Florida Senate - 2018                             CS for SB 1360
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Broxson
       586-02910-18                                          20181360c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.0138,
    3         F.S.; requiring the Department of Children and
    4         Families to establish rules for granting exemptions
    5         from criminal history and certain other records checks
    6         required for persons being considered for placement of
    7         a child; requiring level 1 screening for persons
    8         granted such exemption; prohibiting placement of a
    9         child with persons convicted of a certain felony;
   10         amending s. 402.305, F.S.; revising minimum
   11         requirements for child care personnel related to
   12         screening and fingerprinting; amending s. 409.175,
   13         F.S.; defining the term “severe disability” and
   14         providing an exemption from fingerprint requirements
   15         for adult household members with severe disabilities;
   16         amending s. 409.991, F.S.; revising the equity
   17         allocation formula for community-based care lead
   18         agencies; amending s. 435.07, F.S.; revising the
   19         offenses that disqualify certain child care personnel
   20         from specified employment; amending ss. 402.30501,
   21         1002.59, 1002.55, and 1002.57, F.S.; conforming cross
   22         references; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsections (2) through (7) of section 39.0138,
   27  Florida Statutes, are redesignated as subsections (3) through
   28  (8), respectively, present subsections (2) and (3) are amended,
   29  and a new subsection (2) is added to that section, to read:
   30         39.0138 Criminal history and other records checks; limit on
   31  placement of a child.—
   32         (2)(a)The department shall establish rules for granting an
   33  exemption from the fingerprinting requirements under subsection
   34  (1) for a household member who has a physical, developmental, or
   35  cognitive disability that prevents that person from safely
   36  submitting fingerprints.
   37         (b)Before granting an exemption, the department or its
   38  designee shall assess and document the physical, developmental,
   39  or cognitive limitations that justified the exemption and the
   40  effect of such limitations on the safety and well-being of the
   41  child being placed in the home.
   42         (c)If a fingerprint exemption is granted, a level 1
   43  screening pursuant to s. 435.03 shall be completed on the person
   44  who is granted the exemption.
   45         (3)(2) The department may not place a child with a person
   46  other than a parent if the criminal history records check
   47  reveals that the person has been convicted of any felony that
   48  falls within any of the following categories:
   49         (a) Child abuse, abandonment, or neglect;
   50         (b) Domestic violence;
   51         (c) Child pornography or other felony in which a child was
   52  a victim of the offense; or
   53         (d) Homicide, sexual battery, or other felony involving
   54  violence, other than felony assault or felony battery when an
   55  adult was the victim of the assault or battery, or resisting
   56  arrest with violence.
   57         (4)(3) The department may not place a child with a person
   58  other than a parent if the criminal history records check
   59  reveals that the person has, within the previous 5 years, been
   60  convicted of a felony that falls within any of the following
   61  categories:
   62         (a) Assault;
   63         (b) Battery; or
   64         (c) A drug-related offense; or
   65         (d)Resisting arrest with violence.
   66         Section 2. Paragraphs (b) through (f) of subsection (2) of
   67  section 402.305, Florida Statutes, are redesignated as
   68  paragraphs (c) through (g), respectively, paragraph (a) of that
   69  subsection is amended, and a new paragraph (b) is added to that
   70  subsection, to read:
   71         402.305 Licensing standards; child care facilities.—
   72         (2) PERSONNEL.—Minimum standards for child care personnel
   73  shall include minimum requirements as to:
   74         (a) Good moral character based upon screening as defined in
   75  s. 402.302(15). This screening shall be conducted as provided in
   76  chapter 435, using the level 2 standards for screening set forth
   77  in that chapter, and shall include employment history checks, a
   78  search of criminal history records, sexual predator and sexual
   79  offender registries, and child abuse and neglect registry of any
   80  state in which the current or prospective child care personnel
   81  resided during the preceding 5 years.
   82         (b)Fingerprint submission for child care personnel, which
   83  shall comply with s. 435.12.
   84         Section 3. Paragraphs (l) and (m) of subsection (2) of
   85  section 409.175, Florida Statutes, are redesignated as
   86  paragraphs (m) and (n), respectively, a new paragraph (l) is
   87  added to that subsection, and paragraph (a) of subsection (6) of
   88  that section is amended, to read:
   89         409.175 Licensure of family foster homes, residential
   90  child-caring agencies, and child-placing agencies; public
   91  records exemption.—
   92         (2) As used in this section, the term:
   93         (l)“Severe disability” means a physical, developmental, or
   94  cognitive limitation affecting an individual’s ability to safely
   95  submit fingerprints.
   96         (6)(a) An application for a license shall be made on forms
   97  provided, and in the manner prescribed, by the department. The
   98  department shall make a determination as to the good moral
   99  character of the applicant based upon screening. The department
  100  may grant an exemption from fingerprinting requirements,
  101  pursuant to s. 39.0138, for an adult household member who has a
  102  severe disability.
