FL
Florida House Bill H0875

Florida 2023 Regular Session

Florida House Bill H0875 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to dependent children; amending s. 2
1616 39.001, F.S.; revising the purposes of chapter 39; 3
1717 requiring the Statewide Guardian ad Litem Office and 4
1818 circuit guardian ad litem offices to participate in 5
1919 the development of a certain state plan; conformi ng a 6
2020 provision to changes made by the act; amending s. 7
2121 39.00145, F.S.; authorizing a child's attorney ad 8
2222 litem to inspect certain records; amending s. 9
2323 39.00146, F.S.; conforming provisions to changes made 10
2424 by the act; amending s. 39.0016, F.S.; requiring a 11
2525 child's guardian ad litem be included in the 12
2626 coordination of certain educational services; amending 13
2727 s. 39.01, F.S.; providing and revising definitions; 14
2828 amending s. 39.013, F.S.; requiring the court to 15
2929 appoint a guardian ad litem for a child at the 16
30-earliest possible time; authorizing a guardian ad 17
31-litem to represent a child in other proceedings to 18
32-secure certain services and benefits; authorizing the 19
33-court to appoint an attorney ad litem for a child 20
34-after it makes certain determinations; authorizing an 21
35-attorney ad litem to represent a child in other 22
36-proceedings to secure certain services and benefits; 23
37-amending s. 39.01305, F.S.; revising provisions 24
38-relating to the appointment of an attorney for certain 25
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47-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
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51-children; revising legislative findings; authorizing 26
52-the court to appoint an attorney ad litem for a child 27
53-after making certain determinations; providing 28
54-requirements for the appointment and discharge of an 29
55-attorney ad litem; authorizing an attorney ad litem to 30
56-represent a child in other proceedings to secure 31
57-certain services and benefits; conforming provisions 32
58-to changes made by the act; providing applicability; 33
59-amending s. 39.0132, F.S.; authorizing a child's 34
60-attorney ad litem to inspect certain records; amending 35
61-s. 39.0136, F.S.; revising the parties who may r equest 36
62-a continuance in a proceeding; amending s. 39.0139, 37
63-F.S.; conforming provisions to changes made by the 38
64-act; amending s. 39.202, F.S.; requiring that certain 39
65-confidential records be released to the guardian ad 40
66-litem and attorney ad litem; conforming a cross-41
67-reference; amending s. 39.402, F.S.; requiring parents 42
68-to consent to provide certain information to the 43
69-guardian ad litem and attorney ad litem; conforming 44
70-provisions to changes made by the act; amending s. 45
71-39.4022, F.S.; revising the participants who must be 46
72-invited to a multidisciplinary team staffing; amending 47
73-s. 39.4023, F.S.; requiring notice of a 48
74-multidisciplinary team staffing be provided to a 49
75-child's guardian ad litem and attorney ad litem; 50
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84-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
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88-conforming provisions to changes made by the act; 51
89-amending s. 39.407, F.S.; conforming provisions to 52
90-changes made by the act; amending s. 39.4085, F.S.; 53
91-providing a goal of permanency; conforming provisions 54
92-to changes made by the act; amending s. 39.522, F.S.; 55
93-conforming provisions to changes made by the a ct; 56
94-amending s. 39.6012, F.S.; requiring a case plan to 57
95-include written descriptions of certain activities; 58
96-conforming a cross-reference; creating s. 39.6036, 59
97-F.S.; providing legislative findings and intent; 60
98-requiring the Statewide Guardian ad Litem Office to 61
99-work with certain children to identify a supportive 62
100-adult to enter into a specified agreement; requiring 63
101-such agreement be documented in the child's court 64
102-file; requiring the office to coordinate with the 65
103-Office of Continuing Care for a specified purpo se; 66
104-amending s. 39.621, F.S.; conforming provisions to 67
105-changes made by the act; amending s. 39.6241, F.S.; 68
106-requiring a guardian ad litem to advise the court 69
107-regarding certain information and to ensure a certain 70
108-agreement has been documented in the child's court 71
109-file; amending s. 39.701, F.S.; requiring certain 72
110-notice be given to an attorney ad litem; requiring a 73
111-court to give a guardian ad litem an opportunity to 74
112-address the court in certain proceedings; requiring 75
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121-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
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125-the court to inquire and determine if a chi ld has a 76
126-certain agreement documented in his or her court file 77
127-at a specified hearing; conforming provisions to 78
128-changes made by the act; amending s. 39.801, F.S.; 79
129-conforming provisions to changes made by the act; 80
130-amending s. 39.807, F.S.; requiring a court to appoint 81
131-a guardian ad litem to represent the child; revising a 82
132-guardian ad litem's responsibilities and authorities; 83
133-deleting provisions relating to bonds and service of 84
134-pleadings or papers; amending s. 39.808, F.S.; 85
135-conforming provisions to changes ma de by the act; 86
136-amending s. 39.815, F.S.; conforming provisions to 87
137-changes made by the act; repealing s. 39.820, F.S., 88
138-relating to definitions of the terms "guardian ad 89
139-litem" and "guardian advocate"; amending s. 39.821, 90
140-F.S.; conforming provisions to chang es made by the 91
141-act; amending s. 39.822, F.S.; providing that a 92
142-guardian ad litem is a fiduciary and must provide 93
143-independent representation to a child; revising 94
144-responsibilities of a guardian ad litem; requiring 95
145-that guardians ad litem have certain access to the 96
146-children the guardians ad litem represent; providing 97
147-actions that a guardian ad litem does or does not have 98
148-to fulfill; amending s. 39.827, F.S.; authorizing a 99
149-child's guardian ad litem and attorney ad litem to 100
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158-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
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162-inspect certain records; amending s. 3 9.8296, F.S.; 101
163-revising the duties and appointment of the executive 102
164-director of the Statewide Guardian ad Litem Office; 103
165-requiring the training program for guardians ad litem 104
166-to be updated regularly; requiring the office to 105
167-provide oversight and technical as sistance to 106
168-attorneys ad litem; specifying certain requirements of 107
169-the office; amending s. 39.8297, F.S.; conforming 108
170-provisions to changes made by the act; amending s. 109
171-39.8298, F.S.; authorizing the executive director of 110
172-the Statewide Guardian ad Litem Off ice to create or 111
173-designate local direct -support organizations; 112
174-providing responsibilities for the executive director 113
175-of the office; requiring that certain moneys be held 114
176-in a separate depository account; conforming 115
177-provisions to changes made by the act; cr eating s. 116
178-1009.898, F.S.; authorizing the Pathway to Prosperity 117
179-program to provide certain grants to youth and young 118
180-adults who are aging out of foster care; requiring 119
181-grants to extend for a certain period of time after a 120
182-recipient is reunited with his or her parents; 121
183-amending ss. 39.302, 39.521, 119.071, 322.09, 394.495, 122
184-627.746, 768.28, 934.255, and 960.065, F.S.; 123
185-conforming cross-references; providing a directive to 124
186-the Division of Law Revision; providing an effective 125
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195-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
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199-date; 126
200- 127
201-Be It Enacted by the Legi slature of the State of Florida: 128
202- 129
203- Section 1. Paragraph (j) of subsection (1) and paragraph 130
204-(a) of subsection (10) of section 39.001, Florida Statutes, are 131
205-amended to read: 132
206- 39.001 Purposes and intent; personnel standards and 133
207-screening.— 134
208- (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 135
209- (j) To ensure that, when reunification or adoption is not 136
210-possible, the child will be prepared for alternative permanency 137
211-goals or placements, to include, but not be limited to, long -138
212-term foster care, indepe ndent living, custody to a relative on a 139
213-permanent basis with or without legal guardianship, or custody 140
214-to a foster parent or legal custodian on a permanent basis with 141
215-or without legal guardianship. Permanency for a child who is 142
216-transitioning from foster c are to independent living includes 143
217-naturally occurring, lifelong, kin -like connections between the 144
218-child and a supportive adult. 145
219- (10) PLAN FOR COMPREHENSIVE APPROACH. — 146
220- (a) The office shall develop a state plan for the 147
221-promotion of adoption, support of adoptive families, and 148
222-prevention of abuse, abandonment, and neglect of children. The 149
223-Department of Children and Families, the Department of 150
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232-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
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236-Corrections, the Department of Education, the Department of 151
237-Health, the Department of Juvenile Justice, the Departm ent of 152
238-Law Enforcement, the Statewide Guardian ad Litem Office, and the 153
239-Agency for Persons with Disabilities shall participate and fully 154
240-cooperate in the development of the state plan at both the state 155
241-and local levels. Furthermore, appropriate local agenc ies and 156
242-organizations shall be provided an opportunity to participate in 157
243-the development of the state plan at the local level. 158
244-Appropriate local groups and organizations shall include, but 159
245-not be limited to, community mental health centers; circuit 160
246-guardian ad litem offices programs for children under the 161
247-circuit court; the school boards of the local school districts; 162
248-the Florida local advocacy councils; community -based care lead 163
249-agencies; private or public organizations or programs with 164
250-recognized expertise in working with child abuse prevention 165
251-programs for children and families; private or public 166
252-organizations or programs with recognized expertise in working 167
253-with children who are sexually abused, physically abused, 168
254-emotionally abused, abandoned, or neglec ted and with expertise 169
255-in working with the families of such children; private or public 170
256-programs or organizations with expertise in maternal and infant 171
257-health care; multidisciplinary Child Protection Teams; child day 172
258-care centers; law enforcement agencies; and the circuit courts , 173
259-when guardian ad litem programs are not available in the local 174
260-area. The state plan to be provided to the Legislature and the 175
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269-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
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273-Governor shall include, as a minimum, the information required 176
274-of the various groups in paragraph (b). 177
275- Section 2. Subsection (2) of section 39.00145, Florida 178
276-Statutes, is amended to read: 179
277- 39.00145 Records concerning children. — 180
278- (2) Notwithstanding any other provision of this chapter, 181
279-all records in a child's case record must be made available for 182
280-inspection, upon request, to the child who is the subject of the 183
281-case record and to the child's caregiver, guardian ad litem, or 184
282-attorney ad litem, if one is appointed . 185
283- (a) A complete and accurate copy of any record in a 186
284-child's case record must be provided, upon request and at no 187
285-cost, to the child who is the subject of the case record and to 188
286-the child's caregiver, guardian ad litem, or attorney ad litem, 189
287-if one is appointed. 190
288- (b) The department shall release the information in a 191
289-manner and setting that are appropriate to the age and maturity 192
290-of the child and the nature of the information being released, 193
291-which may include the release of information in a therapeutic 194
292-setting, if appropriate. This paragraph does not deny the child 195
293-access to his or her records. 196
294- (c) If a child or the child's caregiver, guardian ad 197
295-litem, or attorney ad litem, if one is appointed, requests 198
296-access to the child's case record, any person or entity that 199
297-fails to provide any record in the case record under assertion 200
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310-of a claim of exemption from the public records requirements of 201
311-chapter 119, or fails to provide access within a reasonable 202
312-time, is subject to sanctions and penalties under s. 119.10. 203
313- (d) For the purposes of this subsection, the term 204
314-"caregiver" is limited to parents, leg al custodians, permanent 205
315-guardians, or foster parents; employees of a residential home, 206
316-institution, facility, or agency at which the child resides; and 207
317-other individuals legally responsible for a child's welfare in a 208
318-residential setting. 209
319- Section 3. Paragraph (a) of subsection (2) of section 210
320-39.00146, Florida Statutes, is amended to read: 211
321- 39.00146 Case record face sheet. — 212
322- (2) The case record of every child under the supervision 213
323-or in the custody of the department or the department's 214
324-authorized agents, including community -based care lead agencies 215
325-and their subcontracted providers, must include a face sheet 216
326-containing relevant information about the child and his or her 217
327-case, including at least all of the following: 218
328- (a) General case information, inc luding, but not limited 219
329-to, all of the following : 220
330- 1. The child's name and date of birth .; 221
331- 2. The current county of residence and the county of 222
332-residence at the time of the referral .; 223
333- 3. The reason for the referral and any family safety 224
334-concerns.; 225
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343-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
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347- 4. The personal identifying information of the parents or 226
348-legal custodians who had custody of the child at the time of the 227
349-referral, including name, date of birth, and county of 228
350-residence.; 229
351- 5. The date of removal from the home .; and 230
352- 6. The name and cont act information of the attorney or 231
353-attorneys assigned to the case in all capacities, including the 232
354-attorney or attorneys that represent the department and the 233
355-parents, and the guardian ad litem , if one has been appointed . 234
356- Section 4. Paragraph (b) of su bsection (2) of section 235
357-39.0016, Florida Statutes, is amended to read: 236
358- 39.0016 Education of abused, neglected, and abandoned 237
359-children; agency agreements; children having or suspected of 238
360-having a disability. — 239
361- (2) AGENCY AGREEMENTS. — 240
362- (b) The department shall enter into agreements with 241
363-district school boards or other local educational entities 242
364-regarding education and related services for children known to 243
365-the department who are of school age and children known to the 244
366-department who are younger than schoo l age but who would 245
367-otherwise qualify for services from the district school board. 246
368-Such agreements must shall include, but are not limited to: 247
369- 1. A requirement that the department shall: 248
370- a. Ensure that children known to the department are 249
371-enrolled in school or in the best educational setting that meets 250
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380-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
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384-the needs of the child. The agreement must shall provide for 251
385-continuing the enrollment of a child known to the department at 252
386-the school of origin when possible if it is in the best interest 253
387-of the child, with the goal of minimal disruption of education. 254
388- b. Notify the school and school district in which a child 255
389-known to the department is enrolled of the name and phone number 256
390-of the child known to the department caregiver and caseworker 257
391-for child safety purposes. 258
392- c. Establish a protocol for the department to share 259
393-information about a child known to the department with the 260
394-school district, consistent with the Family Educational Rights 261
395-and Privacy Act, since the sharing of information will assist 262
396-each agency in obtaining education and related services for the 263
397-benefit of the child. The protocol must require the district 264
398-school boards or other local educational entities to access the 265
399-department's Florida Safe Families Network to obtain information 266
400-about children known to the department, consistent with the 267
401-Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 268
402-1232g. 269
403- d. Notify the school district of the department's case 270
404-planning for a child known to the department, both at the time 271
405-of plan development and plan review. Within the plan development 272
406-or review process, the school district may provide information 273
407-regarding the child known to the department if the school 274
408-district deems it desirable and appropriate. 275
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417-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
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421- e. Show no prejudice against a caregiver who desires to 276
422-educate at home a child placed in his or her home through the 277
423-child welfare system. 278
424- 2. A requirement that the district school board shall: 279
425- a. Provide the department with a general listing of the 280
426-services and information available from t he district school 281
427-board to facilitate educational access for a child known to the 282
428-department. 283
429- b. Identify all educational and other services provided by 284
430-the school and school district which the school district 285
431-believes are reasonably necessary to meet t he educational needs 286
432-of a child known to the department. 287
433- c. Determine whether transportation is available for a 288
434-child known to the department when such transportation will 289
435-avoid a change in school assignment due to a change in 290
436-residential placement. Reco gnizing that continued enrollment in 291
437-the same school throughout the time the child known to the 292
438-department is in out -of-home care is preferable unless 293
439-enrollment in the same school would be unsafe or otherwise 294
440-impractical, the department, the district scho ol board, and the 295
441-Department of Education shall assess the availability of 296
442-federal, charitable, or grant funding for such transportation. 297
443- d. Provide individualized student intervention or an 298
444-individual educational plan when a determination has been made 299
445-through legally appropriate criteria that intervention services 300
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454-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
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458-are required. The intervention or individual educational plan 301
459-must include strategies to enable the child known to the 302
460-department to maximize the attainment of educational goals. 303
461- 3. A requirement that the department and the district 304
462-school board shall cooperate in accessing the services and 305
463-supports needed for a child known to the department who has or 306
464-is suspected of having a disability to receive an appropriate 307
465-education consistent with the Individuals with Disabilities 308
466-Education Act and state implementing laws, rules, and 309
467-assurances. Coordination of services for a child known to the 310
468-department who has or is suspected of having a disability may 311
469-include: 312
470- a. Referral for screening. 313
471- b. Sharing of evaluations between the school district and 314
472-the department where appropriate. 315
473- c. Provision of education and related services appropriate 316
474-for the needs and abilities of the child known to the 317
475-department. 318
476- d. Coordination of services and plans between the school 319
477-and the residential setting to avoid duplication or conflicting 320
478-service plans. 321
479- e. Appointment of a surrogate parent, consistent with the 322
480-Individuals with Disabilities Education Act and pursuant to 323
481-subsection (3), for educational purpos es for a child known to 324
482-the department who qualifies. 325
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495- f. For each child known to the department 14 years of age 326
496-and older, transition planning by the department and all 327
497-providers, including the department's independent living program 328
498-staff and the guardian ad litem of the child , to meet the 329
499-requirements of the local school district for educational 330
500-purposes. 331
501- Section 5. Subsections (8) through (30) and (31) through 332
502-(87) of section 39.01, Florida Statutes, are renumbered as 333
503-subsections (9) through (31) a nd (34) through (90), 334
504-respectively, present subsections (9), (36), and (58) are 335
505-amended, and new subsections (8), (32), and (33) are added to 336
506-that section, to read: 337
507- 39.01 Definitions.—When used in this chapter, unless the 338
508-context otherwise requires: 339
509- (8) "Attorney ad litem" means an attorney appointed by the 340
510-court to represent a child in a dependency case who has an 341
511-attorney-client relationship with the child under the rules 342
512-regulating The Florida Bar. 343
513- (10)(9) "Caregiver" means the parent, legal custod ian, 344
514-permanent guardian, adult household member, or other person 345
515-responsible for a child's welfare as defined in subsection 346
516-(57)(54). 347
517- (32) "Guardian ad litem" means a person or entity that is 348
518-a fiduciary appointed by the court to represent a child in any 349
519-civil, criminal, or administrative proceeding to which the child 350
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528-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
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532-is a party, including, but not limited to, under this chapter, 351
533-which uses a best interest standard for decisionmaking and 352
534-advocacy. For purposes of this chapter, the term includes, but 353
535-is not limited to, the Statewide Guardian ad Litem Office, which 354
536-includes all circuit guardian ad litem offices and the duly 355
537-certified volunteers, staff, and attorneys assigned by the 356
538-Statewide Guardian ad Litem Office to represent children; a 357
539-court-appointed attorney; or a responsible adult who is 358
540-appointed by the court. A guardian ad litem is a party to the 359
541-judicial proceeding as a representative of the child and serves 360
542-until the jurisdiction of the court over the child terminates or 361
543-until excused by the court . 362
544- (33) "Guardian advocate" means a person appointed by the 363
545-court to act on behalf of a drug -dependent newborn under part XI 364
546-of this chapter. 365
547- (39)(36) "Institutional child abuse or neglect" means 366
548-situations of known or suspected child abuse or neglect i n which 367
549-the person allegedly perpetrating the child abuse or neglect is 368
550-an employee of a public or private school, public or private day 369
551-care center, residential home, institution, facility, or agency 370
552-or any other person at such institution responsible for the 371
553-child's welfare as defined in subsection (57)(54). 372
554- (61)(58) "Party" means the parent or parents of the child, 373
555-the petitioner, the department, the guardian ad litem or the 374
556-representative of the guardian ad litem program when the program 375
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565-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
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569-has been appointed, and the child. The presence of the child may 376
570-be excused by order of the court when presence would not be in 377
571-the child's best interest. Notice to the child may be excused by 378
572-order of the court when the age, capacity, or other condition of 379
573-the child is such that the notice would be meaningless or 380
574-detrimental to the child. 381
575- Section 6. Subsection (11) of section 39.013, Florida 382
576-Statutes, is amended and subsection (13) is added to that 383
577-section, to read: 384
578- 39.013 Procedures and jurisdiction; right to counsel; 385
579-guardian ad litem and attorney ad litem .— 386
580- (11) The court shall appoint a guardian ad litem at the 387
581-earliest possible time to represent a child throughout the 388
582-proceedings, including any appeals. The guardian ad litem may 389
583-represent the child in pro ceedings outside of the dependency 390
584-case to secure the services and benefits that provide for the 391
585-care, safety, and protection of the child encourage the 392
586-Statewide Guardian Ad Litem Office to provide greater 393
587-representation to those children who are within 1 year of 394
588-transferring out of foster care . 395
589- (13) The court may appoint an attorney ad litem for a 396
590-child if the court believes the child is in need of such 397
591-representation and determines that the child has a rational and 398
592-factual understanding of the proceedi ngs and sufficient present 399
593-ability to consult with an attorney with a reasonable degree of 400
594-
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604-
605-
606-rational understanding. The attorney ad litem may represent the 401
607-child in proceedings outside of the dependency case to secure 402
608-services and benefits that provide for the care, safety, and 403
609-protection of the child. 404
610- Section 7. Section 39.01305, Florida Statutes, is amended 405
611-to read: 406
612- 39.01305 Appointment of an attorney ad litem for a 407
613-dependent child with certain special needs .— 408
614- (1)(a) The Legislature finds that : 409
615- 1. all children in proceedings under this chapter have 410
616-important interests at stake, such as health, safety, and well -411
617-being and the need to obtain permanency. While such children are 412
618-represented by the Statewide Guardian ad Litem Office using a 413
619-best interest standard of decisionmaking and advocacy, some 414
620-children may also need representation by an attorney ad litem in 415
621-proceedings under this chapter. 416
622- (2) The court may appoint an attorney ad litem for a child 417
623-if the court believes the child is in need of such 418
624-representation and determines that the child has a rational and 419
625-factual understanding of the proceedings and sufficient present 420
626-ability to consult with an attorney with a reasonable degree of 421
627-rational understanding. 422
628- 2. A dependent child who has certain special needs has a 423
629-particular need for an attorney to represent the dependent child 424
630-in proceedings under this chapter, as well as in fair hearings 425
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639-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
640-
641-
642-
643-and appellate proceedings, so that the attorney may address the 426
644-child's medical and related needs and the se rvices and supports 427
645-necessary for the child to live successfully in the community. 428
646- (b) The Legislature recognizes the existence of 429
647-organizations that provide attorney representation to children 430
648-in certain jurisdictions throughout the state. Further, the 431
649-statewide Guardian Ad Litem Program provides best interest 432
650-representation for dependent children in every jurisdiction in 433
651-accordance with state and federal law. The Legislature, 434
652-therefore, does not intend that funding provided for 435
653-representation under this section supplant proven and existing 436
654-organizations representing children. Instead, the Legislature 437
655-intends that funding provided for representation under this 438
656-section be an additional resource for the representation of more 439
657-children in these jurisdictions , to the extent necessary to meet 440
658-the requirements of this chapter, with the cooperation of 441
659-existing local organizations or through the expansion of those 442
660-organizations. The Legislature encourages the expansion of pro 443
661-bono representation for children. This section is not intended 444
662-to limit the ability of a pro bono attorney to appear on behalf 445
663-of a child. 446
664- (2) As used in this section, the term "dependent child" 447
665-means a child who is subject to any proceeding under this 448
666-chapter. The term does not require that a child be adjudicated 449
667-dependent for purposes of this section. 450
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676-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
677-
678-
679-
680- (3) An attorney shall be appointed for a dependent child 451
681-who: 452
682- (a) Resides in a skilled nursing facility or is being 453
683-considered for placement in a skilled nursing home; 454
684- (b) Is prescribed a psychotropic medication but declines 455
685-assent to the psychotropic medication; 456
686- (c) Has a diagnosis of a developmental disability as 457
687-defined in s. 393.063; 458
688- (d) Is being placed in a residential treatment center or 459
689-being considered for placement in a resid ential treatment 460
690-center; or 461
691- (e) Is a victim of human trafficking as defined in s. 462
692-787.06(2)(d). 463
693- (3)(a)(4)(a) Before a court may appoint an attorney ad 464
694-litem, who may be compensated pursuant to this section, the 465
695-court must request a recommendation from the Statewide Guardian 466
696-ad Litem Office for an attorney who is willing to represent a 467
697-child without additional compensation. If such an attorney is 468
698-available within 15 days after the court's request, the court 469
699-must appoint that attorney. However, the court may appoint a 470
700-compensated attorney within the 15 -day period if the Statewide 471
701-Guardian ad Litem Office informs the court that the office is 472
702-unable it will not be able to recommend an attorney within that 473
703-time period. 474
704- (b) A court order appointing After an attorney ad litem 475
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715-
716-
717-under this section must be in writing. is appointed, the 476
718-appointment continues in effect until the attorney is allowed to 477
719-withdraw or is discha rged by The court must discharge or until 478
720-the case is dismissed. an attorney ad litem who is appointed 479
721-under this section if the need for such representation is 480
722-resolved. The attorney ad litem may represent the child in 481
723-proceedings outside of the dependenc y case to secure services 482
724-and benefits that provide for the care, safety, and protection 483
725-of the child to represent the child shall provide the complete 484
726-range of legal services, from the removal from home or from the 485
727-initial appointment through all availabl e appellate proceedings . 486
728-With the permission of the court, the attorney ad litem for the 487
729-dependent child may arrange for supplemental or separate counsel 488
730-to represent the child in appellate proceedings. A court order 489
731-appointing an attorney under this secti on must be in writing. 490
732- (4)(5) Unless the attorney ad litem has agreed to provide 491
733-pro bono services, an appointed attorney ad litem or 492
734-organization must be adequately compensated. All appointed 493
735-attorneys ad litem and organizations, including pro bono 494
736-attorneys, must be provided with access to funding for expert 495
737-witnesses, depositions, and other due process costs of 496
738-litigation. Payment of attorney fees and case -related due 497
739-process costs are subject to appropriations and review by the 498
740-Justice Administrative Commission for reasonableness. The 499
741-Justice Administrative Commission shall contract with attorneys 500
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750-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
751-
752-
753-
754-ad litem appointed by the court. Attorney fees may not exceed 501
755-$1,000 per child per year. 502
756- (6) The department shall develop procedures to identify a 503
757-dependent child who has a special need specified under 504
758-subsection (3) and to request that a court appoint an attorney 505
759-for the child. 506
760- (7) The department may adopt rules to administer this 507
761-section. 508
762- (8) This section does not limit the authority of the court 509
763-to appoint an attorney for a dependent child in a proceeding 510
764-under this chapter. 511
765- (5)(9) Implementation of this section is subject to 512
766-appropriations expressly made for that purpose. 513
767- Section 8. The amendments made by this act to s. 39.01305, 514
768-Florida Statutes, apply only to attorney ad litem appointments 515
769-made on or after July 1, 2023. 516
770- Section 9. Subsection (3) of section 39.0132, Florida 517
771-Statutes, is amended to read: 518
772- 39.0132 Oaths, records, and confidential information. — 519
773- (3) The clerk shall keep all court records required by 520
774-this chapter separate from other records of the circuit court. 521
775-All court records required by this chapter may shall not be open 522
776-to inspection by the public. All records may shall be inspected 523
777-only upon order of the court by perso ns deemed by the court to 524
778-have a proper interest therein, except that, subject to the 525
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787-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
788-
789-
790-
791-provisions of s. 63.162, a child, and the parents of the child 526
792-and their attorneys, the guardian ad litem, criminal conflict 527
793-and civil regional counsels, law enforcement agencies, and the 528
794-department and its designees , and the attorney ad litem, if one 529
795-is appointed, shall always have the right to inspect and copy 530
796-any official record pertaining to the child. The Justice 531
797-Administrative Commission may inspect court dockets req uired by 532
798-this chapter as necessary to audit compensation of court -533
799-appointed attorneys ad litem. If the docket is insufficient for 534
800-purposes of the audit, the commission may petition the court for 535
801-additional documentation as necessary and appropriate. The co urt 536
802-may permit authorized representatives of recognized 537
803-organizations compiling statistics for proper purposes to 538
804-inspect and make abstracts from official records, under whatever 539
805-conditions upon their use and disposition the court may deem 540
806-proper, and may punish by contempt proceedings any violation of 541
807-those conditions. 542
808- Section 10. Paragraph (a) of subsection (3) of section 543
809-39.0136, Florida Statutes, is amended to read: 544
810- 39.0136 Time limitations; continuances. — 545
811- (3) The time limitations in this chapte r do not include: 546
812- (a) Periods of delay resulting from a continuance granted 547
813-at the request of the child's counsel , or the child's guardian 548
814-ad litem, or attorney ad litem, if one is appointed , if the 549
815-child is of sufficient capacity to express reasonable c onsent, 550
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824-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
825-
826-
827-
828-at the request or with the consent of the child . The court must 551
829-consider the best interests of the child when determining 552
830-periods of delay under this section. 553
831- Section 11. Paragraphs (a) and (b) of subsection (4) of 554
832-section 39.0139, Florida Stat utes, are amended to read: 555
833- 39.0139 Visitation or other contact; restrictions. — 556
834- (4) HEARINGS.—A person who meets any of the criteria set 557
835-forth in paragraph (3)(a) who seeks to begin or resume contact 558
836-with the child victim shall have the right to an evid entiary 559
837-hearing to determine whether contact is appropriate. 560
838- (a) Before Prior to the hearing, the court shall appoint 561
839-an attorney ad litem or a guardian ad litem for the child if one 562
840-has not already been appointed. The guardian ad litem and Any 563
841-attorney ad litem, if one is or guardian ad litem appointed, 564
842-must shall have special training in the dynamics of child sexual 565
843-abuse. 566
844- (b) At the hearing, the court may receive and rely upon 567
845-any relevant and material evidence submitted to the extent of 568
846-its probative value, including written and oral reports or 569
847-recommendations from the Child Protection Team, the child's 570
848-therapist, the child's guardian ad litem, or the child's 571
849-attorney ad litem, if one is appointed, even if these reports, 572
850-recommendations, and evidence may not be admissible under the 573
851-rules of evidence. 574
852- Section 12. Paragraphs (d) and (t) of subsection (2) of 575
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861-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
862-
863-
864-
865-section 39.202, Florida Statutes, are amended to read: 576
866- 39.202 Confidentiality of reports and records in cases of 577
867-child abuse or neglect; excep tion.— 578
868- (2) Except as provided in subsection (4), access to such 579
869-records, excluding the name of, or other identifying information 580
870-with respect to, the reporter which may only shall be released 581
871-only as provided in subsection (5), may only shall be granted 582
872-only to the following persons, officials, and agencies: 583
873- (d) The parent or legal custodian of any child who is 584
874-alleged to have been abused, abandoned, or neglected ; the child; 585
875-the guardian ad litem; the attorney ad litem, if one is 586
876-appointed; or, and the child, and their attorneys, including any 587
877-attorney representing a child in civil or criminal proceedings. 588
878-This access must shall be made available no later than 60 days 589
879-after the department receives the initial report of abuse, 590
880-neglect, or abandonment. How ever, any information otherwise made 591
881-confidential or exempt by law may shall not be released pursuant 592
882-to this paragraph. 593
883- (t) Persons with whom the department is seeking to place 594
884-the child or to whom placement has been granted, including 595
885-foster parents for whom an approved home study has been 596
886-conducted, the designee of a licensed child -caring agency as 597
887-defined in s. 39.01 s. 39.01(41), an approved relative or 598
888-nonrelative with whom a child is placed pursuant to s. 39.402, 599
889-preadoptive parents for whom a favorable preliminary adoptive 600
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898-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
899-
900-
901-
902-home study has been conducted, adoptive parents, or an adoption 601
903-entity acting on behalf of prea doptive or adoptive parents. 602
904- Section 13. Paragraphs (b) and (c) of subsection (11) and 603
905-paragraph (a) of subsection (14) of section 39.402, Florida 604
906-Statutes, are amended to read: 605
907- 39.402 Placement in a shelter. — 606
908- (11) 607
909- (b) The court shall request that the parents consent to 608
910-provide access to the child's medical records and provide 609
911-information to the court, the department or its contract 610
912-agencies, and the any guardian ad litem and or attorney ad 611
913-litem, if one is appointed, for the child. If a parent is 612
914-unavailable or unable to consent or withholds consent and the 613
915-court determines access to the records and information is 614
916-necessary to provide services to the child, the court shall 615
917-issue an order granting access. The court may also order the 616
918-parents to provide all known medical information to the 617
919-department and to any others granted access under this 618
920-subsection. 619
921- (c) The court shall request that the parents consent to 620
922-provide access to the child's child care records, early 621
923-education program records, or other educational records and 622
924-provide information to the court, the department or its contract 623
925-agencies, and the any guardian ad litem and or attorney ad 624
926-litem, if one is appointed, for the child. If a parent is 625
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937-
938-
939-unavailable or unable to consent or withholds consent and the 626
940-court determines access to the records and information is 627
941-necessary to provide services to the child, the court shall 628
942-issue an order granting access. 629
943- (14) The time limitations in this section do not include: 630
944- (a) Periods of delay resulting from a continuance granted 631
945-at the request or with the consent of the child's counsel or the 632
946-child's guardian ad litem or attorney ad litem , if one is has 633
947-been appointed by the court , or, if the child is of sufficient 634
948-capacity to express reasonable consent, at the request or with 635
949-the consent of the child's attorney or the child's guardian ad 636
950-litem, if one has bee n appointed by the court, and the child . 637
951- Section 14. Paragraphs (a) and (b) of subsection (4) of 638
952-section 39.4022, Florida Statutes, are amended to read: 639
953- 39.4022 Multidisciplinary teams; staffings; assessments; 640
954-report.— 641
955- (4) PARTICIPANTS.— 642
956- (a) Collaboration among diverse individuals who are part 643
957-of the child's network is necessary to make the most informed 644
958-decisions possible for the child. A diverse team is preferable 645
959-to ensure that the necessary combination of technical skills, 646
960-cultural knowledge, community resources, and personal 647
961-relationships is developed and maintained for the child and 648
962-family. The participants necessary to achieve an appropriately 649
