HB 7077

1	A bill to be entitled
2	An act relating to child protection; amending s. 39.01,
3	F.S.; defining the term "child who has exhibited
4	inappropriate sexual behavior"; amending s. 39.0121, F.S.;
5	authorizing the Department of Children and Family Services
6	to adopt rules providing for reporting, locating,
7	recovering, and stabilizing missing children who are
8	involved with the department; amending s. 39.0138, F.S.;
9	specifying additional persons to be subject to a criminal
10	history records check prior to placement of a child;
11	requiring a criminal history records check of persons
12	being considered for placement of a child to include a
13	search of the department's automated abuse information
14	system; authorizing the department to adopt rules
15	establishing standards for evaluating such information;
16	creating s. 39.0141, F.S.; requiring the department, the
17	community-based care provider, or the appropriate law
18	enforcement agency to file a report following a
19	determination that a child involved with the department is
20	missing; amending s. 39.201, F.S.; providing for
21	additional methods to report suspected child abuse,
22	abandonment, and neglect of a child or to report a child
23	who has exhibited inappropriate sexual behavior; amending
24	s. 39.301, F.S.; conforming language relating to reporting
25	suspected child abuse, abandonment, and neglect; providing
26	certain exceptions to the requirements that a child
27	protective investigation be closed within 60 days;
28	amending s. 39.307, F.S.; revising provisions relating to
29	the provision of services to a child in cases of child-on-
30	child sexual abuse to include a child who has exhibited
31	inappropriate sexual behavior; revising terminology;
32	amending s. 39.401, F.S.; requiring a law enforcement
33	officer who takes a child into custody to release such
34	child to an adoptive parent of the child's sibling, if the
35	sibling was previously adopted; requiring judicial
36	approval for the placement of a child with a nonrelative;
37	amending s. 39.502, F.S.; requiring certain notice to
38	foster and preadoptive parents of any hearings involving
39	the child in their care; amending s. 39.503, F.S.;
40	revising procedures relating to diligent searches for
41	missing parents and relatives; amending s. 39.504, F.S.;
42	revising procedures related to injunctions pending
43	disposition of petition issued to protect a child;
44	requiring that such injunctions remain in effect until
45	modified or dissolved by the court; providing additional
46	conditions for an injunction to protect a child from
47	domestic violence; providing for process of service;
48	authorizing law enforcement officers to exercise certain
49	arrest powers; amending s. 39.507, F.S.; limiting a court
50	to one order adjudicating dependency; providing for
51	supplemental findings; correcting a cross-reference;
52	amending s. 39.521, F.S.; providing an exception from the
53	requirement for a predisposition study in dependency
54	proceedings; correcting cross-references; amending s.
55	39.621, F.S.; requiring that an adoptive parent of a
56	child's sibling be given the opportunity to apply to adopt
57	such child if the child is available for adoption;
58	requiring that such application be given priority
59	consideration if it is in the best interest of the child;
60	amending s. 39.701, F.S.; requiring that notice of a
61	judicial review of a child's status be served on certain
62	persons regardless of whether or not they attended a prior
63	hearing at which the hearing was announced; amending s.
64	63.0541, F.S.; permitting certain information contained in
65	the Florida Putative Father Registry to be disclosed to
66	the department; amending s. 322.142, F.S.; authorizing the
67	department to be provided copies of driver's license files
68	maintained by the Department of Highway Safety and Motor
69	Vehicles for the purpose of conducting protective
70	investigations and expediting the determination of
71	eligibility for public assistance; amending s. 402.401;
72	providing for administration of the Florida Child Welfare
73	Student Loan Forgiveness Program by the Department of
74	Children and Family Services rather than the Department of
75	Education; authorizing loan reimbursement to certain
76	eligible employees; revising loan eligibility
77	requirements; directing the Department of Children and
78	Family Services to adopt rules to administer the program;
79	amending s. 409.1671, F.S.; providing for certain coverage
80	in lieu of personal motor vehicle insurance for
81	automobiles not owned by a lead agency that are used for
82	agency business; amending s. 409.175, F.S.; revising
83	requirements for licensure as a foster home or child-
84	caring agency; deleting the exemption from licensure for
85	persons who receive a child from the department;
86	clarifying that a permanent guardian is exempt from
87	licensure; amending s. 787.04, F.S.; prohibiting a person
88	from knowingly and willfully taking or removing a minor
89	from the state or concealing the location of a minor
90	during the pendency of a dependency proceeding or any
91	other action concerning alleged abuse or neglect of the
92	minor; amending s. 937.021, F.S.; requiring that a report
93	of a missing child made by the department, a community-
94	based care provider, or the appropriate law enforcement
95	agency be treated as a missing child report filed by a
96	parent or guardian; prohibiting a law enforcement agency
97	from requiring an order that a child be taken into custody
98	or any other such order before accepting a missing child
99	report for investigation; amending ss. 393.0661, 393.071,
100	393.125, 39.0015, 39.205, 39.302, 39.6011, 39.828, and
101	419.001, F.S.; conforming cross-references; amending s. 1,
102	ch. 2007-174, Laws of Florida; extending the date for the
103	repeal of provisions authorizing the reorganization of the
104	Department of Children and Family Services; providing
105	effective dates.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Subsections (14) through (74) of section 39.01,
110	Florida Statutes, are renumbered as subsections (15) through
111	(75), respectively, and a new subsection (14) is added to that
112	section to read:
113	39.01  Definitions.--When used in this chapter, unless the
114	context otherwise requires:
115	(14)  "Child who has exhibited inappropriate sexual
116	behavior" means a child who is 12 years of age or younger and
117	has been found by the department or the court to have committed
118	an inappropriate sexual act.
119	Section 2.  Subsection (16) is added to section 39.0121,
120	Florida Statutes, to read:
121	39.0121  Specific rulemaking authority.--Pursuant to the
122	requirements of s. 120.536, the department is specifically
123	authorized to adopt, amend, and repeal administrative rules
124	which implement or interpret law or policy, or describe the
125	procedure and practice requirements necessary to implement this
126	chapter, including, but not limited to, the following:
127	(16)  Provision for reporting, locating, recovering, and
128	stabilizing a child whose whereabouts become unknown while the
129	child is involved with the department and for preventing
130	recurrences of such incidents. At a minimum, the rules must:
131	(a)  Provide comprehensive, explicit, and consistent
132	guidelines to be followed by the department's employees and
133	contracted providers when the whereabouts of a child involved
134	with the department is unknown.
135	(b)  Include criteria to determine when a child is missing
136	for purposes of making a report to a law enforcement agency and
137	require that in all cases in which a law enforcement agency has
138	accepted a case for criminal investigation pursuant to s.
139	39.301(2)(c) and the child's whereabouts are unknown, the child
140	shall be considered missing and a report shall be made.
141	(c)  Include steps to be taken by employees and contracted
142	providers to ensure and provide evidence that parents and
143	guardians have been advised of the requirements of s. 787.04(3)
144	and that any violation of s. 787.04(3) is reported.
145	Section 3.  Subsection (1) of section 39.0138, Florida
146	Statutes, is amended to read:
147	39.0138  Criminal history records check; limit on placement
148	of a child.--
149	(1)  The department shall conduct a criminal history
150	records check on for all persons being considered by the
151	department for approval for placement of a child subject to a
152	placement decision under this chapter, including all nonrelative
153	placement decisions, all members of the household of the person
154	being considered, and all frequent visitors to the household.
