Florida Senate - 2010 CS for SB 530
By the Committee on Children, Families, and Elder Affairs; and
Senators Altman, Peaden, Negron, Dockery, and Thrasher
1 A bill to be entitled
2 An act relating to adoption; creating s. 63.0422,
3 F.S.; prohibiting an adoption agency or entity from
4 making suitability determinations based on, requiring
5 disclosure relating to, or restricting the lawful
6 possession, storage, or use of a firearm or
7 ammunition; amending s. 409.175, F.S.; providing
8 additional requirements for child-placing agencies;
9 providing additional rulemaking requirements for the
10 Department of Children and Family Services; creating
11 additional grounds for denial, suspension, or
12 revocation of a license; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. Section 63.0422, Florida Statutes, is created to
18 63.0422 Prohibited conditions on adoptions; firearms and
19 ammunition.—An adoption agency or entity, whether public or
20 private, may not:
21 (1) Make a determination that a person is unsuitable to
22 adopt based on the lawful possession, storage, or use of a
23 firearm or ammunition by any member of the adoptive home.
24 (2) Require an adoptive parent or prospective adoptive
25 parent to disclose information relating to a person’s lawful
26 possession, storage, or use of a firearm or ammunition as a
27 condition to adopt.
28 (3) Restrict the lawful possession, storage, or use of a
29 firearm or ammunition as a condition for a person to adopt.
30 Section 2. Subsections (5) and (9) of section 409.175,
31 Florida Statutes, are amended to read:
32 409.175 Licensure of family foster homes, residential
33 child-caring agencies, and child-placing agencies; public
34 records exemption.—
35 (5)(a) The department shall adopt and amend licensing rules
36 for family foster homes, residential child-caring agencies, and
37 child-placing agencies. The department may also adopt rules
38 relating to the screening requirements for summer day camps and
39 summer 24-hour camps. The requirements for licensure and
40 operation of family foster homes, residential child-caring
41 agencies, and child-placing agencies shall include:
42 1. The operation, conduct, and maintenance of these homes
43 and agencies and the responsibility which they assume for
44 children served and the evidence of need for that service.
45 2. The provision of food, clothing, educational
46 opportunities, services, equipment, and individual supplies to
47 assure the healthy physical, emotional, and mental development
48 of the children served.
49 3. The appropriateness, safety, cleanliness, and general
50 adequacy of the premises, including fire prevention and health
51 standards, to provide for the physical comfort, care, and well
52 being of the children served.
53 4. The ratio of staff to children required to provide
54 adequate care and supervision of the children served and, in the
55 case of foster homes, the maximum number of children in the
57 5. The good moral character based upon screening,
58 education, training, and experience requirements for personnel.
59 6. The department may grant exemptions from
60 disqualification from working with children or the
61 developmentally disabled as provided in s. 435.07.
62 7. The provision of preservice and inservice training for
63 all foster parents and agency staff.
64 8. Satisfactory evidence of financial ability to provide
65 care for the children in compliance with licensing requirements.
66 9. The maintenance by the agency of records pertaining to
67 admission, progress, health, and discharge of children served,
68 including written case plans and reports to the department.
69 10. The provision for parental involvement to encourage
70 preservation and strengthening of a child’s relationship with
71 the family.
72 11. The transportation safety of children served.
73 12. The provisions for safeguarding the cultural,
74 religious, and ethnic values of a child.
75 13. Provisions to safeguard the legal rights of children
77 (b) The requirements for the licensure and operation of a
78 child-placing agency shall also include compliance with the
79 requirements of ss. 63.0422 and 790.335.
(b) In promulgating licensing rules pursuant to this
81 section, the department may make distinctions among types of
82 care; numbers of children served; and the physical, mental,
83 emotional, and educational needs of the children to be served by
84 a home or agency.
85 (d) (c) The department shall not adopt rules which interfere
86 with the free exercise of religion or which regulate religious
87 instruction or teachings in any child-caring or child-placing
88 home or agency; however, nothing herein shall be construed to
89 allow religious instruction or teachings that are inconsistent
90 with the health, safety, or well-being of any child; with public
91 morality; or with the religious freedom of children, parents, or
92 legal guardians who place their children in such homes or
94 (e) The department’s rules shall include adoption of a form
95 to be used by child-placing agencies during an adoption home
96 study which requires all prospective adoptive applicants to
97 acknowledge in writing the receipt of a document containing
98 solely and exclusively the language provided for in s. 790.174
100 (9)(a) The department may deny, suspend, or revoke a
102 (b) Any of the following actions by a home or agency or its
103 personnel is a ground for denial, suspension, or revocation of a
105 1. An intentional or negligent act materially affecting the
106 health or safety of children in the home or agency.
107 2. A violation of the provisions of this section or of
108 licensing rules promulgated pursuant to this section.
109 3. Noncompliance with the requirements for good moral
110 character as specified in paragraph (5)(a).
111 4. Failure to dismiss personnel found in noncompliance with
112 requirements for good moral character.
113 5. Failure to comply with the requirements of ss. 63.0422
114 and 790.335.
115 Section 3. This act shall take effect upon becoming a law.