The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 764
INTRODUCER: Senator Albritton
SUBJECT: Step Into Success Internship Program
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Cox CF Favorable
2. AHS
3. AP
I. Summary:
SB 764 creates s. 409.1455, F.S., establishing the Step Into Success internship program
(program) that is to be administered by the Department of Children and Families (DCF) for
eligible foster youth to achieve specified objectives. The bill specifically requires the Office of
Continuing Care (OCC) to establish and operate the internship program, and comply with the
program requirements.
The internship program must include qualified designated personnel within the DCF that have
the responsibility of carrying out the program. An eligible foster youth must receive priority
consideration for any internship position for which he or she meets the minimum qualifications.
The bill defines the terms “approved agency”, “community-based care lead agency”, “foster
youth”, and “priority consideration”, as follows:
“Approved agency” means one of the following agencies that may participate in the
internship program by employing eligible foster youth:
o The Department of Children and Families;
o The Department of Health;
o The Agency for Health Care Administration;
o The Department of Education;
o The Department of Environmental Protection;
o The Fish and Wildlife Conservation Commission; and
o The Office of the State Fire Marshal within the Department of Financial Services.
“Community-based care lead agency” has the same meaning as in s. 409.986(3)(d).
“Foster youth” means an individual older than 16 years of age but younger than 26 years of
age who is currently or was previously in foster care within this state.
“Priority consideration” means the approved agency must invite foster youth who is eligible
to participate in the internship program to be interviewed for any position for which he or she
meets the minimum qualifications.
REVISED: BILL: SB 764 Page 2
The bill requires the DCF to begin operating the program on or before January 1, 2023. It sets
out the program requirements of the DCF and the approved agencies. The bill limits the length of
time that a foster youth may be employed under the program to one year, but does allow for
approved agencies to continue his or her employment as an employee outside of participation in
the program. Foster youth may be employed as an intern under the program by more than one
approved agency over the duration of his or her participation in the program, but may not be
employment by more than one agency at the same time. Foster youth who become employed
under the internship program are subject to specified conditions of employment. The foster youth
must be compensated at hourly minimum wage for work performed up to 20 hours per week
through the program, and must spend any stipend funds received for the purpose of purchasing
business attire on clothing that is compliant with the dress code requirements of the approved
agency for which the youth is employed.
Approved agencies are required to recruit employees of such agencies who meet specified
criteria to serve as mentors. Mentors are required to complete a minimum of 1 hour of trauma-
informed training and pass a level 2 background screening in certain circumstances. Employees
who serve as mentors for a minimum of 6 consecutive months are eligible for a maximum of
$1,000 per intern per fiscal year, but may not receive more than $3,000 in compensation per
fiscal year for serving as a mentor.
By October 1, 2021, and annually thereafter, the Florida Institute for Child Welfare (FICW) must
submit a report to the Governor, the President of the Senate, and the Speaker of the House which
evaluates and summarizes certain information, and makes recommendations, if any, to improve
the effectiveness of the program. The bill requires the DCF and the approved agencies to adopt
rules to implement the section.
For the 2022-2023 fiscal year, the bill appropriates the sums of $1,292,378 in recurring funds
and $350,376 in nonrecurring funds from General Revenue Fund to the DCF to implement the
act. See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2022.
II. Present Situation:
The DCF is required to establish and maintain a central abuse hotline for the state that receives
reports of child abuse, abandonment, and neglect or reports that a child is in need of
supervision.
1
In Fiscal Year 2019-2020, the DCF served 22,553 children in out-of-home care,
2
and 578 children have aged out of licensed foster care.
3
1
Section 39.101(1)(a), F.S.
2
Office of Program Policy Analysis and Government Accountability, Department of Children and Families: Child Welfare,
available at https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5053 (last visited November 22, 2021)
(hereinafter cited as “OPPAGA DCF Child Welfare).
