Florida Senate - 2024                             CS for SB 1486
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Collins
       
       
       
       
       586-02421-24                                          20241486c1
    1                        A bill to be entitled                      
    2         An act relating to permanency for children; amending
    3         s. 39.01, F.S.; defining the term “visitor”; amending
    4         s. 39.0138, F.S.; renaming the “State Automated Child
    5         Welfare Information System” as the “Comprehensive
    6         Child Welfare Information System”; requiring the
    7         Department of Children and Families to conduct a
    8         criminal history records check of certain persons;
    9         defining the term “emergency placement”; requiring
   10         certain persons to submit their fingerprints to the
   11         department or other specified entities; requiring the
   12         department or such entities to submit such
   13         fingerprints to the Department of Law Enforcement for
   14         state processing within a specified timeframe;
   15         requiring the Department of Law Enforcement to forward
   16         such fingerprints to the Federal Bureau of
   17         Investigation within a specified timeframe; requiring
   18         that a child be immediately removed from a home if
   19         certain persons fail to provide their fingerprints and
   20         are not otherwise exempt from a criminal history
   21         records check; creating s. 39.5035, F.S.; providing
   22         procedures and requirements relating to deceased
   23         parents of a dependent child; amending s. 39.521,
   24         F.S.; conforming provisions to changes made by the
   25         act; amending s. 39.522, F.S.; authorizing certain
   26         persons to remove a child from a court-ordered
   27         placement under certain circumstances; requiring the
   28         Department of Children and Families to file a
   29         specified motion, and the court to set a hearing,
   30         within specified timeframes under certain
   31         circumstances; requiring a certain determination by
   32         the court to support immediate removal of a child;
   33         authorizing the court to base its determination on
   34         certain evidence; requiring the court to enter certain
   35         orders and conduct certain hearings under certain
   36         circumstances; amending s. 39.6221, F.S.; revising a
   37         requisite condition for placing a child in a permanent
   38         guardianship; amending s. 39.6225, F.S.; revising
   39         eligibility for payments under the Guardianship
   40         Assistance Program; amending s. 39.801, F.S.;
   41         providing that service of process is not necessary
   42         under certain circumstances; amending s. 39.812, F.S.;
   43         authorizing the court to review the departments’
   44         denial of an application to adopt a child; requiring
   45         the department to file written notification of its
   46         denial with the court and provide copies to certain
   47         persons within a specified timeframe; authorizing a
   48         denied applicant to file a motion to review such
   49         denial within a specified timeframe; establishing
   50         requirements for standing; requiring the court to hold
   51         a hearing within a specified timeframe; providing
   52         standing to certain persons; authorizing certain
   53         persons to participate in the hearing under certain
   54         circumstances; requiring the court to enter an order
   55         within a specified timeframe; providing an exception
   56         to authorize the department to remove a child from his
   57         or her foster home or custodian; requiring the
   58         department or its contracted child-placing agency to
   59         conduct certain postadoption duties; conforming
   60         provisions to changes made by the act; amending s.
   61         63.032, F.S.; revising a definition; amending s.
   62         63.039, F.S; requiring private adoptions to be
   63         reported to the department; amending s. 63.062, F.S.;
   64         conforming provisions to changes made by the act;
   65         amending s. 63.093, F.S.; requiring the department to
   66         contract with one or more child-placing agencies to
   67         provide adoption services; authorizing such agency to
   68         subcontract with other entities to provide certain
   69         duties; requiring that an adoptive home study be
   70         updated every 12 months after the date on which the
   71         first study was approved; requiring the department to
   72         adopt certain rules; requiring the department to
   73         submit an annual report to the Governor and
   74         Legislature by a specified date; conforming provisions
   75         to changes made by the act; amending s. 63.097, F.S.;
   76         revising and prohibiting certain fees; amending s.
   77         63.132, F.S.; providing that any affidavit seeking
   78         certain fees, costs, or expenses is unreasonable;
   79         requiring a court order approving fees, costs, or
   80         expenses that exceed a certain amount to include
   81         certain evidence; requiring that such order include
   82         certain evidence; amending s. 409.1451, F.S.; revising
   83         the age requirements for receiving postsecondary
   84         education services and support; revising the
   85         requirements for receiving aftercare services;
   86         amending s. 409.166, F.S.; revising the age
   87         requirements for receiving adoption assistance;
   88         repealing s. 409.1662, F.S., relating to children
   89         within the child welfare system and the adoption
   90         incentive program; amending s. 409.1664, F.S.;
   91         defining terms; providing certain adoption benefits to
   92         health care practitioners and tax collector employees;
   93         specifying methods for such persons to apply for such
   94         benefits; increasing the amount of monetary adoption
   95         benefits certain persons are eligible to receive;
   96         conforming provisions to changes made by the act;
   97         amending s. 409.167, F.S.; providing requirements for
   98         the statewide adoption exchange and its photo listing
   99         component; authorizing only certain persons to access
  100         such photo listing component; requiring consultation
  101         with children of a certain age during development of
  102         their description; conforming provisions to changes
  103         made by the act; amending s. 409.988, F.S.; revising
  104         the list of children a community-based care lead
  105         agency must serve; providing effective dates.
  106          
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Subsection (88) is added to section 39.01,
  110  Florida Statutes, to read:
  111         39.01 Definitions.—When used in this chapter, unless the
  112  context otherwise requires:
  113         (88)Visitor means a person who:
  114         (a)Provides care or supervision to a child in the home; or
  115         (b)Is 12 years of age or older, other than a child in
  116  care, and who will be in the childs home at least:
  117         1.Five consecutive days; or
  118         2.Seven days or more in 1 month.
  119         Section 2. Subsections (1) and (5) of section 39.0138,
  120  Florida Statutes, are amended to read:
  121         39.0138 Criminal history and other records checks; limit on
  122  placement of a child.—
  123         (1) The department shall conduct a records check through
  124  the Comprehensive State Automated Child Welfare Information
  125  System (SACWIS) and a local and statewide criminal history
  126  records check on all persons, including parents, being
  127  considered by the department for placement of a child under this
  128  chapter, including all nonrelative placement decisions, and all
  129  members of the household, 12 years of age and older, of the
  130  person being considered. For purposes of this section, a
  131  criminal history records check may include, but is not limited
  132  to, submission of fingerprints to the Department of Law
  133  Enforcement for processing and forwarding to the Federal Bureau
  134  of Investigation for state and national criminal history
  135  information, and local criminal records checks through local law
  136  enforcement agencies of all household members 18 years of age
  137  and older and other visitors 18 years of age and older to the
  138  home. An out-of-state criminal history records check must be
  139  initiated for any person 18 years of age or older who resided in
  140  another state if that state allows the release of such records.
  141  The department must complete the records check within 14
  142  business days after receiving a person’s criminal history
  143  results, unless additional information is required to complete
  144  the processing. The department shall establish by rule standards
  145  for evaluating any information contained in the automated system
  146  relating to a person who must be screened for purposes of making
  147  a placement decision.
