Bill Text: FL S1520 | 2010 | Regular Session | Comm Sub
Bill Title: Screening [SPSC]
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00959; Amendment(s) adopted (886258, 636420, 348828, 343964) -SJ 00959; Substituted CS/HB 7069 -SJ 00960; Laid on Table, companion bill(s) passed, see CS/HB 7069 (Ch. 2010-114), CS/HB 951 (Ch. 2010-62), CS/HB 5401 (Ch. 2010-162) -SJ 00960 [S1520 Detail]
Download: Florida-2010-S1520-Comm_Sub.html
Florida Senate - 2010 CS for CS for CS for SB 1520 By the Committees on Health and Human Services Appropriations; Criminal Justice; and Children, Families, and Elder Affairs; and Senators Storms and Crist 603-04870-10 20101520c3 1 A bill to be entitled 2 An act relating to screening; amending s. 39.001, 3 F.S.; revising an exemption from screening 4 requirements for volunteers who assist providers under 5 contract with the Department of Children and Family 6 Services; amending s. 39.821, F.S.; revising 7 background screening requirements for the Guardian Ad 8 Litem Program; amending s. 215.5586, F.S.; removing 9 reference to ch. 435, F.S., for background screening 10 of hurricane mitigation inspectors; amending s. 11 393.0655, F.S.; revising an exemption from screening 12 requirements for volunteers; removing a temporary 13 exemption from screening requirements for direct 14 service providers awaiting completion of a background 15 screening; adding additional disqualifying offenses 16 for the screening of direct service providers for 17 persons with developmental disabilities; amending s. 18 394.4572, F.S.; revising background screening 19 requirements for mental health personnel; amending s. 20 400.215, F.S.; revising background screening 21 requirements for nursing home personnel; amending s. 22 400.506, F.S.; conforming provisions to changes made 23 by the act; amending s. 400.512, F.S.; revising 24 background screening requirements for home health 25 agency personnel, nurse registry personnel, and 26 companions and homemakers; amending s. 400.6065, F.S.; 27 revising background screening requirements for hospice 28 personnel; amending s. 400.801, F.S.; revising 29 background screening requirements for personnel at 30 homes for special services; amending s. 400.805, F.S.; 31 revising background screening requirements for 32 transitional living facility personnel; creating s. 33 400.9065, F.S.; providing background screening 34 requirements for prescribed pediatric extended care 35 center personnel; amending s. 400.934, F.S.; revising 36 minimum standards for home medical equipment 37 providers; amending s. 400.953, F.S.; revising 38 background screening requirements for home medical 39 equipment provider personnel; repealing s. 400.955, 40 F.S., relating to the procedures for screening of home 41 medical equipment provider personnel; amending s. 42 400.964, F.S.; revising background screening 43 requirements for personnel at intermediate care 44 facilities for developmentally disabled persons; 45 amending s. 400.980, F.S.; revising background 46 screening requirements for personnel at health care 47 services pools; amending s. 400.991, F.S.; revising 48 background screening requirements for applicants and 49 personnel at health care clinics; amending s. 408.806, 50 F.S.; adding a requirement for an affidavit relating 51 to background screening to the license application 52 process under the Agency for Health Care 53 Administration; amending s. 408.808, F.S.; conforming 54 provisions to changes made by the act; amending s. 55 408.809, F.S.; revising background screening 56 requirements under the Agency for Health Care 57 Administration; requiring electronic submission of 58 fingerprints; amending s. 402.302, F.S.; revising 59 exemptions from screening requirements for volunteers 60 and students; amending s. 409.175, F.S.; revising an 61 exemption from screening requirements for volunteers; 62 revising background screening requirements for 63 employees and volunteers in summer day camps and 64 summer 24-hour camps; requiring periodic drug testing 65 for licensed foster parents; requiring payment by the 66 foster parent; amending s. 409.221, F.S.; revising 67 background screening requirements for persons who 68 render consumer-directed care; amending s. 409.907, 69 F.S.; revising background screening requirements for 70 Medicaid providers; amending s. 409.912, F.S.; 71 requiring Medicaid providers to obtain a level 2 72 background screening for each provider employee in 73 direct contact with or providing direct services to 74 Medicaid recipients; amending s. 411.01, F.S.; 75 requiring school districts to make a list of eligible 76 substitute teachers available to early learning 77 coalitions; amending s. 429.14, F.S.; revising 78 administrative penalty provisions relating to assisted 79 living facilities; amending s. 429.174, F.S.; revising 80 background screening requirements for assisted living 81 facility personnel; amending s. 429.67, F.S.; revising 82 licensure requirements for adult family-care home 83 personnel and household members; amending s. 429.69, 84 F.S.; revising background screening requirements for 85 adult family-care home personnel; amending s. 429.911, 86 F.S.; revising administrative penalty provisions 87 relating to adult day care centers; amending s. 88 429.919, F.S.; revising background screening 89 requirements for adult day care center personnel; 90 creating s. 430.0402, F.S.; providing background 91 screening requirements for direct service providers 92 under the Department of Elderly Affairs; amending s. 93 435.01, F.S.; revising provisions related to the 94 applicability of ch. 435, F.S., statutory references 95 to the chapter, and rulemaking; providing construction 96 with respect to the doctrine of incorporation by 97 reference; amending s. 435.02, F.S.; revising and 98 adding definitions; amending s. 435.03, F.S.; revising 99 level 1 screening standards; adding disqualifying 100 offenses; amending s. 435.04, F.S.; revising level 2 101 screening standards; requiring electronic submission 102 of fingerprints after a certain date; authorizing 103 agencies to contract for electronic fingerprinting; 104 adding disqualifying offenses; amending s. 435.05, 105 F.S.; revising background check requirements for 106 covered employees and employers; amending s. 435.06, 107 F.S.; revising provisions relating to exclusion from 108 employment; providing that an employer may not hire, 109 select, or otherwise allow an employee contact with 110 any vulnerable person until the screening process is 111 completed; requiring removal of an employee arrested 112 for disqualifying offenses from roles requiring 113 background screening until the employee’s eligibility 114 for employment is determined; amending s. 435.07, 115 F.S.; revising provisions relating to exemptions from 116 disqualification; amending s. 435.08, F.S.; revising 117 provisions relating to the payment for processing of 118 fingerprints and criminal history records checks; 119 amending s. 464.203, F.S.; conforming provisions to 120 changes made by the act; amending s. 489.115, F.S.; 121 removing reference to ch. 435, F.S., for background 122 screening of construction contractors; amending s. 123 943.05, F.S.; revising provisions relating to the 124 Criminal Justice Information Program under the 125 Department of Law Enforcement; authorizing agencies to 126 request the retention of certain fingerprints by the 127 department; providing for rulemaking to require 128 employers to keep the agencies informed of any change 129 in the affiliation, employment, or contractual status 130 of each person whose fingerprints are retained in 131 certain circumstances; providing departmental duties 132 upon notification that a federal fingerprint retention 133 program is in effect; amending s. 943.053, F.S.; 134 removing obsolete references relating to the 135 dissemination of criminal justice information; 136 amending s. 984.01, F.S.; revising an exemption from 137 screening requirements for volunteers who assist with 138 programs for children; amending s. 985.644, F.S.; 139 revising background screening requirements for the 140 Department of Juvenile Justice; authorizing 141 rulemaking; amending ss. 381.60225, 409.912, 464.018, 142 468.3101, 744.309, 744.474, and 985.04, F.S.; 143 conforming provisions to changes made to ch. 435, 144 F.S., by the act; repealing s. 409.1758, F.S., 145 relating to screening of summer camp personnel; 146 repealing s. 456.039(4)(d), F.S., relating to 147 information required for licensure of designated 148 health care professionals; providing for prospective 149 application of the act; providing an effective date. 150 151 Be It Enacted by the Legislature of the State of Florida: 152 153 Section 1. Paragraph (a) of subsection (2) of section 154 39.001, Florida Statutes, is amended to read: 155 39.001 Purposes and intent; personnel standards and 156 screening.— 157 (2) DEPARTMENT CONTRACTS.—The department may contract with 158 the Federal Government, other state departments and agencies, 159 county and municipal governments and agencies, public and 160 private agencies, and private individuals and corporations in 161 carrying out the purposes of, and the responsibilities 162 established in, this chapter. 163 (a) When the department contracts with a provider for any 164 program for children, all personnel, including owners, 165 operators, employees, and volunteers, in the facility must be of 166 good moral character. A volunteer who assists on an intermittent 167 basis for less than 1040hours per month need not be screened, 168 provided a person who meets the screening requirement of this 169 section is always present and has the volunteer within his or 170 her line of sightif the volunteer is under direct and constant171supervision by persons who meet the screening requirements. 172 Section 2. Subsection (1) of section 39.821, Florida 173 Statutes, is amended to read: 174 39.821 Qualifications of guardians ad litem.— 175 (1) Because of the special trust or responsibility placed 176 in a guardian ad litem, the Guardian Ad Litem Program may use 177 any private funds collected by the program, or any state funds 178 so designated, to conduct a security background investigation 179 before certifying a volunteer to serve. A security background 180 investigation must include, but need not be limited to, 181 employment history checks, checks of references, local criminal 182 records checks through local law enforcement agencies, and 183 statewide criminal records checks through the Department of Law 184 Enforcement. Upon request, an employer shall furnish a copy of 185 the personnel record for the employee or former employee who is 186 the subject of a security background investigation conducted 187 under this section. The information contained in the personnel 188 record may include, but need not be limited to, disciplinary 189 matters and the reason why the employee was terminated from 190 employment. An employer who releases a personnel record for 191 purposes of a security background investigation is presumed to 192 have acted in good faith and is not liable for information 193 contained in the record without a showing that the employer 194 maliciously falsified the record. A security background 195 investigation conducted under this section must ensure that a 196 person is not certified as a guardian ad litem if the person has 197 been convicted of, regardless of adjudication, or entered a plea 198 of nolo contendere or guilty to, any offense prohibited under 199 the provisions listed in s. 435.04. All applicants certified on 200 or after August 1, 2010, must undergo a level 2 background 201 screening pursuant to chapter 435 before being certifiedthe202provisions of the Florida Statutes specified in s.435.04(2) or203under any similar law in another jurisdiction. Before certifying204an applicantto serve as a guardian ad litem, the Guardian Ad205Litem Program may request a federal criminal records check of206the applicant through the Federal Bureau of Investigation. In 207 analyzing and evaluating the information obtained in the 208 security background investigation, the program must give 209 particular emphasis to past activities involving children, 210 including, but not limited to, child-related criminal offenses 211 or child abuse. The program has the sole discretion in 212 determining whether to certify a person based on his or her 213 security background investigation. The information collected 214 pursuant to the security background investigation is 215 confidential and exempt from s. 119.07(1). 216 Section 3. Paragraph (b) of subsection (1) of section 217 215.5586, Florida Statutes, is amended to read: 218 215.5586 My Safe Florida Home Program.—There is established 219 within the Department of Financial Services the My Safe Florida 220 Home Program. The department shall provide fiscal 221 accountability, contract management, and strategic leadership 222 for the program, consistent with this section. This section does 223 not create an entitlement for property owners or obligate the 224 state in any way to fund the inspection or retrofitting of 225 residential property in this state. Implementation of this 226 program is subject to annual legislative appropriations. It is 227 the intent of the Legislature that the My Safe Florida Home 228 Program provide trained and certified inspectors to perform 229 inspections for owners of site-built, single-family, residential 230 properties and grants to eligible applicants as funding allows. 231 The program shall develop and implement a comprehensive and 232 coordinated approach for hurricane damage mitigation that may 233 include the following: 234 (1) HURRICANE MITIGATION INSPECTIONS.— 235 (b) To qualify for selection by the department as a wind 236 certification entity to provide hurricane mitigation 237 inspections, the entity shall, at a minimum, meet the following 238 requirements: 239 1. Use hurricane mitigation inspectors who: 240 a. Are certified as a building inspector under s. 468.607; 241 b. Are licensed as a general or residential contractor 242 under s. 489.111; 243 c. Are licensed as a professional engineer under s. 471.015 244 and who have passed the appropriate equivalency test of the 245 building code training program as required by s. 553.841; 246 d. Are licensed as a professional architect under s. 247 481.213; or 248 e. Have at least 2 years of experience in residential 249 construction or residential building inspection and have 250 received specialized training in hurricane mitigation 251 procedures. Such training may be provided by a class offered 252 online or in person. 253 2. Use hurricane mitigation inspectors who also: 254 a. Have undergone drug testing and alevel 2background 255 screeningchecks pursuant to s.435.04. The department may 256 conduct criminal record checks of inspectors used by wind 257 certification entities. Inspectors must submit a set of the 258 fingerprints to the department for state and national criminal 259 history checks and must pay the fingerprint processing fee set 260 forth in s. 624.501. The fingerprints shall be sent by the 261 department to the Department of Law Enforcement and forwarded to 262 the Federal Bureau of Investigation for processing. The results 263 shall be returned to the department for screening. The 264 fingerprints shall be taken by a law enforcement agency, 265 designated examination center, or other department-approved 266 entity; and 267 b. Have been certified, in a manner satisfactory to the 268 department, to conduct the inspections. 269 3. Provide a quality assurance program including a 270 reinspection component. 271 Section 4. Paragraphs (a) and (e) of subsection (1) of 272 section 393.0655, Florida Statutes, are amended, and subsection 273 (5) is added to that section, to read: 274 393.0655 Screening of direct service providers.— 275 (1) MINIMUM STANDARDS.—The agency shall require level 2 276 employment screening pursuant to chapter 435 for direct service 277 providers who are unrelated to their clients, including support 278 coordinators, and managers and supervisors of residential 279 facilities or comprehensive transitional education programs 280 licensed under this chapter and any other person, including 281 volunteers, who provide care or services, who have access to a 282 client’s living areas, or who have access to a client’s funds or 283 personal property. Background screening shall include employment 284 history checks as provided in s. 435.03(1) and local criminal 285 records checks through local law enforcement agencies. 286 (a) A volunteer who assists on an intermittent basis for 287 less than 1040hours per month does not have to be screened, 288 provided a person who meets the screening requirement of this 289 section is always present and has the volunteer within his or 290 her line of sightif the volunteer is under the direct and291constant visual supervision of persons who meet the screening292requirements of this section. 293(e)A direct service provider who is awaiting the294completion of background screening is temporarily exempt from295the screening requirements under this section if the provider is296under the direct and constant visual supervision of persons who297meet the screening requirements of this section. Such exemption298expires 90 days after the direct service provider first provides299care or services to clients, has access to a client’s living300areas, or has access to a client’s funds or personal property.301 (5) DISQUALIFYING OFFENSES.—The background screening 302 conducted under this section must ensure that, in addition to 303 the disqualifying offenses listed in s. 435.04, no person 304 subject to the provisions of this section has an arrest awaiting 305 final disposition for, has been found guilty of, regardless of 306 adjudication, or entered a plea of nolo contendere or guilty to, 307 or has been adjudicated delinquent and the record has not been 308 sealed or expunged for, any offense prohibited under any of the 309 following provisions of the Florida Statutes or under any 310 similar statute of another jurisdiction: 311 (a) Any authorizing statutes, if the offense was a felony. 312 (b) This chapter, if the offense was a felony. 313 (c) Section 409.920, relating to Medicaid provider fraud. 314 (d) Section 409.9201, relating to Medicaid fraud. 315 (e) Section 817.034, relating to fraudulent acts through 316 mail, wire, radio, electromagnetic, photoelectronic, or 317 photooptical systems. 318 (f) Section 817.234, relating to false and fraudulent 319 insurance claims. 320 (g) Section 817.505, relating to patient brokering. 321 (h) Section 817.568, relating to criminal use of personal 322 identification information. 323 (i) Section 817.60, relating to obtaining a credit card 324 through fraudulent means. 325 (j) Section 817.61, relating to fraudulent use of credit 326 cards, if the offense was a felony. 327 (k) Section 831.01, relating to forgery. 328 (l) Section 831.02, relating to uttering forged 329 instruments. 330 (m) Section 831.07, relating to forging bank bills, checks, 331 drafts, or promissory notes. 332 (n) Section 831.09, relating to uttering forged bank bills, 333 checks, drafts, or promissory notes. 334 Section 5. Section 394.4572, Florida Statutes, is amended 335 to read: 336 394.4572 Screening of mental health personnel.— 337 (1)(a) The department and the Agency for Health Care 338 Administration shall require level 2 backgroundemployment339 screening pursuant to chapter 435 for mental health personnel 340using the standards for level 2 screening set forth in chapter341435. “Mental health personnel” includes all program directors, 342 professional clinicians, staff members, and volunteers working 343 in public or private mental health programs and facilities who 344 have direct contact with individuals held for examination or 345 admitted for mental health treatmentunmarried patients under346the age of 18 years. For purposes of this chapter, employment 347 screening of mental health personnel shall also include, but is 348 not limited to, employment screening as provided under chapter 349 435 and s. 408.809. 