3
The DCF, Electronic mail from John Paul Fiore, Deputy Director of Legislative Affairs, RE: Children Aging Out of Foster
Care, November 24, 2021 (on file with the Senate Committee on Children, Families, and Elder Affairs) (noting that 578
children have aged out of licensed care in Fiscal Year 2019-2020). BILL: SB 764 Page 3
Transition to Independent Living
The DCF is required to assist children who are transitioning out of foster care to independent
living and self-sufficiency, including to:
Identify important life skills that children in out-of-home care should acquire;
Develop a list of age-appropriate activities and responsibilities for children and caregivers;
Design and disseminate training for caregivers related to building needed life skills;
Regularly assess the degree of life skills acquired by each child beginning after the child’s
13
th
birthday, and support the caregiver in implementing an updated transition plan as
necessary;
Provide opportunities for children to interact with qualified, trained mentors; and
Develop and implement procedures for children of sufficient age and understanding to
directly access and manage the personal allowance they receive from the DCF.
4
During the year after a child reaches 16 years of age, the DCF and community-based care
provider as well as other specified individuals are required to assist the child in developing a
transition plan. The plan must include specific resources that the child may use to obtain
services, such as housing, health insurance and education, and tasks to establish and maintain
naturally occurring mentoring relationships.
5
Road-to-Independence Program
A young adult is eligible for postsecondary education services and support if certain criteria are
met, including:
Specified criteria with respect to when the child was living in foster care;
Earned a standard high school diploma;
6
Has been admitted for enrollment as a full-time
7
student or its equivalent in an eligible
postsecondary institution as provided in s. 1009.533, F.S.;
8
Has reached 18 years of age, but is not yet 23 years of age;
Has applied for any other grants and scholarships for which he or she may qualify;
Submitted a complete and error-free Free Application for Federal Student Aid; and
Signed an agreement to allow the DCF and the community-based care lead agency to access
his or her school records.
9
4
Section 409.14515, F.S.
5
Section 39.6035(1), F.S.
6
Pursuant to s. 1002.3105(5), F.S., s. 1003.4281, F.S., or s. 1003.4282, F.S., or its equivalent pursuant to s. 1003.435, F.S.
7
Section 409.1451(2)(a)4., F.S., defines “full-time” as 9 credit hours or the vocational school equivalent.
8
Section 1009.533, F.S., provides for eligible postsecondary education institutions, including: (1) a Florida public university,
Florida College System institution, or career center; (2) An independent Florida college or university that is accredited by an
accrediting association whose standards are comparable to the minimum standards required to operate an institution at that
level in Florida and which has operated in the state for at least 3 years; (3) an independent Florida postsecondary education
institution that is licensed by the Commission for Independent Education and meets other specified criteria; (4) a Florida
independent postsecondary education institution that offers a nursing diploma approved by the Board of Nursing; and (5) A
Florida independent postsecondary education institution that is licensed by the Commission for Independent Education.
9
Section 409.1451(2)(a), F.S. BILL: SB 764 Page 4
Current law sets out the amount of financial assistance for which the young adult is eligible
based upon certain circumstances including, in part, whether the child remains in foster care
placement.
10
Aftercare Services
Aftercare services are available for a young adult who has reached 18 years of age but is not yet
23 years of age and is:
Not in foster care.
Temporarily not receiving financial assistance to pursue postsecondary education.
11
The specific aftercare services to be provided is determined by an assessment of an eligible
young adult, and may include, in part:
Mentoring and tutoring;
Mental health services and substance abuse counseling;
Life skills classes;
Parenting classes;
Job and career skills training;
Counselor consultations;
Temporary assistance for necessities and emergency situations; and
Financial literacy skills training.
12
Extended Foster Care
A child
13
who is living in foster care on his or her 18
th
birthday and who has not achieved
permanency in accordance with s. 39.621, F.S.,
14
is eligible to remain in licensed care under the
care of the DCF and the jurisdiction of the court if he or she is:
Completing secondary education or equivalent program;
Enrolled in a postsecondary or vocational education institution;
Participating in a program to eliminate barriers to employment;
Employed for at least 80 hours per month; or
Unable to participate in any of the above-listed programs or activities.
