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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dependent children; amending s. 2
39.202, F.S.; providing that certain records relating 3
to the death of a child may only be released after 4
receipt of the final report of the medical examiner; 5
providing an exception; creating s. 39.5035, F. S.; 6
authorizing certain persons to file a petition for 7
adjudication and permanent commitment or a petition 8
for permanent commitment under certain circumstances; 9
specifying the timeframe to file such petitions; 10
providing requirements for such petitions; req uiring 11
an adjudicatory hearing be held within a specified 12
time after a petition is filed; requiring that certain 13
persons be served with notice of the adjudicatory 14
hearing; providing requirements for the adjudicatory 15
hearing; requiring a finding of clear an d convincing 16
evidence; requiring the court to enter specified 17
orders within a certain amount of time after the 18
adjudicatory hearing; requiring certain hearings be 19
held after the adjudicatory hearing under certain 20
circumstances; amending s. 39.522, F.S.; au thorizing 21
certain persons to remove a child from a court -ordered 22
placement under certain circumstances; requiring the 23
Department of Children and Families to file a 24
specified motion and the court to hold a hearing 25
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within a certain time period under certain 26
circumstances; requiring the court to find probable 27
cause for the removal of the child based on certain 28
evidence; requiring the court to enter certain orders; 29
requiring a specified hearing if the court modifies 30
the child's placement; amending s. 39.6013, F .S.; 31
removing standards for the evidence required for the 32
court to amend a case plan; authorizing the court to 33
base certain determinations on certain evidence; 34
amending s. 39.6221, F.S.; revising and providing 35
requirements for the court to place a child in a 36
permanent guardianship with a relative or other adult; 37
amending s. 39.701, F.S.; requiring the court and a 38
citizen review panel to determine if certain relatives 39
meet the eligibility requirements of the Guardianship 40
Assistance Program; amending s. 39.80 1, F.S.; waiving 41
service of process to certain persons under certain 42
circumstances; amending s. 39.812, F.S.; authorizing 43
the court to review the department's denial of an 44
application to adopt a child; requiring the department 45
to file written notification of its denial with the 46
court and provide copies to certain persons within a 47
specified time period; providing requirements to have 48
a court review the department's denial of an 49
application to adopt; requiring the court to hold a 50
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hearing within a specified ti me; providing standing to 51
certain persons; authorizing certain persons to 52
participate in the hearing under certain 53
circumstances; requiring the court to enter an order 54
within a specified amount of time; conforming 55
provisions to changes made by the act; ame nding s. 56
63.062, F.S.; conforming provisions to changes made by 57
the act; amending s. 409.167, F.S.; providing that the 58
photo listing component of the statewide adoption 59
exchange is only accessible to certain persons; 60
amending s. 409.175, F.S.; authorizing the department 61
to exempt certain persons or entities from licensure; 62
providing requirements for such exemption; requiring 63
the department to adopt rules; extending the number of 64
days the department may extend a license expiration 65
date; providing an effectiv e date. 66
67
Be It Enacted by the Legislature of the State of Florida: 68
69
Section 1. Paragraph (o) of subsection (2) of section 70
39.202, Florida Statutes, is amended to read: 71
39.202 Confidentiality of reports and records in cases of 72
child abuse or negle ct; exception.— 73
(2) Except as provided in subsection (4), access to such 74
records, excluding the name of, or other identifying information 75
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with respect to, the reporter which shall be released only as 76
provided in subsection (5), shall be granted only to t he 77
following persons, officials, and agencies: 78
(o) Any person in the event of the death of a child 79
determined by the department after receipt of the final report 80
of the medical examiner to be a result of abuse, abandonment, or 81
neglect. Information identi fying the person reporting abuse, 82
abandonment, or neglect may shall not be released. Information 83
may not be released if there is an active, concurrent criminal 84
investigation and a law enforcement officer or the state 85
attorney informs the department that th e release of information 86
may compromise a successful criminal prosecution in the child 87
abuse, neglect, or abandonment case. Any information otherwise 88
made confidential or exempt by law may shall not be released 89
under pursuant to this paragraph. 90
Section 2. Section 39.5035, Florida Statutes, is created 91
to read: 92
39.5035 Deceased parents; special procedures. — 93
(1)(a)1. If both parents of a child die or the last known 94
