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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to juvenile court proceedings; 2
amending s. 39.013, F.S.; authorizing individuals to 3
appear at or attend dependency proceedings through 4
audio or audio-video communication technology, except 5
under certain circumstances; amending s. 39.0131, 6
F.S.; requiring parties in certain proceedings to 7
provide their primary e -mail addresses to the court; 8
authorizing the court to excuse parties from such 9
requirement for good cause shown; requiring the court 10
to excuse certain parties from such requirement; 11
amending s. 39.402, F.S.; requiring that court notices 12
for shelter placement hearings held through audio or 13
audio-video communication technology include certain 14
information; amending s. 39.502, F.S.; specifying how 15
parties to certain hearings involving children may 16
consent to service or notice by e -mail; requiring that 17
certain summonses and notices contain instructions for 18
appearance through audio or audi o-video communication 19
technology; amending s. 39.506, F.S.; requiring 20
parties at arraignment hearings to provide their 21
primary e-mail addresses to the court; authorizing the 22
court to excuse parties from such requirement for good 23
cause shown; requiring the court to excuse certain 24
parties from such requirement; conforming provisions 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to changes made by the act; amending ss. 39.521 and 26
39.801, F.S.; conforming provisions to changes made by 27
the act; amending s. 92.54, F.S.; authorizing the use 28
of audio-video communication technology for showing 29
testimonies in proceedings involving a victim or 30
witness under the age of 18 or who has an intellectual 31
disability; amending s. 985.319, F.S.; requiring that 32
summonses for juvenile delinquency hearings held 33
through audio or audio-video communication technology 34
provide certain information; providing an effective 35
date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Subsection (13) is added to section 39.013, 40
Florida Statutes, to read: 41
39.013 Procedures and jurisdiction; right to counsel. — 42
(13) Except as otherwise provided in this chapter, an 43
individual's appearance or attendance at dependency proceedings 44
may be through his or her physical appearance or attendance or, 45
by agreement of the pa rties or at the discretion of the court, 46
through audio or audio -video communication technology, unless 47
the court determines that appearance through audio or audio -48
video communication technology is inconsistent with the United 49
States Constitution, the State Constitution, a statute, a rule 50
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of court, or a court order. 51
Section 2. Section 39.0131, Florida Statutes, is amended 52
to read: 53
39.0131 Permanent mailing address and primary e-mail 54
address designation.—Upon the first appearance before the court, 55
each party shall provide to the court a permanent mailing 56
address and primary e-mail address. The court shall advise each 57
party that these addresses this address will be used by the 58
court and the petitioner for notice purposes unless and until 59
the party notifies the court and the petitioner in writing of a 60
new mailing address or e-mail address. The court may excuse a 61
party from the requirement to provide an e -mail address for good 62
cause shown. The court must excuse a party who is incarcerated 63
and not represented by an attorney from the requirement to 64
provide an e-mail address. 65
Section 3. Subsection (16) of section 39.402, Florida 66
Statutes, is amended to read: 67
39.402 Placement in a shelter. — 68
(16) At the conclusion of a shelter hearing, the court 69
shall notify all parties in writing of the next scheduled 70
hearing to review the shelter placement. If the hearing will be 71
held through audio or audio -video communication technology, the 72
written notice must include all relevant information needed to 73
attend the proceeding. The hearing must shall be held no later 74
than 30 days after placement of the child in shelter status, in 75
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conjunction with the arraignment hearing, and at such times as 76
are otherwise provided by law or determined by the court to be 77
necessary. 78
Section 4. Subsections (1), (4), (5), (18), and (19) of 79
section 39.502, Florida Statutes, are amended to read: 80
39.502 Notice, process, and service. — 81
(1) Unless parental rights have been terminated, all 82
parents must be notified of all proceedings or hearings 83
involving the child. Notice in cases involving shelter hearings 84
and hearings resulting from medical emergencies must be provided 85
in the manner that most likely to result in actual notice to the 86
parents. A party may consent to service or notice by e -mail by 87
providing a primary e -mail address to the clerk of the court. In 88
all other dependency proceedings, notice must be provided in 89
