HB 7069

1	A bill to be entitled
2	An act relating to background screening; amending s.
3	39.821, F.S.; revising background screening requirements
4	for the Guardian Ad Litem Program; amending s. 215.5586,
5	F.S.; removing reference to chapter 435, F.S., for
6	background screening of hurricane mitigation inspectors;
7	amending s. 393.0655, F.S.; adding additional
8	disqualifying offenses for the screening of direct service
9	providers for persons with developmental disabilities;
10	amending s. 394.4572, F.S.; revising background screening
11	requirements for mental health personnel; amending s.
12	400.215, F.S.; revising background screening requirements
13	for nursing home personnel; amending s. 400.506, F.S.;
14	conforming provisions to changes made by the act; amending
15	s. 400.512, F.S.; revising background screening
16	requirements for home health agency personnel, nurse
17	registry personnel, and companions and homemakers;
18	amending s. 400.6065, F.S.; revising background screening
19	requirements for hospices; amending s. 400.801, F.S.;
20	revising background screening requirements for homes for
21	special services; amending s. 400.805, F.S.; revising
22	background screening requirements for transitional living
23	facilities; creating s. 400.9065, F.S.; providing
24	background screening requirements for prescribed pediatric
25	extended care centers; amending s. 400.934, F.S.; revising
26	minimum standards for home medical equipment providers;
27	amending s. 400.953, F.S.; revising background screening
28	requirements for home medical equipment providers;
29	repealing s. 400.955, F.S., relating to the procedures for
30	screening of home medical equipment provider personnel;
31	amending s. 400.964, F.S.; revising background screening
32	requirements for intermediate care facilities for
33	developmentally disabled persons; amending s. 400.980,
34	F.S.; revising background screening requirements for
35	health care services pools; amending s. 400.991, F.S.;
36	revising background screening requirements for health care
37	clinics; amending s. 408.806, F.S.; adding a requirement
38	for an affidavit relating to background screening to the
39	license application process under the Agency for Health
40	Care Administration; amending s. 408.808, F.S.; conforming
41	provisions to changes made by the act; amending s.
42	408.809, F.S.; revising background screening requirements
43	under the Agency for Health Care Administration; requiring
44	electronic submission of fingerprints; amending s.
45	409.175, F.S.; revising background screening requirements
46	for employees and volunteers in summer day camps and
47	summer 24-hour camps; amending s. 409.221, F.S.; revising
48	background screening requirements for persons who render
49	consumer-directed care; amending s. 409.907, F.S.;
50	revising background screening requirements for Medicaid
51	providers; amending s. 429.14, F.S.; revising
52	administrative penalty provisions relating to assisted
53	living facilities; amending s. 429.174, F.S.; revising
54	background screening requirements for assisted living
55	facilities; amending s. 429.67, F.S.; revising licensure
56	requirements for adult family-care homes; amending s.
57	429.69, F.S.; revising background screening requirements
58	for adult family-care homes; amending s. 429.911, F.S.;
59	revising administrative penalty provisions relating to
60	adult day care centers; amending s. 429.919, F.S.;
61	revising background screening requirements for adult day
62	care centers; creating s. 430.60, F.S.; providing
63	background screening requirements for direct service
64	providers under the Department of Elderly Affairs;
65	amending s. 435.01, F.S.; revising provisions related to
66	the applicability of the chapter, statutory references to
67	the chapter, and rulemaking; providing construction with
68	respect to the doctrine of incorporation by reference;
69	amending s. 435.02, F.S.; revising and adding definitions;
70	amending s. 435.03, F.S.; revising level 1 screening
71	standards; adding disqualifying offenses; amending s.
72	435.04, F.S.; revising level 2 screening standards;
73	requiring electronic submission of fingerprints after a
74	certain date; authorizing agencies to contract for
75	electronic fingerprinting; adding disqualifying offenses;
76	amending s. 435.05, F.S.; revising background check
77	requirements for covered employees and employers; amending
78	s. 435.06, F.S.; revising provisions relating to exclusion
79	from employment; providing that an employer may not hire,
80	select, or otherwise allow an employee contact with any
81	vulnerable person until the screening process is
82	completed; requiring removal of an employee arrested for
83	disqualifying offenses from roles requiring background
84	screening until the employee's eligibility for employment
85	determined; amending s. 435.07, F.S.; revising provisions
86	relating to exemptions from disqualification; amending s.
87	435.08, F.S.; revising provisions relating to the payment
88	for processing of fingerprints and criminal history
89	records checks; amending s. 464.203, F.S.; conforming
90	provisions to changes made by the act; amending s.
91	489.115, F.S.; removing reference to chapter 435, F.S.,
92	for background screening of construction contractors;
93	amending s. 943.05, F.S.; revising provisions relating to
94	the Criminal Justice Information Program under the
95	Department of Law Enforcement; authorizing agencies to
96	request the retention of certain fingerprints by the
97	department; providing for rulemaking to require employers
98	to keep the agencies informed of any change in the
99	affiliation, employment, or contractual status of each
100	person whose fingerprints are retained in certain
101	circumstances; providing departmental duties upon
102	notification that a federal fingerprint retention program
103	is in effect; amending s. 943.053, F.S.; removing obsolete
104	references relating to the dissemination of criminal
105	justice information; amending s. 985.644, F.S.; revising
106	background screening requirements for the Department of
107	Juvenile Justice; authorizing rulemaking; amending ss.
108	381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
109	and 985.04, F.S.; conforming provisions to changes made to
110	ch. 435, F.S., by this act; providing for prospective
111	application of the act; providing an effective date.
112
113	Be It Enacted by the Legislature of the State of Florida:
114
115	Section 1.  Subsection (1) of section 39.821, Florida
116	Statutes, is amended to read:
117	39.821  Qualifications of guardians ad litem.-
118	(1)  Because of the special trust or responsibility placed
119	in a guardian ad litem, the Guardian Ad Litem Program may use
120	any private funds collected by the program, or any state funds
121	so designated, to conduct a security background investigation
122	before certifying a volunteer to serve. A security background
123	investigation must include, but need not be limited to,
124	employment history checks, checks of references, local criminal
125	records checks through local law enforcement agencies, and
126	statewide criminal records checks through the Department of Law
127	Enforcement. Upon request, an employer shall furnish a copy of
128	the personnel record for the employee or former employee who is
129	the subject of a security background investigation conducted
130	under this section. The information contained in the personnel
131	record may include, but need not be limited to, disciplinary
132	matters and the reason why the employee was terminated from
133	employment. An employer who releases a personnel record for
134	purposes of a security background investigation is presumed to
135	have acted in good faith and is not liable for information
136	contained in the record without a showing that the employer
137	maliciously falsified the record. A security background
138	investigation conducted under this section must ensure that a
139	person is not certified as a guardian ad litem if the person has
140	been convicted of, regardless of adjudication, or entered a plea
141	of nolo contendere or guilty to, any offense prohibited under
142	the provisions listed in s. 435.04. All applicants certified
143	after July 1, 2010, must undergo a level 2 background screening
144	pursuant to chapter 435 before being certified the provisions of
145	the Florida Statutes specified in s. 435.04(2) or under any
146	similar law in another jurisdiction. Before certifying an
147	applicant to serve as a guardian ad litem, the Guardian Ad Litem
148	Program may request a federal criminal records check of the
149	applicant through the Federal Bureau of Investigation. In
150	analyzing and evaluating the information obtained in the
151	security background investigation, the program must give
152	particular emphasis to past activities involving children,
153	including, but not limited to, child-related criminal offenses
154	or child abuse. The program has the sole discretion in
155	determining whether to certify a person based on his or her
156	security background investigation. The information collected
157	pursuant to the security background investigation is
158	confidential and exempt from s. 119.07(1).
159	Section 2.  Paragraph (b) of subsection (1) of section
160	215.5586, Florida Statutes, is amended to read:
161	215.5586  My Safe Florida Home Program.-There is
162	established within the Department of Financial Services the My
163	Safe Florida Home Program. The department shall provide fiscal
164	accountability, contract management, and strategic leadership
165	for the program, consistent with this section. This section does
166	not create an entitlement for property owners or obligate the
167	state in any way to fund the inspection or retrofitting of
168	residential property in this state. Implementation of this
169	program is subject to annual legislative appropriations. It is
170	the intent of the Legislature that the My Safe Florida Home
171	Program provide trained and certified inspectors to perform
172	inspections for owners of site-built, single-family, residential
173	properties and grants to eligible applicants as funding allows.
174	The program shall develop and implement a comprehensive and
175	coordinated approach for hurricane damage mitigation that may
176	include the following:
177	(1)  HURRICANE MITIGATION INSPECTIONS.-
178	(b)  To qualify for selection by the department as a wind
179	certification entity to provide hurricane mitigation
180	inspections, the entity shall, at a minimum, meet the following
181	requirements:
182	1.  Use hurricane mitigation inspectors who:
183	a.  Are certified as a building inspector under s. 468.607;
184	b.  Are licensed as a general or residential contractor
185	under s. 489.111;
186	c.  Are licensed as a professional engineer under s.
187	471.015 and who have passed the appropriate equivalency test of
188	the building code training program as required by s. 553.841;
189	d.  Are licensed as a professional architect under s.
190	481.213; or
191	e.  Have at least 2 years of experience in residential
192	construction or residential building inspection and have
193	received specialized training in hurricane mitigation
194	procedures. Such training may be provided by a class offered
195	online or in person.
196	2.  Use hurricane mitigation inspectors who also:
197	a.  Have undergone drug testing and a level 2 background
198	screening checks pursuant to s. 435.04. The department may
199	conduct criminal record checks of inspectors used by wind
200	certification entities. Inspectors must submit a set of the
201	fingerprints to the department for state and national criminal
202	history checks and must pay the fingerprint processing fee set
203	forth in s. 624.501. The fingerprints shall be sent by the
204	department to the Department of Law Enforcement and forwarded to
205	the Federal Bureau of Investigation for processing. The results
206	shall be returned to the department for screening. The
207	fingerprints shall be taken by a law enforcement agency,
208	designated examination center, or other department-approved
209	entity; and
210	b.  Have been certified, in a manner satisfactory to the
211	department, to conduct the inspections.
212	3.  Provide a quality assurance program including a
213	reinspection component.
214	Section 3.  Subsection (5) is added to section 393.0655,
215	Florida Statutes, to read:
216	393.0655  Screening of direct service providers.-
217	(5)  DISQUALIFYING OFFENSES.-The background screening
218	conducted under this section must ensure that, in addition to
219	the disqualifying offenses listed in s. 435.04, no person
220	subject to the provisions of this section has been found guilty
221	of, regardless of adjudication, or entered a plea of nolo
222	contendere or guilty to, any offense prohibited under any of the
223	following provisions of the Florida Statutes or under any
224	similar statute of another jurisdiction:
225	(a)  Any authorizing statutes, if the offense was a felony.
226	(b)  This chapter, if the offense was a felony.
227	(c)  Section 409.920, relating to Medicaid provider fraud.
228	(d)  Section 409.9201, relating to Medicaid fraud.
229	(e)  Section 817.034, relating to fraudulent acts through
230	mail, wire, radio, electromagnetic, photoelectronic, or
231	photooptical systems.
232	(f)  Section 817.234, relating to false and fraudulent
233	insurance claims.
234	(g)  Section 817.505, relating to patient brokering.
235	(h)  Section 817.568, relating to criminal use of personal
236	identification information.
237	(i)  Section 817.60, relating to obtaining a credit card
238	through fraudulent means.
239	(j)  Section 817.61, relating to fraudulent use of credit
240	cards, if the offense was a felony.
241	(k)  Section 831.01, relating to forgery.
242	(l)  Section 831.02, relating to uttering forged
243	instruments.
244	(m)  Section 831.07, relating to forging bank bills,
245	checks, drafts, or promissory notes.
246	(n)  Section 831.09, relating to uttering forged bank
247	bills, checks, drafts, or promissory notes.
248	Section 4.  Section 394.4572, Florida Statutes, is amended
249	to read:
250	394.4572  Screening of mental health personnel.-
251	(1)(a)  The department and the Agency for Health Care
252	Administration shall require level 2 background employment
253	screening pursuant to chapter 435 for mental health personnel
254	using the standards for level 2 screening set forth in chapter
255	435. "Mental health personnel" includes all program directors,
256	professional clinicians, staff members, and volunteers working
257	in public or private mental health programs and facilities who
258	have direct contact with individuals held for examination or
259	admitted for mental health treatment unmarried patients under
260	the age of 18 years. For purposes of this chapter, employment
261	screening of mental health personnel shall also include, but is
262	not limited to, employment screening as provided under chapter
263	435 and s. 408.809.
264	(b)  Students in the health care professions who are
265	interning in a mental health facility licensed under chapter
266	395, where the primary purpose of the facility is not the
267	treatment of minors, are exempt from the fingerprinting and
268	screening requirements, if provided they are under direct
269	supervision in the actual physical presence of a licensed health
270	care professional.
271	(c)  Mental health personnel working in a facility licensed
272	under chapter 395 who have less than 15 hours per week of direct
273	contact with patients or who are health care professionals
274	licensed by the Agency for Health Care Administration or a board
275	thereunder are exempt from the fingerprinting and screening
276	requirements, except for persons working in mental health
277	facilities where the primary purpose of the facility is the
278	treatment of minors.
279	(d)  A volunteer who assists on an intermittent basis for
280	less than 40 hours per month is exempt from the fingerprinting
281	and screening requirements, provided the volunteer is under
282	direct and constant supervision by persons who meet the
283	screening requirements of paragraph (a).
284	(2)  The department or the Agency for Health Care
285	Administration may grant exemptions from disqualification as
286	provided in chapter 435 s. 435.06.
287	(3)  Prospective mental health personnel who have
288	previously been fingerprinted or screened pursuant to this
289	chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
290	or teachers who have been fingerprinted pursuant to chapter
291	1012, who have not been unemployed for more than 90 days
292	thereafter, and who under the penalty of perjury attest to the
293	completion of such fingerprinting or screening and to compliance
294	with the provisions of this section and the standards for level
295	1 screening contained in chapter 435, shall not be required to
296	be refingerprinted or rescreened in order to comply with any
297	screening requirements of this part.