155	For purposes of this section, a criminal history records check
156	may include, but is not limited to, submission of fingerprints
157	to the Department of Law Enforcement for processing and
158	forwarding to the Federal Bureau of Investigation for state and
159	national criminal history information, and local criminal
160	records checks through local law enforcement agencies. A
161	criminal history records check must also include a search of the
162	department's automated abuse information system. The department
163	shall establish by rule standards for evaluating any information
164	contained in the automated system relating to a person who must
165	be screened for purposes of making a placement decision.
166	Section 4.  Section 39.0141, Florida Statutes, is created
167	to read:
168	39.0141  Missing children; report required.--Whenever the
169	whereabouts of a child involved with the department becomes
170	unknown, the department, the community-based care provider, or
171	the appropriate law enforcement agency providing investigative
172	services for the department shall make reasonable efforts, as
173	defined by rule, to locate the child. If, pursuant to criteria
174	established by rule, the child is determined to be missing, the
175	department, the community-based care provider, or the
176	appropriate law enforcement agency shall file a report that the
177	child is missing in accordance with s. 937.021.
178	Section 5.  Subsections (2), (4), and (7) of section
179	39.201, Florida Statutes, are amended to read:
180	39.201  Mandatory reports of child abuse, abandonment, or
181	neglect; mandatory reports of death; central abuse hotline.--
182	(2)(a)  Each report of known or suspected child abuse,
183	abandonment, or neglect by a parent, legal custodian, caregiver,
184	or other person responsible for the child's welfare as defined
185	in this chapter, except those solely under s. 827.04(3), and
186	each report that a child is in need of supervision and care and
187	has no parent, legal custodian, or responsible adult relative
188	immediately known and available to provide supervision and care
189	shall be made immediately to the department's central abuse
190	hotline. Such reports may be made on the single statewide toll-
191	free telephone number or via fax or web-based report. Personnel
192	at the department's central abuse hotline shall determine if the
193	report received meets the statutory definition of child abuse,
194	abandonment, or neglect. Any report meeting one of these
195	definitions shall be accepted for the protective investigation
196	pursuant to part III of this chapter.
197	(b)  If the report is of an instance of known or suspected
198	child abuse by someone other than a parent, legal custodian,
199	caregiver, or other person responsible for the child's welfare
200	as defined in this chapter, the report or call shall be
201	immediately electronically transferred to the appropriate county
202	sheriff's office by the central abuse hotline.
203	(c)  If the report is of an instance of known or suspected
204	child abuse, abandonment, or neglect that occurred out of state
205	and the alleged perpetrator and the child alleged to be a victim
206	live out of state, the central abuse hotline shall not accept
207	the report or call for investigation, but shall transfer the
208	information on the report to the appropriate state.
209	(d)  If the report is of an instance of known or suspected
210	child abuse involving impregnation of a child under 16 years of
211	age by a person 21 years of age or older solely under s.
212	827.04(3), the report shall be made immediately to the
213	appropriate county sheriff's office or other appropriate law
214	enforcement agency. If the report is of an instance of known or
215	suspected child abuse solely under s. 827.04(3), the reporting
216	provisions of this subsection do not apply to health care
217	professionals or other persons who provide medical or counseling
218	services to pregnant children when such reporting would
219	interfere with the provision of medical services.
220	(e)  Reports involving known or suspected institutional
221	child abuse or neglect shall be made and received in the same
222	manner as all other reports made pursuant to this section.
223	(f)  Reports involving a known or suspected juvenile sexual
224	offender or a child who has exhibited inappropriate sexual
225	behavior shall be made and received by the department.
226	1.  The department shall determine the age of the alleged
227	juvenile sexual offender, if known.
228	2.  If When the alleged juvenile sexual offender is 12
229	years of age or younger, the central abuse hotline shall
230	immediately electronically transfer the report or call to the
231	county sheriff's appropriate law enforcement agency office. The
232	department shall conduct an assessment and assist the family in
233	receiving appropriate services pursuant to s. 39.307, and send a
234	written report of the allegation to the appropriate county
235	sheriff's office within 48 hours after the initial report is
236	made to the central abuse hotline.
237	3.  If When the alleged juvenile sexual offender is 13
238	years of age or older, the central abuse hotline department
239	shall immediately electronically transfer the report or call to
240	the appropriate county sheriff's office by the central abuse
241	hotline, and send a written report to the appropriate county
242	sheriff's office within 48 hours after the initial report to the
243	central abuse hotline.
244	(g)  Reports involving abandoned newborn infants as
245	described in s. 383.50 shall be made and received by the
246	department.
247	1.  If the report is of an abandoned newborn infant as
248	described in s. 383.50 and there is no indication of abuse,
249	neglect, or abandonment other than that necessarily entailed in
250	the infant having been left at a hospital, emergency medical
251	services station, or fire station, the department shall provide
252	to the caller the name of a licensed child-placing agency on a
253	rotating basis from a list of licensed child-placing agencies
254	eligible and required to accept physical custody of and to place
255	newborn infants left at a hospital, emergency medical services
256	station, or fire station. The report shall not be considered a
257	report of abuse, neglect, or abandonment solely because the
258	infant has been left at a hospital, emergency medical services
259	station, or fire station pursuant to s. 383.50.
260	2.  If the call, fax, or web-based report includes caller
261	reports indications of abuse or neglect beyond that necessarily
262	entailed in the infant having been left at a hospital, emergency
263	medical services station, or fire station, the report shall be
264	considered as a report of abuse, neglect, or abandonment and
265	shall be subject to the requirements of s. 39.395 and all other
266	relevant provisions of this chapter, notwithstanding any
267	provisions of chapter 383.
268	(h)  Hotline counselors shall receive periodic training in
269	encouraging reporters to provide their names when reporting
270	abuse, abandonment, or neglect. Callers shall be advised of the
271	confidentiality provisions of s. 39.202. The department shall
272	secure and install electronic equipment that automatically
273	provides to the hotline the number from which the call or fax is
274	placed or the Internet protocol (IP) address from which the
275	report is received. This number shall be entered into the report
276	of abuse, abandonment, or neglect and become a part of the
277	record of the report, but shall enjoy the same confidentiality
278	as provided to the identity of the reporter caller pursuant to
279	s. 39.202.
280	(i)  The department shall voice-record all incoming or
281	outgoing calls that are received or placed by the central abuse
282	hotline which relate to suspected or known child abuse, neglect,
283	or abandonment. The department shall maintain an electronic copy
284	of each fax and web-based report. The recording or electronic
285	copy of each fax and web-based report shall become a part of the
286	record of the report but, notwithstanding s. 39.202, shall be
287	released in full only to law enforcement agencies and state
288	attorneys for the purpose of investigating and prosecuting
289	criminal charges pursuant to s. 39.205, or to employees of the
290	department for the purpose of investigating and seeking
291	administrative penalties pursuant to s. 39.206. Nothing in this
292	paragraph shall prohibit the use of the recordings, the
293	electronic copies of faxes, and web-based reports by hotline
294	staff for quality assurance and training.
295	(4)  The department shall establish and maintain a central
296	abuse hotline to receive all reports made pursuant to this
297	section in writing, via fax, via web-based reporting, or through
298	a single statewide toll-free telephone number, which any person
299	may use to report known or suspected child abuse, abandonment,
300	or neglect at any hour of the day or night, any day of the week.
301	The central abuse hotline shall be operated in such a manner as
302	to enable the department to:
303	(a)  Immediately identify and locate prior reports or cases
304	of child abuse, abandonment, or neglect through utilization of
305	the department's automated tracking system.
