Florida Senate - 2023                                     SB 676
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00666A-23                                           2023676__
    1                        A bill to be entitled                      
    2         An act relating to background screenings; amending s.
    3         435.02, F.S.; defining the terms “affiliation” and
    4         “qualified entity”; amending s. 435.04, F.S.; revising
    5         level 2 screening requirements; amending s. 435.12,
    6         F.S.; deleting obsolete language; requiring the Care
    7         Provider Background Screening Clearinghouse to allow
    8         the results of certain screenings after a date certain
    9         to be shared among specified agencies and qualified
   10         entities; requiring qualified entities participating
   11         in the clearinghouse to meet certain requirements;
   12         conforming provisions to changes made by the act;
   13         amending s. 943.0438, F.S.; revising the definition of
   14         the term “athletic coach”; revising requirements
   15         relating to background screenings for independent
   16         sanctioning authorities; requiring independent
   17         sanctioning authorities to participate in the
   18         Volunteer and Employee Criminal History System;
   19         amending s. 943.05, F.S.; revising requirements for
   20         the Criminal Justice Information Program relating to
   21         fingerprint searches; requiring the program to develop
   22         a method for identifying or verifying an individual
   23         through automated biometrics; amending s. 943.0542,
   24         F.S.; requiring qualified entities to initiate all
   25         background criminal history checks through the
   26         clearinghouse after a date certain; requiring, rather
   27         than authorizing, the Department of Law Enforcement to
   28         periodically audit qualified entities; requiring
   29         qualified entities initiating background criminal
   30         history checks through the clearinghouse to comply
   31         with specified provisions; requiring that certain
   32         fingerprints be entered into the clearinghouse;
   33         providing requirements to the clearinghouse relating
   34         to such checks; amending s. 1012.315, F.S.; revising
   35         screening standard requirements for educator
   36         certification or employment in positions that require
   37         direct contact with certain students; amending s.
   38         1012.467, F.S.; revising criminal history check
   39         requirements for certain noninstructional contractors;
   40         reenacting ss. 39.821(1), 381.0059(1), 381.986(9),
   41         393.0655(5), 397.487(6), 397.4871(5) and (6)(b),
   42         402.62(3)(a), 408.809(2)(a), (3) and (4), 409.913(13),
   43         413.011(7), 413.208(2)(d) and (e), 430.0402(6),
   44         435.03(2), 435.07(4)(a), 456.0135(5), 464.018(1)(e),
   45         468.3101(1)(m), 744.309(3), 744.474(12), 985.04(6)(a),
   46         985.644(3)(a), 1002.36(7)(b), 1002.395(6)(b),
   47         1002.421(1)(e), (m), and (p), 1002.55(3)(d),
   48         1002.61(5), 1002.63(5), 1006.20(2)(e), 1012.321, and
   49         1012.468(2)(b), F.S., relating to qualifications of
   50         guardians ad litem, background screening requirements
   51         for school health services personnel, medical use of
   52         marijuana, screening of direct service providers,
   53         voluntary certification of recovery residences,
   54         recovery residence administrator certification, the
   55         Strong Families Tax Credit, background screening,
   56         oversight of the integrity of the Medicaid program,
   57         the Division of Blind Services and the Rehabilitation
   58         Council for the Blind, service providers, screening of
   59         direct service providers, level 1 screening standards,
   60         exemptions from disqualification, general background
   61         screening provisions, disciplinary actions,
   62         disciplinary grounds and actions, who may be appointed
   63         guardian of a resident ward, reasons for removal of
   64         guardian, records, personnel standards and
   65         investigation, the Florida School for the Deaf and the
   66         Blind, the Florida Tax Credit Scholarship Program,
   67         state school choice scholarship program accountability
   68         and oversight, school-year prekindergarten program
   69         delivered by private prekindergarten providers, summer
   70         prekindergarten program delivered by public schools
   71         and private prekindergarten providers, school-year
   72         prekindergarten program delivered by public schools,
   73         athletics in public K-12 schools, exceptions for
   74         certain instructional personnel from background
   75         screening requirements, and exceptions to certain
   76         fingerprinting and criminal history checks,
   77         respectively, to incorporate the amendment made to s.
   78         435.04, F.S., in references thereto; reenacting ss.
   79         1001.10(4)(b), 1001.42(6), 1001.51(12)(b),
   80         1002.33(12)(g), 1002.333(6)(d), 1002.421(1)(r),
   81         1012.32(1), 1012.56(10)(a) and (d), 1012.795(1), and
   82         1012.796(7)(i), F.S., relating to the Commissioner of
   83         Education, powers and duties of district school board,
   84         duties and responsibilities of district school
   85         superintendent, charter schools, persistently low
   86         performing schools, state school choice scholarship
   87         program accountability and oversight, qualifications
   88         of personnel, educator certification requirements, the
   89         Education Practices Commission, and complaints against
   90         teachers and administrators, respectively, to
   91         incorporate the amendment made to s. 1012.315, F.S.,
   92         in references thereto; reenacting s. 1012.468(2) and
   93         (3)(a), F.S., relating to exceptions to certain
   94         fingerprinting and criminal history checks, to
   95         incorporate the amendment made to s. 1012.467, F.S.,
   96         in references thereto; providing an appropriation;
   97         providing an effective date.
   98          
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Present subsections (1) through (4), (5), and
  102  (6) of section 435.02, Florida Statutes, are redesignated as
  103  subsections (2) through (5), (7), and (8), respectively, and new
  104  subsections (1) and (6) are added to that section, to read:
  105         435.02 Definitions.—For the purposes of this chapter, the
  106  term:
  107         (1) “Affiliation” means employment by or serving as a
  108  volunteer or contractor with a qualified entity in a position
  109  for which screening is not required by law but which is allowed
  110  under the National Child Protection Act.
  111         (6)“Qualified entity” has the same meaning as provided in
  112  s. 943.0542(1)(b).
  113         Section 2. Present paragraphs (bb) through (zz) of
  114  subsection (2) of section 435.04, Florida Statutes, are
  115  redesignated as paragraphs (gg) through (eee), new paragraphs
  116  (k), (m), (n), (y), and (cc) are added to that subsection, and
  117  paragraphs (a), (b), and (d) of subsection (1) and present
  118  paragraphs (k) through (aa) of subsection (2) of that section
  119  are amended, to read:
  120         435.04 Level 2 screening standards.—
  121         (1)(a) All employees required by law to be screened
  122  pursuant to this section must undergo security background
  123  investigations as a condition of employment and continued
  124  employment which includes, but need not be limited to,
  125  fingerprinting for statewide criminal history records checks
  126  through the Department of Law Enforcement, and national criminal
  127  history records checks through the Federal Bureau of
  128  Investigation and a search of criminal history records, sexual
  129  predator and sexual offender registries, and child abuse and
  130  neglect registries of any state in which the current or
  131  prospective employee resided during the preceding 5 years. Such
  132  background investigations, and may include local criminal
  133  records checks through local law enforcement agencies.
  134         (b) Fingerprints submitted pursuant to this section on or
  135  after July 1, 2012, must be submitted electronically to the
  136  Department of Law Enforcement.
  137         (d) An agency may require by rule that fingerprints
  138  submitted pursuant to this section must be submitted
  139  electronically to the Department of Law Enforcement on a date
  140  earlier than July 1, 2012.
  141         (2) The security background investigations under this
  142  section must ensure that no persons subject to the provisions of
  143  this section have been arrested for and are awaiting final
  144  disposition of, have been found guilty of, regardless of
  145  adjudication, or entered a plea of nolo contendere or guilty to,
  146  or have been adjudicated delinquent and the record has not been
  147  sealed or expunged for, any offense prohibited under any of the
  148  following provisions of state law or similar law of another
  149  jurisdiction:
  150         (k)Section 784.021, relating to aggravated assault.
  151         (l)(k) Section 784.03, relating to battery, if the victim
  152  of the offense was a minor.
  153         (m)Section 784.045, relating to aggravated battery.
  154         (n)Section 784.075, relating to battery on a detention or
  155  commitment facility staff member or juvenile probation officer.
  156         (o)(l) Section 787.01, relating to kidnapping.
  157         (p)(m) Section 787.02, relating to false imprisonment.
  158         (q)(n) Section 787.025, relating to luring or enticing a
  159  child.
  160         (r)(o) Section 787.04(2), relating to taking, enticing, or
  161  removing a child beyond the state limits with criminal intent
  162  pending custody proceedings.
  163         (s)(p) Section 787.04(3), relating to carrying a child
  164  beyond the state lines with criminal intent to avoid producing a
  165  child at a custody hearing or delivering the child to the
  166  designated person.
  167         (t)(q) Section 790.115(1), relating to exhibiting firearms
  168  or weapons within 1,000 feet of a school.
  169         (u)(r) Section 790.115(2)(b), relating to possessing an
  170  electric weapon or device, destructive device, or other weapon
  171  on school property.
  172         (v)(s) Section 794.011, relating to sexual battery.
  173         (w)(t) Former s. 794.041, relating to prohibited acts of
  174  persons in familial or custodial authority.
  175         (x)(u) Section 794.05, relating to unlawful sexual activity
  176  with certain minors.
  177         (y)Section 794.08, relating to female genital mutilation.
  178         (z)(v) Chapter 796, relating to prostitution.
  179         (aa)(w) Section 798.02, relating to lewd and lascivious
  180  behavior.
  181         (bb)(x) Chapter 800, relating to lewdness and indecent
  182  exposure.
  183         (cc)Section 800.101, relating to offenses against students
  184  by authority figures.
  185         (dd)(y) Section 806.01, relating to arson.
  186         (ee)(z) Section 810.02, relating to burglary.
  187         (ff)(aa) Section 810.14, relating to voyeurism, if the
  188  offense is a felony.
  189         Section 3. Subsections (1) and (2) of section 435.12,
  190  Florida Statutes, are amended to read:
  191         435.12 Care Provider Background Screening Clearinghouse.—
  192         (1) The Agency for Health Care Administration in
  193  consultation with the Department of Law Enforcement shall create
  194  a secure web-based system, which shall be known as the “Care
  195  Provider Background Screening Clearinghouse” or
  196  “clearinghouse.”,” and which shall be implemented to the full
  197  extent practicable no later than September 30, 2013, subject to
  198  the specified agencies being funded and equipped to participate
  199  in such program. The clearinghouse shall allow the results of
  200  criminal history checks provided to the specified agencies and,
  201  beginning January 1, 2025, or a later date established by the
  202  Agency for Health Care Administration, to qualified entities
  203  participating in the clearinghouse, for screening of persons
  204  qualified as care providers under s. 943.0542 to be shared among
  205  the specified agencies and such qualified entities when a person
  206  has applied to volunteer, be employed, be licensed, or enter
  207  into a contract that requires, or has an affiliation that allows
  208  for, a state and national fingerprint-based criminal history
  209  check. The Agency for Health Care Administration and the
  210  Department of Law Enforcement may adopt rules to create forms or
  211  implement procedures needed to carry out this section.
  212         (2)(a) To ensure that the information in the clearinghouse
  213  is current, the fingerprints of a person an employee required to
  214  be screened by a specified agency and included in the
  215  clearinghouse must be:
  216         1. Retained by the Department of Law Enforcement pursuant
  217  to s. 943.05(2)(g) and (h) and (3), and the Department of Law
  218  Enforcement must report the results of searching those
  219  fingerprints against state incoming arrest fingerprint
  220  submissions to the Agency for Health Care Administration for
  221  inclusion in the clearinghouse.
  222         2. Retained by the Federal Bureau of Investigation in the
  223  national retained print arrest notification program as soon as
  224  the Department of Law Enforcement begins participation in such
  225  program. Arrest prints will be searched against retained prints
  226  at the Federal Bureau of Investigation and notification of
  227  arrests will be forwarded to the Florida Department of Law
  228  Enforcement and reported to the Agency for Health Care
  229  Administration for inclusion in the clearinghouse.
  230         3. Resubmitted for a Federal Bureau of Investigation
  231  national criminal history check every 5 years until such time as
  232  the fingerprints are retained by the Federal Bureau of
  233  Investigation.
  234         4. Subject to retention on a 5-year renewal basis with fees
  235  collected at the time of initial submission or resubmission of
  236  fingerprints.
  237         5. Submitted with a photograph of the person taken at the
  238  time the fingerprints are submitted.
  239         (b) Until such time as the fingerprints are enrolled in the
  240  national retained print arrest notification program at the
  241  Federal Bureau of Investigation, an employee with a break in
  242  service of more than 90 days from a position that requires
  243  screening by a specified agency must submit to a national
  244  screening if the person returns to a position that requires
  245  screening by a specified agency.
  246         (c) An employer of persons subject to screening or a
  247  qualified entity participating in the clearinghouse by a
  248  specified agency must register with the clearinghouse and
  249  maintain the employment or affiliation status of all persons
  250  included in employees within the clearinghouse. Initial
  251  employment or affiliation status and any changes in status must
  252  be reported within 10 business days.
  253         (d) An employer or a qualified entity participating in the
  254  clearinghouse must register with and initiate all criminal
  255  history checks through the clearinghouse before referring an
  256  employee or potential employee or a person with a current or
  257  potential affiliation with a qualified entity participating in
  258  the clearinghouse for electronic fingerprint submission to the
  259  Department of Law Enforcement. The registration must include the
  260  employee’s full first name, middle initial, and last name;
  261  social security number; date of birth; mailing address; sex; and
  262  race. Individuals, persons, applicants, and controlling
  263  interests that cannot legally obtain a social security number
  264  must provide an individual taxpayer identification number.
  265         Section 4. Paragraph (a) of subsection (1), paragraphs (a)
  266  and (b) of subsection (2), and subsection (4) of section
  267  943.0438, Florida Statutes, are amended to read:
  268         943.0438 Athletic coaches for independent sanctioning
  269  authorities.—
  270         (1) As used in this section, the term:
  271         (a) “Athletic coach” means a person who:
  272         1. Is authorized by an independent sanctioning authority to
  273  work as a manager, coach, assistant coach, or referee for 20 or
  274  more hours within a calendar year, whether for compensation or
  275  as a volunteer, for a youth athletic team based in this state;
  276  and
  277         2. Has direct contact with one or more minors on the youth
  278  athletic team.
  279         (2) An independent sanctioning authority shall:
  280         (a)1. Conduct a level 2 1 background screening pursuant to
  281  s. 435.04 s. 435.03 of each current and prospective athletic
  282  coach. The authority may not delegate this responsibility to an
  283  individual team and may not authorize any person to act as an
  284  athletic coach unless a level 2 1 background screening has been
  285  is conducted and has does not resulted result in
  286  disqualification under paragraph (b). Level 1 background
  287  screenings shall be conducted annually for each athletic coach.
