Florida Senate - 2020                                    SB 1348
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01685-20                                           20201348__
    1                        A bill to be entitled                      
    2         An act relating to the temporary care of a child;
    3         providing a short title; defining terms; requiring a
    4         certain organization to provide the Department of
    5         Revenue with an annual written certification
    6         demonstrating its status as an eligible charitable
    7         organization for certain purposes; providing
    8         requirements for such certification; requiring the
    9         department to review such certification and notify the
   10         organization of its determination; authorizing the
   11         department to request recertification from such
   12         organization; requiring the department to compile and
   13         make available to the public a list of eligible
   14         charitable organizations; providing the tax credit cap
   15         amount for a specified state fiscal year; providing
   16         for the increase of the tax credit cap amount under
   17         certain circumstances; requiring the department to
   18         publish on its website the tax credit cap amount if
   19         increased; authorizing a taxpayer to submit an
   20         application to the department requesting certain tax
   21         credits; providing requirements for the tax credit
   22         application; requiring the department to provide a
   23         copy of its approval or denial letter of the
   24         application to the eligible charitable organization
   25         specified in the application within a specified
   26         timeframe; authorizing certain tax credits to be
   27         carried forward under certain circumstances;
   28         prohibiting a taxpayer from conveying, assigning, or
   29         transferring certain tax credits under certain
   30         circumstances; requiring a taxpayer to notify the
   31         department of its intent to convey, assign, or
   32         transfer tax credits under certain circumstances;
   33         requiring the department to obtain certain approvals
   34         from the Division of Alcoholic Beverages and Tobacco
   35         of the Department of Business and Professional
   36         Regulation under certain circumstances; authorizing a
   37         taxpayer to rescind all or part of an approved tax
   38         credit; providing requirements for the rescindment;
   39         requiring the department to provide notice to an
   40         eligible charitable organization within a specified
   41         timeframe under certain circumstances; providing the
   42         methodology by which the underpayment of estimated
   43         corporate income taxes is calculated; providing the
   44         methodology for determining the imposition of a
   45         penalty or interest for such underpayment; providing
   46         applicability; creating s. 409.1761, F.S.; providing
   47         legislative findings; authorizing qualified nonprofit
   48         organizations to establish programs to provide
   49         temporary respite care for children; defining terms;
   50         providing registration and recordkeeping requirements
   51         for such organizations and the Department of Children
   52         and Families; exempting such organizations from
   53         specified licensure requirements; providing background
   54         screening requirements for certain persons;
   55         authorizing a parent or legal guardian to enter into a
   56         contract to provide temporary respite care for a
   57         child; specifying the form, content, and execution of
   58         the contract; authorizing the department to inspect
   59         documents held by such organizations; prohibiting
   60         certain children from placement in volunteer respite
   61         homes; authorizing the department to refer a child for
   62         temporary respite care under certain circumstances;
   63         providing construction; providing an effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. (1)This section may be cited as the “Children’s
   68  Promise Act.”
   69         (2)For purposes of this section, the term:
   70         (a)“Annual tax credit amount” means, for any state fiscal
   71  year, the sum of the amount of tax credits approved under
   72  paragraph (5)(a), including tax credits to be taken under s.
   73  220.1875 or s. 624.51055, Florida Statutes, which are approved
   74  for a taxpayer whose taxable year begins on or after January 1
   75  of the calendar year preceding the start of the applicable state
   76  fiscal year.
   77         (b)“Department” means the Department of Revenue.
   78         (c)“Eligible charitable organization” means an
   79  organization that is exempt from federal income taxation under
   80  s. 501(c)(3) of the Internal Revenue Code and:
   81         1.Has a current contract or agreement with the Department
   82  of Children and Families and provides services relating to the:
   83         a.Prevention and diversion of children from custody with
   84  the Department of Children and Families or a community-based
   85  care organization;
   86         b.Safety, care, and well-being of children in custody with
   87  the Department of Children and Families or a community-based
   88  care organization; or
   89         c.Creation of permanency for children through adoption; or
   90         2.Is certified by the department as a job training,
   91  workforce development, or educational services charitable
   92  organization that provides services to:
   93         a.Children in a foster care placement program established
   94  by the Department of Children and Families or a community-based
   95  care organization, or children at significant risk of entering a
   96  foster care placement program established by the Department of
   97  Children and Families;
   98         b.Children who have a chronic illness or physical,
   99  intellectual, developmental, or emotional disability; or
  100         c.Children eligible for free or reduced-price meals
  101  programs under the National School Lunch Act; and
  102         3.Has received less than 50 percent of its total annual
  103  revenue from the Department of Children and Families, either
  104  directly or via a subcontractor of the Department of Children
  105  and Families, in the previous state fiscal year and meets all of
  106  the following criteria:
  107         a.It spent at least 50 percent of its budget during the
  108  previous state fiscal year on residents of this state.
