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1A bill to be entitled
2An act relating to child welfare; amending s. 39.01,
3F.S.; defining the terms "accredited child safety
4organization" and "child-serving organization";
5revising the definition of the term "institutional
6child abuse or neglect"; creating s. 39.0151, F.S.;
7requiring certain organizations and agencies to
8provide employees with annual training approved by the
9Department of Children and Families relating to the
10protection of children from abuse and neglect;
11providing requirements for such training; requiring
12the department to create a process to recognize and
13approve qualified accrediting organizations for a
14specified purpose; providing requirements for
15qualified accrediting organizations to be approved by
16the department; requiring approved qualified
17accrediting organizations to maintain certain records
18and submit such records annually to the department;
19requiring the department to review the status of each
20qualified accrediting organization at certain
21intervals; authorizing the department to revoke its
22recognition and approval of a qualified accrediting
23organization for good cause; requiring the department
24to review the status of accredited child safety
25organizations at certain intervals; authorizing the
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26department to renew or revoke the accreditation or
27certification of an accredited child safety
28organization; amending s. 39.101, F.S.; requiring the
29department to collect and analyze certain reports of
30abuse which are reported from or occurred at a child-
31serving organization; creating s. 627.0656, F.S.;
32requiring the Office of Insurance Regulation to
33approve rating plans for employer's liability
34insurance which provide a premium discount to certain
35child-serving organizations; providing requirements
36for such plans; providing legislative findings;
37requiring the Office of Program Policy Analysis and
38Government Accountability to conduct a study on the
39affordability and availability of liability coverage
40for child-serving organizations; requiring the office
41to provide a certain report to the Legislature by a
42certain date; amending ss. 39.302, 39.521, 39.6012,
43394.495, 934.255, 960.065, and 984.03, F.S.;
44conforming cross-references; reenacting s.
4539.301(2)(b), F.S., relating to initiation of
46protective investigations, to incorporate the
47amendment made to s. 39.01, F.S., in a reference
48thereto; providing an effective date.
49
50    Be It Enacted by the Legislature of the State of Florida:
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51
52Section 1.  Subsections (3) through (13) and subsections
53    (14) through (91) of section 39.01, Florida Statutes, are
54    renumbered as subsections (4) through (14) and subsections (16)
55    through (93), respectively, present subsections (10) and (39) of
56    that section are amended, and new subsections (3) and (15) are
57    added to that section, to read:
5839.01       Definitions.—When used in this chapter, unless the
59    context otherwise requires:
60(3)     "Accredited child safety organization" means an
61    organization that has been certified or accredited by a
62    qualified accrediting organization that is recognized and
63    approved by the department. For purposes of this subsection, the
64    term "certified or accredited" means an evidence-based and
65    independent validation process managed through a professional
66    association or accrediting organization.
67(11)(10)  "Caregiver" means the parent, legal custodian,
68    permanent guardian, adult household member, or other person
69    responsible for a child's welfare as defined in subsection (59)
70    (57).
71(15)        "Child-serving organization" means any public or
72    private agency, organization, facility, or institution that
73    provides organized programming for children, including, but not
74    limited to, public or private schools, public or private child
75    care facilities and day care centers, residential homes, day
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76     camps, youth sports organizations, and other organizations whose
77     employees or volunteers are adults entrusted with a child's
78     care.
79(41)(39)        "Institutional child abuse or neglect" means
80     situations of known or suspected child abuse or neglect in which
81     the person allegedly perpetrating the child abuse or neglect is
82     an employee of or volunteer at a child-serving organization a
83     public or private school, public or private day care center,
84     residential home, institution, facility, or agency or any other
85     person at such institution responsible for the child's welfare
86     as defined in subsection (59) (57).
