FL
Florida House Bill H1571

Florida 2023 Regular Session

Florida House Bill H1571 Compare Versions

OldNewDifferences
11
2-ENROLLED
3-CS/HB 1571 2023 Legislature
2+
3+CS/HB 1571 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1571-02-er
8+hb1571-01-c1
99 Page 1 of 14
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
1111
1212
1313
14- 1
14+A bill to be entitled 1
1515 An act relating to juvenile court proceedings; 2
1616 amending s. 39.013, F.S.; authorizing individuals to 3
1717 appear at or attend dependency proceedings through 4
1818 audio or audio-video communication technology, except 5
1919 under certain circumstances; amending s. 39.0131, 6
2020 F.S.; requiring parties in certain proceedings to 7
2121 provide their primary e -mail addresses to the court; 8
2222 authorizing the court to excuse parties from such 9
2323 requirement for good cause shown; requiring the court 10
2424 to excuse certain parties from such requirement; 11
2525 amending s. 39.402, F.S.; requiring that court notices 12
2626 for shelter placement hearings held through audio or 13
2727 audio-video communication technology include certain 14
2828 information; amending s. 39.502, F.S.; specifying how 15
2929 parties to certain hearings involving chil dren may 16
3030 consent to service or notice by e -mail; requiring that 17
3131 certain summonses and notices contain instructions for 18
3232 appearance through audio or audio -video communication 19
3333 technology; amending s. 39.506, F.S.; requiring 20
3434 parties at arraignment hearings to provide their 21
3535 primary e-mail addresses to the court; authorizing the 22
3636 court to excuse parties from such requirement for good 23
3737 cause shown; requiring the court to excuse certain 24
3838 parties from such requirement; conforming provisions 25
39-ENROLLED
40-CS/HB 1571 2023 Legislature
39+
40+CS/HB 1571 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1571-02-er
45+hb1571-01-c1
4646 Page 2 of 14
4747 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
4848
4949
5050
5151 to changes made by the act; amending ss. 39.521 and 26
5252 39.801, F.S.; conforming provisions to changes made by 27
5353 the act; amending s. 92.54, F.S.; authorizing the use 28
5454 of audio-video communication technology for showing 29
5555 testimonies in proceedings involving a victim or 30
5656 witness under the age of 18 or who has an intellectual 31
5757 disability; amending s. 985.319, F.S.; requiring that 32
5858 summonses for juvenile delinquency hearings held 33
5959 through audio or audio -video communication technology 34
6060 provide certain information; providing an effective 35
6161 date. 36
6262 37
6363 Be It Enacted by the Legislature of the State of Florida: 38
6464 39
6565 Section 1. Subsection (13) is added to section 39.013, 40
6666 Florida Statutes, to read: 41
6767 39.013 Procedures and jurisdiction; right to counsel. — 42
6868 (13) Except as otherwise provided in this chapter, an 43
6969 individual's appearance or attendance at dependency proceedings 44
7070 may be through his or her physical appearance or attendance or, 45
7171 by agreement of the parties or at the discretion of the court, 46
7272 through audio or audio -video communication technology, unless 47
7373 the court determines that appearance through audio or audio -48
7474 video communication technology is inconsistent with the United 49
7575 States Constitution, the State Constitution, a statute, a rule 50
76-ENROLLED
77-CS/HB 1571 2023 Legislature
76+
77+CS/HB 1571 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1571-02-er
82+hb1571-01-c1
8383 Page 3 of 14
8484 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
8585
8686
8787
8888 of court, or a court order. 51
8989 Section 2. Section 39.0131, Florida Stat utes, is amended 52
9090 to read: 53
9191 39.0131 Permanent mailing address and primary e-mail 54
9292 address designation.—Upon the first appearance before the court, 55
9393 each party shall provide to the court a permanent mailing 56
9494 address and primary e-mail address. The court shall advise each 57
9595 party that these addresses this address will be used by the 58
9696 court and the petitioner for notice purposes unless and until 59
9797 the party notifies the court and the petitioner in writing of a 60
9898 new mailing address or e-mail address. The court may excuse a 61
9999 party from the requirement to provide an e -mail address for good 62
100100 cause shown. The court must excuse a party who is incarcerated 63
101101 and not represented by an attorney from the requirement to 64
102102 provide an e-mail address. 65
103103 Section 3. Subsection (16) of sect ion 39.402, Florida 66
104104 Statutes, is amended to read: 67
105105 39.402 Placement in a shelter. — 68
106106 (16) At the conclusion of a shelter hearing, the court 69
107107 shall notify all parties in writing of the next scheduled 70
108108 hearing to review the shelter placement. If the hearing will be 71
109109 held through audio or audio -video communication technology, the 72
