CHAPTER 409

409.016 Definitions. As used in this chapter: (1) “Commercial sexual exploitation” means the use of any person under the age of 18 years for sexual purposes in exchange for money, goods, or services or the promise of money, goods, or services. (2) “Department,” unless otherwise specified, means the Department of Children and Families. (3) “Management functions” means: (a) Planning, directing, organizing, coordinating, and carrying out oversight duties of the lead agency; or (b) Contracting for officer or director level staffing in performance of the planning, directing, organizing, coordinating, and carrying out of oversight duties of the lead agency. (4) “Secretary” means the secretary of the Department of Children and Families. (5) “Social and economic services,” within the meaning of this chapter, means the providing of financial assistance as well as preventive and rehabilitative social services for children, adults, and families. History. — s. 1, ch. 70-255; s. 2, ch. 78-433; s. 110, ch. 97-101; s. 168, ch. 2014-19; s. 3, ch. 2017-23; s. 18, ch. 2024-183. 409.017 Revenue Maximization Act; legislative intent; revenue maximization program. (1) SHORT TITLE. — This section may be cited as the “Revenue Maximization Act.” (2) LEGISLATIVE INTENT. — (a) The Legislature recognizes that state funds do not fully utilize federal funding matching opportunities for health and human services needs. It is the intent of the Legislature to authorize the use of certified local funding for federal matching programs to the fullest extent possible to maximize federal funding of local preventive services and local child development programs in this state. To that end, the Legislature expects that state agencies will take a proactive approach in implementing this legislative priority. It is the further intent of the Legislature that this act shall be revenue neutral with respect to state funds. (b) It is the intent of the Legislature that revenue maximization opportunities using certified local funding shall occur only after available state funds have been utilized to generate matching federal funding for the state. (c) It is the intent of the Legislature that participation in revenue maximization is to be voluntary for local political subdivisions. (d) Except for funds expended pursuant to Title XIX of the Social Security Act, it is the intent of the Legislature that certified local funding for federal matching programs not supplant or replace state funds. Any state funds supplanted or replaced with local tax revenues for Title XIX funds shall be expressly approved in the General Appropriations Act or by the Legislative Budget Commission pursuant to chapter 216. (e) It is the intent of the Legislature that revenue maximization shall not divert existing funds from state agencies that are currently using local funds to maximize matching federal and state funds to the greatest extent possible. (f) It is the intent of the Legislature to encourage and allow any agency to engage, through a competitive procurement process, an entity with expertise in claiming justifiable and appropriate federal funds through revenue maximization efforts both retrospectively and prospectively. This claiming may include, but not be limited to, administrative and services activities that are eligible under federal matching programs. (3) REVENUE MAXIMIZATION PROGRAM. — (a) For purposes of this section, the term “agency” means any state agency or department that is involved in providing health, social, or human services, including, but not limited to, the Agency for Health Care Administration, the Department of Children and Families, the Department of Elderly Affairs, the Department of Juvenile Justice, the Department of Education, and the State Board of Education. (b) The Agency for Health Care Administration may develop a procurement document and procedure to claim administrative federal matching funds for state-provided educational services. The agency shall then competitively procure an entity with appropriate expertise and experience to retrospectively and prospectively maximize federal revenues through administrative claims for federal matching funds for state-provided educational services. (c) Each agency shall establish programs and mechanisms designed to maximize the use of local funding for federal programs in accordance with this section. (d) The use of local matching funds under this section must be limited to public revenue funds of local political subdivisions, including, but not limited to, counties, municipalities, and special districts. To the extent permitted by federal law, funds donated to such local political subdivisions by private entities, such as, but not limited to, the United Way, community foundations or other foundations, and businesses, or by individuals are considered to be public revenue funds available for matching federal funding. (e) Subject to paragraph (g), any federal reimbursement received as a result of the certification of local matching funds must, unless specifically prohibited by federal law or state law, including the General Appropriations Act, and subject to the availability of specific appropriation and release authority, be returned within 30 days after receipt by the agency by the most expedient means possible to the local political subdivision providing such funding, and the local political subdivision must be provided an annual accounting of federal reimbursements received by the state or its agencies as a result of the certification of the local political subdivision’s matching funds. The receipt by a local political subdivision of such matching funds must not in any way influence or be used as a factor in developing any agency’s annual operating budget allocation methodology or formula or any subsequent budget amendment allocations or formulas. If necessary, agreements must be made between an agency and the local political subdivision to accomplish that purpose. Such an agreement may provide that the local political subdivision must: verify the eligibility of the local program or programs and the individuals served thereby to qualify for federal matching funds; shall develop and maintain the financial records necessary for documenting the appropriate use of federal funds; shall comply with all applicable state and federal laws, regulations, and rules that regulate such federal services; and shall reimburse the cost of any disallowance of federal funding previously provided to a local political subdivision resulting from the failure of that local political subdivision to comply with applicable state or federal laws, rules, or regulations. (f) Each agency, as applicable, shall work with local political subdivisions to modify any state plans and to seek and implement any federal waivers necessary to implement this section. If such modifications or waivers require the approval of the Legislature, the agency, as applicable, shall draft such legislation and present it to the President of the Senate and the Speaker of the House of Representatives and to the respective committee chairs of the Senate and the House of Representatives by January 1, as applicable, annually. (g) Each agency, as applicable, before funds generated