87Section 2.        Section 39.0151, Florida Statutes, is created
88     to read:
8939.0151     Training and certification of child-serving
90     organizations.—
91(1)     Each child-serving organization and each agency that
92     contracts with the department or the Department of Juvenile
93     Justice shall provide to all employees annual training relating
94     to the protection of children from abuse and neglect. The
95     training must be approved by the Department of Children and
96     Families and include, at a minimum, instruction on all of the
97     following:
98(a)     Common signs and symptoms of child abuse and neglect.
99(b)     Techniques for preventing child abuse and neglect,
100    including, but not limited to, techniques for ensuring proper
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101    boundaries to prevent abuse, screening standards, and
102    supervision techniques designed to avoid inappropriate adult-
103    child interactions.
104(c)      Procedures for responding to a suspected case of child
105    abuse or neglect, including, but not limited to, any mandated
106    reporting responsibilities and procedures; procedures for
107    ensuring the child's safety and emotional well-being; and
108    procedures necessary to achieve an appropriate investigation of
109    any child abuse or neglect allegations.
110(d)      Information regarding sex trafficking and child sexual
111    exploitation, including steps to identify suspected victims.
112(e)      Child-friendly procedures necessary to prevent a child
113    victim of abuse or neglect from suffering further trauma or re-
114    victimization, to protect the child's privacy, and to assist the
115    child's recovery.
116(2)(a)      The Department of Children and Families shall
117    create a process to recognize and approve qualified accrediting
118    organizations that are authorized to accredit or certify child-
119    serving organizations as accredited child safety organizations.
120    The department shall recognize and approve a qualified
121    accrediting organization if such organization meets all of the
122    following requirements:
1231.      The organization is a nonprofit organization authorized
124    to operate in this state.
1252.      The organization has developed a curriculum or program
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126    that substantially meets the requirements of subsection (1) and
127    offers such curriculum or program to child-serving
128    organizations. The curriculum or program must be provided to the
129    department for review, along with any other information
130    requested by the department.
1313.      The organization can demonstrate to the satisfaction of
132    the department, a record of providing child abuse prevention and
133    response training to child-serving organizations in this state
134    for at least 2 years before the organization submits its
135    application to the department for recognition and approval.
136(b)      Once approved by the department, a qualified
137    accrediting organization must maintain a record of all training
138    it provides to child-serving organizations and annually submit
139    such record to the department. As part of its record, a
140    qualified accrediting organization must maintain the following:
1411.      A list of child-serving organizations that are trained
142    and become accredited child safety organizations.
1432.      Participant evaluations from all of the trainings the
144    qualified accrediting organization has provided.
145(c)      The department must review the status of each
146    qualified accrediting organization on a biannual basis; however,
147    the department may conduct a review of each qualified
148    accrediting organization's status at any time. The department
149    may revoke its recognition and approval of a qualified
150    accrediting organization for good cause.
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151(d)      The status of an accredited child safety organization
152    must be reviewed by the department at least every 3 years and
153    the accreditation or certification of such organization may be
154    renewed or revoked by the department upon such review.
155Section 3.       Paragraph (f) of subsection (3) of section
156    39.101, Florida Statutes, is amended to read:
15739.101      Central abuse hotline.—The central abuse hotline is
158    the first step in the safety assessment and investigation
159    process.
160(3)      COLLECTION OF INFORMATION AND DATA.—The department
161    shall:
162(f)1.       Collect and analyze child-on-child sexual abuse
163    reports and include such information in the aggregate
164    statistical reports.
1652.      Collect and analyze, in separate statistical reports,
166    those reports of child abuse, sexual abuse, and juvenile sexual
167    abuse which are reported from or which occurred on or at:
168a.      School premises;
169b.      School transportation;
170c.      School-sponsored off-campus events;
171d.      A school readiness program provider determined to be
172    eligible under s. 1002.88;
173e.      A private prekindergarten provider or a public school
174    prekindergarten provider, as those terms are defined in s.
