Florida Senate - 2025 CS for SB 1626
By the Committee on Children, Families, and Elder Affairs; and
Senator Grall
586-02322-25 20251626c1
1 A bill to be entitled
2 An act relating to child welfare; amending s. 16.56,
3 F.S.; authorizing the Office of Statewide Prosecution
4 in the Department of Legal Affairs to investigate and
5 prosecute specified violations; amending s. 39.01,
6 F.S.; revising the definition of the term “child who
7 is found to be dependent”; defining the term “legal
8 custodian”; creating s. 39.3011, F.S.; defining the
9 term “Family Advocacy Program”; requiring the
10 Department of Children and Families to enter into
11 agreements with certain military installations for
12 child protective investigations involving military
13 families; providing requirements for such agreements;
14 amending s. 39.401, F.S.; authorizing a law
15 enforcement officer or an authorized agent of the
16 department to take a child into custody who is the
17 subject of a specified court order; amending s.
18 39.5075, F.S.; authorizing, rather than requiring, the
19 department or a community-based care provider to
20 petition the court for a specified order; providing
21 that a certain order may be issued only if a certain
22 petition is filed by specified entities; creating s.
23 39.5077, F.S.; defining the term “unaccompanied alien
24 child”; requiring any natural person who meets certain
25 criteria to report certain information to the
26 department; requiring that such report be submitted
27 within a specified time period; requiring any natural
28 person who meets certain criteria to verify his or her
29 relationship with an unaccompanied alien child in
30 certain ways; requiring the person verifying his or
31 her relationship with such child to pay for DNA
32 testing; requiring such person to verify his or her
33 relationship within a specified time period; requiring
34 certain entities to submit a specified report to the
35 department within a specified time period; requiring a
36 specified attestation; providing criminal penalties
37 and civil fines; requiring the department to notify
38 certain persons or entities of certain requirements;
39 requiring the department to notify local law
40 enforcement, the Office of Refugee Resettlement, and
41 United States Immigration and Customs Enforcement
42 under certain circumstances; authorizing the
43 department to adopt certain rules; requiring certain
44 persons or entities to submit a report to the central
45 abuse hotline under certain circumstances; amending s.
46 39.905, F.S.; authorizing the department to waive a
47 specified requirement if there is an emergency need
48 for a new domestic violence center, to issue a
49 provisional certification to such center under certain
50 circumstances, and to adopt rules relating to
51 provisional certifications; amending s. 125.901, F.S.;
52 revising membership requirements for certain
53 independent special districts; authorizing the county
54 governing board to select an interim appointment for a
55 vacancy under certain circumstances; amending s.
56 402.305, F.S.; authorizing the department to grant
57 certain exemptions from disqualification for certain
58 persons; amending s. 409.145, F.S.; requiring the
59 department to establish a fee schedule for daily room
60 and board rates for certain children by a date
61 certain, which may include different rates based on a
62 child’s acuity level or the geographic location of the
63 residential child-caring agency; requiring the
64 department to adopt rules; amending s. 409.175, F.S.;
65 authorizing the department to grant certain exemptions
66 from disqualification for certain persons; authorizing
67 the department to extend the expiration date of a
68 license by a specified amount of time for a certain
69 purpose; amending s. 409.993, F.S.; specifying that
70 subcontractors of lead agencies that are direct
71 providers of foster care and related services are not
72 liable for certain acts or omissions; providing that
73 certain contract provisions are void and
74 unenforceable; amending s. 553.73, F.S.; prohibiting
75 the Florida Building Commission from mandating the
76 installation of fire sprinklers or a fire suppression
77 system in certain agencies licensed by the department;
78 amending s. 633.208, F.S.; providing that certain
79 residential child-caring agencies are not required to
80 install fire sprinklers or a fire suppression system
81 under certain circumstances; amending s. 937.0201,
82 F.S.; revising the definition of the term “missing
83 child”; amending s. 937.021, F.S.; specifying the
84 entity with jurisdiction for accepting missing child
85 reports under certain circumstances; amending ss.
86 402.30501, 1002.57, and 1002.59, F.S.; conforming
87 cross-references; providing effective dates.
