Florida 2022 Regular Session

Florida House Bill H0477 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 477 2022
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8	8	hb0477-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to the certification of individuals 2
16	16	who provide child and adult protective services; 3
17	17	amending s. 39.101, F.S.; requiring the Department of 4
18	18	Children and Families to approve third -party 5
19	19	credentialing entities to certify counselors and 6
20	20	supervisors who serve the central abuse hotline by a 7
21	21	specified date; requiring the department to approve 8
22	22	entities that meet certain requirements; defining the 9
23	23	term "third-party credentialing entity"; requiring 10
24	24	certain personnel to be certified by a specified date ; 11
25	25	requiring newly hired hotline counselors and 12
26	26	supervisors to obtain certification within a specified 13
27	27	timeframe; providing a review and appeal process for 14
28	28	certifications that are denied, revoked, or suspended 15
29	29	or sanctions that are imposed by a third -party 16
30	30	credentialing entity; amending s. 402.40, F.S.; 17
31	31	providing a review and appeal process for child 18
32	32	welfare administration certifications that are denied, 19
33	33	revoked, or suspended or sanctions that are imposed by 20
34	34	a third-party credentialing entity; amending s. 21
35	35	415.101, F.S.; revising legislative intent regarding 22
36	36	the certification of individuals who provide adult 23
37	37	protective services; amending s. 415.1105, F.S.; 24
38	38	requiring the department to approve third -party 25
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40	40	HB 477 2022
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45	45	hb0477-00
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47	47	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
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49	49
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51	51	credentialing entities to certify certain individuals 26
52	52	who provide adult protective services and their 27
53	53	supervisors; defining the term "third -party 28
54	54	credentialing entity"; requiring certain personnel to 29
55	55	be certified by a specified date; requiring newly 30
56	56	hired individuals to obtain certification within a 31
57	57	specified timeframe; providing a review and appeal 32
58	58	process for certifications that are denied, revoked, 33
59	59	or suspended or sanctions that are imposed by a third -34
60	60	party credentialing entity; making technical changes; 35
61	61	providing an effective date. 36
62	62	37
63	63	Be It Enacted by the Legislature of the State of Florida: 38
64	64	39
65	65	Section 1. Subsection (6) is added to section 39.101, 40
66	66	Florida Statutes, to read: 41
67	67	39.101 Central abuse hotline. —The central abuse hotline is 42
68	68	the first step in the safety assessment and investigation 43
69	69	process. 44
70	70	(6) THIRD-PARTY CREDENTIALING ENTITIES. —The department 45
71	71	shall approve one or more third -party credentialing entities by 46
72	72	July 1, 2022, for the purpose of developing and administering a 47
73	73	certification program for hotline counselors responding to 48
74	74	reports of abuse, abandonment, or neglect and their supervisors 49
75	75	pursuant to this section and s. 415.103. The department must 50
76	76
77	77	HB 477 2022
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82	82	hb0477-00
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84	84	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
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86	86
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88	88	approve any credentialing entity that it endorses pursuant to s. 51
89	89	402.40(3) if the credentialing entity also meets the 52
90	90	requirements of this section. As used in this subsection, the 53
91	91	term "third-party credentialing entity" has the same meaning as 54
92	92	in s. 402.40(2). 55
93	93	(a) By July 1, 2022, all hotline counselors and 56
94	94	supervisors shall hold a valid certification from a third -party 57
95	95	credentialing entity. A coun selor or supervisor hired after July 58
96	96	1, 2022, shall obtain a valid certification within 6 months 59
97	97	after being hired to that position. 60
98	98	(b) Any decision by a third -party credentialing entity to 61
99	99	deny, revoke, or suspend a certification, or otherwise impose 62
100	100	sanctions on an individual who is certified, is reviewable by 63
101	101	the department. Upon receiving an adverse determination, the 64
102	102	person aggrieved may request an administrative hearing pursuant 65
103	103	to ss. 120.569 and 120.57(1) within 30 days after completing any 66
104	104	appeals process offered by the credentialing entity or the 67
105	105	department, as applicable. 68
106	106	Section 2. Subsection (3) of section 402.40, Florida 69
107	107	Statutes, is amended to read: 70
108	108	402.40 Child welfare training and certification. — 71
109	109	(3) THIRD-PARTY CREDENTIALING ENTI TIES.—The department 72
110	110	shall approve one or more third -party credentialing entities for 73
111	111	the purpose of developing and administering child welfare 74
112	112	certification programs for persons who provide child welfare 75
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121	121	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
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125	125	services. A third-party credentialing entity must shall request 76
126	126	such approval in writing from the department. In order to obtain 77
127	127	approval, the third-party credentialing entity must: 78
128	128	(a) Establish professional requirements and standards that 79
129	129	applicants must achieve in order to obtain a child welfare 80
130	130	certification and to maintain such certification. 81
131	131	(b) Develop and apply core competencies and examination 82
132	132	instruments according to nationally recognized certification and 83
133	133	psychometric standards. 84
134	134	(c) Maintain a professional code of ethics and a 85
135	135	disciplinary process that apply to all persons holding child 86
136	136	welfare certification. 87
137	137	(d) Maintain a database, accessible to the public, of all 88
138	138	persons holding child welfare certification, including any 89
139	139	history of ethical violations. 90
140	140	(e) Require annual continuing education for persons 91
141	141	holding child welfare certification. 92
