role that
2092 would require background screening until such time as the arrest
2093 is resolved in such a way that the employer determines that the
2094 employee is still eligible for employment under this chapter.
2095 (c) The employer must either terminate the employment of
2096 any of its personnel found to be in noncompliance with the
2097 minimum standards of this chapter for good moral character
2098 contained in this section or place the employee in a position
2099 for which background screening is not required unless the
2100 employee is granted an exemption from disqualification pursuant
2101 to s. 435.07.
2102 (3) Any employee person who is required to undergo
2103 employment screening and who refuses to cooperate in such
2104 screening or refuses to timely submit the information necessary
2105 to complete the screening, including fingerprints when required,
2106 must shall be disqualified for employment in such position or,
2107 if employed, must shall be dismissed.
2108 (4) There is no unemployment compensation or other monetary
2109 liability on the part of, and no cause of action for damages
2110 arising against, an employer that, upon notice of a conviction
2111 or arrest for a disqualifying offense listed under this chapter,
2112 terminates the person against whom the report was issued or who
2113 was arrested, regardless of whether or not that person has filed
2114 for an exemption pursuant to this chapter.
2115 Section 41. Section 435.07, Florida Statutes, is amended to
2116 read:
2117 435.07 Exemptions from disqualification.—Unless otherwise
2118 provided by law, the provisions of this section shall apply to
2119 exemptions from disqualification for disqualifying offenses
2120 revealed pursuant to background screenings required by law to be
2121 conducted pursuant to this chapter, regardless of whether those
2122 disqualifying offenses are listed in this chapter or are
2123 codified in other statutes.
2124 (1) The head of the appropriate licensing agency may grant
2125 to any employee otherwise disqualified from employment an
2126 exemption from disqualification for:
2127 (a) Felonies for which at least 3 years have elapsed since
2128 the applicant for the exemption has completed or been lawfully
2129 released from confinement, supervision, or sanction for the
2130 disqualifying felony committed more than 3 years prior to the
2131 date of disqualification;
2132 (b) Misdemeanors prohibited under any of the Florida
2133 Statutes cited in this chapter or under similar statutes of
2134 other jurisdictions for which the applicant for the exemption
2135 has completed or been lawfully released from confinement,
2136 supervision, or sanction;
2137 (c) Offenses that were felonies when committed but that are
2138 now misdemeanors and for which the applicant for the exemption
2139 has completed or been lawfully released from confinement,
2140 supervision, or sanction; or
2141 (d) Findings of delinquency. For offenses that would be
2142 felonies if committed by an adult and the record has not been
2143 sealed or expunged, the exemption may not be granted until at
2144 least 3 years have elapsed since the applicant for the exemption
2145 has completed or been lawfully released from confinement,
2146 supervision, or sanction for the disqualifying offense; or
2147 (e) Commissions of acts of domestic violence as defined in
2148 s. 741.30.
2149
2150 For the purposes of this subsection, the term “felonies” means
2151 both felonies prohibited under any of the Florida Statutes cited
2152 in this chapter or under similar statutes of other
2153 jurisdictions.
2154 (2) Persons employed, or applicants for employment, by
2155 treatment providers who treat adolescents 13 years of age and
2156 older who are disqualified from employment solely because of
2157 crimes under s. 817.563, s. 893.13, or s. 893.147 may be
2158 exempted from disqualification from employment pursuant to this
2159 chapter section without application of the 3-year waiting period
2160 in paragraph (1)(a).
2161 (3)(a) In order for the head of an agency a licensing
2162 department to grant an exemption to any employee, the employee
2163 must demonstrate by clear and convincing evidence that the
2164 employee should not be disqualified from employment. Employees
2165 seeking an exemption have the burden of setting forth clear and
2166 convincing sufficient evidence of rehabilitation, including, but
2167 not limited to, the circumstances surrounding the criminal
2168 incident for which an exemption is sought, the time period that
2169 has elapsed since the incident, the nature of the harm caused to
2170 the victim, and the history of the employee since the incident,
2171 or any other evidence or circumstances indicating that the
2172 employee will not present a danger if employment or continued
2173 employment is allowed.