accordance with subsections (4) -(9), except when a relative 90
requests notification pursuant to s. 39.301(14)(b), in which 91
case notice shall be provided pursuant to subsection (19). 92
(4) The summons must shall require the person on whom it 93
is served to appear for a hearing at a time and place specified, 94
not less than 72 hours after service of the summons. If 95
applicable, the summons must also include instructions for 96
appearing at the hearing through audio or audio -video 97
communication technology. A copy of the petition shall be 98
attached to the summons. 99
(5) The summons must shall be directed to, and shall be 100
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served upon, all parties o ther than the petitioner. A party may 101
consent to service by e -mail by providing a primary e -mail 102
address to the clerk of the court. 103
(18) In all proceedings under this part, the court shall 104
provide to the parent or legal custodian of the child, at the 105
conclusion of any hearing, a written notice containing the date 106
of the next scheduled hearing. The court shall also include the 107
date of the next hearing in any order issued by the court. If 108
the hearing is to be conducted through audio or audio -video 109
communication technology, the instructions for appearance must 110
also be included. 111
(19) In all proceedings and hearings under this chapter, 112
the attorney for the department shall notify, orally or in 113
writing, a relative requesting notification pursuant to s. 114
39.301(14)(b) of the date, time, and location of such 115
proceedings and hearings and, if applicable, the instructions 116
for appearance through audio or audio -video communication 117
technology, and notify the relative that he or she has the right 118
to attend all subsequ ent proceedings and hearings, to submit 119
reports to the court, and to speak to the court regarding the 120
child, if the relative so desires. The court has the discretion 121
to release the attorney for the department from notifying a 122
relative who requested notific ation pursuant to s. 39.301(14)(b) 123
if the relative's involvement is determined to be impeding the 124
dependency process or detrimental to the child's well -being. 125
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Section 5. Subsections (3) and (4) of section 39.506, 126
Florida Statutes, are amended to read: 127
39.506 Arraignment hearings. — 128
(3) Failure of a person served with notice to personally 129
appear at the arraignment hearing constitutes the person's 130
consent to a dependency adjudication. The document containing 131
the notice to respond or appear must contain , in type at least 132
as large as the balance of the document, the following or 133
substantially similar language: "FAILURE TO PERSONALLY APPEAR AT 134
THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION 135
OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD ( OR CHILDREN) 136
AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR 137
CHILDREN)." If a person appears for the arraignment hearing and 138
the court orders that person to personally appear, either 139
physically or through audio -video communication technology , at 140
the adjudicatory hearing for dependency, stating the date, time, 141
and place, and, if applicable, the instructions for appearance 142
through audio-video communication technology, of the 143
adjudicatory hearing, then that person's failure to appear for 144
the scheduled adjudicatory hearing constitutes consent to a 145
dependency adjudication. 146
(4) At the arraignment hearing, each party shall provide 147
to the court a permanent mailing address and a primary e-mail 148
address. The court shall advise each party that these addresses 149
this address will be used by the court and the petitioner for 150
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notice purposes unless and until the party notifies the court 151
and the petitioner in writing of a new mailing or e-mail 152
address. The court may excuse a party from the requirement to 153
provide an e-mail address for good cause shown. The court must 154
excuse a party who is incarcerated and not represented by an 155
attorney from the requirement to provide an e -mail address. 156
Section 6. Paragraph (e) of subsection (1) of section 157
39.521, Florida Stat utes, is amended to read: 158
39.521 Disposition hearings; powers of disposition. — 159
(1) A disposition hearing shall be conducted by the court, 160
if the court finds that the facts alleged in the petition for 161
dependency were proven in the adjudicatory hearing, or if the 162
parents or legal custodians have consented to the finding of 163
dependency or admitted the allegations in the petition, have 164
failed to appear for the arraignment hearing after proper 165
notice, or have not been located despite a diligent search 166
having been conducted. 167
(e) The court shall, in its written order of disposition, 168
include all of the following: 169
