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A bill to be entitled 1
An act relating to dependent children; amending s. 2
39.001, F.S.; revising the purposes of chapter 39; 3
requiring the Statewide Guardian ad Litem Office and 4
circuit guardian ad litem offices to participate in 5
the development of a certain state plan; conformi ng a 6
provision to changes made by the act; amending s. 7
39.00145, F.S.; authorizing a child's attorney ad 8
litem to inspect certain records; amending s. 9
39.00146, F.S.; conforming provisions to changes made 10
by the act; amending s. 39.0016, F.S.; requiring a 11
child's guardian ad litem be included in the 12
coordination of certain educational services; amending 13
s. 39.01, F.S.; providing and revising definitions; 14
amending s. 39.013, F.S.; requiring the court to 15
appoint a guardian ad litem for a child at the 16
earliest possible time; authorizing a guardian ad 17
litem to represent a child in other proceedings to 18
secure certain services and benefits; authorizing the 19
court to appoint an attorney ad litem for a child 20
after it makes certain determinations; authorizing an 21
attorney ad litem to represent a child in other 22
proceedings to secure certain services and benefits; 23
amending s. 39.01305, F.S.; revising legislative 24
findings; revising provisions relating to the 25
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appointment of an attorney for certain children; 26
authorizing the court to appoint an attorney ad litem 27
after making certain determinations; providing 28
requirements for the appointment and discharge of an 29
attorney ad litem; authorizing an attorney ad litem to 30
represent a child in other proceedings to secure 31
certain services and benefits; conforming provisions 32
to changes made by the act; providing applicability; 33
amending s. 39.0132, F.S.; authorizing a child's 34
attorney ad litem to inspect certain records; amending 35
s. 39.0136, F.S.; revising the parties who may request 36
a continuance in a proceeding; amending s. 39.01375, 37
F.S.; conforming provisions to changes made by the 38
act; amending s. 39.0139, F.S.; conforming provisions 39
to changes made by the act; amending s. 39.202, F.S.; 40
requiring that certain confidential records be 41
released to the guardian ad litem and attorney ad 42
litem; conforming a cross -reference; amending s. 43
39.402, F.S.; requiring parents to consent to provide 44
certain information to the guardian ad litem and 45
attorney ad litem; conforming provisions to changes 46
made by the act; amending s. 39.4022, F.S.; revising 47
the participants who must be invited to a 48
multidisciplinary team staffing; amending s. 39.4023, 49
F.S.; requiring notice of a multidisciplinary team 50
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staffing be provided to a child's guardian ad litem 51
and attorney ad litem; conforming provisions to 52
changes made by the act; amending s. 39.407, F.S.; 53
conforming provisions to changes made by the act; 54
amending s. 39.4085, F.S.; providing a goal of 55
permanency; conforming provisions to changes made by 56
the act; amending ss. 39.502 and 39.522, F.S.; 57
conforming provisions to changes made by the act; 58
amending s. 39.6012, F.S.; requiring a case plan to 59
include written descriptions of certain activities; 60
conforming a cross-reference; creating s. 39.6036, 61
F.S.; providing legislative findings and intent; 62
requiring the Statewide Guardian ad Litem Office to 63
work with certain children to identify a supportive 64
adult to enter into a specified agreement; requiring 65
such agreement be documented in the child's court 66
file; requiring the office to coordinate with the 67
Office of Continuing Care for a specified purpose; 68
amending s. 39.621, F.S.; conforming provisions to 69
changes made by the act; amending s. 39.6241, F.S.; 70
requiring a guardian ad litem to advise the court 71
regarding certain inf ormation and to ensure a certain 72
agreement has been documented in the child's court 73
file; amending s. 39.701, F.S.; requiring certain 74
notice be given to an attorney ad litem; requiring a 75
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court to give a guardian ad litem an opportunity to 76
address the court in certain proceedings; requiring 77
the court to inquire and determine if a child has a 78
certain agreement documented in his or her court file 79
at a specified hearing; conforming provisions to 80
changes made by the act; amending s. 39.801, F.S.; 81
conforming provisions to changes made by the act; 82
amending s. 39.807, F.S.; requiring a court to appoint 83
a guardian ad litem to represent a child; revising a 84
guardian ad litem's responsibilities and authorities; 85
deleting provisions relating to bonds and service of 86
pleadings or papers; amending s. 39.808, F.S.; 87
conforming provisions to changes made by the act; 88
amending s. 39.815, F.S.; conforming provisions to 89
changes made by the act; repealing s. 39.820, F.S., 90
relating to definitions of the terms "guardian ad 91
litem" and "guardian advocate"; amending s. 39.821, 92
F.S.; conforming provisions to changes made by the 93
act; amending s. 39.822, F.S.; providing that a 94
guardian ad litem is a fiduciary and must provide 95
independent representation to a child; revising 96
responsibilities of a guardian ad litem; requiring 97
that guardians ad litem have certain access to the 98
children the guardians ad litem represent; providing 99
actions that a guardian ad litem does or does not have 100
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to fulfill; amending s. 39.827, F.S.; authorizing a 101
child's guardian ad litem and attorney ad litem to 102
inspect certain records; amending s. 39.8296, F.S.; 103
revising the duties and appointment of the executive 104
director of the Statewide Guardian ad Litem Office; 105
requiring the training program for guardians ad litem 106
to be updated regularly; requiring the office to 107
provide oversight and technical assistance to 108
attorneys ad litem; specifying certain requirements of 109
the office; amending s. 39.8297, F.S.; conforming 110
provisions to changes made by the act; amending s. 111
39.8298, F.S.; authorizing the executive director of 112
