HB 7179

1
A bill to be entitled
2An act relating to vulnerable children and adults;
3repealing s. 39.0015, F.S., relating to child abuse
4prevention training in the district school system;
5repealing s. 39.305, F.S., relating to the development by
6the Department of Children and Family Services of a model
7plan for community intervention and treatment in
8intrafamily sexual abuse cases; repealing ss. 39.311,
939.312, 39.313, 39.314, 39.315, 39.316, 39.317, and
1039.318, F.S., relating to the Family Builders Program;
11repealing 39.816, F.S., relating to authorization for
12pilot and demonstration projects; repealing s. 39.817,
13F.S., relating to a foster care privatization
14demonstration project; repealing s. 383.0115, F.S.,
15relating to the Commission on Marriage and Family Support
16Initiatives; repealing s. 393.22, F.S., relating to
17financial commitment to community services programs;
18repealing s. 393.503, F.S., relating to respite and family
19care subsidy expenditures and funding recommendations;
20repealing s. 394.922, F.S., relating to constitutional
21requirements regarding long-term control, care, and
22treatment of sexually violent predators; repealing s.
23402.3045, F.S., relating to a requirement that the
24Department of Children and Family Services adopt
25distinguishable definitions of child care programs by
26rule; repealing s. 402.50, F.S., relating to the
27development of administrative infrastructure standards by
28the Department of Children and Family Services; repealing
29s. 402.55, F.S., relating to the management fellows
30program; repealing s. 409.1672, F.S., relating to
31performance incentives for department employees with
32respect to the child welfare system; repealing s.
33409.1673, F.S., relating to legislative findings regarding
34the foster care system and the development of alternate
35care plans; repealing s. 409.1685, F.S., relating to an
36annual report to the Legislature by the Department of
37Children and Family Services with respect to children in
38foster care; repealing ss. 409.801 and 409.802, F.S.,
39relating to the Family Policy Act; repealing s. 409.803,
40F.S., relating to pilot programs to provide shelter and
41foster care services to dependent children; amending ss.
4220.195, 39.00145, 39.0121, 39.301, 39.3031, 49.011,
43381.006, 381.0072, 390.01114, 409.1685, 411.01013, 753.03,
44and 877.22, F.S.; conforming references to changes made by
45the act; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Sections 39.0015, 39.305, 39.311, 39.312,
5039.313, 39.314, 39.315, 39.316, 39.317, 39.318, 39.816, 39.817,
51383.0115, 393.22, 393.503, 394.922, 402.3045, 402.50, 402.55,
52409.1672, 409.1673, 409.1685, 409.801, 409.802, and 409.803,
53Florida Statutes, are repealed.
54     Section 2.  Paragraph (a) of subsection (4) of section
5520.195, Florida Statutes, is amended to read:
56     20.195  Department of Children and Family Services; trust
57funds.-The following trust funds shall be administered by the
58Department of Children and Family Services:
59     (4)  Domestic Violence Trust Fund.
60     (a)  Funds to be credited to and uses of the trust fund
61shall be administered in accordance with the provisions of s.
6228.101, part XII XIII of chapter 39, and chapter 741.
63     Section 3.  Subsection (1) of section 39.00145, Florida
64Statutes, is amended to read:
65     39.00145  Records concerning children.-
66     (1)  The case record of every child under the supervision
67of or in the custody of the department, the department's
68authorized agents, or providers contracting with the department,
69including community-based care lead agencies and their
70subcontracted providers, must be maintained in a complete and
71accurate manner. The case record must contain, at a minimum, the
72child's case plan required under part VII VIII of this chapter
73and the full name and street address of all shelters, foster
74parents, group homes, treatment facilities, or locations where
75the child has been placed.
