ENROLLED
2021 Legislature CS for CS for SB 96, 1st Engrossed
202196er
1
2 An act relating to child welfare; providing a
3 directive to the Division of Law Revision; creating s.
4 39.101, F.S.; transferring existing provisions
5 relating to the central abuse hotline of the
6 Department of Children and Families; providing
7 additional requirements relating to the central abuse
8 hotline; revising requirements for certain statistical
9 reports that the department is required to collect and
10 analyze; amending s. 39.201, F.S.; revising reporting
11 requirements for the central abuse hotline; requiring
12 animal control officers and certain agents to provide
13 their names to central abuse hotline counselors;
14 requiring such counselors to advise reporters of
15 certain information; requiring such counselors to
16 receive specified periodic training; revising
17 requirements relating to reports of abuse involving
18 impregnation of children; providing requirements for
19 reports of child abuse, abandonment, or neglect by a
20 parent or legal custodian, child-on-child sexual
21 abuse, juvenile sexual abuse, and children who exhibit
22 inappropriate sexual behavior; amending s. 39.2015,
23 F.S.; revising membership of multiagency teams;
24 requiring the department to conduct investigations of
25 reports of sexual abuse of children in out-of-home
26 care under certain circumstances; providing
27 requirements for such investigations; requiring the
28 Secretary of Children and Families to create
29 guidelines for such investigations; requiring a report
30 to the secretary within a specified time; requiring
31 the advisory committee to review the reports and
32 investigations; amending s. 39.202, F.S.; expanding
33 the list of entities that have access to child abuse
34 or neglect records; requiring access to certain
35 confidential and exempt records by legislative
36 committees, upon request, within a specified
37 timeframe; amending s. 39.205, F.S.; providing
38 construction; specifying that certain persons are not
39 relieved from the duty to report to the central abuse
40 hotline by notifying their supervisors; creating s.
41 39.208, F.S.; providing legislative findings and
42 intent; providing responsibilities for child
43 protective investigators relating to animal cruelty;
44 providing criminal, civil, and administrative immunity
45 to child protective investigators who report known or
46 suspected animal cruelty; providing responsibilities
47 for animal control officers relating to child abuse,
48 abandonment, and neglect; providing criminal
49 penalties; requiring the department to develop
50 training which relates to child abuse, abandonment,
51 and neglect and animal cruelty; providing requirements
52 for such training; requiring the department to adopt
53 rules; amending s. 39.301, F.S.; conforming a cross
54 reference; requiring the department to continually
55 assess child safety throughout a protective
56 investigation; requiring a child protective
57 investigator to take specified actions in certain
58 protective investigations involving sexual abuse;
59 amending s. 39.302, F.S.; conforming a cross
60 reference; authorizing certain persons to be
61 represented by an attorney or accompanied by another
62 person under certain circumstances during protective
63 investigations of institutional child abuse,
64 abandonment, or neglect; providing requirements
65 relating to such investigations; amending s. 39.3035,
66 F.S.; providing a description of child advocacy
67 centers; conforming cross-references; amending s.
68 39.4015, F.S.; requiring, rather than authorizing, the
69 department to develop a family-finding program;
70 removing the limitation that the development of
71 family-finding programs is subject to available
72 resources; requiring, rather than authorizing, that
73 family-finding efforts begin as soon as a child is
74 taken into the custody of the department; making
75 technical changes; amending s. 39.4085, F.S.; revising
76 legislative intent; specifying goals of children in
77 shelter or foster care; providing responsibilities of
78 the Department of Children and Families, case
79 managers, and other staff; authorizing district school
80 boards to establish specified educational programs for
81 certain students and provide such programs in
82 conjunction with other specified programs; amending s.
83 39.4087, F.S.; requiring the department to provide
84 certain information to, and training for, caregivers
85 of children in foster care; expanding certain
86 information that is required to be fully disclosed to
87 a caregiver; requiring a caregiver to maintain the
88 confidentiality of certain information; making
89 technical changes; creating s. 39.4092, F.S.;
90 providing legislative findings; authorizing offices of
91 criminal conflict and civil regional counsel to
92 establish a multidisciplinary legal representation
93 model program to serve families in the dependency
94 system; requiring the department to collaborate with
95 the office of criminal conflict and civil regional
96 counsel regarding documentation for federal matching
97 funding; requiring the department to submit such
98 documentation upon the establishment of a model
99 program; specifying program requirements; defining the
100 term “parent-peer specialist”; requiring each office
101 of criminal conflict and civil regional counsel that
102 establishes a model program to submit an annual report
103 by a specified date to the Office of Program Policy
104 Analysis and Government Accountability; specifying
105 report requirements; requiring the Office of Program
106 Policy Analysis and Government Accountability to
107 compile the results of the reports, conduct an
108 analysis, and annually submit the analysis to the
109 Governor and Legislature by a specified date;
110 requiring offices of criminal conflict and civil
111 regional counsel to provide additional information or
112 data upon request; amending s. 39.5086, F.S.; removing
113 the limitation that the development of kinship
114 navigator programs is subject to available resources;
115 requiring, rather than authorizing, each community
116 based care lead agency to establish a kinship
117 navigator program; amending s. 39.6225, F.S.; deleting
118 obsolete provisions; amending s. 394.9082, F.S.;
119 requiring the department to collect and publish, and
120 update annually, specified information on its website
121 for each managing entity under contract with the
122 department; defining the term “employee”; requiring
123 managing entities to include a specified statement on
124 their websites and in certain documents and materials;
125 creating s. 394.90825, F.S.; providing definitions;
126 requiring a board member or an officer of a managing
127 entity to disclose specified activity that may
128 reasonably be construed to be a conflict of interest;
129 creating a rebuttable presumption of a conflict of
130 interest if the activity was acted on by the board
131 without prior notice; establishing a process for the
132 managing entity’s board of directors to address the
133 activity within certain timelines; providing for
134 certain consequences for failure to obtain a board’s
135 approval or failure to properly disclose a contract as
136 a conflict of interest; creating s. 394.9086, F.S.;
137 creating the Commission on Mental Health and Substance
138 Abuse adjunct to the department; requiring the
139 department to provide administrative and staff support
140 services to the commission; providing purposes of the
141 commission; providing for membership, term limits,
142 meetings, and duties of the commission; requiring the
143 commission to submit reports of its findings and
144 recommendations to the Legislature and Governor by
145 specified dates; providing for future repeal unless
146 saved by the Legislature through reenactment; amending
147 s. 409.1415, F.S.; requiring the department to make
148 available specified training for caregivers of
149 children in out-of-home care; requiring the department
150 to establish the Foster Information Center for
151 specified purposes; requiring community-based care
152 lead agencies to provide certain resources, supports,
153 and assistance to kinship caregivers; requiring
154 community-based care lead agencies to provide
155 caregivers with a certain telephone number; repealing
156 s. 409.1453, F.S., relating to the design and
157 dissemination of training for foster care caregivers;
158 amending s. 409.175, F.S.; requiring the department to
159 conduct certain assessments and grant a capacity
160 waiver under certain conditions; authorizing the
161 department to adopt rules; repealing s. 409.1753,
162 F.S.; relating to duties of the department relating to
163 foster care; amending s. 409.987, F.S.; requiring the
164 department to develop an alternative plan for
165 providing community-based child welfare services under
166 certain circumstances; providing requirements for the
167 plan; requiring the department to submit the plan and
168 certain quarterly updates to the Governor and
169 Legislature; providing definitions; requiring a board
170 member or an officer of a lead agency to disclose
171 specified activity that may reasonably be construed to
172 be a conflict of interest; creating a rebuttable
173 presumption of a conflict of interest if the activity
174 was acted on by the board without prior notice;
175 establishing a process for the lead agency’s board of
176 directors to address the activity within certain
177 timelines; providing for certain consequences for
178 failure to obtain a board’s approval or failure to
179 properly disclose a contract as a conflict of
180 interest; amending s. 409.988, F.S.; deleting a
181 requirement that lead agencies publish their current
182 budgets on their websites; specifying additional data
183 lead agencies must publish on their websites;
184 requiring the department to determine a standard
185 methodology for use in calculating specified data;
186 requiring lead agencies to adhere to specified best
187 child welfare practices; requiring lead agencies to
188 include a specified statement on their websites and in
189 certain documents and materials; amending s. 409.990,
190 F.S.; requiring lead agencies to fund the cost of
191 increased care under certain circumstances; amending
192 s. 409.996, F.S.; requiring contracts between the
193 department and community-based care lead agencies to
194 provide specified information to the department;
195 requiring the department to annually conduct a
196 specified review of community-based care lead
197 agencies; requiring such agencies to develop and
198 maintain a specified plan; requiring the department to
199 collect and publish on its website specified
200 information relating to lead agencies under contract
201 with the department; amending s. 828.27, F.S.;
202 requiring county and municipal animal control officers
203 to complete specified training; requiring that animal
204 control officers be provided with opportunities to
205 attend such training during normal work hours;
206 amending s. 1012.795, F.S.; requiring the Education
207 Practices Commission to suspend the educator
208 certificate of instructional personnel and school
209 administrators for failing to report known or
210 suspected child abuse under certain circumstances;
211 amending ss. 119.071 and 934.03, F.S.; conforming
212 cross-references; providing effective dates.
213
214 Be It Enacted by the Legislature of the State of Florida:
215
216 Section 1. The Division of Law Revision is directed to add
217 s. 39.101, Florida Statutes, as created by this act, to part II
218 of chapter 39, Florida Statutes.
219 Section 2. Section 39.101, Florida Statutes, is created to
220 read:
221 39.101 Central abuse hotline.—The central abuse hotline is
222 the first step in the safety assessment and investigation
223 process.
224 (1) ESTABLISHMENT AND OPERATION.—
225 (a) The department shall operate and maintain a central
226 abuse hotline capable of receiving all reports of known or
227 suspected child abuse, abandonment, or neglect and reports that
228 a child is in need of supervision and care and has no parent,
229 legal custodian, or responsible adult relative immediately known
230 and available to provide such supervision and care. The hotline
231 must accept reports 24 hours a day, 7 days a week, and such
232 reports must be made in accordance with s. 39.201. The central
233 abuse hotline must be capable of accepting reports made in
234 accordance with s. 39.201 in writing, through a single statewide
235 toll-free telephone number, or through electronic reporting. A
236 person may use any of these methods to make a report to the
237 central abuse hotline.
238 (b) The central abuse hotline must be operated in such a
239 manner as to enable the department to:
240 1. Accept reports for investigation when there is
241 reasonable cause to suspect that a child has been or is being
242 abused or neglected or has been abandoned.
243 2. Determine whether the allegations made by the reporter
244 require an immediate or a 24-hour response in accordance with
245 subsection (2).
246 3. Immediately identify and locate previous reports or
247 cases of child abuse, abandonment, or neglect through the use of
248 the department’s automated tracking system.
249 4. Track critical steps in the investigative process to
250 ensure compliance with all requirements for any report or case
251 of abuse, abandonment, or neglect.
252 5. When appropriate, refer reporters who do not allege
253 child abuse, abandonment, or neglect to other organizations that
254 may better resolve the reporter’s concerns.
255 6. Serve as a resource for the evaluation, management, and
256 planning of preventive and remedial services for children who
257 have been abused, abandoned, or neglected.
258 7. Initiate and enter into agreements with other states for
259 the purposes of gathering and sharing information contained in
260 reports on child maltreatment to further enhance programs for
261 the protection of children.
262 8. Promote public awareness of the central abuse hotline
263 through community-based partner organizations and public service
264 campaigns.
265 (2) TIMEFRAMES FOR INITIATING INVESTIGATION.—After the
266 central abuse hotline receives a report, the department must
267 determine the timeframe in which to initiate an investigation
268 under chapter 39. Except as provided in s. 39.302 relating to
269 institutional investigations, the department must commence an
270 investigation:
271 (a) Immediately, regardless of the time of day or night, if
272 it appears that:
273 1. The immediate safety or well-being of a child is
274 endangered;
275 2. The family may flee or the child may be unavailable for
276 purposes of conducting a child protective investigation; or
277 3. The facts reported to the central abuse hotline
278 otherwise so warrant.
279 (b) Within 24 hours after receipt of a report that does not
280 involve the criteria specified in paragraph (a).
281 (3) COLLECTION OF INFORMATION AND DATA.—The department
282 shall:
283 (a)1. Voice-record all incoming or outgoing calls that are
284 received or placed by the central abuse hotline which relate to
285 suspected or known child abuse, abandonment, or neglect and
286 maintain an electronic copy of each report made to the central
287 abuse hotline through a call or electronic reporting.
288 2. Make the recording or electronic copy of the report made
289 to the central abuse hotline a part of the record of the report.
290 Notwithstanding s. 39.202, the recording or electronic copy may
291 only be released in full to law enforcement agencies and state
292 attorneys for the purposes of investigating and prosecuting
293 criminal charges under s. 39.205, or to employees of the
294 department for the purposes of investigating and seeking
295 administrative fines under s. 39.206.
296
297 This paragraph does not prohibit central abuse hotline
298 counselors from using the recordings or the electronic copy of
299 reports for quality assurance or training purposes.
300 (b)1. Secure and install electronic equipment that
301 automatically provides the central abuse hotline the telephone
302 number from which the call is placed or the Internet protocol
303 address from which the electronic report is received.
304 2. Enter the telephone number or Internet protocol address
305 into the report of child abuse, abandonment, or neglect for it
306 to become a part of the record of the report.
307 3. Maintain the confidentiality of such information in the
308 same manner as given to the identity of the reporter under s.
309 39.202.
310 (c)1. Update the online form used for reporting child
311 abuse, abandonment, or neglect to include qualifying questions
312 in order to obtain necessary information required to assess need
313 and the timeframes necessary for initiating an investigation
314 under subsection (2).
315 2. Make the report available in its entirety to the central
316 abuse hotline counselors as needed to update the Florida Safe
317 Families Network or other similar systems.
318 (d) Monitor and evaluate the effectiveness of the reporting
319 and investigating of suspected child abuse, abandonment, or
320 neglect through the development and analysis of statistical and
321 other information.
322 (e) Maintain and produce aggregate statistical reports
323 monitoring patterns of child abuse, abandonment, and neglect.
324 (f)1. Collect and analyze child-on-child sexual abuse
325 reports and include such information in the aggregate
326 statistical reports.
327 2. Collect and analyze, in separate statistical reports,
328 those reports of child abuse, sexual abuse, and juvenile sexual
329 abuse which are reported from or which occurred on or at:
330 a. School premises;
331 b. School transportation;
332 c. School-sponsored off-campus events;
333 d. A school readiness program provider determined to be
334 eligible under s. 1002.88;
335 e. A private prekindergarten provider or a public school
336 prekindergarten provider, as those terms are defined in s.
337 1002.51(7) and (8), respectively;
338 f. A public K-12 school as described in s. 1000.04;
339 g. A private school as defined in s. 1002.01;
340 h. A Florida College System institution or a state
341 university, as those terms are defined in s. 1000.21(3) and (6),
342 respectively; or
343 i. A school, as defined in s. 1005.02.
344 (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
345 HOTLINE.—
346 (a) Information received by the central abuse hotline may
347 not be used for employment screening, except as provided in s.
348 39.202(2)(a) and (h) or s. 402.302(15).
349 (b) Information in the central abuse hotline and the
350 department’s automated abuse information system may be used by
351 the department, its authorized agents or contract providers, the
352 Department of Health, or county agencies as part of the
353 licensure or registration process pursuant to ss. 402.301
354 402.319 and ss. 409.175-409.176.
355 (c) Information in the central abuse hotline may also be
356 used by the Department of Education for purposes of educator
357 certification discipline and review pursuant to s. 39.202(2)(q).
358 (5) QUALITY ASSURANCE.—On an ongoing basis, the
359 department’s quality assurance program shall review screened-out
360 reports involving three or more unaccepted reports on a single
361 child, when jurisdiction applies, in order to detect such things
362 as harassment and situations that warrant an investigation
363 because of the frequency of the reports or the variety of the
364 sources of the reports. A component of the quality assurance
365 program must analyze unaccepted reports to the central abuse
366 hotline by identified relatives as a part of the review of
367 screened-out reports. The Assistant Secretary for Child Welfare
368 may refer a case for investigation when it is determined, as a
369 result of such review, that an investigation may be warranted.
370 Section 3. Section 39.201, Florida Statutes, is amended to
371 read:
372 (Substantial rewording of section. See
373 s. 39.201, F.S., for present text.)
374 39.201 Required reports of child abuse, abandonment, or
375 neglect, sexual abuse of a child, and juvenile sexual abuse;
376 required reports of death; reports involving a child who has
377 exhibited inappropriate sexual behavior.—
378 (1) MANDATORY REPORTING.—
379 (a)1. A person is required to report immediately to the
380 central abuse hotline established in s. 39.101, in writing,
381 through a call to the toll-free telephone number, or through
382 electronic reporting, if he or she knows, or has reasonable
383 cause to suspect, that any of the following has occurred:
384 a. Child abuse, abandonment, or neglect by a parent or
385 caregiver, which includes, but is not limited to, when a child
386 is abused, abandoned, or neglected by a parent, legal custodian,
387 caregiver, or other person responsible for the child’s welfare
388 or when a child is in need of supervision and care and has no
389 parent, legal custodian, or responsible adult relative
390 immediately known and available to provide such supervision and
391 care.
