Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 320
       
       
       
       
       
       
                                Barcode 601956                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       The Committee on Children, Families, and Elder Affairs (Storms)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (1) of
    6  section 394.4572, Florida Statutes, to read:
    7         394.4572 Screening of mental health personnel.—
    8         (1)
    9         (d) Mental health personnel working in a facility licensed
   10  under chapter 395 who work on an intermittent basis for less
   11  than 15 hours per week of direct, face-to-face contact with
   12  patients, and who are not listed on the Department of Law
   13  Enforcement Career Offender Search or the Dru Sjodin National
   14  Sex Offender Public Website, are exempt from the fingerprinting
   15  and screening requirements, except that persons working in a
   16  mental health facility where the primary purpose of the facility
   17  is the mental health treatment of minors must be fingerprinted
   18  and meet screening requirements.
   19         Section 2. Section 408.809, Florida Statutes, is amended to
   20  read:
   21         408.809 Background screening; prohibited offenses.—
   22         (1) Level 2 background screening pursuant to chapter 435
   23  must be conducted through the agency on each of the following
   24  persons, who are considered employees for the purposes of
   25  conducting screening under chapter 435:
   26         (a) The licensee, if an individual.
   27         (b) The administrator or a similarly titled person who is
   28  responsible for the day-to-day operation of the provider.
   29         (c) The financial officer or similarly titled individual
   30  who is responsible for the financial operation of the licensee
   31  or provider.
   32         (d) Any person who is a controlling interest if the agency
   33  has reason to believe that such person has been convicted of any
   34  offense prohibited by s. 435.04. For each controlling interest
   35  who has been convicted of any such offense, the licensee shall
   36  submit to the agency a description and explanation of the
   37  conviction at the time of license application.
   38         (e) Any person, as required by authorizing statutes,
   39  seeking employment with a licensee or provider who is expected
   40  to, or whose responsibilities may require him or her to, provide
   41  personal care or services directly to clients or have access to
   42  client funds, personal property, or living areas; and any
   43  person, as required by authorizing statutes, contracting with a
   44  licensee or provider whose responsibilities require him or her
   45  to provide personal care or personal services directly to
   46  clients. Evidence of contractor screening may be retained by the
   47  contractor’s employer or the licensee.
   48         (2) Every 5 years following his or her licensure,
   49  employment, or entry into a contract in a capacity that under
   50  subsection (1) would require level 2 background screening under
   51  chapter 435, each such person must submit to level 2 background
   52  rescreening as a condition of retaining such license or
   53  continuing in such employment or contractual status. For any
   54  such rescreening, the agency shall request the Department of Law
   55  Enforcement to forward the person’s fingerprints to the Federal
   56  Bureau of Investigation for a national criminal history record
   57  check. If the fingerprints of such a person are not retained by
   58  the Department of Law Enforcement under s. 943.05(2)(g), the
   59  person must file a complete set of fingerprints with the agency
   60  and the agency shall forward the fingerprints to the Department
   61  of Law Enforcement for state processing, and the Department of
   62  Law Enforcement shall forward the fingerprints to the Federal
   63  Bureau of Investigation for a national criminal history record
   64  check. The fingerprints may be retained by the Department of Law
   65  Enforcement under s. 943.05(2)(g). The cost of the state and
   66  national criminal history records checks required by level 2
   67  screening may be borne by the licensee or the person
   68  fingerprinted. Until the person’s background screening results
   69  are retained in the clearinghouse created under s. 435.12, the
   70  agency may accept as satisfying the requirements of this section
   71  proof of compliance with level 2 screening standards submitted
   72  within the previous 5 years to meet any provider or professional
   73  licensure requirements of the agency, the Department of Health,
   74  the Department of Elderly Affairs, the Agency for Persons with
   75  Disabilities, the Department of Children and Family Services, or
   76  the Department of Financial Services for an applicant for a
   77  certificate of authority or provisional certificate of authority
   78  to operate a continuing care retirement community under chapter
   79  651, provided that:
   80         (a) The screening standards and disqualifying offenses for
   81  the prior screening are equivalent to those specified in s.
   82  435.04 and this section;
   83         (b)satisfies the requirements of this section if The
   84  person subject to screening has not had a break in service from
   85  a position that requires level 2 screening been unemployed for
   86  more than 90 days; and
   87         (c) Such proof is accompanied, under penalty of perjury, by
   88  an affidavit of compliance with the provisions of chapter 435
   89  and this section using forms provided by the agency.
   90         (3) All fingerprints must be provided in electronic format.
   91  Screening results shall be reviewed by the agency with respect
   92  to the offenses specified in s. 435.04 and this section, and the
   93  qualifying or disqualifying status of the person named in the
   94  request shall be maintained in a database. The qualifying or
   95  disqualifying status of the person named in the request shall be
   96  posted on a secure website for retrieval by the licensee or
   97  designated agent on the licensee’s behalf.
   98         (4) In addition to the offenses listed in s. 435.04, all
   99  persons required to undergo background screening pursuant to
  100  this part or authorizing statutes must not have an arrest
  101  awaiting final disposition for, must not have been found guilty
  102  of, regardless of adjudication, or entered a plea of nolo
  103  contendere or guilty to, and must not have been adjudicated
  104  delinquent and the record not have been sealed or expunged for
  105  any of the following offenses or any similar offense of another
  106  jurisdiction:
  107         (a) Any authorizing statutes, if the offense was a felony.
  108         (b) This chapter, if the offense was a felony.
  109         (c) Section 409.920, relating to Medicaid provider fraud.
  110         (d) Section 409.9201, relating to Medicaid fraud.
  111         (e) Section 741.28, relating to domestic violence.
  112         (f) Section 817.034, relating to fraudulent acts through
  113  mail, wire, radio, electromagnetic, photoelectronic, or
  114  photooptical systems.
  115         (g) Section 817.234, relating to false and fraudulent
  116  insurance claims.
  117         (h) Section 817.505, relating to patient brokering.
  118         (i) Section 817.568, relating to criminal use of personal
  119  identification information.
  120         (j) Section 817.60, relating to obtaining a credit card
  121  through fraudulent means.
  122         (k) Section 817.61, relating to fraudulent use of credit
  123  cards, if the offense was a felony.
  124         (l) Section 831.01, relating to forgery.
  125         (m) Section 831.02, relating to uttering forged
  126  instruments.
  127         (n) Section 831.07, relating to forging bank bills, checks,
  128  drafts, or promissory notes.
  129         (o) Section 831.09, relating to uttering forged bank bills,
  130  checks, drafts, or promissory notes.
  131         (p) Section 831.30, relating to fraud in obtaining
  132  medicinal drugs.
  133         (q) Section 831.31, relating to the sale, manufacture,
  134  delivery, or possession with the intent to sell, manufacture, or
  135  deliver any counterfeit controlled substance, if the offense was
  136  a felony.