350 (b) Students in the health care professions who are 351 interning in a mental health facility licensed under chapter 352 395, where the primary purpose of the facility is not the 353 treatment of minors, are exempt from the fingerprinting and 354 screening requirements if,providedthey are under direct 355 supervision in the actual physical presence of a licensed health 356 care professional. 357(c)Mental health personnel working in a facility licensed358under chapter 395 who have less than 15 hours per week of direct359contact with patients or who are health care professionals360licensed by the Agency for Health Care Administration or a board361thereunder are exempt from the fingerprinting and screening362requirements, except for persons working in mental health363facilities where the primary purpose of the facility is the364treatment of minors.365 (c)(d)A volunteer who assists on an intermittent basis for 366 less than 1040hours per month is exempt from the 367 fingerprinting and screening requirements, provided a person who 368 meets the screening requirement of paragraph (a) is always 369 present and has the volunteer within his or her line of sight 370the volunteer is under direct and constant supervision by371persons who meet the screening requirements of paragraph (a). 372 (2) The department or the Agency for Health Care 373 Administration may grant exemptions from disqualification as 374 provided in chapter 435s.435.06. 375(3) Prospective mental health personnel who have previously376been fingerprinted or screened pursuant to this chapter, chapter377393, chapter 397, chapter 402, or chapter 409, or teachers who378have been fingerprinted pursuant to chapter 1012, who have not379been unemployed for more than 90 days thereafter, and who under380the penalty of perjury attest to the completion of such381fingerprinting or screening and to compliance with the382provisions of this section and the standards for level 1383screening contained in chapter 435, shall not be required to be384refingerprinted or rescreened in order to comply with any385screening requirements of this part.386 Section 6. Section 400.215, Florida Statutes, is amended to 387 read: 388 400.215 Personnel screening requirement.— 389 (1) The agency shall require level 2 background screening 390 for personnel as required in s. 408.809(1)(e) pursuant toas391provided inchapter 435 and s. 408.809.for all employees or392prospective employees of facilities licensed under this part who393are expected to, or whose responsibilities may require them to:394(a) Provide personal care or services to residents;395(b) Have access to resident living areas; or396(c) Have access to resident funds or other personal397property.398 (2)Employers and employees shall comply with the399requirements of s.435.05.400(a) Notwithstanding the provisions of s.435.05(1),401facilities must have in their possession evidence that level 1402screening has been completed before allowing an employee to403begin working with patients as provided in subsection (1). All404information necessary for conducting background screening using405level 1 standards as specified in s.435.03shall be submitted406by the nursing facility to the agency. Results of the background407screening shall be provided by the agency to the requesting408nursing facility.409(b) Employees qualified under the provisions of paragraph410(a) who have not maintained continuous residency within the411state for the 5 years immediately preceding the date of request412for background screening must complete level 2 screening, as413provided in chapter 435. Such employees may work in a414conditional status up to 180 days pending the receipt of written415findings evidencing the completion of level 2 screening. Level 2416screening shall not be required of employees or prospective417employees who attest in writing under penalty of perjury that418they meet the residency requirement. Completion of level 2419screening shall require the employee or prospective employee to420furnish to the nursing facility a full set of fingerprints to421enable a criminal background investigation to be conducted. The422nursing facility shall submit the completed fingerprint card to423the agency. The agency shall establish a record of the request424in the database provided for in paragraph (c) and forward the425request to the Department of Law Enforcement, which is426authorized to submit the fingerprints to the Federal Bureau of427Investigation for a national criminal history records check. The428results of the national criminal history records check shall be429returned to the agency, which shall maintain the results in the430database provided for in paragraph (c). The agency shall notify431the administrator of the requesting nursing facility or the432administrator of any other facility licensed under chapter 393,433chapter 394, chapter 395, chapter 397, chapter 429, or this434chapter, as requested by such facility, as to whether or not the435employee has qualified under level 1 or level 2 screening. An436employee or prospective employee who has qualified under level 2437screening and has maintained such continuous residency within438the state shall not be required to complete a subsequent level 2439screening as a condition of employment at another facility.440(c) The agency shall establish and maintain a database of441background screening information which shall include the results442of both level 1 and level 2 screening. The Department of Law443Enforcement shall timely provide to the agency, electronically,444the results of each statewide screening for incorporation into445the database. The agency shall, upon request from any facility,446agency, or program required by or authorized by law to screen447its employees or applicants, notify the administrator of the448facility, agency, or program of the qualifying or disqualifying449status of the employee or applicant named in the request.450(d) Applicants and employees shall be excluded from451employment pursuant to s.435.06.452(3) The applicant is responsible for paying the fees453associated with obtaining the required screening. Payment for454the screening shall be submitted to the agency. The agency shall455establish a schedule of fees to cover the costs of level 1 and456level 2 screening. Facilities may reimburse employees for these457costs. The Department of Law Enforcement shall charge the agency458for a level 1 or level 2 screening a rate sufficient to cover459the costs of such screening pursuant to s.943.053(3).The 460 agency shall, as allowable, reimburse nursing facilities for the 461 cost of conducting background screening as required by this 462 section. This reimbursement will not be subject to any rate 463 ceilings or payment targets in the Medicaid Reimbursement plan. 464(4)(a) As provided in s.435.07, the agency may grant an465exemption from disqualification to an employee or prospective466employee who is subject to this section and who has not received467a professional license or certification from the Department of468Health.469(b) As provided in s.435.07, the appropriate regulatory470board within the Department of Health, or that department itself471when there is no board, may grant an exemption from472disqualification to an employee or prospective employee who is473subject to this section and who has received a professional474license or certification from the Department of Health or a475regulatory board within that department.476(5) Any provision of law to the contrary notwithstanding,477persons who have been screened and qualified as required by this478section and who have not been unemployed for more than 180 days479thereafter, and who under penalty of perjury attest to not480having been convicted of a disqualifying offense since the481completion of such screening, shall not be required to be482rescreened. An employer may obtain, pursuant to s.435.10,483written verification of qualifying screening results from the484previous employer or other entity which caused such screening to485be performed.486(6) The agency and the Department of Health shall have487authority to adopt rules pursuant to the Administrative488Procedure Act to implement this section.489(7) All employees shall comply with the requirements of490this section by October 1, 1998. No current employee of a491nursing facility as of the effective date of this act shall be492required to submit to rescreening if the nursing facility has in493its possession written evidence that the person has been494screened and qualified according to level 1 standards as495specified in s.435.03(1). Any current employee who meets the496level 1 requirement but does not meet the 5-year residency497requirement as specified in this section must provide to the498employing nursing facility written attestation under penalty of499perjury that the employee has not been convicted of a500disqualifying offense in another state or jurisdiction. All501applicants hired on or after October 1, 1998, shall comply with502the requirements of this section.503(8) There is no monetary or unemployment liability on the504part of, and no cause of action for damages arising against an505employer that, upon notice of a disqualifying offense listed506under chapter 435 or an act of domestic violence, terminates the507employee against whom the report was issued, whether or not the508employee has filed for an exemption with the Department of509Health or the Agency for Health Care Administration.510 Section 7. Subsection (9) of section 400.506, Florida 511 Statutes, is amended to read: 512 400.506 Licensure of nurse registries; requirements; 513 penalties.— 514 (9) Each nurse registry must comply with the background 515 screening requirementsprocedures set forthin s. 400.512 for 516maintaining records of the work history ofall persons referred 517 for contractand is subject to the standards and conditions set518forth in that section. However, an initial screening may not be 519 required for persons who have been continuously registered with 520 the nurse registry since October 1, 2000. 521 Section 8. Section 400.512, Florida Statutes, is amended to 522 read: 523 400.512 Screening of home health agency personnel; nurse 524 registry personnel and contractors; and companions and 525 homemakers.—The agency, registry, or service shall require level 526 2 background screening for employees or contractors as required 527 in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 528employment or contractor screening as provided in chapter 435,529using the level 1 standards for screening set forth in that530chapter, for home health agency personnel; persons referred for531employment by nurse registries; and persons employed by532companion or homemaker services registered under s.400.509. 533(1)(a) The Agency for Health Care Administration may, upon534request, grant exemptions from disqualification from employment535or contracting under this section as provided in s.435.07,536except for health care practitioners licensed by the Department537of Health or a regulatory board within that department.538(b) The appropriate regulatory board within the Department539of Health, or that department itself when there is no board,540may, upon request of the licensed health care practitioner,541grant exemptions from disqualification from employment or542contracting under this section as provided in s.435.07.543(2) The administrator of each home health agency, the544managing employee of each nurse registry, and the managing545employee of each companion or homemaker service registered under546s.400.509must sign an affidavit annually, under penalty of547perjury, stating that all personnel hired or contracted with or548registered on or after October 1, 2000, who enter the home of a549patient or client in their service capacity have been screened.550(3) As a prerequisite to operating as a home health agency,551nurse registry, or companion or homemaker service under s.552400.509, the administrator or managing employee, respectively,553must submit to the agency his or her name and any other554information necessary to conduct a complete screening according555to this section. The agency shall submit the information to the556Department of Law Enforcement for state processing. The agency557shall review the record of the administrator or manager with558respect to the offenses specified in this section and shall559notify the owner of its findings. If disposition information is560missing on a criminal record, the administrator or manager, upon561request of the agency, must obtain and supply within 30 days the562missing disposition information to the agency. Failure to supply563missing information within 30 days or to show reasonable efforts564to obtain such information will result in automatic565disqualification.566(4) Proof of compliance with the screening requirements of567chapter 435 shall be accepted in lieu of the requirements of568this section if the person has been continuously employed or569registered without a breach in service that exceeds 180 days,570the proof of compliance is not more than 2 years old, and the571person has been screened by the Department of Law Enforcement. A572home health agency, nurse registry, or companion or homemaker573service registered under s.400.509shall directly provide proof574of compliance to another home health agency, nurse registry, or575companion or homemaker service registered under s.400.509. The576recipient home health agency, nurse registry, or companion or577homemaker service registered under s.400.509may not accept any578proof of compliance directly from the person who requires579screening. Proof of compliance with the screening requirements580of this section shall be provided upon request to the person581screened by the home health agencies; nurse registries; or582companion or homemaker services registered under s.400.509.583(5) There is no monetary liability on the part of, and no584cause of action for damages arises against, a licensed home585health agency, licensed nurse registry, or companion or586homemaker service registered under s.400.509, that, upon notice587that the employee or contractor has been found guilty of,588regardless of adjudication, or entered a plea of nolo contendere589or guilty to, any offense prohibited under s.435.03or under590any similar statute of another jurisdiction, terminates the591employee or contractor, whether or not the employee or592contractor has filed for an exemption with the agency in593accordance with chapter 435 and whether or not the time for594filing has expired.595(6) The costs of processing the statewide correspondence596criminal records checks must be borne by the home health agency;597the nurse registry; or the companion or homemaker service598registered under s.400.509, or by the person being screened, at599the discretion of the home health agency, nurse registry, or s.600400.509registrant.601 Section 9. Section 400.6065, Florida Statutes, is amended 602 to read: 603 400.6065 Background screening.—The agency shall require 604 level 2 backgroundemployment or contractorscreening for 605 personnel as required in s. 408.809(1)(e) pursuant to chapter 606 435 and s. 408.809as provided in chapter 435, using the level 1607standards for screening set forth in that chapter, for hospice608personnel. 609 Section 10. Subsection (2) of section 400.801, Florida 610 Statutes, is amended to read: 611 400.801 Homes for special services.— 612 (2)(a) The requirements of part II of chapter 408 apply to 613 the provision of services that require licensure pursuant to 614 this section and part II of chapter 408 and entities licensed by 615 or applying for such licensure from the agency pursuant to this 616 section. A license issued by the agency is required in order to 617 operate a home for special services in this state. 618 (b) The agency shall require level 2 background screening 619 for personnel as required in s. 408.809(1)(e) pursuant to 620 chapter 435 and s. 408.809. 621 Section 11. Paragraph (d) is added to subsection (2) of 622 section 400.805, Florida Statutes, to read: 623 400.805 Transitional living facilities.— 624 (2) 625 (d) The agency shall require level 2 background screening 626 for personnel as required in s. 408.809(1)(e) pursuant to 627 chapter 435 and s. 408.809. 628 Section 12. Section 400.9065, Florida Statutes, is created 629 to read: 630 400.9065 Background screening.—The agency shall require 631 level 2 background screening for personnel as required in s. 632 408.809(1)(e) pursuant to chapter 435 and s. 408.809. 633 Section 13. Subsection (16) of section 400.934, Florida 634 Statutes, is amended to read: 635 400.934 Minimum standards.—As a requirement of licensure, 636 home medical equipment providers shall: 637 (16) Establish procedures for maintaining a record of the 638 employment history, including background screening as required 639 by ss.s.400.953 and 408.809(1) and chapter 435,of all home 640 medical equipment provider personnel. A home medical equipment 641 provider must require its personnel to submit an employment 642 history to the home medical equipment provider and must verify 643 the employment history for at least the previous 5 years, unless 644 through diligent efforts such verification is not possible. 645 There is no monetary liability on the part of, and no cause of 646 action for damages arising against a former employer, a 647 prospective employee, or a prospective independent contractor 648 with a licensed home medical equipment provider, who reasonably 649 and in good faith communicates his or her honest opinions about 650 a former employee’s job performance. This subsection does not 651 affect the official immunity of an officer or employee of a 652 public corporation. 653 Section 14. Section 400.953, Florida Statutes, is amended 654 to read: 655 400.953 Background screening of home medical equipment 656 provider personnel.—The agency shall require level 2 background 657 screening for personnel as required in s. 408.809(1)(e) pursuant 658 to chapter 435 and s. 408.809employment screening as provided659in chapter 435, using the level 1 standards for screening set660forth in that chapter, for home medical equipment provider661personnel. 