392 b. Child abuse by an adult other than a parent, legal
393 custodian, caregiver, or other person responsible for the
394 child’s welfare. The central abuse hotline must immediately
395 electronically transfer such reports to the appropriate county
396 sheriff’s office.
397 2. Any person who knows, or has reasonable cause to
398 suspect, that a child is the victim of sexual abuse or juvenile
399 sexual abuse shall report such knowledge or suspicion to the
400 central abuse hotline, including if the alleged incident
401 involves a child who is in the custody of or under the
402 protective supervision of the department.
403
404 Such reports may be made in writing, through the statewide toll
405 free telephone number, or through electronic reporting.
406 (b)1. A person from the general public may make a report to
407 the central abuse hotline anonymously if he or she chooses to do
408 so.
409 2. A person making a report to the central abuse hotline
410 whose occupation is in any of the following categories is
411 required to provide his or her name to the central abuse hotline
412 counselors:
413 a. Physician, osteopathic physician, medical examiner,
414 chiropractic physician, nurse, or hospital personnel engaged in
415 the admission, examination, care, or treatment of persons;
416 b. Health care professional or mental health professional
417 other than a person listed in sub-subparagraph a.;
418 c. Practitioner who relies solely on spiritual means for
419 healing;
420 d. School teacher or other school official or personnel;
421 e. Social worker, day care center worker, or other
422 professional child care worker, foster care worker, residential
423 worker, or institutional worker;
424 f. Law enforcement officer;
425 g. Judge; or
426 h. Animal control officer as defined in s. 828.27(1)(b) or
427 agent appointed under s. 828.03.
428 (c) Central abuse hotline counselors shall advise persons
429 under subparagraph (b)2. who are making a report to the central
430 abuse hotline that, while their names must be entered into the
431 record of the report, the names of reporters are held
432 confidential and exempt as provided in s. 39.202. Such
433 counselors must receive periodic training in encouraging all
434 reporters to provide their names when making a report.
435 (2) EXCEPTIONS TO REPORTING.—
436 (a) An additional report of child abuse, abandonment, or
437 neglect is not required to be made by:
438 1. A professional who is hired by or who enters into a
439 contract with the department for the purpose of treating or
440 counseling a person as a result of a report of child abuse,
441 abandonment, or neglect if such person was the subject of the
442 referral for treatment or counseling.
443 2. An officer or employee of the judicial branch when the
444 child is currently being investigated by the department, when
445 there is an existing dependency case, or when the matter has
446 previously been reported to the department if there is
447 reasonable cause to believe that the information is already
448 known to the department. This subparagraph applies only when the
449 information related to the alleged child abuse, abandonment, or
450 neglect has been provided to such officer or employee in the
451 course of carrying out his or her official duties.
452 3. An officer or employee of a law enforcement agency when
453 the incident under investigation by the law enforcement agency
454 was reported to law enforcement by the central abuse hotline
455 through the electronic transfer of the report or telephone call.
456 The department’s central abuse hotline is not required to
457 electronically transfer calls or reports received under sub
458 subparagraph (1)(a)1.b. to the county sheriff’s office if the
459 matter was initially reported to the department by the county
460 sheriff’s office or by another law enforcement agency. This
461 subparagraph applies only when the information related to the
462 alleged child abuse, abandonment, or neglect has been provided
463 to the officer or employee of a law enforcement agency or
464 central abuse hotline counselor in the course of carrying out
465 his or her official duties.
466 (b) Nothing in this section or in the contract with
467 community-based care providers for foster care and related
468 services as specified in s. 409.987 may be construed to remove
469 or reduce the duty and responsibility of any person, including
470 any employee of the community-based care provider, to report a
471 known or suspected case of child abuse, abandonment, or neglect
472 to the department’s central abuse hotline.
473 (3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
474 (a) Abuse occurring out of state.—
475 1. Except as provided in subparagraph 2., the central abuse
476 hotline may not take a report or call of known or suspected
477 child abuse, abandonment, or neglect when the report or call is
478 related to abuse, abandonment, or neglect that occurred out of
479 state and the alleged perpetrator and alleged victim do not live
480 in this state. The central abuse hotline must instead transfer
481 the information in the report or call to the appropriate state
482 or country.
483 2. If the alleged victim is currently being evaluated in a
484 medical facility in this state, the central abuse hotline must
485 accept the report or call for investigation and must transfer
486 the information in the report or call to the appropriate state
487 or country.
488 (b) Reports received from emergency room physicians.—The
489 department must initiate an investigation when it receives a
490 report from an emergency room physician.
491 (c) Abuse involving impregnation of a child.—A report must
492 be immediately electronically transferred to the appropriate
493 county sheriff’s office or other appropriate law enforcement
494 agency by the central abuse hotline if the report is of an
495 instance of known or suspected child abuse involving
496 impregnation of a child 15 years of age or younger by a person
497 21 years of age or older under s. 827.04(3). If the report is of
498 known or suspected child abuse under s. 827.04(3), subsection
499 (1) does not apply to health care professionals or other
500 professionals who provide medical or counseling services to
501 pregnant children when such reporting would interfere with the
502 provision of such medical or counseling services.
503 (d) Institutional child abuse or neglect.—Reports involving
504 known or suspected institutional child abuse or neglect must be
505 made and received in the same manner as all other reports made
506 under this section.
507 (e) Surrendered newborn infants.—
508 1. The central abuse hotline must receive reports involving
509 surrendered newborn infants as described in s. 383.50.
510 2.a. A report may not be considered a report of child
511 abuse, abandonment, or neglect solely because the infant has
512 been left at a hospital, emergency medical services station, or
513 fire station under s. 383.50.
514 b. If the report involving a surrendered newborn infant
515 does not include indications of child abuse, abandonment, or
516 neglect other than that necessarily entailed in the infant
517 having been left at a hospital, emergency medical services
518 station, or fire station, the central abuse hotline must provide
519 to the person making the report the name of an eligible licensed
520 child-placing agency that is required to accept physical custody
521 of and to place surrendered newborn infants. The department
522 shall provide names of eligible licensed child-placing agencies
523 on a rotating basis.
524 3. If the report includes indications of child abuse,
525 abandonment, or neglect beyond that necessarily entailed in the
526 infant having been left at a hospital, emergency medical
527 services station, or fire station, the report must be considered
528 as a report of child abuse, abandonment, or neglect and,
529 notwithstanding chapter 383, is subject to s. 39.395 and all
530 other relevant provisions of this chapter.
531 (4) REPORTS OF CHILD ABUSE, ABANDONMENT, OR NEGLECT BY A
532 PARENT, LEGAL CUSTODIAN, CAREGIVER, OR OTHER PERSON RESPONSIBLE
533 FOR A CHILD’S WELFARE.—
534 (a)1. Upon receiving a report made to the central abuse
535 hotline, the department shall determine if the received report
536 meets the statutory criteria for child abuse, abandonment, or
537 neglect.
538 2. Any report meeting the statutory criteria for child
539 abuse, abandonment, or neglect must be accepted for a child
540 protective investigation pursuant to part III of this chapter.
541 (b)1. Any call received from a parent or legal custodian
542 seeking assistance for himself or herself which does not meet
543 the criteria for being a report of child abuse, abandonment, or
544 neglect may be accepted by the central abuse hotline for
545 response to ameliorate a potential future risk of harm to a
546 child.
547 2. The department must refer the parent or legal custodian
548 for appropriate voluntary community services if it is determined
549 by the department that a need for community services exists.
550 (5) REPORTS OF SEXUAL ABUSE OF A CHILD OR JUVENILE SEXUAL
551 ABUSE; REPORTS OF A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL
552 BEHAVIOR.—
553 (a)1. Sexual abuse of a child or juvenile sexual abuse must
554 be reported immediately to the central abuse hotline, including
555 any alleged incident involving a child who is in the custody of
556 or under the protective supervision of the department. Such
557 reports may be made in writing, through the statewide toll-free
558 telephone number, or through electronic reporting.
559 2. Within 48 hours after the central abuse hotline receives
560 a report under subparagraph 1., the department shall conduct an
561 assessment, assist the family in receiving appropriate services
562 under s. 39.307, and send a written report of the allegation to
563 the appropriate county sheriff’s office.
564 (b) Reports involving a child who has exhibited
565 inappropriate sexual behavior must be made and received by the
566 central abuse hotline. Within 48 hours after receiving a report
567 under this paragraph, the department shall conduct an
568 assessment, assist the family in receiving appropriate services
569 under s. 39.307, and send a written report of the allegation to
570 the appropriate county sheriff’s office.
571 (c) The services identified in the assessment conducted
572 under paragraph (a) or paragraph (b) must be provided in the
573 least restrictive environment possible and must include, but are
574 not limited to, child advocacy center services under s. 39.3035
575 and sexual abuse treatment programs developed and coordinated by
576 the Children’s Medical Services Program in the Department of
577 Health under s. 39.303.
578 (d) The department shall ensure that the facts and results
579 of any investigation of sexual abuse of a child or juvenile
580 sexual abuse involving a child in the custody of or under the
581 protective supervision of the department are made known to the
582 court at the next hearing and are included in the next report to
583 the court concerning the child.
584 (e)1. In addition to conducting an assessment and assisting
585 the family in receiving appropriate services, the department
586 shall conduct a child protective investigation under part III of
587 this chapter if the incident leading to a report occurs on
588 school premises, on school transportation, at a school-sponsored
589 off-campus event, at a public or private school readiness or
590 prekindergarten program, at a public K-12 school, at a private
591 school, at a Florida College System institution, at a state
592 university, or at any other school. The child protective
593 investigation must include an interview with the child’s parent
594 or legal custodian.
595 2. The department shall orally notify the Department of
596 Education; the law enforcement agency having jurisdiction over
597 the municipality or county in which the school, program,
598 institution, or university is located; and, as appropriate, the
599 superintendent of the school district in which the school is
600 located, the administrative officer of the private school, or
601 the owner of the private school readiness or prekindergarten
602 program provider.
603 3. The department shall make a full written report to the
604 law enforcement agency having jurisdiction over the municipality
605 or county in which the school, program, institution, or
606 university is located within 3 business days after making the
607 oral report. Whenever possible, any criminal investigation must
608 be coordinated with the department’s child protective
609 investigation. Any interested person who has information
610 regarding sexual abuse of a child or juvenile sexual abuse may
611 forward a statement to the department.
612 (6) MANDATORY REPORTS OF A CHILD DEATH.—Any person required
613 to report or investigate cases of suspected child abuse,
614 abandonment, or neglect who has reasonable cause to suspect that
615 a child died as a result of child abuse, abandonment, or neglect
616 shall report his or her suspicion to the appropriate medical
617 examiner. The medical examiner shall accept the report for
618 investigation and report his or her findings, in writing, to the
619 local law enforcement agency, the appropriate state attorney,
620 and the department. Autopsy reports maintained by the medical
621 examiner are not subject to the confidentiality requirements
622 under s. 39.202.
623 Section 4. Effective October 1, 2021, subsection (11) of
624 section 39.2015, Florida Statutes, is renumbered as subsection
625 (12), present subsections (3), (7), and (11) of that section are
626 amended, and a new subsection (11) is added to that section, to
627 read:
628 39.2015 Critical incident rapid response team; sexual abuse
629 report investigations.—
630 (3) Each investigation shall be conducted by a multiagency
631 team of at least five professionals with expertise in child
632 protection, child welfare, and organizational management. The
633 team may consist of employees of the department, community-based
634 care lead agencies, Children’s Medical Services, and community
635 based care provider organizations; faculty from the institute
636 consisting of public and private universities offering degrees
637 in social work established pursuant to s. 1004.615; or any other
638 person with the required expertise. The team shall include, at a
639 minimum, a Child Protection Team medical director, a
640 representative from a child advocacy center under s. 39.3035 who
641 has specialized training in sexual abuse of a child if sexual
642 abuse of the child who is the subject of the report is alleged,
643 or a combination of such specialists if deemed appropriate. The
644 majority of the team must reside in judicial circuits outside
645 the location of the incident. The secretary shall appoint a team
646 leader for each group assigned to an investigation.
647 (7) The secretary shall develop cooperative agreements with
648 other entities and organizations as necessary to facilitate the
649 work required under this section of the team.
650 (11) The department shall conduct investigations of reports
651 of sexual abuse of children in out-of-home care. The purpose of
652 such investigations is to identify root causes and to rapidly
653 determine the need to change policies and practices related to
654 preventing and addressing sexual abuse of children in out-of
655 home care.
656 (a) At a minimum, the department shall investigate a
657 verified report of sexual abuse of a child in out-of-home care
658 under this subsection if the child was the subject of a verified
659 report of abuse or neglect during the previous 6 months. The
660 investigation must be initiated as soon as possible, but not
661 later than 2 business days after a determination of verified
662 findings of sexual abuse or immediately if a case has been open
663 for 45 days. One investigation shall be initiated for an
664 allegation of sexual abuse that is based on the same act,
665 criminal episode, or transaction regardless of the number of
666 reports that are made about the allegations to the central abuse
667 hotline.
668 (b) Each investigation must be conducted by, at a minimum,
669 a trained department employee and one or more professionals who
670 are employees of other organizations and who are involved in
671 conducting critical incident rapid response investigations. The
672 investigation, or any part thereof, may be conducted remotely.
673 Subsections (5), (6), (8), and (10) apply to investigations
674 conducted under this subsection. The secretary, in consultation
675 with the institute established under s. 1004.615, shall develop
676 any necessary guidelines specific to such investigations.
677 (c) A preliminary report on each case must be provided to
678 the secretary no later than 45 days after the investigation
679 begins.
680 (12)(11) The secretary shall appoint an advisory committee
681 made up of experts in child protection and child welfare,
682 including, but not limited to, the Statewide Medical Director
683 for Child Protection under the Department of Health, a
684 representative from the institute established under pursuant to
685 s. 1004.615, an expert in organizational management, and an
686 attorney with experience in child welfare, to conduct an
687 independent review of investigative reports from the critical
688 incident rapid response teams and sexual abuse report
689 investigations and to make recommendations to improve policies
690 and practices related to child protection and child welfare
691 services. The advisory committee shall meet at least once each
692 quarter to review the critical incident rapid response teams’
693 reports and sexual abuse report investigations and shall submit
694 quarterly reports to the secretary which include findings and
695 recommendations. The secretary shall submit each report to the
696 Governor, the President of the Senate, and the Speaker of the
697 House of Representatives.
698 Section 5. Subsections (7) through (9) of section 39.202,
699 Florida Statutes, are renumbered as subsections (8) through
700 (10), respectively, paragraphs (a) and (h) of subsection (2) are
701 amended, and a new subsection (7) is added to that section, to
702 read:
703 39.202 Confidentiality of reports and records in cases of
704 child abuse or neglect; exception.—
705 (2) Except as provided in subsection (4), access to such
706 records, excluding the name of, or other identifying information
707 with respect to, the reporter which shall be released only as
708 provided in subsection (5), shall be granted only to the
709 following persons, officials, and agencies:
710 (a) Employees, authorized agents, or contract providers of
711 the department, the Department of Health, the Agency for Persons
712 with Disabilities, the Agency for Health Care Administration,
713 the office of Early Learning, or county agencies responsible for
714 carrying out:
715 1. Child or adult protective investigations;
716 2. Ongoing child or adult protective services;
717 3. Early intervention and prevention services;
718 4. Healthy Start services;
719 5. Licensure or approval of adoptive homes, foster homes,
720 child care facilities, facilities licensed under chapters 393
721 and 394 chapter 393, family day care homes, providers who
722 receive school readiness funding under part VI of chapter 1002,
723 or other homes used to provide for the care and welfare of
724 children;
725 6. Employment screening for caregivers in residential group
726 homes and facilities licensed under chapters 393, 394, and 409;
727 or
728 7. Services for victims of domestic violence when provided
729 by certified domestic violence centers working at the
730 department’s request as case consultants or with shared clients.
731
732 Also, employees or agents of the Department of Juvenile Justice
733 responsible for the provision of services to children, pursuant
734 to chapters 984 and 985.
735 (h) Any appropriate official of the department, the Agency
736 for Health Care Administration, or the Agency for Persons with
737 Disabilities who is responsible for:
738 1. Administration or supervision of the department’s
739 program for the prevention, investigation, or treatment of child
740 abuse, abandonment, or neglect, or abuse, neglect, or
741 exploitation of a vulnerable adult, when carrying out his or her
742 official function;
743 2. Taking appropriate administrative action concerning an
744 employee of the department or the agency who is alleged to have
745 perpetrated child abuse, abandonment, or neglect, or abuse,
746 neglect, or exploitation of a vulnerable adult; or
747 3. Employing and continuing employment of personnel of the
748 department or the agency.
749 (7) Custodians of records made confidential and exempt
750 under this section must grant access to such records within 7
751 business days after such records are requested by a legislative
752 committee under s. 11.143, if requested within that timeframe.
753 Section 6. Subsections (1), (3), and (4) of section 39.205,
754 Florida Statutes, are amended, and subsection (11) is added to
755 that section, to read:
756 39.205 Penalties relating to reporting of child abuse,
757 abandonment, or neglect.—
758 (1) A person who is required to report known or suspected
759 child abuse, abandonment, or neglect and who knowingly and
760 willfully fails to report to the central abuse hotline known or
761 suspected child abuse, abandonment, or neglect do so, or who
762 knowingly and willfully prevents another person from doing so,
763 commits a felony of the third degree, punishable as provided in
764 s. 775.082, s. 775.083, or s. 775.084. A judge subject to
765 discipline pursuant to s. 12, Art. V of the State Florida
766 Constitution may shall not be subject to criminal prosecution
767 when the information was received in the course of official
768 duties.
