CS/HB 7069

1	A bill to be entitled
2	An act relating to background screening; amending s.
3	39.001, F.S.; revising an exemption from screening
4	requirements for volunteers; amending s.39.821, F.S.;
5	revising background screening requirements for the
6	Guardian Ad Litem Program; amending s. 215.5586, F.S.;
7	removing reference to chapter 435, F.S., for background
8	screening of hurricane mitigation inspectors; amending s.
9	393.0655, F.S.; revising an exemption from screening
10	requirements for volunteers, removing a temporary
11	exemption for direct service providers awaiting completion
12	of a background screening, and adding additional
13	disqualifying offenses for the screening of direct service
14	providers for persons with developmental disabilities;
15	amending s. 394.4572, F.S.; revising background screening
16	requirements for mental health personnel; amending s.
17	400.215, F.S.; revising background screening requirements
18	for nursing home personnel; amending s. 400.506, F.S.;
19	conforming provisions to changes made by the act; amending
20	s. 400.512, F.S.; revising background screening
21	requirements for home health agency personnel, nurse
22	registry personnel, and companions and homemakers;
23	amending s. 400.6065, F.S.; revising background screening
24	requirements for hospices; amending s. 400.801, F.S.;
25	revising background screening requirements for homes for
26	special services; amending s. 400.805, F.S.; revising
27	background screening requirements for transitional living
28	facilities; creating s. 400.9065, F.S.; providing
29	background screening requirements for prescribed pediatric
30	extended care centers; amending s. 400.934, F.S.; revising
31	minimum standards for home medical equipment providers;
32	amending s. 400.953, F.S.; revising background screening
33	requirements for home medical equipment providers;
34	repealing s. 400.955, F.S., relating to the procedures for
35	screening of home medical equipment provider personnel;
36	amending s. 400.964, F.S.; revising background screening
37	requirements for intermediate care facilities for
38	developmentally disabled persons; amending s. 400.980,
39	F.S.; revising background screening requirements for
40	health care services pools; amending s. 400.991, F.S.;
41	revising background screening requirements for health care
42	clinics; amending s. 408.806, F.S.; adding a requirement
43	for an affidavit relating to background screening to the
44	license application process under the Agency for Health
45	Care Administration; amending s. 408.808, F.S.; conforming
46	provisions to changes made by the act; amending s.
47	408.809, F.S.; revising background screening requirements
48	under the Agency for Health Care Administration; requiring
49	electronic submission of fingerprints; amending s.
50	402.302, F.S.; revising exemptions from screening
51	requirements for volunteers and students; amending s.
52	409.175, F.S.; revising an exemption from screening
53	requirements for volunteers; revising background screening
54	requirements for employees and volunteers in summer day
55	camps and summer 24-hour camps; repealing s. 409.1758,
56	F.S., relating to screening of summer camp personnel;
57	amending s. 409.221, F.S.; revising background screening
58	requirements for persons who render consumer-directed
59	care; amending s. 409.907, F.S.; revising background
60	screening requirements for Medicaid providers; amending s.
61	429.14, F.S.; revising administrative penalty provisions
62	relating to assisted living facilities; amending s.
63	429.174, F.S.; revising background screening requirements
64	for assisted living facilities; amending s. 429.67, F.S.;
65	revising licensure requirements for adult family-care
66	homes; amending s. 429.69, F.S.; revising background
67	screening requirements for adult family-care homes;
68	amending s. 429.911, F.S.; revising administrative penalty
69	provisions relating to adult day care centers; amending s.
70	429.919, F.S.; revising background screening requirements
71	for adult day care centers; creating s. 430.60, F.S.;
72	providing background screening requirements for direct
73	service providers under the Department of Elderly Affairs;
74	amending s. 435.01, F.S.; revising provisions related to
75	the applicability of the chapter, statutory references to
76	the chapter, and rulemaking; providing construction with
77	respect to the doctrine of incorporation by reference;
78	amending s. 435.02, F.S.; revising and adding definitions;
79	amending s. 435.03, F.S.; revising level 1 screening
80	standards; adding disqualifying offenses; amending s.
81	435.04, F.S.; revising level 2 screening standards;
82	requiring electronic submission of fingerprints after a
83	certain date; authorizing agencies to contract for
84	electronic fingerprinting; adding disqualifying offenses;
85	amending s. 435.05, F.S.; revising background check
86	requirements for covered employees and employers; amending
87	s. 435.06, F.S.; revising provisions relating to exclusion
88	from employment; providing that an employer may not hire,
89	select, or otherwise allow an employee contact with any
90	vulnerable person until the screening process is
91	completed; requiring removal of an employee arrested for
92	disqualifying offenses from roles requiring background
93	screening until the employee's eligibility for employment
94	is determined; amending s. 435.07, F.S.; revising
95	provisions relating to exemptions from disqualification;
96	providing that disqualification from employment may not be
97	removed from, nor an exemption be granted to, any person
98	who has been designated as a sexual predator, career
99	offender, or sexual offender; amending s. 435.08, F.S.;
100	revising provisions relating to the payment for processing
101	of fingerprints and criminal history records checks;
102	amending s. 456.039, F.S.; deleting language relating to
103	criminal history records checks of designated health care
104	professionals; amending s. 464.203, F.S.; conforming
105	provisions to changes made by the act; amending s.
106	489.115, F.S.; removing reference to chapter 435, F.S.,
107	for background screening of construction contractors;
108	amending s. 943.05, F.S.; revising provisions relating to
109	the Criminal Justice Information Program under the
110	Department of Law Enforcement; authorizing agencies to
111	request the retention of certain fingerprints by the
112	department; providing for rulemaking to require employers
113	to keep the agencies informed of any change in the
114	affiliation, employment, or contractual status of each
115	person whose fingerprints are retained in certain
116	circumstances; providing departmental duties upon
117	notification that a federal fingerprint retention program
118	is in effect; amending s. 943.053, F.S.; removing obsolete
119	references relating to the dissemination of criminal
120	justice information; amending s. 984.01, F.S.; revising an
121	exemption from screening requirements for volunteers with
122	programs for children; amending s. 985.644, F.S.; revising
123	background screening requirements for the Department of
124	Juvenile Justice; authorizing rulemaking; amending ss.
125	381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
126	and 985.04, F.S.; conforming provisions to changes made to
127	ch. 435, F.S., by this act; providing for prospective
128	application of the act; providing an effective date.
129
130	Be It Enacted by the Legislature of the State of Florida:
131
132	Section 1.  Paragraph (a) of subsection (2) of section
133	39.001, Florida Statutes, is amended to read:
134	39.001  Purposes and intent; personnel standards and
135	screening.-
136	(2)  DEPARTMENT CONTRACTS.-The department may contract with
137	the Federal Government, other state departments and agencies,
138	county and municipal governments and agencies, public and
139	private agencies, and private individuals and corporations in
140	carrying out the purposes of, and the responsibilities
141	established in, this chapter.
142	(a)  When the department contracts with a provider for any
143	program for children, all personnel, including owners,
144	operators, employees, and volunteers, in the facility must be of
145	good moral character. A volunteer who assists on an intermittent
146	basis for less than 10 40 hours per month need not be screened,
147	provided a person who meets the screening requirement of this
148	section is always present and has the volunteer within his or
149	her line of sight if the volunteer is under direct and constant
150	supervision by persons who meet the screening requirements.
151	Section 2.  Subsection (1) of section 39.821, Florida
152	Statutes, is amended to read:
153	39.821  Qualifications of guardians ad litem.-
154	(1)  Because of the special trust or responsibility placed
155	in a guardian ad litem, the Guardian Ad Litem Program may use
156	any private funds collected by the program, or any state funds
157	so designated, to conduct a security background investigation
158	before certifying a volunteer to serve. A security background
159	investigation must include, but need not be limited to,
160	employment history checks, checks of references, local criminal
161	history records checks through local law enforcement agencies,
162	and statewide criminal history records checks through the
163	Department of Law Enforcement. Upon request, an employer shall
164	furnish a copy of the personnel record for the employee or
165	former employee who is the subject of a security background
166	investigation conducted under this section. The information
167	contained in the personnel record may include, but need not be
168	limited to, disciplinary matters and the reason why the employee
169	was terminated from employment. An employer who releases a
170	personnel record for purposes of a security background
171	investigation is presumed to have acted in good faith and is not
172	liable for information contained in the record without a showing
173	that the employer maliciously falsified the record. A security
174	background investigation conducted under this section must
175	ensure that a person is not certified as a guardian ad litem if
176	the person has an arrest awaiting final disposition for, been
177	convicted of, regardless of adjudication, or entered a plea of
178	nolo contendere or guilty to, or has been adjudicated delinquent
179	and the record has not been sealed or expunged for, any offense
180	prohibited under the provisions listed in s. 435.04. All
181	applicants certified after July 1, 2010, must undergo a level 2
182	background screening pursuant to chapter 435 before being
183	certified the provisions of the Florida Statutes specified in s.
184	435.04(2) or under any similar law in another jurisdiction.
185	Before certifying an applicant to serve as a guardian ad litem,
186	the Guardian Ad Litem Program may request a federal criminal
187	records check of the applicant through the Federal Bureau of
188	Investigation. In analyzing and evaluating the information
189	obtained in the security background investigation, the program
190	must give particular emphasis to past activities involving
191	children, including, but not limited to, child-related criminal
192	offenses or child abuse. The program has the sole discretion in
193	determining whether to certify a person based on his or her
194	security background investigation. The information collected
195	pursuant to the security background investigation is
196	confidential and exempt from s. 119.07(1).
197	Section 3.  Paragraph (b) of subsection (1) of section
198	215.5586, Florida Statutes, is amended to read:
199	215.5586  My Safe Florida Home Program.-There is
200	established within the Department of Financial Services the My
201	Safe Florida Home Program. The department shall provide fiscal
202	accountability, contract management, and strategic leadership
203	for the program, consistent with this section. This section does
204	not create an entitlement for property owners or obligate the
205	state in any way to fund the inspection or retrofitting of
206	residential property in this state. Implementation of this
207	program is subject to annual legislative appropriations. It is
208	the intent of the Legislature that the My Safe Florida Home
209	Program provide trained and certified inspectors to perform
210	inspections for owners of site-built, single-family, residential
211	properties and grants to eligible applicants as funding allows.
212	The program shall develop and implement a comprehensive and
213	coordinated approach for hurricane damage mitigation that may
214	include the following:
215	(1)  HURRICANE MITIGATION INSPECTIONS.-
216	(b)  To qualify for selection by the department as a wind
217	certification entity to provide hurricane mitigation
218	inspections, the entity shall, at a minimum, meet the following
219	requirements:
220	1.  Use hurricane mitigation inspectors who:
221	a.  Are certified as a building inspector under s. 468.607;
222	b.  Are licensed as a general or residential contractor
223	under s. 489.111;
224	c.  Are licensed as a professional engineer under s.
225	471.015 and who have passed the appropriate equivalency test of
226	the building code training program as required by s. 553.841;
227	d.  Are licensed as a professional architect under s.
228	481.213; or
229	e.  Have at least 2 years of experience in residential
230	construction or residential building inspection and have
231	received specialized training in hurricane mitigation
232	procedures. Such training may be provided by a class offered
233	online or in person.
234	2.  Use hurricane mitigation inspectors who also:
235	a.  Have undergone drug testing and a level 2 background
236	screening checks pursuant to s. 435.04. The department may
237	conduct criminal history records record checks of inspectors
238	used by wind certification entities. Inspectors must submit a
239	set of the fingerprints to the department for state and national
240	criminal history records checks and must pay the fingerprint
241	processing fee set forth in s. 624.501. The fingerprints shall
242	be sent by the department to the Department of Law Enforcement
243	and forwarded to the Federal Bureau of Investigation for
244	processing. The results shall be returned to the department for
245	screening. The fingerprints shall be taken by a law enforcement
246	agency, designated examination center, or other department-
247	approved entity; and
248	b.  Have been certified, in a manner satisfactory to the
249	department, to conduct the inspections.
250	3.  Provide a quality assurance program including a
251	reinspection component.
252	Section 4.  Paragraphs (a) and (e) of subsection (1) of
253	section 393.0655, Florida Statutes, are amended, and subsection
254	(5) is added to that section, to read:
255	393.0655  Screening of direct service providers.-
256	(1)  MINIMUM STANDARDS.-The agency shall require level 2
257	employment screening pursuant to chapter 435 for direct service
258	providers who are unrelated to their clients, including support
259	coordinators, and managers and supervisors of residential
260	facilities or comprehensive transitional education programs
261	licensed under this chapter and any other person, including
262	volunteers, who provide care or services, who have access to a
263	client's living areas, or who have access to a client's funds or
264	personal property. Background screening shall include employment
265	history checks as provided in s. 435.03(1) and local criminal
266	records checks through local law enforcement agencies.
267	(a)  A volunteer who assists on an intermittent basis for
268	less than 10 40 hours per month does not have to be screened,
269	provided a person who meets the screening requirement of this
270	section is always present and has the volunteer within his or
271	her line of sight if the volunteer is under the direct and
272	constant visual supervision of persons who meet the screening
273	requirements of this section.
274	(e)  A direct service provider who is awaiting the
275	completion of background screening is temporarily exempt from
276	the screening requirements under this section if the provider is
277	under the direct and constant visual supervision of persons who
278	meet the screening requirements of this section. Such exemption
279	expires 90 days after the direct service provider first provides
280	care or services to clients, has access to a client's living
281	areas, or has access to a client's funds or personal property.
282	(5)  DISQUALIFYING OFFENSES.-The background screening
283	conducted under this section must ensure that, in addition to
284	the disqualifying offenses listed in s. 435.04, no person
285	subject to the provisions of this section has an arrest awaiting
286	final disposition for, has been found guilty of, regardless of
287	adjudication, has entered a plea of nolo contendere or guilty
288	to, or has been adjudicated delinquent and the record has not
289	been sealed or expunged for, any offense prohibited under any of
290	the following provisions of the Florida Statutes or under any
291	similar statute of another jurisdiction:
292	(a)  Any authorizing statutes, if the offense was a felony.
293	(b)  This chapter, if the offense was a felony.
294	(c)  Section 409.920, relating to Medicaid provider fraud.
295	(d)  Section 409.9201, relating to Medicaid fraud.
296	(e)  Section 817.034, relating to fraudulent acts through
297	mail, wire, radio, electromagnetic, photoelectronic, or
298	photooptical systems.
299	(f)  Section 817.234, relating to false and fraudulent
300	insurance claims.
301	(g)  Section 817.505, relating to patient brokering.
302	(h)  Section 817.568, relating to criminal use of personal
303	identification information.
304	(i)  Section 817.60, relating to obtaining a credit card
305	through fraudulent means.
306	(j)  Section 817.61, relating to fraudulent use of credit
307	cards, if the offense was a felony.
308	(k)  Section 831.01, relating to forgery.
309	(l)  Section 831.02, relating to uttering forged
310	instruments.
311	(m)  Section 831.07, relating to forging bank bills,
312	checks, drafts, or promissory notes.
313	(n)  Section 831.09, relating to uttering forged bank
314	bills, checks, drafts, or promissory notes.
315	Section 5.  Section 394.4572, Florida Statutes, is amended
316	to read:
317	394.4572  Screening of mental health personnel.-
318	(1)(a)  The department and the Agency for Health Care
319	Administration shall require level 2 background employment
320	screening pursuant to chapter 435 for mental health personnel
321	using the standards for level 2 screening set forth in chapter
322	435. "Mental health personnel" includes all program directors,
323	professional clinicians, staff members, and volunteers working
324	in public or private mental health programs and facilities who
325	have direct contact with individuals held for examination or
326	admitted for mental health treatment unmarried patients under
327	the age of 18 years. For purposes of this chapter, employment
328	screening of mental health personnel shall also include, but is
329	not limited to, employment screening as provided under chapter
330	435 and s. 408.809.