306	(b)  Monitor and evaluate the effectiveness of the
307	department's program for reporting and investigating suspected
308	abuse, abandonment, or neglect of children through the
309	development and analysis of statistical and other information.
310	(c)  Track critical steps in the investigative process to
311	ensure compliance with all requirements for any report of abuse,
312	abandonment, or neglect.
313	(d)  Maintain and produce aggregate statistical reports
314	monitoring patterns of child abuse, child abandonment, and child
315	neglect. The department shall collect and analyze child-on-child
316	sexual abuse reports and include the information in aggregate
317	statistical reports.
318	(e)  Serve as a resource for the evaluation, management,
319	and planning of preventive and remedial services for children
320	who have been subject to abuse, abandonment, or neglect.
321	(f)  Initiate and enter into agreements with other states
322	for the purpose of gathering and sharing information contained
323	in reports on child maltreatment to further enhance programs for
324	the protection of children.
325	(7)  On an ongoing basis, the department's quality
326	assurance program shall review calls, fax reports, and web-based
327	reports to the hotline involving three or more unaccepted
328	reports on a single child, where jurisdiction applies, in order
329	to detect such things as harassment and situations that warrant
330	an investigation because of the frequency or variety of the
331	source of the reports. The Program Director for Family Safety
332	may refer a case for investigation when it is determined, as a
333	result of this review, that an investigation may be warranted.
334	Section 6.  Subsections (1) and (16) of section 39.301,
335	Florida Statutes, are amended to read:
336	39.301  Initiation of protective investigations.--
337	(1)  Upon receiving a an oral or written report of known or
338	suspected child abuse, abandonment, or neglect, or that a child
339	is in need of supervision and care and has no parent, legal
340	custodian, or responsible adult relative immediately known and
341	available to provide supervision and care, the central abuse
342	hotline shall determine if the report requires an immediate
343	onsite protective investigation. For reports requiring an
344	immediate onsite protective investigation, the central abuse
345	hotline shall immediately notify the department's designated
346	children and families district staff responsible for protective
347	investigations to ensure that an onsite investigation is
348	promptly initiated. For reports not requiring an immediate
349	onsite protective investigation, the central abuse hotline shall
350	notify the department's designated children and families
351	district staff responsible for protective investigations in
352	sufficient time to allow for an investigation. At the time of
353	notification of district staff with respect to the report, the
354	central abuse hotline shall also provide information on any
355	previous report concerning a subject of the present report or
356	any pertinent information relative to the present report or any
357	noted earlier reports.
358	(16)  The department shall complete its protective
359	investigation within No later than 60 days after receiving the
360	initial report, unless: the local office of the department shall
361	complete its investigation.
362	(a)  There is an active, concurrent criminal investigation
363	that will continue beyond the 60-day period and the closure of
364	the protective investigation may compromise successful criminal
365	prosecution of the child abuse or neglect case, in which case
366	the closure date shall coincide with the closure date of the
367	criminal investigation and any resulting legal action.
368	(b)  In child death cases, the final report of the medical
369	examiner is necessary for the department to close its
370	investigation and the report has not been received within the
371	60-day period, in which case the report closure date shall be
372	extended to accommodate the medical examiner's final report.
373	(c)  A child who is necessary to an investigation has been
374	declared missing by the department, a law enforcement agency, or
375	a court, in which case the 60-day period shall be extended until
376	the child has been located or until sufficient information
377	exists to close the investigation although the child's location
378	remains unknown.
379	Section 7.  Subsections (2), (3), (4), and (5) of section
380	39.307, Florida Statutes, are amended to read:
381	39.307  Reports of child-on-child sexual abuse.--
382	(2)  District staff, at a minimum, shall adhere to the
383	following procedures:
384	(a)  The purpose of the response to a report alleging
385	juvenile sexual abuse behavior shall be explained to the
386	caregiver.
387	1.  The purpose of the response shall be explained in a
388	manner consistent with legislative purpose and intent provided
389	in this chapter.
390	2.  The name and office telephone number of the person
391	responding shall be provided to the caregiver of the alleged
392	juvenile sexual offender or the child who has exhibited
393	inappropriate sexual behavior and the victim's caregiver.
394	3.  The possible consequences of the department's response,
395	including outcomes and services, shall be explained to the
396	caregiver of the alleged juvenile sexual offender or the child
397	who has exhibited inappropriate sexual behavior and the victim's
398	family or caregiver.
399	(b)  The caregiver of the alleged juvenile sexual offender
400	or the child who has exhibited inappropriate sexual behavior and
401	the victim's caregiver of the victim shall be involved to the
402	fullest extent possible in determining the nature of the
403	allegation and the nature of any problem or risk to other
404	children.
405	(c)  The assessment of risk and the perceived treatment
406	needs of the alleged juvenile sexual offender or the child who
407	has exhibited inappropriate sexual behavior, the victim, and
408	respective caregivers shall be conducted by the district staff,
409	the child protection team of the Department of Health, and other
410	providers under contract with the department to provide services
411	to the caregiver of the alleged offender, the victim, and the
412	victim's caregiver.
413	(d)  The assessment shall be conducted in a manner that is
414	sensitive to the social, economic, and cultural environment of
415	the family.
416	(e)  If When necessary, the child protection team of the
417	Department of Health shall conduct a physical examination of the
418	victim that which is sufficient to meet forensic requirements.
419	(f)  Based on the information obtained from the alleged
420	juvenile sexual offender or the child who exhibited
421	inappropriate sexual behavior, his or her the alleged juvenile
422	sexual offender's caregiver, the victim, and the victim's
423	caregiver, an assessment service and treatment needs report must
424	be completed within 7 days and, if needed, a case plan developed
425	within 30 days.
426	(g)  The department shall classify the outcome of its
427	initial assessment of the report as follows:
428	1.  Report closed. Services were not offered to the alleged
429	juvenile sexual offender because the department determined that
430	there was no basis for intervention.
431	2.  Services accepted by alleged offender or child who has
432	exhibited inappropriate sexual behavior. Services were offered
433	to the alleged juvenile sexual offender or the child who has
434	exhibited inappropriate sexual behavior and accepted by the
435	caregiver.
436	3.  Report closed. Services were offered to the alleged
437	juvenile sexual offender or the child who has exhibited
438	inappropriate sexual behavior, but were rejected by the
439	caregiver.
440	4.  Notification to law enforcement. Either The risk to the
441	victim's safety and well-being cannot be reduced by the
442	provision of services or the caregiver family rejected services,
443	and notification of the alleged delinquent act or violation of
444	law to the appropriate law enforcement agency was initiated.
445	5.  Services accepted by victim. Services were offered to
446	the victim of the alleged juvenile sexual offender and accepted
447	by the caregiver.
448	6.  Report closed. Services were offered to the victim of
449	the alleged juvenile sexual offender, but were rejected by the
450	caregiver.
451	(3)  If When services have been accepted by the alleged
452	juvenile sexual offender or the child who has exhibited
453	inappropriate sexual behavior, the victim, and respective
454	caregivers or family, the department shall designate a case
455	manager and develop a specific case plan.
456	(a)  Upon receipt of the plan, the caregiver or family
457	shall indicate its acceptance of the plan in writing.
458	(b)  The case manager shall periodically review the
459	progress toward achieving the objectives of the plan in order
460	to:
461	1.  Make adjustments to the plan or take additional action
462	as provided in this part; or
463	2.  Terminate the case if when indicated by successful or
464	substantial achievement of the objectives of the plan.