110110 written notice must include all relevant information needed to 73
111111 attend the proceeding. The hearing must shall be held no later 74
112112 than 30 days after placement of the child in shelter status , in 75
113-ENROLLED
114-CS/HB 1571 2023 Legislature
113+
114+CS/HB 1571 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1571-02-er
119+hb1571-01-c1
120120 Page 4 of 14
121121 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
122122
123123
124124
125125 conjunction with the arraignment hearing, and at such times as 76
126126 are otherwise provided by law or determined by the court to be 77
127127 necessary. 78
128128 Section 4. Subsections (1), (4), (5), (18), and (19) of 79
129129 section 39.502, Florida Statutes, are amended to read: 80
130130 39.502 Notice, process, and service. — 81
131131 (1) Unless parental rights have been terminated, all 82
132132 parents must be notified of all proceedings or hearings 83
133133 involving the child. Notice in cases involving shelter hearings 84
134134 and hearings resulting from medical emer gencies must be provided 85
135135 in the manner that most likely to result in actual notice to the 86
136136 parents. A party may consent to service or notice by e -mail by 87
137137 providing a primary e -mail address to the clerk of the court. In 88
138138 all other dependency proceedings, noti ce must be provided in 89
139139 accordance with subsections (4) -(9), except when a relative 90
140140 requests notification pursuant to s. 39.301(14)(b), in which 91
141141 case notice shall be provided pursuant to subsection (19). 92
142142 (4) The summons must shall require the person on wh om it 93
143143 is served to appear for a hearing at a time and place specified, 94
144144 not less than 72 hours after service of the summons. If 95
145145 applicable, the summons must also include instructions for 96
146146 appearing at the hearing through audio or audio -video 97
147147 communication technology. A copy of the petition shall be 98
148148 attached to the summons. 99
149149 (5) The summons must shall be directed to, and shall be 100
150-ENROLLED
151-CS/HB 1571 2023 Legislature
150+
151+CS/HB 1571 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1571-02-er
156+hb1571-01-c1
157157 Page 5 of 14
158158 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
159159
160160
161161
162162 served upon, all parties other than the petitioner. A party may 101
163163 consent to service by e -mail by providing a primary e -mail 102
164164 address to the clerk of the court. 103
165165 (18) In all proceedings under this part, the court shall 104
166166 provide to the parent or legal custodian of the child, at the 105
167167 conclusion of any hearing, a written notice containing the date 106
168168 of the next scheduled hearing. The court shall also include the 107
169169 date of the next hearing in any order issued by the court. If 108
170170 the hearing is to be conducted through audio or audio -video 109
171171 communication technology, the instructions for appearance must 110
172172 also be included. 111
173173 (19) In all proceedings and hearings under this chapter, 112
174174 the attorney for the department shall notify, orally or in 113
175175 writing, a relative requesting notification pursuant to s. 114
176176 39.301(14)(b) of the date, time, and location of such 115
177177 proceedings and hearings and, if applicable, the instructions 116
178178 for appearance through a udio or audio-video communication 117
179179 technology, and notify the relative that he or she has the right 118
180180 to attend all subsequent proceedings and hearings, to submit 119
181181 reports to the court, and to speak to the court regarding the 120
182182 child, if the relative so desires. The court has the discretion 121
183183 to release the attorney for the department from notifying a 122
184184 relative who requested notification pursuant to s. 39.301(14)(b) 123
185185 if the relative's involvement is determined to be impeding the 124
186186 dependency process or detrimental to t he child's well-being. 125
187-ENROLLED
188-CS/HB 1571 2023 Legislature
187+
188+CS/HB 1571 2023
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1571-02-er
193+hb1571-01-c1
194194 Page 6 of 14
195195 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
196196
197197
198198
199199 Section 5. Subsections (3) and (4) of section 39.506, 126
200200 Florida Statutes, are amended to read: 127
201201 39.506 Arraignment hearings. — 128
202202 (3) Failure of a person served with notice to personally 129
203203 appear at the arraignment hearing constitutes the person's 130
204204 consent to a dependency adjudication. The document containing 131
205205 the notice to respond or appear must contain, in type at least 132
206206 as large as the balance of the document, the following or 133
207207 substantially similar language: "FAILURE TO PERSONALLY APPEAR AT 134
208208 THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION 135
209209 OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) 136
