Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1346
Barcode 597420
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/05/2011 .
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The Committee on Children, Families, and Elder Affairs (Detert)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1356 and 1357
4 insert:
5 Section 38. Sections 39.0015, 39.305, 39.311, 39.312,
6 39.313, 39.314, 39.315, 39.316, 39.317, 39.318, 39.816, 39.817,
7 383.0115, 393.22, 393.503, 394.922, 402.3045, 402.50, 402.55,
8 409.1672, 409.1673, 409.1685, 409.801, 409.802, and 409.803,
9 Florida Statutes, are repealed.
10 Section 39. Paragraph (a) of subsection (4) of section
11 20.195, Florida Statutes, is amended to read:
12 20.195 Department of Children and Family Services; trust
13 funds.—The following trust funds shall be administered by the
14 Department of Children and Family Services:
15 (4) Domestic Violence Trust Fund.
16 (a) Funds to be credited to and uses of the trust fund
17 shall be administered in accordance with the provisions of s.
18 28.101, part XII XIII of chapter 39, and chapter 741.
19 Section 40. Subsection (1) of section 39.00145, Florida
20 Statutes, is amended to read:
21 39.00145 Records concerning children.—
22 (1) The case record of every child under the supervision of
23 or in the custody of the department, the department’s authorized
24 agents, or providers contracting with the department, including
25 community-based care lead agencies and their subcontracted
26 providers, must be maintained in a complete and accurate manner.
27 The case record must contain, at a minimum, the child’s case
28 plan required under part VII VIII of this chapter and the full
29 name and street address of all shelters, foster parents, group
30 homes, treatment facilities, or locations where the child has
31 been placed.
32 Section 41. Subsection (10) of section 39.0121, Florida
33 Statutes, is amended to read:
34 39.0121 Specific rulemaking authority.—Pursuant to the
35 requirements of s. 120.536, the department is specifically
36 authorized to adopt, amend, and repeal administrative rules
37 which implement or interpret law or policy, or describe the
38 procedure and practice requirements necessary to implement this
39 chapter, including, but not limited to, the following:
40 (10) The Family Builders Program, the Intensive Crisis
41 Counseling Program, and any other early intervention programs
42 and kinship care assistance programs.
43 Section 42. Paragraph (a) of subsection (15) of section
44 39.301, Florida Statutes, is amended to read:
45 39.301 Initiation of protective investigations.—
46 (15)(a) If the department or its agent determines that a
47 child requires immediate or long-term protection through:
48 1. Medical or other health care; or
49 2. Homemaker care, day care, protective supervision, or
50 other services to stabilize the home environment, including
51 intensive family preservation services through the Family
52 Builders Program or the Intensive Crisis Counseling Program, or
53 both,
54
55 such services shall first be offered for voluntary acceptance
56 unless there are high-risk factors that may impact the ability
57 of the parents or legal custodians to exercise judgment. Such
58 factors may include the parents’ or legal custodians’ young age
59 or history of substance abuse or domestic violence.
60 Section 43. Section 39.3031, Florida Statutes, is amended
61 to read:
62 39.3031 Rules for implementation of s. ss. 39.303 and
63 39.305.—The Department of Health, in consultation with the
64 Department of Children and Family Services, shall adopt rules
65 governing the child protection teams and the sexual abuse
66 treatment program pursuant to s. ss. 39.303 and 39.305,
67 including definitions, organization, roles and responsibilities,
68 eligibility, services and their availability, qualifications of
69 staff, and a waiver-request process.
70 Section 44. Subsection (13) of section 49.011, Florida
71 Statutes, is amended to read:
72 49.011 Service of process by publication; cases in which
73 allowed.—Service of process by publication may be made in any
74 court on any party identified in s. 49.021 in any action or
75 proceeding:
76 (13) For termination of parental rights pursuant to part
77 VIII IX of chapter 39 or chapter 63.
78 Section 45. Subsection (18) of section 381.006, Florida
79 Statutes, is amended to read:
80 381.006 Environmental health.—The department shall conduct
81 an environmental health program as part of fulfilling the
82 state’s public health mission. The purpose of this program is to
83 detect and prevent disease caused by natural and manmade factors
84 in the environment. The environmental health program shall
85 include, but not be limited to:
86 (18) A food service inspection function for domestic
87 violence centers that are certified and monitored by the
88 Department of Children and Family Services under part XII XIII
89 of chapter 39 and group care homes as described in subsection
90 (16), which shall be conducted annually and be limited to the
91 requirements in department rule applicable to community-based
92 residential facilities with five or fewer residents.
