Bill Text: FL S0096 | 2021 | Regular Session | Enrolled


Bill Title: Child Welfare

Spectrum: Bipartisan Bill

Status: (Passed) 2021-07-06 - Chapter No. 2021-170 [S0096 Detail]

Download: Florida-2021-S0096-Enrolled.html
       ENROLLED
       2021 Legislature              CS for CS for SB 96, 1st Engrossed
       
       
       
       
       
       
                                                               202196er
    1  
    2         An act relating to child welfare; providing a
    3         directive to the Division of Law Revision; creating s.
    4         39.101, F.S.; transferring existing provisions
    5         relating to the central abuse hotline of the
    6         Department of Children and Families; providing
    7         additional requirements relating to the central abuse
    8         hotline; revising requirements for certain statistical
    9         reports that the department is required to collect and
   10         analyze; amending s. 39.201, F.S.; revising reporting
   11         requirements for the central abuse hotline; requiring
   12         animal control officers and certain agents to provide
   13         their names to central abuse hotline counselors;
   14         requiring such counselors to advise reporters of
   15         certain information; requiring such counselors to
   16         receive specified periodic training; revising
   17         requirements relating to reports of abuse involving
   18         impregnation of children; providing requirements for
   19         reports of child abuse, abandonment, or neglect by a
   20         parent or legal custodian, child-on-child sexual
   21         abuse, juvenile sexual abuse, and children who exhibit
   22         inappropriate sexual behavior; amending s. 39.2015,
   23         F.S.; revising membership of multiagency teams;
   24         requiring the department to conduct investigations of
   25         reports of sexual abuse of children in out-of-home
   26         care under certain circumstances; providing
   27         requirements for such investigations; requiring the
   28         Secretary of Children and Families to create
   29         guidelines for such investigations; requiring a report
   30         to the secretary within a specified time; requiring
   31         the advisory committee to review the reports and
   32         investigations; amending s. 39.202, F.S.; expanding
   33         the list of entities that have access to child abuse
   34         or neglect records; requiring access to certain
   35         confidential and exempt records by legislative
   36         committees, upon request, within a specified
   37         timeframe; amending s. 39.205, F.S.; providing
   38         construction; specifying that certain persons are not
   39         relieved from the duty to report to the central abuse
   40         hotline by notifying their supervisors; creating s.
   41         39.208, F.S.; providing legislative findings and
   42         intent; providing responsibilities for child
   43         protective investigators relating to animal cruelty;
   44         providing criminal, civil, and administrative immunity
   45         to child protective investigators who report known or
   46         suspected animal cruelty; providing responsibilities
   47         for animal control officers relating to child abuse,
   48         abandonment, and neglect; providing criminal
   49         penalties; requiring the department to develop
   50         training which relates to child abuse, abandonment,
   51         and neglect and animal cruelty; providing requirements
   52         for such training; requiring the department to adopt
   53         rules; amending s. 39.301, F.S.; conforming a cross
   54         reference; requiring the department to continually
   55         assess child safety throughout a protective
   56         investigation; requiring a child protective
   57         investigator to take specified actions in certain
   58         protective investigations involving sexual abuse;
   59         amending s. 39.302, F.S.; conforming a cross
   60         reference; authorizing certain persons to be
   61         represented by an attorney or accompanied by another
   62         person under certain circumstances during protective
   63         investigations of institutional child abuse,
   64         abandonment, or neglect; providing requirements
   65         relating to such investigations; amending s. 39.3035,
   66         F.S.; providing a description of child advocacy
   67         centers; conforming cross-references; amending s.
   68         39.4015, F.S.; requiring, rather than authorizing, the
   69         department to develop a family-finding program;
   70         removing the limitation that the development of
   71         family-finding programs is subject to available
   72         resources; requiring, rather than authorizing, that
   73         family-finding efforts begin as soon as a child is
   74         taken into the custody of the department; making
   75         technical changes; amending s. 39.4085, F.S.; revising
   76         legislative intent; specifying goals of children in
   77         shelter or foster care; providing responsibilities of
   78         the Department of Children and Families, case
   79         managers, and other staff; authorizing district school
   80         boards to establish specified educational programs for
   81         certain students and provide such programs in
   82         conjunction with other specified programs; amending s.
   83         39.4087, F.S.; requiring the department to provide
   84         certain information to, and training for, caregivers
   85         of children in foster care; expanding certain
   86         information that is required to be fully disclosed to
   87         a caregiver; requiring a caregiver to maintain the
   88         confidentiality of certain information; making
   89         technical changes; creating s. 39.4092, F.S.;
   90         providing legislative findings; authorizing offices of
   91         criminal conflict and civil regional counsel to
   92         establish a multidisciplinary legal representation
   93         model program to serve families in the dependency
   94         system; requiring the department to collaborate with
   95         the office of criminal conflict and civil regional
   96         counsel regarding documentation for federal matching
   97         funding; requiring the department to submit such
   98         documentation upon the establishment of a model
   99         program; specifying program requirements; defining the
  100         term “parent-peer specialist”; requiring each office
  101         of criminal conflict and civil regional counsel that
  102         establishes a model program to submit an annual report
  103         by a specified date to the Office of Program Policy
  104         Analysis and Government Accountability; specifying
  105         report requirements; requiring the Office of Program
  106         Policy Analysis and Government Accountability to
  107         compile the results of the reports, conduct an
  108         analysis, and annually submit the analysis to the
  109         Governor and Legislature by a specified date;
  110         requiring offices of criminal conflict and civil
  111         regional counsel to provide additional information or
  112         data upon request; amending s. 39.5086, F.S.; removing
  113         the limitation that the development of kinship
  114         navigator programs is subject to available resources;
  115         requiring, rather than authorizing, each community
  116         based care lead agency to establish a kinship
  117         navigator program; amending s. 39.6225, F.S.; deleting
  118         obsolete provisions; amending s. 394.9082, F.S.;
  119         requiring the department to collect and publish, and
  120         update annually, specified information on its website
  121         for each managing entity under contract with the
  122         department; defining the term “employee”; requiring
  123         managing entities to include a specified statement on
  124         their websites and in certain documents and materials;
  125         creating s. 394.90825, F.S.; providing definitions;
  126         requiring a board member or an officer of a managing
  127         entity to disclose specified activity that may
  128         reasonably be construed to be a conflict of interest;
  129         creating a rebuttable presumption of a conflict of
  130         interest if the activity was acted on by the board
  131         without prior notice; establishing a process for the
  132         managing entity’s board of directors to address the
  133         activity within certain timelines; providing for
  134         certain consequences for failure to obtain a board’s
  135         approval or failure to properly disclose a contract as
  136         a conflict of interest; creating s. 394.9086, F.S.;
  137         creating the Commission on Mental Health and Substance
  138         Abuse adjunct to the department; requiring the
  139         department to provide administrative and staff support
  140         services to the commission; providing purposes of the
  141         commission; providing for membership, term limits,
  142         meetings, and duties of the commission; requiring the
  143         commission to submit reports of its findings and
  144         recommendations to the Legislature and Governor by
  145         specified dates; providing for future repeal unless
  146         saved by the Legislature through reenactment; amending
  147         s. 409.1415, F.S.; requiring the department to make
  148         available specified training for caregivers of
  149         children in out-of-home care; requiring the department
  150         to establish the Foster Information Center for
  151         specified purposes; requiring community-based care
  152         lead agencies to provide certain resources, supports,
  153         and assistance to kinship caregivers; requiring
  154         community-based care lead agencies to provide
  155         caregivers with a certain telephone number; repealing
  156         s. 409.1453, F.S., relating to the design and
  157         dissemination of training for foster care caregivers;
  158         amending s. 409.175, F.S.; requiring the department to
  159         conduct certain assessments and grant a capacity
  160         waiver under certain conditions; authorizing the
  161         department to adopt rules; repealing s. 409.1753,
  162         F.S.; relating to duties of the department relating to
  163         foster care; amending s. 409.987, F.S.; requiring the
  164         department to develop an alternative plan for
  165         providing community-based child welfare services under
  166         certain circumstances; providing requirements for the
  167         plan; requiring the department to submit the plan and
  168         certain quarterly updates to the Governor and
  169         Legislature; providing definitions; requiring a board
  170         member or an officer of a lead agency to disclose
  171         specified activity that may reasonably be construed to
  172         be a conflict of interest; creating a rebuttable
  173         presumption of a conflict of interest if the activity
  174         was acted on by the board without prior notice;
  175         establishing a process for the lead agency’s board of
  176         directors to address the activity within certain
  177         timelines; providing for certain consequences for
  178         failure to obtain a board’s approval or failure to
  179         properly disclose a contract as a conflict of
  180         interest; amending s. 409.988, F.S.; deleting a
  181         requirement that lead agencies publish their current
  182         budgets on their websites; specifying additional data
  183         lead agencies must publish on their websites;
  184         requiring the department to determine a standard
  185         methodology for use in calculating specified data;
  186         requiring lead agencies to adhere to specified best
  187         child welfare practices; requiring lead agencies to
  188         include a specified statement on their websites and in
  189         certain documents and materials; amending s. 409.990,
  190         F.S.; requiring lead agencies to fund the cost of
  191         increased care under certain circumstances; amending
  192         s. 409.996, F.S.; requiring contracts between the
  193         department and community-based care lead agencies to
  194         provide specified information to the department;
  195         requiring the department to annually conduct a
  196         specified review of community-based care lead
  197         agencies; requiring such agencies to develop and
  198         maintain a specified plan; requiring the department to
  199         collect and publish on its website specified
  200         information relating to lead agencies under contract
  201         with the department; amending s. 828.27, F.S.;
  202         requiring county and municipal animal control officers
  203         to complete specified training; requiring that animal
  204         control officers be provided with opportunities to
  205         attend such training during normal work hours;
  206         amending s. 1012.795, F.S.; requiring the Education
  207         Practices Commission to suspend the educator
  208         certificate of instructional personnel and school
  209         administrators for failing to report known or
  210         suspected child abuse under certain circumstances;
  211         amending ss. 119.071 and 934.03, F.S.; conforming
  212         cross-references; providing effective dates.
  213          
  214  Be It Enacted by the Legislature of the State of Florida:
  215  
  216         Section 1. The Division of Law Revision is directed to add
  217  s. 39.101, Florida Statutes, as created by this act, to part II
  218  of chapter 39, Florida Statutes.
  219         Section 2. Section 39.101, Florida Statutes, is created to
  220  read:
  221         39.101 Central abuse hotline.—The central abuse hotline is
  222  the first step in the safety assessment and investigation
  223  process.
  224         (1) ESTABLISHMENT AND OPERATION.—
  225         (a) The department shall operate and maintain a central
  226  abuse hotline capable of receiving all reports of known or
  227  suspected child abuse, abandonment, or neglect and reports that
  228  a child is in need of supervision and care and has no parent,
  229  legal custodian, or responsible adult relative immediately known
  230  and available to provide such supervision and care. The hotline
  231  must accept reports 24 hours a day, 7 days a week, and such
  232  reports must be made in accordance with s. 39.201. The central
  233  abuse hotline must be capable of accepting reports made in
  234  accordance with s. 39.201 in writing, through a single statewide
  235  toll-free telephone number, or through electronic reporting. A
  236  person may use any of these methods to make a report to the
  237  central abuse hotline.
  238         (b) The central abuse hotline must be operated in such a
  239  manner as to enable the department to:
  240         1. Accept reports for investigation when there is
  241  reasonable cause to suspect that a child has been or is being
  242  abused or neglected or has been abandoned.
  243         2. Determine whether the allegations made by the reporter
  244  require an immediate or a 24-hour response in accordance with
  245  subsection (2).
  246         3. Immediately identify and locate previous reports or
  247  cases of child abuse, abandonment, or neglect through the use of
  248  the department’s automated tracking system.
  249         4. Track critical steps in the investigative process to
  250  ensure compliance with all requirements for any report or case
  251  of abuse, abandonment, or neglect.
  252         5. When appropriate, refer reporters who do not allege
  253  child abuse, abandonment, or neglect to other organizations that
  254  may better resolve the reporter’s concerns.
  255         6. Serve as a resource for the evaluation, management, and
  256  planning of preventive and remedial services for children who
  257  have been abused, abandoned, or neglected.
  258         7. Initiate and enter into agreements with other states for
  259  the purposes of gathering and sharing information contained in
  260  reports on child maltreatment to further enhance programs for
  261  the protection of children.
  262         8. Promote public awareness of the central abuse hotline
  263  through community-based partner organizations and public service
  264  campaigns.
  265         (2) TIMEFRAMES FOR INITIATING INVESTIGATION.—After the
  266  central abuse hotline receives a report, the department must
  267  determine the timeframe in which to initiate an investigation
  268  under chapter 39. Except as provided in s. 39.302 relating to
  269  institutional investigations, the department must commence an
  270  investigation:
  271         (a) Immediately, regardless of the time of day or night, if
  272  it appears that:
  273         1. The immediate safety or well-being of a child is
  274  endangered;
  275         2. The family may flee or the child may be unavailable for
  276  purposes of conducting a child protective investigation; or
  277         3. The facts reported to the central abuse hotline
  278  otherwise so warrant.
  279         (b) Within 24 hours after receipt of a report that does not
  280  involve the criteria specified in paragraph (a).
  281         (3) COLLECTION OF INFORMATION AND DATA.—The department
  282  shall:
  283         (a)1. Voice-record all incoming or outgoing calls that are
  284  received or placed by the central abuse hotline which relate to
  285  suspected or known child abuse, abandonment, or neglect and
  286  maintain an electronic copy of each report made to the central
  287  abuse hotline through a call or electronic reporting.
  288         2. Make the recording or electronic copy of the report made
  289  to the central abuse hotline a part of the record of the report.
  290  Notwithstanding s. 39.202, the recording or electronic copy may
  291  only be released in full to law enforcement agencies and state
  292  attorneys for the purposes of investigating and prosecuting
  293  criminal charges under s. 39.205, or to employees of the
  294  department for the purposes of investigating and seeking
  295  administrative fines under s. 39.206.
  296  
  297  This paragraph does not prohibit central abuse hotline
  298  counselors from using the recordings or the electronic copy of
  299  reports for quality assurance or training purposes.
  300         (b)1. Secure and install electronic equipment that
  301  automatically provides the central abuse hotline the telephone
  302  number from which the call is placed or the Internet protocol
  303  address from which the electronic report is received.
  304         2. Enter the telephone number or Internet protocol address
  305  into the report of child abuse, abandonment, or neglect for it
  306  to become a part of the record of the report.
  307         3. Maintain the confidentiality of such information in the
  308  same manner as given to the identity of the reporter under s.
  309  39.202.
  310         (c)1. Update the online form used for reporting child
  311  abuse, abandonment, or neglect to include qualifying questions
  312  in order to obtain necessary information required to assess need
  313  and the timeframes necessary for initiating an investigation
  314  under subsection (2).
  315         2. Make the report available in its entirety to the central
  316  abuse hotline counselors as needed to update the Florida Safe
  317  Families Network or other similar systems.
  318         (d) Monitor and evaluate the effectiveness of the reporting
  319  and investigating of suspected child abuse, abandonment, or
  320  neglect through the development and analysis of statistical and
  321  other information.
  322         (e) Maintain and produce aggregate statistical reports
  323  monitoring patterns of child abuse, abandonment, and neglect.
  324         (f)1. Collect and analyze child-on-child sexual abuse
  325  reports and include such information in the aggregate
  326  statistical reports.
  327         2. Collect and analyze, in separate statistical reports,
  328  those reports of child abuse, sexual abuse, and juvenile sexual
  329  abuse which are reported from or which occurred on or at:
  330         a. School premises;
  331         b. School transportation;
  332         c. School-sponsored off-campus events;
  333         d. A school readiness program provider determined to be
  334  eligible under s. 1002.88;
  335         e. A private prekindergarten provider or a public school
  336  prekindergarten provider, as those terms are defined in s.
  337  1002.51(7) and (8), respectively;
  338         f. A public K-12 school as described in s. 1000.04;
  339         g. A private school as defined in s. 1002.01;
  340         h. A Florida College System institution or a state
  341  university, as those terms are defined in s. 1000.21(3) and (6),
  342  respectively; or
  343         i. A school, as defined in s. 1005.02.
  344         (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
  345  HOTLINE.—
  346         (a) Information received by the central abuse hotline may
  347  not be used for employment screening, except as provided in s.
  348  39.202(2)(a) and (h) or s. 402.302(15).
  349         (b) Information in the central abuse hotline and the
  350  department’s automated abuse information system may be used by
  351  the department, its authorized agents or contract providers, the
  352  Department of Health, or county agencies as part of the
  353  licensure or registration process pursuant to ss. 402.301
  354  402.319 and ss. 409.175-409.176.
  355         (c) Information in the central abuse hotline may also be
  356  used by the Department of Education for purposes of educator
  357  certification discipline and review pursuant to s. 39.202(2)(q).
  358         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  359  department’s quality assurance program shall review screened-out
  360  reports involving three or more unaccepted reports on a single
  361  child, when jurisdiction applies, in order to detect such things
  362  as harassment and situations that warrant an investigation
  363  because of the frequency of the reports or the variety of the
  364  sources of the reports. A component of the quality assurance
  365  program must analyze unaccepted reports to the central abuse
  366  hotline by identified relatives as a part of the review of
  367  screened-out reports. The Assistant Secretary for Child Welfare
  368  may refer a case for investigation when it is determined, as a
  369  result of such review, that an investigation may be warranted.
  370         Section 3. Section 39.201, Florida Statutes, is amended to
  371  read:
  372         (Substantial rewording of section. See
  373         s. 39.201, F.S., for present text.)
  374         39.201 Required reports of child abuse, abandonment, or
  375  neglect, sexual abuse of a child, and juvenile sexual abuse;
  376  required reports of death; reports involving a child who has
  377  exhibited inappropriate sexual behavior.—
  378         (1) MANDATORY REPORTING.—
  379         (a)1. A person is required to report immediately to the
  380  central abuse hotline established in s. 39.101, in writing,
  381  through a call to the toll-free telephone number, or through
  382  electronic reporting, if he or she knows, or has reasonable
  383  cause to suspect, that any of the following has occurred:
  384         a. Child abuse, abandonment, or neglect by a parent or
  385  caregiver, which includes, but is not limited to, when a child
  386  is abused, abandoned, or neglected by a parent, legal custodian,
  387  caregiver, or other person responsible for the child’s welfare
  388  or when a child is in need of supervision and care and has no
  389  parent, legal custodian, or responsible adult relative
  390  immediately known and available to provide such supervision and
  391  care.