963-diverse team for a child may vary by child and may include 650
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974-
975-
976-extended family, friends, neighbors, coa ches, clergy, coworkers, 651
977-or others the family identifies as potential sources of support. 652
978- 1. Each multidisciplinary team staffing must invite the 653
979-following members: 654
980- a. The child, unless he or she is not of an age or 655
981-capacity to participate in the team , and the child's guardian ad 656
982-litem; 657
983- b. The child's family members and other individuals 658
984-identified by the family as being important to the child, 659
985-provided that a parent who has a no contact order or injunction, 660
986-is alleged to have sexually abused the chil d, or is subject to a 661
987-termination of parental rights may not participate; 662
988- c. The current caregiver, provided the caregiver is not a 663
989-parent who meets the criteria of one of the exceptions under 664
990-sub-subparagraph b.; 665
991- d. A representative from the departmen t other than the 666
992-Children's Legal Services attorney, when the department is 667
993-directly involved in the goal identified by the staffing; 668
994- e. A representative from the community -based care lead 669
995-agency, when the lead agency is directly involved in the goal 670
996-identified by the staffing; 671
997- f. The case manager for the child, or his or her case 672
998-manager supervisor; and 673
999- g. A representative from the Department of Juvenile 674
1000-Justice, if the child is dually involved with both the 675
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1010-
1011-
1012-
1013-department and the Department of Juvenile Justice. 676
1014- 2. The multidisciplinary team must make reasonable efforts 677
1015-to have all mandatory invitees attend. However, the 678
1016-multidisciplinary team staffing may not be delayed if the 679
1017-invitees in subparagraph 1. fail to attend after being provided 680
1018-reasonable opportunities. 681
1019- (b) Based on the particular goal the multidisciplinary 682
1020-team staffing identifies as the purpose of convening the 683
1021-staffing as provided under subsection (5), the department or 684
1022-lead agency may also invite to the meeting other professionals, 685
1023-including, but not limited to: 686
1024- 1. A representative from Children's Medical Services; 687
1025- 2. A guardian ad litem, if one is appointed; 688
1026- 2.3. A school personnel representative who has direct 689
1027-contact with the child; 690
1028- 3.4. A therapist or other behavioral health professional, 691
1029-if applicable; 692
1030- 4.5. A mental health professional with expertise in 693
1031-sibling bonding, if the department or lead agency deems such 694
1032-expert is necessary; or 695
1033- 5.6. Other community providers of services to the child or 696
1034-stakeholders, when applica ble. 697
1035- Section 15. Paragraph (d) of subsection (3) and paragraph 698
1036-(c) of subsection (4) of section 39.4023, Florida Statutes, are 699
1037-amended to read: 700
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1048-
1049-
1050- 39.4023 Placement and education transitions; transition 701
1051-plans.— 702
1052- (3) PLACEMENT TRANSITIONS. — 703
1053- (d) Transition planning.— 704
1054- 1. If the supportive services provided pursuant to 705
1055-paragraph (c) have not been successful to make the maintenance 706
1056-of the placement suitable or if there are other circumstances 707
1057-that require the child to be moved, the department or the 708
1058-community-based care lead agency must convene a 709
1059-multidisciplinary team staffing as required under s. 39.4022 710
1060-before the child's placement is changed, or within 72 hours of 711
1061-moving the child in an emergency situation, for the purpose of 712
1062-developing an appropriate transition plan. 713
1063- 2. A placement change may occur immediately in an 714
1064-emergency situation without convening a multidisciplinary team 715
1065-staffing. However, a multidisciplinary team staffing must be 716
1066-held within 72 hours after the emergency situation arises. 717
1067- 3. The department or the community -based care lead agency 718
1068-must provide written notice of the planned move at least 14 days 719
1069-before the move or within 72 hours after an emergency situation, 720
1070-to the greatest extent possible and consistent with the child's 721
1071-needs and preferences. The notice must include the reason a 722
1072-placement change is necessary. A copy of the notice must be 723
1073-filed with the court and be provided to all of the following : 724
1074- a. The child, unless he or she, due to age or capacity, is 725
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1085-
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1087-unable to comprehend the written notice, which will necessitate 726
1088-the department or lead agency to provide notice in an age -727
1089-appropriate and capacity -appropriate alternative manner .; 728
1090- b. The child's parents, unless prohibited by court order .; 729
1091- c. The child's out-of-home caregiver.; 730
1092- d. The guardian ad litem ., if one is appointed; 731
1093- e. The attorney ad litem for the child, if one is 732
1094-appointed.; and 733
1095- f. The attorney for the department. 734
1096- 4. The transition plan must be developed through 735
1097-cooperation among the persons included in subparagraph 3., and 736
1098-such persons must share any relevant information necessary for 737
1099-its development. Subject to the child's needs and preferences, 738
1100-the transition plan must meet the requirements of s. 739
1101-409.1415(2)(b)8. and exclude any placement changes th at occur 740
1102-between 7 p.m. and 8 a.m. 741
1103- 5. The department or the community -based care lead agency 742
1104-shall file the transition plan with the court within 48 hours 743
1105-after the creation of such plan and provide a copy of the plan 744
1106-to the persons included in subparagr aph 3. 745
1107- (4) EDUCATION TRANSITIONS. — 746
1108- (c) Minimizing school changes. — 747
1109- 1. Every effort must be made to keep a child in the school 748
1110-of origin if it is in the child's best interest. Any placement 749
1111-decision must include thoughtful consideration of which schoo l a 750
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1122-
1123-
1124-child will attend if a school change is necessary. 751
1125- 2. Members of a multidisciplinary team staffing convened 752
1126-for a purpose other than a school change must determine the 753
1127-child's best interest regarding remaining in the school or 754
1128-program of origin if th e child's educational options are 755
1129-affected by any other decision being made by the 756
1130-multidisciplinary team. 757
1131- 3. The determination of whether it is in the child's best 758
1132-interest to remain in the school of origin, and if not, of which 759
1133-school the child will at tend in the future, must be made in 760
1134-consultation with the following individuals, including, but not 761
1135-limited to, the child; the parents; the caregiver; the child 762
1136-welfare professional; the guardian ad litem , if appointed; the 763
1137-educational surrogate, if appoin ted; child care and educational 764
1138-staff, including teachers and guidance counselors; and the 765
1139-school district representative or foster care liaison. A 766
1140-multidisciplinary team member may contact any of these 767
1141-individuals in advance of a multidisciplinary team st affing to 768
1142-obtain his or her recommendation. An individual may remotely 769
1143-attend the multidisciplinary team staffing if one of the 770
1144-identified goals is related to determining an educational 771
1145-placement. The multidisciplinary team may rely on a report from 772
1146-the child's current school or program district and, if 773
1147-applicable, any other school district being considered for the 774
1148-educational placement if the required school personnel are not 775
1149-
1150-CS/CS/CS/HB 875 2023
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1157-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
1158-
1159-
1160-
1161-available to attend the multidisciplinary team staffing in 776
1162-person or remotely. 777
1163- 4. The multidisciplinary team and the individuals listed 778
1164-in subparagraph 3. must consider, at a minimum, all of the 779
1165-following factors when determining whether remaining in the 780
1166-school or program of origin is in the child's best interest or, 781
1167-if not, when selecting a new school or program: 782
1168- a. The child's desire to remain in the school or program 783
1169-of origin. 784
1170- b. The preference of the child's parents or legal 785
1171-guardians. 786
1172- c. Whether the child has siblings, close friends, or 787
1173-mentors at the school or program of origin. 788
1174- d. The child's cultural and community connections in the 789
1175-school or program of origin. 790
1176- e. Whether the child is suspected of having a disability 791
1177-under the Individuals with Disabilities Education Act (IDEA) or 792
1178-s. 504 of the Rehabilitation Act of 1 973, or has begun receiving 793
1179-interventions under this state's multitiered system of supports. 794
1180- f. Whether the child has an evaluation pending for special 795
1181-education and related services under IDEA or s. 504 of the 796
1182-Rehabilitation Act of 1973. 797
1183- g. Whether the child is a student with a disability under 798
1184-IDEA who is receiving special education and related services or 799
1185-a student with a disability under s. 504 of the Rehabilitation 800
1186-
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1194-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
1195-
1196-
1197-
1198-Act of 1973 who is receiving accommodations and services and, if 801
1199-so, whether those required services are available in a school or 802
1200-program other than the school or program of origin. 803
1201- h. Whether the child is an English Language Learner 804
1202-student and is receiving language services and, if so, whether 805
1203-those required services are available in a school or program 806
1204-other than the school or program of origin. 807
1205- i. The impact a change to the school or program of origin 808
1206-would have on academic credits and progress toward promotion. 809
1207- j. The availability of extracurricular activities 810
1208-important to the child. 811
1209- k. The child's known individualized educational plan or 812
1210-other medical and behavioral health needs and whether such plan 813
1211-or needs are able to be met at a school or program other than 814
1212-the school or program of origin. 815
1213- l. The child's permanency goal and timeframe for achieving 816
1214-permanency. 817
1215- m. The child's history of school transfers and how such 818
1216-transfers have impacted the child academically, emotionally, and 819
1217-behaviorally. 820
1218- n. The length of the commute to the school or program from 821
1219-the child's home or placement and how such commute would impact 822
1220-the child. 823
1221- o. The length of time the child has attended the school or 824
1222-program of origin. 825
1223-
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1231-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
1232-
1233-
1234-
1235- 5. The cost of transportation cannot be a factor in making 826
1236-a best interest determination. 827
1237- Section 16. Paragraph (f) of subsection (3) of section 828
1238-39.407, Florida Statutes, is amended to read: 829
1239- 39.407 Medical, psychiatric, and psychological examination 830
1240-and treatment of child; physical, mental, or substance abuse 831
1241-examination of person with or requesting child custody. — 832
1242- (3) 833
1243- (f)1. The department shall fully inform the court of the 834
1244-child's medical and behavioral status as part of the social 835
1245-services report prepared for each judicial review hearing held 836
1246-for a child for whom psychotropic medication has been prescribed 837
1247-or provided under this subsection. As a part of the information 838
1248-provided to the court, the department shall furnish copies of 839
1249-all pertinent medical records concerning the child which have 840
1250-been generated since the previous hearing. On its own motion or 841
1251-on good cause shown by any party, including the any guardian ad 842
1252-litem, attorney, or attorney ad litem , if one is who has been 843
1253-appointed to represent the child or the child's interests , the 844
1254-court may review the status more frequently than required in 845
1255-this subsection. 846
1256- 2. The court may, in the best interests of the child, 847
1257-order the department to obtain a medical opinion addressing 848
1258-whether the continued use of the medication under the 849
1259-circumstances is safe and medically appropriate. 850
1260-
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1268-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
1269-
1270-
1271-
1272- Section 17. Paragraph s (m), (t), and (u) of subsection (1) 851
1273-of section 39.4085, Florida Statutes, are amended to read: 852
1274- 39.4085 Goals for dependent children; responsibilities; 853
1275-education.— 854
1276- (1) The Legislature finds that the design and delivery of 855
1277-child welfare services should be directed by the principle that 856
1278-the health and safety of children, including the freedom from 857
1279-abuse, abandonment, or neglect, is of paramount concern and, 858
1280-therefore, establishes the following goals for children in 859
1281-shelter or foster care: 860
1282- (m) To receive meaningful case management and planning 861
1283-that will quickly return the child to his or her family or move 862
1284-the child on to other forms of permanency. For a child who is 863
1285-transitioning from foster care to independent living, permanency 864
1286-includes establishing n aturally occurring, lifelong, kin -like 865
1287-connections between the child and a supportive adult. 866
1288- (t) To have a guardian ad litem appointed to represent, 867
1289-within reason, their best interests and, if appropriate, an 868
1290-attorney ad litem appointed to represent thei r legal interests; 869
1291-the guardian ad litem and attorney ad litem , if one is 870
1292-appointed, shall have immediate and unlimited access to the 871
1293-children they represent. 872
1294- (u) To have all their records available for review by 873
1295-their guardian ad litem and attorney ad l item, if one is 874
1296-appointed, if they deem such review necessary. 875
1297-
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1305-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
1306-
1307-
1308-
1309- 876
1310-This subsection establishes goals and not rights. This 877
1311-subsection does not require the delivery of any particular 878
1312-service or level of service in excess of existing 879
1313-appropriations. A person doe s not have a cause of action against 880
1314-the state or any of its subdivisions, agencies, contractors, 881
1315-subcontractors, or agents, based upon the adoption of or failure 882
1316-to provide adequate funding for the achievement of these goals 883
1317-by the Legislature. This subse ction does not require the 884
1318-expenditure of funds to meet the goals established in this 885
1319-subsection except those funds specifically appropriated for such 886
1320-purpose. 887
1321- Section 18. Paragraph (c) of subsection (3) of section 888
1322-39.522, Florida Statutes, is amended to read: 889
1323- 39.522 Postdisposition change of custody. — 890
1324- (3) 891
1325- (c)1. The department or community -based care lead agency 892
1326-must notify a current caregiver who has been in the physical 893
1327-custody placement for at least 9 consecutive months and who 894
1328-meets all the established criteria in paragraph (b) of an intent 895
1329-to change the physical custody of the child, and a 896
1330-multidisciplinary team staffing must be held in accordance with 897
1331-ss. 39.4022 and 39.4023 at least 21 days before the intended 898
1332-date for the child's change in p hysical custody, unless there is 899
1333-an emergency situation as defined in s. 39.4022(2)(b). If there 900
1334-
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1342-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
1343-
1344-
1345-
1346-is not a unanimous consensus decision reached by the 901
1347-multidisciplinary team, the department's official position must 902
1348-be provided to the parties within the desi gnated time period as 903
1349-provided for in s. 39.4022. 904
1350- 2. A caregiver who objects to the department's official 905
1351-position on the change in physical custody must notify the court 906
1352-and the department or community -based care lead agency of his or 907
1353-her objection and the intent to request an evidentiary hearing 908
1354-in writing in accordance with this section within 5 days after 909
1355-receiving notice of the department's official position provided 910
1356-under subparagraph 1. The transition of the child to the new 911
1357-caregiver may not begin before the expiration of the 5 -day 912
1358-period within which the current caregiver may object. 913
1359- 3. Upon the department or community -based care lead agency 914
1360-receiving written notice of the caregiver's objection, the 915
1361-change to the child's physical custody must be placed in 916
1362-abeyance and the child may not be transitioned to a new physical 917
1363-placement without a court order, unless there is an emergency 918
1364-situation as defined in s. 39.4022(2)(b). 919
1365- 4. Within 7 days after receiving written notice from the 920
1366-caregiver, the court must conduct an initial case status 921
1367-hearing, at which time the court must do all of the following : 922
1368- a. Grant party status to the current caregiver who is 923
1369-seeking permanent custody and has maintained physical custody of 924
1370-that child for at least 9 contin uous months for the limited 925
1371-
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1379-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
1380-
1381-
1382-
1383-purpose of filing a motion for a hearing on the objection and 926
1384-presenting evidence pursuant to this subsection .; 927
1385- b. Appoint an attorney for the child who is the subject of 928
1386-the permanent custody proceeding, in addition to the gu ardian ad 929
1387-litem, if one is appointed; 930
1388- b.c. Advise the caregiver of his or her right to retain 931
1389-counsel for purposes of the evidentiary hearing .; and 932
1390- c.d. Appoint a court-selected neutral and independent 933
1391-licensed professional with expertise in the scienc e and research 934
1392-of child-parent bonding. 935
1393- Section 19. Paragraph (c) of subsection (1) and paragraph 936
1394-(c) of subsection (3) of section 39.6012, Florida Statutes, are 937
1395-amended to read: 938
1396- 39.6012 Case plan tasks; services. — 939
1397- (1) The services to be provided t o the parent and the 940
1398-tasks that must be completed are subject to the following: 941
1399- (c) If there is evidence of harm as defined in s. 942
1400-39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 943
1401-required task for the parent whose actions caused the harm that 944
1402-the parent submit to a substance abuse disorder assessment or 945
1403-evaluation and participate and comply with treatment and 946
1404-services identified in the assessment or evaluation as being 947
1405-necessary. 948
1406- (3) In addition to any other requirement, if the child is 949
1407-in an out-of-home placement, the case plan must include: 950
1408-
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1416-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
1417-
1418-
1419-
1420- (c) When appropriate, for a child who is 13 years of age 951
1421-or older, a written description of the programs and services 952
1422-that will help the child prepare for the transition from foster 953
1423-care to independent living. The written description must include 954
1424-age-appropriate activities for the child's development of 955
1425-relationships, coping skills, and emotional well -being. 956
1426- Section 20. Section 39.6036, Florida Statutes, is created 957
1427-to read: 958
1428- 39.6036 Supportive adults for children transitioning out 959
1429-of foster care.— 960
1430- (1) The Legislature finds that a committed, caring adult 961
1431-provides a lifeline for a child transitioning out of foster care 962
1432-to live independently. Accordingly, it is the intent of the 963
1433-Legislature that the Statewide Guardian ad Litem Office help 964
1434-children connect with supportive adults with the hope of 965
1435-creating an ongoing relationship that lasts into adulthood. 966
1436- (2) The Statewide Guardian ad Litem Office shall work with 967
1437-a child who is transitioning out o f foster care to identify at 968
1438-least one supportive adult with whom the child can enter into a 969
1439-formal agreement for an ongoing relationship and document such 970
1440-agreement in the child's court file. If the child cannot 971
1441-identify a supportive adult, the Statewide Guardian ad Litem 972
1442-Office shall work in coordination with the Office of Continuing 973
1443-Care to identify at least one supportive adult with whom the 974
1444-child can enter into a formal agreement for an ongoing 975
1445-
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1453-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
1454-
1455-
1456-
1457-relationship and document such agreement in the child's co urt 976
1458-file. 977
1459- Section 21. Paragraph (c) of subsection (10) of section 978
1460-39.621, Florida Statutes, is amended to read: 979
1461- 39.621 Permanency determination by the court. — 980
1462- (10) The permanency placement is intended to continue 981
1463-until the child reaches the age of majority and may not be 982
1464-disturbed absent a finding by the court that the circumstances 983
1465-of the permanency placement are no longer in the best interest 984
1466-of the child. 985
1467- (c) The court shall base its decision concerning any 986
1468-motion by a parent for reunification or increased contact with a 987
1469-child on the effect of the decision on the safety, well -being, 988
1470-and physical and emotional health of the child. Factors that 989
1471-must be considered and addressed in the findings of fact of the 990
1472-order on the motion must include: 991
1473- 1. The compliance or noncompliance of the parent with the 992
1474-case plan; 993
1475- 2. The circumstances which caused the child's dependency 994
1476-and whether those circumstances have been resolved; 995
1477- 3. The stability and longevity of the child's placement; 996
1478- 4. The preferences of the child, if the child is of 997
1479-sufficient age and understanding to express a preference; 998
1480- 5. The recommendation of the current custodian; and 999
1481- 6. Any The recommendation of the guardian ad litem , if one 1000
1482-
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1490-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
1491-
1492-
1493-
1494-has been appointed. 1001
1495- Section 22. Subsection (2) of section 39.6241, Florida 1002
1496-Statutes, is amended to read: 1003
1497- 39.6241 Another planned permanent living arrangement. — 1004
1498- (2) The department and the guardian ad litem must provide 1005
1499-the court with a recommended list and description of services 1006
1500-needed by the child, such as independent living services and 1007
1501-medical, dental, educational, or psychological referrals, and a 1008
1502-recommended list and description of services needed by his or 1009
1503-her caregiver. The guardian ad litem must also advise the court 1010
1504-whether the child has b een connected with a supportive adult 1011
1505-and, if the child has been connected with a supportive adult, 1012
1506-whether the child has entered into a formal agreement with the 1013
1507-adult. If the child has entered into a formal agreement pursuant 1014
1508-to s. 39.6036, the guardian ad litem must ensure that the 1015
1509-agreement is documented in the child's court file. 1016
1510- Section 23. Paragraphs (b) and (f) of subsection (1), 1017
1511-paragraph (c) of subsection (2), subsection (3), and paragraph 1018
1512-(e) of subsection (4) of section 39.701, Florida Statu tes, are 1019
1513-amended to read: 1020
1514- 39.701 Judicial review. — 1021
1515- (1) GENERAL PROVISIONS. — 1022
1516- (b)1. The court shall retain jurisdiction over a child 1023
1517-returned to his or her parents for a minimum period of 6 months 1024
1518-after following the reunification, but, at that time, b ased on a 1025
1519-
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1527-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
1528-
1529-
1530-
1531-report of the social service agency and the guardian ad litem , 1026
1532-if one has been appointed, and any other relevant factors, the 1027
1533-court shall make a determination as to whether supervision by 1028
1534-the department and the court's jurisdiction shall continue or be 1029
1535-terminated. 1030
1536- 2. Notwithstanding subparagraph 1., the court must retain 1031
1537-jurisdiction over a child if the child is placed in the home 1032
1538-with a parent or caregiver with an in -home safety plan and such 1033
1539-safety plan remains necessary for the child to resid e safely in 1034
1540-the home. 1035
1541- (f) Notice of a judicial review hearing or a citizen 1036
1542-review panel hearing, and a copy of the motion for judicial 1037
1543-review, if any, must be served by the clerk of the court upon 1038
1544-all of the following persons, if available to be served, 1039
1545-regardless of whether the person was present at the previous 1040
1546-hearing at which the date, time, and location of the hearing was 1041
1547-announced: 1042
1548- 1. The social service agency charged with the supervision 1043
1549-of care, custody, or guardianship of the child, if that age ncy 1044
1550-is not the movant. 1045
1551- 2. The foster parent or legal custodian in whose home the 1046
1552-child resides. 1047
1553- 3. The parents. 1048
1554- 4. The guardian ad litem for the child , or the 1049
1555-representative of the guardian ad litem program if the program 1050
1556-
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1564-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
1565-
1566-
1567-
1568-has been appointed. 1051
1569- 5. The attorney ad litem for the child, if one is 1052
1570-appointed. 1053
1571- 6. The child, if the child is 13 years of age or older. 1054
1572- 7. Any preadoptive parent. 1055
1573- 8. Such other persons as the court may direct. 1056
1574- (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS O F 1057
1575-AGE.— 1058
1576- (c) Review determinations. —The court and any citizen 1059
1577-review panel shall take into consideration the information 1060
1578-contained in the social services study and investigation and all 1061
1579-medical, psychological, and educational records that support the 1062
1580-terms of the case plan; testimony by the social services agency, 1063
1581-the parent, the foster parent or caregiver, the guardian ad 1064
1582-litem, the or surrogate parent for educational decisionmaking if 1065
1583-one has been appointed for the child, and any other person 1066
1584-deemed appropriate; and any relevant and material evidence 1067
1585-submitted to the court, including written and oral reports to 1068
1586-the extent of their probative value. These reports and evidence 1069
1587-may be received by the court in its effort to determine the 1070
1588-action to be taken wit h regard to the child and may be relied 1071
1589-upon to the extent of their probative value, even though not 1072
1590-competent in an adjudicatory hearing. In its deliberations, the 1073
1591-court and any citizen review panel shall seek to determine: 1074
1592- 1. If the parent was advised of the right to receive 1075
1593-
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1601-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
1602-
1603-
1604-
1605-assistance from any person or social service agency in the 1076
1606-preparation of the case plan. 1077
1607- 2. If the parent has been advised of the right to have 1078
1608-counsel present at the judicial review or citizen review 1079
1609-hearings. If not so advised, the court or citizen review panel 1080
1610-shall advise the parent of such right. 1081
1611- 3. If a guardian ad litem needs to be appointed for the 1082
1612-child in a case in which a guardian ad litem has not previously 1083
1613-been appointed or if there is a need to continue a guardian a d 1084
1614-litem in a case in which a guardian ad litem has been appointed . 1085
1615- 4. Who holds the rights to make educational decisions for 1086
1616-the child. If appropriate, the court may refer the child to the 1087
1617-district school superintendent for appointment of a surrogate 1088
1618-parent or may itself appoint a surrogate parent under the 1089
1619-Individuals with Disabilities Education Act and s. 39.0016. 1090
1620- 5. The compliance or lack of compliance of all parties 1091
1621-with applicable items of the case plan, including the parents' 1092
1622-compliance with child support orders. 1093
1623- 6. The compliance or lack of compliance with a visitation 1094
1624-contract between the parent and the social service agency for 1095
1625-contact with the child, including the frequency, duration, and 1096
1626-results of the parent -child visitation and the reason for any 1097
1627-noncompliance. 1098
1628- 7. The frequency, kind, and duration of contacts among 1099
1629-siblings who have been separated during placement, as well as 1100
1630-
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1638-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
1639-
1640-
1641-
1642-any efforts undertaken to reunite separated siblings if doing so 1101
1643-is in the best interests of the child. 1102
1644- 8. The compliance or lack of compliance of the parent in 1103
1645-meeting specified financial obligations pertaining to the care 1104
1646-of the child, including the reason for failure to comply, if 1105
1647-applicable. 1106
1648- 9. Whether the child is receiving safe and proper care 1107
1649-according to s. 39.6012, including, but not limited to, the 1108
1650-appropriateness of the child's current placement, including 1109
1651-whether the child is in a setting that is as family -like and as 1110
1652-close to the parent's home as possible, consistent with the 1111
1653-child's best interests and special needs, and including 1112
1654-maintaining stability in the child's educational placement, as 1113
1655-documented by assurances from the community -based care lead 1114
1656-agency that: 1115
1657- a. The placement of the child takes into account the 1116
1658-appropriateness of the current educ ational setting and the 1117
1659-proximity to the school in which the child is enrolled at the 1118
1660-time of placement. 1119
1661- b. The community-based care lead agency has coordinated 1120
1662-with appropriate local educational agencies to ensure that the 1121
1663-child remains in the school in which the child is enrolled at 1122
1664-the time of placement. 1123
1665- 10. A projected date likely for the child's return home or 1124
1666-other permanent placement. 1125
1667-
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1675-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
1676-
1677-
1678-
1679- 11. When appropriate, the basis for the unwillingness or 1126
1680-inability of the parent to become a party to a case pl an. The 1127
1681-court and the citizen review panel shall determine if the 1128
1682-efforts of the social service agency to secure party 1129
1683-participation in a case plan were sufficient. 1130
1684- 12. For a child who has reached 13 years of age but is not 1131
1685-yet 18 years of age, the adequ acy of the child's preparation for 1132
1686-adulthood and independent living. For a child who is 15 years of 1133
1687-age or older, the court shall determine if appropriate steps are 1134
1688-being taken for the child to obtain a driver license or 1135
1689-learner's driver license. 1136
1690- 13. If amendments to the case plan are required. 1137
1691-Amendments to the case plan must be made under s. 39.6013. 1138
1692- 14. If the parents and caregivers have developed a 1139
1693-productive relationship that includes meaningful communication 1140
1694-and mutual support. 1141
1695- (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1142
1696-At each review hearing held under this subsection, the court 1143
1697-shall give the child and the guardian ad litem the opportunity 1144
1698-to address the court and provide any information relevant to the 1145
1699-child's best interest, part icularly in relation to independent 1146
1700-living transition services. The foster parent or, legal 1147
1701-custodian, or guardian ad litem may also provide any information 1148
1702-relevant to the child's best interest to the court. In addition 1149
1703-to the review and report required under paragraphs (1)(a) and 1150
1704-
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1712-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
1713-
1714-
1715-
1716-(2)(a), respectively, and the review and report required under 1151
1717-s. 39.822(2)(a)2., the court shall: 1152
1718- (a) Inquire about the life skills the child has acquired 1153
1719-and whether those services are age appropriate, at the first 1154
1720-judicial review hearing held subsequent to the child's 16th 1155
1721-birthday. At the judicial review hearing, the department shall 1156
1722-provide the court with a report that includes specific 1157
1723-information related to the life skills that the child has 1158
1724-acquired since the child's 13th birthday or since the date the 1159
1725-child came into foster care, whichever came later. For any child 1160
1726-who may meet the requirem ents for appointment of a guardian 1161
1727-advocate under s. 393.12 or a guardian under chapter 744, the 1162
1728-updated case plan must be developed in a face -to-face conference 1163
1729-with the child, if appropriate; the child's attorney ad litem, 1164
1730-if one is appointed; the child's any court-appointed guardian ad 1165
1731-litem; the temporary custodian of the child; and the parent of 1166
1732-the child, if the parent's rights have not been terminated. 1167
1733- (b) The court shall hold a judicial review hearing within 1168
1734-90 days after a child's 17th birthday. The court shall issue an 1169
1735-order, separate from the order on judicial review, that the 1170
1736-disability of nonage of the child has been removed under ss. 1171
1737-743.044-743.047 for any disability that the court finds is in 1172
1738-the child's best interest to remove. The departm ent shall 1173
1739-include in the social study report for the first judicial review 1174
1740-that occurs after the child's 17th birthday written verification 1175
1741-
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1749-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
1750-
1751-
1752-
1753-that the child has: 1176
1754- 1. A current Medicaid card and all necessary information 1177
1755-concerning the Medicaid program suffi cient to prepare the child 1178
1756-to apply for coverage upon reaching the age of 18, if such 1179
1757-application is appropriate. 1180
1758- 2. A certified copy of the child's birth certificate and, 1181
1759-if the child does not have a valid driver license, a Florida 1182
1760-identification card i ssued under s. 322.051. 1183
1761- 3. A social security card and information relating to 1184
1762-social security insurance benefits if the child is eligible for 1185
1763-those benefits. If the child has received such benefits and they 1186
1764-are being held in trust for the child, a full a ccounting of 1187
1765-these funds must be provided and the child must be informed as 1188
1766-to how to access those funds. 1189
1767- 4. All relevant information related to the Road -to-1190
1768-Independence Program under s. 409.1451, including, but not 1191
1769-limited to, eligibility requirements, information on 1192
1770-participation, and assistance in gaining admission to the 1193
1771-program. If the child is eligible for the Road -to-Independence 1194
1772-Program, he or she must be advised that he or she may continue 1195
1773-to reside with the licensed family home or group care pro vider 1196
1774-with whom the child was residing at the time the child attained 1197
1775-his or her 18th birthday, in another licensed family home, or 1198
1776-with a group care provider arranged by the department. 1199
1777- 5. An open bank account or the identification necessary to 1200
1778-
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1786-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
1787-
1788-
1789-
1790-open a bank account and to acquire essential banking and 1201
1791-budgeting skills. 1202
1792- 6. Information on public assistance and how to apply for 1203
1793-public assistance. 1204
1794- 7. A clear understanding of where he or she will be living 1205
1795-on his or her 18th birthday, how living expenses w ill be paid, 1206
1796-and the educational program or school in which he or she will be 1207
1797-enrolled. 1208
1798- 8. Information related to the ability of the child to 1209
1799-remain in care until he or she reaches 21 years of age under s. 1210
1800-39.013. 1211
1801- 9. A letter providing the dates that t he child is under 1212
1802-the jurisdiction of the court. 1213
1803- 10. A letter stating that the child is in compliance with 1214
1804-financial aid documentation requirements. 1215
1805- 11. The child's educational records. 1216
1806- 12. The child's entire health and mental health records. 1217
1807- 13. The process for accessing the child's case file. 1218
1808- 14. A statement encouraging the child to attend all 1219
1809-judicial review hearings. 1220
1810- 15. Information on how to obtain a driver license or 1221
1811-learner's driver license. 1222
1812- (c) At the first judicial review hearing held subsequent 1223
1813-to the child's 17th birthday, if the court determines pursuant 1224
1814-to chapter 744 that there is a good faith basis to believe that 1225
1815-
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1823-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
1824-
1825-
1826-
1827-the child qualifies for appointment of a guardian advocate, 1226
1828-limited guardian, or plenary guardian for the child and t hat no 1227
1829-less restrictive decisionmaking assistance will meet the child's 1228
1830-needs: 1229
1831- 1. The department shall complete a multidisciplinary 1230
1832-report which must include, but is not limited to, a psychosocial 1231
1833-evaluation and educational report if such a report has no t been 1232
1834-completed within the previous 2 years. 1233
1835- 2. The department shall identify one or more individuals 1234
1836-who are willing to serve as the guardian advocate under s. 1235
1837-393.12 or as the plenary or limited guardian under chapter 744. 1236
1838-Any other interested parties or participants may make efforts to 1237
1839-identify such a guardian advocate, limited guardian, or plenary 1238
1840-guardian. The child's biological or adoptive family members, 1239
1841-including the child's parents if the parents' rights have not 1240
1842-been terminated, may not be cons idered for service as the 1241
1843-plenary or limited guardian unless the court enters a written 1242
1844-order finding that such an appointment is in the child's best 1243
1845-interests. 1244
1846- 3. Proceedings may be initiated within 180 days after the 1245
1847-child's 17th birthday for the appoi ntment of a guardian 1246
1848-advocate, plenary guardian, or limited guardian for the child in 1247
1849-a separate proceeding in the court division with jurisdiction 1248
1850-over guardianship matters and pursuant to chapter 744. The 1249
1851-Legislature encourages the use of pro bono repres entation to 1250
1852-
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1860-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
1861-
1862-
1863-
1864-initiate proceedings under this section. 1251
1865- 4. In the event another interested party or participant 1252
1866-initiates proceedings for the appointment of a guardian 1253
1867-advocate, plenary guardian, or limited guardian for the child, 1254
1868-the department shall provi de all necessary documentation and 1255
1869-information to the petitioner to complete a petition under s. 1256
1870-393.12 or chapter 744 within 45 days after the first judicial 1257
1871-review hearing after the child's 17th birthday. 1258
1872- 5. Any proceedings seeking appointment of a gua rdian 1259
1873-advocate or a determination of incapacity and the appointment of 1260
1874-a guardian must be conducted in a separate proceeding in the 1261
1875-court division with jurisdiction over guardianship matters and 1262
1876-pursuant to chapter 744. 1263
1877- (d) If the court finds at the judi cial review hearing 1264
1878-after the child's 17th birthday that the department has not met 1265
1879-its obligations to the child as stated in this part, in the 1266
1880-written case plan, or in the provision of independent living 1267
1881-services, the court may issue an order directing th e department 1268
1882-to show cause as to why it has not done so. If the department 1269
1883-cannot justify its noncompliance, the court may give the 1270
1884-department 30 days within which to comply. If the department 1271
1885-fails to comply within 30 days, the court may hold the 1272
1886-department in contempt. 1273
1887- (e) If necessary, the court may review the status of the 1274
1888-child more frequently during the year before the child's 18th 1275
1889-
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1897-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
1898-
1899-
1900-
1901-birthday. At the last review hearing before the child reaches 18 1276
1902-years of age, and in addition to the requirements of s ubsection 1277
1903-(2), the court shall: 1278
1904- 1. Address whether the child plans to remain in foster 1279
1905-care, and, if so, ensure that the child's transition plan 1280
1906-includes a plan for meeting one or more of the criteria 1281
1907-specified in s. 39.6251 and determine if the child ha s entered 1282
1908-into a formal agreement for an ongoing relationship with a 1283
1909-supportive adult. 1284
1910- 2. Ensure that the transition plan includes a supervised 1285
1911-living arrangement under s. 39.6251. 1286
1912- 3. Ensure the child has been informed of: 1287
1913- a. The right to continued s upport and services from the 1288
