This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 7061 PCB HHS 23-01 Sheriffs Providing Child Protective Investigative Services
SPONSOR(S): Health & Human Services Committee, Koster
TIED BILLS: IDEN./SIM. BILLS: SB 7056
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
HB 7061 passed the House on April 26, 2023. The bill was amended in the Senate on May 2, 2023, and was
returned to the House. The House concurred in the Senate amendment and subsequently passed the House
on May 3, 2023.
Florida’s dependency system identifies children and families in need of services through reports to the central
abuse hotline and child protective investigations. Child Protective Investigators (CPIs) conduct such
investigations and carry out other important responsibilities to maintain child safety. Currently, the Department
of Children and Families (DCF) performs child protective investigations in 60 counties and sheriffs’ offices do
so in the other seven, comprising nearly 25% of the child protective investigations in the state at a cost of $59
million. Four sheriffs’ offices are required by statute to perform child protective investigations, while three
others have voluntary agreements with DCF to do so.
HB 7061 requires the transfer of child protective investigation services by sheriffs back to DCF, making DCF
the sole entity performing child protective investigations in Florida. The bill specifies the timeframe and
framework for the transfer, including employees’ ability to transition to DCF and the handling of records, use of
facilities, final grant accounting, handling of liability claims, and disposition of assets.
HB 7061 has a significant, negative fiscal impact on DCF and an indeterminate impact on local governments.
See Fiscal Comments.
The bill was approved by the Governor’s on May 11, 2023, ch. 2023-77, L.O.F., and will become effective on
January 1, 2024, except for the provisions detailing the transfer from sheriffs to DCF, which are effective upon
becoming law.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Florida’s Dependency System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. Florida’s
dependency system identifies children and families in need of services through reports to the central
abuse hotline and child protective investigations. DCF and the 19 community-based care lead agencies
(CBCs) throughout Florida
1
work with those families to address the problems endangering children, if
possible. If the problems are not addressed, DCF and the CBC’s find safe out-of-home placements for
these children.
DCF’s practice model is based on the safety of the child within the home by using in-home services,
such as parenting coaching and counseling, to maintain and strengthen that child’s natural supports in
his or her environment.
DCF contracts with CBCs for case management, out-of-home services, and related services. The
outsourced provision of child welfare services is intended to increase local community ownership of
service delivery and design. CBCs contract with a number of subcontractors for case management and
direct care services to children and their families.
DCF remains responsible for a number of child welfare functions, including operating the central abuse
hotline, performing child protective investigations, and providing children’s legal services.
2
Ultimately,
DCF is responsible for program oversight and the overall performance of the child welfare system.
3
Dependency Process
Current law requires any person who knows or suspects that a child has been abused, abandoned, or
neglected to report such knowledge or suspicion to the central abuse hotline (hotline).
4
The hotline
5
receives more than 350,000 child-related calls annually.
6
Calls received are screened to determine if
the criteria are met to initiate a protective investigation.
7
Steps in the dependency process may include:
A report to the hotline.
A child protective investigation to determine the safety of the child.
Placement in out-of-home care, if necessary.
The court finding the child dependent.
Case planning for the parents to address the problems resulting in their child’s dependency.
Reunification with the child’s parent or another option to establish permanency, such as
adoption.
8
1
These 19 CBCs together serve the state’s 20 judicial circuits.
2
Ch. 39, F.S.
3
Id.
4
Section 39.201(1), F.S.
5
Department of Children and Families, Florida Abuse Hotline, Overview, https://www2.myflfamilies.com/service-programs/abuse-
hotline/overview.shtml, (last visited March 11, 2023).
6
Department of Children and Families, Child Welfare Key Indicators Monthly Report, Feb. 2023, System Overview, p. 8,
https://www2.myflfamilies.com/service-programs/child-welfare/kids/results-oriented-
accountability/performanceManagement/docs/KI_Monthly_Report_December%202022.pdf (last visited March 23, 2023).