under this section are distributed to any local political subdivision, may deduct the actual administrative cost for implementing and monitoring the local match program; however, such administrative costs may not exceed 5 percent of the total federal reimbursement funding to be provided to the local political subdivision under paragraph (e). To the extent that any other provision of state law applies to the certification of local matching funds for a specific program, the provisions of that statute which relate to administrative costs apply in lieu of the provisions of this paragraph. The failure to remit reimbursement to the local political subdivision will result in the payment of interest, in addition to the amount to be reimbursed at a rate pursuant to s. 55.03(1) on the unpaid amount from the expiration of the 30-day period until payment is received. (h) Each agency, respectively, shall annually submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives, no later than January 1, a report that documents the specific activities undertaken during the previous fiscal year under this section. The report must include, but is not limited to, a statement of the total amount of federal matching funds generated by local matching funds under this section, reported by federal funding source; the total amount of block grant funds expended during the previous fiscal year, reported by federal funding source; the total amount for federal matching fund programs, including, but not limited to, Temporary Assistance for Needy Families and Child Care and Development Fund, of unobligated funds and unliquidated funds, both as of the close of the previous federal fiscal year; the amount of unliquidated funds that is in danger of being returned to the Federal Government at the end of the current federal fiscal year; and a detailed plan and timeline for spending any unobligated and unliquidated funds by the end of the current federal fiscal year. History. — s. 1, ch. 2003-146; s. 48, ch. 2004-5; s. 2, ch. 2008-143; s. 299, ch. 2011-142; s. 169, ch. 2014-19; s. 75, ch. 2019-3. 409.031 State agency for administering social service funds. The department is designated as the state agency responsible for the administration of social service funds under Title XX of the Social Security Act. History. — s. 1, ch. 78-433. 409.1415 Parenting partnerships for children in out-of-home care; resources. (1) LEGISLATIVE FINDINGS AND INTENT. — (a) The Legislature finds that reunification is the most common outcome for children in out-of-home care and that caregivers are one of the most important resources to help children reunify with their families. (b) The Legislature further finds that the most successful caregivers understand that their role goes beyond supporting the children in their care to supporting the children’s families, as a whole, and that children and their families benefit when caregivers and birth or legal parents are supported by an agency culture that encourages a meaningful partnership between them and provides quality support. (c) Therefore, in keeping with national trends, it is the intent of the Legislature to bring caregivers and birth or legal parents together in order to build strong relationships that lead to more successful reunifications and more stability for children being fostered in out-of-home care. (2) PARENTING PARTNERSHIPS. — (a) In order to ensure that children in out-of-home care achieve legal permanency as soon as possible, to reduce the likelihood that they will reenter care or that other children in the family are abused or neglected or enter out-of-home care, and to ensure that families are fully prepared to resume custody of their children, the department and community-based care lead agencies shall develop and support relationships between caregivers and birth or legal parents of children in out-of-home care, to the extent that it is safe and in the child’s best interest, by: 1. Facilitating telephone communication between the caregiver and the birth or legal parent as soon as possible after the child is placed in the home of the caregiver. 2. Facilitating and attending an in-person meeting between the caregiver and the birth or legal parent as soon as possible after the child is placed in the home of the caregiver. 3. Developing and supporting a plan for the birth or legal parent to participate in medical appointments, educational and extracurricular activities, and other events involving the child. 4. Facilitating participation by the caregiver in visitation between the birth or legal parent and the child. 5. Involving the caregiver in planning meetings with the birth or legal parent. 6. Developing and implementing effective transition plans for the child’s return home or placement in any other living environment. 7. Supporting continued contact between the caregiver and the child after the child returns home or moves to another permanent living arrangement. (b) To ensure that a child in out-of-home care receives support for healthy development which gives the child the best possible opportunity for success, caregivers, birth or legal parents, the department, and the community-based care lead agency shall work cooperatively in a respectful partnership by adhering to the following requirements: 1. All members of the partnership must interact and communicate professionally with one another, must share all relevant information promptly, and must respect the confidentiality of all information related to the child and his or her family. 2. The caregiver; the birth or legal parent; the child, if appropriate; the department; and the community-based care lead agency must participate in developing a case plan for the child and the birth or legal parent. All members of the team must work together to implement the case plan. The caregiver must have the opportunity to participate in all team meetings or court hearings related to the child’s care and future plans. The department and community-based care lead agency must support and facilitate caregiver participation through timely notification of such meetings and hearings and provide alternative methods for participation for a caregiver who cannot be physically present at a meeting or hearing. 3. A caregiver must strive to provide, and the department and community-based care lead agency must support, excellent parenting, which includes: a. A loving commitment to the child and the child’s safety and well-being. b. Appropriate supervision and positive methods of discipline. c. Encouragement of the child’s strengths. d. Respect for the child’s individuality and likes and dislikes. e. Providing opportunities to develop the child’s interests and skills. f. Being aware of the impact of trauma on behavior. g. Facilitating equal participation of the child in family life. h. Involving the child within his or her community. i. A commitment to enable the child to lead a normal life. 4. A child in out-of-home care must be placed with a caregiver who has the ability to care for the child, is willing to accept responsibility for providing care, and is willing and able to learn about and be respectful of the child’s culture, religion, and ethnicity; special physical or psychological needs; circumstances unique to the child; and family relationships. The department, the community-based care lead agency, and other agencies must provide a caregiver with all available information necessary to assist the caregiver in determining whether he or she is able to appropriately care for a particular child. 