Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1360
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs (Broxson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) through (7) of section 39.0138,
    6  Florida Statutes, are redesignated as subsections (3) through
    7  (8), respectively, present subsections (2) and (3) are amended,
    8  and a new subsection (2) is added to that section, to read:
    9         39.0138 Criminal history and other records checks; limit on
   10  placement of a child.—
   11         (2)(a)The department shall establish rules for granting an
   12  exemption from the fingerprinting requirements under subsection
   13  (1) for a household member who has a physical, developmental, or
   14  cognitive disability that prevents that person from safely
   15  submitting fingerprints.
   16         (b)Before granting an exemption, the department or its
   17  designee shall assess and document the physical, developmental,
   18  or cognitive limitations that justified the exemption and the
   19  effect of such limitations on the safety and well-being of the
   20  child being placed in the home.
   21         (c)If a fingerprint exemption is granted, a level 1
   22  screening pursuant to s. 435.03 shall be completed on the person
   23  who is granted the exemption.
   24         (3)(2) The department may not place a child with a person
   25  other than a parent if the criminal history records check
   26  reveals that the person has been convicted of any felony that
   27  falls within any of the following categories:
   28         (a) Child abuse, abandonment, or neglect;
   29         (b) Domestic violence;
   30         (c) Child pornography or other felony in which a child was
   31  a victim of the offense; or
   32         (d) Homicide, sexual battery, or other felony involving
   33  violence, other than felony assault or felony battery when an
   34  adult was the victim of the assault or battery, or resisting
   35  arrest with violence.
   36         (4)(3) The department may not place a child with a person
   37  other than a parent if the criminal history records check
   38  reveals that the person has, within the previous 5 years, been
   39  convicted of a felony that falls within any of the following
   40  categories:
   41         (a) Assault;
   42         (b) Battery; or
   43         (c) A drug-related offense; or
   44         (d)Resisting arrest with violence.
   45         Section 2. Paragraphs (b) through (f) of subsection (2) of
   46  section 402.305, Florida Statutes, are redesignated as
   47  paragraphs (c) through (g), respectively, paragraph (a) of
   48  subsection (2) is amended, and a new paragraph (b) is added to
   49  that subsection, to read:
   50         402.305 Licensing standards; child care facilities.—
   51         (2) PERSONNEL.—Minimum standards for child care personnel
   52  shall include minimum requirements as to:
   53         (a) Good moral character based upon screening as defined in
   54  s. 402.302(15). This screening shall be conducted as provided in
   55  chapter 435, using the level 2 standards for screening set forth
   56  in that chapter, and shall include employment history checks, a
   57  search of criminal history records, sexual predator and sexual
   58  offender registries, and child abuse and neglect registry of any
   59  state in which the current or prospective child care personnel
   60  resided during the preceding 5 years.
   61         (b)Fingerprint submission for child care personnel, which
   62  shall comply with s. 435.12.
   63         Section 3. Paragraphs (l) and (m) of subsection (2) of
   64  section 409.175, Florida Statutes, are redesignated as
   65  paragraphs (m) and (n), respectively, a new paragraph (l) is
   66  added to that subsection, and paragraph (a) of subsection (6) of
   67  that section is amended, to read:
   68         409.175 Licensure of family foster homes, residential
   69  child-caring agencies, and child-placing agencies; public
   70  records exemption.—
   71         (2) As used in this section, the term:
   72         (l)“Severe disability” means a physical, developmental, or
   73  cognitive limitation affecting an individual’s ability to safely
   74  submit fingerprints.
   75         (6)(a) An application for a license shall be made on forms
   76  provided, and in the manner prescribed, by the department. The
   77  department shall make a determination as to the good moral
   78  character of the applicant based upon screening. The department
   79  may grant an exemption from fingerprinting requirements,
   80  pursuant to s. 39.0138, for an adult household member who has a
   81  severe disability.
   82         Section 4. Paragraph (e) of subsection (1) and subsections
   83  (2) and (4) of section 409.991, Florida Statutes, are amended to
   84  read:
   85         409.991 Allocation of funds for community-based care lead
   86  agencies.—
   87         (1) As used in this section, the term:
   88         (e) “Proportion of children in care” means the proportion
   89  of the number of children in care receiving in-home services
   90  over the most recent 12-month period, the number of children
   91  whose families are receiving family support services over the
   92  most recent 12-month period, and the number of children who have
   93  entered into in out-of-home care with a case management overlay
   94  during the most recent 24-month 12-month period. This
   95  subcomponent shall be weighted as follows:
   96         1.Fifteen percent shall be based on children whose
   97  families are receiving family support services.
   98         2.1.Fifty-five Sixty percent shall be based on children in
   99  out-of-home care.
  100         3.2.Thirty Forty percent shall be based on children in in
  101  home care.
