1 | A bill to be entitled |
2 | An act relating to homelessness; amending s. 320.02, F.S.; |
3 | requiring the motor vehicle registration form and |
4 | registration renewal form to include an option to make a |
5 | voluntary contribution to aid the homeless; amending s. |
6 | 322.08, F.S.; requiring the driver license application |
7 | form to include an option to make a voluntary contribution |
8 | to aid the homeless; amending s. 322.18, F.S.; requiring |
9 | the driver license application form for renewal issuance |
10 | or renewal extension to include an option to make a |
11 | voluntary contribution to aid the homeless; providing that |
12 | voluntary contributions for the homeless are not income of |
13 | a revenue nature for the purpose of applying certain |
14 | service charges; providing for such contributions to be |
15 | deposited into the Grants and Donations Trust Fund of the |
16 | Department of Children and Family Services and used by the |
17 | State Office on Homelessness for certain purposes; |
18 | creating s. 414.161, F.S.; establishing a homelessness |
19 | prevention grant program; requiring grant applicants to be |
20 | ranked competitively; providing preference for certain |
21 | grant applicants; providing eligibility requirements; |
22 | providing grant limitations and restrictions; requiring |
23 | lead agencies for local homeless assistance continuum of |
24 | care to track, monitor, and report on assisted families |
25 | for a specified period of time; amending s. 420.507, F.S.; |
26 | conforming a cross-reference; amending s. 420.621, F.S.; |
27 | conforming a cross-reference; revising, providing, and |
28 | deleting definitions; amending s. 420.622, F.S.; |
29 | increasing and revising membership on the Council on |
30 | Homelessness; removing a member from an obsolete |
31 | organization; correcting the name of a member organization |
32 | on the council; revising the date of an annual report; |
33 | amending s. 420.625, F.S.; conforming a cross-reference; |
34 | creating s. 420.6275, F.S.; creating the Housing First |
35 | program; providing legislative findings and intent; |
36 | providing methodology; providing components of the |
37 | program; creating s. 420.628, F.S.; providing legislative |
38 | findings and intent; amending s. 1003.01, F.S.; revising a |
39 | definition; amending ss. 1003.21, F.S.; conforming |
40 | terminology; providing a school attendance exemption for |
41 | certain children in foster care; amending s. 1003.22, |
42 | F.S.; conforming terminology; providing a school |
43 | certification of a school-entry health examination |
44 | exemption for certain children in foster care; repealing |
45 | s. 414.16, F.S., relating to emergency assistance program; |
46 | providing an effective date. |
47 |
|
48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
|
50 | Section 1. Paragraph (f) is added to subsection (16) of |
51 | section 320.02, Florida Statutes, to read: |
52 | 320.02 Registration required; application for |
53 | registration; forms.-- |
54 | (16) |
55 | (f) Notwithstanding s. 320.023, the application form for |
56 | motor vehicle registration and renewal of registration must |
57 | include language permitting a voluntary contribution of $1 per |
58 | applicant to aid the homeless. Contributions made pursuant to |
59 | this paragraph shall be deposited into the Grants and Donations |
60 | Trust Fund of the Department of Children and Family Services and |
61 | used by the State Office on Homelessness to supplement grants |
62 | made under s. 420.622(4) and (5), provide information to the |
63 | public about homelessness in the state, and provide literature |
64 | for homeless persons seeking assistance. |
65 |
|
66 | For the purpose of applying the service charge provided in s. |
67 | 215.20, contributions received under this subsection are not |
68 | income of a revenue nature. |
69 | Section 2. Subsection (6) of section 322.08, Florida |
70 | Statutes, is amended to read: |
71 | 322.08 Application for license.-- |
72 | (6) The application form for a driver's license or |
73 | duplicate thereof shall include language permitting the |
74 | following: |
75 | (a) A voluntary contribution of $5 per applicant, which |
76 | contribution shall be transferred into the Election Campaign |
77 | Financing Trust Fund. |
78 | (b) A voluntary contribution of $1 per applicant, which |
79 | contribution shall be deposited into the Florida Organ and |
80 | Tissue Donor Education and Procurement Trust Fund for organ and |
81 | tissue donor education and for maintaining the organ and tissue |
82 | donor registry. |
83 | (c) A voluntary contribution of $1 per applicant, which |
84 | contribution shall be distributed to the Florida Council of the |
85 | Blind. |
86 | (d) A voluntary contribution of $2 per applicant, which |
87 | shall be distributed to the Hearing Research Institute, |
88 | Incorporated. |
89 | (e) A voluntary contribution of $1 per applicant, which |
90 | shall be distributed to the Juvenile Diabetes Foundation |
91 | International. |
92 | (f) A voluntary contribution of $1 per applicant, which |
93 | shall be distributed to the Children's Hearing Help Fund. |
94 | (g) Notwithstanding s. 322.081, a voluntary contribution |
95 | of $1 per applicant to aid the homeless. Contributions made |
96 | pursuant to this paragraph shall be deposited into the Grants |
97 | and Donations Trust Fund of the Department of Children and |
98 | Family Services and used by the State Office on Homelessness to |
99 | supplement grants made under s. 420.622(4) and (5), provide |
100 | information to the public about homelessness in the state, and |
101 | provide literature for homeless persons seeking assistance. |
102 |
|
103 | A statement providing an explanation of the purpose of the trust |
104 | funds shall also be included. For the purpose of applying the |
105 | service charge provided in s. 215.20, contributions received |
106 | under paragraphs (c), (d), (e), and (f), and (g) and under s. |
107 | 322.18(9)(a) are not income of a revenue nature. |
108 | Section 3. Subsection (9) of section 322.18, Florida |
109 | Statutes, is amended to read: |
110 | 322.18 Original applications, licenses, and renewals; |
111 | expiration of licenses; delinquent licenses.-- |
112 | (9)(a) The application form for a renewal issuance or |
113 | renewal extension shall include language permitting a voluntary |
114 | contribution of $1 per applicant, to be quarterly distributed by |
115 | the department to Prevent Blindness Florida, a not-for-profit |
116 | organization, to prevent blindness and preserve the sight of the |
117 | residents of this state. A statement providing an explanation of |
118 | the purpose of the funds shall be included with the application |
119 | form. |
120 | (b) Prior to the department distributing the funds |
121 | collected pursuant to this paragraph (a), Prevent Blindness |
122 | Florida must submit a report to the department that identifies |
123 | how such funds were used during the preceding year. |
124 | (b) The application form for a renewal issuance or renewal |
125 | extension shall include language permitting a voluntary |
126 | contribution of $1 per applicant to aid the homeless. |
127 | Contributions made pursuant to this paragraph shall be deposited |
128 | into the Grants and Donations Trust Fund of the Department of |
129 | Children and Family Services and used by the State Office on |
130 | Homelessness to supplement grants made under s. 420.622(4) and |
131 | (5), provide information to the public about homelessness in the |
132 | state, and provide literature for homeless persons seeking |
133 | assistance. |
134 | Section 4. Section 414.161, Florida Statutes, is created |
135 | to read: |
136 | 414.161 Homelessness prevention grants.-- |
137 | (1) ESTABLISHMENT OF PROGRAM.--There is hereby created a |
138 | grant program to provide emergency financial assistance to |
139 | families facing the loss of their current home due to a |
140 | financial or other crisis. The State Office on Homelessness, |
141 | with the concurrence of the Council on Homelessness, may accept |
142 | and administer moneys appropriated to it to provide homelessness |
143 | prevention grants annually to lead agencies for local homeless |
144 | assistance continuum of care, as recognized by the State Office |
145 | on Homelessness. These moneys shall consist of any sums that the |
146 | state may appropriate, as well as money received from donations, |
147 | gifts, bequests, or otherwise from any public or private source |
148 | that is intended to assist families to prevent them from |
149 | becoming homeless. |
150 | (2) GRANT APPLICATIONS.--Grant applicants shall be ranked |
151 | competitively. Preference shall be given to applicants who |
152 | leverage additional private funds and public funds, who |
153 | demonstrate the effectiveness of their homelessness prevention |
154 | programs in keeping families housed, and who demonstrate the |
155 | commitment of other assistance and services to address the |
156 | family's health, employment, and education needs. |
157 | (3) ELIGIBILITY.--In order to qualify for a grant, a lead |
158 | agency must develop and implement a local homeless assistance |
159 | continuum of care plan for its designated catchment area. The |
160 | homelessness prevention program must be included in the |
161 | continuum of care plan. |
162 | (4) GRANT LIMITS.--The maximum grant amount per lead |
163 | agency may not exceed $300,000. The grant assistance may be used |
164 | to pay past due rent or mortgage payments, past due utility |
165 | costs, other past due bills creating the family's financial |
166 | crisis, provision of case management services, and program |
167 | administration costs not to exceed 3 percent of the grant award. |
168 | The homelessness prevention program must develop a case plan for |
169 | each family to be assisted setting forth which costs will be |
170 | covered and the maximum level of assistance to be offered. |
171 | (5) PERFORMANCE.--The lead agency shall be required to |
172 | track, monitor, and report on the families assisted for at least |
173 | 12 months following the last assistance provided to the family. |
174 | The goal for the homelessness prevention program shall be to |
175 | enable at least 85 percent of the families assisted to remain in |
176 | their home and avoid becoming homeless during the ensuing year. |
177 | Section 5. Paragraph (a) of subsection (22) of section |
178 | 420.507, Florida Statutes, is amended to read: |
179 | 420.507 Powers of the corporation.--The corporation shall |
180 | have all the powers necessary or convenient to carry out and |
181 | effectuate the purposes and provisions of this part, including |
182 | the following powers which are in addition to all other powers |
183 | granted by other provisions of this part: |
184 | (22) To develop and administer the State Apartment |
185 | Incentive Loan Program. In developing and administering that |
186 | program, the corporation may: |
187 | (a) Make first, second, and other subordinated mortgage |
188 | loans including variable or fixed rate loans subject to |
189 | contingent interest for all State Apartment Incentive Loans |
190 | provided for in this chapter based upon available cash flow of |
191 | the projects. The corporation shall make loans exceeding 25 |
192 | percent of project cost available only to nonprofit |
193 | organizations and public bodies which are able to secure grants, |
194 | donations of land, or contributions from other sources and to |
195 | projects meeting the criteria of subparagraph 1. Mortgage loans |
196 | shall be made available at the following rates of interest: |
197 | 1. Zero to 3 percent interest for sponsors of projects |
198 | that set aside at least 80 percent of their total units for |
199 | residents qualifying as farmworkers as defined in this part, or |
200 | commercial fishing workers as defined in this part, or the |
201 | homeless as defined in s. 420.621(6)(4) over the life of the |
202 | loan. |
203 | 2. Zero to 3 percent interest based on the pro rata share |
204 | of units set aside for homeless residents if the total of such |
205 | units is less than 80 percent of the units in the borrower's |
206 | project. |
207 | 3. One to 9 percent interest for sponsors of projects |
208 | targeted at populations other than farmworkers, commercial |
209 | fishing workers, and the homeless. |
210 | Section 6. Section 420.621, Florida Statutes, is amended |
211 | to read: |
212 | 420.621 Definitions; ss. 420.621-420.628 420.621- |
213 | 420.627.--As used in ss. 420.621-420.628 420.621-420.627, the |
214 | term following terms shall have the following meanings, unless |
215 | the context otherwise requires: |
216 | (1) "Children and youths experiencing homelessness," for |
217 | programs authorized under the McKinney-Vento Education |
218 | Assistance for Homeless Children and Youths, 42 U.S.C. ss. 11431 |
219 | et seq., means children and youths who lack a fixed, regular, |
220 | and adequate nighttime residence, and includes: |
221 | (a) Children and youths who are sharing the housing of |
222 | other persons due to loss of housing, economic hardship, or a |
223 | similar reason; are living in motels, hotels, travel trailer |
224 | parks, or camping grounds due to the lack of alternative |
225 | adequate accommodations; are living in emergency or transitional |
226 | shelters; are abandoned in hospitals; or are awaiting foster |
227 | care placement. |
228 | (b) Children and youths who have a primary nighttime |
229 | residence that is a public or private place not designed for or |
230 | ordinarily used as a regular sleeping accommodation for human |
231 | beings. |
232 | (c) Children and youths who are living in cars, parks, |
233 | public spaces, abandoned buildings, bus or train stations, or |
234 | similar settings. |
235 | (d) Migratory children who are living in circumstances |
236 | described in paragraphs (a)-(c). |
237 | (2) "Continuum of care" means a community plan to organize |
238 | and deliver housing and services to meet the specific needs of |
239 | people who are homeless as they move to stable housing and |
240 | maximum self-sufficiency. It includes action steps to end |
241 | homelessness and prevent a return to homelessness. |
242 | (3) "Council on Homelessness" means the council created in |
243 | s. 420.622. |
244 | (1) "AFDC" means Aid to Families with Dependent Children |
245 | as administered under chapter 409. |
246 | (4)(2) "Department" means the Department of Children and |
247 | Family Services. |
248 | (5)(3) "District" means a service district of the |
249 | department of Children and Family Services, as set forth in s. |
250 | 20.19. |
251 | (6)(4) "Homeless," applied to an individual, or |
252 | "individual experiencing homelessness" means "Homeless" refers |
253 | to an individual who lacks a fixed, regular, and adequate |
254 | nighttime residence and includes or an individual who has a |
255 | primary nighttime residence that is: |
256 | (a) Is sharing the housing of other persons due to loss of |
257 | housing, economic hardship, or a similar reason; |
258 | (b) Is living in a motel, hotel, travel trailer park, or |
259 | camping ground due to a lack of alternative adequate |
260 | accommodations; |
261 | (c) Is living in an emergency or transitional shelter; A |
262 | supervised publicly or privately operated shelter designed to |
263 | provide temporary living accommodations, including welfare |
264 | hotels, congregate shelters, and transitional housing for the |
265 | mentally ill; |
266 | (b) An institution that provides a temporary residence for |
267 | individuals intended to be institutionalized; or |
268 | (d)(c) Has a primary nighttime residence that is a public |
269 | or private place not designed for, or ordinarily used as, a |
270 | regular sleeping accommodation for human beings; |
271 | (e) Is living in a car, park, public space, abandoned |
272 | building, bus or train station, or similar setting; or |
273 | (f) Is a migratory individual who qualifies as homeless |
274 | because he or she is living in circumstances described in |
275 | paragraphs (a)-(e). |
276 |
|
277 | The terms defined in this subsection do term does not refer to |
278 | any individual imprisoned or otherwise detained pursuant to |
279 | state or federal law. The terms also do not include individuals |
280 | or families who are sharing housing due to cultural preferences, |
281 | voluntary arrangements, and traditional networks of support. The |
282 | terms include an individual who has been released from jail, |
283 | prison, the juvenile justice system, the child welfare system, a |
284 | mental health and developmental disability facility, a |
285 | residential addiction treatment program, or a hospital, for whom |
286 | no subsequent residence has been identified, and who lacks the |
287 | resources and support network to obtain housing. |
288 | (7)(5) "Local coalition for the homeless" means a |
289 | coalition established pursuant to s. 420.623. |
290 | (8)(6) "New and temporary homeless" means those |
291 | individuals or families who are homeless due to societal |
292 | external factors, such as unemployment or other loss of income, |
293 | personal or family-life crises, or the shortage of low-income |
294 | housing. |
295 | (9) "Societal causes of homelessness" means factors such |
296 | as lack of housing for individuals and families with low |
297 | incomes, lack of employment opportunities for those with a high |
298 | school education or less, and lack of day care, transportation, |
299 | and other institutional supports. |
300 | (10)(7) "State Office on Homelessness" means the state |
301 | office created in s. 420.622 "Secretary" means the secretary of |
302 | the Department of Children and Family Services. |
303 | Section 7. Subsections (2) and (9) of section 420.622, |
304 | Florida Statutes, are amended to read: |
305 | 420.622 State Office on Homelessness; Council on |
306 | Homelessness.-- |
307 | (2) The Council on Homelessness is created to consist of a |
308 | 17-member 15-member council of public and private agency |
309 | representatives who shall develop policy and advise the State |
310 | Office on Homelessness. The council members shall be: the |
311 | Secretary of Children and Family Services, or his or her |
312 | designee; the Secretary of Community Affairs, or his or her |
313 | designee; the State Surgeon General, or his or her designee; the |
314 | Executive Director of Veterans' Affairs, or his or her designee; |
315 | the Secretary of Corrections, or his or her designee; the |
316 | Secretary of Health Care Administration, or his or her designee; |
317 | the Commissioner of Education, or his or her designee; the |
318 | Director of Workforce Florida, Inc., or his or her designee; one |
319 | representative of the Florida Association of Counties; one |
320 | representative from the Florida League of Cities; one |
321 | representative of the Florida Coalition for Supportive Housing |
322 | Coalition; the Executive Director of the Florida Housing Finance |
323 | Corporation, or his or her designee; one representative of the |
324 | Florida Coalition for the Homeless; one representative of the |
325 | Florida State Rural Development Council; and four members |
326 | appointed by the Governor. The council members shall be |
327 | volunteer, nonpaid persons and shall be reimbursed for travel |
328 | expenses only. The appointed members of the council shall serve |
329 | staggered 2-year terms, and the council shall meet at least four |
330 | times per year. The importance of minority, gender, and |
331 | geographic representation must be considered when appointing |
332 | members to the council. |
333 | (9) The council shall, by June 30 December 31 of each |
334 | year, beginning in 2008, issue to the Governor, the President of |
335 | the Senate, the Speaker of the House of Representatives, and the |
336 | Secretary of Children and Family Services an evaluation of the |
337 | executive director's performance in fulfilling the statutory |
338 | duties of the office, a report summarizing the council's |
339 | recommendations to the office and the corresponding actions |
340 | taken by the office, and any recommendations to the Legislature |
341 | for proposals to reduce homelessness in this state. |
342 | Section 8. Paragraph (d) of subsection (3) of section |
343 | 420.625, Florida Statutes, is amended to read: |
344 | 420.625 Grant-in-aid program.-- |
345 | (3) ESTABLISHMENT.--There is hereby established a grant- |
346 | in-aid program to help local communities in serving the needs of |
347 | the homeless through a variety of supportive services, which may |
348 | include, but are not limited to: |
349 | (d) Emergency financial assistance for persons who are |
350 | totally without shelter or facing loss of shelter, but who are |
351 | not eligible for such assistance under s. 414.16. |
352 | Section 9. Section 420.6275, Florida Statutes, is created |
353 | to read: |
354 | 420.6275 Housing First.-- |
355 | (1) LEGISLATIVE FINDINGS AND INTENT.-- |
356 | (a) The Legislature finds that many communities plan to |
357 | manage homelessness rather than plan to end it. |
358 | (b) The Legislature also finds that for most of the past |
359 | two decades, public and private solutions to homelessness have |
360 | focused on providing individuals and families who are |
361 | experiencing homelessness with emergency shelter, transitional |
362 | housing, or a combination of both. While emergency shelter |
363 | programs may provide critical access to services for individuals |
364 | and families in crisis, they often fail to address the long-term |
365 | needs of those who are homeless. |
366 | (c) The Legislature further finds that Housing First is an |
367 | alternative approach to the current system of emergency shelter |
368 | or transitional housing which tends to reduce the length of time |
369 | of homelessness and has proven to be cost-effective to homeless |
370 | programs. |
371 | (d) It is therefore the intent of the Legislature to |
372 | encourage local coalitions for the homeless, established |
373 | pursuant to s. 420.623, to adopt the Housing First approach to |
374 | ending homelessness for individuals and families. |
375 | (2) HOUSING FIRST METHODOLOGY.-- |
376 | (a) The Housing First approach to homelessness differs |
377 | from traditional approaches by providing housing assistance, |
378 | case management, and support services responsive to individual |
379 | or family needs after housing is obtained. By using the Housing |
380 | First approach when appropriate, communities can significantly |
381 | reduce the amount of time that individuals and families are |
382 | homeless and prevent further episodes of homelessness. Housing |
383 | First emphasizes that social services provided to enhance |
384 | individual and family well-being can be more effective when |
385 | people are in their own home, and: |
386 | 1. The housing is not time-limited. |
387 | 2. The housing is not contingent on compliance with |
388 | services. Instead, participants must comply with a standard |
389 | lease agreement and are provided with the services and support |
390 | that are necessary to help them do so successfully. |
391 | (b) The Housing First approach addresses the societal |
392 | causes of homelessness and advocates for the immediate return of |
393 | individuals and families back into housing and communities. |
394 | Housing First provides a critical link between the emergency and |
395 | transitional housing system and community-based social service, |
396 | educational, and health care organizations and consists of four |
397 | components: |
398 | 1. Crisis intervention and short-term stabilization. |
399 | 2. Screening, intake, and needs assessment. |
400 | 3. Provision of housing resources. |
401 | 4. Provision of case management. |
402 | Section 10. Section 420.628, Florida Statutes, is created |
403 | to read: |
404 | 420.628 Children and young adults leaving foster care; |
405 | legislative findings and intent.-- |
406 | (1) The Legislature finds that the transition from |
407 | childhood to adulthood is filled with opportunity and risk. Most |
408 | young people who receive adequate support make this transition |
409 | successfully and will become healthy adults who will be prepared |
410 | for work and be able to become responsible, fulfilled members of |
411 | their families and communities. |
412 | (2) The Legislature finds that there are also many young |
413 | people who will enter adulthood without the knowledge, skills, |
414 | attitudes, habits, and relationships that will enable them to be |
415 | productive members of society. Those young people, who through |
416 | no fault of their own, live in foster families, group homes, and |
417 | institutions are among those at greatest risk. |
418 | (3) The Legislature finds that these young people face |
419 | numerous barriers to a successful transition to adulthood. Those |
420 | barriers include changes in foster care placements and schools, |
421 | limited opportunities for participation in age-appropriate |
422 | normal activities, and the inability to achieve economic |
423 | stability, make connections with permanent supportive adults or |
424 | family, and access housing. The main barriers to safe and |
425 | affordable housing for youth aging out of the foster care system |
426 | are cost, lack of availability, the unwillingness of many |
427 | landlords to rent to them, and their own lack of knowledge about |
428 | how to be good tenants. |
429 | (4) The Legislature also finds that young adults who |
430 | emancipate from the child welfare system are at risk of becoming |
431 | homeless and those who were formerly in foster care are |
432 | disproportionately represented in the homeless population. Only |
433 | about two-fifths of eligible young people receive independent |
434 | living services and, of those who do, few receive adequate |
435 | housing assistance. Without the stability of safe housing all |
436 | other services, training, and opportunities may not be |
437 | effective. |
438 | (5) The Legislature further finds that research on young |
439 | people who emancipate from foster care suggests a nexus between |
440 | foster care involvement and later episodes of homelessness and |
441 | that interventions in the foster care system might help to |
442 | prevent homelessness. Responding to the needs of young people |
443 | leaving the foster care system with developmentally appropriate |
444 | supportive housing models organized in a continuum of decreasing |
445 | supervision may increase their ability to live independently in |
446 | the future. |
447 | (6) It is therefore the intent of the Legislature to |
448 | encourage the Department of Children and Family Services, its |
449 | agents, and community-based care providers operating pursuant to |
450 | s. 409.1671, to develop and implement procedures designed to |
451 | reduce the number of young adults who become homeless after |
452 | leaving the child welfare system. |
453 | Section 11. Subsection (12) of section 1003.01, Florida |
454 | Statutes, is amended to read: |
455 | 1003.01 Definitions.--As used in this chapter, the term: |
456 | (12) "Children and youths who are experiencing |
457 | homelessness," for programs authorized under subtitle B, |
458 | Education for Homeless Children and Youths, of title VII of the |
459 | McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et |
460 | seq., means children and youths who lack a fixed, regular, and |
461 | adequate nighttime residence; and includes: |
462 | (a) Children and youths who are sharing the housing of |
463 | other persons due to loss of housing, economic hardship, or a |
464 | similar reason; are living in motels, hotels, travel trailer |
465 | parks, or camping grounds due to the lack of alternative |
466 | adequate accommodations; are living in emergency or transitional |
467 | shelters; are abandoned in hospitals; or are awaiting foster |
468 | care placement. |
469 | (b) Children and youths who have a primary nighttime |
470 | residence that is a public or private place not designed for or |
471 | ordinarily used as a regular sleeping accommodation for human |
472 | beings. |
473 | (c) Children and youths who are living in cars, parks, |
474 | public spaces, abandoned buildings, bus or train stations, or |
475 | similar settings. |
476 | (d) Migratory children who are living in circumstances |
477 | described in paragraphs (a)-(c). |
478 | (12) "Homeless child" means: |
479 | (a) One who lacks a fixed, regular nighttime residence; |
480 | (b) One who has a primary nighttime residence that is: |
481 | 1. A supervised publicly or privately operated shelter |
482 | designed to provide temporary living accommodations, including |
483 | welfare hotels, congregate shelters, and transitional housing |
484 | for the mentally ill; |
485 | 2. An institution that provides a temporary residence for |
486 | individuals intended to be institutionalized; or |
487 | 3. A public or private place not designed for, or |
488 | ordinarily used as, a regular sleeping accommodation for human |
489 | beings; or |
490 | (c) One who temporarily resides with an adult other than |
491 | his or her parent because the parent is suffering financial |
492 | hardship. |
493 | |
494 | A child who is imprisoned, detained, or in the custody of the |
495 | state pursuant to a state or federal law is not a homeless |
496 | child. |
497 | Section 12. Paragraph (f) of subsection (1) and paragraph |
498 | (g) of subsection (4) of section 1003.21, Florida Statutes, are |
499 | amended to read: |
500 | 1003.21 School attendance.-- |
501 | (1) |
502 | (f) Children and youths who are experiencing homelessness |
503 | Homeless children, as defined in s. 1003.01, must have access to |
504 | a free public education and must be admitted to school in the |
505 | school district in which they or their families live. School |
506 | districts shall assist such homeless children to meet the |
507 | requirements of subsection (4) and s. 1003.22, as well as local |
508 | requirements for documentation. |
509 | (4) Before admitting a child to kindergarten, the |
510 | principal shall require evidence that the child has attained the |
511 | age at which he or she should be admitted in accordance with the |
512 | provisions of subparagraph (1)(a)2. The district school |
513 | superintendent may require evidence of the age of any child whom |
514 | he or she believes to be within the limits of compulsory |
515 | attendance as provided for by law. If the first prescribed |
516 | evidence is not available, the next evidence obtainable in the |
517 | order set forth below shall be accepted: |
518 | (g) If none of these evidences can be produced, an |
519 | affidavit of age sworn to by the parent, accompanied by a |
520 | certificate of age signed by a public health officer or by a |
521 | public school physician, or, if neither of these is available in |
522 | the county, by a licensed practicing physician designated by the |
523 | district school board, which certificate states that the health |
524 | officer or physician has examined the child and believes that |
525 | the age as stated in the affidavit is substantially correct. |
526 | Children and youths who are experiencing homelessness A homeless |
527 | child, as defined in s. 1003.01, and children who are in foster |
528 | care until the time of achieving either reunification or a |
529 | permanent placement shall be given temporary exemption from this |
530 | section for 30 school days. |
531 | Section 13. Subsection (1) and paragraph (e) of subsection |
532 | (5) of section 1003.22, Florida Statutes, are amended to read: |
533 | 1003.22 School-entry health examinations; immunization |
534 | against communicable diseases; exemptions; duties of Department |
535 | of Health.-- |
536 | (1) Each district school board and the governing authority |
537 | of each private school shall require that each child who is |
538 | entitled to admittance to kindergarten, or is entitled to any |
539 | other initial entrance into a public or private school in this |
540 | state, present a certification of a school-entry health |
541 | examination performed within 1 year prior to enrollment in |
542 | school. Each district school board, and the governing authority |
543 | of each private school, may establish a policy that permits a |
544 | student up to 30 school days to present a certification of a |
545 | school-entry health examination. Children and youths who are |
546 | experiencing homelessness A homeless child, as defined in s. |
547 | 1003.01, and children who are in foster care until the time of |
548 | achieving either reunification or a permanent placement shall be |
549 | given a temporary exemption for 30 school days. Any district |
550 | school board that establishes such a policy shall include |
551 | provisions in its local school health services plan to assist |
552 | students in obtaining the health examinations. However, any |
553 | child shall be exempt from the requirement of a health |
554 | examination upon written request of the parent of the child |
555 | stating objections to the examination on religious grounds. |
556 | (5) The provisions of this section shall not apply if: |
557 | (e) An authorized school official issues a temporary |
558 | exemption, for a period not to exceed 30 school days, to permit |
559 | a student who transfers into a new county to attend class until |
560 | his or her records can be obtained. Children and youths who are |
561 | experiencing homelessness A homeless child, as defined in s. |
562 | 1003.01, and children who are in foster care until the time of |
563 | achieving either reunification or a permanent placement shall be |
564 | given a temporary exemption for 30 school days. The public |
565 | school health nurse or authorized private school official is |
566 | responsible for followup of each such student until proper |
567 | documentation or immunizations are obtained. An exemption for 30 |
568 | days may be issued for a student who enters a juvenile justice |
569 | program to permit the student to attend class until his or her |
570 | records can be obtained or until the immunizations can be |
571 | obtained. An authorized juvenile justice official is responsible |
572 | for followup of each student who enters a juvenile justice |
573 | program until proper documentation or immunizations are |
574 | obtained. |
575 | Section 14. Section 414.16, Florida Statutes, is repealed. |
576 | Section 15. This act shall take effect July 1, 2008. |