Florida Senate - 2014                              CS for SB 674
       
       
        
       By the Committee on Health Policy; and Senator Bean
       
       
       
       
       
       588-01762-14                                           2014674c1
    1                        A bill to be entitled                      
    2         An act relating to background screening; amending s.
    3         322.142, F.S.; authorizing the Department of Highway
    4         Safety and Motor Vehicles to share reproductions of
    5         driver license images with the Department of Health
    6         and the Agency for Health Care Administration for
    7         specified purposes; amending s. 408.806, F.S.;
    8         revising the requirements for licensure; revising a
    9         provision requiring an affidavit; amending s. 408.809,
   10         F.S.; exempting a person whose fingerprints are
   11         already enrolled in a certain Federal Bureau of
   12         Investigation program from the requirement that such
   13         fingerprints be forwarded to the bureau; requiring
   14         certain persons to submit their fingerprints
   15         electronically; requiring the Department of Law
   16         Enforcement to retain fingerprints when the department
   17         begins participation in a certain program; revising
   18         requirements for proof of compliance with level 2
   19         screening standards; revising terminology; adding
   20         additional disqualifying offenses to background
   21         screening requirements; amending s. 413.208, F.S.;
   22         providing applicability for background screening
   23         requirements for certain registrants; repealing s. 7
   24         of chapter 2012-73, Laws of Florida, relating to
   25         background screening requirements; amending s. 435.04,
   26         F.S.; revising information to be required for vendors
   27         submitting employee fingerprints; adding an additional
   28         disqualifying offense to background screening
   29         requirements; amending s. 435.05, F.S.; revising a
   30         provision requiring the annual submission of an
   31         affidavit; amending s. 435.07, F.S.; revising criteria
   32         for an exemption from disqualification for an employee
   33         under certain conditions; amending s. 435.12, F.S.;
   34         requiring the fingerprints of an employee required to
   35         be screened by a specified agency and included in the
   36         clearinghouse also to be retained in the national
   37         retained print arrest notification program at a
   38         specified time; requiring simultaneous submission of a
   39         photographic image and electronic fingerprints to the
   40         Care Provider Background Screening Clearinghouse;
   41         requiring an employer to follow certain criminal
   42         history check procedures and include specified
   43         information regarding referral and registration of an
   44         employee for electronic fingerprinting with the
   45         clearinghouse; providing an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Subsection (4) of section 322.142, Florida
   50  Statutes, is amended to read:
   51         322.142 Color photographic or digital imaged licenses.—
   52         (4) The department may maintain a film negative or print
   53  file. The department shall maintain a record of the digital
   54  image and signature of the licensees, together with other data
   55  required by the department for identification and retrieval.
   56  Reproductions from the file or digital record are exempt from
   57  the provisions of s. 119.07(1) and may shall be made and issued
   58  only:
   59         (a) For departmental administrative purposes;
   60         (b) For the issuance of duplicate licenses;
   61         (c) In response to law enforcement agency requests;
   62         (d) To the Department of Business and Professional
   63  Regulation and the Department of Health pursuant to an
   64  interagency agreement for the purpose of accessing digital
   65  images for reproduction of licenses issued by the Department of
   66  Business and Professional Regulation or the Department of
   67  Health;
   68         (e) To the Department of State pursuant to an interagency
   69  agreement to facilitate determinations of eligibility of voter
   70  registration applicants and registered voters in accordance with
   71  ss. 98.045 and 98.075;
   72         (f) To the Department of Revenue pursuant to an interagency
   73  agreement for use in establishing paternity and establishing,
   74  modifying, or enforcing support obligations in Title IV-D cases;
   75         (g) To the Department of Children and Families pursuant to
   76  an interagency agreement to conduct protective investigations
   77  under part III of chapter 39 and chapter 415;
   78         (h) To the Department of Children and Families pursuant to
   79  an interagency agreement specifying the number of employees in
   80  each of that department’s regions to be granted access to the
   81  records for use as verification of identity to expedite the
   82  determination of eligibility for public assistance and for use
   83  in public assistance fraud investigations;
   84         (i) To the Agency for Health Care Administration pursuant
   85  to an interagency agreement for the purpose of verifying
   86  photographs in the Care Provider Background Screening
   87  Clearinghouse authorized under s. 435.12;
   88         (j)(i) To the Department of Financial Services pursuant to
   89  an interagency agreement to facilitate the location of owners of
   90  unclaimed property, the validation of unclaimed property claims,
   91  and the identification of fraudulent or false claims;
   92         (k)(j) To district medical examiners pursuant to an
   93  interagency agreement for the purpose of identifying a deceased
   94  individual, determining cause of death, and notifying next of
   95  kin of any investigations, including autopsies and other
   96  laboratory examinations, authorized in s. 406.11; or
   97         (l)(k) To the following persons for the purpose of
   98  identifying a person as part of the official work of a court:
   99         1. A justice or judge of this state;
  100         2. An employee of the state courts system who works in a
  101  position that is designated in writing for access by the Chief
  102  Justice of the Supreme Court or a chief judge of a district or
  103  circuit court, or by his or her designee; or
  104         3. A government employee who performs functions on behalf
  105  of the state courts system in a position that is designated in
  106  writing for access by the Chief Justice or a chief judge, or by
  107  his or her designee.