  392         b. Child abuse by an adult other than a parent, legal
  393  custodian, caregiver, or other person responsible for the
  394  child’s welfare. The central abuse hotline must immediately
  395  electronically transfer such reports to the appropriate county
  396  sheriff’s office.
  397         2. Any person who knows, or has reasonable cause to
  398  suspect, that a child is the victim of sexual abuse or juvenile
  399  sexual abuse shall report such knowledge or suspicion to the
  400  central abuse hotline, including if the alleged incident
  401  involves a child who is in the custody of or under the
  402  protective supervision of the department.
  403  
  404  Such reports may be made in writing, through the statewide toll
  405  free telephone number, or through electronic reporting.
  406         (b)1. A person from the general public may make a report to
  407  the central abuse hotline anonymously if he or she chooses to do
  408  so.
  409         2. A person making a report to the central abuse hotline
  410  whose occupation is in any of the following categories is
  411  required to provide his or her name to the central abuse hotline
  412  counselors:
  413         a. Physician, osteopathic physician, medical examiner,
  414  chiropractic physician, nurse, or hospital personnel engaged in
  415  the admission, examination, care, or treatment of persons;
  416         b. Health care professional or mental health professional
  417  other than a person listed in sub-subparagraph a.;
  418         c. Practitioner who relies solely on spiritual means for
  419  healing;
  420         d. School teacher or other school official or personnel;
  421         e. Social worker, day care center worker, or other
  422  professional child care worker, foster care worker, residential
  423  worker, or institutional worker;
  424         f. Law enforcement officer;
  425         g. Judge; or
  426         h. Animal control officer as defined in s. 828.27(1)(b) or
  427  agent appointed under s. 828.03.
  428         (c) Central abuse hotline counselors shall advise persons
  429  under subparagraph (b)2. who are making a report to the central
  430  abuse hotline that, while their names must be entered into the
  431  record of the report, the names of reporters are held
  432  confidential and exempt as provided in s. 39.202. Such
  433  counselors must receive periodic training in encouraging all
  434  reporters to provide their names when making a report.
  435         (2) EXCEPTIONS TO REPORTING.—
  436         (a) An additional report of child abuse, abandonment, or
  437  neglect is not required to be made by:
  438         1. A professional who is hired by or who enters into a
  439  contract with the department for the purpose of treating or
  440  counseling a person as a result of a report of child abuse,
  441  abandonment, or neglect if such person was the subject of the
  442  referral for treatment or counseling.
  443         2. An officer or employee of the judicial branch when the
  444  child is currently being investigated by the department, when
  445  there is an existing dependency case, or when the matter has
  446  previously been reported to the department if there is
  447  reasonable cause to believe that the information is already
  448  known to the department. This subparagraph applies only when the
  449  information related to the alleged child abuse, abandonment, or
  450  neglect has been provided to such officer or employee in the
  451  course of carrying out his or her official duties.
  452         3. An officer or employee of a law enforcement agency when
  453  the incident under investigation by the law enforcement agency
  454  was reported to law enforcement by the central abuse hotline
  455  through the electronic transfer of the report or telephone call.
  456  The department’s central abuse hotline is not required to
  457  electronically transfer calls or reports received under sub
  458  subparagraph (1)(a)1.b. to the county sheriff’s office if the
  459  matter was initially reported to the department by the county
  460  sheriff’s office or by another law enforcement agency. This
  461  subparagraph applies only when the information related to the
  462  alleged child abuse, abandonment, or neglect has been provided
  463  to the officer or employee of a law enforcement agency or
  464  central abuse hotline counselor in the course of carrying out
  465  his or her official duties.
  466         (b) Nothing in this section or in the contract with
  467  community-based care providers for foster care and related
  468  services as specified in s. 409.987 may be construed to remove
  469  or reduce the duty and responsibility of any person, including
  470  any employee of the community-based care provider, to report a
  471  known or suspected case of child abuse, abandonment, or neglect
  472  to the department’s central abuse hotline.
  473         (3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
  474         (a) Abuse occurring out of state.
  475         1. Except as provided in subparagraph 2., the central abuse
  476  hotline may not take a report or call of known or suspected
  477  child abuse, abandonment, or neglect when the report or call is
  478  related to abuse, abandonment, or neglect that occurred out of
  479  state and the alleged perpetrator and alleged victim do not live
  480  in this state. The central abuse hotline must instead transfer
  481  the information in the report or call to the appropriate state
  482  or country.
  483         2. If the alleged victim is currently being evaluated in a
  484  medical facility in this state, the central abuse hotline must
  485  accept the report or call for investigation and must transfer
  486  the information in the report or call to the appropriate state
  487  or country.
  488         (b) Reports received from emergency room physicians.—The
  489  department must initiate an investigation when it receives a
  490  report from an emergency room physician.
  491         (c) Abuse involving impregnation of a child.—A report must
  492  be immediately electronically transferred to the appropriate
  493  county sheriff’s office or other appropriate law enforcement
  494  agency by the central abuse hotline if the report is of an
  495  instance of known or suspected child abuse involving
  496  impregnation of a child 15 years of age or younger by a person
  497  21 years of age or older under s. 827.04(3). If the report is of
  498  known or suspected child abuse under s. 827.04(3), subsection
  499  (1) does not apply to health care professionals or other
  500  professionals who provide medical or counseling services to
  501  pregnant children when such reporting would interfere with the
  502  provision of such medical or counseling services.
  503         (d) Institutional child abuse or neglect.—Reports involving
  504  known or suspected institutional child abuse or neglect must be
  505  made and received in the same manner as all other reports made
  506  under this section.
  507         (e) Surrendered newborn infants.
  508         1. The central abuse hotline must receive reports involving
  509  surrendered newborn infants as described in s. 383.50.
  510         2.a. A report may not be considered a report of child
  511  abuse, abandonment, or neglect solely because the infant has
  512  been left at a hospital, emergency medical services station, or
  513  fire station under s. 383.50.
  514         b. If the report involving a surrendered newborn infant
  515  does not include indications of child abuse, abandonment, or
  516  neglect other than that necessarily entailed in the infant
  517  having been left at a hospital, emergency medical services
  518  station, or fire station, the central abuse hotline must provide
  519  to the person making the report the name of an eligible licensed
  520  child-placing agency that is required to accept physical custody
  521  of and to place surrendered newborn infants. The department
  522  shall provide names of eligible licensed child-placing agencies
  523  on a rotating basis.
  524         3. If the report includes indications of child abuse,
  525  abandonment, or neglect beyond that necessarily entailed in the
  526  infant having been left at a hospital, emergency medical
  527  services station, or fire station, the report must be considered
  528  as a report of child abuse, abandonment, or neglect and,
  529  notwithstanding chapter 383, is subject to s. 39.395 and all
  530  other relevant provisions of this chapter.
  531         (4) REPORTS OF CHILD ABUSE, ABANDONMENT, OR NEGLECT BY A
  532  PARENT, LEGAL CUSTODIAN, CAREGIVER, OR OTHER PERSON RESPONSIBLE
  533  FOR A CHILD’S WELFARE.—
  534         (a)1. Upon receiving a report made to the central abuse
  535  hotline, the department shall determine if the received report
  536  meets the statutory criteria for child abuse, abandonment, or
  537  neglect.
  538         2. Any report meeting the statutory criteria for child
  539  abuse, abandonment, or neglect must be accepted for a child
  540  protective investigation pursuant to part III of this chapter.
  541         (b)1. Any call received from a parent or legal custodian
  542  seeking assistance for himself or herself which does not meet
  543  the criteria for being a report of child abuse, abandonment, or
  544  neglect may be accepted by the central abuse hotline for
  545  response to ameliorate a potential future risk of harm to a
  546  child.
  547         2. The department must refer the parent or legal custodian
  548  for appropriate voluntary community services if it is determined
  549  by the department that a need for community services exists.
  550         (5) REPORTS OF SEXUAL ABUSE OF A CHILD OR JUVENILE SEXUAL
  551  ABUSE; REPORTS OF A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL
  552  BEHAVIOR.—
  553         (a)1. Sexual abuse of a child or juvenile sexual abuse must
  554  be reported immediately to the central abuse hotline, including
  555  any alleged incident involving a child who is in the custody of
  556  or under the protective supervision of the department. Such
  557  reports may be made in writing, through the statewide toll-free
  558  telephone number, or through electronic reporting.
  559         2. Within 48 hours after the central abuse hotline receives
  560  a report under subparagraph 1., the department shall conduct an
  561  assessment, assist the family in receiving appropriate services
  562  under s. 39.307, and send a written report of the allegation to
  563  the appropriate county sheriff’s office.
  564         (b) Reports involving a child who has exhibited
  565  inappropriate sexual behavior must be made and received by the
  566  central abuse hotline. Within 48 hours after receiving a report
  567  under this paragraph, the department shall conduct an
  568  assessment, assist the family in receiving appropriate services
  569  under s. 39.307, and send a written report of the allegation to
  570  the appropriate county sheriff’s office.
  571         (c) The services identified in the assessment conducted
  572  under paragraph (a) or paragraph (b) must be provided in the
  573  least restrictive environment possible and must include, but are
  574  not limited to, child advocacy center services under s. 39.3035
  575  and sexual abuse treatment programs developed and coordinated by
  576  the Children’s Medical Services Program in the Department of
  577  Health under s. 39.303.
  578         (d) The department shall ensure that the facts and results
  579  of any investigation of sexual abuse of a child or juvenile
  580  sexual abuse involving a child in the custody of or under the
  581  protective supervision of the department are made known to the
  582  court at the next hearing and are included in the next report to
  583  the court concerning the child.
  584         (e)1. In addition to conducting an assessment and assisting
  585  the family in receiving appropriate services, the department
  586  shall conduct a child protective investigation under part III of
  587  this chapter if the incident leading to a report occurs on
  588  school premises, on school transportation, at a school-sponsored
  589  off-campus event, at a public or private school readiness or
  590  prekindergarten program, at a public K-12 school, at a private
  591  school, at a Florida College System institution, at a state
  592  university, or at any other school. The child protective
  593  investigation must include an interview with the child’s parent
  594  or legal custodian.
  595         2. The department shall orally notify the Department of
  596  Education; the law enforcement agency having jurisdiction over
  597  the municipality or county in which the school, program,
  598  institution, or university is located; and, as appropriate, the
  599  superintendent of the school district in which the school is
  600  located, the administrative officer of the private school, or
  601  the owner of the private school readiness or prekindergarten
  602  program provider.
  603         3. The department shall make a full written report to the
  604  law enforcement agency having jurisdiction over the municipality
  605  or county in which the school, program, institution, or
  606  university is located within 3 business days after making the
  607  oral report. Whenever possible, any criminal investigation must
  608  be coordinated with the department’s child protective
  609  investigation. Any interested person who has information
  610  regarding sexual abuse of a child or juvenile sexual abuse may
  611  forward a statement to the department.
  612         (6) MANDATORY REPORTS OF A CHILD DEATH.—Any person required
  613  to report or investigate cases of suspected child abuse,
  614  abandonment, or neglect who has reasonable cause to suspect that
  615  a child died as a result of child abuse, abandonment, or neglect
  616  shall report his or her suspicion to the appropriate medical
  617  examiner. The medical examiner shall accept the report for
  618  investigation and report his or her findings, in writing, to the
  619  local law enforcement agency, the appropriate state attorney,
  620  and the department. Autopsy reports maintained by the medical
  621  examiner are not subject to the confidentiality requirements
  622  under s. 39.202.
  623         Section 4. Effective October 1, 2021, subsection (11) of
  624  section 39.2015, Florida Statutes, is renumbered as subsection
  625  (12), present subsections (3), (7), and (11) of that section are
  626  amended, and a new subsection (11) is added to that section, to
  627  read:
  628         39.2015 Critical incident rapid response team; sexual abuse
  629  report investigations.—
  630         (3) Each investigation shall be conducted by a multiagency
  631  team of at least five professionals with expertise in child
  632  protection, child welfare, and organizational management. The
  633  team may consist of employees of the department, community-based
  634  care lead agencies, Children’s Medical Services, and community
  635  based care provider organizations; faculty from the institute
  636  consisting of public and private universities offering degrees
  637  in social work established pursuant to s. 1004.615; or any other
  638  person with the required expertise. The team shall include, at a
  639  minimum, a Child Protection Team medical director, a
  640  representative from a child advocacy center under s. 39.3035 who
  641  has specialized training in sexual abuse of a child if sexual
  642  abuse of the child who is the subject of the report is alleged,
  643  or a combination of such specialists if deemed appropriate. The
  644  majority of the team must reside in judicial circuits outside
  645  the location of the incident. The secretary shall appoint a team
  646  leader for each group assigned to an investigation.
  647         (7) The secretary shall develop cooperative agreements with
  648  other entities and organizations as necessary to facilitate the
  649  work required under this section of the team.
  650         (11) The department shall conduct investigations of reports
  651  of sexual abuse of children in out-of-home care. The purpose of
  652  such investigations is to identify root causes and to rapidly
  653  determine the need to change policies and practices related to
  654  preventing and addressing sexual abuse of children in out-of
  655  home care.
  656         (a) At a minimum, the department shall investigate a
  657  verified report of sexual abuse of a child in out-of-home care
  658  under this subsection if the child was the subject of a verified
  659  report of abuse or neglect during the previous 6 months. The
  660  investigation must be initiated as soon as possible, but not
  661  later than 2 business days after a determination of verified
  662  findings of sexual abuse or immediately if a case has been open
  663  for 45 days. One investigation shall be initiated for an
  664  allegation of sexual abuse that is based on the same act,
  665  criminal episode, or transaction regardless of the number of
  666  reports that are made about the allegations to the central abuse
  667  hotline.
  668         (b) Each investigation must be conducted by, at a minimum,
  669  a trained department employee and one or more professionals who
  670  are employees of other organizations and who are involved in
  671  conducting critical incident rapid response investigations. The
  672  investigation, or any part thereof, may be conducted remotely.
  673  Subsections (5), (6), (8), and (10) apply to investigations
  674  conducted under this subsection. The secretary, in consultation
  675  with the institute established under s. 1004.615, shall develop
  676  any necessary guidelines specific to such investigations.
  677         (c) A preliminary report on each case must be provided to
  678  the secretary no later than 45 days after the investigation
  679  begins.
  680         (12)(11) The secretary shall appoint an advisory committee
  681  made up of experts in child protection and child welfare,
  682  including, but not limited to, the Statewide Medical Director
  683  for Child Protection under the Department of Health, a
  684  representative from the institute established under pursuant to
  685  s. 1004.615, an expert in organizational management, and an
  686  attorney with experience in child welfare, to conduct an
  687  independent review of investigative reports from the critical
  688  incident rapid response teams and sexual abuse report
  689  investigations and to make recommendations to improve policies
  690  and practices related to child protection and child welfare
  691  services. The advisory committee shall meet at least once each
  692  quarter to review the critical incident rapid response teams’
  693  reports and sexual abuse report investigations and shall submit
  694  quarterly reports to the secretary which include findings and
  695  recommendations. The secretary shall submit each report to the
  696  Governor, the President of the Senate, and the Speaker of the
  697  House of Representatives.
  698         Section 5. Subsections (7) through (9) of section 39.202,
  699  Florida Statutes, are renumbered as subsections (8) through
  700  (10), respectively, paragraphs (a) and (h) of subsection (2) are
  701  amended, and a new subsection (7) is added to that section, to
  702  read:
  703         39.202 Confidentiality of reports and records in cases of
  704  child abuse or neglect; exception.—
  705         (2) Except as provided in subsection (4), access to such
  706  records, excluding the name of, or other identifying information
  707  with respect to, the reporter which shall be released only as
  708  provided in subsection (5), shall be granted only to the
  709  following persons, officials, and agencies:
  710         (a) Employees, authorized agents, or contract providers of
  711  the department, the Department of Health, the Agency for Persons
  712  with Disabilities, the Agency for Health Care Administration,
  713  the office of Early Learning, or county agencies responsible for
  714  carrying out:
  715         1. Child or adult protective investigations;
  716         2. Ongoing child or adult protective services;
  717         3. Early intervention and prevention services;
  718         4. Healthy Start services;
  719         5. Licensure or approval of adoptive homes, foster homes,
  720  child care facilities, facilities licensed under chapters 393
  721  and 394 chapter 393, family day care homes, providers who
  722  receive school readiness funding under part VI of chapter 1002,
  723  or other homes used to provide for the care and welfare of
  724  children;
  725         6. Employment screening for caregivers in residential group
  726  homes and facilities licensed under chapters 393, 394, and 409;
  727  or
  728         7. Services for victims of domestic violence when provided
  729  by certified domestic violence centers working at the
  730  department’s request as case consultants or with shared clients.
  731  
  732  Also, employees or agents of the Department of Juvenile Justice
  733  responsible for the provision of services to children, pursuant
  734  to chapters 984 and 985.
  735         (h) Any appropriate official of the department, the Agency
  736  for Health Care Administration, or the Agency for Persons with
  737  Disabilities who is responsible for:
  738         1. Administration or supervision of the department’s
  739  program for the prevention, investigation, or treatment of child
  740  abuse, abandonment, or neglect, or abuse, neglect, or
  741  exploitation of a vulnerable adult, when carrying out his or her
  742  official function;
  743         2. Taking appropriate administrative action concerning an
  744  employee of the department or the agency who is alleged to have
  745  perpetrated child abuse, abandonment, or neglect, or abuse,
  746  neglect, or exploitation of a vulnerable adult; or
  747         3. Employing and continuing employment of personnel of the
  748  department or the agency.
  749         (7) Custodians of records made confidential and exempt
  750  under this section must grant access to such records within 7
  751  business days after such records are requested by a legislative
  752  committee under s. 11.143, if requested within that timeframe.