  288  For purposes of this section, a background screening shall
  289  include a search of the athletic coach’s name or other
  290  identifying information against state and federal registries of
  291  sexual predators and sexual offenders, which are available to
  292  the public on Internet sites provided by:
  293         a.The Department of Law Enforcement under s. 943.043; and
  294         b.The Attorney General of the United States under 42
  295  U.S.C. s. 16920.
  296         2.For purposes of this section, a background screening
  297  conducted by a commercial consumer reporting agency in
  298  compliance with the federal Fair Credit Reporting Act using the
  299  identifying information referenced in subparagraph 1. that
  300  includes a level 1 background screening and a search of that
  301  information against the sexual predator and sexual offender
  302  Internet sites listed in sub-subparagraphs 1.a. and b. shall be
  303  deemed to satisfy the requirements of this paragraph.
  304         (b) Disqualify any person from acting as an athletic coach
  305  as provided in s. 435.04 s. 435.03 or if he or she is identified
  306  on a registry described in paragraph (a). The authority may
  307  allow a person disqualified under this paragraph to act as an
  308  athletic coach if it determines that the person meets the
  309  requirements for an exemption from disqualification under s.
  310  435.07.
  311         (4) The Legislature encourages Independent sanctioning
  312  authorities for youth athletic teams shall to participate in the
  313  Volunteer and Employee Criminal History System, as authorized by
  314  the National Child Protection Act of 1993 and s. 943.0542.
  315         Section 5. Paragraph (h) of subsection (2) of section
  316  943.05, Florida Statutes, is amended, and paragraph (i) is added
  317  to that subsection, to read:
  318         943.05 Criminal Justice Information Program; duties; crime
  319  reports.—
  320         (2) The program shall:
  321         (h) For each specified agency under s. 435.02, each
  322  qualified entity under s. 943.0542 participating in the Care
  323  Provider Background Screening Clearinghouse under s. 435.12, or
  324  any other agency or qualified entity that officially requests
  325  retention of fingerprints or for which retention is otherwise
  326  required by law, search all arrest fingerprint submissions
  327  received under s. 943.051 against the fingerprints retained in
  328  the statewide automated biometric identification system under
  329  paragraph (g).
  330         1. Any arrest record that is identified with the retained
  331  fingerprints of a person subject to background screening as
  332  provided in paragraph (g) shall be reported to the appropriate
  333  agency or qualified entity.
  334         2. To participate in this search process, agencies or
  335  qualified entities must notify each person fingerprinted that
  336  his or her fingerprints will be retained, pay an annual fee to
  337  the department unless otherwise provided by law, and inform the
  338  department of any change in the affiliation, employment, or
  339  contractual status of each person whose fingerprints are
  340  retained under paragraph (g) if such change removes or
  341  eliminates the agency or qualified entity’s basis or need for
  342  receiving reports of any arrest of that person, so that the
  343  agency or qualified entity is not obligated to pay the upcoming
  344  annual fee for the retention and searching of that person’s
  345  fingerprints to the department. The department shall adopt a
  346  rule setting the amount of the annual fee to be imposed upon
  347  each participating agency or qualified entity for performing
  348  these searches and establishing the procedures for the retention
  349  of fingerprints and the dissemination of search results. The fee
  350  may be borne by the agency, qualified entity, or person subject
  351  to fingerprint retention or as otherwise provided by law.
  352  Consistent with the recognition of criminal justice agencies
  353  expressed in s. 943.053(3), these services shall be provided to
  354  criminal justice agencies for criminal justice purposes free of
  355  charge. Qualified entities that elect to participate in the
  356  fingerprint retention and search process are required to timely
  357  remit the fee to the department by a payment mechanism approved
  358  by the department. If requested by the qualified entity, and
  359  with the approval of the department, such fees may be timely
  360  remitted to the department by a qualified entity upon receipt of
  361  an invoice for such fees from the department. Failure of a
  362  qualified entity to pay the amount due on a timely basis or as
  363  invoiced by the department may result in the refusal by the
  364  department to permit the qualified entity to continue to
  365  participate in the fingerprint retention and search process
  366  until all fees due and owing are paid.
  367         3. Agencies that participate in the fingerprint retention
  368  and search process may adopt rules pursuant to ss. 120.536(1)
  369  and 120.54 to require employers to keep the agency informed of
  370  any change in the affiliation, employment, or contractual status
  371  of each person whose fingerprints are retained under paragraph
  372  (g) if such change removes or eliminates the agency’s basis or
  373  need for receiving reports of any arrest of that person, so that
  374  the agency is not obligated to pay the upcoming annual fee for
  375  the retention and searching of that person’s fingerprints to the
  376  department.
  377         (i)Develop, for federal approval, a method for identifying
  378  or verifying an individual through automated biometrics.
  379         Section 6. Section 943.0542, Florida Statutes, is amended
  380  to read:
  381         943.0542 Access to criminal history information provided by
  382  the department or the Care Provider Background Screening
  383  Clearinghouse to qualified entities.—
  384         (1) As used in this section, the term:
  385         (a) “Care” means the provision of care, treatment,
  386  education, training, instruction, supervision, or recreation to
  387  children, the elderly, or individuals with disabilities.
  388         (b) “Qualified entity” means a business or organization,
  389  whether public, private, operated for profit, operated not for
  390  profit, or voluntary, which provides care or care placement
  391  services, including a business or organization that licenses or
  392  certifies others to provide care or care placement services.
  393         (2)(a) A qualified entity must initiate all background
  394  criminal history checks through the department. Beginning
  395  January 1, 2025, or a later date established by the Agency for
  396  Health Care Administration, a qualified entity must initiate all
  397  background criminal history checks through the Care Provider
  398  Background Screening Clearinghouse under s. 435.12.
  399         (a)If a qualified entity initiates a background criminal
  400  history check through the department, the qualified entity must:
  401         1. Register with the department before submitting a request
  402  for screening under this section. Each such request must be
  403  voluntary and conform to the requirements established in the
  404  National Child Protection Act of 1993, as amended. As a part of
  405  the registration, the qualified entity must agree to comply with
  406  state and federal law and must so indicate by signing an
  407  agreement approved by the department. The department shall may
  408  periodically audit qualified entities to ensure compliance with
  409  federal law and this section.
  410         2.(b)A qualified entity shall Submit to the department a
  411  request for screening an employee or volunteer or person
  412  applying to be an employee or volunteer by submitting
  413  fingerprints, or the request may be submitted electronically.
  414  The qualified entity must maintain a signed waiver allowing the
  415  release of the state and national criminal history record
  416  information to the qualified entity.
  417         3.(c) Each such request must be accompanied by payment of a
  418  fee for a statewide criminal history check by the department
  419  established by s. 943.053, plus the amount currently prescribed
  420  by the Federal Bureau of Investigation for the national criminal
  421  history check in compliance with the National Child Protection
  422  Act of 1993, as amended. Payments must be made in the manner
  423  prescribed by the department by rule.
  424         4.(d) Any current or prospective employee or volunteer who
  425  is subject to a request for screening must indicate to the
  426  qualified entity submitting the request the name and address of
  427  each qualified entity that has submitted a previous request for
  428  screening regarding that employee or volunteer.
  429         (b)If a qualified entity initiates a background criminal
  430  history check through the clearinghouse, the qualified entity
  431  must comply with s. 435.12. All fingerprints received under this
  432  section must be entered into the clearinghouse as provided in s.
  433  435.12.
  434         (3) The clearinghouse or the department shall provide
  435  directly to the qualified entity the state criminal history
  436  records that are not exempt from disclosure under chapter 119 or
  437  otherwise confidential under law. A person who is the subject of
  438  a state criminal history record may challenge the record only as
  439  provided in s. 943.056.
  440         (4) The national criminal history data is available to
  441  qualified entities to use only for the purpose of screening
  442  employees and volunteers or persons applying to be an employee
  443  or volunteer with a qualified entity. The clearinghouse or the
  444  department shall provide this national criminal history record
  445  information directly to the qualified entity as authorized by
  446  the written waiver required for submission of a request to the
  447  department.
  448         (5) The determination whether the criminal history record
  449  shows that the employee or volunteer has been convicted of or is
  450  under pending indictment for any crime that bears upon the
  451  fitness of the employee or volunteer to have responsibility for
  452  the safety and well-being of children, the elderly, or disabled
  453  persons shall solely be made by the qualified entity. This
  454  section does not require the department to make such a
  455  determination on behalf of any qualified entity.
  456         (6) The qualified entity must notify in writing the person
  457  of his or her right to obtain a copy of any background screening
  458  report, including the criminal history records, if any,
  459  contained in the report, and of the person’s right to challenge
  460  the accuracy and completeness of any information contained in
  461  any such report and to obtain a determination as to the validity
  462  of such challenge before a final determination regarding the
  463  person is made by the qualified entity reviewing the criminal
  464  history information. A qualified entity that is required by law
  465  to apply screening criteria, including any right to contest or
  466  request an exemption from disqualification, shall apply such
  467  screening criteria to the state and national criminal history
  468  record information received from the department for those
  469  persons subject to the required screening.
  470         (7) The department may establish a database of registered
  471  qualified entities and make this data available free of charge
  472  to all registered qualified entities. The database must include,
  473  at a minimum, the name, address, and phone number of each
  474  qualified entity.
  475         (8) A qualified entity is not liable for damages solely for
  476  failing to obtain the information authorized under this section
  477  with respect to an employee or volunteer. The state, any
  478  political subdivision of the state, or any agency, officer, or
  479  employee of the state or a political subdivision is not liable
  480  for damages for providing the information requested under this
  481  section.
  482         (9) The department has authority to adopt rules to
  483  implement this section.
  484         Section 7. Section 1012.315, Florida Statutes, is amended
  485  to read:
  486         1012.315 Screening standards.—A person is ineligible for
  487  educator certification or employment in any position that
  488  requires direct contact with students in a district school
  489  system, a charter school, or a private school that participates
  490  in a state scholarship program under chapter 1002 if the person
  491  is on the disqualification list maintained by the department
  492  pursuant to s. 1001.10(4)(b), is registered as a sex offender as
  493  described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
  494  for an exemption under s. 435.07(4)(c), or is ineligible based
  495  on the security background investigation under s. 435.04(2) has
  496  been convicted or found guilty of, has had adjudication withheld
  497  for, or has pled guilty or nolo contendere to:
  498         (1) Any felony offense prohibited under any of the
  499  following statutes:
  500         (a) Section 393.135, relating to sexual misconduct with
  501  certain developmentally disabled clients and reporting of such
  502  sexual misconduct.
  503         (b) Section 394.4593, relating to sexual misconduct with
  504  certain mental health patients and reporting of such sexual
  505  misconduct.
  506         (c) Section 415.111, relating to adult abuse, neglect, or
  507  exploitation of aged persons or disabled adults.
  508         (d) Section 782.04, relating to murder.
  509         (e) Section 782.07, relating to manslaughter; aggravated
  510  manslaughter of an elderly person or disabled adult; aggravated
  511  manslaughter of a child; or aggravated manslaughter of an
  512  officer, a firefighter, an emergency medical technician, or a
  513  paramedic.
  514         (f) Section 784.021, relating to aggravated assault.
  515         (g) Section 784.045, relating to aggravated battery.
  516         (h) Section 784.075, relating to battery on a detention or
  517  commitment facility staff member or a juvenile probation
  518  officer.
  519         (i) Section 787.01, relating to kidnapping.
  520         (j) Section 787.02, relating to false imprisonment.
  521         (k) Section 787.025, relating to luring or enticing a
  522  child.
  523         (l) Section 787.04(2), relating to leading, taking,
  524  enticing, or removing a minor beyond the state limits, or
  525  concealing the location of a minor, with criminal intent pending
  526  custody proceedings.
  527         (m) Section 787.04(3), relating to leading, taking,
  528  enticing, or removing a minor beyond the state limits, or
  529  concealing the location of a minor, with criminal intent pending
  530  dependency proceedings or proceedings concerning alleged abuse
  531  or neglect of a minor.
  532         (n) Section 790.115(1), relating to exhibiting firearms or
  533  weapons at a school-sponsored event, on school property, or
  534  within 1,000 feet of a school.
  535         (o) Section 790.115(2)(b), relating to possessing an
  536  electric weapon or device, destructive device, or other weapon
  537  at a school-sponsored event or on school property.
  538         (p) Section 794.011, relating to sexual battery.
  539         (q) Former s. 794.041, relating to sexual activity with or
  540  solicitation of a child by a person in familial or custodial
  541  authority.
  542         (r) Section 794.05, relating to unlawful sexual activity
  543  with certain minors.
  544         (s) Section 794.08, relating to female genital mutilation.
  545         (t) Chapter 796, relating to prostitution.
  546         (u) Chapter 800, relating to lewdness and indecent
  547  exposure.
  548         (v) Section 800.101, relating to offenses against students
  549  by authority figures.
  550         (w) Section 806.01, relating to arson.
  551         (x) Section 810.14, relating to voyeurism.
  552         (y) Section 810.145, relating to video voyeurism.
  553         (z) Section 812.014(6), relating to coordinating the
  554  commission of theft in excess of $3,000.
  555         (aa) Section 812.0145, relating to theft from persons 65
  556  years of age or older.
  557         (bb) Section 812.019, relating to dealing in stolen
  558  property.
  559         (cc) Section 812.13, relating to robbery.
  560         (dd) Section 812.131, relating to robbery by sudden
  561  snatching.
  562         (ee) Section 812.133, relating to carjacking.
  563         (ff) Section 812.135, relating to home-invasion robbery.
  564         (gg) Section 817.563, relating to fraudulent sale of
  565  controlled substances.
  566         (hh) Section 825.102, relating to abuse, aggravated abuse,
  567  or neglect of an elderly person or disabled adult.
  568         (ii) Section 825.103, relating to exploitation of an
  569  elderly person or disabled adult.
  570         (jj) Section 825.1025, relating to lewd or lascivious
  571  offenses committed upon or in the presence of an elderly person
  572  or disabled person.
  573         (kk) Section 826.04, relating to incest.
  574         (ll) Section 827.03, relating to child abuse, aggravated
  575  child abuse, or neglect of a child.
  576         (mm) Section 827.04, relating to contributing to the
  577  delinquency or dependency of a child.
  578         (nn) Section 827.071, relating to sexual performance by a
  579  child.
  580         (oo) Section 843.01, relating to resisting arrest with
  581  violence.
  582         (pp) Chapter 847, relating to obscenity.
  583         (qq) Section 874.05, relating to causing, encouraging,
  584  soliciting, or recruiting another to join a criminal street
  585  gang.
  586         (rr) Chapter 893, relating to drug abuse prevention and
  587  control, if the offense was a felony of the second degree or
  588  greater severity.
  589         (ss) Section 916.1075, relating to sexual misconduct with
  590  certain forensic clients and reporting of such sexual
  591  misconduct.