15
10
Section 409.1451(2)(b), F.S.
11
Section 409.1451(3)(a), F.S. Additionally, subject to available funding, aftercare services are also available to a young
adult who is between the ages of 18 and 22, is receiving financial assistance for postsecondary education, who is
experiencing an emergency situation, and whose resources are insufficient to meet the emergency situation.
12
Section 409.1451(3)(b), F.S.
13
Section 39.6251(1), F.S., defines “child” as an individual who has not attained 21 years of age.
14
Section 39.621(3), F.S., provides that the permanency goals available under ch. 39, F.S., listed in order of preference, are
reunification; adoption, if a petition for termination of parental rights has been or will be filed; permanent guardianship of a
dependent child under s. 39.6221, F.S.; permanent placement with a fit and willing relative under s. 39.6231, F.S.; or
placement in another planned permanent living arrangement under s. 39.6241, F.S.
15
Section 39.6251(2), F.S. BILL: SB 764 Page 5
A young adult
16
who participates in extended foster care must reside in a supervised living
environment that is approved by the DCF or the community-based care lead agency. The young
adult must be provided supervision, case management, and supportive services by the DCF or
lead agency, but must live independently.
17
Office of Continuing Care
In 2021, the Legislature required the DCF to establish an Office of Continuing Care (OCC). The
OCC was created to provide ongoing support and care coordination to youth adults who age out
of the foster care system between 18 and 21 years of age, or 22 years of age with a documented
disability.
18
The OCC has specified duties, including, but not limited to:
Providing young adults who age out of the foster care system with certain information about
the office, including its purpose, services offered and contact information;
Providing assistance in accessing services and supports; and
Collaborating with community-based care lead agencies to identify local resources and assist
young adults in accessing such support services.
19
The OCC is part of Hope Florida – A Pathway to Prosperity that assists the office with providing
services to eligible foster youth who age out of care.
20
Care Navigators guide, amongst others,
foster youth on an individualized path to prosperity, economic self-sufficiency and hope.
21
Fostering Success Program
In 2014, a pilot program was developed for young adults who aged out of foster care to obtain an
internship position with certain state agencies, such as the Florida Department of Agriculture
Technology Services.
22
In 2016, the pilot program was expanded with $100,000 appropriated in
recurring General Revenue funds to a program known as “Fostering Success Youth Readiness
Training and Placement Services” (Fostering Success).
23
The program was designed for young
adults aged 18 to 24 years of age to gain employment skills that would enable them to achieve
economic self-sufficiency and professional success. Fostering Success operated at the following
agencies:
Department of Agriculture and Consumer Services;
Department of Children and Families;
16
Section 39.6251(1), F.S., defines “young adult” as an individual who has attained 18 years of age but who has not attained
21 years of age.
17
Section 39.6251(4)(a), F.S.
18
Chapter 2021-169, s. 20, L.O.F., codified as s. 414.56, F.S.
19
Id.
20
The DCF, Office of Continuing Care, available at Office of Continuing Care - Florida Department of Children and Families
(myflfamilies.com) (last visited November 22, 2021).
21
The DCF, Hope Florida – A Pathway to Prosperity, available at A Pathway to Prosperity - Florida Department of Children
and Families (myflfamilies.com) (last visited November 22, 2021).
22
WFSU Public Media, Pilot Program Aimed at Helping Foster Kids Gain Employment Could Expand Soon, October 17,
2014, available at Pilot Program Aimed At Helping Foster Kids Gain Employment Could Soon Expand | WFSU News (last
visited November 22, 2021).
