Florida Senate - 2014 CS for CS for SB 674
By the Committees on Criminal Justice; and Health Policy; and
Senator Bean
591-03476-14 2014674c2
1 A bill to be entitled
2 An act relating to background screening; amending s.
3 322.142, F.S.; authorizing the Department of Highway
4 Safety and Motor Vehicles to share reproductions of
5 driver license images with the Department of Health
6 and the Agency for Health Care Administration for
7 specified purposes; amending s. 402.301, F.S.;
8 revising provisions relating to the exemption of
9 certain membership organizations affiliated with
10 national organizations from certain child care
11 facility licensing requirements; requiring a level 2
12 background screening for an employee of such a
13 facility under certain circumstances; amending s.
14 408.806, F.S.; revising the requirements for health
15 care licensure; revising a provision requiring an
16 affidavit; amending s. 408.809, F.S.; exempting a
17 person whose fingerprints are already enrolled in a
18 specified Federal Bureau of Investigation program from
19 the requirement that such fingerprints be forwarded to
20 the bureau; requiring certain persons to submit their
21 fingerprints electronically; requiring the Department
22 of Law Enforcement to retain fingerprints when the
23 department begins participation in a certain program;
24 revising requirements for proof of compliance with
25 level 2 screening standards; revising terminology;
26 adding additional disqualifying offenses to background
27 screening requirements; adding an exemption clause
28 from disqualification for new offenses; amending s.
29 413.208, F.S.; providing applicability for background
30 screening requirements for certain registrants;
31 repealing s. 7 of chapter 2012-73, Laws of Florida,
32 relating to background screening requirements;
33 amending s. 435.04, F.S.; revising information
34 required for vendors submitting employee fingerprints;
35 adding an additional disqualifying offense to
36 background screening requirements; amending s. 435.05,
37 F.S.; revising a provision requiring the annual
38 submission of an affidavit; amending s. 435.07, F.S.;
39 revising criteria for an exemption from
40 disqualification for an employee under certain
41 conditions; amending s. 435.12, F.S.; requiring the
42 fingerprints of an employee required to be screened by
43 a specified agency and included in the clearinghouse
44 also to be retained in the national retained print
45 arrest notification program at a specified time;
46 requiring simultaneous submission of a photographic
47 image and electronic fingerprints to the Care Provider
48 Background Screening Clearinghouse; requiring an
49 employer to follow certain criminal history check
50 procedures and include specified information regarding
51 referral and registration of an employee for
52 electronic fingerprinting with the clearinghouse;
53 providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Subsection (4) of section 322.142, Florida
58 Statutes, is amended to read:
59 322.142 Color photographic or digital imaged licenses.—
60 (4) The department may maintain a film negative or print
61 file. The department shall maintain a record of the digital
62 image and signature of the licensees, together with other data
63 required by the department for identification and retrieval.
64 Reproductions from the file or digital record are exempt from
65 the provisions of s. 119.07(1) and may shall be made and issued
66 only:
67 (a) For departmental administrative purposes;
68 (b) For the issuance of duplicate licenses;
69 (c) In response to law enforcement agency requests;
70 (d) To the Department of Business and Professional
71 Regulation and the Department of Health pursuant to an
72 interagency agreement for the purpose of accessing digital
73 images for reproduction of licenses issued by the Department of
74 Business and Professional Regulation or the Department of
75 Health;
76 (e) To the Department of State pursuant to an interagency
77 agreement to facilitate determinations of eligibility of voter
78 registration applicants and registered voters in accordance with
79 ss. 98.045 and 98.075;
80 (f) To the Department of Revenue pursuant to an interagency
81 agreement for use in establishing paternity and establishing,
82 modifying, or enforcing support obligations in Title IV-D cases;
83 (g) To the Department of Children and Families pursuant to
84 an interagency agreement to conduct protective investigations
85 under part III of chapter 39 and chapter 415;
86 (h) To the Department of Children and Families pursuant to
87 an interagency agreement specifying the number of employees in
88 each of that department’s regions to be granted access to the
89 records for use as verification of identity to expedite the
90 determination of eligibility for public assistance and for use
91 in public assistance fraud investigations;
92 (i) To the Agency for Health Care Administration pursuant
93 to an interagency agreement for the purpose of authorized
94 agencies verifying photographs in the Care Provider Background
95 Screening Clearinghouse authorized under s. 435.12;
96 (j)(i) To the Department of Financial Services pursuant to
97 an interagency agreement to facilitate the location of owners of
98 unclaimed property, the validation of unclaimed property claims,
99 and the identification of fraudulent or false claims;
100 (k)(j) To district medical examiners pursuant to an
101 interagency agreement for the purpose of identifying a deceased
102 individual, determining cause of death, and notifying next of
103 kin of any investigations, including autopsies and other
104 laboratory examinations, authorized in s. 406.11; or
105 (l)(k) To the following persons for the purpose of
106 identifying a person as part of the official work of a court:
107 1. A justice or judge of this state;
108 2. An employee of the state courts system who works in a
109 position that is designated in writing for access by the Chief
110 Justice of the Supreme Court or a chief judge of a district or
111 circuit court, or by his or her designee; or
112 3. A government employee who performs functions on behalf
113 of the state courts system in a position that is designated in
114 writing for access by the Chief Justice or a chief judge, or by
115 his or her designee.
