HB 0721 2004
1	A bill to be entitled
2	An act relating to sexual misconduct; creating ss.
3	393.135, 394.4593, and 916.1075, F.S.; defining the terms
4	"employee," "sexual activity," and "sexual misconduct";
5	providing that it is a second degree felony for an
6	employee to engage in sexual misconduct with certain
7	developmentally disabled clients, certain mental health
8	patients, or certain forensic clients; providing certain
9	exceptions; prohibiting certain employment, and providing
10	for dismissal from employment, of a person who has engaged
11	in sexual misconduct with certain developmentally disabled
12	clients, certain mental health patients, or certain
13	forensic clients; requiring certain employees to report
14	sexual misconduct to the central abuse hotline of the
15	Department of Children and Family Services; providing for
16	notification to the inspector general of the Department of
17	Children and Family Services; providing that it is a first
18	degree misdemeanor to knowingly and willfully fail to make
19	a report as required, or to prevent another from doing so,
20	or to submit inaccurate or untruthful information;
21	providing that it is a third degree felony to coerce or
22	threaten another person to alter testimony or a report
23	with respect to an incident of sexual misconduct;
24	providing criminal penalties; amending s. 435.03, F.S.;
25	expanding level 1 screening standards to include criminal
26	offenses related to sexual misconduct with certain
27	developmentally disabled clients, mental health patients,
28	or forensic clients and the reporting of such sexual
29	misconduct; amending s. 435.04, F.S.; expanding level 2
30	screening standards to include the offenses related to
31	sexual misconduct with certain developmentally disabled
32	clients, mental health patients, or forensic clients and
33	the reporting of such sexual misconduct; amending s.
34	943.0585, F.S., relating to court-ordered expunction of
35	criminal history records, for the purpose of incorporating
36	the amendment to s. 943.059, F.S., in a reference thereto;
37	providing that certain criminal history records relating
38	to sexual misconduct with developmentally disabled
39	clients, mental health patients, or forensic clients, or
40	the reporting of such sexual misconduct, shall not be
41	expunged; providing that the application for eligibility
42	for expunction certify that the criminal history record
43	does not relate to an offense involving sexual misconduct
44	with certain developmentally disabled clients, mental
45	health patients, or forensic clients, or the reporting of
46	such sexual misconduct; amending s. 943.059, F.S.,
47	relating to court-ordered sealing of criminal history
48	records, for the purpose of incorporating the amendment to
49	s. 943.0585, F.S., in a reference thereto; providing that
50	certain criminal history records relating to sexual
51	misconduct with developmentally disabled clients, mental
52	health patients, or forensic clients, or the reporting of
53	such sexual misconduct, shall not be sealed; providing
54	that the application for eligibility for sealing certify
55	that the criminal history record does not relate to an
56	offense involving sexual misconduct with certain
57	developmentally disabled clients, mental health patients,
58	or forensic clients, or the reporting of such sexual
59	misconduct; amending s. 400.215, F.S., and reenacting
60	paragraphs (b) and (c) of subsection (2) and subsection
61	(3), relating to background screening requirements for
62	certain nursing home personnel, for the purpose of
63	incorporating the amendments to ss. 435.03 and 435.04,
64	F.S., in references thereto; correcting a cross reference;
65	amending s. 400.964, F.S., and reenacting subsections (1),
66	(2), and (7), relating to background screening
67	requirements for certain personnel employed by
68	intermediate care facilities for the developmentally
69	disabled, for the purpose of incorporating the amendments
70	to ss. 435.03 and 435.04, F.S., in references thereto;
71	correcting a cross reference; amending s. 435.045, F.S.,
72	and reenacting paragraph (a) of subsection (1), relating
73	to requirements for the placement of dependent children,
74	for the purpose of incorporating the amendment to s.
75	435.04, F.S., in a reference thereto; correcting a cross
76	reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
77	400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
78	400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
79	(f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
80	(3), 744.3135, and 985.04(2), F.S., relating to denial,
81	revocation, or suspension of license to operate an
82	assisted living facility; background screening
83	requirements for certain personnel employed by assisted
84	living facilities; registration of particular home health
85	care service providers; denial, suspension, or revocation
86	of license to operate adult day care centers; background
87	screening requirements for certain hospice personnel;
88	background screening requirements for registrants of the
89	health care service pools; the definition of "screening"
90	in connection with the licensure of family foster homes,
91	residential child-caring agencies, and child-placing
92	agencies; background screening requirements of Medicaid
93	providers; employment of persons in positions requiring
94	background screening; credit and criminal investigations
95	of guardians; oaths, records, and confidential information
96	pertaining to juvenile offenders, respectively, for the
97	purpose of incorporating the amendments to ss. 435.03 and
98	435.04, F.S., in references thereto; reenacting ss.
99	400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
100	435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
101	985.407(4), F.S., relating to background screening of home
102	health agency personnel, nurse registry personnel,
103	companions, and homemakers; application and renewal of
104	adult family-care home provider licenses; relating to
105	denial, revocation, or suspension of adult family-care
106	home provider license; background screening of home
107	medical equipment provider personnel, background screening
108	requirements for certain persons responsible for managed
109	care plans; exemptions from disqualification from
110	employment; denial of nursing license and disciplinary
111	actions against such licensees; disqualification of
112	guardians; removal of guardians; background screening
113	requirements for certain Department of Juvenile Justice
114	personnel, respectively, for the purpose of incorporating
115	the amendment to s. 435.03, F.S., in references thereto;
116	reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
117	(c), 112.0455(12)(a), 381.0059(1), (2), and (4),
118	381.60225(1)(a), (b), (c), (d), (f), and (g),
119	383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
120	(b), (c), (d), (f), and (g), 393.0655(1), 393.067(6)(a),
121	(b), (c), (d), (f), and (g), 394.4572(1)(a),
122	394.875(13)(a), (b), (c), (d), (f), and (g), 395.0055(1),
123	(2), (3), (4), (6), and (8), 395.0199(4)(a), (b), (c),
124	(d), (f), and (g), 397.451(1)(a), 400.071(4)(a), (b), (c),
125	(d), and (f), 400.471(4)(a), (b), (c), (d), (f), and (g),
126	400.506(2)(a), (b), (c), (d), (f), and (g), 400.5572,
127	400.607(3)(a), 400.801(4)(a), (b), (c), (d), (f), and (g),
128	400.805(3)(a), (b), (c), (d), (f), and (g), 400.906(5)(a),
129	(b), (c), (d), (f), and (g), 400.931(5)(a), (b), (c), (e),
130	and (f), 400.962(10)(a), (b), (c), (d), and (f),
131	400.991(7)(b) and (d), 402.302(2)(e), 402.305(2)(a),
132	402.3054(3), 483.30(2)(a), (b), (c), (d), (f), and (g),
133	483.101(2)(a), (b), (c), (d), (f), and (g), 744.1085(5),
134	984.01(2)(b), 985.01(2)(b), 1002.36(7)(a) and (b), F.S.,
135	relating to background screening requirements for certain
136	Department of Children and Family Services personnel;
137	qualifications of guardians ad litem; security checks of
138	certain public officers and employees; background
139	screening requirements of certain laboratory personnel in
140	connection with the Drug-Free Workplace Act; background
141	screening requirements for school health services
142	personnel; background screening of certain personnel of
143	the public health system; background screening and
144	licensure of birth center personnel; background screening
145	and licensure of abortion clinic personnel; background
146	screening of direct service providers; background
147	screening and licensure of personnel of intermediate care
148	facilities for the developmentally disabled; background
149	screening of mental health personnel; background screening
150	and licensure of personnel of crisis stabilization units,
151	residential treatment facilities, and residential
152	treatment centers for children and adolescents; background
153	screening and licensure of personnel of hospitals,
154	ambulatory surgical centers, and mobile surgical
155	facilities; background screening of certain personnel in
156	connection with registration for private utilization
157	reviews; background screening of certain service provider
158	personnel; background screening and licensure of certain
159	long-term care facility personnel; background screening
160	and licensure of certain home health agency personnel;
161	background screening and licensure of nurse registry
162	applicants; background screening of certain adult day care
163	center personnel; denial or revocation of hospice license;
164	background screening and licensure of certain transitional
165	living facility personnel; background screening and
166	licensure of certain prescribed pediatric extended care
167	center personnel; background screening and licensure of
168	certain home medical equipment provider personnel;
169	background screening and licensure of certain personnel of
170	intermediate care facilities for the developmentally
171	disabled; background screening and licensure of health
172	care clinic personnel; the definition of "child care
173	facility" in connection with background screening of
174	operators; background screening requirements for personnel
175	of child care facilities; background screening
176	requirements for child enrichment service providers;
177	background screening and licensure of certain personnel of
178	multiphasic health testing centers; background screening
179	and licensure of certain clinical laboratory personnel;
180	regulation of professional guardians; background screening
181	of certain Department of Juvenile Justice and Department
182	of Children and Family Services personnel in connection
183	with programs for children and families in need of
184	services; background screening of certain Department of
185	Juvenile Justice and Department of Children and Family
186	Services personnel in connection with juvenile justice
187	programs, background screening of personnel of the Florida
188	School for the Deaf and the Blind, respectively, for the
189	purposes of incorporating the amendment to s. 435.04,
190	F.S., in references thereto; reenacting s. 943.0582(2)(a)
191	and (6), F.S., relating to prearrest, postarrest, or teen
192	court diversion program expunction for the purpose of
193	incorporating the amendments to ss. 943.0585 and 943.059,
194	F.S., in references thereto; reenacting s. 943.053(7),
195	(8), and (9), F.S., relating to dissemination of criminal
196	justice information, for the purpose of incorporating the
197	amendment to s. 943.059, F.S., in references thereto;
198	providing applicability; providing an effective date.
199
200	Be It Enacted by the Legislature of the State of Florida:
201
202	Section 1. Section 393.135, Florida Statutes, is created
203	to read:
204	393.135 Sexual misconduct prohibited; reporting required;
205	penalties.--
206	(1) As used in this section, the term:
207	(a) "Employee" includes any person under contract with the
208	agency or the department and any paid staff member, volunteer,
209	or intern of the agency or the department or any person under
210	contract with the agency or the department.
211	(b) "Sexual activity" means fondling the genital area,
212	groin, inner thighs, buttocks, or breasts of a person; the oral,
213	anal, or vaginal penetration by or union with the sexual organ
214	of another; or the anal or vaginal penetration of another by any
215	other object.
216	(c) "Sexual misconduct" means any sexual activity between
217	an employee and a client, regardless of the consent of the
218	client. The term does not include an act done for a bona fide
219	medical purpose or an internal search conducted in the lawful
220	performance of duty by an employee.
221	(2) An employee who engages in sexual misconduct with a
222	client who:
223	(a) Is committed to the custody of the department;
224	(b) Resides in a residential facility, including any
225	comprehensive transitional education program, developmental
226	services institution, foster care facility, group home facility,
227	intermediate care facility for the developmentally disabled, or
228	residential habilitation center; or
229	(c) Receives services from a family care program
230
231	commits a felony of the second degree, punishable as provided in
232	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
233	guilty of violating this subsection without having committed the
234	crime of sexual battery.
235	(3) The consent of the client to sexual activity is not a
236	defense to prosecution under this section.
237	(4) This section does not apply to an employee who:
238	(a) Is legally married to the client; or
239	(b) Has no reason to believe that the person with whom the
240	employee engaged in sexual misconduct is a client receiving
241	services as described in subsection (2).
242	(5) Notwithstanding prosecution, any violation of this
243	subsection, as determined by the Public Employees Relations
244	Commission, constitutes sufficient cause under s. 110.227 for
245	dismissal from employment, and such person may not again be
246	employed in any capacity in connection with the developmental
247	services system.
248	(6) An employee who witnesses sexual misconduct, or who
249	otherwise knows or has reasonable cause to suspect that a person
250	has engaged in sexual misconduct, shall immediately report the
251	incident to the department's central abuse hotline. Such
252	employee shall also prepare, date, and sign an independent
253	report that specifically describes the nature of the sexual
254	misconduct, the location and time of the incident, and the
255	persons involved. The employee shall deliver the report to the
256	supervisor or program director, who is responsible for providing
257	copies to the department's inspector general. The inspector
258	general shall immediately conduct an appropriate administrative
259	investigation, and, if there is probable cause to believe that
260	sexual misconduct has occurred, the inspector general shall
261	notify the state attorney in the circuit in which the incident
262	occurred.
263	(7)(a) Any person who is required to make a report under
264	this section and who knowingly or willfully fails to do so, or
265	who knowingly or willfully prevents another person from doing
266	so, commits a misdemeanor of the first degree, punishable as
267	provided in s. 775.082 or s. 775.083.
268	(b) Any person who knowingly or willfully submits
269	inaccurate, incomplete, or untruthful information with respect
270	to a report required under this section commits a misdemeanor of
271	the first degree, punishable as provided in s. 775.082 or s.
272	775.083.
273	(c) Any person who knowingly or willfully coerces or
274	threatens any other person with the intent to alter testimony or
275	a written report regarding an incident of sexual misconduct
276	commits a felony of the third degree, punishable as provided in
277	s. 775.082, s. 775.083, or s. 775.084.
278	Section 2. Section 394.4593, Florida Statutes, is created
279	to read:
280	394.4593 Sexual misconduct prohibited; reporting required;
281	penalties.--
282	(1) As used in this section, the term:
283	(a) "Employee" includes any person under contract with the
284	department and any paid staff member, volunteer, or intern of
285	the department or any person under contract with the department.
286	(b) "Sexual activity" means fondling the genital area,
287	groin, inner thighs, buttocks, or breasts of a person; the oral,
288	anal, or vaginal penetration by or union with the sexual organ
289	of another; or the anal or vaginal penetration of another by any
290	other object.
291	(c) "Sexual misconduct" means any sexual activity between
292	an employee and a patient, regardless of the consent of the
293	patient. The term does not include an act done for a bona fide
294	medical purpose or an internal search conducted in the lawful
295	performance of duty by an employee.
296	(2) An employee who engages in sexual misconduct with a
297	patient who:
298	(a) Is committed to the custody of the department; or
299	(b) Resides in a facility that provides for the
300	evaluation, diagnosis, care, treatment, training, or
301	hospitalization of persons who appear to have a mental illness
302	or have been diagnosed as having a mental illness
303
304	commits a felony of the second degree, punishable as provided in
305	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
306	guilty of violating this subsection without having committed the
307	crime of sexual battery.
308	(3) The consent of the patient to sexual activity is not a
309	defense to prosecution under this section.
310	(4) This section does not apply to an employee who:
311	(a) Is legally married to the patient; or
312	(b) Has no reason to believe that the person with whom the
313	employee engaged in sexual misconduct is a patient receiving
314	services as described in subsection (2).
315	(5) Notwithstanding prosecution, any violation of this
316	subsection, as determined by the Public Employees Relations
317	Commission, constitutes sufficient cause under s. 110.227 for
318	dismissal from employment, and such person may not again be
319	employed in any capacity in connection with the mental health
320	services system.
321	(6) An employee who witnesses sexual misconduct, or who
322	otherwise knows or has reasonable cause to suspect that a person
323	has engaged in sexual misconduct, shall immediately report the
324	incident to the department's central abuse hotline. Such
325	employee shall also prepare, date, and sign an independent
326	report that specifically describes the nature of the sexual
327	misconduct, the location and time of the incident, and the
328	persons involved. The employee shall deliver the report to the
329	supervisor or program director, who is responsible for providing
330	copies to the department's inspector general. The inspector
331	general shall immediately conduct an appropriate administrative
332	investigation, and, if there is probable cause to believe that
333	sexual misconduct has occurred, the inspector general shall
334	notify the state attorney in the circuit in which the incident
335	occurred.
336	(7)(a) Any person who is required to make a report under
337	this section and who knowingly or willfully fails to do so, or
338	who knowingly or willfully prevents another person from doing
339	so, commits a misdemeanor of the first degree, punishable as
340	provided in s. 775.082 or s. 775.083.
341	(b) Any person who knowingly or willfully submits
342	inaccurate, incomplete, or untruthful information with respect
343	to a report required under this section commits a misdemeanor of
344	the first degree, punishable as provided in s. 775.082 or s.
345	775.083.
346	(c) Any person who knowingly or willfully coerces or
347	threatens any other person with the intent to alter testimony or
348	a written report regarding an incident of sexual misconduct
349	commits a felony of the third degree, punishable as provided in
350	s. 775.082, s. 775.083, or s. 775.084.
351	Section 3. Section 916.1075, Florida Statutes, is created
352	to read:
353	916.1075 Sexual misconduct prohibited; reporting required;
354	penalties.--
355	(1) As used in this section, the term:
356	(a) "Employee" includes any person under contract with the
357	department and any paid staff member, volunteer, or intern of
358	the department or any person under contract with the department.
359	(b) "Sexual activity" means fondling the genital area,
360	groin, inner thighs, buttocks, or breasts of a person; the oral,
361	anal, or vaginal penetration by or union with the sexual organ
362	of another; or the anal or vaginal penetration of another by any
363	other object.
364	(c) "Sexual misconduct" means any sexual activity between
365	an employee and a client, regardless of the consent of the
366	client. The term does not include an act done for a bona fide
367	medical purpose or an internal search conducted in the lawful
368	performance of duty by an employee.
369	(2) An employee who engages in sexual misconduct with a
370	client who resides in a civil or forensic facility commits a
371	felony of the second degree, punishable as provided in s.
372	775.082, s. 775.083, or s. 775.084. An employee may be found
373	guilty of violating this subsection without having committed the
374	crime of sexual battery.
375	(3) The consent of the client to sexual activity is not a
376	defense to prosecution under this section.
377	(4) This section does not apply to an employee who:
378	(a) Is legally married to the client; or
379	(b) Has no reason to believe that the person with whom the
380	employee engaged in sexual misconduct is a client receiving
381	services as described in subsection (2).
382	(5) Notwithstanding prosecution, any violation of this
383	subsection, as determined by the Public Employees Relations
384	Commission, constitutes sufficient cause under s. 110.227 for
385	dismissal from employment, and such person may not again be
386	employed in any capacity in connection with the developmentally
387	disabled or mental health services systems.
388	(6) An employee who witnesses sexual misconduct, or who
389	otherwise knows or has reasonable cause to suspect that a person
390	has engaged in sexual misconduct, shall immediately report the
391	incident to the department's central abuse hotline. Such
392	employee shall also prepare, date, and sign an independent
393	report that specifically describes the nature of the sexual
394	misconduct, the location and time of the incident, and the
395	persons involved. The employee shall deliver the report to the
396	supervisor or program director, who is responsible for providing
397	copies to the department's inspector general. The inspector
398	general shall immediately conduct an appropriate administrative
399	investigation, and, if there is probable cause to believe that
400	sexual misconduct has occurred, the inspector general shall
401	notify the state attorney in the circuit in which the incident
402	occurred.
403	(7)(a) Any person who is required to make a report under
404	this section and who knowingly or willfully fails to do so, or
405	who knowingly or willfully prevents another person from doing
406	so, commits a misdemeanor of the first degree, punishable as
407	provided in s. 775.082 or s. 775.083.
408	(b) Any person who knowingly or willfully submits
409	inaccurate, incomplete, or untruthful information with respect
410	to a report required under this section commits a misdemeanor of
411	the first degree, punishable as provided in s. 775.082 or s.
412	775.083.
413	(c) Any person who knowingly or willfully coerces or
414	threatens any other person with the intent to alter testimony or
415	a written report regarding an incident of sexual misconduct
416	commits a felony of the third degree, punishable as provided in
417	s. 775.082, s. 775.083, or s. 775.084.
418	Section 4. Subsection (2) of section 435.03, Florida
419	Statutes, is amended to read:
420	435.03 Level 1 screening standards.--
421	(2) Any person for whom employment screening is required
422	by statute must not have been found guilty of, regardless of
423	adjudication, or entered a plea of nolo contendere or guilty to,
424	any offense prohibited under any of the following provisions of
425	the Florida Statutes or under any similar statute of another
426	jurisdiction:
427	(a) Section 393.135, relating to sexual misconduct with
428	certain developmentally disabled clients and reporting of such
429	sexual misconduct.
430	(b) Section 394.4593, relating to sexual misconduct with
431	certain mental health patients and reporting of such sexual
432	misconduct.
433	(c)(a)Section 415.111, relating to abuse, neglect, or
434	exploitation of a vulnerable adult.
435	(d)(b)Section 782.04, relating to murder.
436	(e)(c)Section 782.07, relating to manslaughter,
437	aggravated manslaughter of an elderly person or disabled adult,
438	or aggravated manslaughter of a child.
439	(f)(d)Section 782.071, relating to vehicular homicide.
440	(g)(e)Section 782.09, relating to killing of an unborn
441	child by injury to the mother.
442	(h)(f)Section 784.011, relating to assault, if the victim
443	of the offense was a minor.
444	(i)(g)Section 784.021, relating to aggravated assault.
445	(j)(h)Section 784.03, relating to battery, if the victim
446	of the offense was a minor.
447	(k)(i)Section 784.045, relating to aggravated battery.
448	(l)(j)Section 787.01, relating to kidnapping.
449	(m)(k)Section 787.02, relating to false imprisonment.
450	(n)(l)Section 794.011, relating to sexual battery.
451	(o)(m)Former s. 794.041, relating to prohibited acts of
452	persons in familial or custodial authority.
453	(p)(n)Chapter 796, relating to prostitution.
454	(q)(o)Section 798.02, relating to lewd and lascivious
455	behavior.
456	(r)(p)Chapter 800, relating to lewdness and indecent
457	exposure.
458	(s)(q)Section 806.01, relating to arson.
459	(t)(r)Chapter 812, relating to theft, robbery, and
460	related crimes, if the offense was a felony.
461	(u)(s)Section 817.563, relating to fraudulent sale of
462	controlled substances, only if the offense was a felony.
463	(v)(t)Section 825.102, relating to abuse, aggravated
464	abuse, or neglect of an elderly person or disabled adult.
465	(w)(u)Section 825.1025, relating to lewd or lascivious
466	offenses committed upon or in the presence of an elderly person
467	or disabled adult.
468	(x)(v)Section 825.103, relating to exploitation of an
469	elderly person or disabled adult, if the offense was a felony.
470	(y)(w)Section 826.04, relating to incest.
471	(z)(x)Section 827.03, relating to child abuse, aggravated
472	child abuse, or neglect of a child.
473	(aa)(y)Section 827.04, relating to contributing to the
474	delinquency or dependency of a child.
475	(bb)(z)Former s. 827.05, relating to negligent treatment
476	of children.
477	(cc)(aa)Section 827.071, relating to sexual performance
478	by a child.
479	(dd)(bb)Chapter 847, relating to obscene literature.
480	(ee)(cc)Chapter 893, relating to drug abuse prevention
481	and control, only if the offense was a felony or if any other
482	person involved in the offense was a minor.
