Florida 2025 2025 Regular Session

Florida Senate Bill S1174 Analysis / Analysis

Filed 04/14/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services  
 
BILL: CS/CS/SB 1174 
INTRODUCER:  Appropriations Committee on Health and Human Services; Children, Families, and 
Elder Affairs Committee; and Senator Jones 
SUBJECT:  Licensure of Family Foster Homes 
DATE: April 14, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Kennedy Tuszynski CF Fav/CS 
2. Sneed McKnight AHS  Fav/CS 
3.     RC  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/SB 1174 amends the licensure requirements for family foster homes, residential child-
caring agencies, and child-placing agencies allowing a foster parent to amend their current 
license when they relocate without the need to submit a new application.  
 
The bill requires the Department of Children and Families (DCF) to adopt rules to streamline the 
licensure application process for family foster parents who are in good standing and relocate 
within the state, including prioritizing the review of their application, expediting home study and 
background checks, and recognizing prior foster parent training coursework. 
 
The bill has no fiscal impact on state expenditures and revenues. See Section V., Fiscal Impact 
Statement.  
 
The bill takes effect October 1, 2025. 
II. Present Situation: 
Florida’s Child Welfare System – Generally  
Chapter 39, F.S., creates Florida’s dependency system charged with protecting children who 
have been abused, abandoned, or neglected. Florida’s child welfare system identifies children 
REVISED:   BILL: CS/CS/SB 1174   	Page 2 
 
and families in need of services through reports to the central abuse hotline and child protective 
investigations. The Department of Children and Families (DCF) and community-based care 
(CBC) lead agencies work with those families to address the problems endangering children, if 
possible.
1
 If the problems cannot be addressed, the child welfare system finds safe out-of-home 
placements for these children.
2
 
 
Child Protective Investigations 
The DCF is required to operate and maintain a central abuse hotline (hotline)
3
 to receive reports 
of known or suspected instances of child abuse
4
, abandonment
5
, or neglect
6
, or instances when a 
child does not have a parent, legal custodian, or adult relative available to provide supervision 
and care.
7
 The hotline must operate 24 hours a day, 7 days a week, and accept reports through a 
single statewide toll-free telephone number or through electronic reporting.
8
 
 
If the hotline determines a report meets the statutory criteria for child abuse, abandonment, or 
neglect, a DCF child protective investigator (CPI) must complete a child protective 
investigation.
9
 Through face-to-face interviews with the child and family members, and 
assessments of the immediate safety of the children in the home, the CPI determines further 
actions. 
   
When a CPI determines that in-home services are not enough to ensure a child’s safety, the CPI 
must remove the child from the home and place him or her in a safe and appropriate temporary 
out-of-home placement.
10
 These placements are aimed to be the least restrictive, most family-like 
 
1
 See Chapter 39, F.S. 
2
 Id. 
3
 Hereinafter cited as “hotline.” The “Florida Abuse Hotline” is the DCF’s central abuse reporting intake assessment center, 
which receives, and processes reports of known or suspected child abuse, neglect or abandonment 24 hours a day, seven days 
a week. Chapter 65C-30.001, F.A.C. and Section 39.101, F.S.  
4
 Section 39.01(2), F.S. defines “abuse” as any willful act or threatened act that results in any physical, mental, or sexual 
abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly 
impaired. 
5
 Section 39.01(1), F.S. defines “abandoned” or “abandonment” as a situation in which the parent or legal custodian of a child 
or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the 
child’s care and maintenance or has made no significant contribution to the child’s care and maintenance or has failed to 
establish or maintain a substantial and positive relationship with the child, or both. “Establish or maintain a substantial and 
positive relationship” means, in part, frequent and regular contact with the child, and the exercise of parental rights and 
responsibilities. 
6
 Section 39.01(53), F.S. states “neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food, 
clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment 
causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly 
impaired, except when such circumstances are caused primarily by financial inability unless services have been offered and 
rejected by such person.  
7
 Section 39.201(1), F.S.  
8
 Section 39.101(1), F.S.  
9
 Prior to July 1, 2023, seven counties allowed the local sheriff’s office to perform child protective investigations. The 2023 
legislative session transitioned this responsibility fully back to the Department after changes in Florida’s child welfare system 
aimed to integrate child protective investigations within existing crisis-oriented systems the DCF maintains. See generally: 
Laws of Fla. 2023-77.  
10
 Section 39.4021, F.S.   BILL: CS/CS/SB 1174   	Page 3 
 
placements available.
11
 The DCF is required to consider a child’s placement in the following 
priority order:
12
  