  108         Section 2. Subsections (1) and (8) of section 408.806,
  109  Florida Statutes, are amended to read:
  110         408.806 License application process.—
  111         (1) An application for licensure must be made to the agency
  112  on forms furnished by the agency, submitted under oath or
  113  attestation, and accompanied by the appropriate fee in order to
  114  be accepted and considered timely. The application must contain
  115  information required by authorizing statutes and applicable
  116  rules and must include:
  117         (a) The name, address, and social security number, or
  118  individual taxpayer identification number if a social security
  119  number cannot legally be obtained, of:
  120         1. The applicant;
  121         2. The administrator or a similarly titled person who is
  122  responsible for the day-to-day operation of the provider;
  123         3. The financial officer or similarly titled person who is
  124  responsible for the financial operation of the licensee or
  125  provider; and
  126         4. Each controlling interest if the applicant or
  127  controlling interest is an individual.
  128         (b) The name, address, and federal employer identification
  129  number or taxpayer identification number of the applicant and
  130  each controlling interest if the applicant or controlling
  131  interest is not an individual.
  132         (c) The name by which the provider is to be known.
  133         (d) The total number of beds or capacity requested, as
  134  applicable.
  135         (e) The name of the person or persons under whose
  136  management or supervision the provider will operate and the name
  137  of the administrator, if required.
  138         (f) If the applicant offers continuing care agreements as
  139  defined in chapter 651, proof shall be furnished that the
  140  applicant has obtained a certificate of authority as required
  141  for operation under chapter 651.
  142         (g) Other information, including satisfactory inspection
  143  results, that the agency finds necessary to determine the
  144  ability of the applicant to carry out its responsibilities under
  145  this part, authorizing statutes, and applicable rules.
  146         (h) An attestation affidavit, under penalty of perjury, as
  147  required in s. 435.05(3), stating compliance with the provisions
  148  of this section and chapter 435.
  149         (8) The agency may establish procedures for the electronic
  150  notification and submission of required information, including,
  151  but not limited to:
  152         (a) Licensure applications.
  153         (b) Required signatures.
  154         (c) Payment of fees.
  155         (d) Notarization or attestation of applications.
  156  
  157  Requirements for electronic submission of any documents required
  158  by this part or authorizing statutes may be established by rule.
  159  As an alternative to sending documents as required by
  160  authorizing statutes, the agency may provide electronic access
  161  to information or documents.
  162         Section 3. Subsections (2) and (4) of section 408.809,
  163  Florida Statutes, are amended to read:
  164         408.809 Background screening; prohibited offenses.—
  165         (2) Every 5 years following his or her licensure,
  166  employment, or entry into a contract in a capacity that under
  167  subsection (1) would require level 2 background screening under
  168  chapter 435, each such person must submit to level 2 background
  169  rescreening as a condition of retaining such license or
  170  continuing in such employment or contractual status. For any
  171  such rescreening, the agency shall request the Department of Law
  172  Enforcement to forward the person’s fingerprints to the Federal
  173  Bureau of Investigation for a national criminal history record
  174  check unless the person’s fingerprints are enrolled in the
  175  Federal Bureau of Investigation’s national retained print arrest
  176  notification program. If the fingerprints of such a person are
  177  not retained by the Department of Law Enforcement under s.
