Florida Senate - 2014                              CS for SB 744
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Detert
       
       
       
       
       586-01857-14                                           2014744c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance and driver
    3         education for children in care; amending s. 39.701,
    4         F.S.; authorizing the court to consider the best
    5         interest of a child in removing specified disabilities
    6         of nonage for certain minors; creating s. 409.1454,
    7         F.S.; providing legislative findings; directing the
    8         Department of Children and Families to establish a
    9         statewide pilot program to pay specified costs of
   10         driver education, licensure and costs incidental to
   11         licensure, and motor vehicle insurance for a child in
   12         licensed out-of-home care who meets certain
   13         qualifications; providing limits of the amount to be
   14         paid; requiring payments to be made in the order of
   15         eligibility until funds are exhausted; requiring the
   16         department to contract with a qualified not-for-profit
   17         entity to operate and develop procedures for the pilot
   18         program; requiring the department to submit an annual
   19         report with recommendations to the Governor and the
   20         Legislature; creating s. 743.047, F.S.; removing the
   21         disability of nonage of minors for purposes of
   22         obtaining motor vehicle insurance; requiring an order
   23         by the court for the disability of nonage to be
   24         removed; amending s. 1003.48, F.S.; providing for
   25         preferential enrollment in driver education for
   26         specified children in care; providing an
   27         appropriation; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (3) of section
   32  39.701, Florida Statutes, is amended to read:
   33         39.701 Judicial review.—
   34         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
   35         (a) In addition to the review and report required under
   36  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
   37  a judicial review hearing within 90 days after a child’s 17th
   38  birthday. The court shall also issue an order, separate from the
   39  order on judicial review, that the disability of nonage of the
   40  child has been removed pursuant to ss. 743.045 and 743.047 for
   41  any of these disabilities that the court finds is in the child’s
   42  best interest to remove. The court s. 743.045 and shall continue
   43  to hold timely judicial review hearings. If necessary, the court
   44  may review the status of the child more frequently during the
   45  year before the child’s 18th birthday. At each review hearing
   46  held under this subsection, in addition to any information or
   47  report provided to the court by the foster parent, legal
   48  custodian, or guardian ad litem, the child shall be given the
   49  opportunity to address the court with any information relevant
   50  to the child’s best interest, particularly in relation to
   51  independent living transition services. The department shall
   52  include in the social study report for judicial review written
   53  verification that the child has:
   54         1. A current Medicaid card and all necessary information
   55  concerning the Medicaid program sufficient to prepare the child
   56  to apply for coverage upon reaching the age of 18, if such
   57  application is appropriate.
   58         2. A certified copy of the child’s birth certificate and,
   59  if the child does not have a valid driver license, a Florida
   60  identification card issued under s. 322.051.
   61         3. A social security card and information relating to
   62  social security insurance benefits if the child is eligible for
   63  those benefits. If the child has received such benefits and they
   64  are being held in trust for the child, a full accounting of
   65  these funds must be provided and the child must be informed as
   66  to how to access those funds.
   67         4. All relevant information related to the Road-to
   68  Independence Program, including, but not limited to, eligibility
   69  requirements, information on participation, and assistance in
   70  gaining admission to the program. If the child is eligible for
   71  the Road-to-Independence Program, he or she must be advised that
   72  he or she may continue to reside with the licensed family home
   73  or group care provider with whom the child was residing at the
   74  time the child attained his or her 18th birthday, in another
   75  licensed family home, or with a group care provider arranged by
   76  the department.
   77         5. An open bank account or the identification necessary to
   78  open a bank account and to acquire essential banking and
   79  budgeting skills.
   80         6. Information on public assistance and how to apply for
   81  public assistance.
   82         7. A clear understanding of where he or she will be living
   83  on his or her 18th birthday, how living expenses will be paid,
   84  and the educational program or school in which he or she will be
   85  enrolled.
   86         8. Information related to the ability of the child to
   87  remain in care until he or she reaches 21 years of age under s.
   88  39.013.
   89         9. A letter providing the dates that the child is under the
   90  jurisdiction of the court.
   91         10. A letter stating that the child is in compliance with
   92  financial aid documentation requirements.
   93         11. The child’s educational records.
   94         12. The child’s entire health and mental health records.
   95         13. The process for accessing his or her case file.
   96         14. A statement encouraging the child to attend all
   97  judicial review hearings occurring after the child’s 17th
   98  birthday.
   99         Section 2. Section 409.1454, Florida Statutes, is created
  100  to read:
  101         409.1454 Motor vehicle insurance for children in care.—
  102         (1) The Legislature finds that the costs of driver
  103  education, licensure and costs incidental to licensure, and
  104  motor vehicle insurance for a child in licensed out-of-home care
  105  after such child obtains a driver license creates an additional
  106  barrier to engaging in normal age-appropriate activities and
  107  gaining independence and may limit opportunities for obtaining
  108  employment and completing educational goals. The Legislature
  109  also finds that the completion of an approved driver education
  110  course is necessary to develop safe driving skills.