331	(b)  Students in the health care professions who are
332	interning in a mental health facility licensed under chapter
333	395, where the primary purpose of the facility is not the
334	treatment of minors, are exempt from the fingerprinting and
335	screening requirements, if provided they are under direct
336	supervision in the actual physical presence of a licensed health
337	care professional.
338	(c)  Mental health personnel working in a facility licensed
339	under chapter 395 who have less than 15 hours per week of direct
340	contact with patients or who are health care professionals
341	licensed by the Agency for Health Care Administration or a board
342	thereunder are exempt from the fingerprinting and screening
343	requirements, except for persons working in mental health
344	facilities where the primary purpose of the facility is the
345	treatment of minors.
346	(d)  A volunteer who assists on an intermittent basis for
347	less than 10 40 hours per month is exempt from the
348	fingerprinting and screening requirements, provided a person who
349	meets the screening requirement of paragraph (a) is always
350	present and has the volunteer within his or her line of sight
351	the volunteer is under direct and constant supervision by
352	persons who meet the screening requirements of paragraph (a).
353	(2)  The department or the Agency for Health Care
354	Administration may grant exemptions from disqualification as
355	provided in chapter 435 s. 435.06.
356	(3)  Prospective mental health personnel who have
357	previously been fingerprinted or screened pursuant to this
358	chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
359	or teachers who have been fingerprinted pursuant to chapter
360	1012, who have not been unemployed for more than 90 days
361	thereafter, and who under the penalty of perjury attest to the
362	completion of such fingerprinting or screening and to compliance
363	with the provisions of this section and the standards for level
364	1 screening contained in chapter 435, shall not be required to
365	be refingerprinted or rescreened in order to comply with any
366	screening requirements of this part.
367	Section 6.  Section 400.215, Florida Statutes, is amended
368	to read:
369	400.215  Personnel screening requirement.-
370	(1)  The agency shall require level 2 background screening
371	for personnel as required in s. 408.809(1)(e) pursuant to as
372	provided in chapter 435 and s. 408.809. for all employees or
373	prospective employees of facilities licensed under this part who
374	are expected to, or whose responsibilities may require them to:
375	(a)  Provide personal care or services to residents;
376	(b)  Have access to resident living areas; or
377	(c)  Have access to resident funds or other personal
378	property.
379	(2)  Employers and employees shall comply with the
380	requirements of s. 435.05.
381	(a)  Notwithstanding the provisions of s. 435.05(1),
382	facilities must have in their possession evidence that level 1
383	screening has been completed before allowing an employee to
384	begin working with patients as provided in subsection (1). All
385	information necessary for conducting background screening using
386	level 1 standards as specified in s. 435.03 shall be submitted
387	by the nursing facility to the agency. Results of the background
388	screening shall be provided by the agency to the requesting
389	nursing facility.
390	(b)  Employees qualified under the provisions of paragraph
391	(a) who have not maintained continuous residency within the
392	state for the 5 years immediately preceding the date of request
393	for background screening must complete level 2 screening, as
394	provided in chapter 435. Such employees may work in a
395	conditional status up to 180 days pending the receipt of written
396	findings evidencing the completion of level 2 screening. Level 2
397	screening shall not be required of employees or prospective
398	employees who attest in writing under penalty of perjury that
399	they meet the residency requirement. Completion of level 2
400	screening shall require the employee or prospective employee to
401	furnish to the nursing facility a full set of fingerprints to
402	enable a criminal background investigation to be conducted. The
403	nursing facility shall submit the completed fingerprint card to
404	the agency. The agency shall establish a record of the request
405	in the database provided for in paragraph (c) and forward the
406	request to the Department of Law Enforcement, which is
407	authorized to submit the fingerprints to the Federal Bureau of
408	Investigation for a national criminal history records check. The
409	results of the national criminal history records check shall be
410	returned to the agency, which shall maintain the results in the
411	database provided for in paragraph (c). The agency shall notify
412	the administrator of the requesting nursing facility or the
413	administrator of any other facility licensed under chapter 393,
414	chapter 394, chapter 395, chapter 397, chapter 429, or this
415	chapter, as requested by such facility, as to whether or not the
416	employee has qualified under level 1 or level 2 screening. An
417	employee or prospective employee who has qualified under level 2
418	screening and has maintained such continuous residency within
419	the state shall not be required to complete a subsequent level 2
420	screening as a condition of employment at another facility.
421	(c)  The agency shall establish and maintain a database of
422	background screening information which shall include the results
423	of both level 1 and level 2 screening. The Department of Law
424	Enforcement shall timely provide to the agency, electronically,
425	the results of each statewide screening for incorporation into
426	the database. The agency shall, upon request from any facility,
427	agency, or program required by or authorized by law to screen
428	its employees or applicants, notify the administrator of the
429	facility, agency, or program of the qualifying or disqualifying
430	status of the employee or applicant named in the request.
431	(d)  Applicants and employees shall be excluded from
432	employment pursuant to s. 435.06.
433	(3)  The applicant is responsible for paying the fees
434	associated with obtaining the required screening. Payment for
435	the screening shall be submitted to the agency. The agency shall
436	establish a schedule of fees to cover the costs of level 1 and
437	level 2 screening. Facilities may reimburse employees for these
438	costs. The Department of Law Enforcement shall charge the agency
439	for a level 1 or level 2 screening a rate sufficient to cover
440	the costs of such screening pursuant to s. 943.053(3). The
441	agency shall, as allowable, reimburse nursing facilities for the
442	cost of conducting background screening as required by this
443	section. This reimbursement will not be subject to any rate
444	ceilings or payment targets in the Medicaid Reimbursement plan.
445	(4)(a)  As provided in s. 435.07, the agency may grant an
446	exemption from disqualification to an employee or prospective
447	employee who is subject to this section and who has not received
448	a professional license or certification from the Department of
449	Health.
450	(b)  As provided in s. 435.07, the appropriate regulatory
451	board within the Department of Health, or that department itself
452	when there is no board, may grant an exemption from
453	disqualification to an employee or prospective employee who is
454	subject to this section and who has received a professional
455	license or certification from the Department of Health or a
456	regulatory board within that department.
457	(5)  Any provision of law to the contrary notwithstanding,
458	persons who have been screened and qualified as required by this
459	section and who have not been unemployed for more than 180 days
460	thereafter, and who under penalty of perjury attest to not
461	having been convicted of a disqualifying offense since the
462	completion of such screening, shall not be required to be
463	rescreened. An employer may obtain, pursuant to s. 435.10,
464	written verification of qualifying screening results from the
465	previous employer or other entity which caused such screening to
466	be performed.
467	(6)  The agency and the Department of Health shall have
468	authority to adopt rules pursuant to the Administrative
469	Procedure Act to implement this section.
470	(7)  All employees shall comply with the requirements of
471	this section by October 1, 1998. No current employee of a
472	nursing facility as of the effective date of this act shall be
473	required to submit to rescreening if the nursing facility has in
474	its possession written evidence that the person has been
475	screened and qualified according to level 1 standards as
476	specified in s. 435.03(1). Any current employee who meets the
477	level 1 requirement but does not meet the 5-year residency
478	requirement as specified in this section must provide to the
479	employing nursing facility written attestation under penalty of
480	perjury that the employee has not been convicted of a
481	disqualifying offense in another state or jurisdiction. All
482	applicants hired on or after October 1, 1998, shall comply with
483	the requirements of this section.
484	(8)  There is no monetary or unemployment liability on the
485	part of, and no cause of action for damages arising against an
486	employer that, upon notice of a disqualifying offense listed
487	under chapter 435 or an act of domestic violence, terminates the
488	employee against whom the report was issued, whether or not the
489	employee has filed for an exemption with the Department of
490	Health or the Agency for Health Care Administration.
491	Section 7.  Subsection (9) of section 400.506, Florida
492	Statutes, is amended to read:
493	400.506  Licensure of nurse registries; requirements;
494	penalties.-
495	(9)  Each nurse registry must comply with the background
496	screening requirements procedures set forth in s. 400.512 for
497	maintaining records of the work history of all persons referred
498	for contract and is subject to the standards and conditions set
499	forth in that section. However, an initial screening may not be
500	required for persons who have been continuously registered with
501	the nurse registry since October 1, 2000.
502	Section 8.  Section 400.512, Florida Statutes, is amended
503	to read:
504	400.512  Screening of home health agency personnel; nurse
505	registry personnel; and companions and homemakers.-The agency
506	shall require level 2 background screening for personnel as
507	required in s. 408.809(1)(e) pursuant to chapter 435 and s.
508	408.809 employment or contractor screening as provided in
509	chapter 435, using the level 1 standards for screening set forth
510	in that chapter, for home health agency personnel; persons
511	referred for employment by nurse registries; and persons
512	employed by companion or homemaker services registered under s.
513	400.509.
514	(1)(a)  The Agency for Health Care Administration may, upon
515	request, grant exemptions from disqualification from employment
516	or contracting under this section as provided in s. 435.07,
517	except for health care practitioners licensed by the Department
518	of Health or a regulatory board within that department.
519	(b)  The appropriate regulatory board within the Department
520	of Health, or that department itself when there is no board,
521	may, upon request of the licensed health care practitioner,
522	grant exemptions from disqualification from employment or
523	contracting under this section as provided in s. 435.07.
524	(2)  The administrator of each home health agency, the
525	managing employee of each nurse registry, and the managing
526	employee of each companion or homemaker service registered under
527	s. 400.509 must sign an affidavit annually, under penalty of
528	perjury, stating that all personnel hired or contracted with or
529	registered on or after October 1, 2000, who enter the home of a
530	patient or client in their service capacity have been screened.
531	(3)  As a prerequisite to operating as a home health
532	agency, nurse registry, or companion or homemaker service under
533	s. 400.509, the administrator or managing employee,
534	respectively, must submit to the agency his or her name and any
535	other information necessary to conduct a complete screening
536	according to this section. The agency shall submit the
537	information to the Department of Law Enforcement for state
538	processing. The agency shall review the record of the
539	administrator or manager with respect to the offenses specified
540	in this section and shall notify the owner of its findings. If
541	disposition information is missing on a criminal record, the
542	administrator or manager, upon request of the agency, must
543	obtain and supply within 30 days the missing disposition
544	information to the agency. Failure to supply missing information
545	within 30 days or to show reasonable efforts to obtain such
546	information will result in automatic disqualification.
547	(4)  Proof of compliance with the screening requirements of
548	chapter 435 shall be accepted in lieu of the requirements of
549	this section if the person has been continuously employed or
550	registered without a breach in service that exceeds 180 days,
551	the proof of compliance is not more than 2 years old, and the
552	person has been screened by the Department of Law Enforcement. A
553	home health agency, nurse registry, or companion or homemaker
554	service registered under s. 400.509 shall directly provide proof
555	of compliance to another home health agency, nurse registry, or
556	companion or homemaker service registered under s. 400.509. The
557	recipient home health agency, nurse registry, or companion or
558	homemaker service registered under s. 400.509 may not accept any
559	proof of compliance directly from the person who requires
560	screening. Proof of compliance with the screening requirements
561	of this section shall be provided upon request to the person
562	screened by the home health agencies; nurse registries; or
563	companion or homemaker services registered under s. 400.509.
564	(5)  There is no monetary liability on the part of, and no
565	cause of action for damages arises against, a licensed home
566	health agency, licensed nurse registry, or companion or
567	homemaker service registered under s. 400.509, that, upon notice
568	that the employee or contractor has been found guilty of,
569	regardless of adjudication, or entered a plea of nolo contendere
570	or guilty to, any offense prohibited under s. 435.03 or under
571	any similar statute of another jurisdiction, terminates the
572	employee or contractor, whether or not the employee or
573	contractor has filed for an exemption with the agency in
574	accordance with chapter 435 and whether or not the time for
575	filing has expired.
576	(6)  The costs of processing the statewide correspondence
577	criminal records checks must be borne by the home health agency;
578	the nurse registry; or the companion or homemaker service
579	registered under s. 400.509, or by the person being screened, at
580	the discretion of the home health agency, nurse registry, or s.
581	400.509 registrant.
582	Section 9.  Section 400.6065, Florida Statutes, is amended
583	to read:
584	400.6065  Background screening.-The agency shall require
585	level 2 background employment or contractor screening for
586	personnel as required in s. 408.809(1)(e) pursuant to chapter
587	435 and s. 408.809 as provided in chapter 435, using the level 1
588	standards for screening set forth in that chapter, for hospice
589	personnel.
590	Section 10.  Subsection (2) of section 400.801, Florida
591	Statutes, is amended to read:
592	400.801  Homes for special services.-
593	(2)(a)  The requirements of part II of chapter 408 apply to
594	the provision of services that require licensure pursuant to
595	this section and part II of chapter 408 and entities licensed by
596	or applying for such licensure from the agency pursuant to this
597	section. A license issued by the agency is required in order to
598	operate a home for special services in this state.
599	(b)  The agency shall require level 2 background screening
600	for personnel as required in s. 408.809(1)(e) pursuant to
601	chapter 435 and s. 408.809.
602	Section 11.  Paragraph (d) is added to subsection (2) of
603	section 400.805, Florida Statutes, to read:
604	400.805  Transitional living facilities.-
605	(2)
606	(d)  The agency shall require level 2 background screening
607	for personnel as required in s. 408.809(1)(e) pursuant to
608	chapter 435 and s. 408.809.
609	Section 12.  Section 400.9065, Florida Statutes, is created
610	to read:
611	400.9065  Background screening.-The agency shall require
612	level 2 background screening for personnel as required in s.
613	408.809(1)(e) pursuant to chapter 435 and s. 408.809.
614	Section 13.  Subsection (16) of section 400.934, Florida
615	Statutes, is amended to read:
616	400.934  Minimum standards.-As a requirement of licensure,
617	home medical equipment providers shall:
618	(16)  Establish procedures for maintaining a record of the
619	employment history, including background screening as required
620	by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
621	medical equipment provider personnel. A home medical equipment
622	provider must require its personnel to submit an employment
623	history to the home medical equipment provider and must verify
624	the employment history for at least the previous 5 years, unless
625	through diligent efforts such verification is not possible.
626	There is no monetary liability on the part of, and no cause of
627	action for damages arising against a former employer, a
628	prospective employee, or a prospective independent contractor
629	with a licensed home medical equipment provider, who reasonably
630	and in good faith communicates his or her honest opinions about
631	a former employee's job performance. This subsection does not
632	affect the official immunity of an officer or employee of a
633	public corporation.
634	Section 14.  Section 400.953, Florida Statutes, is amended
635	to read:
636	400.953  Background screening of home medical equipment
637	provider personnel.-The agency shall require level 2 background
638	screening for personnel as required in s. 408.809(1)(e) pursuant
639	to chapter 435 and s. 408.809 employment screening as provided
640	in chapter 435, using the level 1 standards for screening set
641	forth in that chapter, for home medical equipment provider
642	personnel.
643	(1)  The agency may grant exemptions from disqualification
644	from employment under this section as provided in s. 435.07.
645	(2)  The general manager of each home medical equipment
646	provider must sign an affidavit annually, under penalty of
647	perjury, stating that all home medical equipment provider
648	personnel hired on or after July 1, 1999, who enter the home of
649	a patient in the capacity of their employment have been screened
650	and that its remaining personnel have worked for the home
651	medical equipment provider continuously since before July 1,
652	1999.
