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A bill to be entitled 1
An act relating to dependent children; amending s. 2
39.001, F.S.; revising the purposes of chapter 39; 3
requiring the Statewide Guardian ad Litem Office and 4
circuit guardian ad litem offices to participate in 5
the development of a certain state plan; conformi ng a 6
provision to changes made by the act; amending s. 7
39.00145, F.S.; authorizing a child's attorney ad 8
litem to inspect certain records; amending s. 9
39.00146, F.S.; conforming provisions to changes made 10
by the act; amending s. 39.0016, F.S.; requiring a 11
child's guardian ad litem be included in the 12
coordination of certain educational services; amending 13
s. 39.01, F.S.; providing and revising definitions; 14
amending s. 39.013, F.S.; requiring the court to 15
appoint a guardian ad litem for a child at the 16
earliest possible time; authorizing the court to 17
appoint an attorney ad litem for a child after it 18
makes certain determinations; amending s. 39.01305, 19
F.S.; revising provisions relating to the appointment 20
of an attorney for certain children; revising 21
legislative findings; authorizing the court to appoint 22
an attorney ad litem for a child after making certain 23
determinations; providing requirements for the 24
appointment and discharge of an attorney ad litem; 25
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conforming provisions to changes made by the act; 26
providing applicability; amending s. 39.0132, F.S.; 27
authorizing a child's attorney ad litem to inspect 28
certain records; amending s. 39.0136, F.S.; revising 29
the parties who may request a continuance in a 30
proceeding; amending s. 39.0139, F.S.; conforming 31
provisions to changes made by the act; amending s. 32
39.202, F.S.; requiring that certain confidential 33
records be released to the guardian ad litem and 34
attorney ad litem; conforming a cross -reference; 35
amending s. 39.402, F.S.; requiring parents to consent 36
to provide certain information to the guardian ad 37
litem and attorney ad litem; conforming provisions to 38
changes made by the act; amending s. 39.4022, F.S.; 39
revising the participants who must be invited to a 40
multidisciplinary team staffing; amending s. 39.4023, 41
F.S.; requiring notice of a multidisciplinary team 42
staffing be provided to a child's guardian ad litem 43
and attorney ad litem; conforming provisions to 44
changes made by the act; amending s. 39.407, F.S.; 45
conforming provisions to changes made by the act; 46
amending s. 39.4085, F.S.; providing a goal of 47
permanency; conforming provisions to changes made by 48
the act; amending s. 39.522, F.S.; conforming 49
provisions to changes made by the act; amending s. 50
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39.6012, F.S.; requiring a case plan to include 51
written descriptions of cer tain activities; conforming 52
a cross-reference; creating s. 39.6036, F.S.; 53
providing legislative findings and intent; requiring 54
the Statewide Guardian ad Litem Office to work with 55
certain children to identify a supportive adult to 56
enter into a specified agr eement; requiring such 57
agreement be documented in the child's court file; 58
requiring the office to coordinate with the Office of 59
Continuing Care for a specified purpose; amending s. 60
39.621, F.S.; conforming provisions to changes made by 61
the act; amending s. 39.6241, F.S.; requiring a 62
guardian ad litem to advise the court regarding 63
certain information and to ensure a certain agreement 64
has been documented in the child's court file; 65
amending s. 39.701, F.S.; requiring certain notice be 66
given to an attorney ad l item; requiring a court to 67
give a guardian ad litem an opportunity to address the 68
court in certain proceedings; requiring the court to 69
inquire and determine if a child has a certain 70
agreement documented in his or her court file at a 71
specified hearing; conf orming provisions to changes 72
made by the act; amending s. 39.801, F.S.; conforming 73
provisions to changes made by the act; amending s. 74
39.807, F.S.; requiring a court to appoint a guardian 75
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ad litem to represent the child; revising a guardian 76
ad litem's responsibilities and authorities; deleting 77
provisions relating to bonds and service of pleadings 78
or papers; amending s. 39.808, F.S.; conforming 79
provisions to changes made by the act; amending s. 80
39.815, F.S.; conforming provisions to changes made by 81
the act; repealing s. 39.820, F.S., relating to 82
definitions of the terms "guardian ad litem" and 83
"guardian advocate"; amending s. 39.821, F.S.; 84
conforming provisions to changes made by the act; 85
amending s. 39.822, F.S.; providing that a guardian ad 86
litem is a fiduciary and must provide independent 87
representation to a child; revising responsibilities 88
of a guardian ad litem; requiring that guardians ad 89
litem have certain access to the children the 90
guardians ad litem represent; providing actions that a 91
guardian ad litem does or does not have to fulfill; 92
amending s. 39.827, F.S.; authorizing a child's 93
guardian ad litem and attorney ad litem to inspect 94
certain records; amending s. 39.8296, F.S.; revising 95
the duties and appointment of the executive director 96
of the Statewide Guardian ad Litem Office; requiring 97
the training program for guardians ad litem to be 98
updated regularly; requiring the office to provide 99
oversight and technical assistance to attorneys ad 100
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litem; specifying certain requirements of the office; 101
amending s. 39.8297, F.S.; conforming provisions to 102
changes made by the act; amending s. 39.8298, F.S.; 103
authorizing the executive director of the Statewide 104
Guardian ad Litem Office to create or designate local 105
direct-support organizations; providing 106
responsibilities for the executive director of the 107
office; requiring that certain moneys be held in a 108
separate depository account; conforming provisions to 109
changes made by the act; creating s. 1009.898, F.S.; 110
authorizing the Pathway to Prosperity program to 111
provide certain grants to youth and young adults who 112
are aging out of foster care; requiring grants to 113
extend for a certain period of time after a recipient 114
is reunited with his or her parents; amending ss. 115
39.302, 39.521, 119.071, 322.09, 394.495, 627.746, 116
768.28, 934.255, and 960.065, F.S.; conforming cross -117
references; providing a directive to the Division of 118
Law Revision; providing an effective date; 119
120
Be It Enacted by the Legislature of the State of Florida: 121
122
Section 1. Paragraph (j) of subsection (1) and paragr aph 123
(a) of subsection (10) of section 39.001, Florida Statutes, are 124
amended to read: 125
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39.001 Purposes and intent; personnel standards and 126
screening.— 127
(1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 128
(j) To ensure that, when reunification or adoption is not 129
possible, the child will be prepared for alternative permanency 130
goals or placements, to include, but not be limited to, long -131
term foster care, independent living, custody to a relative on a 132
permanent basis with or without legal guardianship , or custody 133
to a foster parent or legal custodian on a permanent basis with 134
or without legal guardianship. Permanency for a child who is 135
transitioning from foster care to independent living includes 136
naturally occurring, lifelong, kin -like connections betw een the 137
child and a supportive adult. 138
(10) PLAN FOR COMPREHENSIVE APPROACH. — 139
(a) The office shall develop a state plan for the 140
promotion of adoption, support of adoptive families, and 141
prevention of abuse, abandonment, and neglect of children. The 142
Department of Children and Families, the Department of 143
Corrections, the Department of Education, the Department of 144
Health, the Department of Juvenile Justice, the Department of 145
Law Enforcement, the Statewide Guardian ad Litem Office, and the 146
Agency for Persons with Disabilities shall participate and fully 147
cooperate in the development of the state plan at both the state 148
and local levels. Furthermore, appropriate local agencies and 149
organizations shall be provided an opportunity to participate in 150
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the development of the state plan at the local level. 151
Appropriate local groups and organizations shall include, but 152
not be limited to, community mental health centers; circuit 153
guardian ad litem offices programs for children under the 154
circuit court; the school boards of the local school districts; 155
the Florida local advocacy councils; community -based care lead 156
agencies; private or public organizations or programs with 157
recognized expertise in working with child abuse prevention 158
programs for children and families; private or pub lic 159
organizations or programs with recognized expertise in working 160
with children who are sexually abused, physically abused, 161
emotionally abused, abandoned, or neglected and with expertise 162
in working with the families of such children; private or public 163
programs or organizations with expertise in maternal and infant 164
health care; multidisciplinary Child Protection Teams; child day 165
care centers; law enforcement agencies; and the circuit courts , 166
when guardian ad litem programs are not available in the local 167
area. The state plan to be provided to the Legislature and the 168
Governor shall include, as a minimum, the information required 169
of the various groups in paragraph (b). 170
Section 2. Subsection (2) of section 39.00145, Florida 171
Statutes, is amended to read: 172
39.00145 Records concerning children. — 173
(2) Notwithstanding any other provision of this chapter, 174
all records in a child's case record must be made available for 175
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inspection, upon request, to the child who is the subject of the 176
case record and to the child's caregiver, guardian ad litem, or 177
attorney ad litem, if one is appointed . 178
(a) A complete and accurate copy of any record in a 179
child's case record must be provided, upon request and at no 180
cost, to the child who is the subject of the case record and to 181
the child's caregiver, guardian ad litem, or attorney ad litem, 182
if one is appointed. 183
(b) The department shall release the information in a 184
manner and setting that are appropriate to the age and maturity 185
of the child and the nature of the information being re leased, 186
which may include the release of information in a therapeutic 187
setting, if appropriate. This paragraph does not deny the child 188
access to his or her records. 189
(c) If a child or the child's caregiver, guardian ad 190
litem, or attorney ad litem, if one is appointed, requests 191
access to the child's case record, any person or entity that 192
fails to provide any record in the case record under assertion 193
of a claim of exemption from the public records requirements of 194
chapter 119, or fails to provide access within a reasonable 195
time, is subject to sanctions and penalties under s. 119.10. 196
(d) For the purposes of this subsection, the term 197
"caregiver" is limited to parents, legal custodians, permanent 198
guardians, or foster parents; employees of a residential home, 199
institution, facility, or agency at which the child resides; and 200
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other individuals legally responsible for a child's welfare in a 201
residential setting. 202
Section 3. Paragraph (a) of subsection (2) of section 203
39.00146, Florida Statutes, is amended to read: 204
39.00146 Case record face sheet. — 205
(2) The case record of every child under the supervision 206
or in the custody of the department or the department's 207
authorized agents, including community -based care lead agencies 208
and their subcontracted providers, must include a face sheet 209
containing relevant information about the child and his or her 210
case, including at least all of the following: 211
(a) General case information, including, but not limited 212
to, all of the following : 213
1. The child's name and date of birth .; 214
2. The current county of residence and the county of 215
residence at the time of the referral.; 216
3. The reason for the referral and any family safety 217
concerns.; 218
4. The personal identifying information of the parents or 219
legal custodians who had custody of the child at the time of the 220
referral, including name, date of birth, and co unty of 221
residence.; 222
5. The date of removal from the home .; and 223
6. The name and contact information of the attorney or 224
attorneys assigned to the case in all capacities, including the 225
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attorney or attorneys that represent the department and the 226
parents, and the guardian ad litem , if one has been appointed . 227
Section 4. Paragraph (b) of subsection (2) of section 228
39.0016, Florida Statutes, is amended to read: 229
39.0016 Education of abused, neglected, and abandoned 230
children; agency agreements; children havi ng or suspected of 231
having a disability. — 232
(2) AGENCY AGREEMENTS. — 233
(b) The department shall enter into agreements with 234
district school boards or other local educational entities 235
regarding education and related services for children known to 236
the department who are of school age and children known to the 237
department who are younger than school age but who would 238
otherwise qualify for services from the district school board. 239
Such agreements must shall include, but are not limited to: 240
1. A requirement that th e department shall: 241
a. Ensure that children known to the department are 242
enrolled in school or in the best educational setting that meets 243
the needs of the child. The agreement must shall provide for 244
continuing the enrollment of a child known to the depart ment at 245
the school of origin when possible if it is in the best interest 246
of the child, with the goal of minimal disruption of education. 247
b. Notify the school and school district in which a child 248
known to the department is enrolled of the name and phone n umber 249
of the child known to the department caregiver and caseworker 250
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for child safety purposes. 251
c. Establish a protocol for the department to share 252
information about a child known to the department with the 253
school district, consistent with the Family Educ ational Rights 254
and Privacy Act, since the sharing of information will assist 255
each agency in obtaining education and related services for the 256
benefit of the child. The protocol must require the district 257
school boards or other local educational entities to a ccess the 258
department's Florida Safe Families Network to obtain information 259
about children known to the department, consistent with the 260
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 261
1232g. 262
d. Notify the school district of the department' s case 263
planning for a child known to the department, both at the time 264
of plan development and plan review. Within the plan development 265
or review process, the school district may provide information 266
regarding the child known to the department if the school 267
district deems it desirable and appropriate. 268
e. Show no prejudice against a caregiver who desires to 269
educate at home a child placed in his or her home through the 270
child welfare system. 271
2. A requirement that the district school board shall: 272
a. Provide the department with a general listing of the 273
services and information available from the district school 274
board to facilitate educational access for a child known to the 275
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department. 276
b. Identify all educational and other services provided by 277
the school and school district which the school district 278
believes are reasonably necessary to meet the educational needs 279
of a child known to the department. 280
c. Determine whether transportation is available for a 281
child known to the department when such transportation will 282
avoid a change in school assignment due to a change in 283
residential placement. Recognizing that continued enrollment in 284
the same school throughout the time the child known to the 285
department is in out -of-home care is preferable unless 286
enrollment in the same school would be unsafe or otherwise 287
impractical, the department, the district school board, and the 288
Department of Education shall assess the availability of 289
federal, charitable, or grant funding for such transportation. 290
d. Provide individualized stu dent intervention or an 291
individual educational plan when a determination has been made 292
through legally appropriate criteria that intervention services 293
are required. The intervention or individual educational plan 294
must include strategies to enable the child known to the 295
department to maximize the attainment of educational goals. 296
3. A requirement that the department and the district 297
school board shall cooperate in accessing the services and 298
supports needed for a child known to the department who has or 299
is suspected of having a disability to receive an appropriate 300
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education consistent with the Individuals with Disabilities 301
Education Act and state implementing laws, rules, and 302
assurances. Coordination of services for a child known to the 303
department who has or is suspected of having a disability may 304
include: 305
a. Referral for screening. 306
b. Sharing of evaluations between the school district and 307
the department where appropriate. 308
c. Provision of education and related services appropriate 309
for the needs and abilities of the child known to the 310
department. 311
