Florida Senate - 2008 CS for SB 786
By the Committee on Children, Families, and Elder Affairs; and Senator Crist
586-07602-08 2008786c1
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A bill to be entitled
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An act relating to homelessness; amending s. 420.507,
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F.S.; conforming a cross-reference; amending s. 420.621,
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F.S.; revising, providing, and deleting definitions;
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amending s. 420.622, F.S.; increasing and revising
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membership on the Council on Homelessness; removing a
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member from an obsolete organization; correcting the name
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of a member organization on the council; revising the date
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of an annual report; creating s. 420.6275, F.S.; creating
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the Housing First program; providing legislative findings
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and intent; providing methodology; providing components of
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the program; creating s. 420.628, F.S.; providing
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legislative findings and intent relating to young adults
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leaving foster care; amending s. 1003.01, F.S.; revising a
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conforming terminology; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (22) of section
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420.507, Florida Statutes, is amended to read:
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420.507 Powers of the corporation.--The corporation shall
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have all the powers necessary or convenient to carry out and
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effectuate the purposes and provisions of this part, including
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the following powers which are in addition to all other powers
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granted by other provisions of this part:
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(22) To develop and administer the State Apartment
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Incentive Loan Program. In developing and administering that
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program, the corporation may:
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(a) Make first, second, and other subordinated mortgage
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loans including variable or fixed rate loans subject to
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contingent interest for all State Apartment Incentive Loans
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provided for in this chapter based upon available cash flow of
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the projects. The corporation shall make loans exceeding 25
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percent of project cost available only to nonprofit organizations
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and public bodies which are able to secure grants, donations of
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land, or contributions from other sources and to projects meeting
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the criteria of subparagraph 1. Mortgage loans shall be made
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available at the following rates of interest:
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1. Zero to 3 percent interest for sponsors of projects that
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set aside at least 80 percent of their total units for residents
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qualifying as farmworkers as defined in this part, or commercial
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fishing workers as defined in this part, or the homeless as
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2. Zero to 3 percent interest based on the pro rata share
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of units set aside for homeless residents if the total of such
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units is less than 80 percent of the units in the borrower's
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project.
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3. One to 9 percent interest for sponsors of projects
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targeted at populations other than farmworkers, commercial
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fishing workers, and the homeless.
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Section 2. Section 420.621, Florida Statutes, is amended to
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read:
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have the following meanings, unless the context otherwise
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requires:
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(1) "Children and youths experiencing homelessness," for
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programs authorized under the McKinney-Vento Education Assistance
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for Homeless Children and Youths, 42 U.S.C. ss. 11431 et seq.,
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means children and youths who lack a fixed, regular, and adequate
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nighttime residence, and includes:
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(a) Children and youths who are sharing the housing of
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other persons due to loss of housing, economic hardship, or a
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similar reason; are living in motels, hotels, travel trailer
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parks, or camping grounds due to the lack of alternative adequate
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accommodations; are living in emergency or transitional shelters;
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are abandoned in hospitals; or are awaiting foster care
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placement.
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(b) Children and youths who have a primary nighttime
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residence that is a public or private place not designed for, or
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ordinarily used as, a regular sleeping accommodation for human
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beings.
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(c) Children and youths who are living in cars, parks,
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public spaces, abandoned buildings, bus or train stations, or
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similar settings.
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(d) Migratory children who are living in circumstances
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described in paragraphs (a)-(c).
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(2) "Continuum of care" means a community plan to organize
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and deliver housing and services to meet the specific needs of
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people who are homeless as they move to stable housing and
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maximum self-sufficiency. It includes action steps to end
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homelessness and prevent a return to homelessness.
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(3) "Council on Homelessness" means the council created in
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s. 420.622.
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(1) "AFDC" means Aid to Families with Dependent Children as
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administered under chapter 409.
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(4)(2) "Department" means the Department of Children and
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Family Services.
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(5)(3) "District" means a service district of the
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department of Children and Family Services, as set forth in s.
