Bill Text: FL S1360 | 2018 | Regular Session | Comm Sub


Bill Title: Child Welfare

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/CS/HB 1079 [S1360 Detail]

Download: Florida-2018-S1360-Comm_Sub.html
       Florida Senate - 2018                      CS for CS for SB 1360
       
       
        
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senator Broxson
       
       
       
       
       576-03802-18                                          20181360c2
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; revising the definition of the term “abuse”;
    4         amending s. 39.0138, F.S.; requiring the Department of
    5         Children and Families to establish rules for granting
    6         exemptions from criminal history and certain other
    7         records checks required for persons being considered
    8         for placement of a child; requiring the department or
    9         its designee to assess the limitations that justify
   10         the exemption and the limitation’s effects on the
   11         child before granting the exemption; requiring level 1
   12         screening for persons granted such exemption;
   13         prohibiting placement of a child with persons
   14         convicted of a certain felony; amending s. 39.3065,
   15         F.S.; requiring the Sheriff of Walton County to
   16         provide all child protective investigations in the
   17         county beginning with a specified fiscal year;
   18         amending s. 39.6012, F.S.; requiring parents to make
   19         proactive contact with the department or contracted
   20         case management agency at regular intervals; amending
   21         s. 39.6013, F.S.; requiring the court to consider
   22         certain case details before amending a case plan;
   23         amending s. 39.621, F.S.; requiring the court, during
   24         permanency hearings, to determine case plan
   25         compliance; amending s. 39.701, F.S.; requiring the
   26         court, during judicial review hearings, to determine
   27         case plan compliance; amending s. 63.092, F.S.;
   28         requiring the department to release specified records
   29         to entities conducting preliminary home studies;
   30         providing that certain specified training is required
   31         only for persons who adopt children from the
   32         department; amending s. 402.305, F.S.; revising
   33         minimum requirements for child care personnel related
   34         to screening and fingerprinting; requiring child care
   35         facilities to provide information during specified
   36         months to parents intended to prevent children from
   37         being left in vehicles; requiring the department to
   38         develop a flyer or brochure containing specified
   39         information; specifying the minimum standards the
   40         department must adopt regarding transportation of
   41         children by child care facilities; specifying that a
   42         child care facility is not responsible for children
   43         when they are transported by a parent or guardian;
   44         amending s. 402.30501, F.S.; conforming a cross
   45         reference; amending ss. 402.313 and 402.3131, F.S.;
   46         requiring family day care homes and large family child
   47         care homes to provide information during specified
   48         months to parents intended to prevent children from
   49         being left in vehicles; requiring the department to
   50         develop a flyer or brochure containing specified
   51         information; amending s. 409.175, F.S.; defining the
   52         term “severe disability”; providing an exemption from
   53         fingerprint requirements for adult household members
   54         with severe disabilities; amending s. 409.991, F.S.;
   55         revising the definition of the term “proportion of
   56         children in care”; revising the equity allocation
   57         formula for community-based care lead agencies;
   58         amending s. 435.07, F.S.; revising the offenses that
   59         disqualify certain child care personnel from specified
   60         employment; amending ss. 1002.55, 1002.57, and
   61         1002.59, F.S.; conforming cross-references; providing
   62         a directive to the Division of Law Revision and
   63         Information; providing an effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Subsection (2) of section 39.01, Florida
   68  Statutes, is amended to read:
   69         39.01 Definitions.—When used in this chapter, unless the
   70  context otherwise requires:
   71         (2) “Abuse” means any willful act or threatened act that
   72  results in any physical, mental, or sexual abuse, injury, or
   73  harm that causes or is likely to cause the child’s physical,
   74  mental, or emotional health to be significantly impaired. Abuse
   75  of a child includes the birth of a new child into a family
   76  during the course of an open dependency case when the parent or
   77  caregiver has been determined to lack the protective capacity to
   78  safely care for the children in the home and has not
   79  substantially complied with the case plan towards successful
   80  reunification or met the conditions for return of the children
   81  into the home. Abuse of a child includes acts or omissions.
