Florida Senate - 2024                      CS for CS for SB 1486
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Children, Families, and Elder Affairs; and
       Senator Collins
       
       
       
       603-03530-24                                          20241486c2
    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 specified entities; requiring the
   12         department or entities to submit such fingerprints to
   13         the Department of Law Enforcement for state processing
   14         within a specified timeframe; requiring the Department
   15         of Law Enforcement to forward such fingerprints to the
   16         Federal Bureau of Investigation within a specified
   17         timeframe; requiring that a child be immediately
   18         removed from a home if certain persons fail to provide
   19         their fingerprints and are not otherwise exempt from a
   20         criminal history records check; creating s. 39.5035,
   21         F.S.; authorizing specified persons to initiate a
   22         proceeding if both parents of a child are deceased or
   23         the last known living parent is deceased and a legal
   24         custodian has not been appointed for the child through
   25         a probate or guardianship proceeding; providing
   26         requirements for filing a petition for adjudication
   27         and permanent commitment of a child if the child has
   28         been placed in shelter by order of the court and has
   29         not been adjudicated; authorizing an attorney to file
   30         a petition for adjudication and permanent commitment
   31         within a reasonable time after the petitioner becomes
   32         aware of certain facts; providing requirements for the
   33         petition; requiring the clerk of court to set the case
   34         before the court for an adjudicatory hearing within a
   35         specified timeframe; providing that notice of the
   36         adjudicatory hearing and a copy of the petition be
   37         served on specified persons; providing for adjudicator
   38         hearings; amending s. 39.521, F.S.; conforming
   39         provisions to changes made by the act; amending s.
   40         39.522, F.S.; authorizing certain persons to remove a
   41         child from a court-ordered placement under certain
   42         circumstances; requiring the Department of Children
   43         and Families to file a specified motion, and the court
   44         to set a hearing, within specified timeframes under
   45         certain circumstances; requiring a certain
   46         determination by the court to support immediate
   47         removal of a child; authorizing the court to base its
   48         determination on certain evidence; requiring the court
   49         to enter certain orders and conduct certain hearings
   50         under certain circumstances; amending s. 39.6221,
   51         F.S.; revising a requisite condition for placing a
   52         child in a permanent guardianship; amending s.
   53         39.6225, F.S.; revising eligibility for payments under
   54         the Guardianship Assistance Program; amending s.
   55         39.801, F.S.; providing that service of process is not
   56         necessary under certain circumstances; amending s.
   57         39.812, F.S.; authorizing the court to review the
   58         department’s denial of an application to adopt a
   59         child; providing requirements for the reviewability of
   60         the department’s decision to deny an application to
   61         adopt a child; requiring the department to file
   62         written notification of its denial with the court and
   63         provide copies to certain persons within a specified
   64         timeframe; authorizing a denied applicant to file a
   65         motion to review such denial within a specified
   66         timeframe; providing requirements for the motion to
   67         review; providing requirements for a denied
   68         applicant’s standing; requiring the court to hold a
   69         hearing within a specified timeframe; providing
   70         requirements for the hearing; providing for a standard
   71         of review; authorizing certain persons to participate
   72         in the hearing under certain circumstances; requiring
   73         the court to enter an order within a specified
   74         timeframe; revising exceptions that authorize the
   75         department to remove a child from his or her foster
   76         home or custodian; requiring the department or its
   77         contracted child-placing agency to conduct certain
   78         postadoption duties; conforming provisions to changes
   79         made by the act; amending s. 63.032, F.S.; revising a
   80         definition; amending s. 63.039, F.S; requiring
   81         licensed adoption entities to report specified
   82         information relating to private adoptions to the
   83         department on a quarterly basis; authorizing the
   84         department to adopt rules; requiring the department to
   85         make certain information available in a specified form
   86         on its website; amending s. 63.062, F.S.; requiring
   87         the department take certain action if the minor has
   88         been permanently committed to the department for
   89         subsequent adoption; amending s. 63.093, F.S.;
   90         requiring the department to contract with one or more
   91         child-placing agencies to provide certain adoption
   92         services beginning on a specified date; authorizing
   93         the department to authorize such agency to subcontract
   94         with other entities to provide certain duties;
   95         requiring that an adoptive home study be updated every
   96         12 months after the date on which the first study was
   97         approved; authorizing the updated placement or
   98         licensed home study to serve as the adoption home
   99         study if a child was placed before the termination of
  100         parental rights; requiring the department to adopt
  101         certain rules; requiring the department to submit an
  102         annual report to the Governor and Legislature by a
  103         specified date; conforming provisions to changes made
  104         by the act; amending s. 63.097, F.S.; making technical
  105         changes; requiring the court to issue a certain order
  106         when the total of certain amounts exceeds those
  107         specified; revising the prohibition of a specified
  108         fee; requiring an adoption entity to report specified
  109         information for each finalized adoption to the
  110         department on a quarterly basis beginning on a
  111         specified date; requiring the adoption entity to
  112         redact certain information concerning the child’s
  113         biological parents and the child’s adoptive parents;
  114         requiring the department to report on its website
  115         certain information, including the actual fees, costs,
  116         and expenses of finalized adoptions, on a quarterly
  117         basis; providing construction; requiring the
  118         department to adopt rules; amending s. 63.132, F.S.;
  119         requiring that a court order approving fees, costs, or
  120         expenses that exceed a certain amount include a
  121         certain determination; making a technical change;
  122         amending s. 63.212, F.S.; providing applicability for
  123         the prohibition against the advertisement of the
  124         adoption of a minor child except by certain persons;
  125         requiring a person who publishes a newspaper,
  126         magazine, billboard, or any other written
  127         advertisement distributed in this state to include a
  128         statement that only specified licensed adoption
  129         entities may legally provide adoption services;
  130         conforming provisions to changes made by the act;
  131         amending s. 409.1451, F.S.; revising the age
  132         requirements for receiving postsecondary education
  133         services and support; revising requirements for
  134         receiving aftercare services; amending s. 409.166,
  135         F.S.; revising age requirements for receiving adoption
  136         assistance; repealing s. 409.1662, F.S., relating to
  137         children within the child welfare system and the
  138         adoption incentive program; amending s. 409.1664,
  139         F.S.; defining terms; providing certain adoption
  140         benefits to health care practitioners, tax collector
  141         employees, and law enforcement officers; specifying
  142         requirements for such persons to apply for such
  143         benefits; increasing the amount of monetary adoption
  144         benefits certain persons are eligible to receive;
  145         conforming provisions to changes made by the act;
  146         amending s. 409.167, F.S.; revising requirements for
  147         the statewide adoption exchange and its photo listing
  148         component; authorizing only certain persons to access
  149         such photo listing component; requiring consultation
  150         with children of a certain age during development of
  151         their description; conforming provisions to changes
  152         made by the act; amending s. 409.988, F.S.; revising
  153         the list of children a community-based care lead
  154         agency must serve; providing effective dates.
