Florida SB 1438: Inland Protection

Bill Text

1438 
Agency for Health Care Administration 
2026-01-08T07:14:54Z 
Requiring the Agency for Health Care Administration to require certain background screening for certain persons; providing eligibility requirements for admission to a medically complex children’s home; providing for the denial, suspension, and revocation of a license; requiring the agency, by a specified date, to review and determine eligibility for specified criminal history checks, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1438 

 By Senator Harrell 

 31-01451A-26 20261438__ 
 1 A bill to be entitled 
 2 An act relating to the Agency for Health Care 
 3 Administration; creating part XII of ch. 400, F.S., 
 4 entitled “Medically Complex Children’s Homes”; 
 5 creating s. 400.9991, F.S.; providing legislative 
 6 intent; creating s. 400.9992, F.S.; defining the terms 
 7 “agency” and “medically complex children’s home”; 
 8 creating s. 400.9993, F.S.; providing licensure 
 9 requirements; providing an exception; creating s. 
 10 400.9994, F.S.; providing application requirements; 
 11 requiring the Agency for Health Care Administration to 
 12 require certain background screening for certain 
 13 persons; requiring that a medically complex children’s 
 14 home be accessible at reasonable times for certain 
 15 persons; providing for provisional and conditional 
 16 licensure; requiring the agency to conduct inspections 
 17 at a specified frequency; creating s. 400.9995, F.S.; 
 18 authorizing the agency to adopt certain rules; 
 19 creating s. 400.9996, F.S.; providing eligibility 
 20 requirements for admission to a medically complex 
 21 children’s home; creating s. 400.9997, F.S.; providing 
 22 uniform firesafety standards, emergency preparedness 
 23 requirements, and construction standards; creating s. 
 24 400.9998, F.S.; providing for the denial, suspension, 
 25 and revocation of a license; providing for 
 26 administrative fines; specifying classification of 
 27 fines; amending s. 435.12, F.S.; requiring the agency, 
 28 by a specified date, to review and determine 
 29 eligibility for specified criminal history checks; 
 30 requiring the Care Provider Background Screening 
 31 Clearinghouse to share eligibility determinations with 
 32 specified agencies; amending ss. 400.051, 408.802, 
 33 408.820, and 408.823, F.S.; conforming provisions to 
 34 changes made by the act; providing an effective date. 
 35 
 36 Be It Enacted by the Legislature of the State of Florida: 
 37 
 38 Section 1. Part XII of chapter 400, Florida Statutes, 
 39 consisting of ss. 400.9991-400.9998, is created and entitled 
 40 “Medically Complex Children’s Homes.” 
 41 Section 2. Section 400.9991, Florida Statutes, is created 
 42 to read: 
 43 400.9991 Legislative intent.—It is the intent of the 
 44 Legislature to develop, establish, and enforce licensure 
 45 requirements and basic standards for medically complex 
 46 children’s homes in order to ensure that the homes are family 
 47 centered and that the medical, developmental, physiological, 
 48 nutritional, and psychosocial needs of medically complex 
 49 children residing in such homes are met. Medically complex 
 50 children’s homes shall serve as a safe home-like setting with 
 51 clinical oversight for children with complex medical needs as an 
 52 alternative to institutional care. This setting is intended to 
 53 meet the needs of children and families in this state, offering 
 54 smaller homes geographically close to parents and guardians to 
 55 maintain family connections for the medically complex children 
 56 served. Medically complex children’s homes are not intended to 
 57 serve children whose parents and guardians live outside of this 
 58 state, as out-of-state residency does not support family 
 59 involvement with the child. 
 60 Section 3. Section 400.9992, Florida Statutes, is created 
 61 to read: 
 62 400.9992 Definitions.—As used in this part, the term: 
 63 (1) “Agency” means the Agency for Health Care 
 64 Administration. 
 65 (2) “Medically complex children’s home” means any 
 66 residential home that undertakes, through its ownership or 
 67 management, to provide residential services for up to six 
 68 children who are medically dependent or technologically 
 69 dependent upon medical equipment or procedures and who are not 
 70 related to the owner or operator of the home by blood, marriage, 
 71 or adoption. A medically complex children’s home serves 
 72 medically dependent or technologically dependent children as 
 73 defined in s. 400.902(6). 
 74 Section 4. Section 400.9993, Florida Statutes, is created 
 75 to read: 
 76 400.9993 Licensure required; exemptions.— 
 77 (1) The requirements of part II of chapter 408 apply to the 
 78 provision of services that require licensure pursuant to this 
 79 part and part II of chapter 408 and to entities licensed by or 
 80 applying for such licensure from t