483	(ff) Section 916.0175, relating to sexual misconduct with
484	certain forensic clients and reporting of such sexual
485	misconduct.
486	Section 5. Subsection (2) of section 435.04, Florida
487	Statutes, is amended to read:
488	435.04 Level 2 screening standards.--
489	(2) The security background investigations under this
490	section must ensure that no persons subject to the provisions of
491	this section have been found guilty of, regardless of
492	adjudication, or entered a plea of nolo contendere or guilty to,
493	any offense prohibited under any of the following provisions of
494	the Florida Statutes or under any similar statute of another
495	jurisdiction:
496	(a) Section 393.135, relating to sexual misconduct with
497	certain developmentally disabled clients and reporting of such
498	sexual misconduct.
499	(b) Section 394.4593, relating to sexual misconduct with
500	certain mental health patients and reporting of such sexual
501	misconduct.
502	(c)(a)Section 415.111, relating to adult abuse, neglect,
503	or exploitation of aged persons or disabled adults.
504	(d)(b)Section 782.04, relating to murder.
505	(e)(c)Section 782.07, relating to manslaughter,
506	aggravated manslaughter of an elderly person or disabled adult,
507	or aggravated manslaughter of a child.
508	(f)(d)Section 782.071, relating to vehicular homicide.
509	(g)(e)Section 782.09, relating to killing of an unborn
510	child by injury to the mother.
511	(h)(f)Section 784.011, relating to assault, if the victim
512	of the offense was a minor.
513	(i)(g)Section 784.021, relating to aggravated assault.
514	(j)(h)Section 784.03, relating to battery, if the victim
515	of the offense was a minor.
516	(k)(i)Section 784.045, relating to aggravated battery.
517	(l)(j)Section 784.075, relating to battery on a detention
518	or commitment facility staff.
519	(m)(k)Section 787.01, relating to kidnapping.
520	(n)(l)Section 787.02, relating to false imprisonment.
521	(o)(m)Section 787.04(2), relating to taking, enticing, or
522	removing a child beyond the state limits with criminal intent
523	pending custody proceedings.
524	(p)(n)Section 787.04(3), relating to carrying a child
525	beyond the state lines with criminal intent to avoid producing a
526	child at a custody hearing or delivering the child to the
527	designated person.
528	(q)(o)Section 790.115(1), relating to exhibiting firearms
529	or weapons within 1,000 feet of a school.
530	(r)(p)Section 790.115(2)(b), relating to possessing an
531	electric weapon or device, destructive device, or other weapon
532	on school property.
533	(s)(q)Section 794.011, relating to sexual battery.
534	(t)(r)Former s. 794.041, relating to prohibited acts of
535	persons in familial or custodial authority.
536	(u)(s)Chapter 796, relating to prostitution.
537	(v)(t)Section 798.02, relating to lewd and lascivious
538	behavior.
539	(w)(u)Chapter 800, relating to lewdness and indecent
540	exposure.
541	(x)(v)Section 806.01, relating to arson.
542	(y)(w)Chapter 812, relating to theft, robbery, and
543	related crimes, if the offense is a felony.
544	(z)(x)Section 817.563, relating to fraudulent sale of
545	controlled substances, only if the offense was a felony.
546	(aa)(y)Section 825.102, relating to abuse, aggravated
547	abuse, or neglect of an elderly person or disabled adult.
548	(bb)(z)Section 825.1025, relating to lewd or lascivious
549	offenses committed upon or in the presence of an elderly person
550	or disabled adult.
551	(cc)(aa)Section 825.103, relating to exploitation of an
552	elderly person or disabled adult, if the offense was a felony.
553	(dd)(bb)Section 826.04, relating to incest.
554	(ee)(cc)Section 827.03, relating to child abuse,
555	aggravated child abuse, or neglect of a child.
556	(ff)(dd)Section 827.04, relating to contributing to the
557	delinquency or dependency of a child.
558	(gg)(ee)Former s. 827.05, relating to negligent treatment
559	of children.
560	(hh)(ff)Section 827.071, relating to sexual performance
561	by a child.
562	(ii)(gg)Section 843.01, relating to resisting arrest with
563	violence.
564	(jj)(hh)Section 843.025, relating to depriving a law
565	enforcement, correctional, or correctional probation officer
566	means of protection or communication.
567	(kk)(ii)Section 843.12, relating to aiding in an escape.
568	(ll)(jj)Section 843.13, relating to aiding in the escape
569	of juvenile inmates in correctional institutions.
570	(mm)(kk)Chapter 847, relating to obscene literature.
571	(nn)(ll)Section 874.05(1), relating to encouraging or
572	recruiting another to join a criminal gang.
573	(oo)(mm)Chapter 893, relating to drug abuse prevention
574	and control, only if the offense was a felony or if any other
575	person involved in the offense was a minor.
576	(pp) Section 916.0175, relating to sexual misconduct with
577	certain forensic clients and reporting of such sexual
578	misconduct.
579	(qq)(nn)Section 944.35(3), relating to inflicting cruel
580	or inhuman treatment on an inmate resulting in great bodily
581	harm.
582	(rr)(oo)Section 944.46, relating to harboring,
583	concealing, or aiding an escaped prisoner.
584	(ss)(pp)Section 944.47, relating to introduction of
585	contraband into a correctional facility.
586	(tt)(qq)Section 985.4045, relating to sexual misconduct
587	in juvenile justice programs.
588	(uu)(rr)Section 985.4046, relating to contraband
589	introduced into detention facilities.
590	Section 6. Section 943.0585, Florida Statutes, is amended
591	to read:
592	943.0585 Court-ordered expunction of criminal history
593	records.--The courts of this state have jurisdiction over their
594	own procedures, including the maintenance, expunction, and
595	correction of judicial records containing criminal history
596	information to the extent such procedures are not inconsistent
597	with the conditions, responsibilities, and duties established by
598	this section. Any court of competent jurisdiction may order a
599	criminal justice agency to expunge the criminal history record
600	of a minor or an adult who complies with the requirements of
601	this section. The court shall not order a criminal justice
602	agency to expunge a criminal history record until the person
603	seeking to expunge a criminal history record has applied for and
604	received a certificate of eligibility for expunction pursuant to
605	subsection (2). A criminal history record that relates to a
606	violation of s. 393.135, s. 394.4593,s. 787.025, chapter 794,
607	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
608	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
609	s. 916.1075,or a violation enumerated in s. 907.041 may not be
610	expunged, without regard to whether adjudication was withheld,
611	if the defendant was found guilty of or pled guilty or nolo
612	contendere to the offense, or if the defendant, as a minor, was
613	found to have committed, or pled guilty or nolo contendere to
614	committing, the offense as a delinquent act. The court may only
615	order expunction of a criminal history record pertaining to one
616	arrest or one incident of alleged criminal activity, except as
617	provided in this section. The court may, at its sole discretion,
618	order the expunction of a criminal history record pertaining to
619	more than one arrest if the additional arrests directly relate
620	to the original arrest. If the court intends to order the
621	expunction of records pertaining to such additional arrests,
622	such intent must be specified in the order. A criminal justice
623	agency may not expunge any record pertaining to such additional
624	arrests if the order to expunge does not articulate the
625	intention of the court to expunge a record pertaining to more
626	than one arrest. This section does not prevent the court from
627	ordering the expunction of only a portion of a criminal history
628	record pertaining to one arrest or one incident of alleged
629	criminal activity. Notwithstanding any law to the contrary, a
630	criminal justice agency may comply with laws, court orders, and
631	official requests of other jurisdictions relating to expunction,
632	correction, or confidential handling of criminal history records
633	or information derived therefrom. This section does not confer
634	any right to the expunction of any criminal history record, and
635	any request for expunction of a criminal history record may be
636	denied at the sole discretion of the court.
637	(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
638	petition to a court to expunge a criminal history record is
639	complete only when accompanied by:
640	(a) A certificate of eligibility for expunction issued by
641	the department pursuant to subsection (2).
642	(b) The petitioner's sworn statement attesting that the
643	petitioner:
644	1. Has never, prior to the date on which the petition is
645	filed, been adjudicated guilty of a criminal offense or
646	comparable ordinance violation or adjudicated delinquent for
647	committing a felony or a misdemeanor specified in s.
648	943.051(3)(b).
649	2. Has not been adjudicated guilty of, or adjudicated
650	delinquent for committing, any of the acts stemming from the
651	arrest or alleged criminal activity to which the petition
652	pertains.
653	3. Has never secured a prior sealing or expunction of a
654	criminal history record under this section, former s. 893.14,
655	former s. 901.33, or former s. 943.058, or from any jurisdiction
656	outside the state.
657	4. Is eligible for such an expunction to the best of his
658	or her knowledge or belief and does not have any other petition
659	to expunge or any petition to seal pending before any court.
660
661	Any person who knowingly provides false information on such
662	sworn statement to the court commits a felony of the third
663	degree, punishable as provided in s. 775.082, s. 775.083, or s.
664	775.084.
665	(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
666	petitioning the court to expunge a criminal history record, a
667	person seeking to expunge a criminal history record shall apply
668	to the department for a certificate of eligibility for
669	expunction. The department shall, by rule adopted pursuant to
670	chapter 120, establish procedures pertaining to the application
671	for and issuance of certificates of eligibility for expunction.
672	The department shall issue a certificate of eligibility for
673	expunction to a person who is the subject of a criminal history
674	record if that person:
675	(a) Has obtained, and submitted to the department, a
676	written, certified statement from the appropriate state attorney
677	or statewide prosecutor which indicates:
678	1. That an indictment, information, or other charging
679	document was not filed or issued in the case.
680	2. That an indictment, information, or other charging
681	document, if filed or issued in the case, was dismissed or nolle
682	prosequi by the state attorney or statewide prosecutor, or was
683	dismissed by a court of competent jurisdiction.
684	3. That the criminal history record does not relate to a
685	violation of s. 393.135, s. 394.4593,s. 787.025, chapter 794,
686	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
687	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
688	s. 916.1075,or a violation enumerated in s. 907.041, where the
689	defendant was found guilty of, or pled guilty or nolo contendere
690	to any such offense, or that the defendant, as a minor, was
691	found to have committed, or pled guilty or nolo contendere to
692	committing, such an offense as a delinquent act, without regard
693	to whether adjudication was withheld.
694	(b) Remits a $75 processing fee to the department for
695	placement in the Department of Law Enforcement Operating Trust
696	Fund, unless such fee is waived by the executive director.
697	(c) Has submitted to the department a certified copy of
698	the disposition of the charge to which the petition to expunge
699	pertains.
700	(d) Has never, prior to the date on which the application
701	for a certificate of eligibility is filed, been adjudicated
702	guilty of a criminal offense or comparable ordinance violation
703	or adjudicated delinquent for committing a felony or a
704	misdemeanor specified in s. 943.051(3)(b).
705	(e) Has not been adjudicated guilty of, or adjudicated
706	delinquent for committing, any of the acts stemming from the
707	arrest or alleged criminal activity to which the petition to
708	expunge pertains.
709	(f) Has never secured a prior sealing or expunction of a
710	criminal history record under this section, former s. 893.14,
711	former s. 901.33, or former s. 943.058.
712	(g) Is no longer under court supervision applicable to the
713	disposition of the arrest or alleged criminal activity to which
714	the petition to expunge pertains.
715	(h) Is not required to wait a minimum of 10 years prior to
716	being eligible for an expunction of such records because all
717	charges related to the arrest or criminal activity to which the
718	petition to expunge pertains were dismissed prior to trial,
719	adjudication, or the withholding of adjudication. Otherwise,
720	such criminal history record must be sealed under this section,
721	former s. 893.14, former s. 901.33, or former s. 943.058 for at
722	least 10 years before such record is eligible for expunction.
723	(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
724	(a) In judicial proceedings under this section, a copy of
725	the completed petition to expunge shall be served upon the
726	appropriate state attorney or the statewide prosecutor and upon
727	the arresting agency; however, it is not necessary to make any
728	agency other than the state a party. The appropriate state
729	attorney or the statewide prosecutor and the arresting agency
730	may respond to the court regarding the completed petition to
731	expunge.
732	(b) If relief is granted by the court, the clerk of the
733	court shall certify copies of the order to the appropriate state
734	attorney or the statewide prosecutor and the arresting agency.
735	The arresting agency is responsible for forwarding the order to
736	any other agency to which the arresting agency disseminated the
737	criminal history record information to which the order pertains.
738	The department shall forward the order to expunge to the Federal
739	Bureau of Investigation. The clerk of the court shall certify a
740	copy of the order to any other agency which the records of the
741	court reflect has received the criminal history record from the
742	court.
743	(c) For an order to expunge entered by a court prior to
744	July 1, 1992, the department shall notify the appropriate state
745	attorney or statewide prosecutor of an order to expunge which is
746	contrary to law because the person who is the subject of the
747	record has previously been convicted of a crime or comparable
748	ordinance violation or has had a prior criminal history record
749	sealed or expunged. Upon receipt of such notice, the appropriate
750	state attorney or statewide prosecutor shall take action, within
751	60 days, to correct the record and petition the court to void
752	the order to expunge. The department shall seal the record until
753	such time as the order is voided by the court.
754	(d) On or after July 1, 1992, the department or any other
755	criminal justice agency is not required to act on an order to
756	expunge entered by a court when such order does not comply with
757	the requirements of this section. Upon receipt of such an order,
758	the department must notify the issuing court, the appropriate
759	state attorney or statewide prosecutor, the petitioner or the
760	petitioner's attorney, and the arresting agency of the reason
761	for noncompliance. The appropriate state attorney or statewide
762	prosecutor shall take action within 60 days to correct the
763	record and petition the court to void the order. No cause of
764	action, including contempt of court, shall arise against any
765	criminal justice agency for failure to comply with an order to
766	expunge when the petitioner for such order failed to obtain the
767	certificate of eligibility as required by this section or such
768	order does not otherwise comply with the requirements of this
769	section.
770	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
771	criminal history record of a minor or an adult which is ordered
772	expunged by a court of competent jurisdiction pursuant to this
773	section must be physically destroyed or obliterated by any
774	criminal justice agency having custody of such record; except
775	that any criminal history record in the custody of the
776	department must be retained in all cases. A criminal history
777	record ordered expunged that is retained by the department is
778	confidential and exempt from the provisions of s. 119.07(1) and
779	s. 24(a), Art. I of the State Constitution and not available to
780	any person or entity except upon order of a court of competent
781	jurisdiction. A criminal justice agency may retain a notation
782	indicating compliance with an order to expunge.
783	(a) The person who is the subject of a criminal history
784	record that is expunged under this section or under other
785	provisions of law, including former s. 893.14, former s. 901.33,
786	and former s. 943.058, may lawfully deny or fail to acknowledge
787	the arrests covered by the expunged record, except when the
788	subject of the record:
789	1. Is a candidate for employment with a criminal justice
790	agency;
791	2. Is a defendant in a criminal prosecution;
792	3. Concurrently or subsequently petitions for relief under
793	this section or s. 943.059;
794	4. Is a candidate for admission to The Florida Bar;
795	5. Is seeking to be employed or licensed by or to contract
796	with the Department of Children and Family Services or the
797	Department of Juvenile Justice or to be employed or used by such
798	contractor or licensee in a sensitive position having direct
799	contact with children, the developmentally disabled, the aged,
800	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
801	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
802	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13),s.
803	985.407, or chapter 400; or
804	6. Is seeking to be employed or licensed by the Office of
805	Teacher Education, Certification, Staff Development, and
806	Professional Practices of the Department of Education, any
807	district school board, or any local governmental entity that
808	licenses child care facilities.
809	(b) Subject to the exceptions in paragraph (a), a person
810	who has been granted an expunction under this section, former s.
811	893.14, former s. 901.33, or former s. 943.058 may not be held
812	under any provision of law of this state to commit perjury or to
813	be otherwise liable for giving a false statement by reason of
814	such person's failure to recite or acknowledge an expunged
815	criminal history record.
816	(c) Information relating to the existence of an expunged
817	criminal history record which is provided in accordance with
818	paragraph (a) is confidential and exempt from the provisions of
819	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
820	except that the department shall disclose the existence of a
821	criminal history record ordered expunged to the entities set
822	forth in subparagraphs (a)1., 4., 5., and 6. for their
823	respective licensing and employment purposes, and to criminal
824	justice agencies for their respective criminal justice purposes.
825	It is unlawful for any employee of an entity set forth in
826	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
827	subparagraph (a)6. to disclose information relating to the
828	existence of an expunged criminal history record of a person
829	seeking employment or licensure with such entity or contractor,
830	except to the person to whom the criminal history record relates
831	or to persons having direct responsibility for employment or
832	licensure decisions. Any person who violates this paragraph
833	commits a misdemeanor of the first degree, punishable as
834	provided in s. 775.082 or s. 775.083.
835	(5) STATUTORY REFERENCES.--Any reference to any other
836	chapter, section, or subdivision of the Florida Statutes in this
837	section constitutes a general reference under the doctrine of
838	incorporation by reference.
839	Section 7. Section 943.059, Florida Statutes, is amended
840	to read:
841	943.059 Court-ordered sealing of criminal history
842	records.--The courts of this state shall continue to have
843	jurisdiction over their own procedures, including the
844	maintenance, sealing, and correction of judicial records
845	containing criminal history information to the extent such
846	procedures are not inconsistent with the conditions,
847	responsibilities, and duties established by this section. Any
848	court of competent jurisdiction may order a criminal justice
849	agency to seal the criminal history record of a minor or an
850	adult who complies with the requirements of this section. The
851	court shall not order a criminal justice agency to seal a
852	criminal history record until the person seeking to seal a
853	criminal history record has applied for and received a
854	certificate of eligibility for sealing pursuant to subsection
855	(2). A criminal history record that relates to a violation of s.
856	393.135, s. 394.4593,s. 787.025, chapter 794, s. 796.03, s.
857	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
858	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075,or
859	a violation enumerated in s. 907.041 may not be sealed, without
860	regard to whether adjudication was withheld, if the defendant
861	was found guilty of or pled guilty or nolo contendere to the
862	offense, or if the defendant, as a minor, was found to have
863	committed or pled guilty or nolo contendere to committing the
864	offense as a delinquent act. The court may only order sealing of
865	a criminal history record pertaining to one arrest or one
866	incident of alleged criminal activity, except as provided in
867	this section. The court may, at its sole discretion, order the
868	sealing of a criminal history record pertaining to more than one
869	arrest if the additional arrests directly relate to the original
870	arrest. If the court intends to order the sealing of records
871	pertaining to such additional arrests, such intent must be
872	specified in the order. A criminal justice agency may not seal
873	any record pertaining to such additional arrests if the order to
874	seal does not articulate the intention of the court to seal
875	records pertaining to more than one arrest. This section does
876	not prevent the court from ordering the sealing of only a
877	portion of a criminal history record pertaining to one arrest or
878	one incident of alleged criminal activity. Notwithstanding any
879	law to the contrary, a criminal justice agency may comply with
880	laws, court orders, and official requests of other jurisdictions
881	relating to sealing, correction, or confidential handling of
882	criminal history records or information derived therefrom. This
883	section does not confer any right to the sealing of any criminal
884	history record, and any request for sealing a criminal history
885	record may be denied at the sole discretion of the court.
886	(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
887	petition to a court to seal a criminal history record is
888	complete only when accompanied by:
889	(a) A certificate of eligibility for sealing issued by the
890	department pursuant to subsection (2).
891	(b) The petitioner's sworn statement attesting that the
892	petitioner:
893	1. Has never, prior to the date on which the petition is
894	filed, been adjudicated guilty of a criminal offense or
895	comparable ordinance violation or adjudicated delinquent for
896	committing a felony or a misdemeanor specified in s.
897	943.051(3)(b).
898	2. Has not been adjudicated guilty of or adjudicated
899	delinquent for committing any of the acts stemming from the
900	arrest or alleged criminal activity to which the petition to
901	seal pertains.
902	3. Has never secured a prior sealing or expunction of a
903	criminal history record under this section, former s. 893.14,
904	former s. 901.33, former s. 943.058, or from any jurisdiction
905	outside the state.
906	4. Is eligible for such a sealing to the best of his or
907	her knowledge or belief and does not have any other petition to
908	seal or any petition to expunge pending before any court.
909
910	Any person who knowingly provides false information on such
911	sworn statement to the court commits a felony of the third
912	degree, punishable as provided in s. 775.082, s. 775.083, or s.
913	775.084.
914	(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
915	petitioning the court to seal a criminal history record, a
916	person seeking to seal a criminal history record shall apply to
917	the department for a certificate of eligibility for sealing. The
918	department shall, by rule adopted pursuant to chapter 120,
919	establish procedures pertaining to the application for and
920	issuance of certificates of eligibility for sealing. The
921	department shall issue a certificate of eligibility for sealing
922	to a person who is the subject of a criminal history record
923	provided that such person:
924	(a) Has submitted to the department a certified copy of
925	the disposition of the charge to which the petition to seal
926	pertains.
927	(b) Remits a $75 processing fee to the department for
928	placement in the Department of Law Enforcement Operating Trust
929	Fund, unless such fee is waived by the executive director.
930	(c) Has never, prior to the date on which the application
931	for a certificate of eligibility is filed, been adjudicated
932	guilty of a criminal offense or comparable ordinance violation
933	or adjudicated delinquent for committing a felony or a
934	misdemeanor specified in s. 943.051(3)(b).
935	(d) Has not been adjudicated guilty of or adjudicated
936	delinquent for committing any of the acts stemming from the
937	arrest or alleged criminal activity to which the petition to
938	seal pertains.
939	(e) Has never secured a prior sealing or expunction of a
940	criminal history record under this section, former s. 893.14,
941	former s. 901.33, or former s. 943.058.
942	(f) Is no longer under court supervision applicable to the
943	disposition of the arrest or alleged criminal activity to which
944	the petition to seal pertains.
945	(3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
946	(a) In judicial proceedings under this section, a copy of
947	the completed petition to seal shall be served upon the
948	appropriate state attorney or the statewide prosecutor and upon
949	the arresting agency; however, it is not necessary to make any
950	agency other than the state a party. The appropriate state
951	attorney or the statewide prosecutor and the arresting agency
952	may respond to the court regarding the completed petition to
953	seal.
954	(b) If relief is granted by the court, the clerk of the
955	court shall certify copies of the order to the appropriate state
956	attorney or the statewide prosecutor and to the arresting
957	agency. The arresting agency is responsible for forwarding the
958	order to any other agency to which the arresting agency
959	disseminated the criminal history record information to which
960	the order pertains. The department shall forward the order to
961	seal to the Federal Bureau of Investigation. The clerk of the
962	court shall certify a copy of the order to any other agency
963	which the records of the court reflect has received the criminal
964	history record from the court.