d. Coordination of services and plans between the school 312
and the residential setting to avoid duplication or conflicting 313
service plans. 314
e. Appointment of a surrogate parent, consistent with the 315
Individuals with Disabilities Education Act and pursuant to 316
subsection (3), for educational purposes for a child known to 317
the department who qualifies. 318
f. For each child known to the department 14 years of age 319
and older, transition planning by the department and a ll 320
providers, including the department's independent living program 321
staff and the guardian ad litem of the child , to meet the 322
requirements of the local school district for educational 323
purposes. 324
Section 5. Subsections (8) through (30) and (31) through 325
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(87) of section 39.01, Florida Statutes, are renumbered as 326
subsections (9) through (31) and (34) through (90), 327
respectively, present subsections (9), (36), and (58) are 328
amended, and new subsections (8), (32), and (33) are added to 329
that section, to read: 330
39.01 Definitions.—When used in this chapter, unless the 331
context otherwise requires: 332
(8) "Attorney ad litem" means an attorney appointed by the 333
court to represent a child in a dependency case who has an 334
attorney-client relationship with the child under th e rules 335
regulating The Florida Bar. 336
(10)(9) "Caregiver" means the parent, legal custodian, 337
permanent guardian, adult household member, or other person 338
responsible for a child's welfare as defined in subsection 339
(57)(54). 340
(32) "Guardian ad litem" means a person or entity that is 341
a fiduciary appointed by the court to represent a child in any 342
civil, criminal, or administrative proceeding to which the child 343
is a party, including, but not limited to, under this chapter, 344
which uses a best interest standard for decisionmaking and 345
advocacy. For purposes of this chapter, the term includes, but 346
is not limited to, the Statewide Guardian ad Litem Office, which 347
includes all circuit guardian ad litem offices and the duly 348
certified volunteers, staff, and attorneys assig ned by the 349
Statewide Guardian ad Litem Office to represent children; a 350
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court-appointed attorney; or a responsible adult who is 351
appointed by the court. A guardian ad litem is a party to the 352
judicial proceeding as a representative of the child and serves 353
until the jurisdiction of the court over the child terminates or 354
until excused by the court. 355
(33) "Guardian advocate" means a person appointed by the 356
court to act on behalf of a drug -dependent newborn under part XI 357
of this chapter. 358
(39)(36) "Institutional child abuse or neglect" means 359
situations of known or suspected child abuse or neglect in which 360
the person allegedly perpetrating the child abuse or neglect is 361
an employee of a public or private school, public or private day 362
care center, residential home, institution, facility, or agency 363
or any other person at such institution responsible for the 364
child's welfare as defined in subsection (57)(54). 365
(61)(58) "Party" means the parent or parents of the child, 366
the petitioner, the department, the guardian ad lit em or the 367
representative of the guardian ad litem program when the program 368
has been appointed, and the child. The presence of the child may 369
be excused by order of the court when presence would not be in 370
the child's best interest. Notice to the child may be excused by 371
order of the court when the age, capacity, or other condition of 372
the child is such that the notice would be meaningless or 373
detrimental to the child. 374
Section 6. Subsection (11) of section 39.013, Florida 375
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Statutes, is amended and subsection (13) is added to that 376
section, to read: 377
39.013 Procedures and jurisdiction; right to counsel ; 378
guardian ad litem and attorney ad litem .— 379
(11) The court shall appoint a guardian ad litem at the 380
earliest possible time to represent a child throughout the 381
proceedings, including any appeals encourage the Statewide 382
Guardian Ad Litem Office to provide greater representation to 383
those children who are within 1 year of transferring out of 384
foster care. 385
(13) The court may appoint an attorney ad litem for a 386
child if the court believes the child is in need of such 387
representation and determines that the child has a rational and 388
factual understanding of the proceedings and sufficient present 389
ability to consult with an attorney with a reasonable degree of 390
rational understanding. 391
Section 7. Section 39.01305, Florida Statutes, is amended 392
to read: 393
39.01305 Appointment of an attorney ad litem for a 394
dependent child with certain special needs .— 395
(1)(a) The Legislature finds that : 396
1. all children in proceedings under t his chapter have 397
important interests at stake, such as health, safety, and well -398
being and the need to obtain permanency. While such children are 399
represented by the Statewide Guardian ad Litem Office using a 400
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best interest standard of decisionmaking and advo cacy, some 401
children may also need representation by an attorney ad litem in 402
proceedings under this chapter. 403
(2) The court may appoint an attorney ad litem for a child 404
if the court believes the child is in need of such 405
representation and determines that t he child has a rational and 406
factual understanding of the proceedings and sufficient present 407
ability to consult with an attorney with a reasonable degree of 408
rational understanding. 409
2. A dependent child who has certain special needs has a 410
particular need for an attorney to represent the dependent child 411
in proceedings under this chapter, as well as in fair hearings 412
and appellate proceedings, so that the attorney may address the 413
child's medical and related needs and the services and supports 414
necessary for the child to live successfully in the community. 415
(b) The Legislature recognizes the existence of 416
organizations that provide attorney representation to children 417
in certain jurisdictions throughout the state. Further, the 418
statewide Guardian Ad Litem Program p rovides best interest 419
representation for dependent children in every jurisdiction in 420
accordance with state and federal law. The Legislature, 421
therefore, does not intend that funding provided for 422
representation under this section supplant proven and existing 423
organizations representing children. Instead, the Legislature 424
intends that funding provided for representation under this 425
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section be an additional resource for the representation of more 426
children in these jurisdictions, to the extent necessary to meet 427
the requirements of this chapter, with the cooperation of 428
existing local organizations or through the expansion of those 429
organizations. The Legislature encourages the expansion of pro 430
bono representation for children. This section is not intended 431
to limit the ability of a pro bono attorney to appear on behalf 432
of a child. 433
(2) As used in this section, the term "dependent child" 434
means a child who is subject to any proceeding under this 435
chapter. The term does not require that a child be adjudicated 436
dependent for purposes of this section. 437
(3) An attorney shall be appointed for a dependent child 438
who: 439
(a) Resides in a skilled nursing facility or is being 440
considered for placement in a skilled nursing home; 441
(b) Is prescribed a psychotropic medication but decline s 442
assent to the psychotropic medication; 443
(c) Has a diagnosis of a developmental disability as 444
defined in s. 393.063; 445
(d) Is being placed in a residential treatment center or 446
being considered for placement in a residential treatment 447
center; or 448
(e) Is a victim of human trafficking as defined in s. 449
787.06(2)(d). 450
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(3)(a)(4)(a) Before a court may appoint an attorney ad 451
litem, who may be compensated pursuant to this section, the 452
court must request a recommendation from the Statewide Guardian 453
ad Litem Office for an attorney who is willing to represent a 454
child without additional compensation. If such an attorney is 455
available within 15 days after the court's request, the court 456
must appoint that attorney. However, the court may appoint a 457
compensated attorney wi thin the 15-day period if the Statewide 458
Guardian ad Litem Office informs the court that the office is 459
unable it will not be able to recommend an attorney within that 460
time period. 461
(b) A court order appointing After an attorney ad litem 462
under this section must be in writing. is appointed, the 463
appointment continues in effect until the attorney is allowed to 464
withdraw or is discharged by The court must discharge or until 465
the case is dismissed. an attorney ad litem who is appointed 466
under this section if the need for such representation is 467
resolved to represent the child shall provide the complete range 468
of legal services, from the removal from home or from the 469
initial appointment through all available appellate proceedings . 470
With the permission of the court, the a ttorney ad litem for the 471
dependent child may arrange for supplemental or separate counsel 472
to represent the child in appellate proceedings. A court order 473
appointing an attorney under this section must be in writing. 474
(4)(5) Unless the attorney ad litem has agreed to provide 475
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pro bono services, an appointed attorney ad litem or 476
organization must be adequately compensated. All appointed 477
attorneys ad litem and organizations, including pro bono 478
attorneys, must be provided with access to funding for expert 479
witnesses, depositions, and other due process costs of 480
litigation. Payment of attorney fees and case -related due 481
process costs are subject to appropriations and review by the 482
Justice Administrative Commission for reasonableness. The 483
Justice Administrative Commis sion shall contract with attorneys 484
ad litem appointed by the court. Attorney fees may not exceed 485
$1,000 per child per year. 486
(6) The department shall develop procedures to identify a 487
dependent child who has a special need specified under 488
subsection (3) and to request that a court appoint an attorney 489
for the child. 490
(7) The department may adopt rules to administer this 491
section. 492
(8) This section does not limit the authority of the court 493
to appoint an attorney for a dependent child in a proceeding 494
under this chapter. 495
(5)(9) Implementation of this section is subject to 496
appropriations expressly made for that purpose. 497
Section 8. The amendments made by this act to s. 39.01305, 498
Florida Statutes, apply only to attorney ad litem appointments 499
made on or after July 1, 2023. 500
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Section 9. Subsection (3) of section 39.0132, Florida 501
Statutes, is amended to read: 502
39.0132 Oaths, records, and confidential information. — 503
(3) The clerk shall keep all court records required by 504
this chapter separate from other reco rds of the circuit court. 505
All court records required by this chapter may shall not be open 506
to inspection by the public. All records may shall be inspected 507
only upon order of the court by persons deemed by the court to 508
have a proper interest therein, except that, subject to the 509
provisions of s. 63.162, a child, and the parents of the child 510
and their attorneys, the guardian ad litem, criminal conflict 511
and civil regional counsels, law enforcement agencies, and the 512
department and its designees , and the attorney ad litem, if one 513
is appointed, shall always have the right to inspect and copy 514
any official record pertaining to the child. The Justice 515
Administrative Commission may inspect court dockets required by 516
this chapter as necessary to audit compensation of cour t-517
appointed attorneys ad litem. If the docket is insufficient for 518
purposes of the audit, the commission may petition the court for 519
additional documentation as necessary and appropriate. The court 520
may permit authorized representatives of recognized 521
organizations compiling statistics for proper purposes to 522
inspect and make abstracts from official records, under whatever 523
conditions upon their use and disposition the court may deem 524
proper, and may punish by contempt proceedings any violation of 525
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those conditions. 526
Section 10. Paragraph (a) of subsection (3) of section 527
39.0136, Florida Statutes, is amended to read: 528
39.0136 Time limitations; continuances. — 529
(3) The time limitations in this chapter do not include: 530
(a) Periods of delay resulting from a contin uance granted 531
at the request of the child's counsel , or the child's guardian 532
ad litem, or attorney ad litem, if one is appointed , if the 533
child is of sufficient capacity to express reasonable consent, 534
at the request or with the consent of the child . The court must 535
consider the best interests of the child when determining 536
periods of delay under this section. 537
Section 11. Paragraphs (a) and (b) of subsection (4) of 538
section 39.0139, Florida Statutes, are amended to read: 539
39.0139 Visitation or other contact ; restrictions.— 540
(4) HEARINGS.—A person who meets any of the criteria set 541
forth in paragraph (3)(a) who seeks to begin or resume contact 542
with the child victim shall have the right to an evidentiary 543
hearing to determine whether contact is appropriate. 544
(a) Before Prior to the hearing, the court shall appoint 545
an attorney ad litem or a guardian ad litem for the child if one 546
has not already been appointed. The guardian ad litem and Any 547
attorney ad litem, if one is or guardian ad litem appointed, 548
must shall have special training in the dynamics of child sexual 549
abuse. 550
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(b) At the hearing, the court may receive and rely upon 551
any relevant and material evidence submitted to the extent of 552
its probative value, including written and oral reports or 553
recommendations from the Child Protection Team, the child's 554
therapist, the child's guardian ad litem, or the child's 555
attorney ad litem, if one is appointed, even if these reports, 556
recommendations, and evidence may not be admissible under the 557
rules of evidence. 558
Section 12. Paragraphs (d) and (t) of subsection (2) of 559
section 39.202, Florida Statutes, are amended to read: 560
39.202 Confidentiality of reports and records in cases of 561
child abuse or neglect; exception. — 562
(2) Except as provided in subsection (4), access to suc h 563
records, excluding the name of, or other identifying information 564
with respect to, the reporter which may only shall be released 565
only as provided in subsection (5), may only shall be granted 566
only to the following persons, officials, and agencies: 567
(d) The parent or legal custodian of any child who is 568
alleged to have been abused, abandoned, or neglected ; the child; 569
the guardian ad litem; the attorney ad litem, if one is 570
appointed; or, and the child, and their attorneys, including any 571
attorney representing a child in civil or criminal proceedings. 572
This access must shall be made available no later than 60 days 573
after the department receives the initial report of abuse, 574
neglect, or abandonment. However, any information otherwise made 575
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confidential or exempt by l aw may shall not be released pursuant 576
to this paragraph. 577
(t) Persons with whom the department is seeking to place 578
the child or to whom placement has been granted, including 579
foster parents for whom an approved home study has been 580
conducted, the designee of a licensed child -caring agency as 581
defined in s. 39.01 s. 39.01(41), an approved relative or 582
nonrelative with whom a child is placed pursuant to s. 39.402, 583
preadoptive parents for whom a favorable preliminary adoptive 584
home study has been conducted, adoptive parents, or an adoption 585
entity acting on behalf of prea doptive or adoptive parents. 586
Section 13. Paragraphs (b) and (c) of subsection (11) and 587
paragraph (a) of subsection (14) of section 39.402, Florida 588
Statutes, are amended to read: 589
39.402 Placement in a shelter. — 590
(11) 591
(b) The court shall request that the parents consent to 592
provide access to the child's medical records and provide 593
information to the court, the department or its contract 594
agencies, and the any guardian ad litem and or attorney ad 595
litem, if one is appointe d, for the child. If a parent is 596
unavailable or unable to consent or withholds consent and the 597
court determines access to the records and information is 598
necessary to provide services to the child, the court shall 599
issue an order granting access. The court m ay also order the 600
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parents to provide all known medical information to the 601
department and to any others granted access under this 602
subsection. 603
(c) The court shall request that the parents consent to 604
provide access to the child's child care records, early 605
education program records, or other educational records and 606
provide information to the court, the department or its contract 607
agencies, and the any guardian ad litem and or attorney ad 608
litem, if one is appointed, for the child. If a parent is 609
unavailable or unable to consent or withholds consent and the 610
court determines access to the records and information is 611
necessary to provide services to the child, the court shall 612
