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 Committee on Fiscal Policy
BILL: CS/CS/CS/SB 1626
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Health and Human Services;
Children, Families, and Elder Affairs Committee; and Senator Grall
SUBJECT: Child Welfare
DATE: April 3, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Fav/CS
2. Sneed McKnight AHS Fav/CS
3. Rao Siples FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1626 creates a new section of law to require the Department of Children and
Families (DCF) to enter into agreements with the federal Family Advocacy Program to conduct
child protective investigations at military institutions located in Florida.
The bill amends current law to include children that are the subject of a court order to take the
child into the custody of the DCF in the definition of “missing child,” allowing the Florida
Department of Law Enforcement to deploy additional resources to locate the child. The bill also
assigns agency jurisdictions in situations in which a child is the subject of a court order to take
the child into custody of the DCF.
The bill requires the DCF to adopt rules that allow caretakers to schedule and facilitate medical
appointments to ensure the continuity of psychotropic medication prescriptions.
The bill allows the DCF to administer provisional licenses for new domestic violence centers and
waive operational experience requirements if there is an emergency need for a new domestic
violence center and no other viable option is available.
The bill revises the requirements for Governor’s appointees to councils on children services.
REVISED: BILL: CS/CS/CS/SB 1626 Page 2
The bill grants the DCF the ability to grant limited exemptions to disqualification from
background screenings due to certain disqualifying offenses, and limits individuals who receive
the exemption to working with specific populations.
The bill increases the licensure extension period for certain child care facilities from 30 days to
90 days. The bill requires the DCF to establish a methodology for determining daily room and
board rates for residential child-caring agencies.
The bill exempts a subcontractor of a Community-Based Care (CBC) lead agency that is a direct
provider of foster care and related services from liability due to the acts or omissions of the lead
agency; the DCF; or the officers of the lead agency or the DCF. The bill deems any conflicting
provision in a contract between a subcontractor and lead agency is void and unenforceable.
The bill clarifies fire suppression requirements for child-caring agencies.
The bill has no fiscal impact on state expenditures or revenues. See Section V., Fiscal Impact
Statement.
The bill takes effect July 1, 2025, except as otherwise stated in the bill.
II. Present Situation:
The present situation is presented in Section III under the Effect of Proposed Changes.
III. Effect of Proposed Changes:
Background
The Dependency System Process
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
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 lead
agencies (CBCs) work with those families to address the problems endangering children, if
possible. If the problems cannot be addressed, the child welfare system finds safe out-of-home
placements for these children.
1
1
See, Chapter 39, F.S. BILL: CS/CS/CS/SB 1626 Page 3
Central Abuse Hotline
The DCF is required to operate and maintain a central abuse hotline (hotline)
2
to receive reports
of known or suspected instances of child abuse,
3
abandonment,
4
or neglect,
5
or instances when a
child does not have a parent, legal custodian, or adult relative available to provide supervision
and care.
6
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.
7
Child Protective Investigations
If the hotline determines a report meets the statutory criteria for child abuse, abandonment, or
neglect, a DCF child protective investigator must complete a child protective investigation.
8
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. The CPI must
either implement a safety plan for the child, which allows the child to remain in the home with
in-home services or take the child into custody. If the child cannot safely remain in the home
with a safety plan, the DCF must file a shelter petition and remove the child from his or her
current home and temporarily place them in out-of-home care.
9
When child welfare necessitates that the DCF remove a child from the home to ensure his or her
safety, a series of dependency court proceedings must occur to place that child in an out-of-home
placement, adjudicate the child dependent, and if necessary, terminate parental rights and free the
child for adoption. Steps in the dependency process usually include:
• A report to the Florida Abuse Hotline.
• A child protective investigation to determine the safety of the child.
• The court finding the child dependent.
• Case planning for the parents to address the problems resulting in the child’s dependency.
2
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.
3
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.
4
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.
5
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.
6
Section 39.201(1), F.S.
7
Section 39.101(1), F.S.
8
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.
9
Section 39.301, F.S. BILL: CS/CS/CS/SB 1626 Page 4
• Placement in out-of-home care, if necessary.
• Reunification with the child’s parent or another option to establish permanency, such as
adoption after termination of parental rights.
10
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Removal
The DCF may remove a child from his or her home if there is
probable cause to believe the child has been abused,
neglected, or abandoned, or that the parent or legal custodian
of the child is unable or unavailable to care for the child.
s. 39.401, F.S.
Shelter Hearing
The court must hold a shelter hearing within 24 hours after
removal. At this hearing, the judge determines whether the
child can return to his or her home upon receiving DCF
services, or keep the child in out-of-home care if services do
not eliminate the need for removal.
s. 39.401, F.S.
s. 39.402, F.S.
Petition for
Dependency
The DCF must file a petition for dependency within 21 days of
the shelter hearing. This petition seeks to find the child
dependent, generally meaning the child has been abandoned,
abused, or neglected by his or her parent’s or legal
custodians, or has no parent or legal custodian that can
provide supervision or care.
s. 39.501, F.S.
s. 39.01, F.S.