653	(3)  Proof of compliance with the screening requirements of
654	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
655	s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
656	must be accepted in lieu of the requirements of this section if
657	the person has been continuously employed in the same type of
658	occupation for which he or she is seeking employment without a
659	breach in service that exceeds 180 days, the proof of compliance
660	is not more than 2 years old, and the person has been screened
661	by the Department of Law Enforcement. An employer or contractor
662	shall directly provide proof of compliance to another employer
663	or contractor, and a potential employer or contractor may not
664	accept any proof of compliance directly from the person
665	requiring screening. Proof of compliance with the screening
666	requirements of this section shall be provided, upon request, to
667	the person screened by the home medical equipment provider.
668	(4)  There is no monetary liability on the part of, and no
669	cause of action for damages arising against, a licensed home
670	medical equipment provider that, upon notice that an employee
671	has been found guilty of, regardless of adjudication, or entered
672	a plea of nolo contendere or guilty to, any offense prohibited
673	under s. 435.03 or under any similar statute of another
674	jurisdiction, terminates the employee, whether or not the
675	employee has filed for an exemption with the agency and whether
676	or not the time for filing has expired.
677	(5)  The costs of processing the statewide correspondence
678	criminal records checks must be borne by the home medical
679	equipment provider or by the person being screened, at the
680	discretion of the home medical equipment provider.
681	(6)  Neither the agency nor the home medical equipment
682	provider may use the criminal records or juvenile records of a
683	person for any purpose other than determining whether that
684	person meets minimum standards of good moral character for home
685	medical equipment provider personnel.
686	(7)(a)  It is a misdemeanor of the first degree, punishable
687	as provided in s. 775.082 or s. 775.083, for any person
688	willfully, knowingly, or intentionally to:
689	1.  Fail, by false statement, misrepresentation,
690	impersonation, or other fraudulent means, to disclose in any
691	application for paid employment a material fact used in making a
692	determination as to the person's qualifications to be an
693	employee under this section;
694	2.  Operate or attempt to operate an entity licensed under
695	this part with persons who do not meet the minimum standards for
696	good moral character as contained in this section; or
697	3.  Use information from the criminal records obtained
698	under this section for any purpose other than screening that
699	person for employment as specified in this section, or release
700	such information to any other person for any purpose other than
701	screening for employment under this section.
702	(b)  It is a felony of the third degree, punishable as
703	provided in s. 775.082, s. 775.083, or s. 775.084, for any
704	person willfully, knowingly, or intentionally to use information
705	from the juvenile records of a person obtained under this
706	section for any purpose other than screening for employment
707	under this section.
708	Section 15.  Section 400.955, Florida Statutes, is
709	repealed.
710	Section 16.  Section 400.964, Florida Statutes, is amended
711	to read:
712	400.964  Personnel screening requirement.-
713	(1)  The agency shall require level 2 background screening
714	for personnel as required in s. 408.809(1)(e) pursuant to
715	chapter 435 and s. 408.809 as provided in chapter 435 for all
716	employees or prospective employees of facilities licensed under
717	this part who are expected to be, or whose responsibilities are
718	such that they would be considered to be, a direct service
719	provider.
720	(2)  Employers and employees shall comply with the
721	requirements of chapter 435.
722	(3)  Applicants and employees shall be excluded from
723	employment pursuant to s. 435.06.
724	(4)  The applicant is responsible for paying the fees
725	associated with obtaining the required screening. Payment for
726	the screening must be submitted to the agency as prescribed by
727	the agency.
728	(5)  Notwithstanding any other provision of law, persons
729	who have been screened and qualified as required by this section
730	and who have not been unemployed for more than 180 days
731	thereafter, and who under penalty of perjury attest to not
732	having been convicted of a disqualifying offense since the
733	completion of such screening are not required to be rescreened.
734	An employer may obtain, pursuant to s. 435.10, written
735	verification of qualifying screening results from the previous
736	employer or other entity that caused such screening to be
737	performed.
738	(6)  The agency may adopt rules to administer this section.
739	(7)  All employees must comply with the requirements of
740	this section by October 1, 2000. A person employed by a facility
741	licensed pursuant to this part as of the effective date of this
742	act is not required to submit to rescreening if the facility has
743	in its possession written evidence that the person has been
744	screened and qualified according to level 1 standards as
745	specified in s. 435.03. Any current employee who meets the level
746	1 requirement but does not meet the 5-year residency requirement
747	must provide to the employing facility written attestation under
748	penalty of perjury that the employee has not been convicted of a
749	disqualifying offense in another state or jurisdiction. All
750	applicants hired on or after October 1, 1999, must comply with
751	the requirements of this section.
752	(8)  There is no monetary or unemployment liability on the
753	part of, and no cause of action for damages arises against an
754	employer that, upon notice of a disqualifying offense listed
755	under chapter 435 or an act of domestic violence, terminates the
756	employee, whether or not the employee has filed for an exemption
757	with the Department of Health or the Agency for Health Care
758	Administration.
759	Section 17.  Subsection (3) of section 400.980, Florida
760	Statutes, is amended to read:
761	400.980  Health care services pools.-
762	(3)  Upon receipt of a completed, signed, and dated
763	application, The agency shall require level 2 background
764	screening for personnel as required in s. 408.809(1)(e) pursuant
765	to chapter 435 and s. 408.809, in accordance with the level 1
766	standards for screening set forth in chapter 435, of every
767	individual who will have contact with patients.
768	Section 18.  Subsection (5) of section 400.991, Florida
769	Statutes, is amended to read:
770	400.991  License requirements; background screenings;
771	prohibitions.-
772	(5)  Each applicant for licensure shall comply with the
773	following requirements:
774	(a)  As used in this subsection, the term "applicant" means
775	individuals owning or controlling, directly or indirectly, 5
776	percent or more of an interest in a clinic; the medical or
777	clinic director, or a similarly titled person who is responsible
778	for the day-to-day operation of the licensed clinic; the
779	financial officer or similarly titled individual who is
780	responsible for the financial operation of the clinic; and
781	licensed health care practitioners at the clinic.
782	(b)  Upon receipt of a completed, signed, and dated
783	application, The agency shall require level 2 background
784	screening for applicants and personnel as required in s.
785	408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
786	applicant, in accordance with the level 2 standards for
787	screening set forth in chapter 435. Proof of compliance with the
788	level 2 background screening requirements of chapter 435 which
789	has been submitted within the previous 5 years in compliance
790	with any other health care licensure requirements of this state
791	is acceptable in fulfillment of this paragraph. Applicants who
792	own less than 10 percent of a health care clinic are not
793	required to submit fingerprints under this section.
794	(c)  Each applicant must submit to the agency, with the
795	application, a description and explanation of any exclusions,
796	permanent suspensions, or terminations of an applicant from the
797	Medicare or Medicaid programs. Proof of compliance with the
798	requirements for disclosure of ownership and control interest
799	under the Medicaid or Medicare programs may be accepted in lieu
800	of this submission. The description and explanation may indicate
801	whether such exclusions, suspensions, or terminations were
802	voluntary or not voluntary on the part of the applicant.
803	(d)  A license may not be granted to a clinic if the
804	applicant has been found guilty of, regardless of adjudication,
805	or has entered a plea of nolo contendere or guilty to, any
806	offense prohibited under the level 2 standards for screening set
807	forth in chapter 435, or a violation of insurance fraud under s.
808	817.234, within the past 5 years. If the applicant has been
809	convicted of an offense prohibited under the level 2 standards
810	or insurance fraud in any jurisdiction, the applicant must show
811	that his or her civil rights have been restored prior to
812	submitting an application.
813	Section 19.  Paragraph (h) is added to subsection (1) of
814	section 408.806, Florida Statutes, to read:
815	408.806  License application process.-
816	(1)  An application for licensure must be made to the
817	agency on forms furnished by the agency, submitted under oath,
818	and accompanied by the appropriate fee in order to be accepted
819	and considered timely. The application must contain information
820	required by authorizing statutes and applicable rules and must
821	include:
822	(h)  An affidavit, under penalty of perjury, as required in
823	s. 435.05(3), stating compliance with the provisions of this
824	section and chapter 435.
825	Section 20.  Subsection (2) of section 408.808, Florida
826	Statutes, is amended to read:
827	408.808  License categories.-
828	(2)  PROVISIONAL LICENSE.-A provisional license may be
829	issued to an applicant pursuant to s. 408.809(3). An applicant
830	against whom a proceeding denying or revoking a license is
831	pending at the time of license renewal may be issued a
832	provisional license effective until final action not subject to
833	further appeal. A provisional license may also be issued to an
834	applicant applying for a change of ownership. A provisional
835	license shall be limited in duration to a specific period of
836	time, not to exceed 12 months, as determined by the agency.
837	Section 21.  Section 408.809, Florida Statutes, is amended
838	to read:
839	408.809  Background screening; prohibited offenses.-
840	(1)  Level 2 background screening pursuant to chapter 435
841	must be conducted through the agency on each of the following
842	persons, who shall be considered an employee for the purposes of
843	conducting screening under chapter 435:
844	(a)  The licensee, if an individual.
845	(b)  The administrator or a similarly titled person who is
846	responsible for the day-to-day operation of the provider.
847	(c)  The financial officer or similarly titled individual
848	who is responsible for the financial operation of the licensee
849	or provider.
850	(d)  Any person who is a controlling interest if the agency
851	has reason to believe that such person has been convicted of any
852	offense prohibited by s. 435.04. For each controlling interest
853	who has been convicted of any such offense, the licensee shall
854	submit to the agency a description and explanation of the
855	conviction at the time of license application.
856	(e)  Any person, as required by authorizing statutes,
857	seeking employment with a licensee or provider who is expected
858	to, or whose responsibilities may require him or her to, provide
859	personal care or services directly to clients or have access to
860	client funds, personal property, or living areas; and any
861	person, as required by authorizing statutes, contracting with a
862	licensee or provider whose responsibilities require him or her
863	to provide personal care or personal services directly to
864	clients. Evidence of contractor screening may be retained by the
865	contractor's employer or the licensee.
866	(2)  Every 5 years following his or her licensure,
867	employment, or entry into a contract in a capacity that under
868	subsection (1) would require level 2 background screening under
869	chapter 435, each such person must submit to level 2 background
870	rescreening as a condition of retaining such license or
871	continuing in such employment or contractual status. For any
872	such rescreening, the agency shall request the Department of Law
873	Enforcement to forward the person's fingerprints to the Federal
874	Bureau of Investigation for a national criminal history records
875	check. If the fingerprints of such a person are not retained by
876	the Department of Law Enforcement under s. 943.05(2)(g), the
877	person must file a complete set of fingerprints with the agency
878	and the agency shall forward the fingerprints to the Department
879	of Law Enforcement for state processing and the Department of
880	Law Enforcement shall forward the fingerprints to the Federal
881	Bureau of Investigation for national processing. The
882	fingerprints may be retained by the Department of Law
883	Enforcement under s. 943.05(2)(g). The cost of the state and
884	national criminal history records checks required by level 2
885	screening may be borne by the licensee or the person
886	fingerprinted. Proof of compliance with level 2 screening
887	standards submitted within the previous 5 years to meet any
888	provider or professional licensure requirements of the agency,
889	the Department of Health, the Agency for Persons with
890	Disabilities, or the Department of Children and Family Services,
891	or the Department of Financial Services for an applicant for a
892	certificate of authority or provisional certificate of authority
893	to operate a continuing care retirement community under chapter
894	651 satisfies the requirements of this section, provided the
895	person subject to screening has not been unemployed for more
896	than 90 consecutive days and that such proof is accompanied,
897	under penalty of perjury, by an affidavit of compliance with the
898	provisions of chapter 435 and this section using forms provided
899	by the agency. Proof of compliance with the background screening
900	requirements of the Department of Financial Services submitted
901	within the previous 5 years for an applicant for a certificate
902	of authority to operate a continuing care retirement community
903	under chapter 651 satisfies the Department of Law Enforcement
904	and Federal Bureau of Investigation portions of a level 2
905	background check.
906	(3)  All fingerprints must be provided in electronic
907	format. Screening results shall be reviewed by the agency with
908	respect to the offenses specified in s. 435.04 and this section
909	and the qualifying or disqualifying status of the person named
910	in the request shall be maintained in a database. The qualifying
911	or disqualifying status of the person named in the request shall
912	be posted on a secure website for retrieval by the licensee or a
913	designated agent on the licensee's behalf. A provisional license
914	may be granted to an applicant when each individual required by
915	this section to undergo background screening has met the
916	standards for the Department of Law Enforcement background check
917	but the agency has not yet received background screening results
918	from the Federal Bureau of Investigation. A standard license may
919	be granted to the licensee upon the agency's receipt of a report
920	of the results of the Federal Bureau of Investigation background
921	screening for each individual required by this section to
922	undergo background screening that confirms that all standards
923	have been met or upon the granting of an exemption from
924	disqualification by the agency as set forth in chapter 435.
925	(4)  When a person is newly employed in a capacity that
926	requires screening under this section, the licensee must notify
927	the agency of the change within the time period specified in the
928	authorizing statute or rules and must submit to the agency
929	information necessary to conduct level 2 screening or provide
930	evidence of compliance with background screening requirements of
931	this section. The person may serve in his or her capacity
932	pending the agency's receipt of the report from the Federal
933	Bureau of Investigation if he or she has met the standards for
934	the Department of Law Enforcement background check. However, the
935	person may not continue to serve in his or her capacity if the
936	report indicates any violation of background screening standards
937	unless an exemption from disqualification has been granted by
938	the agency as set forth in chapter 435.
939	(4)(5)  Effective October 1, 2009, In addition to the
940	offenses listed in s. ss. 435.03 and 435.04, all persons
941	required to undergo background screening pursuant to this part
942	or authorizing statutes must not have an arrest awaiting final
943	disposition for, been found guilty of, regardless of
944	adjudication, or entered a plea of nolo contendere or guilty to,
945	or have been adjudicated delinquent and the record has not been
946	sealed or expunged for, any of the following offenses or any
947	similar offense of another jurisdiction:
948	(a)  Any authorizing statutes, if the offense was a felony.
949	(b)  This chapter, if the offense was a felony.
950	(c)  Section 409.920, relating to Medicaid provider fraud,
951	if the offense was a felony.
952	(d)  Section 409.9201, relating to Medicaid fraud, if the
953	offense was a felony.
954	(e)  Section 741.28, relating to domestic violence.
955	(f)  Chapter 784, relating to assault, battery, and
956	culpable negligence, if the offense was a felony.
957	(g)  Section 810.02, relating to burglary.
958	(f)(h)  Section 817.034, relating to fraudulent acts
959	through mail, wire, radio, electromagnetic, photoelectronic, or
960	photooptical systems.
961	(g)(i)  Section 817.234, relating to false and fraudulent
962	insurance claims.
963	(h)(j)  Section 817.505, relating to patient brokering.
964	(i)(k)  Section 817.568, relating to criminal use of
965	personal identification information.
966	(j)(l)  Section 817.60, relating to obtaining a credit card
967	through fraudulent means.
968	(k)(m)  Section 817.61, relating to fraudulent use of
969	credit cards, if the offense was a felony.
970	(l)(n)  Section 831.01, relating to forgery.
971	(m)(o)  Section 831.02, relating to uttering forged
972	instruments.
973	(n)(p)  Section 831.07, relating to forging bank bills,
974	checks, drafts, or promissory notes.
975	(o)(q)  Section 831.09, relating to uttering forged bank
976	bills, checks, drafts, or promissory notes.
977	(p)(r)  Section 831.30, relating to fraud in obtaining
978	medicinal drugs.
979	(q)(s)  Section 831.31, relating to the sale, manufacture,
980	delivery, or possession with the intent to sell, manufacture, or
981	deliver any counterfeit controlled substance, if the offense was
982	a felony.
