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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
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 a guardian ad 17
litem to represent a child in other proceedings to 18
secure certain services and benefits; authorizing the 19
court to appoint an attorney ad litem for a child 20
after it makes certain determinations; authorizing an 21
attorney ad litem to represent a child in other 22
proceedings to secure certain services and benefits; 23
amending s. 39.01305, F.S.; revising provisions 24
relating to the appointment of an attorney for certain 25
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children; revising legislative findings; authorizing 26
the court to appoint an attorney ad litem for a child 27
after making certain determinations; providing 28
requirements for the appointment and discharge of an 29
attorney ad litem; authorizing an attorney ad litem to 30
represent a child in other proceedings to secure 31
certain services and benefits; conforming provisions 32
to changes made by the act; providing applicability; 33
amending s. 39.0132, F.S.; authorizing a child's 34
attorney ad litem to inspect certain records; amending 35
s. 39.0136, F.S.; revising the parties who may r equest 36
a continuance in a proceeding; amending s. 39.0139, 37
F.S.; conforming provisions to changes made by the 38
act; amending s. 39.202, F.S.; requiring that certain 39
confidential records be released to the guardian ad 40
litem and attorney ad litem; conforming a cross-41
reference; amending s. 39.402, F.S.; requiring parents 42
to consent to provide certain information to the 43
guardian ad litem and attorney ad litem; conforming 44
provisions to changes made by the act; amending s. 45
39.4022, F.S.; revising the participants who must be 46
invited to a multidisciplinary team staffing; amending 47
s. 39.4023, F.S.; requiring notice of a 48
multidisciplinary team staffing be provided to a 49
child's guardian ad litem and attorney ad litem; 50
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conforming provisions to changes made by the act; 51
amending s. 39.407, F.S.; conforming provisions to 52
changes made by the act; amending s. 39.4085, F.S.; 53
providing a goal of permanency; conforming provisions 54
to changes made by the act; amending s. 39.522, F.S.; 55
conforming provisions to changes made by the a ct; 56
amending s. 39.6012, F.S.; requiring a case plan to 57
include written descriptions of certain activities; 58
conforming a cross-reference; creating s. 39.6036, 59
F.S.; providing legislative findings and intent; 60
requiring the Statewide Guardian ad Litem Office to 61
work with certain children to identify a supportive 62
adult to enter into a specified agreement; requiring 63
such agreement be documented in the child's court 64
file; requiring the office to coordinate with the 65
Office of Continuing Care for a specified purpo se; 66
amending s. 39.621, F.S.; conforming provisions to 67
changes made by the act; amending s. 39.6241, F.S.; 68
requiring a guardian ad litem to advise the court 69
regarding certain information and to ensure a certain 70
agreement has been documented in the child's court 71
file; amending s. 39.701, F.S.; requiring certain 72
notice be given to an attorney ad litem; requiring a 73
court to give a guardian ad litem an opportunity to 74
address the court in certain proceedings; requiring 75
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the court to inquire and determine if a chi ld has a 76
certain agreement documented in his or her court file 77
at a specified hearing; conforming provisions to 78
changes made by the act; amending s. 39.801, F.S.; 79
conforming provisions to changes made by the act; 80
amending s. 39.807, F.S.; requiring a court to appoint 81
a guardian ad litem to represent the child; revising a 82
guardian ad litem's responsibilities and authorities; 83
deleting provisions relating to bonds and service of 84
pleadings or papers; amending s. 39.808, F.S.; 85
conforming provisions to changes ma de by the act; 86
amending s. 39.815, F.S.; conforming provisions to 87
changes made by the act; repealing s. 39.820, F.S., 88
relating to definitions of the terms "guardian ad 89
litem" and "guardian advocate"; amending s. 39.821, 90
F.S.; conforming provisions to chang es made by the 91
act; amending s. 39.822, F.S.; providing that a 92
guardian ad litem is a fiduciary and must provide 93
independent representation to a child; revising 94
responsibilities of a guardian ad litem; requiring 95
that guardians ad litem have certain access to the 96
children the guardians ad litem represent; providing 97
actions that a guardian ad litem does or does not have 98
to fulfill; amending s. 39.827, F.S.; authorizing a 99
child's guardian ad litem and attorney ad litem to 100
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inspect certain records; amending s. 3 9.8296, F.S.; 101
revising the duties and appointment of the executive 102
director of the Statewide Guardian ad Litem Office; 103
requiring the training program for guardians ad litem 104
to be updated regularly; requiring the office to 105
provide oversight and technical as sistance to 106
attorneys ad litem; specifying certain requirements of 107
the office; amending s. 39.8297, F.S.; conforming 108
provisions to changes made by the act; amending s. 109
39.8298, F.S.; authorizing the executive director of 110
the Statewide Guardian ad Litem Off ice to create or 111
designate local direct -support organizations; 112
providing responsibilities for the executive director 113
of the office; requiring that certain moneys be held 114
in a separate depository account; conforming 115
provisions to changes made by the act; cr eating s. 116
1009.898, F.S.; authorizing the Pathway to Prosperity 117
program to provide certain grants to youth and young 118
adults who are aging out of foster care; requiring 119
grants to extend for a certain period of time after a 120
recipient is reunited with his or her parents; 121
amending ss. 39.302, 39.521, 119.071, 322.09, 394.495, 122
627.746, 768.28, 934.255, and 960.065, F.S.; 123
conforming cross-references; providing a directive to 124
the Division of Law Revision; providing an effective 125
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date; 126
127
Be It Enacted by the Legi slature of the State of Florida: 128
129
Section 1. Paragraph (j) of subsection (1) and paragraph 130
(a) of subsection (10) of section 39.001, Florida Statutes, are 131
amended to read: 132
39.001 Purposes and intent; personnel standards and 133
screening.— 134
(1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 135
(j) To ensure that, when reunification or adoption is not 136
possible, the child will be prepared for alternative permanency 137
goals or placements, to include, but not be limited to, long -138
term foster care, indepe ndent living, custody to a relative on a 139
permanent basis with or without legal guardianship, or custody 140
to a foster parent or legal custodian on a permanent basis with 141
or without legal guardianship. Permanency for a child who is 142
transitioning from foster c are to independent living includes 143
naturally occurring, lifelong, kin -like connections between the 144
child and a supportive adult. 145
(10) PLAN FOR COMPREHENSIVE APPROACH. — 146
(a) The office shall develop a state plan for the 147
promotion of adoption, support of adoptive families, and 148
prevention of abuse, abandonment, and neglect of children. The 149
Department of Children and Families, the Department of 150
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Corrections, the Department of Education, the Department of 151
Health, the Department of Juvenile Justice, the Departm ent of 152
Law Enforcement, the Statewide Guardian ad Litem Office, and the 153
Agency for Persons with Disabilities shall participate and fully 154
cooperate in the development of the state plan at both the state 155
and local levels. Furthermore, appropriate local agenc ies and 156
organizations shall be provided an opportunity to participate in 157
the development of the state plan at the local level. 158
Appropriate local groups and organizations shall include, but 159
not be limited to, community mental health centers; circuit 160
guardian ad litem offices programs for children under the 161
circuit court; the school boards of the local school districts; 162
the Florida local advocacy councils; community -based care lead 163
agencies; private or public organizations or programs with 164
recognized expertise in working with child abuse prevention 165
programs for children and families; private or public 166
organizations or programs with recognized expertise in working 167
with children who are sexually abused, physically abused, 168
emotionally abused, abandoned, or neglec ted and with expertise 169
in working with the families of such children; private or public 170
programs or organizations with expertise in maternal and infant 171
health care; multidisciplinary Child Protection Teams; child day 172
care centers; law enforcement agencies; and the circuit courts , 173
when guardian ad litem programs are not available in the local 174
area. The state plan to be provided to the Legislature and the 175
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Governor shall include, as a minimum, the information required 176
of the various groups in paragraph (b). 177
Section 2. Subsection (2) of section 39.00145, Florida 178
Statutes, is amended to read: 179
39.00145 Records concerning children. — 180
(2) Notwithstanding any other provision of this chapter, 181
all records in a child's case record must be made available for 182
inspection, upon request, to the child who is the subject of the 183
case record and to the child's caregiver, guardian ad litem, or 184
attorney ad litem, if one is appointed . 185
(a) A complete and accurate copy of any record in a 186
child's case record must be provided, upon request and at no 187
cost, to the child who is the subject of the case record and to 188
the child's caregiver, guardian ad litem, or attorney ad litem, 189
if one is appointed. 190
(b) The department shall release the information in a 191
manner and setting that are appropriate to the age and maturity 192
of the child and the nature of the information being released, 193
which may include the release of information in a therapeutic 194
setting, if appropriate. This paragraph does not deny the child 195
access to his or her records. 196
(c) If a child or the child's caregiver, guardian ad 197
litem, or attorney ad litem, if one is appointed, requests 198
access to the child's case record, any person or entity that 199
fails to provide any record in the case record under assertion 200
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of a claim of exemption from the public records requirements of 201
chapter 119, or fails to provide access within a reasonable 202
time, is subject to sanctions and penalties under s. 119.10. 203
(d) For the purposes of this subsection, the term 204
"caregiver" is limited to parents, leg al custodians, permanent 205
guardians, or foster parents; employees of a residential home, 206
institution, facility, or agency at which the child resides; and 207
other individuals legally responsible for a child's welfare in a 208
residential setting. 209
Section 3. Paragraph (a) of subsection (2) of section 210
39.00146, Florida Statutes, is amended to read: 211
39.00146 Case record face sheet. — 212
(2) The case record of every child under the supervision 213
or in the custody of the department or the department's 214
authorized agents, including community -based care lead agencies 215
and their subcontracted providers, must include a face sheet 216
containing relevant information about the child and his or her 217
case, including at least all of the following: 218
(a) General case information, inc luding, but not limited 219
to, all of the following : 220
1. The child's name and date of birth .; 221
2. The current county of residence and the county of 222
residence at the time of the referral .; 223
3. The reason for the referral and any family safety 224
concerns.; 225
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4. The personal identifying information of the parents or 226
legal custodians who had custody of the child at the time of the 227
referral, including name, date of birth, and county of 228
residence.; 229
5. The date of removal from the home .; and 230
6. The name and cont act information of the attorney or 231
attorneys assigned to the case in all capacities, including the 232
attorney or attorneys that represent the department and the 233
parents, and the guardian ad litem , if one has been appointed . 234
Section 4. Paragraph (b) of su bsection (2) of section 235
39.0016, Florida Statutes, is amended to read: 236
39.0016 Education of abused, neglected, and abandoned 237
children; agency agreements; children having or suspected of 238
having a disability. — 239
(2) AGENCY AGREEMENTS. — 240
(b) The department shall enter into agreements with 241
district school boards or other local educational entities 242
regarding education and related services for children known to 243
the department who are of school age and children known to the 244
department who are younger than schoo l age but who would 245
otherwise qualify for services from the district school board. 246
Such agreements must shall include, but are not limited to: 247
1. A requirement that the department shall: 248
a. Ensure that children known to the department are 249
enrolled in school or in the best educational setting that meets 250
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the needs of the child. The agreement must shall provide for 251
continuing the enrollment of a child known to the department at 252
the school of origin when possible if it is in the best interest 253
of the child, with the goal of minimal disruption of education. 254
b. Notify the school and school district in which a child 255
known to the department is enrolled of the name and phone number 256
of the child known to the department caregiver and caseworker 257
for child safety purposes. 258
c. Establish a protocol for the department to share 259
information about a child known to the department with the 260
school district, consistent with the Family Educational Rights 261
and Privacy Act, since the sharing of information will assist 262
each agency in obtaining education and related services for the 263
benefit of the child. The protocol must require the district 264
school boards or other local educational entities to access the 265
department's Florida Safe Families Network to obtain information 266
about children known to the department, consistent with the 267
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 268
1232g. 269
d. Notify the school district of the department's case 270
planning for a child known to the department, both at the time 271
of plan development and plan review. Within the plan development 272
or review process, the school district may provide information 273
regarding the child known to the department if the school 274
district deems it desirable and appropriate. 275
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e. Show no prejudice against a caregiver who desires to 276
educate at home a child placed in his or her home through the 277
child welfare system. 278
2. A requirement that the district school board shall: 279
a. Provide the department with a general listing of the 280
services and information available from t he district school 281
board to facilitate educational access for a child known to the 282
department. 283
b. Identify all educational and other services provided by 284
the school and school district which the school district 285
believes are reasonably necessary to meet t he educational needs 286
of a child known to the department. 287
c. Determine whether transportation is available for a 288
child known to the department when such transportation will 289
avoid a change in school assignment due to a change in 290
residential placement. Reco gnizing that continued enrollment in 291
the same school throughout the time the child known to the 292
department is in out -of-home care is preferable unless 293
enrollment in the same school would be unsafe or otherwise 294
impractical, the department, the district scho ol board, and the 295
Department of Education shall assess the availability of 296
federal, charitable, or grant funding for such transportation. 297
d. Provide individualized student intervention or an 298
individual educational plan when a determination has been made 299
through legally appropriate criteria that intervention services 300
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are required. The intervention or individual educational plan 301
must include strategies to enable the child known to the 302
department to maximize the attainment of educational goals. 303
3. A requirement that the department and the district 304
school board shall cooperate in accessing the services and 305
supports needed for a child known to the department who has or 306
is suspected of having a disability to receive an appropriate 307
education consistent with the Individuals with Disabilities 308
Education Act and state implementing laws, rules, and 309
assurances. Coordination of services for a child known to the 310
department who has or is suspected of having a disability may 311
include: 312
a. Referral for screening. 313
b. Sharing of evaluations between the school district and 314
the department where appropriate. 315
c. Provision of education and related services appropriate 316
for the needs and abilities of the child known to the 317
department. 318
d. Coordination of services and plans between the school 319
and the residential setting to avoid duplication or conflicting 320
service plans. 321
e. Appointment of a surrogate parent, consistent with the 322
Individuals with Disabilities Education Act and pursuant to 323
subsection (3), for educational purpos es for a child known to 324
the department who qualifies. 325
