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