983
984	A person who serves as a controlling interest of, or is employed
985	by, or contracts with a licensee on June 30, 2010 September 30,
986	2009, who has been screened and qualified according to standards
987	specified in s. 435.03 or s. 435.04 must be rescreened by June
988	30, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
989	and 120.54 to establish a schedule to stagger the implementation
990	of the required rescreening over the 5-year period starting June
991	30, 2010, through June 30, 2015. If upon rescreening, is not
992	required by law to submit to rescreening if that licensee has in
993	its possession written evidence that the person has been
994	screened and qualified according to the standards specified in
995	s. 435.03 or s. 435.04. However, if such person has a
996	disqualifying offense that was not a disqualifying offense at
997	the time of the last screening, but is now a disqualifying
998	offense and was committed prior to the last screening listed in
999	this section, he or she may apply for an exemption from the
1000	appropriate licensing agency before September 30, 2009, and, if
1001	agreed to by the employer, may continue to perform his or her
1002	duties until the licensing agency renders a decision on the
1003	application for exemption as long as the person is eligible to
1004	apply for an exemption and the exemption request is received by
1005	the agency within 30 days after receipt of the rescreening
1006	results by the person for offenses listed in this section.
1007	Exemptions from disqualification may be granted pursuant to s.
1008	435.07.
1009	(5)(6)  The costs associated with obtaining the required
1010	screening must be borne either by the licensee or the person
1011	subject to screening. Licensees may reimburse persons for these
1012	costs. The Department of Law Enforcement shall charge the agency
1013	for screening pursuant to s. 943.053(3). The agency shall
1014	establish a schedule of fees to cover the costs of screening The
1015	attestations required under ss. 435.04(5) and 435.05(3) must be
1016	submitted at the time of license renewal, notwithstanding the
1017	provisions of ss. 435.04(5) and 435.05(3) which require annual
1018	submission of an affidavit of compliance with background
1019	screening requirements.
1020	(6)(a)  As provided in chapter 435, the agency may grant an
1021	exemption from disqualification to a person who is subject to
1022	this section and who:
1023	1.  Has not received a professional license or
1024	certification from the Department of Health; or
1025	2.  Has received a professional license or certification
1026	from the Department of Health but is not providing a service
1027	within the scope of that license or certification.
1028	(b)  As provided in chapter 435, the appropriate regulatory
1029	board within the Department of Health, or the department itself
1030	when there is no board, may grant an exemption from
1031	disqualification to a person who is subject to this section and
1032	who has received a professional license or certification from
1033	the Department of Health or a regulatory board within that
1034	department and that person is providing a service within the
1035	scope of his or her licensed or certified practice.
1036	(7)  The agency and the Department of Health may adopt
1037	rules pursuant to ss. 120.536(1) and 120.54 to implement this
1038	section, chapter 435, and authorizing statutes requiring
1039	background screening and to implement and adopt criteria
1040	relating to retaining fingerprints pursuant to s. 943.05(2).
1041	(8)  There is no unemployment compensation or other
1042	monetary liability on the part of, and no cause of action for
1043	damages arising against, an employer that, upon notice of a
1044	disqualifying offense listed under chapter 435 or this section,
1045	terminates the person against whom the report was issued,
1046	whether or not that person has filed for an exemption with the
1047	Department of Health or the agency.
1048	Section 22.  Subsection (3) of section 402.302, Florida
1049	Statutes, is amended to read:
1050	402.302  Definitions.-
1051	(3)  "Child care personnel" means all owners, operators,
1052	employees, and volunteers working in a child care facility. The
1053	term does not include persons who work in a child care facility
1054	after hours when children are not present or parents of children
1055	in Head Start. For purposes of screening, the term includes any
1056	member, over the age of 12 years, of a child care facility
1057	operator's family, or person, over the age of 12 years, residing
1058	with a child care facility operator if the child care facility
1059	is located in or adjacent to the home of the operator or if the
1060	family member of, or person residing with, the child care
1061	facility operator has any direct contact with the children in
1062	the facility during its hours of operation. Members of the
1063	operator's family or persons residing with the operator who are
1064	between the ages of 12 years and 18 years shall not be required
1065	to be fingerprinted but shall be screened for delinquency
1066	records. For purposes of screening, the term shall also include
1067	persons who work in child care programs which provide care for
1068	children 15 hours or more each week in public or nonpublic
1069	schools, summer day camps, family day care homes, or those
1070	programs otherwise exempted under s. 402.316. The term does not
1071	include public or nonpublic school personnel who are providing
1072	care during regular school hours, or after hours for activities
1073	related to a school's program for grades kindergarten through
1074	12. A volunteer who assists on an intermittent basis for less
1075	than 10 40 hours per month is not included in the term
1076	"personnel" for the purposes of screening and training, provided
1077	a person who meets the screening requirement of s. 402.305(2) is
1078	always present and has the volunteer in his or her line of sight
1079	that the volunteer is under direct and constant supervision by
1080	persons who meet the personnel requirements of s. 402.305(2).
1081	Students who observe and participate in a child care facility as
1082	a part of their required coursework shall not be considered
1083	child care personnel, provided such observation and
1084	participation are on an intermittent basis and a person who
1085	meets the screening requirement of s. 402.305(2) is always
1086	present and has the student in his or her line of sight the
1087	students are under direct and constant supervision of child care
1088	personnel.
1089	Section 23.  Paragraphs (i) and (k) of subsection (2) of
1090	section 409.175, Florida Statutes, are amended to read:
1091	409.175  Licensure of family foster homes, residential
1092	child-caring agencies, and child-placing agencies; public
1093	records exemption.-
1094	(2)  As used in this section, the term:
1095	(i)  "Personnel" means all owners, operators, employees,
1096	and volunteers working in a child-placing agency, family foster
1097	home, or residential child-caring agency who may be employed by
1098	or do volunteer work for a person, corporation, or agency which
1099	holds a license as a child-placing agency or a residential
1100	child-caring agency, but the term does not include those who do
1101	not work on the premises where child care is furnished and
1102	either have no direct contact with a child or have no contact
1103	with a child outside of the presence of the child's parent or
1104	guardian. For purposes of screening, the term shall include any
1105	member, over the age of 12 years, of the family of the owner or
1106	operator or any person other than a client, over the age of 12
1107	years, residing with the owner or operator if the agency or
1108	family foster home is located in or adjacent to the home of the
1109	owner or operator or if the family member of, or person residing
1110	with, the owner or operator has any direct contact with the
1111	children. Members of the family of the owner or operator, or
1112	persons residing with the owner or operator, who are between the
1113	ages of 12 years and 18 years shall not be required to be
1114	fingerprinted, but shall be screened for delinquency records.
1115	For purposes of screening, the term "personnel" shall also
1116	include owners, operators, employees, and volunteers working in
1117	summer day camps, or summer 24-hour camps providing care for
1118	children. A volunteer who assists on an intermittent basis for
1119	less than 10 40 hours per month shall not be included in the
1120	term "personnel" for the purposes of screening, provided a
1121	person who meets the screening requirement of this section is
1122	always present and has the volunteer in his or her line of sight
1123	that the volunteer is under direct and constant supervision by
1124	persons who meet the personnel requirements of this section.
1125	(k)  "Screening" means the act of assessing the background
1126	of personnel and includes, but is not limited to, employment
1127	history checks as provided in chapter 435, using the level 2
1128	standards for screening set forth in that chapter. Screening for
1129	employees and volunteers in summer day camps and summer 24-hour
1130	camps and screening for all volunteers included under the
1131	definition of "personnel" shall be conducted as provided in
1132	chapter 435, using the level 1 standards set forth in that
1133	chapter.
1134	Section 24.  Section 409.1758, Florida Statutes, is
1135	repealed.
1136	Section 25.  Paragraph (i) of subsection (4) of section
1137	409.221, Florida Statutes, is amended to read:
1138	409.221  Consumer-directed care program.-
1139	(4)  CONSUMER-DIRECTED CARE.-
1140	(i)  Background screening requirements.-All persons who
1141	render care under this section must undergo level 2 background
1142	screening pursuant to chapter 435 shall comply with the
1143	requirements of s. 435.05. Persons shall be excluded from
1144	employment pursuant to s. 435.06.
1145	1.  Persons excluded from employment may request an
1146	exemption from disqualification, as provided in s. 435.07.
1147	Persons not subject to certification or professional licensure
1148	may request an exemption from the agency. In considering a
1149	request for an exemption, the agency shall comply with the
1150	provisions of s. 435.07.
1151	2.  The agency shall, as allowable, reimburse consumer-
1152	employed caregivers for the cost of conducting background
1153	screening as required by this section.
1154
1155	For purposes of this section, a person who has undergone
1156	screening, who is qualified for employment under this section
1157	and applicable rule, and who has not been unemployed for more
1158	than 90 180 days following such screening is not required to be
1159	rescreened. Such person must attest under penalty of perjury to
1160	not having been convicted of a disqualifying offense since
1161	completing such screening.
1162	Section 26.  Subsection (8) of section 409.907, Florida
1163	Statutes, is amended to read:
1164	409.907  Medicaid provider agreements.-The agency may make
1165	payments for medical assistance and related services rendered to
1166	Medicaid recipients only to an individual or entity who has a
1167	provider agreement in effect with the agency, who is performing
1168	services or supplying goods in accordance with federal, state,
1169	and local law, and who agrees that no person shall, on the
1170	grounds of handicap, race, color, or national origin, or for any
1171	other reason, be subjected to discrimination under any program
1172	or activity for which the provider receives payment from the
1173	agency.
1174	(8)(a)  Each provider, or each principal of the provider if
1175	the provider is a corporation, partnership, association, or
1176	other entity, seeking to participate in the Medicaid program
1177	must submit a complete set of his or her fingerprints to the
1178	agency for the purpose of conducting a criminal history records
1179	record check. Principals of the provider include any officer,
1180	director, billing agent, managing employee, or affiliated
1181	person, or any partner or shareholder who has an ownership
1182	interest equal to 5 percent or more in the provider. However, a
1183	director of a not-for-profit corporation or organization is not
1184	a principal for purposes of a background investigation as
1185	required by this section if the director: serves solely in a
1186	voluntary capacity for the corporation or organization, does not
1187	regularly take part in the day-to-day operational decisions of
1188	the corporation or organization, receives no remuneration from
1189	the not-for-profit corporation or organization for his or her
1190	service on the board of directors, has no financial interest in
1191	the not-for-profit corporation or organization, and has no
1192	family members with a financial interest in the not-for-profit
1193	corporation or organization; and if the director submits an
1194	affidavit, under penalty of perjury, to this effect to the
1195	agency and the not-for-profit corporation or organization
1196	submits an affidavit, under penalty of perjury, to this effect
1197	to the agency as part of the corporation's or organization's
1198	Medicaid provider agreement application. Notwithstanding the
1199	above, the agency may require a background check for any person
1200	reasonably suspected by the agency to have been convicted of a
1201	crime. This subsection shall not apply to:
1202	1.  A hospital licensed under chapter 395;
1203	2.  A nursing home licensed under chapter 400;
1204	3.  A hospice licensed under chapter 400;
1205	4.  An assisted living facility licensed under chapter 429;
1206	5.  A unit of local government, except that requirements of
1207	this subsection apply to nongovernmental providers and entities
1208	when contracting with the local government to provide Medicaid
1209	services. The actual cost of the state and national criminal
1210	history records record checks must be borne by the
1211	nongovernmental provider or entity; or
1212	6.  Any business that derives more than 50 percent of its
1213	revenue from the sale of goods to the final consumer, and the
1214	business or its controlling parent either is required to file a
1215	form 10-K or other similar statement with the Securities and
1216	Exchange Commission or has a net worth of $50 million or more.
1217	(b)  Background screening shall be conducted in accordance
1218	with chapter 435 and s. 408.809 The agency shall submit the
1219	fingerprints to the Department of Law Enforcement. The
1220	department shall conduct a state criminal-background
1221	investigation and forward the fingerprints to the Federal Bureau
1222	of Investigation for a national criminal-history record check.
1223	The cost of the state and national criminal history records
1224	record check shall be borne by the provider.
1225	(c)  The agency may permit a provider to participate in the
1226	Medicaid program pending the results of the criminal record
1227	check. However, such permission is fully revocable if the record
1228	check reveals any crime-related history as provided in
1229	subsection (10).
1230	(d)  Proof of compliance with the requirements of level 2
1231	screening under chapter 435 s. 435.04 conducted within 12 months
1232	prior to the date that the Medicaid provider application is
1233	submitted to the agency shall fulfill the requirements of this
1234	subsection. Proof of compliance with the requirements of level 1
1235	screening under s. 435.03 conducted within 12 months prior to
1236	the date that the Medicaid provider application is submitted to
1237	the agency shall meet the requirement that the Department of Law
1238	Enforcement conduct a state criminal history record check.
1239	Section 27.  Subsection (1) of section 429.14, Florida
1240	Statutes, is amended to read:
1241	429.14  Administrative penalties.-
1242	(1)  In addition to the requirements of part II of chapter
1243	408, the agency may deny, revoke, and suspend any license issued
1244	under this part and impose an administrative fine in the manner
1245	provided in chapter 120 against a licensee of an assisted living
1246	facility for a violation of any provision of this part, part II
1247	of chapter 408, or applicable rules, or for any of the following
1248	actions by a licensee of an assisted living facility, for the
1249	actions of any person subject to level 2 background screening
1250	under s. 408.809, or for the actions of any facility employee:
1251	(a)  An intentional or negligent act seriously affecting
1252	the health, safety, or welfare of a resident of the facility.
1253	(b)  The determination by the agency that the owner lacks
1254	the financial ability to provide continuing adequate care to
1255	residents.
1256	(c)  Misappropriation or conversion of the property of a
1257	resident of the facility.
1258	(d)  Failure to follow the criteria and procedures provided
1259	under part I of chapter 394 relating to the transportation,
1260	voluntary admission, and involuntary examination of a facility
1261	resident.
1262	(e)  A citation of any of the following deficiencies as
1263	specified in s. 429.19:
1264	1.  One or more cited class I deficiencies.
1265	2.  Three or more cited class II deficiencies.
1266	3.  Five or more cited class III deficiencies that have
1267	been cited on a single survey and have not been corrected within
1268	the times specified.
1269	(f)  Failure to comply with the A determination that a
1270	person subject to level 2 background screening under s. 408.809
1271	does not meet the screening standards of this part, s.
1272	408.809(1), chapter 435 s. 435.04 or that the facility is
1273	retaining an employee subject to level 1 background screening
1274	standards under s. 429.174 who does not meet the screening
1275	standards of s. 435.03 and for whom exemptions from
1276	disqualification have not been provided by the agency.
1277	(g)  A determination that an employee, volunteer,
1278	administrator, or owner, or person who otherwise has access to
1279	the residents of a facility does not meet the criteria specified
1280	in s. 435.03(2), and the owner or administrator has not taken
1281	action to remove the person. Exemptions from disqualification
1282	may be granted as set forth in s. 435.07. No administrative
1283	action may be taken against the facility if the person is
1284	granted an exemption.
1285	(h)  Violation of a moratorium.
1286	(h)(i)  Failure of the license applicant, the licensee
1287	during relicensure, or a licensee that holds a provisional
1288	license to meet the minimum license requirements of this part,
1289	or related rules, at the time of license application or renewal.
1290	(i)(j)  An intentional or negligent life-threatening act in
1291	violation of the uniform firesafety standards for assisted
1292	living facilities or other firesafety standards that threatens
1293	the health, safety, or welfare of a resident of a facility, as
1294	communicated to the agency by the local authority having
1295	jurisdiction or the State Fire Marshal.
1296	(j)(k)  Knowingly operating any unlicensed facility or
1297	providing without a license any service that must be licensed
1298	under this chapter or chapter 400.
1299	(k)(l)  Any act constituting a ground upon which
1300	application for a license may be denied.
