CS/HB 7069

1	A bill to be entitled
2	An act relating to screening; amending s. 39.001, F.S.;
3	revising an exemption from screening requirements for
4	volunteers who assist providers under contract with the
5	Department of Children and Family Services; amending s.
6	39.821, F.S.; revising background screening requirements
7	for the Guardian Ad Litem Program; amending s. 215.5586,
8	F.S.; removing reference to ch. 435, F.S., for background
9	screening of hurricane mitigation inspectors; amending s.
10	393.0655, F.S.; revising an exemption from screening
11	requirements for volunteers; removing a temporary
12	exemption from screening requirements for direct service
13	providers awaiting completion of a background screening;
14	adding additional disqualifying offenses for the screening
15	of direct service providers for persons with developmental
16	disabilities; amending s. 394.4572, F.S.; revising
17	background screening requirements for mental health
18	personnel; amending s. 400.215, F.S.; revising background
19	screening requirements for nursing home personnel;
20	amending s. 400.506, F.S.; conforming provisions to
21	changes made by the act; amending s. 400.512, F.S.;
22	revising background screening requirements for home health
23	agency personnel, nurse registry personnel, and companions
24	and homemakers; amending s. 400.6065, F.S.; revising
25	background screening requirements for hospice personnel;
26	amending s. 400.801, F.S.; revising background screening
27	requirements for personnel at homes for special services;
28	amending s. 400.805, F.S.; revising background screening
29	requirements for transitional living facility personnel;
30	creating s. 400.9065, F.S.; providing background screening
31	requirements for prescribed pediatric extended care center
32	personnel; amending s. 400.934, F.S.; revising minimum
33	standards for home medical equipment providers; amending
34	s. 400.953, F.S.; revising background screening
35	requirements for home medical equipment provider
36	personnel; repealing s. 400.955, F.S., relating to the
37	procedures for screening of home medical equipment
38	provider personnel; amending s. 400.964, F.S.; revising
39	background screening requirements for personnel at
40	intermediate care facilities for developmentally disabled
41	persons; amending s. 400.980, F.S.; revising background
42	screening requirements for personnel at health care
43	services pools; amending s. 400.991, F.S.; revising
44	background screening requirements for applicants and
45	personnel at health care clinics; amending s. 408.806,
46	F.S.; adding a requirement for an affidavit relating to
47	background screening to the license application process
48	under the Agency for Health Care Administration; amending
49	s. 408.808, F.S.; conforming provisions to changes made by
50	the act; amending s. 408.809, F.S.; revising background
51	screening requirements under the Agency for Health Care
52	Administration; requiring electronic submission of
53	fingerprints; amending s. 402.302, F.S.; revising
54	exemptions from screening requirements for volunteers and
55	students; amending s. 409.175, F.S.; revising an exemption
56	from screening requirements for volunteers; revising
57	background screening requirements for employees and
58	volunteers in summer day camps and summer 24-hour camps;
59	requiring periodic drug testing for licensed foster
60	parents; requiring payment by the foster parent; amending
61	s. 409.221, F.S.; revising background screening
62	requirements for persons who render consumer-directed
63	care; amending s. 409.907, F.S.; revising background
64	screening requirements for Medicaid providers; amending s.
65	409.912, F.S.; requiring Medicaid providers to obtain a
66	level 2 background screening for each provider employee in
67	direct contact with or providing direct services to
68	Medicaid recipients; amending s. 411.01, F.S.; requiring
69	school districts to make a list of eligible substitute
70	teachers available to early learning coalitions; amending
71	s. 429.14, F.S.; revising administrative penalty
72	provisions relating to assisted living facilities;
73	amending s. 429.174, F.S.; revising background screening
74	requirements for assisted living facility personnel;
75	amending s. 429.67, F.S.; revising licensure requirements
76	for adult family-care home personnel and household
77	members; amending s. 429.69, F.S.; revising background
78	screening requirements for adult family-care home
79	personnel; amending s. 429.911, F.S.; revising
80	administrative penalty provisions relating to adult day
81	care centers; amending s. 429.919, F.S.; revising
82	background screening requirements for adult day care
83	center personnel; creating s. 430.0402, F.S.; providing
84	background screening requirements for direct service
85	providers under the Department of Elderly Affairs;
86	amending s. 435.01, F.S.; revising provisions related to
87	the applicability of ch. 435, F.S., statutory references
88	to the chapter, and rulemaking; providing construction
89	with respect to the doctrine of incorporation by
90	reference; amending s. 435.02, F.S.; revising and adding
91	definitions; amending s. 435.03, F.S.; revising level 1
92	screening standards; adding disqualifying offenses;
93	amending s. 435.04, F.S.; revising level 2 screening
94	standards; requiring electronic submission of fingerprints
95	after a certain date; authorizing agencies to contract for
96	electronic fingerprinting; adding disqualifying offenses;
97	amending s. 435.05, F.S.; revising background check
98	requirements for covered employees and employers; amending
99	s. 435.06, F.S.; revising provisions relating to exclusion
100	from employment; providing that an employer may not hire,
101	select, or otherwise allow an employee contact with any
102	vulnerable person until the screening process is
103	completed; requiring removal of an employee arrested for
104	disqualifying offenses from roles requiring background
105	screening until the employee's eligibility for employment
106	is determined; amending s. 435.07, F.S.; revising
107	provisions relating to exemptions from disqualification;
108	amending s. 435.08, F.S.; revising provisions relating to
109	the payment for processing of fingerprints and criminal
110	history records checks; amending s. 464.203, F.S.;
111	conforming provisions to changes made by the act; amending
112	s. 489.115, F.S.; removing reference to ch. 435, F.S., for
113	background screening of construction contractors; amending
114	s. 943.05, F.S.; revising provisions relating to the
115	Criminal Justice Information Program under the Department
116	of Law Enforcement; authorizing agencies to request the
117	retention of certain fingerprints by the department;
118	providing for rulemaking to require employers to keep the
119	agencies informed of any change in the affiliation,
120	employment, or contractual status of each person whose
121	fingerprints are retained in certain circumstances;
122	providing departmental duties upon notification that a
123	federal fingerprint retention program is in effect;
124	amending s. 943.053, F.S.; removing obsolete references
125	relating to the dissemination of criminal justice
126	information; amending s. 984.01, F.S.; revising an
127	exemption from screening requirements for volunteers who
128	assist with programs for children; amending s. 985.644,
129	F.S.; revising background screening requirements for the
130	Department of Juvenile Justice; authorizing rulemaking;
131	amending ss. 381.60225, 409.912, 464.018, 468.3101,
132	744.309, 744.474, and 985.04, F.S.; conforming provisions
133	to changes made to ch. 435, F.S., by the act; repealing s.
134	409.1758, F.S., relating to screening of summer camp
135	personnel; repealing s. 456.039(4)(d), F.S., relating to
136	information required for licensure of designated health
137	care professionals; providing for prospective application
138	of the act; providing an effective date.
139
140	Be It Enacted by the Legislature of the State of Florida:
141
142	Section 1.  Paragraph (a) of subsection (2) of section
143	39.001, Florida Statutes, is amended to read:
144	39.001 Purposes and intent; personnel standards and
145	screening.-
146	(2)  DEPARTMENT CONTRACTS.-The department may contract with
147	the Federal Government, other state departments and agencies,
148	county and municipal governments and agencies, public and
149	private agencies, and private individuals and corporations in
150	carrying out the purposes of, and the responsibilities
151	established in, this chapter.
152	(a)  If When the department contracts with a provider for
153	any program for children, all personnel, including owners,
154	operators, employees, and volunteers, in the facility must be of
155	good moral character. A volunteer who assists on an intermittent
156	basis for less than 10 40 hours per month need not be screened
157	if a person who meets the screening requirement of this section
158	is always present and has the volunteer within his or her line
159	of sight if the volunteer is under direct and constant
160	supervision by persons who meet the screening requirements.
161	Section 2.  Subsection (1) of section 39.821, Florida
162	Statutes, is amended to read:
163	39.821  Qualifications of guardians ad litem.-
164	(1)  Because of the special trust or responsibility placed
165	in a guardian ad litem, the Guardian Ad Litem Program may use
166	any private funds collected by the program, or any state funds
167	so designated, to conduct a security background investigation
168	before certifying a volunteer to serve. A security background
169	investigation must include, but need not be limited to,
170	employment history checks, checks of references, local criminal
171	records checks through local law enforcement agencies, and
172	statewide criminal records checks through the Department of Law
173	Enforcement. Upon request, an employer shall furnish a copy of
174	the personnel record for the employee or former employee who is
175	the subject of a security background investigation conducted
176	under this section. The information contained in the personnel
177	record may include, but need not be limited to, disciplinary
178	matters and the reason why the employee was terminated from
179	employment. An employer who releases a personnel record for
180	purposes of a security background investigation is presumed to
181	have acted in good faith and is not liable for information
182	contained in the record without a showing that the employer
183	maliciously falsified the record. A security background
184	investigation conducted under this section must ensure that a
185	person is not certified as a guardian ad litem if the person has
186	an arrest awaiting final disposition for, been convicted of,
187	regardless of adjudication, or entered a plea of nolo contendere
188	or guilty to, or been adjudicated delinquent and the record has
189	not been sealed or expunged for, any offense prohibited under
190	the provisions listed in s. 435.04. All applicants certified on
191	or after August 1, 2010, must undergo a level 2 background
192	screening pursuant to chapter 435 before being certified the
193	provisions of the Florida Statutes specified in s. 435.04(2) or
194	under any similar law in another jurisdiction. Before certifying
195	an applicant to serve as a guardian ad litem, the Guardian Ad
196	Litem Program may request a federal criminal records check of
197	the applicant through the Federal Bureau of Investigation. In
198	analyzing and evaluating the information obtained in the
199	security background investigation, the program must give
200	particular emphasis to past activities involving children,
201	including, but not limited to, child-related criminal offenses
202	or child abuse. The program has the sole discretion in
203	determining whether to certify a person based on his or her
204	security background investigation. The information collected
205	pursuant to the security background investigation is
206	confidential and exempt from s. 119.07(1).
207	Section 3.  Paragraph (b) of subsection (1) of section
208	215.5586, Florida Statutes, is amended to read:
209	215.5586  My Safe Florida Home Program.-There is
210	established within the Department of Financial Services the My
211	Safe Florida Home Program. The department shall provide fiscal
212	accountability, contract management, and strategic leadership
213	for the program, consistent with this section. This section does
214	not create an entitlement for property owners or obligate the
215	state in any way to fund the inspection or retrofitting of
216	residential property in this state. Implementation of this
217	program is subject to annual legislative appropriations. It is
218	the intent of the Legislature that the My Safe Florida Home
219	Program provide trained and certified inspectors to perform
220	inspections for owners of site-built, single-family, residential
221	properties and grants to eligible applicants as funding allows.
222	The program shall develop and implement a comprehensive and
223	coordinated approach for hurricane damage mitigation that may
224	include the following:
225	(1)  HURRICANE MITIGATION INSPECTIONS.-
226	(b)  To qualify for selection by the department as a wind
227	certification entity to provide hurricane mitigation
228	inspections, the entity shall, at a minimum, meet the following
229	requirements:
230	1.  Use hurricane mitigation inspectors who:
231	a.  Are certified as a building inspector under s. 468.607;
232	b.  Are licensed as a general or residential contractor
233	under s. 489.111;
234	c.  Are licensed as a professional engineer under s.
235	471.015 and who have passed the appropriate equivalency test of
236	the building code training program as required by s. 553.841;
237	d.  Are licensed as a professional architect under s.
238	481.213; or
239	e.  Have at least 2 years of experience in residential
240	construction or residential building inspection and have
241	received specialized training in hurricane mitigation
242	procedures. Such training may be provided by a class offered
243	online or in person.
244	2.  Use hurricane mitigation inspectors who also:
245	a.  Have undergone drug testing and a level 2 background
246	screening checks pursuant to s. 435.04. The department may
247	conduct criminal record checks of inspectors used by wind
248	certification entities. Inspectors must submit a set of the
249	fingerprints to the department for state and national criminal
250	history checks and must pay the fingerprint processing fee set
251	forth in s. 624.501. The fingerprints shall be sent by the
252	department to the Department of Law Enforcement and forwarded to
253	the Federal Bureau of Investigation for processing. The results
254	shall be returned to the department for screening. The
255	fingerprints shall be taken by a law enforcement agency,
256	designated examination center, or other department-approved
257	entity; and
258	b.  Have been certified, in a manner satisfactory to the
259	department, to conduct the inspections.
260	3.  Provide a quality assurance program including a
261	reinspection component.
262	Section 4.  Paragraphs (a) and (e) of subsection (1) of
263	section 393.0655, Florida Statutes, are amended, and subsection
264	(5) is added to that section, to read:
265	393.0655  Screening of direct service providers.-
266	(1)  MINIMUM STANDARDS.-The agency shall require level 2
267	employment screening pursuant to chapter 435 for direct service
268	providers who are unrelated to their clients, including support
269	coordinators, and managers and supervisors of residential
270	facilities or comprehensive transitional education programs
271	licensed under this chapter and any other person, including
272	volunteers, who provide care or services, who have access to a
273	client's living areas, or who have access to a client's funds or
274	personal property. Background screening shall include employment
275	history checks as provided in s. 435.03(1) and local criminal
276	records checks through local law enforcement agencies.
277	(a)  A volunteer who assists on an intermittent basis for
278	less than 10 40 hours per month does not have to be screened if
279	a person who meets the screening requirement of this section is
280	always present and has the volunteer within his or her line of
281	sight if the volunteer is under the direct and constant visual
282	supervision of persons who meet the screening requirements of
283	this section.
284	(e)  A direct service provider who is awaiting the
285	completion of background screening is temporarily exempt from
286	the screening requirements under this section if the provider is
287	under the direct and constant visual supervision of persons who
288	meet the screening requirements of this section. Such exemption
289	expires 90 days after the direct service provider first provides
290	care or services to clients, has access to a client's living
291	areas, or has access to a client's funds or personal property.
292	(5)  DISQUALIFYING OFFENSES.-The background screening
293	conducted under this section must ensure that, in addition to
294	the disqualifying offenses listed in s. 435.04, no person
295	subject to the provisions of this section has an arrest awaiting
296	final disposition for, has been found guilty of, regardless of
297	adjudication, or entered a plea of nolo contendere or guilty to,
298	or has been adjudicated delinquent and the record has not been
299	sealed or expunged for, any offense prohibited under any of the
300	following provisions of state law or similar law of another
301	jurisdiction:
302	(a)  Any authorizing statutes, if the offense was a felony.
303	(b)  This chapter, if the offense was a felony.
304	(c)  Section 409.920, relating to Medicaid provider fraud.
305	(d)  Section 409.9201, relating to Medicaid fraud.
306	(e)  Section 817.034, relating to fraudulent acts through
307	mail, wire, radio, electromagnetic, photoelectronic, or
308	photooptical systems.
309	(f)  Section 817.234, relating to false and fraudulent
310	insurance claims.
311	(g)  Section 817.505, relating to patient brokering.
312	(h)  Section 817.568, relating to criminal use of personal
313	identification information.
314	(i)  Section 817.60, relating to obtaining a credit card
315	through fraudulent means.
316	(j)  Section 817.61, relating to fraudulent use of credit
317	cards, if the offense was a felony.
318	(k)  Section 831.01, relating to forgery.
319	(l)  Section 831.02, relating to uttering forged
320	instruments.
321	(m)  Section 831.07, relating to forging bank bills,
322	checks, drafts, or promissory notes.
323	(n)  Section 831.09, relating to uttering forged bank
324	bills, checks, drafts, or promissory notes.
325	Section 5.  Section 394.4572, Florida Statutes, is amended
326	to read:
327	394.4572  Screening of mental health personnel.-
328	(1)(a)  The department and the Agency for Health Care
329	Administration shall require level 2 background employment
330	screening pursuant to chapter 435 for mental health personnel
331	using the standards for level 2 screening set forth in chapter
332	435. "Mental health personnel" includes all program directors,
333	professional clinicians, staff members, and volunteers working
334	in public or private mental health programs and facilities who
335	have direct contact with individuals held for examination or
336	admitted for mental health treatment unmarried patients under
337	the age of 18 years. For purposes of this chapter,
338	screening of mental health personnel shall also includes
339	include, but is not limited to, employment screening as provided
340	under chapter 435 and s. 408.809.
341	(b)  Students in the health care professions who are
342	interning in a mental health facility licensed under chapter
343	395, where the primary purpose of the facility is not the
344	treatment of minors, are exempt from the fingerprinting and
345	screening requirements if, provided they are under direct
346	supervision in the actual physical presence of a licensed health
347	care professional.