1. The placement or custody of the child. 170
2. Special conditions of placement and visitation. 171
3. Evaluation, counseling, treatment activities, an d other 172
actions to be taken by the parties, if ordered. 173
4. The persons or entities responsible for supervising or 174
monitoring services to the child and parent. 175
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5. Continuation or discharge of the guardian ad litem, as 176
appropriate. 177
6. The date, time, a nd location of the next scheduled 178
review hearing and, if applicable, instructions for appearance 179
through audio or audio -video communication technology , which 180
must occur within the earlier of: 181
a. Ninety days after the disposition hearing; 182
b. Ninety days after the court accepts the case plan; 183
c. Six months after the date of the last review hearing; 184
or 185
d. Six months after the date of the child's removal from 186
his or her home, if no review hearing has been held since the 187
child's removal from the home. 188
7. If the child is in an out -of-home placement, child 189
support to be paid by the parents, or the guardian of the 190
child's estate if possessed of assets which under law may be 191
disbursed for the care, support, and maintenance of the child. 192
The court may exerci se jurisdiction over all child support 193
matters, shall adjudicate the financial obligation, including 194
health insurance, of the child's parents or guardian, and shall 195
enforce the financial obligation as provided in chapter 61. The 196
state's child support enfor cement agency shall enforce child 197
support orders under this section in the same manner as child 198
support orders under chapter 61. Placement of the child is shall 199
not be contingent upon issuance of a support order. 200
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8.a. If the court does not commit the child to the 201
temporary legal custody of an adult relative, legal custodian, 202
or other adult approved by the court, the disposition order must 203
include the reasons for such a decision and shall include a 204
determination as to whether diligent efforts were made by the 205
department to locate an adult relative, legal custodian, or 206
other adult willing to care for the child in order to present 207
that placement option to the court instead of placement with the 208
department. 209
b. If a no suitable relative is not found and the child is 210
placed with the department or a legal custodian or other adult 211
approved by the court, both the department and the court must 212
shall consider transferring temporary legal custody to an adult 213
relative approved by the court at a later date, but neither the 214
department nor the court is obligated to so place the child if 215
it is in the child's best interest to remain in the current 216
placement. 217
218
For the purposes of this section, "diligent efforts to locate an 219
adult relative" means a search similar to the diligent search 220
for a parent, but without the continuing obligation to search 221
after an initial adequate search is completed. 222
9. Other requirements necessary to protect the health, 223
safety, and well-being of the child, to preserve the stability 224
of the child's child care, early education program, or any other 225
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educational placement, and to promote family preservation or 226
reunification whenever possible. 227
Section 7. Paragraphs (a) and (d) of subsection (3) of 228
section 39.801, Florida Statutes, are amended to read: 229
39.801 Procedures and jurisdiction; notice; service of 230
process.— 231
(3) Before the court may terminate parental rights, in 232
addition to the other requirements set forth in this part, the 233
following requirements mus t be met: 234
(a) Notice of the date, time, and place of the advisory 235
hearing for the petition to terminate parental rights ; if 236
applicable, instructions for appearance through audio -video 237
communication technology; and a copy of the petition must be 238
personally served upon the following persons, specifically 239
notifying them that a petition has been filed: 240
1. The parents of the child. 241
2. The legal custodians of the child. 242
3. If the parents who would be entitled to notice are dead 243
or unknown, a living relative of the child, unless upon diligent 244
search and inquiry no such relative can be found. 245
4. Any person who has physical custody of the child. 246
5. Any grandparent entitled to priority for adoption under 247
s. 63.0425. 248
6. Any prospective parent who has been identified under s. 249
39.503 or s. 39.803, unless a court order has been entered 250
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pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 251
indicates no further notice is required. Except as otherwise 252
provided in this section, if there is not a l egal father, notice 253
of the petition for termination of parental rights must be 254
