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