Florida Senate - 2024 SB 152
By Senator Berman
26-00354-24 2024152__
1 A bill to be entitled
2 An act relating to caregiving youth; defining the
3 terms “caregiving youth” and “household member”;
4 creating the Florida Caregiving Youth Task Force
5 within the Department of Health for a specified
6 purpose; requiring the department to provide
7 administrative and technical assistance to the task
8 force; providing for membership, meetings, and duties
9 of the task force; providing duties for co-chairs of
10 the task force; requiring state agencies to assist and
11 cooperate with the task force upon request; requiring
12 the task force to submit a final report to the
13 Governor, the Legislature, the State Surgeon General,
14 and the director of the Office of Program Policy
15 Analysis and Government Accountability by a specified
16 date; providing for expiration of the task force;
17 creating s. 1006.045, F.S.; defining the terms
18 “caregiving youth” and “household member”; providing a
19 legislative finding; requiring the Department of
20 Education to maintain and make available to school
21 districts a comprehensive list of specified
22 information; requiring each middle and high school to
23 have a designated caregiving youth liaison; requiring
24 liaisons to connect caregiving youth to specified
25 supports and services; providing that caregiving youth
26 may count hours devoted to caring for a household
27 member toward certain community service hour
28 requirements; requiring the department to develop a
29 specified form and procedure; amending s. 1009.25,
30 F.S.; exempting caregiving youth from payment of
31 certain tuition and fees under certain circumstances;
32 creating s. 1012.581, F.S.; requiring the department
33 to establish a training program for school personnel
34 related to caregiving youth for a specified purpose;
35 requiring the department to select a regional or
36 national authority on caregiving youth to facilitate
37 providing such training to school personnel; providing
38 requirements for the training; requiring school
39 districts to notify school personnel who complete the
40 training of specified information; providing an
41 effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Florida Caregiving Youth Task Force.—
46 (1) DEFINITIONS.—As used in this section, the term:
47 (a) “Caregiving youth” means a person younger than 18 years
48 of age who is responsible, to varying degrees, for the care of a
49 household member in need of assistance due to a chronic physical
50 or mental illness, a disability, frailty associated with aging,
51 substance abuse, or other similar condition. For purposes of
52 this definition, care of a household member includes, but is not
53 limited to, direct medical and personal care, household
54 management, language translation in medical settings, emotional
55 support, and parenting siblings.
56 (b) “Household member” means a parent, a grandparent, a
57 sibling, or any extended family member residing in the home,
58 whether related by whole or half blood, by affinity, or by
59 adoption.
60 (2) TASK FORCE CREATION.—The Florida Caregiving Youth Task
61 Force, a task force as defined in s. 20.03(5), Florida Statutes,
62 is created within the Department of Health to study and make
63 findings and recommendations regarding the necessary supports
64 for caregiving youth who are assisting the aging or adults with
65 disabilities. The department shall provide administrative and
66 technical assistance to the task force in the performance of its
67 duties.
68 (3) MEMBERSHIP.—
69 (a) The task force shall be composed of the following
70 members, to be appointed by July 1, 2024:
71 1. One member of the Senate, appointed by the President of
72 the Senate, to serve as a co-chair.
73 2. One member of the House of Representatives, appointed by
74 the Speaker of the House of Representatives, to serve as a co
75 chair.
76 3. One representative of the Department of Health,
77 appointed by the State Surgeon General.
78 4. One representative of the Department of Education,
79 appointed by the Commissioner of Education.
80 5. One representative of the Department of Children and
81 Families, appointed by the Secretary of Children and Families.
82 6. One representative of the Agency for Persons with
83 Disabilities, appointed by the director of the agency.
84 7. One representative of the Department of Elderly Affairs,
85 appointed by the Secretary of Elderly Affairs.
86 8. One representative of AARP Florida, appointed by the
87 state director of the organization.
88 9. One representative of the American Association of
89 Caregiving Youth, appointed by the board of directors of the
90 association.
91 10. One representative of the Florida Developmental
92 Disabilities Council, appointed by the chair of the executive
93 committee of the council.
94 11. One representative of the Alzheimer’s Association
95 Southeast Chapter, appointed by the executive director of the
96 chapter.
97 12. Seven members of the public, appointed by the Governor.