210210 AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR 137
211211 CHILDREN)." If a person appears for the arraignment hearing and 138
212212 the court orders that person to personally appear, either 139
213213 physically or through audio -video communication technology, at 140
214214 the adjudicatory hearing for dependency, stating the date, time, 141
215215 and place, and, if applicable, the instructions for appearance 142
216216 through audio-video communication technology, of the 143
217217 adjudicatory hearing, then that person's failure to appear for 144
218218 the scheduled adjudicatory hearing constitutes consent to a 145
219219 dependency adjudication. 146
220220 (4) At the arraignment hearing, each party shall provide 147
221221 to the court a permanent mailing address and a primary e-mail 148
222222 address. The court shall advise each party that these addresses 149
223223 this address will be used by the court and the petitioner for 150
224-ENROLLED
225-CS/HB 1571 2023 Legislature
224+
225+CS/HB 1571 2023
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1571-02-er
230+hb1571-01-c1
231231 Page 7 of 14
232232 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
233233
234234
235235
236236 notice purposes unless and until the party notifies the court 151
237237 and the petitioner in writing of a new mailing or e-mail 152
238238 address. The court may excuse a party from the requirement to 153
239239 provide an e-mail address for good cause shown. The court must 154
240240 excuse a party who is incarcerated and not represented by an 155
241241 attorney from the requirement to provide an e -mail address. 156
242242 Section 6. Paragraph (e) of subsection (1) of section 157
243243 39.521, Florida Statutes, is amended to read: 158
244244 39.521 Disposition hearings; powers of disposition. — 159
245245 (1) A disposition hearing shall be conducted by the c ourt, 160
246246 if the court finds that the facts alleged in the petition for 161
247247 dependency were proven in the adjudicatory hearing, or if the 162
248248 parents or legal custodians have consented to the finding of 163
249249 dependency or admitted the allegations in the petition, have 164
250250 failed to appear for the arraignment hearing after proper 165
251251 notice, or have not been located despite a diligent search 166
252252 having been conducted. 167
253253 (e) The court shall, in its written order of disposition, 168
254254 include all of the following: 169
255255 1. The placement or custody of the child. 170
256256 2. Special conditions of placement and visitation. 171
257257 3. Evaluation, counseling, treatment activities, and other 172
258258 actions to be taken by the parties, if ordered. 173
259259 4. The persons or entities responsible for supervising or 174
260260 monitoring services to the child and parent. 175
261-ENROLLED
262-CS/HB 1571 2023 Legislature
261+
262+CS/HB 1571 2023
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1571-02-er
267+hb1571-01-c1
268268 Page 8 of 14
269269 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
270270
271271
272272
273273 5. Continuation or discharge of the guardian ad litem, as 176
274274 appropriate. 177
275275 6. The date, time, and location of the next scheduled 178
276276 review hearing and, if applicable, instructions for appearance 179
277277 through audio or audio -video communication technology, which 180
278278 must occur within the earlier of: 181
279279 a. Ninety days after the disposition hearing; 182
280280 b. Ninety days after the court accepts the case plan; 183
281281 c. Six months after the date of the last review hearing; 184
282282 or 185
283283 d. Six months after the date of the child's removal from 186
284284 his or her home, if no review hearing has been held since the 187
285285 child's removal from the home. 188
286286 7. If the child is in an out -of-home placement, child 189
287287 support to be paid by the parents, or the guardian of the 190
288288 child's estate if posses sed of assets which under law may be 191
289289 disbursed for the care, support, and maintenance of the child. 192
290290 The court may exercise jurisdiction over all child support 193
291291 matters, shall adjudicate the financial obligation, including 194
292292 health insurance, of the child's pa rents or guardian, and shall 195
293293 enforce the financial obligation as provided in chapter 61. The 196
294294 state's child support enforcement agency shall enforce child 197
295295 support orders under this section in the same manner as child 198
296296 support orders under chapter 61. Placeme nt of the child is shall 199
297297 not be contingent upon issuance of a support order. 200
298-ENROLLED
299-CS/HB 1571 2023 Legislature
298+
299+CS/HB 1571 2023
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb1571-02-er
304+hb1571-01-c1
305305 Page 9 of 14
306306 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
307307
308308
309309
310310 8.a. If the court does not commit the child to the 201