965	(c) For an order to seal entered by a court prior to July
966	1, 1992, the department shall notify the appropriate state
967	attorney or statewide prosecutor of any order to seal which is
968	contrary to law because the person who is the subject of the
969	record has previously been convicted of a crime or comparable
970	ordinance violation or has had a prior criminal history record
971	sealed or expunged. Upon receipt of such notice, the appropriate
972	state attorney or statewide prosecutor shall take action, within
973	60 days, to correct the record and petition the court to void
974	the order to seal. The department shall seal the record until
975	such time as the order is voided by the court.
976	(d) On or after July 1, 1992, the department or any other
977	criminal justice agency is not required to act on an order to
978	seal entered by a court when such order does not comply with the
979	requirements of this section. Upon receipt of such an order, the
980	department must notify the issuing court, the appropriate state
981	attorney or statewide prosecutor, the petitioner or the
982	petitioner's attorney, and the arresting agency of the reason
983	for noncompliance. The appropriate state attorney or statewide
984	prosecutor shall take action within 60 days to correct the
985	record and petition the court to void the order. No cause of
986	action, including contempt of court, shall arise against any
987	criminal justice agency for failure to comply with an order to
988	seal when the petitioner for such order failed to obtain the
989	certificate of eligibility as required by this section or when
990	such order does not comply with the requirements of this
991	section.
992	(e) An order sealing a criminal history record pursuant to
993	this section does not require that such record be surrendered to
994	the court, and such record shall continue to be maintained by
995	the department and other criminal justice agencies.
996	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
997	history record of a minor or an adult which is ordered sealed by
998	a court of competent jurisdiction pursuant to this section is
999	confidential and exempt from the provisions of s. 119.07(1) and
1000	s. 24(a), Art. I of the State Constitution and is available only
1001	to the person who is the subject of the record, to the subject's
1002	attorney, to criminal justice agencies for their respective
1003	criminal justice purposes, or to those entities set forth in
1004	subparagraphs (a)1., 4., 5., and 6. for their respective
1005	licensing and employment purposes.
1006	(a) The subject of a criminal history record sealed under
1007	this section or under other provisions of law, including former
1008	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1009	deny or fail to acknowledge the arrests covered by the sealed
1010	record, except when the subject of the record:
1011	1. Is a candidate for employment with a criminal justice
1012	agency;
1013	2. Is a defendant in a criminal prosecution;
1014	3. Concurrently or subsequently petitions for relief under
1015	this section or s. 943.0585;
1016	4. Is a candidate for admission to The Florida Bar;
1017	5. Is seeking to be employed or licensed by or to contract
1018	with the Department of Children and Family Services or the
1019	Department of Juvenile Justice or to be employed or used by such
1020	contractor or licensee in a sensitive position having direct
1021	contact with children, the developmentally disabled, the aged,
1022	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1023	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1024	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1025	(13),s. 985.407, or chapter 400; or
1026	6. Is seeking to be employed or licensed by the Office of
1027	Teacher Education, Certification, Staff Development, and
1028	Professional Practices of the Department of Education, any
1029	district school board, or any local governmental entity which
1030	licenses child care facilities.
1031	(b) Subject to the exceptions in paragraph (a), a person
1032	who has been granted a sealing under this section, former s.
1033	893.14, former s. 901.33, or former s. 943.058 may not be held
1034	under any provision of law of this state to commit perjury or to
1035	be otherwise liable for giving a false statement by reason of
1036	such person's failure to recite or acknowledge a sealed criminal
1037	history record.
1038	(c) Information relating to the existence of a sealed
1039	criminal record provided in accordance with the provisions of
1040	paragraph (a) is confidential and exempt from the provisions of
1041	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1042	except that the department shall disclose the sealed criminal
1043	history record to the entities set forth in subparagraphs (a)1.,
1044	4., 5., and 6. for their respective licensing and employment
1045	purposes. It is unlawful for any employee of an entity set forth
1046	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1047	or subparagraph (a)6. to disclose information relating to the
1048	existence of a sealed criminal history record of a person
1049	seeking employment or licensure with such entity or contractor,
1050	except to the person to whom the criminal history record relates
1051	or to persons having direct responsibility for employment or
1052	licensure decisions. Any person who violates the provisions of
1053	this paragraph commits a misdemeanor of the first degree,
1054	punishable as provided in s. 775.082 or s. 775.083.
1055	(5) STATUTORY REFERENCES.--Any reference to any other
1056	chapter, section, or subdivision of the Florida Statutes in this
1057	section constitutes a general reference under the doctrine of
1058	incorporation by reference.
1059	Section 8. Paragraph (a) of subsection (2) of section
1060	400.215, Florida Statutes, is amended, and paragraphs (b) and
1061	(c) of subsection (2) and subsection (3) of said section are
1062	reenacted for the purpose of incorporating the amendments to
1063	sections 435.03 and 435.04, Florida Statutes, in references
1064	thereto, to read:
1065	400.215 Personnel screening requirement.--
1066	(2) Employers and employees shall comply with the
1067	requirements of s. 435.05.
1068	(a) Notwithstanding the provisions of s. 435.05(1),
1069	facilities must have in their possession evidence that level 1
1070	screening has been completed before allowing an employee to
1071	begin working with patients as provided in subsection (1). All
1072	information necessary for conducting background screening using
1073	level 1 standards as specified in s. 435.03(1)shall be
1074	submitted by the nursing facility to the agency. Results of the
1075	background screening shall be provided by the agency to the
1076	requesting nursing facility.
1077	(b) Employees qualified under the provisions of paragraph
1078	(a) who have not maintained continuous residency within the
1079	state for the 5 years immediately preceding the date of request
1080	for background screening must complete level 2 screening, as
1081	provided in chapter 435. Such employees may work in a
1082	conditional status up to 180 days pending the receipt of written
1083	findings evidencing the completion of level 2 screening. Level 2
1084	screening shall not be required of employees or prospective
1085	employees who attest in writing under penalty of perjury that
1086	they meet the residency requirement. Completion of level 2
1087	screening shall require the employee or prospective employee to
1088	furnish to the nursing facility a full set of fingerprints to
1089	enable a criminal background investigation to be conducted. The
1090	nursing facility shall submit the completed fingerprint card to
1091	the agency. The agency shall establish a record of the request
1092	in the database provided for in paragraph (c) and forward the
1093	request to the Department of Law Enforcement, which is
1094	authorized to submit the fingerprints to the Federal Bureau of
1095	Investigation for a national criminal history records check. The
1096	results of the national criminal history records check shall be
1097	returned to the agency, which shall maintain the results in the
1098	database provided for in paragraph (c). The agency shall notify
1099	the administrator of the requesting nursing facility or the
1100	administrator of any other facility licensed under chapter 393,
1101	chapter 394, chapter 395, chapter 397, or this chapter, as
1102	requested by such facility, as to whether or not the employee
1103	has qualified under level 1 or level 2 screening. An employee or
1104	prospective employee who has qualified under level 2 screening
1105	and has maintained such continuous residency within the state
1106	shall not be required to complete a subsequent level 2 screening
1107	as a condition of employment at another facility.
1108	(c) The agency shall establish and maintain a database of
1109	background screening information which shall include the results
1110	of both level 1 and level 2 screening. The Department of Law
1111	Enforcement shall timely provide to the agency, electronically,
1112	the results of each statewide screening for incorporation into
1113	the database. The agency shall, upon request from any facility,
1114	agency, or program required by or authorized by law to screen
1115	its employees or applicants, notify the administrator of the
1116	facility, agency, or program of the qualifying or disqualifying
1117	status of the employee or applicant named in the request.
1118	(3) The applicant is responsible for paying the fees
1119	associated with obtaining the required screening. Payment for
1120	the screening shall be submitted to the agency. The agency shall
1121	establish a schedule of fees to cover the costs of level 1 and
1122	level 2 screening. Facilities may reimburse employees for these
1123	costs. The Department of Law Enforcement shall charge the agency
1124	for a level 1 or level 2 screening a rate sufficient to cover
1125	the costs of such screening pursuant to s. 943.053(3). The
1126	agency shall, as allowable, reimburse nursing facilities for the
1127	cost of conducting background screening as required by this
1128	section. This reimbursement will not be subject to any rate
1129	ceilings or payment targets in the Medicaid Reimbursement plan.
1130	Section 9. For the purpose of incorporating the amendments
1131	to sections 435.03 and 435.04, Florida Statutes, in references
1132	thereto, subsections (1) and (2) of section 400.964, Florida
1133	Statutes, are reenacted, and subsection (7) of said section is
1134	amended and reenacted, to read:
1135	400.964 Personnel screening requirement.--
1136	(1) The agency shall require level 2 background screening
1137	as provided in chapter 435 for all employees or prospective
1138	employees of facilities licensed under this part who are
1139	expected to be, or whose responsibilities are such that they
1140	would be considered to be, a direct service provider.
1141	(2) Employers and employees shall comply with the
1142	requirements of chapter 435.
1143	(7) All employees must comply with the requirements of
1144	this section by October 1, 2000. A person employed by a facility
1145	licensed pursuant to this part as of the effective date of this
1146	act is not required to submit to rescreening if the facility has
1147	in its possession written evidence that the person has been
1148	screened and qualified according to level 1 standards as
1149	specified in s. 435.03(1). Any current employee who meets the
1150	level 1 requirement but does not meet the 5-year residency
1151	requirement must provide to the employing facility written
1152	attestation under penalty of perjury that the employee has not
1153	been convicted of a disqualifying offense in another state or
1154	jurisdiction. All applicants hired on or after October 1, 1999,
1155	must comply with the requirements of this section.
1156	Section 10. For the purpose of incorporating the amendment
1157	to section 435.04, Florida Statutes, in a reference thereto,
1158	paragraph (a) of subsection (1) of section 435.045, Florida
1159	Statutes, is amended and reenacted to read:
1160	435.045 Requirements for placement of dependent
1161	children.--
1162	(1)(a) Unless an election provided for in subsection (2)
1163	is made with respect to the state, the department is authorized
1164	to conduct criminal records checks equivalent to the level 2
1165	screening required in s. 435.04(1)for any person being
1166	considered by the department for placement of a child subject to
1167	a placement decision pursuant to chapter 39. Approval shall not
1168	be granted:
1169	1. In any case in which a record check reveals a felony
1170	conviction for child abuse, abandonment, or neglect; for spousal
1171	abuse; for a crime against children, including child
1172	pornography, or for a crime involving violence, including rape,
1173	sexual assault, or homicide but not including other physical
1174	assault or battery, if the department finds that a court of
1175	competent jurisdiction has determined that the felony was
1176	committed at any time; and
1177	2. In any case in which a record check reveals a felony
1178	conviction for physical assault, battery, or a drug-related
1179	offense, if the department finds that a court of competent
1180	jurisdiction has determined that the felony was committed within
1181	the past 5 years.
1182	Section 11. For the purpose of incorporating the amendment
1183	to sections 435.03 and 435.04, Florida Statutes, in references
1184	thereto, paragraphs (f) and (g) of subsection (1) of section
1185	400.414, Florida Statutes, are reenacted to read:
1186	400.414 Denial, revocation, or suspension of license;
1187	imposition of administrative fine; grounds.--
1188	(1) The agency may deny, revoke, or suspend any license
1189	issued under this part, or impose an administrative fine in the
1190	manner provided in chapter 120, for any of the following actions
1191	by an assisted living facility, for the actions of any person
1192	subject to level 2 background screening under s. 400.4174, or
1193	for the actions of any facility employee:
1194	(f) A determination that a person subject to level 2
1195	background screening under s. 400.4174(1) does not meet the
1196	screening standards of s. 435.04 or that the facility is
1197	retaining an employee subject to level 1 background screening
1198	standards under s. 400.4174(2) who does not meet the screening
1199	standards of s. 435.03 and for whom exemptions from
1200	disqualification have not been provided by the agency.
1201	(g) A determination that an employee, volunteer,
1202	administrator, or owner, or person who otherwise has access to
1203	the residents of a facility does not meet the criteria specified
1204	in s. 435.03(2), and the owner or administrator has not taken
1205	action to remove the person. Exemptions from disqualification
1206	may be granted as set forth in s. 435.07. No administrative
1207	action may be taken against the facility if the person is
1208	granted an exemption.
1209
1210	Administrative proceedings challenging agency action under this
1211	subsection shall be reviewed on the basis of the facts and
1212	conditions that resulted in the agency action.
1213	Section 12. For the purpose of incorporating the amendment
1214	to sections 435.03 and 435.04, Florida Statutes, in references
1215	thereto, section 400.4174, Florida Statutes, is reenacted to
1216	read:
1217	400.4174 Background screening; exemptions.--
1218	(1)(a) Level 2 background screening must be conducted on
1219	each of the following persons, who shall be considered employees
1220	for the purposes of conducting screening under chapter 435:
1221	1. The facility owner if an individual, the administrator,
1222	and the financial officer.
1223	2. An officer or board member if the facility owner is a
1224	firm, corporation, partnership, or association, or any person
1225	owning 5 percent or more of the facility if the agency has
1226	probable cause to believe that such person has been convicted of
1227	any offense prohibited by s. 435.04. For each officer, board
1228	member, or person owning 5 percent or more who has been
1229	convicted of any such offense, the facility shall submit to the
1230	agency a description and explanation of the conviction at the
1231	time of license application. This subparagraph does not apply to
1232	a board member of a not-for-profit corporation or organization
1233	if the board member serves solely in a voluntary capacity, does
1234	not regularly take part in the day-to-day operational decisions
1235	of the corporation or organization, receives no remuneration for
1236	his or her services, and has no financial interest and has no
1237	family members with a financial interest in the corporation or
1238	organization, provided that the board member and facility submit
1239	a statement affirming that the board member's relationship to
1240	the facility satisfies the requirements of this subparagraph.
1241	(b) Proof of compliance with level 2 screening standards
1242	which has been submitted within the previous 5 years to meet any
1243	facility or professional licensure requirements of the agency or
1244	the Department of Health satisfies the requirements of this
1245	subsection, provided that such proof is accompanied, under
1246	penalty of perjury, by an affidavit of compliance with the
1247	provisions of chapter 435. Proof of compliance with the
1248	background screening requirements of the Financial Services
1249	Commission and the Office of Insurance Regulation for applicants
1250	for a certificate of authority to operate a continuing care
1251	retirement community under chapter 651, submitted within the
1252	last 5 years, satisfies the Department of Law Enforcement and
1253	Federal Bureau of Investigation portions of a level 2 background
1254	check.
1255	(c) The agency may grant a provisional license to a
1256	facility applying for an initial license when each individual
1257	required by this subsection to undergo screening has completed
1258	the Department of Law Enforcement background checks, but has not
1259	yet received results from the Federal Bureau of Investigation,
1260	or when a request for an exemption from disqualification has
1261	been submitted to the agency pursuant to s. 435.07, but a
1262	response has not been issued.
1263	(2) The owner or administrator of an assisted living
1264	facility must conduct level 1 background screening, as set forth
1265	in chapter 435, on all employees hired on or after October 1,
1266	1998, who perform personal services as defined in s.
1267	400.402(17). The agency may exempt an individual from employment
1268	disqualification as set forth in chapter 435. Such persons shall
1269	be considered as having met this requirement if:
1270	(a) Proof of compliance with level 1 screening
1271	requirements obtained to meet any professional license
1272	requirements in this state is provided and accompanied, under
1273	penalty of perjury, by a copy of the person's current
1274	professional license and an affidavit of current compliance with
1275	the background screening requirements.
1276	(b) The person required to be screened has been
1277	continuously employed in the same type of occupation for which
1278	the person is seeking employment without a breach in service
1279	which exceeds 180 days, and proof of compliance with the level 1
1280	screening requirement which is no more than 2 years old is
1281	provided. Proof of compliance shall be provided directly from
1282	one employer or contractor to another, and not from the person
1283	screened. Upon request, a copy of screening results shall be
1284	provided by the employer retaining documentation of the
1285	screening to the person screened.
1286	(c) The person required to be screened is employed by a
1287	corporation or business entity or related corporation or
1288	business entity that owns, operates, or manages more than one
1289	facility or agency licensed under this chapter, and for whom a
1290	level 1 screening was conducted by the corporation or business
1291	entity as a condition of initial or continued employment.
1292	Section 13. For the purpose of incorporating the amendment
1293	to sections 435.03 and 435.04, Florida Statutes, in references
1294	thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
1295	subsection (4) of section 400.509, Florida Statutes, are
1296	reenacted to read:
1297	400.509 Registration of particular service providers
1298	exempt from licensure; certificate of registration; regulation
1299	of registrants.--
1300	(4) Each applicant for registration must comply with the
1301	following requirements:
1302	(a) Upon receipt of a completed, signed, and dated
1303	application, the agency shall require background screening, in
1304	accordance with the level 1 standards for screening set forth in
1305	chapter 435, of every individual who will have contact with the
1306	client. The agency shall require background screening of the
1307	managing employee or other similarly titled individual who is
1308	responsible for the operation of the entity, and of the
1309	financial officer or other similarly titled individual who is
1310	responsible for the financial operation of the entity, including
1311	billings for client services in accordance with the level 2
1312	standards for background screening as set forth in chapter 435.
1313	(b) The agency may require background screening of any
1314	other individual who is affiliated with the applicant if the
1315	agency has a reasonable basis for believing that he or she has
1316	been convicted of a crime or has committed any other offense
1317	prohibited under the level 2 standards for screening set forth
1318	in chapter 435.
1319	(c) Proof of compliance with the level 2 background
1320	screening requirements of chapter 435 which has been submitted
1321	within the previous 5 years in compliance with any other health
1322	care or assisted living licensure requirements of this state is
1323	acceptable in fulfillment of paragraph (a).
1324	(d) A provisional registration may be granted to an
1325	applicant when each individual required by this section to
1326	undergo background screening has met the standards for the
1327	abuse-registry background check through the agency and the
1328	Department of Law Enforcement background check, but the agency
1329	has not yet received background screening results from the
1330	Federal Bureau of Investigation. A standard registration may be
1331	granted to the applicant upon the agency's receipt of a report
1332	of the results of the Federal Bureau of Investigation background
1333	screening for each individual required by this section to
1334	undergo background screening which confirms that all standards
1335	have been met, or upon the granting of a disqualification
1336	exemption by the agency as set forth in chapter 435. Any other
1337	person who is required to undergo level 2 background screening
1338	may serve in his or her capacity pending the agency's receipt of
1339	the report from the Federal Bureau of Investigation. However,
1340	the person may not continue to serve if the report indicates any
1341	violation of background screening standards and if a
1342	disqualification exemption has not been requested of and granted
1343	by the agency as set forth in chapter 435.
1344	(f) Each applicant must submit to the agency a description
1345	and explanation of any conviction of an offense prohibited under
1346	the level 2 standards of chapter 435 which was committed by a
1347	member of the board of directors of the applicant, its officers,
1348	or any individual owning 5 percent or more of the applicant.
1349	This requirement does not apply to a director of a not-for-
1350	profit corporation or organization who serves solely in a
1351	voluntary capacity for the corporation or organization, does not
1352	regularly take part in the day-to-day operational decisions of
1353	the corporation or organization, receives no remuneration for
1354	his or her services on the corporation's or organization's board
1355	of directors, and has no financial interest and no family
1356	members having a financial interest in the corporation or
1357	organization, if the director and the not-for-profit corporation
1358	or organization include in the application a statement affirming
1359	that the director's relationship to the corporation satisfies
1360	the requirements of this paragraph.
1361	(g) A registration may not be granted to an applicant if
1362	the applicant or managing employee has been found guilty of,
1363	regardless of adjudication, or has entered a plea of nolo
1364	contendere or guilty to, any offense prohibited under the level
1365	2 standards for screening set forth in chapter 435, unless an
1366	exemption from disqualification has been granted by the agency
1367	as set forth in chapter 435.
1368	Section 14. For the purpose of incorporating the amendment
1369	to sections 435.03 and 435.04, Florida Statutes, in references
1370	thereto, paragraph (c) of subsection (2) of section 400.556,
1371	Florida Statutes, is reenacted to read:
1372	400.556 Denial, suspension, revocation of license;
1373	administrative fines; investigations and inspections.--
1374	(2) Each of the following actions by the owner of an adult
1375	day care center or by its operator or employee is a ground for
1376	action by the agency against the owner of the center or its
1377	operator or employee:
1378	(c) A failure of persons subject to level 2 background
1379	screening under s. 400.4174(1) to meet the screening standards
1380	of s. 435.04, or the retention by the center of an employee
1381	subject to level 1 background screening standards under s.
1382	400.4174(2) who does not meet the screening standards of s.
1383	435.03 and for whom exemptions from disqualification have not
1384	been provided by the agency.
1385	Section 15. For the purpose of incorporating the amendment
1386	to sections 435.03 and 435.04, Florida Statutes, in references
1387	thereto, subsections (1), (2), and (4) of section 400.6065,
1388	Florida Statutes, are reenacted to read:
1389	400.6065 Background screening.--
1390	(1) Upon receipt of a completed application under s.
1391	400.606, the agency shall require level 2 background screening
1392	on each of the following persons, who shall be considered
1393	employees for the purposes of conducting screening under chapter
1394	435:
1395	(a) The hospice administrator and financial officer.
1396	(b) An officer or board member if the hospice is a firm,
1397	corporation, partnership, or association, or any person owning 5
1398	percent or more of the hospice if the agency has probable cause
1399	to believe that such officer, board member, or owner has been
1400	convicted of any offense prohibited by s. 435.04. For each
1401	officer, board member, or person owning 5 percent or more who
1402	has been convicted of any such offense, the hospice shall submit
1403	to the agency a description and explanation of the conviction at
1404	the time of license application. This paragraph does not apply
1405	to a board member of a not-for-profit corporation or
1406	organization if the board member serves solely in a voluntary
1407	capacity, does not regularly take part in the day-to-day
1408	operational decisions of the corporation or organization,
1409	receives no remuneration for his or her services, and has no
1410	financial interest and has no family members with a financial
1411	interest in the corporation or organization, provided that the
1412	board member and the corporation or organization submit a
1413	statement affirming that the board member's relationship to the
1414	corporation or organization satisfies the requirements of this
1415	paragraph.
1416	(2) Proof of compliance with level 2 screening standards
1417	which has been submitted within the previous 5 years to meet any
1418	facility or professional licensure requirements of the agency or
1419	the Department of Health satisfies the requirements of this
1420	section.
1421	(4) The agency shall require employment or contractor
1422	screening as provided in chapter 435, using the level 1
1423	standards for screening set forth in that chapter, for hospice
1424	personnel.
1425	Section 16. For the purpose of incorporating the amendment
1426	to sections 435.03 and 435.04, Florida Statutes, in references
1427	thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
1428	subsection (4) of section 400.980, Florida Statutes, are
1429	reenacted to read:
1430	400.980 Health care services pools.--
1431	(4) Each applicant for registration must comply with the
1432	following requirements:
1433	(a) Upon receipt of a completed, signed, and dated
1434	application, the agency shall require background screening, in
1435	accordance with the level 1 standards for screening set forth in
1436	chapter 435, of every individual who will have contact with
1437	patients. The agency shall require background screening of the
1438	managing employee or other similarly titled individual who is
1439	responsible for the operation of the entity, and of the
1440	financial officer or other similarly titled individual who is
1441	responsible for the financial operation of the entity, including
1442	billings for services in accordance with the level 2 standards
1443	for background screening as set forth in chapter 435.