5. A caregiver must have access to and take advantage of all training that he or she needs to improve his or her skills in parenting a child who has experienced trauma due to neglect, abuse, or separation from home; to meet the child’s special needs; and to work effectively with child welfare agencies, the courts, the schools, and other community and governmental agencies. 6. The department and community-based care lead agency must provide a caregiver with the services and support they need to enable them to provide quality care for the child pursuant to subsection (3). 7. Once a caregiver accepts the responsibility of caring for a child, the child may be removed from the home of the caregiver only if: a. The caregiver is clearly unable to safely or legally care for the child; b. The child and the birth or legal parent are reunified; c. The child is being placed in a legally permanent home in accordance with a case plan or court order; or d. The removal is demonstrably in the best interests of the child. 8. If a child must leave the caregiver’s home for one of the reasons stated in subparagraph 7., and in the absence of an unforeseeable emergency, the transition must be accomplished according to a plan that involves cooperation and sharing of information among all persons involved, respects the child’s developmental stage and psychological needs, ensures the child has all of his or her belongings, allows for a gradual transition from the caregiver’s home, and, if possible, allows for continued contact with the caregiver after the child leaves. 9. When the case plan for a child includes reunification, the caregiver, the department, and the community-based care lead agency must work together to assist the birth or legal parent in improving his or her ability to care for and protect the child and to provide continuity for the child. 10. A caregiver must respect and support the child’s ties to his or her birth or legal family, including parents, siblings, and extended family members, and must assist the child in maintaining allowable visitation and other forms of communication. The department and community-based care lead agency must provide a caregiver with the information, guidance, training, and support necessary for fulfilling this responsibility. 11. A caregiver must work in partnership with the department and community-based care lead agency to obtain and maintain records that are important to the child’s well-being, including, but not limited to, child resource records, medical records, school records, photographs, and records of special events and achievements. 12. A caregiver must advocate for a child in his or her care with the child welfare system, the court, and community agencies, including schools, child care providers, health and mental health providers, and employers. The department and community-based care lead agency must support a caregiver in advocating for a child and may not retaliate against the caregiver as a result of this advocacy. 13. A caregiver must be as fully involved in the child’s medical, psychological, and dental care as he or she would be for his or her biological child. The department and community-based care lead agency must support and facilitate such participation. The caregiver, the department, and the community-based care lead agency must share information with each other about the child’s health and well-being. 14. A caregiver must support a child’s school success, including, when possible, maintaining school stability by participating in school activities and meetings. The department and community-based care lead agency must facilitate this participation and be informed of the child’s progress and needs. 15. A caregiver must ensure that a child in his or her care who is between 13 and 17 years of age learns and masters independent living skills. The department shall make available training for caregivers developed in collaboration with the Florida Foster and Adoptive Parent Association and the Quality Parenting Initiative on the life skills necessary for children in out-of-home care. 16. The case manager and case manager supervisor must mediate disagreements that occur between a caregiver and the birth or legal parent. (c) An employee of a residential group home must meet the background screening requirements under s. 39.0138 and the level 2 screening standards for screening under chapter 435. An employee of a residential group home who works directly with a child as a caregiver must meet, at a minimum, the same education and training requirements as caregivers in family foster homes licensed as level II under s. 409.175(5). (3) RESOURCES AND SUPPORT FOR CAREGIVERS. — (a) Foster parents. — The department shall establish the Foster Information Center to connect current and former foster parents, known as foster parent advocates, to prospective and current foster parents in order to provide information and services, including, but not limited to: 1. Navigating the application and approval process, including timelines for each; preparing for transitioning from approval for placement to accepting a child into the home; and learning about and connecting with any available resources in the prospective foster parent’s community. 2. Accessing available resources and services, including, but not limited to, those from the Florida Foster and Adoptive Parent Association, for any current foster parents who need additional assistance. 3. Providing information specific to a foster parent’s individual needs. 4. Providing immediate assistance when needed. (b) Kinship caregivers. — 1. A community-based care lead agency shall provide a caregiver with resources and supports that are available and discuss whether the caregiver meets any eligibility criteria for such resources and supports. If the caregiver is unable to access resources and supports beneficial to the well-being of the child, the community-based care lead agency or case management agency must assist the caregiver in initiating access to resources by: a. Providing referrals to kinship navigation services, if available. b. Assisting with linkages to community resources and completion of program applications. c. Scheduling appointments. d. Initiating contact with community service providers. 2. The community-based care lead agency shall provide each caregiver with a telephone number to call during normal business hours whenever immediate assistance is needed and the child’s caseworker is unavailable. The telephone number must be staffed and answered by individuals possessing the knowledge and authority necessary to assist caregivers. (4) RULEMAKING. — The department shall adopt rules necessary to administer this section. History. — s. 10, ch. 2020-138; s. 20, ch. 2021-170. 