  148         (5)(a)If a child has been sheltered pursuant to s. 39.402
  149  and must be placed in out-of-home care in an emergency
  150  placement, the department must conduct a name-based check of
  151  criminal history records to ascertain if the person with whom
  152  placement of the child is being considered and any other adult
  153  household members or visitors of the home of such person are
  154  disqualified. For the purposes of this subsection, the term
  155  “emergency placement” refers to when the department is placing a
  156  child in the home of private individuals, including neighbors,
  157  friends, or relatives, as a result of an immediate removal
  158  pursuant to s. 39.402.
  159         (b) The department may place a child in the a home if the
  160  person with whom placement of the child is being considered and
  161  any other adult household members or visitors of the home are
  162  not disqualified by the name-based check, but, unless exempt,
  163  such persons must submit a full set of fingerprints to the
  164  department, to a vendor, an entity, or an agency authorized
  165  under s. 943.053(13). Unless exempt, within 7 calendar days
  166  after the name-based check, the department, vendor, entity, or
  167  agency must submit the fingerprints to the Department of Law
  168  Enforcement for state processing. Within 15 calendar days after
  169  the name-based check is conducted, the Department of Law
  170  Enforcement shall forward the fingerprints to the Federal Bureau
  171  of Investigation for national processing that otherwise meets
  172  placement requirements if a name check of state and local
  173  criminal history records systems does not disqualify the
  174  applicant and if the department submits fingerprints to the
  175  Department of Law Enforcement for forwarding to the Federal
  176  Bureau of Investigation and is awaiting the results of the state
  177  and national criminal history records check.
  178         (c)The department shall seek a court order to immediately
  179  remove the child from the home if the person with whom the child
  180  was placed or any other adult household members or visitors of
  181  the home fail to provide their fingerprints within 15 calendar
  182  days after the name-based check is conducted if such persons are
  183  not exempt from a criminal history records check.
  184         Section 3. Section 39.5035, Florida Statutes, is created to
  185  read:
  186         39.5035 Deceased parents; special procedures.—
  187         (1)(a)1.If both parents of a child are deceased or the
  188  last known living parent of a child is deceased and a legal
  189  custodian has not been appointed for the child through a probate
  190  or guardianship proceeding, an attorney for the department or
  191  any other person who has knowledge of the facts alleged or is
  192  informed of the alleged facts, and believes them to be true, may
  193  initiate a proceeding by filing a petition for adjudication and
  194  permanent commitment.
  195         2.If a child has been placed in shelter status by order of
  196  the court but has not yet been adjudicated, a petition for
  197  adjudication and permanent commitment must be filed within 21
  198  days after the shelter hearing. In all other cases, the petition
  199  must be filed within a reasonable time after the date the
  200  petitioner first becomes aware of the facts supporting the
  201  petition for adjudication and permanent commitment.
  202         (b)If both parents die or the last known living parent
  203  dies after a child has already been adjudicated dependent, an
  204  attorney for the department or any other person who has
  205  knowledge of the facts alleged or is informed of the alleged
  206  facts, and believes them to be true, may file a petition for
  207  permanent commitment. The petition must be filed within a
  208  reasonable time after the petitioner first becomes aware of the
  209  facts that support the petition for permanent commitment.
  210         (2)The petition must:
  211         (a)Be in writing, identify the alleged deceased parents,
  212  and provide facts that establish that both parents of the child
  213  are deceased or the last known living parent is deceased and
  214  that a legal custodian has not been appointed for the child
  215  through a probate or guardianship proceeding.
  216         (b)Be signed by the petitioner under oath stating the
  217  petitioner’s good faith in filing the petition.
  218         (3)When a petition for adjudication and permanent
  219  commitment or a petition for permanent commitment has been
  220  filed, the clerk of court shall set the case before the court
  221  for an adjudicatory hearing. The adjudicatory hearing must be
  222  held as soon as practicable after the petition is filed, but no
  223  later than 30 days after the filing date.
  224         (4)Notice of the date, time, and place of the adjudicatory
  225  hearing and a copy of the petition must be served on the
  226  following persons:
  227         (a)Any person who has physical custody of the child.
  228         (b)A living relative of each parent of the child, unless a
  229  living relative cannot be found after a diligent search or
  230  inquiry.
  231         (c)The guardian ad litem for the child or the
  232  representative of the guardian ad litem program, if the program
  233  has been appointed.
  234         (5)The court shall conduct adjudicatory hearings without a
  235  jury and apply the rules of evidence in use in civil cases,
  236  adjourning the hearings as necessary. The court shall determine
  237  whether the petitioner has established by clear and convincing
  238  evidence that both parents of the child are deceased, or that
  239  the last known living parent is deceased and the other parent
  240  cannot be found after a diligent search or inquiry, and that a
  241  legal custodian has not been appointed for the child through a
  242  probate or guardianship proceeding. A certified copy of the
  243  death certificate for each parent is sufficient evidence of the
  244  parents’ deaths.
  245         (6)Within 30 days after an adjudicatory hearing on a
  246  petition for adjudication and permanent commitment:
  247         (a)If the court finds that the petitioner has met the
  248  clear and convincing standard, the court must enter a written
  249  order adjudicating the child dependent and permanently
  250  committing the child to the custody of the department for the
  251  purpose of adoption. A disposition hearing must be scheduled no
  252  later than 30 days after the entry of the order, in which the
  253  department must provide a case plan that identifies the
  254  permanency goal for the child to the court. Reasonable efforts
  255  must be made to place the child in a timely manner in accordance
  256  with the permanency plan and to complete all steps necessary to
  257  finalize the permanent placement of the child. Thereafter, until
  258  the adoption of the child is finalized or the child reaches the
  259  age of 18 years, whichever occurs first, the court must hold
  260  hearings every 6 months to review the progress being made toward
  261  permanency for the child.
  262         (b)If the court finds that clear and convincing evidence
  263  does not establish that both parents of a child are deceased, or
  264  that the last known living parent is deceased and the other
  265  parent cannot be found after a diligent search or inquiry, and
  266  that a legal custodian has not been appointed for the child
  267  through a probate or guardianship proceeding, but that a
  268  preponderance of the evidence establishes that the child does
  269  not have a parent or legal custodian capable of providing
  270  supervision or care, the court must enter a written order
  271  adjudicating the child dependent. A disposition hearing must be
  272  scheduled no later than 30 days after the entry of the order as
  273  provided in s. 39.521.
  274         (c)If the court finds that the petitioner has not met the
  275  clear and convincing standard and that a preponderance of the
  276  evidence does not establish that the child does not have a
  277  parent or legal custodian capable of providing supervision or
  278  care, the court must enter a written order so finding and
  279  dismiss the petition.
  280         (7)Within 30 days after an adjudicatory hearing on a
  281  petition for permanent commitment:
  282         (a)If the court finds that the petitioner has met the
  283  clear and convincing standard, the court must enter a written
  284  order permanently committing the child to the custody of the
  285  department for purposes of adoption. A disposition hearing must
  286  be scheduled no later than 30 days after the entry of the order,
  287  in which the department must provide an amended case plan that
  288  identifies the permanency goal for the child to the court.