142	142	(f) Administer a continuing education provider program to 93
143	143	ensure that only qualified providers offer continuing education 94
144	144	opportunities for certificateholders. 95
145	145	(g) Review the findings and all r elevant records involving 96
146	146	the death of a child or other critical incident following 97
147	147	completion of any reviews by the department, the inspector 98
148	148	general, or the Office of the Attorney General. Such review may 99
149	149	occur only upon the filing of a complaint from an outside party 100
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158	158	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
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162	162	involving certified personnel. This review shall assess the 101
163	163	certified personnel's compliance with the third -party 102
164	164	credentialing entity's published code of ethical and 103
165	165	professional conduct and disciplinary procedures. 104
166	166	(h) Maintain an adviso ry committee, including 105
167	167	representatives from each region of the department, each 106
168	168	sheriff's office providing child protective services, and each 107
169	169	community-based care lead agency, who shall be appointed by the 108
170	170	organization they represent. The third -party credentialing 109
171	171	entity may appoint additional members to the advisory committee. 110
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173	173	Any decision by a third -party credentialing entity to deny, 112
174	174	revoke, or suspend a certification, or otherwise impose 113
175	175	sanctions on an individual who is certified, is reviewable by 114
176	176	the department. Upon receiving an adverse determination, the 115
177	177	person aggrieved may request an administrative hearing pursuant 116
178	178	to ss. 120.569 and 120.57(1) within 30 days after completing any 117
179	179	appeals process offered by the credentialing entity or the 118
180	180	department, as applicable. 119
181	181	Section 3. Subsection (2) of section 415.101, Florida 120
182	182	Statutes, is amended to read: 121
183	183	415.101 Adult Protective Services Act; legislative 122
184	184	intent.— 123
185	185	(2) The Legislature recognizes that there are many persons 124
186	186	in this state who, because of age or disability, are in need of 125
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188	188	HB 477 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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
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197	197
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199	199	protective services. These Such services should allow such an 126
200	200	individual the same rights as other citizens and, at the same 127
201	201	time, protect the individual from abuse, neglect, and 128
202	202	exploitation. It is the intent of the Le gislature to provide for 129
203	203	the detection and correction of abuse, neglect, and exploitation 130
204	204	through social services and criminal investigations and to 131
205	205	establish a program staffed by persons who hold a professional 132
206	206	certification from a third -party credentialing entity approved 133
207	207	by the department to provide of protective services for all 134
208	208	vulnerable adults in need of them. It is intended that the 135
209	209	mandatory reporting of such cases will cause the protective 136
210	210	services of the state to be brought to bear in an effort t o 137
211	211	prevent further abuse, neglect, and exploitation of vulnerable 138
212	212	adults. In taking this action, the Legislature intends to place 139
213	213	the fewest possible restrictions on personal liberty and the 140
214	214	exercise of constitutional rights, consistent with due process 141
215	215	and protection from abuse, neglect, and exploitation. Further, 142
216	216	the Legislature intends to encourage the constructive 143
217	217	involvement of families in the care and protection of vulnerable 144
218	218	adults. 145
219	219	Section 4. Section 415.1105, Florida Statutes, is amended 146
220	220	to read: 147
221	221	415.1105 Third-party credentialing entities; 148
222	222	certification; training programs.—The department shall: 149
223	223	(1) Approve one or more third -party credentialing entities 150
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232	232	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
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236	236	for the purpose of developing and administering adult protective 151
237	237	services certification pr ograms for persons who provide adult 152
238	238	protective services under this chapter and their supervisors. As 153
239	239	used in this subsection, the term "third -party credentialing 154
240	240	entity" has the same meaning as in s. 402.40(2). 155
241	241	(a) By July 1, 2022, any person who provid es adult 156
242	242	protective services under this chapter or supervises such 157
243	243	persons shall hold a valid certification from a third -party 158
244	244	credentialing entity. Any person who is hired after July 1, 159
245	245	2022, to such a position shall obtain a valid certification 160
246	246	within 6 months after being hired to that position. 161
247	247	(b) Any decision by a third -party credentialing entity to 162
248	248	deny, revoke, or suspend a certification, or otherwise impose 163
249	249	sanctions on an individual who is certified, is reviewable by 164
250	250	the department. Upon receivin g an adverse determination, the 165
251	251	person aggrieved may request an administrative hearing pursuant 166
252	252	to ss. 120.569 and 120.57(1) within 30 days after completing any 167
253	253	appeals process offered by the credentialing entity or the 168
254	254	department, as applicable. 169
255	255	(2) The department shall, Within available resources, 170
256	256	provide appropriate preservice and inservice training for adult 171
257	257	protective investigation staff. 172
258	258	(3)(2) Within available resources, the department shall 173
259	259	cooperate with other appropriate agencies in developing and 174
260	260	providing preservice and inservice training programs for those 175
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262	262	HB 477 2022
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	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
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273	273	persons specified in s. 415.1034(1)(a). 176
274	274	Section 5. This act shall take effect upon becoming a law. 177