465	(4)(5)  Services provided to the alleged juvenile sexual
466	offender or the child who has exhibited inappropriate sexual
467	behavior, the victim, and respective caregivers or family under
468	this section shall be voluntary and of necessary duration.
469	(5)(4)  If In the event the family or caregiver of the
470	alleged juvenile sexual offender or the child who has exhibited
471	inappropriate sexual behavior fails to adequately participate or
472	allow for the adequate participation of the child juvenile
473	sexual offender in the services or treatment delineated in the
474	case plan, the case manager may recommend that the department:
475	(a)  Close the case;
476	(b)  Refer the case to mediation or arbitration, if
477	available; or
478	(c)  Notify the appropriate law enforcement agency of
479	failure to comply.
480	Section 8.  Subsections (2) and (3) of section 39.401,
481	Florida Statutes, are amended, and subsection (5) is added to
482	that section, to read:
483	39.401  Taking a child alleged to be dependent into
484	custody; law enforcement officers and authorized agents of the
485	department.--
486	(2)  If the law enforcement officer takes the child into
487	custody, that officer shall:
488	(a)  Release the child to:
489	1.  The parent or legal custodian of the child;
490	2.  A responsible adult approved by the court when limited
491	to temporary emergency situations;
492	3.  A responsible adult relative who shall be given
493	priority consideration over a nonrelative placement when this is
494	in the best interests of the child; or
495	4.  The adoptive parent of the child's sibling, if such
496	sibling was previously adopted, if it is in the best interest of
497	the child to do so; or
498	5.4.  A responsible adult approved by the department; or
499	(b)  Deliver the child to an authorized agent of the
500	department, stating the facts by reason of which the child was
501	taken into custody and sufficient information to establish
502	probable cause that the child is abandoned, abused, or
503	neglected, or otherwise dependent.
504
505	For cases involving allegations of abandonment, abuse, or
506	neglect, or other dependency cases, within 3 days after such
507	release or within 3 days after delivering the child to an
508	authorized agent of the department, the law enforcement officer
509	who took the child into custody shall make a full written report
510	to the department.
511	(3)  If the child is taken into custody by, or is delivered
512	to, an authorized agent of the department, the authorized agent
513	shall review the facts supporting the removal with an attorney
514	representing the department. The purpose of the this review is
515	shall be to determine whether there is probable cause exists for
516	the filing of a shelter petition.
517	(a)  If the facts are not sufficient to support the filing
518	of a shelter petition, the child shall immediately be returned
519	to the custody of the parent or legal custodian.
520	(b)  If the facts are sufficient to support the filing of
521	the shelter petition and the child has not been returned to the
522	custody of the parent or legal custodian, the department shall
523	file the petition and schedule a hearing, and the attorney
524	representing the department shall request that a shelter hearing
525	be held within as quickly as possible, not to exceed 24 hours
526	after the removal of the child. While awaiting the shelter
527	hearing, the authorized agent of the department may place the
528	child in licensed shelter care or may release the child to a
529	parent or legal custodian or responsible adult relative who
530	shall be given priority consideration over a licensed placement,
531	or a responsible adult approved by the department if when this
532	is in the best interests of the child. Any Placement of a child
533	which is not in a licensed shelter must be preceded by a
534	criminal history records check as required under s. 39.0138
535	local and state criminal records check, as well as a search of
536	the department's automated abuse information system, on all
537	members of the household, to assess the child's safety within
538	the home. In addition, the department may authorize placement of
539	a housekeeper/homemaker in the home of a child alleged to be
540	dependent until the parent or legal custodian assumes care of
541	the child.
542	(5)  Judicial review and approval is required within 24
543	hours after placement for all nonrelative placements. A
544	nonrelative placement must be for a specific and predetermined
545	period of time, not to exceed 12 months, and shall be reviewed
546	by the court at least every 6 months. If the nonrelative
547	placement continues for longer than 12 months, the department
548	shall request the court to establish permanent guardianship or
549	require that the nonrelative seek licensure as a foster care
550	provider within 30 days after the court decision.
551	Section 9.  Subsections (1) and (17) of section 39.502,
552	Florida Statutes, are amended to read:
553	39.502  Notice, process, and service.--
554	(1)(a)  Unless parental rights have been terminated, all
555	parents must be notified of all proceedings or hearings
556	involving the child. Notice in cases involving shelter hearings
557	and hearings resulting from medical emergencies must be that
558	most likely to result in actual notice to the parents. In all
559	other dependency proceedings, notice must be provided in
560	accordance with subsections (4)-(9).
561	(b)  A foster parent or a preadoptive parent must receive
562	at least 72-hour notice, either verbally or in writing, of all
563	proceedings or hearings relating to a child in his or her care,
564	or whom the parent is seeking to adopt.
565	(17)  The parent or legal custodian of the child, the
566	attorney for the department, the guardian ad litem, the foster
567	parent, the preadoptive parent, and all other parties and
568	participants shall be given reasonable notice of all hearings
569	provided for under this part.
570	Section 10.  Subsection (6) of section 39.503, Florida
571	Statutes, is amended to read:
572	39.503  Identity or location of parent unknown; special
573	procedures.--
574	(6)  The diligent search required by subsection (5) must
575	include, at a minimum, inquiries of all relatives of the parent
576	or prospective parent made known to the petitioner, inquiries of
577	all offices of program areas of the department likely to have
578	information about the parent or prospective parent, inquiries of
579	other state and federal agencies likely to have information
580	about the parent or prospective parent, inquiries of appropriate
581	utility and postal providers, a thorough search of at least one
582	electronic database specifically designed for locating persons,
583	a search of the putative father registry, and inquiries of
584	appropriate law enforcement agencies. Pursuant to s. 453 of the
585	Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as
586	the state agency administering Titles IV-B and IV-E of the act,
587	along with any entity contracted by the department to perform
588	diligent searches, shall be provided access to the federal and
589	state parent locator service for diligent search activities. A
590	search using an electronic database specifically designed for
591	locating persons shall be accepted by the court as a sufficient
592	diligent search provided the search tool encompasses all
593	reasonably available public databases commonly used to locate
594	missing persons.
595	Section 11.  Section 39.504, Florida Statutes, is amended
596	to read:
597	39.504  Injunction pending disposition of petition;
598	penalty.--
599	(1)(a)  At any time after a protective investigation has
600	been initiated pursuant to part III When a petition for shelter
601	placement or a petition for dependency has been filed or when a
602	child has been taken into custody and reasonable cause, as
603	defined in paragraph (b), exists, the court, upon the request of
604	the department, a law enforcement officer, the state attorney,
605	or other responsible person, or upon its own motion, may, if
606	there is reasonable cause, shall have the authority to issue an
607	injunction to prevent any act of child abuse or any unlawful
608	sexual offense involving a child.
609	(b)  Reasonable cause for the issuance of an injunction
610	exists if there is evidence of child abuse or an unlawful sexual
611	offense involving a child or if there is a reasonable likelihood
612	of such abuse or offense occurring based upon a recent overt act
613	or failure to act.
614	(2)  Notice shall be provided to the parties as set forth
615	in the Florida Rules of Juvenile Procedure, unless the child is
616	reported to be in imminent danger, in which case the court may
617	issue an injunction immediately. A judge may issue an emergency
618	injunction pursuant to this section without notice if at times
619	when the court is closed for the transaction of judicial
620	business. If When such an immediate injunction is issued, the
621	court must shall hold a hearing on the next day of judicial
622	business either to dissolve the injunction or to continue or
623	modify it in accordance with the other provisions of this
624	section.
