Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 208
       
       
       
       
       
       
                                Barcode 236046                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                
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       The Committee on Criminal Justice (Smith) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 32 - 92
    4  and insert:
    5         (a) Has been convicted of, or entered a plea of guilty or
    6  nolo contendere to, regardless of adjudication, a felony under
    7  chapter 409, chapter 817, or chapter 893, or a similar felony
    8  offense committed in another state or jurisdiction, unless the
    9  candidate or applicant has successfully completed a drug court
   10  program for that felony and provides proof that the plea has
   11  been withdrawn or the charges have been dismissed. Any such
   12  conviction or plea shall exclude the applicant or candidate from
   13  licensure, examination, certification, or registration 21 U.S.C.
   14  ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the sentence and
   15  any subsequent period of probation for such conviction or plea
   16  pleas ended: more than 15 years prior to the date of the
   17  application;
   18         1. For felonies of the first or second degree, more than 15
   19  years before the date of application.
   20         2. For felonies of the third degree, more than 10 years
   21  before the date of application, except for felonies of the third
   22  degree under s. 893.13(6)(a).
   23         3. For felonies of the third degree under s. 893.13(6)(a),
   24  more than 5 years before the date of application;
   25         (b) Has been convicted of, or entered a plea of guilty or
   26  nolo contendere to, regardless of adjudication, a felony under
   27  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
   28  sentence and any subsequent period of probation for such
   29  conviction or plea ended more than 15 years before the date of
   30  the application;
   31         (c)(b)Has been terminated for cause from the Florida
   32  Medicaid program pursuant to s. 409.913, unless the candidate or
   33  applicant has been in good standing with the Florida Medicaid
   34  program for the most recent 5 years;
   35         (d)(c)Has been terminated for cause, pursuant to the
   36  appeals procedures established by the state or Federal
   37  Government, from any other state Medicaid program or the federal
   38  Medicare program, unless the candidate or applicant has been in
   39  good standing with a state Medicaid program or the federal
   40  Medicare program for the most recent 5 years and the termination
   41  occurred at least 20 years before prior to the date of the
   42  application; or.
   43         (e) Is currently listed on the United States Department of
   44  Health and Human Services Office of Inspector General’s List of
   45  Excluded Individuals and Entities.
   46  
   47  This subsection does not apply to candidates or applicants for
   48  initial licensure or certification who were enrolled in an
   49  educational or training program on or before July 1, 2009, which
   50  was recognized by a board or, if there is no board, recognized
   51  by the department, and who applied for licensure after July 1,
   52  2012.
   53         (3) The department shall refuse to renew a license,
   54  certificate, or registration of any applicant if the applicant
   55  or any principal, officer, agent, managing employee, or
   56  affiliated person of the applicant:
   57         (a) Has been convicted of, or entered a plea of guilty or
   58  nolo contendere to, regardless of adjudication, a felony under
   59  chapter 409, chapter 817, or chapter 893, or a similar felony
   60  offense committed in another state or jurisdiction, unless the
   61  applicant is currently enrolled in a drug court program that
   62  allows the withdrawal of the plea for that felony upon
   63  successful completion of that program. Any such conviction or
   64  plea excludes the applicant or candidate from licensure,
   65  examination, certification, or registration unless the sentence
   66  and any subsequent period of probation for such conviction or
   67  plea ended: