Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1360
       
       
       
       
       
                               Ì580822ÂÎ580822                          
       
       576-03510-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; revising the definition of the term “abuse”;
    4         amending s. 39.0138, F.S.; requiring the Department of
    5         Children and Families to establish rules for granting
    6         exemptions from criminal history and certain other
    7         records checks required for persons being considered
    8         for placement of a child; requiring the department or
    9         its designee to assess the limitations that justify
   10         the exemption and the limitation’s effects on the
   11         child before granting the exemption; requiring level 1
   12         screening for persons granted such exemption;
   13         prohibiting placement of a child with persons
   14         convicted of a certain felony; amending s. 39.3065,
   15         F.S.; requiring the Sheriff of Walton County to
   16         provide all child protective investigations in the
   17         county beginning with a specified fiscal year;
   18         amending s. 39.6012, F.S.; requiring parents to make
   19         proactive contact with the department or contracted
   20         case management agency at regular intervals; amending
   21         s. 39.6013, F.S.; requiring the court to consider
   22         certain case details before amending a case plan;
   23         amending s. 39.621, F.S.; requiring the court, during
   24         permanency hearings, to determine case plan
   25         compliance; amending s. 39.701, F.S.; requiring the
   26         court, during judicial review hearings, to determine
   27         case plan compliance; amending s. 63.092, F.S.;
   28         requiring the department to release specified records
   29         to entities conducting preliminary home studies;
   30         providing that certain specified training is required
   31         only for persons who adopt children from the
   32         department; amending s. 402.305, F.S.; revising
   33         minimum requirements for child care personnel related
   34         to screening and fingerprinting; requiring child care
   35         facilities to provide information during specified
   36         months to parents intended to prevent children from
   37         being left in vehicles; requiring the department to
   38         develop a flyer or brochure containing specified
   39         information; specifying the minimum standards the
   40         department must adopt regarding transportation of
   41         children by child care facilities; specifying that a
   42         child care facility is not responsible for children
   43         when they are transported by a parent or guardian;
   44         amending ss. 402.313 and 402.3131, F.S.; requiring
   45         family day care homes and large family child care
   46         homes to provide information during specified months
   47         to parents intended to prevent children from being
   48         left in vehicles; requiring the department to develop
   49         a flyer or brochure containing specified information;
   50         amending s. 409.175, F.S.; defining the term “severe
   51         disability” and providing an exemption from
   52         fingerprint requirements for adult household members
   53         with severe disabilities; amending s. 409.991, F.S.;
   54         revising the equity allocation formula for community
   55         based care lead agencies; amending s. 435.07, F.S.;
   56         revising the offenses that disqualify certain child
   57         care personnel from specified employment; amending ss.
   58         402.30501, 1002.55, 1002.57, and 1002.59, F.S.;
   59         conforming cross-references; providing a directive to
   60         the Division of Law Revision and Information;
   61         providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsection (2) of section 39.01, Florida
   66  Statutes, is amended to read:
   67         39.01 Definitions.—When used in this chapter, unless the
   68  context otherwise requires:
   69         (2) “Abuse” means any willful act or threatened act that
   70  results in any physical, mental, or sexual abuse, injury, or
   71  harm that causes or is likely to cause the child’s physical,
   72  mental, or emotional health to be significantly impaired. Abuse
   73  of a child includes the birth of a new child into a family
   74  during the course of an open dependency case when the parent or
   75  caregiver has been determined to lack the protective capacity to
   76  safely care for the children in the home and has not
   77  substantially complied with the case plan towards successful
   78  reunification or met the conditions for return of the children
   79  into the home. Abuse of a child includes acts or omissions.
   80  Corporal discipline of a child by a parent or legal custodian
   81  for disciplinary purposes does not in itself constitute abuse
   82  when it does not result in harm to the child.
   83         Section 2. Subsections (2) through (7) of section 39.0138,
   84  Florida Statutes, are renumbered as subsections (3) through (8),
   85  respectively, present subsections (2) and (3) are amended, and a
   86  new subsection (2) is added to that section, to read:
   87         39.0138 Criminal history and other records checks; limit on
   88  placement of a child.—
   89         (2)(a)The department shall establish rules for granting an
   90  exemption from the fingerprinting requirements under subsection
   91  (1) for a household member who has a physical, developmental, or
   92  cognitive disability that prevents that person from safely
   93  submitting fingerprints.
