Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1360
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Health and Human Services)
1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.01,
3 F.S.; revising the definition of the term “abuse”;
4 amending s. 39.0138, F.S.; requiring the Department of
5 Children and Families to establish rules for granting
6 exemptions from criminal history and certain other
7 records checks required for persons being considered
8 for placement of a child; requiring the department or
9 its designee to assess the limitations that justify
10 the exemption and the limitation’s effects on the
11 child before granting the exemption; requiring level 1
12 screening for persons granted such exemption;
13 prohibiting placement of a child with persons
14 convicted of a certain felony; amending s. 39.3065,
15 F.S.; requiring the Sheriff of Walton County to
16 provide all child protective investigations in the
17 county beginning with a specified fiscal year;
18 amending s. 39.6012, F.S.; requiring parents to make
19 proactive contact with the department or contracted
20 case management agency at regular intervals; amending
21 s. 39.6013, F.S.; requiring the court to consider
22 certain case details before amending a case plan;
23 amending s. 39.621, F.S.; requiring the court, during
24 permanency hearings, to determine case plan
25 compliance; amending s. 39.701, F.S.; requiring the
26 court, during judicial review hearings, to determine
27 case plan compliance; amending s. 63.092, F.S.;
28 requiring the department to release specified records
29 to entities conducting preliminary home studies;
30 providing that certain specified training is required
31 only for persons who adopt children from the
32 department; amending s. 402.305, F.S.; revising
33 minimum requirements for child care personnel related
34 to screening and fingerprinting; requiring child care
35 facilities to provide information during specified
36 months to parents intended to prevent children from
37 being left in vehicles; requiring the department to
38 develop a flyer or brochure containing specified
39 information; specifying the minimum standards the
40 department must adopt regarding transportation of
41 children by child care facilities; specifying that a
42 child care facility is not responsible for children
43 when they are transported by a parent or guardian;
44 amending ss. 402.313 and 402.3131, F.S.; requiring
45 family day care homes and large family child care
46 homes to provide information during specified months
47 to parents intended to prevent children from being
48 left in vehicles; requiring the department to develop
49 a flyer or brochure containing specified information;
50 amending s. 409.175, F.S.; defining the term “severe
51 disability” and providing an exemption from
52 fingerprint requirements for adult household members
53 with severe disabilities; amending s. 409.991, F.S.;
54 revising the equity allocation formula for community
55 based care lead agencies; amending s. 435.07, F.S.;
56 revising the offenses that disqualify certain child
57 care personnel from specified employment; amending ss.
58 402.30501, 1002.55, 1002.57, and 1002.59, F.S.;
59 conforming cross-references; providing a directive to
60 the Division of Law Revision and Information;
61 providing an effective date.
63 Be It Enacted by the Legislature of the State of Florida:
65 Section 1. Subsection (2) of section 39.01, Florida
66 Statutes, is amended to read:
67 39.01 Definitions.—When used in this chapter, unless the
68 context otherwise requires:
69 (2) “Abuse” means any willful act or threatened act that
70 results in any physical, mental, or sexual abuse, injury, or
71 harm that causes or is likely to cause the child’s physical,
72 mental, or emotional health to be significantly impaired. Abuse
73 of a child includes the birth of a new child into a family
74 during the course of an open dependency case when the parent or
75 caregiver has been determined to lack the protective capacity to
76 safely care for the children in the home and has not
77 substantially complied with the case plan towards successful
78 reunification or met the conditions for return of the children
79 into the home. Abuse of a child includes acts or omissions.
80 Corporal discipline of a child by a parent or legal custodian
81 for disciplinary purposes does not in itself constitute abuse
82 when it does not result in harm to the child.
83 Section 2. Subsections (2) through (7) of section 39.0138,
84 Florida Statutes, are renumbered as subsections (3) through (8),
85 respectively, present subsections (2) and (3) are amended, and a
86 new subsection (2) is added to that section, to read:
87 39.0138 Criminal history and other records checks; limit on
88 placement of a child.—
89 (2)(a) The department shall establish rules for granting an
90 exemption from the fingerprinting requirements under subsection
91 (1) for a household member who has a physical, developmental, or
92 cognitive disability that prevents that person from safely
93 submitting fingerprints.