  109         b.It provides services to at least 100 individuals in this
  110  state per year.
  111         c.It does not provide, pay for, or provide coverage of
  112  abortions or financially support any other entity that provides,
  113  pays for, or provides coverage of abortions.
  114         (d)“Eligible contribution” means a monetary contribution
  115  from a taxpayer, subject to the restrictions provided in this
  116  section, to an eligible charitable organization. The term does
  117  not include monetary contributions to an eligible charitable
  118  organization that are equal to or less than the annual
  119  contribution amount made to that same eligible charitable
  120  organization in the 2 state fiscal years before July 1, 2020.
  121         (3)An eligible charitable organization shall provide to
  122  the department an annual written certification demonstrating
  123  that it meets all of the criteria to be considered an eligible
  124  charitable organization. The organization shall also notify the
  125  department of any changes that may affect eligibility under this
  126  subsection.
  127         (a)The eligible charitable organization’s written
  128  certification must be signed by an officer of the organization
  129  under penalty of perjury. The written certification must include
  130  all of the following:
  131         1.Verification of the organization’s status under s.
  132  501(c)(3) of the Internal Revenue Code.
  133         2.A statement that the organization has not received more
  134  than 50 percent of its total revenue from the Department of
  135  Children and Families, either directly or via a subcontractor,
  136  in the previous state fiscal year.
  137         3.A statement that the organization spent at least 50
  138  percent of its budget on services provided to the residents of
  139  this state, and plans to continue providing services during the
  140  next state fiscal year.
  141         4.A statement that each operating year the organization
  142  provides services to at least 100 individuals in this state.
  143         5.A statement that the organization does not provide, pay
  144  for, or provide coverage of abortions and does not financially
  145  support any other entity that provides, pays for, or provides
  146  coverage of abortions.
  147         6.Any other information that the department requires to
  148  administer this section.
  149         (b)The department shall review each organization’s written
  150  certification, determine whether the organization meets all of
  151  the criteria to be considered an eligible charitable
  152  organization, and notify the organization of its determination.
  153  The department may request recertification from an organization
  154  more than once per year if it has reason to believe that the
  155  organization no longer meets the eligibility criteria under this
  156  section. The department shall compile and make available to the
  157  public a list of eligible charitable organizations.
  158         (4)For the 2020-2021 state fiscal year, the tax credit cap
  159  amount is $15 million. For the 2020-2021 state fiscal year and
  160  each state fiscal year thereafter, the tax credit cap amount is
  161  the tax credit cap amount in the prior state fiscal year.
  162  However, in any state fiscal year when the annual tax credit
  163  amount for the prior state fiscal year is equal to or greater
  164  than 90 percent of the tax credit cap amount applicable to that
  165  state fiscal year, the tax credit cap amount shall increase by
  166  25 percent. The department shall publish on its website
  167  information identifying the tax credit cap amount when it is
  168  increased pursuant to this subsection.
  169         (5)(a)A taxpayer may submit an application to the
  170  department for a tax credit or credits under s. 211.0251, s.
  171  212.1831, s. 220.1875, s. 561.1211, or s. 624.51055, Florida
  172  Statutes.
  173         1.The taxpayer shall specify in the application each tax
  174  for which the taxpayer requests a credit and the applicable
  175  taxable year for a credit under s. 220.1875 or s. 624.51055,
  176  Florida Statutes, or the applicable state fiscal year for a
  177  credit under s. 211.0251, s. 212.1831, or s. 561.1211, Florida
  178  Statutes. For purposes of s. 220.1875, Florida Statutes, a
  179  taxpayer may apply for a credit to be used for a prior taxable
  180  year before the date the taxpayer is required to file a return
  181  for that year pursuant to s. 220.222, Florida Statutes. For
  182  purposes of s. 624.51055, Florida Statutes, a taxpayer may apply
  183  for a credit to be used for a prior taxable year before the date
  184  the taxpayer is required to file a return for that prior taxable
  185  year pursuant to ss. 624.509 and 624.5092, Florida Statutes. The
  186  department shall approve tax credits on a first-come, first
  187  served basis and must obtain the approval of the Division of
  188  Alcoholic Beverages and Tobacco of the Department of Business
  189  and Professional Regulation before approving a tax credit under
  190  s. 561.1211, Florida Statutes.