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f. For each child known to the department 14 years of age 326
and older, transition planning by the department and all 327
providers, including the department's independent living program 328
staff and the guardian ad litem of the child , to meet the 329
requirements of the local school district for educational 330
purposes. 331
Section 5. Subsections (8) through (30) and (31) through 332
(87) of section 39.01, Florida Statutes, are renumbered as 333
subsections (9) through (31) a nd (34) through (90), 334
respectively, present subsections (9), (36), and (58) are 335
amended, and new subsections (8), (32), and (33) are added to 336
that section, to read: 337
39.01 Definitions.—When used in this chapter, unless the 338
context otherwise requires: 339
(8) "Attorney ad litem" means an attorney appointed by the 340
court to represent a child in a dependency case who has an 341
attorney-client relationship with the child under the rules 342
regulating The Florida Bar. 343
(10)(9) "Caregiver" means the parent, legal custod ian, 344
permanent guardian, adult household member, or other person 345
responsible for a child's welfare as defined in subsection 346
(57)(54). 347
(32) "Guardian ad litem" means a person or entity that is 348
a fiduciary appointed by the court to represent a child in any 349
civil, criminal, or administrative proceeding to which the child 350
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is a party, including, but not limited to, under this chapter, 351
which uses a best interest standard for decisionmaking and 352
advocacy. For purposes of this chapter, the term includes, but 353
is not limited to, the Statewide Guardian ad Litem Office, which 354
includes all circuit guardian ad litem offices and the duly 355
certified volunteers, staff, and attorneys assigned by the 356
Statewide Guardian ad Litem Office to represent children; a 357
court-appointed attorney; or a responsible adult who is 358
appointed by the court. A guardian ad litem is a party to the 359
judicial proceeding as a representative of the child and serves 360
until the jurisdiction of the court over the child terminates or 361
until excused by the court . 362
(33) "Guardian advocate" means a person appointed by the 363
court to act on behalf of a drug -dependent newborn under part XI 364
of this chapter. 365
(39)(36) "Institutional child abuse or neglect" means 366
situations of known or suspected child abuse or neglect i n which 367
the person allegedly perpetrating the child abuse or neglect is 368
an employee of a public or private school, public or private day 369
care center, residential home, institution, facility, or agency 370
or any other person at such institution responsible for the 371
child's welfare as defined in subsection (57)(54). 372
(61)(58) "Party" means the parent or parents of the child, 373
the petitioner, the department, the guardian ad litem or the 374
representative of the guardian ad litem program when the program 375
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has been appointed, and the child. The presence of the child may 376
be excused by order of the court when presence would not be in 377
the child's best interest. Notice to the child may be excused by 378
order of the court when the age, capacity, or other condition of 379
the child is such that the notice would be meaningless or 380
detrimental to the child. 381
Section 6. Subsection (11) of section 39.013, Florida 382
Statutes, is amended and subsection (13) is added to that 383
section, to read: 384
39.013 Procedures and jurisdiction; right to counsel; 385
guardian ad litem and attorney ad litem .— 386
(11) The court shall appoint a guardian ad litem at the 387
earliest possible time to represent a child throughout the 388
proceedings, including any appeals. The guardian ad litem may 389
represent the child in pro ceedings outside of the dependency 390
case to secure the services and benefits that provide for the 391
care, safety, and protection of the child encourage the 392
Statewide Guardian Ad Litem Office to provide greater 393
representation to those children who are within 1 year of 394
transferring out of foster care . 395
(13) The court may appoint an attorney ad litem for a 396
child if the court believes the child is in need of such 397
representation and determines that the child has a rational and 398
factual understanding of the proceedi ngs and sufficient present 399
ability to consult with an attorney with a reasonable degree of 400
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rational understanding. The attorney ad litem may represent the 401
child in proceedings outside of the dependency case to secure 402
services and benefits that provide for the care, safety, and 403
protection of the child. 404
Section 7. Section 39.01305, Florida Statutes, is amended 405
to read: 406
39.01305 Appointment of an attorney ad litem for a 407
dependent child with certain special needs .— 408
(1)(a) The Legislature finds that : 409
1. all children in proceedings under this chapter have 410
important interests at stake, such as health, safety, and well -411
being and the need to obtain permanency. While such children are 412
represented by the Statewide Guardian ad Litem Office using a 413
best interest standard of decisionmaking and advocacy, some 414
children may also need representation by an attorney ad litem in 415
proceedings under this chapter. 416
(2) The court may appoint an attorney ad litem for a child 417
if the court believes the child is in need of such 418
representation and determines that the child has a rational and 419
factual understanding of the proceedings and sufficient present 420
ability to consult with an attorney with a reasonable degree of 421
rational understanding. 422
2. A dependent child who has certain special needs has a 423
particular need for an attorney to represent the dependent child 424
in proceedings under this chapter, as well as in fair hearings 425
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and appellate proceedings, so that the attorney may address the 426
child's medical and related needs and the se rvices and supports 427
necessary for the child to live successfully in the community. 428
(b) The Legislature recognizes the existence of 429
organizations that provide attorney representation to children 430
in certain jurisdictions throughout the state. Further, the 431
statewide Guardian Ad Litem Program provides best interest 432
representation for dependent children in every jurisdiction in 433
accordance with state and federal law. The Legislature, 434
therefore, does not intend that funding provided for 435
representation under this section supplant proven and existing 436
organizations representing children. Instead, the Legislature 437
intends that funding provided for representation under this 438
section be an additional resource for the representation of more 439
children in these jurisdictions , to the extent necessary to meet 440
the requirements of this chapter, with the cooperation of 441
existing local organizations or through the expansion of those 442
organizations. The Legislature encourages the expansion of pro 443
bono representation for children. This section is not intended 444
to limit the ability of a pro bono attorney to appear on behalf 445
of a child. 446
(2) As used in this section, the term "dependent child" 447
means a child who is subject to any proceeding under this 448
chapter. The term does not require that a child be adjudicated 449
dependent for purposes of this section. 450
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(3) An attorney shall be appointed for a dependent child 451
who: 452
(a) Resides in a skilled nursing facility or is being 453
considered for placement in a skilled nursing home; 454
(b) Is prescribed a psychotropic medication but declines 455
assent to the psychotropic medication; 456
(c) Has a diagnosis of a developmental disability as 457
defined in s. 393.063; 458
(d) Is being placed in a residential treatment center or 459
being considered for placement in a resid ential treatment 460
center; or 461
(e) Is a victim of human trafficking as defined in s. 462
787.06(2)(d). 463
(3)(a)(4)(a) Before a court may appoint an attorney ad 464
litem, who may be compensated pursuant to this section, the 465
court must request a recommendation from the Statewide Guardian 466
ad Litem Office for an attorney who is willing to represent a 467
child without additional compensation. If such an attorney is 468
available within 15 days after the court's request, the court 469
must appoint that attorney. However, the court may appoint a 470
compensated attorney within the 15 -day period if the Statewide 471
Guardian ad Litem Office informs the court that the office is 472
unable it will not be able to recommend an attorney within that 473
time period. 474
(b) A court order appointing After an attorney ad litem 475
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under this section must be in writing. is appointed, the 476
appointment continues in effect until the attorney is allowed to 477
withdraw or is discha rged by The court must discharge or until 478
the case is dismissed. an attorney ad litem who is appointed 479
under this section if the need for such representation is 480
resolved. The attorney ad litem may represent the child in 481
proceedings outside of the dependenc y case to secure services 482
and benefits that provide for the care, safety, and protection 483
of the child to represent the child shall provide the complete 484
range of legal services, from the removal from home or from the 485
initial appointment through all availabl e appellate proceedings . 486
With the permission of the court, the attorney ad litem for the 487
dependent child may arrange for supplemental or separate counsel 488
to represent the child in appellate proceedings. A court order 489
appointing an attorney under this secti on must be in writing. 490
(4)(5) Unless the attorney ad litem has agreed to provide 491
pro bono services, an appointed attorney ad litem or 492
organization must be adequately compensated. All appointed 493
attorneys ad litem and organizations, including pro bono 494
attorneys, must be provided with access to funding for expert 495
witnesses, depositions, and other due process costs of 496
litigation. Payment of attorney fees and case -related due 497
process costs are subject to appropriations and review by the 498
Justice Administrative Commission for reasonableness. The 499
Justice Administrative Commission shall contract with attorneys 500
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ad litem appointed by the court. Attorney fees may not exceed 501
$1,000 per child per year. 502
(6) The department shall develop procedures to identify a 503
dependent child who has a special need specified under 504
subsection (3) and to request that a court appoint an attorney 505
for the child. 506
(7) The department may adopt rules to administer this 507
section. 508
(8) This section does not limit the authority of the court 509
to appoint an attorney for a dependent child in a proceeding 510
under this chapter. 511
(5)(9) Implementation of this section is subject to 512
appropriations expressly made for that purpose. 513
Section 8. The amendments made by this act to s. 39.01305, 514
Florida Statutes, apply only to attorney ad litem appointments 515
made on or after July 1, 2023. 516
Section 9. Subsection (3) of section 39.0132, Florida 517
Statutes, is amended to read: 518
39.0132 Oaths, records, and confidential information. — 519
(3) The clerk shall keep all court records required by 520
this chapter separate from other records of the circuit court. 521
All court records required by this chapter may shall not be open 522
to inspection by the public. All records may shall be inspected 523
only upon order of the court by perso ns deemed by the court to 524
have a proper interest therein, except that, subject to the 525
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provisions of s. 63.162, a child, and the parents of the child 526
and their attorneys, the guardian ad litem, criminal conflict 527
and civil regional counsels, law enforcement agencies, and the 528
department and its designees , and the attorney ad litem, if one 529
is appointed, shall always have the right to inspect and copy 530
any official record pertaining to the child. The Justice 531
Administrative Commission may inspect court dockets req uired by 532
this chapter as necessary to audit compensation of court -533
appointed attorneys ad litem. If the docket is insufficient for 534
purposes of the audit, the commission may petition the court for 535
additional documentation as necessary and appropriate. The co urt 536
may permit authorized representatives of recognized 537
organizations compiling statistics for proper purposes to 538
inspect and make abstracts from official records, under whatever 539
conditions upon their use and disposition the court may deem 540
proper, and may punish by contempt proceedings any violation of 541
those conditions. 542
Section 10. Paragraph (a) of subsection (3) of section 543
39.0136, Florida Statutes, is amended to read: 544
39.0136 Time limitations; continuances. — 545
(3) The time limitations in this chapte r do not include: 546
(a) Periods of delay resulting from a continuance granted 547
at the request of the child's counsel , or the child's guardian 548
ad litem, or attorney ad litem, if one is appointed , if the 549
child is of sufficient capacity to express reasonable c onsent, 550
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at the request or with the consent of the child . The court must 551
consider the best interests of the child when determining 552
periods of delay under this section. 553
Section 11. Paragraphs (a) and (b) of subsection (4) of 554
section 39.0139, Florida Stat utes, are amended to read: 555
39.0139 Visitation or other contact; restrictions. — 556
(4) HEARINGS.—A person who meets any of the criteria set 557
forth in paragraph (3)(a) who seeks to begin or resume contact 558
with the child victim shall have the right to an evid entiary 559
hearing to determine whether contact is appropriate. 560
(a) Before Prior to the hearing, the court shall appoint 561
an attorney ad litem or a guardian ad litem for the child if one 562
has not already been appointed. The guardian ad litem and Any 563
attorney ad litem, if one is or guardian ad litem appointed, 564
must shall have special training in the dynamics of child sexual 565
abuse. 566
(b) At the hearing, the court may receive and rely upon 567
any relevant and material evidence submitted to the extent of 568
its probative value, including written and oral reports or 569
recommendations from the Child Protection Team, the child's 570
therapist, the child's guardian ad litem, or the child's 571
attorney ad litem, if one is appointed, even if these reports, 572
recommendations, and evidence may not be admissible under the 573
rules of evidence. 574
Section 12. Paragraphs (d) and (t) of subsection (2) of 575
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section 39.202, Florida Statutes, are amended to read: 576
39.202 Confidentiality of reports and records in cases of 577
child abuse or neglect; excep tion.— 578
(2) Except as provided in subsection (4), access to such 579
records, excluding the name of, or other identifying information 580
with respect to, the reporter which may only shall be released 581
only as provided in subsection (5), may only shall be granted 582
only to the following persons, officials, and agencies: 583
(d) The parent or legal custodian of any child who is 584
alleged to have been abused, abandoned, or neglected ; the child; 585
the guardian ad litem; the attorney ad litem, if one is 586
appointed; or, and the child, and their attorneys, including any 587
attorney representing a child in civil or criminal proceedings. 588
This access must shall be made available no later than 60 days 589
after the department receives the initial report of abuse, 590
neglect, or abandonment. How ever, any information otherwise made 591
confidential or exempt by law may shall not be released pursuant 592
to this paragraph. 593
(t) Persons with whom the department is seeking to place 594
the child or to whom placement has been granted, including 595
foster parents for whom an approved home study has been 596
conducted, the designee of a licensed child -caring agency as 597
defined in s. 39.01 s. 39.01(41), an approved relative or 598
nonrelative with whom a child is placed pursuant to s. 39.402, 599
preadoptive parents for whom a favorable preliminary adoptive 600
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home study has been conducted, adoptive parents, or an adoption 601
entity acting on behalf of prea doptive or adoptive parents. 602
Section 13. Paragraphs (b) and (c) of subsection (11) and 603
paragraph (a) of subsection (14) of section 39.402, Florida 604
Statutes, are amended to read: 605
39.402 Placement in a shelter. — 606
(11) 607
(b) The court shall request that the parents consent to 608
provide access to the child's medical records and provide 609
information to the court, the department or its contract 610
agencies, and the any guardian ad litem and or attorney ad 611
litem, if one is appointed, for the child. If a parent is 612
unavailable or unable to consent or withholds consent and the 613
court determines access to the records and information is 614
necessary to provide services to the child, the court shall 615
issue an order granting access. The court may also order the 616
parents to provide all known medical information to the 617
department and to any others granted access under this 618
subsection. 619
(c) The court shall request that the parents consent to 620
provide access to the child's child care records, early 621
education program records, or other educational records and 622
provide information to the court, the department or its contract 623
agencies, and the any guardian ad litem and or attorney ad 624
litem, if one is appointed, for the child. If a parent is 625
