1 | A bill to be entitled |
2 | An act relating to homelessness; amending s. 320.02, F.S.; |
3 | requiring the motor vehicle registration form and |
4 | registration renewal form to include an option to make a |
5 | voluntary contribution to aid the homeless; amending s. |
6 | 322.08, F.S.; requiring the driver license application |
7 | form to include an option to make a voluntary contribution |
8 | to aid the homeless; amending s. 322.18, F.S.; requiring |
9 | the driver license application form for renewal issuance |
10 | or renewal extension to include an option to make a |
11 | voluntary contribution to aid the homeless; providing for |
12 | such contributions to be deposited into the Grants and |
13 | Donations Trust Fund of the Department of Children and |
14 | Family Services and used by the State Office on |
15 | Homelessness for certain purposes; providing that |
16 | voluntary contributions for the homeless are not income of |
17 | a revenue nature for the purpose of applying certain |
18 | service charges; creating s. 414.161, F.S.; establishing a |
19 | homelessness prevention grant program; requiring grant |
20 | applicants to be ranked competitively; providing |
21 | preference for certain grant applicants; providing |
22 | eligibility requirements; providing grant limitations and |
23 | restrictions; requiring lead agencies for local homeless |
24 | assistance continuum of care to track, monitor, and report |
25 | on assisted families for a specified period of time; |
26 | amending s. 420.507, F.S.; conforming a cross-reference; |
27 | amending s. 420.621, F.S.; conforming a cross-reference; |
28 | revising, providing, and deleting definitions; amending s. |
29 | 420.622, F.S.; increasing and revising membership on the |
30 | Council on Homelessness; removing a member from an |
31 | obsolete organization; correcting the name of a member |
32 | organization on the council; revising the date of an |
33 | annual report; amending s. 420.625, F.S.; deleting a |
34 | cross-reference to conform; creating s. 420.6275, F.S.; |
35 | creating the Housing First program; providing legislative |
36 | findings and intent; providing that certain local homeless |
37 | assistance continuums of care shall receive priority for |
38 | certain funding; requiring the State Office on |
39 | Homelessness to create specified procedures; providing |
40 | methodology; providing components of the program; creating |
41 | s. 420.628, F.S.; providing legislative findings and |
42 | intent with respect to children and young adults leaving |
43 | the child welfare system; amending s. 1003.01, F.S.; |
44 | revising a definition; amending s. 1003.21, F.S.; |
45 | conforming terminology; providing a school attendance |
46 | exemption for certain children in foster care; amending s. |
47 | 1003.22, F.S.; conforming terminology; providing a school |
48 | certification of a school-entry health examination |
49 | exemption for certain children in foster care; repealing |
50 | s. 414.16, F.S., relating to the emergency assistance |
51 | program for families with children that have lost shelter |
52 | or face loss of shelter due to an emergency; providing an |
53 | effective date. |
54 |
|
55 | Be It Enacted by the Legislature of the State of Florida: |
56 |
|
57 | Section 1. Paragraph (h) is added to subsection (15) of |
58 | section 320.02, Florida Statutes, to read: |
59 | 320.02 Registration required; application for |
60 | registration; forms.-- |
61 | (15) |
62 | (h) Notwithstanding s. 320.023, the application form for |
63 | motor vehicle registration and renewal of registration must |
64 | include language permitting a voluntary contribution of $1 per |
65 | applicant to aid the homeless. Contributions made pursuant to |
66 | this paragraph shall be deposited into the Grants and Donations |
67 | Trust Fund of the Department of Children and Family Services and |
68 | used by the State Office on Homelessness to supplement grants |
69 | made under s. 420.622(4) and (5), provide information to the |
70 | public about homelessness in the state, and provide literature |
71 | for homeless persons seeking assistance. |
72 |
|
73 | For the purpose of applying the service charge provided in s. |
74 | 215.20, contributions received under this subsection are not |
75 | income of a revenue nature. |
76 | Section 2. Subsection (6) of section 322.08, Florida |
77 | Statutes, is amended to read: |
78 | 322.08 Application for license.-- |