94 (b) Before granting an exemption, the department or its
95 designee shall assess and document the physical, developmental,
96 or cognitive limitations that justify the exemption and the
97 effect of such limitations on the safety and well-being of the
98 child being placed in the home.
99 (c) If a fingerprint exemption is granted, a level 1
100 screening pursuant to s. 435.03 shall be completed on the person
101 who is granted the exemption.
(2) The department may not place a child with a person
103 other than a parent if the criminal history records check
104 reveals that the person has been convicted of any felony that
105 falls within any of the following categories:
106 (a) Child abuse, abandonment, or neglect;
107 (b) Domestic violence;
108 (c) Child pornography or other felony in which a child was
109 a victim of the offense; or
110 (d) Homicide, sexual battery, or other felony involving
111 violence, other than felony assault or felony battery when an
112 adult was the victim of the assault or battery, or resisting
113 arrest with violence.
114 (4) (3) The department may not place a child with a person
115 other than a parent if the criminal history records check
116 reveals that the person has, within the previous 5 years, been
117 convicted of a felony that falls within any of the following
119 (a) Assault;
120 (b) Battery; or
121 (c) A drug-related offense; or
122 (d) Resisting arrest with violence.
123 Section 3. Paragraph (a) of subsection (3) of section
124 39.3065, Florida Statutes, is amended to read:
125 39.3065 Sheriffs of certain counties to provide child
126 protective investigative services; procedures; funding.—
127 (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of
128 Pasco County, Manatee County, Broward County, and Pinellas
129 County shall have the responsibility to provide all child
130 protective investigations in their respective counties.
131 Beginning in fiscal year 2018-2019, the Sheriff of Walton County
132 shall provide all child protective investigations in his or her
133 county. Beginning in fiscal year 2000-2001, the Department of
134 Children and Families is authorized to enter into grant
135 agreements with sheriffs of other counties to perform child
136 protective investigations in their respective counties.
137 Section 4. Paragraph (d) is added to subsection (1) of
138 section 39.6012, Florida Statutes, to read:
139 39.6012 Case plan tasks; services.—
140 (1) The services to be provided to the parent and the tasks
141 that must be completed are subject to the following:
142 (d) Parents must provide accurate contact information to
143 the department or the contracted case management agency, update
144 such information as appropriate, and make proactive contact with
145 the department or the contracted case management agency at least
146 every 14 calendar days to provide information on the status of
147 case plan task completion, barriers to completion, and plans
148 toward reunification.
149 Section 5. Subsections (6) and (7) of section 39.6013,
150 Florida Statutes, are renumbered as subsections (7) and (8),
151 respectively, and a new subsection (6) is added to that section,
152 to read:
153 39.6013 Case plan amendments.—
154 (6) When determining whether to amend the case plan, the
155 court must consider the length of time the case has been open,
156 the level of parental engagement to date, the number of case
157 plan tasks completed, the child’s type of placement and
158 attachment, and the potential for successful reunification.
159 Section 6. Subsection (5) of section 39.621, Florida
160 Statutes, is amended to read:
161 39.621 Permanency determination by the court.—
162 (5) At the permanency hearing, the court shall determine:
163 (a) Whether the current permanency goal for the child is
164 appropriate or should be changed;
165 (b) When the child will achieve one of the permanency
166 goals; and
167 (c) Whether the department has made reasonable efforts to
168 finalize the permanency plan currently in effect; and
169 (d) Whether the frequency, duration, manner, and level of
170 engagement of the parent or legal guardian’s visitation with the
171 child meets the case plan requirements.