  155          
  156  Be It Enacted by the Legislature of the State of Florida:
  157  
  158         Section 1. Subsection (88) is added to section 39.01,
  159  Florida Statutes, to read:
  160         39.01 Definitions.—When used in this chapter, unless the
  161  context otherwise requires:
  162         (88)Visitor means a person who:
  163         (a)Provides care or supervision to a child in the home; or
  164         (b)Is 12 years of age or older, other than a child in
  165  care, and who will be in the childs home at least:
  166         1.Five consecutive days; or
  167         2.Seven days or more in 1 month.
  168         Section 2. Subsections (1) and (5) of section 39.0138,
  169  Florida Statutes, are amended to read:
  170         39.0138 Criminal history and other records checks; limit on
  171  placement of a child.—
  172         (1) The department shall conduct a records check through
  173  the Comprehensive State Automated Child Welfare Information
  174  System (SACWIS) and a local and statewide criminal history
  175  records check on all persons, including parents, being
  176  considered by the department for placement of a child under this
  177  chapter, including all nonrelative placement decisions, and all
  178  members of the household, 12 years of age and older, of the
  179  person being considered. For purposes of this section, a
  180  criminal history records check may include, but is not limited
  181  to, submission of fingerprints to the Department of Law
  182  Enforcement for processing and forwarding to the Federal Bureau
  183  of Investigation for state and national criminal history
  184  information, and local criminal records checks through local law
  185  enforcement agencies of all household members 18 years of age
  186  and older and other visitors 18 years of age and older to the
  187  home. An out-of-state criminal history records check must be
  188  initiated for any person 18 years of age or older who resided in
  189  another state if that state allows the release of such records.
  190  The department must complete the records check within 14
  191  business days after receiving a person’s criminal history
  192  results, unless additional information is required to complete
  193  the processing. The department shall establish by rule standards
  194  for evaluating any information contained in the automated system
  195  relating to a person who must be screened for purposes of making
  196  a placement decision.
  197         (5)(a)If a child has been sheltered pursuant to s. 39.402
  198  and must be placed in out-of-home care in an emergency
  199  placement, the department must conduct a name-based check of
  200  criminal history records to ascertain if the person with whom
  201  placement of the child is being considered and any other adult
  202  household members or visitors of the home of such person are
  203  disqualified. For the purposes of this subsection, the term
  204  “emergency placement” refers to when the department is placing a
  205  child in the home of private individuals, including neighbors,
  206  friends, or relatives, as a result of an immediate removal
  207  pursuant to s. 39.402.
  208         (b) The department may place a child in the a home if the
  209  person with whom placement of the child is being considered and
  210  any other adult household members or visitors of the home are
  211  not disqualified by the name-based check, but, unless exempt,
  212  such persons must submit a full set of fingerprints to the
  213  department or to a vendor, an entity, or an agency authorized
  214  under s. 943.053(13). Unless exempt, within 7 calendar days
  215  after the name-based check, the department or the vendor,
  216  entity, or agency must submit the fingerprints to the Department
  217  of Law Enforcement for state processing. Within 15 calendar days
  218  after the name-based check is conducted, the Department of Law
  219  Enforcement must forward the fingerprints to the Federal Bureau
  220  of Investigation for national processing that otherwise meets
  221  placement requirements if a name check of state and local
  222  criminal history records systems does not disqualify the
  223  applicant and if the department submits fingerprints to the
  224  Department of Law Enforcement for forwarding to the Federal
  225  Bureau of Investigation and is awaiting the results of the state
  226  and national criminal history records check.
  227         (c)The department shall seek a court order to immediately
  228  remove the child from the home if the person with whom the child
  229  was placed or any other adult household members or visitors of
  230  the home fail to provide their fingerprints within 15 calendar
  231  days after the name-based check is conducted, if such persons
  232  are not exempt from a criminal history records check.
  233         Section 3. Section 39.5035, Florida Statutes, is created to
  234  read:
  235         39.5035 Deceased parents; special procedures.—
  236         (1)(a)1.If both parents of a child are deceased or the
  237  last known living parent of a child is deceased and a legal
  238  custodian has not been appointed for the child through a probate
  239  or guardianship proceeding, an attorney for the department or
  240  any other person who has knowledge of the facts alleged or is
  241  informed of such facts, and believes them to be true, may
  242  initiate a proceeding by filing a petition for adjudication and
  243  permanent commitment.
  244         2.If a child has been placed in shelter status by order of
  245  the court but has not yet been adjudicated, a petition for
  246  adjudication and permanent commitment must be filed within 21
  247  days after the shelter hearing. In all other cases, the petition
  248  must be filed within a reasonable time after the date the
  249  petitioner first becomes aware of the facts alleged supporting
  250  the petition for adjudication and permanent commitment.
  251         (b)If both parents die or the last known living parent
  252  dies after a child has been adjudicated dependent, an attorney
  253  for the department or any other person who has knowledge of the
  254  facts alleged or is informed of such facts, and believes them to
  255  be true, may file a petition for permanent commitment. The
  256  petition must be filed within a reasonable time after the
  257  petitioner first becomes aware of the alleged facts that support
  258  the petition for permanent commitment.
  259         (2)The petition must:
  260         (a)Be in writing, identify the alleged deceased parents,
  261  and provide facts that establish that both parents of the child
  262  are deceased or the last known living parent is deceased and
  263  that a legal custodian has not been appointed for the child
  264  through a probate or guardianship proceeding.
  265         (b)Be signed by the petitioner under oath stating the
  266  petitioner’s good faith in filing the petition.
  267         (3)When a petition for adjudication and permanent
  268  commitment or a petition for permanent commitment has been
  269  filed, the clerk of court shall set the case before the court
  270  for an adjudicatory hearing. The adjudicatory hearing must be
  271  held as soon as practicable after the petition is filed, but no
  272  later than 30 days after the filing date.
  273         (4)Notice of the date, time, and place of the adjudicatory
  274  hearing and a copy of the petition must be served on the
  275  following persons:
  276         (a)Any person who has physical custody of the child.
  277         (b)A living relative of each parent of the child, unless a
  278  living relative cannot be found after a diligent search or
  279  inquiry.
  280         (c)The guardian ad litem for the child or the
  281  representative of the guardian ad litem program, if the program
  282  has been appointed.
  283         (5)The court shall conduct adjudicatory hearings without a
  284  jury and apply the rules of evidence in use in civil cases,
  285  adjourning the hearings as necessary. The court shall determine
  286  whether the petitioner has established by clear and convincing
  287  evidence that both parents of the child are deceased, or that
  288  the last known living parent is deceased and the other parent
  289  cannot be found after a diligent search or inquiry, and that a
  290  legal custodian has not been appointed for the child through a
  291  probate or guardianship proceeding. A certified copy of the
  292  death certificate for each parent is sufficient evidence of the
  293  parents’ deaths.
  294         (6)Within 30 days after an adjudicatory hearing on a
  295  petition for adjudication and permanent commitment:
  296         (a)If the court finds that the petitioner has met the
  297  clear and convincing standard, the court must enter a written
  298  order adjudicating the child dependent and permanently
  299  committing the child to the custody of the department for the
  300  purpose of adoption. A disposition hearing must be scheduled no
  301  later than 30 days after the entry of the order, in which the
  302  department must provide a case plan that identifies the
  303  permanency goal for the child to the court. Reasonable efforts
  304  must be made to place the child in a timely manner in accordance
  305  with the permanency plan and to complete all steps necessary to
  306  finalize the permanent placement of the child. Thereafter, until
  307  the adoption of the child is finalized or the child reaches the
  308  age of 18 years, whichever occurs first, the court must hold
  309  hearings every 6 months to review the progress being made toward
  310  permanency for the child.