the Statewide Guardian ad Litem Office to create or 113
designate local direct -support organizations; 114
providing responsibilities for the executive director 115
of the office; requiring that certain moneys be held 116
in a separate depository account; conforming 117
provisions to changes made by the act; creating s. 118
1009.898, F.S.; authorizing the Pathway to Prosperity 119
program to provide certain grants to youth and young 120
adults who are aging out of foster care; requiring 121
grants to extend for a certain period of time after a 122
recipient is reunited with his or her parents; 123
amending ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 124
110.205, 320.08058, 943.053, 985.43, 985.441, 985.455, 125
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985.461, and 985.48, F.S.; conforming provisions to 126
changes made by the act; amending ss. 39.302, 39.521, 127
61.13, 119.071, 322.09, 394.495, 627.746, 934.255, and 128
960.065, F.S.; conforming cross -references; providing 129
a directive to the Division of Law Revision; providing 130
an effective date; 131
132
Be It Enacted by the L egislature of the State of Florida: 133
134
Section 1. Paragraph (j) of subsection (1), paragraph (j) 135
of subsection (3), and paragraph (a) of subsection (10) of 136
section 39.001, Florida Statutes, are amended to read: 137
39.001 Purposes and intent; personnel sta ndards and 138
screening.— 139
(1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 140
(j) To ensure that, when reunification or adoption is not 141
possible, the child will be prepared for alternative permanency 142
goals or placements, to include, but not be limi ted to, long-143
term foster care, independent living, custody to a relative on a 144
permanent basis with or without legal guardianship, or custody 145
to a foster parent or legal custodian on a permanent basis with 146
or without legal guardianship. Permanency for a chi ld who is 147
transitioning from foster care to independent living includes 148
naturally occurring, lifelong, kin -like connections between the 149
child and a supportive adult. 150
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(3) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 151
the Legislature that the childr en of this state be provided with 152
the following protections: 153
(j) The ability to contact their guardian ad litem and or 154
attorney ad litem, if one is appointed, by having that 155
individual's name entered on all orders of the court. 156
(10) PLAN FOR COMPREHENS IVE APPROACH.— 157
(a) The office shall develop a state plan for the 158
promotion of adoption, support of adoptive families, and 159
prevention of abuse, abandonment, and neglect of children. The 160
Department of Children and Families, the Department of 161
Corrections, the Department of Education, the Department of 162
Health, the Department of Juvenile Justice, the Department of 163
Law Enforcement, the Statewide Guardian ad Litem Office, and the 164
Agency for Persons with Disabilities shall participate and fully 165
cooperate in the development of the state plan at both the state 166
and local levels. Furthermore, appropriate local agencies and 167
organizations shall be provided an opportunity to participate in 168
the development of the state plan at the local level. 169
Appropriate local groups and organizations shall include, but 170
not be limited to, community mental health centers; circuit 171
guardian ad litem offices programs for children under the 172
circuit court; the school boards of the local school districts; 173
the Florida local advocacy councils; com munity-based care lead 174
agencies; private or public organizations or programs with 175
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recognized expertise in working with child abuse prevention 176
programs for children and families; private or public 177
organizations or programs with recognized expertise in worki ng 178
with children who are sexually abused, physically abused, 179
emotionally abused, abandoned, or neglected and with expertise 180
in working with the families of such children; private or public 181
programs or organizations with expertise in maternal and infant 182
health care; multidisciplinary Child Protection Teams; child day 183
care centers; law enforcement agencies; and the circuit courts , 184
when guardian ad litem programs are not available in the local 185
area. The state plan to be provided to the Legislature and the 186
Governor shall include, as a minimum, the information required 187
of the various groups in paragraph (b). 188
Section 2. Subsection (2) of section 39.00145, Florida 189
Statutes, is amended to read: 190
39.00145 Records concerning children. — 191
(2) Notwithstanding any o ther provision of this chapter, 192
all records in a child's case record must be made available for 193
inspection, upon request, to the child who is the subject of the 194
case record and to the child's caregiver, guardian ad litem, or 195
attorney ad litem, if one is ap pointed. 196
(a) A complete and accurate copy of any record in a 197
child's case record must be provided, upon request and at no 198
cost, to the child who is the subject of the case record and to 199
the child's caregiver, guardian ad litem, or attorney ad litem, 200
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if one is appointed. 201
(b) The department shall release the information in a 202
manner and setting that are appropriate to the age and maturity 203
of the child and the nature of the information being released, 204
which may include the release of information in a therapeutic 205
setting, if appropriate. This paragraph does not deny the child 206
access to his or her records. 207
(c) If a child or the child's caregiver, guardian ad 208
litem, or attorney ad litem, if one is appointed, requests 209
access to the child's case record, a ny person or entity that 210
fails to provide any record in the case record under assertion 211
of a claim of exemption from the public records requirements of 212
chapter 119, or fails to provide access within a reasonable 213
time, is subject to sanctions and penalties under s. 119.10. 214
(d) For the purposes of this subsection, the term 215
"caregiver" is limited to parents, legal custodians, permanent 216