  191         2.For any application filed in the first 2 taxable years
  192  after July 1, 2020, the taxpayer must state on the application
  193  the amount of annual contributions the taxpayer donated during
  194  the past 2 taxable years to the eligible charitable organization
  195  in the applicable taxable year, and deduct the amount of the
  196  higher of the annual contributions from the requested credit.
  197         3.Within 10 days after approving or denying an
  198  application, the department shall provide a copy of its approval
  199  or denial letter to the eligible charitable organization
  200  specified by the taxpayer in the application.
  201         (b)If a tax credit approved under paragraph (a) is not
  202  fully used within the specified state fiscal year for credits
  203  under s. 211.0251, s. 212.1831, or s. 561.1211, Florida
  204  Statutes, or against taxes due for the specified taxable year
  205  for credits under s. 220.1875 or s. 624.51055, Florida Statutes,
  206  because of insufficient tax liability on the part of the
  207  taxpayer, the unused amount shall be carried forward for a
  208  period not to exceed 10 years. For purposes of s. 220.1875,
  209  Florida Statutes, a credit carried forward may be used in a
  210  subsequent year after applying the other credits and unused
  211  carryovers in the order provided in s. 220.02(8), Florida
  212  Statutes.
  213         (c)A taxpayer may not convey, assign, or transfer an
  214  approved tax credit or a carryforward tax credit to another
  215  entity unless all of the assets of the taxpayer are conveyed,
  216  assigned, or transferred in the same transaction. However, a tax
  217  credit under s. 211.0251, s. 212.1831, s. 220.1875, s. 561.1211,
  218  or s. 624.51055, Florida Statutes, may be conveyed, assigned, or
  219  transferred between members of an affiliated group of
  220  corporations if the type of tax credit under s. 211.0251, s.
  221  212.1831, s. 220.1875, s. 561.1211, or s. 624.51055, Florida
  222  Statutes, remains the same. A taxpayer shall notify the
  223  department of its intent to convey, assign, or transfer a tax
  224  credit to another member within an affiliated group of
  225  corporations. The amount conveyed, assigned, or transferred is
  226  available to another member of the affiliated group of
  227  corporations upon approval by the department. The department
  228  shall obtain the approval of the Division of Alcoholic Beverages
  229  and Tobacco of the Department of Business and Professional
  230  Regulation before approving a conveyance, assignment, or
  231  transfer of a tax credit under s. 561.1211, Florida Statutes.
  232         (d)Within any state fiscal year, a taxpayer may rescind
  233  all or part of a tax credit approved under paragraph (a). The
  234  amount rescinded shall become available for that state fiscal
  235  year to another eligible taxpayer as approved by the department
  236  if the taxpayer receives notice from the department that the
  237  rescindment has been accepted by the department. The department
  238  must obtain the approval of the Division of Alcoholic Beverages
  239  and Tobacco of the Department of Business and Professional
  240  Regulation before accepting the rescindment of a tax credit
  241  under s. 561.1211, Florida Statutes. Any amount rescinded under
  242  this paragraph shall become available to an eligible taxpayer on
  243  a first-come, first-served basis based on tax credit
  244  applications received after the date the rescindment is accepted
  245  by the department.
  246         (e)Within 10 days after approving or denying the
  247  conveyance, assignment, or transfer of a tax credit under
  248  paragraph (c), or the rescindment of a tax credit under
  249  paragraph (d), the department shall provide a copy of its
  250  approval or denial letter to the eligible charitable
  251  organization specified by the taxpayer. The department shall
  252  also include the eligible charitable organization specified by
  253  the taxpayer on all letters or correspondence of acknowledgment
  254  for tax credits under s. 212.1831, Florida Statutes.
  255         (f)For purposes of calculating the underpayment of
  256  estimated corporate income taxes pursuant to s. 220.34, Florida
  257  Statutes, and tax installment payments for taxes on insurance
  258  premiums or assessments under s. 624.5092, Florida Statutes, the
  259  final amount due is the amount after credits earned under s.
