The Florida Senate

397.451  Background checks of service provider personnel who have direct contact with unmarried minor clients or clients who are developmentally disabled.--

(1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.--

(a)  Service provider personnel who have direct contact with unmarried clients under the age of 18 years or with clients who are developmentally disabled are subject to background checks, except as otherwise provided in this section.

(b)  Students in the health care professions who are interning under the actual physical presence supervision of a licensed health care professional in a service provider licensed under chapter 395, where the primary purpose of the service provider is not the treatment of unmarried minors or of persons who are developmentally disabled, are exempt from the fingerprinting and background check requirements.

(c)  Personnel working in a service provider licensed under chapter 395 who have less than 15 hours per week of direct contact with unmarried minors or with persons who are developmentally disabled, or personnel who are health care professionals licensed by the Department of Business and Professional Regulation or a board thereunder who are not employed in a service provider where the primary purpose is the treatment of unmarried minors or of persons who are developmentally disabled are exempt from the fingerprinting and background check requirements.

(d)  Members of a foster family and persons residing with the foster family who are between 12 and 18 years of age are not required to be fingerprinted but must have their backgrounds checked for delinquency records. Members of the foster family and persons residing with the foster family over 18 years of age are subject to full background checks.

(e)  A volunteer who assists on an intermittent basis for fewer than 40 hours per month and is under direct and constant supervision by persons who meet all personnel requirements of this chapter is exempt from fingerprinting and background check requirements.

(f)  Service providers that are exempt from licensing provisions of this chapter are exempt from personnel fingerprinting and background check requirements, except as otherwise provided in this section. A church or nonprofit religious organization exempt from licensure under this chapter is required to comply with personnel fingerprinting and background check requirements.

(g)  Personnel employed by the Department of Corrections in a substance abuse service component who have direct contact with unmarried inmates under the age of 18 or with inmates who are developmentally disabled are exempt from the fingerprinting and background check requirements of this section.

(2)  EMPLOYMENT HISTORY CHECKS; CHECKS OF REFERENCES.--The department shall assess employment history checks and checks of references for all directors, and the directors shall assess employment history checks and checks of references for each employee who has direct contact with unmarried clients under the age of 18 years or with clients who are developmentally disabled.

(3)  MINIMUM BACKGROUND CHECK STANDARDS.--The department shall require employment screening pursuant to chapter 435, using level 2 standards for screening set forth in that chapter, of service provider personnel who have direct contact with unmarried clients under the age of 18 years or with clients who are developmentally disabled.

(4)  PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR RECHECKED.--Service provider personnel who have been fingerprinted or had their backgrounds checked pursuant to chapter 393, chapter 394, chapter 402, or chapter 409, or this section, and teachers who have been fingerprinted pursuant to chapter 231, who have not been unemployed for more than 90 days thereafter and who, under the penalty of perjury, attest to the completion of such fingerprinting or background checks and to compliance with the provisions of this section and the standards contained in chapter 435 and this section, are not required to be refingerprinted or rechecked in order to comply with service provider personnel fingerprinting or background check requirements.

(5)  EXEMPTIONS FROM DISQUALIFICATION.--

(a)  The department may grant to any service provider personnel an exemption from disqualification from working with children or the developmentally disabled as provided in s. 435.07.

(b)  Since rehabilitated substance abuse impaired persons are effective in the successful treatment and rehabilitation of substance abuse impaired adolescents, for service providers which treat adolescents 13 years of age and older, service provider personnel whose background checks indicate crimes under s. 817.563, s. 893.13, or s. 893.147 may be exempted from disqualification from employment pursuant to this paragraph.

(6)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE CRIMINAL RECORDS CHECKS.--The employing service provider or the personnel who are having their backgrounds checked are responsible for paying the costs of processing fingerprints and criminal records checks.

(7)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State funds may not be disseminated to any service provider owned or operated by an owner or director who has been convicted of, has entered a plea of guilty or nolo contendere to, or has had adjudication withheld for, a violation of s. 893.135 pertaining to trafficking in controlled substances, or a violation of the law of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction which is substantially similar in elements and penalties to a trafficking offense in this state, unless the owner's or director's civil rights have been restored.

History.--s. 3, ch. 93-39; s. 20, ch. 94-134; s. 20, ch. 94-135; s. 46, ch. 94-218; s. 16, ch. 95-152; s. 13, ch. 95-158; s. 36, ch. 95-228; s. 2, ch. 95-407; s. 126, ch. 95-418; s. 9, ch. 96-268; s. 222, ch. 96-406; s. 10, ch. 99-188; s. 12, ch. 2000-320.