The Department intends to create a new rule within Chapter 28, F.A.C., regarding exemptions from the fingerprinting requirements under subsection 39.0138(1), F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.020Fingerprint Exemptions for Household Members

PURPOSE AND EFFECT: The Department intends to create a new rule within Chapter 28, F.A.C., regarding exemptions from the fingerprinting requirements under subsection 39.0138(1), F.S.

SUMMARY: The new rule incorporates a form to request exemption from fingerprinting requirements due to a physical, developmental, or cognitive disability that prevents that person from safely submitting fingerprints. In addition, the rule requires documentation of the disability.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 39.0138(2)(a), FS.

LAW IMPLEMENTED: 39.0138, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-28.020Fingerprint Exemptions for Household Members

(1) Household members, excluding current and potential caregivers, 18 years of age and older, who have a physical, developmental, or cognitive disability that prevents that person from safely submitting fingerprints can request an exemption from the fingerprinting requirements set forth in subsection 39.0138(1), F.S.

(2) Individuals seeking the exemption must provide supportive documentation from a licensed health professional outlining justification that the individual is unable to submit fingerprints safely due to a disability, and that the disability does not present a safety concern for children in the home.  The supporting documentation must be provided to the child welfare professional no later than 10 calendar days after an emergency placement.

(3) The child welfare professional shall complete a “Fingerprint Exemption Request” form, CF-FSP 5436, Month Year, incorporated by reference and available at https://www.flrules.org/gateway/reference.asp?NO=Ref-XXX, and submit it to the Department’s regional managing director or designee for review within 72 business hours of receiving the supporting documentation.

(4) The Department’s regional managing director or designee shall make a determination to grant or deny the exemption request within 10 days of receiving the request.  In determining whether to grant an exemption, the regional managing director or designee shall consider the requirements outlined in 39.0138(2)(b), F.S.

a. The Department will upload the Fingerprint Exemption Request form into the Caretaker Screening Information System (CSIS) within five (5) business days of an exemption determination.

b. The Department will provide the signed Fingerprint Exemption form to the requesting agency.

c. The requesting agency will upload the determination into the Florida Safe Families Network (FSFN) provider file cabinet upon receipt.

(5) If the Department determines that the individual does not qualify for a fingerprint exemption, the individual shall be notified in writing within 10 business days of the determination, identifying the reasons for the denial, the statutory authority for the denial and the individual’s right of appeal pursuant to Chapter 120, F.S.

(6) A Level 1 screening, pursuant to section 435.03, F.S., shall be completed on all individuals exempted from submitting fingerprints.   For emergency placements, results received from the emergency background checks, with the purpose code x, shall meet the level I requirements outlined in section 435.03, F.S.

Rulemaking Authority 39.0138(2)(a), F.S. Law Implemented 39.0138, F.S. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tanisha Lee

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2018