116 Section 2. Subsection (6) of section 402.301, Florida
117 Statutes, is amended to read:
118 402.301 Child care facilities; legislative intent and
119 declaration of purpose and policy.—It is the legislative intent
120 to protect the health, safety, and well-being of the children of
121 the state and to promote their emotional and intellectual
122 development and care. Toward that end:
123 (6) Notwithstanding any other provision of law, it is
124 further the intent of the Legislature that membership
125 organizations affiliated with national organizations which do
126 not provide child care as defined in s. 402.302, whose primary
127 purpose is providing activities that contribute to the
128 development of good character, after school care, and
129 delinquency prevention programs which are operated 5 days a week
130 or more, are facility or school based or good sportsmanship or
131 to the education or cultural development of minors in this
132 state, which charge only a nominal annual membership fee, which
133 are not for profit, and which are certified by their national
134 associations as being in compliance with the association’s
135 minimum standards and procedures shall not be considered child
136 care facilities and therefore are not subject to the licensing
137 requirements or the minimum standards for child care facilities.
138 However, upon request, such a facility shall show proof of one
139 level 2 background screening per screened employee,their
140 personnel shall not be required to be screened.
141 Section 3. Subsections (1) and (8) of section 408.806,
142 Florida Statutes, are amended to read:
143 408.806 License application process.—
144 (1) An application for licensure must be made to the agency
145 on forms furnished by the agency, submitted under oath or
146 attestation, and accompanied by the appropriate fee in order to
147 be accepted and considered timely. The application must contain
148 information required by authorizing statutes and applicable
149 rules and must include:
150 (a) The name, address, and social security number, or
151 individual taxpayer identification number if a social security
152 number cannot legally be obtained, of:
153 1. The applicant;
154 2. The administrator or a similarly titled person who is
155 responsible for the day-to-day operation of the provider;
156 3. The financial officer or similarly titled person who is
157 responsible for the financial operation of the licensee or
158 provider; and
159 4. Each controlling interest if the applicant or
160 controlling interest is an individual.
161 (b) The name, address, and federal employer identification
162 number or taxpayer identification number of the applicant and
163 each controlling interest if the applicant or controlling
164 interest is not an individual.
165 (c) The name by which the provider is to be known.
166 (d) The total number of beds or capacity requested, as
167 applicable.
168 (e) The name of the person or persons under whose
169 management or supervision the provider will operate and the name
170 of the administrator, if required.
171 (f) If the applicant offers continuing care agreements as
172 defined in chapter 651, proof shall be furnished that the
173 applicant has obtained a certificate of authority as required
174 for operation under chapter 651.
175 (g) Other information, including satisfactory inspection
176 results, that the agency finds necessary to determine the
177 ability of the applicant to carry out its responsibilities under
178 this part, authorizing statutes, and applicable rules.
179 (h) An attestation affidavit, under penalty of perjury, as
180 required in s. 435.05(3), stating compliance with the provisions
181 of this section and chapter 435.
182 (8) The agency may establish procedures for the electronic
183 notification and submission of required information, including,
184 but not limited to:
185 (a) Licensure applications.
186 (b) Required signatures.
187 (c) Payment of fees.
188 (d) Notarization or attestation of applications.
189
190 Requirements for electronic submission of any documents required
191 by this part or authorizing statutes may be established by rule.
192 As an alternative to sending documents as required by
193 authorizing statutes, the agency may provide electronic access
194 to information or documents.
