HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 563 Persons with Lived Experience
SPONSOR(S): Children, Families & Seniors Subcommittee, Campbell
TIED BILLS: IDEN./SIM. BILLS: SB 558
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 14 Y, 0 N, As CS Osborne Brazzell
2) Health Care Appropriations Subcommittee 15 Y, 0 N Fontaine Clark
3) Health & Human Services Committee
SUMMARY ANALYSIS
Homelessness can be defined in several different ways. Generally, a person is considered to be experiencing
homelessness if they stay in a shelter live in transitional housing, or sleep in a place not meant for human
habitation or outdoors.
The State Office on Homelessness within the Department of Children and Families (DCF) was established in
2001 as a central point of contact within state government on issues relating to homeless ness. The State
Office on Homelessness coordinates resources and programs across all levels of government and with private
providers that serve the homeless pursuant to policies set by the Council on Homelessness and available
funding. Continuums of Care (CoCs) coordinate local efforts to prevent and end homelessness at the local
level. CoCs operate within catchment areas designated by the State Office on Homelessness, and receiving
state and federal funding to implement programs and provide services.
Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable persons.
All individuals subject to background screening must be confirmed to have not been arrested for and waiting
final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for any of 52
disqualifying offenses outlined in current law. For otherwise qualified individuals who would be disqualified from
employment due to their criminal history, current law establishes a process through which such individual can
be exempt from disqualification.
DCF interprets current law as subjecting contractors and subcontractors to background screening as a
condition of their contract with the department. As such, DCF requires employees of CoCs and their
subcontractors to undergo level 2 background screening. However, individuals with lived experience of
homelessness, who can be helpful in delivering homelessness services, may have crimes that raise difficulties
in passing a background screening.
CS/HB 563 defines a “person with lived experience” and establishes a modified background screening process
for such persons applying for positions with the State Office on Homelessness or a CoC. The bill allows for an
applicant meeting certain requirements to be certified as a “person with lived experience,” and considered a
qualified applicant eligible for the modified screening process. The bill requires DCF to accept or reject a
request for exemption from disqualification within 90 days of receiving the application.
The bill has an indeterminate, insignificant fiscal impact on state government, and no fiscal impact on local
government.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Homelessness
Homelessness can be defined in several different ways. Generally, a person is considered to be
experiencing homelessness if that person stays in a shelter, lives in transitional housing, or sleeps in a
place not meant for human habitation or outdoors.1 To receive federally funded homelessness services,
a person is considered homeless if he or she:2
Is living in a place not meant for human habitation, in emergency shelter, in transitional housing,
or exiting an institution where the person temporarily resided;3
Will imminently lose a primary nighttime residence within 14 days and lacks resources or
support networks to remain in permanent housing;4
Is part of a family with children or an unaccompanied youth who is unstably housed and likely to
continue in that state; or
Is fleeing or attempting to flee from domestic violence, has no other residence, and lacks the
resources or support networks to obtain permanent housing.
Annually, the United States Department of Housing and Urban Development (HUD) releases what is
known as a point-in-time snapshot (PIT) or a count of the number of individuals who experience
homeless on a single night. Based on the 2023 PIT, roughly 653,100 people in America experienced
homelessness on a single night. Sixty percent experienced sheltered homelessness (i.e., living in
emergency shelter, transitional housing, or a safe haven program) whereas 40 percent were
unsheltered. From 2022 to 2023, the number of individuals experiencing homelessness increased by
12 percent, or roughly 70,650 additional individuals. This is the highest PIT count of persons
experiencing homelessness since reporting began in 2007. 5
Experiencing homelessness negatively effects a person’s mental and physical health. Rates of
mortality, mental illness, communicable diseases, sexually transmitted diseases, and substance abuse
are higher among homeless populations.6 Services and programs at the state and federal level provide
support to individuals experiencing homelessness that attempt to address the associated effects of
homelessness.7
Homelessness in Florida
1 Centers for Disease Control and Prevention, Ab out Homelessness (2022). Available at
https://www.cdc.gov/orr/science/homelessness/about.html (Last visited January 25, 2024).
2
24 C.F.R. 578.3
3 This includes a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human bei ngs,
including a car, park, abandoned building, bus or train station, airport, or camping ground; a supervised publicly or private ly operated
shelter designed to provide temporary living arrangement; or exiting an institution where he or she resided for 90 days or le ss and who
resided in an emergency shelter or place not meant for human habitation immediately before entering that ins titution.
4 Provided that the primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; no
subsequent residence has been identified; and the individual lacks the resources or support networks.
5 U.S. Department of Housing and Urban Development, The 2023 Annual Homelessness Assessment Report (AHAR) to Congress
(2023). Available at https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf (last visited January 25, 2024).
6 Richards, J. & Kuhn, R., Unsheltered Homelessness and Health: A Literature Review (2022). American Journal of Preventative
Medicine, 2(1). https://doi.org/10.1016/j.focus.2022.100043
7 US Department of Health and Human Services, Homelessness. Available at https://www.hhs.gov/programs/social-
services/homelessness/index.html (last visited January 26, 2024).