88
89 Be It Enacted by the Legislature of the State of Florida:
90
91 Section 1. Effective January 1, 2026, paragraph (a) of
92 subsection (1) of section 16.56, Florida Statutes, is amended to
93 read:
94 16.56 Office of Statewide Prosecution.—
95 (1) There is created in the Department of Legal Affairs an
96 Office of Statewide Prosecution. The office shall be a separate
97 “budget entity” as that term is defined in chapter 216. The
98 office may:
99 (a) Investigate and prosecute the offenses of:
100 1. Bribery, burglary, criminal usury, extortion, gambling,
101 kidnapping, larceny, murder, prostitution, perjury, robbery,
102 carjacking, home-invasion robbery, and patient brokering;
103 2. Any crime involving narcotic or other dangerous drugs;
104 3. Any violation of the Florida RICO (Racketeer Influenced
105 and Corrupt Organization) Act, including any offense listed in
106 the definition of racketeering activity in s. 895.02(8)(a),
107 providing such listed offense is investigated in connection with
108 a violation of s. 895.03 and is charged in a separate count of
109 an information or indictment containing a count charging a
110 violation of s. 895.03, the prosecution of which listed offense
111 may continue independently if the prosecution of the violation
112 of s. 895.03 is terminated for any reason;
113 4. Any violation of the Florida Anti-Fencing Act;
114 5. Any violation of the Florida Antitrust Act of 1980, as
115 amended;
116 6. Any crime involving, or resulting in, fraud or deceit
117 upon any person;
118 7. Any violation of s. 847.0135, relating to computer
119 pornography and child exploitation prevention, or any offense
120 related to a violation of s. 847.0135 or any violation of
121 chapter 827 where the crime is facilitated by or connected to
122 the use of the Internet or any device capable of electronic data
123 storage or transmission;
124 8. Any violation of chapter 815;
125 9. Any violation of chapter 825;
126 10. Any criminal violation of part I of chapter 499;
127 11. Any violation of the Florida Motor Fuel Tax Relief Act
128 of 2004;
129 12. Any criminal violation of s. 409.920 or s. 409.9201;
130 13. Any criminal violation of the Florida Money Laundering
131 Act;
132 14. Any criminal violation of the Florida Securities and
133 Investor Protection Act;
134 15. Any violation of chapter 787, as well as any and all
135 offenses related to a violation of chapter 787; or
136 16. Any criminal violation of chapter 24, part II of
137 chapter 285, chapter 546, chapter 550, chapter 551, or chapter
138 849; or
139 17. Any violation of s. 39.5077;
140
141 or any attempt, solicitation, or conspiracy to commit any of the
142 crimes specifically enumerated above. The office shall have such
143 power only when any such offense is occurring, or has occurred,
144 in two or more judicial circuits as part of a related
145 transaction, or when any such offense is connected with an
146 organized criminal conspiracy affecting two or more judicial
147 circuits. Informations or indictments charging such offenses
148 shall contain general allegations stating the judicial circuits
149 and counties in which crimes are alleged to have occurred or the
150 judicial circuits and counties in which crimes affecting such
151 circuits or counties are alleged to have been connected with an
152 organized criminal conspiracy.
153 Section 2. Subsection (15) of section 39.01, Florida
154 Statutes, is amended to read:
155 39.01 Definitions.—When used in this chapter, unless the
156 context otherwise requires:
157 (15) “Child who is found to be dependent” means a child
158 who, pursuant to this chapter, is found by the court:
159 (a) To have been abandoned, abused, or neglected by the
160 child’s parent or parents or legal custodians;
161 (b) To have been surrendered to the department, the former
162 Department of Health and Rehabilitative Services, or a licensed
163 child-placing agency for purpose of adoption;
164 (c) To have been voluntarily placed with a licensed child
165 caring agency, a licensed child-placing agency, an adult
166 relative, the department, or the former Department of Health and
167 Rehabilitative Services, after which placement, under the
168 requirements of this chapter, a case plan has expired and the
169 parent or parents or legal custodians have failed to
170 substantially comply with the requirements of the plan;
171 (d) To have been voluntarily placed with a licensed child
172 placing agency for the purposes of subsequent adoption, and a
173 parent or parents have signed a consent pursuant to the Florida
174 Rules of Juvenile Procedure;
175 (e) To have no parent or legal custodians capable of
176 providing supervision and care;
177 (f) To be at substantial risk of imminent abuse,
178 abandonment, or neglect by the parent or parents or legal
179 custodians; or
180 (g) To have been sexually exploited and to have no parent,
181 legal custodian, or responsible adult relative currently known
182 and capable of providing the necessary and appropriate
183 supervision and care.
184
185 For purposes of this subsection, the term “legal custodian”
186 includes a sponsor to whom an unaccompanied alien child, as
187 defined in s. 39.5077(1), has been released by the Office of
188 Refugee Resettlement of the Department of Health and Human
189 Services. Notwithstanding any other provision of law, an
190 unaccompanied alien child may not be found to have been
191 abandoned, abused, or neglected based solely on allegations of
192 abandonment, abuse, or neglect that occurred before placement in
193 this state or by a parent who is not in the United States.
194 Section 3. Section 39.3011, Florida Statutes, is created to
195 read:
196 39.3011 Protective investigations involving military
197 families.—
198 (1) For purposes of this section, the term “Family Advocacy
199 Program” means the program established by the United States
200 Department of Defense to address child abuse, abandonment, and
201 neglect in military families.
202 (2) The department shall enter into an agreement for child
203 protective investigations involving military families with the
204 Family Advocacy Program, or any successor program, of each
205 United States military installation located in this state. Such
206 agreement must include procedures for all of the following:
207 (a) Identifying the military personnel alleged to have
208 committed the child abuse, neglect, or domestic abuse.
209 (b) Notifying and sharing information with the military
210 installation when a child protective investigation implicating
211 military personnel has been initiated.
212 (c) Maintaining confidentiality as required under state and
213 federal law.
