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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 child welfare; amending s. 16.56, 2
F.S.; authorizing the Office of Statewide Prosecution 3
in the Department of Legal Affairs to investigate and 4
prosecute specified violations; amending s. 39.01, 5
F.S.; revising the definition of the term "c hild who 6
is found to be dependent"; defining the term "legal 7
custodian"; amending s. 39.206, F.S.; authorizing 8
certain persons to petition the court to release a 9
reporter's identity in order to file a lawsuit for 10
civil damages; authorizing the court to iss ue an order 11
for an in-camera inspection of certain records; 12
prohibiting the Department of Children and Families 13
from being made a party to such action; creating s. 14
39.3011, F.S.; defining the term "Family Advocacy 15
Program"; requiring the department to ente r into 16
agreements with certain military installations for 17
child protective investigations involving military 18
families; providing requirements for such agreements; 19
amending s. 39.401, F.S.; authorizing a law 20
enforcement officer or an authorized agent of the 21
department to take a child into custody who is the 22
subject of a specified court order; amending s. 23
39.5075, F.S.; authorizing, rather than requiring, the 24
department or a community -based care provider to 25
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petition the court for a specified order; providing 26
that a certain order may only be issued if a certain 27
petition is filed by specified entities; creating s. 28
39.5077, F.S.; defining the term "unaccompanied alien 29
child"; requiring any natural person who meets certain 30
criteria to submit a specified report wit h the 31
department; requiring such report be submitted within 32
a specified time period; requiring any natural person 33
who meets certain criteria to verify his or her 34
relationship with an unaccompanied alien child in 35
certain ways; requiring the person verifying his or 36
her relationship with such child to pay for DNA 37
testing; requiring such person to verify his or her 38
relationship within a specified time period; requiring 39
certain entities to submit a specified report to the 40
department within a specified time perio d; requiring a 41
specified attestation; providing criminal penalties 42
and civil fines; requiring the department to notify 43
certain persons or entities of certain requirements; 44
requiring the department to notify the Department of 45
Law Enforcement, the Office of Refugee Resettlement, 46
and the Immigration and Customs Enforcement under 47
certain circumstances; authorizing the department to 48
adopt certain rules; requiring certain persons or 49
entities to submit a report to the central abuse 50
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hotline under certain circumstan ces; amending s. 51
39.905, F.S.; authorizing the department to waive a 52
specified requirement if there is an emergency need 53
for a new domestic violence center, to issue a 54
provisional certification to such center under certain 55
circumstances, and to adopt rules relating to 56
provisional certifications; amending s. 125.901, F.S.; 57
revising membership requirements for certain 58
independent special districts; amending s. 402.305, 59
F.S.; authorizing the department to grant certain 60
exemptions from disqualification for cert ain persons; 61
amending s. 409.145, F.S.; requiring the department to 62
establish a fee schedule for daily room and board 63
rates for certain children by a date certain, which 64
may include different rates based on a child's acuity 65
level or the geographic location of the residential 66
child-caring agency; requiring the department to adopt 67
rules; amending s. 409.175, F.S.; authorizing the 68
department to grant certain exemptions from 69
disqualification for certain persons; authorizing the 70
department to extend the expirati on date of a license 71
by a specified amount of time for a certain purpose; 72
amending s. 419.001, F.S.; providing that certain 73
residential child-caring agencies are not subject to 74
certain proximity requirements; requiring a local 75
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government to exclude certain residential child-caring 76
agencies from proximity limitations; amending s. 77
553.73, F.S.; prohibiting the Florida Building 78
Commission from mandating the installation of fire 79
sprinklers or a fire suppression system in certain 80
agencies licensed by the departm ent; amending s. 81
633.208, F.S.; providing that certain residential 82
child-caring agencies are not required to install fire 83
sprinklers or a fire suppression system under certain 84
circumstances; amending s. 937.0201, F.S.; revising 85
the definition of "missing c hild"; amending s. 86
937.021, F.S.; specifying the entity with jurisdiction 87
for accepting missing child reports under certain 88
circumstances; authorizing law enforcement agencies to 89
use reasonable force to take certain children into 90
custody; amending ss. 402. 30501, 1002.57, and 1002.59, 91
F.S.; conforming cross -references; providing effective 92
dates. 93
94
Be It Enacted by the Legislature of the State of Florida: 95
96
Section 1. Effective January 1, 2026, paragraph (a) of 97
subsection (1) of section 16.56, Florida S tatutes, is amended to 98
read: 99
16.56 Office of Statewide Prosecution. — 100
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(1) There is created in the Department of Legal Affairs an 101
Office of Statewide Prosecution. The office shall be a separate 102
"budget entity" as that term is defined in chapter 216. The 103
office may: 104
(a) Investigate and prosecute the offenses of: 105
1. Bribery, burglary, criminal usury, extortion, gambling, 106
kidnapping, larceny, murder, prostitution, perjury, robbery, 107
carjacking, home-invasion robbery, and patient brokering; 108
2. Any crime involving narcotic or other dangerous drugs; 109
3. Any violation of the Florida RICO (Racketeer Influenced 110
and Corrupt Organization) Act, including any offense listed in 111
the definition of racketeering activity in s. 895.02(8)(a), 112
providing such listed offen se is investigated in connection with 113
a violation of s. 895.03 and is charged in a separate count of 114
an information or indictment containing a count charging a 115
violation of s. 895.03, the prosecution of which listed offense 116
may continue independently if th e prosecution of the violation 117
of s. 895.03 is terminated for any reason; 118
4. Any violation of the Florida Anti -Fencing Act; 119
5. Any violation of the Florida Antitrust Act of 1980, as 120
amended; 121
6. Any crime involving, or resulting in, fraud or deceit 122
upon any person; 123
7. Any violation of s. 847.0135, relating to computer 124