23
Guardian ad Litem, Representative Ben Albritton Champion for Children in Foster Care, March 1, 2016, available at
Representative Ben Albritton Champion for Children in Foster Care | Florida child abuse attorney | Non-profit lawyers | Pro
bono attorney Florida |Florida Guardian ad Litem (last visited November 22, 2021). BILL: SB 764 Page 6
Department of Economic Opportunity;
Department of Health;
Department of Juvenile Justice; and
Florida Fish & Wildlife Conservation.
24
The Fostering Success program was a year-long, part-time, other-personal-services positions
with one of the six participating state agencies listed above.
25
Funding for Fostering Success
ceased in the Fiscal Year 2020-2021.
III. Effect of Proposed Changes:
The bill creates s. 409.1455, F.S., cited as the “Step Into Success Act”, establishing a specified
internship program that must be administered by the DCF. The purpose of the program is to
assist eligible foster youth to:
Develop essential workforce and professional skills;
Transition from the custody of the DCF to independent living; and
Become best prepared for an independent and successful future.
The bill provides for definitions of the following terms:
“Approved agency”, which is defined to mean one of the following agencies that may
participate in the internship program by employing eligible foster youth:
o The Department of Children and Families;
o The Department of Health;
o The Agency for Health Care Administration;
o The Department of Education;
o The Department of Environmental Protection;
o The Fish and Wildlife Conservation Commission; and
o The Office of the State Fire Marshal within the Department of Financial Services.
“Community-based care lead agency”, which is defined to have the same meaning as in s.
409.986(3)(d), F.S.
26
“Foster youth”, which is defined as an individual older than 16 years of age but younger than
26 years of age who is currently or was previously placed in foster care within the state.
“Priority consideration”, which means the approved agency must invite a foster youth who is
eligible to participate in the internship program to be interviewed for any position for which
he or she meets the minimum qualifications.
The OCC is responsible for establishing and operating the internship program, and complying
with the requirements under s. 409.1455, F.S.
24
Florida Center for Child Welfare, Independent Living Services Array: Extended Foster Care, Postsecondary Education
Services and Support (PESS), Aftercare Services & Fostering Success, available at Florida's Center for Child Welfare |
Independent Living Services Array (usf.edu) (last visited November 22, 2021).
25
OPPAGA DCF Child Welfare.
26
Section 409.986(3)(d), F.S., defines “community-based care lead agency” or “lead agency” as a single entity with which
the DCF has a contract for the provision of care for children in the child protection and the child welfare system in a
community that is no smaller than a county and no larger than two contiguous judicial circuits. BILL: SB 764 Page 7
The program must have qualified designated personnel whose responsibilities include providing
required services to approved agency liaison personnel and eligible foster youth. Foster youth
who are eligible for the program must receive priority consideration for any position that is
offered under the program.
The DCF must establish the Step Into Success internship program and begin operations on or
before January 1, 2023. The DCF must also comply with all of the following program
requirements:
Designate and ensure that there is sufficient qualified staff to implement and maintain
operation of the program;
By November 1, 2022 and at least annually thereafter, prepare written educational and
training materials for foster youth, including a toolkit to explain the internship process,
resources
27
to assist with participating in the program, and guidance on securing an internship
position;
Provide all relevant training and written materials as well as any other relevant tools to the
approved agencies;
Provide written materials to foster youth to ensure that they are aware of the requirements for
participating in the program and contact information for the program office. Community-
based care lead agencies must ensure any of their subcontracted providers that directly serve
youth are also provided with such material;
Advertise and promote the availability of the internship program;
Provide to eligible foster youth a minimum of 2 hours of training relating to interview skills
and a minimum of 4 hours of training relating to professional and leadership development
skills that are relevant to performing the functions of the positions that are offered by
approved agencies under the internship program;
28
Develop and provide a minimum of 1 hour of trauma-informed training to mentors;
Provide assistance to eligible foster youth who wish to participate in the internship program
with the administrative and procedural requirements;
Publicize specific opportunities for internship positions offered by approved agencies and
inform foster youth where to find such information;
Assess each eligible foster youth’s career interests and determine the most appropriate
internship opportunities;
Ensure that internships under the program comply with the Fair Labor Standards Act;
By November 1, 2022, facilitate and work with designated state agencies to establish a
system for secondary institutions to award college credit toward a degree for internship
positions that are held by foster youth through the internship program;
Conduct follow-up interviews with participating foster youth within 3 months after their
employment start date to ensure that the participants transitioned into the work environment
27
Resources that may be provided to foster youth who are participating in the program include, but are not limited to,
workshops and materials to assist with preparing resumes and staff assistance with securing internship positions.