79 | (6) The application form for a driver's license or |
80 | duplicate thereof shall include language permitting the |
81 | following: |
82 | (a) A voluntary contribution of $1 per applicant, which |
83 | contribution shall be deposited into the Health Care Trust Fund |
84 | for organ and tissue donor education and for maintaining the |
85 | organ and tissue donor registry. |
86 | (b) A voluntary contribution of $1 per applicant, which |
87 | contribution shall be distributed to the Florida Council of the |
88 | Blind. |
89 | (c) A voluntary contribution of $2 per applicant, which |
90 | shall be distributed to the Hearing Research Institute, |
91 | Incorporated. |
92 | (d) A voluntary contribution of $1 per applicant, which |
93 | shall be distributed to the Juvenile Diabetes Foundation |
94 | International. |
95 | (e) A voluntary contribution of $1 per applicant, which |
96 | shall be distributed to the Children's Hearing Help Fund. |
97 | (f) A voluntary contribution of $1 per applicant, which |
98 | shall be distributed to Family First, a nonprofit organization. |
99 | (g) Notwithstanding s. 322.081, a voluntary contribution |
100 | of $1 per applicant to aid the homeless. Contributions made |
101 | pursuant to this paragraph shall be deposited into the Grants |
102 | and Donations Trust Fund of the Department of Children and |
103 | Family Services and used by the State Office on Homelessness to |
104 | supplement grants made under s. 420.622(4) and (5), provide |
105 | information to the public about homelessness in the state, and |
106 | provide literature for homeless persons seeking assistance. |
107 |
|
108 | A statement providing an explanation of the purpose of the trust |
109 | funds shall also be included. For the purpose of applying the |
110 | service charge provided in s. 215.20, contributions received |
111 | under paragraphs (b), (c), (d), (e), and (f), and (g) and under |
112 | s. 322.18(9)(a) are not income of a revenue nature. |
113 | Section 3. Paragraph (c) is added to subsection (9) of |
114 | section 322.18, Florida Statutes, to read: |
115 | 322.18 Original applications, licenses, and renewals; |
116 | expiration of licenses; delinquent licenses.-- |
117 | (9) |
118 | (c) The application form for a renewal issuance or renewal |
119 | extension shall include language permitting a voluntary |
120 | contribution of $1 per applicant to aid the homeless. |
121 | Contributions made pursuant to this paragraph shall be deposited |
122 | into the Grants and Donations Trust Fund of the Department of |
123 | Children and Family Services and used by the State Office on |
124 | Homelessness to supplement grants made under s. 420.622(4) and |
125 | (5), provide information to the public about homelessness in the |
126 | state, and provide literature for homeless persons seeking |
127 | assistance. For the purpose of applying the service charge |
128 | provided in s. 215.20, contributions received under this |
129 | paragraph are not income of a revenue nature. |
130 | Section 4. Section 414.161, Florida Statutes, is created |
131 | to read: |
132 | 414.161 Homelessness prevention grants.-- |
133 | (1) ESTABLISHMENT OF PROGRAM.--There is hereby created a |
134 | grant program to provide emergency financial assistance to |
135 | families facing the loss of their current home due to a |
136 | financial or other crisis. The State Office on Homelessness, |
137 | with the concurrence of the Council on Homelessness, may accept |
138 | and administer moneys appropriated to it to provide homelessness |
139 | prevention grants annually to lead agencies for local homeless |
140 | assistance continuum of care, as recognized by the State Office |
141 | on Homelessness. These moneys shall consist of any sums that the |
142 | state may appropriate, as well as money received from donations, |
143 | gifts, bequests, or otherwise from any public or private source |
144 | that is intended to assist families to prevent them from |
145 | becoming homeless. |
146 | (2) GRANT APPLICATIONS.--Grant applicants shall be ranked |
147 | competitively. Preference shall be given to applicants who |
148 | leverage additional private funds and public funds, who |
149 | demonstrate the effectiveness of their homelessness prevention |
150 | programs in keeping families housed, and who demonstrate the |
151 | commitment of other assistance and services to address the |
152 | family's health, employment, and education needs. |
153 | (3) ELIGIBILITY.--In order to qualify for a grant, a lead |
154 | agency must develop and implement a local homeless assistance |
155 | continuum of care plan for its designated catchment area. The |
156 | homelessness prevention program must be included in the |
157 | continuum of care plan. |
158 | (4) GRANT LIMITS.--The maximum grant amount per lead |
159 | agency may not exceed $300,000. The grant assistance may be used |
160 | to pay past due rent or mortgage payments, past due utility |
161 | costs, other past due bills creating the family's financial |
162 | crisis, provision of case management services, and program |
163 | administration costs not to exceed 3 percent of the grant award. |
164 | The homelessness prevention program must develop a case plan for |
165 | each family to be assisted setting forth which costs will be |
166 | covered and the maximum level of assistance to be offered. |
167 | (5) PERFORMANCE.--The lead agency shall be required to |
168 | track, monitor, and report on the families assisted for at least |
169 | 12 months after the last assistance provided to the family. The |
170 | goal for the homelessness prevention program shall be to enable |
171 | at least 85 percent of the families assisted to remain in their |
172 | home and avoid becoming homeless during the ensuing year. |
173 | Section 5. Paragraph (a) of subsection (22) of section |
174 | 420.507, Florida Statutes, is amended to read: |
175 | 420.507 Powers of the corporation.--The corporation shall |
176 | have all the powers necessary or convenient to carry out and |
177 | effectuate the purposes and provisions of this part, including |
178 | the following powers which are in addition to all other powers |
179 | granted by other provisions of this part: |
180 | (22) To develop and administer the State Apartment |
181 | Incentive Loan Program. In developing and administering that |
182 | program, the corporation may: |
183 | (a) Make first, second, and other subordinated mortgage |
184 | loans including variable or fixed rate loans subject to |
185 | contingent interest for all State Apartment Incentive Loans |
186 | provided for in this chapter based upon available cash flow of |
187 | the projects. The corporation shall make loans exceeding 25 |
188 | percent of project cost available only to nonprofit |
189 | organizations and public bodies which are able to secure grants, |
190 | donations of land, or contributions from other sources and to |
191 | projects meeting the criteria of subparagraph 1. Mortgage loans |
192 | shall be made available at the following rates of interest: |
193 | 1. Zero to 3 percent interest for sponsors of projects |
194 | that set aside at least 80 percent of their total units for |
195 | residents qualifying as farmworkers as defined in this part, or |
196 | commercial fishing workers as defined in this part, or the |
197 | homeless as defined in s. 420.621(6)(4) over the life of the |
198 | loan. |
199 | 2. Zero to 3 percent interest based on the pro rata share |
200 | of units set aside for homeless residents if the total of such |
201 | units is less than 80 percent of the units in the borrower's |
202 | project. |
203 | 3. One to 9 percent interest for sponsors of projects |
204 | targeted at populations other than farmworkers, commercial |
205 | fishing workers, and the homeless. |
206 | Section 6. Section 420.621, Florida Statutes, is amended |
207 | to read: |
208 | 420.621 Definitions; ss. 420.621-420.628 420.621- |
209 | 420.627.--As used in ss. 420.621-420.628 420.621-420.627, the |
210 | term following terms shall have the following meanings, unless |
211 | the context otherwise requires: |
212 | (1) "Children and youths who are experiencing |
213 | homelessness," for programs authorized under the federal |
214 | Education for Homeless Children and Youths program, Subtitle B |
215 | of Title VII of the McKinney-Vento Homeless Assistance Act, 42 |
216 | U.S.C. ss. 11431 et seq., means children and youths who lack a |
217 | fixed, regular, and adequate nighttime residence, and includes: |
218 | (a) Children and youths who are sharing the housing of |
219 | other persons due to loss of housing, economic hardship, or a |
220 | similar reason; are living in motels, hotels, travel trailer |
221 | parks, or camping grounds due to the lack of alternative |
222 | adequate accommodations; are living in emergency or transitional |
223 | shelters; are abandoned in hospitals; or are awaiting foster |
224 | care placement. |
225 | (b) Children and youths who have a primary nighttime |
226 | residence that is a public or private place not designed for or |
227 | ordinarily used as a regular sleeping accommodation for human |
228 | beings. |
229 | (c) Children and youths who are living in cars, parks, |
230 | public spaces, abandoned buildings, bus or train stations, or |
231 | similar settings. |
232 | (d) Migratory children who are living in circumstances |
233 | described in paragraphs (a)-(c). |
234 | (2) "Continuum of care" means a community plan to organize |
235 | and deliver housing and services to meet the specific needs of |
236 | people who are homeless as they move to stable housing and |
237 | maximum self-sufficiency. It includes action steps to end |
238 | homelessness and prevent a return to homelessness. |
239 | (3) "Council on Homelessness" means the council created in |
240 | s. 420.622. |
241 | (1) "AFDC" means Aid to Families with Dependent Children |
242 | as administered under chapter 409. |
243 | (4)(2) "Department" means the Department of Children and |
244 | Family Services. |
245 | (5)(3) "District" means a service district of the |
246 | department of Children and Family Services, as set forth in s. |
247 | 20.19. |
248 | (6)(4) "Homeless," applied to an individual, or |
249 | "individual experiencing homelessness" means "Homeless" refers |
250 | to an individual who lacks a fixed, regular, and adequate |
251 | nighttime residence and includes or an individual who has a |
252 | primary nighttime residence that is: |
253 | (a) Is sharing the housing of other persons due to loss of |
254 | housing, economic hardship, or a similar reason; |
255 | (b) Is living in a motel, hotel, travel trailer park, or |
256 | camping ground due to a lack of alternative adequate |
257 | accommodations; |
258 | (c) Is living in an emergency or transitional shelter; A |
259 | supervised publicly or privately operated shelter designed to |
260 | provide temporary living accommodations, including welfare |
261 | hotels, congregate shelters, and transitional housing for the |
262 | mentally ill; |
263 | (b) An institution that provides a temporary residence for |
264 | individuals intended to be institutionalized; or |
265 | (d)(c) Has a primary nighttime residence that is a public |
266 | or private place not designed for, or ordinarily used as, a |
267 | regular sleeping accommodation for human beings; |
268 | (e) Is living in a car, park, public space, abandoned |
269 | building, bus or train station, or similar setting; or |
270 | (f) Is a migratory individual who qualifies as homeless |
271 | because he or she is living in circumstances described in |
272 | paragraphs (a)-(e). |
273 |
|
274 | The terms defined in this subsection do term does not refer to |
275 | any individual imprisoned or otherwise detained pursuant to |
276 | state or federal law. The terms also do not include individuals |
277 | or families who are sharing housing due to cultural preferences, |
278 | voluntary arrangements, and traditional networks of support. The |
279 | terms include an individual who has been released from jail, |
280 | prison, the juvenile justice system, the child welfare system, a |
281 | mental health and developmental disability facility, a |
282 | residential addiction treatment program, or a hospital, for whom |
283 | no subsequent residence has been identified, and who lacks the |
284 | resources and support network to obtain housing. |
285 | (7)(5) "Local coalition for the homeless" means a |
286 | coalition established pursuant to s. 420.623. |
287 | (8)(6) "New and temporary homeless" means those |
288 | individuals or families who are homeless due to societal |
289 | external factors, such as unemployment or other loss of income, |
290 | personal or family-life crises, or the shortage of low-income |
291 | housing. |
292 | (9) "Societal causes of homelessness" means factors such |
293 | as lack of housing for individuals and families with low |
294 | incomes, lack of employment opportunities for those with a high |
295 | school education or less, and lack of day care, transportation, |
296 | and other institutional supports. |
297 | (10)(7) "State Office on Homelessness" means the state |
298 | office created in s. 420.622 "Secretary" means the secretary of |
299 | the Department of Children and Family Services. |
300 | Section 7. Subsections (2) and (9) of section 420.622, |