  260  220.1875 or s. 624.51055, Florida Statutes, for contributions to
  261  eligible charitable organizations are deducted.
  262         1.For purposes of determining if a penalty or interest
  263  shall be imposed for underpayment of estimated corporate income
  264  tax pursuant to s. 220.34(2)(d)1., Florida Statutes, a taxpayer
  265  may, after earning a credit under s. 220.1875, Florida Statutes,
  266  reduce any estimated payment in that taxable year by the amount
  267  of the credit. This subparagraph applies to contributions made
  268  on or after July 1, 2020.
  269         2.For purposes of determining if a penalty under s.
  270  624.5092, Florida Statutes, shall be imposed, an insurer, after
  271  earning a credit under s. 624.51055, Florida Statutes, for a
  272  taxable year, may reduce any installment payment for such
  273  taxable year of 27 percent of the amount of the net tax due as
  274  reported on the return for the preceding year under s.
  275  624.5092(2)(b), Florida Statutes, by the amount of the credit.
  276  This subparagraph applies to contributions made on or after July
  277  1, 2020.
  278         Section 2. Section 409.1761, Florida Statutes, is created
  279  to read:
  280         409.1761Organizations providing respite care for children
  281  not in the child welfare system.—
  282         (1)LEGISLATIVE FINDINGS.—The Legislature finds that in
  283  circumstances in which the parent or legal guardian of a minor
  284  child is temporarily unable to provide care for the child but
  285  does not need the full support of the child welfare system, a
  286  less intrusive alternative to supervision by the department or
  287  involvement by the judiciary should be available. A qualified
  288  nonprofit organization may establish a program that assists
  289  parents and legal guardians in providing temporary respite care
  290  for a child by a volunteer respite family.
  291         (2)DEFINITIONS.—As used in this section, the term:
  292         (a)“Qualified nonprofit organization” or “organization”
  293  means a private Florida nonprofit organization that assists
  294  parents and legal guardians in the provision of temporary
  295  respite care for a child by a volunteer respite family under a
  296  contract for care. The organization shall provide assistance and
  297  support to parents and legal guardians and training and support
  298  for volunteer respite families.
  299         (b)“Volunteer respite family” means an individual or a
  300  family who voluntarily agrees to provide, without compensation,
  301  temporary respite care for a child, with the assistance of a
  302  qualified nonprofit organization, pursuant to a contract for
  303  care with the child’s parent or legal guardian.
  304         (c)“Volunteer respite home” means the home of a volunteer
  305  respite family.
  306         (3)REGISTRATION.—
  307         (a)An organization must register annually with the
  308  department by filing with the department:
  309         1.The name, address, telephone number, e-mail address, and
  310  other contact information of the organization.
  311         2.The name of the organization’s director.
  312         3.The names and addresses of the officers and members of
  313  the board of directors or other governing body of the
  314  organization.
  315         4.A description of the methods used by the organization to
  316  recruit, train, and support volunteer respite families in
  317  providing temporary respite care for children and the standards
  318  used for evaluating whether a volunteer respite home is safe for
  319  children.
  320         5.If the organization provides volunteer respite family
  321  services in affiliation with another entity, including the use
  322  of another entity’s volunteer respite family program model, the
  323  organization must provide the entity’s name, address, telephone
  324  number, e-mail address, and other contact information; a
  325  description of the program model; and documentation that the
  326  organization is in compliance with the minimum standards of the
  327  program model.
  328         6.An attestation, with any supporting documentation, that
  329  the employees and volunteers of the organization are in
  330  compliance with the personnel screening requirements in
  331  subsection (5).
  332         7.An attestation, with any supporting documentation, that
  333  the volunteer respite families are in compliance with the
  334  personnel screening requirements in subsection (5), and that the
  335  organization has inspected the volunteer respite homes and
  336  considers the homes safe for the placement of children.
  337         8.The total number of volunteer respite families working
  338  with the organization, the total number of children the
  339  organization is able to serve, and the total number of children
  340  the organization currently serves.
  341         (b)The department shall develop a system of registration,
  342  maintain a registration record on each organization, and issue a
  343  registration number to each organization that meets the
  344  registration requirements in this subsection.
  345         (c)An organization shall maintain information about each
  346  volunteer respite family and child served which includes at a
  347  minimum:
  348         1.The name and age of the child.
