1(1) 2MINIMUM STANDARDS.4-5The agency shall require level 2 employment screening pursuant to chapter 435 for direct service providers who are unrelated to their clients, including support coordinators, and managers and supervisors of residential facilities or comprehensive transitional education programs licensed under this chapter and any other person, including volunteers, who provide care or services, who have access to a client’s living areas, or who have access to a client’s funds or personal property. Background screening shall include employment history checks as provided in s. 87435.03(1) 88and local criminal records checks through local law enforcement agencies.98(a) 99A volunteer who assists on an intermittent basis for less than 10 hours per month does not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer within his or her line of sight.
145(b) 146Licensed physicians, nurses, or other professionals licensed and regulated by the Department of Health are not subject to background screening pursuant to this section if they are providing a service that is within their scope of licensed practice.
184(c) 185A person selected by the family or the individual with developmental disabilities and paid by the family or the individual to provide supports or services is not required to have a background screening under this section.
221(d) 222Persons 12 years of age or older, including family members, residing with a direct services provider who provides services to clients in his or her own place of residence are subject to background screening; however, such persons who are 12 to 18 years of age shall be screened for delinquency records only.
274(2) 275EXEMPTIONS FROM DISQUALIFICATION.278-279The agency may grant exemptions from disqualification from working with children or adults with developmental disabilities only as provided in s. 300435.07301. 302(3) 303PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE CRIMINAL RECORDS CHECKS.313-314The costs of processing fingerprints and the state criminal records checks shall be borne by the employer or by the employee or individual who is being screened.
341(4) 342TERMINATION; HEARINGS PROVIDED.345-346(a) 347The agency shall deny, suspend, terminate, or revoke a license, certification, rate agreement, purchase order, or contract, or pursue other remedies provided in s. 371393.0673, 372s. 373393.0675, 374or s. 376393.0678 377in addition to or in lieu of denial, suspension, termination, or revocation for failure to comply with this section. 396(b) 397When the agency has reasonable cause to believe that grounds for denial or termination of employment exist, it shall notify, in writing, the employer and the person affected, stating the specific record that indicates noncompliance with the standards in this section.
438(c) 439The procedures established for hearing under chapter 120 shall be available to the employer and the person affected in order to present evidence relating either to the accuracy of the basis of exclusion or to the denial of an exemption from disqualification.
481(d) 482Refusal on the part of an employer to dismiss a manager, supervisor, or direct service provider who has been found to be in noncompliance with standards of this section shall result in automatic denial, termination, or revocation of the license or certification, rate agreement, purchase order, or contract, in addition to any other remedies pursued by the agency.
540(5) 541DISQUALIFYING OFFENSES.543-544The background screening conducted under this section must ensure that, in addition to the disqualifying offenses listed in s. 563435.04, 564no person subject to the provisions of this section has an arrest awaiting final disposition for, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:631(a) 632Any authorizing statutes, if the offense was a felony.
641(b) 642This chapter, if the offense was a felony.
650(c) 651Section 652409.920, 653relating to Medicaid provider fraud. 658(d) 659Section 660409.9201, 661relating to Medicaid fraud. 665(e) 666Section 667817.034, 668relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems. 681(f) 682Section 683817.234, 684relating to false and fraudulent insurance claims. 691(g) 692Section 693817.505, 694relating to patient brokering. 698(h) 699Section 700817.568, 701relating to criminal use of personal identification information. 709(i) 710Section 711817.60, 712relating to obtaining a credit card through fraudulent means. 721(j) 722Section 723817.61, 724relating to fraudulent use of credit cards, if the offense was a felony. 737(k) 738Section 739831.01, 740relating to forgery. 743(l) 744Section 745831.02, 746relating to uttering forged instruments. 751(m) 752Section 753831.07, 754relating to forging bank bills, checks, drafts, or promissory notes. 764(n) 765Section 766831.09, 767relating to uttering forged bank bills, checks, drafts, or promissory notes. 