301 | Florida Statutes, are amended to read: |
302 | 420.622 State Office on Homelessness; Council on |
303 | Homelessness.-- |
304 | (2) The Council on Homelessness is created to consist of a |
305 | 17-member 15-member council of public and private agency |
306 | representatives who shall develop policy and advise the State |
307 | Office on Homelessness. The council members shall be: the |
308 | Secretary of Children and Family Services, or his or her |
309 | designee; the Secretary of Community Affairs, or his or her |
310 | designee; the State Surgeon General, or his or her designee; the |
311 | Executive Director of Veterans' Affairs, or his or her designee; |
312 | the Secretary of Corrections, or his or her designee; the |
313 | Secretary of Health Care Administration, or his or her designee; |
314 | the Commissioner of Education, or his or her designee; the |
315 | Director of Workforce Florida, Inc., or his or her designee; one |
316 | representative of the Florida Association of Counties; one |
317 | representative from the Florida League of Cities; one |
318 | representative of the Florida Coalition for Supportive Housing |
319 | Coalition; the Executive Director of the Florida Housing Finance |
320 | Corporation, or his or her designee; one representative of the |
321 | Florida Coalition for the Homeless; one representative of the |
322 | Florida State Rural Development Council; and four members |
323 | appointed by the Governor. The council members shall be |
324 | volunteer, nonpaid persons and shall be reimbursed for travel |
325 | expenses only. The appointed members of the council shall serve |
326 | staggered 2-year terms, and the council shall meet at least four |
327 | times per year. The importance of minority, gender, and |
328 | geographic representation must be considered when appointing |
329 | members to the council. |
330 | (9) The council shall, by June 30 December 31 of each |
331 | year, beginning in 2010, issue to the Governor, the President of |
332 | the Senate, the Speaker of the House of Representatives, and the |
333 | Secretary of Children and Family Services an evaluation of the |
334 | executive director's performance in fulfilling the statutory |
335 | duties of the office, a report summarizing the council's |
336 | recommendations to the office and the corresponding actions |
337 | taken by the office, and any recommendations to the Legislature |
338 | for proposals to reduce homelessness in this state. |
339 | Section 8. Paragraph (d) of subsection (3) of section |
340 | 420.625, Florida Statutes, is amended to read: |
341 | 420.625 Grant-in-aid program.-- |
342 | (3) ESTABLISHMENT.--There is hereby established a grant- |
343 | in-aid program to help local communities in serving the needs of |
344 | the homeless through a variety of supportive services, which may |
345 | include, but are not limited to: |
346 | (d) Emergency financial assistance for persons who are |
347 | totally without shelter or facing loss of shelter, but who are |
348 | not eligible for such assistance under s. 414.16. |
349 | Section 9. Section 420.6275, Florida Statutes, is created |
350 | to read: |
351 | 420.6275 Housing First.-- |
352 | (1) LEGISLATIVE FINDINGS AND INTENT.-- |
353 | (a) The Legislature finds that many communities plan to |
354 | manage homelessness rather than plan to end it. |
355 | (b) The Legislature also finds that for most of the past |
356 | two decades public and private solutions to homelessness have |
357 | focused on providing individuals and families who are |
358 | experiencing homelessness with emergency shelter, transitional |
359 | housing, or a combination of both. While emergency shelter |
360 | programs may provide critical access to services for individuals |
361 | and families in crisis, they often fail to address the long-term |
362 | needs of those who are homeless. |
363 | (c) The Legislature further finds that Housing First is an |
364 | alternative approach to the current system of emergency shelter |
365 | or transitional housing which tends to reduce the length of time |
366 | of homelessness and has proven to be cost-effective to homeless |
367 | programs. |
368 | (d) It is therefore the intent of the Legislature to |
369 | encourage local coalitions for the homeless continuums of care, |
370 | established pursuant to s. 420.623, to adopt the Housing First |
371 | approach to ending homelessness for individuals and families. |