living parent dies and a legal custodian has not been appointed 95
for the child through a probate or guardianship proceeding, an 96
attorney for the department or any other person who has 97
knowledge of such facts or is informed of such facts and 98
believes them to be true may initiate a proceeding by filing a 99
petition for adjudication and permanent c ommitment. The petition 100
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must be filed within a reasonable time after the petitioner 101
first becomes aware of the facts that support the petition for 102
adjudication and permanent commitment. 103
2. If a child has been placed in shelter status by order 104
of the court but has not yet been adjudicated, a petition for 105
adjudication and permanent commitment must be filed within 21 106
days after the shelter hearing. 107
(b) If, after a child has already been adjudicated 108
dependent, both parents of the child die or the last known 109
living parent dies and a legal custodian has not been appointed 110
for the child through a probate or guardianship proceeding, an 111
attorney for the department or any other person who has 112
knowledge of the facts or is informed of the facts and believes 113
them to be true may file a petition for permanent commitment. 114
The petition must be filed within a reasonable time after the 115
petitioner first becomes aware of the facts that support the 116
petition for permanent commitment. 117
(2) The petition must: 118
(a) Be in writing, identify the alleged deceased parent or 119
parents, and provide facts that establish that both parents of 120
the child are deceased or the last known living parent is 121
deceased and that a legal custodian has not been appointed for 122
the child through a probate or guardianship proceeding. 123
(b) Be signed by the petitioner under oath stating the 124
petitioner's good faith in filing the petition. 125
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(3) The clerk of court must set the case before the court 126
for an adjudicatory hearing as soon as practicable, but not 127
later than 30 days after a petition for adjudication and 128
permanent commitment or petition for permanent commitment is 129
filed. 130
(4) A copy of the petition and notice of the date, time, 131
and place of the adjudicatory hearing must be served on all of 132
the following persons: 133
(a) The person who has physical custody of the child. 134
(b) A living relative of each parent of the child, unless 135
a living relative of each parent cannot be found after a 136
diligent search or inquiry. 137
(c) The guardian ad litem for the child or a 138
representative of the guardian ad litem program, if a guardian 139
ad litem has been appointed for the child. 140
(5) The adjudicatory hearing must be conducted by a judge 141
without a jury in accordance with the Florida Rules of Civil 142
Procedure. The hearings may be adjourned from time to time as 143
necessary. At the hearing, the judge must determine whether the 144
petitioner has established by clear and convincing evidence that 145
both parents of the child are deceased or that one parent is 146
deceased, the other parent canno t be found after a diligent 147
search, and a legal custodian has not been appointed for the 148
child through a probate or guardianship proceeding. A certified 149
copy of a death certificate for a parent is clear and convincing 150
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evidence of the parent's death. 151
(6) Within 30 days after an adjudicatory hearing on a 152
petition for adjudication and permanent commitment, the court 153
must: 154
(a) If the court finds that the petitioner met the clear 155
and convincing standard: 156
1. Enter a written order adjudicating the child depe ndent 157
and permanently committing the child to the custody of the 158
department for the purpose of adoption. 159
2. Schedule a disposition hearing as provided in s. 39.521 160
within 30 days after the entry of the order in which the 161
department must provide a case pl an that identifies the 162
permanency goal for the child to the court. Reasonable efforts 163
must be made to place the child in a timely manner in accordance 164
with the permanency plan and to complete all steps necessary to 165
finalize the permanent placement of the c hild. 166
3. Hold hearings every 6 months to review the progress 167
being made toward permanency for the child until the adoption of 168
the child is finalized or the child reaches the age of 18 years, 169
whichever occurs first. 170
(b) Enter a written order adjudicatin g the child dependent 171
if the court finds that the petitioner has not met the clear and 172
convincing standard but that a preponderance of the evidence 173
establishes that the child does not have a parent or legal 174
custodian capable of providing supervision or car e to the child. 175
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The court must schedule a disposition hearing as provided in s. 176
39.521 within 30 days after the entry of the order in which the 177
department must provide a case plan that identifies the 178
permanency goal for the child to the court. Reasonable e fforts 179
must be made to place the child in a timely manner in accordance 180