409.145 Care of children; “reasonable and prudent parent” standard. The child welfare system of the department shall operate as a coordinated community-based system of care which empowers all caregivers for children in foster care to provide quality parenting, including approving or disapproving a child’s participation in activities based on the caregiver’s assessment using the “reasonable and prudent parent” standard. (1) SYSTEM OF CARE. — The department shall develop, implement, and administer a coordinated community-based system of care for children who are found to be dependent and their families. This system of care must be directed toward the following goals: (a) Prevention of separation of children from their families. (b) Intervention to allow children to remain safely in their own homes. (c) Reunification of families who have had children removed from their care. (d) Safety for children who are separated from their families by providing alternative emergency or longer-term parenting arrangements. (e) Focus on the well-being of children through emphasis on maintaining educational stability and providing timely health care. (f) Permanency for children for whom reunification with their families is not possible or is not in the best interest of the child. (g) The transition to independence and self-sufficiency for older children who remain in foster care through adolescence. (2) REASONABLE AND PRUDENT PARENT STANDARD. — (a) Definitions. — As used in this subsection, the term: 1. “Age-appropriate” means an activity or item that is generally accepted as suitable for a child of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity which is typical for an age or age group. 2. “Caregiver” means a person with whom the child is placed in out-of-home care, or a designated official for a group care facility licensed by the department under s. 409.175. 3. “Reasonable and prudent parent” standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decisionmaking that is intended to maintain a child’s health, safety, and best interest while encouraging the child’s emotional and developmental growth. (b) Application of standard of care. — 1. Every child who comes into out-of-home care pursuant to this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities. 2. Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in out-of-home care to participate in extracurricular, enrichment, or social activities. When using the reasonable and prudent parent standard, the caregiver must consider: a. The child’s age, maturity, and developmental level to maintain the overall health and safety of the child. b. The potential risk factors and the appropriateness of the extracurricular, enrichment, or social activity. c. The best interest of the child, based on information known by the caregiver. d. The importance of encouraging the child’s emotional and developmental growth. e. The importance of providing the child with the most family-like living experience possible. f. The behavioral history of the child and the child’s ability to safely participate in the proposed activity. (c) Verification of services delivered. — The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities. (d) Limitation of liability. — A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard. This paragraph may not be interpreted as removing or limiting any existing liability protection afforded by law. (3) ROOM AND BOARD RATES. — (a) Effective July 1, 2026, room and board rates shall be paid to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement, and to relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., as follows: Monthly Room and Board Rate 0-5 Years Age 6-12 Years Age 13-21 Years Age $663.03 $680.01 $795.94 (b) Each January, foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., shall receive an annual cost of living increase. The department shall calculate the new room and board rate increase equal to the percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items, not seasonally adjusted, or successor reports, for the preceding December compared to the prior December as initially reported by the United States Department of Labor, Bureau of Labor Statistics. The department shall make available the adjusted room and board rates annually. (c) The amount of the monthly room and board rate may be increased upon agreement among the department, the community-based care lead agency, and the foster parent. (d) Effective July 1, 2022, community-based care lead agencies providing care under contract with the department shall pay a supplemental room and board payment to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., on a per-child basis, for providing independent life skills and normalcy supports to children who are 13 through 17 years of age placed in their care. The supplemental payment must be paid monthly in addition to the current monthly room and board rate payment. The supplemental monthly payment shall be based on 10 percent of the monthly room and board rate for children 13 through 21 years of age as provided under this section and adjusted annually. (4) CHILD CARE SUBSIDY. — Any foster parents and relative or nonrelative caregivers, regardless of whether the relative or nonrelative caregivers are licensed as a level I child-specific foster placement or participate in the Relative Caregiver Program, who have a child placed in out-of-home care in the home between the age of birth to school entry shall receive a payment of $200 per month per child to pay toward the cost of an early learning or child care program. (5) RULEMAKING. — The department shall adopt by rule procedures to administer this section. History. — s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 273, ch. 77-147; s. 1, ch. 77-457; s. 4, ch. 78-190; s. 5, ch. 78-433; s. 101, ch. 79-164; s. 1, ch. 80-174; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 83-250; s. 39, ch. 88-337; ss. 3, 4, ch. 93-115; ss. 46, 55, ch. 94-164; s. 42, ch. 97-103; s. 37, ch. 98-280; s. 77, ch. 2000-139; s. 49, ch. 2000-153; s. 1, ch. 2000-180; s. 9, ch. 2000-217; s. 49, ch. 2001-62; ss. 2, 9, ch. 2002-19; s. 991, ch. 2002-387; s. 7, ch. 2013-178; s. 3, ch. 2015-130; s. 20, ch. 2018-103; s. 76, ch. 2019-3; s. 11, ch. 2020-138; s. 2, ch. 2022-68; s. 8, ch. 2026-236. 409.1451 The Road-to-Independence Program. (1) LEGISLATIVE FINDINGS AND INTENT. — (a) The Legislature recognizes that most children and young adults are resilient and, with adequate support, can expect to be successful as independent adults. Not unlike many young adults, some young adults who have lived in foster care need additional support and resources for a period of time after reaching 18 years of age. (b) The Legislature finds that while it is important to provide young adults who have lived in foster care with education and independent living skills, there is also a need to focus more broadly on creating and preserving family relationships so that young adults have a permanent connection with at least one committed adult who provides a safe and stable parenting relationship. (c) It is the intent of the Legislature that young adults who choose to participate in the program receive the skills, education, and support necessary to become self-sufficient and leave foster care with a lifelong connection to a supportive adult through the Road-to-Independence Program, either through postsecondary education services and support, as provided in subsection (2), or aftercare services. (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT. — (a) A young adult is eligible for services and support under this subsection if he or she: 1. Was living in licensed care on his or her 18th birthday or is currently living in licensed care; or was at least 14 years of age and was adopted from foster care or placed with a court-approved dependency guardian after spending at least 6 months in licensed care within the 12 months immediately preceding such placement or adoption; 2. Spent at least 6 months in licensed care before reaching his or her 18th birthday; 3. Earned a standard high school diploma pursuant to s. 