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