1444	(b) The agency may require background screening of any
1445	other individual who is affiliated with the applicant if the
1446	agency has a reasonable basis for believing that he or she has
1447	been convicted of a crime or has committed any other offense
1448	prohibited under the level 2 standards for screening set forth
1449	in chapter 435.
1450	(c) Proof of compliance with the level 2 background
1451	screening requirements of chapter 435 which has been submitted
1452	within the previous 5 years in compliance with any other health
1453	care or assisted living licensure requirements of this state is
1454	acceptable in fulfillment of paragraph (a).
1455	(d) A provisional registration may be granted to an
1456	applicant when each individual required by this section to
1457	undergo background screening has met the standards for the
1458	Department of Law Enforcement background check but the agency
1459	has not yet received background screening results from the
1460	Federal Bureau of Investigation. A standard registration may be
1461	granted to the applicant upon the agency's receipt of a report
1462	of the results of the Federal Bureau of Investigation background
1463	screening for each individual required by this section to
1464	undergo background screening which confirms that all standards
1465	have been met, or upon the granting of a disqualification
1466	exemption by the agency as set forth in chapter 435. Any other
1467	person who is required to undergo level 2 background screening
1468	may serve in his or her capacity pending the agency's receipt of
1469	the report from the Federal Bureau of Investigation. However,
1470	the person may not continue to serve if the report indicates any
1471	violation of background screening standards and if a
1472	disqualification exemption has not been requested of and granted
1473	by the agency as set forth in chapter 435.
1474	(f) Each applicant must submit to the agency a description
1475	and explanation of any conviction of an offense prohibited under
1476	the level 2 standards of chapter 435 which was committed by a
1477	member of the board of directors of the applicant, its officers,
1478	or any individual owning 5 percent or more of the applicant.
1479	This requirement does not apply to a director of a not-for-
1480	profit corporation or organization who serves solely in a
1481	voluntary capacity for the corporation or organization, does not
1482	regularly take part in the day-to-day operational decisions of
1483	the corporation or organization, receives no remuneration for
1484	his or her services on the corporation's or organization's board
1485	of directors, and has no financial interest and no family
1486	members having a financial interest in the corporation or
1487	organization, if the director and the not-for-profit corporation
1488	or organization include in the application a statement affirming
1489	that the director's relationship to the corporation satisfies
1490	the requirements of this paragraph.
1491	(g) A registration may not be granted to an applicant if
1492	the applicant or managing employee has been found guilty of,
1493	regardless of adjudication, or has entered a plea of nolo
1494	contendere or guilty to, any offense prohibited under the level
1495	2 standards for screening set forth in chapter 435, unless an
1496	exemption from disqualification has been granted by the agency
1497	as set forth in chapter 435.
1498	Section 17. For the purpose of incorporating the amendment
1499	to sections 435.03 and 435.04, Florida Statutes, in references
1500	thereto, paragraph (k) of subsection (2) of section 409.175,
1501	Florida Statutes, is reenacted to read:
1502	409.175 Licensure of family foster homes, residential
1503	child-caring agencies, and child-placing agencies; public
1504	records exemption.--
1505	(2) As used in this section, the term:
1506	(k) "Screening" means the act of assessing the background
1507	of personnel and includes, but is not limited to, employment
1508	history checks as provided in chapter 435, using the level 2
1509	standards for screening set forth in that chapter. Screening for
1510	employees and volunteers in summer day camps and summer 24-hour
1511	camps and screening for all volunteers included under the
1512	definition of "personnel" shall be conducted as provided in
1513	chapter 435, using the level 1 standards set forth in that
1514	chapter.
1515	Section 18. For the purpose of incorporating the amendment
1516	to sections 435.03 and 435.04, Florida Statutes, in references
1517	thereto, paragraph (d) of subsection (8) of section 409.907,
1518	Florida Statutes, is reenacted to read:
1519	409.907 Medicaid provider agreements.--The agency may make
1520	payments for medical assistance and related services rendered to
1521	Medicaid recipients only to an individual or entity who has a
1522	provider agreement in effect with the agency, who is performing
1523	services or supplying goods in accordance with federal, state,
1524	and local law, and who agrees that no person shall, on the
1525	grounds of handicap, race, color, or national origin, or for any
1526	other reason, be subjected to discrimination under any program
1527	or activity for which the provider receives payment from the
1528	agency.
1529	(8)
1530	(d) Proof of compliance with the requirements of level 2
1531	screening under s. 435.04 conducted within 12 months prior to
1532	the date that the Medicaid provider application is submitted to
1533	the agency shall fulfill the requirements of this subsection.
1534	Proof of compliance with the requirements of level 1 screening
1535	under s. 435.03 conducted within 12 months prior to the date
1536	that the Medicaid provider application is submitted to the
1537	agency shall meet the requirement that the Department of Law
1538	Enforcement conduct a state criminal history record check.
1539	Section 19. For the purpose of incorporating the amendment
1540	to sections 435.03 and 435.04, Florida Statutes, in references
1541	thereto, subsections (1) and (3) of section 435.05, Florida
1542	Statutes, are reenacted to read:
1543	435.05 Requirements for covered employees.--Except as
1544	otherwise provided by law, the following requirements shall
1545	apply to covered employees:
1546	(1)(a) Every person employed in a position for which
1547	employment screening is required must, within 5 working days
1548	after starting to work, submit to the employer a complete set of
1549	information necessary to conduct a screening under this section.
1550	(b) For level 1 screening, the employer must submit the
1551	information necessary for screening to the Florida Department of
1552	Law Enforcement within 5 working days after receiving it. The
1553	Florida Department of Law Enforcement will conduct a search of
1554	its records and will respond to the employer agency. The
1555	employer will inform the employee whether screening has revealed
1556	any disqualifying information.
1557	(c) For level 2 screening, the employer or licensing
1558	agency must submit the information necessary for screening to
1559	the Florida Department of Law Enforcement within 5 working days
1560	after receiving it. The Florida Department of Law Enforcement
1561	will conduct a search of its criminal and juvenile records and
1562	will request that the Federal Bureau of Investigation conduct a
1563	search of its records for each employee for whom the request is
1564	made. The Florida Department of Law Enforcement will respond to
1565	the employer or licensing agency, and the employer or licensing
1566	agency will inform the employee whether screening has revealed
1567	disqualifying information.
1568	(d) The person whose background is being checked must
1569	supply any missing criminal or other necessary information to
1570	the employer within 30 days after the employer makes a request
1571	for the information or be subject to automatic disqualification.
1572	(3) Each employer required to conduct level 2 background
1573	screening must sign an affidavit annually, under penalty of
1574	perjury, stating that all covered employees have been screened
1575	or are newly hired and are awaiting the results of the required
1576	screening checks.
1577	Section 20. For the purpose of incorporating the amendment
1578	to sections 435.03 and 435.04, Florida Statutes, in references
1579	thereto, section 744.3135, Florida Statutes, as amended by
1580	chapter 2003-402, Laws of Florida, is reenacted to read:
1581	744.3135 Credit and criminal investigation.—The court may
1582	require a nonprofessional guardian and shall require a
1583	professional or public guardian, and all employees of a
1584	professional guardian who have a fiduciary responsibility to a
1585	ward, to submit, at their own expense, to an investigation of
1586	the guardian's credit history and to undergo level 2 background
1587	screening as required under s. 435.04. The clerk of the court
1588	shall obtain fingerprint cards from the Federal Bureau of
1589	Investigation and make them available to guardians. Any guardian
1590	who is so required shall have his or her fingerprints taken and
1591	forward the proper fingerprint card along with the necessary fee
1592	to the Florida Department of Law Enforcement for processing. The
1593	professional guardian shall pay to the clerk of the court a fee
1594	of up to $7.50 for handling and processing professional guardian
1595	files. The results of the fingerprint checks shall be forwarded
1596	to the clerk of court who shall maintain the results in a
1597	guardian file and shall make the results available to the court.
1598	If credit or criminal investigations are required, the court
1599	must consider the results of the investigations in appointing a
1600	guardian. Professional guardians and all employees of a
1601	professional guardian who have a fiduciary responsibility to a
1602	ward, so appointed, must resubmit, at their own expense, to an
1603	investigation of credit history, and undergo level 1 background
1604	screening as required under s. 435.03, at least every 2 years
1605	after the date of their appointment. At any time, the court may
1606	require guardians or their employees to submit to an
1607	investigation of credit history and undergo level 1 background
1608	screening as required under s. 435.03. The court must consider
1609	the results of these investigations in reappointing a guardian.
1610	This section shall not apply to a professional guardian, or to
1611	the employees of a professional guardian, that is a trust
1612	company, a state banking corporation or state savings
1613	association authorized and qualified to exercise fiduciary
1614	powers in this state, or a national banking association or
1615	federal savings and loan association authorized and qualified to
1616	exercise fiduciary powers in this state
1617	Section 21. For the purpose of incorporating the amendment
1618	to sections 435.03 and 435.04, Florida Statutes, in references
1619	thereto, subsection (2) of section 985.04, Florida Statutes, is
1620	reenacted to read:
1621	985.04 Oaths; records; confidential information.--
1622	(2) Records maintained by the Department of Juvenile
1623	Justice, including copies of records maintained by the court,
1624	which pertain to a child found to have committed a delinquent
1625	act which, if committed by an adult, would be a crime specified
1626	in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1627	section for a period of 25 years after the youth's final
1628	referral to the department, except in cases of the death of the
1629	child. Such records, however, shall be sealed by the court for
1630	use only in meeting the screening requirements for personnel in
1631	s. 402.3055 and the other sections cited above, or pursuant to
1632	departmental rule; however, current criminal history information
1633	must be obtained from the Department of Law Enforcement in
1634	accordance with s. 943.053. The information shall be released to
1635	those persons specified in the above cited sections for the
1636	purposes of complying with those sections. The court may punish
1637	by contempt any person who releases or uses the records for any
1638	unauthorized purpose.
1639	Section 22. For the purpose of incorporating the amendment
1640	to section 435.03, Florida Statutes, in references thereto,
1641	section 400.512, Florida Statutes, is reenacted to read:
1642	400.512 Screening of home health agency personnel; nurse
1643	registry personnel; and companions and homemakers.--The agency
1644	shall require employment or contractor screening as provided in
1645	chapter 435, using the level 1 standards for screening set forth
1646	in that chapter, for home health agency personnel; persons
1647	referred for employment by nurse registries; and persons
1648	employed by companion or homemaker services registered under s.
1649	400.509.
1650	(1)(a) The Agency for Health Care Administration may, upon
1651	request, grant exemptions from disqualification from employment
1652	or contracting under this section as provided in s. 435.07,
1653	except for health care practitioners licensed by the Department
1654	of Health or a regulatory board within that department.
1655	(b) The appropriate regulatory board within the Department
1656	of Health, or that department itself when there is no board,
1657	may, upon request of the licensed health care practitioner,
1658	grant exemptions from disqualification from employment or
1659	contracting under this section as provided in s. 435.07.
1660	(2) The administrator of each home health agency, the
1661	managing employee of each nurse registry, and the managing
1662	employee of each companion or homemaker service registered under
1663	s. 400.509 must sign an affidavit annually, under penalty of
1664	perjury, stating that all personnel hired, contracted with, or
1665	registered on or after October 1, 1994, who enter the home of a
1666	patient or client in their service capacity have been screened
1667	and that its remaining personnel have worked for the home health
1668	agency or registrant continuously since before October 1, 1994.
1669	(3) As a prerequisite to operating as a home health
1670	agency, nurse registry, or companion or homemaker service under
1671	s. 400.509, the administrator or managing employee,
1672	respectively, must submit to the agency his or her name and any
1673	other information necessary to conduct a complete screening
1674	according to this section. The agency shall submit the
1675	information to the Department of Law Enforcement for state
1676	processing. The agency shall review the record of the
1677	administrator or manager with respect to the offenses specified
1678	in this section and shall notify the owner of its findings. If
1679	disposition information is missing on a criminal record, the
1680	administrator or manager, upon request of the agency, must
1681	obtain and supply within 30 days the missing disposition
1682	information to the agency. Failure to supply missing information
1683	within 30 days or to show reasonable efforts to obtain such
1684	information will result in automatic disqualification.
1685	(4) Proof of compliance with the screening requirements of
1686	chapter 435 shall be accepted in lieu of the requirements of
1687	this section if the person has been continuously employed or
1688	registered without a breach in service that exceeds 180 days,
1689	the proof of compliance is not more than 2 years old, and the
1690	person has been screened by the Department of Law Enforcement. A
1691	home health agency, nurse registry, or companion or homemaker
1692	service registered under s. 400.509 shall directly provide proof
1693	of compliance to another home health agency, nurse registry, or
1694	companion or homemaker service registered under s. 400.509. The
1695	recipient home health agency, nurse registry, or companion or
1696	homemaker service registered under s. 400.509 may not accept any
1697	proof of compliance directly from the person who requires
1698	screening. Proof of compliance with the screening requirements
1699	of this section shall be provided upon request to the person
1700	screened by the home health agencies; nurse registries; or
1701	companion or homemaker services registered under s. 400.509.
1702	(5) There is no monetary liability on the part of, and no
1703	cause of action for damages arises against, a licensed home
1704	health agency, licensed nurse registry, or companion or
1705	homemaker service registered under s. 400.509, that, upon notice
1706	that the employee or contractor has been found guilty of,
1707	regardless of adjudication, or entered a plea of nolo contendere
1708	or guilty to, any offense prohibited under s. 435.03 or under
1709	any similar statute of another jurisdiction, terminates the
1710	employee or contractor, whether or not the employee or
1711	contractor has filed for an exemption with the agency in
1712	accordance with chapter 435 and whether or not the time for
1713	filing has expired.
1714	(6) The costs of processing the statewide correspondence
1715	criminal records checks must be borne by the home health agency;
1716	the nurse registry; or the companion or homemaker service
1717	registered under s. 400.509, or by the person being screened, at
1718	the discretion of the home health agency, nurse registry, or s.
1719	400.509 registrant.
1720	(7)(a) It is a misdemeanor of the first degree, punishable
1721	under s. 775.082 or s. 775.083, for any person willfully,
1722	knowingly, or intentionally to:
1723	1. Fail, by false statement, misrepresentation,
1724	impersonation, or other fraudulent means, to disclose in any
1725	application for voluntary or paid employment a material fact
1726	used in making a determination as to such person's
1727	qualifications to be an employee under this section;
1728	2. Operate or attempt to operate an entity licensed or
1729	registered under this part with persons who do not meet the
1730	minimum standards for good moral character as contained in this
1731	section; or
1732	3. Use information from the criminal records obtained
1733	under this section for any purpose other than screening that
1734	person for employment as specified in this section or release
1735	such information to any other person for any purpose other than
1736	screening for employment under this section.
1737	(b) It is a felony of the third degree, punishable under
1738	s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1739	knowingly, or intentionally to use information from the juvenile
1740	records of a person obtained under this section for any purpose
1741	other than screening for employment under this section.
1742	Section 23. For the purpose of incorporating the amendment
1743	to section 435.03, Florida Statutes, in references thereto,
1744	subsection (4) of section 400.619, Florida Statutes, is
1745	reenacted to read:
1746	400.619 Licensure application and renewal.--
1747	(4) Upon receipt of a completed license application or
1748	license renewal, and the fee, the agency shall initiate a level
1749	1 background screening as provided under chapter 435 on the
1750	adult family-care home provider, the designated relief person,
1751	all adult household members, and all staff members. The agency
1752	shall conduct an onsite visit to the home that is to be
1753	licensed.
1754	(a) Proof of compliance with level 1 screening standards
1755	which has been submitted within the previous 5 years to meet any
1756	facility or professional licensure requirements of the agency or
1757	the Department of Health satisfies the requirements of this
1758	subsection. Such proof must be accompanied, under penalty of
1759	perjury, by a copy of the person's current professional license
1760	and an affidavit of current compliance with the background
1761	screening requirements.
1762	(b) The person required to be screened must have been
1763	continuously employed in the same type of occupation for which
1764	the person is seeking employment without a breach in service
1765	that exceeds 180 days, and proof of compliance with the level 1
1766	screening requirement which is no more than 2 years old must be
1767	provided. Proof of compliance shall be provided directly from
1768	one employer or contractor to another, and not from the person
1769	screened. Upon request, a copy of screening results shall be
1770	provided to the person screened by the employer retaining
1771	documentation of the screening.
1772	Section 24. For the purpose of incorporating the amendment
1773	to section 435.03, Florida Statutes, in references thereto,
1774	subsection (1) of section 400.6194, Florida Statutes, is
1775	reenacted to read:
1776	400.6194 Denial, revocation, or suspension of a
1777	license.--The agency may deny, suspend, or revoke a license for
1778	any of the following reasons:
1779	(1) Failure of any of the persons required to undergo
1780	background screening under s. 400.619 to meet the level 1
1781	screening standards of s. 435.03, unless an exemption from
1782	disqualification has been provided by the agency.
1783	Section 25. For the purpose of incorporating the amendment
1784	to section 435.03, Florida Statutes, in references thereto,
1785	section 400.953, Florida Statutes, is reenacted to read:
1786	400.953 Background screening of home medical equipment
1787	provider personnel.--The agency shall require employment
1788	screening as provided in chapter 435, using the level 1
1789	standards for screening set forth in that chapter, for home
1790	medical equipment provider personnel.
1791	(1) The agency may grant exemptions from disqualification
1792	from employment under this section as provided in s. 435.07.
1793	(2) The general manager of each home medical equipment
1794	provider must sign an affidavit annually, under penalty of
1795	perjury, stating that all home medical equipment provider
1796	personnel hired on or after July 1, 1999, who enter the home of
1797	a patient in the capacity of their employment have been screened
1798	and that its remaining personnel have worked for the home
1799	medical equipment provider continuously since before July 1,
1800	1999.
1801	(3) Proof of compliance with the screening requirements of
1802	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
1803	s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
1804	must be accepted in lieu of the requirements of this section if
1805	the person has been continuously employed in the same type of
1806	occupation for which he or she is seeking employment without a
1807	breach in service that exceeds 180 days, the proof of compliance
1808	is not more than 2 years old, and the person has been screened
1809	by the Department of Law Enforcement. An employer or contractor
1810	shall directly provide proof of compliance to another employer
1811	or contractor, and a potential employer or contractor may not
1812	accept any proof of compliance directly from the person
1813	requiring screening. Proof of compliance with the screening
1814	requirements of this section shall be provided, upon request, to
1815	the person screened by the home medical equipment provider.
1816	(4) There is no monetary liability on the part of, and no
1817	cause of action for damages arising against, a licensed home
1818	medical equipment provider that, upon notice that an employee
1819	has been found guilty of, regardless of adjudication, or entered
1820	a plea of nolo contendere or guilty to, any offense prohibited
1821	under s. 435.03 or under any similar statute of another
1822	jurisdiction, terminates the employee, whether or not the
1823	employee has filed for an exemption with the agency and whether
1824	or not the time for filing has expired.
1825	(5) The costs of processing the statewide correspondence
1826	criminal records checks must be borne by the home medical
1827	equipment provider or by the person being screened, at the
1828	discretion of the home medical equipment provider.
1829	(6) Neither the agency nor the home medical equipment
1830	provider may use the criminal records or juvenile records of a
1831	person for any purpose other than determining whether that
1832	person meets minimum standards of good moral character for home
1833	medical equipment provider personnel.
1834	(7)(a) It is a misdemeanor of the first degree, punishable
1835	as provided in s. 775.082 or s. 775.083, for any person
1836	willfully, knowingly, or intentionally to:
1837	1. Fail, by false statement, misrepresentation,
1838	impersonation, or other fraudulent means, to disclose in any
1839	application for paid employment a material fact used in making a
1840	determination as to the person's qualifications to be an
1841	employee under this section;
1842	2. Operate or attempt to operate an entity licensed under
1843	this part with persons who do not meet the minimum standards for
1844	good moral character as contained in this section; or
1845	3. Use information from the criminal records obtained
1846	under this section for any purpose other than screening that
1847	person for employment as specified in this section, or release
1848	such information to any other person for any purpose other than
1849	screening for employment under this section.
1850	(b) It is a felony of the third degree, punishable as
1851	provided in s. 775.082, s. 775.083, or s. 775.084, for any
1852	person willfully, knowingly, or intentionally to use information
1853	from the juvenile records of a person obtained under this
1854	section for any purpose other than screening for employment
1855	under this section.
1856	Section 26. For the purpose of incorporating the amendment
1857	to section 435.03, Florida Statutes, in references thereto,
1858	subsection (32) of section 409.912, Florida Statutes, is
1859	reenacted to read:
1860	409.912 Cost-effective purchasing of health care.--The
1861	agency shall purchase goods and services for Medicaid recipients
1862	in the most cost-effective manner consistent with the delivery
1863	of quality medical care. The agency shall maximize the use of
1864	prepaid per capita and prepaid aggregate fixed-sum basis
1865	services when appropriate and other alternative service delivery
1866	and reimbursement methodologies, including competitive bidding
1867	pursuant to s. 287.057, designed to facilitate the cost-
1868	effective purchase of a case-managed continuum of care. The
1869	agency shall also require providers to minimize the exposure of
1870	recipients to the need for acute inpatient, custodial, and other
1871	institutional care and the inappropriate or unnecessary use of
1872	high-cost services. The agency may establish prior authorization
1873	requirements for certain populations of Medicaid beneficiaries,
1874	certain drug classes, or particular drugs to prevent fraud,
1875	abuse, overuse, and possible dangerous drug interactions. The
1876	Pharmaceutical and Therapeutics Committee shall make
1877	recommendations to the agency on drugs for which prior
1878	authorization is required. The agency shall inform the
1879	Pharmaceutical and Therapeutics Committee of its decisions
1880	regarding drugs subject to prior authorization.
1881	(32) Each managed care plan that is under contract with
1882	the agency to provide health care services to Medicaid
1883	recipients shall annually conduct a background check with the
1884	Florida Department of Law Enforcement of all persons with
1885	ownership interest of 5 percent or more or executive management
1886	responsibility for the managed care plan and shall submit to the
1887	agency information concerning any such person who has been found
1888	guilty of, regardless of adjudication, or has entered a plea of
1889	nolo contendere or guilty to, any of the offenses listed in s.
1890	435.03.
1891	Section 27. For the purpose of incorporating the amendment
1892	to section 435.03, Florida Statutes, in references thereto,
1893	subsection (4) of section 435.07, Florida Statutes, is reenacted
1894	to read:
1895	435.07 Exemptions from disqualification.--Unless otherwise
1896	provided by law, the provisions of this section shall apply to
1897	exemptions from disqualification.