769 (3) Any Florida College System institution, state
770 university, or nonpublic college, university, or school, as
771 defined in s. 1000.21 or s. 1005.02, whose administrators
772 knowingly and willfully, upon receiving information from
773 faculty, staff, or other institution employees, knowingly and
774 willfully fail to report to the central abuse hotline known or
775 suspected child abuse, abandonment, or neglect committed on the
776 property of the university, college, or school, or during an
777 event or function sponsored by the university, college, or
778 school, or who knowingly and willfully prevent another person
779 from doing so, shall be subject to fines of $1 million for each
780 such failure.
781 (a) A Florida College System institution subject to a fine
782 shall be assessed by the State Board of Education.
783 (b) A state university subject to a fine shall be assessed
784 by the Board of Governors.
785 (c) A nonpublic college, university, or school subject to a
786 fine shall be assessed by the Commission for Independent
787 Education.
788 (4) Any Florida College System institution, state
789 university, or nonpublic college, university, or school, as
790 defined in s. 1000.21 or s. 1005.02, whose law enforcement
791 agency fails to report to the central abuse hotline known or
792 suspected child abuse, abandonment, or neglect committed on the
793 property of the university, college, or school, or during an
794 event or function sponsored by the university, college, or
795 school, shall be subject to fines of $1 million for each such
796 failure, assessed in the same manner as specified in subsection
797 (3).
798 (11) This section may not be construed to remove or reduce
799 the requirement of any person, including, but not limited to,
800 any employee of a school readiness program provider determined
801 to be eligible under s. 1002.88; a private prekindergarten
802 provider or a public school prekindergarten provider, as those
803 terms are defined in s. 1002.51; a public K-12 school as
804 described in s. 1000.04; a private school as defined in s.
805 1002.01; a Florida College System institution or a state
806 university, as those terms are defined in s. 1000.21; a college
807 as defined in s. 1005.02; or a school as defined in s. 1005.02,
808 to directly report a known or suspected case of child abuse,
809 abandonment, or neglect or the sexual abuse of a child to the
810 department’s central abuse hotline. A person required to report
811 to the central abuse hotline is not relieved of such obligation
812 by notifying his or her supervisor.
813 Section 7. Section 39.208, Florida Statutes, is created to
814 read:
815 39.208 Cross-reporting child abuse, abandonment, or neglect
816 and animal cruelty.—
817 (1) LEGISLATIVE FINDINGS AND INTENT.—
818 (a) The Legislature recognizes that animal cruelty of any
819 kind is a type of interpersonal violence that often co-occurs
820 with child abuse and other forms of family violence, including
821 elder abuse and domestic violence. Early identification of
822 animal cruelty is an important tool in safeguarding children
823 from abuse, abandonment, and neglect; providing needed support
824 to families; and protecting animals.
825 (b) The Legislature finds that education and training for
826 child protective investigators and animal control officers
827 should include information on the link between the welfare of
828 animals in the family and child safety and protection.
829 (c) Therefore, it is the intent of the Legislature to
830 require reporting and cross-reporting protocols and
831 collaborative training between child protective investigators
832 and animal control officers to help protect the safety and well
833 being of children, their families, and their animals.
834 (2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.—
835 (a) Any person who is required to investigate child abuse,
836 abandonment, or neglect under this chapter and who, while acting
837 in his or her professional capacity or within the scope of
838 employment, knows or has reasonable cause to suspect that animal
839 cruelty, as those terms are defined in s. 828.27(1)(a) and (d),
840 respectively, has occurred at the same address shall report such
841 knowledge or suspicion within 72 hours after the child
842 protective investigator becomes aware of the known or suspected
843 animal cruelty to his or her supervisor who shall submit the
844 report to a local animal control agency. The report must include
845 all of the following information:
846 1. A description of the animal and of the known or
847 suspected animal cruelty.
848 2. The name and address of the animal’s owner or keeper, if
849 that information is available to the child protective
850 investigator.
851 3. Any other information available to the child protective
852 investigator which might assist an animal control officer, as
853 defined in s. 828.27(1)(b), or law enforcement officer in
854 establishing the cause of the animal cruelty and the manner in
855 which it occurred.
856 (b) A child protective investigator who makes a report
857 under this section is presumed to have acted in good faith. An
858 investigator acting in good faith who makes a report under this
859 section or who cooperates in an investigation of known or
860 suspected animal cruelty is immune from any civil or criminal
861 liability or administrative penalty or sanction that might
862 otherwise be incurred in connection with making the report or
863 otherwise cooperating.
864 (3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.—Any person
865 who is required to investigate animal cruelty under chapter 828
866 and who, while acting in his or her professional capacity or
867 within the scope of employment, knows or has reasonable cause to
868 suspect that a child is abused, abandoned, or neglected by a
869 parent, legal custodian, caregiver, or other person responsible
870 for the child’s welfare or that a child is in need of
871 supervision and care and does not have a parent, a legal
872 custodian, or a responsible adult relative immediately known and
873 available to provide supervision and care to that child shall
874 immediately report such knowledge or suspicion to the
875 department’s central abuse hotline.
876 (4) PENALTIES.—
877 (a) A child protective investigator who is required to
878 report known or suspected animal cruelty under subsection (2)
879 and who knowingly and willfully fails to do so commits a
880 misdemeanor of the second degree, punishable as provided in s.
881 775.082 or s. 775.083.
882 (b) An animal control officer, as defined in s.
883 828.27(1)(b), who is required to report known or suspected
884 abuse, abandonment, or neglect of a child under subsection (3)
885 and who knowingly and willfully fails to report an incident of
886 known or suspected abuse, abandonment, or neglect, as required
887 by s. 39.201 is subject to the penalties under s. 39.205.
888 (5) TRAINING.—The department, in consultation with animal
889 welfare associations, shall develop or adapt and use already
890 available training materials in a 1-hour training course for all
891 child protective investigators and animal control officers on
892 the accurate and timely identification and reporting of child
893 abuse, abandonment, or neglect or animal cruelty and the
894 interconnectedness of such abuse, abandonment, or neglect. The
895 department shall incorporate into the required training for
896 child protective investigators information on the identification
897 of harm to and neglect of animals and the relationship of such
898 activities to child welfare case practice. The 1-hour training
899 course developed for animal control officers must include a
900 component that advises such officers of the mandatory duty to
901 report any known or suspected child abuse, abandonment, or
902 neglect under this section and s. 39.201 and the criminal
903 penalties associated with a violation of failing to report known
904 or suspected child abuse, abandonment, or neglect which is
905 punishable as provided under s. 39.205.
906 (6) RULEMAKING.—The department shall adopt rules to
907 implement this section.
908 Section 8. Subsection (6) and paragraph (a) of subsection
909 (9) of section 39.301, Florida Statutes, are amended, and
910 subsection (24) is added to that section, to read:
911 39.301 Initiation of protective investigations.—
912 (6) Upon commencing an investigation under this part, if a
913 report was received from a reporter under s. 39.201(1)(a)2. s.
914 39.201(1)(b), the protective investigator must provide his or
915 her contact information to the reporter within 24 hours after
916 being assigned to the investigation. The investigator must also
917 advise the reporter that he or she may provide a written summary
918 of the report made to the central abuse hotline to the
919 investigator which shall become a part of the electronic child
920 welfare case file.
921 (9)(a) For each report received from the central abuse
922 hotline and accepted for investigation, the department or the
923 sheriff providing child protective investigative services under
924 s. 39.3065, shall perform the following child protective
925 investigation activities to determine child safety:
926 1. Conduct a review of all relevant, available information
927 specific to the child and family and alleged maltreatment;
928 family child welfare history; local, state, and federal criminal
929 records checks; and requests for law enforcement assistance
930 provided by the abuse hotline. Based on a review of available
931 information, including the allegations in the current report, a
932 determination shall be made as to whether immediate consultation
933 should occur with law enforcement, the Child Protection Team, a
934 domestic violence shelter or advocate, or a substance abuse or
935 mental health professional. Such consultations should include
936 discussion as to whether a joint response is necessary and
937 feasible. A determination shall be made as to whether the person
938 making the report should be contacted before the face-to-face
939 interviews with the child and family members.
940 2. Conduct face-to-face interviews with the child; other
941 siblings, if any; and the parents, legal custodians, or
942 caregivers.
943 3. Assess the child’s residence, including a determination
944 of the composition of the family and household, including the
945 name, address, date of birth, social security number, sex, and
946 race of each child named in the report; any siblings or other
947 children in the same household or in the care of the same
948 adults; the parents, legal custodians, or caregivers; and any
949 other adults in the same household.
950 4. Determine whether there is any indication that any child
951 in the family or household has been abused, abandoned, or
952 neglected; the nature and extent of present or prior injuries,
953 abuse, or neglect, and any evidence thereof; and a determination
954 as to the person or persons apparently responsible for the
955 abuse, abandonment, or neglect, including the name, address,
956 date of birth, social security number, sex, and race of each
957 such person.
958 5. Complete assessment of immediate child safety for each
959 child based on available records, interviews, and observations
960 with all persons named in subparagraph 2. and appropriate
961 collateral contacts, which may include other professionals, and
962 continually assess the child’s safety throughout the
963 investigation. The department’s child protection investigators
964 are hereby designated a criminal justice agency for the purpose
965 of accessing criminal justice information to be used for
966 enforcing this state’s laws concerning the crimes of child
967 abuse, abandonment, and neglect. This information shall be used
968 solely for purposes supporting the detection, apprehension,
969 prosecution, pretrial release, posttrial release, or
970 rehabilitation of criminal offenders or persons accused of the
971 crimes of child abuse, abandonment, or neglect and may not be
972 further disseminated or used for any other purpose.
973 6. Document the present and impending dangers to each child
974 based on the identification of inadequate protective capacity
975 through utilization of a standardized safety assessment
976 instrument. If present or impending danger is identified, the
977 child protective investigator must implement a safety plan or
978 take the child into custody. If present danger is identified and
979 the child is not removed, the child protective investigator
980 shall create and implement a safety plan before leaving the home
981 or the location where there is present danger. If impending
982 danger is identified, the child protective investigator shall
983 create and implement a safety plan as soon as necessary to
984 protect the safety of the child. The child protective
985 investigator may modify the safety plan if he or she identifies
986 additional impending danger.
987 a. If the child protective investigator implements a safety
988 plan, the plan must be specific, sufficient, feasible, and
989 sustainable in response to the realities of the present or
990 impending danger. A safety plan may be an in-home plan or an
991 out-of-home plan, or a combination of both. A safety plan may
992 include tasks or responsibilities for a parent, caregiver, or
993 legal custodian. However, a safety plan may not rely on
994 promissory commitments by the parent, caregiver, or legal
995 custodian who is currently not able to protect the child or on
996 services that are not available or will not result in the safety
997 of the child. A safety plan may not be implemented if for any
998 reason the parents, guardian, or legal custodian lacks the
999 capacity or ability to comply with the plan. If the department
1000 is not able to develop a plan that is specific, sufficient,
1001 feasible, and sustainable, the department shall file a shelter
1002 petition. A child protective investigator shall implement
1003 separate safety plans for the perpetrator of domestic violence,
1004 if the investigator, using reasonable efforts, can locate the
1005 perpetrator to implement a safety plan, and for the parent who
1006 is a victim of domestic violence as defined in s. 741.28.
1007 Reasonable efforts to locate a perpetrator include, but are not
1008 limited to, a diligent search pursuant to the same requirements
1009 as in s. 39.503. If the perpetrator of domestic violence is not
1010 the parent, guardian, or legal custodian of any child in the
1011 home and if the department does not intend to file a shelter
1012 petition or dependency petition that will assert allegations
1013 against the perpetrator as a parent of a child in the home, the
1014 child protective investigator shall seek issuance of an
1015 injunction authorized by s. 39.504 to implement a safety plan
1016 for the perpetrator and impose any other conditions to protect
1017 the child. The safety plan for the parent who is a victim of
1018 domestic violence may not be shared with the perpetrator. If any
1019 party to a safety plan fails to comply with the safety plan
1020 resulting in the child being unsafe, the department shall file a
1021 shelter petition.
1022 b. The child protective investigator shall collaborate with
1023 the community-based care lead agency in the development of the
1024 safety plan as necessary to ensure that the safety plan is
1025 specific, sufficient, feasible, and sustainable. The child
1026 protective investigator shall identify services necessary for
1027 the successful implementation of the safety plan. The child
1028 protective investigator and the community-based care lead agency
1029 shall mobilize service resources to assist all parties in
1030 complying with the safety plan. The community-based care lead
1031 agency shall prioritize safety plan services to families who
1032 have multiple risk factors, including, but not limited to, two
1033 or more of the following:
1034 (I) The parent or legal custodian is of young age;
1035 (II) The parent or legal custodian, or an adult currently
1036 living in or frequently visiting the home, has a history of
1037 substance abuse, mental illness, or domestic violence;
1038 (III) The parent or legal custodian, or an adult currently
1039 living in or frequently visiting the home, has been previously
1040 found to have physically or sexually abused a child;
1041 (IV) The parent or legal custodian, or an adult currently
1042 living in or frequently visiting the home, has been the subject
1043 of multiple allegations by reputable reports of abuse or
1044 neglect;
1045 (V) The child is physically or developmentally disabled; or
1046 (VI) The child is 3 years of age or younger.
1047 c. The child protective investigator shall monitor the
1048 implementation of the plan to ensure the child’s safety until
1049 the case is transferred to the lead agency at which time the
1050 lead agency shall monitor the implementation.
1051 d. The department may file a petition for shelter or
1052 dependency without a new child protective investigation or the
1053 concurrence of the child protective investigator if the child is
1054 unsafe but for the use of a safety plan and the parent or
1055 caregiver has not sufficiently increased protective capacities
1056 within 90 days after the transfer of the safety plan to the lead
1057 agency.
1058 (24) At the beginning of and throughout an investigation of
1059 an allegation of sexual abuse of a child placed in out-of-home
1060 care, the child protective investigator must assess and take
1061 appropriate protective actions to address the safety of other
1062 children in the out-of-home placement, or who are accessible to
1063 the alleged perpetrator, who are not the subject of the
1064 allegation.
1065 Section 9. Subsections (1) and (2) of section 39.302,
1066 Florida Statutes, are amended to read:
1067 39.302 Protective investigations of institutional child
1068 abuse, abandonment, or neglect.—
1069 (1) The department shall conduct a child protective
1070 investigation of each report of institutional child abuse,
1071 abandonment, or neglect. Upon receipt of a report that alleges
1072 that an employee or agent of the department, or any other entity
1073 or person covered by s. 39.01(37) or (54), acting in an official
1074 capacity, has committed an act of child abuse, abandonment, or
1075 neglect, the department shall initiate a child protective
1076 investigation within the timeframe established under s.
1077 39.101(2) s. 39.201(5) and notify the appropriate state
1078 attorney, law enforcement agency, and licensing agency, which
1079 shall immediately conduct a joint investigation, unless
1080 independent investigations are more feasible. When conducting
1081 investigations or having face-to-face interviews with the child,
1082 investigation visits shall be unannounced unless it is
1083 determined by the department or its agent that unannounced
1084 visits threaten the safety of the child. If a facility is exempt
1085 from licensing, the department shall inform the owner or
1086 operator of the facility of the report. Each agency conducting a
1087 joint investigation is entitled to full access to the
1088 information gathered by the department in the course of the
1089 investigation. A protective investigation must include an
1090 interview with the child’s parent or legal guardian. The
1091 department shall make a full written report to the state
1092 attorney within 3 business working days after making the oral
1093 report. A criminal investigation shall be coordinated, whenever
1094 possible, with the child protective investigation of the
1095 department. Any interested person who has information regarding
1096 the offenses described in this subsection may forward a
1097 statement to the state attorney as to whether prosecution is
1098 warranted and appropriate. Within 15 days after the completion
1099 of the investigation, the state attorney shall report the
1100 findings to the department and shall include in the report a
1101 determination of whether or not prosecution is justified and
1102 appropriate in view of the circumstances of the specific case.
1103 (2)(a) If in the course of the child protective
1104 investigation, the department finds that a subject of a report,
1105 by continued contact with children in care, constitutes a
1106 threatened harm to the physical health, mental health, or
1107 welfare of the children, the department may restrict a subject’s
1108 access to the children pending the outcome of the investigation.
1109 The department or its agent shall employ the least restrictive
1110 means necessary to safeguard the physical health, mental health,
1111 and welfare of the children in care. This authority shall apply
1112 only to child protective investigations in which there is some
1113 evidence that child abuse, abandonment, or neglect has occurred.
1114 A subject of a report whose access to children in care has been
1115 restricted is entitled to petition the circuit court for
1116 judicial review. The court shall enter written findings of fact
1117 based upon the preponderance of evidence that child abuse,
1118 abandonment, or neglect did occur and that the department’s
1119 restrictive action against a subject of the report was justified
1120 in order to safeguard the physical health, mental health, and
1121 welfare of the children in care. The restrictive action of the
1122 department shall be effective for no more than 90 days without a
1123 judicial finding supporting the actions of the department.