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(6)(4) "Homeless," applied to an individual or "individual
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experiencing homelessness" means "Homeless" refers to an
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individual who lacks a fixed, regular, and adequate nighttime
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residence and includes or an individual who has a primary
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nighttime residence that is:
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(a) Is sharing the housing of other persons due to loss of
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housing, economic hardship, or a similar reason;
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(b) Is living in a motel, hotel, travel trailer park, or
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camping ground due to a lack of alternative adequate
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accommodations;
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(c) Is living in an emergency or transitional shelter; A
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supervised publicly or privately operated shelter designed to
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provide temporary living accommodations, including welfare
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hotels, congregate shelters, and transitional housing for the
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mentally ill;
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(b) An institution that provides a temporary residence for
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individuals intended to be institutionalized; or
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(d)(c) Has a primary nighttime residence that is a public
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or private place not designed for, or ordinarily used as, a
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regular sleeping accommodation for human beings;
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(e) Is living in a car, park, public space, abandoned
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building, bus or train station, or similar setting; or
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(f) Is a migratory individual who qualifies as homeless
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because he or she is living in circumstances described in
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paragraphs (a)-(e).
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The terms do term does not refer to an any individual imprisoned
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or otherwise detained pursuant to state or federal law or to
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individuals or families who are sharing housing due to cultural
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preferences, voluntary arrangements, and traditional networks of
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support. The terms include an individual who has been released
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from jail, prison, the juvenile justice system, the child welfare
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system, a mental health and developmental disability facility, a
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residential addiction treatment program, or a hospital, for whom
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no subsequent residence has been identified, and who lacks the
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resources and support network to obtain housing.
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(7)(5) "Local coalition for the homeless" means a coalition
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established pursuant to s. 420.623.
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(8)(6) "New and temporary homeless" means those individuals
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or families who are homeless due to societal external factors,
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such as unemployment or other loss of income, personal or family-
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life crises, or the shortage of low-income housing.
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(9)(7) "State Office on Homelessness" means the state
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office created in s. 420.622 "Secretary" means the secretary of
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the Department of Children and Family Services.
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Section 3. Subsections (2) and (9) of section 420.622,
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Florida Statutes, are amended to read:
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420.622 State Office on Homelessness; Council on
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Homelessness.--
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(2) The Council on Homelessness is created to consist of a
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17-member 15-member council of public and private agency
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representatives who shall develop policy and advise the State
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Office on Homelessness. The council members shall be: the
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Secretary of Children and Family Services, or his or her
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designee; the Secretary of Community Affairs, or his or her
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designee, to advise the council on issues related to rural
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development; the State Surgeon General, or his or her designee;
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the Executive Director of Veterans' Affairs, or his or her
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designee; the Secretary of Corrections, or his or her designee;
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the Secretary of Health Care Administration, or his or her
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designee; the Commissioner of Education, or his or her designee;
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the Director of Workforce Florida, Inc., or his or her designee;
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one representative of the Florida Association of Counties; one
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representative from the Florida League of Cities; one
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representative of the Florida Coalition for Supportive Housing
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Coalition; the Executive Director of the Florida Housing Finance
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Corporation, or his or her designee; one representative of the
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Florida Coalition for the Homeless; one representative of the
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Florida State Rural Development Council; and four members
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appointed by the Governor. The council members shall be
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volunteer, nonpaid persons and shall be reimbursed for travel
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expenses only. The appointed members of the council shall serve
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staggered 2-year terms, and the council shall meet at least four
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times per year. The importance of minority, gender, and
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geographic representation must be considered when appointing
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members to the council.
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(9) The council shall, by June 30 December 31 of each year,
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beginning in 2009, issue to the Governor, the President of the
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Senate, the Speaker of the House of Representatives, and the
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Secretary of Children and Family Services an evaluation of the
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executive director's performance in fulfilling the statutory
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duties of the office, a report summarizing the council's
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recommendations to the office and the corresponding actions taken
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by the office, and any recommendations to the Legislature for
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proposals to reduce homelessness in this state.
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Section 4. Section 420.6275, Florida Statutes, is created
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to read:
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420.6275 Housing First.--
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(1) LEGISLATIVE FINDINGS AND INTENT.--
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(a) The Legislature finds that many communities plan to
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manage homelessness rather than plan to end it.
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(b) The Legislature also finds that for most of the past
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two decades, public and private solutions to homelessness have
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focused on providing individuals and families who are
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experiencing homelessness with emergency shelter, transitional
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housing, or a combination of both. While emergency shelter
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programs may provide critical access to services for individuals
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and families in crisis, they often fail to address the long-term
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needs of those who are homeless.
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(c) The Legislature further finds that Housing First is an
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alternative approach to the current system of emergency shelter
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or transitional housing which tends to reduce the length of time
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of homelessness and has proven to be cost-effective.
