Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for HB 977
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .         Floor: SENA3/C         
             05/01/2014 03:09 PM       .      05/02/2014 03:26 PM       
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 13
    4  insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  39.701, Florida Statutes, is amended to read:
    7         39.701 Judicial review.—
    8         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
    9         (a) In addition to the review and report required under
   10  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
   11  a judicial review hearing within 90 days after a child’s 17th
   12  birthday. The court shall also issue an order, separate from the
   13  order on judicial review, that the disability of nonage of the
   14  child has been removed pursuant to ss. 743.045 and 743.047 for
   15  any of these disabilities that the court finds is in the child’s
   16  best interest to remove. The court s. 743.045 and shall continue
   17  to hold timely judicial review hearings. If necessary, the court
   18  may review the status of the child more frequently during the
   19  year before the child’s 18th birthday. At each review hearing
   20  held under this subsection, in addition to any information or
   21  report provided to the court by the foster parent, legal
   22  custodian, or guardian ad litem, the child shall be given the
   23  opportunity to address the court with any information relevant
   24  to the child’s best interest, particularly in relation to
   25  independent living transition services. The department shall
   26  include in the social study report for judicial review written
   27  verification that the child has:
   28         1. A current Medicaid card and all necessary information
   29  concerning the Medicaid program sufficient to prepare the child
   30  to apply for coverage upon reaching the age of 18, if such
   31  application is appropriate.
   32         2. A certified copy of the child’s birth certificate and,
   33  if the child does not have a valid driver license, a Florida
   34  identification card issued under s. 322.051.
   35         3. A social security card and information relating to
   36  social security insurance benefits if the child is eligible for
   37  those benefits. If the child has received such benefits and they
   38  are being held in trust for the child, a full accounting of
   39  these funds must be provided and the child must be informed as
   40  to how to access those funds.
   41         4. All relevant information related to the Road-to
   42  Independence Program, including, but not limited to, eligibility
   43  requirements, information on participation, and assistance in
   44  gaining admission to the program. If the child is eligible for
   45  the Road-to-Independence Program, he or she must be advised that
   46  he or she may continue to reside with the licensed family home
   47  or group care provider with whom the child was residing at the
   48  time the child attained his or her 18th birthday, in another
   49  licensed family home, or with a group care provider arranged by
   50  the department.
   51         5. An open bank account or the identification necessary to
   52  open a bank account and to acquire essential banking and
   53  budgeting skills.
   54         6. Information on public assistance and how to apply for
   55  public assistance.
   56         7. A clear understanding of where he or she will be living
   57  on his or her 18th birthday, how living expenses will be paid,
   58  and the educational program or school in which he or she will be
   59  enrolled.
   60         8. Information related to the ability of the child to
   61  remain in care until he or she reaches 21 years of age under s.
   62  39.013.
   63         9. A letter providing the dates that the child is under the
   64  jurisdiction of the court.
   65         10. A letter stating that the child is in compliance with
   66  financial aid documentation requirements.
   67         11. The child’s educational records.
   68         12. The child’s entire health and mental health records.
   69         13. The process for accessing his or her case file.
   70         14. A statement encouraging the child to attend all
   71  judicial review hearings occurring after the child’s 17th
   72  birthday.
   73         Section 2. Section 409.1454, Florida Statutes, is created
   74  to read:
   75         409.1454 Motor vehicle insurance for children in care.—
   76         (1) The Legislature finds that the costs of driver
   77  education, licensure and costs incidental to licensure, and
   78  motor vehicle insurance for a child in licensed out-of-home care
   79  after such child obtains a driver license creates an additional
   80  barrier to engaging in normal age-appropriate activities and
   81  gaining independence and may limit opportunities for obtaining
   82  employment and completing educational goals. The Legislature
   83  also finds that the completion of an approved driver education
   84  course is necessary to develop safe driving skills.
   85         (2) To the extent that funding is available, the department
   86  shall establish a 3-year pilot program to pay the cost of driver
   87  education, licensure and other costs incidental to licensure,
   88  and motor vehicle insurance for children in licensed out-of-home
   89  care who have successfully completed a driver education program.
   90         (3) If a caregiver, or an individual or not-for-profit
   91  entity approved by the caregiver, adds a child to his or her
   92  existing insurance policy, the amount paid to the caregiver or
   93  approved purchaser may not exceed the increase in cost
   94  attributable to the addition of the child to the policy.
   95         (4) Payment shall be made to eligible recipients in the
   96  order of eligibility until available funds are exhausted.
   97         (5)The department shall contract with a not-for-profit
   98  entity whose mission is to support youth aging out of foster
   99  care to develop procedures for operating and administering the
  100  pilot program, including, but not limited to:
  101         (a) Determining eligibility, including responsibilities for
  102  the child and caregivers.
  103         (b) Developing application and payment forms.
  104         (c) Notifying eligible children, caregivers, group homes,
  105  and residential programs of the pilot program.
  106         (d) Providing technical assistance to lead agencies,
  107  providers, group homes, and residential programs to support
  108  removing obstacles that prevent children in foster care from
  109  driving.
  110  (6) By July 1, 2015, and annually thereafter for the duration of
  111  the pilot program, the department shall submit a report to the
  112  Governor, the President of the Senate, and the Speaker of the
  113  House of Representatives evaluating the success of and outcomes
  114  achieved by the pilot program. The report shall include a
  115  recommendation as to whether the pilot program should be
  116  continued, terminated, or expanded.
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete lines 2 - 3
  121  and insert:
  122         An act relating to motor vehicle insurance and driver
  123         education for children in care; amending s. 39.701,
  124         F.S.; authorizing the court to consider the best
  125         interest of a child in removing specified disabilities
  126         of nonage for certain minors; creating s. 409.1454,
  127         F.S.; providing legislative findings; directing the
  128         Department of Children and Families to establish a
  129         statewide pilot program to pay specified costs of
  130         driver education, licensure and costs incidental to
  131         licensure, and motor vehicle insurance for a child in
  132         licensed out-of-home care who meets certain
  133         qualifications; providing limits of the amount to be
  134         paid; requiring payments to be made in the order of
  135         eligibility until funds are exhausted; requiring the
  136         department to contract with a qualified not-for-profit
  137         entity to operate and develop procedures for the pilot
  138         program; requiring the department to submit an annual
  139         report with recommendations to the Governor and the
  140         Legislature; creating s.