1301	Section 28.  Section 429.174, Florida Statutes, is amended
1302	to read:
1303	429.174  Background screening; exemptions.-The agency shall
1304	require level 2 background screening for personnel as required
1305	in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1306	owner or administrator of an assisted living facility must
1307	conduct level 1 background screening, as set forth in chapter
1308	435, on all employees hired on or after October 1, 1998, who
1309	perform personal services as defined in s. 429.02(16). The
1310	agency may exempt an individual from employment disqualification
1311	as set forth in chapter 435. Such persons shall be considered as
1312	having met this requirement if:
1313	(1)  Proof of compliance with level 1 screening
1314	requirements obtained to meet any professional license
1315	requirements in this state is provided and accompanied, under
1316	penalty of perjury, by a copy of the person's current
1317	professional license and an affidavit of current compliance with
1318	the background screening requirements.
1319	(2)  The person required to be screened has been
1320	continuously employed in the same type of occupation for which
1321	the person is seeking employment without a breach in service
1322	which exceeds 180 days, and proof of compliance with the level 1
1323	screening requirement which is no more than 2 years old is
1324	provided. Proof of compliance shall be provided directly from
1325	one employer or contractor to another, and not from the person
1326	screened. Upon request, a copy of screening results shall be
1327	provided by the employer retaining documentation of the
1328	screening to the person screened.
1329	(3)  The person required to be screened is employed by a
1330	corporation or business entity or related corporation or
1331	business entity that owns, operates, or manages more than one
1332	facility or agency licensed under this chapter, and for whom a
1333	level 1 screening was conducted by the corporation or business
1334	entity as a condition of initial or continued employment.
1335	Section 29.  Subsection (4) of section 429.67, Florida
1336	Statutes, is amended to read:
1337	429.67  Licensure.-
1338	(4)  Upon receipt of a completed license application or
1339	license renewal, and the fee, The agency shall require level 2
1340	initiate a level 1 background screening for personnel as
1341	required in s. 408.809(1)(e), including as provided under
1342	chapter 435 on the adult family-care home provider, the
1343	designated relief person, and all adult household members,
1344	pursuant to chapter 435 and s. 408.809, and all staff members.
1345	(a)  Proof of compliance with level 1 screening standards
1346	which has been submitted within the previous 5 years to meet any
1347	facility or professional licensure requirements of the agency or
1348	the Department of Health satisfies the requirements of this
1349	subsection. Such proof must be accompanied, under penalty of
1350	perjury, by a copy of the person's current professional license
1351	and an affidavit of current compliance with the background
1352	screening requirements.
1353	(b)  The person required to be screened must have been
1354	continuously employed in the same type of occupation for which
1355	the person is seeking employment without a breach in service
1356	that exceeds 180 days, and proof of compliance with the level 1
1357	screening requirement which is no more than 2 years old must be
1358	provided. Proof of compliance shall be provided directly from
1359	one employer or contractor to another, and not from the person
1360	screened. Upon request, a copy of screening results shall be
1361	provided to the person screened by the employer retaining
1362	documentation of the screening.
1363	Section 30.  Section 429.69, Florida Statutes, is amended
1364	to read:
1365	429.69  Denial, revocation, and suspension of a license.-In
1366	addition to the requirements of part II of chapter 408, the
1367	agency may deny, suspend, and revoke a license for any of the
1368	following reasons:
1369	(1)  Failure to comply with the of any of the persons
1370	required to undergo background screening standards of this part,
1371	s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1372	1 screening standards of s. 435.03, unless an exemption from
1373	disqualification has been provided by the agency.
1374	(2)  Failure to correct cited fire code violations that
1375	threaten the health, safety, or welfare of residents.
1376	Section 31.  Paragraph (c) of subsection (2) of section
1377	429.911, Florida Statutes, is amended to read:
1378	429.911  Denial, suspension, revocation of license;
1379	emergency action; administrative fines; investigations and
1380	inspections.-
1381	(2)  Each of the following actions by the owner of an adult
1382	day care center or by its operator or employee is a ground for
1383	action by the agency against the owner of the center or its
1384	operator or employee:
1385	(c)  A Failure to comply with the of persons subject to
1386	level 2 background screening standards of this part, s.
1387	408.809(1), or chapter 435 under s. 408.809 to meet the
1388	screening standards of s. 435.04, or the retention by the center
1389	of an employee subject to level 1 background screening standards
1390	under s. 429.174 who does not meet the screening standards of s.
1391	435.03 and for whom exemptions from disqualification have not
1392	been provided by the agency.
1393	Section 32.  Section 429.919, Florida Statutes, is amended
1394	to read:
1395	429.919  Background screening.-The agency shall require
1396	level 2 background screening for personnel as required in s.
1397	408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1398	or administrator of an adult day care center must conduct level
1399	1 background screening as set forth in chapter 435 on all
1400	employees hired on or after October 1, 1998, who provide basic
1401	services or supportive and optional services to the
1402	participants. Such persons satisfy this requirement if:
1403	(1)  Proof of compliance with level 1 screening
1404	requirements obtained to meet any professional license
1405	requirements in this state is provided and accompanied, under
1406	penalty of perjury, by a copy of the person's current
1407	professional license and an affidavit of current compliance with
1408	the background screening requirements.
1409	(2)  The person required to be screened has been
1410	continuously employed, without a breach in service that exceeds
1411	180 days, in the same type of occupation for which the person is
1412	seeking employment and provides proof of compliance with the
1413	level 1 screening requirement which is no more than 2 years old.
1414	Proof of compliance must be provided directly from one employer
1415	or contractor to another, and not from the person screened. Upon
1416	request, a copy of screening results shall be provided to the
1417	person screened by the employer retaining documentation of the
1418	screening.
1419	(3)  The person required to be screened is employed by a
1420	corporation or business entity or related corporation or
1421	business entity that owns, operates, or manages more than one
1422	facility or agency licensed under chapter 400 or this chapter,
1423	and for whom a level 1 screening was conducted by the
1424	corporation or business entity as a condition of initial or
1425	continued employment.
1426	Section 33.  Section 430.60, Florida Statutes, is created
1427	to read:
1428	430.60  Screening of direct service providers.-
1429	(1)(a)  Level 2 background screening pursuant to chapter
1430	435 is required for direct service providers. Background
1431	screening shall include employment history checks as provided in
1432	s. 435.03(1) and local criminal history records checks through
1433	local law enforcement agencies.
1434	(b)  For purposes of this section, the term "direct service
1435	provider" means a person 18 years of age or older who has
1436	direct, face-to-face contact with a client while providing
1437	services to the client and has access to the client's living
1438	areas or to the client's funds or personal property. The term
1439	includes coordinators, managers, and supervisors of residential
1440	facilities and volunteers.
1441	(2)  Licensed physicians, nurses, or other professionals
1442	licensed by the Department of Health are not subject to
1443	background screening pursuant to this section if they are
1444	providing a service that is within the scope of their licensed
1445	practice.
1446	(3)  Refusal on the part of an employer to dismiss a
1447	manager, supervisor, or direct service provider who has been
1448	found to be in noncompliance with standards of this section
1449	shall result in the automatic denial, termination, or revocation
1450	of the license or certification, rate agreement, purchase order,
1451	or contract, in addition to any other remedies authorized by
1452	law.
1453	(4)  The background screening conducted pursuant to this
1454	section must ensure that, in addition to the disqualifying
1455	offenses listed in s. 435.04, no person subject to the
1456	provisions of this section has an arrest awaiting final
1457	disposition for, has been found guilty of, regardless of
1458	adjudication, has entered a plea of nolo contendere or guilty
1459	to, or has been adjudicated delinquent and the record has not
1460	been sealed or expunged for, any offense prohibited under any of
1461	the following provisions of the Florida Statutes or under any
1462	similar statute of another jurisdiction:
1463	(a)  Any authorizing statutes, if the offense was a felony.
1464	(b)  Section 409.920, relating to Medicaid provider fraud.
1465	(c)  Section 409.9201, relating to Medicaid fraud.
1466	(d)  Section 817.034, relating to fraudulent acts through
1467	mail, wire, radio, electromagnetic, photoelectronic, or
1468	photooptical systems.
1469	(e)  Section 817.234, relating to false and fraudulent
1470	insurance claims.
1471	(f)  Section 817.505, relating to patient brokering.
1472	(g)  Section 817.568, relating to criminal use of personal
1473	identification information.
1474	(h)  Section 817.60, relating to obtaining a credit card
1475	through fraudulent means.
1476	(i)  Section 817.61, relating to fraudulent use of credit
1477	cards, if the offense was a felony.
1478	(j)  Section 831.01, relating to forgery.
1479	(k)  Section 831.02, relating to uttering forged
1480	instruments.
1481	(l)  Section 831.07, relating to forging bank bills,
1482	checks, drafts, or promissory notes.
1483	(m)  Section 831.09, relating to uttering forged bank
1484	bills, checks, drafts, or promissory notes.
1485	Section 34.  Section 435.01, Florida Statutes, is amended
1486	to read:
1487	435.01  Applicability of this chapter; statutory
1488	references; rulemaking.-
1489	(1)(a)  Unless otherwise provided by law, whenever a
1490	background screening for employment or a background security
1491	check is required by law to be conducted pursuant to this
1492	chapter for employment, unless otherwise provided by law, the
1493	provisions of this chapter shall apply.
1494	(b)  Unless expressly provided otherwise, a reference in
1495	any section of the Florida Statutes to chapter 435 or to any
1496	section or sections or portion of a section of chapter 435
1497	includes, and shall be understood as including, all subsequent
1498	amendments to chapter 435 or to the referenced section or
1499	sections or portions of a section. The purpose of this chapter
1500	is to facilitate uniform background screening and, to this end,
1501	a reference to this chapter, or to any section or subdivision
1502	within this chapter, constitutes a general reference under the
1503	doctrine of incorporation by reference.
1504	(2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1505	and 120.54 necessary to implement the provisions of this
1506	chapter.
1507	Section 35.  Section 435.02, Florida Statutes, is amended
1508	to read:
1509	435.02  Definitions.-For the purposes of this chapter, the
1510	term:
1511	(1)(3)  "Licensing Agency" means any state, or county, or
1512	municipal agency that which grants licenses or registration
1513	permitting the operation of an employer or is itself an employer
1514	or that otherwise facilitates the screening of employees
1515	pursuant to this chapter. When there is no state licensing
1516	agency or the municipal or county licensing agency chooses not
1517	to conduct employment screening, "licensing agency" means the
1518	Department of Children and Family Services.
1519	(2)(1)  "Employee" means any person required by law to be
1520	screened pursuant to the provisions of this chapter.
1521	(3)(2)  "Employer" means any person or entity required by
1522	law to conduct screening of employees pursuant to this chapter.
1523	(4)  "Employment" means any activity or service sought to
1524	be performed by an employee that requires the employee to be
1525	subject to screening pursuant to this chapter.
1526	(5)  "Vulnerable person" means a minor or a vulnerable
1527	adult as defined in s. 415.102.
1528	Section 36.  Section 435.03, Florida Statutes, is amended
1529	to read:
1530	435.03  Level 1 screening standards.-
1531	(1)  All employees required by law to be screened pursuant
1532	to this section must shall be required to undergo background
1533	screening as a condition of employment and continued employment
1534	that includes. For the purposes of this subsection, level 1
1535	screenings shall include, but need not be limited to, employment
1536	history checks, and statewide criminal correspondence checks
1537	through the Florida Department of Law Enforcement, a check of
1538	the Dru Sjodin National Sex Offender Registry, and may include
1539	local criminal history records checks through local law
1540	enforcement agencies.
1541	(2)  Any person required by law to be screened pursuant to
1542	this section must not have an arrest awaiting final disposition
1543	for, for whom employment screening is required by statute must
1544	not have been found guilty of, regardless of adjudication, or
1545	entered a plea of nolo contendere or guilty to, or have been
1546	adjudicated delinquent and the record has not been sealed or
1547	expunged for, any offense prohibited under any provision of s.
1548	435.04(2) of the following provisions of the Florida Statutes or
1549	under any similar statute of another jurisdiction.:
1550	(a)  Section 393.135, relating to sexual misconduct with
1551	certain developmentally disabled clients and reporting of such
1552	sexual misconduct.
1553	(b)  Section 394.4593, relating to sexual misconduct with
1554	certain mental health patients and reporting of such sexual
1555	misconduct.
1556	(c)  Section 415.111, relating to abuse, neglect, or
1557	exploitation of a vulnerable adult.
1558	(d)  Section 782.04, relating to murder.
1559	(e)  Section 782.07, relating to manslaughter, aggravated
1560	manslaughter of an elderly person or disabled adult, or
1561	aggravated manslaughter of a child.
1562	(f)  Section 782.071, relating to vehicular homicide.
1563	(g)  Section 782.09, relating to killing of an unborn quick
1564	child by injury to the mother.
1565	(h)  Section 784.011, relating to assault, if the victim of
1566	the offense was a minor.
1567	(i)  Section 784.021, relating to aggravated assault.
1568	(j)  Section 784.03, relating to battery, if the victim of
1569	the offense was a minor.
1570	(k)  Section 784.045, relating to aggravated battery.
1571	(l)  Section 787.01, relating to kidnapping.
1572	(m)  Section 787.02, relating to false imprisonment.
1573	(n)  Section 794.011, relating to sexual battery.
1574	(o)  Former s. 794.041, relating to prohibited acts of
1575	persons in familial or custodial authority.
1576	(p)  Chapter 796, relating to prostitution.
1577	(q)  Section 798.02, relating to lewd and lascivious
1578	behavior.
1579	(r)  Chapter 800, relating to lewdness and indecent
1580	exposure.
1581	(s)  Section 806.01, relating to arson.
1582	(t)  Chapter 812, relating to theft, robbery, and related
1583	crimes, if the offense was a felony.
1584	(u)  Section 817.563, relating to fraudulent sale of
1585	controlled substances, only if the offense was a felony.
1586	(v)  Section 825.102, relating to abuse, aggravated abuse,
1587	or neglect of an elderly person or disabled adult.
1588	(w)  Section 825.1025, relating to lewd or lascivious
1589	offenses committed upon or in the presence of an elderly person
1590	or disabled adult.
1591	(x)  Section 825.103, relating to exploitation of an
1592	elderly person or disabled adult, if the offense was a felony.
1593	(y)  Section 826.04, relating to incest.
1594	(z)  Section 827.03, relating to child abuse, aggravated
1595	child abuse, or neglect of a child.
1596	(aa)  Section 827.04, relating to contributing to the
1597	delinquency or dependency of a child.
1598	(bb)  Former s. 827.05, relating to negligent treatment of
1599	children.
1600	(cc)  Section 827.071, relating to sexual performance by a
1601	child.
1602	(dd)  Chapter 847, relating to obscene literature.
1603	(ee)  Chapter 893, relating to drug abuse prevention and
1604	control, only if the offense was a felony or if any other person
1605	involved in the offense was a minor.
1606	(ff)  Section 916.1075, relating to sexual misconduct with
1607	certain forensic clients and reporting of such sexual
1608	misconduct.
1609	(3)  The security background investigations under this
1610	section must ensure that no person subject to the provisions of
1611	this section has been found guilty of, regardless of
1612	adjudication, or entered a plea of nolo contendere or guilty to,
1613	any offense that constitutes domestic violence as defined in s.
1614	741.28, whether such act was committed in this state or in
1615	another jurisdiction. Standards must also ensure that the
1616	person:
1617	(a)  For employees and employers licensed or registered
1618	pursuant to chapter 400 or chapter 429, and for employees and
1619	employers of developmental disabilities centers as defined in s.
1620	393.063, intermediate care facilities for the developmentally
1621	disabled as defined in s. 400.960, and mental health treatment
1622	facilities as defined in s. 394.455, meets the requirements of
1623	this chapter.
1624	(b)  Has not committed an act that constitutes domestic
1625	violence as defined in s. 741.28.