298	Section 5.  Section 400.215, Florida Statutes, is amended
299	to read:
300	400.215  Personnel screening requirement.-
301	(1)  The agency shall require level 2 background screening
302	for personnel as required in s. 408.809(1)(e) pursuant to as
303	provided in chapter 435 and s. 408.809. for all employees or
304	prospective employees of facilities licensed under this part who
305	are expected to, or whose responsibilities may require them to:
306	(a)  Provide personal care or services to residents;
307	(b)  Have access to resident living areas; or
308	(c)  Have access to resident funds or other personal
309	property.
310	(2)  Employers and employees shall comply with the
311	requirements of s. 435.05.
312	(a)  Notwithstanding the provisions of s. 435.05(1),
313	facilities must have in their possession evidence that level 1
314	screening has been completed before allowing an employee to
315	begin working with patients as provided in subsection (1). All
316	information necessary for conducting background screening using
317	level 1 standards as specified in s. 435.03 shall be submitted
318	by the nursing facility to the agency. Results of the background
319	screening shall be provided by the agency to the requesting
320	nursing facility.
321	(b)  Employees qualified under the provisions of paragraph
322	(a) who have not maintained continuous residency within the
323	state for the 5 years immediately preceding the date of request
324	for background screening must complete level 2 screening, as
325	provided in chapter 435. Such employees may work in a
326	conditional status up to 180 days pending the receipt of written
327	findings evidencing the completion of level 2 screening. Level 2
328	screening shall not be required of employees or prospective
329	employees who attest in writing under penalty of perjury that
330	they meet the residency requirement. Completion of level 2
331	screening shall require the employee or prospective employee to
332	furnish to the nursing facility a full set of fingerprints to
333	enable a criminal background investigation to be conducted. The
334	nursing facility shall submit the completed fingerprint card to
335	the agency. The agency shall establish a record of the request
336	in the database provided for in paragraph (c) and forward the
337	request to the Department of Law Enforcement, which is
338	authorized to submit the fingerprints to the Federal Bureau of
339	Investigation for a national criminal history records check. The
340	results of the national criminal history records check shall be
341	returned to the agency, which shall maintain the results in the
342	database provided for in paragraph (c). The agency shall notify
343	the administrator of the requesting nursing facility or the
344	administrator of any other facility licensed under chapter 393,
345	chapter 394, chapter 395, chapter 397, chapter 429, or this
346	chapter, as requested by such facility, as to whether or not the
347	employee has qualified under level 1 or level 2 screening. An
348	employee or prospective employee who has qualified under level 2
349	screening and has maintained such continuous residency within
350	the state shall not be required to complete a subsequent level 2
351	screening as a condition of employment at another facility.
352	(c)  The agency shall establish and maintain a database of
353	background screening information which shall include the results
354	of both level 1 and level 2 screening. The Department of Law
355	Enforcement shall timely provide to the agency, electronically,
356	the results of each statewide screening for incorporation into
357	the database. The agency shall, upon request from any facility,
358	agency, or program required by or authorized by law to screen
359	its employees or applicants, notify the administrator of the
360	facility, agency, or program of the qualifying or disqualifying
361	status of the employee or applicant named in the request.
362	(d)  Applicants and employees shall be excluded from
363	employment pursuant to s. 435.06.
364	(3)  The applicant is responsible for paying the fees
365	associated with obtaining the required screening. Payment for
366	the screening shall be submitted to the agency. The agency shall
367	establish a schedule of fees to cover the costs of level 1 and
368	level 2 screening. Facilities may reimburse employees for these
369	costs. The Department of Law Enforcement shall charge the agency
370	for a level 1 or level 2 screening a rate sufficient to cover
371	the costs of such screening pursuant to s. 943.053(3). The
372	agency shall, as allowable, reimburse nursing facilities for the
373	cost of conducting background screening as required by this
374	section. This reimbursement will not be subject to any rate
375	ceilings or payment targets in the Medicaid Reimbursement plan.
376	(4)(a)  As provided in s. 435.07, the agency may grant an
377	exemption from disqualification to an employee or prospective
378	employee who is subject to this section and who has not received
379	a professional license or certification from the Department of
380	Health.
381	(b)  As provided in s. 435.07, the appropriate regulatory
382	board within the Department of Health, or that department itself
383	when there is no board, may grant an exemption from
384	disqualification to an employee or prospective employee who is
385	subject to this section and who has received a professional
386	license or certification from the Department of Health or a
387	regulatory board within that department.
388	(5)  Any provision of law to the contrary notwithstanding,
389	persons who have been screened and qualified as required by this
390	section and who have not been unemployed for more than 180 days
391	thereafter, and who under penalty of perjury attest to not
392	having been convicted of a disqualifying offense since the
393	completion of such screening, shall not be required to be
394	rescreened. An employer may obtain, pursuant to s. 435.10,
395	written verification of qualifying screening results from the
396	previous employer or other entity which caused such screening to
397	be performed.
398	(6)  The agency and the Department of Health shall have
399	authority to adopt rules pursuant to the Administrative
400	Procedure Act to implement this section.
401	(7)  All employees shall comply with the requirements of
402	this section by October 1, 1998. No current employee of a
403	nursing facility as of the effective date of this act shall be
404	required to submit to rescreening if the nursing facility has in
405	its possession written evidence that the person has been
406	screened and qualified according to level 1 standards as
407	specified in s. 435.03(1). Any current employee who meets the
408	level 1 requirement but does not meet the 5-year residency
409	requirement as specified in this section must provide to the
410	employing nursing facility written attestation under penalty of
411	perjury that the employee has not been convicted of a
412	disqualifying offense in another state or jurisdiction. All
413	applicants hired on or after October 1, 1998, shall comply with
414	the requirements of this section.
415	(8)  There is no monetary or unemployment liability on the
416	part of, and no cause of action for damages arising against an
417	employer that, upon notice of a disqualifying offense listed
418	under chapter 435 or an act of domestic violence, terminates the
419	employee against whom the report was issued, whether or not the
420	employee has filed for an exemption with the Department of
421	Health or the Agency for Health Care Administration.
422	Section 6.  Subsection (9) of section 400.506, Florida
423	Statutes, is amended to read:
424	400.506  Licensure of nurse registries; requirements;
425	penalties.-
426	(9)  Each nurse registry must comply with the background
427	screening requirements procedures set forth in s. 400.512 for
428	maintaining records of the work history of all persons referred
429	for contract and is subject to the standards and conditions set
430	forth in that section. However, an initial screening may not be
431	required for persons who have been continuously registered with
432	the nurse registry since October 1, 2000.
433	Section 7.  Section 400.512, Florida Statutes, is amended
434	to read:
435	400.512  Screening of home health agency personnel; nurse
436	registry personnel; and companions and homemakers.-The agency
437	shall require level 2 background screening for personnel as
438	required in s. 408.809(1)(e) pursuant to chapter 435 and s.
439	408.809 employment or contractor screening as provided in
440	chapter 435, using the level 1 standards for screening set forth
441	in that chapter, for home health agency personnel; persons
442	referred for employment by nurse registries; and persons
443	employed by companion or homemaker services registered under s.
444	400.509.
445	(1)(a)  The Agency for Health Care Administration may, upon
446	request, grant exemptions from disqualification from employment
447	or contracting under this section as provided in s. 435.07,
448	except for health care practitioners licensed by the Department
449	of Health or a regulatory board within that department.
450	(b)  The appropriate regulatory board within the Department
451	of Health, or that department itself when there is no board,
452	may, upon request of the licensed health care practitioner,
453	grant exemptions from disqualification from employment or
454	contracting under this section as provided in s. 435.07.
455	(2)  The administrator of each home health agency, the
456	managing employee of each nurse registry, and the managing
457	employee of each companion or homemaker service registered under
458	s. 400.509 must sign an affidavit annually, under penalty of
459	perjury, stating that all personnel hired or contracted with or
460	registered on or after October 1, 2000, who enter the home of a
461	patient or client in their service capacity have been screened.
462	(3)  As a prerequisite to operating as a home health
463	agency, nurse registry, or companion or homemaker service under
464	s. 400.509, the administrator or managing employee,
465	respectively, must submit to the agency his or her name and any
466	other information necessary to conduct a complete screening
467	according to this section. The agency shall submit the
468	information to the Department of Law Enforcement for state
469	processing. The agency shall review the record of the
470	administrator or manager with respect to the offenses specified
471	in this section and shall notify the owner of its findings. If
472	disposition information is missing on a criminal record, the
473	administrator or manager, upon request of the agency, must
474	obtain and supply within 30 days the missing disposition
475	information to the agency. Failure to supply missing information
476	within 30 days or to show reasonable efforts to obtain such
477	information will result in automatic disqualification.
478	(4)  Proof of compliance with the screening requirements of
479	chapter 435 shall be accepted in lieu of the requirements of
480	this section if the person has been continuously employed or
481	registered without a breach in service that exceeds 180 days,
482	the proof of compliance is not more than 2 years old, and the
483	person has been screened by the Department of Law Enforcement. A
484	home health agency, nurse registry, or companion or homemaker
485	service registered under s. 400.509 shall directly provide proof
486	of compliance to another home health agency, nurse registry, or
487	companion or homemaker service registered under s. 400.509. The
488	recipient home health agency, nurse registry, or companion or
489	homemaker service registered under s. 400.509 may not accept any
490	proof of compliance directly from the person who requires
491	screening. Proof of compliance with the screening requirements
492	of this section shall be provided upon request to the person
493	screened by the home health agencies; nurse registries; or
494	companion or homemaker services registered under s. 400.509.
495	(5)  There is no monetary liability on the part of, and no
496	cause of action for damages arises against, a licensed home
497	health agency, licensed nurse registry, or companion or
498	homemaker service registered under s. 400.509, that, upon notice
499	that the employee or contractor has been found guilty of,
500	regardless of adjudication, or entered a plea of nolo contendere
501	or guilty to, any offense prohibited under s. 435.03 or under
502	any similar statute of another jurisdiction, terminates the
503	employee or contractor, whether or not the employee or
504	contractor has filed for an exemption with the agency in
505	accordance with chapter 435 and whether or not the time for
506	filing has expired.
507	(6)  The costs of processing the statewide correspondence
508	criminal records checks must be borne by the home health agency;
509	the nurse registry; or the companion or homemaker service
510	registered under s. 400.509, or by the person being screened, at
511	the discretion of the home health agency, nurse registry, or s.
512	400.509 registrant.
513	Section 8.  Section 400.6065, Florida Statutes, is amended
514	to read:
515	400.6065  Background screening.-The agency shall require
516	level 2 background employment or contractor screening for
517	personnel as required in s. 408.809(1)(e) pursuant to chapter
518	435 and s. 408.809 as provided in chapter 435, using the level 1
519	standards for screening set forth in that chapter, for hospice
520	personnel.
521	Section 9.  Subsection (2) of section 400.801, Florida
522	Statutes, is amended to read:
523	400.801  Homes for special services.-
524	(2)(a)  The requirements of part II of chapter 408 apply to
525	the provision of services that require licensure pursuant to
526	this section and part II of chapter 408 and entities licensed by
527	or applying for such licensure from the agency pursuant to this
528	section. A license issued by the agency is required in order to
529	operate a home for special services in this state.
530	(b)  The agency shall require level 2 background screening
531	for personnel as required in s. 408.809(1)(e) pursuant to
532	chapter 435 and s. 408.809.
533	Section 10.  Paragraph (d) is added to subsection (2) of
534	section 400.805, Florida Statutes, to read:
535	400.805  Transitional living facilities.-
536	(2)
537	(d)  The agency shall require level 2 background screening
538	for personnel as required in s. 408.809(1)(e) pursuant to
539	chapter 435 and s. 408.809.
540	Section 11.  Section 400.9065, Florida Statutes, is created
541	to read:
542	400.9065  Background screening.-The agency shall require
543	level 2 background screening for personnel as required in s.
544	408.809(1)(e) pursuant to chapter 435 and s. 408.809.
545	Section 12.  Subsection (16) of section 400.934, Florida
546	Statutes, is amended to read:
547	400.934  Minimum standards.-As a requirement of licensure,
548	home medical equipment providers shall:
549	(16)  Establish procedures for maintaining a record of the
550	employment history, including background screening as required
551	by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
552	medical equipment provider personnel. A home medical equipment
553	provider must require its personnel to submit an employment
554	history to the home medical equipment provider and must verify
555	the employment history for at least the previous 5 years, unless
556	through diligent efforts such verification is not possible.
557	There is no monetary liability on the part of, and no cause of
558	action for damages arising against a former employer, a
559	prospective employee, or a prospective independent contractor
560	with a licensed home medical equipment provider, who reasonably
561	and in good faith communicates his or her honest opinions about
562	a former employee's job performance. This subsection does not
563	affect the official immunity of an officer or employee of a
564	public corporation.
565	Section 13.  Section 400.953, Florida Statutes, is amended
566	to read:
567	400.953  Background screening of home medical equipment
568	provider personnel.-The agency shall require level 2 background
569	screening for personnel as required in s. 408.809(1)(e) pursuant
570	to chapter 435 and s. 408.809 employment screening as provided
571	in chapter 435, using the level 1 standards for screening set
572	forth in that chapter, for home medical equipment provider
573	personnel.
574	(1)  The agency may grant exemptions from disqualification
575	from employment under this section as provided in s. 435.07.
576	(2)  The general manager of each home medical equipment
577	provider must sign an affidavit annually, under penalty of
578	perjury, stating that all home medical equipment provider
579	personnel hired on or after July 1, 1999, who enter the home of
580	a patient in the capacity of their employment have been screened
581	and that its remaining personnel have worked for the home
582	medical equipment provider continuously since before July 1,
583	1999.
584	(3)  Proof of compliance with the screening requirements of
585	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
586	s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
587	must be accepted in lieu of the requirements of this section if
588	the person has been continuously employed in the same type of
589	occupation for which he or she is seeking employment without a
590	breach in service that exceeds 180 days, the proof of compliance
591	is not more than 2 years old, and the person has been screened
592	by the Department of Law Enforcement. An employer or contractor
593	shall directly provide proof of compliance to another employer
594	or contractor, and a potential employer or contractor may not
595	accept any proof of compliance directly from the person
596	requiring screening. Proof of compliance with the screening
597	requirements of this section shall be provided, upon request, to
598	the person screened by the home medical equipment provider.