348	(c)  Mental health personnel working in a facility licensed
349	under chapter 395 who have less than 15 hours per week of direct
350	contact with patients or who are health care professionals
351	licensed by the Agency for Health Care Administration or a board
352	thereunder are exempt from the fingerprinting and screening
353	requirements, except for persons working in mental health
354	facilities where the primary purpose of the facility is the
355	treatment of minors.
356	(c)(d)  A volunteer who assists on an intermittent basis
357	for less than 10 40 hours per month is exempt from the
358	fingerprinting and screening requirements if a person who meets
359	the screening requirement of paragraph (a) is always present and
360	has the volunteer within his or her line of sight, provided the
361	volunteer is under direct and constant supervision by persons
362	who meet the screening requirements of paragraph (a).
363	(2)  The department or the Agency for Health Care
364	Administration may grant exemptions from disqualification as
365	provided in chapter 435 s. 435.06.
366	(3)  Prospective mental health personnel who have
367	previously been fingerprinted or screened pursuant to this
368	chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
369	or teachers who have been fingerprinted pursuant to chapter
370	1012, who have not been unemployed for more than 90 days
371	thereafter, and who under the penalty of perjury attest to the
372	completion of such fingerprinting or screening and to compliance
373	with the provisions of this section and the standards for level
374	1 screening contained in chapter 435, shall not be required to
375	be refingerprinted or rescreened in order to comply with any
376	screening requirements of this part.
377	Section 6.  Section 400.215, Florida Statutes, is amended
378	to read:
379	400.215  Personnel screening requirement.-
380	(1)  The agency shall require level 2 background screening
381	for personnel as required in s. 408.809(1)(e) pursuant to as
382	provided in chapter 435 and s. 408.809. for all employees or
383	prospective employees of facilities licensed under this part who
384	are expected to, or whose responsibilities may require them to:
385	(a)  Provide personal care or services to residents;
386	(b)  Have access to resident living areas; or
387	(c)  Have access to resident funds or other personal
388	property.
389	(2)  Employers and employees shall comply with the
390	requirements of s. 435.05.
391	(a)  Notwithstanding the provisions of s. 435.05(1),
392	facilities must have in their possession evidence that level 1
393	screening has been completed before allowing an employee to
394	begin working with patients as provided in subsection (1). All
395	information necessary for conducting background screening using
396	level 1 standards as specified in s. 435.03 shall be submitted
397	by the nursing facility to the agency. Results of the background
398	screening shall be provided by the agency to the requesting
399	nursing facility.
400	(b)  Employees qualified under the provisions of paragraph
401	(a) who have not maintained continuous residency within the
402	state for the 5 years immediately preceding the date of request
403	for background screening must complete level 2 screening, as
404	provided in chapter 435. Such employees may work in a
405	conditional status up to 180 days pending the receipt of written
406	findings evidencing the completion of level 2 screening. Level 2
407	screening shall not be required of employees or prospective
408	employees who attest in writing under penalty of perjury that
409	they meet the residency requirement. Completion of level 2
410	screening shall require the employee or prospective employee to
411	furnish to the nursing facility a full set of fingerprints to
412	enable a criminal background investigation to be conducted. The
413	nursing facility shall submit the completed fingerprint card to
414	the agency. The agency shall establish a record of the request
415	in the database provided for in paragraph (c) and forward the
416	request to the Department of Law Enforcement, which is
417	authorized to submit the fingerprints to the Federal Bureau of
418	Investigation for a national criminal history records check. The
419	results of the national criminal history records check shall be
420	returned to the agency, which shall maintain the results in the
421	database provided for in paragraph (c). The agency shall notify
422	the administrator of the requesting nursing facility or the
423	administrator of any other facility licensed under chapter 393,
424	chapter 394, chapter 395, chapter 397, chapter 429, or this
425	chapter, as requested by such facility, as to whether or not the
426	employee has qualified under level 1 or level 2 screening. An
427	employee or prospective employee who has qualified under level 2
428	screening and has maintained such continuous residency within
429	the state shall not be required to complete a subsequent level 2
430	screening as a condition of employment at another facility.
431	(c)  The agency shall establish and maintain a database of
432	background screening information which shall include the results
433	of both level 1 and level 2 screening. The Department of Law
434	Enforcement shall timely provide to the agency, electronically,
435	the results of each statewide screening for incorporation into
436	the database. The agency shall, upon request from any facility,
437	agency, or program required by or authorized by law to screen
438	its employees or applicants, notify the administrator of the
439	facility, agency, or program of the qualifying or disqualifying
440	status of the employee or applicant named in the request.
441	(d)  Applicants and employees shall be excluded from
442	employment pursuant to s. 435.06.
443	(3)  The applicant is responsible for paying the fees
444	associated with obtaining the required screening. Payment for
445	the screening shall be submitted to the agency. The agency shall
446	establish a schedule of fees to cover the costs of level 1 and
447	level 2 screening. Facilities may reimburse employees for these
448	costs. The Department of Law Enforcement shall charge the agency
449	for a level 1 or level 2 screening a rate sufficient to cover
450	the costs of such screening pursuant to s. 943.053(3). The
451	agency shall, as allowable, reimburse nursing facilities for the
452	cost of conducting background screening as required by this
453	section. This reimbursement is will not be subject to any rate
454	ceilings or payment targets in the Medicaid Reimbursement plan.
455	(4)(a)  As provided in s. 435.07, the agency may grant an
456	exemption from disqualification to an employee or prospective
457	employee who is subject to this section and who has not received
458	a professional license or certification from the Department of
459	Health.
460	(b)  As provided in s. 435.07, the appropriate regulatory
461	board within the Department of Health, or that department itself
462	when there is no board, may grant an exemption from
463	disqualification to an employee or prospective employee who is
464	subject to this section and who has received a professional
465	license or certification from the Department of Health or a
466	regulatory board within that department.
467	(5)  Any provision of law to the contrary notwithstanding,
468	persons who have been screened and qualified as required by this
469	section and who have not been unemployed for more than 180 days
470	thereafter, and who under penalty of perjury attest to not
471	having been convicted of a disqualifying offense since the
472	completion of such screening, shall not be required to be
473	rescreened. An employer may obtain, pursuant to s. 435.10,
474	written verification of qualifying screening results from the
475	previous employer or other entity which caused such screening to
476	be performed.
477	(6)  The agency and the Department of Health shall have
478	authority to adopt rules pursuant to the Administrative
479	Procedure Act to implement this section.
480	(7)  All employees shall comply with the requirements of
481	this section by October 1, 1998. No current employee of a
482	nursing facility as of the effective date of this act shall be
483	required to submit to rescreening if the nursing facility has in
484	its possession written evidence that the person has been
485	screened and qualified according to level 1 standards as
486	specified in s. 435.03(1). Any current employee who meets the
487	level 1 requirement but does not meet the 5-year residency
488	requirement as specified in this section must provide to the
489	employing nursing facility written attestation under penalty of
490	perjury that the employee has not been convicted of a
491	disqualifying offense in another state or jurisdiction. All
492	applicants hired on or after October 1, 1998, shall comply with
493	the requirements of this section.
494	(8)  There is no monetary or unemployment liability on the
495	part of, and no cause of action for damages arising against an
496	employer that, upon notice of a disqualifying offense listed
497	under chapter 435 or an act of domestic violence, terminates the
498	employee against whom the report was issued, whether or not the
499	employee has filed for an exemption with the Department of
500	Health or the Agency for Health Care Administration.
501	Section 7.  Subsection (9) of section 400.506, Florida
502	Statutes, is amended to read:
503	400.506  Licensure of nurse registries; requirements;
504	penalties.-
505	(9)  Each nurse registry must comply with the background
506	screening requirements procedures set forth in s. 400.512 for
507	maintaining records of the work history of all persons referred
508	for contract and is subject to the standards and conditions set
509	forth in that section. However, an initial screening may not be
510	required for persons who have been continuously registered with
511	the nurse registry since October 1, 2000.
512	Section 8.  Section 400.512, Florida Statutes, is amended
513	to read:
514	400.512  Screening of home health agency personnel; nurse
515	registry personnel and contractors; and companions and
516	homemakers.-The agency, registry, or service shall require level
517	2 background screening for employees or contractors as required
518	in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809
519	employment or contractor screening as provided in chapter 435,
520	using the level 1 standards for screening set forth in that
521	chapter, for home health agency personnel; persons referred for
522	employment by nurse registries; and persons employed by
523	companion or homemaker services registered under s. 400.509.
524	(1)(a)  The Agency for Health Care Administration may, upon
525	request, grant exemptions from disqualification from employment
526	or contracting under this section as provided in s. 435.07,
527	except for health care practitioners licensed by the Department
528	of Health or a regulatory board within that department.
529	(b)  The appropriate regulatory board within the Department
530	of Health, or that department itself when there is no board,
531	may, upon request of the licensed health care practitioner,
532	grant exemptions from disqualification from employment or
533	contracting under this section as provided in s. 435.07.
534	(2)  The administrator of each home health agency, the
535	managing employee of each nurse registry, and the managing
536	employee of each companion or homemaker service registered under
537	s. 400.509 must sign an affidavit annually, under penalty of
538	perjury, stating that all personnel hired or contracted with or
539	registered on or after October 1, 2000, who enter the home of a
540	patient or client in their service capacity have been screened.
541	(3)  As a prerequisite to operating as a home health
542	agency, nurse registry, or companion or homemaker service under
543	s. 400.509, the administrator or managing employee,
544	respectively, must submit to the agency his or her name and any
545	other information necessary to conduct a complete screening
546	according to this section. The agency shall submit the
547	information to the Department of Law Enforcement for state
548	processing. The agency shall review the record of the
549	administrator or manager with respect to the offenses specified
550	in this section and shall notify the owner of its findings. If
551	disposition information is missing on a criminal record, the
552	administrator or manager, upon request of the agency, must
553	obtain and supply within 30 days the missing disposition
554	information to the agency. Failure to supply missing information
555	within 30 days or to show reasonable efforts to obtain such
556	information will result in automatic disqualification.
557	(4)  Proof of compliance with the screening requirements of
558	chapter 435 shall be accepted in lieu of the requirements of
559	this section if the person has been continuously employed or
560	registered without a breach in service that exceeds 180 days,
561	the proof of compliance is not more than 2 years old, and the
562	person has been screened by the Department of Law Enforcement. A
563	home health agency, nurse registry, or companion or homemaker
564	service registered under s. 400.509 shall directly provide proof
565	of compliance to another home health agency, nurse registry, or
566	companion or homemaker service registered under s. 400.509. The
567	recipient home health agency, nurse registry, or companion or
568	homemaker service registered under s. 400.509 may not accept any
569	proof of compliance directly from the person who requires
570	screening. Proof of compliance with the screening requirements
571	of this section shall be provided upon request to the person
572	screened by the home health agencies; nurse registries; or
573	companion or homemaker services registered under s. 400.509.
574	(5)  There is no monetary liability on the part of, and no
575	cause of action for damages arises against, a licensed home
576	health agency, licensed nurse registry, or companion or
577	homemaker service registered under s. 400.509, that, upon notice
578	that the employee or contractor has been found guilty of,
579	regardless of adjudication, or entered a plea of nolo contendere
580	or guilty to, any offense prohibited under s. 435.03 or under
581	any similar statute of another jurisdiction, terminates the
582	employee or contractor, whether or not the employee or
583	contractor has filed for an exemption with the agency in
584	accordance with chapter 435 and whether or not the time for
585	filing has expired.
586	(6)  The costs of processing the statewide correspondence
587	criminal records checks must be borne by the home health agency;
588	the nurse registry; or the companion or homemaker service
589	registered under s. 400.509, or by the person being screened, at
590	the discretion of the home health agency, nurse registry, or s.
591	400.509 registrant.
592	Section 9.  Section 400.6065, Florida Statutes, is amended
593	to read:
594	400.6065  Background screening.-The agency shall require
595	level 2 background employment or contractor screening for
596	personnel as required in s. 408.809(1)(e) pursuant to chapter
597	435 and s. 408.809 as provided in chapter 435, using the level 1
598	standards for screening set forth in that chapter, for hospice
599	personnel.
600	Section 10.  Subsection (2) of section 400.801, Florida
601	Statutes, is amended to read:
602	400.801  Homes for special services.-
603	(2)(a)  The requirements of part II of chapter 408 apply to
604	the provision of services that require licensure pursuant to
605	this section and part II of chapter 408 and entities licensed by
606	or applying for such licensure from the agency pursuant to this
607	section. A license issued by the agency is required in order to
608	operate a home for special services in this state.
609	(b)  The agency shall require level 2 background screening
610	for personnel as required in s. 408.809(1)(e) pursuant to
611	chapter 435 and s. 408.809.
612	Section 11.  Paragraph (d) is added to subsection (2) of
613	section 400.805, Florida Statutes, to read:
614	400.805  Transitional living facilities.-
615	(2)
616	(d)  The agency shall require level 2 background screening
617	for personnel as required in s. 408.809(1)(e) pursuant to
618	chapter 435 and s. 408.809.
619	Section 12.  Section 400.9065, Florida Statutes, is created
620	to read:
621	400.9065  Background screening.-The agency shall require
622	level 2 background screening for personnel as required in s.
623	408.809(1)(e) pursuant to chapter 435 and s. 408.809.
624	Section 13.  Subsection (16) of section 400.934, Florida
625	Statutes, is amended to read:
626	400.934  Minimum standards.-As a requirement of licensure,
627	home medical equipment providers shall:
628	(16)  Establish procedures for maintaining a record of the
629	employment history, including background screening as required
630	by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
631	medical equipment provider personnel. A home medical equipment
632	provider must require its personnel to submit an employment
633	history to the home medical equipment provider and must verify
634	the employment history for at least the previous 5 years, unless
635	through diligent efforts such verification is not possible.
636	There is no monetary liability on the part of, and no cause of
637	action for damages arising against a former employer, a
638	prospective employee, or a prospective independent contractor
639	with a licensed home medical equipment provider, who reasonably
640	and in good faith communicates his or her honest opinions about
641	a former employee's job performance. This subsection does not
642	affect the official immunity of an officer or employee of a
643	public corporation.
644	Section 14.  Section 400.953, Florida Statutes, is amended
645	to read:
646	400.953  Background screening of home medical equipment
647	provider personnel.-The agency shall require level 2 background
648	screening for personnel as required in s. 408.809(1)(e) pursuant
649	to chapter 435 and s. 408.809 employment screening as provided
650	in chapter 435, using the level 1 standards for screening set
651	forth in that chapter, for home medical equipment provider
652	personnel.
653	(1)  The agency may grant exemptions from disqualification
654	from employment under this section as provided in s. 435.07.
655	(2)  The general manager of each home medical equipment
656	provider must sign an affidavit annually, under penalty of
657	perjury, stating that all home medical equipment provider
658	personnel hired on or after July 1, 1999, who enter the home of
659	a patient in the capacity of their employment have been screened
660	and that its remaining personnel have worked for the home
661	medical equipment provider continuously since before July 1,
662	1999.
663	(3)  Proof of compliance with the screening requirements of
664	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
665	s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
666	must be accepted in lieu of the requirements of this section if
667	the person has been continuously employed in the same type of
668	occupation for which he or she is seeking employment without a
669	breach in service that exceeds 180 days, the proof of compliance
670	is not more than 2 years old, and the person has been screened
671	by the Department of Law Enforcement. An employer or contractor
672	shall directly provide proof of compliance to another employer
673	or contractor, and a potential employer or contractor may not
674	accept any proof of compliance directly from the person
675	requiring screening. Proof of compliance with the screening
676	requirements of this section shall be provided, upon request, to
677	the person screened by the home medical equipment provider.
678	(4)  There is no monetary liability on the part of, and no
679	cause of action for damages arising against, a licensed home
680	medical equipment provider that, upon notice that an employee
681	has been found guilty of, regardless of adjudication, or entered
682	a plea of nolo contendere or guilty to, any offense prohibited
683	under s. 435.03 or under any similar statute of another
684	jurisdiction, terminates the employee, whether or not the
685	employee has filed for an exemption with the agency and whether
686	or not the time for filing has expired.
687	(5)  The costs of processing the statewide correspondence
688	criminal records checks must be borne by the home medical
689	equipment provider or by the person being screened, at the
690	discretion of the home medical equipment provider.
691	(6)  Neither the agency nor the home medical equipment
692	provider may use the criminal records or juvenile records of a
693	person for any purpose other than determining whether that
694	person meets minimum standards of good moral character for home
695	medical equipment provider personnel.
696	(7)(a)  It is a misdemeanor of the first degree, punishable
697	as provided in s. 775.082 or s. 775.083, for any person
698	willfully, knowingly, or intentionally to:
699	1.  Fail, by false statement, misrepresentation,
700	impersonation, or other fraudulent means, to disclose in any
701	application for paid employment a material fact used in making a
702	determination as to the person's qualifications to be an
703	employee under this section;
704	2.  Operate or attempt to operate an entity licensed under
705	this part with persons who do not meet the minimum standards for
706	good moral character as contained in this section; or
707	3.  Use information from the criminal records obtained
708	under this section for any purpose other than screening that
709	person for employment as specified in this section, or release
710	such information to any other person for any purpose other than
711	screening for employment under this section.