  753         Section 6. Subsections (1), (3), and (4) of section 39.205,
  754  Florida Statutes, are amended, and subsection (11) is added to
  755  that section, to read:
  756         39.205 Penalties relating to reporting of child abuse,
  757  abandonment, or neglect.—
  758         (1) A person who is required to report known or suspected
  759  child abuse, abandonment, or neglect and who knowingly and
  760  willfully fails to report to the central abuse hotline known or
  761  suspected child abuse, abandonment, or neglect do so, or who
  762  knowingly and willfully prevents another person from doing so,
  763  commits a felony of the third degree, punishable as provided in
  764  s. 775.082, s. 775.083, or s. 775.084. A judge subject to
  765  discipline pursuant to s. 12, Art. V of the State Florida
  766  Constitution may shall not be subject to criminal prosecution
  767  when the information was received in the course of official
  768  duties.
  769         (3) Any Florida College System institution, state
  770  university, or nonpublic college, university, or school, as
  771  defined in s. 1000.21 or s. 1005.02, whose administrators
  772  knowingly and willfully, upon receiving information from
  773  faculty, staff, or other institution employees, knowingly and
  774  willfully fail to report to the central abuse hotline known or
  775  suspected child abuse, abandonment, or neglect committed on the
  776  property of the university, college, or school, or during an
  777  event or function sponsored by the university, college, or
  778  school, or who knowingly and willfully prevent another person
  779  from doing so, shall be subject to fines of $1 million for each
  780  such failure.
  781         (a) A Florida College System institution subject to a fine
  782  shall be assessed by the State Board of Education.
  783         (b) A state university subject to a fine shall be assessed
  784  by the Board of Governors.
  785         (c) A nonpublic college, university, or school subject to a
  786  fine shall be assessed by the Commission for Independent
  787  Education.
  788         (4) Any Florida College System institution, state
  789  university, or nonpublic college, university, or school, as
  790  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  791  agency fails to report to the central abuse hotline known or
  792  suspected child abuse, abandonment, or neglect committed on the
  793  property of the university, college, or school, or during an
  794  event or function sponsored by the university, college, or
  795  school, shall be subject to fines of $1 million for each such
  796  failure, assessed in the same manner as specified in subsection
  797  (3).
  798         (11) This section may not be construed to remove or reduce
  799  the requirement of any person, including, but not limited to,
  800  any employee of a school readiness program provider determined
  801  to be eligible under s. 1002.88; a private prekindergarten
  802  provider or a public school prekindergarten provider, as those
  803  terms are defined in s. 1002.51; a public K-12 school as
  804  described in s. 1000.04; a private school as defined in s.
  805  1002.01; a Florida College System institution or a state
  806  university, as those terms are defined in s. 1000.21; a college
  807  as defined in s. 1005.02; or a school as defined in s. 1005.02,
  808  to directly report a known or suspected case of child abuse,
  809  abandonment, or neglect or the sexual abuse of a child to the
  810  department’s central abuse hotline. A person required to report
  811  to the central abuse hotline is not relieved of such obligation
  812  by notifying his or her supervisor.
  813         Section 7. Section 39.208, Florida Statutes, is created to
  814  read:
  815         39.208 Cross-reporting child abuse, abandonment, or neglect
  816  and animal cruelty.—
  817         (1) LEGISLATIVE FINDINGS AND INTENT.—
  818         (a) The Legislature recognizes that animal cruelty of any
  819  kind is a type of interpersonal violence that often co-occurs
  820  with child abuse and other forms of family violence, including
  821  elder abuse and domestic violence. Early identification of
  822  animal cruelty is an important tool in safeguarding children
  823  from abuse, abandonment, and neglect; providing needed support
  824  to families; and protecting animals.
  825         (b) The Legislature finds that education and training for
  826  child protective investigators and animal control officers
  827  should include information on the link between the welfare of
  828  animals in the family and child safety and protection.
  829         (c) Therefore, it is the intent of the Legislature to
  830  require reporting and cross-reporting protocols and
  831  collaborative training between child protective investigators
  832  and animal control officers to help protect the safety and well
  833  being of children, their families, and their animals.
  834         (2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.—
  835         (a) Any person who is required to investigate child abuse,
  836  abandonment, or neglect under this chapter and who, while acting
  837  in his or her professional capacity or within the scope of
  838  employment, knows or has reasonable cause to suspect that animal
  839  cruelty, as those terms are defined in s. 828.27(1)(a) and (d),
  840  respectively, has occurred at the same address shall report such
  841  knowledge or suspicion within 72 hours after the child
  842  protective investigator becomes aware of the known or suspected
  843  animal cruelty to his or her supervisor who shall submit the
  844  report to a local animal control agency. The report must include
  845  all of the following information:
  846         1. A description of the animal and of the known or
  847  suspected animal cruelty.
  848         2. The name and address of the animal’s owner or keeper, if
  849  that information is available to the child protective
  850  investigator.
  851         3. Any other information available to the child protective
  852  investigator which might assist an animal control officer, as
  853  defined in s. 828.27(1)(b), or law enforcement officer in
  854  establishing the cause of the animal cruelty and the manner in
  855  which it occurred.
  856         (b) A child protective investigator who makes a report
  857  under this section is presumed to have acted in good faith. An
  858  investigator acting in good faith who makes a report under this
  859  section or who cooperates in an investigation of known or
  860  suspected animal cruelty is immune from any civil or criminal
  861  liability or administrative penalty or sanction that might
  862  otherwise be incurred in connection with making the report or
  863  otherwise cooperating.
  864         (3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.—Any person
  865  who is required to investigate animal cruelty under chapter 828
  866  and who, while acting in his or her professional capacity or
  867  within the scope of employment, knows or has reasonable cause to
  868  suspect that a child is abused, abandoned, or neglected by a
  869  parent, legal custodian, caregiver, or other person responsible
  870  for the child’s welfare or that a child is in need of
  871  supervision and care and does not have a parent, a legal
  872  custodian, or a responsible adult relative immediately known and
  873  available to provide supervision and care to that child shall
  874  immediately report such knowledge or suspicion to the
  875  department’s central abuse hotline.
  876         (4) PENALTIES.—
  877         (a) A child protective investigator who is required to
  878  report known or suspected animal cruelty under subsection (2)
  879  and who knowingly and willfully fails to do so commits a
  880  misdemeanor of the second degree, punishable as provided in s.
  881  775.082 or s. 775.083.
  882         (b) An animal control officer, as defined in s.
  883  828.27(1)(b), who is required to report known or suspected
  884  abuse, abandonment, or neglect of a child under subsection (3)
  885  and who knowingly and willfully fails to report an incident of
  886  known or suspected abuse, abandonment, or neglect, as required
  887  by s. 39.201 is subject to the penalties under s. 39.205.
  888         (5) TRAINING.—The department, in consultation with animal
  889  welfare associations, shall develop or adapt and use already
  890  available training materials in a 1-hour training course for all
  891  child protective investigators and animal control officers on
  892  the accurate and timely identification and reporting of child
  893  abuse, abandonment, or neglect or animal cruelty and the
  894  interconnectedness of such abuse, abandonment, or neglect. The
  895  department shall incorporate into the required training for
  896  child protective investigators information on the identification
  897  of harm to and neglect of animals and the relationship of such
  898  activities to child welfare case practice. The 1-hour training
  899  course developed for animal control officers must include a
  900  component that advises such officers of the mandatory duty to
  901  report any known or suspected child abuse, abandonment, or
  902  neglect under this section and s. 39.201 and the criminal
  903  penalties associated with a violation of failing to report known
  904  or suspected child abuse, abandonment, or neglect which is
  905  punishable as provided under s. 39.205.
  906         (6) RULEMAKING.—The department shall adopt rules to
  907  implement this section.
  908         Section 8. Subsection (6) and paragraph (a) of subsection
  909  (9) of section 39.301, Florida Statutes, are amended, and
  910  subsection (24) is added to that section, to read:
  911         39.301 Initiation of protective investigations.—
  912         (6) Upon commencing an investigation under this part, if a
  913  report was received from a reporter under s. 39.201(1)(a)2. s.
  914  39.201(1)(b), the protective investigator must provide his or
  915  her contact information to the reporter within 24 hours after
  916  being assigned to the investigation. The investigator must also
  917  advise the reporter that he or she may provide a written summary
  918  of the report made to the central abuse hotline to the
  919  investigator which shall become a part of the electronic child
  920  welfare case file.
  921         (9)(a) For each report received from the central abuse
  922  hotline and accepted for investigation, the department or the
  923  sheriff providing child protective investigative services under
  924  s. 39.3065, shall perform the following child protective
  925  investigation activities to determine child safety:
  926         1. Conduct a review of all relevant, available information
  927  specific to the child and family and alleged maltreatment;
  928  family child welfare history; local, state, and federal criminal
  929  records checks; and requests for law enforcement assistance
  930  provided by the abuse hotline. Based on a review of available
  931  information, including the allegations in the current report, a
  932  determination shall be made as to whether immediate consultation
  933  should occur with law enforcement, the Child Protection Team, a
  934  domestic violence shelter or advocate, or a substance abuse or
  935  mental health professional. Such consultations should include
  936  discussion as to whether a joint response is necessary and
  937  feasible. A determination shall be made as to whether the person
  938  making the report should be contacted before the face-to-face
  939  interviews with the child and family members.
  940         2. Conduct face-to-face interviews with the child; other
  941  siblings, if any; and the parents, legal custodians, or
  942  caregivers.
  943         3. Assess the child’s residence, including a determination
  944  of the composition of the family and household, including the
  945  name, address, date of birth, social security number, sex, and
  946  race of each child named in the report; any siblings or other
  947  children in the same household or in the care of the same
  948  adults; the parents, legal custodians, or caregivers; and any
  949  other adults in the same household.
  950         4. Determine whether there is any indication that any child
  951  in the family or household has been abused, abandoned, or
  952  neglected; the nature and extent of present or prior injuries,
  953  abuse, or neglect, and any evidence thereof; and a determination
  954  as to the person or persons apparently responsible for the
  955  abuse, abandonment, or neglect, including the name, address,
  956  date of birth, social security number, sex, and race of each
  957  such person.
  958         5. Complete assessment of immediate child safety for each
  959  child based on available records, interviews, and observations
  960  with all persons named in subparagraph 2. and appropriate
  961  collateral contacts, which may include other professionals, and
  962  continually assess the child’s safety throughout the
  963  investigation. The department’s child protection investigators
  964  are hereby designated a criminal justice agency for the purpose
  965  of accessing criminal justice information to be used for
  966  enforcing this state’s laws concerning the crimes of child
  967  abuse, abandonment, and neglect. This information shall be used
  968  solely for purposes supporting the detection, apprehension,
  969  prosecution, pretrial release, posttrial release, or
  970  rehabilitation of criminal offenders or persons accused of the
  971  crimes of child abuse, abandonment, or neglect and may not be
  972  further disseminated or used for any other purpose.
  973         6. Document the present and impending dangers to each child
  974  based on the identification of inadequate protective capacity
  975  through utilization of a standardized safety assessment
  976  instrument. If present or impending danger is identified, the
  977  child protective investigator must implement a safety plan or
  978  take the child into custody. If present danger is identified and
  979  the child is not removed, the child protective investigator
  980  shall create and implement a safety plan before leaving the home
  981  or the location where there is present danger. If impending
  982  danger is identified, the child protective investigator shall
  983  create and implement a safety plan as soon as necessary to
  984  protect the safety of the child. The child protective
  985  investigator may modify the safety plan if he or she identifies
  986  additional impending danger.
  987         a. If the child protective investigator implements a safety
  988  plan, the plan must be specific, sufficient, feasible, and
  989  sustainable in response to the realities of the present or
  990  impending danger. A safety plan may be an in-home plan or an
  991  out-of-home plan, or a combination of both. A safety plan may
  992  include tasks or responsibilities for a parent, caregiver, or
  993  legal custodian. However, a safety plan may not rely on
  994  promissory commitments by the parent, caregiver, or legal
  995  custodian who is currently not able to protect the child or on
  996  services that are not available or will not result in the safety
  997  of the child. A safety plan may not be implemented if for any
  998  reason the parents, guardian, or legal custodian lacks the
  999  capacity or ability to comply with the plan. If the department
 1000  is not able to develop a plan that is specific, sufficient,
 1001  feasible, and sustainable, the department shall file a shelter
 1002  petition. A child protective investigator shall implement
 1003  separate safety plans for the perpetrator of domestic violence,
 1004  if the investigator, using reasonable efforts, can locate the
 1005  perpetrator to implement a safety plan, and for the parent who
 1006  is a victim of domestic violence as defined in s. 741.28.
 1007  Reasonable efforts to locate a perpetrator include, but are not
 1008  limited to, a diligent search pursuant to the same requirements
 1009  as in s. 39.503. If the perpetrator of domestic violence is not
 1010  the parent, guardian, or legal custodian of any child in the
 1011  home and if the department does not intend to file a shelter
 1012  petition or dependency petition that will assert allegations
 1013  against the perpetrator as a parent of a child in the home, the
 1014  child protective investigator shall seek issuance of an
 1015  injunction authorized by s. 39.504 to implement a safety plan
 1016  for the perpetrator and impose any other conditions to protect
 1017  the child. The safety plan for the parent who is a victim of
 1018  domestic violence may not be shared with the perpetrator. If any
 1019  party to a safety plan fails to comply with the safety plan
 1020  resulting in the child being unsafe, the department shall file a
 1021  shelter petition.
 1022         b. The child protective investigator shall collaborate with
 1023  the community-based care lead agency in the development of the
 1024  safety plan as necessary to ensure that the safety plan is
 1025  specific, sufficient, feasible, and sustainable. The child
 1026  protective investigator shall identify services necessary for
 1027  the successful implementation of the safety plan. The child
 1028  protective investigator and the community-based care lead agency
 1029  shall mobilize service resources to assist all parties in
 1030  complying with the safety plan. The community-based care lead
 1031  agency shall prioritize safety plan services to families who
 1032  have multiple risk factors, including, but not limited to, two
 1033  or more of the following:
 1034         (I) The parent or legal custodian is of young age;
 1035         (II) The parent or legal custodian, or an adult currently
 1036  living in or frequently visiting the home, has a history of
 1037  substance abuse, mental illness, or domestic violence;
 1038         (III) The parent or legal custodian, or an adult currently
 1039  living in or frequently visiting the home, has been previously
 1040  found to have physically or sexually abused a child;
 1041         (IV) The parent or legal custodian, or an adult currently
 1042  living in or frequently visiting the home, has been the subject
 1043  of multiple allegations by reputable reports of abuse or
 1044  neglect;
 1045         (V) The child is physically or developmentally disabled; or
 1046         (VI) The child is 3 years of age or younger.
 1047         c. The child protective investigator shall monitor the
 1048  implementation of the plan to ensure the child’s safety until
 1049  the case is transferred to the lead agency at which time the
 1050  lead agency shall monitor the implementation.
 1051         d. The department may file a petition for shelter or
 1052  dependency without a new child protective investigation or the
 1053  concurrence of the child protective investigator if the child is
 1054  unsafe but for the use of a safety plan and the parent or
 1055  caregiver has not sufficiently increased protective capacities
 1056  within 90 days after the transfer of the safety plan to the lead
 1057  agency.
 1058         (24) At the beginning of and throughout an investigation of
 1059  an allegation of sexual abuse of a child placed in out-of-home
 1060  care, the child protective investigator must assess and take
 1061  appropriate protective actions to address the safety of other
 1062  children in the out-of-home placement, or who are accessible to
 1063  the alleged perpetrator, who are not the subject of the
 1064  allegation.
 1065         Section 9. Subsections (1) and (2) of section 39.302,
 1066  Florida Statutes, are amended to read:
 1067         39.302 Protective investigations of institutional child
 1068  abuse, abandonment, or neglect.—
 1069         (1) The department shall conduct a child protective
 1070  investigation of each report of institutional child abuse,
 1071  abandonment, or neglect. Upon receipt of a report that alleges
 1072  that an employee or agent of the department, or any other entity
 1073  or person covered by s. 39.01(37) or (54), acting in an official
 1074  capacity, has committed an act of child abuse, abandonment, or
 1075  neglect, the department shall initiate a child protective
 1076  investigation within the timeframe established under s.
 1077  39.101(2) s. 39.201(5) and notify the appropriate state
 1078  attorney, law enforcement agency, and licensing agency, which
 1079  shall immediately conduct a joint investigation, unless
 1080  independent investigations are more feasible. When conducting
 1081  investigations or having face-to-face interviews with the child,
 1082  investigation visits shall be unannounced unless it is
 1083  determined by the department or its agent that unannounced
 1084  visits threaten the safety of the child. If a facility is exempt
 1085  from licensing, the department shall inform the owner or
 1086  operator of the facility of the report. Each agency conducting a
 1087  joint investigation is entitled to full access to the
 1088  information gathered by the department in the course of the
 1089  investigation. A protective investigation must include an
 1090  interview with the child’s parent or legal guardian. The
 1091  department shall make a full written report to the state
 1092  attorney within 3 business working days after making the oral
 1093  report. A criminal investigation shall be coordinated, whenever
 1094  possible, with the child protective investigation of the
 1095  department. Any interested person who has information regarding
 1096  the offenses described in this subsection may forward a
 1097  statement to the state attorney as to whether prosecution is
 1098  warranted and appropriate. Within 15 days after the completion
 1099  of the investigation, the state attorney shall report the
 1100  findings to the department and shall include in the report a
 1101  determination of whether or not prosecution is justified and
 1102  appropriate in view of the circumstances of the specific case.
 1103         (2)(a) If in the course of the child protective
 1104  investigation, the department finds that a subject of a report,
 1105  by continued contact with children in care, constitutes a
 1106  threatened harm to the physical health, mental health, or
 1107  welfare of the children, the department may restrict a subject’s
 1108  access to the children pending the outcome of the investigation.
 1109  The department or its agent shall employ the least restrictive
 1110  means necessary to safeguard the physical health, mental health,
 1111  and welfare of the children in care. This authority shall apply
 1112  only to child protective investigations in which there is some
 1113  evidence that child abuse, abandonment, or neglect has occurred.
 1114  A subject of a report whose access to children in care has been
 1115  restricted is entitled to petition the circuit court for
 1116  judicial review. The court shall enter written findings of fact
 1117  based upon the preponderance of evidence that child abuse,
 1118  abandonment, or neglect did occur and that the department’s
 1119  restrictive action against a subject of the report was justified
 1120  in order to safeguard the physical health, mental health, and
 1121  welfare of the children in care. The restrictive action of the
 1122  department shall be effective for no more than 90 days without a
 1123  judicial finding supporting the actions of the department.