   82  Corporal discipline of a child by a parent or legal custodian
   83  for disciplinary purposes does not in itself constitute abuse
   84  when it does not result in harm to the child.
   85         Section 2. Present subsections (2) through (7) of section
   86  39.0138, Florida Statutes, are renumbered as subsections (3)
   87  through (8), respectively, present subsections (2) and (3) are
   88  amended, and a new subsection (2) is added to that section, to
   89  read:
   90         39.0138 Criminal history and other records checks; limit on
   91  placement of a child.—
   92         (2)(a)The department shall establish rules for granting an
   93  exemption from the fingerprinting requirements under subsection
   94  (1) for a household member who has a physical, developmental, or
   95  cognitive disability that prevents that person from safely
   96  submitting fingerprints.
   97         (b)Before granting an exemption, the department or its
   98  designee shall assess and document the physical, developmental,
   99  or cognitive limitations that justify the exemption and the
  100  effect of such limitations on the safety and well-being of the
  101  child being placed in the home.
  102         (c)If a fingerprint exemption is granted, a level 1
  103  screening pursuant to s. 435.03 shall be completed on the person
  104  who is granted the exemption.
  105         (3)(2) The department may not place a child with a person
  106  other than a parent if the criminal history records check
  107  reveals that the person has been convicted of any felony that
  108  falls within any of the following categories:
  109         (a) Child abuse, abandonment, or neglect;
  110         (b) Domestic violence;
  111         (c) Child pornography or other felony in which a child was
  112  a victim of the offense; or
  113         (d) Homicide, sexual battery, or other felony involving
  114  violence, other than felony assault or felony battery when an
  115  adult was the victim of the assault, or battery, or resisting
  116  arrest with violence.
  117         (4)(3) The department may not place a child with a person
  118  other than a parent if the criminal history records check
  119  reveals that the person has, within the previous 5 years, been
  120  convicted of a felony that falls within any of the following
  121  categories:
  122         (a) Assault;
  123         (b) Battery; or
  124         (c) A drug-related offense; or
  125         (d)Resisting arrest with violence.
  126         Section 3. Paragraph (a) of subsection (3) of section
  127  39.3065, Florida Statutes, is amended to read:
  128         39.3065 Sheriffs of certain counties to provide child
  129  protective investigative services; procedures; funding.—
  130         (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of
  131  Pasco County, Manatee County, Broward County, and Pinellas
  132  County shall have the responsibility to provide all child
  133  protective investigations in their respective counties.
  134  Beginning in fiscal year 2018-2019, the Sheriff of Walton County
  135  shall provide all child protective investigations in his or her
  136  county. Beginning in fiscal year 2000-2001, the Department of
  137  Children and Families is authorized to enter into grant
  138  agreements with sheriffs of other counties to perform child
  139  protective investigations in their respective counties.
  140         Section 4. Paragraph (d) is added to subsection (1) of
  141  section 39.6012, Florida Statutes, to read:
  142         39.6012 Case plan tasks; services.—
  143         (1) The services to be provided to the parent and the tasks
  144  that must be completed are subject to the following:
  145         (d)Parents must provide accurate contact information to
  146  the department or the contracted case management agency, update
  147  such information as appropriate, and make proactive contact with
  148  the department or the contracted case management agency at least
  149  every 14 calendar days to provide information on the status of
  150  case plan task completion, barriers to completion, and plans
  151  toward reunification.
  152         Section 5. Subsections (6) and (7) of section 39.6013,
  153  Florida Statutes, are renumbered as subsections (7) and (8),
  154  respectively, and a new subsection (6) is added to that section,
  155  to read:
  156         39.6013 Case plan amendments.—
  157         (6)When determining whether to amend the case plan, the
  158  court must consider the length of time the case has been open,
  159  the level of parental engagement to date, the number of case
  160  plan tasks completed, the child’s type of placement and
  161  attachment, and the potential for successful reunification.
  162         Section 6. Subsection (5) of section 39.621, Florida
  163  Statutes, is amended to read:
  164         39.621 Permanency determination by the court.—
  165         (5) At the permanency hearing, the court shall determine:
  166         (a) Whether the current permanency goal for the child is
  167  appropriate or should be changed;
  168         (b) When the child will achieve one of the permanency
  169  goals; and
  170         (c) Whether the department has made reasonable efforts to
  171  finalize the permanency plan currently in effect; and
  172         (d)Whether the frequency, duration, manner, and level of
  173  engagement of the parent or legal guardian’s visitation with the
  174  child meets the case plan requirements.
  175         Section 7. Paragraph (d) of subsection (2) of section
  176  39.701, Florida Statutes, is amended to read:
  177         39.701 Judicial review.—
  178         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  179  AGE.—
  180         (d) Orders.—
  181         1. Based upon the criteria set forth in paragraph (c) and
  182  the recommended order of the citizen review panel, if any, the
  183  court shall determine whether or not the social service agency
  184  shall initiate proceedings to have a child declared a dependent
  185  child, return the child to the parent, continue the child in
  186  out-of-home care for a specified period of time, or initiate
  187  termination of parental rights proceedings for subsequent
  188  placement in an adoptive home. Amendments to the case plan must
  189  be prepared as prescribed in s. 39.6013. If the court finds that
  190  the prevention or reunification efforts of the department will
  191  allow the child to remain safely at home or be safely returned
  192  to the home, the court shall allow the child to remain in or
  193  return to the home after making a specific finding of fact that
  194  the reasons for the creation of the case plan have been remedied
  195  to the extent that the child’s safety, well-being, and physical,
  196  mental, and emotional health will not be endangered.
  197         2. The court shall return the child to the custody of the
  198  parents at any time it determines that they have substantially
  199  complied with the case plan, if the court is satisfied that
  200  reunification will not be detrimental to the child’s safety,
  201  well-being, and physical, mental, and emotional health.
  202         3. If, in the opinion of the court, the social service
  203  agency has not complied with its obligations as specified in the
  204  written case plan, the court may find the social service agency
  205  in contempt, shall order the social service agency to submit its
  206  plans for compliance with the agreement, and shall require the
  207  social service agency to show why the child could not safely be
  208  returned to the home of the parents.
  209         4. If, at any judicial review, the court finds that the
  210  parents have failed to substantially comply with the case plan
  211  to the degree that further reunification efforts are without
  212  merit and not in the best interest of the child, on its own
  213  motion, the court may order the filing of a petition for
  214  termination of parental rights, whether or not the time period
  215  as contained in the case plan for substantial compliance has
  216  expired.
  217         5. Within 6 months after the date that the child was placed
  218  in shelter care, the court shall conduct a judicial review
  219  hearing to review the child’s permanency goal as identified in
  220  the case plan. At the hearing the court shall make findings
  221  regarding the likelihood of the child’s reunification with the
  222  parent or legal custodian. In making such findings, the court
  223  shall consider the level of the parent or legal custodian’s
  224  compliance with the case plan and demonstrated change in
  225  protective capacities compared to that necessary to achieve
  226  timely reunification within 12 months after the removal of the
  227  child from the home. The court shall also consider the
  228  frequency, duration, manner, and level of engagement of the
  229  parent or legal custodian’s visitation with the child in
  230  compliance with the case plan. If the court makes a written
  231  finding that it is not likely that the child will be reunified
  232  with the parent or legal custodian within 12 months after the
  233  child was removed from the home, the department must file with
  234  the court, and serve on all parties, a motion to amend the case
  235  plan under s. 39.6013 and declare that it will use concurrent
  236  planning for the case plan. The department must file the motion
  237  within 10 business days after receiving the written finding of
  238  the court. The department must attach the proposed amended case
  239  plan to the motion. If concurrent planning is already being
  240  used, the case plan must document the efforts the department is
  241  taking to complete the concurrent goal.
