The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 976
INTRODUCER: Senator Harrell
SUBJECT: Certification of Individuals Who Provide Child and Adult Protective Services
DATE: April 3, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuszynski Cox CF Favorable
2. AHS
3. FP
I. Summary:
SB 976 amends s. 402.40, to create an explicit right to a ch. 120, F.S., administrative hearing for
a Child Welfare Professional in relation to the denial, revocation, or suspension of a child
welfare certification by the Florida Certification Board (FCB). The bill details timelines and
requirements to request the administrative hearing.
The bill provides that the Department of Children and Families (DCF) may review any decision
by a third-party credentialing entity to deny, revoke, or suspend a child welfare certification, or
otherwise impose sanctions on an individual who is certified.
The bill also amends s. 415.101, F.S., to require the DCF to approve a third-party credentialing
entity to certify Adult Protective Services (APS) program staff. This change will result in the
required credentialing of current and future APS staff and the DCF would be required to identify
and contract with a third-party credentialing entity to develop and administer a certification
program.
The bill will likely have a significant negative fiscal impact on state government. See Section V.
Fiscal Impact Statement.
The bill takes effect upon becoming law.
II. Present Situation:
Third-Party Credentialing Entities
In 2011, the Legislature required the Department of Children and Families (DCF) to authorize
third-party entities to develop and provide a process for child welfare professionals to become
REVISED: BILL: SB 976 Page 2
certified.
1
The law required the DCF to approve one or more “third-party credentialing entities”
for the purpose of developing and administering child welfare certification programs.
2
A third-
party credentialing entity must be a nonprofit organization that has met nationally recognized
standards for developing and administering professional certification programs.
3
To be approved
by the DCF, a third-party credentialing entity must:
Establish professional requirements and standards that applicants must achieve;
Develop and apply core competencies and examination instruments according to nationally
recognized certification and psychometric standards;
Maintain a professional code of ethics and a disciplinary process that apply to all persons
holding child welfare certification;
Maintain a database, accessible to the public, of all persons holding child welfare
certification, including any history of ethical violations;
Require annual continuing education for persons holding child welfare certification;
Administer a continuing education provider program;
Review the findings and all relevant records involving the death of a child or other critical
incident following completion of any reviews by the department, the inspector general, or the
Office of the Attorney General; and
Maintain an advisory committee, including representatives from each region of the
department, each sheriff's office providing child protective services, and each community-
based care lead agency, who shall be appointed by the organization they represent.
4
Child Welfare Certifications
Child protective investigators, case managers, and licensing specialists are all child welfare
professionals currently required to obtain a valid child welfare credential.
5
An approved third-
party credentialing entity is responsible for the internal monitoring of all training, certification
activities, and the certification status of every Child Welfare Professional employed by the DCF,
sheriffs’ office, and community-based care lead agency.
6
Child welfare certifications are valid
for a two-year period.
7
The DCF contracts with the Florida Certification Board (FCB) to provide the third-party
credentialing service for Child Welfare Professionals.
8
The current number of valid credentials is
approximately 3,280 for child protective investigators (CPI), 4,880 for case managers, and 615
for licensing specialists, a total of 8,775.
9
1
Chapter 2011-163, L.O.F.; codified as s. 402.40, F.S.
2
Id.
3
Section 402.40(2)(g), F.S.
4
Section 402.40(3), F.S.
5
Rule 65C-33.002, F.A.C.
6
Id.
7
Id.
8
The Department of Children and Families, 2023 Agency Bill Analysis, SB 976, p. 2, February 28, 2023 (on file with
Committee for Children, Families, and Elder Affairs). (hereinafter cited as “DCF Bill Analysis”)
9
Id. BILL: SB 976 Page 3
The Florida Certification Board
Currently, the DCF has only approved the FCB as a third-party credentialing entity for child
welfare certifications. However, the FCB is larger than just child welfare certifications; it
designs, develops and manages programs for over 30 health and human services professions and
certifies more than 20,000 professionals statewide, including those in the child welfare, mental
health, addiction and health fields, by ensuring that they meet education, training, experience and
testing criteria.
