CS/HB 7069

1	A bill to be entitled
2	An act relating to background screening; amending s.
3	39.821, F.S.; revising background screening requirements
4	for the Guardian Ad Litem Program; amending s. 215.5586,
5	F.S.; removing reference to chapter 435, F.S., for
6	background screening of hurricane mitigation inspectors;
7	amending s. 393.0655, F.S.; adding additional
8	disqualifying offenses for the screening of direct service
9	providers for persons with developmental disabilities;
10	amending s. 394.4572, F.S.; revising background screening
11	requirements for mental health personnel; amending s.
12	400.215, F.S.; revising background screening requirements
13	for nursing home personnel; amending s. 400.506, F.S.;
14	conforming provisions to changes made by the act; amending
15	s. 400.512, F.S.; revising background screening
16	requirements for home health agency personnel, nurse
17	registry personnel, and companions and homemakers;
18	amending s. 400.6065, F.S.; revising background screening
19	requirements for hospices; amending s. 400.801, F.S.;
20	revising background screening requirements for homes for
21	special services; amending s. 400.805, F.S.; revising
22	background screening requirements for transitional living
23	facilities; creating s. 400.9065, F.S.; providing
24	background screening requirements for prescribed pediatric
25	extended care centers; amending s. 400.934, F.S.; revising
26	minimum standards for home medical equipment providers;
27	amending s. 400.953, F.S.; revising background screening
28	requirements for home medical equipment providers;
29	repealing s. 400.955, F.S., relating to the procedures for
30	screening of home medical equipment provider personnel;
31	amending s. 400.964, F.S.; revising background screening
32	requirements for intermediate care facilities for
33	developmentally disabled persons; amending s. 400.980,
34	F.S.; revising background screening requirements for
35	health care services pools; amending s. 400.991, F.S.;
36	revising background screening requirements for health care
37	clinics; amending s. 408.806, F.S.; adding a requirement
38	for an affidavit relating to background screening to the
39	license application process under the Agency for Health
40	Care Administration; amending s. 408.808, F.S.; conforming
41	provisions to changes made by the act; amending s.
42	408.809, F.S.; revising background screening requirements
43	under the Agency for Health Care Administration; requiring
44	electronic submission of fingerprints; amending s.
45	409.175, F.S.; revising background screening requirements
46	for employees and volunteers in summer day camps and
47	summer 24-hour camps; repealing s. 409.1758, F.S.,
48	relating to screening of summer camp personnel; amending
49	s. 409.221, F.S.; revising background screening
50	requirements for persons who render consumer-directed
51	care; amending s. 409.907, F.S.; revising background
52	screening requirements for Medicaid providers; amending s.
53	429.14, F.S.; revising administrative penalty provisions
54	relating to assisted living facilities; amending s.
55	429.174, F.S.; revising background screening requirements
56	for assisted living facilities; amending s. 429.67, F.S.;
57	revising licensure requirements for adult family-care
58	homes; amending s. 429.69, F.S.; revising background
59	screening requirements for adult family-care homes;
60	amending s. 429.911, F.S.; revising administrative penalty
61	provisions relating to adult day care centers; amending s.
62	429.919, F.S.; revising background screening requirements
63	for adult day care centers; creating s. 430.60, F.S.;
64	providing background screening requirements for direct
65	service providers under the Department of Elderly Affairs;
66	amending s. 435.01, F.S.; revising provisions related to
67	the applicability of the chapter, statutory references to
68	the chapter, and rulemaking; providing construction with
69	respect to the doctrine of incorporation by reference;
70	amending s. 435.02, F.S.; revising and adding definitions;
71	amending s. 435.03, F.S.; revising level 1 screening
72	standards; adding disqualifying offenses; amending s.
73	435.04, F.S.; revising level 2 screening standards;
74	requiring electronic submission of fingerprints after a
75	certain date; authorizing agencies to contract for
76	electronic fingerprinting; adding disqualifying offenses;
77	amending s. 435.05, F.S.; revising background check
78	requirements for covered employees and employers; amending
79	s. 435.06, F.S.; revising provisions relating to exclusion
80	from employment; providing that an employer may not hire,
81	select, or otherwise allow an employee contact with any
82	vulnerable person until the screening process is
83	completed; requiring removal of an employee arrested for
84	disqualifying offenses from roles requiring background
85	screening until the employee's eligibility for employment
86	is determined; amending s. 435.07, F.S.; revising
87	provisions relating to exemptions from disqualification;
88	providing that disqualification from employment may not be
89	removed from, nor an exemption be granted to, any person
90	who has been designated as a sexual predator, career
91	offender, or sexual offender; amending s. 435.08, F.S.;
92	revising provisions relating to the payment for processing
93	of fingerprints and criminal history records checks;
94	amending s. 456.039, F.S.; deleting language relating to
95	criminal history records checks of designated health care
96	professionals; amending s. 464.203, F.S.; conforming
97	provisions to changes made by the act; amending s.
98	489.115, F.S.; removing reference to chapter 435, F.S.,
99	for background screening of construction contractors;
100	amending s. 943.05, F.S.; revising provisions relating to
101	the Criminal Justice Information Program under the
102	Department of Law Enforcement; authorizing agencies to
103	request the retention of certain fingerprints by the
104	department; providing for rulemaking to require employers
105	to keep the agencies informed of any change in the
106	affiliation, employment, or contractual status of each
107	person whose fingerprints are retained in certain
108	circumstances; providing departmental duties upon
109	notification that a federal fingerprint retention program
110	is in effect; amending s. 943.053, F.S.; removing obsolete
111	references relating to the dissemination of criminal
112	justice information; amending s. 985.644, F.S.; revising
113	background screening requirements for the Department of
114	Juvenile Justice; authorizing rulemaking; amending ss.
115	381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
116	and 985.04, F.S.; conforming provisions to changes made to
117	ch. 435, F.S., by this act; providing for prospective
118	application of the act; providing an effective date.
119
120	Be It Enacted by the Legislature of the State of Florida:
121
122	Section 1.  Subsection (1) of section 39.821, Florida
123	Statutes, is amended to read:
124	39.821  Qualifications of guardians ad litem.-
125	(1)  Because of the special trust or responsibility placed
126	in a guardian ad litem, the Guardian Ad Litem Program may use
127	any private funds collected by the program, or any state funds
128	so designated, to conduct a security background investigation
129	before certifying a volunteer to serve. A security background
130	investigation must include, but need not be limited to,
131	employment history checks, checks of references, local criminal
132	history records checks through local law enforcement agencies,
133	and statewide criminal history records checks through the
134	Department of Law Enforcement. Upon request, an employer shall
135	furnish a copy of the personnel record for the employee or
136	former employee who is the subject of a security background
137	investigation conducted under this section. The information
138	contained in the personnel record may include, but need not be
139	limited to, disciplinary matters and the reason why the employee
140	was terminated from employment. An employer who releases a
141	personnel record for purposes of a security background
142	investigation is presumed to have acted in good faith and is not
143	liable for information contained in the record without a showing
144	that the employer maliciously falsified the record. A security
145	background investigation conducted under this section must
146	ensure that a person is not certified as a guardian ad litem if
147	the person has an arrest awaiting final disposition for, been
148	convicted of, regardless of adjudication, or entered a plea of
149	nolo contendere or guilty to, or has been adjudicated delinquent
150	and the record has not been sealed or expunged for, any offense
151	prohibited under the provisions listed in s. 435.04. All
152	applicants certified after July 1, 2010, must undergo a level 2
153	background screening pursuant to chapter 435 before being
154	certified the provisions of the Florida Statutes specified in s.
155	435.04(2) or under any similar law in another jurisdiction.
156	Before certifying an applicant to serve as a guardian ad litem,
157	the Guardian Ad Litem Program may request a federal criminal
158	records check of the applicant through the Federal Bureau of
159	Investigation. In analyzing and evaluating the information
160	obtained in the security background investigation, the program
161	must give particular emphasis to past activities involving
162	children, including, but not limited to, child-related criminal
163	offenses or child abuse. The program has the sole discretion in
164	determining whether to certify a person based on his or her
165	security background investigation. The information collected
166	pursuant to the security background investigation is
167	confidential and exempt from s. 119.07(1).
168	Section 2.  Paragraph (b) of subsection (1) of section
169	215.5586, Florida Statutes, is amended to read:
170	215.5586  My Safe Florida Home Program.-There is
171	established within the Department of Financial Services the My
172	Safe Florida Home Program. The department shall provide fiscal
173	accountability, contract management, and strategic leadership
174	for the program, consistent with this section. This section does
175	not create an entitlement for property owners or obligate the
176	state in any way to fund the inspection or retrofitting of
177	residential property in this state. Implementation of this
178	program is subject to annual legislative appropriations. It is
179	the intent of the Legislature that the My Safe Florida Home
180	Program provide trained and certified inspectors to perform
181	inspections for owners of site-built, single-family, residential
182	properties and grants to eligible applicants as funding allows.
183	The program shall develop and implement a comprehensive and
184	coordinated approach for hurricane damage mitigation that may
185	include the following:
186	(1)  HURRICANE MITIGATION INSPECTIONS.-
187	(b)  To qualify for selection by the department as a wind
188	certification entity to provide hurricane mitigation
189	inspections, the entity shall, at a minimum, meet the following
190	requirements:
191	1.  Use hurricane mitigation inspectors who:
192	a.  Are certified as a building inspector under s. 468.607;
193	b.  Are licensed as a general or residential contractor
194	under s. 489.111;
195	c.  Are licensed as a professional engineer under s.
196	471.015 and who have passed the appropriate equivalency test of
197	the building code training program as required by s. 553.841;
198	d.  Are licensed as a professional architect under s.
199	481.213; or
200	e.  Have at least 2 years of experience in residential
201	construction or residential building inspection and have
202	received specialized training in hurricane mitigation
203	procedures. Such training may be provided by a class offered
204	online or in person.
205	2.  Use hurricane mitigation inspectors who also:
206	a.  Have undergone drug testing and a level 2 background
207	screening checks pursuant to s. 435.04. The department may
208	conduct criminal history records record checks of inspectors
209	used by wind certification entities. Inspectors must submit a
210	set of the fingerprints to the department for state and national
211	criminal history records checks and must pay the fingerprint
212	processing fee set forth in s. 624.501. The fingerprints shall
213	be sent by the department to the Department of Law Enforcement
214	and forwarded to the Federal Bureau of Investigation for
215	processing. The results shall be returned to the department for
216	screening. The fingerprints shall be taken by a law enforcement
217	agency, designated examination center, or other department-
218	approved entity; and
219	b.  Have been certified, in a manner satisfactory to the
220	department, to conduct the inspections.
221	3.  Provide a quality assurance program including a
222	reinspection component.
223	Section 3.  Subsection (5) is added to section 393.0655,
224	Florida Statutes, to read:
225	393.0655  Screening of direct service providers.-
226	(5)  DISQUALIFYING OFFENSES.-The background screening
227	conducted under this section must ensure that, in addition to
228	the disqualifying offenses listed in s. 435.04, no person
229	subject to the provisions of this section has an arrest awaiting
230	final disposition for, has been found guilty of, regardless of
231	adjudication, has entered a plea of nolo contendere or guilty
232	to, or has been adjudicated delinquent and the record has not
233	been sealed or expunged for, any offense prohibited under any of
234	the following provisions of the Florida Statutes or under any
235	similar statute of another jurisdiction:
236	(a)  Any authorizing statutes, if the offense was a felony.
237	(b)  This chapter, if the offense was a felony.
238	(c)  Section 409.920, relating to Medicaid provider fraud.
239	(d)  Section 409.9201, relating to Medicaid fraud.
240	(e)  Section 817.034, relating to fraudulent acts through
241	mail, wire, radio, electromagnetic, photoelectronic, or
242	photooptical systems.
243	(f)  Section 817.234, relating to false and fraudulent
244	insurance claims.
245	(g)  Section 817.505, relating to patient brokering.
246	(h)  Section 817.568, relating to criminal use of personal
247	identification information.
248	(i)  Section 817.60, relating to obtaining a credit card
249	through fraudulent means.
250	(j)  Section 817.61, relating to fraudulent use of credit
251	cards, if the offense was a felony.
252	(k)  Section 831.01, relating to forgery.
253	(l)  Section 831.02, relating to uttering forged
254	instruments.
255	(m)  Section 831.07, relating to forging bank bills,
256	checks, drafts, or promissory notes.
257	(n)  Section 831.09, relating to uttering forged bank
258	bills, checks, drafts, or promissory notes.
259	Section 4.  Section 394.4572, Florida Statutes, is amended
260	to read:
261	394.4572  Screening of mental health personnel.-
262	(1)(a)  The department and the Agency for Health Care
263	Administration shall require level 2 background employment
264	screening pursuant to chapter 435 for mental health personnel
265	using the standards for level 2 screening set forth in chapter
266	435. "Mental health personnel" includes all program directors,
267	professional clinicians, staff members, and volunteers working
268	in public or private mental health programs and facilities who
269	have direct contact with individuals held for examination or
270	admitted for mental health treatment unmarried patients under
271	the age of 18 years. For purposes of this chapter, employment
272	screening of mental health personnel shall also include, but is
273	not limited to, employment screening as provided under chapter
274	435 and s. 408.809.
275	(b)  Students in the health care professions who are
276	interning in a mental health facility licensed under chapter
277	395, where the primary purpose of the facility is not the
278	treatment of minors, are exempt from the fingerprinting and
279	screening requirements, if provided they are under direct
280	supervision in the actual physical presence of a licensed health
281	care professional.
282	(c)  Mental health personnel working in a facility licensed
283	under chapter 395 who have less than 15 hours per week of direct
284	contact with patients or who are health care professionals
285	licensed by the Agency for Health Care Administration or a board
286	thereunder are exempt from the fingerprinting and screening
287	requirements, except for persons working in mental health
288	facilities where the primary purpose of the facility is the
289	treatment of minors.
290	(d)  A volunteer who assists on an intermittent basis for
291	less than 40 hours per month is exempt from the fingerprinting
292	and screening requirements, provided the volunteer is under
293	direct and constant supervision by persons who meet the
294	screening requirements of paragraph (a).
295	(2)  The department or the Agency for Health Care
296	Administration may grant exemptions from disqualification as
297	provided in chapter 435 s. 435.06.
298	(3)  Prospective mental health personnel who have
299	previously been fingerprinted or screened pursuant to this
300	chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
301	or teachers who have been fingerprinted pursuant to chapter
302	1012, who have not been unemployed for more than 90 days
303	thereafter, and who under the penalty of perjury attest to the
304	completion of such fingerprinting or screening and to compliance
305	with the provisions of this section and the standards for level
306	1 screening contained in chapter 435, shall not be required to
307	be refingerprinted or rescreened in order to comply with any
308	screening requirements of this part.