Arraignment Hearing
and Shelter Review
The court must hold an arraignment and shelter review within
28 days of the shelter hearing. The hearing allows the parent
to admit, deny, or consent to the allegations within the
petition for dependency and allows the court to review any
previous shelter placement.
s. 39.506, F.S.
Adjudicatory Trial
If the parent or legal custodian denies any allegations of the
petition during the arraignment hearing, the court must hold
an adjudicatory trial within 30 days of arraignment. The judge
determines whether a child is dependent during this trial.
s. 39.507, F.S.
Disposition Hearing
If, at the arraignment hearing, the parent or legal custodian
consents to any allegations of the dependency petition, the
court must hold a disposition hearing within 15 days of
arraignment. If, at the adjudicatory trial, the court finds the
child dependent, the disposition hearing must be held within
30 days after the adjudicatory hearing. At the disposition
hearing, the judge reviews the case plan and placement of the
child and orders if the current case plan and placement should
continue or be changed.
s. 39.506, F.S.
s. 39.521, F.S.
Postdisposition
Change of Custody
Hearing
The court may change the temporary out-of-home placement
of a child at a postdisposition hearing any time after
disposition but before the child is residing in the permanent
placement approved at a permanency hearing. The DCF or the
current caregiver can file for this postdisposition change of
custody.
s. 39.522, F.S.
10
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in
preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. See
Section 63.022, F.S. BILL: CS/CS/CS/SB 1626 Page 5
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Judicial Review
Hearings
After the initial judicial review hearing held within 90 days of
the disposition hearing or approval of the case plan, the court
must hold additional hearings to review the child’s case plan
and placement at least every 6 months, or upon motion of a
party.
s. 39.701, F.S.
Permanency
Hearings
The courts are required to conduct a permanency hearing
within 12 months after a child is removed from his or her
home. At this hearing, the judge will evaluate the progress of
achieving the permanency goal, and determine if another
permanency option needs to be pursued.
s. 39.621, F.S
Petition for
Termination of
Parental Rights
If the DCF determines that reunification is no longer a viable
goal and termination of parental rights is in the best interest
of the child, and other requirements are met, a petition for
termination of parental rights is filed. The DCF, the child’s
Guardian ad Litem, and any person knowledgeable about the
facts of the case is able to file this petition.
s. 39.802, F.S.
s. 39.8055, F.S.
s. 39.806, F.S.
s. 39.810, F.S.
Advisory Hearing
The court must hold an advisory hearing as soon as possible
after all parties have been served with the petition for
termination of parental rights. The hearing allows the parent
to admit, deny, or consent to the allegations within the
petition for termination of parental rights.
s. 39.808, F.S.
Adjudicatory
Hearing
The court must hold an adjudicatory trial within 45 days after
the advisory hearing. The judge determines whether to
terminate parental rights to the child at this trial.
s. 39.809, F.S.
A child is found to be dependent if he or she is found by the court to be:
• Abandoned, abused, or neglected by the child’s parent or parents or legal custodians;
• Surrendered to the DCF, the former Department of Health and Rehabilitative Services, or a
licensed child-placing agency for purpose of adoption;
• Voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an
adult relative, the DCF, or the former Department of Health and Rehabilitative Services, after
which placement, under the requirements of this chapter, a case plan has expired and the
parent or parents or legal custodians have failed to substantially comply with the
requirements of the plan;
• Without a parent or legal custodian capable of providing supervision and care;
• At substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or
legal custodians; or
• Sexually exploited and to have no parent, legal custodian, or responsible adult relative
currently known and capable of providing the necessary and appropriate supervision and
care.
11
A petition for dependency may be filed by an attorney for the DCF or another person who has
knowledge of the facts alleged or is informed of them and believes they are true.
12
At an
11
Section 39.01(15), F.S.
12
Section 39.501, F.S. BILL: CS/CS/CS/SB 1626 Page 6
adjudicatory hearing, a judge will determine whether or not the facts support the allegations
stated in the petition for dependency.
13
A preponderance of evidence in the petition for
dependency is required to establish the child as dependent.
14
Child Protective Investigations on Military Installations
Present Situation
Federal Consultations with States
Federal law requires the states to report information regarding the abuse of a child at the hands of
a family member that is in the U.S. military.
15
The states have memorandums of understanding
(MOUs) to create precedence of information sharing.
16
Family Advocacy Program
Family Advocacy Programs (FAP) are congressionally mandated programs that aim to prevent
and respond to reports of child abuse in military families.
17
They are located at every military
installation that houses families, both within and outside the United States.
18
In Federal Fiscal Year (FFY) 2023, FAP received 11,854 reports of suspected child abuse and
neglect.
19
Of the total reports, 5,812 reports met the criteria for child abuse and neglect.
20
Upon a
substantiated claim of child abuse in a military family, FAP staff will ensure the child’s safety
and well-being as well as notify the necessary law enforcement and child welfare services.
21
Effect of Proposed Changes
Section 1 creates s. 39.3011, F.S., to require the DCF to enter into an agreement for child
protective investigations within U.S. military installations. This change codifies current practice
in Florida. The bill requires the DCF to enter into an agreement with the Family Advocacy
Program, or any successor program, for each military institution located in Florida.