   94         (b)Before granting an exemption, the department or its
   95  designee shall assess and document the physical, developmental,
   96  or cognitive limitations that justify the exemption and the
   97  effect of such limitations on the safety and well-being of the
   98  child being placed in the home.
   99         (c)If a fingerprint exemption is granted, a level 1
  100  screening pursuant to s. 435.03 shall be completed on the person
  101  who is granted the exemption.
  102         (3)(2) The department may not place a child with a person
  103  other than a parent if the criminal history records check
  104  reveals that the person has been convicted of any felony that
  105  falls within any of the following categories:
  106         (a) Child abuse, abandonment, or neglect;
  107         (b) Domestic violence;
  108         (c) Child pornography or other felony in which a child was
  109  a victim of the offense; or
  110         (d) Homicide, sexual battery, or other felony involving
  111  violence, other than felony assault or felony battery when an
  112  adult was the victim of the assault or battery, or resisting
  113  arrest with violence.
  114         (4)(3) The department may not place a child with a person
  115  other than a parent if the criminal history records check
  116  reveals that the person has, within the previous 5 years, been
  117  convicted of a felony that falls within any of the following
  118  categories:
  119         (a) Assault;
  120         (b) Battery; or
  121         (c) A drug-related offense; or
  122         (d)Resisting arrest with violence.
  123         Section 3. Paragraph (a) of subsection (3) of section
  124  39.3065, Florida Statutes, is amended to read:
  125         39.3065 Sheriffs of certain counties to provide child
  126  protective investigative services; procedures; funding.—
  127         (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of
  128  Pasco County, Manatee County, Broward County, and Pinellas
  129  County shall have the responsibility to provide all child
  130  protective investigations in their respective counties.
  131  Beginning in fiscal year 2018-2019, the Sheriff of Walton County
  132  shall provide all child protective investigations in his or her
  133  county. Beginning in fiscal year 2000-2001, the Department of
  134  Children and Families is authorized to enter into grant
  135  agreements with sheriffs of other counties to perform child
  136  protective investigations in their respective counties.
  137         Section 4. Paragraph (d) is added to subsection (1) of
  138  section 39.6012, Florida Statutes, to read:
  139         39.6012 Case plan tasks; services.—
  140         (1) The services to be provided to the parent and the tasks
  141  that must be completed are subject to the following:
  142         (d)Parents must provide accurate contact information to
  143  the department or the contracted case management agency, update
  144  such information as appropriate, and make proactive contact with
  145  the department or the contracted case management agency at least
  146  every 14 calendar days to provide information on the status of
  147  case plan task completion, barriers to completion, and plans
  148  toward reunification.
  149         Section 5. Subsections (6) and (7) of section 39.6013,
  150  Florida Statutes, are renumbered as subsections (7) and (8),
  151  respectively, and a new subsection (6) is added to that section,
  152  to read:
  153         39.6013 Case plan amendments.—
  154         (6)When determining whether to amend the case plan, the
  155  court must consider the length of time the case has been open,
  156  the level of parental engagement to date, the number of case
  157  plan tasks completed, the child’s type of placement and
  158  attachment, and the potential for successful reunification.
  159         Section 6. Subsection (5) of section 39.621, Florida
  160  Statutes, is amended to read:
  161         39.621 Permanency determination by the court.—
  162         (5) At the permanency hearing, the court shall determine:
  163         (a) Whether the current permanency goal for the child is
  164  appropriate or should be changed;
  165         (b) When the child will achieve one of the permanency
  166  goals; and
  167         (c) Whether the department has made reasonable efforts to
  168  finalize the permanency plan currently in effect; and
  169         (d)Whether the frequency, duration, manner, and level of
  170  engagement of the parent or legal guardian’s visitation with the
  171  child meets the case plan requirements.
  172         Section 7. Paragraph (d) of subsection (2) of section
  173  39.701, Florida Statutes, is amended to read:
  174         39.701 Judicial review.—
  175         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  176  AGE.—
  177         (d) Orders.—
  178         1. Based upon the criteria set forth in paragraph (c) and
  179  the recommended order of the citizen review panel, if any, the
  180  court shall determine whether or not the social service agency
  181  shall initiate proceedings to have a child declared a dependent
  182  child, return the child to the parent, continue the child in
  183  out-of-home care for a specified period of time, or initiate
  184  termination of parental rights proceedings for subsequent
  185  placement in an adoptive home. Amendments to the case plan must
  186  be prepared as prescribed in s. 39.6013. If the court finds that
  187  the prevention or reunification efforts of the department will
  188  allow the child to remain safely at home or be safely returned
  189  to the home, the court shall allow the child to remain in or
  190  return to the home after making a specific finding of fact that
  191  the reasons for the creation of the case plan have been remedied
  192  to the extent that the child’s safety, well-being, and physical,
  193  mental, and emotional health will not be endangered.
  194         2. The court shall return the child to the custody of the
  195  parents at any time it determines that they have substantially
  196  complied with the case plan, if the court is satisfied that
  197  reunification will not be detrimental to the child’s safety,
  198  well-being, and physical, mental, and emotional health.
  199         3. If, in the opinion of the court, the social service
  200  agency has not complied with its obligations as specified in the
  201  written case plan, the court may find the social service agency
  202  in contempt, shall order the social service agency to submit its
  203  plans for compliance with the agreement, and shall require the
  204  social service agency to show why the child could not safely be
  205  returned to the home of the parents.
  206         4. If, at any judicial review, the court finds that the
  207  parents have failed to substantially comply with the case plan
  208  to the degree that further reunification efforts are without
  209  merit and not in the best interest of the child, on its own
  210  motion, the court may order the filing of a petition for
  211  termination of parental rights, whether or not the time period
  212  as contained in the case plan for substantial compliance has
  213  expired.
  214         5. Within 6 months after the date that the child was placed
  215  in shelter care, the court shall conduct a judicial review
  216  hearing to review the child’s permanency goal as identified in
  217  the case plan. At the hearing the court shall make findings
  218  regarding the likelihood of the child’s reunification with the
  219  parent or legal custodian. In making such findings, the court
  220  shall consider the level of the parent or legal custodian’s
  221  compliance with the case plan and demonstrated change in
  222  protective capacities compared to that necessary to achieve
  223  timely reunification within 12 months after the removal of the
  224  child from the home. The court shall also consider the
  225  frequency, duration, manner, and level of engagement of the
  226  parent or legal custodian’s visitation with the child in
  227  compliance with the case plan. If the court makes a written
  228  finding that it is not likely that the child will be reunified
  229  with the parent or legal custodian within 12 months after the
  230  child was removed from the home, the department must file with
  231  the court, and serve on all parties, a motion to amend the case
  232  plan under s. 39.6013 and declare that it will use concurrent
  233  planning for the case plan. The department must file the motion
  234  within 10 business days after receiving the written finding of
  235  the court. The department must attach the proposed amended case
  236  plan to the motion. If concurrent planning is already being
  237  used, the case plan must document the efforts the department is
  238  taking to complete the concurrent goal.
  239         6. The court may issue a protective order in assistance, or
  240  as a condition, of any other order made under this part. In
  241  addition to the requirements included in the case plan, the
  242  protective order may set forth requirements relating to
  243  reasonable conditions of behavior to be observed for a specified
  244  period of time by a person or agency who is before the court;
  245  and the order may require any person or agency to make periodic
  246  reports to the court containing such information as the court in
  247  its discretion may prescribe.
  248         Section 8. Paragraphs (b) and (e) of subsection (3) of
  249  section 63.092, Florida Statutes, are amended to read:
  250         63.092 Report to the court of intended placement by an
  251  adoption entity; at-risk placement; preliminary study.—
  252         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
  253  intended adoptive home, a preliminary home study must be
  254  performed by a licensed child-placing agency, a child-caring
  255  agency registered under s. 409.176, a licensed professional, or
  256  an agency described in s. 61.20(2), unless the adoptee is an
  257  adult or the petitioner is a stepparent or a relative. If the
  258  adoptee is an adult or the petitioner is a stepparent or a
  259  relative, a preliminary home study may be required by the court
  260  for good cause shown. The department is required to perform the
  261  preliminary home study only if there is no licensed child
  262  placing agency, child-caring agency registered under s. 409.176,
  263  licensed professional, or agency described in s. 61.20(2), in
  264  the county where the prospective adoptive parents reside. The
  265  preliminary home study must be made to determine the suitability
  266  of the intended adoptive parents and may be completed prior to
  267  identification of a prospective adoptive minor. A favorable
  268  preliminary home study is valid for 1 year after the date of its
  269  completion. Upon its completion, a signed copy of the home study
  270  must be provided to the intended adoptive parents who were the
  271  subject of the home study. A minor may not be placed in an
  272  intended adoptive home before a favorable preliminary home study
  273  is completed unless the adoptive home is also a licensed foster
  274  home under s. 409.175. The preliminary home study must include,
  275  at a minimum:
  276         (b) Records checks of the department’s central abuse
  277  registry, which the department shall provide to the entity
  278  conducting the preliminary home study, and criminal records
  279  correspondence checks under s. 39.0138 through the Department of
  280  Law Enforcement on the intended adoptive parents;
  281         (e) Documentation of counseling and education of the
  282  intended adoptive parents on adoptive parenting, as determined
  283  by the entity conducting the preliminary home study. The
  284  training specified in s. 409.175(14) shall only be required for
  285  persons who adopt children from the department;
  286  
  287  If the preliminary home study is favorable, a minor may be
  288  placed in the home pending entry of the judgment of adoption. A
  289  minor may not be placed in the home if the preliminary home
  290  study is unfavorable. If the preliminary home study is
  291  unfavorable, the adoption entity may, within 20 days after
  292  receipt of a copy of the written recommendation, petition the
  293  court to determine the suitability of the intended adoptive
  294  home. A determination as to suitability under this subsection
  295  does not act as a presumption of suitability at the final
  296  hearing. In determining the suitability of the intended adoptive
  297  home, the court must consider the totality of the circumstances
  298  in the home. A minor may not be placed in a home in which there
  299  resides any person determined by the court to be a sexual
  300  predator as defined in s. 775.21 or to have been convicted of an
  301  offense listed in s. 63.089(4)(b)2.
  302         Section 9. Paragraphs (b) through (f) of subsection (2) of
  303  section 402.305, Florida Statutes, are redesignated as
  304  paragraphs (c) through (g), respectively, paragraph (a) of
  305  subsection (2) and subsections (9) and (10) are amended, and a
  306  new paragraph (b) is added to that subsection (2), to read:
  307         402.305 Licensing standards; child care facilities.—
  308         (2) PERSONNEL.—Minimum standards for child care personnel
  309  shall include minimum requirements as to:
  310         (a) Good moral character based upon screening as defined in
  311  s. 402.302(15). This screening shall be conducted as provided in
  312  chapter 435, using the level 2 standards for screening set forth
  313  in that chapter, and must include employment history checks, a
  314  search of criminal history records, sexual predator and sexual
  315  offender registries, and child abuse and neglect registry of any
  316  state in which the current or prospective child care personnel
  317  resided during the preceding 5 years.
  318         (b)Fingerprint submission for child care personnel, which
  319  shall comply with s. 435.12.
  320         (9) ADMISSIONS AND RECORDKEEPING.—
  321         (a) Minimum standards shall include requirements for
  322  preadmission and periodic health examinations, requirements for
  323  immunizations, and requirements for maintaining emergency
  324  information and health records on all children.
  325         (b) During the months of August and September of each year,
  326  each child care facility shall provide parents of children
  327  enrolled in the facility detailed information regarding the
  328  causes, symptoms, and transmission of the influenza virus in an
  329  effort to educate those parents regarding the importance of
  330  immunizing their children against influenza as recommended by
  331  the Advisory Committee on Immunization Practices of the Centers
  332  for Disease Control and Prevention.
  333         (c)During the months of April and September of each year,
  334  at a minimum, each facility shall provide parents of children
  335  enrolled in the facility with information regarding the
  336  potential for a distracted adult to fail to drop off a child at
  337  the facility and instead leave the child in the adult’s vehicle
  338  upon arrival at the adult’s destination. The child care facility
  339  shall also give parents information about resources with
  340  suggestions to avoid this occurrence. The department shall
  341  develop a flyer or brochure with this information, which shall
  342  be posted to the department’s website, which child care
  343  facilities may choose to reproduce and provide to parents to
  344  satisfy the requirements of this paragraph.
  345         (d)(c) Because of the nature and duration of drop-in child
  346  care, requirements for preadmission and periodic health
  347  examinations and requirements for medically signed records of
  348  immunization required for child care facilities shall not apply.
  349  A parent of a child in drop-in child care shall, however, be
  350  required to attest to the child’s health condition and the type
  351  and current status of the child’s immunizations.