pornography and child exploitation prevention, or any offense 125
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related to a violation of s. 847.0135 or any violation of 126
chapter 827 where the crime is facilitated by or connected to 127
the use of the Internet or any device capable of electronic data 128
storage or transmission; 129
8. Any violation of chapter 815; 130
9. Any violation of chapter 825; 131
10. Any criminal violation of part I of chapter 499; 132
11. Any violation of the Florida Motor Fuel Tax Relief Act 133
of 2004; 134
12. Any criminal violation of s. 409.920 or s. 409.9201; 135
13. Any criminal violation of the Florida Money Laundering 136
Act; 137
14. Any criminal violation of the Florida Securities and 138
Investor Protection Act; 139
15. Any violation of chapter 787, as well as any and all 140
offenses related to a violation of chapter 787; or 141
16. Any criminal violation of chapter 24, part II of 142
chapter 285, chapter 546, chapter 550, chapter 551, or chapter 143
849; or 144
17. Any violation of s. 39.5077; 145
146
or any attempt, solicitation, or conspiracy to commit any of the 147
crimes specifically enumerated above. The office shall have such 148
power only when any such offense is occurring, or has occurred, 149
in two or more judicial circuits as part of a related 150
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transaction, or when any such offense is connected with an 151
organized criminal conspiracy affecting two or more judicial 152
circuits. Informations or indictments charging such offenses 153
shall contain general allegations stating the judicial circuits 154
and counties in which crimes are alleged to have occurred or the 155
judicial circuits and counties in which crimes affecting such 156
circuits or counties are alleged to have been connected with an 157
organized criminal conspiracy. 158
Section 2. Subsection (15) of section 39.01, Florid a 159
Statutes, is amended to read: 160
39.01 Definitions.—When used in this chapter, unless the 161
context otherwise requires: 162
(15) "Child who is found to be dependent" means a child 163
who, pursuant to this chapter, is found by the court: 164
(a) To have been abando ned, abused, or neglected by the 165
child's parent or parents or legal custodians; 166
(b) To have been surrendered to the department, the former 167
Department of Health and Rehabilitative Services, or a licensed 168
child-placing agency for purpose of adoption; 169
(c) To have been voluntarily placed with a licensed child -170
caring agency, a licensed child -placing agency, an adult 171
relative, the department, or the former Department of Health and 172
Rehabilitative Services, after which placement, under the 173
requirements of this chapter, a case plan has expired and the 174
parent or parents or legal custodians have failed to 175
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substantially comply with the requirements of the plan; 176
(d) To have been voluntarily placed with a licensed child -177
placing agency for the purposes of subsequent adoption, and a 178
parent or parents have signed a consent pursuant to the Florida 179
Rules of Juvenile Procedure; 180
(e) To have no parent or legal custodians capable of 181
providing supervision and care; 182
(f) To be at substantial risk of imminent abuse, 183
abandonment, or neglect by the parent or parents or legal 184
custodians; or 185
(g) To have been sexually exploited and to have no parent, 186
legal custodian, or responsible adult relative currently known 187
and capable of providing the necessary and appropriate 188
supervision and care. 189
190
For purposes of this subsection, the term "legal custodian" 191
includes a sponsor to whom an unaccompanied alien child, as 192
defined in s. 39.5077(1), has been released by the Office of 193
Refugee Resettlement of the Department of Health and Human 194
Services. Notwithstanding any other provision of law, an 195
unaccompanied alien child may not be found to have been 196
abandoned, abused, or neglected based solely on allegations of 197
abandonment, abuse, or neglect that occurred before placement in 198
this state or by a pa rent who is not in the United States. 199
Section 3. Subsection (10) of section 39.206, Florida 200
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Statutes, is amended to read: 201
39.206 Administrative fines for false report of abuse, 202
abandonment, or neglect of a child; civil damages. — 203
(10) A person who k nowingly and willfully makes a false 204
report of abuse, abandonment, or neglect of a child, or a person 205
who counsels another to make a false report may be civilly 206
liable for damages suffered, including reasonable attorney fees 207
and costs, as a result of the f iling of the false report. If 208
there has not been a prior determination by the department that 209
a person has filed a false report and the name of the person who 210
filed the false report or counseled another to do so has not 211
been disclosed under subsection (9), the person who alleges he 212
or she is the subject of a false report may petition the court 213
in the circuit in which the petitioner resides for a 214
determination that the reporter's identity be released for the 215
purpose of proceeding with a lawsuit for civil dam ages. Upon 216
filing a legally sufficient petition by the petitioner that he 217
or she is the subject of a false report, the court may issue a 218
written order to the department to produce the report and 219
records relating to such false report for an in -camera 220
inspection. If department as custodian of the records may be 221
named as a party in the suit until the dependency court 222
determines in a written order upon an in-camera in camera 223
inspection of the records and report the court finds that there 224
is a reasonable basis f or believing that the report was false , 225
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and that the identity of the reporter may be disclosed for the 226
purpose of proceeding with a lawsuit for civil damages resulting 227
from the filing of the false report. The person who was the 228
subject of the alleged false report alleged perpetrator may 229
submit witness affidavits to assist the court in making this 230
initial determination. The department may not be made a party to 231
such action. 232
Section 4. Section 39.3011, Florida Statutes, is created 233
to read: 234
39.3011 Protective investigations involving military 235
families.— 236
(1) For purposes of this section, the term "Family 237
Advocacy Program" means the program established by the United 238
States Department of Defense to address child abuse, neglect, 239
and domestic abuse in milita ry families. 240
(2) The department shall enter into an agreement for child 241
protective investigations involving military families with the 242
