Florida Senate - 2025 CS for CS for CS for SB 1626
By the Committee on Fiscal Policy; the Appropriations Committee
on Health and Human Services; the Committee on Children,
Families, and Elder Affairs; and Senator Grall
594-03196-25 20251626c3
1 A bill to be entitled
2 An act relating to child welfare; creating s. 39.3011,
3 F.S.; defining the term “Family Advocacy Program”;
4 requiring the Department of Children and Families to
5 enter into agreements with certain military
6 installations for child protective investigations
7 involving military families; providing requirements
8 for such agreements; amending s. 39.401, F.S.;
9 authorizing a law enforcement officer or an authorized
10 agent of the department to take a child into custody
11 who is the subject of a specified court order;
12 amending s. 39.407, F.S.; requiring the department to
13 develop rules to include a specific process to ensure
14 children receive timely access to clinically
15 appropriate psychotropic medications; amending s.
16 39.905, F.S.; authorizing the department to waive a
17 specified requirement if there is an emergency need
18 for a new domestic violence center, to issue a
19 provisional certification to such center under certain
20 circumstances, and to adopt rules relating to
21 provisional certifications; amending s. 125.901, F.S.;
22 revising membership requirements for the governing
23 bodies of certain independent special districts;
24 authorizing the county governing body to select an
25 interim appointment for a vacancy under certain
26 circumstances; revising the terms for certain members
27 of the districts’ governing bodies; amending s.
28 402.305, F.S.; authorizing the department to grant
29 certain exemptions from disqualification for certain
30 persons; amending s. 409.145, F.S.; requiring the
31 department to establish a methodology to determine
32 daily room and board rates for certain children by a
33 date certain, which may include different rates based
34 on a child’s acuity level or the geographic location
35 of the residential child-caring agency; requiring the
36 department to adopt rules; amending s. 409.175, F.S.;
37 authorizing the department to grant certain exemptions
38 from disqualification for certain persons; authorizing
39 the department to extend the expiration date of a
40 license by a specified amount of time for a certain
41 purpose; amending s. 409.993, F.S.; specifying that
42 subcontractors of lead agencies that are direct
43 providers of foster care and related services are not
44 liable for certain acts or omissions; providing that
45 certain contract provisions are void and
46 unenforceable; amending s. 553.73, F.S.; prohibiting
47 the Florida Building Commission from mandating the
48 installation of fire sprinklers or a fire suppression
49 system in certain agencies licensed by the department;
50 amending s. 633.208, F.S.; providing that certain
51 residential child-caring agencies are not required to
52 install fire sprinklers or a fire suppression system
53 under certain circumstances; amending s. 937.0201,
54 F.S.; revising the definition of the term “missing
55 child”; amending s. 937.021, F.S.; specifying the
56 entity with jurisdiction for accepting missing child
57 reports under certain circumstances; amending ss.
58 402.30501, 1002.57, and 1002.59, F.S.; conforming
59 cross-references; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Section 39.3011, Florida Statutes, is created to
64 read:
65 39.3011 Protective investigations involving military
66 families.—
67 (1) For purposes of this section, the term “Family Advocacy
68 Program” means the program established by the United States
69 Department of Defense to address child abuse, abandonment, and
70 neglect in military families.
71 (2) The department shall enter into an agreement for child
72 protective investigations involving military families with the
73 Family Advocacy Program, or any successor program, of each
74 United States military installation located in this state. Such
75 agreement must include procedures for all of the following:
76 (a) Identifying the military personnel alleged to have
77 committed the child abuse, abandonment, or neglect.
78 (b) Notifying and sharing information with the military
79 installation when a child protective investigation implicating
80 military personnel has been initiated.
81 (c) Maintaining confidentiality as required under state and
82 federal law.