issue an order granting access. 613
(14) The time limitations in this section do not include: 614
(a) Periods of delay resulting from a continuance granted 615
at the request or with the consent of the child's counsel or the 616
child's guardian ad litem or attorney ad litem , if one is has 617
been appointed by the court , or, if the child is of sufficient 618
capacity to express reasonable consent, at the request or with 619
the consent of the child's attorney or the child's guardian ad 620
litem, if one has been appointed by the court, and the child . 621
Section 14. Paragraphs (a) and (b) of subsection (4) of 622
section 39.4022, Florida Statutes, are amended to read: 623
39.4022 Multidisciplinary teams; staffings; assessments; 624
report.— 625
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(4) PARTICIPANTS.— 626
(a) Collaboration among diverse individuals who are part 627
of the child's network is necessary to make the most informed 628
decisions possible for the child. A diverse team is preferable 629
to ensure that the necessary combination of technical skills, 630
cultural knowledge, community resources, and personal 631
relationships is developed and maintained for the child and 632
family. The particip ants necessary to achieve an appropriately 633
diverse team for a child may vary by child and may include 634
extended family, friends, neighbors, coaches, clergy, coworkers, 635
or others the family identifies as potential sources of support. 636
1. Each multidisciplin ary team staffing must invite the 637
following members: 638
a. The child, unless he or she is not of an age or 639
capacity to participate in the team , and the child's guardian ad 640
litem; 641
b. The child's family members and other individuals 642
identified by the family as being important to the child, 643
provided that a parent who has a no contact order or injunction, 644
is alleged to have sexually abused the child, or is subject to a 645
termination of parental rights may not participate; 646
c. The current caregiver, provided the caregiver is not a 647
parent who meets the criteria of one of the exceptions under 648
sub-subparagraph b.; 649
d. A representative from the department other than the 650
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Children's Legal Services attorney, when the department is 651
directly involved in the goal identifi ed by the staffing; 652
e. A representative from the community -based care lead 653
agency, when the lead agency is directly involved in the goal 654
identified by the staffing; 655
f. The case manager for the child, or his or her case 656
manager supervisor; and 657
g. A representative from the Department of Juvenile 658
Justice, if the child is dually involved with both the 659
department and the Department of Juvenile Justice. 660
2. The multidisciplinary team must make reasonable efforts 661
to have all mandatory invitees attend. Howev er, the 662
multidisciplinary team staffing may not be delayed if the 663
invitees in subparagraph 1. fail to attend after being provided 664
reasonable opportunities. 665
(b) Based on the particular goal the multidisciplinary 666
team staffing identifies as the purpose of convening the 667
staffing as provided under subsection (5), the department or 668
lead agency may also invite to the meeting other professionals, 669
including, but not limited to: 670
1. A representative from Children's Medical Services; 671
2. A guardian ad litem, if o ne is appointed; 672
2.3. A school personnel representative who has direct 673
contact with the child; 674
3.4. A therapist or other behavioral health professional, 675
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if applicable; 676
4.5. A mental health professional with expertise in 677
sibling bonding, if the depart ment or lead agency deems such 678
expert is necessary; or 679
5.6. Other community providers of services to the child or 680
stakeholders, when applicable. 681
Section 15. Paragraph (d) of subsection (3) and paragraph 682
(c) of subsection (4) of section 39.4023, Flori da Statutes, are 683
amended to read: 684
39.4023 Placement and education transitions; transition 685
plans.— 686
(3) PLACEMENT TRANSITIONS. — 687
(d) Transition planning. — 688
1. If the supportive services provided pursuant to 689
paragraph (c) have not been successful to mak e the maintenance 690
of the placement suitable or if there are other circumstances 691
that require the child to be moved, the department or the 692
community-based care lead agency must convene a 693
multidisciplinary team staffing as required under s. 39.4022 694
before the child's placement is changed, or within 72 hours of 695
moving the child in an emergency situation, for the purpose of 696
developing an appropriate transition plan. 697
2. A placement change may occur immediately in an 698
emergency situation without convening a multidisciplinary team 699
staffing. However, a multidisciplinary team staffing must be 700
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held within 72 hours after the emergency situation arises. 701
3. The department or the community-based care lead agency 702
must provide written notice of the planned move at least 14 days 703
before the move or within 72 hours after an emergency situation, 704
to the greatest extent possible and consistent with the child's 705
needs and preferences. T he notice must include the reason a 706
placement change is necessary. A copy of the notice must be 707
filed with the court and be provided to all of the following : 708
a. The child, unless he or she, due to age or capacity, is 709
unable to comprehend the written noti ce, which will necessitate 710
the department or lead agency to provide notice in an age -711
appropriate and capacity -appropriate alternative manner .; 712
b. The child's parents, unless prohibited by court order .; 713
c. The child's out-of-home caregiver.; 714
d. The guardian ad litem., if one is appointed; 715
e. The attorney ad litem for the child, if one is 716
appointed.; and 717
f. The attorney for the department. 718
4. The transition plan must be developed through 719
cooperation among the persons included in subparagraph 3., a nd 720
such persons must share any relevant information necessary for 721
its development. Subject to the child's needs and preferences, 722
the transition plan must meet the requirements of s. 723
409.1415(2)(b)8. and exclude any placement changes that occur 724
between 7 p.m. and 8 a.m. 725
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5. The department or the community -based care lead agency 726
shall file the transition plan with the court within 48 hours 727
after the creation of such plan and provide a copy of the plan 728
to the persons included in subparagraph 3. 729
(4) EDUCATION TRANSITIONS.— 730
(c) Minimizing school changes. — 731
1. Every effort must be made to keep a child in the school 732
of origin if it is in the child's best interest. Any placement 733
decision must include thoughtful consideration of which school a 734
child will attend if a school change is necessary. 735
2. Members of a multidisciplinary team staffing convened 736
for a purpose other than a school change must determine the 737
child's best interest regarding remaining in the school or 738
program of origin if the child's educational options are 739
affected by any other decision being made by the 740
multidisciplinary team. 741
3. The determination of whether it is in the child's best 742
interest to remain in the school of origin, and if not, of which 743
school the child will attend in the future, m ust be made in 744
consultation with the following individuals, including, but not 745
limited to, the child; the parents; the caregiver; the child 746
welfare professional; the guardian ad litem , if appointed; the 747
educational surrogate, if appointed; child care and e ducational 748
staff, including teachers and guidance counselors; and the 749
school district representative or foster care liaison. A 750
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multidisciplinary team member may contact any of these 751
individuals in advance of a multidisciplinary team staffing to 752
obtain his or her recommendation. An individual may remotely 753
attend the multidisciplinary team staffing if one of the 754
identified goals is related to determining an educational 755
placement. The multidisciplinary team may rely on a report from 756
the child's current school or program district and, if 757
applicable, any other school district being considered for the 758
educational placement if the required school personnel are not 759
available to attend the multidisciplinary team staffing in 760
person or remotely. 761
4. The multidisciplin ary team and the individuals listed 762
in subparagraph 3. must consider, at a minimum, all of the 763
following factors when determining whether remaining in the 764
school or program of origin is in the child's best interest or, 765
if not, when selecting a new school o r program: 766
a. The child's desire to remain in the school or program 767
of origin. 768
b. The preference of the child's parents or legal 769
guardians. 770
c. Whether the child has siblings, close friends, or 771
mentors at the school or program of origin. 772
d. The child's cultural and community connections in the 773
school or program of origin. 774
e. Whether the child is suspected of having a disability 775
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under the Individuals with Disabilities Education Act (IDEA) or 776
s. 504 of the Rehabilitation Act of 1973, or has begun rec eiving 777
interventions under this state's multitiered system of supports. 778
f. Whether the child has an evaluation pending for special 779
education and related services under IDEA or s. 504 of the 780
Rehabilitation Act of 1973. 781
g. Whether the child is a student with a disability under 782
IDEA who is receiving special education and related services or 783
a student with a disability under s. 504 of the Rehabilitation 784
Act of 1973 who is receiving accommodations and services and, if 785
so, whether those required services are available in a school or 786
program other than the school or program of origin. 787
h. Whether the child is an English Language Learner 788
student and is receiving language services and, if so, whether 789
those required services are available in a school or program 790
other than the school or program of origin. 791
i. The impact a change to the school or program of origin 792
would have on academic credits and progress toward promotion. 793
j. The availability of extracurricular activities 794
important to the child. 795
k. The child's known individualized educational plan or 796
other medical and behavioral health needs and whether such plan 797
or needs are able to be met at a school or program other than 798
the school or program of origin. 799
l. The child's permanency goal and timeframe for ach ieving 800
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permanency. 801
m. The child's history of school transfers and how such 802
transfers have impacted the child academically, emotionally, and 803
behaviorally. 804
n. The length of the commute to the school or program from 805
the child's home or placement and how such commute would impact 806
the child. 807
o. The length of time the child has attended the school or 808
program of origin. 809
5. The cost of transportation cannot be a factor in making 810
a best interest determination. 811
Section 16. Paragraph (f) of subsection (3) of section 812
39.407, Florida Statutes, is amended to read: 813
39.407 Medical, psychiatric, and psychological examination 814
and treatment of child; physical, mental, or substance abuse 815
examination of person with or requesting child custody. — 816
(3) 817
(f)1. The department shall fully inform the court of the 818
child's medical and behavioral status as part of the social 819
services report prepared for each judicial review hearing held 820
for a child for whom psychotropic medication has been prescribed 821
or provided under this subsection. As a part of the information 822
provided to the court, the department shall furnish copies of 823
all pertinent medical records concerning the child which have 824
been generated since the previous hearing. On its own motion or 825
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on good cause shown by any party, including the any guardian ad 826
litem, attorney, or attorney ad litem , if one is who has been 827
appointed to represent the child or the child's interests , the 828
court may review the status more frequently than required in 829
this subsection. 830
2. The court may, in the best interests of the child, 831
order the department to obtain a medical opinion addressing 832
whether the continued use of the medication under the 833
circumstances is safe and medically appropriate. 834
Section 17. Paragraphs (m), (t), and (u) of subs ection (1) 835
of section 39.4085, Florida Statutes, are amended to read: 836
39.4085 Goals for dependent children; responsibilities; 837
education.— 838
(1) The Legislature finds that the design and delivery of 839
child welfare services should be directed by the princip le that 840
the health and safety of children, including the freedom from 841
abuse, abandonment, or neglect, is of paramount concern and, 842
therefore, establishes the following goals for children in 843
shelter or foster care: 844
(m) To receive meaningful case managemen t and planning 845
that will quickly return the child to his or her family or move 846
the child on to other forms of permanency. For a child who is 847
transitioning from foster care to independent living, permanency 848
includes establishing naturally occurring, lifelon g, kin-like 849
connections between the child and a supportive adult. 850
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(t) To have a guardian ad litem appointed to represent, 851
within reason, their best interests and, if appropriate, an 852
attorney ad litem appointed to represent their legal interests ; 853
the guardian ad litem and attorney ad litem , if one is 854
appointed, shall have immediate and unlimited access to the 855
children they represent. 856
(u) To have all their records available for review by 857
their guardian ad litem and attorney ad litem , if one is 858
appointed, if they deem such review necessary. 859
860
This subsection establishes goals and not rights. This 861
subsection does not require the delivery of any particular 862
service or level of service in excess of existing 863
appropriations. A person does not have a cause of actio n against 864
the state or any of its subdivisions, agencies, contractors, 865
subcontractors, or agents, based upon the adoption of or failure 866
to provide adequate funding for the achievement of these goals 867
by the Legislature. This subsection does not require the 868
expenditure of funds to meet the goals established in this 869
subsection except those funds specifically appropriated for such 870
purpose. 871
Section 18. Paragraph (c) of subsection (3) of section 872
39.522, Florida Statutes, is amended to read: 873
39.522 Postdisposition change of custody. — 874
(3) 875
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(c)1. The department or community -based care lead agency 876
must notify a current caregiver who has been in the physical 877
custody placement for at least 9 consecutive months and who 878
meets all the established criteria in paragr aph (b) of an intent 879
to change the physical custody of the child, and a 880
multidisciplinary team staffing must be held in accordance with 881
ss. 39.4022 and 39.4023 at least 21 days before the intended 882
date for the child's change in physical custody, unless the re is 883
an emergency situation as defined in s. 39.4022(2)(b). If there 884
is not a unanimous consensus decision reached by the 885
multidisciplinary team, the department's official position must 886
be provided to the parties within the designated time period as 887
provided for in s. 39.4022. 888
2. A caregiver who objects to the department's official 889
position on the change in physical custody must notify the court 890
and the department or community -based care lead agency of his or 891
her objection and the intent to request an ev identiary hearing 892
in writing in accordance with this section within 5 days after 893
receiving notice of the department's official position provided 894
under subparagraph 1. The transition of the child to the new 895
caregiver may not begin before the expiration of t he 5-day 896
period within which the current caregiver may object. 897
3. Upon the department or community -based care lead agency 898
receiving written notice of the caregiver's objection, the 899
change to the child's physical custody must be placed in 900
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abeyance and the child may not be transitioned to a new physical 901
placement without a court order, unless there is an emergency 902
situation as defined in s. 39.4022(2)(b). 903
4. Within 7 days after receiving written notice from the 904
caregiver, the court must conduct an initial case status 905
hearing, at which time the court must do all of the following : 906
a. Grant party status to the current caregiver who is 907
seeking permanent custody and has maintained physical custody of 908
that child for at least 9 continuous months for the limited 909
purpose of filing a motion for a hearing on the objection and 910
presenting evidence pursuant to this subsection .; 911
b. Appoint an attorney for the child who is the subject of 912
the permanent custody proceeding, in addition to the guardian ad 913
litem, if one is appointed; 914
b.c. Advise the caregiver of his or her right to retain 915
counsel for purposes of the evidentiary hearing .; and 916
c.d. Appoint a court-selected neutral and independent 917
licensed professional with expertise in the science and research 918
of child-parent bonding. 919
Section 19. Paragraph (c) of subsection (1) and paragraph 920
(c) of subsection (3) of section 39.6012, Florida Statutes, are 921
amended to read: 922