214 Section 4. Subsection (1) of section 39.401, Florida
215 Statutes, is amended to read:
216 39.401 Taking a child alleged to be dependent into custody;
217 law enforcement officers and authorized agents of the
218 department.—
219 (1) A child may only be taken into custody:
220 (a) Pursuant to the provisions of this part, based upon
221 sworn testimony, either before or after a petition is filed; or
222 (b) By a law enforcement officer, or an authorized agent of
223 the department, if the officer or authorized agent has probable
224 cause to support a finding that the:
225 1. That the Child has been abused, neglected, or abandoned,
226 or is suffering from or is in imminent danger of illness or
227 injury as a result of abuse, neglect, or abandonment;
228 2. Child is the subject of a court order to take the child
229 into the custody of the department;
230 3.2. That the Parent or legal custodian of the child has
231 materially violated a condition of placement imposed by the
232 court; or
233 4.3. That the Child has no parent, legal custodian, or
234 responsible adult relative immediately known and available to
235 provide supervision and care.
236 Section 5. Subsection (4) of section 39.5075, Florida
237 Statutes, is amended to read:
238 39.5075 Citizenship or residency status for immigrant
239 children who are dependents.—
240 (4) If the child may be eligible for special immigrant
241 juvenile status, the department or community-based care provider
242 may shall petition the court for an order finding that the child
243 meets the criteria for special immigrant juvenile status. The
244 ruling of the court on this petition must include findings as to
245 the express wishes of the child, if the child is able to express
246 such wishes, and any other circumstances that would affect
247 whether the best interests of the child would be served by
248 applying for special immigrant juvenile status. An order finding
249 that a child meets the criteria for special immigrant juvenile
250 status may be issued only upon a petition filed by the
251 department or a community-based care provider under this
252 section.
253 Section 6. Effective January 1, 2026, section 39.5077,
254 Florida Statutes, is created to read:
255 39.5077 Unaccompanied alien children.—
256 (1) For purposes of this section, the term “unaccompanied
257 alien child” means a child who has no lawful immigration status
258 in the United States, who has not attained 18 years of age, and
259 with respect to whom:
260 (a) There is no parent or legal guardian in the United
261 States; or
262 (b) No parent or legal guardian in the United States is
263 available to provide care and physical custody.
264 (2)(a) Any natural person who obtains or has obtained
265 physical custody of an unaccompanied alien child through a
266 corporation, public or private agency other than the department,
267 or person other than the child’s biological or adoptive parent,
268 legal guardian, or court-appointed custodian; who retains such
269 physical custody of the child for 10 or more consecutive days;
270 and who is not the biological or adoptive parent, legal
271 guardian, or court-appointed custodian of the child, must report
272 such physical custody to the department and initiate proceedings
273 under chapter 63, chapter 744, or chapter 751 to determine legal
274 custody of the child.
275 (b)1. A person who obtains custody of an unaccompanied
276 alien child on or after January 1, 2026, must comply with this
277 subsection within 30 days after obtaining physical custody of
278 such child.
279 2. A person who obtains custody of an unaccompanied alien
280 child before January 1, 2026, must comply with this subsection
281 within 90 days after January 1, 2026.
282 (3)(a) Any natural person who obtains or has obtained
283 physical custody of an unaccompanied alien child through a
284 corporation, a public or private agency other than the
285 department, or any other person and who is the biological or
286 adoptive parent, legal guardian, or court-appointed custodian of
287 the child must verify his or her relationship to the child by
288 submitting to the department a DNA test or other adequate
289 documentation as determined by the department. The cost of DNA
290 testing is borne by the person verifying his or her relationship
291 to the child.
292 (b)1. A person who obtains custody of an unaccompanied
293 alien child on or after January 1, 2026, must comply with this
294 subsection within 30 days after obtaining physical custody of
295 such child.
296 2. A person who obtains custody of an unaccompanied alien
297 child before January 1, 2026, must comply with this subsection
298 within 90 days after January 1, 2026.
299 (4) An entity that takes placement of or transfers, or
300 assists in the transfer of, physical custody of an unaccompanied
301 alien child to any natural person or entity must report to the
302 department within 30 days after such placement or transfer all
303 identifying information of the unaccompanied alien child and the
304 natural person or entity that received such placement or
305 transfer of physical custody of the child. An entity that takes
306 placement of or transfers, or assists in the transfer of,
307 physical custody of an unaccompanied alien child must attest to
308 notifying the natural person or entity obtaining physical
309 custody of the child of all applicable requirements of this
310 section.
311 (5) A natural person or an entity that willfully violates
312 subsections (2) and (3) commits a felony of the third degree,
313 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
314 If the natural person or entity is convicted, the court shall
315 impose a fine of $1,000 on the natural person or a fine of
316 $10,000 on the entity.
317 (6) If the department believes that a natural person or an
318 entity has failed to report as required by this section, the
319 department must notify in writing such person or entity of the
320 obligation to report and the requirements of this section.
321 (7) The department shall notify local law enforcement, the
322 Office of Refugee Resettlement, and United States Immigration
323 and Customs Enforcement if a natural person or an entity fails
324 to report information required under this section within 30 days
325 after receipt of the written notification required in subsection
326 (6).