83 Section 2. Subsection (1) of section 39.401, Florida
84 Statutes, is amended to read:
85 39.401 Taking a child alleged to be dependent into custody;
86 law enforcement officers and authorized agents of the
87 department.—
88 (1) A child may only be taken into custody:
89 (a) Pursuant to the provisions of this part, based upon
90 sworn testimony, either before or after a petition is filed; or
91 (b) By a law enforcement officer, or an authorized agent of
92 the department, if the officer or authorized agent has probable
93 cause to support a finding that the:
94 1. That the Child has been abused, neglected, or abandoned,
95 or is suffering from or is in imminent danger of illness or
96 injury as a result of abuse, neglect, or abandonment;
97 2. Child is the subject of a court order to take the child
98 into the custody of the department;
99 3.2. That the Parent or legal custodian of the child has
100 materially violated a condition of placement imposed by the
101 court; or
102 4.3. That the Child has no parent, legal custodian, or
103 responsible adult relative immediately known and available to
104 provide supervision and care.
105 Section 3. Paragraph (g) of subsection (3) of section
106 39.407, Florida Statutes, is amended to read:
107 39.407 Medical, psychiatric, and psychological examination
108 and treatment of child; physical, mental, or substance abuse
109 examination of person with or requesting child custody.—
110 (3)
111 (g) The department must shall adopt rules to ensure that
112 children receive timely access to clinically appropriate
113 psychotropic medications. These rules must include, but need not
114 be limited to, the process for determining which adjunctive
115 services are needed, the uniform process for facilitating the
116 prescribing physician’s or psychiatric nurse’s ability to obtain
117 the express and informed consent of a child’s parent or
118 guardian, the procedures for obtaining court authorization for
119 the provision of a psychotropic medication, the frequency of
120 medical monitoring and reporting on the status of the child to
121 the court, how the child’s parents will be involved in the
122 treatment-planning process if their parental rights have not
123 been terminated, and how caretakers are to be provided
124 information contained in the physician’s or psychiatric nurse’s
125 signed medical report, and the procedures to allow caretakers to
126 schedule and facilitate medical appointments to ensure timely
127 access to and the management of existing psychotropic medication
128 prescriptions. For the purposes of this paragraph, the term
129 “caretaker” means a person or entity in physical custody of a
130 child placed pursuant to s. 39.401, to include a representative
131 of a licensed child-caring agency or emergency shelter. The
132 rules must also include uniform forms to be used in requesting
133 court authorization for the use of a psychotropic medication and
134 provide for the integration of each child’s treatment plan and
135 case plan. The department must begin the formal rulemaking
136 process within 90 days after the effective date of this act.
137 Section 4. Paragraph (h) of subsection (1) of section
138 39.905, Florida Statutes, is amended to read:
139 39.905 Domestic violence centers.—
140 (1) Domestic violence centers certified under this part
141 must:
142 (h) Demonstrate local need and ability to sustain
143 operations through a history of 18 consecutive months’ operation
144 as a domestic violence center, including 12 months’ operation of
145 an emergency shelter as provided in paragraph (c), and a
146 business plan which addresses future operations and funding of
147 future operations. The department may waive this requirement if
148 there is an emergency need for a new domestic violence center to
149 provide services in an area and no other viable options exist to
150 ensure continuity of services. If there is an emergency need,
151 the department may issue a provisional certification to the
152 domestic violence center as long as the center meets all other
153 criteria in this subsection. The department may adopt rules to
154 provide minimum standards for a provisional certificate,
155 including increased monitoring and site visits and the time
156 period that such certificate is valid.
157 Section 5. Paragraphs (a) and (b) of subsection (1) of
158 section 125.901, Florida Statutes, are amended to read:
159 125.901 Children’s services; independent special district;
160 council; powers, duties, and functions; public records
161 exemption.—
162 (1) Each county may by ordinance create an independent
163 special district, as defined in ss. 189.012 and 200.001(8)(e),
164 to provide funding for children’s services throughout the county
165 in accordance with this section. The boundaries of such district
166 shall be coterminous with the boundaries of the county. The
167 county governing body shall obtain approval at a general
168 election, as defined in s. 97.021, by a majority vote of those
169 electors voting on the question, to annually levy ad valorem
170 taxes which shall not exceed the maximum millage rate authorized
171 by this section. Any district created pursuant to the provisions
172 of this subsection shall be required to levy and fix millage
173 subject to the provisions of s. 200.065. Once such millage is
174 approved by the electorate, the district shall not be required
175 to seek approval of the electorate in future years to levy the
176 previously approved millage. However, a referendum to increase
177 the millage rate previously approved by the electors must be
178 held at a general election, and the referendum may be held only
179 once during the 48-month period preceding the effective date of
180 the increased millage.
181 (a) The governing body of the district shall be a council
182 on children’s services, which may also be known as a juvenile
183 welfare board or similar name as established in the ordinance by
184 the county governing body. Such council shall consist of 10
185 members, including the superintendent of schools; a local school
186 board member; a representative the district administrator from
187 the appropriate district of the Department of Children and
188 Families, or his or her designee who is a member of the Senior
189 Management Service or of the Selected Exempt Service; one member
190 of the county governing body; and the judge assigned to juvenile
191 cases who shall sit as a voting member of the board, except that
192 said judge shall not vote or participate in the setting of ad
193 valorem taxes under this section. If there is more than one
194 judge assigned to juvenile cases in a county, the chief judge
195 shall designate one of said juvenile judges to serve on the
196 board. The remaining five members shall be appointed by the
197 Governor, and shall, to the extent possible, represent the
198 demographic makeup diversity of the population of the county.
199 After soliciting recommendations from the public, the county
200 governing body shall submit to the Governor recommendations the
201 names of at least three persons for each vacancy occurring among
202 the five members appointed by the Governor, and the Governor may
203 shall appoint members to the council from the candidates
204 nominated by the county governing body. The Governor shall make
205 a selection within a 45-day period, but if the Governor fails to
206 make an appointment within the 45-day period, the county
207 governing body may select an interim appointment for each
208 vacancy from the recommendations submitted to the Governor or
209 request a new list of candidates. All members recommended by the
210 county governing body and appointed by the Governor must shall
211 have been residents of the county for the previous 24-month
212 period. Such members shall be appointed for 4-year terms, except
213 that the length of the terms of the initial appointees shall be
214 adjusted to stagger the terms. The Governor may remove a member
215 for cause or upon the written petition of the county governing
216 body. If any of the members of the council required to be
217 appointed by the Governor under the provisions of this
218 subsection resigns, dies, or is shall resign, die, or be removed
219 from office, the vacancy thereby created shall, as soon as
220 practicable, be filled by appointment by the Governor, using the
221 same method as the original appointment, and such appointment to
222 fill a vacancy shall be for the unexpired term of the person who
223 resigns, dies, or is removed from office.
224 (b) However, any county as defined in s. 125.011(1) may
225 instead have a governing body consisting of 33 members,
226 including the superintendent of schools, or his or her designee;
227 two representatives of public postsecondary education
228 institutions located in the county; the county manager or the
229 equivalent county officer, or his or her designee; the district
230 administrator from the appropriate district of the Department of
231 Children and Families, or the administrator’s designee who is a
232 member of the Senior Management Service or the Selected Exempt
233 Service; the director of the county health department or the
234 director’s designee; the state attorney for the county or the
235 state attorney’s designee; the chief judge assigned to juvenile
236 cases, or another juvenile judge who is the chief judge’s
237 designee and who shall sit as a voting member of the board,
238 except that the judge may not vote or participate in setting ad
239 valorem taxes under this section; an individual who is selected
240 by the board of the local United Way or its equivalent; a member
241 of a locally recognized faith-based coalition, selected by that
242 coalition; a member of the local chamber of commerce, selected
243 by that chamber or, if more than one chamber exists within the
244 county, a person selected by a coalition of the local chambers;
245 a member of the early learning coalition, selected by that
246 coalition; a representative of a labor organization or union
247 active in the county; a member of a local alliance or coalition
248 engaged in cross-system planning for health and social service
249 delivery in the county, selected by that alliance or coalition;
250 a member of the local Parent-Teachers Association/Parent
251 Teacher-Student Association, selected by that association; a
252 youth representative selected by the local school system’s
253 student government; a local school board member appointed by the
254 chair of the school board; the mayor of the county or the
255 mayor’s designee; one member of the county governing body,
256 appointed by the chair of that body; a member of the state
257 Legislature who represents residents of the county, selected by
258 the chair of the local legislative delegation; an elected
259 official representing the residents of a municipality in the
260 county, selected by the county municipal league; and 5 4
261 members-at-large, appointed to the council by the majority of
262 sitting council members. The remaining seven members shall be
263 appointed by the Governor in accordance with procedures set
264 forth in paragraph (a), except that the Governor may remove a
265 member for cause or upon the written petition of the council.
266 Appointments by the Governor must, to the extent reasonably
267 possible, represent the geographic and demographic makeup
268 diversity of the population of the county. Members who are
269 appointed to the council by reason of their position are not
270 subject to the length of terms and limits on consecutive terms
271 as provided in this section. The remaining appointed members of
272 the governing body shall be appointed to serve 3-year 2-year
273 terms, except that those members appointed by the Governor shall
274 be appointed to serve 4-year terms, and the youth representative
275 and the legislative delegate shall be appointed to serve 1-year
276 terms. A member may be reappointed; however, a member may not
277 serve for more than three consecutive terms. A member is
278 eligible to be appointed again after a 2-year hiatus from the
279 council.
280 Section 6. Subsection (2) of section 402.305, Florida
281 Statutes, is amended to read:
282 402.305 Licensing standards; child care facilities.—
283 (2) PERSONNEL.—Minimum standards for child care personnel
284 shall include minimum requirements as to:
285 (a) Good moral character based upon screening as defined in
286 s. 402.302(15). This screening shall be conducted as provided in
287 chapter 435, using the level 2 standards for screening set forth
288 in that chapter, and include employment history checks, a search
289 of criminal history records, sexual predator and sexual offender
290 registries, and child abuse and neglect registry of any state in
291 which the current or prospective child care personnel resided
292 during the preceding 5 years.
293 (b) Fingerprint submission for child care personnel, which
294 shall comply with s. 435.12.
295 (c) The department may grant exemptions from
296 disqualification from working with children or the
297 developmentally disabled as provided in s. 435.07.
298 (d) Minimum age requirements. Such minimum standards shall
299 prohibit a person under the age of 21 from being the operator of
300 a child care facility and a person under the age of 16 from
301 being employed at such facility unless such person is under
302 direct supervision and is not counted for the purposes of
303 computing the personnel-to-child ratio.
304 (d)(e) Minimum training requirements for child care
305 personnel.
306 1. Such minimum standards for training shall ensure that
307 all child care personnel take an approved 40-clock-hour
308 introductory course in child care, which course covers at least
309 the following topic areas:
310 a. State and local rules and regulations which govern child
311 care.
312 b. Health, safety, and nutrition.
313 c. Identifying and reporting child abuse and neglect.
314 d. Child development, including typical and atypical
315 language, cognitive, motor, social, and self-help skills
316 development.
317 e. Observation of developmental behaviors, including using
318 a checklist or other similar observation tools and techniques to
319 determine the child’s developmental age level.
320 f. Specialized areas, including computer technology for
321 professional and classroom use and early literacy and language
322 development of children from birth to 5 years of age, as
323 determined by the department, for owner-operators and child care
324 personnel of a child care facility.
325 g. Developmental disabilities, including autism spectrum
326 disorder and Down syndrome, and early identification, use of
327 available state and local resources, classroom integration, and
328 positive behavioral supports for children with developmental
329 disabilities.