7
Supra note 5.
8
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing
the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. S. 63.022, F.S.
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The graphic below presents key statistics regarding children and families having contact with the child
welfare system in FY 2021-22.
9
Child Protective Investigations
Child Protective Investigators (CPIs) initially must determine “whether there is any indication that any
child in the family or household has been abused, abandoned, or neglected,” and, if so, to identify the
individual responsible for the maltreatment. A CPI must respond to a hotline report either immediately,
or within 24 hours after the report is received, depending on the nature of the allegation. Next, a CPI
conducts a Family Functioning Assessment to identify the source of all danger threats in the home and
assess the protective capacity of the caregivers for the child. If a child has been determined to have
likely been maltreated, CPIs must consider the implementation of an in-home safety plan and the
initiation of in-home services to protect the child and stabilize the family. If necessary to protect the
child, CPIs remove the child from the home and place the child with another parent, relative, or non-
relative, or in licensed substitute care.
10
Specific CPI responsibilities include, but are not limited to:
Conducting investigations relating to allegations of abuse, abandonment, and/or special
conditions for children;
Working closely with law enforcement;
Collecting information through observation and interviews with certain persons, including the
children and parents;
Engaging families to understand the family dynamics;
Assessing danger threats, child vulnerabilities and caregiver protective capacities;
Managing and modifying safety plans as necessary during the investigation;
Arranging emergency placement for any child that cannot safely remain in the home;
9
Supra note 6, p. 9.
10
Department of Children and Families, Child Protective Investigator and Child Protective Investigator Supervisor Educational
Qualifications, Turnover, Professional Advancement, and Working Conditions Status Report, Oct. 1, 2022, p. 3,
https://www.myflfamilies.com/sites/default/files/2023-02/CPI_Workforce_Report_2021-22.pdf (accessed April 5, 2023).
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Notifying the state attorney, law enforcement, child protection team and other required
individuals as appropriate;
Providing written present and impending danger assessments;
Completing a risk assessment for families investigated and explaining risk to the family;
Conducting staffings required for families with high risk;
Providing families with services linkages to agency and community resources;
Conducting initial/ongoing child present and impending danger assessments; and
Developing with the family a Present Danger Plan and a safety plan.
11
CPIs must work nights and weekends as required to perform their responsibilities.
12
During FY 2021-2022, a total of 175,314 child protective investigations were conducted in Florida, and
99.22% of these investigations were commenced within 24 hours of receiving the abuse report.
13
In the
investigations closed within the same period, over 91.63% of victims were seen within 24 hours of the
hotline intake decision date and time.
14
Sheriffs’ Performance of Child Protective Investigations
Overview and History
Currently, DCF performs child protective investigations in 60 counties, and the General Appropriations
Act funds seven sheriffs’ offices to do so. Current law expressly requires DCF to contract with four
sheriffs’ offices to perform child protective investigations: Broward, Manatee, Pasco, and Pinellas
counties.
15
The General Appropriations Act (GAA) requires DCF to contract with three more: those in
Hillsborough, Seminole and Walton counties. Of the 175,314 child protective investigations conducted
in Florida during FY 2021-2022, the sheriff’s offices conducted 24.55% (43,039).
16
The history of such contracts is as follows:
FY 1997-98: DCF begins to transfer investigations to high-risk cases to the Manatee County
Sheriff’s Office, as authorized by statute.
17
FY 1998-99: Statute authorized DCF to enter into contracts with the Manatee, Pinellas,
Broward, and Pasco county sheriffs to handle child protective investigations.
FY 2000-01: DCF was given full authority to contract with any county sheriff’s office that wishes
to assume responsibility for conducting child protective investigations.
2000: Seminole County Sheriff’s Office was given authority through the General Appropriations
Act to handle child protective investigations.
2005: Hillsborough County Sheriff’s Office was given authority through the General
Appropriations Act to handle child protective investigations.