Family Advocacy Program, or any successor program, of each 243
United States military installation located in this state. Such 244
agreement must include procedures for all of the following: 245
(a) Identifying the military personnel alleged to have 246
committed the child abuse, neglect, or domestic abuse. 247
(b) Notifying and sharing information with the military 248
installation when a c hild protective investigation implicating 249
military personnel has been initiated. 250
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(c) Maintaining confidentiality as required under state 251
and federal law. 252
Section 5. Paragraph (b) of subsection (1) of section 253
39.401, Florida Statutes, is amended to re ad: 254
39.401 Taking a child alleged to be dependent into 255
custody; law enforcement officers and authorized agents of the 256
department.— 257
(1) A child may only be taken into custody: 258
(b) By a law enforcement officer, or an authorized agent 259
of the department, if the officer or authorized agent has 260
probable cause to support a finding that the: 261
1. That the Child has been abused, neglected, or 262
abandoned, or is suffering from or is in imminent danger of 263
illness or injury as a result of abuse, neglect, or abandon ment; 264
2. Child is the subject of a court order to take the child 265
into the custody of the department; 266
3.2. That the Parent or legal custodian of the child has 267
materially violated a condition of placement imposed by the 268
court; or 269
4.3. That the Child has no parent, legal custodian, or 270
responsible adult relative immediately known and available to 271
provide supervision and care. 272
Section 6. Subsection (4) of section 39.5075, Florida 273
Statutes, is amended to read: 274
39.5075 Citizenship or residency status for immigrant 275
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children who are dependents. — 276
(4) If the child may be eligible for special immigrant 277
juvenile status, the department or community -based care provider 278
may shall petition the court for an order finding that the child 279
meets the criteria for special immigrant juvenile status. The 280
ruling of the court on this petition must include findings as to 281
the express wishes of the child, if the child is able to express 282
such wishes, and any other circumstances that wo uld affect 283
whether the best interests of the child would be served by 284
applying for special immigrant juvenile status. An order finding 285
that a child meets the criteria for special immigrant juvenile 286
status may be issued only upon a petition filed by the 287
department or a community -based care provider under this 288
section. 289
Section 7. Effective January 1, 2026, section 39.5077, 290
Florida Statutes, is created to read: 291
39.5077 Unaccompanied alien children. — 292
(1) For purposes of this section, the term "unaccompa nied 293
alien child" means a child who has no lawful immigration status 294
in the United States, has not attained 18 years of age, and with 295
respect to whom: 296
(a) There is no parent or legal guardian in the United 297
States; or 298
(b) No parent or legal guardian in the United States is 299
available to provide care and physical custody. 300
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(2)(a) Any natural person who obtains or has obtained 301
physical custody of an unaccompanied alien child through a 302
corporation, public or private agency other than the department, 303
or person other than the child's biological or adoptive parent, 304
legal guardian, or court -appointed custodian; who retains such 305
physical custody of the child for 10 or more consecutive days; 306
and who is not the biological or adoptive parent, legal 307
guardian, or court-appointed custodian of the child, must report 308
such physical custody to the department and initiate proceedings 309
under chapter 63, chapter 744, or chapter 751 to determine legal 310
custody of the child. 311
(b)1. A person who obtains custody of an unaccompanied 312
alien child on or after January 1, 2026, must comply with this 313
subsection within 30 days after obtaining physical custody of 314
such child. 315
2. A person who obtains custody of an unaccompanied alien 316
child before January 1, 2026, must comply with this subsec tion 317
within 90 days after January 1, 2026. 318
(3)(a) Any natural person who obtains or has obtained 319
physical custody of an unaccompanied alien child through a 320
corporation, a public or private agency other than the 321
department, or any other person and who is the biological or 322
adoptive parent, legal guardian, or court -appointed custodian of 323
the child must verify his or her relationship to the child by 324
submitting to the department a DNA test or other adequate 325
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documentation as determined by the department. The co st of DNA 326
testing is borne by the person verifying his or her relationship 327
to the child. 328
(b)1. A person who obtains custody of an unaccompanied 329
alien child on or after January 1, 2026, must comply with this 330
subsection within 30 days after obtaining physi cal custody of 331
such child. 332
2. A person who obtains custody of an unaccompanied alien 333
child before January 1, 2026, must comply with this subsection 334
within 90 days after January 1, 2026. 335
(4) An entity that takes placement of or transfers, or 336
assists in the transfer of, physical custody of an unaccompanied 337
alien child to any natural person or entity must report to the 338
department within 30 days after such placement or transfer all 339
identifying information of the unaccompanied alien child and the 340
natural person or entity that received such placement or 341
transfer of physical custody of the child. An entity that takes 342
placement of or transfers, or assists in the transfer of, 343
physical custody of an unaccompanied alien child must attest to 344
notifying the natural pe rson or entity obtaining physical 345
custody of the child of all applicable requirements of this 346
section. 347
(5) A natural person or an entity that willfully violates 348
subsections (2) and (3) commits a felony of the third degree, 349
punishable as provided in s. 77 5.082, s. 775.083, or s. 775.084. 350
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If the natural person or entity is convicted, the court shall 351
impose a fine of $1,000 on the natural person or a fine of 352
$10,000 on an entity. 353
(6) If the department believes that a natural person or an 354
entity has failed to report as required by this section, the 355
department must notify in writing such person or entity of the 356
obligation to report and the requirements of this section. 357
(7) The department shall notify the Department of Law 358