599	(4)  There is no monetary liability on the part of, and no
600	cause of action for damages arising against, a licensed home
601	medical equipment provider that, upon notice that an employee
602	has been found guilty of, regardless of adjudication, or entered
603	a plea of nolo contendere or guilty to, any offense prohibited
604	under s. 435.03 or under any similar statute of another
605	jurisdiction, terminates the employee, whether or not the
606	employee has filed for an exemption with the agency and whether
607	or not the time for filing has expired.
608	(5)  The costs of processing the statewide correspondence
609	criminal records checks must be borne by the home medical
610	equipment provider or by the person being screened, at the
611	discretion of the home medical equipment provider.
612	(6)  Neither the agency nor the home medical equipment
613	provider may use the criminal records or juvenile records of a
614	person for any purpose other than determining whether that
615	person meets minimum standards of good moral character for home
616	medical equipment provider personnel.
617	(7)(a)  It is a misdemeanor of the first degree, punishable
618	as provided in s. 775.082 or s. 775.083, for any person
619	willfully, knowingly, or intentionally to:
620	1.  Fail, by false statement, misrepresentation,
621	impersonation, or other fraudulent means, to disclose in any
622	application for paid employment a material fact used in making a
623	determination as to the person's qualifications to be an
624	employee under this section;
625	2.  Operate or attempt to operate an entity licensed under
626	this part with persons who do not meet the minimum standards for
627	good moral character as contained in this section; or
628	3.  Use information from the criminal records obtained
629	under this section for any purpose other than screening that
630	person for employment as specified in this section, or release
631	such information to any other person for any purpose other than
632	screening for employment under this section.
633	(b)  It is a felony of the third degree, punishable as
634	provided in s. 775.082, s. 775.083, or s. 775.084, for any
635	person willfully, knowingly, or intentionally to use information
636	from the juvenile records of a person obtained under this
637	section for any purpose other than screening for employment
638	under this section.
639	Section 14.  Section 400.955, Florida Statutes, is
640	repealed.
641	Section 15.  Section 400.964, Florida Statutes, is amended
642	to read:
643	400.964  Personnel screening requirement.-
644	(1)  The agency shall require level 2 background screening
645	for personnel as required in s. 408.809(1)(e) pursuant to
646	chapter 435 and s. 408.809 as provided in chapter 435 for all
647	employees or prospective employees of facilities licensed under
648	this part who are expected to be, or whose responsibilities are
649	such that they would be considered to be, a direct service
650	provider.
651	(2)  Employers and employees shall comply with the
652	requirements of chapter 435.
653	(3)  Applicants and employees shall be excluded from
654	employment pursuant to s. 435.06.
655	(4)  The applicant is responsible for paying the fees
656	associated with obtaining the required screening. Payment for
657	the screening must be submitted to the agency as prescribed by
658	the agency.
659	(5)  Notwithstanding any other provision of law, persons
660	who have been screened and qualified as required by this section
661	and who have not been unemployed for more than 180 days
662	thereafter, and who under penalty of perjury attest to not
663	having been convicted of a disqualifying offense since the
664	completion of such screening are not required to be rescreened.
665	An employer may obtain, pursuant to s. 435.10, written
666	verification of qualifying screening results from the previous
667	employer or other entity that caused such screening to be
668	performed.
669	(6)  The agency may adopt rules to administer this section.
670	(7)  All employees must comply with the requirements of
671	this section by October 1, 2000. A person employed by a facility
672	licensed pursuant to this part as of the effective date of this
673	act is not required to submit to rescreening if the facility has
674	in its possession written evidence that the person has been
675	screened and qualified according to level 1 standards as
676	specified in s. 435.03. Any current employee who meets the level
677	1 requirement but does not meet the 5-year residency requirement
678	must provide to the employing facility written attestation under
679	penalty of perjury that the employee has not been convicted of a
680	disqualifying offense in another state or jurisdiction. All
681	applicants hired on or after October 1, 1999, must comply with
682	the requirements of this section.
683	(8)  There is no monetary or unemployment liability on the
684	part of, and no cause of action for damages arises against an
685	employer that, upon notice of a disqualifying offense listed
686	under chapter 435 or an act of domestic violence, terminates the
687	employee, whether or not the employee has filed for an exemption
688	with the Department of Health or the Agency for Health Care
689	Administration.
690	Section 16.  Subsection (3) of section 400.980, Florida
691	Statutes, is amended to read:
692	400.980  Health care services pools.-
693	(3)  Upon receipt of a completed, signed, and dated
694	application, The agency shall require level 2 background
695	screening for personnel as required in s. 408.809(1)(e) pursuant
696	to chapter 435 and s. 408.809, in accordance with the level 1
697	standards for screening set forth in chapter 435, of every
698	individual who will have contact with patients.
699	Section 17.  Subsection (5) of section 400.991, Florida
700	Statutes, is amended to read:
701	400.991  License requirements; background screenings;
702	prohibitions.-
703	(5)  Each applicant for licensure shall comply with the
704	following requirements:
705	(a)  As used in this subsection, the term "applicant" means
706	individuals owning or controlling, directly or indirectly, 5
707	percent or more of an interest in a clinic; the medical or
708	clinic director, or a similarly titled person who is responsible
709	for the day-to-day operation of the licensed clinic; the
710	financial officer or similarly titled individual who is
711	responsible for the financial operation of the clinic; and
712	licensed health care practitioners at the clinic.
713	(b)  Upon receipt of a completed, signed, and dated
714	application, The agency shall require level 2 background
715	screening for applicants and personnel as required in s.
716	408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
717	applicant, in accordance with the level 2 standards for
718	screening set forth in chapter 435. Proof of compliance with the
719	level 2 background screening requirements of chapter 435 which
720	has been submitted within the previous 5 years in compliance
721	with any other health care licensure requirements of this state
722	is acceptable in fulfillment of this paragraph. Applicants who
723	own less than 10 percent of a health care clinic are not
724	required to submit fingerprints under this section.
725	(c)  Each applicant must submit to the agency, with the
726	application, a description and explanation of any exclusions,
727	permanent suspensions, or terminations of an applicant from the
728	Medicare or Medicaid programs. Proof of compliance with the
729	requirements for disclosure of ownership and control interest
730	under the Medicaid or Medicare programs may be accepted in lieu
731	of this submission. The description and explanation may indicate
732	whether such exclusions, suspensions, or terminations were
733	voluntary or not voluntary on the part of the applicant.
734	(d)  A license may not be granted to a clinic if the
735	applicant has been found guilty of, regardless of adjudication,
736	or has entered a plea of nolo contendere or guilty to, any
737	offense prohibited under the level 2 standards for screening set
738	forth in chapter 435, or a violation of insurance fraud under s.
739	817.234, within the past 5 years. If the applicant has been
740	convicted of an offense prohibited under the level 2 standards
741	or insurance fraud in any jurisdiction, the applicant must show
742	that his or her civil rights have been restored prior to
743	submitting an application.
744	Section 18.  Paragraph (h) is added to subsection (1) of
745	section 408.806, Florida Statutes, to read:
746	408.806  License application process.-
747	(1)  An application for licensure must be made to the
748	agency on forms furnished by the agency, submitted under oath,
749	and accompanied by the appropriate fee in order to be accepted
750	and considered timely. The application must contain information
751	required by authorizing statutes and applicable rules and must
752	include:
753	(h)  An affidavit, under penalty of perjury, stating that
754	all persons subject to background screening as required by this
755	part, authorizing statutes, and applicable rules have been
756	screened and are qualified.
757	Section 19.  Subsection (2) of section 408.808, Florida
758	Statutes, is amended to read:
759	408.808  License categories.-
760	(2)  PROVISIONAL LICENSE.-A provisional license may be
761	issued to an applicant pursuant to s. 408.809(3). An applicant
762	against whom a proceeding denying or revoking a license is
763	pending at the time of license renewal may be issued a
764	provisional license effective until final action not subject to
765	further appeal. A provisional license may also be issued to an
766	applicant applying for a change of ownership. A provisional
767	license shall be limited in duration to a specific period of
768	time, not to exceed 12 months, as determined by the agency.
769	Section 20.  Section 408.809, Florida Statutes, is amended
770	to read:
771	408.809  Background screening; prohibited offenses.-
772	(1)  Level 2 background screening pursuant to chapter 435
773	must be conducted through the agency on each of the following
774	persons, who shall be considered an employee for the purposes of
775	conducting screening under chapter 435:
776	(a)  The licensee, if an individual.
777	(b)  The administrator or a similarly titled person who is
778	responsible for the day-to-day operation of the provider.
779	(c)  The financial officer or similarly titled individual
780	who is responsible for the financial operation of the licensee
781	or provider.
782	(d)  Any person who is a controlling interest if the agency
783	has reason to believe that such person has been convicted of any
784	offense prohibited by s. 435.04. For each controlling interest
785	who has been convicted of any such offense, the licensee shall
786	submit to the agency a description and explanation of the
787	conviction at the time of license application.
788	(e)  Any person, as required by authorizing statutes,
789	seeking employment with a licensee or provider who is expected
790	to, or whose responsibilities may require him or her to, provide
791	personal care or services directly to clients; and any person,
792	as required by authorizing statutes, contracting with a licensee
793	or provider whose responsibilities require him or her to provide
794	personal care or services directly to clients. Evidence of
795	contractor screening may be retained by the contractor's
796	employer or the licensee. A person who is employed by or
797	contracts with a licensee on or before June 30, 2010, is not
798	required to submit to rescreening until such time as he or she
799	is otherwise required to be rescreened pursuant to law if that
800	licensee has in its possession written evidence that the person
801	has been screened and qualified according to standards specified
802	in s. 435.03 or s. 435.04.
803	(2)  Every 5 years following his or her licensure,
804	employment, or entry into a contract in a capacity that under
805	subsection (1) would require level 2 background screening under
806	chapter 435, each such person must submit to level 2 background
807	rescreening as a condition of retaining such license or
808	continuing in such employment or contractual status. For any
809	such rescreening, the agency shall request the Department of Law
810	Enforcement to forward the person's fingerprints to the Federal
811	Bureau of Investigation for a national criminal history record
812	check. If the fingerprints of such a person are not retained by
813	the Department of Law Enforcement under s. 943.05(2)(g), the
814	person must file a complete set of fingerprints with the agency.
815	Upon the submission of fingerprints for this purpose, the agency
816	shall request the Department of Law Enforcement to forward the
817	fingerprints to the Federal Bureau of Investigation for a
818	national criminal history record check, and the fingerprints may
819	be retained by the Department of Law Enforcement under s.
820	943.05(2)(g). The cost of the state and national criminal
821	history records checks required by level 2 screening may be
822	borne by the licensee or the person fingerprinted. Proof of
823	compliance with level 2 screening standards submitted within the
824	previous 5 years to meet any provider or professional licensure
825	requirements of the agency, the Department of Health, the Agency
826	for Persons with Disabilities, or the Department of Children and
827	Family Services, or the Department of Financial Services for an
828	applicant for a certificate of authority to operate a continuing
829	care retirement community under chapter 651 satisfies the
830	requirements of this section, provided that such proof is
831	accompanied, under penalty of perjury, by an affidavit of
832	compliance with the provisions of chapter 435 and this section
833	using forms provided by the agency. Proof of compliance with the
834	background screening requirements of the Department of Financial
835	Services submitted within the previous 5 years for an applicant
836	for a certificate of authority to operate a continuing care
837	retirement community under chapter 651 satisfies the Department
838	of Law Enforcement and Federal Bureau of Investigation portions
839	of a level 2 background check.
840	(3)  All fingerprints must be provided in electronic
841	format. Screening results shall be reviewed by the agency with
842	respect to the offenses specified in s. 435.04 and this section
843	and maintained in a database. The qualifying or disqualifying
844	status of the person named in the request shall be posted on a
845	secure website accessible to all licensees. A provisional
846	license may be granted to an applicant when each individual
847	required by this section to undergo background screening has met
848	the standards for the Department of Law Enforcement background
849	check but the agency has not yet received background screening
850	results from the Federal Bureau of Investigation. A standard
851	license may be granted to the licensee upon the agency's receipt
852	of a report of the results of the Federal Bureau of
853	Investigation background screening for each individual required
854	by this section to undergo background screening that confirms
855	that all standards have been met or upon the granting of an
856	exemption from disqualification by the agency as set forth in
857	chapter 435.
858	(4)  When a person is newly employed in a capacity that
859	requires screening under this section, the licensee must notify
860	the agency of the change within the time period specified in the
861	authorizing statute or rules and must submit to the agency
862	information necessary to conduct level 2 screening or provide
863	evidence of compliance with background screening requirements of
864	this section. The person may serve in his or her capacity
865	pending the agency's receipt of the report from the Federal
866	Bureau of Investigation if he or she has met the standards for
867	the Department of Law Enforcement background check. However, the
868	person may not continue to serve in his or her capacity if the
869	report indicates any violation of background screening standards
870	unless an exemption from disqualification has been granted by
871	the agency as set forth in chapter 435.
872	(4)(5)  Effective October 1, 2009, In addition to the
873	offenses listed in ss. 435.03 and 435.04, all persons required
874	to undergo background screening pursuant to this part or
875	authorizing statutes must not have been found guilty of,
876	regardless of adjudication, or entered a plea of nolo contendere
877	or guilty to, any of the following offenses or any similar
878	offense of another jurisdiction:
879	(a)  Any authorizing statutes, if the offense was a felony.
880	(b)  This chapter, if the offense was a felony.
881	(c)  Section 409.920, relating to Medicaid provider fraud,
882	if the offense was a felony.
883	(d)  Section 409.9201, relating to Medicaid fraud, if the
884	offense was a felony.
885	(e)  Section 741.28, relating to domestic violence.
886	(f)  Chapter 784, relating to assault, battery, and
887	culpable negligence, if the offense was a felony.
888	(g)  Section 810.02, relating to burglary.
889	(f)(h)  Section 817.034, relating to fraudulent acts
890	through mail, wire, radio, electromagnetic, photoelectronic, or
891	photooptical systems.
892	(g)(i)  Section 817.234, relating to false and fraudulent
893	insurance claims.