1124 (b) During an investigation, the alleged perpetrator may be
1125 represented by an attorney, at his or her own expense, or may be
1126 accompanied by another person, if the attorney or the other
1127 person executes an affidavit of understanding with the
1128 department and agrees to comply with the confidentiality
1129 requirements under s. 39.202. The absence of an attorney or
1130 accompanying person does not prevent the department from
1131 proceeding with other aspects of the investigation, including
1132 interviews with other persons. In institutional child abuse,
1133 abandonment, or neglect cases when the institution is not
1134 operational and the child cannot otherwise be located, the
1135 investigation must commence immediately upon the institution
1136 resuming operation. If requested by a state attorney or local
1137 law enforcement agency, the department shall furnish all
1138 investigative reports to such state attorney or agency.
1139 (c)(b) Upon completion of the department’s child protective
1140 investigation, the department may make application to the
1141 circuit court for continued restrictive action against any
1142 person necessary to safeguard the physical health, mental
1143 health, and welfare of the children in care.
1144 Section 10. Subsections (1), (2), and (3) of section
1145 39.3035, Florida Statutes, are renumbered as subsections (2),
1146 (3), and (4), respectively, present subsection (3) is amended,
1147 and a new subsection (1) is added to that section, to read:
1148 39.3035 Child advocacy centers; standards; state funding.—
1149 (1) Child advocacy centers are facilities that offer
1150 multidisciplinary services in a community-based, child-focused
1151 environment to children who are alleged to be victims of child
1152 abuse, abandonment, or neglect. The children served by such
1153 centers may have experienced a variety of types of child abuse,
1154 abandonment, or neglect, including, but not limited to, sexual
1155 abuse or severe physical abuse. The centers bring together,
1156 often in one location, child protective investigators, law
1157 enforcement officers, prosecutors, health care professionals,
1158 and mental health professionals to provide a coordinated,
1159 comprehensive response to victims and their caregivers.
1160 (4)(3) A child advocacy center within this state may not
1161 receive the funds generated pursuant to s. 938.10, state or
1162 federal funds administered by a state agency, or any other funds
1163 appropriated by the Legislature unless all of the standards of
1164 subsection (2) (1) are met and the screening requirement of
1165 subsection (3) (2) is met. The Florida Network of Children’s
1166 Advocacy Centers, Inc., shall be responsible for tracking and
1167 documenting compliance with subsections (2) and (3) (1) and (2)
1168 for any of the funds it administers to member child advocacy
1169 centers.
1170 (a) Funds for the specific purpose of funding children’s
1171 advocacy centers shall be appropriated to the Department of
1172 Children and Families from funds collected from the additional
1173 court cost imposed in cases of certain crimes against minors
1174 under s. 938.10. Funds shall be disbursed to the Florida Network
1175 of Children’s Advocacy Centers, Inc., as established under this
1176 section, for the purpose of providing community-based services
1177 that augment, but do not duplicate, services provided by state
1178 agencies.
1179 (b) The board of directors of the Florida Network of
1180 Children’s Advocacy Centers, Inc., shall retain 10 percent of
1181 all revenues collected to be used to match local contributions,
1182 at a rate not to exceed an equal match, in communities
1183 establishing children’s advocacy centers. The board of directors
1184 may use up to 5 percent of the remaining funds to support the
1185 activities of the network office and must develop funding
1186 criteria and an allocation methodology that ensures an equitable
1187 distribution of remaining funds among network participants. The
1188 criteria and methodologies must take into account factors that
1189 include, but need not be limited to, the center’s accreditation
1190 status with respect to the National Children’s Alliance, the
1191 number of clients served, and the population of the area being
1192 served by the children’s advocacy center.
1193 (c) At the end of each fiscal year, each children’s
1194 advocacy center receiving revenue as provided in this section
1195 must provide a report to the board of directors of the Florida
1196 Network of Children’s Advocacy Centers, Inc., which reflects
1197 center expenditures, all sources of revenue received, and
1198 outputs that have been standardized and agreed upon by network
1199 members and the board of directors, such as the number of
1200 clients served, client demographic information, and number and
1201 types of services provided. The Florida Network of Children’s
1202 Advocacy Centers, Inc., must compile reports from the centers
1203 and provide a report to the President of the Senate and the
1204 Speaker of the House of Representatives in August of each year.
1205 Section 11. Subsection (3) of section 39.4015, Florida
1206 Statutes, is amended to read:
1207 39.4015 Family finding.—
1208 (3) FAMILY-FINDING PROGRAM.—Subject to available resources,
1209 The department, in collaboration with sheriffs’ offices that
1210 conduct child protective investigations and community-based care
1211 lead agencies, shall may develop a formal family-finding program
1212 to be implemented by child protective investigators and
1213 community-based care lead agencies as resources permit.
1214 (a) Family-finding efforts shall Family finding may begin
1215 as soon as a child is taken into custody of the department,
1216 pursuant to s. 39.401, and throughout the duration of the case
1217 as necessary, finding and engaging with as many family members
1218 and fictive kin as possible for each child who may help with
1219 care or support for the child. The department or community-based
1220 care lead agency must specifically document strategies taken to
1221 locate and engage relatives and fictive kin. Strategies of
1222 engagement may include, but are not limited to, asking the
1223 relatives and fictive kin to:
1224 1. Participate in a family group decisionmaking conference,
1225 family team conferencing, or other family meetings aimed at
1226 developing or supporting the family service plan;
1227 2. Attend visitations with the child;
1228 3. Assist in transportation of the child;
1229 4. Provide respite or child care services; or
1230 5. Provide actual kinship care.
1231 (b) The family-finding family finding program shall provide
1232 the department and the community-based care lead agencies with
1233 best practices for identifying family and fictive kin. The
1234 family-finding family finding program must use diligent efforts
1235 in family finding and, must continue those efforts until
1236 multiple relatives and fictive kin are identified, and must go
1237 beyond basic searching tools by exploring alternative tools and
1238 methodologies. Family-finding Family finding efforts by the
1239 department and the community-based care lead agency may include,
1240 but are not limited to:
1241 1. Searching for and locating adult relatives and fictive
1242 kin.
1243 2. Identifying and building positive connections between
1244 the child and the child’s relatives and fictive kin.
1245 3. Supporting the engagement of relatives and fictive kin
1246 in social service planning and delivery of services and creating
1247 a network of extended family support to assist in remedying the
1248 concerns that led to the child becoming involved with the child
1249 welfare system, when appropriate.
1250 4. Maintaining family connections, when possible.
1251 5. Keeping siblings together in care, when in the best
1252 interest of each child and when possible.
1253 (c) To be compliant with this section, family-finding
1254 efforts must go beyond basic searching tools by exploring
1255 alternative tools and methodologies. A basic computer search
1256 using the Internet or attempts to contact known relatives at a
1257 last known address or telephone number do not constitute
1258 effective family finding.
1259 Section 12. Section 39.4085, Florida Statutes, is amended
1260 to read:
1261 39.4085 Legislative findings and declaration of intent for
1262 Goals for dependent children; responsibilities; education.—
1263 (1) The Legislature finds and declares that the design and
1264 delivery of child welfare services should be directed by the
1265 principle that the health and safety of children, including the
1266 freedom from abuse, abandonment, or neglect, is should be of
1267 paramount concern and, therefore, establishes the following
1268 goals for children in shelter or foster care:
1269 (a)(1) To receive a copy of this act and have it fully
1270 explained to them when they are placed in the custody of the
1271 department.
1272 (b)(2) To enjoy individual dignity, liberty, pursuit of
1273 happiness, and the protection of their civil and legal rights as
1274 persons in the custody of the state.
1275 (c)(3) To have their privacy protected, have their personal
1276 belongings secure and transported with them, and, unless
1277 otherwise ordered by the court, have uncensored communication,
1278 including receiving and sending unopened communications and
1279 having access to a telephone.
1280 (d)(4) To have personnel providing services who are
1281 sufficiently qualified and experienced to assess the risk
1282 children face before prior to removal from their homes and to
1283 meet the needs of the children once they are in the custody of
1284 the department.
1285 (e)(5) To remain in the custody of their parents or legal
1286 custodians unless and until there has been a determination by a
1287 qualified person exercising competent professional judgment that
1288 removal is necessary to protect their physical, mental, or
1289 emotional health or safety.
1290 (f)(6) To have a full risk, health, educational, medical,
1291 and psychological screening and, if needed, assessment and
1292 testing upon adjudication into foster care; and to have their
1293 photograph and fingerprints included in their case management
1294 file.
1295 (g)(7) To be referred to and receive services, including
1296 necessary medical, emotional, psychological, psychiatric, and
1297 educational evaluations and treatment, as soon as practicable
1298 after identification of the need for such services by the
1299 screening and assessment process.
1300 (h)(8) To be placed in a home with no more than one other
1301 child, unless they are part of a sibling group.
1302 (i)(9) To be placed away from other children known to pose
1303 a threat of harm to them, either because of their own risk
1304 factors or those of the other child.
1305 (j)(10) To be placed in a home where the shelter or foster
1306 caregiver is aware of and understands the child’s history,
1307 needs, and risk factors.
1308 (k)(11) To be the subject of a plan developed by the
1309 counselor and the shelter or foster caregiver to deal with
1310 identified behaviors that may present a risk to the child or
1311 others.
1312 (l)(12) To be involved and incorporated, if where
1313 appropriate, in the development of the case plan, to have a case
1314 plan which will address their specific needs, and to object to
1315 any of the provisions of the case plan.
1316 (m)(13) To receive meaningful case management and planning
1317 that will quickly return the child to his or her family or move
1318 the child on to other forms of permanency.
1319 (n)(14) To receive regular communication with a case
1320 manager caseworker, at least once a month, which shall include
1321 meeting with the child alone and conferring with the shelter or
1322 foster caregiver.
1323 (o)(15) To enjoy regular visitation, at least once a week,
1324 with their siblings unless the court orders otherwise.
1325 (p)(16) To enjoy regular visitation with their parents, at
1326 least once a month, unless the court orders otherwise.
1327 (q)(17) To receive a free and appropriate education;
1328 minimal disruption to their education and retention in their
1329 home school, if appropriate; referral to the child study team;
1330 all special educational services, including, if where
1331 appropriate, the appointment of a parent surrogate; and the
1332 sharing of all necessary information between the school board
1333 and the department, including information on attendance and
1334 educational progress.
1335 (r)(18) To be able to raise grievances with the department
1336 over the care they are receiving from their caregivers, case
1337 managers caseworkers, or other service providers.
1338 (s)(19) To be heard by the court, if appropriate, at all
1339 review hearings.
1340 (t)(20) To have a guardian ad litem appointed to represent,
1341 within reason, their best interests and, if where appropriate,
1342 an attorney ad litem appointed to represent their legal
1343 interests; the guardian ad litem and attorney ad litem shall
1344 have immediate and unlimited access to the children they
1345 represent.
1346 (u)(21) To have all their records available for review by
1347 their guardian ad litem and attorney ad litem if they deem such
1348 review necessary.
1349 (v)(22) To organize as a group for purposes of ensuring
1350 that they receive the services and living conditions to which
1351 they are entitled and to provide support for one another while
1352 in the custody of the department.
1353 (w)(23) To be afforded prompt access to all available state
1354 and federal programs, including, but not limited to: Early
1355 Periodic Screening, Diagnosis, and Testing (EPSDT) services,
1356 developmental services programs, Medicare and supplemental
1357 security income, Children’s Medical Services, and programs for
1358 severely emotionally disturbed children.
1359
1360 The provisions of This subsection establishes section establish
1361 goals and not rights. Nothing in This subsection does not
1362 require section shall be interpreted as requiring the delivery
1363 of any particular service or level of service in excess of
1364 existing appropriations. A No person does not shall have a cause
1365 of action against the state or any of its subdivisions,
1366 agencies, contractors, subcontractors, or agents, based upon the
1367 adoption of or failure to provide adequate funding for the
1368 achievement of these goals by the Legislature. This subsection
1369 does not Nothing herein shall require the expenditure of funds
1370 to meet the goals established in this subsection herein except
1371 those funds specifically appropriated for such purpose.
1372 (2) The department shall operate with the understanding
1373 that the rights of children in shelter or foster care are
1374 critical to their safety, permanency, and well-being. The
1375 department shall work with all stakeholders to help such
1376 children become knowledgeable about their rights.
1377 (3)(a) The case manager or other staff shall provide verbal
1378 and written instructions to a child entering shelter or foster
1379 care to educate the child on identifying and reporting abuse,
1380 abandonment, or neglect. The verbal and written instructions
1381 must use words and phrasing that each child can understand and
1382 must occur in a manner that is most effective for each child.
1383 The written instructions are only required if the child is of a
1384 sufficient age and understanding to receive such instructions.
1385 The case manager or other staff must give each child the
1386 opportunity to ask questions about his or her rights and how to
1387 identify and report abuse, abandonment, or neglect. The case
1388 manager or other staff shall document in court reports and case
1389 notes the date the information was provided to the child. The
1390 case manager or other staff must review the information with the
1391 child every 6 months and upon every placement change until the
1392 child leaves shelter or foster care.
1393 (b) District school boards are authorized and encouraged to
1394 establish educational programs for students ages 5 through 18
1395 relating to identifying and reporting abuse, abandonment, or
1396 neglect and the effects of such abuse, abandonment, or neglect
1397 on a child. The district school boards may provide such programs
1398 in conjunction with the youth mental health awareness and
1399 assistance training program required under s. 1012.584, any
1400 other mental health education program offered by the school
1401 district, or any of the educational instruction required under
1402 s. 1003.42(2).
1403 Section 13. Paragraphs (c), (k), and (l) of subsection (1)
1404 of section 39.4087, Florida Statutes, are amended to read:
1405 39.4087 Department goals and requirements relating to
1406 caregivers; dispute resolution.—
1407 (1) To provide the best care to children, the Legislature
1408 establishes as goals for the department to treat foster parents,
1409 kinship caregivers, and nonrelative caregivers with dignity,
1410 respect, and trust while ensuring delivery of child welfare
1411 services is focused on the best interest of the child. To that
1412 end, regarding foster parents, kinship caregivers, and
1413 nonrelative caregivers caring for dependent children in their
1414 home, to the extent not otherwise prohibited by state or federal
1415 law and to the extent of current resources, the department will
1416 strive to:
1417 (c)1. Fully disclose all relevant information regarding the
1418 child and the background of his or her biological family. A
1419 caregiver must maintain the confidentiality of any information
1420 as required by law. Such disclosure includes, but is not limited
1421 to:
1422 a.1. Any issues relative to the child that may jeopardize
1423 the health and safety of the caregiver or other individuals
1424 residing in the household or alter the manner in which the
1425 caregiver would normally provide care.
1426 b.2. Any delinquency or criminal record of the child,
1427 including, but not limited to, any pending petitions or
1428 adjudications of delinquency when the conduct constituting the
1429 delinquent act, if committed by an adult, would constitute
1430 murder in the first degree, murder in the second degree, rape,
1431 robbery, or kidnapping.
1432 c.3. Information about any physical or sexual abuse the
1433 child has experienced.
1434 d.4. Any behavioral issues that may affect the care and
1435 supervision of the child.
1436 e.5. With parental consent to the extent required by law,
1437 any known health history and medical, psychological, or
1438 behavioral mental health issues or needs of the child,
1439 including, but not limited to, current infectious diseases the
1440 child has or any episodes of hospitalization due to mental or
1441 physical illness.
1442 2. A caregiver must maintain the confidentiality of any
1443 information provided under this paragraph as required by law.
1444 (k) Give at least 7 days’ notice to a caregiver, to the
1445 extent possible, of any meeting or court hearing related to a
1446 child in his or her care. The notice must shall include, at
1447 minimum, but is not limited to, the name of the judge or hearing
1448 officer, the docket number, and the purpose and location of the
1449 hearing or meeting. If the department is providing such
1450 information to a child’s biological parent, the department shall
1451 provide notice to the caregiver at the same time as the
1452 biological parent.
1453 (l) If the caregiver agrees, Consider the caregiver as a
1454 placement option for a child if such child, who was formerly
1455 placed with the caregiver, reenters out-of-home care and the
1456 caregiver agrees to the child being placed with the caregiver
1457 upon reentry and reenters out-of-home care.
1458 Section 14. Section 39.4092, Florida Statutes, is created
1459 to read:
1460 39.4092 Multidisciplinary legal representation model
1461 program for parents of children in the dependency system.—
1462 (1) LEGISLATIVE FINDINGS.—
1463 (a) The Legislature finds that the use of a specialized
1464 team that includes an attorney, a social worker, and a parent
1465 peer specialist, also known as a multidisciplinary legal
1466 representation model program, in dependency judicial matters is
1467 effective in reducing safety risks to children and providing
1468 families with better outcomes, such as significantly reducing
1469 the time the children spend in out-of-home care and achieving
1470 permanency more quickly.
1471 (b) The Legislature finds that parents in dependency court
1472 often suffer from multiple challenges, such as mental illness,
1473 substance use disorder, domestic violence or other trauma,
1474 unstable housing, or unemployment. These challenges are often a
1475 contributing factor to children experiencing instability or
1476 safety risks. While these challenges may result in legal
1477 involvement or require legal representation, addressing the
1478 underlying challenges in a manner that achieves stability often
1479 falls within the core functions of the practice of social work.
1480 (c) The Legislature also finds that social work
1481 professionals have a unique skill set, including client
1482 assessment and clinical knowledge of family dynamics. This
1483 unique skill set allows these professionals to interact and
1484 engage with families in meaningful and unique ways that are
1485 distinct from the ways in which the families interact with
1486 attorneys or other professional staff involved in dependency
1487 matters. Additionally, social work professionals are skilled at
1488 quickly connecting families facing crisis to resources that can
1489 address the specific underlying challenges.