1898	(4) Disqualification from employment under subsection (1)
1899	may not be removed from, nor may an exemption be granted to, any
1900	personnel who is found guilty of, regardless of adjudication, or
1901	who has entered a plea of nolo contendere or guilty to, any
1902	felony covered by s. 435.03 solely by reason of any pardon,
1903	executive clemency, or restoration of civil rights.
1904	Section 28. For the purpose of incorporating the amendment
1905	to section 435.03, Florida Statutes, in references thereto,
1906	paragraph (e) of subsection (1) of section 464.018, Florida
1907	Statutes, is reenacted to read:
1908	464.018 Disciplinary actions.--
1909	(1) The following acts constitute grounds for denial of a
1910	license or disciplinary action, as specified in s. 456.072(2):
1911	(e) Having been found guilty of, regardless of
1912	adjudication, or entered a plea of nolo contendere or guilty to,
1913	any offense prohibited under s. 435.03 or under any similar
1914	statute of another jurisdiction; or having committed an act
1915	which constitutes domestic violence as defined in s. 741.28.
1916	Section 29. For the purpose of incorporating the amendment
1917	to section 435.03, Florida Statutes, in references thereto,
1918	subsection (3) of section 744.309, Florida Statutes, is
1919	reenacted to read:
1920	744.309 Who may be appointed guardian of a resident
1921	ward.--
1922	(3) DISQUALIFIED PERSONS.--No person who has been
1923	convicted of a felony or who, from any incapacity or illness, is
1924	incapable of discharging the duties of a guardian, or who is
1925	otherwise unsuitable to perform the duties of a guardian, shall
1926	be appointed to act as guardian. Further, no person who has been
1927	judicially determined to have committed abuse, abandonment, or
1928	neglect against a child as defined in s. 39.01 or s. 984.03(1),
1929	(2), and (37), or who has been found guilty of, regardless of
1930	adjudication, or entered a plea of nolo contendere or guilty to,
1931	any offense prohibited under s. 435.03 or under any similar
1932	statute of another jurisdiction, shall be appointed to act as a
1933	guardian. Except as provided in subsection (5) or subsection
1934	(6), a person who provides substantial services to the proposed
1935	ward in a professional or business capacity, or a creditor of
1936	the proposed ward, may not be appointed guardian and retain that
1937	previous professional or business relationship. A person may not
1938	be appointed a guardian if he or she is in the employ of any
1939	person, agency, government, or corporation that provides service
1940	to the proposed ward in a professional or business capacity,
1941	except that a person so employed may be appointed if he or she
1942	is the spouse, adult child, parent, or sibling of the proposed
1943	ward or the court determines that the potential conflict of
1944	interest is insubstantial and that the appointment would clearly
1945	be in the proposed ward's best interest. The court may not
1946	appoint a guardian in any other circumstance in which a conflict
1947	of interest may occur.
1948	Section 30. For the purpose of incorporating the amendment
1949	to section 435.03, Florida Statutes, in references thereto,
1950	subsection (12) of section 744.474, Florida Statutes, is
1951	reenacted to read:
1952	744.474 Reasons for removal of guardian.--A guardian may
1953	be removed for any of the following reasons, and the removal
1954	shall be in addition to any other penalties prescribed by law:
1955	(12) Having been found guilty of, regardless of
1956	adjudication, or entered a plea of nolo contendere or guilty to,
1957	any offense prohibited under s. 435.03 or under any similar
1958	statute of another jurisdiction.
1959	Section 31. For the purpose of incorporating the amendment
1960	to section 435.03, Florida Statutes, in references thereto,
1961	subsection (4) of section 985.407, Florida Statutes, is
1962	reenacted to read:
1963	985.407 Departmental contracting powers; personnel
1964	standards and screening.--
1965	(4) The department shall require employment screening
1966	pursuant to chapter 435, using the level 1 standards for
1967	screening set forth in that chapter, for personnel in
1968	delinquency facilities, services, and programs.
1969	Section 32. For the purpose of incorporating the amendment
1970	to section 435.04, Florida Statutes, in references thereto,
1971	paragraph (b) of subsection (2) of section 39.001, Florida
1972	Statutes, is reenacted to read:
1973	39.001 Purposes and intent; personnel standards and
1974	screening.--
1975	(2) DEPARTMENT CONTRACTS.--The department may contract
1976	with the Federal Government, other state departments and
1977	agencies, county and municipal governments and agencies, public
1978	and private agencies, and private individuals and corporations
1979	in carrying out the purposes of, and the responsibilities
1980	established in, this chapter.
1981	(b) The department shall require employment screening, and
1982	rescreening no less frequently than once every 5 years, pursuant
1983	to chapter 435, using the level 2 standards set forth in that
1984	chapter for personnel in programs for children or youths.
1985	Section 33. For the purpose of incorporating the amendment
1986	to section 435.04, Florida Statutes, in references thereto,
1987	subsection (1) of section 39.821, Florida Statutes, is reenacted
1988	to read:
1989	39.821 Qualifications of guardians ad litem.--
1990	(1) Because of the special trust or responsibility placed
1991	in a guardian ad litem, the Guardian Ad Litem Program may use
1992	any private funds collected by the program, or any state funds
1993	so designated, to conduct a security background investigation
1994	before certifying a volunteer to serve. A security background
1995	investigation must include, but need not be limited to,
1996	employment history checks, checks of references, local criminal
1997	records checks through local law enforcement agencies, and
1998	statewide criminal records checks through the Department of Law
1999	Enforcement. Upon request, an employer shall furnish a copy of
2000	the personnel record for the employee or former employee who is
2001	the subject of a security background investigation conducted
2002	under this section. The information contained in the personnel
2003	record may include, but need not be limited to, disciplinary
2004	matters and the reason why the employee was terminated from
2005	employment. An employer who releases a personnel record for
2006	purposes of a security background investigation is presumed to
2007	have acted in good faith and is not liable for information
2008	contained in the record without a showing that the employer
2009	maliciously falsified the record. A security background
2010	investigation conducted under this section must ensure that a
2011	person is not certified as a guardian ad litem if the person has
2012	been convicted of, regardless of adjudication, or entered a plea
2013	of nolo contendere or guilty to, any offense prohibited under
2014	the provisions of the Florida Statutes specified in s. 435.04(2)
2015	or under any similar law in another jurisdiction. Before
2016	certifying an applicant to serve as a guardian ad litem, the
2017	chief judge of the circuit court may request a federal criminal
2018	records check of the applicant through the Federal Bureau of
2019	Investigation. In analyzing and evaluating the information
2020	obtained in the security background investigation, the program
2021	must give particular emphasis to past activities involving
2022	children, including, but not limited to, child-related criminal
2023	offenses or child abuse. The program has the sole discretion in
2024	determining whether to certify a person based on his or her
2025	security background investigation. The information collected
2026	pursuant to the security background investigation is
2027	confidential and exempt from s. 119.07(1).
2028	Section 34. For the purpose of incorporating the amendment
2029	to section 435.04, Florida Statutes, in references thereto,
2030	paragraphs (a) and (c) of subsection (3) of section 110.1127,
2031	Florida Statutes, are reenacted to read:
2032	110.1127 Employee security checks.--
2033	(3)(a) All positions in programs providing care to
2034	children, the developmentally disabled, or vulnerable adults for
2035	15 hours or more per week; all permanent and temporary employee
2036	positions of the central abuse hotline; and all persons working
2037	under contract who have access to abuse records are deemed to be
2038	persons and positions of special trust or responsibility, and
2039	require employment screening pursuant to chapter 435, using the
2040	level 2 standards set forth in that chapter.
2041	(c) All persons and employees in such positions of trust
2042	or responsibility shall be required to undergo security
2043	background investigations as a condition of employment and
2044	continued employment. For the purposes of this subsection,
2045	security background investigations shall be conducted as
2046	provided in chapter 435, using the level 2 standards for
2047	screening set forth in that chapter.
2048	Section 35. For the purpose of incorporating the amendment
2049	to section 435.04, Florida Statutes, in references thereto,
2050	paragraph (a) of subsection (12) of section 112.0455, Florida
2051	Statutes, is reenacted to read:
2052	112.0455 Drug-Free Workplace Act.--
2053	(12) DRUG-TESTING STANDARDS; LABORATORIES.--
2054	(a) A laboratory may analyze initial or confirmation drug
2055	specimens only if:
2056	1. The laboratory is licensed and approved by the Agency
2057	for Health Care Administration using criteria established by the
2058	United States Department of Health and Human Services as general
2059	guidelines for modeling the state drug testing program. Each
2060	applicant for licensure must comply with the following
2061	requirements:
2062	a. Upon receipt of a completed, signed, and dated
2063	application, the agency shall require background screening, in
2064	accordance with the level 2 standards for screening set forth in
2065	chapter 435, of the managing employee, or other similarly titled
2066	individual responsible for the daily operation of the
2067	laboratory, and of the financial officer, or other similarly
2068	titled individual who is responsible for the financial operation
2069	of the laboratory, including billings for services. The
2070	applicant must comply with the procedures for level 2 background
2071	screening as set forth in chapter 435, as well as the
2072	requirements of s. 435.03(3).
2073	b. The agency may require background screening of any
2074	other individual who is an applicant if the agency has probable
2075	cause to believe that he or she has been convicted of an offense
2076	prohibited under the level 2 standards for screening set forth
2077	in chapter 435.
2078	c. Proof of compliance with the level 2 background
2079	screening requirements of chapter 435 which has been submitted
2080	within the previous 5 years in compliance with any other health
2081	care licensure requirements of this state is acceptable in
2082	fulfillment of screening requirements.
2083	d. A provisional license may be granted to an applicant
2084	when each individual required by this section to undergo
2085	background screening has met the standards for the Department of
2086	Law Enforcement background check, but the agency has not yet
2087	received background screening results from the Federal Bureau of
2088	Investigation, or a request for a disqualification exemption has
2089	been submitted to the agency as set forth in chapter 435, but a
2090	response has not yet been issued. A license may be granted to
2091	the applicant upon the agency's receipt of a report of the
2092	results of the Federal Bureau of Investigation background
2093	screening for each individual required by this section to
2094	undergo background screening which confirms that all standards
2095	have been met, or upon the granting of a disqualification
2096	exemption by the agency as set forth in chapter 435. Any other
2097	person who is required to undergo level 2 background screening
2098	may serve in his or her capacity pending the agency's receipt of
2099	the report from the Federal Bureau of Investigation. However,
2100	the person may not continue to serve if the report indicates any
2101	violation of background screening standards and a
2102	disqualification exemption has not been requested of and granted
2103	by the agency as set forth in chapter 435.
2104	e. Each applicant must submit to the agency, with its
2105	application, a description and explanation of any exclusions,
2106	permanent suspensions, or terminations of the applicant from the
2107	Medicare or Medicaid programs. Proof of compliance with the
2108	requirements for disclosure of ownership and control interests
2109	under the Medicaid or Medicare programs shall be accepted in
2110	lieu of this submission.
2111	f. Each applicant must submit to the agency a description
2112	and explanation of any conviction of an offense prohibited under
2113	the level 2 standards of chapter 435 by a member of the board of
2114	directors of the applicant, its officers, or any individual
2115	owning 5 percent or more of the applicant. This requirement does
2116	not apply to a director of a not-for-profit corporation or
2117	organization if the director serves solely in a voluntary
2118	capacity for the corporation or organization, does not regularly
2119	take part in the day-to-day operational decisions of the
2120	corporation or organization, receives no remuneration for his or
2121	her services on the corporation or organization's board of
2122	directors, and has no financial interest and has no family
2123	members with a financial interest in the corporation or
2124	organization, provided that the director and the not-for-profit
2125	corporation or organization include in the application a
2126	statement affirming that the director's relationship to the
2127	corporation satisfies the requirements of this sub-subparagraph.
2128	g. A license may not be granted to any applicant if the
2129	applicant or managing employee has been found guilty of,
2130	regardless of adjudication, or has entered a plea of nolo
2131	contendere or guilty to, any offense prohibited under the level
2132	2 standards for screening set forth in chapter 435, unless an
2133	exemption from disqualification has been granted by the agency
2134	as set forth in chapter 435.
2135	h. The agency may deny or revoke licensure if the
2136	applicant:
2137	(I) Has falsely represented a material fact in the
2138	application required by sub-subparagraph e. or sub-subparagraph
2139	f., or has omitted any material fact from the application
2140	required by sub-subparagraph e. or sub-subparagraph f.; or
2141	(II) Has had prior action taken against the applicant
2142	under the Medicaid or Medicare program as set forth in sub-
2143	subparagraph e.
2144	i. An application for license renewal must contain the
2145	information required under sub-subparagraphs e. and f.
2146	2. The laboratory has written procedures to ensure chain
2147	of custody.
2148	3. The laboratory follows proper quality control
2149	procedures, including, but not limited to:
2150	a. The use of internal quality controls including the use
2151	of samples of known concentrations which are used to check the
2152	performance and calibration of testing equipment, and periodic
2153	use of blind samples for overall accuracy.
2154	b. An internal review and certification process for drug
2155	test results, conducted by a person qualified to perform that
2156	function in the testing laboratory.
2157	c. Security measures implemented by the testing laboratory
2158	to preclude adulteration of specimens and drug test results.
2159	d. Other necessary and proper actions taken to ensure
2160	reliable and accurate drug test results.
2161	Section 36. For the purpose of incorporating the amendment
2162	to section 435.04, Florida Statutes, in references thereto,
2163	subsections (1), (2), and (4) of section 381.0059, Florida
2164	Statutes, are reenacted to read:
2165	381.0059 Background screening requirements for school
2166	health services personnel.--
2167	(1) Pursuant to the provisions of chapter 435, any person
2168	who provides services under a school health services plan
2169	pursuant to s. 381.0056 must meet level 2 screening requirements
2170	as described in s. 435.04. A person may satisfy the requirements
2171	of this subsection by submitting proof of compliance with the
2172	requirements of level 2 screening conducted within 12 months
2173	before the date that person initially provides services under a
2174	school health services plan.
2175	(2) A person may provide services under a school health
2176	services plan pursuant to s. 381.0056 prior to the completion of
2177	level 2 screening. However, pending the results of the
2178	screening, such person may not be alone with a minor.
2179	(4) Under penalty of perjury, each person who provides
2180	services under a school health plan pursuant to s. 381.0056 must
2181	attest to meeting the level 2 screening requirements for
2182	participation under the plan and agree to inform his or her
2183	employer immediately if convicted of any disqualifying offense
2184	while providing services under a plan.
2185	Section 37. For the purpose of incorporating the amendment
2186	to section 435.04, Florida Statutes, in references thereto,
2187	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2188	section 381.60225, Florida Statutes, are reenacted to read:
2189	381.60225 Background screening.--
2190	(1) Each applicant for certification must comply with the
2191	following requirements:
2192	(a) Upon receipt of a completed, signed, and dated
2193	application, the Agency for Health Care Administration shall
2194	require background screening, in accordance with the level 2
2195	standards for screening set forth in chapter 435, of the
2196	managing employee, or other similarly titled individual
2197	responsible for the daily operation of the organization, agency,
2198	or entity, and financial officer, or other similarly titled
2199	individual who is responsible for the financial operation of the
2200	organization, agency, or entity, including billings for
2201	services. The applicant must comply with the procedures for
2202	level 2 background screening as set forth in chapter 435, as
2203	well as the requirements of s. 435.03(3).
2204	(b) The Agency for Health Care Administration may require
2205	background screening of any other individual who is an applicant
2206	if the Agency for Health Care Administration has probable cause
2207	to believe that he or she has been convicted of a crime or has
2208	committed any other offense prohibited under the level 2
2209	standards for screening set forth in chapter 435.
2210	(c) Proof of compliance with the level 2 background
2211	screening requirements of chapter 435 which has been submitted
2212	within the previous 5 years in compliance with any other health
2213	care licensure requirements of this state is acceptable in
2214	fulfillment of the requirements of paragraph (a).
2215	(d) A provisional certification may be granted to the
2216	organization, agency, or entity when each individual required by
2217	this section to undergo background screening has met the
2218	standards for the Department of Law Enforcement background
2219	check, but the agency has not yet received background screening
2220	results from the Federal Bureau of Investigation, or a request
2221	for a disqualification exemption has been submitted to the
2222	agency as set forth in chapter 435, but a response has not yet
2223	been issued. A standard certification may be granted to the
2224	organization, agency, or entity upon the agency's receipt of a
2225	report of the results of the Federal Bureau of Investigation
2226	background screening for each individual required by this
2227	section to undergo background screening which confirms that all
2228	standards have been met, or upon the granting of a
2229	disqualification exemption by the agency as set forth in chapter
2230	435. Any other person who is required to undergo level 2
2231	background screening may serve in his or her capacity pending
2232	the agency's receipt of the report from the Federal Bureau of
2233	Investigation. However, the person may not continue to serve if
2234	the report indicates any violation of background screening
2235	standards and a disqualification exemption has not been
2236	requested of and granted by the agency as set forth in chapter
2237	435.
2238	(f) Each applicant must submit to the agency a description
2239	and explanation of any conviction of an offense prohibited under
2240	the level 2 standards of chapter 435 by a member of the board of
2241	directors of the applicant, its officers, or any individual
2242	owning 5 percent or more of the applicant. This requirement does
2243	not apply to a director of a not-for-profit corporation or
2244	organization if the director serves solely in a voluntary
2245	capacity for the corporation or organization, does not regularly
2246	take part in the day-to-day operational decisions of the
2247	corporation or organization, receives no remuneration for his or
2248	her services on the corporation or organization's board of
2249	directors, and has no financial interest and has no family
2250	members with a financial interest in the corporation or
2251	organization, provided that the director and the not-for-profit
2252	corporation or organization include in the application a
2253	statement affirming that the director's relationship to the
2254	corporation satisfies the requirements of this paragraph.
2255	(g) The agency may not certify any organization, agency,
2256	or entity if any applicant or managing employee has been found
2257	guilty of, regardless of adjudication, or has entered a plea of
2258	nolo contendere or guilty to, any offense prohibited under the
2259	level 2 standards for screening set forth in chapter 435, unless
2260	an exemption from disqualification has been granted by the
2261	agency as set forth in chapter 435.
2262	Section 38. For the purpose of incorporating the amendment
2263	to section 435.04, Florida Statutes, in references thereto,
2264	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2265	section 383.305, Florida Statutes, are reenacted to read:
2266	383.305 Licensure; issuance, renewal, denial, suspension,
2267	revocation; fees; background screening.--
2268	(7) Each applicant for licensure must comply with the
2269	following requirements:
2270	(a) Upon receipt of a completed, signed, and dated
2271	application, the agency shall require background screening, in
2272	accordance with the level 2 standards for screening set forth in
2273	chapter 435, of the managing employee, or other similarly titled
2274	individual who is responsible for the daily operation of the
2275	center, and of the financial officer, or other similarly titled
2276	individual who is responsible for the financial operation of the
2277	center, including billings for patient care and services. The
2278	applicant must comply with the procedures for level 2 background
2279	screening as set forth in chapter 435 as well as the
2280	requirements of s. 435.03(3).
2281	(b) The agency may require background screening of any
2282	other individual who is an applicant if the agency has probable
2283	cause to believe that he or she has been convicted of a crime or
2284	has committed any other offense prohibited under the level 2
2285	standards for screening set forth in chapter 435.
2286	(c) Proof of compliance with the level 2 background
2287	screening requirements of chapter 435 which has been submitted
2288	within the previous 5 years in compliance with any other health
2289	care licensure requirements of this state is acceptable in
2290	fulfillment of the requirements of paragraph (a).
2291	(d) A provisional license may be granted to an applicant
2292	when each individual required by this section to undergo
2293	background screening has met the standards for the Department of
2294	Law Enforcement background check, but the agency has not yet
2295	received background screening results from the Federal Bureau of
2296	Investigation, or a request for a disqualification exemption has
2297	been submitted to the agency as set forth in chapter 435 but a
2298	response has not yet been issued. A standard license may be
2299	granted to the applicant upon the agency's receipt of a report
2300	of the results of the Federal Bureau of Investigation background
2301	screening for each individual required by this section to
2302	undergo background screening which confirms that all standards
2303	have been met, or upon the granting of a disqualification
2304	exemption by the agency as set forth in chapter 435. Any other
2305	person who is required to undergo level 2 background screening
2306	may serve in his or her capacity pending the agency's receipt of
2307	the report from the Federal Bureau of Investigation. However,
2308	the person may not continue to serve if the report indicates any
2309	violation of background screening standards and a
2310	disqualification exemption has not been requested of and granted
2311	by the agency as set forth in chapter 435.
2312	(f) Each applicant must submit to the agency a description
2313	and explanation of any conviction of an offense prohibited under
2314	the level 2 standards of chapter 435 by a member of the board of
2315	directors of the applicant, its officers, or any individual
2316	owning 5 percent or more of the applicant. This requirement does
2317	not apply to a director of a not-for-profit corporation or
2318	organization if the director serves solely in a voluntary
2319	capacity for the corporation or organization, does not regularly
2320	take part in the day-to-day operational decisions of the
2321	corporation or organization, receives no remuneration for his or
2322	her services on the corporation or organization's board of
2323	directors, and has no financial interest and has no family
2324	members with a financial interest in the corporation or
2325	organization, provided that the director and the not-for-profit
2326	corporation or organization include in the application a
2327	statement affirming that the director's relationship to the
2328	corporation satisfies the requirements of this paragraph.
2329	(g) A license may not be granted to an applicant if the
2330	applicant or managing employee has been found guilty of,
2331	regardless of adjudication, or has entered a plea of nolo
2332	contendere or guilty to, any offense prohibited under the level
2333	2 standards for screening set forth in chapter 435, unless an
2334	exemption from disqualification has been granted by the agency
2335	as set forth in chapter 435.
2336	Section 39. For the purpose of incorporating the amendment
2337	to section 435.04, Florida Statutes, in references thereto,
2338	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2339	section 390.015, Florida Statutes, are reenacted to read:
2340	390.015 Application for license.--
2341	(3) Each applicant for licensure must comply with the
2342	following requirements:
2343	(a) Upon receipt of a completed, signed, and dated
2344	application, the agency shall require background screening, in
2345	accordance with the level 2 standards for screening set forth in
2346	chapter 435, of the managing employee, or other similarly titled
2347	individual who is responsible for the daily operation of the
2348	clinic, and financial officer, or other similarly titled
2349	individual who is responsible for the financial operation of the
2350	clinic, including billings for patient care and services. The
2351	applicant must comply with the procedures for level 2 background
2352	screening as set forth in chapter 435, as well as the
2353	requirements of s. 435.03(3).
2354	(b) The agency may require background screening of any
2355	other individual who is an applicant if the agency has probable
2356	cause to believe that he or she has been convicted of a crime or
2357	has committed any other offense prohibited under the level 2
2358	standards for screening set forth in chapter 435.