guardians, or foster parents; employees of a residential home, 217
institution, facility, or agency at which the child resides; and 218
other individuals legally responsible for a child's welfare in a 219
residential setting. 220
Section 3. Paragraph (a) of subsection (2) of section 221
39.00146, Florida Statutes, is amended to read: 222
39.00146 Case record face sheet. — 223
(2) The case record of every child under the supervision 224
or in the custody of the department or the department's 225
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authorized agents, including community -based care lead agencies 226
and their subcontracted providers, must include a face sheet 227
containing relevant information about th e child and his or her 228
case, including at least all of the following: 229
(a) General case information, including, but not limited 230
to, all of the following : 231
1. The child's name and date of birth .; 232
2. The current county of residence and the county of 233
residence at the time of the referral .; 234
3. The reason for the referral and any family safety 235
concerns.; 236
4. The personal identifying information of the parents or 237
legal custodians who had custody of the child at the time of the 238
referral, including name, dat e of birth, and county of 239
residence.; 240
5. The date of removal from the home .; and 241
6. The name and contact information of the attorney or 242
attorneys assigned to the case in all capacities, including the 243
attorney or attorneys that represent the department and the 244
parents, and the guardian ad litem , if one has been appointed . 245
Section 4. Paragraph (b) of subsection (2) and paragraph 246
(b) of subsection (3) of section 39.0016, Florida Statutes, are 247
amended to read: 248
39.0016 Education of abused, neglected, a nd abandoned 249
children; agency agreements; children having or suspected of 250
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having a disability. — 251
(2) AGENCY AGREEMENTS. — 252
(b) The department shall enter into agreements with 253
district school boards or other local educational entities 254
regarding education a nd related services for children known to 255
the department who are of school age and children known to the 256
department who are younger than school age but who would 257
otherwise qualify for services from the district school board. 258
Such agreements must shall include, but are not limited to: 259
1. A requirement that the department shall: 260
a. Ensure that children known to the department are 261
enrolled in school or in the best educational setting that meets 262
the needs of the child. The agreement must shall provide for 263
continuing the enrollment of a child known to the department at 264
the school of origin when possible if it is in the best interest 265
of the child, with the goal of minimal disruption of education. 266
b. Notify the school and school district in which a child 267
known to the department is enrolled of the name and phone number 268
of the child known to the department caregiver and caseworker 269
for child safety purposes. 270
c. Establish a protocol for the department to share 271
information about a child known to the department wi th the 272
school district, consistent with the Family Educational Rights 273
and Privacy Act, since the sharing of information will assist 274
each agency in obtaining education and related services for the 275
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benefit of the child. The protocol must require the district 276
school boards or other local educational entities to access the 277
department's Florida Safe Families Network to obtain information 278
about children known to the department, consistent with the 279
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 280
1232g. 281
d. Notify the school district of the department's case 282
planning for a child known to the department, both at the time 283
of plan development and plan review. Within the plan development 284
or review process, the school district may provide information 285
regarding the child known to the department if the school 286
district deems it desirable and appropriate. 287
e. Show no prejudice against a caregiver who desires to 288
educate at home a child placed in his or her home through the 289
child welfare system. 290
2. A requirement that the district school board shall: 291
a. Provide the department with a general listing of the 292
services and information available from the district school 293
board to facilitate educational access for a child known to the 294
department. 295
b. Identify all educational and other services provided by 296
the school and school district which the school district 297
believes are reasonably necessary to meet the educational needs 298
of a child known to the department. 299
c. Determine whether transportation is available for a 300
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child known to the department when such transportation will 301
avoid a change in school assignment due to a change in 302
residential placement. Recognizing that continued enrollment in 303
the same school throughout the time the child known to the 304
department is in out-of-home care is preferable unless 305
enrollment in the same school would be unsafe or otherwise 306
impractical, the department, the district school board, and the 307
Department of Education shall assess the availability of 308
federal, charitable, or grant funding f or such transportation. 309
d. Provide individualized student intervention or an 310
individual educational plan when a determination has been made 311
through legally appropriate criteria that intervention services 312
are required. The intervention or individual educa tional plan 313
must include strategies to enable the child known to the 314
department to maximize the attainment of educational goals. 315
3. A requirement that the department and the district 316
school board shall cooperate in accessing the services and 317
supports needed for a child known to the department who has or 318
is suspected of having a disability to receive an appropriate 319
education consistent with the Individuals with Disabilities 320
