Florida Statutes 420.6241 – Persons with lived experience
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(1) LEGISLATIVE INTENT.–The Legislature finds that the ability to provide adequate homeless services is limited due to a shortage of professionals and paraprofessionals in the 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.–
For details, see Fla. Stat. § 775.082(3)(b) and Fla. Stat. § 775.082(3)(d)
(a) The background screening conducted under this subsection must ensure that the 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.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | up to 30 years | up to $10,000 |
| Felony of the second degree | up to 15 years | up to $10,000 |
Terms Used In Florida Statutes 420.6241
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Commerce. See Florida Statutes 420.602
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) The background screening conducted under 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:
1. Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
2. Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
3. Section 409.920, relating to Medicaid provider fraud, if the offense is a felony of the first or second degree.
4. Section 415.111, relating to criminal penalties for abuse, neglect, or exploitation of vulnerable adults.
5. Any offense that constitutes domestic violence, as defined in s. 741.28.
6. Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this paragraph.
7. Section 782.04, relating to murder.
8. Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or a disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
9. Section 782.071, relating to vehicular homicide.
10. Section 782.09, relating to killing of an unborn child by injury to the mother.
11. Chapter 784, relating to assault, battery, and culpable negligence, if the offense is a felony.
12. Section 787.01, relating to kidnapping.
13. Section 787.02, relating to false imprisonment.
14. Section 787.025, relating to luring or enticing a child.
15. Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
16. Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
17. Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.
18. Section 790.115(2)(b), relating to possessing an electric weapon or device, a destructive device, or any other weapon on school property.
19. Section 794.011, relating to sexual battery.
20. Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
21. Section 794.05, relating to unlawful sexual activity with certain minors.
22. Section 794.08, relating to female genital mutilation.
23. Section 796.07, relating to procuring another to commit prostitution, except for those offenses expunged pursuant to s. 943.0583.
24. Section 798.02, relating to lewd and lascivious behavior.
25. Chapter 800, relating to lewdness and indecent exposure.
26. Section 806.01, relating to arson.
27. Section 810.02, relating to burglary, if the offense is a felony of the first degree.
28. Section 810.14, relating to voyeurism, if the offense is a felony.
30. Section 812.13, relating to robbery.
31. Section 812.131, relating to robbery by sudden snatching.
32. Section 812.133, relating to carjacking.
33. Section 812.135, relating to home-invasion robbery.
34. Section 817.034, relating to communications fraud, if the offense is a felony of the first degree.
35. Section 817.234, relating to false and fraudulent insurance claims, if the offense is a felony of the first or second degree.
36. Section 817.50, relating to fraudulently obtaining goods or services from a health care provider and false reports of a communicable disease.
37. Section 817.505, relating to patient brokering.
38. Section 817.568, relating to fraudulent use of personal identification, if the offense is a felony of the first or second degree.
39. Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or a disabled adult.
40. Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or a disabled person.
41. Section 825.103, relating to exploitation of an elderly person or a disabled adult, if the offense is a felony.
42. Section 826.04, relating to incest.
43. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
44. Section 827.04, relating to contributing to the delinquency or dependency of a child.
45. Former s. 827.05, relating to negligent treatment of children.
46. Section 827.071, relating to sexual performance by a child.
47. Section 831.30, relating to fraud in obtaining medicinal drugs.
48. Section 831.31, relating to the sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense is a felony.
49. Section 843.01, relating to resisting arrest with violence.
50. Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer of the means of protection or communication.
51. Section 843.12, relating to aiding in an escape.
52. Section 843.13, relating to aiding in the escape of juvenile inmates of correctional institutions.
53. Chapter 847, relating to obscenity.
54. Section 874.05, relating to encouraging or recruiting another to join a criminal gang.
55. Chapter 893, relating to drug abuse prevention and control, if the offense is a felony of the second degree or greater severity.
56. Section 895.03, relating to racketeering and collection of unlawful debts.
57. Section 896.101, relating to the Florida Money Laundering Act.
58. Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
59. Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate, resulting in great bodily harm.
60. Section 944.40, relating to escape.
61. Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
62. Section 944.47, relating to introduction of contraband into a correctional institution.
63. Section 985.701, relating to sexual misconduct in juvenile justice programs.
64. Section 985.711, relating to introduction of contraband into a detention facility.
(5) EXEMPTION REQUESTS.–An applicant who desires to become a certified person with lived experience but is disqualified under subsection (4) may apply to the department for an exemption from disqualification under s. 435.07, as applicable. The department shall accept or reject an application for exemption within 90 days after receiving the application from the applicant.