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The Exceptions in the Statutes
(Including changes made through 2007 legislative session)
(a) The person who is the subject of a criminal
history record that is [expunged or sealed] under this section or under other
provisions of law, including former s. 893.14, former s. 901.33, and former s.
943.058, may lawfully deny or fail to acknowledge the arrests covered by the
expunged record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Concurrently or subsequently petitions for relief under this section or s.
943.059;
4. Is a candidate for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department
of Children and Family Services or the Department of Juvenile Justice or to be
employed or used by such contractor or licensee in a sensitive position having
direct contact with children, the developmentally disabled, the aged, or the
elderly as provided in: or chapter 429;
s. 110.1127(3);
(3)(a) All positions in programs providing care to
children, the developmentally disabled, or vulnerable adults for 15 hours or
more per week; all permanent and temporary employee positions of the central
abuse hotline; and all persons working under contract who have access to abuse
records are deemed to be persons and positions of special trust or
responsibility, and require employment screening pursuant to chapter 435,
using the level 2 standards set forth in that chapter.
(b) The employing agency may grant exemptions from
disqualification from working with children, the developmentally disabled, or
vulnerable adults as provided in s.
435.07.
(c) All persons and employees in such positions of
trust or responsibility shall be required to undergo security background
investigations as a condition of employment and continued employment. For the
purposes of this subsection, security background investigations shall be
conducted as provided in chapter 435, using the level 2 standards for
screening set forth in that chapter.
(d) It is a misdemeanor of the first degree,
punishable as provided in s.
775.082 or s.
775.083, for any person
willfully, knowingly, or intentionally to:
1. Fail, by false statement, misrepresentation,
impersonation, or other fraudulent means, to disclose in any application for
voluntary or paid employment a material fact used in making a determination as
to such person's qualifications for a position of special trust;
2. Use records information for purposes other than
screening for employment or release records information to other persons for
purposes other than screening for employment.
(e) It is a felony of the third degree, punishable
as provided in s.
775.082, s.
775.083, or s.
775.084, for any person
willfully, knowingly, or intentionally to use juvenile records information for
any purposes other than specified in this section or to release such
information to other persons for purposes other than specified in this
section.
s. 393.063 (see complete section by clicking
HERE);
(15) "Direct service provider," also known as
"caregiver" in chapters 39 and 415 or "caretaker" in provisions relating to
employment security checks, means a person 18 years of age or older who has
direct contact with individuals with developmental disabilities and is
unrelated to the individuals with developmental disabilities.
(a) The term "direct service provider" also includes
any person, including members of the direct service provider's family, over 12
years of age who resides with the direct service provider when:
1. The direct service provider provides supports or
services in his or her residence;
2. The direct service provider provides supports or
services in a facility adjacent to his or her residence; or
3. The person residing with the direct service
provider has direct contact with the individual with developmental
disabilities during the hours of provision of supports or services.
(b) Persons residing with the direct service
provider, including family members, who are between the ages of 12 years and
18 years are not required to be fingerprinted, but shall be screened for
delinquency records.
(c) A volunteer who assists on an intermittent basis
for less than 40 hours per month is not a direct service provider for the
purposes of screening if the volunteer is under the direct and constant
supervision of persons who meet the personnel requirements of s.
393.0655.
(d) A physician, nurse, or other professional
licensed and regulated by the Department of Business and Professional
Regulation is not a direct service provider for the purposes of screening if
the service he or she is providing to a client is within the scope of practice
for which he or she is licensed.
(e) A 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 a direct service provider
for the purpose of screening.
s. 394.4572(1);
(1)(a) The department and the Agency for Health Care
Administration shall require employment screening for mental health personnel
using the standards for level 2 screening set forth in chapter 435. "Mental
health personnel" includes all program directors, professional clinicians,
staff members, and volunteers working in public or private mental health
programs and facilities who have direct contact with unmarried patients under
the age of 18 years.
(b) Students in the health care professions who are
interning in a mental health facility licensed under chapter 395, where the
primary purpose of the facility is not the treatment of minors, are exempt
from the fingerprinting and screening requirements, provided they are under
direct supervision in the actual physical presence of a licensed health care
professional.
(c) Mental health personnel working in a facility
licensed under chapter 395 who have less than 15 hours per week of direct
contact with patients or who are health care professionals licensed by the
Agency for Health Care Administration or a board thereunder are exempt from
the fingerprinting and screening requirements, except for persons working in
mental health facilities where the primary purpose of the facility is the
treatment of minors.