  289  Reasonable efforts must be made to place the child in a timely
  290  manner in accordance with the permanency plan and to complete
  291  all steps necessary to finalize the permanent placement of the
  292  child. Thereafter, until the adoption of the child is finalized
  293  or the child reaches the age of 18 years, whichever occurs
  294  first, the court must hold hearings every 6 months to review the
  295  progress being made toward permanency for the child.
  296         (b)If the court finds that clear and convincing evidence
  297  does not establish that both parents of a child are deceased or
  298  that the last known living parent is deceased and the other
  299  parent cannot be found after a diligent search or inquiry, the
  300  court must enter a written order denying the petition. The order
  301  has no effect on the child’s prior adjudication. The order does
  302  not bar the petitioner from filing a subsequent petition for
  303  permanent commitment based on newly discovered evidence that
  304  establishes that both parents of a child are deceased, or that
  305  the last known living parent is deceased, and that a legal
  306  custodian has not been appointed for the child through a probate
  307  or guardianship proceeding.
  308         Section 4. Paragraph (o) of subsection (2) of section
  309  39.521, Florida Statutes, is amended to read:
  310         39.521 Disposition hearings; powers of disposition.—
  311         (2) The family functioning assessment must provide the
  312  court with the following documented information:
  313         (o) If the child has been removed from the home and will be
  314  remaining with a relative, parent, or other adult approved by
  315  the court, a home study report concerning the proposed placement
  316  shall be provided to the court. Before recommending to the court
  317  any out-of-home placement for a child other than placement in a
  318  licensed shelter or foster home, the department shall conduct a
  319  study of the home of the proposed legal custodians, which must
  320  include, at a minimum:
  321         1. An interview with the proposed legal custodians to
  322  assess their ongoing commitment and ability to care for the
  323  child.
  324         2. Records checks through the Comprehensive State Automated
  325  Child Welfare Information System (SACWIS), and local and
  326  statewide criminal and juvenile records checks through the
  327  Department of Law Enforcement, on all household members 12 years
  328  of age or older. In addition, the fingerprints of any household
  329  members who are 18 years of age or older may be submitted to the
  330  Department of Law Enforcement for processing and forwarding to
  331  the Federal Bureau of Investigation for state and national
  332  criminal history information. The department has the discretion
  333  to request Comprehensive State Automated Child Welfare
  334  Information System (SACWIS) and local, statewide, and national
  335  criminal history checks and fingerprinting of any other visitor
  336  to the home who is made known to the department. Out-of-state
  337  criminal records checks must be initiated for any individual who
  338  has resided in a state other than Florida if that state’s laws
  339  allow the release of these records. The out-of-state criminal
  340  records must be filed with the court within 5 days after receipt
  341  by the department or its agent.
  342         3. An assessment of the physical environment of the home.
  343         4. A determination of the financial security of the
  344  proposed legal custodians.
  345         5. A determination of suitable child care arrangements if
  346  the proposed legal custodians are employed outside of the home.
  347         6. Documentation of counseling and information provided to
  348  the proposed legal custodians regarding the dependency process
  349  and possible outcomes.
  350         7. Documentation that information regarding support
  351  services available in the community has been provided to the
  352  proposed legal custodians.
  353         8. The reasonable preference of the child, if the court
  354  deems the child to be of sufficient intelligence, understanding,
  355  and experience to express a preference.
  356  
  357  The department may not place the child or continue the placement
  358  of the child in a home under shelter or postdisposition
  359  placement if the results of the home study are unfavorable,
  360  unless the court finds that this placement is in the child’s
  361  best interest.
  362  
  363  Any other relevant and material evidence, including other
  364  written or oral reports, may be received by the court in its
  365  effort to determine the action to be taken with regard to the
  366  child and may be relied upon to the extent of its probative
  367  value, even though not competent in an adjudicatory hearing.
  368  Except as otherwise specifically provided, nothing in this
  369  section prohibits the publication of proceedings in a hearing.
  370         Section 5. Subsection (7) is added to section 39.522,
  371  Florida Statutes, to read:
  372         39.522 Postdisposition change of custody.—
  373         (7)Notwithstanding any other provision of this section, a
  374  childs case manager, an authorized agent of the department, or
  375  a law enforcement officer may, at any time, remove a child from
  376  a court-ordered placement and take the child into custody if the
  377  court-ordered caregiver of the child requests immediate removal
  378  of the child from the home. Additionally, an authorized agent of
  379  the department or a law enforcement officer may, at any time,
  380  remove a child from a court-ordered placement and take the child
  381  into custody if there is probable cause as required under s.
  382  39.401(1)(b).
  383         (a)If, at the time of the removal, the child was not
  384  placed in licensed care in the departments custody, the
  385  department must file a motion to modify placement within 1
  386  business day after the child is taken into custody. The court
  387  must then set a hearing within 24 hours after the motion is
  388  filed unless all of the parties and the current caregiver agree
  389  to the change of placement. At the hearing, the court must
  390  determine whether the department has established probable cause
  391  to support the immediate removal of the child from his or her
  392  current placement. The court may base its determination on a
  393  sworn petition or affidavit or on testimony and may hear all
  394  relevant and material evidence, including oral or written
  395  reports, to the extent of their probative value, even if such
  396  evidence would not be competent evidence at an adjudicatory
  397  hearing.
  398         (b)If the court finds that the department did not
  399  establish probable cause to support the removal of the child
  400  from his or her current placement, the court must enter an order
  401  that the child be returned to such placement. An order by the
  402  court to return the child to his or her current placement does
  403  not preclude a party from filing a subsequent motion pursuant to
  404  subsection (2).
  405         (c)If the current caregiver admits that a change of
  406  placement is needed or the department establishes probable cause
  407  to support removal of the child, the court must enter an order
  408  changing the placement of the child. The new placement for the
  409  child must meet the home study criteria in this chapter if the
  410  child is not placed in foster care.
  411         (d)If the court finds probable cause and modifies the
  412  childs placement, the court must conduct a hearing pursuant to
  413  subsection (2) or subsection (3), unless such hearing is waived
  414  by all parties and the caregiver.
  415         Section 6. Paragraph (a) of subsection (1) of section
  416  39.6221, Florida Statutes, is amended to read:
  417         39.6221 Permanent guardianship of a dependent child.—
  418         (1) If a court determines that reunification or adoption is
  419  not in the best interest of the child, the court may place the
  420  child in a permanent guardianship with a relative or other adult
  421  approved by the court if all of the following conditions are
  422  met:
  423         (a) The child has been in the placement for not less than
  424  the preceding 6 months, or the preceding 3 months if the
  425  caregiver is already known by the child and the caregiver has
  426  been named as the successor guardian on the childs guardianship
  427  assistance agreement.
  428         Section 7. Subsection (9) of section 39.6225, Florida
  429  Statutes, is amended to read:
  430         39.6225 Guardianship Assistance Program.—
  431         (9) Guardianship assistance payments may not shall only be
  432  made for a young adult unless the young adults whose permanent
  433  guardian entered into a guardianship assistance agreement after
  434  the child attained 14 16 years of age but before the child
  435  attained 18 years of age and if the child is:
  436         (a) Completing secondary education or a program leading to
  437  an equivalent credential;
  438         (b) Enrolled in an institution that provides postsecondary
  439  or vocational education;
  440         (c) Participating in a program or activity designed to
  441  promote or eliminate barriers to employment;
  442         (d) Employed for at least 80 hours per month; or
  443         (e) Unable to participate in programs or activities listed
  444  in paragraphs (a)-(d) full time due to a physical, intellectual,
  445  emotional, or psychiatric condition that limits participation.
  446  Any such barrier to participation must be supported by
  447  documentation in the child’s case file or school or medical
  448  records of a physical, intellectual, emotional, or psychiatric
  449  condition that impairs the child’s ability to perform one or
  450  more life activities.
  451         Section 8. Present paragraph (d) of subsection (3) of
  452  section 39.801, Florida Statutes, is redesignated as paragraph
  453  (e), and a new paragraph (d) is added to that subsection, to
  454  read:
  455         39.801 Procedures and jurisdiction; notice; service of
  456  process.—
  457         (3) Before the court may terminate parental rights, in
  458  addition to the other requirements set forth in this part, the
  459  following requirements must be met:
  460         (d)Personal appearance of a person at the advisory hearing
  461  as provided in s. 39.013(13) obviates the necessity of serving
  462  process on that person and the court may proceed with the
  463  advisory hearing and any subsequently noticed hearing.
  464         Section 9. Subsections (4), (5), and (6) of section 39.812,
  465  Florida Statutes, are amended to read:
  466         39.812 Postdisposition relief; petition for adoption.—
  467         (4) The court shall retain jurisdiction over any child
  468  placed in the custody of the department until the child is
  469  adopted. After custody of a child for subsequent adoption has
  470  been given to the department, the court has jurisdiction for the
  471  purpose of reviewing the status of the child and the progress
  472  being made toward permanent adoptive placement. As part of this
  473  continuing jurisdiction, for good cause shown by the guardian ad
  474  litem for the child, the court may:
  475         (a) Review the appropriateness of the adoptive placement of
  476  the child if good cause is shown by the guardian ad litem for
  477  the child.
  478         (b)Review the department’s denial of an application to
  479  adopt a child. The department’s decision to deny an application
  480  to adopt a child is only reviewable under this section and is
  481  not subject to chapter 120.
  482         1.If the department denies an application to adopt a
  483  child, the department must file written notification of the
  484  denial with the court and provide copies to all parties within
  485  10 business days after the department’s decision.
  486         2.A denied applicant may file a motion to have the court
  487  review the department’s denial within 30 business days after the
  488  issuance of the department’s written notification of its
  489  decision to deny the application to adopt a child. The motion to
  490  review must allege that the department unreasonably denied the
  491  application to adopt and request that the court allow the denied
  492  applicant to file a petition to adopt the child under chapter 63
  493  without the department’s consent.
  494         3.A denied applicant only has standing under this chapter
  495  to file a motion to review the department’s denial and to
  496  present evidence in support of such motion. Such standing is
  497  terminated upon the entry of the court’s order.
  498         4.The court shall hold a hearing within 30 business days
  499  after the denied applicant files the motion to review. The court
  500  may only consider whether the department’s denial of the
  501  application is consistent with its policies and if the
  502  department made such decision in an expeditious manner. The
  503  standard of review is whether the department’s denial of the
  504  application is an abuse of discretion.
  505         5.If the department selected a different applicant to
  506  adopt the child, the selected applicant may participate in the
  507  hearing as a participant as defined in s. 39.01 and may be
  508  granted leave by the court to be heard without the need to file
  509  a motion to intervene.
  510         6.Within 15 business days after the conclusion of the
  511  hearing, the court shall enter a written order denying the
  512  motion to review or finding that the department unreasonably
  513  denied the application to adopt and authorizing the denied
  514  applicant to file a petition to adopt the child under chapter 63
  515  without the department’s consent.
  516         (5) When a licensed foster parent or court-ordered
  517  custodian has applied to adopt a child who has resided with the
  518  foster parent or custodian for at least 6 months and who has
  519  previously been permanently committed to the legal custody of
  520  the department and the department does not grant the application
  521  to adopt, the department may not, in the absence of a prior
  522  court order authorizing it to do so, remove the child from the
  523  foster home or custodian, except when:
  524         (a) There is probable cause to believe that the child is at
  525  imminent risk of abuse or neglect;
  526         (b) Thirty business days have expired following written
  527  notice to the foster parent or custodian of the denial of the
  528  application to adopt, within which period no formal challenge of
  529  the department’s decision has been filed;
  530         (c)A motion to review the department’s denial of an
  531  application to adopt a child under paragraph (4)(b) has been
  532  denied; or
  533         (d)(c) The foster parent or custodian agrees to the child’s
  534  removal.
  535         (6)(5) The petition for adoption must be filed in the
  536  division of the circuit court which entered the judgment
  537  terminating parental rights, unless a motion for change of venue
  538  is granted pursuant to s. 47.122. A copy of the consent to adopt
  539  executed by the department must be attached to the petition,
  540  unless such consent is waived under pursuant to s. 63.062(7).
  541  The petition must be accompanied by a statement, signed by the
  542  prospective adoptive parents, acknowledging receipt of all
  543  information required to be disclosed under s. 63.085 and a form
  544  provided by the department which details the social and medical
  545  history of the child and each parent and includes the social
  546  security number and date of birth for each parent, if such
  547  information is available or readily obtainable. The prospective
  548  adoptive parents may not file a petition for adoption until the
  549  judgment terminating parental rights becomes final. An adoption
  550  proceeding under this subsection is governed by chapter 63.
  551         (7)(6)(a) Once a child’s adoption is finalized, the
  552  department or its contracted child-placing agency community
  553  based care lead agency must make a reasonable effort to contact
  554  the adoptive family by telephone 1 year after the date of
  555  finalization of the adoption as a postadoption service. For
  556  purposes of this subsection, the term “reasonable effort” means
  557  the exercise of reasonable diligence and care by the department
  558  or its contracted child-placing agency community-based care lead
  559  agency to make contact with the adoptive family. At a minimum,
  560  the department or its contracted child-placing agency must
  561  document the following:
  562         1. The number of attempts made by the department or its
  563  contracted child-placing agency community-based care lead agency
  564  to contact the adoptive family and whether those attempts were
  565  successful;
  566         2. The types of postadoption services that were requested
  567  by the adoptive family and whether those services were provided
  568  by the department or its contracted child-placing agency
  569  community-based care lead agency; and
  570         3. Any feedback received by the department or its
  571  contracted child-placing agency community-based care lead agency
  572  from the adoptive family relating to the quality or
  573  effectiveness of the services provided.