2359	(c) Proof of compliance with the level 2 background
2360	screening requirements of chapter 435 which has been submitted
2361	within the previous 5 years in compliance with any other health
2362	care licensure requirements of this state is acceptable in
2363	fulfillment of the requirements of paragraph (a).
2364	(d) A provisional license may be granted to an applicant
2365	when each individual required by this section to undergo
2366	background screening has met the standards for the Department of
2367	Law Enforcement background check, but the agency has not yet
2368	received background screening results from the Federal Bureau of
2369	Investigation, or a request for a disqualification exemption has
2370	been submitted to the agency as set forth in chapter 435 but a
2371	response has not yet been issued. A standard license may be
2372	granted to the applicant upon the agency's receipt of a report
2373	of the results of the Federal Bureau of Investigation background
2374	screening for each individual required by this section to
2375	undergo background screening which confirms that all standards
2376	have been met, or upon the granting of a disqualification
2377	exemption by the agency as set forth in chapter 435. Any other
2378	person who is required to undergo level 2 background screening
2379	may serve in his or her capacity pending the agency's receipt of
2380	the report from the Federal Bureau of Investigation. However,
2381	the person may not continue to serve if the report indicates any
2382	violation of background screening standards and a
2383	disqualification exemption has not been requested of and granted
2384	by the agency as set forth in chapter 435.
2385	(f) Each applicant must submit to the agency a description
2386	and explanation of any conviction of an offense prohibited under
2387	the level 2 standards of chapter 435 by a member of the board of
2388	directors of the applicant, its officers, or any individual
2389	owning 5 percent or more of the applicant. This requirement does
2390	not apply to a director of a not-for-profit corporation or
2391	organization if the director serves solely in a voluntary
2392	capacity for the corporation or organization, does not regularly
2393	take part in the day-to-day operational decisions of the
2394	corporation or organization, receives no remuneration for his or
2395	her services on the corporation or organization's board of
2396	directors, and has no financial interest and has no family
2397	members with a financial interest in the corporation or
2398	organization, provided that the director and the not-for-profit
2399	corporation or organization include in the application a
2400	statement affirming that the director's relationship to the
2401	corporation satisfies the requirements of this paragraph.
2402	(g) A license may not be granted to an applicant if the
2403	applicant or managing employee has been found guilty of,
2404	regardless of adjudication, or has entered a plea of nolo
2405	contendere or guilty to, any offense prohibited under the level
2406	2 standards for screening set forth in chapter 435, unless an
2407	exemption from disqualification has been granted by the agency
2408	as set forth in chapter 435.
2409	Section 40. For the purpose of incorporating the amendment
2410	to section 435.04, Florida Statutes, in references thereto,
2411	subsection (1) of section 393.0655, Florida Statutes, is
2412	reenacted to read:
2413	393.0655 Screening of direct service providers.--
2414	(1) MINIMUM STANDARDS.--The department shall require
2415	employment screening pursuant to chapter 435, using the level 2
2416	standards for screening set forth in that chapter, for direct
2417	service providers who are unrelated to their clients.
2418	Section 41. For the purpose of incorporating the amendment
2419	to section 435.04, Florida Statutes, in references thereto,
2420	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (6) of
2421	section 393.067, Florida Statutes, are reenacted to read:
2422	393.067 Licensure of residential facilities and
2423	comprehensive transitional education programs.--
2424	(6) Each applicant for licensure as an intermediate care
2425	facility for the developmentally disabled must comply with the
2426	following requirements:
2427	(a) Upon receipt of a completed, signed, and dated
2428	application, the agency shall require background screening, in
2429	accordance with the level 2 standards for screening set forth in
2430	chapter 435, of the managing employee, or other similarly titled
2431	individual who is responsible for the daily operation of the
2432	facility, and of the financial officer, or other similarly
2433	titled individual who is responsible for the financial operation
2434	of the center, including billings for resident care and
2435	services. The applicant must comply with the procedures for
2436	level 2 background screening as set forth in chapter 435, as
2437	well as the requirements of s. 435.03(3).
2438	(b) The agency may require background screening of any
2439	other individual who is an applicant if the agency has probable
2440	cause to believe that he or she has been convicted of a crime or
2441	has committed any other offense prohibited under the level 2
2442	standards for screening set forth in chapter 435.
2443	(c) Proof of compliance with the level 2 background
2444	screening requirements of chapter 435 which has been submitted
2445	within the previous 5 years in compliance with any other health
2446	care licensure requirements of this state is acceptable in
2447	fulfillment of the requirements of paragraph (a).
2448	(d) A provisional license may be granted to an applicant
2449	when each individual required by this section to undergo
2450	background screening has met the standards for the Department of
2451	Law Enforcement background check, but the agency has not yet
2452	received background screening results from the Federal Bureau of
2453	Investigation, or a request for a disqualification exemption has
2454	been submitted to the agency as set forth in chapter 435, but a
2455	response has not yet been issued. A standard license may be
2456	granted to the applicant upon the agency's receipt of a report
2457	of the results of the Federal Bureau of Investigation background
2458	screening for each individual required by this section to
2459	undergo background screening which confirms that all standards
2460	have been met, or upon the granting of a disqualification
2461	exemption by the agency as set forth in chapter 435. Any other
2462	person who is required to undergo level 2 background screening
2463	may serve in his or her capacity pending the agency's receipt of
2464	the report from the Federal Bureau of Investigation. However,
2465	the person may not continue to serve if the report indicates any
2466	violation of background screening standards and a
2467	disqualification exemption has not been requested of and granted
2468	by the agency as set forth in chapter 435.
2469	(f) Each applicant must submit to the agency a description
2470	and explanation of any conviction of an offense prohibited under
2471	the level 2 standards of chapter 435 by a member of the board of
2472	directors of the applicant, its officers, or any individual
2473	owning 5 percent or more of the applicant. This requirement does
2474	not apply to a director of a not-for-profit corporation or
2475	organization if the director serves solely in a voluntary
2476	capacity for the corporation or organization, does not regularly
2477	take part in the day-to-day operational decisions of the
2478	corporation or organization, receives no remuneration for his or
2479	her services on the corporation or organization's board of
2480	directors, and has no financial interest and has no family
2481	members with a financial interest in the corporation or
2482	organization, provided that the director and the not-for-profit
2483	corporation or organization include in the application a
2484	statement affirming that the director's relationship to the
2485	corporation satisfies the requirements of this paragraph.
2486	(g) A license may not be granted to an applicant if the
2487	applicant or managing employee has been found guilty of,
2488	regardless of adjudication, or has entered a plea of nolo
2489	contendere or guilty to, any offense prohibited under the level
2490	2 standards for screening set forth in chapter 435, unless an
2491	exemption from disqualification has been granted by the agency
2492	as set forth in chapter 435.
2493	Section 42. For the purpose of incorporating the amendment
2494	to section 435.04, Florida Statutes, in references thereto,
2495	paragraph (a) of subsection (1) of section 394.4572, Florida
2496	Statutes, is reenacted to read:
2497	394.4572 Screening of mental health personnel.--
2498	(1)(a) The department and the Agency for Health Care
2499	Administration shall require employment screening for mental
2500	health personnel using the standards for level 2 screening set
2501	forth in chapter 435. "Mental health personnel" includes all
2502	program directors, professional clinicians, staff members, and
2503	volunteers working in public or private mental health programs
2504	and facilities who have direct contact with unmarried patients
2505	under the age of 18 years.
2506	Section 43. For the purpose of incorporating the amendment
2507	to section 435.04, Florida Statutes, in references thereto,
2508	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2509	of section 394.875, Florida Statutes, are reenacted to read:
2510	394.875 Crisis stabilization units, residential treatment
2511	facilities, and residential treatment centers for children and
2512	adolescents; authorized services; license required; penalties.--
2513	(13) Each applicant for licensure must comply with the
2514	following requirements:
2515	(a) Upon receipt of a completed, signed, and dated
2516	application, the agency shall require background screening, in
2517	accordance with the level 2 standards for screening set forth in
2518	chapter 435, of the managing employee and financial officer, or
2519	other similarly titled individual who is responsible for the
2520	financial operation of the facility, including billings for
2521	client care and services. The applicant must comply with the
2522	procedures for level 2 background screening as set forth in
2523	chapter 435, as well as the requirements of s. 435.03(3).
2524	(b) The agency may require background screening of any
2525	other individual who is an applicant if the agency has probable
2526	cause to believe that he or she has been convicted of a crime or
2527	has committed any other offense prohibited under the level 2
2528	standards for screening set forth in chapter 435.
2529	(c) Proof of compliance with the level 2 background
2530	screening requirements of chapter 435 which has been submitted
2531	within the previous 5 years in compliance with any other health
2532	care licensure requirements of this state is acceptable in
2533	fulfillment of the requirements of paragraph (a).
2534	(d) A provisional license may be granted to an applicant
2535	when each individual required by this section to undergo
2536	background screening has met the standards for the Department of
2537	Law Enforcement background check, but the agency has not yet
2538	received background screening results from the Federal Bureau of
2539	Investigation, or a request for a disqualification exemption has
2540	been submitted to the agency as set forth in chapter 435, but a
2541	response has not yet been issued. A standard license may be
2542	granted to the applicant upon the agency's receipt of a report
2543	of the results of the Federal Bureau of Investigation background
2544	screening for each individual required by this section to
2545	undergo background screening which confirms that all standards
2546	have been met, or upon the granting of a disqualification
2547	exemption by the agency as set forth in chapter 435. Any other
2548	person who is required to undergo level 2 background screening
2549	may serve in his or her capacity pending the agency's receipt of
2550	the report from the Federal Bureau of Investigation. However,
2551	the person may not continue to serve if the report indicates any
2552	violation of background screening standards and a
2553	disqualification exemption has not been requested of and granted
2554	by the agency as set forth in chapter 435.
2555	(f) Each applicant must submit to the agency a description
2556	and explanation of any conviction of an offense prohibited under
2557	the level 2 standards of chapter 435 by a member of the board of
2558	directors of the applicant, its officers, or any individual
2559	owning 5 percent or more of the applicant. This requirement does
2560	not apply to a director of a not-for-profit corporation or
2561	organization if the director serves solely in a voluntary
2562	capacity for the corporation or organization, does not regularly
2563	take part in the day-to-day operational decisions of the
2564	corporation or organization, receives no remuneration for his or
2565	her services on the corporation or organization's board of
2566	directors, and has no financial interest and has no family
2567	members with a financial interest in the corporation or
2568	organization, provided that the director and the not-for-profit
2569	corporation or organization include in the application a
2570	statement affirming that the director's relationship to the
2571	corporation satisfies the requirements of this paragraph.
2572	(g) A license may not be granted to an applicant if the
2573	applicant or managing employee has been found guilty of,
2574	regardless of adjudication, or has entered a plea of nolo
2575	contendere or guilty to, any offense prohibited under the level
2576	2 standards for screening set forth in chapter 435, unless an
2577	exemption from disqualification has been granted by the agency
2578	as set forth in chapter 435.
2579	Section 44. For the purpose of incorporating the amendment
2580	to section 435.04, Florida Statutes, in references thereto,
2581	subsections (1), (2), (3), (4), (6), and (8) of section
2582	395.0055, Florida Statutes, are reenacted to read:
2583	395.0055 Background screening.--Each applicant for
2584	licensure must comply with the following requirements:
2585	(1) Upon receipt of a completed, signed, and dated
2586	application, the agency shall require background screening of
2587	the managing employee in accordance with the level 2 standards
2588	for screening set forth in chapter 435, as well as the
2589	requirements of s. 435.03(3).
2590	(2) The agency may require background screening for a
2591	member of the board of directors of the licensee, or an officer
2592	or an individual owning 5 percent or more of the licensee, if
2593	the agency has probable cause to believe that such individual
2594	has been convicted of an offense prohibited under the level 2
2595	standards for screening set forth in chapter 435.
2596	(3) Proof of compliance with the level 2 background
2597	screening requirements of chapter 435 which has been submitted
2598	within the previous 5 years in compliance with any other health
2599	care licensure requirements of this state is acceptable in
2600	fulfillment of subsection (1).
2601	(4) A provisional license may be granted to an applicant
2602	when each individual required by this section to undergo
2603	background screening has met the standards for the Department of
2604	Law Enforcement background check, but the agency has not yet
2605	received background screening results from the Federal Bureau of
2606	Investigation, or a request for a disqualification exemption has
2607	been submitted to the agency as set forth in chapter 435 but a
2608	response has not yet been issued. A standard license may be
2609	granted to the applicant upon the agency's receipt of a report
2610	of the results of the Federal Bureau of Investigation background
2611	screening for each individual required by this section to
2612	undergo background screening which confirms that all standards
2613	have been met, or upon the granting of a disqualification
2614	exemption by the agency as set forth in chapter 435. Any other
2615	person who is required to undergo level 2 background screening
2616	may serve in his or her capacity pending the agency's receipt of
2617	the report from the Federal Bureau of Investigation; however,
2618	the person may not continue to serve if the report indicates any
2619	violation of background screening standards and a
2620	disqualification exemption has not been requested of and granted
2621	by the agency as set forth in chapter 435.
2622	(6) Each applicant must submit to the agency a description
2623	and explanation of any conviction of an offense prohibited under
2624	the level 2 standards of chapter 435 by a member of the board of
2625	directors of the applicant, its officers, or any individual
2626	owning 5 percent or more of the applicant.
2627	(8) A license may not be granted to an applicant if the
2628	applicant or managing employee has been found guilty of,
2629	regardless of adjudication, or has entered a plea of nolo
2630	contendere or guilty to, any offense prohibited under the level
2631	2 standards for screening set forth in chapter 435, unless an
2632	exemption from disqualification has been granted by the agency
2633	as set forth in chapter 435.
2634	Section 45. For the purpose of incorporating the amendment
2635	to section 435.04, Florida Statutes, in references thereto,
2636	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2637	section 395.0199, Florida Statutes, are reenacted to read:
2638	395.0199 Private utilization review.--
2639	(4) Each applicant for registration must comply with the
2640	following requirements:
2641	(a) Upon receipt of a completed, signed, and dated
2642	application, the agency shall require background screening, in
2643	accordance with the level 2 standards for screening set forth in
2644	chapter 435, of the managing employee or other similarly titled
2645	individual who is responsible for the operation of the entity.
2646	The applicant must comply with the procedures for level 2
2647	background screening as set forth in chapter 435, as well as the
2648	requirements of s. 435.03(3).
2649	(b) The agency may require background screening of any
2650	other individual who is an applicant, if the agency has probable
2651	cause to believe that he or she has been convicted of a crime or
2652	has committed any other offense prohibited under the level 2
2653	standards for screening set forth in chapter 435.
2654	(c) Proof of compliance with the level 2 background
2655	screening requirements of chapter 435 which has been submitted
2656	within the previous 5 years in compliance with any other health
2657	care licensure requirements of this state is acceptable in
2658	fulfillment of the requirements of paragraph (a).
2659	(d) A provisional registration may be granted to an
2660	applicant when each individual required by this section to
2661	undergo background screening has met the standards for the
2662	Department of Law Enforcement background check, but the agency
2663	has not yet received background screening results from the
2664	Federal Bureau of Investigation, or a request for a
2665	disqualification exemption has been submitted to the agency as
2666	set forth in chapter 435 but a response has not yet been issued.
2667	A standard registration may be granted to the applicant upon the
2668	agency's receipt of a report of the results of the Federal
2669	Bureau of Investigation background screening for each individual
2670	required by this section to undergo background screening which
2671	confirms that all standards have been met, or upon the granting
2672	of a disqualification exemption by the agency as set forth in
2673	chapter 435. Any other person who is required to undergo level 2
2674	background screening may serve in his or her capacity pending
2675	the agency's receipt of the report from the Federal Bureau of
2676	Investigation. However, the person may not continue to serve if
2677	the report indicates any violation of background screening
2678	standards and a disqualification exemption has not been
2679	requested of and granted by the agency as set forth in chapter
2680	435.
2681	(f) Each applicant must submit to the agency a description
2682	and explanation of any conviction of an offense prohibited under
2683	the level 2 standards of chapter 435 by a member of the board of
2684	directors of the applicant, its officers, or any individual
2685	owning 5 percent or more of the applicant. This requirement does
2686	not apply to a director of a not-for-profit corporation or
2687	organization if the director serves solely in a voluntary
2688	capacity for the corporation or organization, does not regularly
2689	take part in the day-to-day operational decisions of the
2690	corporation or organization, receives no remuneration for his or
2691	her services on the corporation or organization's board of
2692	directors, and has no financial interest and has no family
2693	members with a financial interest in the corporation or
2694	organization, provided that the director and the not-for-profit
2695	corporation or organization include in the application a
2696	statement affirming that the director's relationship to the
2697	corporation satisfies the requirements of this paragraph.
2698	(g) A registration may not be granted to an applicant if
2699	the applicant or managing employee has been found guilty of,
2700	regardless of adjudication, or has entered a plea of nolo
2701	contendere or guilty to, any offense prohibited under the level
2702	2 standards for screening set forth in chapter 435, unless an
2703	exemption from disqualification has been granted by the agency
2704	as set forth in chapter 435.
2705	Section 46. For the purpose of incorporating the amendment
2706	to section 435.04, Florida Statutes, in references thereto,
2707	paragraph (a) of subsection (1) of section 397.451, Florida
2708	Statutes, is reenacted to read:
2709	397.451 Background checks of service provider personnel.--
2710	(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2711	EXCEPTIONS.--
2712	(a) Background checks shall apply as follows:
2713	1. All owners, directors, and chief financial officers of
2714	service providers are subject to level 2 background screening as
2715	provided under chapter 435.
2716	2. All service provider personnel who have direct contact
2717	with children receiving services or with adults who are
2718	developmentally disabled receiving services are subject to level
2719	2 background screening as provided under chapter 435.
2720	Section 47. For the purpose of incorporating the amendment
2721	to section 435.04, Florida Statutes, in references thereto,
2722	paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2723	section 400.071, Florida Statutes, are reenacted to read:
2724	400.071 Application for license.--
2725	(4) Each applicant for licensure must comply with the
2726	following requirements:
2727	(a) Upon receipt of a completed, signed, and dated
2728	application, the agency shall require background screening of
2729	the applicant, in accordance with the level 2 standards for
2730	screening set forth in chapter 435. As used in this subsection,
2731	the term "applicant" means the facility administrator, or
2732	similarly titled individual who is responsible for the day-to-
2733	day operation of the licensed facility, and the facility
2734	financial officer, or similarly titled individual who is
2735	responsible for the financial operation of the licensed
2736	facility.
2737	(b) The agency may require background screening for a
2738	member of the board of directors of the licensee or an officer
2739	or an individual owning 5 percent or more of the licensee if the
2740	agency has probable cause to believe that such individual has
2741	been convicted of an offense prohibited under the level 2
2742	standards for screening set forth in chapter 435.
2743	(c) Proof of compliance with the level 2 background
2744	screening requirements of chapter 435 which has been submitted
2745	within the previous 5 years in compliance with any other health
2746	care or assisted living licensure requirements of this state is
2747	acceptable in fulfillment of paragraph (a). Proof of compliance
2748	with background screening which has been submitted within the
2749	previous 5 years to fulfill the requirements of the Financial
2750	Services Commission and the Office of Insurance Regulation
2751	pursuant to chapter 651 as part of an application for a
2752	certificate of authority to operate a continuing care retirement
2753	community is acceptable in fulfillment of the Department of Law
2754	Enforcement and Federal Bureau of Investigation background
2755	check.
2756	(d) A provisional license may be granted to an applicant
2757	when each individual required by this section to undergo
2758	background screening has met the standards for the Department of
2759	Law Enforcement background check, but the agency has not yet
2760	received background screening results from the Federal Bureau of
2761	Investigation, or a request for a disqualification exemption has
2762	been submitted to the agency as set forth in chapter 435, but a
2763	response has not yet been issued. A license may be granted to
2764	the applicant upon the agency's receipt of a report of the
2765	results of the Federal Bureau of Investigation background
2766	screening for each individual required by this section to
2767	undergo background screening which confirms that all standards
2768	have been met, or upon the granting of a disqualification
2769	exemption by the agency as set forth in chapter 435. Any other
2770	person who is required to undergo level 2 background screening
2771	may serve in his or her capacity pending the agency's receipt of
2772	the report from the Federal Bureau of Investigation; however,
2773	the person may not continue to serve if the report indicates any
2774	violation of background screening standards and a
2775	disqualification exemption has not been requested of and granted
2776	by the agency as set forth in chapter 435.
2777	(f) Each applicant must submit to the agency a description
2778	and explanation of any conviction of an offense prohibited under
2779	the level 2 standards of chapter 435 by a member of the board of
2780	directors of the applicant, its officers, or any individual
2781	owning 5 percent or more of the applicant. This requirement
2782	shall not apply to a director of a not-for-profit corporation or
2783	organization if the director serves solely in a voluntary
2784	capacity for the corporation or organization, does not regularly
2785	take part in the day-to-day operational decisions of the
2786	corporation or organization, receives no remuneration for his or
2787	her services on the corporation or organization's board of
2788	directors, and has no financial interest and has no family
2789	members with a financial interest in the corporation or
2790	organization, provided that the director and the not-for-profit
2791	corporation or organization include in the application a
2792	statement affirming that the director's relationship to the
2793	corporation satisfies the requirements of this paragraph.
2794	Section 48. For the purpose of incorporating the amendment
2795	to section 435.04, Florida Statutes, in references thereto,
2796	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2797	section 400.471, Florida Statutes, are reenacted to read:
2798	400.471 Application for license; fee; provisional license;
2799	temporary permit.--
2800	(4) Each applicant for licensure must comply with the
2801	following requirements:
2802	(a) Upon receipt of a completed, signed, and dated
2803	application, the agency shall require background screening of
2804	the applicant, in accordance with the level 2 standards for
2805	screening set forth in chapter 435. As used in this subsection,
2806	the term "applicant" means the administrator, or a similarly
2807	titled person who is responsible for the day-to-day operation of
2808	the licensed home health agency, and the financial officer, or
2809	similarly titled individual who is responsible for the financial
2810	operation of the licensed home health agency.
2811	(b) The agency may require background screening for a
2812	member of the board of directors of the licensee or an officer
2813	or an individual owning 5 percent or more of the licensee if the
2814	agency reasonably suspects that such individual has been
2815	convicted of an offense prohibited under the level 2 standards
2816	for screening set forth in chapter 435.
2817	(c) Proof of compliance with the level 2 background
2818	screening requirements of chapter 435 which has been submitted
2819	within the previous 5 years in compliance with any other health
2820	care or assisted living licensure requirements of this state is
2821	acceptable in fulfillment of paragraph (a). Proof of compliance
2822	with background screening which has been submitted within the
2823	previous 5 years to fulfill the requirements of the Financial
2824	Services Commission and the Office of Insurance Regulation
2825	pursuant to chapter 651 as part of an application for a
2826	certificate of authority to operate a continuing care retirement
2827	community is acceptable in fulfillment of the Department of Law
2828	Enforcement and Federal Bureau of Investigation background
2829	check.