894	(h)(j)  Section 817.505, relating to patient brokering.
895	(i)(k)  Section 817.568, relating to criminal use of
896	personal identification information.
897	(j)(l)  Section 817.60, relating to obtaining a credit card
898	through fraudulent means.
899	(k)(m)  Section 817.61, relating to fraudulent use of
900	credit cards, if the offense was a felony.
901	(l)(n)  Section 831.01, relating to forgery.
902	(m)(o)  Section 831.02, relating to uttering forged
903	instruments.
904	(n)(p)  Section 831.07, relating to forging bank bills,
905	checks, drafts, or promissory notes.
906	(o)(q)  Section 831.09, relating to uttering forged bank
907	bills, checks, drafts, or promissory notes.
908	(p)(r)  Section 831.30, relating to fraud in obtaining
909	medicinal drugs.
910	(q)(s)  Section 831.31, relating to the sale, manufacture,
911	delivery, or possession with the intent to sell, manufacture, or
912	deliver any counterfeit controlled substance, if the offense was
913	a felony.
914
915	A person who serves as a controlling interest of or is employed
916	by a licensee on September 30, 2009, is not required by law to
917	submit to rescreening if that licensee has in its possession
918	written evidence that the person has been screened and qualified
919	according to the standards specified in s. 435.03 or s. 435.04.
920	However, if such person has a disqualifying offense listed in
921	this section, he or she may apply for an exemption from the
922	appropriate licensing agency before September 30, 2009, and if
923	agreed to by the employer, may continue to perform his or her
924	duties until the licensing agency renders a decision on the
925	application for exemption for offenses listed in this section.
926	Exemptions from disqualification may be granted pursuant to s.
927	435.07.
928	(5)(6)  The costs associated with obtaining the required
929	screening must be borne either by the licensee or the person
930	subject to screening. Licensees may reimburse persons for these
931	costs. The Department of Law Enforcement shall charge the agency
932	for screening pursuant to s. 943.053(3). The agency shall
933	establish a schedule of fees to cover the costs of screening The
934	attestations required under ss. 435.04(5) and 435.05(3) must be
935	submitted at the time of license renewal, notwithstanding the
936	provisions of ss. 435.04(5) and 435.05(3) which require annual
937	submission of an affidavit of compliance with background
938	screening requirements.
939	(6)(a)  As provided in chapter 435, the agency may grant an
940	exemption from disqualification to a person who is subject to
941	this section and who has not received a professional license or
942	certification from the Department of Health if that person is
943	providing a service that is within the scope of his or her
944	licensed or certified practice.
945	(b)  As provided in chapter 435, the appropriate regulatory
946	board within the Department of Health, or the department itself
947	when there is no board, may grant an exemption from
948	disqualification to a person who is subject to this section and
949	who has received a professional license or certification from
950	the Department of Health or a regulatory board within that
951	department and that person is providing a service within the
952	scope of his or her licensed or certified practice.
953	(7)  The agency and the Department of Health may adopt
954	rules pursuant to ss. 120.536(1) and 120.54 to implement this
955	section, chapter 435, and authorizing statutes requiring
956	background screening and to implement and adopt criteria
957	relating to retaining fingerprints pursuant to s. 943.05(2).
958	(8)  There is no unemployment compensation or other
959	monetary liability on the part of, and no cause of action for
960	damages arising against, an employer that, upon notice of a
961	disqualifying offense listed under chapter 435 or this section,
962	terminates the person against whom the report was issued,
963	whether or not that person has filed for an exemption with the
964	Department of Health or the agency.
965	Section 21.  Paragraph (k) of subsection (2) of section
966	409.175, Florida Statutes, is amended to read:
967	409.175  Licensure of family foster homes, residential
968	child-caring agencies, and child-placing agencies; public
969	records exemption.-
970	(2)  As used in this section, the term:
971	(k)  "Screening" means the act of assessing the background
972	of personnel and includes, but is not limited to, employment
973	history checks as provided in chapter 435, using the level 2
974	standards for screening set forth in that chapter. Screening for
975	employees and volunteers in summer day camps and summer 24-hour
976	camps and screening for all volunteers included under the
977	definition of "personnel" shall be conducted as provided in
978	chapter 435, using the level 2 level 1 standards set forth in
979	that chapter.
980	Section 22.  Paragraph (i) of subsection (4) of section
981	409.221, Florida Statutes, is amended to read:
982	409.221  Consumer-directed care program.-
983	(4)  CONSUMER-DIRECTED CARE.-
984	(i)  Background screening requirements.-All persons who
985	render care under this section must undergo level 2 background
986	screening pursuant to chapter 435 shall comply with the
987	requirements of s. 435.05. Persons shall be excluded from
988	employment pursuant to s. 435.06.
989	1.  Persons excluded from employment may request an
990	exemption from disqualification, as provided in s. 435.07.
991	Persons not subject to certification or professional licensure
992	may request an exemption from the agency. In considering a
993	request for an exemption, the agency shall comply with the
994	provisions of s. 435.07.
995	2.  The agency shall, as allowable, reimburse consumer-
996	employed caregivers for the cost of conducting background
997	screening as required by this section.
998
999	For purposes of this section, a person who has undergone
1000	screening, who is qualified for employment under this section
1001	and applicable rule, and who has not been unemployed for more
1002	than 90 180 days following such screening is not required to be
1003	rescreened. Such person must attest under penalty of perjury to
1004	not having been convicted of a disqualifying offense since
1005	completing such screening.
1006	Section 23.  Subsection (8) of section 409.907, Florida
1007	Statutes, is amended to read:
1008	409.907  Medicaid provider agreements.-The agency may make
1009	payments for medical assistance and related services rendered to
1010	Medicaid recipients only to an individual or entity who has a
1011	provider agreement in effect with the agency, who is performing
1012	services or supplying goods in accordance with federal, state,
1013	and local law, and who agrees that no person shall, on the
1014	grounds of handicap, race, color, or national origin, or for any
1015	other reason, be subjected to discrimination under any program
1016	or activity for which the provider receives payment from the
1017	agency.
1018	(8)(a)  Each provider, or each principal of the provider if
1019	the provider is a corporation, partnership, association, or
1020	other entity, seeking to participate in the Medicaid program
1021	must submit a complete set of his or her fingerprints to the
1022	agency for the purpose of conducting a criminal history record
1023	check. Principals of the provider include any officer, director,
1024	billing agent, managing employee, or affiliated person, or any
1025	partner or shareholder who has an ownership interest equal to 5
1026	percent or more in the provider. However, a director of a not-
1027	for-profit corporation or organization is not a principal for
1028	purposes of a background investigation as required by this
1029	section if the director: serves solely in a voluntary capacity
1030	for the corporation or organization, does not regularly take
1031	part in the day-to-day operational decisions of the corporation
1032	or organization, receives no remuneration from the not-for-
1033	profit corporation or organization for his or her service on the
1034	board of directors, has no financial interest in the not-for-
1035	profit corporation or organization, and has no family members
1036	with a financial interest in the not-for-profit corporation or
1037	organization; and if the director submits an affidavit, under
1038	penalty of perjury, to this effect to the agency and the not-
1039	for-profit corporation or organization submits an affidavit,
1040	under penalty of perjury, to this effect to the agency as part
1041	of the corporation's or organization's Medicaid provider
1042	agreement application. Notwithstanding the above, the agency may
1043	require a background check for any person reasonably suspected
1044	by the agency to have been convicted of a crime. This subsection
1045	shall not apply to:
1046	1.  A hospital licensed under chapter 395;
1047	2.  A nursing home licensed under chapter 400;
1048	3.  A hospice licensed under chapter 400;
1049	4.  An assisted living facility licensed under chapter 429;
1050	5.  A unit of local government, except that requirements of
1051	this subsection apply to nongovernmental providers and entities
1052	when contracting with the local government to provide Medicaid
1053	services. The actual cost of the state and national criminal
1054	history record checks must be borne by the nongovernmental
1055	provider or entity; or
1056	6.  Any business that derives more than 50 percent of its
1057	revenue from the sale of goods to the final consumer, and the
1058	business or its controlling parent either is required to file a
1059	form 10-K or other similar statement with the Securities and
1060	Exchange Commission or has a net worth of $50 million or more.
1061	(b)  Background screening shall be conducted in accordance
1062	with chapter 435 and s. 408.809 The agency shall submit the
1063	fingerprints to the Department of Law Enforcement. The
1064	department shall conduct a state criminal-background
1065	investigation and forward the fingerprints to the Federal Bureau
1066	of Investigation for a national criminal-history record check.
1067	The cost of the state and national criminal record check shall
1068	be borne by the provider.
1069	(c)  The agency may permit a provider to participate in the
1070	Medicaid program pending the results of the criminal record
1071	check. However, such permission is fully revocable if the record
1072	check reveals any crime-related history as provided in
1073	subsection (10).
1074	(d)  Proof of compliance with the requirements of level 2
1075	screening under chapter 435 s. 435.04 conducted within 12 months
1076	prior to the date that the Medicaid provider application is
1077	submitted to the agency shall fulfill the requirements of this
1078	subsection. Proof of compliance with the requirements of level 1
1079	screening under s. 435.03 conducted within 12 months prior to
1080	the date that the Medicaid provider application is submitted to
1081	the agency shall meet the requirement that the Department of Law
1082	Enforcement conduct a state criminal history record check.
1083	Section 24.  Subsection (1) of section 429.14, Florida
1084	Statutes, is amended to read:
1085	429.14  Administrative penalties.-
1086	(1)  In addition to the requirements of part II of chapter
1087	408, the agency may deny, revoke, and suspend any license issued
1088	under this part and impose an administrative fine in the manner
1089	provided in chapter 120 against a licensee of an assisted living
1090	facility for a violation of any provision of this part, part II
1091	of chapter 408, or applicable rules, or for any of the following
1092	actions by a licensee of an assisted living facility, for the
1093	actions of any person subject to level 2 background screening
1094	under s. 408.809, or for the actions of any facility employee:
1095	(a)  An intentional or negligent act seriously affecting
1096	the health, safety, or welfare of a resident of the facility.
1097	(b)  The determination by the agency that the owner lacks
1098	the financial ability to provide continuing adequate care to
1099	residents.
1100	(c)  Misappropriation or conversion of the property of a
1101	resident of the facility.
1102	(d)  Failure to follow the criteria and procedures provided
1103	under part I of chapter 394 relating to the transportation,
1104	voluntary admission, and involuntary examination of a facility
1105	resident.
1106	(e)  A citation of any of the following deficiencies as
1107	specified in s. 429.19:
1108	1.  One or more cited class I deficiencies.
1109	2.  Three or more cited class II deficiencies.
1110	3.  Five or more cited class III deficiencies that have
1111	been cited on a single survey and have not been corrected within
1112	the times specified.
1113	(f)  Failure to comply with the A determination that a
1114	person subject to level 2 background screening under s. 408.809
1115	does not meet the screening standards of this part, s.
1116	408.809(1), chapter 435 s. 435.04 or that the facility is
1117	retaining an employee subject to level 1 background screening
1118	standards under s. 429.174 who does not meet the screening
1119	standards of s. 435.03 and for whom exemptions from
1120	disqualification have not been provided by the agency.
1121	(g)  A determination that an employee, volunteer,
1122	administrator, or owner, or person who otherwise has access to
1123	the residents of a facility does not meet the criteria specified
1124	in s. 435.03(2), and the owner or administrator has not taken
1125	action to remove the person. Exemptions from disqualification
1126	may be granted as set forth in s. 435.07. No administrative
1127	action may be taken against the facility if the person is
1128	granted an exemption.
1129	(h)  Violation of a moratorium.
1130	(h)(i)  Failure of the license applicant, the licensee
1131	during relicensure, or a licensee that holds a provisional
1132	license to meet the minimum license requirements of this part,
1133	or related rules, at the time of license application or renewal.
1134	(i)(j)  An intentional or negligent life-threatening act in
1135	violation of the uniform firesafety standards for assisted
1136	living facilities or other firesafety standards that threatens
1137	the health, safety, or welfare of a resident of a facility, as
1138	communicated to the agency by the local authority having
1139	jurisdiction or the State Fire Marshal.
1140	(j)(k)  Knowingly operating any unlicensed facility or
1141	providing without a license any service that must be licensed
1142	under this chapter or chapter 400.
1143	(k)(l)  Any act constituting a ground upon which
1144	application for a license may be denied.
1145	Section 25.  Section 429.174, Florida Statutes, is amended
1146	to read:
1147	429.174  Background screening; exemptions.-The agency shall
1148	require level 2 background screening for personnel as required
1149	in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1150	owner or administrator of an assisted living facility must
1151	conduct level 1 background screening, as set forth in chapter
1152	435, on all employees hired on or after October 1, 1998, who
1153	perform personal services as defined in s. 429.02(16). The
1154	agency may exempt an individual from employment disqualification
1155	as set forth in chapter 435. Such persons shall be considered as
1156	having met this requirement if:
1157	(1)  Proof of compliance with level 1 screening
1158	requirements obtained to meet any professional license
1159	requirements in this state is provided and accompanied, under
1160	penalty of perjury, by a copy of the person's current
1161	professional license and an affidavit of current compliance with
1162	the background screening requirements.
1163	(2)  The person required to be screened has been
1164	continuously employed in the same type of occupation for which
1165	the person is seeking employment without a breach in service
1166	which exceeds 180 days, and proof of compliance with the level 1
1167	screening requirement which is no more than 2 years old is
1168	provided. Proof of compliance shall be provided directly from
1169	one employer or contractor to another, and not from the person
1170	screened. Upon request, a copy of screening results shall be
1171	provided by the employer retaining documentation of the
1172	screening to the person screened.
1173	(3)  The person required to be screened is employed by a
1174	corporation or business entity or related corporation or
1175	business entity that owns, operates, or manages more than one
1176	facility or agency licensed under this chapter, and for whom a
1177	level 1 screening was conducted by the corporation or business
1178	entity as a condition of initial or continued employment.