712	(b)  It is a felony of the third degree, punishable as
713	provided in s. 775.082, s. 775.083, or s. 775.084, for any
714	person willfully, knowingly, or intentionally to use information
715	from the juvenile records of a person obtained under this
716	section for any purpose other than screening for employment
717	under this section.
718	Section 15.  Section 400.955, Florida Statutes, is
719	repealed.
720	Section 16.  Section 400.964, Florida Statutes, is amended
721	to read:
722	400.964  Personnel screening requirement.-
723	(1)  The agency shall require level 2 background screening
724	for personnel as required in s. 408.809(1)(e) pursuant to
725	chapter 435 and s. 408.809 as provided in chapter 435 for all
726	employees or prospective employees of facilities licensed under
727	this part who are expected to be, or whose responsibilities are
728	such that they would be considered to be, a direct service
729	provider.
730	(2)  Employers and employees shall comply with the
731	requirements of chapter 435.
732	(3)  Applicants and employees shall be excluded from
733	employment pursuant to s. 435.06.
734	(4)  The applicant is responsible for paying the fees
735	associated with obtaining the required screening. Payment for
736	the screening must be submitted to the agency as prescribed by
737	the agency.
738	(5)  Notwithstanding any other provision of law, persons
739	who have been screened and qualified as required by this section
740	and who have not been unemployed for more than 180 days
741	thereafter, and who under penalty of perjury attest to not
742	having been convicted of a disqualifying offense since the
743	completion of such screening are not required to be rescreened.
744	An employer may obtain, pursuant to s. 435.10, written
745	verification of qualifying screening results from the previous
746	employer or other entity that caused such screening to be
747	performed.
748	(6)  The agency may adopt rules to administer this section.
749	(7)  All employees must comply with the requirements of
750	this section by October 1, 2000. A person employed by a facility
751	licensed pursuant to this part as of the effective date of this
752	act is not required to submit to rescreening if the facility has
753	in its possession written evidence that the person has been
754	screened and qualified according to level 1 standards as
755	specified in s. 435.03. Any current employee who meets the level
756	1 requirement but does not meet the 5-year residency requirement
757	must provide to the employing facility written attestation under
758	penalty of perjury that the employee has not been convicted of a
759	disqualifying offense in another state or jurisdiction. All
760	applicants hired on or after October 1, 1999, must comply with
761	the requirements of this section.
762	(8)  There is no monetary or unemployment liability on the
763	part of, and no cause of action for damages arises against an
764	employer that, upon notice of a disqualifying offense listed
765	under chapter 435 or an act of domestic violence, terminates the
766	employee, whether or not the employee has filed for an exemption
767	with the Department of Health or the Agency for Health Care
768	Administration.
769	Section 17.  Subsection (3) of section 400.980, Florida
770	Statutes, is amended to read:
771	400.980  Health care services pools.-
772	(3)  Upon receipt of a completed, signed, and dated
773	application, The agency shall require level 2 background
774	screening for personnel as required in s. 408.809(1)(e) pursuant
775	to chapter 435 and s. 408.809, in accordance with the level 1
776	standards for screening set forth in chapter 435, of every
777	individual who will have contact with patients.
778	Section 18.  Subsection (5) of section 400.991, Florida
779	Statutes, is amended to read:
780	400.991  License requirements; background screenings;
781	prohibitions.-
782	(5)  Each applicant for licensure shall comply with the
783	following requirements:
784	(a)  As used in this subsection, the term "applicant" means
785	individuals owning or controlling, directly or indirectly, 5
786	percent or more of an interest in a clinic; the medical or
787	clinic director, or a similarly titled person who is responsible
788	for the day-to-day operation of the licensed clinic; the
789	financial officer or similarly titled individual who is
790	responsible for the financial operation of the clinic; and
791	licensed health care practitioners at the clinic.
792	(b)  Upon receipt of a completed, signed, and dated
793	application, The agency shall require level 2 background
794	screening for applicants and personnel as required in s.
795	408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
796	applicant, in accordance with the level 2 standards for
797	screening set forth in chapter 435. Proof of compliance with the
798	level 2 background screening requirements of chapter 435 which
799	has been submitted within the previous 5 years in compliance
800	with any other health care licensure requirements of this state
801	is acceptable in fulfillment of this paragraph. Applicants who
802	own less than 10 percent of a health care clinic are not
803	required to submit fingerprints under this section.
804	(c)  Each applicant must submit to the agency, with the
805	application, a description and explanation of any exclusions,
806	permanent suspensions, or terminations of an applicant from the
807	Medicare or Medicaid programs. Proof of compliance with the
808	requirements for disclosure of ownership and control interest
809	under the Medicaid or Medicare programs may be accepted in lieu
810	of this submission. The description and explanation may indicate
811	whether such exclusions, suspensions, or terminations were
812	voluntary or not voluntary on the part of the applicant.
813	(d)  A license may not be granted to a clinic if the
814	applicant has been found guilty of, regardless of adjudication,
815	or has entered a plea of nolo contendere or guilty to, any
816	offense prohibited under the level 2 standards for screening set
817	forth in chapter 435, or a violation of insurance fraud under s.
818	817.234, within the past 5 years. If the applicant has been
819	convicted of an offense prohibited under the level 2 standards
820	or insurance fraud in any jurisdiction, the applicant must show
821	that his or her civil rights have been restored prior to
822	submitting an application.
823	Section 19.  Paragraph (h) is added to subsection (1) of
824	section 408.806, Florida Statutes, to read:
825	408.806  License application process.-
826	(1)  An application for licensure must be made to the
827	agency on forms furnished by the agency, submitted under oath,
828	and accompanied by the appropriate fee in order to be accepted
829	and considered timely. The application must contain information
830	required by authorizing statutes and applicable rules and must
831	include:
832	(h)  An affidavit, under penalty of perjury, as required in
833	s. 435.05(3), stating compliance with the provisions of this
834	section and chapter 435.
835	Section 20.  Subsection (2) of section 408.808, Florida
836	Statutes, is amended to read:
837	408.808  License categories.-
838	(2)  PROVISIONAL LICENSE.-A provisional license may be
839	issued to an applicant pursuant to s. 408.809(3). An applicant
840	against whom a proceeding denying or revoking a license is
841	pending at the time of license renewal may be issued a
842	provisional license effective until final action not subject to
843	further appeal. A provisional license may also be issued to an
844	applicant applying for a change of ownership. A provisional
845	license must shall be limited in duration to a specific period
846	of time, up not to exceed 12 months, as determined by the
847	agency.
848	Section 21.  Section 408.809, Florida Statutes, is amended
849	to read:
850	408.809  Background screening; prohibited offenses.-
851	(1)  Level 2 background screening pursuant to chapter 435
852	must be conducted through the agency on each of the following
853	persons, who are shall be considered employees an employee for
854	the purposes of conducting screening under chapter 435:
855	(a)  The licensee, if an individual.
856	(b)  The administrator or a similarly titled person who is
857	responsible for the day-to-day operation of the provider.
858	(c)  The financial officer or similarly titled individual
859	who is responsible for the financial operation of the licensee
860	or provider.
861	(d)  Any person who is a controlling interest if the agency
862	has reason to believe that such person has been convicted of any
863	offense prohibited by s. 435.04. For each controlling interest
864	who has been convicted of any such offense, the licensee shall
865	submit to the agency a description and explanation of the
866	conviction at the time of license application.
867	(e)  Any person, as required by authorizing statutes,
868	seeking employment with a licensee or provider who is expected
869	to, or whose responsibilities may require him or her to, provide
870	personal care or services directly to clients or have access to
871	client funds, personal property, or living areas; and any
872	person, as required by authorizing statutes, contracting with a
873	licensee or provider whose responsibilities require him or her
874	to provide personal care or personal services directly to
875	clients. Evidence of contractor screening may be retained by the
876	contractor's employer or the licensee.
877	(2)  Every 5 years following his or her licensure,
878	employment, or entry into a contract in a capacity that under
879	subsection (1) would require level 2 background screening under
880	chapter 435, each such person must submit to level 2 background
881	rescreening as a condition of retaining such license or
882	continuing in such employment or contractual status. For any
883	such rescreening, the agency shall request the Department of Law
884	Enforcement to forward the person's fingerprints to the Federal
885	Bureau of Investigation for a national criminal history record
886	check. If the fingerprints of such a person are not retained by
887	the Department of Law Enforcement under s. 943.05(2)(g), the
888	person must file a complete set of fingerprints with the agency
889	and the agency shall forward the fingerprints to the Department
890	of Law Enforcement for state processing, and the Department of
891	Law Enforcement shall forward the fingerprints to the Federal
892	Bureau of Investigation for a national criminal history record
893	check. The fingerprints may be retained by the Department of Law
894	Enforcement under s. 943.05(2)(g). The cost of the state and
895	national criminal history records checks required by level 2
896	screening may be borne by the licensee or the person
897	fingerprinted. Proof of compliance with level 2 screening
898	standards submitted within the previous 5 years to meet any
899	provider or professional licensure requirements of the agency,
900	the Department of Health, the Agency for Persons with
901	Disabilities, or the Department of Children and Family Services,
902	or the Department of Financial Services for an applicant for a
903	certificate of authority or provisional certificate of authority
904	to operate a continuing care retirement community under chapter
905	651 satisfies the requirements of this section if the person
906	subject to screening has not been unemployed for more than 90
907	days and, provided that such proof is accompanied, under penalty
908	of perjury, by an affidavit of compliance with the provisions of
909	chapter 435 and this section using forms provided by the agency.
910	Proof of compliance with the background screening requirements
911	of the Department of Financial Services submitted within the
912	previous 5 years for an applicant for a certificate of authority
913	to operate a continuing care retirement community under chapter
914	651 satisfies the Department of Law Enforcement and Federal
915	Bureau of Investigation portions of a level 2 background check.
916	(3)  All fingerprints must be provided in electronic
917	format. Screening results shall be reviewed by the agency with
918	respect to the offenses specified in s. 435.04 and this section,
919	and the qualifying or disqualifying status of the person named
920	in the request shall be maintained in a database. The qualifying
921	or disqualifying status of the person named in the request shall
922	be posted on a secure website for retrieval by the licensee or
923	designated agent on the licensee's behalf. A provisional license
924	may be granted to an applicant when each individual required by
925	this section to undergo background screening has met the
926	standards for the Department of Law Enforcement background check
927	but the agency has not yet received background screening results
928	from the Federal Bureau of Investigation. A standard license may
929	be granted to the licensee upon the agency's receipt of a report
930	of the results of the Federal Bureau of Investigation background
931	screening for each individual required by this section to
932	undergo background screening that confirms that all standards
933	have been met or upon the granting of an exemption from
934	disqualification by the agency as set forth in chapter 435.
935	(4)  When a person is newly employed in a capacity that
936	requires screening under this section, the licensee must notify
937	the agency of the change within the time period specified in the
938	authorizing statute or rules and must submit to the agency
939	information necessary to conduct level 2 screening or provide
940	evidence of compliance with background screening requirements of
941	this section. The person may serve in his or her capacity
942	pending the agency's receipt of the report from the Federal
943	Bureau of Investigation if he or she has met the standards for
944	the Department of Law Enforcement background check. However, the
945	person may not continue to serve in his or her capacity if the
946	report indicates any violation of background screening standards
947	unless an exemption from disqualification has been granted by
948	the agency as set forth in chapter 435.
949	(4)(5)  Effective October 1, 2009, In addition to the
950	offenses listed in s. ss. 435.03 and 435.04, all persons
951	required to undergo background screening pursuant to this part
952	or authorizing statutes must not have an arrest awaiting final
953	disposition for, must not have been found guilty of, regardless
954	of adjudication, or entered a plea of nolo contendere or guilty
955	to, and must not have been adjudicated delinquent and the record
956	not have been sealed or expunged for any of the following
957	offenses or any similar offense of another jurisdiction:
958	(a)  Any authorizing statutes, if the offense was a felony.
959	(b)  This chapter, if the offense was a felony.
960	(c)  Section 409.920, relating to Medicaid provider fraud,
961	if the offense was a felony.
962	(d)  Section 409.9201, relating to Medicaid fraud, if the
963	offense was a felony.
964	(e)  Section 741.28, relating to domestic violence.
965	(f)  Chapter 784, relating to assault, battery, and
966	culpable negligence, if the offense was a felony.
967	(g)  Section 810.02, relating to burglary.
968	(f)(h)  Section 817.034, relating to fraudulent acts
969	through mail, wire, radio, electromagnetic, photoelectronic, or
970	photooptical systems.
971	(g)(i)  Section 817.234, relating to false and fraudulent
972	insurance claims.
973	(h)(j)  Section 817.505, relating to patient brokering.
974	(i)(k)  Section 817.568, relating to criminal use of
975	personal identification information.
976	(j)(l)  Section 817.60, relating to obtaining a credit card
977	through fraudulent means.
978	(k)(m)  Section 817.61, relating to fraudulent use of
979	credit cards, if the offense was a felony.
980	(l)(n)  Section 831.01, relating to forgery.
981	(m)(o)  Section 831.02, relating to uttering forged
982	instruments.
983	(n)(p)  Section 831.07, relating to forging bank bills,
984	checks, drafts, or promissory notes.
985	(o)(q)  Section 831.09, relating to uttering forged bank
986	bills, checks, drafts, or promissory notes.
987	(p)(r)  Section 831.30, relating to fraud in obtaining
988	medicinal drugs.
989	(q)(s)  Section 831.31, relating to the sale, manufacture,
990	delivery, or possession with the intent to sell, manufacture, or
991	deliver any counterfeit controlled substance, if the offense was
992	a felony.
993
994	A person who serves as a controlling interest of, or is employed
995	by, or contracts with a licensee on July 31, 2010 September 30,
996	2009, who has been screened and qualified according to standards
997	specified in s. 435.03 or s. 435.04 must be rescreened by July
998	31, 2015. The agency may adopt rules to establish a schedule to
999	stagger the implementation of the required rescreening over the
1000	5-year period, beginning July 31, 2010, through July 31, 2015.
1001	If, upon rescreening, is not required by law to submit to
1002	rescreening if that licensee has in its possession written
1003	evidence that the person has been screened and qualified
1004	according to the standards specified in s. 435.03 or s. 435.04.
1005	However, if such person has a disqualifying offense that was not
1006	a disqualifying offense at the time of the last screening, but
1007	is a current disqualifying offense and was committed before the
1008	last screening listed in this section, he or she may apply for
1009	an exemption from the appropriate licensing agency before
1010	September 30, 2009, and, if agreed to by the employer, may
1011	continue to perform his or her duties until the licensing agency
1012	renders a decision on the application for exemption if the
1013	person is eligible to apply for an exemption and the exemption
1014	request is received by the agency within 30 days after receipt
1015	of the rescreening results by the person for offenses listed in
1016	this section. Exemptions from disqualification may be granted
1017	pursuant to s. 435.07.
1018	(5)(6)  The costs associated with obtaining the required
1019	screening must be borne by the licensee or the person subject to
1020	screening. Licensees may reimburse persons for these costs. The
1021	Department of Law Enforcement shall charge the agency for
1022	screening pursuant to s. 943.053(3). The agency shall establish
1023	a schedule of fees to cover the costs of screening The
1024	attestations required under ss. 435.04(5) and 435.05(3) must be
1025	submitted at the time of license renewal, notwithstanding the
1026	provisions of ss. 435.04(5) and 435.05(3) which require annual
1027	submission of an affidavit of compliance with background
1028	screening requirements.
1029	(6)(a)  As provided in chapter 435, the agency may grant an
1030	exemption from disqualification to a person who is subject to
1031	this section and who:
1032	1.  Does not have an active professional license or
1033	certification from the Department of Health; or
1034	2.  Has an active professional license or certification
1035	from the Department of Health but is not providing a service
1036	within the scope of that license or certification.
1037	(b)  As provided in chapter 435, the appropriate regulatory
1038	board within the Department of Health, or the department itself
1039	if there is no board, may grant an exemption from
1040	disqualification to a person who is subject to this section and
1041	who has received a professional license or certification from
1042	the Department of Health or a regulatory board within that
1043	department and that person is providing a service within the
1044	scope of his or her licensed or certified practice.
1045	(7)  The agency and the Department of Health may adopt
1046	rules pursuant to ss. 120.536(1) and 120.54 to implement this
1047	section, chapter 435, and authorizing statutes requiring
1048	background screening and to implement and adopt criteria
1049	relating to retaining fingerprints pursuant to s. 943.05(2).
