Senate Bill sb1388c1
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Florida Senate - 2007 CS for SB 1388
By the Committee on Children, Families, and Elder Affairs; and
Senator Storms
586-2067-07
1 A bill to be entitled
2 An act relating to adoption and child
3 protection; amending s. 39.001, F.S.;
4 redesignating the Office of Child Abuse
5 Prevention as the Office of Adoption and Child
6 Protection; revising the purpose of the office;
7 redesignating the director of the office as the
8 Chief Child Advocate; providing for the
9 promotion of adoption and support of adoptive
10 families in the state plan of the office;
11 revising the content requirement of an annual
12 report; establishing the Child Abuse Prevention
13 and Permanency Advisory Council and providing
14 for its composition; requiring the office, in
15 conjunction with the Department of Children and
16 Family Services and the Department of
17 Education, to develop a certification program
18 for certain professionals who provide services
19 related to adoption and support of adoptive
20 families; providing additional purposes for
21 district plans of action; creating s. 39.0011,
22 F.S.; authorizing the office to establish a
23 direct-support organization; providing
24 purposes, requirements, and objectives;
25 providing for members of a board of directors
26 of the direct-support organization; requiring
27 the organization to operate under contract with
28 the office; providing guidelines for the use of
29 funds; amending ss. 39.0014 and 39.01, F.S.;
30 conforming references to changes made by the
31 act; creating s. 409.1661, F.S.; establishing a
1
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Florida Senate - 2007 CS for SB 1388
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1 subsidized adoption program; providing
2 definitions; providing eligibility; providing
3 for waiver of certain adoption fees; requiring
4 the Department of Children and Family Services
5 to adopt rules; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (6) through (9) of section
10 39.001, Florida Statutes, are amended to read:
11 39.001 Purposes and intent; personnel standards and
12 screening.--
13 (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
14 ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
15 child abuse, abandonment, and neglect has increased rapidly
16 over the past 5 years. The impact that abuse, abandonment, or
17 neglect has on the victimized child, siblings, family
18 structure, and inevitably on all citizens of the state has
19 caused the Legislature to determine that the prevention of
20 child abuse, abandonment, and neglect shall be a priority of
21 this state. To further this end, it is the intent of the
22 Legislature that an Office of Adoption and Child Protection
23 Abuse Prevention be established.
24 (7) OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE
25 PREVENTION.--
26 (a) For purposes of establishing a comprehensive
27 statewide approach for the promotion of adoption, support of
28 adoptive families, and prevention of child abuse, abandonment,
29 and neglect, the Office of Adoption and Child Protection Abuse
30 Prevention is created within the Executive Office of the
31 Governor. The Governor shall appoint a Chief Child Advocate
2
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Florida Senate - 2007 CS for SB 1388
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1 director for the office who shall be subject to confirmation
2 by the Senate.
3 (b) The Chief Child Advocate director shall:
4 1. Assist in the development of developing rules
5 pertaining to the promotion of adoption, support of adoptive
6 families, and implementation of child abuse prevention
7 efforts.
8 2. Act as the Governor's liaison with state agencies,
9 other state governments, and the public and private sectors on
10 matters that relate to the promotion of adoption, support of
11 adoptive families, and child abuse prevention.
12 3. Work to secure funding and other support for the
13 state's efforts to promote adoption, support adoptive
14 families, and prevent child abuse prevention efforts,
15 including, but not limited to, establishing cooperative
16 relationships among state and private agencies.
17 4. Develop a strategic program and funding initiative
18 that links the separate jurisdictional activities of state
19 agencies with respect to the promotion of adoption, support of
20 adoptive families, and child abuse prevention. The office may
21 designate lead and contributing agencies to develop such
22 initiatives.
23 5. Advise the Governor and the Legislature on
24 statistics related to adoption and child abuse trends in this
25 state, the status of current adoption programs and services,
26 current child abuse prevention programs and services, the
27 funding of those programs and services, and the status of the
28 office with regard to the development and implementation of a
29 the state strategy for the promotion of adoption, support of
30 adoptive families, and child abuse prevention strategy.