195 Section 4. Subsections (2) and (4) of section 408.809,
196 Florida Statutes, are amended to read:
197 408.809 Background screening; prohibited offenses.—
198 (2) Every 5 years following his or her licensure,
199 employment, or entry into a contract in a capacity that under
200 subsection (1) would require level 2 background screening under
201 chapter 435, each such person must submit to level 2 background
202 rescreening as a condition of retaining such license or
203 continuing in such employment or contractual status. For any
204 such rescreening, the agency shall request the Department of Law
205 Enforcement to forward the person’s fingerprints to the Federal
206 Bureau of Investigation for a national criminal history record
207 check unless the person’s fingerprints are enrolled in the
208 Federal Bureau of Investigation’s national retained print arrest
209 notification program. If the fingerprints of such a person are
210 not retained by the Department of Law Enforcement under s.
211 943.05(2)(g) and (h), the person must submit fingerprints
212 electronically file a complete set of fingerprints with the
213 agency and the agency shall forward the fingerprints to the
214 Department of Law Enforcement for state processing, and the
215 Department of Law Enforcement shall forward the fingerprints to
216 the Federal Bureau of Investigation for a national criminal
217 history record check. The fingerprints shall may be retained by
218 the Department of Law Enforcement under s. 943.05(2)(g) and (h)
219 and enrolled in the national retained print arrest notification
220 program when the Department of Law Enforcement begins
221 participation in the program. The cost of the state and national
222 criminal history records checks required by level 2 screening
223 may be borne by the licensee or the person fingerprinted. Until
224 a specified agency is fully implemented the person’s background
225 screening results are retained in the clearinghouse created
226 under s. 435.12, the agency may accept as satisfying the
227 requirements of this section proof of compliance with level 2
228 screening standards submitted within the previous 5 years to
229 meet any provider or professional licensure requirements of the
230 agency, the Department of Health, the Department of Elderly
231 Affairs, the Agency for Persons with Disabilities, the
232 Department of Children and Families Family Services, or the
233 Department of Financial Services for an applicant for a
234 certificate of authority or provisional certificate of authority
235 to operate a continuing care retirement community under chapter
236 651, provided that:
237 (a) The screening standards and disqualifying offenses for
238 the prior screening are equivalent to those specified in s.
239 435.04 and this section;
240 (b) The person subject to screening has not had a break in
241 service from a position that requires level 2 screening for more
242 than 90 days; and
243 (c) Such proof is accompanied, under penalty of perjury, by
244 an attestation affidavit of compliance with the provisions of
245 chapter 435 and this section using forms provided by the agency.
246 (4) In addition to the offenses listed in s. 435.04, all
247 persons required to undergo background screening pursuant to
248 this part or authorizing statutes must not have an arrest
249 awaiting final disposition for, must not have been found guilty
250 of, regardless of adjudication, or entered a plea of nolo
251 contendere or guilty to, and must not have been adjudicated
252 delinquent and the record not have been sealed or expunged for
253 any of the following offenses or any similar offense of another
254 jurisdiction:
255 (a) Any authorizing statutes, if the offense was a felony.
256 (b) This chapter, if the offense was a felony.
257 (c) Section 409.920, relating to Medicaid provider fraud.
258 (d) Section 409.9201, relating to Medicaid fraud.
259 (e) Section 741.28, relating to domestic violence.
260 (f) Section 777.04, relating to attempts, solicitation, and
261 conspiracy to commit an offense listed in this subsection.
262 (g)(f) Section 817.034, relating to fraudulent acts through
263 mail, wire, radio, electromagnetic, photoelectronic, or
264 photooptical systems.
265 (h)(g) Section 817.234, relating to false and fraudulent
266 insurance claims.
267 (i) Section 817.481, relating to obtaining goods by using a
268 false or expired credit card or other credit device, if the
269 offense was a felony.
270 (j) Section 817.50, relating to fraudulently obtaining
271 goods or services from a health care provider.
272 (k)(h) Section 817.505, relating to patient brokering.
273 (l)(i) Section 817.568, relating to criminal use of
274 personal identification information.
275 (m)(j) Section 817.60, relating to obtaining a credit card
276 through fraudulent means.
277 (n)(k) Section 817.61, relating to fraudulent use of credit
278 cards, if the offense was a felony.
279 (o)(l) Section 831.01, relating to forgery.
280 (p)(m) Section 831.02, relating to uttering forged
281 instruments.
