HB 1391 2003
1	A bill to be entitled
2	An act relating to dependent children; amending s. 39.302,
3	F.S.; clarifying a right of access to records for certain
4	attorneys and providing a right to access for employees
5	and agents of educational institutions; authorizing the
6	Department of Children and Family Services and specified
7	law enforcement agencies to release certain information
8	when a child is under investigation or supervision;
9	providing an exception; providing that persons releasing
10	such information are not subject to civil or criminal
11	penalty for the release; creating s. 39.0136, F.S.;
12	providing standards for background screening of persons
13	seeking approval as relative and nonrelative caregivers of
14	children; enumerating offenses the existence of which will
15	cause disapproval; amending ss. 39.301, 39.401, 39.521,
16	F.S.; clarifying the screening that must occur for
17	purposes of a child protective investigation, for the
18	placement of a child, and for providing information to the
19	court; amending s. 39.811, F.S.; requiring certain
20	screening of prospective adoptive parents; amending s.
21	63.092, F.S.; conforming a cross-reference; creating s.
22	435.12, F.S.; specifying that offenses considered as part
23	of background screening are to be considered regardless of
24	the date of commission; creating s. 409.017, F.S.;
25	providing standards for background screening of persons in
26	a household seeking licensure as a foster home;
27	enumerating offenses the existence of which will cause
28	disapproval; providing for rescreening; imposing a duty
29	upon the licensee; amending s. 409.175, F.S.; redefining
30	the term "personnel" and deleting the definition of the
31	term "screening"; creating s. 409.177, F.S.; providing
32	standards for background screening for child-placing and
33	residential child-caring agencies; providing for denial of
34	a license and exclusion from employment; creating s.
35	409.1759, F.S.; providing for background screening for
36	summer camp personnel; providing an exception; amending s.
37	435.07, F.S.; modifying the time period within which prior
38	felonies must be considered when granting exemptions from
39	disqualification; creating s. 435.13, F.S.; providing for
40	rescreening; specifying conditions thereon and authorizing
41	exceptions; requiring the retention of certain records;
42	repealing s. 409.1757, F.S., relating to persons not
43	required to be rescreened or refingerprinted; repealing s.
44	435.045, F.S., relating to requirements for placement of
45	dependent children; providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. Subsection (2) of section 39.202, Florida
50	Statutes, is amended, present subsections (4) through (7) of
51	that section are renumbered as subsections (5) through (8),
52	respectively, and a new subsection (4) is added to that section
53	to read:
54	39.202 Confidentiality of reports and records in cases of
55	child abuse or neglect.--
56	(2) Except as provided in subsection (4),access to such
57	records, excluding the name of the reporter which shall be
58	released only as provided in subsection (5)(4), shall be granted
59	only to the following persons, officials, and agencies:
60	(a) Employees, authorized agents, or contract providers of
61	the department, the Department of Health, or county agencies
62	responsible for carrying out:
63	1. Child or adult protective investigations;
64	2. Ongoing child or adult protective services;
65	3. Healthy Start services; or
66	4. Licensure or approval of adoptive homes, foster homes,
67	or child care facilities, or family day care homes or informal
68	child care providers who receive subsidized child care funding,
69	or other homes used to provide for the care and welfare of
70	children.
71
72	Also, employees or agents of the Department of Juvenile Justice
73	responsible for the provision of services to children, pursuant
74	to chapters 984 and 985.
75	(b) Criminal justice agencies of appropriate jurisdiction.
76	(c) The state attorney of the judicial circuit in which
77	the child resides or in which the alleged abuse or neglect
78	occurred.
79	(d) The parent or legal custodian of any child who is
80	alleged to have been abused, abandoned, or neglected, and the
81	child, and their attorneys, including any attorney representing
82	a child in civil or criminal proceedings. This access shall be
83	made available no later than 30 days after the department
84	receives the initial report of abuse, neglect, or abandonment.
85	However, any information otherwise made confidential or exempt
86	by law shall not be released pursuant to this paragraph.