Education Act and state implementing laws, rules, and 321
assurances. Coordination of s ervices for a child known to the 322
department who has or is suspected of having a disability may 323
include: 324
a. Referral for screening. 325
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b. Sharing of evaluations between the school district and 326
the department where appropriate. 327
c. Provision of education and related services appropriate 328
for the needs and abilities of the child known to the 329
department. 330
d. Coordination of services and plans between the school 331
and the residential setting to avoid duplication or conflicting 332
service plans. 333
e. Appointment of a surrogate parent, consistent with the 334
Individuals with Disabilities Education Act and pursuant to 335
subsection (3), for educational purposes for a child known to 336
the department who qualifies. 337
f. For each child known to the department 14 years of age 338
and older, transition planning by the department and all 339
providers, including the department's independent living program 340
staff and the guardian ad litem of the child , to meet the 341
requirements of the local school district for educational 342
purposes. 343
(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY. — 344
(b)1. Each district school superintendent or dependency 345
court must appoint a surrogate parent for a child known to the 346
department who has or is suspected of having a disability, as 347
defined in s. 1003.01(9) , when: 348
a. After reasonable efforts, no parent can be located; or 349
b. A court of competent jurisdiction over a child under 350
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this chapter has determined that no person has the authority 351
under the Individuals with Disabilities Education Act, including 352
the parent or parents subject to the dependency action, or that 353
no person has the authority, willingness, or ability to serve as 354
the educational decisionmaker for the child without judicial 355
action. 356
2. A surrogate parent appointed by the district school 357
superintendent or the court must be at least 18 years old and 358
have no personal or professional interest that conflicts with 359
the interests of the student to be represented. Neither the 360
district school superintendent nor the court may appoint an 361
employee of the Department of Education, the local school 362
district, a community -based care provider, the Department of 363
Children and Families, or any other public or private agency 364
involved in the education or care of the child as appointment of 365
those persons is prohibited by federal law. This prohibition 366
includes group home staff and therapeutic foster parents. 367
However, a person who acts in a parental role to a child, such 368
as a foster parent or relative caregiver, is not prohibited from 369
serving as a surrogate parent if he o r she is employed by such 370
agency, willing to serve, and knowledgeable about the child and 371
the exceptional student education process. The surrogate parent 372
may be a court-appointed guardian ad litem or a relative or 373
nonrelative adult who is involved in the c hild's life regardless 374
of whether that person has physical custody of the child. Each 375
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person appointed as a surrogate parent must have the knowledge 376
and skills acquired by successfully completing training using 377
materials developed and approved by the Depar tment of Education 378
to ensure adequate representation of the child. 379
3. If a guardian ad litem has been appointed for a child, 380
The district school superintendent must first consider the 381
child's guardian ad litem when appointing a surrogate parent. 382
The district school superintendent must accept the appointment 383
of the court if he or she has not previously appointed a 384
surrogate parent. Similarly, the court must accept a surrogate 385
parent duly appointed by a district school superintendent. 386
4. A surrogate paren t appointed by the district school 387
superintendent or the court must be accepted by any subsequent 388
school or school district without regard to where the child is 389
receiving residential care so that a single surrogate parent can 390
follow the education of the ch ild during his or her entire time 391
in state custody. Nothing in this paragraph or in rule shall 392
limit or prohibit the continuance of a surrogate parent 393
appointment when the responsibility for the student's 394
educational placement moves among and between publi c and private 395
agencies. 396
5. For a child known to the department, the responsibility 397
to appoint a surrogate parent resides with both the district 398
school superintendent and the court with jurisdiction over the 399
child. If the court elects to appoint a surroga te parent, notice 400
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shall be provided as soon as practicable to the child's school. 401
At any time the court determines that it is in the best 402
interests of a child to remove a surrogate parent, the court may 403
appoint a new surrogate parent for educational decisi onmaking 404
purposes for that child. 405
6. The surrogate parent shall continue in the appointed 406
role until one of the following occurs: 407
a. The child is determined to no longer be eligible or in 408
need of special programs, except when termination of special 409
programs is being contested. 410
b. The child achieves permanency through adoption or legal 411
guardianship and is no longer in the custody of the department. 412
c. The parent who was previously unknown becomes known, 413
whose whereabouts were unknown is located, or w ho was 414
unavailable is determined by the court to be available. 415
d. The appointed surrogate no longer wishes to represent 416
the child or is unable to represent the child. 417
e. The superintendent of the school district in which the 418
child is attending school, the Department of Education contract 419
designee, or the court that appointed the surrogate determines 420
that the appointed surrogate parent no longer adequately 421
represents the child. 422
f. The child moves to a geographic location that is not 423
reasonably accessible to the appointed surrogate. 424