10
Current law is silent as to any ch. 120, F.S., administrative hearing rights in relation to the denial,
revocation, or suspension of a child welfare certification.
Chapter 120 Administrative Hearings
In 1974, the Legislature created ch. 120, F.S., establishing the Administrative Procedures Act
(APA),
11
to outline a comprehensive administrative process by which agencies exercise
authority granted to them by the Legislature.
12
The APA details processes and procedures related
to topics such as:
Meetings, hearings, and workshops.
13
Rulemaking.
14
Declaratory statements.
15
Mediation of disputes.
16
Investigations.
17
Licensing.
18
Agency final orders.
19
The APA serves to protect the citizens of Florida from unauthorized rules that could otherwise
be in effect by providing state agencies a uniform procedure for enacting rules, issuing orders,
and allowing citizens to challenge an agency’s action or decision.
20
Agency action is broadly and
flexibly defined term defined to include a rule or its equivalent, an order or its equivalent, and
the denial of a petition to adopt a rule or to issue an order.
21
10
The Florida Certification Board, About Us, available at https://flcertificationboard.org/about/ (last viewed March 28, 2023).
11
Chapter 1974-310 s. 1, L.O.F.; codified as Chapter 120, F.S.
12
Florida Administrative Law Central Online Network, Publications, A Pocket Guide to Florida’s Administrative Procedure
Act, p2022, available at https://www.japc.state.fl.us/Documents/Publications/PocketGuideFloridaAPA.pdf (last viewed
March 31, 2023) (hereinafter cited as “APA Pocket Guide”)
13
Section 120.525, F.S.
14
Section 120.54, F.S.
15
Section 120.565. F.S.
16
Section 120.573, F.S.
17
Section 120.62, F.S.
18
Section 120.60, F.S.
19
Sections 120.53 and 120.533, F.S.
20
APA Pocket Guide, p. 1
21
Id. BILL: SB 976 Page 4
Adult Protective Services
Chapter 415, F.S, authorizes comprehensive protective services for Florida’s elderly and abused
adults.
22
The DCF Adult Protective Services (APS) program is required to investigate allegations
of abuse,
23
neglect,
24
and exploitation
25
of vulnerable adults
26
and vulnerable adults in need of
services.
27
Upon report of alleged abuse, neglect, or exploitation, the central abuse hotline (hotline) makes
an assessment of an individual’s need for protective services.
28
The hotline must determine if the
report requires an immediate, 24-hour, or next-working-day response priority.
29
For reports
requiring an immediate onsite protective investigation, the hotline must immediately notify the
department's designated protective investigative staff responsible for protective investigations to
ensure prompt initiation of an onsite investigation.
30
This investigation initiates an assessment of
individual need for protective services.
31
Services provided by APS include the following:
On-site investigation of reports of alleged abuse, neglect, exploitation or self-neglect;
Determination of immediate risk to the victim and provision of necessary emergency
services;
Evaluation of the need for and provision of protective supervision; and
Provision of on-going protective services.
32
22
Section 415.101, F.S.
23
Section 415.102(1), F.S., defines “abuse” to mean any willful act or threatened act by a relative, caregiver, or household
member which causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional
health. Abuse includes acts and omissions.
24
Section 415.102(16), F.S., defines “neglect” to mean the failure or omission on the part of the caregiver or vulnerable adult
to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult,
including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person
would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or
vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others.
“Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in
serious physical or psychological injury or a substantial risk of death.
25
Section 415.102(8), F.S., defines “exploitation” to mean (1) a person who stands in a position of trust and confidence with
a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable
adult's funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit,
or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or (2) knows or
should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the
vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the
use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
26
Section 415.102(28), F.S., defines “vulnerable adult” to mean a person 18 years of age or older whose ability to perform
the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional,
sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
27
Section 415.102(29), F.S., defines “vulnerable adult in need of services” to mean a vulnerable adult who has been
determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator
and is in need of protective services or other services to prevent further harm.
28
See generally s. 415.103, F.S.
29
Section 415.103(1)(b), F.S.
30
Section 415.103(2), F.S.