87	(e) Any person alleged in the report as having caused the
88	abuse, abandonment, or neglect of a child. This access shall be
89	made available no later than 30 days after the department
90	receives the initial report of abuse, abandonment, or neglect
91	and, when the alleged perpetrator is not a parent, shall be
92	limited to information involving the protective investigation
93	only and shall not include any information relating to
94	subsequent dependency proceedings. However, any information
95	otherwise made confidential or exempt by law shall not be
96	released pursuant to this paragraph.
97	(f) A court upon its finding that access to such records
98	may be necessary for the determination of an issue before the
99	court; however, such access shall be limited to inspection in
100	camera, unless the court determines that public disclosure of
101	the information contained therein is necessary for the
102	resolution of an issue then pending before it.
103	(g) A grand jury, by subpoena, upon its determination that
104	access to such records is necessary in the conduct of its
105	official business.
106	(h) Any appropriate official of the department responsible
107	for:
108	1. Administration or supervision of the department's
109	program for the prevention, investigation, or treatment of child
110	abuse, abandonment, or neglect, or abuse, neglect, or
111	exploitation of a vulnerable adult, when carrying out his or her
112	official function;
113	2. Taking appropriate administrative action concerning an
114	employee of the department alleged to have perpetrated child
115	abuse, abandonment, or neglect, or abuse, neglect, or
116	exploitation of a vulnerable adult; or
117	3. Employing and continuing employment of personnel of the
118	department.
119	(i) Any person authorized by the department who is engaged
120	in the use of such records or information for bona fide
121	research, statistical, or audit purposes. Such individual or
122	entity shall enter into a privacy and security agreement with
123	the department and shall comply with all laws and rules
124	governing the use of such records and information for research
125	and statistical purposes. Information identifying the subjects
126	of such records or information shall be treated as confidential
127	by the researcher and shall not be released in any form.
128	(j) The Division of Administrative Hearings for purposes
129	of any administrative challenge.
130	(k) Any appropriate official of a Florida advocacy council
131	investigating a report of known or suspected child abuse,
132	abandonment, or neglect; the Auditor General or the Office of
133	Program Policy Analysis and Government Accountability for the
134	purpose of conducting audits or examinations pursuant to law; or
135	the guardian ad litem for the child.
136	(l) Employees or agents of an agency of another state that
137	has comparable jurisdiction to the jurisdiction described in
138	paragraph (a).
139	(m) The Public Employees Relations Commission for the sole
140	purpose of obtaining evidence for appeals filed pursuant to s.
141	447.207. Records may be released only after deletion of all
142	information which specifically identifies persons other than the
143	employee.
144	(n) Employees or agents of the Department of Revenue
145	responsible for child support enforcement activities.
146	(o) Any person in the event of the death of a child
147	determined to be a result of abuse, abandonment, or neglect.
148	Information identifying the person reporting abuse, abandonment,
149	or neglect shall not be released. Any information otherwise made
150	confidential or exempt by law shall not be released pursuant to
151	this paragraph.
152	(p) Employees or agents of school boards, public schools,
153	private schools, and charter schools, or other educational
154	institutions.
155	(4) Notwithstanding any other provision of law, when a
156	child under investigation or supervision of the department or
157	its contracted service providers is determined to be missing,
158	the following shall apply:
159	(a) The department may release the following information
160	to the public when it believes the release of the information is
161	likely to assist efforts in locating the child or to promote the
162	safety or well-being of the child:
163	1. The name of the child and the child's date of birth;
164	2. A physical description of the child, including at a
165	minimum the height, weight, hair color, eye color, gender, and
166	any identifying physical characteristics of the child; and
167	3. A photograph of the child.
168	(b) With the concurrence of the law enforcement agency
169	primarily responsible for investigating the incident, the
170	department may release any additional information it believes
171	likely to assist efforts in locating the child or to promote the
172	safety or well-being of the child.
173	(c) The law enforcement agency primarily responsible for
174	investigating the incident may release any information received
175	from the department regarding the investigation, if it believes
176	the release of the information is likely to assist efforts in
177	locating the child or to promote the safety or well-being of the
178	child.
179
180
181	The good-faith publication or release of this information by the
182	department, a law enforcement agency, or any recipient of the
183	information as specifically authorized by this subsection shall
184	not subject the person, agency or entity releasing the
185	information to any civil or criminal penalty. This subsection
186	does not authorize the release of the name of the reporter,
187	which may be released only as provided in subsection (5).
188	Section 2. Section 39.0136, Florida Statutes, is created
189	to read:
190	39.0136 Security background investigations.--
191	(1) The department shall conduct security background
192	investigations for any relative or nonrelative caregiver who is
193	not a licensed foster or shelter parent and who is being
194	considered for placement of a child subject to the provisions of
195	this chapter. The security background investigation shall
196	include all persons over the age of 12 residing in the home of
197	the potential caregiver.
198	(2) For the purposes of this section, security background
199	investigations shall include, but not be limited to,
200	fingerprinting for all purposes and checks in this subsection,
201	statewide criminal and juvenile records checks through the
202	Florida Department of Law Enforcement and the Florida Department
203	of Juvenile Justice, national criminal records checks through
204	the Federal Bureau of Investigation, and local criminal records
205	checks through local law enforcement agencies. For children over
206	the age of 12, the security background investigation shall be
207	limited to statewide criminal and juvenile records checks
208	through the Florida Department of Law Enforcement and local
209	criminal records checks through local law enforcement agencies.
210	(3) When fingerprinting is required under this section and
211	a placement decision is being made under exigent circumstances,
212	the placement may be made based on the results of a national
213	name check through the National Crime Information Center, so
214	long as the required fingerprint information is provided to the
215	Federal Bureau of Investigation within the timeframe established
216	by the Federal Government after placement of the child.
217	(4) The security background investigations under this
218	section must ensure that no person over the age of 12 residing
219	in the home of a relative or nonrelative with whom a child is to
220	be placed has been found guilty of, regardless of adjudication,
221	or entered a plea of nolo contendere or guilty to, any felony
222	offense prohibited under any of the following provisions of the
223	Florida Statutes or under any similar statute of another
224	jurisdiction at any time:
225	(a) Section 782.04, relating to murder.
226	(b) Section 782.07, relating to manslaughter, aggravated
227	manslaughter of an elderly person or disabled adult, or
228	aggravated manslaughter of a child.
229	(c) Section 794.011, relating to sexual battery.
230	(d) Former s. 794.041, relating to prohibited act of
231	persons in familial or custodial authority.
232	(e) Section 796.03, relating to procuring a person under
233	the age of 18 for prostitution.
234	(f) Section 800.04, relating to lewd or lascivious
235	offenses committed upon or in the presence of persons less than
236	16 years of age.
237	(g) Section 827.03, relating to child abuse, aggravated
238	child abuse, or neglect of a child.
239	(h) Section 827.04(3), relating to the impregnation of a
240	child under the age of 16 by a person over the age of 21.
241	(i) Former s. 827.05, relating to negligent treatment of
242	children.
243	(j) Section 827.071, relating to sexual performance by a
244	child.
245	(k) Section 847.0135, relating to computer pornography.
246	(l) Section 847.0145, relating to selling or buying of
247	minors.
248	(m) Any statute creating a felony offense relating to
249	domestic violence as defined in s. 741.28.
250	(n) Section 784.021, relating to aggravated assault.
251	(o) Section 784.045, relating to aggravated battery.
252	(5) The security background investigations under this
253	section must ensure that no person over the age of 12 residing
254	in the home of a relative or nonrelative with whom a child is to
255	be placed has been found guilty of, regardless of adjudication,
256	or entered a plea of nolo contendere or guilty to, any felony
257	offense prohibited under any of the following provisions of the
258	Florida Statutes or under any similar statute of another
259	jurisdiction and the offense was committed within the previous 5
260	years:
261	(a) Section 893.13, relating to prohibited acts (drug
262	abuse).
263	(b) Section 893.149, relating to the unlawful possession
264	of listed chemicals.
265	(c) Chapter 837, relating to perjury.
266	(d) Section 831.01, relating to forgery.
267	(e) Section 414.39, relating to public assistance fraud.
268	(6) If the security background investigation of a relative
269	or nonrelative being considered for placement of a child reveals
270	any misdemeanor conviction, any findings of delinquency, or any
271	felony conviction, this information shall be recorded in the
272	record of the investigation and shall be considered as a part of
273	the risk assessment that is used to determine the appropriate
274	placement for the child.
275	(7) All information concerning any person with whom the
276	child is placed which was obtained through the security
277	background investigation shall be presented to the court at the
278	shelter hearing. All information from the Federal Bureau of
279	Investigation and any information that has been sealed or any
280	reference to the existence of expunged information may be shared
281	only with the court in an inspection in camera.
282	(8) Any caregiver who becomes aware of a person becoming a
283	household member of a household where a child is placed must,
284	within 5 days after that person has become a household member,
285	submit to the department the information necessary to conduct a
286	screening under this section.
287	Section 3. Paragraph (c) of subsection (9) of section
288	39.301, Florida Statutes, is amended to read:
289	39.301 Initiation of protective investigations.--
290	(9) For each report it receives, the department shall
291	perform an onsite child protective investigation that includes a
292	face-to-face interview with the child, other siblings, parents,
293	and other adults in the household and an onsite assessment of
294	the child's residence in order to:
295	(c) Determine the immediate and long-term risk to each
296	child by conducting a security background check as provided in
297	s. 39.0136state and federal records checks, including, when
298	feasible, the records of the Department of Corrections, on the
299	parents, legal custodians, or caregivers, and any other persons
300	in the same household. This information shall be used solely for
301	purposes supporting the detection, apprehension, prosecution,
302	pretrial release, posttrial release, or rehabilitation of
303	criminal offenders or persons accused of the crimes of child
304	abuse, abandonment, or neglect and shall not be further
305	disseminated or used for any other purpose. The department's
306	child protection investigators are hereby designated a criminal
307	justice agency for the purpose of accessing criminal justice
308	information to be used for enforcing this state's laws
309	concerning the crimes of child abuse, abandonment, and neglect.
310	Section 4. Subsection (3) of section 39.401, Florida
311	Statutes, is amended to read:
312	39.401 Taking a child alleged to be dependent into
313	custody; law enforcement officers and authorized agents of the
314	department.--
315	(3) If the child is taken into custody by, or is delivered
316	to, an authorized agent of the department, the authorized agent
317	shall review the facts supporting the removal with an attorney
318	representing the department. The purpose of this review shall be
319	to determine whether probable cause exists for the filing of a
320	shelter petition. If the facts are not sufficient to support
321	the filing of a shelter petition, the child shall immediately be
322	returned to the custody of the parent or legal custodian. If the
323	facts are sufficient to support the filing of the shelter
324	petition and the child has not been returned to the custody of
325	the parent or legal custodian, the department shall file the
326	petition and schedule a hearing, and the attorney representing
327	the department shall request that a shelter hearing be held as
328	quickly as possible, not to exceed 24 hours after the removal of
329	the child. While awaiting the shelter hearing, the authorized
330	agent of the department may place the child in licensed shelter
331	care or may release the child to a parent or legal custodian or
332	responsible adult relative who shall be given priority
333	consideration over a licensed placement, or a responsible adult
334	approved by the department when this is in the best interests of
335	the child. Any placement of a child which is not in a licensed
336	shelter must be preceded by a security background investigation,
337	as described in s. 39.0136local and state criminal records
338	check, as well as a search of the department's automated abuse
339	information system, on all members of the household, to assess
340	the child's safety within the home. In addition, the department
341	may authorize placement of a housekeeper/homemaker in the home
342	of a child alleged to be dependent until the parent or legal
343	custodian assumes care of the child.
344	Section 5. Paragraphs (k) and (r) of subsection (2) of
345	section 39.521, Florida Statutes, are amended to read:
346	39.521 Disposition hearings; powers of disposition.--
347	(2) The predisposition study must provide the court with
348	the following documented information:
349	(k) A Florida Abuse Hotline Information System (FAHIS)
350	history and criminal records check as provided for in s. 39.0136
351	for all caregivers, family members, and individuals residing
352	within the household from which the child was removed.
353	(r) If the child has been removed from the home and will
354	be remaining with a relative or other adult approved by the
355	court, a home study report concerning the proposed placement
356	shall be included in the predisposition report. Prior to
357	recommending to the court any out-of-home placement for a child
358	other than placement in a licensed shelter or foster home, the
359	department shall conduct a study of the home of the proposed
360	legal custodians, which must include, at a minimum:
361	1. An interview with the proposed legal custodians to
362	assess their ongoing commitment and ability to care for the
363	child.
364	2. Records checks through the Florida Abuse Hotline
365	Information System(FAHIS), and a security background
366	investigation as provided for in s. 39.0136local and statewide
367	criminal and juvenile records checks through the Department of
368	Law Enforcement, on all household members 12 years of age or
369	older and any other persons made known to the department who are
370	frequent visitors in the home. Out-of-state criminal records
371	checks must be initiated for any individual designated above who
372	has resided in a state other than Florida provided that state's
373	laws allow the release of these records. The out-of-state
374	criminal records must be filed with the court within 5 days
375	after receipt by the department or its agent.
376	3. An assessment of the physical environment of the home.
377	4. A determination of the financial security of the
378	proposed legal custodians.
379	5. A determination of suitable child care arrangements if
380	the proposed legal custodians are employed outside of the home.
381	6. Documentation of counseling and information provided to
382	the proposed legal custodians regarding the dependency process
383	and possible outcomes.
384	7. Documentation that information regarding support
385	services available in the community has been provided to the
386	proposed legal custodians.
387
388
389	The department shall not place the child or continue the
390	placement of the child in a home under shelter or
391	postdisposition placement if the results of the home study are
392	unfavorable, unless the court finds that this placement is in
393	the child's best interest.
394
395	Any other relevant and material evidence, including other
396	written or oral reports, may be received by the court in its
397	effort to determine the action to be taken with regard to the
398	child and may be relied upon to the extent of its probative
399	value, even though not competent in an adjudicatory hearing.
400	Except as otherwise specifically provided, nothing in this
401	section prohibits the publication of proceedings in a hearing.
402	Section 6. Present subsections (8) and (9) of section
403	39.811, Florida Statutes, are renumbered as subsections (9) and
404	(10), respectively, and a new subsection (8) is added to that
405	section, to read:
406	39.811 Powers of disposition; order of disposition.--
407	(8) Any person considered for placement for adoption of a
408	child under this chapter must meet the screening requirements
409	set forth in s. 39.0136.
410	Section 7. Subsection (3) of section 63.092, Florida
411	Statutes, is amended to read:
412	63.092 Report to the court of intended placement by an
413	adoption entity; at-risk placement; preliminary study.--
414	(3) PRELIMINARY HOME STUDY.--Before placing the minor in
415	the intended adoptive home, a preliminary home study must be
416	performed by a licensed child-placing agency, a child-caring
417	agency registered under s. 409.176, a licensed professional, or
418	agency described in s. 61.20(2), unless the petitioner is a
419	stepparent, a spouse of the parent, or a relative. The
420	preliminary study shall be completed within 30 days after the
421	receipt by the court of the adoption entity's report, but in no
422	event may the minor be placed in the prospective adoptive home
423	prior to the completion of the preliminary study unless ordered
424	by the court. If the petitioner is a stepparent, a spouse of the
425	parent, or a relative, the preliminary home study may be
426	required by the court for good cause shown. The department is
427	required to perform the preliminary home study only if there is
428	no licensed child-placing agency, child-caring agency registered
429	under s. 409.176, licensed professional, or agency described in
430	s. 61.20(2), in the county where the prospective adoptive
431	parents reside. The preliminary home study must be made to
432	determine the suitability of the intended adoptive parents and
433	may be completed prior to identification of a prospective
434	adoptive minor. A favorable preliminary home study is valid for
435	1 year after the date of its completion. Upon its completion, a
436	copy of the home study must be provided to the intended adoptive
437	parents who were the subject of the home study. A minor may not
438	be placed in an intended adoptive home before a favorable
439	preliminary home study is completed unless the adoptive home is
440	also a licensed foster home under s. 409.175. The preliminary
441	home study must include, at a minimum:
442	(a) An interview with the intended adoptive parents;
443	(b) Records checks of the department's central abuse
444	hotlineregistryand criminal records correspondence checks
445	pursuant to s. 435.03s. 435.045through the Department of Law
446	Enforcement on the intended adoptive parents;
447	(c) An assessment of the physical environment of the home;
448	(d) A determination of the financial security of the
449	intended adoptive parents;
450	(e) Documentation of counseling and education of the
451	intended adoptive parents on adoptive parenting;
452	(f) Documentation that information on adoption and the
453	adoption process has been provided to the intended adoptive
454	parents;
455	(g) Documentation that information on support services
456	available in the community has been provided to the intended
457	adoptive parents; and
458	(h) A copy of each signed acknowledgment required by s.
459	63.085.
460
461	If the preliminary home study is favorable, a minor may be
462	placed in the home pending entry of the judgment of adoption. A
463	minor may not be placed in the home if the preliminary home
464	study is unfavorable. If the preliminary home study is
465	unfavorable, the adoption entity may, within 20 days after
466	receipt of a copy of the written recommendation, petition the
467	court to determine the suitability of the intended adoptive
468	home. A determination as to suitability under this subsection
469	does not act as a presumption of suitability at the final
470	hearing. In determining the suitability of the intended adoptive
471	home, the court must consider the totality of the circumstances
472	in the home. No minor may be placed in a home in which there
473	resides any person determined by the court to be a sexual
474	predator as defined in s. 775.21 or to have been convicted of an
475	offense listed in s. 63.089(4)(b)2.
476	Section 8. Section 435.12, Florida Statutes, is created to
477	read:
478	435.12 Background screening; what covered.--Background
479	screening shall consider all offenses committed by an employee,
480	regardless of the date of commission of the offense.
481	Section 9. Section 409.017, Florida Statutes, is created
482	to read:
483	409.017 Background screening for foster parents.--
484	(1) The department shall conduct security background
485	investigations for any person being considered by the department
486	for licensure as a foster parent. This investigation shall be
487	completed before the person may be licensed as a foster parent
488	and before a child is placed with the prospective foster parent.
489	The screening shall include any person over the age of 12
490	residing in the home.
491	(2) For the purposes of this section, security background
492	investigations shall include, but not be limited to,
493	fingerprinting for all purposes and checks in this subsection,
494	statewide criminal and juvenile records checks through the
495	Florida Department of Law Enforcement, national criminal records
496	checks through the Federal Bureau of Investigation, and local
497	criminal records check through local law enforcement agencies.
498	For children over the age of 12, the security background
499	investigation shall be limited to statewide criminal and
500	juvenile records checks through the Florida Department of Law
501	Enforcement and local criminal records checks through local law
502	enforcement agencies.
503	(3) For purposes of this section, offenses that would
504	otherwise be disqualifying are not disqualifying if committed by
505	a current or former foster child before the 18th birthday of the
506	child.
507	(4) The security background investigations under this
508	section must ensure that no foster parent licensed by the state
509	or person residing in a foster home, with the exception of
510	current or former foster children as specified in subsection
511	(3), has been found guilty of, regardless of adjudication, or
512	entered a plea of nolo contendere or guilty to, any felony
513	offense prohibited under any of the following provisions of the
514	Florida Statutes or under any similar statute of another
515	jurisdiction at any time:
516	(a) Section 782.04, relating to murder.
517	(b) Section 782.07, relating to manslaughter, aggravated
518	manslaughter of an elderly person or disabled adult, or
519	aggravated manslaughter of a child.
520	(c) Section 794.011, relating to sexual battery.
521	(d) Former s. 794.041, relating to prohibited act of
522	persons in familial or custodial authority.
523	(e) Section 796.03, relating to procuring a person under
524	the age of 18 for prostitution.
525	(f) Section 800.04, relating to lewd or lascivious
526	offenses committed upon or in the presence of persons less than
527	16 years of age.
528	(g) Section 827.03, relating to child abuse, aggravated
529	child abuse, or neglect of a child.
530	(h) Section 827.04(3), relating to the impregnation of a
531	child under the age of 16 by a person over the age of 21.
532	(i) Former s. 827.05, relating to negligent treatment of
533	children.
534	(j) Section 827.071, relating to sexual performance by a
535	child.
536	(k) Section 847.0135, relating to computer pornography.
537	(l) Section 847.0145, relating to selling or buying of
538	minors.
539	(m) Any statute creating a felony offense relating to
540	domestic violence as defined in s. 741.28.
541	(n) Section 784.021, relating to aggravated assault.
542	(o) Section 784.045, relating to aggravated battery.
543	(5) The security background investigations under this
544	section must ensure that no foster parent licensed by the state
545	or person residing in a foster home, with the exception of
546	current or former foster children as specified in subsection
547	(3), has been found guilty of, regardless of adjudication, or
548	entered a plea of nolo contendere or guilty to, any felony
549	offense prohibited under any of the following provisions of the
550	Florida Statutes or under any similar statute of another
551	jurisdiction and the offense was committed within the previous 5
552	years:
553	(a) Section 893.13, relating to prohibited acts (drug
554	abuse).
555	(b) Section 893.149, relating to the unlawful possession
556	of listed chemicals.
557	(c) Chapter 837, relating to perjury.
558	(d) Section 831.01, relating to forgery.
559	(e) Section 414.39, relating to public assistance fraud.
560	(6) If the security background investigation of a person
561	seeking licensure as a foster parent or any person residing in
562	the home, with the exception of current or former foster
563	children, reveals any findings of delinquency, any misdemeanor
564	conviction, or any felony conviction, this information shall be
565	considered as a part of the determination as to whether to issue
566	a foster care license to the applicant or to revoke a foster
567	care license. In addition, any offenses which would otherwise be
568	disqualifying but which are not disqualifying as a result of
569	subsection (3) shall be considered as a part of the
570	determination as to whether to issue a foster care license to
571	the applicant or revoke a foster care license.
572	(7) The security background investigation of a prospective
573	foster parent must ensure that the previous licensing of any
574	prospective foster parent and any information relevant to such
575	previous license is considered in deciding whether or not to
576	issue a foster care license.
577	(8) Persons who are licensed as foster parents shall be
578	rescreened pursuant to this section no less frequently than upon
579	each application for relicensing. The rescreening must include,
580	at a minimum, statewide criminal records checks through the
581	Florida Department of Law Enforcement and local criminal records
582	checks through local law enforcement agencies. The department
583	may by rule provide for more frequent rescreening.
584	(9) The licensee is responsible for ensuring that any
585	person becoming a member of the household of a licensed foster
586	home submits to the department, within 5 days after becoming a
587	household member, the information necessary to conduct a
588	screening under this section.
589	Section 10. Paragraphs (i) and (k) of subsection (2) of
590	section 409.175, Florida Statutes, are amended to read:
591	409.175 Licensure of family foster homes, residential
592	child-caring agencies, and child-placing agencies.--
593	(2) As used in this section, the term:
594	(i) "Personnel" means all owners, operators, employees,
595	and volunteers working in a child-placing agency, family foster
596	home,or residential child-caring agency who may be employed by
597	or do volunteer work for a person, corporation, or agency which
598	holds a license as a child-placing agency or a residential
599	child-caring agency, but the term does not include those who do
600	not work on the premises where child care is furnished and
601	either have no direct contact with a child or have no contact
602	with a child outside of the presence of the child's parent or
603	guardian. For purposes of screening, the term shall include any
604	member, over the age of 12 years, of the family of the owner or
605	operator or any person other than a client, over the age of 12
606	years, residing with the owner or operator if the agency or
607	family foster home is located in or adjacent to the home of the
608	owner or operator or if the family member of, or person residing
609	with, the owner or operator has any direct contact with the
610	children. Members of the family of the owner or operator, or
611	persons residing with the owner or operator, who are between the
612	ages of 12 years and 18 years shall not be required to be
613	fingerprinted, but shall be screened for delinquency records.
614	For purposes of screening, the term "personnel" shall also
615	include owners, operators, employees, and volunteers working in
616	summer day camps, or summer 24-hour camps providing care for
617	children. A volunteer who assists on an intermittent basis for
618	less than 40 hours per month shall not be included in the term
619	"personnel" for the purposes of screening, provided that the
620	volunteer is under direct and constant supervision by persons
621	who meet the personnel requirements of this section.
622
623	(k) "Screening" means the act of assessing the background
624	of personnel and includes, but is not limited to, employment
625	history checks as provided in chapter 435, using the level 2
626	standards for screening set forth in that chapter. Screening for
627	employees and volunteers in summer day camps and summer 24-hour
628	camps and screening for all volunteers included under the
629	definition of "personnel" shall be conducted as provided in
630	chapter 435, using the level 1 standards set forth in that
631	chapter.