1050	(8)  There is no unemployment compensation or other
1051	monetary liability on the part of, and no cause of action for
1052	damages arising against, an employer that, upon notice of a
1053	disqualifying offense listed under chapter 435 or this section,
1054	terminates the person against whom the report was issued,
1055	whether or not that person has filed for an exemption with the
1056	Department of Health or the agency.
1057	Section 22.  Subsection (3) of section 402.302, Florida
1058	Statutes, is amended to read:
1059	402.302  Definitions.-
1060	(3)  "Child care personnel" means all owners, operators,
1061	employees, and volunteers working in a child care facility. The
1062	term does not include persons who work in a child care facility
1063	after hours when children are not present or parents of children
1064	in a child care facility Head Start. For purposes of screening,
1065	the term includes any member, over the age of 12 years, of a
1066	child care facility operator's family, or person, over the age
1067	of 12 years, residing with a child care facility operator if the
1068	child care facility is located in or adjacent to the home of the
1069	operator or if the family member of, or person residing with,
1070	the child care facility operator has any direct contact with the
1071	children in the facility during its hours of operation. Members
1072	of the operator's family or persons residing with the operator
1073	who are between the ages of 12 years and 18 years are shall not
1074	be required to be fingerprinted but must shall be screened for
1075	delinquency records. For purposes of screening, the term shall
1076	also includes include persons who work in child care programs
1077	that which provide care for children 15 hours or more each week
1078	in public or nonpublic schools, summer day camps, family day
1079	care homes, or those programs otherwise exempted under s.
1080	402.316. The term does not include public or nonpublic school
1081	personnel who are providing care during regular school hours, or
1082	after hours for activities related to a school's program for
1083	grades kindergarten through 12. A volunteer who assists on an
1084	intermittent basis for less than 10 40 hours per month is not
1085	included in the term "personnel" for the purposes of screening
1086	and training if a person who meets the screening requirement of
1087	s. 402.305(2) is always present and has the volunteer in his or
1088	her line of sight, provided that the volunteer is under direct
1089	and constant supervision by persons who meet the personnel
1090	requirements of s. 402.305(2). Students who observe and
1091	participate in a child care facility as a part of their required
1092	coursework are shall not be considered child care personnel,
1093	provided such observation and participation are on an
1094	intermittent basis and a person who meets the screening
1095	requirement of s. 402.305(2) is always present and has the
1096	student in his or her line of sight the students are under
1097	direct and constant supervision of child care personnel.
1098	Section 23.  Paragraphs (i) and (k) of subsection (2) of
1099	section 409.175, Florida Statutes, are amended, present
1100	paragraphs (b) and (c) of subsection (5) of that section are
1101	redesignated as paragraphs (c) and (d), respectively, and a new
1102	paragraph (b) is added to that section to read:
1103	409.175  Licensure of family foster homes, residential
1104	child-caring agencies, and child-placing agencies; public
1105	records exemption.-
1106	(2) As used in this section, the term:
1107	(i)  "Personnel" means all owners, operators, employees,
1108	and volunteers working in a child-placing agency, family foster
1109	home, or residential child-caring agency who may be employed by
1110	or do volunteer work for a person, corporation, or agency that
1111	which holds a license as a child-placing agency or a residential
1112	child-caring agency, but the term does not include those who do
1113	not work on the premises where child care is furnished and
1114	either have no direct contact with a child or have no contact
1115	with a child outside of the presence of the child's parent or
1116	guardian. For purposes of screening, the term includes shall
1117	include any member, over the age of 12 years, of the family of
1118	the owner or operator or any person other than a client, over
1119	the age of 12 years, residing with the owner or operator if the
1120	agency or family foster home is located in or adjacent to the
1121	home of the owner or operator or if the family member of, or
1122	person residing with, the owner or operator has any direct
1123	contact with the children. Members of the family of the owner or
1124	operator, or persons residing with the owner or operator, who
1125	are between the ages of 12 years and 18 years are shall not be
1126	required to be fingerprinted, but must shall be screened for
1127	delinquency records. For purposes of screening, the term
1128	"personnel" shall also includes include owners, operators,
1129	employees, and volunteers working in summer day camps, or summer
1130	24-hour camps providing care for children. A volunteer who
1131	assists on an intermittent basis for less than 10 40 hours per
1132	month shall not be included in the term "personnel" for the
1133	purposes of screening if a person who meets the screening
1134	requirement of this section is always present and has the
1135	volunteer in his or her line of sight, provided that the
1136	volunteer is under direct and constant supervision by persons
1137	who meet the personnel requirements of this section.
1138	(k)  "Screening" means the act of assessing the background
1139	of personnel and includes, but is not limited to, employment
1140	history checks as provided in chapter 435, using the level 2
1141	standards for screening set forth in that chapter. Screening for
1142	employees and volunteers in summer day camps and summer 24-hour
1143	camps and screening for all volunteers included under the
1144	definition of "personnel" shall be conducted as provided in
1145	chapter 435, using the level 1 standards set forth in that
1146	chapter.
1147	(5)
1148	(b)  The department shall randomly drug test a licensed
1149	foster parent if there is a reasonable suspicion that he or she
1150	is using illegal drugs. The cost of testing shall be paid by the
1151	foster parent but shall be reimbursed by the department if the
1152	test is negative. The department may adopt rules necessary to
1153	administer this paragraph.
1154	Section 24.  Paragraph (i) of subsection (4) of section
1155	409.221, Florida Statutes, is amended to read:
1156	409.221  Consumer-directed care program.-
1157	(4)  CONSUMER-DIRECTED CARE.-
1158	(i)  Background screening requirements.-All persons who
1159	render care under this section must undergo level 2 background
1160	screening pursuant to chapter 435 shall comply with the
1161	requirements of s. 435.05. Persons shall be excluded from
1162	employment pursuant to s. 435.06.
1163	1.  Persons excluded from employment may request an
1164	exemption from disqualification, as provided in s. 435.07.
1165	Persons not subject to certification or professional licensure
1166	may request an exemption from the agency. In considering a
1167	request for an exemption, the agency shall comply with the
1168	provisions of s. 435.07.
1169	2.  The agency shall, as allowable, reimburse consumer-
1170	employed caregivers for the cost of conducting background
1171	screening as required by this section.
1172
1173	For purposes of this section, a person who has undergone
1174	screening, who is qualified for employment under this section
1175	and applicable rule, and who has not been unemployed for more
1176	than 90 180 days following such screening is not required to be
1177	rescreened. Such person must attest under penalty of perjury to
1178	not having been convicted of a disqualifying offense since
1179	completing such screening.
1180	Section 25.  Subsection (8) of section 409.907, Florida
1181	Statutes, is amended to read:
1182	409.907  Medicaid provider agreements.-The agency may make
1183	payments for medical assistance and related services rendered to
1184	Medicaid recipients only to an individual or entity who has a
1185	provider agreement in effect with the agency, who is performing
1186	services or supplying goods in accordance with federal, state,
1187	and local law, and who agrees that no person shall, on the
1188	grounds of handicap, race, color, or national origin, or for any
1189	other reason, be subjected to discrimination under any program
1190	or activity for which the provider receives payment from the
1191	agency.
1192	(8)(a)  Each provider, or each principal of the provider if
1193	the provider is a corporation, partnership, association, or
1194	other entity, seeking to participate in the Medicaid program
1195	must submit a complete set of his or her fingerprints to the
1196	agency for the purpose of conducting a criminal history record
1197	check. Principals of the provider include any officer, director,
1198	billing agent, managing employee, or affiliated person, or any
1199	partner or shareholder who has an ownership interest equal to 5
1200	percent or more in the provider. However, a director of a not-
1201	for-profit corporation or organization is not a principal for
1202	purposes of a background investigation as required by this
1203	section if the director: serves solely in a voluntary capacity
1204	for the corporation or organization, does not regularly take
1205	part in the day-to-day operational decisions of the corporation
1206	or organization, receives no remuneration from the not-for-
1207	profit corporation or organization for his or her service on the
1208	board of directors, has no financial interest in the not-for-
1209	profit corporation or organization, and has no family members
1210	with a financial interest in the not-for-profit corporation or
1211	organization; and if the director submits an affidavit, under
1212	penalty of perjury, to this effect to the agency and the not-
1213	for-profit corporation or organization submits an affidavit,
1214	under penalty of perjury, to this effect to the agency as part
1215	of the corporation's or organization's Medicaid provider
1216	agreement application. Notwithstanding the above, the agency may
1217	require a background check for any person reasonably suspected
1218	by the agency to have been convicted of a crime. This subsection
1219	does shall not apply to:
1220	1.  A hospital licensed under chapter 395;
1221	2.  A nursing home licensed under chapter 400;
1222	3.  A hospice licensed under chapter 400;
1223	4.  An assisted living facility licensed under chapter 429;
1224	5.  A unit of local government, except that requirements of
1225	this subsection apply to nongovernmental providers and entities
1226	when contracting with the local government to provide Medicaid
1227	services. The actual cost of the state and national criminal
1228	history record checks must be borne by the nongovernmental
1229	provider or entity; or
1230	6.  Any business that derives more than 50 percent of its
1231	revenue from the sale of goods to the final consumer, and the
1232	business or its controlling parent either is required to file a
1233	form 10-K or other similar statement with the Securities and
1234	Exchange Commission or has a net worth of $50 million or more.
1235	(b)  Background screening shall be conducted in accordance
1236	with chapter 435 and s. 408.809. The agency shall submit the
1237	fingerprints to the Department of Law Enforcement. The
1238	department shall conduct a state criminal-background
1239	investigation and forward the fingerprints to the Federal Bureau
1240	of Investigation for a national criminal-history record check.
1241	The cost of the state and national criminal record check shall
1242	be borne by the provider.
1243	(c)  The agency may permit a provider to participate in the
1244	Medicaid program pending the results of the criminal record
1245	check. However, such permission is fully revocable if the record
1246	check reveals any crime-related history as provided in
1247	subsection (10).
1248	(c)(d)  Proof of compliance with the requirements of level
1249	2 screening under chapter 435 s. 435.04 conducted within 12
1250	months before prior to the date that the Medicaid provider
1251	application is submitted to the agency fulfills shall fulfill
1252	the requirements of this subsection. Proof of compliance with
1253	the requirements of level 1 screening under s. 435.03 conducted
1254	within 12 months prior to the date that the Medicaid provider
1255	application is submitted to the agency shall meet the
1256	requirement that the Department of Law Enforcement conduct a
1257	state criminal history record check.
1258	Section 26.  Paragraph (b) of subsection (48) of section
1259	409.912, Florida Statutes, is amended to read:
1260	409.912  Cost-effective purchasing of health care.-The
1261	agency shall purchase goods and services for Medicaid recipients
1262	in the most cost-effective manner consistent with the delivery
1263	of quality medical care. To ensure that medical services are
1264	effectively utilized, the agency may, in any case, require a
1265	confirmation or second physician's opinion of the correct
1266	diagnosis for purposes of authorizing future services under the
1267	Medicaid program. This section does not restrict access to
1268	emergency services or poststabilization care services as defined
1269	in 42 C.F.R. part 438.114. Such confirmation or second opinion
1270	shall be rendered in a manner approved by the agency. The agency
1271	shall maximize the use of prepaid per capita and prepaid
1272	aggregate fixed-sum basis services when appropriate and other
1273	alternative service delivery and reimbursement methodologies,
1274	including competitive bidding pursuant to s. 287.057, designed
1275	to facilitate the cost-effective purchase of a case-managed
1276	continuum of care. The agency shall also require providers to
1277	minimize the exposure of recipients to the need for acute
1278	inpatient, custodial, and other institutional care and the
1279	inappropriate or unnecessary use of high-cost services. The
1280	agency shall contract with a vendor to monitor and evaluate the
1281	clinical practice patterns of providers in order to identify
1282	trends that are outside the normal practice patterns of a
1283	provider's professional peers or the national guidelines of a
1284	provider's professional association. The vendor must be able to
1285	provide information and counseling to a provider whose practice
1286	patterns are outside the norms, in consultation with the agency,
1287	to improve patient care and reduce inappropriate utilization.
1288	The agency may mandate prior authorization, drug therapy
1289	management, or disease management participation for certain
1290	populations of Medicaid beneficiaries, certain drug classes, or
1291	particular drugs to prevent fraud, abuse, overuse, and possible
1292	dangerous drug interactions. The Pharmaceutical and Therapeutics
1293	Committee shall make recommendations to the agency on drugs for
1294	which prior authorization is required. The agency shall inform
1295	the Pharmaceutical and Therapeutics Committee of its decisions
1296	regarding drugs subject to prior authorization. The agency is
1297	authorized to limit the entities it contracts with or enrolls as
1298	Medicaid providers by developing a provider network through
1299	provider credentialing. The agency may competitively bid single-
1300	source-provider contracts if procurement of goods or services
1301	results in demonstrated cost savings to the state without
1302	limiting access to care. The agency may limit its network based
1303	on the assessment of beneficiary access to care, provider
1304	availability, provider quality standards, time and distance
1305	standards for access to care, the cultural competence of the
1306	provider network, demographic characteristics of Medicaid
1307	beneficiaries, practice and provider-to-beneficiary standards,
1308	appointment wait times, beneficiary use of services, provider
1309	turnover, provider profiling, provider licensure history,
1310	previous program integrity investigations and findings, peer
1311	review, provider Medicaid policy and billing compliance records,
1312	clinical and medical record audits, and other factors. Providers
1313	shall not be entitled to enrollment in the Medicaid provider
1314	network. The agency shall determine instances in which allowing
1315	Medicaid beneficiaries to purchase durable medical equipment and
1316	other goods is less expensive to the Medicaid program than long-
1317	term rental of the equipment or goods. The agency may establish
1318	rules to facilitate purchases in lieu of long-term rentals in
1319	order to protect against fraud and abuse in the Medicaid program
1320	as defined in s. 409.913. The agency may seek federal waivers
1321	necessary to administer these policies.
1322	(48)
1323	(b)  The agency shall limit its network of durable medical
1324	equipment and medical supply providers. For dates of service
1325	after January 1, 2009, the agency shall limit payment for
1326	durable medical equipment and supplies to providers that meet
1327	all the requirements of this paragraph.
1328	1.  Providers must be accredited by a Centers for Medicare
1329	and Medicaid Services deemed accreditation organization for
1330	suppliers of durable medical equipment, prosthetics, orthotics,
1331	and supplies. The provider must maintain accreditation and is
1332	subject to unannounced reviews by the accrediting organization.
1333	2.  Providers must provide the services or supplies
1334	directly to the Medicaid recipient or caregiver at the provider
1335	location or recipient's residence or send the supplies directly
1336	to the recipient's residence with receipt of mailed delivery.
1337	Subcontracting or consignment of the service or supply to a
1338	third party is prohibited.
1339	3.  Notwithstanding subparagraph 2., a durable medical
1340	equipment provider may store nebulizers at a physician's office
1341	for the purpose of having the physician's staff issue the
1342	equipment if it meets all of the following conditions:
1343	a.  The physician must document the medical necessity and
1344	need to prevent further deterioration of the patient's
1345	respiratory status by the timely delivery of the nebulizer in
1346	the physician's office.
1347	b.  The durable medical equipment provider must have
1348	written documentation of the competency and training by a
1349	Florida-licensed registered respiratory therapist of any durable
1350	medical equipment staff who participate in the training of
1351	physician office staff for the use of nebulizers, including
1352	cleaning, warranty, and special needs of patients.
1353	c.  The physician's office must have documented the
1354	training and competency of any staff member who initiates the
1355	delivery of nebulizers to patients. The durable medical
1356	equipment provider must maintain copies of all physician office
1357	training.
1358	d.  The physician's office must maintain inventory records
1359	of stored nebulizers, including documentation of the durable
1360	medical equipment provider source.
1361	e.  A physician contracted with a Medicaid durable medical
1362	equipment provider may not have a financial relationship with
1363	that provider or receive any financial gain from the delivery of
1364	nebulizers to patients.
1365	4.  Providers must have a physical business location and a
1366	functional landline business phone. The location must be within
1367	the state or not more than 50 miles from the Florida state line.
1368	The agency may make exceptions for providers of durable medical
1369	equipment or supplies not otherwise available from other
1370	enrolled providers located within the state.
1371	5.  Physical business locations must be clearly identified
1372	as a business that furnishes durable medical equipment or
1373	medical supplies by signage that can be read from 20 feet away.
1374	The location must be readily accessible to the public during
1375	normal, posted business hours and must operate at least no less
1376	than 5 hours per day and at least no less than 5 days per week,
1377	with the exception of scheduled and posted holidays. The
1378	location may not be located within or at the same numbered
1379	street address as another enrolled Medicaid durable medical
1380	equipment or medical supply provider or as an enrolled Medicaid
1381	pharmacy that is also enrolled as a durable medical equipment
1382	provider. A licensed orthotist or prosthetist that provides only
1383	orthotic or prosthetic devices as a Medicaid durable medical
1384	equipment provider is exempt from the provisions in this
1385	paragraph.
