THE BILL ITSELF
HB 279
Luggage for Children Placed in Out-of-home Care
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A bill to be entitled
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An act relating to luggage for children placed in out-
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of-home care; providing a short title; creating s.
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39.4011, F.S.; providing legislative findings and
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intent; providing construction; providing definitions;
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requiring the Department of Children and Families to
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provide certain children with a piece of luggage for
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certain purposes; providing department requirements;
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requiring the department to submit a specified annual
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report to the Legislature; providing sources of
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funding for the distribution of pieces of luggage;
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requiring the department's direct-support organization
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to receive and use funding for certain purposes;
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amending ss. 39.401 and 39.4085, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Fostering with
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Dignity Act."
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Section 2. Section 39.4011, Florida Statutes, is created
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to read:
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39.4011 Luggage for children placed in out-of-home care.—
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(1)(a) The Legislature finds that children being placed in
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out-of-home care often transport their personal belongings in
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trash bags, which intensifies emotional distress for the child
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and reinforces his or her feelings of disposability.
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Accordingly, the Legislature intends that every child in this
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state being placed in out-of-home care be provided with a
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suitable reusable bag, suitcase, or backpack in order to promote
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dignity, emotional well-being, and stability during the child's
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transition.
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(b) This section must be construed to advance the dignity,
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emotional well-being, and stability of children being placed in
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out-of-home care. This section may not be construed to limit or
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impede existing rights, services, or protections afforded to
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children in out-of-home care under federal or state law.
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(2) As used in this section, the term:
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(a) "Community-based care lead agency" has the same
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meaning as in s. 409.986(3).
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(b) "Luggage" means a suitcase, duffel bag, backpack, or
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other similar container or bag with handles that is made of
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durable material and designed for multiple uses including
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holding a person's personal belongings.
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(c) "Public-private partnership" means a partnership
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between the department and a private entity, the purpose of
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which is to finance, build, and operate projects that serve a
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public purpose.
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(3) Upon taking a child into its custody pursuant to s.
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39.401, the department must provide each child entering out-of-
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home care with a suitable piece of luggage for the storage and
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transport of his or her personal belongings.
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(4) The department shall do all of the following:
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(a) Establish and maintain a decentralized supply of
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luggage to be used to transport a child's personal belongings.
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(b) Develop procedures for the storage and distribution of
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luggage.
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(c) Collaborate with community-based care lead agencies,
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advocacy groups, business partners, or entities in a public-
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private partnership with the department to coordinate logistics
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and the distribution of pieces of luggage.
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(d) Pursue strategic partnerships to ensure that each
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child entering out-of-home care receives a piece of luggage to
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store and transport the child's personal belongings. The
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department may solicit and accept gifts, grants, and donations
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of any kind and from any source for purposes of this section.
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(e) Provide a piece of luggage to a child who is being
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removed from the child's home or changing placements. The piece
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of luggage provided to a child under this section belongs to the
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child and may not be reclaimed by the department or retained by
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the person with whom the child is placed. The department is not
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required to provide a new piece of luggage to a child who is
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changing placements and has the piece of luggage that was
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previously provided by the department.
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(f) Maintain a record of each time a trash bag is used to
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move a child's personal belongings. The record must include the
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reason the department did not provide the child with an
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appropriate piece of luggage to move the child's personal
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belongings.
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(g) Submit to the Legislature an annual report that
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includes the following information:
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1. The number of times a trash bag was used to transport a
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child's personal belongings and the reason the department did
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not provide the child with an appropriate piece of luggage.
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2. The department's luggage supply inventory and its
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management practices for the supply of luggage maintained by the
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department.
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(5) Funding for the distribution of pieces of luggage to
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children entering out-of-home care may come from any of the
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following:
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(a) Federal funds, including federal Title IV-E
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assistance.
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(b) Matching grant program agreements with or donations
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from community and business entities.
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(c) Public-private partnerships.
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(6) Pursuant to s. 402.57(5)(a), the department's direct-
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support organization shall collect the funding received under
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subsection (5) and use such funding to help administer this
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section.
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Section 3. Subsection (4) of section 39.401, Florida
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Statutes, is amended to read:
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39.401 Taking a child alleged to be dependent into
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custody; law enforcement officers and authorized agents of the
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department.—
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(4) When a child is taken into custody pursuant to this
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section, the department shall:
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(a) Request that the child's parent, caregiver, or legal
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custodian disclose the names, relationships, and addresses of
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all parents and prospective parents and all next of kin of the
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child, so far as are known.
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(b) Provide each child entering out-of-home care with a
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piece of luggage, as defined in s. 39.4011, for the storage and
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transport of his or her personal belongings. Section 4. Paragraph (c) of subsection (1) of section
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39.4085, Florida Statutes, is amended to read:
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39.4085 Goals for dependent children; responsibilities;
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education; Office of the Children's Ombudsman.—
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(1) The Legislature finds that the design and delivery of
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child welfare services should be directed by the principle that
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the health and safety of children, including the freedom from
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abuse, abandonment, or neglect, is of paramount concern and,
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therefore, establishes the following goals for children in
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shelter or foster care:
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(c) To have their privacy protected;, have their personal
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belongings secure and transported with them in a manner that
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promotes their dignity, emotional well-being, and stability,
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including the provision of at least one piece of luggage when
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they are placed in out-of-home care;, and, unless otherwise
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ordered by the court, have uncensored communication, including
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receiving and sending unopened communications and having access
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to a telephone.
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This subsection establishes goals and not rights. This
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subsection does not require the delivery of any particular
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service or level of service in excess of existing
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appropriations. A person does not have a cause of action against
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the state or any of its subdivisions, agencies, contractors,
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subcontractors, or agents, based upon the adoption of or failure
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to provide adequate funding for the achievement of these goals
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by the Legislature. This subsection does not require the
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expenditure of funds to meet the goals established in this
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subsection except those funds specifically appropriated for such
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purpose.
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Section 5. This act shall take effect July 1, 2026.