  137         (5) A person who serves as a controlling interest of, is
  138  employed by, or contracts with a licensee on July 31, 2010, who
  139  has been screened and qualified according to standards specified
  140  in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015 in
  141  compliance with the following schedule. The agency may adopt
  142  rules to establish a schedule to stagger the implementation of
  143  the required rescreening over the 5-year period, beginning July
  144  31, 2010, through July 31, 2015. If, upon rescreening, such
  145  person has a disqualifying offense that was not a disqualifying
  146  offense at the time of the last screening, but is a current
  147  disqualifying offense and was committed before the last
  148  screening, he or she may apply for an exemption from the
  149  appropriate licensing agency and, if agreed to by the employer,
  150  may continue to perform his or her duties until the licensing
  151  agency renders a decision on the application for exemption if
  152  the person is eligible to apply for an exemption and the
  153  exemption request is received by the agency within 30 days after
  154  receipt of the rescreening results by the person. The
  155  rescreening schedule shall be:
  156         (a) Individuals for whom the last screening was conducted
  157  on or before December 31, 2004, must be rescreened by July 31,
  158  2013.
  159         (b) Individuals for whom the last screening conducted was
  160  between January 1, 2005, and December 31, 2008, must be
  161  rescreened by July 31, 2014.
  162         (c) Individuals for whom the last screening conducted was
  163  between January 1, 2009, through July 31, 2011, must be
  164  rescreened by July 31, 2015.
  165         (6)(5) The costs associated with obtaining the required
  166  screening must be borne by the licensee or the person subject to
  167  screening. Licensees may reimburse persons for these costs. The
  168  Department of Law Enforcement shall charge the agency for
  169  screening pursuant to s. 943.053(3). The agency shall establish
  170  a schedule of fees to cover the costs of screening.
  171         (7)(6)(a) As provided in chapter 435, the agency may grant
  172  an exemption from disqualification to a person who is subject to
  173  this section and who:
  174         1. Does not have an active professional license or
  175  certification from the Department of Health; or
  176         2. Has an active professional license or certification from
  177  the Department of Health but is not providing a service within
  178  the scope of that license or certification.
  179         (b) As provided in chapter 435, the appropriate regulatory
  180  board within the Department of Health, or the department itself
  181  if there is no board, may grant an exemption from
  182  disqualification to a person who is subject to this section and
  183  who has received a professional license or certification from
  184  the Department of Health or a regulatory board within that
  185  department and that person is providing a service within the
  186  scope of his or her licensed or certified practice.
  187         (8)(7) The agency and the Department of Health may adopt
  188  rules pursuant to ss. 120.536(1) and 120.54 to implement this
  189  section, chapter 435, and authorizing statutes requiring
  190  background screening and to implement and adopt criteria
  191  relating to retaining fingerprints pursuant to s. 943.05(2).
  192         (9)(8) There is no unemployment compensation or other
  193  monetary liability on the part of, and no cause of action for
  194  damages arising against, an employer that, upon notice of a
  195  disqualifying offense listed under chapter 435 or this section,
  196  terminates the person against whom the report was issued,
  197  whether or not that person has filed for an exemption with the
  198  Department of Health or the agency.
  199         Section 3. Section 409.1757, Florida Statutes, is amended
  200  to read:
  201         409.1757 Persons not required to be refingerprinted or
  202  rescreened.—Any provision of law to the contrary
  203  notwithstanding, human resource personnel who have been
  204  fingerprinted or screened pursuant to chapters 393, 394, 397,
  205  402, and this chapter, and teachers who have been fingerprinted
  206  pursuant to chapter 1012, and law enforcement officers who meet
  207  the requirements of s. 943.13, who have not been unemployed for
  208  more than 90 days thereafter, and who under the penalty of
  209  perjury attest to the completion of such fingerprinting or
  210  screening and to compliance with the provisions of this section
  211  and the standards for good moral character as contained in such
  212  provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
  213  402.305(2), and 409.175(6), and 943.13(7), are shall not be
  214  required to be refingerprinted or rescreened in order to comply
  215  with any caretaker screening or fingerprinting requirements.
  216         Section 4. Paragraph (i) of subsection (4) of section
  217  409.221, Florida Statutes, is amended to read:
  218         409.221 Consumer-directed care program.—
  219         (4) CONSUMER-DIRECTED CARE.—
  220         (i) Background screening requirements.—All persons who
  221  render care under this section must undergo level 2 background
  222  screening pursuant to chapter 435 and s. 408.809. The agency
  223  shall, as allowable, reimburse consumer-employed caregivers for
  224  the cost of conducting background screening as required by this
  225  section. For purposes of this section, a person who has
  226  undergone screening, who is qualified for employment under this
  227  section and applicable rule, and who has not been unemployed for
  228  more than 90 days following such screening is not required to be
  229  rescreened. Such person must attest under penalty of perjury to
  230  not having been convicted of a disqualifying offense since
  231  completing such screening.
  232         Section 5. Present subsections (7) through (26) of section
  233  413.20, Florida Statutes, are renumbered as subsections (8)
  234  through (27), respectively, and a new subsection (7) is added to
  235  that section, to read:
  236         413.20 Definitions.—As used in this part, the term:
  237         (7) “Service provider” means a person or entity who
  238  provides pursuant to this part employment services, supported
  239  employment services, independent living services, self
  240  employment services, personal assistance services, vocational
  241  evaluation or tutorial services, or rehabilitation technology
  242  services, on a contractual or fee-for-service basis to
  243  vulnerable persons as defined in s. 435.02.
  244         Section 6. Section 413.208, Florida Statutes, is amended to
  245  read:
  246         413.208 Service providers; quality assurance; and fitness
  247  for responsibilities; background screening.—
  248         (1)Service providers must register with the division. To
  249  qualify for registration, the division must of Vocational
  250  Rehabilitation shall certify providers of direct service and
  251  ensure that the service provider maintains they maintain an
  252  internal system of quality assurance, has have proven functional
  253  systems, and is are subject to a due-diligence inquiry as to its
  254  their fitness to undertake service responsibilities, regardless
  255  of whether a contract for services is procured competitively or
  256  noncompetitively.
  257         (2)(a) As a condition of registration under this section,
  258  level 2 background screening pursuant to chapter 435 must be
  259  conducted by the division on each of the following persons:
  260         1. The administrator or a similarly titled person who is
  261  responsible for the day-to-day operation of the service
  262  provider.
  263         2. The financial officer or similarly titled individual who
  264  is responsible for the financial operation of the service
  265  provider.
  266         3. Any person employed by, or otherwise engaged on the
  267  behalf of, a service provider who is expected to have direct,
  268  face-to-face contact with a vulnerable person as defined in s.
  269  435.02 while providing services to the person and have access to
  270  the person’s living areas, funds, personal property, or personal
  271  identification information as defined in s. 817.568.
  272         4. A director of the service provider.
  273         (b) Level 2 background screening pursuant to chapter 435 is
  274  not required for the following persons:
  275         1. A licensed physician, nurse, or other professional who
  276  is licensed by the Department of Health and who has undergone
  277  fingerprinting and background screening as part of such
  278  licensure if providing a service that is within the scope of her
  279  or his licensed practice.
  280         2. A relative of the vulnerable person receiving services.