1626	Section 37.  Section 435.04, Florida Statutes, is amended
1627	to read:
1628	435.04  Level 2 screening standards.-
1629	(1)(a)  All employees required by law to be screened
1630	pursuant to this section must in positions designated by law as
1631	positions of trust or responsibility shall be required to
1632	undergo security background investigations as a condition of
1633	employment and continued employment that includes. For the
1634	purposes of this subsection, security background investigations
1635	shall include, but need not be limited to, fingerprinting for
1636	statewide criminal history records all purposes and checks in
1637	this subsection, statewide criminal and juvenile records checks
1638	through the Florida Department of Law Enforcement, and national
1639	federal criminal history records checks through the Federal
1640	Bureau of Investigation, and may include local criminal history
1641	records checks through local law enforcement agencies.
1642	(b)  Fingerprints submitted pursuant to this section on or
1643	after July 1, 2012, must be submitted electronically to the
1644	Department of Law Enforcement.
1645	(c)  An agency may contract with one or more vendors to
1646	perform all or part of the electronic fingerprinting pursuant to
1647	this section. Such contracts must ensure that the owners and
1648	personnel of the vendor performing the electronic fingerprinting
1649	are qualified and will ensure the integrity and security of all
1650	personal information.
1651	(d)  An agency may require by rule adopted pursuant to
1652	chapter 120 that fingerprints submitted pursuant to this section
1653	must be submitted electronically to the Department of Law
1654	Enforcement on a date earlier than July 1, 2012.
1655	(2)  The security background investigations under this
1656	section must ensure that no persons subject to the provisions of
1657	this section have been arrested for and are awaiting final
1658	disposition of, have been found guilty of, regardless of
1659	adjudication, or entered a plea of nolo contendere or guilty to,
1660	or have been adjudicated delinquent and the record has not been
1661	sealed or expunged for, any offense prohibited under any of the
1662	following provisions of the Florida Statutes or under any
1663	similar statute of another jurisdiction:
1664	(a)  Section 393.135, relating to sexual misconduct with
1665	certain developmentally disabled clients and reporting of such
1666	sexual misconduct.
1667	(b)  Section 394.4593, relating to sexual misconduct with
1668	certain mental health patients and reporting of such sexual
1669	misconduct.
1670	(c)  Section 415.111, relating to adult abuse, neglect, or
1671	exploitation of aged persons or disabled adults.
1672	(d)  Section 782.04, relating to murder.
1673	(e)  Section 782.07, relating to manslaughter, aggravated
1674	manslaughter of an elderly person or disabled adult, or
1675	aggravated manslaughter of a child.
1676	(f)  Section 782.071, relating to vehicular homicide.
1677	(g)  Section 782.09, relating to killing of an unborn quick
1678	child by injury to the mother.
1679	(h)  Chapter 784, relating to assault, battery, and
1680	culpable negligence, if the offense was a felony.
1681	(i)(h)  Section 784.011, relating to assault, if the victim
1682	of the offense was a minor.
1683	(i)  Section 784.021, relating to aggravated assault.
1684	(j)  Section 784.03, relating to battery, if the victim of
1685	the offense was a minor.
1686	(k)  Section 784.045, relating to aggravated battery.
1687	(l)  Section 784.075, relating to battery on a detention or
1688	commitment facility staff.
1689	(k)(m)  Section 787.01, relating to kidnapping.
1690	(l)(n)  Section 787.02, relating to false imprisonment.
1691	(m)  Section 787.025, relating to luring or enticing a
1692	child.
1693	(n)(o)  Section 787.04(2), relating to taking, enticing, or
1694	removing a child beyond the state limits with criminal intent
1695	pending custody proceedings.
1696	(o)(p)  Section 787.04(3), relating to carrying a child
1697	beyond the state lines with criminal intent to avoid producing a
1698	child at a custody hearing or delivering the child to the
1699	designated person.
1700	(p)(q)  Section 790.115(1), relating to exhibiting firearms
1701	or weapons within 1,000 feet of a school.
1702	(q)(r)  Section 790.115(2)(b), relating to possessing an
1703	electric weapon or device, destructive device, or other weapon
1704	on school property.
1705	(r)(s)  Section 794.011, relating to sexual battery.
1706	(s)(t)  Former s. 794.041, relating to prohibited acts of
1707	persons in familial or custodial authority.
1708	(t)  Section 794.05, relating to unlawful sexual activity
1709	with certain minors.
1710	(u)  Chapter 796, relating to prostitution.
1711	(v)  Section 798.02, relating to lewd and lascivious
1712	behavior.
1713	(w)  Chapter 800, relating to lewdness and indecent
1714	exposure.
1715	(x)  Section 806.01, relating to arson.
1716	(y)  Section 810.02, relating to burglary.
1717	(z)  Section 810.14, relating to voyeurism, if the offense
1718	is a felony.
1719	(aa)  Section 810.145, relating to video voyeurism, if the
1720	offense is a felony.
1721	(bb)(y)  Chapter 812, relating to theft, robbery, and
1722	related crimes, if the offense is a felony.
1723	(cc)(z)  Section 817.563, relating to fraudulent sale of
1724	controlled substances, only if the offense was a felony.
1725	(dd)(aa)  Section 825.102, relating to abuse, aggravated
1726	abuse, or neglect of an elderly person or disabled adult.
1727	(ee)(bb)  Section 825.1025, relating to lewd or lascivious
1728	offenses committed upon or in the presence of an elderly person
1729	or disabled adult.
1730	(ff)(cc)  Section 825.103, relating to exploitation of an
1731	elderly person or disabled adult, if the offense was a felony.
1732	(gg)(dd)  Section 826.04, relating to incest.
1733	(hh)(ee)  Section 827.03, relating to child abuse,
1734	aggravated child abuse, or neglect of a child.
1735	(ii)(ff)  Section 827.04, relating to contributing to the
1736	delinquency or dependency of a child.
1737	(jj)(gg)  Former s. 827.05, relating to negligent treatment
1738	of children.
1739	(kk)(hh)  Section 827.071, relating to sexual performance
1740	by a child.
1741	(ll)(ii)  Section 843.01, relating to resisting arrest with
1742	violence.
1743	(mm)(jj)  Section 843.025, relating to depriving a law
1744	enforcement, correctional, or correctional probation officer
1745	means of protection or communication.
1746	(nn)(kk)  Section 843.12, relating to aiding in an escape.
1747	(oo)(ll)  Section 843.13, relating to aiding in the escape
1748	of juvenile inmates in correctional institutions.
1749	(pp)(mm)  Chapter 847, relating to obscene literature.
1750	(qq)(nn)  Section 874.05(1), relating to encouraging or
1751	recruiting another to join a criminal gang.
1752	(rr)(oo)  Chapter 893, relating to drug abuse prevention
1753	and control, only if the offense was a felony or if any other
1754	person involved in the offense was a minor.
1755	(ss)(pp)  Section 916.1075, relating to sexual misconduct
1756	with certain forensic clients and reporting of such sexual
1757	misconduct.
1758	(tt)(qq)  Section 944.35(3), relating to inflicting cruel
1759	or inhuman treatment on an inmate resulting in great bodily
1760	harm.
1761	(uu)  Section 944.40, relating to escape.
1762	(vv)(rr)  Section 944.46, relating to harboring,
1763	concealing, or aiding an escaped prisoner.
1764	(ww)(ss)  Section 944.47, relating to introduction of
1765	contraband into a correctional facility.
1766	(xx)(tt)  Section 985.701, relating to sexual misconduct in
1767	juvenile justice programs.
1768	(yy)(uu)  Section 985.711, relating to contraband
1769	introduced into detention facilities.
1770	(3)  The security background investigations under this
1771	section must ensure that no person subject to this section has
1772	been found guilty of, regardless of adjudication, or entered a
1773	plea of nolo contendere or guilty to, any offense that
1774	constitutes domestic violence as defined in s. 741.28, whether
1775	such act was committed in this state or in another jurisdiction.
1776	The security background investigations conducted under this
1777	section for employees of the Department of Juvenile Justice must
1778	ensure that no persons subject to the provisions of this section
1779	have been found guilty of, regardless of adjudication, or
1780	entered a plea of nolo contendere or guilty to, any offense
1781	prohibited under any of the following provisions of the Florida
1782	Statutes or under any similar statute of another jurisdiction:
1783	(a)  Section 784.07, relating to assault or battery of law
1784	enforcement officers, firefighters, emergency medical care
1785	providers, public transit employees or agents, or other
1786	specified officers.
1787	(b)  Section 810.02, relating to burglary, if the offense
1788	is a felony.
1789	(c)  Section 944.40, relating to escape.
1790
1791	The Department of Juvenile Justice may not remove a
1792	disqualification from employment or grant an exemption to any
1793	person who is disqualified under this section for any offense
1794	disposed of during the most recent 7-year period.
1795	(4)  Standards must also ensure that the person:
1796	(a)  For employees or employers licensed or registered
1797	pursuant to chapter 400 or chapter 429, does not have a
1798	confirmed report of abuse, neglect, or exploitation as defined
1799	in s. 415.102(6), which has been uncontested or upheld under s.
1800	415.103.
1801	(b)  Has not committed an act that constitutes domestic
1802	violence as defined in s. 741.30.
1803	(5)  Under penalty of perjury, all employees in such
1804	positions of trust or responsibility shall attest to meeting the
1805	requirements for qualifying for employment and agreeing to
1806	inform the employer immediately if convicted of any of the
1807	disqualifying offenses while employed by the employer. Each
1808	employer of employees in such positions of trust or
1809	responsibilities which is licensed or registered by a state
1810	agency shall submit to the licensing agency annually or at the
1811	time of license renewal, under penalty of perjury, an affidavit
1812	of compliance with the provisions of this section.
1813	Section 38.  Section 435.05, Florida Statutes, is amended
1814	to read:
1815	435.05  Requirements for covered employees and employers.-
1816	Except as otherwise provided by law, the following requirements
1817	shall apply to covered employees and employers:
1818	(1)(a)  Every person required by law to be screened
1819	pursuant to the provisions of this chapter must employed in a
1820	position for which employment screening is required must, within
1821	5 working days after starting to work, submit to the employer a
1822	complete set of information necessary to conduct a screening
1823	under this chapter section.
1824	(b)  For level 1 screening, the employer must submit the
1825	information necessary for screening to the Florida Department of
1826	Law Enforcement within 5 working days after receiving it. The
1827	Florida Department of Law Enforcement will conduct a search of
1828	its records and will respond to the employer or agency. The
1829	employer will inform the employee whether screening has revealed
1830	any disqualifying information.
1831	(c)  For level 2 screening, the employer or licensing
1832	agency must submit the information necessary for screening to
1833	the Florida Department of Law Enforcement within 5 working days
1834	after receiving it. The Florida Department of Law Enforcement
1835	will perform a criminal history records check of its conduct a
1836	search of its criminal and juvenile records and will request
1837	that the Federal Bureau of Investigation perform a national
1838	criminal history records check conduct a search of its records
1839	for each employee for whom the request is made. The Florida
1840	Department of Law Enforcement will respond to the employer or
1841	licensing agency, and the employer or licensing agency will
1842	inform the employee whether screening has revealed disqualifying
1843	information.
1844	(d)  The person whose background is being checked must
1845	supply any missing criminal or other necessary information upon
1846	request to the requesting employer or agency within 30 days
1847	after receiving the employer makes a request for the information
1848	or be subject to automatic disqualification.
1849	(2)  Every employee must attest, subject to penalty of
1850	perjury, to meeting the requirements for qualifying for
1851	employment pursuant to this chapter and agreeing to inform the
1852	employer immediately if arrested for any of the disqualifying
1853	offenses while employed by the employer Unless otherwise
1854	prohibited by state or federal law, new employees may be placed
1855	on probationary status pending a determination of compliance
1856	with minimum standards set forth in this chapter.
1857	(3)  Each employer that is licensed or registered with an
1858	agency and is required by law to conduct level 2 background
1859	screening must submit to the agency sign an affidavit annually
1860	or at the time of license renewal, under penalty of perjury, a
1861	signed affidavit attesting to compliance with the provisions of
1862	this chapter stating that all covered employees have been
1863	screened or are newly hired and are awaiting the results of the
1864	required screening checks.
1865	Section 39.  Section 435.06, Florida Statutes, is amended
1866	to read:
1867	435.06  Exclusion from employment.-
1868	(1)  When an employer or licensing agency has reasonable
1869	cause to believe that grounds exist for the denial or
1870	termination of employment of any employee as a result of
1871	background screening, it shall notify the employee in writing,
1872	stating the specific record that which indicates noncompliance
1873	with the standards in this chapter section. It shall be the
1874	responsibility of the affected employee to contest his or her
1875	disqualification or to request exemption from disqualification.
1876	The only basis for contesting the disqualification shall be
1877	proof of mistaken identity.
1878	(2)(a)  An employer may not hire, select, or otherwise
1879	allow an employee to have contact with any vulnerable person
1880	that would place the employee in a role that would require
1881	background screening until such time as the screening process is
1882	completed and demonstrates the absence of any grounds for the
1883	denial or termination of employment. If the screening process
1884	shows any grounds for the denial or termination of employment,
1885	the employer may not hire, select, or otherwise allow the
1886	employee to have contact with any vulnerable person that would
1887	place the employee in a role that would require background
1888	screening unless the employee is granted an exemption for the
1889	disqualification by the agency as provided under s. 435.07.
1890	(b)  If at any time an employer becomes aware that an
1891	employee has been arrested for a disqualifying offense, the
1892	employer must remove the employee from contact with any
1893	vulnerable person that would place the employee in a role that
1894	would require background screening until such time as the arrest
1895	is resolved in such a way that the employer determines that the
1896	employee is still eligible for employment under this chapter.
1897	(c)  The employer must either terminate the employment of
1898	any of its personnel found to be in noncompliance with the
1899	minimum standards of this chapter for good moral character
1900	contained in this section or place the employee in a position
1901	for which background screening is not required unless the
1902	employee is granted an exemption from disqualification pursuant
1903	to s. 435.07.
1904	(3)  Any employee person who is required to undergo
1905	employment screening and who refuses to cooperate in
1906	screening or refuses to timely submit the information necessary
1907	to complete the screening, including fingerprints when required,
1908	must shall be disqualified for employment in such position or,
1909	if employed, must shall be dismissed.
1910	(4)  There is no unemployment compensation or other
1911	monetary liability on the part of, and no cause of action for
1912	damages arising against, an employer that, upon notice of a
1913	conviction or arrest for a disqualifying offense listed under
1914	this chapter, terminates the person against whom the report was
1915	issued or who was arrested, regardless of whether that person
1916	has filed for an exemption pursuant to this chapter.
1917	Section 40.  Section 435.07, Florida Statutes, is amended
1918	to read:
1919	435.07  Exemptions from disqualification.-Unless otherwise
1920	provided by law, the provisions of this section shall apply to
1921	exemptions from disqualification for disqualifying offenses
1922	revealed pursuant to background screenings required by law to be
1923	conducted pursuant to this chapter, regardless of whether those
1924	disqualifying offenses are listed in this chapter or are in
1925	other statutes.