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In a 2023 PIT count of Florida’s homeless population, an estimated 30,809 individuals were
experiencing homelessness, with 15,706 considered unsheltered homeless (i.e., living outside in a car,
park, or another place not meant for human habitation). The 2023 PIT count represents a 34 percent
increase from the 11,746 individuals who were experiencing homelessness in 2022. 8
The State Office on Homelessness (Office) within the Department of Children and Families (DCF) was
established in 2001 as a central point of contact within state government on issues relating to
homelessness.9 The Office coordinates resources and programs across all levels of government and
with private providers that serve the homeless pursuant to policies set by the Council on
Homelessness 10 and available funding.11
Continuums of Care
A Continuum of Care (CoC) is an entity coordinating community efforts to prevent and end
homelessness in a geographic area designated by the Office.12 CoCs are responsible for organizing
and delivering housing and services to meet the needs of people who are homeless as they move to
stable housing and self-sufficiency.13 CoCs are composed of representatives from local organizations
including, but not limited to:14
Nonprofit homeless service providers;
Victim services providers;
Faith-based organizations;
Governments;
Businesses;
Advocates;
Public housing agencies;
School districts;
Social service providers;
Mental health agencies;
Hospitals;
Universities;
Affordable housing developers;
Law enforcement; and
Organizations that serve homeless and formerly homeless persons.
CoC lead agencies implement policies and provide direct services within their respective catchm ent
areas. There are currently 27 CoC lead agencies distributed across the state. 15
Each CoC must create a continuum of care plan to implement an effective and efficient housing crisis
response system to prevent and end homelessness in its designated catchment area. A continuum of
care plan must include all of the following:16
Outreach to unsheltered individuals and families to link them with appropriate housing
interventions;
8
Department of Children and Families, Council on Homelessness Annual Report (2023). Available at
https://www.myflfamilies.com/sites/default/files/2023-
07/Florida%27s%20Council%20On%20Homelessness%20Annual%20Report%202023.pdf (last visited January 25, 2024).
9 Ch. 2001-98, L.O.F.
10 The Council on Homelessness is an inter-agency body which develops statewide policy and advises the State Office on
Homelessness on how to reduce homelessness in the state. See, s. 420.622, F.S.
11 S. 420.622(3), F.S.
12 The catchment areas designated by the State Office must be consistent with the federally-recognized catchment areas designated by
HUD as a condition for receiving federal homeless assistance grant funding. See, s. 420.6225, F.S.
13 Supra, note 8.
14 S. 420.621(1), F.S.
15 Supra, note 8..
16 S. 420.6225, F.S.
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A coordinated entry system that is compliant with federal requirements and is designed to
coordinate intake, utilize common assessment tools, prioritize households for housing
interventions, and refer households to the appropriate housing intervention;
Emergency shelter, designed to provide safe temporary shelter while the household is in the
process of obtaining permanent housing;
Supportive services, designed to maximize housing stability once the household is in permanent
housing;
Permanent supportive housing, designed to provide long-term affordable housing and support
services to persons with disabilities who are moving out of homelessness;
Rapid ReHousing, as specified in s. 420.6265, F.S.;
Permanent housing, including links to affordable housing, subsidized housing, long-term rental
assistance, housing vouchers, and mainstream private sector housing; and
An ongoing planning mechanism to end homelessness for all subpopulations of persons
experiencing homelessness
CoCs receive state and federal funding through DCF.17
Background Screening
Florida provides standard procedures for screening a prospective employee18 where the Legislature
has determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.19 Chapter 435, F.S., establishes procedures for criminal history background screening of
prospective employees and outlines the screening requirements. There are two levels of background
screening: level 1 and level 2.
Level 1: Screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a
check of the Dru Sjodin National Sex Offender Public Website, 20 and may include criminal
records checks through local law enforcement agencies. A Level 1 screening may be paid for
and conducted through FDLE’s website, which provides immediate results.21
Level 2: Screening includes, at a minimum, fingerprinting for statewide criminal history records
checks through FDLE and national criminal history checks through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks through local law
enforcement agencies.22
Every person required by law to be screened pursuant to ch. 435, F.S., must submit a complete set of
information necessary to conduct a screening to his or her employer. 23 Such information for a level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE. 24
For both level 1 and 2 screenings, the employer must submit the information necessary for screening to
FDLE within five working days after receiving it.25 The person whose background is being checked
must supply any missing criminal or other necessary information upon request to the requesting
employer or agency within 30 days after receiving the request for the information. 26
After the background screening is completed, FDLE responds to the employer or agency, and the
employer or agency must inform the employee whether screening has revealed disqualifying
17
Id.
18 S. 435.02, F.S., defines “employee” to mean any person required by law to be screened pursuant to this chapter, including, bu t not
limited to, persons who are contractors, licensees, or volunteers.
19 Ch. 435, F.S.
20 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tr ibal sex
offender registries in one national search site. Available at www.nsopw.gov (last visited January 25, 2024).
21 Florida Department of Law Enforcement, State of Florida Criminal History Records Check . Available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited January 25, 2024).
22 S. 435.04, F.S.
23 S. 435.05(1)(a), F.S.
24 Ss. 435.03(1) and 435.04(1)(a), F.S.
25 S. 435.05(1)(b)-(c), F.S.
26 S. 435.05(1)(d), F.S.
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information.27 If the employer or agency finds that an individual has a history containing one of these
offenses, it must disqualify that individual from employment.
Criminal History Checks
Florida law authorizes and outlines a variety of specific elements required for Level 1 and Level 2
background screening; however, current law only establishes distinct requirements for determining
whether an individual “passes” a screening in regard to an individual’s criminal history.
All individuals subject to background screening must be confirmed to have not been arrested for and
waiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or
expunged for, any of the following 52 offenses prohibited under Florida law, or similar law of another
jurisdiction:28
Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled
clients and reporting of such sexual misconduct.
Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of aged persons or
disabled adults.
Section 777.04, F.S., relating to attempts, solicitation, and conspiracy to commit an offense
listed in this subsection.
Section 782.04, F.S., relating to murder.
Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, or aggravated manslaughter of a child.
Section 782.071, F.S., relating to vehicular homicide.
Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a
felony