  352         (e)(d) Any child shall be exempt from medical or physical
  353  examination or medical or surgical treatment upon written
  354  request of the parent or guardian of such child who objects to
  355  the examination and treatment. However, the laws, rules, and
  356  regulations relating to contagious or communicable diseases and
  357  sanitary matters shall not be violated because of any exemption
  358  from or variation of the health and immunization minimum
  359  standards.
  360         (10) TRANSPORTATION SAFETY.—Minimum standards shall include
  361  requirements for child restraints or seat belts in vehicles used
  362  by child care facilities and large family child care homes to
  363  transport children, requirements for annual inspections of the
  364  vehicles, limitations on the number of children in the vehicles,
  365  procedures to avoid leaving children in vehicles when
  366  transported by the facility, and accountability for children
  367  being transported by the child care facility. A child care
  368  facility is not responsible for children when they are
  369  transported by a parent or guardian.
  370         Section 10. Section 402.30501, Florida Statutes, is amended
  371  to read:
  372         402.30501 Modification of introductory child care course
  373  for community college credit authorized.—The Department of
  374  Children and Families may modify the 40-clock-hour introductory
  375  course in child care under s. 402.305 or s. 402.3131 to meet the
  376  requirements of articulating the course to community college
  377  credit. Any modification must continue to provide that the
  378  course satisfies the requirements of s. 402.305(2)(e) s.
  379  402.305(2)(d).
  380         Section 11. Subsection (15) is added to section 402.313,
  381  Florida Statutes, to read:
  382         402.313 Family day care homes.—
  383         (15)During the months of April and September of each year,
  384  at a minimum, each family day care home shall provide parents of
  385  children attending the family day care home with information
  386  regarding the potential for a distracted adult to fail to drop
  387  off a child at the family day care home and instead leave the
  388  child in the adult’s vehicle upon arrival at the adult’s
  389  destination. The family day care home shall also give parents
  390  information about resources with suggestions to avoid this
  391  occurrence. The department shall develop a flyer or brochure
  392  with this information, which shall be posted to the department’s
  393  website, which family day care homes may choose to reproduce and
  394  provide to parents to satisfy the requirements of this
  395  subsection.
  396         Section 12. Subsection (10) is added to section 402.3131,
  397  Florida Statutes, to read:
  398         402.3131 Large family child care homes.—
  399         (10)During the months of April and September of each year,
  400  at a minimum, each large family child care home shall provide
  401  parents of children attending the large family child care home
  402  with information regarding the potential for a distracted adult
  403  to fail to drop off a child at the large family child care home
  404  and instead leave the child in the adult’s vehicle upon arrival
  405  at the adult’s destination. The large family child care home
  406  shall also give parents information about resources with
  407  suggestions to avoid this occurrence. The department shall
  408  develop a flyer or brochure with this information, which shall
  409  be posted to the department’s website, which large family child
  410  care homes may choose to reproduce and provide to parents to
  411  satisfy the requirements of this subsection.
  412         Section 13. Paragraphs (l) and (m) of subsection (2) of
  413  section 409.175, Florida Statutes, are redesignated as
  414  paragraphs (m) and (n), respectively, a new paragraph (l) is
  415  added to that subsection, and paragraph (a) of subsection (6) of
  416  that section is amended, to read:
  417         409.175 Licensure of family foster homes, residential
  418  child-caring agencies, and child-placing agencies; public
  419  records exemption.—
  420         (2) As used in this section, the term:
  421         (l)“Severe disability” means a physical, developmental, or
  422  cognitive limitation affecting an individual’s ability to safely
  423  submit fingerprints.
  424         (6)(a) An application for a license shall be made on forms
  425  provided, and in the manner prescribed, by the department. The
  426  department shall make a determination as to the good moral
  427  character of the applicant based upon screening. The department
  428  may grant an exemption from fingerprinting requirements,
  429  pursuant to s. 39.0138, for an adult household member who has a
  430  severe disability.
  431         Section 14. Paragraph (e) of subsection (1) and subsections
  432  (2) and (4) of section 409.991, Florida Statutes, are amended to
  433  read:
  434         409.991 Allocation of funds for community-based care lead
  435  agencies.—
  436         (1) As used in this section, the term:
  437         (e) “Proportion of children in care” means the proportion
  438  of the number of children in care receiving in-home services
  439  over the most recent 12-month period, the number of children
  440  whose families were receiving family support services during the
  441  most recent 12-month period, and the number of children who have
  442  entered into in out-of-home care with a case management overlay
  443  during the most recent 24-month 12-month period. This
  444  subcomponent shall be weighted as follows:
  445         1.Fifteen percent shall be based on children whose
  446  families are receiving family support services.
