Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1346
       
       
       
       
       
       
                                Barcode 597420                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2011           .                                
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       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1356 and 1357
    4  insert:
    5         Section 38. Sections 39.0015, 39.305, 39.311, 39.312,
    6  39.313, 39.314, 39.315, 39.316, 39.317, 39.318, 39.816, 39.817,
    7  383.0115, 393.22, 393.503, 394.922, 402.3045, 402.50, 402.55,
    8  409.1672, 409.1673, 409.1685, 409.801, 409.802, and 409.803,
    9  Florida Statutes, are repealed.
   10         Section 39. Paragraph (a) of subsection (4) of section
   11  20.195, Florida Statutes, is amended to read:
   12         20.195 Department of Children and Family Services; trust
   13  funds.—The following trust funds shall be administered by the
   14  Department of Children and Family Services:
   15         (4) Domestic Violence Trust Fund.
   16         (a) Funds to be credited to and uses of the trust fund
   17  shall be administered in accordance with the provisions of s.
   18  28.101, part XII XIII of chapter 39, and chapter 741.
   19         Section 40. Subsection (1) of section 39.00145, Florida
   20  Statutes, is amended to read:
   21         39.00145 Records concerning children.—
   22         (1) The case record of every child under the supervision of
   23  or in the custody of the department, the department’s authorized
   24  agents, or providers contracting with the department, including
   25  community-based care lead agencies and their subcontracted
   26  providers, must be maintained in a complete and accurate manner.
   27  The case record must contain, at a minimum, the child’s case
   28  plan required under part VII VIII of this chapter and the full
   29  name and street address of all shelters, foster parents, group
   30  homes, treatment facilities, or locations where the child has
   31  been placed.
   32         Section 41. Subsection (10) of section 39.0121, Florida
   33  Statutes, is amended to read:
   34         39.0121 Specific rulemaking authority.—Pursuant to the
   35  requirements of s. 120.536, the department is specifically
   36  authorized to adopt, amend, and repeal administrative rules
   37  which implement or interpret law or policy, or describe the
   38  procedure and practice requirements necessary to implement this
   39  chapter, including, but not limited to, the following:
   40         (10) The Family Builders Program, the Intensive Crisis
   41  Counseling Program, and any other early intervention programs
   42  and kinship care assistance programs.
   43         Section 42. Paragraph (a) of subsection (15) of section
   44  39.301, Florida Statutes, is amended to read:
   45         39.301 Initiation of protective investigations.—
   46         (15)(a) If the department or its agent determines that a
   47  child requires immediate or long-term protection through:
   48         1. Medical or other health care; or
   49         2. Homemaker care, day care, protective supervision, or
   50  other services to stabilize the home environment, including
   51  intensive family preservation services through the Family
   52  Builders Program or the Intensive Crisis Counseling Program, or
   53  both,
   54  
   55  such services shall first be offered for voluntary acceptance
   56  unless there are high-risk factors that may impact the ability
   57  of the parents or legal custodians to exercise judgment. Such
   58  factors may include the parents’ or legal custodians’ young age
   59  or history of substance abuse or domestic violence.
   60         Section 43. Section 39.3031, Florida Statutes, is amended
   61  to read:
   62         39.3031 Rules for implementation of s. ss. 39.303 and
   63  39.305.—The Department of Health, in consultation with the
   64  Department of Children and Family Services, shall adopt rules
   65  governing the child protection teams and the sexual abuse
   66  treatment program pursuant to s. ss. 39.303 and 39.305,
   67  including definitions, organization, roles and responsibilities,
   68  eligibility, services and their availability, qualifications of
   69  staff, and a waiver-request process.
   70         Section 44. Subsection (13) of section 49.011, Florida
   71  Statutes, is amended to read:
   72         49.011 Service of process by publication; cases in which
   73  allowed.—Service of process by publication may be made in any
   74  court on any party identified in s. 49.021 in any action or
   75  proceeding:
   76         (13) For termination of parental rights pursuant to part
   77  VIII IX of chapter 39 or chapter 63.
   78         Section 45. Subsection (18) of section 381.006, Florida
   79  Statutes, is amended to read:
   80         381.006 Environmental health.—The department shall conduct
   81  an environmental health program as part of fulfilling the
   82  state’s public health mission. The purpose of this program is to
   83  detect and prevent disease caused by natural and manmade factors
   84  in the environment. The environmental health program shall
   85  include, but not be limited to:
   86         (18) A food service inspection function for domestic
   87  violence centers that are certified and monitored by the
   88  Department of Children and Family Services under part XII XIII
   89  of chapter 39 and group care homes as described in subsection
   90  (16), which shall be conducted annually and be limited to the
   91  requirements in department rule applicable to community-based
   92  residential facilities with five or fewer residents.