28
This training must be provided in addition to any other life skills or employment training required by law and may be
developed or administered by the DCF, community-based care lead agencies, or the lead agencies’ subcontracted providers or
through collaboration with the approved agencies, colleges or universities, or non-profit organizations in the community that
have workforce training resources. Foster youth are not restricted to participating in the minimum number of hours of
training. BILL: SB 764 Page 8
successfully and to gather feedback, and submit this information to the FICW by August 1,
2023, and by August 1 annually thereafter;
Gather and compile feedback from mentors assigned to participating foster youth or from
other agency personnel, and submit such data to the FICW by August 1, 2023, and by August
1 annually thereafter; and
Collaborate with FICW to provide any requested information necessary to prepare each
required annual report.
Each approved agency who is authorized to participate in the internship program is also required
to comply with specific program requirements, including all of the following:
Provide the DCF, or the community-based care lead agencies or the lead agencies’
subcontracted providers, with a list, updated at least monthly, of open employment
opportunities;
Offer priority consideration to any eligible foster youth who applies for an open internship
position under the internship program if he or she meets all of the minimum qualifications for
such position;
Recruit employees within the approved agency to serve as mentors for foster youth who are
employed through the internship program;
Engage an intern’s assigned mentor and the approved agency’s internship program liaison
and, if applicable, document an intern’s failure to comply with a corrective action plan;
Provide relevant feedback to the DCF at least annually; and
Collaborate with the FICW to provide any requested information necessary to prepare each
annual report.
The bill provides that employees of approved agencies who serve as mentors to the interns
participating in the program must meet all of the following requirements:
Have worked for the approved agency for a minimum of 1 year;
Have experience relevant to the employment responsibilities of the intern;
Complete a minimum of 1 hour of trauma-informed training; and
Pass a level 2 background screening as provided in s. 435.04, F.S., if the employee will be
assigned to mentor a foster youth who is younger than 18 years old and if the employee has
not passed such a screening within the previous 3 years or is not exempt from such
requirement pursuant to s. 435.07, F.S.
29
Employees who serve as mentors for a minimum of 6 consecutive months are eligible for a
maximum payment of $1,000 per intern per fiscal year, to be issued as follows:
At the conclusion of the first 6 consecutive months of service, $500; and
At the conclusion of an additional 6 consecutive months of service, $500.
An employee may serve as a mentor for a maximum of three interns at one time, but may not
receive more than $3,000 in compensation per fiscal year for serving as a mentor. Any time spent
29
An employee who must pass a level 2 background screening is required to submit a full set of his or her fingerprints to his
or her employing approved agency, and such agency must forward them to the Department of Law Enforcement (FDLE) for
state processing. The FDLE must forward the fingerprints to the Federal Bureau of Investigation for national processing. The
DCF must pay the fees for state and federal fingerprint processing which shall be set at the same amount prescribed in s.
943.053(3)(e), F.S. BILL: SB 764 Page 9
serving as a mentor to an intern through the program counts toward the required minimum
service to be eligible for the compensation set out above.
Foster youth who obtain employment through the internship program may hold the position for
no more than 1 year. The approved agency may extend the employment beyond the one year or
hire the foster youth as a full-time employee, but it may not be as an intern under the program. A
foster youth may be employed as an intern under the internship program by more than one
approved agency but such employment must not be at the same time.