662(1) The agency may grant exemptions from disqualification663from employment under this section as provided in s.435.07.664(2) The general manager of each home medical equipment665provider must sign an affidavit annually, under penalty of666perjury, stating that all home medical equipment provider667personnel hired on or after July 1, 1999, who enter the home of668a patient in the capacity of their employment have been screened669and that its remaining personnel have worked for the home670medical equipment provider continuously since before July 1,6711999.672(3) Proof of compliance with the screening requirements of673s.110.1127, s.393.0655, s.394.4572, s.397.451, s.402.305,674s.402.313, s.409.175, s.464.008, or s.985.644or this part675must be accepted in lieu of the requirements of this section if676the person has been continuously employed in the same type of677occupation for which he or she is seeking employment without a678breach in service that exceeds 180 days, the proof of compliance679is not more than 2 years old, and the person has been screened680by the Department of Law Enforcement. An employer or contractor681shall directly provide proof of compliance to another employer682or contractor, and a potential employer or contractor may not683accept any proof of compliance directly from the person684requiring screening. Proof of compliance with the screening685requirements of this section shall be provided, upon request, to686the person screened by the home medical equipment provider.687(4) There is no monetary liability on the part of, and no688cause of action for damages arising against, a licensed home689medical equipment provider that, upon notice that an employee690has been found guilty of, regardless of adjudication, or entered691a plea of nolo contendere or guilty to, any offense prohibited692under s.435.03or under any similar statute of another693jurisdiction, terminates the employee, whether or not the694employee has filed for an exemption with the agency and whether695or not the time for filing has expired.696(5) The costs of processing the statewide correspondence697criminal records checks must be borne by the home medical698equipment provider or by the person being screened, at the699discretion of the home medical equipment provider.700(6) Neither the agency nor the home medical equipment701provider may use the criminal records or juvenile records of a702person for any purpose other than determining whether that703person meets minimum standards of good moral character for home704medical equipment provider personnel.705(7)(a) It is a misdemeanor of the first degree, punishable706as provided in s.775.082or s.775.083, for any person707willfully, knowingly, or intentionally to:7081. Fail, by false statement, misrepresentation,709impersonation, or other fraudulent means, to disclose in any710application for paid employment a material fact used in making a711determination as to the person’s qualifications to be an712employee under this section;7132. Operate or attempt to operate an entity licensed under714this part with persons who do not meet the minimum standards for715good moral character as contained in this section; or7163. Use information from the criminal records obtained under717this section for any purpose other than screening that person718for employment as specified in this section, or release such719information to any other person for any purpose other than720screening for employment under this section.721(b) It is a felony of the third degree, punishable as722provided in s.775.082, s.775.083, or s.775.084, for any723person willfully, knowingly, or intentionally to use information724from the juvenile records of a person obtained under this725section for any purpose other than screening for employment726under this section.727 Section 15. Section 400.955, Florida Statutes, is repealed. 728 Section 16. Section 400.964, Florida Statutes, is amended 729 to read: 730 400.964 Personnel screening requirement.— 731(1)The agency shall require level 2 background screening 732 for personnel as required in s. 408.809(1)(e) pursuant to 733 chapter 435 and s. 408.809as provided in chapter 435 for all734employees or prospective employees of facilities licensed under735this part who are expected to be, or whose responsibilities are736such that they would be considered to be, a direct service737provider. 738(2) Employers and employees shall comply with the739requirements of chapter 435.740(3) Applicants and employees shall be excluded from741employment pursuant to s.435.06.742(4) The applicant is responsible for paying the fees743associated with obtaining the required screening. Payment for744the screening must be submitted to the agency as prescribed by745the agency.746(5) Notwithstanding any other provision of law, persons who747have been screened and qualified as required by this section and748who have not been unemployed for more than 180 days thereafter,749and who under penalty of perjury attest to not having been750convicted of a disqualifying offense since the completion of751such screening are not required to be rescreened. An employer752may obtain, pursuant to s.435.10, written verification of753qualifying screening results from the previous employer or other754entity that caused such screening to be performed.755(6) The agency may adopt rules to administer this section.756(7) All employees must comply with the requirements of this757section by October 1, 2000. A person employed by a facility758licensed pursuant to this part as of the effective date of this759act is not required to submit to rescreening if the facility has760in its possession written evidence that the person has been761screened and qualified according to level 1 standards as762specified in s.435.03. Any current employee who meets the level7631 requirement but does not meet the 5-year residency requirement764must provide to the employing facility written attestation under765penalty of perjury that the employee has not been convicted of a766disqualifying offense in another state or jurisdiction. All767applicants hired on or after October 1, 1999, must comply with768the requirements of this section.769(8) There is no monetary or unemployment liability on the770part of, and no cause of action for damages arises against an771employer that, upon notice of a disqualifying offense listed772under chapter 435 or an act of domestic violence, terminates the773employee, whether or not the employee has filed for an exemption774with the Department of Health or the Agency for Health Care775Administration.776 Section 17. Subsection (3) of section 400.980, Florida 777 Statutes, is amended to read: 778 400.980 Health care services pools.— 779 (3)Upon receipt of a completed, signed, and dated780application,The agency shall require level 2 background 781 screening for personnel as required in s. 408.809(1)(e) pursuant 782 to chapter 435 and s. 408.809, in accordance with the level 1783standards for screening set forth in chapter 435, of every784individual who will have contact with patients. 785 Section 18. Subsection (5) of section 400.991, Florida 786 Statutes, is amended to read: 787 400.991 License requirements; background screenings; 788 prohibitions.— 789 (5)Each applicant for licensure shall comply with the790following requirements:791 (a) As used in this subsection, the term “applicant” means 792 individuals owning or controlling, directly or indirectly, 5 793 percent or more of an interest in a clinic; the medical or 794 clinic director, or a similarly titled person who is responsible 795 for the day-to-day operation of the licensed clinic; the 796 financial officer or similarly titled individual who is 797 responsible for the financial operation of the clinic; and 798 licensed health care practitioners at the clinic. 799 (b)Upon receipt of a completed, signed, and dated800application,The agency shall require level 2 background 801 screening for applicants and personnel as required in s. 802 408.809(1)(e) pursuant to chapter 435 and s. 408.809of the803applicant, in accordance with the level 2 standards for804screening set forth in chapter 435.Proof of compliance with the805level 2 background screening requirements of chapter 435 which806has been submitted within the previous 5 years in compliance807with any other health care licensure requirements of this state808is acceptable in fulfillment of this paragraph. Applicants who809own less than 10 percent of a health care clinic are not810required to submit fingerprints under this section.811 (c) Each applicant must submit to the agency, with the 812 application, a description and explanation of any exclusions, 813 permanent suspensions, or terminations of an applicant from the 814 Medicare or Medicaid programs. Proof of compliance with the 815 requirements for disclosure of ownership and control interest 816 under the Medicaid or Medicare programs may be accepted in lieu 817 of this submission. The description and explanation may indicate 818 whether such exclusions, suspensions, or terminations were 819 voluntary or not voluntary on the part of the applicant. 820(d) A license may not be granted to a clinic if the821applicant has been found guilty of, regardless of adjudication,822or has entered a plea of nolo contendere or guilty to, any823offense prohibited under the level 2 standards for screening set824forth in chapter 435, or a violation of insurance fraud under s.825817.234, within the past 5 years. If the applicant has been826convicted of an offense prohibited under the level 2 standards827or insurance fraud in any jurisdiction, the applicant must show828that his or her civil rights have been restored prior to829submitting an application.830 Section 19. Paragraph (h) is added to subsection (1) of 831 section 408.806, Florida Statutes, to read: 832 408.806 License application process.— 833 (1) An application for licensure must be made to the agency 834 on forms furnished by the agency, submitted under oath, and 835 accompanied by the appropriate fee in order to be accepted and 836 considered timely. The application must contain information 837 required by authorizing statutes and applicable rules and must 838 include: 839 (h) An affidavit, under penalty of perjury, as required in 840 s. 435.05(3), stating compliance with the provisions of this 841 section and chapter 435. 842 Section 20. Subsection (2) of section 408.808, Florida 843 Statutes, is amended to read: 844 408.808 License categories.— 845 (2) PROVISIONAL LICENSE.—A provisional license may be846issued to an applicant pursuant to s.408.809(3).An applicant 847 against whom a proceeding denying or revoking a license is 848 pending at the time of license renewal may be issued a 849 provisional license effective until final action not subject to 850 further appeal. A provisional license may also be issued to an 851 applicant applying for a change of ownership. A provisional 852 license shall be limited in duration to a specific period of 853 time, not to exceed 12 months, as determined by the agency. 854 Section 21. Section 408.809, Florida Statutes, is amended 855 to read: 856 408.809 Background screening; prohibited offenses.— 857 (1) Level 2 background screening pursuant to chapter 435 858 must be conducted through the agency on each of the following 859 persons, who shall be considered an employee for the purposes of 860 conducting screening under chapter 435: 861 (a) The licensee, if an individual. 862 (b) The administrator or a similarly titled person who is 863 responsible for the day-to-day operation of the provider. 864 (c) The financial officer or similarly titled individual 865 who is responsible for the financial operation of the licensee 866 or provider. 867 (d) Any person who is a controlling interest if the agency 868 has reason to believe that such person has been convicted of any 869 offense prohibited by s. 435.04. For each controlling interest 870 who has been convicted of any such offense, the licensee shall 871 submit to the agency a description and explanation of the 872 conviction at the time of license application. 873 (e) Any person, as required by authorizing statutes, 874 seeking employment with a licensee or provider who is expected 875 to, or whose responsibilities may require him or her to, provide 876 personal care or services directly to clients or have access to 877 client funds, personal property, or living areas; and any 878 person, as required by authorizing statutes, contracting with a 879 licensee or provider whose responsibilities require him or her 880 to provide personal care or personal services directly to 881 clients. Evidence of contractor screening may be retained by the 882 contractor’s employer or the licensee. 883 (2) Every 5 years following his or her licensure, 884 employment, or entry into a contract in a capacity that under 885 subsection (1) would require level 2 background screening under 886 chapter 435, each such person must submit to level 2 background 887 rescreening as a condition of retaining such license or 888 continuing in such employment or contractual status. For any 889 such rescreening, the agency shall request the Department of Law 890 Enforcement to forward the person’s fingerprints to the Federal 891 Bureau of Investigation for a national criminal history record 892 check. If the fingerprints of such a person are not retained by 893 the Department of Law Enforcement under s. 943.05(2)(g), the 894 person must file a complete set of fingerprints with the agency 895 and the agency shall forward the fingerprints to the Department 896 of Law Enforcement for state processing, and the Department of 897 Law Enforcement shall forward the fingerprints to the Federal 898 Bureau of Investigation for a national criminal history record 899 check. The fingerprints may be retained by the Department of Law 900 Enforcement under s. 943.05(2)(g). The cost of the state and 901 national criminal history records checks required by level 2 902 screening may be borne by the licensee or the person 903 fingerprinted. Proof of compliance with level 2 screening 904 standards submitted within the previous 5 years to meet any 905 provider or professional licensure requirements of the agency, 906 the Department of Health, the Agency for Persons with 907 Disabilities,orthe Department of Children and Family Services, 908 or the Department of Financial Services for an applicant for a 909 certificate of authority or provisional certificate of authority 910 to operate a continuing care retirement community under chapter 911 651 satisfies the requirements of this section, provided that 912 the person subject to screening has not been unemployed for more 913 than 90 days and such proof is accompanied, under penalty of 914 perjury, by an affidavit of compliance with the provisions of 915 chapter 435 and this section using forms provided by the agency. 916Proof of compliance with the background screening requirements917of the Department of Financial Services submitted within the918previous 5 years for an applicant for a certificate of authority919to operate a continuing care retirement community under chapter920651 satisfies the Department of Law Enforcement and Federal921Bureau of Investigation portions of a level 2 background check.922 (3) All fingerprints must be provided in electronic format. 923 Screening results shall be reviewed by the agency with respect 924 to the offenses specified in s. 435.04 and this section, and the 925 qualifying or disqualifying status of the person named in the 926 request shall be maintained in a database. The qualifying or 927 disqualifying status of the person named in the request shall be 928 posted on a secure website for retrieval by the licensee or 929 designated agent on the licensee’s behalf.A provisional license930may be granted to an applicant when each individual required by931this section to undergo background screening has met the932standards for the Department of Law Enforcement background check933but the agency has not yet received background screening results934from the Federal Bureau of Investigation. A standard license may935be granted to the licensee upon the agency’s receipt of a report936of the results of the Federal Bureau of Investigation background937screening for each individual required by this section to938undergo background screening that confirms that all standards939have been met or upon the granting of an exemption from940disqualification by the agency as set forth in chapter 435.941(4) When a person is newly employed in a capacity that942requires screening under this section, the licensee must notify943the agency of the change within the time period specified in the944authorizing statute or rules and must submit to the agency945information necessary to conduct level 2 screening or provide946evidence of compliance with background screening requirements of947this section. The person may serve in his or her capacity948pending the agency’s receipt of the report from the Federal949Bureau of Investigation if he or she has met the standards for950the Department of Law Enforcement background check. However, the951person may not continue to serve in his or her capacity if the952report indicates any violation of background screening standards953unless an exemption from disqualification has been granted by954the agency as set forth in chapter 435.955 (4)(5)Effective October 1, 2009,In addition to the 956 offenses listed in s.ss.435.03and435.04, all persons 957 required to undergo background screening pursuant to this part 958 or authorizing statutes must not have an arrest awaiting final 959 disposition for, must not have been found guilty of, regardless 960 of adjudication, or entered a plea of nolo contendere or guilty 961 to, and must not have been adjudicated delinquent and the record 962 not have been sealed or expunged for any of the following 963 offenses or any similar offense of another jurisdiction: 964 (a) Any authorizing statutes, if the offense was a felony. 965 (b) This chapter, if the offense was a felony. 966 (c) Section 409.920, relating to Medicaid provider fraud,967if the offense was a felony. 968 (d) Section 409.9201, relating to Medicaid fraud, if the969offense was a felony. 970 (e) Section 741.28, relating to domestic violence. 971(f) Chapter 784, relating to assault, battery, and culpable972negligence, if the offense was a felony.973(g) Section810.02, relating to burglary.974 (f)(h)Section 817.034, relating to fraudulent acts through 975 mail, wire, radio, electromagnetic, photoelectronic, or 976 photooptical systems. 977 (g)(i)Section 817.234, relating to false and fraudulent 978 insurance claims. 979 (h)(j)Section 817.505, relating to patient brokering. 980 (i)(k)Section 817.568, relating to criminal use of 981 personal identification information. 982 (j)(l)Section 817.60, relating to obtaining a credit card 983 through fraudulent means. 984 (k)(m)Section 817.61, relating to fraudulent use of credit 985 cards, if the offense was a felony. 986 (l)(n)Section 831.01, relating to forgery. 987 (m)(o)Section 831.02, relating to uttering forged 988 instruments. 989 (n)(p)Section 831.07, relating to forging bank bills, 990 checks, drafts, or promissory notes. 991 (o)(q)Section 831.09, relating to uttering forged bank 992 bills, checks, drafts, or promissory notes. 993 (p)(r)Section 831.30, relating to fraud in obtaining 994 medicinal drugs. 995 (q)(s)Section 831.31, relating to the sale, manufacture, 996 delivery, or possession with the intent to sell, manufacture, or 997 deliver any counterfeit controlled substance, if the offense was 998 a felony. 999 1000 A person who serves as a controlling interest of,oris employed 1001 by, or contracts with a licensee on July 31, 2010September 30,10022009, who has been screened and qualified according to standards 1003 specified in s. 435.03 or s. 435.04 must be rescreened by July 1004 31, 2015. The agency may adopt rules pursuant to ss. 120.536(1) 1005 and 120.54 to establish a schedule to stagger the implementation 1006 of the required rescreening over the 5-year period, beginning 1007 July 31, 2010, through July 31, 2015. If, upon rescreening,is1008not required by law to submit to rescreening if that licensee1009has in its possession written evidence that the person has been1010screened and qualified according to the standards specified in1011s.435.03or s.435.04. However, ifsuch person has a 1012 disqualifying offense that was not a disqualifying offense at 1013 the time of the last screening, but is a current disqualifying 1014 offense and was committed prior to the last screeninglisted in1015this section, he or she may apply for an exemption from the 1016 appropriate licensing agencybefore September 30, 2009,and, if 1017 agreed to by the employer, may continue to perform his or her 1018 duties until the licensing agency renders a decision on the 1019 application for exemption as long as the person is eligible to 1020 apply for an exemption and the exemption request is received by 1021 the agency within 30 days after receipt of the rescreening 1022 results by the personfor offenses listed in this section. 1023Exemptions from disqualification may be granted pursuant to s.1024435.07. 1025 (5)(6)The costs associated with obtaining the required 1026 screening must be borne either by the licensee or the person 1027 subject to screening. Licensees may reimburse persons for these 1028 costs. The Department of Law Enforcement shall charge the agency 1029 for screening pursuant to s. 943.053(3). The agency shall 1030 establish a schedule of fees to cover the costs of screeningThe1031attestations required under ss.435.04(5) and435.05(3) must be1032submitted at the time of license renewal, notwithstanding the1033provisions of ss.435.04(5) and435.05(3) which require annual1034submission of an affidavit of compliance with background1035screening requirements. 