372 | (e) Local homeless assistance continuums of care, as |
373 | recognized by the State Office on Homelessness, that adopt and |
374 | prioritize the Housing First approach in their communities shall |
375 | receive priority in all funding opportunities provided through |
376 | the State Office on Homelessness to the lead agencies designated |
377 | for their continuum of care area. |
378 | (f) The State Office on Homelessness, with the concurrence |
379 | of the Council on Homelessness, shall develop: |
380 | 1. A procedure to verify through the lead agency the |
381 | continuum's adoption and prioritizing of the Housing First |
382 | approach. |
383 | 2. A process to give priority in scoring and ranking of |
384 | funding applications submitted by lead agencies whose homeless |
385 | continuums of care have adopted and prioritized the Housing |
386 | First approach for their community. |
387 | (2) HOUSING FIRST METHODOLOGY.-- |
388 | (a) The Housing First approach to homelessness differs |
389 | from traditional approaches by providing housing assistance, |
390 | case management, and support services responsive to individual |
391 | or family needs after housing is obtained. By using the Housing |
392 | First approach when appropriate, communities can significantly |
393 | reduce the amount of time that individuals and families are |
394 | homeless and prevent further episodes of homelessness. Housing |
395 | First emphasizes that social services provided to enhance |
396 | individual and family well-being can be more effective when |
397 | people are in their own home, and: |
398 | 1. The housing is not time-limited. |
399 | 2. The housing is not contingent on compliance with |
400 | services. Instead, participants must comply with a standard |
401 | lease agreement and are provided with the services and support |
402 | that are necessary to help them do so successfully. |
403 | (b) The Housing First approach addresses the societal |
404 | causes of homelessness and advocates for the immediate return of |
405 | individuals and families back into housing and communities. |
406 | Housing First provides a critical link between the emergency and |
407 | transitional housing system and community-based social service, |
408 | educational, and health care organizations and consists of four |
409 | components: |
410 | 1. Crisis intervention and short-term stabilization. |
411 | 2. Screening, intake, and needs assessment. |
412 | 3. Provision of housing resources. |
413 | 4. Provision of case management. |
414 | Section 10. Section 420.628, Florida Statutes, is created |
415 | to read: |
416 | 420.628 Children and young adults leaving the child |
417 | welfare system; legislative findings and intent.-- |
418 | (1) The Legislature finds that the transition from |
419 | childhood to adulthood is filled with opportunity and risk. Most |
420 | young people who receive adequate support make this transition |
421 | successfully and will become healthy adults who will be prepared |
422 | for work and be able to become responsible, fulfilled members of |
423 | their families and communities. |
424 | (2) The Legislature finds that there are also many young |
425 | people who will enter adulthood without the knowledge, skills, |
426 | attitudes, habits, and relationships that will enable them to be |
427 | productive members of society. Those young people who, through |
428 | no fault of their own, live in foster families, group homes, and |
429 | institutions are among those at greatest risk. |
430 | (3) The Legislature finds that these young people face |
431 | numerous barriers to a successful transition to adulthood. Those |
432 | barriers include changes in foster care placements and schools, |
433 | limited opportunities for participation in age-appropriate |
434 | normal activities, and the inability to achieve economic |
435 | stability, make connections with permanent supportive adults or |
436 | family, and access housing. The main barriers to safe and |
437 | affordable housing for youth aging out of the foster care system |
438 | are cost, lack of availability, the unwillingness of many |
439 | landlords to rent to them, and their own lack of knowledge about |
440 | how to be good tenants. |
441 | (4) The Legislature also finds that young adults who |
442 | emancipate from the child welfare system are at risk of becoming |
443 | homeless and those who were formerly in the child welfare system |