1914-department and the community -based care lead agency. 1289
1915- b. The right to request termination of dependency 1290
1916-jurisdiction and be discharged from foster care. 1291
1917- c. The opportunity to reenter foster care under s. 1292
1918-39.6251. 1293
1919- 4. Ensure that the child, if he or she requests 1294
1920-termination of dependency jurisdiction and discharge from foster 1295
1921-care, has been informed of: 1296
1922- a. Services or benefits for which the child may be 1297
1923-eligible based on his or her former placement in foster care, 1298
1924-including, but not limited to, the assistance of the Office of 1299
1925-Continuing Care under s. 414.56. 1300
1926-
1927-CS/CS/CS/HB 875 2023
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1934-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
1935-
1936-
1937-
1938- b. Services or benefits that may be lost through 1301
1939-termination of dependency jurisdiction. 1302
1940- c. Other federal, state, local, or community -based 1303
1941-services or supports available to him or her. 1304
1942- (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1305
1943-During each period of time that a young adult remains in foster 1306
1944-care, the court shall review the status of the young adult at 1307
1945-least every 6 months and must hold a permanency re view hearing 1308
1946-at least annually. 1309
1947- (e)1. Notwithstanding the provisions of this subsection, 1310
1948-if a young adult has chosen to remain in extended foster care 1311
1949-after he or she has reached 18 years of age, the department may 1312
1950-not close a case and the court may not terminate jurisdiction 1313
1951-until the court finds, following a hearing, that the following 1314
1952-criteria have been met: 1315
1953- a.1. Attendance of the young adult at the hearing; or 1316
1954- b.2. Findings by the court that: 1317
1955- (I)a. The young adult has been informed by the depart ment 1318
1956-of his or her right to attend the hearing and has provided 1319
1957-written consent to waive this right; and 1320
1958- (II)b. The young adult has been informed of the potential 1321
1959-negative effects of early termination of care, the option to 1322
1960-reenter care before reaching 2 1 years of age, the procedure for, 1323
1961-and limitations on, reentering care, and the availability of 1324
1962-alternative services, and has signed a document attesting that 1325
1963-
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1971-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
1972-
1973-
1974-
1975-he or she has been so informed and understands these provisions; 1326
1976-or 1327
1977- (III)c. The young adult has voluntarily left the program, 1328
1978-has not signed the document in sub -subparagraph b., and is 1329
1979-unwilling to participate in any further court proceeding. 1330
1980- 2.3. In all permanency hearings or hearings regarding the 1331
1981-transition of the young adult from care to indep endent living, 1332
1982-the court shall consult with the young adult regarding the 1333
1983-proposed permanency plan, case plan, and individual education 1334
1984-plan for the young adult and ensure that he or she has 1335
1985-understood the conversation. The court shall also inquire of the 1336
1986-young adult regarding his or her relationship with the 1337
1987-supportive adult with whom the young adult has entered into a 1338
1988-formal agreement for an ongoing relationship, if such agreement 1339
1989-exists. 1340
1990- Section 24. Paragraph (a) of subsection (3) of section 1341
1991-39.801, Florida Statutes, is amended to read: 1342
1992- 39.801 Procedures and jurisdiction; notice; service of 1343
1993-process.— 1344
1994- (3) Before the court may terminate parental rights, in 1345
1995-addition to the other requirements set forth in this part, the 1346
1996-following requirements must be met: 1347
1997- (a) Notice of the date, time, and place of the advisory 1348
1998-hearing for the petition to terminate parental rights and a copy 1349
1999-of the petition must be personally served upon the following 1350
2000-
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2008-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
2009-
2010-
2011-
2012-persons, specifically notifying them that a petition has been 1351
2013-filed: 1352
2014- 1. The parents of the child. 1353
2015- 2. The legal custodians of the child. 1354
2016- 3. If the parents who would be entitled to notice are dead 1355
2017-or unknown, a living relative of the child, unless upon diligent 1356
2018-search and inquiry no such relative can be found. 1357
2019- 4. Any person who has physical custody of the child. 1358
2020- 5. Any grandparent entitled to priority for adoption under 1359
2021-s. 63.0425. 1360
2022- 6. Any prospective parent who has been identified under s. 1361
2023-39.503 or s. 39.803, unless a court order has been entered 1362
2024-pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1363
2025-indicates no further notice is required. Except as otherwise 1364
2026-provided in this section, if there is not a legal father, notice 1365
2027-of the petition for termination of parental rights must be 1366
2028-provided to any known pro spective father who is identified under 1367
2029-oath before the court or who is identified by a diligent search 1368
2030-of the Florida Putative Father Registry. Service of the notice 1369
2031-of the petition for termination of parental rights is not 1370
2032-required if the prospective fat her executes an affidavit of 1371
2033-nonpaternity or a consent to termination of his parental rights 1372
2034-which is accepted by the court after notice and opportunity to 1373
2035-be heard by all parties to address the best interests of the 1374
2036-child in accepting such affidavit. 1375
2037-
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2045-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
2046-
2047-
2048-
2049- 7. The guardian ad litem for the child or the 1376
2050-representative of the guardian ad litem program, if the program 1377
2051-has been appointed. 1378
2052- 1379
2053-The document containing the notice to respond or appear must 1380
2054-contain, in type at least as large as the type in the balance of 1381
2055-the document, the following or substantially similar language: 1382
2056-"FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 1383
2057-CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 1384
2058-THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 1385
2059-TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 1386
2060-CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 1387
2061-NOTICE." 1388
2062- Section 25. Subsection (2) of section 39.807, Florida 1389
2063-Statutes, is amended to read: 1390
2064- 39.807 Right to counsel; guardian ad litem. — 1391
2065- (2)(a) The court shall appoint a guardian ad litem to 1392
2066-represent the best interest of the child in any termination of 1393
2067-parental rights proceedings and shall ascertain at each stage of 1394
2068-the proceedings whether a guardian ad litem has been appointed. 1395
2069- (b) The guardian ad litem has the following 1396
2070-responsibilities and authorities listed in s. 39.822. : 1397
2071- 1. To investigate the allegations of the petition and any 1398
2072-subsequent matters arising in the case and, 1399
2073- (c) Unless excused by the court, the guardian ad litem 1400
2074-
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2082-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
2083-
2084-
2085-
2086-must to file a written report. This report must include a 1401
2087-statement of the wishes of the child and the recommendations of 1402
2088-the guardian ad litem and must be provided to all parties and 1403
2089-the court at least 72 hours before the disposition hearing. 1404
2090- 2. To be present at all court hearings unless excused by 1405
2091-the court. 1406
2092- 3. To represent the best interests of the child until the 1407
2093-jurisdiction of the court over the child terminates or until 1408
2094-excused by the court. 1409
2095- (c) A guardian ad litem is not required to post bond but 1410
2096-shall file an acceptance of the office. 1411
2097- (d) A guardian ad litem is entitled to receive service of 1412
2098-pleadings and papers as provided by the Florida Rules of 1413
2099-Juvenile Procedure. 1414
2100- (d)(e) This subsection does not apply to any voluntary 1415
2101-relinquishment of pare ntal rights proceeding. 1416
2102- Section 26. Subsection (2) of section 39.808, Florida 1417
2103-Statutes, is amended to read: 1418
2104- 39.808 Advisory hearing; pretrial status conference. — 1419
2105- (2) At the hearing the court shall inform the parties of 1420
2106-their rights under s. 39.807, shall appoint counsel for the 1421
2107-parties in accordance with legal requirements, and shall appoint 1422
2108-a guardian ad litem to represent the interests of the child if 1423
2109-one has not already been appointed. 1424
2110- Section 27. Subsection (2) of section 39.815, Florida 1425
2111-
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2119-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
2120-
2121-
2122-
2123-Statutes, is amended to read: 1426
2124- 39.815 Appeal.— 1427
2125- (2) An attorney for the department shall represent the 1428
2126-state upon appeal. When a notice of appeal is filed in the 1429
2127-circuit court, the clerk shall notify the attorney for the 1430
2128-department, together with the attorney for the parent, the 1431
2129-guardian ad litem, and the any attorney ad litem for the child, 1432
2130-if one is appointed. 1433
2131- Section 28. Section 39.820, Florida Statutes, is repealed. 1434
2132- Section 29. Subsections (1) and (3) of section 39.821, 1435
2133-Florida Statutes, are amen ded to read: 1436
2134- 39.821 Qualifications of guardians ad litem. — 1437
2135- (1) Because of the special trust or responsibility placed 1438
2136-in a guardian ad litem, the Statewide Guardian ad Litem Office 1439
2137-Program may use any private funds collected by the office 1440
2138-program, or any state funds so designated, to conduct a security 1441
2139-background investigation before certifying a volunteer to serve. 1442
2140-A security background investigation must include, but need not 1443
2141-be limited to, employment history checks, checks of references, 1444
2142-local criminal history records checks through local law 1445
2143-enforcement agencies, and statewide criminal history records 1446
2144-checks through the Department of Law Enforcement. Upon request, 1447
2145-an employer shall furnish a copy of the personnel record for the 1448
2146-employee or former employee who is the subject of a security 1449
2147-background investigation conducted under this section. The 1450
2148-
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2156-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
2157-
2158-
2159-
2160-information contained in the personnel record may include, but 1451
2161-need not be limited to, disciplinary matters and the reason why 1452
2162-the employee was terminat ed from employment. An employer who 1453
2163-releases a personnel record for purposes of a security 1454
2164-background investigation is presumed to have acted in good faith 1455
2165-and is not liable for information contained in the record 1456
2166-without a showing that the employer malici ously falsified the 1457
2167-record. A security background investigation conducted under this 1458
2168-section must ensure that a person is not certified as a guardian 1459
2169-ad litem if the person has an arrest awaiting final disposition 1460
2170-for, been convicted of, regardless of adju dication, entered a 1461
2171-plea of nolo contendere or guilty to, or been adjudicated 1462
2172-delinquent and the record has not been sealed or expunged for, 1463
2173-any offense prohibited under the provisions listed in s. 435.04. 1464
2174-All applicants must undergo a level 2 background s creening 1465
2175-pursuant to chapter 435 before being certified to serve as a 1466
2176-guardian ad litem. In analyzing and evaluating the information 1467
2177-obtained in the security background investigation, the office 1468
2178-program must give particular emphasis to past activities 1469
2179-involving children, including, but not limited to, child -related 1470
2180-criminal offenses or child abuse. The office program has sole 1471
2181-discretion in determining whether to certify a person based on 1472
2182-his or her security background investigation. The information 1473
2183-collected pursuant to the security background investigation is 1474
2184-confidential and exempt from s. 119.07(1). 1475
2185-
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2193-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
2194-
2195-
2196-
2197- (3) It is a misdemeanor of the first degree, punishable as 1476
2198-provided in s. 775.082 or s. 775.083, for any person to 1477
2199-willfully, knowingly, or intentionally fa il, by false statement, 1478
2200-misrepresentation, impersonation, or other fraudulent means, to 1479
2201-disclose in any application for a volunteer position or for paid 1480
2202-employment with the Statewide Guardian ad Litem Office Program, 1481
2203-any material fact used in making a dete rmination as to the 1482
2204-applicant's qualifications for such position. 1483
2205- Section 30. Section 39.822, Florida Statutes, is amended 1484
2206-to read: 1485
2207- 39.822 Appointment of guardian ad litem for abused, 1486
2208-abandoned, or neglected child. — 1487
2209- (1) A guardian ad litem shall be appointed by the court at 1488
2210-the earliest possible time to represent the child in any child 1489
2211-abuse, abandonment, or neglect judicial proceeding, whether 1490
2212-civil or criminal. A guardian ad litem is a fiduciary and must 1491
2213-provide independent representation of the c hild using a best 1492
2214-interest standard of decisionmaking and advocacy. 1493
2215- (2)(a) A guardian ad litem must: 1494
2216- 1. Be present at all court hearings unless excused by the 1495
2217-court. 1496
2218- 2. Investigate issues related to the best interest of the 1497
2219-child who is the subject o f the appointment, review all 1498
2220-disposition recommendations and changes in placement, and, 1499
2221-unless excused by the court, file written reports and 1500
2222-
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2230-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
2231-
2232-
2233-
2234-recommendations in accordance with general law. 1501
2235- 3. Represent the child until the court's jurisdiction over 1502
2236-the child terminates or until excused by the court. 1503
2237- 4. Advocate for the child's participation in the 1504
2238-proceedings and to report the child's preferences to the court, 1505
2239-to the extent the child has the ability and desire to express 1506
2240-his or her preferences. 1507
2241- 5. Perform such other duties that are consistent with the 1508
2242-scope of the appointment. 1509
2243- (b) A guardian ad litem shall have immediate and unlimited 1510
2244-access to the children he or she represents. 1511
2245- (c) A guardian ad litem is not required to post bond but 1512
2246-must file an acceptance of the appointment. 1513
2247- (d) A guardian ad litem is entitled to receive service of 1514
2248-pleadings and papers as provided by the Florida Rules of 1515
2249-Juvenile Procedure. 1516
2250- (3) Any person participating in a civil or criminal 1517
2251-judicial proceeding resulting fro m such appointment shall be 1518
2252-presumed prima facie to be acting in good faith and in so doing 1519
2253-shall be immune from any liability, civil or criminal, that 1520
2254-otherwise might be incurred or imposed. 1521
2255- (4)(2) In those cases in which the parents are financially 1522
2256-able, the parent or parents of the child shall reimburse the 1523
2257-court, in part or in whole, for the cost of provision of 1524
2258-guardian ad litem representation services. Reimbursement to the 1525
2259-
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2267-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
2268-
2269-
2270-
2271-individual providing guardian ad litem services shall not be 1526
2272-contingent upon successful collection by the court from the 1527
2273-parent or parents. 1528
2274- (5)(3) Upon presentation by a guardian ad litem of a court 1529
2275-order appointing the guardian ad litem: 1530
2276- (a) An agency, as defined in chapter 119, shall allow the 1531
2277-guardian ad litem to inspect and copy records related to the 1532
2278-best interests of the child who is the subject of the 1533
2279-appointment, including, but not limited to, records made 1534
2280-confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1535
2281-the State Constitution. The guardian ad litem shall maintain the 1536
2282-confidential or exempt status of any records shared by an agency 1537
2283-under this paragraph. 1538
2284- (b) A person or organization, other than an agency under 1539
2285-paragraph (a), shall allow the guardian ad litem to inspect and 1540
2286-copy any records related to the b est interests of the child who 1541
2287-is the subject of the appointment, including, but not limited 1542
2288-to, confidential records. 1543
2289- 1544
2290-For the purposes of this subsection, the term "records related 1545
2291-to the best interests of the child" includes, but is not limited 1546
2292-to, medical, mental health, substance abuse, child care, 1547
2293-education, law enforcement, court, social services, and 1548
2294-financial records. 1549
2295- (4) The guardian ad litem or the program representative 1550
2296-
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2304-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
2305-
2306-
2307-
2308-shall review all disposition recommendations and changes in 1551
2309-placements, and must be present at all critical stages of the 1552
2310-dependency proceeding or submit a written report of 1553
2311-recommendations to the court. Written reports must be filed with 1554
2312-the court and served on all parties whose whereabouts are known 1555
2313-at least 72 hours prior to the hearing. 1556
2314- Section 31. Subsection (4) of section 39.827, Florida 1557
2315-Statutes, is amended to read: 1558
2316- 39.827 Hearing for appointment of a guardian advocate. — 1559
2317- (4) The hearing under this section must shall remain 1560
2318-confidential and closed to the public. The clerk shall keep all 1561
2319-court records required by this part separate from other records 1562
2320-of the circuit court. All court records required by this part 1563
2321-are shall be confidential and exempt from the provisions of s. 1564
2322-119.07(1). All records may only shall be inspected only upon 1565
2323-order of the court by persons deemed by the court to have a 1566
2324-proper interest therein, except that a child and the parents or 1567
2325-custodians of the child and their attorneys , the guardian ad 1568
2326-litem, and the department and its designees , and the attorney ad 1569
2327-litem, if one is appointed, shall always have the right to 1570
2328-inspect and copy any official record pertaining to the child. 1571
2329-The court may permit authorized representatives of recognized 1572
2330-organizations compiling statistics for proper purposes to 1573
2331-inspect and make abstracts from official records, under whatever 1574
2332-conditions upon their use and disposition the court may deem 1575
2333-
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2341-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
2342-
2343-
2344-
2345-proper, and may punish by contempt proceedings any violation of 1576
2346-those conditions. All information obtained pursuant to this part 1577
2347-in the discharge of official duty by any judge, employee of the 1578
2348-court, or authorized agent of the department is shall be 1579
2349-confidential and exempt from the provisions of s. 119.07(1) and 1580
2350-may shall not be disclosed to anyone other than the authorized 1581
2351-personnel of the court or the department and its designees, 1582
2352-except upon order of the court. 1583
2353- Section 32. Subsection (2) of section 39.8296, Florida 1584
2354-Statutes, is amended to read: 1585
2355- 39.8296 Statewide G uardian ad Litem Office; legislative 1586
2356-findings and intent; creation; appointment of executive 1587
2357-director; duties of office. — 1588
2358- (2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1589
2359-Statewide Guardian ad Litem Office within the Justice 1590
2360-Administrative Commission. The Justice Administrative Commission 1591
2361-shall provide administrative support and service to the office 1592
2362-to the extent requested by the executive director within the 1593
2363-available resources of the commission. The Statewide Guardian ad 1594
2364-Litem Office is not s ubject to control, supervision, or 1595
2365-direction by the Justice Administrative Commission in the 1596
2366-performance of its duties, but the employees of the office are 1597
2367-governed by the classification plan and salary and benefits plan 1598
2368-approved by the Justice Administrat ive Commission. 1599
2369- (a) The head of the Statewide Guardian ad Litem Office is 1600
2370-
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2378-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
2379-
2380-
2381-
2382-the executive director, who shall be appointed by the Governor 1601
2383-from a list of a minimum of three eligible applicants submitted 1602
2384-by a Guardian ad Litem Qualifications Committee. The Guardian ad 1603
2385-Litem Qualifications Committee shall be composed of five 1604
2386-persons, two persons appointed by the Governor, two persons 1605
2387-appointed by the Chief Justice of the Supreme Court, and one 1606
2388-person appointed by the Statewide Guardian ad Litem Office 1607
2389-Association. The committee shall provide for statewide 1608
2390-advertisement and the receiving of applications for the position 1609
2391-of executive director. The Governor shall appoint an executive 1610
2392-director from among the recommendations, or the Governor may 1611
2393-reject the nominations and request the submission of new 1612
2394-nominees. The executive director must have knowledge in 1613
2395-dependency law and knowledge of social service delivery systems 1614
2396-available to meet the needs of children who are abused, 1615
2397-neglected, or abandoned. The executive dir ector shall serve on a 1616
2398-full-time basis and shall personally, or through representatives 1617
2399-of the office, carry out the purposes and functions of the 1618
2400-Statewide Guardian ad Litem Office in accordance with state and 1619
2401-federal law and the state's long -established policy of 1620
2402-prioritizing children's best interests . The executive director 1621
2403-shall report to the Governor. The executive director shall serve 1622
2404-a 3-year term, subject to removal for cause by the Governor. Any 1623
2405-person appointed to serve as the executive director m ay be 1624
2406-permitted to serve more than one term without the necessity of 1625
2407-
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2415-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
2416-
2417-
2418-
2419-convening the Guardian ad Litem Qualifications Committee . 1626
2420- (b) The Statewide Guardian ad Litem Office shall, within 1627
2421-available resources, have oversight responsibilities for and 1628
2422-provide technical assistance to all guardian ad litem and 1629
2423-attorney ad litem programs located within the judicial circuits. 1630
2424- 1. The office shall identify the resources required to 1631
2425-implement methods of collecting, reporting, and tracking 1632
2426-reliable and consistent case data. 1633
2427- 2. The office shall review the current guardian ad litem 1634
2428-offices programs in Florida and other states. 1635
2429- 3. The office, in consultation with local guardian ad 1636
2430-litem offices, shall develop statewide performance measures and 1637
2431-standards. 1638
2432- 4. The office shall develop and maintain a guardian ad 1639
2433-litem training program , which must be updated regularly , which 1640
2434-shall include, but is not limited to, training on the 1641
2435-recognition of and responses to head trauma and brain injury in 1642
2436-a child under 6 years of age. T he office shall establish a 1643
2437-curriculum committee to develop the training program specified 1644
2438-in this subparagraph. The curriculum committee shall include, 1645
2439-but not be limited to, dependency judges, directors of circuit 1646
2440-guardian ad litem programs, active certi fied guardians ad litem, 1647
2441-a mental health professional who specializes in the treatment of 1648
2442-children, a member of a child advocacy group, a representative 1649
2443-of a domestic violence advocacy group, an individual with a 1650
2444-
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2452-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
2453-
2454-
2455-
2456-degree in social work, and a social worker experienced in 1651
2457-working with victims and perpetrators of child abuse . 1652
2458- 5. The office shall review the various methods of funding 1653
2459-guardian ad litem offices programs, maximize the use of those 1654
2460-funding sources to the extent possible, and review the kinds of 1655
2461-services being provided by circuit guardian ad litem offices 1656
2462-programs. 1657
2463- 6. The office shall determine the feasibility or 1658
2464-desirability of new concepts of organization, administration, 1659
2465-financing, or service delivery designed to preserve the civil 1660
2466-and constitutional rights and fulfill other needs of dependent 1661
2467-children. 1662
2468- 7. The office shall ensure that each child has an attorney 1663
2469-assigned to his or her case and, within available resources, is 1664
2470-represented using multidisciplinary teams that may include 1665
2471-volunteers, pro bono attorneys, social workers, and mentors. 1666
2472- 8. The office shall provide oversight and technical 1667
2473-assistance to attorneys ad litem, including, but not limited to, 1668
2474-all of the following: 1669
2475- a. Develop an attorney ad litem training program in 1670
2476-collaboration with dependency court stakeholders, including, but 1671
2477-not limited to, dependency judges, representatives from legal 1672
2478-aid providing attorney ad litem representation, and an attorney 1673
2479-ad litem appointed from a registry maintained by the chief 1674
2480-judge. The training program must be updated regularly with or 1675
2481-
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2489-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
2490-
2491-
2492-
2493-without convening the stakeholders group. 1676
2494- b. Offer consultation and technical assistance to chief 1677
2495-judges in maintaining attorney registries for the selection of 1678
2496-attorneys ad litem. 1679
2497- c. Assist with recruitmen t, training, and mentoring of 1680
2498-attorneys ad litem as needed. 1681
2499- 9.7. In an effort to promote normalcy and establish trust 1682
2500-between a court-appointed volunteer guardian ad litem and a 1683
2501-child alleged to be abused, abandoned, or neglected under this 1684
2502-chapter, a guardian ad litem may transport a child. However, a 1685
2503-guardian ad litem volunteer may not be required by a guardian ad 1686
2504-litem circuit office or ordered by or directed by the program or 1687
2505-a court to transport a child. 1688
2506- 10.8. The office shall submit to the Governo r, the 1689
2507-President of the Senate, the Speaker of the House of 1690
2508-Representatives, and the Chief Justice of the Supreme Court an 1691
2509-interim report describing the progress of the office in meeting 1692
2510-the goals as described in this section. The office shall submit 1693
2511-to the Governor, the President of the Senate, the Speaker of the 1694
2512-House of Representatives, and the Chief Justice of the Supreme 1695
2513-Court a proposed plan including alternatives for meeting the 1696
2514-state's guardian ad litem and attorney ad litem needs. This plan 1697
2515-may include recommendations for less than the entire state, may 1698
2516-include a phase-in system, and shall include estimates of the 1699
2517-cost of each of the alternatives. Each year the office shall 1700
2518-
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2526-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
2527-
2528-
2529-
2530-provide a status report and provide further recommendations to 1701
2531-address the need for guardian ad litem services and related 1702
2532-issues. 1703
2533- Section 33. Section 39.8297, Florida Statutes, is amended 1704
2534-to read: 1705
2535- 39.8297 County funding for guardian ad litem employees. — 1706
2536- (1) A county and the executive director of the Statewide 1707
2537-Guardian ad Litem Office may enter into an agreement by which 1708
2538-the county agrees to provide funds to the local guardian ad 1709
2539-litem office in order to employ persons who will assist in the 1710
2540-operation of the guardian ad litem office program in the county. 1711
2541- (2) The agreement, at a minimum, must provide that: 1712
2542- (a) Funding for the persons who are employed will be 1713
2543-provided on at least a fiscal -year basis. 1714
2544- (b) The persons who are employed will be hired, 1715
2545-supervised, managed, and terminated by the executive director of 1716
2546-the Statewide Guardian ad Litem Office. The statewide office is 1717
2547-responsible for compliance with all requirements of federal and 1718
2548-state employment laws, and shall fully indemnify the county from 1719
2549-any liability under such laws, as authorized by s. 768.28(19), 1720
2550-to the extent such liability is the result of the acts or 1721
2551-omissions of the Statewide Guardian ad Litem Office or its 1722
2552-agents or employees. 1723
2553- (c) The county is the employer for purposes of s. 440. 10 1724
2554-and chapter 443. 1725
2555-
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2563-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
2564-
2565-
2566-
2567- (d) Employees funded by the county under this section and 1726
2568-other county employees may be aggregated for purposes of a 1727
2569-flexible benefits plan pursuant to s. 125 of the Internal 1728
2570-Revenue Code of 1986. 1729
2571- (e) Persons employed under this sec tion may be terminated 1730
2572-after a substantial breach of the agreement or because funding 1731
2573-to the guardian ad litem office program has expired. 1732
2574- (3) Persons employed under this section may not be counted 1733
2575-in a formula or similar process used by the Statewide Gu ardian 1734
2576-ad Litem Office to measure personnel needs of a judicial 1735
2577-circuit's guardian ad litem office program. 1736
2578- (4) Agreements created pursuant to this section do not 1737
2579-obligate the state to allocate funds to a county to employ 1738
2580-persons in the guardian ad litem office program. 1739
2581- Section 34. Section 39.8298, Florida Statutes, is amended 1740
2582-to read: 1741
2583- 39.8298 Guardian ad Litem state direct-support 1742
2584-organization and local direct-support organizations .— 1743
2585- (1) AUTHORITY.—The Statewide Guardian ad Litem Office 1744
2586-created under s. 39.8296 is authorized to create a state direct-1745
2587-support organization and to create or designate local direct -1746
2588-support organizations. The executive director of the Statewide 1747
2589-Guardian ad Litem Office is responsible for designating local 1748
2590-direct-support organizations under this subsection . 1749
2591- (a) The state direct-support organization and the local 1750
2592-
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2600-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
2601-
2602-
2603-
2604-direct-support organizations must be a Florida corporations 1751
2605-corporation not for profit, incorporated under the provisions of 1752
2606-chapter 617. The state direct-support organization and the local 1753
2607-direct-support organizations are shall be exempt from paying 1754
2608-fees under s. 617.0122. 1755
2609- (b) The state direct-support organization and each local 1756
2610-direct-support organization must shall be organized and operated 1757
2611-to conduct programs and activities; raise funds; request and 1758
2612-receive grants, gifts, and bequests of moneys; acquire, receive, 1759
2613-hold, invest, and administer, in its own name, securities, 1760
2614-funds, objects of value, or other property, real or personal; 1761
2615-and make expenditures to or for the direct or indirect benefit 1762
2616-of the Statewide Guardian ad Litem Office , including the local 1763
2617-guardian ad litem offices . 1764
2618- (c) If the executive director of the Statewide Guardian ad 1765
2619-Litem Office determines that the state direct-support 1766
2620-organization or a local direct-support organization is operating 1767
2621-in a manner that is inconsistent with the goals and purposes of 1768
2622-the Statewide Guardian ad Litem Office or not acting in the best 1769
2623-interest of the state, the executive director may terminate the 1770
2624-organization's contract and thereafter the organization may not 1771
2625-use the name of the Statewide Guardian ad Litem Office. 1772
2626- (2) CONTRACTS CONTRACT.—The state direct-support 1773
2627-organization and the local direct -support organizations shall 1774
2628-operate under a writte n contract with the Statewide Guardian Ad 1775
2629-
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2637-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
2638-
2639-
2640-
2641-Litem Office. The written contract must, at a minimum, provide 1776
2642-for: 1777
2643- (a) Approval of the articles of incorporation and bylaws 1778
2644-of the direct-support organization by the executive director of 1779
2645-the Statewide Guardian ad Litem Office. 1780
2646- (b) Submission of an annual budget for the approval by the 1781
2647-executive director of the Statewide Guardian ad Litem Office. 1782
2648- (c) The reversion without penalty to the Statewide 1783
2649-Guardian ad Litem Office, or to the state if the Statewide 1784
2650-Guardian ad Litem Office ceases to exist, of all moneys and 1785
2651-property held in trust by the state direct-support organization 1786
2652-for the Statewide Guardian Ad Litem Office if the direct -support 1787
2653-organization ceases to exist or if the contract is terminated. 1788
2654- (d) The fiscal year of the state direct-support 1789
2655-organization and the local direct -support organizations , which 1790
2656-must begin July 1 of each year and end June 30 of the following 1791
2657-year. 1792
2658- (e) The disclosure of material provisions of the contract 1793
2659-and the distinction b etween the Statewide Guardian ad Litem 1794
2660-Office and the state direct-support organization or the local 1795
2661-direct-support organization to donors of gifts, contributions, 1796
2662-or bequests, as well as on all promotional and fundraising 1797
2663-publications. 1798
2664- (3) BOARD OF DIRECTORS.—The executive director of the 1799
2665-Statewide Guardian ad Litem Office shall appoint a board of 1800
2666-
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2674-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
2675-
2676-
2677-
2678-directors for the state direct-support organization. The 1801
2679-executive director may designate employees of the Statewide 1802
2680-Guardian ad Litem Office to serve on the b oard of directors of 1803
2681-the state direct-support organization or a local direct -support 1804
2682-organization. Members of the board of the state direct-support 1805
2683-organization or a local direct -support organization shall serve 1806
2684-at the pleasure of the executive director. 1807
2685- (4) USE OF PROPERTY AND SERVICES. —The executive director 1808
2686-of the Statewide Guardian ad Litem Office: 1809
2687- (a) May authorize the use of facilities and property other 1810
2688-than money that are owned by the Statewide Guardian ad Litem 1811
2689-Office to be used by the state direct-support organization or a 1812
2690-local direct-support organization . 1813
2691- (b) May authorize the use of personal services provided by 1814
2692-employees of the Statewide Guardian ad Litem Office to be used 1815
2693-by the state direct-support organization or a local direct -1816
2694-support organization. For the purposes of this section, the term 1817
2695-"personal services" includes full -time personnel and part -time 1818
2696-personnel as well as payroll processing. 1819
2697- (c) May prescribe the conditions by which the state 1820
2698-direct-support organization or a local direct-support 1821
2699-organization may use property, facilities, or personal services 1822
2700-of the office or the state direct-support organization . 1823
2701- (d) May Shall not authorize the use of property, 1824
2702-facilities, or personal services by the state of the direct-1825
2703-
2704-CS/CS/CS/HB 875 2023
2705-
2706-
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2711-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
2712-
2713-
2714-
2715-support organization or a local direct-support organization if 1826
2716-the organization does not provide equal employment opportunities 1827
2717-to all persons, regardless of race, color, religion, sex, age, 1828
2718-or national origin. 1829
2719- (5) MONEYS.—Moneys of the state direct-support 1830
2720-organization or a local direct-support organization must may be 1831
2721-held in a separate depository account in the name of the direct -1832
2722-support organization and subject to the provisions of the 1833
2723-contract with the Statewide Guardian ad Litem Office. 1834
2724- (6) ANNUAL AUDIT.—The state direct-support organization 1835
2725-and a local direct-support organization must shall provide for 1836
2726-an annual financial audit in accordance with s. 215.981. 1837
2727- (7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—1838
2728-The state direct-support organization and a local direct-support 1839
2729-organization may shall not exercise any power under s. 1840
2730-617.0302(12) or (16). A No state employee may not shall receive 1841
2731-compensation from the state direct-support organization or a 1842
2732-local direct-support organization for service on the board of 1843
2733-directors or for services rendered to the direct -support 1844
2734-organization. 1845
2735- Section 35. Section 1009.898, Florida Statutes, is created 1846
2736-to read: 1847
2737- 1009.898 Pathway to Prosperity grants. — 1848
2738- (1) The Pathway to Prosperity program shall administer the 1849
2739-following grants to youth and young adults aging out of foster 1850
2740-
2741-CS/CS/CS/HB 875 2023
2742-
2743-
2744-
2745-CODING: Words stricken are deletions; words underlined are additions.
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2748-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
2749-
2750-
2751-
2752-care: 1851
2753- (a) Grants to provide financial literacy instruction using 1852
2754-a curriculum developed by the Department of Financial Services. 1853
2755- (b) Grants to provide SAT and ACT preparation, including 1854
2756-one-on-one support and fee waivers for the examinations. 1855
2757- (c) Grants to youth and young adults planning to pursue 1856
2758-trade careers or paid apprenticeships. 1857
2759- (2) If a youth who is aging out of foster care is reunited 1858
2760-with his or her parents, the grants remain av ailable for the 1859
2761-youth for up to 6 months after reunification. 1860
2762- Section 36. Subsection (1) of section 39.302, Florida 1861
2763-Statutes, is amended to read: 1862
2764- 39.302 Protective investigations of institutional child 1863
2765-abuse, abandonment, or neglect. — 1864
2766- (1) The department shall conduct a child protective 1865
2767-investigation of each report of institutional child abuse, 1866
2768-abandonment, or neglect. Upon receipt of a report that alleges 1867
2769-that an employee or agent of the department, or any other entity 1868
2770-or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 1869
2771-acting in an official capacity, has committed an act of child 1870
2772-abuse, abandonment, or neglect, the department shall initiate a 1871
2773-child protective investigation within the timeframe established 1872
2774-under s. 39.101(2) and notify th e appropriate state attorney, 1873
2775-law enforcement agency, and licensing agency, which shall 1874
2776-immediately conduct a joint investigation, unless independent 1875
2777-
2778-CS/CS/CS/HB 875 2023
2779-
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2782-CODING: Words stricken are deletions; words underlined are additions.
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2785-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
2786-
2787-
2788-
2789-investigations are more feasible. When conducting investigations 1876
2790-or having face-to-face interviews with th e child, investigation 1877
2791-visits shall be unannounced unless it is determined by the 1878
2792-department or its agent that unannounced visits threaten the 1879
2793-safety of the child. If a facility is exempt from licensing, the 1880
2794-department shall inform the owner or operator of the facility of 1881
2795-the report. Each agency conducting a joint investigation is 1882
2796-entitled to full access to the information gathered by the 1883
2797-department in the course of the investigation. A protective 1884
2798-investigation must include an interview with the child's par ent 1885
2799-or legal guardian. The department shall make a full written 1886
2800-report to the state attorney within 3 business days after making 1887
2801-the oral report. A criminal investigation shall be coordinated, 1888
2802-whenever possible, with the child protective investigation of 1889
2803-the department. Any interested person who has information 1890
2804-regarding the offenses described in this subsection may forward 1891
2805-a statement to the state attorney as to whether prosecution is 1892
2806-warranted and appropriate. Within 15 days after the completion 1893
2807-of the investigation, the state attorney shall report the 1894
2808-findings to the department and shall include in the report a 1895
2809-determination of whether or not prosecution is justified and 1896
2810-appropriate in view of the circumstances of the specific case. 1897
2811- Section 37. Paragraph (c) of subsection (1) of section 1898
2812-39.521, Florida Statutes, is amended to read: 1899
2813- 39.521 Disposition hearings; powers of disposition. — 1900
2814-
2815-CS/CS/CS/HB 875 2023
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2817-
2818-
2819-CODING: Words stricken are deletions; words underlined are additions.