1036 (6)(a) As provided in chapter 435, the agency may grant an 1037 exemption from disqualification to a person who is subject to 1038 this section and who has not received a professional license or 1039 certification from the Department of Health if that person is 1040 providing a service that is within the scope of his or her 1041 licensed or certified practice. 1042 (b) As provided in chapter 435, the appropriate regulatory 1043 board within the Department of Health, or the department itself 1044 when there is no board, may grant an exemption from 1045 disqualification to a person who is subject to this section and 1046 who has received a professional license or certification from 1047 the Department of Health or a regulatory board within that 1048 department and that person is providing a service within the 1049 scope of his or her licensed or certified practice. 1050 (7) The agency and the Department of Health may adopt rules 1051 pursuant to ss. 120.536(1) and 120.54 to implement this section, 1052 chapter 435, and authorizing statutes requiring background 1053 screening and to implement and adopt criteria relating to 1054 retaining fingerprints pursuant to s. 943.05(2). 1055 (8) There is no unemployment compensation or other monetary 1056 liability on the part of, and no cause of action for damages 1057 arising against, an employer that, upon notice of a 1058 disqualifying offense listed under chapter 435 or this section, 1059 terminates the person against whom the report was issued, 1060 whether or not that person has filed for an exemption with the 1061 Department of Health or the agency. 1062 Section 22. Subsection (3) of section 402.302, Florida 1063 Statutes, is amended to read: 1064 402.302 Definitions.— 1065 (3) “Child care personnel” means all owners, operators, 1066 employees, and volunteers working in a child care facility. The 1067 term does not include persons who work in a child care facility 1068 after hours when children are not present or parents of children 1069 in a child care facilityHead Start. For purposes of screening, 1070 the term includes any member, over the age of 12 years, of a 1071 child care facility operator’s family, or person, over the age 1072 of 12 years, residing with a child care facility operator if the 1073 child care facility is located in or adjacent to the home of the 1074 operator or if the 1075 family member of, or person residing with, the child care 1076 facility operator has any direct contact with the children in 1077 the facility during its hours of operation. Members of the 1078 operator’s family or persons residing with the operator who are 1079 between the ages of 12 years and 18 years shall not be required 1080 to be fingerprinted but shall be screened for delinquency 1081 records. For purposes of screening, the term shall also include 1082 persons who work in child care programs which provide care for 1083 children 15 hours or more each week in public or nonpublic 1084 schools,summer day camps,family day care homes, or those 1085 programs otherwise exempted under s. 402.316. The term does not 1086 include public or nonpublic school personnel who are providing 1087 care during regular school hours, or after hours for activities 1088 related to a school’s program for grades kindergarten through 1089 12. A volunteer who assists on an intermittent basis for less 1090 than 1040hours per month is not included in the term 1091 “personnel” for the purposes of screening and training, provided 1092 a person who meets the screening requirement of s. 402.305(2) is 1093 always present and has the volunteer in his or her line of sight 1094that the volunteer is under direct and constant supervision by1095persons who meet the personnel requirements of s.402.305(2). 1096 Students who observe and participate in a child care facility as 1097 a part of their required coursework shall not be considered 1098 child care personnel, provided such observation and 1099 participation are on an intermittent basis and a person who 1100 meets the screening requirement of s. 402.305(2) is always 1101 present and has the student in his or her line of sightthe1102students are under direct and constant supervision of child care1103personnel. 1104 Section 23. Paragraphs (i) and (k) of subsection (2) of 1105 section 409.175, Florida Statutes, are amended, present 1106 paragraphs (b) and (c) of subsection (5) of that section are 1107 redesignated as paragraphs (c) and (d), respectively, and a new 1108 paragraph (b) is added to that section to read: 1109 409.175 Licensure of family foster homes, residential 1110 child-caring agencies, and child-placing agencies; public 1111 records exemption.— 1112 (2) As used in this section, the term: 1113 (i) “Personnel” means all owners, operators, employees, and 1114 volunteers working in a child-placing agency, family foster 1115 home, or residential child-caring agency who may be employed by 1116 or do volunteer work for a person, corporation, or agency which 1117 holds a license as a child-placing agency or a residential 1118 child-caring agency, but the term does not include those who do 1119 not work on the premises where child care is furnished and 1120 either have no direct contact with a child or have no contact 1121 with a child outside of the presence of the child’s parent or 1122 guardian. For purposes of screening, the term shall include any 1123 member, over the age of 12 years, of the family of the owner or 1124 operator or any person other than a client, over the age of 12 1125 years, residing with the owner or operator if the agency or 1126 family foster home is located in or adjacent to the home of the 1127 owner or operator or if the family member of, or person residing 1128 with, the owner or operator has any direct contact with the 1129 children. Members of the family of the owner or operator, or 1130 persons residing with the owner or operator, who are between the 1131 ages of 12 years and 18 years shall not be required to be 1132 fingerprinted, but shall be screened for delinquency records. 1133 For purposes of screening, the term “personnel” shall also 1134 include owners, operators, employees, and volunteers working in 1135 summer day camps, or summer 24-hour camps providing care for 1136 children. A volunteer who assists on an intermittent basis for 1137 less than 1040hours per month shall not be included in the 1138 term “personnel” for the purposes of screening, provided a 1139 person who meets the screening requirement of this section is 1140 always present and has the volunteer in his or her line of sight 1141that the volunteer is under direct and constant supervision by1142persons who meet the personnel requirements of this section. 1143 (k) “Screening” means the act of assessing the background 1144 of personnel and includes, but is not limited to, employment 1145 history checks as provided in chapter 435, using the level 2 1146 standards for screening set forth in that chapter.Screening for1147employees and volunteers in summer day camps and summer 24-hour1148camps and screening for all volunteers included under the1149definition of “personnel” shall be conducted as provided in1150chapter 435, using the level 1 standards set forth in that1151chapter.1152 (5) 1153 (b) The department shall randomly drug test a licensed 1154 foster parent if there is a reasonable suspicion that he or she 1155 is using illegal drugs. The cost of testing shall be paid by the 1156 foster parent but shall be reimbursed by the department if the 1157 test is negative. The department may adopt rules necessary to 1158 administer this paragraph. 1159 Section 24. Paragraph (i) of subsection (4) of section 1160 409.221, Florida Statutes, is amended to read: 1161 409.221 Consumer-directed care program.— 1162 (4) CONSUMER-DIRECTED CARE.— 1163 (i) Background screening requirements.—All persons who 1164 render care under this section must undergo level 2 background 1165 screening pursuant to chapter 435shall comply with the1166requirements of s.435.05. Persons shall be excluded from1167employment pursuant to s.435.06. 11681. Persons excluded from employment may request an1169exemption from disqualification, as provided in s.435.07.1170Persons not subject to certification or professional licensure1171may request an exemption from the agency. In considering a1172request for an exemption, the agency shall comply with the1173provisions of s.435.07.11742.The agency shall, as allowable, reimburse consumer 1175 employed caregivers for the cost of conducting background 1176 screening as required by this section. 1177 1178 For purposes of this section, a person who has undergone 1179 screening, who is qualified for employment under this section 1180 and applicable rule, and who has not been unemployed for more 1181 than 90180days following such screening is not required to be 1182 rescreened. Such person must attest under penalty of perjury to 1183 not having been convicted of a disqualifying offense since 1184 completing such screening. 1185 Section 25. Subsection (8) of section 409.907, Florida 1186 Statutes, is amended to read: 1187 409.907 Medicaid provider agreements.—The agency may make 1188 payments for medical assistance and related services rendered to 1189 Medicaid recipients only to an individual or entity who has a 1190 provider agreement in effect with the agency, who is performing 1191 services or supplying goods in accordance with federal, state, 1192 and local law, and who agrees that no person shall, on the 1193 grounds of handicap, race, color, or national origin, or for any 1194 other reason, be subjected to discrimination under any program 1195 or activity for which the provider receives payment from the 1196 agency. 1197 (8)(a) Each provider, or each principal of the provider if 1198 the provider is a corporation, partnership, association, or 1199 other entity, seeking to participate in the Medicaid program 1200 must submit a complete set of his or her fingerprints to the 1201 agency for the purpose of conducting a criminal history record 1202 check. Principals of the provider include any officer, director, 1203 billing agent, managing employee, or affiliated person, or any 1204 partner or shareholder who has an ownership interest equal to 5 1205 percent or more in the provider. However, a director of a not 1206 for-profit corporation or organization is not a principal for 1207 purposes of a background investigation as required by this 1208 section if the director: serves solely in a voluntary capacity 1209 for the corporation or organization, does not regularly take 1210 part in the day-to-day operational decisions of the corporation 1211 or organization, receives no remuneration from the not-for 1212 profit corporation or organization for his or her service on the 1213 board of directors, has no financial interest in the not-for 1214 profit corporation or organization, and has no family members 1215 with a financial interest in the not-for-profit corporation or 1216 organization; and if the director submits an affidavit, under 1217 penalty of perjury, to this effect to the agency and the not 1218 for-profit corporation or organization submits an affidavit, 1219 under penalty of perjury, to this effect to the agency as part 1220 of the corporation’s or organization’s Medicaid provider 1221 agreement application. Notwithstanding the above, the agency may 1222 require a background check for any person reasonably suspected 1223 by the agency to have been convicted of a crime. This subsection 1224 shall not apply to: 1225 1. A hospital licensed under chapter 395; 1226 2. A nursing home licensed under chapter 400; 1227 3. A hospice licensed under chapter 400; 1228 4. An assisted living facility licensed under chapter 429; 1229 5. A unit of local government, except that requirements of 1230 this subsection apply to nongovernmental providers and entities 1231 when contracting with the local government to provide Medicaid 1232 services. The actual cost of the state and national criminal 1233 history record checks must be borne by the nongovernmental 1234 provider or entity; or 1235 6. Any business that derives more than 50 percent of its 1236 revenue from the sale of goods to the final consumer, and the 1237 business or its controlling parent either is required to file a 1238 form 10-K or other similar statement with the Securities and 1239 Exchange Commission or has a net worth of $50 million or more. 1240 (b) Background screening shall be conducted in accordance 1241 with chapter 435 and s. 408.809.The agency shall submit the1242fingerprints to the Department of Law Enforcement. The1243department shall conduct a state criminal-background1244investigation and forward the fingerprints to the Federal Bureau1245of Investigation for a national criminal-history record check.1246 The cost of the state and national criminal record check shall 1247 be borne by the provider. 1248(c)The agency may permit a provider to participate in the1249Medicaid program pending the results of the criminal record1250check. However, such permission is fully revocable if the record1251check reveals any crime-related history as provided in1252subsection (10).1253 (c)(d)Proof of compliance with the requirements of level 2 1254 screening under chapter 435s.435.04conducted within 12 months 1255 prior to the date that the Medicaid provider application is 1256 submitted to the agency shall fulfill the requirements of this 1257 subsection.Proof of compliance with the requirements of level 11258screening under s.435.03conducted within 12 months prior to1259the date that the Medicaid provider application is submitted to1260the agency shall meet the requirement that the Department of Law1261Enforcement conduct a state criminal history record check.1262 Section 26. Paragraph (b) of subsection (48) of section 1263 409.912, Florida Statutes, is amended to read: 1264 409.912 Cost-effective purchasing of health care.—The 1265 agency shall purchase goods and services for Medicaid recipients 1266 in the most cost-effective manner consistent with the delivery 1267 of quality medical care. To ensure that medical services are 1268 effectively utilized, the agency may, in any case, require a 1269 confirmation or second physician’s opinion of the correct 1270 diagnosis for purposes of authorizing future services under the 1271 Medicaid program. This section does not restrict access to 1272 emergency services or poststabilization care services as defined 1273 in 42 C.F.R. part 438.114. Such confirmation or second opinion 1274 shall be rendered in a manner approved by the agency. The agency 1275 shall maximize the use of prepaid per capita and prepaid 1276 aggregate fixed-sum basis services when appropriate and other 1277 alternative service delivery and reimbursement methodologies, 1278 including competitive bidding pursuant to s. 287.057, designed 1279 to facilitate the cost-effective purchase of a case-managed 1280 continuum of care. The agency shall also require providers to 1281 minimize the exposure of recipients to the need for acute 1282 inpatient, custodial, and other institutional care and the 1283 inappropriate or unnecessary use of high-cost services. The 1284 agency shall contract with a vendor to monitor and evaluate the 1285 clinical practice patterns of providers in order to identify 1286 trends that are outside the normal practice patterns of a 1287 provider’s professional peers or the national guidelines of a 1288 provider’s professional association. The vendor must be able to 1289 provide information and counseling to a provider whose practice 1290 patterns are outside the norms, in consultation with the agency, 1291 to improve patient care and reduce inappropriate utilization. 1292 The agency may mandate prior authorization, drug therapy 1293 management, or disease management participation for certain 1294 populations of Medicaid beneficiaries, certain drug classes, or 1295 particular drugs to prevent fraud, abuse, overuse, and possible 1296 dangerous drug interactions. The Pharmaceutical and Therapeutics 1297 Committee shall make recommendations to the agency on drugs for 1298 which prior authorization is required. The agency shall inform 1299 the Pharmaceutical and Therapeutics Committee of its decisions 1300 regarding drugs subject to prior authorization. The agency is 1301 authorized to limit the entities it contracts with or enrolls as 1302 Medicaid providers by developing a provider network through 1303 provider credentialing. The agency may competitively bid single 1304 source-provider contracts if procurement of goods or services 1305 results in demonstrated cost savings to the state without 1306 limiting access to care. The agency may limit its network based 1307 on the assessment of beneficiary access to care, provider 1308 availability, provider quality standards, time and distance 1309 standards for access to care, the cultural competence of the 1310 provider network, demographic characteristics of Medicaid 1311 beneficiaries, practice and provider-to-beneficiary standards, 1312 appointment wait times, beneficiary use of services, provider 1313 turnover, provider profiling, provider licensure history, 1314 previous program integrity investigations and findings, peer 1315 review, provider Medicaid policy and billing compliance records, 1316 clinical and medical record audits, and other factors. Providers 1317 shall not be entitled to enrollment in the Medicaid provider 1318 network. The agency shall determine instances in which allowing 1319 Medicaid beneficiaries to purchase durable medical equipment and 1320 other goods is less expensive to the Medicaid program than long 1321 term rental of the equipment or goods. The agency may establish 1322 rules to facilitate purchases in lieu of long-term rentals in 1323 order to protect against fraud and abuse in the Medicaid program 1324 as defined in s. 409.913. The agency may seek federal waivers 1325 necessary to administer these policies. 1326 (48) 1327 (b) The agency shall limit its network of durable medical 1328 equipment and medical supply providers. For dates of service 1329 after January 1, 2009, the agency shall limit payment for 1330 durable medical equipment and supplies to providers that meet 1331 all the requirements of this paragraph. 1332 1. Providers must be accredited by a Centers for Medicare 1333 and Medicaid Services deemed accreditation organization for 1334 suppliers of durable medical equipment, prosthetics, orthotics, 1335 and supplies. The provider must maintain accreditation and is 1336 subject to unannounced reviews by the accrediting organization. 1337 2. Providers must provide the services or supplies directly 1338 to the Medicaid recipient or caregiver at the provider location 1339 or recipient’s residence or send the supplies directly to the 1340 recipient’s residence with receipt of mailed delivery. 1341 Subcontracting or consignment of the service or supply to a 1342 third party is prohibited. 1343 3. Notwithstanding subparagraph 2., a durable medical 1344 equipment provider may store nebulizers at a physician’s office 1345 for the purpose of having the physician’s staff issue the 1346 equipment if it meets all of the following conditions: 1347 a. The physician must document the medical necessity and 1348 need to prevent further deterioration of the patient’s 1349 respiratory status by the timely delivery of the nebulizer in 1350 the physician’s office. 1351 b. The durable medical equipment provider must have written 1352 documentation of the competency and training by a Florida 1353 licensed registered respiratory therapist of any durable medical 1354 equipment staff who participate in the training of physician 1355 office staff for the use of nebulizers, including cleaning, 1356 warranty, and special needs of patients. 