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unavailable or unable to consent or withholds consent and the 626
court determines access to the records and information is 627
necessary to provide services to the child, the court shall 628
issue an order granting access. 629
(14) The time limitations in this section do not include: 630
(a) Periods of delay resulting from a continuance granted 631
at the request or with the consent of the child's counsel or the 632
child's guardian ad litem or attorney ad litem , if one is has 633
been appointed by the court , or, if the child is of sufficient 634
capacity to express reasonable consent, at the request or with 635
the consent of the child's attorney or the child's guardian ad 636
litem, if one has bee n appointed by the court, and the child . 637
Section 14. Paragraphs (a) and (b) of subsection (4) of 638
section 39.4022, Florida Statutes, are amended to read: 639
39.4022 Multidisciplinary teams; staffings; assessments; 640
report.— 641
(4) PARTICIPANTS.— 642
(a) Collaboration among diverse individuals who are part 643
of the child's network is necessary to make the most informed 644
decisions possible for the child. A diverse team is preferable 645
to ensure that the necessary combination of technical skills, 646
cultural knowledge, community resources, and personal 647
relationships is developed and maintained for the child and 648
family. The participants necessary to achieve an appropriately 649
diverse team for a child may vary by child and may include 650
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extended family, friends, neighbors, coa ches, clergy, coworkers, 651
or others the family identifies as potential sources of support. 652
1. Each multidisciplinary team staffing must invite the 653
following members: 654
a. The child, unless he or she is not of an age or 655
capacity to participate in the team , and the child's guardian ad 656
litem; 657
b. The child's family members and other individuals 658
identified by the family as being important to the child, 659
provided that a parent who has a no contact order or injunction, 660
is alleged to have sexually abused the chil d, or is subject to a 661
termination of parental rights may not participate; 662
c. The current caregiver, provided the caregiver is not a 663
parent who meets the criteria of one of the exceptions under 664
sub-subparagraph b.; 665
d. A representative from the departmen t other than the 666
Children's Legal Services attorney, when the department is 667
directly involved in the goal identified by the staffing; 668
e. A representative from the community -based care lead 669
agency, when the lead agency is directly involved in the goal 670
identified by the staffing; 671
f. The case manager for the child, or his or her case 672
manager supervisor; and 673
g. A representative from the Department of Juvenile 674
Justice, if the child is dually involved with both the 675
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department and the Department of Juvenile Justice. 676
2. The multidisciplinary team must make reasonable efforts 677
to have all mandatory invitees attend. However, the 678
multidisciplinary team staffing may not be delayed if the 679
invitees in subparagraph 1. fail to attend after being provided 680
reasonable opportunities. 681
(b) Based on the particular goal the multidisciplinary 682
team staffing identifies as the purpose of convening the 683
staffing as provided under subsection (5), the department or 684
lead agency may also invite to the meeting other professionals, 685
including, but not limited to: 686
1. A representative from Children's Medical Services; 687
2. A guardian ad litem, if one is appointed; 688
2.3. A school personnel representative who has direct 689
contact with the child; 690
3.4. A therapist or other behavioral health professional, 691
if applicable; 692
4.5. A mental health professional with expertise in 693
sibling bonding, if the department or lead agency deems such 694
expert is necessary; or 695
5.6. Other community providers of services to the child or 696
stakeholders, when applica ble. 697
Section 15. Paragraph (d) of subsection (3) and paragraph 698
(c) of subsection (4) of section 39.4023, Florida Statutes, are 699
amended to read: 700
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39.4023 Placement and education transitions; transition 701
plans.— 702
(3) PLACEMENT TRANSITIONS. — 703
(d) Transition planning.— 704
1. If the supportive services provided pursuant to 705
paragraph (c) have not been successful to make the maintenance 706
of the placement suitable or if there are other circumstances 707
that require the child to be moved, the department or the 708
community-based care lead agency must convene a 709
multidisciplinary team staffing as required under s. 39.4022 710
before the child's placement is changed, or within 72 hours of 711
moving the child in an emergency situation, for the purpose of 712
developing an appropriate transition plan. 713
2. A placement change may occur immediately in an 714
emergency situation without convening a multidisciplinary team 715
staffing. However, a multidisciplinary team staffing must be 716
held within 72 hours after the emergency situation arises. 717
3. The department or the community -based care lead agency 718
must provide written notice of the planned move at least 14 days 719
before the move or within 72 hours after an emergency situation, 720
to the greatest extent possible and consistent with the child's 721
needs and preferences. The notice must include the reason a 722
placement change is necessary. A copy of the notice must be 723
filed with the court and be provided to all of the following : 724
a. The child, unless he or she, due to age or capacity, is 725
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unable to comprehend the written notice, which will necessitate 726
the department or lead agency to provide notice in an age -727
appropriate and capacity -appropriate alternative manner .; 728
b. The child's parents, unless prohibited by court order .; 729
c. The child's out-of-home caregiver.; 730
d. The guardian ad litem ., if one is appointed; 731
e. The attorney ad litem for the child, if one is 732
appointed.; and 733
f. The attorney for the department. 734
4. The transition plan must be developed through 735
cooperation among the persons included in subparagraph 3., and 736
such persons must share any relevant information necessary for 737
its development. Subject to the child's needs and preferences, 738
the transition plan must meet the requirements of s. 739
409.1415(2)(b)8. and exclude any placement changes th at occur 740
between 7 p.m. and 8 a.m. 741
5. The department or the community -based care lead agency 742
shall file the transition plan with the court within 48 hours 743
after the creation of such plan and provide a copy of the plan 744
to the persons included in subparagr aph 3. 745
(4) EDUCATION TRANSITIONS. — 746
(c) Minimizing school changes. — 747
1. Every effort must be made to keep a child in the school 748
of origin if it is in the child's best interest. Any placement 749
decision must include thoughtful consideration of which schoo l a 750
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child will attend if a school change is necessary. 751
2. Members of a multidisciplinary team staffing convened 752
for a purpose other than a school change must determine the 753
child's best interest regarding remaining in the school or 754
program of origin if th e child's educational options are 755
affected by any other decision being made by the 756
multidisciplinary team. 757
3. The determination of whether it is in the child's best 758
interest to remain in the school of origin, and if not, of which 759
school the child will at tend in the future, must be made in 760
consultation with the following individuals, including, but not 761
limited to, the child; the parents; the caregiver; the child 762
welfare professional; the guardian ad litem , if appointed; the 763
educational surrogate, if appoin ted; child care and educational 764
staff, including teachers and guidance counselors; and the 765
school district representative or foster care liaison. A 766
multidisciplinary team member may contact any of these 767
individuals in advance of a multidisciplinary team st affing to 768
obtain his or her recommendation. An individual may remotely 769
attend the multidisciplinary team staffing if one of the 770
identified goals is related to determining an educational 771
placement. The multidisciplinary team may rely on a report from 772
the child's current school or program district and, if 773
applicable, any other school district being considered for the 774
educational placement if the required school personnel are not 775
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available to attend the multidisciplinary team staffing in 776
person or remotely. 777
4. The multidisciplinary team and the individuals listed 778
in subparagraph 3. must consider, at a minimum, all of the 779
following factors when determining whether remaining in the 780
school or program of origin is in the child's best interest or, 781
if not, when selecting a new school or program: 782
a. The child's desire to remain in the school or program 783
of origin. 784
b. The preference of the child's parents or legal 785
guardians. 786
c. Whether the child has siblings, close friends, or 787
mentors at the school or program of origin. 788
d. The child's cultural and community connections in the 789
school or program of origin. 790
e. Whether the child is suspected of having a disability 791
under the Individuals with Disabilities Education Act (IDEA) or 792
s. 504 of the Rehabilitation Act of 1 973, or has begun receiving 793
interventions under this state's multitiered system of supports. 794
f. Whether the child has an evaluation pending for special 795
education and related services under IDEA or s. 504 of the 796
Rehabilitation Act of 1973. 797
g. Whether the child is a student with a disability under 798
IDEA who is receiving special education and related services or 799
a student with a disability under s. 504 of the Rehabilitation 800
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Act of 1973 who is receiving accommodations and services and, if 801
so, whether those required services are available in a school or 802
program other than the school or program of origin. 803
h. Whether the child is an English Language Learner 804
student and is receiving language services and, if so, whether 805
those required services are available in a school or program 806
other than the school or program of origin. 807
i. The impact a change to the school or program of origin 808
would have on academic credits and progress toward promotion. 809
j. The availability of extracurricular activities 810
important to the child. 811
k. The child's known individualized educational plan or 812
other medical and behavioral health needs and whether such plan 813
or needs are able to be met at a school or program other than 814
the school or program of origin. 815
l. The child's permanency goal and timeframe for achieving 816
permanency. 817
m. The child's history of school transfers and how such 818
transfers have impacted the child academically, emotionally, and 819
behaviorally. 820
n. The length of the commute to the school or program from 821
the child's home or placement and how such commute would impact 822
the child. 823
o. The length of time the child has attended the school or 824
program of origin. 825
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5. The cost of transportation cannot be a factor in making 826
a best interest determination. 827
Section 16. Paragraph (f) of subsection (3) of section 828
39.407, Florida Statutes, is amended to read: 829
39.407 Medical, psychiatric, and psychological examination 830
and treatment of child; physical, mental, or substance abuse 831
examination of person with or requesting child custody. — 832
(3) 833
(f)1. The department shall fully inform the court of the 834
child's medical and behavioral status as part of the social 835
services report prepared for each judicial review hearing held 836
for a child for whom psychotropic medication has been prescribed 837
or provided under this subsection. As a part of the information 838
provided to the court, the department shall furnish copies of 839
all pertinent medical records concerning the child which have 840
been generated since the previous hearing. On its own motion or 841
on good cause shown by any party, including the any guardian ad 842
litem, attorney, or attorney ad litem , if one is who has been 843
appointed to represent the child or the child's interests , the 844
court may review the status more frequently than required in 845
this subsection. 846
2. The court may, in the best interests of the child, 847
order the department to obtain a medical opinion addressing 848
whether the continued use of the medication under the 849
circumstances is safe and medically appropriate. 850
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Section 17. Paragraph s (m), (t), and (u) of subsection (1) 851
of section 39.4085, Florida Statutes, are amended to read: 852
39.4085 Goals for dependent children; responsibilities; 853
education.— 854
(1) The Legislature finds that the design and delivery of 855
child welfare services should be directed by the principle that 856
the health and safety of children, including the freedom from 857
abuse, abandonment, or neglect, is of paramount concern and, 858
therefore, establishes the following goals for children in 859
shelter or foster care: 860
(m) To receive meaningful case management and planning 861
that will quickly return the child to his or her family or move 862
the child on to other forms of permanency. For a child who is 863
transitioning from foster care to independent living, permanency 864
includes establishing n aturally occurring, lifelong, kin -like 865
connections between the child and a supportive adult. 866
(t) To have a guardian ad litem appointed to represent, 867
within reason, their best interests and, if appropriate, an 868
attorney ad litem appointed to represent thei r legal interests; 869
the guardian ad litem and attorney ad litem , if one is 870
appointed, shall have immediate and unlimited access to the 871
children they represent. 872
(u) To have all their records available for review by 873
their guardian ad litem and attorney ad l item, if one is 874
appointed, if they deem such review necessary. 875
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876
This subsection establishes goals and not rights. This 877
subsection does not require the delivery of any particular 878
service or level of service in excess of existing 879
appropriations. A person doe s not have a cause of action against 880
the state or any of its subdivisions, agencies, contractors, 881
subcontractors, or agents, based upon the adoption of or failure 882
to provide adequate funding for the achievement of these goals 883
by the Legislature. This subse ction does not require the 884
expenditure of funds to meet the goals established in this 885
subsection except those funds specifically appropriated for such 886
purpose. 887
Section 18. Paragraph (c) of subsection (3) of section 888
39.522, Florida Statutes, is amended to read: 889
39.522 Postdisposition change of custody. — 890
(3) 891
(c)1. The department or community -based care lead agency 892
must notify a current caregiver who has been in the physical 893
custody placement for at least 9 consecutive months and who 894
meets all the established criteria in paragraph (b) of an intent 895
to change the physical custody of the child, and a 896
multidisciplinary team staffing must be held in accordance with 897
ss. 39.4022 and 39.4023 at least 21 days before the intended 898
date for the child's change in p hysical custody, unless there is 899
an emergency situation as defined in s. 39.4022(2)(b). If there 900
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is not a unanimous consensus decision reached by the 901
multidisciplinary team, the department's official position must 902
be provided to the parties within the desi gnated time period as 903
provided for in s. 39.4022. 904
2. A caregiver who objects to the department's official 905
position on the change in physical custody must notify the court 906
and the department or community -based care lead agency of his or 907
her objection and the intent to request an evidentiary hearing 908
in writing in accordance with this section within 5 days after 909
receiving notice of the department's official position provided 910
under subparagraph 1. The transition of the child to the new 911
caregiver may not begin before the expiration of the 5 -day 912
period within which the current caregiver may object. 913
3. Upon the department or community -based care lead agency 914
receiving written notice of the caregiver's objection, the 915
change to the child's physical custody must be placed in 916
abeyance and the child may not be transitioned to a new physical 917
placement without a court order, unless there is an emergency 918
situation as defined in s. 39.4022(2)(b). 919
4. Within 7 days after receiving written notice from the 920
caregiver, the court must conduct an initial case status 921
hearing, at which time the court must do all of the following : 922
a. Grant party status to the current caregiver who is 923
seeking permanent custody and has maintained physical custody of 924
that child for at least 9 contin uous months for the limited 925
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purpose of filing a motion for a hearing on the objection and 926
presenting evidence pursuant to this subsection .; 927
b. Appoint an attorney for the child who is the subject of 928
the permanent custody proceeding, in addition to the gu ardian ad 929
litem, if one is appointed; 930
b.c. Advise the caregiver of his or her right to retain 931
counsel for purposes of the evidentiary hearing .; and 932
c.d. Appoint a court-selected neutral and independent 933
licensed professional with expertise in the scienc e and research 934