  242         6. The court may issue a protective order in assistance, or
  243  as a condition, of any other order made under this part. In
  244  addition to the requirements included in the case plan, the
  245  protective order may set forth requirements relating to
  246  reasonable conditions of behavior to be observed for a specified
  247  period of time by a person or agency who is before the court;
  248  and the order may require any person or agency to make periodic
  249  reports to the court containing such information as the court in
  250  its discretion may prescribe.
  251         Section 8. Subsection (3) of section 63.092, Florida
  252  Statutes, is amended to read:
  253         63.092 Report to the court of intended placement by an
  254  adoption entity; at-risk placement; preliminary study.—
  255         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
  256  intended adoptive home, a preliminary home study must be
  257  performed by a licensed child-placing agency, a child-caring
  258  agency registered under s. 409.176, a licensed professional, or
  259  an agency described in s. 61.20(2), unless the adoptee is an
  260  adult or the petitioner is a stepparent or a relative. If the
  261  adoptee is an adult or the petitioner is a stepparent or a
  262  relative, a preliminary home study may be required by the court
  263  for good cause shown. The department is required to perform the
  264  preliminary home study only if there is no licensed child
  265  placing agency, child-caring agency registered under s. 409.176,
  266  licensed professional, or agency described in s. 61.20(2), in
  267  the county where the prospective adoptive parents reside. The
  268  preliminary home study must be made to determine the suitability
  269  of the intended adoptive parents and may be completed prior to
  270  identification of a prospective adoptive minor. A favorable
  271  preliminary home study is valid for 1 year after the date of its
  272  completion. Upon its completion, a signed copy of the home study
  273  must be provided to the intended adoptive parents who were the
  274  subject of the home study. A minor may not be placed in an
  275  intended adoptive home before a favorable preliminary home study
  276  is completed unless the adoptive home is also a licensed foster
  277  home under s. 409.175. The preliminary home study must include,
  278  at a minimum:
  279         (a) An interview with the intended adoptive parents;
  280         (b) Records checks of the department’s central abuse
  281  registry, which the department shall provide to the entity
  282  conducting the preliminary home study, and criminal records
  283  correspondence checks under s. 39.0138 through the Department of
  284  Law Enforcement on the intended adoptive parents;
  285         (c) An assessment of the physical environment of the home;
  286         (d) A determination of the financial security of the
  287  intended adoptive parents;
  288         (e) Documentation of counseling and education of the
  289  intended adoptive parents on adoptive parenting, as determined
  290  by the entity conducting the preliminary home study. The
  291  training specified in s. 409.175(14) shall only be required for
  292  persons who adopt children from the department;
  293         (f) Documentation that information on adoption and the
  294  adoption process has been provided to the intended adoptive
  295  parents;
  296         (g) Documentation that information on support services
  297  available in the community has been provided to the intended
  298  adoptive parents; and
  299         (h) A copy of each signed acknowledgment of receipt of
  300  disclosure required by s. 63.085.
  301  
  302  If the preliminary home study is favorable, a minor may be
  303  placed in the home pending entry of the judgment of adoption. A
  304  minor may not be placed in the home if the preliminary home
  305  study is unfavorable. If the preliminary home study is
  306  unfavorable, the adoption entity may, within 20 days after
  307  receipt of a copy of the written recommendation, petition the
  308  court to determine the suitability of the intended adoptive
  309  home. A determination as to suitability under this subsection
  310  does not act as a presumption of suitability at the final
  311  hearing. In determining the suitability of the intended adoptive
  312  home, the court must consider the totality of the circumstances
  313  in the home. A minor may not be placed in a home in which there
  314  resides any person determined by the court to be a sexual
  315  predator as defined in s. 775.21 or to have been convicted of an
  316  offense listed in s. 63.089(4)(b)2.