(d) A volunteer who assists on an intermittent basis
for less than 40 hours per month is exempt from the fingerprinting and
screening requirements, provided the volunteer is under direct and constant
supervision by persons who meet the screening requirements of paragraph (a).
s.
397.451;
Background checks of service provider personnel.--
(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
EXCEPTIONS.--
(a) Background checks shall apply as follows:
1. All owners, directors, and chief financial
officers of service providers are subject to level 2 background screening as
provided under chapter 435.
2. All service provider personnel who have direct
contact with children receiving services or with adults who are
developmentally disabled receiving services are subject to level 2 background
screening as provided under chapter 435.
(b) Members of a foster family and persons residing
with the foster family who are between 12 and 18 years of age are not required
to be fingerprinted but must have their backgrounds checked for delinquency
records. Members of the foster family and persons residing with the foster
family over 18 years of age are subject to full background checks.
(c) A volunteer who assists on an intermittent basis
for fewer than 40 hours per month and is under direct and constant supervision
by persons who meet all personnel requirements of this chapter is exempt from
fingerprinting and background check requirements.
(d) Service providers that are exempt from licensing
provisions of this chapter are exempt from personnel fingerprinting and
background check requirements, except as otherwise provided in this section. A
church or nonprofit religious organization exempt from licensure under this
chapter is required to comply with personnel fingerprinting and background
check requirements.
(e) Personnel employed by the Department of
Corrections in a substance abuse service component who have direct contact
with unmarried inmates under the age of 18 or with inmates who are
developmentally disabled are exempt from the fingerprinting and background
check requirements of this section.
(f) Service provider personnel who request an
exemption from disqualification must submit the request within 30 days after
being notified of a pending disqualification. The employment of service
provider personnel shall not be adversely affected pending disposition of the
request for an exemption. Disapproval of a request for an exemption shall
result in the immediate dismissal of the service provider personnel from
employment with the provider.
(2) EMPLOYMENT HISTORY CHECKS; CHECKS OF
REFERENCES.--The department shall assess employment history checks and checks
of references for all owners, directors, and chief financial officers, and the
directors shall assess employment history checks and checks of references for
each employee who has direct contact with children receiving services or
adults who are developmentally disabled receiving services.
(3) PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR
RECHECKED.--
(a) Service provider personnel who have been
fingerprinted or had their backgrounds checked pursuant to chapter 393,
chapter 394, chapter 402, or chapter 409, or this section, and teachers who
have been fingerprinted pursuant to chapter 1012, who have not been unemployed
for more than 90 days thereafter and who, under the penalty of perjury, attest
to the completion of such fingerprinting or background checks and to
compliance with the provisions of this section and the standards contained in
chapter 435 and this section, are not required to be refingerprinted or
rechecked.
(b) Service provider owners, directors, or chief
financial officers who are not covered by paragraph (a) who provide proof of
compliance with the level 2 background screening requirements which has been
submitted within the previous 5 years in compliance with any other state
health care licensure requirements are not required to be refingerprinted or
rechecked.
(4) EXEMPTIONS FROM DISQUALIFICATION.--
(a) The department may grant to any service provider
personnel an exemption from disqualification as provided in s. 435.07.
(b) Since rehabilitated substance abuse impaired
persons are effective in the successful treatment and rehabilitation of
substance abuse impaired adolescents, for service providers which treat
adolescents 13 years of age and older, service provider personnel whose
background checks indicate crimes under s. 817.563, s. 893.13, or s. 893.147
may be exempted from disqualification from employment pursuant to this
paragraph.
(c) The department may grant exemptions from
disqualification which would limit service provider personnel to working with
adults in substance abuse treatment facilities.
(5) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
CRIMINAL RECORDS CHECKS.--The employing service provider or the personnel who
are having their backgrounds checked are responsible for paying the costs of
processing fingerprints and criminal records checks.
(6) DISQUALIFICATION FROM RECEIVING STATE
FUNDS.--State funds may not be disseminated to any service provider owned or
operated by an owner, director, or chief financial officer who has been
convicted of, has entered a plea of guilty or nolo contendere to, or has had
adjudication withheld for, a violation of s. 893.135 pertaining to trafficking
in controlled substances, or a violation of the law of another state, the
District of Columbia, the United States or any possession or territory
thereof, or any foreign jurisdiction which is substantially similar in
elements and penalties to a trafficking offense in this state, unless the
owner's or director's civil rights have been restored.