  447         2.1.Fifty-five Sixty percent shall be based on children in
  448  out-of-home care.
  449         3.2.Thirty Forty percent shall be based on children in in
  450  home care.
  451         (2) The equity allocation of core services funds shall be
  452  calculated based on the following weights:
  453         (a) Proportion of the child population shall be weighted as
  454  5 percent of the total.;
  455         (b) Proportion of child abuse hotline workload shall be
  456  weighted as 35 15 percent of the total.; and
  457         (c) Proportion of children in care shall be weighted as 60
  458  80 percent of the total.
  459         (4) Unless otherwise specified in the General
  460  Appropriations Act, any new core services funds shall be
  461  allocated based on the equity allocation model as follows:
  462         (a) Seventy Twenty percent of new funding shall be
  463  allocated among all community-based care lead agencies.
  464         (b) Thirty Eighty percent of new funding shall be allocated
  465  among community-based care lead agencies that are funded below
  466  their equitable share. Funds allocated pursuant to this
  467  paragraph shall be weighted based on each community-based care
  468  lead agency’s relative proportion of the total amount of funding
  469  below the equitable share.
  470         Section 15. Subsection (4) of section 435.07, Florida
  471  Statutes, is amended to read:
  472         435.07 Exemptions from disqualification.—Unless otherwise
  473  provided by law, the provisions of this section apply to
  474  exemptions from disqualification for disqualifying offenses
  475  revealed pursuant to background screenings required under this
  476  chapter, regardless of whether those disqualifying offenses are
  477  listed in this chapter or other laws.
  478         (4)(a) Disqualification from employment under this chapter
  479  may not be removed from, nor may an exemption be granted to, any
  480  personnel who is found guilty of, regardless of adjudication, or
  481  who has entered a plea of nolo contendere or guilty to, any
  482  felony covered by s. 435.03 or s. 435.04 solely by reason of any
  483  pardon, executive clemency, or restoration of civil rights.
  484         (b) Disqualification from employment under this chapter may
  485  not be removed from, nor may an exemption be granted to, any
  486  person who is a:
  487         1. Sexual predator as designated pursuant to s. 775.21;
  488         2. Career offender pursuant to s. 775.261; or
  489         3. Sexual offender pursuant to s. 943.0435, unless the
  490  requirement to register as a sexual offender has been removed
  491  pursuant to s. 943.04354.
  492         (c) Disqualification from employment under this chapter may
  493  not be removed from, and an exemption may not be granted to, any
  494  current or prospective child care personnel, as defined in s.
  495  402.302(3), and such a person is disqualified from employment as
  496  child care personnel, regardless of any previous exemptions from
  497  disqualification, if the person has been registered as a sex
  498  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  499  arrested for and is awaiting final disposition of, has been
  500  convicted or found guilty of, or entered a plea of guilty or
  501  nolo contendere to, regardless of adjudication, or has been
  502  adjudicated delinquent and the record has not been sealed or
  503  expunged for, any offense prohibited under any of the following
  504  provisions of state law or a similar law of another
  505  jurisdiction:
  506         1. A felony offense prohibited under any of the following
  507  statutes:
  508         a. Chapter 741, relating to domestic violence.
  509         b. Section 782.04, relating to murder.
  510         c. Section 782.07, relating to manslaughter, aggravated
  511  manslaughter of an elderly person or disabled adult, aggravated
  512  manslaughter of a child, or aggravated manslaughter of an
  513  officer, a firefighter, an emergency medical technician, or a
  514  paramedic.
  515         d. Section 784.021, relating to aggravated assault.
  516         e. Section 784.045, relating to aggravated battery.
  517         f. Section 787.01, relating to kidnapping.
  518         g. Section 787.025, relating to luring or enticing a child.
  519         h. Section 787.04(2), relating to leading, taking,
  520  enticing, or removing a minor beyond the state limits, or
  521  concealing the location of a minor, with criminal intent pending
  522  custody proceedings.
  523         i. Section 787.04(3), relating to leading, taking,
  524  enticing, or removing a minor beyond the state limits, or
  525  concealing the location of a minor, with criminal intent pending
  526  dependency proceedings or proceedings concerning alleged abuse
  527  or neglect of a minor.
