Florida Senate - 2023                                    SB 1358
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01621A-23                                          20231358__
    1                        A bill to be entitled                      
    2         An act relating to background screenings for mental
    3         health and substance abuse service provider personnel;
    4         amending s. 394.4572, F.S.; providing requirements for
    5         mental health personnel applying for an exemption from
    6         disqualification; requiring the Department of Children
    7         and Families or the Agency for Health Care
    8         Administration to notify an applicant who submits an
    9         incomplete application within a specified timeframe;
   10         requiring the department or the agency to grant or
   11         deny an exemption request within a specified
   12         timeframe; amending s. 397.4073, F.S.; revising
   13         requirements for mental health personnel applying for
   14         an exemption from disqualification; requiring the
   15         department to notify an applicant who submits an
   16         incomplete application within a specified timeframe
   17         and to identify outstanding application items;
   18         requiring the department to grant or deny a complete
   19         exemption application within a specified timeframe;
   20         amending s. 397.417, F.S.; revising the burden of
   21         proof for peer specialists seeking an exemption from
   22         employment disqualification; reenacting ss.
   23         397.487(6), 397.4871(5), and 985.045(4)(e), F.S.,
   24         relating to voluntary certification of recovery
   25         residences, recovery residence administrator
   26         certification, and court records, respectively, to
   27         incorporate the amendment made to s. 397.4073, F.S.,
   28         in references thereto; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (c) is added to subsection (2) of
   33  section 394.4572, Florida Statutes, to read:
   34         394.4572 Screening of mental health personnel.—
   35         (2)
   36         (c) A person subject to this section who applies for an
   37  exemption from disqualification must submit an application for
   38  the exemption within 30 days after being notified of the
   39  disqualification. If an application is not complete, the
   40  department or the Agency for Health Care Administration must
   41  notify the applicant within 30 days after receipt of the
   42  application and include a list of all outstanding application
   43  items in the notification. The department or the Agency for
   44  Health Care Administration shall grant or deny an exemption
   45  request under this subsection within 45 days after receipt of a
   46  complete application.
   47         Section 2. Paragraph (f) of subsection (1) of section
   48  397.4073, Florida Statutes, is amended to read:
   49         397.4073 Background checks of service provider personnel.—
   50         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
   51  EXCEPTIONS.—
   52         (f) A person subject to this section who applies for an
   53  exemption from disqualification must submit an application for
   54  the exemption within 30 days after being notified of the
   55  disqualification. If an application is not complete, the
   56  department must notify the applicant within 30 days after
   57  receipt of the application and include a list of all outstanding
   58  application items in the notification. The department shall
   59  grant or deny an exemption request under this subsection within
   60  45 days after receipt of a complete application Service provider
   61  personnel who request an exemption from disqualification must
   62  submit the request within 30 days after being notified of the
   63  disqualification. The department shall grant or deny the request
   64  within 60 days after receipt of a complete application.
   65         Section 3. Subsection (5) of section 397.417, Florida
   66  Statutes, is amended to read:
   67         397.417 Peer specialists.—
   68         (5) EXEMPTION REQUESTS.—
   69         (a) A person who wishes to become a peer specialist and is
   70  disqualified under subsection (4) may request an exemption from
   71  disqualification pursuant to s. 435.07 from the department or
   72  the Agency for Health Care Administration, as applicable.
   73         (b) Notwithstanding s. 435.07(3), an employee seeking an
   74  exemption from disqualification for employment as a peer
   75  specialist must demonstrate by a preponderance of the evidence
   76  that the employee should not be disqualified from employment.
   77  Such employees have the burden of proving rehabilitation by a
   78  preponderance of the evidence, including, but not limited to,
   79  the circumstances surrounding the criminal incident for which an
   80  exemption is sought, the time period that has elapsed since the
   81  incident, the nature of the harm caused to the victim, the
   82  employee’s history since the incident, and any other evidence or
   83  circumstances indicating that the employee will not present a
   84  danger if employment or continued employment is allowed.
   85         Section 4. For the purpose of incorporating the amendment
   86  made by this act to section 397.4073, Florida Statutes, in a
   87  reference thereto, subsection (6) of section 397.487, Florida
   88  Statutes, is reenacted to read:
   89         397.487 Voluntary certification of recovery residences.—
   90         (6) All owners, directors, and chief financial officers of
   91  an applicant recovery residence are subject to level 2
   92  background screening as provided under s. 408.809 and chapter
   93  435. A recovery residence is ineligible for certification, and a
   94  credentialing entity shall deny a recovery residence’s
   95  application, if any owner, director, or chief financial officer
   96  has been found guilty of, or has entered a plea of guilty or
   97  nolo contendere to, regardless of adjudication, any offense
   98  listed in s. 408.809(4) or s. 435.04(2) unless the department
   99  has issued an exemption under s. 435.07. Exemptions from
  100  disqualification applicable to service provider personnel
  101  pursuant to s. 397.4073 or s. 435.07 shall apply to this
  102  subsection. In accordance with s. 435.04, the department shall
  103  notify the credentialing agency of an owner’s, director’s, or
  104  chief financial officer’s eligibility based on the results of
  105  his or her background screening.
  106         Section 5. For the purpose of incorporating the amendment
  107  made by this act to section 397.4073, Florida Statutes, in a
  108  reference thereto, subsection (5) of section 397.4871, Florida
  109  Statutes, is reenacted to read:
  110         397.4871 Recovery residence administrator certification.—
  111         (5) All applicants are subject to level 2 background
  112  screening as provided under chapter 435. An applicant is
  113  ineligible, and a credentialing entity shall deny the
  114  application, if the applicant has been found guilty of, or has
  115  entered a plea of guilty or nolo contendere to, regardless of
  116  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  117  unless the department has issued an exemption under s. 435.07.
  118  Exemptions from disqualification applicable to service provider
  119  personnel pursuant to s. 397.4073 or s. 435.07 shall apply to
  120  this subsection. In accordance with s. 435.04, the department
  121  shall notify the credentialing agency of the applicant’s
  122  eligibility based on the results of his or her background
  123  screening.
  124         Section 6. For the purpose of incorporating the amendment
  125  made by this act to section 397.4073, Florida Statutes, in a
  126  reference thereto, paragraph (e) of subsection (4) of section
  127  985.045, Florida Statutes, is reenacted to read:
  128         985.045 Court records.—
  129         (4) A court record of proceedings under this chapter is not
  130  admissible in evidence in any other civil or criminal
  131  proceeding, except that:
  132         (e) Records of proceedings under this chapter may be used
  133  to prove disqualification under ss. 110.1127, 393.0655, 394.457,
  134  397.4073, 402.305, 402.313, 409.175, 409.176, and 985.644.
  135         Section 7. This act shall take effect July 1, 2023.