HB 477 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the certification of individuals 2
who provide child and adult protective services; 3
amending s. 39.101, F.S.; requiring the Department of 4
Children and Families to approve third -party 5
credentialing entities to certify counselors and 6
supervisors who serve the central abuse hotline by a 7
specified date; requiring the department to approve 8
entities that meet certain requirements; defining the 9
term "third-party credentialing entity"; requiring 10
certain personnel to be certified by a specified date ; 11
requiring newly hired hotline counselors and 12
supervisors to obtain certification within a specified 13
timeframe; providing a review and appeal process for 14
certifications that are denied, revoked, or suspended 15
or sanctions that are imposed by a third -party 16
credentialing entity; amending s. 402.40, F.S.; 17
providing a review and appeal process for child 18
welfare administration certifications that are denied, 19
revoked, or suspended or sanctions that are imposed by 20
a third-party credentialing entity; amending s. 21
415.101, F.S.; revising legislative intent regarding 22
the certification of individuals who provide adult 23
protective services; amending s. 415.1105, F.S.; 24
requiring the department to approve third -party 25
HB 477 2022
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credentialing entities to certify certain individuals 26
who provide adult protective services and their 27
supervisors; defining the term "third -party 28
credentialing entity"; requiring certain personnel to 29
be certified by a specified date; requiring newly 30
hired individuals to obtain certification within a 31
specified timeframe; providing a review and appeal 32
process for certifications that are denied, revoked, 33
or suspended or sanctions that are imposed by a third -34
party credentialing entity; making technical changes; 35
providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Subsection (6) is added to section 39.101, 40
Florida Statutes, to read: 41
39.101 Central abuse hotline. —The central abuse hotline is 42
the first step in the safety assessment and investigation 43
process. 44
(6) THIRD-PARTY CREDENTIALING ENTITIES. —The department 45
shall approve one or more third -party credentialing entities by 46
July 1, 2022, for the purpose of developing and administering a 47
certification program for hotline counselors responding to 48
reports of abuse, abandonment, or neglect and their supervisors 49
pursuant to this section and s. 415.103. The department must 50
HB 477 2022
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approve any credentialing entity that it endorses pursuant to s. 51
402.40(3) if the credentialing entity also meets the 52
requirements of this section. As used in this subsection, the 53
term "third-party credentialing entity" has the same meaning as 54
in s. 402.40(2). 55
(a) By July 1, 2022, all hotline counselors and 56
supervisors shall hold a valid certification from a third -party 57
credentialing entity. A coun selor or supervisor hired after July 58
1, 2022, shall obtain a valid certification within 6 months 59
after being hired to that position. 60
(b) Any decision by a third -party credentialing entity to 61
deny, revoke, or suspend a certification, or otherwise impose 62
sanctions on an individual who is certified, is reviewable by 63
the department. Upon receiving an adverse determination, the 64
person aggrieved may request an administrative hearing pursuant 65
to ss. 120.569 and 120.57(1) within 30 days after completing any 66
appeals process offered by the credentialing entity or the 67
department, as applicable. 68
Section 2. Subsection (3) of section 402.40, Florida 69
Statutes, is amended to read: 70
402.40 Child welfare training and certification. — 71
(3) THIRD-PARTY CREDENTIALING ENTI TIES.—The department 72
shall approve one or more third -party credentialing entities for 73
the purpose of developing and administering child welfare 74
certification programs for persons who provide child welfare 75
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services. A third-party credentialing entity must shall request 76
such approval in writing from the department. In order to obtain 77
approval, the third-party credentialing entity must: 78
(a) Establish professional requirements and standards that 79
applicants must achieve in order to obtain a child welfare 80
certification and to maintain such certification. 81
(b) Develop and apply core competencies and examination 82
instruments according to nationally recognized certification and 83
psychometric standards. 84
(c) Maintain a professional code of ethics and a 85
disciplinary process that apply to all persons holding child 86
welfare certification. 87
(d) Maintain a database, accessible to the public, of all 88
persons holding child welfare certification, including any 89
history of ethical violations. 90
(e) Require annual continuing education for persons 91
holding child welfare certification. 92
(f) Administer a continuing education provider program to 93