Enforcement, the Office of Refugee Resettlement, and the 359
Immigration and Customs Enforcement if a natural person or an 360
entity fails to report information required under this section 361
within 30 days after receipt of the written notification 362
required in subsection (6). 363
(8) The department may adopt rules to implement this 364
section, including rules relating to: 365
(a) The specific information that must be reported to the 366
department. 367
(b) Verifying biological or adoptive parentage, legal 368
guardianship, or court -appointed custody as required under 369
subsections (2) and (3). 370
(c) The creation of forms for all reports required under 371
this section. 372
(9) A natural person or an entity that is involved with or 373
interacts with an unaccompanied alien child and suspects abuse, 374
abandonment, or neglect of such c hild must immediately submit a 375
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report to the central abuse hotline. 376
Section 8. Paragraph (h) of subsection (1) of section 377
39.905, Florida Statutes, is amended to read: 378
39.905 Domestic violence centers. — 379
(1) Domestic violence centers certified under this part 380
must: 381
(h) Demonstrate local need and ability to sustain 382
operations through a history of 18 consecutive months' operation 383
as a domestic violence center, including 12 months' operation of 384
an emergency shelter as provided in paragraph (c), and a 385
business plan which addresses future operations and funding of 386
future operations. The department may waive this requirement if 387
there is an emergency need for a new domestic violence center to 388
provide services in an area, and no other viable options exist 389
to ensure continuity of services. If there is an emergency need, 390
the department may issue a provisional certification to the 391
domestic violence center as long as the center meets all other 392
criteria in this subsection. The department may adopt rules to 393
provide minimum standards for a provisional certificate, 394
including increased monitoring and site visits and the time 395
period such certificate is valid. 396
Section 9. Paragraphs (a) and (b) of subsection (1) of 397
section 125.901, Florida Statutes, are amended to re ad: 398
125.901 Children's services; independent special district; 399
council; powers, duties, and functions; public records 400
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exemption.— 401
(1) Each county may by ordinance create an independent 402
special district, as defined in ss. 189.012 and 200.001(8)(e), 403
to provide funding for children's services throughout the county 404
in accordance with this section. The boundaries of such district 405
shall be coterminous with the boundaries of the county. The 406
county governing body shall obtain approval at a general 407
election, as defined in s. 97.021, by a majority vote of those 408
electors voting on the question, to annually levy ad valorem 409
taxes which shall not exceed the maximum millage rate authorized 410
by this section. Any district created pursuant to the provisions 411
of this subsection shall be required to levy and fix millage 412
subject to the provisions of s. 200.065. Once such millage is 413
approved by the electorate, the district shall not be required 414
to seek approval of the electorate in future years to levy the 415
previously approved mi llage. However, a referendum to increase 416
the millage rate previously approved by the electors must be 417
held at a general election, and the referendum may be held only 418
once during the 48-month period preceding the effective date of 419
the increased millage. 420
(a) The governing body of the district shall be a council 421
on children's services, which may also be known as a juvenile 422
welfare board or similar name as established in the ordinance by 423
the county governing body. Such council shall consist of 10 424
members, including the superintendent of schools; a local school 425
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board member; the district administrator from the appropriate 426
district of the Department of Children and Families, or his or 427
her designee who is a member of the Senior Management Service or 428
of the Selected Exempt Service; one member of the county 429
governing body; and the judge assigned to juvenile cases who 430
shall sit as a voting member of the board, except that said 431
judge shall not vote or participate in the setting of ad valorem 432
taxes under this section. If there is more than one judge 433
assigned to juvenile cases in a county, the chief judge shall 434
designate one of said juvenile judges to serve on the board. The 435
remaining five members shall be appointed by the Governor ., and 436
shall, to the extent possible, re present the demographic 437
diversity of the population of the county. After soliciting 438
recommendations from the public, The county governing body may 439
shall submit to the Governor recommendations the names of at 440
least three persons for each vacancy and the Governor must make 441
a selection within 45 days after receipt of the recommendations 442
from the county governing body occurring among the five members 443
appointed by the Governor, and the Governor shall appoint 444
members to the council from the candidates nominated b y the 445
county governing body. The Governor shall make a selection 446
within a 45-day period or request a new list of candidates . All 447
members appointed by the Governor must shall have been residents 448
of the county for the previous 24 -month period. Such members 449
shall be appointed for 4 -year terms, except that the length of 450
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the terms of the initial appointees shall be adjusted to stagger 451
the terms. The Governor may remove a member for cause or upon 452
the written petition of the county governing body. If any of the 453
members of the council required to be appointed by the Governor 454
under the provisions of this subsection resigns, dies, or is 455
removed from office shall resign, die, or be removed from 456
office, the vacancy thereby created shall, as soon as 457
practicable, be fille d by appointment by the Governor, using the 458
same method as the original appointment, and such appointment to 459
fill a vacancy shall be for the unexpired term of the person who 460
resigns, dies, or is removed from office. 461
(b) However, any county as defined in s. 125.011(1) may 462
instead have a governing body consisting of 33 members, 463
including the superintendent of schools, or his or her designee; 464
two representatives of public postsecondary education 465
institutions located in the county; the county manager or the 466
equivalent county officer; the district administrator from the 467
appropriate district of the Department of Children and Families, 468