  311         (b)If the court finds that clear and convincing evidence
  312  does not establish that both parents of a child are deceased, or
  313  that the last known living parent is deceased and the other
  314  parent cannot be found after a diligent search or inquiry, and
  315  that a legal custodian has not been appointed for the child
  316  through a probate or guardianship proceeding, but that a
  317  preponderance of the evidence establishes that the child does
  318  not have a parent or legal custodian capable of providing
  319  supervision or care, the court must enter a written order
  320  adjudicating the child dependent. A disposition hearing must be
  321  scheduled no later than 30 days after the entry of the order as
  322  provided in s. 39.521.
  323         (c)If the court finds that the petitioner has not met the
  324  clear and convincing standard and that a preponderance of the
  325  evidence does not establish that the child does not have a
  326  parent or legal custodian capable of providing supervision or
  327  care, the court must enter a written order so finding and
  328  dismiss the petition.
  329         (7)Within 30 days after an adjudicatory hearing on a
  330  petition for permanent commitment:
  331         (a)If the court finds that the petitioner has met the
  332  clear and convincing standard, the court must enter a written
  333  order permanently committing the child to the custody of the
  334  department for purposes of adoption. A disposition hearing must
  335  be scheduled no later than 30 days after the entry of the order,
  336  in which the department must provide an amended case plan that
  337  identifies the permanency goal for the child to the court.
  338  Reasonable efforts must be made to place the child in a timely
  339  manner in accordance with the permanency plan and to complete
  340  all steps necessary to finalize the permanent placement of the
  341  child. Thereafter, until the adoption of the child is finalized
  342  or the child reaches the age of 18 years, whichever occurs
  343  first, the court must hold hearings every 6 months to review the
  344  progress being made toward permanency for the child.
  345         (b)If the court finds that clear and convincing evidence
  346  does not establish that both parents of a child are deceased or
  347  that the last known living parent is deceased and the other
  348  parent cannot be found after a diligent search or inquiry, the
  349  court must enter a written order denying the petition. The order
  350  has no effect on the child’s prior adjudication. The order does
  351  not bar the petitioner from filing a subsequent petition for
  352  permanent commitment based on newly discovered evidence that
  353  establishes that both parents of a child are deceased, or that
  354  the last known living parent is deceased, and that a legal
  355  custodian has not been appointed for the child through a probate
  356  or guardianship proceeding.
  357         Section 4. Paragraph (o) of subsection (2) of section
  358  39.521, Florida Statutes, is amended to read:
  359         39.521 Disposition hearings; powers of disposition.—
  360         (2) The family functioning assessment must provide the
  361  court with the following documented information:
  362         (o) If the child has been removed from the home and will be
  363  remaining with a relative, parent, or other adult approved by
  364  the court, a home study report concerning the proposed placement
  365  shall be provided to the court. Before recommending to the court
  366  any out-of-home placement for a child other than placement in a
  367  licensed shelter or foster home, the department shall conduct a
  368  study of the home of the proposed legal custodians, which must
  369  include, at a minimum:
  370         1. An interview with the proposed legal custodians to
  371  assess their ongoing commitment and ability to care for the
  372  child.
  373         2. Records checks through the Comprehensive State Automated
  374  Child Welfare Information System (SACWIS), and local and
  375  statewide criminal and juvenile records checks through the
  376  Department of Law Enforcement, on all household members 12 years
  377  of age or older. In addition, the fingerprints of any household
  378  members who are 18 years of age or older may be submitted to the
  379  Department of Law Enforcement for processing and forwarding to
  380  the Federal Bureau of Investigation for state and national
  381  criminal history information. The department has the discretion
  382  to request Comprehensive State Automated Child Welfare
  383  Information System (SACWIS) and local, statewide, and national
  384  criminal history checks and fingerprinting of any other visitor
  385  to the home who is made known to the department. Out-of-state
  386  criminal records checks must be initiated for any individual who
  387  has resided in a state other than Florida if that state’s laws
  388  allow the release of these records. The out-of-state criminal
  389  records must be filed with the court within 5 days after receipt
  390  by the department or its agent.
  391         3. An assessment of the physical environment of the home.
  392         4. A determination of the financial security of the
  393  proposed legal custodians.
  394         5. A determination of suitable child care arrangements if
  395  the proposed legal custodians are employed outside of the home.
  396         6. Documentation of counseling and information provided to
  397  the proposed legal custodians regarding the dependency process
  398  and possible outcomes.
  399         7. Documentation that information regarding support
  400  services available in the community has been provided to the
  401  proposed legal custodians.
  402         8. The reasonable preference of the child, if the court
  403  deems the child to be of sufficient intelligence, understanding,
  404  and experience to express a preference.
  405  
  406  The department may not place the child or continue the placement
  407  of the child in a home under shelter or postdisposition
  408  placement if the results of the home study are unfavorable,
  409  unless the court finds that this placement is in the child’s
  410  best interest.
  411  
  412  Any other relevant and material evidence, including other
  413  written or oral reports, may be received by the court in its
  414  effort to determine the action to be taken with regard to the
  415  child and may be relied upon to the extent of its probative
  416  value, even though not competent in an adjudicatory hearing.
  417  Except as otherwise specifically provided, nothing in this
  418  section prohibits the publication of proceedings in a hearing.
  419         Section 5. Subsection (7) is added to section 39.522,
  420  Florida Statutes, to read:
  421         39.522 Postdisposition change of custody.—
  422         (7)Notwithstanding any other provision of this section, a
  423  childs case manager, an authorized agent of the department, or
  424  a law enforcement officer may, at any time, remove a child from
  425  a court-ordered placement and take the child into custody if the
  426  court-ordered caregiver of the child requests immediate removal
  427  of the child from the home. Additionally, an authorized agent of
  428  the department or a law enforcement officer may, at any time,
  429  remove a child from a court-ordered placement and take the child
  430  into custody if there is probable cause as required under s.
  431  39.401(1)(b).
  432         (a)If, at the time of the removal, the child was not
  433  placed in licensed care in the departments custody, the
  434  department must file a motion to modify placement within 1
  435  business day after the child is taken into custody. The court
  436  must then set a hearing within 24 hours after the motion is
  437  filed unless all of the parties and the current caregiver agree
  438  to the change of placement. At the hearing, the court must
  439  determine whether the department has established probable cause
  440  to support the immediate removal of the child from his or her
  441  current placement. The court may base its determination on a
  442  sworn petition or affidavit or on testimony and may hear all
  443  relevant and material evidence, including oral or written
  444  reports, to the extent of their probative value, even if such
  445  evidence would not be competent evidence at an adjudicatory
  446  hearing.
