Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1008
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Appropriations Committee on Health and Human Services
       (Grall) recommended the following:
       
    1         Senate Substitute for Amendment (182152) (with title
    2  amendment)
    3  
    4         Before line 55
    5  insert:
    6         Section 1. Subsection (2) of section 435.04, Florida
    7  Statutes, as amended by section 2 of chapter 2023-220, Laws of
    8  Florida, is amended to read:
    9         435.04 Level 2 screening standards.—
   10         (2) The security background investigations under this
   11  section must ensure that persons subject to this section have
   12  not been arrested for and are not awaiting final disposition of,
   13  have not been found guilty of, regardless of adjudication, or
   14  entered a plea of nolo contendere or guilty to, or have not been
   15  adjudicated delinquent and the record has not been sealed or
   16  expunged for, any offense prohibited under any of the following
   17  provisions of state law or similar law of another jurisdiction:
   18         (a) Section 39.205, relating to the failure to report child
   19  abuse, abandonment, or neglect.
   20         (b) Section 393.135, relating to sexual misconduct with
   21  certain developmentally disabled clients and reporting of such
   22  sexual misconduct.
   23         (c)(b) Section 394.4593, relating to sexual misconduct with
   24  certain mental health patients and reporting of such sexual
   25  misconduct.
   26         (d)Section 414.39, relating to fraud, if the offense was a
   27  felony.
   28         (e)(c) Section 415.111, relating to adult abuse, neglect,
   29  or exploitation of aged persons or disabled adults.
   30         (f)(d) Section 777.04, relating to attempts, solicitation,
   31  and conspiracy to commit an offense listed in this subsection.
   32         (g)(e) Section 782.04, relating to murder.
   33         (h)(f) Section 782.07, relating to manslaughter, aggravated
   34  manslaughter of an elderly person or disabled adult, or
   35  aggravated manslaughter of a child.
   36         (i)(g) Section 782.071, relating to vehicular homicide.
   37         (j)(h) Section 782.09, relating to killing of an unborn
   38  child by injury to the mother.
   39         (k)(i) Chapter 784, relating to assault, battery, and
   40  culpable negligence, if the offense was a felony.
   41         (l)(j) Section 784.011, relating to assault, if the victim
   42  of the offense was a minor.
   43         (m)(k) Section 784.021, relating to aggravated assault.
   44         (n)(l) Section 784.03, relating to battery, if the victim
   45  of the offense was a minor.
   46         (o)(m) Section 784.045, relating to aggravated battery.
   47         (p)(n) Section 784.075, relating to battery on staff of a
   48  detention or commitment facility or on a juvenile probation
   49  officer.
   50         (q)(o) Section 787.01, relating to kidnapping.
   51         (r)(p) Section 787.02, relating to false imprisonment.
   52         (s)(q) Section 787.025, relating to luring or enticing a
   53  child.
   54         (t)(r) Section 787.04(2), relating to taking, enticing, or
   55  removing a child beyond the state limits with criminal intent
   56  pending custody proceedings.
   57         (u)(s) Section 787.04(3), relating to carrying a child
   58  beyond the state lines with criminal intent to avoid producing a
   59  child at a custody hearing or delivering the child to the
   60  designated person.
   61         (v)Section 787.06, relating to human trafficking.
   62         (w)Section 787.07, relating to human smuggling.
   63         (x)(t) Section 790.115(1), relating to exhibiting firearms
   64  or weapons within 1,000 feet of a school.
   65         (y)(u) Section 790.115(2)(b), relating to possessing an
   66  electric weapon or device, destructive device, or other weapon
   67  on school property.
   68         (z)(v) Section 794.011, relating to sexual battery.
   69         (aa)(w) Former s. 794.041, relating to prohibited acts of
   70  persons in familial or custodial authority.
   71         (bb)(x) Section 794.05, relating to unlawful sexual
   72  activity with certain minors.
   73         (cc)(y) Section 794.08, relating to female genital
   74  mutilation.
   75         (dd)(z) Chapter 796, relating to prostitution.
   76         (ee)(aa) Section 798.02, relating to lewd and lascivious
   77  behavior.