282 (q)(n) Section 831.07, relating to forging bank bills,
283 checks, drafts, or promissory notes.
284 (r)(o) Section 831.09, relating to uttering forged bank
285 bills, checks, drafts, or promissory notes.
286 (s)(p) Section 831.30, relating to fraud in obtaining
287 medicinal drugs.
288 (t)(q) Section 831.31, relating to the sale, manufacture,
289 delivery, or possession with the intent to sell, manufacture, or
290 deliver any counterfeit controlled substance, if the offense was
291 a felony.
292 (u) Section 895.03, relating to racketeering and collection
293 of unlawful debts.
294 (v) Section 896.101, relating to the Florida Money
295 Laundering Act.
296
297 If, upon rescreening, a person who is currently employed or
298 contracted with a licensee as of June 30, 2014, and was screened
299 and qualified under ss. 435.03 and 435.04, has a disqualifying
300 offense that was not a disqualifying offense at the time of the
301 last screening, but is a current disqualifying offense and was
302 committed before the last screening, he or she may apply for an
303 exemption from the appropriate licensing agency and, if agreed
304 to by the employer, may continue to perform his or her duties
305 until the licensing agency renders a decision on the application
306 for exemption if the person is eligible to apply for an
307 exemption and the exemption request is received by the agency no
308 later than 30 days after receipt of the rescreening results by
309 the person.
310 Section 5. Subsection (5) is added to section 413.208,
311 Florida Statutes, to read:
312 413.208 Service providers; quality assurance; fitness for
313 responsibilities; background screening.—
314 (5) The background screening requirements of this section
315 apply only to registrations entered into or renewed with the
316 division after the Care Provider Background Screening
317 Clearinghouse becomes operational and retains the background
318 screening results in the clearinghouse under s. 435.12.
319 Section 6. Section 7 of chapter 2012-73, Laws of Florida,
320 is repealed.
321 Section 7. Paragraph (e) of subsection (1) of section
322 435.04, Florida Statutes, is amended, present paragraphs (d)
323 through (yy) of subsection (2) are redesignated as paragraphs
324 (e) through (zz), respectively, and a new paragraph (d) is added
325 to that subsection, to read:
326 435.04 Level 2 screening standards.—
327 (1)
328 (e) Vendors who submit fingerprints on behalf of employers
329 must:
330 1. Meet the requirements of s. 943.053; and
331 2. Have the ability to communicate electronically with the
332 state agency accepting screening results from the Department of
333 Law Enforcement and provide the applicant’s full first name,
334 middle initial, and last name; social security number or
335 individual taxpayer identification number; date of birth;
336 mailing address; sex; and race a photograph of the applicant
337 taken at the time the fingerprints are submitted.
338 (2) The security background investigations under this
339 section must ensure that no persons subject to the provisions of
340 this section have been arrested for and are awaiting final
341 disposition of, have been found guilty of, regardless of
342 adjudication, or entered a plea of nolo contendere or guilty to,
343 or have been adjudicated delinquent and the record has not been
344 sealed or expunged for, any offense prohibited under any of the
345 following provisions of state law or similar law of another
346 jurisdiction:
347 (d) Section 777.04, relating to attempts, solicitation, and
348 conspiracy to commit an offense listed in this subsection.
349 Section 8. Subsection (3) of section 435.05, Florida
350 Statutes, is amended to read:
351 435.05 Requirements for covered employees and employers.
352 Except as otherwise provided by law, the following requirements
353 apply to covered employees and employers:
354 (3) Each employer licensed or registered with an agency
355 must conduct level 2 background screening and must submit to the
356 agency annually or at the time of license renewal, under penalty
357 of perjury, a signed attestation affidavit attesting to
358 compliance with the provisions of this chapter.
359 Section 9. Subsections (1) and (2) of section 435.07,
360 Florida Statutes, are amended to read:
361 435.07 Exemptions from disqualification.—Unless otherwise
362 provided by law, the provisions of this section apply to
363 exemptions from disqualification for disqualifying offenses
364 revealed pursuant to background screenings required under this
365 chapter, regardless of whether those disqualifying offenses are
366 listed in this chapter or other laws.