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(d) It is therefore the intent of the Legislature to
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encourage local coalitions for the homeless, established pursuant
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to s. 420.623, to adopt the Housing First approach to ending
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homelessness for individuals and families.
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(2) HOUSING FIRST METHODOLOGY.--
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(a) The Housing First approach to homelessness differs from
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traditional approaches by providing housing assistance, case
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management, and support services responsive to individual or
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family needs after housing is obtained. By using this approach
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when appropriate, communities can significantly reduce the amount
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of time that individuals and families are homeless and prevent
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further episodes of homelessness. Housing First emphasizes that
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social services provided to enhance individual and family well-
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being can be more effective when people are in their own home,
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and:
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1. The housing is not time-limited.
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2. The housing is not contingent on compliance with
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services. Instead, participants must comply with a standard lease
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agreement and are provided with the services and support that are
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necessary to help them do so successfully.
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3. A background check and any rehabilitation necessary to
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combat an addiction related to alcoholism or substance abuse has
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been completed by the individual for whom assistance or support
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services have been provided.
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(b) The Housing First approach addresses the societal
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causes of homelessness and advocates for the immediate return of
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individuals and families back into housing and communities.
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Housing First provides a critical link between the emergency and
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transitional housing system and community-based social service,
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educational, and health care organizations and consists of four
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components:
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1. Crisis intervention and short-term stabilization.
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2. Screening, intake, and needs assessment.
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3. Provision of housing resources.
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4. Provision of case management.
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Section 5. Section 420.628, Florida Statutes, is created to
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read:
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420.628 Young adults leaving foster care; legislative
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findings.--
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(1) The Legislature finds that the transition from
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childhood to adulthood is filled with opportunity and risk. Most
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young people who receive adequate support make this transition
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successfully and become healthy adults who are prepared for work
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and are able to become responsible, fulfilled members of their
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families and communities.
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(2) The Legislature finds that there are also many young
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people who enter adulthood without the knowledge, skills,
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attitudes, habits, and relationships that enable them to be
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productive members of society. Those young people, who through no
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fault of their own, live in foster families, group homes, and
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institutions are among those at greatest risk.
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(3) The Legislature finds that these young people face
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numerous barriers to a successful transition to adulthood. Those
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barriers include changes in foster care placements and schools,
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limited opportunities for participation in age-appropriate
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activities, and the inability to achieve economic stability, make
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connections with permanent supportive adults or family, and
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access housing. The main barriers to safe and affordable housing
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for youth who leave foster care due to age are cost, lack of
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availability, the unwillingness of many landlords to rent to
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them, and their own lack of knowledge about how to be good
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tenants.
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(4) The Legislature also finds that young adults who
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emancipate from the child welfare system are at risk of becoming
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homeless and those who were formerly in foster care are
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disproportionately represented in the homeless population. Only
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about two-fifths of eligible young people receive independent
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living services and, of those who do, few receive adequate
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housing assistance. Without the stability of safe housing other
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services, training, and opportunities may not be effective.
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(5) The Legislature further finds that research on young
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people who emancipate from foster care suggests a nexus between
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foster care involvement and later episodes of homelessness and
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that interventions in the foster care system might help to
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prevent homelessness. Responding to the needs of young people
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leaving the foster care system with developmentally appropriate
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supportive housing models organized in a continuum of decreasing
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supervision may increase their ability to live independently.
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(6) It is therefore the intent of the Legislature to
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encourage the Department of Children and Family Services, its
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agents, and community-based care providers operating pursuant to
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s. 409.1671, to develop and implement procedures designed to
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reduce the number of young adults who become homeless after
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leaving the child welfare system.
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Section 6. Subsection (12) of section 1003.01, Florida
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Statutes, is amended to read:
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1003.01 Definitions.--As used in this chapter, the term:
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(12) "Children and youths who are experiencing
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homelessness," for programs authorized under subtitle B,
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Education for Homeless Children and Youths, of title VII of the
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McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
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seq., means children and youths who lack a fixed, regular, and
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adequate nighttime residence; and includes:
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(a) Children and youths who are sharing the housing of
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other persons due to loss of housing, economic hardship, or a
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similar reason; are living in motels, hotels, travel trailer
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parks, or camping grounds due to the lack of alternative adequate
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accommodations; are living in emergency or transitional shelters;
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are abandoned in hospitals; or are awaiting foster care
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placement.