632	Section 11. Section 409.177, Florida Statutes, is created
633	to read:
634	409.177 Background screening for personnel of child-
635	placing agencies and residential child-caring agencies providing
636	care for children.--
637	(1) The department must conduct criminal records checks
638	equivalent to the level 2 screening requirement of s. 435.04 for
639	the following persons:
640	(a) The personnel of any child-caring or child-placing
641	agency.
642	(b) Any person other than a client over the age of 12
643	years residing with the owner or operator of a child-placing
644	agency or residential child-caring agency if the agency is
645	located in or adjacent to the home of the owner or operator or
646	if the person residing with the owner or operator has any direct
647	contact with the children.
648
649	For children over the age of 12 residing with the owner or
650	operator, the security background investigation shall be limited
651	to statewide criminal and juvenile records checks through the
652	Florida Department of Law Enforcement and local criminal records
653	checks through local law enforcement agencies.
654	(2) When the department has reasonable cause to believe
655	that grounds exist for the denial of a license or exclusion from
656	employment based on the screening required by this section, it
657	shall follow the provisions of s. 435.06.
658	(3) Exemptions from disqualification may be granted, at
659	the discretion of the department, as provided in section 435.07.
660	Section 12. Section 409.1759, Florida Statutes, is created
661	to read:
662	409.1759 Background screening for summer day camps and
663	summer 24-hour camps.--
664	(1) Operators, owners, employees, and volunteers of summer
665	day camps and summer 24-hour camps must obtain criminal records
666	checks equivalent to the level 1 screening requirement of s.
667	435.03.
668	(2) A volunteer who assists on an intermittent basis for
669	less than 40 hours per month is not required to be screened if
670	the volunteer is under direct and constant supervision by
671	persons who have been screened pursuant to this section.
672	Section 13. Subsection (1) of section 435.07, Florida
673	Statutes, is amended to read:
674	435.07 Exemptions from disqualification.--Unless otherwise
675	provided by law, the provisions of this section shall apply to
676	exemptions from disqualification.
677	(1) The appropriate licensing agency may grant to any
678	employee otherwise disqualified from employment an exemption
679	from disqualification for:
680	(a) Felonies committed more than 53years prior to the
681	date of disqualification;
682	(b) Misdemeanors prohibited under any of the Florida
683	Statutes cited in this chapter or under similar statutes of
684	other jurisdictions;
685	(c) Offenses that were felonies when committed but are now
686	misdemeanors;
687	(d) Findings of delinquency; or
688	(e) Commissions of acts of domestic violence as defined in
689	s. 741.30.
690
691	For the purposes of this subsection, the term "felonies" means
692	both felonies prohibited under any of the Florida Statutes cited
693	in this chapter or under similar statutes of other
694	jurisdictions.
695	Section 14. Section 435.13, Florida Statutes, is created
696	to read:
697	435.13 Rescreening.--
698	(1) A screening conducted under this chapter is valid for
699	5 years, at which time a statewide rescreening must be
700	conducted. The 5-year rescreening must include, at a minimum,
701	statewide criminal records checks through the Florida Department
702	of Law Enforcement.
703	(2) In addition, a person must be rescreened following a
704	break in service which exceeds 90 days. A person in this
705	category must undergo the same level of screening which was
706	required prior to the break in service.
707	(3) The employer may grant a leave of absence to an
708	employee for military leave, maternity leave, medical leave, or
709	family sickness leave for a period not exceeding 6 months. In
710	such a case, if the leave was preapproved, rescreening is not
711	required unless the 5-year rescreening has become due while the
712	employee is absent.
713	(4) Teachers and noninstructional personnel who have
714	undergone fingerprinting pursuant to chapter 231, who have not
715	been unemployed for more than 90 days following the
716	fingerprinting, and who attest to completing such fingerprinting
717	and to compliance with this section need not be refingerprinted
718	in order to comply with the screening or fingerprinting
719	requirements for caretakers.
720	(5) Records received from the Federal Bureau of
721	Investigation and the Florida Department of Law Enforcement
722	shall be retained by the department for the earlier of either 5
723	years or 90 days after termination from employment.
724	Section 15. Sections 409.1757 and 435.045, Florida
725	Statutes, are repealed.
726	Section 16. This act shall take effect July 1, 2003.