 1124         (b) During an investigation, the alleged perpetrator may be
 1125  represented by an attorney, at his or her own expense, or may be
 1126  accompanied by another person, if the attorney or the other
 1127  person executes an affidavit of understanding with the
 1128  department and agrees to comply with the confidentiality
 1129  requirements under s. 39.202. The absence of an attorney or
 1130  accompanying person does not prevent the department from
 1131  proceeding with other aspects of the investigation, including
 1132  interviews with other persons. In institutional child abuse,
 1133  abandonment, or neglect cases when the institution is not
 1134  operational and the child cannot otherwise be located, the
 1135  investigation must commence immediately upon the institution
 1136  resuming operation. If requested by a state attorney or local
 1137  law enforcement agency, the department shall furnish all
 1138  investigative reports to such state attorney or agency.
 1139         (c)(b) Upon completion of the department’s child protective
 1140  investigation, the department may make application to the
 1141  circuit court for continued restrictive action against any
 1142  person necessary to safeguard the physical health, mental
 1143  health, and welfare of the children in care.
 1144         Section 10. Subsections (1), (2), and (3) of section
 1145  39.3035, Florida Statutes, are renumbered as subsections (2),
 1146  (3), and (4), respectively, present subsection (3) is amended,
 1147  and a new subsection (1) is added to that section, to read:
 1148         39.3035 Child advocacy centers; standards; state funding.—
 1149         (1) Child advocacy centers are facilities that offer
 1150  multidisciplinary services in a community-based, child-focused
 1151  environment to children who are alleged to be victims of child
 1152  abuse, abandonment, or neglect. The children served by such
 1153  centers may have experienced a variety of types of child abuse,
 1154  abandonment, or neglect, including, but not limited to, sexual
 1155  abuse or severe physical abuse. The centers bring together,
 1156  often in one location, child protective investigators, law
 1157  enforcement officers, prosecutors, health care professionals,
 1158  and mental health professionals to provide a coordinated,
 1159  comprehensive response to victims and their caregivers.
 1160         (4)(3) A child advocacy center within this state may not
 1161  receive the funds generated pursuant to s. 938.10, state or
 1162  federal funds administered by a state agency, or any other funds
 1163  appropriated by the Legislature unless all of the standards of
 1164  subsection (2) (1) are met and the screening requirement of
 1165  subsection (3) (2) is met. The Florida Network of Children’s
 1166  Advocacy Centers, Inc., shall be responsible for tracking and
 1167  documenting compliance with subsections (2) and (3) (1) and (2)
 1168  for any of the funds it administers to member child advocacy
 1169  centers.
 1170         (a) Funds for the specific purpose of funding children’s
 1171  advocacy centers shall be appropriated to the Department of
 1172  Children and Families from funds collected from the additional
 1173  court cost imposed in cases of certain crimes against minors
 1174  under s. 938.10. Funds shall be disbursed to the Florida Network
 1175  of Children’s Advocacy Centers, Inc., as established under this
 1176  section, for the purpose of providing community-based services
 1177  that augment, but do not duplicate, services provided by state
 1178  agencies.
 1179         (b) The board of directors of the Florida Network of
 1180  Children’s Advocacy Centers, Inc., shall retain 10 percent of
 1181  all revenues collected to be used to match local contributions,
 1182  at a rate not to exceed an equal match, in communities
 1183  establishing children’s advocacy centers. The board of directors
 1184  may use up to 5 percent of the remaining funds to support the
 1185  activities of the network office and must develop funding
 1186  criteria and an allocation methodology that ensures an equitable
 1187  distribution of remaining funds among network participants. The
 1188  criteria and methodologies must take into account factors that
 1189  include, but need not be limited to, the center’s accreditation
 1190  status with respect to the National Children’s Alliance, the
 1191  number of clients served, and the population of the area being
 1192  served by the children’s advocacy center.
 1193         (c) At the end of each fiscal year, each children’s
 1194  advocacy center receiving revenue as provided in this section
 1195  must provide a report to the board of directors of the Florida
 1196  Network of Children’s Advocacy Centers, Inc., which reflects
 1197  center expenditures, all sources of revenue received, and
 1198  outputs that have been standardized and agreed upon by network
 1199  members and the board of directors, such as the number of
 1200  clients served, client demographic information, and number and
 1201  types of services provided. The Florida Network of Children’s
 1202  Advocacy Centers, Inc., must compile reports from the centers
 1203  and provide a report to the President of the Senate and the
 1204  Speaker of the House of Representatives in August of each year.
 1205         Section 11. Subsection (3) of section 39.4015, Florida
 1206  Statutes, is amended to read:
 1207         39.4015 Family finding.—
 1208         (3) FAMILY-FINDING PROGRAM.—Subject to available resources,
 1209  The department, in collaboration with sheriffs’ offices that
 1210  conduct child protective investigations and community-based care
 1211  lead agencies, shall may develop a formal family-finding program
 1212  to be implemented by child protective investigators and
 1213  community-based care lead agencies as resources permit.
 1214         (a) Family-finding efforts shall Family finding may begin
 1215  as soon as a child is taken into custody of the department,
 1216  pursuant to s. 39.401, and throughout the duration of the case
 1217  as necessary, finding and engaging with as many family members
 1218  and fictive kin as possible for each child who may help with
 1219  care or support for the child. The department or community-based
 1220  care lead agency must specifically document strategies taken to
 1221  locate and engage relatives and fictive kin. Strategies of
 1222  engagement may include, but are not limited to, asking the
 1223  relatives and fictive kin to:
 1224         1. Participate in a family group decisionmaking conference,
 1225  family team conferencing, or other family meetings aimed at
 1226  developing or supporting the family service plan;
 1227         2. Attend visitations with the child;
 1228         3. Assist in transportation of the child;
 1229         4. Provide respite or child care services; or
 1230         5. Provide actual kinship care.
 1231         (b) The family-finding family finding program shall provide
 1232  the department and the community-based care lead agencies with
 1233  best practices for identifying family and fictive kin. The
 1234  family-finding family finding program must use diligent efforts
 1235  in family finding and, must continue those efforts until
 1236  multiple relatives and fictive kin are identified, and must go
 1237  beyond basic searching tools by exploring alternative tools and
 1238  methodologies. Family-finding Family finding efforts by the
 1239  department and the community-based care lead agency may include,
 1240  but are not limited to:
 1241         1. Searching for and locating adult relatives and fictive
 1242  kin.
 1243         2. Identifying and building positive connections between
 1244  the child and the child’s relatives and fictive kin.
 1245         3. Supporting the engagement of relatives and fictive kin
 1246  in social service planning and delivery of services and creating
 1247  a network of extended family support to assist in remedying the
 1248  concerns that led to the child becoming involved with the child
 1249  welfare system, when appropriate.
 1250         4. Maintaining family connections, when possible.
 1251         5. Keeping siblings together in care, when in the best
 1252  interest of each child and when possible.
 1253         (c) To be compliant with this section, family-finding
 1254  efforts must go beyond basic searching tools by exploring
 1255  alternative tools and methodologies. A basic computer search
 1256  using the Internet or attempts to contact known relatives at a
 1257  last known address or telephone number do not constitute
 1258  effective family finding.
 1259         Section 12. Section 39.4085, Florida Statutes, is amended
 1260  to read:
 1261         39.4085 Legislative findings and declaration of intent for
 1262  Goals for dependent children; responsibilities; education.—
 1263         (1) The Legislature finds and declares that the design and
 1264  delivery of child welfare services should be directed by the
 1265  principle that the health and safety of children, including the
 1266  freedom from abuse, abandonment, or neglect, is should be of
 1267  paramount concern and, therefore, establishes the following
 1268  goals for children in shelter or foster care:
 1269         (a)(1) To receive a copy of this act and have it fully
 1270  explained to them when they are placed in the custody of the
 1271  department.
 1272         (b)(2) To enjoy individual dignity, liberty, pursuit of
 1273  happiness, and the protection of their civil and legal rights as
 1274  persons in the custody of the state.
 1275         (c)(3) To have their privacy protected, have their personal
 1276  belongings secure and transported with them, and, unless
 1277  otherwise ordered by the court, have uncensored communication,
 1278  including receiving and sending unopened communications and
 1279  having access to a telephone.
 1280         (d)(4) To have personnel providing services who are
 1281  sufficiently qualified and experienced to assess the risk
 1282  children face before prior to removal from their homes and to
 1283  meet the needs of the children once they are in the custody of
 1284  the department.
 1285         (e)(5) To remain in the custody of their parents or legal
 1286  custodians unless and until there has been a determination by a
 1287  qualified person exercising competent professional judgment that
 1288  removal is necessary to protect their physical, mental, or
 1289  emotional health or safety.
 1290         (f)(6) To have a full risk, health, educational, medical,
 1291  and psychological screening and, if needed, assessment and
 1292  testing upon adjudication into foster care; and to have their
 1293  photograph and fingerprints included in their case management
 1294  file.
 1295         (g)(7) To be referred to and receive services, including
 1296  necessary medical, emotional, psychological, psychiatric, and
 1297  educational evaluations and treatment, as soon as practicable
 1298  after identification of the need for such services by the
 1299  screening and assessment process.
 1300         (h)(8) To be placed in a home with no more than one other
 1301  child, unless they are part of a sibling group.
 1302         (i)(9) To be placed away from other children known to pose
 1303  a threat of harm to them, either because of their own risk
 1304  factors or those of the other child.
 1305         (j)(10) To be placed in a home where the shelter or foster
 1306  caregiver is aware of and understands the child’s history,
 1307  needs, and risk factors.
 1308         (k)(11) To be the subject of a plan developed by the
 1309  counselor and the shelter or foster caregiver to deal with
 1310  identified behaviors that may present a risk to the child or
 1311  others.
 1312         (l)(12) To be involved and incorporated, if where
 1313  appropriate, in the development of the case plan, to have a case
 1314  plan which will address their specific needs, and to object to
 1315  any of the provisions of the case plan.
 1316         (m)(13) To receive meaningful case management and planning
 1317  that will quickly return the child to his or her family or move
 1318  the child on to other forms of permanency.
 1319         (n)(14) To receive regular communication with a case
 1320  manager caseworker, at least once a month, which shall include
 1321  meeting with the child alone and conferring with the shelter or
 1322  foster caregiver.
 1323         (o)(15) To enjoy regular visitation, at least once a week,
 1324  with their siblings unless the court orders otherwise.
 1325         (p)(16) To enjoy regular visitation with their parents, at
 1326  least once a month, unless the court orders otherwise.
 1327         (q)(17) To receive a free and appropriate education;
 1328  minimal disruption to their education and retention in their
 1329  home school, if appropriate; referral to the child study team;
 1330  all special educational services, including, if where
 1331  appropriate, the appointment of a parent surrogate; and the
 1332  sharing of all necessary information between the school board
 1333  and the department, including information on attendance and
 1334  educational progress.
 1335         (r)(18) To be able to raise grievances with the department
 1336  over the care they are receiving from their caregivers, case
 1337  managers caseworkers, or other service providers.
 1338         (s)(19) To be heard by the court, if appropriate, at all
 1339  review hearings.
 1340         (t)(20) To have a guardian ad litem appointed to represent,
 1341  within reason, their best interests and, if where appropriate,
 1342  an attorney ad litem appointed to represent their legal
 1343  interests; the guardian ad litem and attorney ad litem shall
 1344  have immediate and unlimited access to the children they
 1345  represent.
 1346         (u)(21) To have all their records available for review by
 1347  their guardian ad litem and attorney ad litem if they deem such
 1348  review necessary.
 1349         (v)(22) To organize as a group for purposes of ensuring
 1350  that they receive the services and living conditions to which
 1351  they are entitled and to provide support for one another while
 1352  in the custody of the department.
 1353         (w)(23) To be afforded prompt access to all available state
 1354  and federal programs, including, but not limited to: Early
 1355  Periodic Screening, Diagnosis, and Testing (EPSDT) services,
 1356  developmental services programs, Medicare and supplemental
 1357  security income, Children’s Medical Services, and programs for
 1358  severely emotionally disturbed children.
 1359  
 1360  The provisions of This subsection establishes section establish
 1361  goals and not rights. Nothing in This subsection does not
 1362  require section shall be interpreted as requiring the delivery
 1363  of any particular service or level of service in excess of
 1364  existing appropriations. A No person does not shall have a cause
 1365  of action against the state or any of its subdivisions,
 1366  agencies, contractors, subcontractors, or agents, based upon the
 1367  adoption of or failure to provide adequate funding for the
 1368  achievement of these goals by the Legislature. This subsection
 1369  does not Nothing herein shall require the expenditure of funds
 1370  to meet the goals established in this subsection herein except
 1371  those funds specifically appropriated for such purpose.
 1372         (2) The department shall operate with the understanding
 1373  that the rights of children in shelter or foster care are
 1374  critical to their safety, permanency, and well-being. The
 1375  department shall work with all stakeholders to help such
 1376  children become knowledgeable about their rights.
 1377         (3)(a) The case manager or other staff shall provide verbal
 1378  and written instructions to a child entering shelter or foster
 1379  care to educate the child on identifying and reporting abuse,
 1380  abandonment, or neglect. The verbal and written instructions
 1381  must use words and phrasing that each child can understand and
 1382  must occur in a manner that is most effective for each child.
 1383  The written instructions are only required if the child is of a
 1384  sufficient age and understanding to receive such instructions.
 1385  The case manager or other staff must give each child the
 1386  opportunity to ask questions about his or her rights and how to
 1387  identify and report abuse, abandonment, or neglect. The case
 1388  manager or other staff shall document in court reports and case
 1389  notes the date the information was provided to the child. The
 1390  case manager or other staff must review the information with the
 1391  child every 6 months and upon every placement change until the
 1392  child leaves shelter or foster care.
 1393         (b) District school boards are authorized and encouraged to
 1394  establish educational programs for students ages 5 through 18
 1395  relating to identifying and reporting abuse, abandonment, or
 1396  neglect and the effects of such abuse, abandonment, or neglect
 1397  on a child. The district school boards may provide such programs
 1398  in conjunction with the youth mental health awareness and
 1399  assistance training program required under s. 1012.584, any
 1400  other mental health education program offered by the school
 1401  district, or any of the educational instruction required under
 1402  s. 1003.42(2).
 1403         Section 13. Paragraphs (c), (k), and (l) of subsection (1)
 1404  of section 39.4087, Florida Statutes, are amended to read:
 1405         39.4087 Department goals and requirements relating to
 1406  caregivers; dispute resolution.—
 1407         (1) To provide the best care to children, the Legislature
 1408  establishes as goals for the department to treat foster parents,
 1409  kinship caregivers, and nonrelative caregivers with dignity,
 1410  respect, and trust while ensuring delivery of child welfare
 1411  services is focused on the best interest of the child. To that
 1412  end, regarding foster parents, kinship caregivers, and
 1413  nonrelative caregivers caring for dependent children in their
 1414  home, to the extent not otherwise prohibited by state or federal
 1415  law and to the extent of current resources, the department will
 1416  strive to:
 1417         (c)1. Fully disclose all relevant information regarding the
 1418  child and the background of his or her biological family. A
 1419  caregiver must maintain the confidentiality of any information
 1420  as required by law. Such disclosure includes, but is not limited
 1421  to:
 1422         a.1. Any issues relative to the child that may jeopardize
 1423  the health and safety of the caregiver or other individuals
 1424  residing in the household or alter the manner in which the
 1425  caregiver would normally provide care.
 1426         b.2. Any delinquency or criminal record of the child,
 1427  including, but not limited to, any pending petitions or
 1428  adjudications of delinquency when the conduct constituting the
 1429  delinquent act, if committed by an adult, would constitute
 1430  murder in the first degree, murder in the second degree, rape,
 1431  robbery, or kidnapping.
 1432         c.3. Information about any physical or sexual abuse the
 1433  child has experienced.
 1434         d.4. Any behavioral issues that may affect the care and
 1435  supervision of the child.
 1436         e.5. With parental consent to the extent required by law,
 1437  any known health history and medical, psychological, or
 1438  behavioral mental health issues or needs of the child,
 1439  including, but not limited to, current infectious diseases the
 1440  child has or any episodes of hospitalization due to mental or
 1441  physical illness.
 1442         2. A caregiver must maintain the confidentiality of any
 1443  information provided under this paragraph as required by law.
 1444         (k) Give at least 7 days’ notice to a caregiver, to the
 1445  extent possible, of any meeting or court hearing related to a
 1446  child in his or her care. The notice must shall include, at
 1447  minimum, but is not limited to, the name of the judge or hearing
 1448  officer, the docket number, and the purpose and location of the
 1449  hearing or meeting. If the department is providing such
 1450  information to a child’s biological parent, the department shall
 1451  provide notice to the caregiver at the same time as the
 1452  biological parent.
 1453         (l) If the caregiver agrees, Consider the caregiver as a
 1454  placement option for a child if such child, who was formerly
 1455  placed with the caregiver, reenters out-of-home care and the
 1456  caregiver agrees to the child being placed with the caregiver
 1457  upon reentry and reenters out-of-home care.
 1458         Section 14. Section 39.4092, Florida Statutes, is created
 1459  to read:
 1460         39.4092 Multidisciplinary legal representation model
 1461  program for parents of children in the dependency system.—
 1462         (1) LEGISLATIVE FINDINGS.—
 1463         (a) The Legislature finds that the use of a specialized
 1464  team that includes an attorney, a social worker, and a parent
 1465  peer specialist, also known as a multidisciplinary legal
 1466  representation model program, in dependency judicial matters is
 1467  effective in reducing safety risks to children and providing
 1468  families with better outcomes, such as significantly reducing
 1469  the time the children spend in out-of-home care and achieving
 1470  permanency more quickly.
 1471         (b) The Legislature finds that parents in dependency court
 1472  often suffer from multiple challenges, such as mental illness,
 1473  substance use disorder, domestic violence or other trauma,
 1474  unstable housing, or unemployment. These challenges are often a
 1475  contributing factor to children experiencing instability or
 1476  safety risks. While these challenges may result in legal
 1477  involvement or require legal representation, addressing the
 1478  underlying challenges in a manner that achieves stability often
 1479  falls within the core functions of the practice of social work.