  317         Section 9. Paragraphs (b) through (f) of subsection (2) of
  318  section 402.305, Florida Statutes, are redesignated as
  319  paragraphs (c) through (g), respectively, paragraph (a) of
  320  subsection (2) and subsections (9) and (10) are amended, and a
  321  new paragraph (b) is added to that subsection (2), to read:
  322         402.305 Licensing standards; child care facilities.—
  323         (2) PERSONNEL.—Minimum standards for child care personnel
  324  shall include minimum requirements as to:
  325         (a) Good moral character based upon screening as defined in
  326  s. 402.302(15). This screening shall be conducted as provided in
  327  chapter 435, using the level 2 standards for screening set forth
  328  in that chapter, and must include employment history checks, a
  329  search of criminal history records, sexual predator and sexual
  330  offender registries, and child abuse and neglect registry of any
  331  state in which the current or prospective child care personnel
  332  resided during the preceding 5 years.
  333         (b)Fingerprint submission for child care personnel, which
  334  shall comply with s. 435.12.
  335         (9) ADMISSIONS AND RECORDKEEPING.—
  336         (a) Minimum standards shall include requirements for
  337  preadmission and periodic health examinations, requirements for
  338  immunizations, and requirements for maintaining emergency
  339  information and health records on all children.
  340         (b) During the months of August and September of each year,
  341  each child care facility shall provide parents of children
  342  enrolled in the facility detailed information regarding the
  343  causes, symptoms, and transmission of the influenza virus in an
  344  effort to educate those parents regarding the importance of
  345  immunizing their children against influenza as recommended by
  346  the Advisory Committee on Immunization Practices of the Centers
  347  for Disease Control and Prevention.
  348         (c)During the months of April and September of each year,
  349  at a minimum, each facility shall provide parents of children
  350  enrolled in the facility with information regarding the
  351  potential for a distracted adult to fail to drop off a child at
  352  the facility and instead leave the child in the adult’s vehicle
  353  upon arrival at the adult’s destination. The child care facility
  354  shall also give parents information about resources with
  355  suggestions to avoid this occurrence. The department shall
  356  develop a flyer or brochure with this information, which shall
  357  be posted to the department’s website, which child care
  358  facilities may choose to reproduce and provide to parents to
  359  satisfy the requirements of this paragraph.
  360         (d)(c) Because of the nature and duration of drop-in child
  361  care, requirements for preadmission and periodic health
  362  examinations and requirements for medically signed records of
  363  immunization required for child care facilities shall not apply.
  364  A parent of a child in drop-in child care shall, however, be
  365  required to attest to the child’s health condition and the type
  366  and current status of the child’s immunizations.
  367         (e)(d) Any child shall be exempt from medical or physical
  368  examination or medical or surgical treatment upon written
  369  request of the parent or guardian of such child who objects to
  370  the examination and treatment. However, the laws, rules, and
  371  regulations relating to contagious or communicable diseases and
  372  sanitary matters shall not be violated because of any exemption
  373  from or variation of the health and immunization minimum
  374  standards.
  375         (10) TRANSPORTATION SAFETY.—Minimum standards shall include
  376  requirements for child restraints or seat belts in vehicles used
  377  by child care facilities and large family child care homes to
  378  transport children, requirements for annual inspections of the
  379  vehicles, limitations on the number of children in the vehicles,
  380  procedures to avoid leaving children in vehicles when
  381  transported by the facility, and accountability for children
  382  being transported by the child care facility. A child care
  383  facility is not responsible for children when they are
  384  transported by a parent or guardian.
  385         Section 10. Section 402.30501, Florida Statutes, is amended
  386  to read:
  387         402.30501 Modification of introductory child care course
  388  for community college credit authorized.—The Department of
  389  Children and Families may modify the 40-clock-hour introductory
  390  course in child care under s. 402.305 or s. 402.3131 to meet the
  391  requirements of articulating the course to community college
  392  credit. Any modification must continue to provide that the
  393  course satisfies the requirements of s. 402.305(2)(e) s.
  394  402.305(2)(d).