327 (8) The department may adopt rules to implement this
328 section, including rules relating to:
329 (a) The specific information that must be reported to the
330 department.
331 (b) Verifying biological or adoptive parentage, legal
332 guardianship, or court-appointed custody as required under
333 subsections (2) and (3).
334 (c) The creation of forms for all reports required under
335 this section.
336 (9) A natural person or an entity that is involved with or
337 interacts with an unaccompanied alien child and suspects abuse,
338 abandonment, or neglect of such child must immediately submit a
339 report to the central abuse hotline.
340 Section 7. Paragraph (h) of subsection (1) of section
341 39.905, Florida Statutes, is amended to read:
342 39.905 Domestic violence centers.—
343 (1) Domestic violence centers certified under this part
344 must:
345 (h) Demonstrate local need and ability to sustain
346 operations through a history of 18 consecutive months’ operation
347 as a domestic violence center, including 12 months’ operation of
348 an emergency shelter as provided in paragraph (c), and a
349 business plan which addresses future operations and funding of
350 future operations. The department may waive this requirement if
351 there is an emergency need for a new domestic violence center to
352 provide services in an area and no other viable options exist to
353 ensure continuity of services. If there is an emergency need,
354 the department may issue a provisional certification to the
355 domestic violence center as long as the center meets all other
356 criteria in this subsection. The department may adopt rules to
357 provide minimum standards for a provisional certificate,
358 including increased monitoring and site visits and the time
359 period that such certificate is valid.
360 Section 8. Paragraphs (a) and (b) of subsection (1) of
361 section 125.901, Florida Statutes, are amended to read:
362 125.901 Children’s services; independent special district;
363 council; powers, duties, and functions; public records
364 exemption.—
365 (1) Each county may by ordinance create an independent
366 special district, as defined in ss. 189.012 and 200.001(8)(e),
367 to provide funding for children’s services throughout the county
368 in accordance with this section. The boundaries of such district
369 shall be coterminous with the boundaries of the county. The
370 county governing body shall obtain approval at a general
371 election, as defined in s. 97.021, by a majority vote of those
372 electors voting on the question, to annually levy ad valorem
373 taxes which shall not exceed the maximum millage rate authorized
374 by this section. Any district created pursuant to the provisions
375 of this subsection shall be required to levy and fix millage
376 subject to the provisions of s. 200.065. Once such millage is
377 approved by the electorate, the district shall not be required
378 to seek approval of the electorate in future years to levy the
379 previously approved millage. However, a referendum to increase
380 the millage rate previously approved by the electors must be
381 held at a general election, and the referendum may be held only
382 once during the 48-month period preceding the effective date of
383 the increased millage.
384 (a) The governing body of the district shall be a council
385 on children’s services, which may also be known as a juvenile
386 welfare board or similar name as established in the ordinance by
387 the county governing body. Such council shall consist of 10
388 members, including the superintendent of schools; a local school
389 board member; a representative the district administrator from
390 the appropriate district of the Department of Children and
391 Families, or his or her designee who is a member of the Senior
392 Management Service or of the Selected Exempt Service; one member
393 of the county governing body; and the judge assigned to juvenile
394 cases who shall sit as a voting member of the board, except that
395 said judge shall not vote or participate in the setting of ad
396 valorem taxes under this section. If there is more than one
397 judge assigned to juvenile cases in a county, the chief judge
398 shall designate one of said juvenile judges to serve on the
399 board. The remaining five members shall be appointed by the
400 Governor, and shall, to the extent possible, represent the
401 demographic makeup diversity of the population of the county.
402 After soliciting recommendations from the public, the county
403 governing body shall submit to the Governor recommendations the
404 names of at least three persons for each vacancy occurring among
405 the five members appointed by the Governor, and the Governor may
406 shall appoint members to the council from the candidates
407 nominated by the county governing body. The Governor shall make
408 a selection within a 45-day period, but if the Governor fails to
409 make an appointment within the 45-day period, the county
410 governing body may select an interim appointment for each
411 vacancy from the recommendations submitted to the Governor or
412 request a new list of candidates. All members recommended by the
413 county governing body and appointed by the Governor must shall
414 have been residents of the county for the previous 24-month
415 period. Such members shall be appointed for 4-year terms, except
416 that the length of the terms of the initial appointees shall be
417 adjusted to stagger the terms. The Governor may remove a member
418 for cause or upon the written petition of the county governing
419 body. If any of the members of the council required to be
420 appointed by the Governor under the provisions of this
421 subsection resigns, dies, or is shall resign, die, or be removed
422 from office, the vacancy thereby created shall, as soon as
423 practicable, be filled by appointment by the Governor, using the
424 same method as the original appointment, and such appointment to
425 fill a vacancy shall be for the unexpired term of the person who
426 resigns, dies, or is removed from office.