 1480         (c) The Legislature also finds that social work
 1481  professionals have a unique skill set, including client
 1482  assessment and clinical knowledge of family dynamics. This
 1483  unique skill set allows these professionals to interact and
 1484  engage with families in meaningful and unique ways that are
 1485  distinct from the ways in which the families interact with
 1486  attorneys or other professional staff involved in dependency
 1487  matters. Additionally, social work professionals are skilled at
 1488  quickly connecting families facing crisis to resources that can
 1489  address the specific underlying challenges.
 1490         (d) The Legislature finds that there is a great benefit to
 1491  using parent-peer specialists in the dependency system, which
 1492  allows parents who have successfully navigated the dependency
 1493  system and have been successfully reunified with their children
 1494  to be paired with parents whose children are currently involved
 1495  in the dependency system. By working with someone who has
 1496  personally lived the experience of overcoming great personal
 1497  crisis, parents currently involved in the dependency system have
 1498  a greater ability to address the underlying challenges that
 1499  resulted in the instability and safety risk to their children,
 1500  to provide a safe and stable home environment, and to be
 1501  successfully reunified.
 1502         (e) The Legislature further finds that current federal law
 1503  authorizes the reimbursement of a portion of the cost of
 1504  attorneys for parents and children in eligible cases, whereas
 1505  such funds were formerly restricted to foster care
 1506  administrative costs.
 1507         (f) The Legislature finds it is necessary to encourage and
 1508  facilitate the use of a multidisciplinary legal representation
 1509  model for parents and their children in order to improve
 1510  outcomes for those families involved in the dependency system
 1511  and to provide the families who find themselves in a crisis with
 1512  the best opportunity to be successful in creating safe and
 1513  stable homes for their children.
 1514         (2) ESTABLISHMENT.—Each office of criminal conflict and
 1515  civil regional counsel established under s. 27.511 may establish
 1516  a multidisciplinary legal representation model program to serve
 1517  families in the dependency system.
 1518         (3) DUTIES.—
 1519         (a) The department shall collaborate with the office of
 1520  criminal conflict and civil regional counsel to determine and
 1521  execute any necessary documentation for approval of federal
 1522  Title IV-E matching funding. The department shall submit such
 1523  documentation as promptly as possible upon the establishment of
 1524  a multidisciplinary legal representation model program and shall
 1525  execute the necessary agreements to ensure the program accesses
 1526  available federal matching funding for the program in order to
 1527  help eligible families involved in the dependency system.
 1528         (b) An office of criminal conflict and civil regional
 1529  counsel that establishes a multidisciplinary legal
 1530  representation model program must, at a minimum:
 1531         1. Use a team that consists of an attorney, a forensic
 1532  social worker, and a parent-peer specialist. For purposes of
 1533  this section, the term “parent-peer specialist” means a person
 1534  who has:
 1535         a. Previously had his or her child removed from his or her
 1536  care and placed in out-of-home care.
 1537         b. Been successfully reunified with the child for more than
 1538  2 years.
 1539         c. Received specialized training to become a parent-peer
 1540  specialist.
 1541         2. Comply with any necessary cost-sharing or other
 1542  agreements to maximize financial resources and enable access to
 1543  available federal Title IV-E matching funding.
 1544         3. Provide specialized training and support for attorneys,
 1545  forensic social workers, and parent-peer specialists involved in
 1546  the model program.
 1547         4. Collect uniform data on each child whose parent is
 1548  served by the program and ensure that reporting of data is
 1549  conducted through the child’s unique identification number in
 1550  the Florida Safe Families Network or any successor system, if
 1551  applicable.
 1552         5. Develop consistent operational program policies and
 1553  procedures throughout each region that establishes the model
 1554  program.
 1555         6. Obtain agreements with universities relating to approved
 1556  placements for social work students to ensure the placement of
 1557  social workers in the program.
 1558         7. Execute conflict of interest agreements with each team
 1559  member.
 1560         (4) REPORTING.—
 1561         (a) Beginning October 1, 2022, and annually thereafter
 1562  through October 1, 2025, each office of criminal conflict and
 1563  civil regional counsel that establishes a multidisciplinary
 1564  legal representation model program must submit an annual report
 1565  to the Office of Program Policy Analysis and Government
 1566  Accountability. The annual report must use the uniform data
 1567  collected on each unique child whose parents are served by the
 1568  program and must detail, at a minimum, all of the following:
 1569         1. Reasons the family became involved in the dependency
 1570  system.
 1571         2. Length of time it takes to achieve a permanency goal for
 1572  children whose parents are served by the program.
 1573         3. Frequency of each type of permanency goal achieved by
 1574  children whose parents are served by the program.
 1575         4. Rate of subsequent abuse or neglect which results in the
 1576  removal of children whose parents are served by the program.
 1577         5. Any other relevant factors that tend to show the impact
 1578  of the use of such multidisciplinary legal representation model
 1579  programs on the outcomes for children in the dependency system.
 1580  Each region that has established a model program must agree on
 1581  the additional factors and how to collect data on such
 1582  additional factors for the annual report.
 1583         (b) The Office of Program Policy Analysis and Government
 1584  Accountability shall compile the results of the reports required
 1585  under paragraph (a) and conduct an analysis comparing the
 1586  reported outcomes from the multidisciplinary legal
 1587  representation model program to known outcomes of children in
 1588  the dependency system whose parents are not served by a
 1589  multidisciplinary legal representation model program. Each
 1590  office of criminal conflict and civil regional counsel shall
 1591  provide any additional information or data requested by the
 1592  Office of Program Policy Analysis and Government Accountability
 1593  for its analysis. By December 1, 2022, and annually thereafter
 1594  through December 1, 2025, the Office of Program Policy Analysis
 1595  and Government Accountability must submit its analysis in a
 1596  report to the Governor, the President of the Senate, and the
 1597  Speaker of the House of Representatives.
 1598         Section 15. Paragraph (b) of subsection (2) of section
 1599  39.5086, Florida Statutes, is amended to read:
 1600         39.5086 Kinship navigator programs.—
 1601         (2) PURPOSE AND SERVICES.—
 1602         (b) Subject to available resources, Each community-based
 1603  care lead agency shall may establish a kinship navigator program
 1604  that:
 1605         1. Coordinates with other state or local agencies that
 1606  promote service coordination or provide information and referral
 1607  services, including any entities that participate in the Florida
 1608  211 Network, to avoid duplication or fragmentation of services
 1609  to kinship care families;
 1610         2. Is planned and operated in consultation with kinship
 1611  caregivers and organizations representing them, youth raised by
 1612  kinship caregivers, relevant governmental agencies, and relevant
 1613  community-based or faith-based organizations;
 1614         3. Has a toll-free telephone hotline to provide information
 1615  to link kinship caregivers, kinship support group facilitators,
 1616  and kinship service providers to:
 1617         a. One another;
 1618         b. Eligibility and enrollment information for federal,
 1619  state, and local benefits;
 1620         c. Relevant training to assist kinship caregivers in
 1621  caregiving and in obtaining benefits and services; and
 1622         d. Relevant knowledge related to legal options available
 1623  for child custody, other legal assistance, and help in obtaining
 1624  legal services.
 1625         4. Provides outreach to kinship care families, including by
 1626  establishing, distributing, and updating a kinship care website,
 1627  or other relevant guides or outreach materials; and
 1628         5. Promotes partnerships between public and private
 1629  agencies, including schools, community-based or faith-based
 1630  organizations, and relevant governmental agencies, to increase
 1631  their knowledge of the needs of kinship care families to promote
 1632  better services for those families.
 1633         Section 16. Subsection (15) of section 39.6225, Florida
 1634  Statutes, is renumbered as subsection (13), and present
 1635  subsections (13) and (14) are amended to read:
 1636         39.6225 Guardianship Assistance Program.—
 1637         (13) The Florida Institute for Child Welfare shall evaluate
 1638  the implementation of the Guardianship Assistance Program. This
 1639  evaluation shall be designed to determine the impact of
 1640  implementation of the Guardianship Assistance Program, identify
 1641  any barriers that may prevent eligible caregivers from
 1642  participating in the program, and identify recommendations
 1643  regarding enhancements to the state’s system of supporting
 1644  kinship caregivers. The institute shall submit the report to the
 1645  Governor, the President of the Senate, and the Speaker of the
 1646  House of Representatives no later than January 1, 2021. At a
 1647  minimum, the evaluation shall include:
 1648         (a) Information about the perspectives and experiences of
 1649  program participants, individuals who applied for licensure as
 1650  child-specific foster homes or program participation but were
 1651  determined to be ineligible, and individuals who were likely
 1652  eligible for licensure as a child-specific foster home or for
 1653  the program but declined to apply. The institute shall collect
 1654  this information through methodologies including, but not
 1655  limited to, surveys and focus groups.
 1656         (b) An assessment of any communications procedures and
 1657  print and electronic materials developed to publicize the
 1658  program and recommendations for improving these materials. If
 1659  possible, individuals with expertise in marketing and
 1660  communications shall contribute to this assessment.
 1661         (c) An analysis of the program’s impact on caregivers and
 1662  children, including any differences in impact on children placed
 1663  with caregivers who were licensed and those who were not.
 1664         (d) Recommendations for maximizing participation by
 1665  eligible caregivers and improving the support available to
 1666  kinship caregivers.
 1667         (14) The program shall take effect July 1, 2019.
 1668         Section 17. Paragraph (m) is added to subsection (3) and
 1669  paragraph (u) is added to subsection (5) of section 394.9082,
 1670  Florida Statutes, to read:
 1671         394.9082 Behavioral health managing entities.—
 1672         (3) DEPARTMENT DUTIES.—The department shall:
 1673         (m) Collect and publish, and update annually, all of the
 1674  following information on its website for each managing entity:
 1675         1. All compensation earned or awarded, whether paid or
 1676  accrued, regardless of contingency, by position, for any
 1677  employee, and any other person compensated through a contract
 1678  for services whose services include those commonly associated
 1679  with a chief executive, chief administrator, or other chief
 1680  officer of a business or corporation, who receives compensation
 1681  from state-appropriated funds in excess of 150 percent of the
 1682  annual salary paid to the secretary of the department. For
 1683  purposes of this paragraph, the term “employee” has the same
 1684  meaning as in s. 448.095(1).
 1685         2. The most recent 3 years of the Return of Organization
 1686  Exempt from Income Tax, Internal Revenue Service Form 990 and
 1687  related documents filed with the Internal Revenue Service,
 1688  auditor reports, and annual reports for each managing entity or
 1689  affiliated entity.
 1690         (5) MANAGING ENTITY DUTIES.—A managing entity shall:
 1691         (u) Include the statement “(managing entity name) is a
 1692  managing entity contracted with the Department of Children and
 1693  Families” on its website and, at a minimum, in its promotional
 1694  literature, managing entity-created documents and forms provided
 1695  to families served by the managing entity, business cards, and
 1696  stationery letterhead.
 1697         Section 18. Section 394.90825, Florida Statutes, is created
 1698  to read:
 1699         394.90825 Boards of behavioral health managing entities;
 1700  conflicts of interest.—
 1701         (1) As used in this section, the term:
 1702         (a) “Activity” includes, but is not limited to, a contract
 1703  for goods and services, a contract for the purchase of any real
 1704  or tangible property, or an agreement to engage with the
 1705  managing entity for the benefit of a third party in exchange for
 1706  an interest in real or tangible property, a monetary benefit, or
 1707  an in-kind contribution.
 1708         (b) “Conflict of interest” means when a board member or an
 1709  officer, or a relative of a board member or an officer, of the
 1710  managing entity does any of the following:
 1711         1. Enters into a contract or other transaction for goods or
 1712  services with the managing entity.
 1713         2. Holds a direct or indirect interest in a corporation,
 1714  limited liability corporation, partnership, limited liability
 1715  partnership, or other business entity that conducts business
 1716  with the managing entity or proposes to enter into a contract or
 1717  other transaction with the managing entity. For purposes of this
 1718  paragraph, the term “indirect interest” has the same meaning as
 1719  in s. 112.312.
 1720         3. Knowingly obtains a direct or indirect personal,
 1721  financial, professional, or other benefit as a result of the
 1722  relationship of such board member or officer, or relative of the
 1723  board member or officer, with the managing entity. For purposes
 1724  of this paragraph, the term “benefit” does not include per diem
 1725  and travel expenses paid or reimbursed to board members or
 1726  officers of the managing entity in connection with their service
 1727  on the board.
 1728         (c) “Managing entity” has the same meaning as in s.
 1729  394.9082.
 1730         (d) “Relative” means a relative within the third degree of
 1731  consanguinity by blood or marriage.
 1732         (2)(a) For any activity that is presented to the board of a
 1733  managing entity for its initial consideration and approval after
 1734  July 1, 2021, or any activity that involves a contract that is
 1735  being considered for renewal on or after July 1, 2021, but
 1736  before January 1, 2022, a board member or an officer of a
 1737  managing entity shall disclose to the board any activity that
 1738  may reasonably be construed to be a conflict of interest before
 1739  such activity is initially considered and approved or a contract
 1740  is renewed by the board. A rebuttable presumption of a conflict
 1741  of interest exists if the activity was acted on by the board
 1742  without prior notice as required under subsection (3).
 1743         (b) For contracts with a managing entity which are in
 1744  existence on July 1, 2021, and are not subject to renewal before
 1745  January 1, 2022, a board member or an officer of the managing
 1746  entity shall disclose to the board any activity that may
 1747  reasonably be construed to be a conflict of interest under this
 1748  section by December 31, 2021.
 1749         (3)(a) If a board member or an officer of the managing
 1750  entity, or a relative of a board member or an officer, proposes
 1751  to engage in an activity as described in paragraph (2)(a), the
 1752  proposed activity must be listed on the meeting agenda for the
 1753  next general or special meeting of the board members, and copies
 1754  of all contracts and transactional documents related to the
 1755  proposed activity must be included in the agenda. The meeting
 1756  agenda must clearly identify the existence of a potential
 1757  conflict of interest for the proposed activity. Before a board
 1758  member or an officer of the managing entity, or a relative of a
 1759  board member or an officer, engages in the proposed activity,
 1760  the activity and contract or other transactional documents must
 1761  be approved by an affirmative vote of two-thirds of all other
 1762  board members present.
 1763         (b) If a board member or an officer of the managing entity
 1764  notifies the board of a potential conflict of interest with the
 1765  board member or officer, or a relative of the board member or
 1766  officer, under an existing contract as described in paragraph
 1767  (2)(b), the board must notice the activity on a meeting agenda
 1768  for the next general or special meeting of the board members,
 1769  and copies of all contracts and transactional documents related
 1770  to the activity must be attached. The meeting agenda must
 1771  clearly identify the existence of a potential conflict of
 1772  interest. The board must be given the opportunity to approve or
 1773  disapprove the conflict of interest by a vote of two-thirds of
 1774  all other board members present.
 1775         (4)(a) If the board votes against the proposed activity
 1776  under paragraph (3)(a), the board member or officer of the
 1777  managing entity, or the relative of the board member or officer,
 1778  must notify the board in writing of his or her intention, or his
 1779  or her relative’s intention, not to pursue the proposed
 1780  activity, or the board member or officer shall withdraw from
 1781  office before the next scheduled board meeting. If the board
 1782  finds that a board member or officer has violated this
 1783  paragraph, the board member or officer shall be removed from
 1784  office before the next scheduled board meeting.
 1785         (b) In the event that the board does not approve a conflict
 1786  of interest as required under paragraph (3)(b), the parties to
 1787  the activity may opt to cancel the activity or, in the
 1788  alternative, the board member or officer of the managing entity
 1789  must resign from the board before the next scheduled board
 1790  meeting. If the activity canceled is a contract, the managing
 1791  entity is only liable for the reasonable value of the goods and
 1792  services provided up to the time of cancellation and is not
 1793  liable for any termination fee, liquidated damages, or other
 1794  form of penalty for such cancellation.
 1795         (5) A board member or an officer of the managing entity, or
 1796  a relative of a board member or an officer, who is a party to,
 1797  or has an interest in, an activity that is a possible conflict
 1798  of interest may attend the meeting at which the activity is
 1799  considered by the board and may make a presentation to the board
 1800  regarding the activity. After the presentation, the board member
 1801  or officer, or the relative of the board member or officer, must
 1802  leave the meeting during the discussion of, and the vote on, the
 1803  activity. A board member or an officer who is a party to, or has
 1804  an interest in, the activity shall recuse himself or herself
 1805  from the vote.
 1806         (6) A contract entered into between a board member or an
 1807  officer of the managing entity, or a relative of a board member
 1808  or an officer, and the managing entity which has not been
 1809  properly disclosed as a conflict of interest or potential
 1810  conflict of interest under this section is voidable and
 1811  terminates upon the filing of a written notice terminating the
 1812  contract with the board of directors which contains the consent
 1813  of at least 20 percent of the voting interests of the managing
 1814  entity.
 1815         Section 19. Section 394.9086, Florida Statutes, is created
 1816  to read:
 1817         394.9086 Commission on Mental Health and Substance Abuse.—
 1818         (1) CREATION.—The Commission on Mental Health and Substance
 1819  Abuse, a commission as defined in s. 20.03(10), is created
 1820  adjunct to the department. The department shall provide
 1821  administrative and staff support services relating to the
 1822  functions of the commission.
 1823         (2) PURPOSES.—The purposes of the commission are to examine
 1824  the current methods of providing mental health and substance
 1825  abuse services in the state and to improve the effectiveness of
 1826  current practices, procedures, programs, and initiatives in
 1827  providing such services; identify any barriers or deficiencies
 1828  in the delivery of such services; and recommend changes to
 1829  existing laws, rules, and policies necessary to implement the
 1830  commission’s recommendations.
 1831         (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
 1832         (a) The commission shall be composed of 19 members as
 1833  follows:
 1834         1. A member of the Senate, appointed by the President of
 1835  the Senate.
 1836         2. A member of the House of Representatives, appointed by
 1837  the Speaker of the House of Representatives.
 1838         3. The Secretary of Children and Families or his or her
 1839  designee.
 1840         4. The Secretary of the Agency for Health Care
 1841  Administration or his or her designee.
 1842         5. A person living with a mental health disorder, appointed
 1843  by the President of the Senate.
 1844         6. A family member of a consumer of publicly funded mental
 1845  health services, appointed by the President of the Senate.
 1846         7. A representative of the Louis de la Parte Florida Mental
 1847  Health Institute within the University of South Florida,
 1848  appointed by the President of the Senate.
