This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 5/8/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1045 Certified Peer Specialist Gateway Pilot Program
SPONSOR(S): Judiciary Committee and Criminal Justice Subcommittee, Hart and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1012
FINAL HOUSE FLOOR ACTION: 114 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1045 passed the House on April 27, 2023. The bill was amended in the Senate on May 1, 2023, and
returned to the House. The House concurred in the Senate amendment and subsequently passed the bill as
amended on May 4, 2023.
Research has shown that social support provided by peers is beneficial to those in recovery from a substance use
disorder or mental illness. The Department of Children and Families’ (DCF) Florida Peer Services Handbook defines
a “peer” as an individual who has life experience with a mental health or substance use condition. A peer specialist
is a person who:
Self-identifies as a person who has direct personal experience living in recovery from mental health or
substance use conditions;
Has a desire to use their experiences to help others with their recovery;
Is willing to publicly identify as a person living in recovery for the purpose of educating, role modeling, and
providing hope to others about the reality of recovery; and
Has had the proper training and experience to work in a provider role.
Section 397.417(3)(b), F.S., requires DCF to designate one or more third-party credentialing entities to:
Certify peer specialists;
Approve training programs for individuals seeking certification as peer specialists;
Approve continuing education programs; and
Establish the minimum requirements and standards that applicants must achieve to maintain certification.
The bill creates the Certified Peer Specialist Gateway Pilot Program (Program) within the Department of Corrections
(DOC). The purpose of the Program is to provide participating inmates with a path to become certified peer
specialists by offering such inmates the necessary training hours and experience needed for certification while
incarcerated, assisting participants with completing any examinations necessary to become a certified peer
specialist, and assisting inmates who complete the Program with post-incarceration employment.
The bill requires DOC to develop criteria for selecting qualified applicants for the Program, including prohibiting a
person from participating in the Program if he or she has been convicted of any offense that would prohibit the
person from becoming a certified peer specialist under s. 397.417(4)(e), F.S.
The bill exempts a person who completed the Program from specified background screening requirements for
certified peer specialists.
The bill requires a person who completes the Program to provide his or her prospective employer with a copy of his
or her incarceration record prior to being hired. A person who completes the Program must also receive a signed
informed consent form from any potential client seeking treatment that notifies the client that he or she has
completed the Program’s requirements and is a certified peer specialist.
The Program expires June 30, 2026.
The bill may have a negative, yet indeterminate fiscal impact to DOC expenditures.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Certified Peer Specialists
Research has shown that social support provided by peers is beneficial to those in recovery from a
substance use disorder or mental illness.
1
The Department of Children and Families’ (DCF) Florida
Peer Services Handbook defines a “peer” as an individual who has life experience with a mental health
or substance use condition.
2
Under current law, DCF oversees a program for persons who complete
specified training to become a certified peer specialist.
3
A peer specialist is a person who:
Self-identifies as a person who has direct personal experience living in recovery from mental
health or substance use conditions;
Has a desire to use their experiences to help others with their recovery;
Is willing to publicly identify as a person living in recovery for the purpose of educating, role
modeling, and providing hope to others about the reality of recovery; and
Has had the proper training and experience to work in a provider role.
4
Section 397.417(3)(b), F.S., requires DCF to designate one or more third-party credentialing entities to:
Certify peer specialists;
Approve training programs for individuals seeking certification as peer specialists;
Approve continuing education programs; and
Establish the minimum requirements and standards that applicants must achieve to maintain
certification.
All individuals providing DCF-funded recovery support services as a peer specialist must be certified;
however, an individual who is not currently certified may work as a peer specialist for a maximum of
one year if that individual is working toward certification and is supervised by a qualified professional or
by a certified peer specialist with at least two years of full-time experience as a peer specialist at a
licensed behavioral health organization.
5
In addition to completing a competency exam, a peer specialist, or a person who is working towards
certification as a peer specialist, must have completed or been lawfully released from confinement,
supervision, or any nonmonetary condition imposed by a court for any felony and must undergo a
background screening.
6
A person may not be certified as a peer specialist if he or she has been arrested for and is awaiting
final disposition of, found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any
felony offense in the three years preceding the application for certification, or for a conviction at any
time for committing, or attempting, conspiring, or soliciting another person to commit, the following
offenses:
Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled
clients and reporting of such sexual misconduct.
