SB 1600 — Community-based Care Lead Agency Liability Insurance

(11)(10) “Caregiver” means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child’s welfare as defined in subsection (59) (57).

(15) “Child-serving organization” means any public or private agency, organization, facility, or institution that provides organized programming for children, including, but not limited to, public or private schools, public or private child care facilities and day care centers, residential homes, day camps, youth sports organizations, and other organizations whose employees or volunteers are adults entrusted with a child’s care.

(41)(39) “Institutional child abuse or neglect” means situations of known or suspected child abuse or neglect in which the person allegedly perpetrating the child abuse or neglect is an employee of or volunteer at a child-serving organization a public or private school, public or private day care center, residential home, institution, facility, or agency or any other person at such institution responsible for the child’s welfare as defined in subsection (59) (57).

Section 2.

Section 39.0151, Florida Statutes, is created to Page 3 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ read:

39.0151 Training and certification of child-serving organizations.— (1) Each child-serving organization and each agency that contracts with the department or the Department of Juvenile Justice shall provide to all employees annual training relating to the protection of children from abuse and neglect.

The training must be approved by the Department of Children and Families and include, at a minimum, instruction on all of the following:

(a) Common signs and symptoms of child abuse and neglect.

(b) Techniques for preventing child abuse and neglect, including, but not limited to, techniques for ensuring proper boundaries to prevent abuse, screening standards, and supervision techniques designed to avoid inappropriate adult- child interactions.

(c) Procedures for responding to a suspected case of child abuse or neglect, including, but not limited to, any mandated reporting responsibilities and procedures;

procedures for ensuring the child’s safety and emotional well-being;

and procedures necessary to achieve an appropriate investigation of any child abuse or neglect allegations.

(d) Information regarding sex trafficking and child sexual exploitation, including steps to identify suspected victims.

(e) Child-friendly procedures necessary to prevent a child victim of abuse or neglect from suffering further trauma or revictimization, to protect the child’s privacy, and to assist the child’s recovery.

(2)(a) The Department of Children and Families shall create Page 4 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ a process to recognize and approve qualified accrediting organizations that are authorized to accredit or certify child- serving organizations as accredited child safety organizations.

The department shall recognize and approve a qualified accrediting organization if such organization meets all of the following requirements:

TheAccess organizationto isand aavailability nonprofitof organizationliability insurance through authorized toinsurance operatecompanies, insurplus thislines state.companies, and self-insurance funds;

TheFactors organizationaffecting has developed a curriculum or program that substantially meets the requirementsability ofto subsectionobtain (1) and offersmaintain suchliability curriculuminsurance; or program to child-serving organizations.

The curriculum or program must be provided to the department for review, along with any other information requested by the department.

TheCost organization can demonstrate to the satisfaction of thegeneral departmentliability ainsurance recordbased ofon providinginsurance childpremium abusedocumentation; prevention and response training to child-serving organizations in this state for at least 2 years before the organization submits its application to the department for recognition and approval.

(b)4. Once approved by the department, a qualified accrediting organization must maintain a record of all training it provides to child-serving organizations and annually submit such record to the department.

AsClaims partdata; of its record, a qualified accrediting organization must maintain the following:

5.

Settlement and judicial disposition data;

6.

Community-based care lead agency operating budget and expenses;

7.

Impact of insurance costs on the financial condition of community-based care lead agencies and their subcontractors;

and 8.

Consistency of statutory insurance requirements with the general insurance market.

(b) The Office of Insurance Regulation shall develop a report on the findings of its review and analysis, including, but not limited to:

ASummary list of child-servingthe organizationsmethods thatused are trained and becomedata accreditedobtained childfor safetyreview organizations.and analysis;

ParticipantTrends evaluationsin frominsurance allpremium ofrates; the trainings the qualified accrediting organization has provided.

(c) The department must review the status of each qualified Page 5 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ accrediting organization on a biannual basis;

however, the department may conduct a review of each qualified accrediting organization’s status at any time.

The department may revoke its recognition and approval of a qualified accrediting organization for good cause.

