HB 1411 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
A bill to be entitled 1
An act relating to the Department of Elderly Affairs; 2
amending s. 400.0069 F.S.; revising the individuals 3
who may not be appointed as ombudsmen under the State 4
Long-Term Care Ombudsman Program; amending s. 5
430.0402, F.S.; revising exemptions from level 2 6
background screening requirements for certain persons; 7
providing an effective date. 8
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Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. Paragraph (b) of subsection (4) of section 12
400.0069, Florida Statutes, is amended to read: 13
400.0069 Long-term care ombudsman districts; local long -14
term care ombudsman councils; duties; appointment. — 15
(4) Each district and local council shall be compos ed of 16
ombudsmen whose primary residences are located within the 17
boundaries of the district. 18
(b) The following individuals may not be appointed as 19
ombudsmen: 20
1. The owner or representative of a long -term care 21
facility. 22
2. A provider or representative of a provider of long -term 23
care service. 24
3. An employee of the agency. 25
HB 1411 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
4. An employee of the department who is not employed in 26
the Long-Term Care Ombudsman Program , except for staff certified 27
as ombudsmen in the district offices . 28
5. An employee of th e Department of Children and Families. 29
6. An employee of the Agency for Persons with 30
Disabilities. 31
Section 2. Subsections (4), (5), and (6) of section 32
430.0402, Florida Statutes, are renumbered as subsections (3), 33
(4), and (5), respectively, and para graph (b) of subsection (1), 34
paragraphs (a) and (c) of subsection (2), and subsection (3) of 35
that section are amended, to read: 36
430.0402 Screening of direct service providers. — 37
(1) 38
(b) For purposes of this section, the term "direct service 39
provider" means a person 18 years of age or older who, pursuant 40
to a program to provide services to the elderly, has direct, 41
face-to-face contact with a client while providing services to 42
the client and has access to the client's living areas, funds, 43
personal property, or personal identification information as 44
defined in s. 817.568. The term includes , but is not limited to, 45
the administrator or a similarly titled person who is 46
responsible for the daily operation of the provider; the 47
financial officer or similarly tit led person who is responsible 48
for the financial operation of the provider; coordinators, 49
managers, and supervisors of residential facilities ; and 50
HB 1411 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
volunteers; and any other person seeking employment with a 51
provider who is expected to or whose responsibiliti es may 52
require him or her to provide personal care or services directly 53
to clients or have access to client funds, financial matters, 54
legal matters, personal property, or living areas . 55
(2) Level 2 background screening pursuant to chapter 435 56
and this section is not required for the following direct 57
service providers: 58
(a)1. Licensed physicians, nurses, or other professionals 59
licensed by the Department of Health who are providing a service 60
that is within the scope of their license, who have been 61
fingerprinted and undergone background screening as part of 62
their licensure; and 63
2. Attorneys in good standing with The Florida Bar; 64
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if they are providing a service that is within the scope of 66
their licensed practice . 67
(c) Volunteers who assist on an intermitte nt basis for 68
less than 20 hours per month and who are not listed on the 69
Department of Law Enforcement Career Offender Search or the Dru 70
Sjodin National Sex Offender Public Website. 71
1. The program that provides services to the elderly is 72
responsible for verifying that the volunteer is not listed on 73
either database. 74
2. Once the department is participating as a specified 75
HB 1411 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
agency in the clearinghouse created under s. 435.12, The 76
provider shall forward the volunteer information to the 77
Department of Elderly Af fairs if the volunteer is not listed in 78
either database specified in subparagraph 1 . The department must 79
then perform a check of the clearinghouse. If a disqualification 80
is identified in the clearinghouse, the volunteer must undergo 81
level 2 background scre ening pursuant to chapter 435 and this 82
section. 83
(3) Until the department is participating as a specified 84
agency in the clearinghouse created under s. 435.12, the 85
department may not require additional level 2 screening if the 86
individual is qualified for l icensure or employment by the 87
Agency for Health Care Administration pursuant to the agency's 88
background screening standards under s. 408.809 and the 89
individual is providing a service that is within the scope of 90
his or her licensed practice or employment. 91
Section 3. This act shall take effect July 1, 2023. 92