625	(3)(a)  If In every instance in which an injunction is
626	issued under this section, the primary purpose of the injunction
627	must be shall be primarily to protect and promote the best
628	interests of the child, taking the preservation of the child's
629	immediate family into consideration. The effective period of the
630	injunction shall be determined by the court, except that the
631	injunction will expire at the time of the disposition of the
632	petition for shelter placement or dependency.
633	(a)(b)  The injunction shall apply to the alleged or actual
634	offender in a case of child abuse or acts of domestic violence
635	an unlawful sexual offense involving a child. The conditions of
636	the injunction shall be determined by the court, which
637	conditions may include ordering the alleged or actual offender
638	to:
639	1.  Refrain from further abuse or acts of domestic violence
640	unlawful sexual activity involving a child.
641	2.  Participate in a specialized treatment program.
642	3.  Limit contact or communication with the child victim,
643	other children in the home, or any other child.
644	4.  Refrain from contacting the child at home, school,
645	work, or wherever the child may be found.
646	5.  Have limited or supervised visitation with the child.
647	6.  Pay temporary support for the child or other family
648	members; the costs of medical, psychiatric, and psychological
649	treatment for the child victim incurred as a result of the
650	offenses; and similar costs for other family members.
651	7.  Vacate the home in which the child resides.
652	(b)  If the intent of the injunction is to protect the
653	child from domestic violence, the conditions may also include:
654	1.  Awarding the exclusive use and possession of the
655	dwelling to the caregiver or excluding the alleged or actual
656	offender from the residence of the caregiver.
657	2.  Awarding the temporary custody of the child to the
658	caregiver.
659	3.  Establishing temporary support for the child.
660
661	This paragraph does not preclude the adult victim of domestic
662	violence from seeking protection under s. 741.30.
663	(c)  The terms of the injunction shall remain in effect
664	until modified or dissolved by the court. The petitioner,
665	respondent, or caregiver may move at any time to modify or
666	dissolve the injunction. The injunction is valid and enforceable
667	in all counties in the state. At any time prior to the
668	disposition of the petition, the alleged or actual offender may
669	offer the court evidence of changed circumstances as a ground to
670	dissolve or modify the injunction.
671	(4)  The process of service to the respondent shall be
672	carried out pursuant to s. 741.30. The department shall deliver
673	a copy of any injunction issued pursuant to this section shall
674	be delivered to the protected party, or a parent or caregiver or
675	individual acting in the place of a parent who is not the
676	respondent, and to any law enforcement agency having
677	jurisdiction to enforce such injunction. Upon delivery of the
678	injunction to the appropriate law enforcement agency, the agency
679	shall have the duty and responsibility to enforce the
680	injunction. Law enforcement officers may exercise their arrest
681	powers as provided in s. 901.15(6) to enforce the terms of the
682	injunction.
683	(5)  Any person who fails to comply with an injunction
684	issued pursuant to this section commits is guilty of a
685	misdemeanor of the first degree, punishable as provided in s.
686	775.082 or s. 775.083.
687	Section 12.  Subsection (7) of section 39.507, Florida
688	Statutes, is amended to read:
689	39.507  Adjudicatory hearings; orders of adjudication.--
690	(7)(a)  For as long as a court maintains jurisdiction over
691	a dependency case, only one order adjudicating each child in the
692	case dependent shall be entered. This order establishes the
693	legal status of the child for purposes of proceedings under this
694	chapter and may be based on the conduct of one parent, both
695	parents, or a legal custodian.
696	(b)  Upon a properly noticed motion, a subsequent
697	evidentiary hearing may be held regarding the conduct of one
698	parent, both parents, or a custodian. With court approval,
699	supplemental findings made beyond a preponderance of the
700	evidence may be entered. However, the court must determine
701	whether each parent or legal custodian identified in the case
702	abused, abandoned, or neglected the child in a subsequent
703	evidentiary hearing. If the evidentiary hearing is conducted
704	subsequent to the adjudication of the child, the court shall
705	supplement the adjudicatory order, disposition order, and the
706	case plan, as necessary. The child's dependency status may not
707	be retried or readjudicated.
708	(c)  If a court adjudicates a child dependent and the child
709	is in out-of-home care, the court shall inquire of the parent or
710	parents whether the parents have relatives who might be
711	considered as a placement for the child. The court shall advise
712	the parents that, if the parents fail to substantially comply
713	with the case plan, their parental rights may be terminated and
714	that the child's out-of-home placement may become permanent. The
715	parent or parents shall provide to the court and all parties
716	identification and location information of the relatives.
717	Section 13.  Paragraphs (a) and (f) of subsection (1) of
718	section 39.521, Florida Statutes, are amended to read:
719	39.521  Disposition hearings; powers of disposition.--
720	(1)  A disposition hearing shall be conducted by the court,
721	if the court finds that the facts alleged in the petition for
722	dependency were proven in the adjudicatory hearing, or if the
723	parents or legal custodians have consented to the finding of
724	dependency or admitted the allegations in the petition, have
725	failed to appear for the arraignment hearing after proper
726	notice, or have not been located despite a diligent search
727	having been conducted.
728	(a)  A written case plan and a predisposition study
729	prepared by an authorized agent of the department must be filed
730	with the court and served upon the parents of the child,
731	provided to the representative of the guardian ad litem program,
732	if the program has been appointed, and provided to all other
733	parties, not less than 72 hours before the disposition hearing.
734	All such case plans must be approved by the court. If the court
735	does not approve the case plan at the disposition hearing, the
736	court must set a hearing within 30 days after the disposition
737	hearing to review and approve the case plan. The court may grant
738	an exception to the requirement for a predisposition study by
739	separate order or within the judge's order of disposition upon
740	finding that all information regarding the family and child
741	required by subsection (2) is available in other documents filed
742	with the court.
743	(f)  If the court places the child in an out-of-home
744	placement, the disposition order must include a written
745	determination that the child cannot safely remain at home with
746	reunification or family preservation services and that removal
747	of the child is necessary to protect the child. If the child is
748	has been removed before the disposition hearing, the order must
749	also include a written determination as to whether, after
750	removal, the department has made a reasonable effort to reunify
751	the parent and child, if reasonable efforts are required.
752	Reasonable efforts to reunify are not required if the court
753	finds has found that any of the acts listed in s. 39.806(1)(f)-
754	(i) have occurred. The department has the burden of
755	demonstrating that it has made reasonable efforts under this
756	paragraph.
757	1.  For the purposes of this paragraph, the term
758	"reasonable effort" means the exercise of reasonable diligence
759	and care by the department to provide the services ordered by
760	the court or delineated in the case plan.
761	2.  In support of its determination as to whether
762	reasonable efforts have been made, the court shall:
763	a.  Enter written findings as to whether or not prevention
764	or reunification efforts were indicated.
765	b.  If prevention or reunification efforts were indicated,
766	include a brief written description of what appropriate and
767	available prevention and reunification efforts were made.
768	c.  Indicate in writing why further efforts could or could
769	not have prevented or shortened the separation of the parent and
770	child.
771	3.  A court may find that the department has made a
772	reasonable effort to prevent or eliminate the need for removal
773	if:
774	a.  The first contact of the department with the family
775	occurs during an emergency;
776	b.  The appraisal by the department of the home situation
777	indicates that it presents a substantial and immediate danger to
778	the child's safety or physical, mental, or emotional health
779	which cannot be mitigated by the provision of preventive
780	services;
781	c.  The child cannot safely remain at home, either because
782	there are no preventive services that can ensure the health and
783	safety of the child or, even with appropriate and available
784	services being provided, the health and safety of the child
785	cannot be ensured; or
786	d.  The parent is alleged to have committed any of the acts
787	listed as grounds for expedited termination of parental rights
788	under in s. 39.806(1)(f)-(i).