7. The appointment and termination of appointment of a 425
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surrogate under this paragraph shall be entered as an order of 426
the court with a copy of the order provided to the child's 427
school as soon as practicable. 428
8. The person appointed as a surrogate parent under this 429
paragraph must: 430
a. Be acquainted with the child and become knowledgeable 431
about his or her disability and educational needs. 432
b. Represent the child in all matters relating to 433
identification, evaluation, and ed ucational placement and the 434
provision of a free and appropriate education to the child. 435
c. Represent the interests and safeguard the rights of the 436
child in educational decisions that affect the child. 437
9. The responsibilities of the person appointed as a 438
surrogate parent shall not extend to the care, maintenance, 439
custody, residential placement, or any other area not 440
specifically related to the education of the child, unless the 441
same person is appointed by the court for such other purposes. 442
10. A person appointed as a surrogate parent shall enjoy 443
all of the procedural safeguards afforded a parent with respect 444
to the identification, evaluation, and educational placement of 445
a student with a disability or a student who is suspected of 446
having a disability. 447
11. A person appointed as a surrogate parent shall not be 448
held liable for actions taken in good faith on behalf of the 449
student in protecting the special education rights of the child. 450
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Section 5. Subsections (8) through (30) and (31) through 451
(87) of section 39.01, Florida Statutes, are renumbered as 452
subsections (9) through (31) and (34) through (90), 453
respectively, present subsections (9), (36), and (58) are 454
amended, and new subsections (8), (32), and (33) are added to 455
that section, to read: 456
39.01 Definitions.—When used in this chapter, unless the 457
context otherwise requires: 458
(8) "Attorney ad litem" means an attorney appointed by the 459
court to represent a child in a dependency case who has an 460
attorney-client relationship with the child under the rules 461
regulating The Florida Bar. 462
(10)(9) "Caregiver" means the parent, legal custodian, 463
permanent guardian, adult household member, or other person 464
responsible for a child's welfare as defined in subsection 465
(57)(54). 466
(32) "Guardian ad litem" means a person or an entity that 467
is a fiduciary appointed by the court to represent a child in 468
any civil, criminal, or administrative proceeding to which the 469
child is a party, including, but not limited to, under this 470
chapter, which uses a best interest standard for dec isionmaking 471
and advocacy. For purposes of this chapter, the term includes, 472
but is not limited to, the Statewide Guardian ad Litem Office, 473
which includes all circuit guardian ad litem offices and the 474
duly certified volunteers, staff, and attorneys assigned by the 475
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Statewide Guardian ad Litem Office to represent children; a 476
court-appointed attorney; or a responsible adult who is 477
appointed by the court. A guardian ad litem is a party to the 478
judicial proceeding as a representative of the child and serves 479
until the jurisdiction of the court over the child terminates or 480
until excused by the court. 481
(33) "Guardian advocate" means a person appointed by the 482
court to act on behalf of a drug -dependent newborn under part XI 483
of this chapter. 484
(39)(36) "Institutional child abuse or neglect" means 485
situations of known or suspected child abuse or neglect in which 486
the person allegedly perpetrating the child abuse or neglect is 487
an employee of a public or private school, public or private day 488
care center, residential home, inst itution, facility, or agency 489
or any other person at such institution responsible for the 490
child's welfare as defined in subsection (57)(54). 491
(61)(58) "Party" means the parent or parents of the child, 492
the petitioner, the department, the guardian ad litem or the 493
representative of the guardian ad litem program when the program 494
has been appointed, and the child. The presence of the child may 495
be excused by order of the court when presence would not be in 496
the child's best interest. Notice to the child may be ex cused by 497
order of the court when the age, capacity, or other condition of 498
the child is such that the notice would be meaningless or 499
detrimental to the child. 500
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Section 6. Subsection (11) of section 39.013, Florida 501
Statutes, is amended and subsection (14) is added to that 502
section, to read: 503
39.013 Procedures and jurisdiction; right to counsel ; 504
guardian ad litem and attorney ad litem .— 505
(11) The court shall appoint a guardian ad litem at the 506
earliest possible time to represent a child throughout the 507
proceedings, including any appeals. The guardian ad litem may 508
represent the child in proceedings outside of the dependency 509
case to secure the services and benefits that provide for the 510
care, safety, and protection of the child encourage the 511
Statewide Guardian A d Litem Office to provide greater 512
representation to those children who are within 1 year of 513
transferring out of foster care . 514
(14) The court may appoint an attorney ad litem for a 515
child if the court believes the child is in need of such 516
representation and determines that the child has a rational and 517
factual understanding of the proceedings and sufficient present 518
ability to consult with an attorney with a reasonable degree of 519
rational understanding. The attorney ad litem may represent the 520
child in proceedings outside of the dependency case to secure 521
services and benefits that provide for the care, safety, and 522
protection of the child. 523
Section 7. Section 39.01305, Florida Statutes, is amended 524
to read: 525
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39.01305 Appointment of an attorney ad litem for a 526
dependent child with certain special needs .— 527