1926	(1)  The head of the appropriate licensing agency may grant
1927	to any employee otherwise disqualified from employment an
1928	exemption from disqualification for:
1929	(a)  Felonies for which at least 3 years have elapsed since
1930	the applicant for the exemption has completed or been lawfully
1931	released from any confinement, supervision, or sanction for the
1932	disqualifying felony committed more than 3 years prior to the
1933	date of disqualification;
1934	(b)  Misdemeanors prohibited under any of the Florida
1935	Statutes cited in this chapter or under similar statutes of
1936	other jurisdictions for which the applicant for the exemption
1937	has completed or been lawfully released from any confinement,
1938	supervision, or sanction for the disqualifying misdemeanor;
1939	(c)  Offenses that were felonies when committed but are now
1940	misdemeanors and for which the applicant for the exemption has
1941	completed or been lawfully released from any confinement,
1942	supervision, or sanction for the disqualifying offense; or
1943	(d)  Findings of delinquency. For offenses that would be
1944	felonies if committed by an adult and the record has not been
1945	sealed or expunged, then the exemption may not be granted until
1946	at least 3 years have elapsed since the applicant for the
1947	exemption has completed or been lawfully released from any
1948	confinement, supervision, or sanction for the disqualifying
1949	offense; or
1950	(e)  Commissions of acts of domestic violence as defined in
1951	s. 741.30.
1952
1953	For the purposes of this subsection, the term "felonies" means
1954	both felonies prohibited under any of the Florida Statutes cited
1955	in this chapter or under similar statutes of other
1956	jurisdictions.
1957	(2)  Persons employed, or applicants for employment, by
1958	treatment providers who treat adolescents 13 years of age and
1959	older who are disqualified from employment solely because of
1960	crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1961	exempted from disqualification from employment pursuant to this
1962	chapter section without application of the 3-year waiting period
1963	in paragraph (1)(a).
1964	(3)(a)  In order for the head of an agency a licensing
1965	department to grant an exemption to any employee, the employee
1966	must demonstrate by clear and convincing evidence that the
1967	employee should not be disqualified from employment. Employees
1968	seeking an exemption have the burden of setting forth clear and
1969	convincing sufficient evidence of rehabilitation, including, but
1970	not limited to, the circumstances surrounding the criminal
1971	incident for which an exemption is sought, the time period that
1972	has elapsed since the incident, the nature of the harm caused to
1973	the victim, and the history of the employee since the incident,
1974	or any other evidence or circumstances indicating that the
1975	employee will not present a danger if employment or continued
1976	employment is allowed.
1977	(b)  The agency may consider as part of its deliberations
1978	of the employee's rehabilitation the fact that the employee has,
1979	subsequent to the conviction for the disqualifying offense for
1980	which the exemption is being sought, been arrested for or
1981	convicted of another crime, even if that crime is not a
1982	disqualifying offense.
1983	(c)  The decision of the head of an agency licensing
1984	department regarding an exemption may be contested through the
1985	hearing procedures set forth in chapter 120. The standard of
1986	review by the administrative law judge is whether the agency's
1987	intended action is an abuse of discretion.
1988	(4)(a)  Disqualification from employment under this chapter
1989	subsection (1) may not be removed from, nor may an
1990	granted to, any personnel who is found guilty of, regardless of
1991	adjudication, or who has entered a plea of nolo contendere or
1992	guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1993	by reason of any pardon, executive clemency, or restoration of
1994	civil rights.
1995	(b)  Disqualification from employment under this chapter
1996	may not be removed from, nor may an exemption be granted to, any
1997	person who has been designated as a:
1998	1.  Sexual predator pursuant to s. 775.21;
1999	2.  Career offender pursuant to s. 775.261; or
2000	3.  Sexual offender pursuant to s. 943.0435, unless the
2001	person has had the sexual offender designation removed pursuant
2002	to s. 943.04354.
2003	(5)  Exemptions granted by one licensing agency shall be
2004	considered by subsequent licensing agencies, but are not binding
2005	on the subsequent licensing agency.
2006	Section 41.  Section 435.08, Florida Statutes, is amended
2007	to read:
2008	435.08  Payment for processing of fingerprints and state
2009	criminal history records checks.-Either the employer or the
2010	employee is responsible for paying the costs of screening.
2011	Payment shall be submitted to the Florida Department of Law
2012	Enforcement with the request for screening. The appropriate
2013	agency is responsible for collecting and paying any fee related
2014	to fingerprints retained on its behalf to the Department of Law
2015	Enforcement for costs resulting from the fingerprint information
2016	retention services. The amount of the annual fee and procedures
2017	for the submission and retention of fingerprint information and
2018	for the dissemination of search results shall be established by
2019	rule of the Department of Law Enforcement.
2020	Section 42.  Paragraph (d) of subsection (4) of section
2021	456.039, Florida Statutes, is amended to read:
2022	456.039  Designated health care professionals; information
2023	required for licensure.-
2024	(4)
2025	(d)  Any applicant for initial licensure or renewal of
2026	licensure as a health care practitioner who submits to the
2027	Department of Health a set of fingerprints or information
2028	required for the criminal history check required under this
2029	section shall not be required to provide a subsequent set of
2030	fingerprints or other duplicate information required for a
2031	criminal history check to the Agency for Health Care
2032	Administration, the Department of Juvenile Justice, or the
2033	Department of Children and Family Services for employment or
2034	licensure with such agency or department if the applicant has
2035	undergone a criminal history check as a condition of initial
2036	licensure or licensure renewal as a health care practitioner
2037	with the Department of Health or any of its regulatory boards,
2038	notwithstanding any other provision of law to the contrary. In
2039	lieu of such duplicate submission, the Agency for Health Care
2040	Administration, the Department of Juvenile Justice, and the
2041	Department of Children and Family Services shall obtain criminal
2042	history information for employment or licensure of health care
2043	practitioners by such agency and departments from the Department
2044	of Health's health care practitioner credentialing system.
2045	Section 43.  Subsection (1) of section 464.203, Florida
2046	Statutes, is amended to read:
2047	464.203  Certified nursing assistants; certification
2048	requirement.-
2049	(1)  The board shall issue a certificate to practice as a
2050	certified nursing assistant to any person who demonstrates a
2051	minimum competency to read and write and successfully passes the
2052	required background Level I or Level II screening pursuant to s.
2053	400.215 and meets one of the following requirements:
2054	(a)  Has successfully completed an approved training
2055	program and achieved a minimum score, established by rule of the
2056	board, on the nursing assistant competency examination, which
2057	consists of a written portion and skills-demonstration portion
2058	approved by the board and administered at a site and by
2059	personnel approved by the department.
2060	(b)  Has achieved a minimum score, established by rule of
2061	the board, on the nursing assistant competency examination,
2062	which consists of a written portion and skills-demonstration
2063	portion, approved by the board and administered at a site and by
2064	personnel approved by the department and:
2065	1.  Has a high school diploma, or its equivalent; or
2066	2.  Is at least 18 years of age.
2067	(c)  Is currently certified in another state; is listed on
2068	that state's certified nursing assistant registry; and has not
2069	been found to have committed abuse, neglect, or exploitation in
2070	that state.
2071	(d)  Has completed the curriculum developed under the
2072	Enterprise Florida Jobs and Education Partnership Grant and
2073	achieved a minimum score, established by rule of the board, on
2074	the nursing assistant competency examination, which consists of
2075	a written portion and skills-demonstration portion, approved by
2076	the board and administered at a site and by personnel approved
2077	by the department.
2078	Section 44.  Subsection (9) of section 489.115, Florida
2079	Statutes, is amended to read:
2080	489.115  Certification and registration; endorsement;
2081	reciprocity; renewals; continuing education.-
2082	(9)  An initial applicant shall submit, along with the
2083	application, a complete set of fingerprints to in a form and
2084	manner required by the department. The fingerprints shall be
2085	submitted to the Department of Law Enforcement for state
2086	processing, and the Department of Law Enforcement shall forward
2087	them to the Federal Bureau of Investigation for national
2088	processing, to determine whether the applicant has a criminal
2089	history record for the purpose of conducting a level 2
2090	background check pursuant to s. 435.04. The department shall and
2091	the board may review the background results to determine if an
2092	applicant meets licensure requirements. The cost for the
2093	fingerprint processing shall be borne by the person subject to
2094	the background screening. These fees are to be collected by the
2095	authorized agencies or vendors. The authorized agencies or
2096	vendors are responsible for paying the processing costs to the
2097	Department of Law Enforcement.
2098	Section 45.  Paragraphs (g) and (h) of subsection (2) of
2099	section 943.05, Florida Statutes, are amended, and subsection
2100	(4) is added to that section, to read:
2101	943.05  Criminal Justice Information Program; duties; crime
2102	reports.-
2103	(2)  The program shall:
2104	(g)  Upon official written request, and subject to the
2105	department having sufficient funds and equipment to participate
2106	in such a request, from the agency executive director or
2107	secretary, or from his or her designee, or from qualified
2108	entities participating in the volunteer and employee criminal
2109	history screening system under s. 943.0542, or as otherwise
2110	required As authorized by law, retain fingerprints submitted by
2111	criminal and noncriminal justice agencies to the department for
2112	a criminal history background screening in a manner provided by
2113	rule and enter the fingerprints in the statewide automated
2114	fingerprint identification system authorized by paragraph (b).
2115	Such fingerprints shall thereafter be available for all purposes
2116	and uses authorized for arrest fingerprint submissions cards
2117	entered into the statewide automated fingerprint identification
2118	system pursuant to s. 943.051.
2119	(h)1.  For each agency or qualified entity that officially
2120	requests retention of fingerprints or for which retention is
2121	otherwise required As authorized by law, search all arrest
2122	fingerprint submissions cards received under s. 943.051 against
2123	the fingerprints retained in the statewide automated fingerprint
2124	identification system under paragraph (g).
2125	1.  Any arrest record that is identified with the retained
2126	fingerprints of a person subject to background screening as
2127	provided in paragraph (g) shall be reported to the appropriate
2128	agency or qualified entity.
2129	2.  To Agencies may participate in this search process,
2130	agencies or qualified entities must notify each person
2131	fingerprinted that his or her fingerprints will be retained, pay
2132	by payment of an annual fee to the department, and inform by
2133	informing the department of any change in the affiliation,
2134	employment, or contractual status or place of affiliation,
2135	employment, or contracting of each person the persons whose
2136	fingerprints are retained under paragraph (g) when such change
2137	removes or eliminates the agency or qualified entity's basis or
2138	need for receiving reports of any arrest of that person, so that
2139	the agency or qualified entity will not be obligated to pay the
2140	upcoming annual fee for the retention and searching of that
2141	person's fingerprints to the department. The department shall
2142	adopt a rule setting the amount of the annual fee to be imposed
2143	upon each participating agency or qualified entity for
2144	performing these searches and establishing the procedures for
2145	the retention of fingerprints and the dissemination of search
2146	results. The fee may be borne by the agency, qualified entity,
2147	or person subject to fingerprint retention or as otherwise
2148	provided by law. Fees may be waived or reduced by the executive
2149	director for good cause shown. Consistent with the recognition
2150	of criminal justice agencies expressed in s. 943.053(3), these
2151	services will be provided to criminal justice agencies for
2152	criminal justice purposes free of charge.
2153	3.  Agencies that participate in the fingerprint retention
2154	and search process may adopt rules pursuant to ss. 120.536(1)
2155	and 120.54 to require employers to keep the agency informed of
2156	any change in the affiliation, employment, or contractual status
2157	of each person whose fingerprints are retained under paragraph
2158	(g) when such change removes or eliminates the agency's basis or
2159	need for receiving reports of any arrest of that person, so that
2160	the agency will not be obligated to pay the upcoming annual fee
2161	for the retention and searching of that person's fingerprints to
2162	the department.
2163	(4)  Upon notification that a federal fingerprint retention
2164	program is in effect, and subject to the department being funded
2165	and equipped to participate in such a program, the department
2166	shall, when state and national criminal history records checks
2167	and retention of submitted prints are authorized or required by
2168	law, retain the fingerprints as provided in paragraphs (2)(g)
2169	and (h) and advise the Federal Bureau of Investigation to retain
2170	the fingerprints at the national level for searching against
2171	arrest fingerprint submissions received at the national level.
2172	Section 46.  Subsections (6) and (11) of section 943.053,
2173	Florida Statutes, are amended to read:
2174	943.053  Dissemination of criminal justice information;
2175	fees.-
2176	(6)  Notwithstanding any other provision of law, the
2177	department shall provide to the Florida Department of Revenue
2178	Child Support Enforcement access to Florida criminal history
2179	records which are not exempt from disclosure under chapter 119,
2180	and to such information as may be lawfully available from other
2181	states via the National Law Enforcement Telecommunications
2182	System, for the purpose of locating subjects who owe or
2183	potentially owe support, as defined in s. 409.2554, or to whom
2184	such obligation is owed pursuant to Title IV-D of the Social
2185	Security Act. Such information may be provided to child support
2186	enforcement authorities in other states for these specific
2187	purposes.
2188	(11)  A criminal justice agency that is authorized under
2189	federal rules or law to conduct a criminal history background
2190	check on an agency employee who is not certified by the Criminal
2191	Justice Standards and Training Commission under s. 943.12 may
2192	submit to the department the fingerprints of the noncertified
2193	employee to obtain state and national criminal history
2194	information. Effective January 15, 2007, The fingerprints
2195	submitted shall be retained and entered in the statewide
2196	automated fingerprint identification system authorized by s.
2197	943.05 and shall be available for all purposes and uses
2198	authorized for arrest fingerprint submissions cards entered in
2199	the statewide automated fingerprint identification system
2200	pursuant to s. 943.051. The department shall search all arrest
2201	fingerprint submissions cards received pursuant to s. 943.051
2202	against the fingerprints retained in the statewide automated
2203	fingerprint identification system pursuant to this section. In
2204	addition to all purposes and uses authorized for arrest
2205	fingerprint submissions cards for which submitted fingerprints
2206	may be used, any arrest record that is identified with the
2207	retained employee fingerprints must be reported to the
2208	submitting employing agency.
2209	Section 47.  Paragraph (a) of subsection (2) of section
2210	984.01, Florida Statutes, is amended to read:
2211	984.01  Purposes and intent; personnel standards and
2212	screening.-
2213	(2)  The Department of Juvenile Justice or the Department
2214	of Children and Family Services, as appropriate, may contract
2215	with the Federal Government, other state departments and
2216	agencies, county and municipal governments and agencies, public
2217	and private agencies, and private individuals and corporations
2218	in carrying out the purposes of, and the responsibilities
2219	established in, this chapter.
2220	(a)  When the Department of Juvenile Justice or the
2221	Department of Children and Family Services contracts with a
2222	provider for any program for children, all personnel, including
2223	owners, operators, employees, and volunteers, in the facility
2224	must be of good moral character. Each contract entered into by
2225	either department for services delivered on an appointment or
2226	intermittent basis by a provider that does not have regular
2227	custodial responsibility for children and each contract with a
2228	school for before or aftercare services must ensure that the
2229	owners, operators, and all personnel who have direct contact
2230	with children are of good moral character. A volunteer who
2231	assists on an intermittent basis for less than 10 40 hours per
2232	month need not be screened, provided a person who meets the
2233	screening requirement of this section is always present and has
2234	the volunteer in his or her line of sight if the volunteer is
2235	under direct and constant supervision by persons who meet the
2236	screening requirements.
2237	Section 48.  Section 985.644, Florida Statutes, is amended
2238	to read:
2239	985.644  Departmental contracting powers; personnel
2240	standards and screening.-
2241	(1)  The department of Juvenile Justice or the Department
2242	of Children and Family Services, as appropriate, may contract
2243	with the Federal Government, other state departments and
2244	agencies, county and municipal governments and agencies, public
2245	and private agencies, and private individuals and corporations
2246	in carrying out the purposes of, and the responsibilities
2247	established in, this chapter.
2248	(a)  When the Department of Juvenile Justice or the
2249	Department of Children and Family Services contracts with a
2250	provider for any program for children, all personnel, including
2251	owners, operators, employees, and volunteers, in the facility
2252	must be of good moral character. Each contract entered into by
2253	the either department for services delivered on an appointment
2254	or intermittent basis by a provider that does not have regular
2255	custodial responsibility for children and each contract with a
2256	school for before or aftercare services must ensure that the all
2257	owners, operators, and all personnel who have direct contact
2258	with children are subject to level 2 background screening
2259	pursuant to chapter 435 of good moral character.
