HB 1823

CS

CHAMBER ACTION

2	The Committee on Public Safety & Crime Prevention recommends the
3	following:
4
5	Committee Substitute
6	Remove the entire bill and insert:
7	A bill to be entitled
8	An act relating to developmental services and mental
9	health; creating ss. 393.135, 394.4593, and 916.1075,
10	F.S.; defining the terms "employee," "sexual activity,"
11	and "sexual misconduct"; providing that it is a second
12	degree felony for an employee to engage in sexual
13	misconduct with certain developmentally disabled clients,
14	certain mental health patients, or certain forensic
15	clients; providing certain exceptions; requiring certain
16	employees to report sexual misconduct to the central abuse
17	hotline of the Department of Children and Family Services
18	and to the appropriate local law enforcement agency;
19	providing for notification to the inspector general of the
20	Department of Children and Family Services; providing that
21	it is a first degree misdemeanor to knowingly and
22	willfully fail to make a report as required, or to prevent
23	another from doing so, or to submit inaccurate or
24	untruthful information; providing that it is a third
25	degree felony to coerce or threaten another person to
26	alter testimony or a report with respect to an incident of
27	sexual misconduct; providing criminal penalties; amending
28	s. 435.03, F.S.; expanding level 1 screening standards to
29	include criminal offenses related to sexual misconduct
30	with certain developmentally disabled clients, mental
31	health patients, or forensic clients and the reporting of
32	such sexual misconduct; amending s. 435.04, F.S.;
33	expanding level 2 screening standards to include the
34	offenses related to sexual misconduct with certain
35	developmentally disabled clients, mental health patients,
36	or forensic clients and the reporting of such sexual
37	misconduct; amending s. 393.0655, F.S.; requiring the
38	employment screening of direct service providers to
39	include screening as provided under ch. 435, F.S.;
40	amending s. 393.067, F.S.; reenacting paragraphs (a), (b),
41	(c), (d), (f), and (g) of subsection (6) of said section,
42	relating to background screening and licensure of
43	personnel of intermediate care facilities for the
44	developmentally disabled, for the purpose of incorporating
45	the amendment to s. 435.04, F.S., in references thereto;
46	providing that the licenses of residential facilities and
47	comprehensive transitional education programs are not
48	professional licenses of individuals; providing that the
49	receipt of such license does not create a property right;
50	providing a privilege that must guide the finder of fact
51	or trier of law in any administrative proceeding or court
52	action initiated by the Department of Children and Family
53	Services; amending s. 394.4572, F.S.; requiring the
54	employment screening of mental health personnel to include
55	screening as provided under ch. 435, F.S.; amending s.
56	943.0585, F.S., relating to court-ordered expunction of
57	criminal history records, for the purpose of incorporating
58	the amendment to s. 943.059, F.S., in a reference thereto;
59	providing that certain criminal history records relating
60	to sexual misconduct with developmentally disabled
61	clients, mental health patients, or forensic clients, or
62	the reporting of such sexual misconduct, shall not be
63	expunged; providing that the application for eligibility
64	for expunction certify that the criminal history record
65	does not relate to an offense involving sexual misconduct
66	with certain developmentally disabled clients, mental
67	health patients, or forensic clients, or the reporting of
68	such sexual misconduct; amending s. 943.059, F.S.,
69	relating to court-ordered sealing of criminal history
70	records, for the purpose of incorporating the amendment to
71	s. 943.0585, F.S., in a reference thereto; providing that
72	certain criminal history records relating to sexual
73	misconduct with developmentally disabled clients, mental
74	health patients, or forensic clients, or the reporting of
75	such sexual misconduct, shall not be sealed; providing
76	that the application for eligibility for sealing certify
77	that the criminal history record does not relate to an
78	offense involving sexual misconduct with certain
79	developmentally disabled clients, mental health patients,
80	or forensic clients, or the reporting of such sexual
81	misconduct; amending s. 400.215, F.S., and reenacting
82	paragraphs (b) and (c) of subsection (2) and subsection
83	(3), relating to background screening requirements for
84	certain nursing home personnel, for the purpose of
85	incorporating the amendments to ss. 435.03 and 435.04,
86	F.S., in references thereto; correcting a cross reference;
87	amending s. 400.964, F.S., and reenacting subsections (1),
88	(2), and (7), relating to background screening
89	requirements for certain personnel employed by
90	intermediate care facilities for the developmentally
91	disabled, for the purpose of incorporating the amendments
92	to ss. 435.03 and 435.04, F.S., in references thereto;
93	correcting a cross reference; amending s. 435.045, F.S.,
94	and reenacting paragraph (a) of subsection (1), relating
95	to requirements for the placement of dependent children,
96	for the purpose of incorporating the amendment to s.
97	435.04, F.S., in a reference thereto; correcting a cross
98	reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
99	400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
100	400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
101	(f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
102	(3), 744.3135, and 985.04(2), F.S., relating to denial,
103	revocation, or suspension of license to operate an
104	assisted living facility; background screening
105	requirements for certain personnel employed by assisted
106	living facilities; registration of particular home health
107	care service providers; denial, suspension, or revocation
108	of license to operate adult day care centers; background
109	screening requirements for certain hospice personnel;
110	background screening requirements for registrants of the
111	health care service pools; the definition of "screening"
112	in connection with the licensure of family foster homes,
113	residential child-caring agencies, and child-placing
114	agencies; background screening requirements of Medicaid
115	providers; employment of persons in positions requiring
116	background screening; credit and criminal investigations
117	of guardians; oaths, records, and confidential information
118	pertaining to juvenile offenders, respectively, for the
119	purpose of incorporating the amendments to ss. 435.03 and
120	435.04, F.S., in references thereto; reenacting ss.
121	400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
122	435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
123	985.407(4), F.S., relating to background screening of home
124	health agency personnel, nurse registry personnel,
125	companions, and homemakers; application and renewal of
126	adult family-care home provider licenses; relating to
127	denial, revocation, or suspension of adult family-care
128	home provider license; background screening of home
129	medical equipment provider personnel, background screening
130	requirements for certain persons responsible for managed
131	care plans; exemptions from disqualification from
132	employment; denial of nursing license and disciplinary
133	actions against such licensees; disqualification of
134	guardians; removal of guardians; background screening
135	requirements for certain Department of Juvenile Justice
136	personnel, respectively, for the purpose of incorporating
137	the amendment to s. 435.03, F.S., in references thereto;
138	reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
139	(c), 112.0455(12)(a), 381.0059(1), (2), and (4),
140	381.60225(1)(a), (b), (c), (d), (f), and (g),
141	383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
142	(b), (c), (d), (f), and (g), 394.875(13)(a), (b), (c),
143	(d), (f), and (g), 395.0055(1), (2), (3), (4), (6), and
144	(8), 395.0199(4)(a), (b), (c), (d), (f), and (g),
145	397.451(1)(a), 400.071(4)(a), (b), (c), (d), and (f),
146	400.471(4)(a), (b), (c), (d), (f), and (g), 400.506(2)(a),
147	(b), (c), (d), (f), and (g), 400.5572, 400.607(3)(a),
148	400.801(4)(a), (b), (c), (d), (f), and (g), 400.805(3)(a),
149	(b), (c), (d), (f), and (g), 400.906(5)(a), (b), (c), (d),
150	(f), and (g), 400.931(5)(a), (b), (c), (e), and (f),
151	400.962(10)(a), (b), (c), (d), and (f), 400.991(7)(b) and
152	(d), 402.302(2)(e), 402.305(2)(a), 402.3054(3),
153	483.30(2)(a), (b), (c), (d), (f), and (g), 483.101(2)(a),
154	(b), (c), (d), (f), and (g), 744.1085(5), 984.01(2)(b),
155	985.01(2)(b), 1002.36(7)(a) and (b), F.S., relating to
156	background screening requirements for certain Department
157	of Children and Family Services personnel; qualifications
158	of guardians ad litem; security checks of certain public
159	officers and employees; background screening requirements
160	of certain laboratory personnel in connection with the
161	Drug-Free Workplace Act; background screening requirements
162	for school health services personnel; background screening
163	of certain personnel of the public health system;
164	background screening and licensure of birth center
165	personnel; background screening and licensure of abortion
166	clinic personnel; background screening of mental health
167	personnel; background screening and licensure of personnel
168	of crisis stabilization units, residential treatment
169	facilities, and residential treatment centers for children
170	and adolescents; background screening and licensure of
171	personnel of hospitals, ambulatory surgical centers, and
172	mobile surgical facilities; background screening of
173	certain personnel in connection with registration for
174	private utilization reviews; background screening of
175	certain service provider personnel; background screening
176	and licensure of certain long-term care facility
177	personnel; background screening and licensure of certain
178	home health agency personnel; background screening and
179	licensure of nurse registry applicants; background
180	screening of certain adult day care center personnel;
181	denial or revocation of hospice license; background
182	screening and licensure of certain transitional living
183	facility personnel; background screening and licensure of
184	certain prescribed pediatric extended care center
185	personnel; background screening and licensure of certain
186	home medical equipment provider personnel; background
187	screening and licensure of certain personnel of
188	intermediate care facilities for the developmentally
189	disabled; background screening and licensure of health
190	care clinic personnel; the definition of "child care
191	facility" in connection with background screening of
192	operators; background screening requirements for personnel
193	of child care facilities; background screening
194	requirements for child enrichment service providers;
195	background screening and licensure of certain personnel of
196	multiphasic health testing centers; background screening
197	and licensure of certain clinical laboratory personnel;
198	regulation of professional guardians; background screening
199	of certain Department of Juvenile Justice and Department
200	of Children and Family Services personnel in connection
201	with programs for children and families in need of
202	services; background screening of certain Department of
203	Juvenile Justice and Department of Children and Family
204	Services personnel in connection with juvenile justice
205	programs, background screening of personnel of the Florida
206	School for the Deaf and the Blind, respectively, for the
207	purposes of incorporating the amendment to s. 435.04,
208	F.S., in references thereto; reenacting s. 943.0582(2)(a)
209	and (6), F.S., relating to prearrest, postarrest, or teen
210	court diversion program expunction for the purpose of
211	incorporating the amendments to ss. 943.0585 and 943.059,
212	F.S., in references thereto; reenacting s. 943.053(7),
213	(8), and (9), F.S., relating to dissemination of criminal
214	justice information, for the purpose of incorporating the
215	amendment to s. 943.059, F.S., in references thereto;
216	providing applicability; providing an effective date.
217
218	Be It Enacted by the Legislature of the State of Florida:
219
220	Section 1.  Section 393.135, Florida Statutes, is created
221	to read:
222	393.135  Sexual misconduct prohibited; reporting required;
223	penalties.--
224	(1)  As used in this section, the term:
225	(a)  "Employee" includes any paid staff member, volunteer,
226	or intern of the agency or the department; any person under
227	contract with the agency or the department; and any person
228	providing care or support to a client on behalf of the
229	department or its providers.
230	(b)  "Sexual activity" means:
231	1.  Fondling the genital area, groin, inner thighs,
232	buttocks, or breasts of a person.
233	2.  The oral, anal, or vaginal penetration by or union with
234	the sexual organ of another or the anal or vaginal penetration
235	of another by any other object.
236	3.  Intentionally touching in a lewd or lascivious manner
237	the breasts, genitals, the genital area, or buttocks, or the
238	clothing covering them, of a person, or forcing or enticing a
239	person to touch the perpetrator.
240	4.  Intentionally masturbating in the presence of another
241	person.
242	5.  Intentionally exposing the genitals in a lewd or
243	lascivious manner in the presence of another person.
244	6.  Intentionally committing any other sexual act that does
245	not involve actual physical or sexual contact with the victim,
246	including, but not limited to, sadomasochistic abuse, sexual
247	bestiality, or the simulation of any act involving sexual
248	activity in the presence of a victim.
249	(c)  "Sexual misconduct" means any sexual activity between
250	an employee and a client, regardless of the consent of the
251	client. The term does not include an act done for a bona fide
252	medical purpose or an internal search conducted in the lawful
253	performance of duty by an employee.
254	(2)  An employee who engages in sexual misconduct with an
255	individual with a developmental disability who:
256	(a)  Is in the custody of the department;
257	(b)  Resides in a residential facility, including any
258	comprehensive transitional education program, developmental
259	services institution, foster care facility, group home facility,
260	intermediate care facility for the developmentally disabled, or
261	residential habilitation center; or
262	(c)  Receives services from a family care program
263
264	commits a felony of the second degree, punishable as provided in
265	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
266	guilty of violating this subsection without having committed the
267	crime of sexual battery.
268	(3)  The consent of the client to sexual activity is not a
269	defense to prosecution under this section.
270	(4)  This section does not apply to an employee who:
271	(a)  Is legally married to the client; or
272	(b)  Has no reason to believe that the person with whom the
273	employee engaged in sexual misconduct is a client receiving
274	services as described in subsection (2).
275	(5)  An employee who witnesses sexual misconduct, or who
276	otherwise knows or has reasonable cause to suspect that a person
277	has engaged in sexual misconduct, shall immediately report the
278	incident to the department's central abuse hotline and to the
279	appropriate local law enforcement agency. Such employee shall
280	also prepare, date, and sign an independent report that
281	specifically describes the nature of the sexual misconduct, the
282	location and time of the incident, and the persons involved. The
283	employee shall deliver the report to the supervisor or program
284	director, who is responsible for providing copies to the
285	department's inspector general. The inspector general shall
286	immediately conduct an appropriate administrative investigation,
287	and, if there is probable cause to believe that sexual
288	misconduct has occurred, the inspector general shall notify the
289	state attorney in the circuit in which the incident occurred.
290	(6)(a)  Any person who is required to make a report under
291	this section and who knowingly or willfully fails to do so, or
292	who knowingly or willfully prevents another person from doing
293	so, commits a misdemeanor of the first degree, punishable as
294	provided in s. 775.082 or s. 775.083.
295	(b)  Any person who knowingly or willfully submits
296	inaccurate, incomplete, or untruthful information with respect
297	to a report required under this section commits a misdemeanor of
298	the first degree, punishable as provided in s. 775.082 or s.
299	775.083.
300	(c)  Any person who knowingly or willfully coerces or
301	threatens any other person with the intent to alter testimony or
302	a written report regarding an incident of sexual misconduct
303	commits a felony of the third degree, punishable as provided in
304	s. 775.082, s. 775.083, or s. 775.084.
305	Section 2.  Section 394.4593, Florida Statutes, is created
306	to read:
307	394.4593  Sexual misconduct prohibited; reporting required;
308	penalties.--
309	(1)  As used in this section, the term:
310	(a)  "Employee" includes any paid staff member, volunteer,
311	or intern of the department; any person under contract with the
312	department; and any person providing care or support to a client
313	on behalf of the department or its providers.
314	(b)  "Sexual activity" means:
315	1.  Fondling the genital area, groin, inner thighs,
316	buttocks, or breasts of a person.
317	2.  The oral, anal, or vaginal penetration by or union with
318	the sexual organ of another or the anal or vaginal penetration
319	of another by any other object.
320	3.  Intentionally touching in a lewd or lascivious manner
321	the breasts, genitals, the genital area, or buttocks, or the
322	clothing covering them, of a person, or forcing or enticing a
323	person to touch the perpetrator.
324	4.  Intentionally masturbating in the presence of another
325	person.
326	5.  Intentionally exposing the genitals in a lewd or
327	lascivious manner in the presence of another person.
328	6.  Intentionally committing any other sexual act that does
329	not involve actual physical or sexual contact with the victim,
330	including, but not limited to, sadomasochistic abuse, sexual
331	bestiality, or the simulation of any act involving sexual
332	activity in the presence of a victim.
333	(c)  "Sexual misconduct" means any sexual activity between
334	an employee and a patient, regardless of the consent of the
335	patient. The term does not include an act done for a bona fide
336	medical purpose or an internal search conducted in the lawful
337	performance of duty by an employee.
338	(2)  An employee who engages in sexual misconduct with a
339	patient who:
340	(a)  Is in the custody of the department; or
341	(b)  Resides in a receiving facility or a treatment
342	facility, as those terms are defined in s. 394.455,
343
344	commits a felony of the second degree, punishable as provided in
345	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
346	guilty of violating this subsection without having committed the
347	crime of sexual battery.
348	(3)  The consent of the patient to sexual activity is not a
349	defense to prosecution under this section.
350	(4)  This section does not apply to an employee who:
351	(a)  Is legally married to the patient; or
352	(b)  Has no reason to believe that the person with whom the
353	employee engaged in sexual misconduct is a patient receiving
354	services as described in subsection (2).
355	(5)  An employee who witnesses sexual misconduct, or who
356	otherwise knows or has reasonable cause to suspect that a person
357	has engaged in sexual misconduct, shall immediately report the
358	incident to the department's central abuse hotline and to the
359	appropriate local law enforcement agency. Such employee shall
360	also prepare, date, and sign an independent report that
361	specifically describes the nature of the sexual misconduct, the
362	location and time of the incident, and the persons involved. The
363	employee shall deliver the report to the supervisor or program
364	director, who is responsible for providing copies to the
365	department's inspector general. The inspector general shall
366	immediately conduct an appropriate administrative investigation,
367	and, if there is probable cause to believe that sexual
368	misconduct has occurred, the inspector general shall notify the
369	state attorney in the circuit in which the incident occurred.
370	(6)(a)  Any person who is required to make a report under
371	this section and who knowingly or willfully fails to do so, or
372	who knowingly or willfully prevents another person from doing
373	so, commits a misdemeanor of the first degree, punishable as
374	provided in s. 775.082 or s. 775.083.
375	(b)  Any person who knowingly or willfully submits
376	inaccurate, incomplete, or untruthful information with respect
377	to a report required under this section commits a misdemeanor of
378	the first degree, punishable as provided in s. 775.082 or s.
379	775.083.
380	(c)  Any person who knowingly or willfully coerces or
381	threatens any other person with the intent to alter testimony or
382	a written report regarding an incident of sexual misconduct
383	commits a felony of the third degree, punishable as provided in
384	s. 775.082, s. 775.083, or s. 775.084.
385	Section 3.  Section 916.1075, Florida Statutes, is created
386	to read:
387	916.1075  Sexual misconduct prohibited; reporting required;
388	penalties.--
389	(1)  As used in this section, the term:
390	(a)  "Employee" includes any paid staff member, volunteer,
391	or intern of the department; any person under contract with the
392	department; and any person providing care or support to a client
393	on behalf of the department or its providers.
394	(b)  "Sexual activity" means:
395	1.  Fondling the genital area, groin, inner thighs,
396	buttocks, or breasts of a person.
397	2.  The oral, anal, or vaginal penetration by or union with
398	the sexual organ of another or the anal or vaginal penetration
399	of another by any other object.
400	3.  Intentionally touching in a lewd or lascivious manner
401	the breasts, genitals, the genital area, or buttocks, or the
402	clothing covering them, of a person, or forcing or enticing a
403	person to touch the perpetrator.
404	4.  Intentionally masturbating in the presence of another
405	person.
406	5.  Intentionally exposing the genitals in a lewd or
407	lascivious manner in the presence of another person.
408	6.  Intentionally committing any other sexual act that does
409	not involve actual physical or sexual contact with the victim,
410	including, but not limited to, sadomasochistic abuse, sexual
411	bestiality, or the simulation of any act involving sexual
412	activity in the presence of a victim.
413	(c)  "Sexual misconduct" means any sexual activity between
414	an employee and a client, regardless of the consent of the
415	client. The term does not include an act done for a bona fide
416	medical purpose or an internal search conducted in the lawful
417	performance of duty by an employee.
418	(2)  An employee who engages in sexual misconduct with a
419	client who resides in a civil or forensic facility commits a
420	felony of the second degree, punishable as provided in s.
421	775.082, s. 775.083, or s. 775.084. An employee may be found
422	guilty of violating this subsection without having committed the
423	crime of sexual battery.
424	(3)  The consent of the client to sexual activity is not a
425	defense to prosecution under this section.
426	(4)  This section does not apply to an employee who:
427	(a)  Is legally married to the client; or
428	(b)  Has no reason to believe that the person with whom the
429	employee engaged in sexual misconduct is a client receiving
430	services as described in subsection (2).
431	(5)  An employee who witnesses sexual misconduct, or who
432	otherwise knows or has reasonable cause to suspect that a person
433	has engaged in sexual misconduct, shall immediately report the
434	incident to the department's central abuse hotline and to the
435	appropriate local law enforcement agency. Such employee shall
436	also prepare, date, and sign an independent report that
437	specifically describes the nature of the sexual misconduct, the
438	location and time of the incident, and the persons involved. The
439	employee shall deliver the report to the supervisor or program
440	director, who is responsible for providing copies to the
441	department's inspector general. The inspector general shall
442	immediately conduct an appropriate administrative investigation,
443	and, if there is probable cause to believe that sexual
444	misconduct has occurred, the inspector general shall notify the
445	state attorney in the circuit in which the incident occurred.
446	(6)(a)  Any person who is required to make a report under
447	this section and who knowingly or willfully fails to do so, or
448	who knowingly or willfully prevents another person from doing
449	so, commits a misdemeanor of the first degree, punishable as
450	provided in s. 775.082 or s. 775.083.
451	(b)  Any person who knowingly or willfully submits
452	inaccurate, incomplete, or untruthful information with respect
453	to a report required under this section commits a misdemeanor of
454	the first degree, punishable as provided in s. 775.082 or s.
455	775.083.
456	(c)  Any person who knowingly or willfully coerces or
457	threatens any other person with the intent to alter testimony or
458	a written report regarding an incident of sexual misconduct
459	commits a felony of the third degree, punishable as provided in
460	s. 775.082, s. 775.083, or s. 775.084.
461	Section 4.  Subsection (2) of section 435.03, Florida
462	Statutes, is amended to read:
463	435.03  Level 1 screening standards.--
464	(2)  Any person for whom employment screening is required
465	by statute must not have been found guilty of, regardless of
466	adjudication, or entered a plea of nolo contendere or guilty to,
467	any offense prohibited under any of the following provisions of
468	the Florida Statutes or under any similar statute of another
469	jurisdiction:
470	(a)  Section 393.135, relating to sexual misconduct with
471	certain developmentally disabled clients and reporting of such
472	sexual misconduct.
473	(b)  Section 394.4593, relating to sexual misconduct with
474	certain mental health patients and reporting of such sexual
475	misconduct.
476	(c)(a)  Section 415.111, relating to abuse, neglect, or
477	exploitation of a vulnerable adult.
478	(d)(b)  Section 782.04, relating to murder.
479	(e)(c)  Section 782.07, relating to manslaughter,
480	aggravated manslaughter of an elderly person or disabled adult,
481	or aggravated manslaughter of a child.
482	(f)(d)  Section 782.071, relating to vehicular homicide.
483	(g)(e)  Section 782.09, relating to killing of an unborn
484	child by injury to the mother.
485	(h)(f)  Section 784.011, relating to assault, if the victim
486	of the offense was a minor.
487	(i)(g)  Section 784.021, relating to aggravated assault.
488	(j)(h)  Section 784.03, relating to battery, if the victim
489	of the offense was a minor.
490	(k)(i)  Section 784.045, relating to aggravated battery.
491	(l)(j)  Section 787.01, relating to kidnapping.
492	(m)(k)  Section 787.02, relating to false imprisonment.
493	(n)(l)  Section 794.011, relating to sexual battery.