  592         (tt) Section 944.47, relating to introduction, removal, or
  593  possession of contraband at a correctional facility.
  594         (uu) Section 985.701, relating to sexual misconduct in
  595  juvenile justice programs.
  596         (vv) Section 985.711, relating to introduction, removal, or
  597  possession of contraband at a juvenile detention facility or
  598  commitment program.
  599         (2) Any misdemeanor offense prohibited under any of the
  600  following statutes:
  601         (a) Section 784.03, relating to battery, if the victim of
  602  the offense was a minor.
  603         (b) Section 787.025, relating to luring or enticing a
  604  child.
  605         (3)Any criminal act committed in another state or under
  606  federal law which, if committed in this state, constitutes an
  607  offense prohibited under any statute listed in subsection (1) or
  608  subsection (2).
  609         (4)Any delinquent act committed in this state or any
  610  delinquent or criminal act committed in another state or under
  611  federal law which, if committed in this state, qualifies an
  612  individual for inclusion on the Registered Juvenile Sex Offender
  613  List under s. 943.0435(1)(h)1.d.
  614         Section 8. Subsection (2) of section 1012.467, Florida
  615  Statutes, is amended to read:
  616         1012.467 Noninstructional contractors who are permitted
  617  access to school grounds when students are present; background
  618  screening requirements.—
  619         (2)(a) A fingerprint-based criminal history check shall be
  620  performed on each noninstructional contractor who is permitted
  621  access to school grounds when students are present, whose
  622  performance of the contract with the school or school board is
  623  not anticipated to result in direct contact with students, and
  624  for whom any unanticipated contact would be infrequent and
  625  incidental using the process described in s. 1012.32(3). The
  626  results of each criminal history check shall be reported to the
  627  school district in which the individual is seeking access and
  628  entered into the shared system described in subsection (7). The
  629  school district shall screen the results using the disqualifying
  630  offenses in s. 435.04(2) paragraph (b). The cost of the criminal
  631  history check may be borne by the district school board, the
  632  school, or the contractor.
  633         (b) A noninstructional contractor for whom a criminal
  634  history check is required under this section may not have been
  635  convicted of any of the following offenses in s. 435.04(2)
  636  designated in the Florida Statutes, any similar offense in
  637  another jurisdiction, or any similar offense committed in this
  638  state which has been redesignated from a former provision of the
  639  Florida Statutes to one of the following offenses:
  640         1. Any offense listed in s. 943.0435(1)(h)1., relating to
  641  the registration of an individual as a sexual offender.
  642         2. Section 393.135, relating to sexual misconduct with
  643  certain developmentally disabled clients and the reporting of
  644  such sexual misconduct.
  645         3. Section 394.4593, relating to sexual misconduct with
  646  certain mental health patients and the reporting of such sexual
  647  misconduct.
  648         4. Section 775.30, relating to terrorism.
  649         5. Section 782.04, relating to murder.
  650         6. Section 787.01, relating to kidnapping.
  651         7. Any offense under chapter 800, relating to lewdness and
  652  indecent exposure.
  653         8. Section 826.04, relating to incest.
  654         9. Section 827.03, relating to child abuse, aggravated
  655  child abuse, or neglect of a child.
  656         Section 9. For the purpose of incorporating the amendment
  657  made by this act to section 435.04, Florida Statutes, in a
  658  reference thereto, subsection (1) of section 39.821, Florida
  659  Statutes, is reenacted to read:
  660         39.821 Qualifications of guardians ad litem.—
  661         (1) Because of the special trust or responsibility placed
  662  in a guardian ad litem, the Guardian Ad Litem Program may use
  663  any private funds collected by the program, or any state funds
  664  so designated, to conduct a security background investigation
  665  before certifying a volunteer to serve. A security background
  666  investigation must include, but need not be limited to,
  667  employment history checks, checks of references, local criminal
  668  history records checks through local law enforcement agencies,
  669  and statewide criminal history records checks through the
  670  Department of Law Enforcement. Upon request, an employer shall
  671  furnish a copy of the personnel record for the employee or
  672  former employee who is the subject of a security background
  673  investigation conducted under this section. The information
  674  contained in the personnel record may include, but need not be
  675  limited to, disciplinary matters and the reason why the employee
  676  was terminated from employment. An employer who releases a
  677  personnel record for purposes of a security background
  678  investigation is presumed to have acted in good faith and is not
  679  liable for information contained in the record without a showing
  680  that the employer maliciously falsified the record. A security
  681  background investigation conducted under this section must
  682  ensure that a person is not certified as a guardian ad litem if
  683  the person has an arrest awaiting final disposition for, been
  684  convicted of, regardless of adjudication, entered a plea of nolo
  685  contendere or guilty to, or been adjudicated delinquent and the
  686  record has not been sealed or expunged for, any offense
  687  prohibited under the provisions listed in s. 435.04. All
  688  applicants must undergo a level 2 background screening pursuant
  689  to chapter 435 before being certified to serve as a guardian ad
  690  litem. In analyzing and evaluating the information obtained in
  691  the security background investigation, the program must give
  692  particular emphasis to past activities involving children,
  693  including, but not limited to, child-related criminal offenses
  694  or child abuse. The program has sole discretion in determining
  695  whether to certify a person based on his or her security
  696  background investigation. The information collected pursuant to
  697  the security background investigation is confidential and exempt
  698  from s. 119.07(1).
  699         Section 10. For the purpose of incorporating the amendment
  700  made by this act to section 435.04, Florida Statutes, in a
  701  reference thereto, subsection (1) of section 381.0059, Florida
  702  Statutes, is reenacted to read:
  703         381.0059 Background screening requirements for school
  704  health services personnel.—
  705         (1) Pursuant to the provisions of chapter 435, any person
  706  who provides services under a school health services plan
  707  pursuant to s. 381.0056 must meet level 2 screening requirements
  708  as described in s. 435.04. A person may satisfy the requirements
  709  of this subsection by submitting proof of compliance with the
  710  requirements of level 2 screening conducted within 12 months
  711  before the date that person initially provides services under a
  712  school health services plan.
  713         Section 11. For the purpose of incorporating the amendment
  714  made by this act to section 435.04, Florida Statutes, in a
  715  reference thereto, subsection (9) of section 381.986, Florida
  716  Statutes, is reenacted to read:
  717         381.986 Medical use of marijuana.—
  718         (9) BACKGROUND SCREENING.—An individual required to undergo
  719  a background screening pursuant to this section must pass a
  720  level 2 background screening as provided under chapter 435,
  721  which, in addition to the disqualifying offenses provided in s.
  722  435.04, shall exclude an individual who has an arrest awaiting
  723  final disposition for, has been found guilty of, regardless of
  724  adjudication, or has entered a plea of nolo contendere or guilty
  725  to an offense under chapter 837, chapter 895, or chapter 896 or
  726  similar law of another jurisdiction.
  727         (a) Such individual must submit a full set of fingerprints
  728  to the department or to a vendor, entity, or agency authorized
  729  by s. 943.053(13). The department, vendor, entity, or agency
  730  shall forward the fingerprints to the Department of Law
  731  Enforcement for state processing, and the Department of Law
  732  Enforcement shall forward the fingerprints to the Federal Bureau
  733  of Investigation for national processing.
  734         (b) Fees for state and federal fingerprint processing and
  735  retention shall be borne by the individual. The state cost for
  736  fingerprint processing shall be as provided in s. 943.053(3)(e)
  737  for records provided to persons or entities other than those
  738  specified as exceptions therein.
  739         (c) Fingerprints submitted to the Department of Law
  740  Enforcement pursuant to this subsection shall be retained by the
  741  Department of Law Enforcement as provided in s. 943.05(2)(g) and
  742  (h) and, when the Department of Law Enforcement begins
  743  participation in the program, enrolled in the Federal Bureau of
  744  Investigation’s national retained print arrest notification
  745  program. Any arrest record identified shall be reported to the
  746  department.
  747         Section 12. For the purpose of incorporating the amendment
  748  made by this act to section 435.04, Florida Statutes, in a
  749  reference thereto, subsection (5) of section 393.0655, Florida
  750  Statutes, is reenacted to read:
  751         393.0655 Screening of direct service providers.—
  752         (5) DISQUALIFYING OFFENSES.—The background screening
  753  conducted under this section must ensure that, in addition to
  754  the disqualifying offenses listed in s. 435.04, no person
  755  subject to the provisions of this section has an arrest awaiting
  756  final disposition for, has been found guilty of, regardless of
  757  adjudication, or entered a plea of nolo contendere or guilty to,
  758  or has been adjudicated delinquent and the record has not been
  759  sealed or expunged for, any offense prohibited under any of the
  760  following provisions of state law or similar law of another
  761  jurisdiction:
  762         (a) Any authorizing statutes, if the offense was a felony.
  763         (b) This chapter, if the offense was a felony.
  764         (c) Section 409.920, relating to Medicaid provider fraud.
  765         (d) Section 409.9201, relating to Medicaid fraud.
  766         (e) Section 817.034, relating to fraudulent acts through
  767  mail, wire, radio, electromagnetic, photoelectronic, or
  768  photooptical systems.
  769         (f) Section 817.234, relating to false and fraudulent
  770  insurance claims.
  771         (g) Section 817.505, relating to patient brokering.
  772         (h) Section 817.568, relating to criminal use of personal
  773  identification information.
  774         (i) Section 817.60, relating to obtaining a credit card
  775  through fraudulent means.
  776         (j) Section 817.61, relating to fraudulent use of credit
  777  cards, if the offense was a felony.
  778         (k) Section 831.01, relating to forgery.
  779         (l) Section 831.02, relating to uttering forged
  780  instruments.
  781         (m) Section 831.07, relating to forging bank bills, checks,
  782  drafts, or promissory notes.
  783         (n) Section 831.09, relating to uttering forged bank bills,
  784  checks, drafts, or promissory notes.
  785         Section 13. For the purpose of incorporating the amendment
  786  made by this act to section 435.04, Florida Statutes, in a
  787  reference thereto, subsection (6) of section 397.487, Florida
  788  Statutes, is reenacted to read:
  789         397.487 Voluntary certification of recovery residences.—
  790         (6) All owners, directors, and chief financial officers of
  791  an applicant recovery residence are subject to level 2
  792  background screening as provided under s. 408.809 and chapter
  793  435. A recovery residence is ineligible for certification, and a
  794  credentialing entity shall deny a recovery residence’s
  795  application, if any owner, director, or chief financial officer
  796  has been found guilty of, or has entered a plea of guilty or
  797  nolo contendere to, regardless of adjudication, any offense
  798  listed in s. 408.809(4) or s. 435.04(2) unless the department
  799  has issued an exemption under s. 435.07. Exemptions from
  800  disqualification applicable to service provider personnel
  801  pursuant to s. 397.4073 or s. 435.07 shall apply to this
  802  subsection. In accordance with s. 435.04, the department shall
  803  notify the credentialing agency of an owner’s, director’s, or
  804  chief financial officer’s eligibility based on the results of
  805  his or her background screening.
  806         Section 14. For the purpose of incorporating the amendment
  807  made by this act to section 435.04, Florida Statutes, in a
  808  reference thereto, Subsection (5) and paragraph (b) of
  809  subsection (6) of section 397.4871, Florida Statutes, are
  810  reenacted to read:
  811         397.4871 Recovery residence administrator certification.—
  812         (5) All applicants are subject to level 2 background
  813  screening as provided under chapter 435. An applicant is
  814  ineligible, and a credentialing entity shall deny the
  815  application, if the applicant has been found guilty of, or has
  816  entered a plea of guilty or nolo contendere to, regardless of
  817  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  818  unless the department has issued an exemption under s. 435.07.
  819  Exemptions from disqualification applicable to service provider
  820  personnel pursuant to s. 397.4073 or s. 435.07 shall apply to
  821  this subsection. In accordance with s. 435.04, the department
  822  shall notify the credentialing agency of the applicant’s
  823  eligibility based on the results of his or her background
  824  screening.
  825         (6) The credentialing entity shall issue a certificate of
  826  compliance upon approval of a person’s application. The
  827  certification shall automatically terminate 1 year after
  828  issuance if not renewed.
  829         (b) If a certified recovery residence administrator of a
  830  recovery residence is arrested for or found guilty of, or enters
  831  a plea of guilty or nolo contendere to, regardless of
  832  adjudication, any offense listed in s. 435.04(2) while acting in
  833  that capacity, the recovery residence shall immediately remove
  834  the person from that position and shall notify the credentialing
  835  entity within 3 business days after such removal. The recovery
  836  residence shall have 30 days to retain a certified recovery
  837  residence administrator. The credentialing entity shall revoke
  838  the certificate of compliance of any recovery residence that
  839  fails to meet these requirements.
  840         Section 15. For the purpose of incorporating the amendment
  841  made by this act to section 435.04, Florida Statutes, in a
  842  reference thereto, paragraph (a) of subsection (3) of section
  843  402.62, Florida Statutes, is reenacted to read:
  844         402.62 Strong Families Tax Credit.—
  845         (3) RESPONSIBILITIES OF ELIGIBLE CHARITABLE ORGANIZATIONS.
  846  An eligible charitable organization that receives a contribution
  847  under this section must do all of the following:
  848         (a) Apply for admittance into the Department of Law
  849  Enforcement’s Volunteer and Employee Criminal History System
  850  and, if accepted, conduct background screening on all volunteers
  851  and staff working directly with children in any program funded
  852  under this section pursuant to s. 943.0542. Background screening
  853  shall use level 2 screening standards pursuant to s. 435.04 and
  854  additionally include, but need not be limited to, a check of the
  855  Dru Sjodin National Sex Offender Public Website.
  856         Section 16. For the purpose of incorporating the amendment
  857  made by this act to section 435.04, Florida Statutes, in a
  858  reference thereto, paragraph (a) of subsection (2) and
  859  subsections (3) and (4) of section 408.809, Florida Statutes,
  860  are reenacted to read:
  861         408.809 Background screening; prohibited offenses.—
  862         (2) Every 5 years following his or her licensure,
  863  employment, or entry into a contract in a capacity that under
  864  subsection (1) would require level 2 background screening under
  865  chapter 435, each such person must submit to level 2 background
  866  rescreening as a condition of retaining such license or
  867  continuing in such employment or contractual status. For any
  868  such rescreening, the agency shall request the Department of Law
  869  Enforcement to forward the person’s fingerprints to the Federal
  870  Bureau of Investigation for a national criminal history record
  871  check unless the person’s fingerprints are enrolled in the
  872  Federal Bureau of Investigation’s national retained print arrest
  873  notification program. If the fingerprints of such a person are
  874  not retained by the Department of Law Enforcement under s.
