HB 1055 2023
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hb1055-00
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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 third -party credentialing entities; 2
amending s. 402.40, F.S.; providing for a review and 3
appeal process for decisions made by third -party 4
credentialing entities; amending s. 415.101, F.S.; 5
revising legislative intent; providing an effective 6
date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Subsection (3) of section 402.40, Florida 11
Statutes, is amended to read: 12
402.40 Child welfare training and certification. — 13
(3) THIRD-PARTY CREDENTIALING ENTITIES. —The department 14
shall approve one or more third -party credentialing entities for 15
the purpose of developing and administering child welfare 16
certification programs for persons who provide child welfare 17
services. A third-party credentialing entity must shall request 18
such approval in writing from the department. In order to obtain 19
approval, the third-party credentialing entity must: 20
(a) Establish professional re quirements and standards that 21
applicants must achieve in order to obtain a child welfare 22
certification and to maintain such certification. 23
(b) Develop and apply core competencies and examination 24
instruments according to nationally recognized certificatio n and 25
HB 1055 2023
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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
psychometric standards. 26
(c) Maintain a professional code of ethics and a 27
disciplinary process that apply to all persons holding child 28
welfare certification. 29
(d) Maintain a database, accessible to the public, of all 30
persons holding child welfare c ertification, including any 31
history of ethical violations. 32
(e) Require annual continuing education for persons 33
holding child welfare certification. 34
(f) Administer a continuing education provider program to 35
ensure that only qualified providers offer con tinuing education 36
opportunities for certificateholders. 37
(g) Review the findings and all relevant records involving 38
the death of a child or other critical incident following 39
completion of any reviews by the department, the inspector 40
general, or the Office of the Attorney General. Such review may 41
occur only upon the filing of a complaint from an outside party 42
involving certified personnel. This review shall assess the 43
certified personnel's compliance with the third -party 44
credentialing entity's published cod e of ethical and 45
professional conduct and disciplinary procedures. 46
(h) Maintain an advisory committee, including 47
representatives from each region of the department, each 48
sheriff's office providing child protective services, and each 49
community-based care lead agency, who shall be appointed by the 50
HB 1055 2023
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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
organization they represent. The third -party credentialing 51
entity may appoint additional members to the advisory committee. 52
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Any decision by a third -party credentialing entity to deny, 54
revoke, or suspend a certification, or otherwise impose 55
sanctions on a person who is certified, is reviewable by the 56
department. Upon receiving an adverse determination, the 57
aggrieved person may request an administrative hearing pursuant 58
to ss. 120.569 and 120.57(1) within 30 days after completing any 59
appeals process offered by the third -party credentialing entity 60
or the department, as applicable. 61
Section 2. Subsection (2) of section 415.101, Florida 62
Statutes, is amended to read: 63
415.101 Adult Protective Services Act; leg islative 64
intent.— 65
(2) The Legislature recognizes that there are many persons 66
in this state who, because of age or disability, are in need of 67
protective services. These Such services should allow such 68
person an individual the same rights as other citizens and, at 69
the same time, protect the person individual from abuse, 70
neglect, and exploitation. It is the intent of the Legislature 71
to provide for the detection and correction of abuse, neglect, 72
and exploitation through social services and criminal 73
investigations and to establish a program staffed by persons who 74
are certified by a third -party credentialing entity approved by 75
HB 1055 2023
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the department to provide of protective services for all 76
vulnerable adults in need of them. It is also the intent of the 77
Legislature intended that the mandatory reporting of such cases 78
will cause the protective services of the state to be brought to 79
bear in an effort to prevent further abuse, neglect, and 80
exploitation of vulnerable adults. In taking this action, the 81
Legislature also intends to place the fewest possible 82
restrictions on personal liberty and the exercise of 83
constitutional rights, consistent with due process and 84
protection from abuse, neglect, and exploitation. Further, the 85
Legislature intends to encourage the constructive invol vement of 86
families in the care and protection of vulnerable adults. 87
Section 3. This act shall take effect upon becoming a law. 88