31
3
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1 6. Develop child abuse prevention public awareness
2 campaigns for the promotion of adoption, the support of
3 adoptive families, and child abuse prevention to be
4 implemented throughout the state.
5 (c) The office is authorized and directed to:
6 1. Oversee the preparation and implementation of the
7 state plan established under subsection (8) and revise and
8 update the state plan as necessary.
9 2. Provide for or make available continuing
10 professional education and training in the prevention of child
11 abuse and neglect.
12 3. Work to secure funding in the form of
13 appropriations, gifts, and grants from the state, the Federal
14 Government, and other public and private sources in order to
15 ensure that sufficient funds are available for the promotion
16 of adoption, support of adoptive families, and child abuse
17 prevention efforts.
18 4. Make recommendations pertaining to agreements or
19 contracts for the establishment and development of:
20 a. Programs and services for the promotion of
21 adoption, support of adoptive families, and the prevention of
22 child abuse and neglect.
23 b. Training programs for the prevention of child abuse
24 and neglect.
25 c. Multidisciplinary and discipline-specific training
26 programs for professionals with responsibilities affecting
27 children, young adults, and families.
28 d. Efforts to promote adoption.
29 e. Postadoptive services to support adoptive families.
30 5. Monitor, evaluate, and review the development and
31 quality of local and statewide services and programs for the
4
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1 promotion of adoption, support of adoptive families, and
2 prevention of child abuse and neglect and shall publish and
3 distribute an annual report of its findings on or before
4 January 1 of each year to the Governor, the Speaker of the
5 House of Representatives, the President of the Senate, the
6 secretary of each state agency affected by the report, and the
7 appropriate substantive committees of the Legislature. The
8 report shall include:
9 a. A summary of the activities of the office.
10 b. A summary of adoption data collected and reported
11 to the Adoption and Foster Care Analysis and Reporting System
12 (AFCARS) and the federal Administration for Children and
13 Families.
14 c. A summary of abuse prevention data collected and
15 reported to the National Child Abuse and Neglect Data System
16 (NCANDS) and the federal Administration for Children and
17 Families.
18 d.b. A summary detailing the timelines of the adoption
19 process for children adopted from within the child welfare
20 system demographic and geographic characteristics of families
21 served by the prevention programs.
22 e.c. Recommendations, by state agency, for the further
23 development and improvement of services and programs for the
24 promotion of adoption, support of adoptive families, and
25 prevention of child abuse and neglect.
26 f.d. The budget requests, adoption promotion and
27 support needs, and child abuse prevention program needs by
28 state agency.
29 6. Work with the direct-support organization
30 established under s. 39.0011 and receive financial support
31 from the organization.
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1 (8) PLAN FOR COMPREHENSIVE APPROACH.--
2 (a) The office shall develop a state plan for the
3 promotion of adoption, support of adoptive families, and
4 prevention of abuse, abandonment, and neglect of children and
5 shall submit the state plan to the Speaker of the House of
6 Representatives, the President of the Senate, and the Governor
7 no later than December 31, 2008 2007. The Department of
8 Children and Family Services, the Department of Corrections,
9 the Department of Education, the Department of Health, the
10 Department of Juvenile Justice, the Department of Law
11 Enforcement, the Agency for Persons with Disabilities, and the
12 Agency for Workforce Innovation shall participate and fully
13 cooperate in the development of the state plan at both the
14 state and local levels. Furthermore, appropriate local
15 agencies and organizations must shall be provided an
16 opportunity to participate in the development of the state
17 plan at the local level. Appropriate local groups and
18 organizations includes shall include, but is not be limited
19 to, community mental health centers; guardian ad litem
20 programs for children under the circuit court; the school
21 boards of the local school districts; the Florida local
22 advocacy councils; community-based care lead agencies; private
23 or public organizations or programs with recognized expertise
24 in working with child abuse prevention programs for children
25 and families; private or public organizations or programs with
26 recognized expertise in working with children who are sexually
27 abused, physically abused, emotionally abused, abandoned, or
28 neglected and with expertise in working with the families of
29 such children; private or public programs or organizations
30 with expertise in maternal and infant health care;
31 multidisciplinary child protection teams; child day care
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1 centers; law enforcement agencies; and the circuit courts,
2 when guardian ad litem programs are not available in the local
3 area. The state plan to be provided to the Legislature and the
4 Governor shall include, as a minimum, the information required
5 under of the various groups in paragraph (b).