309	Section 5.  Section 400.215, Florida Statutes, is amended
310	to read:
311	400.215  Personnel screening requirement.-
312	(1)  The agency shall require level 2 background screening
313	for personnel as required in s. 408.809(1)(e) pursuant to as
314	provided in chapter 435 and s. 408.809. for all employees or
315	prospective employees of facilities licensed under this part who
316	are expected to, or whose responsibilities may require them to:
317	(a)  Provide personal care or services to residents;
318	(b)  Have access to resident living areas; or
319	(c)  Have access to resident funds or other personal
320	property.
321	(2)  Employers and employees shall comply with the
322	requirements of s. 435.05.
323	(a)  Notwithstanding the provisions of s. 435.05(1),
324	facilities must have in their possession evidence that level 1
325	screening has been completed before allowing an employee to
326	begin working with patients as provided in subsection (1). All
327	information necessary for conducting background screening using
328	level 1 standards as specified in s. 435.03 shall be submitted
329	by the nursing facility to the agency. Results of the background
330	screening shall be provided by the agency to the requesting
331	nursing facility.
332	(b)  Employees qualified under the provisions of paragraph
333	(a) who have not maintained continuous residency within the
334	state for the 5 years immediately preceding the date of request
335	for background screening must complete level 2 screening, as
336	provided in chapter 435. Such employees may work in a
337	conditional status up to 180 days pending the receipt of written
338	findings evidencing the completion of level 2 screening. Level 2
339	screening shall not be required of employees or prospective
340	employees who attest in writing under penalty of perjury that
341	they meet the residency requirement. Completion of level 2
342	screening shall require the employee or prospective employee to
343	furnish to the nursing facility a full set of fingerprints to
344	enable a criminal background investigation to be conducted. The
345	nursing facility shall submit the completed fingerprint card to
346	the agency. The agency shall establish a record of the request
347	in the database provided for in paragraph (c) and forward the
348	request to the Department of Law Enforcement, which is
349	authorized to submit the fingerprints to the Federal Bureau of
350	Investigation for a national criminal history records check. The
351	results of the national criminal history records check shall be
352	returned to the agency, which shall maintain the results in the
353	database provided for in paragraph (c). The agency shall notify
354	the administrator of the requesting nursing facility or the
355	administrator of any other facility licensed under chapter 393,
356	chapter 394, chapter 395, chapter 397, chapter 429, or this
357	chapter, as requested by such facility, as to whether or not the
358	employee has qualified under level 1 or level 2 screening. An
359	employee or prospective employee who has qualified under level 2
360	screening and has maintained such continuous residency within
361	the state shall not be required to complete a subsequent level 2
362	screening as a condition of employment at another facility.
363	(c)  The agency shall establish and maintain a database of
364	background screening information which shall include the results
365	of both level 1 and level 2 screening. The Department of Law
366	Enforcement shall timely provide to the agency, electronically,
367	the results of each statewide screening for incorporation into
368	the database. The agency shall, upon request from any facility,
369	agency, or program required by or authorized by law to screen
370	its employees or applicants, notify the administrator of the
371	facility, agency, or program of the qualifying or disqualifying
372	status of the employee or applicant named in the request.
373	(d)  Applicants and employees shall be excluded from
374	employment pursuant to s. 435.06.
375	(3)  The applicant is responsible for paying the fees
376	associated with obtaining the required screening. Payment for
377	the screening shall be submitted to the agency. The agency shall
378	establish a schedule of fees to cover the costs of level 1 and
379	level 2 screening. Facilities may reimburse employees for these
380	costs. The Department of Law Enforcement shall charge the agency
381	for a level 1 or level 2 screening a rate sufficient to cover
382	the costs of such screening pursuant to s. 943.053(3). The
383	agency shall, as allowable, reimburse nursing facilities for the
384	cost of conducting background screening as required by this
385	section. This reimbursement will not be subject to any rate
386	ceilings or payment targets in the Medicaid Reimbursement plan.
387	(4)(a)  As provided in s. 435.07, the agency may grant an
388	exemption from disqualification to an employee or prospective
389	employee who is subject to this section and who has not received
390	a professional license or certification from the Department of
391	Health.
392	(b)  As provided in s. 435.07, the appropriate regulatory
393	board within the Department of Health, or that department itself
394	when there is no board, may grant an exemption from
395	disqualification to an employee or prospective employee who is
396	subject to this section and who has received a professional
397	license or certification from the Department of Health or a
398	regulatory board within that department.
399	(5)  Any provision of law to the contrary notwithstanding,
400	persons who have been screened and qualified as required by this
401	section and who have not been unemployed for more than 180 days
402	thereafter, and who under penalty of perjury attest to not
403	having been convicted of a disqualifying offense since the
404	completion of such screening, shall not be required to be
405	rescreened. An employer may obtain, pursuant to s. 435.10,
406	written verification of qualifying screening results from the
407	previous employer or other entity which caused such screening to
408	be performed.
409	(6)  The agency and the Department of Health shall have
410	authority to adopt rules pursuant to the Administrative
411	Procedure Act to implement this section.
412	(7)  All employees shall comply with the requirements of
413	this section by October 1, 1998. No current employee of a
414	nursing facility as of the effective date of this act shall be
415	required to submit to rescreening if the nursing facility has in
416	its possession written evidence that the person has been
417	screened and qualified according to level 1 standards as
418	specified in s. 435.03(1). Any current employee who meets the
419	level 1 requirement but does not meet the 5-year residency
420	requirement as specified in this section must provide to the
421	employing nursing facility written attestation under penalty of
422	perjury that the employee has not been convicted of a
423	disqualifying offense in another state or jurisdiction. All
424	applicants hired on or after October 1, 1998, shall comply with
425	the requirements of this section.
426	(8)  There is no monetary or unemployment liability on the
427	part of, and no cause of action for damages arising against an
428	employer that, upon notice of a disqualifying offense listed
429	under chapter 435 or an act of domestic violence, terminates the
430	employee against whom the report was issued, whether or not the
431	employee has filed for an exemption with the Department of
432	Health or the Agency for Health Care Administration.
433	Section 6.  Subsection (9) of section 400.506, Florida
434	Statutes, is amended to read:
435	400.506  Licensure of nurse registries; requirements;
436	penalties.-
437	(9)  Each nurse registry must comply with the background
438	screening requirements procedures set forth in s. 400.512 for
439	maintaining records of the work history of all persons referred
440	for contract and is subject to the standards and conditions set
441	forth in that section. However, an initial screening may not be
442	required for persons who have been continuously registered with
443	the nurse registry since October 1, 2000.
444	Section 7.  Section 400.512, Florida Statutes, is amended
445	to read:
446	400.512  Screening of home health agency personnel; nurse
447	registry personnel; and companions and homemakers.-The agency
448	shall require level 2 background screening for personnel as
449	required in s. 408.809(1)(e) pursuant to chapter 435 and s.
450	408.809 employment or contractor screening as provided in
451	chapter 435, using the level 1 standards for screening set forth
452	in that chapter, for home health agency personnel; persons
453	referred for employment by nurse registries; and persons
454	employed by companion or homemaker services registered under s.
455	400.509.
456	(1)(a)  The Agency for Health Care Administration may, upon
457	request, grant exemptions from disqualification from employment
458	or contracting under this section as provided in s. 435.07,
459	except for health care practitioners licensed by the Department
460	of Health or a regulatory board within that department.
461	(b)  The appropriate regulatory board within the Department
462	of Health, or that department itself when there is no board,
463	may, upon request of the licensed health care practitioner,
464	grant exemptions from disqualification from employment or
465	contracting under this section as provided in s. 435.07.
466	(2)  The administrator of each home health agency, the
467	managing employee of each nurse registry, and the managing
468	employee of each companion or homemaker service registered under
469	s. 400.509 must sign an affidavit annually, under penalty of
470	perjury, stating that all personnel hired or contracted with or
471	registered on or after October 1, 2000, who enter the home of a
472	patient or client in their service capacity have been screened.
473	(3)  As a prerequisite to operating as a home health
474	agency, nurse registry, or companion or homemaker service under
475	s. 400.509, the administrator or managing employee,
476	respectively, must submit to the agency his or her name and any
477	other information necessary to conduct a complete screening
478	according to this section. The agency shall submit the
479	information to the Department of Law Enforcement for state
480	processing. The agency shall review the record of the
481	administrator or manager with respect to the offenses specified
482	in this section and shall notify the owner of its findings. If
483	disposition information is missing on a criminal record, the
484	administrator or manager, upon request of the agency, must
485	obtain and supply within 30 days the missing disposition
486	information to the agency. Failure to supply missing information
487	within 30 days or to show reasonable efforts to obtain such
488	information will result in automatic disqualification.
489	(4)  Proof of compliance with the screening requirements of
490	chapter 435 shall be accepted in lieu of the requirements of
491	this section if the person has been continuously employed or
492	registered without a breach in service that exceeds 180 days,
493	the proof of compliance is not more than 2 years old, and the
494	person has been screened by the Department of Law Enforcement. A
495	home health agency, nurse registry, or companion or homemaker
496	service registered under s. 400.509 shall directly provide proof
497	of compliance to another home health agency, nurse registry, or
498	companion or homemaker service registered under s. 400.509. The
499	recipient home health agency, nurse registry, or companion or
500	homemaker service registered under s. 400.509 may not accept any
501	proof of compliance directly from the person who requires
502	screening. Proof of compliance with the screening requirements
503	of this section shall be provided upon request to the person
504	screened by the home health agencies; nurse registries; or
505	companion or homemaker services registered under s. 400.509.
506	(5)  There is no monetary liability on the part of, and no
507	cause of action for damages arises against, a licensed home
508	health agency, licensed nurse registry, or companion or
509	homemaker service registered under s. 400.509, that, upon notice
510	that the employee or contractor has been found guilty of,
511	regardless of adjudication, or entered a plea of nolo contendere
512	or guilty to, any offense prohibited under s. 435.03 or under
513	any similar statute of another jurisdiction, terminates the
514	employee or contractor, whether or not the employee or
515	contractor has filed for an exemption with the agency in
516	accordance with chapter 435 and whether or not the time for
517	filing has expired.
518	(6)  The costs of processing the statewide correspondence
519	criminal records checks must be borne by the home health agency;
520	the nurse registry; or the companion or homemaker service
521	registered under s. 400.509, or by the person being screened, at
522	the discretion of the home health agency, nurse registry, or s.
523	400.509 registrant.
524	Section 8.  Section 400.6065, Florida Statutes, is amended
525	to read:
526	400.6065  Background screening.-The agency shall require
527	level 2 background employment or contractor screening for
528	personnel as required in s. 408.809(1)(e) pursuant to chapter
529	435 and s. 408.809 as provided in chapter 435, using the level 1
530	standards for screening set forth in that chapter, for hospice
531	personnel.
532	Section 9.  Subsection (2) of section 400.801, Florida
533	Statutes, is amended to read:
534	400.801  Homes for special services.-
535	(2)(a)  The requirements of part II of chapter 408 apply to
536	the provision of services that require licensure pursuant to
537	this section and part II of chapter 408 and entities licensed by
538	or applying for such licensure from the agency pursuant to this
539	section. A license issued by the agency is required in order to
540	operate a home for special services in this state.
541	(b)  The agency shall require level 2 background screening
542	for personnel as required in s. 408.809(1)(e) pursuant to
543	chapter 435 and s. 408.809.
544	Section 10.  Paragraph (d) is added to subsection (2) of
545	section 400.805, Florida Statutes, to read:
546	400.805  Transitional living facilities.-
547	(2)
548	(d)  The agency shall require level 2 background screening
549	for personnel as required in s. 408.809(1)(e) pursuant to
550	chapter 435 and s. 408.809.
551	Section 11.  Section 400.9065, Florida Statutes, is created
552	to read:
553	400.9065  Background screening.-The agency shall require
554	level 2 background screening for personnel as required in s.
555	408.809(1)(e) pursuant to chapter 435 and s. 408.809.
556	Section 12.  Subsection (16) of section 400.934, Florida
557	Statutes, is amended to read:
558	400.934  Minimum standards.-As a requirement of licensure,
559	home medical equipment providers shall:
560	(16)  Establish procedures for maintaining a record of the
561	employment history, including background screening as required
562	by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
563	medical equipment provider personnel. A home medical equipment
564	provider must require its personnel to submit an employment
565	history to the home medical equipment provider and must verify
566	the employment history for at least the previous 5 years, unless
567	through diligent efforts such verification is not possible.
568	There is no monetary liability on the part of, and no cause of
569	action for damages arising against a former employer, a
570	prospective employee, or a prospective independent contractor
571	with a licensed home medical equipment provider, who reasonably
572	and in good faith communicates his or her honest opinions about
573	a former employee's job performance. This subsection does not
574	affect the official immunity of an officer or employee of a
575	public corporation.
576	Section 13.  Section 400.953, Florida Statutes, is amended
577	to read:
578	400.953  Background screening of home medical equipment
579	provider personnel.-The agency shall require level 2 background
580	screening for personnel as required in s. 408.809(1)(e) pursuant
581	to chapter 435 and s. 408.809 employment screening as provided
582	in chapter 435, using the level 1 standards for screening set
583	forth in that chapter, for home medical equipment provider
584	personnel.
585	(1)  The agency may grant exemptions from disqualification
586	from employment under this section as provided in s. 435.07.
587	(2)  The general manager of each home medical equipment
588	provider must sign an affidavit annually, under penalty of
589	perjury, stating that all home medical equipment provider
590	personnel hired on or after July 1, 1999, who enter the home of
591	a patient in the capacity of their employment have been screened
592	and that its remaining personnel have worked for the home
593	medical equipment provider continuously since before July 1,
594	1999.
595	(3)  Proof of compliance with the screening requirements of
596	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
597	s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
598	must be accepted in lieu of the requirements of this section if
599	the person has been continuously employed in the same type of
600	occupation for which he or she is seeking employment without a
601	breach in service that exceeds 180 days, the proof of compliance
602	is not more than 2 years old, and the person has been screened
603	by the Department of Law Enforcement. An employer or contractor
604	shall directly provide proof of compliance to another employer
605	or contractor, and a potential employer or contractor may not
606	accept any proof of compliance directly from the person
607	requiring screening. Proof of compliance with the screening
608	requirements of this section shall be provided, upon request, to
609	the person screened by the home medical equipment provider.
610	(4)  There is no monetary liability on the part of, and no
611	cause of action for damages arising against, a licensed home
612	medical equipment provider that, upon notice that an employee
613	has been found guilty of, regardless of adjudication, or entered
614	a plea of nolo contendere or guilty to, any offense prohibited
615	under s. 435.03 or under any similar statute of another
616	jurisdiction, terminates the employee, whether or not the
617	employee has filed for an exemption with the agency and whether
618	or not the time for filing has expired.