330
331 Within 90 days after employment, child care personnel shall
332 begin training to meet the training requirements. Child care
333 personnel shall successfully complete such training within 1
334 year after the date on which the training began, as evidenced by
335 passage of a competency examination. Successful completion of
336 the 40-clock-hour introductory course shall articulate into
337 community college credit in early childhood education, pursuant
338 to ss. 1007.24 and 1007.25. Exemption from all or a portion of
339 the required training shall be granted to child care personnel
340 based upon educational credentials or passage of competency
341 examinations. Child care personnel possessing a 2-year degree or
342 higher that includes 6 college credit hours in early childhood
343 development or child growth and development, or a child
344 development associate credential or an equivalent state-approved
345 child development associate credential, or a child development
346 associate waiver certificate shall be automatically exempted
347 from the training requirements in sub-subparagraphs b., d., and
348 e.
349 2. The introductory course in child care shall stress, to
350 the extent possible, an interdisciplinary approach to the study
351 of children.
352 3. The introductory course shall cover recognition and
353 prevention of shaken baby syndrome; prevention of sudden infant
354 death syndrome; recognition and care of infants and toddlers
355 with developmental disabilities, including autism spectrum
356 disorder and Down syndrome; and early childhood brain
357 development within the topic areas identified in this paragraph.
358 4. On an annual basis in order to further their child care
359 skills and, if appropriate, administrative skills, child care
360 personnel who have fulfilled the requirements for the child care
361 training shall be required to take an additional 1 continuing
362 education unit of approved inservice training, or 10 clock hours
363 of equivalent training, as determined by the department.
364 5. Child care personnel shall be required to complete 0.5
365 continuing education unit of approved training or 5 clock hours
366 of equivalent training, as determined by the department, in
367 early literacy and language development of children from birth
368 to 5 years of age one time. The year that this training is
369 completed, it shall fulfill the 0.5 continuing education unit or
370 5 clock hours of the annual training required in subparagraph 4.
371 6. Procedures for ensuring the training of qualified child
372 care professionals to provide training of child care personnel,
373 including onsite training, shall be included in the minimum
374 standards. It is recommended that the state community child care
375 coordination agencies (central agencies) be contracted by the
376 department to coordinate such training when possible. Other
377 district educational resources, such as community colleges and
378 career programs, can be designated in such areas where central
379 agencies may not exist or are determined not to have the
380 capability to meet the coordination requirements set forth by
381 the department.
382 7. Training requirements shall not apply to certain
383 occasional or part-time support staff, including, but not
384 limited to, swimming instructors, piano teachers, dance
385 instructors, and gymnastics instructors.
386 8. The child care operator shall be required to take basic
387 training in serving children with disabilities within 5 years
388 after employment, either as a part of the introductory training
389 or the annual 8 hours of inservice training.
390 (e)(f) Periodic health examinations.
391 (f)(g) A credential for child care facility directors. The
392 credential shall be a required minimum standard for licensing.
393
394 The department may grant limited exemptions authorizing a person
395 to work in a specified role or with a specified population.
396 Section 7. Paragraph (e) is added to subsection (3) of
397 section 409.145, Florida Statutes, to read:
398 409.145 Care of children; “reasonable and prudent parent”
399 standard.—The child welfare system of the department shall
400 operate as a coordinated community-based system of care which
401 empowers all caregivers for children in foster care to provide
402 quality parenting, including approving or disapproving a child’s
403 participation in activities based on the caregiver’s assessment
404 using the “reasonable and prudent parent” standard.
405 (3) ROOM AND BOARD RATES.—
406 (e) By July 1, 2026, the department shall, in coordination
407 with its providers, establish a methodology to determine daily
408 room and board rates for children in out-of-home care who are
409 placed in a residential child-caring agency as defined in s.
410 409.175(2)(l). The methodology may produce different payment
411 rates based on factors including, but not limited to, the acuity
412 level of the child being placed and the geographic location of
413 the residential child-caring agency. The department shall adopt
414 rules to implement this paragraph.