1386	6.  Providers must maintain a stock of durable medical
1387	equipment and medical supplies on site that is readily available
1388	to meet the needs of the durable medical equipment business
1389	location's customers.
1390	7.  Providers must provide a surety bond of $50,000 for
1391	each provider location, up to a maximum of 5 bonds statewide or
1392	an aggregate bond of $250,000 statewide, as identified by
1393	Federal Employer Identification Number. Providers who post a
1394	statewide or an aggregate bond must identify all of their
1395	locations in any Medicaid durable medical equipment and medical
1396	supply provider enrollment application or bond renewal. Each
1397	provider location's surety bond must be renewed annually and the
1398	provider must submit proof of renewal even if the original bond
1399	is a continuous bond. A licensed orthotist or prosthetist that
1400	provides only orthotic or prosthetic devices as a Medicaid
1401	durable medical equipment provider is exempt from the provisions
1402	in this paragraph.
1403	8.  Providers must obtain a level 2 background screening,
1404	in accordance with chapter 435 and s. 408.809 as provided under
1405	s. 435.04, for each provider employee in direct contact with or
1406	providing direct services to recipients of durable medical
1407	equipment and medical supplies in their homes. This requirement
1408	includes, but is not limited to, repair and service technicians,
1409	fitters, and delivery staff. The provider shall pay for the cost
1410	of the background screening.
1411	9.  The following providers are exempt from the
1412	requirements of subparagraphs 1. and 7.:
1413	a.  Durable medical equipment providers owned and operated
1414	by a government entity.
1415	b.  Durable medical equipment providers that are operating
1416	within a pharmacy that is currently enrolled as a Medicaid
1417	pharmacy provider.
1418	c.  Active, Medicaid-enrolled orthopedic physician groups,
1419	primarily owned by physicians, which provide only orthotic and
1420	prosthetic devices.
1421	Section 27.  Subsection (12) is added to section 411.01,
1422	Florida Statutes, to read:
1423	411.01  School readiness programs; early learning
1424	coalitions.-
1425	(12)  SUBSTITUTE INSTRUCTORS.-Each school district shall
1426	make a list of all individuals currently eligible to act as a
1427	substitute teacher within the county pursuant to the rules
1428	adopted by the school district pursuant to s. 1012.35 available
1429	to an early learning coalition serving students within the
1430	school district. Child care facilities, as defined by s.
1431	402.302, may employ individuals listed as substitute instructors
1432	for the purpose of offering the school readiness program, the
1433	Voluntary Prekindergarten Education Program, and all other
1434	legally operating child care programs.
1435	Section 28.  Subsection (1) of section 429.14, Florida
1436	Statutes, is amended to read:
1437	429.14  Administrative penalties.-
1438	(1)  In addition to the requirements of part II of chapter
1439	408, the agency may deny, revoke, and suspend any license issued
1440	under this part and impose an administrative fine in the manner
1441	provided in chapter 120 against a licensee of an assisted living
1442	facility for a violation of any provision of this part, part II
1443	of chapter 408, or applicable rules, or for any of the following
1444	actions by a licensee of an assisted living facility, for the
1445	actions of any person subject to level 2 background screening
1446	under s. 408.809, or for the actions of any facility employee:
1447	(a)  An intentional or negligent act seriously affecting
1448	the health, safety, or welfare of a resident of the facility.
1449	(b)  The determination by the agency that the owner lacks
1450	the financial ability to provide continuing adequate care to
1451	residents.
1452	(c)  Misappropriation or conversion of the property of a
1453	resident of the facility.
1454	(d)  Failure to follow the criteria and procedures provided
1455	under part I of chapter 394 relating to the transportation,
1456	voluntary admission, and involuntary examination of a facility
1457	resident.
1458	(e)  A citation of any of the following deficiencies as
1459	specified in s. 429.19:
1460	1.  One or more cited class I deficiencies.
1461	2.  Three or more cited class II deficiencies.
1462	3.  Five or more cited class III deficiencies that have
1463	been cited on a single survey and have not been corrected within
1464	the times specified.
1465	(f)  Failure to comply with the A determination that a
1466	person subject to level 2 background screening under s. 408.809
1467	does not meet the screening standards of this part, s.
1468	408.809(1), or chapter 435 s. 435.04 or that the facility is
1469	retaining an employee subject to level 1 background screening
1470	standards under s. 429.174 who does not meet the screening
1471	standards of s. 435.03 and for whom exemptions from
1472	disqualification have not been provided by the agency.
1473	(g)  A determination that an employee, volunteer,
1474	administrator, or owner, or person who otherwise has access to
1475	the residents of a facility does not meet the criteria specified
1476	in s. 435.03(2), and the owner or administrator has not taken
1477	action to remove the person. Exemptions from disqualification
1478	may be granted as set forth in s. 435.07. No administrative
1479	action may be taken against the facility if the person is
1480	granted an exemption.
1481	(g)(h)  Violation of a moratorium.
1482	(h)(i)  Failure of the license applicant, the licensee
1483	during relicensure, or a licensee that holds a provisional
1484	license to meet the minimum license requirements of this part,
1485	or related rules, at the time of license application or renewal.
1486	(i)(j)  An intentional or negligent life-threatening act in
1487	violation of the uniform firesafety standards for assisted
1488	living facilities or other firesafety standards that threatens
1489	the health, safety, or welfare of a resident of a facility, as
1490	communicated to the agency by the local authority having
1491	jurisdiction or the State Fire Marshal.
1492	(j)(k)  Knowingly operating any unlicensed facility or
1493	providing without a license any service that must be licensed
1494	under this chapter or chapter 400.
1495	(k)(l)  Any act constituting a ground upon which
1496	application for a license may be denied.
1497	Section 29.  Section 429.174, Florida Statutes, is amended
1498	to read:
1499	429.174  Background screening; exemptions.-The agency shall
1500	require level 2 background screening for personnel as required
1501	in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
1502	owner or administrator of an assisted living facility must
1503	conduct level 1 background screening, as set forth in chapter
1504	435, on all employees hired on or after October 1, 1998, who
1505	perform personal services as defined in s. 429.02(16). The
1506	agency may exempt an individual from employment disqualification
1507	as set forth in chapter 435. Such persons shall be considered as
1508	having met this requirement if:
1509	(1)  Proof of compliance with level 1 screening
1510	requirements obtained to meet any professional license
1511	requirements in this state is provided and accompanied, under
1512	penalty of perjury, by a copy of the person's current
1513	professional license and an affidavit of current compliance with
1514	the background screening requirements.
1515	(2)  The person required to be screened has been
1516	continuously employed in the same type of occupation for which
1517	the person is seeking employment without a breach in service
1518	which exceeds 180 days, and proof of compliance with the level 1
1519	screening requirement which is no more than 2 years old is
1520	provided. Proof of compliance shall be provided directly from
1521	one employer or contractor to another, and not from the person
1522	screened. Upon request, a copy of screening results shall be
1523	provided by the employer retaining documentation of the
1524	screening to the person screened.
1525	(3)  The person required to be screened is employed by a
1526	corporation or business entity or related corporation or
1527	business entity that owns, operates, or manages more than one
1528	facility or agency licensed under this chapter, and for whom a
1529	level 1 screening was conducted by the corporation or business
1530	entity as a condition of initial or continued employment.
1531	Section 30.  Subsection (4) of section 429.67, Florida
1532	Statutes, is amended to read:
1533	429.67  Licensure.-
1534	(4)  Upon receipt of a completed license application or
1535	license renewal, and the fee, The agency shall require level 2
1536	initiate a level 1 background screening for personnel as
1537	required in s. 408.809(1)(e), including as provided under
1538	chapter 435 on the adult family-care home provider, the
1539	designated relief person, and all adult household members,
1540	pursuant to chapter 435 and s. 408.809, and all staff members.
1541	(a)  Proof of compliance with level 1 screening standards
1542	which has been submitted within the previous 5 years to meet any
1543	facility or professional licensure requirements of the agency or
1544	the Department of Health satisfies the requirements of this
1545	subsection. Such proof must be accompanied, under penalty of
1546	perjury, by a copy of the person's current professional license
1547	and an affidavit of current compliance with the background
1548	screening requirements.
1549	(b)  The person required to be screened must have been
1550	continuously employed in the same type of occupation for which
1551	the person is seeking employment without a breach in service
1552	that exceeds 180 days, and proof of compliance with the level 1
1553	screening requirement which is no more than 2 years old must be
1554	provided. Proof of compliance shall be provided directly from
1555	one employer or contractor to another, and not from the person
1556	screened. Upon request, a copy of screening results shall be
1557	provided to the person screened by the employer retaining
1558	documentation of the screening.
1559	Section 31.  Section 429.69, Florida Statutes, is amended
1560	to read:
1561	429.69  Denial, revocation, and suspension of a license.-In
1562	addition to the requirements of part II of chapter 408, the
1563	agency may deny, suspend, and revoke a license for any of the
1564	following reasons:
1565	(1)  Failure to comply with the of any of the persons
1566	required to undergo background screening standards of this part,
1567	s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1568	1 screening standards of s. 435.03, unless an exemption from
1569	disqualification has been provided by the agency.
1570	(2)  Failure to correct cited fire code violations that
1571	threaten the health, safety, or welfare of residents.
1572	Section 32.  Paragraph (c) of subsection (2) of section
1573	429.911, Florida Statutes, is amended to read:
1574	429.911  Denial, suspension, revocation of license;
1575	emergency action; administrative fines; investigations and
1576	inspections.-
1577	(2)  Each of the following actions by the owner of an adult
1578	day care center or by its operator or employee is a ground for
1579	action by the agency against the owner of the center or its
1580	operator or employee:
1581	(c)  A Failure to comply with the of persons subject to
1582	level 2 background screening standards of this part, s.
1583	408.809(1), or chapter 435 under s. 408.809 to meet the
1584	screening standards of s. 435.04, or the retention by the center
1585	of an employee subject to level 1 background screening standards
1586	under s. 429.174 who does not meet the screening standards of s.
1587	435.03 and for whom exemptions from disqualification have not
1588	been provided by the agency.
1589	Section 33.  Section 429.919, Florida Statutes, is amended
1590	to read:
1591	429.919  Background screening.-The agency shall require
1592	level 2 background screening for personnel as required in s.
1593	408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
1594	or administrator of an adult day care center must conduct level
1595	1 background screening as set forth in chapter 435 on all
1596	employees hired on or after October 1, 1998, who provide basic
1597	services or supportive and optional services to the
1598	participants. Such persons satisfy this requirement if:
1599	(1)  Proof of compliance with level 1 screening
1600	requirements obtained to meet any professional license
1601	requirements in this state is provided and accompanied, under
1602	penalty of perjury, by a copy of the person's current
1603	professional license and an affidavit of current compliance with
1604	the background screening requirements.
1605	(2)  The person required to be screened has been
1606	continuously employed, without a breach in service that exceeds
1607	180 days, in the same type of occupation for which the person is
1608	seeking employment and provides proof of compliance with the
1609	level 1 screening requirement which is no more than 2 years old.
1610	Proof of compliance must be provided directly from one employer
1611	or contractor to another, and not from the person screened. Upon
1612	request, a copy of screening results shall be provided to the
1613	person screened by the employer retaining documentation of the
1614	screening.
1615	(3)  The person required to be screened is employed by a
1616	corporation or business entity or related corporation or
1617	business entity that owns, operates, or manages more than one
1618	facility or agency licensed under chapter 400 or this chapter,
1619	and for whom a level 1 screening was conducted by the
1620	corporation or business entity as a condition of initial or
1621	continued employment.
1622	Section 34.  Section 430.0402, Florida Statutes, is created
1623	to read:
1624	430.0402  Screening of direct service providers.-
1625	(1)(a)  Level 2 background screening pursuant to chapter
1626	435 is required for direct service providers. Background
1627	screening includes employment history checks as provided in s.
1628	435.03(1) and local criminal records checks through local law
1629	enforcement agencies.
1630	(b)  For purposes of this section, the term "direct service
1631	provider" means a person 18 years of age or older who, pursuant
1632	to a program to provide services to the elderly, has direct,
1633	face-to-face contact with a client while providing services to
1634	the client or has access to the client's living areas or to the
1635	client's funds or personal property. The term includes
1636	coordinators, managers, and supervisors of residential
1637	facilities and volunteers.
1638	(2)  Licensed physicians, nurses, or other professionals
1639	licensed by the Department of Health are not subject to
1640	background screening if they are providing a service that is
1641	within the scope of their licensed practice.
1642	(3)  Refusal on the part of an employer to dismiss a
1643	manager, supervisor, or direct service provider who has been
1644	found to be in noncompliance with standards of this section
1645	shall result in the automatic denial, termination, or revocation
1646	of the license or certification, rate agreement, purchase order,
1647	or contract, in addition to any other remedies authorized by
1648	law.
1649	(4)  The background screening conducted pursuant to this
1650	section must ensure that, in addition to the disqualifying
1651	offenses listed in s. 435.04, no person subject to the
1652	provisions of this section has an arrest awaiting final
1653	disposition for, has been found guilty of, regardless of
1654	adjudication, or entered a plea of nolo contendere or guilty to,
1655	or has been adjudicated delinquent and the record has not been
1656	sealed or expunged for, any offense prohibited under any of the
1657	following provisions of state law or similar law of another
1658	jurisdiction:
1659	(a)  Any authorizing statutes, if the offense was a felony.
1660	(b)  Section 409.920, relating to Medicaid provider fraud.
1661	(c)  Section 409.9201, relating to Medicaid fraud.
1662	(d)  Section 817.034, relating to fraudulent acts through
1663	mail, wire, radio, electromagnetic, photoelectronic, or
1664	photooptical systems.
1665	(e)  Section 817.234, relating to false and fraudulent
1666	insurance claims.
1667	(f)  Section 817.505, relating to patient brokering.
1668	(g)  Section 817.568, relating to criminal use of personal
1669	identification information.
1670	(h)  Section 817.60, relating to obtaining a credit card
1671	through fraudulent means.
1672	(i)  Section 817.61, relating to fraudulent use of credit
1673	cards, if the offense was a felony.
1674	(j)  Section 831.01, relating to forgery.
1675	(k)  Section 831.02, relating to uttering forged
1676	instruments.
1677	(l)  Section 831.07, relating to forging bank bills,
1678	checks, drafts, or promissory notes.
1679	(m)  Section 831.09, relating to uttering forged bank
1680	bills, checks, drafts, or promissory notes.
1681	Section 35.  Section 435.01, Florida Statutes, is amended
1682	to read:
1683	435.01  Applicability of this chapter; statutory
1684	references; rulemaking.-
1685	(1)(a)  Unless otherwise provided by law, whenever a
1686	background screening for employment or a background security
1687	check is required by law to be conducted pursuant to this
1688	chapter for employment, unless otherwise provided by law, the
1689	provisions of this chapter shall apply.
1690	(b)  Unless expressly provided otherwise, a reference in
1691	any section of the Florida Statutes to chapter 435 or to any
1692	section or sections or portion of a section of chapter 435
1693	includes all subsequent amendments to chapter 435 or to the
1694	referenced section or sections or portions of a section. The
1695	purpose of this chapter is to facilitate uniform background
1696	screening and, to this end, a reference to this chapter, or to
1697	any section or subdivision within this chapter, constitutes a
1698	general reference under the doctrine of incorporation by
1699	reference.
1700	(2)  Agencies may adopt rules to administer this chapter.
1701	Section 36.  Section 435.02, Florida Statutes, is reordered
1702	and amended to read:
1703	435.02  Definitions.-For the purposes of this chapter, the
1704	term:
1705	(2)(1)  "Employee" means any person required by law to be
1706	screened pursuant to the provisions of this chapter.
1707	(3)(2)  "Employer" means any person or entity required by
1708	law to conduct screening of employees pursuant to this chapter.
1709	(1)(3)  "Licensing Agency" means any state, or county, or
1710	municipal agency that which grants licenses or registration
1711	permitting the operation of an employer or is itself an employer
1712	or that otherwise facilitates the screening of employees
1713	pursuant to this chapter. If When there is no state licensing
1714	agency or the municipal or county licensing agency chooses not
1715	to conduct employment screening, "licensing agency" means the
1716	Department of Children and Family Services.
1717	(4)  "Employment" means any activity or service sought to
1718	be performed by an employee which requires the employee to be
1719	screened pursuant to this chapter.
1720	(5)  "Vulnerable person" means a minor as defined in s.
1721	1.01 or a vulnerable adult as defined in s. 415.102.
1722	Section 37.  Section 435.03, Florida Statutes, is amended
1723	to read:
1724	435.03  Level 1 screening standards.-
1725	(1)  All employees required by law to be screened pursuant
1726	to this section must shall be required to undergo background
1727	screening as a condition of employment and continued employment
1728	which includes. For the purposes of this subsection, level 1
1729	screenings shall include, but need not be limited to, employment
1730	history checks and statewide criminal correspondence checks
1731	through the Florida Department of Law Enforcement, a check of
1732	the Dru Sjodin National Sex Offender Public Website, and may
1733	include local criminal records checks through local law
1734	enforcement agencies.
