Florida Senate - 2022                                    SB 1708
       By Senator Garcia
       37-01000B-22                                          20221708__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s.
    3         382.0255, F.S.; requiring the Department of Health to
    4         waive fees for certified copies of birth certificates
    5         issued to certain unaccompanied homeless youth and
    6         young adults; amending s. 409.1452, F.S.; revising
    7         requirements for required collaboration among the
    8         Board of Governors, the Florida College System, and
    9         the Department of Education in working with the
   10         Department of Children and Families to assist
   11         specified children and young adults; amending s.
   12         409.1454, F.S.; revising legislative findings;
   13         revising eligibility and requirements for a certain
   14         driver education, licensure, and insurance program to
   15         include certain unaccompanied homeless youth; revising
   16         program operation and administration requirements;
   17         amending s. 743.067, F.S.; revising the definition of
   18         the term “unaccompanied homeless youth”; specifying
   19         certification criteria for unaccompanied homeless
   20         youth; authorizing certain unaccompanied homeless
   21         youth to use a specified form to receive birth
   22         certificates; authorizing health care providers to
   23         accept such form for certain purposes; authorizing
   24         certain unaccompanied homeless youth to consent to
   25         specified medical and other care; amending s. 1001.42,
   26         F.S.; requiring district school boards to provide
   27         cards that contain specified information to certain
   28         unaccompanied homeless youth; specifying requirements
   29         for the card; amending s. 1003.01, F.S.; revising the
   30         definition of the term “children and youths who are
   31         experiencing homelessness”; defining the term
   32         “certified unaccompanied homeless youth”; requiring
   33         the Office of Program Policy Analysis and Government
   34         Accountability to conduct a specified study;
   35         specifying the scope of the study; requiring the study
   36         to include specified recommendations; requiring the
   37         office to consult with specified entities; requiring
   38         the office to submit a report on the study to the
   39         Legislature by a specified date; providing an
   40         effective date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Subsection (3) of section 382.0255, Florida
   45  Statutes, is amended to read:
   46         382.0255 Fees.—
   47         (3) Fees must shall be established by rule. However, until
   48  rules are adopted, the fees assessed pursuant to this section
   49  must shall be the minimum fees cited. The fees established by
   50  rule must be sufficient to meet the cost of providing the
   51  service. All fees must shall be paid by the person requesting
   52  the record, are due and payable at the time services are
   53  requested, and are nonrefundable, except that, when a search is
   54  conducted and no vital record is found, any fees paid for
   55  additional certified copies shall be refunded. The department
   56  may waive all or part of the fees required under this section
   57  for any government entity. The department shall waive all fees
   58  required under this section for a certified copy of a birth
   59  certificate issued for an unaccompanied homeless youth certified
   60  under s. 743.067; for a young adult who is, or was at the time
   61  he or she reached 18 years of age, in the custody of the
   62  Department of Children and Families; for purposes of an inmate
   63  acquiring a state identification card before release pursuant to
   64  s. 944.605(7); and for a juvenile offender who is in the custody
   65  or under the supervision of the Department of Juvenile Justice
   66  and receiving services under s. 985.461.
   67         Section 2. Section 409.1452, Florida Statutes, is amended
   68  to read:
   69         409.1452 Collaboration with Board of Governors, Florida
   70  College System, and Department of Education to assist children
   71  and young adults who have been or are in foster care or are
   72  experiencing homelessness.—Effective July 1, 2013, The
   73  Department of Children and Families shall work in collaboration
   74  with the Board of Governors, the Florida College System, and the
   75  Department of Education to help address the need for a focused
   76  and consistent campus-based comprehensive support structure in
   77  the academic arena to assist children and young adults who have
   78  been or continue to remain in the foster care system or who are
   79  experiencing homelessness to succeed in postsecondary education
   80  in making the transition from a structured care system into an
   81  independent living setting. The State University System of
   82  Florida and the Florida College System shall provide
   83  postsecondary educational campus liaison coaching positions that
   84  will be integrated into Florida College System institutions’ and
   85  university institutions’ general support services structure to
   86  provide current and former foster care children and young adults
   87  who have been or continue to remain in the foster care system or
   88  who are experiencing homelessness with dedicated, on-campus
   89  support. The Department of Children and Families has the sole
   90  discretion to determine which state college or university will
   91  offer a campus coaching position, based on departmental
   92  demographic data indicating greatest need. These campus liaison
   93  coaching positions must shall be employees of the selected
   94  educational institutions, and focused on supporting children and
   95  young adults who have been or continue to remain in the foster
   96  care system or who are experiencing homelessness. The
   97  Chancellors of the Florida College System and the Board of
   98  Governors shall report annually to the Department of Children
   99  and Families specific data, subject to privacy laws, about the
  100  children and young adults served by the campus liaisons coaches,
  101  including academic progress, retention rates for students
  102  enrolled in the program, financial aid requested and received,
  103  and information required by the National Youth in Transition
  104  Database.
  105         Section 3. Section 409.1454, Florida Statutes, is amended
  106  to read:
  107         409.1454 Motor vehicle insurance and driver licenses for
  108  children in care and certified unaccompanied homeless youth.—
  109         (1) The Legislature finds that the costs of driver
  110  education, licensure and costs incidental to licensure, and
  111  motor vehicle insurance for a child in out-of-home care or
  112  certain unaccompanied homeless youth certified under s. 743.067
  113  after such child obtains a driver license create an additional
  114  barrier to engaging in normal age-appropriate activities and
  115  gaining independence and may limit opportunities for obtaining
  116  employment and completing educational goals. The Legislature
  117  also finds that the completion of an approved driver education
  118  course is necessary to develop safe driving skills.
  119         (2) To the extent that funding is available, the department
  120  shall establish a program to pay the cost of driver education,
  121  licensure and other costs incidental to licensure, and motor
  122  vehicle insurance for a child who has completed a driver
  123  education program and who is: children
  124         (a) In out-of-home care; or
  125         (b)Certified under s. 743.067 as an unaccompanied homeless
  126  youth and who is a citizen of the United States or legal
  127  resident of this state who have successfully completed a driver
  128  education program.
  129         (3) If a caregiver, or an individual or not-for-profit
  130  entity approved by the caregiver, adds a child to his or her
  131  existing insurance policy, the amount paid to the caregiver or
  132  approved purchaser may not exceed the increase in cost
  133  attributable to the addition of the child to the policy.
  134         (4) Payment must shall be made to eligible recipients in
  135  the order of eligibility until available funds are exhausted. If
  136  a child determined to be eligible reaches permanency status or
  137  turns 18 years of age, the program may pay for that child to
  138  complete a driver education program and obtain a driver license
  139  for up to 6 months after the date the child reaches permanency
  140  status or 6 months after the date the child turns 18 years of
  141  age. A child may be eligible to have the costs of and incidental
  142  to licensure paid if he or she demonstrates that such costs are
  143  creating barriers to obtaining employment or completing
  144  educational goals, if the child meets any of the following
  145  criteria:
  146         (a)Is continuing in care under s. 39.6251;, or who
  147         (b) Was in licensed care when the child reached 18 years of
  148  age and is currently receiving postsecondary education services
  149  and support under s. 409.1451(2); or
  150         (c)Is an unaccompanied homeless youth certified under s.
  151  743.067 who is a citizen of the United States or legal resident
  152  of this state and is:
  153         1.Completing secondary education;
  154         2.Employed at least part time;
  155         3.Attending any postsecondary education program at least
  156  part time; or
  157         4.Has a disability that precludes full-time work or
  158  education, may be eligible to have the costs of licensure and
  159  costs incidental to licensure paid if the child demonstrates
  160  that such costs are creating barriers for obtaining employment
  161  or completing educational goals.
  162         (5) The department shall contract with a not-for-profit
  163  entity whose mission is to support youth aging out of foster
  164  care to develop procedures for operating and administering the
  165  program, including, but not limited to:
  166         (a) Determining eligibility, including responsibilities for
  167  the child and caregivers.
  168         (b) Developing application and payment forms.
  169         (c) Notifying eligible children, caregivers, group homes,
  170  and residential programs, local educational agency liaisons for
  171  homeless children and youth, and governmental or nonprofit
  172  agencies that provide services to homeless children or youth of
  173  the program.
  174         (d) Providing technical assistance to lead agencies,
  175  providers, group homes, and residential programs to support
  176  removing obstacles that prevent children in foster care from
  177  driving.
  178         (e) Publicizing the program, engaging in outreach, and
  179  providing incentives to youth participating in the program to
  180  encourage the greatest number of eligible children to obtain
  181  driver licenses.
  182         Section 4. Section 743.067, Florida Statutes, is amended to
  183  read:
  184         743.067 Certified unaccompanied homeless youths.—
  185         (1) DEFINITION.—For purposes of this section, an
  186  “unaccompanied homeless youth” is an individual who is 16 years
  187  of age or older and is not in the physical custody of a parent
  188  or guardian, including a youth who has run away from home, who
  189  has been forced to leave his or her home, or whose parents have
  190  left the area and left the youth behind.