2174 (b) The agency may consider as part of its deliberations of
2175 the employee’s rehabilitation the fact that the employee has,
2176 subsequent to the conviction for the disqualifying offense for
2177 which the exemption is being sought, been arrested for or
2178 convicted of another crime, even if that crime is not a
2179 disqualifying offense.
2180 (c) The decision of the head of an agency licensing
2181 department regarding an exemption may be contested through the
2182 hearing procedures set forth in chapter 120. The standard of
2183 review by the administrative law judge is whether the agency’s
2184 intended action is an abuse of discretion.
2185 (4)(a) Disqualification from employment under this chapter
2186 subsection (1) may not be removed from, nor may an exemption be
2187 granted to, any personnel who is found guilty of, regardless of
2188 adjudication, or who has entered a plea of nolo contendere or
2189 guilty to, any felony covered by s. 435.03 or s. 435.04 solely
2190 by reason of any pardon, executive clemency, or restoration of
2191 civil rights.
2192 (b) Disqualification from employment under this chapter may
2193 not be removed from, nor may an exemption be granted to, any
2194 person who is a:
2195 1. Sexual predator as designated pursuant to s. 775.21;
2196 2. Career offender pursuant to s. 775.261; or
2197 3. Sexual offender pursuant to s. 943.0435, unless the
2198 requirement to register as a sexual offender has been removed
2199 pursuant to s. 943.04354.
2200 (5) Exemptions granted by one licensing agency shall be
2201 considered by subsequent licensing agencies, but are not binding
2202 on the subsequent licensing agency.
2203 Section 42. Section 435.08, Florida Statutes, is amended to
2204 read:
2205 435.08 Payment for processing of fingerprints and state
2206 criminal records checks.—Either the employer or the employee is
2207 responsible for paying the costs of screening. Payment shall be
2208 submitted to the Florida Department of Law Enforcement with the
2209 request for screening. The appropriate agency is responsible for
2210 collecting and paying any fee related to fingerprints retained
2211 on its behalf to the Department of Law Enforcement for costs
2212 resulting from the fingerprint information retention services.
2213 The amount of the annual fee and procedures for the submission
2214 and retention of fingerprint information and for the
2215 dissemination of search results shall be established by rule of
2216 the Department of Law Enforcement.
2217 Section 43. Subsection (1) of section 464.203, Florida
2218 Statutes, is amended to read:
2219 464.203 Certified nursing assistants; certification
2220 requirement.—
2221 (1) The board shall issue a certificate to practice as a
2222 certified nursing assistant to any person who demonstrates a
2223 minimum competency to read and write and successfully passes the
2224 required background Level I or Level II screening pursuant to s.
2225 400.215 and meets one of the following requirements:
2226 (a) Has successfully completed an approved training program
2227 and achieved a minimum score, established by rule of the board,
2228 on the nursing assistant competency examination, which consists
2229 of a written portion and skills-demonstration portion approved
2230 by the board and administered at a site and by personnel
2231 approved by the department.
2232 (b) Has achieved a minimum score, established by rule of
2233 the board, on the nursing assistant competency examination,
2234 which consists of a written portion and skills-demonstration
2235 portion, approved by the board and administered at a site and by
2236 personnel approved by the department and:
2237 1. Has a high school diploma, or its equivalent; or
2238 2. Is at least 18 years of age.
2239 (c) Is currently certified in another state; is listed on
2240 that state’s certified nursing assistant registry; and has not
2241 been found to have committed abuse, neglect, or exploitation in
2242 that state.
2243 (d) Has completed the curriculum developed under the
2244 Enterprise Florida Jobs and Education Partnership Grant and
2245 achieved a minimum score, established by rule of the board, on
2246 the nursing assistant competency examination, which consists of
2247 a written portion and skills-demonstration portion, approved by
2248 the board and administered at a site and by personnel approved
2249 by the department.