13
Section 39.01(4), F.S.
14
Section 39.507, F.S.
15
10 U.S.C. Ch. 88
16
Florida Department of Children and Families, 2025 Agency Analysis, pg. 9, on file with the Senate Committee on Children,
Families, and Elder Affairs.
17
U.S. Department of Defense, Family Advocacy Program: Addressing Domestic Abuse, available at:
https://dacowits.defense.gov/Portals/48/Documents/General%20Documents/RFI%20Docs/Sept2019/FAP%20RFI%208.pdf
(last visited 3/9/25).
18
U.S. Department of Defense, Family Advocacy Program: Addressing Domestic Abuse, available at:
https://dacowits.defense.gov/Portals/48/Documents/General%20Documents/RFI%20Docs/Sept2019/FAP%20RFI%208.pdf
(last visited 3/9/25).
19
U.S. Department of Defense, Report to the Committees on Armed Services of the Senate and the House of Representatives,
Report on Child Abuse and Neglect and Domestic Abuse in the Military for FFY 2023, available at:
https://download.militaryonesource.mil/12038/MOS/Reports/DOD-Child-Abuse-and-Neglect-and-Domestic-Abuse-Report-
FY2023.pdf (last visited 3/9/25).
20
Id.
21
U.S. Department of Defense Military One Source, How to Report Child Abuse or Neglect in the Military, available at:
https://www.militaryonesource.mil/relationships/prevent-violence-abuse/how-to-report-child-abuse-as-a-member-of-the-
military/ (last visited 3/9/25). BILL: CS/CS/CS/SB 1626 Page 7
The bill requires each agreement to include procedures for the following:
• Identifying the military personnel alleged to have committed the child abuse, abandonment,
or neglect.
• Notifying and sharing information with the military installation when a child protective
investigation implicating military personnel has been initiated.
• Maintaining confidentiality as required under state and federal law.
Taking a Child Alleged to be Dependent into Custody
Present Situation
A law enforcement officer or authorized agent of the DCF may take a child alleged to be
dependent into custody if the officer or authorized agent has probable cause to support a
finding
22
:
• That the child has been abused, neglected, or abandoned, or is suffering from, or is in
imminent danger of, illness or injury as a result of abuse, neglect, or abandonment;
• That the parent or legal custodian of the child has materially violated a condition of
placement imposed by the court; or
• That the child has no parent, legal custodian, or responsible adult relative immediately
known and available to provide supervision and care.
The court may also issue an order to take a child into custody of the DCF upon a demonstration
of reasonable cause that a child is abused, abandoned, or neglected.
23
This may happen upon the
DCF’s determination that an investigation into the allegations of abuse or neglect are founded,
but the parent makes the child unavailable to the DCF.
24
A dependency judge may also issue an order for a law enforcement officer or authorized agent to
take the child into the custody of the DCF if a parent violates an existing custody or visitation
court order.
25
These orders are often referred to as Take Into Custody Orders (TICO) and allow
law enforcement to assist the DCF in executing the court order.
Effect of Proposed Changes
Section 2 amends s. 39.401, F.S., to clarify when a law enforcement officer or authorized agent
of the DCF can take a child into custody of the DCF. The bill allows the officer or authorized
agent to take a child into DCF custody if there is probable cause to support a finding that the
child is the subject of a court order to take the child into custody of the DCF.
Section 12 amends s. 937.0201, F.S., to include children that are the subject of a court order to
take the child into custody of the DCF in the definition of “missing child.” This change expands
the resources available to find a child that the DCF cannot locate, by requiring the Florida
Department of Law Enforcement to deploy its resources to locate the child, such as an Amber
Alert.
22
Section 39.401, F.S.
23
Florida Department of Children and Families, 2025 Agency Analysis, pg. 5, on file with the Senate Committee on Children,
Families, and Elder Affairs.
24
Id.
25
Id. BILL: CS/CS/CS/SB 1626 Page 8
Section 13 amends s. 937.021, F.S., to assign agency jurisdiction in situations in which a child is
the subject of a court order to take the child into the custody of the DCF and jurisdiction cannot
be determined. The bill requires the sheriff’s office of the county in which the court order was
entered to take jurisdiction.
Psychotropic Medications for Children in the Child Welfare System
Present Situation
Psychotropic medication refers to any medication prescribed with the intent to stabilize or
improve mood, mental status, behavioral symptomatology, or mental illness and substances that
may be prescribed to treat other medical conditions, but alter brain chemistry.
26
The following
medications are considered psychotropic medications:
27
• Antipsychotics;
• Antidepressants;
• Sedative Hypnotics;
• Lithium;
• Stimulants;
• Non-stimulant Attention Deficit Hyperactivity Disorder medication;
• Anti-dementia medications and cognitions enhances; and
• Anticonvulsants.
In the early 2000s, reports began to circulate that children in the child welfare system were being
prescribed psychotropic medications at a disproportionate rate when compared to children not in
the child welfare system.
28
Thus, states examined the procedures for prescribing children
psychotropic medication while in out-of-home care.
In 2005, the Florida Legislature created statutory procedures that allowed the DCF to provide
children with psychotropic medications.
29
The Legislature created different sets of procedures for
initiating psychotropic medication for children that were not taking psychotropic medication at
the time of removal, and children that had a current prescription for psychotropic medication at
the time of removal.
30
As of March 27, 2025, there were 2,387 children in out-of-home care that had one or more
current prescriptions for psychotropic medication.
31
26
65C-35.001, F.A.C.
27
Id.
28
National Library of Medicine, State Variation in Psychotropic Medication Use by Foster Care Children with Autism
Spectrum Disorder, doi: 10.1542/peds.2008-3713 (last visited 4/3/25).
29
Chapter 2005-65, L.O.F.
30
Chapter 2005-65, L.O.F.
31
Florida Department of Children and Families, Psychotropic Medications Report for Children in Out-of-Home Care with
One or More Current Prescriptions for a Psychotropic Medication, available at:
https://www.myflfamilies.com/sites/default/files/2025-04/MedsReport%202025-03-28.pdf (last visited 4/3/25). BILL: CS/CS/CS/SB 1626 Page 9
Initiating the Prescription of Psychotropic Medications to a Child in Out-of-Home Care
When a CPI takes a child into the custody of the DCF, the CPI is required to ascertain if the child
is taking psychotropic medications.
32
If the child is not currently on psychotropic medication but
an assessment of the child determines the need for such medication, a prescribing physician or
psychiatric nurse
33
may prescribe the child psychotropic medications, providing certain
conditions are met.
34
The physician or psychiatric nurse is required to consider alternate
treatment interventions and assess the child’s prior health conditions to determine if the
prescription of psychotropic medication is an appropriate treatment.
35
Additionally, the
prescribing physician or psychiatric nurse must attempt to obtain express and informed consent
36
from the child’s parent or legal guardian before prescribing the psychotropic medication.
37
Child
protective staff and the prescribing physician or psychiatric nurse are required make efforts to
involve the parents, legal guardians, the child, and the child’s caregiver in out-of-home
placement during the treatment of the child.
38
The DCF may seek court authorization to provide psychotropic medications to a child if the
parental rights of the parent have been terminated, the parent’s location or identity is unknown
and cannot be reasonably ascertained, or the parent declines to give express and informed
consent.
39
Continuity of Psychotropic Medication Prescription
If a child taken into the custody of the DCF is currently taking psychotropic medications, the CPI
is required to determine the following:
40
• The purpose of the medication;
• The name and phone number of the prescribing physician or psychiatric nurse;
• The dosage;
• Instructions regarding administration (e.g., timing, whether to administer with food); and
• Any other relevant information.
Florida law details the process that the DCF must take to obtain authorization to continue the
provision of psychotropic medications to a child removed from his or her home.
41
Additionally,
once the DCF has obtained this authorization, the DCF has administrative rules to ensure that
32
65C-35.006, F.A.C.
33
For use in this section, a “psychiatric nurse” uses the definition in s. 394.455, F.S. to refer to an advanced practice
registered nurse licensed under s. 464.012, F.S. who has a master’s or doctoral degree in psychiatric nursing and holds a
national advanced practice certification as a psychiatric mental health advanced practice nurse, and has 1 year of post-
master’s clinical experience under the supervision of a physician.
34
65C-35.002, F.A.C. and 65C-35.006, F.A.C.
35
65C-35.002, F.A.C.
36
Express and informed consent refers to consent voluntarily given in writing, by a competent person, after sufficient
explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision
without any element of force, fraud, deceit, duress, or other form of constraint or coercion. See Section 394.455(16), F.S.
37
Section 39.407, F.S.
38
65C-35.003-65C-35.005, F.A.C. See also Section 409.407(3)(a)1., F.S.
39
Section 39.407(3)(a)1., F.S.
40
65C-35.006, F.A.C.
41
Section 39.407(3), F.S. BILL: CS/CS/CS/SB 1626 Page 10
children receive timely access to clinically appropriate psychotropic medications.
42
Current law
requires these rules to include, but need not be limited to, the following:
43
• The process for determining which adjunctive services are needed;
• The uniform process for facilitating the prescribing physician’s or psychiatric nurse’s ability
to obtain the express and informed consent of a child’s parent or guardian;
• The procedures for obtaining court authorization for the provision of a psychotropic
medication;
• The frequency of medical monitoring and reporting on the status of the child to the court;
• How the child’s parents will be involved in the treatment-planning process if their parental
rights have not been terminated;
• How caretakers are to be provided information contained in the physician’s or psychiatric
nurse’s signed medical report; and
• Uniform forms to be used in requesting court authorization for the use of a psychotropic
medication and provide for the integration of each child’s treatment plan and case plan.
Effect of the Proposed Changes
Section 3 of the bill amends s. 39.407, F.S. to require the DCF to adopt rules that include
procedures to allow caretakers to schedule and facilitate medical appointments to ensure the
timely access to and the management of existing psychotropic medication prescriptions.
The bill uses the term “caretaker” to refer to a person or entity in physical custody of a child
placed pursuant to s. 39.401, F.S., including a representative of a licensed child-caring agency or
emergency shelter.
Domestic Violence Centers
Present Situation
Florida law recognizes the importance of providing victims of domestic violence and their
dependents access to safe emergency shelters, advocacy, and crisis intervention services.
44
The
DCF is responsible for operating the state’s domestic violence program, which includes the
certification of domestic violence centers and promoting the involvement of domestic violence
centers in the coordination, development, and planning of domestic violence programming
throughout the state.
45
Domestic violence centers must provide minimum services that include, but are not limited to:
• Information and referral services.
• Counseling and case management services.
• Temporary emergency shelter for more than 24 hours.
• A 24-hour hotline.
• Nonresidential outreach services.
42
Section 39.407(3)(g), F.S.
43
Id.
44
Section 39.901, F.S.
45
Section 39.903, F.S. BILL: CS/CS/CS/SB 1626 Page 11
• Training for law enforcement personnel.
• Assessment and appropriate referral of resident children.
• Educational services for community awareness relating to the prevention of domestic
violence, and the services available to victims of domestic violence.
46
The DCF sets certification standards for domestic violence shelters in administrative rule. A
domestic violence center must:
• Be a not-for-profit corporation created for the purpose of operating a domestic violence
center with a primary mission of the provision of services to victims of domestic violence.
• Demonstrate the unmet need in a service area when seeking certification within the service
area of an existing certified center.
• Must have 18 consecutive months of operational experience, with 12 months operation as an
emergency shelter.
• Must demonstrate an ability to operate, garner community support, and maintain solvency by
providing proof of required safety and financial standards.
47
There are currently 41 certified domestic violence centers throughout Florida.
48
Certification
allows a domestic violence shelter to receive state funds
49
, if applicable, and utilize victim
advocates who can provide advice, counseling, or assistance to victims of domestic violence
under the confidential communication protections of current law.
50
In FY 2023-24, there were 12,543 individuals that received emergency shelter at a certified
domestic violence center.
51
However, individuals may experience a disruption in service delivery
if a domestic violence center abruptly shuts down or loses certification and there is no other
domestic violence center in that service area. Current law would restrict the ability of a new
domestic violence center to open in that area, due to the required 18 months of operational
experience.
Effect of Proposed Changes
Section 4 amends s. 39.905, F.S., to allow the DCF to waive operational experience
requirements and issue a provisional certification for a new domestic violence center to ensure
the provision of services. The bill allows the DCF to issue a provisional certification if there is an
emergency need for a new domestic violence center, and there are no other viable options to
ensure continuity of services.
The domestic violence center that receives a provisional certification under this section must
meet all other criteria, except operational experience, that are required by law.
46
Section 39.905, F.S.
47
65H-1.012, F.A.C.
48
Florida Department of Children and Families, 2025 Agency Analysis, pg. 6, on file with the Senate Committee on Children,
Families, and Elder Affairs.
49
Section 39.903, F.S.
50
Section 90.5036, F.S.
51
Florida Department of Children and Families, 2025 Agency Analysis, pg. 6, on file with the Senate Committee on Children,
Families, and Elder Affairs. BILL: CS/CS/CS/SB 1626 Page 12
The bill gives the DCF rulemaking authority to provide minimum standards for a provisional
certificate, including increased monitoring and site visits, and the length of time a provisional
certificate is valid.
Council on Children Services
Present Situation
Counties can create independent special districts that provide funding for children’s services
throughout the county.
52
These councils may use property taxes to meet the needs of the children
and families living in their community.
53
The number of members of the council is either 10 or
33, depending on the county’s regulations.
54
The Governor is responsible for appointing either 5 members of the council (in a 10-person
council) or 7 members of the council (in a 33-person council).
55
Current law requires the
Governor’s appointees to represent the geographic and demographic diversity of the county’s
population, to the extent possible.
56
Currently, the following counties have created councils on children services
57
:
• Alachua;
• Broward;
• Escambia;
• Duval;
• Leon;
• Hillsborough;
• Manatee;
• Martin;
• Miami-Dade;
• Okeechobee;
• Palm Beach;
• Pinellas; and
• St. Lucie.
All the councils on children services, except for Duval and Manatee, have an “independent”
taxing authority to ensure that a dedicated funding source is available for children’s programs
and services.
58
Duval county is a dependent district and relies on funding from different sources,
and Manatee County has a hybrid system.
59
52
Section 125.901, F.S.
53
Florida Department of Children and Families, 2025 Agency Analysis, pg. 8, on file with the Senate Committee on Children,
Families, and Elder Affairs.
54
Section 125.901, F.S., and Section 125.011, F.S.
55
Section 125.901, F.S.
56
Section 125.901, F.S.
57
Florida Department of Children and Families, 2025 Agency Analysis, pg. 8, on file with the Senate Committee on Children,
Families, and Elder Affairs.
58
Id.
59
Id. BILL: CS/CS/CS/SB 1626 Page 13
Effect of Proposed Changes
Section 5 amends s. 125.901, F.S., to revise the requirements for the selection and removal of the
Governor’s appointees to the Councils on Children’s Services. Specifically, the bill:
• Changes the DCF employee who is responsible for being on the Council on Children’s
Services from the district administrator to a representative of the DCF.