415 Section 8. Paragraph (b) of subsection (5), subsection (7),
416 and paragraph (e) of subsection (14) of section 409.175, Florida
417 Statutes, are amended to read:
418 409.175 Licensure of family foster homes, residential
419 child-caring agencies, and child-placing agencies; public
420 records exemption.—
421 (5) The department shall adopt and amend rules for the
422 levels of licensed care associated with the licensure of family
423 foster homes, residential child-caring agencies, and child
424 placing agencies. The rules may include criteria to approve
425 waivers to licensing requirements when applying for a child
426 specific license.
427 (b) The requirements for licensure and operation of family
428 foster homes, residential child-caring agencies, and child
429 placing agencies shall include:
430 1. The operation, conduct, and maintenance of these homes
431 and agencies and the responsibility which they assume for
432 children served and the evidence of need for that service.
433 2. The provision of food, clothing, educational
434 opportunities, services, equipment, and individual supplies to
435 assure the healthy physical, emotional, and mental development
436 of the children served.
437 3. The appropriateness, safety, cleanliness, and general
438 adequacy of the premises, including fire prevention and health
439 standards, to provide for the physical comfort, care, and well
440 being of the children served.
441 4. The ratio of staff to children required to provide
442 adequate care and supervision of the children served and, in the
443 case of family foster homes, the maximum number of children in
444 the home.
445 5. The good moral character based upon screening,
446 education, training, and experience requirements for personnel
447 and family foster homes.
448 6. The department may grant exemptions from
449 disqualification from working with children or the
450 developmentally disabled as provided in s. 435.07.
451 7. The provision of preservice and inservice training for
452 all foster parents and agency staff.
453 7.8. Satisfactory evidence of financial ability to provide
454 care for the children in compliance with licensing requirements.
455 8.9. The maintenance by the agency of records pertaining to
456 admission, progress, health, and discharge of children served,
457 including written case plans and reports to the department.
458 9.10. The provision for parental involvement to encourage
459 preservation and strengthening of a child’s relationship with
460 the family.
461 10.11. The transportation safety of children served.
462 11.12. The provisions for safeguarding the cultural,
463 religious, and ethnic values of a child.
464 12.13. Provisions to safeguard the legal rights of children
465 served.
466 13.14. Requiring signs to be conspicuously placed on the
467 premises of facilities maintained by child-caring agencies to
468 warn children of the dangers of human trafficking and to
469 encourage the reporting of individuals observed attempting to
470 engage in human trafficking activity. The signs must advise
471 children to report concerns to the local law enforcement agency
472 or the Department of Law Enforcement, specifying the appropriate
473 telephone numbers used for such reports. The department shall
474 specify, at a minimum, the content of the signs by rule.
475
476 The department may grant limited exemptions authorizing a person
477 to work in a specified role or with a specified population.
478 (7) The department may extend a license expiration date
479 once for a period of up to 90 30 days to allow for the
480 implementation of corrective measures. However, the department
481 may not extend a license expiration date more than once during a
482 licensure period.
483 (14)
484 (e)1. In addition to any other preservice training required
485 by law, foster parents, as a condition of licensure, and agency
486 staff must successfully complete preservice training related to
487 human trafficking which must be uniform statewide and must
488 include, but need not be limited to, all of the following:
489 a. Basic information on human trafficking, such as an
490 understanding of relevant terminology, and the differences
491 between sex trafficking and labor trafficking.;
492 b. Factors and knowledge on identifying children at risk of
493 human trafficking.; and
494 c. Steps that should be taken to prevent at-risk youths
495 from becoming victims of human trafficking.
496 2. Foster parents, before licensure renewal, and agency
497 staff, during each full year of employment, must complete
498 inservice training related to human trafficking to satisfy the
499 training requirement under subparagraph (5)(b)6 (5)(b)7.