  191         (2)CERTIFICATION.—An unaccompanied homeless youth may
  192  become certified if he or she is:
  193         (a) Found by a school district’s liaison for homeless
  194  children and youths to be an unaccompanied homeless youth
  195  eligible for services pursuant to the McKinney-Vento Homeless
  196  Assistance Act, 42 U.S.C. ss. 11431-11435; or
  197         (b) Believed to qualify as an unaccompanied homeless youth,
  198  as that term is defined in the McKinney-Vento Homeless
  199  Assistance Act, by:
  200         1. The director of an emergency shelter program funded by
  201  the United States Department of Housing and Urban Development,
  202  or the director’s designee;
  203         2. The director of a runaway or homeless youth basic center
  204  or transitional living program funded by the United States
  205  Department of Health and Human Services, or the director’s
  206  designee; or
  207         3. A continuum of care lead agency, or its designee.
  208         (3)(2)PROOF OF CERTIFICATION.—
  209         (a) The State Office on Homelessness within the Department
  210  of Children and Families shall develop a standardized form that
  211  must be used by the entities specified in subsection (2) (1) to
  212  certify qualifying unaccompanied homeless youth. The front of
  213  the form must include the circumstances that qualify the youth;
  214  the date the youth was certified; and the name, title, and
  215  signature of the certifying individual. This section must be
  216  reproduced in its entirety on the back of the form.
  217         (b) A certified unaccompanied homeless youth may use the
  218  completed form to:
  219         1. Apply at no charge for an identification card issued by
  220  the Department of Highway Safety and Motor Vehicles pursuant to
  221  s. 322.051(9).
  222         2.Receive a certified copy of his or her birth certificate
  223  at no charge under s. 382.0255.
  224         (c) A health care provider may accept the completed form or
  225  the card issued under s. 1001.42 written certificate as proof of
  226  the minor’s status as a certified unaccompanied homeless youth
  227  and may keep a copy of the form or card certificate in the
  228  youth’s medical file.
  229         (4)(3)REMOVAL OF DISABILITIES OF NONAGE.—A certified
  230  unaccompanied homeless youth may:
  231         (a) petition the circuit court to have the disabilities of
  232  nonage removed under s. 743.015. The youth shall qualify as a
  233  person not required to prepay costs and fees as provided in s.
  234  57.081. The court shall advance the cause on the calendar.
  235         (5)(b)MEDICAL AND OTHER CARE.—Notwithstanding s.
  236  394.4625(1), a certified unaccompanied homeless youth may
  237  consent to medical care;, dental care;, behavioral health care
  238  services, including psychological counseling and treatment,
  239  psychiatric treatment, and substance abuse prevention and
  240  treatment services;, and surgical diagnosis and treatment,
  241  including preventative care and care by a facility licensed
  242  under chapter 394, chapter 395, or chapter 397 and any forensic
  243  medical examination for the purpose of investigating any felony
  244  offense under chapter 784, chapter 787, chapter 794, chapter
  245  800, or chapter 827, for:
  246         (a)1. Himself or herself; or
  247         (b)2. His or her child, if the certified unaccompanied
  248  homeless youth is unmarried, is the parent of the child, and has
  249  actual custody of the child.
  250         (6)(4)CONSTRUCTION.—This section does not affect the
  251  requirements of s. 390.01114.
  252         Section 5. Present subsection (28) of section 1001.42,
  253  Florida Statutes, is redesignated as subsection (29), and a new
  254  subsection (28) is added to that section, to read:
  255         1001.42 Powers and duties of district school board.—The
  256  district school board, acting as a board, shall exercise all
  257  powers and perform all duties listed below:
  258         (28) UNACCOMPANIED HOMELESS YOUTH.—Provide to each student
  259  who is an unaccompanied homeless youth certified under s.
  260  743.067 a card that includes information on the rights and
  261  benefits for such youth, as well as the contact information for
  262  the school district’s liaison for homeless children and youths.
  263  The card must be similar in size to the student identification
  264  card issued to students in the district and include all of the
  265  following information:
  266         (a)On the front of the card, the following information
  267  from the standardized form developed by the Department of
  268  Children and Families under s. 743.067(3):
  269         1.The circumstances that qualify the youth.
  270         2. The date the youth was certified.
  271         3. The name, title, and signature of the certifying
  272  individual.
  273         (b) On the back of the card, the following statement:
  275         Section 743.067, Florida Statutes, provides that this
  276         certified youth may consent to medical care; dental
  277         care; behavioral health care services, including
  278         psychological counseling and treatment, psychiatric
  279         treatment, and substance abuse prevention and
  280         treatment services; and surgical diagnosis and
  281         treatment, including preventative care and care by a
  282         facility licensed under chapter 394, chapter 395, or
  283         chapter 397 and any forensic medical examination for
  284         the purpose of investigating any felony offense under
  285         chapter 784, chapter 787, chapter 794, chapter 800, or
  286         chapter 827, for himself or herself or his or her
  287         child, if the certified youth is unmarried, is the
  288         parent of the child, and has actual custody of the
  289         child.