619	(5)  The costs of processing the statewide correspondence
620	criminal records checks must be borne by the home medical
621	equipment provider or by the person being screened, at the
622	discretion of the home medical equipment provider.
623	(6)  Neither the agency nor the home medical equipment
624	provider may use the criminal records or juvenile records of a
625	person for any purpose other than determining whether that
626	person meets minimum standards of good moral character for home
627	medical equipment provider personnel.
628	(7)(a)  It is a misdemeanor of the first degree, punishable
629	as provided in s. 775.082 or s. 775.083, for any person
630	willfully, knowingly, or intentionally to:
631	1.  Fail, by false statement, misrepresentation,
632	impersonation, or other fraudulent means, to disclose in any
633	application for paid employment a material fact used in making a
634	determination as to the person's qualifications to be an
635	employee under this section;
636	2.  Operate or attempt to operate an entity licensed under
637	this part with persons who do not meet the minimum standards for
638	good moral character as contained in this section; or
639	3.  Use information from the criminal records obtained
640	under this section for any purpose other than screening that
641	person for employment as specified in this section, or release
642	such information to any other person for any purpose other than
643	screening for employment under this section.
644	(b)  It is a felony of the third degree, punishable as
645	provided in s. 775.082, s. 775.083, or s. 775.084, for any
646	person willfully, knowingly, or intentionally to use information
647	from the juvenile records of a person obtained under this
648	section for any purpose other than screening for employment
649	under this section.
650	Section 14.  Section 400.955, Florida Statutes, is
651	repealed.
652	Section 15.  Section 400.964, Florida Statutes, is amended
653	to read:
654	400.964  Personnel screening requirement.-
655	(1)  The agency shall require level 2 background screening
656	for personnel as required in s. 408.809(1)(e) pursuant to
657	chapter 435 and s. 408.809 as provided in chapter 435 for all
658	employees or prospective employees of facilities licensed under
659	this part who are expected to be, or whose responsibilities are
660	such that they would be considered to be, a direct service
661	provider.
662	(2)  Employers and employees shall comply with the
663	requirements of chapter 435.
664	(3)  Applicants and employees shall be excluded from
665	employment pursuant to s. 435.06.
666	(4)  The applicant is responsible for paying the fees
667	associated with obtaining the required screening. Payment for
668	the screening must be submitted to the agency as prescribed by
669	the agency.
670	(5)  Notwithstanding any other provision of law, persons
671	who have been screened and qualified as required by this section
672	and who have not been unemployed for more than 180 days
673	thereafter, and who under penalty of perjury attest to not
674	having been convicted of a disqualifying offense since the
675	completion of such screening are not required to be rescreened.
676	An employer may obtain, pursuant to s. 435.10, written
677	verification of qualifying screening results from the previous
678	employer or other entity that caused such screening to be
679	performed.
680	(6)  The agency may adopt rules to administer this section.
681	(7)  All employees must comply with the requirements of
682	this section by October 1, 2000. A person employed by a facility
683	licensed pursuant to this part as of the effective date of this
684	act is not required to submit to rescreening if the facility has
685	in its possession written evidence that the person has been
686	screened and qualified according to level 1 standards as
687	specified in s. 435.03. Any current employee who meets the level
688	1 requirement but does not meet the 5-year residency requirement
689	must provide to the employing facility written attestation under
690	penalty of perjury that the employee has not been convicted of a
691	disqualifying offense in another state or jurisdiction. All
692	applicants hired on or after October 1, 1999, must comply with
693	the requirements of this section.
694	(8)  There is no monetary or unemployment liability on the
695	part of, and no cause of action for damages arises against an
696	employer that, upon notice of a disqualifying offense listed
697	under chapter 435 or an act of domestic violence, terminates the
698	employee, whether or not the employee has filed for an exemption
699	with the Department of Health or the Agency for Health Care
700	Administration.
701	Section 16.  Subsection (3) of section 400.980, Florida
702	Statutes, is amended to read:
703	400.980  Health care services pools.-
704	(3)  Upon receipt of a completed, signed, and dated
705	application, The agency shall require level 2 background
706	screening for personnel as required in s. 408.809(1)(e) pursuant
707	to chapter 435 and s. 408.809, in accordance with the level 1
708	standards for screening set forth in chapter 435, of every
709	individual who will have contact with patients.
710	Section 17.  Subsection (5) of section 400.991, Florida
711	Statutes, is amended to read:
712	400.991  License requirements; background screenings;
713	prohibitions.-
714	(5)  Each applicant for licensure shall comply with the
715	following requirements:
716	(a)  As used in this subsection, the term "applicant" means
717	individuals owning or controlling, directly or indirectly, 5
718	percent or more of an interest in a clinic; the medical or
719	clinic director, or a similarly titled person who is responsible
720	for the day-to-day operation of the licensed clinic; the
721	financial officer or similarly titled individual who is
722	responsible for the financial operation of the clinic; and
723	licensed health care practitioners at the clinic.
724	(b)  Upon receipt of a completed, signed, and dated
725	application, The agency shall require level 2 background
726	screening for applicants and personnel as required in s.
727	408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
728	applicant, in accordance with the level 2 standards for
729	screening set forth in chapter 435. Proof of compliance with the
730	level 2 background screening requirements of chapter 435 which
731	has been submitted within the previous 5 years in compliance
732	with any other health care licensure requirements of this state
733	is acceptable in fulfillment of this paragraph. Applicants who
734	own less than 10 percent of a health care clinic are not
735	required to submit fingerprints under this section.
736	(c)  Each applicant must submit to the agency, with the
737	application, a description and explanation of any exclusions,
738	permanent suspensions, or terminations of an applicant from the
739	Medicare or Medicaid programs. Proof of compliance with the
740	requirements for disclosure of ownership and control interest
741	under the Medicaid or Medicare programs may be accepted in lieu
742	of this submission. The description and explanation may indicate
743	whether such exclusions, suspensions, or terminations were
744	voluntary or not voluntary on the part of the applicant.
745	(d)  A license may not be granted to a clinic if the
746	applicant has been found guilty of, regardless of adjudication,
747	or has entered a plea of nolo contendere or guilty to, any
748	offense prohibited under the level 2 standards for screening set
749	forth in chapter 435, or a violation of insurance fraud under s.
750	817.234, within the past 5 years. If the applicant has been
751	convicted of an offense prohibited under the level 2 standards
752	or insurance fraud in any jurisdiction, the applicant must show
753	that his or her civil rights have been restored prior to
754	submitting an application.
755	Section 18.  Paragraph (h) is added to subsection (1) of
756	section 408.806, Florida Statutes, to read:
757	408.806  License application process.-
758	(1)  An application for licensure must be made to the
759	agency on forms furnished by the agency, submitted under oath,
760	and accompanied by the appropriate fee in order to be accepted
761	and considered timely. The application must contain information
762	required by authorizing statutes and applicable rules and must
763	include:
764	(h)  An affidavit, under penalty of perjury, as required in
765	s. 435.05(3), stating compliance with the provisions of this
766	section and chapter 435.
767	Section 19.  Subsection (2) of section 408.808, Florida
768	Statutes, is amended to read:
769	408.808  License categories.-
770	(2)  PROVISIONAL LICENSE.-A provisional license may be
771	issued to an applicant pursuant to s. 408.809(3). An applicant
772	against whom a proceeding denying or revoking a license is
773	pending at the time of license renewal may be issued a
774	provisional license effective until final action not subject to
775	further appeal. A provisional license may also be issued to an
776	applicant applying for a change of ownership. A provisional
777	license shall be limited in duration to a specific period of
778	time, not to exceed 12 months, as determined by the agency.
779	Section 20.  Section 408.809, Florida Statutes, is amended
780	to read:
781	408.809  Background screening; prohibited offenses.-
782	(1)  Level 2 background screening pursuant to chapter 435
783	must be conducted through the agency on each of the following
784	persons, who shall be considered an employee for the purposes of
785	conducting screening under chapter 435:
786	(a)  The licensee, if an individual.
787	(b)  The administrator or a similarly titled person who is
788	responsible for the day-to-day operation of the provider.
789	(c)  The financial officer or similarly titled individual
790	who is responsible for the financial operation of the licensee
791	or provider.
792	(d)  Any person who is a controlling interest if the agency
793	has reason to believe that such person has been convicted of any
794	offense prohibited by s. 435.04. For each controlling interest
795	who has been convicted of any such offense, the licensee shall
796	submit to the agency a description and explanation of the
797	conviction at the time of license application.
798	(e)  Any person, as required by authorizing statutes,
799	seeking employment with a licensee or provider who is expected
800	to, or whose responsibilities may require him or her to, provide
801	personal care or services directly to clients or have access to
802	client funds, personal property, or living areas; and any
803	person, as required by authorizing statutes, contracting with a
804	licensee or provider whose responsibilities require him or her
805	to provide personal care or personal services directly to
806	clients. Evidence of contractor screening may be retained by the
807	contractor's employer or the licensee.
808	(2)  Every 5 years following his or her licensure,
809	employment, or entry into a contract in a capacity that under
810	subsection (1) would require level 2 background screening under
811	chapter 435, each such person must submit to level 2 background
812	rescreening as a condition of retaining such license or
813	continuing in such employment or contractual status. For any
814	such rescreening, the agency shall request the Department of Law
815	Enforcement to forward the person's fingerprints to the Federal
816	Bureau of Investigation for a national criminal history records
817	check. If the fingerprints of such a person are not retained by
818	the Department of Law Enforcement under s. 943.05(2)(g), the
819	person must file a complete set of fingerprints with the agency
820	and the agency shall forward the fingerprints to the Department
821	of Law Enforcement for state processing and the Department of
822	Law Enforcement shall forward the fingerprints to the Federal
823	Bureau of Investigation for national processing. The
824	fingerprints may be retained by the Department of Law
825	Enforcement under s. 943.05(2)(g). The cost of the state and
826	national criminal history records checks required by level 2
827	screening may be borne by the licensee or the person
828	fingerprinted. Proof of compliance with level 2 screening
829	standards submitted within the previous 5 years to meet any
830	provider or professional licensure requirements of the agency,
831	the Department of Health, the Agency for Persons with
832	Disabilities, or the Department of Children and Family Services,
833	or the Department of Financial Services for an applicant for a
834	certificate of authority or provisional certificate of authority
835	to operate a continuing care retirement community under chapter
836	651 satisfies the requirements of this section, provided the
837	person subject to screening has not been unemployed for more
838	than 90 consecutive days and that such proof is accompanied,
839	under penalty of perjury, by an affidavit of compliance with the
840	provisions of chapter 435 and this section using forms provided
841	by the agency. Proof of compliance with the background screening
842	requirements of the Department of Financial Services submitted
843	within the previous 5 years for an applicant for a certificate
844	of authority to operate a continuing care retirement community
845	under chapter 651 satisfies the Department of Law Enforcement
846	and Federal Bureau of Investigation portions of a level 2
847	background check.
848	(3)  All fingerprints must be provided in electronic
849	format. Screening results shall be reviewed by the agency with
850	respect to the offenses specified in s. 435.04 and this section
851	and the qualifying or disqualifying status of the person named
852	in the request shall be maintained in a database. The qualifying
853	or disqualifying status of the person named in the request shall
854	be posted on a secure website for retrieval by the licensee or a
855	designated agent on the licensee's behalf. A provisional license
856	may be granted to an applicant when each individual required by
857	this section to undergo background screening has met the
858	standards for the Department of Law Enforcement background check
859	but the agency has not yet received background screening results
860	from the Federal Bureau of Investigation. A standard license may
861	be granted to the licensee upon the agency's receipt of a report
862	of the results of the Federal Bureau of Investigation background
863	screening for each individual required by this section to
864	undergo background screening that confirms that all standards
865	have been met or upon the granting of an exemption from
866	disqualification by the agency as set forth in chapter 435.
867	(4)  When a person is newly employed in a capacity that
868	requires screening under this section, the licensee must notify
869	the agency of the change within the time period specified in the
870	authorizing statute or rules and must submit to the agency
871	information necessary to conduct level 2 screening or provide
872	evidence of compliance with background screening requirements of
873	this section. The person may serve in his or her capacity
874	pending the agency's receipt of the report from the Federal
875	Bureau of Investigation if he or she has met the standards for
876	the Department of Law Enforcement background check. However, the
877	person may not continue to serve in his or her capacity if the
878	report indicates any violation of background screening standards
879	unless an exemption from disqualification has been granted by
880	the agency as set forth in chapter 435.
881	(4)(5)  Effective October 1, 2009, In addition to the
882	offenses listed in s. ss. 435.03 and 435.04, all persons
883	required to undergo background screening pursuant to this part
884	or authorizing statutes must not have an arrest awaiting final
885	disposition for, been found guilty of, regardless of
886	adjudication, or entered a plea of nolo contendere or guilty to,
887	or have been adjudicated delinquent and the record has not been
888	sealed or expunged for, any of the following offenses or any
889	similar offense of another jurisdiction:
890	(a)  Any authorizing statutes, if the offense was a felony.
891	(b)  This chapter, if the offense was a felony.
892	(c)  Section 409.920, relating to Medicaid provider fraud,
893	if the offense was a felony.
894	(d)  Section 409.9201, relating to Medicaid fraud, if the
895	offense was a felony.
896	(e)  Section 741.28, relating to domestic violence.
897	(f)  Chapter 784, relating to assault, battery, and
898	culpable negligence, if the offense was a felony.
899	(g)  Section 810.02, relating to burglary.
900	(f)(h)  Section 817.034, relating to fraudulent acts
901	through mail, wire, radio, electromagnetic, photoelectronic, or
902	photooptical systems.
903	(g)(i)  Section 817.234, relating to false and fraudulent
904	insurance claims.
905	(h)(j)  Section 817.505, relating to patient brokering.
906	(i)(k)  Section 817.568, relating to criminal use of
907	personal identification information.
908	(j)(l)  Section 817.60, relating to obtaining a credit card
909	through fraudulent means.
910	(k)(m)  Section 817.61, relating to fraudulent use of
911	credit cards, if the offense was a felony.
912	(l)(n)  Section 831.01, relating to forgery.
913	(m)(o)  Section 831.02, relating to uttering forged
914	instruments.
915	(n)(p)  Section 831.07, relating to forging bank bills,
916	checks, drafts, or promissory notes.
917	(o)(q)  Section 831.09, relating to uttering forged bank
918	bills, checks, drafts, or promissory notes.
919	(p)(r)  Section 831.30, relating to fraud in obtaining
920	medicinal drugs.
921	(q)(s)  Section 831.31, relating to the sale, manufacture,
922	delivery, or possession with the intent to sell, manufacture, or
923	deliver any counterfeit controlled substance, if the offense was
924	a felony.