494	(o)(m)  Former s. 794.041, relating to prohibited acts of
495	persons in familial or custodial authority.
496	(p)(n)  Chapter 796, relating to prostitution.
497	(q)(o)  Section 798.02, relating to lewd and lascivious
498	behavior.
499	(r)(p)  Chapter 800, relating to lewdness and indecent
500	exposure.
501	(s)(q)  Section 806.01, relating to arson.
502	(t)(r)  Chapter 812, relating to theft, robbery, and
503	related crimes, if the offense was a felony.
504	(u)(s)  Section 817.563, relating to fraudulent sale of
505	controlled substances, only if the offense was a felony.
506	(v)(t)  Section 825.102, relating to abuse, aggravated
507	abuse, or neglect of an elderly person or disabled adult.
508	(w)(u)  Section 825.1025, relating to lewd or lascivious
509	offenses committed upon or in the presence of an elderly person
510	or disabled adult.
511	(x)(v)  Section 825.103, relating to exploitation of an
512	elderly person or disabled adult, if the offense was a felony.
513	(y)(w)  Section 826.04, relating to incest.
514	(z)(x)  Section 827.03, relating to child abuse, aggravated
515	child abuse, or neglect of a child.
516	(aa)(y)  Section 827.04, relating to contributing to the
517	delinquency or dependency of a child.
518	(bb)(z)  Former s. 827.05, relating to negligent treatment
519	of children.
520	(cc)(aa)  Section 827.071, relating to sexual performance
521	by a child.
522	(dd)(bb)  Chapter 847, relating to obscene literature.
523	(ee)(cc)  Chapter 893, relating to drug abuse prevention
524	and control, only if the offense was a felony or if any other
525	person involved in the offense was a minor.
526	(ff)  Section 916.0175, relating to sexual misconduct with
527	certain forensic clients and reporting of such sexual
528	misconduct.
529	Section 5.  Subsection (2) of section 435.04, Florida
530	Statutes, is amended to read:
531	435.04  Level 2 screening standards.--
532	(2)  The security background investigations under this
533	section must ensure that no persons subject to the provisions of
534	this section have been found guilty of, regardless of
535	adjudication, or entered a plea of nolo contendere or guilty to,
536	any offense prohibited under any of the following provisions of
537	the Florida Statutes or under any similar statute of another
538	jurisdiction:
539	(a)  Section 393.135, relating to sexual misconduct with
540	certain developmentally disabled clients and reporting of such
541	sexual misconduct.
542	(b)  Section 394.4593, relating to sexual misconduct with
543	certain mental health patients and reporting of such sexual
544	misconduct.
545	(c)(a)  Section 415.111, relating to adult abuse, neglect,
546	or exploitation of aged persons or disabled adults.
547	(d)(b)  Section 782.04, relating to murder.
548	(e)(c)  Section 782.07, relating to manslaughter,
549	aggravated manslaughter of an elderly person or disabled adult,
550	or aggravated manslaughter of a child.
551	(f)(d)  Section 782.071, relating to vehicular homicide.
552	(g)(e)  Section 782.09, relating to killing of an unborn
553	child by injury to the mother.
554	(h)(f)  Section 784.011, relating to assault, if the victim
555	of the offense was a minor.
556	(i)(g)  Section 784.021, relating to aggravated assault.
557	(j)(h)  Section 784.03, relating to battery, if the victim
558	of the offense was a minor.
559	(k)(i)  Section 784.045, relating to aggravated battery.
560	(l)(j)  Section 784.075, relating to battery on a detention
561	or commitment facility staff.
562	(m)(k)  Section 787.01, relating to kidnapping.
563	(n)(l)  Section 787.02, relating to false imprisonment.
564	(o)(m)  Section 787.04(2), relating to taking, enticing, or
565	removing a child beyond the state limits with criminal intent
566	pending custody proceedings.
567	(p)(n)  Section 787.04(3), relating to carrying a child
568	beyond the state lines with criminal intent to avoid producing a
569	child at a custody hearing or delivering the child to the
570	designated person.
571	(q)(o)  Section 790.115(1), relating to exhibiting firearms
572	or weapons within 1,000 feet of a school.
573	(r)(p)  Section 790.115(2)(b), relating to possessing an
574	electric weapon or device, destructive device, or other weapon
575	on school property.
576	(s)(q)  Section 794.011, relating to sexual battery.
577	(t)(r)  Former s. 794.041, relating to prohibited acts of
578	persons in familial or custodial authority.
579	(u)(s)  Chapter 796, relating to prostitution.
580	(v)(t)  Section 798.02, relating to lewd and lascivious
581	behavior.
582	(w)(u)  Chapter 800, relating to lewdness and indecent
583	exposure.
584	(x)(v)  Section 806.01, relating to arson.
585	(y)(w)  Chapter 812, relating to theft, robbery, and
586	related crimes, if the offense is a felony.
587	(z)(x)  Section 817.563, relating to fraudulent sale of
588	controlled substances, only if the offense was a felony.
589	(aa)(y)  Section 825.102, relating to abuse, aggravated
590	abuse, or neglect of an elderly person or disabled adult.
591	(bb)(z)  Section 825.1025, relating to lewd or lascivious
592	offenses committed upon or in the presence of an elderly person
593	or disabled adult.
594	(cc)(aa)  Section 825.103, relating to exploitation of an
595	elderly person or disabled adult, if the offense was a felony.
596	(dd)(bb)  Section 826.04, relating to incest.
597	(ee)(cc)  Section 827.03, relating to child abuse,
598	aggravated child abuse, or neglect of a child.
599	(ff)(dd)  Section 827.04, relating to contributing to the
600	delinquency or dependency of a child.
601	(gg)(ee)  Former s. 827.05, relating to negligent treatment
602	of children.
603	(hh)(ff)  Section 827.071, relating to sexual performance
604	by a child.
605	(ii)(gg)  Section 843.01, relating to resisting arrest with
606	violence.
607	(jj)(hh)  Section 843.025, relating to depriving a law
608	enforcement, correctional, or correctional probation officer
609	means of protection or communication.
610	(kk)(ii)  Section 843.12, relating to aiding in an escape.
611	(ll)(jj)  Section 843.13, relating to aiding in the escape
612	of juvenile inmates in correctional institutions.
613	(mm)(kk)  Chapter 847, relating to obscene literature.
614	(nn)(ll)  Section 874.05(1), relating to encouraging or
615	recruiting another to join a criminal gang.
616	(oo)(mm)  Chapter 893, relating to drug abuse prevention
617	and control, only if the offense was a felony or if any other
618	person involved in the offense was a minor.
619	(pp)  Section 916.0175, relating to sexual misconduct with
620	certain forensic clients and reporting of such sexual
621	misconduct.
622	(qq)(nn)  Section 944.35(3), relating to inflicting cruel
623	or inhuman treatment on an inmate resulting in great bodily
624	harm.
625	(rr)(oo)  Section 944.46, relating to harboring,
626	concealing, or aiding an escaped prisoner.
627	(ss)(pp)  Section 944.47, relating to introduction of
628	contraband into a correctional facility.
629	(tt)(qq)  Section 985.4045, relating to sexual misconduct
630	in juvenile justice programs.
631	(uu)(rr)  Section 985.4046, relating to contraband
632	introduced into detention facilities.
633	Section 6.  Subsection (1) of section 393.0655, Florida
634	Statutes, is amended to read:
635	393.0655  Screening of direct service providers.--
636	(1)  MINIMUM STANDARDS.--The department shall require
637	employment screening pursuant to chapter 435, using the level 2
638	standards for screening set forth in that chapter, for direct
639	service providers who are unrelated to their clients. For
640	purposes of this chapter, employment screening of direct service
641	providers shall also include, but is not limited to, employment
642	screening as provided under chapter 435.
643	Section 7.  Subsection (3) of section 393.067, Florida
644	Statutes, is amended and for the purpose of incorporating the
645	amendment to section 435.04, Florida Statutes, in references
646	thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
647	subsection (6) of said section are reenacted, to read:
648	393.067  Licensure of residential facilities and
649	comprehensive transitional education programs.--
650	(3)  An application for a license for a residential
651	facility or a comprehensive transitional education program shall
652	be made to the Department of Children and Family Services on a
653	form furnished by it and shall be accompanied by the appropriate
654	license fee. A license issued to a residential facility or a
655	comprehensive transitional education program, as described in
656	this section, is not a professional license of any individual.
657	Receipt of a license under this section shall not create a
658	property right in the recipient of such license. A license under
659	this section is a public trust and a privilege and is not an
660	entitlement. This privilege must guide the finder of fact or
661	trier of law at any administrative proceeding or court action
662	initiated by the department.
663	(6)  Each applicant for licensure as an intermediate care
664	facility for the developmentally disabled must comply with the
665	following requirements:
666	(a)  Upon receipt of a completed, signed, and dated
667	application, the agency shall require background screening, in
668	accordance with the level 2 standards for screening set forth in
669	chapter 435, of the managing employee, or other similarly titled
670	individual who is responsible for the daily operation of the
671	facility, and of the financial officer, or other similarly
672	titled individual who is responsible for the financial operation
673	of the center, including billings for resident care and
674	services. The applicant must comply with the procedures for
675	level 2 background screening as set forth in chapter 435, as
676	well as the requirements of s. 435.03(3).
677	(b)  The agency may require background screening of any
678	other individual who is an applicant if the agency has probable
679	cause to believe that he or she has been convicted of a crime or
680	has committed any other offense prohibited under the level 2
681	standards for screening set forth in chapter 435.
682	(c)  Proof of compliance with the level 2 background
683	screening requirements of chapter 435 which has been submitted
684	within the previous 5 years in compliance with any other health
685	care licensure requirements of this state is acceptable in
686	fulfillment of the requirements of paragraph (a).
687	(d)  A provisional license may be granted to an applicant
688	when each individual required by this section to undergo
689	background screening has met the standards for the Department of
690	Law Enforcement background check, but the agency has not yet
691	received background screening results from the Federal Bureau of
692	Investigation, or a request for a disqualification exemption has
693	been submitted to the agency as set forth in chapter 435, but a
694	response has not yet been issued. A standard license may be
695	granted to the applicant upon the agency's receipt of a report
696	of the results of the Federal Bureau of Investigation background
697	screening for each individual required by this section to
698	undergo background screening which confirms that all standards
699	have been met, or upon the granting of a disqualification
700	exemption by the agency as set forth in chapter 435. Any other
701	person who is required to undergo level 2 background screening
702	may serve in his or her capacity pending the agency's receipt of
703	the report from the Federal Bureau of Investigation. However,
704	the person may not continue to serve if the report indicates any
705	violation of background screening standards and a
706	disqualification exemption has not been requested of and granted
707	by the agency as set forth in chapter 435.
708	(f)  Each applicant must submit to the agency a description
709	and explanation of any conviction of an offense prohibited under
710	the level 2 standards of chapter 435 by a member of the board of
711	directors of the applicant, its officers, or any individual
712	owning 5 percent or more of the applicant. This requirement does
713	not apply to a director of a not-for-profit corporation or
714	organization if the director serves solely in a voluntary
715	capacity for the corporation or organization, does not regularly
716	take part in the day-to-day operational decisions of the
717	corporation or organization, receives no remuneration for his or
718	her services on the corporation or organization's board of
719	directors, and has no financial interest and has no family
720	members with a financial interest in the corporation or
721	organization, provided that the director and the not-for-profit
722	corporation or organization include in the application a
723	statement affirming that the director's relationship to the
724	corporation satisfies the requirements of this paragraph.
725	(g)  A license may not be granted to an applicant if the
726	applicant or managing employee has been found guilty of,
727	regardless of adjudication, or has entered a plea of nolo
728	contendere or guilty to, any offense prohibited under the level
729	2 standards for screening set forth in chapter 435, unless an
730	exemption from disqualification has been granted by the agency
731	as set forth in chapter 435.
732	Section 8.  Paragraph (a) of subsection (1) of section
733	394.4572, Florida Statutes, is amended to read:
734	394.4572  Screening of mental health personnel.--
735	(1)(a)  The department and the Agency for Health Care
736	Administration shall require employment screening for mental
737	health personnel using the standards for level 2 screening set
738	forth in chapter 435. "Mental health personnel" includes all
739	program directors, professional clinicians, staff members, and
740	volunteers working in public or private mental health programs
741	and facilities who have direct contact with unmarried patients
742	under the age of 18 years. For purposes of this chapter,
743	employment screening of mental health personnel shall also
744	include, but is not limited to, employment screening as provided
745	under chapter 435.
746	Section 9.  Section 943.0585, Florida Statutes, is amended
747	to read:
748	943.0585  Court-ordered expunction of criminal history
749	records.--The courts of this state have jurisdiction over their
750	own procedures, including the maintenance, expunction, and
751	correction of judicial records containing criminal history
752	information to the extent such procedures are not inconsistent
753	with the conditions, responsibilities, and duties established by
754	this section. Any court of competent jurisdiction may order a
755	criminal justice agency to expunge the criminal history record
756	of a minor or an adult who complies with the requirements of
757	this section. The court shall not order a criminal justice
758	agency to expunge a criminal history record until the person
759	seeking to expunge a criminal history record has applied for and
760	received a certificate of eligibility for expunction pursuant to
761	subsection (2). A criminal history record that relates to a
762	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
763	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
764	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
765	s. 916.1075, or a violation enumerated in s. 907.041 may not be
766	expunged, without regard to whether adjudication was withheld,
767	if the defendant was found guilty of or pled guilty or nolo
768	contendere to the offense, or if the defendant, as a minor, was
769	found to have committed, or pled guilty or nolo contendere to
770	committing, the offense as a delinquent act. The court may only
771	order expunction of a criminal history record pertaining to one
772	arrest or one incident of alleged criminal activity, except as
773	provided in this section. The court may, at its sole discretion,
774	order the expunction of a criminal history record pertaining to
775	more than one arrest if the additional arrests directly relate
776	to the original arrest. If the court intends to order the
777	expunction of records pertaining to such additional arrests,
778	such intent must be specified in the order. A criminal justice
779	agency may not expunge any record pertaining to such additional
780	arrests if the order to expunge does not articulate the
781	intention of the court to expunge a record pertaining to more
782	than one arrest. This section does not prevent the court from
783	ordering the expunction of only a portion of a criminal history
784	record pertaining to one arrest or one incident of alleged
785	criminal activity. Notwithstanding any law to the contrary, a
786	criminal justice agency may comply with laws, court orders, and
787	official requests of other jurisdictions relating to expunction,
788	correction, or confidential handling of criminal history records
789	or information derived therefrom. This section does not confer
790	any right to the expunction of any criminal history record, and
791	any request for expunction of a criminal history record may be
792	denied at the sole discretion of the court.
793	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
794	petition to a court to expunge a criminal history record is
795	complete only when accompanied by:
796	(a)  A certificate of eligibility for expunction issued by
797	the department pursuant to subsection (2).
798	(b)  The petitioner's sworn statement attesting that the
799	petitioner:
800	1.  Has never, prior to the date on which the petition is
801	filed, been adjudicated guilty of a criminal offense or
802	comparable ordinance violation or adjudicated delinquent for
803	committing a felony or a misdemeanor specified in s.
804	943.051(3)(b).
805	2.  Has not been adjudicated guilty of, or adjudicated
806	delinquent for committing, any of the acts stemming from the
807	arrest or alleged criminal activity to which the petition
808	pertains.
809	3.  Has never secured a prior sealing or expunction of a
810	criminal history record under this section, former s. 893.14,
811	former s. 901.33, or former s. 943.058, or from any jurisdiction
812	outside the state.
813	4.  Is eligible for such an expunction to the best of his
814	or her knowledge or belief and does not have any other petition
815	to expunge or any petition to seal pending before any court.
816
817	Any person who knowingly provides false information on such
818	sworn statement to the court commits a felony of the third
819	degree, punishable as provided in s. 775.082, s. 775.083, or s.
820	775.084.
821	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
822	petitioning the court to expunge a criminal history record, a
823	person seeking to expunge a criminal history record shall apply
824	to the department for a certificate of eligibility for
825	expunction. The department shall, by rule adopted pursuant to
826	chapter 120, establish procedures pertaining to the application
827	for and issuance of certificates of eligibility for expunction.
828	The department shall issue a certificate of eligibility for
829	expunction to a person who is the subject of a criminal history
830	record if that person:
831	(a)  Has obtained, and submitted to the department, a
832	written, certified statement from the appropriate state attorney
833	or statewide prosecutor which indicates:
834	1.  That an indictment, information, or other charging
835	document was not filed or issued in the case.
836	2.  That an indictment, information, or other charging
837	document, if filed or issued in the case, was dismissed or nolle
838	prosequi by the state attorney or statewide prosecutor, or was
839	dismissed by a court of competent jurisdiction.
840	3.  That the criminal history record does not relate to a
841	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
842	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
843	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
844	s. 916.1075, or a violation enumerated in s. 907.041, where the
845	defendant was found guilty of, or pled guilty or nolo contendere
846	to any such offense, or that the defendant, as a minor, was
847	found to have committed, or pled guilty or nolo contendere to
848	committing, such an offense as a delinquent act, without regard
849	to whether adjudication was withheld.
850	(b)  Remits a $75 processing fee to the department for
851	placement in the Department of Law Enforcement Operating Trust
852	Fund, unless such fee is waived by the executive director.
853	(c)  Has submitted to the department a certified copy of
854	the disposition of the charge to which the petition to expunge
855	pertains.
856	(d)  Has never, prior to the date on which the application
857	for a certificate of eligibility is filed, been adjudicated
858	guilty of a criminal offense or comparable ordinance violation
859	or adjudicated delinquent for committing a felony or a
860	misdemeanor specified in s. 943.051(3)(b).
861	(e)  Has not been adjudicated guilty of, or adjudicated
862	delinquent for committing, any of the acts stemming from the
863	arrest or alleged criminal activity to which the petition to
864	expunge pertains.
865	(f)  Has never secured a prior sealing or expunction of a
866	criminal history record under this section, former s. 893.14,
867	former s. 901.33, or former s. 943.058.
868	(g)  Is no longer under court supervision applicable to the
869	disposition of the arrest or alleged criminal activity to which
870	the petition to expunge pertains.
871	(h)  Is not required to wait a minimum of 10 years prior to
872	being eligible for an expunction of such records because all
873	charges related to the arrest or criminal activity to which the
874	petition to expunge pertains were dismissed prior to trial,
875	adjudication, or the withholding of adjudication. Otherwise,
876	such criminal history record must be sealed under this section,
877	former s. 893.14, former s. 901.33, or former s. 943.058 for at
878	least 10 years before such record is eligible for expunction.
879	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
880	(a)  In judicial proceedings under this section, a copy of
881	the completed petition to expunge shall be served upon the
882	appropriate state attorney or the statewide prosecutor and upon
883	the arresting agency; however, it is not necessary to make any
884	agency other than the state a party. The appropriate state
885	attorney or the statewide prosecutor and the arresting agency
886	may respond to the court regarding the completed petition to
887	expunge.
888	(b)  If relief is granted by the court, the clerk of the
889	court shall certify copies of the order to the appropriate state
890	attorney or the statewide prosecutor and the arresting agency.
891	The arresting agency is responsible for forwarding the order to
892	any other agency to which the arresting agency disseminated the
893	criminal history record information to which the order pertains.
894	The department shall forward the order to expunge to the Federal
895	Bureau of Investigation. The clerk of the court shall certify a
896	copy of the order to any other agency which the records of the
897	court reflect has received the criminal history record from the
898	court.
899	(c)  For an order to expunge entered by a court prior to
900	July 1, 1992, the department shall notify the appropriate state
901	attorney or statewide prosecutor of an order to expunge which is
902	contrary to law because the person who is the subject of the
903	record has previously been convicted of a crime or comparable
904	ordinance violation or has had a prior criminal history record
905	sealed or expunged. Upon receipt of such notice, the appropriate
906	state attorney or statewide prosecutor shall take action, within
907	60 days, to correct the record and petition the court to void
908	the order to expunge. The department shall seal the record until
909	such time as the order is voided by the court.
910	(d)  On or after July 1, 1992, the department or any other
911	criminal justice agency is not required to act on an order to
912	expunge entered by a court when such order does not comply with
913	the requirements of this section. Upon receipt of such an order,
914	the department must notify the issuing court, the appropriate
915	state attorney or statewide prosecutor, the petitioner or the
916	petitioner's attorney, and the arresting agency of the reason
917	for noncompliance. The appropriate state attorney or statewide
918	prosecutor shall take action within 60 days to correct the
919	record and petition the court to void the order. No cause of
920	action, including contempt of court, shall arise against any
921	criminal justice agency for failure to comply with an order to
922	expunge when the petitioner for such order failed to obtain the
923	certificate of eligibility as required by this section or such
924	order does not otherwise comply with the requirements of this
925	section.
926	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
927	criminal history record of a minor or an adult which is ordered
928	expunged by a court of competent jurisdiction pursuant to this
929	section must be physically destroyed or obliterated by any
930	criminal justice agency having custody of such record; except
931	that any criminal history record in the custody of the
932	department must be retained in all cases. A criminal history
933	record ordered expunged that is retained by the department is
934	confidential and exempt from the provisions of s. 119.07(1) and
935	s. 24(a), Art. I of the State Constitution and not available to
936	any person or entity except upon order of a court of competent
937	jurisdiction. A criminal justice agency may retain a notation
938	indicating compliance with an order to expunge.
939	(a)  The person who is the subject of a criminal history
940	record that is expunged under this section or under other
941	provisions of law, including former s. 893.14, former s. 901.33,
942	and former s. 943.058, may lawfully deny or fail to acknowledge
943	the arrests covered by the expunged record, except when the
944	subject of the record:
945	1.  Is a candidate for employment with a criminal justice
946	agency;
947	2.  Is a defendant in a criminal prosecution;
948	3.  Concurrently or subsequently petitions for relief under
949	this section or s. 943.059;
950	4.  Is a candidate for admission to The Florida Bar;
951	5.  Is seeking to be employed or licensed by or to contract
952	with the Department of Children and Family Services or the
953	Department of Juvenile Justice or to be employed or used by such
954	contractor or licensee in a sensitive position having direct
955	contact with children, the developmentally disabled, the aged,
956	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
957	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
958	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
959	985.407, or chapter 400; or
960	6.  Is seeking to be employed or licensed by the Office of
961	Teacher Education, Certification, Staff Development, and
962	Professional Practices of the Department of Education, any
963	district school board, or any local governmental entity that
964	licenses child care facilities.
965	(b)  Subject to the exceptions in paragraph (a), a person
966	who has been granted an expunction under this section, former s.
967	893.14, former s. 901.33, or former s. 943.058 may not be held
968	under any provision of law of this state to commit perjury or to
969	be otherwise liable for giving a false statement by reason of
970	such person's failure to recite or acknowledge an expunged
971	criminal history record.
972	(c)  Information relating to the existence of an expunged
973	criminal history record which is provided in accordance with
974	paragraph (a) is confidential and exempt from the provisions of
975	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
976	except that the department shall disclose the existence of a
977	criminal history record ordered expunged to the entities set
978	forth in subparagraphs (a)1., 4., 5., and 6. for their
979	respective licensing and employment purposes, and to criminal
980	justice agencies for their respective criminal justice purposes.