  103         Section 4. Paragraph (e) of subsection (1) and subsections
  104  (2) and (4) of section 409.991, Florida Statutes, are amended to
  105  read:
  106         409.991 Allocation of funds for community-based care lead
  107  agencies.—
  108         (1) As used in this section, the term:
  109         (e) “Proportion of children in care” means the proportion
  110  of the number of children in care receiving in-home services
  111  over the most recent 12-month period, the number of children
  112  whose families are receiving family support services over the
  113  most recent 12-month period, and the number of children who have
  114  entered into in out-of-home care with a case management overlay
  115  during the most recent 24-month 12-month period. This
  116  subcomponent shall be weighted as follows:
  117         1.Fifteen percent shall be based on children whose
  118  families are receiving family support services.
  119         2.1.Fifty-five Sixty percent shall be based on children in
  120  out-of-home care.
  121         3.2.Thirty Forty percent shall be based on children in in
  122  home care.
  123         (2) The equity allocation of core services funds shall be
  124  calculated based on the following weights:
  125         (a) Proportion of the child population shall be weighted as
  126  5 percent of the total.;
  127         (b) Proportion of child abuse hotline workload shall be
  128  weighted as 35 15 percent of the total.; and
  129         (c) Proportion of children in care shall be weighted as 60
  130  80 percent of the total.
  131         (4) Unless otherwise specified in the General
  132  Appropriations Act, any new core services funds shall be
  133  allocated based on the equity allocation model as follows:
  134         (a) Seventy Twenty percent of new funding shall be
  135  allocated among all community-based care lead agencies.
  136         (b) Thirty Eighty percent of new funding shall be allocated
  137  among community-based care lead agencies that are funded below
  138  their equitable share. Funds allocated pursuant to this
  139  paragraph shall be weighted based on each community-based care
  140  lead agency’s relative proportion of the total amount of funding
  141  below the equitable share.
  142         Section 5. Subsection (4) of section 435.07, Florida
  143  Statutes, is amended to read:
  144         435.07 Exemptions from disqualification.—Unless otherwise
  145  provided by law, the provisions of this section apply to
  146  exemptions from disqualification for disqualifying offenses
  147  revealed pursuant to background screenings required under this
  148  chapter, regardless of whether those disqualifying offenses are
  149  listed in this chapter or other laws.
  150         (4)(a) Disqualification from employment under this chapter
  151  may not be removed from, nor may an exemption be granted to, any
  152  personnel who is found guilty of, regardless of adjudication, or
  153  who has entered a plea of nolo contendere or guilty to, any
  154  felony covered by s. 435.03 or s. 435.04 solely by reason of any
  155  pardon, executive clemency, or restoration of civil rights.
  156         (b) Disqualification from employment under this chapter may
  157  not be removed from, nor may an exemption be granted to, any
  158  person who is a:
  159         1. Sexual predator as designated pursuant to s. 775.21;
  160         2. Career offender pursuant to s. 775.261; or
  161         3. Sexual offender pursuant to s. 943.0435, unless the
  162  requirement to register as a sexual offender has been removed
  163  pursuant to s. 943.04354.
  164         (c) Disqualification from employment under this chapter may
  165  not be removed from, and an exemption may not be granted to, any
  166  current or prospective child care personnel, as defined in s.
  167  402.302(3), and such a person is disqualified from employment as
  168  child care personnel, regardless of any previous exemptions from
  169  disqualification, if the person has been registered as a sex
  170  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  171  arrested for and is awaiting final disposition of, has been
  172  convicted or found guilty of, or entered a plea of guilty or
  173  nolo contendere to, regardless of adjudication, or has been
  174  adjudicated delinquent and the record has not been sealed or
  175  expunged for, any offense prohibited under any of the following
  176  provisions of state law or a similar law of another
  177  jurisdiction:
  178         1. A felony offense prohibited under any of the following
  179  statutes:
  180         a. Chapter 741, relating to domestic violence.
  181         b. Section 782.04, relating to murder.
  182         c. Section 782.07, relating to manslaughter, aggravated
  183  manslaughter of an elderly person or disabled adult, aggravated
  184  manslaughter of a child, or aggravated manslaughter of an
  185  officer, a firefighter, an emergency medical technician, or a
  186  paramedic.
  187         d. Section 784.021, relating to aggravated assault.
  188         e. Section 784.045, relating to aggravated battery.
  189         f. Section 787.01, relating to kidnapping.
  190         g. Section 787.025, relating to luring or enticing a child.
  191         h. Section 787.04(2), relating to leading, taking,
  192  enticing, or removing a minor beyond the state limits, or
  193  concealing the location of a minor, with criminal intent pending
  194  custody proceedings.