789	4.  A reasonable effort by the department for reunification
790	of the parent and child has been made if the appraisal of the
791	home situation by the department indicates that the severity of
792	the conditions of dependency is such that reunification efforts
793	are inappropriate. The department has the burden of
794	demonstrating to the court that reunification efforts were
795	inappropriate.
796	5.  If the court finds that the prevention or reunification
797	effort of the department would not have permitted the child to
798	remain safely at home, the court may commit the child to the
799	temporary legal custody of the department or take any other
800	action authorized by this chapter.
801	Section 14.  Subsection (6) of section 39.621, Florida
802	Statutes, is amended to read:
803	39.621  Permanency determination by the court.--
804	(6)  If a child will not be reunited with a parent,
805	adoption, under chapter 63, is the primary permanency option. If
806	the child is a sibling of a previously adopted child and the
807	child becomes available for adoption, the adoptive parent of the
808	previously placed sibling shall be offered the opportunity to
809	apply to adopt the child and the adoptive parent's application
810	shall be given priority consideration if it is in the best
811	interest of the child. If the child is placed with a relative or
812	with a relative of the child's half-brother or half-sister as a
813	permanency option, the court may recognize the permanency of
814	this placement without requiring the relative to adopt the
815	child. If the court approves a permanency goal of permanent
816	guardianship of a dependent child, placement with a fit and
817	willing relative, or another planned permanent living
818	arrangement, the court shall make findings as to why this
819	permanent placement is established without adoption of the child
820	to follow. If the court approves a permanency goal of another
821	planned permanent living arrangement, the court shall document
822	the compelling reasons for choosing this goal.
823	Section 15.  Subsection (5) of section 39.701, Florida
824	Statutes, is amended to read:
825	39.701  Judicial review.--
826	(5)  Notice of a judicial review hearing or a citizen
827	review panel hearing, and a copy of the motion for judicial
828	review, if any, must be served by the clerk of the court on all
829	of the following persons, if available to be served, regardless
830	of whether or not the person was present at the previous hearing
831	at which the date, time, and location of the hearing was
832	announced upon:
833	(a)  The social service agency charged with the supervision
834	of care, custody, or guardianship of the child, if that agency
835	is not the movant.
836	(b)  The foster parent or legal custodian in whose home the
837	child resides.
838	(c)  The parents.
839	(d)  The guardian ad litem for the child, or the
840	representative of the guardian ad litem program if the program
841	has been appointed.
842	(e)  The attorney for the child.
843	(f)  The child, if the child is 13 years of age or older.
844	(g)(e)  Any preadoptive parent.
845	(h)(f)  Such other persons as the court may in its
846	discretion direct.
847
848	Service of notice is not required on any of the persons listed
849	in paragraphs (a)-(f) if the person was present at the previous
850	hearing during which the date, time, and location of the hearing
851	was announced.
852	Section 16.  Paragraph (d) is added to subsection (1) of
853	section 63.0541, Florida Statutes, to read:
854	63.0541  Public records exemption for the Florida Putative
855	Father Registry.--
856	(1)  All information contained in the Florida Putative
857	Father Registry and maintained by the Office of Vital Statistics
858	within the Department of Health is confidential and exempt from
859	public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I
860	of the State Constitution, except as otherwise provided in this
861	section. Information made confidential and exempt by this
862	section shall be disclosed to:
863	(d)  The department, upon the filing of a request for a
864	diligent search of the Florida Putative Father Registry pursuant
865	to s. 39.503.
866	Section 17.  Subsection (4) of section 322.142, Florida
867	Statutes, is amended to read:
868	322.142  Color photographic or digital imaged licenses.--
869	(4)  The department may maintain a film negative or print
870	file. The department shall maintain a record of the digital
871	image and signature of the licensees, together with other data
872	required by the department for identification and retrieval.
873	Reproductions from the file or digital record are exempt from
874	the provisions of s. 119.07(1) and shall be made and issued only
875	for departmental administrative purposes; for the issuance of
876	duplicate licenses; in response to law enforcement agency
877	requests; to the Department of State pursuant to an interagency
878	agreement to facilitate determinations of eligibility of voter
879	registration applicants and registered voters in accordance with
880	ss. 98.045 and 98.075; to the Department of Revenue pursuant to
881	an interagency agreement for use in establishing paternity and
882	establishing, modifying, or enforcing support obligations in
883	Title IV-D cases; to the Department of Children and Family
884	Services pursuant to an interagency agreement to conduct
885	protective investigations under part III of chapter 39 and s.
886	415.104 and for purposes of expediting the determination of
887	eligibility for public assistance; or to the Department of
888	Financial Services pursuant to an interagency agreement to
889	facilitate the location of owners of unclaimed property, the
890	validation of unclaimed property claims, and the identification
891	of fraudulent or false claims, and are exempt from the
892	provisions of s. 119.07(1).
893	Section 18.  Section 402.401, Florida Statutes, is amended
894	to read:
895	402.401  Florida Child Welfare Student Loan Forgiveness
896	Program.--
897	(1)  There is created the Florida Child Welfare Student
898	Loan Forgiveness Program to be administered by the Department of
899	Children and Family Services Education. The program shall
900	provide loan reimbursement assistance to eligible employees in
901	child welfare positions that are critical to the department's
902	mission, as determined by the department, and that are within
903	the department, a law enforcement agency, or a contracted
904	community-based care agency students for upper-division
905	undergraduate and graduate study. The primary purpose of the
906	program is to attract capable and promising students to the
907	child welfare profession, increase employment and retention of
908	individuals who are working towards or who have received either
909	a bachelor's degree or a master's degree in social work, or any
910	human services subject area that qualifies the individual for
911	employment as a family services worker, and provide
912	opportunities for persons making midcareer decisions to enter
913	the child welfare profession. The State Board of Education shall
914	adopt rules necessary to administer the program.
915	(2)(a)  To be eligible for a program loan, the employee's
916	outstanding student loans may not be in a default status. The
917	department shall adopt rules pursuant to ss. 120.536(1) and
918	120.54 necessary to administer the program. a candidate shall:
919	1.  Be a full-time student at the upper-division
920	undergraduate or graduate level in a social work program
921	approved by the Council on Social Work Education leading to
922	either a bachelor's degree or a master's degree in social work
923	or an accredited human services degree program.
924	2.  Have declared an intent to work in child welfare for at
925	least the number of years for which a forgivable loan is
926	received at the Department of Children and Family Services or
927	its successor, or with an eligible lead community-based provider
928	as defined in s. 409.1671.
929	3.  If applying for an undergraduate forgivable loan, have
930	maintained a minimum cumulative grade point average of at least
931	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
932	applicants for undergraduate loans shall have maintained a
933	minimum cumulative grade point average of at least a 2.5 on a
934	4.0 scale for all undergraduate work and have earned at least 12
935	semester credits per term, or the equivalent.
936	4.  If applying for a graduate forgivable loan, have
937	maintained an undergraduate cumulative grade point average of at
938	least a 3.0 on a 4.0 scale or have attained a Graduate Record
939	Examination score of at least 1,000. Renewal applicants for
940	graduate loans shall have maintained a minimum cumulative grade
941	point average of at least a 3.0 on a 4.0 scale for all graduate
942	work and have earned at least 9 semester credits per term, or
943	the equivalent.