(1)(a) The Legislature finds that : 528
1. all children in proceedings under this chapter have 529
important interests at stake, such as health, safety, and well -530
being and the need to obtain permanency. While such children are 531
represented by the Statewide Guardian ad Litem Office using a 532
best interest standard of decisionmaking and advocacy, some 533
children may also need representation by an attorney ad litem in 534
proceedings under this chapter. 535
(2) The court may appoint an attorney ad litem for a child 536
if the court believes the child is in need of such 537
representation and determines that the child has a rational and 538
factual understanding of the proceedings and sufficient present 539
ability to consult with an attorney with a r easonable degree of 540
rational understanding. 541
2. A dependent child who has certain special needs has a 542
particular need for an attorney to represent the dependent child 543
in proceedings under this chapter, as well as in fair hearings 544
and appellate proceedings , so that the attorney may address the 545
child's medical and related needs and the services and supports 546
necessary for the child to live successfully in the community. 547
(b) The Legislature recognizes the existence of 548
organizations that provide attorney repr esentation to children 549
in certain jurisdictions throughout the state. Further, the 550
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statewide Guardian Ad Litem Program provides best interest 551
representation for dependent children in every jurisdiction in 552
accordance with state and federal law. The Legislat ure, 553
therefore, does not intend that funding provided for 554
representation under this section supplant proven and existing 555
organizations representing children. Instead, the Legislature 556
intends that funding provided for representation under this 557
section be an additional resource for the representation of more 558
children in these jurisdictions, to the extent necessary to meet 559
the requirements of this chapter, with the cooperation of 560
existing local organizations or through the expansion of those 561
organizations. The Legislature encourages the expansion of pro 562
bono representation for children. This section is not intended 563
to limit the ability of a pro bono attorney to appear on behalf 564
of a child. 565
(2) As used in this section, the term "dependent child" 566
means a child who is subject to any proceeding under this 567
chapter. The term does not require that a child be adjudicated 568
dependent for purposes of this section. 569
(3) An attorney shall be appointed for a dependent child 570
who: 571
(a) Resides in a skilled nursing facility o r is being 572
considered for placement in a skilled nursing home; 573
(b) Is prescribed a psychotropic medication but declines 574
assent to the psychotropic medication; 575
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(c) Has a diagnosis of a developmental disability as 576
defined in s. 393.063; 577
(d) Is being placed in a residential treatment center or 578
being considered for placement in a residential treatment 579
center; or 580
(e) Is a victim of human trafficking as defined in s. 581
787.06(2)(d). 582
(3)(a)(4)(a) Before a court may appoint an attorney ad 583
litem, who may be compensated pursuant to this section, the 584
court must request a recommendation from the Statewide Guardian 585
ad Litem Office for an attorney who is willing to represent a 586
child without additional compensation. If such an attorney is 587
available within 15 days a fter the court's request, the court 588
must appoint that attorney. However, the court may appoint a 589
compensated attorney within the 15 -day period if the Statewide 590
Guardian ad Litem Office informs the court that the office is 591
unable it will not be able to recommend an attorney within that 592
time period. 593
(b) A court order appointing After an attorney ad litem 594
must be in writing. is appointed, the appointment continues in 595
effect until the attorney is allowed to withdraw or is 596
discharged by The court must discharge or until the case is 597
dismissed. an attorney ad litem who is appointed under this 598
section if the need for such representation is resolved. The 599
attorney ad litem may represent the child in proceedings outside 600
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of the dependency case to secure services and b enefits that 601
provide for the care, safety, and protection of the child to 602
represent the child shall provide the complete range of legal 603
services, from the removal from home or from the initial 604
appointment through all available appellate proceedings . With 605
the permission of the court, the attorney ad litem for the 606
dependent child may arrange for supplemental or separate counsel 607
to represent the child in appellate proceedings. A court order 608
appointing an attorney under this section must be in writing. 609
(4)(5) Unless the attorney ad litem has agreed to provide 610
pro bono services, an appointed attorney ad litem or 611
organization must be adequately compensated. All appointed 612
attorneys ad litem and organizations, including pro bono 613
attorneys, must be provided with access to funding for expert 614
witnesses, depositions, and other due process costs of 615
litigation. Payment of attorney fees and case -related due 616
process costs are subject to appropriation s and review by the 617
Justice Administrative Commission for reasonableness. The 618
Justice Administrative Commission shall contract with attorneys 619
ad litem appointed by the court. Attorney fees may not exceed 620
$1,000 per child per year. 621
(6) The department shall develop procedures to identify a 622
dependent child who has a special need specified under 623
subsection (3) and to request that a court appoint an attorney 624
for the child. 625
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(7) The department may adopt rules to administer this 626
section. 627
(8) This section does not limit the authority of the court 628
to appoint an attorney for a dependent child in a proceeding 629
under this chapter. 630
(5)(9) Implementation of this section is subject to 631