of child-parent bonding. 935
Section 19. Paragraph (c) of subsection (1) and paragraph 936
(c) of subsection (3) of section 39.6012, Florida Statutes, are 937
amended to read: 938
39.6012 Case plan tasks; services. — 939
(1) The services to be provided t o the parent and the 940
tasks that must be completed are subject to the following: 941
(c) If there is evidence of harm as defined in s. 942
39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 943
required task for the parent whose actions caused the harm that 944
the parent submit to a substance abuse disorder assessment or 945
evaluation and participate and comply with treatment and 946
services identified in the assessment or evaluation as being 947
necessary. 948
(3) In addition to any other requirement, if the child is 949
in an out-of-home placement, the case plan must include: 950
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(c) When appropriate, for a child who is 13 years of age 951
or older, a written description of the programs and services 952
that will help the child prepare for the transition from foster 953
care to independent living. The written description must include 954
age-appropriate activities for the child's development of 955
relationships, coping skills, and emotional well -being. 956
Section 20. Section 39.6036, Florida Statutes, is created 957
to read: 958
39.6036 Supportive adults for children transitioning out 959
of foster care.— 960
(1) The Legislature finds that a committed, caring adult 961
provides a lifeline for a child transitioning out of foster care 962
to live independently. Accordingly, it is the intent of the 963
Legislature that the Statewide Guardian ad Litem Office help 964
children connect with supportive adults with the hope of 965
creating an ongoing relationship that lasts into adulthood. 966
(2) The Statewide Guardian ad Litem Office shall work with 967
a child who is transitioning out o f foster care to identify at 968
least one supportive adult with whom the child can enter into a 969
formal agreement for an ongoing relationship and document such 970
agreement in the child's court file. If the child cannot 971
identify a supportive adult, the Statewide Guardian ad Litem 972
Office shall work in coordination with the Office of Continuing 973
Care to identify at least one supportive adult with whom the 974
child can enter into a formal agreement for an ongoing 975
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relationship and document such agreement in the child's co urt 976
file. 977
Section 21. Paragraph (c) of subsection (10) of section 978
39.621, Florida Statutes, is amended to read: 979
39.621 Permanency determination by the court. — 980
(10) The permanency placement is intended to continue 981
until the child reaches the age of majority and may not be 982
disturbed absent a finding by the court that the circumstances 983
of the permanency placement are no longer in the best interest 984
of the child. 985
(c) The court shall base its decision concerning any 986
motion by a parent for reunification or increased contact with a 987
child on the effect of the decision on the safety, well -being, 988
and physical and emotional health of the child. Factors that 989
must be considered and addressed in the findings of fact of the 990
order on the motion must include: 991
1. The compliance or noncompliance of the parent with the 992
case plan; 993
2. The circumstances which caused the child's dependency 994
and whether those circumstances have been resolved; 995
3. The stability and longevity of the child's placement; 996
4. The preferences of the child, if the child is of 997
sufficient age and understanding to express a preference; 998
5. The recommendation of the current custodian; and 999
6. Any The recommendation of the guardian ad litem , if one 1000
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has been appointed. 1001
Section 22. Subsection (2) of section 39.6241, Florida 1002
Statutes, is amended to read: 1003
39.6241 Another planned permanent living arrangement. — 1004
(2) The department and the guardian ad litem must provide 1005
the court with a recommended list and description of services 1006
needed by the child, such as independent living services and 1007
medical, dental, educational, or psychological referrals, and a 1008
recommended list and description of services needed by his or 1009
her caregiver. The guardian ad litem must also advise the court 1010
whether the child has b een connected with a supportive adult 1011
and, if the child has been connected with a supportive adult, 1012
whether the child has entered into a formal agreement with the 1013
adult. If the child has entered into a formal agreement pursuant 1014
to s. 39.6036, the guardian ad litem must ensure that the 1015
agreement is documented in the child's court file. 1016
Section 23. Paragraphs (b) and (f) of subsection (1), 1017
paragraph (c) of subsection (2), subsection (3), and paragraph 1018
(e) of subsection (4) of section 39.701, Florida Statu tes, are 1019
amended to read: 1020
39.701 Judicial review. — 1021
(1) GENERAL PROVISIONS. — 1022
(b)1. The court shall retain jurisdiction over a child 1023
returned to his or her parents for a minimum period of 6 months 1024
after following the reunification, but, at that time, b ased on a 1025
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report of the social service agency and the guardian ad litem , 1026
if one has been appointed, and any other relevant factors, the 1027
court shall make a determination as to whether supervision by 1028
the department and the court's jurisdiction shall continue or be 1029
terminated. 1030
2. Notwithstanding subparagraph 1., the court must retain 1031
jurisdiction over a child if the child is placed in the home 1032
with a parent or caregiver with an in -home safety plan and such 1033
safety plan remains necessary for the child to resid e safely in 1034
the home. 1035
(f) Notice of a judicial review hearing or a citizen 1036
review panel hearing, and a copy of the motion for judicial 1037
review, if any, must be served by the clerk of the court upon 1038
all of the following persons, if available to be served, 1039
regardless of whether the person was present at the previous 1040
hearing at which the date, time, and location of the hearing was 1041
announced: 1042
1. The social service agency charged with the supervision 1043
of care, custody, or guardianship of the child, if that age ncy 1044
is not the movant. 1045
2. The foster parent or legal custodian in whose home the 1046
child resides. 1047
3. The parents. 1048
4. The guardian ad litem for the child , or the 1049
representative of the guardian ad litem program if the program 1050
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has been appointed. 1051
5. The attorney ad litem for the child, if one is 1052
appointed. 1053
6. The child, if the child is 13 years of age or older. 1054
7. Any preadoptive parent. 1055
8. Such other persons as the court may direct. 1056
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS O F 1057
AGE.— 1058
(c) Review determinations. —The court and any citizen 1059
review panel shall take into consideration the information 1060
contained in the social services study and investigation and all 1061
medical, psychological, and educational records that support the 1062
terms of the case plan; testimony by the social services agency, 1063
the parent, the foster parent or caregiver, the guardian ad 1064
litem, the or surrogate parent for educational decisionmaking if 1065
one has been appointed for the child, and any other person 1066
deemed appropriate; and any relevant and material evidence 1067
submitted to the court, including written and oral reports to 1068
the extent of their probative value. These reports and evidence 1069
may be received by the court in its effort to determine the 1070
action to be taken wit h regard to the child and may be relied 1071
upon to the extent of their probative value, even though not 1072
competent in an adjudicatory hearing. In its deliberations, the 1073
court and any citizen review panel shall seek to determine: 1074
1. If the parent was advised of the right to receive 1075
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assistance from any person or social service agency in the 1076
preparation of the case plan. 1077
2. If the parent has been advised of the right to have 1078
counsel present at the judicial review or citizen review 1079
hearings. If not so advised, the court or citizen review panel 1080
shall advise the parent of such right. 1081
3. If a guardian ad litem needs to be appointed for the 1082
child in a case in which a guardian ad litem has not previously 1083
been appointed or if there is a need to continue a guardian a d 1084
litem in a case in which a guardian ad litem has been appointed . 1085
4. Who holds the rights to make educational decisions for 1086
the child. If appropriate, the court may refer the child to the 1087
district school superintendent for appointment of a surrogate 1088
parent or may itself appoint a surrogate parent under the 1089
Individuals with Disabilities Education Act and s. 39.0016. 1090
5. The compliance or lack of compliance of all parties 1091
with applicable items of the case plan, including the parents' 1092
compliance with child support orders. 1093
6. The compliance or lack of compliance with a visitation 1094
contract between the parent and the social service agency for 1095
contact with the child, including the frequency, duration, and 1096
results of the parent -child visitation and the reason for any 1097
noncompliance. 1098
7. The frequency, kind, and duration of contacts among 1099
siblings who have been separated during placement, as well as 1100
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any efforts undertaken to reunite separated siblings if doing so 1101
is in the best interests of the child. 1102
8. The compliance or lack of compliance of the parent in 1103
meeting specified financial obligations pertaining to the care 1104
of the child, including the reason for failure to comply, if 1105
applicable. 1106
9. Whether the child is receiving safe and proper care 1107
according to s. 39.6012, including, but not limited to, the 1108
appropriateness of the child's current placement, including 1109
whether the child is in a setting that is as family -like and as 1110
close to the parent's home as possible, consistent with the 1111
child's best interests and special needs, and including 1112
maintaining stability in the child's educational placement, as 1113
documented by assurances from the community -based care lead 1114
agency that: 1115
a. The placement of the child takes into account the 1116
appropriateness of the current educ ational setting and the 1117
proximity to the school in which the child is enrolled at the 1118
time of placement. 1119
b. The community-based care lead agency has coordinated 1120
with appropriate local educational agencies to ensure that the 1121
child remains in the school in which the child is enrolled at 1122
the time of placement. 1123
10. A projected date likely for the child's return home or 1124
other permanent placement. 1125
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11. When appropriate, the basis for the unwillingness or 1126
inability of the parent to become a party to a case pl an. The 1127
court and the citizen review panel shall determine if the 1128
efforts of the social service agency to secure party 1129
participation in a case plan were sufficient. 1130
12. For a child who has reached 13 years of age but is not 1131
yet 18 years of age, the adequ acy of the child's preparation for 1132
adulthood and independent living. For a child who is 15 years of 1133
age or older, the court shall determine if appropriate steps are 1134
being taken for the child to obtain a driver license or 1135
learner's driver license. 1136
13. If amendments to the case plan are required. 1137
Amendments to the case plan must be made under s. 39.6013. 1138
14. If the parents and caregivers have developed a 1139
productive relationship that includes meaningful communication 1140
and mutual support. 1141
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1142
At each review hearing held under this subsection, the court 1143
shall give the child and the guardian ad litem the opportunity 1144
to address the court and provide any information relevant to the 1145
child's best interest, part icularly in relation to independent 1146
living transition services. The foster parent or, legal 1147
custodian, or guardian ad litem may also provide any information 1148
relevant to the child's best interest to the court. In addition 1149
to the review and report required under paragraphs (1)(a) and 1150
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(2)(a), respectively, and the review and report required under 1151
s. 39.822(2)(a)2., the court shall: 1152
(a) Inquire about the life skills the child has acquired 1153
and whether those services are age appropriate, at the first 1154
judicial review hearing held subsequent to the child's 16th 1155
birthday. At the judicial review hearing, the department shall 1156
provide the court with a report that includes specific 1157
information related to the life skills that the child has 1158
acquired since the child's 13th birthday or since the date the 1159
child came into foster care, whichever came later. For any child 1160
who may meet the requirem ents for appointment of a guardian 1161
advocate under s. 393.12 or a guardian under chapter 744, the 1162
updated case plan must be developed in a face -to-face conference 1163
with the child, if appropriate; the child's attorney ad litem, 1164
if one is appointed; the child's any court-appointed guardian ad 1165
litem; the temporary custodian of the child; and the parent of 1166
the child, if the parent's rights have not been terminated. 1167
(b) The court shall hold a judicial review hearing within 1168
90 days after a child's 17th birthday. The court shall issue an 1169
order, separate from the order on judicial review, that the 1170
disability of nonage of the child has been removed under ss. 1171
743.044-743.047 for any disability that the court finds is in 1172
the child's best interest to remove. The departm ent shall 1173
include in the social study report for the first judicial review 1174
that occurs after the child's 17th birthday written verification 1175
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that the child has: 1176
1. A current Medicaid card and all necessary information 1177
concerning the Medicaid program suffi cient to prepare the child 1178
to apply for coverage upon reaching the age of 18, if such 1179
application is appropriate. 1180
2. A certified copy of the child's birth certificate and, 1181
if the child does not have a valid driver license, a Florida 1182
identification card i ssued under s. 322.051. 1183
3. A social security card and information relating to 1184
social security insurance benefits if the child is eligible for 1185
those benefits. If the child has received such benefits and they 1186
are being held in trust for the child, a full a ccounting of 1187
these funds must be provided and the child must be informed as 1188
to how to access those funds. 1189
4. All relevant information related to the Road -to-1190
Independence Program under s. 409.1451, including, but not 1191
limited to, eligibility requirements, information on 1192
participation, and assistance in gaining admission to the 1193
program. If the child is eligible for the Road -to-Independence 1194
Program, he or she must be advised that he or she may continue 1195
to reside with the licensed family home or group care pro vider 1196
with whom the child was residing at the time the child attained 1197
his or her 18th birthday, in another licensed family home, or 1198
with a group care provider arranged by the department. 1199
5. An open bank account or the identification necessary to 1200
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open a bank account and to acquire essential banking and 1201
budgeting skills. 1202
6. Information on public assistance and how to apply for 1203
public assistance. 1204
7. A clear understanding of where he or she will be living 1205
on his or her 18th birthday, how living expenses w ill be paid, 1206
and the educational program or school in which he or she will be 1207
enrolled. 1208
8. Information related to the ability of the child to 1209
remain in care until he or she reaches 21 years of age under s. 1210
39.013. 1211
9. A letter providing the dates that t he child is under 1212
the jurisdiction of the court. 1213
10. A letter stating that the child is in compliance with 1214
financial aid documentation requirements. 1215
11. The child's educational records. 1216
12. The child's entire health and mental health records. 1217
13. The process for accessing the child's case file. 1218
14. A statement encouraging the child to attend all 1219
judicial review hearings. 1220
15. Information on how to obtain a driver license or 1221
learner's driver license. 1222
(c) At the first judicial review hearing held subsequent 1223
to the child's 17th birthday, if the court determines pursuant 1224
to chapter 744 that there is a good faith basis to believe that 1225
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the child qualifies for appointment of a guardian advocate, 1226
limited guardian, or plenary guardian for the child and t hat no 1227
less restrictive decisionmaking assistance will meet the child's 1228
needs: 1229
1. The department shall complete a multidisciplinary 1230
report which must include, but is not limited to, a psychosocial 1231
evaluation and educational report if such a report has no t been 1232
completed within the previous 2 years. 1233
2. The department shall identify one or more individuals 1234
who are willing to serve as the guardian advocate under s. 1235
393.12 or as the plenary or limited guardian under chapter 744. 1236
Any other interested parties or participants may make efforts to 1237
identify such a guardian advocate, limited guardian, or plenary 1238