500 Section 9. Present paragraph (b) of subsection (3) of
501 section 409.993, Florida Statutes, is redesignated as paragraph
502 (c), a new paragraph (b) is added to that subsection, and
503 paragraph (a) of that subsection is amended, to read:
504 409.993 Lead agencies and subcontractor liability.—
505 (3) SUBCONTRACTOR LIABILITY.—
506 (a) A subcontractor of an eligible community-based care
507 lead agency that is a direct provider of foster care and related
508 services to children and families, and its employees or
509 officers, except as otherwise provided in paragraph (c) (b),
510 must, as a part of its contract, obtain a minimum of $1 million
511 per occurrence with a policy period aggregate limit of $3
512 million in general liability insurance coverage. The
513 subcontractor of a lead agency must also require that staff who
514 transport client children and families in their personal
515 automobiles in order to carry out their job responsibilities
516 obtain minimum bodily injury liability insurance in the amount
517 of $100,000 per person in any one automobile accident, and
518 subject to such limits for each person, $300,000 for all damages
519 resulting from any one automobile accident, on their personal
520 automobiles. In lieu of personal motor vehicle insurance, the
521 subcontractor’s casualty, liability, or motor vehicle insurance
522 carrier may provide nonowned automobile liability coverage. This
523 insurance provides liability insurance for automobiles that the
524 subcontractor uses in connection with the subcontractor’s
525 business but does not own, lease, rent, or borrow. This coverage
526 includes automobiles owned by the employees of the subcontractor
527 or a member of the employee’s household but only while the
528 automobiles are used in connection with the subcontractor’s
529 business. The nonowned automobile coverage for the subcontractor
530 applies as excess coverage over any other collectible insurance.
531 The personal automobile policy for the employee of the
532 subcontractor shall be primary insurance, and the nonowned
533 automobile coverage of the subcontractor acts as excess
534 insurance to the primary insurance. The subcontractor shall
535 provide a minimum limit of $1 million in nonowned automobile
536 coverage. In a tort action brought against such subcontractor or
537 employee, net economic damages shall be limited to $2 million
538 per liability claim and $200,000 per automobile claim,
539 including, but not limited to, past and future medical expenses,
540 wage loss, and loss of earning capacity, offset by any
541 collateral source payment paid or payable. In a tort action
542 brought against such subcontractor, noneconomic damages shall be
543 limited to $400,000 per claim. A claims bill may be brought on
544 behalf of a claimant pursuant to s. 768.28 for any amount
545 exceeding the limits specified in this paragraph. Any offset of
546 collateral source payments made as of the date of the settlement
547 or judgment shall be in accordance with s. 768.76.
548 (b) A subcontractor of a lead agency that is a direct
549 provider of foster care and related services is not liable for
550 the acts or omissions of the lead agency; the department; or the
551 officers, agents, or employees of the lead agency or the
552 department. Any provision in a contract between a subcontractor
553 and a lead agency which is in conflict with this paragraph is
554 void and unenforceable.
555 Section 10. Paragraph (c) is added to subsection (20) of
556 section 553.73, Florida Statutes, to read:
557 553.73 Florida Building Code.—
558 (20) The Florida Building Commission may not:
559 (c) Mandate the installation of fire sprinklers or a fire
560 suppression system in a residential child-caring agency licensed
561 by the Department of Children and Families under s. 409.175
562 which operates in a single-family residential property that is
563 licensed for a capacity of five or fewer children who are
564 unrelated to the licensee.
565 Section 11. Subsection (12) is added to section 633.208,
566 Florida Statutes, to read:
567 633.208 Minimum firesafety standards.—
568 (12) Notwithstanding subsection (8), a residential child
569 caring agency licensed by the Department of Children and
570 Families under s. 409.175 which operates in a single-family
571 residential property that is licensed for a capacity of five or
572 fewer children who are unrelated to the licensee is not required
573 to install fire sprinklers or a fire suppression system as long
574 as the licensee meets the requirements for portable fire
575 extinguishers, fire alarms, and smoke detectors under this
576 chapter.