1490 (d) The Legislature finds that there is a great benefit to
1491 using parent-peer specialists in the dependency system, which
1492 allows parents who have successfully navigated the dependency
1493 system and have been successfully reunified with their children
1494 to be paired with parents whose children are currently involved
1495 in the dependency system. By working with someone who has
1496 personally lived the experience of overcoming great personal
1497 crisis, parents currently involved in the dependency system have
1498 a greater ability to address the underlying challenges that
1499 resulted in the instability and safety risk to their children,
1500 to provide a safe and stable home environment, and to be
1501 successfully reunified.
1502 (e) The Legislature further finds that current federal law
1503 authorizes the reimbursement of a portion of the cost of
1504 attorneys for parents and children in eligible cases, whereas
1505 such funds were formerly restricted to foster care
1506 administrative costs.
1507 (f) The Legislature finds it is necessary to encourage and
1508 facilitate the use of a multidisciplinary legal representation
1509 model for parents and their children in order to improve
1510 outcomes for those families involved in the dependency system
1511 and to provide the families who find themselves in a crisis with
1512 the best opportunity to be successful in creating safe and
1513 stable homes for their children.
1514 (2) ESTABLISHMENT.—Each office of criminal conflict and
1515 civil regional counsel established under s. 27.511 may establish
1516 a multidisciplinary legal representation model program to serve
1517 families in the dependency system.
1518 (3) DUTIES.—
1519 (a) The department shall collaborate with the office of
1520 criminal conflict and civil regional counsel to determine and
1521 execute any necessary documentation for approval of federal
1522 Title IV-E matching funding. The department shall submit such
1523 documentation as promptly as possible upon the establishment of
1524 a multidisciplinary legal representation model program and shall
1525 execute the necessary agreements to ensure the program accesses
1526 available federal matching funding for the program in order to
1527 help eligible families involved in the dependency system.
1528 (b) An office of criminal conflict and civil regional
1529 counsel that establishes a multidisciplinary legal
1530 representation model program must, at a minimum:
1531 1. Use a team that consists of an attorney, a forensic
1532 social worker, and a parent-peer specialist. For purposes of
1533 this section, the term “parent-peer specialist” means a person
1534 who has:
1535 a. Previously had his or her child removed from his or her
1536 care and placed in out-of-home care.
1537 b. Been successfully reunified with the child for more than
1538 2 years.
1539 c. Received specialized training to become a parent-peer
1540 specialist.
1541 2. Comply with any necessary cost-sharing or other
1542 agreements to maximize financial resources and enable access to
1543 available federal Title IV-E matching funding.
1544 3. Provide specialized training and support for attorneys,
1545 forensic social workers, and parent-peer specialists involved in
1546 the model program.
1547 4. Collect uniform data on each child whose parent is
1548 served by the program and ensure that reporting of data is
1549 conducted through the child’s unique identification number in
1550 the Florida Safe Families Network or any successor system, if
1551 applicable.
1552 5. Develop consistent operational program policies and
1553 procedures throughout each region that establishes the model
1554 program.
1555 6. Obtain agreements with universities relating to approved
1556 placements for social work students to ensure the placement of
1557 social workers in the program.
1558 7. Execute conflict of interest agreements with each team
1559 member.
1560 (4) REPORTING.—
1561 (a) Beginning October 1, 2022, and annually thereafter
1562 through October 1, 2025, each office of criminal conflict and
1563 civil regional counsel that establishes a multidisciplinary
1564 legal representation model program must submit an annual report
1565 to the Office of Program Policy Analysis and Government
1566 Accountability. The annual report must use the uniform data
1567 collected on each unique child whose parents are served by the
1568 program and must detail, at a minimum, all of the following:
1569 1. Reasons the family became involved in the dependency
1570 system.
1571 2. Length of time it takes to achieve a permanency goal for
1572 children whose parents are served by the program.
1573 3. Frequency of each type of permanency goal achieved by
1574 children whose parents are served by the program.
1575 4. Rate of subsequent abuse or neglect which results in the
1576 removal of children whose parents are served by the program.
1577 5. Any other relevant factors that tend to show the impact
1578 of the use of such multidisciplinary legal representation model
1579 programs on the outcomes for children in the dependency system.
1580 Each region that has established a model program must agree on
1581 the additional factors and how to collect data on such
1582 additional factors for the annual report.
1583 (b) The Office of Program Policy Analysis and Government
1584 Accountability shall compile the results of the reports required
1585 under paragraph (a) and conduct an analysis comparing the
1586 reported outcomes from the multidisciplinary legal
1587 representation model program to known outcomes of children in
1588 the dependency system whose parents are not served by a
1589 multidisciplinary legal representation model program. Each
1590 office of criminal conflict and civil regional counsel shall
1591 provide any additional information or data requested by the
1592 Office of Program Policy Analysis and Government Accountability
1593 for its analysis. By December 1, 2022, and annually thereafter
1594 through December 1, 2025, the Office of Program Policy Analysis
1595 and Government Accountability must submit its analysis in a
1596 report to the Governor, the President of the Senate, and the
1597 Speaker of the House of Representatives.
1598 Section 15. Paragraph (b) of subsection (2) of section
1599 39.5086, Florida Statutes, is amended to read:
1600 39.5086 Kinship navigator programs.—
1601 (2) PURPOSE AND SERVICES.—
1602 (b) Subject to available resources, Each community-based
1603 care lead agency shall may establish a kinship navigator program
1604 that:
1605 1. Coordinates with other state or local agencies that
1606 promote service coordination or provide information and referral
1607 services, including any entities that participate in the Florida
1608 211 Network, to avoid duplication or fragmentation of services
1609 to kinship care families;
1610 2. Is planned and operated in consultation with kinship
1611 caregivers and organizations representing them, youth raised by
1612 kinship caregivers, relevant governmental agencies, and relevant
1613 community-based or faith-based organizations;
1614 3. Has a toll-free telephone hotline to provide information
1615 to link kinship caregivers, kinship support group facilitators,
1616 and kinship service providers to:
1617 a. One another;
1618 b. Eligibility and enrollment information for federal,
1619 state, and local benefits;
1620 c. Relevant training to assist kinship caregivers in
1621 caregiving and in obtaining benefits and services; and
1622 d. Relevant knowledge related to legal options available
1623 for child custody, other legal assistance, and help in obtaining
1624 legal services.
1625 4. Provides outreach to kinship care families, including by
1626 establishing, distributing, and updating a kinship care website,
1627 or other relevant guides or outreach materials; and
1628 5. Promotes partnerships between public and private
1629 agencies, including schools, community-based or faith-based
1630 organizations, and relevant governmental agencies, to increase
1631 their knowledge of the needs of kinship care families to promote
1632 better services for those families.
1633 Section 16. Subsection (15) of section 39.6225, Florida
1634 Statutes, is renumbered as subsection (13), and present
1635 subsections (13) and (14) are amended to read:
1636 39.6225 Guardianship Assistance Program.—
1637 (13) The Florida Institute for Child Welfare shall evaluate
1638 the implementation of the Guardianship Assistance Program. This
1639 evaluation shall be designed to determine the impact of
1640 implementation of the Guardianship Assistance Program, identify
1641 any barriers that may prevent eligible caregivers from
1642 participating in the program, and identify recommendations
1643 regarding enhancements to the state’s system of supporting
1644 kinship caregivers. The institute shall submit the report to the
1645 Governor, the President of the Senate, and the Speaker of the
1646 House of Representatives no later than January 1, 2021. At a
1647 minimum, the evaluation shall include:
1648 (a) Information about the perspectives and experiences of
1649 program participants, individuals who applied for licensure as
1650 child-specific foster homes or program participation but were
1651 determined to be ineligible, and individuals who were likely
1652 eligible for licensure as a child-specific foster home or for
1653 the program but declined to apply. The institute shall collect
1654 this information through methodologies including, but not
1655 limited to, surveys and focus groups.
1656 (b) An assessment of any communications procedures and
1657 print and electronic materials developed to publicize the
1658 program and recommendations for improving these materials. If
1659 possible, individuals with expertise in marketing and
1660 communications shall contribute to this assessment.
1661 (c) An analysis of the program’s impact on caregivers and
1662 children, including any differences in impact on children placed
1663 with caregivers who were licensed and those who were not.
1664 (d) Recommendations for maximizing participation by
1665 eligible caregivers and improving the support available to
1666 kinship caregivers.
1667 (14) The program shall take effect July 1, 2019.
1668 Section 17. Paragraph (m) is added to subsection (3) and
1669 paragraph (u) is added to subsection (5) of section 394.9082,
1670 Florida Statutes, to read:
1671 394.9082 Behavioral health managing entities.—
1672 (3) DEPARTMENT DUTIES.—The department shall:
1673 (m) Collect and publish, and update annually, all of the
1674 following information on its website for each managing entity:
1675 1. All compensation earned or awarded, whether paid or
1676 accrued, regardless of contingency, by position, for any
1677 employee, and any other person compensated through a contract
1678 for services whose services include those commonly associated
1679 with a chief executive, chief administrator, or other chief
1680 officer of a business or corporation, who receives compensation
1681 from state-appropriated funds in excess of 150 percent of the
1682 annual salary paid to the secretary of the department. For
1683 purposes of this paragraph, the term “employee” has the same
1684 meaning as in s. 448.095(1).
1685 2. The most recent 3 years of the Return of Organization
1686 Exempt from Income Tax, Internal Revenue Service Form 990 and
1687 related documents filed with the Internal Revenue Service,
1688 auditor reports, and annual reports for each managing entity or
1689 affiliated entity.
1690 (5) MANAGING ENTITY DUTIES.—A managing entity shall:
1691 (u) Include the statement “(managing entity name) is a
1692 managing entity contracted with the Department of Children and
1693 Families” on its website and, at a minimum, in its promotional
1694 literature, managing entity-created documents and forms provided
1695 to families served by the managing entity, business cards, and
1696 stationery letterhead.
1697 Section 18. Section 394.90825, Florida Statutes, is created
1698 to read:
1699 394.90825 Boards of behavioral health managing entities;
1700 conflicts of interest.—
1701 (1) As used in this section, the term:
1702 (a) “Activity” includes, but is not limited to, a contract
1703 for goods and services, a contract for the purchase of any real
1704 or tangible property, or an agreement to engage with the
1705 managing entity for the benefit of a third party in exchange for
1706 an interest in real or tangible property, a monetary benefit, or
1707 an in-kind contribution.
1708 (b) “Conflict of interest” means when a board member or an
1709 officer, or a relative of a board member or an officer, of the
1710 managing entity does any of the following:
1711 1. Enters into a contract or other transaction for goods or
1712 services with the managing entity.
1713 2. Holds a direct or indirect interest in a corporation,
1714 limited liability corporation, partnership, limited liability
1715 partnership, or other business entity that conducts business
1716 with the managing entity or proposes to enter into a contract or
1717 other transaction with the managing entity. For purposes of this
1718 paragraph, the term “indirect interest” has the same meaning as
1719 in s. 112.312.
1720 3. Knowingly obtains a direct or indirect personal,
1721 financial, professional, or other benefit as a result of the
1722 relationship of such board member or officer, or relative of the
1723 board member or officer, with the managing entity. For purposes
1724 of this paragraph, the term “benefit” does not include per diem
1725 and travel expenses paid or reimbursed to board members or
1726 officers of the managing entity in connection with their service
1727 on the board.
1728 (c) “Managing entity” has the same meaning as in s.
1729 394.9082.
1730 (d) “Relative” means a relative within the third degree of
1731 consanguinity by blood or marriage.
1732 (2)(a) For any activity that is presented to the board of a
1733 managing entity for its initial consideration and approval after
1734 July 1, 2021, or any activity that involves a contract that is
1735 being considered for renewal on or after July 1, 2021, but
1736 before January 1, 2022, a board member or an officer of a
1737 managing entity shall disclose to the board any activity that
1738 may reasonably be construed to be a conflict of interest before
1739 such activity is initially considered and approved or a contract
1740 is renewed by the board. A rebuttable presumption of a conflict
1741 of interest exists if the activity was acted on by the board
1742 without prior notice as required under subsection (3).
1743 (b) For contracts with a managing entity which are in
1744 existence on July 1, 2021, and are not subject to renewal before
1745 January 1, 2022, a board member or an officer of the managing
1746 entity shall disclose to the board any activity that may
1747 reasonably be construed to be a conflict of interest under this
1748 section by December 31, 2021.
1749 (3)(a) If a board member or an officer of the managing
1750 entity, or a relative of a board member or an officer, proposes
1751 to engage in an activity as described in paragraph (2)(a), the
1752 proposed activity must be listed on the meeting agenda for the
1753 next general or special meeting of the board members, and copies
1754 of all contracts and transactional documents related to the
1755 proposed activity must be included in the agenda. The meeting
1756 agenda must clearly identify the existence of a potential
1757 conflict of interest for the proposed activity. Before a board
1758 member or an officer of the managing entity, or a relative of a
1759 board member or an officer, engages in the proposed activity,
1760 the activity and contract or other transactional documents must
1761 be approved by an affirmative vote of two-thirds of all other
1762 board members present.
1763 (b) If a board member or an officer of the managing entity
1764 notifies the board of a potential conflict of interest with the
1765 board member or officer, or a relative of the board member or
1766 officer, under an existing contract as described in paragraph
1767 (2)(b), the board must notice the activity on a meeting agenda
1768 for the next general or special meeting of the board members,
1769 and copies of all contracts and transactional documents related
1770 to the activity must be attached. The meeting agenda must
1771 clearly identify the existence of a potential conflict of
1772 interest. The board must be given the opportunity to approve or
1773 disapprove the conflict of interest by a vote of two-thirds of
1774 all other board members present.
1775 (4)(a) If the board votes against the proposed activity
1776 under paragraph (3)(a), the board member or officer of the
1777 managing entity, or the relative of the board member or officer,
1778 must notify the board in writing of his or her intention, or his
1779 or her relative’s intention, not to pursue the proposed
1780 activity, or the board member or officer shall withdraw from
1781 office before the next scheduled board meeting. If the board
1782 finds that a board member or officer has violated this
1783 paragraph, the board member or officer shall be removed from
1784 office before the next scheduled board meeting.
1785 (b) In the event that the board does not approve a conflict
1786 of interest as required under paragraph (3)(b), the parties to
1787 the activity may opt to cancel the activity or, in the
1788 alternative, the board member or officer of the managing entity
1789 must resign from the board before the next scheduled board
1790 meeting. If the activity canceled is a contract, the managing
1791 entity is only liable for the reasonable value of the goods and
1792 services provided up to the time of cancellation and is not
1793 liable for any termination fee, liquidated damages, or other
1794 form of penalty for such cancellation.
1795 (5) A board member or an officer of the managing entity, or
1796 a relative of a board member or an officer, who is a party to,
1797 or has an interest in, an activity that is a possible conflict
1798 of interest may attend the meeting at which the activity is
1799 considered by the board and may make a presentation to the board
1800 regarding the activity. After the presentation, the board member
1801 or officer, or the relative of the board member or officer, must
1802 leave the meeting during the discussion of, and the vote on, the
1803 activity. A board member or an officer who is a party to, or has
1804 an interest in, the activity shall recuse himself or herself
1805 from the vote.
1806 (6) A contract entered into between a board member or an
1807 officer of the managing entity, or a relative of a board member
1808 or an officer, and the managing entity which has not been
1809 properly disclosed as a conflict of interest or potential
1810 conflict of interest under this section is voidable and
1811 terminates upon the filing of a written notice terminating the
1812 contract with the board of directors which contains the consent
1813 of at least 20 percent of the voting interests of the managing
1814 entity.
1815 Section 19. Section 394.9086, Florida Statutes, is created
1816 to read:
1817 394.9086 Commission on Mental Health and Substance Abuse.—
1818 (1) CREATION.—The Commission on Mental Health and Substance
1819 Abuse, a commission as defined in s. 20.03(10), is created
1820 adjunct to the department. The department shall provide
1821 administrative and staff support services relating to the
1822 functions of the commission.
1823 (2) PURPOSES.—The purposes of the commission are to examine
1824 the current methods of providing mental health and substance
1825 abuse services in the state and to improve the effectiveness of
1826 current practices, procedures, programs, and initiatives in
1827 providing such services; identify any barriers or deficiencies
1828 in the delivery of such services; and recommend changes to
1829 existing laws, rules, and policies necessary to implement the
1830 commission’s recommendations.
1831 (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
1832 (a) The commission shall be composed of 19 members as
1833 follows:
1834 1. A member of the Senate, appointed by the President of
1835 the Senate.
1836 2. A member of the House of Representatives, appointed by
1837 the Speaker of the House of Representatives.
1838 3. The Secretary of Children and Families or his or her
1839 designee.
1840 4. The Secretary of the Agency for Health Care
1841 Administration or his or her designee.
1842 5. A person living with a mental health disorder, appointed
1843 by the President of the Senate.
1844 6. A family member of a consumer of publicly funded mental
1845 health services, appointed by the President of the Senate.
1846 7. A representative of the Louis de la Parte Florida Mental
1847 Health Institute within the University of South Florida,
1848 appointed by the President of the Senate.
1849 8. A representative of a county school district, appointed
1850 by the President of the Senate.
1851 9. A representative of mental health courts, appointed by
1852 the Governor.