  349         2.The name, address, telephone numbers, e-mail address,
  350  and other contact information of the child’s parent or legal
  351  guardian.
  352         3.The name, address, telephone numbers, e-mail address,
  353  and other contact information of the child’s volunteer respite
  354  family.
  355         4.A copy of the contract for care executed pursuant to
  356  subsection (6).
  357         5.Proof of the volunteer respite family’s compliance with
  358  the personnel screening requirements in subsection (5).
  359         (d)The department may access and inspect the
  360  organization’s records maintained pursuant to this subsection at
  361  any time to ensure compliance with this section and any
  362  standards established by any entity with which the organization
  363  is affiliated pursuant to subparagraph (a)5.
  364         (4)EXEMPTION FROM LICENSURE.—The licensing provisions in
  365  s. 409.175 do not apply to a volunteer respite home or an
  366  organization registered under this section unless the
  367  organization attempts to place or arrange for the placement of a
  368  child as provided in s. 409.175. However, such home or
  369  organization must meet the personnel screening requirements in
  370  subsection (5).
  371         (a)An organization registered under this section shall
  372  make every effort to not accept or place a child with a
  373  volunteer respite family that is not qualified or able to
  374  adequately care for the child for reasons including, but not
  375  limited to, the child’s disabilities, health conditions, or
  376  behavioral challenges. If the organization chooses to not accept
  377  or place a child with a volunteer respite family due to the
  378  inability of any volunteer respite family to meet the child’s
  379  needs, the organization shall assist the parent or legal
  380  guardian in finding community-based assistance that will meet
  381  the child’s needs.
  382         (b)Chapters 39 and 827, relating to the reporting of child
  383  abuse, abandonment, and neglect, apply to an organization
  384  registered under this section.
  385         (5)SCREENING REQUIREMENTS FOR PERSONNEL.—The department
  386  shall attest to the good moral character of the personnel of an
  387  organization and members of a volunteer respite home by
  388  conducting a background screening in compliance with the
  389  screening requirements in s. 409.175 and chapter 435. Persons
  390  required to be screened under this section include:
  391         (a)Employees of the organization who have direct contact
  392  with children while assisting parents or legal guardians in
  393  providing temporary respite care.
  394         (b)Members of the volunteer respite family or persons
  395  residing in the volunteer respite home who are older than 12
  396  years of age. However, members of a volunteer respite family or
  397  persons residing in the volunteer respite home who are between
  398  the ages of 12 years and 18 years are not required to be
  399  fingerprinted but must be screened for delinquency records.
  400         (c)A volunteer who assists on an intermittent basis for
  401  fewer than 10 hours per month is not required to be screened if
  402  he or she is always accompanied by and in the line of sight of a
  403  person who meets the screening requirements in this subsection.
  404         (6)CONTRACT FOR CARE.—Before a volunteer respite family
  405  begins to care for a child, the child’s parent or legal guardian
  406  must enter into a written contract for care with the volunteer
  407  respite family. Under a contract for care, the parent or legal
  408  guardian may delegate to the volunteer respite family any of the
  409  powers regarding the care and custody of the child, except the
  410  power to consent to the marriage or adoption of the child, the
  411  performance of or inducement of an abortion on or for the child,
  412  or the termination of parental rights to the child.
  413         (a)The contract for care must at a minimum:
  414         1.Be signed by both parents, if both parents are living
  415  and have shared responsibility and timesharing of the child
  416  pursuant to law or a court order, or the child’s legal guardian.
  417  If the parents do not have shared responsibility and timesharing
  418  of the child, the parent having sole custody of the child has
  419  the authority to enter into the contract for care but shall
  420  notify the noncustodial parent in writing of the name and
  421  address of the volunteer respite family. Such notification must
  422  be provided by certified mail, return receipt requested, to the
  423  noncustodial parent at his or her last known address within 5
  424  days after the contract for care is signed. Notification to a
  425  noncustodial parent whose parental rights have been terminated
  426  is not required.
  427         2.Be signed by all members of the volunteer respite family
  428  who are 18 years of age or older.
  429         3.Be signed by a representative of the organization who
  430  assisted with the child’s placement with the volunteer respite
  431  family.
  432         4.Be signed by two subscribing witnesses.
  433         5.Be acknowledged by the parent or parents, as applicable
  434  under subparagraph 1., or the child’s legal guardian and the
  435  representative of the qualified nonprofit organization before a
  436  notary public.