  178  943.05(2)(g) and (h), the person must submit fingerprints
  179  electronically file a complete set of fingerprints with the
  180  agency and the agency shall forward the fingerprints to the
  181  Department of Law Enforcement for state processing, and the
  182  Department of Law Enforcement shall forward the fingerprints to
  183  the Federal Bureau of Investigation for a national criminal
  184  history record check. The fingerprints shall may be retained by
  185  the Department of Law Enforcement under s. 943.05(2)(g) and (h)
  186  and enrolled in the national retained print arrest notification
  187  program when the Department of Law Enforcement begins
  188  participation in the program. The cost of the state and national
  189  criminal history records checks required by level 2 screening
  190  may be borne by the licensee or the person fingerprinted. Until
  191  a specified agency is fully implemented the person’s background
  192  screening results are retained in the clearinghouse created
  193  under s. 435.12, the agency may accept as satisfying the
  194  requirements of this section proof of compliance with level 2
  195  screening standards submitted within the previous 5 years to
  196  meet any provider or professional licensure requirements of the
  197  agency, the Department of Health, the Department of Elderly
  198  Affairs, the Agency for Persons with Disabilities, the
  199  Department of Children and Families Family Services, or the
  200  Department of Financial Services for an applicant for a
  201  certificate of authority or provisional certificate of authority
  202  to operate a continuing care retirement community under chapter
  203  651, provided that:
  204         (a) The screening standards and disqualifying offenses for
  205  the prior screening are equivalent to those specified in s.
  206  435.04 and this section;
  207         (b) The person subject to screening has not had a break in
  208  service from a position that requires level 2 screening for more
  209  than 90 days; and
  210         (c) Such proof is accompanied, under penalty of perjury, by
  211  an attestation affidavit of compliance with the provisions of
  212  chapter 435 and this section using forms provided by the agency.
  213         (4) In addition to the offenses listed in s. 435.04, all
  214  persons required to undergo background screening pursuant to
  215  this part or authorizing statutes must not have an arrest
  216  awaiting final disposition for, must not have been found guilty
  217  of, regardless of adjudication, or entered a plea of nolo
  218  contendere or guilty to, and must not have been adjudicated
  219  delinquent and the record not have been sealed or expunged for
  220  any of the following offenses or any similar offense of another
  221  jurisdiction:
  222         (a) Any authorizing statutes, if the offense was a felony.
  223         (b) This chapter, if the offense was a felony.
  224         (c) Section 409.920, relating to Medicaid provider fraud.
  225         (d) Section 409.9201, relating to Medicaid fraud.
  226         (e) Section 741.28, relating to domestic violence.
  227         (f) Section 777.04, relating to attempts, solicitation, and
  228  conspiracy to commit an offense listed in this subsection.
  229         (g)(f) Section 817.034, relating to fraudulent acts through
  230  mail, wire, radio, electromagnetic, photoelectronic, or
  231  photooptical systems.
  232         (h)(g) Section 817.234, relating to false and fraudulent
  233  insurance claims.
  234         (i) Section 817.481, relating to obtaining goods by using a
  235  false or expired credit card or other credit device, if the
  236  offense was a felony.
  237         (j) Section 817.50, relating to fraudulently obtaining
  238  goods or services from a health care provider.
  239         (k)(h) Section 817.505, relating to patient brokering.
  240         (l)(i) Section 817.568, relating to criminal use of
  241  personal identification information.
  242         (m)(j) Section 817.60, relating to obtaining a credit card
  243  through fraudulent means.
  244         (n)(k) Section 817.61, relating to fraudulent use of credit
  245  cards, if the offense was a felony.
  246         (o)(l) Section 831.01, relating to forgery.
  247         (p)(m) Section 831.02, relating to uttering forged
  248  instruments.
  249         (q)(n) Section 831.07, relating to forging bank bills,
  250  checks, drafts, or promissory notes.
  251         (r)(o) Section 831.09, relating to uttering forged bank
  252  bills, checks, drafts, or promissory notes.