925
926	A person who serves as a controlling interest of, or is employed
927	by, or contracts with a licensee on June 30, 2010 September 30,
928	2009, who has been screened and qualified according to standards
929	specified in s. 435.03 or s. 435.04 must be rescreened by June
930	30, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
931	and 120.54 to establish a schedule to stagger the implementation
932	of the required rescreening over the 5-year period starting June
933	30, 2010, through June 30, 2015 is not required by law to submit
934	to rescreening if that licensee has in its possession written
935	evidence that the person has been screened and qualified
936	according to the standards specified in s. 435.03 or s. 435.04.
937	However, if such person has a disqualifying offense listed in
938	this section, he or she may apply for an exemption from the
939	appropriate licensing agency before September 30, 2009, and if
940	agreed to by the employer, may continue to perform his or her
941	duties until the licensing agency renders a decision on the
942	application for exemption for offenses listed in this section.
943	Exemptions from disqualification may be granted pursuant to s.
944	435.07.
945	(5)(6)  The costs associated with obtaining the required
946	screening must be borne either by the licensee or the person
947	subject to screening. Licensees may reimburse persons for these
948	costs. The Department of Law Enforcement shall charge the agency
949	for screening pursuant to s. 943.053(3). The agency shall
950	establish a schedule of fees to cover the costs of screening The
951	attestations required under ss. 435.04(5) and 435.05(3) must be
952	submitted at the time of license renewal, notwithstanding the
953	provisions of ss. 435.04(5) and 435.05(3) which require annual
954	submission of an affidavit of compliance with background
955	screening requirements.
956	(6)(a)  As provided in chapter 435, the agency may grant an
957	exemption from disqualification to a person who is subject to
958	this section and who:
959	1.  Has not received a professional license or
960	certification from the Department of Health; or
961	2.  Has received a professional license or certification
962	from the Department of Health but is not providing a service
963	within the scope of that license or certification.
964	(b)  As provided in chapter 435, the appropriate regulatory
965	board within the Department of Health, or the department itself
966	when there is no board, may grant an exemption from
967	disqualification to a person who is subject to this section and
968	who has received a professional license or certification from
969	the Department of Health or a regulatory board within that
970	department and that person is providing a service within the
971	scope of his or her licensed or certified practice.
972	(7)  The agency and the Department of Health may adopt
973	rules pursuant to ss. 120.536(1) and 120.54 to implement this
974	section, chapter 435, and authorizing statutes requiring
975	background screening and to implement and adopt criteria
976	relating to retaining fingerprints pursuant to s. 943.05(2).
977	(8)  There is no unemployment compensation or other
978	monetary liability on the part of, and no cause of action for
979	damages arising against, an employer that, upon notice of a
980	disqualifying offense listed under chapter 435 or this section,
981	terminates the person against whom the report was issued,
982	whether or not that person has filed for an exemption with the
983	Department of Health or the agency.
984	Section 21.  Paragraph (k) of subsection (2) of section
985	409.175, Florida Statutes, is amended to read:
986	409.175  Licensure of family foster homes, residential
987	child-caring agencies, and child-placing agencies; public
988	records exemption.-
989	(2)  As used in this section, the term:
990	(k)  "Screening" means the act of assessing the background
991	of personnel and includes, but is not limited to, employment
992	history checks as provided in chapter 435, using the level 2
993	standards for screening set forth in that chapter. Screening for
994	employees and volunteers in summer day camps and summer 24-hour
995	camps and screening for all volunteers included under the
996	definition of "personnel" shall be conducted as provided in
997	chapter 435, using the level 2 level 1 standards set forth in
998	that chapter.
999	Section 22.  Section 409.1758, Florida Statutes, is
1000	repealed.
1001	Section 23.  Paragraph (i) of subsection (4) of section
1002	409.221, Florida Statutes, is amended to read:
1003	409.221  Consumer-directed care program.-
1004	(4)  CONSUMER-DIRECTED CARE.-
1005	(i)  Background screening requirements.-All persons who
1006	render care under this section must undergo level 2 background
1007	screening pursuant to chapter 435 shall comply with the
1008	requirements of s. 435.05. Persons shall be excluded from
1009	employment pursuant to s. 435.06.
1010	1.  Persons excluded from employment may request an
1011	exemption from disqualification, as provided in s. 435.07.
1012	Persons not subject to certification or professional licensure
1013	may request an exemption from the agency. In considering a
1014	request for an exemption, the agency shall comply with the
1015	provisions of s. 435.07.
1016	2.  The agency shall, as allowable, reimburse consumer-
1017	employed caregivers for the cost of conducting background
1018	screening as required by this section.
1019
1020	For purposes of this section, a person who has undergone
1021	screening, who is qualified for employment under this section
1022	and applicable rule, and who has not been unemployed for more
1023	than 90 180 days following such screening is not required to be
1024	rescreened. Such person must attest under penalty of perjury to
1025	not having been convicted of a disqualifying offense since
1026	completing such screening.
1027	Section 24.  Subsection (8) of section 409.907, Florida
1028	Statutes, is amended to read:
1029	409.907  Medicaid provider agreements.-The agency may make
1030	payments for medical assistance and related services rendered to
1031	Medicaid recipients only to an individual or entity who has a
1032	provider agreement in effect with the agency, who is performing
1033	services or supplying goods in accordance with federal, state,
1034	and local law, and who agrees that no person shall, on the
1035	grounds of handicap, race, color, or national origin, or for any
1036	other reason, be subjected to discrimination under any program
1037	or activity for which the provider receives payment from the
1038	agency.
1039	(8)(a)  Each provider, or each principal of the provider if
1040	the provider is a corporation, partnership, association, or
1041	other entity, seeking to participate in the Medicaid program
1042	must submit a complete set of his or her fingerprints to the
1043	agency for the purpose of conducting a criminal history records
1044	record check. Principals of the provider include any officer,
1045	director, billing agent, managing employee, or affiliated
1046	person, or any partner or shareholder who has an ownership
1047	interest equal to 5 percent or more in the provider. However, a
1048	director of a not-for-profit corporation or organization is not
1049	a principal for purposes of a background investigation as
1050	required by this section if the director: serves solely in a
1051	voluntary capacity for the corporation or organization, does not
1052	regularly take part in the day-to-day operational decisions of
1053	the corporation or organization, receives no remuneration from
1054	the not-for-profit corporation or organization for his or her
1055	service on the board of directors, has no financial interest in
1056	the not-for-profit corporation or organization, and has no
1057	family members with a financial interest in the not-for-profit
1058	corporation or organization; and if the director submits an
1059	affidavit, under penalty of perjury, to this effect to the
1060	agency and the not-for-profit corporation or organization
1061	submits an affidavit, under penalty of perjury, to this effect
1062	to the agency as part of the corporation's or organization's
1063	Medicaid provider agreement application. Notwithstanding the
1064	above, the agency may require a background check for any person
1065	reasonably suspected by the agency to have been convicted of a
1066	crime. This subsection shall not apply to:
1067	1.  A hospital licensed under chapter 395;
1068	2.  A nursing home licensed under chapter 400;
1069	3.  A hospice licensed under chapter 400;
1070	4.  An assisted living facility licensed under chapter 429;
1071	5.  A unit of local government, except that requirements of
1072	this subsection apply to nongovernmental providers and entities
1073	when contracting with the local government to provide Medicaid
1074	services. The actual cost of the state and national criminal
1075	history records record checks must be borne by the
1076	nongovernmental provider or entity; or
1077	6.  Any business that derives more than 50 percent of its
1078	revenue from the sale of goods to the final consumer, and the
1079	business or its controlling parent either is required to file a
1080	form 10-K or other similar statement with the Securities and
1081	Exchange Commission or has a net worth of $50 million or more.
1082	(b)  Background screening shall be conducted in accordance
1083	with chapter 435 and s. 408.809 The agency shall submit the
1084	fingerprints to the Department of Law Enforcement. The
1085	department shall conduct a state criminal-background
1086	investigation and forward the fingerprints to the Federal Bureau
1087	of Investigation for a national criminal-history record check.
1088	The cost of the state and national criminal history records
1089	record check shall be borne by the provider.
1090	(c)  The agency may permit a provider to participate in the
1091	Medicaid program pending the results of the criminal record
1092	check. However, such permission is fully revocable if the record
1093	check reveals any crime-related history as provided in
1094	subsection (10).
1095	(d)  Proof of compliance with the requirements of level 2
1096	screening under chapter 435 s. 435.04 conducted within 12 months
1097	prior to the date that the Medicaid provider application is
1098	submitted to the agency shall fulfill the requirements of this
1099	subsection. Proof of compliance with the requirements of level 1
1100	screening under s. 435.03 conducted within 12 months prior to
1101	the date that the Medicaid provider application is submitted to
1102	the agency shall meet the requirement that the Department of Law
1103	Enforcement conduct a state criminal history record check.
1104	Section 25.  Subsection (1) of section 429.14, Florida
1105	Statutes, is amended to read:
1106	429.14  Administrative penalties.-
1107	(1)  In addition to the requirements of part II of chapter
1108	408, the agency may deny, revoke, and suspend any license issued
1109	under this part and impose an administrative fine in the manner
1110	provided in chapter 120 against a licensee of an assisted living
1111	facility for a violation of any provision of this part, part II
1112	of chapter 408, or applicable rules, or for any of the following
1113	actions by a licensee of an assisted living facility, for the
1114	actions of any person subject to level 2 background screening
1115	under s. 408.809, or for the actions of any facility employee:
1116	(a)  An intentional or negligent act seriously affecting
1117	the health, safety, or welfare of a resident of the facility.
1118	(b)  The determination by the agency that the owner lacks
1119	the financial ability to provide continuing adequate care to
1120	residents.
1121	(c)  Misappropriation or conversion of the property of a
1122	resident of the facility.
1123	(d)  Failure to follow the criteria and procedures provided
1124	under part I of chapter 394 relating to the transportation,
1125	voluntary admission, and involuntary examination of a facility
1126	resident.
1127	(e)  A citation of any of the following deficiencies as
1128	specified in s. 429.19:
1129	1.  One or more cited class I deficiencies.
1130	2.  Three or more cited class II deficiencies.
1131	3.  Five or more cited class III deficiencies that have
1132	been cited on a single survey and have not been corrected within
1133	the times specified.
1134	(f)  Failure to comply with the A determination that a
1135	person subject to level 2 background screening under s. 408.809
1136	does not meet the screening standards of this part, s.
1137	408.809(1), chapter 435 s. 435.04 or that the facility is
1138	retaining an employee subject to level 1 background screening
1139	standards under s. 429.174 who does not meet the screening
1140	standards of s. 435.03 and for whom exemptions from
1141	disqualification have not been provided by the agency.
1142	(g)  A determination that an employee, volunteer,
1143	administrator, or owner, or person who otherwise has access to
1144	the residents of a facility does not meet the criteria specified
1145	in s. 435.03(2), and the owner or administrator has not taken
1146	action to remove the person. Exemptions from disqualification
1147	may be granted as set forth in s. 435.07. No administrative
1148	action may be taken against the facility if the person is
1149	granted an exemption.
1150	(h)  Violation of a moratorium.
1151	(h)(i)  Failure of the license applicant, the licensee
1152	during relicensure, or a licensee that holds a provisional
1153	license to meet the minimum license requirements of this part,
1154	or related rules, at the time of license application or renewal.
1155	(i)(j)  An intentional or negligent life-threatening act in
1156	violation of the uniform firesafety standards for assisted
1157	living facilities or other firesafety standards that threatens
1158	the health, safety, or welfare of a resident of a facility, as
1159	communicated to the agency by the local authority having
1160	jurisdiction or the State Fire Marshal.
1161	(j)(k)  Knowingly operating any unlicensed facility or
1162	providing without a license any service that must be licensed
1163	under this chapter or chapter 400.
1164	(k)(l)  Any act constituting a ground upon which
1165	application for a license may be denied.
1166	Section 26.  Section 429.174, Florida Statutes, is amended
1167	to read:
1168	429.174  Background screening; exemptions.-The agency shall
1169	require level 2 background screening for personnel as required
1170	in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1171	owner or administrator of an assisted living facility must
1172	conduct level 1 background screening, as set forth in chapter
1173	435, on all employees hired on or after October 1, 1998, who
1174	perform personal services as defined in s. 429.02(16). The
1175	agency may exempt an individual from employment disqualification
1176	as set forth in chapter 435. Such persons shall be considered as
1177	having met this requirement if:
1178	(1)  Proof of compliance with level 1 screening
1179	requirements obtained to meet any professional license
1180	requirements in this state is provided and accompanied, under
1181	penalty of perjury, by a copy of the person's current
1182	professional license and an affidavit of current compliance with
1183	the background screening requirements.
1184	(2)  The person required to be screened has been
1185	continuously employed in the same type of occupation for which
1186	the person is seeking employment without a breach in service
1187	which exceeds 180 days, and proof of compliance with the level 1
1188	screening requirement which is no more than 2 years old is
1189	provided. Proof of compliance shall be provided directly from
1190	one employer or contractor to another, and not from the person
1191	screened. Upon request, a copy of screening results shall be
1192	provided by the employer retaining documentation of the
1193	screening to the person screened.
1194	(3)  The person required to be screened is employed by a
1195	corporation or business entity or related corporation or
1196	business entity that owns, operates, or manages more than one
1197	facility or agency licensed under this chapter, and for whom a
1198	level 1 screening was conducted by the corporation or business
1199	entity as a condition of initial or continued employment.
1200	Section 27.  Subsection (4) of section 429.67, Florida
1201	Statutes, is amended to read:
1202	429.67  Licensure.-
1203	(4)  Upon receipt of a completed license application or
1204	license renewal, and the fee, The agency shall require level 2
1205	initiate a level 1 background screening for personnel as
1206	required in s. 408.809(1)(e), including as provided under
1207	chapter 435 on the adult family-care home provider, the
1208	designated relief person, and all adult household members,
1209	pursuant to chapter 435 and s. 408.809, and all staff members.
1210	(a)  Proof of compliance with level 1 screening standards
1211	which has been submitted within the previous 5 years to meet any
1212	facility or professional licensure requirements of the agency or
1213	the Department of Health satisfies the requirements of this
1214	subsection. Such proof must be accompanied, under penalty of
1215	perjury, by a copy of the person's current professional license
1216	and an affidavit of current compliance with the background
1217	screening requirements.
1218	(b)  The person required to be screened must have been
1219	continuously employed in the same type of occupation for which
1220	the person is seeking employment without a breach in service
1221	that exceeds 180 days, and proof of compliance with the level 1
1222	screening requirement which is no more than 2 years old must be
1223	provided. Proof of compliance shall be provided directly from
1224	one employer or contractor to another, and not from the person
1225	screened. Upon request, a copy of screening results shall be
1226	provided to the person screened by the employer retaining
1227	documentation of the screening.