981	It is unlawful for any employee of an entity set forth in
982	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
983	subparagraph (a)6. to disclose information relating to the
984	existence of an expunged criminal history record of a person
985	seeking employment or licensure with such entity or contractor,
986	except to the person to whom the criminal history record relates
987	or to persons having direct responsibility for employment or
988	licensure decisions. Any person who violates this paragraph
989	commits a misdemeanor of the first degree, punishable as
990	provided in s. 775.082 or s. 775.083.
991	(5)  STATUTORY REFERENCES.--Any reference to any other
992	chapter, section, or subdivision of the Florida Statutes in this
993	section constitutes a general reference under the doctrine of
994	incorporation by reference.
995	Section 10.  Section 943.059, Florida Statutes, is amended
996	to read:
997	943.059  Court-ordered sealing of criminal history
998	records.--The courts of this state shall continue to have
999	jurisdiction over their own procedures, including the
1000	maintenance, sealing, and correction of judicial records
1001	containing criminal history information to the extent such
1002	procedures are not inconsistent with the conditions,
1003	responsibilities, and duties established by this section. Any
1004	court of competent jurisdiction may order a criminal justice
1005	agency to seal the criminal history record of a minor or an
1006	adult who complies with the requirements of this section. The
1007	court shall not order a criminal justice agency to seal a
1008	criminal history record until the person seeking to seal a
1009	criminal history record has applied for and received a
1010	certificate of eligibility for sealing pursuant to subsection
1011	(2). A criminal history record that relates to a violation of s.
1012	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1013	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1014	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1015	a violation enumerated in s. 907.041 may not be sealed, without
1016	regard to whether adjudication was withheld, if the defendant
1017	was found guilty of or pled guilty or nolo contendere to the
1018	offense, or if the defendant, as a minor, was found to have
1019	committed or pled guilty or nolo contendere to committing the
1020	offense as a delinquent act. The court may only order sealing of
1021	a criminal history record pertaining to one arrest or one
1022	incident of alleged criminal activity, except as provided in
1023	this section. The court may, at its sole discretion, order the
1024	sealing of a criminal history record pertaining to more than one
1025	arrest if the additional arrests directly relate to the original
1026	arrest. If the court intends to order the sealing of records
1027	pertaining to such additional arrests, such intent must be
1028	specified in the order. A criminal justice agency may not seal
1029	any record pertaining to such additional arrests if the order to
1030	seal does not articulate the intention of the court to seal
1031	records pertaining to more than one arrest. This section does
1032	not prevent the court from ordering the sealing of only a
1033	portion of a criminal history record pertaining to one arrest or
1034	one incident of alleged criminal activity. Notwithstanding any
1035	law to the contrary, a criminal justice agency may comply with
1036	laws, court orders, and official requests of other jurisdictions
1037	relating to sealing, correction, or confidential handling of
1038	criminal history records or information derived therefrom. This
1039	section does not confer any right to the sealing of any criminal
1040	history record, and any request for sealing a criminal history
1041	record may be denied at the sole discretion of the court.
1042	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1043	petition to a court to seal a criminal history record is
1044	complete only when accompanied by:
1045	(a)  A certificate of eligibility for sealing issued by the
1046	department pursuant to subsection (2).
1047	(b)  The petitioner's sworn statement attesting that the
1048	petitioner:
1049	1.  Has never, prior to the date on which the petition is
1050	filed, been adjudicated guilty of a criminal offense or
1051	comparable ordinance violation or adjudicated delinquent for
1052	committing a felony or a misdemeanor specified in s.
1053	943.051(3)(b).
1054	2.  Has not been adjudicated guilty of or adjudicated
1055	delinquent for committing any of the acts stemming from the
1056	arrest or alleged criminal activity to which the petition to
1057	seal pertains.
1058	3.  Has never secured a prior sealing or expunction of a
1059	criminal history record under this section, former s. 893.14,
1060	former s. 901.33, former s. 943.058, or from any jurisdiction
1061	outside the state.
1062	4.  Is eligible for such a sealing to the best of his or
1063	her knowledge or belief and does not have any other petition to
1064	seal or any petition to expunge pending before any court.
1065
1066	Any person who knowingly provides false information on such
1067	sworn statement to the court commits a felony of the third
1068	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1069	775.084.
1070	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1071	petitioning the court to seal a criminal history record, a
1072	person seeking to seal a criminal history record shall apply to
1073	the department for a certificate of eligibility for sealing. The
1074	department shall, by rule adopted pursuant to chapter 120,
1075	establish procedures pertaining to the application for and
1076	issuance of certificates of eligibility for sealing. The
1077	department shall issue a certificate of eligibility for sealing
1078	to a person who is the subject of a criminal history record
1079	provided that such person:
1080	(a)  Has submitted to the department a certified copy of
1081	the disposition of the charge to which the petition to seal
1082	pertains.
1083	(b)  Remits a $75 processing fee to the department for
1084	placement in the Department of Law Enforcement Operating Trust
1085	Fund, unless such fee is waived by the executive director.
1086	(c)  Has never, prior to the date on which the application
1087	for a certificate of eligibility is filed, been adjudicated
1088	guilty of a criminal offense or comparable ordinance violation
1089	or adjudicated delinquent for committing a felony or a
1090	misdemeanor specified in s. 943.051(3)(b).
1091	(d)  Has not been adjudicated guilty of or adjudicated
1092	delinquent for committing any of the acts stemming from the
1093	arrest or alleged criminal activity to which the petition to
1094	seal pertains.
1095	(e)  Has never secured a prior sealing or expunction of a
1096	criminal history record under this section, former s. 893.14,
1097	former s. 901.33, or former s. 943.058.
1098	(f)  Is no longer under court supervision applicable to the
1099	disposition of the arrest or alleged criminal activity to which
1100	the petition to seal pertains.
1101	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1102	(a)  In judicial proceedings under this section, a copy of
1103	the completed petition to seal shall be served upon the
1104	appropriate state attorney or the statewide prosecutor and upon
1105	the arresting agency; however, it is not necessary to make any
1106	agency other than the state a party. The appropriate state
1107	attorney or the statewide prosecutor and the arresting agency
1108	may respond to the court regarding the completed petition to
1109	seal.
1110	(b)  If relief is granted by the court, the clerk of the
1111	court shall certify copies of the order to the appropriate state
1112	attorney or the statewide prosecutor and to the arresting
1113	agency. The arresting agency is responsible for forwarding the
1114	order to any other agency to which the arresting agency
1115	disseminated the criminal history record information to which
1116	the order pertains. The department shall forward the order to
1117	seal to the Federal Bureau of Investigation. The clerk of the
1118	court shall certify a copy of the order to any other agency
1119	which the records of the court reflect has received the criminal
1120	history record from the court.
1121	(c)  For an order to seal entered by a court prior to July
1122	1, 1992, the department shall notify the appropriate state
1123	attorney or statewide prosecutor of any order to seal which is
1124	contrary to law because the person who is the subject of the
1125	record has previously been convicted of a crime or comparable
1126	ordinance violation or has had a prior criminal history record
1127	sealed or expunged. Upon receipt of such notice, the appropriate
1128	state attorney or statewide prosecutor shall take action, within
1129	60 days, to correct the record and petition the court to void
1130	the order to seal. The department shall seal the record until
1131	such time as the order is voided by the court.
1132	(d)  On or after July 1, 1992, the department or any other
1133	criminal justice agency is not required to act on an order to
1134	seal entered by a court when such order does not comply with the
1135	requirements of this section. Upon receipt of such an order, the
1136	department must notify the issuing court, the appropriate state
1137	attorney or statewide prosecutor, the petitioner or the
1138	petitioner's attorney, and the arresting agency of the reason
1139	for noncompliance. The appropriate state attorney or statewide
1140	prosecutor shall take action within 60 days to correct the
1141	record and petition the court to void the order. No cause of
1142	action, including contempt of court, shall arise against any
1143	criminal justice agency for failure to comply with an order to
1144	seal when the petitioner for such order failed to obtain the
1145	certificate of eligibility as required by this section or when
1146	such order does not comply with the requirements of this
1147	section.
1148	(e)  An order sealing a criminal history record pursuant to
1149	this section does not require that such record be surrendered to
1150	the court, and such record shall continue to be maintained by
1151	the department and other criminal justice agencies.
1152	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1153	history record of a minor or an adult which is ordered sealed by
1154	a court of competent jurisdiction pursuant to this section is
1155	confidential and exempt from the provisions of s. 119.07(1) and
1156	s. 24(a), Art. I of the State Constitution and is available only
1157	to the person who is the subject of the record, to the subject's
1158	attorney, to criminal justice agencies for their respective
1159	criminal justice purposes, or to those entities set forth in
1160	subparagraphs (a)1., 4., 5., and 6. for their respective
1161	licensing and employment purposes.
1162	(a)  The subject of a criminal history record sealed under
1163	this section or under other provisions of law, including former
1164	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1165	deny or fail to acknowledge the arrests covered by the sealed
1166	record, except when the subject of the record:
1167	1.  Is a candidate for employment with a criminal justice
1168	agency;
1169	2.  Is a defendant in a criminal prosecution;
1170	3.  Concurrently or subsequently petitions for relief under
1171	this section or s. 943.0585;
1172	4.  Is a candidate for admission to The Florida Bar;
1173	5.  Is seeking to be employed or licensed by or to contract
1174	with the Department of Children and Family Services or the
1175	Department of Juvenile Justice or to be employed or used by such
1176	contractor or licensee in a sensitive position having direct
1177	contact with children, the developmentally disabled, the aged,
1178	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1179	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1180	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1181	(13), s. 985.407, or chapter 400; or
1182	6.  Is seeking to be employed or licensed by the Office of
1183	Teacher Education, Certification, Staff Development, and
1184	Professional Practices of the Department of Education, any
1185	district school board, or any local governmental entity which
1186	licenses child care facilities.
1187	(b)  Subject to the exceptions in paragraph (a), a person
1188	who has been granted a sealing under this section, former s.
1189	893.14, former s. 901.33, or former s. 943.058 may not be held
1190	under any provision of law of this state to commit perjury or to
1191	be otherwise liable for giving a false statement by reason of
1192	such person's failure to recite or acknowledge a sealed criminal
1193	history record.
1194	(c)  Information relating to the existence of a sealed
1195	criminal record provided in accordance with the provisions of
1196	paragraph (a) is confidential and exempt from the provisions of
1197	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1198	except that the department shall disclose the sealed criminal
1199	history record to the entities set forth in subparagraphs (a)1.,
1200	4., 5., and 6. for their respective licensing and employment
1201	purposes. It is unlawful for any employee of an entity set forth
1202	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1203	or subparagraph (a)6. to disclose information relating to the
1204	existence of a sealed criminal history record of a person
1205	seeking employment or licensure with such entity or contractor,
1206	except to the person to whom the criminal history record relates
1207	or to persons having direct responsibility for employment or
1208	licensure decisions. Any person who violates the provisions of
1209	this paragraph commits a misdemeanor of the first degree,
1210	punishable as provided in s. 775.082 or s. 775.083.
1211	(5)  STATUTORY REFERENCES.--Any reference to any other
1212	chapter, section, or subdivision of the Florida Statutes in this
1213	section constitutes a general reference under the doctrine of
1214	incorporation by reference.
1215	Section 11.  Paragraph (a) of subsection (2) of section
1216	400.215, Florida Statutes, is amended, and paragraphs (b) and
1217	(c) of subsection (2) and subsection (3) of said section are
1218	reenacted for the purpose of incorporating the amendments to
1219	sections 435.03 and 435.04, Florida Statutes, in references
1220	thereto, to read:
1221	400.215  Personnel screening requirement.--
1222	(2)  Employers and employees shall comply with the
1223	requirements of s. 435.05.
1224	(a)  Notwithstanding the provisions of s. 435.05(1),
1225	facilities must have in their possession evidence that level 1
1226	screening has been completed before allowing an employee to
1227	begin working with patients as provided in subsection (1). All
1228	information necessary for conducting background screening using
1229	level 1 standards as specified in s. 435.03(1) shall be
1230	submitted by the nursing facility to the agency. Results of the
1231	background screening shall be provided by the agency to the
1232	requesting nursing facility.
1233	(b)  Employees qualified under the provisions of paragraph
1234	(a) who have not maintained continuous residency within the
1235	state for the 5 years immediately preceding the date of request
1236	for background screening must complete level 2 screening, as
1237	provided in chapter 435. Such employees may work in a
1238	conditional status up to 180 days pending the receipt of written
1239	findings evidencing the completion of level 2 screening. Level 2
1240	screening shall not be required of employees or prospective
1241	employees who attest in writing under penalty of perjury that
1242	they meet the residency requirement. Completion of level 2
1243	screening shall require the employee or prospective employee to
1244	furnish to the nursing facility a full set of fingerprints to
1245	enable a criminal background investigation to be conducted. The
1246	nursing facility shall submit the completed fingerprint card to
1247	the agency. The agency shall establish a record of the request
1248	in the database provided for in paragraph (c) and forward the
1249	request to the Department of Law Enforcement, which is
1250	authorized to submit the fingerprints to the Federal Bureau of
1251	Investigation for a national criminal history records check. The
1252	results of the national criminal history records check shall be
1253	returned to the agency, which shall maintain the results in the
1254	database provided for in paragraph (c). The agency shall notify
1255	the administrator of the requesting nursing facility or the
1256	administrator of any other facility licensed under chapter 393,
1257	chapter 394, chapter 395, chapter 397, or this chapter, as
1258	requested by such facility, as to whether or not the employee
1259	has qualified under level 1 or level 2 screening. An employee or
1260	prospective employee who has qualified under level 2 screening
1261	and has maintained such continuous residency within the state
1262	shall not be required to complete a subsequent level 2 screening
1263	as a condition of employment at another facility.
1264	(c)  The agency shall establish and maintain a database of
1265	background screening information which shall include the results
1266	of both level 1 and level 2 screening. The Department of Law
1267	Enforcement shall timely provide to the agency, electronically,
1268	the results of each statewide screening for incorporation into
1269	the database. The agency shall, upon request from any facility,
1270	agency, or program required by or authorized by law to screen
1271	its employees or applicants, notify the administrator of the
1272	facility, agency, or program of the qualifying or disqualifying
1273	status of the employee or applicant named in the request.
1274	(3)  The applicant is responsible for paying the fees
1275	associated with obtaining the required screening. Payment for
1276	the screening shall be submitted to the agency. The agency shall
1277	establish a schedule of fees to cover the costs of level 1 and
1278	level 2 screening. Facilities may reimburse employees for these
1279	costs. The Department of Law Enforcement shall charge the agency
1280	for a level 1 or level 2 screening a rate sufficient to cover
1281	the costs of such screening pursuant to s. 943.053(3). The
1282	agency shall, as allowable, reimburse nursing facilities for the
1283	cost of conducting background screening as required by this
1284	section. This reimbursement will not be subject to any rate
1285	ceilings or payment targets in the Medicaid Reimbursement plan.
1286	Section 12.  For the purpose of incorporating the
1287	amendments to sections 435.03 and 435.04, Florida Statutes, in
1288	references thereto, subsections (1) and (2) of section 400.964,
1289	Florida Statutes, are reenacted, and subsection (7) of said
1290	section is amended and reenacted, to read:
1291	400.964  Personnel screening requirement.--
1292	(1)  The agency shall require level 2 background screening
1293	as provided in chapter 435 for all employees or prospective
1294	employees of facilities licensed under this part who are
1295	expected to be, or whose responsibilities are such that they
1296	would be considered to be, a direct service provider.
1297	(2)  Employers and employees shall comply with the
1298	requirements of chapter 435.
1299	(7)  All employees must comply with the requirements of
1300	this section by October 1, 2000. A person employed by a facility
1301	licensed pursuant to this part as of the effective date of this
1302	act is not required to submit to rescreening if the facility has
1303	in its possession written evidence that the person has been
1304	screened and qualified according to level 1 standards as
1305	specified in s. 435.03(1). Any current employee who meets the
1306	level 1 requirement but does not meet the 5-year residency
1307	requirement must provide to the employing facility written
1308	attestation under penalty of perjury that the employee has not
1309	been convicted of a disqualifying offense in another state or
1310	jurisdiction. All applicants hired on or after October 1, 1999,
1311	must comply with the requirements of this section.
1312	Section 13.  For the purpose of incorporating the amendment
1313	to section 435.04, Florida Statutes, in a reference thereto,
1314	paragraph (a) of subsection (1) of section 435.045, Florida
1315	Statutes, is amended and reenacted to read:
1316	435.045  Requirements for placement of dependent
1317	children.--
1318	(1)(a)  Unless an election provided for in subsection (2)
1319	is made with respect to the state, the department is authorized
1320	to conduct criminal records checks equivalent to the level 2
1321	screening required in s. 435.04(1) for any person being
1322	considered by the department for placement of a child subject to
1323	a placement decision pursuant to chapter 39. Approval shall not
1324	be granted:
1325	1.  In any case in which a record check reveals a felony
1326	conviction for child abuse, abandonment, or neglect; for spousal
1327	abuse; for a crime against children, including child
1328	pornography, or for a crime involving violence, including rape,
1329	sexual assault, or homicide but not including other physical
1330	assault or battery, if the department finds that a court of
1331	competent jurisdiction has determined that the felony was
1332	committed at any time; and
1333	2.  In any case in which a record check reveals a felony
1334	conviction for physical assault, battery, or a drug-related
1335	offense, if the department finds that a court of competent
1336	jurisdiction has determined that the felony was committed within
1337	the past 5 years.
1338	Section 14.  For the purpose of incorporating the
1339	amendments to sections 435.03 and 435.04, Florida Statutes, in
1340	references thereto, paragraphs (f) and (g) of subsection (1) of
1341	section 400.414, Florida Statutes, are reenacted to read:
1342	400.414  Denial, revocation, or suspension of license;
1343	imposition of administrative fine; grounds.--
1344	(1)  The agency may deny, revoke, or suspend any license
1345	issued under this part, or impose an administrative fine in the
1346	manner provided in chapter 120, for any of the following actions
1347	by an assisted living facility, for the actions of any person
1348	subject to level 2 background screening under s. 400.4174, or
1349	for the actions of any facility employee:
1350	(f)  A determination that a person subject to level 2
1351	background screening under s. 400.4174(1) does not meet the
1352	screening standards of s. 435.04 or that the facility is
1353	retaining an employee subject to level 1 background screening
1354	standards under s. 400.4174(2) who does not meet the screening
1355	standards of s. 435.03 and for whom exemptions from
1356	disqualification have not been provided by the agency.
1357	(g)  A determination that an employee, volunteer,
1358	administrator, or owner, or person who otherwise has access to
1359	the residents of a facility does not meet the criteria specified
1360	in s. 435.03(2), and the owner or administrator has not taken
1361	action to remove the person. Exemptions from disqualification
1362	may be granted as set forth in s. 435.07. No administrative
1363	action may be taken against the facility if the person is
1364	granted an exemption.
1365
1366	Administrative proceedings challenging agency action under this
1367	subsection shall be reviewed on the basis of the facts and
1368	conditions that resulted in the agency action.
1369	Section 15.  For the purpose of incorporating the
1370	amendments to sections 435.03 and 435.04, Florida Statutes, in
1371	references thereto, section 400.4174, Florida Statutes, is
1372	reenacted to read:
1373	400.4174  Background screening; exemptions.--
1374	(1)(a)  Level 2 background screening must be conducted on
1375	each of the following persons, who shall be considered employees
1376	for the purposes of conducting screening under chapter 435:
1377	1.  The facility owner if an individual, the administrator,
1378	and the financial officer.
1379	2.  An officer or board member if the facility owner is a
1380	firm, corporation, partnership, or association, or any person
1381	owning 5 percent or more of the facility if the agency has
1382	probable cause to believe that such person has been convicted of
1383	any offense prohibited by s. 435.04. For each officer, board
1384	member, or person owning 5 percent or more who has been
1385	convicted of any such offense, the facility shall submit to the
1386	agency a description and explanation of the conviction at the
1387	time of license application. This subparagraph does not apply to
1388	a board member of a not-for-profit corporation or organization
1389	if the board member serves solely in a voluntary capacity, does
1390	not regularly take part in the day-to-day operational decisions
1391	of the corporation or organization, receives no remuneration for
1392	his or her services, and has no financial interest and has no
1393	family members with a financial interest in the corporation or
1394	organization, provided that the board member and facility submit
1395	a statement affirming that the board member's relationship to
1396	the facility satisfies the requirements of this subparagraph.
1397	(b)  Proof of compliance with level 2 screening standards
1398	which has been submitted within the previous 5 years to meet any
1399	facility or professional licensure requirements of the agency or
1400	the Department of Health satisfies the requirements of this
1401	subsection, provided that such proof is accompanied, under
1402	penalty of perjury, by an affidavit of compliance with the
1403	provisions of chapter 435. Proof of compliance with the
1404	background screening requirements of the Financial Services
1405	Commission and the Office of Insurance Regulation for applicants
1406	for a certificate of authority to operate a continuing care
1407	retirement community under chapter 651, submitted within the
1408	last 5 years, satisfies the Department of Law Enforcement and
1409	Federal Bureau of Investigation portions of a level 2 background
1410	check.
1411	(c)  The agency may grant a provisional license to a
1412	facility applying for an initial license when each individual
1413	required by this subsection to undergo screening has completed
1414	the Department of Law Enforcement background checks, but has not
1415	yet received results from the Federal Bureau of Investigation,
1416	or when a request for an exemption from disqualification has
1417	been submitted to the agency pursuant to s. 435.07, but a
1418	response has not been issued.
1419	(2)  The owner or administrator of an assisted living
1420	facility must conduct level 1 background screening, as set forth
1421	in chapter 435, on all employees hired on or after October 1,
1422	1998, who perform personal services as defined in s.
1423	400.402(17). The agency may exempt an individual from employment
1424	disqualification as set forth in chapter 435. Such persons shall
1425	be considered as having met this requirement if:
1426	(a)  Proof of compliance with level 1 screening
1427	requirements obtained to meet any professional license
1428	requirements in this state is provided and accompanied, under
1429	penalty of perjury, by a copy of the person's current
1430	professional license and an affidavit of current compliance with
1431	the background screening requirements.
1432	(b)  The person required to be screened has been
1433	continuously employed in the same type of occupation for which
1434	the person is seeking employment without a breach in service
1435	which exceeds 180 days, and proof of compliance with the level 1
1436	screening requirement which is no more than 2 years old is
1437	provided. Proof of compliance shall be provided directly from
1438	one employer or contractor to another, and not from the person
1439	screened. Upon request, a copy of screening results shall be
1440	provided by the employer retaining documentation of the
1441	screening to the person screened.
1442	(c)  The person required to be screened is employed by a
1443	corporation or business entity or related corporation or
1444	business entity that owns, operates, or manages more than one
1445	facility or agency licensed under this chapter, and for whom a
1446	level 1 screening was conducted by the corporation or business
1447	entity as a condition of initial or continued employment.
1448	Section 16.  For the purpose of incorporating the
1449	amendments to sections 435.03 and 435.04, Florida Statutes, in
1450	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1451	of subsection (4) of section 400.509, Florida Statutes, are
1452	reenacted to read:
1453	400.509  Registration of particular service providers
1454	exempt from licensure; certificate of registration; regulation
1455	of registrants.--
1456	(4)  Each applicant for registration must comply with the
1457	following requirements:
1458	(a)  Upon receipt of a completed, signed, and dated
1459	application, the agency shall require background screening, in
1460	accordance with the level 1 standards for screening set forth in
1461	chapter 435, of every individual who will have contact with the
1462	client. The agency shall require background screening of the
1463	managing employee or other similarly titled individual who is
1464	responsible for the operation of the entity, and of the
1465	financial officer or other similarly titled individual who is
1466	responsible for the financial operation of the entity, including
1467	billings for client services in accordance with the level 2
1468	standards for background screening as set forth in chapter 435.