2830	(d) A provisional license may be granted to an applicant
2831	when each individual required by this section to undergo
2832	background screening has met the standards for the Department of
2833	Law Enforcement background check, but the agency has not yet
2834	received background screening results from the Federal Bureau of
2835	Investigation. A standard license may be granted to the licensee
2836	upon the agency's receipt of a report of the results of the
2837	Federal Bureau of Investigation background screening for each
2838	individual required by this section to undergo background
2839	screening which confirms that all standards have been met, or
2840	upon the granting of a disqualification exemption by the agency
2841	as set forth in chapter 435. Any other person who is required to
2842	undergo level 2 background screening may serve in his or her
2843	capacity pending the agency's receipt of the report from the
2844	Federal Bureau of Investigation. However, the person may not
2845	continue to serve if the report indicates any violation of
2846	background screening standards and a disqualification exemption
2847	has not been requested of and granted by the agency as set forth
2848	in chapter 435.
2849	(f) Each applicant must submit to the agency a description
2850	and explanation of any conviction of an offense prohibited under
2851	the level 2 standards of chapter 435 by a member of the board of
2852	directors of the applicant, its officers, or any individual
2853	owning 5 percent or more of the applicant. This requirement does
2854	not apply to a director of a not-for-profit corporation or
2855	organization if the director serves solely in a voluntary
2856	capacity for the corporation or organization, does not regularly
2857	take part in the day-to-day operational decisions of the
2858	corporation or organization, receives no remuneration for his or
2859	her services on the corporation or organization's board of
2860	directors, and has no financial interest and has no family
2861	members with a financial interest in the corporation or
2862	organization, provided that the director and the not-for-profit
2863	corporation or organization include in the application a
2864	statement affirming that the director's relationship to the
2865	corporation satisfies the requirements of this paragraph.
2866	(g) A license may not be granted to an applicant if the
2867	applicant, administrator, or financial officer has been found
2868	guilty of, regardless of adjudication, or has entered a plea of
2869	nolo contendere or guilty to, any offense prohibited under the
2870	level 2 standards for screening set forth in chapter 435, unless
2871	an exemption from disqualification has been granted by the
2872	agency as set forth in chapter 435.
2873	Section 49. For the purpose of incorporating the amendment
2874	to section 435.04, Florida Statutes, in references thereto,
2875	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
2876	section 400.506, Florida Statutes, are reenacted to read:
2877	400.506 Licensure of nurse registries; requirements;
2878	penalties.--
2879	(2) Each applicant for licensure must comply with the
2880	following requirements:
2881	(a) Upon receipt of a completed, signed, and dated
2882	application, the agency shall require background screening, in
2883	accordance with the level 2 standards for screening set forth in
2884	chapter 435, of the managing employee, or other similarly titled
2885	individual who is responsible for the daily operation of the
2886	nurse registry, and of the financial officer, or other similarly
2887	titled individual who is responsible for the financial operation
2888	of the registry, including billings for patient care and
2889	services. The applicant shall comply with the procedures for
2890	level 2 background screening as set forth in chapter 435.
2891	(b) The agency may require background screening of any
2892	other individual who is an applicant if the agency has probable
2893	cause to believe that he or she has been convicted of a crime or
2894	has committed any other offense prohibited under the level 2
2895	standards for screening set forth in chapter 435.
2896	(c) Proof of compliance with the level 2 background
2897	screening requirements of chapter 435 which has been submitted
2898	within the previous 5 years in compliance with any other health
2899	care or assisted living licensure requirements of this state is
2900	acceptable in fulfillment of the requirements of paragraph (a).
2901	(d) A provisional license may be granted to an applicant
2902	when each individual required by this section to undergo
2903	background screening has met the standards for the Department of
2904	Law Enforcement background check but the agency has not yet
2905	received background screening results from the Federal Bureau of
2906	Investigation. A standard license may be granted to the
2907	applicant upon the agency's receipt of a report of the results
2908	of the Federal Bureau of Investigation background screening for
2909	each individual required by this section to undergo background
2910	screening which confirms that all standards have been met, or
2911	upon the granting of a disqualification exemption by the agency
2912	as set forth in chapter 435. Any other person who is required to
2913	undergo level 2 background screening may serve in his or her
2914	capacity pending the agency's receipt of the report from the
2915	Federal Bureau of Investigation. However, the person may not
2916	continue to serve if the report indicates any violation of
2917	background screening standards and a disqualification exemption
2918	has not been requested of and granted by the agency as set forth
2919	in chapter 435.
2920	(f) Each applicant must submit to the agency a description
2921	and explanation of any conviction of an offense prohibited under
2922	the level 2 standards of chapter 435 by a member of the board of
2923	directors of the applicant, its officers, or any individual
2924	owning 5 percent or more of the applicant. This requirement does
2925	not apply to a director of a not-for-profit corporation or
2926	organization if the director serves solely in a voluntary
2927	capacity for the corporation or organization, does not regularly
2928	take part in the day-to-day operational decisions of the
2929	corporation or organization, receives no remuneration for his or
2930	her services on the corporation or organization's board of
2931	directors, and has no financial interest and has no family
2932	members with a financial interest in the corporation or
2933	organization, provided that the director and the not-for-profit
2934	corporation or organization include in the application a
2935	statement affirming that the director's relationship to the
2936	corporation satisfies the requirements of this paragraph.
2937	(g) A license may not be granted to an applicant if the
2938	applicant or managing employee has been found guilty of,
2939	regardless of adjudication, or has entered a plea of nolo
2940	contendere or guilty to, any offense prohibited under the level
2941	2 standards for screening set forth in chapter 435, unless an
2942	exemption from disqualification has been granted by the agency
2943	as set forth in chapter 435.
2944	Section 50. For the purpose of incorporating the amendment
2945	to section 435.04, Florida Statutes, in references thereto,
2946	section 400.5572, Florida Statutes, is reenacted to read:
2947	400.5572 Background screening.--
2948	(1)(a) Level 2 background screening must be conducted on
2949	each of the following persons, who shall be considered employees
2950	for the purposes of conducting screening under chapter 435:
2951	1. The adult day care center owner if an individual, the
2952	operator, and the financial officer.
2953	2. An officer or board member if the owner of the adult
2954	day care center is a firm, corporation, partnership, or
2955	association, or any person owning 5 percent or more of the
2956	facility, if the agency has probable cause to believe that such
2957	person has been convicted of any offense prohibited by s.
2958	435.04. For each officer, board member, or person owning 5
2959	percent or more who has been convicted of any such offense, the
2960	facility shall submit to the agency a description and
2961	explanation of the conviction at the time of license
2962	application. This subparagraph does not apply to a board member
2963	of a not-for-profit corporation or organization if the board
2964	member serves solely in a voluntary capacity, does not regularly
2965	take part in the day-to-day operational decisions of the
2966	corporation or organization, receives no remuneration for his or
2967	her services, and has no financial interest and has no family
2968	members with a financial interest in the corporation or
2969	organization, provided that the board member and facility submit
2970	a statement affirming that the board member's relationship to
2971	the facility satisfies the requirements of this subparagraph.
2972	(b) Proof of compliance with level 2 screening standards
2973	which has been submitted within the previous 5 years to meet any
2974	facility or professional licensure requirements of the agency or
2975	the Department of Health satisfies the requirements of this
2976	subsection.
2977	(c) The agency may grant a provisional license to an adult
2978	day care center applying for an initial license when each
2979	individual required by this subsection to undergo screening has
2980	completed the Department of Law Enforcement background check,
2981	but has not yet received results from the Federal Bureau of
2982	Investigation, or when a request for an exemption from
2983	disqualification has been submitted to the agency pursuant to s.
2984	435.07, but a response has not been issued.
2985	(2) The owner or administrator of an adult day care center
2986	must conduct level 1 background screening as set forth in
2987	chapter 435 on all employees hired on or after October 1, 1998,
2988	who provide basic services or supportive and optional services
2989	to the participants. Such persons satisfy this requirement if:
2990	(a) Proof of compliance with level 1 screening
2991	requirements obtained to meet any professional license
2992	requirements in this state is provided and accompanied, under
2993	penalty of perjury, by a copy of the person's current
2994	professional license and an affidavit of current compliance with
2995	the background screening requirements.
2996	(b) The person required to be screened has been
2997	continuously employed, without a breach in service that exceeds
2998	180 days, in the same type of occupation for which the person is
2999	seeking employment and provides proof of compliance with the
3000	level 1 screening requirement which is no more than 2 years old.
3001	Proof of compliance must be provided directly from one employer
3002	or contractor to another, and not from the person screened. Upon
3003	request, a copy of screening results shall be provided to the
3004	person screened by the employer retaining documentation of the
3005	screening.
3006	(c) The person required to be screened is employed by a
3007	corporation or business entity or related corporation or
3008	business entity that owns, operates, or manages more than one
3009	facility or agency licensed under this chapter, and for whom a
3010	level 1 screening was conducted by the corporation or business
3011	entity as a condition of initial or continued employment.
3012	Section 51. For the purpose of incorporating the amendment
3013	to section 435.04, Florida Statutes, in references thereto,
3014	paragraph (a) of subsection (3) of section 400.607, Florida
3015	Statutes, is reenacted to read:
3016	400.607 Denial, suspension, or revocation of license;
3017	imposition of administrative fine; grounds; injunctions.--
3018	(3) The agency may deny or revoke a license upon a
3019	determination that:
3020	(a) Persons subject to level 2 background screening under
3021	s. 400.6065 do not meet the screening standards of s. 435.04,
3022	and exemptions from disqualification have not been provided by
3023	the agency.
3024	Section 52. For the purpose of incorporating the amendment
3025	to section 435.04, Florida Statutes, in references thereto,
3026	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3027	section 400.801, Florida Statutes, are reenacted to read:
3028	400.801 Homes for special services.--
3029	(4) Each applicant for licensure must comply with the
3030	following requirements:
3031	(a) Upon receipt of a completed, signed, and dated
3032	application, the agency shall require background screening, in
3033	accordance with the level 2 standards for screening set forth in
3034	chapter 435, of the managing employee, or other similarly titled
3035	individual who is responsible for the daily operation of the
3036	facility, and of the financial officer, or other similarly
3037	titled individual who is responsible for the financial operation
3038	of the facility, including billings for client care and
3039	services, in accordance with the level 2 standards for screening
3040	set forth in chapter 435. The applicant must comply with the
3041	procedures for level 2 background screening as set forth in
3042	chapter 435.
3043	(b) The agency may require background screening of any
3044	other individual who is an applicant if the agency has probable
3045	cause to believe that he or she has been convicted of a crime or
3046	has committed any other offense prohibited under the level 2
3047	standards for screening set forth in chapter 435.
3048	(c) Proof of compliance with the level 2 background
3049	screening requirements of chapter 435 which has been submitted
3050	within the previous 5 years in compliance with any other health
3051	care or assisted living licensure requirements of this state is
3052	acceptable in fulfillment of the requirements of paragraph (a).
3053	(d) A provisional license may be granted to an applicant
3054	when each individual required by this section to undergo
3055	background screening has met the standards for the Department of
3056	Law Enforcement background check, but the agency has not yet
3057	received background screening results from the Federal Bureau of
3058	Investigation, or a request for a disqualification exemption has
3059	been submitted to the agency as set forth in chapter 435, but a
3060	response has not yet been issued. A standard license may be
3061	granted to the applicant upon the agency's receipt of a report
3062	of the results of the Federal Bureau of Investigation background
3063	screening for each individual required by this section to
3064	undergo background screening which confirms that all standards
3065	have been met, or upon the granting of a disqualification
3066	exemption by the agency as set forth in chapter 435. Any other
3067	person who is required to undergo level 2 background screening
3068	may serve in his or her capacity pending the agency's receipt of
3069	the report from the Federal Bureau of Investigation. However,
3070	the person may not continue to serve if the report indicates any
3071	violation of background screening standards and a
3072	disqualification exemption has not been requested of and granted
3073	by the agency as set forth in chapter 435.
3074	(f) Each applicant must submit to the agency a description
3075	and explanation of any conviction of an offense prohibited under
3076	the level 2 standards of chapter 435 by a member of the board of
3077	directors of the applicant, its officers, or any individual
3078	owning 5 percent or more of the applicant. This requirement does
3079	not apply to a director of a not-for-profit corporation or
3080	organization if the director serves solely in a voluntary
3081	capacity for the corporation or organization, does not regularly
3082	take part in the day-to-day operational decisions of the
3083	corporation or organization, receives no remuneration for his or
3084	her services on the corporation or organization's board of
3085	directors, and has no financial interest and has no family
3086	members with a financial interest in the corporation or
3087	organization, provided that the director and the not-for-profit
3088	corporation or organization include in the application a
3089	statement affirming that the director's relationship to the
3090	corporation satisfies the requirements of this paragraph.
3091	(g) A license may not be granted to an applicant if the
3092	applicant or managing employee has been found guilty of,
3093	regardless of adjudication, or has entered a plea of nolo
3094	contendere or guilty to, any offense prohibited under the level
3095	2 standards for screening set forth in chapter 435, unless an
3096	exemption from disqualification has been granted by the agency
3097	as set forth in chapter 435.
3098	Section 53. For the purpose of incorporating the amendment
3099	to section 435.04, Florida Statutes, in references thereto,
3100	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3101	section 400.805, Florida Statutes, are reenacted to read:
3102	400.805 Transitional living facilities.--
3103	(3) Each applicant for licensure must comply with the
3104	following requirements:
3105	(a) Upon receipt of a completed, signed, and dated
3106	application, the agency shall require background screening, in
3107	accordance with the level 2 standards for screening set forth in
3108	chapter 435, of the managing employee, or other similarly titled
3109	individual who is responsible for the daily operation of the
3110	facility, and of the financial officer, or other similarly
3111	titled individual who is responsible for the financial operation
3112	of the facility, including billings for client care and
3113	services. The applicant must comply with the procedures for
3114	level 2 background screening as set forth in chapter 435.
3115	(b) The agency may require background screening of any
3116	other individual who is an applicant if the agency has probable
3117	cause to believe that he or she has been convicted of a crime or
3118	has committed any other offense prohibited under the level 2
3119	standards for screening set forth in chapter 435.
3120	(c) Proof of compliance with the level 2 background
3121	screening requirements of chapter 435 which has been submitted
3122	within the previous 5 years in compliance with any other health
3123	care or assisted living licensure requirements of this state is
3124	acceptable in fulfillment of the requirements of paragraph (a).
3125	(d) A provisional license may be granted to an applicant
3126	when each individual required by this section to undergo
3127	background screening has met the standards for the Department of
3128	Law Enforcement background check, but the agency has not yet
3129	received background screening results from the Federal Bureau of
3130	Investigation, or a request for a disqualification exemption has
3131	been submitted to the agency as set forth in chapter 435, but a
3132	response has not yet been issued. A standard license may be
3133	granted to the applicant upon the agency's receipt of a report
3134	of the results of the Federal Bureau of Investigation background
3135	screening for each individual required by this section to
3136	undergo background screening which confirms that all standards
3137	have been met, or upon the granting of a disqualification
3138	exemption by the agency as set forth in chapter 435. Any other
3139	person who is required to undergo level 2 background screening
3140	may serve in his or her capacity pending the agency's receipt of
3141	the report from the Federal Bureau of Investigation. However,
3142	the person may not continue to serve if the report indicates any
3143	violation of background screening standards and a
3144	disqualification exemption has not been requested of and granted
3145	by the agency as set forth in chapter 435.
3146	(f) Each applicant must submit to the agency a description
3147	and explanation of any conviction of an offense prohibited under
3148	the level 2 standards of chapter 435 by a member of the board of
3149	directors of the applicant, its officers, or any individual
3150	owning 5 percent or more of the applicant. This requirement does
3151	not apply to a director of a not-for-profit corporation or
3152	organization if the director serves solely in a voluntary
3153	capacity for the corporation or organization, does not regularly
3154	take part in the day-to-day operational decisions of the
3155	corporation or organization, receives no remuneration for his or
3156	her services on the corporation or organization's board of
3157	directors, and has no financial interest and has no family
3158	members with a financial interest in the corporation or
3159	organization, provided that the director and the not-for-profit
3160	corporation or organization include in the application a
3161	statement affirming that the director's relationship to the
3162	corporation satisfies the requirements of this paragraph.
3163	(g) A license may not be granted to an applicant if the
3164	applicant or managing employee has been found guilty of,
3165	regardless of adjudication, or has entered a plea of nolo
3166	contendere or guilty to, any offense prohibited under the level
3167	2 standards for screening set forth in chapter 435, unless an
3168	exemption from disqualification has been granted by the agency
3169	as set forth in chapter 435.
3170	Section 54. For the purpose of incorporating the amendment
3171	to section 435.04, Florida Statutes, in references thereto,
3172	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3173	section 400.906, Florida Statutes, are reenacted to read:
3174	400.906 Initial application for license.--
3175	(5) Each applicant for licensure must comply with the
3176	following requirements:
3177	(a) Upon receipt of a completed, signed, and dated
3178	application, the agency shall require background screening, in
3179	accordance with the level 2 standards for screening set forth in
3180	chapter 435, of the operator, and of the financial officer, or
3181	other similarly titled individual who is responsible for the
3182	financial operation of the center, including billings for
3183	patient care and services. The applicant must comply with the
3184	procedures for level 2 background screening as set forth in
3185	chapter 435, as well as the requirements of s. 435.03(3).
3186	(b) The agency may require background screening of any
3187	other individual who is an applicant if the agency has a
3188	reasonable basis for believing that he or she has been convicted
3189	of a crime or has committed any other offense prohibited under
3190	the level 2 standards for screening set forth in chapter 435.
3191	(c) Proof of compliance with the level 2 background
3192	screening requirements of chapter 435 which has been submitted
3193	within the previous 5 years in compliance with any other health
3194	care licensure requirements of this state is acceptable in
3195	fulfillment of the requirements of paragraph (a).
3196	(d) A provisional license may be granted to an applicant
3197	when each individual required by this section to undergo
3198	background screening has met the standards for the Department of
3199	Law Enforcement background check, but the agency has not yet
3200	received background screening results from the Federal Bureau of
3201	Investigation, or a request for a disqualification exemption has
3202	been submitted to the agency as set forth in chapter 435, but a
3203	response has not yet been issued. A standard license may be
3204	granted to the applicant upon the agency's receipt of a report
3205	of the results of the Federal Bureau of Investigation background
3206	screening for each individual required by this section to
3207	undergo background screening which confirms that all standards
3208	have been met, or upon the granting of a disqualification
3209	exemption by the agency as set forth in chapter 435. Any other
3210	person who is required to undergo level 2 background screening
3211	may serve in his or her capacity pending the agency's receipt of
3212	the report from the Federal Bureau of Investigation. However,
3213	the person may not continue to serve if the report indicates any
3214	violation of background screening standards and a
3215	disqualification exemption has not been requested of and granted
3216	by the agency as set forth in chapter 435.
3217	(f) Each applicant must submit to the agency a description
3218	and explanation of any conviction of an offense prohibited under
3219	the level 2 standards of chapter 435 by a member of the board of
3220	directors of the applicant, its officers, or any individual
3221	owning 5 percent or more of the applicant. This requirement does
3222	not apply to a director of a not-for-profit corporation or
3223	organization if the director serves solely in a voluntary
3224	capacity for the corporation or organization, does not regularly
3225	take part in the day-to-day operational decisions of the
3226	corporation or organization, receives no remuneration for his or
3227	her services on the corporation or organization's board of
3228	directors, and has no financial interest and has no family
3229	members with a financial interest in the corporation or
3230	organization, provided that the director and the not-for-profit
3231	corporation or organization include in the application a
3232	statement affirming that the director's relationship to the
3233	corporation satisfies the requirements of this paragraph.
3234	(g) A license may not be granted to an applicant if the
3235	applicant or managing employee has been found guilty of,
3236	regardless of adjudication, or has entered a plea of nolo
3237	contendere or guilty to, any offense prohibited under the level
3238	2 standards for screening set forth in chapter 435, unless an
3239	exemption from disqualification has been granted by the agency
3240	as set forth in chapter 435.
3241	Section 55. For the purpose of incorporating the amendment
3242	to section 435.04, Florida Statutes, in references thereto,
3243	paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3244	section 400.931, Florida Statutes, are reenacted to read:
3245	400.931 Application for license; fee; provisional license;
3246	temporary permit.--
3247	(5) Each applicant for licensure must comply with the
3248	following requirements:
3249	(a) Upon receipt of a completed, signed, and dated
3250	application, the agency shall require background screening of
3251	the applicant, in accordance with the level 2 standards for
3252	screening set forth in chapter 435. As used in this subsection,
3253	the term "applicant" means the general manager and the financial
3254	officer or similarly titled individual who is responsible for
3255	the financial operation of the licensed facility.
3256	(b) The agency may require background screening for a
3257	member of the board of directors of the licensee or an officer
3258	or an individual owning 5 percent or more of the licensee if the
3259	agency has probable cause to believe that such individual has
3260	been convicted of an offense prohibited under the level 2
3261	standards for screening set forth in chapter 435.
3262	(c) Proof of compliance with the level 2 background
3263	screening requirements of chapter 435 which has been submitted
3264	within the previous 5 years in compliance with any other health
3265	care licensure requirements of this state is acceptable in
3266	fulfillment of paragraph (a).
3267	(e) Each applicant must submit to the agency a description
3268	and explanation of any conviction of an offense prohibited under
3269	the level 2 standards of chapter 435 by a member of the board of
3270	directors of the applicant, its officers, or any individual
3271	owning 5 percent or more of the applicant. This requirement does
3272	not apply to a director of a not-for-profit corporation or
3273	organization if the director serves solely in a voluntary
3274	capacity for the corporation or organization, does not regularly
3275	take part in the day-to-day operational decisions of the
3276	corporation or organization, receives no remuneration for his or
3277	her services on the corporation's or organization's board of
3278	directors, and has no financial interest and has no family
3279	members with a financial interest in the corporation or
3280	organization, provided that the director and the not-for-profit
3281	corporation or organization include in the application a
3282	statement affirming that the director's relationship to the
3283	corporation satisfies the requirements of this provision.
3284	(f) A license may not be granted to any potential licensee
3285	if any applicant, administrator, or financial officer has been
3286	found guilty of, regardless of adjudication, or has entered a
3287	plea of nolo contendere or guilty to, any offense prohibited
3288	under the level 2 standards for screening set forth in chapter
3289	435, unless an exemption from disqualification has been granted
3290	by the agency as set forth in chapter 435.
3291	Section 56. For the purpose of incorporating the amendment
3292	to section 435.04, Florida Statutes, in references thereto,
3293	paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3294	section 400.962, Florida Statutes, are reenacted to read:
3295	400.962 License required; license application.--
3296	(10)(a) Upon receipt of a completed, signed, and dated
3297	application, the agency shall require background screening of
3298	the applicant, in accordance with the level 2 standards for
3299	screening set forth in chapter 435. As used in this subsection,
3300	the term "applicant" means the facility administrator, or
3301	similarly titled individual who is responsible for the day-to-
3302	day operation of the licensed facility, and the facility
3303	financial officer, or similarly titled individual who is
3304	responsible for the financial operation of the licensed
3305	facility.