  281  For purposes of this section, the term “relative” means an
  282  individual who is the father, mother, stepfather, stepmother,
  283  son, daughter, brother, sister, grandmother, grandfather, great
  284  grandmother, great-grandfather, grandson, granddaughter, uncle,
  285  aunt, first cousin, nephew, niece, husband, wife, father-in-law,
  286  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  287  sister-in-law, stepson, stepdaughter, stepbrother, stepsister,
  288  half-brother, or half-sister of the vulnerable person.
  289         (c) Service providers are responsible for initiating and
  290  completing the background screening as a condition of
  291  registration.
  292         (d)1. Every 5 years following initial screening, each
  293  person subject to background screening under this section must
  294  submit to level 2 background rescreening as a condition of the
  295  service provider retaining such registration.
  296         2. Until the person’s background screening results are
  297  retained in the clearinghouse created under s. 435.12, the
  298  division may accept as satisfying the requirements of this
  299  section proof of compliance with level 2 screening standards
  300  submitted within the previous 5 years to meet any provider or
  301  professional licensure requirements of the Agency for Health
  302  Care Administration, the Department of Health, the Department of
  303  Elderly Affairs, the Agency for Persons with Disabilities, or
  304  the Department of Children and Family Services, provided:
  305         a. The screening standards and disqualifying offenses for
  306  the prior screening are equivalent to those specified in s.
  307  435.04 and this section;
  308         b. The person subject to screening has not had a break in
  309  service from a position that requires level 2 screening for more
  310  than 90 days; and
  311         c. Such proof is accompanied, under penalty of perjury, by
  312  an affidavit of compliance with the provisions of chapter 435
  313  and this section.
  314         (e) In addition to the disqualifying offenses listed in s.
  315  435.04, all persons subject to undergo background screening
  316  pursuant to this section must not have an arrest awaiting final
  317  disposition for, must not have been found guilty of, regardless
  318  of adjudication, or entered a plea of nolo contendere or guilty
  319  to, and must not have been adjudicated delinquent, and the
  320  record has not been expunged for, any offense prohibited under
  321  any of the following provisions or similar law of another
  322  jurisdiction:
  323         1. Section 409.920, relating to Medicaid provider fraud.
  324         2. Section 409.9201, relating to Medicaid fraud.
  325         3. Section 741.28, relating to domestic violence.
  326         4. Section 817.034, relating to fraudulent acts through
  327  mail, wire, radio, electromagnetic, photoelectronic, or
  328  photooptical systems.
  329         5. Section 817.234, relating to false and fraudulent
  330  insurance claims.
  331         6. Section 817.505, relating to patient brokering.
  332         7. Section 817.568, relating to criminal use of personal
  333  identification information.
  334         8. Section 817.60, relating to obtaining a credit card
  335  through fraudulent means.
  336         9. Section 817.61, relating to fraudulent use of credit
  337  cards, if the offense was a felony.
  338         10. Section 831.01, relating to forgery.
  339         11. Section 831.02, relating to uttering forged
  340  instruments.
  341         12. Section 831.07, relating to forging bank bills, checks,
  342  drafts, or promissory notes.
  343         13. Section 831.09, relating to uttering forged bank bills,
  344  checks, drafts, or promissory notes.
  345         14. Section 831.31, relating to the sale, manufacture,
  346  delivery, or possession with the intent to sell, manufacture, or
  347  deliver any counterfeit controlled substance, if the offense was
  348  a felony.
  349         (f) The division may grant an exemption from
  350  disqualification from this section only as provided in s.
  351  435.07.
  352         (3)The cost of the state and national criminal history
  353  records checks required by level 2 screening and their retention
  354  shall be borne by the service provider or the person being
  355  screened.
  356         (4)(a) The division shall deny, suspend, terminate, or
  357  revoke a registration, rate agreement, purchase order, referral,
  358  contract, or other agreement, or pursue other remedies in
  359  addition to or in lieu of denial, suspension, termination, or
  360  revocation, for failure to comply with this section.
  361         (b) If the division has reasonable cause to believe that
  362  grounds for denial or termination of registration exist, it
  363  shall provide written notification to the person affected,
  364  identifying the specific record that indicates noncompliance
  365  with the standards in this section.
  366         (c) Refusal on the part of a provider to remove from
  367  contact with any vulnerable person a person who is employed by,
  368  or otherwise engaged on behalf of, the provider and who is found
  369  to be not in compliance with the standards of this section shall
  370  result in revocation of the service provider’s registration and
  371  contract.
  372         Section 7. The background screening requirements of section
  373  6 of this act do not apply to existing registrants with the
  374  Division of Vocational Rehabilitation in effect before October
  375  1, 2012. Such requirements apply to all registrants with the
  376  division which are renewed or entered into on or after October
  377  1, 2012.
  378         Section 8. Section 430.0402, Florida Statutes, is amended
  379  to read:
  380         430.0402 Screening of direct service providers.—
  381         (1)(a) Except as provided in subsection (2), level 2
  382  background screening pursuant to chapter 435 is required for
  383  direct service providers. Background screening includes
  384  employment history checks as provided in s. 435.03(1) and local
  385  criminal records checks through local law enforcement agencies.
  386         (b) For purposes of this section, the term “direct service
  387  provider” means a person 18 years of age or older who, pursuant
  388  to a program to provide services to the elderly, has direct,
  389  face-to-face contact with a client while providing services to
  390  the client and or has access to the client’s living areas, or to
  391  the client’s funds, or personal property, or personal
  392  identification information as defined in s. 817.568. The term
  393  includes coordinators, managers, and supervisors of residential
  394  facilities and volunteers.
  395         (2) Level 2 background screening pursuant to chapter 435
  396  and this section is not required for the following direct
  397  service providers:
  398         (a)1. Licensed physicians, nurses, or other professionals
  399  licensed by the Department of Health who have been fingerprinted
  400  and undergone background screening as part of their licensure;
  401  and
  402         2. Attorneys in good standing with The Florida Bar; are not
  403  subject to background screening if they are providing a service
  404  that is within the scope of their licensed practice.
  405         (b) Relatives. For purposes of this section, the term
  406  “relative” means an individual who is the father, mother,
  407  stepfather, stepmother, son, daughter, brother, sister,
  408  grandmother, grandfather, great-grandmother, great-grandfather,
  409  grandson, granddaughter, uncle, aunt, first cousin, nephew,
  410  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
  411  daughter-in-law, brother-in-law, sister-in-law, stepson,
  412  stepdaughter, stepbrother, stepsister, half-brother, or half
  413  sister of the client.
  414         (c) Volunteers who assist on an intermittent basis for less
  415  than 20 hours per month and who are not listed on the Department
  416  of Law Enforcement Career Offender Search or the Dru Sjodin
  417  National Sex Offender Public Website.
  418         1. The program that provides services to the elderly is
  419  responsible for verifying that the volunteer is not listed on
  420  either database.
  421         2. Once the department is participating as a specified
  422  agency in the clearinghouse created under s. 435.12, the
  423  provider shall forward the volunteer information to the
  424  Department of Elderly Affairs if the volunteer is not listed in
  425  either database specified in subparagraph 1. The department must
  426  then perform a check of the clearinghouse. If a disqualification
  427  is identified in the clearinghouse, the volunteer must undergo
  428  level 2 background screening pursuant to chapter 435 and this
  429  section.