39.6012 Case plan tasks; services. — 923
(1) The services to be provided to the parent and the 924
tasks that must be completed are subject to the following: 925
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) If there is evidence of harm as defined in s. 926
39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 927
required task for the parent whose actions caused the harm that 928
the parent submit to a su bstance abuse disorder assessment or 929
evaluation and participate and comply with treatment and 930
services identified in the assessment or evaluation as being 931
necessary. 932
(3) In addition to any other requirement, if the child is 933
in an out-of-home placement, the case plan must include: 934
(c) When appropriate, for a child who is 13 years of age 935
or older, a written description of the programs and services 936
that will help the child prepare for the transition from foster 937
care to independent living. The written description must include 938
age-appropriate activities for the child's development of 939
relationships, coping skills, and emotional well -being. 940
Section 20. Section 39.6036, Florida Statutes, is created 941
to read: 942
39.6036 Supportive adults for children transition ing out 943
of foster care.— 944
(1) The Legislature finds that a committed, caring adult 945
provides a lifeline for a child transitioning out of foster care 946
to live independently. Accordingly, it is the intent of the 947
Legislature that the Statewide Guardian ad Lite m Office help 948
children connect with supportive adults with the hope of 949
creating an ongoing relationship that lasts into adulthood. 950
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(2) The Statewide Guardian ad Litem Office shall work with 951
a child who is transitioning out of foster care to identify at 952
least one supportive adult with whom the child can enter into a 953
formal agreement for an ongoing relationship and document such 954
agreement in the child's court file. If the child cannot 955
identify a supportive adult, the Statewide Guardian ad Litem 956
Office shall work in coordination with the Office of Continuing 957
Care to identify at least one supportive adult with whom the 958
child can enter into a formal agreement for an ongoing 959
relationship and document such agreement in the child's court 960
file. 961
Section 21. Paragraph (c) of subsection (10) of section 962
39.621, Florida Statutes, is amended to read: 963
39.621 Permanency determination by the court. — 964
(10) The permanency placement is intended to continue 965
until the child reaches the age of majority and may not be 966
disturbed absent a finding by the court that the circumstances 967
of the permanency placement are no longer in the best interest 968
of the child. 969
(c) The court shall base its decision concerning any 970
motion by a parent for reunification or increased contact with a 971
child on the effect of the decision on the safety, well -being, 972
and physical and emotional health of the child. Factors that 973
must be considered and addressed in the findings of fact of the 974
order on the motion must include: 975
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1. The compliance or noncompliance of the parent with the 976
case plan; 977
2. The circumstances which caused the child's dependency 978
and whether those circumstances have been resolved; 979
3. The stability and longevity of the child's placement; 980
4. The preferences of the child, if the child is of 981
sufficient age and understanding to express a preference; 982
5. The recommendation of the current custodian; and 983
6. Any The recommendation of the guardian ad litem , if one 984
has been appointed. 985
Section 22. Subsection (2) of section 39.6241, Florida 986
Statutes, is amended to read: 987
39.6241 Another planned permanent living arrangement. — 988
(2) The department and the guardian ad litem must provide 989
the court with a recommended list and description of services 990
needed by the child, such as independent living services and 991
medical, dental, educational, or psychological referrals, and a 992
recommended list and description of services needed by his or 993
her caregiver. The guardian ad litem must also advise the court 994
whether the child has been connected with a supportiv e adult 995
and, if the child has been connected with a supportive adult, 996
whether the child has entered into a formal agreement with the 997
adult. If the child has entered into a formal agreement pursuant 998
to s. 39.6036, the guardian ad litem must ensure that the 999
agreement is documented in the child's court file. 1000
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Section 23. Paragraphs (b) and (f) of subsection (1), 1001
paragraph (c) of subsection (2), subsection (3), and paragraph 1002
(e) of subsection (4) of section 39.701, Florida Statutes, are 1003
amended to read: 1004
39.701 Judicial review. — 1005
(1) GENERAL PROVISIONS. — 1006
(b)1. The court shall retain jurisdiction over a child 1007
returned to his or her parents for a minimum period of 6 months 1008
after following the reunification, but, at that time, based on a 1009
report of the social service agency and the guardian ad litem , 1010
if one has been appointed, and any other relevant factors, the 1011
court shall make a determination as to whether supervision by 1012
the department and the court's jurisdiction shall continue or be 1013
terminated. 1014
2. Notwithstanding subparagraph 1., the court must retain 1015
jurisdiction over a child if the child is placed in the home 1016
with a parent or caregiver with an in -home safety plan and such 1017
safety plan remains necessary for the child to reside safely in 1018
the home. 1019
(f) Notice of a judicial review hearing or a citizen 1020
review panel hearing, and a copy of the motion for judicial 1021
review, if any, must be served by the clerk of the court upon 1022
all of the following persons, if available to be served, 1023
regardless of whether the pers on was present at the previous 1024
hearing at which the date, time, and location of the hearing was 1025
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announced: 1026
1. The social service agency charged with the supervision 1027
of care, custody, or guardianship of the child, if that agency 1028
is not the movant. 1029
2. The foster parent or legal custodian in whose home the 1030
child resides. 1031
3. The parents. 1032
4. The guardian ad litem for the child , or the 1033
representative of the guardian ad litem program if the program 1034
has been appointed. 1035
5. The attorney ad litem for the child, if one is 1036
appointed. 1037
6. The child, if the child is 13 years of age or older. 1038
7. Any preadoptive parent. 1039
8. Such other persons as the court may direct. 1040
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1041
AGE.— 1042
(c) Review determinations.—The court and any citizen 1043
review panel shall take into consideration the information 1044
contained in the social services study and investigation and all 1045
medical, psychological, and educational records that support the 1046
terms of the case plan; testi mony by the social services agency, 1047
the parent, the foster parent or caregiver, the guardian ad 1048
litem, the or surrogate parent for educational decisionmaking if 1049
one has been appointed for the child, and any other person 1050
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deemed appropriate; and any relevant and material evidence 1051
submitted to the court, including written and oral reports to 1052
the extent of their probative value. These reports and evidence 1053
may be received by the court in its effort to determine the 1054
action to be taken with regard to the child and may be relied 1055
upon to the extent of their probative value, even though not 1056
competent in an adjudicatory hearing. In its deliberations, the 1057
court and any citizen review panel shall seek to determine: 1058
1. If the parent was advised of the right to receive 1059
assistance from any person or social service agency in the 1060
preparation of the case plan. 1061
2. If the parent has been advised of the right to have 1062
counsel present at the judicial review or citizen review 1063
hearings. If not so advised, the court or citizen revi ew panel 1064
shall advise the parent of such right. 1065
3. If a guardian ad litem needs to be appointed for the 1066
child in a case in which a guardian ad litem has not previously 1067
been appointed or if there is a need to continue a guardian ad 1068
litem in a case in whic h a guardian ad litem has been appointed . 1069
4. Who holds the rights to make educational decisions for 1070
the child. If appropriate, the court may refer the child to the 1071
district school superintendent for appointment of a surrogate 1072
parent or may itself appoint a surrogate parent under the 1073
Individuals with Disabilities Education Act and s. 39.0016. 1074
5. The compliance or lack of compliance of all parties 1075
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with applicable items of the case plan, including the parents' 1076
compliance with child support orders. 1077
6. The compliance or lack of compliance with a visitation 1078
contract between the parent and the social service agency for 1079
contact with the child, including the frequency, duration, and 1080
results of the parent -child visitation and the reason for any 1081
noncompliance. 1082
7. The frequency, kind, and duration of contacts among 1083
siblings who have been separated during placement, as well as 1084
any efforts undertaken to reunite separated siblings if doing so 1085
is in the best interests of the child. 1086
8. The compliance or lack of comp liance of the parent in 1087
meeting specified financial obligations pertaining to the care 1088
of the child, including the reason for failure to comply, if 1089
applicable. 1090
9. Whether the child is receiving safe and proper care 1091
according to s. 39.6012, including, but not limited to, the 1092
appropriateness of the child's current placement, including 1093
whether the child is in a setting that is as family -like and as 1094
close to the parent's home as possible, consistent with the 1095
child's best interests and special needs, and inclu ding 1096
maintaining stability in the child's educational placement, as 1097
documented by assurances from the community -based care lead 1098
agency that: 1099
a. The placement of the child takes into account the 1100
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appropriateness of the current educational setting and the 1101
proximity to the school in which the child is enrolled at the 1102
time of placement. 1103
b. The community-based care lead agency has coordinated 1104
with appropriate local educational agencies to ensure that the 1105
child remains in the school in which the child is enrol led at 1106
the time of placement. 1107
10. A projected date likely for the child's return home or 1108
other permanent placement. 1109
11. When appropriate, the basis for the unwillingness or 1110
inability of the parent to become a party to a case plan. The 1111
court and the citizen review panel shall determine if the 1112
efforts of the social service agency to secure party 1113
participation in a case plan were sufficient. 1114
12. For a child who has reached 13 years of age but is not 1115
yet 18 years of age, the adequacy of the child's prepar ation for 1116
adulthood and independent living. For a child who is 15 years of 1117
age or older, the court shall determine if appropriate steps are 1118
being taken for the child to obtain a driver license or 1119
learner's driver license. 1120
13. If amendments to the case pl an are required. 1121
Amendments to the case plan must be made under s. 39.6013. 1122
14. If the parents and caregivers have developed a 1123
productive relationship that includes meaningful communication 1124
and mutual support. 1125
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(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—1126
At each review hearing held under this subsection, the court 1127
shall give the child and the guardian ad litem the opportunity 1128
to address the court and provide any information relevant to the 1129
child's best interest, particularly in relation to i ndependent 1130
living transition services. The foster parent or, legal 1131
custodian, or guardian ad litem may also provide any information 1132
relevant to the child's best interest to the court. In addition 1133
to the review and report required under paragraphs (1)(a) and 1134
(2)(a), respectively, and the review and report required under 1135
s. 39.822(2)(a)2., the court shall: 1136
(a) Inquire about the life skills the child has acquired 1137
and whether those services are age appropriate, at the first 1138
judicial review hearing held subsequent to the child's 16th 1139
birthday. At the judicial review hearing, the department shall 1140
provide the court with a report that includes specific 1141
information related to the life skills that the child has 1142
acquired since the child's 13th birthday or since the date the 1143
child came into foster care, whichever came later. For any child 1144
who may meet the requirem ents for appointment of a guardian 1145
advocate under s. 393.12 or a guardian under chapter 744, the 1146
updated case plan must be developed in a face -to-face conference 1147
with the child, if appropriate; the child's attorney ad litem, 1148
if one is appointed; the child's any court-appointed guardian ad 1149
litem; the temporary custodian of the child; and the parent of 1150
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the child, if the parent's rights have not been terminated. 1151
(b) The court shall hold a judicial review hearing within 1152
90 days after a child's 17th birthday. The court shall issue an 1153
order, separate from the order on judicial review, that the 1154
disability of nonage of the child has been removed under ss. 1155
743.044-743.047 for any disability that the court finds is in 1156
the child's best interest to remove. The departm ent shall 1157
include in the social study report for the first judicial review 1158
that occurs after the child's 17th birthday written verification 1159
that the child has: 1160
1. A current Medicaid card and all necessary information 1161
concerning the Medicaid program suffi cient to prepare the child 1162
to apply for coverage upon reaching the age of 18, if such 1163
application is appropriate. 1164
2. A certified copy of the child's birth certificate and, 1165
if the child does not have a valid driver license, a Florida 1166
identification card i ssued under s. 322.051. 1167
3. A social security card and information relating to 1168
social security insurance benefits if the child is eligible for 1169
those benefits. If the child has received such benefits and they 1170
are being held in trust for the child, a full accounting of 1171
these funds must be provided and the child must be informed as 1172
to how to access those funds. 1173
4. All relevant information related to the Road -to-1174
Independence Program under s. 409.1451, including, but not 1175
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limited to, eligibility requirements, information on 1176
participation, and assistance in gaining admission to the 1177
program. If the child is eligible for the Road -to-Independence 1178
Program, he or she must be advised that he or she may continue 1179
to reside with the licensed family home or group care pr ovider 1180
with whom the child was residing at the time the child attained 1181
his or her 18th birthday, in another licensed family home, or 1182
with a group care provider arranged by the department. 1183
5. An open bank account or the identification necessary to 1184
open a bank account and to acquire essential banking and 1185
budgeting skills. 1186
6. Information on public assistance and how to apply for 1187
public assistance. 1188
7. A clear understanding of where he or she will be living 1189
on his or her 18th birthday, how living expenses will be paid, 1190
and the educational program or school in which he or she will be 1191
enrolled. 1192
8. Information related to the ability of the child to 1193
remain in care until he or she reaches 21 years of age under s. 1194
39.013. 1195
9. A letter providing the dates that the child is under 1196
the jurisdiction of the court. 1197
10. A letter stating that the child is in compliance with 1198
financial aid documentation requirements. 1199
11. The child's educational records. 1200
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12. The child's entire health and mental health records. 1201
13. The process for accessing the child's case file. 1202
14. A statement encouraging the child to attend all 1203
judicial review hearings. 1204
15. Information on how to obtain a driver license or 1205
learner's driver license. 1206
(c) At the first judicial review hearing hel d subsequent 1207
to the child's 17th birthday, if the court determines pursuant 1208
to chapter 744 that there is a good faith basis to believe that 1209
the child qualifies for appointment of a guardian advocate, 1210
limited guardian, or plenary guardian for the child and that no 1211
less restrictive decisionmaking assistance will meet the child's 1212
needs: 1213
1. The department shall complete a multidisciplinary 1214
report which must include, but is not limited to, a psychosocial 1215
evaluation and educational report if such a report has n ot been 1216
completed within the previous 2 years. 1217
2. The department shall identify one or more individuals 1218
who are willing to serve as the guardian advocate under s. 1219
393.12 or as the plenary or limited guardian under chapter 744. 1220
Any other interested partie s or participants may make efforts to 1221
identify such a guardian advocate, limited guardian, or plenary 1222
guardian. The child's biological or adoptive family members, 1223
including the child's parents if the parents' rights have not 1224
been terminated, may not be con sidered for service as the 1225