2007: Citrus County Sheriff’s Office was given authority through the General Appropriations Act
to handle child protective investigations.
11
Department of Children and Families, Agency Analysis of 2023 Proposed Committee Bill Sheriffs Provision of Child Protective
Investigations, p. 3, March 19, 2023.
12
Id.
13
Department of Children and Families, Florida Sheriffs Performing Child Protective Investigations: Annual Program Performance
Report, FY 2021-22, pp. 1 and 14, https://www.myflfamilies.com/sites/default/files/2023-
02/Sheriff_Offices_Annual_Peer_Review_Report_2021-22.pdf (accessed April 5, 2023).
14
Id.
15
S. 39.3065, F.S.
16
Supra note 13.
17
Susan Kinnevy, et al, The Transfer of Responsibility for Child Protective Investigations to Law Enforcement in Florida: A
Supplemental Study Final Report, Center for Research on Youth and Social Policy, School of Social Work, University of Pennsylvania;
Feb. 2005, p. 5. https://www.ojp.gov/ncjrs/virtual-library/abstracts/transfer-responsibility-child-protective-investigations-law (accessed
April 5, 2023).
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2012: Authority over child protective investigations was assumed back to DCF from the Citrus
County Sheriff’s Office.
18
2018: Walton County Sheriff’s Office was given authority through the General Appropriations
Act to handle child protective investigations.
This transfer of child protective investigations to sheriff’s offices was a new approach. Researchers
studying the effects wrote in their evaluation in 2005, “While many jurisdictions have experimented with
multidisciplinary teams and expanded roles for police, Florida has gone further than any other state in
the country in turning complete control of child maltreatment investigations over to a law enforcement
agency.”
19
Examples of other models for law enforcement involvement in child protective investigations
include formal or informal agreements to share information, or joint collaborative child abuse and
neglect investigations.
20
The requirements in law for sheriffs conducting child protective investigations vary based on whether
the statute requires the sheriff to perform investigations or the sheriff does so voluntarily.
All sheriffs performing child protective investigations must:
Operate in compliance with federal performance standards and metrics that are imposed by
federal law, regulation, or funding requirements;
21
and
Ensure that each sheriff CPI completes the same mandatory training that is required of CPIs
who are employed by the Department.
22
Additionally, the sheriffs of counties voluntarily conducting investigations must:
Adopt the child welfare practice model that is used by CPIs who are employed by the
Department;
23
and
Operate in accordance with the same child welfare practice model principles used by, and the
same state performance standards and metrics that are imposed on, child protective
investigators employed by the Department.
24
Sheriff Performance
Sheriffs and DCF are to collaborate on federal and state quality assurance and quality improvement
initiatives. For example, DCF and all contracted sheriffs, or their designees, must meet at least
quarterly to work together on federal and state quality assurance and quality improvement initiatives.
25
DCF must conduct an annual evaluation of the performance of all sheriffs providing child protective
investigation services. This evaluation is based on the same federal and selected state performance
18
It is not clear why authority over child protective investigations was assumed back to DCF from the Citrus County Sheriff’s Office;
however, it has been reported it was based on funding issues and was not performance related.
19
Supra note 17. It is unknown whether any other states have followed in transferring full responsibilities for child protective
investigations to law enforcement.
20
Casey Family Programs, Information Packet-Supportive Communities: Are there good examples of how child welfare agencies are
collaborating with law enforcement? Jan. 2018, https://www.casey.org/media/SComm_Models_Law_Enforcement_fnl.pdf (accessed
April 4, 2023).
21
S. 39.3065(3)(b)1., F.S. DCF is required to comply with child protection and child welfare outcomes, such as children are first and
foremost protected from abuse and neglect; commencing the investigation and seeing the alleged victim within 24 hours; children are
safely maintained in their homes, if possible and appropriate; services are provided to protect children and prevent removal from their
home; and children have permanency and stability in their living arrangements.