  447         (b)If the court finds that the department did not
  448  establish probable cause to support the removal of the child
  449  from his or her current placement, the court must enter an order
  450  that the child be returned to such placement. An order by the
  451  court to return the child to his or her current placement does
  452  not preclude a party from filing a subsequent motion pursuant to
  453  subsection (2).
  454         (c)If the current caregiver admits that a change of
  455  placement is needed or the department establishes probable cause
  456  to support removal of the child, the court must enter an order
  457  changing the placement of the child. The new placement for the
  458  child must meet the home study criteria in this chapter if the
  459  child is not placed in foster care.
  460         (d)If the court finds probable cause and modifies the
  461  childs placement, the court must conduct a hearing pursuant to
  462  subsection (2) or subsection (3), unless such hearing is waived
  463  by all parties and the caregiver.
  464         Section 6. Paragraph (a) of subsection (1) of section
  465  39.6221, Florida Statutes, is amended to read:
  466         39.6221 Permanent guardianship of a dependent child.—
  467         (1) If a court determines that reunification or adoption is
  468  not in the best interest of the child, the court may place the
  469  child in a permanent guardianship with a relative or other adult
  470  approved by the court if all of the following conditions are
  471  met:
  472         (a) The child has been in the placement for not less than
  473  the preceding 6 months, or the preceding 3 months if the
  474  caregiver is already known by the child and the caregiver has
  475  been named as the successor guardian on the childs guardianship
  476  assistance agreement.
  477         Section 7. Subsection (9) of section 39.6225, Florida
  478  Statutes, is amended to read:
  479         39.6225 Guardianship Assistance Program.—
  480         (9) Guardianship assistance payments may not shall only be
  481  made for a young adult unless the young adults whose permanent
  482  guardian entered into a guardianship assistance agreement after
  483  the child attained 14 16 years of age but before the child
  484  attained 18 years of age and if the child is:
  485         (a) Completing secondary education or a program leading to
  486  an equivalent credential;
  487         (b) Enrolled in an institution that provides postsecondary
  488  or vocational education;
  489         (c) Participating in a program or activity designed to
  490  promote or eliminate barriers to employment;
  491         (d) Employed for at least 80 hours per month; or
  492         (e) Unable to participate in programs or activities listed
  493  in paragraphs (a)-(d) full time due to a physical, intellectual,
  494  emotional, or psychiatric condition that limits participation.
  495  Any such barrier to participation must be supported by
  496  documentation in the child’s case file or school or medical
  497  records of a physical, intellectual, emotional, or psychiatric
  498  condition that impairs the child’s ability to perform one or
  499  more life activities.
  500         Section 8. Present paragraph (d) of subsection (3) of
  501  section 39.801, Florida Statutes, is redesignated as paragraph
  502  (e), and a new paragraph (d) is added to that subsection, to
  503  read:
  504         39.801 Procedures and jurisdiction; notice; service of
  505  process.—
  506         (3) Before the court may terminate parental rights, in
  507  addition to the other requirements set forth in this part, the
  508  following requirements must be met:
  509         (d)Personal appearance of a person at the advisory hearing
  510  as provided in s. 39.013(13) obviates the necessity of serving
  511  process on that person and the court may proceed with the
  512  advisory hearing and any subsequently noticed hearing.
  513         Section 9. Subsections (4), (5), and (6) of section 39.812,
  514  Florida Statutes, are amended to read:
  515         39.812 Postdisposition relief; petition for adoption.—
  516         (4) The court shall retain jurisdiction over any child
  517  placed in the custody of the department until the child is
  518  adopted. After custody of a child for subsequent adoption has
  519  been given to the department, the court has jurisdiction for the
  520  purpose of reviewing the status of the child and the progress
  521  being made toward permanent adoptive placement. As part of this
  522  continuing jurisdiction, for good cause shown by the guardian ad
  523  litem for the child, the court may:
  524         (a) Review the appropriateness of the adoptive placement of
  525  the child if good cause is shown by the guardian ad litem for
  526  the child.
  527         (b)Review the department’s denial of an application to
  528  adopt a child. The department’s decision to deny an application
  529  to adopt a child is only reviewable under this section and is
  530  not subject to chapter 120.
  531         1.If the department denies an application to adopt a
  532  child, the department must file written notification of the
  533  denial with the court and provide copies to all parties within
  534  10 business days after the department’s decision.
  535         2.A denied applicant may file a motion to have the court
  536  review the department’s denial within 30 business days after the
  537  issuance of the department’s written notification of its
  538  decision to deny the application to adopt a child. The motion to
  539  review must allege that the department unreasonably denied the
  540  application to adopt and request that the court allow the denied
  541  applicant to file a petition to adopt the child under chapter 63
  542  without the department’s consent.
  543         3.A denied applicant only has standing under this chapter
  544  to file a motion to review the department’s denial and to
  545  present evidence in support of such motion. Such standing is
  546  terminated upon the entry of the court’s order.
  547         4.The court shall hold a hearing within 30 business days
  548  after the denied applicant files the motion to review. The court
  549  may only consider whether the department’s denial of the
  550  application is consistent with its policies and if the
  551  department made such decision in an expeditious manner. The
  552  standard of review is whether the department’s denial of the
  553  application is an abuse of discretion.
  554         5.If the department selected a different applicant to
  555  adopt the child, the selected applicant may participate in the
  556  hearing as a participant as defined in s. 39.01 and may be
  557  granted leave by the court to be heard without the need to file
  558  a motion to intervene.
  559         6.Within 15 business days after the conclusion of the
  560  hearing, the court shall enter a written order denying the
  561  motion to review or finding that the department unreasonably
  562  denied the application to adopt and authorizing the denied
  563  applicant to file a petition to adopt the child under chapter 63
  564  without the department’s consent.
  565         (5) When a licensed foster parent or court-ordered
  566  custodian has applied to adopt a child who has resided with the
  567  foster parent or custodian for at least 6 months and who has
  568  previously been permanently committed to the legal custody of
  569  the department and the department does not grant the application
  570  to adopt, the department may not, in the absence of a prior
  571  court order authorizing it to do so, remove the child from the
  572  foster home or custodian, except when:
  573         (a) There is probable cause to believe that the child is at
  574  imminent risk of abuse or neglect;
  575         (b) Thirty business days have expired following written
  576  notice to the foster parent or custodian of the denial of the
  577  application to adopt, within which period no formal challenge of
  578  the department’s decision has been filed;
  579         (c)A motion to review the department’s denial of an
  580  application to adopt a child under paragraph (4)(b) has been
  581  denied; or
  582         (d)(c) The foster parent or custodian agrees to the child’s
  583  removal.
  584         (6)(5) The petition for adoption must be filed in the
  585  division of the circuit court which entered the judgment
  586  terminating parental rights, unless a motion for change of venue
  587  is granted pursuant to s. 47.122. A copy of the consent to adopt
  588  executed by the department must be attached to the petition,
  589  unless such consent is waived under pursuant to s. 63.062(7).