  111         (2) To the extent that funding is available, the department
  112  shall establish a 3-year pilot program to pay the cost of driver
  113  education, licensure and other costs incidental to licensure,
  114  and motor vehicle insurance for children in licensed out-of-home
  115  care who have successfully completed a driver education program.
  116         (3) If a caregiver, or an individual or not-for-profit
  117  entity approved by the caregiver, adds a child to his or her
  118  existing insurance policy, the amount paid to the caregiver or
  119  approved purchaser may not exceed the increase in cost
  120  attributable to the addition of the child to the policy.
  121         (4) Payment shall be made to eligible recipients in the
  122  order of eligibility until available funds are exhausted.
  123         (5)The department shall contract with a not-for-profit
  124  entity whose mission is to support youth aging out of foster
  125  care to develop procedures for operating and administering the
  126  pilot program, including, but not limited to:
  127         (a) Determining eligibility, including responsibilities for
  128  the child and caregivers.
  129         (b) Developing application and payment forms.
  130         (c) Notifying eligible children, caregivers, group homes,
  131  and residential programs of the pilot program.
  132         (d) Providing technical assistance to lead agencies,
  133  providers, group homes, and residential programs to support
  134  removing obstacles that prevent children in foster care from
  135  driving.
  136         (6) By July 1, 2015, and annually thereafter for the
  137  duration of the pilot program, the department shall submit a
  138  report to the Governor, the President of the Senate, and the
  139  Speaker of the House of Representatives evaluating the success
  140  of and outcomes achieved by the pilot program. The report shall
  141  include a recommendation as to whether the pilot program should
  142  be continued, terminated, or expanded.
  143         Section 3. Section 743.047, Florida Statutes, is created to
  144  read:
  145         743.047 Removal of disabilities of minors; executing
  146  agreements for motor vehicle insurance.—For the purpose of
  147  ensuring that a child in foster care will be able to secure
  148  motor vehicle insurance, the disability of nonage of minors
  149  shall be removed provided that the child has reached 16 years of
  150  age, has been adjudicated dependent, is residing in an out-of
  151  home placement as defined in s. 39.01, and has completed a
  152  driver education program. Upon issuance of an order by a court
  153  of competent jurisdiction, such child is authorized to make and
  154  execute all documents, contracts, or agreements necessary for
  155  obtaining motor vehicle insurance as if the child is otherwise
  156  competent to make and execute contracts. Execution of any such
  157  contract or agreement for motor vehicle insurance has the same
  158  effect as if it were the act of a person who is not a minor. A
  159  child seeking to enter into such contract or agreement or
  160  execute other necessary instrument incidental to obtaining motor
  161  vehicle insurance must present an order from a court of
  162  competent jurisdiction removing the disabilities of nonage of
  163  the minor pursuant to this section.
  164         Section 4. Section 1003.48, Florida Statutes, is amended to
  165  read:
  166         1003.48 Instruction in operation of motor vehicles.—
  167         (1) A course of study and instruction in the safe and
  168  lawful operation of a motor vehicle shall be made available by
  169  each district school board to students in the secondary schools
  170  in the state. The secondary school shall provide preferential
  171  enrollment to a student who is in the custody of the Department
  172  of Children and Families if the student maintains appropriate
  173  progress as required by the school. As used in this section, the
  174  term “motor vehicle” has shall have the same meaning as in s.
  175  320.01(1)(a) and includes shall include motorcycles and mopeds.
  176  Instruction in motorcycle or moped operation may be limited to
  177  classroom instruction. The course may shall not be made a part
  178  of, or a substitute for, any of the minimum requirements for
  179  graduation.
  180         (2) In order to make such a course available to any
  181  secondary school student, the district school board may use any
  182  one of the following procedures or any combination thereof:
  183         (a) Use Utilize instructional personnel employed by the
  184  district school board.
  185         (b) Contract with a commercial driving school licensed
  186  under the provisions of chapter 488.
  187         (c) Contract with an instructor certified under the
  188  provisions of chapter 488.
  189         (3)(a) District school boards shall earn funds on full-time
  190  equivalent students at the appropriate basic program cost
  191  factor, regardless of the method by which such courses are
  192  offered.
  193         (4)(b) For the purpose of financing the Driver Education
  194  Program in the secondary schools, there shall be levied an
  195  additional 50 cents per year to the driver driver’s license fee
  196  required by s. 322.21. The additional fee shall be promptly
  197  remitted to the Department of Highway Safety and Motor Vehicles,
  198  which shall transmit the fee to the Chief Financial Officer to
  199  be deposited in the General Revenue Fund.
  200         (5)(4) The district school board shall prescribe standards
  201  for the course required by this section and for instructional
  202  personnel directly employed by the district school board. A Any
  203  certified instructor or licensed commercial driving school is
  204  shall be deemed sufficiently qualified and is shall not be
  205  required to meet any standards in lieu of or in addition to
  206  those prescribed under chapter 488.
  207         Section 5. The sum of $800,000 is appropriated from the
  208  General Revenue Fund to the Department of Children and Families
  209  for the purpose of implementing this act during the 2014-2015
  210  fiscal year.
  211         Section 6. This act shall take effect July 1, 2014.