444 | are disproportionately represented in the homeless population. |
445 | Only about two-fifths of eligible young people receive |
446 | independent living services and, of those who do, few receive |
447 | adequate housing assistance. Without the stability of safe |
448 | housing all other services, training, and opportunities may not |
449 | be effective. |
450 | (5) The Legislature further finds that research on young |
451 | people who emancipate from foster care suggests a nexus between |
452 | foster care involvement and later episodes of homelessness and |
453 | that interventions in the foster care system might help to |
454 | prevent homelessness. Responding to the needs of young people |
455 | leaving the foster care system with developmentally appropriate |
456 | supportive housing models organized in a continuum of decreasing |
457 | supervision may increase their ability to live independently in |
458 | the future. |
459 | (6) It is therefore the intent of the Legislature to |
460 | encourage the Department of Children and Family Services, its |
461 | agents, and community-based care providers operating pursuant to |
462 | s. 409.1671, to develop and implement procedures designed to |
463 | reduce the number of young adults who become homeless after |
464 | leaving the child welfare system. |
465 | Section 11. Subsection (12) of section 1003.01, Florida |
466 | Statutes, is amended to read: |
467 | 1003.01 Definitions.--As used in this chapter, the term: |
468 | (12) "Children and youths who are experiencing |
469 | homelessness," for programs authorized under the federal |
470 | Education for Homeless Children and Youths program, Subtitle B |
471 | of Title VII of the McKinney-Vento Homeless Assistance Act, 42 |
472 | U.S.C. ss. 11431 et seq., means children and youths who lack a |
473 | fixed, regular, and adequate nighttime residence, and includes: |
474 | (a) Children and youths who are sharing the housing of |
475 | other persons due to loss of housing, economic hardship, or a |
476 | similar reason; are living in motels, hotels, travel trailer |
477 | parks, or camping grounds due to the lack of alternative |
478 | adequate accommodations; are living in emergency or transitional |
479 | shelters; are abandoned in hospitals; or are awaiting foster |
480 | care placement. |
481 | (b) Children and youths who have a primary nighttime |
482 | residence that is a public or private place not designed for or |
483 | ordinarily used as a regular sleeping accommodation for human |
484 | beings. |
485 | (c) Children and youths who are living in cars, parks, |
486 | public spaces, abandoned buildings, bus or train stations, or |
487 | similar settings. |
488 | (d) Migratory children who are living in circumstances |
489 | described in paragraphs (a)-(c). |
490 | (12) "Homeless child" means: |
491 | (a) One who lacks a fixed, regular nighttime residence; |
492 | (b) One who has a primary nighttime residence that is: |
493 | 1. A supervised publicly or privately operated shelter |
494 | designed to provide temporary living accommodations, including |
495 | welfare hotels, congregate shelters, and transitional housing |
496 | for the mentally ill; |
497 | 2. An institution that provides a temporary residence for |
498 | individuals intended to be institutionalized; or |
499 | 3. A public or private place not designed for, or |
500 | ordinarily used as, a regular sleeping accommodation for human |
501 | beings; or |
502 | (c) One who temporarily resides with an adult other than |
503 | his or her parent because the parent is suffering financial |
504 | hardship. |
505 | |
506 | A child who is imprisoned, detained, or in the custody of the |
507 | state pursuant to a state or federal law is not a homeless |
508 | child. |
509 | Section 12. Paragraph (f) of subsection (1) and paragraph |
510 | (g) of subsection (4) of section 1003.21, Florida Statutes, are |
511 | amended to read: |
512 | 1003.21 School attendance.-- |
513 | (1) |
514 | (f) Children and youths who are experiencing homelessness |
515 | Homeless children, as defined in s. 1003.01, must have access to |
516 | a free public education and must be admitted to school in the |
517 | school district in which they or their families live. School |
518 | districts shall assist such homeless children to meet the |
519 | requirements of subsection (4) and s. 1003.22, as well as local |
520 | requirements for documentation. |
521 | (4) Before admitting a child to kindergarten, the |