  195         i. Section 787.04(3), relating to leading, taking,
  196  enticing, or removing a minor beyond the state limits, or
  197  concealing the location of a minor, with criminal intent pending
  198  dependency proceedings or proceedings concerning alleged abuse
  199  or neglect of a minor.
  200         j. Section 794.011, relating to sexual battery.
  201         k. Former s. 794.041, relating to sexual activity with or
  202  solicitation of a child by a person in familial or custodial
  203  authority.
  204         l. Section 794.05, relating to unlawful sexual activity
  205  with certain minors.
  206         m. Section 794.08, relating to female genital mutilation.
  207         n. Section 806.01, relating to arson.
  208         o. Section 826.04, relating to incest.
  209         p. Section 827.03, relating to child abuse, aggravated
  210  child abuse, or neglect of a child.
  211         q. Section 827.04, relating to contributing to the
  212  delinquency or dependency of a child.
  213         r. Section 827.071, relating to sexual performance by a
  214  child.
  215         s. Chapter 847, relating to child pornography.
  216         t.Chapter 893, relating to drug abuse prevention and
  217  control.
  218         u.t. Section 985.701, relating to sexual misconduct in
  219  juvenile justice programs.
  220         2. A misdemeanor offense prohibited under any of the
  221  following statutes:
  222         a. Section 784.03, relating to battery, if the victim of
  223  the offense was a minor.
  224         b. Section 787.025, relating to luring or enticing a child.
  225         c. Chapter 847, relating to child pornography.
  226         3. A criminal act committed in another state or under
  227  federal law which, if committed in this state, constitutes an
  228  offense prohibited under any statute listed in subparagraph 1.
  229  or subparagraph 2.
  230         Section 6. Section 402.30501, Florida Statutes, is amended
  231  to read:
  232         402.30501 Modification of introductory child care course
  233  for community college credit authorized.—The Department of
  234  Children and Families may modify the 40-clock-hour introductory
  235  course in child care under s. 402.305 or s. 402.3131 to meet the
  236  requirements of articulating the course to community college
  237  credit. Any modification must continue to provide that the
  238  course satisfies the requirements of s. 402.305(2)(e) s.
  239  402.305(2)(d).
  240         Section 7. Subsection (1) of section 1002.59, Florida
  241  Statutes, is amended to read:
  242         1002.59 Emergent literacy and performance standards
  243  training courses.—
  244         (1) The office shall adopt minimum standards for one or
  245  more training courses in emergent literacy for prekindergarten
  246  instructors. Each course must comprise 5 clock hours and provide
  247  instruction in strategies and techniques to address the age
  248  appropriate progress of prekindergarten students in developing
  249  emergent literacy skills, including oral communication,
  250  knowledge of print and letters, phonemic and phonological
  251  awareness, and vocabulary and comprehension development. Each
  252  course must also provide resources containing strategies that
  253  allow students with disabilities and other special needs to
  254  derive maximum benefit from the Voluntary Prekindergarten
  255  Education Program. Successful completion of an emergent literacy
  256  training course approved under this section satisfies
  257  requirements for approved training in early literacy and
  258  language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
  259  402.313(6), and 402.3131(5).
  260         Section 8. Paragraph (g) of subsection (3) of section
  261  1002.55, Florida Statutes, is amended to read:
  262         1002.55 School-year prekindergarten program delivered by
  263  private prekindergarten providers.—
  264         (3) To be eligible to deliver the prekindergarten program,
  265  a private prekindergarten provider must meet each of the
  266  following requirements:
  267         (g) The private prekindergarten provider must have a
  268  prekindergarten director who has a prekindergarten director
  269  credential that is approved by the office as meeting or
  270  exceeding the minimum standards adopted under s. 1002.57.
  271  Successful completion of a child care facility director
  272  credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
  273  establishment of the prekindergarten director credential under
  274  s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
  275  the requirement for a prekindergarten director credential under
  276  this paragraph.
  277         Section 9. Subsections (3) and (4) of section 1002.57,
  278  Florida Statutes, are amended to read:
  279         1002.57 Prekindergarten director credential.—
  280         (3) The prekindergarten director credential must meet or
  281  exceed the requirements of the Department of Children and
  282  Families for the child care facility director credential under
  283  s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
  284  the prekindergarten director credential satisfies these
  285  requirements for the child care facility director credential.
  286         (4) The department shall, to the maximum extent
  287  practicable, award credit to a person who successfully completes
  288  the child care facility director credential under s.
  289  402.305(2)(g) s. 402.305(2)(f) for those requirements of the
  290  prekindergarten director credential which are duplicative of
  291  requirements for the child care facility director credential.
  292         Section 10. This act shall take effect July 1, 2018.