or the administrator's designee who is a member of the Senior 469
Management Service or the Selected Exempt Service; the director 470
of the county health department or the director's designee; the 471
state attorney for the county or the state attorney's designee; 472
the chief judge assigned to juvenile cases, or another juvenile 473
judge who is the chief judge's designee and who shall sit as a 474
voting member of the board, except that the judge may not vote 475
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or participate in setting ad valorem taxes under this section; 476
an individual who is selected by the board of the local United 477
Way or its equivalent; a member of a locally recognized faith -478
based coalition, selected by that coalition; a member of the 479
local chamber of commerce, selected by that chamber or, if more 480
than one chamber exists within the county, a person selected by 481
a coalition of the local chambers; a member of the early 482
learning coalition, selected by that coalition; a representative 483
of a labor organization or union active in the county; a member 484
of a local alliance or coalition engaged in cross -system 485
planning for health and social service delivery in the county, 486
selected by that alliance or coalition; a member of the local 487
Parent-Teachers Association/Parent -Teacher-Student Association, 488
selected by that association; a youth representative selected by 489
the local school system's student government; a local school 490
board member appointed by the chair of the school board; the 491
mayor of the county or the mayor's designee; one member of the 492
county governing body, appointed by the chair of that body; a 493
member of the state Legislature who represents residents of the 494
county, selected by the chair of the local legislative 495
delegation; an elected official representing the residents of a 496
municipality in the county, selected by the county municipal 497
league; and 4 members -at-large, appointed to the council by the 498
majority of sitting council members. The remaini ng seven members 499
shall be appointed by the Governor in accordance with procedures 500
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set forth in paragraph (a), except that the Governor may remove 501
a member for cause or upon the written petition of the council. 502
Appointments by the Governor must, to the exte nt reasonably 503
possible, represent the geographic and demographic diversity of 504
the population of the county. Members who are appointed to the 505
council by reason of their position are not subject to the 506
length of terms and limits on consecutive terms as provi ded in 507
this section. The remaining appointed members of the governing 508
body shall be appointed to serve 2 -year terms, except that those 509
members appointed by the Governor shall be appointed to serve 4 -510
year terms, and the youth representative and the legislat ive 511
delegate shall be appointed to serve 1 -year terms. A member may 512
be reappointed; however, a member may not serve for more than 513
three consecutive terms. A member is eligible to be appointed 514
again after a 2-year hiatus from the council. 515
Section 10. Subsection (2) of section 402.305, Florida 516
Statutes, is amended to read: 517
402.305 Licensing standards; child care facilities. — 518
(2) PERSONNEL.—Minimum standards for child care personnel 519
shall include minimum requirements as to: 520
(a) Good moral character based upon screening as defined 521
in s. 402.302(15). This screening shall be conducted as provided 522
in chapter 435, using the level 2 standards for screening set 523
forth in that chapter, and include employment history checks, a 524
search of criminal history recor ds, sexual predator and sexual 525
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offender registries, and child abuse and neglect registry of any 526
state in which the current or prospective child care personnel 527
resided during the preceding 5 years. 528
(b) Fingerprint submission for child care personnel, whic h 529
shall comply with s. 435.12. 530
(c) The department may grant exemptions from 531
disqualification from working with children or the 532
developmentally disabled as provided in s. 435.07. 533
(c)(d) Minimum age requirements. Such minimum standards 534
shall prohibit a person under the age of 21 from being the 535
operator of a child care facility and a person under the age of 536
16 from being employed at such facility unless such person is 537
under direct supervision and is not counted for the purposes of 538
computing the personnel -to-child ratio. 539
(d)(e) Minimum training requirements for child care 540
personnel. 541
1. Such minimum standards for training shall ensure that 542
all child care personnel take an approved 40 -clock-hour 543
introductory course in child care, which course covers at lea st 544
the following topic areas: 545
a. State and local rules and regulations which govern 546
child care. 547
b. Health, safety, and nutrition. 548
c. Identifying and reporting child abuse and neglect. 549
d. Child development, including typical and atypical 550
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language, cognitive, motor, social, and self -help skills 551
development. 552
e. Observation of developmental behaviors, including using 553
a checklist or other similar observation tools and techniques to 554
determine the child's developmental age level. 555
f. Specialized areas, including computer technology for 556
professional and classroom use and early literacy and language 557
development of children from birth to 5 years of age, as 558
determined by the department, for owner -operators and child care 559
personnel of a child care facility. 560
g. Developmental disabilities, including autism spectrum 561
disorder and Down syndrome, and early identification, use of 562
available state and local resources, classroom integration, and 563
positive behavioral supports for children with developmental 564
disabilities. 565
566
Within 90 days after employment, child care personnel shall 567
begin training to meet the training requirements. Child care 568
personnel shall successfully complete such training within 1 569
year after the date on which the training began, as evidenced by 570
passage of a competency examination. Successful completion of 571
the 40-clock-hour introductory course shall articulate into 572
community college credit in early childhood education, pursuant 573
to ss. 1007.24 and 1007.25. Exemption from all or a portion of 574
the required training shall be granted to child care personnel 575
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based upon educational credentials or passage of competency 576
examinations. Child care personnel possessing a 2 -year degree or 577
