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Senator Storms moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (1) and paragraphs (e) and (g) of

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present subsection (31) of section 39.01, Florida Statutes, are

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amended, present subsections (14) through (74) are renumbered as

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subsections (15) through (75), respectively, and a new subsection

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(14) is added to that section, to read:

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     39.01  Definitions.--When used in this chapter, unless the

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context otherwise requires:

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     (1) "Abandoned" or "abandonment" means a situation in which

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the parent or legal custodian of a child or, in the absence of a

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parent or legal custodian, the caregiver responsible for the

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child's welfare, while being able, makes no provision for the

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child's support and has failed to establish or maintain a

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substantial and positive relationship with the child. For

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purposes of this subsection, "establish or maintain a substantial

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and positive relationship" includes, but is not limited to,

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frequent and regular contact with the child through frequent and

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regular visitation or frequent and regular communication to or

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with the child, and the exercise of parental rights and

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responsibilities. Marginal efforts and incidental or token visits

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or communications are not sufficient to establish or maintain a

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substantial and positive relationship with a child. and makes no

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effort to communicate with the child, which situation is

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sufficient to evince a willful rejection of parental

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obligations. If the efforts of the parent or legal custodian, or

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caregiver primarily responsible for the child's welfare, to

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support and communicate with the child are, in the opinion of the

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court, only marginal efforts that do not evince a settled purpose

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to assume all parental duties, the court may declare the child to

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be abandoned. The term "abandoned" does not include an abandoned

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newborn infant as described in s. 383.50, a "child in need of

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services" as defined in chapter 984, or a "family in need of

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services" as defined in chapter 984. The incarceration of a

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parent, legal custodian, or caregiver responsible for a child's

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welfare may support a finding of abandonment.

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     (14) "Child who has exhibited inappropriate sexual

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behavior" means a child who is 12 years of age or younger and who

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has been found by the department or the court to have committed

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an inappropriate sexual act.

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     (32)(31) "Harm" to a child's health or welfare can occur

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when any person:

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     (e)  Abandons the child. Within the context of the

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definition of "harm," the term "abandoned the child" or

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"abandonment of the child" means a situation in which the parent

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or legal custodian of a child or, in the absence of a parent or

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legal custodian, the caregiver, while being able, makes no

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provision for the child's support and has failed to establish or

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maintain a substantial and positive relationship with the child.

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For purposes of this paragraph, "establish or maintain a

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substantial and positive relationship" includes, but is not

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limited to, frequent and regular contact with the child through

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frequent and regular visitation or frequent and regular

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communication to or with the child, and the exercise of parental

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rights and responsibilities. Marginal efforts and incidental or

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token visits or communications are not sufficient to establish or

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maintain a substantial and positive relationship with a child

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"abandons the child" means that the parent or legal custodian of

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a child or, in the absence of a parent or legal custodian, the

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person responsible for the child's welfare, while being able,

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makes no provision for the child's support and makes no effort to

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communicate with the child, which situation is sufficient to

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evince a willful rejection of parental obligation. If the efforts

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of the parent or legal custodian or person primarily responsible

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for the child's welfare to support and communicate with the child

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are only marginal efforts that do not evince a settled purpose to

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assume all parental duties, the child may be determined to have

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been abandoned. The term "abandoned" does not include an

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abandoned newborn infant as described in s. 383.50.

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     (g)  Exposes a child to a controlled substance or alcohol.

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Exposure to a controlled substance or alcohol is established by:

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     1. A test, administered at birth, which indicated that the

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child's blood, urine, or meconium contained any amount of alcohol

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or a controlled substance or metabolites of such substances, the

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presence of which was not the result of medical treatment

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administered to the mother or the newborn infant Use by the

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mother of a controlled substance or alcohol during pregnancy when

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the child, at birth, is demonstrably adversely affected by such

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usage; or

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     2. Evidence of extensive, abusive, and Continued chronic

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and severe use of a controlled substance or alcohol by a parent

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when the child is demonstrably adversely affected by such usage.

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As used in this paragraph, the term "controlled substance" means

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prescription drugs not prescribed for the parent or not

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administered as prescribed and controlled substances as outlined

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in Schedule I or Schedule II of s. 893.03.

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     Section 2.  Subsection (16) is added to section 39.0121,

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Florida Statutes, to read:

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     39.0121  Specific rulemaking authority.--Pursuant to the

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requirements of s. 120.536, the department is specifically

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authorized to adopt, amend, and repeal administrative rules which

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implement or interpret law or policy, or describe the procedure

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and practice requirements necessary to implement this chapter,

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including, but not limited to, the following:

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     (16) Provisions for reporting, locating, recovering, and

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stabilizing children whose whereabouts become unknown while they

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are involved with the department and for preventing recurrences

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of such incidents. At a minimum, the rules must:

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     (a) Provide comprehensive, explicit, and consistent

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guidelines to be followed by the department's employees and

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contracted providers when the whereabouts of a child involved

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with the department is unknown.

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     (b) Include criteria to determine when a child is missing

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for purposes of making a report to a law enforcement agency, and

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require that in all cases in which a law enforcement agency has

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accepted a case for criminal investigation pursuant to s.

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39.301(2)(c) and the child's whereabouts are unknown, the child

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shall be considered missing and a report made.

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     (c) Include steps to be taken by employees and contracted

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providers to ensure and provide evidence that parents and

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guardians have been advised of the requirements of s. 787.04(3)

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and that violations are reported.

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     Section 3.  Subsection (1) of section 39.0138, Florida

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Statutes, is amended to read:

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     39.0138  Criminal history records check; limit on placement

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of a child.--

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     (1)  The department shall conduct a criminal history records

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check on for all persons being considered by the department for

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approval for placement of a child subject to a placement decision

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under this chapter, including all nonrelative placement

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decisions, all members of the household of the person being

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considered, and frequent visitors to the household. For purposes

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of this section, a criminal history records check may include,

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but is not limited to, submission of fingerprints to the

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Department of Law Enforcement for processing and forwarding to

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the Federal Bureau of Investigation for state and national

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criminal history information, and local criminal records checks

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through local law enforcement agencies. A criminal history

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records check must also include a search of the department's

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automated abuse information system. The department shall

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establish by rule standards for evaluating any information

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contained in the automated system relating to a person who must

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be screened for purposes of making a placement decision.

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     Section 4.  Section 39.0141, Florida Statutes, is created to

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read:

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     39.0141 Missing children; report required.--Whenever the

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whereabouts of a child involved with the department becomes

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unknown, the department, the community-based care provider, or

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the sheriff's office providing investigative services for the

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department shall make reasonable efforts, as defined by rule, to

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locate the child. If, pursuant to criteria established by rule,

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the child is determined to be missing, the department, the

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community-based care provider, or the sheriff's office shall file

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a report that the child is missing in accordance with s. 937.021.

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     Section 5.  Subsections (2), (4), and (7) of section 39.201,

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Florida Statutes, are amended to read:

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     39.201  Mandatory reports of child abuse, abandonment, or

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neglect; mandatory reports of death; central abuse hotline.--

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     (2)(a)  Each report of known or suspected child abuse,

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abandonment, or neglect by a parent, legal custodian, caregiver,

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or other person responsible for the child's welfare as defined in

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this chapter, except those solely under s. 827.04(3), and each

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report that a child is in need of supervision and care and has no

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parent, legal custodian, or responsible adult relative

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immediately known and available to provide supervision and care

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shall be made immediately to the department's central abuse

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hotline. Such reports may be made on the single statewide toll-

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free telephone number or via fax or web-based report. Personnel

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at the department's central abuse hotline shall determine if the

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report received meets the statutory definition of child abuse,

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abandonment, or neglect. Any report meeting one of these

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definitions shall be accepted for the protective investigation

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pursuant to part III of this chapter.

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     (b)  If the report is of an instance of known or suspected

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child abuse by someone other than a parent, legal custodian,

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caregiver, or other person responsible for the child's welfare as

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defined in this chapter, the report or call shall be immediately

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electronically transferred to the appropriate county sheriff's

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office by the central abuse hotline.

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     (c)  If the report is of an instance of known or suspected

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child abuse, abandonment, or neglect that occurred out of state

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and the alleged perpetrator and the child alleged to be a victim

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live out of state, the central abuse hotline shall not accept the

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report or call for investigation, but shall transfer the

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information on the report to the appropriate state.

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     (d)  If the report is of an instance of known or suspected

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child abuse involving impregnation of a child under 16 years of

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age by a person 21 years of age or older solely under s.

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827.04(3), the report shall be made immediately to the

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appropriate county sheriff's office or other appropriate law

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enforcement agency. If the report is of an instance of known or

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suspected child abuse solely under s. 827.04(3), the reporting

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provisions of this subsection do not apply to health care

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professionals or other persons who provide medical or counseling

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services to pregnant children when such reporting would interfere

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with the provision of medical services.

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     (e)  Reports involving known or suspected institutional

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child abuse or neglect shall be made and received in the same

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manner as all other reports made pursuant to this section.

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     (f)  Reports involving a known or suspected juvenile sexual

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offender or a child who has exhibited inappropriate sexual

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behavior shall be made and received by the department.

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     1.  The department shall determine the age of the alleged

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juvenile sexual offender, if known.

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     2. If When the alleged juvenile sexual offender is 12 years

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of age or younger, the central abuse hotline shall immediately

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electronically transfer the report or call to the county

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sheriff's appropriate law enforcement agency office. The

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department shall conduct an assessment and assist the family in

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receiving appropriate services pursuant to s. 39.307, and send a

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written report of the allegation to the appropriate county

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sheriff's office within 48 hours after the initial report is made

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to the central abuse hotline.

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     3. If When the alleged juvenile sexual offender is 13 years

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of age or older, the central abuse hotline department shall

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immediately electronically transfer the report or call to the

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appropriate county sheriff's office by the central abuse hotline,

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and send a written report to the appropriate county sheriff's

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office within 48 hours after the initial report to the central

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abuse hotline.

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     (g)  Reports involving abandoned newborn infants as

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described in s. 383.50 shall be made and received by the

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department.

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     1.  If the report is of an abandoned newborn infant as

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described in s. 383.50 and there is no indication of abuse,

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neglect, or abandonment other than that necessarily entailed in

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the infant having been left at a hospital, emergency medical

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services station, or fire station, the department shall provide

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to the caller the name of a licensed child-placing agency on a

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rotating basis from a list of licensed child-placing agencies

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eligible and required to accept physical custody of and to place

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newborn infants left at a hospital, emergency medical services

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station, or fire station. The report shall not be considered a

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report of abuse, neglect, or abandonment solely because the

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infant has been left at a hospital, emergency medical services

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station, or fire station pursuant to s. 383.50.

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     2. If the call, fax, or web-based report includes caller

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reports indications of abuse or neglect beyond that necessarily

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entailed in the infant having been left at a hospital, emergency

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medical services station, or fire station, the report shall be

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considered as a report of abuse, neglect, or abandonment and

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shall be subject to the requirements of s. 39.395 and all other

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relevant provisions of this chapter, notwithstanding any

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provisions of chapter 383.

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     (h)  Hotline counselors shall receive periodic training in

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encouraging reporters to provide their names when reporting

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abuse, abandonment, or neglect. Callers shall be advised of the

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confidentiality provisions of s. 39.202. The department shall

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secure and install electronic equipment that automatically

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provides to the hotline the number from which the call or fax is

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placed or the Internet protocol (IP) address from which the

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report is received. This number shall be entered into the report

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of abuse, abandonment, or neglect and become a part of the record

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of the report, but shall enjoy the same confidentiality as

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provided to the identity of the reporter caller pursuant to s.

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39.202.

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     (i)  The department shall voice-record all incoming or

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outgoing calls that are received or placed by the central abuse

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hotline which relate to suspected or known child abuse, neglect,

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or abandonment. The department shall maintain an electronic copy

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of each fax and web-based report. The recording or electronic

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copy of each fax and web-based report shall become a part of the

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record of the report but, notwithstanding s. 39.202, shall be

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released in full only to law enforcement agencies and state

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attorneys for the purpose of investigating and prosecuting

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criminal charges pursuant to s. 39.205, or to employees of the

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department for the purpose of investigating and seeking

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administrative penalties pursuant to s. 39.206. Nothing in this

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paragraph shall prohibit the use of the recordings, the

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electronic copies of faxes, and web-based reports by hotline

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staff for quality assurance and training.

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     (4)  The department shall establish and maintain a central

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abuse hotline to receive all reports made pursuant to this

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section in writing, via fax, via web-based reporting, or through

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a single statewide toll-free telephone number, which any person

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may use to report known or suspected child abuse, abandonment, or

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neglect at any hour of the day or night, any day of the week. The

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central abuse hotline shall be operated in such a manner as to

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enable the department to:

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     (a)  Immediately identify and locate prior reports or cases

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of child abuse, abandonment, or neglect through utilization of

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the department's automated tracking system.

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     (b)  Monitor and evaluate the effectiveness of the

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department's program for reporting and investigating suspected

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abuse, abandonment, or neglect of children through the

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development and analysis of statistical and other information.

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     (c)  Track critical steps in the investigative process to

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ensure compliance with all requirements for any report of abuse,

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abandonment, or neglect.

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     (d)  Maintain and produce aggregate statistical reports

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monitoring patterns of child abuse, child abandonment, and child

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neglect. The department shall collect and analyze child-on-child

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sexual abuse reports and include the information in aggregate

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statistical reports.

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     (e)  Serve as a resource for the evaluation, management, and

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planning of preventive and remedial services for children who

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have been subject to abuse, abandonment, or neglect.

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     (f)  Initiate and enter into agreements with other states

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for the purpose of gathering and sharing information contained in

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reports on child maltreatment to further enhance programs for the

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protection of children.

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     (7)  On an ongoing basis, the department's quality assurance

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program shall review calls, fax reports, and web-based reports to

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the hotline involving three or more unaccepted reports on a

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single child, where jurisdiction applies, in order to detect such

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things as harassment and situations that warrant an investigation

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because of the frequency or variety of the source of the reports.

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The Program Director for Family Safety may refer a case for

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investigation when it is determined, as a result of this review,

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that an investigation may be warranted.

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     Section 6.  Subsections (1) and (16) of section 39.301,

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Florida Statutes, are amended to read:

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     39.301  Initiation of protective investigations.--

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     (1) Upon receiving a an oral or written report of known or

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suspected child abuse, abandonment, or neglect, or that a child

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is in need of supervision and care and has no parent, legal

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custodian, or responsible adult relative immediately known and

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available to provide supervision and care, the central abuse

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hotline shall determine if the report requires an immediate

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onsite protective investigation. For reports requiring an

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immediate onsite protective investigation, the central abuse

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hotline shall immediately notify the department's designated

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children and families district staff responsible for protective

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investigations to ensure that an onsite investigation is promptly

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initiated. For reports not requiring an immediate onsite

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protective investigation, the central abuse hotline shall notify

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the department's designated children and families district staff

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responsible for protective investigations in sufficient time to

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allow for an investigation. At the time of notification of

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district staff with respect to the report, the central abuse

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hotline shall also provide information to district staff on any

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previous report concerning a subject of the present report or any

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pertinent information relative to the present report or any noted

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earlier reports.

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     (16) The department shall complete its protective

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investigation within No later than 60 days after receiving the

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initial report, unless: the local office of the department shall

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complete its investigation.

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     (a) There is also an active, concurrent criminal

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investigation that is continuing beyond the 60-day period and the

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closure of the protective investigation may compromise successful

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criminal prosecution of the child abuse or neglect case, in which

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case the closure date shall coincide with the closure date of the

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criminal investigation and any resulting legal action.

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     (b) In child death cases, the final report of the medical

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examiner is necessary for the department to close its

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investigation, and the report has not been received within the

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60-day period, in which case the report closure date shall be

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extended to accommodate to the report.

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     (c) A child who is necessary to an investigation has been

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declared missing by the department, a law enforcement agency, or

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a court, in which case the 60-day period shall be extended until

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the child has been located or until sufficient information exists

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to close the investigation despite the unknown location of the

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child.

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     Section 7.  Subsections (2), (3), (4), and (5) of section

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39.307, Florida Statutes, are amended to read:

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     39.307  Reports of child-on-child sexual abuse.--

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     (2)  District staff, at a minimum, shall adhere to the

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following procedures:

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     (a)  The purpose of the response to a report alleging

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juvenile sexual abuse behavior shall be explained to the

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caregiver.

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     1.  The purpose of the response shall be explained in a

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manner consistent with legislative purpose and intent provided in

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this chapter.

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     2.  The name and office telephone number of the person

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responding shall be provided to the caregiver of the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior and the victim's caregiver.

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     3.  The possible consequences of the department's response,

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including outcomes and services, shall be explained to the

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caregiver of the alleged juvenile sexual offender or child who

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has exhibited inappropriate sexual behavior and the victim's

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family or caregiver.

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     (b)  The caregiver of the alleged juvenile sexual offender

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or child who has exhibited inappropriate sexual behavior and the

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victim's caregiver of the victim shall be involved to the fullest

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extent possible in determining the nature of the allegation and

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the nature of any problem or risk to other children.

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     (c)  The assessment of risk and the perceived treatment

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needs of the alleged juvenile sexual offender or child who has

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exhibited inappropriate sexual behavior, the victim, and

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respective caregivers shall be conducted by the district staff,

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the child protection team of the Department of Health, and other

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providers under contract with the department to provide services

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to the caregiver of the alleged offender, the victim, and the

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victim's caregiver.

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     (d)  The assessment shall be conducted in a manner that is

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sensitive to the social, economic, and cultural environment of

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the family.

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     (e) If When necessary, the child protection team of the

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Department of Health shall conduct a physical examination of the

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victim, which is sufficient to meet forensic requirements.

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     (f)  Based on the information obtained from the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, his or her the alleged juvenile sexual

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offender's caregiver, the victim, and the victim's caregiver, an

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assessment service and treatment needs report must be completed

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within 7 days and, if needed, a case plan developed within 30

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days.

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     (g) The department shall classify the outcome of its

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initial assessment of the report as follows:

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     1. Report closed. Services were not offered to the alleged

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juvenile sexual offender because the department determined that

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there was no basis for intervention.

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     2.  Services accepted by alleged offender. Services were

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offered to the alleged juvenile sexual offender or child who has

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exhibited inappropriate sexual behavior and accepted by the

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caregiver.

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     3.  Report closed. Services were offered to the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, but were rejected by the caregiver.

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     4. Notification to law enforcement. Either The risk to the

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victim's safety and well-being cannot be reduced by the provision

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of services or the caregiver family rejected services, and

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notification of the alleged delinquent act or violation of law to

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the appropriate law enforcement agency was initiated.

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     5.  Services accepted by victim. Services were offered to

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the victim of the alleged juvenile sexual offender and accepted

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by the caregiver.

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     6. Report closed. Services were offered to the victim of

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the alleged juvenile sexual offender, but were rejected by the

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caregiver.

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     (3) If When services have been accepted by the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, the victim, and respective caregivers or family,

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the department shall designate a case manager and develop a

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specific case plan.

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     (a) Upon receipt of the plan, the caregiver or family shall

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indicate its acceptance of the plan in writing.

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     (b)  The case manager shall periodically review the progress

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toward achieving the objectives of the plan in order to:

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     1.  Make adjustments to the plan or take additional action

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as provided in this part; or

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     2. Terminate the case if when indicated by successful or

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substantial achievement of the objectives of the plan.

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     (4) Services provided to the alleged juvenile sexual

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offender or child who has exhibited inappropriate sexual

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behavior, the victim, and respective caregivers or family must be

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voluntary and of necessary duration.

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     (5)(4) If In the event the family or caregiver of the

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alleged juvenile sexual offender or child who has exhibited

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inappropriate sexual behavior fails to adequately participate or

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allow for the adequate participation of the child juvenile sexual

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offender in the services or treatment delineated in the case

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plan, the case manager may recommend that the department:

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     (a)  Close the case;

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     (b)  Refer the case to mediation or arbitration, if

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available; or

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     (c)  Notify the appropriate law enforcement agency of

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failure to comply.

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     (5) Services to the alleged juvenile sexual offender, the

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victim, and respective caregivers or family under this section

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shall be voluntary and of necessary duration.

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     Section 8.  Subsections (2) and (3) of section 39.401,

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Florida Statutes, are amended, and subsection (5) is added to

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that section, to read:

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     39.401  Taking a child alleged to be dependent into custody;

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law enforcement officers and authorized agents of the

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department.--

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     (2)  If the law enforcement officer takes the child into

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custody, that officer shall:

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     (a)  Release the child to:

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     1.  The parent or legal custodian of the child;

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     2.  A responsible adult approved by the court when limited

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to temporary emergency situations;

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     3. A responsible adult relative or the adoptive parent of

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the child's sibling who shall be given priority consideration

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over a nonrelative placement when this is in the best interests

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of the child; or

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     4.  A responsible adult approved by the department; or

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     (b)  Deliver the child to an authorized agent of the

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department, stating the facts by reason of which the child was

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taken into custody and sufficient information to establish

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probable cause that the child is abandoned, abused, or neglected,

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or otherwise dependent.

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For cases involving allegations of abandonment, abuse, or

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neglect, or other dependency cases, within 3 days after such

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release or within 3 days after delivering the child to an

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authorized agent of the department, the law enforcement officer

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who took the child into custody shall make a full written report

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to the department.

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     (3)  If the child is taken into custody by, or is delivered

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to, an authorized agent of the department, the authorized agent

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shall review the facts supporting the removal with an attorney

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representing the department. The purpose of the this review is

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shall be to determine whether there is probable cause exists for

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the filing of a shelter petition.

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     (a) If the facts are not sufficient to support the filing

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of a shelter petition, the child shall immediately be returned to

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the custody of the parent or legal custodian.

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     (b) If the facts are sufficient to support the filing of

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the shelter petition and the child has not been returned to the

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custody of the parent or legal custodian, the department shall

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file the petition and schedule a hearing, and the attorney

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representing the department shall request that a shelter hearing

494

be held within as quickly as possible, not to exceed 24 hours

495

after the removal of the child. While awaiting the shelter

496

hearing, the authorized agent of the department may place the

497

child in licensed shelter care or may release the child to a

498

parent or legal custodian or responsible adult relative or the

499

adoptive parent of the child's sibling who shall be given

500

priority consideration over a licensed placement, or a

501

responsible adult approved by the department if when this is in

502

the best interests of the child. Any Placement of a child which

503

is not in a licensed shelter must be preceded by a criminal

504

history records check as required under s. 39.0138 local and

505

state criminal records check, as well as a search of the

506

department's automated abuse information system, on all members

507

of the household, to assess the child's safety within the home.

508

In addition, the department may authorize placement of a

509

housekeeper/homemaker in the home of a child alleged to be

510

dependent until the parent or legal custodian assumes care of the

511

child.

512

     (5) Judicial review and approval is required within 24

513

hours after placement for all nonrelative placements. A

514

nonrelative placement must be for a specific and predetermined

515

period of time, not to exceed 12 months, and shall be reviewed by

516

the court at least every 6 months. If the nonrelative placement

517

continues for longer than 12 months, the department shall request

518

the court to establish permanent guardianship or require that the

519

nonrelative seek licensure as a foster care provider within 30

520

days after the court decision. Failure to establish permanent

521

guardianship or obtain licensure does not require the court to

522

change a child's placement unless it is in the best interest of

523

the child to do so.

524

     Section 9.  Subsection (17) of section 39.502, Florida

525

Statutes, is amended to read:

526

     39.502  Notice, process, and service.--

527

     (17)  The parent or legal custodian of the child, the

528

attorney for the department, the guardian ad litem, the foster or

529

preadoptive parents, and all other parties and participants shall

530

be given reasonable notice of all proceedings and hearings

531

provided for under this part. All foster or preadoptive parents

532

must be provided with at least 72 hours' notice, verbally or in

533

writing, of all proceedings or hearings relating to children in

534

their care or children they are seeking to adopt to ensure the

535

ability to provide input to the court.

536

     Section 10.  Subsection (6) of section 39.503, Florida

537

Statutes, is amended to read:

538

     39.503  Identity or location of parent unknown; special

539

procedures.--

540

     (6)  The diligent search required by subsection (5) must

541

include, at a minimum, inquiries of all relatives of the parent

542

or prospective parent made known to the petitioner, inquiries of

543

all offices of program areas of the department likely to have

544

information about the parent or prospective parent, inquiries of

545

other state and federal agencies likely to have information about

546

the parent or prospective parent, inquiries of appropriate

547

utility and postal providers, a thorough search of at least one

548

electronic database specifically designed for locating persons,

549

and inquiries of appropriate law enforcement agencies. Pursuant

550

to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the

551

department, as the state agency administering Titles IV-B and IV-

552

E of the act, shall be provided access to the federal and state

553

parent locator service for diligent search activities.

554

     Section 11.  Section 39.504, Florida Statutes, is amended to

555

read:

556

     39.504  Injunction pending disposition of petition;

557

penalty.--

558

     (1)(a) At any time after a protective investigation has

559

been initiated pursuant to part III of this chapter When a

560

petition for shelter placement or a petition for dependency has

561

been filed or when a child has been taken into custody and

562

reasonable cause, as defined in paragraph (b), exists, the court,

563

upon the request of the department, a law enforcement officer,

564

the state attorney, or other responsible person, or upon its own

565

motion, may, if there is reasonable cause, shall have the

566

authority to issue an injunction to prevent any act of child

567

abuse or any unlawful sexual offense involving a child.

568

     (b) Reasonable cause for the issuance of an injunction

569

exists if there is evidence of child abuse or an unlawful sexual

570

offense involving a child or if there is a reasonable likelihood

571

of such abuse or offense occurring based upon a recent overt act

572

or failure to act.

573

     (2)  Notice shall be provided to the parties as set forth in

574

the Florida Rules of Juvenile Procedure, unless the child is

575

reported to be in imminent danger, in which case the court may

576

issue an injunction immediately. A judge may issue an emergency

577

injunction pursuant to this section without notice if at times

578

when the court is closed for the transaction of judicial

579

business. If When such an immediate injunction is issued, the

580

court must shall hold a hearing on the next day of judicial

581

business either to dissolve the injunction or to continue or

582

modify it in accordance with the other provisions of this

583

section.

584

     (3)(a) If In every instance in which an injunction is

585

issued under this section, the primary purpose of the injunction

586

must be shall be primarily to protect and promote the best

587

interests of the child, taking the preservation of the child's

588

immediate family into consideration. The effective period of the

589

injunction shall be determined by the court, except that the

590

injunction will expire at the time of the disposition of the

591

petition for shelter placement or dependency.

592

     (a)(b) The injunction shall apply to the alleged or actual

593

offender in a case of child abuse or acts of domestic violence an

594

unlawful sexual offense involving a child. The conditions of the

595

injunction shall be determined by the court, which conditions may

596

include ordering the alleged or actual offender to:

597

     1. Refrain from further abuse or acts of domestic violence

598

unlawful sexual activity involving a child.

599

     2.  Participate in a specialized treatment program.

600

     3.  Limit contact or communication with the child victim,

601

other children in the home, or any other child.

602

     4.  Refrain from contacting the child at home, school, work,

603

or wherever the child may be found.

604

     5.  Have limited or supervised visitation with the child.

605

     6.  Pay temporary support for the child or other family

606

members; the costs of medical, psychiatric, and psychological

607

treatment for the child victim incurred as a result of the

608

offenses; and similar costs for other family members.

609

     7.  Vacate the home in which the child resides.

610

     (b)(c) If the intent of the injunction is to protect the

611

child from domestic violence, the conditions may also include:

612

     1. Awarding the exclusive use and possession of the

613

dwelling to the caregiver or excluding the alleged or actual

614

offender from the residence of the caregiver.

615

     2. Awarding temporary custody of the child to the

616

caregiver.

617

     3. Establishing temporary support for the child. At any

618

time prior to the disposition of the petition, the alleged or

619

actual offender may offer the court evidence of changed

620

circumstances as a ground to dissolve or modify the injunction.

621

622

This paragraph does not preclude the adult victim of domestic

623

violence from seeking protection under s. 741.30.

624

     (c) The terms of the injunction shall remain in effect

625

until modified or dissolved by the court. The petitioner,

626

respondent, or caregiver may move at any time to modify or

627

dissolve the injunction. The injunction is valid and enforceable

628

in all counties in the state.

629

     (4) Service of process on the respondent shall be carried

630

out pursuant to s. 741.30. The department shall deliver a copy of

631

any injunction issued pursuant to this section shall be delivered

632

to the protected party, or to a parent, or caregiver, or

633

individual acting in the place of a parent who is not the

634

respondent, and to any law enforcement agency having jurisdiction

635

to enforce such injunction. Law enforcement officers may exercise

636

their arrest powers as provided in s. 901.15(6) to enforce the

637

terms of the injunction. Upon delivery of the injunction to the

638

appropriate law enforcement agency, the agency shall have the

639

duty and responsibility to enforce the injunction.

640

     (5)  Any person who fails to comply with an injunction

641

issued pursuant to this section commits is guilty of a

642

misdemeanor of the first degree, punishable as provided in s.

643

775.082 or s. 775.083.

644

     Section 12.  Subsection (7) of section 39.507, Florida

645

Statutes, is amended to read:

646

     39.507  Adjudicatory hearings; orders of adjudication.--

647

     (7)(a) For as long as a court maintains jurisdiction over a

648

dependency case, only one order adjudicating each child in the

649

case dependent shall be entered. This order establishes the legal

650

status of the child for purposes of proceedings under this

651

chapter and may be based on the conduct of one parent, both

652

parents, or a legal custodian.

653

     (b) However, the court must determine whether each parent

654

or legal custodian identified in the case abused, abandoned, or

655

neglected the child in a subsequent evidentiary hearing. If the

656

evidentiary hearing is conducted subsequent to the adjudication

657

of the child, the court shall supplement the adjudicatory order,

658

disposition order, and the case plan, as necessary. With the

659

exception of proceedings pursuant to s. 39.811, the child's

660

dependency status may not be retried or readjudicated.

661

     (c) If a court adjudicates a child dependent and the child

662

is in out-of-home care, the court shall inquire of the parent or

663

parents whether the parents have relatives who might be

664

considered as a placement for the child. The court shall advise

665

the parents that, if the parents fail to substantially comply

666

with the case plan, their parental rights may be terminated and

667

that the child's out-of-home placement may become permanent. The

668

parent or parents shall provide to the court and all parties

669

identification and location information of the relatives.

670

     Section 13.  Paragraphs (a) and (f) of subsection (1) and

671

paragraph (c) of subsection (3) of section 39.521, Florida

672

Statutes, are amended to read:

673

     39.521  Disposition hearings; powers of disposition.--

674

     (1)  A disposition hearing shall be conducted by the court,

675

if the court finds that the facts alleged in the petition for

676

dependency were proven in the adjudicatory hearing, or if the

677

parents or legal custodians have consented to the finding of

678

dependency or admitted the allegations in the petition, have

679

failed to appear for the arraignment hearing after proper notice,

680

or have not been located despite a diligent search having been

681

conducted.

682

     (a)  A written case plan and a predisposition study prepared

683

by an authorized agent of the department must be filed with the

684

court, and served upon the parents of the child, provided to the

685

representative of the guardian ad litem program, if the program

686

has been appointed, and provided to all other parties, not less

687

than 72 hours before the disposition hearing. All such case plans

688

must be approved by the court. If the court does not approve the

689

case plan at the disposition hearing, the court must set a

690

hearing within 30 days after the disposition hearing to review

691

and approve the case plan. The court may grant an exception to

692

the requirement for a predisposition study by separate order or

693

within the judge's order of disposition upon finding that all the

694

family and child information required by subsection (2) is

695

available in other documents filed with the court.

696

     (f)  If the court places the child in an out-of-home

697

placement, the disposition order must include a written

698

determination that the child cannot safely remain at home with

699

reunification or family preservation services and that removal of

700

the child is necessary to protect the child. If the child is has

701

been removed before the disposition hearing, the order must also

702

include a written determination as to whether, after removal, the

703

department has made a reasonable effort to reunify the parent and

704

child, if reasonable efforts are required. Reasonable efforts to

705

reunify are not required if the court finds has found that any of

706

the acts listed in s. 39.806(1)(f)-(l) s. 39.806(1)(f)-(i) have

707

occurred. The department has the burden of demonstrating that it

708

has made reasonable efforts under this paragraph.

709

     1.  For the purposes of this paragraph, the term "reasonable

710

effort" means the exercise of reasonable diligence and care by

711

the department to provide the services ordered by the court or

712

delineated in the case plan.

713

     2.  In support of its determination as to whether reasonable

714

efforts have been made, the court shall:

715

     a. Enter written findings as to whether or not prevention

716

or reunification efforts were indicated.

717

     b.  If prevention or reunification efforts were indicated,

718

include a brief written description of what appropriate and

719

available prevention and reunification efforts were made.

720

     c.  Indicate in writing why further efforts could or could

721

not have prevented or shortened the separation of the parent and

722

child.

723

     3. A court may find that the department has made a

724

reasonable effort to prevent or eliminate the need for removal

725

if:

726

     a.  The first contact of the department with the family

727

occurs during an emergency;

728

     b.  The appraisal by the department of the home situation

729

indicates that it presents a substantial and immediate danger to

730

the child's safety or physical, mental, or emotional health which

731

cannot be mitigated by the provision of preventive services;

732

     c. The child cannot safely remain at home, either because

733

there are no preventive services that can ensure the health and

734

safety of the child or, even with appropriate and available

735

services being provided, the health and safety of the child

736

cannot be ensured; or

737

     d.  The parent is alleged to have committed any of the acts

738

listed as grounds for expedited termination of parental rights

739

under s. 39.806(1)(f)-(l) in s. 39.806(1)(f)-(i).

740

     4.  A reasonable effort by the department for reunification

741

of the parent and child has been made if the appraisal of the

742

home situation by the department indicates that the severity of

743

the conditions of dependency is such that reunification efforts

744

are inappropriate. The department has the burden of demonstrating

745

to the court that reunification efforts were inappropriate.

746

     5.  If the court finds that the prevention or reunification

747

effort of the department would not have permitted the child to

748

remain safely at home, the court may commit the child to the

749

temporary legal custody of the department or take any other

750

action authorized by this chapter.

751

     (3)  When any child is adjudicated by a court to be

752

dependent, the court shall determine the appropriate placement

753

for the child as follows:

754

     (c)  If no fit parent is willing or available to assume care

755

and custody of the child, place the child in the temporary legal

756

custody of an adult relative, the adoptive parent of the child's

757

sibling, or another other adult approved by the court who is

758

willing to care for the child, under the protective supervision

759

of the department. The department must supervise this placement

760

until the child reaches permanency status in this home, and in no

761

case for a period of less than 6 months. Permanency in a relative

762

placement shall be by adoption, long-term custody, or

763

guardianship.

764

765

Protective supervision continues until the court terminates it or

766

until the child reaches the age of 18, whichever date is first.

767

Protective supervision shall be terminated by the court whenever

768

the court determines that permanency has been achieved for the

769

child, whether with a parent, another relative, or a legal

770

custodian, and that protective supervision is no longer needed.

771

The termination of supervision may be with or without retaining

772

jurisdiction, at the court's discretion, and shall in either case

773

be considered a permanency option for the child. The order

774

terminating supervision by the department shall set forth the

775

powers of the custodian of the child and shall include the powers

776

ordinarily granted to a guardian of the person of a minor unless

777

otherwise specified. Upon the court's termination of supervision

778

by the department, no further judicial reviews are required, so

779

long as permanency has been established for the child.

780

     Section 14.  Subsection (5) of section 39.701, Florida

781

Statutes, is amended to read:

782

     39.701  Judicial review.--

783

     (5)  Notice of a judicial review hearing or a citizen review

784

panel hearing, and a copy of the motion for judicial review, if

785

any, must be served by the clerk of the court upon all of the

786

following persons, if available to be served, regardless of

787

whether the person was present at the previous hearing at which

788

the date, time, and location of the hearing was announced:

789

     (a)  The social service agency charged with the supervision

790

of care, custody, or guardianship of the child, if that agency is

791

not the movant.

792

     (b)  The foster parent or legal custodian in whose home the

793

child resides.

794

     (c)  The parents.

795

     (d)  The guardian ad litem for the child, or the

796

representative of the guardian ad litem program if the program

797

has been appointed.

798

     (e) The attorney for the child.

799

     (f) The child, if the child is 13 years of age or older.

800

     (g)(e) Any preadoptive parent.

801

     (h)(f) Such other persons as the court may in its

802

discretion direct.

803

804

Service of notice is not required on any of the persons listed in

805

paragraphs (a)-(f) if the person was present at the previous

806

hearing during which the date, time, and location of the hearing

807

was announced.

808

     Section 15.  Subsection (1) of section 39.8055, Florida

809

Statutes, is amended to read:

810

     39.8055  Requirement to file a petition to terminate

811

parental rights; exceptions.--

812

     (1)  The department shall file a petition to terminate

813

parental rights within 60 days after any of the following if:

814

     (a)  At the time of the 12-month judicial review hearing, a

815

child is not returned to the physical custody of the parents;

816

     (b)  A petition for termination of parental rights has not

817

otherwise been filed, and the child has been in out-of-home care

818

under the responsibility of the state for 12 15 of the most

819

recent 22 months, calculated on a cumulative basis, but not

820

including any trial home visits or time during which the child

821

was a runaway;

822

     (c) A parent has been convicted of the murder of the other

823

parent, manslaughter of the other parent, aiding or abetting the

824

murder, or conspiracy or solicitation to murder the other parent

825

or another child of the parent, or a felony battery that resulted

826

in serious bodily injury to the child or to another any other

827

child of the parent; or

828

     (d)  A court determines that reasonable efforts to reunify

829

the child and parent are not required.

830

     Section 16.  Paragraphs (e) through (h) of subsection (1) of

831

section 39.806, Florida Statutes, are amended, paragraphs (j),

832

(k), and (l) are added to that subsection, and subsections (2),

833

(3), and (4) of that section are amended, to read:

834

     39.806  Grounds for termination of parental rights.--

835

     (1)  Grounds for the termination of parental rights may be

836

established under any of the following circumstances:

837

     (e)  When a child has been adjudicated dependent, a case

838

plan has been filed with the court, and:

839

     1.  The child continues to be abused, neglected, or

840

abandoned by the parent or parents. In this case, The failure of

841

the parent or parents to substantially comply with the case plan

842

for a period of 9 12 months after an adjudication of the child as

843

a dependent child or the child's placement into shelter care,

844

whichever occurs came first, constitutes evidence of continuing

845

abuse, neglect, or abandonment unless the failure to

846

substantially comply with the case plan was due either to the

847

parent's lack of financial resources of the parents or to the

848

failure of the department to make reasonable efforts to reunify

849

the parent and child. The 9-month 12-month period begins to run

850

only after the child's placement into shelter care or the entry

851

of a disposition order placing the custody of the child with the

852

department or a person other than the parent and the court's

853

approval by the court of a case plan having the with a goal of

854

reunification with the parent, whichever occurs came first; or

855

     2. The parent or parents have has materially breached the

856

case plan by making it unlikely that he or she will be able to

857

substantially comply with the case plan before the time for

858

compliance expires. Time is of the essence for permanency of

859

children in the dependency system. In order to prove the parent

860

or parents have has materially breached the case plan, the court

861

must find by clear and convincing evidence that the parent or

862

parents are is unlikely or unable to substantially comply with

863

the case plan before time expires to comply with the case plan

864

expires.

865

     (f) When The parent or parents engaged in egregious conduct

866

or had the opportunity and capability to prevent and knowingly

867

failed to prevent egregious conduct that threatens the life,

868

safety, or physical, mental, or emotional health of the child or

869

the child's sibling.

870

     1.  As used in this subsection, the term "sibling" means

871

another child who resides with or is cared for by the parent or

872

parents regardless of whether the child is related legally or by

873

consanguinity.

874

     2.  As used in this subsection, the term "egregious conduct"

875

means abuse, abandonment, neglect, or any other conduct of the

876

parent or parents that is deplorable, flagrant, or outrageous by

877

a normal standard of conduct. Egregious conduct may include an

878

act or omission that occurred only once but was of such

879

intensity, magnitude, or severity as to endanger the life of the

880

child.

881

     (g) When The parent or parents have subjected the child or

882

another child to aggravated child abuse as defined in s. 827.03,

883

sexual battery or sexual abuse as defined in s. 39.01, or chronic

884

abuse.

885

     (h) When The parent or parents have committed the murder,

886

manslaughter, aiding or abetting the murder, or conspiracy or

887

solicitation to murder the other parent or another child, or a

888

felony battery that resulted in serious bodily injury to the

889

child or to another child committed murder or voluntary

890

manslaughter of another child, or a felony assault that results

891

in serious bodily injury to the child or another child, or aided

892

or abetted, attempted, conspired, or solicited to commit such a

893

murder or voluntary manslaughter or felony assault.

894

     (i) When The parental rights of the parent to a sibling of

895

the child have been terminated involuntarily.

896

     (j) The parent or parents have a history of extensive,

897

abusive, and chronic use of alcohol or a controlled substance

898

which renders them incapable of caring for the child, and have

899

refused or failed to complete available treatment for such use

900

during the 3-year period immediately preceding the filing of the

901

petition for termination of parental rights.

902

     (k) A test administered at birth that indicated that the

903

child's blood, urine, or meconium contained any amount of alcohol

904

or a controlled substance or metabolites of such substances, the

905

presence of which was not the result of medical treatment

906

administered to the mother or the newborn infant, and the

907

biological mother of the child is the biological mother of at

908

least one other child who was adjudicated dependent after a

909

finding of harm to the child's health or welfare due to exposure

910

to a controlled substance or alcohol as defined in s.

911

39.01(31)(g), after which the biological mother had the

912

opportunity to participate in substance abuse treatment.

913

     (l) On three or more occasions the child or another child

914

of the parent or parents has been placed in out-of-home care

915

pursuant to this chapter, and the conditions that led to the

916

child's out-of-home placement were caused by the parent or

917

parents.

918

     (2)  Reasonable efforts to preserve and reunify families are

919

not required if a court of competent jurisdiction has determined

920

that any of the events described in paragraphs (1)(e)-(l) (1)(e)-

921

(i) have occurred.

922

     (3) If When a petition for termination of parental rights

923

is filed under subsection (1), a separate petition for dependency

924

need not be filed and the department need not offer the parents a

925

case plan having with a goal of reunification, but may instead

926

file with the court a case plan having with a goal of termination

927

of parental rights to allow continuation of services until the

928

termination is granted or until further orders of the court are

929

issued.

930

     (4) If When an expedited termination of parental rights

931

petition is filed, reasonable efforts shall be made to place the

932

child in a timely manner in accordance with the permanency plan,

933

and to complete whatever steps are necessary to finalize the

934

permanent placement of the child.

935

     Section 17.  Subsection (4) of section 322.142, Florida

936

Statutes, is amended to read:

937

     322.142  Color photographic or digital imaged licenses.--

938

     (4)  The department may maintain a film negative or print

939

file. The department shall maintain a record of the digital image

940

and signature of the licensees, together with other data required

941

by the department for identification and retrieval. Reproductions

942

from the file or digital record are exempt from the provisions of

943

s. 119.07(1) and shall be made and issued only for departmental

944

administrative purposes; for the issuance of duplicate licenses;

945

in response to law enforcement agency requests; to the Department

946

of State pursuant to an interagency agreement to facilitate

947

determinations of eligibility of voter registration applicants

948

and registered voters in accordance with ss. 98.045 and 98.075;

949

to the Department of Revenue pursuant to an interagency agreement

950

for use in establishing paternity and establishing, modifying, or

951

enforcing support obligations in Title IV-D cases; to the

952

Department of Children and Family Services pursuant to an

953

interagency agreement to conduct protective investigations under

954

part III of chapter 39; or to the Department of Financial

955

Services pursuant to an interagency agreement to facilitate the

956

location of owners of unclaimed property, the validation of

957

unclaimed property claims, and the identification of fraudulent

958

or false claims, and are exempt from the provisions of s.

959

119.07(1).

960

     Section 18.  Section 402.401, Florida Statutes, is amended

961

to read:

962

     402.401  Florida Child Welfare Student Loan Forgiveness

963

Program.--

964

     (1) There is created the Florida Child Welfare Student Loan

965

Forgiveness Program to be administered by the Department of

966

Children and Family Services Education. The program shall provide

967

loan reimbursement assistance to eligible employees in child

968

welfare positions that are critical to the department's mission,

969

as determined by the department, and that are within the

970

department, sheriff's offices, or contracted community-based care

971

agencies students for upper-division undergraduate and graduate

972

study. The primary purpose of the program is to attract capable

973

and promising students to the child welfare profession, increase

974

employment and retention of individuals who are working towards

975

or who have received either a bachelor's degree or a master's

976

degree in social work, or any human services subject area that

977

qualifies the individual for employment as a family services

978

worker, and provide opportunities for persons making midcareer

979

decisions to enter the child welfare profession. The State Board

980

of Education shall adopt rules necessary to administer the

981

program.

982

     (2)(a) To be eligible for a program loan, the employee's

983

outstanding student loans may not be in a default status. a

984

candidate shall:

985

     1. Be a full-time student at the upper-division

986

undergraduate or graduate level in a social work program approved

987

by the Council on Social Work Education leading to either a

988

bachelor's degree or a master's degree in social work or an

989

accredited human services degree program.

990

     2. Have declared an intent to work in child welfare for at

991

least the number of years for which a forgivable loan is received

992

at the Department of Children and Family Services or its

993

successor, or with an eligible lead community-based provider as

994

defined in s. 409.1671.

995

     3. If applying for an undergraduate forgivable loan, have

996

maintained a minimum cumulative grade point average of at least a

997

2.5 on a 4.0 scale for all undergraduate work. Renewal applicants

998

for undergraduate loans shall have maintained a minimum

999

cumulative grade point average of at least a 2.5 on a 4.0 scale

1000

for all undergraduate work and have earned at least 12 semester

1001

credits per term, or the equivalent.

1002

     4. If applying for a graduate forgivable loan, have

1003

maintained an undergraduate cumulative grade point average of at

1004

least a 3.0 on a 4.0 scale or have attained a Graduate Record

1005

Examination score of at least 1,000. Renewal applicants for

1006

graduate loans shall have maintained a minimum cumulative grade

1007

point average of at least a 3.0 on a 4.0 scale for all graduate

1008

work and have earned at least 9 semester credits per term, or the

1009

equivalent.

1010

     (b) An undergraduate forgivable loan may be awarded for 2

1011

undergraduate years, not to exceed $4,000 per year.

1012

     (c) A graduate forgivable loan may be awarded for 2

1013

graduate years, not to exceed $8,000 per year. In addition to

1014

meeting criteria specified in paragraph (a), a loan recipient at

1015

the graduate level shall:

1016

     1. Hold a bachelor's degree from a school or department of

1017

social work at any college or university accredited by the

1018

Council on Social Work Education, or hold a degree in a human

1019

services field from an accredited college or university.

1020

     2. Not have received an undergraduate forgivable loan as

1021

provided for in paragraph (b).

1022

     (d) The State Board of Education shall adopt by rule

1023

repayment schedules and applicable interest rates under ss.

1024

1009.82 and 1009.95. A forgivable loan must be repaid within 10

1025

years after completion of a program of studies.

1026

     1. Credit for repayment of an undergraduate or graduate

1027

forgivable loan shall be in an amount not to exceed $4,000 in

1028

loan principal plus applicable accrued interest for each full

1029

year of eligible service in the child welfare profession.

1030

     2. Any forgivable loan recipient who fails to work at the

1031

Department of Children and Family Services or its successor, or

1032

with an eligible lead community-based provider as defined in s.

1033

409.1671, is responsible for repaying the loan plus accrued

1034

interest at 8 percent annually.

1035

     3. Forgivable loan recipients may receive loan repayment

1036

credit for child welfare service rendered at any time during the

1037

scheduled repayment period. However, such repayment credit shall

1038

be applicable only to the current principal and accrued interest

1039

balance that remains at the time the repayment credit is earned.

1040

No loan recipient shall be reimbursed for previous cash payments

1041

of principal and interest.

1042

     (3) This section shall be implemented only as specifically

1043

funded.

1044

     Section 19.  Paragraphs (h) and (j) of subsection (1) of

1045

section 409.1671, Florida Statutes, are amended to read:

1046

     409.1671  Foster care and related services; outsourcing.--

1047

     (1)

1048

     (h)  Other than an entity to which s. 768.28 applies, any

1049

eligible lead community-based provider, as defined in paragraph

1050

(e), or its employees or officers, except as otherwise provided

1051

in paragraph (i), must, as a part of its contract, obtain a

1052

minimum of $1 million per claim/$3 million per incident in

1053

general liability insurance coverage. The eligible lead

1054

community-based provider must also require that staff who

1055

transport client children and families in their personal

1056

automobiles in order to carry out their job responsibilities

1057

obtain minimum bodily injury liability insurance in the amount of

1058

$100,000 per claim, $300,000 per incident, on their personal

1059

automobiles. In lieu of personal motor vehicle insurance, the

1060

lead community-based provider's casualty, liability, or motor

1061

vehicle insurance carrier may provide nonowned automobile

1062

liability coverage. This insurance provides liability insurance

1063

for automobiles that the provider uses in connection with the

1064

provider's business but does not own, lease, rent, or borrow.

1065

This coverage includes automobiles owned by the employees of the

1066

provider or a member of the employee's household but only while

1067

the automobiles are used in connection with the provider's

1068

business. The nonowned automobile coverage for the provider

1069

applies as excess coverage over any other collectible insurance.

1070

The personal automobile policy for the employee of the provider

1071

shall be primary insurance and the nonowned automobile coverage

1072

of the provider acts as excess insurance to the primary

1073

insurance. The provider shall provide a minimum limit of $1

1074

million in nonowned automobile coverage. In any tort action

1075

brought against such an eligible lead community-based provider or

1076

employee, net economic damages shall be limited to $1 million per

1077

liability claim and $100,000 per automobile claim, including, but

1078

not limited to, past and future medical expenses, wage loss, and

1079

loss of earning capacity, offset by any collateral source payment

1080

paid or payable. In any tort action brought against such an

1081

eligible lead community-based provider, noneconomic damages shall

1082

be limited to $200,000 per claim. A claims bill may be brought on

1083

behalf of a claimant pursuant to s. 768.28 for any amount

1084

exceeding the limits specified in this paragraph. Any offset of

1085

collateral source payments made as of the date of the settlement

1086

or judgment shall be in accordance with s. 768.76. The lead

1087

community-based provider shall not be liable in tort for the acts

1088

or omissions of its subcontractors or the officers, agents, or

1089

employees of its subcontractors.

1090

     (j)  Any subcontractor of an eligible lead community-based

1091

provider, as defined in paragraph (e), which is a direct provider

1092

of foster care and related services to children and families, and

1093

its employees or officers, except as otherwise provided in

1094

paragraph (i), must, as a part of its contract, obtain a minimum

1095

of $1 million per claim/$3 million per incident in general

1096

liability insurance coverage. The subcontractor of an eligible

1097

lead community-based provider must also require that staff who

1098

transport client children and families in their personal

1099

automobiles in order to carry out their job responsibilities

1100

obtain minimum bodily injury liability insurance in the amount of

1101

$100,000 per claim, $300,000 per incident, on their personal

1102

automobiles. In lieu of personal motor vehicle insurance, the

1103

subcontractor's casualty, liability, or motor vehicle insurance

1104

carrier may provide nonowned automobile liability coverage. This

1105

insurance provides liability insurance for automobiles that the

1106

subcontractor uses in connection with the subcontractor's

1107

business but does not own, lease, rent, or borrow. This coverage

1108

includes automobiles owned by the employees of the subcontractor

1109

or a member of the employee's household but only while the

1110

automobiles are used in connection with the subcontractor's

1111

business. The nonowned automobile coverage for the subcontractor

1112

applies as excess coverage over any other collectible insurance.

1113

The personal automobile policy for the employee of the

1114

subcontractor shall be primary insurance and the nonowned

1115

automobile coverage of the subcontractor acts as excess insurance

1116

to the primary insurance. The subcontractor shall provide a

1117

minimum limit of $1 million in nonowned automobile coverage. In

1118

any tort action brought against such subcontractor or employee,

1119

net economic damages shall be limited to $1 million per liability

1120

claim and $100,000 per automobile claim, including, but not

1121

limited to, past and future medical expenses, wage loss, and loss

1122

of earning capacity, offset by any collateral source payment paid

1123

or payable. In any tort action brought against such

1124

subcontractor, noneconomic damages shall be limited to $200,000

1125

per claim. A claims bill may be brought on behalf of a claimant

1126

pursuant to s. 768.28 for any amount exceeding the limits

1127

specified in this paragraph. Any offset of collateral source

1128

payments made as of the date of the settlement or judgment shall

1129

be in accordance with s. 768.76.

1130

     Section 20.  Paragraph (a) of subsection (4) of section

1131

409.175, Florida Statutes, is amended to read:

1132

     409.175  Licensure of family foster homes, residential

1133

child-caring agencies, and child-placing agencies; public records

1134

exemption.--

1135

     (4)(a)  A person, family foster home, or residential child-

1136

caring agency may shall not provide receive a child for

1137

continuing full-time child care or custody unless such person,

1138

home, or agency has first procured a license from the department

1139

to provide such care. This requirement does not apply to a person

1140

who is a relative of the child by blood, marriage, or adoption,

1141

or to a permanent legal guardian established under s. 39.6221, a

1142

person who has received the child from the department, a licensed

1143

child-placing agency, or an intermediary for the purposes of

1144

adoption pursuant to chapter 63.

1145

     Section 21.  Subsection (3) of section 787.04, Florida

1146

Statutes, is amended to read:

1147

     787.04  Removing minors from state or concealing minors

1148

contrary to state agency order or court order.--

1149

     (3) It is unlawful for any person, with criminal intent, to

1150

knowingly and willfully lead, take, entice, or remove a minor

1151

beyond the limits of this state, or to knowingly and willfully

1152

conceal the location of a minor, during the pendency of a

1153

dependency proceeding affecting such minor or during the pendency

1154

of any investigation, action, or proceeding concerning the

1155

alleged abuse or neglect of such minor, after having received

1156

actual or constructive notice of the pendency of such

1157

investigation, action, or proceeding and without the permission

1158

of the state agency or court in which the investigation, action,

1159

or proceeding is pending.

1160

     Section 22.  Subsection (1) of section 937.021, Florida

1161

Statutes, is amended to read:

1162

     937.021  Missing child reports.--

1163

     (1)  Upon the filing of a police report that a child is

1164

missing by the parent or guardian, the Department of Children and

1165

Family Services, a community-based care provider, or a sheriff's

1166

office providing investigative services for the department, the

1167

law enforcement agency receiving the report shall immediately

1168

inform all on-duty law enforcement officers of the existence of

1169

the missing child report, communicate the report to every other

1170

law enforcement agency having jurisdiction in the county, and

1171

transmit the report for inclusion within the Florida Crime

1172

Information Center computer. A law enforcement agency may not

1173

require a reporter to present an order that a child be taken into

1174

custody or any other such order before accepting a report that a

1175

child is missing.

1176

     Section 23.  Effective upon this act becoming a law and

1177

operating retroactively to June 29, 2008, subsection (3) of

1178

section 1 of chapter 2007-174, Laws of Florida, is amended to

1179

read:

1180

     (3) This section expires June 30, 2009 2008.

1181

     Section 24.  Paragraph (b) of subsection (3) of section

1182

39.0015, Florida Statutes, is amended to read:

1183

     39.0015  Child abuse prevention training in the district

1184

school system.--

1185

     (3)  DEFINITIONS.--As used in this section:

1186

     (b) "Child abuse" means abandonment, abuse, harm, mental

1187

injury, neglect, physical injury, or sexual abuse of a child as

1188

those terms are defined in s. 39.01 those acts as defined in ss.

1189

39.01(1), (2), (31), (41), (43), (55), and (66), 827.04, and

1190

984.03 984.03(1), (2), and (37).

1191

     Section 25.  Subsection (5) of section 39.205, Florida

1192

Statutes, is amended to read:

1193

     39.205  Penalties relating to reporting of child abuse,

1194

abandonment, or neglect.--

1195

     (5)  If the department or its authorized agent has

1196

determined after its investigation that a report is false, the

1197

department shall, with the consent of the alleged perpetrator,

1198

refer the report to the local law enforcement agency having

1199

jurisdiction for an investigation to determine whether sufficient

1200

evidence exists to refer the case for prosecution for filing a

1201

false report as defined in s. 39.01 s. 39.01(28). During the

1202

pendency of the investigation by the local law enforcement

1203

agency, the department must notify the local law enforcement

1204

agency of, and the local law enforcement agency must respond to,

1205

all subsequent reports concerning children in that same family in

1206

accordance with s. 39.301. If the law enforcement agency believes

1207

that there are indicators of abuse, abandonment, or neglect, it

1208

must immediately notify the department, which must ensure assure

1209

the safety of the children. If the law enforcement agency finds

1210

sufficient evidence for prosecution for filing a false report, it

1211

must refer the case to the appropriate state attorney for

1212

prosecution.

1213

     Section 26.  Subsection (1) of section 39.302, Florida

1214

Statutes, is amended to read:

1215

     39.302  Protective investigations of institutional child

1216

abuse, abandonment, or neglect.--

1217

     (1)  The department shall conduct a child protective

1218

investigation of each report of institutional child abuse,

1219

abandonment, or neglect. Upon receipt of a report that alleges

1220

that an employee or agent of the department, or any other entity

1221

or person covered by s. 39.01(33) or (47) s. 39.01(32) or (46),

1222

acting in an official capacity, has committed an act of child

1223

abuse, abandonment, or neglect, the department shall initiate a

1224

child protective investigation within the timeframe established

1225

by the central abuse hotline under s. 39.201(5) and orally notify

1226

the appropriate state attorney, law enforcement agency, and

1227

licensing agency, which. These agencies shall immediately conduct

1228

a joint investigation, unless independent investigations are more

1229

feasible. When conducting investigations onsite or having face-

1230

to-face interviews with the child, such investigation visits

1231

shall be unannounced unless it is determined by the department or

1232

its agent that the unannounced visits would threaten the safety

1233

of the child. If When a facility is exempt from licensing, the

1234

department shall inform the owner or operator of the facility of

1235

the report. Each agency conducting a joint investigation is

1236

entitled to full access to the information gathered by the

1237

department in the course of the investigation. A protective

1238

investigation must include an onsite visit of the child's place

1239

of residence. In all cases, The department shall make a full

1240

written report to the state attorney within 3 working days after

1241

making the oral report. A criminal investigation shall be

1242

coordinated, whenever possible, with the child protective

1243

investigation of the department. Any interested person who has

1244

information regarding the offenses described in this subsection

1245

may forward a statement to the state attorney as to whether

1246

prosecution is warranted and appropriate. Within 15 days after

1247

the completion of the investigation, the state attorney shall

1248

report the findings to the department and shall include in the

1249

report a determination of whether or not prosecution is justified

1250

and appropriate in view of the circumstances of the specific

1251

case.

1252

     Section 27.  Paragraphs (b) and (c) of subsection (2) of

1253

section 39.6011, Florida Statutes, are amended to read:

1254

     39.6011  Case plan development.--

1255

     (2)  The case plan must be written simply and clearly in

1256

English and, if English is not the principal language of the

1257

child's parent, to the extent possible in the parent's principal

1258

language. Each case plan must contain:

1259

     (b) The permanency goal as defined in s. 39.01(51).

1260

     (c)  If concurrent planning is being used, a description of

1261

the permanency goal of reunification with the parent or legal

1262

custodian in addition to a description of one of the remaining

1263

permanency goals described in s. 39.01 s. 39.01(51).

1264

     Section 28.  Paragraph (e) of subsection (6) of section

1265

39.811, Florida Statutes, is amended to read:

1266

     39.811  Powers of disposition; order of disposition.--

1267

     (6)  The parental rights of one parent may be severed

1268

without severing the parental rights of the other parent only

1269

under the following circumstances:

1270

     (e)  If the parent whose rights are being terminated meets

1271

any of the criteria specified in s. 39.806(1)(d) and (f)-(l) (f)-

1272

(i).

1273

     Section 29.  Paragraph (a) of subsection (1) of section

1274

39.828, Florida Statutes, is amended to read:

1275

     39.828  Grounds for appointment of a guardian advocate.--

1276

     (1)  The court shall appoint the person named in the

1277

petition as a guardian advocate with all the powers and duties

1278

specified in s. 39.829 for an initial term of 1 year upon a

1279

finding that:

1280

     (a)  The child named in the petition is or was a drug

1281

dependent newborn as described in s. 39.01(32)(g) s.

1282

39.01(31)(g);

1283

     Section 30.  Paragraph (d) of subsection (1) of section

1284

419.001, Florida Statutes, is amended to read:

1285

     419.001  Site selection of community residential homes.--

1286

     (1)  For the purposes of this section, the following

1287

definitions shall apply:

1288

     (d)  "Resident" means any of the following: a frail elder as

1289

defined in s. 429.65; a physically disabled or handicapped person

1290

as defined in s. 760.22(7)(a); a developmentally disabled person

1291

as defined in s. 393.063; a nondangerous mentally ill person as

1292

defined in s. 394.455(18); or a child who is found to be

1293

dependent as defined in s. 39.01 or s.984.03, or a child in need

1294

of services as defined in s. 984.03 s. 39.01(14), s. 984.03(9) or

1295

(12), or s. 985.03.

1296

     Section 31.  Except as otherwise expressly provided in this

1297

act and except for this section, which shall take effect upon

1298

becoming a law, this act shall take effect July 1, 2008.

1299

1300

================ T I T L E  A M E N D M E N T ================

1301

And the title is amended as follows:

1302

     Delete everything before the enacting clause

1303

and insert:

1304

A bill to be entitled

1305

An act relating to child protection; amending s. 39.01,

1306

F.S.; redefining the terms "abandoned" and "harm";

1307

defining the term "child who has exhibited inappropriate

1308

sexual behavior"; amending s. 39.0121, F.S.; authorizing

1309

the Department of Children and Family Services to adopt

1310

rules providing for locating and recovering missing

1311

children who are involved with the department; providing

1312

requirements for reports; amending s. 39.0138, F.S.;

1313

requiring a criminal history check of persons being

1314

considered for placement of a child to include a search of

1315

the department's automated abuse information system;

1316

authorizing the department to adopt rules establishing

1317

standards for evaluating such information; creating s.

1318

39.0141, F.S.; requiring the department, the community-

1319

based care provider, or sheriff's office to file a report

1320

following a determination that a child involved with the

1321

department is missing; amending s. 39.201, F.S.; revising

1322

provisions relating to reporting child abuse, abandonment,

1323

or neglect to the central abuse hotline to allow for

1324

reports by fax or web-based report; amending s. 39.301,

1325

F.S.; conforming provisions to changes made by the act;

1326

providing certain exceptions to the requirements that a

1327

child protective investigation be closed within 60 days;

1328

amending s. 39.307, F.S.; revising provision relating to

1329

the provision of services to a child in cases of child-on-

1330

child sexual abuse to include a child who has exhibited

1331

inappropriate sexual behavior; amending s. 39.401, F.S.;

1332

requiring a law enforcement officer who takes a child into

1333

custody to release such child to an adoptive parent of the

1334

child's sibling; authorizing the department to release a

1335

child awaiting a shelter hearing to an adoptive parent of

1336

the child's sibling; requiring judicial approval for the

1337

placement of a child with a nonrelative; amending s.

1338

39.502, F.S.; providing for notice to foster or

1339

preadoptive parents of any hearings involving the child in

1340

their care; amending s. 39.503, F.S.; revising the minimum

1341

inquiries a petitioner for dependency or shelter must make

1342

in trying to locate an identified parent or prospective

1343

parent; amending s. 39.504, F.S.; revising procedures

1344

related to injunctions issued to protect a child;

1345

requiring that such injunctions remain in effect until

1346

modified or dissolved by the court; amending s. 39.507,

1347

F.S.; limiting a court to one order adjudicating

1348

dependency; providing for supplemental findings; amending

1349

s. 39.521, F.S.; providing an exception from the

1350

requirement for a predisposition study in dependency

1351

proceedings; conforming cross-references; authorizing the

1352

court to place a dependent child with the adoptive parent

1353

of the child's sibling if no fit parent is willing or

1354

available to assume care and custody; amending s. 39.701,

1355

F.S.; requiring that notice of a judicial review of a

1356

child's status be served on certain persons regardless of

1357

whether they attended a prior hearing at which the hearing

1358

was announced; amending s. 39.8055, F.S.; revising

1359

provisions relating to filing a petition to terminate

1360

parental rights; expanding the grounds for terminating

1361

parental rights to include conviction for the murder,

1362

manslaughter, or conspiracy to murder another child of the

1363

parent; amending s. 39.806, F.S.; adding additional

1364

grounds for terminating parental rights; amending s.

1365

322.142, F.S.; authorizing the Department of Children and

1366

Family Services to be provided copies of driver's license

1367

files maintained by the Department of Highway Safety and

1368

Motor Vehicles for the purpose of conducting protective

1369

investigations; amending s. 402.401, F.S., relating to the

1370

Florida Child Welfare Student Loan Forgiveness Program;

1371

transferring administration of the program to the

1372

Department of Children and Family Services; amending s.

1373

409.1671, F.S.; providing that a community-based provider

1374

or a subcontractor of a community-based provider may

1375

provide nonowned automobile liability coverage in lieu of

1376

providing personal motor vehicle insurance; providing

1377

terms, conditions, and applicability for nonowned

1378

automobile insurance coverage; requiring a community-based

1379

provider or a subcontractor of a community-based provider

1380

to provide a minimum limit for nonowned automobile

1381

insurance coverage; amending s. 409.175, F.S.; revising

1382

requirements for licensure as a foster home or child-

1383

caring agency; deleting the exemption from licensure for

1384

persons who receive a child from the department;

1385

clarifying that a permanent guardian is exempt from

1386

licensure; amending s. 787.04, F.S.; prohibiting a person

1387

from knowingly and willfully taking or removing a minor

1388

from the state or concealing the location of a minor

1389

during the pendency of a dependency proceeding or any

1390

other action concerning alleged abuse or neglect of the

1391

minor; amending s. 937.021, F.S.; requiring that a report

1392

of a missing child made by the department, a community-

1393

based care provider, or a sheriff's office be treated as a

1394

missing child report filed by a parent or guardian;

1395

prohibiting a law enforcement agency from requiring an

1396

order that a child be taken into custody or any other such

1397

order before accepting a missing child report for

1398

investigation; amending chapter 2007-174, Laws of Florida;

1399

extending the date for the repeal of provisions

1400

authorizing the reorganization of the Department of

1401

Children and Family Services; providing for retroactive

1402

application; amending ss. 39.0015, 39.205, 39.302,

1403

39.6011, 39.811, 39.828, and 419.001, F.S.; conforming

1404

cross-references; providing effective dates.

4/23/2008  9:56:00 PM     10-08571-08seg1