1735	(2)  Any person required by law to be screened pursuant to
1736	this section must not have an arrest awaiting final disposition,
1737	for whom employment screening is required by statute must not
1738	have been found guilty of, regardless of adjudication, or
1739	entered a plea of nolo contendere or guilty to, and must not
1740	have been adjudicated delinquent and the record has not been
1741	sealed or expunged for, any offense prohibited under s.
1742	435.04(2) any of the following provisions of the Florida
1743	Statutes or under any similar law statute of another
1744	jurisdiction.:
1745	(a)  Section 393.135, relating to sexual misconduct with
1746	certain developmentally disabled clients and reporting of such
1747	sexual misconduct.
1748	(b)  Section 394.4593, relating to sexual misconduct with
1749	certain mental health patients and reporting of such sexual
1750	misconduct.
1751	(c)  Section 415.111, relating to abuse, neglect, or
1752	exploitation of a vulnerable adult.
1753	(d)  Section 782.04, relating to murder.
1754	(e)  Section 782.07, relating to manslaughter, aggravated
1755	manslaughter of an elderly person or disabled adult, or
1756	aggravated manslaughter of a child.
1757	(f)  Section 782.071, relating to vehicular homicide.
1758	(g)  Section 782.09, relating to killing of an unborn quick
1759	child by injury to the mother.
1760	(h)  Section 784.011, relating to assault, if the victim of
1761	the offense was a minor.
1762	(i)  Section 784.021, relating to aggravated assault.
1763	(j)  Section 784.03, relating to battery, if the victim of
1764	the offense was a minor.
1765	(k)  Section 784.045, relating to aggravated battery.
1766	(l)  Section 787.01, relating to kidnapping.
1767	(m)  Section 787.02, relating to false imprisonment.
1768	(n)  Section 794.011, relating to sexual battery.
1769	(o)  Former s. 794.041, relating to prohibited acts of
1770	persons in familial or custodial authority.
1771	(p)  Chapter 796, relating to prostitution.
1772	(q)  Section 798.02, relating to lewd and lascivious
1773	behavior.
1774	(r)  Chapter 800, relating to lewdness and indecent
1775	exposure.
1776	(s)  Section 806.01, relating to arson.
1777	(t)  Chapter 812, relating to theft, robbery, and related
1778	crimes, if the offense was a felony.
1779	(u)  Section 817.563, relating to fraudulent sale of
1780	controlled substances, only if the offense was a felony.
1781	(v)  Section 825.102, relating to abuse, aggravated abuse,
1782	or neglect of an elderly person or disabled adult.
1783	(w)  Section 825.1025, relating to lewd or lascivious
1784	offenses committed upon or in the presence of an elderly person
1785	or disabled adult.
1786	(x)  Section 825.103, relating to exploitation of an
1787	elderly person or disabled adult, if the offense was a felony.
1788	(y)  Section 826.04, relating to incest.
1789	(z)  Section 827.03, relating to child abuse, aggravated
1790	child abuse, or neglect of a child.
1791	(aa)  Section 827.04, relating to contributing to the
1792	delinquency or dependency of a child.
1793	(bb)  Former s. 827.05, relating to negligent treatment of
1794	children.
1795	(cc)  Section 827.071, relating to sexual performance by a
1796	child.
1797	(dd)  Chapter 847, relating to obscene literature.
1798	(ee)  Chapter 893, relating to drug abuse prevention and
1799	control, only if the offense was a felony or if any other person
1800	involved in the offense was a minor.
1801	(ff)  Section 916.1075, relating to sexual misconduct with
1802	certain forensic clients and reporting of such sexual
1803	misconduct.
1804	(3)  The security background investigations under this
1805	section must ensure that no person subject to this section has
1806	been found guilty of, regardless of adjudication, or entered a
1807	plea of nolo contendere or guilty to, any offense that
1808	constitutes domestic violence as defined in s. 741.28, whether
1809	such act was committed in this state or in another jurisdiction.
1810	Standards must also ensure that the person:
1811	(a)  For employees and employers licensed or registered
1812	pursuant to chapter 400 or chapter 429, and for employees and
1813	employers of developmental disabilities centers as defined in s.
1814	393.063, intermediate care facilities for the developmentally
1815	disabled as defined in s. 400.960, and mental health treatment
1816	facilities as defined in s. 394.455, meets the requirements of
1817	this chapter.
1818	(b)  Has not committed an act that constitutes domestic
1819	violence as defined in s. 741.28.
1820	Section 38.  Section 435.04, Florida Statutes, is amended
1821	to read:
1822	435.04  Level 2 screening standards.-
1823	(1)(a)  All employees required by law to be screened
1824	pursuant to this section must in positions designated by law as
1825	positions of trust or responsibility shall be required to
1826	undergo security background investigations as a condition of
1827	employment and continued employment which includes. For the
1828	purposes of this subsection, security background investigations
1829	shall include, but need not be limited to, fingerprinting for
1830	statewide criminal history records all purposes and checks in
1831	this subsection, statewide criminal and juvenile records checks
1832	through the Florida Department of Law Enforcement, and national
1833	federal criminal history records checks through the Federal
1834	Bureau of Investigation, and may include local criminal records
1835	checks through local law enforcement agencies.
1836	(b)  Fingerprints submitted pursuant to this section on or
1837	after July 1, 2012, must be submitted electronically to the
1838	Department of Law Enforcement.
1839	(c)  An agency may contract with one or more vendors to
1840	perform all or part of the electronic fingerprinting pursuant to
1841	this section. Such contracts must ensure that the owners and
1842	personnel of the vendor performing the electronic fingerprinting
1843	are qualified and will ensure the integrity and security of all
1844	personal information.
1845	(d)  An agency may require by rule that fingerprints
1846	submitted pursuant to this section must be submitted
1847	electronically to the Department of Law Enforcement on a date
1848	earlier than July 1, 2012.
1849	(2)  The security background investigations under this
1850	section must ensure that no persons subject to the provisions of
1851	this section have been arrested for and are awaiting final
1852	disposition of, have been found guilty of, regardless of
1853	adjudication, or entered a plea of nolo contendere or guilty to,
1854	or have been adjudicated delinquent and the record has not been
1855	sealed or expunged for, any offense prohibited under any of the
1856	following provisions of state law the Florida Statutes or under
1857	any similar law statute of another jurisdiction:
1858	(a)  Section 393.135, relating to sexual misconduct with
1859	certain developmentally disabled clients and reporting of such
1860	sexual misconduct.
1861	(b)  Section 394.4593, relating to sexual misconduct with
1862	certain mental health patients and reporting of such sexual
1863	misconduct.
1864	(c)  Section 415.111, relating to adult abuse, neglect, or
1865	exploitation of aged persons or disabled adults.
1866	(d)  Section 782.04, relating to murder.
1867	(e)  Section 782.07, relating to manslaughter, aggravated
1868	manslaughter of an elderly person or disabled adult, or
1869	aggravated manslaughter of a child.
1870	(f)  Section 782.071, relating to vehicular homicide.
1871	(g)  Section 782.09, relating to killing of an unborn quick
1872	child by injury to the mother.
1873	(h)  Chapter 784, relating to assault, battery, and
1874	culpable negligence, if the offense was a felony.
1875	(i)(h)  Section 784.011, relating to assault, if the victim
1876	of the offense was a minor.
1877	(i)  Section 784.021, relating to aggravated assault.
1878	(j)  Section 784.03, relating to battery, if the victim of
1879	the offense was a minor.
1880	(k)  Section 784.045, relating to aggravated battery.
1881	(l)  Section 784.075, relating to battery on a detention or
1882	commitment facility staff.
1883	(k)(m)  Section 787.01, relating to kidnapping.
1884	(l)(n)  Section 787.02, relating to false imprisonment.
1885	(m)  Section 787.025, relating to luring or enticing a
1886	child.
1887	(n)(o)  Section 787.04(2), relating to taking, enticing, or
1888	removing a child beyond the state limits with criminal intent
1889	pending custody proceedings.
1890	(o)(p)  Section 787.04(3), relating to carrying a child
1891	beyond the state lines with criminal intent to avoid producing a
1892	child at a custody hearing or delivering the child to the
1893	designated person.
1894	(p)(q)  Section 790.115(1), relating to exhibiting firearms
1895	or weapons within 1,000 feet of a school.
1896	(q)(r)  Section 790.115(2)(b), relating to possessing an
1897	electric weapon or device, destructive device, or other weapon
1898	on school property.
1899	(r)(s)  Section 794.011, relating to sexual battery.
1900	(s)(t)  Former s. 794.041, relating to prohibited acts of
1901	persons in familial or custodial authority.
1902	(t)  Section 794.05, relating to unlawful sexual activity
1903	with certain minors.
1904	(u)  Chapter 796, relating to prostitution.
1905	(v)  Section 798.02, relating to lewd and lascivious
1906	behavior.
1907	(w)  Chapter 800, relating to lewdness and indecent
1908	exposure.
1909	(x)  Section 806.01, relating to arson.
1910	(y)  Section 810.02, relating to burglary.
1911	(z)  Section 810.14, relating to voyeurism, if the offense
1912	is a felony.
1913	(aa)  Section 810.145, relating to video voyeurism, if the
1914	offense is a felony.
1915	(bb)(y)  Chapter 812, relating to theft, robbery, and
1916	related crimes, if the offense is a felony.
1917	(cc)(z)  Section 817.563, relating to fraudulent sale of
1918	controlled substances, only if the offense was a felony.
1919	(dd)(aa)  Section 825.102, relating to abuse, aggravated
1920	abuse, or neglect of an elderly person or disabled adult.
1921	(ee)(bb)  Section 825.1025, relating to lewd or lascivious
1922	offenses committed upon or in the presence of an elderly person
1923	or disabled adult.
1924	(ff)(cc)  Section 825.103, relating to exploitation of an
1925	elderly person or disabled adult, if the offense was a felony.
1926	(gg)(dd)  Section 826.04, relating to incest.
1927	(hh)(ee)  Section 827.03, relating to child abuse,
1928	aggravated child abuse, or neglect of a child.
1929	(ii)(ff)  Section 827.04, relating to contributing to the
1930	delinquency or dependency of a child.
1931	(jj)(gg)  Former s. 827.05, relating to negligent treatment
1932	of children.
1933	(kk)(hh)  Section 827.071, relating to sexual performance
1934	by a child.
1935	(ll)(ii)  Section 843.01, relating to resisting arrest with
1936	violence.
1937	(mm)(jj)  Section 843.025, relating to depriving a law
1938	enforcement, correctional, or correctional probation officer
1939	means of protection or communication.
1940	(nn)(kk)  Section 843.12, relating to aiding in an escape.
1941	(oo)(ll)  Section 843.13, relating to aiding in the escape
1942	of juvenile inmates in correctional institutions.
1943	(pp)(mm)  Chapter 847, relating to obscene literature.
1944	(qq)(nn)  Section 874.05(1), relating to encouraging or
1945	recruiting another to join a criminal gang.
1946	(rr)(oo)  Chapter 893, relating to drug abuse prevention
1947	and control, only if the offense was a felony or if any other
1948	person involved in the offense was a minor.
1949	(ss)(pp)  Section 916.1075, relating to sexual misconduct
1950	with certain forensic clients and reporting of such sexual
1951	misconduct.
1952	(tt)(qq)  Section 944.35(3), relating to inflicting cruel
1953	or inhuman treatment on an inmate resulting in great bodily
1954	harm.
1955	(uu)  Section 944.40, relating to escape.
1956	(vv)(rr)  Section 944.46, relating to harboring,
1957	concealing, or aiding an escaped prisoner.
1958	(ww)(ss)  Section 944.47, relating to introduction of
1959	contraband into a correctional facility.
1960	(xx)(tt)  Section 985.701, relating to sexual misconduct in
1961	juvenile justice programs.
1962	(yy)(uu)  Section 985.711, relating to contraband
1963	introduced into detention facilities.
1964	(3)  The security background investigations under this
1965	section must ensure that no person subject to this section has
1966	been found guilty of, regardless of adjudication, or entered a
1967	plea of nolo contendere or guilty to, any offense that
1968	constitutes domestic violence as defined in s. 741.28, whether
1969	such act was committed in this state or in another jurisdiction.
1970	The security background investigations conducted under this
1971	section for employees of the Department of Juvenile Justice must
1972	ensure that no persons subject to the provisions of this section
1973	have been found guilty of, regardless of adjudication, or
1974	entered a plea of nolo contendere or guilty to, any offense
1975	prohibited under any of the following provisions of the Florida
1976	Statutes or under any similar statute of another jurisdiction:
1977	(a)  Section 784.07, relating to assault or battery of law
1978	enforcement officers, firefighters, emergency medical care
1979	providers, public transit employees or agents, or other
1980	specified officers.
1981	(b)  Section 810.02, relating to burglary, if the offense
1982	is a felony.
1983	(c)  Section 944.40, relating to escape.
1984
1985	The Department of Juvenile Justice may not remove a
1986	disqualification from employment or grant an exemption to any
1987	person who is disqualified under this section for any offense
1988	disposed of during the most recent 7-year period.
1989	(4)  Standards must also ensure that the person:
1990	(a)  For employees or employers licensed or registered
1991	pursuant to chapter 400 or chapter 429, does not have a
1992	confirmed report of abuse, neglect, or exploitation as defined
1993	in s. 415.102(6), which has been uncontested or upheld under s.
1994	415.103.
1995	(b)  Has not committed an act that constitutes domestic
1996	violence as defined in s. 741.30.
1997	(5)  Under penalty of perjury, all employees in such
1998	positions of trust or responsibility shall attest to meeting the
1999	requirements for qualifying for employment and agreeing to
2000	inform the employer immediately if convicted of any of the
2001	disqualifying offenses while employed by the employer. Each
2002	employer of employees in such positions of trust or
2003	responsibilities which is licensed or registered by a state
2004	agency shall submit to the licensing agency annually or at the
2005	time of license renewal, under penalty of perjury, an affidavit
2006	of compliance with the provisions of this section.
2007	Section 39.  Section 435.05, Florida Statutes, is amended
2008	to read:
2009	435.05  Requirements for covered employees and employers.-
2010	Except as otherwise provided by law, the following requirements
2011	shall apply to covered employees and employers:
2012	(1)(a)  Every person required by law to be screened
2013	pursuant to this chapter must employed in a position for which
2014	employment screening is required must, within 5 working days
2015	after starting to work, submit to the employer a complete set of
2016	information necessary to conduct a screening under this chapter
2017	section.
2018	(b)  For level 1 screening, the employer must submit the
2019	information necessary for screening to the Florida Department of
2020	Law Enforcement within 5 working days after receiving it. The
2021	Florida Department of Law Enforcement shall will conduct a
2022	search of its records and will respond to the employer or
2023	agency. The employer must will inform the employee whether
2024	screening has revealed any disqualifying information.
2025	(c)  For level 2 screening, the employer or licensing
2026	agency must submit the information necessary for screening to
2027	the Florida Department of Law Enforcement within 5 working days
2028	after receiving it. The Florida Department of Law Enforcement
2029	shall perform a criminal history record check of its will
2030	conduct a search of its criminal and juvenile records and will
2031	request that the Federal Bureau of Investigation perform a
2032	national criminal history record check conduct a search of its
2033	records for each employee for whom the request is made. The
2034	Florida Department of Law Enforcement shall will respond to the
2035	employer or licensing agency, and the employer or licensing
2036	agency must will inform the employee whether screening has
2037	revealed disqualifying information.
2038	(d)  The person whose background is being checked must
2039	supply any missing criminal or other necessary information upon
2040	request to the requesting employer or agency within 30 days
2041	after receiving the employer makes a request for the information
2042	or be subject to automatic disqualification.
2043	(2)  Every employee must attest, subject to penalty of
2044	perjury, to meeting the requirements for qualifying for
2045	employment pursuant to this chapter and agreeing to inform the
2046	employer immediately if arrested for any of the disqualifying
2047	offenses while employed by the employer. Unless otherwise
2048	prohibited by state or federal law, new employees may be placed
2049	on probationary status pending a determination of compliance
2050	with minimum standards set forth in this chapter.
2051	(3)  Each employer licensed or registered with an agency
2052	must required to conduct level 2 background screening and must
2053	submit to the agency sign an affidavit annually or at the time
2054	of license renewal, under penalty of perjury, a signed affidavit
2055	attesting to compliance with the provisions of this chapter
2056	stating that all covered employees have been screened or are
2057	newly hired and are awaiting the results of the required
2058	screening checks.