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent pursuant to s. 1003.435; 4. Has been admitted for enrollment as a full-time student or its equivalent in an eligible postsecondary educational institution as provided in s. 1009.533. For purposes of this section, the term “full-time” means 9 credit hours or the vocational school equivalent. A student may enroll part-time if he or she has a recognized disability or is faced with another challenge or circumstance that would prevent full-time attendance. A student needing to enroll part-time for any reason other than having a recognized disability must get approval from his or her academic advisor; 5. Has reached 18 years of age but is not yet 23 years of age; 6. Has applied, with assistance from the young adult’s caregiver and the community-based lead agency, for any other grants and scholarships for which he or she may qualify; 7. Submitted a Free Application for Federal Student Aid which is complete and error free; and 8. Signed an agreement to allow the department and the community-based care lead agency access to school records. (b) The amount of the financial assistance shall be as follows: 1. For a young adult who does not remain in foster care and is attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly. 2. For a young adult who remains in foster care, is attending a postsecondary school, as provided in s. 1009.533, and continues to reside in a licensed foster home, the amount is the established room and board rate for foster parents. This takes the place of the payment provided for in s. 409.145(3). 3. For a young adult who remains in foster care, but temporarily resides away from a licensed foster home for purposes of attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly. This takes the place of the payment provided for in s. 409.145(3). 4. For a young adult who remains in foster care, is attending a postsecondary school as provided in s. 1009.533, and continues to reside in a licensed group home, the amount is negotiated between the community-based care lead agency and the licensed group home provider. 5. For a young adult who remains in foster care, but temporarily resides away from a licensed group home for purposes of attending a postsecondary school as provided in s. 1009.533, the amount is $1,720 monthly. This takes the place of a negotiated room and board rate. 6. A young adult is eligible to receive financial assistance during the months when he or she is enrolled in a postsecondary educational institution. (c) Payment of financial assistance for a young adult who: 1. Has chosen not to remain in foster care and is attending a postsecondary school as provided in s. 1009.533, shall be made to the community-based care lead agency in order to secure housing and utilities, with the balance being paid directly to the young adult until such time the lead agency and the young adult determine that the young adult can successfully manage the full amount of the assistance. 2. Has remained in foster care under s. 39.6251 and who is attending postsecondary school as provided in s. 1009.533, shall be made directly to the foster parent or group home provider. 3. Community-based care lead agencies or other contracted providers are prohibited from charging a fee associated with administering the Road-to-Independence payments. (d) Before a young adult receives funding under this subsection, the department, or an agency under contract with the department, shall assess the young adult’s financial literacy and executive functioning, self-regulation, and similar skills that are important for successful independent living and the completion of postsecondary education. The assessment must be included as part of the transition plan required under s. 39.6035. Within a reasonable time after completing the assessment, the department, or an agency under contract with the department, must provide information and referrals for any voluntary services that are recommended by the assessment to the young adult to assist in strengthening any necessary skills. (e)1. The department must advertise the availability of the stipend and must provide notification of the criteria and application procedures for the stipend to children and young adults leaving, or who were formerly in, foster care; caregivers; case managers; guidance and family services counselors; principals or other relevant school administrators; and guardians ad litem. 2. If the award recipient transfers from one eligible institution to another and continues to meet eligibility requirements, the award shall be transferred with the recipient. 3. The department, or an agency under contract with the department, shall evaluate each Road-to-Independence award for renewal eligibility on an annual basis. In order to be eligible for a renewal award for the subsequent year, the young adult must: a. Be enrolled for or have completed the number of hours, or the equivalent, to be considered a full-time student under subparagraph (a)4., unless the young adult qualifies for an exception under subparagraph (a)4. b. Maintain standards of academic progress as defined by the education institution, except that if the young adult’s progress is insufficient to renew the award at any time during the eligibility period, the young adult may continue to be enrolled for additional terms while attempting to restore eligibility as long as progress towards the required level is maintained. 4. Funds may be terminated during the interim between an award and the evaluation for a renewal award if the department, or an agency under contract with the department, determines that the award recipient is no longer enrolled in an educational institution as described in subparagraph (a)4. or is no longer a resident of this state. 5. The department, or an agency under contract with the department, shall notify a recipient who is terminated and inform the recipient of his or her right to appeal. 6. An award recipient who does not qualify for a renewal award or who chooses not to renew the award may apply for reinstatement. An application for reinstatement must be made before the young adult reaches 23 years of age. In order to be eligible for reinstatement, the young adult must meet the eligibility criteria and the criteria for award renewal for the program. 