172 Section 7. Paragraph (d) of subsection (2) of section
173 39.701, Florida Statutes, is amended to read:
174 39.701 Judicial review.—
175 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
177 (d) Orders.—
178 1. Based upon the criteria set forth in paragraph (c) and
179 the recommended order of the citizen review panel, if any, the
180 court shall determine whether or not the social service agency
181 shall initiate proceedings to have a child declared a dependent
182 child, return the child to the parent, continue the child in
183 out-of-home care for a specified period of time, or initiate
184 termination of parental rights proceedings for subsequent
185 placement in an adoptive home. Amendments to the case plan must
186 be prepared as prescribed in s. 39.6013. If the court finds that
187 the prevention or reunification efforts of the department will
188 allow the child to remain safely at home or be safely returned
189 to the home, the court shall allow the child to remain in or
190 return to the home after making a specific finding of fact that
191 the reasons for the creation of the case plan have been remedied
192 to the extent that the child’s safety, well-being, and physical,
193 mental, and emotional health will not be endangered.
194 2. The court shall return the child to the custody of the
195 parents at any time it determines that they have substantially
196 complied with the case plan, if the court is satisfied that
197 reunification will not be detrimental to the child’s safety,
198 well-being, and physical, mental, and emotional health.
199 3. If, in the opinion of the court, the social service
200 agency has not complied with its obligations as specified in the
201 written case plan, the court may find the social service agency
202 in contempt, shall order the social service agency to submit its
203 plans for compliance with the agreement, and shall require the
204 social service agency to show why the child could not safely be
205 returned to the home of the parents.
206 4. If, at any judicial review, the court finds that the
207 parents have failed to substantially comply with the case plan
208 to the degree that further reunification efforts are without
209 merit and not in the best interest of the child, on its own
210 motion, the court may order the filing of a petition for
211 termination of parental rights, whether or not the time period
212 as contained in the case plan for substantial compliance has
214 5. Within 6 months after the date that the child was placed
215 in shelter care, the court shall conduct a judicial review
216 hearing to review the child’s permanency goal as identified in
217 the case plan. At the hearing the court shall make findings
218 regarding the likelihood of the child’s reunification with the
219 parent or legal custodian. In making such findings, the court
220 shall consider the level of the parent or legal custodian’s
221 compliance with the case plan and demonstrated change in
222 protective capacities compared to that necessary to achieve
223 timely reunification within 12 months after the removal of the
224 child from the home. The court shall also consider the
225 frequency, duration, manner, and level of engagement of the
226 parent or legal custodian’s visitation with the child in
227 compliance with the case plan. If the court makes a written
228 finding that it is not likely that the child will be reunified
229 with the parent or legal custodian within 12 months after the
230 child was removed from the home, the department must file with
231 the court, and serve on all parties, a motion to amend the case
232 plan under s. 39.6013 and declare that it will use concurrent
233 planning for the case plan. The department must file the motion
234 within 10 business days after receiving the written finding of
235 the court. The department must attach the proposed amended case
236 plan to the motion. If concurrent planning is already being
237 used, the case plan must document the efforts the department is
238 taking to complete the concurrent goal.
239 6. The court may issue a protective order in assistance, or
240 as a condition, of any other order made under this part. In
241 addition to the requirements included in the case plan, the
242 protective order may set forth requirements relating to
243 reasonable conditions of behavior to be observed for a specified
244 period of time by a person or agency who is before the court;
245 and the order may require any person or agency to make periodic
246 reports to the court containing such information as the court in
247 its discretion may prescribe.