522 | principal shall require evidence that the child has attained the |
523 | age at which he or she should be admitted in accordance with the |
524 | provisions of subparagraph (1)(a)2. The district school |
525 | superintendent may require evidence of the age of any child whom |
526 | he or she believes to be within the limits of compulsory |
527 | attendance as provided for by law. If the first prescribed |
528 | evidence is not available, the next evidence obtainable in the |
529 | order set forth below shall be accepted: |
530 | (g) If none of these evidences can be produced, an |
531 | affidavit of age sworn to by the parent, accompanied by a |
532 | certificate of age signed by a public health officer or by a |
533 | public school physician, or, if neither of these is available in |
534 | the county, by a licensed practicing physician designated by the |
535 | district school board, which certificate states that the health |
536 | officer or physician has examined the child and believes that |
537 | the age as stated in the affidavit is substantially correct. |
538 | Children and youths who are experiencing homelessness A homeless |
539 | child, as defined in s. 1003.01, and children who are in foster |
540 | care until the time of achieving either reunification or a |
541 | permanent placement shall be given temporary exemption from this |
542 | section for 30 school days. |
543 | Section 13. Subsection (1) and paragraph (e) of subsection |
544 | (5) of section 1003.22, Florida Statutes, are amended to read: |
545 | 1003.22 School-entry health examinations; immunization |
546 | against communicable diseases; exemptions; duties of Department |
547 | of Health.-- |
548 | (1) Each district school board and the governing authority |
549 | of each private school shall require that each child who is |
550 | entitled to admittance to kindergarten, or is entitled to any |
551 | other initial entrance into a public or private school in this |
552 | state, present a certification of a school-entry health |
553 | examination performed within 1 year prior to enrollment in |
554 | school. Each district school board, and the governing authority |
555 | of each private school, may establish a policy that permits a |
556 | student up to 30 school days to present a certification of a |
557 | school-entry health examination. Children and youths who are |
558 | experiencing homelessness A homeless child, as defined in s. |
559 | 1003.01, and children who are in foster care until the time of |
560 | achieving either reunification or a permanent placement shall be |
561 | given a temporary exemption for 30 school days. Any district |
562 | school board that establishes such a policy shall include |
563 | provisions in its local school health services plan to assist |
564 | students in obtaining the health examinations. However, any |
565 | child shall be exempt from the requirement of a health |
566 | examination upon written request of the parent of the child |
567 | stating objections to the examination on religious grounds. |
568 | (5) The provisions of this section shall not apply if: |
569 | (e) An authorized school official issues a temporary |
570 | exemption, for a period not to exceed 30 school days, to permit |
571 | a student who transfers into a new county to attend class until |
572 | his or her records can be obtained. Children and youths who are |
573 | experiencing homelessness A homeless child, as defined in s. |
574 | 1003.01, and children who are in foster care until the time of |
575 | achieving either reunification or a permanent placement shall be |
576 | given a temporary exemption for 30 school days. The public |
577 | school health nurse or authorized private school official is |
578 | responsible for followup of each such student until proper |
579 | documentation or immunizations are obtained. An exemption for 30 |
580 | days may be issued for a student who enters a juvenile justice |
581 | program to permit the student to attend class until his or her |
582 | records can be obtained or until the immunizations can be |
583 | obtained. An authorized juvenile justice official is responsible |
584 | for followup of each student who enters a juvenile justice |
585 | program until proper documentation or immunizations are |
586 | obtained. |
587 | Section 14. Section 414.16, Florida Statutes, is repealed. |
588 | Section 15. This act shall take effect July 1, 2009. |