HB 1363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1363-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to costs of supervision or care of 2
children; amending s. 985.039, F.S.; removing 3
provisions providing for a fee for the costs of care 4
or supervision of certain children and for the 5
assessment and collection of such fees; providing a 6
definition; providing that such fees may not be 7
ordered to be paid by certain persons for specified 8
services; providing that balances owed for such fees 9
may not be collected; providing that unpaid civil 10
judgments for such fees are void and unenforceable; 11
providing that a warrants issued solely based on the 12
alleged failure to pay such fees are void; providing 13
that any person whose driver license was suspended for 14
failure to pay such fees shall be eligible for 15
reinstatement; providing for expiration of certain 16
provisions; amending s. 985.145, F.S.; conforming 17
provisions to changes made by the act; repealing s. 18
985.514, F.S., relating to responsibility for cost of 19
care and fees; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 985.039, Florida Statutes, is amended 24
to read: 25
HB 1363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1363-00
Page 2 of 4
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
(Substantial rewording of section. See 26
s. 985.039, F.S., for present text.) 27
985.039 Cost of supervision; cost of care. — 28
(1) As used in this section, the term "child" includes a 29
"child who is found to be dependent" as defined by s. 39.01. 30
(2) A child, parent, or guardian of such child or a young 31
adult eligible for continued car e pursuant to s. 39.6251, may 32
not be ordered or deemed obligated to pay any fees for the cost 33
of supervision or cost of care. 34
(3) On and after July 1, 2023: 35
(a) The balance of any cost of supervision or cost of care 36
fees ordered or deemed obligated aga inst a child or the parents 37
or legal guardian of a child pursuant to s. 985.039 shall be 38
unenforceable and uncollectable and, on January 1, 2024, the 39
portion of the court order imposing such costs shall be vacated. 40
Any procedures necessary to accomplish th e purposes of this 41
subsection shall not require any affirmative actions on the part 42
of any delinquent child, parent, or guardian subject to such 43
fees. The procedures shall be designed and implemented to 44
accomplish the vacatur and discharge of all such fees by January 45
1, 2024. 46
(b) All unsatisfied civil judgments, or portions of 47
judgments based on unpaid fees ordered or deemed obligated 48
pursuant to s. 985.039 on a child or the parents or legal 49
guardian of a child are deemed to be null and void and for all 50
HB 1363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1363-00
Page 3 of 4
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
legal purpose, are vacated and discharged. Any procedures 51
necessary to accomplish the purposes of this subsection shall 52
not require any affirmative actions on the part of any 53
delinquent child, parent, or guardian subject to such judgment. 54
The procedures shall be designed and implemented to accomplish 55
the vacatur and discharge of all such civil judgments by January 56
1, 2024. 57
(c) All warrants issued solely based on the alleged 58
failure of a child or the parents or legal guardian of a child, 59
to pay or to appear on a court date set for the sole purpose of 60
payment of fees ordered or deemed obligated pursuant to s. 61
985.039, are deemed to be null and void. Any procedures 62
necessary to accomplish the purposes of this subsection shall 63
not require any affirmative action s on the part of a child or 64
the parents or legal guardian of a child subject to such 65
warrant. The procedures shall be designed and implemented so as 66
to accomplish the rescinding and expungement of all such 67
warrants by January 1, 2024. 68
(d) Any child or th e parents or legal guardian of any 69
child, who has had their driver license suspended under s. 70
318.15 or s. 322.245 solely for nonpayment of cost of 71
supervision or cost of care fees ordered or deemed obligated 72
pursuant to s. 985.039 shall be immediately eli gible to have 73
their driver license reinstated. 74
(e) This subsection expires June 30, 2024. 75
HB 1363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1363-00
Page 4 of 4
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
Section 2. Subsection (2) of section 985.145, Florida 76
Statutes, is amended to read: 77
985.145 Responsibilities of the department during intake; 78
screenings and assessments.— 79
(2) Before Prior to requesting that a delinquency petition 80
be filed or before prior to filing a dependency petition, the 81
department may request the parent or legal guardian of the child 82
to attend a course of instruction in parenting skills, training 83
in conflict resolution, and the practice of nonviolence; to 84
accept counseling; or to receive other assistance from any 85
agency in the community which notifies the clerk of the court of 86
the availability of its services. Where appropriate, the 87
department shall request both parents or guardians to receive 88
such parental assistance. The department may, in determining 89
whether to request that a delinquency petition be filed, take 90
into consideration the willingness of the parent or legal 91
guardian to comply with such request. The parent or guardian 92
must provide any the department with identifying information 93
required by the department , including the parent's or guardian's 94
name, address, date of birth, social security number, and driver 95
license number or iden tification card number in order to comply 96
with s. 985.039. 97
Section 3. Section 985.514, Florida Statutes, is repealed. 98
Section 4. This act shall take effect July 1, 2023. 99