Bill Amendment: FL S1008 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Background Screening Requirements
Status: 2024-03-08 - Died in Fiscal Policy [S1008 Detail]
Download: Florida-2024-S1008-Senate_Committee_Amendment_182152.html
Bill Title: Background Screening Requirements
Status: 2024-03-08 - Died in Fiscal Policy [S1008 Detail]
Download: Florida-2024-S1008-Senate_Committee_Amendment_182152.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1008 Ì182152|Î182152 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Health and Human Services (Grall) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Before line 55 4 insert: 5 Section 1. Subsection (4) of section 408.809, Florida 6 Statutes, is amended to read: 7 408.809 Background screening; prohibited offenses.— 8 (4) In addition to the offenses listed in s. 435.04, all 9 persons required to undergo background screening pursuant to 10 this part or authorizing statutes must not have an arrest 11 awaiting final disposition for, must not have been found guilty 12 of, regardless of adjudication, or entered a plea of nolo 13 contendere or guilty to, and must not have been adjudicated 14 delinquent and the record not have been sealed or expunged for 15 any of the following offenses or any similar offense of another 16 jurisdiction: 17 (a) Any authorizing statutes, if the offense was a felony. 18 (b) This chapter, if the offense was a felony. 19 (c) Section 39.205, relating to the failure to report child 20 abuse, abandonment, or neglect. 21 (d) Section 409.920, relating to Medicaid provider fraud. 22 (e)(d)Section 409.9201, relating to Medicaid fraud. 23 (f) Section 414.39, relating to fraud, if the offense was a 24 felony. 25 (g)(e)Section 741.28, relating to domestic violence. 26 (h)(f)Section 777.04, relating to attempts, solicitation, 27 and conspiracy to commit an offense listed in this subsection. 28 (i)(g)Section 784.03, relating to battery, if the victim 29 is a vulnerable adult as defined in s. 415.102 or a patient or 30 resident of a facility licensed under chapter 395, chapter 400, 31 or chapter 429. 32 (j) Section 787.06, relating to human trafficking. 33 (k) Section 787.07, relating to human smuggling. 34 (l)(h)Section 817.034, relating to fraudulent acts through 35 mail, wire, radio, electromagnetic, photoelectronic, or 36 photooptical systems. 37 (m)(i)Section 817.234, relating to false and fraudulent 38 insurance claims. 39 (n)(j)Section 817.481, relating to obtaining goods by 40 using a false or expired credit card or other credit device, if 41 the offense was a felony. 42 (o)(k)Section 817.50, relating to fraudulently obtaining 43 goods or services from a health care provider. 44 (p)(l)Section 817.505, relating to patient brokering. 45 (q)(m)Section 817.568, relating to criminal use of 46 personal identification information. 47 (r)(n)Section 817.60, relating to obtaining a credit card 48 through fraudulent means. 49 (s)(o)Section 817.61, relating to fraudulent use of credit 50 cards, if the offense was a felony. 51 (t)(p)Section 831.01, relating to forgery. 52 (u)(q)Section 831.02, relating to uttering forged 53 instruments. 54 (v)(r)Section 831.07, relating to forging bank bills, 55 checks, drafts, or promissory notes. 56 (w)(s)Section 831.09, relating to uttering forged bank 57 bills, checks, drafts, or promissory notes. 58 (x)(t)Section 831.30, relating to fraud in obtaining 59 medicinal drugs. 60 (y)(u)Section 831.31, relating to the sale, manufacture, 61 delivery, or possession with the intent to sell, manufacture, or 62 deliver any counterfeit controlled substance, if the offense was 63 a felony. 64 (z) Section 831.311, relating to the unlawful sale, 65 manufacture, alteration, delivery, uttering, or possession of 66 counterfeit-resistant prescription blanks for controlled 67 substances. 68 (aa) Section 836.10, relating to written or electronic 69 threats to kill, do bodily injury, or conduct a mass shooting or 70 an act of terrorism. 71 (bb) Section 859.01, relating to poisoning food or water. 72 (cc) Section 873.01, relating to the prohibition on the 73 purchase or sale of human organs and tissue. 74 (dd)(v)Section 895.03, relating to racketeering and 75 collection of unlawful debts. 76 (ee)(w)Section 896.101, relating to the Florida Money 77 Laundering Act. 78 79 If, upon rescreening, a person who is currently employed or 80 contracted with a licensee and was screened and qualified under 81 s. 435.04 has a disqualifying offense that was not a 82 disqualifying offense at the time of the last screening, but is 83 a current disqualifying offense and was committed before the 84 last screening, he or she may apply for an exemption from the 85 appropriate licensing agency and, if agreed to by the employer, 86 may continue to perform his or her duties until the licensing 87 agency renders a decision on the application for exemption if 88 the person is eligible to apply for an exemption and the 89 exemption request is received by the agency no later than 30 90 days after receipt of the rescreening results by the person. 91 Section 2. Persons subject to the background screening 92 requirements of s. 408.809, Florida Statutes, who were screened 93 before July 1, 2024, must submit to rescreening in compliance 94 with the following schedule: 95 (1) Persons for whom the last screening was conducted on or 96 before June 30, 2021, must be rescreened by July 1, 2025. 97 (2) Persons for whom the last screening was conducted 98 between July 1, 2021, and June 30, 2022, must be rescreened by 99 July 1, 2026. 100 (3) Persons for whom the last screening was conducted 101 between July 1, 2022, and June 30, 2023, must be rescreened by 102 July 1, 2027. 103 (4) Persons for whom the last screening was conducted 104 between July 1, 2023, and June 30, 2024, must be rescreened by 105 July 1, 2028. 106 107 ================= T I T L E A M E N D M E N T ================ 108 And the title is amended as follows: 109 Delete line 3 110 and insert: 111 ; amending s. 408.809, F.S.; specifying additional 112 disqualifying offenses under the background screening 113 requirements for certain persons in health care 114 practice settings; requiring certain persons to submit 115 to rescreening in compliance with a specified 116 schedule; amending s. 456.0135,