311311 temporary legal custody of an adult relative, legal custodian, 202
312312 or other adult approved by the court, the disposition order must 203
313313 include the reasons for such a decision and shall include a 204
314314 determination as to whether diligent efforts were made by the 205
315315 department to locate an adult relative, legal custodian, or 206
316316 other adult willing to care for the child in order to present 207
317317 that placement option to the court instead of placement with the 208
318318 department. 209
319319 b. If a no suitable relative is not found and the child is 210
320320 placed with the department or a legal custodian or other adult 211
321321 approved by the court, both the department and the court must 212
322322 shall consider transferring temporary legal custody to an adult 213
323323 relative approved by the court at a later date, but neither the 214
324324 department nor the court is obligated to so place the child if 215
325325 it is in the child's best interest to remain in the current 216
326326 placement. 217
327327 218
328328 For the purposes of this section, "diligent efforts to locate an 219
329329 adult relative" means a search similar to the diligent search 220
330330 for a parent, but without the continuing obligation to search 221
331331 after an initial adequate search is completed. 222
332332 9. Other requirements necessary to protect the health, 223
333333 safety, and well-being of the child, to preserve the stability 224
334334 of the child's child care, early education program, or any other 225
335-ENROLLED
336-CS/HB 1571 2023 Legislature
335+
336+CS/HB 1571 2023
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb1571-02-er
341+hb1571-01-c1
342342 Page 10 of 14
343343 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
344344
345345
346346
347347 educational placement, and to promote family preservation or 226
348348 reunification whenever possible. 227
349349 Section 7. Paragraphs (a) and (d) of subsection (3) of 228
350350 section 39.801, Florida Statutes, are amended to read: 229
351351 39.801 Procedures and jurisdiction; notice; service of 230
352352 process.— 231
353353 (3) Before the court may terminate parental rights, in 232
354354 addition to the other requirements set forth in this part, the 233
355355 following requirements mus t be met: 234
356356 (a) Notice of the date, time, and place of the advisory 235
357357 hearing for the petition to terminate parental rights ; if 236
358358 applicable, instructions for appearance through audio -video 237
359359 communication technology; and a copy of the petition must be 238
360360 personally served upon the following persons, specifically 239
361361 notifying them that a petition has been filed: 240
362362 1. The parents of the child. 241
363363 2. The legal custodians of the child. 242
364364 3. If the parents who would be entitled t o notice are dead 243
365365 or unknown, a living relative of the child, unless upon diligent 244
366366 search and inquiry no such relative can be found. 245
367367 4. Any person who has physical custody of the child. 246
368368 5. Any grandparent entitled to priority for adoption under 247
369369 s. 63.0425. 248
370370 6. Any prospective parent who has been identified under s. 249
371371 39.503 or s. 39.803, unless a court order has been entered 250
372-ENROLLED
373-CS/HB 1571 2023 Legislature
372+
373+CS/HB 1571 2023
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb1571-02-er
378+hb1571-01-c1
379379 Page 11 of 14
380380 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
381381
382382
383383
384384 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 251
385385 indicates no further notice is required. Except as otherwise 252
386386 provided in this section, if there is not a legal father, notice 253
387387 of the petition for termination of parental rights must be 254
388388 provided to any known prospective father who is identified under 255
389389 oath before the court or who is identified by a diligent search 256
390390 of the Florida Putative Father Registry. Service of the notice 257
391391 of the petition for termination of parental rights is not 258
392392 required if the prospective father executes an affidavit of 259
393393 nonpaternity or a consent to termination of his parental rights 260
394394 which is accepted by th e court after notice and opportunity to 261
395395 be heard by all parties to address the best interests of the 262
396396 child in accepting such affidavit. 263
397397 7. The guardian ad litem for the child or the 264
398398 representative of the guardian ad litem program, if the program 265
399399 has been appointed. 266
400400 267
401401 A party may consent to service or notice by e -mail by providing 268
402402 a primary e-mail address to the clerk of the court. The document 269
403403 containing the notice to respond or appear must contain, in type 270
404404 at least as large as the type in the balance of t he document, 271
405405 the following or substantially similar language: "FAILURE TO 272