1179	Section 26.  Subsection (4) of section 429.67, Florida
1180	Statutes, is amended to read:
1181	429.67  Licensure.-
1182	(4)  Upon receipt of a completed license application or
1183	license renewal, and the fee, The agency shall require level 2
1184	initiate a level 1 background screening for personnel as
1185	required in s. 408.809(1)(e), including as provided under
1186	chapter 435 on the adult family-care home provider, the
1187	designated relief person, and all adult household members,
1188	pursuant to chapter 435 and s. 408.809, and all staff members.
1189	(a)  Proof of compliance with level 1 screening standards
1190	which has been submitted within the previous 5 years to meet any
1191	facility or professional licensure requirements of the agency or
1192	the Department of Health satisfies the requirements of this
1193	subsection. Such proof must be accompanied, under penalty of
1194	perjury, by a copy of the person's current professional license
1195	and an affidavit of current compliance with the background
1196	screening requirements.
1197	(b)  The person required to be screened must have been
1198	continuously employed in the same type of occupation for which
1199	the person is seeking employment without a breach in service
1200	that exceeds 180 days, and proof of compliance with the level 1
1201	screening requirement which is no more than 2 years old must be
1202	provided. Proof of compliance shall be provided directly from
1203	one employer or contractor to another, and not from the person
1204	screened. Upon request, a copy of screening results shall be
1205	provided to the person screened by the employer retaining
1206	documentation of the screening.
1207	Section 27.  Section 429.69, Florida Statutes, is amended
1208	to read:
1209	429.69  Denial, revocation, and suspension of a license.-In
1210	addition to the requirements of part II of chapter 408, the
1211	agency may deny, suspend, and revoke a license for any of the
1212	following reasons:
1213	(1)  Failure to comply with the of any of the persons
1214	required to undergo background screening standards of this part,
1215	s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
1216	1 screening standards of s. 435.03, unless an exemption from
1217	disqualification has been provided by the agency.
1218	(2)  Failure to correct cited fire code violations that
1219	threaten the health, safety, or welfare of residents.
1220	Section 28.  Paragraph (c) of subsection (2) of section
1221	429.911, Florida Statutes, is amended to read:
1222	429.911  Denial, suspension, revocation of license;
1223	emergency action; administrative fines; investigations and
1224	inspections.-
1225	(2)  Each of the following actions by the owner of an adult
1226	day care center or by its operator or employee is a ground for
1227	action by the agency against the owner of the center or its
1228	operator or employee:
1229	(c)  A Failure to comply with the of persons subject to
1230	level 2 background screening standards of this part, s.
1231	408.809(1), or chapter 435 under s. 408.809 to meet the
1232	screening standards of s. 435.04, or the retention by the center
1233	of an employee subject to level 1 background screening standards
1234	under s. 429.174 who does not meet the screening standards of s.
1235	435.03 and for whom exemptions from disqualification have not
1236	been provided by the agency.
1237	Section 29.  Section 429.919, Florida Statutes, is amended
1238	to read:
1239	429.919  Background screening.-The agency shall require
1240	level 2 background screening for personnel as required in s.
1241	408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1242	or administrator of an adult day care center must conduct level
1243	1 background screening as set forth in chapter 435 on all
1244	employees hired on or after October 1, 1998, who provide basic
1245	services or supportive and optional services to the
1246	participants. Such persons satisfy this requirement if:
1247	(1)  Proof of compliance with level 1 screening
1248	requirements obtained to meet any professional license
1249	requirements in this state is provided and accompanied, under
1250	penalty of perjury, by a copy of the person's current
1251	professional license and an affidavit of current compliance with
1252	the background screening requirements.
1253	(2)  The person required to be screened has been
1254	continuously employed, without a breach in service that exceeds
1255	180 days, in the same type of occupation for which the person is
1256	seeking employment and provides proof of compliance with the
1257	level 1 screening requirement which is no more than 2 years old.
1258	Proof of compliance must be provided directly from one employer
1259	or contractor to another, and not from the person screened. Upon
1260	request, a copy of screening results shall be provided to the
1261	person screened by the employer retaining documentation of the
1262	screening.
1263	(3)  The person required to be screened is employed by a
1264	corporation or business entity or related corporation or
1265	business entity that owns, operates, or manages more than one
1266	facility or agency licensed under chapter 400 or this chapter,
1267	and for whom a level 1 screening was conducted by the
1268	corporation or business entity as a condition of initial or
1269	continued employment.
1270	Section 30.  Section 430.60, Florida Statutes, is created
1271	to read:
1272	430.60  Screening of direct service providers.-
1273	(1)(a)  Level 2 background screening pursuant to chapter
1274	435 is required for direct service providers. Background
1275	screening shall include employment history checks as provided in
1276	s. 435.03(1) and local criminal records checks through local law
1277	enforcement agencies.
1278	(b)  For purposes of this section, the term "direct service
1279	provider" means a person 18 years of age or older who is
1280	unrelated to his or her clients and who has direct, face-to-face
1281	contact with a client while providing services to the client and
1282	has access to the client's living areas or to the client's funds
1283	or personal property. The term includes coordinators, managers,
1284	and supervisors of residential facilities and volunteers.
1285	(2)  Licensed physicians, nurses, or other professionals
1286	licensed by the Department of Health are not subject to
1287	background screening pursuant to this section if they are
1288	providing a service that is within the scope of their licensed
1289	practice.
1290	(3)  Refusal on the part of an employer to dismiss a
1291	manager, supervisor, or direct service provider who has been
1292	found to be in noncompliance with standards of this section
1293	shall result in the automatic denial, termination, or revocation
1294	of the license or certification, rate agreement, purchase order,
1295	or contract, in addition to any other remedies authorized by
1296	law.
1297	(4)  The background screening conducted pursuant to this
1298	section must ensure that, in addition to the disqualifying
1299	offenses listed in s. 435.04, no person subject to the
1300	provisions of this section has been found guilty of, regardless
1301	of adjudication, or entered a plea of nolo contendere or guilty
1302	to, any offense prohibited under any of the following provisions
1303	of the Florida Statutes or under any similar statute of another
1304	jurisdiction:
1305	(a)  Any authorizing statutes, if the offense was a felony.
1306	(b)  Section 409.920, relating to Medicaid provider fraud.
1307	(c)  Section 409.9201, relating to Medicaid fraud.
1308	(d)  Section 817.034, relating to fraudulent acts through
1309	mail, wire, radio, electromagnetic, photoelectronic, or
1310	photooptical systems.
1311	(e)  Section 817.234, relating to false and fraudulent
1312	insurance claims.
1313	(f)  Section 817.505, relating to patient brokering.
1314	(g)  Section 817.568, relating to criminal use of personal
1315	identification information.
1316	(h)  Section 817.60, relating to obtaining a credit card
1317	through fraudulent means.
1318	(i)  Section 817.61, relating to fraudulent use of credit
1319	cards, if the offense was a felony.
1320	(j)  Section 831.01, relating to forgery.
1321	(k)  Section 831.02, relating to uttering forged
1322	instruments.
1323	(l)  Section 831.07, relating to forging bank bills,
1324	checks, drafts, or promissory notes.
1325	(m)  Section 831.09, relating to uttering forged bank
1326	bills, checks, drafts, or promissory notes.
1327	Section 31.  Section 435.01, Florida Statutes, is amended
1328	to read:
1329	435.01  Applicability of this chapter; statutory
1330	references; rulemaking.-
1331	(1)(a)  Unless otherwise provided by law, whenever a
1332	background screening for employment or a background security
1333	check is required by law to be conducted pursuant to this
1334	chapter for employment, unless otherwise provided by law, the
1335	provisions of this chapter shall apply.
1336	(b)  Unless expressly provided otherwise, a reference in
1337	any section of the Florida Statutes to chapter 435 or to any
1338	section or sections or portion of a section of chapter 435
1339	includes, and shall be understood as including, all subsequent
1340	amendments to chapter 435 or to the referenced section or
1341	sections or portions of a section. The purpose of this chapter
1342	is to facilitate uniform background screening and, to this end,
1343	a reference to this chapter, or to any section or subdivision
1344	within this chapter, constitutes a general reference under the
1345	doctrine of incorporation by reference.
1346	(2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1347	and 120.54 necessary to implement the provisions of this
1348	chapter.
1349	Section 32.  Section 435.02, Florida Statutes, is amended
1350	to read:
1351	435.02  Definitions.-For the purposes of this chapter, the
1352	term:
1353	(1)(3)  "Licensing Agency" means any state, or county, or
1354	municipal agency that which grants licenses or registration
1355	permitting the operation of an employer or is itself an employer
1356	or that otherwise facilitates the screening of employees
1357	pursuant to this chapter. When there is no state licensing
1358	agency or the municipal or county licensing agency chooses not
1359	to conduct employment screening, "licensing agency" means the
1360	Department of Children and Family Services.
1361	(2)(1)  "Employee" means any person required by law to be
1362	screened pursuant to the provisions of this chapter.
1363	(3)(2)  "Employer" means any person or entity required by
1364	law to conduct screening of employees pursuant to this chapter.
1365	(4)  "Employment" means any activity or service sought to
1366	be performed by an employee that requires the employee to be
1367	subject to screening pursuant to this chapter.
1368	(5)  "Vulnerable person" means a minor or a vulnerable
1369	adult as defined in s. 415.102.
1370	Section 33.  Section 435.03, Florida Statutes, is amended
1371	to read:
1372	435.03  Level 1 screening standards.-
1373	(1)  All employees required by law to be screened pursuant
1374	to this section must shall be required to undergo background
1375	screening as a condition of employment and continued employment
1376	that includes. For the purposes of this subsection, level 1
1377	screenings shall include, but need not be limited to, employment
1378	history checks and statewide criminal correspondence checks
1379	through the Florida Department of Law Enforcement, and may
1380	include local criminal records checks through local law
1381	enforcement agencies.
1382	(2)  Any person required by law to be screened pursuant to
1383	this section for whom employment screening is required by
1384	statute must not have been found guilty of, regardless of
1385	adjudication, or entered a plea of nolo contendere or guilty to,
1386	any offense prohibited under any provision of s. 435.04(2) of
1387	the following provisions of the Florida Statutes or under any
1388	similar statute of another jurisdiction.:
1389	(a)  Section 393.135, relating to sexual misconduct with
1390	certain developmentally disabled clients and reporting of such
1391	sexual misconduct.
1392	(b)  Section 394.4593, relating to sexual misconduct with
1393	certain mental health patients and reporting of such sexual
1394	misconduct.
1395	(c)  Section 415.111, relating to abuse, neglect, or
1396	exploitation of a vulnerable adult.
1397	(d)  Section 782.04, relating to murder.
1398	(e)  Section 782.07, relating to manslaughter, aggravated
1399	manslaughter of an elderly person or disabled adult, or
1400	aggravated manslaughter of a child.
1401	(f)  Section 782.071, relating to vehicular homicide.
1402	(g)  Section 782.09, relating to killing of an unborn quick
1403	child by injury to the mother.
1404	(h)  Section 784.011, relating to assault, if the victim of
1405	the offense was a minor.
1406	(i)  Section 784.021, relating to aggravated assault.
1407	(j)  Section 784.03, relating to battery, if the victim of
1408	the offense was a minor.
1409	(k)  Section 784.045, relating to aggravated battery.
1410	(l)  Section 787.01, relating to kidnapping.
1411	(m)  Section 787.02, relating to false imprisonment.
1412	(n)  Section 794.011, relating to sexual battery.
1413	(o)  Former s. 794.041, relating to prohibited acts of
1414	persons in familial or custodial authority.
1415	(p)  Chapter 796, relating to prostitution.
1416	(q)  Section 798.02, relating to lewd and lascivious
1417	behavior.
1418	(r)  Chapter 800, relating to lewdness and indecent
1419	exposure.
1420	(s)  Section 806.01, relating to arson.
1421	(t)  Chapter 812, relating to theft, robbery, and related
1422	crimes, if the offense was a felony.
1423	(u)  Section 817.563, relating to fraudulent sale of
1424	controlled substances, only if the offense was a felony.
1425	(v)  Section 825.102, relating to abuse, aggravated abuse,
1426	or neglect of an elderly person or disabled adult.
1427	(w)  Section 825.1025, relating to lewd or lascivious
1428	offenses committed upon or in the presence of an elderly person
1429	or disabled adult.
1430	(x)  Section 825.103, relating to exploitation of an
1431	elderly person or disabled adult, if the offense was a felony.
1432	(y)  Section 826.04, relating to incest.
1433	(z)  Section 827.03, relating to child abuse, aggravated
1434	child abuse, or neglect of a child.
1435	(aa)  Section 827.04, relating to contributing to the
1436	delinquency or dependency of a child.
1437	(bb)  Former s. 827.05, relating to negligent treatment of
1438	children.
1439	(cc)  Section 827.071, relating to sexual performance by a
1440	child.
1441	(dd)  Chapter 847, relating to obscene literature.
1442	(ee)  Chapter 893, relating to drug abuse prevention and
1443	control, only if the offense was a felony or if any other person
1444	involved in the offense was a minor.
1445	(ff)  Section 916.1075, relating to sexual misconduct with
1446	certain forensic clients and reporting of such sexual
1447	misconduct.
1448	(3)  The security background investigations under this
1449	section must ensure that no person subject to the provisions of
1450	this section has been found guilty of, regardless of
1451	adjudication, or entered a plea of nolo contendere or guilty to,
1452	any offense that constitutes domestic violence as defined in s.
1453	741.28, whether such act was committed in this state or in
1454	another jurisdiction Standards must also ensure that the person:
1455	(a)  For employees and employers licensed or registered
1456	pursuant to chapter 400 or chapter 429, and for employees and
1457	employers of developmental disabilities centers as defined in s.
1458	393.063, intermediate care facilities for the developmentally
1459	disabled as defined in s. 400.960, and mental health treatment
1460	facilities as defined in s. 394.455, meets the requirements of
1461	this chapter.
1462	(b)  Has not committed an act that constitutes domestic
1463
1464	Section 34.  Section 435.04, Florida Statutes, is amended
1465	to read:
1466	435.04  Level 2 screening standards.-
1467	(1)(a)  All employees required by law to be screened
1468	pursuant to this section must in positions designated by law as
1469	positions of trust or responsibility shall be required to
1470	undergo security background investigations as a condition of
1471	employment and continued employment that includes. For the
1472	purposes of this subsection, security background investigations
1473	shall include, but need not be limited to, fingerprinting for
1474	statewide criminal history records all purposes and checks in
1475	this subsection, statewide criminal and juvenile records checks
1476	through the Florida Department of Law Enforcement, and national
1477	federal criminal history records checks through the Federal
1478	Bureau of Investigation, and may include local criminal records
1479	checks through local law enforcement agencies.