1
Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, What Are Peer Recovery
Support Services?, https://store.samhsa.gov/system/files/sma09-4454.pdf (last visited April 19, 2023).
2
Florida Department of Children and Families, Florida Peer Services Handbook, 2016,
https://www.myflfamilies.com/sites/default/files/2022-12/DCF-Peer-Guidance.pdf (last visited April 19, 2023).
3
S. 397.417, F.S.
4
Department of Children and Families, Florida Peer Services Handbook, 2016, https://www.myflfamilies.com/sites/default/files/2022-
12/DCF-Peer-Guidance.pdf (last visited April 19, 2023).
5
S. 397.417(3)(d), F.S.
6
S. 397.417(4)(a), F.S.
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Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
Section 409.920, F.S., relating to Medicaid provider fraud, if the offense was a felony of the first
or second degree.
Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of vulnerable adults.
Any offense that constitutes domestic violence as defined in s. 741.28, F.S.
Section 782.04, F.S., relating to murder.
Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a
firefighter, and emergency medical technician, or a paramedic.
Section 782.071, F.S., relating to vehicular homicide.
Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a
felony.
Section 787.01, F.S., relating to kidnapping.
Section 787.02, F.S., relating to false imprisonment.
Section 787.025, F.S., relating to luring or enticing a child.
Section 787.04(2), F.S., relating to taking, enticing, or removing a child beyond the state limits,
or concealing the location of a minor, with criminal intent pending custody proceedings.
Section 787.04(3), F.S., relating to leading, taking, enticing, or removing a minor beyond state
limits, or concealing the location of a minor, with criminal intent pending dependency
proceedings or proceedings concerning alleged abuse or neglect of a minor.
Section 790.115(1), F.S., relating to exhibiting firearms or weapons within 1,000 feet of a
school.
Section 790.115(2)(b), F.S., relating to possessing an electric weapon or device, a destructive
device, or any other weapon on school property.
Section 794.011, F.S., relating to sexual battery.
Former s. 794.041, F.S., relating to prohibited acts of persons in familial or custodial authority.
Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
Section 794.08, F.S., relating to female genital mutilation.
Section 796.07, F.S., relating to procuring another to commit prostitution, except for those
offenses expunged pursuant to s. 943.0583, F.S.
Section 798.02, F.S., relating to lewd and lascivious behavior.
Chapter 800, F.S., relating to lewdness and indecent exposure.
Section 806.01, F.S., relating to arson.
Section 810.02, F.S., relating to burglary, if the offense was a felony of the first degree.
Section 810.14, F.S., relating to voyeurism, if the offense was a felony.
Section 810.145, F.S., relating to video voyeurism, if the offense was a felony.
Section 812.13, F.S., relating to robbery.
Section 812.131, F.S., relating to robbery by sudden snatching.
Section 812.133, F.S., relating to carjacking.
Section 812.135, F.S., relating to home-invasion robbery.
Section 817.034, F.S., relating to communications fraud, if the offense was a felony of the first
degree.
Section 817.234, F.S, relating to false and fraudulent insurance claims, if the offense was a
felony of the first or second degree.
Section 817.50, F.S., relating to fraudulently obtaining goods or services from a health care
provider and false reports of a communicable disease.
Section 817.505, F.S., relating to patient brokering.
Section 817.568, F.S., relating to fraudulent use of personal identification, if the offense was a
felony of the first or second degree.
Section 825.102, F.S., relating to abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
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Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult.
Section 825.103, F.S., relating to felony exploitation of an elderly person or disabled adult, if the
offense was a felony.
Section 826.04, F.S., relating to incest.
Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child.
Section 827.04, F.S., relating to contributing to the delinquency or dependency of a child.
Former s. 827.05, F.S., relating to negligent treatment of children.
Section 827.071, F.S., relating to sexual performance by a child.
Section 831.30, F.S., relating to fraud in obtaining medical medicinal drugs.
Section 831.31, F.S., relating to the sale, manufacture, delivery, or possession with the intent to
sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony.
Section 843.01, F.S., relating to resisting arrest with violence.
Section 843.025, F.S., relating to depriving a law enforcement, correctional, or correctional
probation officer of the means of protection or communication.