  875  943.05(2)(g) and (h), the person must submit fingerprints
  876  electronically to the Department of Law Enforcement for state
  877  processing, and the Department of Law Enforcement shall forward
  878  the fingerprints to the Federal Bureau of Investigation for a
  879  national criminal history record check. The fingerprints shall
  880  be retained by the Department of Law Enforcement under s.
  881  943.05(2)(g) and (h) and enrolled in the national retained print
  882  arrest notification program when the Department of Law
  883  Enforcement begins participation in the program. The cost of the
  884  state and national criminal history records checks required by
  885  level 2 screening may be borne by the licensee or the person
  886  fingerprinted. The agency may accept as satisfying the
  887  requirements of this section proof of compliance with level 2
  888  screening standards submitted within the previous 5 years to
  889  meet any provider or professional licensure requirements of the
  890  Department of Financial Services for an applicant for a
  891  certificate of authority or provisional certificate of authority
  892  to operate a continuing care retirement community under chapter
  893  651, provided that:
  894         (a) The screening standards and disqualifying offenses for
  895  the prior screening are equivalent to those specified in s.
  896  435.04 and this section;
  897         (3) All fingerprints must be provided in electronic format.
  898  Screening results shall be reviewed by the agency with respect
  899  to the offenses specified in s. 435.04 and this section, and the
  900  qualifying or disqualifying status of the person named in the
  901  request shall be maintained in a database. The qualifying or
  902  disqualifying status of the person named in the request shall be
  903  posted on a secure website for retrieval by the licensee or
  904  designated agent on the licensee’s behalf.
  905         (4) In addition to the offenses listed in s. 435.04, all
  906  persons required to undergo background screening pursuant to
  907  this part or authorizing statutes must not have an arrest
  908  awaiting final disposition for, must not have been found guilty
  909  of, regardless of adjudication, or entered a plea of nolo
  910  contendere or guilty to, and must not have been adjudicated
  911  delinquent and the record not have been sealed or expunged for
  912  any of the following offenses or any similar offense of another
  913  jurisdiction:
  914         (a) Any authorizing statutes, if the offense was a felony.
  915         (b) This chapter, if the offense was a felony.
  916         (c) Section 409.920, relating to Medicaid provider fraud.
  917         (d) Section 409.9201, relating to Medicaid fraud.
  918         (e) Section 741.28, relating to domestic violence.
  919         (f) Section 777.04, relating to attempts, solicitation, and
  920  conspiracy to commit an offense listed in this subsection.
  921         (g) Section 784.03, relating to battery, if the victim is a
  922  vulnerable adult as defined in s. 415.102 or a patient or
  923  resident of a facility licensed under chapter 395, chapter 400,
  924  or chapter 429.
  925         (h) Section 817.034, relating to fraudulent acts through
  926  mail, wire, radio, electromagnetic, photoelectronic, or
  927  photooptical systems.
  928         (i) Section 817.234, relating to false and fraudulent
  929  insurance claims.
  930         (j) Section 817.481, relating to obtaining goods by using a
  931  false or expired credit card or other credit device, if the
  932  offense was a felony.
  933         (k) Section 817.50, relating to fraudulently obtaining
  934  goods or services from a health care provider.
  935         (l) Section 817.505, relating to patient brokering.
  936         (m) Section 817.568, relating to criminal use of personal
  937  identification information.
  938         (n) Section 817.60, relating to obtaining a credit card
  939  through fraudulent means.
  940         (o) Section 817.61, relating to fraudulent use of credit
  941  cards, if the offense was a felony.
  942         (p) Section 831.01, relating to forgery.
  943         (q) Section 831.02, relating to uttering forged
  944  instruments.
  945         (r) Section 831.07, relating to forging bank bills, checks,
  946  drafts, or promissory notes.
  947         (s) Section 831.09, relating to uttering forged bank bills,
  948  checks, drafts, or promissory notes.
  949         (t) Section 831.30, relating to fraud in obtaining
  950  medicinal drugs.
  951         (u) Section 831.31, relating to the sale, manufacture,
  952  delivery, or possession with the intent to sell, manufacture, or
  953  deliver any counterfeit controlled substance, if the offense was
  954  a felony.
  955         (v) Section 895.03, relating to racketeering and collection
  956  of unlawful debts.
  957         (w) Section 896.101, relating to the Florida Money
  958  Laundering Act.
  959  
  960  If, upon rescreening, a person who is currently employed or
  961  contracted with a licensee and was screened and qualified under
  962  s. 435.04 has a disqualifying offense that was not a
  963  disqualifying offense at the time of the last screening, but is
  964  a current disqualifying offense and was committed before the
  965  last screening, he or she may apply for an exemption from the
  966  appropriate licensing agency and, if agreed to by the employer,
  967  may continue to perform his or her duties until the licensing
  968  agency renders a decision on the application for exemption if
  969  the person is eligible to apply for an exemption and the
  970  exemption request is received by the agency no later than 30
  971  days after receipt of the rescreening results by the person.
  972         Section 17. For the purpose of incorporating the amendment
  973  made by this act to section 435.04, Florida Statutes, in a
  974  reference thereto, subsection (13) of section 409.913, Florida
  975  Statutes, is reenacted to read:
  976         409.913 Oversight of the integrity of the Medicaid
  977  program.—The agency shall operate a program to oversee the
  978  activities of Florida Medicaid recipients, and providers and
  979  their representatives, to ensure that fraudulent and abusive
  980  behavior and neglect of recipients occur to the minimum extent
  981  possible, and to recover overpayments and impose sanctions as
  982  appropriate. Each January 15, the agency and the Medicaid Fraud
  983  Control Unit of the Department of Legal Affairs shall submit a
  984  report to the Legislature documenting the effectiveness of the
  985  state’s efforts to control Medicaid fraud and abuse and to
  986  recover Medicaid overpayments during the previous fiscal year.
  987  The report must describe the number of cases opened and
  988  investigated each year; the sources of the cases opened; the
  989  disposition of the cases closed each year; the amount of
  990  overpayments alleged in preliminary and final audit letters; the
  991  number and amount of fines or penalties imposed; any reductions
  992  in overpayment amounts negotiated in settlement agreements or by
  993  other means; the amount of final agency determinations of
  994  overpayments; the amount deducted from federal claiming as a
  995  result of overpayments; the amount of overpayments recovered
  996  each year; the amount of cost of investigation recovered each
  997  year; the average length of time to collect from the time the
  998  case was opened until the overpayment is paid in full; the
  999  amount determined as uncollectible and the portion of the
 1000  uncollectible amount subsequently reclaimed from the Federal
 1001  Government; the number of providers, by type, that are
 1002  terminated from participation in the Medicaid program as a
 1003  result of fraud and abuse; and all costs associated with
 1004  discovering and prosecuting cases of Medicaid overpayments and
 1005  making recoveries in such cases. The report must also document
 1006  actions taken to prevent overpayments and the number of
 1007  providers prevented from enrolling in or reenrolling in the
 1008  Medicaid program as a result of documented Medicaid fraud and
 1009  abuse and must include policy recommendations necessary to
 1010  prevent or recover overpayments and changes necessary to prevent
 1011  and detect Medicaid fraud. All policy recommendations in the
 1012  report must include a detailed fiscal analysis, including, but
 1013  not limited to, implementation costs, estimated savings to the
 1014  Medicaid program, and the return on investment. The agency must
 1015  submit the policy recommendations and fiscal analyses in the
 1016  report to the appropriate estimating conference, pursuant to s.
 1017  216.137, by February 15 of each year. The agency and the
 1018  Medicaid Fraud Control Unit of the Department of Legal Affairs
 1019  each must include detailed unit-specific performance standards,
 1020  benchmarks, and metrics in the report, including projected cost
 1021  savings to the state Medicaid program during the following
 1022  fiscal year.
 1023         (13) The agency shall terminate participation of a Medicaid
 1024  provider in the Medicaid program and may seek civil remedies or
 1025  impose other administrative sanctions against a Medicaid
 1026  provider, if the provider or any principal, officer, director,
 1027  agent, managing employee, or affiliated person of the provider,
 1028  or any partner or shareholder having an ownership interest in
 1029  the provider equal to 5 percent or greater, has been convicted
 1030  of a criminal offense under federal law or the law of any state
 1031  relating to the practice of the provider’s profession, or a
 1032  criminal offense listed under s. 408.809(4), s. 409.907(10), or
 1033  s. 435.04(2). If the agency determines that the provider did not
 1034  participate or acquiesce in the offense, termination will not be
 1035  imposed. If the agency effects a termination under this
 1036  subsection, the agency shall take final agency action.
 1037         Section 18. For the purpose of incorporating the amendment
 1038  made by this act to section 435.04, Florida Statutes, in a
 1039  reference thereto, subsection (7) of section 413.011, Florida
 1040  Statutes, is reenacted to read:
 1041         413.011 Division of Blind Services, legislative policy,
 1042  intent; internal organizational structure and powers;
 1043  Rehabilitation Council for the Blind.—
 1044         (7) EMPLOYMENT SCREENING.—The division shall require all
 1045  employees and applicants for employment to undergo personnel
 1046  screening and security background investigations as provided in
 1047  chapter 435, using the level 2 standards for screening set forth
 1048  in that chapter, as a condition of employment and continued
 1049  employment. All division employees and applicants for employment
 1050  must meet level 2 screening standards as provided in s. 435.04
 1051  prior to employment and as a condition of continued employment.
 1052         Section 19. For the purpose of incorporating the amendment
 1053  made by this act to section 435.04, Florida Statutes, in a
 1054  reference thereto, paragraphs (d) and (e) of subsection (2) of
 1055  section 413.208, Florida Statutes, are reenacted to read:
 1056         413.208 Service providers; quality assurance; fitness for
 1057  responsibilities; background screening.—
 1058         (2)
 1059         (d)1. Every 5 years following the initial screening, each
 1060  person subject to background screening under this section must
 1061  submit to level 2 background rescreening as a condition of the
 1062  service provider retaining such registration.
 1063         2. Until the person’s background screening results are
 1064  retained in the clearinghouse created under s. 435.12, the
 1065  division may accept as satisfying the requirements of this
 1066  section proof of compliance with level 2 screening standards
 1067  submitted within the previous 5 years to meet any provider or
 1068  professional licensure requirements of the Agency for Health
 1069  Care Administration, the Department of Health, the Department of
 1070  Elderly Affairs, the Agency for Persons with Disabilities, or
 1071  the Department of Children and Families, provided:
 1072         a. The screening standards and disqualifying offenses for
 1073  the prior screening are equivalent to those specified in s.
 1074  435.04 and this section;
 1075         b. The person subject to screening has not had a break in
 1076  service from a position that requires level 2 screening for more
 1077  than 90 days; and
 1078         c. Such proof is accompanied, under penalty of perjury, by
 1079  an affidavit of compliance with the provisions of chapter 435
 1080  and this section.
 1081         (e) In addition to the disqualifying offenses listed in s.
 1082  435.04, all persons subject to undergo background screening
 1083  pursuant to this section must not have an arrest awaiting final
 1084  disposition for, must not have been found guilty of, regardless
 1085  of adjudication, or entered a plea of nolo contendere or guilty
 1086  to, and must not have been adjudicated delinquent, and the
 1087  record has not been expunged for, any offense prohibited under
 1088  any of the following provisions or similar law of another
 1089  jurisdiction:
 1090         1. Section 409.920, relating to Medicaid provider fraud.
 1091         2. Section 409.9201, relating to Medicaid fraud.
 1092         3. Section 741.28, relating to domestic violence.
 1093         4. Section 817.034, relating to fraudulent acts through
 1094  mail, wire, radio, electromagnetic, photoelectronic, or
 1095  photooptical systems.
 1096         5. Section 817.234, relating to false and fraudulent
 1097  insurance claims.
 1098         6. Section 817.505, relating to patient brokering.
 1099         7. Section 817.568, relating to criminal use of personal
 1100  identification information.
 1101         8. Section 817.60, relating to obtaining a credit card
 1102  through fraudulent means.
 1103         9. Section 817.61, relating to fraudulent use of credit
 1104  cards, if the offense was a felony.
 1105         10. Section 831.01, relating to forgery.
 1106         11. Section 831.02, relating to uttering forged
 1107  instruments.
 1108         12. Section 831.07, relating to forging bank bills, checks,
 1109  drafts, or promissory notes.
 1110         13. Section 831.09, relating to uttering forged bank bills,
 1111  checks, drafts, or promissory notes.
 1112         14. Section 831.31, relating to the sale, manufacture,
 1113  delivery, or possession with the intent to sell, manufacture, or
 1114  deliver any counterfeit controlled substance, if the offense was
 1115  a felony.
 1116         Section 20. For the purpose of incorporating the amendment
 1117  made by this act to section 435.04, Florida Statutes, in a
 1118  reference thereto, subsection (6) of section 430.0402, Florida
 1119  Statutes, is reenacted to read:
 1120         430.0402 Screening of direct service providers.—
 1121         (6) The background screening conducted pursuant to this
 1122  section must ensure that, in addition to the disqualifying
 1123  offenses listed in s. 435.04, no person subject to the
 1124  provisions of this section has an arrest awaiting final
 1125  disposition for, has been found guilty of, regardless of
 1126  adjudication, or entered a plea of nolo contendere or guilty to,
 1127  or has been adjudicated delinquent and the record has not been
 1128  sealed or expunged for, any offense prohibited under any of the
 1129  following provisions of state law or similar law of another
 1130  jurisdiction:
 1131         (a) Section 409.920, relating to Medicaid provider fraud.
 1132         (b) Section 409.9201, relating to Medicaid fraud.
 1133         (c) Section 817.034, relating to fraudulent acts through
 1134  mail, wire, radio, electromagnetic, photoelectronic, or
 1135  photooptical systems.
 1136         (d) Section 817.234, relating to false and fraudulent
 1137  insurance claims.
 1138         (e) Section 817.505, relating to patient brokering.
 1139         (f) Section 817.568, relating to criminal use of personal
 1140  identification information.
 1141         (g) Section 817.60, relating to obtaining a credit card
 1142  through fraudulent means.
 1143         (h) Section 817.61, relating to fraudulent use of credit
 1144  cards, if the offense was a felony.
 1145         (i) Section 831.01, relating to forgery.
 1146         (j) Section 831.02, relating to uttering forged
 1147  instruments.
 1148         (k) Section 831.07, relating to forging bank bills, checks,
 1149  drafts, or promissory notes.
 1150         (l) Section 831.09, relating to uttering forged bank bills,
 1151  checks, drafts, or promissory notes.
 1152         Section 21. For the purpose of incorporating the amendment
 1153  made by this act to section 435.04, Florida Statutes, in a
 1154  reference thereto, subsection (2) of section 435.03, Florida
 1155  Statutes, is reenacted to read:
 1156         435.03 Level 1 screening standards.—
 1157         (2) Any person required by law to be screened pursuant to
 1158  this section must not have an arrest awaiting final disposition,
 1159  must not have been found guilty of, regardless of adjudication,
 1160  or entered a plea of nolo contendere or guilty to, and must not
 1161  have been adjudicated delinquent and the record has not been
 1162  sealed or expunged for, any offense prohibited under s.
