Fla. Stat. § 408.809 - Background screening; prohibited offenses

What this rule requires your agency to do

• 1The provider must require covered persons to submit electronically captured fingerprints for processing through the Florida Department of Law Enforcement and the FBI as part of the Level 2 screening. (Fla. Stat. § 408.809)(Fla. Stat. § 408.809)
• 2The provider must not employ, contract with, or retain in a covered capacity any person who has an arrest awaiting final disposition, or a conviction, guilty plea, or nolo contendere plea to any of the prohibited offenses enumerated in the statute (including Medicaid fraud, abuse/neglect of vulnerable adults, and specified felonies). (Fla. Stat. § 408.809(4))(Fla. Stat. § 408.809 - Background screening; prohibited offenses)
• 3The provider must ensure Level 2 background screening pursuant to chapter 435 is conducted through the agency (AHCA) on each covered person, including the licensee, the administrator responsible for day-to-day operations, the financial officer, persons with a controlling interest, and employees or contractors who provide personal care, have access to client funds/property/living areas, or work more than 20 hours per week. (Fla. Stat. § 408.809(1))(Fla. Stat. § 408.809 - Background screening; prohibited offenses)
• 4The provider must ensure each covered person submits to Level 2 background rescreening every 5 years following licensure, employment, or entry into a contract, as a condition of retaining licensure or continuing in employment or contractual status. (Fla. Stat. § 408.809(2))(Fla. Stat. § 408.809 - Background screening; prohibited offenses)
• 5The provider/applicant must, under penalty of perjury, provide attestation of compliance with background screening requirements on the form provided by the agency, along with proof of compliance with prior Level 2 screening within the preceding five years where applicable. (Fla. Stat. § 408.809(2))(Fla. Stat. § 408.809 - Background screening; prohibited offenses)