  291         Section 6. Subsection (12) of section 1003.01, Florida
  292  Statutes, is amended, and subsection (17) is added to that
  293  section, to read:
  294         1003.01 Definitions.—As used in this chapter, the term:
  295         (12) “Children and youths who are experiencing
  296  homelessness,” for programs authorized under subtitle B,
  297  Education for Homeless Children and Youths, of Title VII of the
  298  McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
  299  seq., means children and youths who lack a fixed, regular, and
  300  adequate nighttime residence, and includes:
  301         (a) Children and youths who are sharing the housing of
  302  other persons due to loss of housing, economic hardship, or a
  303  similar reason; are living in motels, hotels, travel trailer
  304  parks, or camping grounds due to the lack of alternative
  305  adequate accommodations; are living in emergency or transitional
  306  shelters; or are abandoned in hospitals; or are awaiting foster
  307  care placement.
  308         (b) Children and youths who have a primary nighttime
  309  residence that is a public or private place not designed for or
  310  ordinarily used as a regular sleeping accommodation for human
  311  beings.
  312         (c) Children and youths who are living in cars, parks,
  313  public spaces, abandoned buildings, bus or train stations, or
  314  similar settings.
  315         (d) Migratory children who are living in circumstances
  316  described in paragraphs (a)-(c).
  317         (17)“Certified unaccompanied homeless youth” means a youth
  318  certified as an unaccompanied homeless youth pursuant to s.
  319  743.067.
  320         Section 7. (1) The Office of Program Policy Analysis and
  321  Government Accountability (OPPAGA) shall conduct a study to
  322  evaluate the effectiveness of campus liaisons provided pursuant
  323  to s. 409.1452, Florida Statutes, and of local school districts’
  324  delivery of benefits and services required under the McKinney
  325  Vento Homeless Assistance Act, 42 U.S.C. ss. 11431-11435. The
  326  study’s scope must include, but need not be limited to:
  327         (a) Current use of liaisons by all colleges and
  328  universities, the number of children and young adults served by
  329  such liaisons, the type and prevalence of the services requested
  330  by such children and young adults, and the experiences of the
  331  students served by the liaisons.
  332         (b) Local school districtsdelivery of benefits and
  333  services to unaccompanied homeless youth eligible for services
  334  under s. 743.067, Florida Statutes, and the McKinney-Vento
  335  Homeless Assistance Act and school districts’ adherence to
  336  provisions of the act, such as the:
  337         1. Ability for an unaccompanied homeless youth to remain in
  338  his or her school of origin for the duration of the period the
  339  youth is experiencing homelessness and until the end of an
  340  academic year in which the youth obtains permanent housing, if
  341  remaining in the school of origin is determined to be in the
  342  youth’s best interest.
  343         2.Extent to which school district liaisons make best
  344  interest determinations by considering specific student-centered
  345  factors when determining the best school for an unaccompanied
  346  homeless youth.
  347         3. Ability of unaccompanied homeless youth to receive
  348  transportation to the school of origin from the applicable
  349  school district.
  350         4. Prompt enrollment of an unaccompanied homeless youth in
  351  a school or classes while the school of origin arranges for the
  352  transfer of school and immunization records and other required
  353  enrollment documents to ensure compliance with s. 1003.21(1)(f),
  354  Florida Statutes.
  355         5. Ability of an unaccompanied homeless youth to
  356  participate in all available education programs and
  357  extracurricular activities and receive any school services for
  358  which the youth meets all relevant eligibility criteria.
  359         (2) The study must include recommendations for any changes
  360  needed to:
  361         (a) Ensure all eligible children and young adults who seek
  362  such support receive services.
  363         (b) Improve the outcomes of children and young adults who
  364  receive services and benefits from campus liaisons or under the
  365  McKinney-Vento Homeless Assistance Act.
  366         (c) Ensure campus liaisons in local school districts and
  367  postsecondary institutions are qualified to provide adequate
  368  information and support and are knowledgeable about the relevant
  369  programs and benefits that may be accessed by the children and
  370  young adults they serve.
  371         (3) In conducting the study, OPPAGA shall consult with the
  372  Department of Children and Families, the Board of Governors of
  373  the State University System, the Florida College System, the
  374  Department of Education, local school districts, and any other
  375  relevant stakeholders, including, but not limited to, students
  376  eligible for the assistance of a liaison.
  377         (4) OPPAGA shall submit a report on its findings to the
  378  President of the Senate and the Speaker of the House of
  379  Representatives by December 1, 2022.
  380         Section 8. This act shall take effect July 1, 2022.