  395         Section 11. Subsection (15) is added to section 402.313,
  396  Florida Statutes, to read:
  397         402.313 Family day care homes.—
  398         (15)During the months of April and September of each year,
  399  at a minimum, each family day care home shall provide parents of
  400  children attending the family day care home with information
  401  regarding the potential for a distracted adult to fail to drop
  402  off a child at the family day care home and instead leave the
  403  child in the adult’s vehicle upon arrival at the adult’s
  404  destination. The family day care home shall also give parents
  405  information about resources with suggestions to avoid this
  406  occurrence. The department shall develop a flyer or brochure
  407  with this information, which shall be posted to the department’s
  408  website, which family day care homes may choose to reproduce and
  409  provide to parents to satisfy the requirements of this
  410  subsection.
  411         Section 12. Subsection (10) is added to section 402.3131,
  412  Florida Statutes, to read:
  413         402.3131 Large family child care homes.—
  414         (10)During the months of April and September of each year,
  415  at a minimum, each large family child care home shall provide
  416  parents of children attending the large family child care home
  417  with information regarding the potential for a distracted adult
  418  to fail to drop off a child at the large family child care home
  419  and instead leave the child in the adult’s vehicle upon arrival
  420  at the adult’s destination. The large family child care home
  421  shall also give parents information about resources with
  422  suggestions to avoid this occurrence. The department shall
  423  develop a flyer or brochure with this information, which shall
  424  be posted to the department’s website, which large family child
  425  care homes may choose to reproduce and provide to parents to
  426  satisfy the requirements of this subsection.
  427         Section 13. Paragraphs (l) and (m) of subsection (2) of
  428  section 409.175, Florida Statutes, are redesignated as
  429  paragraphs (m) and (n), respectively, a new paragraph (l) is
  430  added to that subsection, and paragraph (a) of subsection (6) of
  431  that section is amended, to read:
  432         409.175 Licensure of family foster homes, residential
  433  child-caring agencies, and child-placing agencies; public
  434  records exemption.—
  435         (2) As used in this section, the term:
  436         (l)“Severe disability” means a physical, developmental, or
  437  cognitive limitation affecting an individual’s ability to safely
  438  submit fingerprints.
  439         (6)(a) An application for a license shall be made on forms
  440  provided, and in the manner prescribed, by the department. The
  441  department shall make a determination as to the good moral
  442  character of the applicant based upon screening. The department
  443  may grant an exemption from fingerprinting requirements,
  444  pursuant to s. 39.0138, for an adult household member who has a
  445  severe disability.
  446         Section 14. Paragraph (e) of subsection (1) and subsections
  447  (2) and (4) of section 409.991, Florida Statutes, are amended to
  448  read:
  449         409.991 Allocation of funds for community-based care lead
  450  agencies.—
  451         (1) As used in this section, the term:
  452         (e) “Proportion of children in care” means the proportion
  453  of the number of children in care receiving in-home services
  454  over the most recent 12-month period, the number of children
  455  whose families were receiving family support services during the
  456  most recent 12-month period, and the number of children who have
  457  entered into in out-of-home care with a case management overlay
  458  during the most recent 24-month 12-month period. This
  459  subcomponent shall be weighted as follows:
  460         1.Fifteen percent shall be based on children whose
  461  families are receiving family support services.
  462         2.1.Fifty-five Sixty percent shall be based on children in
  463  out-of-home care.
  464         3.2.Thirty Forty percent shall be based on children in in
  465  home care.
  466         (2) The equity allocation of core services funds shall be
  467  calculated based on the following weights:
  468         (a) Proportion of the child population shall be weighted as
  469  5 percent of the total.;
  470         (b) Proportion of child abuse hotline workload shall be
  471  weighted as 35 15 percent of the total.; and
  472         (c) Proportion of children in care shall be weighted as 60
  473  80 percent of the total.