  253         (s)(p) Section 831.30, relating to fraud in obtaining
  254  medicinal drugs.
  255         (t)(q) Section 831.31, relating to the sale, manufacture,
  256  delivery, or possession with the intent to sell, manufacture, or
  257  deliver any counterfeit controlled substance, if the offense was
  258  a felony.
  259         (u) Section 895.03, relating to racketeering and collection
  260  of unlawful debts.
  261         (v) Section 896.101, relating to the Florida Money
  262  Laundering Act.
  263         Section 4. Subsection (5) is added to section 413.208,
  264  Florida Statutes, to read:
  265         413.208 Service providers; quality assurance; fitness for
  266  responsibilities; background screening.—
  267         (5) The background screening requirements of this section
  268  apply only to registrations entered into or renewed with the
  269  division after the Care Provider Background Screening
  270  Clearinghouse becomes operational and retains the background
  271  screening results in the clearinghouse under s. 435.12.
  272         Section 5. Section 7 of chapter 2012-73, Laws of Florida,
  273  is repealed.
  274         Section 6. Paragraph (e) of subsection (1) of section
  275  435.04, Florida Statutes, is amended, present paragraphs (d)
  276  through (yy) of subsection (2) are redesignated as paragraphs
  277  (e) through (zz), respectively, and a new paragraph (d) is added
  278  to that subsection, to read:
  279         435.04 Level 2 screening standards.—
  280         (1)
  281         (e) Vendors who submit fingerprints on behalf of employers
  282  must:
  283         1. Meet the requirements of s. 943.053; and
  284         2. Have the ability to communicate electronically with the
  285  state agency accepting screening results from the Department of
  286  Law Enforcement and provide the applicant’s full first name,
  287  middle initial, and last name; social security number; date of
  288  birth; mailing address; sex; and race. Individuals, persons,
  289  applicants, and controlling interests that cannot legally obtain
  290  a social security number must provide an individual taxpayer
  291  identification number a photograph of the applicant taken at the
  292  time the fingerprints are submitted.
  293         (2) The security background investigations under this
  294  section must ensure that no persons subject to the provisions of
  295  this section have been arrested for and are awaiting final
  296  disposition of, have been found guilty of, regardless of
  297  adjudication, or entered a plea of nolo contendere or guilty to,
  298  or have been adjudicated delinquent and the record has not been
  299  sealed or expunged for, any offense prohibited under any of the
  300  following provisions of state law or similar law of another
  301  jurisdiction:
  302         (d) Section 777.04, relating to attempts, solicitation, and
  303  conspiracy to commit an offense listed in this subsection.
  304         Section 7. Subsection (3) of section 435.05, Florida
  305  Statutes, is amended to read:
  306         435.05 Requirements for covered employees and employers.
  307  Except as otherwise provided by law, the following requirements
  308  apply to covered employees and employers:
  309         (3) Each employer licensed or registered with an agency
  310  must conduct level 2 background screening and must submit to the
  311  agency annually or at the time of license renewal, under penalty
  312  of perjury, a signed attestation affidavit attesting to
  313  compliance with the provisions of this chapter.
  314         Section 8. Subsections (1) and (2) of section 435.07,
  315  Florida Statutes, are amended to read:
  316         435.07 Exemptions from disqualification.—Unless otherwise
  317  provided by law, the provisions of this section apply to
  318  exemptions from disqualification for disqualifying offenses
  319  revealed pursuant to background screenings required under this
  320  chapter, regardless of whether those disqualifying offenses are
  321  listed in this chapter or other laws.
  322         (1)(a) The head of the appropriate agency may grant to any
  323  employee otherwise disqualified from employment an exemption
  324  from disqualification for:
  325         1.(a) Felonies for which at least 3 years have elapsed
  326  since the applicant for the exemption has completed or been
  327  lawfully released from confinement, supervision, or nonmonetary
  328  condition imposed by the court sanction for the disqualifying
  329  felony;
  330         2.(b) Misdemeanors prohibited under any of the statutes
  331  cited in this chapter or under similar statutes of other
  332  jurisdictions for which the applicant for the exemption has
  333  completed or been lawfully released from confinement,
  334  supervision, or nonmonetary condition imposed by the court
  335  sanction;
  336         3.(c) Offenses that were felonies when committed but that
  337  are now misdemeanors and for which the applicant for the
  338  exemption has completed or been lawfully released from
  339  confinement, supervision, or nonmonetary condition imposed by
  340  the court sanction; or
  341         4.(d) Findings of delinquency. For offenses that would be
  342  felonies if committed by an adult and the record has not been
  343  sealed or expunged, the exemption may not be granted until at
  344  least 3 years have elapsed since the applicant for the exemption
  345  has completed or been lawfully released from confinement,
  346  supervision, or nonmonetary condition imposed by the court
  347  sanction for the disqualifying offense.