6 (b) The development of the state plan shall be
7 accomplished in the following manner:
8 1. The office shall establish a Child Abuse Prevention
9 and Permanency Advisory Council composed of representatives
10 from each state agency and appropriate local agencies and
11 organizations specified in paragraph (a) and an adoptive
12 parent who has adopted a child from within the child welfare
13 system. The advisory council shall serve as the research arm
14 of the office and shall be responsible for:
15 a. Assisting in developing a plan of action for better
16 coordination and integration of the goals, activities, and
17 funding pertaining to the promotion and support of adoption
18 and the prevention of child abuse, abandonment, and neglect
19 conducted by the office in order to maximize staff and
20 resources at the state level. The plan of action must shall be
21 included in the state plan.
22 b. Assisting in providing a basic format to be used
23 utilized by the districts in the preparation of local plans of
24 action in order to provide for uniformity in the district
25 plans and to provide for greater ease in compiling information
26 for the state plan.
27 c. Providing the districts with technical assistance
28 in the development of local plans of action, if requested.
29 d. Assisting in examining the local plans to determine
30 if all the requirements of the local plans have been met and,
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Florida Senate - 2007 CS for SB 1388
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1 if they have not, informing the districts of the deficiencies
2 and requesting the additional information needed.
3 e. Assisting in preparing the state plan for
4 submission to the Legislature and the Governor. Such
5 preparation must shall include incorporating the incorporation
6 into the state plan of information obtained from the local
7 plans into the state plan, the cooperative plans with the
8 members of the advisory council, and the plan of action for
9 coordination and integration of state departmental activities.
10 The state plan must shall include a section reflecting general
11 conditions and needs, an analysis of variations based on
12 population or geographic areas, identified problems, and
13 recommendations for change. In essence, the state plan must
14 shall provide an analysis and summary of each element of the
15 local plans to provide a statewide perspective. The state plan
16 must shall also include each separate local plan of action.
17 f. Conducting a feasibility study on the establishment
18 of a Children's Cabinet.
19 g. Working with the specified state agency in
20 fulfilling the requirements of subparagraphs 2., 3., 4., and
21 5.
22 2. The office, the department, the Department of
23 Education, and the Department of Health shall work together in
24 developing ways to inform and instruct parents of school
25 children and appropriate district school personnel in all
26 school districts in the detection of child abuse, abandonment,
27 and neglect and in the proper action that should be taken in a
28 suspected case of child abuse, abandonment, or neglect, and in
29 caring for a child's needs after a report is made. The plan
30 for accomplishing this end must shall be included in the state
31 plan.
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1 3. The office, the department, the Department of Law
2 Enforcement, and the Department of Health shall work together
3 in developing ways to inform and instruct appropriate local
4 law enforcement personnel in the detection of child abuse,
5 abandonment, and neglect and in the proper action that should
6 be taken in a suspected case of child abuse, abandonment, or
7 neglect.
8 4. Within existing appropriations, the office shall
9 work with other appropriate public and private agencies to
10 support emphasize efforts to educate the general public about
11 the problem of and ways to detect child abuse, abandonment,
12 and neglect and in the proper action that should be taken in a
13 suspected case of child abuse, abandonment, or neglect. The
14 plan for accomplishing this end must shall be included in the
15 state plan.
