Florida Senate - 2018                                    SB 1362
       By Senator Baxley
       12-01085-18                                           20181362__
    1                        A bill to be entitled                      
    2         An act relating to registration of home caregivers;
    3         creating s. 430.075, F.S.; providing definitions;
    4         authorizing local governmental authorities to
    5         establish a registration program for home caregivers
    6         under certain conditions; establishing minimum
    7         requirements for registration; providing exclusions
    8         from registration requirements; providing
    9         applicability of existing ordinances; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 430.075, Florida Statutes, is created to
   15  read:
   16         430.075Home caregivers for vulnerable adults; registration
   17  requirements.—
   18         (1)DEFINITIONS.—As used in this section, the term:
   19         (a)“Activities of daily living” has the same meaning as in
   20  s. 415.102.
   21         (b)“Home caregiver” means a person who receives any form
   22  of compensation in exchange for assisting a vulnerable adult
   23  with one or more activities of daily living.
   24         (c)“Vulnerable adult” has the same meaning as in s.
   25  415.102.
   26         (2)COMPLIANCE.—A county, municipality, special district as
   27  defined in s. 189.012, or other political subdivision of the
   28  state seeking to regulate home caregiver services must comply
   29  with the requirements of this section. A local authority may not
   30  enact or enforce any ordinance relating to registration of home
   31  caregivers except as expressly authorized in this section.
   33  municipality, special district as defined in chapter 189, or
   34  other political subdivision of the state may establish a home
   35  caregiver registration program to register individuals who
   36  provide in-home care for vulnerable adults. A local ordinance
   37  establishing a home caregiver registration program must, at a
   38  minimum, specify the following:
   39         (a)An applicant must be at least 18 years of age and
   40  provide home caregiver services to a vulnerable adult for more
   41  than 3 calendar days in a month or more than 24 days in a year,
   42  for a total of more than 10 hours of service per month as a home
   43  caregiver to an unrelated adult.
   44         (b)An applicant may not be registered as a home caregiver,
   45  and a registered home caregiver may have his or her registration
   46  revoked, if such person has been convicted of, regardless of
   47  adjudication, or entered a plea of nolo contendere or guilty to,
   48  any offense prohibited under the following provisions of state
   49  law, or similar law of another jurisdiction, within the past 15
   50  years:
   51         1.Section 415.111, relating to reporting adult abuse,
   52  neglect, or exploitation of vulnerable adults.
   53         2.Chapter 782, relating to homicide.
   54         3.Chapter 784, relating to assault, battery, and culpable
   55  negligence.
   56         4.Chapter 787, relating to kidnapping, false imprisonment,
   57  luring or enticing a child, custody offenses, or human
   58  trafficking.
   59         5.Chapter 794, relating to sexual battery.
   60         6.Chapter 800, relating to lewdness and indecent exposure.
   61         7.Chapter 806, relating to arson and criminal mischief.
   62         8.Chapter 810, relating to burglary and trespass, if the
   63  offense is a felony.
   64         9.Chapter 812, relating to theft, robbery, and related
   65  crimes, if the offense is a felony.
   66         10.Chapter 817, relating to fraudulent practices.
   67         11.Chapter 825, relating to abuse, neglect, and
   68  exploitation of elderly persons and disabled adults.
   69         12.Chapter 827, relating to abuse of children.
   70         13.Chapter 831, relating to forgery and counterfeiting.
   71         14.Chapter 847, relating to obscenity, if the offense is a
   72  felony.
   73         15.Chapter 859, relating to poisons and adulterated drugs,
   74  if the offense is a felony.
   75         16.Chapter 893, relating to drug abuse prevention and
   76  control.
   77         17.Chapter 896, relating to offenses related to financial
   78  transactions.
   79         (c)Payment of an application fee not to exceed the cost
   80  incurred to process an application and issue a registration,
   81  excluding the cost of the background screening.
   82         (d)A process by which a person may appeal the denial or
   83  revocation of the registration.
   84         (e)A term of renewal for the registration, not to exceed 5
   85  years.
   86         (f)The issuance of a badge or other form of identification
   87  that includes the applicant’s name, an accurate and current
   88  full-face photograph of the applicant, and an expiration date.
   89         (g)The imposition of penalties for an unregistered person
   90  who provides home caregiver services in violation of the
   91  ordinance.
   92         (h)A process by which the public may verify the
   93  registration status of a caregiver.
   94         (i)A process by which a caregiver who is not in compliance
   95  with the ordinance may be reported by the public or by a
   96  governmental entity.
   97         (j)The implementation of an awareness or educational
   98  campaign at least 6 months before the effective date of the
   99  ordinance to educate the public about the registration process.
  100         (4)EXEMPTIONS; EXCEPTIONS.—This section may not be
  101  construed as prohibiting or restricting the practice, services,
  102  or activities of:
  103         (a)A person licensed in this state under chapter 457,
  104  chapter 458, chapter 459, chapter 460, chapter 461, chapter 462,
  105  chapter 463, chapter 464, chapter 465, chapter 466, part III of
  106  chapter 468, chapter 480, chapter 486, chapter 490, or chapter
  107  491, when engaging in the profession or occupation for which he
  108  or she is licensed, or of any person employed by and under the
  109  supervision of the licensee when rendering services within the
  110  scope of the profession or occupation of the licensee.
  111         (b)A relative of a vulnerable adult who provides home
  112  care. For purposes of this section, the term “relative” means a
  113  spouse, domestic partner, parent, sibling, grandparent, child,
  114  or grandchild, whether related by whole or half blood, by
  115  marriage, or by adoption.
  116         (c)A charitable or faith-based organization that is exempt
  117  from federal income tax under s. 501(c)(3) of the Internal
  118  Revenue Code and that serves vulnerable adults by referring
  119  volunteers to provide assistance with activities of daily
  120  living.
  121         (d)A person who receives compensation directly or
  122  indirectly from a vulnerable adult in exchange for assistance
  123  with activities of daily living on a nonrecurring basis, not to
  124  exceed 3 days in any calendar month or 24 days in any calendar
  125  year.
  126         (5)APPLICABILITY.—This section does not apply to any local
  127  law, ordinance, or regulation adopted on or before June 30,
  128  2018, including any amendment to such law, ordinance, or
  129  regulation that is more restrictive than the regulations
  130  provided in this section.
  131         Section 2. This act shall take effect July 1, 2018.