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plenary or limited guardian unless the court enters a written 1226
order finding that such an appointment is in the child's best 1227
interests. 1228
3. Proceedings may be initiated within 180 days after the 1229
child's 17th birthday for the appo intment of a guardian 1230
advocate, plenary guardian, or limited guardian for the child in 1231
a separate proceeding in the court division with jurisdiction 1232
over guardianship matters and pursuant to chapter 744. The 1233
Legislature encourages the use of pro bono repre sentation to 1234
initiate proceedings under this section. 1235
4. In the event another interested party or participant 1236
initiates proceedings for the appointment of a guardian 1237
advocate, plenary guardian, or limited guardian for the child, 1238
the department shall prov ide all necessary documentation and 1239
information to the petitioner to complete a petition under s. 1240
393.12 or chapter 744 within 45 days after the first judicial 1241
review hearing after the child's 17th birthday. 1242
5. Any proceedings seeking appointment of a gu ardian 1243
advocate or a determination of incapacity and the appointment of 1244
a guardian must be conducted in a separate proceeding in the 1245
court division with jurisdiction over guardianship matters and 1246
pursuant to chapter 744. 1247
(d) If the court finds at the jud icial review hearing 1248
after the child's 17th birthday that the department has not met 1249
its obligations to the child as stated in this part, in the 1250
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written case plan, or in the provision of independent living 1251
services, the court may issue an order directing t he department 1252
to show cause as to why it has not done so. If the department 1253
cannot justify its noncompliance, the court may give the 1254
department 30 days within which to comply. If the department 1255
fails to comply within 30 days, the court may hold the 1256
department in contempt. 1257
(e) If necessary, the court may review the status of the 1258
child more frequently during the year before the child's 18th 1259
birthday. At the last review hearing before the child reaches 18 1260
years of age, and in addition to the requirements of subsection 1261
(2), the court shall: 1262
1. Address whether the child plans to remain in foster 1263
care, and, if so, ensure that the child's transition plan 1264
includes a plan for meeting one or more of the criteria 1265
specified in s. 39.6251 and determine if the child h as entered 1266
into a formal agreement for an ongoing relationship with a 1267
supportive adult. 1268
2. Ensure that the transition plan includes a supervised 1269
living arrangement under s. 39.6251. 1270
3. Ensure the child has been informed of: 1271
a. The right to continued support and services from the 1272
department and the community -based care lead agency. 1273
b. The right to request termination of dependency 1274
jurisdiction and be discharged from foster care. 1275
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c. The opportunity to reenter foster care under s. 1276
39.6251. 1277
4. Ensure that the child, if he or she requests 1278
termination of dependency jurisdiction and discharge from foster 1279
care, has been informed of: 1280
a. Services or benefits for which the child may be 1281
eligible based on his or her former placement in foster care, 1282
including, but not limited to, the assistance of the Office of 1283
Continuing Care under s. 414.56. 1284
b. Services or benefits that may be lost through 1285
termination of dependency jurisdiction. 1286
c. Other federal, state, local, or community -based 1287
services or supports available to him or her. 1288
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1289
During each period of time that a young adult remains in foster 1290
care, the court shall review the status of the young adult at 1291
least every 6 months and must hold a permanency re view hearing 1292
at least annually. 1293
(e)1. Notwithstanding the provisions of this subsection, 1294
if a young adult has chosen to remain in extended foster care 1295
after he or she has reached 18 years of age, the department may 1296
not close a case and the court may not terminate jurisdiction 1297
until the court finds, following a hearing, that the following 1298
criteria have been met: 1299
a.1. Attendance of the young adult at the hearing; or 1300
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b.2. Findings by the court that: 1301
(I)a. The young adult has been informed by the depart ment 1302
of his or her right to attend the hearing and has provided 1303
written consent to waive this right; and 1304
(II)b. The young adult has been informed of the potential 1305
negative effects of early termination of care, the option to 1306
reenter care before reaching 2 1 years of age, the procedure for, 1307
and limitations on, reentering care, and the availability of 1308
alternative services, and has signed a document attesting that 1309
he or she has been so informed and understands these provisions; 1310
or 1311
(III)c. The young adult has voluntarily left the program, 1312
has not signed the document in sub -subparagraph b., and is 1313
unwilling to participate in any further court proceeding. 1314
2.3. In all permanency hearings or hearings regarding the 1315
transition of the young adult from care to indep endent living, 1316
the court shall consult with the young adult regarding the 1317
proposed permanency plan, case plan, and individual education 1318
plan for the young adult and ensure that he or she has 1319
understood the conversation. The court shall also inquire of the 1320
young adult regarding his or her relationship with the 1321
supportive adult with whom the young adult has entered into a 1322
formal agreement for an ongoing relationship, if such agreement 1323
exists. 1324
Section 24. Paragraph (a) of subsection (3) of section 1325
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39.801, Florida Statutes, is amended to read: 1326
39.801 Procedures and jurisdiction; notice; service of 1327
process.— 1328
(3) Before the court may terminate parental rights, in 1329
addition to the other requirements set forth in this part, the 1330
following requirements must be met: 1331
(a) Notice of the date, time, and place of the advisory 1332
hearing for the petition to terminate parental rights and a copy 1333
of the petition must be personally served upon the following 1334
persons, specifically notifying them that a petition has been 1335
filed: 1336
1. The parents of the child. 1337
2. The legal custodians of the child. 1338
3. If the parents who would be entitled to notice are dead 1339
or unknown, a living relative of the child, unless upon diligent 1340
search and inquiry no such relative can be found. 1341
4. Any person who has physical custody of the child. 1342
5. Any grandparent entitled to priority for adoption under 1343
s. 63.0425. 1344
6. Any prospective parent who has been identified under s. 1345
39.503 or s. 39.803, unless a court order has been entered 1346
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1347
indicates no further notice is required. Except as otherwise 1348
provided in this section, if there is not a legal father, notice 1349
of the petition for termination of parental rights must be 1350
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provided to any known pro spective father who is identified under 1351
oath before the court or who is identified by a diligent search 1352
of the Florida Putative Father Registry. Service of the notice 1353
of the petition for termination of parental rights is not 1354
required if the prospective fat her executes an affidavit of 1355
nonpaternity or a consent to termination of his parental rights 1356
which is accepted by the court after notice and opportunity to 1357
be heard by all parties to address the best interests of the 1358
child in accepting such affidavit. 1359
7. The guardian ad litem for the child or the 1360
representative of the guardian ad litem program, if the program 1361
has been appointed. 1362
1363
The document containing the notice to respond or appear must 1364
contain, in type at least as large as the type in the balance of 1365
the document, the following or substantially similar language: 1366
"FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 1367
CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 1368
THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 1369
TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 1370
CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 1371
NOTICE." 1372
Section 25. Subsection (2) of section 39.807, Florida 1373
Statutes, is amended to read: 1374
39.807 Right to counsel; guardian ad litem. — 1375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(a) The court shall appoint a guardian ad litem to 1376
represent the best interest of the child in any termination of 1377
parental rights proceedings and shall ascertain at each stage of 1378
the proceedings whether a guardian ad litem has been appointed. 1379
(b) The guardian ad litem has the following 1380
responsibilities and authorities listed in s. 39.822. : 1381
1. To investigate the allegations of the petition and any 1382
subsequent matters arising in the case and, 1383
(c) Unless excused by the court, the guardian ad litem 1384
must to file a written report. This report must include a 1385
statement of the wishes of the child and the recommendations of 1386
the guardian ad litem and must be provided to all parties and 1387
the court at least 72 hours before the disposition hearing. 1388
2. To be present at all court hearings unless excused by 1389
the court. 1390
3. To represent the best interests of the child until the 1391
jurisdiction of the court over the child terminates or until 1392
excused by the court. 1393
(c) A guardian ad litem is not required to post bond but 1394
shall file an acceptance of the office. 1395
(d) A guardian ad litem is entitled to receive service of 1396
pleadings and papers as provided by the Florida Rules of 1397
Juvenile Procedure. 1398
(d)(e) This subsection does not apply to any voluntary 1399
relinquishment of parent al rights proceeding. 1400
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Section 26. Subsection (2) of section 39.808, Florida 1401
Statutes, is amended to read: 1402
39.808 Advisory hearing; pretrial status conference. — 1403
(2) At the hearing the court shall inform the parties of 1404
their rights under s. 39.807, shall appoint counsel for the 1405
parties in accordance with legal requirements, and shall appoint 1406
a guardian ad litem to represent the interests of the child if 1407
one has not already been appointed. 1408
Section 27. Subsection (2) of section 39.815, Florida 1409
Statutes, is amended to read: 1410
39.815 Appeal.— 1411
(2) An attorney for the department shall represent the 1412
state upon appeal. When a notice of appeal is filed in the 1413
circuit court, the clerk shall notify the attorney for the 1414
department, together with the attorney for the parent, the 1415
guardian ad litem, and the any attorney ad litem for the child, 1416
if one is appointed. 1417
Section 28. Section 39.820, Florida Statutes, is repealed. 1418
Section 29. Subsections (1) and (3) of section 39.821, 1419
Florida Statutes, are amende d to read: 1420
39.821 Qualifications of guardians ad litem. — 1421
(1) Because of the special trust or responsibility placed 1422
in a guardian ad litem, the Statewide Guardian ad Litem Office 1423
Program may use any private funds collected by the office 1424
program, or any state funds so designated, to conduct a security 1425
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background investigation before certifying a volunteer to serve. 1426
A security background investigation must include, but need not 1427
be limited to, employment history checks, checks of references, 1428
local criminal history records checks through local law 1429
enforcement agencies, and statewide criminal history records 1430
checks through the Department of Law Enforcement. Upon request, 1431
an employer shall furnish a copy of the personnel record for the 1432
employee or former employee who is the subject of a security 1433
background investigation conducted under this section. The 1434
information contained in the personnel record may include, but 1435
need not be limited to, disciplinary matters and the reason why 1436
the employee was terminat ed from employment. An employer who 1437
releases a personnel record for purposes of a security 1438
background investigation is presumed to have acted in good faith 1439
and is not liable for information contained in the record 1440
without a showing that the employer malici ously falsified the 1441
record. A security background investigation conducted under this 1442
section must ensure that a person is not certified as a guardian 1443
ad litem if the person has an arrest awaiting final disposition 1444
for, been convicted of, regardless of adju dication, entered a 1445
plea of nolo contendere or guilty to, or been adjudicated 1446
delinquent and the record has not been sealed or expunged for, 1447
any offense prohibited under the provisions listed in s. 435.04. 1448
All applicants must undergo a level 2 background s creening 1449
pursuant to chapter 435 before being certified to serve as a 1450
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guardian ad litem. In analyzing and evaluating the information 1451
obtained in the security background investigation, the office 1452
program must give particular emphasis to past activities 1453
involving children, including, but not limited to, child -related 1454
criminal offenses or child abuse. The office program has sole 1455
discretion in determining whether to certify a person based on 1456
his or her security background investigation. The information 1457
collected pursuant to the security background investigation is 1458
confidential and exempt from s. 119.07(1). 1459
(3) It is a misdemeanor of the first degree, punishable as 1460
provided in s. 775.082 or s. 775.083, for any person to 1461
willfully, knowingly, or intentionally fa il, by false statement, 1462
misrepresentation, impersonation, or other fraudulent means, to 1463
disclose in any application for a volunteer position or for paid 1464
employment with the Statewide Guardian ad Litem Office Program, 1465
any material fact used in making a dete rmination as to the 1466
applicant's qualifications for such position. 1467
Section 30. Section 39.822, Florida Statutes, is amended 1468
to read: 1469
39.822 Appointment of guardian ad litem for abused, 1470
abandoned, or neglected child. — 1471
(1) A guardian ad litem shall be appointed by the court at 1472
the earliest possible time to represent the child in any child 1473
abuse, abandonment, or neglect judicial proceeding, whether 1474
civil or criminal. A guardian ad litem is a fiduciary and must 1475
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provide independent representation of the c hild using a best 1476
interest standard of decisionmaking and advocacy. 1477
(2)(a) A guardian ad litem must: 1478
1. Be present at all court hearings unless excused by the 1479
court. 1480
2. Investigate issues related to the best interest of the 1481
child who is the subject o f the appointment, review all 1482
disposition recommendations and changes in placement, and, 1483
unless excused by the court, file written reports and 1484
recommendations in accordance with general law. 1485
3. Represent the child until the court's jurisdiction over 1486
the child terminates or until excused by the court. 1487
4. Advocate for the child's participation in the 1488
proceedings and to report the child's preferences to the court, 1489
to the extent the child has the ability and desire to express 1490
his or her preferences. 1491
5. Perform such other duties that are consistent with the 1492
scope of the appointment. 1493
(b) A guardian ad litem shall have immediate and unlimited 1494
access to the children he or she represents. 1495
(c) A guardian ad litem is not required to post bond but 1496
must file an acceptance of the appointment. 1497
(d) A guardian ad litem is entitled to receive service of 1498
pleadings and papers as provided by the Florida Rules of 1499
Juvenile Procedure. 1500
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(3) Any person participating in a civil or criminal 1501
judicial proceeding resulting fro m such appointment shall be 1502
presumed prima facie to be acting in good faith and in so doing 1503
shall be immune from any liability, civil or criminal, that 1504
otherwise might be incurred or imposed. 1505
(4)(2) In those cases in which the parents are financially 1506
able, the parent or parents of the child shall reimburse the 1507
court, in part or in whole, for the cost of provision of 1508
guardian ad litem representation services. Reimbursement to the 1509
individual providing guardian ad litem services shall not be 1510
contingent upon successful collection by the court from the 1511
parent or parents. 1512
(5)(3) Upon presentation by a guardian ad litem of a court 1513
order appointing the guardian ad litem: 1514
(a) An agency, as defined in chap ter 119, shall allow the 1515
guardian ad litem to inspect and copy records related to the 1516
best interests of the child who is the subject of the 1517
appointment, including, but not limited to, records made 1518
confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1519
the State Constitution. The guardian ad litem shall maintain the 1520
confidential or exempt status of any records shared by an agency 1521
under this paragraph. 1522
(b) A person or organization, other than an agency under 1523
paragraph (a), shall allow the guardian ad litem to inspect and 1524
copy any records related to the best interests of the child who 1525
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is the subject of the appointment, including, but not limited 1526
to, confidential records. 1527
1528
For the purposes of this subsection, the term "records related 1529