2250 Section 44. Subsection (9) of section 489.115, Florida
2251 Statutes, is amended to read:
2252 489.115 Certification and registration; endorsement;
2253 reciprocity; renewals; continuing education.—
2254 (9) An initial applicant shall submit, along with the
2255 application, a complete set of fingerprints to in a form and
2256 manner required by the department. The fingerprints shall be
2257 submitted to the Department of Law Enforcement for state
2258 processing, and the Department of Law Enforcement shall forward
2259 them to the Federal Bureau of Investigation for national
2260 processing for the purpose of determining if the applicant has a
2261 criminal history record conducting a level 2 background check
2262 pursuant to s. 435.04. The department shall and the board may
2263 review the background results to determine if an applicant meets
2264 licensure requirements. The cost for the fingerprint processing
2265 shall be borne by the person subject to the background
2266 screening. These fees are to be collected by the authorized
2267 agencies or vendors. The authorized agencies or vendors are
2268 responsible for paying the processing costs to the Department of
2269 Law Enforcement.
2270 Section 45. Paragraphs (g) and (h) of subsection (2) of
2271 section 943.05, Florida Statutes, are amended, and subsection
2272 (4) is added to that section, to read:
2273 943.05 Criminal Justice Information Program; duties; crime
2274 reports.—
2275 (2) The program shall:
2276 (g) Upon official written request, and subject to the
2277 department having sufficient funds and equipment to participate
2278 in such a request, from the agency executive director or
2279 secretary, or from his or her designee, or from qualified
2280 entities participating in the volunteer and employee criminal
2281 history screening system under s. 943.0542, or as otherwise
2282 required As authorized by law, retain fingerprints submitted by
2283 criminal and noncriminal justice agencies to the department for
2284 a criminal history background screening in a manner provided by
2285 rule and enter the fingerprints in the statewide automated
2286 fingerprint identification system authorized by paragraph (b).
2287 Such fingerprints shall thereafter be available for all purposes
2288 and uses authorized for arrest fingerprint submissions cards
2289 entered into the statewide automated fingerprint identification
2290 system pursuant to s. 943.051.
2291 (h)1. For each agency or qualified entity that officially
2292 requests retention of fingerprints or for which retention is
2293 otherwise required As authorized by law, search all arrest
2294 fingerprint submissions cards received under s. 943.051 against
2295 the fingerprints retained in the statewide automated fingerprint
2296 identification system under paragraph (g).
2297 1. Any arrest record that is identified with the retained
2298 fingerprints of a person subject to background screening as
2299 provided in paragraph (g) shall be reported to the appropriate
2300 agency or qualified entity.
2301 2. To Agencies may participate in this search process,
2302 agencies or qualified entities must notify each person
2303 fingerprinted that his or her fingerprints will be retained, pay
2304 by payment of an annual fee to the department, and inform by
2305 informing the department of any change in the affiliation,
2306 employment, or contractual status or place of affiliation,
2307 employment, or contracting of each person the persons whose
2308 fingerprints are retained under paragraph (g) when such change
2309 removes or eliminates the agency or qualified entity’s basis or
2310 need for receiving reports of any arrest of that person, so that
2311 the agency or qualified entity will not be obligated to pay the
2312 upcoming annual fee for the retention and searching of that
2313 person’s fingerprints to the department. The department shall
2314 adopt a rule setting the amount of the annual fee to be imposed
2315 upon each participating agency or qualified entity for
2316 performing these searches and establishing the procedures for
2317 the retention of fingerprints and the dissemination of search
2318 results. The fee may be borne by the agency, qualified entity,
2319 or person subject to fingerprint retention or as otherwise
2320 provided by law. Fees may be waived or reduced by the executive
2321 director for good cause shown. Consistent with the recognition
2322 of criminal justice agencies expressed in s. 943.053(3), these
2323 services will be provided to criminal justice agencies for
2324 criminal justice purposes free of charge.
2325 3. Agencies that participate in the fingerprint retention
2326 and search process may adopt rules pursuant to ss. 120.536(1)
2327 and 120.54 to require employers to keep the agency informed of
2328 any change in the affiliation, employment, or contractual status
2329 of each person whose fingerprints are retained under paragraph
2330 (g) when such change removes or eliminates the agency’s basis or
2331 need for receiving reports of any arrest of that person, so that
2332 the agency will not be obligated to pay the upcoming annual fee
2333 for the retention and searching of that person’s fingerprints to
2334 the department.