175    1002.51(7) and (8), respectively;
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176f.      A public K-12 school as described in s. 1000.04;
177g.      A private school as defined in s. 1002.01;
178h.      A Florida College System institution or a state
179    university, as those terms are defined in s. 1000.21(5) and (9),
180    respectively; or
181i.      A school, as defined in s. 1005.02; or
182j.      A child-serving organization.
183Section 4.        Section 627.0656, Florida Statutes, is created
184    to read:
185627.0656        Insurance discounts for accredited child safety
186    organizations.—The office shall approve rating plans for
187    employer's liability insurance which provide an appropriate
188    reduction in premium charges to child-serving organizations as
189    defined in s. 39.01 which are certified or accredited as
190    accredited child safety organizations by the Department of
191    Children and Families under s. 39.0151(2). The plans must be
192    actuarially sound and must state the savings anticipated to
193    result from a child-serving organization becoming an accredited
194    child safety organization.
195Section 5.        Child safety and liability insurance study.—
196(1)     The Legislature finds that:
197(a)      Recent studies demonstrate that across the nation,
198    including in this state, organizations that provide services to
199    children face an existential threat to their ability to operate
200    due to the unaffordability, and on occasion unavailability, of
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201    liability insurance.
202(b)     Private organizations that provide services to
203    children are essential to the well-being of families and
204    communities. Churches, synagogues, and other faith-based
205    organizations provide child care, organized activities, and
206    educational opportunities for children. Camps, scouting
207    organizations, and youth sports organizations provide children
208    with the opportunity to develop physically and mentally. Other
209    organizations provide residential care, foster care, and respite
210    care for children in difficult circumstances.
211(c)     The cost of liability insurance threatens the ability
212    of organizations to provide these services. Recently, the
213    shutdown of private foster agencies in California due to the
214    unavailability of insurance was averted only by legislative
215    intervention.
216(d)     The liability coverage affordability and availability
217    crisis for such organizations is driven by factors that include
218    social inflation; nationwide changes affecting the liability of
219    organizations for past incidents resulting in harm to children;
220    and the ongoing challenges of serving children while maintaining
221    proper procedures to screen and supervise employees and
222    volunteers, raise situational awareness of the risks of child
223    abuse within organizations, and take steps to prevent the
224    exploitation or abuse of children in their programs.
225(e)     Potential methods to ensure that private organizations
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226    are able to continue carrying out their valuable work include
227    developing methods to reduce insurance rates, providing state
228    financial support to providers, and developing programs to
229    bolster child abuse and neglect prevention policies and
230    protocols within organizations.
231(2)     The Office of Program Policy Analysis and Government
232    Accountability shall conduct a study on the affordability and
233    availability of liability coverage for child-serving
234    organizations as defined in s. 39.01, Florida Statutes. The
235    office shall identify potential legislative actions that may be
236    taken to ensure the continued viability of such organizations
237    and provide a report of its findings to the President of the
238    Senate and the Speaker of the House of Representatives by July
239    1, 2027.
240Section 6.       Subsection (1) of section 39.302, Florida
241    Statutes, is amended to read:
24239.302      Protective investigations of institutional child
243    abuse, abandonment, or neglect.—
244(1)     The department shall conduct a child protective
245    investigation of each report of institutional child abuse,
246    abandonment, or neglect. Upon receipt of a report that alleges
247    that an employee or agent of the department, or any other entity
248    or person covered by s. 39.01(41) or (59) s. 39.01(39) or (57),
249    acting in an official capacity, has committed an act of child
250    abuse, abandonment, or neglect, the department shall initiate a
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251    child protective investigation within the timeframe established
252    under s. 39.101(2) and notify the appropriate state attorney,
253    law enforcement agency, and licensing agency, which shall
254    immediately conduct a joint investigation, unless independent
255    investigations are more feasible. When conducting investigations
256    or having face-to-face interviews with the child, investigation
257    visits shall be unannounced unless it is determined by the
258    department or its agent that unannounced visits threaten the
259    safety of the child. If a facility is exempt from licensing, the
260    department shall inform the owner or operator of the facility of
261    the report. Each agency conducting a joint investigation is
262    entitled to full access to the information gathered by the
263    department in the course of the investigation. A protective
264    investigation must include an interview with the child's parent
265    or legal guardian. The department shall make a full written
266    report to the state attorney within 3 business days after making
267    the oral report. A criminal investigation shall be coordinated,
268    whenever possible, with the child protective investigation of
269    the department. Any interested person who has information
270    regarding the offenses described in this subsection may forward
271    a statement to the state attorney as to whether prosecution is
272    warranted and appropriate. Within 15 days after the completion
273    of the investigation, the state attorney shall report the
274    findings to the department and shall include in the report a
275    determination of whether or not prosecution is justified and
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276    appropriate in view of the circumstances of the specific case.