1228	Section 28.  Section 429.69, Florida Statutes, is amended
1229	to read:
1230	429.69  Denial, revocation, and suspension of a license.-In
1231	addition to the requirements of part II of chapter 408, the
1232	agency may deny, suspend, and revoke a license for any of the
1233	following reasons:
1234	(1)  Failure to comply with the of any of the persons
1235	required to undergo background screening standards of this part,
1236	s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1237	1 screening standards of s. 435.03, unless an exemption from
1238	disqualification has been provided by the agency.
1239	(2)  Failure to correct cited fire code violations that
1240	threaten the health, safety, or welfare of residents.
1241	Section 29.  Paragraph (c) of subsection (2) of section
1242	429.911, Florida Statutes, is amended to read:
1243	429.911  Denial, suspension, revocation of license;
1244	emergency action; administrative fines; investigations and
1245	inspections.-
1246	(2)  Each of the following actions by the owner of an adult
1247	day care center or by its operator or employee is a ground for
1248	action by the agency against the owner of the center or its
1249	operator or employee:
1250	(c)  A Failure to comply with the of persons subject to
1251	level 2 background screening standards of this part, s.
1252	408.809(1), or chapter 435 under s. 408.809 to meet the
1253	screening standards of s. 435.04, or the retention by the center
1254	of an employee subject to level 1 background screening standards
1255	under s. 429.174 who does not meet the screening standards of s.
1256	435.03 and for whom exemptions from disqualification have not
1257	been provided by the agency.
1258	Section 30.  Section 429.919, Florida Statutes, is amended
1259	to read:
1260	429.919  Background screening.-The agency shall require
1261	level 2 background screening for personnel as required in s.
1262	408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1263	or administrator of an adult day care center must conduct level
1264	1 background screening as set forth in chapter 435 on all
1265	employees hired on or after October 1, 1998, who provide basic
1266	services or supportive and optional services to the
1267	participants. Such persons satisfy this requirement if:
1268	(1)  Proof of compliance with level 1 screening
1269	requirements obtained to meet any professional license
1270	requirements in this state is provided and accompanied, under
1271	penalty of perjury, by a copy of the person's current
1272	professional license and an affidavit of current compliance with
1273	the background screening requirements.
1274	(2)  The person required to be screened has been
1275	continuously employed, without a breach in service that exceeds
1276	180 days, in the same type of occupation for which the person is
1277	seeking employment and provides proof of compliance with the
1278	level 1 screening requirement which is no more than 2 years old.
1279	Proof of compliance must be provided directly from one employer
1280	or contractor to another, and not from the person screened. Upon
1281	request, a copy of screening results shall be provided to the
1282	person screened by the employer retaining documentation of the
1283	screening.
1284	(3)  The person required to be screened is employed by a
1285	corporation or business entity or related corporation or
1286	business entity that owns, operates, or manages more than one
1287	facility or agency licensed under chapter 400 or this chapter,
1288	and for whom a level 1 screening was conducted by the
1289	corporation or business entity as a condition of initial or
1290	continued employment.
1291	Section 31.  Section 430.60, Florida Statutes, is created
1292	to read:
1293	430.60  Screening of direct service providers.-
1294	(1)(a)  Level 2 background screening pursuant to chapter
1295	435 is required for direct service providers. Background
1296	screening shall include employment history checks as provided in
1297	s. 435.03(1) and local criminal history records checks through
1298	local law enforcement agencies.
1299	(b)  For purposes of this section, the term "direct service
1300	provider" means a person 18 years of age or older who is
1301	unrelated to his or her clients and who has direct, face-to-face
1302	contact with a client while providing services to the client and
1303	has access to the client's living areas or to the client's funds
1304	or personal property. The term includes coordinators, managers,
1305	and supervisors of residential facilities and volunteers.
1306	(2)  Licensed physicians, nurses, or other professionals
1307	licensed by the Department of Health are not subject to
1308	background screening pursuant to this section if they are
1309	providing a service that is within the scope of their licensed
1310	practice.
1311	(3)  Refusal on the part of an employer to dismiss a
1312	manager, supervisor, or direct service provider who has been
1313	found to be in noncompliance with standards of this section
1314	shall result in the automatic denial, termination, or revocation
1315	of the license or certification, rate agreement, purchase order,
1316	or contract, in addition to any other remedies authorized by
1317	law.
1318	(4)  The background screening conducted pursuant to this
1319	section must ensure that, in addition to the disqualifying
1320	offenses listed in s. 435.04, no person subject to the
1321	provisions of this section has an arrest awaiting final
1322	disposition for, has been found guilty of, regardless of
1323	adjudication, has entered a plea of nolo contendere or guilty
1324	to, or has been adjudicated delinquent and the record has not
1325	been sealed or expunged for, any offense prohibited under any of
1326	the following provisions of the Florida Statutes or under any
1327	similar statute of another jurisdiction:
1328	(a)  Any authorizing statutes, if the offense was a felony.
1329	(b)  Section 409.920, relating to Medicaid provider fraud.
1330	(c)  Section 409.9201, relating to Medicaid fraud.
1331	(d)  Section 817.034, relating to fraudulent acts through
1332	mail, wire, radio, electromagnetic, photoelectronic, or
1333	photooptical systems.
1334	(e)  Section 817.234, relating to false and fraudulent
1335	insurance claims.
1336	(f)  Section 817.505, relating to patient brokering.
1337	(g)  Section 817.568, relating to criminal use of personal
1338	identification information.
1339	(h)  Section 817.60, relating to obtaining a credit card
1340	through fraudulent means.
1341	(i)  Section 817.61, relating to fraudulent use of credit
1342	cards, if the offense was a felony.
1343	(j)  Section 831.01, relating to forgery.
1344	(k)  Section 831.02, relating to uttering forged
1345	instruments.
1346	(l)  Section 831.07, relating to forging bank bills,
1347	checks, drafts, or promissory notes.
1348	(m)  Section 831.09, relating to uttering forged bank
1349	bills, checks, drafts, or promissory notes.
1350	Section 32.  Section 435.01, Florida Statutes, is amended
1351	to read:
1352	435.01  Applicability of this chapter; statutory
1353	references; rulemaking.-
1354	(1)(a)  Unless otherwise provided by law, whenever a
1355	background screening for employment or a background security
1356	check is required by law to be conducted pursuant to this
1357	chapter for employment, unless otherwise provided by law, the
1358	provisions of this chapter shall apply.
1359	(b)  Unless expressly provided otherwise, a reference in
1360	any section of the Florida Statutes to chapter 435 or to any
1361	section or sections or portion of a section of chapter 435
1362	includes, and shall be understood as including, all subsequent
1363	amendments to chapter 435 or to the referenced section or
1364	sections or portions of a section. The purpose of this chapter
1365	is to facilitate uniform background screening and, to this end,
1366	a reference to this chapter, or to any section or subdivision
1367	within this chapter, constitutes a general reference under the
1368	doctrine of incorporation by reference.
1369	(2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1370	and 120.54 necessary to implement the provisions of this
1371	chapter.
1372	Section 33.  Section 435.02, Florida Statutes, is amended
1373	to read:
1374	435.02  Definitions.-For the purposes of this chapter, the
1375	term:
1376	(1)(3)  "Licensing Agency" means any state, or county, or
1377	municipal agency that which grants licenses or registration
1378	permitting the operation of an employer or is itself an employer
1379	or that otherwise facilitates the screening of employees
1380	pursuant to this chapter. When there is no state licensing
1381	agency or the municipal or county licensing agency chooses not
1382	to conduct employment screening, "licensing agency" means the
1383	Department of Children and Family Services.
1384	(2)(1)  "Employee" means any person required by law to be
1385	screened pursuant to the provisions of this chapter.
1386	(3)(2)  "Employer" means any person or entity required by
1387	law to conduct screening of employees pursuant to this chapter.
1388	(4)  "Employment" means any activity or service sought to
1389	be performed by an employee that requires the employee to be
1390	subject to screening pursuant to this chapter.
1391	(5)  "Vulnerable person" means a minor or a vulnerable
1392	adult as defined in s. 415.102.
1393	Section 34.  Section 435.03, Florida Statutes, is amended
1394	to read:
1395	435.03  Level 1 screening standards.-
1396	(1)  All employees required by law to be screened pursuant
1397	to this section must shall be required to undergo background
1398	screening as a condition of employment and continued employment
1399	that includes. For the purposes of this subsection, level 1
1400	screenings shall include, but need not be limited to, employment
1401	history checks, and statewide criminal correspondence checks
1402	through the Florida Department of Law Enforcement, a check of
1403	the Dru Sjodin National Sex Offender Registry, and may include
1404	local criminal history records checks through local law
1405	enforcement agencies.
1406	(2)  Any person required by law to be screened pursuant to
1407	this section must not have an arrest awaiting final disposition
1408	for, for whom employment screening is required by statute must
1409	not have been found guilty of, regardless of adjudication, or
1410	entered a plea of nolo contendere or guilty to, or have been
1411	adjudicated delinquent and the record has not been sealed or
1412	expunged for, any offense prohibited under any provision of s.
1413	435.04(2) of the following provisions of the Florida Statutes or
1414	under any similar statute of another jurisdiction.:
1415	(a)  Section 393.135, relating to sexual misconduct with
1416	certain developmentally disabled clients and reporting of such
1417	sexual misconduct.
1418	(b)  Section 394.4593, relating to sexual misconduct with
1419	certain mental health patients and reporting of such sexual
1420	misconduct.
1421	(c)  Section 415.111, relating to abuse, neglect, or
1422	exploitation of a vulnerable adult.
1423	(d)  Section 782.04, relating to murder.
1424	(e)  Section 782.07, relating to manslaughter, aggravated
1425	manslaughter of an elderly person or disabled adult, or
1426	aggravated manslaughter of a child.
1427	(f)  Section 782.071, relating to vehicular homicide.
1428	(g)  Section 782.09, relating to killing of an unborn quick
1429	child by injury to the mother.
1430	(h)  Section 784.011, relating to assault, if the victim of
1431	the offense was a minor.
1432	(i)  Section 784.021, relating to aggravated assault.
1433	(j)  Section 784.03, relating to battery, if the victim of
1434	the offense was a minor.
1435	(k)  Section 784.045, relating to aggravated battery.
1436	(l)  Section 787.01, relating to kidnapping.
1437	(m)  Section 787.02, relating to false imprisonment.
1438	(n)  Section 794.011, relating to sexual battery.
1439	(o)  Former s. 794.041, relating to prohibited acts of
1440	persons in familial or custodial authority.
1441	(p)  Chapter 796, relating to prostitution.
1442	(q)  Section 798.02, relating to lewd and lascivious
1443	behavior.
1444	(r)  Chapter 800, relating to lewdness and indecent
1445	exposure.
1446	(s)  Section 806.01, relating to arson.
1447	(t)  Chapter 812, relating to theft, robbery, and related
1448	crimes, if the offense was a felony.
1449	(u)  Section 817.563, relating to fraudulent sale of
1450	controlled substances, only if the offense was a felony.
1451	(v)  Section 825.102, relating to abuse, aggravated abuse,
1452	or neglect of an elderly person or disabled adult.
1453	(w)  Section 825.1025, relating to lewd or lascivious
1454	offenses committed upon or in the presence of an elderly person
1455	or disabled adult.
1456	(x)  Section 825.103, relating to exploitation of an
1457	elderly person or disabled adult, if the offense was a felony.
1458	(y)  Section 826.04, relating to incest.
1459	(z)  Section 827.03, relating to child abuse, aggravated
1460	child abuse, or neglect of a child.
1461	(aa)  Section 827.04, relating to contributing to the
1462	delinquency or dependency of a child.
1463	(bb)  Former s. 827.05, relating to negligent treatment of
1464	children.
1465	(cc)  Section 827.071, relating to sexual performance by a
1466	child.
1467	(dd)  Chapter 847, relating to obscene literature.
1468	(ee)  Chapter 893, relating to drug abuse prevention and
1469	control, only if the offense was a felony or if any other person
1470	involved in the offense was a minor.
1471	(ff)  Section 916.1075, relating to sexual misconduct with
1472	certain forensic clients and reporting of such sexual
1473	misconduct.
1474	(3)  The security background investigations under this
1475	section must ensure that no person subject to the provisions of
1476	this section has been found guilty of, regardless of
1477	adjudication, or entered a plea of nolo contendere or guilty to,
1478	any offense that constitutes domestic violence as defined in s.
1479	741.28, whether such act was committed in this state or in
1480	another jurisdiction. Standards must also ensure that the
1481	person:
1482	(a)  For employees and employers licensed or registered
1483	pursuant to chapter 400 or chapter 429, and for employees and
1484	employers of developmental disabilities centers as defined in s.
1485	393.063, intermediate care facilities for the developmentally
1486	disabled as defined in s. 400.960, and mental health treatment
1487	facilities as defined in s. 394.455, meets the requirements of
1488	this chapter.
1489	(b)  Has not committed an act that constitutes domestic
1490	violence as defined in s. 741.28.
1491	Section 35.  Section 435.04, Florida Statutes, is amended
1492	to read:
1493	435.04  Level 2 screening standards.-
1494	(1)(a)  All employees required by law to be screened
1495	pursuant to this section must in positions designated by law as
1496	positions of trust or responsibility shall be required to
1497	undergo security background investigations as a condition of
1498	employment and continued employment that includes. For the
1499	purposes of this subsection, security background investigations
1500	shall include, but need not be limited to, fingerprinting for
1501	statewide criminal history records all purposes and checks in
1502	this subsection, statewide criminal and juvenile records checks
1503	through the Florida Department of Law Enforcement, and national
1504	federal criminal history records checks through the Federal
1505	Bureau of Investigation, and may include local criminal history
1506	records checks through local law enforcement agencies.
1507	(b)  Fingerprints submitted pursuant to this section on or
1508	after July 1, 2012, must be submitted electronically to the
1509	Department of Law Enforcement.
1510	(c)  An agency may contract with one or more vendors to
1511	perform all or part of the electronic fingerprinting pursuant to
1512	this section. Such contracts must ensure that the owners and
1513	personnel of the vendor performing the electronic fingerprinting
1514	are qualified and will ensure the integrity and security of all
1515	personal information.