ensure that only qualified providers offer continuing education 94
opportunities for certificateholders. 95
(g) Review the findings and all r elevant records involving 96
the death of a child or other critical incident following 97
completion of any reviews by the department, the inspector 98
general, or the Office of the Attorney General. Such review may 99
occur only upon the filing of a complaint from an outside party 100
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involving certified personnel. This review shall assess the 101
certified personnel's compliance with the third -party 102
credentialing entity's published code of ethical and 103
professional conduct and disciplinary procedures. 104
(h) Maintain an adviso ry committee, including 105
representatives from each region of the department, each 106
sheriff's office providing child protective services, and each 107
community-based care lead agency, who shall be appointed by the 108
organization they represent. The third -party credentialing 109
entity may appoint additional members to the advisory committee. 110
111
Any decision by a third -party credentialing entity to deny, 112
revoke, or suspend a certification, or otherwise impose 113
sanctions on an individual who is certified, is reviewable by 114
the department. Upon receiving an adverse determination, the 115
person aggrieved may request an administrative hearing pursuant 116
to ss. 120.569 and 120.57(1) within 30 days after completing any 117
appeals process offered by the credentialing entity or the 118
department, as applicable. 119
Section 3. Subsection (2) of section 415.101, Florida 120
Statutes, is amended to read: 121
415.101 Adult Protective Services Act; legislative 122
intent.— 123
(2) The Legislature recognizes that there are many persons 124
in this state who, because of age or disability, are in need of 125
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protective services. These Such services should allow such an 126
individual the same rights as other citizens and, at the same 127
time, protect the individual from abuse, neglect, and 128
exploitation. It is the intent of the Le gislature to provide for 129
the detection and correction of abuse, neglect, and exploitation 130
through social services and criminal investigations and to 131
establish a program staffed by persons who hold a professional 132
certification from a third -party credentialing entity approved 133
by the department to provide of protective services for all 134
vulnerable adults in need of them. It is intended that the 135
mandatory reporting of such cases will cause the protective 136
services of the state to be brought to bear in an effort t o 137
prevent further abuse, neglect, and exploitation of vulnerable 138
adults. In taking this action, the Legislature intends to place 139
the fewest possible restrictions on personal liberty and the 140
exercise of constitutional rights, consistent with due process 141
and protection from abuse, neglect, and exploitation. Further, 142
the Legislature intends to encourage the constructive 143
involvement of families in the care and protection of vulnerable 144
adults. 145
Section 4. Section 415.1105, Florida Statutes, is amended 146
to read: 147
415.1105 Third-party credentialing entities; 148
certification; training programs.—The department shall: 149
(1) Approve one or more third -party credentialing entities 150
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for the purpose of developing and administering adult protective 151
services certification pr ograms for persons who provide adult 152
protective services under this chapter and their supervisors. As 153
used in this subsection, the term "third -party credentialing 154
entity" has the same meaning as in s. 402.40(2). 155
(a) By July 1, 2022, any person who provid es adult 156
protective services under this chapter or supervises such 157
persons shall hold a valid certification from a third -party 158
credentialing entity. Any person who is hired after July 1, 159
2022, to such a position shall obtain a valid certification 160
within 6 months after being hired to that position. 161
(b) Any decision by a third -party credentialing entity to 162
deny, revoke, or suspend a certification, or otherwise impose 163
sanctions on an individual who is certified, is reviewable by 164
the department. Upon receivin g an adverse determination, the 165
person aggrieved may request an administrative hearing pursuant 166
to ss. 120.569 and 120.57(1) within 30 days after completing any 167
appeals process offered by the credentialing entity or the 168
department, as applicable. 169
(2) The department shall, Within available resources, 170
provide appropriate preservice and inservice training for adult 171
protective investigation staff. 172
(3)(2) Within available resources, the department shall 173
cooperate with other appropriate agencies in developing and 174
providing preservice and inservice training programs for those 175
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persons specified in s. 415.1034(1)(a). 176
Section 5. This act shall take effect upon becoming a law. 177