guardian. The child's biological or adoptive family members, 1239
including the child's parents if the parents' rights have not 1240
been terminated, may not be cons idered for service as the 1241
plenary or limited guardian unless the court enters a written 1242
order finding that such an appointment is in the child's best 1243
interests. 1244
3. Proceedings may be initiated within 180 days after the 1245
child's 17th birthday for the appoi ntment of a guardian 1246
advocate, plenary guardian, or limited guardian for the child in 1247
a separate proceeding in the court division with jurisdiction 1248
over guardianship matters and pursuant to chapter 744. The 1249
Legislature encourages the use of pro bono repres entation to 1250
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initiate proceedings under this section. 1251
4. In the event another interested party or participant 1252
initiates proceedings for the appointment of a guardian 1253
advocate, plenary guardian, or limited guardian for the child, 1254
the department shall provi de all necessary documentation and 1255
information to the petitioner to complete a petition under s. 1256
393.12 or chapter 744 within 45 days after the first judicial 1257
review hearing after the child's 17th birthday. 1258
5. Any proceedings seeking appointment of a gua rdian 1259
advocate or a determination of incapacity and the appointment of 1260
a guardian must be conducted in a separate proceeding in the 1261
court division with jurisdiction over guardianship matters and 1262
pursuant to chapter 744. 1263
(d) If the court finds at the judi cial review hearing 1264
after the child's 17th birthday that the department has not met 1265
its obligations to the child as stated in this part, in the 1266
written case plan, or in the provision of independent living 1267
services, the court may issue an order directing th e department 1268
to show cause as to why it has not done so. If the department 1269
cannot justify its noncompliance, the court may give the 1270
department 30 days within which to comply. If the department 1271
fails to comply within 30 days, the court may hold the 1272
department in contempt. 1273
(e) If necessary, the court may review the status of the 1274
child more frequently during the year before the child's 18th 1275
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birthday. At the last review hearing before the child reaches 18 1276
years of age, and in addition to the requirements of s ubsection 1277
(2), the court shall: 1278
1. Address whether the child plans to remain in foster 1279
care, and, if so, ensure that the child's transition plan 1280
includes a plan for meeting one or more of the criteria 1281
specified in s. 39.6251 and determine if the child ha s entered 1282
into a formal agreement for an ongoing relationship with a 1283
supportive adult. 1284
2. Ensure that the transition plan includes a supervised 1285
living arrangement under s. 39.6251. 1286
3. Ensure the child has been informed of: 1287
a. The right to continued s upport and services from the 1288
department and the community -based care lead agency. 1289
b. The right to request termination of dependency 1290
jurisdiction and be discharged from foster care. 1291
c. The opportunity to reenter foster care under s. 1292
39.6251. 1293
4. Ensure that the child, if he or she requests 1294
termination of dependency jurisdiction and discharge from foster 1295
care, has been informed of: 1296
a. Services or benefits for which the child may be 1297
eligible based on his or her former placement in foster care, 1298
including, but not limited to, the assistance of the Office of 1299
Continuing Care under s. 414.56. 1300
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b. Services or benefits that may be lost through 1301
termination of dependency jurisdiction. 1302
c. Other federal, state, local, or community -based 1303
services or supports available to him or her. 1304
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1305
During each period of time that a young adult remains in foster 1306
care, the court shall review the status of the young adult at 1307
least every 6 months and must hold a permanency re view hearing 1308
at least annually. 1309
(e)1. Notwithstanding the provisions of this subsection, 1310
if a young adult has chosen to remain in extended foster care 1311
after he or she has reached 18 years of age, the department may 1312
not close a case and the court may not terminate jurisdiction 1313
until the court finds, following a hearing, that the following 1314
criteria have been met: 1315
a.1. Attendance of the young adult at the hearing; or 1316
b.2. Findings by the court that: 1317
(I)a. The young adult has been informed by the depart ment 1318
of his or her right to attend the hearing and has provided 1319
written consent to waive this right; and 1320
(II)b. The young adult has been informed of the potential 1321
negative effects of early termination of care, the option to 1322
reenter care before reaching 2 1 years of age, the procedure for, 1323
and limitations on, reentering care, and the availability of 1324
alternative services, and has signed a document attesting that 1325
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he or she has been so informed and understands these provisions; 1326
or 1327
(III)c. The young adult has voluntarily left the program, 1328
has not signed the document in sub -subparagraph b., and is 1329
unwilling to participate in any further court proceeding. 1330
2.3. In all permanency hearings or hearings regarding the 1331
transition of the young adult from care to indep endent living, 1332
the court shall consult with the young adult regarding the 1333
proposed permanency plan, case plan, and individual education 1334
plan for the young adult and ensure that he or she has 1335
understood the conversation. The court shall also inquire of the 1336
young adult regarding his or her relationship with the 1337
supportive adult with whom the young adult has entered into a 1338
formal agreement for an ongoing relationship, if such agreement 1339
exists. 1340
Section 24. Paragraph (a) of subsection (3) of section 1341
39.801, Florida Statutes, is amended to read: 1342
39.801 Procedures and jurisdiction; notice; service of 1343
process.— 1344
(3) Before the court may terminate parental rights, in 1345
addition to the other requirements set forth in this part, the 1346
following requirements must be met: 1347
(a) Notice of the date, time, and place of the advisory 1348
hearing for the petition to terminate parental rights and a copy 1349
of the petition must be personally served upon the following 1350
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persons, specifically notifying them that a petition has been 1351
filed: 1352
1. The parents of the child. 1353
2. The legal custodians of the child. 1354
3. If the parents who would be entitled to notice are dead 1355
or unknown, a living relative of the child, unless upon diligent 1356
search and inquiry no such relative can be found. 1357
4. Any person who has physical custody of the child. 1358
5. Any grandparent entitled to priority for adoption under 1359
s. 63.0425. 1360
6. Any prospective parent who has been identified under s. 1361
39.503 or s. 39.803, unless a court order has been entered 1362
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1363
indicates no further notice is required. Except as otherwise 1364
provided in this section, if there is not a legal father, notice 1365
of the petition for termination of parental rights must be 1366
provided to any known pro spective father who is identified under 1367
oath before the court or who is identified by a diligent search 1368
of the Florida Putative Father Registry. Service of the notice 1369
of the petition for termination of parental rights is not 1370
required if the prospective fat her executes an affidavit of 1371
nonpaternity or a consent to termination of his parental rights 1372
which is accepted by the court after notice and opportunity to 1373
be heard by all parties to address the best interests of the 1374
child in accepting such affidavit. 1375
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7. The guardian ad litem for the child or the 1376
representative of the guardian ad litem program, if the program 1377
has been appointed. 1378
1379
The document containing the notice to respond or appear must 1380
contain, in type at least as large as the type in the balance of 1381
the document, the following or substantially similar language: 1382
"FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 1383
CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 1384
THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 1385
TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 1386
CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 1387
NOTICE." 1388
Section 25. Subsection (2) of section 39.807, Florida 1389
Statutes, is amended to read: 1390
39.807 Right to counsel; guardian ad litem. — 1391
(2)(a) The court shall appoint a guardian ad litem to 1392
represent the best interest of the child in any termination of 1393
parental rights proceedings and shall ascertain at each stage of 1394
the proceedings whether a guardian ad litem has been appointed. 1395
(b) The guardian ad litem has the following 1396
responsibilities and authorities listed in s. 39.822. : 1397
1. To investigate the allegations of the petition and any 1398
subsequent matters arising in the case and, 1399
(c) Unless excused by the court, the guardian ad litem 1400
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must to file a written report. This report must include a 1401
statement of the wishes of the child and the recommendations of 1402
the guardian ad litem and must be provided to all parties and 1403
the court at least 72 hours before the disposition hearing. 1404
2. To be present at all court hearings unless excused by 1405
the court. 1406
3. To represent the best interests of the child until the 1407
jurisdiction of the court over the child terminates or until 1408
excused by the court. 1409
(c) A guardian ad litem is not required to post bond but 1410
shall file an acceptance of the office. 1411
(d) A guardian ad litem is entitled to receive service of 1412
pleadings and papers as provided by the Florida Rules of 1413
Juvenile Procedure. 1414
(d)(e) This subsection does not apply to any voluntary 1415
relinquishment of pare ntal rights proceeding. 1416
Section 26. Subsection (2) of section 39.808, Florida 1417
Statutes, is amended to read: 1418
39.808 Advisory hearing; pretrial status conference. — 1419
(2) At the hearing the court shall inform the parties of 1420
their rights under s. 39.807, shall appoint counsel for the 1421
parties in accordance with legal requirements, and shall appoint 1422
a guardian ad litem to represent the interests of the child if 1423
one has not already been appointed. 1424
Section 27. Subsection (2) of section 39.815, Florida 1425
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Statutes, is amended to read: 1426
39.815 Appeal.— 1427
(2) An attorney for the department shall represent the 1428
state upon appeal. When a notice of appeal is filed in the 1429
circuit court, the clerk shall notify the attorney for the 1430
department, together with the attorney for the parent, the 1431
guardian ad litem, and the any attorney ad litem for the child, 1432
if one is appointed. 1433
Section 28. Section 39.820, Florida Statutes, is repealed. 1434
Section 29. Subsections (1) and (3) of section 39.821, 1435
Florida Statutes, are amen ded to read: 1436
39.821 Qualifications of guardians ad litem. — 1437
(1) Because of the special trust or responsibility placed 1438
in a guardian ad litem, the Statewide Guardian ad Litem Office 1439
Program may use any private funds collected by the office 1440
program, or any state funds so designated, to conduct a security 1441
background investigation before certifying a volunteer to serve. 1442
A security background investigation must include, but need not 1443
be limited to, employment history checks, checks of references, 1444
local criminal history records checks through local law 1445
enforcement agencies, and statewide criminal history records 1446
checks through the Department of Law Enforcement. Upon request, 1447
an employer shall furnish a copy of the personnel record for the 1448
employee or former employee who is the subject of a security 1449
background investigation conducted under this section. The 1450
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information contained in the personnel record may include, but 1451
need not be limited to, disciplinary matters and the reason why 1452
the employee was terminat ed from employment. An employer who 1453
releases a personnel record for purposes of a security 1454
background investigation is presumed to have acted in good faith 1455
and is not liable for information contained in the record 1456
without a showing that the employer malici ously falsified the 1457
record. A security background investigation conducted under this 1458
section must ensure that a person is not certified as a guardian 1459
ad litem if the person has an arrest awaiting final disposition 1460
for, been convicted of, regardless of adju dication, entered a 1461
plea of nolo contendere or guilty to, or been adjudicated 1462
delinquent and the record has not been sealed or expunged for, 1463
any offense prohibited under the provisions listed in s. 435.04. 1464
All applicants must undergo a level 2 background s creening 1465
pursuant to chapter 435 before being certified to serve as a 1466
guardian ad litem. In analyzing and evaluating the information 1467
obtained in the security background investigation, the office 1468
program must give particular emphasis to past activities 1469
involving children, including, but not limited to, child -related 1470
criminal offenses or child abuse. The office program has sole 1471
discretion in determining whether to certify a person based on 1472
his or her security background investigation. The information 1473
collected pursuant to the security background investigation is 1474
confidential and exempt from s. 119.07(1). 1475
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(3) It is a misdemeanor of the first degree, punishable as 1476
provided in s. 775.082 or s. 775.083, for any person to 1477
willfully, knowingly, or intentionally fa il, by false statement, 1478
misrepresentation, impersonation, or other fraudulent means, to 1479
disclose in any application for a volunteer position or for paid 1480
employment with the Statewide Guardian ad Litem Office Program, 1481
any material fact used in making a dete rmination as to the 1482
applicant's qualifications for such position. 1483
Section 30. Section 39.822, Florida Statutes, is amended 1484
to read: 1485
39.822 Appointment of guardian ad litem for abused, 1486
abandoned, or neglected child. — 1487
(1) A guardian ad litem shall be appointed by the court at 1488
the earliest possible time to represent the child in any child 1489
abuse, abandonment, or neglect judicial proceeding, whether 1490
civil or criminal. A guardian ad litem is a fiduciary and must 1491
provide independent representation of the c hild using a best 1492
interest standard of decisionmaking and advocacy. 1493
(2)(a) A guardian ad litem must: 1494
1. Be present at all court hearings unless excused by the 1495
court. 1496
2. Investigate issues related to the best interest of the 1497
child who is the subject o f the appointment, review all 1498
disposition recommendations and changes in placement, and, 1499
unless excused by the court, file written reports and 1500
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recommendations in accordance with general law. 1501
3. Represent the child until the court's jurisdiction over 1502
the child terminates or until excused by the court. 1503
4. Advocate for the child's participation in the 1504
proceedings and to report the child's preferences to the court, 1505
to the extent the child has the ability and desire to express 1506
his or her preferences. 1507
5. Perform such other duties that are consistent with the 1508
scope of the appointment. 1509
(b) A guardian ad litem shall have immediate and unlimited 1510
access to the children he or she represents. 1511
(c) A guardian ad litem is not required to post bond but 1512
must file an acceptance of the appointment. 1513
(d) A guardian ad litem is entitled to receive service of 1514
pleadings and papers as provided by the Florida Rules of 1515
Juvenile Procedure. 1516
(3) Any person participating in a civil or criminal 1517
judicial proceeding resulting fro m such appointment shall be 1518
presumed prima facie to be acting in good faith and in so doing 1519
shall be immune from any liability, civil or criminal, that 1520
otherwise might be incurred or imposed. 1521
(4)(2) In those cases in which the parents are financially 1522
able, the parent or parents of the child shall reimburse the 1523
court, in part or in whole, for the cost of provision of 1524
guardian ad litem representation services. Reimbursement to the 1525
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individual providing guardian ad litem services shall not be 1526
contingent upon successful collection by the court from the 1527
parent or parents. 1528
(5)(3) Upon presentation by a guardian ad litem of a court 1529
order appointing the guardian ad litem: 1530
(a) An agency, as defined in chapter 119, shall allow the 1531
guardian ad litem to inspect and copy records related to the 1532
best interests of the child who is the subject of the 1533
appointment, including, but not limited to, records made 1534
confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1535
the State Constitution. The guardian ad litem shall maintain the 1536
confidential or exempt status of any records shared by an agency 1537
under this paragraph. 1538
(b) A person or organization, other than an agency under 1539
paragraph (a), shall allow the guardian ad litem to inspect and 1540
copy any records related to the b est interests of the child who 1541
is the subject of the appointment, including, but not limited 1542