• Revises the requirement for the Governor’s appointees to represent the demographic makeup
of the county’s population.
• Allows the county governing body to submit recommendations to the Governor for vacant
positions on the council.
• Allows the governing body to select an interim appointment for each vacant position from
the list of recommendations submitted to the Governor if the Governor fails to make an
appointment within the required 45-day period.
• Requires all members recommended by the county governing body and appointed by the
Governor to have been residents of the county for the previous 24-month period.
• Includes a designee of the county manager or equivalent county officer in the list of members
of a CSC with 33 members.
• Removes the ability of a member of a local alliance or coalition engaged in cross-system
planning for health and social service delivery in the county to be on a CSC that is composed
of 33 members.
• Increases the members-at-large that are appointed to the CSC by the majority of sitting
council members from four to five.
• Increases the length of terms that appointed CSC members can serve from 2-year terms to 3-
year terms.
Background Screening and Limited Exemptions
Present Situation
The DCF is responsible for the licensing and regulation of programs for children and vulnerable
adults.
60
A Level II background screening is included in the regulation process. This background
screening includes, but is not limited to
61
:
• Fingerprinting for statewide criminal history records checks through the Department of Law
Enforcement.
• National criminal history records checks through the Federal Bureau of Investigation.
• Local criminal history records checks may be included through local law enforcement
agencies.
In Fiscal Year 2023-24, the DCF screened 278,894 individuals for employment in child care
facilities, CBC agencies, foster families, group homes, summer camps, substance abuse
treatment facilities, and mental health treatment facilities.
62
60
Florida Department of Children and Families, Background Screening, available at:
https://www.myflfamilies.com/services/background-screening (last visited 3/9/25).
61
Section 435.04, F.S.
62
Florida Department of Children and Families, 2025 Agency Analysis, pg. 7, on file with the Senate Committee on Children,
Families, and Elder Affairs. BILL: CS/CS/CS/SB 1626 Page 14
Level II background screenings ensure an individual does not have any disqualifying offenses on
his or her record, such as burglary or the fraudulent sale of controlled substances.
63
A full list of
disqualifying offenses is included in statute.
64
An individual that has a disqualifying offense may apply for an exemption from disqualification
depending on their disqualifying offense.
65
The applicant must provide evidence of rehabilitation
from the circumstances of the disqualifying offense when seeking an exemption.
66
Florida law
lists certain offenses that may not be exempted from disqualification for individuals seeking to
be child care personnel.
67
In Fiscal Year 2023-24, the DCF received 1,544 requests for exemptions from disqualification
for individuals seeking employment with vulnerable populations.
68
There are different
qualifications for working with every population the DCF serves.
There is limited flexibility in granting exemptions from disqualification. Current law phrases
exemptions as all-or-nothing; meaning, the DCF Secretary must either reject the exemption all
together or allow the individual to work in all roles that work with a vulnerable population.
69
Current law does not allow the DCF Secretary to make exemptions with restrictions, such as
restricting an applicant to working with adult populations only.
70
Effect of Proposed Changes
Section 6 amends s. 402.305, F.S., to provide the DCF with more oversight of instances in which
an individual seeking employment as child care personnel can receive an exemption from a
background screening despite a disqualifying offense.
The bill allows the DCF to grant limited exemptions that authorize a person seeking employment
to work in a specified role or with a specified population, if the individual has a disqualifying
offense in his or her background screening.
Section 8 amends s. 409.175, F.S., to grant limited exemptions authorizing a person who wishes
to work in a family foster home, residential child-caring agency, and child-placing agency in a
specified role or with a specified population.
63
Section 435.04(2), F.S.
64
Id.
65
Section 435.07, F.S.
66
Florida Department of Children and Families, Apply for Exemption from Disqualification, available at:
https://www.myflfamilies.com/services/background-screening/apply-exemption-disqualification (last visited 3/9/25).
67
Section 435.07(2)(c), F.S.
68
Florida Department of Children and Families, 2025 Agency Analysis, pg. 7, on file with the Senate Committee on Children,
Families, and Elder Affairs.
69
Id.
70
Florida Department of Children and Families, 2025 Agency Analysis, pg. 7, on file with the Senate Committee on Children,
Families, and Elder Affairs. BILL: CS/CS/CS/SB 1626 Page 15
License Extensions
Present Situation
The DCF provides licensure for family foster homes, residential child-caring agencies, and child-
placing agencies.
71
There are different licensure requirements based on the levels of licensed care
associated with family foster homes, residential child-caring agencies, and child placing agencies
housed in administrative rule.
72
In Fiscal Year 2023-2024, the DCF licensed 9,316 child-caring
agencies and foster homes.
73
The DCF is not allowed to issue provisional licenses under federal
law for providers that fall into noncompliance.
74
To allow providers to come into compliance and
follow federal standards, the DCF has the ability to provide a one-time 30-day extension to the
provider.
75
The 30-day extension may not give the provider the adequate time needed to correct a
licensure violation regardless of the provider’s steps to correct the violation.