  430         (3) Until the department is participating as a specified
  431  agency in the clearinghouse created under s. 435.12, the
  432  department may not require additional level 2 screening if the
  433  individual is qualified for licensure or employment by the
  434  Agency for Health Care Administration pursuant to the agency’s
  435  background screening standards under s. 408.809 and the
  436  individual is providing a service that is within the scope of
  437  his or her licensed practice or employment.
  438         (4)(3) Refusal on the part of an employer to dismiss a
  439  manager, supervisor, or direct service provider who has been
  440  found to be in noncompliance with standards of this section
  441  shall result in the automatic denial, termination, or revocation
  442  of the license or certification, rate agreement, purchase order,
  443  or contract, in addition to any other remedies authorized by
  444  law.
  445         (5) Individuals serving as direct service providers on July
  446  31, 2011, must be screened by July 1, 2013. The department may
  447  adopt rules to establish a schedule to stagger the
  448  implementation of the required screening over a 1-year period,
  449  beginning July 1, 2012, through July 1, 2013.
  450         (6) An employer of a direct service provider who previously
  451  qualified for employment or volunteer work under Level 1
  452  screening standards or an individual who is required to be
  453  screened according to the level 2 screening standards contained
  454  in chapter 435, pursuant to this section, shall be rescreened
  455  every 5 years following the date of his or her last background
  456  screening or exemption, unless such individual’s fingerprints
  457  are continuously retained and monitored by the Department of Law
  458  Enforcement in the federal fingerprint retention program
  459  according to the procedures specified in s. 943.05.
  460         (7)(4) The background screening conducted pursuant to this
  461  section must ensure that, in addition to the disqualifying
  462  offenses listed in s. 435.04, no person subject to the
  463  provisions of this section has an arrest awaiting final
  464  disposition for, has been found guilty of, regardless of
  465  adjudication, or entered a plea of nolo contendere or guilty to,
  466  or has been adjudicated delinquent and the record has not been
  467  sealed or expunged for, any offense prohibited under any of the
  468  following provisions of state law or similar law of another
  469  jurisdiction:
  470         (a) Any authorizing statutes, if the offense was a felony.
  471         (a)(b) Section 409.920, relating to Medicaid provider
  472  fraud.
  473         (b)(c) Section 409.9201, relating to Medicaid fraud.
  474         (c)(d) Section 817.034, relating to fraudulent acts through
  475  mail, wire, radio, electromagnetic, photoelectronic, or
  476  photooptical systems.
  477         (d)(e) Section 817.234, relating to false and fraudulent
  478  insurance claims.
  479         (e)(f) Section 817.505, relating to patient brokering.
  480         (f)(g) Section 817.568, relating to criminal use of
  481  personal identification information.
  482         (g)(h) Section 817.60, relating to obtaining a credit card
  483  through fraudulent means.
  484         (h)(i) Section 817.61, relating to fraudulent use of credit
  485  cards, if the offense was a felony.
  486         (i)(j) Section 831.01, relating to forgery.
  487         (j)(k) Section 831.02, relating to uttering forged
  488  instruments.
  489         (k)(l) Section 831.07, relating to forging bank bills,
  490  checks, drafts, or promissory notes.
  491         (l)(m) Section 831.09, relating to uttering forged bank
  492  bills, checks, drafts, or promissory notes.
  493         Section 9. Section 435.02, Florida Statutes, is amended to
  494  read:
  495         435.02 Definitions.—For the purposes of this chapter, the
  496  term:
  497         (1) “Agency” means any state, county, or municipal agency
  498  that grants licenses or registration permitting the operation of
  499  an employer or is itself an employer or that otherwise
  500  facilitates the screening of employees pursuant to this chapter.
  501  If there is no state agency or the municipal or county agency
  502  chooses not to conduct employment screening, “agency” means the
  503  Department of Children and Family Services.
  504         (2) “Employee” means any person required by law to be
  505  screened pursuant to this chapter, including, but not limited
  506  to, persons who are contractors, licensees, or volunteers.
  507         (3) “Employer” means any person or entity required by law
  508  to conduct screening of employees pursuant to this chapter.
  509         (4) “Employment” means any activity or service sought to be
  510  performed by an employee which requires the employee to be
  511  screened pursuant to this chapter.
  512         (5) “Specified agency” means the Department of Health, the
  513  Department of Children and Family Services, the Division of
  514  Vocational Rehabilitation within the Department of Education,
  515  the Agency for Health Care Administration, the Department of
  516  Elderly Affairs, the Department of Juvenile Justice, and the
  517  Agency for Persons with Disabilities when these agencies are
  518  conducting state and national criminal history background
  519  screening on persons who work with children or persons who are
  520  elderly or disabled.
  521         (6)(5) “Vulnerable person” means a minor as defined in s.
  522  1.01 or a vulnerable adult as defined in s. 415.102.
  523         Section 10. Paragraph (e) is added to subsection (1) of
  524  section 435.04, Florida Statutes, to read:
  525         435.04 Level 2 screening standards.—
  526         (1)
  527         (e) Vendors who submit fingerprints on behalf of employers
  528  must:
  529         1. Meet the requirements of s. 943.053; and
  530         2. Have the ability to communicate electronically with the
  531  state agency accepting screening results from the Department of
  532  Law Enforcement and provide a photograph of the applicant taken
  533  at the time the fingerprints are submitted.
  534         Section 11. Paragraph (d) is added to subsection (2) of
  535  section 435.06, Florida Statutes, to read:
  536         435.06 Exclusion from employment.—
  537         (2)
  538         (d) An employer may hire an employee to a position that
  539  requires background screening before the employee completes the
  540  screening process for training and orientation purposes.
  541  However, the employee may not have direct contact with
  542  vulnerable persons until the screening process is completed and
  543  the employee demonstrates that he or she exhibits no behaviors
  544  that warrant the denial or termination of employment.
  545         Section 12. Section 435.12, Florida Statutes, is created to
  546  read:
  547         435.12 Care Provider Background Screening Clearinghouse.—
  548         (1) The Agency for Health Care Administration in
  549  consultation with the Department of Law Enforcement shall create
  550  a secure web-based system, which shall be known as the “Care
  551  Provider Background Screening Clearinghouse” or “clearinghouse,”
  552  and which shall be implemented to the full extent practicable no
  553  later than September 30, 2013, subject to the specified agencies
  554  being funded and equipped to participate in such program. The
  555  clearinghouse shall allow the results of criminal history checks
  556  provided to the specified agencies for screening of persons
  557  qualified as care providers under s. 943.0542 to be shared among
  558  the specified agencies when a person has applied to volunteer,
  559  be employed, be licensed, or enter into a contract that requires
  560  a state and national fingerprint-based criminal history check.
  561  The Agency for Health Care Administration and the Department of
  562  Law Enforcement may adopt rules to create forms or implement
  563  procedures needed to carry out this section.