  474         (4) Unless otherwise specified in the General
  475  Appropriations Act, any new core services funds shall be
  476  allocated based on the equity allocation model as follows:
  477         (a) Seventy Twenty percent of new funding shall be
  478  allocated among all community-based care lead agencies.
  479         (b) Thirty Eighty percent of new funding shall be allocated
  480  among community-based care lead agencies that are funded below
  481  their equitable share. Funds allocated pursuant to this
  482  paragraph shall be weighted based on each community-based care
  483  lead agency’s relative proportion of the total amount of funding
  484  below the equitable share.
  485         Section 15. Subsection (4) of section 435.07, Florida
  486  Statutes, is amended to read:
  487         435.07 Exemptions from disqualification.—Unless otherwise
  488  provided by law, the provisions of this section apply to
  489  exemptions from disqualification for disqualifying offenses
  490  revealed pursuant to background screenings required under this
  491  chapter, regardless of whether those disqualifying offenses are
  492  listed in this chapter or other laws.
  493         (4)(a) Disqualification from employment under this chapter
  494  may not be removed from, nor may an exemption be granted to, any
  495  personnel who is found guilty of, regardless of adjudication, or
  496  who has entered a plea of nolo contendere or guilty to, any
  497  felony covered by s. 435.03 or s. 435.04 solely by reason of any
  498  pardon, executive clemency, or restoration of civil rights.
  499         (b) Disqualification from employment under this chapter may
  500  not be removed from, nor may an exemption be granted to, any
  501  person who is a:
  502         1. Sexual predator as designated pursuant to s. 775.21;
  503         2. Career offender pursuant to s. 775.261; or
  504         3. Sexual offender pursuant to s. 943.0435, unless the
  505  requirement to register as a sexual offender has been removed
  506  pursuant to s. 943.04354.
  507         (c) Disqualification from employment under this chapter may
  508  not be removed from, and an exemption may not be granted to, any
  509  current or prospective child care personnel, as defined in s.
  510  402.302(3), and such a person is disqualified from employment as
  511  child care personnel, regardless of any previous exemptions from
  512  disqualification, if the person has been registered as a sex
  513  offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
  514  arrested for and is awaiting final disposition of, has been
  515  convicted or found guilty of, or entered a plea of guilty or
  516  nolo contendere to, regardless of adjudication, or has been
  517  adjudicated delinquent and the record has not been sealed or
  518  expunged for, any offense prohibited under any of the following
  519  provisions of state law or a similar law of another
  520  jurisdiction:
  521         1. A felony offense prohibited under any of the following
  522  statutes:
  523         a. Chapter 741, relating to domestic violence.
  524         b. Section 782.04, relating to murder.
  525         c. Section 782.07, relating to manslaughter, aggravated
  526  manslaughter of an elderly person or disabled adult, aggravated
  527  manslaughter of a child, or aggravated manslaughter of an
  528  officer, a firefighter, an emergency medical technician, or a
  529  paramedic.
  530         d. Section 784.021, relating to aggravated assault.
  531         e. Section 784.045, relating to aggravated battery.
  532         f. Section 787.01, relating to kidnapping.
  533         g. Section 787.025, relating to luring or enticing a child.
  534         h. Section 787.04(2), relating to leading, taking,
  535  enticing, or removing a minor beyond the state limits, or
  536  concealing the location of a minor, with criminal intent pending
  537  custody proceedings.
  538         i. Section 787.04(3), relating to leading, taking,
  539  enticing, or removing a minor beyond the state limits, or
  540  concealing the location of a minor, with criminal intent pending
  541  dependency proceedings or proceedings concerning alleged abuse
  542  or neglect of a minor.
  543         j. Section 794.011, relating to sexual battery.
  544         k. Former s. 794.041, relating to sexual activity with or
  545  solicitation of a child by a person in familial or custodial
  546  authority.
  547         l. Section 794.05, relating to unlawful sexual activity
  548  with certain minors.
  549         m. Section 794.08, relating to female genital mutilation.
  550         n. Section 806.01, relating to arson.
  551         o. Section 826.04, relating to incest.