248 Section 8. Paragraphs (b) and (e) of subsection (3) of
249 section 63.092, Florida Statutes, are amended to read:
250 63.092 Report to the court of intended placement by an
251 adoption entity; at-risk placement; preliminary study.—
252 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
253 intended adoptive home, a preliminary home study must be
254 performed by a licensed child-placing agency, a child-caring
255 agency registered under s. 409.176, a licensed professional, or
256 an agency described in s. 61.20(2), unless the adoptee is an
257 adult or the petitioner is a stepparent or a relative. If the
258 adoptee is an adult or the petitioner is a stepparent or a
259 relative, a preliminary home study may be required by the court
260 for good cause shown. The department is required to perform the
261 preliminary home study only if there is no licensed child
262 placing agency, child-caring agency registered under s. 409.176,
263 licensed professional, or agency described in s. 61.20(2), in
264 the county where the prospective adoptive parents reside. The
265 preliminary home study must be made to determine the suitability
266 of the intended adoptive parents and may be completed prior to
267 identification of a prospective adoptive minor. A favorable
268 preliminary home study is valid for 1 year after the date of its
269 completion. Upon its completion, a signed copy of the home study
270 must be provided to the intended adoptive parents who were the
271 subject of the home study. A minor may not be placed in an
272 intended adoptive home before a favorable preliminary home study
273 is completed unless the adoptive home is also a licensed foster
274 home under s. 409.175. The preliminary home study must include,
275 at a minimum:
276 (b) Records checks of the department’s central abuse
277 registry, which the department shall provide to the entity
278 conducting the preliminary home study, and criminal records
279 correspondence checks under s. 39.0138 through the Department of
280 Law Enforcement on the intended adoptive parents;
281 (e) Documentation of counseling and education of the
282 intended adoptive parents on adoptive parenting, as determined
283 by the entity conducting the preliminary home study. The
284 training specified in s. 409.175(14) shall only be required for
285 persons who adopt children from the department;
287 If the preliminary home study is favorable, a minor may be
288 placed in the home pending entry of the judgment of adoption. A
289 minor may not be placed in the home if the preliminary home
290 study is unfavorable. If the preliminary home study is
291 unfavorable, the adoption entity may, within 20 days after
292 receipt of a copy of the written recommendation, petition the
293 court to determine the suitability of the intended adoptive
294 home. A determination as to suitability under this subsection
295 does not act as a presumption of suitability at the final
296 hearing. In determining the suitability of the intended adoptive
297 home, the court must consider the totality of the circumstances
298 in the home. A minor may not be placed in a home in which there
299 resides any person determined by the court to be a sexual
300 predator as defined in s. 775.21 or to have been convicted of an
301 offense listed in s. 63.089(4)(b)2.
302 Section 9. Paragraphs (b) through (f) of subsection (2) of
303 section 402.305, Florida Statutes, are redesignated as
304 paragraphs (c) through (g), respectively, paragraph (a) of
305 subsection (2) and subsections (9) and (10) are amended, and a
306 new paragraph (b) is added to that subsection (2), to read:
307 402.305 Licensing standards; child care facilities.—
308 (2) PERSONNEL.—Minimum standards for child care personnel
309 shall include minimum requirements as to:
310 (a) Good moral character based upon screening as defined in
311 s. 402.302(15). This screening shall be conducted as provided in
312 chapter 435, using the level 2 standards for screening set forth
313 in that chapter, and must include employment history checks, a
314 search of criminal history records, sexual predator and sexual
315 offender registries, and child abuse and neglect registry of any
316 state in which the current or prospective child care personnel
317 resided during the preceding 5 years.
318 (b) Fingerprint submission for child care personnel, which
319 shall comply with s. 435.12.
320 (9) ADMISSIONS AND RECORDKEEPING.—
321 (a) Minimum standards shall include requirements for
322 preadmission and periodic health examinations, requirements for
323 immunizations, and requirements for maintaining emergency
324 information and health records on all children.
325 (b) During the months of August and September of each year,
326 each child care facility shall provide parents of children
327 enrolled in the facility detailed information regarding the
328 causes, symptoms, and transmission of the influenza virus in an
329 effort to educate those parents regarding the importance of
330 immunizing their children against influenza as recommended by
331 the Advisory Committee on Immunization Practices of the Centers
332 for Disease Control and Prevention.
333 (c) During the months of April and September of each year,
334 at a minimum, each facility shall provide parents of children
335 enrolled in the facility with information regarding the
336 potential for a distracted adult to fail to drop off a child at
337 the facility and instead leave the child in the adult’s vehicle
338 upon arrival at the adult’s destination. The child care facility
339 shall also give parents information about resources with
340 suggestions to avoid this occurrence. The department shall
341 develop a flyer or brochure with this information, which shall
342 be posted to the department’s website, which child care
343 facilities may choose to reproduce and provide to parents to
344 satisfy the requirements of this paragraph.
345 (d) (c) Because of the nature and duration of drop-in child
346 care, requirements for preadmission and periodic health
347 examinations and requirements for medically signed records of
348 immunization required for child care facilities shall not apply.
349 A parent of a child in drop-in child care shall, however, be
350 required to attest to the child’s health condition and the type
351 and current status of the child’s immunizations.