7. The department, or an agency under contract with the department, shall work with the young adult to create a financial plan that is guided by the young adult’s financial goals in meeting his or her needs while in postsecondary education. The financial plan must be included in the transition plan required under s. 39.6035. The department, or an agency under contract with the department, shall review and, if necessary, update the financial plan with the young adult every 6 months until funding under this subsection is no longer provided. 8. The department, or an agency under contract with the department, shall review with the young adult the transition plan required under s. 39.6035 during the year before the young adult graduates from postsecondary education or the year before the young adult reaches 23 years of age, whichever occurs first. The transition plan must include an assessment of the young adult’s current and future needs and challenges for self-sufficiency and address, at a minimum, how the young adult will meet his or her financial needs and obligations when funding under this subsection is no longer provided. (3) AFTERCARE SERVICES. — (a)1. Aftercare services are available to a young adult who has reached 18 years of age but is not yet 23 years of age and is: a. Not in foster care. b. Temporarily not receiving financial assistance under subsection (2) to pursue postsecondary education. 2. Subject to available funding, aftercare services are also available to a young adult who is between the ages of 18 and 22, and is: a. Receiving financial assistance under subsection (2), is experiencing an emergency situation, requires services as specified in subparagraph (b)8., and whose resources are insufficient to meet the emergency situation. Such assistance shall be in addition to any amount specified in paragraph (2)(b); or b. Was placed by a court in out-of-home care pursuant to chapter 39, lived in out-of-home care for at least 6 months after turning 14 years of age, and did not achieve reunification with his or her parent or guardian. (b) Aftercare services include, but are not limited to, the following: 1. Mentoring and tutoring. 2. Mental health services and substance abuse counseling. 3. Life skills classes, including credit management and preventive health activities. 4. Parenting classes. 5. Job and career skills training. 6. Counselor consultations. 7. Temporary financial assistance for necessities, including, but not limited to, education supplies, transportation expenses, security deposits for rent and utilities, furnishings, household goods, and other basic living expenses. 8. Temporary financial assistance to address emergency situations, including, but not limited to, automobile repairs or large medical expenses. 9. Financial literacy skills training under s. 39.6035(1)(c). The specific services to be provided under this paragraph shall be determined by an assessment of the young adult and may be provided by the community-based care provider or through referrals in the community. (c) Temporary assistance provided to prevent homelessness shall be provided as expeditiously as possible and within the limitations defined by the department. (4) APPEALS PROCESS. — (a) The department shall have a procedure by which a young adult may appeal the department’s refusal to provide Road-to-Independence Program services or support, or the termination of such services or support if funds for such services or support are available. (b) The appeal procedure must be readily accessible to young adults, must provide for timely decisions, and must provide for an appeal to the department. The decision of the department constitutes final agency action and is reviewable by the court as provided in s. 120.68. (5) DEPARTMENT RESPONSIBILITIES. — (a) The services provided under this section are portable across county lines and between community-based care lead agencies. 1. The service needs that are identified in the original or updated transition plan under s. 39.6035 must be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that initiated the transition plan. 2. The lead agency with primary case management responsibilities shall provide maintenance payments, case planning, including a written description of all services that will assist a child 16 years of age or older in preparing for the transition from care to independence, as well as regular case reviews that conform with all federal scheduling and content requirements, for all children in foster care who are placed or visiting out-of-state. (b) Each community-based care lead agency shall at least annually attempt to contact each young adult who has aged out of foster care, who is potentially eligible for continuing care under s. 39.6251 or for the services available under this section, and who is not participating in any of these services. Through this contact, the lead agency shall communicate the continued availability of these programs and the services of the Office of Continuing Care established under s. 414.56. The lead agency shall also inquire into the young adult’s needs and refer him or her to other programs that may be of assistance. (c) Each community-based care lead agency must offer services for intensive independent living development for young adults who have aged out of foster care and have the greatest deficits in life skills. (6) ACCOUNTABILITY. — The department shall develop outcome measures for the program and other performance measures in order to maintain oversight of the program. No later than January 31 of each year, the department shall prepare a report on the outcome measures and the department’s oversight activities and submit the report to the President of the Senate, the Speaker of the House of Representatives, and the committees with jurisdiction over issues relating to children and families in the Senate and the House of Representatives. The report must include: (a) An analysis of performance on the outcome measures developed under this section reported for each community-based care lead agency and compared with the performance of the department on the same measures. (b) A description of the department’s oversight of the program, including, by lead agency, any programmatic or fiscal deficiencies found, corrective actions required, and current status of compliance. (c) Any rules adopted or proposed under this section since the last report. For the purposes of the first report, any rules adopted or proposed under this section must be included. (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL. — The secretary shall establish the Independent Living Services Advisory Council for the purpose of reviewing and making recommendations concerning the implementation and operation of s. 39.6251 and the Road-to-Independence Program. (a) The advisory council shall assess the implementation and operation of the Road-to-Independence Program and advise the department on actions that would improve the ability of the Road-to-Independence Program services to meet the established goals. The advisory council shall keep the department informed of problems being experienced with the services, barriers to the effective and efficient integration of services and support across systems, and successes that the system of services has achieved. The department shall consider, but is not required to implement, the recommendations of the advisory council. (b)1. The advisory council shall report to the secretary on the status of the implementation of the Road-to-Independence Program, efforts to publicize the availability of the Road-to-Independence Program, the success of the services under the program, problems identified with the program, and recommendations for department or legislative action. 