  552         p. Section 827.03, relating to child abuse, aggravated
  553  child abuse, or neglect of a child.
  554         q. Section 827.04, relating to contributing to the
  555  delinquency or dependency of a child.
  556         r. Section 827.071, relating to sexual performance by a
  557  child.
  558         s. Chapter 847, relating to child pornography.
  559         t.Chapter 893, relating to a drug abuse prevention and
  560  control offense, if that offense was committed in the preceding
  561  5 years.
  562         u.t. Section 985.701, relating to sexual misconduct in
  563  juvenile justice programs.
  564         2. A misdemeanor offense prohibited under any of the
  565  following statutes:
  566         a. Section 784.03, relating to battery, if the victim of
  567  the offense was a minor.
  568         b. Section 787.025, relating to luring or enticing a child.
  569         c. Chapter 847, relating to child pornography.
  570         3. A criminal act committed in another state or under
  571  federal law which, if committed in this state, constitutes an
  572  offense prohibited under any statute listed in subparagraph 1.
  573  or subparagraph 2.
  574         Section 16. Paragraph (g) of subsection (3) of section
  575  1002.55, Florida Statutes, is amended to read:
  576         1002.55 School-year prekindergarten program delivered by
  577  private prekindergarten providers.—
  578         (3) To be eligible to deliver the prekindergarten program,
  579  a private prekindergarten provider must meet each of the
  580  following requirements:
  581         (g) The private prekindergarten provider must have a
  582  prekindergarten director who has a prekindergarten director
  583  credential that is approved by the office as meeting or
  584  exceeding the minimum standards adopted under s. 1002.57.
  585  Successful completion of a child care facility director
  586  credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
  587  establishment of the prekindergarten director credential under
  588  s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
  589  the requirement for a prekindergarten director credential under
  590  this paragraph.
  591         Section 17. Subsections (3) and (4) of section 1002.57,
  592  Florida Statutes, are amended to read:
  593         1002.57 Prekindergarten director credential.—
  594         (3) The prekindergarten director credential must meet or
  595  exceed the requirements of the Department of Children and
  596  Families for the child care facility director credential under
  597  s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
  598  the prekindergarten director credential satisfies these
  599  requirements for the child care facility director credential.
  600         (4) The department shall, to the maximum extent
  601  practicable, award credit to a person who successfully completes
  602  the child care facility director credential under s.
  603  402.305(2)(g) s. 402.305(2)(f) for those requirements of the
  604  prekindergarten director credential which are duplicative of
  605  requirements for the child care facility director credential.
  606         Section 18. Subsection (1) of section 1002.59, Florida
  607  Statutes, is amended to read:
  608         1002.59 Emergent literacy and performance standards
  609  training courses.—
  610         (1) The office shall adopt minimum standards for one or
  611  more training courses in emergent literacy for prekindergarten
  612  instructors. Each course must comprise 5 clock hours and provide
  613  instruction in strategies and techniques to address the age
  614  appropriate progress of prekindergarten students in developing
  615  emergent literacy skills, including oral communication,
  616  knowledge of print and letters, phonemic and phonological
  617  awareness, and vocabulary and comprehension development. Each
  618  course must also provide resources containing strategies that
  619  allow students with disabilities and other special needs to
  620  derive maximum benefit from the Voluntary Prekindergarten
  621  Education Program. Successful completion of an emergent literacy
  622  training course approved under this section satisfies
  623  requirements for approved training in early literacy and
  624  language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
  625  402.313(6), and 402.3131(5).
  626         Section 19. The Division of Law Revision and Information is
  627  directed to prepare, with the assistance of the staffs of the
  628  appropriate substantive committees of the House of
  629  Representatives and the Senate, a reviser’s bill for the 2019
  630  Regular Session of the Legislature to capitalize the first
  631  letter of each word of the term “child protection team” wherever
  632  it occurs in Florida Statutes.
  633         Section 20. This act shall take effect July 1, 2018.

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