1516	(d)  An agency may require by rule adopted pursuant to
1517	chapter 120 that fingerprints submitted pursuant to this section
1518	must be submitted electronically to the Department of Law
1519	Enforcement on a date earlier than July 1, 2012.
1520	(2)  The security background investigations under this
1521	section must ensure that no persons subject to the provisions of
1522	this section have been arrested for and are awaiting final
1523	disposition of, have been found guilty of, regardless of
1524	adjudication, or entered a plea of nolo contendere or guilty to,
1525	or have been adjudicated delinquent and the record has not been
1526	sealed or expunged for, any offense prohibited under any of the
1527	following provisions of the Florida Statutes or under any
1528	similar statute of another jurisdiction:
1529	(a)  Section 393.135, relating to sexual misconduct with
1530	certain developmentally disabled clients and reporting of such
1531	sexual misconduct.
1532	(b)  Section 394.4593, relating to sexual misconduct with
1533	certain mental health patients and reporting of such sexual
1534	misconduct.
1535	(c)  Section 415.111, relating to adult abuse, neglect, or
1536	exploitation of aged persons or disabled adults.
1537	(d)  Section 782.04, relating to murder.
1538	(e)  Section 782.07, relating to manslaughter, aggravated
1539	manslaughter of an elderly person or disabled adult, or
1540	aggravated manslaughter of a child.
1541	(f)  Section 782.071, relating to vehicular homicide.
1542	(g)  Section 782.09, relating to killing of an unborn quick
1543	child by injury to the mother.
1544	(h)  Chapter 784, relating to assault, battery, and
1545	culpable negligence, if the offense was a felony.
1546	(i)(h)  Section 784.011, relating to assault, if the victim
1547	of the offense was a minor.
1548	(i)  Section 784.021, relating to aggravated assault.
1549	(j)  Section 784.03, relating to battery, if the victim of
1550	the offense was a minor.
1551	(k)  Section 784.045, relating to aggravated battery.
1552	(l)  Section 784.075, relating to battery on a detention or
1553	commitment facility staff.
1554	(k)(m)  Section 787.01, relating to kidnapping.
1555	(l)(n)  Section 787.02, relating to false imprisonment.
1556	(m)  Section 787.025, relating to luring or enticing a
1557	child.
1558	(n)(o)  Section 787.04(2), relating to taking, enticing, or
1559	removing a child beyond the state limits with criminal intent
1560	pending custody proceedings.
1561	(o)(p)  Section 787.04(3), relating to carrying a child
1562	beyond the state lines with criminal intent to avoid producing a
1563	child at a custody hearing or delivering the child to the
1564	designated person.
1565	(p)(q)  Section 790.115(1), relating to exhibiting firearms
1566	or weapons within 1,000 feet of a school.
1567	(q)(r)  Section 790.115(2)(b), relating to possessing an
1568	electric weapon or device, destructive device, or other weapon
1569	on school property.
1570	(r)(s)  Section 794.011, relating to sexual battery.
1571	(s)(t)  Former s. 794.041, relating to prohibited acts of
1572	persons in familial or custodial authority.
1573	(t)  Section 794.05, relating to unlawful sexual activity
1574	with certain minors.
1575	(u)  Chapter 796, relating to prostitution.
1576	(v)  Section 798.02, relating to lewd and lascivious
1577	behavior.
1578	(w)  Chapter 800, relating to lewdness and indecent
1579	exposure.
1580	(x)  Section 806.01, relating to arson.
1581	(y)  Section 810.02, relating to burglary.
1582	(z)  Section 810.14, relating to voyeurism, if the offense
1583	is a felony.
1584	(aa)  Section 810.145, relating to video voyeurism, if the
1585	offense is a felony.
1586	(bb)(y)  Chapter 812, relating to theft, robbery, and
1587	related crimes, if the offense is a felony.
1588	(cc)(z)  Section 817.563, relating to fraudulent sale of
1589	controlled substances, only if the offense was a felony.
1590	(dd)(aa)  Section 825.102, relating to abuse, aggravated
1591	abuse, or neglect of an elderly person or disabled adult.
1592	(ee)(bb)  Section 825.1025, relating to lewd or lascivious
1593	offenses committed upon or in the presence of an elderly person
1594	or disabled adult.
1595	(ff)(cc)  Section 825.103, relating to exploitation of an
1596	elderly person or disabled adult, if the offense was a felony.
1597	(gg)(dd)  Section 826.04, relating to incest.
1598	(hh)(ee)  Section 827.03, relating to child abuse,
1599	aggravated child abuse, or neglect of a child.
1600	(ii)(ff)  Section 827.04, relating to contributing to the
1601	delinquency or dependency of a child.
1602	(jj)(gg)  Former s. 827.05, relating to negligent treatment
1603	of children.
1604	(kk)(hh)  Section 827.071, relating to sexual performance
1605	by a child.
1606	(ll)(ii)  Section 843.01, relating to resisting arrest with
1607	violence.
1608	(mm)(jj)  Section 843.025, relating to depriving a law
1609	enforcement, correctional, or correctional probation officer
1610	means of protection or communication.
1611	(nn)(kk)  Section 843.12, relating to aiding in an escape.
1612	(oo)(ll)  Section 843.13, relating to aiding in the escape
1613	of juvenile inmates in correctional institutions.
1614	(pp)(mm)  Chapter 847, relating to obscene literature.
1615	(qq)(nn)  Section 874.05(1), relating to encouraging or
1616	recruiting another to join a criminal gang.
1617	(rr)(oo)  Chapter 893, relating to drug abuse prevention
1618	and control, only if the offense was a felony or if any other
1619	person involved in the offense was a minor.
1620	(ss)(pp)  Section 916.1075, relating to sexual misconduct
1621	with certain forensic clients and reporting of such sexual
1622	misconduct.
1623	(tt)(qq)  Section 944.35(3), relating to inflicting cruel
1624	or inhuman treatment on an inmate resulting in great bodily
1625	harm.
1626	(uu)  Section 944.40, relating to escape.
1627	(vv)(rr)  Section 944.46, relating to harboring,
1628	concealing, or aiding an escaped prisoner.
1629	(ww)(ss)  Section 944.47, relating to introduction of
1630	contraband into a correctional facility.
1631	(xx)(tt)  Section 985.701, relating to sexual misconduct in
1632	juvenile justice programs.
1633	(yy)(uu)  Section 985.711, relating to contraband
1634	introduced into detention facilities.
1635	(3)  The security background investigations under this
1636	section must ensure that no person subject to this section has
1637	been found guilty of, regardless of adjudication, or entered a
1638	plea of nolo contendere or guilty to, any offense that
1639	constitutes domestic violence as defined in s. 741.28, whether
1640	such act was committed in this state or in another jurisdiction.
1641	The security background investigations conducted under this
1642	section for employees of the Department of Juvenile Justice must
1643	ensure that no persons subject to the provisions of this section
1644	have been found guilty of, regardless of adjudication, or
1645	entered a plea of nolo contendere or guilty to, any offense
1646	prohibited under any of the following provisions of the Florida
1647	Statutes or under any similar statute of another jurisdiction:
1648	(a)  Section 784.07, relating to assault or battery of law
1649	enforcement officers, firefighters, emergency medical care
1650	providers, public transit employees or agents, or other
1651	specified officers.
1652	(b)  Section 810.02, relating to burglary, if the offense
1653	is a felony.
1654	(c)  Section 944.40, relating to escape.
1655
1656	The Department of Juvenile Justice may not remove a
1657	disqualification from employment or grant an exemption to any
1658	person who is disqualified under this section for any offense
1659	disposed of during the most recent 7-year period.
1660	(4)  Standards must also ensure that the person:
1661	(a)  For employees or employers licensed or registered
1662	pursuant to chapter 400 or chapter 429, does not have a
1663	confirmed report of abuse, neglect, or exploitation as defined
1664	in s. 415.102(6), which has been uncontested or upheld under s.
1665	415.103.
1666	(b)  Has not committed an act that constitutes domestic
1667	violence as defined in s. 741.30.
1668	(5)  Under penalty of perjury, all employees in such
1669	positions of trust or responsibility shall attest to meeting the
1670	requirements for qualifying for employment and agreeing to
1671	inform the employer immediately if convicted of any of the
1672	disqualifying offenses while employed by the employer. Each
1673	employer of employees in such positions of trust or
1674	responsibilities which is licensed or registered by a state
1675	agency shall submit to the licensing agency annually or at the
1676	time of license renewal, under penalty of perjury, an affidavit
1677	of compliance with the provisions of this section.
1678	Section 36.  Section 435.05, Florida Statutes, is amended
1679	to read:
1680	435.05  Requirements for covered employees and employers.-
1681	Except as otherwise provided by law, the following requirements
1682	shall apply to covered employees and employers:
1683	(1)(a)  Every person required by law to be screened
1684	pursuant to the provisions of this chapter must employed in a
1685	position for which employment screening is required must, within
1686	5 working days after starting to work, submit to the employer a
1687	complete set of information necessary to conduct a screening
1688	under this chapter section.
1689	(b)  For level 1 screening, the employer must submit the
1690	information necessary for screening to the Florida Department of
1691	Law Enforcement within 5 working days after receiving it. The
1692	Florida Department of Law Enforcement will conduct a search of
1693	its records and will respond to the employer or agency. The
1694	employer will inform the employee whether screening has revealed
1695	any disqualifying information.
1696	(c)  For level 2 screening, the employer or licensing
1697	agency must submit the information necessary for screening to
1698	the Florida Department of Law Enforcement within 5 working days
1699	after receiving it. The Florida Department of Law Enforcement
1700	will perform a criminal history records check of its conduct a
1701	search of its criminal and juvenile records and will request
1702	that the Federal Bureau of Investigation perform a national
1703	criminal history records check conduct a search of its records
1704	for each employee for whom the request is made. The Florida
1705	Department of Law Enforcement will respond to the employer or
1706	licensing agency, and the employer or licensing agency will
1707	inform the employee whether screening has revealed disqualifying
1708	information.
1709	(d)  The person whose background is being checked must
1710	supply any missing criminal or other necessary information upon
1711	request to the requesting employer or agency within 30 days
1712	after receiving the employer makes a request for the information
1713	or be subject to automatic disqualification.
1714	(2)  Every employee must attest, subject to penalty of
1715	perjury, to meeting the requirements for qualifying for
1716	employment pursuant to this chapter and agreeing to inform the
1717	employer immediately if arrested for any of the disqualifying
1718	offenses while employed by the employer Unless otherwise
1719	prohibited by state or federal law, new employees may be placed
1720	on probationary status pending a determination of compliance
1721	with minimum standards set forth in this chapter.
1722	(3)  Each employer that is licensed or registered with an
1723	agency and is required by law to conduct level 2 background
1724	screening must submit to the agency sign an affidavit annually
1725	or at the time of license renewal, under penalty of perjury, a
1726	signed affidavit attesting to compliance with the provisions of
1727	this chapter stating that all covered employees have been
1728	screened or are newly hired and are awaiting the results of the
1729	required screening checks.
1730	Section 37.  Section 435.06, Florida Statutes, is amended
1731	to read:
1732	435.06  Exclusion from employment.-
1733	(1)  When an employer or licensing agency has reasonable
1734	cause to believe that grounds exist for the denial or
1735	termination of employment of any employee as a result of
1736	background screening, it shall notify the employee in writing,
1737	stating the specific record that which indicates noncompliance
1738	with the standards in this chapter section. It shall be the
1739	responsibility of the affected employee to contest his or her
1740	disqualification or to request exemption from disqualification.
1741	The only basis for contesting the disqualification shall be
1742	proof of mistaken identity.
1743	(2)(a)  An employer may not hire, select, or otherwise
1744	allow an employee to have contact with any vulnerable person
1745	that would place the employee in a role that would require
1746	background screening until such time as the screening process is
1747	completed and demonstrates the absence of any grounds for the
1748	denial or termination of employment. If the screening process
1749	shows any grounds for the denial or termination of employment,
1750	the employer may not hire, select, or otherwise allow the
1751	employee to have contact with any vulnerable person that would
1752	place the employee in a role that would require background
1753	screening unless the employee is granted an exemption for the
1754	disqualification by the agency as provided under s. 435.07.
1755	(b)  If at any time an employer becomes aware that an
1756	employee has been arrested for a disqualifying offense, the
1757	employer must remove the employee from contact with any
1758	vulnerable person that would place the employee in a role that
1759	would require background screening until such time as the arrest
1760	is resolved in such a way that the employer determines that the
1761	employee is still eligible for employment under this chapter.
1762	(c)  The employer must either terminate the employment of
1763	any of its personnel found to be in noncompliance with the
1764	minimum standards of this chapter for good moral character
1765	contained in this section or place the employee in a
1766	for which background screening is not required unless the
1767	employee is granted an exemption from disqualification pursuant
1768	to s. 435.07.
1769	(3)  Any employee person who is required to undergo
1770	employment screening and who refuses to cooperate in such
1771	screening or refuses to timely submit the information necessary
1772	to complete the screening, including fingerprints when required,
1773	must shall be disqualified for employment in such position or,
1774	if employed, must shall be dismissed.
1775	(4)  There is no unemployment compensation or other
1776	monetary liability on the part of, and no cause of action for
1777	damages arising against, an employer that, upon notice of a
1778	conviction or arrest for a disqualifying offense listed under
1779	this chapter, terminates the person against whom the report was
1780	issued or who was arrested, regardless of whether that person
1781	has filed for an exemption pursuant to this chapter.
1782	Section 38.  Section 435.07, Florida Statutes, is amended
1783	to read:
1784	435.07  Exemptions from disqualification.-Unless otherwise
1785	provided by law, the provisions of this section shall apply to
1786	exemptions from disqualification for disqualifying offenses
1787	revealed pursuant to background screenings required by law to be
1788	conducted pursuant to this chapter, regardless of whether those
1789	disqualifying offenses are listed in this chapter or are in
1790	other statutes.
1791	(1)  The head of the appropriate licensing agency may grant
1792	to any employee otherwise disqualified from employment an
1793	exemption from disqualification for:
1794	(a)  Felonies for which at least 3 years have elapsed since
1795	the applicant for the exemption has completed or been lawfully
1796	released from any confinement, supervision, or sanction for the
1797	disqualifying felony committed more than 3 years prior to the
1798	date of disqualification;
1799	(b)  Misdemeanors prohibited under any of the Florida
1800	Statutes cited in this chapter or under similar statutes of
1801	other jurisdictions for which the applicant for the exemption
1802	has completed or been lawfully released from any confinement,
1803	supervision, or sanction for the disqualifying misdemeanor;
1804	(c)  Offenses that were felonies when committed but are now
1805	misdemeanors and for which the applicant for the exemption has
1806	completed or been lawfully released from any confinement,
1807	supervision, or sanction for the disqualifying offense; or
1808	(d)  Findings of delinquency. For offenses that would be
1809	felonies if committed by an adult and the record has not been
1810	sealed or expunged, then the exemption may not be granted until
1811	at least 3 years have elapsed since the applicant for the
1812	exemption has completed or been lawfully released from any
1813	confinement, supervision, or sanction for the disqualifying
1814	offense; or
1815	(e)  Commissions of acts of domestic violence as defined in
1816	s. 741.30.