76     Section 4.  Subsection (10) of section 39.0121, Florida
77Statutes, is amended to read:
78     39.0121  Specific rulemaking authority.-Pursuant to the
79requirements of s. 120.536, the department is specifically
80authorized to adopt, amend, and repeal administrative rules
81which implement or interpret law or policy, or describe the
82procedure and practice requirements necessary to implement this
83chapter, including, but not limited to, the following:
84     (10)  The Family Builders Program, the Intensive Crisis
85Counseling Program, and any other early intervention programs
86and kinship care assistance programs.
87     Section 5.  Paragraph (a) of subsection (15) of section
8839.301, Florida Statutes, is amended to read:
89     39.301  Initiation of protective investigations.-
90     (15)(a)  If the department or its agent determines that a
91child requires immediate or long-term protection through:
92     1.  Medical or other health care; or
93     2.  Homemaker care, day care, protective supervision, or
94other services to stabilize the home environment, including
95intensive family preservation services through the Family
96Builders Program or the Intensive Crisis Counseling Program, or
97both,
98
99such services shall first be offered for voluntary acceptance
100unless there are high-risk factors that may impact the ability
101of the parents or legal custodians to exercise judgment. Such
102factors may include the parents' or legal custodians' young age
103or history of substance abuse or domestic violence.
104     Section 6.  Section 39.3031, Florida Statutes, is amended
105to read:
106     39.3031  Rules for implementation of s. ss. 39.303 and
10739.305.-The Department of Health, in consultation with the
108Department of Children and Family Services, shall adopt rules
109governing the child protection teams and the sexual abuse
110treatment program pursuant to s. ss. 39.303 and 39.305,
111including definitions, organization, roles and responsibilities,
112eligibility, services and their availability, qualifications of
113staff, and a waiver-request process.
114     Section 7.  Subsection (13) of section 49.011, Florida
115Statutes, is amended to read:
116     49.011  Service of process by publication; cases in which
117allowed.-Service of process by publication may be made in any
118court on any party identified in s. 49.021 in any action or
119proceeding:
120     (13)  For termination of parental rights pursuant to part
121VIII IX of chapter 39 or chapter 63.
122     Section 8.  Subsection (18) of section 381.006, Florida
123Statutes, is amended to read:
124     381.006  Environmental health.-The department shall conduct
125an environmental health program as part of fulfilling the
126state's public health mission. The purpose of this program is to
127detect and prevent disease caused by natural and manmade factors
128in the environment. The environmental health program shall
129include, but not be limited to:
130     (18)  A food service inspection function for domestic
131violence centers that are certified and monitored by the
132Department of Children and Family Services under part XII XIII
133of chapter 39 and group care homes as described in subsection
134(16), which shall be conducted annually and be limited to the
135requirements in department rule applicable to community-based
136residential facilities with five or fewer residents.
137
138The department may adopt rules to carry out the provisions of
139this section.
140     Section 9.  Paragraph (b) of subsection (1) of section
141381.0072, Florida Statutes, is amended to read:
142     381.0072  Food service protection.-It shall be the duty of
143the Department of Health to adopt and enforce sanitation rules
144consistent with law to ensure the protection of the public from
145food-borne illness. These rules shall provide the standards and
146requirements for the storage, preparation, serving, or display
147of food in food service establishments as defined in this
148section and which are not permitted or licensed under chapter
149500 or chapter 509.
150     (1)  DEFINITIONS.-As used in this section, the term:
151     (b)  "Food service establishment" means detention
152facilities, public or private schools, migrant labor camps,
153assisted living facilities, adult family-care homes, adult day
154care centers, short-term residential treatment centers,
155residential treatment facilities, homes for special services,
156transitional living facilities, crisis stabilization units,
157hospices, prescribed pediatric extended care centers,
158intermediate care facilities for persons with developmental
159disabilities, boarding schools, civic or fraternal
160organizations, bars and lounges, vending machines that dispense
161potentially hazardous foods at facilities expressly named in
162this paragraph, and facilities used as temporary food events or
163mobile food units at any facility expressly named in this
164paragraph, where food is prepared and intended for individual
165portion service, including the site at which individual portions
166are provided, regardless of whether consumption is on or off the
167premises and regardless of whether there is a charge for the
168food. The term does not include any entity not expressly named
169in this paragraph; nor does the term include a domestic violence
170center certified and monitored by the Department of Children and
171Family Services under part XII XIII of chapter 39 if the center
172does not prepare and serve food to its residents and does not
173advertise food or drink for public consumption.