2059	Section 40.  Section 435.06, Florida Statutes, is amended
2060	to read:
2061	435.06  Exclusion from employment.-
2062	(1)  If When an employer or licensing agency has reasonable
2063	cause to believe that grounds exist for the denial or
2064	termination of employment of any employee as a result of
2065	background screening, it shall notify the employee in writing,
2066	stating the specific record that which indicates noncompliance
2067	with the standards in this chapter section. It is shall be the
2068	responsibility of the affected employee to contest his or her
2069	disqualification or to request exemption from disqualification.
2070	The only basis for contesting the disqualification is shall be
2071	proof of mistaken identity.
2072	(2)(a)  An employer may not hire, select, or otherwise
2073	allow an employee to have contact with any vulnerable person
2074	that would place the employee in a role that requires background
2075	screening until the screening process is completed and
2076	demonstrates the absence of any grounds for the denial or
2077	termination of employment. If the screening process shows any
2078	grounds for the denial or termination of employment, the
2079	employer may not hire, select, or otherwise allow the employee
2080	to have contact with any vulnerable person that would place the
2081	employee in a role that requires background screening unless the
2082	employee is granted an exemption for the disqualification by the
2083	agency as provided under s. 435.07.
2084	(b)  If an employer becomes aware that an employee has been
2085	arrested for a disqualifying offense, the employer must remove
2086	the employee from contact with any vulnerable person that places
2087	the employee in a role that requires background screening until
2088	the arrest is resolved in a way that the employer determines
2089	that the employee is still eligible for employment under this
2090	chapter.
2091	(c)  The employer must either terminate the employment of
2092	any of its personnel found to be in noncompliance with the
2093	minimum standards of this chapter for good moral character
2094	contained in this section or place the employee in a position
2095	for which background screening is not required unless the
2096	employee is granted an exemption from disqualification pursuant
2097	to s. 435.07.
2098	(3)  Any employee person who is required to undergo
2099	employment screening and who refuses to cooperate in such
2100	screening or refuses to timely submit the information necessary
2101	to complete the screening, including fingerprints if when
2102	required, must shall be disqualified for employment in such
2103	position or, if employed, must shall be dismissed.
2104	(4)  There is no unemployment compensation or other
2105	monetary liability on the part of, and no cause of action for
2106	damages against, an employer that, upon notice of a conviction
2107	or arrest for a disqualifying offense listed under this chapter,
2108	terminates the person against whom the report was issued or who
2109	was arrested, regardless of whether or not that person has filed
2110	for an exemption pursuant to this chapter.
2111	Section 41.  Section 435.07, Florida Statutes, is amended
2112	to read:
2113	435.07  Exemptions from disqualification.-Unless otherwise
2114	provided by law, the provisions of this section shall apply to
2115	exemptions from disqualification for disqualifying offenses
2116	revealed pursuant to background screenings required under this
2117	chapter, regardless of whether those disqualifying offenses are
2118	listed in this chapter or other laws.
2119	(1)  The head of the appropriate licensing agency may grant
2120	to any employee otherwise disqualified from employment an
2121	exemption from disqualification for:
2122	(a)  Felonies for which at least 3 years have elapsed since
2123	the applicant for the exemption has completed or been lawfully
2124	released from confinement, supervision, or sanction for the
2125	disqualifying felony committed more than 3 years prior to the
2126	date of disqualification;
2127	(b)  Misdemeanors prohibited under any of the Florida
2128	statutes cited in this chapter or under similar statutes of
2129	other jurisdictions for which the applicant for the exemption
2130	has completed or been lawfully released from confinement,
2131	supervision, or sanction;
2132	(c)  Offenses that were felonies when committed but that
2133	are now misdemeanors and for which the applicant for the
2134	exemption has completed or been lawfully released from
2135	confinement, supervision, or sanction; or
2136	(d)  Findings of delinquency. For offenses that would be
2137	felonies if committed by an adult and the record has not been
2138	sealed or expunged, the exemption may not be granted until at
2139	least 3 years have elapsed since the applicant for the exemption
2140	has completed or been lawfully released from confinement,
2141	supervision, or sanction for the disqualifying offense; or
2142	(e)  Commissions of acts of domestic violence as defined in
2143	s. 741.30.
2144
2145	For the purposes of this subsection, the term "felonies" means
2146	both felonies prohibited under any of the Florida statutes cited
2147	in this chapter or under similar statutes of other
2148	jurisdictions.
2149	(2)  Persons employed, or applicants for employment, by
2150	treatment providers who treat adolescents 13 years of age and
2151	older who are disqualified from employment solely because of
2152	crimes under s. 817.563, s. 893.13, or s. 893.147 may be
2153	exempted from disqualification from employment pursuant to this
2154	chapter section without application of the 3-year waiting period
2155	in paragraph (1)(a).
2156	(3)(a)  In order for the head of an agency a licensing
2157	department to grant an exemption to any employee, the
2158	must demonstrate by clear and convincing evidence that the
2159	employee should not be disqualified from employment. Employees
2160	seeking an exemption have the burden of setting forth clear and
2161	convincing sufficient evidence of rehabilitation, including, but
2162	not limited to, the circumstances surrounding the criminal
2163	incident for which an exemption is sought, the time period that
2164	has elapsed since the incident, the nature of the harm caused to
2165	the victim, and the history of the employee since the incident,
2166	or any other evidence or circumstances indicating that the
2167	employee will not present a danger if employment or continued
2168	employment is allowed.
2169	(b)  The agency may consider as part of its deliberations
2170	of the employee's rehabilitation the fact that the employee has,
2171	subsequent to the conviction for the disqualifying offense for
2172	which the exemption is being sought, been arrested for or
2173	convicted of another crime, even if that crime is not a
2174	disqualifying offense.
2175	(c)  The decision of the head of an agency licensing
2176	department regarding an exemption may be contested through the
2177	hearing procedures set forth in chapter 120. The standard of
2178	review by the administrative law judge is whether the agency's
2179	intended action is an abuse of discretion.
2180	(4)(a)  Disqualification from employment under this chapter
2181	subsection (1) may not be removed from, nor may an exemption be
2182	granted to, any personnel who is found guilty of, regardless of
2183	adjudication, or who has entered a plea of nolo contendere or
2184	guilty to, any felony covered by s. 435.03 or s. 435.04 solely
2185	by reason of any pardon, executive clemency, or restoration of
2186	civil rights.
2187	(b)  Disqualification from employment under this chapter
2188	may not be removed from, nor may an exemption be granted to, any
2189	person who is a:
2190	1.  Sexual predator as designated pursuant to s. 775.21;
2191	2.  Career offender pursuant to s. 775.261; or
2192	3.  Sexual offender pursuant to s. 943.0435, unless the
2193	requirement to register as a sexual offender has been removed
2194	pursuant to s. 943.04354.
2195	(5)  Exemptions granted by one licensing agency shall be
2196	considered by subsequent licensing agencies, but are not binding
2197	on the subsequent licensing agency.
2198	Section 42.  Section 435.08, Florida Statutes, is amended
2199	to read:
2200	435.08  Payment for processing of fingerprints and state
2201	criminal records checks.-Either The employer or the employee is
2202	responsible for paying the costs of screening. Payment shall be
2203	submitted to the Florida Department of Law Enforcement with the
2204	request for screening. The appropriate agency is responsible for
2205	collecting and paying any fee related to fingerprints retained
2206	on its behalf to the Department of Law Enforcement for costs
2207	resulting from the fingerprint information retention services.
2208	The amount of the annual fee and procedures for the submission
2209	and retention of fingerprint information and for the
2210	dissemination of search results shall be established by rule of
2211	the Department of Law Enforcement.
2212	Section 43.  Subsection (1) of section 464.203, Florida
2213	Statutes, is amended to read:
2214	464.203  Certified nursing assistants; certification
2215	requirement.-
2216	(1)  The board shall issue a certificate to practice as a
2217	certified nursing assistant to any person who demonstrates a
2218	minimum competency to read and write and successfully passes the
2219	required background Level I or Level II screening pursuant to s.
2220	400.215 and meets one of the following requirements:
2221	(a)  Has successfully completed an approved training
2222	program and achieved a minimum score, established by rule of the
2223	board, on the nursing assistant competency examination, which
2224	consists of a written portion and skills-demonstration portion
2225	approved by the board and administered at a site and by
2226	personnel approved by the department.
2227	(b)  Has achieved a minimum score, established by rule of
2228	the board, on the nursing assistant competency examination,
2229	which consists of a written portion and skills-demonstration
2230	portion, approved by the board and administered at a site and by
2231	personnel approved by the department and:
2232	1.  Has a high school diploma, or its equivalent; or
2233	2.  Is at least 18 years of age.
2234	(c)  Is currently certified in another state; is listed on
2235	that state's certified nursing assistant registry; and has not
2236	been found to have committed abuse, neglect, or exploitation in
2237	that state.
2238	(d)  Has completed the curriculum developed under the
2239	Enterprise Florida Jobs and Education Partnership Grant and
2240	achieved a minimum score, established by rule of the board, on
2241	the nursing assistant competency examination, which consists of
2242	a written portion and skills-demonstration portion, approved by
2243	the board and administered at a site and by personnel approved
2244	by the department.
2245	Section 44.  Subsection (9) of section 489.115, Florida
2246	Statutes, is amended to read:
2247	489.115  Certification and registration; endorsement;
2248	reciprocity; renewals; continuing education.-
2249	(9)  An initial applicant shall submit, along with the
2250	application, a complete set of fingerprints to in a form and
2251	manner required by the department. The fingerprints shall be
2252	submitted to the Department of Law Enforcement for state
2253	processing, and the Department of Law Enforcement shall forward
2254	them to the Federal Bureau of Investigation for national
2255	processing for the purpose of determining if the applicant has a
2256	criminal history record conducting a level 2 background check
2257	pursuant to s. 435.04. The department shall and the board may
2258	review the background results to determine if an applicant meets
2259	licensure requirements. The cost for the fingerprint processing
2260	shall be borne by the person subject to the background
2261	screening. These fees are to be collected by the authorized
2262	agencies or vendors. The authorized agencies or vendors are
2263	responsible for paying the processing costs to the Department of
2264	Law Enforcement.
2265	Section 45.  Paragraphs (g) and (h) of subsection (2) of
2266	section 943.05, Florida Statutes, are amended, and subsection
2267	(4) is added to that section, to read:
2268	943.05  Criminal Justice Information Program; duties; crime
2269	reports.-
2270	(2)  The program shall:
2271	(g)  Upon official written request, and subject to the
2272	department having sufficient funds and equipment to participate
2273	in such request, from the agency executive director or
2274	secretary, or designee, or from qualified entities participating
2275	in the volunteer and employee criminal history screening system
2276	under s. 943.0542, or as otherwise required As authorized by
2277	law, retain fingerprints submitted by criminal and noncriminal
2278	justice agencies to the department for a criminal history
2279	background screening as in a manner provided by rule and enter
2280	the fingerprints in the statewide automated fingerprint
2281	identification system authorized by paragraph (b). Such
2282	fingerprints shall thereafter be available for all purposes and
2283	uses authorized for arrest fingerprint submissions cards entered
2284	into the statewide automated fingerprint identification system
2285	pursuant to s. 943.051.
2286	(h)1.  For each agency or qualified entity that officially
2287	requests retention of fingerprints or for which retention is
2288	otherwise required As authorized by law, search all arrest
2289	fingerprint submissions cards received under s. 943.051 against
2290	the fingerprints retained in the statewide automated fingerprint
2291	identification system under paragraph (g).
2292	1.  Any arrest record that is identified with the retained
2293	fingerprints of a person subject to background screening as
2294	provided in paragraph (g) shall be reported to the appropriate
2295	agency or qualified entity.
2296	2.  To Agencies may participate in this search process,
2297	agencies or qualified entities must notify each person
2298	fingerprinted that his or her fingerprints will be retained, pay
2299	by payment of an annual fee to the department, and inform by
2300	informing the department of any change in the affiliation,
2301	employment, or contractual status or place of affiliation,
2302	employment, or contracting of each person the persons whose
2303	fingerprints are retained under paragraph (g) if such change
2304	removes or eliminates the agency or qualified entity's basis or
2305	need for receiving reports of any arrest of that person, so that
2306	the agency or qualified entity is not obligated to pay the
2307	upcoming annual fee for the retention and searching of that
2308	person's fingerprints to the department. The department shall
2309	adopt a rule setting the amount of the annual fee to be imposed
2310	upon each participating agency or qualified entity for
2311	performing these searches and establishing the procedures for
2312	the retention of fingerprints and the dissemination of search
2313	results. The fee may be borne by the agency, qualified entity,
2314	or person subject to fingerprint retention or as otherwise
2315	provided by law. Fees may be waived or reduced by the executive
2316	director for good cause shown. Consistent with the recognition
2317	of criminal justice agencies expressed in s. 943.053(3), these
2318	services shall will be provided to criminal justice agencies for
2319	criminal justice purposes free of charge.
2320	3.  Agencies that participate in the fingerprint retention
2321	and search process may adopt rules to require employers to keep
2322	the agency informed of any change in the affiliation,
2323	employment, or contractual status of each person whose
2324	fingerprints are retained under paragraph (g) if such change
2325	removes or eliminates the agency's basis or need for receiving
2326	reports of any arrest of that person, so that the agency is not
2327	obligated to pay the upcoming annual fee for the retention and
2328	searching of that person's fingerprints to the department.
2329	(4)  Upon notification that a federal fingerprint retention
2330	program is in effect, and subject to the department being funded
2331	and equipped to participate in such program, the department
2332	shall, if state and national criminal history records checks and
2333	retention of submitted prints are authorized or required by law,
2334	retain the fingerprints as provided in paragraphs (2)(g) and (h)
2335	and advise the Federal Bureau of Investigation to retain the
2336	fingerprints at the national level for searching against arrest
2337	fingerprint submissions received at the national level.
2338	Section 46.  Subsections (6) and (11) of section 943.053,
2339	Florida Statutes, are amended to read:
2340	943.053  Dissemination of criminal justice information;
2341	fees.-
2342	(6)  Notwithstanding any other provision of law, the
2343	department shall provide to the Florida Department of Revenue
2344	Child Support Enforcement access to Florida criminal records
2345	that which are not exempt from disclosure under chapter 119, and
2346	to such information as may be lawfully available from other
2347	states via the National Law Enforcement Telecommunications
2348	System, for the purpose of locating subjects who owe or
2349	potentially owe support, as defined in s. 409.2554, or to whom
2350	such obligation is owed pursuant to Title IV-D of the Social
2351	Security Act. Such information may be provided to child support
2352	enforcement authorities in other states for these specific
2353	purposes.
2354	(11)  A criminal justice agency that is authorized under
2355	federal rules or law to conduct a criminal history background
2356	check on an agency employee who is not certified by the Criminal
2357	Justice Standards and Training Commission under s. 943.12 may
2358	submit to the department the fingerprints of the noncertified
2359	employee to obtain state and national criminal history
2360	information. Effective January 15, 2007, The fingerprints
2361	submitted shall be retained and entered in the statewide
2362	automated fingerprint identification system authorized by s.
2363	943.05 and shall be available for all purposes and uses
2364	authorized for arrest fingerprint submissions cards entered in
2365	the statewide automated fingerprint identification system
2366	pursuant to s. 943.051. The department shall search all arrest
2367	fingerprint submissions cards received pursuant to s. 943.051
2368	against the fingerprints retained in the statewide automated
2369	fingerprint identification system pursuant to this section. In
2370	addition to all purposes and uses authorized for arrest
2371	fingerprint submissions cards for which submitted fingerprints
2372	may be used, any arrest record that is identified with the
2373	retained employee fingerprints must be reported to the
2374	submitting employing agency.
2375	Section 47.  Paragraph (a) of subsection (2) of section
2376	984.01, Florida Statutes, is amended to read:
2377	984.01  Purposes and intent; personnel standards and
2378	screening.-
2379	(2)  The Department of Juvenile Justice or the Department
2380	of Children and Family Services, as appropriate, may contract
2381	with the Federal Government, other state departments and
2382	agencies, county and municipal governments and agencies, public
2383	and private agencies, and private individuals and corporations
2384	in carrying out the purposes of, and the responsibilities
2385	established in, this chapter.
2386	(a)  If When the department of Juvenile Justice or the
2387	Department of Children and Family Services contracts with a
2388	provider for any program for children, all personnel, including
2389	owners, operators, employees, and volunteers, in the facility
2390	must be of good moral character. Each contract entered into by
2391	either department for services delivered on an appointment or
2392	intermittent basis by a provider that does not have regular
2393	custodial responsibility for children and each contract with a
2394	school for before or aftercare services must ensure that the
2395	owners, operators, and all personnel who have direct contact
2396	with children are of good moral character. A volunteer who
2397	assists on an intermittent basis for less than 10 40 hours per
2398	month need not be screened if a person who meets the screening
2399	requirement of this section is always present and has the
2400	volunteer in his or her line of sight the volunteer is under
2401	direct and constant supervision by persons who meet the
2402	screening requirements.