93
94 The department may adopt rules to carry out the provisions of
95 this section.
96 Section 46. Paragraph (b) of subsection (1) of section
97 381.0072, Florida Statutes, is amended to read:
98 381.0072 Food service protection.—It shall be the duty of
99 the Department of Health to adopt and enforce sanitation rules
100 consistent with law to ensure the protection of the public from
101 food-borne illness. These rules shall provide the standards and
102 requirements for the storage, preparation, serving, or display
103 of food in food service establishments as defined in this
104 section and which are not permitted or licensed under chapter
105 500 or chapter 509.
106 (1) DEFINITIONS.—As used in this section, the term:
107 (b) “Food service establishment” means detention
108 facilities, public or private schools, migrant labor camps,
109 assisted living facilities, adult family-care homes, adult day
110 care centers, short-term residential treatment centers,
111 residential treatment facilities, homes for special services,
112 transitional living facilities, crisis stabilization units,
113 hospices, prescribed pediatric extended care centers,
114 intermediate care facilities for persons with developmental
115 disabilities, boarding schools, civic or fraternal
116 organizations, bars and lounges, vending machines that dispense
117 potentially hazardous foods at facilities expressly named in
118 this paragraph, and facilities used as temporary food events or
119 mobile food units at any facility expressly named in this
120 paragraph, where food is prepared and intended for individual
121 portion service, including the site at which individual portions
122 are provided, regardless of whether consumption is on or off the
123 premises and regardless of whether there is a charge for the
124 food. The term does not include any entity not expressly named
125 in this paragraph; nor does the term include a domestic violence
126 center certified and monitored by the Department of Children and
127 Family Services under part XII XIII of chapter 39 if the center
128 does not prepare and serve food to its residents and does not
129 advertise food or drink for public consumption.
130 Section 47. Paragraph (b) of subsection (2) of section
131 390.01114, Florida Statutes, is amended to read:
132 390.01114 Parental Notice of Abortion Act.—
133 (2) DEFINITIONS.—As used in this section, the term:
134 (b) “Child abuse” means abandonment, abuse, harm, mental
135 injury, neglect, physical injury, or sexual abuse of a child as
136 those terms are defined in ss. 39.01, 827.04, and 984.03 has the
137 same meaning as s. 39.0015(3).
138 Section 48. Section 409.1685, Florida Statutes, is amended
139 to read:
140 409.1685 Children in foster care; annual report to
141 Legislature.—The Department of Children and Family Services
142 shall submit a written report to the Governor and the
143 Legislature concerning the status of children in foster care and
144 the judicial review mandated by part IX X of chapter 39. The
145 report shall be submitted by May 1 of each year and must include
146 the following information for the prior calendar year:
147 (1) The number of 6-month and annual judicial reviews
148 completed during that period.
149 (2) The number of children in foster care returned to a
150 parent, guardian, or relative as a result of a 6-month or annual
151 judicial review hearing during that period.
152 (3) The number of termination of parental rights
153 proceedings instituted during that period, including:
154 (a) The number of termination of parental rights
155 proceedings initiated pursuant to former s. 39.703; and
156 (b) The total number of terminations of parental rights
157 ordered.
158 (4) The number of foster care children placed for adoption.
159 Section 49. Paragraph (a) of subsection (3) of section
160 411.01013, Florida Statutes, is amended to read:
161 411.01013 Prevailing market rate schedule.—
162 (3) The prevailing market rate schedule, at a minimum,
163 must:
164 (a) Differentiate rates by type, including, but not limited
165 to, a child care provider that holds a Gold Seal Quality Care
166 designation under s. 402.281, a child care facility licensed
167 under s. 402.305, a public or nonpublic school exempt from
168 licensure under s. 402.3025, a faith-based child care facility
169 exempt from licensure under s. 402.316 that does not hold a Gold
170 Seal Quality Care designation, a large family child care home
171 licensed under s. 402.3131, or a family day care home licensed
172 or registered under s. 402.313, or an after-school program that
173 is not defined as child care under rules adopted pursuant to s.