944	(b)  An undergraduate forgivable loan may be awarded for 2
945	undergraduate years, not to exceed $4,000 per year.
946	(c)  A graduate forgivable loan may be awarded for 2
947	graduate years, not to exceed $8,000 per year. In addition to
948	meeting criteria specified in paragraph (a), a loan recipient at
949	the graduate level shall:
950	1.  Hold a bachelor's degree from a school or department of
951	social work at any college or university accredited by the
952	Council on Social Work Education, or hold a degree in a human
953	services field from an accredited college or university.
954	2.  Not have received an undergraduate forgivable loan as
955	provided for in paragraph (b).
956	(d)  The State Board of Education shall adopt by rule
957	repayment schedules and applicable interest rates under ss.
958	1009.82 and 1009.95. A forgivable loan must be repaid within 10
959	years after completion of a program of studies.
960	1.  Credit for repayment of an undergraduate or graduate
961	forgivable loan shall be in an amount not to exceed $4,000 in
962	loan principal plus applicable accrued interest for each full
963	year of eligible service in the child welfare profession.
964	2.  Any forgivable loan recipient who fails to work at the
965	Department of Children and Family Services or its successor, or
966	with an eligible lead community-based provider as defined in s.
967	409.1671, is responsible for repaying the loan plus accrued
968	interest at 8 percent annually.
969	3.  Forgivable loan recipients may receive loan repayment
970	credit for child welfare service rendered at any time during the
971	scheduled repayment period. However, such repayment credit shall
972	be applicable only to the current principal and accrued interest
973	balance that remains at the time the repayment credit is earned.
974	No loan recipient shall be reimbursed for previous cash payments
975	of principal and interest.
976	(3)  This section shall be implemented only as specifically
977	funded.
978	Section 19.  Paragraphs (h) and (j) of subsection (1) of
979	section 409.1671, Florida Statutes, are amended to read:
980	409.1671  Foster care and related services; outsourcing.--
981	(1)
982	(h)  Other than an entity to which s. 768.28 applies, any
983	eligible lead community-based provider, as defined in paragraph
984	(e), or its employees or officers, except as otherwise provided
985	in paragraph (i), must, as a part of its contract, obtain a
986	minimum of $1 million per claim/$3 million per incident in
987	general liability insurance coverage. The eligible lead
988	community-based provider must also require that staff who
989	transport client children and families in their personal
990	automobiles in order to carry out their job responsibilities
991	obtain minimum bodily injury liability insurance in the amount
992	of $100,000 per claim, $300,000 per incident, on their personal
993	automobiles. In lieu of such personal motor vehicle insurance,
994	the lead community-based provider's casualty, liability, or
995	motor vehicle insurance carrier may provide nonowned automobile
996	coverage that would provide the lead community-based provider
997	with coverage for automobiles that the lead community-based
998	provider does not own, lease, rent, or borrow and that are used
999	in connection with the lead community-based provider's business.
1000	This coverage includes automobiles owned by the lead community-
1001	based provider's employees or a member of their households but
1002	only when the automobile is used in connection with the lead
1003	community-based provider's business. The nonowned automobile
1004	coverage for the lead community-based provider would apply as
1005	excess coverage over any other collectible insurance. The
1006	personal automobile policy for the employee of the lead
1007	community-based provider would be primary, and the nonowned
1008	automobile coverage of the lead community-based provider would
1009	be excess. The lead community-based provider shall provide a
1010	minimum limit of $1,000,000 in nonowned automobile coverage. In
1011	any tort action brought against such an eligible lead community-
1012	based provider or employee, net economic damages shall be
1013	limited to $1 million per liability claim and $100,000 per
1014	automobile claim, including, but not limited to, past and future
1015	medical expenses, wage loss, and loss of earning capacity,
1016	offset by any collateral source payment paid or payable. In any
1017	tort action brought against such an eligible lead community-
1018	based provider, noneconomic damages shall be limited to $200,000
1019	per claim. A claims bill may be brought on behalf of a claimant
1020	pursuant to s. 768.28 for any amount exceeding the limits
1021	specified in this paragraph. Any offset of collateral source
1022	payments made as of the date of the settlement or judgment shall
1023	be in accordance with s. 768.76. The lead community-based
1024	provider shall not be liable in tort for the acts or omissions
1025	of its subcontractors or the officers, agents, or employees of
1026	its subcontractors.
1027	(j)  Any subcontractor of an eligible lead community-based
1028	provider, as defined in paragraph (e), which is a direct
1029	provider of foster care and related services to children and
1030	families, and its employees or officers, except as otherwise
1031	provided in paragraph (i), must, as a part of its contract,
1032	obtain a minimum of $1 million per claim/$3 million per incident
1033	in general liability insurance coverage. The subcontractor of an
1034	eligible lead community-based provider must also require that
1035	staff who transport client children and families in their
1036	personal automobiles in order to carry out their job
1037	responsibilities obtain minimum bodily injury liability
1038	insurance in the amount of $100,000 per claim, $300,000 per
1039	incident, on their personal automobiles. In lieu of such
1040	personal motor vehicle insurance, the subcontractor's casualty,
1041	liability, or motor vehicle insurance carrier may provide
1042	nonowned automobile coverage that would provide the
1043	subcontractor with coverage for automobiles that the
1044	subcontractor does not own, lease, rent, or borrow and that are
1045	used in connection with the subcontractor's business. This
1046	coverage includes automobiles owned by the subcontractor 's
1047	employees or a member of their households but only when the
1048	automobile is used in connection with the subcontractor's
1049	business. The nonowned automobile coverage for the subcontractor
1050	would apply as excess coverage over any other collectible
1051	insurance. The personal automobile policy for the employee of
1052	the subcontractor would be primary, and the nonowned automobile
1053	coverage of the subcontractor would be excess. The subcontractor
1054	shall provide a minimum limit of $1,000,000 in nonowned
1055	automobile coverage. In any tort action brought against such
1056	subcontractor or employee, net economic damages shall be limited
1057	to $1 million per liability claim and $100,000 per automobile
1058	claim, including, but not limited to, past and future medical
1059	expenses, wage loss, and loss of earning capacity, offset by any
1060	collateral source payment paid or payable. In any tort action
1061	brought against such subcontractor, noneconomic damages shall be
1062	limited to $200,000 per claim. A claims bill may be brought on
1063	behalf of a claimant pursuant to s. 768.28 for any amount
1064	exceeding the limits specified in this paragraph. Any offset of
1065	collateral source payments made as of the date of the settlement
1066	or judgment shall be in accordance with s. 768.76.
1067	Section 20.  Paragraph (a) of subsection (4) of section
1068	409.175, Florida Statutes, is amended to read:
1069	409.175  Licensure of family foster homes, residential
1070	child-caring agencies, and child-placing agencies; public
1071	records exemption.--
1072	(4)(a)  A person, family foster home, or residential child-
1073	caring agency may shall not provide receive a child for
1074	continuing full-time child care or custody unless such person,
1075	home, or agency has first procured a license from the department
1076	to provide such care. This requirement does not apply to a
1077	person who is a relative of the child by blood, marriage, or
1078	adoption, or to a permanent legal guardian established under s.
1079	39.6221, a person who has received the child from the
1080	department, a licensed child-placing agency, or an intermediary
1081	for the purposes of adoption pursuant to chapter 63.