577 Section 12. Subsection (3) of section 937.0201, Florida
578 Statutes, is amended to read:
579 937.0201 Definitions.—As used in this chapter, the term:
580 (3) “Missing child” means a person younger than 18 years of
581 age whose temporary or permanent residence is in, or is believed
582 to be in, this state, whose location has not been determined,
583 and who has been reported as missing to a law enforcement
584 agency. The term includes a child who is the subject of a court
585 order to take the child into the custody of the Department of
586 Children and Families.
587 Section 13. Subsection (3) of section 937.021, Florida
588 Statutes, is amended to read:
589 937.021 Missing child and missing adult reports.—
590 (3) A report that a child or adult is missing must be
591 accepted by and filed with the law enforcement agency having
592 jurisdiction in the county or municipality in which the child or
593 adult was last seen. The filing and acceptance of the report
594 imposes the duties specified in this section upon the law
595 enforcement agency receiving the report. This subsection does
596 not preclude a law enforcement agency from accepting a missing
597 child or missing adult report when agency jurisdiction cannot be
598 determined. If agency jurisdiction cannot be determined for
599 cases in which there is a child who is the subject of a court
600 order to take the child into the custody of the Department of
601 Children and Families, the sheriff’s office of the county in
602 which the court order was entered must take jurisdiction.
603 Section 14. Section 402.30501, Florida Statutes, is amended
604 to read:
605 402.30501 Modification of introductory child care course
606 for community college credit authorized.—The Department of
607 Children and Families may modify the 40-clock-hour introductory
608 course in child care under s. 402.305 or s. 402.3131 to meet the
609 requirements of articulating the course to community college
610 credit. Any modification must continue to provide that the
611 course satisfies the requirements of s. 402.305(2)(d) s.
612 402.305(2)(e).
613 Section 15. Subsections (3) and (4) of section 1002.57,
614 Florida Statutes, are amended to read:
615 1002.57 Prekindergarten director credential.—
616 (3) The prekindergarten director credential must meet or
617 exceed the requirements of the Department of Children and
618 Families for the child care facility director credential under
619 s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of
620 the prekindergarten director credential satisfies these
621 requirements for the child care facility director credential.
622 (4) The department shall, to the maximum extent
623 practicable, award credit to a person who successfully completes
624 the child care facility director credential under s.
625 402.305(2)(f) s. 402.305(2)(g) for those requirements of the
626 prekindergarten director credential which are duplicative of
627 requirements for the child care facility director credential.
628 Section 16. Subsection (1) of section 1002.59, Florida
629 Statutes, is amended to read:
630 1002.59 Emergent literacy and performance standards
631 training courses.—
632 (1) The department, in collaboration with the Just Read,
633 Florida! Office, shall adopt minimum standards for courses in
634 emergent literacy for prekindergarten instructors. Each course
635 must consist of 5 clock hours and provide instruction in
636 strategies and techniques to address the age-appropriate
637 progress of prekindergarten students in developing emergent
638 literacy skills, including oral communication, knowledge of
639 print and letters, phonological and phonemic awareness,
640 vocabulary and comprehension development, and foundational
641 background knowledge designed to correlate with the content that
642 students will encounter in grades K-12, consistent with the
643 evidence-based content and strategies grounded in the science of
644 reading identified pursuant to s. 1001.215(7). The course
645 standards must be reviewed as part of any review of subject
646 coverage or endorsement requirements in the elementary, reading,
647 and exceptional student educational areas conducted pursuant to
648 s. 1012.586. Each course must also provide resources containing
649 strategies that allow students with disabilities and other
650 special needs to derive maximum benefit from the Voluntary
651 Prekindergarten Education Program. Successful completion of an
652 emergent literacy training course approved under this section
653 satisfies requirements for approved training in early literacy
654 and language development under ss. 402.305(2)(d)5. ss.
655 402.305(2)(e)5., 402.313(6), and 402.3131(5).
656 Section 17. This act shall take effect July 1, 2025.