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2822-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
2823-
2824-
2825-
2826- (1) A disposition hearing shall be conducted by the court, 1901
2827-if the court finds that the facts alleged in the petition for 1902
2828-dependency were proven in the adjudicatory hearing, or if the 1903
2829-parents or legal custodians have consented to the finding of 1904
2830-dependency or admitted the allegations in the petition, have 1905
2831-failed to appear for the arraignment hearing after proper 1906
2832-notice, or have not been located despite a diligent search 1907
2833-having been conducted. 1908
2834- (c) When any child is adjudicated by a court to be 1909
2835-dependent, the court having jurisdiction of the child has the 1910
2836-power by order to: 1911
2837- 1. Require the parent and, when appropriate, th e legal 1912
2838-guardian or the child to participate in treatment and services 1913
2839-identified as necessary. The court may require the person who 1914
2840-has custody or who is requesting custody of the child to submit 1915
2841-to a mental health or substance abuse disorder assessment o r 1916
2842-evaluation. The order may be made only upon good cause shown and 1917
2843-pursuant to notice and procedural requirements provided under 1918
2844-the Florida Rules of Juvenile Procedure. The mental health 1919
2845-assessment or evaluation must be administered by a qualified 1920
2846-professional as defined in s. 39.01, and the substance abuse 1921
2847-assessment or evaluation must be administered by a qualified 1922
2848-professional as defined in s. 397.311. The court may also 1923
2849-require such person to participate in and comply with treatment 1924
2850-and services identified as necessary, including, when 1925
2851-
2852-CS/CS/CS/HB 875 2023
2853-
2854-
2855-
2856-CODING: Words stricken are deletions; words underlined are additions.
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2859-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
2860-
2861-
2862-
2863-appropriate and available, participation in and compliance with 1926
2864-a mental health court program established under chapter 394 or a 1927
2865-treatment-based drug court program established under s. 397.334. 1928
2866-Adjudication of a child as dependent based upon evidence of harm 1929
2867-as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 1930
2868-cause, and the court shall require the parent whose actions 1931
2869-caused the harm to submit to a substance abuse disorder 1932
2870-assessment or evaluation and to partic ipate and comply with 1933
2871-treatment and services identified in the assessment or 1934
2872-evaluation as being necessary. In addition to supervision by the 1935
2873-department, the court, including the mental health court program 1936
2874-or the treatment-based drug court program, may ov ersee the 1937
2875-progress and compliance with treatment by a person who has 1938
2876-custody or is requesting custody of the child. The court may 1939
2877-impose appropriate available sanctions for noncompliance upon a 1940
2878-person who has custody or is requesting custody of the child o r 1941
2879-make a finding of noncompliance for consideration in determining 1942
2880-whether an alternative placement of the child is in the child's 1943
2881-best interests. Any order entered under this subparagraph may be 1944
2882-made only upon good cause shown. This subparagraph does not 1945
2883-authorize placement of a child with a person seeking custody of 1946
2884-the child, other than the child's parent or legal custodian, who 1947
2885-requires mental health or substance abuse disorder treatment. 1948
2886- 2. Require, if the court deems necessary, the parties to 1949
2887-participate in dependency mediation. 1950
2888-
2889-CS/CS/CS/HB 875 2023
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2891-
2892-
2893-CODING: Words stricken are deletions; words underlined are additions.
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2896-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
2897-
2898-
2899-
2900- 3. Require placement of the child either under the 1951
2901-protective supervision of an authorized agent of the department 1952
2902-in the home of one or both of the child's parents or in the home 1953
2903-of a relative of the child or another adult approved by the 1954
2904-court, or in the custody of the department. Protective 1955
2905-supervision continues until the court terminates it or until the 1956
2906-child reaches the age of 18, whichever date is first. Protective 1957
2907-supervision shall be terminated by the court whenever the court 1958
2908-determines that permanency has been achieved for the child, 1959
2909-whether with a parent, another relative, or a legal custodian, 1960
2910-and that protective supervision is no longer needed. The 1961
2911-termination of supervision may be with or without retaining 1962
2912-jurisdiction, at the court's discretion, and shall in either 1963
2913-case be considered a permanency option for the child. The order 1964
2914-terminating supervision by the department must set forth the 1965
2915-powers of the custodian of the child and include the powers 1966
2916-ordinarily granted to a guardian of the person of a minor unless 1967
2917-otherwise specified. Upon the court's termination of supervision 1968
2918-by the department, further judicial reviews are not required if 1969
2919-permanency has been established for the child. 1970
2920- 4. Determine whether the chil d has a strong attachment to 1971
2921-the prospective permanent guardian and whether such guardian has 1972
2922-a strong commitment to permanently caring for the child. 1973
2923- Section 38. Paragraph (d) of subsection (4) of section 1974
2924-119.071, Florida Statutes, is amended to read: 1975
2925-
2926-CS/CS/CS/HB 875 2023
2927-
2928-
2929-
2930-CODING: Words stricken are deletions; words underlined are additions.
2931-hb0875-03-c3
2932-Page 80 of 97
2933-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
2934-
2935-
2936-
2937- 119.071 General exemptions from inspection or copying of 1976
2938-public records.— 1977
2939- (4) AGENCY PERSONNEL INFORMATION. — 1978
2940- (d)1. For purposes of this paragraph, the term: 1979
2941- a. "Home addresses" means the dwelling location at which 1980
2942-an individual resides and include s the physical address, mailing 1981
2943-address, street address, parcel identification number, plot 1982
2944-identification number, legal property description, neighborhood 1983
2945-name and lot number, GPS coordinates, and any other descriptive 1984
2946-property information that may reveal the home address. 1985
2947- b. "Telephone numbers" includes home telephone numbers, 1986
2948-personal cellular telephone numbers, personal pager telephone 1987
2949-numbers, and telephone numbers associated with personal 1988
2950-communications devices. 1989
2951- 2.a. The home addresses, telephone numbers, dates of 1990
2952-birth, and photographs of active or former sworn law enforcement 1991
2953-personnel or of active or former civilian personnel employed by 1992
2954-a law enforcement agency, including correctional and 1993
2955-correctional probation officers, personnel of the Depart ment of 1994
2956-Children and Families whose duties include the investigation of 1995
2957-abuse, neglect, exploitation, fraud, theft, or other criminal 1996
2958-activities, personnel of the Department of Health whose duties 1997
2959-are to support the investigation of child abuse or neglect, and 1998
2960-personnel of the Department of Revenue or local governments 1999
2961-whose responsibilities include revenue collection and 2000
2962-
2963-CS/CS/CS/HB 875 2023
2964-
2965-
2966-
2967-CODING: Words stricken are deletions; words underlined are additions.
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2970-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
2971-
2972-
2973-
2974-enforcement or child support enforcement; the names, home 2001
2975-addresses, telephone numbers, photographs, dates of birth, and 2002
2976-places of employment of the spouses and children of such 2003
2977-personnel; and the names and locations of schools and day care 2004
2978-facilities attended by the children of such personnel are exempt 2005
2979-from s. 119.07(1) and s. 24(a), Art. I of the State 2006
2980-Constitution. 2007
2981- b. The home address es, telephone numbers, dates of birth, 2008
2982-and photographs of current or former nonsworn investigative 2009
2983-personnel of the Department of Financial Services whose duties 2010
2984-include the investigation of fraud, theft, workers' compensation 2011
2985-coverage requirements and com pliance, other related criminal 2012
2986-activities, or state regulatory requirement violations; the 2013
2987-names, home addresses, telephone numbers, dates of birth, and 2014
2988-places of employment of the spouses and children of such 2015
2989-personnel; and the names and locations of sch ools and day care 2016
2990-facilities attended by the children of such personnel are exempt 2017
2991-from s. 119.07(1) and s. 24(a), Art. I of the State 2018
2992-Constitution. 2019
2993- c. The home addresses, telephone numbers, dates of birth, 2020
2994-and photographs of current or former nonsworn i nvestigative 2021
2995-personnel of the Office of Financial Regulation's Bureau of 2022
2996-Financial Investigations whose duties include the investigation 2023
2997-of fraud, theft, other related criminal activities, or state 2024
2998-regulatory requirement violations; the names, home address es, 2025
2999-
3000-CS/CS/CS/HB 875 2023
3001-
3002-
3003-
3004-CODING: Words stricken are deletions; words underlined are additions.
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3007-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
3008-
3009-
3010-
3011-telephone numbers, dates of birth, and places of employment of 2026
3012-the spouses and children of such personnel; and the names and 2027
3013-locations of schools and day care facilities attended by the 2028
3014-children of such personnel are exempt from s. 119.07(1) and s. 2029
3015-24(a), Art. I of the State Constitution. 2030
3016- d. The home addresses, telephone numbers, dates of birth, 2031
3017-and photographs of current or former firefighters certified in 2032
3018-compliance with s. 633.408; the names, home addresses, telephone 2033
3019-numbers, photographs, dates of birth, and places of employment 2034
3020-of the spouses and children of such firefighters; and the names 2035
3021-and locations of schools and day care facilities attended by the 2036
3022-children of such firefighters are exempt from s. 119.07(1) and 2037
3023-s. 24(a), Art. I of the State C onstitution. 2038
3024- e. The home addresses, dates of birth, and telephone 2039
3025-numbers of current or former justices of the Supreme Court, 2040
3026-district court of appeal judges, circuit court judges, and 2041
3027-county court judges; the names, home addresses, telephone 2042
3028-numbers, dates of birth, and places of employment of the spouses 2043
3029-and children of current or former justices and judges; and the 2044
3030-names and locations of schools and day care facilities attended 2045
3031-by the children of current or former justices and judges are 2046
3032-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2047
3033-Constitution. 2048
3034- f. The home addresses, telephone numbers, dates of birth, 2049
3035-and photographs of current or former state attorneys, assistant 2050
3036-
3037-CS/CS/CS/HB 875 2023
3038-
3039-
3040-
3041-CODING: Words stricken are deletions; words underlined are additions.
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3044-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
3045-
3046-
3047-
3048-state attorneys, statewide prosecutors, or assistant statewide 2051
3049-prosecutors; the names, home addresses, telephone numbers, 2052
3050-photographs, dates of birth, and places of employment of the 2053
3051-spouses and children of current or former state attorneys, 2054
3052-assistant state attorneys, statewide prosecutors, or assistant 2055
3053-statewide prosecutors; and the names and locations of schools 2056
3054-and day care facilities attended by the children of current or 2057
3055-former state attorneys, assistant state attorneys, statewide 2058
3056-prosecutors, or assistant statewide prosecutors are exempt from 2059
3057-s. 119.07(1) and s. 24(a), A rt. I of the State Constitution. 2060
3058- g. The home addresses, dates of birth, and telephone 2061
3059-numbers of general magistrates, special magistrates, judges of 2062
3060-compensation claims, administrative law judges of the Division 2063
3061-of Administrative Hearings, and child supp ort enforcement 2064
3062-hearing officers; the names, home addresses, telephone numbers, 2065
3063-dates of birth, and places of employment of the spouses and 2066
3064-children of general magistrates, special magistrates, judges of 2067
3065-compensation claims, administrative law judges of th e Division 2068
3066-of Administrative Hearings, and child support enforcement 2069
3067-hearing officers; and the names and locations of schools and day 2070
3068-care facilities attended by the children of general magistrates, 2071
3069-special magistrates, judges of compensation claims, 2072
3070-administrative law judges of the Division of Administrative 2073
3071-Hearings, and child support enforcement hearing officers are 2074
3072-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2075
3073-
3074-CS/CS/CS/HB 875 2023
3075-
3076-
3077-
3078-CODING: Words stricken are deletions; words underlined are additions.
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3081-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
3082-
3083-
3084-
3085-Constitution. 2076
3086- h. The home addresses, telephone numbers, dates of birth, 2077
3087-and photographs of current or former human resource, labor 2078
3088-relations, or employee relations directors, assistant directors, 2079
3089-managers, or assistant managers of any local government agency 2080
3090-or water management district whose duties include hiring and 2081
3091-firing employees, labor contract negotiation, administration, or 2082
3092-other personnel-related duties; the names, home addresses, 2083
3093-telephone numbers, dates of birth, and places of employment of 2084
3094-the spouses and children of such personnel; and the names and 2085
3095-locations of schools a nd day care facilities attended by the 2086
3096-children of such personnel are exempt from s. 119.07(1) and s. 2087
3097-24(a), Art. I of the State Constitution. 2088
3098- i. The home addresses, telephone numbers, dates of birth, 2089
3099-and photographs of current or former code enforcement officers; 2090
3100-the names, home addresses, telephone numbers, dates of birth, 2091
3101-and places of employment of the spouses and children of such 2092
3102-personnel; and the names and locations of schools and day care 2093
3103-facilities attended by the children of such personnel are e xempt 2094
3104-from s. 119.07(1) and s. 24(a), Art. I of the State 2095
3105-Constitution. 2096
3106- j. The home addresses, telephone numbers, places of 2097
3107-employment, dates of birth, and photographs of current or former 2098
3108-guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2099
3109-home addresses, telephone numbers, dates of birth, and places of 2100
3110-
3111-CS/CS/CS/HB 875 2023
3112-
3113-
3114-
3115-CODING: Words stricken are deletions; words underlined are additions.
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3118-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
3119-
3120-
3121-
3122-employment of the spouses and children of such persons; and the 2101
3123-names and locations of schools and day care facilities attended 2102
3124-by the children of such persons are exempt from s. 119.07(1) an d 2103
3125-s. 24(a), Art. I of the State Constitution. 2104
3126- k. The home addresses, telephone numbers, dates of birth, 2105
3127-and photographs of current or former juvenile probation 2106
3128-officers, juvenile probation supervisors, detention 2107
3129-superintendents, assistant detention super intendents, juvenile 2108
3130-justice detention officers I and II, juvenile justice detention 2109
3131-officer supervisors, juvenile justice residential officers, 2110
3132-juvenile justice residential officer supervisors I and II, 2111
3133-juvenile justice counselors, juvenile justice counse lor 2112
3134-supervisors, human services counselor administrators, senior 2113
3135-human services counselor administrators, rehabilitation 2114
3136-therapists, and social services counselors of the Department of 2115
3137-Juvenile Justice; the names, home addresses, telephone numbers, 2116
3138-dates of birth, and places of employment of spouses and children 2117
3139-of such personnel; and the names and locations of schools and 2118
3140-day care facilities attended by the children of such personnel 2119
3141-are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2120
3142-Constitution. 2121
3143- l. The home addresses, telephone numbers, dates of birth, 2122
3144-and photographs of current or former public defenders, assistant 2123
3145-public defenders, criminal conflict and civil regional counsel, 2124
3146-and assistant criminal conflict and civil regional counsel; the 2125
3147-
3148-CS/CS/CS/HB 875 2023
3149-
3150-
3151-
3152-CODING: Words stricken are deletions; words underlined are additions.
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3155-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
3156-
3157-
3158-
3159-names, home addresses, telephone numbers, dates of birth, and 2126
3160-places of employment of the spouses and children of current or 2127
3161-former public defenders, assistant public defenders, criminal 2128
3162-conflict and civil regional counsel, and assistant criminal 2129
3163-conflict and civil regional counsel; and the names and locations 2130
3164-of schools and day care facilities attended by the children of 2131
3165-current or former public defenders, assistant public defenders, 2132
3166-criminal conflict and civil regional counsel, and assistant 2133
3167-criminal conflict and civil regional counsel are exempt from s. 2134
3168-119.07(1) and s. 24(a), Art. I of the State Constitution. 2135
3169- m. The home addresses, telephone numbers, dates of birth, 2136
3170-and photographs of current or former investigators or inspectors 2137
3171-of the Department of Business and Professional Regulation; the 2138
3172-names, home addresses, telephone numbers, dates of birth, and 2139
3173-places of employment of the spouses and children of such current 2140
3174-or former investigators and inspectors; and the names and 2141
3175-locations of schools and day care facilities attended by the 2142
3176-children of such current or former investigators and inspectors 2143
3177-are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2144
3178-Constitution. 2145
3179- n. The home addresses, telephone numbers, and dates of 2146
3180-birth of county tax collec tors; the names, home addresses, 2147
3181-telephone numbers, dates of birth, and places of employment of 2148
3182-the spouses and children of such tax collectors; and the names 2149
3183-and locations of schools and day care facilities attended by the 2150
3184-
3185-CS/CS/CS/HB 875 2023
3186-
3187-
3188-
3189-CODING: Words stricken are deletions; words underlined are additions.
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3192-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
3193-
3194-
3195-
3196-children of such tax collectors are exempt from s. 119.07(1) and 2151
3197-s. 24(a), Art. I of the State Constitution. 2152
3198- o. The home addresses, telephone numbers, dates of birth, 2153
3199-and photographs of current or former personnel of the Department 2154
3200-of Health whose duties include, or result in, the dete rmination 2155
3201-or adjudication of eligibility for social security disability 2156
3202-benefits, the investigation or prosecution of complaints filed 2157
3203-against health care practitioners, or the inspection of health 2158
3204-care practitioners or health care facilities licensed by t he 2159
3205-Department of Health; the names, home addresses, telephone 2160
3206-numbers, dates of birth, and places of employment of the spouses 2161
3207-and children of such personnel; and the names and locations of 2162
3208-schools and day care facilities attended by the children of such 2163
3209-personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2164
3210-the State Constitution. 2165
3211- p. The home addresses, telephone numbers, dates of birth, 2166
3212-and photographs of current or former impaired practitioner 2167
3213-consultants who are retained by an agency or curren t or former 2168
3214-employees of an impaired practitioner consultant whose duties 2169
3215-result in a determination of a person's skill and safety to 2170
3216-practice a licensed profession; the names, home addresses, 2171
3217-telephone numbers, dates of birth, and places of employment of 2172
3218-the spouses and children of such consultants or their employees; 2173
3219-and the names and locations of schools and day care facilities 2174
3220-attended by the children of such consultants or employees are 2175
3221-
3222-CS/CS/CS/HB 875 2023
3223-
3224-
3225-
3226-CODING: Words stricken are deletions; words underlined are additions.
3227-hb0875-03-c3
3228-Page 88 of 97
3229-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
3230-
3231-
3232-
3233-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2176
3234-Constitution. 2177
3235- q. The home addresses, telephone numbers, dates of birth, 2178
3236-and photographs of current or former emergency medical 2179
3237-technicians or paramedics certified under chapter 401; the 2180
3238-names, home addresses, telephone numbers, dates of birth, and 2181
3239-places of employment of the spouses and children of such 2182
3240-emergency medical technicians or paramedics; and the names and 2183
3241-locations of schools and day care facilities attended by the 2184
3242-children of such emergency medical technicians or paramedics are 2185
3243-exempt from s. 119.07(1 ) and s. 24(a), Art. I of the State 2186
3244-Constitution. 2187
3245- r. The home addresses, telephone numbers, dates of birth, 2188
3246-and photographs of current or former personnel employed in an 2189
3247-agency's office of inspector general or internal audit 2190
3248-department whose duties inclu de auditing or investigating waste, 2191
3249-fraud, abuse, theft, exploitation, or other activities that 2192
3250-could lead to criminal prosecution or administrative discipline; 2193
3251-the names, home addresses, telephone numbers, dates of birth, 2194
3252-and places of employment of spous es and children of such 2195
3253-personnel; and the names and locations of schools and day care 2196
3254-facilities attended by the children of such personnel are exempt 2197
3255-from s. 119.07(1) and s. 24(a), Art. I of the State 2198
3256-Constitution. 2199
3257- s. The home addresses, telephone num bers, dates of birth, 2200
3258-
3259-CS/CS/CS/HB 875 2023
3260-
3261-
3262-
3263-CODING: Words stricken are deletions; words underlined are additions.
3264-hb0875-03-c3
3265-Page 89 of 97
3266-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
3267-
3268-
3269-
3270-and photographs of current or former directors, managers, 2201
3271-supervisors, nurses, and clinical employees of an addiction 2202
3272-treatment facility; the home addresses, telephone numbers, 2203
3273-photographs, dates of birth, and places of employment of the 2204
3274-spouses and children of such personnel; and the names and 2205
3275-locations of schools and day care facilities attended by the 2206
3276-children of such personnel are exempt from s. 119.07(1) and s. 2207
3277-24(a), Art. I of the State Constitution. For purposes of this 2208
3278-sub-subparagraph, the term "addiction treatment facility" means 2209
3279-a county government, or agency thereof, that is licensed 2210
3280-pursuant to s. 397.401 and provides substance abuse prevention, 2211
3281-intervention, or clinical treatment, including any licensed 2212
3282-service component described in s. 397.311(26). 2213
3283- t. The home addresses, telephone numbers, dates of birth, 2214
3284-and photographs of current or former directors, managers, 2215
3285-supervisors, and clinical employees of a child advocacy center 2216
3286-that meets the standards of s. 39.3035(2) and f ulfills the 2217
3287-screening requirement of s. 39.3035(3), and the members of a 2218
3288-Child Protection Team as described in s. 39.303 whose duties 2219
3289-include supporting the investigation of child abuse or sexual 2220
3290-abuse, child abandonment, child neglect, and child exploitat ion 2221
3291-or to provide services as part of a multidisciplinary case 2222
3292-review team; the names, home addresses, telephone numbers, 2223
3293-photographs, dates of birth, and places of employment of the 2224
3294-spouses and children of such personnel and members; and the 2225
3295-
3296-CS/CS/CS/HB 875 2023
3297-
3298-
3299-
3300-CODING: Words stricken are deletions; words underlined are additions.
3301-hb0875-03-c3
3302-Page 90 of 97
3303-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
3304-
3305-
3306-
3307-names and locations of schools and day care facilities attended 2226
3308-by the children of such personnel and members are exempt from s. 2227
3309-119.07(1) and s. 24(a), Art. I of the State Constitution. 2228
3310- u. The home addresses, telephone numbers, places of 2229
3311-employment, dates of birth, and photographs of current or former 2230
3312-staff and domestic violence advocates, as defined in s. 2231
3313-90.5036(1)(b), of domestic violence centers certified by the 2232
3314-Department of Children and Families under chapter 39; the names, 2233
3315-home addresses, telephone numbers, pl aces of employment, dates 2234
3316-of birth, and photographs of the spouses and children of such 2235
3317-personnel; and the names and locations of schools and day care 2236
3318-facilities attended by the children of such personnel are exempt 2237
3319-from s. 119.07(1) and s. 24(a), Art. I o f the State 2238
3320-Constitution. 2239
3321- 3. An agency that is the custodian of the information 2240
3322-specified in subparagraph 2. and that is not the employer of the 2241
3323-officer, employee, justice, judge, or other person specified in 2242
3324-subparagraph 2. must maintain the exempt stat us of that 2243
3325-information only if the officer, employee, justice, judge, other 2244
3326-person, or employing agency of the designated employee submits a 2245
3327-written and notarized request for maintenance of the exemption 2246
3328-to the custodial agency. The request must state unde r oath the 2247
3329-statutory basis for the individual's exemption request and 2248
3330-confirm the individual's status as a party eligible for exempt 2249
3331-status. 2250
3332-
3333-CS/CS/CS/HB 875 2023
3334-
3335-
3336-
3337-CODING: Words stricken are deletions; words underlined are additions.
3338-hb0875-03-c3
3339-Page 91 of 97
3340-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
3341-
3342-
3343-
3344- 4.a. A county property appraiser, as defined in s. 2251
3345-192.001(3), or a county tax collector, as defined in s. 2252
3346-192.001(4), who receives a written and notarized request for 2253
3347-maintenance of the exemption pursuant to subparagraph 3. must 2254
3348-comply by removing the name of the individual with exempt status 2255
3349-and the instrument number or Official Records book and page 2256
3350-number identifying the property with the exempt status from all 2257
3351-publicly available records maintained by the property appraiser 2258
3352-or tax collector. For written requests received on or before 2259
3353-July 1, 2021, a county property appraiser or county tax 2260
3354-collector must comply wit h this sub-subparagraph by October 1, 2261
3355-2021. A county property appraiser or county tax collector may 2262
3356-not remove the street address, legal description, or other 2263
3357-information identifying real property within the agency's 2264
3358-records so long as a name or personal i nformation otherwise 2265
3359-exempt from inspection and copying pursuant to this section are 2266
3360-not associated with the property or otherwise displayed in the 2267
3361-public records of the agency. 2268
3362- b. Any information restricted from public display, 2269
3363-inspection, or copying un der sub-subparagraph a. must be 2270
3364-provided to the individual whose information was removed. 2271
3365- 5. An officer, an employee, a justice, a judge, or other 2272
3366-person specified in subparagraph 2. may submit a written request 2273
3367-for the release of his or her exempt infor mation to the 2274
3368-custodial agency. The written request must be notarized and must 2275
3369-
3370-CS/CS/CS/HB 875 2023
3371-
3372-
3373-
3374-CODING: Words stricken are deletions; words underlined are additions.
3375-hb0875-03-c3
3376-Page 92 of 97
3377-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
3378-
3379-
3380-
3381-specify the information to be released and the party authorized 2276
3382-to receive the information. Upon receipt of the written request, 2277
3383-the custodial agency must release the specified information to 2278
3384-the party authorized to receive such information. 2279
3385- 6. The exemptions in this paragraph apply to information 2280
3386-held by an agency before, on, or after the effective date of the 2281
3387-exemption. 2282
3388- 7. Information made exempt under this paragraph may be 2283
3389-disclosed pursuant to s. 28.2221 to a title insurer authorized 2284
3390-pursuant to s. 624.401 and its affiliates as defined in s. 2285
3391-624.10; a title insurance agent or title insurance agency as 2286
3392-defined in s. 626.841(1) or (2), respectively; or an attorney 2287
3393-duly admitted to practice law in this state and in good standing 2288
3394-with The Florida Bar. 2289
3395- 8. The exempt status of a home address contained in the 2290
3396-Official Records is maintained only during the period when a 2291
3397-protected party resides at the dwelling location. Upon 2292
3398-conveyance of real property after October 1, 2021, and when such 2293
3399-real property no longer constitutes a protected party's home 2294
3400-address as defined in sub -subparagraph 1.a., the protected party 2295
3401-must submit a written request to release the removed information 2296
3402-to the county recorder. The written request to release the 2297
3403-removed information must be notarized, must confirm that a 2298
3404-protected party's request for release is pursuant to a 2299
3405-conveyance of his or her dwelling location, and must specify the 2300
3406-
3407-CS/CS/CS/HB 875 2023
3408-
3409-
3410-
3411-CODING: Words stricken are deletions; words underlined are additions.
3412-hb0875-03-c3
3413-Page 93 of 97
3414-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
3415-
3416-
3417-
3418-Official Records book a nd page, instrument number, or clerk's 2301
3419-file number for each document containing the information to be 2302
3420-released. 2303
3421- 9. Upon the death of a protected party as verified by a 2304
3422-certified copy of a death certificate or court order, any party 2305
3423-can request the county recorder to release a protected 2306
3424-decedent's removed information unless there is a related request 2307
3425-on file with the county recorder for continued removal of the 2308
3426-decedent's information or unless such removal is otherwise 2309
3427-prohibited by statute or by court ord er. The written request to 2310
3428-release the removed information upon the death of a protected 2311
3429-party must attach the certified copy of a death certificate or 2312
3430-court order and must be notarized, must confirm the request for 2313
3431-release is due to the death of a protect ed party, and must 2314
3432-specify the Official Records book and page number, instrument 2315
3433-number, or clerk's file number for each document containing the 2316
3434-information to be released. A fee may not be charged for the 2317
3435-release of any document pursuant to such request. 2318
3436- 10. This paragraph is subject to the Open Government 2319
3437-Sunset Review Act in accordance with s. 119.15 and shall stand 2320
3438-repealed on October 2, 2024, unless reviewed and saved from 2321
3439-repeal through reenactment by the Legislature. 2322
3440- Section 39. Subsection (4) of section 322.09, Florida 2323
3441-Statutes, is amended to read: 2324
3442- 322.09 Application of minors; responsibility for 2325
3443-
3444-CS/CS/CS/HB 875 2023
3445-
3446-
3447-
3448-CODING: Words stricken are deletions; words underlined are additions.
3449-hb0875-03-c3
3450-Page 94 of 97
3451-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
3452-
3453-
3454-
3455-negligence or misconduct of minor. — 2326
3456- (4) Notwithstanding subsections (1) and (2), if a 2327
3457-caregiver of a minor who is under the age of 18 years and is in 2328
3458-out-of-home care as defined in s. 39.01 s. 39.01(55), an 2329
3459-authorized representative of a residential group home at which 2330
3460-such a minor resides, the caseworker at the agency at which the 2331
3461-state has placed the minor, or a guardian ad litem specifically 2332
3462-authorized by the minor's caregiver to sign for a learner's 2333
3463-driver license signs the minor's application for a learner's 2334
3464-driver license, that caregiver, group home representative, 2335
3465-caseworker, or guardian ad litem does not assume any obligation 2336
3466-or become liable for any damages caused by the negligence or 2337
3467-willful misconduct of the minor by reason of having signed the 2338
3468-application. Before signing the application, the caseworker, 2339
3469-authorized group home representative, or guardian ad litem shall 2340
3470-notify the caregiver o r other responsible party of his or her 2341
3471-intent to sign and verify the application. 2342
3472- Section 40. Paragraph (p) of subsection (4) of section 2343
3473-394.495, Florida Statutes, is amended to read: 2344
3474- 394.495 Child and adolescent mental health system of care; 2345
3475-programs and services. — 2346
3476- (4) The array of services may include, but is not limited 2347
3477-to: 2348
3478- (p) Trauma-informed services for children who have 2349
3479-suffered sexual exploitation as defined in s. 39.01(80)(g) s. 2350
3480-
3481-CS/CS/CS/HB 875 2023
3482-
3483-
3484-
3485-CODING: Words stricken are deletions; words underlined are additions.
3486-hb0875-03-c3
3487-Page 95 of 97
3488-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
3489-
3490-
3491-
3492-39.01(77)(g). 2351
3493- Section 41. Section 627.746, Florid a Statutes, is amended 2352
3494-to read: 2353
3495- 627.746 Coverage for minors who have a learner's driver 2354
3496-license; additional premium prohibited. —An insurer that issues 2355
3497-an insurance policy on a private passenger motor vehicle to a 2356
3498-named insured who is a caregiver of a min or who is under the age 2357
3499-of 18 years and is in out -of-home care as defined in s. 39.01 s. 2358
3500-39.01(55) may not charge an additional premium for coverage of 2359
3501-the minor while the minor is operating the insured vehicle, for 2360
3502-the period of time that the minor has a learner's driver 2361
3503-license, until such time as the minor obtains a driver license. 2362
3504- Section 42. Paragraph (b) of subsection (9) of section 2363
3505-768.28, Florida Statutes, is amended to read: 2364
3506- 768.28 Waiver of sovereign immunity in tort actions; 2365
3507-recovery limits; civil liability for damages caused during a 2366
3508-riot; limitation on attorney fees; statute of limitations; 2367
3509-exclusions; indemnification; risk management programs. — 2368
3510- (9) 2369
3511- (b) As used in this subsection, the term: 2370
3512- 1. "Employee" includes any volunteer firefig hter. 2371
3513- 2. "Officer, employee, or agent" includes, but is not 2372
3514-limited to, any health care provider when providing services 2373
3515-pursuant to s. 766.1115; any nonprofit independent college or 2374
3516-university located and chartered in this state which owns or 2375
3517-
3518-CS/CS/CS/HB 875 2023
3519-
3520-
3521-
3522-CODING: Words stricken are deletions; words underlined are additions.
3523-hb0875-03-c3
3524-Page 96 of 97
3525-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
3526-
3527-
3528-
3529-operates an accredited medical school, and its employees or 2376
3530-agents, when providing patient services pursuant to paragraph 2377
3531-(10)(f); any public defender or her or his employee or agent, 2378
3532-including an assistant public defender or an investigator; and 2379
3533-any member of a Child Protection Team, as defined in s. 39.01 s. 2380
3534-39.01(13), when carrying out her or his duties as a team member 2381
3535-under the control, direction, and supervision of the state or 2382
3536-any of its agencies or subdivisions. 2383
3537- Section 43. Paragraph (c) of subsection (1) of section 2384
3538-934.255, Florida Statutes, is amended to read: 2385
3539- 934.255 Subpoenas in investigations of sexual offenses. — 2386
3540- (1) As used in this section, the term: 2387
3541- (c) "Sexual abuse of a child" means a criminal offense 2388
3542-based on any conduct described in s. 39.01(80) s. 39.01(77). 2389
3543- Section 44. Subsection (5) of section 960.065, Florida 2390
3544-Statutes, is amended to read: 2391
3545- 960.065 Eligibility for awards. — 2392
3546- (5) A person is not ineligible for an award pursuant to 2393
3547-paragraph (2)(a), paragraph (2)(b), or paragraph (2)( c) if that 2394
3548-person is a victim of sexual exploitation of a child as defined 2395
3549-in s. 39.01(80)(g) s. 39.01(77)(g). 2396
3550- Section 45. The Division of Law Revision is requested to 2397
3551-prepare a reviser's bill for the 2024 Regular Session of the 2398
3552-Legislature to substitu te the term "Statewide Guardian ad Litem 2399
3553-Office" for the term "Statewide Guardian Ad Litem Program" 2400
3554-
3555-CS/CS/CS/HB 875 2023
3556-
3557-
3558-
3559-CODING: Words stricken are deletions; words underlined are additions.
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3561-Page 97 of 97
3562-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
3563-
3564-
3565-
3566-throughout the Florida Statutes. 2401
3567- Section 46. This act shall take effect July 1, 2023. 2402
30+earliest possible time; authorizing the court to 17
31+appoint an attorney ad litem for a child after it 18
32+makes certain determinations; amending s. 39.01305, 19
33+F.S.; revising provisions relating to the appointment 20
34+of an attorney for certain children; revising 21
35+legislative findings; authorizing the court to appoint 22
36+an attorney ad litem for a child after making certain 23
37+determinations; providing requirements for the 24
38+appointment and discharge of an attorney ad litem; 25
39+
40+CS/CS/HB 875 2023
41+
42+
43+
44+CODING: Words stricken are deletions; words underlined are additions.
45+hb0875-02-c2
46+Page 2 of 96
47+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
48+
49+
50+
51+conforming provisions to changes made by the act; 26
52+providing applicability; amending s. 39.0132, F.S.; 27
53+authorizing a child's attorney ad litem to inspect 28
54+certain records; amending s. 39.0136, F.S.; revising 29
55+the parties who may request a continuance in a 30
56+proceeding; amending s. 39.0139, F.S.; conforming 31
57+provisions to changes made by the act; amending s. 32
58+39.202, F.S.; requiring that certain confidential 33
59+records be released to the guardian ad litem and 34
60+attorney ad litem; conforming a cross -reference; 35
61+amending s. 39.402, F.S.; requiring parents to consent 36
62+to provide certain information to the guardian ad 37
63+litem and attorney ad litem; conforming provisions to 38
64+changes made by the act; amending s. 39.4022, F.S.; 39
65+revising the participants who must be invited to a 40
66+multidisciplinary team staffing; amending s. 39.4023, 41
67+F.S.; requiring notice of a multidisciplinary team 42
68+staffing be provided to a child's guardian ad litem 43
69+and attorney ad litem; conforming provisions to 44
70+changes made by the act; amending s. 39.407, F.S.; 45
71+conforming provisions to changes made by the act; 46
72+amending s. 39.4085, F.S.; providing a goal of 47
73+permanency; conforming provisions to changes made by 48
74+the act; amending s. 39.522, F.S.; conforming 49
75+provisions to changes made by the act; amending s. 50
76+
77+CS/CS/HB 875 2023
78+
79+
80+
81+CODING: Words stricken are deletions; words underlined are additions.