1082	Section 21.  Subsection (3) of section 787.04, Florida
1083	Statutes, is amended to read:
1084	787.04  Removing minors from state or concealing minors
1085	contrary to state agency order or court order.--
1086	(3)  It is unlawful for any person, with criminal intent,
1087	to knowingly and willfully lead, take, entice, or remove a minor
1088	beyond the limits of this state, or to knowingly and willfully
1089	conceal the location of a minor, during the pendency of a
1090	dependency proceeding affecting such minor or during the
1091	pendency of any investigation, action, or proceeding concerning
1092	the alleged abuse or neglect of such minor, after having
1093	received actual or constructive notice of the pendency of such
1094	investigation, action, or proceeding and without the permission
1095	of the state agency or court in which the investigation, action,
1096	or proceeding is pending.
1097	Section 22.  Subsection (1) of section 937.021, Florida
1098	Statutes, is amended to read:
1099	937.021  Missing child reports.--
1100	(1)  Upon the filing of a police report that a child is
1101	missing by the parent or guardian, the Department of Children
1102	and Family Services, a community-based care provider, or the
1103	appropriate law enforcement agency providing investigative
1104	services for the department, the law enforcement agency
1105	receiving the report shall immediately inform all on-duty law
1106	enforcement officers of the existence of the missing child
1107	report, communicate the report to every other law enforcement
1108	agency having jurisdiction in the county, and transmit the
1109	report for inclusion within the Florida Crime Information Center
1110	computer. A law enforcement agency may not require a reporter to
1111	present an order that a child be taken into custody or any other
1112	such order before accepting a report that a child is missing.
1113	Section 23.  Paragraph (b) of subsection (3) of section
1114	39.0015, Florida Statutes, is amended to read:
1115	39.0015  Child abuse prevention training in the district
1116	school system.--
1117	(3)  DEFINITIONS.--As used in this section:
1118	(b)  "Child abuse" means those acts as defined in ss.
1119	39.01(1), (2), (32) (31), (42) (41), (44) (43), (56) (55), and
1120	(67) (66), 827.04, and 984.03(1), (2), and (37).
1121	Section 24.  Subsection (5) of section 39.205, Florida
1122	Statutes, is amended to read:
1123	39.205  Penalties relating to reporting of child abuse,
1124	abandonment, or neglect.--
1125	(5)  If the department or its authorized agent has
1126	determined after its investigation that a report is false, the
1127	department shall, with the consent of the alleged perpetrator,
1128	refer the report to the local law enforcement agency having
1129	jurisdiction for an investigation to determine whether
1130	sufficient evidence exists to refer the case for prosecution for
1131	filing a false report as defined in s. 39.01(29)(28). During the
1132	pendency of the investigation by the local law enforcement
1133	agency, the department must notify the local law enforcement
1134	agency of, and the local law enforcement agency must respond to,
1135	all subsequent reports concerning children in that same family
1136	in accordance with s. 39.301. If the law enforcement agency
1137	believes that there are indicators of abuse, abandonment, or
1138	neglect, it must immediately notify the department, which must
1139	assure the safety of the children. If the law enforcement agency
1140	finds sufficient evidence for prosecution for filing a false
1141	report, it must refer the case to the appropriate state attorney
1142	for prosecution.
1143	Section 25.  Subsection (1) of section 39.302, Florida
1144	Statutes, is amended to read:
1145	39.302  Protective investigations of institutional child
1146	abuse, abandonment, or neglect.--
1147	(1)  The department shall conduct a child protective
1148	investigation of each report of institutional child abuse,
1149	abandonment, or neglect. Upon receipt of a report that alleges
1150	that an employee or agent of the department, or any other entity
1151	or person covered by s. 39.01(33) or (47)(32) or (46), acting in
1152	an official capacity, has committed an act of child abuse,
1153	abandonment, or neglect, the department shall initiate a child
1154	protective investigation within the timeframe established by the
1155	central abuse hotline under s. 39.201(5) and orally notify the
1156	appropriate state attorney, law enforcement agency, and
1157	licensing agency. These agencies shall immediately conduct a
1158	joint investigation, unless independent investigations are more
1159	feasible. When conducting investigations onsite or having face-
1160	to-face interviews with the child, such investigation visits
1161	shall be unannounced unless it is determined by the department
1162	or its agent that the unannounced visits would threaten the
1163	safety of the child. When a facility is exempt from licensing,
1164	the department shall inform the owner or operator of the
1165	facility of the report. Each agency conducting a joint
1166	investigation is entitled to full access to the information
1167	gathered by the department in the course of the investigation. A
1168	protective investigation must include an onsite visit of the
1169	child's place of residence. In all cases, the department shall
1170	make a full written report to the state attorney within 3
1171	working days after making the oral report. A criminal
1172	investigation shall be coordinated, whenever possible, with the
1173	child protective investigation of the department. Any interested
1174	person who has information regarding the offenses described in
1175	this subsection may forward a statement to the state attorney as
1176	to whether prosecution is warranted and appropriate. Within 15
1177	days after the completion of the investigation, the state
1178	attorney shall report the findings to the department and shall
1179	include in the report a determination of whether or not
1180	prosecution is justified and appropriate in view of the
1181	circumstances of the specific case.
1182	Section 26.  Paragraphs (b) and (c) of subsection (2) of
1183	section 39.6011, Florida Statutes, are amended to read:
1184	39.6011  Case plan development.--
1185	(2)  The case plan must be written simply and clearly in
1186	English and, if English is not the principal language of the
1187	child's parent, to the extent possible in the parent's principal
1188	language. Each case plan must contain:
1189	(b)  The permanency goal as defined in s. 39.01(52)(51).
1190	(c)  If concurrent planning is being used, a description of
1191	the permanency goal of reunification with the parent or legal
1192	custodian in addition to a description of one of the remaining
1193	permanency goals described in s. 39.01(52)(51).
1194	Section 27.  Paragraph (a) of subsection (1) of section
1195	39.828, Florida Statutes, is amended to read:
1196	39.828  Grounds for appointment of a guardian advocate.--
1197	(1)  The court shall appoint the person named in the
1198	petition as a guardian advocate with all the powers and duties
1199	specified in s. 39.829 for an initial term of 1 year upon a
1200	finding that:
1201	(a)  The child named in the petition is or was a drug
1202	dependent newborn as described in s. 39.01(32)(g)(31)(g);
1203	Section 28.  Paragraph (d) of subsection (1) of section
1204	419.001, Florida Statutes, is amended to read:
1205	419.001  Site selection of community residential homes.--
1206	(1)  For the purposes of this section, the following
1207	definitions shall apply:
1208	(d)  "Resident" means any of the following: a frail elder
1209	as defined in s. 429.65; a physically disabled or handicapped
1210	person as defined in s. 760.22(7)(a); a developmentally disabled
1211	person as defined in s. 393.063; a nondangerous mentally ill
1212	person as defined in s. 394.455(18); or a child who is found to
1213	be dependent or a child in need of services as defined in s.
1214	39.01(15)(14), s. 984.03(9) or (12), or s. 985.03.
1215	Section 29.  Effective upon this act becoming a law, and
1216	operating retroactively to June 29, 2008, subsection (3) of
1217	section 1 of chapter 2007-174, Laws of Florida, is amended to
1218	read:
1219	Section 1.  Flexibility for the Department of Children and
1220	Family Services.--
1221	(3)  This section expires June 30, 2009 2008.
1222	Section 30.  Except as otherwise expressly provided in this
1223	act and except for this section, which shall take effect upon
1224	this act becoming a law, this act shall take effect July 1,
1225	2008.

CODING: Words stricken are deletions; words underlined are additions.