1817
1818	For the purposes of this subsection, the term "felonies" means
1819	both felonies prohibited under any of the Florida Statutes cited
1820	in this chapter or under similar statutes of other
1821	jurisdictions.
1822	(2)  Persons employed, or applicants for employment, by
1823	treatment providers who treat adolescents 13 years of age and
1824	older who are disqualified from employment solely because of
1825	crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1826	exempted from disqualification from employment pursuant to this
1827	chapter section without application of the 3-year waiting period
1828	in paragraph (1)(a).
1829	(3)(a)  In order for the head of an agency a licensing
1830	department to grant an exemption to any employee, the employee
1831	must demonstrate by clear and convincing evidence that the
1832	employee should not be disqualified from employment. Employees
1833	seeking an exemption have the burden of setting forth clear and
1834	convincing sufficient evidence of rehabilitation, including, but
1835	not limited to, the circumstances surrounding the criminal
1836	incident for which an exemption is sought, the time period that
1837	has elapsed since the incident, the nature of the harm caused to
1838	the victim, and the history of the employee since the incident,
1839	or any other evidence or circumstances indicating that the
1840	employee will not present a danger if employment or continued
1841	employment is allowed.
1842	(b)  The agency may consider as part of its deliberations
1843	of the employee's rehabilitation the fact that the employee has,
1844	subsequent to the conviction for the disqualifying offense for
1845	which the exemption is being sought, been arrested for or
1846	convicted of another crime, even if that crime is not a
1847	disqualifying offense.
1848	(c)  The decision of the head of an agency licensing
1849	department regarding an exemption may be contested
1850	hearing procedures set forth in chapter 120. The standard of
1851	review by the administrative law judge is whether the agency's
1852	intended action is an abuse of discretion.
1853	(4)(a)  Disqualification from employment under this chapter
1854	subsection (1) may not be removed from, nor may an exemption be
1855	granted to, any personnel who is found guilty of, regardless of
1856	adjudication, or who has entered a plea of nolo contendere or
1857	guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1858	by reason of any pardon, executive clemency, or restoration of
1859	civil rights.
1860	(b)  Disqualification from employment under this chapter
1861	may not be removed from, nor may an exemption be granted to, any
1862	person who has been designated as a:
1863	1.  Sexual predator pursuant to s. 775.21;
1864	2.  Career offender pursuant to s. 775.261; or
1865	3.  Sexual offender pursuant to s. 943.0435, unless the
1866	person has had the sexual offender designation removed pursuant
1867	to s. 943.04354.
1868	(5)  Exemptions granted by one licensing agency shall be
1869	considered by subsequent licensing agencies, but are not binding
1870	on the subsequent licensing agency.
1871	Section 39.  Section 435.08, Florida Statutes, is amended
1872	to read:
1873	435.08  Payment for processing of fingerprints and state
1874	criminal history records checks.-Either the employer or the
1875	employee is responsible for paying the costs of screening.
1876	Payment shall be submitted to the Florida Department of Law
1877	Enforcement with the request for screening. The appropriate
1878	agency is responsible for collecting and paying any fee related
1879	to fingerprints retained on its behalf to the Department of Law
1880	Enforcement for costs resulting from the fingerprint information
1881	retention services. The amount of the annual fee and procedures
1882	for the submission and retention of fingerprint information and
1883	for the dissemination of search results shall be established by
1884	rule of the Department of Law Enforcement.
1885	Section 40.  Paragraph (d) of subsection (4) of section
1886	456.039, Florida Statutes, is amended to read:
1887	456.039  Designated health care professionals; information
1888	required for licensure.-
1889	(4)
1890	(d)  Any applicant for initial licensure or renewal of
1891	licensure as a health care practitioner who submits to the
1892	Department of Health a set of fingerprints or information
1893	required for the criminal history check required under this
1894	section shall not be required to provide a subsequent set of
1895	fingerprints or other duplicate information required for a
1896	criminal history check to the Agency for Health Care
1897	Administration, the Department of Juvenile Justice, or the
1898	Department of Children and Family Services for employment or
1899	licensure with such agency or department if the applicant has
1900	undergone a criminal history check as a condition of initial
1901	licensure or licensure renewal as a health care practitioner
1902	with the Department of Health or any of its regulatory boards,
1903	notwithstanding any other provision of law to the contrary. In
1904	lieu of such duplicate submission, the Agency for Health Care
1905	Administration, the Department of Juvenile Justice, and the
1906	Department of Children and Family Services shall obtain criminal
1907	history information for employment or licensure of health care
1908	practitioners by such agency and departments from the Department
1909	of Health's health care practitioner credentialing system.
1910	Section 41.  Subsection (1) of section 464.203, Florida
1911	Statutes, is amended to read:
1912	464.203  Certified nursing assistants; certification
1913	requirement.-
1914	(1)  The board shall issue a certificate to practice as a
1915	certified nursing assistant to any person who demonstrates a
1916	minimum competency to read and write and successfully passes the
1917	required background Level I or Level II screening pursuant to s.
1918	400.215 and meets one of the following requirements:
1919	(a)  Has successfully completed an approved training
1920	program and achieved a minimum score, established by rule of the
1921	board, on the nursing assistant competency examination, which
1922	consists of a written portion and skills-demonstration portion
1923	approved by the board and administered at a site and by
1924	personnel approved by the department.
1925	(b)  Has achieved a minimum score, established by rule of
1926	the board, on the nursing assistant competency examination,
1927	which consists of a written portion and skills-demonstration
1928	portion, approved by the board and administered at a site and by
1929	personnel approved by the department and:
1930	1.  Has a high school diploma, or its equivalent; or
1931	2.  Is at least 18 years of age.
1932	(c)  Is currently certified in another state; is listed on
1933	that state's certified nursing assistant registry; and has not
1934	been found to have committed abuse, neglect, or exploitation in
1935	that state.
1936	(d)  Has completed the curriculum developed under the
1937	Enterprise Florida Jobs and Education Partnership Grant and
1938	achieved a minimum score, established by rule of the board, on
1939	the nursing assistant competency examination, which consists of
1940	a written portion and skills-demonstration portion, approved by
1941	the board and administered at a site and by personnel approved
1942	by the department.
1943	Section 42.  Subsection (9) of section 489.115, Florida
1944	Statutes, is amended to read:
1945	489.115  Certification and registration; endorsement;
1946	reciprocity; renewals; continuing education.-
1947	(9)  An initial applicant shall submit, along with the
1948	application, a complete set of fingerprints to in a form and
1949	manner required by the department. The fingerprints shall be
1950	submitted to the Department of Law Enforcement for state
1951	processing, and the Department of Law Enforcement shall forward
1952	them to the Federal Bureau of Investigation for national
1953	processing, to determine whether the applicant has a criminal
1954	history record for the purpose of conducting a level 2
1955	background check pursuant to s. 435.04. The department shall and
1956	the board may review the background results to determine if an
1957	applicant meets licensure requirements. The cost for the
1958	fingerprint processing shall be borne by the person subject to
1959	the background screening. These fees are to be collected by the
1960	authorized agencies or vendors. The authorized agencies or
1961	vendors are responsible for paying the processing costs to the
1962	Department of Law Enforcement.
1963	Section 43.  Paragraphs (g) and (h) of subsection (2) of
1964	section 943.05, Florida Statutes, are amended, and subsection
1965	(4) is added to that section, to read:
1966	943.05  Criminal Justice Information Program; duties; crime
1967	reports.-
1968	(2)  The program shall:
1969	(g)  Upon official written request, and subject to the
1970	department having sufficient funds and equipment to participate
1971	in such a request, from the agency executive director or
1972	secretary, or from his or her designee, or from qualified
1973	entities participating in the volunteer and employee criminal
1974	history screening system under s. 943.0542, or as otherwise
1975	required As authorized by law, retain fingerprints submitted by
1976	criminal and noncriminal justice agencies to the department for
1977	a criminal history background screening in a manner provided by
1978	rule and enter the fingerprints in the statewide automated
1979	fingerprint identification system authorized by paragraph (b).
1980	Such fingerprints shall thereafter be available for all purposes
1981	and uses authorized for arrest fingerprint submissions cards
1982	entered into the statewide automated fingerprint identification
1983	system pursuant to s. 943.051.
1984	(h)1.  For each agency or qualified entity that officially
1985	requests retention of fingerprints or for which retention is
1986	otherwise required As authorized by law, search all arrest
1987	fingerprint submissions cards received under s. 943.051 against
1988	the fingerprints retained in the statewide automated fingerprint
1989	identification system under paragraph (g).
1990	1.  Any arrest record that is identified with the retained
1991	fingerprints of a person subject to background screening as
1992	provided in paragraph (g) shall be reported to the appropriate
1993	agency or qualified entity.
1994	2.  To Agencies may participate in this search process,
1995	agencies or qualified entities must notify each person
1996	fingerprinted that his or her fingerprints will be retained, pay
1997	by payment of an annual fee to the department, and inform by
1998	informing the department of any change in the affiliation,
1999	employment, or contractual status or place of affiliation,
2000	employment, or contracting of each person the persons whose
2001	fingerprints are retained under paragraph (g) when such change
2002	removes or eliminates the agency or qualified entity's basis or
2003	need for receiving reports of any arrest of that person, so that
2004	the agency or qualified entity will not be obligated to pay the
2005	upcoming annual fee for the retention and searching of that
2006	person's fingerprints to the department. The department shall
2007	adopt a rule setting the amount of the annual fee to be imposed
2008	upon each participating agency or qualified entity for
2009	performing these searches and establishing the procedures for
2010	the retention of fingerprints and the dissemination of search
2011	results. The fee may be borne by the agency, qualified entity,
2012	or person subject to fingerprint retention or as otherwise
2013	provided by law. Fees may be waived or reduced by the executive
2014	director for good cause shown. Consistent with the recognition
2015	of criminal justice agencies expressed in s. 943.053(3), these
2016	services will be provided to criminal justice agencies for
2017	criminal justice purposes free of charge.
2018	3.  Agencies that participate in the fingerprint retention
2019	and search process may adopt rules pursuant to ss. 120.536(1)
2020	and 120.54 to require employers to keep the agency informed of
2021	any change in the affiliation, employment, or contractual status
2022	of each person whose fingerprints are retained under paragraph
2023	(g) when such change removes or eliminates the agency's basis or
2024	need for receiving reports of any arrest of that person, so that
2025	the agency will not be obligated to pay the upcoming annual fee
2026	for the retention and searching of that person's fingerprints to
2027	the department.
2028	(4)  Upon notification that a federal fingerprint retention
2029	program is in effect, and subject to the department being funded
2030	and equipped to participate in such a program, the department
2031	shall, when state and national criminal history records checks
2032	and retention of submitted prints are authorized or required by
2033	law, retain the fingerprints as provided in paragraphs (2)(g)
2034	and (h) and advise the Federal Bureau of Investigation to retain
2035	the fingerprints at the national level for searching against
2036	arrest fingerprint submissions received at the national level.
2037	Section 44.  Subsections (6) and (11) of section 943.053,
2038	Florida Statutes, are amended to read:
2039	943.053  Dissemination of criminal justice information;
2040	fees.-
2041	(6)  Notwithstanding any other provision of law, the
2042	department shall provide to the Florida Department of Revenue
2043	Child Support Enforcement access to Florida criminal history
2044	records which are not exempt from disclosure under chapter 119,
2045	and to such information as may be lawfully available from other
2046	states via the National Law Enforcement Telecommunications
2047	System, for the purpose of locating subjects who owe or
2048	potentially owe support, as defined in s. 409.2554, or to whom
2049	such obligation is owed pursuant to Title IV-D of the Social
2050	Security Act. Such information may be provided to child support
2051	enforcement authorities in other states for these specific
2052	purposes.
2053	(11)  A criminal justice agency that is authorized under
2054	federal rules or law to conduct a criminal history background
2055	check on an agency employee who is not certified by the Criminal
2056	Justice Standards and Training Commission under s. 943.12 may
2057	submit to the department the fingerprints of the noncertified
2058	employee to obtain state and national criminal history
2059	information. Effective January 15, 2007, The fingerprints
2060	submitted shall be retained and entered in the statewide
2061	automated fingerprint identification system authorized by s.
2062	943.05 and shall be available for all purposes and uses
2063	authorized for arrest fingerprint submissions cards entered in
2064	the statewide automated fingerprint identification system
2065	pursuant to s. 943.051. The department shall search all arrest
2066	fingerprint submissions cards received pursuant to s. 943.051
2067	against the fingerprints retained in the statewide automated
2068	fingerprint identification system pursuant to this section. In
2069	addition to all purposes and uses authorized for arrest
2070	fingerprint submissions cards for which submitted fingerprints
2071	may be used, any arrest record that is identified with the
2072	retained employee fingerprints must be reported to the
2073	submitting employing agency.
2074	Section 45.  Section 985.644, Florida Statutes, is amended
2075	to read:
2076	985.644  Departmental contracting powers; personnel
2077	standards and screening.-
2078	(1)  The department of Juvenile Justice or the Department
2079	of Children and Family Services, as appropriate, may contract
2080	with the Federal Government, other state departments and
2081	agencies, county and municipal governments and agencies, public
2082	and private agencies, and private individuals and corporations
2083	in carrying out the purposes of, and the responsibilities
2084	established in, this chapter.
2085	(a)  When the Department of Juvenile Justice or the
2086	Department of Children and Family Services contracts with a
2087	provider for any program for children, all personnel, including
2088	owners, operators, employees, and volunteers, in the facility
2089	must be of good moral character. Each contract entered into by
2090	the either department for services delivered on an appointment
2091	or intermittent basis by a provider that does not have regular
2092	custodial responsibility for children and each contract with a
2093	school for before or aftercare services must ensure that the all
2094	owners, operators, and all personnel who have direct contact
2095	with children are subject to level 2 background screening
2096	pursuant to chapter 435 of good moral character.
2097	(b)  A volunteer who assists the department or any program
2098	for children on an intermittent basis for less than 40 hours per
2099	month need not be screened if the volunteer is under direct and
2100	constant supervision by persons who meet the screening
2101	requirements.
2102	(b)  The Department of Juvenile Justice and the Department
2103	of Children and Family Services shall require employment
2104	screening pursuant to chapter 435, using the level 2 standards
2105	set forth in that chapter for personnel in programs for children
2106	or youths.
2107	(c)  The Department of Juvenile Justice or the Department
2108	of Children and Family Services may grant exemptions from
2109	disqualification from working with children as provided in s.
2110	435.07.
2111	(2)  The department may contract with the Federal
2112	Government, other state departments and agencies, county and
2113	municipal governments and agencies, public and private agencies,
2114	and private individuals and corporations in carrying out the
2115	purposes and the responsibilities of the delinquency services
2116	and programs of the department.
