Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1666
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 13/AD/2R         .                                
             04/25/2014 11:42 AM       .                                

       Senator Detert moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 2418 and 2419
    4  insert:
    5         Section 27. Paragraphs (b), (d), (h), and (i) of subsection
    6  (6) of section 409.175, Florida Statutes, are amended to read:
    7         409.175 Licensure of family foster homes, residential
    8  child-caring agencies, and child-placing agencies; public
    9  records exemption.—
   10         (6)
   11         (b) Upon application, the department shall conduct a
   12  licensing study based on its licensing rules; shall inspect the
   13  home or the agency and the records, including financial records,
   14  of the agency; and shall interview the applicant. The department
   15  may authorize a licensed child-placing agency to conduct the
   16  licensing study of a family foster home to be used exclusively
   17  by that agency and to verify to the department that the home
   18  meets the licensing requirements established by the department.
   19  Upon certification by a licensed child-placing agency that a
   20  family foster home meets the licensing requirements and upon
   21  receipt of a letter from a community-based care lead agency in
   22  the service area where the home will be licensed which indicates
   23  that the family foster home meets the criteria established by
   24  the lead agency, the department shall issue the license. A
   25  letter from the lead agency is not required if the lead agency
   26  where the proposed home is located is directly supervising
   27  foster homes in the same service area.
   28         (d)1. The department may pursue other remedies provided in
   29  this section in addition to denial or revocation of a license
   30  for failure to comply with the screening requirements. The
   31  disciplinary actions determination to be made by the department
   32  and the procedure for hearing for applicants and licensees shall
   33  be in accordance with chapter 120.
   34         2. When the department has reasonable cause to believe that
   35  grounds for denial or termination of employment exist, it shall
   36  notify, in writing, the applicant, licensee, or summer or
   37  recreation camp, and the personnel affected, stating the
   38  specific record that which indicates noncompliance with the
   39  screening requirements.
   40         3. Procedures established for hearing under chapter 120
   41  shall be available to the applicant, licensee, summer day camp,
   42  or summer 24-hour camp, and affected personnel, in order to
   43  present evidence relating either to the accuracy of the basis
   44  for exclusion or to the denial of an exemption from
   45  disqualification. Such procedures may also be used to challenge
   46  a decision by a community-based care lead agency’s refusal to
   47  issue a letter supporting an application for licensure. If the
   48  challenge is to the actions of the community-based care lead
   49  agency, the respondent to the challenge shall be the lead agency
   50  and the department shall be notified of the proceedings.
   51         4. Refusal on the part of an applicant to dismiss personnel
   52  who have been found not to be in compliance with the
   53  requirements for good moral character of personnel shall result
   54  in automatic denial or revocation of license in addition to any
   55  other remedies provided in this section which may be pursued by
   56  the department.
   57         (h) Upon determination that the applicant meets the state
   58  minimum licensing requirements and has obtained a letter from a
   59  community-based care lead agency which indicates that the family
   60  foster home meets the criteria established by the lead agency,
   61  the department shall issue a license without charge to a
   62  specific person or agency at a specific location. A license may
   63  be issued if all the screening materials have been timely
   64  submitted; however, a license may not be issued or renewed if
   65  any person at the home or agency has failed the required
   66  screening. The license is nontransferable. A copy of the license
   67  shall be displayed in a conspicuous place. Except as provided in
   68  paragraph (j), the license is valid for 1 year from the date of
   69  issuance, unless the license is suspended or revoked by the
   70  department or is voluntarily surrendered by the licensee. The
   71  license is the property of the department.
   72         (i) The issuance of a license to operate a family foster
   73  home or agency does not require a lead agency to place a child
   74  with the home or agency. A license issued for the operation of a
   75  family foster home or agency, unless sooner suspended, revoked,
   76  or voluntarily returned, will expire automatically 1 year from
   77  the date of issuance except as provided in paragraph (j). Ninety
   78  days prior to the expiration date, an application for renewal
   79  shall be submitted to the department by a licensee who wishes to
   80  have the license renewed. A license shall be renewed upon the
   81  filing of an application on forms furnished by the department if
   82  the applicant has first met the requirements established under
   83  this section and the rules promulgated hereunder.
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Between lines 113 and 114
   88  insert:
   89         amending s. 409.175, F.S.; revising licensing
   90         requirements and procedures for family foster homes,
   91         residential child-caring agencies, and child-placing
   92         agencies;