406406 PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT 273
407407 TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR 274
408408 CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED , 275
409-ENROLLED
410-CS/HB 1571 2023 Legislature
409+
410+CS/HB 1571 2023
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb1571-02-er
415+hb1571-01-c1
416416 Page 12 of 14
417417 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
418418
419419
420420
421421 YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR 276
422422 CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE." 277
423423 (d) If the person served with notice under this section 278
424424 fails to personally appear at the advisory hearing, either 279
425425 physically or, by agre ement of the parties or at the discretion 280
426426 of the court, through audio -video communication technology, the 281
427427 failure to personally appear constitutes shall constitute 282
428428 consent for termination of parental rights by the person given 283
429429 notice. If a parent appears f or the advisory hearing and the 284
430430 court orders that parent to personally appear at the 285
431431 adjudicatory hearing for the petition for termination of 286
432432 parental rights, stating the date, time, and location of the 287
433433 said hearing and, if applicable, instructions for app earance 288
434434 through audio-video communication technology , then failure of 289
435435 that parent to personally appear, either physically or, by 290
436436 agreement of the parties or at the discretion of the court, 291
437437 through audio-video communication technology, at the 292
438438 adjudicatory hearing constitutes shall constitute consent for 293
439439 termination of parental rights. 294
440440 Section 8. Subsections (1) and (4) of section 92.54, 295
441441 Florida Statutes, are amended to read: 296
442442 92.54 Use of closed -circuit television and audio-video 297
443443 communication technolog y in proceedings involving a victim or 298
444444 witness under the age of 18 or who has an intellectual 299
445445 disability.— 300
446-ENROLLED
447-CS/HB 1571 2023 Legislature
446+
447+CS/HB 1571 2023
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb1571-02-er
452+hb1571-01-c1
453453 Page 13 of 14
454454 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
455455
456456
457457
458458 (1) Upon motion and hearing in camera and upon a finding 301
459459 that there is a substantial likelihood that a victim or witness 302
460460 under the age of 18 or who has an intellectual disability will 303
461461 suffer at least moderate emotional or mental harm due to the 304
462462 presence of the defendant if such victim or witness is required 305
463463 to testify in open court, or is unavailable as defined in s. 306
464464 90.804(1), the trial court may or der that the testimony of the 307
465465 victim or witness be taken outside of the courtroom and shown by 308
466466 means of closed-circuit television or through audio-video 309
467467 communication technology . 310
468468 (4) During the victim's or witness's testimony by closed -311
469469 circuit television or through audio-video communication 312
470470 technology, the court may require the defendant to view the 313
471471 testimony from the courtroom. In such a case, the court shall 314
472472 permit the defendant to observe and hear the testimony of the 315
473473 victim or witness, but must ensure that the victim or witness 316
474474 cannot hear or see the defendant. The defendant's right to 317
475475 assistance of counsel, which includes the right to immediate and 318
476476 direct communication with counsel conducting cross -examination, 319
477477 must be protected and, upon the defendan t's request, such 320
478478 communication must be provided by any appropriate electronic 321
479479 method. 322
480480 Section 9. Subsection (3) of section 985.319, Florida 323
481481 Statutes, is amended to read: 324
482482 985.319 Process and service. — 325
483-ENROLLED
484-CS/HB 1571 2023 Legislature
483+
484+CS/HB 1571 2023
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb1571-02-er
489+hb1571-01-c1
490490 Page 14 of 14
491491 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
492492
493493
494494
495495 (3) The summons must shall have a copy of the p etition 326
496496 attached and must shall require the person on whom it is served 327
497497 to appear for a hearing at a time and place specified. If the 328
498498 hearing is to be held through audio or audio -video communication 329
499499 technology, the summons must provide instructions on how to 330
500500 attend the hearing. Except in cases of medical emergency, the 331
501501 time may not be less than 24 hours after service of the summons. 332
502502 If the child is not detained by an order of the court, the 333
503503 summons must shall require the custodian of the child to produce 334
504504 the child at the said time and place. 335
505505 Section 10. This act shall take effect upon becoming a 336
506506 law. 337