1853 10. A representative of a treatment facility, as defined in
1854 s. 394.455, appointed by the Speaker of the House of
1855 Representatives.
1856 11. A representative of a managing entity, as defined in s.
1857 394.9082(2), appointed by the Speaker of the House of
1858 Representatives.
1859 12. A representative of a community substance abuse
1860 provider, appointed by the Speaker of the House of
1861 Representatives.
1862 13. A psychiatrist licensed under chapter 458 or chapter
1863 459 practicing within the mental health delivery system,
1864 appointed by the Speaker of the House of Representatives.
1865 14. A psychologist licensed under chapter 490 practicing
1866 within the mental health delivery system, appointed by the
1867 Governor.
1868 15. A mental health professional licensed under chapter
1869 491, appointed by the Governor.
1870 16. An emergency room physician, appointed by the Governor.
1871 17. A representative from the field of law enforcement,
1872 appointed by the Governor.
1873 18. A representative from the criminal justice system,
1874 appointed by the Governor.
1875 19. A representative of a child welfare agency involved in
1876 the delivery of behavioral health services, appointed by the
1877 Governor.
1878 (b) The Governor shall appoint the chair from the members
1879 of the commission. Appointments to the commission must be made
1880 by August 1, 2021. Members shall be appointed to serve at the
1881 pleasure of the officer who appointed the member. A vacancy on
1882 the commission shall be filled in the same manner as the
1883 original appointment.
1884 (c) The commission shall convene no later than September 1,
1885 2021. The commission shall meet quarterly or upon the call of
1886 the chair. The commission shall hold its meetings via
1887 teleconference or other electronic means.
1888 (4) DUTIES.—
1889 (a) The duties of the Commission on Mental Health and
1890 Substance Abuse include the following:
1891 1. Conducting a review and evaluation of the management and
1892 functioning of the existing publicly supported mental health and
1893 substance abuse systems and services in the department, the
1894 Agency for Health Care Administration, and all other departments
1895 which administer mental health and substance abuse services.
1896 Such review shall include, at a minimum, a review of current
1897 goals and objectives, current planning, services strategies,
1898 coordination management, purchasing, contracting, financing,
1899 local government funding responsibility, and accountability
1900 mechanisms.
1901 2. Considering the unique needs of persons who are dually
1902 diagnosed.
1903 3. Addressing access to, financing of, and scope of
1904 responsibility in the delivery of emergency behavioral health
1905 care services.
1906 4. Addressing the quality and effectiveness of current
1907 mental health and substance abuse services delivery systems, and
1908 professional staffing and clinical structure of services, roles,
1909 and responsibilities of public and private providers, such as
1910 community mental health centers, community substance abuse
1911 agencies, hospitals, including emergency services departments,
1912 law enforcement agencies, and the judicial system.
1913 5. Addressing priority population groups for publicly
1914 funded mental health and substance abuse services, identifying
1915 the comprehensive mental health and substance abuse services
1916 delivery systems, mental health and substance abuse needs
1917 assessment and planning activities, and local government funding
1918 responsibilities for mental health and substance abuse services.
1919 6. Reviewing the implementation of chapter 2020-107, Laws
1920 of Florida.
1921 7. Identifying any gaps in the provision of mental health
1922 and substance use disorder services.
1923 8. Providing recommendations on how behavioral health
1924 managing entities may fulfill their purpose of promoting service
1925 continuity.
1926 9. Making recommendations regarding the mission and
1927 objectives of state-supported mental health and substance abuse
1928 services and the planning, management, staffing, financing,
1929 contracting, coordination, and accountability mechanisms which
1930 will best foster the recommended mission and objectives.
1931 10. Evaluating and making recommendations regarding the
1932 establishment of a permanent, agency-level entity to manage
1933 mental health, substance abuse, and related services statewide.
1934 At a minimum, the evaluation must consider and describe the:
1935 a. Specific duties and organizational structure proposed
1936 for the entity;
1937 b. Resource needs of the entity and possible sources of
1938 funding;
1939 c. Estimated impact on access to and quality of services;
1940 d. Impact on individuals with behavioral health needs and
1941 their families, both those currently served through the affected
1942 systems providing behavioral health services and those in need
1943 of services; and
1944 e. Relation to, integration with, and impact on providers,
1945 managing entities, communities, state agencies, and systems
1946 which provide mental health and substance abuse services in this
1947 state. Such recommendations must ensure that the ability of such
1948 other agencies and systems to carry out their missions and
1949 responsibilities is not impaired.
1950 (b) The commission may call upon appropriate departments
1951 and agencies of state government for such professional
1952 assistance as may be needed in the discharge of its duties, and
1953 such departments and agencies shall provide such assistance in a
1954 timely manner.
1955 (5) REPORTS.—By September 1, 2022, the commission shall
1956 submit an interim report to the President of the Senate, the
1957 Speaker of the House of Representatives, and the Governor
1958 containing its findings and recommendations on how to best
1959 provide and facilitate mental health and substance abuse
1960 services in the state. The commission shall submit its final
1961 report to the President of the Senate, the Speaker of the House
1962 of Representatives, and the Governor by September 1, 2023.
1963 (6) REPEAL.—This section is repealed September 1, 2023,
1964 unless saved from repeal through reenactment by the Legislature.
1965 Section 20. Subsection (3) of section 409.1415, Florida
1966 Statutes, is renumbered as subsection (4), paragraphs (b) and
1967 (c) of subsection (2) are amended, and a new subsection (3) is
1968 added to that section, to read:
1969 409.1415 Parenting partnerships for children in out-of-home
1970 care; resources.—
1971 (2) PARENTING PARTNERSHIPS.—
1972 (b) To ensure that a child in out-of-home care receives
1973 support for healthy development which gives the child the best
1974 possible opportunity for success, caregivers, birth or legal
1975 parents, the department, and the community-based care lead
1976 agency shall work cooperatively in a respectful partnership by
1977 adhering to the following requirements:
1978 1. All members of the partnership must interact and
1979 communicate professionally with one another, must share all
1980 relevant information promptly, and must respect the
1981 confidentiality of all information related to the child and his
1982 or her family.
1983 2. The caregiver; the birth or legal parent; the child, if
1984 appropriate; the department; and the community-based care lead
1985 agency must participate in developing a case plan for the child
1986 and the birth or legal parent. All members of the team must work
1987 together to implement the case plan. The caregiver must have the
1988 opportunity to participate in all team meetings or court
1989 hearings related to the child’s care and future plans. The
1990 department and community-based care lead agency must support and
1991 facilitate caregiver participation through timely notification
1992 of such meetings and hearings and provide alternative methods
1993 for participation for a caregiver who cannot be physically
1994 present at a meeting or hearing.
1995 3. A caregiver must strive to provide, and the department
1996 and community-based care lead agency must support, excellent
1997 parenting, which includes:
1998 a. A loving commitment to the child and the child’s safety
1999 and well-being.
2000 b. Appropriate supervision and positive methods of
2001 discipline.
2002 c. Encouragement of the child’s strengths.
2003 d. Respect for the child’s individuality and likes and
2004 dislikes.
2005 e. Providing opportunities to develop the child’s interests
2006 and skills.
2007 f. Being aware of the impact of trauma on behavior.
2008 g. Facilitating equal participation of the child in family
2009 life.
2010 h. Involving the child within his or her community.
2011 i. A commitment to enable the child to lead a normal life.
2012 4. A child in out-of-home care must be placed with a
2013 caregiver who has the ability to care for the child, is willing
2014 to accept responsibility for providing care, and is willing and
2015 able to learn about and be respectful of the child’s culture,
2016 religion, and ethnicity; special physical or psychological
2017 needs; circumstances unique to the child; and family
2018 relationships. The department, the community-based care lead
2019 agency, and other agencies must provide a caregiver with all
2020 available information necessary to assist the caregiver in
2021 determining whether he or she is able to appropriately care for
2022 a particular child.
2023 5. A caregiver must have access to and take advantage of
2024 all training that he or she needs to improve his or her skills
2025 in parenting a child who has experienced trauma due to neglect,
2026 abuse, or separation from home; to meet the child’s special
2027 needs; and to work effectively with child welfare agencies, the
2028 courts, the schools, and other community and governmental
2029 agencies.
2030 6. The department and community-based care lead agency must
2031 provide a caregiver with the services and support they need to
2032 enable them to provide quality care for the child pursuant to
2033 subsection (3).
2034 7. Once a caregiver accepts the responsibility of caring
2035 for a child, the child may be removed from the home of the
2036 caregiver only if:
2037 a. The caregiver is clearly unable to safely or legally
2038 care for the child;
2039 b. The child and the birth or legal parent are reunified;
2040 c. The child is being placed in a legally permanent home in
2041 accordance with a case plan or court order; or
2042 d. The removal is demonstrably in the best interests of the
2043 child.
2044 8. If a child must leave the caregiver’s home for one of
2045 the reasons stated in subparagraph 7., and in the absence of an
2046 unforeseeable emergency, the transition must be accomplished
2047 according to a plan that involves cooperation and sharing of
2048 information among all persons involved, respects the child’s
2049 developmental stage and psychological needs, ensures the child
2050 has all of his or her belongings, allows for a gradual
2051 transition from the caregiver’s home, and, if possible, allows
2052 for continued contact with the caregiver after the child leaves.
2053 9. When the case plan for a child includes reunification,
2054 the caregiver, the department, and the community-based care lead
2055 agency must work together to assist the birth or legal parent in
2056 improving his or her ability to care for and protect the child
2057 and to provide continuity for the child.
2058 10. A caregiver must respect and support the child’s ties
2059 to his or her birth or legal family, including parents,
2060 siblings, and extended family members, and must assist the child
2061 in maintaining allowable visitation and other forms of
2062 communication. The department and community-based care lead
2063 agency must provide a caregiver with the information, guidance,
2064 training, and support necessary for fulfilling this
2065 responsibility.
2066 11. A caregiver must work in partnership with the
2067 department and community-based care lead agency to obtain and
2068 maintain records that are important to the child’s well-being,
2069 including, but not limited to, child resource records, medical
2070 records, school records, photographs, and records of special
2071 events and achievements.
2072 12. A caregiver must advocate for a child in his or her
2073 care with the child welfare system, the court, and community
2074 agencies, including schools, child care providers, health and
2075 mental health providers, and employers. The department and
2076 community-based care lead agency must support a caregiver in
2077 advocating for a child and may not retaliate against the
2078 caregiver as a result of this advocacy.
2079 13. A caregiver must be as fully involved in the child’s
2080 medical, psychological, and dental care as he or she would be
2081 for his or her biological child. The department and community
2082 based care lead agency must support and facilitate such
2083 participation. The caregiver, the department, and the community
2084 based care lead agency must share information with each other
2085 about the child’s health and well-being.
2086 14. A caregiver must support a child’s school success,
2087 including, when possible, maintaining school stability by
2088 participating in school activities and meetings. The department
2089 and community-based care lead agency must facilitate this
2090 participation and be informed of the child’s progress and needs.
2091 15. A caregiver must ensure that a child in his or her care
2092 who is between 13 and 17 years of age learns and masters
2093 independent living skills. The department shall make available
2094 training for caregivers developed in collaboration with the
2095 Florida Foster and Adoptive Parent Association and the Quality
2096 Parenting Initiative on the life skills necessary for children
2097 in out-of-home care.
2098 16. The case manager and case manager supervisor must
2099 mediate disagreements that occur between a caregiver and the
2100 birth or legal parent.
2101 (c) An employee of a residential group home must meet the
2102 background screening requirements under s. 39.0138 and the level
2103 2 screening standards for screening under chapter 435. An
2104 employee of a residential group home who works directly with a
2105 child as a caregiver must meet, at a minimum, the same education
2106 and, training, background, and other screening requirements as
2107 caregivers in family foster homes licensed as level II under s.
2108 409.175(5).
2109 (3) RESOURCES AND SUPPORT FOR CAREGIVERS.—
2110 (a) Foster parents.—The department shall establish the
2111 Foster Information Center to connect current and former foster
2112 parents, known as foster parent advocates, to prospective and
2113 current foster parents in order to provide information and
2114 services, including, but not limited to:
2115 1. Navigating the application and approval process,
2116 including timelines for each; preparing for transitioning from
2117 approval for placement to accepting a child into the home; and
2118 learning about and connecting with any available resources in
2119 the prospective foster parent’s community.
2120 2. Accessing available resources and services, including,
2121 but not limited to, those from the Florida Foster and Adoptive
2122 Parent Association, for any current foster parents who need
2123 additional assistance.
2124 3. Providing information specific to a foster parent’s
2125 individual needs.
2126 4. Providing immediate assistance when needed.
2127 (b) Kinship caregivers.—
2128 1. A community-based care lead agency shall provide a
2129 caregiver with resources and supports that are available and
2130 discuss whether the caregiver meets any eligibility criteria for
2131 such resources and supports. If the caregiver is unable to
2132 access resources and supports beneficial to the well-being of
2133 the child, the community-based care lead agency or case
2134 management agency must assist the caregiver in initiating access
2135 to resources by:
2136 a. Providing referrals to kinship navigation services, if
2137 available.
2138 b. Assisting with linkages to community resources and
2139 completion of program applications.
2140 c. Scheduling appointments.
2141 d. Initiating contact with community service providers.
2142 2. The community-based care lead agency shall provide each
2143 caregiver with a telephone number to call during normal business
2144 hours whenever immediate assistance is needed and the child’s
2145 caseworker is unavailable. The telephone number must be staffed
2146 and answered by individuals possessing the knowledge and
2147 authority necessary to assist caregivers.
2148 Section 21. Section 409.1453, Florida Statutes, is
2149 repealed.
2150 Section 22. Subsection (3) of section 409.175, Florida
2151 Statutes, is amended to read:
2152 409.175 Licensure of family foster homes, residential
2153 child-caring agencies, and child-placing agencies; public
2154 records exemption.—
2155 (3)(a) The total number of children placed in a each family
2156 foster home shall be based on the recommendation of the
2157 department, or the community-based care lead agency where one is
2158 providing foster care and related services, based on the needs
2159 of each child in care, the ability of the foster family to meet
2160 the individual needs of each child, including any adoptive or
2161 biological children or young adults remaining in foster care
2162 living in the home, the amount of safe physical plant space, the
2163 ratio of active and appropriate adult supervision, and the
2164 background, experience, and skill of the family foster parents.
2165 (b) The department must grant a capacity waiver before
2166 another child may be placed in the home if:
2167 1. The total number of dependent children in a family
2168 foster home is six or more; or will exceed five, including the
2169 family’s own children,
2170 2. The total number of children in a family foster home,
2171 including both dependent children and the family’s own children,
2172 is eight or more.
2173 (c) Before granting a capacity waiver, the department must
2174 conduct an assessment of each child to be placed in the home.
2175 must be completed by a family services counselor and approved in
2176 writing by the counselor’s supervisor prior to placement of any
2177 additional children in the home, except that, If the placement
2178 involves a child whose sibling is already in the home or a child
2179 who has been in placement in the home previously, the assessment
2180 must be completed within 72 hours after placement. The
2181 assessment must assess and document the mental, physical, and
2182 psychosocial needs of the child and whether those needs will be
2183 met by placement in the home and recommend the maximum number of
2184 children in a family foster home that will allow the child’s
2185 needs to be met.
2186 (d)(c) For any licensed family foster home, the
2187 appropriateness of the number of children in the home must be
2188 reassessed annually as part of the relicensure process. For a
2189 home with more than eight five children, including the family’s
2190 own children, if it is determined by the licensure study at the
2191 time of relicensure that the total number of children in the
2192 home is appropriate and that there have been no substantive
2193 licensure violations and no indications of child maltreatment or
2194 child-on-child sexual abuse within the past 12 months, the
2195 relicensure of the home may shall not be denied based on the
2196 total number of children in the home.
2197 (e) The department may adopt rules to implement this
2198 subsection.
2199 Section 23. Section 409.1753, Florida Statutes, is
2200 repealed.
2201 Section 24. Subsections (6) and (7) are added to section
2202 409.987, Florida Statutes, to read:
2203 409.987 Lead agency procurement; boards; conflicts of
2204 interest.—
2205 (6) In communities in which conditions make it not feasible
2206 to competitively contract with a lead agency, the department may
2207 collaborate with the local community alliance to establish an
2208 alternative approach to providing community-based child welfare
2209 services in the service area that would otherwise be served by a
2210 lead agency.
2211 (a) The department and local community alliance shall
2212 develop a plan that must detail how the community will continue
2213 to implement community-based care through competitively
2214 procuring either the specific components of foster care and
2215 related services or comprehensive services for defined eligible
2216 populations of children and families from qualified entities as
2217 part of the community’s efforts to develop the local capacity
2218 for a community-based system of coordinated care. The plan must
2219 ensure local control over the management and administration of
2220 service provision. At a minimum, the plan must describe the
2221 reasons for the department’s inability to competitively contract
2222 for lead agency services, the proposed alternative approach to
2223 providing lead agency services, the entities that will be
2224 involved in service provision, how local control will be
2225 maintained, how services will be managed to ensure that federal
2226 and state requirements are met and outcome goals under s.
2227 409.986 are achieved, and recommendations for increasing the
2228 ability of the department to contract with a lead agency in that
2229 area.
2230 (b) The department shall submit the plan to the Governor,
2231 the President of the Senate, and the Speaker of the House of
2232 Representatives before implementation. The department shall
2233 submit quarterly updates about the plan’s implementation to the
2234 Governor, the President of the Senate, and the Speaker of the
2235 House of Representatives until 2 years after full implementation
2236 of the plan.
