Florida Senate - 2018 CS for SB 1360
By the Committee on Children, Families, and Elder Affairs; and
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.
(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
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
106 409.991 Allocation of funds for community-based care lead
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
178 1. A felony offense prohibited under any of the following
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
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
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
215 s. Chapter 847, relating to child pornography.
216 t. Chapter 893, relating to drug abuse prevention and
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.
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.