1469	(b)  The agency may require background screening of any
1470	other individual who is affiliated with the applicant if the
1471	agency has a reasonable basis for believing that he or she has
1472	been convicted of a crime or has committed any other offense
1473	prohibited under the level 2 standards for screening set forth
1474	in chapter 435.
1475	(c)  Proof of compliance with the level 2 background
1476	screening requirements of chapter 435 which has been submitted
1477	within the previous 5 years in compliance with any other health
1478	care or assisted living licensure requirements of this state is
1479	acceptable in fulfillment of paragraph (a).
1480	(d)  A provisional registration may be granted to an
1481	applicant when each individual required by this section to
1482	undergo background screening has met the standards for the
1483	abuse-registry background check through the agency and the
1484	Department of Law Enforcement background check, but the agency
1485	has not yet received background screening results from the
1486	Federal Bureau of Investigation. A standard registration may be
1487	granted to the applicant upon the agency's receipt of a report
1488	of the results of the Federal Bureau of Investigation background
1489	screening for each individual required by this section to
1490	undergo background screening which confirms that all standards
1491	have been met, or upon the granting of a disqualification
1492	exemption by the agency as set forth in chapter 435. Any other
1493	person who is required to undergo level 2 background screening
1494	may serve in his or her capacity pending the agency's receipt of
1495	the report from the Federal Bureau of Investigation. However,
1496	the person may not continue to serve if the report indicates any
1497	violation of background screening standards and if a
1498	disqualification exemption has not been requested of and granted
1499	by the agency as set forth in chapter 435.
1500	(f)  Each applicant must submit to the agency a description
1501	and explanation of any conviction of an offense prohibited under
1502	the level 2 standards of chapter 435 which was committed by a
1503	member of the board of directors of the applicant, its officers,
1504	or any individual owning 5 percent or more of the applicant.
1505	This requirement does not apply to a director of a not-for-
1506	profit corporation or organization who serves solely in a
1507	voluntary capacity for the corporation or organization, does not
1508	regularly take part in the day-to-day operational decisions of
1509	the corporation or organization, receives no remuneration for
1510	his or her services on the corporation's or organization's board
1511	of directors, and has no financial interest and no family
1512	members having a financial interest in the corporation or
1513	organization, if the director and the not-for-profit corporation
1514	or organization include in the application a statement affirming
1515	that the director's relationship to the corporation satisfies
1516	the requirements of this paragraph.
1517	(g)  A registration may not be granted to an applicant if
1518	the applicant or managing employee has been found guilty of,
1519	regardless of adjudication, or has entered a plea of nolo
1520	contendere or guilty to, any offense prohibited under the level
1521	2 standards for screening set forth in chapter 435, unless an
1522	exemption from disqualification has been granted by the agency
1523	as set forth in chapter 435.
1524	Section 17.  For the purpose of incorporating the
1525	amendments to sections 435.03 and 435.04, Florida Statutes, in
1526	references thereto, paragraph (c) of subsection (2) of section
1527	400.556, Florida Statutes, is reenacted to read:
1528	400.556  Denial, suspension, revocation of license;
1529	administrative fines; investigations and inspections.--
1530	(2)  Each of the following actions by the owner of an adult
1531	day care center or by its operator or employee is a ground for
1532	action by the agency against the owner of the center or its
1533	operator or employee:
1534	(c)  A failure of persons subject to level 2 background
1535	screening under s. 400.4174(1) to meet the screening standards
1536	of s. 435.04, or the retention by the center of an employee
1537	subject to level 1 background screening standards under s.
1538	400.4174(2) who does not meet the screening standards of s.
1539	435.03 and for whom exemptions from disqualification have not
1540	been provided by the agency.
1541	Section 18.  For the purpose of incorporating the
1542	amendments to sections 435.03 and 435.04, Florida Statutes, in
1543	references thereto, subsections (1), (2), and (4) of section
1544	400.6065, Florida Statutes, are reenacted to read:
1545	400.6065  Background screening.--
1546	(1)  Upon receipt of a completed application under s.
1547	400.606, the agency shall require level 2 background screening
1548	on each of the following persons, who shall be considered
1549	employees for the purposes of conducting screening under chapter
1550	435:
1551	(a)  The hospice administrator and financial officer.
1552	(b)  An officer or board member if the hospice is a firm,
1553	corporation, partnership, or association, or any person owning 5
1554	percent or more of the hospice if the agency has probable cause
1555	to believe that such officer, board member, or owner has been
1556	convicted of any offense prohibited by s. 435.04. For each
1557	officer, board member, or person owning 5 percent or more who
1558	has been convicted of any such offense, the hospice shall submit
1559	to the agency a description and explanation of the conviction at
1560	the time of license application. This paragraph does not apply
1561	to a board member of a not-for-profit corporation or
1562	organization if the board member serves solely in a voluntary
1563	capacity, does not regularly take part in the day-to-day
1564	operational decisions of the corporation or organization,
1565	receives no remuneration for his or her services, and has no
1566	financial interest and has no family members with a financial
1567	interest in the corporation or organization, provided that the
1568	board member and the corporation or organization submit a
1569	statement affirming that the board member's relationship to the
1570	corporation or organization satisfies the requirements of this
1571	paragraph.
1572	(2)  Proof of compliance with level 2 screening standards
1573	which has been submitted within the previous 5 years to meet any
1574	facility or professional licensure requirements of the agency or
1575	the Department of Health satisfies the requirements of this
1576	section.
1577	(4)  The agency shall require employment or contractor
1578	screening as provided in chapter 435, using the level 1
1579	standards for screening set forth in that chapter, for hospice
1580	personnel.
1581	Section 19.  For the purpose of incorporating the
1582	amendments to sections 435.03 and 435.04, Florida Statutes, in
1583	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1584	of subsection (4) of section 400.980, Florida Statutes, are
1585	reenacted to read:
1586	400.980  Health care services pools.--
1587	(4)  Each applicant for registration must comply with the
1588	following requirements:
1589	(a)  Upon receipt of a completed, signed, and dated
1590	application, the agency shall require background screening, in
1591	accordance with the level 1 standards for screening set forth in
1592	chapter 435, of every individual who will have contact with
1593	patients. The agency shall require background screening of the
1594	managing employee or other similarly titled individual who is
1595	responsible for the operation of the entity, and of the
1596	financial officer or other similarly titled individual who is
1597	responsible for the financial operation of the entity, including
1598	billings for services in accordance with the level 2 standards
1599	for background screening as set forth in chapter 435.
1600	(b)  The agency may require background screening of any
1601	other individual who is affiliated with the applicant if the
1602	agency has a reasonable basis for believing that he or she has
1603	been convicted of a crime or has committed any other offense
1604	prohibited under the level 2 standards for screening set forth
1605	in chapter 435.
1606	(c)  Proof of compliance with the level 2 background
1607	screening requirements of chapter 435 which has been submitted
1608	within the previous 5 years in compliance with any other health
1609	care or assisted living licensure requirements of this state is
1610	acceptable in fulfillment of paragraph (a).
1611	(d)  A provisional registration may be granted to an
1612	applicant when each individual required by this section to
1613	undergo background screening has met the standards for the
1614	Department of Law Enforcement background check but the agency
1615	has not yet received background screening results from the
1616	Federal Bureau of Investigation. A standard registration may be
1617	granted to the applicant upon the agency's receipt of a report
1618	of the results of the Federal Bureau of Investigation background
1619	screening for each individual required by this section to
1620	undergo background screening which confirms that all standards
1621	have been met, or upon the granting of a disqualification
1622	exemption by the agency as set forth in chapter 435. Any other
1623	person who is required to undergo level 2 background screening
1624	may serve in his or her capacity pending the agency's receipt of
1625	the report from the Federal Bureau of Investigation. However,
1626	the person may not continue to serve if the report indicates any
1627	violation of background screening standards and if a
1628	disqualification exemption has not been requested of and granted
1629	by the agency as set forth in chapter 435.
1630	(f)  Each applicant must submit to the agency a description
1631	and explanation of any conviction of an offense prohibited under
1632	the level 2 standards of chapter 435 which was committed by a
1633	member of the board of directors of the applicant, its officers,
1634	or any individual owning 5 percent or more of the applicant.
1635	This requirement does not apply to a director of a not-for-
1636	profit corporation or organization who serves solely in a
1637	voluntary capacity for the corporation or organization, does not
1638	regularly take part in the day-to-day operational decisions of
1639	the corporation or organization, receives no remuneration for
1640	his or her services on the corporation's or organization's board
1641	of directors, and has no financial interest and no family
1642	members having a financial interest in the corporation or
1643	organization, if the director and the not-for-profit corporation
1644	or organization include in the application a statement affirming
1645	that the director's relationship to the corporation satisfies
1646	the requirements of this paragraph.
1647	(g)  A registration may not be granted to an applicant if
1648	the applicant or managing employee has been found guilty of,
1649	regardless of adjudication, or has entered a plea of nolo
1650	contendere or guilty to, any offense prohibited under the level
1651	2 standards for screening set forth in chapter 435, unless an
1652	exemption from disqualification has been granted by the agency
1653	as set forth in chapter 435.
1654	Section 20.  For the purpose of incorporating the
1655	amendments to sections 435.03 and 435.04, Florida Statutes, in
1656	references thereto, paragraph (k) of subsection (2) of section
1657	409.175, Florida Statutes, is reenacted to read:
1658	409.175  Licensure of family foster homes, residential
1659	child-caring agencies, and child-placing agencies; public
1660	records exemption.--
1661	(2)  As used in this section, the term:
1662	(k)  "Screening" means the act of assessing the background
1663	of personnel and includes, but is not limited to, employment
1664	history checks as provided in chapter 435, using the level 2
1665	standards for screening set forth in that chapter. Screening for
1666	employees and volunteers in summer day camps and summer 24-hour
1667	camps and screening for all volunteers included under the
1668	definition of "personnel" shall be conducted as provided in
1669	chapter 435, using the level 1 standards set forth in that
1670	chapter.
1671	Section 21.  For the purpose of incorporating the
1672	amendments to sections 435.03 and 435.04, Florida Statutes, in
1673	references thereto, paragraph (d) of subsection (8) of section
1674	409.907, Florida Statutes, is reenacted to read:
1675	409.907  Medicaid provider agreements.--The agency may make
1676	payments for medical assistance and related services rendered to
1677	Medicaid recipients only to an individual or entity who has a
1678	provider agreement in effect with the agency, who is performing
1679	services or supplying goods in accordance with federal, state,
1680	and local law, and who agrees that no person shall, on the
1681	grounds of handicap, race, color, or national origin, or for any
1682	other reason, be subjected to discrimination under any program
1683	or activity for which the provider receives payment from the
1684	agency.
1685	(8)
1686	(d)  Proof of compliance with the requirements of level 2
1687	screening under s. 435.04 conducted within 12 months prior to
1688	the date that the Medicaid provider application is submitted to
1689	the agency shall fulfill the requirements of this subsection.
1690	Proof of compliance with the requirements of level 1 screening
1691	under s. 435.03 conducted within 12 months prior to the date
1692	that the Medicaid provider application is submitted to the
1693	agency shall meet the requirement that the Department of Law
1694	Enforcement conduct a state criminal history record check.
1695	Section 22.  For the purpose of incorporating the
1696	amendments to sections 435.03 and 435.04, Florida Statutes, in
1697	references thereto, subsections (1) and (3) of section 435.05,
1698	Florida Statutes, are reenacted to read:
1699	435.05  Requirements for covered employees.--Except as
1700	otherwise provided by law, the following requirements shall
1701	apply to covered employees:
1702	(1)(a)  Every person employed in a position for which
1703	employment screening is required must, within 5 working days
1704	after starting to work, submit to the employer a complete set of
1705	information necessary to conduct a screening under this section.
1706	(b)  For level 1 screening, the employer must submit the
1707	information necessary for screening to the Florida Department of
1708	Law Enforcement within 5 working days after receiving it. The
1709	Florida Department of Law Enforcement will conduct a search of
1710	its records and will respond to the employer agency. The
1711	employer will inform the employee whether screening has revealed
1712	any disqualifying information.
1713	(c)  For level 2 screening, the employer or licensing
1714	agency must submit the information necessary for screening to
1715	the Florida Department of Law Enforcement within 5 working days
1716	after receiving it. The Florida Department of Law Enforcement
1717	will conduct a search of its criminal and juvenile records and
1718	will request that the Federal Bureau of Investigation conduct a
1719	search of its records for each employee for whom the request is
1720	made. The Florida Department of Law Enforcement will respond to
1721	the employer or licensing agency, and the employer or licensing
1722	agency will inform the employee whether screening has revealed
1723	disqualifying information.
1724	(d)  The person whose background is being checked must
1725	supply any missing criminal or other necessary information to
1726	the employer within 30 days after the employer makes a request
1727	for the information or be subject to automatic disqualification.
1728	(3)  Each employer required to conduct level 2 background
1729	screening must sign an affidavit annually, under penalty of
1730	perjury, stating that all covered employees have been screened
1731	or are newly hired and are awaiting the results of the required
1732	screening checks.
1733	Section 23.  For the purpose of incorporating the
1734	amendments to sections 435.03 and 435.04, Florida Statutes, in
1735	references thereto, section 744.3135, Florida Statutes, as
1736	amended by chapter 2003-402, Laws of Florida, is reenacted to
1737	read:
1738	744.3135  Credit and criminal investigation.-The court may
1739	require a nonprofessional guardian and shall require a
1740	professional or public guardian, and all employees of a
1741	professional guardian who have a fiduciary responsibility to a
1742	ward, to submit, at their own expense, to an investigation of
1743	the guardian's credit history and to undergo level 2 background
1744	screening as required under s. 435.04. The clerk of the court
1745	shall obtain fingerprint cards from the Federal Bureau of
1746	Investigation and make them available to guardians. Any guardian
1747	who is so required shall have his or her fingerprints taken and
1748	forward the proper fingerprint card along with the necessary fee
1749	to the Florida Department of Law Enforcement for processing. The
1750	professional guardian shall pay to the clerk of the court a fee
1751	of up to $7.50 for handling and processing professional guardian
1752	files. The results of the fingerprint checks shall be forwarded
1753	to the clerk of court who shall maintain the results in a
1754	guardian file and shall make the results available to the court.
1755	If credit or criminal investigations are required, the court
1756	must consider the results of the investigations in appointing a
1757	guardian. Professional guardians and all employees of a
1758	professional guardian who have a fiduciary responsibility to a
1759	ward, so appointed, must resubmit, at their own expense, to an
1760	investigation of credit history, and undergo level 1 background
1761	screening as required under s. 435.03, at least every 2 years
1762	after the date of their appointment. At any time, the court may
1763	require guardians or their employees to submit to an
1764	investigation of credit history and undergo level 1 background
1765	screening as required under s. 435.03. The court must consider
1766	the results of these investigations in reappointing a guardian.
1767	This section shall not apply to a professional guardian, or to
1768	the employees of a professional guardian, that is a trust
1769	company, a state banking corporation or state savings
1770	association authorized and qualified to exercise fiduciary
1771	powers in this state, or a national banking association or
1772	federal savings and loan association authorized and qualified to
1773	exercise fiduciary powers in this state.
1774	Section 24.  For the purpose of incorporating the
1775	amendments to sections 435.03 and 435.04, Florida Statutes, in
1776	references thereto, subsection (2) of section 985.04, Florida
1777	Statutes, is reenacted to read:
1778	985.04  Oaths; records; confidential information.--
1779	(2)  Records maintained by the Department of Juvenile
1780	Justice, including copies of records maintained by the court,
1781	which pertain to a child found to have committed a delinquent
1782	act which, if committed by an adult, would be a crime specified
1783	in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1784	section for a period of 25 years after the youth's final
1785	referral to the department, except in cases of the death of the
1786	child. Such records, however, shall be sealed by the court for
1787	use only in meeting the screening requirements for personnel in
1788	s. 402.3055 and the other sections cited above, or pursuant to
1789	departmental rule; however, current criminal history information
1790	must be obtained from the Department of Law Enforcement in
1791	accordance with s. 943.053. The information shall be released to
1792	those persons specified in the above cited sections for the
1793	purposes of complying with those sections. The court may punish
1794	by contempt any person who releases or uses the records for any
1795	unauthorized purpose.
1796	Section 25.  For the purpose of incorporating the amendment
1797	to section 435.03, Florida Statutes, in references thereto,
1798	section 400.512, Florida Statutes, is reenacted to read:
1799	400.512  Screening of home health agency personnel; nurse
1800	registry personnel; and companions and homemakers.--The agency
1801	shall require employment or contractor screening as provided in
1802	chapter 435, using the level 1 standards for screening set forth
1803	in that chapter, for home health agency personnel; persons
1804	referred for employment by nurse registries; and persons
1805	employed by companion or homemaker services registered under s.
1806	400.509.
1807	(1)(a)  The Agency for Health Care Administration may, upon
1808	request, grant exemptions from disqualification from employment
1809	or contracting under this section as provided in s. 435.07,
1810	except for health care practitioners licensed by the Department
1811	of Health or a regulatory board within that department.
1812	(b)  The appropriate regulatory board within the Department
1813	of Health, or that department itself when there is no board,
1814	may, upon request of the licensed health care practitioner,
1815	grant exemptions from disqualification from employment or
1816	contracting under this section as provided in s. 435.07.
1817	(2)  The administrator of each home health agency, the
1818	managing employee of each nurse registry, and the managing
1819	employee of each companion or homemaker service registered under
1820	s. 400.509 must sign an affidavit annually, under penalty of
1821	perjury, stating that all personnel hired, contracted with, or
1822	registered on or after October 1, 1994, who enter the home of a
1823	patient or client in their service capacity have been screened
1824	and that its remaining personnel have worked for the home health
1825	agency or registrant continuously since before October 1, 1994.
1826	(3)  As a prerequisite to operating as a home health
1827	agency, nurse registry, or companion or homemaker service under
1828	s. 400.509, the administrator or managing employee,
1829	respectively, must submit to the agency his or her name and any
1830	other information necessary to conduct a complete screening
1831	according to this section. The agency shall submit the
1832	information to the Department of Law Enforcement for state
1833	processing. The agency shall review the record of the
1834	administrator or manager with respect to the offenses specified
1835	in this section and shall notify the owner of its findings. If
1836	disposition information is missing on a criminal record, the
1837	administrator or manager, upon request of the agency, must
1838	obtain and supply within 30 days the missing disposition
1839	information to the agency. Failure to supply missing information
1840	within 30 days or to show reasonable efforts to obtain such
1841	information will result in automatic disqualification.
1842	(4)  Proof of compliance with the screening requirements of
1843	chapter 435 shall be accepted in lieu of the requirements of
1844	this section if the person has been continuously employed or
1845	registered without a breach in service that exceeds 180 days,
1846	the proof of compliance is not more than 2 years old, and the
1847	person has been screened by the Department of Law Enforcement. A
1848	home health agency, nurse registry, or companion or homemaker
1849	service registered under s. 400.509 shall directly provide proof
1850	of compliance to another home health agency, nurse registry, or
1851	companion or homemaker service registered under s. 400.509. The
1852	recipient home health agency, nurse registry, or companion or
1853	homemaker service registered under s. 400.509 may not accept any
1854	proof of compliance directly from the person who requires
1855	screening. Proof of compliance with the screening requirements
1856	of this section shall be provided upon request to the person
1857	screened by the home health agencies; nurse registries; or
1858	companion or homemaker services registered under s. 400.509.
1859	(5)  There is no monetary liability on the part of, and no
1860	cause of action for damages arises against, a licensed home
1861	health agency, licensed nurse registry, or companion or
1862	homemaker service registered under s. 400.509, that, upon notice
1863	that the employee or contractor has been found guilty of,
1864	regardless of adjudication, or entered a plea of nolo contendere
1865	or guilty to, any offense prohibited under s. 435.03 or under
1866	any similar statute of another jurisdiction, terminates the
1867	employee or contractor, whether or not the employee or
1868	contractor has filed for an exemption with the agency in
1869	accordance with chapter 435 and whether or not the time for
1870	filing has expired.
1871	(6)  The costs of processing the statewide correspondence
1872	criminal records checks must be borne by the home health agency;
1873	the nurse registry; or the companion or homemaker service
1874	registered under s. 400.509, or by the person being screened, at
1875	the discretion of the home health agency, nurse registry, or s.
1876	400.509 registrant.
1877	(7)(a)  It is a misdemeanor of the first degree, punishable
1878	under s. 775.082 or s. 775.083, for any person willfully,
1879	knowingly, or intentionally to:
1880	1.  Fail, by false statement, misrepresentation,
1881	impersonation, or other fraudulent means, to disclose in any
1882	application for voluntary or paid employment a material fact
1883	used in making a determination as to such person's
1884	qualifications to be an employee under this section;
1885	2.  Operate or attempt to operate an entity licensed or
1886	registered under this part with persons who do not meet the
1887	minimum standards for good moral character as contained in this
1888	section; or
1889	3.  Use information from the criminal records obtained
1890	under this section for any purpose other than screening that
1891	person for employment as specified in this section or release
1892	such information to any other person for any purpose other than
1893	screening for employment under this section.
1894	(b)  It is a felony of the third degree, punishable under
1895	s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1896	knowingly, or intentionally to use information from the juvenile
1897	records of a person obtained under this section for any purpose
1898	other than screening for employment under this section.
1899	Section 26.  For the purpose of incorporating the amendment
1900	to section 435.03, Florida Statutes, in references thereto,
1901	subsection (4) of section 400.619, Florida Statutes, is
1902	reenacted to read:
1903	400.619  Licensure application and renewal.--
1904	(4)  Upon receipt of a completed license application or
1905	license renewal, and the fee, the agency shall initiate a level
1906	1 background screening as provided under chapter 435 on the
1907	adult family-care home provider, the designated relief person,
1908	all adult household members, and all staff members. The agency
1909	shall conduct an onsite visit to the home that is to be
1910	licensed.
1911	(a)  Proof of compliance with level 1 screening standards
1912	which has been submitted within the previous 5 years to meet any
1913	facility or professional licensure requirements of the agency or
1914	the Department of Health satisfies the requirements of this
1915	subsection. Such proof must be accompanied, under penalty of
1916	perjury, by a copy of the person's current professional license
1917	and an affidavit of current compliance with the background
1918	screening requirements.
1919	(b)  The person required to be screened must have been
1920	continuously employed in the same type of occupation for which
1921	the person is seeking employment without a breach in service
1922	that exceeds 180 days, and proof of compliance with the level 1
1923	screening requirement which is no more than 2 years old must be
1924	provided. Proof of compliance shall be provided directly from
1925	one employer or contractor to another, and not from the person
1926	screened. Upon request, a copy of screening results shall be
1927	provided to the person screened by the employer retaining
1928	documentation of the screening.