82+hb0875-02-c2
83+Page 3 of 96
84+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
85+
86+
87+
88+39.6012, F.S.; requiring a case plan to include 51
89+written descriptions of cer tain activities; conforming 52
90+a cross-reference; creating s. 39.6036, F.S.; 53
91+providing legislative findings and intent; requiring 54
92+the Statewide Guardian ad Litem Office to work with 55
93+certain children to identify a supportive adult to 56
94+enter into a specified agr eement; requiring such 57
95+agreement be documented in the child's court file; 58
96+requiring the office to coordinate with the Office of 59
97+Continuing Care for a specified purpose; amending s. 60
98+39.621, F.S.; conforming provisions to changes made by 61
99+the act; amending s. 39.6241, F.S.; requiring a 62
100+guardian ad litem to advise the court regarding 63
101+certain information and to ensure a certain agreement 64
102+has been documented in the child's court file; 65
103+amending s. 39.701, F.S.; requiring certain notice be 66
104+given to an attorney ad l item; requiring a court to 67
105+give a guardian ad litem an opportunity to address the 68
106+court in certain proceedings; requiring the court to 69
107+inquire and determine if a child has a certain 70
108+agreement documented in his or her court file at a 71
109+specified hearing; conf orming provisions to changes 72
110+made by the act; amending s. 39.801, F.S.; conforming 73
111+provisions to changes made by the act; amending s. 74
112+39.807, F.S.; requiring a court to appoint a guardian 75
113+
114+CS/CS/HB 875 2023
115+
116+
117+
118+CODING: Words stricken are deletions; words underlined are additions.
119+hb0875-02-c2
120+Page 4 of 96
121+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
122+
123+
124+
125+ad litem to represent the child; revising a guardian 76
126+ad litem's responsibilities and authorities; deleting 77
127+provisions relating to bonds and service of pleadings 78
128+or papers; amending s. 39.808, F.S.; conforming 79
129+provisions to changes made by the act; amending s. 80
130+39.815, F.S.; conforming provisions to changes made by 81
131+the act; repealing s. 39.820, F.S., relating to 82
132+definitions of the terms "guardian ad litem" and 83
133+"guardian advocate"; amending s. 39.821, F.S.; 84
134+conforming provisions to changes made by the act; 85
135+amending s. 39.822, F.S.; providing that a guardian ad 86
136+litem is a fiduciary and must provide independent 87
137+representation to a child; revising responsibilities 88
138+of a guardian ad litem; requiring that guardians ad 89
139+litem have certain access to the children the 90
140+guardians ad litem represent; providing actions that a 91
141+guardian ad litem does or does not have to fulfill; 92
142+amending s. 39.827, F.S.; authorizing a child's 93
143+guardian ad litem and attorney ad litem to inspect 94
144+certain records; amending s. 39.8296, F.S.; revising 95
145+the duties and appointment of the executive director 96
146+of the Statewide Guardian ad Litem Office; requiring 97
147+the training program for guardians ad litem to be 98
148+updated regularly; requiring the office to provide 99
149+oversight and technical assistance to attorneys ad 100
150+
151+CS/CS/HB 875 2023
152+
153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb0875-02-c2
157+Page 5 of 96
158+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
159+
160+
161+
162+litem; specifying certain requirements of the office; 101
163+amending s. 39.8297, F.S.; conforming provisions to 102
164+changes made by the act; amending s. 39.8298, F.S.; 103
165+authorizing the executive director of the Statewide 104
166+Guardian ad Litem Office to create or designate local 105
167+direct-support organizations; providing 106
168+responsibilities for the executive director of the 107
169+office; requiring that certain moneys be held in a 108
170+separate depository account; conforming provisions to 109
171+changes made by the act; creating s. 1009.898, F.S.; 110
172+authorizing the Pathway to Prosperity program to 111
173+provide certain grants to youth and young adults who 112
174+are aging out of foster care; requiring grants to 113
175+extend for a certain period of time after a recipient 114
176+is reunited with his or her parents; amending ss. 115
177+39.302, 39.521, 119.071, 322.09, 394.495, 627.746, 116
178+768.28, 934.255, and 960.065, F.S.; conforming cross -117
179+references; providing a directive to the Division of 118
180+Law Revision; providing an effective date; 119
181+ 120
182+Be It Enacted by the Legislature of the State of Florida: 121
183+ 122
184+ Section 1. Paragraph (j) of subsection (1) and paragr aph 123
185+(a) of subsection (10) of section 39.001, Florida Statutes, are 124
186+amended to read: 125
187+
188+CS/CS/HB 875 2023
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191+
192+CODING: Words stricken are deletions; words underlined are additions.
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195+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
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197+
198+
199+ 39.001 Purposes and intent; personnel standards and 126
200+screening.— 127
201+ (1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 128
202+ (j) To ensure that, when reunification or adoption is not 129
203+possible, the child will be prepared for alternative permanency 130
204+goals or placements, to include, but not be limited to, long -131
205+term foster care, independent living, custody to a relative on a 132
206+permanent basis with or without legal guardianship , or custody 133
207+to a foster parent or legal custodian on a permanent basis with 134
208+or without legal guardianship. Permanency for a child who is 135
209+transitioning from foster care to independent living includes 136
210+naturally occurring, lifelong, kin -like connections betw een the 137
211+child and a supportive adult. 138
212+ (10) PLAN FOR COMPREHENSIVE APPROACH. — 139
213+ (a) The office shall develop a state plan for the 140
214+promotion of adoption, support of adoptive families, and 141
215+prevention of abuse, abandonment, and neglect of children. The 142
216+Department of Children and Families, the Department of 143
217+Corrections, the Department of Education, the Department of 144
218+Health, the Department of Juvenile Justice, the Department of 145
219+Law Enforcement, the Statewide Guardian ad Litem Office, and the 146
220+Agency for Persons with Disabilities shall participate and fully 147
221+cooperate in the development of the state plan at both the state 148
222+and local levels. Furthermore, appropriate local agencies and 149
223+organizations shall be provided an opportunity to participate in 150
224+
225+CS/CS/HB 875 2023
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232+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
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234+
235+
236+the development of the state plan at the local level. 151
237+Appropriate local groups and organizations shall include, but 152
238+not be limited to, community mental health centers; circuit 153
239+guardian ad litem offices programs for children under the 154
240+circuit court; the school boards of the local school districts; 155
241+the Florida local advocacy councils; community -based care lead 156
242+agencies; private or public organizations or programs with 157
243+recognized expertise in working with child abuse prevention 158
244+programs for children and families; private or pub lic 159
245+organizations or programs with recognized expertise in working 160
246+with children who are sexually abused, physically abused, 161
247+emotionally abused, abandoned, or neglected and with expertise 162
248+in working with the families of such children; private or public 163
249+programs or organizations with expertise in maternal and infant 164
250+health care; multidisciplinary Child Protection Teams; child day 165
251+care centers; law enforcement agencies; and the circuit courts , 166
252+when guardian ad litem programs are not available in the local 167
253+area. The state plan to be provided to the Legislature and the 168
254+Governor shall include, as a minimum, the information required 169
255+of the various groups in paragraph (b). 170
256+ Section 2. Subsection (2) of section 39.00145, Florida 171
257+Statutes, is amended to read: 172
258+ 39.00145 Records concerning children. — 173
259+ (2) Notwithstanding any other provision of this chapter, 174
260+all records in a child's case record must be made available for 175
261+
262+CS/CS/HB 875 2023
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269+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
270+
271+
272+
273+inspection, upon request, to the child who is the subject of the 176
274+case record and to the child's caregiver, guardian ad litem, or 177
275+attorney ad litem, if one is appointed . 178
276+ (a) A complete and accurate copy of any record in a 179
277+child's case record must be provided, upon request and at no 180
278+cost, to the child who is the subject of the case record and to 181
279+the child's caregiver, guardian ad litem, or attorney ad litem, 182
280+if one is appointed. 183
281+ (b) The department shall release the information in a 184
282+manner and setting that are appropriate to the age and maturity 185
283+of the child and the nature of the information being re leased, 186
284+which may include the release of information in a therapeutic 187
285+setting, if appropriate. This paragraph does not deny the child 188
286+access to his or her records. 189
287+ (c) If a child or the child's caregiver, guardian ad 190
288+litem, or attorney ad litem, if one is appointed, requests 191
289+access to the child's case record, any person or entity that 192
290+fails to provide any record in the case record under assertion 193
291+of a claim of exemption from the public records requirements of 194
292+chapter 119, or fails to provide access within a reasonable 195
293+time, is subject to sanctions and penalties under s. 119.10. 196
294+ (d) For the purposes of this subsection, the term 197
295+"caregiver" is limited to parents, legal custodians, permanent 198
296+guardians, or foster parents; employees of a residential home, 199
297+institution, facility, or agency at which the child resides; and 200
298+
299+CS/CS/HB 875 2023
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306+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
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308+
309+
310+other individuals legally responsible for a child's welfare in a 201
311+residential setting. 202
312+ Section 3. Paragraph (a) of subsection (2) of section 203
313+39.00146, Florida Statutes, is amended to read: 204
314+ 39.00146 Case record face sheet. — 205
315+ (2) The case record of every child under the supervision 206
316+or in the custody of the department or the department's 207
317+authorized agents, including community -based care lead agencies 208
318+and their subcontracted providers, must include a face sheet 209
319+containing relevant information about the child and his or her 210
320+case, including at least all of the following: 211
321+ (a) General case information, including, but not limited 212
322+to, all of the following : 213
323+ 1. The child's name and date of birth .; 214
324+ 2. The current county of residence and the county of 215
325+residence at the time of the referral.; 216
326+ 3. The reason for the referral and any family safety 217
327+concerns.; 218
328+ 4. The personal identifying information of the parents or 219
329+legal custodians who had custody of the child at the time of the 220
330+referral, including name, date of birth, and co unty of 221
331+residence.; 222
332+ 5. The date of removal from the home .; and 223
333+ 6. The name and contact information of the attorney or 224
334+attorneys assigned to the case in all capacities, including the 225
335+
336+CS/CS/HB 875 2023
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343+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
344+
345+
346+
347+attorney or attorneys that represent the department and the 226
348+parents, and the guardian ad litem , if one has been appointed . 227
349+ Section 4. Paragraph (b) of subsection (2) of section 228
350+39.0016, Florida Statutes, is amended to read: 229
351+ 39.0016 Education of abused, neglected, and abandoned 230
352+children; agency agreements; children havi ng or suspected of 231
353+having a disability. — 232
354+ (2) AGENCY AGREEMENTS. — 233
355+ (b) The department shall enter into agreements with 234
356+district school boards or other local educational entities 235
357+regarding education and related services for children known to 236
358+the department who are of school age and children known to the 237
359+department who are younger than school age but who would 238
360+otherwise qualify for services from the district school board. 239
361+Such agreements must shall include, but are not limited to: 240
362+ 1. A requirement that th e department shall: 241
363+ a. Ensure that children known to the department are 242
364+enrolled in school or in the best educational setting that meets 243
365+the needs of the child. The agreement must shall provide for 244
366+continuing the enrollment of a child known to the depart ment at 245
367+the school of origin when possible if it is in the best interest 246
368+of the child, with the goal of minimal disruption of education. 247
369+ b. Notify the school and school district in which a child 248
370+known to the department is enrolled of the name and phone n umber 249
371+of the child known to the department caregiver and caseworker 250
372+
373+CS/CS/HB 875 2023
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380+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
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382+
383+
384+for child safety purposes. 251
385+ c. Establish a protocol for the department to share 252
386+information about a child known to the department with the 253
387+school district, consistent with the Family Educ ational Rights 254
388+and Privacy Act, since the sharing of information will assist 255
389+each agency in obtaining education and related services for the 256
390+benefit of the child. The protocol must require the district 257
391+school boards or other local educational entities to a ccess the 258
392+department's Florida Safe Families Network to obtain information 259
393+about children known to the department, consistent with the 260
394+Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 261
395+1232g. 262
396+ d. Notify the school district of the department' s case 263
397+planning for a child known to the department, both at the time 264
398+of plan development and plan review. Within the plan development 265
399+or review process, the school district may provide information 266
400+regarding the child known to the department if the school 267
401+district deems it desirable and appropriate. 268
402+ e. Show no prejudice against a caregiver who desires to 269
403+educate at home a child placed in his or her home through the 270
404+child welfare system. 271
405+ 2. A requirement that the district school board shall: 272
406+ a. Provide the department with a general listing of the 273
407+services and information available from the district school 274
408+board to facilitate educational access for a child known to the 275
409+
410+CS/CS/HB 875 2023
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417+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
418+
419+
420+
421+department. 276
422+ b. Identify all educational and other services provided by 277
423+the school and school district which the school district 278
424+believes are reasonably necessary to meet the educational needs 279
425+of a child known to the department. 280
426+ c. Determine whether transportation is available for a 281
427+child known to the department when such transportation will 282
428+avoid a change in school assignment due to a change in 283
429+residential placement. Recognizing that continued enrollment in 284
430+the same school throughout the time the child known to the 285
431+department is in out -of-home care is preferable unless 286
432+enrollment in the same school would be unsafe or otherwise 287
433+impractical, the department, the district school board, and the 288
434+Department of Education shall assess the availability of 289
435+federal, charitable, or grant funding for such transportation. 290
436+ d. Provide individualized stu dent intervention or an 291
437+individual educational plan when a determination has been made 292
438+through legally appropriate criteria that intervention services 293
439+are required. The intervention or individual educational plan 294
440+must include strategies to enable the child known to the 295
441+department to maximize the attainment of educational goals. 296
442+ 3. A requirement that the department and the district 297
443+school board shall cooperate in accessing the services and 298
444+supports needed for a child known to the department who has or 299
445+is suspected of having a disability to receive an appropriate 300
446+
447+CS/CS/HB 875 2023
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454+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
455+
456+
457+
458+education consistent with the Individuals with Disabilities 301
459+Education Act and state implementing laws, rules, and 302
460+assurances. Coordination of services for a child known to the 303
461+department who has or is suspected of having a disability may 304
462+include: 305
463+ a. Referral for screening. 306
464+ b. Sharing of evaluations between the school district and 307
465+the department where appropriate. 308
466+ c. Provision of education and related services appropriate 309
467+for the needs and abilities of the child known to the 310
468+department. 311
469+ d. Coordination of services and plans between the school 312
470+and the residential setting to avoid duplication or conflicting 313
471+service plans. 314
472+ e. Appointment of a surrogate parent, consistent with the 315
473+Individuals with Disabilities Education Act and pursuant to 316
474+subsection (3), for educational purposes for a child known to 317
475+the department who qualifies. 318
476+ f. For each child known to the department 14 years of age 319
477+and older, transition planning by the department and a ll 320
478+providers, including the department's independent living program 321
479+staff and the guardian ad litem of the child , to meet the 322
480+requirements of the local school district for educational 323
481+purposes. 324
482+ Section 5. Subsections (8) through (30) and (31) through 325
483+
484+CS/CS/HB 875 2023
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487+
488+CODING: Words stricken are deletions; words underlined are additions.
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491+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
492+
493+
494+
495+(87) of section 39.01, Florida Statutes, are renumbered as 326
496+subsections (9) through (31) and (34) through (90), 327
497+respectively, present subsections (9), (36), and (58) are 328
498+amended, and new subsections (8), (32), and (33) are added to 329
499+that section, to read: 330
500+ 39.01 Definitions.—When used in this chapter, unless the 331
501+context otherwise requires: 332
502+ (8) "Attorney ad litem" means an attorney appointed by the 333
503+court to represent a child in a dependency case who has an 334
504+attorney-client relationship with the child under th e rules 335
505+regulating The Florida Bar. 336
506+ (10)(9) "Caregiver" means the parent, legal custodian, 337
507+permanent guardian, adult household member, or other person 338
508+responsible for a child's welfare as defined in subsection 339
509+(57)(54). 340
510+ (32) "Guardian ad litem" means a person or entity that is 341
511+a fiduciary appointed by the court to represent a child in any 342
512+civil, criminal, or administrative proceeding to which the child 343
513+is a party, including, but not limited to, under this chapter, 344
514+which uses a best interest standard for decisionmaking and 345
515+advocacy. For purposes of this chapter, the term includes, but 346
516+is not limited to, the Statewide Guardian ad Litem Office, which 347
517+includes all circuit guardian ad litem offices and the duly 348
518+certified volunteers, staff, and attorneys assig ned by the 349
519+Statewide Guardian ad Litem Office to represent children; a 350
520+
521+CS/CS/HB 875 2023
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525+CODING: Words stricken are deletions; words underlined are additions.
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528+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
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530+
531+
532+court-appointed attorney; or a responsible adult who is 351
533+appointed by the court. A guardian ad litem is a party to the 352
534+judicial proceeding as a representative of the child and serves 353
535+until the jurisdiction of the court over the child terminates or 354
536+until excused by the court. 355
537+ (33) "Guardian advocate" means a person appointed by the 356
538+court to act on behalf of a drug -dependent newborn under part XI 357
539+of this chapter. 358
540+ (39)(36) "Institutional child abuse or neglect" means 359
541+situations of known or suspected child abuse or neglect in which 360
542+the person allegedly perpetrating the child abuse or neglect is 361
543+an employee of a public or private school, public or private day 362
544+care center, residential home, institution, facility, or agency 363
545+or any other person at such institution responsible for the 364
546+child's welfare as defined in subsection (57)(54). 365
547+ (61)(58) "Party" means the parent or parents of the child, 366
548+the petitioner, the department, the guardian ad lit em or the 367
549+representative of the guardian ad litem program when the program 368
550+has been appointed, and the child. The presence of the child may 369
551+be excused by order of the court when presence would not be in 370
552+the child's best interest. Notice to the child may be excused by 371
553+order of the court when the age, capacity, or other condition of 372
554+the child is such that the notice would be meaningless or 373
555+detrimental to the child. 374
556+ Section 6. Subsection (11) of section 39.013, Florida 375
557+
558+CS/CS/HB 875 2023
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560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
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565+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
566+
567+
568+
569+Statutes, is amended and subsection (13) is added to that 376
570+section, to read: 377
571+ 39.013 Procedures and jurisdiction; right to counsel ; 378
572+guardian ad litem and attorney ad litem .— 379
573+ (11) The court shall appoint a guardian ad litem at the 380
574+earliest possible time to represent a child throughout the 381
575+proceedings, including any appeals encourage the Statewide 382
576+Guardian Ad Litem Office to provide greater representation to 383
577+those children who are within 1 year of transferring out of 384
578+foster care. 385
579+ (13) The court may appoint an attorney ad litem for a 386
580+child if the court believes the child is in need of such 387
581+representation and determines that the child has a rational and 388
582+factual understanding of the proceedings and sufficient present 389
583+ability to consult with an attorney with a reasonable degree of 390
584+rational understanding. 391
585+ Section 7. Section 39.01305, Florida Statutes, is amended 392
586+to read: 393
587+ 39.01305 Appointment of an attorney ad litem for a 394
588+dependent child with certain special needs .— 395
589+ (1)(a) The Legislature finds that : 396
590+ 1. all children in proceedings under t his chapter have 397
591+important interests at stake, such as health, safety, and well -398
592+being and the need to obtain permanency. While such children are 399
593+represented by the Statewide Guardian ad Litem Office using a 400
594+
595+CS/CS/HB 875 2023
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602+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
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604+
605+
606+best interest standard of decisionmaking and advo cacy, some 401
607+children may also need representation by an attorney ad litem in 402
608+proceedings under this chapter. 403
609+ (2) The court may appoint an attorney ad litem for a child 404
610+if the court believes the child is in need of such 405
611+representation and determines that t he child has a rational and 406
612+factual understanding of the proceedings and sufficient present 407
613+ability to consult with an attorney with a reasonable degree of 408
614+rational understanding. 409
615+ 2. A dependent child who has certain special needs has a 410
616+particular need for an attorney to represent the dependent child 411
617+in proceedings under this chapter, as well as in fair hearings 412
618+and appellate proceedings, so that the attorney may address the 413
619+child's medical and related needs and the services and supports 414
620+necessary for the child to live successfully in the community. 415
621+ (b) The Legislature recognizes the existence of 416
622+organizations that provide attorney representation to children 417
623+in certain jurisdictions throughout the state. Further, the 418
624+statewide Guardian Ad Litem Program p rovides best interest 419
625+representation for dependent children in every jurisdiction in 420
626+accordance with state and federal law. The Legislature, 421
627+therefore, does not intend that funding provided for 422
628+representation under this section supplant proven and existing 423
629+organizations representing children. Instead, the Legislature 424
630+intends that funding provided for representation under this 425
631+
632+CS/CS/HB 875 2023
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639+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
640+
641+
642+
643+section be an additional resource for the representation of more 426
644+children in these jurisdictions, to the extent necessary to meet 427
645+the requirements of this chapter, with the cooperation of 428
646+existing local organizations or through the expansion of those 429
647+organizations. The Legislature encourages the expansion of pro 430
648+bono representation for children. This section is not intended 431
649+to limit the ability of a pro bono attorney to appear on behalf 432
650+of a child. 433
651+ (2) As used in this section, the term "dependent child" 434
652+means a child who is subject to any proceeding under this 435
653+chapter. The term does not require that a child be adjudicated 436
654+dependent for purposes of this section. 437
655+ (3) An attorney shall be appointed for a dependent child 438
656+who: 439
657+ (a) Resides in a skilled nursing facility or is being 440
658+considered for placement in a skilled nursing home; 441
659+ (b) Is prescribed a psychotropic medication but decline s 442
660+assent to the psychotropic medication; 443
661+ (c) Has a diagnosis of a developmental disability as 444
662+defined in s. 393.063; 445
663+ (d) Is being placed in a residential treatment center or 446
664+being considered for placement in a residential treatment 447
665+center; or 448
666+ (e) Is a victim of human trafficking as defined in s. 449
667+787.06(2)(d). 450
668+
669+CS/CS/HB 875 2023
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671+
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676+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
677+
678+
679+
680+ (3)(a)(4)(a) Before a court may appoint an attorney ad 451
681+litem, who may be compensated pursuant to this section, the 452
682+court must request a recommendation from the Statewide Guardian 453
683+ad Litem Office for an attorney who is willing to represent a 454
684+child without additional compensation. If such an attorney is 455
685+available within 15 days after the court's request, the court 456
686+must appoint that attorney. However, the court may appoint a 457
687+compensated attorney wi thin the 15-day period if the Statewide 458
688+Guardian ad Litem Office informs the court that the office is 459
689+unable it will not be able to recommend an attorney within that 460
690+time period. 461
691+ (b) A court order appointing After an attorney ad litem 462
692+under this section must be in writing. is appointed, the 463
693+appointment continues in effect until the attorney is allowed to 464
694+withdraw or is discharged by The court must discharge or until 465
695+the case is dismissed. an attorney ad litem who is appointed 466
696+under this section if the need for such representation is 467
697+resolved to represent the child shall provide the complete range 468
698+of legal services, from the removal from home or from the 469
699+initial appointment through all available appellate proceedings . 470
700+With the permission of the court, the a ttorney ad litem for the 471
701+dependent child may arrange for supplemental or separate counsel 472
702+to represent the child in appellate proceedings. A court order 473
703+appointing an attorney under this section must be in writing. 474
704+ (4)(5) Unless the attorney ad litem has agreed to provide 475
705+
706+CS/CS/HB 875 2023
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713+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
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715+
716+
717+pro bono services, an appointed attorney ad litem or 476
718+organization must be adequately compensated. All appointed 477
719+attorneys ad litem and organizations, including pro bono 478
720+attorneys, must be provided with access to funding for expert 479
721+witnesses, depositions, and other due process costs of 480
722+litigation. Payment of attorney fees and case -related due 481
723+process costs are subject to appropriations and review by the 482
724+Justice Administrative Commission for reasonableness. The 483
725+Justice Administrative Commis sion shall contract with attorneys 484
726+ad litem appointed by the court. Attorney fees may not exceed 485
727+$1,000 per child per year. 486
728+ (6) The department shall develop procedures to identify a 487
729+dependent child who has a special need specified under 488
730+subsection (3) and to request that a court appoint an attorney 489
731+for the child. 490
732+ (7) The department may adopt rules to administer this 491
733+section. 492
734+ (8) This section does not limit the authority of the court 493
735+to appoint an attorney for a dependent child in a proceeding 494
736+under this chapter. 495
737+ (5)(9) Implementation of this section is subject to 496
738+appropriations expressly made for that purpose. 497
739+ Section 8. The amendments made by this act to s. 39.01305, 498
740+Florida Statutes, apply only to attorney ad litem appointments 499
741+made on or after July 1, 2023. 500
742+
743+CS/CS/HB 875 2023
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750+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
751+
752+
753+
754+ Section 9. Subsection (3) of section 39.0132, Florida 501
755+Statutes, is amended to read: 502
756+ 39.0132 Oaths, records, and confidential information. — 503
757+ (3) The clerk shall keep all court records required by 504
758+this chapter separate from other reco rds of the circuit court. 505
759+All court records required by this chapter may shall not be open 506
760+to inspection by the public. All records may shall be inspected 507
761+only upon order of the court by persons deemed by the court to 508
762+have a proper interest therein, except that, subject to the 509
763+provisions of s. 63.162, a child, and the parents of the child 510
764+and their attorneys, the guardian ad litem, criminal conflict 511
765+and civil regional counsels, law enforcement agencies, and the 512
766+department and its designees , and the attorney ad litem, if one 513
767+is appointed, shall always have the right to inspect and copy 514
768+any official record pertaining to the child. The Justice 515
769+Administrative Commission may inspect court dockets required by 516
770+this chapter as necessary to audit compensation of cour t-517
771+appointed attorneys ad litem. If the docket is insufficient for 518
772+purposes of the audit, the commission may petition the court for 519
773+additional documentation as necessary and appropriate. The court 520
774+may permit authorized representatives of recognized 521
775+organizations compiling statistics for proper purposes to 522
776+inspect and make abstracts from official records, under whatever 523
777+conditions upon their use and disposition the court may deem 524
778+proper, and may punish by contempt proceedings any violation of 525
779+
780+CS/CS/HB 875 2023
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783+
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787+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
788+
789+
790+
791+those conditions. 526
792+ Section 10. Paragraph (a) of subsection (3) of section 527
793+39.0136, Florida Statutes, is amended to read: 528
794+ 39.0136 Time limitations; continuances. — 529
795+ (3) The time limitations in this chapter do not include: 530
796+ (a) Periods of delay resulting from a contin uance granted 531
797+at the request of the child's counsel , or the child's guardian 532
798+ad litem, or attorney ad litem, if one is appointed , if the 533
799+child is of sufficient capacity to express reasonable consent, 534
800+at the request or with the consent of the child . The court must 535
801+consider the best interests of the child when determining 536
802+periods of delay under this section. 537
803+ Section 11. Paragraphs (a) and (b) of subsection (4) of 538
804+section 39.0139, Florida Statutes, are amended to read: 539
805+ 39.0139 Visitation or other contact ; restrictions.— 540
806+ (4) HEARINGS.—A person who meets any of the criteria set 541
807+forth in paragraph (3)(a) who seeks to begin or resume contact 542
808+with the child victim shall have the right to an evidentiary 543
809+hearing to determine whether contact is appropriate. 544
810+ (a) Before Prior to the hearing, the court shall appoint 545
811+an attorney ad litem or a guardian ad litem for the child if one 546
812+has not already been appointed. The guardian ad litem and Any 547
813+attorney ad litem, if one is or guardian ad litem appointed, 548
814+must shall have special training in the dynamics of child sexual 549
815+abuse. 550
816+
817+CS/CS/HB 875 2023
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824+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
825+
826+
827+
828+ (b) At the hearing, the court may receive and rely upon 551
829+any relevant and material evidence submitted to the extent of 552
830+its probative value, including written and oral reports or 553
831+recommendations from the Child Protection Team, the child's 554
832+therapist, the child's guardian ad litem, or the child's 555
833+attorney ad litem, if one is appointed, even if these reports, 556
834+recommendations, and evidence may not be admissible under the 557
835+rules of evidence. 558
836+ Section 12. Paragraphs (d) and (t) of subsection (2) of 559
837+section 39.202, Florida Statutes, are amended to read: 560
838+ 39.202 Confidentiality of reports and records in cases of 561
839+child abuse or neglect; exception. — 562
840+ (2) Except as provided in subsection (4), access to suc h 563
841+records, excluding the name of, or other identifying information 564
842+with respect to, the reporter which may only shall be released 565
843+only as provided in subsection (5), may only shall be granted 566
844+only to the following persons, officials, and agencies: 567
845+ (d) The parent or legal custodian of any child who is 568
846+alleged to have been abused, abandoned, or neglected ; the child; 569
847+the guardian ad litem; the attorney ad litem, if one is 570
848+appointed; or, and the child, and their attorneys, including any 571
849+attorney representing a child in civil or criminal proceedings. 572
850+This access must shall be made available no later than 60 days 573
851+after the department receives the initial report of abuse, 574
852+neglect, or abandonment. However, any information otherwise made 575
853+
854+CS/CS/HB 875 2023
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858+CODING: Words stricken are deletions; words underlined are additions.
