1(1) 2Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under chapter 435:35(a) 36The licensee, if an individual.
41(b) 42The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.
59(c) 60The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.
79(d) 80Any person who is a controlling interest.
87(e) 88Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care or services directly to clients or have access to client funds, personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients, or contracting with a licensee or provider to work 20 hours a week or more who will have access to client funds, personal property, or living areas. Evidence of contractor screening may be retained by the contractor’s employer or the licensee.
205(2) 206Every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the person’s fingerprints to the Federal Bureau of Investigation for a national criminal history record check unless the person’s fingerprints are enrolled in the Federal Bureau of Investigation’s national retained print arrest notification program. If the fingerprints of such a person are not retained by the Department of Law Enforcement under s. 328943.05(2)(g) 329and (h), the person must submit fingerprints electronically to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The fingerprints shall be retained by the Department of Law Enforcement under s. 382943.05(2)(g) 383and (h) and enrolled in the national retained print arrest notification program when the Department of Law Enforcement begins participation in the program. The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. The agency may accept as satisfying the requirements of this section proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under chapter 651, provided that:496(a) 497The screening standards and disqualifying offenses for the prior screening are equivalent to those specified in s. 514435.04 515and this section; 518(b) 519The person subject to screening has not had a break in service from a position that requires level 2 screening for more than 90 days; and
545(c) 546Such proof is accompanied, under penalty of perjury, by an attestation of compliance with chapter 435 and this section using forms provided by the agency.
571(3) 572All fingerprints must be provided in electronic format. Screening results shall be reviewed by the agency with respect to the offenses specified in s. 596435.04 597and this section, and the qualifying or disqualifying status of the person named in the request shall be maintained in a database. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensee’s behalf. 650(4) 651In addition to the offenses listed in s. 659435.04, 660all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction:732(a) 733Any authorizing statutes, if the offense was a felony.
742(b) 743This chapter, if the offense was a felony.
751(c) 752Section 753409.920, 754relating to Medicaid provider fraud. 759(d) 760Section 761409.9201, 762relating to Medicaid fraud. 766(e) 767Section 768741.28, 769relating to domestic violence. 773(f) 774Section 775777.04, 776relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection. 790(g) 791Section 792784.03, 793relating to battery, if the victim is a vulnerable adult as defined in s. 807415.102 808or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429. 825(h) 826Section 827817.034, 828relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems. 841(i) 842Section 843817.234, 844relating to false and fraudulent insurance claims. 851(j) 852Section 853817.481, 854relating to obtaining goods by using a false or expired credit card or other credit device, if the offense was a felony. 876(k) 877Section 878817.50, 879relating to fraudulently obtaining goods or services from a health care provider. 891(l) 892Section 893817.505, 894relating to patient brokering. 898(m) 899Section 900817.568, 901relating to criminal use of personal identification information. 909(n) 910Section 911817.60, 912relating to obtaining a credit card through fraudulent means. 921(o) 922Section 923817.61, 924relating to fraudulent use of credit cards, if the offense was a felony. 937(p) 938Section 939831.01, 940relating to forgery. 943(q) 944Section 945831.02, 946relating to uttering forged instruments. 951(r) 952Section 953831.07, 954relating to forging bank bills, checks, drafts, or promissory notes. 964(s) 965Section 966831.09, 967relating to uttering forged bank bills, checks, drafts, or promissory notes. 978(t) 979Section 980831.30, 981relating to fraud in obtaining medicinal drugs. 988(u) 989Section 990831.31, 991relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony. 1017(v) 1018Section 1019895.03, 1020relating to racketeering and collection of unlawful debts. 1028(w) 1029Section 1030896.101, 1031relating to the Florida Money Laundering Act. 1038If, upon rescreening, a person who is currently employed or contracted with a licensee and was screened and qualified under s. 1059435.04 1060has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency no later than 30 days after receipt of the rescreening results by the person.
1163(5) 1164The costs associated with obtaining the required screening must be borne by the licensee or the person subject to screening. Licensees may reimburse persons for these costs. The Department of Law Enforcement shall charge the agency for screening pursuant to s. 1205943.053(3)1206. The agency shall establish a schedule of fees to cover the costs of screening. 1221(6)(a) 1222As provided in chapter 435, the agency may grant an exemption from disqualification to a person who is subject to this section and who:12461. 1247Does not have an active professional license or certification from the Department of Health; or
12622. 1263Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification.
1289(b) 1290As provided in chapter 435, the appropriate regulatory board within the Department of Health, or the department itself if there is no board, may grant an exemption from disqualification to a person who is subject to this section and who has received a professional license or certification from the Department of Health or a regulatory board within that department and that person is providing a service within the scope of his or her licensed or certified practice.
1367(7) 1368The agency and the Department of Health may adopt rules pursuant to ss. 1381120.536(1) 1382and 1383120.54 1384to implement this section, chapter 435, and authorizing statutes requiring background screening and to implement and adopt criteria relating to retaining fingerprints pursuant to s. 1409943.05(2)1410. 1411(8) 1412There is no reemployment assistance or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency.