2117	(3)  The department shall adopt a rule pursuant to chapter
2118	120 establishing a procedure to provide notice of policy changes
2119	that affect contracted delinquency services and programs. A
2120	policy is defined as an operational requirement that applies to
2121	only the specified contracted delinquency service or program.
2122	The procedure shall include:
2123	(a)  Public notice of policy development.
2124	(b)  Opportunity for public comment on the proposed policy.
2125	(c)  Assessment for fiscal impact upon the department and
2126	providers.
2127	(d)  The department's response to comments received.
2128	(4)  When the department contracts with a provider for any
2129	delinquency service or program, all personnel, including all
2130	owners, operators, employees, and volunteers in the facility or
2131	providing the service or program shall be of good moral
2132	character. A volunteer who assists on an intermittent basis for
2133	less than 40 hours per month is not required to be screened if
2134	the volunteer is under direct and constant supervision by
2135	persons who meet the screening requirements.
2136	(3)(5)(a)  All employees of the department and all
2137	personnel of contract providers for any program for children,
2138	including all owners, operators, employees, persons who have
2139	access to confidential juvenile records, and volunteers, must
2140	complete For any person employed by the department, or by a
2141	provider under contract with the department, in delinquency
2142	facilities, services, or programs, the department shall require:
2143	1.  A level 2 employment screening pursuant to chapter 435
2144	prior to employment. The security background investigations
2145	conducted under this section must ensure that, in addition to
2146	the disqualifying offenses listed in s. 435.04, no person
2147	subject to the background screening provisions of this section
2148	has an arrest awaiting final disposition for, been found guilty
2149	of, regardless of adjudication, or entered a plea of nolo
2150	contendere or guilty to, or has been adjudicated delinquent and
2151	the record has not been sealed or expunged for, any offense
2152	prohibited under any of the following provisions of the Florida
2153	Statutes or under any similar statute of another jurisdiction:
2154	a.  Section 784.07, relating to assault or battery of law
2155	enforcement officers, firefighters, emergency medical care
2156	providers, public transit employees or agents, or other
2157	specified officers.
2158	b.  Section 817.568, relating to criminal use of personal
2159	identification information.
2160	2.  A national federal criminal history records check by
2161	the Federal Bureau of Investigation every 5 years following the
2162	date of the person's employment.
2163	(b)  Except for law enforcement, correctional, and
2164	correctional probation officers, to whom s. 943.13(5) applies,
2165	the department shall electronically submit to the Department of
2166	Law Enforcement:
2167	1.  Fingerprint information obtained during the employment
2168	screening required by subparagraph (a)1.
2169	2.  Beginning on December 15, 2005, Fingerprint information
2170	for all persons employed by the department, or by a provider
2171	under contract with the department, in delinquency facilities,
2172	services, or programs if such fingerprint information has not
2173	previously been electronically submitted to the Department of
2174	Law Enforcement under this paragraph.
2175	(c)  All fingerprint information electronically submitted
2176	to the Department of Law Enforcement under paragraph (b) shall
2177	be retained by the Department of Law Enforcement and entered
2178	into the statewide automated fingerprint identification system
2179	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2180	information shall be available for all purposes and uses
2181	authorized for arrest fingerprint information entered into the
2182	statewide automated fingerprint identification system pursuant
2183	to s. 943.051 until the fingerprint information is removed
2184	pursuant to paragraph (e). The Department of Law Enforcement
2185	shall search all arrest fingerprint information received
2186	pursuant to s. 943.051 against the fingerprint information
2187	entered into the statewide automated fingerprint system pursuant
2188	to this subsection. Any arrest records identified as a result of
2189	the search shall be reported to the department in the manner and
2190	timeframe established by the Department of Law Enforcement by
2191	rule.
2192	(d)  The department shall pay an annual fee to the
2193	Department of Law Enforcement for its costs resulting from the
2194	fingerprint information retention services required by this
2195	subsection. The amount of the annual fee and procedures for the
2196	submission and retention of fingerprint information and for the
2197	dissemination of search results shall be established by the
2198	Department of Law Enforcement by a rule that is applicable to
2199	the department individually pursuant to this subsection or that
2200	is applicable to the department and other employing agencies
2201	pursuant to rulemaking authority otherwise provided by law.
2202	(e)  The department shall notify the Department of Law
2203	Enforcement when a person whose fingerprint information is
2204	retained by the Department of Law Enforcement under this
2205	subsection is no longer employed by the department, or by a
2206	provider under contract with the department, in a delinquency
2207	facility, service, or program. This notice shall be provided by
2208	the department to the Department of Law Enforcement no later
2209	than 6 months after the date of the change in the person's
2210	employment status. Fingerprint information for persons
2211	identified by the department in the notice shall be removed from
2212	the statewide automated fingerprint system.
2213	(6)  The department may grant exemptions from
2214	disqualification from working with children as provided in s.
2215	435.07.
2216	(7)  The department may adopt rules pursuant to ss.
2217	120.536(1) and 120.54 to describe the procedure and requirements
2218	necessary to implement the employment screening and fingerprint
2219	retention services for all employees of the department and all
2220	personnel of contract providers for any program for children,
2221	including all owners, operators, employees, and volunteers,
2222	including the collection of associated fees.
2223	Section 46.  Paragraph (a) of subsection (1) of section
2224	381.60225, Florida Statutes, is amended to read:
2225	381.60225  Background screening.-
2226	(1)  Each applicant for certification must comply with the
2227	following requirements:
2228	(a)  Upon receipt of a completed, signed, and dated
2229	application, the Agency for Health Care Administration shall
2230	require background screening, in accordance with the level 2
2231	standards for screening set forth in chapter 435, of the
2232	managing employee, or other similarly titled individual
2233	responsible for the daily operation of the organization, agency,
2234	or entity, and financial officer, or other similarly titled
2235	individual who is responsible for the financial operation of the
2236	organization, agency, or entity, including billings for
2237	services. The applicant must comply with the procedures for
2238	level 2 background screening as set forth in chapter 435, as
2239	well as the requirements of s. 435.03(3).
2240	Section 47.  Subsection (32) of section 409.912, Florida
2241	Statutes, is amended to read:
2242	409.912  Cost-effective purchasing of health care.-The
2243	agency shall purchase goods and services for Medicaid recipients
2244	in the most cost-effective manner consistent with the delivery
2245	of quality medical care. To ensure that medical services are
2246	effectively utilized, the agency may, in any case, require a
2247	confirmation or second physician's opinion of the correct
2248	diagnosis for purposes of authorizing future services under the
2249	Medicaid program. This section does not restrict access to
2250	emergency services or poststabilization care services as defined
2251	in 42 C.F.R. part 438.114. Such confirmation or second opinion
2252	shall be rendered in a manner approved by the agency. The agency
2253	shall maximize the use of prepaid per capita and prepaid
2254	aggregate fixed-sum basis services when appropriate and other
2255	alternative service delivery and reimbursement methodologies,
2256	including competitive bidding pursuant to s. 287.057, designed
2257	to facilitate the cost-effective purchase of a case-managed
2258	continuum of care. The agency shall also require providers to
2259	minimize the exposure of recipients to the need for acute
2260	inpatient, custodial, and other institutional care and the
2261	inappropriate or unnecessary use of high-cost services. The
2262	agency shall contract with a vendor to monitor and evaluate the
2263	clinical practice patterns of providers in order to identify
2264	trends that are outside the normal practice patterns of a
2265	provider's professional peers or the national guidelines of a
2266	provider's professional association. The vendor must be able to
2267	provide information and counseling to a provider whose practice
2268	patterns are outside the norms, in consultation with the agency,
2269	to improve patient care and reduce inappropriate utilization.
2270	The agency may mandate prior authorization, drug therapy
2271	management, or disease management participation for certain
2272	populations of Medicaid beneficiaries, certain drug classes, or
2273	particular drugs to prevent fraud, abuse, overuse, and possible
2274	dangerous drug interactions. The Pharmaceutical and Therapeutics
2275	Committee shall make recommendations to the agency on drugs for
2276	which prior authorization is required. The agency shall inform
2277	the Pharmaceutical and Therapeutics Committee of its decisions
2278	regarding drugs subject to prior authorization. The agency is
2279	authorized to limit the entities it contracts with or enrolls as
2280	Medicaid providers by developing a provider network through
2281	provider credentialing. The agency may competitively bid single-
2282	source-provider contracts if procurement of goods or services
2283	results in demonstrated cost savings to the state without
2284	limiting access to care. The agency may limit its network based
2285	on the assessment of beneficiary access to care, provider
2286	availability, provider quality standards, time and distance
2287	standards for access to care, the cultural competence of the
2288	provider network, demographic characteristics of Medicaid
2289	beneficiaries, practice and provider-to-beneficiary standards,
2290	appointment wait times, beneficiary use of services, provider
2291	turnover, provider profiling, provider licensure history,
2292	previous program integrity investigations and findings, peer
2293	review, provider Medicaid policy and billing compliance records,
2294	clinical and medical record audits, and other factors. Providers
2295	shall not be entitled to enrollment in the Medicaid provider
2296	network. The agency shall determine instances in which allowing
2297	Medicaid beneficiaries to purchase durable medical equipment and
2298	other goods is less expensive to the Medicaid program than long-
2299	term rental of the equipment or goods. The agency may establish
2300	rules to facilitate purchases in lieu of long-term rentals in
2301	order to protect against fraud and abuse in the Medicaid program
2302	as defined in s. 409.913. The agency may seek federal waivers
2303	necessary to administer these policies.
2304	(32)  Each managed care plan that is under contract with
2305	the agency to provide health care services to Medicaid
2306	recipients shall annually conduct a background check with the
2307	Florida Department of Law Enforcement of all persons with
2308	ownership interest of 5 percent or more or executive management
2309	responsibility for the managed care plan and shall submit to the
2310	agency information concerning any such person who has been found
2311	guilty of, regardless of adjudication, or has entered a plea of
2312	nolo contendere or guilty to, any of the offenses listed in s.
2313	435.04 435.03.
2314	Section 48.  Paragraph (e) of subsection (1) of section
2315	464.018, Florida Statutes, is amended to read:
2316	464.018  Disciplinary actions.-
2317	(1)  The following acts constitute grounds for denial of a
2318	license or disciplinary action, as specified in s. 456.072(2):
2319	(e)  Having been found guilty of, regardless of
2320	adjudication, or entered a plea of nolo contendere or guilty to,
2321	any offense prohibited under s. 435.04 435.03 or under any
2322	similar statute of another jurisdiction; or having committed an
2323	act which constitutes domestic violence as defined in s. 741.28.
2324	Section 49.  Paragraph (m) of subsection (1) of section
2325	468.3101, Florida Statutes, is amended to read:
2326	468.3101  Disciplinary grounds and actions.-
2327	(1)  The department may make or require to be made any
2328	investigations, inspections, evaluations, and tests, and require
2329	the submission of any documents and statements, which it
2330	considers necessary to determine whether a violation of this
2331	part has occurred. The following acts shall be grounds for
2332	disciplinary action as set forth in this section:
2333	(m)  Having been found guilty of, regardless of
2334	adjudication, or pleading guilty or nolo contendere to, any
2335	offense prohibited under s. 435.04 435.03 or under any similar
2336	statute of another jurisdiction.
2337	Section 50.  Subsection (3) of section 744.309, Florida
2338	Statutes, is amended to read:
2339	744.309  Who may be appointed guardian of a resident ward.-
2340	(3)  DISQUALIFIED PERSONS.-No person who has been convicted
2341	of a felony or who, from any incapacity or illness, is incapable
2342	of discharging the duties of a guardian, or who is otherwise
2343	unsuitable to perform the duties of a guardian, shall be
2344	appointed to act as guardian. Further, no person who has been
2345	judicially determined to have committed abuse, abandonment, or
2346	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2347	(2), and (37), or who has been found guilty of, regardless of
2348	adjudication, or entered a plea of nolo contendere or guilty to,
2349	any offense prohibited under s. 435.04 435.03 or under any
2350	similar statute of another jurisdiction, shall be appointed to
2351	act as a guardian. Except as provided in subsection (5) or
2352	subsection (6), a person who provides substantial services to
2353	the proposed ward in a professional or business capacity, or a
2354	creditor of the proposed ward, may not be appointed guardian and
2355	retain that previous professional or business relationship. A
2356	person may not be appointed a guardian if he or she is in the
2357	employ of any person, agency, government, or corporation that
2358	provides service to the proposed ward in a professional or
2359	business capacity, except that a person so employed may be
2360	appointed if he or she is the spouse, adult child, parent, or
2361	sibling of the proposed ward or the court determines that the
2362	potential conflict of interest is insubstantial and that the
2363	appointment would clearly be in the proposed ward's best
2364	interest. The court may not appoint a guardian in any other
2365	circumstance in which a conflict of interest may occur.
2366	Section 51.  Subsection (12) of section 744.474, Florida
2367	Statutes, is amended to read:
2368	744.474  Reasons for removal of guardian.-A guardian may be
2369	removed for any of the following reasons, and the removal shall
2370	be in addition to any other penalties prescribed by law:
2371	(12)  Having been found guilty of, regardless of
2372	adjudication, or entered a plea of nolo contendere or guilty to,
2373	any offense prohibited under s. 435.04 435.03 or under any
2374	similar statute of another jurisdiction.
2375	Section 52.  Paragraph (a) of subsection (6) of section
2376	985.04, Florida Statutes, is amended to read:
2377	985.04  Oaths; records; confidential information.-
2378	(6)(a)  Records maintained by the department, including
2379	copies of records maintained by the court, which pertain to a
2380	child found to have committed a delinquent act which, if
2381	committed by an adult, would be a crime specified in s. ss.
2382	435.03 and 435.04 may not be destroyed under this section for a
2383	period of 25 years after the youth's final referral to the
2384	department, except in cases of the death of the child. Such
2385	records, however, shall be sealed by the court for use only in
2386	meeting the screening requirements for personnel in s. 402.3055
2387	and the other sections cited above, or under departmental rule;
2388	however, current criminal history information must be obtained
2389	from the Department of Law Enforcement in accordance with s.
2390	943.053. The information shall be released to those persons
2391	specified in the above cited sections for the purposes of
2392	complying with those sections. The court may punish by contempt
2393	any person who releases or uses the records for any unauthorized
2394	purpose.
2395	Section 53.  The changes made by this act are intended to
2396	be prospective in nature. It is not intended that persons who
2397	are employed or licensed on the effective date of this act be
2398	rescreened until such time as they are otherwise required to be
2399	rescreened pursuant to law, at which time they must meet the
2400	requirements for screening as set forth in this act.
2401	Section 54.  This act shall take effect July 1, 2010.

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