Amendments add requirements for safe houses to provide appropriate security pursuant to Chapter Law 2023-85.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-46.020Standards for Safe Houses

PURPOSE AND EFFECT: Amendments add requirements for safe houses to provide appropriate security pursuant to Chapter Law 2023-85.

SUMMARY: Amendments add standards for appropriate security at safe houses, including background screening and training requirements based on the type of security provided.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

A SERC has not been prepared.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 409.1678(2)(c), 409.1678(2)(e), F.S.

LAW IMPLEMENTED: 409.1678, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-46.020 Standards for Safe Houses.

(1) through (2) No change.

(3) The child-caring agency shall ensure all direct care staff complete pre-service training requirements in paragraph 65C-46.011(9)(c), F.A.C., and an additional 24-hours of specialized training in commercial sexual exploitation prior to unsupervised contact with youth. Specialized training requirements are outlined in subsection 65C-43.004(4), F.A.C. Staff must complete eight (8) hours of continuing education annually focused on human trafficking.

(4) Appropriate Security. Individuals identified for the purpose of detecting human trafficking activity and part of the emergency response to search for missing children as outlined in s. 409.1678(2)(c), F.S., must meet the following criteria:

(a) Each child-caring agency shall have an employee, contracted individual, or law enforcement agency who is:

1.  On-site during the evening hours between 7PM to 7AM, seven days a week, which must be outlined in their policies and procedures; and

2. Available 24-hours a day, seven days a week for response to search for missing children.

(b) Background Screenings and Trainings.

1. Hired Security: Shall complete background screening requirements outlined in 65C-46.011(4), F.A.C., a Department approved training on missing children and personal security, and training requirements outlined in 65C-46.020(3), F.A.C.

2. Contracted Security: Child-caring agencies that contract with an individual must ensure the individual:

a.  Has two years of experience working in the field of law enforcement, military, or investigations, and 

b. Met Level II background screening requirements under s. 435, F.S., and

c. Has received missing children and human trafficking training from the child-caring agency or as part of their prior experience in 2.a.

3. Law Enforcement Agency: A child-caring agency that contracts or executes a memorandum of understanding with a law enforcement agency for security shall not require additional trainings and background screenings.

(c) The child-caring agency must ensure completion of trainings and background screening are maintained in the personnel file for hired and contracted individuals. 

(4) through (5) are redesignated (5) through (6) No change.

(7)(6) Admission and Discharge.

(a) through (b) No change.

(c) The child-caring agency shall outline in their program policy responses to behaviors, as mentioned in paragraph (7)(b) (6)(b) of this rule, that support and develop the child’s healthy recovery and resilience.

(d) No change.

(7) through (8) are redesignated (8) through (9) No change.

Rulemaking Authority 409.1678(2)(c), (2)(e) FS. Law Implemented 409.1678 FS. History–New 1-12-16, Amended 10-24-19, Formerly 65C-43.003, Amended 5-26-21, Formerly 64C-14.119, Amended 7-27-22. Amended ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vanessa Snoddy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2023