appropriations expressly made for that purpose. 632
Section 8. The amendments made by this act to s. 39.01305, 633
Florida Statutes, apply only to attorney ad litem appointments 634
made on or after July 1, 2024. 635
Section 9. Subsection (3) of section 39.0132, Florida 636
Statutes, is amended to read: 637
39.0132 Oaths, records, and confidential information.— 638
(3) The clerk shall keep all court records required by 639
this chapter separate from other records of the circuit court. 640
All court records required by this chapter may shall not be open 641
to inspection by the public. All records may shall be inspected 642
only upon order of the court by persons deemed by the court to 643
have a proper interest therein, except that, subject to the 644
provisions of s. 63.162, a child, and the parents of the child 645
and their attorneys, the guardian ad litem, criminal conflict 646
and civil regional counsels, law enforcement agencies, and the 647
department and its designees , and the attorney ad litem, if one 648
is appointed, shall always have the right to inspect and copy 649
any official record pertaining to the child. The Justice 650
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Administrative Commission may inspect court dockets required by 651
this chapter as necessary to audit compensation of court -652
appointed attorneys ad litem. If the docket is insufficient for 653
purposes of the audit, the commission may petition the court for 654
additional documentation as necessary and appropriate. The court 655
may permit authorized representatives of recognized 656
organizations compiling statistics for proper purposes to 657
inspect and make abstracts from official records, under whatever 658
conditions upon their use and di sposition the court may deem 659
proper, and may punish by contempt proceedings any violation of 660
those conditions. 661
Section 10. Paragraph (a) of subsection (3) of section 662
39.0136, Florida Statutes, is amended to read: 663
39.0136 Time limitations; continuance s.— 664
(3) The time limitations in this chapter do not include: 665
(a) Periods of delay resulting from a continuance granted 666
at the request of the child's counsel , or the child's guardian 667
ad litem, or attorney ad litem, if one is appointed , if the 668
child is of sufficient capacity to express reasonable consent, 669
at the request or with the consent of the child . The court must 670
consider the best interests of the child when determining 671
periods of delay under this section. 672
Section 11. Subsection (7) of section 39 .01375, Florida 673
Statutes, is amended to read: 674
39.01375 Best interest determination for placement. —The 675
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department, community -based care lead agency, or court shall 676
consider all of the following factors when determining whether a 677
proposed placement under t his chapter is in the child's best 678
interest: 679
(7) The recommendation of the child's guardian ad litem , 680
if one has been appointed . 681
Section 12. Paragraphs (a) and (b) of subsection (4) of 682
section 39.0139, Florida Statutes, are amended to read: 683
39.0139 Visitation or other contact; restrictions. — 684
(4) HEARINGS.—A person who meets any of the criteria set 685
forth in paragraph (3)(a) who seeks to begin or resume contact 686
with the child victim shall have the right to an evidentiary 687
hearing to determine whether contact is appropriate. 688
(a) Before Prior to the hearing, the court shall appoint 689
an attorney ad litem or a guardian ad litem for the child if one 690
has not already been appointed. The guardian ad litem and Any 691
attorney ad litem, if one is or guardian ad litem appointed, 692
must shall have special training in the dynamics of child sexual 693
abuse. 694
(b) At the hearing, the court may receive and rely upon 695
any relevant and material evidence submitted to the extent of 696
its probative value, including written and oral reports or 697
recommendations from the Child Protection Team, the child's 698
therapist, the child's guardian ad litem, or the child's 699
attorney ad litem, if one is appointed, even if these reports, 700
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recommendations, and evidence may not be admissible under the 701
rules of evidence. 702
Section 13. Paragraphs (d) and (t) of subsection (2) of 703
section 39.202, Florida Statutes, are amended to read: 704
39.202 Confidentiality of reports and records in cases of 705
child abuse or neglect; exception. — 706
(2) Except as provided in s ubsection (4), access to such 707
records, excluding the name of, or other identifying information 708
with respect to, the reporter which may only shall be released 709
only as provided in subsection (5), may only shall be granted 710
only to the following persons, officials, and agencies: 711
(d) The parent or legal custodian of any child who is 712
alleged to have been abused, abandoned, or neglected ; the child; 713
the child's guardian ad litem; the child's attorney ad litem, if 714
one is appointed; or, and the child, and their attorneys, 715
including any attorney representing a child in civil or criminal 716
proceedings. This access must shall be made available no later 717
than 60 days after the department receives the initial report of 718
abuse, neglect, or aban donment. However, any information 719
otherwise made confidential or exempt by law may shall not be 720
released pursuant to this paragraph. 721
(t) Persons with whom the department is seeking to place 722
the child or to whom placement has been granted, including 723
foster parents for whom an approved home study has been 724
conducted, the designee of a licensed child -caring agency as 725
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defined in s. 39.01 s. 39.01(41), an approved relative or 726
nonrelative with whom a child is placed pursuant to s. 39.402, 727
preadoptive parents for whom a favorable preliminary adoptive 728
home study has been conducted, adoptive parents, or an adoption 729
entity acting on behalf of preadoptive or adoptive parents. 730
Section 14. Paragraph (c) of subsection (8), paragraphs 731
(b) and (c) of subsection (11), a nd paragraph (a) of subsection 732
(14) of section 39.402, Florida Statutes, are amended to read: 733