1357 c. The physician’s office must have documented the training 1358 and competency of any staff member who initiates the delivery of 1359 nebulizers to patients. The durable medical equipment provider 1360 must maintain copies of all physician office training. 1361 d. The physician’s office must maintain inventory records 1362 of stored nebulizers, including documentation of the durable 1363 medical equipment provider source. 1364 e. A physician contracted with a Medicaid durable medical 1365 equipment provider may not have a financial relationship with 1366 that provider or receive any financial gain from the delivery of 1367 nebulizers to patients. 1368 4. Providers must have a physical business location and a 1369 functional landline business phone. The location must be within 1370 the state or not more than 50 miles from the Florida state line. 1371 The agency may make exceptions for providers of durable medical 1372 equipment or supplies not otherwise available from other 1373 enrolled providers located within the state. 1374 5. Physical business locations must be clearly identified 1375 as a business that furnishes durable medical equipment or 1376 medical supplies by signage that can be read from 20 feet away. 1377 The location must be readily accessible to the public during 1378 normal, posted business hours and must operate no less than 5 1379 hours per day and no less than 5 days per week, with the 1380 exception of scheduled and posted holidays. The location may not 1381 be located within or at the same numbered street address as 1382 another enrolled Medicaid durable medical equipment or medical 1383 supply provider or as an enrolled Medicaid pharmacy that is also 1384 enrolled as a durable medical equipment provider. A licensed 1385 orthotist or prosthetist that provides only orthotic or 1386 prosthetic devices as a Medicaid durable medical equipment 1387 provider is exempt from the provisions in this paragraph. 1388 6. Providers must maintain a stock of durable medical 1389 equipment and medical supplies on site that is readily available 1390 to meet the needs of the durable medical equipment business 1391 location’s customers. 1392 7. Providers must provide a surety bond of $50,000 for each 1393 provider location, up to a maximum of 5 bonds statewide or an 1394 aggregate bond of $250,000 statewide, as identified by Federal 1395 Employer Identification Number. Providers who post a statewide 1396 or an aggregate bond must identify all of their locations in any 1397 Medicaid durable medical equipment and medical supply provider 1398 enrollment application or bond renewal. Each provider location’s 1399 surety bond must be renewed annually and the provider must 1400 submit proof of renewal even if the original bond is a 1401 continuous bond. A licensed orthotist or prosthetist that 1402 provides only orthotic or prosthetic devices as a Medicaid 1403 durable medical equipment provider is exempt from the provisions 1404 in this paragraph. 1405 8. Providers must obtain a level 2 background screening, in 1406 accordance with chapter 435 and s. 408.809as provided under s.1407435.04, for each provider employee in direct contact with or 1408 providing direct services to recipients of durable medical 1409 equipment and medical supplies in their homes. This requirement 1410 includes, but is not limited to, repair and service technicians, 1411 fitters, and delivery staff. The provider shall pay for the cost 1412 of the background screening. 1413 9. The following providers are exempt from the requirements 1414 of subparagraphs 1. and 7.: 1415 a. Durable medical equipment providers owned and operated 1416 by a government entity. 1417 b. Durable medical equipment providers that are operating 1418 within a pharmacy that is currently enrolled as a Medicaid 1419 pharmacy provider. 1420 c. Active, Medicaid-enrolled orthopedic physician groups, 1421 primarily owned by physicians, which provide only orthotic and 1422 prosthetic devices. 1423 Section 27. Subsection (12) is added to section 411.01, 1424 Florida Statutes, to read: 1425 411.01 School readiness programs; early learning 1426 coalitions.— 1427 (12) SUBSTITUTE INSTRUCTORS.—Each school district shall 1428 make a list of all individuals currently eligible to act as a 1429 substitute teacher within the county pursuant to the rules 1430 adopted by the school district pursuant to s. 1012.35 available 1431 to an early learning coalition serving students within the 1432 school district. Child care facilities, as defined by s. 1433 402.302, may employ individuals listed as substitute instructors 1434 for the purpose of offering the school readiness program, the 1435 Voluntary Prekindergarten Education Program, and all other 1436 legally operating child care programs. 1437 Section 28. Subsection (1) of section 429.14, Florida 1438 Statutes, is amended to read: 1439 429.14 Administrative penalties.— 1440 (1) In addition to the requirements of part II of chapter 1441 408, the agency may deny, revoke, and suspend any license issued 1442 under this part and impose an administrative fine in the manner 1443 provided in chapter 120 against a licenseeof an assisted living1444facilityfor a violation of any provision of this part, part II 1445 of chapter 408, or applicable rules, or for any of the following 1446 actions by a licenseeof an assisted living facility, for the 1447 actions of any person subject to level 2 background screening 1448 under s. 408.809, or for the actions of any facility employee: 1449 (a) An intentional or negligent act seriously affecting the 1450 health, safety, or welfare of a resident of the facility. 1451 (b) The determination by the agency that the owner lacks 1452 the financial ability to provide continuing adequate care to 1453 residents. 1454 (c) Misappropriation or conversion of the property of a 1455 resident of the facility. 1456 (d) Failure to follow the criteria and procedures provided 1457 under part I of chapter 394 relating to the transportation, 1458 voluntary admission, and involuntary examination of a facility 1459 resident. 1460 (e) A citation of any of the following deficiencies as 1461 specified in s. 429.19: 1462 1. One or more cited class I deficiencies. 1463 2. Three or more cited class II deficiencies. 1464 3. Five or more cited class III deficiencies that have been 1465 cited on a single survey and have not been corrected within the 1466 times specified. 1467 (f) Failure to comply with theA determination that a1468person subject to level 2background screeningunder s.408.8091469does not meet the screeningstandards of this part, s. 1470 408.809(1), or chapter 435s.435.04or that the facility is1471retaining an employee subject to level 1 background screening1472standards under s.429.174who does not meet the screening1473standards of s.435.03and for whom exemptions from1474disqualification have not been provided by the agency. 1475(g)A determination that an employee, volunteer,1476administrator, or owner, or person who otherwise has access to1477the residents of a facility does not meet the criteria specified1478in s.435.03(2), and the owner or administrator has not taken1479action to remove the person. Exemptions from disqualification1480may be granted as set forth in s.435.07. No administrative1481action may be taken against the facility if the person is1482granted an exemption.1483 (g)(h)Violation of a moratorium. 1484 (h)(i)Failure of the license applicant, the licensee 1485 during relicensure, or a licensee that holds a provisional 1486 license to meet the minimum license requirements of this part, 1487 or related rules, at the time of license application or renewal. 1488 (i)(j)An intentional or negligent life-threatening act in 1489 violation of the uniform firesafety standards for assisted 1490 living facilities or other firesafety standards that threatens 1491 the health, safety, or welfare of a resident of a facility, as 1492 communicated to the agency by the local authority having 1493 jurisdiction or the State Fire Marshal. 1494 (j)(k)Knowingly operating any unlicensed facility or 1495 providing without a license any service that must be licensed 1496 under this chapter or chapter 400. 1497 (k)(l)Any act constituting a ground upon which application 1498 for a license may be denied. 1499 Section 29. Section 429.174, Florida Statutes, is amended 1500 to read: 1501 429.174 Background screening; exemptions.—The agency shall 1502 require level 2 background screening for personnel as required 1503 in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.The1504owner or administrator of an assisted living facility must1505conduct level 1 background screening, as set forth in chapter1506435, on all employees hired on or after October 1, 1998, who1507perform personal services as defined in s.429.02(16).The1508agency may exempt an individual from employment disqualification1509as set forth in chapter 435. Such persons shall be considered as1510having met this requirement if:1511(1) Proof of compliance with level 1 screening requirements1512obtained to meet any professional license requirements in this1513state is provided and accompanied, under penalty of perjury, by1514a copy of the person’s current professional license and an1515affidavit of current compliance with the background screening1516requirements.1517(2) The person required to be screened has been1518continuously employed in the same type of occupation for which1519the person is seeking employment without a breach in service1520which exceeds 180 days, and proof of compliance with the level 11521screening requirement which is no more than 2 years old is1522provided. Proof of compliance shall be provided directly from1523one employer or contractor to another, and not from the person1524screened. Upon request, a copy of screening results shall be1525provided by the employer retaining documentation of the1526screening to the person screened.1527(3) The person required to be screened is employed by a1528corporation or business entity or related corporation or1529business entity that owns, operates, or manages more than one1530facility or agency licensed under this chapter, and for whom a1531level 1 screening was conducted by the corporation or business1532entity as a condition of initial or continued employment.1533 Section 30. Subsection (4) of section 429.67, Florida 1534 Statutes, is amended to read: 1535 429.67 Licensure.— 1536 (4)Upon receipt of a completed license application or1537license renewal, and the fee,The agency shall require level 2 1538initiate a level 1background screening for personnel as 1539 required in s. 408.809(1)(e), includingas provided under1540chapter 435 onthe adult family-care home provider, the 1541 designated relief person, and all adult household members, 1542 pursuant to chapter 435 and s. 408.809, and all staff members. 1543(a) Proof of compliance with level 1 screening standards1544which has been submitted within the previous 5 years to meet any1545facility or professional licensure requirements of the agency or1546the Department of Health satisfies the requirements of this1547subsection. Such proof must be accompanied, under penalty of1548perjury, by a copy of the person’s current professional license1549and an affidavit of current compliance with the background1550screening requirements.1551(b) The person required to be screened must have been1552continuously employed in the same type of occupation for which1553the person is seeking employment without a breach in service1554that exceeds 180 days, and proof of compliance with the level 11555screening requirement which is no more than 2 years old must be1556provided. Proof of compliance shall be provided directly from1557one employer or contractor to another, and not from the person1558screened. Upon request, a copy of screening results shall be1559provided to the person screened by the employer retaining1560documentation of the screening.1561 Section 31. Section 429.69, Florida Statutes, is amended to 1562 read: 1563 429.69 Denial, revocation, and suspension of a license.—In 1564 addition to the requirements of part II of chapter 408, the 1565 agency may deny, suspend, and revoke a license for any of the 1566 following reasons: 1567 (1) Failure to comply with theof any of the persons1568required to undergobackground screening standards of this part, 1569 s. 408.809(1), or chapter 435under s.429.67to meet the level15701 screening standards of s.435.03, unless an exemption from1571disqualification has been provided by the agency. 1572 (2) Failure to correct cited fire code violations that 1573 threaten the health, safety, or welfare of residents. 1574 Section 32. Paragraph (c) of subsection (2) of section 1575 429.911, Florida Statutes, is amended to read: 1576 429.911 Denial, suspension, revocation of license; 1577 emergency action; administrative fines; investigations and 1578 inspections.— 1579 (2) Each of the following actions by the owner of an adult 1580 day care center or by its operator or employee is a ground for 1581 action by the agency against the owner of the center or its 1582 operator or employee: 1583 (c)AFailure to comply with theof persons subject to1584level 2background screening standards of this part, s. 1585 408.809(1), or chapter 435under s.408.809to meet the1586screening standards of s.435.04, or the retention by the center1587of an employee subject to level 1 background screening standards1588under s.429.174who does not meet the screening standards of s.1589435.03and for whom exemptions from disqualification have not1590been provided by the agency. 1591 Section 33. Section 429.919, Florida Statutes, is amended 1592 to read: 1593 429.919 Background screening.—The agency shall require 1594 level 2 background screening for personnel as required in s. 1595 408.809(1)(e) pursuant to chapter 435 and s. 408.809.The owner1596or administrator of an adult day care center must conduct level15971 background screening as set forth in chapter 435 on all1598employees hired on or after October 1, 1998, who provide basic1599services or supportive and optional services to the1600participants.Such persons satisfy this requirement if:1601(1) Proof of compliance with level 1 screening requirements1602obtained to meet any professional license requirements in this1603state is provided and accompanied, under penalty of perjury, by1604a copy of the person’s current professional license and an1605affidavit of current compliance with the background screening1606requirements.1607(2) The person required to be screened has been1608continuously employed, without a breach in service that exceeds1609180 days, in the same type of occupation for which the person is1610seeking employment and provides proof of compliance with the1611level 1 screening requirement which is no more than 2 years old.1612Proof of compliance must be provided directly from one employer1613or contractor to another, and not from the person screened. Upon1614request, a copy of screening results shall be provided to the1615person screened by the employer retaining documentation of the1616screening.1617(3) The person required to be screened is employed by a1618corporation or business entity or related corporation or1619business entity that owns, operates, or manages more than one1620facility or agency licensed under chapter 400 or this chapter,1621and for whom a level 1 screening was conducted by the1622corporation or business entity as a condition of initial or1623continued employment.1624 Section 34. Section 430.0402, Florida Statutes, is created 1625 to read: 1626 430.0402 Screening of direct service providers.— 1627 (1)(a) Level 2 background screening pursuant to chapter 435 1628 is required for direct service providers. Background screening 1629 shall include employment history checks as provided in s. 1630 435.03(1) and local criminal records checks through local law 1631 enforcement agencies. 1632 (b) For purposes of this section, the term “direct service 1633 provider” means a person 18 years of age or older who, pursuant 1634 to a program to provide services to the elderly, has direct, 1635 face-to-face contact with a client while providing services to 1636 the client or has access to the client’s living areas or to the 1637 client’s funds or personal property. The term includes 1638 coordinators, managers, and supervisors of residential 1639 facilities and volunteers. 1640 (2) Licensed physicians, nurses, or other professionals 1641 licensed by the Department of Health are not subject to 1642 background screening pursuant to this section if they are 1643 providing a service that is within the scope of their licensed 1644 practice. 1645 (3) Refusal on the part of an employer to dismiss a 1646 manager, supervisor, or direct service provider who has been 1647 found to be in noncompliance with standards of this section 1648 shall result in the automatic denial, termination, or revocation 1649 of the license or certification, rate agreement, purchase order, 1650 or contract, in addition to any other remedies authorized by 1651 law. 1652 (4) The background screening conducted pursuant to this 1653 section must ensure that, in addition to the disqualifying 1654 offenses listed in s. 435.04, no person subject to the 1655 provisions of this section has an arrest awaiting final 1656 disposition for, has been found guilty of, regardless of 1657 adjudication, or entered a plea of nolo contendere or guilty to, 1658 or has been adjudicated delinquent and the record has not been 1659 sealed or expunged for, any offense prohibited under any of the 1660 following provisions of the Florida Statutes or under any 1661 similar statute of another jurisdiction: 1662 (a) Any authorizing statutes, if the offense was a felony. 1663 (b) Section 409.920, relating to Medicaid provider fraud. 1664 (c) Section 409.9201, relating to Medicaid fraud. 1665 (d) Section 817.034, relating to fraudulent acts through 1666 mail, wire, radio, electromagnetic, photoelectronic, or 1667 photooptical systems. 1668 (e) Section 817.234, relating to false and fraudulent 1669 insurance claims. 1670 (f) Section 817.505, relating to patient brokering. 1671 (g) Section 817.568, relating to criminal use of personal 1672 identification information. 1673 (h) Section 817.60, relating to obtaining a credit card 1674 through fraudulent means. 1675 (i) Section 817.61, relating to fraudulent use of credit 1676 cards, if the offense was a felony. 1677 (j) Section 831.01, relating to forgery. 1678 (k) Section 831.02, relating to uttering forged 1679 instruments. 1680 (l) Section 831.07, relating to forging bank bills, checks, 1681 drafts, or promissory notes. 1682 (m) Section 831.09, relating to uttering forged bank bills, 1683 checks, drafts, or promissory notes. 1684 Section 35. Section 435.01, Florida Statutes, is amended to 1685 read: 1686 435.01 Applicability of this chapter; statutory references; 1687 rulemaking.— 1688 (1)(a) Unless otherwise provided by law, whenever a 1689 background screening for employment or a background security 1690 check is required by law to be conducted pursuant to this 1691 chapterfor employment, unless otherwise provided by law, the 1692 provisions of this chapter shall apply. 1693 (b) Unless expressly provided otherwise, a reference in any 1694 section of the Florida Statutes to chapter 435 or to any section 1695 or sections or portion of a section of chapter 435 includes, and 1696 shall be understood as including, all subsequent amendments to 1697 chapter 435 or to the referenced section or sections or portions 1698 of a section. The purpose of this chapter is to facilitate 1699 uniform background screening and, to this end, a reference to 1700 this chapter, or to any section or subdivision within this 1701 chapter, constitutes a general reference under the doctrine of 1702 incorporation by reference. 1703 (2) Agencies may adopt rules pursuant to ss. 120.536(1) and 1704 120.54 necessary to implement the provisions of this chapter. 1705 Section 36. Section 435.02, Florida Statutes, is reordered 1706 and amended to read: 1707 435.02 Definitions.