352 (e) (d) Any child shall be exempt from medical or physical
353 examination or medical or surgical treatment upon written
354 request of the parent or guardian of such child who objects to
355 the examination and treatment. However, the laws, rules, and
356 regulations relating to contagious or communicable diseases and
357 sanitary matters shall not be violated because of any exemption
358 from or variation of the health and immunization minimum
360 (10) TRANSPORTATION SAFETY.—Minimum standards shall include
361 requirements for child restraints or seat belts in vehicles used
362 by child care facilities and large family child care homes to
363 transport children, requirements for annual inspections of the
364 vehicles, limitations on the number of children in the vehicles,
365 procedures to avoid leaving children in vehicles when
366 transported by the facility, and accountability for children
367 being transported by the child care facility. A child care
368 facility is not responsible for children when they are
369 transported by a parent or guardian.
370 Section 10. Section 402.30501, Florida Statutes, is amended
371 to read:
372 402.30501 Modification of introductory child care course
373 for community college credit authorized.—The Department of
374 Children and Families may modify the 40-clock-hour introductory
375 course in child care under s. 402.305 or s. 402.3131 to meet the
376 requirements of articulating the course to community college
377 credit. Any modification must continue to provide that the
378 course satisfies the requirements of s. 402.305(2)(e) s.
380 Section 11. Subsection (15) is added to section 402.313,
381 Florida Statutes, to read:
382 402.313 Family day care homes.—
383 (15) During the months of April and September of each year,
384 at a minimum, each family day care home shall provide parents of
385 children attending the family day care home with information
386 regarding the potential for a distracted adult to fail to drop
387 off a child at the family day care home and instead leave the
388 child in the adult’s vehicle upon arrival at the adult’s
389 destination. The family day care home shall also give parents
390 information about resources with suggestions to avoid this
391 occurrence. The department shall develop a flyer or brochure
392 with this information, which shall be posted to the department’s
393 website, which family day care homes may choose to reproduce and
394 provide to parents to satisfy the requirements of this
396 Section 12. Subsection (10) is added to section 402.3131,
397 Florida Statutes, to read:
398 402.3131 Large family child care homes.—
399 (10) During the months of April and September of each year,
400 at a minimum, each large family child care home shall provide
401 parents of children attending the large family child care home
402 with information regarding the potential for a distracted adult
403 to fail to drop off a child at the large family child care home
404 and instead leave the child in the adult’s vehicle upon arrival
405 at the adult’s destination. The large family child care home
406 shall also give parents information about resources with
407 suggestions to avoid this occurrence. The department shall
408 develop a flyer or brochure with this information, which shall
409 be posted to the department’s website, which large family child
410 care homes may choose to reproduce and provide to parents to
411 satisfy the requirements of this subsection.
412 Section 13. Paragraphs (l) and (m) of subsection (2) of
413 section 409.175, Florida Statutes, are redesignated as
414 paragraphs (m) and (n), respectively, a new paragraph (l) is
415 added to that subsection, and paragraph (a) of subsection (6) of
416 that section is amended, to read:
417 409.175 Licensure of family foster homes, residential
418 child-caring agencies, and child-placing agencies; public
419 records exemption.—
420 (2) As used in this section, the term:
421 (l) “Severe disability” means a physical, developmental, or
422 cognitive limitation affecting an individual’s ability to safely
423 submit fingerprints.
424 (6)(a) An application for a license shall be made on forms
425 provided, and in the manner prescribed, by the department. The
426 department shall make a determination as to the good moral
427 character of the applicant based upon screening. The department
428 may grant an exemption from fingerprinting requirements,
429 pursuant to s. 39.0138, for an adult household member who has a
430 severe disability.
431 Section 14. Paragraph (e) of subsection (1) and subsections
432 (2) and (4) of section 409.991, Florida Statutes, are amended to
434 409.991 Allocation of funds for community-based care lead
436 (1) As used in this section, the term:
437 (e) “Proportion of children in care” means the proportion
438 of the number of children in care receiving in-home services
439 over the most recent 12-month period, the number of children
440 whose families were receiving family support services during the
441 most recent 12-month period, and the number of children who have
442 entered into in out-of-home care with a case management overlay
443 during the most recent 24-month 12-month period. This
444 subcomponent shall be weighted as follows:
445 1. Fifteen percent shall be based on children whose
446 families are receiving family support services.
