| 51 | | - | available webpage which provides a central source for care 26 |
|---|
| 52 | | - | provider background screening education and awareness. The 27 |
|---|
| 53 | | - | webpage may be part of the curre nt web-based clearinghouse 28 |
|---|
| 54 | | - | system. The resources available on the webpage must be written 29 |
|---|
| 55 | | - | in nontechnical and accessible language, tailored to qualified 30 |
|---|
| 56 | | - | entities as defined in s. 943.0542(1), and include, but need not 31 |
|---|
| 57 | | - | be limited to: 32 |
|---|
| 58 | | - | 1. Information and ed ucation related to employment 33 |
|---|
| 59 | | - | screening requirements of qualified entities, to include: 34 |
|---|
| 60 | | - | a. The Care Provider Background Screening Clearinghouse. 35 |
|---|
| 61 | | - | b. Level 2 screening standards under s. 435.04. 36 |
|---|
| 62 | | - | c. Live-scan fingerprinting or other third -party systems, 37 |
|---|
| 63 | | - | including information on process, vendors, locations, and 38 |
|---|
| 64 | | - | potential costs. 39 |
|---|
| 65 | | - | 2. A searchable catalog, by specified agency, of qualified 40 |
|---|
| 66 | | - | entity employment classes and positions required by law to 41 |
|---|
| 67 | | - | undergo employment screening through the clearinghouse, to 42 |
|---|
| 68 | | - | include: 43 |
|---|
| 69 | | - | a. Disqualifying offenses. 44 |
|---|
| 70 | | - | b. Exemption requirements and process. 45 |
|---|
| 71 | | - | 3. A downloadable checklist detailing the process, 46 |
|---|
| 72 | | - | timelines, and contact information for employment screening 47 |
|---|
| 73 | | - | process support, tailored to qualified entities. 48 |
|---|
| 74 | | - | (b) Each specified agency must include a clear and 49 |
|---|
| 75 | | - | conspicuous link to the webpage on its website and provide the 50 |
|---|
| 51 | + | is added to subsection ( 2) of that section, to read: 26 |
|---|
| 52 | + | 409.175 Licensure of family foster homes, residential 27 |
|---|
| 53 | + | child-caring agencies, and child -placing agencies; public 28 |
|---|
| 54 | + | records exemption.— 29 |
|---|
| 55 | + | (2) As used in this section, the term: 30 |
|---|
| 56 | + | (j) "Personnel" means all owners, operators, emplo yees, 31 |
|---|
| 57 | + | and volunteers working in a child -placing agency or residential 32 |
|---|
| 58 | + | child-caring agency who may be employed by or do volunteer work 33 |
|---|
| 59 | + | for a person, corporation, or agency that holds a license as a 34 |
|---|
| 60 | + | child-placing agency or a residential child -caring agency, but 35 |
|---|
| 61 | + | the term does not include those who do not work on the premises 36 |
|---|
| 62 | + | at which where child care is furnished and have no direct 37 |
|---|
| 63 | + | contact with a child or have no contact with a child outside of 38 |
|---|
| 64 | + | the presence of the child's parent or guardian. For purposes of 39 |
|---|
| 65 | + | screening, the term includes any member, over the age of 12 40 |
|---|
| 66 | + | years, of the family of the owner or operator or any person 41 |
|---|
| 67 | + | other than a client, over the age of 12 years, residing with the 42 |
|---|
| 68 | + | owner or operator if the agency is located in or adjacent to the 43 |
|---|
| 69 | + | home of the owner or operator or if the family member of, or 44 |
|---|
| 70 | + | person residing with, the owner or operator has any direct 45 |
|---|
| 71 | + | contact with the children. Members of the family of the owner or 46 |
|---|
| 72 | + | operator, or persons residing with the owner or operator, who 47 |
|---|
| 73 | + | are between the ages of 12 years and 18 years are not required 48 |
|---|
| 74 | + | to be fingerprinted, but must be screened for delinquency 49 |
|---|
| 75 | + | records. For purposes of screening, the term also includes 50 |
|---|
| 88 | | - | link in all job vacancy advertisements and posts by the 51 |
|---|
| 89 | | - | qualified entity. 52 |
|---|
| 90 | | - | (c) The webpage must be active by January 1, 2026, and 53 |
|---|
| 91 | | - | reviewed and updated by October 1, 2026, and by October 1 each 54 |
|---|
| 92 | | - | year thereafter, to incorporate any changes to law, the 55 |
|---|
| 93 | | - | clearinghouse, or the employment screening process. 56 |
|---|
| 94 | | - | Section 2. This act shall take effect July 1, 2025. 57 |
|---|
| 88 | + | owners, operators, employees, and volunteers working in summer 51 |
|---|
| 89 | + | day camps, or summer 24-hour camps, or recreational enrichment 52 |
|---|
| 90 | + | programs providing care for children. A volunteer who assists on 53 |
|---|
| 91 | + | an intermittent basis for less than 10 hours per month shall not 54 |
|---|
| 92 | + | be included in the term "personnel" for the purposes of 55 |
|---|
| 93 | + | screening if a person who meets the s creening requirement of 56 |
|---|
| 94 | + | this section is always present and has the volunteer in his or 57 |
|---|
| 95 | + | her line of sight. 58 |
|---|
| 96 | + | (l) "Recreational enrichment program" means an 59 |
|---|
| 97 | + | organization providing in -person instruction to children in 60 |
|---|
| 98 | + | dance, gymnastics, or martial arts offere d on an ongoing basis 61 |
|---|
| 99 | + | which takes place partially or fully indoors. The term does not 62 |
|---|
| 100 | + | include any organization licensed or registered to provide child 63 |
|---|
| 101 | + | care under chapter 402, summer 24 -hour camps, or summer day 64 |
|---|
| 102 | + | camps. 65 |
|---|
| 103 | + | (m)(l) "Residential child-caring agency" means any person, 66 |
|---|
| 104 | + | corporation, or agency, public or private, other than the 67 |
|---|
| 105 | + | child's parent or legal guardian, that provides staffed 24 -hour 68 |
|---|
| 106 | + | care for children in facilities maintained for that purpose, 69 |
|---|
| 107 | + | regardless of whether operated for profit or wheth er a fee is 70 |
|---|
| 108 | + | charged. Such residential child -caring agencies include, but are 71 |
|---|
| 109 | + | not limited to, maternity homes, runaway shelters, group homes 72 |
|---|
| 110 | + | that are administered by an agency, emergency shelters that are 73 |
|---|
| 111 | + | not in private residences, and wilderness camps. Res idential 74 |
|---|
| 112 | + | child-caring agencies do not include hospitals, boarding 75 |
|---|
| 113 | + | |
|---|
| 114 | + | CS/HB 531 2025 |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 119 | + | hb531-01-c1 |
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| 120 | + | Page 4 of 10 |
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| 121 | + | 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 |
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| 122 | + | |
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| 123 | + | |
|---|
| 124 | + | |
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| 125 | + | schools, summer or recreation camps, recreational enrichment 76 |
|---|
| 126 | + | programs, nursing homes, or facilities operated by a 77 |
|---|
| 127 | + | governmental agency for the training, treatment, or secure care 78 |
|---|
| 128 | + | of delinquent youth, or facilities licensed under s. 393.067 or 79 |
|---|
| 129 | + | s. 394.875 or chapter 397. 80 |
|---|
| 130 | + | (4) 81 |
|---|
| 131 | + | (d) This license requirement does not apply to boarding 82 |
|---|
| 132 | + | schools, recreation and summer camps, recreational enrichment 83 |
|---|
| 133 | + | programs, nursing homes, hospitals, or to persons wh o care for 84 |
|---|
| 134 | + | children of friends or neighbors in their homes for periods not 85 |
|---|
| 135 | + | to exceed 90 days or to persons who have received a child for 86 |
|---|
| 136 | + | adoption from a licensed child -placing agency. 87 |
|---|
| 137 | + | (6) 88 |
|---|
| 138 | + | (e)1. The department may pursue other remedies provided in 89 |
|---|
| 139 | + | this section in addition to denial or revocation of a license 90 |
|---|
| 140 | + | for failure to comply with the screening requirements. The 91 |
|---|
| 141 | + | disciplinary actions determination to be made by the department 92 |
|---|
| 142 | + | and the procedure for hearing for applicants and licensees shall 93 |
|---|
| 143 | + | be in accordance with chapter 120. 94 |
|---|
| 144 | + | 2. When the department has reasonable cause to believe 95 |
|---|
| 145 | + | that grounds for denial or termination of employment exist, it 96 |
|---|
| 146 | + | shall notify, in writing, the applicant, licensee, or summer or 97 |
|---|
| 147 | + | recreation camp, or recreational enrichment progr am, and the 98 |
|---|
| 148 | + | personnel affected, stating the specific record that indicates 99 |
|---|
| 149 | + | noncompliance with the screening requirements. 100 |
|---|
| 150 | + | |
|---|
| 151 | + | CS/HB 531 2025 |
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| 152 | + | |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | + | hb531-01-c1 |
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| 157 | + | Page 5 of 10 |
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| 158 | + | 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 |
|---|
| 159 | + | |
|---|
| 160 | + | |
|---|
| 161 | + | |
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| 162 | + | 3. Procedures established for hearing under chapter 120 101 |
|---|
| 163 | + | shall be available to the applicant, licensee, summer day camp, 102 |
|---|
| 164 | + | or summer 24-hour camp, or recreational enrichment program, and 103 |
|---|
| 165 | + | affected personnel, in order to present evidence relating either 104 |
|---|
| 166 | + | to the accuracy of the basis for exclusion or to the denial of 105 |
|---|
| 167 | + | an exemption from disqualification. Such procedures may also be 106 |
|---|
| 168 | + | used to challenge a decision by a community -based care lead 107 |
|---|
| 169 | + | agency's refusal to issue a letter supporting an application for 108 |
|---|
| 170 | + | licensure. If the challenge is to the actions of the community -109 |
|---|
| 171 | + | based care lead agency, the respondent to the challenge shall be 110 |
|---|
| 172 | + | the lead agency and the department shall be notified of the 111 |
|---|
| 173 | + | proceedings. 112 |
|---|
| 174 | + | 4. Refusal on the part of an applicant to dismiss 113 |
|---|
| 175 | + | personnel who have been found not to be in compliance with the 114 |
|---|
| 176 | + | requirements for good moral character of personnel shall result 115 |
|---|
| 177 | + | in automatic denial or revocation of license in addition to any 116 |
|---|
| 178 | + | other remedies provided in this section which may be pursued by 117 |
|---|
| 179 | + | the department. 118 |
|---|
| 180 | + | (l) The department may not license summer day camps , or 119 |
|---|
| 181 | + | summer 24-hour camps, or recreational enrichment programs . 120 |
|---|
| 182 | + | However, the department shall have access to the personnel 121 |
|---|
| 183 | + | records of such facilities to ensure compliance with the 122 |
|---|
| 184 | + | screening requirements. The department may adopt rules relating 123 |
|---|
| 185 | + | to the screening requirements for summer day camps , and summer 124 |
|---|
| 186 | + | 24-hour camps, and recreational enrichment programs . 125 |
|---|
| 187 | + | |
|---|
| 188 | + | CS/HB 531 2025 |
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| 189 | + | |
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| 190 | + | |
|---|
| 191 | + | |
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| 192 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 193 | + | hb531-01-c1 |
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| 194 | + | Page 6 of 10 |
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| 195 | + | 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 |
|---|
| 196 | + | |
|---|
| 197 | + | |
|---|
| 198 | + | |
|---|
| 199 | + | (10)(a) The department may institute injunctive 126 |
|---|
| 200 | + | proceedings in a court of competent jurisdiction to: 127 |
|---|
| 201 | + | 1. Enforce the provisions of this section or any license 128 |
|---|
| 202 | + | requirement, rule, or order issued or entered into pursuant 129 |
|---|
| 203 | + | thereto; or 130 |
|---|
| 204 | + | 2. Terminate the operation of an agency in which any of 131 |
|---|
| 205 | + | the following conditions exist: 132 |
|---|
| 206 | + | a. The licensee has failed to take preventive or 133 |
|---|
| 207 | + | corrective measures in accordance with any order of the 134 |
|---|
| 208 | + | department to maintain conformity with licensing requir ements. 135 |
|---|
| 209 | + | b. There is a violation of any of the provisions of this 136 |
|---|
| 210 | + | section, or of any licensing requirement promulgated pursuant to 137 |
|---|
| 211 | + | this section, which violation threatens harm to any child or 138 |
|---|
| 212 | + | which constitutes an emergency requiring immediate action. 139 |
|---|
| 213 | + | 3. Terminate the operation of a summer day camp or summer 140 |
|---|
| 214 | + | 24-hour camp providing care for children or a recreational 141 |
|---|
| 215 | + | enrichment program when such camp or program has willfully and 142 |
|---|
| 216 | + | knowingly refused to comply with the screening requirements for 143 |
|---|
| 217 | + | personnel or has refused to terminate the employment of 144 |
|---|
| 218 | + | personnel found to be in noncompliance with the requirements for 145 |
|---|
| 219 | + | good moral character as determined in paragraph (5)(b). 146 |
|---|
| 220 | + | (b) If the department finds, within 30 days after written 147 |
|---|
| 221 | + | notification by registered mail o f the requirement for 148 |
|---|
| 222 | + | licensure, that a person or agency continues to care for or to 149 |
|---|
| 223 | + | place children without a license or, within 30 days after 150 |
|---|
| 224 | + | |
|---|
| 225 | + | CS/HB 531 2025 |
|---|
| 226 | + | |
|---|
| 227 | + | |
|---|
| 228 | + | |
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| 229 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 230 | + | hb531-01-c1 |
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| 231 | + | Page 7 of 10 |
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| 232 | + | 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 |
|---|
| 233 | + | |
|---|
| 234 | + | |
|---|
| 235 | + | |
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| 236 | + | written notification by registered mail of the requirement for 151 |
|---|
| 237 | + | screening of personnel and compliance with paragra ph (5)(b) for 152 |
|---|
| 238 | + | the hiring and continued employment of personnel, that a summer 153 |
|---|
| 239 | + | day camp, or summer 24-hour camp, or recreational enrichment 154 |
|---|
| 240 | + | program continues to provide care for or services to children 155 |
|---|
| 241 | + | without complying, the department shall notify the appr opriate 156 |
|---|
| 242 | + | state attorney of the violation of law and, if necessary, shall 157 |
|---|
| 243 | + | institute a civil suit to enjoin the person or agency from 158 |
|---|
| 244 | + | continuing the placement or care of children , or to enjoin the 159 |
|---|
| 245 | + | summer day camp, or summer 24-hour camp, or recreational 160 |
|---|
| 246 | + | enrichment program from continuing the care of , or providing 161 |
|---|
| 247 | + | services to, children. 162 |
|---|
| 248 | + | (c) Such injunctive relief may be temporary or permanent. 163 |
|---|
| 249 | + | (12)(a) It is unlawful for any person or agency to: 164 |
|---|
| 250 | + | 1. Provide continuing full -time care for or to receive or 165 |
|---|
| 251 | + | place a child apart from her or his parents in a residential 166 |
|---|
| 252 | + | group care facility, family foster home, or adoptive home 167 |
|---|
| 253 | + | without a valid license issued by the department if such license 168 |
|---|
| 254 | + | is required by subsection (5); or 169 |
|---|
| 255 | + | 2. Make a willful or intentional missta tement on any 170 |
|---|
| 256 | + | license application or other document required to be filed in 171 |
|---|
| 257 | + | connection with an application for a license. 172 |
|---|
| 258 | + | (b) It is unlawful for any person, agency, family foster 173 |
|---|
| 259 | + | home, summer day camp, or summer 24 -hour camp providing care for 174 |
|---|
| 260 | + | children to: 175 |
|---|
| 261 | + | |
|---|
| 262 | + | CS/HB 531 2025 |
|---|
| 263 | + | |
|---|
| 264 | + | |
|---|
| 265 | + | |
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| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 267 | + | hb531-01-c1 |
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| 268 | + | Page 8 of 10 |
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| 269 | + | 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 |
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| 270 | + | |
|---|
| 271 | + | |
|---|
| 272 | + | |
|---|
| 273 | + | 1. willfully or intentionally fail to comply with the 176 |
|---|
| 274 | + | requirements for the screening of personnel and family foster 177 |
|---|
| 275 | + | homes or the dismissal of personnel or removal of household 178 |
|---|
| 276 | + | members found not to be in compliance with the requirements for 179 |
|---|
| 277 | + | good moral character as specified in paragraph (5)(b). 180 |
|---|
| 278 | + | (c)2. It is unlawful for any person, agency, family foster 181 |
|---|
| 279 | + | home, summer day camp, summer 24 -hour camp providing care for 182 |
|---|
| 280 | + | children, or recreational enrichment program providing services 183 |
|---|
| 281 | + | to children, to use information from the criminal records 184 |
|---|
| 282 | + | obtained under this section for any purpose other than screening 185 |
|---|
| 283 | + | a person for employment as specified in this section or to 186 |
|---|
| 284 | + | release such information to any other person for any purpose 187 |
|---|
| 285 | + | other than screening for employment as specified in this 188 |
|---|
| 286 | + | section. 189 |
|---|
| 287 | + | (d)(c) It is unlawful for any person, agency, family 190 |
|---|
| 288 | + | foster home, summer day camp, or summer 24-hour camp providing 191 |
|---|
| 289 | + | care for children, or recreational enrichment program providing 192 |
|---|
| 290 | + | services to children, to use information from the juvenile 193 |
|---|
| 291 | + | records of any person obtained under this section for any 194 |
|---|
| 292 | + | purpose other than screening for employment as specified in this 195 |
|---|
| 293 | + | section or to release information from such records to any other 196 |
|---|
| 294 | + | person for any purpose other t han screening for employment as 197 |
|---|
| 295 | + | specified in this section. 198 |
|---|
| 296 | + | (e)(d)1. A first violation of paragraph (a) , or paragraph 199 |
|---|
| 297 | + | (b), or paragraph (c) is a misdemeanor of the first degree, 200 |
|---|
| 298 | + | |
|---|
| 299 | + | CS/HB 531 2025 |
|---|
| 300 | + | |
|---|
| 301 | + | |
|---|
| 302 | + | |
|---|
| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | + | hb531-01-c1 |
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| 305 | + | Page 9 of 10 |
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| 306 | + | 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 |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | |
|---|
| 310 | + | punishable as provided in s. 775.082 or s. 775.083. 201 |
|---|
| 311 | + | 2. A second or subseque nt violation of paragraph (a) , or 202 |
|---|
| 312 | + | paragraph (b), or paragraph (c) is a felony of the third degree, 203 |
|---|
| 313 | + | punishable as provided in s. 775.082 or s. 775.083. 204 |
|---|
| 314 | + | 3. A violation of paragraph (d) paragraph (c) is a felony 205 |
|---|
| 315 | + | of the third degree, punishable as provided i n s. 775.082, s. 206 |
|---|
| 316 | + | 775.083, or s. 775.084. 207 |
|---|
| 317 | + | Section 2. Section 409.1751, Florida Statutes, is created 208 |
|---|
| 318 | + | to read: 209 |
|---|
| 319 | + | 409.1751 Statewide background screening public awareness 210 |
|---|
| 320 | + | campaign.—Subject to legislative appropriation, the department, 211 |
|---|
| 321 | + | in conjunction with t he Agency for Health Care Administration 212 |
|---|
| 322 | + | and the Department of Law Enforcement, must develop and maintain 213 |
|---|
| 323 | + | a statewide public awareness campaign of the state's background 214 |
|---|
| 324 | + | screening requirements in s. 409.175 for summer day camps, 215 |
|---|
| 325 | + | summer 24-hour camps, and recreational enrichment programs. The 216 |
|---|
| 326 | + | campaign communication must include, but is not limited to, the 217 |
|---|
| 327 | + | Internet, television, radio, and outdoor advertising; and public 218 |
|---|
| 328 | + | service announcements. 219 |
|---|
| 329 | + | Section 3. Paragraph (b) of subsection (2) of section 220 |
|---|
| 330 | + | 409.1676, Florida Statutes, is amended to read: 221 |
|---|
| 331 | + | 409.1676 Comprehensive residential group care services to 222 |
|---|
| 332 | + | children who have extraordinary needs. — 223 |
|---|
| 333 | + | (2) As used in this section, the term: 224 |
|---|
| 334 | + | (b) "Residential group care" means a living environment 225 |
|---|
| 335 | + | |
|---|
| 336 | + | CS/HB 531 2025 |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 341 | + | hb531-01-c1 |
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| 342 | + | Page 10 of 10 |
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| 343 | + | 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 |
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| 344 | + | |
|---|
| 345 | + | |
|---|
| 346 | + | |
|---|
| 347 | + | for children who have been adjudicated dependent and are 226 |
|---|
| 348 | + | expected to be in foster care for at least 6 months with 24 - 227 |
|---|
| 349 | + | hour-awake staff or live-in group home parents or staff. Each 228 |
|---|
| 350 | + | facility must be appropriately licensed in this state as a 229 |
|---|
| 351 | + | residential child caring agency as defined in s. 409.175(2) s. 230 |
|---|
| 352 | + | 409.175(2)(l) and must be accredited by July 1, 2005. A 231 |
|---|
| 353 | + | residential group care facility serving children having a 232 |
|---|
| 354 | + | serious behavioral problem as defined in this section must have 233 |
|---|
| 355 | + | available staff or contract personnel with the cli nical 234 |
|---|
| 356 | + | expertise, credentials, and training to provide services 235 |
|---|
| 357 | + | identified in subsection (4). 236 |
|---|
| 358 | + | Section 4. This act shall take effect July 1, 2025. 237 |
|---|