22
S. 39.3065(3)(b), F.S.
23
S. 39.3065(3)(a), F.S.
24
S. 39.3065(3)(b)2., F.S.
25
S. 39.3065(3)(e), F.S.
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standards imposed on DCF staff. Those sheriffs not specified in statute are subject to additional
performance standards based on the Florida child welfare practice model.
26
The grant agreements with the sheriffs’ offices contain two process measures:
Percent of investigations commenced within 24 hours. In FY 2021-22, sheriff performance on
average was 99.36%, ranging from 98.31% to 99.94%. DCF performance was 99.22%.
Percent of victims seen within 24 hours. During FY 2021-22, sheriff performance on average
was 91.93%, ranging from 90.13% to 95.65%. DCF performance was 91.53%.
27
DCF publishes a monthly report with statistics regarding the performance of entities in the child
welfare system, including the sheriffs conducting child protective investigation. This report indicates
varied performance by both DCF and sheriff’s offices regarding child protective investigations. For
example, while most sheriff’s offices’ removal rates are above the statewide average, the Seminole
County Sheriff’s Office has the lowest removal rate.
28
Regarding the standard of Children with No Recurrence of Verified Maltreatment within 12 Months, all
of the sheriff’s offices were above the 90.9% target in February 2023 while 4 of the DCF circuits fell
below. However, during the 2021-22 fiscal year, the only two offices that fell below the national
standard for that measure were sheriff’s offices, while all DCF offices were above the standard.
Sheriff Funding and Costs
All seven sheriffs conducting child protective investigations receive funding through the General
Appropriations Act (GAA) for that purpose. Such funds are identified by sheriff’s office in the annual
appropriations to DCF, which must award grants for the full amount of the appropriations to the sheriffs’
26
Id.
27
Supra note 16, pp. 13-14.
28
Department of Children and Families, Child Welfare Key Indicators Monthly Report, Feb. 2023, p. 28.
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offices. The Department may make advance payments to the sheriffs for conducting child protective
investigations. Any funds provided to sheriff’s offices for investigations may not be integrated into the
sheriffs’ regular budgets but must be maintained separately from all other records. Budget data must
be reported to DCF as set out in the grant agreement.
29
In FY 2022-2023, the total contract amount for sheriffs’ offices for child protective investigative services
is $59.1 million.
30
Sheriff Office
FY 2022-2023
Appropriations
Broward County $15,270,728
Hillsborough County $13,807,564
Manatee County $ 4,924,225
Pasco County $ 7,035,690
Pinellas County $12,484,719
Seminole County $ 4,702,668
Walton County $ 929,472
On average, the Legislature pays sheriffs more than DCF for performing the same investigation
functions. The following tables provide information on expenditures and costs per report received for
FY 2020-21 and FY 2021-2022. The first table provides information on the expenditures and costs per
report for each sheriff’s office conducting child protective investigations, while the second table
provides information for DCF.
Sheriff Cost and Expenditures Per Investigation
Fiscal Year 2020-2021 Fiscal Year 2021-2022
County Total Cost Reports
Average Cost
Per Report
Total Cost Reports
Average Cost
Per Report
Broward $14,264,123 9,359 $1,524 $14,317,561 9,662 $1,482
Hillsborough $13,738,636 9,571 $1,435 $14,411,533 9,976 $1,445
Manatee $4,855,360 3,133 $1,550 $5,114,966 2,883 $1,774
Pasco $6,445,087 4,781 $1,348 $6,466,013 4,587 $1,410
Pinellas $11,915,854 6,833 $1,744 $11,915,854 6,059 $1,967
Seminole $4,633,803 3,247 $1,427 $4,633,803 3,346 $1,385
Walton $860,607 870 $989 $860,607 792 $1,087
All Sheriffs $56,713,470 37,794 $1,501 $57,720,337 37,305 $1,547
DCF Cost and Expenditures Per Investigation
Fiscal Year 2020-2021 Fiscal Year 2021-2022
Region Total Cost Reports
Average Cost
Per Report
Total Cost Reports
Average Cost
Per Report
Northwest $20,983,838 14,705 $1,427 $19,954,007 14,460 $1,380
Northeast $35,568,139 28,262 $1,259 $31,971,896 26,448 $1,209
Suncoast $15,754,991 13,799 $1,142 $13,628,095 12,913 $1,055
Central $55,032,102 39,166 $1,405 $52,675,913 38,624 $1,364
Southeast $18,507,820 12,657 $1,462 $17,096,066 12,642 $1,352
Southern $15,834,931 10,155 $1,559 $14,286,744 10,305 $1,386
DCF $161,681,821 118,744 $1,362 $149,612,721 115,392 $1,297
29
Section 39.3065(3)(c), F.S.