   78         (ff)(bb) Chapter 800, relating to lewdness and indecent
   79  exposure and offenses against students by authority figures.
   80         (gg)(cc) Section 806.01, relating to arson.
   81         (hh)(dd) Section 810.02, relating to burglary.
   82         (ii)(ee) Section 810.14, relating to voyeurism, if the
   83  offense is a felony.
   84         (jj)(ff) Section 810.145, relating to video voyeurism, if
   85  the offense is a felony.
   86         (kk)(gg) Chapter 812, relating to theft, robbery, and
   87  related crimes, if the offense is a felony.
   88         (ll)(hh) Section 817.563, relating to fraudulent sale of
   89  controlled substances, only if the offense was a felony.
   90         (mm)(ii) Section 825.102, relating to abuse, aggravated
   91  abuse, or neglect of an elderly person or disabled adult.
   92         (nn)(jj) Section 825.1025, relating to lewd or lascivious
   93  offenses committed upon or in the presence of an elderly person
   94  or disabled adult.
   95         (oo)(kk) Section 825.103, relating to exploitation of an
   96  elderly person or disabled adult, if the offense was a felony.
   97         (pp)(ll) Section 826.04, relating to incest.
   98         (qq)(mm) Section 827.03, relating to child abuse,
   99  aggravated child abuse, or neglect of a child.
  100         (rr)(nn) Section 827.04, relating to contributing to the
  101  delinquency or dependency of a child.
  102         (ss)(oo) Former s. 827.05, relating to negligent treatment
  103  of children.
  104         (tt)(pp) Section 827.071, relating to sexual performance by
  105  a child.
  106         (uu)Section 831.311, relating to the unlawful sale,
  107  manufacture, alteration, delivery, uttering, or possession of
  108  counterfeit-resistant prescription blanks for controlled
  109  substances.
  110         (vv)Section 836.10, relating to written or electronic
  111  threats to kill, do bodily injury, or conduct a mass shooting or
  112  an act of terrorism.
  113         (ww)(qq) Section 843.01, relating to resisting arrest with
  114  violence.
  115         (xx)(rr) Section 843.025, relating to depriving a law
  116  enforcement, correctional, or correctional probation officer
  117  means of protection or communication.
  118         (yy)(ss) Section 843.12, relating to aiding in an escape.
  119         (zz)(tt) Section 843.13, relating to aiding in the escape
  120  of juvenile inmates in correctional institutions.
  121         (aaa)(uu) Chapter 847, relating to obscene literature.
  122         (bbb)Section 859.01, relating to poisoning food or water.
  123         (ccc)Section 873.01, relating to the prohibition on the
  124  purchase or sale of human organs and tissue.
  125         (ddd)(vv) Section 874.05, relating to encouraging or
  126  recruiting another to join a criminal gang.
  127         (eee)(ww) Chapter 893, relating to drug abuse prevention
  128  and control, only if the offense was a felony or if any other
  129  person involved in the offense was a minor.
  130         (fff)(xx) Section 916.1075, relating to sexual misconduct
  131  with certain forensic clients and reporting of such sexual
  132  misconduct.
  133         (ggg)(yy) Section 944.35(3), relating to inflicting cruel
  134  or inhuman treatment on an inmate resulting in great bodily
  135  harm.
  136         (hhh)(zz) Section 944.40, relating to escape.
  137         (iii)(aaa) Section 944.46, relating to harboring,
  138  concealing, or aiding an escaped prisoner.
  139         (jjj)(bbb) Section 944.47, relating to introduction of
  140  contraband into a correctional facility.
  141         (kkk)(ccc) Section 985.701, relating to sexual misconduct
  142  in juvenile justice programs.
  143         (lll)(ddd) Section 985.711, relating to contraband
  144  introduced into detention facilities.
  145  
  146  ================= T I T L E  A M E N D M E N T ================
  147  And the title is amended as follows:
  148         Delete line 3
  149  and insert:
  150         ; amending s. 435.04, F.S.; specifying additional
  151         disqualifying offenses under the background screening
  152         requirements for certain persons; amending s.
  153         456.0135,