Foster youth who obtain employment under the internship program are able to work a maximum
of 20 hours per week and will be compensation for the work in an hourly manner through the
specific appropriation provided in the bill. Additionally, foster youth participating as an intern
through the program are subject to all of the following conditions:
A participant must meet the definition of foster youth at the time that such youth applies for
an internship position with an approved agency;
A foster youth must complete the minimum training requirements relating to interviewing
before an interview with an approved agency and must complete all other training before
commencement of work;
30
If offered employment as an intern, he or she must be classified as an other-personal-services
employee, and may be discharged after the approved agency has engaged the intern’s
assigned mentor and the approved agency’s internship program staff, and has documented
the intern’s failure to comply with a corrective action plan after being given a reasonable
opportunity to do so;
A foster youth must spend all funds received, up to the maximum $500 stipend amount
included in the specific appropriation of the bill, for the purpose of purchasing business attire
on clothing that is in compliance with the dress code of the approved agency for which he or
she is employed;
31
and
He or she must be afforded employee protections of all relevant and applicable federal and
state laws, including compensation at minimum wage for any hours worked.
32
Additionally, a foster youth may, at the discretion of the postsecondary institution within Florida
in which such youth is enrolled, earn college credits toward a degree for work performed as an
intern under the program. College credits earned may be in addition to any compensation earned
for the same work performed under the program and may be awarded for completion of the
whole or any part of the program. An institution has the discretion to determine whether the
foster youth must comply with administrative requirements to be eligible for college credit.
Institutions must treat such requirements the same for all students regardless of whether they
obtained the employment through a means other than the internship program. Approved agencies
30
The DCF, or, if designated, the community-based care lead agencies or the lead agencies’ subcontracted providers, may
determine on a case-by-case basis if an eligible foster youth needs to complete training before he or she applies for an
internship position.
31
The bill requires foster youth to comply with such dress code regardless of any limitation on funds provided to purchase
clothing.
32
The bill further provides that compensation earned under the program may not be considered earned income for purposes
of computing the foster youth’s eligibility for federal or state benefits, such as the Supplemental Nutrition Assistance
Program, a housing choice assistance voucher program, the Temporary Cash Assistance Program, the Medicaid program, or
the school readiness program. BILL: SB 764 Page 10
must cooperate with postsecondary educational institutions to provide any information that is
necessary for the institution to determine whether to grant the foster youth credit toward his or
her degree.
By October 1, 2023, and annually thereafter, the FICW must submit a report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives, which must contain an
evaluation of the internship program, including, but not limited to:
Whether the program is in compliance with the requirements of the internship program;
The outcomes of foster youth who obtain employment through the programs;
A summary of the feedback received from the foster youth, mentors and approved agencies
who participate in the program; and
Any recommendations for actions that may improve the effectiveness and outcomes of the
program.
For the 2022-2023 fiscal year, the sums of $1,292,378 in recurring funds and $350,376 in
nonrecurring funds are appropriated from the General Revenue Fund to the DCF to implement
the act.
The bill also requires the DCF and approved agencies to adopt rules to implement s. 409.1455,
F.S.
The bill is effective July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified. BILL: SB 764 Page 11
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
For the 2022-2023 fiscal year, the bill appropriates the sums of $1,292,378 in recurring
funds and $350,376 in nonrecurring funds from General Revenue Fund to the DCF to
implement the act.
These appropriated funds consist of $959,055 in recurring funds for the salary and
benefits, recurring standard expense package, and clothing allowance for 75 interns, and
$336,900 in nonrecurring funds for expense standard package. There is also $80,738 in
recurring funds for the $1,000 compensation (plus federal taxes) for 75 mentors. Finally,
the appropriations include $252,585 in recurring funds for recruitment staff, training
staff, and a program administrator salary and benefits, and recurring standard expense
package, and $13,476 in nonrecurring funds for expenses standard package.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 414.56 of the Florida Statutes.
This bill creates section 409.1455 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None. BILL: SB 764 Page 12
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.