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Florida Senate
-
2026
SB 310
By
Senator Polsky
30-00287-26 2026310__
1 A bill to be entitled
2 An act relating to immigration; creating s. 908.112,
3 F.S.; defining terms; specifying duties of certifying
4 officials from certifying agencies concerning
5 certification forms in support of U-visa applications;
6 providing a rebuttable presumption; requiring a
7 certifying official from a certifying agency that
8 denies a certification to provide the petitioner with
9 specified written notice; requiring certifying
10 agencies to grant or deny requests for certifications
11 within specified timeframes; authorizing applicants to
12 petition the circuit court if the certifying agency
13 fails to respond within those timeframes; prohibiting
14 certifying agencies and certifying officials from
15 disclosing the immigration status of victims or
16 persons seeking a certification; providing initial and
17 annual reporting requirements; providing immunity for
18 certifying officials; specifying duties of certifying
19 agencies; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 908.112, Florida Statutes, is created to
24 read:
25
908.112
U-visa certification policy.—
26
(1)
As used in this section, the term:
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(a)
“Certification form” means Form I-918, Supplement B, U
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Nonimmigrant Status Certification as required by 8 U.S.C. s.
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1184(p).
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(b)
“Certifying agency” means a state or local law
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enforcement agency, a prosecutor, a judge, or any other
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governmental agency that has criminal, civil, administrative,
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investigative, or prosecutorial authority.
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(c)
“Certifying official” means any of the following:
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1.
The head of the certifying agency.
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2.
A person in a supervisory role who has been specifically
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designated by the head of the certifying agency to issue Form I
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918 Supplement B certifications on behalf of the agency.
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3.
A judge.
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4.
Any other certifying official described in 8 C.F.R. s.
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214.14(a)(3).
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(d)
“Petitioner” means a person who requests a
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certification, including indirect and bystander victims.
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(e)
“Qualifying criminal activity” means an offense for
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which the elements are substantially similar to an offense
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described in 8 U.S.C. s. 1101(a)(15)(U)(iii) of the Immigration
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and Nationality Act or the attempt, solicitation, or conspiracy
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to commit such an offense. Qualifying criminal activity pursuant
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to 8 U.S.C. s. 1011(a)(15)(U)(iii) includes, but is not limited
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to, the following crimes:
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1.
Rape.
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2.
Torture.
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3.
Human trafficking.
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4.
Incest.
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5.
Domestic violence.
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6.
Sexual assault.
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7.
Abusive sexual contact.
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8.
Prostitution.
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9.
Sexual Exploitation.
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10.
Female genital mutilation.
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11.
Being held hostage.
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12.
Peonage.
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13.
Perjury.
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14.
Involuntary servitude.
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15.
Slavery.
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16.
Kidnapping.
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17.
Abduction.
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18.
Unlawful criminal restraint.
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19.
False imprisonment.
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20.
Blackmail.
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21.
Extortion.
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22.
Manslaughter.
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23.
Murder.
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24.
Felonious assault.
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25.
Witness tampering.
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26.
Obstruction of justice.
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27.
Fraud in foreign labor contracting.
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28.
Stalking.
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(2)
Upon the request of a petitioner or a victim’s family
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member, a certifying official from a certifying agency must
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certify victim helpfulness on the Form I-918 Supplement B
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certification if the victim was a victim of a qualifying
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criminal activity and has been helpful, is being helpful, or is
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likely to be helpful to the detection or investigation or
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prosecution of such qualifying criminal activity.
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(3)
For purposes of determining helpfulness pursuant to
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subsection (2), there is a rebuttable presumption that a victim
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is helpful, has been helpful, or is likely to be helpful to the
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detection or investigation or prosecution of that qualifying
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criminal activity if the victim has not refused or failed to
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provide information and assistance reasonably requested by law
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enforcement.
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(4)
The certifying official shall fully complete and sign
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the Form I-918 Supplement B certification and, regarding victim
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helpfulness, include specific details about the nature of the
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crime investigated or prosecuted and a detailed description of
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the victim’s helpfulness or likely helpfulness to the detection,
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investigation, or prosecution of the criminal activity. The
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certifying agency may not consider any other factors in deciding
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whether to sign the certification form, except whether the
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victim was a victim of qualifying criminal activity and the
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victim’s helpfulness.
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(5)
A current investigation or an arrest, the filing of
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charges, or a prosecution or conviction are not required for the
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victim to request and obtain the Form I-918 Supplement B
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certification from a certifying official.