  437         (b)The following information must be in the contract for
  438  care:
  439         1.A statement that the contract does not deprive the
  440  child’s parent or legal guardian of any parental or legal
  441  authority regarding the care and custody of the child or
  442  supersede any court order regarding the care and custody of the
  443  child.
  444         2.A statement that the contract may be revoked or
  445  withdrawn at any time by the parent or legal guardian and that
  446  custody of the child shall be returned to the parent or legal
  447  guardian as soon as reasonably possible.
  448         3.An enumeration of basic services and accommodations
  449  provided by the volunteer respite family and organization.
  450         4.Identification of the child, the parent or legal
  451  guardian, and members of the volunteer respite family, including
  452  contact information for all parties.
  453         5.Identification of the organization, including contact
  454  information for the organization and the organization’s primary
  455  contact person.
  456         6.A statement regarding disciplinary procedures that are
  457  used by the volunteer respite family and expectations regarding
  458  interactions between the volunteer respite family and the child,
  459  including any known behavioral or emotional issues and how such
  460  issues are currently addressed by the child’s parent or legal
  461  guardian.
  462         7.A statement of the minimum expected frequency of contact
  463  between the parent or legal guardian and the child, expectations
  464  for the volunteer respite family to facilitate any reasonable
  465  request for contact with the child outside of the established
  466  schedule, and the minimum expected frequency of contact between
  467  the parent or legal guardian and the volunteer respite family to
  468  discuss the child’s well-being and health.
  469         8.A statement regarding the child’s educational needs,
  470  including, at a minimum, the name and address of the child’s
  471  school and the names of the child’s teachers.
  472         9.A list of extracurricular, religious, or community
  473  activities and programs in which the child participates.
  474         10.A list of any special dietary or nutritional
  475  requirements of the child.
  476         11.A description of the child’s medical needs, including
  477  any diagnoses, allergies, therapies, treatments, or medications
  478  prescribed to the child and the expectations for the volunteer
  479  respite family to address such medical needs.
  480         12.A statement that the volunteer respite family agrees to
  481  act in the best interests of the child and to consider all
  482  reasonable wishes and expectations of the parent or legal
  483  guardian concerning the care and comfort of the child.
  484         13.A statement that all appropriate members of the
  485  volunteer respite family have successfully completed the
  486  background screening requirements in subsection (5).
  487         14.The expiration date of the contract for care, which may
  488  not be more than 6 months after the date of execution.
  489         15.A statement that the goal of the organization,
  490  volunteer respite family, and parent or legal guardian is to
  491  return the child receiving temporary respite care to the parent
  492  or legal guardian as soon as the situation requiring such care
  493  has been resolved.
  494         16.A requirement that the volunteer respite family
  495  immediately notify the parent or legal guardian of the child’s
  496  need for medical care. Authorization for the volunteer respite
  497  family to consent to routine and emergency medical care on
  498  behalf of the parent or legal guardian shall be granted only
  499  upon the separate consent of the parent or legal guardian
  500  pursuant to s. 743.0645.
  501         (7)INSPECTION OF DOCUMENTS.—The department may, at any
  502  time, inspect any documents held by the organization relating to
  503  children placed in volunteer respite homes pursuant to this
  504  section.
  505         (8)ELIGIBILITY.—A child who has been removed from his or
  506  her parent or legal guardian due to abuse or neglect and placed
  507  in the custody of the department is not eligible to be placed in
  508  a volunteer respite home pursuant to this section.
  509         (9)DUTIES OF DEPARTMENT.—The department may refer a child
  510  to an organization under this section if the department
  511  determines that the needs of the child or the needs of the
  512  child’s family do not rise to the level of requiring an out-of
  513  home safety plan or other formal involvement of the department
  514  and that the child and the child’s family may benefit from the
  515  temporary respite care and services provided by the
  516  organization.
  517         (10)APPLICABILITY.—Placement of a child in a volunteer
  518  respite home under this section without any additional evidence
  519  does not constitute abandonment, abuse, or neglect, as those
  520  terms are defined in s. 39.01, and is not considered to be
  521  placement of the child in foster care. However, nothing in this
  522  section prevents the department or a law enforcement agency from
  523  investigating allegations of abandonment, abuse, neglect,
  524  unlawful desertion of a child, or human trafficking.
  525         Section 3. This act shall take effect July 1, 2020.