  574         (b) The contracted child-placing agency community-based
  575  care lead agency must report annually to the department on the
  576  outcomes achieved and recommendations for improvement under this
  577  subsection.
  578         Section 10. Present subsection (6) and (7) of section
  579  63.032, Florida Statutes, are redesignated as subsections (7)
  580  and (6), respectively, and present subsection (6) of that
  581  section is amended to read:
  582         63.032 Definitions.—As used in this chapter, the term:
  583         (7)(6) “Child-placing agency” means an any child-placing
  584  agency licensed by the department pursuant to s. 63.202 to place
  585  minors for adoption.
  586         Section 11. Present subsections (3), (4), and (5) of
  587  section 63.039, Florida Statutes, are redesignated as
  588  subsections (4), (5), and (6), respectively, and a new
  589  subsection (3) is added to that section, to read:
  590         63.039 Duty of adoption entity to prospective adoptive
  591  parents; sanctions.—
  592         (3)A licensed adoption entity must, on a quarterly basis,
  593  report to the department all private adoptions that were
  594  finalized in the preceding quarter. Information must include the
  595  age of the child, race of the child, ethnicity of the child, sex
  596  of the child, county of birth of the child, and county of
  597  adoptive family of the child. The department may adopt rules to
  598  implement this section. The department shall make this
  599  information available as aggregate data on its website.
  600         Section 12. Subsection (7) of section 63.062, Florida
  601  Statutes, is amended to read:
  602         63.062 Persons required to consent to adoption; affidavit
  603  of nonpaternity; waiver of venue.—
  604         (7) If parental rights to the minor have previously been
  605  terminated, the adoption entity with which the minor has been
  606  placed for subsequent adoption may provide consent to the
  607  adoption. In such case, no other consent is required. If the
  608  minor has been permanently committed to the department for
  609  subsequent adoption, the department must consent to the adoption
  610  or the court order finding that the department unreasonably
  611  denied the application to adopt entered under s. 39.812(4) must
  612  be attached to the petition to adopt, and The consent of the
  613  department shall be waived upon a determination by the court
  614  that such consent is being unreasonably withheld and if the
  615  petitioner must file has filed with the court a favorable
  616  preliminary adoptive home study as required under s. 63.092.
  617         Section 13. Section 63.093, Florida Statutes, is amended to
  618  read:
  619         63.093 Adoption of children from the child welfare system.—
  620         (1) Beginning July 1, 2025, the department shall contract
  621  with one or more child-placing agencies to provide adoptive
  622  services to prospective adoptive parents, complete the adoption
  623  processes for children permanently committed to the department,
  624  and support adoptive families. The department may allow a
  625  contracted child-placing agency to subcontract with other
  626  entities to fulfill the duties imposed in this section.
  627         (2) The department, through its contracted child-placing
  628  agency or community-based care lead agency as defined in s.
  629  409.986(3), or its subcontracted agency, must respond to an
  630  initial inquiry from a prospective adoptive parent within 7
  631  business days after receipt of the inquiry. The response must
  632  inform the prospective adoptive parent of the adoption process
  633  and the requirements for adopting a child from the child welfare
  634  system.
  635         (3)(2) The department, through its contracted child-placing
  636  agency or community-based care lead agency, or its subcontracted
  637  agency, must refer a prospective adoptive parent who is
  638  interested in adopting a child in the custody of the department
  639  to a department-approved adoptive parent training program. A
  640  prospective adoptive parent must successfully complete the
  641  training program, unless the prospective adoptive parent is a
  642  licensed foster parent or a relative or nonrelative caregiver
  643  who has:
  644         (a) Attended the training program within the last 5 years;
  645  or
  646         (b) Had the child who is available for adoption placed in
  647  their home for 6 months or longer and has been determined to
  648  understand the challenges and parenting skills needed to
  649  successfully parent the child who is available for adoption.
  650         (4)(3) A prospective adoptive parent must complete an
  651  adoption application created by the department.
  652         (5)(4) Before a child is placed in an adoptive home, the
  653  department, through its contracted child-placing agency,
  654  community-based care lead agency or its subcontracted agency
  655  must complete an adoptive home study of a prospective adoptive
  656  parent that includes observation, screening, and evaluation of
  657  the child and the prospective adoptive parent. An adoptive home
  658  study must be updated every is valid for 12 months after the
  659  date on which the study was approved. If the child was placed
  660  before the termination of parental rights, the updated placement
  661  or licensed home study may serve as the adoption home study. In
  662  addition, the department, through its contracted child-placing
  663  agency, community-based care lead agency or its subcontracted
  664  agency must complete a preparation process, as established by
  665  department rule, with the prospective adoptive parent.
  666         (6)(5) At the conclusion of the adoptive home study and
  667  preparation process, a decision must shall be made about the
  668  prospective adoptive parent’s appropriateness to adopt. This
  669  decision shall be reflected in the final recommendation included
  670  in the adoptive home study. If the recommendation is for
  671  approval, the adoptive parent application file must be submitted
  672  to the department, through its contracted child-placing agency,
  673  community-based care lead agency or its subcontracted agency for
  674  approval. The contracted child-placing agency community-based
  675  care lead agency or its subcontracted agency must approve or
  676  deny the home study within 14 business days after receipt of the
  677  recommendation.
  678         (7)The department shall adopt rules to eliminate
  679  duplicative practices and delays in the adoption home study
  680  process for a member of a uniformed service on active duty
  681  seeking to adopt in the state, including, but not limited to,
  682  providing a credit for adoption classes that have been taken in
  683  another state which substantially cover the preservice training
  684  required under s. 409.175(14)(b).
  685         (8)By November 15 of each year, the department shall
  686  submit an annual report to the Governor, the President of the
  687  Senate, and the Speaker of the House of Representatives on the
  688  status of adoptions within this state.
  689  
  690  Notwithstanding subsections (2) and (3) (1) and (2), this
  691  section does not apply to a child adopted through the process
  692  provided in s. 63.082(6).
  693         Section 14. Section 63.097, Florida Statutes, is amended to
  694  read:
  695         63.097 Fees.—
  696         (1) When the adoption entity is an agency, fees may be
  697  assessed if such fees they are approved by the department within
  698  the process of licensing the agency and if such fees they are
  699  for:
  700         (a) Foster care expenses;
  701         (b) Preplacement and postplacement social services,
  702  including a preliminary home study under s. 63.092 and a final
  703  home investigation under s. 63.125; and
  704         (c) Agency facility and administrative costs.
  705  
  706  The department shall adopt rules to implement this subsection,
  707  including a rule establishing standards and fee schedules that
  708  ensure all fees assessed are reasonable and the total fees
  709  assessed do not exceed the federal adoption tax credit and a
  710  rule requiring agencies to report quarterly to the department
  711  the number of adoptions in which a court enters an order that
  712  approves fees that exceed the limits established in subsection
  713  (3).