• Nonoffending parent.  
• Relative caregiver.  
• Adoptive parent of the child’s sibling, when the DCF or CBC lead agency is aware of such 
sibling.  
• Fictive kin with a close existing relationship to the child.  
• Nonrelative caregiver that does not have an existing relationship with the child.  
• Licensed foster care.  
• Group or congregate care.  
 
If a child is removed from his or her home and placed in a family foster home, those foster 
parents become a critical place in a child’s support network, ensuring their needs are met while 
in out-of-home placement and contributing to the potential reunification of the child with his or 
her biological family or some other permanency arrangement that is in the best interests of that 
child.
13
  
 
Licensure of Family Foster Homes 
Section 409.175, F.S. establishes the licensing requirements for family foster homes,
14
 residential 
child-caring agencies,
15
 and child-placing agencies,
16
 with the purpose of protecting the health, 
safety, and well-being of children in such care.
17
 Under existing law, family foster home licenses 
are issued for a specific person or agency at a specific location.
18
  
 
Once issued, a family foster home license is non-transferable.
19
  
 
 
11
 Section 39.4021, F.S.  
12
 Id. 
13
 See the Department of Children and Families, Foster Care Overview, available at:  
https://www.myflfamilies.com/services/child-family-services/foster-care/overview (last visited Mar. 6, 2025) 
14
 Section 409.175(2)(e), F.S.; defined as a residence licensed by the department in which children who are unattended by a 
parent or legal guardian are provided 24-hour care. The term does not include an adoptive home that has been approved by 
the department or approved by a licensed child-placing agency for children placed for adoption. 
15
 Section 409.175(2)(l), F.S.; defined as any person, corporation, or agency, public or private, other than the child's parent or 
legal guardian, that provides staffed 24-hour care for children in facilities maintained for that purpose, regardless of whether 
operated for profit or whether a fee is charged. Such residential child-caring agencies include, but are not limited to, 
maternity homes, runaway shelters, group homes that are administered by an agency, emergency shelters that are not in 
private residences, and wilderness camps. Residential child-caring agencies do not include hospitals, boarding schools, 
summer or recreation camps, nursing homes, or facilities operated by a governmental agency for the training, treatment, or 
secure care of delinquent youth, or facilities licensed under s. 393.067 or s. 394.875 or chapter 397. 
16
 Section 409.175(2)(d), F.S.; defined as any person, corporation, or agency, public or private, other than the parent or legal 
guardian of the child or an intermediary acting pursuant to chapter 63, that receives a child for placement and places or 
arranges for the placement of a child in a family foster home, residential child-caring agency, or adoptive home. 
17
 Section 409.175(1)(a), F.S. 
18
 See generally, s. 409.175, F.S. 
19
 Section 409.175(6)(i), F.S.  BILL: CS/CS/SB 1174   	Page 4 
 
If a foster parent relocates, they are required to contact the DCF and their supervising agency in 
writing no less than 30 calendar days prior to the expected date of relocation.
20
 Upon relocation, 
if relocating within the same region, the following is required of the foster parent:
21
 
• New “Application for License to Provide Out-of-Home Care for Dependent Children;” 
• New unified home study for the new location; 
• Satisfactory environmental health inspection of the new residence; 
• Disaster plan; and 
• Home emergency evacuation plan. 
 