1480	(b)  Fingerprints submitted pursuant to this section on or
1481	after July 1, 2012, must be submitted electronically to the
1482	Department of Law Enforcement by, or on the behalf of, the
1483	employee or employer.
1484	(c)  An agency may contract with one or more vendors to
1485	perform all or part of the electronic fingerprinting pursuant to
1486	this section. Such contracts must ensure that the owners and
1487	personnel of the vendor performing the electronic fingerprinting
1488	are qualified and will ensure the integrity and security of all
1489	personal information.
1490	(d)  An agency may require by rule adopted pursuant to
1491	chapter 120 that fingerprints submitted pursuant to this section
1492	must be submitted electronically to the Department of Law
1493	Enforcement by, or on the behalf of, the employee or employer on
1494	a date earlier than July 1, 2012.
1495	(2)  The security background investigations under this
1496	section must ensure that no persons subject to the provisions of
1497	this section have been found guilty of, regardless of
1498	adjudication, or entered a plea of nolo contendere or guilty to,
1499	any offense prohibited under any of the following provisions of
1500	the Florida Statutes or under any similar statute of another
1501	jurisdiction:
1502	(a)  Section 393.135, relating to sexual misconduct with
1503	certain developmentally disabled clients and reporting of such
1504	sexual misconduct.
1505	(b)  Section 394.4593, relating to sexual misconduct with
1506	certain mental health patients and reporting of such sexual
1507	misconduct.
1508	(c)  Section 415.111, relating to adult abuse, neglect, or
1509	exploitation of aged persons or disabled adults.
1510	(d)  Section 782.04, relating to murder.
1511	(e)  Section 782.07, relating to manslaughter, aggravated
1512	manslaughter of an elderly person or disabled adult, or
1513	aggravated manslaughter of a child.
1514	(f)  Section 782.071, relating to vehicular homicide.
1515	(g)  Section 782.09, relating to killing of an unborn quick
1516	child by injury to the mother.
1517	(h)  Chapter 784, relating to assault, battery, and
1518	culpable negligence, if the offense was a felony.
1519	(i)(h)  Section 784.011, relating to assault, if the victim
1520	of the offense was a minor.
1521	(i)  Section 784.021, relating to aggravated assault.
1522	(j)  Section 784.03, relating to battery, if the victim of
1523	the offense was a minor.
1524	(k)  Section 784.045, relating to aggravated battery.
1525	(l)  Section 784.075, relating to battery on a detention or
1526	commitment facility staff.
1527	(k)(m)  Section 787.01, relating to kidnapping.
1528	(l)(n)  Section 787.02, relating to false imprisonment.
1529	(m)  Section 787.025, relating to luring or enticing a
1530	child.
1531	(n)(o)  Section 787.04(2), relating to taking, enticing, or
1532	removing a child beyond the state limits with criminal intent
1533	pending custody proceedings.
1534	(o)(p)  Section 787.04(3), relating to carrying a child
1535	beyond the state lines with criminal intent to avoid producing a
1536	child at a custody hearing or delivering the child to the
1537	designated person.
1538	(p)(q)  Section 790.115(1), relating to exhibiting firearms
1539	or weapons within 1,000 feet of a school.
1540	(q)(r)  Section 790.115(2)(b), relating to possessing an
1541	electric weapon or device, destructive device, or other weapon
1542	on school property.
1543	(r)(s)  Section 794.011, relating to sexual battery.
1544	(s)(t)  Former s. 794.041, relating to prohibited acts of
1545	persons in familial or custodial authority.
1546	(t)  Section 794.05, relating to unlawful sexual activity
1547	with certain minors.
1548	(u)  Chapter 796, relating to prostitution.
1549	(v)  Section 798.02, relating to lewd and lascivious
1550	behavior.
1551	(w)  Chapter 800, relating to lewdness and indecent
1552	exposure.
1553	(x)  Section 806.01, relating to arson.
1554	(y)  Section 810.02, relating to burglary.
1555	(z)  Section 810.14, relating to voyeurism, if the offense
1556	is a felony.
1557	(aa)  Section 810.145, relating to video voyeurism, if the
1558	offense is a felony.
1559	(bb)(y)  Chapter 812, relating to theft, robbery, and
1560	related crimes, if the offense is a felony.
1561	(cc)(z)  Section 817.563, relating to fraudulent sale of
1562	controlled substances, only if the offense was a felony.
1563	(dd)(aa)  Section 825.102, relating to abuse, aggravated
1564	abuse, or neglect of an elderly person or disabled adult.
1565	(ee)(bb)  Section 825.1025, relating to lewd or lascivious
1566	offenses committed upon or in the presence of an elderly person
1567	or disabled adult.
1568	(ff)(cc)  Section 825.103, relating to exploitation of an
1569	elderly person or disabled adult, if the offense was a felony.
1570	(gg)(dd)  Section 826.04, relating to incest.
1571	(hh)(ee)  Section 827.03, relating to child abuse,
1572	aggravated child abuse, or neglect of a child.
1573	(ii)(ff)  Section 827.04, relating to contributing to the
1574	delinquency or dependency of a child.
1575	(jj)(gg)  Former s. 827.05, relating to negligent treatment
1576	of children.
1577	(kk)(hh)  Section 827.071, relating to sexual performance
1578	by a child.
1579	(ll)(ii)  Section 843.01, relating to resisting arrest with
1580	violence.
1581	(mm)(jj)  Section 843.025, relating to depriving a law
1582	enforcement, correctional, or correctional probation officer
1583	means of protection or communication.
1584	(nn)(kk)  Section 843.12, relating to aiding in an escape.
1585	(oo)(ll)  Section 843.13, relating to aiding in the escape
1586	of juvenile inmates in correctional institutions.
1587	(pp)(mm)  Chapter 847, relating to obscene literature.
1588	(qq)(nn)  Section 874.05(1), relating to encouraging or
1589	recruiting another to join a criminal gang.
1590	(rr)(oo)  Chapter 893, relating to drug abuse prevention
1591	and control, only if the offense was a felony or if any other
1592	person involved in the offense was a minor.
1593	(ss)(pp)  Section 916.1075, relating to sexual misconduct
1594	with certain forensic clients and reporting of such sexual
1595	misconduct.
1596	(tt)(qq)  Section 944.35(3), relating to inflicting cruel
1597	or inhuman treatment on an inmate resulting in great bodily
1598	harm.
1599	(uu)  Section 944.40, relating to escape.
1600	(vv)(rr)  Section 944.46, relating to harboring,
1601	concealing, or aiding an escaped prisoner.
1602	(ww)(ss)  Section 944.47, relating to introduction of
1603	contraband into a correctional facility.
1604	(xx)(tt)  Section 985.701, relating to sexual misconduct in
1605	juvenile justice programs.
1606	(yy)(uu)  Section 985.711, relating to contraband
1607	introduced into detention facilities.
1608	(3)  The security background investigations under this
1609	section must ensure that no person subject to this section has
1610	been found guilty of, regardless of adjudication, or entered a
1611	plea of nolo contendere or guilty to, any offense that
1612	constitutes domestic violence as defined in s. 741.28, whether
1613	such act was committed in this state or in another jurisdiction.
1614	The security background investigations conducted under this
1615	section for employees of the Department of Juvenile Justice must
1616	ensure that no persons subject to the provisions of this section
1617	have been found guilty of, regardless of adjudication, or
1618	entered a plea of nolo contendere or guilty to, any offense
1619	prohibited under any of the following provisions of the Florida
1620	Statutes or under any similar statute of another jurisdiction:
1621	(a)  Section 784.07, relating to assault or battery of law
1622	enforcement officers, firefighters, emergency medical care
1623	providers, public transit employees or agents, or other
1624	specified officers.
1625	(b)  Section 810.02, relating to burglary, if the offense
1626	is a felony.
1627	(c)  Section 944.40, relating to escape.
1628
1629	The Department of Juvenile Justice may not remove a
1630	disqualification from employment or grant an exemption to any
1631	person who is disqualified under this section for any offense
1632	disposed of during the most recent 7-year period.
1633	(4)  Standards must also ensure that the person:
1634	(a)  For employees or employers licensed or registered
1635	pursuant to chapter 400 or chapter 429, does not have a
1636	confirmed report of abuse, neglect, or exploitation as defined
1637	in s. 415.102(6), which has been uncontested or upheld under s.
1638	415.103.
1639	(b)  Has not committed an act that constitutes domestic
1640	violence as defined in s. 741.30.
1641	(5)  Under penalty of perjury, all employees in such
1642	positions of trust or responsibility shall attest to meeting the
1643	requirements for qualifying for employment and agreeing to
1644	inform the employer immediately if convicted of any of the
1645	disqualifying offenses while employed by the employer. Each
1646	employer of employees in such positions of trust or
1647	responsibilities which is licensed or registered by a state
1648	agency shall submit to the licensing agency annually or at the
1649	time of license renewal, under penalty of perjury, an affidavit
1650	of compliance with the provisions of this section.
1651	Section 35.  Section 435.05, Florida Statutes, is amended
1652	to read:
1653	435.05  Requirements for covered employees and employers.-
1654	Except as otherwise provided by law, the following requirements
1655	shall apply to covered employees and employers:
1656	(1)(a)  Every person required by law to be screened
1657	pursuant to the provisions of this chapter must employed in a
1658	position for which employment screening is required must, within
1659	5 working days after starting to work, submit to the employer a
1660	complete set of information necessary to conduct a screening
1661	under this chapter section.
1662	(b)  For level 1 screening, the employer must submit the
1663	information necessary for screening to the Florida Department of
1664	Law Enforcement within 5 working days after receiving it. The
1665	Florida Department of Law Enforcement will conduct a search of
1666	its records and will respond to the employer or agency. The
1667	employer will inform the employee whether screening has revealed
1668	any disqualifying information.
1669	(c)  For level 2 screening, the employer or licensing
1670	agency must submit the information necessary for screening to
1671	the Florida Department of Law Enforcement within 5 working days
1672	after receiving it. The Florida Department of Law Enforcement
1673	will perform a criminal history record check of its conduct a
1674	search of its criminal and juvenile records and will request
1675	that the Federal Bureau of Investigation perform a national
1676	criminal history record check conduct a search of its records
1677	for each employee for whom the request is made. The Florida
1678	Department of Law Enforcement will respond to the employer or
1679	licensing agency, and the employer or licensing agency will
1680	inform the employee whether screening has revealed disqualifying
1681	information.
1682	(d)  The person whose background is being checked must
1683	supply any missing criminal or other necessary information upon
1684	request to the requesting employer or agency within 30 days
1685	after receiving the employer makes a request for the information
1686	or be subject to automatic disqualification.
1687	(2)  Every employee must attest, subject to penalty of
1688	perjury, to meeting the requirements for qualifying for
1689	employment pursuant to this chapter and agreeing to inform the
1690	employer immediately if arrested for any of the disqualifying
1691	offenses while employed by the employer Unless otherwise
1692	prohibited by state or federal law, new employees may be placed
1693	on probationary status pending a determination of compliance
1694	with minimum standards set forth in this chapter.
1695	(3)  Each employer that is licensed or registered with an
1696	agency and is required by law to conduct level 2 background
1697	screening must submit to the agency sign an affidavit annually
1698	or at the time of license renewal, under penalty of perjury, a
1699	signed affidavit attesting to compliance with the provisions of
1700	this chapter stating that all covered employees have been
1701	screened or are newly hired and are awaiting the results of the
1702	required screening checks.
1703	Section 36.  Section 435.06, Florida Statutes, is amended
1704	to read:
1705	435.06  Exclusion from employment.-
1706	(1)  When an employer or licensing agency has reasonable
1707	cause to believe that grounds exist for the denial or
1708	termination of employment of any employee as a result of
1709	background screening, it shall notify the employee in writing,
1710	stating the specific record that which indicates noncompliance
1711	with the standards in this chapter section. It shall be the
1712	responsibility of the affected employee to contest his or her
1713	disqualification or to request exemption from disqualification.
1714	The only basis for contesting the disqualification shall be
1715	proof of mistaken identity.
1716	(2)(a)  An employer may not hire, select, or otherwise
1717	allow an employee to have contact with any vulnerable person
1718	that would place the employee in a role that would require
1719	background screening until such time as the screening process is
1720	completed and demonstrates the absence of any grounds for the
1721	denial or termination of employment. If the screening process
1722	shows any grounds for the denial or termination of employment,
1723	the employer may not hire, select, or otherwise allow the
1724	employee to have contact with any vulnerable person that would
1725	place the employee in a role that would require background
1726	screening unless the employee is granted an exemption for the
1727	disqualification by the agency as provided under s. 435.07.
1728	(b)  If at any time an employer becomes aware that an
1729	employee has been arrested for a disqualifying offense, the
1730	employer must remove the employee from contact with any
1731	vulnerable person that would place the employee in a role that
1732	would require background screening until such time as the arrest
1733	is resolved in such a way that the employer determines that the
1734	employee is still eligible for employment under this chapter.
1735	(c)  The employer must either terminate the employment of
1736	any of its personnel found to be in noncompliance with the
1737	minimum standards of this chapter for good moral character
1738	contained in this section or place the employee in a position
1739	for which background screening is not required unless the
1740	employee is granted an exemption from disqualification pursuant
1741	to s. 435.07.
1742	(3)  Any employee person who is required to undergo
1743	employment screening and who refuses to cooperate in such
1744	screening or refuses to timely submit the information necessary
1745	to complete the screening, including fingerprints when required,
1746	must shall be disqualified for employment in such position or,
1747	if employed, must shall be dismissed.
1748	Section 37.  Section 435.07, Florida Statutes, is amended
1749	to read:
1750	435.07  Exemptions from disqualification.-Unless otherwise
1751	provided by law, the provisions of this section shall apply to
1752	exemptions from disqualification pursuant to this chapter.