(d) The status of an accredited child safety organization must be reviewed by the department at least every 3 years and the accreditation or certification of such organization may be renewed or revoked by the department upon such review.

Section 3.

Paragraph (f) of subsection (3) of section 39.101, Florida Statutes, is amended to read:

39.101 Central abuse hotline.—The central abuse hotline is the first step in the safety assessment and investigation process.

(3) COLLECTION OF INFORMATION AND DATA.—The department shall:

(f)1.

Collect and analyze child-on-child sexual abuse reports and include such information in the aggregate statistical reports.

2.

Collect and analyze, in separate statistical reports, those reports of child abuse, sexual abuse, and juvenile sexual abuse which are reported from or which occurred on or at:

a.

School premises;

b.

School transportation;

c.

School-sponsored off-campus events;

d.

A school readiness program provider determined to be eligible under s.

1002.88;

e.

A private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s.

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ 1002.51(7) and (8), respectively;

f.

A public K-12 school as described in s.

1000.04;

g.

A private school as defined in s.

1002.01;

h.

A Florida College System institution or a state university, as those terms are defined in s.

1000.21(5) and (9), respectively;

or i.

A school, as defined in s.

1005.02;

or j.

A child-serving organization.

Section 4.

Section 627.0656, Florida Statutes, is created to read:

627.0656 Insurance discounts for accredited child safety organizations.—The office shall approve rating plans for employer’s liability insurance which provide an appropriate reduction in premium charges to child-serving organizations as defined in s.

39.01 which are certified or accredited as accredited child safety organizations by the Department of Children and Families under s.

39.0151(2).

The plans must be actuarially sound and must state the savings anticipated to result from a child-serving organization becoming an accredited child safety organization.

Section 5.

Child safety and liability insurance study.— (1) The Legislature finds that:

(a) Recent studies demonstrate that across the nation, including in this state, organizations that provide services to children face an existential threat to their ability to operate due to the unaffordability, and on occasion unavailability, of liability insurance.

(b) Private organizations that provide services to children are essential to the well-being of families and communities.

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ Churches, synagogues, and other faith-based organizations provide child care, organized activities, and educational opportunities for children.

Camps, scouting organizations, and youth sports organizations provide children with the opportunity to develop physically and mentally.

Other organizations provide residential care, foster care, and respite care for children in difficult circumstances.

(c) The cost of liability insurance threatens the ability of organizations to provide these services.

Recently, the shutdown of private foster agencies in California due to the unavailability of insurance was averted only by legislative intervention.

(d) The liability coverage affordability and availability crisis for such organizations is driven by factors that include social inflation;

nationwide changes affecting the liability of organizations for past incidents resulting in harm to children;

and the ongoing challenges of serving children while maintaining proper procedures to screen and supervise employees and volunteers, raise situational awareness of the risks of child abuse within organizations, and take steps to prevent the exploitation or abuse of children in their programs.

(e) Potential methods to ensure that private organizations are able to continue carrying out their valuable work include developing methods to reduce insurance rates, providing state financial support to providers, and developing programs to bolster child abuse and neglect prevention policies and protocols within organizations.

(2) The Office of Program Policy Analysis and Government Accountability shall conduct a study on the affordability and Page 8 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ availability of liability coverage for child-serving organizations as defined in s.

39.01, Florida Statutes.

The office shall identify potential legislative actions that may be taken to ensure the continued viability of such organizations and provide a report of its findings to the President of the Senate and the Speaker of the House of Representatives by July 1, 2027.

Section 6.

Subsection (1) of section 39.302, Florida Statutes, is amended to read:

39.302 Protective investigations of institutional child abuse, abandonment, or neglect.— (1) The department shall conduct a child protective investigation of each report of institutional child abuse, abandonment, or neglect.

Upon receipt of a report that alleges that an employee or agent of the department, or any other entity or person covered by s.

39.01(41) or (59) s.

39.01(39) or (57), acting in an official capacity, has committed an act of child abuse, abandonment, or neglect, the department shall initiate a child protective investigation within the timeframe established under s.