to the best interests of the child" includes, but is not limited 1530
to, medical, mental health, substance abuse, child care, 1531
education, law enforcement, court, social services, and 1532
financial records. 1533
(4) The guardian ad litem or the program representative 1534
shall review all disposition recommendations and changes in 1535
placements, and must be present at all critical stages of the 1536
dependency proceeding or submit a written report of 1537
recommendations to the court. Written reports must be filed with 1538
the court and served on all partie s whose whereabouts are known 1539
at least 72 hours prior to the hearing. 1540
Section 31. Subsection (4) of section 39.827, Florida 1541
Statutes, is amended to read: 1542
39.827 Hearing for appointment of a guardian advocate. — 1543
(4) The hearing under this section must shall remain 1544
confidential and closed to the public. The clerk shall keep all 1545
court records required by this part separate from other records 1546
of the circuit court. All court records required by this part 1547
are shall be confidential and exempt from the provisions of s. 1548
119.07(1). All records may only shall be inspected only upon 1549
order of the court by persons deemed by the court to have a 1550
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proper interest therein, except that a child and the parents or 1551
custodians of the child and their attorneys , the guardian ad 1552
litem, and the department and its designees , and the attorney ad 1553
litem, if one is appointed, shall always have the right to 1554
inspect and copy any official record pertaining to the child. 1555
The court may permit authorized representatives of recognized 1556
organizations compiling statistics for proper purposes to 1557
inspect and make abstracts from official records, under whatever 1558
conditions upon their use and disposition the court may deem 1559
proper, and may punish by contempt proceedings any violation of 1560
those conditions. All information obtained pursuant to this part 1561
in the discharge of official duty by any judge, employee of the 1562
court, or authorized agent of the department is shall be 1563
confidential and exempt from the provisions of s. 119.07(1) and 1564
may shall not be disclosed to anyone other than the authorized 1565
personnel of the court or the department and its designees, 1566
except upon order of the court. 1567
Section 32. Subsection (2) of section 39.8296, Florida 1568
Statutes, is amended to read: 1569
39.8296 Statewide G uardian ad Litem Office; legislative 1570
findings and intent; creation; appointment of executive 1571
director; duties of office. — 1572
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1573
Statewide Guardian ad Litem Office within the Justice 1574
Administrative Commission. The Justice Administrative Commission 1575
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shall provide administrative support and service to the office 1576
to the extent requested by the executive director within the 1577
available resources of the commission. The Statewide Guardian ad 1578
Litem Office is not s ubject to control, supervision, or 1579
direction by the Justice Administrative Commission in the 1580
performance of its duties, but the employees of the office are 1581
governed by the classification plan and salary and benefits plan 1582
approved by the Justice Administrat ive Commission. 1583
(a) The head of the Statewide Guardian ad Litem Office is 1584
the executive director, who shall be appointed by the Governor 1585
from a list of a minimum of three eligible applicants submitted 1586
by a Guardian ad Litem Qualifications Committee. The Guardian ad 1587
Litem Qualifications Committee shall be composed of five 1588
persons, two persons appointed by the Governor, two persons 1589
appointed by the Chief Justice of the Supreme Court, and one 1590
person appointed by the Statewide Guardian ad Litem Office 1591
Association. The committee shall provide for statewide 1592
advertisement and the receiving of applications for the position 1593
of executive director. The Governor shall appoint an executive 1594
director from among the recommendations, or the Governor may 1595
reject the nominations and request the submission of new 1596
nominees. The executive director must have knowledge in 1597
dependency law and knowledge of social service delivery systems 1598
available to meet the needs of children who are abused, 1599
neglected, or abandoned. The executive dir ector shall serve on a 1600
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full-time basis and shall personally, or through representatives 1601
of the office, carry out the purposes and functions of the 1602
Statewide Guardian ad Litem Office in accordance with state and 1603
federal law and the state's long -established policy of 1604
prioritizing children's best interests . The executive director 1605
shall report to the Governor. The executive director shall serve 1606
a 3-year term, subject to removal for cause by the Governor. Any 1607
person appointed to serve as the executive director m ay be 1608
permitted to serve more than one term without the necessity of 1609
convening the Guardian ad Litem Qualifications Committee . 1610
(b) The Statewide Guardian ad Litem Office shall, within 1611
available resources, have oversight responsibilities for and 1612
provide technical assistance to all guardian ad litem and 1613
attorney ad litem programs located within the judicial circuits. 1614
1. The office shall identify the resources required to 1615
implement methods of collecting, reporting, and tracking 1616
reliable and consistent case data. 1617
2. The office shall review the current guardian ad litem 1618
offices programs in Florida and other states. 1619
3. The office, in consultation with local guardian ad 1620
litem offices, shall develop statewide performance measures and 1621
standards. 1622
4. The office shall develop and maintain a guardian ad 1623
litem training program , which must be updated regularly , which 1624
shall include, but is not limited to, training on the 1625
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recognition of and responses to head trauma and brain injury in 1626
a child under 6 years of age. T he office shall establish a 1627
curriculum committee to develop the training program specified 1628
in this subparagraph. The curriculum committee shall include, 1629
but not be limited to, dependency judges, directors of circuit 1630
guardian ad litem programs, active certi fied guardians ad litem, 1631
a mental health professional who specializes in the treatment of 1632
children, a member of a child advocacy group, a representative 1633
of a domestic violence advocacy group, an individual with a 1634
degree in social work, and a social worker experienced in 1635
working with victims and perpetrators of child abuse . 1636
5. The office shall review the various methods of funding 1637
guardian ad litem offices programs, maximize the use of those 1638
funding sources to the extent possible, and review the kinds of 1639
services being provided by circuit guardian ad litem offices 1640
programs. 1641
6. The office shall determine the feasibility or 1642
desirability of new concepts of organization, administration, 1643
financing, or service delivery designed to preserve the civil 1644
and constitutional rights and fulfill other needs of dependent 1645
children. 1646
7. The office shall ensure that each child has an attorney 1647
assigned to his or her case and, within available resources, is 1648
represented using multidisciplinary teams that may include 1649
volunteers, pro bono attorneys, social workers, and mentors. 1650
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8. The office shall provide oversight and technical 1651
assistance to attorneys ad litem, including, but not limited to, 1652
all of the following: 1653
a. Develop an attorney ad litem training program in 1654
collaboration with dependency court stakeholders, including, but 1655
not limited to, dependency judges, representatives from legal 1656
aid providing attorney ad litem representation, and an attorney 1657
ad litem appointed from a registry maintained by the chief 1658
judge. The training program must be updated regularly with or 1659
without convening the stakeholders group. 1660
b. Offer consultation and technical assistance to chief 1661
judges in maintaining attorney registries for the selection of 1662
attorneys ad litem. 1663
c. Assist with recruitmen t, training, and mentoring of 1664
attorneys ad litem as needed. 1665
9.7. In an effort to promote normalcy and establish trust 1666
between a court-appointed volunteer guardian ad litem and a 1667
child alleged to be abused, abandoned, or neglected under this 1668
chapter, a guardian ad litem may transport a child. However, a 1669
guardian ad litem volunteer may not be required by a guardian ad 1670
litem circuit office or ordered by or directed by the program or 1671
a court to transport a child. 1672
10.8. The office shall submit to the Governo r, the 1673
President of the Senate, the Speaker of the House of 1674
Representatives, and the Chief Justice of the Supreme Court an 1675
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interim report describing the progress of the office in meeting 1676
the goals as described in this section. The office shall submit 1677
to the Governor, the President of the Senate, the Speaker of the 1678
House of Representatives, and the Chief Justice of the Supreme 1679
Court a proposed plan including alternatives for meeting the 1680
state's guardian ad litem and attorney ad litem needs. This plan 1681
may include recommendations for less than the entire state, may 1682
include a phase-in system, and shall include estimates of the 1683
cost of each of the alternatives. Each year the office shall 1684
provide a status report and provide further recommendations to 1685
address the need for guardian ad litem services and related 1686
issues. 1687
Section 33. Section 39.8297, Florida Statutes, is amended 1688
to read: 1689
39.8297 County funding for guardian ad litem employees. — 1690
(1) A county and the executive director of the Statewide 1691
Guardian ad Litem Office may enter into an agreement by which 1692
the county agrees to provide funds to the local guardian ad 1693
litem office in order to employ persons who will assist in the 1694
operation of the guardian ad litem office program in the county. 1695
(2) The agreement, at a minimum, must provide that: 1696
(a) Funding for the persons who are employed will be 1697
provided on at least a fiscal -year basis. 1698
(b) The persons who are employed will be hired, 1699
supervised, managed, and terminated by the executive director of 1700
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the Statewide Guardian ad Litem Office. The statewide office is 1701
responsible for compliance with all requirements of federal and 1702
state employment laws, and shall fully indemnify the county from 1703
any liability under such laws, as authorized by s. 768.28(19), 1704
to the extent such liability is the result of the acts or 1705
omissions of the Statewide Guardian ad Litem Office or its 1706
agents or employees. 1707
(c) The county is the employer for purposes of s. 440. 10 1708
and chapter 443. 1709
(d) Employees funded by the county under this section and 1710
other county employees may be aggregated for purposes of a 1711
flexible benefits plan pursuant to s. 125 of the Internal 1712
Revenue Code of 1986. 1713
(e) Persons employed under this sec tion may be terminated 1714
after a substantial breach of the agreement or because funding 1715
to the guardian ad litem office program has expired. 1716
(3) Persons employed under this section may not be counted 1717
in a formula or similar process used by the Statewide Gu ardian 1718
ad Litem Office to measure personnel needs of a judicial 1719
circuit's guardian ad litem office program. 1720
(4) Agreements created pursuant to this section do not 1721
obligate the state to allocate funds to a county to employ 1722
persons in the guardian ad litem office program. 1723
Section 34. Section 39.8298, Florida Statutes, is amended 1724
to read: 1725
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39.8298 Guardian ad Litem state direct-support 1726
organization and local direct-support organizations .— 1727
(1) AUTHORITY.—The Statewide Guardian ad Litem Office 1728
created under s. 39.8296 is authorized to create a state direct-1729
support organization and to create or designate local direct -1730
support organizations. The executive director of the Statewide 1731
Guardian ad Litem Office is responsible for designating local 1732
direct-support organizations under this subsection . 1733
(a) The state direct-support organization and the local 1734
direct-support organizations must be a Florida corporations 1735
corporation not for profit, incorporated under the provisions of 1736
chapter 617. The state direct-support organization and the local 1737
direct-support organizations are shall be exempt from paying 1738
fees under s. 617.0122. 1739
(b) The state direct-support organization and each local 1740
direct-support organization must shall be organized and operated 1741
to conduct programs and activities; raise funds; request and 1742
receive grants, gifts, and bequests of moneys; acquire, receive, 1743
hold, invest, and administer, in its own name, securities, 1744
funds, objects of value, or other property, real or personal; 1745
and make expenditures to or for the direct or indirect benefit 1746
of the Statewide Guardian ad Litem Office , including the local 1747
guardian ad litem offices . 1748
(c) If the executive director of the Statewide Guardian ad 1749
Litem Office determines that the state direct-support 1750
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organization or a local direct-support organization is operating 1751
in a manner that is inconsistent with the goals and purposes of 1752
the Statewide Guardian ad Litem Office or not acting in the best 1753
interest of the state, the executive director may terminate the 1754
organization's contract and thereafter the organization may not 1755
use the name of the Statewide Guardian ad Litem Office. 1756
(2) CONTRACTS CONTRACT.—The state direct-support 1757
organization and the local direct -support organizations shall 1758
operate under a writte n contract with the Statewide Guardian Ad 1759
Litem Office. The written contract must, at a minimum, provide 1760
for: 1761
(a) Approval of the articles of incorporation and bylaws 1762
of the direct-support organization by the executive director of 1763
the Statewide Guardian ad Litem Office. 1764
(b) Submission of an annual budget for the approval by the 1765
executive director of the Statewide Guardian ad Litem Office. 1766
(c) The reversion without penalty to the Statewide 1767
Guardian ad Litem Office, or to the state if the Statewide 1768
Guardian ad Litem Office ceases to exist, of all moneys and 1769
property held in trust by the state direct-support organization 1770
for the Statewide Guardian Ad Litem Office if the direct -support 1771
organization ceases to exist or if the contract is terminated. 1772
(d) The fiscal year of the state direct-support 1773
organization and the local direct -support organizations , which 1774
must begin July 1 of each year and end June 30 of the following 1775
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year. 1776
(e) The disclosure of material provisions of the contract 1777
and the distinction b etween the Statewide Guardian ad Litem 1778
Office and the state direct-support organization or the local 1779
direct-support organization to donors of gifts, contributions, 1780
or bequests, as well as on all promotional and fundraising 1781
publications. 1782
(3) BOARD OF DIRECTORS.—The executive director of the 1783
Statewide Guardian ad Litem Office shall appoint a board of 1784
directors for the state direct-support organization. The 1785
executive director may designate employees of the Statewide 1786
Guardian ad Litem Office to serve on the b oard of directors of 1787
the state direct-support organization or a local direct -support 1788
organization. Members of the board of the state direct-support 1789
organization or a local direct -support organization shall serve 1790
at the pleasure of the executive director. 1791
(4) USE OF PROPERTY AND SERVICES. —The executive director 1792
of the Statewide Guardian ad Litem Office: 1793
(a) May authorize the use of facilities and property other 1794
than money that are owned by the Statewide Guardian ad Litem 1795
Office to be used by the state direct-support organization or a 1796
local direct-support organization . 1797
(b) May authorize the use of personal services provided by 1798
employees of the Statewide Guardian ad Litem Office to be used 1799
by the state direct-support organization or a local direct -1800
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support organization. For the purposes of this section, the term 1801
"personal services" includes full -time personnel and part -time 1802
personnel as well as payroll processing. 1803
(c) May prescribe the conditions by which the state 1804
direct-support organization or a local direct-support 1805
organization may use property, facilities, or personal services 1806
of the office or the state direct-support organization . 1807
(d) May Shall not authorize the use of property, 1808
facilities, or personal services by the state of the direct-1809
support organization or a local direct-support organization if 1810
the organization does not provide equal employment opportunities 1811
to all persons, regardless of race, color, religion, sex, age, 1812
or national origin. 1813
(5) MONEYS.—Moneys of the state direct-support 1814
organization or a local direct-support organization must may be 1815
held in a separate depository account in the name of the direct -1816
support organization and subject to the provisions of the 1817
contract with the Statewide Guardian ad Litem Office. 1818