30
Chapter 2022-156, Laws of Fla. (HB 5001), Specific Appropriation 316.
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During FY 2021-22, the range of costs per report for sheriffs’ offices was from $1,087 to $1,967. The
average cost per report for sheriffs was $1,547. Comparably, DCF costs ranged from $1,055 to $1,386.
DCF spends an average of $1,297 per report.
Liability Indemnification
The grant agreement between DCF and the sheriffs’ offices conducting child protective investigations
requires the sheriffs, to the extent permitted by law, to be fully liable and have absolute responsibility
without oversight from DCF for the actions of its officers, agents, and employees. Sheriffs maintain
sovereign immunity as provided in law.
31
Changes in the Child Welfare System
The responsibility for child protective investigative services transitioned over 20 years ago to the
sheriff’s offices. In the two decades since, prompted in part by changes in federal law regarding
availability of federal funding prioritizing prevention services, Florida’s child welfare system has
evolved. Today, there is a renewed commitment on prevention-focused programming and integrating
this function within existing crisis-oriented systems to provide better outcomes for families.
DCF and the local sheriffs’ offices jointly decided to recommend to transition all responsibilities for child
protective investigative services back to DCF.
32
Effect of Proposed Changes
The PCB requires the sheriffs providing child protective investigations to transfer all responsibility for
such services back to DCF by December 31, 2023. To facilitate transition planning, DCF and each
sheriff must agree upon the date that sheriff’s responsibilities will transfer. HB 7061 addresses specific
elements of the transfer as follows.
Transfer of Records
Upon the date the transfer is finalized with each respective sheriff, DCF shall become the custodian of
all files and documents previously maintained by the sheriffs related to the provision of child protective
services.
Assets and Finances
DCF and each respective sheriff providing child protective services will conduct an inventory of grant-
related assets, and all appropriate assets will be transferred to the Department. A financial close-out of
each grant must be completed by March 31, 2024.
Facilities
DCF may extend the private leases of facilities currently used by sheriffs for child protective services for
up to a year without undergoing a procurement process. Additionally, with the written agreement of all
parties, DCF may be assigned the private leases of facilities currently used by each respective sheriff
for child protective services for the remaining term of the lease. DCF and each respective sheriff may
enter an agreement to allow the child protective services staff now employed by DCF to remain in
sheriff-owned office spaces up to six months after the date the transfer is finalized.
31
Email from John Paul Fiore, Legislative Affairs Director, Florida Department of Children and Families, RE: Could I get current grant
agreement indemnification language?, May 3, 2023 (on file with Children, Families, and Seniors Subcommittee). See s. 768.28, F.S.
32
Supra note 11, pp. 4-5.
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Transfer of Employees
The bill allows all sheriff child protective services staff employed before July 1, 2023, and in good
standing to be able to transfer their employment to DCF. The bill allows these employees to:
Be appointed to positions comparable to the duties and responsibilities which they perform for
the sheriff’s office at the time of transfer without being subject to an open competitive process or
a probationary period, under most circumstances.
Avoid initial criminal background screenings as a condition of their transition as long as the
employees are in compliance with screening conditions of their employing sheriff’s office at the
time of transfer.