367 (1)(a) The head of the appropriate agency may grant to any
368 employee otherwise disqualified from employment an exemption
369 from disqualification for:
370 1.(a) Felonies for which at least 3 years have elapsed
371 since the applicant for the exemption has completed or been
372 lawfully released from confinement, supervision, or nonmonetary
373 condition imposed by the court sanction for the disqualifying
374 felony;
375 2.(b) Misdemeanors prohibited under any of the statutes
376 cited in this chapter or under similar statutes of other
377 jurisdictions for which the applicant for the exemption has
378 completed or been lawfully released from confinement,
379 supervision, or nonmonetary condition imposed by the court
380 sanction;
381 3.(c) Offenses that were felonies when committed but that
382 are now misdemeanors and for which the applicant for the
383 exemption has completed or been lawfully released from
384 confinement, supervision, or nonmonetary condition imposed by
385 the court sanction; or
386 4.(d) Findings of delinquency. For offenses that would be
387 felonies if committed by an adult and the record has not been
388 sealed or expunged, the exemption may not be granted until at
389 least 3 years have elapsed since the applicant for the exemption
390 has completed or been lawfully released from confinement,
391 supervision, or nonmonetary condition imposed by the court
392 sanction for the disqualifying offense.
393 (b) A person applying for an exemption who was ordered to
394 pay any amount for any fee, fine, fund, lien, civil judgment,
395 application, costs of prosecution, trust, or restitution as part
396 of the judgment and sentence for any disqualifying felony or
397 misdemeanor must pay the court-ordered amount in full before he
398 or she is eligible for the exemption.
399
400 For the purposes of this subsection, the term “felonies” means
401 both felonies prohibited under any of the statutes cited in this
402 chapter or under similar statutes of other jurisdictions.
403 (2) Persons employed, or applicants for employment, by
404 treatment providers who treat adolescents 13 years of age and
405 older who are disqualified from employment solely because of
406 crimes under s. 817.563, s. 893.13, or s. 893.147 may be
407 exempted from disqualification from employment pursuant to this
408 chapter without application of the waiting period in
409 subparagraph (1)(a)1 paragraph (1)(a).
410 Section 10. Subsection (2) of section 435.12, Florida
411 Statutes, is amended to read:
412 435.12 Care Provider Background Screening Clearinghouse.—
413 (2)(a) To ensure that the information in the clearinghouse
414 is current, the fingerprints of an employee required to be
415 screened by a specified agency and included in the clearinghouse
416 must be:
417 1. Retained by the Department of Law Enforcement pursuant
418 to s. 943.05(2)(g) and (h) and (3), and the Department of Law
419 Enforcement must report the results of searching those
420 fingerprints against state incoming arrest fingerprint
421 submissions to the Agency for Health Care Administration for
422 inclusion in the clearinghouse.
423 2. Retained by the Federal Bureau of Investigation in the
424 national retained print arrest notification program as soon as
425 the Department of Law Enforcement begins participation in such
426 program. Arrest prints will be searched against retained prints
427 at the Federal Bureau of Investigation and notification of
428 arrests will be forwarded to the Florida Department of Law
429 Enforcement and reported to the Agency for Health Care
430 Administration for inclusion in the clearinghouse.
431 3.2. Resubmitted for a Federal Bureau of Investigation
432 national criminal history check every 5 years until such time as
433 the fingerprints are retained by the Federal Bureau of
434 Investigation.
435 4.3. Subject to retention on a 5-year renewal basis with
436 fees collected at the time of initial submission or resubmission
437 of fingerprints.
438 5. Submitted with a photograph of the person taken at the
439 time the fingerprints are submitted.
440 (b) Until such time as the fingerprints are enrolled in the
441 national retained print arrest notification program retained at
442 the Federal Bureau of Investigation, an employee with a break in
443 service of more than 90 days from a position that requires
444 screening by a specified agency must submit to a national
445 screening if the person returns to a position that requires
446 screening by a specified agency.
447 (c) An employer of persons subject to screening by a
448 specified agency must register with the clearinghouse and
449 maintain the employment status of all employees within the
450 clearinghouse. Initial employment status and any changes in
451 status must be reported within 10 business days.
452 (d) An employer must register with and initiate all
453 criminal history checks through the clearinghouse before
454 referring an employee or potential employee for electronic
455 fingerprint submission to the Department of Law Enforcement. The
456 registration must include the employee’s full first name, middle
457 initial, and last name; social security number; date of birth;
458 mailing address; sex; and race. Individuals, persons,
459 applicants, and controlling interests that cannot legally obtain
460 a social security number must provide an individual taxpayer
461 identification number.
462 Section 11. This act shall take effect July 1, 2014.