447 2. 1. Fifty-five Sixty percent shall be based on children in
448 out-of-home care.
449 3. 2. Thirty Forty percent shall be based on children in in
450 home care.
451 (2) The equity allocation of core services funds shall be
452 calculated based on the following weights:
453 (a) Proportion of the child population shall be weighted as
454 5 percent of the total. ;
455 (b) Proportion of child abuse hotline workload shall be
456 weighted as 35 15 percent of the total. ; and
457 (c) Proportion of children in care shall be weighted as 60
458 80 percent of the total.
459 (4) Unless otherwise specified in the General
460 Appropriations Act, any new core services funds shall be
461 allocated based on the equity allocation model as follows:
462 (a) Seventy Twenty percent of new funding shall be
463 allocated among all community-based care lead agencies.
464 (b) Thirty Eighty percent of new funding shall be allocated
465 among community-based care lead agencies that are funded below
466 their equitable share. Funds allocated pursuant to this
467 paragraph shall be weighted based on each community-based care
468 lead agency’s relative proportion of the total amount of funding
469 below the equitable share.
470 Section 15. Subsection (4) of section 435.07, Florida
471 Statutes, is amended to read:
472 435.07 Exemptions from disqualification.—Unless otherwise
473 provided by law, the provisions of this section apply to
474 exemptions from disqualification for disqualifying offenses
475 revealed pursuant to background screenings required under this
476 chapter, regardless of whether those disqualifying offenses are
477 listed in this chapter or other laws.
478 (4)(a) Disqualification from employment under this chapter
479 may not be removed from, nor may an exemption be granted to, any
480 personnel who is found guilty of, regardless of adjudication, or
481 who has entered a plea of nolo contendere or guilty to, any
482 felony covered by s. 435.03 or s. 435.04 solely by reason of any
483 pardon, executive clemency, or restoration of civil rights.
484 (b) Disqualification from employment under this chapter may
485 not be removed from, nor may an exemption be granted to, any
486 person who is a:
487 1. Sexual predator as designated pursuant to s. 775.21;
488 2. Career offender pursuant to s. 775.261; or
489 3. Sexual offender pursuant to s. 943.0435, unless the
490 requirement to register as a sexual offender has been removed
491 pursuant to s. 943.04354.
492 (c) Disqualification from employment under this chapter may
493 not be removed from, and an exemption may not be granted to, any
494 current or prospective child care personnel, as defined in s.
495 402.302(3), and such a person is disqualified from employment as
496 child care personnel, regardless of any previous exemptions from
497 disqualification, if the person has been registered as a sex
498 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
499 arrested for and is awaiting final disposition of, has been
500 convicted or found guilty of, or entered a plea of guilty or
501 nolo contendere to, regardless of adjudication, or has been
502 adjudicated delinquent and the record has not been sealed or
503 expunged for, any offense prohibited under any of the following
504 provisions of state law or a similar law of another
506 1. A felony offense prohibited under any of the following
508 a. Chapter 741, relating to domestic violence.
509 b. Section 782.04, relating to murder.
510 c. Section 782.07, relating to manslaughter, aggravated
511 manslaughter of an elderly person or disabled adult, aggravated
512 manslaughter of a child, or aggravated manslaughter of an
513 officer, a firefighter, an emergency medical technician, or a
515 d. Section 784.021, relating to aggravated assault.
516 e. Section 784.045, relating to aggravated battery.
517 f. Section 787.01, relating to kidnapping.
518 g. Section 787.025, relating to luring or enticing a child.
519 h. Section 787.04(2), relating to leading, taking,
520 enticing, or removing a minor beyond the state limits, or
521 concealing the location of a minor, with criminal intent pending
522 custody proceedings.
523 i. Section 787.04(3), relating to leading, taking,
524 enticing, or removing a minor beyond the state limits, or
525 concealing the location of a minor, with criminal intent pending
526 dependency proceedings or proceedings concerning alleged abuse
527 or neglect of a minor.