1929	Section 27.  For the purpose of incorporating the amendment
1930	to section 435.03, Florida Statutes, in references thereto,
1931	subsection (1) of section 400.6194, Florida Statutes, is
1932	reenacted to read:
1933	400.6194  Denial, revocation, or suspension of a
1934	license.--The agency may deny, suspend, or revoke a license for
1935	The agency may deny, suspend, or revoke a license for any of the
1936	following reasons:
1937	(1)  Failure of any of the persons required to undergo
1938	background screening under s. 400.619 to meet the level 1
1939	screening standards of s. 435.03, unless an exemption from
1940	disqualification has been provided by the agency.
1941	Section 28.  For the purpose of incorporating the amendment
1942	to section 435.03, Florida Statutes, in references thereto,
1943	section 400.953, Florida Statutes, is reenacted to read:
1944	400.953  Background screening of home medical equipment
1945	provider personnel.--The agency shall require employment
1946	screening as provided in chapter 435, using the level 1
1947	standards for screening set forth in that chapter, for home
1948	medical equipment provider personnel.
1949	(1)  The agency may grant exemptions from disqualification
1950	from employment under this section as provided in s. 435.07.
1951	(2)  The general manager of each home medical equipment
1952	provider must sign an affidavit annually, under penalty of
1953	perjury, stating that all home medical equipment provider
1954	personnel hired on or after July 1, 1999, who enter the home of
1955	a patient in the capacity of their employment have been screened
1956	and that its remaining personnel have worked for the home
1957	medical equipment provider continuously since before July 1,
1958	1999.
1959	(3)  Proof of compliance with the screening requirements of
1960	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
1961	s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
1962	must be accepted in lieu of the requirements of this section if
1963	the person has been continuously employed in the same type of
1964	occupation for which he or she is seeking employment without a
1965	breach in service that exceeds 180 days, the proof of compliance
1966	is not more than 2 years old, and the person has been screened
1967	by the Department of Law Enforcement. An employer or contractor
1968	shall directly provide proof of compliance to another employer
1969	or contractor, and a potential employer or contractor may not
1970	accept any proof of compliance directly from the person
1971	requiring screening. Proof of compliance with the screening
1972	requirements of this section shall be provided, upon request, to
1973	the person screened by the home medical equipment provider.
1974	(4)  There is no monetary liability on the part of, and no
1975	cause of action for damages arising against, a licensed home
1976	medical equipment provider that, upon notice that an employee
1977	has been found guilty of, regardless of adjudication, or entered
1978	a plea of nolo contendere or guilty to, any offense prohibited
1979	under s. 435.03 or under any similar statute of another
1980	jurisdiction, terminates the employee, whether or not the
1981	employee has filed for an exemption with the agency and whether
1982	or not the time for filing has expired.
1983	(5)  The costs of processing the statewide correspondence
1984	criminal records checks must be borne by the home medical
1985	equipment provider or by the person being screened, at the
1986	discretion of the home medical equipment provider.
1987	(6)  Neither the agency nor the home medical equipment
1988	provider may use the criminal records or juvenile records of a
1989	person for any purpose other than determining whether that
1990	person meets minimum standards of good moral character for home
1991	medical equipment provider personnel.
1992	(7)(a)  It is a misdemeanor of the first degree, punishable
1993	as provided in s. 775.082 or s. 775.083, for any person
1994	willfully, knowingly, or intentionally to:
1995	1.  Fail, by false statement, misrepresentation,
1996	impersonation, or other fraudulent means, to disclose in any
1997	application for paid employment a material fact used in making a
1998	determination as to the person's qualifications to be an
1999	employee under this section;
2000	2.  Operate or attempt to operate an entity licensed under
2001	this part with persons who do not meet the minimum standards for
2002	good moral character as contained in this section; or
2003	3.  Use information from the criminal records obtained
2004	under this section for any purpose other than screening that
2005	person for employment as specified in this section, or release
2006	such information to any other person for any purpose other than
2007	screening for employment under this section.
2008	(b)  It is a felony of the third degree, punishable as
2009	provided in s. 775.082, s. 775.083, or s. 775.084, for any
2010	person willfully, knowingly, or intentionally to use information
2011	from the juvenile records of a person obtained under this
2012	section for any purpose other than screening for employment
2013	under this section.
2014	Section 29.  For the purpose of incorporating the amendment
2015	to section 435.03, Florida Statutes, in references thereto,
2016	subsection (32) of section 409.912, Florida Statutes, is
2017	reenacted to read:
2018	409.912  Cost-effective purchasing of health care.--The
2019	agency shall purchase goods and services for Medicaid recipients
2020	in the most cost-effective manner consistent with the delivery
2021	of quality medical care. The agency shall maximize the use of
2022	prepaid per capita and prepaid aggregate fixed-sum basis
2023	services when appropriate and other alternative service delivery
2024	and reimbursement methodologies, including competitive bidding
2025	pursuant to s. 287.057, designed to facilitate the cost-
2026	effective purchase of a case-managed continuum of care. The
2027	agency shall also require providers to minimize the exposure of
2028	recipients to the need for acute inpatient, custodial, and other
2029	institutional care and the inappropriate or unnecessary use of
2030	high-cost services. The agency may establish prior authorization
2031	requirements for certain populations of Medicaid beneficiaries,
2032	certain drug classes, or particular drugs to prevent fraud,
2033	abuse, overuse, and possible dangerous drug interactions. The
2034	Pharmaceutical and Therapeutics Committee shall make
2035	recommendations to the agency on drugs for which prior
2036	authorization is required. The agency shall inform the
2037	Pharmaceutical and Therapeutics Committee of its decisions
2038	regarding drugs subject to prior authorization.
2039	(32)  Each managed care plan that is under contract with
2040	the agency to provide health care services to Medicaid
2041	recipients shall annually conduct a background check with the
2042	Florida Department of Law Enforcement of all persons with
2043	ownership interest of 5 percent or more or executive management
2044	responsibility for the managed care plan and shall submit to the
2045	agency information concerning any such person who has been found
2046	guilty of, regardless of adjudication, or has entered a plea of
2047	nolo contendere or guilty to, any of the offenses listed in s.
2048	435.03.
2049	Section 30.  For the purpose of incorporating the amendment
2050	to section 435.03, Florida Statutes, in references thereto,
2051	subsection (4) of section 435.07, Florida Statutes, is reenacted
2052	to read:
2053	435.07  Exemptions from disqualification.--Unless otherwise
2054	provided by law, the provisions of this section shall apply to
2055	exemptions from disqualification.
2056	(4)  Disqualification from employment under subsection (1)
2057	may not be removed from, nor may an exemption be granted to, any
2058	personnel who is found guilty of, regardless of adjudication, or
2059	who has entered a plea of nolo contendere or guilty to, any
2060	felony covered by s. 435.03 solely by reason of any pardon,
2061	executive clemency, or restoration of civil rights.
2062	Section 31.  For the purpose of incorporating the amendment
2063	to section 435.03, Florida Statutes, in references thereto,
2064	paragraph (e) of subsection (1) of section 464.018, Florida
2065	Statutes, is reenacted to read:
2066	464.018  Disciplinary actions.--
2067	(1)  The following acts constitute grounds for denial of a
2068	license or disciplinary action, as specified in s. 456.072(2):
2069	(e)  Having been found guilty of, regardless of
2070	adjudication, or entered a plea of nolo contendere or guilty to,
2071	any offense prohibited under s. 435.03 or under any similar
2072	statute of another jurisdiction; or having committed an act
2073	which constitutes domestic violence as defined in s. 741.28.
2074	Section 32.  For the purpose of incorporating the amendment
2075	to section 435.03, Florida Statutes, in references thereto,
2076	subsection (3) of section 744.309, Florida Statutes, is
2077	reenacted to read:
2078	744.309  Who may be appointed guardian of a resident
2079	ward.--
2080	(3)  DISQUALIFIED PERSONS.--No person who has been
2081	convicted of a felony or who, from any incapacity or illness, is
2082	incapable of discharging the duties of a guardian, or who is
2083	otherwise unsuitable to perform the duties of a guardian, shall
2084	be appointed to act as guardian. Further, no person who has been
2085	judicially determined to have committed abuse, abandonment, or
2086	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2087	(2), and (37), or who has been found guilty of, regardless of
2088	adjudication, or entered a plea of nolo contendere or guilty to,
2089	any offense prohibited under s. 435.03 or under any similar
2090	statute of another jurisdiction, shall be appointed to act as a
2091	guardian. Except as provided in subsection (5) or subsection
2092	(6), a person who provides substantial services to the proposed
2093	ward in a professional or business capacity, or a creditor of
2094	the proposed ward, may not be appointed guardian and retain that
2095	previous professional or business relationship. A person may not
2096	be appointed a guardian if he or she is in the employ of any
2097	person, agency, government, or corporation that provides service
2098	to the proposed ward in a professional or business capacity,
2099	except that a person so employed may be appointed if he or she
2100	is the spouse, adult child, parent, or sibling of the proposed
2101	ward or the court determines that the potential conflict of
2102	interest is insubstantial and that the appointment would clearly
2103	be in the proposed ward's best interest. The court may not
2104	appoint a guardian in any other circumstance in which a conflict
2105	of interest may occur.
2106	Section 33.  For the purpose of incorporating the amendment
2107	to section 435.03, Florida Statutes, in references thereto,
2108	subsection (12) of section 744.474, Florida Statutes, is
2109	reenacted to read:
2110	744.474  Reasons for removal of guardian.--A guardian may
2111	be removed for any of the following reasons, and the removal
2112	shall be in addition to any other penalties prescribed by law:
2113	(12)  Having been found guilty of, regardless of
2114	adjudication, or entered a plea of nolo contendere or guilty to,
2115	any offense prohibited under s. 435.03 or under any similar
2116	statute of another jurisdiction.
2117	Section 34.  For the purpose of incorporating the amendment
2118	to section 435.03, Florida Statutes, in references thereto,
2119	subsection (4) of section 985.407, Florida Statutes, is
2120	reenacted to read:
2121	985.407  Departmental contracting powers; personnel
2122	standards and screening.--
2123	(4)  The department shall require employment screening
2124	pursuant to chapter 435, using the level 1 standards for
2125	screening set forth in that chapter, for personnel in
2126	delinquency facilities, services, and programs.
2127	Section 35.  For the purpose of incorporating the amendment
2128	to section 435.04, Florida Statutes, in references thereto,
2129	paragraph (b) of subsection (2) of section 39.001, Florida
2130	Statutes, is reenacted to read:
2131	39.001  Purposes and intent; personnel standards and
2132	screening.--
2133	(2)  DEPARTMENT CONTRACTS.--The department may contract
2134	with the Federal Government, other state departments and
2135	agencies, county and municipal governments and agencies, public
2136	and private agencies, and private individuals and corporations
2137	in carrying out the purposes of, and the responsibilities
2138	established in, this chapter.
2139	(b)  The department shall require employment screening, and
2140	rescreening no less frequently than once every 5 years, pursuant
2141	to chapter 435, using the level 2 standards set forth in that
2142	chapter for personnel in programs for children or youths.
2143	Section 36.  For the purpose of incorporating the amendment
2144	to section 435.04, Florida Statutes, in references thereto,
2145	subsection (1) of section 39.821, Florida Statutes, is reenacted
2146	to read:
2147	39.821  Qualifications of guardians ad litem.--
2148	(1)  Because of the special trust or responsibility placed
2149	in a guardian ad litem, the Guardian Ad Litem Program may use
2150	any private funds collected by the program, or any state funds
2151	so designated, to conduct a security background investigation
2152	before certifying a volunteer to serve. A security background
2153	investigation must include, but need not be limited to,
2154	employment history checks, checks of references, local criminal
2155	records checks through local law enforcement agencies, and
2156	statewide criminal records checks through the Department of Law
2157	Enforcement. Upon request, an employer shall furnish a copy of
2158	the personnel record for the employee or former employee who is
2159	the subject of a security background investigation conducted
2160	under this section. The information contained in the personnel
2161	record may include, but need not be limited to, disciplinary
2162	matters and the reason why the employee was terminated from
2163	employment. An employer who releases a personnel record for
2164	purposes of a security background investigation is presumed to
2165	have acted in good faith and is not liable for information
2166	contained in the record without a showing that the employer
2167	maliciously falsified the record. A security background
2168	investigation conducted under this section must ensure that a
2169	person is not certified as a guardian ad litem if the person has
2170	been convicted of, regardless of adjudication, or entered a plea
2171	of nolo contendere or guilty to, any offense prohibited under
2172	the provisions of the Florida Statutes specified in s. 435.04(2)
2173	or under any similar law in another jurisdiction. Before
2174	certifying an applicant to serve as a guardian ad litem, the
2175	chief judge of the circuit court may request a federal criminal
2176	records check of the applicant through the Federal Bureau of
2177	Investigation. In analyzing and evaluating the information
2178	obtained in the security background investigation, the program
2179	must give particular emphasis to past activities involving
2180	children, including, but not limited to, child-related criminal
2181	offenses or child abuse. The program has the sole discretion in
2182	determining whether to certify a person based on his or her
2183	security background investigation. The information collected
2184	pursuant to the security background investigation is
2185	confidential and exempt from s. 119.07(1).
2186	Section 37.  For the purpose of incorporating the amendment
2187	to section 435.04, Florida Statutes, in references thereto,
2188	paragraphs (a) and (c) of subsection (3) of section 110.1127,
2189	Florida Statutes, are reenacted to read:
2190	110.1127  Employee security checks.--
2191	(3)(a)  All positions in programs providing care to
2192	children, the developmentally disabled, or vulnerable adults for
2193	15 hours or more per week; all permanent and temporary employee
2194	positions of the central abuse hotline; and all persons working
2195	under contract who have access to abuse records are deemed to be
2196	persons and positions of special trust or responsibility, and
2197	require employment screening pursuant to chapter 435, using the
2198	level 2 standards set forth in that chapter.
2199	(c)  All persons and employees in such positions of trust
2200	or responsibility shall be required to undergo security
2201	background investigations as a condition of employment and
2202	continued employment. For the purposes of this subsection,
2203	security background investigations shall be conducted as
2204	provided in chapter 435, using the level 2 standards for
2205	screening set forth in that chapter.
2206	Section 38.  For the purpose of incorporating the amendment
2207	to section 435.04, Florida Statutes, in references thereto,
2208	paragraph (a) of subsection (12) of section 112.0455, Florida
2209	Statutes, is reenacted to read:
2210	112.0455  Drug-Free Workplace Act.--
2211	(12)  DRUG-TESTING STANDARDS; LABORATORIES.--
2212	(a)  A laboratory may analyze initial or confirmation drug
2213	specimens only if:
2214	1.  The laboratory is licensed and approved by the Agency
2215	for Health Care Administration using criteria established by the
2216	United States Department of Health and Human Services as general
2217	guidelines for modeling the state drug testing program. Each
2218	applicant for licensure must comply with the following
2219	requirements:
2220	a.  Upon receipt of a completed, signed, and dated
2221	application, the agency shall require background screening, in
2222	accordance with the level 2 standards for screening set forth in
2223	chapter 435, of the managing employee, or other similarly titled
2224	individual responsible for the daily operation of the
2225	laboratory, and of the financial officer, or other similarly
2226	titled individual who is responsible for the financial operation
2227	of the laboratory, including billings for services. The
2228	applicant must comply with the procedures for level 2 background
2229	screening as set forth in chapter 435, as well as the
2230	requirements of s. 435.03(3).
2231	b.  The agency may require background screening of any
2232	other individual who is an applicant if the agency has probable
2233	cause to believe that he or she has been convicted of an offense
2234	prohibited under the level 2 standards for screening set forth
2235	in chapter 435.
2236	c.  Proof of compliance with the level 2 background
2237	screening requirements of chapter 435 which has been submitted
2238	within the previous 5 years in compliance with any other health
2239	care licensure requirements of this state is acceptable in
2240	fulfillment of screening requirements.
2241	d.  A provisional license may be granted to an applicant
2242	when each individual required by this section to undergo
2243	background screening has met the standards for the Department of
2244	Law Enforcement background check, but the agency has not yet
2245	received background screening results from the Federal Bureau of
2246	Investigation, or a request for a disqualification exemption has
2247	been submitted to the agency as set forth in chapter 435, but a
2248	response has not yet been issued. A license may be granted to
2249	the applicant upon the agency's receipt of a report of the
2250	results of the Federal Bureau of Investigation background
2251	screening for each individual required by this section to
2252	undergo background screening which confirms that all standards
2253	have been met, or upon the granting of a disqualification
2254	exemption by the agency as set forth in chapter 435. Any other
2255	person who is required to undergo level 2 background screening
2256	may serve in his or her capacity pending the agency's receipt of
2257	the report from the Federal Bureau of Investigation. However,
2258	the person may not continue to serve if the report indicates any
2259	violation of background screening standards and a
2260	disqualification exemption has not been requested of and granted
2261	by the agency as set forth in chapter 435.
2262	e.  Each applicant must submit to the agency, with its
2263	application, a description and explanation of any exclusions,
2264	permanent suspensions, or terminations of the applicant from the
2265	Medicare or Medicaid programs. Proof of compliance with the
2266	requirements for disclosure of ownership and control interests
2267	under the Medicaid or Medicare programs shall be accepted in
2268	lieu of this submission.
2269	f.  Each applicant must submit to the agency a description
2270	and explanation of any conviction of an offense prohibited under
2271	the level 2 standards of chapter 435 by a member of the board of
2272	directors of the applicant, its officers, or any individual
2273	owning 5 percent or more of the applicant. This requirement does
2274	not apply to a director of a not-for-profit corporation or
2275	organization if the director serves solely in a voluntary
2276	capacity for the corporation or organization, does not regularly
2277	take part in the day-to-day operational decisions of the
2278	corporation or organization, receives no remuneration for his or
2279	her services on the corporation or organization's board of
2280	directors, and has no financial interest and has no family
2281	members with a financial interest in the corporation or
2282	organization, provided that the director and the not-for-profit
2283	corporation or organization include in the application a
2284	statement affirming that the director's relationship to the
2285	corporation satisfies the requirements of this sub-subparagraph.
2286	g.  A license may not be granted to any applicant if the
2287	applicant or managing employee has been found guilty of,
2288	regardless of adjudication, or has entered a plea of nolo
2289	contendere or guilty to, any offense prohibited under the level
2290	2 standards for screening set forth in chapter 435, unless an
2291	exemption from disqualification has been granted by the agency
2292	as set forth in chapter 435.
2293	h.  The agency may deny or revoke licensure if the
2294	applicant:
2295	(I)  Has falsely represented a material fact in the
2296	application required by sub-subparagraph e. or sub-subparagraph
2297	f., or has omitted any material fact from the application
2298	required by sub-subparagraph e. or sub-subparagraph f.; or
2299	(II)  Has had prior action taken against the applicant
2300	under the Medicaid or Medicare program as set forth in sub-
2301	subparagraph e.
2302	i.  An application for license renewal must contain the
2303	information required under sub-subparagraphs e. and f.
2304	2.  The laboratory has written procedures to ensure chain
2305	of custody.
2306	3.  The laboratory follows proper quality control
2307	procedures, including, but not limited to:
2308	a.  The use of internal quality controls including the use
2309	of samples of known concentrations which are used to check the
2310	performance and calibration of testing equipment, and periodic
2311	use of blind samples for overall accuracy.
2312	b.  An internal review and certification process for drug
2313	test results, conducted by a person qualified to perform that
2314	function in the testing laboratory.
2315	c.  Security measures implemented by the testing laboratory
2316	to preclude adulteration of specimens and drug test results.
2317	d.  Other necessary and proper actions taken to ensure
2318	reliable and accurate drug test results.
2319	Section 39.  For the purpose of incorporating the amendment
2320	to section 435.04, Florida Statutes, in references thereto,
2321	subsections (1), (2), and (4) of section 381.0059, Florida
2322	Statutes, are reenacted to read:
2323	381.0059  Background screening requirements for school
2324	health services personnel.--
2325	(1)  Pursuant to the provisions of chapter 435, any person
2326	who provides services under a school health services plan
2327	pursuant to s. 381.0056 must meet level 2 screening requirements
2328	as described in s. 435.04. A person may satisfy the requirements
2329	of this subsection by submitting proof of compliance with the
2330	requirements of level 2 screening conducted within 12 months
2331	before the date that person initially provides services under a
2332	school health services plan.
2333	(2)  A person may provide services under a school health
2334	services plan pursuant to s. 381.0056 prior to the completion of
2335	level 2 screening. However, pending the results of the
2336	screening, such person may not be alone with a minor.
2337	(4)  Under penalty of perjury, each person who provides
2338	services under a school health plan pursuant to s. 381.0056 must
2339	attest to meeting the level 2 screening requirements for
2340	participation under the plan and agree to inform his or her
2341	employer immediately if convicted of any disqualifying offense
2342	while providing services under a plan.
2343	Section 40.  For the purpose of incorporating the amendment
2344	to section 435.04, Florida Statutes, in references thereto,
2345	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2346	section 381.60225, Florida Statutes, are reenacted to read:
2347	381.60225  Background screening.--
2348	(1)  Each applicant for certification must comply with the
2349	following requirements:
2350	(a)  Upon receipt of a completed, signed, and dated
2351	application, the Agency for Health Care Administration shall
2352	require background screening, in accordance with the level 2
2353	standards for screening set forth in chapter 435, of the
2354	managing employee, or other similarly titled individual
2355	responsible for the daily operation of the organization, agency,
2356	or entity, and financial officer, or other similarly titled
2357	individual who is responsible for the financial operation of the
2358	organization, agency, or entity, including billings for
2359	services. The applicant must comply with the procedures for
2360	level 2 background screening as set forth in chapter 435, as
2361	well as the requirements of s. 435.03(3).
2362	(b)  The Agency for Health Care Administration may require
2363	background screening of any other individual who is an applicant
2364	if the Agency for Health Care Administration has probable cause
2365	to believe that he or she has been convicted of a crime or has
2366	committed any other offense prohibited under the level 2
2367	standards for screening set forth in chapter 435.
2368	(c)  Proof of compliance with the level 2 background
2369	screening requirements of chapter 435 which has been submitted
2370	within the previous 5 years in compliance with any other health
2371	care licensure requirements of this state is acceptable in
2372	fulfillment of the requirements of paragraph (a).
2373	(d)  A provisional certification may be granted to the
2374	organization, agency, or entity when each individual required by
2375	this section to undergo background screening has met the
2376	standards for the Department of Law Enforcement background
2377	check, but the agency has not yet received background screening
2378	results from the Federal Bureau of Investigation, or a request
2379	for a disqualification exemption has been submitted to the
2380	agency as set forth in chapter 435, but a response has not yet
2381	been issued. A standard certification may be granted to the
2382	organization, agency, or entity upon the agency's receipt of a
2383	report of the results of the Federal Bureau of Investigation
2384	background screening for each individual required by this
2385	section to undergo background screening which confirms that all
2386	standards have been met, or upon the granting of a
2387	disqualification exemption by the agency as set forth in chapter
2388	435. Any other person who is required to undergo level 2
2389	background screening may serve in his or her capacity pending
2390	the agency's receipt of the report from the Federal Bureau of
2391	Investigation. However, the person may not continue to serve if
2392	the report indicates any violation of background screening
2393	standards and a disqualification exemption has not been
2394	requested of and granted by the agency as set forth in chapter
2395	435.