—For the purposes of this chapter, the 1708 term: 1709 (2)(1)“Employee” means any person required by law to be 1710 screened pursuant to the provisions of this chapter. 1711 (3)(2)“Employer” means any person or entity required by 1712 law to conduct screening of employees pursuant to this chapter. 1713 (1)(3)“LicensingAgency” means any state,orcounty, or 1714 municipal agency thatwhichgrants licenses or registration 1715 permitting the operation of an employer or is itself an employer 1716 or that otherwise facilitates the screening of employees 1717 pursuant to this chapter. When there is no statelicensing1718 agency or the municipal or countylicensingagency chooses not 1719 to conduct employment screening, “licensingagency” means the 1720 Department of Children and Family Services. 1721 (4) “Employment” means any activity or service sought to be 1722 performed by an employee that requires the employee to be 1723 subject to screening pursuant to this chapter. 1724 (5) “Vulnerable person” means a minor or a vulnerable adult 1725 as defined in s. 415.102. 1726 Section 37. Section 435.03, Florida Statutes, is amended to 1727 read: 1728 435.03 Level 1 screening standards.— 1729 (1) All employees required by law to be screened pursuant 1730 to this section mustshall be required toundergo background 1731 screening as a condition of employment and continued employment 1732 which includes. For the purposes of this subsection, level 11733screenings shall include, but need not be limited to, employment 1734 history checks and statewide criminal correspondence checks 1735 through theFloridaDepartment of Law Enforcement, a check of 1736 the Dru Sjodin National Sex Offender Public Website, and may 1737 include local criminal records checks through local law 1738 enforcement agencies. 1739 (2) Any person required by law to be screened pursuant to 1740 this section must not have an arrest awaiting final disposition, 1741for whom employment screening is required by statutemust not 1742 have been found guilty of, regardless of adjudication, or 1743 entered a plea of nolo contendere or guilty to, and must not 1744 have been adjudicated delinquent and the record has not been 1745 sealed or expunged for, any offense prohibited under any 1746 provision of s. 435.04(2)ofthe following provisions of the1747Florida Statutesor under any similar statute of another 1748 jurisdiction.:1749(a) Section393.135, relating to sexual misconduct with1750certain developmentally disabled clients and reporting of such1751sexual misconduct.1752(b) Section394.4593, relating to sexual misconduct with1753certain mental health patients and reporting of such sexual1754misconduct.1755(c) Section415.111, relating to abuse, neglect, or1756exploitation of a vulnerable adult.1757(d) Section782.04, relating to murder.1758(e) Section782.07, relating to manslaughter, aggravated1759manslaughter of an elderly person or disabled adult, or1760aggravated manslaughter of a child.1761(f) Section782.071, relating to vehicular homicide.1762(g) Section782.09, relating to killing of an unborn quick1763child by injury to the mother.1764(h) Section784.011, relating to assault, if the victim of1765the offense was a minor.1766(i) Section784.021, relating to aggravated assault.1767(j) Section784.03, relating to battery, if the victim of1768the offense was a minor.1769(k) Section784.045, relating to aggravated battery.1770(l) Section787.01, relating to kidnapping.1771(m) Section787.02, relating to false imprisonment.1772(n) Section794.011, relating to sexual battery.1773(o) Former s.794.041, relating to prohibited acts of1774persons in familial or custodial authority.1775(p) Chapter 796, relating to prostitution.1776(q) Section798.02, relating to lewd and lascivious1777behavior.1778(r) Chapter 800, relating to lewdness and indecent1779exposure.1780(s) Section806.01, relating to arson.1781(t) Chapter 812, relating to theft, robbery, and related1782crimes, if the offense was a felony.1783(u) Section817.563, relating to fraudulent sale of1784controlled substances, only if the offense was a felony.1785(v) Section825.102, relating to abuse, aggravated abuse,1786or neglect of an elderly person or disabled adult.1787(w) Section825.1025, relating to lewd or lascivious1788offenses committed upon or in the presence of an elderly person1789or disabled adult.1790(x) Section825.103, relating to exploitation of an elderly1791person or disabled adult, if the offense was a felony.1792(y) Section826.04, relating to incest.1793(z) Section827.03, relating to child abuse, aggravated1794child abuse, or neglect of a child.1795(aa) Section827.04, relating to contributing to the1796delinquency or dependency of a child.1797(bb) Former s.827.05, relating to negligent treatment of1798children.1799(cc) Section827.071, relating to sexual performance by a1800child.1801(dd) Chapter 847, relating to obscene literature.1802(ee) Chapter 893, relating to drug abuse prevention and1803control, only if the offense was a felony or if any other person1804involved in the offense was a minor.1805(ff) Section916.1075, relating to sexual misconduct with1806certain forensic clients and reporting of such sexual1807misconduct.1808 (3) The security background investigations under this 1809 section must ensure that no person subject to the provisions of 1810 this section has been found guilty of, regardless of 1811 adjudication, or entered a plea of nolo contendere or guilty to, 1812 any offense that constitutes domestic violence as defined in s. 1813 741.28, whether such act was committed in this state or in 1814 another jurisdiction.Standards must also ensure that the1815person:1816(a) For employees and employers licensed or registered1817pursuant to chapter 400 or chapter 429, and for employees and1818employers of developmental disabilities centers as defined in s.1819393.063, intermediate care facilities for the developmentally1820disabled as defined in s.400.960, and mental health treatment1821facilities as defined in s.394.455, meets the requirements of1822this chapter.1823(b) Has not committed an act that constitutes domestic1824violence as defined in s.741.28.1825 Section 38. Section 435.04, Florida Statutes, is amended to 1826 read: 1827 435.04 Level 2 screening standards.— 1828 (1)(a) All employees required by law to be screened 1829 pursuant to this section mustin positions designated by law as1830positions of trust or responsibility shall be required to1831 undergo security background investigations as a condition of 1832 employment and continued employment which includes. For the1833purposes of this subsection, security background investigations1834shall include, but need not be limited to, fingerprinting for 1835 statewide criminal history recordsall purposes andchecksin1836this subsection, statewide criminal and juvenile records checks1837 through theFloridaDepartment of Law Enforcement, and national 1838federalcriminal history records checks through the Federal 1839 Bureau of Investigation, and may include local criminal records 1840 checks through local law enforcement agencies. 1841 (b) Fingerprints submitted pursuant to this section on or 1842 after July 1, 2012, must be submitted electronically to the 1843 Department of Law Enforcement. 1844 (c) An agency may contract with one or more vendors to 1845 perform all or part of the electronic fingerprinting pursuant to 1846 this section. Such contracts must ensure that the owners and 1847 personnel of the vendor performing the electronic fingerprinting 1848 are qualified and will ensure the integrity and security of all 1849 personal information. 1850 (d) An agency may require by rule adopted pursuant to 1851 chapter 120 that fingerprints submitted pursuant to this section 1852 must be submitted electronically to the Department of Law 1853 Enforcement on a date earlier than July 1, 2012. 1854 (2) The security background investigations under this 1855 section must ensure that no persons subject to the provisions of 1856 this section have been arrested for and are awaiting final 1857 disposition of, have been found guilty of, regardless of 1858 adjudication, or entered a plea of nolo contendere or guilty to, 1859 or have been adjudicated delinquent and the record has not been 1860 sealed or expunged for, any offense prohibited under any of the 1861 following provisions of the Florida Statutes or under any 1862 similar statute of another jurisdiction: 1863 (a) Section 393.135, relating to sexual misconduct with 1864 certain developmentally disabled clients and reporting of such 1865 sexual misconduct. 1866 (b) Section 394.4593, relating to sexual misconduct with 1867 certain mental health patients and reporting of such sexual 1868 misconduct. 1869 (c) Section 415.111, relating to adult abuse, neglect, or 1870 exploitation of aged persons or disabled adults. 1871 (d) Section 782.04, relating to murder. 1872 (e) Section 782.07, relating to manslaughter, aggravated 1873 manslaughter of an elderly person or disabled adult, or 1874 aggravated manslaughter of a child. 1875 (f) Section 782.071, relating to vehicular homicide. 1876 (g) Section 782.09, relating to killing of an unborn quick 1877 child by injury to the mother. 1878 (h) Chapter 784, relating to assault, battery, and culpable 1879 negligence, if the offense was a felony. 1880 (i)(h)Section 784.011, relating to assault, if the victim 1881 of the offense was a minor. 1882(i) Section784.021, relating to aggravated assault.1883 (j) Section 784.03, relating to battery, if the victim of 1884 the offense was a minor. 1885(k) Section784.045, relating to aggravated battery.1886(l) Section784.075, relating to battery on a detention or1887commitment facility staff.1888 (k)(m)Section 787.01, relating to kidnapping. 1889 (l)(n)Section 787.02, relating to false imprisonment. 1890 (m) Section 787.025, relating to luring or enticing a 1891 child. 1892 (n)(o)Section 787.04(2), relating to taking, enticing, or 1893 removing a child beyond the state limits with criminal intent 1894 pending custody proceedings. 1895 (o)(p)Section 787.04(3), relating to carrying a child 1896 beyond the state lines with criminal intent to avoid producing a 1897 child at a custody hearing or delivering the child to the 1898 designated person. 1899 (p)(q)Section 790.115(1), relating to exhibiting firearms 1900 or weapons within 1,000 feet of a school. 1901 (q)(r)Section 790.115(2)(b), relating to possessing an 1902 electric weapon or device, destructive device, or other weapon 1903 on school property. 1904 (r)(s)Section 794.011, relating to sexual battery. 1905 (s)(t)Former s. 794.041, relating to prohibited acts of 1906 persons in familial or custodial authority. 1907 (t) Section 794.05, relating to unlawful sexual activity 1908 with certain minors. 1909 (u) Chapter 796, relating to prostitution. 1910 (v) Section 798.02, relating to lewd and lascivious 1911 behavior. 1912 (w) Chapter 800, relating to lewdness and indecent 1913 exposure. 1914 (x) Section 806.01, relating to arson. 1915 (y) Section 810.02, relating to burglary. 1916 (z) Section 810.14, relating to voyeurism, if the offense 1917 is a felony. 1918 (aa) Section 810.145, relating to video voyeurism, if the 1919 offense is a felony. 1920 (bb)(y)Chapter 812, relating to theft, robbery, and 1921 related crimes, if the offense is a felony. 1922 (cc)(z)Section 817.563, relating to fraudulent sale of 1923 controlled substances, only if the offense was a felony. 1924 (dd)(aa)Section 825.102, relating to abuse, aggravated 1925 abuse, or neglect of an elderly person or disabled adult. 1926 (ee)(bb)Section 825.1025, relating to lewd or lascivious 1927 offenses committed upon or in the presence of an elderly person 1928 or disabled adult. 1929 (ff)(cc)Section 825.103, relating to exploitation of an 1930 elderly person or disabled adult, if the offense was a felony. 1931 (gg)(dd)Section 826.04, relating to incest. 1932 (hh)(ee)Section 827.03, relating to child abuse, 1933 aggravated child abuse, or neglect of a child. 1934 (ii)(ff)Section 827.04, relating to contributing to the 1935 delinquency or dependency of a child. 1936 (jj)(gg)Former s. 827.05, relating to negligent treatment 1937 of children. 1938 (kk)(hh)Section 827.071, relating to sexual performance by 1939 a child. 1940 (ll)(ii)Section 843.01, relating to resisting arrest with 1941 violence. 1942 (mm)(jj)Section 843.025, relating to depriving a law 1943 enforcement, correctional, or correctional probation officer 1944 means of protection or communication. 1945 (nn)(kk)Section 843.12, relating to aiding in an escape. 1946 (oo)(ll)Section 843.13, relating to aiding in the escape 1947 of juvenile inmates in correctional institutions. 1948 (pp)(mm)Chapter 847, relating to obscene literature. 1949 (qq)(nn)Section 874.05(1), relating to encouraging or 1950 recruiting another to join a criminal gang. 1951 (rr)(oo)Chapter 893, relating to drug abuse prevention and 1952 control, only if the offense was a felony or if any other person 1953 involved in the offense was a minor. 1954 (ss)(pp)Section 916.1075, relating to sexual misconduct 1955 with certain forensic clients and reporting of such sexual 1956 misconduct. 1957 (tt)(qq)Section 944.35(3), relating to inflicting cruel or 1958 inhuman treatment on an inmate resulting in great bodily harm. 1959 (uu) Section 944.40, relating to escape. 1960 (vv)(rr)Section 944.46, relating to harboring, concealing, 1961 or aiding an escaped prisoner. 1962 (ww)(ss)Section 944.47, relating to introduction of 1963 contraband into a correctional facility. 1964 (xx)(tt)Section 985.701, relating to sexual misconduct in 1965 juvenile justice programs. 1966 (yy)(uu)Section 985.711, relating to contraband introduced 1967 into detention facilities. 1968 (3) The security background investigations under this 1969 section must ensure that no person subject to this section has 1970 been found guilty of, regardless of adjudication, or entered a 1971 plea of nolo contendere or guilty to, any offense that 1972 constitutes domestic violence as defined in s. 741.28, whether 1973 such act was committed in this state or in another jurisdiction. 1974The security background investigations conducted under this1975section for employees of the Department of Juvenile Justice must1976ensure that no persons subject to the provisions of this section1977have been found guilty of, regardless of adjudication, or1978entered a plea of nolo contendere or guilty to, any offense1979prohibited under any of the following provisions of the Florida1980Statutes or under any similar statute of another jurisdiction:1981(a) Section784.07, relating to assault or battery of law1982enforcement officers, firefighters, emergency medical care1983providers, public transit employees or agents, or other1984specified officers.1985(b) Section810.02, relating to burglary, if the offense is1986a felony.1987(c) Section944.40, relating to escape.1988 1989The Department of Juvenile Justice may not remove a1990disqualification from employment or grant an exemption to any1991person who is disqualified under this section for any offense1992disposed of during the most recent 7-year period.1993(4) Standards must also ensure that the person:1994(a) For employees or employers licensed or registered1995pursuant to chapter 400 or chapter 429, does not have a1996confirmed report of abuse, neglect, or exploitation as defined1997in s.415.102(6), which has been uncontested or upheld under s.1998415.103.1999(b) Has not committed an act that constitutes domestic2000violence as defined in s.741.30.2001(5) Under penalty of perjury, all employees in such2002positions of trust or responsibility shall attest to meeting the2003requirements for qualifying for employment and agreeing to2004inform the employer immediately if convicted of any of the2005disqualifying offenses while employed by the employer. Each2006employer of employees in such positions of trust or2007responsibilities which is licensed or registered by a state2008agency shall submit to the licensing agency annually or at the2009time of license renewal, under penalty of perjury, an affidavit2010of compliance with the provisions of this section.2011 Section 39. Section 435.05, Florida Statutes, is amended to 2012 read: 2013 435.05 Requirements for covered employees and employers. 2014 Except as otherwise provided by law, the following requirements 2015 shall apply to covered employees and employers: 2016 (1)(a) Every person required by law to be screened pursuant 2017 to the provisions of this chapter mustemployed in a position2018for which employment screening is required must, within 52019working days after starting to work,submitto the employera 2020 complete set of information necessary to conduct a screening 2021 under this chaptersection. 2022 (b) For level 1 screening, the employer must submit the 2023 information necessary for screening to theFloridaDepartment of 2024 Law Enforcement within 5 working days after receiving it. The 2025FloridaDepartment of Law Enforcement will conduct a search of 2026 its records and will respond to the employer or agency. The 2027 employer will inform the employee whether screening has revealed 2028 any disqualifying information. 2029 (c) For level 2 screening, the employer orlicensingagency 2030 must submit the information necessary for screening to the 2031FloridaDepartment of Law Enforcement within 5 working days 2032 after receiving it. TheFloridaDepartment of Law Enforcement 2033 will perform a criminal history record check of itsconduct a2034search of its criminal and juvenilerecords and will request 2035 that the Federal Bureau of Investigation perform a national 2036 criminal history record checkconduct a searchof its records 2037 for each employee for whom the request is made. TheFlorida2038 Department of Law Enforcement will respond to the employer or 2039licensingagency, and the employer orlicensingagency will 2040 inform the employee whether screening has revealed disqualifying 2041 information. 2042 (d) The person whose background is being checked must 2043 supply any missing criminal or other necessary information upon 2044 request to the requesting employer or agency within 30 days 2045 after receiving theemployer makes arequest for the information 2046or be subject to automatic disqualification. 2047 (2) Every employee must attest, subject to penalty of 2048 perjury, to meeting the requirements for qualifying for 2049 employment pursuant to this chapter and agreeing to inform the 2050 employer immediately if arrested for any of the disqualifying 2051 offenses while employed by the employer.Unless otherwise2052prohibited by state or federal law, new employees may be placed2053on probationary status pending a determination of compliance2054with minimum standards set forth in this chapter.2055 (3) Each employer that is licensed or registered with an 2056 agency and is required by law to conduct level 2 background 2057 screening must submit to the agencysign an affidavitannually 2058 or at the time of license renewal, under penalty of perjury, a 2059 signed affidavit attesting to compliance with the provisions of 2060 this chapterstating that all covered employees have been2061screened or are newly hired and are awaiting the results of the2062required screening checks. 2063 Section 40. Section 435.06, Florida Statutes, is amended to 2064 read: 2065 435.06 Exclusion from employment.— 2066 (1) When an employer orlicensingagency has reasonable 2067 cause to believe that grounds exist for the denial or 2068 termination of employment of any employee as a result of 2069 background screening, it shall notify the employee in writing, 2070 stating the specific record thatwhichindicates noncompliance 2071 with the standards in this chaptersection. It shall be the 2072 responsibility of the affected employee to contest his or her 2073 disqualification or to request exemption from disqualification. 2074 The only basis for contesting the disqualification shall be 2075 proof of mistaken identity. 