to, confidential records. 1543
1544
For the purposes of this subsection, the term "records related 1545
to the best interests of the child" includes, but is not limited 1546
to, medical, mental health, substance abuse, child care, 1547
education, law enforcement, court, social services, and 1548
financial records. 1549
(4) The guardian ad litem or the program representative 1550
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shall review all disposition recommendations and changes in 1551
placements, and must be present at all critical stages of the 1552
dependency proceeding or submit a written report of 1553
recommendations to the court. Written reports must be filed with 1554
the court and served on all parties whose whereabouts are known 1555
at least 72 hours prior to the hearing. 1556
Section 31. Subsection (4) of section 39.827, Florida 1557
Statutes, is amended to read: 1558
39.827 Hearing for appointment of a guardian advocate. — 1559
(4) The hearing under this section must shall remain 1560
confidential and closed to the public. The clerk shall keep all 1561
court records required by this part separate from other records 1562
of the circuit court. All court records required by this part 1563
are shall be confidential and exempt from the provisions of s. 1564
119.07(1). All records may only shall be inspected only upon 1565
order of the court by persons deemed by the court to have a 1566
proper interest therein, except that a child and the parents or 1567
custodians of the child and their attorneys , the guardian ad 1568
litem, and the department and its designees , and the attorney ad 1569
litem, if one is appointed, shall always have the right to 1570
inspect and copy any official record pertaining to the child. 1571
The court may permit authorized representatives of recognized 1572
organizations compiling statistics for proper purposes to 1573
inspect and make abstracts from official records, under whatever 1574
conditions upon their use and disposition the court may deem 1575
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proper, and may punish by contempt proceedings any violation of 1576
those conditions. All information obtained pursuant to this part 1577
in the discharge of official duty by any judge, employee of the 1578
court, or authorized agent of the department is shall be 1579
confidential and exempt from the provisions of s. 119.07(1) and 1580
may shall not be disclosed to anyone other than the authorized 1581
personnel of the court or the department and its designees, 1582
except upon order of the court. 1583
Section 32. Subsection (2) of section 39.8296, Florida 1584
Statutes, is amended to read: 1585
39.8296 Statewide G uardian ad Litem Office; legislative 1586
findings and intent; creation; appointment of executive 1587
director; duties of office. — 1588
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1589
Statewide Guardian ad Litem Office within the Justice 1590
Administrative Commission. The Justice Administrative Commission 1591
shall provide administrative support and service to the office 1592
to the extent requested by the executive director within the 1593
available resources of the commission. The Statewide Guardian ad 1594
Litem Office is not s ubject to control, supervision, or 1595
direction by the Justice Administrative Commission in the 1596
performance of its duties, but the employees of the office are 1597
governed by the classification plan and salary and benefits plan 1598
approved by the Justice Administrat ive Commission. 1599
(a) The head of the Statewide Guardian ad Litem Office is 1600
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the executive director, who shall be appointed by the Governor 1601
from a list of a minimum of three eligible applicants submitted 1602
by a Guardian ad Litem Qualifications Committee. The Guardian ad 1603
Litem Qualifications Committee shall be composed of five 1604
persons, two persons appointed by the Governor, two persons 1605
appointed by the Chief Justice of the Supreme Court, and one 1606
person appointed by the Statewide Guardian ad Litem Office 1607
Association. The committee shall provide for statewide 1608
advertisement and the receiving of applications for the position 1609
of executive director. The Governor shall appoint an executive 1610
director from among the recommendations, or the Governor may 1611
reject the nominations and request the submission of new 1612
nominees. The executive director must have knowledge in 1613
dependency law and knowledge of social service delivery systems 1614
available to meet the needs of children who are abused, 1615
neglected, or abandoned. The executive dir ector shall serve on a 1616
full-time basis and shall personally, or through representatives 1617
of the office, carry out the purposes and functions of the 1618
Statewide Guardian ad Litem Office in accordance with state and 1619
federal law and the state's long -established policy of 1620
prioritizing children's best interests . The executive director 1621
shall report to the Governor. The executive director shall serve 1622
a 3-year term, subject to removal for cause by the Governor. Any 1623
person appointed to serve as the executive director m ay be 1624
permitted to serve more than one term without the necessity of 1625
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convening the Guardian ad Litem Qualifications Committee . 1626
(b) The Statewide Guardian ad Litem Office shall, within 1627
available resources, have oversight responsibilities for and 1628
provide technical assistance to all guardian ad litem and 1629
attorney ad litem programs located within the judicial circuits. 1630
1. The office shall identify the resources required to 1631
implement methods of collecting, reporting, and tracking 1632
reliable and consistent case data. 1633
2. The office shall review the current guardian ad litem 1634
offices programs in Florida and other states. 1635
3. The office, in consultation with local guardian ad 1636
litem offices, shall develop statewide performance measures and 1637
standards. 1638
4. The office shall develop and maintain a guardian ad 1639
litem training program , which must be updated regularly , which 1640
shall include, but is not limited to, training on the 1641
recognition of and responses to head trauma and brain injury in 1642
a child under 6 years of age. T he office shall establish a 1643
curriculum committee to develop the training program specified 1644
in this subparagraph. The curriculum committee shall include, 1645
but not be limited to, dependency judges, directors of circuit 1646
guardian ad litem programs, active certi fied guardians ad litem, 1647
a mental health professional who specializes in the treatment of 1648
children, a member of a child advocacy group, a representative 1649
of a domestic violence advocacy group, an individual with a 1650
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degree in social work, and a social worker experienced in 1651
working with victims and perpetrators of child abuse . 1652
5. The office shall review the various methods of funding 1653
guardian ad litem offices programs, maximize the use of those 1654
funding sources to the extent possible, and review the kinds of 1655
services being provided by circuit guardian ad litem offices 1656
programs. 1657
6. The office shall determine the feasibility or 1658
desirability of new concepts of organization, administration, 1659
financing, or service delivery designed to preserve the civil 1660
and constitutional rights and fulfill other needs of dependent 1661
children. 1662
7. The office shall ensure that each child has an attorney 1663
assigned to his or her case and, within available resources, is 1664
represented using multidisciplinary teams that may include 1665
volunteers, pro bono attorneys, social workers, and mentors. 1666
8. The office shall provide oversight and technical 1667
assistance to attorneys ad litem, including, but not limited to, 1668
all of the following: 1669
a. Develop an attorney ad litem training program in 1670
collaboration with dependency court stakeholders, including, but 1671
not limited to, dependency judges, representatives from legal 1672
aid providing attorney ad litem representation, and an attorney 1673
ad litem appointed from a registry maintained by the chief 1674
judge. The training program must be updated regularly with or 1675
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without convening the stakeholders group. 1676
b. Offer consultation and technical assistance to chief 1677
judges in maintaining attorney registries for the selection of 1678
attorneys ad litem. 1679
c. Assist with recruitmen t, training, and mentoring of 1680
attorneys ad litem as needed. 1681
9.7. In an effort to promote normalcy and establish trust 1682
between a court-appointed volunteer guardian ad litem and a 1683
child alleged to be abused, abandoned, or neglected under this 1684
chapter, a guardian ad litem may transport a child. However, a 1685
guardian ad litem volunteer may not be required by a guardian ad 1686
litem circuit office or ordered by or directed by the program or 1687
a court to transport a child. 1688
10.8. The office shall submit to the Governo r, the 1689
President of the Senate, the Speaker of the House of 1690
Representatives, and the Chief Justice of the Supreme Court an 1691
interim report describing the progress of the office in meeting 1692
the goals as described in this section. The office shall submit 1693
to the Governor, the President of the Senate, the Speaker of the 1694
House of Representatives, and the Chief Justice of the Supreme 1695
Court a proposed plan including alternatives for meeting the 1696
state's guardian ad litem and attorney ad litem needs. This plan 1697
may include recommendations for less than the entire state, may 1698
include a phase-in system, and shall include estimates of the 1699
cost of each of the alternatives. Each year the office shall 1700
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provide a status report and provide further recommendations to 1701
address the need for guardian ad litem services and related 1702
issues. 1703
Section 33. Section 39.8297, Florida Statutes, is amended 1704
to read: 1705
39.8297 County funding for guardian ad litem employees. — 1706
(1) A county and the executive director of the Statewide 1707
Guardian ad Litem Office may enter into an agreement by which 1708
the county agrees to provide funds to the local guardian ad 1709
litem office in order to employ persons who will assist in the 1710
operation of the guardian ad litem office program in the county. 1711
(2) The agreement, at a minimum, must provide that: 1712
(a) Funding for the persons who are employed will be 1713
provided on at least a fiscal -year basis. 1714
(b) The persons who are employed will be hired, 1715
supervised, managed, and terminated by the executive director of 1716
the Statewide Guardian ad Litem Office. The statewide office is 1717
responsible for compliance with all requirements of federal and 1718
state employment laws, and shall fully indemnify the county from 1719
any liability under such laws, as authorized by s. 768.28(19), 1720
to the extent such liability is the result of the acts or 1721
omissions of the Statewide Guardian ad Litem Office or its 1722
agents or employees. 1723
(c) The county is the employer for purposes of s. 440. 10 1724
and chapter 443. 1725
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(d) Employees funded by the county under this section and 1726
other county employees may be aggregated for purposes of a 1727
flexible benefits plan pursuant to s. 125 of the Internal 1728
Revenue Code of 1986. 1729
(e) Persons employed under this sec tion may be terminated 1730
after a substantial breach of the agreement or because funding 1731
to the guardian ad litem office program has expired. 1732
(3) Persons employed under this section may not be counted 1733
in a formula or similar process used by the Statewide Gu ardian 1734
ad Litem Office to measure personnel needs of a judicial 1735
circuit's guardian ad litem office program. 1736
(4) Agreements created pursuant to this section do not 1737
obligate the state to allocate funds to a county to employ 1738
persons in the guardian ad litem office program. 1739
Section 34. Section 39.8298, Florida Statutes, is amended 1740
to read: 1741
39.8298 Guardian ad Litem state direct-support 1742
organization and local direct-support organizations .— 1743
(1) AUTHORITY.—The Statewide Guardian ad Litem Office 1744
created under s. 39.8296 is authorized to create a state direct-1745
support organization and to create or designate local direct -1746
support organizations. The executive director of the Statewide 1747
Guardian ad Litem Office is responsible for designating local 1748
direct-support organizations under this subsection . 1749
(a) The state direct-support organization and the local 1750
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direct-support organizations must be a Florida corporations 1751
corporation not for profit, incorporated under the provisions of 1752
chapter 617. The state direct-support organization and the local 1753
direct-support organizations are shall be exempt from paying 1754
fees under s. 617.0122. 1755
(b) The state direct-support organization and each local 1756
direct-support organization must shall be organized and operated 1757
to conduct programs and activities; raise funds; request and 1758
receive grants, gifts, and bequests of moneys; acquire, receive, 1759
hold, invest, and administer, in its own name, securities, 1760
funds, objects of value, or other property, real or personal; 1761
and make expenditures to or for the direct or indirect benefit 1762
of the Statewide Guardian ad Litem Office , including the local 1763
guardian ad litem offices . 1764
(c) If the executive director of the Statewide Guardian ad 1765
Litem Office determines that the state direct-support 1766
organization or a local direct-support organization is operating 1767
in a manner that is inconsistent with the goals and purposes of 1768
the Statewide Guardian ad Litem Office or not acting in the best 1769
interest of the state, the executive director may terminate the 1770
organization's contract and thereafter the organization may not 1771
use the name of the Statewide Guardian ad Litem Office. 1772
(2) CONTRACTS CONTRACT.—The state direct-support 1773
organization and the local direct -support organizations shall 1774
operate under a writte n contract with the Statewide Guardian Ad 1775
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Litem Office. The written contract must, at a minimum, provide 1776
for: 1777
(a) Approval of the articles of incorporation and bylaws 1778
of the direct-support organization by the executive director of 1779
the Statewide Guardian ad Litem Office. 1780
(b) Submission of an annual budget for the approval by the 1781
executive director of the Statewide Guardian ad Litem Office. 1782
(c) The reversion without penalty to the Statewide 1783
Guardian ad Litem Office, or to the state if the Statewide 1784
Guardian ad Litem Office ceases to exist, of all moneys and 1785
property held in trust by the state direct-support organization 1786
for the Statewide Guardian Ad Litem Office if the direct -support 1787
organization ceases to exist or if the contract is terminated. 1788
(d) The fiscal year of the state direct-support 1789
organization and the local direct -support organizations , which 1790
must begin July 1 of each year and end June 30 of the following 1791
year. 1792
(e) The disclosure of material provisions of the contract 1793
and the distinction b etween the Statewide Guardian ad Litem 1794
Office and the state direct-support organization or the local 1795
direct-support organization to donors of gifts, contributions, 1796
or bequests, as well as on all promotional and fundraising 1797
publications. 1798
(3) BOARD OF DIRECTORS.—The executive director of the 1799
Statewide Guardian ad Litem Office shall appoint a board of 1800
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directors for the state direct-support organization. The 1801
executive director may designate employees of the Statewide 1802
Guardian ad Litem Office to serve on the b oard of directors of 1803
the state direct-support organization or a local direct -support 1804
organization. Members of the board of the state direct-support 1805
organization or a local direct -support organization shall serve 1806
at the pleasure of the executive director. 1807
(4) USE OF PROPERTY AND SERVICES. —The executive director 1808
of the Statewide Guardian ad Litem Office: 1809
(a) May authorize the use of facilities and property other 1810
than money that are owned by the Statewide Guardian ad Litem 1811
Office to be used by the state direct-support organization or a 1812
local direct-support organization . 1813
(b) May authorize the use of personal services provided by 1814
employees of the Statewide Guardian ad Litem Office to be used 1815
by the state direct-support organization or a local direct -1816
support organization. For the purposes of this section, the term 1817
"personal services" includes full -time personnel and part -time 1818
personnel as well as payroll processing. 1819
(c) May prescribe the conditions by which the state 1820
direct-support organization or a local direct-support 1821
organization may use property, facilities, or personal services 1822
of the office or the state direct-support organization . 1823
(d) May Shall not authorize the use of property, 1824
facilities, or personal services by the state of the direct-1825
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support organization or a local direct-support organization if 1826
the organization does not provide equal employment opportunities 1827
to all persons, regardless of race, color, religion, sex, age, 1828
or national origin. 1829
(5) MONEYS.—Moneys of the state direct-support 1830
organization or a local direct-support organization must may be 1831
held in a separate depository account in the name of the direct -1832