  714         (2) The following fees, costs, and expenses may be assessed
  715  by the adoption entity or paid by the adoption entity on behalf
  716  of the prospective adoptive parents:
  717         (a) Reasonable living expenses of the birth mother which
  718  the birth mother is unable to pay due to unemployment,
  719  underemployment, or disability. Reasonable living expenses are
  720  rent, utilities, basic telephone service, food, toiletries,
  721  necessary clothing, transportation, insurance, and expenses
  722  found by the court to be necessary for the health and well-being
  723  of the birth mother and the unborn child. Such expenses may be
  724  paid during the pregnancy and for a period of up to 6 weeks
  725  postpartum.
  726         (b) Reasonable and necessary medical expenses. Such
  727  expenses may be paid during the pregnancy and for a period of up
  728  to 6 weeks postpartum.
  729         (c) Expenses necessary to comply with the requirements of
  730  this chapter, including, but not limited to, service of process
  731  under s. 63.088, investigator fees, and a diligent search under
  732  s. 63.088, a preliminary home study under s. 63.092, and a final
  733  home investigation under s. 63.125.
  734         (d) Court filing expenses, court costs, and other
  735  litigation expenses and birth certificate and medical record
  736  expenses.
  737         (e) Costs associated with advertising under s.
  738  63.212(1)(g).
  739         (f) The following professional fees:
  740         1. A reasonable hourly fee or flat fee necessary to provide
  741  legal representation to the adoptive parents or adoption entity
  742  in a proceeding filed under this chapter.
  743         2. A reasonable hourly fee or flat fee for contact with the
  744  parent related to the adoption. In determining a reasonable
  745  hourly fee under this subparagraph, the court must consider if
  746  the tasks done were clerical or of such a nature that the matter
  747  could have been handled by support staff at a lesser rate than
  748  the rate for legal representation charged under subparagraph 1.
  749  Such tasks include, but need not be limited to, transportation,
  750  transmitting funds, arranging appointments, and securing
  751  accommodations.
  752         3. A reasonable hourly fee for counseling services provided
  753  to a parent or a prospective adoptive parent by a psychologist
  754  licensed under chapter 490 or a clinical social worker, marriage
  755  and family therapist, or mental health counselor licensed under
  756  chapter 491, or a counselor who is employed by an adoption
  757  entity accredited by the Council on Accreditation of Services
  758  for Children and Families to provide pregnancy counseling and
  759  supportive services.
  760         (3) The court must issue an order pursuant to s. 63.132(3)
  761  when Approval of the court is not required until the total of
  762  amounts permitted under subsection (2) exceeds:
  763         (a) $5,000 in legal or other professional fees;
  764         (b) $800 in court costs; or
  765         (c) $5,000 in reasonable and necessary living and medical
  766  expenses.
  767         (4) Any fees, costs, or expenses not included in subsection
  768  (2) or prohibited under subsection (5) require court approval
  769  and entry of an order pursuant to s. 63.132(3) prior to payment
  770  and must be based on a finding of extraordinary circumstances.
  771         (5) The following fees, costs, and expenses are prohibited:
  772         (a) Any fee or expense that constitutes payment for
  773  locating a minor for adoption.
  774         (b) Any payment which is not itemized and documented on the
  775  affidavit filed under s. 63.132.
  776         (c) Any fee on the affidavit which is not a fee of the
  777  adoption entity, is not supported by a receipt, and does not
  778  specify the service that was provided and for which the fee is
  779  being charged, such as a fee for facilitation, acquisition, or
  780  other similar service, or which does not identify the date the
  781  service was provided, the time required to provide the service,
  782  the person or entity providing the service, and the hourly fee
  783  charged.
  784         (6) Unless otherwise indicated in this section, when an
  785  adoption entity uses the services of a licensed child-placing
  786  agency, a professional, any other person or agency pursuant to
  787  s. 63.092, or, if necessary, the department, the person seeking
  788  to adopt the child must pay the licensed child-placing agency,
  789  professional, other person or agency, or the department an
  790  amount equal to the cost of all services performed, including,
  791  but not limited to, the cost of conducting the preliminary home
  792  study, counseling, and the final home investigation.
  793         Section 15. Subsection (3) of section 63.132, Florida
  794  Statutes, is amended to read:
  795         63.132 Affidavit of expenses and receipts.—
  796         (3) The court must issue a separate order approving or
  797  disapproving the fees, costs, and expenses itemized in the
  798  affidavit. The court may approve only fees, costs, and
  799  expenditures allowed under s. 63.097. Any affidavit seeking
  800  fees, costs, or expenses that exceed the limits set in s. 63.097
  801  is per se unreasonable and therefore denied, absent a written
  802  finding by the court of reasonableness resulting from
  803  extraordinary circumstances. Any order approving fees, costs, or
  804  expenses that exceed the limits set in s. 63.097(3) must include
  805  the specific competent and substantial evidence upon which the
  806  court relied to make a finding of both reasonableness and the
  807  extraordinary circumstances. The court may reject in whole or in
  808  part any fee, cost, or expenditure listed if the court finds
  809  that the expense is any of the following:
  810         (a) Contrary to this chapter.
  811         (b) Not supported by a receipt, if requested, if the
  812  expense is not a fee of the adoption entity.
  813         (c) Not a reasonable fee or expense, considering the
  814  requirements of this chapter and the totality of the
  815  circumstances.
  816         Section 16. Paragraph (a) of subsection (2) and paragraph
  817  (a) of subsection (3) of section 409.1451, Florida Statutes, are
  818  amended to read:
  819         409.1451 The Road-to-Independence Program.—
  820         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  821         (a) A young adult is eligible for services and support
  822  under this subsection if he or she:
  823         1. Was living in licensed care on his or her 18th birthday
  824  or is currently living in licensed care; or was at least 14 16
  825  years of age and was adopted from foster care or placed with a
  826  court-approved dependency guardian after spending at least 6
  827  months in licensed care within the 12 months immediately
  828  preceding such placement or adoption;
  829         2. Spent at least 6 months in licensed care before reaching
  830  his or her 18th birthday;
  831         3. Earned a standard high school diploma pursuant to s.
  832  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  833  pursuant to s. 1003.435;
  834         4. Has been admitted for enrollment as a full-time student
  835  or its equivalent in an eligible postsecondary educational
  836  institution as provided in s. 1009.533. For purposes of this
  837  section, the term “full-time” means 9 credit hours or the
  838  vocational school equivalent. A student may enroll part-time if
  839  he or she has a recognized disability or is faced with another
  840  challenge or circumstance that would prevent full-time
  841  attendance. A student needing to enroll part-time for any reason
  842  other than having a recognized disability must get approval from
  843  his or her academic advisor;
  844         5. Has reached 18 years of age but is not yet 23 years of
  845  age;
  846         6. Has applied, with assistance from the young adult’s
  847  caregiver and the community-based lead agency, for any other
  848  grants and scholarships for which he or she may qualify;
  849         7. Submitted a Free Application for Federal Student Aid
  850  which is complete and error free; and
  851         8. Signed an agreement to allow the department and the
  852  community-based care lead agency access to school records.