with the permanency plan and to complete all steps necessary to 181
finalize the permanent placement of the child. 182
(c) Enter a written order dismissing the petition if the 183
court finds that the petitioner has not met the clear and 184
convincing standard and that a preponderance of the evidence 185
does not establish that the child does not have a parent or 186
legal custodian capable of providing supervision or care to the 187
child. 188
(7) Within 30 days after an adjudicatory hearing on a 189
petition for permanent commitment, the court must: 190
(a) If the court finds that the petitioner met the clear 191
and convincing standard: 192
1. Enter a written order permanently committing the child 193
to the custody of the dep artment for the purpose of adoption. 194
2. Schedule a disposition hearing as provided in s. 39.521 195
within 30 days after the entry of the order in which the 196
department must provide an amended case plan that identifies the 197
permanency goal for the child to the court. Reasonable efforts 198
must be made to place the child in a timely manner in accordance 199
with the permanency plan and to complete all steps necessary to 200
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finalize the permanent placement of the child. 201
3. Hold hearings every 6 months to review the progr ess 202
being made toward permanency for the child until the adoption of 203
the child is finalized or the child reaches the age of 18 years, 204
whichever occurs first. 205
(b) Enter an order dismissing the petition if the court 206
finds that the petitioner has not met th e clear and convincing 207
standard. The order does not affect the child's prior 208
adjudication of dependency. The order does not bar the 209
petitioner from filing a subsequent petition for permanent 210
commitment based on newly discovered evidence that establishes 211
that both parents of the child are deceased or that the last 212
living known parent is deceased and that a legal custodian has 213
not been appointed for the child through a probate or 214
guardianship proceeding. 215
Section 3. Subsection (7) is added to section 39.52 2, 216
Florida Statutes, to read: 217
39.522 Postdisposition change of custody. — 218
(7) Notwithstanding any other provision of this section, a 219
child's case manager, an authorized agent of the department, or 220
a law enforcement officer may, at any time, remove a chi ld from 221
a court-ordered placement and take the child into custody if the 222
court-ordered caregiver of the child requests immediate removal 223
of the child from the home. Additionally, an authorized agent of 224
the department or a law enforcement officer may, at an y time, 225
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remove a child from a court -ordered placement and take the child 226
into custody if there is probable cause as required under s. 227
39.401(1)(b). 228
(a) If the child is not placed in licensed care upon 229
removal, the department must file a motion to modify placement 230
within 1 business day after the child is taken into custody. The 231
court must then set a hearing within 24 hours after the motion 232
is filed unless all of the parties and the current caregiver 233
agree to the change of placement. At the hearing, the cou rt must 234
determine if the department has established probable cause to 235
support the immediate removal of the child from his or her 236
current placement. The court may base its determination on a 237
sworn petition or affidavit or on testimony and may hear all 238
relevant and material evidence, including oral or written 239
reports, to the extent of their probative value, even if such 240
evidence would not be competent evidence at an adjudicatory 241
hearing. 242
(b) If the court finds that the department did not 243
establish probable cause to support the removal of the child 244
from his or her current placement, the court must enter an order 245
that the child be returned to such placement. An order by the 246
court to return the child to his or her current placement does 247
not preclude a party fro m filing a subsequent motion pursuant to 248
subsection (2). 249
(c) If the current caregiver admits that a change of 250
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placement is needed or the department establishes probable cause 251
to support removal of the child, the court must enter an order 252
changing the placement of the child. The new placement for the 253
child must meet the home study criteria in chapter 39 if the 254
child is not placed in foster care. 255
(d) If the court finds probable cause and modifies the 256
child's placement, the court must conduct a hearing pursuant to 257
subsection (2) or subsection (3), unless such hearing is waived 258
by all parties and the caregiver. 259
Section 4. Subsections (4) and (5) of section 39.6013, 260
Florida Statutes, are amended to read: 261
39.6013 Case plan amendments. — 262
(4) At any hearing, the case plan may be amended by the 263
court or upon motion of any party at any hearing to change the 264
goal of the plan, employ the use of concurrent planning, or add 265
or remove tasks the parent must complete in order to 266
substantially comply with the pla n if there is a preponderance 267
of evidence demonstrating the need for the amendment. The court 268
may base its determination to amend the case plan on testimony 269
and may hear all relevant and material evidence, including oral 270
or written reports, to the extent o f their probative value, even 271
if such evidence would not be competent evidence at an 272
adjudicatory hearing. The need to amend the case plan may be 273
based on information discovered or circumstances arising after 274
the approval of the case plan for: 275
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(a) A previously unaddressed condition that, without 276
services, may prevent the child from safely returning to the 277
home or may prevent the child from safely remaining in the home; 278
(b) The child's need for permanency, taking into 279
consideration the child's age and developmental needs; 280
(c) The failure of a party to substantially comply with a 281
task in the original case plan, including the ineffectiveness of 282
a previously offered service; or 283
(d) An error or oversight in the case plan. 284
(5) At any hearing, the case plan may be amended by the 285
court or upon motion of any party at any hearing to provide 286
appropriate services to the child if there is competent evidence 287
demonstrating the need for the amendment. The court may base its 288
determination to amend the case plan on testimony and may hear 289
all relevant and material evidence, including oral or written 290
reports, to the extent of their probative value, even if such 291
evidence would not be competent evidence at an adjudicatory 292
hearing. The reason for amending the case plan m ay be based on 293
information discovered or circumstances arising after the 294
approval of the case plan regarding the provision of safe and 295
proper care to the child. 296
Section 5. Paragraph (a) of subsection (1) of section 297
39.6221, Florida Statutes, is amended , and paragraph (g) is 298
added to that subsection to read: 299
39.6221 Permanent guardianship of a dependent child. — 300
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(1) If a court determines that reunification or adoption 301
is not in the best interest of the child, the court may place 302
the child in a permane nt guardianship with a relative or other 303
adult approved by the court if all of the following conditions 304
are met: 305
(a) The child has been in the placement for not less than 306
the preceding 6 months , or the preceding 3 months if the 307
caregiver is named as the successor guardian on the child's 308
guardianship assistance agreement pursuant to s. 39.6225 . 309
(g) The court determines if the prospective permanent 310
guardian is eligible for the Guardianship Assistance Program 311
under s. 39.6225. 312
Section 6. Paragraph (c) of subsection (2) of section 313
39.701, Florida Statutes, is amended to read: 314
39.701 Judicial review. — 315
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 316
AGE.— 317
(c) Review determinations. —The court and any citizen 318
review panel shall take into cons ideration the information 319
contained in the social services study and investigation and all 320
medical, psychological, and educational records that support the 321
terms of the case plan; testimony by the social services agency, 322
the parent, the foster parent or ca regiver, the guardian ad 323
litem or surrogate parent for educational decisionmaking if one 324
has been appointed for the child, and any other person deemed 325
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appropriate; and any relevant and material evidence submitted to 326
the court, including written and oral re ports to the extent of 327
their probative value. These reports and evidence may be 328
received by the court in its effort to determine the action to 329
be taken with regard to the child and may be relied upon to the 330
extent of their probative value, even though not competent in an 331
adjudicatory hearing. In its deliberations, the court and any 332
citizen review panel shall seek to determine: 333
1. If the parent was advised of the right to receive 334
assistance from any person or social service agency in the 335
preparation of the case plan. 336
2. If the parent has been advised of the right to have 337
counsel present at the judicial review or citizen review 338
hearings. If not so advised, the court or citizen review panel 339
shall advise the parent of such right. 340
3. If a guardian ad litem needs to be appointed for the 341
child in a case in which a guardian ad litem has not previously 342
been appointed or if there is a need to continue a guardian ad 343
litem in a case in which a guardian ad litem has been appointed. 344
4. Who holds the rights to make educational decisions for 345
the child. If appropriate, the court may refer the child to the 346
district school superintendent for appointment of a surrogate 347
parent or may itself appoint a surrogate parent under the 348
Individuals with Disabilities Education Act an d s. 39.0016. 349
5. The compliance or lack of compliance of all parties 350
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with applicable items of the case plan, including the parents' 351
compliance with child support orders. 352