427 (b) However, any county as defined in s. 125.011(1) may
428 instead have a governing body consisting of 33 members,
429 including the superintendent of schools, or his or her designee;
430 two representatives of public postsecondary education
431 institutions located in the county; the county manager or the
432 equivalent county officer; the district administrator from the
433 appropriate district of the Department of Children and Families,
434 or the administrator’s designee who is a member of the Senior
435 Management Service or the Selected Exempt Service; the director
436 of the county health department or the director’s designee; the
437 state attorney for the county or the state attorney’s designee;
438 the chief judge assigned to juvenile cases, or another juvenile
439 judge who is the chief judge’s designee and who shall sit as a
440 voting member of the board, except that the judge may not vote
441 or participate in setting ad valorem taxes under this section;
442 an individual who is selected by the board of the local United
443 Way or its equivalent; a member of a locally recognized faith
444 based coalition, selected by that coalition; a member of the
445 local chamber of commerce, selected by that chamber or, if more
446 than one chamber exists within the county, a person selected by
447 a coalition of the local chambers; a member of the early
448 learning coalition, selected by that coalition; a representative
449 of a labor organization or union active in the county; a member
450 of a local alliance or coalition engaged in cross-system
451 planning for health and social service delivery in the county,
452 selected by that alliance or coalition; a member of the local
453 Parent-Teachers Association/Parent-Teacher-Student Association,
454 selected by that association; a youth representative selected by
455 the local school system’s student government; a local school
456 board member appointed by the chair of the school board; the
457 mayor of the county or the mayor’s designee; one member of the
458 county governing body, appointed by the chair of that body; a
459 member of the state Legislature who represents residents of the
460 county, selected by the chair of the local legislative
461 delegation; an elected official representing the residents of a
462 municipality in the county, selected by the county municipal
463 league; and 4 members-at-large, appointed to the council by the
464 majority of sitting council members. The remaining seven members
465 shall be appointed by the Governor in accordance with procedures
466 set forth in paragraph (a), except that the Governor may remove
467 a member for cause or upon the written petition of the council.
468 Appointments by the Governor must, to the extent reasonably
469 possible, represent the geographic and demographic makeup
470 diversity of the population of the county. Members who are
471 appointed to the council by reason of their position are not
472 subject to the length of terms and limits on consecutive terms
473 as provided in this section. The remaining appointed members of
474 the governing body shall be appointed to serve 2-year terms,
475 except that those members appointed by the Governor shall be
476 appointed to serve 4-year terms, and the youth representative
477 and the legislative delegate shall be appointed to serve 1-year
478 terms. A member may be reappointed; however, a member may not
479 serve for more than three consecutive terms. A member is
480 eligible to be appointed again after a 2-year hiatus from the
481 council.
482 Section 9. Subsection (2) of section 402.305, Florida
483 Statutes, is amended to read:
484 402.305 Licensing standards; child care facilities.—
485 (2) PERSONNEL.—Minimum standards for child care personnel
486 shall include minimum requirements as to:
487 (a) Good moral character based upon screening as defined in
488 s. 402.302(15). This screening shall be conducted as provided in
489 chapter 435, using the level 2 standards for screening set forth
490 in that chapter, and include employment history checks, a search
491 of criminal history records, sexual predator and sexual offender
492 registries, and child abuse and neglect registry of any state in
493 which the current or prospective child care personnel resided
494 during the preceding 5 years.
495 (b) Fingerprint submission for child care personnel, which
496 shall comply with s. 435.12.
497 (c) The department may grant exemptions from
498 disqualification from working with children or the
499 developmentally disabled as provided in s. 435.07.
500 (d) Minimum age requirements. Such minimum standards shall
501 prohibit a person under the age of 21 from being the operator of
502 a child care facility and a person under the age of 16 from
503 being employed at such facility unless such person is under
504 direct supervision and is not counted for the purposes of
505 computing the personnel-to-child ratio.
506 (d)(e) Minimum training requirements for child care
507 personnel.
508 1. Such minimum standards for training shall ensure that
509 all child care personnel take an approved 40-clock-hour
510 introductory course in child care, which course covers at least
511 the following topic areas:
512 a. State and local rules and regulations which govern child
513 care.
514 b. Health, safety, and nutrition.
515 c. Identifying and reporting child abuse and neglect.
516 d. Child development, including typical and atypical
517 language, cognitive, motor, social, and self-help skills
518 development.
519 e. Observation of developmental behaviors, including using
520 a checklist or other similar observation tools and techniques to
521 determine the child’s developmental age level.
522 f. Specialized areas, including computer technology for
523 professional and classroom use and early literacy and language
524 development of children from birth to 5 years of age, as
525 determined by the department, for owner-operators and child care
526 personnel of a child care facility.
527 g. Developmental disabilities, including autism spectrum
528 disorder and Down syndrome, and early identification, use of
529 available state and local resources, classroom integration, and
530 positive behavioral supports for children with developmental
531 disabilities.
532
533 Within 90 days after employment, child care personnel shall
534 begin training to meet the training requirements. Child care
535 personnel shall successfully complete such training within 1
536 year after the date on which the training began, as evidenced by
537 passage of a competency examination. Successful completion of
538 the 40-clock-hour introductory course shall articulate into
539 community college credit in early childhood education, pursuant
540 to ss. 1007.24 and 1007.25. Exemption from all or a portion of
541 the required training shall be granted to child care personnel
542 based upon educational credentials or passage of competency
543 examinations. Child care personnel possessing a 2-year degree or
544 higher that includes 6 college credit hours in early childhood
545 development or child growth and development, or a child
546 development associate credential or an equivalent state-approved
547 child development associate credential, or a child development
548 associate waiver certificate shall be automatically exempted
549 from the training requirements in sub-subparagraphs b., d., and
550 e.