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861+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
862+
863+
864+
865+confidential or exempt by l aw may shall not be released pursuant 576
866+to this paragraph. 577
867+ (t) Persons with whom the department is seeking to place 578
868+the child or to whom placement has been granted, including 579
869+foster parents for whom an approved home study has been 580
870+conducted, the designee of a licensed child -caring agency as 581
871+defined in s. 39.01 s. 39.01(41), an approved relative or 582
872+nonrelative with whom a child is placed pursuant to s. 39.402, 583
873+preadoptive parents for whom a favorable preliminary adoptive 584
874+home study has been conducted, adoptive parents, or an adoption 585
875+entity acting on behalf of prea doptive or adoptive parents. 586
876+ Section 13. Paragraphs (b) and (c) of subsection (11) and 587
877+paragraph (a) of subsection (14) of section 39.402, Florida 588
878+Statutes, are amended to read: 589
879+ 39.402 Placement in a shelter. — 590
880+ (11) 591
881+ (b) The court shall request that the parents consent to 592
882+provide access to the child's medical records and provide 593
883+information to the court, the department or its contract 594
884+agencies, and the any guardian ad litem and or attorney ad 595
885+litem, if one is appointe d, for the child. If a parent is 596
886+unavailable or unable to consent or withholds consent and the 597
887+court determines access to the records and information is 598
888+necessary to provide services to the child, the court shall 599
889+issue an order granting access. The court m ay also order the 600
890+
891+CS/CS/HB 875 2023
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898+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
899+
900+
901+
902+parents to provide all known medical information to the 601
903+department and to any others granted access under this 602
904+subsection. 603
905+ (c) The court shall request that the parents consent to 604
906+provide access to the child's child care records, early 605
907+education program records, or other educational records and 606
908+provide information to the court, the department or its contract 607
909+agencies, and the any guardian ad litem and or attorney ad 608
910+litem, if one is appointed, for the child. If a parent is 609
911+unavailable or unable to consent or withholds consent and the 610
912+court determines access to the records and information is 611
913+necessary to provide services to the child, the court shall 612
914+issue an order granting access. 613
915+ (14) The time limitations in this section do not include: 614
916+ (a) Periods of delay resulting from a continuance granted 615
917+at the request or with the consent of the child's counsel or the 616
918+child's guardian ad litem or attorney ad litem , if one is has 617
919+been appointed by the court , or, if the child is of sufficient 618
920+capacity to express reasonable consent, at the request or with 619
921+the consent of the child's attorney or the child's guardian ad 620
922+litem, if one has been appointed by the court, and the child . 621
923+ Section 14. Paragraphs (a) and (b) of subsection (4) of 622
924+section 39.4022, Florida Statutes, are amended to read: 623
925+ 39.4022 Multidisciplinary teams; staffings; assessments; 624
926+report.— 625
927+
928+CS/CS/HB 875 2023
929+
930+
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935+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
936+
937+
938+
939+ (4) PARTICIPANTS.— 626
940+ (a) Collaboration among diverse individuals who are part 627
941+of the child's network is necessary to make the most informed 628
942+decisions possible for the child. A diverse team is preferable 629
943+to ensure that the necessary combination of technical skills, 630
944+cultural knowledge, community resources, and personal 631
945+relationships is developed and maintained for the child and 632
946+family. The particip ants necessary to achieve an appropriately 633
947+diverse team for a child may vary by child and may include 634
948+extended family, friends, neighbors, coaches, clergy, coworkers, 635
949+or others the family identifies as potential sources of support. 636
950+ 1. Each multidisciplin ary team staffing must invite the 637
951+following members: 638
952+ a. The child, unless he or she is not of an age or 639
953+capacity to participate in the team , and the child's guardian ad 640
954+litem; 641
955+ b. The child's family members and other individuals 642
956+identified by the family as being important to the child, 643
957+provided that a parent who has a no contact order or injunction, 644
958+is alleged to have sexually abused the child, or is subject to a 645
959+termination of parental rights may not participate; 646
960+ c. The current caregiver, provided the caregiver is not a 647
961+parent who meets the criteria of one of the exceptions under 648
962+sub-subparagraph b.; 649
963+ d. A representative from the department other than the 650
964+
965+CS/CS/HB 875 2023
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972+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
973+
974+
975+
976+Children's Legal Services attorney, when the department is 651
977+directly involved in the goal identifi ed by the staffing; 652
978+ e. A representative from the community -based care lead 653
979+agency, when the lead agency is directly involved in the goal 654
980+identified by the staffing; 655
981+ f. The case manager for the child, or his or her case 656
982+manager supervisor; and 657
983+ g. A representative from the Department of Juvenile 658
984+Justice, if the child is dually involved with both the 659
985+department and the Department of Juvenile Justice. 660
986+ 2. The multidisciplinary team must make reasonable efforts 661
987+to have all mandatory invitees attend. Howev er, the 662
988+multidisciplinary team staffing may not be delayed if the 663
989+invitees in subparagraph 1. fail to attend after being provided 664
990+reasonable opportunities. 665
991+ (b) Based on the particular goal the multidisciplinary 666
992+team staffing identifies as the purpose of convening the 667
993+staffing as provided under subsection (5), the department or 668
994+lead agency may also invite to the meeting other professionals, 669
995+including, but not limited to: 670
996+ 1. A representative from Children's Medical Services; 671
997+ 2. A guardian ad litem, if o ne is appointed; 672
998+ 2.3. A school personnel representative who has direct 673
999+contact with the child; 674
1000+ 3.4. A therapist or other behavioral health professional, 675
1001+
1002+CS/CS/HB 875 2023
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1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
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1009+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
1010+
1011+
1012+
1013+if applicable; 676
1014+ 4.5. A mental health professional with expertise in 677
1015+sibling bonding, if the depart ment or lead agency deems such 678
1016+expert is necessary; or 679
1017+ 5.6. Other community providers of services to the child or 680
1018+stakeholders, when applicable. 681
1019+ Section 15. Paragraph (d) of subsection (3) and paragraph 682
1020+(c) of subsection (4) of section 39.4023, Flori da Statutes, are 683
1021+amended to read: 684
1022+ 39.4023 Placement and education transitions; transition 685
1023+plans.— 686
1024+ (3) PLACEMENT TRANSITIONS. — 687
1025+ (d) Transition planning. — 688
1026+ 1. If the supportive services provided pursuant to 689
1027+paragraph (c) have not been successful to mak e the maintenance 690
1028+of the placement suitable or if there are other circumstances 691
1029+that require the child to be moved, the department or the 692
1030+community-based care lead agency must convene a 693
1031+multidisciplinary team staffing as required under s. 39.4022 694
1032+before the child's placement is changed, or within 72 hours of 695
1033+moving the child in an emergency situation, for the purpose of 696
1034+developing an appropriate transition plan. 697
1035+ 2. A placement change may occur immediately in an 698
1036+emergency situation without convening a multidisciplinary team 699
1037+staffing. However, a multidisciplinary team staffing must be 700
1038+
1039+CS/CS/HB 875 2023
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1041+
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1046+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
1047+
1048+
1049+
1050+held within 72 hours after the emergency situation arises. 701
1051+ 3. The department or the community-based care lead agency 702
1052+must provide written notice of the planned move at least 14 days 703
1053+before the move or within 72 hours after an emergency situation, 704
1054+to the greatest extent possible and consistent with the child's 705
1055+needs and preferences. T he notice must include the reason a 706
1056+placement change is necessary. A copy of the notice must be 707
1057+filed with the court and be provided to all of the following : 708
1058+ a. The child, unless he or she, due to age or capacity, is 709
1059+unable to comprehend the written noti ce, which will necessitate 710
1060+the department or lead agency to provide notice in an age -711
1061+appropriate and capacity -appropriate alternative manner .; 712
1062+ b. The child's parents, unless prohibited by court order .; 713
1063+ c. The child's out-of-home caregiver.; 714
1064+ d. The guardian ad litem., if one is appointed; 715
1065+ e. The attorney ad litem for the child, if one is 716
1066+appointed.; and 717
1067+ f. The attorney for the department. 718
1068+ 4. The transition plan must be developed through 719
1069+cooperation among the persons included in subparagraph 3., a nd 720
1070+such persons must share any relevant information necessary for 721
1071+its development. Subject to the child's needs and preferences, 722
1072+the transition plan must meet the requirements of s. 723
1073+409.1415(2)(b)8. and exclude any placement changes that occur 724
1074+between 7 p.m. and 8 a.m. 725
1075+
1076+CS/CS/HB 875 2023
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1083+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
1084+
1085+
1086+
1087+ 5. The department or the community -based care lead agency 726
1088+shall file the transition plan with the court within 48 hours 727
1089+after the creation of such plan and provide a copy of the plan 728
1090+to the persons included in subparagraph 3. 729
1091+ (4) EDUCATION TRANSITIONS.— 730
1092+ (c) Minimizing school changes. — 731
1093+ 1. Every effort must be made to keep a child in the school 732
1094+of origin if it is in the child's best interest. Any placement 733
1095+decision must include thoughtful consideration of which school a 734
1096+child will attend if a school change is necessary. 735
1097+ 2. Members of a multidisciplinary team staffing convened 736
1098+for a purpose other than a school change must determine the 737
1099+child's best interest regarding remaining in the school or 738
1100+program of origin if the child's educational options are 739
1101+affected by any other decision being made by the 740
1102+multidisciplinary team. 741
1103+ 3. The determination of whether it is in the child's best 742
1104+interest to remain in the school of origin, and if not, of which 743
1105+school the child will attend in the future, m ust be made in 744
1106+consultation with the following individuals, including, but not 745
1107+limited to, the child; the parents; the caregiver; the child 746
1108+welfare professional; the guardian ad litem , if appointed; the 747
1109+educational surrogate, if appointed; child care and e ducational 748
1110+staff, including teachers and guidance counselors; and the 749
1111+school district representative or foster care liaison. A 750
1112+
1113+CS/CS/HB 875 2023
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1120+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
1121+
1122+
1123+
1124+multidisciplinary team member may contact any of these 751
1125+individuals in advance of a multidisciplinary team staffing to 752
1126+obtain his or her recommendation. An individual may remotely 753
1127+attend the multidisciplinary team staffing if one of the 754
1128+identified goals is related to determining an educational 755
1129+placement. The multidisciplinary team may rely on a report from 756
1130+the child's current school or program district and, if 757
1131+applicable, any other school district being considered for the 758
1132+educational placement if the required school personnel are not 759
1133+available to attend the multidisciplinary team staffing in 760
1134+person or remotely. 761
1135+ 4. The multidisciplin ary team and the individuals listed 762
1136+in subparagraph 3. must consider, at a minimum, all of the 763
1137+following factors when determining whether remaining in the 764
1138+school or program of origin is in the child's best interest or, 765
1139+if not, when selecting a new school o r program: 766
1140+ a. The child's desire to remain in the school or program 767
1141+of origin. 768
1142+ b. The preference of the child's parents or legal 769
1143+guardians. 770
1144+ c. Whether the child has siblings, close friends, or 771
1145+mentors at the school or program of origin. 772
1146+ d. The child's cultural and community connections in the 773
1147+school or program of origin. 774
1148+ e. Whether the child is suspected of having a disability 775
1149+
1150+CS/CS/HB 875 2023
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1157+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
1158+
1159+
1160+
1161+under the Individuals with Disabilities Education Act (IDEA) or 776
1162+s. 504 of the Rehabilitation Act of 1973, or has begun rec eiving 777
1163+interventions under this state's multitiered system of supports. 778
1164+ f. Whether the child has an evaluation pending for special 779
1165+education and related services under IDEA or s. 504 of the 780
1166+Rehabilitation Act of 1973. 781
1167+ g. Whether the child is a student with a disability under 782
1168+IDEA who is receiving special education and related services or 783
1169+a student with a disability under s. 504 of the Rehabilitation 784
1170+Act of 1973 who is receiving accommodations and services and, if 785
1171+so, whether those required services are available in a school or 786
1172+program other than the school or program of origin. 787
1173+ h. Whether the child is an English Language Learner 788
1174+student and is receiving language services and, if so, whether 789
1175+those required services are available in a school or program 790
1176+other than the school or program of origin. 791
1177+ i. The impact a change to the school or program of origin 792
1178+would have on academic credits and progress toward promotion. 793
1179+ j. The availability of extracurricular activities 794
1180+important to the child. 795
1181+ k. The child's known individualized educational plan or 796
1182+other medical and behavioral health needs and whether such plan 797
1183+or needs are able to be met at a school or program other than 798
1184+the school or program of origin. 799
1185+ l. The child's permanency goal and timeframe for ach ieving 800
1186+
1187+CS/CS/HB 875 2023
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1189+
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1194+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
1195+
1196+
1197+
1198+permanency. 801
1199+ m. The child's history of school transfers and how such 802
1200+transfers have impacted the child academically, emotionally, and 803
1201+behaviorally. 804
1202+ n. The length of the commute to the school or program from 805
1203+the child's home or placement and how such commute would impact 806
1204+the child. 807
1205+ o. The length of time the child has attended the school or 808
1206+program of origin. 809
1207+ 5. The cost of transportation cannot be a factor in making 810
1208+a best interest determination. 811
1209+ Section 16. Paragraph (f) of subsection (3) of section 812
1210+39.407, Florida Statutes, is amended to read: 813
1211+ 39.407 Medical, psychiatric, and psychological examination 814
1212+and treatment of child; physical, mental, or substance abuse 815
1213+examination of person with or requesting child custody. — 816
1214+ (3) 817
1215+ (f)1. The department shall fully inform the court of the 818
1216+child's medical and behavioral status as part of the social 819
1217+services report prepared for each judicial review hearing held 820
1218+for a child for whom psychotropic medication has been prescribed 821
1219+or provided under this subsection. As a part of the information 822
1220+provided to the court, the department shall furnish copies of 823
1221+all pertinent medical records concerning the child which have 824
1222+been generated since the previous hearing. On its own motion or 825
1223+
1224+CS/CS/HB 875 2023
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1226+
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1231+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
1232+
1233+
1234+
1235+on good cause shown by any party, including the any guardian ad 826
1236+litem, attorney, or attorney ad litem , if one is who has been 827
1237+appointed to represent the child or the child's interests , the 828
1238+court may review the status more frequently than required in 829
1239+this subsection. 830
1240+ 2. The court may, in the best interests of the child, 831
1241+order the department to obtain a medical opinion addressing 832
1242+whether the continued use of the medication under the 833
1243+circumstances is safe and medically appropriate. 834
1244+ Section 17. Paragraphs (m), (t), and (u) of subs ection (1) 835
1245+of section 39.4085, Florida Statutes, are amended to read: 836
1246+ 39.4085 Goals for dependent children; responsibilities; 837
1247+education.— 838
1248+ (1) The Legislature finds that the design and delivery of 839
1249+child welfare services should be directed by the princip le that 840
1250+the health and safety of children, including the freedom from 841
1251+abuse, abandonment, or neglect, is of paramount concern and, 842
1252+therefore, establishes the following goals for children in 843
1253+shelter or foster care: 844
1254+ (m) To receive meaningful case managemen t and planning 845
1255+that will quickly return the child to his or her family or move 846
1256+the child on to other forms of permanency. For a child who is 847
1257+transitioning from foster care to independent living, permanency 848
1258+includes establishing naturally occurring, lifelon g, kin-like 849
1259+connections between the child and a supportive adult. 850
1260+
1261+CS/CS/HB 875 2023
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1268+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
1269+
1270+
1271+
1272+ (t) To have a guardian ad litem appointed to represent, 851
1273+within reason, their best interests and, if appropriate, an 852
1274+attorney ad litem appointed to represent their legal interests ; 853
1275+the guardian ad litem and attorney ad litem , if one is 854
1276+appointed, shall have immediate and unlimited access to the 855
1277+children they represent. 856
1278+ (u) To have all their records available for review by 857
1279+their guardian ad litem and attorney ad litem , if one is 858
1280+appointed, if they deem such review necessary. 859
1281+ 860
1282+This subsection establishes goals and not rights. This 861
1283+subsection does not require the delivery of any particular 862
1284+service or level of service in excess of existing 863
1285+appropriations. A person does not have a cause of actio n against 864
1286+the state or any of its subdivisions, agencies, contractors, 865
1287+subcontractors, or agents, based upon the adoption of or failure 866
1288+to provide adequate funding for the achievement of these goals 867
1289+by the Legislature. This subsection does not require the 868
1290+expenditure of funds to meet the goals established in this 869
1291+subsection except those funds specifically appropriated for such 870
1292+purpose. 871
1293+ Section 18. Paragraph (c) of subsection (3) of section 872
1294+39.522, Florida Statutes, is amended to read: 873
1295+ 39.522 Postdisposition change of custody. — 874
1296+ (3) 875
1297+
1298+CS/CS/HB 875 2023
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1305+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
1306+
1307+
1308+
1309+ (c)1. The department or community -based care lead agency 876
1310+must notify a current caregiver who has been in the physical 877
1311+custody placement for at least 9 consecutive months and who 878
1312+meets all the established criteria in paragr aph (b) of an intent 879
1313+to change the physical custody of the child, and a 880
1314+multidisciplinary team staffing must be held in accordance with 881
1315+ss. 39.4022 and 39.4023 at least 21 days before the intended 882
1316+date for the child's change in physical custody, unless the re is 883
1317+an emergency situation as defined in s. 39.4022(2)(b). If there 884
1318+is not a unanimous consensus decision reached by the 885
1319+multidisciplinary team, the department's official position must 886
1320+be provided to the parties within the designated time period as 887
1321+provided for in s. 39.4022. 888
1322+ 2. A caregiver who objects to the department's official 889
1323+position on the change in physical custody must notify the court 890
1324+and the department or community -based care lead agency of his or 891
1325+her objection and the intent to request an ev identiary hearing 892
1326+in writing in accordance with this section within 5 days after 893
1327+receiving notice of the department's official position provided 894
1328+under subparagraph 1. The transition of the child to the new 895
1329+caregiver may not begin before the expiration of t he 5-day 896
1330+period within which the current caregiver may object. 897
1331+ 3. Upon the department or community -based care lead agency 898
1332+receiving written notice of the caregiver's objection, the 899
1333+change to the child's physical custody must be placed in 900
1334+
1335+CS/CS/HB 875 2023
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1342+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
1343+
1344+
1345+
1346+abeyance and the child may not be transitioned to a new physical 901
1347+placement without a court order, unless there is an emergency 902
1348+situation as defined in s. 39.4022(2)(b). 903
1349+ 4. Within 7 days after receiving written notice from the 904
1350+caregiver, the court must conduct an initial case status 905
1351+hearing, at which time the court must do all of the following : 906
1352+ a. Grant party status to the current caregiver who is 907
1353+seeking permanent custody and has maintained physical custody of 908
1354+that child for at least 9 continuous months for the limited 909
1355+purpose of filing a motion for a hearing on the objection and 910
1356+presenting evidence pursuant to this subsection .; 911
1357+ b. Appoint an attorney for the child who is the subject of 912
1358+the permanent custody proceeding, in addition to the guardian ad 913
1359+litem, if one is appointed; 914
1360+ b.c. Advise the caregiver of his or her right to retain 915
1361+counsel for purposes of the evidentiary hearing .; and 916
1362+ c.d. Appoint a court-selected neutral and independent 917
1363+licensed professional with expertise in the science and research 918
1364+of child-parent bonding. 919
1365+ Section 19. Paragraph (c) of subsection (1) and paragraph 920
1366+(c) of subsection (3) of section 39.6012, Florida Statutes, are 921
1367+amended to read: 922
1368+ 39.6012 Case plan tasks; services. — 923
1369+ (1) The services to be provided to the parent and the 924
1370+tasks that must be completed are subject to the following: 925
1371+
1372+CS/CS/HB 875 2023
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1379+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
1380+
1381+
1382+
1383+ (c) If there is evidence of harm as defined in s. 926
1384+39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 927
1385+required task for the parent whose actions caused the harm that 928
1386+the parent submit to a su bstance abuse disorder assessment or 929
1387+evaluation and participate and comply with treatment and 930
1388+services identified in the assessment or evaluation as being 931
1389+necessary. 932
1390+ (3) In addition to any other requirement, if the child is 933
1391+in an out-of-home placement, the case plan must include: 934
1392+ (c) When appropriate, for a child who is 13 years of age 935
1393+or older, a written description of the programs and services 936
1394+that will help the child prepare for the transition from foster 937
1395+care to independent living. The written description must include 938
1396+age-appropriate activities for the child's development of 939
1397+relationships, coping skills, and emotional well -being. 940
1398+ Section 20. Section 39.6036, Florida Statutes, is created 941
1399+to read: 942
1400+ 39.6036 Supportive adults for children transition ing out 943
1401+of foster care.— 944
1402+ (1) The Legislature finds that a committed, caring adult 945
1403+provides a lifeline for a child transitioning out of foster care 946
1404+to live independently. Accordingly, it is the intent of the 947
1405+Legislature that the Statewide Guardian ad Lite m Office help 948
1406+children connect with supportive adults with the hope of 949
1407+creating an ongoing relationship that lasts into adulthood. 950
1408+
1409+CS/CS/HB 875 2023
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1416+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
1417+
1418+
1419+
1420+ (2) The Statewide Guardian ad Litem Office shall work with 951
1421+a child who is transitioning out of foster care to identify at 952
1422+least one supportive adult with whom the child can enter into a 953
1423+formal agreement for an ongoing relationship and document such 954
1424+agreement in the child's court file. If the child cannot 955
1425+identify a supportive adult, the Statewide Guardian ad Litem 956
1426+Office shall work in coordination with the Office of Continuing 957
1427+Care to identify at least one supportive adult with whom the 958
1428+child can enter into a formal agreement for an ongoing 959
1429+relationship and document such agreement in the child's court 960
1430+file. 961
1431+ Section 21. Paragraph (c) of subsection (10) of section 962
1432+39.621, Florida Statutes, is amended to read: 963
1433+ 39.621 Permanency determination by the court. — 964
1434+ (10) The permanency placement is intended to continue 965
1435+until the child reaches the age of majority and may not be 966
1436+disturbed absent a finding by the court that the circumstances 967
1437+of the permanency placement are no longer in the best interest 968
1438+of the child. 969
1439+ (c) The court shall base its decision concerning any 970
1440+motion by a parent for reunification or increased contact with a 971
1441+child on the effect of the decision on the safety, well -being, 972
1442+and physical and emotional health of the child. Factors that 973
1443+must be considered and addressed in the findings of fact of the 974
1444+order on the motion must include: 975
1445+
1446+CS/CS/HB 875 2023
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1448+
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1453+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
1454+
1455+
1456+
1457+ 1. The compliance or noncompliance of the parent with the 976
1458+case plan; 977
1459+ 2. The circumstances which caused the child's dependency 978
1460+and whether those circumstances have been resolved; 979
1461+ 3. The stability and longevity of the child's placement; 980
1462+ 4. The preferences of the child, if the child is of 981
1463+sufficient age and understanding to express a preference; 982
1464+ 5. The recommendation of the current custodian; and 983
1465+ 6. Any The recommendation of the guardian ad litem , if one 984
1466+has been appointed. 985
1467+ Section 22. Subsection (2) of section 39.6241, Florida 986
1468+Statutes, is amended to read: 987
1469+ 39.6241 Another planned permanent living arrangement. — 988
1470+ (2) The department and the guardian ad litem must provide 989
1471+the court with a recommended list and description of services 990
1472+needed by the child, such as independent living services and 991
1473+medical, dental, educational, or psychological referrals, and a 992
1474+recommended list and description of services needed by his or 993
1475+her caregiver. The guardian ad litem must also advise the court 994
1476+whether the child has been connected with a supportiv e adult 995
1477+and, if the child has been connected with a supportive adult, 996
1478+whether the child has entered into a formal agreement with the 997
1479+adult. If the child has entered into a formal agreement pursuant 998
1480+to s. 39.6036, the guardian ad litem must ensure that the 999
1481+agreement is documented in the child's court file. 1000
1482+
1483+CS/CS/HB 875 2023
1484+
1485+
1486+
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1490+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
1491+
1492+
1493+
1494+ Section 23. Paragraphs (b) and (f) of subsection (1), 1001
1495+paragraph (c) of subsection (2), subsection (3), and paragraph 1002
1496+(e) of subsection (4) of section 39.701, Florida Statutes, are 1003
1497+amended to read: 1004
1498+ 39.701 Judicial review. — 1005
1499+ (1) GENERAL PROVISIONS. — 1006
1500+ (b)1. The court shall retain jurisdiction over a child 1007
1501+returned to his or her parents for a minimum period of 6 months 1008
1502+after following the reunification, but, at that time, based on a 1009
1503+report of the social service agency and the guardian ad litem , 1010
1504+if one has been appointed, and any other relevant factors, the 1011
1505+court shall make a determination as to whether supervision by 1012
1506+the department and the court's jurisdiction shall continue or be 1013
1507+terminated. 1014
1508+ 2. Notwithstanding subparagraph 1., the court must retain 1015
1509+jurisdiction over a child if the child is placed in the home 1016
1510+with a parent or caregiver with an in -home safety plan and such 1017
1511+safety plan remains necessary for the child to reside safely in 1018
1512+the home. 1019
1513+ (f) Notice of a judicial review hearing or a citizen 1020
1514+review panel hearing, and a copy of the motion for judicial 1021
1515+review, if any, must be served by the clerk of the court upon 1022
1516+all of the following persons, if available to be served, 1023
1517+regardless of whether the pers on was present at the previous 1024
1518+hearing at which the date, time, and location of the hearing was 1025
1519+
1520+CS/CS/HB 875 2023
1521+
1522+
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1527+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
1528+
1529+
1530+
1531+announced: 1026
1532+ 1. The social service agency charged with the supervision 1027
1533+of care, custody, or guardianship of the child, if that agency 1028
1534+is not the movant. 1029
1535+ 2. The foster parent or legal custodian in whose home the 1030
1536+child resides. 1031
1537+ 3. The parents. 1032
1538+ 4. The guardian ad litem for the child , or the 1033
1539+representative of the guardian ad litem program if the program 1034
1540+has been appointed. 1035
1541+ 5. The attorney ad litem for the child, if one is 1036
1542+appointed. 1037
1543+ 6. The child, if the child is 13 years of age or older. 1038
1544+ 7. Any preadoptive parent. 1039
1545+ 8. Such other persons as the court may direct. 1040
1546+ (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1041
1547+AGE.— 1042
1548+ (c) Review determinations.—The court and any citizen 1043
1549+review panel shall take into consideration the information 1044
1550+contained in the social services study and investigation and all 1045
1551+medical, psychological, and educational records that support the 1046
1552+terms of the case plan; testi mony by the social services agency, 1047
1553+the parent, the foster parent or caregiver, the guardian ad 1048
1554+litem, the or surrogate parent for educational decisionmaking if 1049
1555+one has been appointed for the child, and any other person 1050
1556+
1557+CS/CS/HB 875 2023
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1559+
1560+
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1564+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
1565+
1566+
1567+
1568+deemed appropriate; and any relevant and material evidence 1051
1569+submitted to the court, including written and oral reports to 1052
1570+the extent of their probative value. These reports and evidence 1053
1571+may be received by the court in its effort to determine the 1054
1572+action to be taken with regard to the child and may be relied 1055
1573+upon to the extent of their probative value, even though not 1056
1574+competent in an adjudicatory hearing. In its deliberations, the 1057
1575+court and any citizen review panel shall seek to determine: 1058
1576+ 1. If the parent was advised of the right to receive 1059
1577+assistance from any person or social service agency in the 1060
1578+preparation of the case plan. 1061
1579+ 2. If the parent has been advised of the right to have 1062
1580+counsel present at the judicial review or citizen review 1063
1581+hearings. If not so advised, the court or citizen revi ew panel 1064
1582+shall advise the parent of such right. 1065
1583+ 3. If a guardian ad litem needs to be appointed for the 1066
1584+child in a case in which a guardian ad litem has not previously 1067
1585+been appointed or if there is a need to continue a guardian ad 1068
1586+litem in a case in whic h a guardian ad litem has been appointed . 1069
1587+ 4. Who holds the rights to make educational decisions for 1070
1588+the child. If appropriate, the court may refer the child to the 1071
1589+district school superintendent for appointment of a surrogate 1072
1590+parent or may itself appoint a surrogate parent under the 1073
1591+Individuals with Disabilities Education Act and s. 39.0016. 1074
1592+ 5. The compliance or lack of compliance of all parties 1075
1593+
1594+CS/CS/HB 875 2023
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1596+
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1601+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
1602+
1603+
1604+
1605+with applicable items of the case plan, including the parents' 1076
1606+compliance with child support orders. 1077
1607+ 6. The compliance or lack of compliance with a visitation 1078
1608+contract between the parent and the social service agency for 1079
1609+contact with the child, including the frequency, duration, and 1080
1610+results of the parent -child visitation and the reason for any 1081
1611+noncompliance. 1082
1612+ 7. The frequency, kind, and duration of contacts among 1083
1613+siblings who have been separated during placement, as well as 1084
1614+any efforts undertaken to reunite separated siblings if doing so 1085
1615+is in the best interests of the child. 1086
1616+ 8. The compliance or lack of comp liance of the parent in 1087
1617+meeting specified financial obligations pertaining to the care 1088
1618+of the child, including the reason for failure to comply, if 1089
1619+applicable. 1090
1620+ 9. Whether the child is receiving safe and proper care 1091
1621+according to s. 39.6012, including, but not limited to, the 1092
1622+appropriateness of the child's current placement, including 1093
1623+whether the child is in a setting that is as family -like and as 1094
1624+close to the parent's home as possible, consistent with the 1095
1625+child's best interests and special needs, and inclu ding 1096
1626+maintaining stability in the child's educational placement, as 1097
1627+documented by assurances from the community -based care lead 1098
1628+agency that: 1099
1629+ a. The placement of the child takes into account the 1100
1630+
1631+CS/CS/HB 875 2023
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1638+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
1639+
1640+
1641+
1642+appropriateness of the current educational setting and the 1101
1643+proximity to the school in which the child is enrolled at the 1102
1644+time of placement. 1103
1645+ b. The community-based care lead agency has coordinated 1104
1646+with appropriate local educational agencies to ensure that the 1105
1647+child remains in the school in which the child is enrol led at 1106
1648+the time of placement. 1107
1649+ 10. A projected date likely for the child's return home or 1108
1650+other permanent placement. 1109
1651+ 11. When appropriate, the basis for the unwillingness or 1110
1652+inability of the parent to become a party to a case plan. The 1111
1653+court and the citizen review panel shall determine if the 1112
1654+efforts of the social service agency to secure party 1113
1655+participation in a case plan were sufficient. 1114
1656+ 12. For a child who has reached 13 years of age but is not 1115
1657+yet 18 years of age, the adequacy of the child's prepar ation for 1116
1658+adulthood and independent living. For a child who is 15 years of 1117
1659+age or older, the court shall determine if appropriate steps are 1118
1660+being taken for the child to obtain a driver license or 1119
1661+learner's driver license. 1120
1662+ 13. If amendments to the case pl an are required. 1121
1663+Amendments to the case plan must be made under s. 39.6013. 1122
1664+ 14. If the parents and caregivers have developed a 1123
1665+productive relationship that includes meaningful communication 1124
1666+and mutual support. 1125
1667+
1668+CS/CS/HB 875 2023
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1670+
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1675+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
1676+
1677+
1678+
1679+ (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—1126
1680+At each review hearing held under this subsection, the court 1127
1681+shall give the child and the guardian ad litem the opportunity 1128
1682+to address the court and provide any information relevant to the 1129
1683+child's best interest, particularly in relation to i ndependent 1130
1684+living transition services. The foster parent or, legal 1131
1685+custodian, or guardian ad litem may also provide any information 1132
1686+relevant to the child's best interest to the court. In addition 1133
1687+to the review and report required under paragraphs (1)(a) and 1134
1688+(2)(a), respectively, and the review and report required under 1135
1689+s. 39.822(2)(a)2., the court shall: 1136
1690+ (a) Inquire about the life skills the child has acquired 1137
1691+and whether those services are age appropriate, at the first 1138
1692+judicial review hearing held subsequent to the child's 16th 1139
1693+birthday. At the judicial review hearing, the department shall 1140
1694+provide the court with a report that includes specific 1141
1695+information related to the life skills that the child has 1142
1696+acquired since the child's 13th birthday or since the date the 1143
1697+child came into foster care, whichever came later. For any child 1144
1698+who may meet the requirem ents for appointment of a guardian 1145
1699+advocate under s. 393.12 or a guardian under chapter 744, the 1146
1700+updated case plan must be developed in a face -to-face conference 1147
1701+with the child, if appropriate; the child's attorney ad litem, 1148
1702+if one is appointed; the child's any court-appointed guardian ad 1149
1703+litem; the temporary custodian of the child; and the parent of 1150
1704+
1705+CS/CS/HB 875 2023
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1713+
1714+
1715+
1716+the child, if the parent's rights have not been terminated. 1151
1717+ (b) The court shall hold a judicial review hearing within 1152
1718+90 days after a child's 17th birthday. The court shall issue an 1153
1719+order, separate from the order on judicial review, that the 1154
1720+disability of nonage of the child has been removed under ss. 1155
1721+743.044-743.047 for any disability that the court finds is in 1156
1722+the child's best interest to remove. The departm ent shall 1157
1723+include in the social study report for the first judicial review 1158
1724+that occurs after the child's 17th birthday written verification 1159
1725+that the child has: 1160
1726+ 1. A current Medicaid card and all necessary information 1161
1727+concerning the Medicaid program suffi cient to prepare the child 1162
1728+to apply for coverage upon reaching the age of 18, if such 1163
1729+application is appropriate. 1164
1730+ 2. A certified copy of the child's birth certificate and, 1165
1731+if the child does not have a valid driver license, a Florida 1166
1732+identification card i ssued under s. 322.051. 1167
1733+ 3. A social security card and information relating to 1168
1734+social security insurance benefits if the child is eligible for 1169
1735+those benefits. If the child has received such benefits and they 1170
1736+are being held in trust for the child, a full accounting of 1171
1737+these funds must be provided and the child must be informed as 1172
1738+to how to access those funds. 1173
1739+ 4. All relevant information related to the Road -to-1174
1740+Independence Program under s. 409.1451, including, but not 1175
1741+
1742+CS/CS/HB 875 2023
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1744+
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1749+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
1750+
1751+
1752+
1753+limited to, eligibility requirements, information on 1176
1754+participation, and assistance in gaining admission to the 1177
1755+program. If the child is eligible for the Road -to-Independence 1178
1756+Program, he or she must be advised that he or she may continue 1179
1757+to reside with the licensed family home or group care pr ovider 1180
1758+with whom the child was residing at the time the child attained 1181
1759+his or her 18th birthday, in another licensed family home, or 1182
1760+with a group care provider arranged by the department. 1183
1761+ 5. An open bank account or the identification necessary to 1184
1762+open a bank account and to acquire essential banking and 1185
1763+budgeting skills. 1186
1764+ 6. Information on public assistance and how to apply for 1187
1765+public assistance. 1188
1766+ 7. A clear understanding of where he or she will be living 1189
1767+on his or her 18th birthday, how living expenses will be paid, 1190
1768+and the educational program or school in which he or she will be 1191
1769+enrolled. 1192
1770+ 8. Information related to the ability of the child to 1193
1771+remain in care until he or she reaches 21 years of age under s. 1194
1772+39.013. 1195
1773+ 9. A letter providing the dates that the child is under 1196
1774+the jurisdiction of the court. 1197
1775+ 10. A letter stating that the child is in compliance with 1198
1776+financial aid documentation requirements. 1199
1777+ 11. The child's educational records. 1200
1778+
1779+CS/CS/HB 875 2023
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1786+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
1787+
1788+
1789+
1790+ 12. The child's entire health and mental health records. 1201
1791+ 13. The process for accessing the child's case file. 1202
1792+ 14. A statement encouraging the child to attend all 1203
1793+judicial review hearings. 1204
1794+ 15. Information on how to obtain a driver license or 1205
1795+learner's driver license. 1206
1796+ (c) At the first judicial review hearing hel d subsequent 1207
1797+to the child's 17th birthday, if the court determines pursuant 1208
1798+to chapter 744 that there is a good faith basis to believe that 1209
1799+the child qualifies for appointment of a guardian advocate, 1210
1800+limited guardian, or plenary guardian for the child and that no 1211
1801+less restrictive decisionmaking assistance will meet the child's 1212
1802+needs: 1213
1803+ 1. The department shall complete a multidisciplinary 1214
1804+report which must include, but is not limited to, a psychosocial 1215
1805+evaluation and educational report if such a report has n ot been 1216
1806+completed within the previous 2 years. 1217
1807+ 2. The department shall identify one or more individuals 1218
1808+who are willing to serve as the guardian advocate under s. 1219
1809+393.12 or as the plenary or limited guardian under chapter 744. 1220
1810+Any other interested partie s or participants may make efforts to 1221
1811+identify such a guardian advocate, limited guardian, or plenary 1222
1812+guardian. The child's biological or adoptive family members, 1223
1813+including the child's parents if the parents' rights have not 1224
1814+been terminated, may not be con sidered for service as the 1225
1815+
1816+CS/CS/HB 875 2023
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1825+
1826+
1827+plenary or limited guardian unless the court enters a written 1226
1828+order finding that such an appointment is in the child's best 1227
1829+interests. 1228
1830+ 3. Proceedings may be initiated within 180 days after the 1229
1831+child's 17th birthday for the appo intment of a guardian 1230
1832+advocate, plenary guardian, or limited guardian for the child in 1231
1833+a separate proceeding in the court division with jurisdiction 1232
1834+over guardianship matters and pursuant to chapter 744. The 1233
1835+Legislature encourages the use of pro bono repre sentation to 1234
1836+initiate proceedings under this section. 1235
1837+ 4. In the event another interested party or participant 1236
1838+initiates proceedings for the appointment of a guardian 1237
1839+advocate, plenary guardian, or limited guardian for the child, 1238
1840+the department shall prov ide all necessary documentation and 1239
1841+information to the petitioner to complete a petition under s. 1240
1842+393.12 or chapter 744 within 45 days after the first judicial 1241
1843+review hearing after the child's 17th birthday. 1242
1844+ 5. Any proceedings seeking appointment of a gu ardian 1243
1845+advocate or a determination of incapacity and the appointment of 1244
1846+a guardian must be conducted in a separate proceeding in the 1245
1847+court division with jurisdiction over guardianship matters and 1246
1848+pursuant to chapter 744. 1247
1849+ (d) If the court finds at the jud icial review hearing 1248
1850+after the child's 17th birthday that the department has not met 1249
1851+its obligations to the child as stated in this part, in the 1250
1852+
1853+CS/CS/HB 875 2023
1854+
1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
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1860+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
1861+
1862+
1863+
1864+written case plan, or in the provision of independent living 1251
1865+services, the court may issue an order directing t he department 1252
1866+to show cause as to why it has not done so. If the department 1253
1867+cannot justify its noncompliance, the court may give the 1254
1868+department 30 days within which to comply. If the department 1255
1869+fails to comply within 30 days, the court may hold the 1256
1870+department in contempt. 1257
1871+ (e) If necessary, the court may review the status of the 1258
1872+child more frequently during the year before the child's 18th 1259
1873+birthday. At the last review hearing before the child reaches 18 1260
1874+years of age, and in addition to the requirements of subsection 1261
1875+(2), the court shall: 1262
1876+ 1. Address whether the child plans to remain in foster 1263
1877+care, and, if so, ensure that the child's transition plan 1264
1878+includes a plan for meeting one or more of the criteria 1265
1879+specified in s. 39.6251 and determine if the child h as entered 1266
1880+into a formal agreement for an ongoing relationship with a 1267
1881+supportive adult. 1268
1882+ 2. Ensure that the transition plan includes a supervised 1269
1883+living arrangement under s. 39.6251. 1270
1884+ 3. Ensure the child has been informed of: 1271
1885+ a. The right to continued support and services from the 1272
1886+department and the community -based care lead agency. 1273
1887+ b. The right to request termination of dependency 1274
1888+jurisdiction and be discharged from foster care. 1275
1889+
1890+CS/CS/HB 875 2023
1891+
1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
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1897+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
1898+
1899+
1900+
1901+ c. The opportunity to reenter foster care under s. 1276
1902+39.6251. 1277
1903+ 4. Ensure that the child, if he or she requests 1278
1904+termination of dependency jurisdiction and discharge from foster 1279
1905+care, has been informed of: 1280
1906+ a. Services or benefits for which the child may be 1281
1907+eligible based on his or her former placement in foster care, 1282
1908+including, but not limited to, the assistance of the Office of 1283
1909+Continuing Care under s. 414.56. 1284
1910+ b. Services or benefits that may be lost through 1285
1911+termination of dependency jurisdiction. 1286
1912+ c. Other federal, state, local, or community -based 1287
1913+services or supports available to him or her. 1288
1914+ (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1289
1915+During each period of time that a young adult remains in foster 1290
1916+care, the court shall review the status of the young adult at 1291
1917+least every 6 months and must hold a permanency re view hearing 1292
1918+at least annually. 1293
1919+ (e)1. Notwithstanding the provisions of this subsection, 1294
1920+if a young adult has chosen to remain in extended foster care 1295
1921+after he or she has reached 18 years of age, the department may 1296
1922+not close a case and the court may not terminate jurisdiction 1297
1923+until the court finds, following a hearing, that the following 1298
1924+criteria have been met: 1299
1925+ a.1. Attendance of the young adult at the hearing; or 1300
1926+
1927+CS/CS/HB 875 2023
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb0875-02-c2
1933+Page 53 of 96
1934+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
1935+
1936+
1937+
1938+ b.2. Findings by the court that: 1301
1939+ (I)a. The young adult has been informed by the depart ment 1302
1940+of his or her right to attend the hearing and has provided 1303
1941+written consent to waive this right; and 1304
1942+ (II)b. The young adult has been informed of the potential 1305
1943+negative effects of early termination of care, the option to 1306
1944+reenter care before reaching 2 1 years of age, the procedure for, 1307
1945+and limitations on, reentering care, and the availability of 1308
1946+alternative services, and has signed a document attesting that 1309
1947+he or she has been so informed and understands these provisions; 1310
1948+or 1311
1949+ (III)c. The young adult has voluntarily left the program, 1312
1950+has not signed the document in sub -subparagraph b., and is 1313
1951+unwilling to participate in any further court proceeding. 1314
1952+ 2.3. In all permanency hearings or hearings regarding the 1315
1953+transition of the young adult from care to indep endent living, 1316
1954+the court shall consult with the young adult regarding the 1317
1955+proposed permanency plan, case plan, and individual education 1318
1956+plan for the young adult and ensure that he or she has 1319
1957+understood the conversation. The court shall also inquire of the 1320
1958+young adult regarding his or her relationship with the 1321
1959+supportive adult with whom the young adult has entered into a 1322
1960+formal agreement for an ongoing relationship, if such agreement 1323
1961+exists. 1324
1962+ Section 24. Paragraph (a) of subsection (3) of section 1325
1963+
1964+CS/CS/HB 875 2023
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb0875-02-c2
1970+Page 54 of 96
1971+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
1972+
1973+
1974+
1975+39.801, Florida Statutes, is amended to read: 1326
1976+ 39.801 Procedures and jurisdiction; notice; service of 1327
1977+process.— 1328
1978+ (3) Before the court may terminate parental rights, in 1329
1979+addition to the other requirements set forth in this part, the 1330
1980+following requirements must be met: 1331
1981+ (a) Notice of the date, time, and place of the advisory 1332
1982+hearing for the petition to terminate parental rights and a copy 1333
1983+of the petition must be personally served upon the following 1334
1984+persons, specifically notifying them that a petition has been 1335
1985+filed: 1336
1986+ 1. The parents of the child. 1337
1987+ 2. The legal custodians of the child. 1338
1988+ 3. If the parents who would be entitled to notice are dead 1339
1989+or unknown, a living relative of the child, unless upon diligent 1340
1990+search and inquiry no such relative can be found. 1341
1991+ 4. Any person who has physical custody of the child. 1342
1992+ 5. Any grandparent entitled to priority for adoption under 1343
1993+s. 63.0425. 1344
1994+ 6. Any prospective parent who has been identified under s. 1345
1995+39.503 or s. 39.803, unless a court order has been entered 1346
1996+pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1347
1997+indicates no further notice is required. Except as otherwise 1348
1998+provided in this section, if there is not a legal father, notice 1349
1999+of the petition for termination of parental rights must be 1350
2000+
2001+CS/CS/HB 875 2023
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb0875-02-c2
2007+Page 55 of 96
2008+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
2009+
2010+
2011+
2012+provided to any known pro spective father who is identified under 1351
2013+oath before the court or who is identified by a diligent search 1352
2014+of the Florida Putative Father Registry. Service of the notice 1353
2015+of the petition for termination of parental rights is not 1354
2016+required if the prospective fat her executes an affidavit of 1355
2017+nonpaternity or a consent to termination of his parental rights 1356
2018+which is accepted by the court after notice and opportunity to 1357
2019+be heard by all parties to address the best interests of the 1358
2020+child in accepting such affidavit. 1359
2021+ 7. The guardian ad litem for the child or the 1360
2022+representative of the guardian ad litem program, if the program 1361
2023+has been appointed. 1362
2024+ 1363
2025+The document containing the notice to respond or appear must 1364
2026+contain, in type at least as large as the type in the balance of 1365
2027+the document, the following or substantially similar language: 1366
2028+"FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 1367
2029+CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 1368
2030+THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 1369
2031+TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 1370
2032+CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 1371
2033+NOTICE." 1372
2034+ Section 25. Subsection (2) of section 39.807, Florida 1373
2035+Statutes, is amended to read: 1374
2036+ 39.807 Right to counsel; guardian ad litem. — 1375
2037+
2038+CS/CS/HB 875 2023
2039+
2040+
2041+
2042+CODING: Words stricken are deletions; words underlined are additions.