higher that includes 6 college credit hours in early childhood 578
development or child growth and development, or a child 579
development associate credential or an equivalent state -approved 580
child development associate credential, or a child development 581
associate waiver certificate shall be automatically exempted 582
from the training requirement s in sub-subparagraphs b., d., and 583
e. 584
2. The introductory course in child care shall stress, to 585
the extent possible, an interdisciplinary approach to the study 586
of children. 587
3. The introductory course shall cover recognition and 588
prevention of shaken bab y syndrome; prevention of sudden infant 589
death syndrome; recognition and care of infants and toddlers 590
with developmental disabilities, including autism spectrum 591
disorder and Down syndrome; and early childhood brain 592
development within the topic areas identif ied in this paragraph. 593
4. On an annual basis in order to further their child care 594
skills and, if appropriate, administrative skills, child care 595
personnel who have fulfilled the requirements for the child care 596
training shall be required to take an additio nal 1 continuing 597
education unit of approved inservice training, or 10 clock hours 598
of equivalent training, as determined by the department. 599
5. Child care personnel shall be required to complete 0.5 600
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continuing education unit of approved training or 5 clock hours 601
of equivalent training, as determined by the department, in 602
early literacy and language development of children from birth 603
to 5 years of age one time. The year that this training is 604
completed, it shall fulfill the 0.5 continuing education unit or 605
5 clock hours of the annual training required in subparagraph 4. 606
6. Procedures for ensuring the training of qualified child 607
care professionals to provide training of child care personnel, 608
including onsite training, shall be included in the minimum 609
standards. It is recommended that the state community child care 610
coordination agencies (central agencies) be contracted by the 611
department to coordinate such training when possible. Other 612
district educational resources, such as community colleges and 613
career programs, can be designated in such areas where central 614
agencies may not exist or are determined not to have the 615
capability to meet the coordination requirements set forth by 616
the department. 617
7. Training requirements shall not apply to certain 618
occasional or part-time support staff, including, but not 619
limited to, swimming instructors, piano teachers, dance 620
instructors, and gymnastics instructors. 621
8. The child care operator shall be required to take basic 622
training in serving children with disabilities within 5 ye ars 623
after employment, either as a part of the introductory training 624
or the annual 8 hours of inservice training. 625
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(e)(f) Periodic health examinations. 626
(f)(g) A credential for child care facility directors. The 627
credential shall be a required minimum stan dard for licensing. 628
629
The department may grant limited exemptions authorizing a person 630
to work in a specified role or with a specified population. 631
Section 11. Paragraph (e) is added to subsection (3) of 632
section 409.145, Florida Statutes, to read: 633
409.145 Care of children; "reasonable and prudent parent" 634
standard.—The child welfare system of the department shall 635
operate as a coordinated community -based system of care which 636
empowers all caregivers for children in foster care to provide 637
quality parenting, including approving or disapproving a child's 638
participation in activities based on the caregiver's assessment 639
using the "reasonable and prudent parent" standard. 640
(3) ROOM AND BOARD RATES. — 641
(e) By July 1, 2026, the department shall, in coordination 642
with its providers, establish a fee schedule for daily room and 643
board rates for children in out -of-home care who are placed in a 644
residential child-caring agency as defined in s. 409.175(2)(l). 645
The fee schedule may include different payment rates based on 646
factors including, but not limited to, the acuity level of the 647
child being placed and the geographic location of the 648
residential child-caring agency. The department shall adopt 649
rules to implement this paragraph. 650
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Section 12. Paragraph (b) of subsection (5), subsection 651
(7), and paragraph (e) of subsection (14) of section 409.175, 652
Florida Statutes, are amended to read: 653
409.175 Licensure of family foster homes, residential 654
child-caring agencies, and child -placing agencies; public 655
records exemption.— 656
(5) The department shall adopt and amend rules for the 657
levels of licensed care associated with the licensure of family 658
foster homes, residential child -caring agencies, and child -659
placing agencies. The rules may include criteria to approve 660
waivers to licensing requ irements when applying for a child -661
specific license. 662
(b) The requirements for licensure and operation of family 663
foster homes, residential child -caring agencies, and child -664
placing agencies shall include: 665
1. The operation, conduct, and maintenance of the se homes 666
and agencies and the responsibility which they assume for 667
children served and the evidence of need for that service. 668
2. The provision of food, clothing, educational 669
opportunities, services, equipment, and individual supplies to 670
assure the healthy physical, emotional, and mental development 671
of the children served. 672
3. The appropriateness, safety, cleanliness, and general 673
adequacy of the premises, including fire prevention and health 674
standards, to provide for the physical comfort, care, and well -675
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being of the children served. 676
4. The ratio of staff to children required to provide 677
adequate care and supervision of the children served and, in the 678
case of family foster homes, the maximum number of children in 679
the home. 680
5. The good moral character bas ed upon screening, 681
education, training, and experience requirements for personnel 682
and family foster homes. 683
6. The department may grant exemptions from 684
disqualification from working with children or the 685
developmentally disabled as provided in s. 435.07. 686
6.7. The provision of preservice and inservice training 687
for all foster parents and agency staff. 688
7.8. Satisfactory evidence of financial ability to provide 689
care for the children in compliance with licensing requirements. 690
8.9. The maintenance by the ag ency of records pertaining 691