2237 (7)(a) As used in this subsection, the term:
2238 1. “Activity” includes, but is not limited to, a contract
2239 for goods and services, a contract for the purchase of any real
2240 or tangible property, or an agreement to engage with a lead
2241 agency for the benefit of a third party in exchange for an
2242 interest in real or tangible property, a monetary benefit, or an
2243 in-kind contribution.
2244 2. “Conflict of interest” means when a board member or an
2245 officer, or a relative of a board member or an officer, of a
2246 lead agency does any of the following:
2247 a. Enters into a contract or other transaction for goods or
2248 services with the lead agency.
2249 b. Holds a direct or indirect interest in a corporation,
2250 limited liability corporation, partnership, limited liability
2251 partnership, or other business entity that conducts business
2252 with the lead agency or proposes to enter into a contract or
2253 other transaction with the lead agency. For purposes of this
2254 paragraph, the term “indirect interest” has the same meaning as
2255 in s. 112.312.
2256 c. Knowingly obtains a direct or indirect personal,
2257 financial, professional, or other benefit as a result of the
2258 relationship of such board member or officer, or relative of the
2259 board member or officer, with the lead agency. For purposes of
2260 this paragraph, the term “benefit” does not include per diem and
2261 travel expenses paid or reimbursed to board members or officers
2262 of the lead agency in connection with their service on the
2263 board.
2264 3. “Relative” means a relative within the third degree of
2265 consanguinity by blood or marriage.
2266 (b)1. For any activity that is presented to the board of a
2267 lead agency for its initial consideration and approval after
2268 July 1, 2021, or any activity that involves a contract that is
2269 being considered for renewal on or after July 1, 2021, but
2270 before January 1, 2022, a board member or an officer of a lead
2271 agency shall disclose to the board any activity that may
2272 reasonably be construed to be a conflict of interest before such
2273 activity is initially considered and approved or a contract is
2274 renewed by the board. A rebuttable presumption of a conflict of
2275 interest exists if the activity was acted on by the board
2276 without prior notice as required under paragraph (c).
2277 2. For contracts with a lead agency which are in existence
2278 on July 1, 2021, and are not subject to renewal before January
2279 1, 2022, a board member or an officer of the lead agency shall
2280 disclose to the board any activity that may reasonably be
2281 construed to be a conflict of interest under this section by
2282 December 31, 2021.
2283 (c)1. If a board member or an officer of a lead agency, or
2284 a relative of a board member or an officer, proposes to engage
2285 in an activity as described in subparagraph (b)1., the proposed
2286 activity must be listed on the meeting agenda for the next
2287 general or special meeting of the board members, and copies of
2288 all contracts and transactional documents related to the
2289 proposed activity must be included in the agenda. The meeting
2290 agenda must clearly identify the existence of a potential
2291 conflict of interest for the proposed activity. Before a board
2292 member or an officer of the lead agency, or a relative of a
2293 board member or an officer, engages in the proposed activity,
2294 the activity and contract or other transactional documents must
2295 be approved by an affirmative vote of two-thirds of all other
2296 board members present.
2297 2. If a board member or an officer of the lead agency
2298 notifies the board of a potential conflict of interest with the
2299 board member or officer, or a relative of the board member or
2300 officer, under an existing contract as described in subparagraph
2301 (b)2., the board must notice the activity on a meeting agenda
2302 for the next general or special meeting of the board members,
2303 and copies of all contracts and transactional documents related
2304 to the activity must be attached. The meeting agenda must
2305 clearly identify the existence of a potential conflict of
2306 interest. The board must be given the opportunity to approve or
2307 disapprove the conflict of interest by a vote of two-thirds of
2308 all other board members present.
2309 (d)1. If the board votes against the proposed activity
2310 under subparagraph (c)1., the board member or officer of the
2311 lead agency, or the relative of the board member or officer,
2312 must notify the board in writing of his or her intention, or his
2313 or her relative’s intention, not to pursue the proposed
2314 activity, or the board member or officer shall withdraw from
2315 office before the next scheduled board meeting. If the board
2316 finds that a board member or officer has violated this
2317 paragraph, the board member or officer shall be removed from
2318 office before the next scheduled board meeting.
2319 2. In the event that the board does not approve a conflict
2320 of interest as required under subparagraph (c)2., the parties to
2321 the activity may opt to cancel the activity or, in the
2322 alternative, the board member or officer of the lead agency must
2323 resign from the board before the next scheduled board meeting.
2324 If the activity canceled is a contract, the lead agency is only
2325 liable for the reasonable value of the goods and services
2326 provided up to the time of cancellation and is not liable for
2327 any termination fee, liquidated damages, or other form of
2328 penalty for such cancellation.
2329 (e) A board member or an officer of a lead agency, or a
2330 relative of a board member or an officer, who is a party to, or
2331 has an interest in, an activity that is a possible conflict of
2332 interest may attend the meeting at which the activity is
2333 considered by the board and may make a presentation to the board
2334 regarding the activity. After the presentation, the board member
2335 or officer, or the relative of the board member or officer, must
2336 leave the meeting during the discussion of, and the vote on, the
2337 activity. A board member or an officer who is a party to, or has
2338 an interest in, the activity shall recuse himself or herself
2339 from the vote.
2340 (f) A contract entered into between a board member or an
2341 officer of a lead agency, or a relative of a board member or an
2342 officer, and the lead agency which has not been properly
2343 disclosed as a conflict of interest or potential conflict of
2344 interest under this section is voidable and terminates upon the
2345 filing of a written notice terminating the contract with the
2346 board of directors which contains the consent of at least 20
2347 percent of the voting interests of the lead agency.
2348 Section 25. Subsection (1) of section 409.988, Florida
2349 Statutes, is amended to read:
2350 409.988 Lead agency duties; general provisions.—
2351 (1) DUTIES.—A lead agency:
2352 (a) Shall serve all children referred as a result of a
2353 report of abuse, neglect, or abandonment to the department’s
2354 central abuse hotline, including, but not limited to, children
2355 who are the subject of verified reports and children who are not
2356 the subject of verified reports but who are at moderate to
2357 extremely high risk of abuse, neglect, or abandonment, as
2358 determined using the department’s risk assessment instrument,
2359 regardless of the level of funding allocated to the lead agency
2360 by the state if all related funding is transferred. The lead
2361 agency may also serve children who have not been the subject of
2362 reports of abuse, neglect, or abandonment, but who are at risk
2363 of abuse, neglect, or abandonment, to prevent their entry into
2364 the child protection and child welfare system.
2365 (b) Shall provide accurate and timely information necessary
2366 for oversight by the department pursuant to the child welfare
2367 results-oriented accountability system required by s. 409.997.
2368 (c) Shall follow the financial guidelines developed by the
2369 department and provide for a regular independent auditing of its
2370 financial activities. Such financial information shall be
2371 provided to the community alliance established under s.
2372 20.19(5).
2373 (d) Shall post on its website the current budget for the
2374 lead agency, including the salaries, bonuses, and other
2375 compensation paid, by position, for the agency’s chief executive
2376 officer, chief financial officer, and chief operating officer,
2377 or their equivalents.
2378 (d)(e) Shall prepare all judicial reviews, case plans, and
2379 other reports necessary for court hearings for dependent
2380 children, except those related to the investigation of a
2381 referral from the department’s child abuse hotline, and shall
2382 submit these documents timely to the department’s attorneys for
2383 review, any necessary revision, and filing with the court. The
2384 lead agency shall make the necessary staff available to
2385 department attorneys for preparation for dependency proceedings,
2386 and shall provide testimony and other evidence required for
2387 dependency court proceedings in coordination with the
2388 department’s attorneys. This duty does not include the
2389 preparation of legal pleadings or other legal documents, which
2390 remain the responsibility of the department.
2391 (e)(f) Shall ensure that all individuals providing care for
2392 dependent children receive:
2393 1. Appropriate training and meet the minimum employment
2394 standards established by the department. Appropriate training
2395 shall include, but is not limited to, training on the
2396 recognition of and responses to head trauma and brain injury in
2397 a child under 6 years of age developed by the Child Protection
2398 Team Program within the Department of Health.
2399 2. Contact information for the local mobile response team
2400 established under s. 394.495.
2401 (f)(g) Shall maintain eligibility to receive all available
2402 federal child welfare funds.
2403 (g) Shall adhere to all best child welfare practices under
2404 ss. 39.4087, 39.523, 409.1415, and 409.145.
2405 (h) Shall maintain written agreements with Healthy Families
2406 Florida lead entities in its service area pursuant to s. 409.153
2407 to promote cooperative planning for the provision of prevention
2408 and intervention services.
2409 (i) Shall comply with federal and state statutory
2410 requirements and agency rules in the provision of contractual
2411 services.
2412 (j) May subcontract for the provision of services required
2413 by the contract with the lead agency and the department;
2414 however, the subcontracts must specify how the provider will
2415 contribute to the lead agency meeting the performance standards
2416 established pursuant to the child welfare results-oriented
2417 accountability system required by s. 409.997. The lead agency
2418 shall directly provide no more than 35 percent of all child
2419 welfare services provided unless it can demonstrate a need,
2420 within the lead agency’s geographic service area, to exceed this
2421 threshold. The local community alliance in the geographic
2422 service area in which the lead agency is seeking to exceed the
2423 threshold shall review the lead agency’s justification for need
2424 and recommend to the department whether the department should
2425 approve or deny the lead agency’s request for an exemption from
2426 the services threshold. If there is not a community alliance
2427 operating in the geographic service area in which the lead
2428 agency is seeking to exceed the threshold, such review and
2429 recommendation shall be made by representatives of local
2430 stakeholders, including at least one representative from each of
2431 the following:
2432 1. The department.
2433 2. The county government.
2434 3. The school district.
2435 4. The county United Way.
2436 5. The county sheriff’s office.
2437 6. The circuit court corresponding to the county.
2438 7. The county children’s board, if one exists.
2439 (k) Shall publish post on its website by the 15th day of
2440 each month at a minimum the data specified information contained
2441 in subparagraphs 1.-5., calculated using a standard methodology
2442 determined by the department, subparagraphs 1.-4. for the
2443 preceding calendar month regarding its case management services.
2444 The following information shall be reported by each individual
2445 subcontracted case management provider, by the lead agency, if
2446 the lead agency provides case management services, and in total
2447 for all case management services subcontracted or directly
2448 provided by the lead agency:
2449 1. The average caseload of case managers, including only
2450 filled positions;
2451 2. The total number and percentage of case managers who
2452 have 25 or more cases on their caseloads;
2453 3.2. The turnover rate for case managers and case
2454 management supervisors for the previous 12 months;
2455 4.3. The percentage of required home visits completed; and
2456 5.4. Performance on outcome measures required pursuant to
2457 s. 409.997 for the previous 12 months.
2458 (l) Shall identify an employee to serve as a liaison with
2459 the community alliance and community-based and faith-based
2460 organizations interested in collaborating with the lead agency
2461 or offering services or other assistance on a volunteer basis to
2462 the children and families served by the lead agency. The lead
2463 agency shall ensure that appropriate lead agency staff and
2464 subcontractors, including, but not limited to, case managers,
2465 are informed of the specific services or assistance available
2466 from community-based and faith-based organizations.
2467 (m) Shall include the statement “(community-based care lead
2468 agency name) is a community-based care lead agency contracted
2469 with the Department of Children and Families” on its website
2470 and, at a minimum, in its promotional literature, lead agency
2471 created documents and forms provided to families served by the
2472 lead agency, business cards, and stationery letterhead.
2473 Section 26. Subsection (7) of section 409.990, Florida
2474 Statutes, is renumbered as subsection (8), and a new subsection
2475 (7) is added to that section, to read:
2476 409.990 Funding for lead agencies.—A contract established
2477 between the department and a lead agency must be funded by a
2478 grant of general revenue, other applicable state funds, or
2479 applicable federal funding sources.
2480 (7) If subcontracted service providers must provide
2481 services that are beyond the contract limits due to increased
2482 client need or caseload, the lead agencies shall fund the cost
2483 of increased care.
2484 Section 27. Subsections (3) through (25) of section
2485 409.996, Florida Statutes, are renumbered as subsections (5)
2486 through (27), respectively, subsections (1) and (2) and
2487 paragraph (d) of present subsection (25) are amended, and new
2488 subsections (3) and (4) are added to that section, to read:
2489 409.996 Duties of the Department of Children and Families.
2490 The department shall contract for the delivery, administration,
2491 or management of care for children in the child protection and
2492 child welfare system. In doing so, the department retains
2493 responsibility for the quality of contracted services and
2494 programs and shall ensure that, at a minimum, services are
2495 delivered in accordance with applicable federal and state
2496 statutes and regulations and the performance standards and
2497 metrics specified in the strategic plan created under s.
2498 20.19(1).
2499 (1) The department shall enter into contracts with lead
2500 agencies for the performance of the duties by the lead agencies
2501 established in s. 409.988. At a minimum, the contracts must do
2502 all of the following:
2503 (a) Provide for the services needed to accomplish the
2504 duties established in s. 409.988. and
2505 (b) Require the lead agency to provide information to the
2506 department which specifies how the lead agency will adhere to
2507 all best child welfare practices under ss. 39.4087, 39.523,
2508 409.1415, and 409.145.
2509 (c) Provide information to the department which is
2510 necessary to meet the requirements for a quality assurance
2511 program under subsection (21) (19) and the child welfare
2512 results-oriented accountability system under s. 409.997.
2513 (d)(b) Provide for tiered interventions and graduated
2514 penalties for failure to comply with contract terms or in the
2515 event of performance deficiencies. Such interventions and
2516 penalties shall include, but are not limited to:
2517 1. Enhanced monitoring and reporting.
2518 2. Corrective action plans.
2519 3. Requirements to accept technical assistance and
2520 consultation from the department under subsection (6) (4).
2521 4. Financial penalties, which shall require a lead agency
2522 to reallocate funds from administrative costs to direct care for
2523 children.
2524 5. Early termination of contracts, as provided in s.
2525 402.1705(3)(f).
2526 (e)(c) Ensure that the lead agency shall furnish current
2527 and accurate information on its activities in all cases in
2528 client case records in the state’s statewide automated child
2529 welfare information system.
2530 (f)(d) Specify the procedures to be used by the parties to
2531 resolve differences in interpreting the contract or to resolve
2532 disputes as to the adequacy of the parties’ compliance with
2533 their respective obligations under the contract.
2534 (2) The department must adopt written policies and
2535 procedures for monitoring the contract for delivery of services
2536 by lead agencies which must be published posted on the
2537 department’s website. These policies and procedures must, at a
2538 minimum, address the evaluation of fiscal accountability and
2539 program operations, including provider achievement of
2540 performance standards, provider monitoring of subcontractors,
2541 and timely followup of corrective actions for significant
2542 monitoring findings related to providers and subcontractors.
2543 These policies and procedures must also include provisions for
2544 reducing the duplication of the department’s program monitoring
2545 activities both internally and with other agencies, to the
2546 extent possible. The department’s written procedures must ensure
2547 that the written findings, conclusions, and recommendations from
2548 monitoring the contract for services of lead agencies are
2549 communicated to the director of the provider agency and the
2550 community alliance as expeditiously as possible.
2551 (3) The department shall annually conduct a comprehensive,
2552 multiyear review of the revenues, expenditures, and financial
2553 position of all community-based care lead agencies which must
2554 cover the most recent 2 consecutive fiscal years. The review
2555 must include a comprehensive system-of-care analysis. All
2556 community-based care lead agencies must develop and maintain a
2557 plan to achieve financial viability. The department’s review and
2558 the agency’s plan shall be submitted to the Governor, the
2559 President of the Senate, and the Speaker of the House of
2560 Representatives by November 1 of each year.
2561 (4)(a) The department shall collect and publish on its
2562 website, and annually update, all of the following information
2563 for each lead agency under contract with the department:
2564 1. All compensation earned or awarded, whether paid or
2565 accrued, regardless of contingency, by position, for any
2566 employee, and any other person who is compensated through a
2567 contract for services whose services include those commonly
2568 associated with a chief executive, chief administrator, or other
2569 chief officer of a business or corporation, who receives
2570 compensation from state-appropriated funds in excess of 150
2571 percent of the annual salary paid to the secretary of the
2572 department. For purposes of this paragraph, the term “employee”
2573 has the same meaning as in s. 448.095.
2574 2. All findings of the review under subsection (3).
2575 (b) The department shall collect and publish on its
2576 website, and update monthly, the information required under s.
2577 409.988(1)(k).
2578 (27)(25) Subject to an appropriation, for the 2020-2021 and
2579 2021-2022 fiscal years, the department shall implement a pilot
2580 project in the Sixth and Thirteenth Judicial Circuits,
2581 respectively, aimed at improving child welfare outcomes.
2582 (d) The department shall include the results of the pilot
2583 projects in the report required in subsection (26) (24) of this
2584 section. The report must include the department’s findings and
2585 recommendations relating to the pilot projects.
2586 Section 28. Paragraph (a) of subsection (4) of section
2587 828.27, Florida Statutes, is amended to read:
2588 828.27 Local animal control or cruelty ordinances;
2589 penalty.—
2590 (4)(a)1. County-employed animal control officers must, and
2591 municipally-employed municipally employed animal control
2592 officers may, successfully complete a 40-hour minimum standards
2593 training course. Such course must include, but is not limited
2594 to, training for: animal cruelty investigations, search and
2595 seizure, animal handling, courtroom demeanor, and civil
2596 citations. The course curriculum must be approved by the Florida
2597 Animal Control Association. An animal control officer who
2598 successfully completes such course shall be issued a certificate
2599 indicating that he or she has received a passing grade.