  102         (2) The equity allocation of core services funds shall be
  103  calculated based on the following weights:
  104         (a) Proportion of the child population shall be weighted as
  105  5 percent of the total.;
  106         (b) Proportion of child abuse hotline workload shall be
  107  weighted as 35 15 percent of the total.; and
  108         (c) Proportion of children in care shall be weighted as 60
  109  80 percent of the total.
  110         (4) Unless otherwise specified in the General
  111  Appropriations Act, any new core services funds shall be
  112  allocated based on the equity allocation model as follows:
  113         (a) Seventy Twenty percent of new funding shall be
  114  allocated among all community-based care lead agencies.
  115         (b) Thirty Eighty percent of new funding shall be allocated
  116  among community-based care lead agencies that are funded below
  117  their equitable share. Funds allocated pursuant to this
  118  paragraph shall be weighted based on each community-based care
  119  lead agency’s relative proportion of the total amount of funding
  120  below the equitable share.
  121         Section 5. Subsection (4) of section 435.07, Florida
  122  Statutes, is amended to read:
  123         435.07 Exemptions from disqualification.—Unless otherwise
  124  provided by law, the provisions of this section apply to
  125  exemptions from disqualification for disqualifying offenses
  126  revealed pursuant to background screenings required under this
  127  chapter, regardless of whether those disqualifying offenses are
  128  listed in this chapter or other laws.
  129         (4)(a) Disqualification from employment under this chapter
  130  may not be removed from, nor may an exemption be granted to, any
  131  personnel who is found guilty of, regardless of adjudication, or
  132  who has entered a plea of nolo contendere or guilty to, any
  133  felony covered by s. 435.03 or s. 435.04 solely by reason of any
  134  pardon, executive clemency, or restoration of civil rights.
  135         (b) Disqualification from employment under this chapter may
  136  not be removed from, nor may an exemption be granted to, any
  137  person who is a:
  138         1. Sexual predator as designated pursuant to s. 775.21;
  139         2. Career offender pursuant to s. 775.261; or
  140         3. Sexual offender pursuant to s. 943.0435, unless the
  141  requirement to register as a sexual offender has been removed
  142  pursuant to s. 943.04354.
  143         (c) Disqualification from employment under this chapter may
  144  not be removed from, and an exemption may not be granted to, any
  145  current or prospective child care personnel, as defined in s.
  146  402.302(3), and such a person is disqualified from employment as
  147  child care personnel, regardless of any previous exemptions from
  148  disqualification, if the person has been registered as a sex
  149  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  150  arrested for and is awaiting final disposition of, has been
  151  convicted or found guilty of, or entered a plea of guilty or
  152  nolo contendere to, regardless of adjudication, or has been
  153  adjudicated delinquent and the record has not been sealed or
  154  expunged for, any offense prohibited under any of the following
  155  provisions of state law or a similar law of another
  156  jurisdiction:
  157         1. A felony offense prohibited under any of the following
  158  statutes:
  159         a. Chapter 741, relating to domestic violence.
  160         b. Section 782.04, relating to murder.
  161         c. Section 782.07, relating to manslaughter, aggravated
  162  manslaughter of an elderly person or disabled adult, aggravated
  163  manslaughter of a child, or aggravated manslaughter of an
  164  officer, a firefighter, an emergency medical technician, or a
  165  paramedic.
  166         d. Section 784.021, relating to aggravated assault.
  167         e. Section 784.045, relating to aggravated battery.
  168         f. Section 787.01, relating to kidnapping.
  169         g. Section 787.025, relating to luring or enticing a child.
  170         h. Section 787.04(2), relating to leading, taking,
  171  enticing, or removing a minor beyond the state limits, or
  172  concealing the location of a minor, with criminal intent pending
  173  custody proceedings.
  174         i. Section 787.04(3), relating to leading, taking,
  175  enticing, or removing a minor beyond the state limits, or
  176  concealing the location of a minor, with criminal intent pending
  177  dependency proceedings or proceedings concerning alleged abuse
  178  or neglect of a minor.
  179         j. Section 794.011, relating to sexual battery.
  180         k. Former s. 794.041, relating to sexual activity with or
  181  solicitation of a child by a person in familial or custodial
  182  authority.
  183         l. Section 794.05, relating to unlawful sexual activity
  184  with certain minors.
  185         m. Section 794.08, relating to female genital mutilation.
  186         n. Section 806.01, relating to arson.
  187         o. Section 826.04, relating to incest.
  188         p. Section 827.03, relating to child abuse, aggravated
  189  child abuse, or neglect of a child.
  190         q. Section 827.04, relating to contributing to the
  191  delinquency or dependency of a child.
  192         r. Section 827.071, relating to sexual performance by a
  193  child.
  194         s. Chapter 847, relating to child pornography.
  195         t.Chapter 893, relating to drug abuse prevention and
  196  control.