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(b) Children and youths who have a primary nighttime
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residence that is a public or private place not designed for or
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ordinarily used as a regular sleeping accommodation for human
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beings.
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(c) Children and youths who are living in cars, parks,
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public spaces, abandoned buildings, bus or train stations, or
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similar settings.
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(d) Migratory children who are living in circumstances
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described in paragraphs (a)-(c).
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(12) "Homeless child" means:
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(a) One who lacks a fixed, regular nighttime residence;
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(b) One who has a primary nighttime residence that is:
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1. A supervised publicly or privately operated shelter
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designed to provide temporary living accommodations, including
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welfare hotels, congregate shelters, and transitional housing for
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the mentally ill;
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2. An institution that provides a temporary residence for
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individuals intended to be institutionalized; or
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3. A public or private place not designed for, or
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ordinarily used as, a regular sleeping accommodation for human
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beings; or
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(c) One who temporarily resides with an adult other than
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his or her parent because the parent is suffering financial
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hardship.
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A child who is imprisoned, detained, or in the custody of the
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state pursuant to a state or federal law is not a homeless child.
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Section 7. Paragraph (f) of subsection (1) and paragraph
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(g) of subsection (4) of section 1003.21, Florida Statutes, are
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amended to read:
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1003.21 School attendance.--
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(1)
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(f) Children and youths who are experiencing homelessness
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Homeless children, as defined in s. 1003.01, must have access to
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a free public education and must be admitted to school in the
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school district in which they or their families live. School
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districts shall assist such homeless children to meet the
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requirements of subsection (4) and s. 1003.22, as well as local
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requirements for documentation.
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(4) Before admitting a child to kindergarten, the principal
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shall require evidence that the child has attained the age at
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which he or she should be admitted in accordance with the
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provisions of subparagraph (1)(a)2. The district school
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superintendent may require evidence of the age of any child whom
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he or she believes to be within the limits of compulsory
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attendance as provided for by law. If the first prescribed
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evidence is not available, the next evidence obtainable in the
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order set forth below shall be accepted:
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(g) If none of these evidences can be produced, an
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affidavit of age sworn to by the parent, accompanied by a
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certificate of age signed by a public health officer or by a
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public school physician, or, if neither of these are not is
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available in the county, by a licensed practicing physician
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designated by the district school board, which certificate states
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that the health officer or physician has examined the child and
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believes that the age as stated in the affidavit is substantially
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correct. Children and youths who are experiencing homelessness A
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homeless child, as defined in s. 1003.01, shall be given
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temporary exemption from this section for 30 school days.
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Section 8. Subsection (1) and paragraph (e) of subsection
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(5) of section 1003.22, Florida Statutes, are amended to read:
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1003.22 School-entry health examinations; immunization
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against communicable diseases; exemptions; duties of Department
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of Health.--
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(1) Each district school board and the governing authority
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of each private school shall require that each child who is
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entitled to admittance to kindergarten, or is entitled to any
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other initial entrance into a public or private school in this
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state, present a certification of a school-entry health
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examination performed within 1 year prior to enrollment in
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school. Each district school board, and the governing authority
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of each private school, may establish a policy that permits a
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student up to 30 school days to present a certification of a
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school-entry health examination. Children and youths who are
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experiencing homelessness A homeless child, as defined in s.
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1003.01, shall be given a temporary exemption for 30 school days.
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Any district school board that establishes such a policy shall
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include provisions in its local school health services plan to
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assist students in obtaining the health examinations. However, a
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any child shall be exempt from the requirement of a health
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examination upon written request of the parent of the child
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stating objections to the examination on religious grounds.
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(5) The provisions of this section shall not apply if:
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(e) An authorized school official issues a temporary
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exemption, for up to a period not to exceed 30 school days, to
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permit a student who transfers into a new county to attend class
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until his or her records can be obtained. Children and youths who
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are experiencing homelessness A homeless child, as defined in s.
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1003.01, shall be given a temporary exemption for 30 school days.
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The public school health nurse or authorized private school
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official is responsible for followup of each such student until
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proper documentation or immunizations are obtained. An exemption
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for 30 days may be issued for a student who enters a juvenile
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justice program to permit the student to attend class until his
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or her records can be obtained or until the immunizations can be
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obtained. An authorized juvenile justice official is responsible
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for followup of each student who enters a juvenile justice
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program until proper documentation or immunizations are obtained.
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Section 9. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.