6. The compliance or lack of compliance with a visitation 353
contract between the par ent and the social service agency for 354
contact with the child, including the frequency, duration, and 355
results of the parent -child visitation and the reason for any 356
noncompliance. 357
7. The frequency, kind, and duration of contacts among 358
siblings who have bee n separated during placement, as well as 359
any efforts undertaken to reunite separated siblings if doing so 360
is in the best interests of the child. 361
8. The compliance or lack of compliance of the parent in 362
meeting specified financial obligations pertaining t o the care 363
of the child, including the reason for failure to comply, if 364
applicable. 365
9. Whether the child is receiving safe and proper care 366
according to s. 39.6012, including, but not limited to, the 367
appropriateness of the child's current placement, inclu ding 368
whether the child is in a setting that is as family -like and as 369
close to the parent's home as possible, consistent with the 370
child's best interests and special needs, and including 371
maintaining stability in the child's educational placement, as 372
documented by assurances from the community -based care lead 373
agency that: 374
a. The placement of the child takes into account the 375
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appropriateness of the current educational setting and the 376
proximity to the school in which the child is enrolled at the 377
time of placement. 378
b. The community-based care lead agency has coordinated 379
with appropriate local educational agencies to ensure that the 380
child remains in the school in which the child is enrolled at 381
the time of placement. 382
10. A projected date likely for the child's return home or 383
other permanent placement. 384
11. When appropriate, the basis for the unwillingness or 385
inability of the parent to become a party to a case plan. The 386
court and the citizen review panel shall determine if the 387
efforts of the social service agenc y to secure party 388
participation in a case plan were sufficient. 389
12. For a child who has reached 13 years of age but is not 390
yet 18 years of age, the adequacy of the child's preparation for 391
adulthood and independent living. For a child who is 15 years of 392
age or older, the court shall determine if appropriate steps are 393
being taken for the child to obtain a driver license or 394
learner's driver license. 395
13. If amendments to the case plan are required. 396
Amendments to the case plan must be made under s. 39.6013. 397
14. If the parents and caregivers have developed a 398
productive relationship that includes meaningful communication 399
and mutual support. 400
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15. If there are any barriers to a relative meeting the 401
eligibility requirements under s. 39.6225. 402
Section 7. Paragraph (d) of subsection (3) of section 403
39.801, Florida Statutes, is redesignated as paragraph (e), and 404
a new paragraph (d) is added to that subsection, to read: 405
39.801 Procedures and jurisdiction; notice; service of 406
process.— 407
(3) Before the court m ay terminate parental rights, in 408
addition to the other requirements set forth in this part, the 409
following requirements must be met: 410
(d) If a person entitled to service under paragraph (a) 411
personally appears at the advisory hearing, or any other hearing 412
before the court that is held after the advisory hearing, the 413
necessity of serving process is waived for that person. 414
Section 8. Subsections (4) and (5) of section 39.812, 415
Florida Statutes, are amended to read: 416
39.812 Postdisposition relief; petition for adoption.— 417
(4) The court shall retain jurisdiction over any child 418
placed in the custody of the department until the child is 419
adopted. After custody of a child for subsequent adoption has 420
been given to the department, the court has jurisdiction for th e 421
purpose of reviewing the status of the child and the progress 422
being made toward permanent adoptive placement. As part of this 423
continuing jurisdiction, the court may: 424
(a) For good cause shown by the guardian ad litem for the 425
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child, the court may review the appropriateness of the adoptive 426
placement of the child. 427
(b) Review the department's denial of an application to 428
adopt a child. The department's decision to deny an application 429
to adopt a child is only reviewable under this section and is 430
not subject to chapter 120. 431
1. If the department denies an application to adopt a 432
child, the department must file written notification of the 433
denial with the court and provide copies to all parties within 434
10 business days after the department's decision. 435
2. A denied applicant may file a motion to review the 436
department's denial within 30 business days after the issuance 437
of the department's written notification of its decision to deny 438
the application to adopt a child. The motion to review must 439
allege that the departm ent unreasonably denied the application 440
to adopt and request that the court allow the denied applicant 441