16 5. The office, the department, the Department of
17 Education, and the Department of Health shall work together on
18 enhancing or adapting the enhancement or adaptation of
19 curriculum materials to assist instructional personnel in
20 providing instruction through a multidisciplinary approach on
21 the identification, intervention, and prevention of child
22 abuse, abandonment, and neglect. The curriculum materials must
23 shall be geared toward a sequential program of instruction at
24 the four progressional levels, K-3, 4-6, 7-9, and 10-12.
25 Strategies for encouraging all school districts to use utilize
26 the curriculum are to be included in the state plan for the
27 prevention of child abuse, abandonment, and neglect.
28 6. The office, the department, and the Department of
29 Education shall work together to develop a postgraduate
30 certification program for mental health and education
31
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Florida Senate - 2007 CS for SB 1388
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1 professionals who provide services to adoptive children and
2 their families.
3 7.6. Each district of the department shall develop a
4 local plan of action for its specific geographical area. The
5 plan developed at the district level shall be submitted to the
6 advisory council for utilization in preparing the state plan.
7 The district local plan of action shall be prepared with the
8 involvement and assistance of the local agencies and
9 organizations listed in this paragraph, as well as
10 representatives from those departmental district offices
11 participating in the promotion of adoption, support of
12 adoptive families, and treatment and prevention of child
13 abuse, abandonment, and neglect. In order to accomplish this,
14 the office shall establish a task force on the promotion of
15 adoption, support of adoptive families, and prevention of
16 child abuse, abandonment, and neglect. The office shall
17 appoint the members of the task force in accordance with the
18 membership requirements of this section. The office shall
19 ensure that individuals from both urban and rural areas and an
20 adoptive parent who has adopted a child from within the child
21 welfare system are represented on the task force. The task
22 force shall develop a written statement clearly identifying
23 its operating procedures, purpose, overall responsibilities,
24 and method of meeting responsibilities. The local district
25 plan of action to be prepared by the task force must shall
26 include, but shall not be limited to:
27 a. Documentation of the magnitude of the problems of
28 child abuse, including sexual abuse, physical abuse, and
29 emotional abuse, and child abandonment and neglect in its
30 geographical area.
31
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1 b. A description of programs currently serving abused,
2 abandoned, and neglected children and their families and a
3 description of programs for the prevention of child abuse,
4 abandonment, and neglect, including information on the impact,
5 cost-effectiveness, and sources of funding of such programs.
6 c. Information concerning the number of children
7 within the child welfare system who are available for adoption
8 and who need child-specific adoption promotion efforts.
9 d. A description of programs currently promoting and
10 supporting adoptive families, including information concerning
11 the results, cost-effectiveness, and sources of funding of
12 such programs.
13 e. A description of a comprehensive strategy for
14 providing postadoption services. The continuum of services
15 must include, but need not be limited to, sufficient and
16 accessible parent and teen support groups; case management,
17 information, and referral services; and educational advocacy.
18 f.c. A continuum of programs and services necessary
19 for providing a comprehensive approach to the promotion of
20 adoption and the prevention of all types of child abuse,
21 abandonment, and neglect as well as a brief description of
22 such programs and services.
23 g.d. A description, documentation, and priority
24 ranking of local needs related to the promotion of adoption,
25 support of adoptive parents, and prevention of child abuse,
26 abandonment, and neglect prevention based upon the continuum
27 of programs and services.
28 h.e. A plan for steps to be taken in meeting
29 identified needs, including the coordination and integration
30 of services to avoid unnecessary duplication and cost, and for
31 alternative funding strategies for meeting needs through the
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1 reallocation of existing resources, utilization of volunteers,
2 contracting with local universities for services, and local
3 government or private agency funding.
4 i.f. A description of barriers to the accomplishment
5 of a comprehensive approach to the promotion of adoption,
6 support of adoptive families, and prevention of child abuse,
7 abandonment, and neglect.
8 j.g. Recommendations for changes that can be
9 accomplished only at the state program level or by legislative
10 action.