Maintain their current rate of pay.
Continue in the Florida Retirement System with no break in service.
Remain on Family and Medical Leave or an approved extended leave status, contingent upon
DCF receiving supporting documentation.
Be eligible for all benefits afforded to state employees as applicable to the positions which they
will occupy.
Claims and Causes of Action
For claims or causes of action filed before the dates of transfer, sheriffs will be responsible for
defending them, as provided in the grant agreement.The bill requires DCF to defend claims or causes
of action filed after responsibilities transfer.
The bill also makes conforming changes to statutes to remove references to sheriffs’ offices performing
child protective investigations.
The bill has an effective date of January 1, 2024, except for the provisions detailing the transfer from
sheriffs to DCF, which are effective upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The total additional funding required for the implementation of the bill is $1,381,682 (for personnel
resources). The bill also requires the transfer of $59,155,066 currently appropriated to DCF in a
specified budget category for sheriffs’ offices child protective investigations to other budget
categories within DCF.
For DCF to assume child protective investigative services from the sheriffs, the following categories
would receive the transferred funding (including the additional funding of $1,381,682):
Salaries and Benefits: $53,009,059, which is based upon the assumption that the 535 filled
positions among the sheriffs’ offices will elect to transfer employment to DCF, along with
additional funding for 55 positions that are currently authorized within DCF but lack salary and
benefit funds. The total FTE need is 674 positions, which will be covered by the transferred
funds except for the new 55 FTE.
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Expenses: $5,480,653 for fixed costs (e.g., leases, utilities, phones, etc.), travel
reimbursement, and supplies.
Contracted Services: $527,660 for services such as court reporting, interpreter services, mail
delivery, and records management.
Motor Vehicles: $1,250,966 for vehicles that are currently in the possession of the sheriffs’ that
will be transferred to DCF.
Department of Management Services annual workforce assessment: $268,409.
The total cost required for DCF to assume child protective investigative services from the sheriffs is
$60,536,747 ($59,155,066 currently available to be transferred plus $1,381,681 of new funding). A
review of budget reversions during the last three fiscal years shows an average of $10,443,552 of
unexpended salary budget. This amount is not specific to FTE providing child protective
investigative services; however, the budget amendment process allows departments to transfer
certain budget authority among categories if needed. Additionally, a review of vacant positions
shows that 212.00 Child Protective Investigator, Senior Child Protective Investigator, and Child
Protective Investigator Supervisor positions were vacant as of February 2023. The longest vacant
position dates to August 2021.
The General Appropriations Act for FY 2023-2024 appropriated $3,000,000 in nonrecurring funds
from the General Revenue Fund to reimburse the sheriffs when sufficient grant funds are not
available to cover employee leave payouts for employees who terminate employment with a sheriff
on or before the applicable transfer date. The act also appropriated $3,000,000 in recurring General
Revenue funds to DCF for defense or indemnification of any legal claims or cause of action relating
to the sheriffs’ provision of child prtectrive investigations. These funds may be transferred to a
sheriff’s office defending a claim or used by DCF.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill will reduce the funding received by those sheriffs’ offices providing child protective
investigatory services from DCF. The amount varies by sheriff’s office. See Substantive Analysis,
Effect of Proposed Changes.
2. Expenditures:
The bill will reduce the expenditures made by those sheriffs’ offices providing child protective
investigatory services as they will no longer be responsible for providing those services. To the
degree that sheriff’s offices are using county funds to supplement the funding received from DCF to
provide child protective investigatory services, such counties may experience a positive fiscal
impact from the bill.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
DCF will purchase equipment for transitioning sheriff’s office staff using base budget from the current
fiscal year.
During the first year of the transition, the sheriffs would need funding to provide services until the date
that responsibility for services transitioned to DCF, with the remaining appropriation (outside of the
sheriffs’ line item) transferred to the Department to provide services for the rest of the fiscal year.
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