  853         (3) AFTERCARE SERVICES.—
  854         (a)1. Aftercare services are available to a young adult who
  855  has reached 18 years of age but is not yet 23 years of age and
  856  is:
  857         a. Not in foster care.
  858         b. Temporarily not receiving financial assistance under
  859  subsection (2) to pursue postsecondary education.
  860         c.Eligible for extended guardianship assistance payments
  861  under s. 39.6225(9) or extended adoption assistance under s.
  862  409.166(4), but is not participating in either program.
  863         2. Subject to available funding, aftercare services as
  864  specified in subparagraph (b)8. are also available to a young
  865  adult who is between the ages of 18 and 22, is receiving
  866  financial assistance under subsection (2), is experiencing an
  867  emergency situation, and whose resources are insufficient to
  868  meet the emergency situation. Such assistance shall be in
  869  addition to any amount specified in paragraph (2)(b).
  870         Section 17. Paragraph (d) of subsection (4) of section
  871  409.166, Florida Statutes, is amended to read:
  872         409.166 Children within the child welfare system; adoption
  873  assistance program.—
  874         (4) ADOPTION ASSISTANCE.—
  875         (d) Effective January 1, 2019, adoption assistance payments
  876  may be made for a child whose adoptive parent entered into an
  877  initial adoption assistance agreement after the child reached 14
  878  16 years of age but before the child reached 18 years of age.
  879  Such payments may be made until the child reaches age 21 if the
  880  child is:
  881         1. Completing secondary education or a program leading to
  882  an equivalent credential;
  883         2. Enrolled in an institution that provides postsecondary
  884  or vocational education;
  885         3. Participating in a program or activity designed to
  886  promote or eliminate barriers to employment;
  887         4. Employed for at least 80 hours per month; or
  888         5. Unable to participate in programs or activities listed
  889  in subparagraphs 1.-4. full time due to a physical, an
  890  intellectual, an emotional, or a psychiatric condition that
  891  limits participation. Any such barrier to participation must be
  892  supported by documentation in the child’s case file or school or
  893  medical records of a physical, an intellectual, an emotional, or
  894  a psychiatric condition that impairs the child’s ability to
  895  perform one or more life activities.
  896         Section 18. Section 409.1662, Florida Statutes, is
  897  repealed.
  898         Section 19. Section 409.1664, Florida Statutes, is amended
  899  to read:
  900         409.1664 Adoption benefits for qualifying adoptive
  901  employees of state agencies, veterans, servicemembers, and law
  902  enforcement officers, health care practitioners, and tax
  903  collector employees.—
  904         (1) As used in this section, the term:
  905         (a) “Child within the child welfare system” has the same
  906  meaning as provided in s. 409.166(2).
  907         (b) Health care practitioner means a person listed in s.
  908  456.001(4) who holds an active license from the Department of
  909  Health and whose gross income does not exceed $150,000 per year.
  910         (c) “Law enforcement officer” has the same meaning as
  911  provided in s. 943.10(1).
  912         (d)(c) “Qualifying adoptive employee” means a full-time or
  913  part-time employee of a state agency, a charter school
  914  established under s. 1002.33, or the Florida Virtual School
  915  established under s. 1002.37, who is not an independent
  916  contractor and who adopts a child within the child welfare
  917  system pursuant to chapter 63 on or after July 1, 2015. The term
  918  includes instructional personnel, as defined in s. 1012.01, who
  919  are employed by the Florida School for the Deaf and the Blind,
  920  and includes other-personal-services employees who have been
  921  continuously employed full time or part time by a state agency
  922  for at least 1 year.
  923         (e)(d) “Servicemember” has the same meaning as in s.
  924  250.01(19).
  925         (f)(e) “State agency” means a branch, department, or agency
  926  of state government for which the Chief Financial Officer
  927  processes payroll requisitions, a state university or Florida
  928  College System institution as defined in s. 1000.21, a school
  929  district unit as defined in s. 1001.30, or a water management
  930  district as defined in s. 373.019.
  931         (g)Tax collector employee means an employee of an office
  932  of county tax collector in this state.
  933         (h)(f) “Veteran” has the same meaning as in s. 1.01(14).
  934         (2) A qualifying adoptive employee, veteran, law
  935  enforcement officer, health care practitioner, tax collector
  936  employee, or servicemember who adopts a child within the child
  937  welfare system who is difficult to place as described in s.
  938  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  939  benefit in the amount of $25,000 $10,000 per such child, subject
  940  to applicable taxes. A law enforcement officer who adopts a
  941  child within the child welfare system who is difficult to place
  942  as described in s. 409.166(2)(d)2. is eligible to receive a
  943  lump-sum monetary benefit in the amount of $25,000 per such
  944  child, subject to applicable taxes. A qualifying adoptive
  945  employee, veteran, law enforcement officer, health care
  946  practitioner, tax collector employee, or servicemember who
  947  adopts a child within the child welfare system who is not
  948  difficult to place as described in s. 409.166(2)(d)2. is
  949  eligible to receive a lump-sum monetary benefit in the amount of
  950  $10,000 $5,000 per such child, subject to applicable taxes. A
  951  law enforcement officer who adopts a child within the child
  952  welfare system who is not difficult to place as described in s.
  953  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  954  benefit in the amount of $10,000 per each such child, subject to
  955  applicable taxes. A qualifying adoptive employee of a charter
  956  school or the Florida Virtual School may retroactively apply for
  957  the monetary benefit provided in this subsection if such
  958  employee was employed by a charter school or the Florida Virtual
  959  School when he or she adopted a child within the child welfare
  960  system pursuant to chapter 63 on or after July 1, 2015. A
  961  veteran or servicemember may apply for the monetary benefit
  962  provided in this subsection if he or she is domiciled in this
  963  state and adopts a child within the child welfare system
  964  pursuant to chapter 63 on or after July 1, 2020. A law
  965  enforcement officer may apply for the monetary benefit provided
  966  in this subsection if he or she is domiciled in this state and
  967  adopts a child within the child welfare system pursuant to
  968  chapter 63 on or after July 1, 2022. A health care practitioner
  969  or tax collector employee may apply for the monetary benefit
  970  provided in this subsection if he or she is domiciled in this
  971  state and adopts a child within the child welfare system
  972  pursuant to chapter 63 on or after July 1, 2024.
  973         (a) Benefits paid to a qualifying adoptive employee who is
  974  a part-time employee must be prorated based on the qualifying
  975  adoptive employee’s full-time equivalency at the time of
  976  applying for the benefits.
  977         (b) Monetary benefits awarded under this subsection are
  978  limited to one award per adopted child within the child welfare
  979  system.
  980         (c) The payment of a lump-sum monetary benefit for adopting
  981  a child within the child welfare system under this section is
  982  subject to a specific appropriation to the department for such
  983  purpose.