174 402.3045.
175 Section 50. Paragraph (j) of subsection (2) of section
176 753.03, Florida Statutes, is redesignated as paragraph (i), and
177 present paragraph (i) of that subsection is amended to read:
178 753.03 Standards for supervised visitation and supervised
179 exchange programs.—
180 (2) The clearinghouse shall use an advisory board to assist
181 in developing the standards. The advisory board must include:
182 (i) A representative of the Commission on Marriage and
183 Family Support Initiatives.
184 Section 51. Subsection (4) of section 877.22, Florida
185 Statutes, is amended to read:
186 877.22 Minors prohibited in public places and
187 establishments during certain hours; penalty; procedure.—
188 (4) If a minor violates a curfew and is taken into custody,
189 the minor shall be transported immediately to a police station
190 or to a facility operated by a religious, charitable, or civic
191 organization that conducts a curfew program in cooperation with
192 a local law enforcement agency. After recording pertinent
193 information about the minor, the law enforcement agency shall
194 attempt to contact the parent of the minor and, if successful,
195 shall request that the parent take custody of the minor and
196 shall release the minor to the parent. If the law enforcement
197 agency is not able to contact the minor’s parent within 2 hours
198 after the minor is taken into custody, or if the parent refuses
199 to take custody of the minor, the law enforcement agency may
200 transport the minor to her or his residence or proceed as
201 authorized under part IV V of chapter 39.
202
203 ================= T I T L E A M E N D M E N T ================
204 And the title is amended as follows:
205
206 Delete line 79
207 and insert:
208 asbestos surveyors; repealing s. 39.0015, F.S.,
209 relating to child abuse prevention training in the
210 district school system; repealing s. 39.305, F.S.,
211 relating to the development by the Department of
212 Children and Family Services of a model plan for
213 community intervention and treatment in intrafamily
214 sexual abuse cases; repealing ss. 39.311, 39.312,
215 39.313, 39.314, 39.315, 39.316, 39.317, and 39.318,
216 F.S., relating to the Family Builders Program;
217 repealing 39.816, F.S., relating to authorization for
218 pilot and demonstration projects; repealing s. 39.817,
219 F.S., relating to a foster care privatization
220 demonstration project; repealing s. 383.0115, F.S.,
221 relating to the Commission on Marriage and Family
222 Support Initiatives; repealing s. 393.22, F.S.,
223 relating to financial commitment to community services
224 programs; repealing s. 393.503, F.S., relating to
225 respite and family care subsidy expenditures and
226 funding recommendations; repealing s. 394.922, F.S.,
227 relating to constitutional requirements regarding
228 long-term control, care, and treatment of sexually
229 violent predators; repealing s. 402.3045, F.S.,
230 relating to a requirement that the Department of
231 Children and Family Services adopt distinguishable
232 definitions of child care programs by rule; repealing
233 s. 402.50, F.S., relating to the development of
234 administrative infrastructure standards by the
235 Department of Children and Family Services; repealing
236 s. 402.55, F.S., relating to the management fellows
237 program; repealing s. 409.1672, F.S., relating to
238 performance incentives for department employees with
239 respect to the child welfare system; repealing s.
240 409.1673, F.S., relating to legislative findings
241 regarding the foster care system and the development
242 of alternate care plans; repealing s. 409.1685, F.S.,
243 relating to an annual report to the Legislature by the
244 Department of Children and Family Services with
245 respect to children in foster care; repealing ss.
246 409.801 and 409.802, F.S., relating to the Family
247 Policy Act; repealing s. 409.803, F.S., relating to
248 pilot programs to provide shelter and foster care
249 services to dependent children; amending ss. 20.195,
250 39.00145, 39.0121, 39.301, 39.3031, 49.011, 381.006,
251 381.0072, 390.01114, 409.1685, 411.01013, 753.03, and
252 877.22, F.S.; conforming references to changes made by
253 the act; providing an effective date.