Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 130
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2021           .                                

       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 196 - 249
    4  and insert:
    5  department shall screen the results to determine if a peer
    6  specialist meets certification requirements. The applicant is
    7  responsible for all fees charged in connection with state and
    8  federal fingerprint processing and retention. The state cost for
    9  fingerprint processing shall be as provided in s. 943.053(3)(e)
   10  for records provided to persons or entities other than those
   11  specified as exceptions therein. Fingerprints submitted to the
   12  Department of Law Enforcement pursuant to this paragraph shall
   13  be retained as provided in s. 435.12 and, when the Department of
   14  Law Enforcement begins participation in the program, enrolled in
   15  the Federal Bureau of Investigation’s national retained
   16  fingerprint arrest notification program, as provided in s.
   17  943.05(4). Any arrest record identified must be reported to the
   18  department.
   19         (b) The department or the Agency for Health Care
   20  Administration, as applicable, may contract with one or more
   21  vendors to perform all or part of the electronic fingerprinting
   22  pursuant to this section. Such contracts must ensure that the
   23  owners and personnel of the vendor performing the electronic
   24  fingerprinting are qualified and will ensure the integrity and
   25  security of all personal identifying information.
   26         (c) Vendors who submit fingerprints on behalf of employers
   27  must:
   28         1. Meet the requirements of s. 943.053; and
   29         2. Have the ability to communicate electronically with the
   30  state agency accepting screening results from the Department of
   31  Law Enforcement and provide the applicant’s full first name,
   32  middle initial, and last name; social security number or
   33  individual taxpayer identification number; date of birth;
   34  mailing address; sex; and race.
   35         (d) The background screening conducted under this
   36  subsection must ensure that a peer specialist has not, during
   37  the previous 3 years, been arrested for and is awaiting final
   38  disposition of, been found guilty of, regardless of
   39  adjudication, or entered a plea of nolo contendere or guilty to,
   40  or been adjudicated delinquent and the record has not been
   41  sealed or expunged for, any felony.
   42         (e) The background screening conducted under this
   43  subsection must ensure that a peer specialist has not been found
   44  guilty of, regardless of adjudication, or entered a plea of nolo
   45  contendere or guilty to, or been adjudicated delinquent and the
   46  record has not been sealed or expunged for, any offense
   47  prohibited under any of the following state laws or similar laws
   48  of another jurisdiction:
   49         1. Section 393.135, relating to sexual misconduct with
   50  certain developmentally disabled clients and reporting of such
   51  sexual misconduct.
   52         2. Section 394.4593, relating to sexual misconduct with
   53  certain mental health patients and reporting of such sexual
   54  misconduct.
   55         3. Section 409.920, relating to Medicaid provider fraud, if
   56  the offense was a felony of the first or second degree.
   57         4. Section 415.111, relating to abuse, neglect, or
   58  exploitation of vulnerable adults.
   59         5. Any offense that constitutes domestic violence as
   60  defined in s. 741.28.
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete line 32
   65  and insert:
   66         fingerprints to specified entities; requiring the
   67         department to screen results to determine if the peer
   68         specialist meets the certification requirements;
   69         requiring that