  348         (b) A person applying for an exemption who was ordered to
  349  pay any amount for any fee, fine, fund, lien, civil judgment,
  350  application, costs of prosecution, trust, or restitution as part
  351  of the judgment and sentence for any disqualifying felony or
  352  misdemeanor must have paid the court-ordered amount in full
  353  before being eligible for the exemption.
  354  
  355  For the purposes of this subsection, the term “felonies” means
  356  both felonies prohibited under any of the statutes cited in this
  357  chapter or under similar statutes of other jurisdictions.
  358         (2) Persons employed, or applicants for employment, by
  359  treatment providers who treat adolescents 13 years of age and
  360  older who are disqualified from employment solely because of
  361  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
  362  exempted from disqualification from employment pursuant to this
  363  chapter without application of the waiting period in
  364  subparagraph (1)(a)1 paragraph (1)(a).
  365         Section 9. Subsection (2) of section 435.12, Florida
  366  Statutes, is amended to read:
  367         435.12 Care Provider Background Screening Clearinghouse.—
  368         (2)(a) To ensure that the information in the clearinghouse
  369  is current, the fingerprints of an employee required to be
  370  screened by a specified agency and included in the clearinghouse
  371  must be:
  372         1. Retained by the Department of Law Enforcement pursuant
  373  to s. 943.05(2)(g) and (h) and (3), and the Department of Law
  374  Enforcement must report the results of searching those
  375  fingerprints against state incoming arrest fingerprint
  376  submissions to the Agency for Health Care Administration for
  377  inclusion in the clearinghouse.
  378         2. Retained by the Federal Bureau of Investigation in the
  379  national retained print arrest notification program as soon as
  380  the Department of Law Enforcement begins participation in such
  381  program. Arrest prints will be searched against retained prints
  382  at the Federal Bureau of Investigation and notification of
  383  arrests will be forwarded to the Florida Department of Law
  384  Enforcement and reported to the Agency for Health Care
  385  Administration for inclusion in the clearinghouse.
  386         3.2. Resubmitted for a Federal Bureau of Investigation
  387  national criminal history check every 5 years until such time as
  388  the fingerprints are retained by the Federal Bureau of
  389  Investigation.
  390         4.3. Subject to retention on a 5-year renewal basis with
  391  fees collected at the time of initial submission or resubmission
  392  of fingerprints.
  393         5. Submitted with a photograph of the person taken at the
  394  time the fingerprints are submitted.
  395         (b) Until such time as the fingerprints are enrolled in the
  396  national retained print arrest notification program retained at
  397  the Federal Bureau of Investigation, an employee with a break in
  398  service of more than 90 days from a position that requires
  399  screening by a specified agency must submit to a national
  400  screening if the person returns to a position that requires
  401  screening by a specified agency.
  402         (c) An employer of persons subject to screening by a
  403  specified agency must register with the clearinghouse and
  404  maintain the employment status of all employees within the
  405  clearinghouse. Initial employment status and any changes in
  406  status must be reported within 10 business days.
  407         (d) An employer must register with and initiate all
  408  criminal history checks through the clearinghouse before
  409  referring an employee or potential employee for electronic
  410  fingerprint submission to the Department of Law Enforcement. The
  411  registration must include the employee’s full first name, middle
  412  initial, and last name; social security number; date of birth;
  413  mailing address; sex; and race. Individuals, persons,
  414  applicants, and controlling interests that cannot legally obtain
  415  a social security number must provide an individual taxpayer
  416  identification number.
  417         Section 10. This act shall take effect July 1, 2014.