2335 (4) Upon notification that a federal fingerprint retention
2336 program is in effect, and subject to the department being funded
2337 and equipped to participate in such a program, the department
2338 shall, when state and national criminal history records checks
2339 and retention of submitted prints are authorized or required by
2340 law, retain the fingerprints as provided in paragraphs (2)(g)
2341 and (h) and advise the Federal Bureau of Investigation to retain
2342 the fingerprints at the national level for searching against
2343 arrest fingerprint submissions received at the national level.
2344 Section 46. Subsections (6) and (11) of section 943.053,
2345 Florida Statutes, are amended to read:
2346 943.053 Dissemination of criminal justice information;
2347 fees.—
2348 (6) Notwithstanding any other provision of law, the
2349 department shall provide to the Florida Department of Revenue
2350 Child Support Enforcement access to Florida criminal records
2351 which are not exempt from disclosure under chapter 119, and to
2352 such information as may be lawfully available from other states
2353 via the National Law Enforcement Telecommunications System, for
2354 the purpose of locating subjects who owe or potentially owe
2355 support, as defined in s. 409.2554, or to whom such obligation
2356 is owed pursuant to Title IV-D of the Social Security Act. Such
2357 information may be provided to child support enforcement
2358 authorities in other states for these specific purposes.
2359 (11) A criminal justice agency that is authorized under
2360 federal rules or law to conduct a criminal history background
2361 check on an agency employee who is not certified by the Criminal
2362 Justice Standards and Training Commission under s. 943.12 may
2363 submit to the department the fingerprints of the noncertified
2364 employee to obtain state and national criminal history
2365 information. Effective January 15, 2007, The fingerprints
2366 submitted shall be retained and entered in the statewide
2367 automated fingerprint identification system authorized by s.
2368 943.05 and shall be available for all purposes and uses
2369 authorized for arrest fingerprint submissions cards entered in
2370 the statewide automated fingerprint identification system
2371 pursuant to s. 943.051. The department shall search all arrest
2372 fingerprint submissions cards received pursuant to s. 943.051
2373 against the fingerprints retained in the statewide automated
2374 fingerprint identification system pursuant to this section. In
2375 addition to all purposes and uses authorized for arrest
2376 fingerprint submissions cards for which submitted fingerprints
2377 may be used, any arrest record that is identified with the
2378 retained employee fingerprints must be reported to the
2379 submitting employing agency.
2380 Section 47. Paragraph (a) of subsection (2) of section
2381 984.01, Florida Statutes, is amended to read:
2382 984.01 Purposes and intent; personnel standards and
2383 screening.—
2384 (2) The Department of Juvenile Justice or the Department of
2385 Children and Family Services, as appropriate, may contract with
2386 the Federal Government, other state departments and agencies,
2387 county and municipal governments and agencies, public and
2388 private agencies, and private individuals and corporations in
2389 carrying out the purposes of, and the responsibilities
2390 established in, this chapter.
2391 (a) When the department of Juvenile Justice or the
2392 Department of Children and Family Services contracts with a
2393 provider for any program for children, all personnel, including
2394 owners, operators, employees, and volunteers, in the facility
2395 must be of good moral character. Each contract entered into by
2396 either department for services delivered on an appointment or
2397 intermittent basis by a provider that does not have regular
2398 custodial responsibility for children and each contract with a
2399 school for before or aftercare services must ensure that the
2400 owners, operators, and all personnel who have direct contact
2401 with children are of good moral character. A volunteer who
2402 assists on an intermittent basis for less than 10 40 hours per
2403 month need not be screened, provided a person who meets the
2404 screening requirement of this section is always present and has
2405 the volunteer in his or her line of sight if the volunteer is
2406 under direct and constant supervision by persons who meet the
2407 screening requirements.
2408 Section 48. Section 985.644, Florida Statutes, is amended
2409 to read:
2410 985.644 Departmental contracting powers; personnel
2411 standards and screening.—
2412 (1) The department of Juvenile Justice or the Department of
2413 Children and Family Services, as appropriate, may contract with
2414 the Federal Government, other state departments and agencies,
2415 county and municipal governments and agencies, public and
2416 private agencies, and private individuals and corporations in
2417 carrying out the purposes of, and the responsibilities
2418 established in, this chapter.