528 j. Section 794.011, relating to sexual battery.
529 k. Former s. 794.041, relating to sexual activity with or
530 solicitation of a child by a person in familial or custodial
532 l. Section 794.05, relating to unlawful sexual activity
533 with certain minors.
534 m. Section 794.08, relating to female genital mutilation.
535 n. Section 806.01, relating to arson.
536 o. Section 826.04, relating to incest.
537 p. Section 827.03, relating to child abuse, aggravated
538 child abuse, or neglect of a child.
539 q. Section 827.04, relating to contributing to the
540 delinquency or dependency of a child.
541 r. Section 827.071, relating to sexual performance by a
543 s. Chapter 847, relating to child pornography.
544 t. Chapter 893, relating to a drug abuse prevention and
545 control offense, if that offense was committed in the preceding
546 5 years.
547 u. t. Section 985.701, relating to sexual misconduct in
548 juvenile justice programs.
549 2. A misdemeanor offense prohibited under any of the
550 following statutes:
551 a. Section 784.03, relating to battery, if the victim of
552 the offense was a minor.
553 b. Section 787.025, relating to luring or enticing a child.
554 c. Chapter 847, relating to child pornography.
555 3. A criminal act committed in another state or under
556 federal law which, if committed in this state, constitutes an
557 offense prohibited under any statute listed in subparagraph 1.
558 or subparagraph 2.
559 Section 16. Paragraph (g) of subsection (3) of section
560 1002.55, Florida Statutes, is amended to read:
561 1002.55 School-year prekindergarten program delivered by
562 private prekindergarten providers.—
563 (3) To be eligible to deliver the prekindergarten program,
564 a private prekindergarten provider must meet each of the
565 following requirements:
566 (g) The private prekindergarten provider must have a
567 prekindergarten director who has a prekindergarten director
568 credential that is approved by the office as meeting or
569 exceeding the minimum standards adopted under s. 1002.57.
570 Successful completion of a child care facility director
571 credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
572 establishment of the prekindergarten director credential under
573 s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
574 the requirement for a prekindergarten director credential under
575 this paragraph.
576 Section 17. Subsections (3) and (4) of section 1002.57,
577 Florida Statutes, are amended to read:
578 1002.57 Prekindergarten director credential.—
579 (3) The prekindergarten director credential must meet or
580 exceed the requirements of the Department of Children and
581 Families for the child care facility director credential under
582 s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
583 the prekindergarten director credential satisfies these
584 requirements for the child care facility director credential.
585 (4) The department shall, to the maximum extent
586 practicable, award credit to a person who successfully completes
587 the child care facility director credential under s.
588 402.305(2)(g) s. 402.305(2)(f) for those requirements of the
589 prekindergarten director credential which are duplicative of
590 requirements for the child care facility director credential.
591 Section 18. Subsection (1) of section 1002.59, Florida
592 Statutes, is amended to read:
593 1002.59 Emergent literacy and performance standards
594 training courses.—
595 (1) The office shall adopt minimum standards for one or
596 more training courses in emergent literacy for prekindergarten
597 instructors. Each course must comprise 5 clock hours and provide
598 instruction in strategies and techniques to address the age
599 appropriate progress of prekindergarten students in developing
600 emergent literacy skills, including oral communication,
601 knowledge of print and letters, phonemic and phonological
602 awareness, and vocabulary and comprehension development. Each
603 course must also provide resources containing strategies that
604 allow students with disabilities and other special needs to
605 derive maximum benefit from the Voluntary Prekindergarten
606 Education Program. Successful completion of an emergent literacy
607 training course approved under this section satisfies
608 requirements for approved training in early literacy and
609 language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
610 402.313(6), and 402.3131(5).
611 Section 19. The Division of Law Revision and Information is
612 directed to prepare, with the assistance of the staffs of the
613 appropriate substantive committees of the House of
614 Representatives and the Senate, a reviser’s bill for the 2019
615 Regular Session of the Legislature to capitalize the first
616 letter of each word of the term “child protection team” wherever
617 it occurs in Florida Statutes.
618 Section 20. This act shall take effect July 1, 2018.