 1849         8. A representative of a county school district, appointed
 1850  by the President of the Senate.
 1851         9. A representative of mental health courts, appointed by
 1852  the Governor.
 1853         10. A representative of a treatment facility, as defined in
 1854  s. 394.455, appointed by the Speaker of the House of
 1855  Representatives.
 1856         11. A representative of a managing entity, as defined in s.
 1857  394.9082(2), appointed by the Speaker of the House of
 1858  Representatives.
 1859         12. A representative of a community substance abuse
 1860  provider, appointed by the Speaker of the House of
 1861  Representatives.
 1862         13. A psychiatrist licensed under chapter 458 or chapter
 1863  459 practicing within the mental health delivery system,
 1864  appointed by the Speaker of the House of Representatives.
 1865         14. A psychologist licensed under chapter 490 practicing
 1866  within the mental health delivery system, appointed by the
 1867  Governor.
 1868         15. A mental health professional licensed under chapter
 1869  491, appointed by the Governor.
 1870         16. An emergency room physician, appointed by the Governor.
 1871         17. A representative from the field of law enforcement,
 1872  appointed by the Governor.
 1873         18. A representative from the criminal justice system,
 1874  appointed by the Governor.
 1875         19. A representative of a child welfare agency involved in
 1876  the delivery of behavioral health services, appointed by the
 1877  Governor.
 1878         (b) The Governor shall appoint the chair from the members
 1879  of the commission. Appointments to the commission must be made
 1880  by August 1, 2021. Members shall be appointed to serve at the
 1881  pleasure of the officer who appointed the member. A vacancy on
 1882  the commission shall be filled in the same manner as the
 1883  original appointment.
 1884         (c) The commission shall convene no later than September 1,
 1885  2021. The commission shall meet quarterly or upon the call of
 1886  the chair. The commission shall hold its meetings via
 1887  teleconference or other electronic means.
 1888         (4) DUTIES.—
 1889         (a) The duties of the Commission on Mental Health and
 1890  Substance Abuse include the following:
 1891         1. Conducting a review and evaluation of the management and
 1892  functioning of the existing publicly supported mental health and
 1893  substance abuse systems and services in the department, the
 1894  Agency for Health Care Administration, and all other departments
 1895  which administer mental health and substance abuse services.
 1896  Such review shall include, at a minimum, a review of current
 1897  goals and objectives, current planning, services strategies,
 1898  coordination management, purchasing, contracting, financing,
 1899  local government funding responsibility, and accountability
 1900  mechanisms.
 1901         2. Considering the unique needs of persons who are dually
 1902  diagnosed.
 1903         3. Addressing access to, financing of, and scope of
 1904  responsibility in the delivery of emergency behavioral health
 1905  care services.
 1906         4. Addressing the quality and effectiveness of current
 1907  mental health and substance abuse services delivery systems, and
 1908  professional staffing and clinical structure of services, roles,
 1909  and responsibilities of public and private providers, such as
 1910  community mental health centers, community substance abuse
 1911  agencies, hospitals, including emergency services departments,
 1912  law enforcement agencies, and the judicial system.
 1913         5. Addressing priority population groups for publicly
 1914  funded mental health and substance abuse services, identifying
 1915  the comprehensive mental health and substance abuse services
 1916  delivery systems, mental health and substance abuse needs
 1917  assessment and planning activities, and local government funding
 1918  responsibilities for mental health and substance abuse services.
 1919         6. Reviewing the implementation of chapter 2020-107, Laws
 1920  of Florida.
 1921         7. Identifying any gaps in the provision of mental health
 1922  and substance use disorder services.
 1923         8. Providing recommendations on how behavioral health
 1924  managing entities may fulfill their purpose of promoting service
 1925  continuity.
 1926         9. Making recommendations regarding the mission and
 1927  objectives of state-supported mental health and substance abuse
 1928  services and the planning, management, staffing, financing,
 1929  contracting, coordination, and accountability mechanisms which
 1930  will best foster the recommended mission and objectives.
 1931         10. Evaluating and making recommendations regarding the
 1932  establishment of a permanent, agency-level entity to manage
 1933  mental health, substance abuse, and related services statewide.
 1934  At a minimum, the evaluation must consider and describe the:
 1935         a. Specific duties and organizational structure proposed
 1936  for the entity;
 1937         b. Resource needs of the entity and possible sources of
 1938  funding;
 1939         c. Estimated impact on access to and quality of services;
 1940         d. Impact on individuals with behavioral health needs and
 1941  their families, both those currently served through the affected
 1942  systems providing behavioral health services and those in need
 1943  of services; and
 1944         e. Relation to, integration with, and impact on providers,
 1945  managing entities, communities, state agencies, and systems
 1946  which provide mental health and substance abuse services in this
 1947  state. Such recommendations must ensure that the ability of such
 1948  other agencies and systems to carry out their missions and
 1949  responsibilities is not impaired.
 1950         (b) The commission may call upon appropriate departments
 1951  and agencies of state government for such professional
 1952  assistance as may be needed in the discharge of its duties, and
 1953  such departments and agencies shall provide such assistance in a
 1954  timely manner.
 1955         (5) REPORTS.—By September 1, 2022, the commission shall
 1956  submit an interim report to the President of the Senate, the
 1957  Speaker of the House of Representatives, and the Governor
 1958  containing its findings and recommendations on how to best
 1959  provide and facilitate mental health and substance abuse
 1960  services in the state. The commission shall submit its final
 1961  report to the President of the Senate, the Speaker of the House
 1962  of Representatives, and the Governor by September 1, 2023.
 1963         (6) REPEAL.—This section is repealed September 1, 2023,
 1964  unless saved from repeal through reenactment by the Legislature.
 1965         Section 20. Subsection (3) of section 409.1415, Florida
 1966  Statutes, is renumbered as subsection (4), paragraphs (b) and
 1967  (c) of subsection (2) are amended, and a new subsection (3) is
 1968  added to that section, to read:
 1969         409.1415 Parenting partnerships for children in out-of-home
 1970  care; resources.—
 1971         (2) PARENTING PARTNERSHIPS.—
 1972         (b) To ensure that a child in out-of-home care receives
 1973  support for healthy development which gives the child the best
 1974  possible opportunity for success, caregivers, birth or legal
 1975  parents, the department, and the community-based care lead
 1976  agency shall work cooperatively in a respectful partnership by
 1977  adhering to the following requirements:
 1978         1. All members of the partnership must interact and
 1979  communicate professionally with one another, must share all
 1980  relevant information promptly, and must respect the
 1981  confidentiality of all information related to the child and his
 1982  or her family.
 1983         2. The caregiver; the birth or legal parent; the child, if
 1984  appropriate; the department; and the community-based care lead
 1985  agency must participate in developing a case plan for the child
 1986  and the birth or legal parent. All members of the team must work
 1987  together to implement the case plan. The caregiver must have the
 1988  opportunity to participate in all team meetings or court
 1989  hearings related to the child’s care and future plans. The
 1990  department and community-based care lead agency must support and
 1991  facilitate caregiver participation through timely notification
 1992  of such meetings and hearings and provide alternative methods
 1993  for participation for a caregiver who cannot be physically
 1994  present at a meeting or hearing.
 1995         3. A caregiver must strive to provide, and the department
 1996  and community-based care lead agency must support, excellent
 1997  parenting, which includes:
 1998         a. A loving commitment to the child and the child’s safety
 1999  and well-being.
 2000         b. Appropriate supervision and positive methods of
 2001  discipline.
 2002         c. Encouragement of the child’s strengths.
 2003         d. Respect for the child’s individuality and likes and
 2004  dislikes.
 2005         e. Providing opportunities to develop the child’s interests
 2006  and skills.
 2007         f. Being aware of the impact of trauma on behavior.
 2008         g. Facilitating equal participation of the child in family
 2009  life.
 2010         h. Involving the child within his or her community.
 2011         i. A commitment to enable the child to lead a normal life.
 2012         4. A child in out-of-home care must be placed with a
 2013  caregiver who has the ability to care for the child, is willing
 2014  to accept responsibility for providing care, and is willing and
 2015  able to learn about and be respectful of the child’s culture,
 2016  religion, and ethnicity; special physical or psychological
 2017  needs; circumstances unique to the child; and family
 2018  relationships. The department, the community-based care lead
 2019  agency, and other agencies must provide a caregiver with all
 2020  available information necessary to assist the caregiver in
 2021  determining whether he or she is able to appropriately care for
 2022  a particular child.
 2023         5. A caregiver must have access to and take advantage of
 2024  all training that he or she needs to improve his or her skills
 2025  in parenting a child who has experienced trauma due to neglect,
 2026  abuse, or separation from home; to meet the child’s special
 2027  needs; and to work effectively with child welfare agencies, the
 2028  courts, the schools, and other community and governmental
 2029  agencies.
 2030         6. The department and community-based care lead agency must
 2031  provide a caregiver with the services and support they need to
 2032  enable them to provide quality care for the child pursuant to
 2033  subsection (3).
 2034         7. Once a caregiver accepts the responsibility of caring
 2035  for a child, the child may be removed from the home of the
 2036  caregiver only if:
 2037         a. The caregiver is clearly unable to safely or legally
 2038  care for the child;
 2039         b. The child and the birth or legal parent are reunified;
 2040         c. The child is being placed in a legally permanent home in
 2041  accordance with a case plan or court order; or
 2042         d. The removal is demonstrably in the best interests of the
 2043  child.
 2044         8. If a child must leave the caregiver’s home for one of
 2045  the reasons stated in subparagraph 7., and in the absence of an
 2046  unforeseeable emergency, the transition must be accomplished
 2047  according to a plan that involves cooperation and sharing of
 2048  information among all persons involved, respects the child’s
 2049  developmental stage and psychological needs, ensures the child
 2050  has all of his or her belongings, allows for a gradual
 2051  transition from the caregiver’s home, and, if possible, allows
 2052  for continued contact with the caregiver after the child leaves.
 2053         9. When the case plan for a child includes reunification,
 2054  the caregiver, the department, and the community-based care lead
 2055  agency must work together to assist the birth or legal parent in
 2056  improving his or her ability to care for and protect the child
 2057  and to provide continuity for the child.
 2058         10. A caregiver must respect and support the child’s ties
 2059  to his or her birth or legal family, including parents,
 2060  siblings, and extended family members, and must assist the child
 2061  in maintaining allowable visitation and other forms of
 2062  communication. The department and community-based care lead
 2063  agency must provide a caregiver with the information, guidance,
 2064  training, and support necessary for fulfilling this
 2065  responsibility.
 2066         11. A caregiver must work in partnership with the
 2067  department and community-based care lead agency to obtain and
 2068  maintain records that are important to the child’s well-being,
 2069  including, but not limited to, child resource records, medical
 2070  records, school records, photographs, and records of special
 2071  events and achievements.
 2072         12. A caregiver must advocate for a child in his or her
 2073  care with the child welfare system, the court, and community
 2074  agencies, including schools, child care providers, health and
 2075  mental health providers, and employers. The department and
 2076  community-based care lead agency must support a caregiver in
 2077  advocating for a child and may not retaliate against the
 2078  caregiver as a result of this advocacy.
 2079         13. A caregiver must be as fully involved in the child’s
 2080  medical, psychological, and dental care as he or she would be
 2081  for his or her biological child. The department and community
 2082  based care lead agency must support and facilitate such
 2083  participation. The caregiver, the department, and the community
 2084  based care lead agency must share information with each other
 2085  about the child’s health and well-being.
 2086         14. A caregiver must support a child’s school success,
 2087  including, when possible, maintaining school stability by
 2088  participating in school activities and meetings. The department
 2089  and community-based care lead agency must facilitate this
 2090  participation and be informed of the child’s progress and needs.
 2091         15. A caregiver must ensure that a child in his or her care
 2092  who is between 13 and 17 years of age learns and masters
 2093  independent living skills. The department shall make available
 2094  training for caregivers developed in collaboration with the
 2095  Florida Foster and Adoptive Parent Association and the Quality
 2096  Parenting Initiative on the life skills necessary for children
 2097  in out-of-home care.
 2098         16. The case manager and case manager supervisor must
 2099  mediate disagreements that occur between a caregiver and the
 2100  birth or legal parent.
 2101         (c) An employee of a residential group home must meet the
 2102  background screening requirements under s. 39.0138 and the level
 2103  2 screening standards for screening under chapter 435. An
 2104  employee of a residential group home who works directly with a
 2105  child as a caregiver must meet, at a minimum, the same education
 2106  and, training, background, and other screening requirements as
 2107  caregivers in family foster homes licensed as level II under s.
 2108  409.175(5).
 2109         (3) RESOURCES AND SUPPORT FOR CAREGIVERS.—
 2110         (a) Foster parents.—The department shall establish the
 2111  Foster Information Center to connect current and former foster
 2112  parents, known as foster parent advocates, to prospective and
 2113  current foster parents in order to provide information and
 2114  services, including, but not limited to:
 2115         1. Navigating the application and approval process,
 2116  including timelines for each; preparing for transitioning from
 2117  approval for placement to accepting a child into the home; and
 2118  learning about and connecting with any available resources in
 2119  the prospective foster parent’s community.
 2120         2. Accessing available resources and services, including,
 2121  but not limited to, those from the Florida Foster and Adoptive
 2122  Parent Association, for any current foster parents who need
 2123  additional assistance.
 2124         3. Providing information specific to a foster parent’s
 2125  individual needs.
 2126         4. Providing immediate assistance when needed.
 2127         (b) Kinship caregivers.—
 2128         1. A community-based care lead agency shall provide a
 2129  caregiver with resources and supports that are available and
 2130  discuss whether the caregiver meets any eligibility criteria for
 2131  such resources and supports. If the caregiver is unable to
 2132  access resources and supports beneficial to the well-being of
 2133  the child, the community-based care lead agency or case
 2134  management agency must assist the caregiver in initiating access
 2135  to resources by:
 2136         a. Providing referrals to kinship navigation services, if
 2137  available.
 2138         b. Assisting with linkages to community resources and
 2139  completion of program applications.
 2140         c. Scheduling appointments.
 2141         d. Initiating contact with community service providers.
 2142         2. The community-based care lead agency shall provide each
 2143  caregiver with a telephone number to call during normal business
 2144  hours whenever immediate assistance is needed and the child’s
 2145  caseworker is unavailable. The telephone number must be staffed
 2146  and answered by individuals possessing the knowledge and
 2147  authority necessary to assist caregivers.
 2148         Section 21. Section 409.1453, Florida Statutes, is
 2149  repealed.
 2150         Section 22. Subsection (3) of section 409.175, Florida
 2151  Statutes, is amended to read:
 2152         409.175 Licensure of family foster homes, residential
 2153  child-caring agencies, and child-placing agencies; public
 2154  records exemption.—
 2155         (3)(a) The total number of children placed in a each family
 2156  foster home shall be based on the recommendation of the
 2157  department, or the community-based care lead agency where one is
 2158  providing foster care and related services, based on the needs
 2159  of each child in care, the ability of the foster family to meet
 2160  the individual needs of each child, including any adoptive or
 2161  biological children or young adults remaining in foster care
 2162  living in the home, the amount of safe physical plant space, the
 2163  ratio of active and appropriate adult supervision, and the
 2164  background, experience, and skill of the family foster parents.
 2165         (b) The department must grant a capacity waiver before
 2166  another child may be placed in the home if:
 2167         1. The total number of dependent children in a family
 2168  foster home is six or more; or will exceed five, including the
 2169  family’s own children,
 2170         2. The total number of children in a family foster home,
 2171  including both dependent children and the family’s own children,
 2172  is eight or more.
 2173         (c) Before granting a capacity waiver, the department must
 2174  conduct an assessment of each child to be placed in the home.
 2175  must be completed by a family services counselor and approved in
 2176  writing by the counselor’s supervisor prior to placement of any
 2177  additional children in the home, except that, If the placement
 2178  involves a child whose sibling is already in the home or a child
 2179  who has been in placement in the home previously, the assessment
 2180  must be completed within 72 hours after placement. The
 2181  assessment must assess and document the mental, physical, and
 2182  psychosocial needs of the child and whether those needs will be
 2183  met by placement in the home and recommend the maximum number of
 2184  children in a family foster home that will allow the child’s
 2185  needs to be met.
 2186         (d)(c) For any licensed family foster home, the
 2187  appropriateness of the number of children in the home must be
 2188  reassessed annually as part of the relicensure process. For a
 2189  home with more than eight five children, including the family’s
 2190  own children, if it is determined by the licensure study at the
 2191  time of relicensure that the total number of children in the
 2192  home is appropriate and that there have been no substantive
 2193  licensure violations and no indications of child maltreatment or
 2194  child-on-child sexual abuse within the past 12 months, the
 2195  relicensure of the home may shall not be denied based on the
 2196  total number of children in the home.
 2197         (e) The department may adopt rules to implement this
 2198  subsection.
 2199         Section 23. Section 409.1753, Florida Statutes, is
 2200  repealed.
 2201         Section 24. Subsections (6) and (7) are added to section
 2202  409.987, Florida Statutes, to read:
 2203         409.987 Lead agency procurement; boards; conflicts of
 2204  interest.—
 2205         (6) In communities in which conditions make it not feasible
 2206  to competitively contract with a lead agency, the department may
 2207  collaborate with the local community alliance to establish an
 2208  alternative approach to providing community-based child welfare
 2209  services in the service area that would otherwise be served by a
 2210  lead agency.
 2211         (a) The department and local community alliance shall
 2212  develop a plan that must detail how the community will continue
 2213  to implement community-based care through competitively
 2214  procuring either the specific components of foster care and
 2215  related services or comprehensive services for defined eligible
 2216  populations of children and families from qualified entities as
 2217  part of the community’s efforts to develop the local capacity
 2218  for a community-based system of coordinated care. The plan must
 2219  ensure local control over the management and administration of
 2220  service provision. At a minimum, the plan must describe the
 2221  reasons for the department’s inability to competitively contract
 2222  for lead agency services, the proposed alternative approach to
 2223  providing lead agency services, the entities that will be
 2224  involved in service provision, how local control will be
 2225  maintained, how services will be managed to ensure that federal
 2226  and state requirements are met and outcome goals under s.
 2227  409.986 are achieved, and recommendations for increasing the
 2228  ability of the department to contract with a lead agency in that
 2229  area.