2403	Section 48.  Section 985.644, Florida Statutes, is amended
2404	to read:
2405	985.644  Departmental contracting powers; personnel
2406	standards and screening.-
2407	(1)  The department of Juvenile Justice or the Department
2408	of Children and Family Services, as appropriate, may contract
2409	with the Federal Government, other state departments and
2410	agencies, county and municipal governments and agencies, public
2411	and private agencies, and private individuals and corporations
2412	in carrying out the purposes of, and the responsibilities
2413	established in, this chapter.
2414	(a)  When the Department of Juvenile Justice or the
2415	Department of Children and Family Services contracts with a
2416	provider for any program for children, all personnel, including
2417	owners, operators, employees, and volunteers, in the facility
2418	must be of good moral character. Each contract entered into by
2419	the either department for services delivered on an appointment
2420	or intermittent basis by a provider that does not have regular
2421	custodial responsibility for children and each contract with a
2422	school for before or aftercare services must ensure that all the
2423	owners, operators, and all personnel who have direct contact
2424	with children are subject to level 2 background screening
2425	pursuant to chapter 435 of good moral character.
2426	(b)  A volunteer who assists the department or any program
2427	for children on an intermittent basis for less than 10 40 hours
2428	per month need not be screened if a person who meets the
2429	screening requirement of this section is always present and has
2430	the volunteer in his or her line of sight the volunteer is under
2431	direct and constant supervision by persons who meet the
2432	screening requirements.
2433	(b)  The Department of Juvenile Justice and the Department
2434	of Children and Family Services shall require employment
2435	screening pursuant to chapter 435, using the level 2 standards
2436	set forth in that chapter for personnel in programs for children
2437	or youths.
2438	(c)  The Department of Juvenile Justice or the Department
2439	of Children and Family Services may grant exemptions from
2440	disqualification from working with children as provided in s.
2441	435.07.
2442	(2)  The department may contract with the Federal
2443	Government, other state departments and agencies, county and
2444	municipal governments and agencies, public and private agencies,
2445	and private individuals and corporations in carrying out the
2446	purposes and the responsibilities of the delinquency services
2447	and programs of the department.
2448	(2)(3)  The department shall adopt a rule pursuant to
2449	chapter 120 establishing a procedure to provide notice of policy
2450	changes that affect contracted delinquency services and
2451	programs. A policy is defined as an operational requirement that
2452	applies to only the specified contracted delinquency service or
2453	program. The procedure must shall include:
2454	(a)  Public notice of policy development.
2455	(b)  Opportunity for public comment on the proposed policy.
2456	(c)  Assessment for fiscal impact upon the department and
2457	providers.
2458	(d)  The department's response to comments received.
2459	(4)  When the department contracts with a provider for any
2460	delinquency service or program, all personnel, including all
2461	owners, operators, employees, and volunteers in the facility or
2462	providing the service or program shall be of good moral
2463	character. A volunteer who assists on an intermittent basis for
2464	less than 40 hours per month is not required to be screened if
2465	the volunteer is under direct and constant supervision by
2466	persons who meet the screening requirements.
2467	(3)(5)(a)  All employees of the department and all
2468	personnel of contract providers for any program for children,
2469	including all owners, operators, employees, persons who have
2470	access to confidential juvenile records, and volunteers, must
2471	complete For any person employed by the department, or by a
2472	provider under contract with the department, in delinquency
2473	facilities, services, or programs, the department shall require:
2474	1.  A level 2 employment screening pursuant to chapter 435
2475	before prior to employment. The security background
2476	investigation conducted under this section must ensure that, in
2477	addition to the disqualifying offenses listed in s. 435.04, no
2478	person subject to the background screening provisions of this
2479	section has an arrest awaiting final disposition for, been found
2480	guilty of, regardless of adjudication, or entered a plea of nolo
2481	contendere or guilty to, or been adjudicated delinquent and the
2482	record has not been sealed or expunged for, any offense
2483	prohibited under the following provisions of state law or
2484	similar laws of another jurisdiction:
2485	a.  Section 784.07, relating to assault or battery of law
2486	enforcement officers, firefighters, emergency medical care
2487	providers, public transit employees or agents, or other
2488	specified officers.
2489	b.  Section 817.568, relating to criminal use of personal
2490	identification information.
2491	2.  A national federal criminal records check by the
2492	Federal Bureau of Investigation every 5 years following the date
2493	of the person's employment.
2494	(b)  Except for law enforcement, correctional, and
2495	correctional probation officers, to whom s. 943.13(5) applies,
2496	the department shall electronically submit to the Department of
2497	Law Enforcement:
2498	1.  Fingerprint information obtained during the employment
2499	screening required by subparagraph (a)1.
2500	2.  Beginning on December 15, 2005, Fingerprint information
2501	for all persons employed by the department, or by a provider
2502	under contract with the department, in delinquency facilities,
2503	services, or programs if such fingerprint information has not
2504	previously been electronically submitted to the Department of
2505	Law Enforcement under this paragraph.
2506	(c)  All fingerprint information electronically submitted
2507	to the Department of Law Enforcement under paragraph (b) shall
2508	be retained by the Department of Law Enforcement and entered
2509	into the statewide automated fingerprint identification system
2510	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2511	information shall be available for all purposes and uses
2512	authorized for arrest fingerprint information entered into the
2513	statewide automated fingerprint identification system pursuant
2514	to s. 943.051 until the fingerprint information is removed
2515	pursuant to paragraph (e). The Department of Law Enforcement
2516	shall search all arrest fingerprint information received
2517	pursuant to s. 943.051 against the fingerprint information
2518	entered into the statewide automated fingerprint system pursuant
2519	to this subsection. Any arrest records identified as a result of
2520	the search shall be reported to the department in the manner and
2521	timeframe established by the Department of Law Enforcement by
2522	rule.
2523	(d)  The department shall pay an annual fee to the
2524	Department of Law Enforcement for its costs resulting from the
2525	fingerprint information retention services required by this
2526	subsection. The amount of the annual fee and procedures for the
2527	submission and retention of fingerprint information and for the
2528	dissemination of search results shall be established by the
2529	Department of Law Enforcement by a rule that is applicable to
2530	the department individually pursuant to this subsection or that
2531	is applicable to the department and other employing agencies
2532	pursuant to rulemaking authority otherwise provided by law.
2533	(e)  The department shall notify the Department of Law
2534	Enforcement when a person whose fingerprint information is
2535	retained by the Department of Law Enforcement under this
2536	subsection is no longer employed by the department, or by a
2537	provider under contract with the department, in a delinquency
2538	facility, service, or program. This notice shall be provided by
2539	the department to the Department of Law Enforcement within no
2540	later than 6 months after the date of the change in the person's
2541	employment status. Fingerprint information for persons
2542	identified by the department in the notice shall be removed from
2543	the statewide automated fingerprint system.
2544	(6)  The department may grant exemptions from
2545	disqualification from working with children as provided in s.
2546	435.07.
2547	(7)  The department may adopt rules to describe the
2548	procedure and requirements necessary to administer the
2549	employment screening and fingerprint retention services for all
2550	employees of the department and all personnel of contract
2551	providers for any program for children, including all owners,
2552	operators, employees, and volunteers, including the collection
2553	of associated fees.
2554	Section 49.  Paragraph (a) of subsection (1) of section
2555	381.60225, Florida Statutes, is amended to read:
2556	381.60225  Background screening.-
2557	(1)  Each applicant for certification must comply with the
2558	following requirements:
2559	(a)  Upon receipt of a completed, signed, and dated
2560	application, the Agency for Health Care Administration shall
2561	require background screening, in accordance with the level 2
2562	standards for screening set forth in chapter 435, of the
2563	managing employee, or other similarly titled individual
2564	responsible for the daily operation of the organization, agency,
2565	or entity, and financial officer, or other similarly titled
2566	individual who is responsible for the financial operation of the
2567	organization, agency, or entity, including billings for
2568	services. The applicant must comply with the procedures for
2569	level 2 background screening as set forth in chapter 435, as
2570	well as the requirements of s. 435.03(3).
2571	Section 50.  Subsection (32) of section 409.912, Florida
2572	Statutes, is amended to read:
2573	409.912  Cost-effective purchasing of health care.-The
2574	agency shall purchase goods and services for Medicaid recipients
2575	in the most cost-effective manner consistent with the delivery
2576	of quality medical care. To ensure that medical services are
2577	effectively utilized, the agency may, in any case, require a
2578	confirmation or second physician's opinion of the correct
2579	diagnosis for purposes of authorizing future services under the
2580	Medicaid program. This section does not restrict access to
2581	emergency services or poststabilization care services as defined
2582	in 42 C.F.R. part 438.114. Such confirmation or second opinion
2583	shall be rendered in a manner approved by the agency. The agency
2584	shall maximize the use of prepaid per capita and prepaid
2585	aggregate fixed-sum basis services when appropriate and other
2586	alternative service delivery and reimbursement methodologies,
2587	including competitive bidding pursuant to s. 287.057, designed
2588	to facilitate the cost-effective purchase of a case-managed
2589	continuum of care. The agency shall also require providers to
2590	minimize the exposure of recipients to the need for acute
2591	inpatient, custodial, and other institutional care and the
2592	inappropriate or unnecessary use of high-cost services. The
2593	agency shall contract with a vendor to monitor and evaluate the
2594	clinical practice patterns of providers in order to identify
2595	trends that are outside the normal practice patterns of a
2596	provider's professional peers or the national guidelines of a
2597	provider's professional association. The vendor must be able to
2598	provide information and counseling to a provider whose practice
2599	patterns are outside the norms, in consultation with the agency,
2600	to improve patient care and reduce inappropriate utilization.
2601	The agency may mandate prior authorization, drug therapy
2602	management, or disease management participation for certain
2603	populations of Medicaid beneficiaries, certain drug classes, or
2604	particular drugs to prevent fraud, abuse, overuse, and possible
2605	dangerous drug interactions. The Pharmaceutical and Therapeutics
2606	Committee shall make recommendations to the agency on drugs for
2607	which prior authorization is required. The agency shall inform
2608	the Pharmaceutical and Therapeutics Committee of its decisions
2609	regarding drugs subject to prior authorization. The agency is
2610	authorized to limit the entities it contracts with or enrolls as
2611	Medicaid providers by developing a provider network through
2612	provider credentialing. The agency may competitively bid single-
2613	source-provider contracts if procurement of goods or services
2614	results in demonstrated cost savings to the state without
2615	limiting access to care. The agency may limit its network based
2616	on the assessment of beneficiary access to care, provider
2617	availability, provider quality standards, time and distance
2618	standards for access to care, the cultural competence of the
2619	provider network, demographic characteristics of Medicaid
2620	beneficiaries, practice and provider-to-beneficiary standards,
2621	appointment wait times, beneficiary use of services, provider
2622	turnover, provider profiling, provider licensure history,
2623	previous program integrity investigations and findings, peer
2624	review, provider Medicaid policy and billing compliance records,
2625	clinical and medical record audits, and other factors. Providers
2626	shall not be entitled to enrollment in the Medicaid provider
2627	network. The agency shall determine instances in which allowing
2628	Medicaid beneficiaries to purchase durable medical equipment and
2629	other goods is less expensive to the Medicaid program than long-
2630	term rental of the equipment or goods. The agency may establish
2631	rules to facilitate purchases in lieu of long-term rentals in
2632	order to protect against fraud and abuse in the Medicaid program
2633	as defined in s. 409.913. The agency may seek federal waivers
2634	necessary to administer these policies.
2635	(32)  Each managed care plan that is under contract with
2636	the agency to provide health care services to Medicaid
2637	recipients shall annually conduct a background check with the
2638	Florida Department of Law Enforcement of all persons with
2639	ownership interest of 5 percent or more or executive management
2640	responsibility for the managed care plan and shall submit to the
2641	agency information concerning any such person who has been found
2642	guilty of, regardless of adjudication, or has entered a plea of
2643	nolo contendere or guilty to, any of the offenses listed in s.
2644	435.04 435.03.
2645	Section 51.  Paragraph (e) of subsection (1) of section
2646	464.018, Florida Statutes, is amended to read:
2647	464.018  Disciplinary actions.-
2648	(1)  The following acts constitute grounds for denial of a
2649	license or disciplinary action, as specified in s. 456.072(2):
2650	(e)  Having been found guilty of, regardless of
2651	adjudication, or entered a plea of nolo contendere or guilty to,
2652	any offense prohibited under s. 435.04 435.03 or under any
2653	similar statute of another jurisdiction; or having committed an
2654	act which constitutes domestic violence as defined in s. 741.28.
2655	Section 52.  Paragraph (m) of subsection (1) of section
2656	468.3101, Florida Statutes, is amended to read:
2657	468.3101  Disciplinary grounds and actions.-
2658	(1)  The department may make or require to be made any
2659	investigations, inspections, evaluations, and tests, and require
2660	the submission of any documents and statements, which it
2661	considers necessary to determine whether a violation of this
2662	part has occurred. The following acts shall be grounds for
2663	disciplinary action as set forth in this section:
2664	(m)  Having been found guilty of, regardless of
2665	adjudication, or pleading guilty or nolo contendere to, any
2666	offense prohibited under s. 435.04 435.03 or under any similar
2667	statute of another jurisdiction.
2668	Section 53.  Subsection (3) of section 744.309, Florida
2669	Statutes, is amended to read:
2670	744.309  Who may be appointed guardian of a resident ward.-
2671	(3)  DISQUALIFIED PERSONS.-No person who has been convicted
2672	of a felony or who, from any incapacity or illness, is incapable
2673	of discharging the duties of a guardian, or who is otherwise
2674	unsuitable to perform the duties of a guardian, shall be
2675	appointed to act as guardian. Further, no person who has been
2676	judicially determined to have committed abuse, abandonment, or
2677	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2678	(2), and (37), or who has been found guilty of, regardless of
2679	adjudication, or entered a plea of nolo contendere or guilty to,
2680	any offense prohibited under s. 435.04 435.03 or under any
2681	similar statute of another jurisdiction, shall be appointed to
2682	act as a guardian. Except as provided in subsection (5) or
2683	subsection (6), a person who provides substantial services to
2684	the proposed ward in a professional or business capacity, or a
2685	creditor of the proposed ward, may not be appointed guardian and
2686	retain that previous professional or business relationship. A
2687	person may not be appointed a guardian if he or she is in the
2688	employ of any person, agency, government, or corporation that
2689	provides service to the proposed ward in a professional or
2690	business capacity, except that a person so employed may be
2691	appointed if he or she is the spouse, adult child, parent, or
2692	sibling of the proposed ward or the court determines that the
2693	potential conflict of interest is insubstantial and that the
2694	appointment would clearly be in the proposed ward's best
2695	interest. The court may not appoint a guardian in any other
2696	circumstance in which a conflict of interest may occur.
2697	Section 54.  Subsection (12) of section 744.474, Florida
2698	Statutes, is amended to read:
2699	744.474  Reasons for removal of guardian.-A guardian may be
2700	removed for any of the following reasons, and the removal shall
2701	be in addition to any other penalties prescribed by law:
2702	(12)  Having been found guilty of, regardless of
2703	adjudication, or entered a plea of nolo contendere or guilty to,
2704	any offense prohibited under s. 435.04 435.03 or under any
2705	similar statute of another jurisdiction.
2706	Section 55.  Paragraph (a) of subsection (6) of section
2707	985.04, Florida Statutes, is amended to read:
2708	985.04  Oaths; records; confidential information.-
2709	(6)(a)  Records maintained by the department, including
2710	copies of records maintained by the court, which pertain to a
2711	child found to have committed a delinquent act which, if
2712	committed by an adult, would be a crime specified in s. ss.
2713	435.03 and 435.04 may not be destroyed under this section for a
2714	period of 25 years after the youth's final referral to the
2715	department, except in cases of the death of the child. Such
2716	records, however, shall be sealed by the court for use only in
2717	meeting the screening requirements for personnel in s. 402.3055
2718	and the other sections cited above, or under departmental rule;
2719	however, current criminal history information must be obtained
2720	from the Department of Law Enforcement in accordance with s.
2721	943.053. The information shall be released to those persons
2722	specified in the above cited sections for the purposes of
2723	complying with those sections. The court may punish by contempt
2724	any person who releases or uses the records for any unauthorized
2725	purpose.
2726	Section 56.  Section 409.1758, Florida Statutes, is
2727	repealed.
2728	Section 57.  Paragraph (d) of subsection (4) of section
2729	456.039, Florida Statutes, is repealed.
2730	Section 58.  The changes made by this act are intended to
2731	be prospective in nature. It is not intended that persons who
2732	are employed or licensed on the effective date of this act be
2733	rescreened until such time as they are otherwise required to be
2734	rescreened pursuant to law, at which time they must meet the
2735	requirements for screening as set forth in this act.
2736	Section 59.  This act shall take effect August 1, 2010.

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