1753	(1)  The head of the appropriate licensing agency may grant
1754	to any employee otherwise disqualified from employment an
1755	exemption from disqualification for:
1756	(a)  Felonies for which at least 3 years have elapsed since
1757	the applicant for the exemption has completed or been lawfully
1758	released from confinement, supervision, or sanction for the
1759	disqualifying felony committed more than 3 years prior to the
1760	date of disqualification;
1761	(b)  Misdemeanors prohibited under any of the Florida
1762	Statutes cited in this chapter or under similar statutes of
1763	other jurisdictions;
1764	(c)  Offenses that were felonies when committed but are now
1765	misdemeanors; or
1766	(d)  Findings of delinquency; or
1767	(e)  Commissions of acts of domestic violence as defined in
1768	s. 741.30.
1769
1770	For the purposes of this subsection, the term "felonies" means
1771	both felonies prohibited under any of the Florida Statutes cited
1772	in this chapter or under similar statutes of other
1773	jurisdictions.
1774	(2)  Persons employed, or applicants for employment, by
1775	treatment providers who treat adolescents 13 years of age and
1776	older who are disqualified from employment solely because of
1777	crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1778	exempted from disqualification from employment pursuant to this
1779	chapter section without application of the 3-year waiting period
1780	in paragraph (1)(a).
1781	(3)(a)  In order for the head of an agency a licensing
1782	department to grant an exemption to any employee, the employee
1783	must demonstrate by clear and convincing evidence that the
1784	employee should not be disqualified from employment. Employees
1785	seeking an exemption have the burden of setting forth clear and
1786	convincing sufficient evidence of rehabilitation, including, but
1787	not limited to, the circumstances surrounding the criminal
1788	incident for which an exemption is sought, the time period that
1789	has elapsed since the incident, the nature of the harm caused to
1790	the victim, and the history of the employee since the incident,
1791	or any other evidence or circumstances indicating that the
1792	employee will not present a danger if employment or continued
1793	employment is allowed.
1794	(b)  The agency may consider as part of its deliberations
1795	of the employee's rehabilitation the fact that the employee has,
1796	subsequent to the conviction for the disqualifying offense for
1797	which the exemption is being sought, been arrested for or
1798	convicted of another crime, even if that crime is not a
1799	disqualifying offense.
1800	(c)  The decision of the head of an agency licensing
1801	department regarding an exemption may be contested through the
1802	hearing procedures set forth in chapter 120. The standard of
1803	review by the administrative law judge is whether the agency's
1804	intended action is an abuse of discretion.
1805	(4)(a)  Disqualification from employment under this chapter
1806	subsection (1) may not be removed from, nor may an exemption be
1807	granted to, any personnel who is found guilty of, regardless of
1808	adjudication, or who has entered a plea of nolo contendere or
1809	guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1810	by reason of any pardon, executive clemency, or restoration of
1811	civil rights.
1812	(b)  Disqualification from employment under this chapter
1813	may not be removed from, nor may an exemption be granted to, any
1814	person who has been designated as a sexual predator pursuant to
1815	s. 775.21.
1816	(5)  Exemptions granted by one licensing agency shall be
1817	considered by subsequent licensing agencies, but are not binding
1818	on the subsequent licensing agency.
1819	Section 38.  Section 435.08, Florida Statutes, is amended
1820	to read:
1821	435.08  Payment for processing of fingerprints and state
1822	criminal records checks.-Either the employer or the employee is
1823	responsible for paying the costs of screening. Payment shall be
1824	submitted to the Florida Department of Law Enforcement with the
1825	request for screening. The appropriate agency is responsible for
1826	collecting and paying any fee related to fingerprints retained
1827	on its behalf to the Department of Law Enforcement for costs
1828	resulting from the fingerprint information retention services.
1829	The amount of the annual fee and procedures for the submission
1830	and retention of fingerprint information and for the
1831	dissemination of search results shall be established by rule of
1832	the Department of Law Enforcement.
1833	Section 39.  Subsection (1) of section 464.203, Florida
1834	Statutes, is amended to read:
1835	464.203  Certified nursing assistants; certification
1836	requirement.-
1837	(1)  The board shall issue a certificate to practice as a
1838	certified nursing assistant to any person who demonstrates a
1839	minimum competency to read and write and successfully passes the
1840	required background Level I or Level II screening pursuant to s.
1841	400.215 and meets one of the following requirements:
1842	(a)  Has successfully completed an approved training
1843	program and achieved a minimum score, established by rule of the
1844	board, on the nursing assistant competency examination, which
1845	consists of a written portion and skills-demonstration portion
1846	approved by the board and administered at a site and by
1847	personnel approved by the department.
1848	(b)  Has achieved a minimum score, established by rule of
1849	the board, on the nursing assistant competency examination,
1850	which consists of a written portion and skills-demonstration
1851	portion, approved by the board and administered at a site and by
1852	personnel approved by the department and:
1853	1.  Has a high school diploma, or its equivalent; or
1854	2.  Is at least 18 years of age.
1855	(c)  Is currently certified in another state; is listed on
1856	that state's certified nursing assistant registry; and has not
1857	been found to have committed abuse, neglect, or exploitation in
1858	that state.
1859	(d)  Has completed the curriculum developed under the
1860	Enterprise Florida Jobs and Education Partnership Grant and
1861	achieved a minimum score, established by rule of the board, on
1862	the nursing assistant competency examination, which consists of
1863	a written portion and skills-demonstration portion, approved by
1864	the board and administered at a site and by personnel approved
1865	by the department.
1866	Section 40.  Subsection (9) of section 489.115, Florida
1867	Statutes, is amended to read:
1868	489.115  Certification and registration; endorsement;
1869	reciprocity; renewals; continuing education.-
1870	(9)  An initial applicant shall submit, along with the
1871	application, a complete set of fingerprints in a form and manner
1872	required by the department. The fingerprints shall be submitted
1873	to the Department of Law Enforcement for state processing, and
1874	the Department of Law Enforcement shall forward them to the
1875	Federal Bureau of Investigation for the purpose of processing
1876	the fingerprint submission to determine if the applicant has a
1877	criminal history record conducting a level 2 background check
1878	pursuant to s. 435.04. The department shall and the board may
1879	review the background results to determine if an applicant meets
1880	licensure requirements. The cost for the fingerprint processing
1881	shall be borne by the person subject to the background
1882	screening. These fees are to be collected by the authorized
1883	agencies or vendors. The authorized agencies or vendors are
1884	responsible for paying the processing costs to the Department of
1885	Law Enforcement.
1886	Section 41.  Paragraphs (g) and (h) of subsection (2) of
1887	section 943.05, Florida Statutes, are amended, and subsection
1888	(4) is added to that section, to read:
1889	943.05  Criminal Justice Information Program; duties; crime
1890	reports.-
1891	(2)  The program shall:
1892	(g)  Upon official written request from the agency
1893	executive director or secretary, or from his or her designee, or
1894	from qualified entities participating in the volunteer and
1895	employee criminal history screening system under s. 943.0542, or
1896	as otherwise required As authorized by law, retain fingerprints
1897	submitted by criminal and noncriminal justice agencies to the
1898	department for a criminal history background screening in a
1899	manner provided by rule and enter the fingerprints in the
1900	statewide automated fingerprint identification system authorized
1901	by paragraph (b). Such fingerprints shall thereafter be
1902	available for all purposes and uses authorized for arrest
1903	fingerprint submissions cards entered into the statewide
1904	automated fingerprint identification system pursuant to s.
1905	943.051.
1906	(h)1.  For each agency or qualified entity that officially
1907	requests retention of fingerprints or for which retention is
1908	otherwise required As authorized by law, search all arrest
1909	fingerprint submissions cards received under s. 943.051 against
1910	the fingerprints retained in the statewide automated fingerprint
1911	identification system under paragraph (g).
1912	1.  Any arrest record that is identified with the retained
1913	fingerprints of a person subject to background screening as
1914	provided in paragraph (g) shall be reported to the appropriate
1915	agency or qualified entity.
1916	2.  To Agencies may participate in this search process,
1917	agencies or qualified entities must notify each person
1918	fingerprinted that his or her fingerprints will be retained, pay
1919	by payment of an annual fee to the department, and inform by
1920	informing the department of any change in the affiliation,
1921	employment, or contractual status or place of affiliation,
1922	employment, or contracting of each person the persons whose
1923	fingerprints are retained under paragraph (g) when such change
1924	removes or eliminates the agency or qualified entity's basis or
1925	need for receiving reports of any arrest of that person, so that
1926	the agency or qualified entity will not be obligated to pay the
1927	upcoming annual fee for the retention and searching of that
1928	person's fingerprints to the department. The department shall
1929	adopt a rule setting the amount of the annual fee to be imposed
1930	upon each participating agency or qualified entity for
1931	performing these searches and establishing the procedures for
1932	the retention of fingerprints and the dissemination of search
1933	results. The fee may be borne by the agency, qualified entity,
1934	or person subject to fingerprint retention or as otherwise
1935	provided by law. Fees may be waived or reduced by the executive
1936	director for good cause shown. Consistent with the recognition
1937	of criminal justice agencies expressed in s. 943.053(3), these
1938	services will be provided to criminal justice agencies for
1939	criminal justice purposes free of charge.
1940	3.  Agencies that participate in the fingerprint retention
1941	and search process may adopt rules pursuant to ss. 120.536(1)
1942	and 120.54 to require employers to keep the agency informed of
1943	any change in the affiliation, employment, or contractual status
1944	of each person whose fingerprints are retained under paragraph
1945	(g) when such change removes or eliminates the agency's basis or
1946	need for receiving reports of any arrest of that person, so that
1947	the agency will not be obligated to pay the upcoming annual fee
1948	for the retention and searching of that person's fingerprints to
1949	the department.
1950	(4)  Upon notification that a federal fingerprint retention
1951	program is in effect, and subject to the department being funded
1952	and equipped to participate in such a program, the department
1953	shall, when state and national criminal history records checks
1954	and retention of submitted prints are authorized or required by
1955	law, retain the fingerprints as provided in paragraphs (2)(g)
1956	and (h) and advise the Federal Bureau of Investigation to retain
1957	the fingerprints at the national level for searching against
1958	arrest fingerprint submissions received at the national level.
1959	Section 42.  Subsections (6) and (11) of section 943.053,
1960	Florida Statutes, are amended to read:
1961	943.053  Dissemination of criminal justice information;
1962	fees.-
1963	(6)  Notwithstanding any other provision of law, the
1964	department shall provide to the Florida Department of Revenue
1965	Child Support Enforcement access to Florida criminal records
1966	which are not exempt from disclosure under chapter 119, and to
1967	such information as may be lawfully available from other states
1968	via the National Law Enforcement Telecommunications System, for
1969	the purpose of locating subjects who owe or potentially owe
1970	support, as defined in s. 409.2554, or to whom such obligation
1971	is owed pursuant to Title IV-D of the Social Security Act. Such
1972	information may be provided to child support enforcement
1973	authorities in other states for these specific purposes.
1974	(11)  A criminal justice agency that is authorized under
1975	federal rules or law to conduct a criminal history background
1976	check on an agency employee who is not certified by the Criminal
1977	Justice Standards and Training Commission under s. 943.12 may
1978	submit to the department the fingerprints of the noncertified
1979	employee to obtain state and national criminal history
1980	information. Effective January 15, 2007, The fingerprints
1981	submitted shall be retained and entered in the statewide
1982	automated fingerprint identification system authorized by s.
1983	943.05 and shall be available for all purposes and uses
1984	authorized for arrest fingerprint submissions cards entered in
1985	the statewide automated fingerprint identification system
1986	pursuant to s. 943.051. The department shall search all arrest
1987	fingerprint submissions cards received pursuant to s. 943.051
1988	against the fingerprints retained in the statewide automated
1989	fingerprint identification system pursuant to this section. In
1990	addition to all purposes and uses authorized for arrest
1991	fingerprint submissions cards for which submitted fingerprints
1992	may be used, any arrest record that is identified with the
1993	retained employee fingerprints must be reported to the
1994	submitting employing agency.
1995	Section 43.  Section 985.644, Florida Statutes, is amended
1996	to read:
1997	985.644  Departmental contracting powers; personnel
1998	standards and screening.-
1999	(1)  The department of Juvenile Justice or the Department
2000	of Children and Family Services, as appropriate, may contract
2001	with the Federal Government, other state departments and
2002	agencies, county and municipal governments and agencies, public
2003	and private agencies, and private individuals and corporations
2004	in carrying out the purposes of, and the responsibilities
2005	established in, this chapter.
2006	(a)  When the Department of Juvenile Justice or the
2007	Department of Children and Family Services contracts with a
2008	provider for any program for children, all personnel, including
2009	owners, operators, employees, and volunteers, in the facility
2010	must be of good moral character. Each contract entered into by
2011	the either department for services delivered on an appointment
2012	or intermittent basis by a provider that does not have regular
2013	custodial responsibility for children and each contract with a
2014	school for before or aftercare services must ensure that the all
2015	owners, operators, and all personnel who have direct contact
2016	with children are subject to level 2 background screening
2017	pursuant to chapter 435 of good moral character.
2018	(b)  A volunteer who assists the department or any program
2019	for children on an intermittent basis for less than 40 hours per
2020	month need not be screened if the volunteer is under direct and
2021	constant supervision by persons who meet the screening
2022	requirements.
2023	(b)  The Department of Juvenile Justice and the Department
2024	of Children and Family Services shall require employment
2025	screening pursuant to chapter 435, using the level 2 standards
2026	set forth in that chapter for personnel in programs for children
2027	or youths.
2028	(c)  The Department of Juvenile Justice or the Department
2029	of Children and Family Services may grant exemptions from
2030	disqualification from working with children as provided in s.
2031	435.07.
2032	(2)  The department may contract with the Federal
2033	Government, other state departments and agencies, county and
2034	municipal governments and agencies, public and private agencies,
2035	and private individuals and corporations in carrying out the
2036	purposes and the responsibilities of the delinquency services
2037	and programs of the department.
2038	(3)  The department shall adopt a rule pursuant to chapter
2039	120 establishing a procedure to provide notice of policy changes
2040	that affect contracted delinquency services and programs. A
2041	policy is defined as an operational requirement that applies to
2042	only the specified contracted delinquency service or program.
2043	The procedure shall include:
2044	(a)  Public notice of policy development.