(6) ANNUAL AUDIT.—The state direct-support organization 1819
and a local direct-support organization must shall provide for 1820
an annual financial audit in accordance with s. 215.981. 1821
(7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—1822
The state direct-support organization and a local direct-support 1823
organization may shall not exercise any power under s. 1824
617.0302(12) or (16). A No state employee may not shall receive 1825
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compensation from the state direct-support organization or a 1826
local direct-support organization for service on the board of 1827
directors or for services rendered to the direct -support 1828
organization. 1829
Section 35. Section 1009.898, Florida Statutes, is created 1830
to read: 1831
1009.898 Pathway to Prosperity grants. — 1832
(1) The Pathway to Prosperi ty program shall administer the 1833
following grants to youth and young adults aging out of foster 1834
care: 1835
(a) Grants to provide financial literacy instruction using 1836
a curriculum developed by the Department of Financial Services. 1837
(b) Grants to provide SAT an d ACT preparation, including 1838
one-on-one support and fee waivers for the examinations. 1839
(c) Grants to youth and young adults planning to pursue 1840
trade careers or paid apprenticeships. 1841
(2) If a youth who is aging out of foster care is reunited 1842
with his or her parents, the grants remain available for the 1843
youth for up to 6 months after reunification. 1844
Section 36. Subsection (1) of section 39.302, Florida 1845
Statutes, is amended to read: 1846
39.302 Protective investigations of institutional child 1847
abuse, abandonment, or neglect.— 1848
(1) The department shall conduct a child protective 1849
investigation of each report of institutional child abuse, 1850
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abandonment, or neglect. Upon receipt of a report that alleges 1851
that an employee or agent of the department, or any other enti ty 1852
or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 1853
acting in an official capacity, has committed an act of child 1854
abuse, abandonment, or neglect, the department shall initiate a 1855
child protective investigation within the timeframe established 1856
under s. 39.101(2) and notify the appropriate state attorney, 1857
law enforcement agency, and licensing agency, which shall 1858
immediately conduct a joint investigation, unless independent 1859
investigations are more feasible. When conducting investigations 1860
or having face-to-face interviews with the child, investigation 1861
visits shall be unannounced unless it is determined by the 1862
department or its agent that unannounced visits threaten the 1863
safety of the child. If a facility is exempt from licensing, the 1864
department shall inform the owner or operator of the facility of 1865
the report. Each agency conducting a joint investigation is 1866
entitled to full access to the information gathered by the 1867
department in the course of the investigation. A protective 1868
investigation must include an interview with the child's parent 1869
or legal guardian. The department shall make a full written 1870
report to the state attorney within 3 business days after making 1871
the oral report. A criminal investigation shall be coordinated, 1872
whenever possible, with the ch ild protective investigation of 1873
the department. Any interested person who has information 1874
regarding the offenses described in this subsection may forward 1875
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a statement to the state attorney as to whether prosecution is 1876
warranted and appropriate. Within 15 da ys after the completion 1877
of the investigation, the state attorney shall report the 1878
findings to the department and shall include in the report a 1879
determination of whether or not prosecution is justified and 1880
appropriate in view of the circumstances of the spec ific case. 1881
Section 37. Paragraph (c) of subsection (1) of section 1882
39.521, Florida Statutes, is amended to read: 1883
39.521 Disposition hearings; powers of disposition. — 1884
(1) A disposition hearing shall be conducted by the court, 1885
if the court finds that the facts alleged in the petition for 1886
dependency were proven in the adjudicatory hearing, or if the 1887
parents or legal custodians have consented to the finding of 1888
dependency or admitted the allegations in the petition, have 1889
failed to appear for the arraignme nt hearing after proper 1890
notice, or have not been located despite a diligent search 1891
having been conducted. 1892
(c) When any child is adjudicated by a court to be 1893
dependent, the court having jurisdiction of the child has the 1894
power by order to: 1895
1. Require the parent and, when appropriate, the legal 1896
guardian or the child to participate in treatment and services 1897
identified as necessary. The court may require the person who 1898
has custody or who is requesting custody of the child to submit 1899
to a mental health or subs tance abuse disorder assessment or 1900
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evaluation. The order may be made only upon good cause shown and 1901
pursuant to notice and procedural requirements provided under 1902
the Florida Rules of Juvenile Procedure. The mental health 1903
assessment or evaluation must be ad ministered by a qualified 1904
professional as defined in s. 39.01, and the substance abuse 1905
assessment or evaluation must be administered by a qualified 1906
professional as defined in s. 397.311. The court may also 1907
require such person to participate in and comply w ith treatment 1908
and services identified as necessary, including, when 1909
appropriate and available, participation in and compliance with 1910
a mental health court program established under chapter 394 or a 1911
treatment-based drug court program established under s. 397 .334. 1912
Adjudication of a child as dependent based upon evidence of harm 1913
as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 1914
cause, and the court shall require the parent whose actions 1915
caused the harm to submit to a substance abuse disorder 1916
assessment or evaluation and to participate and comply with 1917
treatment and services identified in the assessment or 1918
evaluation as being necessary. In addition to supervision by the 1919
department, the court, including the mental health court program 1920
or the treatment-based drug court program, may oversee the 1921
progress and compliance with treatment by a person who has 1922
custody or is requesting custody of the child. The court may 1923
impose appropriate available sanctions for noncompliance upon a 1924
person who has custody or is requesting custody of the child or 1925
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make a finding of noncompliance for consideration in determining 1926
whether an alternative placement of the child is in the child's 1927
best interests. Any order entered under this subparagraph may be 1928
made only upon good cause s hown. This subparagraph does not 1929
authorize placement of a child with a person seeking custody of 1930
the child, other than the child's parent or legal custodian, who 1931
requires mental health or substance abuse disorder treatment. 1932
2. Require, if the court deems necessary, the parties to 1933
participate in dependency mediation. 1934
3. Require placement of the child either under the 1935
protective supervision of an authorized agent of the department 1936
in the home of one or both of the child's parents or in the home 1937
of a relative of the child or another adult approved by the 1938
court, or in the custody of the department. Protective 1939
supervision continues until the court terminates it or until the 1940
child reaches the age of 18, whichever date is first. Protective 1941
supervision shall be terminated by the court whenever the court 1942
determines that permanency has been achieved for the child, 1943
whether with a parent, another relative, or a legal custodian, 1944
and that protective supervision is no longer needed. The 1945
termination of supervision may be with or without retaining 1946
jurisdiction, at the court's discretion, and shall in either 1947
case be considered a permanency option for the child. The order 1948
terminating supervision by the department must set forth the 1949
powers of the custodian of the child and in clude the powers 1950
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ordinarily granted to a guardian of the person of a minor unless 1951
otherwise specified. Upon the court's termination of supervision 1952
by the department, further judicial reviews are not required if 1953
permanency has been established for the child . 1954
4. Determine whether the child has a strong attachment to 1955
the prospective permanent guardian and whether such guardian has 1956
a strong commitment to permanently caring for the child. 1957
Section 38. Paragraph (d) of subsection (4) of section 1958
119.071, Florida Statutes, is amended to read: 1959
119.071 General exemptions from inspection or copying of 1960
public records.— 1961
(4) AGENCY PERSONNEL INFORMATION. — 1962
(d)1. For purposes of this paragraph, the term: 1963
a. "Home addresses" means the dwelling location at which 1964
an individual resides and includes the physical address, mailing 1965
address, street address, parcel identification number, plot 1966
identification number, legal property description, neighborhood 1967
name and lot number, GPS coordinates, and any other descriptive 1968
property information that may reveal the home address. 1969
b. "Telephone numbers" includes home telephone numbers, 1970
personal cellular telephone numbers, personal pager telephone 1971
numbers, and telephone numbers associated with personal 1972
communications devices. 1973
2.a. The home addresses, telephone numbers, dates of 1974
birth, and photographs of active or former sworn law enforcement 1975
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personnel or of active or former civilian personnel employed by 1976
a law enforcement agency, including correctional and 1977
correctional probation officers, personnel of the Department of 1978
Children and Families whose duties include the investigation of 1979
abuse, neglect, exploitation, fraud, theft, or other criminal 1980
activities, personnel of the Department of Health whose duties 1981
are to support the investi gation of child abuse or neglect, and 1982
personnel of the Department of Revenue or local governments 1983
whose responsibilities include revenue collection and 1984
enforcement or child support enforcement; the names, home 1985
addresses, telephone numbers, photographs, dat es of birth, and 1986
places of employment of the spouses and children of such 1987
personnel; and the names and locations of schools and day care 1988
facilities attended by the children of such personnel are exempt 1989
from s. 119.07(1) and s. 24(a), Art. I of the State 1990
Constitution. 1991
b. The home addresses, telephone numbers, dates of birth, 1992
and photographs of current or former nonsworn investigative 1993
personnel of the Department of Financial Services whose duties 1994
include the investigation of fraud, theft, workers' compensat ion 1995
coverage requirements and compliance, other related criminal 1996
activities, or state regulatory requirement violations; the 1997
names, home addresses, telephone numbers, dates of birth, and 1998
places of employment of the spouses and children of such 1999
personnel; and the names and locations of schools and day care 2000
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facilities attended by the children of such personnel are exempt 2001
from s. 119.07(1) and s. 24(a), Art. I of the State 2002
Constitution. 2003
c. The home addresses, telephone numbers, dates of birth, 2004
and photographs of current or former nonsworn investigative 2005
personnel of the Office of Financial Regulation's Bureau of 2006
Financial Investigations whose duties include the investigation 2007
of fraud, theft, other related criminal activities, or state 2008
regulatory requirement vi olations; the names, home addresses, 2009
telephone numbers, dates of birth, and places of employment of 2010
the spouses and children of such personnel; and the names and 2011
locations of schools and day care facilities attended by the 2012
children of such personnel are ex empt from s. 119.07(1) and s. 2013
24(a), Art. I of the State Constitution. 2014
d. The home addresses, telephone numbers, dates of birth, 2015
and photographs of current or former firefighters certified in 2016
compliance with s. 633.408; the names, home addresses, telephone 2017
numbers, photographs, dates of birth, and places of employment 2018
of the spouses and children of such firefighters; and the names 2019
and locations of schools and day care facilities attended by the 2020
children of such firefighters are exempt from s. 119.0 7(1) and 2021
s. 24(a), Art. I of the State Constitution. 2022
e. The home addresses, dates of birth, and telephone 2023
numbers of current or former justices of the Supreme Court, 2024
district court of appeal judges, circuit court judges, and 2025
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county court judges; the name s, home addresses, telephone 2026
numbers, dates of birth, and places of employment of the spouses 2027
and children of current or former justices and judges; and the 2028
names and locations of schools and day care facilities attended 2029
by the children of current or forme r justices and judges are 2030
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2031
Constitution. 2032
f. The home addresses, telephone numbers, dates of birth, 2033
and photographs of current or former state attorneys, assistant 2034
state attorneys, statewide prosec utors, or assistant statewide 2035
prosecutors; the names, home addresses, telephone numbers, 2036
photographs, dates of birth, and places of employment of the 2037
spouses and children of current or former state attorneys, 2038
assistant state attorneys, statewide prosecutor s, or assistant 2039
statewide prosecutors; and the names and locations of schools 2040
and day care facilities attended by the children of current or 2041
former state attorneys, assistant state attorneys, statewide 2042
prosecutors, or assistant statewide prosecutors are ex empt from 2043
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2044
g. The home addresses, dates of birth, and telephone 2045
numbers of general magistrates, special magistrates, judges of 2046
compensation claims, administrative law judges of the Division 2047
of Administrative Hearings, and child support enforcement 2048
hearing officers; the names, home addresses, telephone numbers, 2049
dates of birth, and places of employment of the spouses and 2050
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children of general magistrates, special magistrates, judges of 2051
compensation claims, administrative law judges of the Division 2052
of Administrative Hearings, and child support enforcement 2053
hearing officers; and the names and locations of schools and day 2054
care facilities attended by the children of general magistrates, 2055
special magistrates, judges of compensation claims, 2056
administrative law judges of the Division of Administrative 2057
Hearings, and child support enforcement hearing officers are 2058
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2059
Constitution. 2060
h. The home addresses, tele phone numbers, dates of birth, 2061
and photographs of current or former human resource, labor 2062
relations, or employee relations directors, assistant directors, 2063
managers, or assistant managers of any local government agency 2064
or water management district whose dut ies include hiring and 2065
firing employees, labor contract negotiation, administration, or 2066
other personnel-related duties; the names, home addresses, 2067
telephone numbers, dates of birth, and places of employment of 2068
the spouses and children of such personnel; an d the names and 2069
locations of schools and day care facilities attended by the 2070
children of such personnel are exempt from s. 119.07(1) and s. 2071
24(a), Art. I of the State Constitution. 2072
i. The home addresses, telephone numbers, dates of birth, 2073
and photographs of current or former code enforcement officers; 2074
the names, home addresses, telephone numbers, dates of birth, 2075
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and places of employment of the spouses and children of such 2076
personnel; and the names and locations of schools and day care 2077
facilities attended b y the children of such personnel are exempt 2078
from s. 119.07(1) and s. 24(a), Art. I of the State 2079
Constitution. 2080
j. The home addresses, telephone numbers, places of 2081
employment, dates of birth, and photographs of current or former 2082
guardians ad litem, as defi ned in s. 39.01 s. 39.820; the names, 2083
home addresses, telephone numbers, dates of birth, and places of 2084
employment of the spouses and children of such persons; and the 2085
names and locations of schools and day care facilities attended 2086
by the children of such p ersons are exempt from s. 119.07(1) and 2087
s. 24(a), Art. I of the State Constitution. 2088
k. The home addresses, telephone numbers, dates of birth, 2089
and photographs of current or former juvenile probation 2090
officers, juvenile probation supervisors, detention 2091
superintendents, assistant detention superintendents, juvenile 2092
justice detention officers I and II, juvenile justice detention 2093
officer supervisors, juvenile justice residential officers, 2094
juvenile justice residential officer supervisors I and II, 2095
juvenile justice counselors, juvenile justice counselor 2096
supervisors, human services counselor administrators, senior 2097
human services counselor administrators, rehabilitation 2098
therapists, and social services counselors of the Department of 2099
Juvenile Justice; the names, home addresses, telephone numbers, 2100