174     Section 10.  Paragraph (b) of subsection (2) of section
175390.01114, Florida Statutes, is amended to read:
176     390.01114  Parental Notice of Abortion Act.-
177     (2)  DEFINITIONS.-As used in this section, the term:
178     (b)  "Child abuse" means abandonment, abuse, harm, mental
179injury, neglect, physical injury, or sexual abuse of a child as
180those terms are defined in ss. 39.01, 827.04, and 984.03 has the
181same meaning as s. 39.0015(3).
182     Section 11.  Section 409.1685, Florida Statutes, is amended
183to read:
184     409.1685  Children in foster care; annual report to
185Legislature.-The Department of Children and Family Services
186shall submit a written report to the Governor and the
187Legislature concerning the status of children in foster care and
188the judicial review mandated by part IX X of chapter 39. The
189report shall be submitted by May 1 of each year and must include
190the following information for the prior calendar year:
191     (1)  The number of 6-month and annual judicial reviews
192completed during that period.
193     (2)  The number of children in foster care returned to a
194parent, guardian, or relative as a result of a 6-month or annual
195judicial review hearing during that period.
196     (3)  The number of termination of parental rights
197proceedings instituted during that period, including:
198     (a)  The number of termination of parental rights
199proceedings initiated pursuant to former s. 39.703; and
200     (b)  The total number of terminations of parental rights
201ordered.
202     (4)  The number of foster care children placed for
203adoption.
204     Section 12.  Paragraph (a) of subsection (3) of section
205411.01013, Florida Statutes, is amended to read:
206     411.01013  Prevailing market rate schedule.-
207     (3)  The prevailing market rate schedule, at a minimum,
208must:
209     (a)  Differentiate rates by type, including, but not
210limited to, a child care provider that holds a Gold Seal Quality
211Care designation under s. 402.281, a child care facility
212licensed under s. 402.305, a public or nonpublic school exempt
213from licensure under s. 402.3025, a faith-based child care
214facility exempt from licensure under s. 402.316 that does not
215hold a Gold Seal Quality Care designation, a large family child
216care home licensed under s. 402.3131, or a family day care home
217licensed or registered under s. 402.313, or an after-school
218program that is not defined as child care under rules adopted
219pursuant to s. 402.3045.
220     Section 13.  Paragraph (j) of subsection (2) of section
221753.03, Florida Statutes, is redesignated as paragraph (i), and
222present paragraph (i) of that subsection is amended to read:
223     753.03  Standards for supervised visitation and supervised
224exchange programs.-
225     (2)  The clearinghouse shall use an advisory board to
226assist in developing the standards. The advisory board must
227include:
228     (i)  A representative of the Commission on Marriage and
229Family Support Initiatives.
230     Section 14.  Subsection (4) of section 877.22, Florida
231Statutes, is amended to read:
232     877.22  Minors prohibited in public places and
233establishments during certain hours; penalty; procedure.-
234     (4)  If a minor violates a curfew and is taken into
235custody, the minor shall be transported immediately to a police
236station or to a facility operated by a religious, charitable, or
237civic organization that conducts a curfew program in cooperation
238with a local law enforcement agency. After recording pertinent
239information about the minor, the law enforcement agency shall
240attempt to contact the parent of the minor and, if successful,
241shall request that the parent take custody of the minor and
242shall release the minor to the parent. If the law enforcement
243agency is not able to contact the minor's parent within 2 hours
244after the minor is taken into custody, or if the parent refuses
245to take custody of the minor, the law enforcement agency may
246transport the minor to her or his residence or proceed as
247authorized under part IV V of chapter 39.
248     Section 15.  This act shall take effect July 1, 2011.


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