provided to any known prospective father who is identified under 255
oath before the court or who is identified by a diligent search 256
of the Florida Putative Father Registry. Service of the notice 257
of the petition for termination of parental rights is not 258
required if the prospective father executes an affidavit of 259
nonpaternity or a consent to termination of his parental rights 260
which is accepted by the court after notice and opportunity to 261
be heard by all parties to address the best interests of the 262
child in accepting such affidavit. 263
7. The guardian ad litem for the child or the 264
representative of the guardian ad litem program, if the program 265
has been appointed. 266
267
A party may consent to service or notice by e -mail by providing 268
a primary e-mail address to the clerk of the court. The document 269
containing the notice to respond or appear must contain, in type 270
at least as large as the type in the balance of the document, 271
the following or substa ntially similar language: "FAILURE TO 272
PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT 273
TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR 274
CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, 275
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YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR 276
CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE." 277
(d) If the person served with notice under this section 278
fails to personally appear at the advisory hearing, either 279
physically or, by agreement of the parties or at the discr etion 280
of the court, through audio -video communication technology, the 281
failure to personally appear constitutes shall constitute 282
consent for termination of parental rights by the person given 283
notice. If a parent appears for the advisory hearing and the 284
court orders that parent to personally appear at the 285
adjudicatory hearing for the petition for termination of 286
parental rights, stating the date, time, and location of the 287
said hearing and, if applicable, instructions for appearance 288
through audio-video communication technology, then failure of 289
that parent to personally appear, either physically or, by 290
agreement of the parties or at the discretion of the court, 291
through audio-video communication technology, at the 292
adjudicatory hearing constitutes shall constitute consent for 293
termination of parental rights. 294
Section 8. Subsections (1) and (4) of section 92.54, 295
Florida Statutes, are amended to read: 296
92.54 Use of closed -circuit television and audio-video 297
communication technology in proceedings involving a victim or 298
witness under the age of 18 or who has an intellectual 299
disability.— 300
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(1) Upon motion and hearing in camera and upon a finding 301
that there is a substantial likelihood that a victim or witness 302
under the age of 18 or who has an intellectual disability will 303
suffer at least moderate emotional or mental harm due to the 304
presence of the defendant if such victim or witness is required 305
to testify in open court, or is unavailable as defined in s. 306
90.804(1), the trial court may order that the testimony of the 307
victim or witness be taken outside of the courtroom and shown by 308
means of closed-circuit television or through audio-video 309
communication technology . 310
(4) During the victim's or witness's testimony by closed -311
circuit television or through audio-video communication 312
technology, the court may require the defendant to view the 313
testimony from the courtroom. In such a case, the court shall 314
permit the defendant to observe and hear the testimony of the 315
victim or witness, but must ensure that the victim or witness 316
cannot hear or see the defendant. The defendant's right to 317
assistance of counsel, which includes the right to immediate and 318
direct communication with counsel conducting cross -examination, 319
must be protected and, upon the defendant's request, such 320
communication must be provided by any appropriate electronic 321
method. 322
Section 9. Subsection (3) of section 985.319, Florida 323
Statutes, is amended to read: 324
985.319 Process and service. — 325
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(3) The summons must shall have a copy of the petition 326
attached and must shall require the person on whom it is served 327
to appear for a hearing at a time and place specified. If the 328
hearing is to be held through audio or audio -video communication 329
technology, the summons must provide instructions on how to 330
attend the hearing. Except in cases of medical emergency, the 331
time may not be less than 24 hours after service of the summons. 332
If the child is not detained by an order of the court, the 333
summons must shall require the custodian of the child to produce 334
the child at the said time and place. 335
Section 10. This act shall take effect upon becoming a 336
law. 337