2. The department shall submit a report by December 31 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives which includes the recommendations of the advisory council and the department’s response. The report must also include the most recent data regarding the status of and outcomes for young adults who turned 18 years of age while in foster care, relating to education, employment, housing, financial, transportation, health and well-being, and connections, and an analysis of such data and outcomes. (c) Members of the advisory council shall be appointed by the secretary of the department. The membership of the advisory council must include, at a minimum, young adults who receive services and funding through the Road-to-Independence Program, representatives from the headquarters and regional offices of the department, community-based care lead agencies, the Department of Juvenile Justice, the Department of Commerce, the Department of Education, the Agency for Health Care Administration, the State Youth Advisory Board, CareerSource Florida, Inc., the Statewide Guardian ad Litem Office, foster parents, and advocates for children in care. The secretary shall determine the length of the term to be served by each member appointed to the advisory council, which may not exceed 4 years. (d) The advisory council may consult with children currently in care and young adults who aged out of care regarding their needs, preferences, and concerns related to preparation for, transition to, and support during independent living. (e) The department shall provide administrative support to the advisory council to accomplish its assigned tasks. The advisory council shall be afforded access to all appropriate data from the department, each community-based care lead agency, and other relevant agencies in order to accomplish the tasks set forth in this section. The data collected may not include any information that would identify a specific child or young adult. (8) PERSONAL PROPERTY. — Property acquired on behalf of a young adult in this program shall become the personal property of the young adult and is not subject to the requirements of chapter 273 relating to state-owned tangible personal property. Such property continues to be subject to applicable federal laws. (9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING SERVICES. — Financial awards to young adults receiving services under subsections (2) and (3) and s. 39.6251 may be disregarded for purposes of determining the eligibility for, or the amount of, any other federal or federally supported assistance for which the department is required to determine eligibility for the program. (10) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE. — The department or community-based care lead agency shall document that eligible young adults are enrolled in Medicaid under s. 409.903(4). (11) FUNDING DURING EMERGENCY. — Notwithstanding the eligibility criteria in subsections (2) and (3), the department may distribute federal funds to all young adults deemed eligible by the funding source in the event of a state or national emergency. (12) RULEMAKING. — The department shall adopt rules to administer this section. History. — s. 3, ch. 2002-19; s. 44, ch. 2003-1; s. 6, ch. 2003-146; s. 1, ch. 2004-362; s. 3, ch. 2005-179; ss. 11, 17, ch. 2006-194; s. 2, ch. 2007-147; s. 1, ch. 2008-122; s. 118, ch. 2010-102; s. 4, ch. 2010-158; s. 300, ch. 2011-142; s. 4, ch. 2013-21; s. 39, ch. 2013-35; s. 8, ch. 2013-178; s. 100, ch. 2014-17; s. 4, ch. 2014-39; s. 25, ch. 2014-184; s. 47, ch. 2015-2; s. 15, ch. 2015-98; s. 5, ch. 2017-8; s. 7, ch. 2018-102; s. 13, ch. 2019-142; s. 17, ch. 2020-138; s. 16, ch. 2021-169; s. 6, ch. 2022-67; s. 5, ch. 2022-68; s. 136, ch. 2024-6; s. 1, ch. 2024-112; s. 14, ch. 2024-177. 409.14515 Independent living preparation. The department shall assist children who are in foster care in making the transition to independent living and self-sufficiency as adults. To support opportunities for participation in age-appropriate life skills activities, the department shall: (1) Identify important life skills that children in out-of-home care should acquire. (2) Develop a list of age-appropriate activities and responsibilities useful for the development of specific life skills for use by children and their caregivers. The age-appropriate activities must address specific topics tailored to the needs of each child’s developmental stage. For older youth, the list of age-appropriate activities must include, but is not limited to, informing the youth of available independent living services and community resources and how to apply for such services. (3) Design and disseminate training for caregivers related to building needed life skills. The training must include components that address the challenges of children in foster care in transitioning to adulthood and information on programs for children who are aging out of care under ss. 414.56 and 409.1451, high school completion, applications for financial assistance for higher education, vocational school opportunities, supporting education, and employment opportunities. (4) Beginning after the child’s 13th birthday, regularly assess the degree of life skills acquisition by each child. The department shall share the results of the assessments with the caregiver and support the caregiver in creating, implementing, monitoring, and revising plans as necessary to address the child’s life skills deficits, if any. (5) Provide opportunities for children in foster care to interact with qualified, trained mentors who are committed to engaging reliably with the child long-term. (6) Develop and implement procedures for children of sufficient age and understanding to directly access and manage the personal allowance they receive from the department. History. — s. 17, ch. 2021-169. 409.1452 Collaboration with State University System, Florida College System, and Department of Education to assist children and young adults who have been or are in foster care or are experiencing homelessness; documentation regarding eligibility for tuition and fee exemptions; housing assistance. The department shall collaborate with the State University System, the Florida College System, and the Department of Education to address the need for a comprehensive support structure in the academic arena to assist children and young adults who have been or remain in the foster care system in making the transition from a structured care system into an independent living setting. (1)(a) Each school district program, Florida College System institution, or state university at which a student is exempt from the payment of tuition and fees under s. 1009.25 must have, at a minimum, a knowledgeable, accessible, and responsive employee who acts as a liaison and provides assistance to those students who are exempt from the payment of tuition and fees to assist in resolving any problems related to such exemption. The liaisons shall provide such students with on-campus support and must be employees of the program, institution, or university. The name and contact information of the liaison must be: 1. Provided to each student who is exempt from the payment of tuition and fees and who is attending that program, institution, or university. 