2419 (a) When the Department of Juvenile Justice or the
2420 Department of Children and Family Services contracts with a
2421 provider for any program for children, all personnel, including
2422 owners, operators, employees, and volunteers, in the facility
2423 must be of good moral character. Each contract entered into by
2424 the either department for services delivered on an appointment
2425 or intermittent basis by a provider that does not have regular
2426 custodial responsibility for children and each contract with a
2427 school for before or aftercare services must ensure that all the
2428 owners, operators, and all personnel who have direct contact
2429 with children are subject to level 2 background screening
2430 pursuant to chapter 435 of good moral character.
2431 (b) A volunteer who assists the department or any program
2432 for children on an intermittent basis for less than 10 40 hours
2433 per month need not be screened, provided a person who meets the
2434 screening requirement of this section is always present and has
2435 the volunteer in his or her line of sight if the volunteer is
2436 under direct and constant supervision by persons who meet the
2437 screening requirements.
2438 (b) The Department of Juvenile Justice and the Department
2439 of Children and Family Services shall require employment
2440 screening pursuant to chapter 435, using the level 2 standards
2441 set forth in that chapter for personnel in programs for children
2442 or youths.
2443 (c) The Department of Juvenile Justice or the Department of
2444 Children and Family Services may grant exemptions from
2445 disqualification from working with children as provided in s.
2446 435.07.
2447 (2) The department may contract with the Federal
2448 Government, other state departments and agencies, county and
2449 municipal governments and agencies, public and private agencies,
2450 and private individuals and corporations in carrying out the
2451 purposes and the responsibilities of the delinquency services
2452 and programs of the department.
2453 (2)(3) The department shall adopt a rule pursuant to
2454 chapter 120 establishing a procedure to provide notice of policy
2455 changes that affect contracted delinquency services and
2456 programs. A policy is defined as an operational requirement that
2457 applies to only the specified contracted delinquency service or
2458 program. The procedure shall include:
2459 (a) Public notice of policy development.
2460 (b) Opportunity for public comment on the proposed policy.
2461 (c) Assessment for fiscal impact upon the department and
2462 providers.
2463 (d) The department’s response to comments received.
2464 (4) When the department contracts with a provider for any
2465 delinquency service or program, all personnel, including all
2466 owners, operators, employees, and volunteers in the facility or
2467 providing the service or program shall be of good moral
2468 character. A volunteer who assists on an intermittent basis for
2469 less than 40 hours per month is not required to be screened if
2470 the volunteer is under direct and constant supervision by
2471 persons who meet the screening requirements.
2472 (3)(5)(a) All employees of the department and all personnel
2473 of contract providers for any program for children, including
2474 all owners, operators, employees, persons who have access to
2475 confidential juvenile records, and volunteers, must complete For
2476 any person employed by the department, or by a provider under
2477 contract with the department, in delinquency facilities,
2478 services, or programs, the department shall require:
2479 1. A level 2 employment screening pursuant to chapter 435
2480 prior to employment. The security background investigations
2481 conducted under this section must ensure that, in addition to
2482 the disqualifying offenses listed in s. 435.04, no person
2483 subject to the background screening provisions of this section
2484 has been found guilty of, regardless of adjudication, or entered
2485 a plea of nolo contendere or guilty to, any offense prohibited
2486 under any of the following provisions of the Florida Statutes or
2487 under any similar statute of another jurisdiction:
2488 a. Section 784.07, relating to assault or battery of law
2489 enforcement officers, firefighters, emergency medical care
2490 providers, public transit employees or agents, or other
2491 specified officers.
2492 b. Section 817.568, relating to criminal use of personal
2493 identification information.
2494 2. A national federal criminal records check by the Federal
2495 Bureau of Investigation every 5 years following the date of the
2496 person’s employment.
2497 (b) Except for law enforcement, correctional, and
2498 correctional probation officers, to whom s. 943.13(5) applies,
2499 the department shall electronically submit to the Department of
2500 Law Enforcement:
2501 1. Fingerprint information obtained during the employment
2502 screening required by subparagraph (a)1.