39.101(2) and notify the appropriate state attorney, law enforcement agency, and licensing agency, which shall immediately conduct a joint investigation, unless independent investigations are more feasible.

When conducting investigations or having face-to-face interviews with the child, investigation visits shall be unannounced unless it is determined by the department or its agent that unannounced visits threaten the safety of the child.

If a facility is exempt from licensing, the department shall inform the owner or operator of the facility of the report.

Each agency conducting a joint investigation is Page 9 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ entitled to full access to the information gathered by the department in the course of the investigation.

A protective investigation must include an interview with the child’s parent or legal guardian.

The department shall make a full written report to the state attorney within 3 business days after making the oral report.

A criminal investigation shall be coordinated, whenever possible, with the child protective investigation of the department.

Any interested person who has information regarding the offenses described in this subsection may forward a statement to the state attorney as to whether prosecution is warranted and appropriate.

Within 15 days after the completion of the investigation, the state attorney shall report the findings to the department and shall include in the report a determination of whether or not prosecution is justified and appropriate in view of the circumstances of the specific case.

Section 7.

Paragraph (c) of subsection (1) of section 39.521, Florida Statutes, is amended to read:

39.521 Disposition hearings;

powers of disposition.— (1) A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted.

(c) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power by order to:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ 1.

Require the parent and, when appropriate, the legal guardian or the child to participate in treatment and services identified as necessary.

The court may require the person who has custody or who is requesting custody of the child to submit to a mental health or substance abuse disorder assessment or evaluation.

The order may be made only upon good cause shown and pursuant to notice and procedural requirements provided under the Florida Rules of Juvenile Procedure.

The mental health assessment or evaluation must be administered by a qualified professional as defined in s.

39.01, and the substance abuse assessment or evaluation must be administered by a qualified professional as defined in s.

397.311.

The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a mental health court program established under chapter 394 or a treatment-based drug court program established under s.

397.334.

Adjudication of a child as dependent based upon evidence of harm as defined in s.

39.01(39)(g) s.

39.01(37)(g) demonstrates good cause, and the court shall require the parent whose actions caused the harm to submit to a substance abuse disorder assessment or evaluation and to participate and comply with treatment and services identified in the assessment or evaluation as being necessary.

In addition to supervision by the department, the court, including the mental health court program or the treatment-based drug court program, may oversee the progress and compliance with treatment by a person who has custody or is requesting custody of the child.

The court may impose appropriate available sanctions for noncompliance upon a Page 11 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ person who has custody or is requesting custody of the child or make a finding of noncompliance for consideration in determining whether an alternative placement of the child is in the child’s best interests.

Any order entered under this subparagraph may be made only upon good cause shown.

This subparagraph does not authorize placement of a child with a person seeking custody of the child, other than the child’s parent or legal custodian, who requires mental health or substance abuse disorder treatment.

2.

Require, if the court deems necessary, the parties to participate in dependency mediation.

RequireTrends placement of the child either under the protective supervision of an authorized agent of the department in theclaims homeand ofsettlements; one or both of the child’s parents or in the home of a relative of the child or another adult approved by the court, or in the custody of the department.

Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first.

Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed.

The termination of supervision may be with or without retaining jurisdiction, at the court’s discretion, and shall in either case be considered a permanency option for the child.

The order terminating supervision by the department must set forth the powers of the custodian of the child and include the powers ordinarily granted to a guardian of the person of a minor unless otherwise specified.

Upon the court’s termination of supervision by the department, further judicial reviews are not required if Page 12 of 15 CODING:

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ permanency has been established for the child.

DetermineTrends whetherin theliability childcoverage hasaffordability a strong attachment to the prospective permanent guardian and whetheravailability; such guardian has a strong commitment to permanently caring for the child.

Sectionand 8.5.

ParagraphActionable (c)recommendations offor subsectionagency (1)and oflegislative sectionchanges 39.6012,to Floridaensure Statutes,affordable isand amendedavailable toliability read:insurance for community-based care lead agencies and their subcontractors.