2260	(b)  A volunteer who assists the department or any program
2261	for children on an intermittent basis for less than 10 40 hours
2262	per month need not be screened, provided a person who meets the
2263	screening requirement of this section is always present and has
2264	the volunteer in his or her line of sight if the volunteer is
2265	under direct and constant supervision by persons who meet the
2266	screening requirements.
2267
2268	(b)  The Department of Juvenile Justice and the Department
2269	of Children and Family Services shall require employment
2270	screening pursuant to chapter 435, using the level 2 standards
2271	set forth in that chapter for personnel in programs for children
2272	or youths.
2273	(c)  The Department of Juvenile Justice or the Department
2274	of Children and Family Services may grant exemptions from
2275	disqualification from working with children as provided in s.
2276	435.07.
2277	(2)  The department may contract with the Federal
2278	Government, other state departments and agencies, county and
2279	municipal governments and agencies, public and private agencies,
2280	and private individuals and corporations in carrying out the
2281	purposes and the responsibilities of the delinquency services
2282	and programs of the department.
2283	(3)  The department shall adopt a rule pursuant to chapter
2284	120 establishing a procedure to provide notice of policy changes
2285	that affect contracted delinquency services and programs. A
2286	policy is defined as an operational requirement that applies to
2287	only the specified contracted delinquency service or program.
2288	The procedure shall include:
2289	(a)  Public notice of policy development.
2290	(b)  Opportunity for public comment on the proposed policy.
2291	(c)  Assessment for fiscal impact upon the department and
2292	providers.
2293	(d)  The department's response to comments received.
2294	(4)  When the department contracts with a provider for any
2295	delinquency service or program, all personnel, including all
2296	owners, operators, employees, and volunteers in the facility or
2297	providing the service or program shall be of good moral
2298	character. A volunteer who assists on an intermittent basis for
2299	less than 40 hours per month is not required to be screened if
2300	the volunteer is under direct and constant supervision by
2301	persons who meet the screening requirements.
2302	(3)(5)(a)  All employees of the department and all
2303	personnel of contract providers for any program for children,
2304	including all owners, operators, employees, persons who have
2305	access to confidential juvenile records, and volunteers, must
2306	complete For any person employed by the department, or by a
2307	provider under contract with the department, in delinquency
2308	facilities, services, or programs, the department shall require:
2309	1.  A level 2 employment screening pursuant to chapter 435
2310	prior to employment. The security background investigations
2311	conducted under this section must ensure that, in addition to
2312	the disqualifying offenses listed in s. 435.04, no person
2313	subject to the background screening provisions of this section
2314	has an arrest awaiting final disposition for, been found guilty
2315	of, regardless of adjudication, or entered a plea of nolo
2316	contendere or guilty to, or has been adjudicated delinquent and
2317	the record has not been sealed or expunged for, any offense
2318	prohibited under any of the following provisions of the Florida
2319	Statutes or under any similar statute of another jurisdiction:
2320	a.  Section 784.07, relating to assault or battery of law
2321	enforcement officers, firefighters, emergency medical care
2322	providers, public transit employees or agents, or other
2323	specified officers.
2324	b.  Section 817.568, relating to criminal use of personal
2325	identification information.
2326	2.  A national federal criminal history records check by
2327	the Federal Bureau of Investigation every 5 years following the
2328	date of the person's employment.
2329	(b)  Except for law enforcement, correctional, and
2330	correctional probation officers, to whom s. 943.13(5) applies,
2331	the department shall electronically submit to the Department of
2332	Law Enforcement:
2333	1.  Fingerprint information obtained during the employment
2334	screening required by subparagraph (a)1.
2335	2.  Beginning on December 15, 2005, Fingerprint information
2336	for all persons employed by the department, or by a provider
2337	under contract with the department, in delinquency facilities,
2338	services, or programs if such fingerprint information has not
2339	previously been electronically submitted to the Department of
2340	Law Enforcement under this paragraph.
2341	(c)  All fingerprint information electronically submitted
2342	to the Department of Law Enforcement under paragraph (b) shall
2343	be retained by the Department of Law Enforcement and entered
2344	into the statewide automated fingerprint identification system
2345	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2346	information shall be available for all purposes and uses
2347	authorized for arrest fingerprint information entered into the
2348	statewide automated fingerprint identification system pursuant
2349	to s. 943.051 until the fingerprint information is removed
2350	pursuant to paragraph (e). The Department of Law Enforcement
2351	shall search all arrest fingerprint information received
2352	pursuant to s. 943.051 against the fingerprint information
2353	entered into the statewide automated fingerprint system pursuant
2354	to this subsection. Any arrest records identified as a result of
2355	the search shall be reported to the department in the manner and
2356	timeframe established by the Department of Law Enforcement by
2357	rule.
2358	(d)  The department shall pay an annual fee to the
2359	Department of Law Enforcement for its costs resulting from the
2360	fingerprint information retention services required by this
2361	subsection. The amount of the annual fee and procedures for the
2362	submission and retention of fingerprint information and for the
2363	dissemination of search results shall be established by the
2364	Department of Law Enforcement by a rule that is applicable to
2365	the department individually pursuant to this subsection or that
2366	is applicable to the department and other employing agencies
2367	pursuant to rulemaking authority otherwise provided by law.
2368	(e)  The department shall notify the Department of Law
2369	Enforcement when a person whose fingerprint information is
2370	retained by the Department of Law Enforcement under this
2371	subsection is no longer employed by the department, or by a
2372	provider under contract with the department, in a delinquency
2373	facility, service, or program. This notice shall be provided by
2374	the department to the Department of Law Enforcement no later
2375	than 6 months after the date of the change in the person's
2376	employment status. Fingerprint information for persons
2377	identified by the department in the notice shall be removed from
2378	the statewide automated fingerprint system.
2379	(6)  The department may grant exemptions from
2380	disqualification from working with children as provided in s.
2381	435.07.
2382	(7)  The department may adopt rules pursuant to ss.
2383	120.536(1) and 120.54 to describe the procedure and requirements
2384	necessary to implement the employment screening and fingerprint
2385	retention services for all employees of the department and all
2386	personnel of contract providers for any program for children,
2387	including all owners, operators, employees, and volunteers,
2388	including the collection of associated fees.
2389	Section 49.  Paragraph (a) of subsection (1) of section
2390	381.60225, Florida Statutes, is amended to read:
2391	381.60225  Background screening.-
2392	(1)  Each applicant for certification must comply with the
2393	following requirements:
2394	(a)  Upon receipt of a completed, signed, and dated
2395	application, the Agency for Health Care Administration shall
2396	require background screening, in accordance with the level 2
2397	standards for screening set forth in chapter 435, of the
2398	managing employee, or other similarly titled individual
2399	responsible for the daily operation of the organization, agency,
2400	or entity, and financial officer, or other similarly titled
2401	individual who is responsible for the financial operation of the
2402	organization, agency, or entity, including billings for
2403	services. The applicant must comply with the procedures for
2404	level 2 background screening as set forth in chapter 435, as
2405	well as the requirements of s. 435.03(3).
2406	Section 50.  Subsection (32) of section 409.912, Florida
2407	Statutes, is amended to read:
2408	409.912  Cost-effective purchasing of health care.-The
2409	agency shall purchase goods and services for Medicaid recipients
2410	in the most cost-effective manner consistent with the delivery
2411	of quality medical care. To ensure that medical services are
2412	effectively utilized, the agency may, in any case, require a
2413	confirmation or second physician's opinion of the correct
2414	diagnosis for purposes of authorizing future services under the
2415	Medicaid program. This section does not restrict access to
2416	emergency services or poststabilization care services as defined
2417	in 42 C.F.R. part 438.114. Such confirmation or second opinion
2418	shall be rendered in a manner approved by the agency. The agency
2419	shall maximize the use of prepaid per capita and prepaid
2420	aggregate fixed-sum basis services when appropriate and other
2421	alternative service delivery and reimbursement methodologies,
2422	including competitive bidding pursuant to s. 287.057, designed
2423	to facilitate the cost-effective purchase of a case-managed
2424	continuum of care. The agency shall also require providers to
2425	minimize the exposure of recipients to the need for acute
2426	inpatient, custodial, and other institutional care and the
2427	inappropriate or unnecessary use of high-cost services. The
2428	agency shall contract with a vendor to monitor and evaluate the
2429	clinical practice patterns of providers in order to identify
2430	trends that are outside the normal practice patterns of a
2431	provider's professional peers or the national guidelines of a
2432	provider's professional association. The vendor must be able to
2433	provide information and counseling to a provider whose practice
2434	patterns are outside the norms, in consultation with the agency,
2435	to improve patient care and reduce inappropriate utilization.
2436	The agency may mandate prior authorization, drug therapy
2437	management, or disease management participation for certain
2438	populations of Medicaid beneficiaries, certain drug classes, or
2439	particular drugs to prevent fraud, abuse, overuse, and possible
2440	dangerous drug interactions. The Pharmaceutical and Therapeutics
2441	Committee shall make recommendations to the agency on drugs for
2442	which prior authorization is required. The agency shall inform
2443	the Pharmaceutical and Therapeutics Committee of its decisions
2444	regarding drugs subject to prior authorization. The agency is
2445	authorized to limit the entities it contracts with or enrolls as
2446	Medicaid providers by developing a provider network through
2447	provider credentialing. The agency may competitively bid single-
2448	source-provider contracts if procurement of goods or services
2449	results in demonstrated cost savings to the state without
2450	limiting access to care. The agency may limit its network based
2451	on the assessment of beneficiary access to care, provider
2452	availability, provider quality standards, time and distance
2453	standards for access to care, the cultural competence of the
2454	provider network, demographic characteristics of Medicaid
2455	beneficiaries, practice and provider-to-beneficiary standards,
2456	appointment wait times, beneficiary use of services, provider
2457	turnover, provider profiling, provider licensure history,
2458	previous program integrity investigations and findings, peer
2459	review, provider Medicaid policy and billing compliance records,
2460	clinical and medical record audits, and other factors. Providers
2461	shall not be entitled to enrollment in the Medicaid provider
2462	network. The agency shall determine instances in which allowing
2463	Medicaid beneficiaries to purchase durable medical equipment and
2464	other goods is less expensive to the Medicaid program than long-
2465	term rental of the equipment or goods. The agency may establish
2466	rules to facilitate purchases in lieu of long-term rentals in
2467	order to protect against fraud and abuse in the Medicaid program
2468	as defined in s. 409.913. The agency may seek federal waivers
2469	necessary to administer these policies.
2470	(32)  Each managed care plan that is under contract with
2471	the agency to provide health care services to Medicaid
2472	recipients shall annually conduct a background check with the
2473	Florida Department of Law Enforcement of all persons with
2474	ownership interest of 5 percent or more or executive management
2475	responsibility for the managed care plan and shall submit to the
2476	agency information concerning any such person who has been found
2477	guilty of, regardless of adjudication, or has entered a plea of
2478	nolo contendere or guilty to, any of the offenses listed in s.
2479	435.04 435.03.
2480	Section 51.  Paragraph (e) of subsection (1) of section
2481	464.018, Florida Statutes, is amended to read:
2482	464.018  Disciplinary actions.-
2483	(1)  The following acts constitute grounds for denial of a
2484	license or disciplinary action, as specified in s. 456.072(2):
2485	(e)  Having been found guilty of, regardless of
2486	adjudication, or entered a plea of nolo contendere or guilty to,
2487	any offense prohibited under s. 435.04 435.03 or under any
2488	similar statute of another jurisdiction; or having committed an
2489	act which constitutes domestic violence as defined in s. 741.28.
2490	Section 52.  Paragraph (m) of subsection (1) of section
2491	468.3101, Florida Statutes, is amended to read:
2492	468.3101  Disciplinary grounds and actions.-
2493	(1)  The department may make or require to be made any
2494	investigations, inspections, evaluations, and tests, and require
2495	the submission of any documents and statements, which it
2496	considers necessary to determine whether a violation of this
2497	part has occurred. The following acts shall be grounds for
2498	disciplinary action as set forth in this section:
2499	(m)  Having been found guilty of, regardless of
2500	adjudication, or pleading guilty or nolo contendere to, any
2501	offense prohibited under s. 435.04 435.03 or under any similar
2502	statute of another jurisdiction.
2503	Section 53.  Subsection (3) of section 744.309, Florida
2504	Statutes, is amended to read:
2505	744.309  Who may be appointed guardian of a resident ward.-
2506	(3)  DISQUALIFIED PERSONS.-No person who has been convicted
2507	of a felony or who, from any incapacity or illness, is incapable
2508	of discharging the duties of a guardian, or who is otherwise
2509	unsuitable to perform the duties of a guardian, shall be
2510	appointed to act as guardian. Further, no person who has been
2511	judicially determined to have committed abuse, abandonment, or
2512	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2513	(2), and (37), or who has been found guilty of, regardless of
2514	adjudication, or entered a plea of nolo contendere or guilty to,
2515	any offense prohibited under s. 435.04 435.03 or under any
2516	similar statute of another jurisdiction, shall be appointed to
2517	act as a guardian. Except as provided in subsection (5) or
2518	subsection (6), a person who provides substantial services to
2519	the proposed ward in a professional or business capacity, or a
2520	creditor of the proposed ward, may not be appointed guardian and
2521	retain that previous professional or business relationship. A
2522	person may not be appointed a guardian if he or she is in the
2523	employ of any person, agency, government, or corporation that
2524	provides service to the proposed ward in a professional or
2525	business capacity, except that a person so employed may be
2526	appointed if he or she is the spouse, adult child, parent, or
2527	sibling of the proposed ward or the court determines that the
2528	potential conflict of interest is insubstantial and that the
2529	appointment would clearly be in the proposed ward's best
2530	interest. The court may not appoint a guardian in any other
2531	circumstance in which a conflict of interest may occur.
2532	Section 54.  Subsection (12) of section 744.474, Florida
2533	Statutes, is amended to read:
2534	744.474  Reasons for removal of guardian.-A guardian may be
2535	removed for any of the following reasons, and the removal shall
2536	be in addition to any other penalties prescribed by law:
2537	(12)  Having been found guilty of, regardless of
2538	adjudication, or entered a plea of nolo contendere or guilty to,
2539	any offense prohibited under s. 435.04 435.03 or under any
2540	similar statute of another jurisdiction.
2541	Section 55.  Paragraph (a) of subsection (6) of section
2542	985.04, Florida Statutes, is amended to read:
2543	985.04  Oaths; records; confidential information.-
2544	(6)(a)  Records maintained by the department, including
2545	copies of records maintained by the court, which pertain to a
2546	child found to have committed a delinquent act which, if
2547	committed by an adult, would be a crime specified in s. ss.
2548	435.03 and 435.04 may not be destroyed under this section for a
2549	period of 25 years after the youth's final referral to the
2550	department, except in cases of the death of the child. Such
2551	records, however, shall be sealed by the court for use only in
2552	meeting the screening requirements for personnel in s. 402.3055
2553	and the other sections cited above, or under departmental rule;
2554	however, current criminal history information must be obtained
2555	from the Department of Law Enforcement in accordance with s.
2556	943.053. The information shall be released to those persons
2557	specified in the above cited sections for the purposes of
2558	complying with those sections. The court may punish by contempt
2559	any person who releases or uses the records for any unauthorized
2560	purpose.
2561	Section 56.  The changes made by this act are intended to
2562	be prospective in nature. It is not intended that persons who
2563	are employed or licensed on the effective date of this act be
2564	rescreened until such time as they are otherwise required to be
2565	rescreened pursuant to law, at which time they must meet the
2566	requirements for screening as set forth in this act.
2567	Section 57.  This act shall take effect August 1, 2010.

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