31
The Department of Children and Families, About Adult Protective Services, available at
https://www.myflfamilies.com/services/abuse/adult-protective-services/about-adult-protective-services (last viewed March
28, 2023) (hereinafter cited as “DCF APS Webpage”)
32
Id. BILL: SB 976 Page 5
Pursuant to the Florida Community Care for Disabled Adults Act,
33
the APS program also assists
vulnerable disabled adults to live dignified and reasonably independent lives in their own homes
or in the homes of relatives or friends so that they may be assured the least restrictive
environment suitable to their needs.
34
Subject matter experts within the APS program, in collaboration with partner state agencies and
the National Adult Protective Services Association, developed all current APS staff training
programs.
35
Each position has performance expectations and failure to meet performances
standards will results in disciplinary actions that can result in or escalate to termination based on
severity and response.
36
Currently, the DCF reports 520 current APS program staff members who provide adult
protective services and there is no requirement for APS program staff to obtain certification
through a third-party credentialing entity.
37
III. Effect of Proposed Changes:
The bill amends s. 402.40, F.S., to create an explicit right to a ch. 120, F.S., administrative
hearing for a Child Welfare Professional in relation to the denial, revocation, or suspension of a
child welfare certification by the FCB. The Child Welfare Professional may request an
administrative hearing to review an adverse determination within 30 days after completing any
appeals process provided by the third-party credentialing entity or the DCF. This change has the
potential to increase the instances of administrative hearings the DCF must attend in relation to
actions taken by the FCB against a child welfare professional’s credential.
The bill provides that the DCF may review any decision by a third-party credentialing entity to
deny, revoke, or suspend a child welfare certification or otherwise impose sanctions on an
individual who is certified.
The bill also amends s. 415.101, F.S., to require the DCF to approve a third-party credentialing
entity to certify APS program staff. This change will require the DCF to identify and contract
with a third-party credentialing entity to develop and administer a certification program for
current and future APS program staff.
The bill takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
33
See ss. 410.602 through 410.606, F.S.
34
DCF APS Webpage
35
DCF Bill Analysis, p. 2.
36
Id.
37
Id. BILL: SB 976 Page 6
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Administrative Hearings
38
The bill language would require the DCF to participate in ch. 120, F.S., proceedings
when a Child Welfare Professional requests an administrative hearing.
The DCF estimates approximately 5% of child welfare professionals being certified or re-
certified may request an administrative hearing due to suspension, revocation, or denial
of certification at an estimated cost of $5,000 per hearing, detailed in the calculation
below.
Each hearing takes legal counsel approximately 25-30 hours. The cost calculation is
below:
The cost per hearing estimate includes approximately $2,500 for the Division of
Administrative Hearings (DOAH) and $2,500 (attorney staff time, court reporter, etc.)
for the Department’s costs.
8,775 (total employees) x .05 = Approximately 440 employees
440 (hearings) x 5,000 (estimated hearing cost) = $2,200,000 per year.
38
DCF Bill Analysis, p. 4. BILL: SB 976 Page 7
Credential Costs
39
The DCF bases the following expenditures on the current fee structure for the Child
Welfare certification program as administered by the FCB:
Provisional Application fee: $107.50
Test fee: $107.50
Upgrade Application fee: $107.50
Certification fee: $107.50
Biennial Renewal fee: $215
Total APS cost at 520 employees (if fully staffed):
Provisional Application fee: $107.50 x 520 = $55,900
Test fee: $107.50 x 520 = $55,900
Upgrade Application fee: $107.50 x 520 = $55,900
Certification fee: $107.50 x 520 = $55,900
Year 1 cost for credentialing: $223,600
Ongoing Costs:
o New employees based on 40% turnover: $223,600 x .40 = $89,440
o Stable workforce renewal based on 60%: .60 x 520 = 312 positions
o 312 x $215 (biennial renewal) = $67,080
o Total on-going cost: $156,520
The DCF projects a total cost for implementation to be $2,580,120.
40
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 402.40 and 415.101 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
39
Id.
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Id. BILL: SB 976 Page 8
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.