76
Effect of Proposed Changes
Section 8 amends s. 409.175, F.S., to extend the length of time the DCF can extend a license
expiration date for family foster homes, residential child-caring agencies, and child-placing
agencies from 30 days to 90 days. This change is intended to allow the provider enough time to
implement corrective measures that may be out of the provider’s control.
Community-Based Care Lead Agencies
Present Situation
The DCF contracts with Community-Based Care (CBC) lead agencies to administer a system of
care
77
to children and families that must focus on:
• Prevention of separation of children from their families;
• Intervention to allow children to remain safely in their own homes;
• Reunification of families who have had their children removed their care;
• Safety for children who are separated from their families;
• Promoting the well-being of children through emphasis on educational stability and timely
health care;
• Permanency, including providing adoption and postadoption services; and
• Transition to independence and self-sufficiency.
78
The CBCs must give priority to services that are evidence-based and trauma informed.
79
The
CBCs contract with a number of subcontractors for case management and direct care services to
71
Section 409.175, F.S.
72
Section 409.175(5), F.S.
73
Florida Department of Children and Families, 2025 Agency Analysis, pg. 7, on file with the Senate Committee on Children,
Families, and Elder Affairs.
74
Id.
75
Florida Department of Children and Families, 2025 Agency Analysis, pg. 7, on file with the Senate Committee on Children,
Families, and Elder Affairs.
76
Id.
77
Section 409.145(1), F.S.
78
Id. Also see generally s. 409.988, F.S.
79
Section 409.988(3), F.S. BILL: CS/CS/CS/SB 1626 Page 16
children and their families. There are 16 CBCs statewide, which together serve the state’s 20
judicial circuits.
80
Effect of Proposed Changes
Section 9 amends s. 409.993, F.S., to exempt subcontractors of CBC lead agencies that are a
direct provider of foster care and related services from liability for the actions or omissions of the
lead agency; the DCF or the officers, agents, or employees of the CBC lead agency or DCF. This
change will reduce subcontractor’s hesitancy to enter contracts with CBC lead agencies, as they
will not be held liable for the actions and omissions of the lead agency.
Group Care
Present Situation
Group homes are a part of the DCF’s licensed placement array for children in out-of-home care
and provide staffed 24-hour care for children under the licensure of the DCF.
81
Group homes
place a child in a single family or multi-family community with no greater than 14 children to
meet the physical, emotional, and social needs of the child.
82
The CBC lead agencies contract with group home providers and negotiate room and board rates
in the regions the CBC lead agencies serve.
83
This has led to a significant increase in the cost of
group homes and a wide variation in the room and board rates throughout the state. The
following chart shows that the cost of group care has risen in recent years, while the number of
children in group care has decreased.
84
Group Care Cost versus Group Care Placement
Total
Cost
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
Statewide $116,808,722 $118,243,424 $114,783,908 $126,063,837 $157,688,554 $174,223,084
Placement 6/30/19 6/30/20 6/30/21 6/30/22 6/30/23 6/30/24
Statewide 1,909 1,620 1,506 1,494 1,608 1,726
Effect of Proposed Changes
Section 7 amends s. 409.145, F.S., to require the DCF to establish a methodology to determine a
daily room and board rates for children in out-of-home care who are placed in a residential child-
caring agency. The bill requires the DCF to coordinate with its providers to develop a
methodology, which may produce different payment rates based on factors including, but not
80
The DCF, Lead Agency Information, available at: https://www.myflfamilies.com/services/child-family/child-and-family-
well-being/community-based-care/lead-agency-information (last visited 3/11/25).
81
Section 409.175, F.S.
82
65C-14.001, F.A.C.
83
Florida Department of Children and Families, 2025 Agency Analysis, pg. 8, on file with the Senate Committee on Children,
Families, and Elder Affairs.
84
Florida Department of Children and Families, 2025 Agency Analysis, pg. 8, on file with the Senate Committee on Children,
Families, and Elder Affairs. BILL: CS/CS/CS/SB 1626 Page 17
limited to, the acuity level of the child being placed and the geographic location of the residential
child-caring agency.
The bill provides the DCF rulemaking authority to implement this section.
Building Code Regulation for Child-Caring Agencies
Present Situation
Fire Prevention and Control
State law requires all municipalities, counties, and special districts with fire safety
responsibilities to enforce the Fire Code as the minimum fire prevention code to operate
uniformly among local governments and in conjunction with the Building Code. Each county,
municipality, and special district with fire safety enforcement responsibilities must employ or
contract with a fire safety inspector (certified by the State Fire Marshal) to conduct all fire safety
inspections required by law.
85
A “fire protection system” is a system individually designed to protect the interior or exterior of
a specific building or buildings, structure, or other special hazard from fire. A fire protection
system includes, but is not limited to:
86
• Water sprinkler systems;
• Water spray systems;
• Foam-water sprinkler systems;
• Foam-water spray systems;
• Carbon dioxide systems;
• Foam extinguishing systems;
• Dry chemical systems; and
• Halon and other chemical systems used for fire protection use.
Fire protection systems also include any tanks and pumps connected to fire sprinkler systems,
overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses
connected to sprinkler systems, sprinkler tank heaters, air lines, and thermal systems used in
connection with fire sprinkler systems.