to admission, progress, health, and discharge of children 692
served, including written case plans and reports to the 693
department. 694
9.10. The provision for parental involvement to encourage 695
preservation and strengthening of a child's relationship with 696
the family. 697
10.11. The transportation safety of children served. 698
11.12. The provisions for safeguarding the cultural, 699
religious, and ethnic values of a child. 700
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12.13. Provisions to safeguard the legal rights of 701
children served. 702
13.14. Requiring signs to be conspicuously placed on the 703
premises of facilities maintained by child -caring agencies to 704
warn children of the dangers of human trafficking and to 705
encourage the reporting of individuals observed attempting to 706
engage in human traf ficking activity. The signs must advise 707
children to report concerns to the local law enforcement agency 708
or the Department of Law Enforcement, specifying the appropriate 709
telephone numbers used for such reports. The department shall 710
specify, at a minimum, th e content of the signs by rule. 711
712
The department may grant limited exemptions authorizing a person 713
to work in a specified role or with a specified population. 714
(7) The department may extend a license expiration date 715
once for a period of up to 90 30 days to allow for the 716
implementation of corrective measures . However, the department 717
may not extend a license expiration date more than once during a 718
licensure period. 719
(14) 720
(e)1. In addition to any other preservice training 721
required by law, foster parents, as a condition of licensure, 722
and agency staff must successfully complete preservice training 723
related to human trafficking which must be uniform statewide and 724
must include, but need not be limited to , all of the following : 725
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a. Basic information on human traff icking, such as an 726
understanding of relevant terminology, and the differences 727
between sex trafficking and labor trafficking .; 728
b. Factors and knowledge on identifying children at risk 729
of human trafficking .; and 730
c. Steps that should be taken to prevent a t-risk youths 731
from becoming victims of human trafficking. 732
2. Foster parents, before licensure renewal, and agency 733
staff, during each full year of employment, must complete 734
inservice training related to human trafficking to satisfy the 735
training requirement under subparagraph (5)(b)6 (5)(b)7. 736
Section 13. Subsection (2), paragraph (c) of subsection 737
(3), and subsection (4) of section 419.001, Florida Statutes, 738
are amended to read: 739
419.001 Site selection of community residential homes. — 740
(2) Homes of six or fewer residents which otherwise meet 741
the definition of a community residential home are considered 742
shall be deemed a single-family unit and a noncommercial, 743
residential use for the purpose of local laws and ordinances. 744
Homes of six or fewer residents which otherwise meet the 745
definition of a community residential home must shall be allowed 746
in single-family or multifamily zoning without approval by the 747
local government, provided that such homes are not located 748
within a radius of 1,000 feet of another exi sting such home with 749
six or fewer residents or within a radius of 1,200 feet of 750
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another existing community residential home. Such homes with six 751
or fewer residents are not required to comply with the 752
notification provisions of this section; provided that, before 753
licensure, the sponsoring agency provides the local government 754
with the most recently published data compiled from the 755
licensing entities that identifies all community residential 756
homes within the jurisdictional limits of the local government 757
in which the proposed site is to be located in order to show 758
that there is not a home of six or fewer residents which 759
otherwise meets the definition of a community residential home 760
within a radius of 1,000 feet and not a community residential 761
home within a radius of 1,200 feet of the proposed home. At the 762
time of home occupancy, the sponsoring agency must notify the 763
local government that the home is licensed by the licensing 764
entity. For purposes of local land use and zoning 765
determinations, this subsection does no t affect the legal 766
nonconforming use status of any community residential home 767
lawfully permitted and operating as of July 1, 2016. 768
(3) 769
(c) The local government may shall not deny the siting of 770
a community residential home unless the local government 771
establishes that the siting of the home at the site selected: 772
1. Does not otherwise conform to existing zoning 773
regulations applicable to other multifamily uses in the area. 774
2. Does not meet applicable licensing criteria established 775
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and determined by the licensing entity, including requirements 776
that the home be located to assure the safe care and supervision 777
of all clients in the home. 778
3. Would result in such a concentrati on of community 779
residential homes in the area in proximity to the site selected, 780
or would result in a combination of such homes with other 781
residences in the community, such that the nature and character 782
of the area would be substantially altered. A home th at is 783
located within a radius of 1,200 feet of another existing 784
community residential home in a multifamily zone shall be an 785
overconcentration of such homes that substantially alters the 786
nature and character of the area. A home that is located within 787
a radius of 500 feet of an area of single -family zoning 788
substantially alters the nature and character of the area. 789
(4) Community residential homes, including homes of six or 790
fewer residents which would otherwise meet the definition of a 791
community residential home, which are licensed by the Department 792
of Children and Families as a residential child -caring agency as 793
defined in s. 409.175(2)(l) or located within a planned 794
residential community are not subject to the proximity 795
requirements of this section and may be contiguous to each 796
other. A planned residential community must comply with the 797
applicable local government's land development code and other 798
local ordinances. A local government may not impose proximity 799
limitations between homes within a planned residen tial community 800
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if such limitations are based solely on the types of residents 801
anticipated to be living in the community. A local government 802
shall exclude a home that has six or fewer residents licensed by 803