support organization and subject to the provisions of the 1833
contract with the Statewide Guardian ad Litem Office. 1834
(6) ANNUAL AUDIT.—The state direct-support organization 1835
and a local direct-support organization must shall provide for 1836
an annual financial audit in accordance with s. 215.981. 1837
(7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—1838
The state direct-support organization and a local direct-support 1839
organization may shall not exercise any power under s. 1840
617.0302(12) or (16). A No state employee may not shall receive 1841
compensation from the state direct-support organization or a 1842
local direct-support organization for service on the board of 1843
directors or for services rendered to the direct -support 1844
organization. 1845
Section 35. Section 1009.898, Florida Statutes, is created 1846
to read: 1847
1009.898 Pathway to Prosperity grants. — 1848
(1) The Pathway to Prosperity program shall administer the 1849
following grants to youth and young adults aging out of foster 1850
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care: 1851
(a) Grants to provide financial literacy instruction using 1852
a curriculum developed by the Department of Financial Services. 1853
(b) Grants to provide SAT and ACT preparation, including 1854
one-on-one support and fee waivers for the examinations. 1855
(c) Grants to youth and young adults planning to pursue 1856
trade careers or paid apprenticeships. 1857
(2) If a youth who is aging out of foster care is reunited 1858
with his or her parents, the grants remain av ailable for the 1859
youth for up to 6 months after reunification. 1860
Section 36. Subsection (1) of section 39.302, Florida 1861
Statutes, is amended to read: 1862
39.302 Protective investigations of institutional child 1863
abuse, abandonment, or neglect. — 1864
(1) The department shall conduct a child protective 1865
investigation of each report of institutional child abuse, 1866
abandonment, or neglect. Upon receipt of a report that alleges 1867
that an employee or agent of the department, or any other entity 1868
or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 1869
acting in an official capacity, has committed an act of child 1870
abuse, abandonment, or neglect, the department shall initiate a 1871
child protective investigation within the timeframe established 1872
under s. 39.101(2) and notify th e appropriate state attorney, 1873
law enforcement agency, and licensing agency, which shall 1874
immediately conduct a joint investigation, unless independent 1875
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investigations are more feasible. When conducting investigations 1876
or having face-to-face interviews with th e child, investigation 1877
visits shall be unannounced unless it is determined by the 1878
department or its agent that unannounced visits threaten the 1879
safety of the child. If a facility is exempt from licensing, the 1880
department shall inform the owner or operator of the facility of 1881
the report. Each agency conducting a joint investigation is 1882
entitled to full access to the information gathered by the 1883
department in the course of the investigation. A protective 1884
investigation must include an interview with the child's par ent 1885
or legal guardian. The department shall make a full written 1886
report to the state attorney within 3 business days after making 1887
the oral report. A criminal investigation shall be coordinated, 1888
whenever possible, with the child protective investigation of 1889
the department. Any interested person who has information 1890
regarding the offenses described in this subsection may forward 1891
a statement to the state attorney as to whether prosecution is 1892
warranted and appropriate. Within 15 days after the completion 1893
of the investigation, the state attorney shall report the 1894
findings to the department and shall include in the report a 1895
determination of whether or not prosecution is justified and 1896
appropriate in view of the circumstances of the specific case. 1897
Section 37. Paragraph (c) of subsection (1) of section 1898
39.521, Florida Statutes, is amended to read: 1899
39.521 Disposition hearings; powers of disposition. — 1900
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(1) A disposition hearing shall be conducted by the court, 1901
if the court finds that the facts alleged in the petition for 1902
dependency were proven in the adjudicatory hearing, or if the 1903
parents or legal custodians have consented to the finding of 1904
dependency or admitted the allegations in the petition, have 1905
failed to appear for the arraignment hearing after proper 1906
notice, or have not been located despite a diligent search 1907
having been conducted. 1908
(c) When any child is adjudicated by a court to be 1909
dependent, the court having jurisdiction of the child has the 1910
power by order to: 1911
1. Require the parent and, when appropriate, th e legal 1912
guardian or the child to participate in treatment and services 1913
identified as necessary. The court may require the person who 1914
has custody or who is requesting custody of the child to submit 1915
to a mental health or substance abuse disorder assessment o r 1916
evaluation. The order may be made only upon good cause shown and 1917
pursuant to notice and procedural requirements provided under 1918
the Florida Rules of Juvenile Procedure. The mental health 1919
assessment or evaluation must be administered by a qualified 1920
professional as defined in s. 39.01, and the substance abuse 1921
assessment or evaluation must be administered by a qualified 1922
professional as defined in s. 397.311. The court may also 1923
require such person to participate in and comply with treatment 1924
and services identified as necessary, including, when 1925
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appropriate and available, participation in and compliance with 1926
a mental health court program established under chapter 394 or a 1927
treatment-based drug court program established under s. 397.334. 1928
Adjudication of a child as dependent based upon evidence of harm 1929
as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 1930
cause, and the court shall require the parent whose actions 1931
caused the harm to submit to a substance abuse disorder 1932
assessment or evaluation and to partic ipate and comply with 1933
treatment and services identified in the assessment or 1934
evaluation as being necessary. In addition to supervision by the 1935
department, the court, including the mental health court program 1936
or the treatment-based drug court program, may ov ersee the 1937
progress and compliance with treatment by a person who has 1938
custody or is requesting custody of the child. The court may 1939
impose appropriate available sanctions for noncompliance upon a 1940
person who has custody or is requesting custody of the child o r 1941
make a finding of noncompliance for consideration in determining 1942
whether an alternative placement of the child is in the child's 1943
best interests. Any order entered under this subparagraph may be 1944
made only upon good cause shown. This subparagraph does not 1945
authorize placement of a child with a person seeking custody of 1946
the child, other than the child's parent or legal custodian, who 1947
requires mental health or substance abuse disorder treatment. 1948
2. Require, if the court deems necessary, the parties to 1949
participate in dependency mediation. 1950
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3. Require placement of the child either under the 1951
protective supervision of an authorized agent of the department 1952
in the home of one or both of the child's parents or in the home 1953
of a relative of the child or another adult approved by the 1954
court, or in the custody of the department. Protective 1955
supervision continues until the court terminates it or until the 1956
child reaches the age of 18, whichever date is first. Protective 1957
supervision shall be terminated by the court whenever the court 1958
determines that permanency has been achieved for the child, 1959
whether with a parent, another relative, or a legal custodian, 1960
and that protective supervision is no longer needed. The 1961
termination of supervision may be with or without retaining 1962
jurisdiction, at the court's discretion, and shall in either 1963
case be considered a permanency option for the child. The order 1964
terminating supervision by the department must set forth the 1965
powers of the custodian of the child and include the powers 1966
ordinarily granted to a guardian of the person of a minor unless 1967
otherwise specified. Upon the court's termination of supervision 1968
by the department, further judicial reviews are not required if 1969
permanency has been established for the child. 1970
4. Determine whether the chil d has a strong attachment to 1971
the prospective permanent guardian and whether such guardian has 1972
a strong commitment to permanently caring for the child. 1973
Section 38. Paragraph (d) of subsection (4) of section 1974
119.071, Florida Statutes, is amended to read: 1975
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119.071 General exemptions from inspection or copying of 1976
public records.— 1977
(4) AGENCY PERSONNEL INFORMATION. — 1978
(d)1. For purposes of this paragraph, the term: 1979
a. "Home addresses" means the dwelling location at which 1980
an individual resides and include s the physical address, mailing 1981
address, street address, parcel identification number, plot 1982
identification number, legal property description, neighborhood 1983
name and lot number, GPS coordinates, and any other descriptive 1984
property information that may reveal the home address. 1985
b. "Telephone numbers" includes home telephone numbers, 1986
personal cellular telephone numbers, personal pager telephone 1987
numbers, and telephone numbers associated with personal 1988
communications devices. 1989
2.a. The home addresses, telephone numbers, dates of 1990
birth, and photographs of active or former sworn law enforcement 1991
personnel or of active or former civilian personnel employed by 1992
a law enforcement agency, including correctional and 1993
correctional probation officers, personnel of the Depart ment of 1994
Children and Families whose duties include the investigation of 1995
abuse, neglect, exploitation, fraud, theft, or other criminal 1996
activities, personnel of the Department of Health whose duties 1997
are to support the investigation of child abuse or neglect, and 1998
personnel of the Department of Revenue or local governments 1999
whose responsibilities include revenue collection and 2000
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enforcement or child support enforcement; the names, home 2001
addresses, telephone numbers, photographs, dates of birth, and 2002
places of employment of the spouses and children of such 2003
personnel; and the names and locations of schools and day care 2004
facilities attended by the children of such personnel are exempt 2005
from s. 119.07(1) and s. 24(a), Art. I of the State 2006
Constitution. 2007
b. The home address es, telephone numbers, dates of birth, 2008
and photographs of current or former nonsworn investigative 2009
personnel of the Department of Financial Services whose duties 2010
include the investigation of fraud, theft, workers' compensation 2011
coverage requirements and com pliance, other related criminal 2012
activities, or state regulatory requirement violations; the 2013
names, home addresses, telephone numbers, dates of birth, and 2014
places of employment of the spouses and children of such 2015
personnel; and the names and locations of sch ools and day care 2016
facilities attended by the children of such personnel are exempt 2017
from s. 119.07(1) and s. 24(a), Art. I of the State 2018
Constitution. 2019
c. The home addresses, telephone numbers, dates of birth, 2020
and photographs of current or former nonsworn i nvestigative 2021
personnel of the Office of Financial Regulation's Bureau of 2022
Financial Investigations whose duties include the investigation 2023
of fraud, theft, other related criminal activities, or state 2024
regulatory requirement violations; the names, home address es, 2025
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telephone numbers, dates of birth, and places of employment of 2026
the spouses and children of such personnel; and the names and 2027
locations of schools and day care facilities attended by the 2028
children of such personnel are exempt from s. 119.07(1) and s. 2029
24(a), Art. I of the State Constitution. 2030
d. The home addresses, telephone numbers, dates of birth, 2031
and photographs of current or former firefighters certified in 2032
compliance with s. 633.408; the names, home addresses, telephone 2033
numbers, photographs, dates of birth, and places of employment 2034
of the spouses and children of such firefighters; and the names 2035
and locations of schools and day care facilities attended by the 2036
children of such firefighters are exempt from s. 119.07(1) and 2037
s. 24(a), Art. I of the State C onstitution. 2038
e. The home addresses, dates of birth, and telephone 2039
numbers of current or former justices of the Supreme Court, 2040
district court of appeal judges, circuit court judges, and 2041
county court judges; the names, home addresses, telephone 2042
numbers, dates of birth, and places of employment of the spouses 2043
and children of current or former justices and judges; and the 2044
names and locations of schools and day care facilities attended 2045
by the children of current or former justices and judges are 2046
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2047
Constitution. 2048
f. The home addresses, telephone numbers, dates of birth, 2049
and photographs of current or former state attorneys, assistant 2050
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state attorneys, statewide prosecutors, or assistant statewide 2051
prosecutors; the names, home addresses, telephone numbers, 2052
photographs, dates of birth, and places of employment of the 2053
spouses and children of current or former state attorneys, 2054
assistant state attorneys, statewide prosecutors, or assistant 2055
statewide prosecutors; and the names and locations of schools 2056
and day care facilities attended by the children of current or 2057
former state attorneys, assistant state attorneys, statewide 2058
prosecutors, or assistant statewide prosecutors are exempt from 2059
s. 119.07(1) and s. 24(a), A rt. I of the State Constitution. 2060
g. The home addresses, dates of birth, and telephone 2061
numbers of general magistrates, special magistrates, judges of 2062
compensation claims, administrative law judges of the Division 2063
of Administrative Hearings, and child supp ort enforcement 2064
hearing officers; the names, home addresses, telephone numbers, 2065
dates of birth, and places of employment of the spouses and 2066
children of general magistrates, special magistrates, judges of 2067
compensation claims, administrative law judges of th e Division 2068
of Administrative Hearings, and child support enforcement 2069
hearing officers; and the names and locations of schools and day 2070
care facilities attended by the children of general magistrates, 2071
special magistrates, judges of compensation claims, 2072
administrative law judges of the Division of Administrative 2073
Hearings, and child support enforcement hearing officers are 2074
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2075
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Constitution. 2076
h. The home addresses, telephone numbers, dates of birth, 2077
and photographs of current or former human resource, labor 2078
relations, or employee relations directors, assistant directors, 2079
managers, or assistant managers of any local government agency 2080
or water management district whose duties include hiring and 2081
firing employees, labor contract negotiation, administration, or 2082
other personnel-related duties; the names, home addresses, 2083
telephone numbers, dates of birth, and places of employment of 2084
the spouses and children of such personnel; and the names and 2085
locations of schools a nd day care facilities attended by the 2086
children of such personnel are exempt from s. 119.07(1) and s. 2087
24(a), Art. I of the State Constitution. 2088
i. The home addresses, telephone numbers, dates of birth, 2089
and photographs of current or former code enforcement officers; 2090
the names, home addresses, telephone numbers, dates of birth, 2091
and places of employment of the spouses and children of such 2092
personnel; and the names and locations of schools and day care 2093
facilities attended by the children of such personnel are e xempt 2094
from s. 119.07(1) and s. 24(a), Art. I of the State 2095
Constitution. 2096
j. The home addresses, telephone numbers, places of 2097
employment, dates of birth, and photographs of current or former 2098
guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2099
home addresses, telephone numbers, dates of birth, and places of 2100
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employment of the spouses and children of such persons; and the 2101
names and locations of schools and day care facilities attended 2102
by the children of such persons are exempt from s. 119.07(1) an d 2103
s. 24(a), Art. I of the State Constitution. 2104
k. The home addresses, telephone numbers, dates of birth, 2105
and photographs of current or former juvenile probation 2106
officers, juvenile probation supervisors, detention 2107
superintendents, assistant detention super intendents, juvenile 2108
justice detention officers I and II, juvenile justice detention 2109
officer supervisors, juvenile justice residential officers, 2110
juvenile justice residential officer supervisors I and II, 2111
juvenile justice counselors, juvenile justice counse lor 2112
supervisors, human services counselor administrators, senior 2113
human services counselor administrators, rehabilitation 2114
therapists, and social services counselors of the Department of 2115