  590  The petition must be accompanied by a statement, signed by the
  591  prospective adoptive parents, acknowledging receipt of all
  592  information required to be disclosed under s. 63.085 and a form
  593  provided by the department which details the social and medical
  594  history of the child and each parent and includes the social
  595  security number and date of birth for each parent, if such
  596  information is available or readily obtainable. The prospective
  597  adoptive parents may not file a petition for adoption until the
  598  judgment terminating parental rights becomes final. An adoption
  599  proceeding under this subsection is governed by chapter 63.
  600         (7)(6)(a) Once a child’s adoption is finalized, the
  601  department or its contracted child-placing agency community
  602  based care lead agency must make a reasonable effort to contact
  603  the adoptive family by telephone 1 year after the date of
  604  finalization of the adoption as a postadoption service. For
  605  purposes of this subsection, the term “reasonable effort” means
  606  the exercise of reasonable diligence and care by the department
  607  or its contracted child-placing agency community-based care lead
  608  agency to make contact with the adoptive family. At a minimum,
  609  the department or its contracted child-placing agency must
  610  document the following:
  611         1. The number of attempts made by the department or its
  612  contracted child-placing agency community-based care lead agency
  613  to contact the adoptive family and whether those attempts were
  614  successful;
  615         2. The types of postadoption services that were requested
  616  by the adoptive family and whether those services were provided
  617  by the department or its contracted child-placing agency
  618  community-based care lead agency; and
  619         3. Any feedback received by the department or its
  620  contracted child-placing agency community-based care lead agency
  621  from the adoptive family relating to the quality or
  622  effectiveness of the services provided.
  623         (b) The contracted child-placing agency community-based
  624  care lead agency must report annually to the department on the
  625  outcomes achieved and recommendations for improvement under this
  626  subsection.
  627         Section 10. Present subsection (6) and (7) of section
  628  63.032, Florida Statutes, are redesignated as subsections (7)
  629  and (6), respectively, and present subsection (6) of that
  630  section is amended to read:
  631         63.032 Definitions.—As used in this chapter, the term:
  632         (7)(6) “Child-placing agency” means an any child-placing
  633  agency licensed by the department pursuant to s. 63.202 to place
  634  minors for adoption.
  635         Section 11. Present subsections (3), (4), and (5) of
  636  section 63.039, Florida Statutes, are redesignated as
  637  subsections (4), (5), and (6), respectively, and a new
  638  subsection (3) is added to that section, to read:
  639         63.039 Duty of adoption entity to prospective adoptive
  640  parents; sanctions.—
  641         (3)A licensed adoption entity must, on a quarterly basis,
  642  report to the department all private adoptions that were
  643  finalized in the preceding quarter. Information must include the
  644  age of the child, the race of the child, the ethnicity of the
  645  child, the sex of the child, the county of birth of the child,
  646  and the county of adoptive family of the child. The department
  647  may adopt rules to implement this section. The department shall
  648  make this information available as aggregate data on its
  649  website.
  650         Section 12. Subsection (7) of section 63.062, Florida
  651  Statutes, is amended to read:
  652         63.062 Persons required to consent to adoption; affidavit
  653  of nonpaternity; waiver of venue.—
  654         (7) If parental rights to the minor have previously been
  655  terminated, the adoption entity with which the minor has been
  656  placed for subsequent adoption may provide consent to the
  657  adoption. In such case, no other consent is required. If the
  658  minor has been permanently committed to the department for
  659  subsequent adoption, the department must consent to the adoption
  660  or the court order finding that the department unreasonably
  661  denied the application to adopt entered under s. 39.812(4) must
  662  be attached to the petition to adopt, and The consent of the
  663  department shall be waived upon a determination by the court
  664  that such consent is being unreasonably withheld and if the
  665  petitioner must file has filed with the court a favorable
  666  preliminary adoptive home study as required under s. 63.092.
  667         Section 13. Section 63.093, Florida Statutes, is amended to
  668  read:
  669         63.093 Adoption of children from the child welfare system.—
  670         (1) Beginning July 1, 2025, the department shall contract
  671  with one or more child-placing agencies to provide adoptive
  672  services to prospective adoptive parents, complete the adoption
  673  processes for children permanently committed to the department,
  674  and support adoptive families. The department may authorize a
  675  contracted child-placing agency to subcontract with other
  676  entities to fulfill the duties imposed in this section.
  677         (2) The department, through its contracted child-placing
  678  agency or community-based care lead agency as defined in s.
  679  409.986(3), or its subcontracted agency, must respond to an
  680  initial inquiry from a prospective adoptive parent within 7
  681  business days after receipt of the inquiry. The response must
  682  inform the prospective adoptive parent of the adoption process
  683  and the requirements for adopting a child from the child welfare
  684  system.
  685         (3)(2) The department, through its contracted child-placing
  686  agency or community-based care lead agency, or its subcontracted
  687  agency, must refer a prospective adoptive parent who is
  688  interested in adopting a child in the custody of the department
  689  to a department-approved adoptive parent training program. A
  690  prospective adoptive parent must successfully complete the
  691  training program, unless the prospective adoptive parent is a
  692  licensed foster parent or a relative or nonrelative caregiver
  693  who has:
  694         (a) Attended the training program within the last 5 years;
  695  or
  696         (b) Had the child who is available for adoption placed in
  697  their home for 6 months or longer and has been determined to
  698  understand the challenges and parenting skills needed to
  699  successfully parent the child who is available for adoption.
  700         (4)(3) A prospective adoptive parent must complete an
  701  adoption application created by the department.
  702         (5)(4) Before a child is placed in an adoptive home, the
  703  department, through its contracted child-placing agency,
  704  community-based care lead agency or its subcontracted agency
  705  must complete an adoptive home study of a prospective adoptive
  706  parent that includes observation, screening, and evaluation of
  707  the child and the prospective adoptive parent. An adoptive home
  708  study must be updated every is valid for 12 months after the
  709  date on which the study was approved. If the child was placed
  710  before the termination of parental rights, the updated placement
  711  or licensed home study may serve as the adoption home study. In
  712  addition, the department, through its contracted child-placing
  713  agency, community-based care lead agency or its subcontracted
  714  agency must complete a preparation process, as established by
  715  department rule, with the prospective adoptive parent.
  716         (6)(5) At the conclusion of the adoptive home study and
  717  preparation process, a decision must shall be made about the
  718  prospective adoptive parent’s appropriateness to adopt. This
  719  decision shall be reflected in the final recommendation included
  720  in the adoptive home study. If the recommendation is for
  721  approval, the adoptive parent application file must be submitted
  722  to the department, through its contracted child-placing agency,
  723  community-based care lead agency or its subcontracted agency for
  724  approval. The contracted child-placing agency community-based
  725  care lead agency or its subcontracted agency must approve or
  726  deny the home study within 14 business days after receipt of the
  727  recommendation.
  728         (7)The department shall adopt rules to eliminate
  729  duplicative practices and delays in the adoption home study
  730  process for a member of a uniformed service on active duty
  731  seeking to adopt in the state, including, but not limited to,
  732  providing a credit for adoption classes that have been taken in
  733  another state which substantially cover the preservice training
  734  required under s. 409.175(14)(b).