2396	(f)  Each applicant must submit to the agency a description
2397	and explanation of any conviction of an offense prohibited under
2398	the level 2 standards of chapter 435 by a member of the board of
2399	directors of the applicant, its officers, or any individual
2400	owning 5 percent or more of the applicant. This requirement does
2401	not apply to a director of a not-for-profit corporation or
2402	organization if the director serves solely in a voluntary
2403	capacity for the corporation or organization, does not regularly
2404	take part in the day-to-day operational decisions of the
2405	corporation or organization, receives no remuneration for his or
2406	her services on the corporation or organization's board of
2407	directors, and has no financial interest and has no family
2408	members with a financial interest in the corporation or
2409	organization, provided that the director and the not-for-profit
2410	corporation or organization include in the application a
2411	statement affirming that the director's relationship to the
2412	corporation satisfies the requirements of this paragraph.
2413	(g)  The agency may not certify any organization, agency,
2414	or entity if any applicant or managing employee has been found
2415	guilty of, regardless of adjudication, or has entered a plea of
2416	nolo contendere or guilty to, any offense prohibited under the
2417	level 2 standards for screening set forth in chapter 435, unless
2418	an exemption from disqualification has been granted by the
2419	agency as set forth in chapter 435.
2420	Section 41.  For the purpose of incorporating the amendment
2421	to section 435.04, Florida Statutes, in references thereto,
2422	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2423	section 383.305, Florida Statutes, are reenacted to read:
2424	383.305  Licensure; issuance, renewal, denial, suspension,
2425	revocation; fees; background screening.--
2426	(7)  Each applicant for licensure must comply with the
2427	following requirements:
2428	(a)  Upon receipt of a completed, signed, and dated
2429	application, the agency shall require background screening, in
2430	accordance with the level 2 standards for screening set forth in
2431	chapter 435, of the managing employee, or other similarly titled
2432	individual who is responsible for the daily operation of the
2433	center, and of the financial officer, or other similarly titled
2434	individual who is responsible for the financial operation of the
2435	center, including billings for patient care and services. The
2436	applicant must comply with the procedures for level 2 background
2437	screening as set forth in chapter 435 as well as the
2438	requirements of s. 435.03(3).
2439	(b)  The agency may require background screening of any
2440	other individual who is an applicant if the agency has probable
2441	cause to believe that he or she has been convicted of a crime or
2442	has committed any other offense prohibited under the level 2
2443	standards for screening set forth in chapter 435.
2444	(c)  Proof of compliance with the level 2 background
2445	screening requirements of chapter 435 which has been submitted
2446	within the previous 5 years in compliance with any other health
2447	care licensure requirements of this state is acceptable in
2448	fulfillment of the requirements of paragraph (a).
2449	(d)  A provisional license may be granted to an applicant
2450	when each individual required by this section to undergo
2451	background screening has met the standards for the Department of
2452	Law Enforcement background check, but the agency has not yet
2453	received background screening results from the Federal Bureau of
2454	Investigation, or a request for a disqualification exemption has
2455	been submitted to the agency as set forth in chapter 435 but a
2456	response has not yet been issued. A standard license may be
2457	granted to the applicant upon the agency's receipt of a report
2458	of the results of the Federal Bureau of Investigation background
2459	screening for each individual required by this section to
2460	undergo background screening which confirms that all standards
2461	have been met, or upon the granting of a disqualification
2462	exemption by the agency as set forth in chapter 435. Any other
2463	person who is required to undergo level 2 background screening
2464	may serve in his or her capacity pending the agency's receipt of
2465	the report from the Federal Bureau of Investigation. However,
2466	the person may not continue to serve if the report indicates any
2467	violation of background screening standards and a
2468	disqualification exemption has not been requested of and granted
2469	by the agency as set forth in chapter 435.
2470	(f)  Each applicant must submit to the agency a description
2471	and explanation of any conviction of an offense prohibited under
2472	the level 2 standards of chapter 435 by a member of the board of
2473	directors of the applicant, its officers, or any individual
2474	owning 5 percent or more of the applicant. This requirement does
2475	not apply to a director of a not-for-profit corporation or
2476	organization if the director serves solely in a voluntary
2477	capacity for the corporation or organization, does not regularly
2478	take part in the day-to-day operational decisions of the
2479	corporation or organization, receives no remuneration for his or
2480	her services on the corporation or organization's board of
2481	directors, and has no financial interest and has no family
2482	members with a financial interest in the corporation or
2483	organization, provided that the director and the not-for-profit
2484	corporation or organization include in the application a
2485	statement affirming that the director's relationship to the
2486	corporation satisfies the requirements of this paragraph.
2487	(g)  A license may not be granted to an applicant if the
2488	applicant or managing employee has been found guilty of,
2489	regardless of adjudication, or has entered a plea of nolo
2490	contendere or guilty to, any offense prohibited under the level
2491	2 standards for screening set forth in chapter 435, unless an
2492	exemption from disqualification has been granted by the agency
2493	as set forth in chapter 435.
2494	Section 42.  For the purpose of incorporating the amendment
2495	to section 435.04, Florida Statutes, in references thereto,
2496	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2497	section 390.015, Florida Statutes, are reenacted to read:
2498	390.015  Application for license.--
2499	(3)  Each applicant for licensure must comply with the
2500	following requirements:
2501	(a)  Upon receipt of a completed, signed, and dated
2502	application, the agency shall require background screening, in
2503	accordance with the level 2 standards for screening set forth in
2504	chapter 435, of the managing employee, or other similarly titled
2505	individual who is responsible for the daily operation of the
2506	clinic, and financial officer, or other similarly titled
2507	individual who is responsible for the financial operation of the
2508	clinic, including billings for patient care and services. The
2509	applicant must comply with the procedures for level 2 background
2510	screening as set forth in chapter 435, as well as the
2511	requirements of s. 435.03(3).
2512	(b)  The agency may require background screening of any
2513	other individual who is an applicant if the agency has probable
2514	cause to believe that he or she has been convicted of a crime or
2515	has committed any other offense prohibited under the level 2
2516	standards for screening set forth in chapter 435.
2517	(c)  Proof of compliance with the level 2 background
2518	screening requirements of chapter 435 which has been submitted
2519	within the previous 5 years in compliance with any other health
2520	care licensure requirements of this state is acceptable in
2521	fulfillment of the requirements of paragraph (a).
2522	(d)  A provisional license may be granted to an applicant
2523	when each individual required by this section to undergo
2524	background screening has met the standards for the Department of
2525	Law Enforcement background check, but the agency has not yet
2526	received background screening results from the Federal Bureau of
2527	Investigation, or a request for a disqualification exemption has
2528	been submitted to the agency as set forth in chapter 435 but a
2529	response has not yet been issued. A standard license may be
2530	granted to the applicant upon the agency's receipt of a report
2531	of the results of the Federal Bureau of Investigation background
2532	screening for each individual required by this section to
2533	undergo background screening which confirms that all standards
2534	have been met, or upon the granting of a disqualification
2535	exemption by the agency as set forth in chapter 435. Any other
2536	person who is required to undergo level 2 background screening
2537	may serve in his or her capacity pending the agency's receipt of
2538	the report from the Federal Bureau of Investigation. However,
2539	the person may not continue to serve if the report indicates any
2540	violation of background screening standards and a
2541	disqualification exemption has not been requested of and granted
2542	by the agency as set forth in chapter 435.
2543	(f)  Each applicant must submit to the agency a description
2544	and explanation of any conviction of an offense prohibited under
2545	the level 2 standards of chapter 435 by a member of the board of
2546	directors of the applicant, its officers, or any individual
2547	owning 5 percent or more of the applicant. This requirement does
2548	not apply to a director of a not-for-profit corporation or
2549	organization if the director serves solely in a voluntary
2550	capacity for the corporation or organization, does not regularly
2551	take part in the day-to-day operational decisions of the
2552	corporation or organization, receives no remuneration for his or
2553	her services on the corporation or organization's board of
2554	directors, and has no financial interest and has no family
2555	members with a financial interest in the corporation or
2556	organization, provided that the director and the not-for-profit
2557	corporation or organization include in the application a
2558	statement affirming that the director's relationship to the
2559	corporation satisfies the requirements of this paragraph.
2560	(g)  A license may not be granted to an applicant if the
2561	applicant or managing employee has been found guilty of,
2562	regardless of adjudication, or has entered a plea of nolo
2563	contendere or guilty to, any offense prohibited under the level
2564	2 standards for screening set forth in chapter 435, unless an
2565	exemption from disqualification has been granted by the agency
2566	as set forth in chapter 435.
2567	Section 43.  For the purpose of incorporating the amendment
2568	to section 435.04, Florida Statutes, in references thereto,
2569	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2570	of section 394.875, Florida Statutes, are reenacted to read:
2571	394.875  Crisis stabilization units, residential treatment
2572	facilities, and residential treatment centers for children and
2573	adolescents; authorized services; license required; penalties.--
2574	(13)  Each applicant for licensure must comply with the
2575	following requirements:
2576	(a)  Upon receipt of a completed, signed, and dated
2577	application, the agency shall require background screening, in
2578	accordance with the level 2 standards for screening set forth in
2579	chapter 435, of the managing employee and financial officer, or
2580	other similarly titled individual who is responsible for the
2581	financial operation of the facility, including billings for
2582	client care and services. The applicant must comply with the
2583	procedures for level 2 background screening as set forth in
2584	chapter 435, as well as the requirements of s. 435.03(3).
2585	(b)  The agency may require background screening of any
2586	other individual who is an applicant if the agency has probable
2587	cause to believe that he or she has been convicted of a crime or
2588	has committed any other offense prohibited under the level 2
2589	standards for screening set forth in chapter 435.
2590	(c)  Proof of compliance with the level 2 background
2591	screening requirements of chapter 435 which has been submitted
2592	within the previous 5 years in compliance with any other health
2593	care licensure requirements of this state is acceptable in
2594	fulfillment of the requirements of paragraph (a).
2595	(d)  A provisional license may be granted to an applicant
2596	when each individual required by this section to undergo
2597	background screening has met the standards for the Department of
2598	Law Enforcement background check, but the agency has not yet
2599	received background screening results from the Federal Bureau of
2600	Investigation, or a request for a disqualification exemption has
2601	been submitted to the agency as set forth in chapter 435, but a
2602	response has not yet been issued. A standard license may be
2603	granted to the applicant upon the agency's receipt of a report
2604	of the results of the Federal Bureau of Investigation background
2605	screening for each individual required by this section to
2606	undergo background screening which confirms that all standards
2607	have been met, or upon the granting of a disqualification
2608	exemption by the agency as set forth in chapter 435. Any other
2609	person who is required to undergo level 2 background screening
2610	may serve in his or her capacity pending the agency's receipt of
2611	the report from the Federal Bureau of Investigation. However,
2612	the person may not continue to serve if the report indicates any
2613	violation of background screening standards and a
2614	disqualification exemption has not been requested of and granted
2615	by the agency as set forth in chapter 435.
2616	(f)  Each applicant must submit to the agency a description
2617	and explanation of any conviction of an offense prohibited under
2618	the level 2 standards of chapter 435 by a member of the board of
2619	directors of the applicant, its officers, or any individual
2620	owning 5 percent or more of the applicant. This requirement does
2621	not apply to a director of a not-for-profit corporation or
2622	organization if the director serves solely in a voluntary
2623	capacity for the corporation or organization, does not regularly
2624	take part in the day-to-day operational decisions of the
2625	corporation or organization, receives no remuneration for his or
2626	her services on the corporation or organization's board of
2627	directors, and has no financial interest and has no family
2628	members with a financial interest in the corporation or
2629	organization, provided that the director and the not-for-profit
2630	corporation or organization include in the application a
2631	statement affirming that the director's relationship to the
2632	corporation satisfies the requirements of this paragraph.
2633	(g)  A license may not be granted to an applicant if the
2634	applicant or managing employee has been found guilty of,
2635	regardless of adjudication, or has entered a plea of nolo
2636	contendere or guilty to, any offense prohibited under the level
2637	2 standards for screening set forth in chapter 435, unless an
2638	exemption from disqualification has been granted by the agency
2639	as set forth in chapter 435.
2640	Section 44.  For the purpose of incorporating the amendment
2641	to section 435.04, Florida Statutes, in references thereto,
2642	subsections (1), (2), (3), (4), (6), and (8) of section
2643	395.0055, Florida Statutes, are reenacted to read:
2644	395.0055  Background screening.--Each applicant for
2645	licensure must comply with the following requirements:
2646	(1)  Upon receipt of a completed, signed, and dated
2647	application, the agency shall require background screening of
2648	the managing employee in accordance with the level 2 standards
2649	for screening set forth in chapter 435, as well as the
2650	requirements of s. 435.03(3).
2651	(2)  The agency may require background screening for a
2652	member of the board of directors of the licensee, or an officer
2653	or an individual owning 5 percent or more of the licensee, if
2654	the agency has probable cause to believe that such individual
2655	has been convicted of an offense prohibited under the level 2
2656	standards for screening set forth in chapter 435.
2657	(3)  Proof of compliance with the level 2 background
2658	screening requirements of chapter 435 which has been submitted
2659	within the previous 5 years in compliance with any other health
2660	care licensure requirements of this state is acceptable in
2661	fulfillment of subsection (1).
2662	(4)  A provisional license may be granted to an applicant
2663	when each individual required by this section to undergo
2664	background screening has met the standards for the Department of
2665	Law Enforcement background check, but the agency has not yet
2666	received background screening results from the Federal Bureau of
2667	Investigation, or a request for a disqualification exemption has
2668	been submitted to the agency as set forth in chapter 435 but a
2669	response has not yet been issued. A standard license may be
2670	granted to the applicant upon the agency's receipt of a report
2671	of the results of the Federal Bureau of Investigation background
2672	screening for each individual required by this section to
2673	undergo background screening which confirms that all standards
2674	have been met, or upon the granting of a disqualification
2675	exemption by the agency as set forth in chapter 435. Any other
2676	person who is required to undergo level 2 background screening
2677	may serve in his or her capacity pending the agency's receipt of
2678	the report from the Federal Bureau of Investigation; however,
2679	the person may not continue to serve if the report indicates any
2680	violation of background screening standards and a
2681	disqualification exemption has not been requested of and granted
2682	by the agency as set forth in chapter 435.
2683	(6)  Each applicant must submit to the agency a description
2684	and explanation of any conviction of an offense prohibited under
2685	the level 2 standards of chapter 435 by a member of the board of
2686	directors of the applicant, its officers, or any individual
2687	owning 5 percent or more of the applicant.
2688	(8)  A license may not be granted to an applicant if the
2689	applicant or managing employee has been found guilty of,
2690	regardless of adjudication, or has entered a plea of nolo
2691	contendere or guilty to, any offense prohibited under the level
2692	2 standards for screening set forth in chapter 435, unless an
2693	exemption from disqualification has been granted by the agency
2694	as set forth in chapter 435.
2695	Section 45.  For the purpose of incorporating the amendment
2696	to section 435.04, Florida Statutes, in references thereto,
2697	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2698	section 395.0199, Florida Statutes, are reenacted to read:
2699	395.0199  Private utilization review.--
2700	(4)  Each applicant for registration must comply with the
2701	following requirements:
2702	(a)  Upon receipt of a completed, signed, and dated
2703	application, the agency shall require background screening, in
2704	accordance with the level 2 standards for screening set forth in
2705	chapter 435, of the managing employee or other similarly titled
2706	individual who is responsible for the operation of the entity.
2707	The applicant must comply with the procedures for level 2
2708	background screening as set forth in chapter 435, as well as the
2709	requirements of s. 435.03(3).
2710	(b)  The agency may require background screening of any
2711	other individual who is an applicant, if the agency has probable
2712	cause to believe that he or she has been convicted of a crime or
2713	has committed any other offense prohibited under the level 2
2714	standards for screening set forth in chapter 435.
2715	(c)  Proof of compliance with the level 2 background
2716	screening requirements of chapter 435 which has been submitted
2717	within the previous 5 years in compliance with any other health
2718	care licensure requirements of this state is acceptable in
2719	fulfillment of the requirements of paragraph (a).
2720	(d)  A provisional registration may be granted to an
2721	applicant when each individual required by this section to
2722	undergo background screening has met the standards for the
2723	Department of Law Enforcement background check, but the agency
2724	has not yet received background screening results from the
2725	Federal Bureau of Investigation, or a request for a
2726	disqualification exemption has been submitted to the agency as
2727	set forth in chapter 435 but a response has not yet been issued.
2728	A standard registration may be granted to the applicant upon the
2729	agency's receipt of a report of the results of the Federal
2730	Bureau of Investigation background screening for each individual
2731	required by this section to undergo background screening which
2732	confirms that all standards have been met, or upon the granting
2733	of a disqualification exemption by the agency as set forth in
2734	chapter 435. Any other person who is required to undergo level 2
2735	background screening may serve in his or her capacity pending
2736	the agency's receipt of the report from the Federal Bureau of
2737	Investigation. However, the person may not continue to serve if
2738	the report indicates any violation of background screening
2739	standards and a disqualification exemption has not been
2740	requested of and granted by the agency as set forth in chapter
2741	435.
2742	(f)  Each applicant must submit to the agency a description
2743	and explanation of any conviction of an offense prohibited under
2744	the level 2 standards of chapter 435 by a member of the board of
2745	directors of the applicant, its officers, or any individual
2746	owning 5 percent or more of the applicant. This requirement does
2747	not apply to a director of a not-for-profit corporation or
2748	organization if the director serves solely in a voluntary
2749	capacity for the corporation or organization, does not regularly
2750	take part in the day-to-day operational decisions of the
2751	corporation or organization, receives no remuneration for his or
2752	her services on the corporation or organization's board of
2753	directors, and has no financial interest and has no family
2754	members with a financial interest in the corporation or
2755	organization, provided that the director and the not-for-profit
2756	corporation or organization include in the application a
2757	statement affirming that the director's relationship to the
2758	corporation satisfies the requirements of this paragraph.
2759	(g)  A registration may not be granted to an applicant if
2760	the applicant or managing employee has been found guilty of,
2761	regardless of adjudication, or has entered a plea of nolo
2762	contendere or guilty to, any offense prohibited under the level
2763	2 standards for screening set forth in chapter 435, unless an
2764	exemption from disqualification has been granted by the agency
2765	as set forth in chapter 435.
2766	Section 46.  For the purpose of incorporating the amendment
2767	to section 435.04, Florida Statutes, in references thereto,
2768	paragraph (a) of subsection (1) of section 397.451, Florida
2769	Statutes, is reenacted to read:
2770	397.451  Background checks of service provider personnel.--
2771	(1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2772	EXCEPTIONS.--
2773	(a)  Background checks shall apply as follows:
2774	1.  All owners, directors, and chief financial officers of
2775	service providers are subject to level 2 background screening as
2776	provided under chapter 435.
2777	2.  All service provider personnel who have direct contact
2778	with children receiving services or with adults who are
2779	developmentally disabled receiving services are subject to level
2780	2 background screening as provided under chapter 435.
2781	Section 47.  For the purpose of incorporating the amendment
2782	to section 435.04, Florida Statutes, in references thereto,
2783	paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2784	section 400.071, Florida Statutes, are reenacted to read:
2785	400.071  Application for license.--
2786	(4)  Each applicant for licensure must comply with the
2787	following requirements:
2788	(a)  Upon receipt of a completed, signed, and dated
2789	application, the agency shall require background screening of
2790	the applicant, in accordance with the level 2 standards for
2791	screening set forth in chapter 435. As used in this subsection,
2792	the term "applicant" means the facility administrator, or
2793	similarly titled individual who is responsible for the day-to-
2794	day operation of the licensed facility, and the facility
2795	financial officer, or similarly titled individual who is
2796	responsible for the financial operation of the licensed
2797	facility.
2798	(b)  The agency may require background screening for a
2799	member of the board of directors of the licensee or an officer
2800	or an individual owning 5 percent or more of the licensee if the
2801	agency has probable cause to believe that such individual has
2802	been convicted of an offense prohibited under the level 2
2803	standards for screening set forth in chapter 435.
2804	(c)  Proof of compliance with the level 2 background
2805	screening requirements of chapter 435 which has been submitted
2806	within the previous 5 years in compliance with any other health
2807	care or assisted living licensure requirements of this state is
2808	acceptable in fulfillment of paragraph (a). Proof of compliance
2809	with background screening which has been submitted within the
2810	previous 5 years to fulfill the requirements of the Financial
2811	Services Commission and the Office of Insurance Regulation
2812	pursuant to chapter 651 as part of an application for a
2813	certificate of authority to operate a continuing care retirement
2814	community is acceptable in fulfillment of the Department of Law
2815	Enforcement and Federal Bureau of Investigation background
2816	check.
2817	(d)  A provisional license may be granted to an applicant
2818	when each individual required by this section to undergo
2819	background screening has met the standards for the Department of
2820	Law Enforcement background check, but the agency has not yet
2821	received background screening results from the Federal Bureau of
2822	Investigation, or a request for a disqualification exemption has
2823	been submitted to the agency as set forth in chapter 435, but a
2824	response has not yet been issued. A license may be granted to
2825	the applicant upon the agency's receipt of a report of the
2826	results of the Federal Bureau of Investigation background
2827	screening for each individual required by this section to
2828	undergo background screening which confirms that all standards
2829	have been met, or upon the granting of a disqualification
2830	exemption by the agency as set forth in chapter 435. Any other
2831	person who is required to undergo level 2 background screening
2832	may serve in his or her capacity pending the agency's receipt of
2833	the report from the Federal Bureau of Investigation; however,
2834	the person may not continue to serve if the report indicates any
2835	violation of background screening standards and a
2836	disqualification exemption has not been requested of and granted
2837	by the agency as set forth in chapter 435.
2838	(f)  Each applicant must submit to the agency a description
2839	and explanation of any conviction of an offense prohibited under
2840	the level 2 standards of chapter 435 by a member of the board of
2841	directors of the applicant, its officers, or any individual
2842	owning 5 percent or more of the applicant. This requirement
2843	shall not apply to a director of a not-for-profit corporation or
2844	organization if the director serves solely in a voluntary
2845	capacity for the corporation or organization, does not regularly
2846	take part in the day-to-day operational decisions of the
2847	corporation or organization, receives no remuneration for his or
2848	her services on the corporation or organization's board of
2849	directors, and has no financial interest and has no family
2850	members with a financial interest in the corporation or
2851	organization, provided that the director and the not-for-profit
2852	corporation or organization include in the application a
2853	statement affirming that the director's relationship to the
2854	corporation satisfies the requirements of this paragraph.
2855	Section 48.  For the purpose of incorporating the amendment
2856	to section 435.04, Florida Statutes, in references thereto,
2857	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2858	section 400.471, Florida Statutes, are reenacted to read:
2859	400.471  Application for license; fee; provisional license;
2860	temporary permit.--
2861	(4)  Each applicant for licensure must comply with the
2862	following requirements:
2863	(a)  Upon receipt of a completed, signed, and dated
2864	application, the agency shall require background screening of
2865	the applicant, in accordance with the level 2 standards for
2866	screening set forth in chapter 435. As used in this subsection,
2867	the term "applicant" means the administrator, or a similarly
2868	titled person who is responsible for the day-to-day operation of
2869	the licensed home health agency, and the financial officer, or
2870	similarly titled individual who is responsible for the financial
2871	operation of the licensed home health agency.
2872	(b)  The agency may require background screening for a
2873	member of the board of directors of the licensee or an officer
2874	or an individual owning 5 percent or more of the licensee if the
2875	agency reasonably suspects that such individual has been
2876	convicted of an offense prohibited under the level 2 standards
2877	for screening set forth in chapter 435.