551 2. The introductory course in child care shall stress, to
552 the extent possible, an interdisciplinary approach to the study
553 of children.
554 3. The introductory course shall cover recognition and
555 prevention of shaken baby syndrome; prevention of sudden infant
556 death syndrome; recognition and care of infants and toddlers
557 with developmental disabilities, including autism spectrum
558 disorder and Down syndrome; and early childhood brain
559 development within the topic areas identified in this paragraph.
560 4. On an annual basis in order to further their child care
561 skills and, if appropriate, administrative skills, child care
562 personnel who have fulfilled the requirements for the child care
563 training shall be required to take an additional 1 continuing
564 education unit of approved inservice training, or 10 clock hours
565 of equivalent training, as determined by the department.
566 5. Child care personnel shall be required to complete 0.5
567 continuing education unit of approved training or 5 clock hours
568 of equivalent training, as determined by the department, in
569 early literacy and language development of children from birth
570 to 5 years of age one time. The year that this training is
571 completed, it shall fulfill the 0.5 continuing education unit or
572 5 clock hours of the annual training required in subparagraph 4.
573 6. Procedures for ensuring the training of qualified child
574 care professionals to provide training of child care personnel,
575 including onsite training, shall be included in the minimum
576 standards. It is recommended that the state community child care
577 coordination agencies (central agencies) be contracted by the
578 department to coordinate such training when possible. Other
579 district educational resources, such as community colleges and
580 career programs, can be designated in such areas where central
581 agencies may not exist or are determined not to have the
582 capability to meet the coordination requirements set forth by
583 the department.
584 7. Training requirements shall not apply to certain
585 occasional or part-time support staff, including, but not
586 limited to, swimming instructors, piano teachers, dance
587 instructors, and gymnastics instructors.
588 8. The child care operator shall be required to take basic
589 training in serving children with disabilities within 5 years
590 after employment, either as a part of the introductory training
591 or the annual 8 hours of inservice training.
592 (e)(f) Periodic health examinations.
593 (f)(g) A credential for child care facility directors. The
594 credential shall be a required minimum standard for licensing.
595
596 The department may grant limited exemptions authorizing a person
597 to work in a specified role or with a specified population.
598 Section 10. Paragraph (e) is added to subsection (3) of
599 section 409.145, Florida Statutes, to read:
600 409.145 Care of children; “reasonable and prudent parent”
601 standard.—The child welfare system of the department shall
602 operate as a coordinated community-based system of care which
603 empowers all caregivers for children in foster care to provide
604 quality parenting, including approving or disapproving a child’s
605 participation in activities based on the caregiver’s assessment
606 using the “reasonable and prudent parent” standard.
607 (3) ROOM AND BOARD RATES.—
608 (e) By July 1, 2026, the department shall, in coordination
609 with its providers, establish a fee schedule for daily room and
610 board rates for children in out-of-home care who are placed in a
611 residential child-caring agency as defined in s. 409.175(2)(l).
612 The fee schedule may include different payment rates based on
613 factors including, but not limited to, the acuity level of the
614 child being placed and the geographic location of the
615 residential child-caring agency. The department shall adopt
616 rules to implement this paragraph.
617 Section 11. Paragraph (b) of subsection (5), subsection
618 (7), and paragraph (e) of subsection (14) of section 409.175,
619 Florida Statutes, are amended to read:
620 409.175 Licensure of family foster homes, residential
621 child-caring agencies, and child-placing agencies; public
622 records exemption.—
623 (5) The department shall adopt and amend rules for the
624 levels of licensed care associated with the licensure of family
625 foster homes, residential child-caring agencies, and child
626 placing agencies. The rules may include criteria to approve
627 waivers to licensing requirements when applying for a child
628 specific license.
629 (b) The requirements for licensure and operation of family
630 foster homes, residential child-caring agencies, and child
631 placing agencies shall include:
632 1. The operation, conduct, and maintenance of these homes
633 and agencies and the responsibility which they assume for
634 children served and the evidence of need for that service.
635 2. The provision of food, clothing, educational
636 opportunities, services, equipment, and individual supplies to
637 assure the healthy physical, emotional, and mental development
638 of the children served.
639 3. The appropriateness, safety, cleanliness, and general
640 adequacy of the premises, including fire prevention and health
641 standards, to provide for the physical comfort, care, and well
642 being of the children served.
643 4. The ratio of staff to children required to provide
644 adequate care and supervision of the children served and, in the
645 case of family foster homes, the maximum number of children in
646 the home.
647 5. The good moral character based upon screening,
648 education, training, and experience requirements for personnel
649 and family foster homes.
650 6. The department may grant exemptions from
651 disqualification from working with children or the
652 developmentally disabled as provided in s. 435.07.
