Florida 2019 Regular Session Status: In Committee 1 R cosponsors

SB 1650 — Child Welfare

Last action — Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1237 added · 1067 removed

1237 line(s) added, 1067 removed.

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Florida Senate - 2019 CS for SB 1650 By the Committee on Health Policy;
Florida Senate - 2019 CS for CS for SB 1650 By the Committees on Children, Families, and Elder Affairs;
and Senator Albritton 588-03477-19 20191650c1 A bill to be entitled An act relating to child welfare;
and Health Policy;
amending ss.
and Senator Albritton 586-04035A-19 20191650c2 A bill to be entitled An act relating to child welfare;
39.01 and 39.4015, F.S.;
creating s.
39.0012, F.S.;
requiring the Department of Children and Families to establish a direct-support organization to assist the Children and Youth Cabinet with carrying out certain purposes and responsibilities;
providing purposes and duties of the direct-support organization;
providing for a board of directors;
providing membership requirements;
delineating contract and other governance requirements;
providing for the future repeal of the direct-support organization;
amending s.
39.01, F.S.;
39.201, F.S.;
requiring the central abuse hotline to accept certain reports or calls for investigation for children who do not live in this state;
requiring the Department of Children and Families to initiate an investigation when a report is received from an emergency room physician;
amending s.
39.303, F.S.;
expanding the types of reports that the department must refer to Child Protection Teams;
amending s.
39.4015, F.S.;
revising definitions;
amending s.
revising eligibility for the Relative Caregiver Program;
requiring information to be provided to relatives and nonrelatives regarding the Guardianship Assistance Program and the Relative Caregiver Program;
providing for the termination of guardianship assistance benefits under certain circumstances;
revising who the department must provide guardianship assistance payments to;
defining the term “relative”;
revising the requirements that must be met for approval of an application for the Guardianship Assistance Program;
revising when guardianship assistance benefits must be terminated;
402.56, F.S.;
revising membership of the Children and Youth Cabinet;
amending s.
requiring the department to post certain information on its website;
45 Be It Enacted by the Legislature of the State of Florida:
72 Be It Enacted by the Legislature of the State of Florida:
47 Section 1. Subsection (37) of section 39.01, Florida Statutes, is amended to read:
74 Section 1. Section 39.0012, Florida Statutes, is created to read:
39.0012 Direct-support organization.— (1) The Department of Children and Families shall establish a direct-support organization to assist the Children and Youth Cabinet in carrying out its purposes and responsibilities primarily relating to fostering public awareness of children and youth issues and developing new partners in the effort to serve children and youth by raising money;
submitting requests for and receiving grants from the Federal Government, the state or its political subdivisions, private foundations, and individuals;
and making expenditures to or for the benefit of the cabinet.
Such a direct-support organization is an organization that is:
(a) Incorporated under chapter 617 and approved by the Department of State as a Florida corporation not for profit;
(b) Organized and operated to make expenditures to or for the benefit of the cabinet;
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and (c) Approved by the department to be operating for the benefit of and in a manner consistent with the goals of the cabinet and in the best interest of the state.
(2) The board of directors of the direct-support organization shall consist of seven members appointed by the Governor.
Each member of the board of directors shall be appointed to a 4-year term.
(3) The direct-support organization shall operate under written contract with the department.
(4) All moneys received by the direct-support organization shall be deposited into an account of the direct-support organization and shall be used by the organization in a manner consistent with the goals of the cabinet.
(5) This section is repealed October 1, 2024, unless reviewed and saved from repeal by the Legislature.
Section 2. Subsection (37) of section 39.01, Florida Statutes, is amended to read:
Section 2. Paragraph (d) of subsection (2) of section 39.4015, Florida Statutes, is amended to read:
Section 3. Paragraph (d) of subsection (2) of section 39.201, Florida Statutes, is amended, and paragraph (l) is added to that subsection, to read:
39.201 Mandatory reports of child abuse, abandonment, or neglect;
mandatory reports of death;
central abuse hotline.— (2) (d) If the report is of an instance of known or suspected child abuse, abandonment, or neglect which that occurred out of state and the alleged perpetrator and the child alleged to be a victim live out of state, the central abuse hotline may shall not accept the report or call for investigation unless the child is currently being evaluated in a medical facility in this state.
1. If the child is currently being evaluated in a medical facility in this state, the central abuse hotline shall accept the report or call for investigation and shall transfer the information on the report or call to the appropriate state or country.
2. If the child is not currently being evaluated in a medical facility in this state, the central abuse hotline, but shall transfer the information on the report to or call to the appropriate state or country.
(l) The department shall initiate an investigation when it receives a report from an emergency room physician.
Section 4. Paragraph (i) is added to subsection (4) of section 39.303, Florida Statutes, to read:
39.303 Child Protection Teams and sexual abuse treatment programs;
services;
eligible cases.— (4) The child abuse, abandonment, and neglect reports that must be referred by the department to Child Protection Teams of the Department of Health for an assessment and other appropriate available support services as set forth in subsection (3) must include cases involving:
(i) A child who does not live in this state who is currently being evaluated in a medical facility in this state.
Section 5. Paragraph (d) of subsection (2) of section 39.4015, Florida Statutes, is amended to read:
Section 3. Paragraph (h) of subsection (8) of section 39.402, Florida Statutes, is amended to read:
Section 6. Paragraph (h) of subsection (8) of section 39.402, Florida Statutes, is amended to read:
Section 4. Subsection (3) and paragraphs (g), (h), and (i) of subsection (6) of section 39.407, Florida Statutes, are amended to read:
Section 7. Subsection (3) and paragraphs (g), (h), and (i) of subsection (6) of section 39.407, Florida Statutes, are amended to read:
Section 5. Present paragraphs (a) through (h) of subsection (2) of section 39.5085, Florida Statutes, are redesignated as paragraphs (b) through (i), respectively, paragraph (a) of subsection (1) is amended, and a new paragraph (a) is added to subsection (2) of that section, to read:
Section 8. Present paragraphs (a) through (h) of subsection (2) of section 39.5085, Florida Statutes, are redesignated as paragraphs (b) through (i), respectively, paragraph (a) of subsection (1) is amended, and a new paragraph (a) is added to subsection (2) of that section, to read:
(2) (a) Relatives or nonrelatives who are caring for a child and do not meet the eligibility requirements for Level I licensure under s.
(2) (a) Relatives and nonrelatives must be informed of the availability of, and the requirements and benefits of, the Relative Caregiver Program and the Guardianship Assistance Program and must be informed that they may choose which program to enroll in that best suits the particular needs of the caregiver.
409.175 may apply for the Relative Caregiver Program.
Section 9. Paragraph (a) of subsection (1) of section 39.5086, Florida Statutes, is amended to read:
Section 6. Paragraph (a) of subsection (1) of section 39.5086, Florida Statutes, is amended to read:
Section 7. Subsections (6) and (10) of section 39.6225, Florida Statutes, are amended to read:
Section 10. Subsections (1), (2), (6), and (10) of section 39.6225, Florida Statutes, are amended to read:
39.6225 Guardianship Assistance Program.— (6) Guardianship assistance benefits shall be terminated if the guardian is no longer providing support to the child.
39.6225 Guardianship Assistance Program.— (1) The department shall establish and operate the Guardianship Assistance Program to provide guardianship assistance payments to relatives, as defined in this subsection, next of kin, and fictive kin who meet the eligibility requirements established in this section.
For purposes of this subsection, a guardian is considered to no longer be providing support to the child if:
For purposes of administering the program, the term:
(a) The child is absent from the home of the guardian for a period of at least 60 consecutive calendar days, unless the child:
(a) “Child” means an individual who has not attained 21 years of age.
1. Is absent due to medical care, school attendance, runaway status, or detention in a Department of Juvenile Justice facility;
(b) “Young adult” means an individual who has attained 18 years of age but who has not attained 21 years of age.
(c) “Relative” means fictive kin, a relative as defined in s.
39.01(73), or next of kin.
(2) To approve an application for the program, the department shall determine that all of the following requirements have been met:
(a) The child’s placement with the guardian has been approved by the court.
(b) The court has granted legal custody to the guardian pursuant to s.
39.6221 39.521 or s.
39.522.
(c) The guardian has been licensed to care for the child as provided in s.
409.175.
(d) The child was eligible for foster care room and board payments pursuant to s.
409.145 for at least 6 consecutive months while the child resided in the home of the guardian and the guardian was licensed as a foster parent.
(6) Guardianship assistance benefits shall be terminated if:
(a) The child has attained the age of 18, or such greater age as the department may elect;
(b) The child has not attained the age of 18 and the relative guardians are no longer legally responsible for the support of the child;
or (c) The child is no longer receiving support from the guardian (a) The child is absent from the home of the guardian for a period of at least 60 consecutive calendar days, unless the child:
1.
Is absent due to medical care, school attendance, runaway status, or detention in a Department of Juvenile Justice facility;
Section 8. Subsections (2) and (3), paragraph (a) of subsection (4), and subsection (6) of section 39.6251, Florida Statutes, are amended, and subsection (10) is added to that section, to read:
Section 11. Subsections (2) and (3), paragraph (a) of subsection (4), and subsection (6) of section 39.6251, Florida Statutes, are amended, and subsection (10) is added to that section, to read:
518 The young adult must furnish documentation to the department or lead agency of his or her participation in one of the programs or activities listed in paragraphs (a)-(d), or his or her inability to participate in one of the programs or activities as provided in paragraph (e), or authorize the release of his or her records to the department or lead agency.
644 The young adult must furnish documentation to the department or lead agency of his or her participation in one of the programs or activities listed in paragraphs (a)-(d), or his or her inability to participate in one of the programs or activities as provided in paragraph (e), or authorize the release of his or her records to the department or lead agency.
Section 9. Paragraph (d) of subsection (2) of section 39.701, Florida Statutes, is amended, and paragraphs (f) and (g) are added to subsection (4) of that section, to read:
Section 12. Paragraph (d) of subsection (2) of section 39.701, Florida Statutes, is amended, and paragraphs (f) and (g) are added to subsection (4) of that section, to read:
Section 10. Present subsections (9) and (10) of section 409.1451, Florida Statutes, are redesignated as subsections (10) and (11), respectively, paragraph (b) of subsection (2) is amended, and a new subsection (9) is added to that section, to read:
Section 13. Paragraph (a) of subsection (4) of section 402.56, Florida Statutes, is amended to read:
402.56 Children’s cabinet;
organization;
responsibilities;
annual report.— (4) MEMBERS.—The cabinet shall consist of 16 members including the Governor and the following persons:
(a)1. The Secretary of Children and Families;
2. The Secretary of Juvenile Justice;
3. The director of the Agency for Persons with Disabilities;
4. The director of the Office of Early Learning;
5. The State Surgeon General;
6. The Secretary of Health Care Administration;
7. The Commissioner of Education;
8. The director of the Statewide Guardian Ad Litem Office;
9. A representative The director of the Office of Adoption and Child Protection;
10. A superintendent of schools, appointed by the Governor;
and 11. Five members who represent children and youth advocacy organizations and who are not service providers, appointed by the Governor.
Section 14. Present subsections (9) and (10) of section 409.1451, Florida Statutes, are redesignated as subsections (10) and (11), respectively, paragraph (b) of subsection (2) is amended, and a new subsection (9) is added to that section, to read:
39.6251 may be disregarded for purposes of determining the eligibility for, or the amount of, any other federal or federally supported assistance.
39.6251 may be disregarded for purposes of determining the eligibility for, or the amount of, any other federal or federally supported assistance for which the department is required to determine eligibility for to administer the program.
Section 11. Paragraphs (e), (j), and (m) of subsection (2), paragraph (b) of subsection (5), paragraph (c) of subsection (6), subsection (7), paragraph (b) of subsection (9), paragraphs (b) and (c) of subsection (12), and paragraphs (b) and (d) of subsection (14) of section 409.175, Florida Statutes, are amended to read:
Section 15. Paragraphs (e), (j), and (m) of subsection (2), paragraph (b) of subsection (5), paragraphs (b) and (c) of subsection (6), subsection (7), paragraph (b) of subsection (9), paragraphs (b) and (c) of subsection (12), and paragraphs (b) and (d) of subsection (14) of section 409.175, Florida Statutes, are amended to read:
(6) (c) A licensed family foster home, child-placing agency, or residential child-caring agency which applies for renewal of its license shall submit to the department a list of personnel or household members who have worked or resided on a continuous basis at the applicant family foster home or agency since submitting fingerprints to the department, identifying those for whom a written assurance of compliance was provided by the department and identifying those personnel or household members who have recently begun working or residing at the family foster home or agency and are awaiting the results of the required fingerprint check, along with the date of the submission of those fingerprints for processing.
(6) (b) Upon application, the department shall conduct a licensing study based on its licensing rules;
shall inspect the home or the agency and the records, including financial records, of the agency;
and shall interview the applicant.
The department may authorize a licensed child-placing agency to conduct the licensing study of a family foster home to be used exclusively by that agency and to verify to the department that the home meets the licensing requirements established by the department.
The department shall post on its website a list of the agencies authorized to conduct such studies.
Upon certification by a licensed child-placing agency that a family foster home meets the licensing requirements and upon receipt of a letter from a community-based care lead agency in the service area where the home will be licensed which indicates that the family foster home meets the criteria established by the lead agency, the department shall issue the license.
A letter from the lead agency is not required if the lead agency where the proposed home is located is directly supervising foster homes in the same service area.
(c) A licensed family foster home, child-placing agency, or residential child-caring agency which applies for renewal of its license shall submit to the department a list of personnel or household members who have worked or resided on a continuous basis at the applicant family foster home or agency since submitting fingerprints to the department, identifying those for whom a written assurance of compliance was provided by the department and identifying those personnel or household members who have recently begun working or residing at the family foster home or agency and are awaiting the results of the required fingerprint check, along with the date of the submission of those fingerprints for processing.
Section 12. Subsection (4) of section 409.903, Florida Statutes, is amended to read:
Section 16. Subsection (4) of section 409.903, Florida Statutes, is amended to read:
Section 13. Paragraph (a) of subsection (1) of section 409.991, Florida Statutes, is amended to read:
Section 17. Paragraph (a) of subsection (1) of section 409.991, Florida Statutes, is amended to read:
Section 14. Paragraph (b) of subsection (1) of section 414.045, Florida Statutes, is amended to read:
Section 18. Paragraph (b) of subsection (1) of section 414.045, Florida Statutes, is amended to read:
1043 Families described in subparagraph 1., subparagraph 2., or subparagraph 3.
1212 Families described in subparagraph 1., subparagraph 2., or subparagraph 3.
Section 15. Paragraph (d) of subsection (1) of section 1009.25, Florida Statutes, is amended to read:
Section 19. Paragraph (d) of subsection (1) of section 1009.25, Florida Statutes, is amended to read:
Section 16. This act shall take effect July 1, 2019.
Section 20. This act shall take effect July 1, 2019.
View plain text versions (3)

Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116)

  2. Substituted CS/HB 7099

  3. Read 2nd time

  4. Placed on Special Order Calendar, 04/29/19

  5. Placed on Calendar, on 2nd reading

  6. Favorable by- Appropriations; YEAS 19 NAYS 0

  7. On Committee agenda-- Appropriations, 04/18/19, 9:00 am, 412 Knott Building

  8. CS/CS by Children, Families, and Elder Affairs read 1st time

  9. Now in Appropriations

  10. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  11. CS/CS by Children, Families, and Elder Affairs; YEAS 6 NAYS 0

  12. On Committee agenda-- Children, Families, and Elder Affairs, 04/08/19, 4:00 pm, 301 Senate Building

  13. CS by Health Policy read 1st time

  14. Now in Children, Families, and Elder Affairs

  15. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  16. CS by Health Policy; YEAS 10 NAYS 0

  17. On Committee agenda-- Health Policy, 03/25/19, 1:30 pm, 412 Knott Building

  18. Introduced

  19. Referred to Health Policy; Children, Families, and Elder Affairs; Appropriations

  20. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Favorable

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Republican 3000
Democrat 1000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Book — Yea
Gainer — Not Voting
Hutson — Yea
Powell — Yea
Stewart — Yea
Thurston — Not Voting
Bean — Yea
Benacquisto — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gibson — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Stargel — Yea
Simpson — Yea
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

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Subjects

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Frequently asked questions

Who sponsors SB 1650?
SB 1650 is sponsored by Albritton, Ben (Republican).
What is the current status of SB 1650?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1650?
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