2878	(c)  Proof of compliance with the level 2 background
2879	screening requirements of chapter 435 which has been submitted
2880	within the previous 5 years in compliance with any other health
2881	care or assisted living licensure requirements of this state is
2882	acceptable in fulfillment of paragraph (a). Proof of compliance
2883	with background screening which has been submitted within the
2884	previous 5 years to fulfill the requirements of the Financial
2885	Services Commission and the Office of Insurance Regulation
2886	pursuant to chapter 651 as part of an application for a
2887	certificate of authority to operate a continuing care retirement
2888	community is acceptable in fulfillment of the Department of Law
2889	Enforcement and Federal Bureau of Investigation background
2890	check.
2891	(d)  A provisional license may be granted to an applicant
2892	when each individual required by this section to undergo
2893	background screening has met the standards for the Department of
2894	Law Enforcement background check, but the agency has not yet
2895	received background screening results from the Federal Bureau of
2896	Investigation. A standard license may be granted to the licensee
2897	upon the agency's receipt of a report of the results of the
2898	Federal Bureau of Investigation background screening for each
2899	individual required by this section to undergo background
2900	screening which confirms that all standards have been met, or
2901	upon the granting of a disqualification exemption by the agency
2902	as set forth in chapter 435. Any other person who is required to
2903	undergo level 2 background screening may serve in his or her
2904	capacity pending the agency's receipt of the report from the
2905	Federal Bureau of Investigation. However, the person may not
2906	continue to serve if the report indicates any violation of
2907	background screening standards and a disqualification exemption
2908	has not been requested of and granted by the agency as set forth
2909	in chapter 435.
2910	(f)  Each applicant must submit to the agency a description
2911	and explanation of any conviction of an offense prohibited under
2912	the level 2 standards of chapter 435 by a member of the board of
2913	directors of the applicant, its officers, or any individual
2914	owning 5 percent or more of the applicant. This requirement does
2915	not apply to a director of a not-for-profit corporation or
2916	organization if the director serves solely in a voluntary
2917	capacity for the corporation or organization, does not regularly
2918	take part in the day-to-day operational decisions of the
2919	corporation or organization, receives no remuneration for his or
2920	her services on the corporation or organization's board of
2921	directors, and has no financial interest and has no family
2922	members with a financial interest in the corporation or
2923	organization, provided that the director and the not-for-profit
2924	corporation or organization include in the application a
2925	statement affirming that the director's relationship to the
2926	corporation satisfies the requirements of this paragraph.
2927	(g)  A license may not be granted to an applicant if the
2928	applicant, administrator, or financial officer has been found
2929	guilty of, regardless of adjudication, or has entered a plea of
2930	nolo contendere or guilty to, any offense prohibited under the
2931	level 2 standards for screening set forth in chapter 435, unless
2932	an exemption from disqualification has been granted by the
2933	agency as set forth in chapter 435.
2934	Section 49.  For the purpose of incorporating the amendment
2935	to section 435.04, Florida Statutes, in references thereto,
2936	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
2937	section 400.506, Florida Statutes, are reenacted to read:
2938	400.506  Licensure of nurse registries; requirements;
2939	penalties.--
2940	(2)  Each applicant for licensure must comply with the
2941	following requirements:
2942	(a)  Upon receipt of a completed, signed, and dated
2943	application, the agency shall require background screening, in
2944	accordance with the level 2 standards for screening set forth in
2945	chapter 435, of the managing employee, or other similarly titled
2946	individual who is responsible for the daily operation of the
2947	nurse registry, and of the financial officer, or other similarly
2948	titled individual who is responsible for the financial operation
2949	of the registry, including billings for patient care and
2950	services. The applicant shall comply with the procedures for
2951	level 2 background screening as set forth in chapter 435.
2952	(b)  The agency may require background screening of any
2953	other individual who is an applicant if the agency has probable
2954	cause to believe that he or she has been convicted of a crime or
2955	has committed any other offense prohibited under the level 2
2956	standards for screening set forth in chapter 435.
2957	(c)  Proof of compliance with the level 2 background
2958	screening requirements of chapter 435 which has been submitted
2959	within the previous 5 years in compliance with any other health
2960	care or assisted living licensure requirements of this state is
2961	acceptable in fulfillment of the requirements of paragraph (a).
2962	(d)  A provisional license may be granted to an applicant
2963	when each individual required by this section to undergo
2964	background screening has met the standards for the Department of
2965	Law Enforcement background check but the agency has not yet
2966	received background screening results from the Federal Bureau of
2967	Investigation. A standard license may be granted to the
2968	applicant upon the agency's receipt of a report of the results
2969	of the Federal Bureau of Investigation background screening for
2970	each individual required by this section to undergo background
2971	screening which confirms that all standards have been met, or
2972	upon the granting of a disqualification exemption by the agency
2973	as set forth in chapter 435. Any other person who is required to
2974	undergo level 2 background screening may serve in his or her
2975	capacity pending the agency's receipt of the report from the
2976	Federal Bureau of Investigation. However, the person may not
2977	continue to serve if the report indicates any violation of
2978	background screening standards and a disqualification exemption
2979	has not been requested of and granted by the agency as set forth
2980	in chapter 435.
2981	(f)  Each applicant must submit to the agency a description
2982	and explanation of any conviction of an offense prohibited under
2983	the level 2 standards of chapter 435 by a member of the board of
2984	directors of the applicant, its officers, or any individual
2985	owning 5 percent or more of the applicant. This requirement does
2986	not apply to a director of a not-for-profit corporation or
2987	organization if the director serves solely in a voluntary
2988	capacity for the corporation or organization, does not regularly
2989	take part in the day-to-day operational decisions of the
2990	corporation or organization, receives no remuneration for his or
2991	her services on the corporation or organization's board of
2992	directors, and has no financial interest and has no family
2993	members with a financial interest in the corporation or
2994	organization, provided that the director and the not-for-profit
2995	corporation or organization include in the application a
2996	statement affirming that the director's relationship to the
2997	corporation satisfies the requirements of this paragraph.
2998	(g)  A license may not be granted to an applicant if the
2999	applicant or managing employee has been found guilty of,
3000	regardless of adjudication, or has entered a plea of nolo
3001	contendere or guilty to, any offense prohibited under the level
3002	2 standards for screening set forth in chapter 435, unless an
3003	exemption from disqualification has been granted by the agency
3004	as set forth in chapter 435.
3005	Section 50.  For the purpose of incorporating the amendment
3006	to section 435.04, Florida Statutes, in references thereto,
3007	section 400.5572, Florida Statutes, is reenacted to read:
3008	400.5572  Background screening.--
3009	(1)(a)  Level 2 background screening must be conducted on
3010	each of the following persons, who shall be considered employees
3011	for the purposes of conducting screening under chapter 435:
3012	1.  The adult day care center owner if an individual, the
3013	operator, and the financial officer.
3014	2.  An officer or board member if the owner of the adult
3015	day care center is a firm, corporation, partnership, or
3016	association, or any person owning 5 percent or more of the
3017	facility, if the agency has probable cause to believe that such
3018	person has been convicted of any offense prohibited by s.
3019	435.04. For each officer, board member, or person owning 5
3020	percent or more who has been convicted of any such offense, the
3021	facility shall submit to the agency a description and
3022	explanation of the conviction at the time of license
3023	application. This subparagraph does not apply to a board member
3024	of a not-for-profit corporation or organization if the board
3025	member serves solely in a voluntary capacity, does not regularly
3026	take part in the day-to-day operational decisions of the
3027	corporation or organization, receives no remuneration for his or
3028	her services, and has no financial interest and has no family
3029	members with a financial interest in the corporation or
3030	organization, provided that the board member and facility submit
3031	a statement affirming that the board member's relationship to
3032	the facility satisfies the requirements of this subparagraph.
3033	(b)  Proof of compliance with level 2 screening standards
3034	which has been submitted within the previous 5 years to meet any
3035	facility or professional licensure requirements of the agency or
3036	the Department of Health satisfies the requirements of this
3037	subsection.
3038	(c)  The agency may grant a provisional license to an adult
3039	day care center applying for an initial license when each
3040	individual required by this subsection to undergo screening has
3041	completed the Department of Law Enforcement background check,
3042	but has not yet received results from the Federal Bureau of
3043	Investigation, or when a request for an exemption from
3044	disqualification has been submitted to the agency pursuant to s.
3045	435.07, but a response has not been issued.
3046	(2)  The owner or administrator of an adult day care center
3047	must conduct level 1 background screening as set forth in
3048	chapter 435 on all employees hired on or after October 1, 1998,
3049	who provide basic services or supportive and optional services
3050	to the participants. Such persons satisfy this requirement if:
3051	(a)  Proof of compliance with level 1 screening
3052	requirements obtained to meet any professional license
3053	requirements in this state is provided and accompanied, under
3054	penalty of perjury, by a copy of the person's current
3055	professional license and an affidavit of current compliance with
3056	the background screening requirements.
3057	(b)  The person required to be screened has been
3058	continuously employed, without a breach in service that exceeds
3059	180 days, in the same type of occupation for which the person is
3060	seeking employment and provides proof of compliance with the
3061	level 1 screening requirement which is no more than 2 years old.
3062	Proof of compliance must be provided directly from one employer
3063	or contractor to another, and not from the person screened. Upon
3064	request, a copy of screening results shall be provided to the
3065	person screened by the employer retaining documentation of the
3066	screening.
3067	(c)  The person required to be screened is employed by a
3068	corporation or business entity or related corporation or
3069	business entity that owns, operates, or manages more than one
3070	facility or agency licensed under this chapter, and for whom a
3071	level 1 screening was conducted by the corporation or business
3072	entity as a condition of initial or continued employment.
3073	Section 51.  For the purpose of incorporating the amendment
3074	to section 435.04, Florida Statutes, in references thereto,
3075	paragraph (a) of subsection (3) of section 400.607, Florida
3076	Statutes, is reenacted to read:
3077	400.607  Denial, suspension, or revocation of license;
3078	imposition of administrative fine; grounds; injunctions.--
3079	(3)  The agency may deny or revoke a license upon a
3080	determination that:
3081	(a)  Persons subject to level 2 background screening under
3082	s. 400.6065 do not meet the screening standards of s. 435.04,
3083	and exemptions from disqualification have not been provided by
3084	the agency.
3085	Section 52.  For the purpose of incorporating the amendment
3086	to section 435.04, Florida Statutes, in references thereto,
3087	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3088	section 400.801, Florida Statutes, are reenacted to read:
3089	400.801  Homes for special services.--
3090	(4)  Each applicant for licensure must comply with the
3091	following requirements:
3092	(a)  Upon receipt of a completed, signed, and dated
3093	application, the agency shall require background screening, in
3094	accordance with the level 2 standards for screening set forth in
3095	chapter 435, of the managing employee, or other similarly titled
3096	individual who is responsible for the daily operation of the
3097	facility, and of the financial officer, or other similarly
3098	titled individual who is responsible for the financial operation
3099	of the facility, including billings for client care and
3100	services, in accordance with the level 2 standards for screening
3101	set forth in chapter 435. The applicant must comply with the
3102	procedures for level 2 background screening as set forth in
3103	chapter 435.
3104	(b)  The agency may require background screening of any
3105	other individual who is an applicant if the agency has probable
3106	cause to believe that he or she has been convicted of a crime or
3107	has committed any other offense prohibited under the level 2
3108	standards for screening set forth in chapter 435.
3109	(c)  Proof of compliance with the level 2 background
3110	screening requirements of chapter 435 which has been submitted
3111	within the previous 5 years in compliance with any other health
3112	care or assisted living licensure requirements of this state is
3113	acceptable in fulfillment of the requirements of paragraph (a).
3114	(d)  A provisional license may be granted to an applicant
3115	when each individual required by this section to undergo
3116	background screening has met the standards for the Department of
3117	Law Enforcement background check, but the agency has not yet
3118	received background screening results from the Federal Bureau of
3119	Investigation, or a request for a disqualification exemption has
3120	been submitted to the agency as set forth in chapter 435, but a
3121	response has not yet been issued. A standard license may be
3122	granted to the applicant upon the agency's receipt of a report
3123	of the results of the Federal Bureau of Investigation background
3124	screening for each individual required by this section to
3125	undergo background screening which confirms that all standards
3126	have been met, or upon the granting of a disqualification
3127	exemption by the agency as set forth in chapter 435. Any other
3128	person who is required to undergo level 2 background screening
3129	may serve in his or her capacity pending the agency's receipt of
3130	the report from the Federal Bureau of Investigation. However,
3131	the person may not continue to serve if the report indicates any
3132	violation of background screening standards and a
3133	disqualification exemption has not been requested of and granted
3134	by the agency as set forth in chapter 435.
3135	(f)  Each applicant must submit to the agency a description
3136	and explanation of any conviction of an offense prohibited under
3137	the level 2 standards of chapter 435 by a member of the board of
3138	directors of the applicant, its officers, or any individual
3139	owning 5 percent or more of the applicant. This requirement does
3140	not apply to a director of a not-for-profit corporation or
3141	organization if the director serves solely in a voluntary
3142	capacity for the corporation or organization, does not regularly
3143	take part in the day-to-day operational decisions of the
3144	corporation or organization, receives no remuneration for his or
3145	her services on the corporation or organization's board of
3146	directors, and has no financial interest and has no family
3147	members with a financial interest in the corporation or
3148	organization, provided that the director and the not-for-profit
3149	corporation or organization include in the application a
3150	statement affirming that the director's relationship to the
3151	corporation satisfies the requirements of this paragraph.
3152	(g)  A license may not be granted to an applicant if the
3153	applicant or managing employee has been found guilty of,
3154	regardless of adjudication, or has entered a plea of nolo
3155	contendere or guilty to, any offense prohibited under the level
3156	2 standards for screening set forth in chapter 435, unless an
3157	exemption from disqualification has been granted by the agency
3158	as set forth in chapter 435.
3159	Section 53.  For the purpose of incorporating the amendment
3160	to section 435.04, Florida Statutes, in references thereto,
3161	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3162	section 400.805, Florida Statutes, are reenacted to read:
3163	400.805  Transitional living facilities.--
3164	(3)  Each applicant for licensure must comply with the
3165	following requirements:
3166	(a)  Upon receipt of a completed, signed, and dated
3167	application, the agency shall require background screening, in
3168	accordance with the level 2 standards for screening set forth in
3169	chapter 435, of the managing employee, or other similarly titled
3170	individual who is responsible for the daily operation of the
3171	facility, and of the financial officer, or other similarly
3172	titled individual who is responsible for the financial operation
3173	of the facility, including billings for client care and
3174	services. The applicant must comply with the procedures for
3175	level 2 background screening as set forth in chapter 435.
3176	(b)  The agency may require background screening of any
3177	other individual who is an applicant if the agency has probable
3178	cause to believe that he or she has been convicted of a crime or
3179	has committed any other offense prohibited under the level 2
3180	standards for screening set forth in chapter 435.
3181	(c)  Proof of compliance with the level 2 background
3182	screening requirements of chapter 435 which has been submitted
3183	within the previous 5 years in compliance with any other health
3184	care or assisted living licensure requirements of this state is
3185	acceptable in fulfillment of the requirements of paragraph (a).
3186	(d)  A provisional license may be granted to an applicant
3187	when each individual required by this section to undergo
3188	background screening has met the standards for the Department of
3189	Law Enforcement background check, but the agency has not yet
3190	received background screening results from the Federal Bureau of
3191	Investigation, or a request for a disqualification exemption has
3192	been submitted to the agency as set forth in chapter 435, but a
3193	response has not yet been issued. A standard license may be
3194	granted to the applicant upon the agency's receipt of a report
3195	of the results of the Federal Bureau of Investigation background
3196	screening for each individual required by this section to
3197	undergo background screening which confirms that all standards
3198	have been met, or upon the granting of a disqualification
3199	exemption by the agency as set forth in chapter 435. Any other
3200	person who is required to undergo level 2 background screening
3201	may serve in his or her capacity pending the agency's receipt of
3202	the report from the Federal Bureau of Investigation. However,
3203	the person may not continue to serve if the report indicates any
3204	violation of background screening standards and a
3205	disqualification exemption has not been requested of and granted
3206	by the agency as set forth in chapter 435.
3207	(f)  Each applicant must submit to the agency a description
3208	and explanation of any conviction of an offense prohibited under
3209	the level 2 standards of chapter 435 by a member of the board of
3210	directors of the applicant, its officers, or any individual
3211	owning 5 percent or more of the applicant. This requirement does
3212	not apply to a director of a not-for-profit corporation or
3213	organization if the director serves solely in a voluntary
3214	capacity for the corporation or organization, does not regularly
3215	take part in the day-to-day operational decisions of the
3216	corporation or organization, receives no remuneration for his or
3217	her services on the corporation or organization's board of
3218	directors, and has no financial interest and has no family
3219	members with a financial interest in the corporation or
3220	organization, provided that the director and the not-for-profit
3221	corporation or organization include in the application a
3222	statement affirming that the director's relationship to the
3223	corporation satisfies the requirements of this paragraph.
3224	(g)  A license may not be granted to an applicant if the
3225	applicant or managing employee has been found guilty of,
3226	regardless of adjudication, or has entered a plea of nolo
3227	contendere or guilty to, any offense prohibited under the level
3228	2 standards for screening set forth in chapter 435, unless an
3229	exemption from disqualification has been granted by the agency
3230	as set forth in chapter 435.
3231	Section 54.  For the purpose of incorporating the amendment
3232	to section 435.04, Florida Statutes, in references thereto,
3233	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3234	section 400.906, Florida Statutes, are reenacted to read:
3235	400.906  Initial application for license.--
3236	(5)  Each applicant for licensure must comply with the
3237	following requirements:
3238	(a)  Upon receipt of a completed, signed, and dated
3239	application, the agency shall require background screening, in
3240	accordance with the level 2 standards for screening set forth in
3241	chapter 435, of the operator, and of the financial officer, or
3242	other similarly titled individual who is responsible for the
3243	financial operation of the center, including billings for
3244	patient care and services. The applicant must comply with the
3245	procedures for level 2 background screening as set forth in
3246	chapter 435, as well as the requirements of s. 435.03(3).
3247	(b)  The agency may require background screening of any
3248	other individual who is an applicant if the agency has a
3249	reasonable basis for believing that he or she has been convicted
3250	of a crime or has committed any other offense prohibited under
3251	the level 2 standards for screening set forth in chapter 435.
3252	(c)  Proof of compliance with the level 2 background
3253	screening requirements of chapter 435 which has been submitted
3254	within the previous 5 years in compliance with any other health
3255	care licensure requirements of this state is acceptable in
3256	fulfillment of the requirements of paragraph (a).
3257	(d)  A provisional license may be granted to an applicant
3258	when each individual required by this section to undergo
3259	background screening has met the standards for the Department of
3260	Law Enforcement background check, but the agency has not yet
3261	received background screening results from the Federal Bureau of
3262	Investigation, or a request for a disqualification exemption has
3263	been submitted to the agency as set forth in chapter 435, but a
3264	response has not yet been issued. A standard license may be
3265	granted to the applicant upon the agency's receipt of a report
3266	of the results of the Federal Bureau of Investigation background
3267	screening for each individual required by this section to
3268	undergo background screening which confirms that all standards
3269	have been met, or upon the granting of a disqualification
3270	exemption by the agency as set forth in chapter 435. Any other
3271	person who is required to undergo level 2 background screening
3272	may serve in his or her capacity pending the agency's receipt of
3273	the report from the Federal Bureau of Investigation. However,
3274	the person may not continue to serve if the report indicates any
3275	violation of background screening standards and a
3276	disqualification exemption has not been requested of and granted
3277	by the agency as set forth in chapter 435.
3278	(f)  Each applicant must submit to the agency a description
3279	and explanation of any conviction of an offense prohibited under
3280	the level 2 standards of chapter 435 by a member of the board of
3281	directors of the applicant, its officers, or any individual
3282	owning 5 percent or more of the applicant. This requirement does
3283	not apply to a director of a not-for-profit corporation or
3284	organization if the director serves solely in a voluntary
3285	capacity for the corporation or organization, does not regularly
3286	take part in the day-to-day operational decisions of the
3287	corporation or organization, receives no remuneration for his or
3288	her services on the corporation or organization's board of
3289	directors, and has no financial interest and has no family
3290	members with a financial interest in the corporation or
3291	organization, provided that the director and the not-for-profit
3292	corporation or organization include in the application a
3293	statement affirming that the director's relationship to the
3294	corporation satisfies the requirements of this paragraph.
3295	(g)  A license may not be granted to an applicant if the
3296	applicant or managing employee has been found guilty of,
3297	regardless of adjudication, or has entered a plea of nolo
3298	contendere or guilty to, any offense prohibited under the level
3299	2 standards for screening set forth in chapter 435, unless an
3300	exemption from disqualification has been granted by the agency
3301	as set forth in chapter 435.
3302	Section 55.  For the purpose of incorporating the amendment
3303	to section 435.04, Florida Statutes, in references thereto,
3304	paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3305	section 400.931, Florida Statutes, are reenacted to read:
3306	400.931  Application for license; fee; provisional license;
3307	temporary permit.--
3308	(5)  Each applicant for licensure must comply with the
3309	following requirements:
3310	(a)  Upon receipt of a completed, signed, and dated
3311	application, the agency shall require background screening of
3312	the applicant, in accordance with the level 2 standards for
3313	screening set forth in chapter 435. As used in this subsection,
3314	the term "applicant" means the general manager and the financial
3315	officer or similarly titled individual who is responsible for
3316	the financial operation of the licensed facility.
3317	(b)  The agency may require background screening for a
3318	member of the board of directors of the licensee or an officer
3319	or an individual owning 5 percent or more of the licensee if the
3320	agency has probable cause to believe that such individual has
3321	been convicted of an offense prohibited under the level 2
3322	standards for screening set forth in chapter 435.
3323	(c)  Proof of compliance with the level 2 background
3324	screening requirements of chapter 435 which has been submitted
3325	within the previous 5 years in compliance with any other health
3326	care licensure requirements of this state is acceptable in
3327	fulfillment of paragraph (a).
3328	(e)  Each applicant must submit to the agency a description
3329	and explanation of any conviction of an offense prohibited under
3330	the level 2 standards of chapter 435 by a member of the board of
3331	directors of the applicant, its officers, or any individual
3332	owning 5 percent or more of the applicant. This requirement does
3333	not apply to a director of a not-for-profit corporation or
3334	organization if the director serves solely in a voluntary
3335	capacity for the corporation or organization, does not regularly
3336	take part in the day-to-day operational decisions of the
3337	corporation or organization, receives no remuneration for his or
3338	her services on the corporation's or organization's board of
3339	directors, and has no financial interest and has no family
3340	members with a financial interest in the corporation or
3341	organization, provided that the director and the not-for-profit
3342	corporation or organization include in the application a
3343	statement affirming that the director's relationship to the
3344	corporation satisfies the requirements of this provision.
3345	(f)  A license may not be granted to any potential licensee
3346	if any applicant, administrator, or financial officer has been
3347	found guilty of, regardless of adjudication, or has entered a
3348	plea of nolo contendere or guilty to, any offense prohibited
3349	under the level 2 standards for screening set forth in chapter
3350	435, unless an exemption from disqualification has been granted
3351	by the agency as set forth in chapter 435.
