CS/HB 315

1
A bill to be entitled
2An act relating to adoption; creating s. 63.0422, F.S.;
3prohibiting an adoption agency or entity from making
4suitability determinations based on, requiring disclosure
5relating to, or restricting the lawful possession,
6storage, or use of a firearm or ammunition; amending s.
7409.175, F.S.; providing additional requirements for
8child-placing agencies; providing additional rulemaking
9requirements for the Department of Children and Family
10Services; creating additional grounds for denial,
11suspension, or revocation of a license; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 63.0422, Florida Statutes, is created
17to read:
18     63.0422  Prohibited conditions on adoptions; firearms and
19ammunition.-An adoption agency or entity, whether public or
20private, may not:
21     (1)  Make a determination that a person is unsuitable to
22adopt based on the lawful possession, storage, or use of a
23firearm or ammunition by any member of the adoptive home.
24     (2)  Require an adoptive parent or prospective adoptive
25parent to disclose information relating to a person's lawful
26possession, storage, or use of a firearm or ammunition as a
27condition to adopt.
28     (3)  Restrict the lawful possession, storage, or use of a
29firearm or ammunition as a condition for a person to adopt.
30     Section 2.  Subsections (5) and (9) of section 409.175,
31Florida Statutes, are amended to read:
32     409.175  Licensure of family foster homes, residential
33child-caring agencies, and child-placing agencies; public
34records exemption.-
35     (5)(a)  The department shall adopt and amend licensing
36rules for family foster homes, residential child-caring
37agencies, and child-placing agencies. The department may also
38adopt rules relating to the screening requirements for summer
39day camps and summer 24-hour camps. The requirements for
40licensure and operation of family foster homes, residential
41child-caring agencies, and child-placing agencies shall include:
42     1.  The operation, conduct, and maintenance of these homes
43and agencies and the responsibility which they assume for
44children served and the evidence of need for that service.
45     2.  The provision of food, clothing, educational
46opportunities, services, equipment, and individual supplies to
47assure the healthy physical, emotional, and mental development
48of the children served.
49     3.  The appropriateness, safety, cleanliness, and general
50adequacy of the premises, including fire prevention and health
51standards, to provide for the physical comfort, care, and well-
52being of the children served.
53     4.  The ratio of staff to children required to provide
54adequate care and supervision of the children served and, in the
55case of foster homes, the maximum number of children in the
56home.
57     5.  The good moral character based upon screening,
58education, training, and experience requirements for personnel.
59     6.  The department may grant exemptions from
60disqualification from working with children or the
61developmentally disabled as provided in s. 435.07.
62     7.  The provision of preservice and inservice training for
63all foster parents and agency staff.
64     8.  Satisfactory evidence of financial ability to provide
65care for the children in compliance with licensing requirements.
66     9.  The maintenance by the agency of records pertaining to
67admission, progress, health, and discharge of children served,
68including written case plans and reports to the department.
69     10.  The provision for parental involvement to encourage
70preservation and strengthening of a child's relationship with
71the family.
72     11.  The transportation safety of children served.
73     12.  The provisions for safeguarding the cultural,
74religious, and ethnic values of a child.
75     13.  Provisions to safeguard the legal rights of children
76served.
77     (b)  The requirements for the licensure and operation of a
78child-placing agency shall also include compliance with the
79requirements of ss. 63.0422 and 790.335.
80     (c)(b)  In promulgating licensing rules pursuant to this
81section, the department may make distinctions among types of
82care; numbers of children served; and the physical, mental,
83emotional, and educational needs of the children to be served by
84a home or agency.
85     (d)(c)  The department shall not adopt rules which
86interfere with the free exercise of religion or which regulate
87religious instruction or teachings in any child-caring or child-
88placing home or agency; however, nothing herein shall be
89construed to allow religious instruction or teachings that are
90inconsistent with the health, safety, or well-being of any
91child; with public morality; or with the religious freedom of
92children, parents, or legal guardians who place their children
93in such homes or agencies.
94     (e)  The department's rules shall include adoption of a
95form to be used by child-placing agencies during an adoption
96home study that requires all prospective adoptive applicants to
97acknowledge in writing the receipt of a document containing
98solely and exclusively the language provided for in s. 790.174
99verbatim.
100     (9)(a)  The department may deny, suspend, or revoke a
101license.
102     (b)  Any of the following actions by a home or agency or
103its personnel is a ground for denial, suspension, or revocation
104of a license:
105     1.  An intentional or negligent act materially affecting
106the health or safety of children in the home or agency.
107     2.  A violation of the provisions of this section or of
108licensing rules promulgated pursuant to this section.
109     3.  Noncompliance with the requirements for good moral
110character as specified in paragraph (5)(a).
111     4.  Failure to dismiss personnel found in noncompliance
112with requirements for good moral character.
113     5.  Failure to comply with the requirements of ss. 63.0422
114and 790.335.
115     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.