277Section 7.       Paragraph (c) of subsection (1) of section
278    39.521, Florida Statutes, is amended to read:
27939.521      Disposition hearings; powers of disposition.—
280(1)      A disposition hearing shall be conducted by the court,
281    if the court finds that the facts alleged in the petition for
282    dependency were proven in the adjudicatory hearing, or if the
283    parents or legal custodians have consented to the finding of
284    dependency or admitted the allegations in the petition, have
285    failed to appear for the arraignment hearing after proper
286    notice, or have not been located despite a diligent search
287    having been conducted.
288(c)      When any child is adjudicated by a court to be
289    dependent, the court having jurisdiction of the child has the
290    power by order to:
2911.      Require the parent and, when appropriate, the legal
292    guardian or the child to participate in treatment and services
293    identified as necessary. The court may require the person who
294    has custody or who is requesting custody of the child to submit
295    to a mental health or substance abuse disorder assessment or
296    evaluation. The order may be made only upon good cause shown and
297    pursuant to notice and procedural requirements provided under
298    the Florida Rules of Juvenile Procedure. The mental health
299    assessment or evaluation must be administered by a qualified
300    professional as defined in s. 39.01, and the substance abuse
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301    assessment or evaluation must be administered by a qualified
302    professional as defined in s. 397.311. The court may also
303    require such person to participate in and comply with treatment
304    and services identified as necessary, including, when
305    appropriate and available, participation in and compliance with
306    a mental health court program established under chapter 394 or a
307    treatment-based drug court program established under s. 397.334.
308    Adjudication of a child as dependent based upon evidence of harm
309    as defined in s. 39.01(39)(g) s. 39.01(37)(g) demonstrates good
310    cause, and the court shall require the parent whose actions
311    caused the harm to submit to a substance abuse disorder
312    assessment or evaluation and to participate and comply with
313    treatment and services identified in the assessment or
314    evaluation as being necessary. In addition to supervision by the
315    department, the court, including the mental health court program
316    or the treatment-based drug court program, may oversee the
317    progress and compliance with treatment by a person who has
318    custody or is requesting custody of the child. The court may
319    impose appropriate available sanctions for noncompliance upon a
320    person who has custody or is requesting custody of the child or
321    make a finding of noncompliance for consideration in determining
322    whether an alternative placement of the child is in the child's
323    best interests. Any order entered under this subparagraph may be
324    made only upon good cause shown. This subparagraph does not
325    authorize placement of a child with a person seeking custody of
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326    the child, other than the child's parent or legal custodian, who
327    requires mental health or substance abuse disorder treatment.
3282.      Require, if the court deems necessary, the parties to
329    participate in dependency mediation.
3303.      Require placement of the child either under the
331    protective supervision of an authorized agent of the department
332    in the home of one or both of the child's parents or in the home
333    of a relative of the child or another adult approved by the
334    court, or in the custody of the department. Protective
335    supervision continues until the court terminates it or until the
336    child reaches the age of 18, whichever date is first. Protective
337    supervision shall be terminated by the court whenever the court
338    determines that permanency has been achieved for the child,
339    whether with a parent, another relative, or a legal custodian,
340    and that protective supervision is no longer needed. The
341    termination of supervision may be with or without retaining
342    jurisdiction, at the court's discretion, and shall in either
343    case be considered a permanency option for the child. The order
344    terminating supervision by the department must set forth the
345    powers of the custodian of the child and include the powers
346    ordinarily granted to a guardian of the person of a minor unless
347    otherwise specified. Upon the court's termination of supervision
348    by the department, further judicial reviews are not required if
349    permanency has been established for the child.