2. Published on the website of the program, institution, or university. 3. Provided to the department and each community-based care lead agency. (b) Each school district program, Florida College System institution, and state university must maintain the original documentation submitted by the student regarding his or her eligibility for the tuition and fee exemption under s. 1009.25 and may not make additional requests for such documentation. (2) A school district program, Florida College System institution, or state university may also provide campus coaching services and other support to a student who is exempt from the payment of tuition and fees under s. 1009.25 to promote his or her successful completion of postsecondary education and transition to independent living. (3) The Chancellors of the Division of Career and Adult Education, the Florida College System, and the State University System shall report annually to the department specific data, subject to privacy laws, about the students served by the campus liaisons, including academic progress, retention rates for students enrolled in the program, financial aid requested and received, and information required by the National Youth in Transition Database. (4) Each Florida College System institution and state university shall, in consultation with the State Office on Homelessness within the Department of Children and Families, develop plans for prioritizing the placement of students who are or were formerly in foster care and those experiencing homelessness or at risk of experiencing homelessness, including, but not limited to, students eligible for a tuition and fee exemption under s. 1009.25(1)(c)1.-4. or (e), in residence halls and dormitory residences owned by the institution or university. The Office of Continuing Care established under s. 414.56 is responsible for determining whether a student is or was formerly in foster care. Each Florida College System institution and state university is responsible for determining whether a student is eligible for a tuition or fee exemption under s. 1009.25(1)(e). (5) If a Florida College System institution or state university implements a priority system for the assignment of students to or the award of any of the following, the institution or university must provide students eligible for the tuition and fee exemption under s. 1009.25(1)(c)1.-4. or (e) with first priority: (a) Institution-operated or university-operated housing. (b) Year-round housing. (c) Work-study opportunities. (6) Florida College System institutions and state universities may not require students to have a cosigner or guarantor to obtain housing if the student receives housing support under s. 409.1451(2) or (3) or is in care under s. 39.6251. History. — s. 11, ch. 2013-178; s. 2, ch. 2022-65; s. 7, ch. 2022-67; s. 1, ch. 2025-196. 409.14525 Housing support for young adults; federal housing vouchers. The department, community-based care lead agencies, and housing authorities created under s. 421.04 shall take any action required by the United States Department of Housing and Urban Development to administer the federal Foster Youth to Independence (FYI) initiative and other federal programs and vouchers offered by the United States Department of Housing and Urban Development, which may include the department, the community-based care lead agencies, and their subcontractors doing any of the following: (1) Entering into a memorandum of understanding or a letter of intent with all of the housing authorities within their service areas. (2) Providing or securing supportive services for participating youth for the duration of the FYI initiative voucher. (3) Providing a written certification to the housing authority verifying the youth’s child welfare history. (4) Identifying youth eligible for an FYI initiative voucher within the community-based care lead agency’s caseload and communicating their eligibility to the youth. The department, community-based care lead agencies, and their subcontracted service providers that administer housing funds for young adults in the child welfare system shall document actions taken to facilitate a young adult’s acquisition of a residential lease, which may include, but are not limited to, providing assurances to a landlord that funding will be provided on a monthly basis through a housing voucher. This section applies to entities that serve young adults receiving postsecondary educational services and support or aftercare services under s. 409.1451 or young adults receiving continuing care under s. 39.6251. History. — s. 2, ch. 2025-196. 409.1454 Motor vehicle insurance and driver licenses for children in care and certified unaccompanied homeless youth. (1) The Legislature finds that the costs of driver education, licensure and costs incidental to licensure, and motor vehicle insurance for a child in out-of-home care or certain unaccompanied homeless youth certified under s. 743.067 after such child obtains a driver license create an additional barrier to engaging in normal age-appropriate activities and gaining independence and may limit opportunities for obtaining employment and completing educational goals. The Legislature also finds that the completion of an approved driver education course is necessary to develop safe driving skills. (2) To the extent that funding is available, the department shall establish a program to pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance for a child who has completed a driver education program and who is: (a) In out-of-home care; or (b) Certified under s. 743.067 as an unaccompanied homeless youth and who is a citizen of the United States or legal resident of this state. (3) If a caregiver, or an individual or not-for-profit entity approved by the caregiver, adds a child to his or her existing insurance policy, the amount paid to the caregiver or approved purchaser may not exceed the increase in cost attributable to the addition of the child to the policy. (4) Payment must be made to eligible recipients in the order of eligibility until available funds are exhausted. If a child determined to be eligible reaches permanency status or turns 18 years of age, the program may pay for that child to complete a driver education program and obtain a driver license for up to 6 months after the date the child reaches permanency status or 6 months after the date the child turns 18 years of age. A child may be eligible to have the costs of and incidental to licensure paid if he or she demonstrates that such costs are creating barriers to obtaining employment or completing educational goals, if the child meets any of the following criteria: (a) Is continuing in care under s. 39.6251; (b) Is currently receiving postsecondary education services and support under s. 409.1451(2); or (c) Is an unaccompanied homeless youth certified under s. 743.067 who is a citizen of the United States or legal resident of thi