 2230         (b) The department shall submit the plan to the Governor,
 2231  the President of the Senate, and the Speaker of the House of
 2232  Representatives before implementation. The department shall
 2233  submit quarterly updates about the plan’s implementation to the
 2234  Governor, the President of the Senate, and the Speaker of the
 2235  House of Representatives until 2 years after full implementation
 2236  of the plan.
 2237         (7)(a) As used in this subsection, the term:
 2238         1. “Activity” includes, but is not limited to, a contract
 2239  for goods and services, a contract for the purchase of any real
 2240  or tangible property, or an agreement to engage with a lead
 2241  agency for the benefit of a third party in exchange for an
 2242  interest in real or tangible property, a monetary benefit, or an
 2243  in-kind contribution.
 2244         2. “Conflict of interest” means when a board member or an
 2245  officer, or a relative of a board member or an officer, of a
 2246  lead agency does any of the following:
 2247         a. Enters into a contract or other transaction for goods or
 2248  services with the lead agency.
 2249         b. Holds a direct or indirect interest in a corporation,
 2250  limited liability corporation, partnership, limited liability
 2251  partnership, or other business entity that conducts business
 2252  with the lead agency or proposes to enter into a contract or
 2253  other transaction with the lead agency. For purposes of this
 2254  paragraph, the term “indirect interest” has the same meaning as
 2255  in s. 112.312.
 2256         c. Knowingly obtains a direct or indirect personal,
 2257  financial, professional, or other benefit as a result of the
 2258  relationship of such board member or officer, or relative of the
 2259  board member or officer, with the lead agency. For purposes of
 2260  this paragraph, the term “benefit” does not include per diem and
 2261  travel expenses paid or reimbursed to board members or officers
 2262  of the lead agency in connection with their service on the
 2263  board.
 2264         3. “Relative” means a relative within the third degree of
 2265  consanguinity by blood or marriage.
 2266         (b)1. For any activity that is presented to the board of a
 2267  lead agency for its initial consideration and approval after
 2268  July 1, 2021, or any activity that involves a contract that is
 2269  being considered for renewal on or after July 1, 2021, but
 2270  before January 1, 2022, a board member or an officer of a lead
 2271  agency shall disclose to the board any activity that may
 2272  reasonably be construed to be a conflict of interest before such
 2273  activity is initially considered and approved or a contract is
 2274  renewed by the board. A rebuttable presumption of a conflict of
 2275  interest exists if the activity was acted on by the board
 2276  without prior notice as required under paragraph (c).
 2277         2. For contracts with a lead agency which are in existence
 2278  on July 1, 2021, and are not subject to renewal before January
 2279  1, 2022, a board member or an officer of the lead agency shall
 2280  disclose to the board any activity that may reasonably be
 2281  construed to be a conflict of interest under this section by
 2282  December 31, 2021.
 2283         (c)1. If a board member or an officer of a lead agency, or
 2284  a relative of a board member or an officer, proposes to engage
 2285  in an activity as described in subparagraph (b)1., the proposed
 2286  activity must be listed on the meeting agenda for the next
 2287  general or special meeting of the board members, and copies of
 2288  all contracts and transactional documents related to the
 2289  proposed activity must be included in the agenda. The meeting
 2290  agenda must clearly identify the existence of a potential
 2291  conflict of interest for the proposed activity. Before a board
 2292  member or an officer of the lead agency, or a relative of a
 2293  board member or an officer, engages in the proposed activity,
 2294  the activity and contract or other transactional documents must
 2295  be approved by an affirmative vote of two-thirds of all other
 2296  board members present.
 2297         2. If a board member or an officer of the lead agency
 2298  notifies the board of a potential conflict of interest with the
 2299  board member or officer, or a relative of the board member or
 2300  officer, under an existing contract as described in subparagraph
 2301  (b)2., the board must notice the activity on a meeting agenda
 2302  for the next general or special meeting of the board members,
 2303  and copies of all contracts and transactional documents related
 2304  to the activity must be attached. The meeting agenda must
 2305  clearly identify the existence of a potential conflict of
 2306  interest. The board must be given the opportunity to approve or
 2307  disapprove the conflict of interest by a vote of two-thirds of
 2308  all other board members present.
 2309         (d)1. If the board votes against the proposed activity
 2310  under subparagraph (c)1., the board member or officer of the
 2311  lead agency, or the relative of the board member or officer,
 2312  must notify the board in writing of his or her intention, or his
 2313  or her relative’s intention, not to pursue the proposed
 2314  activity, or the board member or officer shall withdraw from
 2315  office before the next scheduled board meeting. If the board
 2316  finds that a board member or officer has violated this
 2317  paragraph, the board member or officer shall be removed from
 2318  office before the next scheduled board meeting.
 2319         2. In the event that the board does not approve a conflict
 2320  of interest as required under subparagraph (c)2., the parties to
 2321  the activity may opt to cancel the activity or, in the
 2322  alternative, the board member or officer of the lead agency must
 2323  resign from the board before the next scheduled board meeting.
 2324  If the activity canceled is a contract, the lead agency is only
 2325  liable for the reasonable value of the goods and services
 2326  provided up to the time of cancellation and is not liable for
 2327  any termination fee, liquidated damages, or other form of
 2328  penalty for such cancellation.
 2329         (e) A board member or an officer of a lead agency, or a
 2330  relative of a board member or an officer, who is a party to, or
 2331  has an interest in, an activity that is a possible conflict of
 2332  interest may attend the meeting at which the activity is
 2333  considered by the board and may make a presentation to the board
 2334  regarding the activity. After the presentation, the board member
 2335  or officer, or the relative of the board member or officer, must
 2336  leave the meeting during the discussion of, and the vote on, the
 2337  activity. A board member or an officer who is a party to, or has
 2338  an interest in, the activity shall recuse himself or herself
 2339  from the vote.
 2340         (f) A contract entered into between a board member or an
 2341  officer of a lead agency, or a relative of a board member or an
 2342  officer, and the lead agency which has not been properly
 2343  disclosed as a conflict of interest or potential conflict of
 2344  interest under this section is voidable and terminates upon the
 2345  filing of a written notice terminating the contract with the
 2346  board of directors which contains the consent of at least 20
 2347  percent of the voting interests of the lead agency.
 2348         Section 25. Subsection (1) of section 409.988, Florida
 2349  Statutes, is amended to read:
 2350         409.988 Lead agency duties; general provisions.—
 2351         (1) DUTIES.—A lead agency:
 2352         (a) Shall serve all children referred as a result of a
 2353  report of abuse, neglect, or abandonment to the department’s
 2354  central abuse hotline, including, but not limited to, children
 2355  who are the subject of verified reports and children who are not
 2356  the subject of verified reports but who are at moderate to
 2357  extremely high risk of abuse, neglect, or abandonment, as
 2358  determined using the department’s risk assessment instrument,
 2359  regardless of the level of funding allocated to the lead agency
 2360  by the state if all related funding is transferred. The lead
 2361  agency may also serve children who have not been the subject of
 2362  reports of abuse, neglect, or abandonment, but who are at risk
 2363  of abuse, neglect, or abandonment, to prevent their entry into
 2364  the child protection and child welfare system.
 2365         (b) Shall provide accurate and timely information necessary
 2366  for oversight by the department pursuant to the child welfare
 2367  results-oriented accountability system required by s. 409.997.
 2368         (c) Shall follow the financial guidelines developed by the
 2369  department and provide for a regular independent auditing of its
 2370  financial activities. Such financial information shall be
 2371  provided to the community alliance established under s.
 2372  20.19(5).
 2373         (d) Shall post on its website the current budget for the
 2374  lead agency, including the salaries, bonuses, and other
 2375  compensation paid, by position, for the agency’s chief executive
 2376  officer, chief financial officer, and chief operating officer,
 2377  or their equivalents.
 2378         (d)(e) Shall prepare all judicial reviews, case plans, and
 2379  other reports necessary for court hearings for dependent
 2380  children, except those related to the investigation of a
 2381  referral from the department’s child abuse hotline, and shall
 2382  submit these documents timely to the department’s attorneys for
 2383  review, any necessary revision, and filing with the court. The
 2384  lead agency shall make the necessary staff available to
 2385  department attorneys for preparation for dependency proceedings,
 2386  and shall provide testimony and other evidence required for
 2387  dependency court proceedings in coordination with the
 2388  department’s attorneys. This duty does not include the
 2389  preparation of legal pleadings or other legal documents, which
 2390  remain the responsibility of the department.
 2391         (e)(f) Shall ensure that all individuals providing care for
 2392  dependent children receive:
 2393         1. Appropriate training and meet the minimum employment
 2394  standards established by the department. Appropriate training
 2395  shall include, but is not limited to, training on the
 2396  recognition of and responses to head trauma and brain injury in
 2397  a child under 6 years of age developed by the Child Protection
 2398  Team Program within the Department of Health.
 2399         2. Contact information for the local mobile response team
 2400  established under s. 394.495.
 2401         (f)(g) Shall maintain eligibility to receive all available
 2402  federal child welfare funds.
 2403         (g) Shall adhere to all best child welfare practices under
 2404  ss. 39.4087, 39.523, 409.1415, and 409.145.
 2405         (h) Shall maintain written agreements with Healthy Families
 2406  Florida lead entities in its service area pursuant to s. 409.153
 2407  to promote cooperative planning for the provision of prevention
 2408  and intervention services.
 2409         (i) Shall comply with federal and state statutory
 2410  requirements and agency rules in the provision of contractual
 2411  services.
 2412         (j) May subcontract for the provision of services required
 2413  by the contract with the lead agency and the department;
 2414  however, the subcontracts must specify how the provider will
 2415  contribute to the lead agency meeting the performance standards
 2416  established pursuant to the child welfare results-oriented
 2417  accountability system required by s. 409.997. The lead agency
 2418  shall directly provide no more than 35 percent of all child
 2419  welfare services provided unless it can demonstrate a need,
 2420  within the lead agency’s geographic service area, to exceed this
 2421  threshold. The local community alliance in the geographic
 2422  service area in which the lead agency is seeking to exceed the
 2423  threshold shall review the lead agency’s justification for need
 2424  and recommend to the department whether the department should
 2425  approve or deny the lead agency’s request for an exemption from
 2426  the services threshold. If there is not a community alliance
 2427  operating in the geographic service area in which the lead
 2428  agency is seeking to exceed the threshold, such review and
 2429  recommendation shall be made by representatives of local
 2430  stakeholders, including at least one representative from each of
 2431  the following:
 2432         1. The department.
 2433         2. The county government.
 2434         3. The school district.
 2435         4. The county United Way.
 2436         5. The county sheriff’s office.
 2437         6. The circuit court corresponding to the county.
 2438         7. The county children’s board, if one exists.
 2439         (k) Shall publish post on its website by the 15th day of
 2440  each month at a minimum the data specified information contained
 2441  in subparagraphs 1.-5., calculated using a standard methodology
 2442  determined by the department, subparagraphs 1.-4. for the
 2443  preceding calendar month regarding its case management services.
 2444  The following information shall be reported by each individual
 2445  subcontracted case management provider, by the lead agency, if
 2446  the lead agency provides case management services, and in total
 2447  for all case management services subcontracted or directly
 2448  provided by the lead agency:
 2449         1. The average caseload of case managers, including only
 2450  filled positions;
 2451         2. The total number and percentage of case managers who
 2452  have 25 or more cases on their caseloads;
 2453         3.2. The turnover rate for case managers and case
 2454  management supervisors for the previous 12 months;
 2455         4.3. The percentage of required home visits completed; and
 2456         5.4. Performance on outcome measures required pursuant to
 2457  s. 409.997 for the previous 12 months.
 2458         (l) Shall identify an employee to serve as a liaison with
 2459  the community alliance and community-based and faith-based
 2460  organizations interested in collaborating with the lead agency
 2461  or offering services or other assistance on a volunteer basis to
 2462  the children and families served by the lead agency. The lead
 2463  agency shall ensure that appropriate lead agency staff and
 2464  subcontractors, including, but not limited to, case managers,
 2465  are informed of the specific services or assistance available
 2466  from community-based and faith-based organizations.
 2467         (m) Shall include the statement “(community-based care lead
 2468  agency name) is a community-based care lead agency contracted
 2469  with the Department of Children and Families” on its website
 2470  and, at a minimum, in its promotional literature, lead agency
 2471  created documents and forms provided to families served by the
 2472  lead agency, business cards, and stationery letterhead.
 2473         Section 26. Subsection (7) of section 409.990, Florida
 2474  Statutes, is renumbered as subsection (8), and a new subsection
 2475  (7) is added to that section, to read:
 2476         409.990 Funding for lead agencies.—A contract established
 2477  between the department and a lead agency must be funded by a
 2478  grant of general revenue, other applicable state funds, or
 2479  applicable federal funding sources.
 2480         (7) If subcontracted service providers must provide
 2481  services that are beyond the contract limits due to increased
 2482  client need or caseload, the lead agencies shall fund the cost
 2483  of increased care.
 2484         Section 27. Subsections (3) through (25) of section
 2485  409.996, Florida Statutes, are renumbered as subsections (5)
 2486  through (27), respectively, subsections (1) and (2) and
 2487  paragraph (d) of present subsection (25) are amended, and new
 2488  subsections (3) and (4) are added to that section, to read:
 2489         409.996 Duties of the Department of Children and Families.
 2490  The department shall contract for the delivery, administration,
 2491  or management of care for children in the child protection and
 2492  child welfare system. In doing so, the department retains
 2493  responsibility for the quality of contracted services and
 2494  programs and shall ensure that, at a minimum, services are
 2495  delivered in accordance with applicable federal and state
 2496  statutes and regulations and the performance standards and
 2497  metrics specified in the strategic plan created under s.
 2498  20.19(1).
 2499         (1) The department shall enter into contracts with lead
 2500  agencies for the performance of the duties by the lead agencies
 2501  established in s. 409.988. At a minimum, the contracts must do
 2502  all of the following:
 2503         (a) Provide for the services needed to accomplish the
 2504  duties established in s. 409.988. and
 2505         (b) Require the lead agency to provide information to the
 2506  department which specifies how the lead agency will adhere to
 2507  all best child welfare practices under ss. 39.4087, 39.523,
 2508  409.1415, and 409.145.
 2509         (c) Provide information to the department which is
 2510  necessary to meet the requirements for a quality assurance
 2511  program under subsection (21) (19) and the child welfare
 2512  results-oriented accountability system under s. 409.997.
 2513         (d)(b) Provide for tiered interventions and graduated
 2514  penalties for failure to comply with contract terms or in the
 2515  event of performance deficiencies. Such interventions and
 2516  penalties shall include, but are not limited to:
 2517         1. Enhanced monitoring and reporting.
 2518         2. Corrective action plans.
 2519         3. Requirements to accept technical assistance and
 2520  consultation from the department under subsection (6) (4).
 2521         4. Financial penalties, which shall require a lead agency
 2522  to reallocate funds from administrative costs to direct care for
 2523  children.
 2524         5. Early termination of contracts, as provided in s.
 2525  402.1705(3)(f).
 2526         (e)(c) Ensure that the lead agency shall furnish current
 2527  and accurate information on its activities in all cases in
 2528  client case records in the state’s statewide automated child
 2529  welfare information system.
 2530         (f)(d) Specify the procedures to be used by the parties to
 2531  resolve differences in interpreting the contract or to resolve
 2532  disputes as to the adequacy of the parties’ compliance with
 2533  their respective obligations under the contract.
 2534         (2) The department must adopt written policies and
 2535  procedures for monitoring the contract for delivery of services
 2536  by lead agencies which must be published posted on the
 2537  department’s website. These policies and procedures must, at a
 2538  minimum, address the evaluation of fiscal accountability and
 2539  program operations, including provider achievement of
 2540  performance standards, provider monitoring of subcontractors,
 2541  and timely followup of corrective actions for significant
 2542  monitoring findings related to providers and subcontractors.
 2543  These policies and procedures must also include provisions for
 2544  reducing the duplication of the department’s program monitoring
 2545  activities both internally and with other agencies, to the
 2546  extent possible. The department’s written procedures must ensure
 2547  that the written findings, conclusions, and recommendations from
 2548  monitoring the contract for services of lead agencies are
 2549  communicated to the director of the provider agency and the
 2550  community alliance as expeditiously as possible.
 2551         (3) The department shall annually conduct a comprehensive,
 2552  multiyear review of the revenues, expenditures, and financial
 2553  position of all community-based care lead agencies which must
 2554  cover the most recent 2 consecutive fiscal years. The review
 2555  must include a comprehensive system-of-care analysis. All
 2556  community-based care lead agencies must develop and maintain a
 2557  plan to achieve financial viability. The department’s review and
 2558  the agency’s plan shall be submitted to the Governor, the
 2559  President of the Senate, and the Speaker of the House of
 2560  Representatives by November 1 of each year.
 2561         (4)(a) The department shall collect and publish on its
 2562  website, and annually update, all of the following information
 2563  for each lead agency under contract with the department:
 2564         1. All compensation earned or awarded, whether paid or
 2565  accrued, regardless of contingency, by position, for any
 2566  employee, and any other person who is compensated through a
 2567  contract for services whose services include those commonly
 2568  associated with a chief executive, chief administrator, or other
 2569  chief officer of a business or corporation, who receives
 2570  compensation from state-appropriated funds in excess of 150
 2571  percent of the annual salary paid to the secretary of the
 2572  department. For purposes of this paragraph, the term “employee”
 2573  has the same meaning as in s. 448.095.
 2574         2. All findings of the review under subsection (3).
 2575         (b) The department shall collect and publish on its
 2576  website, and update monthly, the information required under s.
 2577  409.988(1)(k).
 2578         (27)(25) Subject to an appropriation, for the 2020-2021 and
 2579  2021-2022 fiscal years, the department shall implement a pilot
 2580  project in the Sixth and Thirteenth Judicial Circuits,
 2581  respectively, aimed at improving child welfare outcomes.
 2582         (d) The department shall include the results of the pilot
 2583  projects in the report required in subsection (26) (24) of this
 2584  section. The report must include the department’s findings and
 2585  recommendations relating to the pilot projects.