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(6)
A certifying official may withdraw the certification
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only if the victim refuses to provide information and assistance
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when reasonably requested.
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(7)(a)
If a certifying official or certifying agency denies
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certification under this section, the official or agency must,
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in writing, notify the petitioner of the reason for the denial.
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The denial notification must contain all of the following
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information:
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1.
An internal case number that allows the certifying
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agency to identify each certification request
individually.
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2.
The date of the denial.
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3.
The reason for the denial, which must be of one of the
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following:
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a.
Lack of qualifying criminal activity;
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b.
Lack of helpfulness;
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c.
Lack of jurisdiction over the certification request; or
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d.
Other circumstances for which a certifying official or
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agency may lawfully deny a certification.
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(b)
Upon receiving notice that a request for certification
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under this section is denied, a petitioner may provide
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supplemental information to the certifying official or
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certifying agency and request that the certification denial be
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reviewed.
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(c)
After a request is denied, a petitioner may submit a
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new request for certification to a different certifying official
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or certifying agency for processing if the initial certifying
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official or certifying agency was involved in investigating the
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qualifying criminal activity.
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(d)
A certification official or agency shall keep a copy of
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a denial notification for at least 3 years after the date of the
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notification.
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(8)(a)
Except under circumstances in which there is good
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cause for delay, a certifying official or certifying agency
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shall grant or deny a request for certification:
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1.
Within 90 days after the date of the certification
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request; or
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2.
Within 14 days after the date of the certification
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request if the victim is in removal proceedings.
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(b)
If a certifying agency fails to respond within the
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statutory timeframe or refuses to certify that an applicant was
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a victim of qualifying criminal activity, the applicant may
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petition a circuit court to review the determination of the
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certifying agency within 30 days after such determination or
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within 30 days after the expiration of the statutory timeframe.
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(c) The circuit court shall conduct an evidentiary hearing
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on such
petition within 30 days after the petition is filed.
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After conducting a hearing, if the circuit court is satisfied
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that the applicant has proven his or her eligibility for Form I
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918 Supplement B certification by a preponderance of the
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evidence and if the circuit court finds that the certifying
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official or agency’s refusal to sign was unreasonable, the
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circuit court judge may execute the certification form. In
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assessing the reasonableness of the certifying
official or
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agency’s decision or failure to respond, the circuit
court may
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consider whether the applicant has complied with the terms of
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this section and whether circumstances exist that would justify
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the deferral of a decision, including whether a certification
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would jeopardize an ongoing criminal investigation or the
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prosecution or the safety of an individual, cause a suspect to
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flee or evade detection, or result in the destruction of
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evidence, or whether the applicant’s cooperation is incomplete.
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Upon finding that the certifying official or agency denied the
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application without a factual or legal justification or failed
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to respond to the applicant within the specified timeframes, the
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circuit court shall make an award of reasonable costs and
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attorney fees to a prevailing applicant. Such determination
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shall be without prejudice to any future proceeding premised
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upon a material change in circumstances.
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(d) Any petition filed under paragraph (b), along with the
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record of all hearings and all other pleadings, papers filed,
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and orders entered in connection with such petition, must be
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kept under seal by the clerk unless otherwise ordered by the
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court.
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(9) Certifying officials and agencies are prohibited from
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disclosing the immigration status of a victim or person
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requesting the Form I-918 Supplement B certification, except to
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comply with federal law or legal process or if authorized by the
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victim or person requesting the Form I-918 Supplement B
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certification.
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(10) A certifying official or agency that receives a
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request for a Form I-918 Supplement B certification shall report
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to the Speaker of the House of Representatives, the President of
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the Senate, and the Governor on or before January 15, 2027, and
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annually thereafter, the number of victims or persons who
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requested such certifications from the official or agency, the
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number of certification forms that were signed, the number of
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certification forms that were denied, the reason for each
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denial, and the number of pending certifications on the date of
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the report.
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(11) A certifying official or agency is immune from civil
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and criminal liability for, in good faith, certifying or denying
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certification under this section.
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(12) A certifying agency shall:
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(a) Designate a person or persons within the agency
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responsible for processing requests for certification under this
202
section.
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(b) Develop written procedures for processing requests for
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certification under this section.
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(c) Establish a process for each certifying agency to train
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certifying officials and communicate with community-based
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organizations and faith-based service providers about this
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process.
209 Section 2. This act shall take effect July 1, 2026.