2503 2. Beginning on December 15, 2005, Fingerprint information
2504 for all persons employed by the department, or by a provider
2505 under contract with the department, in delinquency facilities,
2506 services, or programs if such fingerprint information has not
2507 previously been electronically submitted to the Department of
2508 Law Enforcement under this paragraph.
2509 (c) All fingerprint information electronically submitted to
2510 the Department of Law Enforcement under paragraph (b) shall be
2511 retained by the Department of Law Enforcement and entered into
2512 the statewide automated fingerprint identification system
2513 authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2514 information shall be available for all purposes and uses
2515 authorized for arrest fingerprint information entered into the
2516 statewide automated fingerprint identification system pursuant
2517 to s. 943.051 until the fingerprint information is removed
2518 pursuant to paragraph (e). The Department of Law Enforcement
2519 shall search all arrest fingerprint information received
2520 pursuant to s. 943.051 against the fingerprint information
2521 entered into the statewide automated fingerprint system pursuant
2522 to this subsection. Any arrest records identified as a result of
2523 the search shall be reported to the department in the manner and
2524 timeframe established by the Department of Law Enforcement by
2525 rule.
2526 (d) The department shall pay an annual fee to the
2527 Department of Law Enforcement for its costs resulting from the
2528 fingerprint information retention services required by this
2529 subsection. The amount of the annual fee and procedures for the
2530 submission and retention of fingerprint information and for the
2531 dissemination of search results shall be established by the
2532 Department of Law Enforcement by a rule that is applicable to
2533 the department individually pursuant to this subsection or that
2534 is applicable to the department and other employing agencies
2535 pursuant to rulemaking authority otherwise provided by law.
2536 (e) The department shall notify the Department of Law
2537 Enforcement when a person whose fingerprint information is
2538 retained by the Department of Law Enforcement under this
2539 subsection is no longer employed by the department, or by a
2540 provider under contract with the department, in a delinquency
2541 facility, service, or program. This notice shall be provided by
2542 the department to the Department of Law Enforcement no later
2543 than 6 months after the date of the change in the person’s
2544 employment status. Fingerprint information for persons
2545 identified by the department in the notice shall be removed from
2546 the statewide automated fingerprint system.
2547 (6) The department may grant exemptions from
2548 disqualification from working with children as provided in s.
2549 435.07.
2550 (7) The department may adopt rules pursuant to ss.
2551 120.536(1) and 120.54 to describe the procedure and requirements
2552 necessary to implement the employment screening and fingerprint
2553 retention services for all employees of the department and all
2554 personnel of contract providers for any program for children,
2555 including all owners, operators, employees, and volunteers,
2556 including the collection of associated fees.
2557 Section 49. Paragraph (a) of subsection (1) of section
2558 381.60225, Florida Statutes, is amended to read:
2559 381.60225 Background screening.—
2560 (1) Each applicant for certification must comply with the
2561 following requirements:
2562 (a) Upon receipt of a completed, signed, and dated
2563 application, the Agency for Health Care Administration shall
2564 require background screening, in accordance with the level 2
2565 standards for screening set forth in chapter 435, of the
2566 managing employee, or other similarly titled individual
2567 responsible for the daily operation of the organization, agency,
2568 or entity, and financial officer, or other similarly titled
2569 individual who is responsible for the financial operation of the
2570 organization, agency, or entity, including billings for
2571 services. The applicant must comply with the procedures for
2572 level 2 background screening as set forth in chapter 435, as
2573 well as the requirements of s. 435.03(3).
