Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1008
       
       
       
       
       
       
                                Ì182152|Î182152                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/14/2024           .                                
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       The Appropriations Committee on Health and Human Services
       (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 55
    4  insert:
    5         Section 1. Subsection (4) of section 408.809, Florida
    6  Statutes, is amended to read:
    7         408.809 Background screening; prohibited offenses.—
    8         (4) In addition to the offenses listed in s. 435.04, all
    9  persons required to undergo background screening pursuant to
   10  this part or authorizing statutes must not have an arrest
   11  awaiting final disposition for, must not have been found guilty
   12  of, regardless of adjudication, or entered a plea of nolo
   13  contendere or guilty to, and must not have been adjudicated
   14  delinquent and the record not have been sealed or expunged for
   15  any of the following offenses or any similar offense of another
   16  jurisdiction:
   17         (a) Any authorizing statutes, if the offense was a felony.
   18         (b) This chapter, if the offense was a felony.
   19         (c) Section 39.205, relating to the failure to report child
   20  abuse, abandonment, or neglect.
   21         (d) Section 409.920, relating to Medicaid provider fraud.
   22         (e)(d) Section 409.9201, relating to Medicaid fraud.
   23         (f)Section 414.39, relating to fraud, if the offense was a
   24  felony.
   25         (g)(e) Section 741.28, relating to domestic violence.
   26         (h)(f) Section 777.04, relating to attempts, solicitation,
   27  and conspiracy to commit an offense listed in this subsection.
   28         (i)(g) Section 784.03, relating to battery, if the victim
   29  is a vulnerable adult as defined in s. 415.102 or a patient or
   30  resident of a facility licensed under chapter 395, chapter 400,
   31  or chapter 429.
   32         (j)Section 787.06, relating to human trafficking.
   33         (k)Section 787.07, relating to human smuggling.
   34         (l)(h) Section 817.034, relating to fraudulent acts through
   35  mail, wire, radio, electromagnetic, photoelectronic, or
   36  photooptical systems.
   37         (m)(i) Section 817.234, relating to false and fraudulent
   38  insurance claims.
   39         (n)(j) Section 817.481, relating to obtaining goods by
   40  using a false or expired credit card or other credit device, if
   41  the offense was a felony.
   42         (o)(k) Section 817.50, relating to fraudulently obtaining
   43  goods or services from a health care provider.
   44         (p)(l) Section 817.505, relating to patient brokering.
   45         (q)(m) Section 817.568, relating to criminal use of
   46  personal identification information.
   47         (r)(n) Section 817.60, relating to obtaining a credit card
   48  through fraudulent means.
   49         (s)(o) Section 817.61, relating to fraudulent use of credit
   50  cards, if the offense was a felony.
   51         (t)(p) Section 831.01, relating to forgery.
   52         (u)(q) Section 831.02, relating to uttering forged
   53  instruments.
   54         (v)(r) Section 831.07, relating to forging bank bills,
   55  checks, drafts, or promissory notes.
   56         (w)(s) Section 831.09, relating to uttering forged bank
   57  bills, checks, drafts, or promissory notes.
   58         (x)(t) Section 831.30, relating to fraud in obtaining
   59  medicinal drugs.
   60         (y)(u) Section 831.31, relating to the sale, manufacture,
   61  delivery, or possession with the intent to sell, manufacture, or
   62  deliver any counterfeit controlled substance, if the offense was
   63  a felony.
   64         (z)Section 831.311, relating to the unlawful sale,
   65  manufacture, alteration, delivery, uttering, or possession of
   66  counterfeit-resistant prescription blanks for controlled
   67  substances.
   68         (aa)Section 836.10, relating to written or electronic
   69  threats to kill, do bodily injury, or conduct a mass shooting or
   70  an act of terrorism.
   71         (bb)Section 859.01, relating to poisoning food or water.
   72         (cc)Section 873.01, relating to the prohibition on the
   73  purchase or sale of human organs and tissue.
   74         (dd)(v) Section 895.03, relating to racketeering and
   75  collection of unlawful debts.
   76         (ee)(w) Section 896.101, relating to the Florida Money
   77  Laundering Act.
   78  
   79  If, upon rescreening, a person who is currently employed or
   80  contracted with a licensee and was screened and qualified under
   81  s. 435.04 has a disqualifying offense that was not a
   82  disqualifying offense at the time of the last screening, but is
   83  a current disqualifying offense and was committed before the
   84  last screening, he or she may apply for an exemption from the
   85  appropriate licensing agency and, if agreed to by the employer,
   86  may continue to perform his or her duties until the licensing
   87  agency renders a decision on the application for exemption if
   88  the person is eligible to apply for an exemption and the
   89  exemption request is received by the agency no later than 30
   90  days after receipt of the rescreening results by the person.
   91         Section 2. Persons subject to the background screening
   92  requirements of s. 408.809, Florida Statutes, who were screened
   93  before July 1, 2024, must submit to rescreening in compliance
   94  with the following schedule:
   95         (1)Persons for whom the last screening was conducted on or
   96  before June 30, 2021, must be rescreened by July 1, 2025.
   97         (2)Persons for whom the last screening was conducted
   98  between July 1, 2021, and June 30, 2022, must be rescreened by
   99  July 1, 2026.
  100         (3)Persons for whom the last screening was conducted
  101  between July 1, 2022, and June 30, 2023, must be rescreened by
  102  July 1, 2027.
  103         (4)Persons for whom the last screening was conducted
  104  between July 1, 2023, and June 30, 2024, must be rescreened by
  105  July 1, 2028.
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete line 3
  110  and insert:
  111         ; amending s. 408.809, F.S.; specifying additional
  112         disqualifying offenses under the background screening
  113         requirements for certain persons in health care
  114         practice settings; requiring certain persons to submit
  115         to rescreening in compliance with a specified
  116         schedule; amending s. 456.0135,