 2586         Section 28. Paragraph (a) of subsection (4) of section
 2587  828.27, Florida Statutes, is amended to read:
 2588         828.27 Local animal control or cruelty ordinances;
 2589  penalty.—
 2590         (4)(a)1. County-employed animal control officers must, and
 2591  municipally-employed municipally employed animal control
 2592  officers may, successfully complete a 40-hour minimum standards
 2593  training course. Such course must include, but is not limited
 2594  to, training for: animal cruelty investigations, search and
 2595  seizure, animal handling, courtroom demeanor, and civil
 2596  citations. The course curriculum must be approved by the Florida
 2597  Animal Control Association. An animal control officer who
 2598  successfully completes such course shall be issued a certificate
 2599  indicating that he or she has received a passing grade.
 2600         2. County-employed and municipally-employed animal control
 2601  officers must successfully complete the 1-hour training course
 2602  developed by the Department of Children and Families pursuant to
 2603  s. 39.208(5). Animal control officers must be provided with
 2604  opportunities to attend the training during their normal work
 2605  hours.
 2606         3.2. Any animal control officer who is authorized before
 2607  January 1, 1990, by a county or municipality to issue citations
 2608  is not required to complete the minimum standards training
 2609  course.
 2610         4.3. In order to maintain valid certification, every 2
 2611  years each certified animal control officer must complete 4
 2612  hours of postcertification continuing education training. Such
 2613  training may include, but is not limited to, training for:
 2614  animal cruelty investigations, search and seizure, animal
 2615  handling, courtroom demeanor, and civil citations.
 2616         Section 29. Paragraph (c) is added to subsection (6) of
 2617  section 1012.795, Florida Statutes, to read:
 2618         1012.795 Education Practices Commission; authority to
 2619  discipline.—
 2620         (6)
 2621         (c) If the Department of Education determines that any
 2622  instructional personnel or school administrator, as defined in
 2623  s. 1012.01(2) or (3), respectively, has knowingly failed to
 2624  report known or suspected child abuse as required under s.
 2625  39.201, and the Education Practices Commission has issued a
 2626  final order for a previous instance of failure to report by the
 2627  individual, the Education Practices Commission shall, at a
 2628  minimum, suspend the educator certificate of the instructional
 2629  personnel or school administrator for a period of at least 1
 2630  year.
 2631         Section 30. Paragraph (d) of subsection (4) of section
 2632  119.071, Florida Statutes, is amended to read:
 2633         119.071 General exemptions from inspection or copying of
 2634  public records.—
 2635         (4) AGENCY PERSONNEL INFORMATION.—
 2636         (d)1. For purposes of this paragraph, the term:
 2637         a. “Home addresses” means the dwelling location at which an
 2638  individual resides and includes the physical address, mailing
 2639  address, street address, parcel identification number, plot
 2640  identification number, legal property description, neighborhood
 2641  name and lot number, GPS coordinates, and any other descriptive
 2642  property information that may reveal the home address.
 2643         b. “Telephone numbers” includes home telephone numbers,
 2644  personal cellular telephone numbers, personal pager telephone
 2645  numbers, and telephone numbers associated with personal
 2646  communications devices.
 2647         2.a. The home addresses, telephone numbers, dates of birth,
 2648  and photographs of active or former sworn law enforcement
 2649  personnel or of active or former civilian personnel employed by
 2650  a law enforcement agency, including correctional and
 2651  correctional probation officers, personnel of the Department of
 2652  Children and Families whose duties include the investigation of
 2653  abuse, neglect, exploitation, fraud, theft, or other criminal
 2654  activities, personnel of the Department of Health whose duties
 2655  are to support the investigation of child abuse or neglect, and
 2656  personnel of the Department of Revenue or local governments
 2657  whose responsibilities include revenue collection and
 2658  enforcement or child support enforcement; the names, home
 2659  addresses, telephone numbers, photographs, dates of birth, and
 2660  places of employment of the spouses and children of such
 2661  personnel; and the names and locations of schools and day care
 2662  facilities attended by the children of such personnel are exempt
 2663  from s. 119.07(1) and s. 24(a), Art. I of the State
 2664  Constitution.
 2665         b. The home addresses, telephone numbers, dates of birth,
 2666  and photographs of current or former nonsworn investigative
 2667  personnel of the Department of Financial Services whose duties
 2668  include the investigation of fraud, theft, workers’ compensation
 2669  coverage requirements and compliance, other related criminal
 2670  activities, or state regulatory requirement violations; the
 2671  names, home addresses, telephone numbers, dates of birth, and
 2672  places of employment of the spouses and children of such
 2673  personnel; and the names and locations of schools and day care
 2674  facilities attended by the children of such personnel are exempt
 2675  from s. 119.07(1) and s. 24(a), Art. I of the State
 2676  Constitution.
 2677         c. The home addresses, telephone numbers, dates of birth,
 2678  and photographs of current or former nonsworn investigative
 2679  personnel of the Office of Financial Regulation’s Bureau of
 2680  Financial Investigations whose duties include the investigation
 2681  of fraud, theft, other related criminal activities, or state
 2682  regulatory requirement violations; the names, home addresses,
 2683  telephone numbers, dates of birth, and places of employment of
 2684  the spouses and children of such personnel; and the names and
 2685  locations of schools and day care facilities attended by the
 2686  children of such personnel are exempt from s. 119.07(1) and s.
 2687  24(a), Art. I of the State Constitution.
 2688         d. The home addresses, telephone numbers, dates of birth,
 2689  and photographs of current or former firefighters certified in
 2690  compliance with s. 633.408; the names, home addresses, telephone
 2691  numbers, photographs, dates of birth, and places of employment
 2692  of the spouses and children of such firefighters; and the names
 2693  and locations of schools and day care facilities attended by the
 2694  children of such firefighters are exempt from s. 119.07(1) and
 2695  s. 24(a), Art. I of the State Constitution.
 2696         e. The home addresses, dates of birth, and telephone
 2697  numbers of current or former justices of the Supreme Court,
 2698  district court of appeal judges, circuit court judges, and
 2699  county court judges; the names, home addresses, telephone
 2700  numbers, dates of birth, and places of employment of the spouses
 2701  and children of current or former justices and judges; and the
 2702  names and locations of schools and day care facilities attended
 2703  by the children of current or former justices and judges are
 2704  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2705  Constitution.
 2706         f. The home addresses, telephone numbers, dates of birth,
 2707  and photographs of current or former state attorneys, assistant
 2708  state attorneys, statewide prosecutors, or assistant statewide
 2709  prosecutors; the names, home addresses, telephone numbers,
 2710  photographs, dates of birth, and places of employment of the
 2711  spouses and children of current or former state attorneys,
 2712  assistant state attorneys, statewide prosecutors, or assistant
 2713  statewide prosecutors; and the names and locations of schools
 2714  and day care facilities attended by the children of current or
 2715  former state attorneys, assistant state attorneys, statewide
 2716  prosecutors, or assistant statewide prosecutors are exempt from
 2717  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2718         g. The home addresses, dates of birth, and telephone
 2719  numbers of general magistrates, special magistrates, judges of
 2720  compensation claims, administrative law judges of the Division
 2721  of Administrative Hearings, and child support enforcement
 2722  hearing officers; the names, home addresses, telephone numbers,
 2723  dates of birth, and places of employment of the spouses and
 2724  children of general magistrates, special magistrates, judges of
 2725  compensation claims, administrative law judges of the Division
 2726  of Administrative Hearings, and child support enforcement
 2727  hearing officers; and the names and locations of schools and day
 2728  care facilities attended by the children of general magistrates,
 2729  special magistrates, judges of compensation claims,
 2730  administrative law judges of the Division of Administrative
 2731  Hearings, and child support enforcement hearing officers are
 2732  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2733  Constitution.
 2734         h. The home addresses, telephone numbers, dates of birth,
 2735  and photographs of current or former human resource, labor
 2736  relations, or employee relations directors, assistant directors,
 2737  managers, or assistant managers of any local government agency
 2738  or water management district whose duties include hiring and
 2739  firing employees, labor contract negotiation, administration, or
 2740  other personnel-related duties; the names, home addresses,
 2741  telephone numbers, dates of birth, and places of employment of
 2742  the spouses and children of such personnel; and the names and
 2743  locations of schools and day care facilities attended by the
 2744  children of such personnel are exempt from s. 119.07(1) and s.
 2745  24(a), Art. I of the State Constitution.
 2746         i. The home addresses, telephone numbers, dates of birth,
 2747  and photographs of current or former code enforcement officers;
 2748  the names, home addresses, telephone numbers, dates of birth,
 2749  and places of employment of the spouses and children of such
 2750  personnel; and the names and locations of schools and day care
 2751  facilities attended by the children of such personnel are exempt
 2752  from s. 119.07(1) and s. 24(a), Art. I of the State
 2753  Constitution.
 2754         j. The home addresses, telephone numbers, places of
 2755  employment, dates of birth, and photographs of current or former
 2756  guardians ad litem, as defined in s. 39.820; the names, home
 2757  addresses, telephone numbers, dates of birth, and places of
 2758  employment of the spouses and children of such persons; and the
 2759  names and locations of schools and day care facilities attended
 2760  by the children of such persons are exempt from s. 119.07(1) and
 2761  s. 24(a), Art. I of the State Constitution.
 2762         k. The home addresses, telephone numbers, dates of birth,
 2763  and photographs of current or former juvenile probation
 2764  officers, juvenile probation supervisors, detention
 2765  superintendents, assistant detention superintendents, juvenile
 2766  justice detention officers I and II, juvenile justice detention
 2767  officer supervisors, juvenile justice residential officers,
 2768  juvenile justice residential officer supervisors I and II,
 2769  juvenile justice counselors, juvenile justice counselor
 2770  supervisors, human services counselor administrators, senior
 2771  human services counselor administrators, rehabilitation
 2772  therapists, and social services counselors of the Department of
 2773  Juvenile Justice; the names, home addresses, telephone numbers,
 2774  dates of birth, and places of employment of spouses and children
 2775  of such personnel; and the names and locations of schools and
 2776  day care facilities attended by the children of such personnel
 2777  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2778  Constitution.
 2779         l. The home addresses, telephone numbers, dates of birth,
 2780  and photographs of current or former public defenders, assistant
 2781  public defenders, criminal conflict and civil regional counsel,
 2782  and assistant criminal conflict and civil regional counsel; the
 2783  names, home addresses, telephone numbers, dates of birth, and
 2784  places of employment of the spouses and children of current or
 2785  former public defenders, assistant public defenders, criminal
 2786  conflict and civil regional counsel, and assistant criminal
 2787  conflict and civil regional counsel; and the names and locations
 2788  of schools and day care facilities attended by the children of
 2789  current or former public defenders, assistant public defenders,
 2790  criminal conflict and civil regional counsel, and assistant
 2791  criminal conflict and civil regional counsel are exempt from s.
 2792  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2793         m. The home addresses, telephone numbers, dates of birth,
 2794  and photographs of current or former investigators or inspectors
 2795  of the Department of Business and Professional Regulation; the
 2796  names, home addresses, telephone numbers, dates of birth, and
 2797  places of employment of the spouses and children of such current
 2798  or former investigators and inspectors; and the names and
 2799  locations of schools and day care facilities attended by the
 2800  children of such current or former investigators and inspectors
 2801  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2802  Constitution.
 2803         n. The home addresses, telephone numbers, and dates of
 2804  birth of county tax collectors; the names, home addresses,
 2805  telephone numbers, dates of birth, and places of employment of
 2806  the spouses and children of such tax collectors; and the names
 2807  and locations of schools and day care facilities attended by the
 2808  children of such tax collectors are exempt from s. 119.07(1) and
 2809  s. 24(a), Art. I of the State Constitution.
 2810         o. The home addresses, telephone numbers, dates of birth,
 2811  and photographs of current or former personnel of the Department
 2812  of Health whose duties include, or result in, the determination
 2813  or adjudication of eligibility for social security disability
 2814  benefits, the investigation or prosecution of complaints filed
 2815  against health care practitioners, or the inspection of health
 2816  care practitioners or health care facilities licensed by the
 2817  Department of Health; the names, home addresses, telephone
 2818  numbers, dates of birth, and places of employment of the spouses
 2819  and children of such personnel; and the names and locations of
 2820  schools and day care facilities attended by the children of such
 2821  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2822  the State Constitution.
 2823         p. The home addresses, telephone numbers, dates of birth,
 2824  and photographs of current or former impaired practitioner
 2825  consultants who are retained by an agency or current or former
 2826  employees of an impaired practitioner consultant whose duties
 2827  result in a determination of a person’s skill and safety to
 2828  practice a licensed profession; the names, home addresses,
 2829  telephone numbers, dates of birth, and places of employment of
 2830  the spouses and children of such consultants or their employees;
 2831  and the names and locations of schools and day care facilities
 2832  attended by the children of such consultants or employees are
 2833  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2834  Constitution.
 2835         q. The home addresses, telephone numbers, dates of birth,
 2836  and photographs of current or former emergency medical
 2837  technicians or paramedics certified under chapter 401; the
 2838  names, home addresses, telephone numbers, dates of birth, and
 2839  places of employment of the spouses and children of such
 2840  emergency medical technicians or paramedics; and the names and
 2841  locations of schools and day care facilities attended by the
 2842  children of such emergency medical technicians or paramedics are
 2843  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2844  Constitution.
 2845         r. The home addresses, telephone numbers, dates of birth,
 2846  and photographs of current or former personnel employed in an
 2847  agency’s office of inspector general or internal audit
 2848  department whose duties include auditing or investigating waste,
 2849  fraud, abuse, theft, exploitation, or other activities that
 2850  could lead to criminal prosecution or administrative discipline;
 2851  the names, home addresses, telephone numbers, dates of birth,
 2852  and places of employment of spouses and children of such
 2853  personnel; and the names and locations of schools and day care
 2854  facilities attended by the children of such personnel are exempt
 2855  from s. 119.07(1) and s. 24(a), Art. I of the State
 2856  Constitution.
 2857         s. The home addresses, telephone numbers, dates of birth,
 2858  and photographs of current or former directors, managers,
 2859  supervisors, nurses, and clinical employees of an addiction
 2860  treatment facility; the home addresses, telephone numbers,
 2861  photographs, dates of birth, and places of employment of the
 2862  spouses and children of such personnel; and the names and
 2863  locations of schools and day care facilities attended by the
 2864  children of such personnel are exempt from s. 119.07(1) and s.
 2865  24(a), Art. I of the State Constitution. For purposes of this
 2866  sub-subparagraph, the term “addiction treatment facility” means
 2867  a county government, or agency thereof, that is licensed
 2868  pursuant to s. 397.401 and provides substance abuse prevention,
 2869  intervention, or clinical treatment, including any licensed
 2870  service component described in s. 397.311(26).
 2871         t. The home addresses, telephone numbers, dates of birth,
 2872  and photographs of current or former directors, managers,
 2873  supervisors, and clinical employees of a child advocacy center
 2874  that meets the standards of s. 39.3035(2) s. 39.3035(1) and
 2875  fulfills the screening requirement of s. 39.3035(3) s.
 2876  39.3035(2), and the members of a Child Protection Team as
 2877  described in s. 39.303 whose duties include supporting the
 2878  investigation of child abuse or sexual abuse, child abandonment,
 2879  child neglect, and child exploitation or to provide services as
 2880  part of a multidisciplinary case review team; the names, home
 2881  addresses, telephone numbers, photographs, dates of birth, and
 2882  places of employment of the spouses and children of such
 2883  personnel and members; and the names and locations of schools
 2884  and day care facilities attended by the children of such
 2885  personnel and members are exempt from s. 119.07(1) and s. 24(a),
 2886  Art. I of the State Constitution.
 2887         3. An agency that is the custodian of the information
 2888  specified in subparagraph 2. and that is not the employer of the
 2889  officer, employee, justice, judge, or other person specified in
 2890  subparagraph 2. shall maintain the exempt status of that
 2891  information only if the officer, employee, justice, judge, other
 2892  person, or employing agency of the designated employee submits a
 2893  written request for maintenance of the exemption to the
 2894  custodial agency.
 2895         4. An officer, an employee, a justice, a judge, or other
 2896  person specified in subparagraph 2. may submit a written request
 2897  for the release of his or her exempt information to the
 2898  custodial agency. The written request must be notarized and must
 2899  specify the information to be released and the party that is
 2900  authorized to receive the information. Upon receipt of the
 2901  written request, the custodial agency shall release the
 2902  specified information to the party authorized to receive such
 2903  information.
 2904         5. The exemptions in this paragraph apply to information
 2905  held by an agency before, on, or after the effective date of the
 2906  exemption.
 2907         6. This paragraph is subject to the Open Government Sunset
 2908  Review Act in accordance with s. 119.15 and shall stand repealed
 2909  on October 2, 2024, unless reviewed and saved from repeal
 2910  through reenactment by the Legislature.
 2911         Section 31. Paragraph (g) of subsection (2) of section
 2912  934.03, Florida Statutes, is amended to read:
 2913         934.03 Interception and disclosure of wire, oral, or
 2914  electronic communications prohibited.—
 2915         (2)
 2916         (g) It is lawful under this section and ss. 934.04-934.09
 2917  for an employee of:
 2918         1. An ambulance service licensed pursuant to s. 401.25, a
 2919  fire station employing firefighters as defined by s. 633.102, a
 2920  public utility, a law enforcement agency as defined by s.
 2921  934.02(10), or any other entity with published emergency
 2922  telephone numbers;
 2923         2. An agency operating an emergency telephone number “911”
 2924  system established pursuant to s. 365.171; or
 2925         3. The central abuse hotline operated under s. 39.101
 2926  pursuant to s. 39.201
 2927  
 2928  to intercept and record incoming wire communications; however,
 2929  such employee may intercept and record incoming wire
 2930  communications on designated “911” telephone numbers and
 2931  published nonemergency telephone numbers staffed by trained
 2932  dispatchers at public safety answering points only. It is also
 2933  lawful for such employee to intercept and record outgoing wire
 2934  communications to the numbers from which such incoming wire
 2935  communications were placed when necessary to obtain information
 2936  required to provide the emergency services being requested. For
 2937  the purpose of this paragraph, the term “public utility” has the
 2938  same meaning as provided in s. 366.02 and includes a person,
 2939  partnership, association, or corporation now or hereafter owning
 2940  or operating equipment or facilities in the state for conveying
 2941  or transmitting messages or communications by telephone or
 2942  telegraph to the public for compensation.
 2943         Section 32. Except as otherwise expressly provided in this
 2944  act, this act shall take effect July 1, 2021.

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