2574 Section 50. Subsection (32) of section 409.912, Florida
2575 Statutes, is amended to read:
2576 409.912 Cost-effective purchasing of health care.—The
2577 agency shall purchase goods and services for Medicaid recipients
2578 in the most cost-effective manner consistent with the delivery
2579 of quality medical care. To ensure that medical services are
2580 effectively utilized, the agency may, in any case, require a
2581 confirmation or second physician’s opinion of the correct
2582 diagnosis for purposes of authorizing future services under the
2583 Medicaid program. This section does not restrict access to
2584 emergency services or poststabilization care services as defined
2585 in 42 C.F.R. part 438.114. Such confirmation or second opinion
2586 shall be rendered in a manner approved by the agency. The agency
2587 shall maximize the use of prepaid per capita and prepaid
2588 aggregate fixed-sum basis services when appropriate and other
2589 alternative service delivery and reimbursement methodologies,
2590 including competitive bidding pursuant to s. 287.057, designed
2591 to facilitate the cost-effective purchase of a case-managed
2592 continuum of care. The agency shall also require providers to
2593 minimize the exposure of recipients to the need for acute
2594 inpatient, custodial, and other institutional care and the
2595 inappropriate or unnecessary use of high-cost services. The
2596 agency shall contract with a vendor to monitor and evaluate the
2597 clinical practice patterns of providers in order to identify
2598 trends that are outside the normal practice patterns of a
2599 provider’s professional peers or the national guidelines of a
2600 provider’s professional association. The vendor must be able to
2601 provide information and counseling to a provider whose practice
2602 patterns are outside the norms, in consultation with the agency,
2603 to improve patient care and reduce inappropriate utilization.
2604 The agency may mandate prior authorization, drug therapy
2605 management, or disease management participation for certain
2606 populations of Medicaid beneficiaries, certain drug classes, or
2607 particular drugs to prevent fraud, abuse, overuse, and possible
2608 dangerous drug interactions. The Pharmaceutical and Therapeutics
2609 Committee shall make recommendations to the agency on drugs for
2610 which prior authorization is required. The agency shall inform
2611 the Pharmaceutical and Therapeutics Committee of its decisions
2612 regarding drugs subject to prior authorization. The agency is
2613 authorized to limit the entities it contracts with or enrolls as
2614 Medicaid providers by developing a provider network through
2615 provider credentialing. The agency may competitively bid single
2616 source-provider contracts if procurement of goods or services
2617 results in demonstrated cost savings to the state without
2618 limiting access to care. The agency may limit its network based
2619 on the assessment of beneficiary access to care, provider
2620 availability, provider quality standards, time and distance
2621 standards for access to care, the cultural competence of the
2622 provider network, demographic characteristics of Medicaid
2623 beneficiaries, practice and provider-to-beneficiary standards,
2624 appointment wait times, beneficiary use of services, provider
2625 turnover, provider profiling, provider licensure history,
2626 previous program integrity investigations and findings, peer
2627 review, provider Medicaid policy and billing compliance records,
2628 clinical and medical record audits, and other factors. Providers
2629 shall not be entitled to enrollment in the Medicaid provider
2630 network. The agency shall determine instances in which allowing
2631 Medicaid beneficiaries to purchase durable medical equipment and
2632 other goods is less expensive to the Medicaid program than long
2633 term rental of the equipment or goods. The agency may establish
2634 rules to facilitate purchases in lieu of long-term rentals in
2635 order to protect against fraud and abuse in the Medicaid program
2636 as defined in s. 409.913. The agency may seek federal waivers
2637 necessary to administer these policies.
2638 (32) Each managed care plan that is under contract with the
2639 agency to provide health care services to Medicaid recipients
2640 shall annually conduct a background check with the Florida
2641 Department of Law Enforcement of all persons with ownership
2642 interest of 5 percent or more or executive management
2643 responsibility for the managed care plan and shall submit to the
2644 agency information concerning any such person who has been found
2645 guilty of, regardless of adjudication, or has entered a plea of
2646 nolo contendere or guilty to, any of the offenses listed in s.
2647 435.04 435.03.
2648 Section 51. Paragraph (e) of subsection (1) of section
2649 464.018, Florida Statutes, is amended to read:
2650 464.018 Disciplinary actions.—
2651 (1) The following acts constitute grounds for denial of a
2652 license or disciplinary action, as specified in s. 456.072(2):
2653 (e) Having been found guilty of, regardless of
2654 adjudication, or entered a plea of nolo contendere or guilty to,
2655 any offense prohibited under s. 435.04 435.03 or under any
2656 similar statute of another jurisdiction; or having committed an
2657 act which constitutes domestic violence as defined in s. 741.28.