to file a petition to adopt the child under chapter 63 without 442
the department's consent. 443
3. A denied applicant only has standing under chapter 39 444
to file the motion to review the department's denial and to 445
present evidence in support of such motion. Such standing is 446
terminated upon the entry of the court's order. 447
4. The court shall hold a hearing within 30 business days 448
after the denied applicant files the motion to review. The court 449
may only consider whether the department's denial of the 450
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application is consistent with its policies and if the 451
department made such decision in an expeditious manner. The 452
standard of review is whether the department's deni al of the 453
application is an abuse of discretion. 454
5. If the department selected a different applicant to 455
adopt the child, the selected applicant may participate in the 456
hearing as a participant, as defined in s. 39.01, and may be 457
granted leave by the court to be heard without the need to file 458
a motion to intervene. 459
6. Within 15 business days after the conclusion of the 460
hearing, the court must enter a written order denying the motion 461
to review or finding that the department unreasonably denied the 462
application to adopt and authorizing the denied applicant to 463
file a petition to adopt the child under chapter 63 without the 464
department's consent. 465
(5) When a licensed foster parent or court -ordered 466
custodian has applied to adopt a child who has resided with the 467
foster parent or custodian for at least 6 months and who has 468
previously been permanently committed to the legal custody of 469
the department and the department does not grant the application 470
to adopt, the department may not, in the absence of a prior 471
court order authorizing it to do so, remove the child from the 472
foster home or custodian, except when: 473
(a) There is probable cause to believe that the child is 474
at imminent risk of abuse or neglect; 475
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(b) Thirty business days have expired following written 476
notice to the foster parent or custodian of the denial of the 477
application to adopt, within which period no formal challenge of 478
the department's decision has been filed; 479
(c) A motion to review the department's denial of an 480
application to adopt a child under par agraph (4)(b) has been 481
denied; or 482
(d)(c) The foster parent or custodian agrees to the 483
child's removal. 484
(6)(5) The petition for adoption must be filed in the 485
division of the circuit court which entered the judgment 486
terminating parental rights, unless a motion for change of venue 487
is granted pursuant to s. 47.122. A copy of the consent to 488
adoption executed by the department must be attached to the 489
petition, unless such consent is waived under paragraph (4)(b) 490
pursuant to s. 63.062(7) . The petition must be accompanied by a 491
statement, signed by the prospective adoptive parents, 492
acknowledging receipt of all information required to be 493
disclosed under s. 63.085 and a form provided by the department 494
which details the social and medical history of the child and 495
each parent and includes the social security number and date of 496
birth for each parent, if such information is available or 497
readily obtainable. The prospective adoptive parents may not 498
file a petition for adoption until the judgment terminating 499
parental rights becomes final. An adoption proceeding under this 500
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subsection is governed by chapter 63. 501
Section 9. Subsection (7) of section 63.062, Florida 502
Statutes, is amended to read: 503
63.062 Persons required to consent to adoption; affidavit 504
of nonpaternity; wai ver of venue.— 505
(7) If parental rights to the minor have previously been 506
terminated, the adoption entity with which the minor has been 507
placed for subsequent adoption may provide consent to the 508
adoption. In such case, no other consent is required. If the 509
minor has been permanently committed to the department for 510
subsequent adoption, the department must consent to the adoption 511
or the court order finding that the department unreasonably 512
denied the application to adopt entered under s. 39.812(4) must 513
be attached to the petition to adopt, and The consent of the 514
department shall be waived upon a determination by the court 515
that such consent is being unreasonably withheld and if the 516
petitioner must file has filed with the court a favorable 517
preliminary adoptive home study as required under s. 63.092. 518
Section 10. Subsections (1) and (4) of section 409.167, 519
Florida Statutes, are amended to read: 520
409.167 Statewide adoption exchange; establishment; 521
responsibilities; registration requirements; rules. — 522
(1) The Department of Children and Families shall 523
establish, either directly or through purchase, a statewide 524
adoption exchange, with a photo listing component, which shall 525
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serve all authorized licensed child -placing agencies in the 526
state as a means of recruiting adop tive families for children 527