653 7. The provision of preservice and inservice training for
654 all foster parents and agency staff.
655 7.8. Satisfactory evidence of financial ability to provide
656 care for the children in compliance with licensing requirements.
657 8.9. The maintenance by the agency of records pertaining to
658 admission, progress, health, and discharge of children served,
659 including written case plans and reports to the department.
660 9.10. The provision for parental involvement to encourage
661 preservation and strengthening of a child’s relationship with
662 the family.
663 10.11. The transportation safety of children served.
664 11.12. The provisions for safeguarding the cultural,
665 religious, and ethnic values of a child.
666 12.13. Provisions to safeguard the legal rights of children
667 served.
668 13.14. Requiring signs to be conspicuously placed on the
669 premises of facilities maintained by child-caring agencies to
670 warn children of the dangers of human trafficking and to
671 encourage the reporting of individuals observed attempting to
672 engage in human trafficking activity. The signs must advise
673 children to report concerns to the local law enforcement agency
674 or the Department of Law Enforcement, specifying the appropriate
675 telephone numbers used for such reports. The department shall
676 specify, at a minimum, the content of the signs by rule.
677
678 The department may grant limited exemptions authorizing a person
679 to work in a specified role or with a specified population.
680 (7) The department may extend a license expiration date
681 once for a period of up to 90 30 days to allow for the
682 implementation of corrective measures. However, the department
683 may not extend a license expiration date more than once during a
684 licensure period.
685 (14)
686 (e)1. In addition to any other preservice training required
687 by law, foster parents, as a condition of licensure, and agency
688 staff must successfully complete preservice training related to
689 human trafficking which must be uniform statewide and must
690 include, but need not be limited to, all of the following:
691 a. Basic information on human trafficking, such as an
692 understanding of relevant terminology, and the differences
693 between sex trafficking and labor trafficking.;
694 b. Factors and knowledge on identifying children at risk of
695 human trafficking.; and
696 c. Steps that should be taken to prevent at-risk youths
697 from becoming victims of human trafficking.
698 2. Foster parents, before licensure renewal, and agency
699 staff, during each full year of employment, must complete
700 inservice training related to human trafficking to satisfy the
701 training requirement under subparagraph (5)(b)6 (5)(b)7.
702 Section 12. Present paragraph (b) of subsection (3) of
703 section 409.993, Florida Statutes, is redesignated as paragraph
704 (c), a new paragraph (b) is added to that subsection, and
705 paragraph (a) of that subsection is amended, to read:
706 409.993 Lead agencies and subcontractor liability.—
707 (3) SUBCONTRACTOR LIABILITY.—
708 (a) A subcontractor of an eligible community-based care
709 lead agency that is a direct provider of foster care and related
710 services to children and families, and its employees or
711 officers, except as otherwise provided in paragraph (c) (b),
712 must, as a part of its contract, obtain a minimum of $1 million
713 per occurrence with a policy period aggregate limit of $3
714 million in general liability insurance coverage. The
715 subcontractor of a lead agency must also require that staff who
716 transport client children and families in their personal
717 automobiles in order to carry out their job responsibilities
718 obtain minimum bodily injury liability insurance in the amount
719 of $100,000 per person in any one automobile accident, and
720 subject to such limits for each person, $300,000 for all damages
721 resulting from any one automobile accident, on their personal
722 automobiles. In lieu of personal motor vehicle insurance, the
723 subcontractor’s casualty, liability, or motor vehicle insurance
724 carrier may provide nonowned automobile liability coverage. This
725 insurance provides liability insurance for automobiles that the
726 subcontractor uses in connection with the subcontractor’s
727 business but does not own, lease, rent, or borrow. This coverage
728 includes automobiles owned by the employees of the subcontractor
729 or a member of the employee’s household but only while the
730 automobiles are used in connection with the subcontractor’s
731 business. The nonowned automobile coverage for the subcontractor
732 applies as excess coverage over any other collectible insurance.
733 The personal automobile policy for the employee of the
734 subcontractor shall be primary insurance, and the nonowned
735 automobile coverage of the subcontractor acts as excess
736 insurance to the primary insurance. The subcontractor shall
737 provide a minimum limit of $1 million in nonowned automobile
738 coverage. In a tort action brought against such subcontractor or
739 employee, net economic damages shall be limited to $2 million
740 per liability claim and $200,000 per automobile claim,
741 including, but not limited to, past and future medical expenses,
742 wage loss, and loss of earning capacity, offset by any
743 collateral source payment paid or payable. In a tort action
744 brought against such subcontractor, noneconomic damages shall be
745 limited to $400,000 per claim. A claims bill may be brought on
746 behalf of a claimant pursuant to s. 768.28 for any amount
747 exceeding the limits specified in this paragraph. Any offset of
748 collateral source payments made as of the date of the settlement
749 or judgment shall be in accordance with s. 768.76.
750 (b) A subcontractor of a lead agency that is a direct
751 provider of foster care and related services is not liable for
752 the acts or omissions of the lead agency; the department; or the
753 officers, agents, or employees of the lead agency or the
754 department. Any provision in a contract between a subcontractor
755 and a lead agency which is in conflict with this paragraph is
756 void and unenforceable.