  528         j. Section 794.011, relating to sexual battery.
  529         k. Former s. 794.041, relating to sexual activity with or
  530  solicitation of a child by a person in familial or custodial
  531  authority.
  532         l. Section 794.05, relating to unlawful sexual activity
  533  with certain minors.
  534         m. Section 794.08, relating to female genital mutilation.
  535         n. Section 806.01, relating to arson.
  536         o. Section 826.04, relating to incest.
  537         p. Section 827.03, relating to child abuse, aggravated
  538  child abuse, or neglect of a child.
  539         q. Section 827.04, relating to contributing to the
  540  delinquency or dependency of a child.
  541         r. Section 827.071, relating to sexual performance by a
  542  child.
  543         s. Chapter 847, relating to child pornography.
  544         t.Chapter 893, relating to a drug abuse prevention and
  545  control offense, if that offense was committed in the preceding
  546  5 years.
  547         u.t. Section 985.701, relating to sexual misconduct in
  548  juvenile justice programs.
  549         2. A misdemeanor offense prohibited under any of the
  550  following statutes:
  551         a. Section 784.03, relating to battery, if the victim of
  552  the offense was a minor.
  553         b. Section 787.025, relating to luring or enticing a child.
  554         c. Chapter 847, relating to child pornography.
  555         3. A criminal act committed in another state or under
  556  federal law which, if committed in this state, constitutes an
  557  offense prohibited under any statute listed in subparagraph 1.
  558  or subparagraph 2.
  559         Section 16. Paragraph (g) of subsection (3) of section
  560  1002.55, Florida Statutes, is amended to read:
  561         1002.55 School-year prekindergarten program delivered by
  562  private prekindergarten providers.—
  563         (3) To be eligible to deliver the prekindergarten program,
  564  a private prekindergarten provider must meet each of the
  565  following requirements:
  566         (g) The private prekindergarten provider must have a
  567  prekindergarten director who has a prekindergarten director
  568  credential that is approved by the office as meeting or
  569  exceeding the minimum standards adopted under s. 1002.57.
  570  Successful completion of a child care facility director
  571  credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
  572  establishment of the prekindergarten director credential under
  573  s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
  574  the requirement for a prekindergarten director credential under
  575  this paragraph.
  576         Section 17. Subsections (3) and (4) of section 1002.57,
  577  Florida Statutes, are amended to read:
  578         1002.57 Prekindergarten director credential.—
  579         (3) The prekindergarten director credential must meet or
  580  exceed the requirements of the Department of Children and
  581  Families for the child care facility director credential under
  582  s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
  583  the prekindergarten director credential satisfies these
  584  requirements for the child care facility director credential.
  585         (4) The department shall, to the maximum extent
  586  practicable, award credit to a person who successfully completes
  587  the child care facility director credential under s.
  588  402.305(2)(g) s. 402.305(2)(f) for those requirements of the
  589  prekindergarten director credential which are duplicative of
  590  requirements for the child care facility director credential.
  591         Section 18. Subsection (1) of section 1002.59, Florida
  592  Statutes, is amended to read:
  593         1002.59 Emergent literacy and performance standards
  594  training courses.—
  595         (1) The office shall adopt minimum standards for one or
  596  more training courses in emergent literacy for prekindergarten
  597  instructors. Each course must comprise 5 clock hours and provide
  598  instruction in strategies and techniques to address the age
  599  appropriate progress of prekindergarten students in developing
  600  emergent literacy skills, including oral communication,
  601  knowledge of print and letters, phonemic and phonological
  602  awareness, and vocabulary and comprehension development. Each
  603  course must also provide resources containing strategies that
  604  allow students with disabilities and other special needs to
  605  derive maximum benefit from the Voluntary Prekindergarten
  606  Education Program. Successful completion of an emergent literacy
  607  training course approved under this section satisfies
  608  requirements for approved training in early literacy and
  609  language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
  610  402.313(6), and 402.3131(5).
  611         Section 19. The Division of Law Revision and Information is
  612  directed to prepare, with the assistance of the staffs of the
  613  appropriate substantive committees of the House of
  614  Representatives and the Senate, a reviser’s bill for the 2019
  615  Regular Session of the Legislature to capitalize the first
  616  letter of each word of the term “child protection team” wherever
  617  it occurs in Florida Statutes.
  618         Section 20. This act shall take effect July 1, 2018.