 1163  435.04(2) or similar law of another jurisdiction.
 1164         Section 22. For the purpose of incorporating the amendment
 1165  made by this act to section 435.04, Florida Statutes, in a
 1166  reference thereto, paragraph (a) of subsection (4) of section
 1167  435.07, Florida Statutes, is reenacted to read:
 1168         435.07 Exemptions from disqualification.—Unless otherwise
 1169  provided by law, the provisions of this section apply to
 1170  exemptions from disqualification for disqualifying offenses
 1171  revealed pursuant to background screenings required under this
 1172  chapter, regardless of whether those disqualifying offenses are
 1173  listed in this chapter or other laws.
 1174         (4)(a) Disqualification from employment under this chapter
 1175  may not be removed from, nor may an exemption be granted to, any
 1176  personnel who is found guilty of, regardless of adjudication, or
 1177  who has entered a plea of nolo contendere or guilty to, any
 1178  felony covered by s. 435.03 or s. 435.04 solely by reason of any
 1179  pardon, executive clemency, or restoration of civil rights.
 1180         Section 23. For the purpose of incorporating the amendment
 1181  made by this act to section 435.04, Florida Statutes, in a
 1182  reference thereto, subsection (5) of section 456.0135, Florida
 1183  Statutes, is reenacted to read:
 1184         456.0135 General background screening provisions.—
 1185         (5) In addition to the offenses listed in s. 435.04, all
 1186  persons required to undergo background screening under this
 1187  section, other than those licensed under s. 465.022, must not
 1188  have an arrest awaiting final disposition for, must not have
 1189  been found guilty of, regardless of adjudication, or entered a
 1190  plea of nolo contendere or guilty to, and must not have been
 1191  adjudicated delinquent and the record not have been sealed or
 1192  expunged for an offense under s. 784.03 or any similar offense
 1193  of another jurisdiction relating to battery, if the victim is a
 1194  vulnerable adult as defined in s. 415.102 or a patient or
 1195  resident of a facility licensed under chapter 395, chapter 400,
 1196  or chapter 429.
 1197         Section 24. For the purpose of incorporating the amendment
 1198  made by this act to section 435.04, Florida Statutes, in a
 1199  reference thereto, paragraph (e) of subsection (1) of section
 1200  464.018, Florida Statutes, is reenacted to read:
 1201         464.018 Disciplinary actions.—
 1202         (1) The following acts constitute grounds for denial of a
 1203  license or disciplinary action, as specified in ss. 456.072(2)
 1204  and 464.0095:
 1205         (e) Having been found guilty of or entered a plea of nolo
 1206  contendere or guilty to, regardless of adjudication, any offense
 1207  prohibited under s. 435.04 or similar statute of another
 1208  jurisdiction; or having committed an act which constitutes
 1209  domestic violence as defined in s. 741.28.
 1210         Section 25. For the purpose of incorporating the amendment
 1211  made by this act to section 435.04, Florida Statutes, in a
 1212  reference thereto, paragraph (m) of subsection (1) of section
 1213  468.3101, Florida Statutes, is reenacted to read:
 1214         468.3101 Disciplinary grounds and actions.—
 1215         (1) The department may make or require to be made any
 1216  investigations, inspections, evaluations, and tests, and require
 1217  the submission of any documents and statements, which it
 1218  considers necessary to determine whether a violation of this
 1219  part has occurred. The following acts shall be grounds for
 1220  disciplinary action as set forth in this section:
 1221         (m) Having been found guilty of, regardless of
 1222  adjudication, or pleading guilty or nolo contendere to, any
 1223  offense prohibited under s. 435.04 or similar statute of another
 1224  jurisdiction.
 1225         Section 26. For the purpose of incorporating the amendment
 1226  made by this act to section 435.04, Florida Statutes, in a
 1227  reference thereto, subsection (3) of section 744.309, Florida
 1228  Statutes, is reenacted to read:
 1229         744.309 Who may be appointed guardian of a resident ward.—
 1230         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 1231  of a felony or who, from any incapacity or illness, is incapable
 1232  of discharging the duties of a guardian, or who is otherwise
 1233  unsuitable to perform the duties of a guardian, shall be
 1234  appointed to act as guardian. Further, no person who has been
 1235  judicially determined to have committed abuse, abandonment, or
 1236  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 1237  (2), and (37), or who has been found guilty of, regardless of
 1238  adjudication, or entered a plea of nolo contendere or guilty to,
 1239  any offense prohibited under s. 435.04 or similar statute of
 1240  another jurisdiction, shall be appointed to act as a guardian.
 1241  Except as provided in subsection (5) or subsection (6), a person
 1242  who provides substantial services to the proposed ward in a
 1243  professional or business capacity, or a creditor of the proposed
 1244  ward, may not be appointed guardian and retain that previous
 1245  professional or business relationship. A person may not be
 1246  appointed a guardian if he or she is in the employ of any
 1247  person, agency, government, or corporation that provides service
 1248  to the proposed ward in a professional or business capacity,
 1249  except that a person so employed may be appointed if he or she
 1250  is the spouse, adult child, parent, or sibling of the proposed
 1251  ward or the court determines that the potential conflict of
 1252  interest is insubstantial and that the appointment would clearly
 1253  be in the proposed ward’s best interest. The court may not
 1254  appoint a guardian in any other circumstance in which a conflict
 1255  of interest may occur.
 1256         Section 27. For the purpose of incorporating the amendment
 1257  made by this act to section 435.04, Florida Statutes, in a
 1258  reference thereto, subsection (12) of section 744.474, Florida
 1259  Statutes, is reenacted to read:
 1260         744.474 Reasons for removal of guardian.—A guardian may be
 1261  removed for any of the following reasons, and the removal shall
 1262  be in addition to any other penalties prescribed by law:
 1263         (12) Having been found guilty of, regardless of
 1264  adjudication, or entered a plea of nolo contendere or guilty to,
 1265  any offense prohibited under s. 435.04 or similar statute of
 1266  another jurisdiction.
 1267         Section 28. For the purpose of incorporating the amendment
 1268  made by this act to section 435.04, Florida Statutes, in a
 1269  reference thereto, paragraph (a) of subsection (6) of section
 1270  985.04, Florida Statutes, is reenacted to read:
 1271         985.04 Oaths; records; confidential information.—
 1272         (6)(a) Records maintained by the department, including
 1273  copies of records maintained by the court, which pertain to a
 1274  child found to have committed a delinquent act which, if
 1275  committed by an adult, would be a crime specified in s. 435.04
 1276  may not be destroyed under this section for 25 years after the
 1277  youth’s final referral to the department, except in cases of the
 1278  death of the child. Such records, however, shall be sealed by
 1279  the court for use only in meeting the screening requirements for
 1280  personnel in s. 402.3055 and the other sections cited above, or
 1281  under departmental rule; however, current criminal history
 1282  information must be obtained from the Department of Law
 1283  Enforcement in accordance with s. 943.053. The information shall
 1284  be released to those persons specified in the above cited
 1285  sections for the purposes of complying with those sections. The
 1286  court may punish by contempt any person who releases or uses the
 1287  records for any unauthorized purpose.
 1288         Section 29. For the purpose of incorporating the amendment
 1289  made by this act to section 435.04, Florida Statutes, in a
 1290  reference thereto, paragraph (a) of subsection (3) of section
 1291  985.644, Florida Statutes, is reenacted to read:
 1292         985.644 Departmental contracting powers; personnel
 1293  standards and investigation.—
 1294         (3)(a) All employees of the department and all personnel of
 1295  contract providers for any program for children, including all
 1296  owners, operators, employees, persons who have access to
 1297  confidential juvenile records, and volunteers, must complete:
 1298         1. A level 2 employment screening pursuant to chapter 435
 1299  before employment. The security background investigation
 1300  conducted under this section must ensure that, in addition to
 1301  the disqualifying offenses listed in s. 435.04, no person
 1302  subject to the background screening provisions of this section
 1303  has an arrest awaiting final disposition for, been found guilty
 1304  of, regardless of adjudication, or entered a plea of nolo
 1305  contendere or guilty to, or been adjudicated delinquent and the
 1306  record has not been sealed or expunged for, any offense
 1307  prohibited under the following provisions of state law or
 1308  similar laws of another jurisdiction:
 1309         a. Section 784.07, relating to assault or battery of law
 1310  enforcement officers, firefighters, emergency medical care
 1311  providers, public transit employees or agents, or other
 1312  specified officers.
 1313         b. Section 817.568, relating to criminal use of personal
 1314  identification information.
 1315         2. A national criminal records check by the Federal Bureau
 1316  of Investigation every 5 years following the date of the
 1317  person’s employment.
 1318         Section 30. For the purpose of incorporating the amendment
 1319  made by this act to section 435.04, Florida Statutes, in a
 1320  reference thereto, paragraph (b) of subsection (7) of section
 1321  1002.36, Florida Statutes, is reenacted to read:
 1322         1002.36 Florida School for the Deaf and the Blind.—
 1323         (7) PERSONNEL SCREENING.—
 1324         (b) As a prerequisite for initial and continuing employment
 1325  at the Florida School for the Deaf and the Blind:
 1326         1. The applicant or employee shall submit to the Florida
 1327  School for the Deaf and the Blind a complete set of fingerprints
 1328  taken by an authorized law enforcement agency or an employee of
 1329  the Florida School for the Deaf and the Blind who is trained to
 1330  take fingerprints. The Florida School for the Deaf and the Blind
 1331  shall submit the fingerprints to the Department of Law
 1332  Enforcement for state processing and the Federal Bureau of
 1333  Investigation for federal processing.
 1334         2.a. The applicant or employee shall attest to the minimum
 1335  standards for good moral character as contained in chapter 435,
 1336  using the level 2 standards set forth in that chapter under
 1337  penalty of perjury.
 1338         b. New personnel shall be on a probationary status pending
 1339  a determination of compliance with such minimum standards for
 1340  good moral character. This paragraph is in addition to any
 1341  probationary status provided for by Florida law or Florida
 1342  School for the Deaf and the Blind rules or collective bargaining
 1343  contracts.
 1344         3. The Florida School for the Deaf and the Blind shall
 1345  review the record of the applicant or employee with respect to
 1346  the crimes contained in s. 435.04 and shall notify the applicant
 1347  or employee of its findings. When disposition information is
 1348  missing on a criminal record, it shall be the responsibility of
 1349  the applicant or employee, upon request of the Florida School
 1350  for the Deaf and the Blind, to obtain and supply within 30 days
 1351  the missing disposition information to the Florida School for
 1352  the Deaf and the Blind. Failure to supply missing information
 1353  within 30 days or to show reasonable efforts to obtain such
 1354  information shall result in automatic disqualification of an
 1355  applicant and automatic termination of an employee.
 1356         4. After an initial personnel screening and security
 1357  background investigation, written notification shall be given to
 1358  the affected employee within a reasonable time prior to any
 1359  subsequent screening and investigation.
 1360         Section 31. For the purpose of incorporating the amendment
 1361  made by this act to section 435.04, Florida Statutes, in a
 1362  reference thereto, paragraph (b) of subsection (6) of section
 1363  1002.395, Florida Statutes, is reenacted to read:
 1364         1002.395 Florida Tax Credit Scholarship Program.—
 1365         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1366  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1367  organization:
 1368         (b) Must comply with the following background check
 1369  requirements:
 1370         1. All owners and operators as defined in subparagraph
 1371  (2)(i)1. are, before employment or engagement to provide
 1372  services, subject to level 2 background screening as provided
 1373  under chapter 435. The fingerprints for the background screening
 1374  must be electronically submitted to the Department of Law
 1375  Enforcement and can be taken by an authorized law enforcement
 1376  agency or by an employee of the eligible nonprofit scholarship
 1377  funding organization or a private company who is trained to take
 1378  fingerprints. However, the complete set of fingerprints of an
 1379  owner or operator may not be taken by the owner or operator. The
 1380  results of the state and national criminal history check shall
 1381  be provided to the Department of Education for screening under
 1382  chapter 435. The cost of the background screening may be borne
 1383  by the eligible nonprofit scholarship-funding organization or
 1384  the owner or operator.
 1385         2. Every 5 years following employment or engagement to
 1386  provide services or association with an eligible nonprofit
 1387  scholarship-funding organization, each owner or operator must
 1388  meet level 2 screening standards as described in s. 435.04, at
 1389  which time the nonprofit scholarship-funding organization shall
 1390  request the Department of Law Enforcement to forward the
 1391  fingerprints to the Federal Bureau of Investigation for level 2
 1392  screening. If the fingerprints of an owner or operator are not
 1393  retained by the Department of Law Enforcement under subparagraph
 1394  3., the owner or operator must electronically file a complete
 1395  set of fingerprints with the Department of Law Enforcement. Upon
 1396  submission of fingerprints for this purpose, the eligible
 1397  nonprofit scholarship-funding organization shall request that
 1398  the Department of Law Enforcement forward the fingerprints to
 1399  the Federal Bureau of Investigation for level 2 screening, and
 1400  the fingerprints shall be retained by the Department of Law
 1401  Enforcement under subparagraph 3.
 1402         3. Fingerprints submitted to the Department of Law
 1403  Enforcement as required by this paragraph must be retained by
 1404  the Department of Law Enforcement in a manner approved by rule
 1405  and entered in the statewide automated biometric identification
 1406  system authorized by s. 943.05(2)(b). The fingerprints must
 1407  thereafter be available for all purposes and uses authorized for
 1408  arrest fingerprints entered in the statewide automated biometric
 1409  identification system pursuant to s. 943.051.
 1410         4. The Department of Law Enforcement shall search all
 1411  arrest fingerprints received under s. 943.051 against the
 1412  fingerprints retained in the statewide automated biometric
 1413  identification system under subparagraph 3. Any arrest record
 1414  that is identified with an owner’s or operator’s fingerprints
 1415  must be reported to the Department of Education. The Department
 1416  of Education shall participate in this search process by paying
 1417  an annual fee to the Department of Law Enforcement and by
 1418  informing the Department of Law Enforcement of any change in the
 1419  employment, engagement, or association status of the owners or
 1420  operators whose fingerprints are retained under subparagraph 3.
 1421  The Department of Law Enforcement shall adopt a rule setting the
 1422  amount of the annual fee to be imposed upon the Department of
 1423  Education for performing these services and establishing the
 1424  procedures for the retention of owner and operator fingerprints
 1425  and the dissemination of search results. The fee may be borne by
 1426  the owner or operator of the nonprofit scholarship-funding
 1427  organization.