2076 (2)(a) An employer may not hire, select, or otherwise allow 2077 an employee to have contact with any vulnerable person that 2078 would place the employee in a role that would require background 2079 screening until such time as the screening process is completed 2080 and demonstrates the absence of any grounds for the denial or 2081 termination of employment. If the screening process shows any 2082 grounds for the denial or termination of employment, the 2083 employer may not hire, select, or otherwise allow the employee 2084 to have contact with any vulnerable person that would place the 2085 employee in a role that would require background screening 2086 unless the employee is granted an exemption for the 2087 disqualification by the agency as provided under s. 435.07. 2088 (b) If at any time an employer becomes aware that an 2089 employee has been arrested for a disqualifying offense, the 2090 employer must remove the employee from contact with any 2091 vulnerable person that would place the employee in a role that 2092 would require background screening until such time as the arrest 2093 is resolved in such a way that the employer determines that the 2094 employee is still eligible for employment under this chapter. 2095 (c) The employer must either terminate the employment of 2096 any of its personnel found to be in noncompliance with the 2097 minimum standards of this chapterfor good moral character2098contained in this sectionor place the employee in a position 2099 for which background screening is not required unless the 2100 employee is granted an exemption from disqualification pursuant 2101 to s. 435.07. 2102 (3) Any employeeperson who is required to undergo2103employment screening andwho refuses to cooperate in such 2104 screening or refuses to timely submit the information necessary 2105 to complete the screening, including fingerprints when required, 2106 mustshallbe disqualified for employment in such position or, 2107 if employed, mustshallbe dismissed. 2108 (4) There is no unemployment compensation or other monetary 2109 liability on the part of, and no cause of action for damages 2110 arising against, an employer that, upon notice of a conviction 2111 or arrest for a disqualifying offense listed under this chapter, 2112 terminates the person against whom the report was issued or who 2113 was arrested, regardless of whether or not that person has filed 2114 for an exemption pursuant to this chapter. 2115 Section 41. Section 435.07, Florida Statutes, is amended to 2116 read: 2117 435.07 Exemptions from disqualification.—Unless otherwise 2118 provided by law, the provisions of this section shall apply to 2119 exemptions from disqualification for disqualifying offenses 2120 revealed pursuant to background screenings required by law to be 2121 conducted pursuant to this chapter, regardless of whether those 2122 disqualifying offenses are listed in this chapter or are 2123 codified in other statutes. 2124 (1) The head of the appropriatelicensingagency may grant 2125 to any employee otherwise disqualified from employment an 2126 exemption from disqualification for: 2127 (a) Felonies for which at least 3 years have elapsed since 2128 the applicant for the exemption has completed or been lawfully 2129 released from confinement, supervision, or sanction for the 2130 disqualifying felonycommitted more than 3 years prior to the2131date of disqualification; 2132 (b) Misdemeanors prohibited under any of the Florida 2133 Statutes cited in this chapter or under similar statutes of 2134 other jurisdictions for which the applicant for the exemption 2135 has completed or been lawfully released from confinement, 2136 supervision, or sanction; 2137 (c) Offenses that were felonies when committed but that are 2138 now misdemeanors and for which the applicant for the exemption 2139 has completed or been lawfully released from confinement, 2140 supervision, or sanction; or 2141 (d) Findings of delinquency. For offenses that would be 2142 felonies if committed by an adult and the record has not been 2143 sealed or expunged, the exemption may not be granted until at 2144 least 3 years have elapsed since the applicant for the exemption 2145 has completed or been lawfully released from confinement, 2146 supervision, or sanction for the disqualifying offense; or2147(e)Commissions of acts of domestic violence as defined in2148s.741.30. 2149 2150 For the purposes of this subsection, the term “felonies” means 2151 both felonies prohibited under any of the Florida Statutes cited 2152 in this chapter or under similar statutes of other 2153 jurisdictions. 2154 (2) Persons employed, or applicants for employment, by 2155 treatment providers who treat adolescents 13 years of age and 2156 older who are disqualified from employment solely because of 2157 crimes under s. 817.563, s. 893.13, or s. 893.147 may be 2158 exempted from disqualification from employment pursuant to this 2159 chaptersectionwithout application of the3-yearwaiting period 2160 in paragraph (1)(a). 2161 (3)(a) In order for the head of an agencya licensing2162departmentto grant an exemption to any employee, the employee 2163 must demonstrate by clear and convincing evidence that the 2164 employee should not be disqualified from employment. Employees 2165 seeking an exemption have the burden of setting forth clear and 2166 convincingsufficientevidence of rehabilitation, including, but 2167 not limited to, the circumstances surrounding the criminal 2168 incident for which an exemption is sought, the time period that 2169 has elapsed since the incident, the nature of the harm caused to 2170 the victim, and the history of the employee since the incident, 2171 or any other evidence or circumstances indicating that the 2172 employee will not present a danger if employment or continued 2173 employment is allowed. 2174 (b) The agency may consider as part of its deliberations of 2175 the employee’s rehabilitation the fact that the employee has, 2176 subsequent to the conviction for the disqualifying offense for 2177 which the exemption is being sought, been arrested for or 2178 convicted of another crime, even if that crime is not a 2179 disqualifying offense. 2180 (c) The decision of the head of an agencylicensing2181departmentregarding an exemption may be contested through the 2182 hearing procedures set forth in chapter 120. The standard of 2183 review by the administrative law judge is whether the agency’s 2184 intended action is an abuse of discretion. 2185 (4)(a) Disqualification from employment under this chapter 2186subsection (1)may not be removed from, nor may an exemption be 2187 granted to, any personnel who is found guilty of, regardless of 2188 adjudication, or who has entered a plea of nolo contendere or 2189 guilty to, any felony covered by s. 435.03 or s. 435.04 solely 2190 by reason of any pardon, executive clemency, or restoration of 2191 civil rights. 2192 (b) Disqualification from employment under this chapter may 2193 not be removed from, nor may an exemption be granted to, any 2194 person who is a: 2195 1. Sexual predator as designated pursuant to s. 775.21; 2196 2. Career offender pursuant to s. 775.261; or 2197 3. Sexual offender pursuant to s. 943.0435, unless the 2198 requirement to register as a sexual offender has been removed 2199 pursuant to s. 943.04354. 2200 (5) Exemptions granted by onelicensingagency shall be 2201 considered by subsequentlicensingagencies, but are not binding 2202 on the subsequentlicensingagency. 2203 Section 42. Section 435.08, Florida Statutes, is amended to 2204 read: 2205 435.08 Payment for processing of fingerprints and state 2206 criminal records checks.—Either the employer or the employee is 2207 responsible for paying the costs of screening. Payment shall be 2208 submitted to theFloridaDepartment of Law Enforcement with the 2209 request for screening. The appropriate agency is responsible for 2210 collecting and paying any fee related to fingerprints retained 2211 on its behalf to the Department of Law Enforcement for costs 2212 resulting from the fingerprint information retention services. 2213 The amount of the annual fee and procedures for the submission 2214 and retention of fingerprint information and for the 2215 dissemination of search results shall be established by rule of 2216 the Department of Law Enforcement. 2217 Section 43. Subsection (1) of section 464.203, Florida 2218 Statutes, is amended to read: 2219 464.203 Certified nursing assistants; certification 2220 requirement.— 2221 (1) The board shall issue a certificate to practice as a 2222 certified nursing assistant to any person who demonstrates a 2223 minimum competency to read and write and successfully passes the 2224 required backgroundLevel I or Level IIscreening pursuant to s. 2225 400.215 and meets one of the following requirements: 2226 (a) Has successfully completed an approved training program 2227 and achieved a minimum score, established by rule of the board, 2228 on the nursing assistant competency examination, which consists 2229 of a written portion and skills-demonstration portion approved 2230 by the board and administered at a site and by personnel 2231 approved by the department. 2232 (b) Has achieved a minimum score, established by rule of 2233 the board, on the nursing assistant competency examination, 2234 which consists of a written portion and skills-demonstration 2235 portion, approved by the board and administered at a site and by 2236 personnel approved by the department and: 2237 1. Has a high school diploma, or its equivalent; or 2238 2. Is at least 18 years of age. 2239 (c) Is currently certified in another state; is listed on 2240 that state’s certified nursing assistant registry; and has not 2241 been found to have committed abuse, neglect, or exploitation in 2242 that state. 2243 (d) Has completed the curriculum developed under the 2244 Enterprise Florida Jobs and Education Partnership Grant and 2245 achieved a minimum score, established by rule of the board, on 2246 the nursing assistant competency examination, which consists of 2247 a written portion and skills-demonstration portion, approved by 2248 the board and administered at a site and by personnel approved 2249 by the department. 2250 Section 44. Subsection (9) of section 489.115, Florida 2251 Statutes, is amended to read: 2252 489.115 Certification and registration; endorsement; 2253 reciprocity; renewals; continuing education.— 2254 (9) An initial applicant shall submit, along with the 2255 application, a complete set of fingerprints toin a form and2256manner required bythe department. The fingerprints shall be 2257 submitted to the Department of Law Enforcement for state 2258 processing, and the Department of Law Enforcement shall forward 2259 them to the Federal Bureau of Investigation for national 2260 processing for the purpose of determining if the applicant has a 2261 criminal history recordconducting a level 2 background check2262pursuant to s.435.04. The department shall and the board may 2263 review the background results to determine if an applicant meets 2264 licensure requirements. The cost for the fingerprint processing 2265 shall be borne by the person subject to the background 2266 screening. These fees are to be collected by the authorized 2267 agencies or vendors. The authorized agencies or vendors are 2268 responsible for paying the processing costs to the Department of 2269 Law Enforcement. 2270 Section 45. Paragraphs (g) and (h) of subsection (2) of 2271 section 943.05, Florida Statutes, are amended, and subsection 2272 (4) is added to that section, to read: 2273 943.05 Criminal Justice Information Program; duties; crime 2274 reports.— 2275 (2) The program shall: 2276 (g) Upon official written request, and subject to the 2277 department having sufficient funds and equipment to participate 2278 in such a request, from the agency executive director or 2279 secretary, or from his or her designee, or from qualified 2280 entities participating in the volunteer and employee criminal 2281 history screening system under s. 943.0542, or as otherwise 2282 requiredAs authorizedby law, retain fingerprints submitted by 2283 criminal and noncriminal justice agencies to the department for 2284 a criminal history background screening in a manner provided by 2285 rule and enter the fingerprints in the statewide automated 2286 fingerprint identification system authorized by paragraph (b). 2287 Such fingerprints shall thereafter be available for all purposes 2288 and uses authorized for arrest fingerprint submissionscards2289 entered into the statewide automated fingerprint identification 2290 system pursuant to s. 943.051. 2291 (h)1.For each agency or qualified entity that officially 2292 requests retention of fingerprints or for which retention is 2293 otherwise requiredAs authorizedby law, search all arrest 2294 fingerprint submissionscardsreceived under s. 943.051 against 2295 the fingerprints retained in the statewide automated fingerprint 2296 identification system under paragraph (g). 2297 1. Any arrest record that is identified with the retained 2298 fingerprints of a person subject to background screening as 2299 provided in paragraph (g) shall be reported to the appropriate 2300 agency or qualified entity. 2301 2. ToAgencies mayparticipate in this search process, 2302 agencies or qualified entities must notify each person 2303 fingerprinted that his or her fingerprints will be retained, pay 2304by payment ofan annual fee to the department, and informby2305informingthe department of any change in the affiliation, 2306 employment, or contractual statusor place of affiliation,2307employment, or contractingof each personthe personswhose 2308 fingerprints are retained under paragraph (g) when such change 2309 removes or eliminates the agency or qualified entity’s basis or 2310 need for receiving reports of any arrest of that person, so that 2311 the agency or qualified entity will not be obligated to pay the 2312 upcoming annual fee for the retention and searching of that 2313 person’s fingerprints to the department. The department shall 2314 adopt a rule setting the amount of the annual fee to be imposed 2315 upon each participating agency or qualified entity for 2316 performing these searches and establishing the procedures for 2317 the retention of fingerprints and the dissemination of search 2318 results. The fee may be borne by the agency, qualified entity, 2319 or person subject to fingerprint retention or as otherwise 2320 provided by law.Fees may be waived or reduced by the executive2321director for good cause shown.Consistent with the recognition 2322 of criminal justice agencies expressed in s. 943.053(3), these 2323 services will be provided to criminal justice agencies for 2324 criminal justice purposes free of charge. 2325 3. Agencies that participate in the fingerprint retention 2326 and search process may adopt rules pursuant to ss. 120.536(1) 2327 and 120.54 to require employers to keep the agency informed of 2328 any change in the affiliation, employment, or contractual status 2329 of each person whose fingerprints are retained under paragraph 2330 (g) when such change removes or eliminates the agency’s basis or 2331 need for receiving reports of any arrest of that person, so that 2332 the agency will not be obligated to pay the upcoming annual fee 2333 for the retention and searching of that person’s fingerprints to 2334 the department. 2335 (4) Upon notification that a federal fingerprint retention 2336 program is in effect, and subject to the department being funded 2337 and equipped to participate in such a program, the department 2338 shall, when state and national criminal history records checks 2339 and retention of submitted prints are authorized or required by 2340 law, retain the fingerprints as provided in paragraphs (2)(g) 2341 and (h) and advise the Federal Bureau of Investigation to retain 2342 the fingerprints at the national level for searching against 2343 arrest fingerprint submissions received at the national level. 2344 Section 46. Subsections (6) and (11) of section 943.053, 2345 Florida Statutes, are amended to read: 2346 943.053 Dissemination of criminal justice information; 2347 fees.— 2348 (6) Notwithstanding any other provision of law, the 2349 department shall provide to theFloridaDepartment of Revenue 2350Child Support Enforcementaccess to Florida criminal records 2351 which are not exempt from disclosure under chapter 119, and to 2352 such information as may be lawfully available from other states 2353 via the National Law Enforcement Telecommunications System, for 2354 the purpose of locating subjects who owe or potentially owe 2355 support, as defined in s. 409.2554, or to whom such obligation 2356 is owed pursuant to Title IV-D of the Social Security Act. Such 2357 information may be provided to child support enforcement 2358 authorities in other states for these specific purposes. 2359 (11) A criminal justice agency that is authorized under 2360 federal rules or law to conduct a criminal history background 2361 check on an agency employee who is not certified by the Criminal 2362 Justice Standards and Training Commission under s. 943.12 may 2363 submit to the department the fingerprints of the noncertified 2364 employee to obtain state and national criminal history 2365 information.Effective January 15, 2007,The fingerprints 2366 submitted shall be retained and entered in the statewide 2367 automated fingerprint identification system authorized by s. 2368 943.05 and shall be available for all purposes and uses 2369 authorized for arrest fingerprint submissionscardsentered in 2370 the statewide automated fingerprint identification system 2371 pursuant to s. 943.051. The department shall search all arrest 2372 fingerprint submissionscardsreceived pursuant to s. 943.051 2373 against the fingerprints retained in the statewide automated 2374 fingerprint identification system pursuant to this section. In 2375 addition to all purposes and uses authorized for arrest 2376 fingerprint submissionscardsfor which submitted fingerprints 2377 may be used, any arrest record that is identified with the 2378 retained employee fingerprints must be reported to the 2379 submitting employing agency. 2380 Section 47. Paragraph (a) of subsection (2) of section 2381 984.01, Florida Statutes, is amended to read: 2382 984.01 Purposes and intent; personnel standards and 2383 screening.— 2384 (2) The Department of Juvenile Justice or the Department of 2385 Children and Family Services, as appropriate, may contract with 2386 the Federal Government, other state departments and agencies, 2387 county and municipal governments and agencies, public and 2388 private agencies, and private individuals and corporations in 2389 carrying out the purposes of, and the responsibilities 2390 established in, this chapter. 2391 (a) When the departmentof Juvenile Justice or the2392Department of Children and Family Servicescontracts with a 2393 provider for any program for children, all personnel, including 2394 owners, operators, employees, and volunteers, in the facility 2395 must be of good moral character. Each contract entered into by 2396 either department for services delivered on an appointment or 2397 intermittent basis by a provider that does not have regular 2398 custodial responsibility for children and each contract with a 2399 school for before or aftercare services must ensure that the 2400 owners, operators, and all personnel who have direct contact 2401 with children are of good moral character. A volunteer who 2402 assists on an intermittent basis for less than 1040hours per 2403 month need not be screened, provided a person who meets the 2404 screening requirement of this section is always present and has 2405 the volunteer in his or her line of sightif the volunteer is2406under direct and constant supervision by persons who meet the2407screening requirements. 2408 Section 48. Section 985.644, Florida Statutes, is amended 2409 to read: 2410 985.644 Departmental contracting powers; personnel 2411 standards and screening.