39.6012(c) CaseThe planreport tasks;must be provided to the Governor, the Page 2 of 3 CODING:

services.— (1) The services to be provided to the parent and the tasks that must be completed are subject to the following:

(c) If there is evidence of harm as defined in s.

39.01(39)(g) s.

39.01(37)(g), the case plan must include as a required task for the parent whose actions caused the harm that the parent submit to a substance abuse disorder assessment or evaluation and participate and comply with treatment and services identified in the assessment or evaluation as being necessary.

Section 9.

Paragraph (p) of subsection (4) of section 394.495, Florida Statutes, is amended to read:

394.495 Child and adolescent mental health system of care;

programs and services.— (4) The array of services may include, but is not limited to:

(p) Trauma-informed services for children who have suffered sexual exploitation as defined in s.

39.01(82)(g) s.

39.01(80)(g).

Section 10.

Paragraph (c) of subsection (1) of section 934.255, Florida Statutes, is amended to read:

934.255 Subpoenas in investigations of sexual offenses.— (1) As used in this section, the term:

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Florida Senate - 2026 CS for SB 1600 4-00779A-26586-02686-26 20261600__20261600c1 (c)President “Sexual abuse of athe child”Senate, meansand athe criminalSpeaker offenseof basedthe onHouse anyof conductRepresentatives describedby inJanuary s.1, 2027.

39.01(82)(d) s.The Office of Insurance Regulation is authorized to levy fines or otherwise penalize an insurance company for failure to reply to any request for information within 30 calendar days after such request.

39.01(80).Any fine schedule set by the office may not exceed $500 per day for the first 3 days late and $1000 per day for each late day thereafter, which shall be transferred to the General Revenue Fund.

Section(e) 11.The Department of Children and Families is authorized to levy fines or otherwise penalize a community-based care lead agency or subcontractor for failure to reply to any request for information within 30 calendar days after such request.

SubsectionAny (5)fine ofschedule sectionset 960.065,by Floridathe Statutes,department ismay amendednot exceed $500 per day for the first 3 days late and $1000 for each late day thereafter, which shall be transferred to read:the General Revenue Fund.

960.065(f) EligibilityThis forsubsection awards.—shall (5)stand Arepealed personon isJuly not1, ineligible2027, forunless anreviewed awardand pursuantsaved tofrom paragraphrepeal (2)(a),through paragraphreenactment (2)(b),by orthe paragraphLegislature. (2)(c) if that person is a victim of sexual exploitation of a child as defined in s.

39.01(82)(g)Section s.2.

39.01(80)(g).

Section 12.

Subsections (1), (2), and (24) of section 984.03, Florida Statutes, are amended to read:

984.03 Definitions.—When used in this chapter, the term:

(1) “Abandoned” or “abandonment” has the same meaning as in s.

39.01 s.

39.01(1).

(2) “Abuse” has the same meaning as in s.

39.01 s.

39.01(2).

(24) “Neglect” has the same meaning as in s.

39.01 s.

39.01(53).

Section 13.

For the purpose of incorporating the amendment made by this act to section 39.01, Florida Statutes, in a reference thereto, paragraph (b) of subsection (2) of section 39.301, Florida Statutes, is reenacted to read:

39.301 Initiation of protective investigations.— (2) (b) As used in this subsection, the term “criminal conduct” means:

1.

A child is known or suspected to be the victim of child abuse, as defined in s.

827.03, or of neglect of a child, as defined in s.

827.03.

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Florida Senate - 2026 SB 1600 4-00779A-26 20261600__ 2.

A child is known or suspected to have died as a result of abuse or neglect.

3.

A child is known or suspected to be the victim of aggravated child abuse, as defined in s.

827.03.

4.

A child is known or suspected to be the victim of sexual battery, as defined in s.

827.071, or of sexual abuse, as defined in s.

39.01.

5.

A child is known or suspected to be the victim of institutional child abuse or neglect, as defined in s.

39.01, and as provided for in s.

39.302(1).

6.

A child is known or suspected to be a victim of human trafficking, as provided in s.

787.06.

Section 14.

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