 1428         5. A nonprofit scholarship-funding organization whose owner
 1429  or operator fails the level 2 background screening is not
 1430  eligible to provide scholarships under this section.
 1431         6. A nonprofit scholarship-funding organization whose owner
 1432  or operator in the last 7 years has filed for personal
 1433  bankruptcy or corporate bankruptcy in a corporation of which he
 1434  or she owned more than 20 percent shall not be eligible to
 1435  provide scholarships under this section.
 1436         7. In addition to the offenses listed in s. 435.04, a
 1437  person required to undergo background screening pursuant to this
 1438  part or authorizing statutes must not have an arrest awaiting
 1439  final disposition for, must not have been found guilty of, or
 1440  entered a plea of nolo contendere to, regardless of
 1441  adjudication, and must not have been adjudicated delinquent, and
 1442  the record must not have been sealed or expunged for, any of the
 1443  following offenses or any similar offense of another
 1444  jurisdiction:
 1445         a. Any authorizing statutes, if the offense was a felony.
 1446         b. This chapter, if the offense was a felony.
 1447         c. Section 409.920, relating to Medicaid provider fraud.
 1448         d. Section 409.9201, relating to Medicaid fraud.
 1449         e. Section 741.28, relating to domestic violence.
 1450         f. Section 817.034, relating to fraudulent acts through
 1451  mail, wire, radio, electromagnetic, photoelectronic, or
 1452  photooptical systems.
 1453         g. Section 817.234, relating to false and fraudulent
 1454  insurance claims.
 1455         h. Section 817.505, relating to patient brokering.
 1456         i. Section 817.568, relating to criminal use of personal
 1457  identification information.
 1458         j. Section 817.60, relating to obtaining a credit card
 1459  through fraudulent means.
 1460         k. Section 817.61, relating to fraudulent use of credit
 1461  cards, if the offense was a felony.
 1462         l. Section 831.01, relating to forgery.
 1463         m. Section 831.02, relating to uttering forged instruments.
 1464         n. Section 831.07, relating to forging bank bills, checks,
 1465  drafts, or promissory notes.
 1466         o. Section 831.09, relating to uttering forged bank bills,
 1467  checks, drafts, or promissory notes.
 1468         p. Section 831.30, relating to fraud in obtaining medicinal
 1469  drugs.
 1470         q. Section 831.31, relating to the sale, manufacture,
 1471  delivery, or possession with the intent to sell, manufacture, or
 1472  deliver any counterfeit controlled substance, if the offense was
 1473  a felony.
 1474  
 1475  Information and documentation provided to the Department of
 1476  Education and the Auditor General relating to the identity of a
 1477  taxpayer that provides an eligible contribution under this
 1478  section shall remain confidential at all times in accordance
 1479  with s. 213.053.
 1480         Section 32. For the purpose of incorporating the amendment
 1481  made by this act to section 435.04, Florida Statutes, in a
 1482  reference thereto, paragraphs (e), (m), and (p) of subsection
 1483  (1) of section 1002.421, Florida Statutes, are reenacted to
 1484  read:
 1485         1002.421 State school choice scholarship program
 1486  accountability and oversight.—
 1487         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
 1488  school participating in an educational scholarship program
 1489  established pursuant to this chapter must be a private school as
 1490  defined in s. 1002.01(2) in this state, be registered, and be in
 1491  compliance with all requirements of this section in addition to
 1492  private school requirements outlined in s. 1002.42, specific
 1493  requirements identified within respective scholarship program
 1494  laws, and other provisions of Florida law that apply to private
 1495  schools, and must:
 1496         (e) Annually complete and submit to the department a
 1497  notarized scholarship compliance statement certifying that all
 1498  school employees and contracted personnel with direct student
 1499  contact have undergone background screening pursuant to s.
 1500  435.12 and have met the screening standards as provided in s.
 1501  435.04.
 1502         (m) Require each employee and contracted personnel with
 1503  direct student contact, upon employment or engagement to provide
 1504  services, to undergo a state and national background screening,
 1505  pursuant to s. 943.0542, by electronically filing with the
 1506  Department of Law Enforcement a complete set of fingerprints
 1507  taken by an authorized law enforcement agency or an employee of
 1508  the private school, a school district, or a private company who
 1509  is trained to take fingerprints and deny employment to or
 1510  terminate an employee if he or she fails to meet the screening
 1511  standards under s. 435.04. Results of the screening shall be
 1512  provided to the participating private school. For purposes of
 1513  this paragraph:
 1514         1. An “employee or contracted personnel with direct student
 1515  contact” means any employee or contracted personnel who has
 1516  unsupervised access to a scholarship student for whom the
 1517  private school is responsible.
 1518         2. The costs of fingerprinting and the background check
 1519  shall not be borne by the state.
 1520         3. Continued employment of an employee or contracted
 1521  personnel after notification that he or she has failed the
 1522  background screening under this paragraph shall cause a private
 1523  school to be ineligible for participation in a scholarship
 1524  program.
 1525         4. An employee or contracted personnel holding a valid
 1526  Florida teaching certificate who has been fingerprinted pursuant
 1527  to s. 1012.32 is not required to comply with the provisions of
 1528  this paragraph.
 1529         5. All fingerprints submitted to the Department of Law
 1530  Enforcement as required by this section shall be retained by the
 1531  Department of Law Enforcement in a manner provided by rule and
 1532  entered in the statewide automated biometric identification
 1533  system authorized by s. 943.05(2)(b). Such fingerprints shall
 1534  thereafter be available for all purposes and uses authorized for
 1535  arrest fingerprints entered in the statewide automated biometric
 1536  identification system pursuant to s. 943.051.
 1537         6. The Department of Law Enforcement shall search all
 1538  arrest fingerprints received under s. 943.051 against the
 1539  fingerprints retained in the statewide automated biometric
 1540  identification system under subparagraph 5. Any arrest record
 1541  that is identified with the retained fingerprints of a person
 1542  subject to the background screening under this section shall be
 1543  reported to the employing school with which the person is
 1544  affiliated. Each private school participating in a scholarship
 1545  program is required to participate in this search process by
 1546  informing the Department of Law Enforcement of any change in the
 1547  employment or contractual status of its personnel whose
 1548  fingerprints are retained under subparagraph 5. The Department
 1549  of Law Enforcement shall adopt a rule setting the amount of the
 1550  annual fee to be imposed upon each private school for performing
 1551  these searches and establishing the procedures for the retention
 1552  of private school employee and contracted personnel fingerprints
 1553  and the dissemination of search results. The fee may be borne by
 1554  the private school or the person fingerprinted.
 1555         7. Employees and contracted personnel whose fingerprints
 1556  are not retained by the Department of Law Enforcement under
 1557  subparagraphs 5. and 6. are required to be refingerprinted and
 1558  must meet state and national background screening requirements
 1559  upon reemployment or reengagement to provide services in order
 1560  to comply with the requirements of this section.
 1561         8. Every 5 years following employment or engagement to
 1562  provide services with a private school, employees or contracted
 1563  personnel required to be screened under this section must meet
 1564  screening standards under s. 435.04, at which time the private
 1565  school shall request the Department of Law Enforcement to
 1566  forward the fingerprints to the Federal Bureau of Investigation
 1567  for national processing. If the fingerprints of employees or
 1568  contracted personnel are not retained by the Department of Law
 1569  Enforcement under subparagraph 5., employees and contracted
 1570  personnel must electronically file a complete set of
 1571  fingerprints with the Department of Law Enforcement. Upon
 1572  submission of fingerprints for this purpose, the private school
 1573  shall request that the Department of Law Enforcement forward the
 1574  fingerprints to the Federal Bureau of Investigation for national
 1575  processing, and the fingerprints shall be retained by the
 1576  Department of Law Enforcement under subparagraph 5.
 1577         (p) Require each owner or operator of the private school,
 1578  prior to employment or engagement to provide services, to
 1579  undergo level 2 background screening as provided under chapter
 1580  435. For purposes of this paragraph, the term “owner or
 1581  operator” means an owner, operator, superintendent, or principal
 1582  of, or a person with equivalent decisionmaking authority over, a
 1583  private school participating in a scholarship program
 1584  established pursuant to this chapter. The fingerprints for the
 1585  background screening must be electronically submitted to the
 1586  Department of Law Enforcement and may be taken by an authorized
 1587  law enforcement agency or a private company who is trained to
 1588  take fingerprints. However, the complete set of fingerprints of
 1589  an owner or operator may not be taken by the owner or operator.
 1590  The owner or operator shall provide a copy of the results of the
 1591  state and national criminal history check to the Department of
 1592  Education. The cost of the background screening may be borne by
 1593  the owner or operator.
 1594         1. Every 5 years following employment or engagement to
 1595  provide services, each owner or operator must meet level 2
 1596  screening standards as described in s. 435.04, at which time the
 1597  owner or operator shall request the Department of Law
 1598  Enforcement to forward the fingerprints to the Federal Bureau of
 1599  Investigation for level 2 screening. If the fingerprints of an
 1600  owner or operator are not retained by the Department of Law
 1601  Enforcement under subparagraph 2., the owner or operator must
 1602  electronically file a complete set of fingerprints with the
 1603  Department of Law Enforcement. Upon submission of fingerprints
 1604  for this purpose, the owner or operator shall request that the
 1605  Department of Law Enforcement forward the fingerprints to the
 1606  Federal Bureau of Investigation for level 2 screening, and the
 1607  fingerprints shall be retained by the Department of Law
 1608  Enforcement under subparagraph 2.
 1609         2. Fingerprints submitted to the Department of Law
 1610  Enforcement as required by this paragraph must be retained by
 1611  the Department of Law Enforcement in a manner approved by rule
 1612  and entered in the statewide automated biometric identification
 1613  system authorized by s. 943.05(2)(b). The fingerprints must
 1614  thereafter be available for all purposes and uses authorized for
 1615  arrest fingerprints entered in the statewide automated biometric
 1616  identification system pursuant to s. 943.051.
 1617         3. The Department of Law Enforcement shall search all
 1618  arrest fingerprints received under s. 943.051 against the
 1619  fingerprints retained in the statewide automated biometric
 1620  identification system under subparagraph 2. Any arrest record
 1621  that is identified with an owner’s or operator’s fingerprints
 1622  must be reported to the owner or operator, who must report to
 1623  the Department of Education. Any costs associated with the
 1624  search shall be borne by the owner or operator.
 1625         4. An owner or operator who fails the level 2 background
 1626  screening is not eligible to participate in a scholarship
 1627  program under this chapter.
 1628         5. In addition to the offenses listed in s. 435.04, a
 1629  person required to undergo background screening pursuant to this
 1630  part or authorizing statutes may not have an arrest awaiting
 1631  final disposition for, must not have been found guilty of, or
 1632  entered a plea of nolo contendere to, regardless of
 1633  adjudication, and must not have been adjudicated delinquent for,
 1634  and the record must not have been sealed or expunged for, any of
 1635  the following offenses or any similar offense of another
 1636  jurisdiction:
 1637         a. Any authorizing statutes, if the offense was a felony.
 1638         b. This chapter, if the offense was a felony.
 1639         c. Section 409.920, relating to Medicaid provider fraud.
 1640         d. Section 409.9201, relating to Medicaid fraud.
 1641         e. Section 741.28, relating to domestic violence.
 1642         f. Section 817.034, relating to fraudulent acts through
 1643  mail, wire, radio, electromagnetic, photoelectronic, or
 1644  photooptical systems.
 1645         g. Section 817.234, relating to false and fraudulent
 1646  insurance claims.
 1647         h. Section 817.505, relating to patient brokering.
 1648         i. Section 817.568, relating to criminal use of personal
 1649  identification information.
 1650         j. Section 817.60, relating to obtaining a credit card
 1651  through fraudulent means.
 1652         k. Section 817.61, relating to fraudulent use of credit
 1653  cards, if the offense was a felony.
 1654         l. Section 831.01, relating to forgery.
 1655         m. Section 831.02, relating to uttering forged instruments.
 1656         n. Section 831.07, relating to forging bank bills, checks,
 1657  drafts, or promissory notes.
 1658         o. Section 831.09, relating to uttering forged bank bills,
 1659  checks, drafts, or promissory notes.
 1660         p. Section 831.30, relating to fraud in obtaining medicinal
 1661  drugs.
 1662         q. Section 831.31, relating to the sale, manufacture,
 1663  delivery, or possession with the intent to sell, manufacture, or
 1664  deliver any counterfeit controlled substance, if the offense was
 1665  a felony.
 1666         6. At least 30 calendar days before a transfer of ownership
 1667  of a private school, the owner or operator shall notify the
 1668  parent of each scholarship student.
 1669         7. The owner or operator of a private school that has been
 1670  deemed ineligible to participate in a scholarship program
 1671  pursuant to this chapter may not transfer ownership or
 1672  management authority of the school to a relative in order to
 1673  participate in a scholarship program as the same school or a new
 1674  school. For purposes of this subparagraph, the term “relative”
 1675  means father, mother, son, daughter, grandfather, grandmother,
 1676  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
 1677  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
 1678  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
 1679  stepdaughter, stepbrother, stepsister, half-brother, or half
 1680  sister.
 1681  
 1682  The department shall suspend the payment of funds to a private
 1683  school that knowingly fails to comply with this subsection, and
 1684  shall prohibit the school from enrolling new scholarship
 1685  students, for 1 fiscal year and until the school complies. If a
 1686  private school fails to meet the requirements of this subsection
 1687  or has consecutive years of material exceptions listed in the
 1688  report required under paragraph (q), the commissioner may
 1689  determine that the private school is ineligible to participate
 1690  in a scholarship program.
 1691         Section 33. For the purpose of incorporating the amendment
 1692  made by this act to section 435.04, Florida Statutes, in a
 1693  reference thereto, paragraph (d) of subsection (3) of section
 1694  1002.55, Florida Statutes, is reenacted to read:
 1695         1002.55 School-year prekindergarten program delivered by
 1696  private prekindergarten providers.—
 1697         (3) To be eligible to deliver the prekindergarten program,
 1698  a private prekindergarten provider must meet each of the
 1699  following requirements:
 1700         (d) Each prekindergarten instructor employed by the private
 1701  prekindergarten provider must be of good moral character, must
 1702  be screened using the level 2 screening standards in s. 435.04
 1703  before employment and rescreened at least once every 5 years,
 1704  must be denied employment or terminated if required under s.
 1705  435.06, and must not be ineligible to teach in a public school
 1706  because his or her educator certificate is suspended or revoked.