87
Fire protection systems must be installed in accordance with the Fire Code and the Building
Code. Current law requires local governments to enforce the Fire Code and the Building Code
including the permitting, inspecting, and approving the installation of a fire protection system.
88
Owners of fire protection systems must contract with a certified fire protection system contractor
to regularly inspect such systems.
89
85
Section 633.202, F.S.
86
Section 633.102(11), F.S.
87
Section 633.102(11), F.S.
88
See generally chs. 553 and 633, F.S.; Florida Fire Prevention Code 8
th
Edition (NFPA Standard 1), available at florida-fire-
prevention-code-8th-edition-nfpa-101-fl-sp.pdf (last visited Mar. 4, 2025).
89
Section 633.312, F.S. BILL: CS/CS/CS/SB 1626 Page 18
The Division of the State Fire Marshal follows the standards of the National Fire Protection
Association to create fire safety standards with respect to residential child care facilities that
provide full-time residence to five or fewer children.
90
The DCF has reported there to be
disagreement in the intended purpose of this rule, which has caused some group homes to
purchase costly fire suppression systems when one was not required.
91
Effect of Proposed Changes
Section 10 amends s. 553.73, F.S., to prohibit the Florida Building Commission from mandating
the installation of fire sprinklers or a fire suppression system in a residential child-caring agency
licensed by the DCF which operates in a single-family residential property that is licensed for a
capacity of five or fewer children who are unrelated to the licensee.
Section 11 amends s. 633.208, F.S., to prohibit the fire marshal from requiring a residential
child-caring agency licensed by the DCF which operates in a single-family residential property
that is licensed for a capacity of five or fewer children who are unrelated to the licensee from
installing fire sprinklers or a fire suppression system. This prohibition is contingent upon the
licensee meeting the requirements for portable fire extinguishers, fire alarms, and smoke
detectors.
Other
Sections 14, 15, and 16 of the bill make conforming cross-reference changes to align statute
with the substantive changes in the bill.
Section 17 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not require cities and counties to expend funds or limit their authority to
raise revenue or receive state-shared revenues as specified by Article VII, s. 18, of the
State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
90
69A-41.007, F.A.C. and 69A-41.101, F.A.C.
91
Florida Department of Children and Families, 2025 Agency Analysis, pg. 9, on file with the Senate Committee on Children,
Families, and Elder Affairs. BILL: CS/CS/CS/SB 1626 Page 19
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill has no identified fiscal impact on state expenditures or revenues.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 39.401, 39.407
39.905, 125.901, 402.305, 402.30501, 409.145, 409.175, 409.993, 553.73, 633.208, 937.0201,
937.021, 1002.57, and 1002.59.
This bill creates the following sections of the Florida Statutes: 39.3011.
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/CS by Fiscal Policy on April 2, 2025:
The committee substitute:
• Changes the membership requirements for certain Children’s Services Councils
(CSC).
o Allows a designee of the county manager or equivalent county officer to serve as
a CSC council member and removes the requirement of specific members of a
local alliance or coalition from serving as a CSC member.
o Increases the members-at-large that are appointed to the CSC by the majority of
sitting council members from four to five members.
o Increases the length of an appointed CSC member’s term from 2-years to 3-years. BILL: CS/CS/CS/SB 1626 Page 20
• Requires the DCF to adopt administrative rules that include procedures to allow
caretakers to schedule and facilitate medical appointments to ensure timely access to
and the management of existing psychotropic medication prescriptions.
CS/CS by Appropriations Committee on Health and Human Services on March 26,
2025:
The committee substitute:
• Removes language related to unaccompanied alien children (UAC) and special
immigrant juvenile status (SIJ). Specifically, the amendment
o Deletes sections 1, 2, and 6, related to the creation and implementation of a UAC
reporting system; and
o Deletes section 5 related to the filing of petitions in dependency court seeking SIJ
status.
• Requires the DCF to establish a methodology to determine daily room and board rates
rather than establishing a fee schedule.
CS by Children, Families, and Elder Affairs on March 12, 2025:
The committee substitute:
• Removes section of the original bill language related to the false reporting of child
abuse, abandonment, and neglect, and the civil lawsuit a person who had a false
report filed against them may file against the false reporter.
• Updates language surrounding the appointments to Councils on Children’s Services
including:
o Changes the DCF employee who is responsible for being on the Council on
Children’s Services from the district administrator to a representative of the DCF.
o Allows the governing body to select an interim appointment for each vacant
position from the list of recommendations submitted to the Governor if the
Governor fails to make an appointment within the required 45-day period.
o Requires all members recommended by the county governing body and appointed
by the Governor to have been residents of the county for the previous 24-month
period.
• Provides that a subcontractor of a CBC lead agency is not liable for the acts or
omissions of a lead agency; the DCF; or the officers, agents, employees of a lead
agency or the DCF. Provides that any contractual provision in conflict with this
requirement is void and unenforceable.
• Removes section of the original bill related to zoning requirements for community
residential homes.
• Revises the changes made to take into custody orders by removing the provision
related to “reasonable force.”
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.