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2045+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
2046+
2047+
2048+
2049+ (2)(a) The court shall appoint a guardian ad litem to 1376
2050+represent the best interest of the child in any termination of 1377
2051+parental rights proceedings and shall ascertain at each stage of 1378
2052+the proceedings whether a guardian ad litem has been appointed. 1379
2053+ (b) The guardian ad litem has the following 1380
2054+responsibilities and authorities listed in s. 39.822. : 1381
2055+ 1. To investigate the allegations of the petition and any 1382
2056+subsequent matters arising in the case and, 1383
2057+ (c) Unless excused by the court, the guardian ad litem 1384
2058+must to file a written report. This report must include a 1385
2059+statement of the wishes of the child and the recommendations of 1386
2060+the guardian ad litem and must be provided to all parties and 1387
2061+the court at least 72 hours before the disposition hearing. 1388
2062+ 2. To be present at all court hearings unless excused by 1389
2063+the court. 1390
2064+ 3. To represent the best interests of the child until the 1391
2065+jurisdiction of the court over the child terminates or until 1392
2066+excused by the court. 1393
2067+ (c) A guardian ad litem is not required to post bond but 1394
2068+shall file an acceptance of the office. 1395
2069+ (d) A guardian ad litem is entitled to receive service of 1396
2070+pleadings and papers as provided by the Florida Rules of 1397
2071+Juvenile Procedure. 1398
2072+ (d)(e) This subsection does not apply to any voluntary 1399
2073+relinquishment of parent al rights proceeding. 1400
2074+
2075+CS/CS/HB 875 2023
2076+
2077+
2078+
2079+CODING: Words stricken are deletions; words underlined are additions.
2080+hb0875-02-c2
2081+Page 57 of 96
2082+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
2083+
2084+
2085+
2086+ Section 26. Subsection (2) of section 39.808, Florida 1401
2087+Statutes, is amended to read: 1402
2088+ 39.808 Advisory hearing; pretrial status conference. — 1403
2089+ (2) At the hearing the court shall inform the parties of 1404
2090+their rights under s. 39.807, shall appoint counsel for the 1405
2091+parties in accordance with legal requirements, and shall appoint 1406
2092+a guardian ad litem to represent the interests of the child if 1407
2093+one has not already been appointed. 1408
2094+ Section 27. Subsection (2) of section 39.815, Florida 1409
2095+Statutes, is amended to read: 1410
2096+ 39.815 Appeal.— 1411
2097+ (2) An attorney for the department shall represent the 1412
2098+state upon appeal. When a notice of appeal is filed in the 1413
2099+circuit court, the clerk shall notify the attorney for the 1414
2100+department, together with the attorney for the parent, the 1415
2101+guardian ad litem, and the any attorney ad litem for the child, 1416
2102+if one is appointed. 1417
2103+ Section 28. Section 39.820, Florida Statutes, is repealed. 1418
2104+ Section 29. Subsections (1) and (3) of section 39.821, 1419
2105+Florida Statutes, are amende d to read: 1420
2106+ 39.821 Qualifications of guardians ad litem. — 1421
2107+ (1) Because of the special trust or responsibility placed 1422
2108+in a guardian ad litem, the Statewide Guardian ad Litem Office 1423
2109+Program may use any private funds collected by the office 1424
2110+program, or any state funds so designated, to conduct a security 1425
2111+
2112+CS/CS/HB 875 2023
2113+
2114+
2115+
2116+CODING: Words stricken are deletions; words underlined are additions.
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2118+Page 58 of 96
2119+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
2120+
2121+
2122+
2123+background investigation before certifying a volunteer to serve. 1426
2124+A security background investigation must include, but need not 1427
2125+be limited to, employment history checks, checks of references, 1428
2126+local criminal history records checks through local law 1429
2127+enforcement agencies, and statewide criminal history records 1430
2128+checks through the Department of Law Enforcement. Upon request, 1431
2129+an employer shall furnish a copy of the personnel record for the 1432
2130+employee or former employee who is the subject of a security 1433
2131+background investigation conducted under this section. The 1434
2132+information contained in the personnel record may include, but 1435
2133+need not be limited to, disciplinary matters and the reason why 1436
2134+the employee was terminat ed from employment. An employer who 1437
2135+releases a personnel record for purposes of a security 1438
2136+background investigation is presumed to have acted in good faith 1439
2137+and is not liable for information contained in the record 1440
2138+without a showing that the employer malici ously falsified the 1441
2139+record. A security background investigation conducted under this 1442
2140+section must ensure that a person is not certified as a guardian 1443
2141+ad litem if the person has an arrest awaiting final disposition 1444
2142+for, been convicted of, regardless of adju dication, entered a 1445
2143+plea of nolo contendere or guilty to, or been adjudicated 1446
2144+delinquent and the record has not been sealed or expunged for, 1447
2145+any offense prohibited under the provisions listed in s. 435.04. 1448
2146+All applicants must undergo a level 2 background s creening 1449
2147+pursuant to chapter 435 before being certified to serve as a 1450
2148+
2149+CS/CS/HB 875 2023
2150+
2151+
2152+
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2155+Page 59 of 96
2156+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
2157+
2158+
2159+
2160+guardian ad litem. In analyzing and evaluating the information 1451
2161+obtained in the security background investigation, the office 1452
2162+program must give particular emphasis to past activities 1453
2163+involving children, including, but not limited to, child -related 1454
2164+criminal offenses or child abuse. The office program has sole 1455
2165+discretion in determining whether to certify a person based on 1456
2166+his or her security background investigation. The information 1457
2167+collected pursuant to the security background investigation is 1458
2168+confidential and exempt from s. 119.07(1). 1459
2169+ (3) It is a misdemeanor of the first degree, punishable as 1460
2170+provided in s. 775.082 or s. 775.083, for any person to 1461
2171+willfully, knowingly, or intentionally fa il, by false statement, 1462
2172+misrepresentation, impersonation, or other fraudulent means, to 1463
2173+disclose in any application for a volunteer position or for paid 1464
2174+employment with the Statewide Guardian ad Litem Office Program, 1465
2175+any material fact used in making a dete rmination as to the 1466
2176+applicant's qualifications for such position. 1467
2177+ Section 30. Section 39.822, Florida Statutes, is amended 1468
2178+to read: 1469
2179+ 39.822 Appointment of guardian ad litem for abused, 1470
2180+abandoned, or neglected child. — 1471
2181+ (1) A guardian ad litem shall be appointed by the court at 1472
2182+the earliest possible time to represent the child in any child 1473
2183+abuse, abandonment, or neglect judicial proceeding, whether 1474
2184+civil or criminal. A guardian ad litem is a fiduciary and must 1475
2185+
2186+CS/CS/HB 875 2023
2187+
2188+
2189+
2190+CODING: Words stricken are deletions; words underlined are additions.
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2193+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
2194+
2195+
2196+
2197+provide independent representation of the c hild using a best 1476
2198+interest standard of decisionmaking and advocacy. 1477
2199+ (2)(a) A guardian ad litem must: 1478
2200+ 1. Be present at all court hearings unless excused by the 1479
2201+court. 1480
2202+ 2. Investigate issues related to the best interest of the 1481
2203+child who is the subject o f the appointment, review all 1482
2204+disposition recommendations and changes in placement, and, 1483
2205+unless excused by the court, file written reports and 1484
2206+recommendations in accordance with general law. 1485
2207+ 3. Represent the child until the court's jurisdiction over 1486
2208+the child terminates or until excused by the court. 1487
2209+ 4. Advocate for the child's participation in the 1488
2210+proceedings and to report the child's preferences to the court, 1489
2211+to the extent the child has the ability and desire to express 1490
2212+his or her preferences. 1491
2213+ 5. Perform such other duties that are consistent with the 1492
2214+scope of the appointment. 1493
2215+ (b) A guardian ad litem shall have immediate and unlimited 1494
2216+access to the children he or she represents. 1495
2217+ (c) A guardian ad litem is not required to post bond but 1496
2218+must file an acceptance of the appointment. 1497
2219+ (d) A guardian ad litem is entitled to receive service of 1498
2220+pleadings and papers as provided by the Florida Rules of 1499
2221+Juvenile Procedure. 1500
2222+
2223+CS/CS/HB 875 2023
2224+
2225+
2226+
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2230+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
2231+
2232+
2233+
2234+ (3) Any person participating in a civil or criminal 1501
2235+judicial proceeding resulting fro m such appointment shall be 1502
2236+presumed prima facie to be acting in good faith and in so doing 1503
2237+shall be immune from any liability, civil or criminal, that 1504
2238+otherwise might be incurred or imposed. 1505
2239+ (4)(2) In those cases in which the parents are financially 1506
2240+able, the parent or parents of the child shall reimburse the 1507
2241+court, in part or in whole, for the cost of provision of 1508
2242+guardian ad litem representation services. Reimbursement to the 1509
2243+individual providing guardian ad litem services shall not be 1510
2244+contingent upon successful collection by the court from the 1511
2245+parent or parents. 1512
2246+ (5)(3) Upon presentation by a guardian ad litem of a court 1513
2247+order appointing the guardian ad litem: 1514
2248+ (a) An agency, as defined in chap ter 119, shall allow the 1515
2249+guardian ad litem to inspect and copy records related to the 1516
2250+best interests of the child who is the subject of the 1517
2251+appointment, including, but not limited to, records made 1518
2252+confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1519
2253+the State Constitution. The guardian ad litem shall maintain the 1520
2254+confidential or exempt status of any records shared by an agency 1521
2255+under this paragraph. 1522
2256+ (b) A person or organization, other than an agency under 1523
2257+paragraph (a), shall allow the guardian ad litem to inspect and 1524
2258+copy any records related to the best interests of the child who 1525
2259+
2260+CS/CS/HB 875 2023
2261+
2262+
2263+
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2267+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
2268+
2269+
2270+
2271+is the subject of the appointment, including, but not limited 1526
2272+to, confidential records. 1527
2273+ 1528
2274+For the purposes of this subsection, the term "records related 1529
2275+to the best interests of the child" includes, but is not limited 1530
2276+to, medical, mental health, substance abuse, child care, 1531
2277+education, law enforcement, court, social services, and 1532
2278+financial records. 1533
2279+ (4) The guardian ad litem or the program representative 1534
2280+shall review all disposition recommendations and changes in 1535
2281+placements, and must be present at all critical stages of the 1536
2282+dependency proceeding or submit a written report of 1537
2283+recommendations to the court. Written reports must be filed with 1538
2284+the court and served on all partie s whose whereabouts are known 1539
2285+at least 72 hours prior to the hearing. 1540
2286+ Section 31. Subsection (4) of section 39.827, Florida 1541
2287+Statutes, is amended to read: 1542
2288+ 39.827 Hearing for appointment of a guardian advocate. — 1543
2289+ (4) The hearing under this section must shall remain 1544
2290+confidential and closed to the public. The clerk shall keep all 1545
2291+court records required by this part separate from other records 1546
2292+of the circuit court. All court records required by this part 1547
2293+are shall be confidential and exempt from the provisions of s. 1548
2294+119.07(1). All records may only shall be inspected only upon 1549
2295+order of the court by persons deemed by the court to have a 1550
2296+
2297+CS/CS/HB 875 2023
2298+
2299+
2300+
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2304+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
2305+
2306+
2307+
2308+proper interest therein, except that a child and the parents or 1551
2309+custodians of the child and their attorneys , the guardian ad 1552
2310+litem, and the department and its designees , and the attorney ad 1553
2311+litem, if one is appointed, shall always have the right to 1554
2312+inspect and copy any official record pertaining to the child. 1555
2313+The court may permit authorized representatives of recognized 1556
2314+organizations compiling statistics for proper purposes to 1557
2315+inspect and make abstracts from official records, under whatever 1558
2316+conditions upon their use and disposition the court may deem 1559
2317+proper, and may punish by contempt proceedings any violation of 1560
2318+those conditions. All information obtained pursuant to this part 1561
2319+in the discharge of official duty by any judge, employee of the 1562
2320+court, or authorized agent of the department is shall be 1563
2321+confidential and exempt from the provisions of s. 119.07(1) and 1564
2322+may shall not be disclosed to anyone other than the authorized 1565
2323+personnel of the court or the department and its designees, 1566
2324+except upon order of the court. 1567
2325+ Section 32. Subsection (2) of section 39.8296, Florida 1568
2326+Statutes, is amended to read: 1569
2327+ 39.8296 Statewide G uardian ad Litem Office; legislative 1570
2328+findings and intent; creation; appointment of executive 1571
2329+director; duties of office. — 1572
2330+ (2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1573
2331+Statewide Guardian ad Litem Office within the Justice 1574
2332+Administrative Commission. The Justice Administrative Commission 1575
2333+
2334+CS/CS/HB 875 2023
2335+
2336+
2337+
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2341+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
2342+
2343+
2344+
2345+shall provide administrative support and service to the office 1576
2346+to the extent requested by the executive director within the 1577
2347+available resources of the commission. The Statewide Guardian ad 1578
2348+Litem Office is not s ubject to control, supervision, or 1579
2349+direction by the Justice Administrative Commission in the 1580
2350+performance of its duties, but the employees of the office are 1581
2351+governed by the classification plan and salary and benefits plan 1582
2352+approved by the Justice Administrat ive Commission. 1583
2353+ (a) The head of the Statewide Guardian ad Litem Office is 1584
2354+the executive director, who shall be appointed by the Governor 1585
2355+from a list of a minimum of three eligible applicants submitted 1586
2356+by a Guardian ad Litem Qualifications Committee. The Guardian ad 1587
2357+Litem Qualifications Committee shall be composed of five 1588
2358+persons, two persons appointed by the Governor, two persons 1589
2359+appointed by the Chief Justice of the Supreme Court, and one 1590
2360+person appointed by the Statewide Guardian ad Litem Office 1591
2361+Association. The committee shall provide for statewide 1592
2362+advertisement and the receiving of applications for the position 1593
2363+of executive director. The Governor shall appoint an executive 1594
2364+director from among the recommendations, or the Governor may 1595
2365+reject the nominations and request the submission of new 1596
2366+nominees. The executive director must have knowledge in 1597
2367+dependency law and knowledge of social service delivery systems 1598
2368+available to meet the needs of children who are abused, 1599
2369+neglected, or abandoned. The executive dir ector shall serve on a 1600
2370+
2371+CS/CS/HB 875 2023
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2378+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
2379+
2380+
2381+
2382+full-time basis and shall personally, or through representatives 1601
2383+of the office, carry out the purposes and functions of the 1602
2384+Statewide Guardian ad Litem Office in accordance with state and 1603
2385+federal law and the state's long -established policy of 1604
2386+prioritizing children's best interests . The executive director 1605
2387+shall report to the Governor. The executive director shall serve 1606
2388+a 3-year term, subject to removal for cause by the Governor. Any 1607
2389+person appointed to serve as the executive director m ay be 1608
2390+permitted to serve more than one term without the necessity of 1609
2391+convening the Guardian ad Litem Qualifications Committee . 1610
2392+ (b) The Statewide Guardian ad Litem Office shall, within 1611
2393+available resources, have oversight responsibilities for and 1612
2394+provide technical assistance to all guardian ad litem and 1613
2395+attorney ad litem programs located within the judicial circuits. 1614
2396+ 1. The office shall identify the resources required to 1615
2397+implement methods of collecting, reporting, and tracking 1616
2398+reliable and consistent case data. 1617
2399+ 2. The office shall review the current guardian ad litem 1618
2400+offices programs in Florida and other states. 1619
2401+ 3. The office, in consultation with local guardian ad 1620
2402+litem offices, shall develop statewide performance measures and 1621
2403+standards. 1622
2404+ 4. The office shall develop and maintain a guardian ad 1623
2405+litem training program , which must be updated regularly , which 1624
2406+shall include, but is not limited to, training on the 1625
2407+
2408+CS/CS/HB 875 2023
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2415+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
2416+
2417+
2418+
2419+recognition of and responses to head trauma and brain injury in 1626
2420+a child under 6 years of age. T he office shall establish a 1627
2421+curriculum committee to develop the training program specified 1628
2422+in this subparagraph. The curriculum committee shall include, 1629
2423+but not be limited to, dependency judges, directors of circuit 1630
2424+guardian ad litem programs, active certi fied guardians ad litem, 1631
2425+a mental health professional who specializes in the treatment of 1632
2426+children, a member of a child advocacy group, a representative 1633
2427+of a domestic violence advocacy group, an individual with a 1634
2428+degree in social work, and a social worker experienced in 1635
2429+working with victims and perpetrators of child abuse . 1636
2430+ 5. The office shall review the various methods of funding 1637
2431+guardian ad litem offices programs, maximize the use of those 1638
2432+funding sources to the extent possible, and review the kinds of 1639
2433+services being provided by circuit guardian ad litem offices 1640
2434+programs. 1641
2435+ 6. The office shall determine the feasibility or 1642
2436+desirability of new concepts of organization, administration, 1643
2437+financing, or service delivery designed to preserve the civil 1644
2438+and constitutional rights and fulfill other needs of dependent 1645
2439+children. 1646
2440+ 7. The office shall ensure that each child has an attorney 1647
2441+assigned to his or her case and, within available resources, is 1648
2442+represented using multidisciplinary teams that may include 1649
2443+volunteers, pro bono attorneys, social workers, and mentors. 1650
2444+
2445+CS/CS/HB 875 2023
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2452+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
2453+
2454+
2455+
2456+ 8. The office shall provide oversight and technical 1651
2457+assistance to attorneys ad litem, including, but not limited to, 1652
2458+all of the following: 1653
2459+ a. Develop an attorney ad litem training program in 1654
2460+collaboration with dependency court stakeholders, including, but 1655
2461+not limited to, dependency judges, representatives from legal 1656
2462+aid providing attorney ad litem representation, and an attorney 1657
2463+ad litem appointed from a registry maintained by the chief 1658
2464+judge. The training program must be updated regularly with or 1659
2465+without convening the stakeholders group. 1660
2466+ b. Offer consultation and technical assistance to chief 1661
2467+judges in maintaining attorney registries for the selection of 1662
2468+attorneys ad litem. 1663
2469+ c. Assist with recruitmen t, training, and mentoring of 1664
2470+attorneys ad litem as needed. 1665
2471+ 9.7. In an effort to promote normalcy and establish trust 1666
2472+between a court-appointed volunteer guardian ad litem and a 1667
2473+child alleged to be abused, abandoned, or neglected under this 1668
2474+chapter, a guardian ad litem may transport a child. However, a 1669
2475+guardian ad litem volunteer may not be required by a guardian ad 1670
2476+litem circuit office or ordered by or directed by the program or 1671
2477+a court to transport a child. 1672
2478+ 10.8. The office shall submit to the Governo r, the 1673
2479+President of the Senate, the Speaker of the House of 1674
2480+Representatives, and the Chief Justice of the Supreme Court an 1675
2481+
2482+CS/CS/HB 875 2023
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2489+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
2490+
2491+
2492+
2493+interim report describing the progress of the office in meeting 1676
2494+the goals as described in this section. The office shall submit 1677
2495+to the Governor, the President of the Senate, the Speaker of the 1678
2496+House of Representatives, and the Chief Justice of the Supreme 1679
2497+Court a proposed plan including alternatives for meeting the 1680
2498+state's guardian ad litem and attorney ad litem needs. This plan 1681
2499+may include recommendations for less than the entire state, may 1682
2500+include a phase-in system, and shall include estimates of the 1683
2501+cost of each of the alternatives. Each year the office shall 1684
2502+provide a status report and provide further recommendations to 1685
2503+address the need for guardian ad litem services and related 1686
2504+issues. 1687
2505+ Section 33. Section 39.8297, Florida Statutes, is amended 1688
2506+to read: 1689
2507+ 39.8297 County funding for guardian ad litem employees. — 1690
2508+ (1) A county and the executive director of the Statewide 1691
2509+Guardian ad Litem Office may enter into an agreement by which 1692
2510+the county agrees to provide funds to the local guardian ad 1693
2511+litem office in order to employ persons who will assist in the 1694
2512+operation of the guardian ad litem office program in the county. 1695
2513+ (2) The agreement, at a minimum, must provide that: 1696
2514+ (a) Funding for the persons who are employed will be 1697
2515+provided on at least a fiscal -year basis. 1698
2516+ (b) The persons who are employed will be hired, 1699
2517+supervised, managed, and terminated by the executive director of 1700
2518+
2519+CS/CS/HB 875 2023
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2526+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
2527+
2528+
2529+
2530+the Statewide Guardian ad Litem Office. The statewide office is 1701
2531+responsible for compliance with all requirements of federal and 1702
2532+state employment laws, and shall fully indemnify the county from 1703
2533+any liability under such laws, as authorized by s. 768.28(19), 1704
2534+to the extent such liability is the result of the acts or 1705
2535+omissions of the Statewide Guardian ad Litem Office or its 1706
2536+agents or employees. 1707
2537+ (c) The county is the employer for purposes of s. 440. 10 1708
2538+and chapter 443. 1709
2539+ (d) Employees funded by the county under this section and 1710
2540+other county employees may be aggregated for purposes of a 1711
2541+flexible benefits plan pursuant to s. 125 of the Internal 1712
2542+Revenue Code of 1986. 1713
2543+ (e) Persons employed under this sec tion may be terminated 1714
2544+after a substantial breach of the agreement or because funding 1715
2545+to the guardian ad litem office program has expired. 1716
2546+ (3) Persons employed under this section may not be counted 1717
2547+in a formula or similar process used by the Statewide Gu ardian 1718
2548+ad Litem Office to measure personnel needs of a judicial 1719
2549+circuit's guardian ad litem office program. 1720
2550+ (4) Agreements created pursuant to this section do not 1721
2551+obligate the state to allocate funds to a county to employ 1722
2552+persons in the guardian ad litem office program. 1723
2553+ Section 34. Section 39.8298, Florida Statutes, is amended 1724
2554+to read: 1725
2555+
2556+CS/CS/HB 875 2023
2557+
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2563+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
2564+
2565+
2566+
2567+ 39.8298 Guardian ad Litem state direct-support 1726
2568+organization and local direct-support organizations .— 1727
2569+ (1) AUTHORITY.—The Statewide Guardian ad Litem Office 1728
2570+created under s. 39.8296 is authorized to create a state direct-1729
2571+support organization and to create or designate local direct -1730
2572+support organizations. The executive director of the Statewide 1731
2573+Guardian ad Litem Office is responsible for designating local 1732
2574+direct-support organizations under this subsection . 1733
2575+ (a) The state direct-support organization and the local 1734
2576+direct-support organizations must be a Florida corporations 1735
2577+corporation not for profit, incorporated under the provisions of 1736
2578+chapter 617. The state direct-support organization and the local 1737
2579+direct-support organizations are shall be exempt from paying 1738
2580+fees under s. 617.0122. 1739
2581+ (b) The state direct-support organization and each local 1740
2582+direct-support organization must shall be organized and operated 1741
2583+to conduct programs and activities; raise funds; request and 1742
2584+receive grants, gifts, and bequests of moneys; acquire, receive, 1743
2585+hold, invest, and administer, in its own name, securities, 1744
2586+funds, objects of value, or other property, real or personal; 1745
2587+and make expenditures to or for the direct or indirect benefit 1746
2588+of the Statewide Guardian ad Litem Office , including the local 1747
2589+guardian ad litem offices . 1748
2590+ (c) If the executive director of the Statewide Guardian ad 1749
2591+Litem Office determines that the state direct-support 1750
2592+
2593+CS/CS/HB 875 2023
2594+
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2600+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
2601+
2602+
2603+
2604+organization or a local direct-support organization is operating 1751
2605+in a manner that is inconsistent with the goals and purposes of 1752
2606+the Statewide Guardian ad Litem Office or not acting in the best 1753
2607+interest of the state, the executive director may terminate the 1754
2608+organization's contract and thereafter the organization may not 1755
2609+use the name of the Statewide Guardian ad Litem Office. 1756
2610+ (2) CONTRACTS CONTRACT.—The state direct-support 1757
2611+organization and the local direct -support organizations shall 1758
2612+operate under a writte n contract with the Statewide Guardian Ad 1759
2613+Litem Office. The written contract must, at a minimum, provide 1760
2614+for: 1761
2615+ (a) Approval of the articles of incorporation and bylaws 1762
2616+of the direct-support organization by the executive director of 1763
2617+the Statewide Guardian ad Litem Office. 1764
2618+ (b) Submission of an annual budget for the approval by the 1765
2619+executive director of the Statewide Guardian ad Litem Office. 1766
2620+ (c) The reversion without penalty to the Statewide 1767
2621+Guardian ad Litem Office, or to the state if the Statewide 1768
2622+Guardian ad Litem Office ceases to exist, of all moneys and 1769
2623+property held in trust by the state direct-support organization 1770
2624+for the Statewide Guardian Ad Litem Office if the direct -support 1771
2625+organization ceases to exist or if the contract is terminated. 1772
2626+ (d) The fiscal year of the state direct-support 1773
2627+organization and the local direct -support organizations , which 1774
2628+must begin July 1 of each year and end June 30 of the following 1775
2629+
2630+CS/CS/HB 875 2023
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2637+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
2638+
2639+
2640+
2641+year. 1776
2642+ (e) The disclosure of material provisions of the contract 1777
2643+and the distinction b etween the Statewide Guardian ad Litem 1778
2644+Office and the state direct-support organization or the local 1779
2645+direct-support organization to donors of gifts, contributions, 1780
2646+or bequests, as well as on all promotional and fundraising 1781
2647+publications. 1782
2648+ (3) BOARD OF DIRECTORS.—The executive director of the 1783
2649+Statewide Guardian ad Litem Office shall appoint a board of 1784
2650+directors for the state direct-support organization. The 1785
2651+executive director may designate employees of the Statewide 1786
2652+Guardian ad Litem Office to serve on the b oard of directors of 1787
2653+the state direct-support organization or a local direct -support 1788
2654+organization. Members of the board of the state direct-support 1789
2655+organization or a local direct -support organization shall serve 1790
2656+at the pleasure of the executive director. 1791
2657+ (4) USE OF PROPERTY AND SERVICES. —The executive director 1792
2658+of the Statewide Guardian ad Litem Office: 1793
2659+ (a) May authorize the use of facilities and property other 1794
2660+than money that are owned by the Statewide Guardian ad Litem 1795
2661+Office to be used by the state direct-support organization or a 1796
2662+local direct-support organization . 1797
2663+ (b) May authorize the use of personal services provided by 1798
2664+employees of the Statewide Guardian ad Litem Office to be used 1799
2665+by the state direct-support organization or a local direct -1800
2666+
2667+CS/CS/HB 875 2023
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2674+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
2675+
2676+
2677+
2678+support organization. For the purposes of this section, the term 1801
2679+"personal services" includes full -time personnel and part -time 1802
2680+personnel as well as payroll processing. 1803
2681+ (c) May prescribe the conditions by which the state 1804
2682+direct-support organization or a local direct-support 1805
2683+organization may use property, facilities, or personal services 1806
2684+of the office or the state direct-support organization . 1807
2685+ (d) May Shall not authorize the use of property, 1808
2686+facilities, or personal services by the state of the direct-1809
2687+support organization or a local direct-support organization if 1810
2688+the organization does not provide equal employment opportunities 1811
2689+to all persons, regardless of race, color, religion, sex, age, 1812
2690+or national origin. 1813
2691+ (5) MONEYS.—Moneys of the state direct-support 1814
2692+organization or a local direct-support organization must may be 1815
2693+held in a separate depository account in the name of the direct -1816
2694+support organization and subject to the provisions of the 1817
2695+contract with the Statewide Guardian ad Litem Office. 1818
2696+ (6) ANNUAL AUDIT.—The state direct-support organization 1819
2697+and a local direct-support organization must shall provide for 1820
2698+an annual financial audit in accordance with s. 215.981. 1821
2699+ (7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—1822
2700+The state direct-support organization and a local direct-support 1823
2701+organization may shall not exercise any power under s. 1824
2702+617.0302(12) or (16). A No state employee may not shall receive 1825
2703+
2704+CS/CS/HB 875 2023
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2711+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
2712+
2713+
2714+
2715+compensation from the state direct-support organization or a 1826
2716+local direct-support organization for service on the board of 1827
2717+directors or for services rendered to the direct -support 1828
2718+organization. 1829
2719+ Section 35. Section 1009.898, Florida Statutes, is created 1830
2720+to read: 1831
2721+ 1009.898 Pathway to Prosperity grants. — 1832
2722+ (1) The Pathway to Prosperi ty program shall administer the 1833
2723+following grants to youth and young adults aging out of foster 1834
2724+care: 1835
2725+ (a) Grants to provide financial literacy instruction using 1836
2726+a curriculum developed by the Department of Financial Services. 1837
2727+ (b) Grants to provide SAT an d ACT preparation, including 1838
2728+one-on-one support and fee waivers for the examinations. 1839
2729+ (c) Grants to youth and young adults planning to pursue 1840
2730+trade careers or paid apprenticeships. 1841
2731+ (2) If a youth who is aging out of foster care is reunited 1842
2732+with his or her parents, the grants remain available for the 1843
2733+youth for up to 6 months after reunification. 1844
2734+ Section 36. Subsection (1) of section 39.302, Florida 1845
2735+Statutes, is amended to read: 1846
2736+ 39.302 Protective investigations of institutional child 1847
2737+abuse, abandonment, or neglect.— 1848
2738+ (1) The department shall conduct a child protective 1849
2739+investigation of each report of institutional child abuse, 1850
2740+
2741+CS/CS/HB 875 2023
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2748+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
2749+
2750+
2751+
2752+abandonment, or neglect. Upon receipt of a report that alleges 1851
2753+that an employee or agent of the department, or any other enti ty 1852
2754+or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 1853
2755+acting in an official capacity, has committed an act of child 1854
2756+abuse, abandonment, or neglect, the department shall initiate a 1855
2757+child protective investigation within the timeframe established 1856
2758+under s. 39.101(2) and notify the appropriate state attorney, 1857
2759+law enforcement agency, and licensing agency, which shall 1858
2760+immediately conduct a joint investigation, unless independent 1859
2761+investigations are more feasible. When conducting investigations 1860
2762+or having face-to-face interviews with the child, investigation 1861
2763+visits shall be unannounced unless it is determined by the 1862
2764+department or its agent that unannounced visits threaten the 1863
2765+safety of the child. If a facility is exempt from licensing, the 1864
2766+department shall inform the owner or operator of the facility of 1865
2767+the report. Each agency conducting a joint investigation is 1866
2768+entitled to full access to the information gathered by the 1867
2769+department in the course of the investigation. A protective 1868
2770+investigation must include an interview with the child's parent 1869
2771+or legal guardian. The department shall make a full written 1870
2772+report to the state attorney within 3 business days after making 1871
2773+the oral report. A criminal investigation shall be coordinated, 1872
2774+whenever possible, with the ch ild protective investigation of 1873
2775+the department. Any interested person who has information 1874
2776+regarding the offenses described in this subsection may forward 1875
2777+
2778+CS/CS/HB 875 2023
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2785+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
2786+
2787+
2788+
2789+a statement to the state attorney as to whether prosecution is 1876
2790+warranted and appropriate. Within 15 da ys after the completion 1877
2791+of the investigation, the state attorney shall report the 1878
2792+findings to the department and shall include in the report a 1879
2793+determination of whether or not prosecution is justified and 1880
2794+appropriate in view of the circumstances of the spec ific case. 1881
2795+ Section 37. Paragraph (c) of subsection (1) of section 1882
2796+39.521, Florida Statutes, is amended to read: 1883
2797+ 39.521 Disposition hearings; powers of disposition. — 1884
2798+ (1) A disposition hearing shall be conducted by the court, 1885
2799+if the court finds that the facts alleged in the petition for 1886
2800+dependency were proven in the adjudicatory hearing, or if the 1887
2801+parents or legal custodians have consented to the finding of 1888
2802+dependency or admitted the allegations in the petition, have 1889
2803+failed to appear for the arraignme nt hearing after proper 1890
2804+notice, or have not been located despite a diligent search 1891
2805+having been conducted. 1892
2806+ (c) When any child is adjudicated by a court to be 1893
2807+dependent, the court having jurisdiction of the child has the 1894
2808+power by order to: 1895
2809+ 1. Require the parent and, when appropriate, the legal 1896
2810+guardian or the child to participate in treatment and services 1897
2811+identified as necessary. The court may require the person who 1898
2812+has custody or who is requesting custody of the child to submit 1899
2813+to a mental health or subs tance abuse disorder assessment or 1900
2814+
2815+CS/CS/HB 875 2023
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2822+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
2823+
2824+
2825+
2826+evaluation. The order may be made only upon good cause shown and 1901
2827+pursuant to notice and procedural requirements provided under 1902
2828+the Florida Rules of Juvenile Procedure. The mental health 1903
2829+assessment or evaluation must be ad ministered by a qualified 1904
2830+professional as defined in s. 39.01, and the substance abuse 1905
2831+assessment or evaluation must be administered by a qualified 1906
2832+professional as defined in s. 397.311. The court may also 1907
2833+require such person to participate in and comply w ith treatment 1908
2834+and services identified as necessary, including, when 1909
2835+appropriate and available, participation in and compliance with 1910
2836+a mental health court program established under chapter 394 or a 1911
2837+treatment-based drug court program established under s. 397 .334. 1912
2838+Adjudication of a child as dependent based upon evidence of harm 1913
2839+as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 1914
2840+cause, and the court shall require the parent whose actions 1915
2841+caused the harm to submit to a substance abuse disorder 1916
2842+assessment or evaluation and to participate and comply with 1917
2843+treatment and services identified in the assessment or 1918
2844+evaluation as being necessary. In addition to supervision by the 1919
2845+department, the court, including the mental health court program 1920
2846+or the treatment-based drug court program, may oversee the 1921
2847+progress and compliance with treatment by a person who has 1922
2848+custody or is requesting custody of the child. The court may 1923
2849+impose appropriate available sanctions for noncompliance upon a 1924
2850+person who has custody or is requesting custody of the child or 1925
2851+
2852+CS/CS/HB 875 2023
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2859+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
2860+
2861+
2862+
2863+make a finding of noncompliance for consideration in determining 1926
2864+whether an alternative placement of the child is in the child's 1927
2865+best interests. Any order entered under this subparagraph may be 1928
2866+made only upon good cause s hown. This subparagraph does not 1929
2867+authorize placement of a child with a person seeking custody of 1930
2868+the child, other than the child's parent or legal custodian, who 1931
2869+requires mental health or substance abuse disorder treatment. 1932
2870+ 2. Require, if the court deems necessary, the parties to 1933
2871+participate in dependency mediation. 1934
2872+ 3. Require placement of the child either under the 1935
2873+protective supervision of an authorized agent of the department 1936
2874+in the home of one or both of the child's parents or in the home 1937
2875+of a relative of the child or another adult approved by the 1938
2876+court, or in the custody of the department. Protective 1939
2877+supervision continues until the court terminates it or until the 1940
2878+child reaches the age of 18, whichever date is first. Protective 1941
2879+supervision shall be terminated by the court whenever the court 1942
2880+determines that permanency has been achieved for the child, 1943
2881+whether with a parent, another relative, or a legal custodian, 1944
2882+and that protective supervision is no longer needed. The 1945
2883+termination of supervision may be with or without retaining 1946
2884+jurisdiction, at the court's discretion, and shall in either 1947
2885+case be considered a permanency option for the child. The order 1948
2886+terminating supervision by the department must set forth the 1949
2887+powers of the custodian of the child and in clude the powers 1950
2888+
2889+CS/CS/HB 875 2023
2890+
2891+
2892+
2893+CODING: Words stricken are deletions; words underlined are additions.