who have been legally freed for adoption and who have been 528
permanently placed with the department or a licensed child -529
placing agency. The statewide adoption exchange must shall 530
provide, in accordance with rules adopted by the department, 531
descriptions and photographs of such children, as well as any 532
other information deemed useful in the recruitment of adoptive 533
families for each child. The photo listing component of the 534
statewide adoption exchange must be updated monthly and may not 535
be accessible to the public, except to persons who have 536
completed or are in the process of completing an adoption home 537
study. 538
(4) For purposes of facilitating family -matching between 539
children and prospective adoptive parents, the statewide 540
adoption exchange must shall provide the photo listing component 541
service to all licensed child -placing agencies and, in 542
accordance with rules adopted established by the department, to 543
all appropriate citizen groups and other organizations and 544
associations intereste d in children's services. The photo 545
listing component of the statewide adoption exchange may not be 546
accessible to the public, except to persons who have completed 547
or are in the process of completing an adoption home study. 548
Section 11. Paragraph (i) of subsection (6) and subsection 549
(7) of section 409.175, Florida Statutes, are amended, and 550
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paragraph (m) is added to subsection (6) of that section to 551
read: 552
409.175 Licensure of family foster homes, residential 553
child-caring agencies, and child-placing agencies; public 554
records exemption.— 555
(6) 556
(i) Upon determination that the applicant meets the state 557
minimum licensing requirements and has obtained a letter from a 558
community-based care lead agency which indicates that the family 559
foster home meets the criteria established by the lead agency, 560
the department shall issue a license without charge to a 561
specific person or agency at a specific location. A license may 562
be issued if all the screening materials have been timely 563
submitted; however, a license may not be issued or renewed if 564
any person at the home or agency has failed the required 565
screening. The license is nontransferable. A copy of the license 566
must shall be displayed in a conspicuous place. Except as 567
provided in paragraph (k), the license is valid for up to 1 year 568
after from the date of issuance, unless the license is suspended 569
or revoked by the department or is voluntarily surrendered by 570
the licensee. The license is the property of the department. 571
(m) The department may exemp t from licensure any person or 572
entity seeking to operate a home or facility that provides 573
temporary care and supervision, at the same time, for 5 to 14 574
children who are not related to the primary caregiver and for a 575
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period of time not to exceed 10 hours pe r week or 6 hours per 576
day for any individual child while the parents or other legal 577
custodians of the child are engaged in short -term activities, 578
not including the employment of the parents or other legal 579
custodians of the child. 580
1. A person or entity op erating a home or facility under 581
this paragraph must register with the department regarding the 582
person's or entity's intent to provide temporary care and 583
supervision of children. The person or entity must maintain 584
records and make such records available at any time to an 585
authorized representative of the department. These records must 586
include, at a minimum, all of the following information: 587
a. The names, ages, and home addresses of the children 588
under the care and supervision of the person or entity. 589
b. The names, addresses, and telephone numbers of the 590
parents or legal custodians of each child. 591
c. The intended whereabouts of the parents or legal 592
custodians of each child while the child is under the care and 593
supervision of the person or entity. 594
d. Attendance information, including the dates and times 595
each child is under the care and supervision of the person or 596
entity. 597
e. Telephone numbers of persons to contact in case of 598
emergency for each child. 599
2. A person or entity seeking an exemption from lice nsure 600
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under this paragraph must undergo and require all employees to 601
undergo a level 2 background screening pursuant to chapter 435. 602
3. If a person or entity providing temporary care and 603
supervision to children fails to comply with all requirements 604
for an exemption from licensure, the person or entity will be 605
subject to the licensure requirements of this section. 606
4. The department shall adopt rules for the establishment, 607
registration, and exemption from licensure of temporary care 608
programs. 609
(7) The department may extend a license expiration date 610
once for a period of up to 60 30 days. However, the department 611
may not extend a license expiration date more than once during a 612
licensure period. 613
Section 12. This act shall take effect July 1, 2023. 614