1. Department of Children and Families
Exemptions from Disqualifications

2. Employment Screening
Chapter 435 Florida Statutes outlines the requirements for Level I and Level II Background Screening.
Mental Health Personnel are also screened under section , Florida Statutes
Outlines disqualifying offenses.
Provides requirements for exemption from disqualification.
Level II is required most often.

3. Disqualifying Offenses
Section outlines the list of disqualifying offenses.
A person is disqualified if they have been:
Arrested for an offense listed and are awaiting disposition.
Found Guilty of, regardless of adjudication.
Entered a plea of Nolo Contendere or Guilty.
Adjudicated Delinquent, and the record is not sealed or expunged.

4. Exemptions from Disqualification
Section provides the eligibility requirements to apply for an exemption from disqualification.
Must demonstrate by clear and convincing evidence the employee should not be disqualified.
Must wait 3 years from the completion of all sanctions for felony disqualifying offenses.
Must have completed all sanctions for misdemeanor disqualifying offenses.
Must have paid all monetary sanctions, including but not limited to, court fees, restitution, fines, civil liens.

5. New Disqualifying Offenses
Additional disqualifying offenses have been added over the years.
An offense that was not previously disqualifying, may now be disqualifying
An exemption is required even if one was granted previously for the new offense

6. Employment During the Exemption Process
Chapter 435 does not permit employment during the exemption process
Screening of Mental Health Personnel only under section , Florida Statutes allows the employee to work under certain circumstances:
Was employed with the provider prior to June 30, 2014
Was screened and qualified at the time
The offense was prior to the date of screening
The offense was not disqualifying at the time
The employer agrees and the exemption is submitted in 30 days

7. What is the Purpose of the Exemption?
To allow individuals that have criminal backgrounds the opportunity to work with vulnerable populations.
Remember, completing the exemption application and submitted documents is the applicants opportunity to show the Department how they have changed.

8. How Do I Apply for an Exemption?
Submit the Intent to Apply for an Exemption from Disqualification located on the Background Screening website:
Complete the Request for Exemption
Complete the Exemption Packet

9. What Documents Do I Need?
Certified Court Dispositions for Each Criminal Offense
Arrest Report for Each Criminal Offense
Documentation of Completion of Sanctions for Each Disqualifying Offense, including all monetary sanctions
Proof of Rehabilitation

10. Documents Required Employment History Educational History
Counseling or other Treatment Completed
Notarized Letters of Reference
Other Community Involvement
Explanation about your personal history
Local law enforcement results

11. House Bill 369 House Bill 369 passed this legislative session
It must be approved by the Governor before becoming law
If approved it goes into effect on July 1, 2019

12. Key Background Screening Provisions
Permits the Department and the Agency for Health Care Administration to grant exemptions for service provider personnel to work solely in mental health programs or facilities that treat co-occurring disorders
Defines Peer Specialist

13. Requires the Department to grant or deny an exemption within 60 days of receipt of a completed application
Requires screening under s and s , F.S. for peer specialists, substance abuse service personnel, and recovery residences
Added common offenses that may exempt an individual from disqualification

14. If a peer specialist is applying for an exemption and three or more years have passed since the most recent disqualifying offense, the applicant may work with adults with substance use disorders or co-occurring disorders under the supervision of persons who have met the screening requirements for up to 90 days or the Department’s decision

15. Questions? For More Information:
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