HB 563 — Persons With Lived Experience

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 HB563CS/HB563 2024 A bill to be entitled An act relating to persons with lived experience;

amending s.

420.621, F.S.;

defining the term "person with lived experience";

420.6276,420.6241, F.S.;

providing definitions;qualifications for a person seeking certification as a person with lived experience;

providingrequiring thatcontinuum aof personcare withlead livedagencies experiencesto seekingsubmit a position of employment with certain entitiesinformation mayto requestthe aDepartment certificationof attestingChildren thatand heFamilies orfor shepurposes isof a qualified applicant for background screeningscreening; purposes;

requiringproviding certainduties entities to submit a signed attestation, under penalty of perjury, and any other required information to the Departmentdepartment; of Law Enforcement for background screening;

providingspecifying andisqualifying exemptionoffenses fromfor disqualification;a person applying for certification;

authorizing a person who does not meet background screening requirements to request from the department an exemption from disqualification;

SectionSubsection 420.6276,(6) of section 420.621, Florida Statutes, is createdrenumbered as subsection (7), and a new subsection (6) is added to that section, to read:

420.6276420.621 PersonsDefinitions.—As withused livedin experience;ss.

background420.621-420.628, screenings.— (1) The Legislature finds that the abilityterm: to provide adequate services to persons who are homeless is limited because there is a shortage of health and human services professionals.

A(6) person"Person with lived experienceexperience" ofmeans homelessnessany isperson uniquelywith Page 1of 9 CODING:

hb0563-00hb0563-01-c1 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 HB563CS/HB563 2024 qualifiedcurrent toor providepast effectiveexperience supportof serviceshomelessness, toas thedefined homelessin population24 becauseC.F.R. of their shared life experiences.

However, a person with lived experience may have a criminal history that prevents such person from meeting certain background screening requirements, which disqualifies him or her from employment.

(2) As used in this section, the term:

(a) "Homeless services" means any services provided to a person who is homeless through a continuum of care.

(b) "Person with lived experience" means a person who is currently homeless, as that term is defined in 24 C.F.R.

578.3, or has been homeless in the past and receives or received homeless services, including persons who have accessed or sought homeless services while fleeing domestic violence.

(c)Section "Qualified2. applicant" means a person applying for a position of employment who has been certified by the State Office on Homelessness or a continuum of care lead agency as a person with lived experience.

(3)Section A420.6241, personFlorida withStatutes, lived experience who is applyingcreated for a position of employment with the State Office on Homelessness or a continuum of care lead agency may request from the entity to whichread: he or she is applying, a certification stating that the person is a qualified applicant for background screening purposes.

After420.6241 verifyingPersons thatwith thelived applicantexperience.— is(1) aLEGISLATIVE personINTENT.—The withLegislature livedfinds experience,that the officeability orto continuumprovide ofadequate carehomeless leadservices agencyis mustlimited submitdue to a signedshortage attestation, under penalty of perjury,professionals toand Pageparaprofessionals 2ofin 9the CODING:field.

Persons with lived experience of homelessness are uniquely qualified to provide effective support services because they share common life experiences with the persons they assist.

A person with lived experience may have a criminal history that prevents him or her from meeting background screening requirements.

(2) QUALIFICATIONS.—A person may seek certification as a person with lived experience if he or she has received homeless services.

A continuum of care lead agency serving the homeless must include documentation of the homeless services such person received when requesting a background check of the applicant.

(3) DUTIES OF THE DEPARTMENT.—The department shall ensure that an applicant's background screening required to achieve certification is conducted as provided in subsection (4).

(4) BACKGROUND SCREENING.— (a) The background screening conducted under this Page 2of 9 CODING:

hb0563-00hb0563-01-c1 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 HB563CS/HB563 2024 subsection must ensure that the Departmentqualified applicant has not, during the preceding 3 years, been arrested for and is not awaiting final disposition of, has not been found guilty of, regardless of Lawadjudication, Enforcement,or alongentered witha anyplea otherof informationnolo requiredcontendere underor chapterguilty 435,to, attestingor thathas not been adjudicated delinquent and the applicantrecord ishas abeen qualifiedsealed applicant.or expunged for, any felony.

(4)(a)(b) The background screening conducted under s.this subsection must ensure that the qualified applicant has not been arrested for and is not awaiting final disposition of, has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has not been adjudicated delinquent and the record has been sealed or expunged for, any offense prohibited under any of the following state laws or similar laws of another jurisdiction:

435.04 must ensure that a qualified applicant has not, during the preceding 3 years, been arrested for and is not awaiting final disposition of, has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has not been adjudicated delinquent and the record has been sealed or expunged for, any felony.

(b) The background screening conducted under s.

435.04 must ensure that a qualified applicant has not been arrested for and is not awaiting final disposition of, has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has not been adjudicated delinquent and the record has been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:

Section 409.920, relating to Medicaid provider fraud, Pageif 3ofthe 9offense CODING:is a felony of the first or second degree.

Words strickenare deletions;

words underlined are additions.

hb0563-00 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 HB563 2024 if the offense was a felony of the first or second degree.

Any offense that constitutes domestic violence, as thatPage term3of is9 definedCODING: in s.

Words strickenare deletions;