History.--s. 3, ch. 93-39; s. 20, ch. 94-134; s. 20, ch. 94-135; s.
46, ch. 94-218; s. 16, ch. 95-152; s. 13, ch. 95-158; s. 36, ch. 95-228; s. 2,
ch. 95-407; s. 126, ch. 95-418; s. 9, ch. 96-268; s. 222, ch. 96-406; s. 10,
ch. 99-188; s. 12, ch. 2000-320; s. 6, ch. 2002-196; s. 1, ch. 2002-212; s.
986, ch. 2002-387.
s. 402.302(3);
"Child care personnel" means all owners,
operators, employees, and volunteers working in a child care facility. The term
does not include persons who work in a child care facility after hours when
children are not present or parents of children in Head Start. For purposes of
screening, the term includes any member, over the age of 12 years, of a child
care facility operator's family, or person, over the age of 12 years, residing
with a child care facility operator if the child care facility is located in or
adjacent to the home of the operator or if the family member of, or person
residing with, the child care facility operator has any direct contact with the
children in the facility during its hours of operation. Members of the
operator's family or persons residing with the operator who are between the ages
of 12 years and 18 years shall not be required to be fingerprinted but shall be
screened for delinquency records. For purposes of screening, the term shall also
include persons who work in child care programs which provide care for children
15 hours or more each week in public or nonpublic schools, summer day camps,
family day care homes, or those programs otherwise exempted under s. 402.316.
The term does not include public or nonpublic school personnel who are providing
care during regular school hours, or after hours for activities related to a
school's program for grades kindergarten through 12. A volunteer who assists on
an intermittent basis for less than 40 hours per month is not included in the
term "personnel" for the purposes of screening and training, provided that the
volunteer is under direct and constant supervision by persons who meet the
personnel requirements of s. 402.305(2). Students who observe and participate in
a child care facility as a part of their required coursework shall not be
considered child care personnel, provided such observation and participation are
on an intermittent basis and the students are under direct and constant
supervision of child care personnel.
s. 402.313(3);
Child care personnel in family day care homes
shall be subject to the applicable screening provisions contained in ss.
402.305(2) and 402.3055. For purposes of screening in family day care homes, the
term includes any member over the age of 12 years of a family day care home
operator's family, or persons over the age of 12 years residing with the
operator in the family day care home. Members of the operator's family, or
persons residing with the operator, who are between the ages of 12 years and 18
years shall not be required to be fingerprinted, but shall be screened for
delinquency records.
s. 409.175(2)(i);
"Personnel" means all owners, operators,
employees, and volunteers working in a child-placing agency, family foster home,
or residential child-caring agency who may be employed by or do volunteer work
for a person, corporation, or agency which holds a license as a child-placing
agency or a residential child-caring agency, but the term does not include those
who do not work on the premises where child care is furnished and either have no
direct contact with a child or have no contact with a child outside of the
presence of the child's parent or guardian. For purposes of screening, the term
shall include any member, over the age of 12 years, of the family of the owner
or operator or any person other than a client, over the age of 12 years,
residing with the owner or operator if the agency or family foster home is
located in or adjacent to the home of the owner or operator or if the family
member of, or person residing with, the owner or operator has any direct contact
with the children. Members of the family of the owner or operator, or persons
residing with the owner or operator, who are between the ages of 12 years and 18
years shall not be required to be fingerprinted, but shall be screened for
delinquency records. For purposes of screening, the term "personnel" shall also
include owners, operators, employees, and volunteers working in summer day
camps, or summer 24-hour camps providing care for children. A volunteer who
assists on an intermittent basis for less than 40 hours per month shall not be
included in the term "personnel" for the purposes of screening, provided that
the volunteer is under direct and constant supervision by persons who meet the
personnel requirements of this section.
s. 415.102(4);
"Caregiver" means a person who has been
entrusted with or has assumed the responsibility for frequent and regular care
of or services to a vulnerable adult on a temporary or permanent basis and who
has a commitment, agreement, or understanding with that person or that person's
guardian that a caregiver role exists. "Caregiver" includes, but is not limited
to, relatives, household members, guardians, neighbors, and employees and
volunteers of facilities as defined in subsection (8). For the purpose of
departmental investigative jurisdiction, the term "caregiver" does not include
law enforcement officers or employees of municipal or county detention
facilities or the Department of Corrections while acting in an official
capacity.