Section 843.12, F.S., relating to aiding in an escape.
Section 843.13, F.S., relating to aiding in the escape of juvenile inmates of correctional
institutions.
Chapter 847, F.S., relating to obscenity.
Section 874.05, F.S., relating to encouraging or recruiting another to join a criminal gang.
Chapter 893, F.S., relating to drug abuse prevention and control, if the offense was a felony of
the second degree or greater severity.
Section 895.03, F.S., relating to racketeering and collection of unlawful debts.
Section 896.101, F.S., relating to the Florida Money Laundering Act.
Section 916.1075, F.S., relating to sexual misconduct with certain forensic clients and reporting
of such sexual misconduct.
Section 944.35(3), F.S., relating to inflicting cruel or inhuman treatment on an inmate resulting in
great bodily harm.
Section 944.40, F.S., relating to escape.
Section 944.46, F.S., relating to harboring, concealing, or aiding an escaped prisoner.
Section 944.47, F.S., relating to introduction of contraband into a correctional institution.
Section 985.701, F.S., relating to sexual misconduct in juvenile justice programs.
Section 985.711, F.S., relating to contraband introduced into a detention facility.
If a person seeking certification as a peer specialist is disqualified due to a pending arrest, conviction,
plea of nolo contendere, or adjudication of delinquency for one or more of the disqualifying offenses,
the person may seek an exemption under s. 435.07, F.S., which authorizes the Secretary of DCF to
grant exemptions under limited circumstances.
7
Effect of the Bill
The bill creates an unnumbered section of law to establish the Certified Peer Specialist Gateway Pilot
Program (Program) within the Department of Corrections (DOC). The purpose of the Program is to
provide participating inmates with a path to become certified peer specialists by offering such inmates
7
Under s. 435.07(1), F.S., the DCF secretary may grant a person seeking certification as a peer specialist but who is otherwise
disqualified from employment an exemption from disqualification for:
A felony conviction, if at least three years have elapsed since the person has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felony;
A misdemeanor conviction, if a person has completed or been lawfully released from confinement, supervision, or nonmonetary
conditions imposed by the court;
Offenses that were felonies when committed but that are now misdemeanors and for which the person has completed or been
lawfully released from confinement, supervision, or nonmonetary condition imposed by the court; or
A finding of delinquency.
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the necessary training hours and experience needed for certification while incarcerated, assisting
participants with completing any examinations necessary to become a certified peer specialist, and
assisting inmates who complete the Program with post-incarceration employment.
The bill requires DOC to develop criteria for selecting qualified applicants for the Program, which may
include, but is not limited to, requiring that applicants:
Have the appropriate custody classification;
Meet certain discipline criteria;
Have an expected release date within a specified timeframe;
Be housed at the facility providing training;
Have served as a positive role model during their incarceration;
Express a desire to work in the behavioral health treatment field after release; and
Not have any convictions for an offense that would prohibit them from becoming a certified peer
specialist under s. 397.417(4)(e), F.S.
The bill exempts a person who completed the Program from specified background screening
requirements for certified peer specialists, including requirements for a peer specialist to:
Submit a set of fingerprints to DCF and undergo a DCF background screening;
Have completed or have been lawfully released from confinement, supervision, or any
nonmonetary condition imposed by the court for any felony; and
Have not, during the previous three years, been arrested for and awaiting final disposition of,
been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to,
or been adjudicated delinquent and the record has not been sealed or expunged for, any felony.
Under the bill, to assist persons who have completed the Program with post-incarceration employment,
the Program:
Shall assist potential employers with acquiring bonds from the United States Department of
Labor’s Federal Bonding Program, if applicable; and
May offer funding to a potential employer to cover the costs of initially hiring and retaining such
person, if the Program secures applicable grant funds for such purpose.
The bill requires a person who completes the Program to provide his or her prospective employer with
a copy of his or her incarceration record prior to being hired. A person who completes the Program
must also receive a signed informed consent form from any potential client seeking treatment that
notifies the client that he or she has completed the Program’s requirements and is a certified peer
specialist.
The Program expires June 30, 2026.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
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2. Expenditures:
The bill may have a negative, yet indeterminate fiscal impact to DOC expenditures by creating the
pilot program within DOC to train specified inmates as certified peer specialists.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.