  984         (3) A qualifying adoptive employee must apply to his or her
  985  agency head, or to his or her school director in the case of a
  986  qualifying adoptive employee of a charter school or the Florida
  987  Virtual School, to obtain the monetary benefit provided in
  988  subsection (2). A veteran, or servicemember, or tax collector
  989  employee must apply to the department to obtain the benefit. A
  990  law enforcement officer must apply to the Department of Law
  991  Enforcement to obtain the benefit. A health care practitioner
  992  must apply to the Department of Health to obtain the benefit.
  993  Applications must be on forms approved by the department and
  994  must include a certified copy of the final order of adoption
  995  naming the applicant as the adoptive parent. Monetary benefits
  996  shall be approved on a first-come, first-served basis based upon
  997  the date that each fully completed application is received by
  998  the department.
  999         (4) This section does not preclude a qualifying adoptive
 1000  employee, veteran, servicemember, health care practitioner, tax
 1001  collector employee, or law enforcement officer from receiving
 1002  adoption assistance for which he or she may qualify under s.
 1003  409.166 or any other statute that provides financial incentives
 1004  for the adoption of children.
 1005         (5) Parental leave for a qualifying adoptive employee must
 1006  be provided in accordance with the personnel policies and
 1007  procedures of his or her employer.
 1008         (6) The department may adopt rules to administer this
 1009  section. The rules may provide for an application process such
 1010  as, but not limited to, an open enrollment period during which
 1011  qualifying adoptive employees, veterans, servicemembers, health
 1012  care practitioners, tax collector employees, or law enforcement
 1013  officers may apply for monetary benefits under this section.
 1014         (7) The Chief Financial Officer shall disburse a monetary
 1015  benefit to a qualifying adoptive employee upon the department’s
 1016  submission of a payroll requisition. The Chief Financial Officer
 1017  shall transfer funds from the department to a state university,
 1018  a Florida College System institution, a school district unit, a
 1019  charter school, the Florida Virtual School, or a water
 1020  management district, as appropriate, to enable payment to the
 1021  qualifying adoptive employee through the payroll systems as long
 1022  as funds are available for such purpose.
 1023         (8) To receive an approved monetary benefit under this
 1024  section, a veteran or servicemember must be registered as a
 1025  vendor with the state.
 1026         (9) Each state agency shall develop a uniform procedure for
 1027  informing employees about this benefit and for assisting the
 1028  department in making eligibility determinations and processing
 1029  applications. Any procedure adopted by a state agency is valid
 1030  and enforceable if the procedure does not conflict with the
 1031  express terms of this section.
 1032         Section 20. Subsections (1) through (4) of section 409.167,
 1033  Florida Statutes, are amended to read:
 1034         409.167 Statewide adoption exchange; establishment;
 1035  responsibilities; registration requirements; rules.—
 1036         (1) The Department of Children and Families shall
 1037  establish, either directly or through purchase, a statewide
 1038  adoption exchange, with a photo listing component, which serves
 1039  shall serve all authorized licensed child-placing agencies in
 1040  the state as a means of recruiting adoptive families for
 1041  children who have been legally freed for adoption and who have
 1042  been permanently placed with the department or a licensed child
 1043  placing agency. The statewide adoption exchange must shall
 1044  provide, in accordance with rules adopted by the department,
 1045  descriptions and photographs of such children, as well as any
 1046  other information deemed useful in the recruitment of adoptive
 1047  families for each child. The photo listing component of the
 1048  statewide adoption exchange must be updated monthly and may not
 1049  be accessible to the public, except to persons who have
 1050  completed or are in the process of completing an adoption home
 1051  study.
 1052         (2)(a) Each district of the department shall refer each
 1053  child in its care who has been legally freed for adoption to the
 1054  statewide adoption exchange no later than 30 days after the date
 1055  of acceptance by the department for permanent placement. The
 1056  referral must be accompanied by a photo listing photograph and
 1057  description of the child. Any child 12 years of age or older may
 1058  request that a specific photo be used for their entry and must
 1059  be consulted during the development of their description.
 1060         (b) The department shall establish criteria by which a
 1061  district may determine that a child need not be registered with
 1062  the statewide adoption exchange. Within 30 days after the date
 1063  of acceptance by the department for permanent placement, the
 1064  name of the child accepted for permanent placement must be
 1065  forwarded to the statewide adoption exchange by the district
 1066  together with reference to the specific reason why the child
 1067  should not be placed on the statewide adoption exchange. If the
 1068  child has not been placed for adoption within 3 months after the
 1069  date of acceptance by the department for permanent placement,
 1070  the district must shall provide the statewide adoption exchange
 1071  with the necessary photograph and information for registration
 1072  of the child with the statewide adoption exchange and the child
 1073  must shall be placed on the statewide adoption exchange. The
 1074  department shall establish procedures for monitoring the status
 1075  of children who are not placed on the statewide adoption
 1076  exchange within 30 days after the date of acceptance by the
 1077  department for permanent placement.
 1078         (3) In accordance with rules established by the department,
 1079  the statewide adoption exchange may accept, from licensed child
 1080  placing agencies, information pertaining to children meeting the
 1081  criteria of this section, and to prospective adoptive families,
 1082  for registration with the statewide adoption exchange.
 1083         (4) For purposes of facilitating family-matching between
 1084  children and prospective adoptive parents, the statewide
 1085  adoption exchange must shall provide the photo listing component
 1086  service to all licensed child-placing agencies and, in
 1087  accordance with rules adopted established by the department, to
 1088  all appropriate citizen groups and other organizations and
 1089  associations interested in children’s services. The photo
 1090  listing component of the statewide adoption exchange may not be
 1091  accessible to the public, except to persons who have completed
 1092  or are in the process of completing an adoption home study.
 1093         Section 21. Effective July 1, 2025, paragraph (a) of
 1094  subsection (1) of section 409.988, Florida Statutes, is amended
 1095  to read:
 1096         409.988 Community-based care lead agency duties; general
 1097  provisions.—
 1098         (1) DUTIES.—A lead agency:
 1099         (a)1. Shall serve:
 1100         a. all children referred as a result of a report of abuse,
 1101  neglect, or abandonment to the department’s central abuse
 1102  hotline, including, but not limited to, children who are the
 1103  subject of verified reports and children who are not the subject
 1104  of verified reports but who are at moderate to extremely high
 1105  risk of abuse, neglect, or abandonment, as determined using the
 1106  department’s risk assessment instrument, regardless of the level
 1107  of funding allocated to the lead agency by the state if all
 1108  related funding is transferred.
 1109         b.Children who were adopted from the child welfare system
 1110  and whose families require postadoption supports.
 1111         2. May also serve children who have not been the subject of
 1112  reports of abuse, neglect, or abandonment, but who are at risk
 1113  of abuse, neglect, or abandonment, to prevent their entry into
 1114  the child protection and child welfare system.
 1115         Section 22. Except as otherwise expressly provided in this
 1116  act, this act shall take effect July 1, 2024.