  564         (2)(a) To ensure that the information in the clearinghouse
  565  is current, the fingerprints of an employee required to be
  566  screened by a specified agency and included in the clearinghouse
  567  must be:
  568         1. Retained by the Department of Law Enforcement pursuant
  569  to s. 943.05(2)(g) and (h) and (3), and the Department of Law
  570  Enforcement must report the results of searching those
  571  fingerprints against state incoming arrest fingerprint
  572  submissions to the Agency for Health Care Administration for
  573  inclusion in the clearinghouse.
  574         2. Resubmitted for a Federal Bureau of Investigation
  575  national criminal history check every 5 years until such time as
  576  the fingerprints are retained by the Federal Bureau of
  577  Investigation.
  578         3. Subject to retention on a 5-year renewal basis with fees
  579  collected at the time of initial submission or resubmission of
  580  fingerprints.
  581         (b) Until such time as the fingerprints are retained at the
  582  Federal Bureau of Investigation, an employee with a break in
  583  service of more than 90 days from a position that requires
  584  screening by a specified agency must submit to a national
  585  screening if the person returns to a position that requires
  586  screening by a specified agency.
  587         (c) An employer of persons subject to screening by a
  588  specified agency must register with the clearinghouse and
  589  maintain the employment status of all employees within the
  590  clearinghouse. Initial employment status and any changes in
  591  status must be reported within 10 business days.
  592         (3) An employee who has undergone a fingerprint-based
  593  criminal history check by a specified agency before the
  594  clearinghouse is operational is not required to be checked again
  595  solely for the purpose of entry in the clearinghouse. Every
  596  employee who is or will become subject to fingerprint-based
  597  criminal history checks to be eligible to be licensed, have
  598  their license renewed, or meet screening or rescreening
  599  requirements by a specified agency once the specified agency
  600  participates in the clearinghouse shall be subject to the
  601  requirements of this section with respect to entry of records in
  602  the clearinghouse and retention of fingerprints for reporting
  603  the results of searching against state incoming arrest
  604  fingerprint submissions.
  605         Section 13. Section 456.0135, Florida Statutes, is created
  606  to read:
  607         456.0135 General background screening provisions.—
  608         (1) An application for initial licensure or license renewal
  609  received on or after January 1, 2013, under chapter 458, chapter
  610  459, chapter 460, chapter 461, or chapter 464, or s. 465.022
  611  shall include fingerprints pursuant to procedures established by
  612  the department through a vendor approved by the Department of
  613  Law Enforcement and fees imposed for the initial screening and
  614  retention of fingerprints. Fingerprints must be submitted
  615  electronically to the Department of Law Enforcement for state
  616  processing and the Department of Law Enforcement shall forward
  617  the fingerprints to the Federal Bureau of Investigation for
  618  national processing. Each board, or the department if there is
  619  no board, shall screen the results to determine if an applicant
  620  meets licensure requirements. For any subsequent renewal of the
  621  applicant’s license, the department shall request the Department
  622  of Law Enforcement to forward the retained fingerprints of the
  623  applicant to the Federal Bureau of Investigation for a national
  624  criminal history check.
  625         (2) All fingerprints submitted to the Department of Law
  626  Enforcement as required under subsection (1) shall be retained
  627  by the Department of Law Enforcement as provided under s.
  628  943.05(2)(g) and (h) and (3). The department shall notify the
  629  Department of Law Enforcement regarding any person whose
  630  fingerprints have been retained but who is no longer licensed.
  631         (3) The costs of fingerprint processing, including the cost
  632  for retaining fingerprints, shall be borne by the applicant
  633  subject to the background screening.
  634         Section 14. Subsection (1) of section 464.203, Florida
  635  Statutes, is amended to read:
  636         464.203 Certified nursing assistants; certification
  637  requirement.—
  638         (1) The board shall issue a certificate to practice as a
  639  certified nursing assistant to any person who demonstrates a
  640  minimum competency to read and write and successfully passes the
  641  required background screening pursuant to s. 400.215. If the
  642  person has successfully passed the required background screening
  643  pursuant to s. 400.215 or s. 408.809 within 90 days before
  644  applying for a certificate to practice and the person’s
  645  background screening results are not retained in the
  646  clearinghouse created under s. 435.12, the board shall waive the
  647  requirement that the applicant successfully pass an additional
  648  background screening pursuant to s. 400.215. The person must
  649  also meet and meets one of the following requirements:
  650         (a) Has successfully completed an approved training program
  651  and achieved a minimum score, established by rule of the board,
  652  on the nursing assistant competency examination, which consists
  653  of a written portion and skills-demonstration portion approved
  654  by the board and administered at a site and by personnel
  655  approved by the department.
  656         (b) Has achieved a minimum score, established by rule of
  657  the board, on the nursing assistant competency examination,
  658  which consists of a written portion and skills-demonstration
  659  portion, approved by the board and administered at a site and by
  660  personnel approved by the department and:
  661         1. Has a high school diploma, or its equivalent; or
  662         2. Is at least 18 years of age.
  663         (c) Is currently certified in another state; is listed on
  664  that state’s certified nursing assistant registry; and has not
  665  been found to have committed abuse, neglect, or exploitation in
  666  that state.
  667         (d) Has completed the curriculum developed by the
  668  Department of Education and achieved a minimum score,
  669  established by rule of the board, on the nursing assistant
  670  competency examination, which consists of a written portion and
  671  skills-demonstration portion, approved by the board and
  672  administered at a site and by personnel approved by the
  673  department.
  674         Section 15. Paragraph (h) of subsection (2) of section
  675  943.05, Florida Statutes, is amended to read:
  676         943.05 Criminal Justice Information Program; duties; crime
  677  reports.—
  678         (2) The program shall:
  679         (h) For each agency or qualified entity that officially
  680  requests retention of fingerprints or for which retention is
  681  otherwise required by law, search all arrest fingerprint
  682  submissions received under s. 943.051 against the fingerprints
  683  retained in the statewide automated fingerprint identification
  684  system under paragraph (g).
  685         1. Any arrest record that is identified with the retained
  686  fingerprints of a person subject to background screening as
  687  provided in paragraph (g) shall be reported to the appropriate
  688  agency or qualified entity.
  689         2. To participate in this search process, agencies or
  690  qualified entities must notify each person fingerprinted that
  691  his or her fingerprints will be retained, pay an annual fee to
  692  the department, and inform the department of any change in the
  693  affiliation, employment, or contractual status of each person
  694  whose fingerprints are retained under paragraph (g) if such
  695  change removes or eliminates the agency or qualified entity’s
  696  basis or need for receiving reports of any arrest of that
  697  person, so that the agency or qualified entity is not obligated
  698  to pay the upcoming annual fee for the retention and searching
  699  of that person’s fingerprints to the department. The department
  700  shall adopt a rule setting the amount of the annual fee to be
  701  imposed upon each participating agency or qualified entity for
  702  performing these searches and establishing the procedures for
  703  the retention of fingerprints and the dissemination of search
  704  results. The fee may be borne by the agency, qualified entity,
  705  or person subject to fingerprint retention or as otherwise
  706  provided by law. Consistent with the recognition of criminal
  707  justice agencies expressed in s. 943.053(3), these services
  708  shall be provided to criminal justice agencies for criminal
  709  justice purposes free of charge. Qualified entities that elect
  710  to participate in the fingerprint retention and search process
  711  shall timely remit the fee to the department by a payment
  712  mechanism approved by the department. If requested by the
  713  qualified entity, and with the approval of the department, such
  714  fees may be timely remitted to the department by a qualified
  715  entity upon receipt of an invoice for such fees from the
  716  department. Failure of a qualified entity to pay the amount due
  717  on a timely basis or as invoiced by the department may result in
  718  the refusal by the department to permit the qualified entity to
  719  continue to participate in the fingerprint retention and search
  720  process until all fees due and owing are paid.