 1707         Section 34. For the purpose of incorporating the amendment
 1708  made by this act to section 435.04, Florida Statutes, in a
 1709  reference thereto, subsection (5) of section 1002.61, Florida
 1710  Statutes, is reenacted to read:
 1711         1002.61 Summer prekindergarten program delivered by public
 1712  schools and private prekindergarten providers.—
 1713         (5) Each prekindergarten instructor employed by a public
 1714  school or private prekindergarten provider delivering the summer
 1715  prekindergarten program must be of good moral character, must be
 1716  screened using the level 2 screening standards in s. 435.04
 1717  before employment and rescreened at least once every 5 years,
 1718  must be denied employment or terminated if required under s.
 1719  435.06, and must not be ineligible to teach in a public school
 1720  because his or her educator certificate is suspended or revoked.
 1721  This subsection does not supersede employment requirements for
 1722  instructional personnel in public schools which are more
 1723  stringent than the requirements of this subsection.
 1724         Section 35. For the purpose of incorporating the amendment
 1725  made by this act to section 435.04, Florida Statutes, in a
 1726  reference thereto, subsection (5) of section 1002.63, Florida
 1727  Statutes, is reenacted to read:
 1728         1002.63 School-year prekindergarten program delivered by
 1729  public schools.—
 1730         (5) Each prekindergarten instructor employed by a public
 1731  school delivering the school-year prekindergarten program must
 1732  be of good moral character, must be screened using the level 2
 1733  screening standards in s. 435.04 before employment and
 1734  rescreened at least once every 5 years, must be denied
 1735  employment or terminated if required under s. 435.06, and must
 1736  not be ineligible to teach in a public school because his or her
 1737  educator certificate is suspended or revoked. This subsection
 1738  does not supersede employment requirements for instructional
 1739  personnel in public schools which are more stringent than the
 1740  requirements of this subsection.
 1741         Section 36. For the purpose of incorporating the amendment
 1742  made by this act to section 435.04, Florida Statutes, in a
 1743  reference thereto, paragraph (e) of subsection (2) of section
 1744  1006.20, Florida Statutes, is reenacted to read:
 1745         1006.20 Athletics in public K-12 schools.—
 1746         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 1747         (e) The FHSAA shall adopt bylaws that regulate persons who
 1748  conduct investigations on behalf of the FHSAA. The bylaws shall
 1749  include provisions that require an investigator to:
 1750         1. Undergo level 2 background screening under s. 435.04,
 1751  establishing that the investigator has not committed any
 1752  disqualifying offense listed in s. 435.04, unless the
 1753  investigator can provide proof of compliance with level 2
 1754  screening standards submitted within the previous 5 years to
 1755  meet any professional licensure requirements, provided:
 1756         a. The investigator has not had a break in service from a
 1757  position that requires level 2 screening for more than 90 days;
 1758  and
 1759         b. The investigator submits, under penalty of perjury, an
 1760  affidavit verifying that the investigator has not committed any
 1761  disqualifying offense listed in s. 435.04 and is in full
 1762  compliance with this paragraph.
 1763         2. Be appointed as an investigator by the executive
 1764  director.
 1765         3. Carry a photo identification card that shows the FHSAA
 1766  name, logo, and the investigator’s official title.
 1767         4. Adhere to the following guidelines:
 1768         a. Investigate only those alleged violations assigned by
 1769  the executive director or the board of directors.
 1770         b. Conduct interviews on Monday through Friday between the
 1771  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
 1772  the interviewee.
 1773         c. Allow the parent of any student being interviewed to be
 1774  present during the interview.
 1775         d. Search residences or other private areas only with the
 1776  permission of the executive director and the written consent of
 1777  the student’s parent and only with a parent or a representative
 1778  of the parent present.
 1779         Section 37. For the purpose of incorporating the amendment
 1780  made by this act to section 435.04, Florida Statutes, in a
 1781  reference thereto, section 1012.321, Florida Statutes, is
 1782  reenacted to read:
 1783         1012.321 Exceptions for certain instructional personnel
 1784  from background screening requirements.—Instructional personnel
 1785  who are required to undergo level 2 background screening under
 1786  s. 393.0655 or s. 402.305 and who meet the level 2 screening
 1787  standards in s. 435.04 are not required to be rescreened in
 1788  order to satisfy the screening requirements in s. 1012.32 if the
 1789  instructional personnel:
 1790         (1) Have completed the criminal history check within 5
 1791  years prior to having direct contact with students;
 1792         (2) Are rescreened every 5 years and meet the level 2
 1793  screening standards; and
 1794         (3) Have their fingerprints retained by the Department of
 1795  Law Enforcement.
 1796         Section 38. For the purpose of incorporating the amendment
 1797  made by this act to section 435.04, Florida Statutes, in a
 1798  reference thereto, paragraph (b) of subsection (2) of section
 1799  1012.468, Florida Statutes, is reenacted to read:
 1800         1012.468 Exceptions to certain fingerprinting and criminal
 1801  history checks.—
 1802         (2) A district school board shall exempt from the screening
 1803  requirements set forth in ss. 1012.465 and 1012.467 the
 1804  following noninstructional contractors:
 1805         (b) Noninstructional contractors who are required by law to
 1806  undergo a level 2 background screening pursuant to s. 435.04 for
 1807  licensure, certification, employment, or other purposes and who
 1808  submit evidence of meeting the following criteria:
 1809         1. The contractor meets the screening standards in s.
 1810  435.04;
 1811         2. The contractor’s license or certificate is active and in
 1812  good standing, if the contractor is a licensee or
 1813  certificateholder; and
 1814         3. The contractor completed the criminal history check
 1815  within 5 years prior to seeking access to school grounds when
 1816  students are present.
 1817         Section 39. For the purpose of incorporating the amendment
 1818  made by this act to section 1012.315, Florida Statutes, in a
 1819  reference thereto, paragraph (b) of subsection (4) of section
 1820  1001.10, Florida Statutes, is reenacted to read:
 1821         1001.10 Commissioner of Education; general powers and
 1822  duties.—
 1823         (4) The Department of Education shall:
 1824         (b) Maintain a disqualification list that includes all of
 1825  the following:
 1826         1. The identity of each person who has been permanently
 1827  denied an educator certificate or whose educator certificate has
 1828  been permanently revoked and has been placed on the list as
 1829  directed by the Education Practices Commission pursuant to s.
 1830  1012.795(1) or s. 1012.796(7).
 1831         2. The identity of each person who has been permanently
 1832  disqualified by the commissioner from owning or operating a
 1833  private school that participates in state scholarship programs
 1834  under s. 1002.421.
 1835         3. The identity of each person who has been terminated, or
 1836  has resigned in lieu of termination, from employment as a result
 1837  of sexual misconduct with a student.
 1838         4. The identity of each person who is ineligible for
 1839  educator certification or employment pursuant to s. 1012.315.
 1840         Section 40. For the purpose of incorporating the amendment
 1841  made by this act to section 1012.315, Florida Statutes, in a
 1842  reference thereto, subsection (6) of section 1001.42, Florida
 1843  Statutes, is reenacted to read:
 1844         1001.42 Powers and duties of district school board.—The
 1845  district school board, acting as a board, shall exercise all
 1846  powers and perform all duties listed below:
 1847         (6) STANDARDS OF ETHICAL CONDUCT.—Adopt policies
 1848  establishing standards of ethical conduct for educational
 1849  support employees, instructional personnel, administrative
 1850  personnel, and school officers. The policies must require all
 1851  educational support employees, instructional personnel,
 1852  administrative personnel, and school officers, as defined in s.
 1853  1012.01, to complete training on the standards; establish the
 1854  duty of educational support employees, instructional personnel,
 1855  administrative personnel, and school officers to report, and
 1856  procedures for reporting, alleged misconduct by other
 1857  educational support employees, instructional or administrative
 1858  personnel, and school officers which affects the health, safety,
 1859  or welfare of a student, including misconduct that involves
 1860  engaging in or soliciting sexual, romantic, or lewd conduct with
 1861  a student; require the district school superintendent to report
 1862  to law enforcement misconduct by educational support employees,
 1863  instructional personnel, or school administrators that would
 1864  result in disqualification from educator certification or
 1865  employment as provided in s. 1012.315; and include an
 1866  explanation of the liability protections provided under ss.
 1867  39.203 and 768.095. A district school board, or any of its
 1868  employees or personnel, may not enter into a confidentiality
 1869  agreement regarding terminated or dismissed educational support
 1870  employees, instructional or administrative personnel, or school
 1871  officers who resign in lieu of termination, based in whole or in
 1872  part on misconduct that affects the health, safety, or welfare
 1873  of a student, and may not provide educational support employees,
 1874  instructional personnel, administrative personnel, or school
 1875  officers with employment references or discuss the employees’,
 1876  personnel’s, or officers’ performance with prospective employers
 1877  in another educational setting, without disclosing the
 1878  employees’, personnel’s, or officers’ misconduct. Any part of an
 1879  agreement or contract that has the purpose or effect of
 1880  concealing misconduct by educational support employees,
 1881  instructional personnel, administrative personnel, or school
 1882  officers which affects the health, safety, or welfare of a
 1883  student is void, is contrary to public policy, and may not be
 1884  enforced.
 1885         Section 41. For the purpose of incorporating the amendment
 1886  made by this act to section 1012.315, Florida Statutes, in a
 1887  reference thereto, paragraph (b) of subsection (12) of section
 1888  1001.51, Florida Statutes, is reenacted to read:
 1889         1001.51 Duties and responsibilities of district school
 1890  superintendent.—The district school superintendent shall
 1891  exercise all powers and perform all duties listed below and
 1892  elsewhere in the law, provided that, in so doing, he or she
 1893  shall advise and counsel with the district school board. The
 1894  district school superintendent shall perform all tasks necessary
 1895  to make sound recommendations, nominations, proposals, and
 1896  reports required by law to be acted upon by the district school
 1897  board. All such recommendations, nominations, proposals, and
 1898  reports by the district school superintendent shall be either
 1899  recorded in the minutes or shall be made in writing, noted in
 1900  the minutes, and filed in the public records of the district
 1901  school board. It shall be presumed that, in the absence of the
 1902  record required in this section, the recommendations,
 1903  nominations, and proposals required of the district school
 1904  superintendent were not contrary to the action taken by the
 1905  district school board in such matters.
 1906         (12) RECORDS AND REPORTS.—Recommend such records as should
 1907  be kept in addition to those prescribed by rules of the State
 1908  Board of Education; prepare forms for keeping such records as
 1909  are approved by the district school board; ensure that such
 1910  records are properly kept; and make all reports that are needed
 1911  or required, as follows:
 1912         (b) Reports to the department.—Prepare, for the approval of
 1913  the district school board, all reports required by law or rules
 1914  of the State Board of Education to be made to the department and
 1915  transmit promptly all such reports, when approved, to the
 1916  department, as required by law. If any reports are not
 1917  transmitted at the time and in the manner prescribed by law or
 1918  by State Board of Education rules, the salary of the district
 1919  school superintendent must be withheld until the report has been
 1920  properly submitted. Unless otherwise provided by rules of the
 1921  State Board of Education, the annual report on attendance and
 1922  personnel is due on or before July 1, and the annual school
 1923  budget and the report on finance are due on the date prescribed
 1924  by the commissioner.
 1925  
 1926  Any district school superintendent who knowingly signs and
 1927  transmits to any state official a report that the superintendent
 1928  knows to be false or incorrect; who knowingly fails to complete
 1929  the investigation of any allegation of misconduct that affects
 1930  the health, safety, or welfare of a student, that would be a
 1931  violation of s. 800.101, or that would be a disqualifying
 1932  offense under s. 1012.315, or any allegation of sexual
 1933  misconduct with a student; who knowingly fails to report the
 1934  alleged misconduct to the department as required in s. 1012.796;
 1935  or who knowingly fails to report misconduct to the law
 1936  enforcement agencies with jurisdiction over the conduct pursuant
 1937  to district school board policy under s. 1001.42(6), forfeits
 1938  his or her salary for 1 year following the date of such act or
 1939  failure to act.
 1940         Section 42. For the purpose of incorporating the amendment
 1941  made by this act to section 1012.315, Florida Statutes, in a
 1942  reference thereto, paragraph (g) of subsection (12) of section
 1943  1002.33, Florida Statutes, is reenacted to read:
 1944         1002.33 Charter schools.—
 1945         (12) EMPLOYEES OF CHARTER SCHOOLS.—
 1946         (g)1. A charter school shall employ or contract with
 1947  employees who have undergone background screening as provided in
 1948  s. 1012.32. Members of the governing board of the charter school
 1949  shall also undergo background screening in a manner similar to
 1950  that provided in s. 1012.32. An individual may not be employed
 1951  as an employee or contract personnel of a charter school or
 1952  serve as a member of a charter school governing board if the
 1953  individual is on the disqualification list maintained by the
 1954  department pursuant to s. 1001.10(4)(b).
 1955         2. A charter school shall prohibit educational support
 1956  employees, instructional personnel, and school administrators,
 1957  as defined in s. 1012.01, from employment in any position that
 1958  requires direct contact with students if the employees,
 1959  personnel, or administrators are ineligible for such employment
 1960  under s. 1012.315 or have been terminated or have resigned in
 1961  lieu of termination for sexual misconduct with a student. If the
 1962  prohibited conduct occurs while employed, a charter school must
 1963  report the individual and the disqualifying circumstances to the
 1964  department for inclusion on the disqualification list maintained
 1965  pursuant to s. 1001.10(4)(b).
 1966         3. The governing board of a charter school shall adopt
 1967  policies establishing standards of ethical conduct for
 1968  educational support employees, instructional personnel, and
 1969  school administrators. The policies must require all educational
 1970  support employees, instructional personnel, and school
 1971  administrators, as defined in s. 1012.01, to complete training
 1972  on the standards; establish the duty of educational support
 1973  employees, instructional personnel, and school administrators to
 1974  report, and procedures for reporting, alleged misconduct that
 1975  affects the health, safety, or welfare of a student; and include
 1976  an explanation of the liability protections provided under ss.
 1977  39.203 and 768.095. A charter school, or any of its employees,
 1978  may not enter into a confidentiality agreement regarding
 1979  terminated or dismissed educational support employees,
 1980  instructional personnel, or school administrators, or employees,
 1981  personnel, or administrators who resign in lieu of termination,
 1982  based in whole or in part on misconduct that affects the health,
 1983  safety, or welfare of a student, and may not provide employees,
 1984  personnel, or administrators with employment references or
 1985  discuss the employees’, personnel’s, or administrators’
 1986  performance with prospective employers in another educational
 1987  setting, without disclosing the employees’, personnel’s, or
 1988  administrators’ misconduct. Any part of an agreement or contract
 1989  that has the purpose or effect of concealing misconduct by
 1990  educational support employees, instructional personnel, or
 1991  school administrators which affects the health, safety, or
 1992  welfare of a student is void, is contrary to public policy, and
 1993  may not be enforced.