   93  
   94  The department may adopt rules to carry out the provisions of
   95  this section.
   96         Section 46. Paragraph (b) of subsection (1) of section
   97  381.0072, Florida Statutes, is amended to read:
   98         381.0072 Food service protection.—It shall be the duty of
   99  the Department of Health to adopt and enforce sanitation rules
  100  consistent with law to ensure the protection of the public from
  101  food-borne illness. These rules shall provide the standards and
  102  requirements for the storage, preparation, serving, or display
  103  of food in food service establishments as defined in this
  104  section and which are not permitted or licensed under chapter
  105  500 or chapter 509.
  106         (1) DEFINITIONS.—As used in this section, the term:
  107         (b) “Food service establishment” means detention
  108  facilities, public or private schools, migrant labor camps,
  109  assisted living facilities, adult family-care homes, adult day
  110  care centers, short-term residential treatment centers,
  111  residential treatment facilities, homes for special services,
  112  transitional living facilities, crisis stabilization units,
  113  hospices, prescribed pediatric extended care centers,
  114  intermediate care facilities for persons with developmental
  115  disabilities, boarding schools, civic or fraternal
  116  organizations, bars and lounges, vending machines that dispense
  117  potentially hazardous foods at facilities expressly named in
  118  this paragraph, and facilities used as temporary food events or
  119  mobile food units at any facility expressly named in this
  120  paragraph, where food is prepared and intended for individual
  121  portion service, including the site at which individual portions
  122  are provided, regardless of whether consumption is on or off the
  123  premises and regardless of whether there is a charge for the
  124  food. The term does not include any entity not expressly named
  125  in this paragraph; nor does the term include a domestic violence
  126  center certified and monitored by the Department of Children and
  127  Family Services under part XII XIII of chapter 39 if the center
  128  does not prepare and serve food to its residents and does not
  129  advertise food or drink for public consumption.
  130         Section 47. Paragraph (b) of subsection (2) of section
  131  390.01114, Florida Statutes, is amended to read:
  132         390.01114 Parental Notice of Abortion Act.—
  133         (2) DEFINITIONS.—As used in this section, the term:
  134         (b) “Child abuse” means abandonment, abuse, harm, mental
  135  injury, neglect, physical injury, or sexual abuse of a child as
  136  those terms are defined in ss. 39.01, 827.04, and 984.03 has the
  137  same meaning as s. 39.0015(3).
  138         Section 48. Section 409.1685, Florida Statutes, is amended
  139  to read:
  140         409.1685 Children in foster care; annual report to
  141  Legislature.—The Department of Children and Family Services
  142  shall submit a written report to the Governor and the
  143  Legislature concerning the status of children in foster care and
  144  the judicial review mandated by part IX X of chapter 39. The
  145  report shall be submitted by May 1 of each year and must include
  146  the following information for the prior calendar year:
  147         (1) The number of 6-month and annual judicial reviews
  148  completed during that period.
  149         (2) The number of children in foster care returned to a
  150  parent, guardian, or relative as a result of a 6-month or annual
  151  judicial review hearing during that period.
  152         (3) The number of termination of parental rights
  153  proceedings instituted during that period, including:
  154         (a) The number of termination of parental rights
  155  proceedings initiated pursuant to former s. 39.703; and
  156         (b) The total number of terminations of parental rights
  157  ordered.
  158         (4) The number of foster care children placed for adoption.
  159         Section 49. Paragraph (a) of subsection (3) of section
  160  411.01013, Florida Statutes, is amended to read:
  161         411.01013 Prevailing market rate schedule.—
  162         (3) The prevailing market rate schedule, at a minimum,
  163  must:
  164         (a) Differentiate rates by type, including, but not limited
  165  to, a child care provider that holds a Gold Seal Quality Care
  166  designation under s. 402.281, a child care facility licensed
  167  under s. 402.305, a public or nonpublic school exempt from
  168  licensure under s. 402.3025, a faith-based child care facility
  169  exempt from licensure under s. 402.316 that does not hold a Gold
  170  Seal Quality Care designation, a large family child care home
  171  licensed under s. 402.3131, or a family day care home licensed
  172  or registered under s. 402.313, or an after-school program that
  173  is not defined as child care under rules adopted pursuant to s.