  735         (8)By November 15 of each year, the department shall
  736  submit an annual report to the Governor, the President of the
  737  Senate, and the Speaker of the House of Representatives on the
  738  status of adoptions within this state.
  739  
  740  Notwithstanding subsections (2) and (3) (1) and (2), this
  741  section does not apply to a child adopted through the process
  742  provided in s. 63.082(6).
  743         Section 14. Subsections (1), (3), (4), and (5) of section
  744  63.097, Florida Statutes, are amended, and subsection (7) is
  745  added to that section, to read:
  746         63.097 Fees.—
  747         (1) When the adoption entity is an agency, fees may be
  748  assessed if such fees they are approved by the department within
  749  the process of licensing the agency and if such fees they are
  750  for:
  751         (a) Foster care expenses;
  752         (b) Preplacement and postplacement social services; and
  753         (c) Agency facility and administrative costs.
  754         (3) The court must issue an order pursuant to s. 63.132(3)
  755  when Approval of the court is not required until the total of
  756  amounts permitted under subsection (2) exceeds:
  757         (a) $5,000 in legal or other professional fees;
  758         (b) $800 in court costs; or
  759         (c) $5,000 in reasonable and necessary living and medical
  760  expenses.
  761         (4) Any fees, costs, or expenses not included in subsection
  762  (2) or prohibited under subsection (5) require court approval
  763  and entry of an order pursuant to s. 63.132(3) before prior to
  764  payment and must be based on a finding of extraordinary
  765  circumstances.
  766         (5) The following fees, costs, and expenses are prohibited:
  767         (a) Any fee or expense that constitutes payment for
  768  locating a minor for adoption.
  769         (b) Any payment which is not itemized and documented on the
  770  affidavit filed under s. 63.132.
  771         (c) Any fee on the affidavit which is not a fee of the
  772  adoption entity, is not supported by a receipt, and does not
  773  specify the service that was provided and for which the fee is
  774  being charged, such as a fee for facilitation, acquisition, or
  775  other similar service, or which does not identify the date the
  776  service was provided, the time required to provide the service,
  777  the person or entity providing the service, and the hourly fee
  778  charged.
  779         (7)Beginning January 1, 2025, an adoption entity shall
  780  report quarterly to the department information related to the
  781  age, race, ethnicity, sex, and county of birth of the adopted
  782  child and the county of residence of the adoptive family for
  783  each finalized adoption. The department shall also report for
  784  each adoption the fees, costs, and expenses that were assessed
  785  by the adoption entity or paid by the adoption entity on behalf
  786  of the prospective adoptive parents, itemized by the categories
  787  enumerated in subsection (2), and any fees, costs, and expenses
  788  approved by the court under subsection (4). The confidentiality
  789  provisions of this chapter do not apply to the fees, costs, and
  790  expenses assessed or paid in connection with an adoption. In
  791  reporting the information required by this subsection to the
  792  department, the adoption entity shall redact any confidential
  793  identifying information concerning the child’s biological
  794  parents and the child’s adoptive parents. The department shall
  795  report quarterly on its website information for each adoption
  796  agency, including the actual fees, costs, and expenses of
  797  finalized adoptions. The department shall adopt rules to
  798  implement this subsection.
  799         Section 15. Subsection (3) of section 63.132, Florida
  800  Statutes, is amended to read:
  801         63.132 Affidavit of expenses and receipts.—
  802         (3) The court must issue a separate order approving or
  803  disapproving the fees, costs, and expenses itemized in the
  804  affidavit. The court may approve only fees, costs, and
  805  expenditures allowed under s. 63.097. An order approving fees,
  806  costs, and expenses that exceed the limits set in s. 63.097 must
  807  include a written determination of reasonableness. The court may
  808  reject in whole or in part any fee, cost, or expenditure listed
  809  if the court finds 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 (g) of subsection (1) of section
  817  63.212, Florida Statutes, is amended to read:
  818         63.212 Prohibited acts; penalties for violation.—
  819         (1) It is unlawful for any person:
  820         (g) Except an adoption entity, to place an advertisement or
  821  offer to the public, in any way, by any medium whatever that a
  822  minor is available for adoption or that a minor is sought for
  823  adoption; and, further, it is unlawful for any person purchasing
  824  advertising space or purchasing broadcast time to advertise
  825  adoption services to fail to include in any publication or fail
  826  to include in the broadcast for such advertisement the Florida
  827  license number of the adoption entity or The Florida Bar number
  828  of the attorney placing the advertisement. This prohibition
  829  applies to, but is not limited to, a paid advertisement, an
  830  article, a notice, or any other paid communication published in
  831  any newspaper or magazine, or on the Internet, on a billboard,
  832  over radio or television, or other similar media.
  833         1. Only a person who is an attorney licensed to practice
  834  law in this state or an adoption entity licensed under the laws
  835  of this state may place an advertisement in this state a paid
  836  advertisement or paid listing of the person’s telephone number,
  837  on the person’s own behalf, in a telephone directory that:
  838         a. A child is offered or wanted for adoption; or
  839         b. The person is able to place, locate, or receive a child
  840  for adoption.
  841         2. A person who publishes a telephone directory, newspaper,
  842  magazine, billboard, or any other written advertisement that is
  843  distributed in this state shall include, at the beginning of any
  844  classified heading for adoption and adoption services, a
  845  statement that informs directory users that only attorneys
  846  licensed to practice law in this state and licensed adoption
  847  entities licensed under the laws of this state may legally
  848  provide adoption services under state law.
  849         3. A person who places an advertisement described in
  850  subparagraph 1. in a telephone directory must include the
  851  following information:
  852         a. For an attorney licensed to practice law in this state,
  853  the person’s Florida Bar number.
  854         b. For a child-placing agency licensed under the laws of
  855  this state, the number on the person’s adoption entity license.
  856         Section 17. Paragraph (a) of subsection (2) and paragraph
  857  (a) of subsection (3) of section 409.1451, Florida Statutes, are
  858  amended to read:
  859         409.1451 The Road-to-Independence Program.—
  860         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  861         (a) A young adult is eligible for services and support
  862  under this subsection if he or she:
  863         1. Was living in licensed care on his or her 18th birthday
  864  or is currently living in licensed care; or was at least 14 16
  865  years of age and was adopted from foster care or placed with a
  866  court-approved dependency guardian after spending at least 6
  867  months in licensed care within the 12 months immediately
  868  preceding such placement or adoption;
  869         2. Spent at least 6 months in licensed care before reaching
  870  his or her 18th birthday;
  871         3. Earned a standard high school diploma pursuant to s.
  872  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  873  pursuant to s. 1003.435;
  874         4. Has been admitted for enrollment as a full-time student
  875  or its equivalent in an eligible postsecondary educational
  876  institution as provided in s. 1009.533. For purposes of this
  877  section, the term “full-time” means 9 credit hours or the
  878  vocational school equivalent. A student may enroll part-time if
  879  he or she has a recognized disability or is faced with another
  880  challenge or circumstance that would prevent full-time
  881  attendance. A student needing to enroll part-time for any reason
  882  other than having a recognized disability must get approval from
  883  his or her academic advisor;
  884         5. Has reached 18 years of age but is not yet 23 years of
  885  age;
  886         6. Has applied, with assistance from the young adult’s
  887  caregiver and the community-based lead agency, for any other
  888  grants and scholarships for which he or she may qualify;
  889         7. Submitted a Free Application for Federal Student Aid
  890  which is complete and error free; and
  891         8. Signed an agreement to allow the department and the
  892  community-based care lead agency access to school records.