2894+hb0875-02-c2
2895+Page 79 of 96
2896+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
2897+
2898+
2899+
2900+ordinarily granted to a guardian of the person of a minor unless 1951
2901+otherwise specified. Upon the court's termination of supervision 1952
2902+by the department, further judicial reviews are not required if 1953
2903+permanency has been established for the child . 1954
2904+ 4. Determine whether the child has a strong attachment to 1955
2905+the prospective permanent guardian and whether such guardian has 1956
2906+a strong commitment to permanently caring for the child. 1957
2907+ Section 38. Paragraph (d) of subsection (4) of section 1958
2908+119.071, Florida Statutes, is amended to read: 1959
2909+ 119.071 General exemptions from inspection or copying of 1960
2910+public records.— 1961
2911+ (4) AGENCY PERSONNEL INFORMATION. — 1962
2912+ (d)1. For purposes of this paragraph, the term: 1963
2913+ a. "Home addresses" means the dwelling location at which 1964
2914+an individual resides and includes the physical address, mailing 1965
2915+address, street address, parcel identification number, plot 1966
2916+identification number, legal property description, neighborhood 1967
2917+name and lot number, GPS coordinates, and any other descriptive 1968
2918+property information that may reveal the home address. 1969
2919+ b. "Telephone numbers" includes home telephone numbers, 1970
2920+personal cellular telephone numbers, personal pager telephone 1971
2921+numbers, and telephone numbers associated with personal 1972
2922+communications devices. 1973
2923+ 2.a. The home addresses, telephone numbers, dates of 1974
2924+birth, and photographs of active or former sworn law enforcement 1975
2925+
2926+CS/CS/HB 875 2023
2927+
2928+
2929+
2930+CODING: Words stricken are deletions; words underlined are additions.
2931+hb0875-02-c2
2932+Page 80 of 96
2933+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
2934+
2935+
2936+
2937+personnel or of active or former civilian personnel employed by 1976
2938+a law enforcement agency, including correctional and 1977
2939+correctional probation officers, personnel of the Department of 1978
2940+Children and Families whose duties include the investigation of 1979
2941+abuse, neglect, exploitation, fraud, theft, or other criminal 1980
2942+activities, personnel of the Department of Health whose duties 1981
2943+are to support the investi gation of child abuse or neglect, and 1982
2944+personnel of the Department of Revenue or local governments 1983
2945+whose responsibilities include revenue collection and 1984
2946+enforcement or child support enforcement; the names, home 1985
2947+addresses, telephone numbers, photographs, dat es of birth, and 1986
2948+places of employment of the spouses and children of such 1987
2949+personnel; and the names and locations of schools and day care 1988
2950+facilities attended by the children of such personnel are exempt 1989
2951+from s. 119.07(1) and s. 24(a), Art. I of the State 1990
2952+Constitution. 1991
2953+ b. The home addresses, telephone numbers, dates of birth, 1992
2954+and photographs of current or former nonsworn investigative 1993
2955+personnel of the Department of Financial Services whose duties 1994
2956+include the investigation of fraud, theft, workers' compensat ion 1995
2957+coverage requirements and compliance, other related criminal 1996
2958+activities, or state regulatory requirement violations; the 1997
2959+names, home addresses, telephone numbers, dates of birth, and 1998
2960+places of employment of the spouses and children of such 1999
2961+personnel; and the names and locations of schools and day care 2000
2962+
2963+CS/CS/HB 875 2023
2964+
2965+
2966+
2967+CODING: Words stricken are deletions; words underlined are additions.
2968+hb0875-02-c2
2969+Page 81 of 96
2970+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
2971+
2972+
2973+
2974+facilities attended by the children of such personnel are exempt 2001
2975+from s. 119.07(1) and s. 24(a), Art. I of the State 2002
2976+Constitution. 2003
2977+ c. The home addresses, telephone numbers, dates of birth, 2004
2978+and photographs of current or former nonsworn investigative 2005
2979+personnel of the Office of Financial Regulation's Bureau of 2006
2980+Financial Investigations whose duties include the investigation 2007
2981+of fraud, theft, other related criminal activities, or state 2008
2982+regulatory requirement vi olations; the names, home addresses, 2009
2983+telephone numbers, dates of birth, and places of employment of 2010
2984+the spouses and children of such personnel; and the names and 2011
2985+locations of schools and day care facilities attended by the 2012
2986+children of such personnel are ex empt from s. 119.07(1) and s. 2013
2987+24(a), Art. I of the State Constitution. 2014
2988+ d. The home addresses, telephone numbers, dates of birth, 2015
2989+and photographs of current or former firefighters certified in 2016
2990+compliance with s. 633.408; the names, home addresses, telephone 2017
2991+numbers, photographs, dates of birth, and places of employment 2018
2992+of the spouses and children of such firefighters; and the names 2019
2993+and locations of schools and day care facilities attended by the 2020
2994+children of such firefighters are exempt from s. 119.0 7(1) and 2021
2995+s. 24(a), Art. I of the State Constitution. 2022
2996+ e. The home addresses, dates of birth, and telephone 2023
2997+numbers of current or former justices of the Supreme Court, 2024
2998+district court of appeal judges, circuit court judges, and 2025
2999+
3000+CS/CS/HB 875 2023
3001+
3002+
3003+
3004+CODING: Words stricken are deletions; words underlined are additions.
3005+hb0875-02-c2
3006+Page 82 of 96
3007+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
3008+
3009+
3010+
3011+county court judges; the name s, home addresses, telephone 2026
3012+numbers, dates of birth, and places of employment of the spouses 2027
3013+and children of current or former justices and judges; and the 2028
3014+names and locations of schools and day care facilities attended 2029
3015+by the children of current or forme r justices and judges are 2030
3016+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2031
3017+Constitution. 2032
3018+ f. The home addresses, telephone numbers, dates of birth, 2033
3019+and photographs of current or former state attorneys, assistant 2034
3020+state attorneys, statewide prosec utors, or assistant statewide 2035
3021+prosecutors; the names, home addresses, telephone numbers, 2036
3022+photographs, dates of birth, and places of employment of the 2037
3023+spouses and children of current or former state attorneys, 2038
3024+assistant state attorneys, statewide prosecutor s, or assistant 2039
3025+statewide prosecutors; and the names and locations of schools 2040
3026+and day care facilities attended by the children of current or 2041
3027+former state attorneys, assistant state attorneys, statewide 2042
3028+prosecutors, or assistant statewide prosecutors are ex empt from 2043
3029+s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2044
3030+ g. The home addresses, dates of birth, and telephone 2045
3031+numbers of general magistrates, special magistrates, judges of 2046
3032+compensation claims, administrative law judges of the Division 2047
3033+of Administrative Hearings, and child support enforcement 2048
3034+hearing officers; the names, home addresses, telephone numbers, 2049
3035+dates of birth, and places of employment of the spouses and 2050
3036+
3037+CS/CS/HB 875 2023
3038+
3039+
3040+
3041+CODING: Words stricken are deletions; words underlined are additions.
3042+hb0875-02-c2
3043+Page 83 of 96
3044+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
3045+
3046+
3047+
3048+children of general magistrates, special magistrates, judges of 2051
3049+compensation claims, administrative law judges of the Division 2052
3050+of Administrative Hearings, and child support enforcement 2053
3051+hearing officers; and the names and locations of schools and day 2054
3052+care facilities attended by the children of general magistrates, 2055
3053+special magistrates, judges of compensation claims, 2056
3054+administrative law judges of the Division of Administrative 2057
3055+Hearings, and child support enforcement hearing officers are 2058
3056+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2059
3057+Constitution. 2060
3058+ h. The home addresses, tele phone numbers, dates of birth, 2061
3059+and photographs of current or former human resource, labor 2062
3060+relations, or employee relations directors, assistant directors, 2063
3061+managers, or assistant managers of any local government agency 2064
3062+or water management district whose dut ies include hiring and 2065
3063+firing employees, labor contract negotiation, administration, or 2066
3064+other personnel-related duties; the names, home addresses, 2067
3065+telephone numbers, dates of birth, and places of employment of 2068
3066+the spouses and children of such personnel; an d the names and 2069
3067+locations of schools and day care facilities attended by the 2070
3068+children of such personnel are exempt from s. 119.07(1) and s. 2071
3069+24(a), Art. I of the State Constitution. 2072
3070+ i. The home addresses, telephone numbers, dates of birth, 2073
3071+and photographs of current or former code enforcement officers; 2074
3072+the names, home addresses, telephone numbers, dates of birth, 2075
3073+
3074+CS/CS/HB 875 2023
3075+
3076+
3077+
3078+CODING: Words stricken are deletions; words underlined are additions.
3079+hb0875-02-c2
3080+Page 84 of 96
3081+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
3082+
3083+
3084+
3085+and places of employment of the spouses and children of such 2076
3086+personnel; and the names and locations of schools and day care 2077
3087+facilities attended b y the children of such personnel are exempt 2078
3088+from s. 119.07(1) and s. 24(a), Art. I of the State 2079
3089+Constitution. 2080
3090+ j. The home addresses, telephone numbers, places of 2081
3091+employment, dates of birth, and photographs of current or former 2082
3092+guardians ad litem, as defi ned in s. 39.01 s. 39.820; the names, 2083
3093+home addresses, telephone numbers, dates of birth, and places of 2084
3094+employment of the spouses and children of such persons; and the 2085
3095+names and locations of schools and day care facilities attended 2086
3096+by the children of such p ersons are exempt from s. 119.07(1) and 2087
3097+s. 24(a), Art. I of the State Constitution. 2088
3098+ k. The home addresses, telephone numbers, dates of birth, 2089
3099+and photographs of current or former juvenile probation 2090
3100+officers, juvenile probation supervisors, detention 2091
3101+superintendents, assistant detention superintendents, juvenile 2092
3102+justice detention officers I and II, juvenile justice detention 2093
3103+officer supervisors, juvenile justice residential officers, 2094
3104+juvenile justice residential officer supervisors I and II, 2095
3105+juvenile justice counselors, juvenile justice counselor 2096
3106+supervisors, human services counselor administrators, senior 2097
3107+human services counselor administrators, rehabilitation 2098
3108+therapists, and social services counselors of the Department of 2099
3109+Juvenile Justice; the names, home addresses, telephone numbers, 2100
3110+
3111+CS/CS/HB 875 2023
3112+
3113+
3114+
3115+CODING: Words stricken are deletions; words underlined are additions.
3116+hb0875-02-c2
3117+Page 85 of 96
3118+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
3119+
3120+
3121+
3122+dates of birth, and places of employment of spouses and children 2101
3123+of such personnel; and the names and locations of schools and 2102
3124+day care facilities attended by the children of such personnel 2103
3125+are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2104
3126+Constitution. 2105
3127+ l. The home addresses, telephone numbers, dates of birth, 2106
3128+and photographs of current or former public defenders, assistant 2107
3129+public defenders, criminal conflict and civil regional counsel, 2108
3130+and assistant criminal co nflict and civil regional counsel; the 2109
3131+names, home addresses, telephone numbers, dates of birth, and 2110
3132+places of employment of the spouses and children of current or 2111
3133+former public defenders, assistant public defenders, criminal 2112
3134+conflict and civil regional co unsel, and assistant criminal 2113
3135+conflict and civil regional counsel; and the names and locations 2114
3136+of schools and day care facilities attended by the children of 2115
3137+current or former public defenders, assistant public defenders, 2116
3138+criminal conflict and civil region al counsel, and assistant 2117
3139+criminal conflict and civil regional counsel are exempt from s. 2118
3140+119.07(1) and s. 24(a), Art. I of the State Constitution. 2119
3141+ m. The home addresses, telephone numbers, dates of birth, 2120
3142+and photographs of current or former investigato rs or inspectors 2121
3143+of the Department of Business and Professional Regulation; the 2122
3144+names, home addresses, telephone numbers, dates of birth, and 2123
3145+places of employment of the spouses and children of such current 2124
3146+or former investigators and inspectors; and the n ames and 2125
3147+
3148+CS/CS/HB 875 2023
3149+
3150+
3151+
3152+CODING: Words stricken are deletions; words underlined are additions.
3153+hb0875-02-c2
3154+Page 86 of 96
3155+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
3156+
3157+
3158+
3159+locations of schools and day care facilities attended by the 2126
3160+children of such current or former investigators and inspectors 2127
3161+are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2128
3162+Constitution. 2129
3163+ n. The home addresses, telephone numbers, a nd dates of 2130
3164+birth of county tax collectors; the names, home addresses, 2131
3165+telephone numbers, dates of birth, and places of employment of 2132
3166+the spouses and children of such tax collectors; and the names 2133
3167+and locations of schools and day care facilities attended b y the 2134
3168+children of such tax collectors are exempt from s. 119.07(1) and 2135
3169+s. 24(a), Art. I of the State Constitution. 2136
3170+ o. The home addresses, telephone numbers, dates of birth, 2137
3171+and photographs of current or former personnel of the Department 2138
3172+of Health whose duties include, or result in, the determination 2139
3173+or adjudication of eligibility for social security disability 2140
3174+benefits, the investigation or prosecution of complaints filed 2141
3175+against health care practitioners, or the inspection of health 2142
3176+care practitioners o r health care facilities licensed by the 2143
3177+Department of Health; the names, home addresses, telephone 2144
3178+numbers, dates of birth, and places of employment of the spouses 2145
3179+and children of such personnel; and the names and locations of 2146
3180+schools and day care facilit ies attended by the children of such 2147
3181+personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2148
3182+the State Constitution. 2149
3183+ p. The home addresses, telephone numbers, dates of birth, 2150
3184+
3185+CS/CS/HB 875 2023
3186+
3187+
3188+
3189+CODING: Words stricken are deletions; words underlined are additions.
3190+hb0875-02-c2
3191+Page 87 of 96
3192+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
3193+
3194+
3195+
3196+and photographs of current or former impaired practitioner 2151
3197+consultants who are retained by an agency or current or former 2152
3198+employees of an impaired practitioner consultant whose duties 2153
3199+result in a determination of a person's skill and safety to 2154
3200+practice a licensed profession; the names, home addresses, 2155
3201+telephone numbers, dates of birth, and places of employment of 2156
3202+the spouses and children of such consultants or their employees; 2157
3203+and the names and locations of schools and day care facilities 2158
3204+attended by the children of such consultants or employees are 2159
3205+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2160
3206+Constitution. 2161
3207+ q. The home addresses, telephone numbers, dates of birth, 2162
3208+and photographs of current or former emergency medical 2163
3209+technicians or paramedics certified under chapter 401; the 2164
3210+names, home addresses, telephone numb ers, dates of birth, and 2165
3211+places of employment of the spouses and children of such 2166
3212+emergency medical technicians or paramedics; and the names and 2167
3213+locations of schools and day care facilities attended by the 2168
3214+children of such emergency medical technicians or paramedics are 2169
3215+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2170
3216+Constitution. 2171
3217+ r. The home addresses, telephone numbers, dates of birth, 2172
3218+and photographs of current or former personnel employed in an 2173
3219+agency's office of inspector general or intern al audit 2174
3220+department whose duties include auditing or investigating waste, 2175
3221+
3222+CS/CS/HB 875 2023
3223+
3224+
3225+
3226+CODING: Words stricken are deletions; words underlined are additions.
3227+hb0875-02-c2
3228+Page 88 of 96
3229+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
3230+
3231+
3232+
3233+fraud, abuse, theft, exploitation, or other activities that 2176
3234+could lead to criminal prosecution or administrative discipline; 2177
3235+the names, home addresses, telephone numbers, dates of bi rth, 2178
3236+and places of employment of spouses and children of such 2179
3237+personnel; and the names and locations of schools and day care 2180
3238+facilities attended by the children of such personnel are exempt 2181
3239+from s. 119.07(1) and s. 24(a), Art. I of the State 2182
3240+Constitution. 2183
3241+ s. The home addresses, telephone numbers, dates of birth, 2184
3242+and photographs of current or former directors, managers, 2185
3243+supervisors, nurses, and clinical employees of an addiction 2186
3244+treatment facility; the home addresses, telephone numbers, 2187
3245+photographs, dates of birth, and places of employment of the 2188
3246+spouses and children of such personnel; and the names and 2189
3247+locations of schools and day care facilities attended by the 2190
3248+children of such personnel are exempt from s. 119.07(1) and s. 2191
3249+24(a), Art. I of the State Const itution. For purposes of this 2192
3250+sub-subparagraph, the term "addiction treatment facility" means 2193
3251+a county government, or agency thereof, that is licensed 2194
3252+pursuant to s. 397.401 and provides substance abuse prevention, 2195
3253+intervention, or clinical treatment, incl uding any licensed 2196
3254+service component described in s. 397.311(26). 2197
3255+ t. The home addresses, telephone numbers, dates of birth, 2198
3256+and photographs of current or former directors, managers, 2199
3257+supervisors, and clinical employees of a child advocacy center 2200
3258+
3259+CS/CS/HB 875 2023
3260+
3261+
3262+
3263+CODING: Words stricken are deletions; words underlined are additions.
3264+hb0875-02-c2
3265+Page 89 of 96
3266+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
3267+
3268+
3269+
3270+that meets the standards of s. 39.3035(2) and fulfills the 2201
3271+screening requirement of s. 39.3035(3), and the members of a 2202
3272+Child Protection Team as described in s. 39.303 whose duties 2203
3273+include supporting the investigation of child abuse or sexual 2204
3274+abuse, child abandonme nt, child neglect, and child exploitation 2205
3275+or to provide services as part of a multidisciplinary case 2206
3276+review team; the names, home addresses, telephone numbers, 2207
3277+photographs, dates of birth, and places of employment of the 2208
3278+spouses and children of such person nel and members; and the 2209
3279+names and locations of schools and day care facilities attended 2210
3280+by the children of such personnel and members are exempt from s. 2211
3281+119.07(1) and s. 24(a), Art. I of the State Constitution. 2212
3282+ u. The home addresses, telephone numbers, places of 2213
3283+employment, dates of birth, and photographs of current or former 2214
3284+staff and domestic violence advocates, as defined in s. 2215
3285+90.5036(1)(b), of domestic violence centers certified by the 2216
3286+Department of Children and Families under chapter 39; the names, 2217
3287+home addresses, telephone numbers, places of employment, dates 2218
3288+of birth, and photographs of the spouses and children of such 2219
3289+personnel; and the names and locations of schools and day care 2220
3290+facilities attended by the children of such personnel are exempt 2221
3291+from s. 119.07(1) and s. 24(a), Art. I of the State 2222
3292+Constitution. 2223
3293+ 3. An agency that is the custodian of the information 2224
3294+specified in subparagraph 2. and that is not the employer of the 2225
3295+
3296+CS/CS/HB 875 2023
3297+
3298+
3299+
3300+CODING: Words stricken are deletions; words underlined are additions.
3301+hb0875-02-c2
3302+Page 90 of 96
3303+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
3304+
3305+
3306+
3307+officer, employee, justice, judge, or other person specified in 2226
3308+subparagraph 2. must maintain the exempt status of that 2227
3309+information only if the officer, employee, justice, judge, other 2228
3310+person, or employing agency of the designated employee submits a 2229
3311+written and notarized request for maintenance of the exemption 2230
3312+to the custodial agency. The request must state under oath the 2231
3313+statutory basis for the individual's exemption request and 2232
3314+confirm the individual's status as a party eligible for exempt 2233
3315+status. 2234
3316+ 4.a. A county property appraiser, as defined in s. 2235
3317+192.001(3), or a county tax collector, as defined in s. 2236
3318+192.001(4), who receives a written and notarized request for 2237
3319+maintenance of the exemption pursuant to subparagraph 3. must 2238
3320+comply by removing the name of the individual with exempt status 2239
3321+and the instrument number or Officia l Records book and page 2240
3322+number identifying the property with the exempt status from all 2241
3323+publicly available records maintained by the property appraiser 2242
3324+or tax collector. For written requests received on or before 2243
3325+July 1, 2021, a county property appraiser o r county tax 2244
3326+collector must comply with this sub -subparagraph by October 1, 2245
3327+2021. A county property appraiser or county tax collector may 2246
3328+not remove the street address, legal description, or other 2247
3329+information identifying real property within the agency's 2248
3330+records so long as a name or personal information otherwise 2249
3331+exempt from inspection and copying pursuant to this section are 2250
3332+
3333+CS/CS/HB 875 2023
3334+
3335+
3336+
3337+CODING: Words stricken are deletions; words underlined are additions.
3338+hb0875-02-c2
3339+Page 91 of 96
3340+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
3341+
3342+
3343+
3344+not associated with the property or otherwise displayed in the 2251
3345+public records of the agency. 2252
3346+ b. Any information restricted from pub lic display, 2253
3347+inspection, or copying under sub -subparagraph a. must be 2254
3348+provided to the individual whose information was removed. 2255
3349+ 5. An officer, an employee, a justice, a judge, or other 2256
3350+person specified in subparagraph 2. may submit a written request 2257
3351+for the release of his or her exempt information to the 2258
3352+custodial agency. The written request must be notarized and must 2259
3353+specify the information to be released and the party authorized 2260
3354+to receive the information. Upon receipt of the written request, 2261
3355+the custodial agency must release the specified information to 2262
3356+the party authorized to receive such information. 2263
3357+ 6. The exemptions in this paragraph apply to information 2264
3358+held by an agency before, on, or after the effective date of the 2265
3359+exemption. 2266
3360+ 7. Information made exempt under this paragraph may be 2267
3361+disclosed pursuant to s. 28.2221 to a title insurer authorized 2268
3362+pursuant to s. 624.401 and its affiliates as defined in s. 2269
3363+624.10; a title insurance agent or title insurance agency as 2270
3364+defined in s. 626.841(1) or (2), r espectively; or an attorney 2271
3365+duly admitted to practice law in this state and in good standing 2272
3366+with The Florida Bar. 2273
3367+ 8. The exempt status of a home address contained in the 2274
3368+Official Records is maintained only during the period when a 2275
3369+
3370+CS/CS/HB 875 2023
3371+
3372+
3373+
3374+CODING: Words stricken are deletions; words underlined are additions.
3375+hb0875-02-c2
3376+Page 92 of 96
3377+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
3378+
3379+
3380+
3381+protected party reside s at the dwelling location. Upon 2276
3382+conveyance of real property after October 1, 2021, and when such 2277
3383+real property no longer constitutes a protected party's home 2278
3384+address as defined in sub -subparagraph 1.a., the protected party 2279
3385+must submit a written request to release the removed information 2280
3386+to the county recorder. The written request to release the 2281
3387+removed information must be notarized, must confirm that a 2282
3388+protected party's request for release is pursuant to a 2283
3389+conveyance of his or her dwelling location, and mu st specify the 2284
3390+Official Records book and page, instrument number, or clerk's 2285
3391+file number for each document containing the information to be 2286
3392+released. 2287
3393+ 9. Upon the death of a protected party as verified by a 2288
3394+certified copy of a death certificate or court o rder, any party 2289
3395+can request the county recorder to release a protected 2290
3396+decedent's removed information unless there is a related request 2291
3397+on file with the county recorder for continued removal of the 2292
3398+decedent's information or unless such removal is otherwise 2293
3399+prohibited by statute or by court order. The written request to 2294
3400+release the removed information upon the death of a protected 2295
3401+party must attach the certified copy of a death certificate or 2296
3402+court order and must be notarized, must confirm the request for 2297
3403+release is due to the death of a protected party, and must 2298
3404+specify the Official Records book and page number, instrument 2299
3405+number, or clerk's file number for each document containing the 2300
3406+
3407+CS/CS/HB 875 2023
3408+
3409+
3410+
3411+CODING: Words stricken are deletions; words underlined are additions.
3412+hb0875-02-c2
3413+Page 93 of 96
3414+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
3415+
3416+
3417+
3418+information to be released. A fee may not be charged for the 2301
3419+release of any document pursuant to such request. 2302
3420+ 10. This paragraph is subject to the Open Government 2303
3421+Sunset Review Act in accordance with s. 119.15 and shall stand 2304
3422+repealed on October 2, 2024, unless reviewed and saved from 2305
3423+repeal through reenactment by the Legisl ature. 2306
3424+ Section 39. Subsection (4) of section 322.09, Florida 2307
3425+Statutes, is amended to read: 2308
3426+ 322.09 Application of minors; responsibility for 2309
3427+negligence or misconduct of minor. — 2310
3428+ (4) Notwithstanding subsections (1) and (2), if a 2311
3429+caregiver of a minor who is under the age of 18 years and is in 2312
3430+out-of-home care as defined in s. 39.01 s. 39.01(55), an 2313
3431+authorized representative of a residential group home at which 2314
3432+such a minor resides, the caseworker at the agency at which the 2315
3433+state has placed the minor, or a guardian ad litem specifically 2316
3434+authorized by the minor's caregiver to sign for a learner's 2317
3435+driver license signs the minor's application for a learner's 2318
3436+driver license, that caregiv er, group home representative, 2319
3437+caseworker, or guardian ad litem does not assume any obligation 2320
3438+or become liable for any damages caused by the negligence or 2321
3439+willful misconduct of the minor by reason of having signed the 2322
3440+application. Before signing the appli cation, the caseworker, 2323
3441+authorized group home representative, or guardian ad litem shall 2324
3442+notify the caregiver or other responsible party of his or her 2325
3443+
3444+CS/CS/HB 875 2023
3445+
3446+
3447+
3448+CODING: Words stricken are deletions; words underlined are additions.
3449+hb0875-02-c2
3450+Page 94 of 96
3451+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
3452+
3453+
3454+
3455+intent to sign and verify the application. 2326
3456+ Section 40. Paragraph (p) of subsection (4) of section 2327
3457+394.495, Florida Statutes, is amended to read: 2328
3458+ 394.495 Child and adolescent mental health system of care; 2329
3459+programs and services. — 2330
3460+ (4) The array of services may include, but is not limited 2331
3461+to: 2332
3462+ (p) Trauma-informed services for children who have 2333
3463+suffered sexual exploitation as defined in s. 39.01(80)(g) s. 2334
3464+39.01(77)(g). 2335
3465+ Section 41. Section 627.746, Florida Statutes, is amended 2336
3466+to read: 2337
3467+ 627.746 Coverage for minors who have a learner's driver 2338
3468+license; additional premium prohibited. —An insurer that issue s 2339
3469+an insurance policy on a private passenger motor vehicle to a 2340
3470+named insured who is a caregiver of a minor who is under the age 2341
3471+of 18 years and is in out -of-home care as defined in s. 39.01 s. 2342
3472+39.01(55) may not charge an additional premium for coverage of 2343
3473+the minor while the minor is operating the insured vehicle, for 2344
3474+the period of time that the minor has a learner's driver 2345
3475+license, until such time as the minor obtains a driver license. 2346
3476+ Section 42. Paragraph (b) of subsection (9) of section 2347
3477+768.28, Florida Statutes, is amended to read: 2348
3478+ 768.28 Waiver of sovereign immunity in tort actions; 2349
3479+recovery limits; civil liability for damages caused during a 2350
3480+
3481+CS/CS/HB 875 2023
3482+
3483+
3484+
3485+CODING: Words stricken are deletions; words underlined are additions.
3486+hb0875-02-c2
3487+Page 95 of 96
3488+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
3489+
3490+
3491+
3492+riot; limitation on attorney fees; statute of limitations; 2351
3493+exclusions; indemnification; risk management p rograms.— 2352
3494+ (9) 2353
3495+ (b) As used in this subsection, the term: 2354
3496+ 1. "Employee" includes any volunteer firefighter. 2355
3497+ 2. "Officer, employee, or agent" includes, but is not 2356
3498+limited to, any health care provider when providing services 2357
3499+pursuant to s. 766.1115; any nonprofit independent college or 2358
3500+university located and chartered in this state which owns or 2359
3501+operates an accredited medical school, and its employees or 2360
3502+agents, when providing patient services pursuant to paragraph 2361
3503+(10)(f); any public defender or her or his employee or agent, 2362
3504+including an assistant public defender or an investigator; and 2363
3505+any member of a Child Protection Team, as defined in s. 39.01 s. 2364
3506+39.01(13), when carrying out her or his duties as a team member 2365
3507+under the control, direction, and supervi sion of the state or 2366
3508+any of its agencies or subdivisions. 2367
3509+ Section 43. Paragraph (c) of subsection (1) of section 2368
3510+934.255, Florida Statutes, is amended to read: 2369
3511+ 934.255 Subpoenas in investigations of sexual offenses. — 2370
3512+ (1) As used in this section, th e term: 2371
3513+ (c) "Sexual abuse of a child" means a criminal offense 2372
3514+based on any conduct described in s. 39.01(80) s. 39.01(77). 2373
3515+ Section 44. Subsection (5) of section 960.065, Florida 2374
3516+Statutes, is amended to read: 2375
3517+
3518+CS/CS/HB 875 2023
3519+
3520+
3521+
3522+CODING: Words stricken are deletions; words underlined are additions.
3523+hb0875-02-c2
3524+Page 96 of 96
3525+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
3526+
3527+
3528+
3529+ 960.065 Eligibility for awards. — 2376
3530+ (5) A person is not ineligible for an award pursuant to 2377
3531+paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2378
3532+person is a victim of sexual exploitation of a child as defined 2379
3533+in s. 39.01(80)(g) s. 39.01(77)(g). 2380
3534+ Section 45. The Division of Law Revi sion is requested to 2381
3535+prepare a reviser's bill for the 2024 Regular Session of the 2382
3536+Legislature to substitute the term "Statewide Guardian ad Litem 2383
3537+Office" for the term "Statewide Guardian Ad Litem Program" 2384
3538+throughout the Florida Statutes. 2385
3539+ Section 46. This act shall take effect July 1, 2023. 2386