11 (9) FUNDING AND SUBSEQUENT PLANS.--
12 (a) All budget requests submitted by the office, the
13 department, the Department of Health, the Department of
14 Education, the Department of Juvenile Justice, the Department
15 of Corrections, the Agency for Persons with Disabilities, the
16 Agency for Workforce Innovation, or any other agency to the
17 Legislature for funding of efforts for the promotion of
18 adoption, support of adoptive families, and prevention of
19 child abuse, abandonment, and neglect must shall be based on
20 the state plan developed pursuant to this section.
21 (b) The office and the other agencies and
22 organizations listed in paragraph (8)(a) shall readdress the
23 state plan and make necessary revisions every 5 years, at a
24 minimum. Such revisions shall be submitted to the Speaker of
25 the House of Representatives and the President of the Senate
26 no later than June 30 of each year divisible by 5. At least
27 biennially, the office shall review the state plan and make
28 any necessary revisions based on changing needs and program
29 evaluation results. An annual progress report shall be
30 submitted to update the state plan in the years between the
31 5-year intervals. In order to avoid duplication of effort,
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1 these required plans may be made a part of or merged with
2 other plans required by either the state or Federal
3 Government, so long as the portions of the other state or
4 Federal Government plan that constitute the state plan for the
5 promotion of adoption, support of adoptive families, and
6 prevention of child abuse, abandonment, and neglect are
7 clearly identified as such and are provided to the Speaker of
8 the House of Representatives and the President of the Senate
9 as required above.
10 Section 2. Section 39.0011, Florida Statutes, is
11 created to read:
12 39.0011 Direct-support organization.--
13 (1) The Office of Adoption and Child Protection,
14 established under s. 39.001, may establish a direct-support
15 organization to assist the state in carrying out its purposes
16 and responsibilities regarding the promotion of adoption,
17 support of adoptive families, and prevention of child abuse,
18 abandonment, and neglect by raising money; submitting requests
19 for and receiving grants from the Federal Government, the
20 state or its political subdivisions, private foundations, and
21 individuals; and making expenditures to or for the benefit of
22 the office. The sole purpose for the direct-support
23 organization is to support the office. The direct-support
24 organization must be:
25 (a) Incorporated under chapter 617 and approved by the
26 Department of State as a Florida not-for-profit corporation;
27 (b) Organized and operated to make expenditures to or
28 for the benefit of the office; and
29 (c) Approved by the office to be operating for the
30 benefit of and in a manner consistent with the goals of the
31 office and in the best interest of the state.
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1 (2) The number of members on the board of directors of
2 the direct-support organization shall be determined by the
3 Chief Child Advocate. Membership on the board of directors of
4 the direct-support organization shall include, but need not be
5 limited to, a guardian ad litem; a member of a local advocacy
6 council; a representative from a community-based care lead
7 agency; a representative from a private or public organization
8 or program having recognized expertise in working with child
9 abuse prevention programs for children and families; a
10 representative of a private or public organization or program
11 with recognized expertise in working with children who are
12 sexually abused, physically abused, emotionally abused,
13 abandoned, or neglected and having expertise in working with
14 the families of such children; an individual working at a
15 state adoption agency; and the parent of a child adopted from
16 within the child welfare system.
17 (3) The direct-support organization shall operate
18 under written contract with the office.
19 (4) All moneys received by the direct-support
20 organization must be deposited into an account of the
21 direct-support organization and be used by the organization in
22 a manner consistent with the goals of the office.
23 Section 3. Section 39.0014, Florida Statutes, is
24 amended to read:
25 39.0014 Responsibilities of public agencies.--All
26 state, county, and local agencies shall cooperate, assist, and
27 provide information to the Office of Adoption and Child
28 Protection Abuse Prevention and the department as will enable
29 them to fulfill their responsibilities under this chapter.
30 Section 4. Subsection (45) of section 39.01, Florida
31 Statutes, is amended to read:
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1 39.01 Definitions.--When used in this chapter, unless
2 the context otherwise requires:
3 (45) "Office" means the Office of Adoption and Child
4 Protection Abuse Prevention within the Executive Office of the
5 Governor.
6 Section 5. Section 409.1661, Florida Statutes, is
7 created to read:
8 409.1661 Adoption promotion subsidy.