  721         3. Agencies that participate in the fingerprint retention
  722  and search process may adopt rules pursuant to ss. 120.536(1)
  723  and 120.54 to require employers to keep the agency informed of
  724  any change in the affiliation, employment, or contractual status
  725  of each person whose fingerprints are retained under paragraph
  726  (g) if such change removes or eliminates the agency’s basis or
  727  need for receiving reports of any arrest of that person, so that
  728  the agency is not obligated to pay the upcoming annual fee for
  729  the retention and searching of that person’s fingerprints to the
  730  department.
  731         Section 16. Subsection (12) of section 943.053, Florida
  732  Statutes, is amended, and subsection (13) is added to that
  733  section, to read:
  734         943.053 Dissemination of criminal justice information;
  735  fees.—
  736         (12) Notwithstanding any other provision of law, when a
  737  criminal history check or a duty to disclose the absence of a
  738  criminal history check is mandated by state law, or when a
  739  privilege or benefit is conferred by state law in return for
  740  exercising an option of conducting a criminal history check, the
  741  referenced criminal history check, whether it is an initial or
  742  renewal check, shall include a Florida criminal history provided
  743  by the department as set forth in this section. Such Florida
  744  criminal history information may be provided by a private vendor
  745  only if that information is directly obtained from the
  746  department for each request. When a national criminal history
  747  check is required or authorized by state law, the national
  748  criminal history check shall be submitted by and through the
  749  department in the manner established by the department for such
  750  checks, unless otherwise required by federal law. The fee for
  751  criminal history information as established by state law or, in
  752  the case of national checks, by the Federal Government, shall be
  753  borne by the person or entity submitting the request, or as
  754  provided by law. Criminal history information provided by any
  755  other governmental entity of this state or any private entity
  756  shall not be substituted for criminal history information
  757  provided by the department when the criminal history check or a
  758  duty to disclose the absence of a criminal history check is
  759  required by statute or is made a condition of a privilege or
  760  benefit by law. When fingerprints are required or permitted to
  761  be used as a basis for identification in conducting such a
  762  criminal history check, the fingerprints must be taken by a law
  763  enforcement agency employee, a government agency employee, a
  764  qualified electronic fingerprint service provider, or a private
  765  employer. Fingerprints taken by the subject of the criminal
  766  history check may not be accepted or used for the purpose of
  767  identification in conducting the criminal history check.
  768         (13)(a) For the department to accept an electronic
  769  fingerprint submission from:
  770         1. A private vendor engaged in the business of providing
  771  electronic fingerprint submission; or
  772         2. A private entity or public agency that submits the
  773  fingerprints of its own employees, volunteers, contractors,
  774  associates, or applicants for the purpose of conducting a
  775  required or permitted criminal history background check,
  776  
  777  the vendor, entity, or agency submitting the fingerprints must
  778  enter into an agreement with the department which, at a minimum,
  779  obligates the vendor, entity, or agency to comply with certain
  780  specified standards to ensure that all persons having direct or
  781  indirect responsibility for taking, identifying, and
  782  electronically submitting fingerprints are qualified to do so
  783  and ensures the integrity and security of all personal
  784  information gathered from the persons whose fingerprints are
  785  submitted.
  786         (b) Such standards shall include, but need not be limited
  787  to, requiring that:
  788         1. All persons responsible for taking fingerprints and
  789  collecting personal identifying information from the persons
  790  being fingerprinted to meet current written state and federal
  791  guidelines for identity verification and for recording legible
  792  fingerprints;
  793         2. The department and the Federal Bureau of Investigation’s
  794  technical standards for the electronic submission of
  795  fingerprints are satisfied;
  796         3. The fingerprint images electronically submitted satisfy
  797  the department’s and the Federal Bureau of Investigation’s
  798  quality standards; and
  799         4. A person may not take his or her own fingerprints for
  800  submission to the department.
  801         (c) The requirement for entering into an agreement with the
  802  department for this purpose does not apply to criminal justice
  803  agencies as defined at s. 943.045(10).
  804         (d) The agreement with the department must require the
  805  vendor, entity, or agency to collect from the person or entity
  806  on whose behalf the fingerprints are submitted the fees
  807  prescribed by state and federal law for processing the
  808  fingerprints for a criminal history check. The agreement must
  809  provide that such fees be timely remitted to the department by a
  810  payment mechanism approved by the department. If requested by
  811  the vendor, entity, or agency, and with the approval of the
  812  department, such fees may be timely remitted to the department
  813  by a vendor, entity, or agency upon receipt of an invoice for
  814  such fees from the department. Failure of a vendor, entity, or
  815  agency to pay the amount due on a timely basis or as invoiced by
  816  the department may result in the refusal by the department to
  817  accept future fingerprint submissions until all fees due and
  818  owing are paid.
  819         Section 17. Paragraph (a) of subsection (4) of section
  820  943.0585, Florida Statutes, is amended to read:
  821         943.0585 Court-ordered expunction of criminal history
  822  records.—The courts of this state have jurisdiction over their
  823  own procedures, including the maintenance, expunction, and
  824  correction of judicial records containing criminal history
  825  information to the extent such procedures are not inconsistent
  826  with the conditions, responsibilities, and duties established by
  827  this section. Any court of competent jurisdiction may order a
  828  criminal justice agency to expunge the criminal history record
  829  of a minor or an adult who complies with the requirements of
  830  this section. The court shall not order a criminal justice
  831  agency to expunge a criminal history record until the person
  832  seeking to expunge a criminal history record has applied for and
  833  received a certificate of eligibility for expunction pursuant to
  834  subsection (2). A criminal history record that relates to a
  835  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  836  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  837  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  838  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  839  any violation specified as a predicate offense for registration
  840  as a sexual predator pursuant to s. 775.21, without regard to
  841  whether that offense alone is sufficient to require such
  842  registration, or for registration as a sexual offender pursuant
  843  to s. 943.0435, may not be expunged, without regard to whether
  844  adjudication was withheld, if the defendant was found guilty of
  845  or pled guilty or nolo contendere to the offense, or if the
  846  defendant, as a minor, was found to have committed, or pled
  847  guilty or nolo contendere to committing, the offense as a
  848  delinquent act. The court may only order expunction of a
  849  criminal history record pertaining to one arrest or one incident
  850  of alleged criminal activity, except as provided in this
  851  section. The court may, at its sole discretion, order the
  852  expunction of a criminal history record pertaining to more than
  853  one arrest if the additional arrests directly relate to the
  854  original arrest. If the court intends to order the expunction of
  855  records pertaining to such additional arrests, such intent must
  856  be specified in the order. A criminal justice agency may not
  857  expunge any record pertaining to such additional arrests if the
  858  order to expunge does not articulate the intention of the court
  859  to expunge a record pertaining to more than one arrest. This
  860  section does not prevent the court from ordering the expunction
  861  of only a portion of a criminal history record pertaining to one
  862  arrest or one incident of alleged criminal activity.