98 The Governor is encouraged to appoint a public member
99 representing each of the following:
100 a. Adult day care centers.
101 b. Adult caregivers.
102 c. Caregiving youth.
103 d. Adult care recipients.
104 e. Secondary school teachers.
105 f. Health care professionals.
106 g. Home health agencies.
107 (b) Any vacancy occurring on the task force must be filled
108 in the same manner as the original appointment.
109 (c) Members shall serve without compensation but are
110 entitled to reimbursement for per diem and travel expenses
111 pursuant to s. 112.061, Florida Statutes.
112 (4) MEETINGS.—
113 (a) The task force shall hold its first organizational
114 meeting by August 1, 2024.
115 (b) The task force shall meet by teleconference or other
116 electronic means, if possible, to reduce costs. However, the
117 task force must ensure that members of the public have
118 meaningful access to such meetings.
119 (c) A majority of the members of the task force constitutes
120 a quorum, and the task force may not meet or take any action
121 without a quorum present.
122 (5) DUTIES.—The task force shall do all of the following:
123 (a) Develop a list of evidence-based questions or criteria
124 that school districts may use to identify caregiving youth in
125 their respective districts and determine the extent of need for
126 supports for those caregiving youth based on the level of
127 responsibility they have in caring for a household member.
128 (b) Identify current best practices for supporting other
129 at-risk populations in secondary schools which would also
130 benefit caregiving youth in the pursuit of their personal
131 achievement and successful future careers.
132 (c) Survey the school districts in this state to determine
133 which, if any, support services are currently offered to
134 students, including, but not limited to, tutoring, mentoring,
135 occupational skills training, leadership development, and
136 guidance and counseling, and require school districts to
137 identify any eligibility requirements for accessing such
138 services.
139 (d) Identify state and federal funding and resources that
140 may be applicable to and would benefit caregiving youth and
141 determine whether a request for federal approval is needed
142 before such opportunities may be offered to caregiving youth who
143 do not otherwise qualify for such opportunities.
144 (e) Study additional innovative and creative means to
145 support caregiving youth so that they can continue providing
146 necessary in-home care for aging adults and adults with
147 disabilities while pursuing an education or skills training.
148 (f) Identify ways in which the Department of Health, the
149 Department of Education, and the Department of Children and
150 Families can work together to provide comprehensive and
151 streamlined support services to caregiving youth in this state.
152 (g) Identify any legislative barriers to implementing any
153 of the tasks force’s recommendations.
154 (6) CO-CHAIR DUTIES.—The co-chairs of the task force are
155 responsible for guiding the task force in performance of its
156 duties, including, but not limited to, all of the following:
157 (a) Coordinating appointments to the task force to ensure
158 that members are assembled in a timely manner.
159 (b) Setting a date, time, and place for the initial
160 organizational meeting, as required under subsection (4), and
161 for subsequent meetings.
162 (c) Supervising the preparation and distribution of meeting
163 notices, agendas, minutes, correspondence, and reports of the
164 task force.
165 (d) After the task force’s organizational meeting, sending
166 a list of the members appointed and the meeting notice, agenda,
167 and minutes to the director of the Office of Program Policy
168 Analysis and Government Accountability.
169 (e) Directing the task force’s study of applicable policies
170 and resources and programs that are or should be available to
171 caregiving youth.
172 (f) Organizing methods to obtain relevant testimony on the
173 needs of caregiving youth.
174 (g) Overseeing the process of compiling an inventory of the
175 resources available to caregiving youth.
176 (h) Ensuring the timely submission of the task force’s
177 final report under subsection (8).
178 (7) AGENCY COOPERATION.—All state agencies shall assist and
179 cooperate with the task force as requested and shall provide
180 reasonable and necessary support staff and materials to the task
181 force.
182 (8) REPORT.—The task force shall submit a report of its
183 findings and recommendations to the Governor, the President of
184 the Senate, the Speaker of the House of Representatives, the
185 State Surgeon General, and the director of the Office of Program
186 Policy Analysis and Government Accountability by January 1,
187 2025.
188 (9) EXPIRATION.—This section expires June 30, 2025.