3306	(b) The agency may require background screening for a
3307	member of the board of directors of the licensee or an officer
3308	or an individual owning 5 percent or more of the licensee if the
3309	agency has probable cause to believe that such individual has
3310	been convicted of an offense prohibited under the level 2
3311	standards for screening set forth in chapter 435.
3312	(c) Proof of compliance with the level 2 background
3313	screening requirements of chapter 435 which has been submitted
3314	within the previous 5 years in compliance with any other
3315	licensure requirements under this chapter satisfies the
3316	requirements of paragraph (a). Proof of compliance with
3317	background screening which has been submitted within the
3318	previous 5 years to fulfill the requirements of the Financial
3319	Services Commission and the Office of Insurance Regulation under
3320	chapter 651 as part of an application for a certificate of
3321	authority to operate a continuing care retirement community
3322	satisfies the requirements for the Department of Law Enforcement
3323	and Federal Bureau of Investigation background checks.
3324	(d) A provisional license may be granted to an applicant
3325	when each individual required by this section to undergo
3326	background screening has met the standards for the Department of
3327	Law Enforcement background check, but the agency has not yet
3328	received background screening results from the Federal Bureau of
3329	Investigation, or a request for a disqualification exemption has
3330	been submitted to the agency as set forth in chapter 435, but a
3331	response has not yet been issued. A license may be granted to
3332	the applicant upon the agency's receipt of a report of the
3333	results of the Federal Bureau of Investigation background
3334	screening for each individual required by this section to
3335	undergo background screening which confirms that all standards
3336	have been met, or upon the granting of a disqualification
3337	exemption by the agency as set forth in chapter 435. Any other
3338	person who is required to undergo level 2 background screening
3339	may serve in his or her capacity pending the agency's receipt of
3340	the report from the Federal Bureau of Investigation; however,
3341	the person may not continue to serve if the report indicates any
3342	violation of background screening standards and a
3343	disqualification exemption has not been granted by the agency as
3344	set forth in chapter 435.
3345	(f) Each applicant must submit to the agency a description
3346	and explanation of any conviction of an offense prohibited under
3347	the level 2 standards of chapter 435 by a member of the board of
3348	directors of the applicant, its officers, or any individual
3349	owning 5 percent or more of the applicant. This requirement does
3350	not apply to a director of a not-for-profit corporation or
3351	organization if the director serves solely in a voluntary
3352	capacity for the corporation or organization, does not regularly
3353	take part in the day-to-day operational decisions of the
3354	corporation or organization, receives no remuneration for his or
3355	her services on the corporation's or organization's board of
3356	directors, and has no financial interest and has no family
3357	members with a financial interest in the corporation or
3358	organization, provided that the director and the not-for-profit
3359	corporation or organization include in the application a
3360	statement affirming that the director's relationship to the
3361	corporation satisfies the requirements of this paragraph.
3362	Section 57. For the purpose of incorporating the amendment
3363	to section 435.04, Florida Statutes, in references thereto,
3364	paragraphs (b) and (d) of subsection (7) of section 400.991,
3365	Florida Statutes, are reenacted to read:
3366	400.991 License requirements; background screenings;
3367	prohibitions.--
3368	(7) Each applicant for licensure shall comply with the
3369	following requirements:
3370	(b) Upon receipt of a completed, signed, and dated
3371	application, the agency shall require background screening of
3372	the applicant, in accordance with the level 2 standards for
3373	screening set forth in chapter 435. Proof of compliance with the
3374	level 2 background screening requirements of chapter 435 which
3375	has been submitted within the previous 5 years in compliance
3376	with any other health care licensure requirements of this state
3377	is acceptable in fulfillment of this paragraph.
3378	(d) A license may not be granted to a clinic if the
3379	applicant has been found guilty of, regardless of adjudication,
3380	or has entered a plea of nolo contendere or guilty to, any
3381	offense prohibited under the level 2 standards for screening set
3382	forth in chapter 435, or a violation of insurance fraud under s.
3383	817.234, within the past 5 years. If the applicant has been
3384	convicted of an offense prohibited under the level 2 standards
3385	or insurance fraud in any jurisdiction, the applicant must show
3386	that his or her civil rights have been restored prior to
3387	submitting an application.
3388	Section 58. For the purpose of incorporating the amendment
3389	to section 435.04, Florida Statutes, in references thereto,
3390	paragraph (e) of subsection (2) of section 402.302, Florida
3391	Statutes, is reenacted to read:
3392	402.302 Definitions.--
3393	(2) "Child care facility" includes any child care center
3394	or child care arrangement which provides child care for more
3395	than five children unrelated to the operator and which receives
3396	a payment, fee, or grant for any of the children receiving care,
3397	wherever operated, and whether or not operated for profit. The
3398	following are not included:
3399	(e) Operators of transient establishments, as defined in
3400	chapter 509, which provide child care services solely for the
3401	guests of their establishment or resort, provided that all child
3402	care personnel of the establishment are screened according to
3403	the level 2 screening requirements of chapter 435.
3404	Section 59. For the purpose of incorporating the amendment
3405	to section 435.04, Florida Statutes, in references thereto,
3406	paragraph (a) of subsection (2) of section 402.305, Florida
3407	Statutes, is reenacted to read:
3408	402.305 Licensing standards; child care facilities.--
3409	(2) PERSONNEL.--Minimum standards for child care personnel
3410	shall include minimum requirements as to:
3411	(a) Good moral character based upon screening. This
3412	screening shall be conducted as provided in chapter 435, using
3413	the level 2 standards for screening set forth in that chapter.
3414	Section 60. For the purpose of incorporating the amendment
3415	to section 435.04, Florida Statutes, in references thereto,
3416	subsection (3) of section 402.3054, Florida Statutes, is
3417	reenacted to read:
3418	402.3054 Child enrichment service providers.--
3419	(3) A child enrichment service provider shall be of good
3420	moral character based upon screening. This screening shall be
3421	conducted as provided in chapter 435, using the level 2
3422	standards for screening set forth in that chapter. A child
3423	enrichment service provider must meet the screening requirements
3424	prior to providing services to a child in a child care facility.
3425	A child enrichment service provider who has met the screening
3426	standards shall not be required to be under the direct and
3427	constant supervision of child care personnel.
3428	Section 61. For the purpose of incorporating the amendment
3429	to section 435.04, Florida Statutes, in references thereto,
3430	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3431	section 483.30, Florida Statutes, are reenacted to read:
3432	483.30 Licensing of centers.--
3433	(2) Each applicant for licensure must comply with the
3434	following requirements:
3435	(a) Upon receipt of a completed, signed, and dated
3436	application, the agency shall require background screening, in
3437	accordance with the level 2 standards for screening set forth in
3438	chapter 435, of the managing employee, or other similarly titled
3439	individual who is responsible for the daily operation of the
3440	center, and of the financial officer, or other similarly titled
3441	individual who is responsible for the financial operation of the
3442	center, including billings for patient services. The applicant
3443	must comply with the procedures for level 2 background screening
3444	as set forth in chapter 435, as well as the requirements of s.
3445	435.03(3).
3446	(b) The agency may require background screening of any
3447	other individual who is an applicant if the agency has probable
3448	cause to believe that he or she has been convicted of a crime or
3449	has committed any other offense prohibited under the level 2
3450	standards for screening set forth in chapter 435.
3451	(c) Proof of compliance with the level 2 background
3452	screening requirements of chapter 435 which has been submitted
3453	within the previous 5 years in compliance with any other health
3454	care licensure requirements of this state is acceptable in
3455	fulfillment of the requirements of paragraph (a).
3456	(d) A provisional license may be granted to an applicant
3457	when each individual required by this section to undergo
3458	background screening has met the standards for the Department of
3459	Law Enforcement background check, but the agency has not yet
3460	received background screening results from the Federal Bureau of
3461	Investigation, or a request for a disqualification exemption has
3462	been submitted to the agency as set forth in chapter 435 but a
3463	response has not yet been issued. A license may be granted to
3464	the applicant upon the agency's receipt of a report of the
3465	results of the Federal Bureau of Investigation background
3466	screening for each individual required by this section to
3467	undergo background screening which confirms that all standards
3468	have been met, or upon the granting of a disqualification
3469	exemption by the agency as set forth in chapter 435. Any other
3470	person who is required to undergo level 2 background screening
3471	may serve in his or her capacity pending the agency's receipt of
3472	the report from the Federal Bureau of Investigation. However,
3473	the person may not continue to serve if the report indicates any
3474	violation of background screening standards and a
3475	disqualification exemption has not been requested of and granted
3476	by the agency as set forth in chapter 435.
3477	(f) Each applicant must submit to the agency a description
3478	and explanation of any conviction of an offense prohibited under
3479	the level 2 standards of chapter 435 by a member of the board of
3480	directors of the applicant, its officers, or any individual
3481	owning 5 percent or more of the applicant. This requirement does
3482	not apply to a director of a not-for-profit corporation or
3483	organization if the director serves solely in a voluntary
3484	capacity for the corporation or organization, does not regularly
3485	take part in the day-to-day operational decisions of the
3486	corporation or organization, receives no remuneration for his or
3487	her services on the corporation or organization's board of
3488	directors, and has no financial interest and has no family
3489	members with a financial interest in the corporation or
3490	organization, provided that the director and the not-for-profit
3491	corporation or organization include in the application a
3492	statement affirming that the director's relationship to the
3493	corporation satisfies the requirements of this paragraph.
3494	(g) A license may not be granted to an applicant if the
3495	applicant or managing employee has been found guilty of,
3496	regardless of adjudication, or has entered a plea of nolo
3497	contendere or guilty to, any offense prohibited under the level
3498	2 standards for screening set forth in chapter 435, unless an
3499	exemption from disqualification has been granted by the agency
3500	as set forth in chapter 435.
3501	Section 62. For the purpose of incorporating the amendment
3502	to section 435.04, Florida Statutes, in references thereto,
3503	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3504	section 483.101, Florida Statutes, are reenacted to read:
3505	483.101 Application for clinical laboratory license.--
3506	(2) Each applicant for licensure must comply with the
3507	following requirements:
3508	(a) Upon receipt of a completed, signed, and dated
3509	application, the agency shall require background screening, in
3510	accordance with the level 2 standards for screening set forth in
3511	chapter 435, of the managing director or other similarly titled
3512	individual who is responsible for the daily operation of the
3513	laboratory and of the financial officer, or other similarly
3514	titled individual who is responsible for the financial operation
3515	of the laboratory, including billings for patient services. The
3516	applicant must comply with the procedures for level 2 background
3517	screening as set forth in chapter 435, as well as the
3518	requirements of s. 435.03(3).
3519	(b) The agency may require background screening of any
3520	other individual who is an applicant if the agency has probable
3521	cause to believe that he or she has been convicted of a crime or
3522	has committed any other offense prohibited under the level 2
3523	standards for screening set forth in chapter 435.
3524	(c) Proof of compliance with the level 2 background
3525	screening requirements of chapter 435 which has been submitted
3526	within the previous 5 years in compliance with any other health
3527	care licensure requirements of this state is acceptable in
3528	fulfillment of the requirements of paragraph (a).
3529	(d) A provisional license may be granted to an applicant
3530	when each individual required by this section to undergo
3531	background screening has met the standards for the Department of
3532	Law Enforcement background check but the agency has not yet
3533	received background screening results from the Federal Bureau of
3534	Investigation, or a request for a disqualification exemption has
3535	been submitted to the agency as set forth in chapter 435 but a
3536	response has not yet been issued. A license may be granted to
3537	the applicant upon the agency's receipt of a report of the
3538	results of the Federal Bureau of Investigation background
3539	screening for each individual required by this section to
3540	undergo background screening which confirms that all standards
3541	have been met, or upon the granting of a disqualification
3542	exemption by the agency as set forth in chapter 435. Any other
3543	person who is required to undergo level 2 background screening
3544	may serve in his or her capacity pending the agency's receipt of
3545	the report from the Federal Bureau of Investigation. However,
3546	the person may not continue to serve if the report indicates any
3547	violation of background screening standards and a
3548	disqualification exemption has not been requested of and granted
3549	by the agency as set forth in chapter 435.
3550	(f) Each applicant must submit to the agency a description
3551	and explanation of any conviction of an offense prohibited under
3552	the level 2 standards of chapter 435 by a member of the board of
3553	directors of the applicant, its officers, or any individual
3554	owning 5 percent or more of the applicant. This requirement does
3555	not apply to a director of a not-for-profit corporation or
3556	organization if the director serves solely in a voluntary
3557	capacity for the corporation or organization, does not regularly
3558	take part in the day-to-day operational decisions of the
3559	corporation or organization, receives no remuneration for his or
3560	her services on the corporation or organization's board of
3561	directors, and has no financial interest and has no family
3562	members with a financial interest in the corporation or
3563	organization, provided that the director and the not-for-profit
3564	corporation or organization include in the application a
3565	statement affirming that the director's relationship to the
3566	corporation satisfies the requirements of this paragraph.
3567	(g) A license may not be granted to an applicant if the
3568	applicant or managing employee has been found guilty of,
3569	regardless of adjudication, or has entered a plea of nolo
3570	contendere or guilty to, any offense prohibited under the level
3571	2 standards for screening set forth in chapter 435, unless an
3572	exemption from disqualification has been granted by the agency
3573	as set forth in chapter 435.
3574	Section 63. For the purpose of incorporating the amendment
3575	to section 435.04, Florida Statutes, in references thereto,
3576	subsection (5) of section 744.1085, Florida Statutes, is
3577	reenacted to read:
3578	744.1085 Regulation of professional guardians;
3579	application; bond required; educational requirements.--
3580	(5) As required in s. 744.3135, each professional guardian
3581	shall allow a level 2 background screening of the guardian and
3582	employees of the guardian in accordance with the provisions of
3583	s. 435.04.
3584	Section 64. For the purpose of incorporating the amendment
3585	to section 435.04, Florida Statutes, in references thereto,
3586	paragraph (b) of subsection (2) of section 984.01, Florida
3587	Statutes, is reenacted to read:
3588	984.01 Purposes and intent; personnel standards and
3589	screening.--
3590	(2) The Department of Juvenile Justice or the Department
3591	of Children and Family Services, as appropriate, may contract
3592	with the Federal Government, other state departments and
3593	agencies, county and municipal governments and agencies, public
3594	and private agencies, and private individuals and corporations
3595	in carrying out the purposes of, and the responsibilities
3596	established in, this chapter.
3597	(b) The Department of Juvenile Justice and the Department
3598	of Children and Family Services shall require employment
3599	screening pursuant to chapter 435, using the level 2 standards
3600	set forth in that chapter for personnel in programs for children
3601	or youths.
3602	Section 65. For the purpose of incorporating the amendment
3603	to section 435.04, Florida Statutes, in references thereto,
3604	paragraph (b) of subsection (2) of section 985.01, Florida
3605	Statutes, is reenacted to read:
3606	985.01 Purposes and intent; personnel standards and
3607	screening.--
3608	(2) The Department of Juvenile Justice or the Department
3609	of Children and Family Services, as appropriate, may contract
3610	with the Federal Government, other state departments and
3611	agencies, county and municipal governments and agencies, public
3612	and private agencies, and private individuals and corporations
3613	in carrying out the purposes of, and the responsibilities
3614	established in, this chapter.
3615	(b) The Department of Juvenile Justice and the Department
3616	of Children and Family Services shall require employment
3617	screening pursuant to chapter 435, using the level 2 standards
3618	set forth in that chapter for personnel in programs for children
3619	or youths.
3620	Section 66. For the purpose of incorporating the amendment
3621	to section 435.04, Florida Statutes, in references thereto,
3622	paragraphs (a) and (b) of subsection (7) of section 1002.36,
3623	Florida Statutes, are reenacted to read:
3624	1002.36 Florida School for the Deaf and the Blind.--
3625	(7) PERSONNEL SCREENING.--
3626	(a) The Board of Trustees of the Florida School for the
3627	Deaf and the Blind shall, because of the special trust or
3628	responsibility of employees of the school, require all employees
3629	and applicants for employment to undergo personnel screening and
3630	security background investigations as provided in chapter 435,
3631	using the level 2 standards for screening set forth in that
3632	chapter, as a condition of employment and continued employment.
3633	The cost of a personnel screening and security background
3634	investigation for an employee of the school shall be paid by the
3635	school. The cost of such a screening and investigation for an
3636	applicant for employment may be paid by the school.
3637	(b) As a prerequisite for initial and continuing
3638	employment at the Florida School for the Deaf and the Blind:
3639	1. The applicant or employee shall submit to the Florida
3640	School for the Deaf and the Blind a complete set of fingerprints
3641	taken by an authorized law enforcement agency or an employee of
3642	the Florida School for the Deaf and the Blind who is trained to
3643	take fingerprints. The Florida School for the Deaf and the Blind
3644	shall submit the fingerprints to the Department of Law
3645	Enforcement for state processing and the Federal Bureau of
3646	Investigation for federal processing.
3647	2.a. The applicant or employee shall attest to the minimum
3648	standards for good moral character as contained in chapter 435,
3649	using the level 2 standards set forth in that chapter under
3650	penalty of perjury.
3651	b. New personnel shall be on a probationary status pending
3652	a determination of compliance with such minimum standards for
3653	good moral character. This paragraph is in addition to any
3654	probationary status provided for by Florida law or Florida
3655	School for the Deaf and the Blind rules or collective bargaining
3656	contracts.
3657	3. The Florida School for the Deaf and the Blind shall
3658	review the record of the applicant or employee with respect to
3659	the crimes contained in s. 435.04 and shall notify the applicant
3660	or employee of its findings. When disposition information is
3661	missing on a criminal record, it shall be the responsibility of
3662	the applicant or employee, upon request of the Florida School
3663	for the Deaf and the Blind, to obtain and supply within 30 days
3664	the missing disposition information to the Florida School for
3665	the Deaf and the Blind. Failure to supply missing information
3666	within 30 days or to show reasonable efforts to obtain such
3667	information shall result in automatic disqualification of an
3668	applicant and automatic termination of an employee.
3669	4. After an initial personnel screening and security
3670	background investigation, written notification shall be given to
3671	the affected employee within a reasonable time prior to any
3672	subsequent screening and investigation.
3673	Section 67. For the purpose of incorporating the
3674	amendments to sections 943.0585 and 943.059, Florida Statutes,
3675	in references thereto, paragraph (a) of subsection (2) and
3676	subsection (6) of section 943.0582, Florida Statutes, are
3677	reenacted to read:
3678	943.0582 Prearrest, postarrest, or teen court diversion
3679	program expunction.--
3680	(2)(a) As used in this section, the term "expunction" has
3681	the same meaning ascribed in and effect as s. 943.0585, except
3682	that:
3683	1. The provisions of s. 943.0585(4)(a) do not apply,
3684	except that the criminal history record of a person whose record
3685	is expunged pursuant to this section shall be made available
3686	only to criminal justice agencies for the purpose of determining
3687	eligibility for prearrest, postarrest, or teen court diversion
3688	programs; when the record is sought as part of a criminal
3689	investigation; or when the subject of the record is a candidate
3690	for employment with a criminal justice agency. For all other
3691	purposes, a person whose record is expunged under this section
3692	may lawfully deny or fail to acknowledge the arrest and the
3693	charge covered by the expunged record.
3694	2. Records maintained by local criminal justice agencies
3695	in the county in which the arrest occurred that are eligible for
3696	expunction pursuant to this section shall be sealed as the term
3697	is used in s. 943.059.
3698	(6) Expunction or sealing granted under this section does
3699	not prevent the minor who receives such relief from petitioning
3700	for the expunction or sealing of a later criminal history record
3701	as provided for in ss. 943.0585 and 943.059, if the minor is
3702	otherwise eligible under those sections.
3703	Section 68. For the purpose of incorporating the amendment
3704	to section 943.059, Florida Statutes, in references thereto,
3705	subsections (7), (8), and (9) of section 943.053, Florida
3706	Statutes, are reenacted to read:
3707	943.053 Dissemination of criminal justice information;
3708	fees.--
3709	(7) Notwithstanding the provisions of s. 943.0525, and any
3710	user agreements adopted pursuant thereto, and notwithstanding
3711	the confidentiality of sealed records as provided for in s.
3712	943.059, the sheriff of any county that has contracted with a
3713	private entity to operate a county detention facility pursuant
3714	to the provisions of s. 951.062 shall provide that private
3715	entity, in a timely manner, copies of the Florida criminal
3716	history records for its inmates. The sheriff may assess a charge
3717	for the Florida criminal history records pursuant to the
3718	provisions of chapter 119. Sealed records received by the
3719	private entity under this section remain confidential and exempt
3720	from the provisions of s. 119.07(1).
3721	(8) Notwithstanding the provisions of s. 943.0525, and any
3722	user agreements adopted pursuant thereto, and notwithstanding
3723	the confidentiality of sealed records as provided for in s.
3724	943.059, the Department of Corrections shall provide, in a
3725	timely manner, copies of the Florida criminal history records
3726	for inmates housed in a private state correctional facility to
3727	the private entity under contract to operate the facility
3728	pursuant to the provisions of s. 944.105 or s. 957.03. The
3729	department may assess a charge for the Florida criminal history
3730	records pursuant to the provisions of chapter 119. Sealed
3731	records received by the private entity under this section remain
3732	confidential and exempt from the provisions of s. 119.07(1).
3733	(9) Notwithstanding the provisions of s. 943.0525 and any
3734	user agreements adopted pursuant thereto, and notwithstanding
3735	the confidentiality of sealed records as provided for in s.
3736	943.059, the Department of Juvenile Justice or any other state
3737	or local criminal justice agency may provide copies of the
3738	Florida criminal history records for juvenile offenders
3739	currently or formerly detained or housed in a contracted
3740	juvenile assessment center or detention facility or serviced in
3741	a contracted treatment program and for employees or other
3742	individuals who will have access to these facilities, only to
3743	the entity under direct contract with the Department of Juvenile
3744	Justice to operate these facilities or programs pursuant to the
3745	provisions of s. 985.411. The criminal justice agency providing
3746	such data may assess a charge for the Florida criminal history
3747	records pursuant to the provisions of chapter 119. Sealed
3748	records received by the private entity under this section remain
3749	confidential and exempt from the provisions of s. 119.07(1).
3750	Information provided under this section shall be used only for
3751	the criminal justice purpose for which it was requested and may
3752	not be further disseminated.
3753	Section 69. The creation of sections 393.135, 394.4593,
3754	and 916.1075, Florida Statutes, by this act shall apply to
3755	offenses committed on or after the effective date of this act.
3756	Section 70. This act shall take effect July 1, 2004.