3352	Section 56.  For the purpose of incorporating the amendment
3353	to section 435.04, Florida Statutes, in references thereto,
3354	paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3355	section 400.962, Florida Statutes, are reenacted to read:
3356	400.962  License required; license application.--
3357	(10)(a)  Upon receipt of a completed, signed, and dated
3358	application, the agency shall require background screening of
3359	the applicant, in accordance with the level 2 standards for
3360	screening set forth in chapter 435. As used in this subsection,
3361	the term "applicant" means the facility administrator, or
3362	similarly titled individual who is responsible for the day-to-
3363	day operation of the licensed facility, and the facility
3364	financial officer, or similarly titled individual who is
3365	responsible for the financial operation of the licensed
3366	facility.
3367	(b)  The agency may require background screening for a
3368	member of the board of directors of the licensee or an officer
3369	or an individual owning 5 percent or more of the licensee if the
3370	agency has probable cause to believe that such individual has
3371	been convicted of an offense prohibited under the level 2
3372	standards for screening set forth in chapter 435.
3373	(c)  Proof of compliance with the level 2 background
3374	screening requirements of chapter 435 which has been submitted
3375	within the previous 5 years in compliance with any other
3376	licensure requirements under this chapter satisfies the
3377	requirements of paragraph (a). Proof of compliance with
3378	background screening which has been submitted within the
3379	previous 5 years to fulfill the requirements of the Financial
3380	Services Commission and the Office of Insurance Regulation under
3381	chapter 651 as part of an application for a certificate of
3382	authority to operate a continuing care retirement community
3383	satisfies the requirements for the Department of Law Enforcement
3384	and Federal Bureau of Investigation background checks.
3385	(d)  A provisional license may be granted to an applicant
3386	when each individual required by this section to undergo
3387	background screening has met the standards for the Department of
3388	Law Enforcement background check, but the agency has not yet
3389	received background screening results from the Federal Bureau of
3390	Investigation, or a request for a disqualification exemption has
3391	been submitted to the agency as set forth in chapter 435, but a
3392	response has not yet been issued. A license may be granted to
3393	the applicant upon the agency's receipt of a report of the
3394	results of the Federal Bureau of Investigation background
3395	screening for each individual required by this section to
3396	undergo background screening which confirms that all standards
3397	have been met, or upon the granting of a disqualification
3398	exemption by the agency as set forth in chapter 435. Any other
3399	person who is required to undergo level 2 background screening
3400	may serve in his or her capacity pending the agency's receipt of
3401	the report from the Federal Bureau of Investigation; however,
3402	the person may not continue to serve if the report indicates any
3403	violation of background screening standards and a
3404	disqualification exemption has not been granted by the agency as
3405	set forth in chapter 435.
3406	(f)  Each applicant must submit to the agency a description
3407	and explanation of any conviction of an offense prohibited under
3408	the level 2 standards of chapter 435 by a member of the board of
3409	directors of the applicant, its officers, or any individual
3410	owning 5 percent or more of the applicant. This requirement does
3411	not apply to a director of a not-for-profit corporation or
3412	organization if the director serves solely in a voluntary
3413	capacity for the corporation or organization, does not regularly
3414	take part in the day-to-day operational decisions of the
3415	corporation or organization, receives no remuneration for his or
3416	her services on the corporation's or organization's board of
3417	directors, and has no financial interest and has no family
3418	members with a financial interest in the corporation or
3419	organization, provided that the director and the not-for-profit
3420	corporation or organization include in the application a
3421	statement affirming that the director's relationship to the
3422	corporation satisfies the requirements of this paragraph.
3423	Section 57.  For the purpose of incorporating the amendment
3424	to section 435.04, Florida Statutes, in references thereto,
3425	paragraphs (b) and (d) of subsection (7) of section 400.991,
3426	Florida Statutes, are reenacted to read:
3427	400.991  License requirements; background screenings;
3428	prohibitions.--
3429	(7)  Each applicant for licensure shall comply with the
3430	following requirements:
3431	(b)  Upon receipt of a completed, signed, and dated
3432	application, the agency shall require background screening of
3433	the applicant, in accordance with the level 2 standards for
3434	screening set forth in chapter 435. Proof of compliance with the
3435	level 2 background screening requirements of chapter 435 which
3436	has been submitted within the previous 5 years in compliance
3437	with any other health care licensure requirements of this state
3438	is acceptable in fulfillment of this paragraph.
3439	(d)  A license may not be granted to a clinic if the
3440	applicant has been found guilty of, regardless of adjudication,
3441	or has entered a plea of nolo contendere or guilty to, any
3442	offense prohibited under the level 2 standards for screening set
3443	forth in chapter 435, or a violation of insurance fraud under s.
3444	817.234, within the past 5 years. If the applicant has been
3445	convicted of an offense prohibited under the level 2 standards
3446	or insurance fraud in any jurisdiction, the applicant must show
3447	that his or her civil rights have been restored prior to
3448	submitting an application.
3449	Section 58.  For the purpose of incorporating the amendment
3450	to section 435.04, Florida Statutes, in references thereto,
3451	paragraph (e) of subsection (2) of section 402.302, Florida
3452	Statutes, is reenacted to read:
3453	402.302  Definitions.--
3454	(2)  "Child care facility" includes any child care center
3455	or child care arrangement which provides child care for more
3456	than five children unrelated to the operator and which receives
3457	a payment, fee, or grant for any of the children receiving care,
3458	wherever operated, and whether or not operated for profit. The
3459	following are not included:
3460	(e)  Operators of transient establishments, as defined in
3461	chapter 509, which provide child care services solely for the
3462	guests of their establishment or resort, provided that all child
3463	care personnel of the establishment are screened according to
3464	the level 2 screening requirements of chapter 435.
3465	Section 59.  For the purpose of incorporating the amendment
3466	to section 435.04, Florida Statutes, in references thereto,
3467	paragraph (a) of subsection (2) of section 402.305, Florida
3468	Statutes, is reenacted to read:
3469	402.305  Licensing standards; child care facilities.--
3470	(2)  PERSONNEL.--Minimum standards for child care personnel
3471	shall include minimum requirements as to:
3472	(a)  Good moral character based upon screening. This
3473	screening shall be conducted as provided in chapter 435, using
3474	the level 2 standards for screening set forth in that chapter.
3475	Section 60.  For the purpose of incorporating the amendment
3476	to section 435.04, Florida Statutes, in references thereto,
3477	subsection (3) of section 402.3054, Florida Statutes, is
3478	reenacted to read:
3479	402.3054  Child enrichment service providers.--
3480	(3)  A child enrichment service provider shall be of good
3481	moral character based upon screening. This screening shall be
3482	conducted as provided in chapter 435, using the level 2
3483	standards for screening set forth in that chapter. A child
3484	enrichment service provider must meet the screening requirements
3485	prior to providing services to a child in a child care facility.
3486	A child enrichment service provider who has met the screening
3487	standards shall not be required to be under the direct and
3488	constant supervision of child care personnel.
3489	Section 61.  For the purpose of incorporating the amendment
3490	to section 435.04, Florida Statutes, in references thereto,
3491	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3492	section 483.30, Florida Statutes, are reenacted to read:
3493	483.30  Licensing of centers.--
3494	(2)  Each applicant for licensure must comply with the
3495	following requirements:
3496	(a)  Upon receipt of a completed, signed, and dated
3497	application, the agency shall require background screening, in
3498	accordance with the level 2 standards for screening set forth in
3499	chapter 435, of the managing employee, or other similarly titled
3500	individual who is responsible for the daily operation of the
3501	center, and of the financial officer, or other similarly titled
3502	individual who is responsible for the financial operation of the
3503	center, including billings for patient services. The applicant
3504	must comply with the procedures for level 2 background screening
3505	as set forth in chapter 435, as well as the requirements of s.
3506	435.03(3).
3507	(b)  The agency may require background screening of any
3508	other individual who is an applicant if the agency has probable
3509	cause to believe that he or she has been convicted of a crime or
3510	has committed any other offense prohibited under the level 2
3511	standards for screening set forth in chapter 435.
3512	(c)  Proof of compliance with the level 2 background
3513	screening requirements of chapter 435 which has been submitted
3514	within the previous 5 years in compliance with any other health
3515	care licensure requirements of this state is acceptable in
3516	fulfillment of the requirements of paragraph (a).
3517	(d)  A provisional license may be granted to an applicant
3518	when each individual required by this section to undergo
3519	background screening has met the standards for the Department of
3520	Law Enforcement background check, but the agency has not yet
3521	received background screening results from the Federal Bureau of
3522	Investigation, or a request for a disqualification exemption has
3523	been submitted to the agency as set forth in chapter 435 but a
3524	response has not yet been issued. A license may be granted to
3525	the applicant upon the agency's receipt of a report of the
3526	results of the Federal Bureau of Investigation background
3527	screening for each individual required by this section to
3528	undergo background screening which confirms that all standards
3529	have been met, or upon the granting of a disqualification
3530	exemption by the agency as set forth in chapter 435. Any other
3531	person who is required to undergo level 2 background screening
3532	may serve in his or her capacity pending the agency's receipt of
3533	the report from the Federal Bureau of Investigation. However,
3534	the person may not continue to serve if the report indicates any
3535	violation of background screening standards and a
3536	disqualification exemption has not been requested of and granted
3537	by the agency as set forth in chapter 435.
3538	(f)  Each applicant must submit to the agency a description
3539	and explanation of any conviction of an offense prohibited under
3540	the level 2 standards of chapter 435 by a member of the board of
3541	directors of the applicant, its officers, or any individual
3542	owning 5 percent or more of the applicant. This requirement does
3543	not apply to a director of a not-for-profit corporation or
3544	organization if the director serves solely in a voluntary
3545	capacity for the corporation or organization, does not regularly
3546	take part in the day-to-day operational decisions of the
3547	corporation or organization, receives no remuneration for his or
3548	her services on the corporation or organization's board of
3549	directors, and has no financial interest and has no family
3550	members with a financial interest in the corporation or
3551	organization, provided that the director and the not-for-profit
3552	corporation or organization include in the application a
3553	statement affirming that the director's relationship to the
3554	corporation satisfies the requirements of this paragraph.
3555	(g)  A license may not be granted to an applicant if the
3556	applicant or managing employee has been found guilty of,
3557	regardless of adjudication, or has entered a plea of nolo
3558	contendere or guilty to, any offense prohibited under the level
3559	2 standards for screening set forth in chapter 435, unless an
3560	exemption from disqualification has been granted by the agency
3561	as set forth in chapter 435.
3562	Section 62.  For the purpose of incorporating the amendment
3563	to section 435.04, Florida Statutes, in references thereto,
3564	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3565	section 483.101, Florida Statutes, are reenacted to read:
3566	483.101  Application for clinical laboratory license.--
3567	(2)  Each applicant for licensure must comply with the
3568	following requirements:
3569	(a)  Upon receipt of a completed, signed, and dated
3570	application, the agency shall require background screening, in
3571	accordance with the level 2 standards for screening set forth in
3572	chapter 435, of the managing director or other similarly titled
3573	individual who is responsible for the daily operation of the
3574	laboratory and of the financial officer, or other similarly
3575	titled individual who is responsible for the financial operation
3576	of the laboratory, including billings for patient services. The
3577	applicant must comply with the procedures for level 2 background
3578	screening as set forth in chapter 435, as well as the
3579	requirements of s. 435.03(3).
3580	(b)  The agency may require background screening of any
3581	other individual who is an applicant if the agency has probable
3582	cause to believe that he or she has been convicted of a crime or
3583	has committed any other offense prohibited under the level 2
3584	standards for screening set forth in chapter 435.
3585	(c)  Proof of compliance with the level 2 background
3586	screening requirements of chapter 435 which has been submitted
3587	within the previous 5 years in compliance with any other health
3588	care licensure requirements of this state is acceptable in
3589	fulfillment of the requirements of paragraph (a).
3590	(d)  A provisional license may be granted to an applicant
3591	when each individual required by this section to undergo
3592	background screening has met the standards for the Department of
3593	Law Enforcement background check but the agency has not yet
3594	received background screening results from the Federal Bureau of
3595	Investigation, or a request for a disqualification exemption has
3596	been submitted to the agency as set forth in chapter 435 but a
3597	response has not yet been issued. A license may be granted to
3598	the applicant upon the agency's receipt of a report of the
3599	results of the Federal Bureau of Investigation background
3600	screening for each individual required by this section to
3601	undergo background screening which confirms that all standards
3602	have been met, or upon the granting of a disqualification
3603	exemption by the agency as set forth in chapter 435. Any other
3604	person who is required to undergo level 2 background screening
3605	may serve in his or her capacity pending the agency's receipt of
3606	the report from the Federal Bureau of Investigation. However,
3607	the person may not continue to serve if the report indicates any
3608	violation of background screening standards and a
3609	disqualification exemption has not been requested of and granted
3610	by the agency as set forth in chapter 435.
3611	(f)  Each applicant must submit to the agency a description
3612	and explanation of any conviction of an offense prohibited under
3613	the level 2 standards of chapter 435 by a member of the board of
3614	directors of the applicant, its officers, or any individual
3615	owning 5 percent or more of the applicant. This requirement does
3616	not apply to a director of a not-for-profit corporation or
3617	organization if the director serves solely in a voluntary
3618	capacity for the corporation or organization, does not regularly
3619	take part in the day-to-day operational decisions of the
3620	corporation or organization, receives no remuneration for his or
3621	her services on the corporation or organization's board of
3622	directors, and has no financial interest and has no family
3623	members with a financial interest in the corporation or
3624	organization, provided that the director and the not-for-profit
3625	corporation or organization include in the application a
3626	statement affirming that the director's relationship to the
3627	corporation satisfies the requirements of this paragraph.
3628	(g)  A license may not be granted to an applicant if the
3629	applicant or managing employee has been found guilty of,
3630	regardless of adjudication, or has entered a plea of nolo
3631	contendere or guilty to, any offense prohibited under the level
3632	2 standards for screening set forth in chapter 435, unless an
3633	exemption from disqualification has been granted by the agency
3634	as set forth in chapter 435.
3635	Section 63.  For the purpose of incorporating the amendment
3636	to section 435.04, Florida Statutes, in references thereto,
3637	subsection (5) of section 744.1085, Florida Statutes, is
3638	reenacted to read:
3639	744.1085  Regulation of professional guardians;
3640	application; bond required; educational requirements.--
3641	(5)  As required in s. 744.3135, each professional guardian
3642	shall allow a level 2 background screening of the guardian and
3643	employees of the guardian in accordance with the provisions of
3644	s. 435.04.
3645	Section 64.  For the purpose of incorporating the amendment
3646	to section 435.04, Florida Statutes, in references thereto,
3647	paragraph (b) of subsection (2) of section 984.01, Florida
3648	Statutes, is reenacted to read:
3649	984.01  Purposes and intent; personnel standards and
3650	screening.--
3651	(2)  The Department of Juvenile Justice or the Department
3652	of Children and Family Services, as appropriate, may contract
3653	with the Federal Government, other state departments and
3654	agencies, county and municipal governments and agencies, public
3655	and private agencies, and private individuals and corporations
3656	in carrying out the purposes of, and the responsibilities
3657	established in, this chapter.
3658	(b)  The Department of Juvenile Justice and the Department
3659	of Children and Family Services shall require employment
3660	screening pursuant to chapter 435, using the level 2 standards
3661	set forth in that chapter for personnel in programs for children
3662	or youths.
3663	Section 65.  For the purpose of incorporating the amendment
3664	to section 435.04, Florida Statutes, in references thereto,
3665	paragraph (b) of subsection (2) of section 985.01, Florida
3666	Statutes, is reenacted to read:
3667	985.01  Purposes and intent; personnel standards and
3668	screening.--
3669	(2)  The Department of Juvenile Justice or the Department
3670	of Children and Family Services, as appropriate, may contract
3671	with the Federal Government, other state departments and
3672	agencies, county and municipal governments and agencies, public
3673	and private agencies, and private individuals and corporations
3674	in carrying out the purposes of, and the responsibilities
3675	established in, this chapter.
3676	(b)  The Department of Juvenile Justice and the Department
3677	of Children and Family Services shall require employment
3678	screening pursuant to chapter 435, using the level 2 standards
3679	set forth in that chapter for personnel in programs for children
3680	or youths.
3681	Section 66.  For the purpose of incorporating the amendment
3682	to section 435.04, Florida Statutes, in references thereto,
3683	paragraphs (a) and (b) of subsection (7) of section 1002.36,
3684	Florida Statutes, are reenacted to read:
3685	1002.36  Florida School for the Deaf and the Blind.--
3686	(7)  PERSONNEL SCREENING.--
3687	(a)  The Board of Trustees of the Florida School for the
3688	Deaf and the Blind shall, because of the special trust or
3689	responsibility of employees of the school, require all employees
3690	and applicants for employment to undergo personnel screening and
3691	security background investigations as provided in chapter 435,
3692	using the level 2 standards for screening set forth in that
3693	chapter, as a condition of employment and continued employment.
3694	The cost of a personnel screening and security background
3695	investigation for an employee of the school shall be paid by the
3696	school. The cost of such a screening and investigation for an
3697	applicant for employment may be paid by the school.
3698	(b)  As a prerequisite for initial and continuing
3699	employment at the Florida School for the Deaf and the Blind:
3700	1.  The applicant or employee shall submit to the Florida
3701	School for the Deaf and the Blind a complete set of fingerprints
3702	taken by an authorized law enforcement agency or an employee of
3703	the Florida School for the Deaf and the Blind who is trained to
3704	take fingerprints. The Florida School for the Deaf and the Blind
3705	shall submit the fingerprints to the Department of Law
3706	Enforcement for state processing and the Federal Bureau of
3707	Investigation for federal processing.
3708	2.a.  The applicant or employee shall attest to the minimum
3709	standards for good moral character as contained in chapter 435,
3710	using the level 2 standards set forth in that chapter under
3711	penalty of perjury.
3712	b.  New personnel shall be on a probationary status pending
3713	a determination of compliance with such minimum standards for
3714	good moral character. This paragraph is in addition to any
3715	probationary status provided for by Florida law or Florida
3716	School for the Deaf and the Blind rules or collective bargaining
3717	contracts.
3718	3.  The Florida School for the Deaf and the Blind shall
3719	review the record of the applicant or employee with respect to
3720	the crimes contained in s. 435.04 and shall notify the applicant
3721	or employee of its findings. When disposition information is
3722	missing on a criminal record, it shall be the responsibility of
3723	the applicant or employee, upon request of the Florida School
3724	for the Deaf and the Blind, to obtain and supply within 30 days
3725	the missing disposition information to the Florida School for
3726	the Deaf and the Blind. Failure to supply missing information
3727	within 30 days or to show reasonable efforts to obtain such
3728	information shall result in automatic disqualification of an
3729	applicant and automatic termination of an employee.
3730	4.  After an initial personnel screening and security
3731	background investigation, written notification shall be given to
3732	the affected employee within a reasonable time prior to any
3733	subsequent screening and investigation.
3734	Section 67.  For the purpose of incorporating the
3735	amendments to sections 943.0585 and 943.059, Florida Statutes,
3736	in references thereto, paragraph (a) of subsection (2) and
3737	subsection (6) of section 943.0582, Florida Statutes, are
3738	reenacted to read:
3739	943.0582  Prearrest, postarrest, or teen court diversion
3740	program expunction.--
3741	(2)(a)  As used in this section, the term "expunction" has
3742	the same meaning ascribed in and effect as s. 943.0585, except
3743	that:
3744	1.  The provisions of s. 943.0585(4)(a) do not apply,
3745	except that the criminal history record of a person whose record
3746	is expunged pursuant to this section shall be made available
3747	only to criminal justice agencies for the purpose of determining
3748	eligibility for prearrest, postarrest, or teen court diversion
3749	programs; when the record is sought as part of a criminal
3750	investigation; or when the subject of the record is a candidate
3751	for employment with a criminal justice agency. For all other
3752	purposes, a person whose record is expunged under this section
3753	may lawfully deny or fail to acknowledge the arrest and the
3754	charge covered by the expunged record.
3755	2.  Records maintained by local criminal justice agencies
3756	in the county in which the arrest occurred that are eligible for
3757	expunction pursuant to this section shall be sealed as the term
3758	is used in s. 943.059.
3759	(6)  Expunction or sealing granted under this section does
3760	not prevent the minor who receives such relief from petitioning
3761	for the expunction or sealing of a later criminal history record
3762	as provided for in ss. 943.0585 and 943.059, if the minor is
3763	otherwise eligible under those sections.
3764	Section 68.  For the purpose of incorporating the amendment
3765	to section 943.059, Florida Statutes, in references thereto,
3766	subsections (7), (8), and (9) of section 943.053, Florida
3767	Statutes, are reenacted to read:
3768	943.053  Dissemination of criminal justice information;
3769	fees.--
3770	(7)  Notwithstanding the provisions of s. 943.0525, and any
3771	user agreements adopted pursuant thereto, and notwithstanding
3772	the confidentiality of sealed records as provided for in s.
3773	943.059, the sheriff of any county that has contracted with a
3774	private entity to operate a county detention facility pursuant
3775	to the provisions of s. 951.062 shall provide that private
3776	entity, in a timely manner, copies of the Florida criminal
3777	history records for its inmates. The sheriff may assess a charge
3778	for the Florida criminal history records pursuant to the
3779	provisions of chapter 119. Sealed records received by the
3780	private entity under this section remain confidential and exempt
3781	from the provisions of s. 119.07(1).
3782	(8)  Notwithstanding the provisions of s. 943.0525, and any
3783	user agreements adopted pursuant thereto, and notwithstanding
3784	the confidentiality of sealed records as provided for in s.
3785	943.059, the Department of Corrections shall provide, in a
3786	timely manner, copies of the Florida criminal history records
3787	for inmates housed in a private state correctional facility to
3788	the private entity under contract to operate the facility
3789	pursuant to the provisions of s. 944.105 or s. 957.03. The
3790	department may assess a charge for the Florida criminal history
3791	records pursuant to the provisions of chapter 119. Sealed
3792	records received by the private entity under this section remain
3793	confidential and exempt from the provisions of s. 119.07(1).
3794	(9)  Notwithstanding the provisions of s. 943.0525 and any
3795	user agreements adopted pursuant thereto, and notwithstanding
3796	the confidentiality of sealed records as provided for in s.
3797	943.059, the Department of Juvenile Justice or any other state
3798	or local criminal justice agency may provide copies of the
3799	Florida criminal history records for juvenile offenders
3800	currently or formerly detained or housed in a contracted
3801	juvenile assessment center or detention facility or serviced in
3802	a contracted treatment program and for employees or other
3803	individuals who will have access to these facilities, only to
3804	the entity under direct contract with the Department of Juvenile
3805	Justice to operate these facilities or programs pursuant to the
3806	provisions of s. 985.411. The criminal justice agency providing
3807	such data may assess a charge for the Florida criminal history
3808	records pursuant to the provisions of chapter 119. Sealed
3809	records received by the private entity under this section remain
3810	confidential and exempt from the provisions of s. 119.07(1).
3811	Information provided under this section shall be used only for
3812	the criminal justice purpose for which it was requested and may
3813	not be further disseminated.
3814	Section 69.  The creation of sections 393.135, 394.4593,
3815	and 916.1075, Florida Statutes, by this act shall apply to
3816	offenses committed on or after the effective date of this act.
3817	Section 70.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.