Juvenile Justice; the names, home addresses, telephone numbers, 2116
dates of birth, and places of employment of spouses and children 2117
of such personnel; and the names and locations of schools and 2118
day care facilities attended by the children of such personnel 2119
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2120
Constitution. 2121
l. The home addresses, telephone numbers, dates of birth, 2122
and photographs of current or former public defenders, assistant 2123
public defenders, criminal conflict and civil regional counsel, 2124
and assistant criminal conflict and civil regional counsel; the 2125
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names, home addresses, telephone numbers, dates of birth, and 2126
places of employment of the spouses and children of current or 2127
former public defenders, assistant public defenders, criminal 2128
conflict and civil regional counsel, and assistant criminal 2129
conflict and civil regional counsel; and the names and locations 2130
of schools and day care facilities attended by the children of 2131
current or former public defenders, assistant public defenders, 2132
criminal conflict and civil regional counsel, and assistant 2133
criminal conflict and civil regional counsel are exempt from s. 2134
119.07(1) and s. 24(a), Art. I of the State Constitution. 2135
m. The home addresses, telephone numbers, dates of birth, 2136
and photographs of current or former investigators or inspectors 2137
of the Department of Business and Professional Regulation; the 2138
names, home addresses, telephone numbers, dates of birth, and 2139
places of employment of the spouses and children of such current 2140
or former investigators and inspectors; and the names and 2141
locations of schools and day care facilities attended by the 2142
children of such current or former investigators and inspectors 2143
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2144
Constitution. 2145
n. The home addresses, telephone numbers, and dates of 2146
birth of county tax collec tors; the names, home addresses, 2147
telephone numbers, dates of birth, and places of employment of 2148
the spouses and children of such tax collectors; and the names 2149
and locations of schools and day care facilities attended by the 2150
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children of such tax collectors are exempt from s. 119.07(1) and 2151
s. 24(a), Art. I of the State Constitution. 2152
o. The home addresses, telephone numbers, dates of birth, 2153
and photographs of current or former personnel of the Department 2154
of Health whose duties include, or result in, the dete rmination 2155
or adjudication of eligibility for social security disability 2156
benefits, the investigation or prosecution of complaints filed 2157
against health care practitioners, or the inspection of health 2158
care practitioners or health care facilities licensed by t he 2159
Department of Health; the names, home addresses, telephone 2160
numbers, dates of birth, and places of employment of the spouses 2161
and children of such personnel; and the names and locations of 2162
schools and day care facilities attended by the children of such 2163
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2164
the State Constitution. 2165
p. The home addresses, telephone numbers, dates of birth, 2166
and photographs of current or former impaired practitioner 2167
consultants who are retained by an agency or curren t or former 2168
employees of an impaired practitioner consultant whose duties 2169
result in a determination of a person's skill and safety to 2170
practice a licensed profession; the names, home addresses, 2171
telephone numbers, dates of birth, and places of employment of 2172
the spouses and children of such consultants or their employees; 2173
and the names and locations of schools and day care facilities 2174
attended by the children of such consultants or employees are 2175
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2176
Constitution. 2177
q. The home addresses, telephone numbers, dates of birth, 2178
and photographs of current or former emergency medical 2179
technicians or paramedics certified under chapter 401; the 2180
names, home addresses, telephone numbers, dates of birth, and 2181
places of employment of the spouses and children of such 2182
emergency medical technicians or paramedics; and the names and 2183
locations of schools and day care facilities attended by the 2184
children of such emergency medical technicians or paramedics are 2185
exempt from s. 119.07(1 ) and s. 24(a), Art. I of the State 2186
Constitution. 2187
r. The home addresses, telephone numbers, dates of birth, 2188
and photographs of current or former personnel employed in an 2189
agency's office of inspector general or internal audit 2190
department whose duties inclu de auditing or investigating waste, 2191
fraud, abuse, theft, exploitation, or other activities that 2192
could lead to criminal prosecution or administrative discipline; 2193
the names, home addresses, telephone numbers, dates of birth, 2194
and places of employment of spous es and children of such 2195
personnel; and the names and locations of schools and day care 2196
facilities attended by the children of such personnel are exempt 2197
from s. 119.07(1) and s. 24(a), Art. I of the State 2198
Constitution. 2199
s. The home addresses, telephone num bers, dates of birth, 2200
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and photographs of current or former directors, managers, 2201
supervisors, nurses, and clinical employees of an addiction 2202
treatment facility; the home addresses, telephone numbers, 2203
photographs, dates of birth, and places of employment of the 2204
spouses and children of such personnel; and the names and 2205
locations of schools and day care facilities attended by the 2206
children of such personnel are exempt from s. 119.07(1) and s. 2207
24(a), Art. I of the State Constitution. For purposes of this 2208
sub-subparagraph, the term "addiction treatment facility" means 2209
a county government, or agency thereof, that is licensed 2210
pursuant to s. 397.401 and provides substance abuse prevention, 2211
intervention, or clinical treatment, including any licensed 2212
service component described in s. 397.311(26). 2213
t. The home addresses, telephone numbers, dates of birth, 2214
and photographs of current or former directors, managers, 2215
supervisors, and clinical employees of a child advocacy center 2216
that meets the standards of s. 39.3035(2) and f ulfills the 2217
screening requirement of s. 39.3035(3), and the members of a 2218
Child Protection Team as described in s. 39.303 whose duties 2219
include supporting the investigation of child abuse or sexual 2220
abuse, child abandonment, child neglect, and child exploitat ion 2221
or to provide services as part of a multidisciplinary case 2222
review team; the names, home addresses, telephone numbers, 2223
photographs, dates of birth, and places of employment of the 2224
spouses and children of such personnel and members; and the 2225
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names and locations of schools and day care facilities attended 2226
by the children of such personnel and members are exempt from s. 2227
119.07(1) and s. 24(a), Art. I of the State Constitution. 2228
u. The home addresses, telephone numbers, places of 2229
employment, dates of birth, and photographs of current or former 2230
staff and domestic violence advocates, as defined in s. 2231
90.5036(1)(b), of domestic violence centers certified by the 2232
Department of Children and Families under chapter 39; the names, 2233
home addresses, telephone numbers, pl aces of employment, dates 2234
of birth, and photographs of the spouses and children of such 2235
personnel; and the names and locations of schools and day care 2236
facilities attended by the children of such personnel are exempt 2237
from s. 119.07(1) and s. 24(a), Art. I o f the State 2238
Constitution. 2239
3. An agency that is the custodian of the information 2240
specified in subparagraph 2. and that is not the employer of the 2241
officer, employee, justice, judge, or other person specified in 2242
subparagraph 2. must maintain the exempt stat us of that 2243
information only if the officer, employee, justice, judge, other 2244
person, or employing agency of the designated employee submits a 2245
written and notarized request for maintenance of the exemption 2246
to the custodial agency. The request must state unde r oath the 2247
statutory basis for the individual's exemption request and 2248
confirm the individual's status as a party eligible for exempt 2249
status. 2250
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4.a. A county property appraiser, as defined in s. 2251
192.001(3), or a county tax collector, as defined in s. 2252
192.001(4), who receives a written and notarized request for 2253
maintenance of the exemption pursuant to subparagraph 3. must 2254
comply by removing the name of the individual with exempt status 2255
and the instrument number or Official Records book and page 2256
number identifying the property with the exempt status from all 2257
publicly available records maintained by the property appraiser 2258
or tax collector. For written requests received on or before 2259
July 1, 2021, a county property appraiser or county tax 2260
collector must comply wit h this sub-subparagraph by October 1, 2261
2021. A county property appraiser or county tax collector may 2262
not remove the street address, legal description, or other 2263
information identifying real property within the agency's 2264
records so long as a name or personal i nformation otherwise 2265
exempt from inspection and copying pursuant to this section are 2266
not associated with the property or otherwise displayed in the 2267
public records of the agency. 2268
b. Any information restricted from public display, 2269
inspection, or copying un der sub-subparagraph a. must be 2270
provided to the individual whose information was removed. 2271
5. An officer, an employee, a justice, a judge, or other 2272
person specified in subparagraph 2. may submit a written request 2273
for the release of his or her exempt infor mation to the 2274
custodial agency. The written request must be notarized and must 2275
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specify the information to be released and the party authorized 2276
to receive the information. Upon receipt of the written request, 2277
the custodial agency must release the specified information to 2278
the party authorized to receive such information. 2279
6. The exemptions in this paragraph apply to information 2280
held by an agency before, on, or after the effective date of the 2281
exemption. 2282
7. Information made exempt under this paragraph may be 2283
disclosed pursuant to s. 28.2221 to a title insurer authorized 2284
pursuant to s. 624.401 and its affiliates as defined in s. 2285
624.10; a title insurance agent or title insurance agency as 2286
defined in s. 626.841(1) or (2), respectively; or an attorney 2287
duly admitted to practice law in this state and in good standing 2288
with The Florida Bar. 2289
8. The exempt status of a home address contained in the 2290
Official Records is maintained only during the period when a 2291
protected party resides at the dwelling location. Upon 2292
conveyance of real property after October 1, 2021, and when such 2293
real property no longer constitutes a protected party's home 2294
address as defined in sub -subparagraph 1.a., the protected party 2295
must submit a written request to release the removed information 2296
to the county recorder. The written request to release the 2297
removed information must be notarized, must confirm that a 2298
protected party's request for release is pursuant to a 2299
conveyance of his or her dwelling location, and must specify the 2300
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Official Records book a nd page, instrument number, or clerk's 2301
file number for each document containing the information to be 2302
released. 2303
9. Upon the death of a protected party as verified by a 2304
certified copy of a death certificate or court order, any party 2305
can request the county recorder to release a protected 2306
decedent's removed information unless there is a related request 2307
on file with the county recorder for continued removal of the 2308
decedent's information or unless such removal is otherwise 2309
prohibited by statute or by court ord er. The written request to 2310
release the removed information upon the death of a protected 2311
party must attach the certified copy of a death certificate or 2312
court order and must be notarized, must confirm the request for 2313
release is due to the death of a protect ed party, and must 2314
specify the Official Records book and page number, instrument 2315
number, or clerk's file number for each document containing the 2316
information to be released. A fee may not be charged for the 2317
release of any document pursuant to such request. 2318
10. This paragraph is subject to the Open Government 2319
Sunset Review Act in accordance with s. 119.15 and shall stand 2320
repealed on October 2, 2024, unless reviewed and saved from 2321
repeal through reenactment by the Legislature. 2322
Section 39. Subsection (4) of section 322.09, Florida 2323
Statutes, is amended to read: 2324
322.09 Application of minors; responsibility for 2325
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negligence or misconduct of minor. — 2326
(4) Notwithstanding subsections (1) and (2), if a 2327
caregiver of a minor who is under the age of 18 years and is in 2328
out-of-home care as defined in s. 39.01 s. 39.01(55), an 2329
authorized representative of a residential group home at which 2330
such a minor resides, the caseworker at the agency at which the 2331
state has placed the minor, or a guardian ad litem specifically 2332
authorized by the minor's caregiver to sign for a learner's 2333
driver license signs the minor's application for a learner's 2334
driver license, that caregiver, group home representative, 2335
caseworker, or guardian ad litem does not assume any obligation 2336
or become liable for any damages caused by the negligence or 2337
willful misconduct of the minor by reason of having signed the 2338
application. Before signing the application, the caseworker, 2339
authorized group home representative, or guardian ad litem shall 2340
notify the caregiver o r other responsible party of his or her 2341
intent to sign and verify the application. 2342
Section 40. Paragraph (p) of subsection (4) of section 2343
394.495, Florida Statutes, is amended to read: 2344
394.495 Child and adolescent mental health system of care; 2345
programs and services. — 2346
(4) The array of services may include, but is not limited 2347
to: 2348
(p) Trauma-informed services for children who have 2349
suffered sexual exploitation as defined in s. 39.01(80)(g) s. 2350
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39.01(77)(g). 2351
Section 41. Section 627.746, Florid a Statutes, is amended 2352
to read: 2353
627.746 Coverage for minors who have a learner's driver 2354
license; additional premium prohibited. —An insurer that issues 2355
an insurance policy on a private passenger motor vehicle to a 2356
named insured who is a caregiver of a min or who is under the age 2357
of 18 years and is in out -of-home care as defined in s. 39.01 s. 2358
39.01(55) may not charge an additional premium for coverage of 2359
the minor while the minor is operating the insured vehicle, for 2360
the period of time that the minor has a learner's driver 2361
license, until such time as the minor obtains a driver license. 2362
Section 42. Paragraph (b) of subsection (9) of section 2363
768.28, Florida Statutes, is amended to read: 2364
768.28 Waiver of sovereign immunity in tort actions; 2365
recovery limits; civil liability for damages caused during a 2366
riot; limitation on attorney fees; statute of limitations; 2367
exclusions; indemnification; risk management programs. — 2368
(9) 2369
(b) As used in this subsection, the term: 2370
1. "Employee" includes any volunteer firefig hter. 2371
2. "Officer, employee, or agent" includes, but is not 2372
limited to, any health care provider when providing services 2373
pursuant to s. 766.1115; any nonprofit independent college or 2374
university located and chartered in this state which owns or 2375
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operates an accredited medical school, and its employees or 2376
agents, when providing patient services pursuant to paragraph 2377
(10)(f); any public defender or her or his employee or agent, 2378
including an assistant public defender or an investigator; and 2379
any member of a Child Protection Team, as defined in s. 39.01 s. 2380
39.01(13), when carrying out her or his duties as a team member 2381
under the control, direction, and supervision of the state or 2382
any of its agencies or subdivisions. 2383
Section 43. Paragraph (c) of subsection (1) of section 2384
934.255, Florida Statutes, is amended to read: 2385
934.255 Subpoenas in investigations of sexual offenses. — 2386
(1) As used in this section, the term: 2387
(c) "Sexual abuse of a child" means a criminal offense 2388
based on any conduct described in s. 39.01(80) s. 39.01(77). 2389
Section 44. Subsection (5) of section 960.065, Florida 2390
Statutes, is amended to read: 2391
960.065 Eligibility for awards. — 2392
(5) A person is not ineligible for an award pursuant to 2393
paragraph (2)(a), paragraph (2)(b), or paragraph (2)( c) if that 2394
person is a victim of sexual exploitation of a child as defined 2395
in s. 39.01(80)(g) s. 39.01(77)(g). 2396
Section 45. The Division of Law Revision is requested to 2397
prepare a reviser's bill for the 2024 Regular Session of the 2398
Legislature to substitu te the term "Statewide Guardian ad Litem 2399
Office" for the term "Statewide Guardian Ad Litem Program" 2400
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throughout the Florida Statutes. 2401
Section 46. This act shall take effect July 1, 2023. 2402