the Department of Children and Families as a reside ntial child-804
caring agency, as defined in s. 409.175(2)(l), when imposing 805
proximity limitations on community residential homes licensed by 806
another licensing entity. 807
Section 14. Paragraph (c) is added to subsection (20) of 808
section 553.73, Florida Statute s, to read: 809
553.73 Florida Building Code. — 810
(20) The Florida Building Commission may not: 811
(c) Mandate the installation of fire sprinklers or a fire 812
suppression system in a residential child -caring agency licensed 813
by the Department of Children and Families under s. 409.175 814
which operates in a single -family residential property that is 815
licensed for a capacity of five or fewer children who are 816
unrelated to the licensee. 817
Section 15. Subsection (12) is added to section 633.208, 818
Florida Statutes, to read: 819
633.208 Minimum firesafety standards. — 820
(12) Notwithstanding subsection (8), a residential child -821
caring agency licensed by the Department of Children and 822
Families under s. 409.175 which operates in a single -family 823
residential property that is lice nsed for a capacity of five or 824
fewer children who are unrelated to the licensee is not required 825
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to install fire sprinklers or a fire suppression system as long 826
as the licensee meets the requirements for portable fire 827
extinguishers, fire alarms, and smoke d etectors under this 828
chapter. 829
Section 16. Subsection (3) of section 937.0201, Florida 830
Statutes, is amended to read: 831
937.0201 Definitions. —As used in this chapter, the term: 832
(3) "Missing child" means a person younger than 18 years 833
of age whose temporary or permanent residence is in, or is 834
believed to be in, this state, whose location has not been 835
determined, and who has been reported as missing to a law 836
enforcement agency. The term includes a child who is the subject 837
of a court order to take the child into the custody of the 838
Department of Children and Families. 839
Section 17. Subsection (3) of section 937.021, Florida 840
Statutes, is amended, and subsection (9) is added to that 841
section, to read: 842
937.021 Missing child and missing adult reports. — 843
(3) A report that a child or adult is missing must be 844
accepted by and filed with the law enforcement agency having 845
jurisdiction in the county or municipality in which the child or 846
adult was last seen. The filing and acceptance of the report 847
imposes the duties s pecified in this section upon the law 848
enforcement agency receiving the report. This subsection does 849
not preclude a law enforcement agency from accepting a missing 850
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child or missing adult report when agency jurisdiction cannot be 851
determined. If agency jurisdiction cannot be determined for 852
cases in which there is a child who is the subject of a court 853
order to take the child into the custody of the Department of 854
Children and Families, the sheriff's office of the county in 855
which the court order was entered must take jurisdiction. 856
(9) A law enforcement officer or agency may use reasonable 857
force as necessary to take a missing child who is already in the 858
custody of the Department of Children and Families or who is the 859
subject of a court order to take the child int o the custody of 860
the Department of Children and Families. 861
Section 18. Section 402.30501, Florida Statutes, is 862
amended to read: 863
402.30501 Modification of introductory child care course 864
for community college credit authorized. —The Department of 865
Children and Families may modify the 40 -clock-hour introductory 866
course in child care under s. 402.305 or s. 402.3131 to meet the 867
requirements of articulating the course to community college 868
credit. Any modification must continue to provide that the 869
course satisfies the requirements of s. 402.305(2)(d) s. 870
402.305(2)(e). 871
Section 19. Subsections (3) and (4) of section 1002.57, 872
Florida Statutes, are amended to read: 873
1002.57 Prekindergarten director credential. — 874
(3) The prekindergarten director credential must meet or 875
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exceed the requirements of the Department of Children and 876
Families for the child care facility director credential under 877
s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of 878
the prekindergarten director credential satisfies these 879
requirements for the child care facility director credential. 880
(4) The department shall, to the maximum extent 881
practicable, award credit to a person who successfully completes 882
the child care facility director credential under s. 883
402.305(2)(f) s. 402.305(2)(g) for those requirements of the 884
prekindergarten director credential which are duplicative of 885
requirements for the child care facility director credential. 886
Section 20. Subsection (1) of section 1002.59, Florida 887
Statutes, is amended to read: 888
1002.59 Emergent literacy and performance standards 889
training courses.— 890
(1) The department, in collaboration with the Just Read, 891
Florida! Office, shall adopt minimum standards for courses in 892
emergent literacy for prekindergarten instructors. Each course 893
must consist of 5 clock hours and provide instruction in 894
strategies and techniques to address the age -appropriate 895
progress of prekindergarten students in developing emergent 896
literacy skills, including oral communication, knowledge of 897
print and letters, phonological and p honemic awareness, 898
vocabulary and comprehension development, and foundational 899
background knowledge designed to correlate with the content that 900
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students will encounter in grades K -12, consistent with the 901
evidence-based content and strategies grounded in the science of 902
reading identified pursuant to s. 1001.215(7). The course 903
standards must be reviewed as part of any review of subject 904
coverage or endorsement requirements in the elementary, reading, 905
and exceptional student educational areas conducted pursuant to 906
s. 1012.586. Each course must also provide resources containing 907
strategies that allow students with disabilities and other 908
special needs to derive maximum benefit from the Voluntary 909
Prekindergarten Education Program. Successful completion of an 910
emergent literacy training course approved under this section 911
satisfies requirements for approved training in early literacy 912
and language development under ss. 402.305(2)(d)5. ss. 913
402.305(2)(e)5., 402.313(6), and 402.3131(5). 914
Section 21. Except as otherwise ex pressly provided in this 915
act, this act shall take effect July 1, 2025. 916