  893         (3) AFTERCARE SERVICES.—
  894         (a)1. Aftercare services are available to a young adult who
  895  has reached 18 years of age but is not yet 23 years of age and
  896  is:
  897         a. Not in foster care.
  898         b. Temporarily not receiving financial assistance under
  899  subsection (2) to pursue postsecondary education.
  900         c.Eligible for extended guardianship assistance payments
  901  under s. 39.6225(9) or extended adoption assistance under s.
  902  409.166(4), but is not participating in either program.
  903         2. Subject to available funding, aftercare services as
  904  specified in subparagraph (b)8. are also available to a young
  905  adult who is between the ages of 18 and 22, is receiving
  906  financial assistance under subsection (2), is experiencing an
  907  emergency situation, and whose resources are insufficient to
  908  meet the emergency situation. Such assistance shall be in
  909  addition to any amount specified in paragraph (2)(b).
  910         Section 18. Paragraph (d) of subsection (4) of section
  911  409.166, Florida Statutes, is amended to read:
  912         409.166 Children within the child welfare system; adoption
  913  assistance program.—
  914         (4) ADOPTION ASSISTANCE.—
  915         (d) Effective January 1, 2019, adoption assistance payments
  916  may be made for a child whose adoptive parent entered into an
  917  initial adoption assistance agreement after the child reached 14
  918  16 years of age but before the child reached 18 years of age.
  919  Such payments may be made until the child reaches age 21 if the
  920  child is:
  921         1. Completing secondary education or a program leading to
  922  an equivalent credential;
  923         2. Enrolled in an institution that provides postsecondary
  924  or vocational education;
  925         3. Participating in a program or activity designed to
  926  promote or eliminate barriers to employment;
  927         4. Employed for at least 80 hours per month; or
  928         5. Unable to participate in programs or activities listed
  929  in subparagraphs 1.-4. full time due to a physical, an
  930  intellectual, an emotional, or a psychiatric condition that
  931  limits participation. Any such barrier to participation must be
  932  supported by documentation in the child’s case file or school or
  933  medical records of a physical, an intellectual, an emotional, or
  934  a psychiatric condition that impairs the child’s ability to
  935  perform one or more life activities.
  936         Section 19. Section 409.1662, Florida Statutes, is
  937  repealed.
  938         Section 20. Section 409.1664, Florida Statutes, is amended
  939  to read:
  940         409.1664 Adoption benefits for qualifying adoptive
  941  employees of state agencies, veterans, servicemembers, and law
  942  enforcement officers, health care practitioners, and tax
  943  collector employees.—
  944         (1) As used in this section, the term:
  945         (a) “Child within the child welfare system” has the same
  946  meaning as provided in s. 409.166(2).
  947         (b) Health care practitioner means a person listed in s.
  948  456.001(4) who holds an active license from the Department of
  949  Health and whose gross income does not exceed $150,000 per year.
  950         (c) “Law enforcement officer” has the same meaning as
  951  provided in s. 943.10(1).
  952         (d)(c) “Qualifying adoptive employee” means a full-time or
  953  part-time employee of a state agency, a charter school
  954  established under s. 1002.33, or the Florida Virtual School
  955  established under s. 1002.37, who is not an independent
  956  contractor and who adopts a child within the child welfare
  957  system pursuant to chapter 63 on or after July 1, 2015. The term
  958  includes instructional personnel, as defined in s. 1012.01, who
  959  are employed by the Florida School for the Deaf and the Blind,
  960  and includes other-personal-services employees who have been
  961  continuously employed full time or part time by a state agency
  962  for at least 1 year.
  963         (e)(d) “Servicemember” has the same meaning as in s.
  964  250.01(19).
  965         (f)(e) “State agency” means a branch, department, or agency
  966  of state government for which the Chief Financial Officer
  967  processes payroll requisitions, a state university or Florida
  968  College System institution as defined in s. 1000.21, a school
  969  district unit as defined in s. 1001.30, or a water management
  970  district as defined in s. 373.019.
  971         (g)Tax collector employee means an employee of an office
  972  of county tax collector in this state.
  973         (h)(f) “Veteran” has the same meaning as in s. 1.01(14).
  974         (2) A qualifying adoptive employee, veteran, law
  975  enforcement officer, health care practitioner, tax collector
  976  employee, or servicemember who adopts a child within the child
  977  welfare system who is difficult to place as described in s.
  978  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  979  benefit in the amount of $25,000 $10,000 per such child, subject
  980  to applicable taxes. A law enforcement officer who adopts a
  981  child within the child welfare system who is difficult to place
  982  as described in s. 409.166(2)(d)2. is eligible to receive a
  983  lump-sum monetary benefit in the amount of $25,000 per such
  984  child, subject to applicable taxes. A qualifying adoptive
  985  employee, veteran, law enforcement officer, health care
  986  practitioner, tax collector employee, or servicemember who
  987  adopts a child within the child welfare system who is not
  988  difficult to place as described in s. 409.166(2)(d)2. is
  989  eligible to receive a lump-sum monetary benefit in the amount of
  990  $10,000 $5,000 per such child, subject to applicable taxes. A
  991  law enforcement officer who adopts a child within the child
  992  welfare system who is not difficult to place as described in s.
  993  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  994  benefit in the amount of $10,000 per each such child, subject to
  995  applicable taxes. A qualifying adoptive employee of a charter
  996  school or the Florida Virtual School may retroactively apply for
  997  the monetary benefit provided in this subsection if such
  998  employee was employed by a charter school or the Florida Virtual
  999  School when he or she adopted a child within the child welfare
 1000  system pursuant to chapter 63 on or after July 1, 2015. A
 1001  veteran or servicemember may apply for the monetary benefit
 1002  provided in this subsection if he or she is domiciled in this
 1003  state and adopts a child within the child welfare system
 1004  pursuant to chapter 63 on or after July 1, 2020. A law
 1005  enforcement officer may apply for the monetary benefit provided
 1006  in this subsection if he or she is domiciled in this state and
 1007  adopts a child within the child welfare system pursuant to
 1008  chapter 63 on or after July 1, 2022. A health care practitioner
 1009  or tax collector employee may apply for the monetary benefit
 1010  provided in this subsection if he or she is domiciled in this
 1011  state and adopts a child within the child welfare system
 1012  pursuant to chapter 63 on or after July 1, 2024.
 1013         (a) Benefits paid to a qualifying adoptive employee who is
 1014  a part-time employee must be prorated based on the qualifying
 1015  adoptive employee’s full-time equivalency at the time of
 1016  applying for the benefits.
 1017         (b) Monetary benefits awarded under this subsection are
 1018  limited to one award per adopted child within the child welfare
 1019  system.