9 (1) DEFINITIONS.--As used in this section, the term:
10 (a) "Licensed child-placing agency" has the same
11 meaning as in s. 39.01.
12 (b) "Special needs child" has the same meaning as in
13 s. 409.166.
14 (2) ADOPTION PROMOTION SUBSIDY.--
15 (a) The Department of Children and Family Services
16 shall make adoption promotion subsidies available to
17 prospective adoptive parents. Funding appropriated for such
18 subsidies may not be used for any other purpose. Subject to
19 appropriations, adoption promotion subsidies shall be
20 available when adopting the following children:
21 1. For the support and maintenance of a special needs
22 child. An adoption promotion subsidy provided under this
23 subparagraph may be provided until the child's 18th birthday,
24 shall be in addition to the adoption assistance subsidies
25 available under s. 409.166, and shall be in an amount agreed
26 to between the adoptive parents and the department which must
27 be memorialized in writing. However, the total amount of all
28 subsidy payments may not exceed $5,000 annually unless the
29 secretary of the department approves an enhanced rate due to
30 circumstances such as, but not limited to, the child's
31 physical or mental condition.
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1 2. For the support and maintenance of a child within
2 the child welfare system who has been removed from the child's
3 caregiver due to abuse, neglect, or abandonment and whose
4 permanent custody has been awarded to the department or to a
5 licensed child-placing agency. An adoption promotion subsidy
6 provided under this subparagraph may be provided until the
7 child's 18th birthday and shall be in an amount agreed to
8 between the adoptive parents and the department which must be
9 memorialized in writing. However, the payment amount may not
10 exceed $5,000 annually unless the secretary of the department
11 approves an enhanced rate due to circumstances such as, but
12 not limited to, a child's need for extensive care or
13 supervision.
14 3. For the support and maintenance of a child other
15 than a child described in subparagraph 1. or subparagraph 2.
16 residing in this state, who was born in the United States or
17 born to a United States citizen who was in the military or
18 working overseas at the time of the child's birth, and whose
19 biological parents have had their parental rights terminated.
20 An adoption promotion subsidy provided under this subparagraph
21 may be provided for the 3 years following the finalization of
22 the adoption and may not exceed $3,000 annually. The payment
23 shall be in an amount agreed to between the adoptive parents
24 and the department and must be memorialized in writing. In
25 order to be eligible for an adoption promotion subsidy, an
26 adopting parent must be a legal resident of the state and have
27 filed a sworn statement of domicile pursuant to s. 222.17. A
28 stepparent who is legally married to a child's biological
29 parent is not eligible for a subsidy under this subparagraph.
30 (b) The department shall keep the data and records
31 necessary to evaluate the effectiveness of the subsidy in
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1 promoting adoption and supporting adoptive families. The
2 department shall provide this information to the Office of
3 Adoption and Child Protection.
4 (3) WAIVER OF ADOPTION FEES.--Adoption fees shall be
5 waived for an adoptive parent who adopts a child who is in the
6 custody of the department. Adoption fees may be waived for
7 families who adopt children in the custody of a licensed
8 child-placing agency, or who adopt children placed by an
9 intermediary, and who receive or may be eligible for subsidies
10 under this section. Retroactive reimbursement of fees is not
11 required for families who adopt children in the custody of
12 licensed child-placing agencies.
13 (4) RULEMAKING.--The department shall adopt rules
14 pursuant to ss. 120.536(1) and 120.54 to administer this
15 section.
16 Section 6. This act shall take effect July 1, 2007.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 1388
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21 Strikes the requirement for the Chief Child Advocate to be
confirmed by the Senate and strikes the section appropriating
22 funds, subject to certain contingencies, to One Church, One
Child of Florida Corporation.
23
Corrects other technical deficiencies.
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