  174  402.3045.
  175         Section 50. Paragraph (j) of subsection (2) of section
  176  753.03, Florida Statutes, is redesignated as paragraph (i), and
  177  present paragraph (i) of that subsection is amended to read:
  178         753.03 Standards for supervised visitation and supervised
  179  exchange programs.—
  180         (2) The clearinghouse shall use an advisory board to assist
  181  in developing the standards. The advisory board must include:
  182         (i)A representative of the Commission on Marriage and
  183  Family Support Initiatives.
  184         Section 51. Subsection (4) of section 877.22, Florida
  185  Statutes, is amended to read:
  186         877.22 Minors prohibited in public places and
  187  establishments during certain hours; penalty; procedure.—
  188         (4) If a minor violates a curfew and is taken into custody,
  189  the minor shall be transported immediately to a police station
  190  or to a facility operated by a religious, charitable, or civic
  191  organization that conducts a curfew program in cooperation with
  192  a local law enforcement agency. After recording pertinent
  193  information about the minor, the law enforcement agency shall
  194  attempt to contact the parent of the minor and, if successful,
  195  shall request that the parent take custody of the minor and
  196  shall release the minor to the parent. If the law enforcement
  197  agency is not able to contact the minor’s parent within 2 hours
  198  after the minor is taken into custody, or if the parent refuses
  199  to take custody of the minor, the law enforcement agency may
  200  transport the minor to her or his residence or proceed as
  201  authorized under part IV V of chapter 39.
  202  
  203  ================= T I T L E A M E N D M E N T ================
  204  And the title is amended as follows:
  205  
  206         Delete line 79
  207  and insert:
  208         asbestos surveyors; repealing s. 39.0015, F.S.,
  209         relating to child abuse prevention training in the
  210         district school system; repealing s. 39.305, F.S.,
  211         relating to the development by the Department of
  212         Children and Family Services of a model plan for
  213         community intervention and treatment in intrafamily
  214         sexual abuse cases; repealing ss. 39.311, 39.312,
  215         39.313, 39.314, 39.315, 39.316, 39.317, and 39.318,
  216         F.S., relating to the Family Builders Program;
  217         repealing 39.816, F.S., relating to authorization for
  218         pilot and demonstration projects; repealing s. 39.817,
  219         F.S., relating to a foster care privatization
  220         demonstration project; repealing s. 383.0115, F.S.,
  221         relating to the Commission on Marriage and Family
  222         Support Initiatives; repealing s. 393.22, F.S.,
  223         relating to financial commitment to community services
  224         programs; repealing s. 393.503, F.S., relating to
  225         respite and family care subsidy expenditures and
  226         funding recommendations; repealing s. 394.922, F.S.,
  227         relating to constitutional requirements regarding
  228         long-term control, care, and treatment of sexually
  229         violent predators; repealing s. 402.3045, F.S.,
  230         relating to a requirement that the Department of
  231         Children and Family Services adopt distinguishable
  232         definitions of child care programs by rule; repealing
  233         s. 402.50, F.S., relating to the development of
  234         administrative infrastructure standards by the
  235         Department of Children and Family Services; repealing
  236         s. 402.55, F.S., relating to the management fellows
  237         program; repealing s. 409.1672, F.S., relating to
  238         performance incentives for department employees with
  239         respect to the child welfare system; repealing s.
  240         409.1673, F.S., relating to legislative findings
  241         regarding the foster care system and the development
  242         of alternate care plans; repealing s. 409.1685, F.S.,
  243         relating to an annual report to the Legislature by the
  244         Department of Children and Family Services with
  245         respect to children in foster care; repealing ss.
  246         409.801 and 409.802, F.S., relating to the Family
  247         Policy Act; repealing s. 409.803, F.S., relating to
  248         pilot programs to provide shelter and foster care
  249         services to dependent children; amending ss. 20.195,
  250         39.00145, 39.0121, 39.301, 39.3031, 49.011, 381.006,
  251         381.0072, 390.01114, 409.1685, 411.01013, 753.03, and
  252         877.22, F.S.; conforming references to changes made by
  253         the act; providing an effective date.