Florida 2023 Regular Session

Florida House Bill H1363 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1363 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1363-00
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to costs of supervision or care of 2
16	16	children; amending s. 985.039, F.S.; removing 3
17	17	provisions providing for a fee for the costs of care 4
18	18	or supervision of certain children and for the 5
19	19	assessment and collection of such fees; providing a 6
20	20	definition; providing that such fees may not be 7
21	21	ordered to be paid by certain persons for specified 8
22	22	services; providing that balances owed for such fees 9
23	23	may not be collected; providing that unpaid civil 10
24	24	judgments for such fees are void and unenforceable; 11
25	25	providing that a warrants issued solely based on the 12
26	26	alleged failure to pay such fees are void; providing 13
27	27	that any person whose driver license was suspended for 14
28	28	failure to pay such fees shall be eligible for 15
29	29	reinstatement; providing for expiration of certain 16
30	30	provisions; amending s. 985.145, F.S.; conforming 17
31	31	provisions to changes made by the act; repealing s. 18
32	32	985.514, F.S., relating to responsibility for cost of 19
33	33	care and fees; providing an effective date. 20
34	34	21
35	35	Be It Enacted by the Legislature of the State of Florida: 22
36	36	23
37	37	Section 1. Section 985.039, Florida Statutes, is amended 24
38	38	to read: 25
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40	40	HB 1363 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	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	51	(Substantial rewording of section. See 26
52	52	s. 985.039, F.S., for present text.) 27
53	53	985.039 Cost of supervision; cost of care. — 28
54	54	(1) As used in this section, the term "child" includes a 29
55	55	"child who is found to be dependent" as defined by s. 39.01. 30
56	56	(2) A child, parent, or guardian of such child or a young 31
57	57	adult eligible for continued car e pursuant to s. 39.6251, may 32
58	58	not be ordered or deemed obligated to pay any fees for the cost 33
59	59	of supervision or cost of care. 34
60	60	(3) On and after July 1, 2023: 35
61	61	(a) The balance of any cost of supervision or cost of care 36
62	62	fees ordered or deemed obligated aga inst a child or the parents 37
63	63	or legal guardian of a child pursuant to s. 985.039 shall be 38
64	64	unenforceable and uncollectable and, on January 1, 2024, the 39
65	65	portion of the court order imposing such costs shall be vacated. 40
66	66	Any procedures necessary to accomplish th e purposes of this 41
67	67	subsection shall not require any affirmative actions on the part 42
68	68	of any delinquent child, parent, or guardian subject to such 43
69	69	fees. The procedures shall be designed and implemented to 44
70	70	accomplish the vacatur and discharge of all such fees by January 45
71	71	1, 2024. 46
72	72	(b) All unsatisfied civil judgments, or portions of 47
73	73	judgments based on unpaid fees ordered or deemed obligated 48
74	74	pursuant to s. 985.039 on a child or the parents or legal 49
75	75	guardian of a child are deemed to be null and void and for all 50
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77	77	HB 1363 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	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	88	legal purpose, are vacated and discharged. Any procedures 51
89	89	necessary to accomplish the purposes of this subsection shall 52
90	90	not require any affirmative actions on the part of any 53
91	91	delinquent child, parent, or guardian subject to such judgment. 54
92	92	The procedures shall be designed and implemented to accomplish 55
93	93	the vacatur and discharge of all such civil judgments by January 56
94	94	1, 2024. 57
95	95	(c) All warrants issued solely based on the alleged 58
96	96	failure of a child or the parents or legal guardian of a child, 59
97	97	to pay or to appear on a court date set for the sole purpose of 60
98	98	payment of fees ordered or deemed obligated pursuant to s. 61
99	99	985.039, are deemed to be null and void. Any procedures 62
100	100	necessary to accomplish the purposes of this subsection shall 63
101	101	not require any affirmative action s on the part of a child or 64
102	102	the parents or legal guardian of a child subject to such 65
103	103	warrant. The procedures shall be designed and implemented so as 66
104	104	to accomplish the rescinding and expungement of all such 67
105	105	warrants by January 1, 2024. 68
106	106	(d) Any child or th e parents or legal guardian of any 69
107	107	child, who has had their driver license suspended under s. 70
108	108	318.15 or s. 322.245 solely for nonpayment of cost of 71
109	109	supervision or cost of care fees ordered or deemed obligated 72
110	110	pursuant to s. 985.039 shall be immediately eli gible to have 73
111	111	their driver license reinstated. 74
112	112	(e) This subsection expires June 30, 2024. 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	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	125	Section 2. Subsection (2) of section 985.145, Florida 76
126	126	Statutes, is amended to read: 77
127	127	985.145 Responsibilities of the department during intake; 78
128	128	screenings and assessments.— 79
129	129	(2) Before Prior to requesting that a delinquency petition 80
130	130	be filed or before prior to filing a dependency petition, the 81
131	131	department may request the parent or legal guardian of the child 82
132	132	to attend a course of instruction in parenting skills, training 83
133	133	in conflict resolution, and the practice of nonviolence; to 84
134	134	accept counseling; or to receive other assistance from any 85
135	135	agency in the community which notifies the clerk of the court of 86
136	136	the availability of its services. Where appropriate, the 87
137	137	department shall request both parents or guardians to receive 88
138	138	such parental assistance. The department may, in determining 89
139	139	whether to request that a delinquency petition be filed, take 90
140	140	into consideration the willingness of the parent or legal 91
141	141	guardian to comply with such request. The parent or guardian 92
142	142	must provide any the department with identifying information 93
143	143	required by the department , including the parent's or guardian's 94
144	144	name, address, date of birth, social security number, and driver 95
145	145	license number or iden tification card number in order to comply 96
146	146	with s. 985.039. 97
147	147	Section 3. Section 985.514, Florida Statutes, is repealed. 98
148	148	Section 4. This act shall take effect July 1, 2023. 99