  863  Notwithstanding any law to the contrary, a criminal justice
  864  agency may comply with laws, court orders, and official requests
  865  of other jurisdictions relating to expunction, correction, or
  866  confidential handling of criminal history records or information
  867  derived therefrom. This section does not confer any right to the
  868  expunction of any criminal history record, and any request for
  869  expunction of a criminal history record may be denied at the
  870  sole discretion of the court.
  871         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  872  criminal history record of a minor or an adult which is ordered
  873  expunged by a court of competent jurisdiction pursuant to this
  874  section must be physically destroyed or obliterated by any
  875  criminal justice agency having custody of such record; except
  876  that any criminal history record in the custody of the
  877  department must be retained in all cases. A criminal history
  878  record ordered expunged that is retained by the department is
  879  confidential and exempt from the provisions of s. 119.07(1) and
  880  s. 24(a), Art. I of the State Constitution and not available to
  881  any person or entity except upon order of a court of competent
  882  jurisdiction. A criminal justice agency may retain a notation
  883  indicating compliance with an order to expunge.
  884         (a) The person who is the subject of a criminal history
  885  record that is expunged under this section or under other
  886  provisions of law, including former s. 893.14, former s. 901.33,
  887  and former s. 943.058, may lawfully deny or fail to acknowledge
  888  the arrests covered by the expunged record, except when the
  889  subject of the record:
  890         1. Is a candidate for employment with a criminal justice
  891  agency;
  892         2. Is a defendant in a criminal prosecution;
  893         3. Concurrently or subsequently petitions for relief under
  894  this section or s. 943.059;
  895         4. Is a candidate for admission to The Florida Bar;
  896         5. Is seeking to be employed or licensed by or to contract
  897  with the Department of Children and Family Services, the
  898  Division of Vocational Rehabilitation within the Department of
  899  Education, the Agency for Health Care Administration, the Agency
  900  for Persons with Disabilities, the Department of Health, the
  901  Department of Elderly Affairs, or the Department of Juvenile
  902  Justice or to be employed or used by such contractor or licensee
  903  in a sensitive position having direct contact with children, the
  904  developmentally disabled, the aged, or the elderly as provided
  905  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  906  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5),
  907  chapter 916, s. 985.644, chapter 400, or chapter 429;
  908         6. Is seeking to be employed or licensed by the Department
  909  of Education, any district school board, any university
  910  laboratory school, any charter school, any private or parochial
  911  school, or any local governmental entity that licenses child
  912  care facilities; or
  913         7. Is seeking authorization from a seaport listed in s.
  914  311.09 for employment within or access to one or more of such
  915  seaports pursuant to s. 311.12.
  916         Section 18. Paragraph (a) of subsection (4) of section
  917  943.059, Florida Statutes, is amended to read:
  918         943.059 Court-ordered sealing of criminal history records.
  919  The courts of this state shall continue to have jurisdiction
  920  over their own procedures, including the maintenance, sealing,
  921  and correction of judicial records containing criminal history
  922  information to the extent such procedures are not inconsistent
  923  with the conditions, responsibilities, and duties established by
  924  this section. Any court of competent jurisdiction may order a
  925  criminal justice agency to seal the criminal history record of a
  926  minor or an adult who complies with the requirements of this
  927  section. The court shall not order a criminal justice agency to
  928  seal a criminal history record until the person seeking to seal
  929  a criminal history record has applied for and received a
  930  certificate of eligibility for sealing pursuant to subsection
  931  (2). A criminal history record that relates to a violation of s.
  932  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  933  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  934  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  935  916.1075, a violation enumerated in s. 907.041, or any violation
  936  specified as a predicate offense for registration as a sexual
  937  predator pursuant to s. 775.21, without regard to whether that
  938  offense alone is sufficient to require such registration, or for
  939  registration as a sexual offender pursuant to s. 943.0435, may
  940  not be sealed, without regard to whether adjudication was
  941  withheld, if the defendant was found guilty of or pled guilty or
  942  nolo contendere to the offense, or if the defendant, as a minor,
  943  was found to have committed or pled guilty or nolo contendere to
  944  committing the offense as a delinquent act. The court may only
  945  order sealing of a criminal history record pertaining to one
  946  arrest or one incident of alleged criminal activity, except as
  947  provided in this section. The court may, at its sole discretion,
  948  order the sealing of a criminal history record pertaining to
  949  more than one arrest if the additional arrests directly relate
  950  to the original arrest. If the court intends to order the
  951  sealing of records pertaining to such additional arrests, such
  952  intent must be specified in the order. A criminal justice agency
  953  may not seal any record pertaining to such additional arrests if
  954  the order to seal does not articulate the intention of the court
  955  to seal records pertaining to more than one arrest. This section
  956  does not prevent the court from ordering the sealing of only a
  957  portion of a criminal history record pertaining to one arrest or
  958  one incident of alleged criminal activity. Notwithstanding any
  959  law to the contrary, a criminal justice agency may comply with
  960  laws, court orders, and official requests of other jurisdictions
  961  relating to sealing, correction, or confidential handling of
  962  criminal history records or information derived therefrom. This
  963  section does not confer any right to the sealing of any criminal
  964  history record, and any request for sealing a criminal history
  965  record may be denied at the sole discretion of the court.
  966         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  967  history record of a minor or an adult which is ordered sealed by
  968  a court of competent jurisdiction pursuant to this section is
  969  confidential and exempt from the provisions of s. 119.07(1) and
  970  s. 24(a), Art. I of the State Constitution and is available only
  971  to the person who is the subject of the record, to the subject’s
  972  attorney, to criminal justice agencies for their respective
  973  criminal justice purposes, which include conducting a criminal
  974  history background check for approval of firearms purchases or
  975  transfers as authorized by state or federal law, to judges in
  976  the state courts system for the purpose of assisting them in
  977  their case-related decisionmaking responsibilities, as set forth
  978  in s. 943.053(5), or to those entities set forth in
  979  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  980  licensing, access authorization, and employment purposes.