— 2412 (1) The departmentof Juvenile Justice or the Department of2413Children and Family Services, as appropriate,may contract with 2414 the Federal Government, other state departments and agencies, 2415 county and municipal governments and agencies, public and 2416 private agencies, and private individuals and corporations in 2417 carrying out the purposes of, and the responsibilities 2418 established in, this chapter. 2419 (a)When the Department of Juvenile Justice or the2420Department of Children and Family Services contracts with a2421provider for any program for children, all personnel, including2422owners, operators, employees, and volunteers, in the facility2423must be of good moral character.Each contract entered into by 2424 theeitherdepartment for services delivered on an appointment 2425 or intermittent basis by a provider that does not have regular 2426 custodial responsibility for children and each contract with a 2427 school for before or aftercare services must ensure that allthe2428 owners, operators, andallpersonnel who have direct contact 2429 with children are subject to level 2 background screening 2430 pursuant to chapter 435of good moral character. 2431 (b) A volunteer who assists the department or any program 2432 for children on an intermittent basis for less than 1040hours 2433 per month need not be screened, provided a person who meets the 2434 screening requirement of this section is always present and has 2435 the volunteer in his or her line of sightif the volunteer is2436under direct and constant supervision by persons who meet the2437screening requirements. 2438(b) The Department of Juvenile Justice and the Department2439of Children and Family Services shall require employment2440screening pursuant to chapter 435, using the level 2 standards2441set forth in that chapter for personnel in programs for children2442or youths.2443(c) The Department of Juvenile Justice or the Department of2444Children and Family Services may grant exemptions from2445disqualification from working with children as provided in s.2446435.07.2447(2)The department may contract with the Federal2448Government, other state departments and agencies, county and2449municipal governments and agencies, public and private agencies,2450and private individuals and corporations in carrying out the2451purposes and the responsibilities of the delinquency services2452and programs of the department.2453 (2)(3)The department shall adopt a rule pursuant to 2454 chapter 120 establishing a procedure to provide notice of policy 2455 changes that affect contracted delinquency services and 2456 programs. A policy is defined as an operational requirement that 2457 applies to only the specified contracted delinquency service or 2458 program. The procedure shall include: 2459 (a) Public notice of policy development. 2460 (b) Opportunity for public comment on the proposed policy. 2461 (c) Assessment for fiscal impact upon the department and 2462 providers. 2463 (d) The department’s response to comments received. 2464(4) When the department contracts with a provider for any2465delinquency service or program, all personnel, including all2466owners, operators, employees, and volunteers in the facility or2467providing the service or program shall be of good moral2468character. A volunteer who assists on an intermittent basis for2469less than 40 hours per month is not required to be screened if2470the volunteer is under direct and constant supervision by2471persons who meet the screening requirements.2472 (3)(5)(a) All employees of the department and all personnel 2473 of contract providers for any program for children, including 2474 all owners, operators, employees, persons who have access to 2475 confidential juvenile records, and volunteers, must completeFor2476any person employed by the department, or by a provider under2477contract with the department, in delinquency facilities,2478services, or programs, the department shall require: 2479 1. A level 2 employment screening pursuant to chapter 435 2480 prior to employment. The security background investigations 2481 conducted under this section must ensure that, in addition to 2482 the disqualifying offenses listed in s. 435.04, no person 2483 subject to the background screening provisions of this section 2484 has been found guilty of, regardless of adjudication, or entered 2485 a plea of nolo contendere or guilty to, any offense prohibited 2486 under any of the following provisions of the Florida Statutes or 2487 under any similar statute of another jurisdiction: 2488 a. Section 784.07, relating to assault or battery of law 2489 enforcement officers, firefighters, emergency medical care 2490 providers, public transit employees or agents, or other 2491 specified officers. 2492 b. Section 817.568, relating to criminal use of personal 2493 identification information. 2494 2. A nationalfederalcriminal records check by the Federal 2495 Bureau of Investigation every 5 years following the date of the 2496 person’s employment. 2497 (b) Except for law enforcement, correctional, and 2498 correctional probation officers, to whom s. 943.13(5) applies, 2499 the department shall electronically submit to the Department of 2500 Law Enforcement: 2501 1. Fingerprint information obtained during the employment 2502 screening required by subparagraph (a)1. 2503 2.Beginning on December 15, 2005,Fingerprint information 2504 for all persons employed by the department, or by a provider 2505 under contract with the department, in delinquency facilities, 2506 services, or programs if such fingerprint information has not 2507 previously been electronically submitted to the Department of 2508 Law Enforcement under this paragraph. 2509 (c) All fingerprint information electronically submitted to 2510 the Department of Law Enforcement under paragraph (b) shall be 2511 retained by the Department of Law Enforcement and entered into 2512 the statewide automated fingerprint identification system 2513 authorized by s. 943.05(2)(b). Thereafter, such fingerprint 2514 information shall be available for all purposes and uses 2515 authorized for arrest fingerprint information entered into the 2516 statewide automated fingerprint identification system pursuant 2517 to s. 943.051 until the fingerprint information is removed 2518 pursuant to paragraph (e). The Department of Law Enforcement 2519 shall search all arrest fingerprint information received 2520 pursuant to s. 943.051 against the fingerprint information 2521 entered into the statewide automated fingerprint system pursuant 2522 to this subsection. Any arrest records identified as a result of 2523 the search shall be reported to the department in the manner and 2524 timeframe established by the Department of Law Enforcement by 2525 rule. 2526 (d) The department shall pay an annual fee to the 2527 Department of Law Enforcement for its costs resulting from the 2528 fingerprint information retention services required by this 2529 subsection. The amount of the annual fee and procedures for the 2530 submission and retention of fingerprint information and for the 2531 dissemination of search results shall be established by the 2532 Department of Law Enforcement by a rule that is applicable to 2533 the department individually pursuant to this subsection or that 2534 is applicable to the department and other employing agencies 2535 pursuant to rulemaking authority otherwise provided by law. 2536 (e) The department shall notify the Department of Law 2537 Enforcement when a person whose fingerprint information is 2538 retained by the Department of Law Enforcement under this 2539 subsection is no longer employed by the department, or by a 2540 provider under contract with the department, in a delinquency 2541 facility, service, or program. This notice shall be provided by 2542 the department to the Department of Law Enforcement no later 2543 than 6 months after the date of the change in the person’s 2544 employment status. Fingerprint information for persons 2545 identified by the department in the notice shall be removed from 2546 the statewide automated fingerprint system. 2547 (6) The department may grant exemptions from 2548 disqualification from working with children as provided in s. 2549 435.07. 2550 (7) The department may adopt rules pursuant to ss. 2551 120.536(1) and 120.54 to describe the procedure and requirements 2552 necessary to implement the employment screening and fingerprint 2553 retention services for all employees of the department and all 2554 personnel of contract providers for any program for children, 2555 including all owners, operators, employees, and volunteers, 2556 including the collection of associated fees. 2557 Section 49. Paragraph (a) of subsection (1) of section 2558 381.60225, Florida Statutes, is amended to read: 2559 381.60225 Background screening.— 2560 (1) Each applicant for certification must comply with the 2561 following requirements: 2562 (a) Upon receipt of a completed, signed, and dated 2563 application, the Agency for Health Care Administration shall 2564 require background screening, in accordance with the level 2 2565 standards for screening set forth in chapter 435, of the 2566 managing employee, or other similarly titled individual 2567 responsible for the daily operation of the organization, agency, 2568 or entity, and financial officer, or other similarly titled 2569 individual who is responsible for the financial operation of the 2570 organization, agency, or entity, including billings for 2571 services. The applicant must comply with the procedures for 2572 level 2 background screening as set forth in chapter 435, as2573well as the requirements of s.435.03(3). 2574 Section 50. Subsection (32) of section 409.912, Florida 2575 Statutes, is amended to read: 2576 409.912 Cost-effective purchasing of health care.—The 2577 agency shall purchase goods and services for Medicaid recipients 2578 in the most cost-effective manner consistent with the delivery 2579 of quality medical care. To ensure that medical services are 2580 effectively utilized, the agency may, in any case, require a 2581 confirmation or second physician’s opinion of the correct 2582 diagnosis for purposes of authorizing future services under the 2583 Medicaid program. This section does not restrict access to 2584 emergency services or poststabilization care services as defined 2585 in 42 C.F.R. part 438.114. Such confirmation or second opinion 2586 shall be rendered in a manner approved by the agency. The agency 2587 shall maximize the use of prepaid per capita and prepaid 2588 aggregate fixed-sum basis services when appropriate and other 2589 alternative service delivery and reimbursement methodologies, 2590 including competitive bidding pursuant to s. 287.057, designed 2591 to facilitate the cost-effective purchase of a case-managed 2592 continuum of care. The agency shall also require providers to 2593 minimize the exposure of recipients to the need for acute 2594 inpatient, custodial, and other institutional care and the 2595 inappropriate or unnecessary use of high-cost services. The 2596 agency shall contract with a vendor to monitor and evaluate the 2597 clinical practice patterns of providers in order to identify 2598 trends that are outside the normal practice patterns of a 2599 provider’s professional peers or the national guidelines of a 2600 provider’s professional association. The vendor must be able to 2601 provide information and counseling to a provider whose practice 2602 patterns are outside the norms, in consultation with the agency, 2603 to improve patient care and reduce inappropriate utilization. 2604 The agency may mandate prior authorization, drug therapy 2605 management, or disease management participation for certain 2606 populations of Medicaid beneficiaries, certain drug classes, or 2607 particular drugs to prevent fraud, abuse, overuse, and possible 2608 dangerous drug interactions. The Pharmaceutical and Therapeutics 2609 Committee shall make recommendations to the agency on drugs for 2610 which prior authorization is required. The agency shall inform 2611 the Pharmaceutical and Therapeutics Committee of its decisions 2612 regarding drugs subject to prior authorization. The agency is 2613 authorized to limit the entities it contracts with or enrolls as 2614 Medicaid providers by developing a provider network through 2615 provider credentialing. The agency may competitively bid single 2616 source-provider contracts if procurement of goods or services 2617 results in demonstrated cost savings to the state without 2618 limiting access to care. The agency may limit its network based 2619 on the assessment of beneficiary access to care, provider 2620 availability, provider quality standards, time and distance 2621 standards for access to care, the cultural competence of the 2622 provider network, demographic characteristics of Medicaid 2623 beneficiaries, practice and provider-to-beneficiary standards, 2624 appointment wait times, beneficiary use of services, provider 2625 turnover, provider profiling, provider licensure history, 2626 previous program integrity investigations and findings, peer 2627 review, provider Medicaid policy and billing compliance records, 2628 clinical and medical record audits, and other factors. Providers 2629 shall not be entitled to enrollment in the Medicaid provider 2630 network. The agency shall determine instances in which allowing 2631 Medicaid beneficiaries to purchase durable medical equipment and 2632 other goods is less expensive to the Medicaid program than long 2633 term rental of the equipment or goods. The agency may establish 2634 rules to facilitate purchases in lieu of long-term rentals in 2635 order to protect against fraud and abuse in the Medicaid program 2636 as defined in s. 409.913. The agency may seek federal waivers 2637 necessary to administer these policies. 2638 (32) Each managed care plan that is under contract with the 2639 agency to provide health care services to Medicaid recipients 2640 shall annually conduct a background check with the Florida 2641 Department of Law Enforcement of all persons with ownership 2642 interest of 5 percent or more or executive management 2643 responsibility for the managed care plan and shall submit to the 2644 agency information concerning any such person who has been found 2645 guilty of, regardless of adjudication, or has entered a plea of 2646 nolo contendere or guilty to, any of the offenses listed in s. 2647 435.04435.03. 2648 Section 51. Paragraph (e) of subsection (1) of section 2649 464.018, Florida Statutes, is amended to read: 2650 464.018 Disciplinary actions.— 2651 (1) The following acts constitute grounds for denial of a 2652 license or disciplinary action, as specified in s. 456.072(2): 2653 (e) Having been found guilty of, regardless of 2654 adjudication, or entered a plea of nolo contendere or guilty to, 2655 any offense prohibited under s. 435.04435.03or under any 2656 similar statute of another jurisdiction; or having committed an 2657 act which constitutes domestic violence as defined in s. 741.28. 2658 Section 52. Paragraph (m) of subsection (1) of section 2659 468.3101, Florida Statutes, is amended to read: 2660 468.3101 Disciplinary grounds and actions.— 2661 (1) The department may make or require to be made any 2662 investigations, inspections, evaluations, and tests, and require 2663 the submission of any documents and statements, which it 2664 considers necessary to determine whether a violation of this 2665 part has occurred. The following acts shall be grounds for 2666 disciplinary action as set forth in this section: 2667 (m) Having been found guilty of, regardless of 2668 adjudication, or pleading guilty or nolo contendere to, any 2669 offense prohibited under s. 435.04435.03or under any similar 2670 statute of another jurisdiction. 2671 Section 53. Subsection (3) of section 744.309, Florida 2672 Statutes, is amended to read: 2673 744.309 Who may be appointed guardian of a resident ward.— 2674 (3) DISQUALIFIED PERSONS.—No person who has been convicted 2675 of a felony or who, from any incapacity or illness, is incapable 2676 of discharging the duties of a guardian, or who is otherwise 2677 unsuitable to perform the duties of a guardian, shall be 2678 appointed to act as guardian. Further, no person who has been 2679 judicially determined to have committed abuse, abandonment, or 2680 neglect against a child as defined in s. 39.01 or s. 984.03(1), 2681 (2), and (37), or who has been found guilty of, regardless of 2682 adjudication, or entered a plea of nolo contendere or guilty to, 2683 any offense prohibited under s. 435.04435.03or under any 2684 similar statute of another jurisdiction, shall be appointed to 2685 act as a guardian. Except as provided in subsection (5) or 2686 subsection (6), a person who provides substantial services to 2687 the proposed ward in a professional or business capacity, or a 2688 creditor of the proposed ward, may not be appointed guardian and 2689 retain that previous professional or business relationship. A 2690 person may not be appointed a guardian if he or she is in the 2691 employ of any person, agency, government, or corporation that 2692 provides service to the proposed ward in a professional or 2693 business capacity, except that a person so employed may be 2694 appointed if he or she is the spouse, adult child, parent, or 2695 sibling of the proposed ward or the court determines that the 2696 potential conflict of interest is insubstantial and that the 2697 appointment would clearly be in the proposed ward’s best 2698 interest. The court may not appoint a guardian in any other 2699 circumstance in which a conflict of interest may occur. 2700 Section 54. Subsection (12) of section 744.474, Florida 2701 Statutes, is amended to read: 2702 744.474 Reasons for removal of guardian.—A guardian may be 2703 removed for any of the following reasons, and the removal shall 2704 be in addition to any other penalties prescribed by law: 2705 (12) Having been found guilty of, regardless of 2706 adjudication, or entered a plea of nolo contendere or guilty to, 2707 any offense prohibited under s. 435.04435.03or under any 2708 similar statute of another jurisdiction. 2709 Section 55. Paragraph (a) of subsection (6) of section 2710 985.04, Florida Statutes, is amended to read: 2711 985.04 Oaths; records; confidential information.— 2712 (6)(a) Records maintained by the department, including 2713 copies of records maintained by the court, which pertain to a 2714 child found to have committed a delinquent act which, if 2715 committed by an adult, would be a crime specified in s.ss.2716435.03and435.04 may not be destroyed under this section for a 2717 period of 25 years after the youth’s final referral to the 2718 department, except in cases of the death of the child. Such 2719 records, however, shall be sealed by the court for use only in 2720 meeting the screening requirements for personnel in s. 402.3055 2721 and the other sections cited above, or under departmental rule; 2722 however, current criminal history information must be obtained 2723 from the Department of Law Enforcement in accordance with s. 2724 943.053. The information shall be released to those persons 2725 specified in the above cited sections for the purposes of 2726 complying with those sections. The court may punish by contempt 2727 any person who releases or uses the records for any unauthorized 2728 purpose. 2729 Section 56. Section 409.1758, Florida Statutes, is 2730 repealed. 2731 Section 57. Paragraph (d) of subsection (4) of section 2732 456.039, Florida Statutes, is repealed. 2733 Section 58. The changes made by this act are intended to be 2734 prospective in nature. It is not intended that persons who are 2735 employed or licensed on the effective date of this act be 2736 rescreened until such time as they are otherwise required to be 2737 rescreened pursuant to law, at which time they must meet the 2738 requirements for screening as set forth in this act. 2739 Section 59. This act shall take effect August 1, 2010.