 1020         (c) The payment of a lump-sum monetary benefit for adopting
 1021  a child within the child welfare system under this section is
 1022  subject to a specific appropriation to the department for such
 1023  purpose.
 1024         (3) A qualifying adoptive employee must apply to his or her
 1025  agency head, or to his or her school director in the case of a
 1026  qualifying adoptive employee of a charter school or the Florida
 1027  Virtual School, to obtain the monetary benefit provided in
 1028  subsection (2). A veteran, or servicemember, or tax collector
 1029  employee must apply to the department to obtain the benefit. A
 1030  law enforcement officer must apply to the Department of Law
 1031  Enforcement to obtain the benefit. A health care practitioner
 1032  must apply to the Department of Health to obtain the benefit.
 1033  Applications must be on forms approved by the department and
 1034  must include a certified copy of the final order of adoption
 1035  naming the applicant as the adoptive parent. Monetary benefits
 1036  shall be approved on a first-come, first-served basis based upon
 1037  the date that each fully completed application is received by
 1038  the department.
 1039         (4) This section does not preclude a qualifying adoptive
 1040  employee, veteran, servicemember, health care practitioner, tax
 1041  collector employee, or law enforcement officer from receiving
 1042  adoption assistance for which he or she may qualify under s.
 1043  409.166 or any other statute that provides financial incentives
 1044  for the adoption of children.
 1045         (5) Parental leave for a qualifying adoptive employee must
 1046  be provided in accordance with the personnel policies and
 1047  procedures of his or her employer.
 1048         (6) The department may adopt rules to administer this
 1049  section. The rules may provide for an application process such
 1050  as, but not limited to, an open enrollment period during which
 1051  qualifying adoptive employees, veterans, servicemembers, health
 1052  care practitioners, tax collector employees, or law enforcement
 1053  officers may apply for monetary benefits under this section.
 1054         (7) The Chief Financial Officer shall disburse a monetary
 1055  benefit to a qualifying adoptive employee upon the department’s
 1056  submission of a payroll requisition. The Chief Financial Officer
 1057  shall transfer funds from the department to a state university,
 1058  a Florida College System institution, a school district unit, a
 1059  charter school, the Florida Virtual School, or a water
 1060  management district, as appropriate, to enable payment to the
 1061  qualifying adoptive employee through the payroll systems as long
 1062  as funds are available for such purpose.
 1063         (8) To receive an approved monetary benefit under this
 1064  section, a veteran or servicemember must be registered as a
 1065  vendor with the state.
 1066         (9) Each state agency shall develop a uniform procedure for
 1067  informing employees about this benefit and for assisting the
 1068  department in making eligibility determinations and processing
 1069  applications. Any procedure adopted by a state agency is valid
 1070  and enforceable if the procedure does not conflict with the
 1071  express terms of this section.
 1072         Section 21. Subsections (1) through (4) of section 409.167,
 1073  Florida Statutes, are amended to read:
 1074         409.167 Statewide adoption exchange; establishment;
 1075  responsibilities; registration requirements; rules.—
 1076         (1) The Department of Children and Families shall
 1077  establish, either directly or through purchase, a statewide
 1078  adoption exchange, with a photo listing component, which serves
 1079  shall serve all authorized licensed child-placing agencies in
 1080  the state as a means of recruiting adoptive families for
 1081  children who have been legally freed for adoption and who have
 1082  been permanently placed with the department or a licensed child
 1083  placing agency. The statewide adoption exchange must shall
 1084  provide, in accordance with rules adopted by the department,
 1085  descriptions and photographs of such children, as well as any
 1086  other information deemed useful in the recruitment of adoptive
 1087  families for each child. The photo listing component of the
 1088  statewide adoption exchange must be updated monthly and may not
 1089  be accessible to the public, except to persons who have
 1090  completed or are in the process of completing an adoption home
 1091  study.
 1092         (2)(a) Each district of the department shall refer each
 1093  child in its care who has been legally freed for adoption to the
 1094  statewide adoption exchange no later than 30 days after the date
 1095  of acceptance by the department for permanent placement. The
 1096  referral must be accompanied by a photo listing photograph and
 1097  description of the child. Any child 12 years of age or older may
 1098  request that a specific photo be used for their entry and must
 1099  be consulted during the development of their description.
 1100         (b) The department shall establish criteria by which a
 1101  district may determine that a child need not be registered with
 1102  the statewide adoption exchange. Within 30 days after the date
 1103  of acceptance by the department for permanent placement, the
 1104  name of the child accepted for permanent placement must be
 1105  forwarded to the statewide adoption exchange by the district
 1106  together with reference to the specific reason why the child
 1107  should not be placed on the statewide adoption exchange. If the
 1108  child has not been placed for adoption within 3 months after the
 1109  date of acceptance by the department for permanent placement,
 1110  the district must shall provide the statewide adoption exchange
 1111  with the necessary photograph and information for registration
 1112  of the child with the statewide adoption exchange and the child
 1113  must shall be placed on the statewide adoption exchange. The
 1114  department shall establish procedures for monitoring the status
 1115  of children who are not placed on the statewide adoption
 1116  exchange within 30 days after the date of acceptance by the
 1117  department for permanent placement.
 1118         (3) In accordance with rules established by the department,
 1119  the statewide adoption exchange may accept, from licensed child
 1120  placing agencies, information pertaining to children meeting the
 1121  criteria of this section, and to prospective adoptive families,
 1122  for registration with the statewide adoption exchange.
 1123         (4) For purposes of facilitating family-matching between
 1124  children and prospective adoptive parents, the statewide
 1125  adoption exchange must shall provide the photo listing component
 1126  service to all licensed child-placing agencies and, in
 1127  accordance with rules adopted established by the department, to
 1128  all appropriate citizen groups and other organizations and
 1129  associations interested in children’s services. The photo
 1130  listing component of the statewide adoption exchange may not be
 1131  accessible to the public, except to persons who have completed
 1132  or are in the process of completing an adoption home study.
 1133         Section 22. Effective July 1, 2025, paragraph (a) of
 1134  subsection (1) of section 409.988, Florida Statutes, is amended
 1135  to read:
 1136         409.988 Community-based care lead agency duties; general
 1137  provisions.—
 1138         (1) DUTIES.—A lead agency:
 1139         (a)1. Shall serve:
 1140         a. all children referred as a result of a report of abuse,
 1141  neglect, or abandonment to the department’s central abuse
 1142  hotline, including, but not limited to, children who are the
 1143  subject of verified reports and children who are not the subject
 1144  of verified reports but who are at moderate to extremely high
 1145  risk of abuse, neglect, or abandonment, as determined using the
 1146  department’s risk assessment instrument, regardless of the level
 1147  of funding allocated to the lead agency by the state if all
 1148  related funding is transferred.
 1149         b.Children who were adopted from the child welfare system
 1150  and whose families require postadoption supports.
 1151         2. May also serve children who have not been the subject of
 1152  reports of abuse, neglect, or abandonment, but who are at risk
 1153  of abuse, neglect, or abandonment, to prevent their entry into
 1154  the child protection and child welfare system.
 1155         Section 23. Except as otherwise expressly provided in this
 1156  act, this act shall take effect July 1, 2024.