2600 2. County-employed and municipally-employed animal control
2601 officers must successfully complete the 1-hour training course
2602 developed by the Department of Children and Families pursuant to
2603 s. 39.208(5). Animal control officers must be provided with
2604 opportunities to attend the training during their normal work
2605 hours.
2606 3.2. Any animal control officer who is authorized before
2607 January 1, 1990, by a county or municipality to issue citations
2608 is not required to complete the minimum standards training
2609 course.
2610 4.3. In order to maintain valid certification, every 2
2611 years each certified animal control officer must complete 4
2612 hours of postcertification continuing education training. Such
2613 training may include, but is not limited to, training for:
2614 animal cruelty investigations, search and seizure, animal
2615 handling, courtroom demeanor, and civil citations.
2616 Section 29. Paragraph (c) is added to subsection (6) of
2617 section 1012.795, Florida Statutes, to read:
2618 1012.795 Education Practices Commission; authority to
2619 discipline.—
2620 (6)
2621 (c) If the Department of Education determines that any
2622 instructional personnel or school administrator, as defined in
2623 s. 1012.01(2) or (3), respectively, has knowingly failed to
2624 report known or suspected child abuse as required under s.
2625 39.201, and the Education Practices Commission has issued a
2626 final order for a previous instance of failure to report by the
2627 individual, the Education Practices Commission shall, at a
2628 minimum, suspend the educator certificate of the instructional
2629 personnel or school administrator for a period of at least 1
2630 year.
2631 Section 30. Paragraph (d) of subsection (4) of section
2632 119.071, Florida Statutes, is amended to read:
2633 119.071 General exemptions from inspection or copying of
2634 public records.—
2635 (4) AGENCY PERSONNEL INFORMATION.—
2636 (d)1. For purposes of this paragraph, the term:
2637 a. “Home addresses” means the dwelling location at which an
2638 individual resides and includes the physical address, mailing
2639 address, street address, parcel identification number, plot
2640 identification number, legal property description, neighborhood
2641 name and lot number, GPS coordinates, and any other descriptive
2642 property information that may reveal the home address.
2643 b. “Telephone numbers” includes home telephone numbers,
2644 personal cellular telephone numbers, personal pager telephone
2645 numbers, and telephone numbers associated with personal
2646 communications devices.
2647 2.a. The home addresses, telephone numbers, dates of birth,
2648 and photographs of active or former sworn law enforcement
2649 personnel or of active or former civilian personnel employed by
2650 a law enforcement agency, including correctional and
2651 correctional probation officers, personnel of the Department of
2652 Children and Families whose duties include the investigation of
2653 abuse, neglect, exploitation, fraud, theft, or other criminal
2654 activities, personnel of the Department of Health whose duties
2655 are to support the investigation of child abuse or neglect, and
2656 personnel of the Department of Revenue or local governments
2657 whose responsibilities include revenue collection and
2658 enforcement or child support enforcement; the names, home
2659 addresses, telephone numbers, photographs, dates of birth, and
2660 places of employment of the spouses and children of such
2661 personnel; and the names and locations of schools and day care
2662 facilities attended by the children of such personnel are exempt
2663 from s. 119.07(1) and s. 24(a), Art. I of the State
2664 Constitution.
2665 b. The home addresses, telephone numbers, dates of birth,
2666 and photographs of current or former nonsworn investigative
2667 personnel of the Department of Financial Services whose duties
2668 include the investigation of fraud, theft, workers’ compensation
2669 coverage requirements and compliance, other related criminal
2670 activities, or state regulatory requirement violations; the
2671 names, home addresses, telephone numbers, dates of birth, and
2672 places of employment of the spouses and children of such
2673 personnel; and the names and locations of schools and day care
2674 facilities attended by the children of such personnel are exempt
2675 from s. 119.07(1) and s. 24(a), Art. I of the State
2676 Constitution.
2677 c. The home addresses, telephone numbers, dates of birth,
2678 and photographs of current or former nonsworn investigative
2679 personnel of the Office of Financial Regulation’s Bureau of
2680 Financial Investigations whose duties include the investigation
2681 of fraud, theft, other related criminal activities, or state
2682 regulatory requirement violations; the names, home addresses,
2683 telephone numbers, dates of birth, and places of employment of
2684 the spouses and children of such personnel; and the names and
2685 locations of schools and day care facilities attended by the
2686 children of such personnel are exempt from s. 119.07(1) and s.
2687 24(a), Art. I of the State Constitution.
2688 d. The home addresses, telephone numbers, dates of birth,
2689 and photographs of current or former firefighters certified in
2690 compliance with s. 633.408; the names, home addresses, telephone
2691 numbers, photographs, dates of birth, and places of employment
2692 of the spouses and children of such firefighters; and the names
2693 and locations of schools and day care facilities attended by the
2694 children of such firefighters are exempt from s. 119.07(1) and
2695 s. 24(a), Art. I of the State Constitution.
2696 e. The home addresses, dates of birth, and telephone
2697 numbers of current or former justices of the Supreme Court,
2698 district court of appeal judges, circuit court judges, and
2699 county court judges; the names, home addresses, telephone
2700 numbers, dates of birth, and places of employment of the spouses
2701 and children of current or former justices and judges; and the
2702 names and locations of schools and day care facilities attended
2703 by the children of current or former justices and judges are
2704 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2705 Constitution.
2706 f. The home addresses, telephone numbers, dates of birth,
2707 and photographs of current or former state attorneys, assistant
2708 state attorneys, statewide prosecutors, or assistant statewide
2709 prosecutors; the names, home addresses, telephone numbers,
2710 photographs, dates of birth, and places of employment of the
2711 spouses and children of current or former state attorneys,
2712 assistant state attorneys, statewide prosecutors, or assistant
2713 statewide prosecutors; and the names and locations of schools
2714 and day care facilities attended by the children of current or
2715 former state attorneys, assistant state attorneys, statewide
2716 prosecutors, or assistant statewide prosecutors are exempt from
2717 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2718 g. The home addresses, dates of birth, and telephone
2719 numbers of general magistrates, special magistrates, judges of
2720 compensation claims, administrative law judges of the Division
2721 of Administrative Hearings, and child support enforcement
2722 hearing officers; the names, home addresses, telephone numbers,
2723 dates of birth, and places of employment of the spouses and
2724 children of general magistrates, special magistrates, judges of
2725 compensation claims, administrative law judges of the Division
2726 of Administrative Hearings, and child support enforcement
2727 hearing officers; and the names and locations of schools and day
2728 care facilities attended by the children of general magistrates,
2729 special magistrates, judges of compensation claims,
2730 administrative law judges of the Division of Administrative
2731 Hearings, and child support enforcement hearing officers are
2732 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2733 Constitution.
2734 h. The home addresses, telephone numbers, dates of birth,
2735 and photographs of current or former human resource, labor
2736 relations, or employee relations directors, assistant directors,
2737 managers, or assistant managers of any local government agency
2738 or water management district whose duties include hiring and
2739 firing employees, labor contract negotiation, administration, or
2740 other personnel-related duties; the names, home addresses,
2741 telephone numbers, dates of birth, and places of employment of
2742 the spouses and children of such personnel; and the names and
2743 locations of schools and day care facilities attended by the
2744 children of such personnel are exempt from s. 119.07(1) and s.
2745 24(a), Art. I of the State Constitution.
2746 i. The home addresses, telephone numbers, dates of birth,
2747 and photographs of current or former code enforcement officers;
2748 the names, home addresses, telephone numbers, dates of birth,
2749 and places of employment of the spouses and children of such
2750 personnel; and the names and locations of schools and day care
2751 facilities attended by the children of such personnel are exempt
2752 from s. 119.07(1) and s. 24(a), Art. I of the State
2753 Constitution.
2754 j. The home addresses, telephone numbers, places of
2755 employment, dates of birth, and photographs of current or former
2756 guardians ad litem, as defined in s. 39.820; the names, home
2757 addresses, telephone numbers, dates of birth, and places of
2758 employment of the spouses and children of such persons; and the
2759 names and locations of schools and day care facilities attended
2760 by the children of such persons are exempt from s. 119.07(1) and
2761 s. 24(a), Art. I of the State Constitution.
2762 k. The home addresses, telephone numbers, dates of birth,
2763 and photographs of current or former juvenile probation
2764 officers, juvenile probation supervisors, detention
2765 superintendents, assistant detention superintendents, juvenile
2766 justice detention officers I and II, juvenile justice detention
2767 officer supervisors, juvenile justice residential officers,
2768 juvenile justice residential officer supervisors I and II,
2769 juvenile justice counselors, juvenile justice counselor
2770 supervisors, human services counselor administrators, senior
2771 human services counselor administrators, rehabilitation
2772 therapists, and social services counselors of the Department of
2773 Juvenile Justice; the names, home addresses, telephone numbers,
2774 dates of birth, and places of employment of spouses and children
2775 of such personnel; and the names and locations of schools and
2776 day care facilities attended by the children of such personnel
2777 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2778 Constitution.
2779 l. The home addresses, telephone numbers, dates of birth,
2780 and photographs of current or former public defenders, assistant
2781 public defenders, criminal conflict and civil regional counsel,
2782 and assistant criminal conflict and civil regional counsel; the
2783 names, home addresses, telephone numbers, dates of birth, and
2784 places of employment of the spouses and children of current or
2785 former public defenders, assistant public defenders, criminal
2786 conflict and civil regional counsel, and assistant criminal
2787 conflict and civil regional counsel; and the names and locations
2788 of schools and day care facilities attended by the children of
2789 current or former public defenders, assistant public defenders,
2790 criminal conflict and civil regional counsel, and assistant
2791 criminal conflict and civil regional counsel are exempt from s.
2792 119.07(1) and s. 24(a), Art. I of the State Constitution.
2793 m. The home addresses, telephone numbers, dates of birth,
2794 and photographs of current or former investigators or inspectors
2795 of the Department of Business and Professional Regulation; the
2796 names, home addresses, telephone numbers, dates of birth, and
2797 places of employment of the spouses and children of such current
2798 or former investigators and inspectors; and the names and
2799 locations of schools and day care facilities attended by the
2800 children of such current or former investigators and inspectors
2801 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2802 Constitution.
2803 n. The home addresses, telephone numbers, and dates of
2804 birth of county tax collectors; the names, home addresses,
2805 telephone numbers, dates of birth, and places of employment of
2806 the spouses and children of such tax collectors; and the names
2807 and locations of schools and day care facilities attended by the
2808 children of such tax collectors are exempt from s. 119.07(1) and
2809 s. 24(a), Art. I of the State Constitution.
2810 o. The home addresses, telephone numbers, dates of birth,
2811 and photographs of current or former personnel of the Department
2812 of Health whose duties include, or result in, the determination
2813 or adjudication of eligibility for social security disability
2814 benefits, the investigation or prosecution of complaints filed
2815 against health care practitioners, or the inspection of health
2816 care practitioners or health care facilities licensed by the
2817 Department of Health; the names, home addresses, telephone
2818 numbers, dates of birth, and places of employment of the spouses
2819 and children of such personnel; and the names and locations of
2820 schools and day care facilities attended by the children of such
2821 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
2822 the State Constitution.
2823 p. The home addresses, telephone numbers, dates of birth,
2824 and photographs of current or former impaired practitioner
2825 consultants who are retained by an agency or current or former
2826 employees of an impaired practitioner consultant whose duties
2827 result in a determination of a person’s skill and safety to
2828 practice a licensed profession; the names, home addresses,
2829 telephone numbers, dates of birth, and places of employment of
2830 the spouses and children of such consultants or their employees;
2831 and the names and locations of schools and day care facilities
2832 attended by the children of such consultants or employees are
2833 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2834 Constitution.
2835 q. The home addresses, telephone numbers, dates of birth,
2836 and photographs of current or former emergency medical
2837 technicians or paramedics certified under chapter 401; the
2838 names, home addresses, telephone numbers, dates of birth, and
2839 places of employment of the spouses and children of such
2840 emergency medical technicians or paramedics; and the names and
2841 locations of schools and day care facilities attended by the
2842 children of such emergency medical technicians or paramedics are
2843 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2844 Constitution.
2845 r. The home addresses, telephone numbers, dates of birth,
2846 and photographs of current or former personnel employed in an
2847 agency’s office of inspector general or internal audit
2848 department whose duties include auditing or investigating waste,
2849 fraud, abuse, theft, exploitation, or other activities that
2850 could lead to criminal prosecution or administrative discipline;
2851 the names, home addresses, telephone numbers, dates of birth,
2852 and places of employment of spouses and children of such
2853 personnel; and the names and locations of schools and day care
2854 facilities attended by the children of such personnel are exempt
2855 from s. 119.07(1) and s. 24(a), Art. I of the State
2856 Constitution.
2857 s. The home addresses, telephone numbers, dates of birth,
2858 and photographs of current or former directors, managers,
2859 supervisors, nurses, and clinical employees of an addiction
2860 treatment facility; the home addresses, telephone numbers,
2861 photographs, dates of birth, and places of employment of the
2862 spouses and children of such personnel; and the names and
2863 locations of schools and day care facilities attended by the
2864 children of such personnel are exempt from s. 119.07(1) and s.
2865 24(a), Art. I of the State Constitution. For purposes of this
2866 sub-subparagraph, the term “addiction treatment facility” means
2867 a county government, or agency thereof, that is licensed
2868 pursuant to s. 397.401 and provides substance abuse prevention,
2869 intervention, or clinical treatment, including any licensed
2870 service component described in s. 397.311(26).
2871 t. The home addresses, telephone numbers, dates of birth,
2872 and photographs of current or former directors, managers,
2873 supervisors, and clinical employees of a child advocacy center
2874 that meets the standards of s. 39.3035(2) s. 39.3035(1) and
2875 fulfills the screening requirement of s. 39.3035(3) s.
2876 39.3035(2), and the members of a Child Protection Team as
2877 described in s. 39.303 whose duties include supporting the
2878 investigation of child abuse or sexual abuse, child abandonment,
2879 child neglect, and child exploitation or to provide services as
2880 part of a multidisciplinary case review team; the names, home
2881 addresses, telephone numbers, photographs, dates of birth, and
2882 places of employment of the spouses and children of such
2883 personnel and members; and the names and locations of schools
2884 and day care facilities attended by the children of such
2885 personnel and members are exempt from s. 119.07(1) and s. 24(a),
2886 Art. I of the State Constitution.
2887 3. An agency that is the custodian of the information
2888 specified in subparagraph 2. and that is not the employer of the
2889 officer, employee, justice, judge, or other person specified in
2890 subparagraph 2. shall maintain the exempt status of that
2891 information only if the officer, employee, justice, judge, other
2892 person, or employing agency of the designated employee submits a
2893 written request for maintenance of the exemption to the
2894 custodial agency.
2895 4. An officer, an employee, a justice, a judge, or other
2896 person specified in subparagraph 2. may submit a written request
2897 for the release of his or her exempt information to the
2898 custodial agency. The written request must be notarized and must
2899 specify the information to be released and the party that is
2900 authorized to receive the information. Upon receipt of the
2901 written request, the custodial agency shall release the
2902 specified information to the party authorized to receive such
2903 information.
2904 5. The exemptions in this paragraph apply to information
2905 held by an agency before, on, or after the effective date of the
2906 exemption.
2907 6. This paragraph is subject to the Open Government Sunset
2908 Review Act in accordance with s. 119.15 and shall stand repealed
2909 on October 2, 2024, unless reviewed and saved from repeal
2910 through reenactment by the Legislature.
2911 Section 31. Paragraph (g) of subsection (2) of section
2912 934.03, Florida Statutes, is amended to read:
2913 934.03 Interception and disclosure of wire, oral, or
2914 electronic communications prohibited.—
2915 (2)
2916 (g) It is lawful under this section and ss. 934.04-934.09
2917 for an employee of:
2918 1. An ambulance service licensed pursuant to s. 401.25, a
2919 fire station employing firefighters as defined by s. 633.102, a
2920 public utility, a law enforcement agency as defined by s.
2921 934.02(10), or any other entity with published emergency
2922 telephone numbers;
2923 2. An agency operating an emergency telephone number “911”
2924 system established pursuant to s. 365.171; or
2925 3. The central abuse hotline operated under s. 39.101
2926 pursuant to s. 39.201
2927
2928 to intercept and record incoming wire communications; however,
2929 such employee may intercept and record incoming wire
2930 communications on designated “911” telephone numbers and
2931 published nonemergency telephone numbers staffed by trained
2932 dispatchers at public safety answering points only. It is also
2933 lawful for such employee to intercept and record outgoing wire
2934 communications to the numbers from which such incoming wire
2935 communications were placed when necessary to obtain information
2936 required to provide the emergency services being requested. For
2937 the purpose of this paragraph, the term “public utility” has the
2938 same meaning as provided in s. 366.02 and includes a person,
2939 partnership, association, or corporation now or hereafter owning
2940 or operating equipment or facilities in the state for conveying
2941 or transmitting messages or communications by telephone or
2942 telegraph to the public for compensation.
2943 Section 32. Except as otherwise expressly provided in this
2944 act, this act shall take effect July 1, 2021.