 1994         4. Before employing an individual in any position that
 1995  requires direct contact with students, a charter school shall
 1996  conduct employment history checks of each individual through use
 1997  of the educator screening tools described in s. 1001.10(5), and
 1998  document the findings. If unable to contact a previous employer,
 1999  the charter school must document efforts to contact the
 2000  employer.
 2001         5. The sponsor of a charter school that knowingly fails to
 2002  comply with this paragraph shall terminate the charter under
 2003  subsection (8).
 2004         Section 43. For the purpose of incorporating the amendment
 2005  made by this act to section 1012.315, Florida Statutes, in a
 2006  reference thereto, paragraph (d) of subsection (6) of section
 2007  1002.333, Florida Statutes, is reenacted to read:
 2008         1002.333 Persistently low-performing schools.—
 2009         (6) STATUTORY AUTHORITY.—
 2010         (d) A hope operator may employ school administrators and
 2011  instructional personnel who do not meet the requirements of s.
 2012  1012.56 if the school administrators and instructional personnel
 2013  are not ineligible for such employment under s. 1012.315.
 2014         Section 44. For the purpose of incorporating the amendment
 2015  made by this act to section 1012.315, Florida Statutes, in a
 2016  reference thereto, paragraph (r) of subsection (1) of section
 2017  1002.421, Florida Statutes, is reenacted to read:
 2018         1002.421 State school choice scholarship program
 2019  accountability and oversight.—
 2020         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
 2021  school participating in an educational scholarship program
 2022  established pursuant to this chapter must be a private school as
 2023  defined in s. 1002.01(2) in this state, be registered, and be in
 2024  compliance with all requirements of this section in addition to
 2025  private school requirements outlined in s. 1002.42, specific
 2026  requirements identified within respective scholarship program
 2027  laws, and other provisions of Florida law that apply to private
 2028  schools, and must:
 2029         (r) Prohibit education support employees, instructional
 2030  personnel, and school administrators from employment in any
 2031  position that requires direct contact with students if the
 2032  personnel or administrators are ineligible for such employment
 2033  pursuant to this section or s. 1012.315, or have been terminated
 2034  or have resigned in lieu of termination for sexual misconduct
 2035  with a student. If the prohibited conduct occurs subsequent to
 2036  employment, the private school must report the person and the
 2037  disqualifying circumstances to the department for inclusion on
 2038  the disqualification list maintained pursuant to s.
 2039  1001.10(4)(b).
 2040  
 2041  The department shall suspend the payment of funds to a private
 2042  school that knowingly fails to comply with this subsection, and
 2043  shall prohibit the school from enrolling new scholarship
 2044  students, for 1 fiscal year and until the school complies. If a
 2045  private school fails to meet the requirements of this subsection
 2046  or has consecutive years of material exceptions listed in the
 2047  report required under paragraph (q), the commissioner may
 2048  determine that the private school is ineligible to participate
 2049  in a scholarship program.
 2050         Section 45. For the purpose of incorporating the amendment
 2051  made by this act to section 1012.315, Florida Statutes, in a
 2052  reference thereto, Subsection (1) of section 1012.32, Florida
 2053  Statutes, is reenacted to read:
 2054         1012.32 Qualifications of personnel.—
 2055         (1) To be eligible for appointment in any position in any
 2056  district school system, a person must be of good moral
 2057  character; must have attained the age of 18 years, if he or she
 2058  is to be employed in an instructional capacity; must not be
 2059  ineligible for such employment under s. 1012.315; and must, when
 2060  required by law, hold a certificate or license issued under
 2061  rules of the State Board of Education or the Department of
 2062  Children and Families, except when employed pursuant to s.
 2063  1012.55 or under the emergency provisions of s. 1012.24.
 2064  Previous residence in this state shall not be required in any
 2065  school of the state as a prerequisite for any person holding a
 2066  valid Florida certificate or license to serve in an
 2067  instructional capacity.
 2068         Section 46. For the purpose of incorporating the amendment
 2069  made by this act to section 1012.315, Florida Statutes, in a
 2070  reference thereto, paragraphs (a) and (d) of subsection (10) of
 2071  section 1012.56, Florida Statutes, are reenacted to read:
 2072         1012.56 Educator certification requirements.—
 2073         (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
 2074  PERIODICALLY.—
 2075         (a) Each person who seeks certification under this chapter
 2076  must be fingerprinted and screened in accordance with s. 1012.32
 2077  and must not be ineligible for such certification under s.
 2078  1012.315. A person who has been screened in accordance with s.
 2079  1012.32 by a district school board or the Department of
 2080  Education within 12 months before the date the person initially
 2081  obtains certification under this chapter, the results of which
 2082  are submitted to the district school board or to the Department
 2083  of Education, is not required to repeat the screening under this
 2084  paragraph.
 2085         (d) If it is found under s. 1012.796 that a person who is
 2086  employed in a position requiring certification under this
 2087  chapter has not been screened in accordance with s. 1012.32, or
 2088  is ineligible for such certification under s. 1012.315, the
 2089  person’s certification shall be immediately revoked or suspended
 2090  and he or she shall be immediately suspended from the position
 2091  requiring certification.
 2092         Section 47. For the purpose of incorporating the amendment
 2093  made by this act to section 1012.315, Florida Statutes, in a
 2094  reference thereto, subsection (1) of section 1012.795, Florida
 2095  Statutes, is reenacted to read:
 2096         1012.795 Education Practices Commission; authority to
 2097  discipline.—
 2098         (1) The Education Practices Commission may suspend the
 2099  educator certificate of any instructional personnel or school
 2100  administrator, as defined in s. 1012.01(2) or (3), for up to 5
 2101  years, thereby denying that person the right to teach or
 2102  otherwise be employed by a district school board or public
 2103  school in any capacity requiring direct contact with students
 2104  for that period of time, after which the person may return to
 2105  teaching as provided in subsection (4); may revoke the educator
 2106  certificate of any person, thereby denying that person the right
 2107  to teach or otherwise be employed by a district school board or
 2108  public school in any capacity requiring direct contact with
 2109  students for up to 10 years, with reinstatement subject to
 2110  subsection (4); may permanently revoke the educator certificate
 2111  of any person thereby denying that person the right to teach or
 2112  otherwise be employed by a district school board or public
 2113  school in any capacity requiring direct contact with students;
 2114  may suspend a person’s educator certificate, upon an order of
 2115  the court or notice by the Department of Revenue relating to the
 2116  payment of child support; may direct the department to place a
 2117  certificateholder employed by a public school, charter school,
 2118  charter school governing board, or private school that
 2119  participates in a state scholarship program under chapter 1002
 2120  on the disqualification list maintained by the department
 2121  pursuant to s. 1001.10(4)(b) for misconduct that would render
 2122  the person ineligible pursuant to s. 1012.315 or sexual
 2123  misconduct with a student; or may impose any other penalty
 2124  provided by law, if the person:
 2125         (a) Obtained or attempted to obtain an educator certificate
 2126  by fraudulent means.
 2127         (b) Knowingly failed to report actual or suspected child
 2128  abuse as required in s. 1006.061 or report alleged misconduct by
 2129  instructional personnel or school administrators which affects
 2130  the health, safety, or welfare of a student as required in s.
 2131  1012.796.
 2132         (c) Has proved to be incompetent to teach or to perform
 2133  duties as an employee of the public school system or to teach in
 2134  or to operate a private school.
 2135         (d) Has been guilty of gross immorality or an act involving
 2136  moral turpitude as defined by rule of the State Board of
 2137  Education, including engaging in or soliciting sexual, romantic,
 2138  or lewd conduct with a student or minor.
 2139         (e) Has had an educator certificate or other professional
 2140  license sanctioned by this or any other state or has had the
 2141  authority to practice the regulated profession revoked,
 2142  suspended, or otherwise acted against, including a denial of
 2143  certification or licensure, by the licensing or certifying
 2144  authority of any jurisdiction, including its agencies and
 2145  subdivisions. The licensing or certifying authority’s acceptance
 2146  of a relinquishment, stipulation, consent order, or other
 2147  settlement offered in response to or in anticipation of the
 2148  filing of charges against the licensee or certificateholder
 2149  shall be construed as action against the license or certificate.
 2150  For purposes of this section, a sanction or action against a
 2151  professional license, a certificate, or an authority to practice
 2152  a regulated profession must relate to being an educator or the
 2153  fitness of or ability to be an educator.
 2154         (f) Has been convicted or found guilty of, has had
 2155  adjudication withheld for, or has pled guilty or nolo contendere
 2156  to a misdemeanor, felony, or any other criminal charge, other
 2157  than a minor traffic violation.
 2158         (g) Upon investigation, has been found guilty of personal
 2159  conduct that seriously reduces that person’s effectiveness as an
 2160  employee of the district school board.
 2161         (h) Has breached a contract, as provided in s. 1012.33(2)
 2162  or s. 1012.335.
 2163         (i) Has been the subject of a court order or notice by the
 2164  Department of Revenue pursuant to s. 409.2598 directing the
 2165  Education Practices Commission to suspend the certificate as a
 2166  result of noncompliance with a child support order, a subpoena,
 2167  an order to show cause, or a written agreement with the
 2168  Department of Revenue.
 2169         (j) Has violated the Principles of Professional Conduct for
 2170  the Education Profession prescribed by State Board of Education
 2171  rules.
 2172         (k) Has otherwise violated the provisions of law, the
 2173  penalty for which is the revocation of the educator certificate.
 2174         (l) Has violated any order of the Education Practices
 2175  Commission.
 2176         (m) Has been the subject of a court order or plea agreement
 2177  in any jurisdiction which requires the certificateholder to
 2178  surrender or otherwise relinquish his or her educator’s
 2179  certificate. A surrender or relinquishment shall be for
 2180  permanent revocation of the certificate. A person may not
 2181  surrender or otherwise relinquish his or her certificate prior
 2182  to a finding of probable cause by the commissioner as provided
 2183  in s. 1012.796.
 2184         (n) Has been disqualified from educator certification under
 2185  s. 1012.315.
 2186         (o) Has committed a third recruiting offense as determined
 2187  by the Florida High School Athletic Association (FHSAA) pursuant
 2188  to s. 1006.20(2)(b).
 2189         (p) Has violated test security as provided in s. 1008.24.
 2190         Section 48. For the purpose of incorporating the amendment
 2191  made by this act to section 1012.315, Florida Statutes, in a
 2192  reference thereto, paragraph (i) of subsection (7) of section
 2193  1012.796, Florida Statutes, is reenacted to read:
 2194         1012.796 Complaints against teachers and administrators;
 2195  procedure; penalties.—
 2196         (7) A panel of the commission shall enter a final order
 2197  either dismissing the complaint or imposing one or more of the
 2198  following penalties:
 2199         (i) Direct the department to place instructional personnel
 2200  or school administrators on the disqualification list maintained
 2201  by the department pursuant to s. 1001.10(4)(b) for conduct that
 2202  would render the person ineligible pursuant to s. 1012.315 or
 2203  sexual misconduct with a student.
 2204  
 2205  The penalties imposed under this subsection are in addition to,
 2206  and not in lieu of, the penalties required for a third
 2207  recruiting offense pursuant to s. 1006.20(2)(b).
 2208         Section 49. For the purpose of incorporating the amendment
 2209  made by this act to section 1012.467, Florida Statutes, in a
 2210  reference thereto, subsection (2) and paragraph (a) of
 2211  subsection (3) of section 1012.468, Florida Statutes, are
 2212  reenacted to read:
 2213         1012.468 Exceptions to certain fingerprinting and criminal
 2214  history checks.—
 2215         (2) A district school board shall exempt from the screening
 2216  requirements set forth in ss. 1012.465 and 1012.467 the
 2217  following noninstructional contractors:
 2218         (a)1. Noninstructional contractors who are under the direct
 2219  supervision of a school district employee or contractor who has
 2220  had a criminal history check and meets the screening
 2221  requirements under s. 1012.32, s. 1012.465, s. 1012.467, or s.
 2222  1012.56. For purposes of this paragraph, the term “direct
 2223  supervision” means that a school district employee or contractor
 2224  is physically present with a noninstructional contractor when
 2225  the contractor has access to a student and the access remains in
 2226  the school district employee’s or the contractor’s line of
 2227  sight.
 2228         2. If a noninstructional contractor who is exempt under
 2229  this subsection is no longer under direct supervision as
 2230  specified in subparagraph 1., the contractor may not be
 2231  permitted on school grounds when students are present until the
 2232  contractor meets the screening requirements in s. 1012.465 or s.
 2233  1012.467.
 2234         (b) Noninstructional contractors who are required by law to
 2235  undergo a level 2 background screening pursuant to s. 435.04 for
 2236  licensure, certification, employment, or other purposes and who
 2237  submit evidence of meeting the following criteria:
 2238         1. The contractor meets the screening standards in s.
 2239  435.04;
 2240         2. The contractor’s license or certificate is active and in
 2241  good standing, if the contractor is a licensee or
 2242  certificateholder; and
 2243         3. The contractor completed the criminal history check
 2244  within 5 years prior to seeking access to school grounds when
 2245  students are present.
 2246         (c) A law enforcement officer, as defined in s. 943.10, who
 2247  is assigned or dispatched to school grounds by his or her
 2248  employer.
 2249         (d) An employee or medical director of an ambulance
 2250  provider, licensed pursuant to chapter 401, who is providing
 2251  services within the scope of part III of chapter 401 on behalf
 2252  of such ambulance provider.
 2253         (e) Noninstructional contractors who remain at a site where
 2254  students are not permitted if the site is separated from the
 2255  remainder of the school grounds by a single chain-link fence of
 2256  6 feet in height.
 2257         (f) A noninstructional contractor who provides pickup or
 2258  delivery services and those services involve brief visits on
 2259  school grounds when students are present.
 2260         (g) An investigator for the Florida High School Athletic
 2261  Association (FHSAA) who meets the requirements under s.
 2262  1006.20(2)(e).
 2263         (3)(a) A noninstructional contractor who is exempt under
 2264  this section from the screening requirements set forth in s.
 2265  1012.465 or s. 1012.467 is subject to a search of his or her
 2266  name or other identifying information against the registration
 2267  information regarding sexual predators and sexual offenders
 2268  maintained by the Department of Law Enforcement under s. 943.043
 2269  and the National Sex Offender Public Registry maintained by the
 2270  United States Department of Justice. The school district shall
 2271  conduct the search required under this subsection without charge
 2272  or fee to the contractor.
 2273         Section 50. For the 2023-2024 fiscal year, the sums of
 2274  $285,367 in recurring funds from the Health Care Trust Fund and
 2275  $581,064 in nonrecurring funds from the Health Care Trust Fund
 2276  are appropriated to the Agency for Health Care Administration
 2277  and five full-time equivalent positions with associated salary
 2278  rate of 173,431 are authorized for the purpose of implementing
 2279  this act.
 2280         Section 51. This act shall take effect July 1, 2024.