3504.      Determine whether the child has a strong attachment to
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351    the prospective permanent guardian and whether such guardian has
352    a strong commitment to permanently caring for the child.
353Section 8.       Paragraph (c) of subsection (1) of section
354    39.6012, Florida Statutes, is amended to read:
35539.6012     Case plan tasks; services.—
356(1)     The services to be provided to the parent and the
357    tasks that must be completed are subject to the following:
358(c)     If there is evidence of harm as defined in s.
359    39.01(39)(g) s. 39.01(37)(g), the case plan must include as a
360    required task for the parent whose actions caused the harm that
361    the parent submit to a substance abuse disorder assessment or
362    evaluation and participate and comply with treatment and
363    services identified in the assessment or evaluation as being
364    necessary.
365Section 9.       Paragraph (p) of subsection (4) of section
366    394.495, Florida Statutes, is amended to read:
367394.495     Child and adolescent mental health system of care;
368    programs and services.—
369(4)     The array of services may include, but is not limited
370    to:
371(p)     Trauma-informed services for children who have
372    suffered sexual exploitation as defined in s. 39.01(82)(g) s.
373    39.01(80)(g).
374Section 10.  Paragraph (c) of subsection (1) of section
375    934.255, Florida Statutes, is amended to read:
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376934.255       Subpoenas in investigations of sexual offenses.—
377(1)     As used in this section, the term:
378(c)     "Sexual abuse of a child" means a criminal offense
379    based on any conduct described in s. 39.01(82) s. 39.01(80).
380Section 11.  Subsection (5) of section 960.065, Florida
381    Statutes, is amended to read:
382960.065       Eligibility for awards.—
383(5)     A person is not ineligible for an award pursuant to
384    paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
385    person is a victim of sexual exploitation of a child as defined
386    in s. 39.01(82)(g) s. 39.01(80)(g).
387Section 12.  Subsections (1), (2), and (24) of section
388    984.03, Florida Statutes, are amended to read:
389984.03       Definitions.—When used in this chapter, the term:
390(1)     "Abandoned" or "abandonment" has the same meaning as
391    in s. 39.01 s. 39.01(1).
392(2)     "Abuse" has the same meaning as in s. 39.01 s.
393    39.01(2).
394(24)        "Neglect" has the same meaning as in s. 39.01 s.
395    39.01(53).
396Section 13.  For the purpose of incorporating the amendment
397    made by this act to section 39.01, Florida Statutes, in a
398    reference thereto, paragraph (b) of subsection (2) of section
399    39.301, Florida Statutes, is reenacted to read:
40039.301       Initiation of protective investigations.—
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401(2)
402(b)      As used in this subsection, the term "criminal
403    conduct" means:
4041.      A child is known or suspected to be the victim of child
405    abuse, as defined in s. 827.03, or of neglect of a child, as
406    defined in s. 827.03.
4072.      A child is known or suspected to have died as a result
408    of abuse or neglect.
4093.      A child is known or suspected to be the victim of
410    aggravated child abuse, as defined in s. 827.03.
4114.      A child is known or suspected to be the victim of
412    sexual battery, as defined in s. 827.071, or of sexual abuse, as
413    defined in s. 39.01.
4145.      A child is known or suspected to be the victim of
415    institutional child abuse or neglect, as defined in s. 39.01,
416    and as provided for in s. 39.302(1).
4176.      A child is known or suspected to be a victim of human
418    trafficking, as provided in s. 787.06.
419Section 14.  This act shall take effect July 1, 2026.
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