2045	(b)  Opportunity for public comment on the proposed policy.
2046	(c)  Assessment for fiscal impact upon the department and
2047	providers.
2048	(d)  The department's response to comments received.
2049	(4)  When the department contracts with a provider for any
2050	delinquency service or program, all personnel, including all
2051	owners, operators, employees, and volunteers in the facility or
2052	providing the service or program shall be of good moral
2053	character. A volunteer who assists on an intermittent basis for
2054	less than 40 hours per month is not required to be screened if
2055	the volunteer is under direct and constant supervision by
2056	persons who meet the screening requirements.
2057	(3)(5)(a)  All employees of the department and all
2058	personnel of contract providers for any program for children,
2059	including all owners, operators, employees, persons who have
2060	access to confidential juvenile records, and volunteers, must
2061	complete For any person employed by the department, or by a
2062	provider under contract with the department, in delinquency
2063	facilities, services, or programs, the department shall require:
2064	1.  A level 2 employment screening pursuant to chapter 435
2065	prior to employment. The security background investigations
2066	conducted under this section must ensure that, in addition to
2067	the disqualifying offenses listed in s. 435.04, no person
2068	subject to the background screening provisions of this section
2069	has been found guilty of, regardless of adjudication, or entered
2070	a plea of nolo contendere or guilty to, any offense prohibited
2071	under any of the following provisions of the Florida Statutes or
2072	under any similar statute of another jurisdiction:
2073	a.  Section 784.07, relating to assault or battery of law
2074	enforcement officers, firefighters, emergency medical care
2075	providers, public transit employees or agents, or other
2076	specified officers.
2077	b.  Section 817.568, relating to criminal use of personal
2078	identification information.
2079	2.  A national federal criminal records check by the
2080	Federal Bureau of Investigation every 5 years following the date
2081	of the person's employment.
2082	(b)  Except for law enforcement, correctional, and
2083	correctional probation officers, to whom s. 943.13(5) applies,
2084	the department shall electronically submit to the Department of
2085	Law Enforcement:
2086	1.  Fingerprint information obtained during the employment
2087	screening required by subparagraph (a)1.
2088	2.  Beginning on December 15, 2005, Fingerprint information
2089	for all persons employed by the department, or by a provider
2090	under contract with the department, in delinquency facilities,
2091	services, or programs if such fingerprint information has not
2092	previously been electronically submitted to the Department of
2093	Law Enforcement under this paragraph.
2094	(c)  All fingerprint information electronically submitted
2095	to the Department of Law Enforcement under paragraph (b) shall
2096	be retained by the Department of Law Enforcement and entered
2097	into the statewide automated fingerprint identification system
2098	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2099	information shall be available for all purposes and uses
2100	authorized for arrest fingerprint information entered into the
2101	statewide automated fingerprint identification system pursuant
2102	to s. 943.051 until the fingerprint information is removed
2103	pursuant to paragraph (e). The Department of Law Enforcement
2104	shall search all arrest fingerprint information received
2105	pursuant to s. 943.051 against the fingerprint information
2106	entered into the statewide automated fingerprint system pursuant
2107	to this subsection. Any arrest records identified as a result of
2108	the search shall be reported to the department in the manner and
2109	timeframe established by the Department of Law Enforcement by
2110	rule.
2111	(d)  The department shall pay an annual fee to the
2112	Department of Law Enforcement for its costs resulting from the
2113	fingerprint information retention services required by this
2114	subsection. The amount of the annual fee and procedures for the
2115	submission and retention of fingerprint information and for the
2116	dissemination of search results shall be established by the
2117	Department of Law Enforcement by a rule that is applicable to
2118	the department individually pursuant to this subsection or that
2119	is applicable to the department and other employing agencies
2120	pursuant to rulemaking authority otherwise provided by law.
2121	(e)  The department shall notify the Department of Law
2122	Enforcement when a person whose fingerprint information is
2123	retained by the Department of Law Enforcement under this
2124	subsection is no longer employed by the department, or by a
2125	provider under contract with the department, in a delinquency
2126	facility, service, or program. This notice shall be provided by
2127	the department to the Department of Law Enforcement no later
2128	than 6 months after the date of the change in the person's
2129	employment status. Fingerprint information for persons
2130	identified by the department in the notice shall be removed from
2131	the statewide automated fingerprint system.
2132	(6)  The department may grant exemptions from
2133	disqualification from working with children as provided in s.
2134	435.07.
2135	(7)  The department may adopt rules pursuant to ss.
2136	120.536(1) and 120.54 to describe the procedure and requirements
2137	necessary to implement the employment screening and fingerprint
2138	retention services for all employees of the department and all
2139	personnel of contract providers for any program for children,
2140	including all owners, operators, employees, and volunteers,
2141	including the collection of associated fees.
2142	Section 44.  Paragraph (a) of subsection (1) of section
2143	381.60225, Florida Statutes, is amended to read:
2144	381.60225  Background screening.-
2145	(1)  Each applicant for certification must comply with the
2146	following requirements:
2147	(a)  Upon receipt of a completed, signed, and dated
2148	application, the Agency for Health Care Administration shall
2149	require background screening, in accordance with the level 2
2150	standards for screening set forth in chapter 435, of the
2151	managing employee, or other similarly titled individual
2152	responsible for the daily operation of the organization, agency,
2153	or entity, and financial officer, or other similarly titled
2154	individual who is responsible for the financial operation of the
2155	organization, agency, or entity, including billings for
2156	services. The applicant must comply with the procedures for
2157	level 2 background screening as set forth in chapter 435, as
2158	well as the requirements of s. 435.03(3).
2159	Section 45.  Subsection (32) of section 409.912, Florida
2160	Statutes, is amended to read:
2161	409.912  Cost-effective purchasing of health care.-The
2162	agency shall purchase goods and services for Medicaid recipients
2163	in the most cost-effective manner consistent with the delivery
2164	of quality medical care. To ensure that medical services are
2165	effectively utilized, the agency may, in any case, require a
2166	confirmation or second physician's opinion of the correct
2167	diagnosis for purposes of authorizing future services under the
2168	Medicaid program. This section does not restrict access to
2169	emergency services or poststabilization care services as defined
2170	in 42 C.F.R. part 438.114. Such confirmation or second opinion
2171	shall be rendered in a manner approved by the agency. The agency
2172	shall maximize the use of prepaid per capita and prepaid
2173	aggregate fixed-sum basis services when appropriate and other
2174	alternative service delivery and reimbursement methodologies,
2175	including competitive bidding pursuant to s. 287.057, designed
2176	to facilitate the cost-effective purchase of a case-managed
2177	continuum of care. The agency shall also require providers to
2178	minimize the exposure of recipients to the need for acute
2179	inpatient, custodial, and other institutional care and the
2180	inappropriate or unnecessary use of high-cost services. The
2181	agency shall contract with a vendor to monitor and evaluate the
2182	clinical practice patterns of providers in order to identify
2183	trends that are outside the normal practice patterns of a
2184	provider's professional peers or the national guidelines of a
2185	provider's professional association. The vendor must be able to
2186	provide information and counseling to a provider whose practice
2187	patterns are outside the norms, in consultation with the agency,
2188	to improve patient care and reduce inappropriate utilization.
2189	The agency may mandate prior authorization, drug therapy
2190	management, or disease management participation for certain
2191	populations of Medicaid beneficiaries, certain drug classes, or
2192	particular drugs to prevent fraud, abuse, overuse, and possible
2193	dangerous drug interactions. The Pharmaceutical and Therapeutics
2194	Committee shall make recommendations to the agency on drugs for
2195	which prior authorization is required. The agency shall inform
2196	the Pharmaceutical and Therapeutics Committee of its decisions
2197	regarding drugs subject to prior authorization. The agency is
2198	authorized to limit the entities it contracts with or enrolls as
2199	Medicaid providers by developing a provider network through
2200	provider credentialing. The agency may competitively bid single-
2201	source-provider contracts if procurement of goods or services
2202	results in demonstrated cost savings to the state without
2203	limiting access to care. The agency may limit its network based
2204	on the assessment of beneficiary access to care, provider
2205	availability, provider quality standards, time and distance
2206	standards for access to care, the cultural competence of the
2207	provider network, demographic characteristics of Medicaid
2208	beneficiaries, practice and provider-to-beneficiary standards,
2209	appointment wait times, beneficiary use of services, provider
2210	turnover, provider profiling, provider licensure history,
2211	previous program integrity investigations and findings, peer
2212	review, provider Medicaid policy and billing compliance records,
2213	clinical and medical record audits, and other factors. Providers
2214	shall not be entitled to enrollment in the Medicaid provider
2215	network. The agency shall determine instances in which allowing
2216	Medicaid beneficiaries to purchase durable medical equipment and
2217	other goods is less expensive to the Medicaid program than long-
2218	term rental of the equipment or goods. The agency may establish
2219	rules to facilitate purchases in lieu of long-term rentals in
2220	order to protect against fraud and abuse in the Medicaid program
2221	as defined in s. 409.913. The agency may seek federal waivers
2222	necessary to administer these policies.
2223	(32)  Each managed care plan that is under contract with
2224	the agency to provide health care services to Medicaid
2225	recipients shall annually conduct a background check with the
2226	Florida Department of Law Enforcement of all persons with
2227	ownership interest of 5 percent or more or executive management
2228	responsibility for the managed care plan and shall submit to the
2229	agency information concerning any such person who has been found
2230	guilty of, regardless of adjudication, or has entered a plea of
2231	nolo contendere or guilty to, any of the offenses listed in s.
2232	435.04 435.03.
2233	Section 46.  Paragraph (e) of subsection (1) of section
2234	464.018, Florida Statutes, is amended to read:
2235	464.018  Disciplinary actions.-
2236	(1)  The following acts constitute grounds for denial of a
2237	license or disciplinary action, as specified in s. 456.072(2):
2238	(e)  Having been found guilty of, regardless of
2239	adjudication, or entered a plea of nolo contendere or guilty to,
2240	any offense prohibited under s. 435.04 435.03 or under any
2241	similar statute of another jurisdiction; or having committed an
2242	act which constitutes domestic violence as defined in s. 741.28.
2243	Section 47.  Paragraph (m) of subsection (1) of section
2244	468.3101, Florida Statutes, is amended to read:
2245	468.3101  Disciplinary grounds and actions.-
2246	(1)  The department may make or require to be made any
2247	investigations, inspections, evaluations, and tests, and require
2248	the submission of any documents and statements, which it
2249	considers necessary to determine whether a violation of this
2250	part has occurred. The following acts shall be grounds for
2251	disciplinary action as set forth in this section:
2252	(m)  Having been found guilty of, regardless of
2253	adjudication, or pleading guilty or nolo contendere to, any
2254	offense prohibited under s. 435.04 435.03 or under any similar
2255	statute of another jurisdiction.
2256	Section 48.  Subsection (3) of section 744.309, Florida
2257	Statutes, is amended to read:
2258	744.309  Who may be appointed guardian of a resident ward.-
2259	(3)  DISQUALIFIED PERSONS.-No person who has been convicted
2260	of a felony or who, from any incapacity or illness, is incapable
2261	of discharging the duties of a guardian, or who is otherwise
2262	unsuitable to perform the duties of a guardian, shall be
2263	appointed to act as guardian. Further, no person who has been
2264	judicially determined to have committed abuse, abandonment, or
2265	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2266	(2), and (37), or who has been found guilty of, regardless of
2267	adjudication, or entered a plea of nolo contendere or guilty to,
2268	any offense prohibited under s. 435.04 435.03 or under any
2269	similar statute of another jurisdiction, shall be appointed to
2270	act as a guardian. Except as provided in subsection (5) or
2271	subsection (6), a person who provides substantial services to
2272	the proposed ward in a professional or business capacity, or a
2273	creditor of the proposed ward, may not be appointed guardian and
2274	retain that previous professional or business relationship. A
2275	person may not be appointed a guardian if he or she is in the
2276	employ of any person, agency, government, or corporation that
2277	provides service to the proposed ward in a professional or
2278	business capacity, except that a person so employed may be
2279	appointed if he or she is the spouse, adult child, parent, or
2280	sibling of the proposed ward or the court determines that the
2281	potential conflict of interest is insubstantial and that the
2282	appointment would clearly be in the proposed ward's best
2283	interest. The court may not appoint a guardian in any other
2284	circumstance in which a conflict of interest may occur.
2285	Section 49.  Subsection (12) of section 744.474, Florida
2286	Statutes, is amended to read:
2287	744.474  Reasons for removal of guardian.-A guardian may be
2288	removed for any of the following reasons, and the removal shall
2289	be in addition to any other penalties prescribed by law:
2290	(12)  Having been found guilty of, regardless of
2291	adjudication, or entered a plea of nolo contendere or guilty to,
2292	any offense prohibited under s. 435.04 435.03 or under any
2293	similar statute of another jurisdiction.
2294	Section 50.  Paragraph (a) of subsection (6) of section
2295	985.04, Florida Statutes, is amended to read:
2296	985.04  Oaths; records; confidential information.-
2297	(6)(a)  Records maintained by the department, including
2298	copies of records maintained by the court, which pertain to a
2299	child found to have committed a delinquent act which, if
2300	committed by an adult, would be a crime specified in s. ss.
2301	435.03 and 435.04 may not be destroyed under this section for a
2302	period of 25 years after the youth's final referral to the
2303	department, except in cases of the death of the child. Such
2304	records, however, shall be sealed by the court for use only in
2305	meeting the screening requirements for personnel in s. 402.3055
2306	and the other sections cited above, or under departmental rule;
2307	however, current criminal history information must be obtained
2308	from the Department of Law Enforcement in accordance with s.
2309	943.053. The information shall be released to those persons
2310	specified in the above cited sections for the purposes of
2311	complying with those sections. The court may punish by contempt
2312	any person who releases or uses the records for any unauthorized
2313	purpose.
2314	Section 51.  The changes made by this act are intended to
2315	be prospective in nature. It is not intended that persons who
2316	are employed or licensed on the effective date of this act be
2317	rescreened until such time as they are otherwise required to be
2318	rescreened pursuant to law, at which time they must meet the
2319	requirements for screening as set forth in this act.
2320	Section 52.  This act shall take effect July 1, 2010.

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