2658 Section 52. Paragraph (m) of subsection (1) of section
2659 468.3101, Florida Statutes, is amended to read:
2660 468.3101 Disciplinary grounds and actions.—
2661 (1) The department may make or require to be made any
2662 investigations, inspections, evaluations, and tests, and require
2663 the submission of any documents and statements, which it
2664 considers necessary to determine whether a violation of this
2665 part has occurred. The following acts shall be grounds for
2666 disciplinary action as set forth in this section:
2667 (m) Having been found guilty of, regardless of
2668 adjudication, or pleading guilty or nolo contendere to, any
2669 offense prohibited under s. 435.04 435.03 or under any similar
2670 statute of another jurisdiction.
2671 Section 53. Subsection (3) of section 744.309, Florida
2672 Statutes, is amended to read:
2673 744.309 Who may be appointed guardian of a resident ward.—
2674 (3) DISQUALIFIED PERSONS.—No person who has been convicted
2675 of a felony or who, from any incapacity or illness, is incapable
2676 of discharging the duties of a guardian, or who is otherwise
2677 unsuitable to perform the duties of a guardian, shall be
2678 appointed to act as guardian. Further, no person who has been
2679 judicially determined to have committed abuse, abandonment, or
2680 neglect against a child as defined in s. 39.01 or s. 984.03(1),
2681 (2), and (37), or who has been found guilty of, regardless of
2682 adjudication, or entered a plea of nolo contendere or guilty to,
2683 any offense prohibited under s. 435.04 435.03 or under any
2684 similar statute of another jurisdiction, shall be appointed to
2685 act as a guardian. Except as provided in subsection (5) or
2686 subsection (6), a person who provides substantial services to
2687 the proposed ward in a professional or business capacity, or a
2688 creditor of the proposed ward, may not be appointed guardian and
2689 retain that previous professional or business relationship. A
2690 person may not be appointed a guardian if he or she is in the
2691 employ of any person, agency, government, or corporation that
2692 provides service to the proposed ward in a professional or
2693 business capacity, except that a person so employed may be
2694 appointed if he or she is the spouse, adult child, parent, or
2695 sibling of the proposed ward or the court determines that the
2696 potential conflict of interest is insubstantial and that the
2697 appointment would clearly be in the proposed ward’s best
2698 interest. The court may not appoint a guardian in any other
2699 circumstance in which a conflict of interest may occur.
2700 Section 54. Subsection (12) of section 744.474, Florida
2701 Statutes, is amended to read:
2702 744.474 Reasons for removal of guardian.—A guardian may be
2703 removed for any of the following reasons, and the removal shall
2704 be in addition to any other penalties prescribed by law:
2705 (12) Having been found guilty of, regardless of
2706 adjudication, or entered a plea of nolo contendere or guilty to,
2707 any offense prohibited under s. 435.04 435.03 or under any
2708 similar statute of another jurisdiction.
2709 Section 55. Paragraph (a) of subsection (6) of section
2710 985.04, Florida Statutes, is amended to read:
2711 985.04 Oaths; records; confidential information.—
2712 (6)(a) Records maintained by the department, including
2713 copies of records maintained by the court, which pertain to a
2714 child found to have committed a delinquent act which, if
2715 committed by an adult, would be a crime specified in s. ss.
2716 435.03 and 435.04 may not be destroyed under this section for a
2717 period of 25 years after the youth’s final referral to the
2718 department, except in cases of the death of the child. Such
2719 records, however, shall be sealed by the court for use only in
2720 meeting the screening requirements for personnel in s. 402.3055
2721 and the other sections cited above, or under departmental rule;
2722 however, current criminal history information must be obtained
2723 from the Department of Law Enforcement in accordance with s.
2724 943.053. The information shall be released to those persons
2725 specified in the above cited sections for the purposes of
2726 complying with those sections. The court may punish by contempt
2727 any person who releases or uses the records for any unauthorized
2728 purpose.
2729 Section 56. Section 409.1758, Florida Statutes, is
2730 repealed.
2731 Section 57. Paragraph (d) of subsection (4) of section
2732 456.039, Florida Statutes, is repealed.
2733 Section 58. The changes made by this act are intended to be
2734 prospective in nature. It is not intended that persons who are
2735 employed or licensed on the effective date of this act be
2736 rescreened until such time as they are otherwise required to be
2737 rescreened pursuant to law, at which time they must meet the
2738 requirements for screening as set forth in this act.
2739 Section 59. This act shall take effect August 1, 2010.