757 Section 13. Paragraph (c) is added to subsection (20) of
758 section 553.73, Florida Statutes, to read:
759 553.73 Florida Building Code.—
760 (20) The Florida Building Commission may not:
761 (c) Mandate the installation of fire sprinklers or a fire
762 suppression system in a residential child-caring agency licensed
763 by the Department of Children and Families under s. 409.175
764 which operates in a single-family residential property that is
765 licensed for a capacity of five or fewer children who are
766 unrelated to the licensee.
767 Section 14. Subsection (12) is added to section 633.208,
768 Florida Statutes, to read:
769 633.208 Minimum firesafety standards.—
770 (12) Notwithstanding subsection (8), a residential child
771 caring agency licensed by the Department of Children and
772 Families under s. 409.175 which operates in a single-family
773 residential property that is licensed for a capacity of five or
774 fewer children who are unrelated to the licensee is not required
775 to install fire sprinklers or a fire suppression system as long
776 as the licensee meets the requirements for portable fire
777 extinguishers, fire alarms, and smoke detectors under this
778 chapter.
779 Section 15. Subsection (3) of section 937.0201, Florida
780 Statutes, is amended to read:
781 937.0201 Definitions.—As used in this chapter, the term:
782 (3) “Missing child” means a person younger than 18 years of
783 age whose temporary or permanent residence is in, or is believed
784 to be in, this state, whose location has not been determined,
785 and who has been reported as missing to a law enforcement
786 agency. The term includes a child who is the subject of a court
787 order to take the child into the custody of the Department of
788 Children and Families.
789 Section 16. Subsection (3) of section 937.021, Florida
790 Statutes, is amended to read:
791 937.021 Missing child and missing adult reports.—
792 (3) A report that a child or adult is missing must be
793 accepted by and filed with the law enforcement agency having
794 jurisdiction in the county or municipality in which the child or
795 adult was last seen. The filing and acceptance of the report
796 imposes the duties specified in this section upon the law
797 enforcement agency receiving the report. This subsection does
798 not preclude a law enforcement agency from accepting a missing
799 child or missing adult report when agency jurisdiction cannot be
800 determined. If agency jurisdiction cannot be determined for
801 cases in which there is a child who is the subject of a court
802 order to take the child into the custody of the Department of
803 Children and Families, the sheriff’s office of the county in
804 which the court order was entered must take jurisdiction.
805 Section 17. Section 402.30501, Florida Statutes, is amended
806 to read:
807 402.30501 Modification of introductory child care course
808 for community college credit authorized.—The Department of
809 Children and Families may modify the 40-clock-hour introductory
810 course in child care under s. 402.305 or s. 402.3131 to meet the
811 requirements of articulating the course to community college
812 credit. Any modification must continue to provide that the
813 course satisfies the requirements of s. 402.305(2)(d) s.
814 402.305(2)(e).
815 Section 18. Subsections (3) and (4) of section 1002.57,
816 Florida Statutes, are amended to read:
817 1002.57 Prekindergarten director credential.—
818 (3) The prekindergarten director credential must meet or
819 exceed the requirements of the Department of Children and
820 Families for the child care facility director credential under
821 s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of
822 the prekindergarten director credential satisfies these
823 requirements for the child care facility director credential.
824 (4) The department shall, to the maximum extent
825 practicable, award credit to a person who successfully completes
826 the child care facility director credential under s.
827 402.305(2)(f) s. 402.305(2)(g) for those requirements of the
828 prekindergarten director credential which are duplicative of
829 requirements for the child care facility director credential.
830 Section 19. Subsection (1) of section 1002.59, Florida
831 Statutes, is amended to read:
832 1002.59 Emergent literacy and performance standards
833 training courses.—
834 (1) The department, in collaboration with the Just Read,
835 Florida! Office, shall adopt minimum standards for courses in
836 emergent literacy for prekindergarten instructors. Each course
837 must consist of 5 clock hours and provide instruction in
838 strategies and techniques to address the age-appropriate
839 progress of prekindergarten students in developing emergent
840 literacy skills, including oral communication, knowledge of
841 print and letters, phonological and phonemic awareness,
842 vocabulary and comprehension development, and foundational
843 background knowledge designed to correlate with the content that
844 students will encounter in grades K-12, consistent with the
845 evidence-based content and strategies grounded in the science of
846 reading identified pursuant to s. 1001.215(7). The course
847 standards must be reviewed as part of any review of subject
848 coverage or endorsement requirements in the elementary, reading,
849 and exceptional student educational areas conducted pursuant to
850 s. 1012.586. Each course must also provide resources containing
851 strategies that allow students with disabilities and other
852 special needs to derive maximum benefit from the Voluntary
853 Prekindergarten Education Program. Successful completion of an
854 emergent literacy training course approved under this section
855 satisfies requirements for approved training in early literacy
856 and language development under ss. 402.305(2)(d)5. ss.
857 402.305(2)(e)5., 402.313(6), and 402.3131(5).
858 Section 20. Except as otherwise expressly provided in this
859 act, this act shall take effect July 1, 2025.