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- 1(1)(a) 2All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.72(b) 73Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.95(c) 96An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.147(d) 148An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.179(e) 180Vendors who submit fingerprints on behalf of employers must:1891. 190Meet the requirements of s. 195943.053; 196and1972. 198Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant’s full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race.245(2) 246The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have 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:326(a) 327Section 328393.135, 329relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.344(b) 345Section 346394.4593, 347relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.362(c) 363Section 364415.111, 365relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.378(d) 379Section 380777.04, 381relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.395(e) 396Section 397782.04, 398relating to murder.401(f) 402Section 403782.07, 404relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.422(g) 423Section 424782.071, 425relating to vehicular homicide.429(h) 430Section 431782.09, 432relating to killing of an unborn child by injury to the mother.444(i) 445Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.460(j) 461Section 462784.011, 463relating to assault, if the victim of the offense was a minor.475(k) 476Section 477784.03, 478relating to battery, if the victim of the offense was a minor.490(l) 491Section 492787.01, 493relating to kidnapping.496(m) 497Section 498787.02, 499relating to false imprisonment.503(n) 504Section 505787.025, 506relating to luring or enticing a child.513(o) 514Section 515787.04(2), 516relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.534(p) 535Section 536787.04(3), 537relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.566(q) 567Section 568790.115(1), 569relating to exhibiting firearms or weapons within 1,000 feet of a school.582(r) 583Section 584790.115(2)(b), 585relating to possessing an electric weapon or device, destructive device, or other weapon on school property.601(s) 602Section 603794.011, 604relating to sexual battery.608(t) 609Former s. 611794.041, 612relating to prohibited acts of persons in familial or custodial authority.623(u) 624Section 625794.05, 626relating to unlawful sexual activity with certain minors.634(v) 635Chapter 796, relating to prostitution.640(w) 641Section 642798.02, 643relating to lewd and lascivious behavior.649(x) 650Chapter 800, relating to lewdness and indecent exposure.658(y) 659Section 660806.01, 661relating to arson.664(z) 665Section 666810.02, 667relating to burglary.670(aa) 671Section 672810.14, 673relating to voyeurism, if the offense is a felony.682(bb) 683Section 684810.145, 685relating to video voyeurism, if the offense is a felony.695(cc) 696Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.711(dd) 712Section 713817.563, 714relating to fraudulent sale of controlled substances, only if the offense was a felony.728(ee) 729Section 730825.102, 731relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.745(ff) 746Section 747825.1025, 748relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.767(gg) 768Section 769825.103, 770relating to exploitation of an elderly person or disabled adult, if the offense was a felony.786(hh) 787Section 788826.04, 789relating to incest.792(ii) 793Section 794827.03, 795relating to child abuse, aggravated child abuse, or neglect of a child.807(jj) 808Section 809827.04, 810relating to contributing to the delinquency or dependency of a child.821(kk) 822Former s. 824827.05, 825relating to negligent treatment of children.831(ll) 832Section 833827.071, 834relating to sexual performance by a child.841(mm) 842Section 843843.01, 844relating to resisting arrest with violence.850(nn) 851Section 852843.025, 853relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.869(oo) 870Section 871843.12, 872relating to aiding in an escape.878(pp) 879Section 880843.13, 881relating to aiding in the escape of juvenile inmates in correctional institutions.893(qq) 894Chapter 847, relating to obscene literature.900(rr) 901Section 902874.05, 903relating to encouraging or recruiting another to join a criminal gang.914(ss) 915Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.943(tt) 944Section 945916.1075, 946relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.960(uu) 961Section 962944.35(3), 963relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.978(vv) 979Section 980944.40, 981relating to escape.984(ww) 985Section 986944.46, 987relating to harboring, concealing, or aiding an escaped prisoner.996(xx) 997Section 998944.47, 999relating to introduction of contraband into a correctional facility.1008(yy) 1009Section 1010985.701, 1011relating to sexual misconduct in juvenile justice programs.1019(zz) 1020Section 1021985.711, 1022relating to contraband introduced into detention facilities.1029(3) 1030The security background investigations under this section must ensure that no person subject to this section has been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 1083741.28, 1084whether such act was committed in this state or in another jurisdiction.1096(4) 1097For the purpose of screening applicability to participate in the Medicaid program, the security background investigations under this section must ensure that a person subject to screening under this section has not been arrested for and is not awaiting final disposition of; has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent and the record sealed or expunged for, any of the following offenses:1176(a) 1177Violation of a federal law or a law in any state which creates a criminal offense relating to:11951. 1196The delivery of any goods or services under Medicaid or Medicare or any other public or private health care or health insurance program, including the performance of management or administrative services relating to the delivery of goods or services under any such program;12392. 1240Neglect or abuse of a patient in connection with the delivery of any health care good or service;12583. 1259Unlawful manufacture, distribution, prescription, or dispensing of a controlled substance;12694. 1270Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct;12815. 1282Moral turpitude, if punishable by imprisonment of a year or more; or12946. 1295Interference with or obstruction of an investigation into any criminal offense identified in this subsection.1310(b) 1311Violation of the following state laws or laws of another jurisdiction:13221. 1323Section 1324817.569, 1325criminal use of a public record or information contained in a public record;13382. 1339Section 1340838.016, 1341unlawful compensation or reward for official behavior;13483. 1349Section 1350838.021, 1351corruption by threat against a public servant;13584. 1359Section 1360838.022, 1361official misconduct;13635. 1364Section 1365838.22, 1366bid tampering;13686. 1369Section 1370839.13, 1371falsifying records; or13747. 1375Section 1376839.26, 1377misuse of confidential information.1381(c) 1382Violation of a federal or state law, rule, or regulation governing the Florida Medicaid program or any other state Medicaid program, the Medicare program, or any other publicly funded federal or state health care or health insurance program.
History.-s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6, ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24.