s. 415.103 Central abuse hotline.-- (exception for sealings only)
(1) The department shall establish and maintain a central abuse hotline
that receives all reports made pursuant to s. 415.1034 in writing or through
a single statewide toll-free telephone number. Any person may use the
statewide toll-free telephone number to report known or suspected abuse,
neglect, or exploitation of a vulnerable adult at any hour of the day or
night, any day of the week. The central abuse hotline must be operated in
such a manner as to enable the department to:
(a) Accept reports for investigation when there is a reasonable cause to
suspect that a vulnerable adult has been or is being abused, neglected, or
exploited.
(b) Determine whether the allegations made by the reporter require an
immediate, 24-hour, or next-working-day response priority.
(c) When appropriate, refer calls that do not allege the abuse, neglect, or
exploitation of a vulnerable adult to other organizations that might better
resolve the reporter's concerns.
(d) Immediately identify and locate prior reports of abuse, neglect, or
exploitation through the central abuse hotline.
(e) Track critical steps in the investigative process to ensure compliance
with all requirements for all reports.
(f) Maintain data to facilitate the production of aggregate statistical
reports for monitoring patterns of abuse, neglect, or exploitation.
(g) Serve as a resource for the evaluation, management, and planning of
preventive and remedial services for vulnerable adults who have been subject
to abuse, neglect, or exploitation.
(2) Upon receiving an oral or written report of known or suspected abuse,
neglect, or exploitation of a vulnerable adult, the central abuse hotline
must determine if the report requires an immediate onsite protective
investigation. For reports requiring an immediate onsite protective
investigation, the central abuse hotline must immediately notify the
department's designated protective investigative district staff responsible
for protective investigations to ensure prompt initiation of an onsite
investigation. For reports not requiring an immediate onsite protective
investigation, the central abuse hotline must notify the department's
designated protective investigative district staff responsible for
protective investigations in sufficient time to allow for an investigation
to be commenced within 24 hours. At the time of notification of district
staff with respect to the report, the central abuse hotline must also
provide any known information on any previous report concerning a subject of
the present report or any pertinent information relative to the present
report or any noted earlier reports.
(3) The department shall set standards, priorities, and policies to maximize
the efficiency and effectiveness of the central abuse hotline.
Chapter 916 MENTALLY DEFICIENT AND MENTALLY ILL DEFENDANTS
Read chapter. Pertains to working with mentally deficient and/or
ill defendants.
s. 985.644 Departmental contracting
powers; personnel standards and screening.--
(1) The Department of Juvenile Justice or the Department of Children and
Family Services, as appropriate, may contract with the Federal Government,
other state departments and agencies, county and municipal governments and
agencies, public and private agencies, and private individuals and
corporations in carrying out the purposes of, and the responsibilities
established in, this chapter.
(a) When the Department of Juvenile Justice or the Department of Children
and Family Services contracts with a provider for any program for children,
all personnel, including owners, operators, employees, and volunteers, in
the facility must be of good moral character. Each contract entered into by
either department for services delivered on an appointment or intermittent
basis by a provider that does not have regular custodial responsibility for
children and each contract with a school for before or aftercare services
must ensure that the owners, operators, and all personnel who have direct
contact with children are of good moral character. A volunteer who assists
on an intermittent basis for less than 40 hours per month need not be
screened if the volunteer is under direct and constant supervision by
persons who meet the screening requirements.
(b) The Department of Juvenile Justice and the Department of Children and
Family Services shall require employment screening pursuant to chapter 435,
using the level 2 standards set forth in that chapter for personnel in
programs for children or youths.
Chapter 400( NURSING HOMES AND
RELATED HEALTH CARE FACILITIES); or
Chapter 429 (Assisted
Care Communities)
6. Is seeking to be employed or licensed by the Department of Education, any
district school board, any university laboratory school, any charter school, any
private or parochial school, or any local governmental entity that licenses
child care facilities; or
7. (Exception for sealings only) Is attempting
to purchase a firearm from a licensed importer, licensed manufacturer, or
licensed dealer and is subject to a criminal history background check under
state or federal law; or
8. Is seeking authorization from a Florida seaport identified in s. 311.09 for
employment within or access to one or more of such seaports pursuant to s.
311.12 or s. 311.125.
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