Florida Senate - 2010                              CS for SB 530
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Altman, Peaden, Negron, Dockery, and Thrasher
       
       
       
       586-02490-10                                           2010530c1
    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.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 63.0422, Florida Statutes, is created to
   17  read:
   18         63.0422Prohibited 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
   56  home.
   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
   76  served.
   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.
   80         (c)(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
   93  agencies.
   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
   99  verbatim.
  100         (9)(a) The department may deny, suspend, or revoke a
  101  license.
  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
  104  license:
  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.


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