  197         u.t. Section 985.701, relating to sexual misconduct in
  198  juvenile justice programs.
  199         2. A misdemeanor offense prohibited under any of the
  200  following statutes:
  201         a. Section 784.03, relating to battery, if the victim of
  202  the offense was a minor.
  203         b. Section 787.025, relating to luring or enticing a child.
  204         c. Chapter 847, relating to child pornography.
  205         3. A criminal act committed in another state or under
  206  federal law which, if committed in this state, constitutes an
  207  offense prohibited under any statute listed in subparagraph 1.
  208  or subparagraph 2.
  209         Section 6. Section 402.30501, Florida Statutes, is amended
  210  to read:
  211         402.30501 Modification of introductory child care course
  212  for community college credit authorized.—The Department of
  213  Children and Families may modify the 40-clock-hour introductory
  214  course in child care under s. 402.305 or s. 402.3131 to meet the
  215  requirements of articulating the course to community college
  216  credit. Any modification must continue to provide that the
  217  course satisfies the requirements of s. 402.305(2)(e) s.
  218  402.305(2)(d).
  219         Section 7. Subsection (1) of section 1002.59, Florida
  220  Statutes, is amended to read:
  221         1002.59 Emergent literacy and performance standards
  222  training courses.—
  223         (1) The office shall adopt minimum standards for one or
  224  more training courses in emergent literacy for prekindergarten
  225  instructors. Each course must comprise 5 clock hours and provide
  226  instruction in strategies and techniques to address the age
  227  appropriate progress of prekindergarten students in developing
  228  emergent literacy skills, including oral communication,
  229  knowledge of print and letters, phonemic and phonological
  230  awareness, and vocabulary and comprehension development. Each
  231  course must also provide resources containing strategies that
  232  allow students with disabilities and other special needs to
  233  derive maximum benefit from the Voluntary Prekindergarten
  234  Education Program. Successful completion of an emergent literacy
  235  training course approved under this section satisfies
  236  requirements for approved training in early literacy and
  237  language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
  238  402.313(6), and 402.3131(5).
  239         Section 8. Paragraph (g) of subsection (3) of section
  240  1002.55, Florida Statutes, is amended to read:
  241         1002.55 School-year prekindergarten program delivered by
  242  private prekindergarten providers.—
  243         (3) To be eligible to deliver the prekindergarten program,
  244  a private prekindergarten provider must meet each of the
  245  following requirements:
  246         (g) The private prekindergarten provider must have a
  247  prekindergarten director who has a prekindergarten director
  248  credential that is approved by the office as meeting or
  249  exceeding the minimum standards adopted under s. 1002.57.
  250  Successful completion of a child care facility director
  251  credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
  252  establishment of the prekindergarten director credential under
  253  s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
  254  the requirement for a prekindergarten director credential under
  255  this paragraph.
  256         Section 9. Subsections (3) and (4) of section 1002.57,
  257  Florida Statutes, are amended to read:
  258         1002.57 Prekindergarten director credential.—
  259         (3) The prekindergarten director credential must meet or
  260  exceed the requirements of the Department of Children and
  261  Families for the child care facility director credential under
  262  s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
  263  the prekindergarten director credential satisfies these
  264  requirements for the child care facility director credential.
  265         (4) The department shall, to the maximum extent
  266  practicable, award credit to a person who successfully completes
  267  the child care facility director credential under s.
  268  402.305(2)(g) s. 402.305(2)(f) for those requirements of the
  269  prekindergarten director credential which are duplicative of
  270  requirements for the child care facility director credential.
  271         Section 10. This act shall take effect July 1, 2018.
  273  ================= T I T L E  A M E N D M E N T ================
  274  And the title is amended as follows:
  275         Delete everything before the enacting clause
  276  and insert:
  277                        A bill to be entitled                      
  278         An act relating to child welfare; amending s. 39.0138,
  279         F.S.; requiring the Department of Children and
  280         Families to establish rules for granting exemptions
  281         from criminal history and certain other records checks
  282         required for persons being considered for placement of
  283         a child; requiring level 1 screening for persons
  284         granted such exemption; prohibiting placement of a
  285         child with persons convicted of a certain felony;
  286         amending s. 402.305, F.S.; revising minimum
  287         requirements for child care personnel related to
  288         screening and fingerprinting; amending s. 409.175,
  289         F.S.; defining the term “severe disability” and
  290         providing an exemption from fingerprint requirements
  291         for adult household members with severe disabilities;
  292         amending s. 409.991, F.S.; revising the equity
  293         allocation formula for community-based care lead
  294         agencies; amending s. 435.07, F.S.; revising the
  295         offenses that disqualify certain child care personnel
  296         from specified employment; amending ss. 402.30501,
  297         1002.59, 1002.55, and 1002.57, F.S.; conforming cross
  298         references; providing an effective date.