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dates of birth, and places of employment of spouses and children 2101
of such personnel; and the names and locations of schools and 2102
day care facilities attended by the children of such personnel 2103
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2104
Constitution. 2105
l. The home addresses, telephone numbers, dates of birth, 2106
and photographs of current or former public defenders, assistant 2107
public defenders, criminal conflict and civil regional counsel, 2108
and assistant criminal co nflict and civil regional counsel; the 2109
names, home addresses, telephone numbers, dates of birth, and 2110
places of employment of the spouses and children of current or 2111
former public defenders, assistant public defenders, criminal 2112
conflict and civil regional co unsel, and assistant criminal 2113
conflict and civil regional counsel; and the names and locations 2114
of schools and day care facilities attended by the children of 2115
current or former public defenders, assistant public defenders, 2116
criminal conflict and civil region al counsel, and assistant 2117
criminal conflict and civil regional counsel are exempt from s. 2118
119.07(1) and s. 24(a), Art. I of the State Constitution. 2119
m. The home addresses, telephone numbers, dates of birth, 2120
and photographs of current or former investigato rs or inspectors 2121
of the Department of Business and Professional Regulation; the 2122
names, home addresses, telephone numbers, dates of birth, and 2123
places of employment of the spouses and children of such current 2124
or former investigators and inspectors; and the n ames and 2125
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locations of schools and day care facilities attended by the 2126
children of such current or former investigators and inspectors 2127
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2128
Constitution. 2129
n. The home addresses, telephone numbers, a nd dates of 2130
birth of county tax collectors; the names, home addresses, 2131
telephone numbers, dates of birth, and places of employment of 2132
the spouses and children of such tax collectors; and the names 2133
and locations of schools and day care facilities attended b y the 2134
children of such tax collectors are exempt from s. 119.07(1) and 2135
s. 24(a), Art. I of the State Constitution. 2136
o. The home addresses, telephone numbers, dates of birth, 2137
and photographs of current or former personnel of the Department 2138
of Health whose duties include, or result in, the determination 2139
or adjudication of eligibility for social security disability 2140
benefits, the investigation or prosecution of complaints filed 2141
against health care practitioners, or the inspection of health 2142
care practitioners o r health care facilities licensed by the 2143
Department of Health; the names, home addresses, telephone 2144
numbers, dates of birth, and places of employment of the spouses 2145
and children of such personnel; and the names and locations of 2146
schools and day care facilit ies attended by the children of such 2147
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2148
the State Constitution. 2149
p. The home addresses, telephone numbers, dates of birth, 2150
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and photographs of current or former impaired practitioner 2151
consultants who are retained by an agency or current or former 2152
employees of an impaired practitioner consultant whose duties 2153
result in a determination of a person's skill and safety to 2154
practice a licensed profession; the names, home addresses, 2155
telephone numbers, dates of birth, and places of employment of 2156
the spouses and children of such consultants or their employees; 2157
and the names and locations of schools and day care facilities 2158
attended by the children of such consultants or employees are 2159
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2160
Constitution. 2161
q. The home addresses, telephone numbers, dates of birth, 2162
and photographs of current or former emergency medical 2163
technicians or paramedics certified under chapter 401; the 2164
names, home addresses, telephone numb ers, dates of birth, and 2165
places of employment of the spouses and children of such 2166
emergency medical technicians or paramedics; and the names and 2167
locations of schools and day care facilities attended by the 2168
children of such emergency medical technicians or paramedics are 2169
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2170
Constitution. 2171
r. The home addresses, telephone numbers, dates of birth, 2172
and photographs of current or former personnel employed in an 2173
agency's office of inspector general or intern al audit 2174
department whose duties include auditing or investigating waste, 2175
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fraud, abuse, theft, exploitation, or other activities that 2176
could lead to criminal prosecution or administrative discipline; 2177
the names, home addresses, telephone numbers, dates of bi rth, 2178
and places of employment of spouses and children of such 2179
personnel; and the names and locations of schools and day care 2180
facilities attended by the children of such personnel are exempt 2181
from s. 119.07(1) and s. 24(a), Art. I of the State 2182
Constitution. 2183
s. The home addresses, telephone numbers, dates of birth, 2184
and photographs of current or former directors, managers, 2185
supervisors, nurses, and clinical employees of an addiction 2186
treatment facility; the home addresses, telephone numbers, 2187
photographs, dates of birth, and places of employment of the 2188
spouses and children of such personnel; and the names and 2189
locations of schools and day care facilities attended by the 2190
children of such personnel are exempt from s. 119.07(1) and s. 2191
24(a), Art. I of the State Const itution. For purposes of this 2192
sub-subparagraph, the term "addiction treatment facility" means 2193
a county government, or agency thereof, that is licensed 2194
pursuant to s. 397.401 and provides substance abuse prevention, 2195
intervention, or clinical treatment, incl uding any licensed 2196
service component described in s. 397.311(26). 2197
t. The home addresses, telephone numbers, dates of birth, 2198
and photographs of current or former directors, managers, 2199
supervisors, and clinical employees of a child advocacy center 2200
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that meets the standards of s. 39.3035(2) and fulfills the 2201
screening requirement of s. 39.3035(3), and the members of a 2202
Child Protection Team as described in s. 39.303 whose duties 2203
include supporting the investigation of child abuse or sexual 2204
abuse, child abandonme nt, child neglect, and child exploitation 2205
or to provide services as part of a multidisciplinary case 2206
review team; the names, home addresses, telephone numbers, 2207
photographs, dates of birth, and places of employment of the 2208
spouses and children of such person nel and members; and the 2209
names and locations of schools and day care facilities attended 2210
by the children of such personnel and members are exempt from s. 2211
119.07(1) and s. 24(a), Art. I of the State Constitution. 2212
u. The home addresses, telephone numbers, places of 2213
employment, dates of birth, and photographs of current or former 2214
staff and domestic violence advocates, as defined in s. 2215
90.5036(1)(b), of domestic violence centers certified by the 2216
Department of Children and Families under chapter 39; the names, 2217
home addresses, telephone numbers, places of employment, dates 2218
of birth, and photographs of the spouses and children of such 2219
personnel; and the names and locations of schools and day care 2220
facilities attended by the children of such personnel are exempt 2221
from s. 119.07(1) and s. 24(a), Art. I of the State 2222
Constitution. 2223
3. An agency that is the custodian of the information 2224
specified in subparagraph 2. and that is not the employer of the 2225
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officer, employee, justice, judge, or other person specified in 2226
subparagraph 2. must maintain the exempt status of that 2227
information only if the officer, employee, justice, judge, other 2228
person, or employing agency of the designated employee submits a 2229
written and notarized request for maintenance of the exemption 2230
to the custodial agency. The request must state under oath the 2231
statutory basis for the individual's exemption request and 2232
confirm the individual's status as a party eligible for exempt 2233
status. 2234
4.a. A county property appraiser, as defined in s. 2235
192.001(3), or a county tax collector, as defined in s. 2236
192.001(4), who receives a written and notarized request for 2237
maintenance of the exemption pursuant to subparagraph 3. must 2238
comply by removing the name of the individual with exempt status 2239
and the instrument number or Officia l Records book and page 2240
number identifying the property with the exempt status from all 2241
publicly available records maintained by the property appraiser 2242
or tax collector. For written requests received on or before 2243
July 1, 2021, a county property appraiser o r county tax 2244
collector must comply with this sub -subparagraph by October 1, 2245
2021. A county property appraiser or county tax collector may 2246
not remove the street address, legal description, or other 2247
information identifying real property within the agency's 2248
records so long as a name or personal information otherwise 2249
exempt from inspection and copying pursuant to this section are 2250
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not associated with the property or otherwise displayed in the 2251
public records of the agency. 2252
b. Any information restricted from pub lic display, 2253
inspection, or copying under sub -subparagraph a. must be 2254
provided to the individual whose information was removed. 2255
5. An officer, an employee, a justice, a judge, or other 2256
person specified in subparagraph 2. may submit a written request 2257
for the release of his or her exempt information to the 2258
custodial agency. The written request must be notarized and must 2259
specify the information to be released and the party authorized 2260
to receive the information. Upon receipt of the written request, 2261
the custodial agency must release the specified information to 2262
the party authorized to receive such information. 2263
6. The exemptions in this paragraph apply to information 2264
held by an agency before, on, or after the effective date of the 2265
exemption. 2266
7. Information made exempt under this paragraph may be 2267
disclosed pursuant to s. 28.2221 to a title insurer authorized 2268
pursuant to s. 624.401 and its affiliates as defined in s. 2269
624.10; a title insurance agent or title insurance agency as 2270
defined in s. 626.841(1) or (2), r espectively; or an attorney 2271
duly admitted to practice law in this state and in good standing 2272
with The Florida Bar. 2273
8. The exempt status of a home address contained in the 2274
Official Records is maintained only during the period when a 2275
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protected party reside s at the dwelling location. Upon 2276
conveyance of real property after October 1, 2021, and when such 2277
real property no longer constitutes a protected party's home 2278
address as defined in sub -subparagraph 1.a., the protected party 2279
must submit a written request to release the removed information 2280
to the county recorder. The written request to release the 2281
removed information must be notarized, must confirm that a 2282
protected party's request for release is pursuant to a 2283
conveyance of his or her dwelling location, and mu st specify the 2284
Official Records book and page, instrument number, or clerk's 2285
file number for each document containing the information to be 2286
released. 2287
9. Upon the death of a protected party as verified by a 2288
certified copy of a death certificate or court o rder, any party 2289
can request the county recorder to release a protected 2290
decedent's removed information unless there is a related request 2291
on file with the county recorder for continued removal of the 2292
decedent's information or unless such removal is otherwise 2293
prohibited by statute or by court order. The written request to 2294
release the removed information upon the death of a protected 2295
party must attach the certified copy of a death certificate or 2296
court order and must be notarized, must confirm the request for 2297
release is due to the death of a protected party, and must 2298
specify the Official Records book and page number, instrument 2299
number, or clerk's file number for each document containing the 2300
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information to be released. A fee may not be charged for the 2301
release of any document pursuant to such request. 2302
10. This paragraph is subject to the Open Government 2303
Sunset Review Act in accordance with s. 119.15 and shall stand 2304
repealed on October 2, 2024, unless reviewed and saved from 2305
repeal through reenactment by the Legisl ature. 2306
Section 39. Subsection (4) of section 322.09, Florida 2307
Statutes, is amended to read: 2308
322.09 Application of minors; responsibility for 2309
negligence or misconduct of minor. — 2310
(4) Notwithstanding subsections (1) and (2), if a 2311
caregiver of a minor who is under the age of 18 years and is in 2312
out-of-home care as defined in s. 39.01 s. 39.01(55), an 2313
authorized representative of a residential group home at which 2314
such a minor resides, the caseworker at the agency at which the 2315
state has placed the minor, or a guardian ad litem specifically 2316
authorized by the minor's caregiver to sign for a learner's 2317
driver license signs the minor's application for a learner's 2318
driver license, that caregiv er, group home representative, 2319
caseworker, or guardian ad litem does not assume any obligation 2320
or become liable for any damages caused by the negligence or 2321
willful misconduct of the minor by reason of having signed the 2322
application. Before signing the appli cation, the caseworker, 2323
authorized group home representative, or guardian ad litem shall 2324
notify the caregiver or other responsible party of his or her 2325
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intent to sign and verify the application. 2326
Section 40. Paragraph (p) of subsection (4) of section 2327
394.495, Florida Statutes, is amended to read: 2328
394.495 Child and adolescent mental health system of care; 2329
programs and services. — 2330
(4) The array of services may include, but is not limited 2331
to: 2332
(p) Trauma-informed services for children who have 2333
suffered sexual exploitation as defined in s. 39.01(80)(g) s. 2334
39.01(77)(g). 2335
Section 41. Section 627.746, Florida Statutes, is amended 2336
to read: 2337
627.746 Coverage for minors who have a learner's driver 2338
license; additional premium prohibited. —An insurer that issue s 2339
an insurance policy on a private passenger motor vehicle to a 2340
named insured who is a caregiver of a minor who is under the age 2341
of 18 years and is in out -of-home care as defined in s. 39.01 s. 2342
39.01(55) may not charge an additional premium for coverage of 2343
the minor while the minor is operating the insured vehicle, for 2344
the period of time that the minor has a learner's driver 2345
license, until such time as the minor obtains a driver license. 2346
Section 42. Paragraph (b) of subsection (9) of section 2347
768.28, Florida Statutes, is amended to read: 2348
768.28 Waiver of sovereign immunity in tort actions; 2349
recovery limits; civil liability for damages caused during a 2350
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riot; limitation on attorney fees; statute of limitations; 2351
exclusions; indemnification; risk management p rograms.— 2352
(9) 2353
(b) As used in this subsection, the term: 2354
1. "Employee" includes any volunteer firefighter. 2355
2. "Officer, employee, or agent" includes, but is not 2356
limited to, any health care provider when providing services 2357
pursuant to s. 766.1115; any nonprofit independent college or 2358
university located and chartered in this state which owns or 2359
operates an accredited medical school, and its employees or 2360
agents, when providing patient services pursuant to paragraph 2361
(10)(f); any public defender or her or his employee or agent, 2362
including an assistant public defender or an investigator; and 2363
any member of a Child Protection Team, as defined in s. 39.01 s. 2364
39.01(13), when carrying out her or his duties as a team member 2365
under the control, direction, and supervi sion of the state or 2366
any of its agencies or subdivisions. 2367
Section 43. Paragraph (c) of subsection (1) of section 2368
934.255, Florida Statutes, is amended to read: 2369
934.255 Subpoenas in investigations of sexual offenses. — 2370
(1) As used in this section, th e term: 2371
(c) "Sexual abuse of a child" means a criminal offense 2372
based on any conduct described in s. 39.01(80) s. 39.01(77). 2373
Section 44. Subsection (5) of section 960.065, Florida 2374
Statutes, is amended to read: 2375
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960.065 Eligibility for awards. — 2376
(5) A person is not ineligible for an award pursuant to 2377
paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2378
person is a victim of sexual exploitation of a child as defined 2379
in s. 39.01(80)(g) s. 39.01(77)(g). 2380
Section 45. The Division of Law Revi sion is requested to 2381
prepare a reviser's bill for the 2024 Regular Session of the 2382
Legislature to substitute the term "Statewide Guardian ad Litem 2383
Office" for the term "Statewide Guardian Ad Litem Program" 2384
throughout the Florida Statutes. 2385
Section 46. This act shall take effect July 1, 2023. 2386