If the foster parent is relocating between DCF regions, they must notify their supervising agency 
at least 30 days prior to the move. The coordination and responsibility for ensuring the transition 
of the license between regions is:
22
 
• The supervising agency must assist the foster parent in finding a supervising agency in the 
new region. 
• The CBC lead agency and supervising agency must work in partnership to secure a 
commitment from the new supervising agency to complete the requirements for licensing the 
new home. 
• The new supervising agency must contact the foster parent within five business days of 
notification of the relocation to begin the licensing process. 
• The DCF regional licensing office in the new region must request any additional 
documentation required to ensure that all minimum standards are met within 10 business 
days of receipt of the application file, and if no additional information is required, the new 
license shall be issued within 10 business days. 
 
Federal Law 
Title IV-E of the Social Security Act
23
 mandates that all children in foster care are placed in safe 
and appropriate environments and that the child’s health and safety shall be the paramount 
concern.
24
 Furthermore, federal law mandates that the state is responsible for establishing and 
maintaining standards for foster family homes, including standards related to safety and 
sanitation.
25
 State Title IV-E child welfare agencies ensure safe and appropriate environments by 
performing home studies to check the criminal backgrounds of the people and physical 
environments of the homes in which they place children.
26
 Florida’s approved federal Title IV-E 
state plan details how Florida meets the health and safety requirements of federal law, and this 
includes a unified home study of both foster and potential adoptive homes.
27
 
 
20
 Rule 65C-45.009(7), F.A.C. 
21
 Id. 
22
 Rule 65C-45.009(7), F.A.C. 
23
 Title IV-E of the Social Security Act authorizes the federal-state Foster Care, Prevention, and Permanency program. Under 
this program states are entitled to federal reimbursement for a part of the cost of providing foster care to children who, 
typically, due to abuse or neglect in their own homes, are removed from that home and placed in foster care. 
24
 42 U.S. Code § 671; 45 CFR 1356.21(b) 
25
 42 U.S.C. 671(a)(10); 42 U.S. Code § 672 
26
 See generally, Children’s Bureau, Home Study Requirements for Prospective Foster Parents, available at 
https://www.childwelfare.gov/resources/home-study-requirements-prospective-foster-parents/ (last visited Mar. 8, 2025). 
27
 See Generally, Agency Plan for Title IV-E of the Social Security Act, Foster Care and Adoption Assistance, State of 
Florida, available at https://www.myflfamilies.com/sites/default/files/2023-05/TitleIVEStatePlan-Approved01032020.pdf 
(last visited on Mar. 8, 2025); Child and Family Services Plan, 2025-2029, Department of Children and Families, available at  BILL: CS/CS/SB 1174   	Page 5 
 
 
The DCF reports that without this home study of the physical location, the state could lose 
federal Title IV-E funding for foster care.
28
 
 
III. Effect of Proposed Changes: 
The bill amends s. 409.175, F.S., to require the Department of Children and Families to adopt 
rules to streamline the licensure application process for a family foster parent who is in good 
standing and relocates within Florida. At a minimum, these rules must include the priority review 
of foster care applications, expedited home studies and background checks, and recognition of 
prior foster parent training coursework. 
 
The bill takes effect October 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
 
https://www.myflfamilies.com/sites/default/files/2025-01/Child%20and%20Family%20Services%20Plan%202025-2029.pdf 
(last visited Mar. 9, 2025). 
28
 Department of Children and Families, 2025 Agency Analysis, pg.2 (on file with the Children, Families, and Elder Affairs 
Committee). 
28
 Id.  BILL: CS/CS/SB 1174   	Page 6 
 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill has no fiscal impact on state expenditures or revenues. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill amends s. 409.175 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Appropriations Committee on Health and Human Services on April 10, 
2025: 
The committee substitute: 
• Clarifies that the Department of Children and Families (DCF) must adopt rules to 
streamline and prioritize the licensure application process for licensed foster parents 
who relocate within the state, including the priority review of foster care applications, 
expedited home studies and background checks, and recognition of prior foster parent 
training coursework. 
CS by Children, Families, and Elder Affairs on March 12, 2025: 
The CS makes the following changes:  
• Reinserts language into statute keeping licenses nontransferable. 
• Requires the DCF to adopt rules to ensure that a licensee that relocates can amend his 
or her current license without submitting a new application and that the licensure 
amendment process receives priority. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.