189 Section 2. Section 1006.045, Florida Statutes, is created
190 to read:
191 1006.045 Caregiving youth; resources and support; community
192 service hours.—
193 (1) DEFINITIONS.—As used in this section, the term:
194 (a) “Caregiving youth” means a person younger than 18 years
195 of age who is responsible, to varying degrees, for the care of a
196 household member in need of assistance due to a chronic physical
197 or mental illness, a disability, frailty associated with aging,
198 substance abuse, or other similar condition. For purposes of
199 this definition, care of a household member includes, but is not
200 limited to, direct medical and personal care, household
201 management, language translation in medical settings, emotional
202 support, and parenting siblings.
203 (b) “Household member” means a parent, a grandparent, a
204 sibling, or any extended family member residing in the home,
205 whether related by whole or half blood, by affinity, or by
206 adoption.
207 (2) LEGISLATIVE FINDING.—The Legislature recognizes that
208 children and adolescents who serve as caregivers to chronically
209 ill, injured, elderly, or disabled family members are at an
210 academic disadvantage and deserve support in their pursuit of
211 personal achievement and successful future careers.
212 (3) RESOURCES AND SUPPORT FOR CAREGIVING YOUTH.—The
213 department shall maintain and make available to school districts
214 a comprehensive list of benefits and resources available to
215 caregiving youth in this state.
216 (4) CAREGIVING YOUTH LIAISONS.—Each middle and high school
217 must have a designated caregiving youth liaison to connect
218 students who are caregiving youth to available supports and
219 services that will promote their academic success, including,
220 but not limited to, all of the following:
221 (a) Any available free, remote, or in-person tutoring or
222 mentoring opportunities, professional training opportunities,
223 mental health services, transportation services, and financial
224 assistance.
225 (b) Information on eligibility for tuition and fee waiver
226 programs established under s. 1009.25.
227 (c) The ability of caregiving youth to count hours devoted
228 to caring for a household member toward community service
229 requirements for high school graduation and for participation in
230 the Florida Bright Futures Scholarship Program.
231 (d) Any state or federal resources available to caregiving
232 youth to support their education and training for successful
233 future careers.
234 (5) COMMUNITY SERVICE HOURS.—The hours that high school
235 students devote to care of a household member may be counted
236 toward meeting community service requirements for high school
237 graduation and for participation in the Florida Bright Futures
238 Scholarship Program. The department shall develop a standard
239 form for reporting such hours for community service and a
240 procedure for submitting such hours for approval.
241 Section 3. Paragraph (h) is added to subsection (1) of
242 section 1009.25, Florida Statutes, to read:
243 1009.25 Fee exemptions.—
244 (1) The following students are exempt from the payment of
245 tuition and fees, including lab fees, at a school district that
246 provides workforce education programs, Florida College System
247 institution, or state university:
248 (h) A student who is a caregiving youth as defined in s.
249 1006.045, provided that he or she pursues education or training
250 in a health-related field of study.
251 Section 4. Section 1012.581, Florida Statutes, is created
252 to read:
253 1012.581 Training on caregiving youth.—
254 (1) The Department of Education shall establish an
255 evidence-based training program to help school personnel
256 identify students who are caregiving youth as defined in s.
257 1006.045, to understand the difficulties facing such students,
258 and to learn skills to support those who are struggling
259 academically due to the added responsibility of caring for a
260 household member.
261 (2) The department shall select a regional or national
262 authority on caregiving youth to facilitate providing the
263 training to all school personnel in elementary, middle, and high
264 schools.
265 (3) The training program must include, but need not be
266 limited to:
267 (a) An overview of caregiving youth, including an
268 explanation of the nature and varying degrees of responsibility
269 caregiving youth assume in providing care for a household member
270 and how this may contribute to underperformance in school.
271 (b) Instruction on how to identify caregiving youth and
272 determine the extent of their need for support in the pursuit of
273 personal achievement and successful future careers, including
274 procedures and practices that school personnel can implement to
275 promote the academic success of caregiving youth in their
276 classrooms.
277 (c) Information on available resources for caregiving youth
278 and how school personnel can connect their students to such
279 resources.
280 (4) Each school district shall notify all school personnel
281 who have received training under this section of the resources
282 and services available for caregiving youth in the school
283 district and the individuals to contact if a student needs such
284 services.
285 Section 5. This act shall take effect upon becoming a law.