  981         (a) The subject of a criminal history record sealed under
  982  this section or under other provisions of law, including former
  983  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  984  deny or fail to acknowledge the arrests covered by the sealed
  985  record, except when the subject of the record:
  986         1. Is a candidate for employment with a criminal justice
  987  agency;
  988         2. Is a defendant in a criminal prosecution;
  989         3. Concurrently or subsequently petitions for relief under
  990  this section or s. 943.0585;
  991         4. Is a candidate for admission to The Florida Bar;
  992         5. Is seeking to be employed or licensed by or to contract
  993  with the Department of Children and Family Services, the
  994  Division of Vocational Rehabilitation within the Department of
  995  Education, the Agency for Health Care Administration, the Agency
  996  for Persons with Disabilities, the Department of Health, the
  997  Department of Elderly Affairs, or the Department of Juvenile
  998  Justice or to be employed or used by such contractor or licensee
  999  in a sensitive position having direct contact with children, the
 1000  developmentally disabled, the aged, or the elderly as provided
 1001  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
 1002  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), s.
 1003  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
 1004         6. Is seeking to be employed or licensed by the Department
 1005  of Education, any district school board, any university
 1006  laboratory school, any charter school, any private or parochial
 1007  school, or any local governmental entity that licenses child
 1008  care facilities;
 1009         7. Is attempting to purchase a firearm from a licensed
 1010  importer, licensed manufacturer, or licensed dealer and is
 1011  subject to a criminal history check under state or federal law;
 1012  or
 1013         8. Is seeking authorization from a Florida seaport
 1014  identified in s. 311.09 for employment within or access to one
 1015  or more of such seaports pursuant to s. 311.12.
 1016         Section 19. This act shall take effect upon becoming a law.
 1017  
 1018  ================= T I T L E A M E N D M E N T ================
 1019  And the title is amended as follows:
 1020  
 1021         Delete everything before the enacting clause
 1022  and insert:
 1023                        A bill to be entitled                      
 1024         An act relating to background screening; amending s.
 1025         394.4572, F.S.; providing that mental health personnel
 1026         working in a facility licensed under ch. 395, F.S.,
 1027         who work on an intermittent basis for less than 15
 1028         hours per week of direct, face-to-face contact with
 1029         patients are exempt from the fingerprinting and
 1030         screening requirements under certain conditions;
 1031         providing an exception; amending s. 408.809, F.S.;
 1032         providing additional conditions for a person to
 1033         satisfy screening requirements; eliminating a rule
 1034         that requires the Agency for Health Care
 1035         Administration to stagger rescreening schedules;
 1036         providing a rescreening schedule; amending s.
 1037         409.1757, F.S.; adding law enforcement officers who
 1038         have a good moral character to the list of
 1039         professionals who are not required to be
 1040         refingerprinted or rescreened; amending s. 409.221,
 1041         F.S.; revising provisions relating to background
 1042         screening for persons rendering care in the consumer
 1043         directed care program; amending s. 413.20, F.S.,
 1044         relating to general vocational rehabilitation
 1045         programs; providing a definition; amending s. 413.208,
 1046         F.S.; requiring registration of service providers;
 1047         requiring background screening and rescreening of
 1048         certain persons having contact with vulnerable
 1049         persons; providing exemptions from background
 1050         screening; providing disqualifying offenses; providing
 1051         that the cost of screening shall be borne by the
 1052         provider or the person being screened; providing
 1053         conditions for the denial of registration; providing
 1054         for notice of denial or termination; requiring
 1055         providers to remove persons who have not successfully
 1056         passed screening; providing for applicability;
 1057         amending s. 430.0402, F.S.; including a person who has
 1058         access to a client’s personal identification
 1059         information within the definition of the term “direct
 1060         service provider”; exempting certain professionals
 1061         licensed by the Department of Health, attorneys in
 1062         good standing, relatives of clients, and volunteers
 1063         who assist on an intermittent basis for less than 20
 1064         hours per month from level 2 background screening;
 1065         excepting certain licensed professionals and persons
 1066         screened as a licensure requirement from further
 1067         screening under certain circumstances; requiring
 1068         direct service providers working as of a certain date
 1069         to be screened within a specified period; providing a
 1070         phase-in for screening direct service providers;
 1071         requiring that employers of direct service providers
 1072         and certain other individuals be rescreened every 5
 1073         years unless fingerprints are retained electronically
 1074         by the Department of Law Enforcement; removing an
 1075         offense from the list of disqualifying offenses for
 1076         purposes of background screening; amending s. 435.02,
 1077         F.S.; revising and providing definitions relating to
 1078         employment screening; amending s. 435.04, F.S.;
 1079         requiring vendors who submit fingerprints on behalf of
 1080         employers to meet specified criteria; amending s.
 1081         435.06, F.S.; authorizing an employer to hire an
 1082         employee to a position that otherwise requires
 1083         background screening before the completion of the
 1084         screening process for the purpose of training the
 1085         employee; prohibiting the employee from having direct
 1086         contact with vulnerable persons until the screening
 1087         process is complete; creating s. 435.12, F.S.;
 1088         creating the Care Provider Background Screening
 1089         Clearinghouse under the Agency for Health Care
 1090         Administration, in consultation with the Department of
 1091         Law Enforcement; providing rulemaking authority;
 1092         providing for the implementation and operation of the
 1093         clearinghouse; providing for the results of certain
 1094         criminal history checks to be shared among specified
 1095         agencies; providing for retention of fingerprints;
 1096         providing for the registration of employers; providing
 1097         an exemption for certain employees who have undergone
 1098         a criminal history check before the clearinghouse is
 1099         operational; creating s. 456.0135, F.S.; requiring an
 1100         application for initial licensure or license renewal
 1101         in a profession regulated by the Department of Health
 1102         to include fingerprints submitted by an approved
 1103         vendor after a specified date; providing procedures
 1104         and conditions for retention of fingerprints;
 1105         requiring the applicant to pay the costs of
 1106         fingerprint processing; amending s. 464.203, F.S.;
 1107         requiring the Board of Nursing to waive background
 1108         screening requirements for certain certified nursing
 1109         assistants; amending s. 943.05, F.S.; providing
 1110         procedures for qualified entities participating in the
 1111         Criminal Justice Information Program that elect to
 1112         participate in the fingerprint retention and search
 1113         process; providing for the imposition of fees for
 1114         processing fingerprints; authorizing the Department of
 1115         Law Enforcement to exclude certain entities from
 1116         participation for failure to timely remit fingerprint
 1117         processing fees; amending s. 943.053, F.S.; providing
 1118         procedures for the submission of fingerprints by
 1119         private vendors, private entities, and public agencies
 1120         for certain criminal history checks; requiring the
 1121         vendor, entity, or agency to enter into an agreement
 1122         with the Department of Law Enforcement specifying
 1123         standards for electronic submission of fingerprints;
 1124         exempting specified criminal justice agencies from the
 1125         requirement for an agreement; providing procedures for
 1126         the vendor, entity, or agency to collect certain fees
 1127         and to remit those fees to the Department of Law
 1128         Enforcement; authorizing the Department of Law
 1129         Enforcement to exclude certain entities from
 1130         participation for failure to timely remit fingerprint
 1131         processing fees; amending s. 943.0585, F.S.; revising
 1132         provisions relating to the court-ordered expunction of
 1133         criminal history records; amending s. 943.059, F.S.;
 1134         revising provisions relating to the court-ordered
 1135         sealing of criminal history records; providing an
 1136         effective date.