39.402 Placement in a shelter. — 734
(8) 735
(c) At the shelter hearing, the court shall: 736
1. Appoint a guardian ad litem to represent the best 737
interest of the child , unless the court finds that such 738
representation is unnecessary ; 739
2. Inform the parents or legal custodians of their right 740
to counsel to represent them at the shelter hearing and at each 741
subsequent hearing or proceeding, and the right of the parents 742
to appointed counsel, pursuant to the procedures set forth in s. 743
39.013; 744
3. Give the parents or legal custodians an opportunity to 745
be heard and to present evidence; and 746
4. Inquire of those present at the shelter hearing as to 747
the identity and location of t he legal father. In determining 748
who the legal father of the child may be, the court shall 749
inquire under oath of those present at the shelter hearing 750
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whether they have any of the following information: 751
a. Whether the mother of the child was married at the 752
probable time of conception of the child or at the time of birth 753
of the child. 754
b. Whether the mother was cohabiting with a male at the 755
probable time of conception of the child. 756
c. Whether the mother has received payments or promises of 757
support with respect to the child or because of her pregnancy 758
from a man who claims to be the father. 759
d. Whether the mother has named any man as the father on 760
the birth certificate of the child or in connection with 761
applying for or receiving public assistance. 762
e. Whether any man has acknowledged or claimed paternity 763
of the child in a jurisdiction in which the mother resided at 764
the time of or since conception of the child or in which the 765
child has resided or resides. 766
f. Whether a man is named on the birth certificate of the 767
child pursuant to s. 382.013(2). 768
g. Whether a man has been determined by a court order to 769
be the father of the child. 770
h. Whether a man has been determined to be the father of 771
the child by the Department of Revenue as provided in s. 772
409.256. 773
(11) 774
(b) The court shall request that the parents consent to 775
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provide access to the child's medical records and provide 776
information to the court, the department or its contract 777
agencies, and the any guardian ad litem and or attorney ad 778
litem, if one is appo inted, for the child. If a parent is 779
unavailable or unable to consent or withholds consent and the 780
court determines access to the records and information is 781
necessary to provide services to the child, the court shall 782
issue an order granting access. The cou rt may also order the 783
parents to provide all known medical information to the 784
department and to any others granted access under this 785
subsection. 786
(c) The court shall request that the parents consent to 787
provide access to the child's child care records, ear ly 788
education program records, or other educational records and 789
provide information to the court, the department or its contract 790
agencies, and the any guardian ad litem and or attorney ad 791
litem, if one is appointed, for the child. If a parent is 792
unavailable or unable to consent or withholds consent and the 793
court determines access to the records and information is 794
necessary to provide services to the child, the court shall 795
issue an order granting access. 796
(14) The time limitations in this section do not incl ude: 797
(a) Periods of delay resulting from a continuance granted 798
at the request or with the consent of the child's counsel or the 799
child's guardian ad litem or attorney ad litem , if one is has 800
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been appointed by the court , or, if the child is of sufficient 801
capacity to express reasonable consent, at the request or with 802
the consent of the child's attorney or the child's guardian ad 803
litem, if one has been appointed by the court, and the child . 804
Section 15. Paragraphs (a) and (b) of subsection (4) of 805
section 39.4022, Florida Statutes, are amended to read: 806
39.4022 Multidisciplinary teams; staffings; assessments; 807
report.— 808
(4) PARTICIPANTS.— 809
(a) Collaboration among diverse individuals who are part 810
of the child's network is necessary to make the most informed 811
decisions possible for the child. A diverse team is preferable 812
to ensure that the necessary combination of technical skills, 813
cultural knowledge, community resources, and personal 814
relationships is developed and maintained for the child and 815
family. The participants necessary to achieve an appropriately 816
diverse team for a child may vary by child and may include 817
extended family, friends, neighbors, coaches, clergy, coworkers, 818
or others the family identifies as potential sources of support. 819
1. Each multidisciplinary team staffing must invite the 820
following members: 821
a. The child, unless he or she is not of an age or 822
capacity to participate in the team , and the child's guardian ad 823
litem; 824
b. The child's family members and other individuals 825
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identified by the fa mily as being important to the child, 826
provided that a parent who has a no contact order or injunction, 827
is alleged to have sexually abused the child, or is subject to a 828
termination of parental rights may not participate; 829
c. The current caregiver, provided the caregiver is not a 830
parent who meets the criteria of one of the exceptions under 831
sub-subparagraph b.; 832
d. A representative from the department other than the 833
Children's Legal Services attorney, when the department is 834
directly involved in the goal iden tified by the staffing; 835
e. A representative from the community -based care lead 836
agency, when the lead agency is directly involved in the goal 837
identified by the staffing; 838
f. The case manager for the child, or his or her case 839
manager supervisor; and 840
g. A representative from the Department of Juvenile 841
Justice, if the child is dually involved with both the 842
department and the Department of Juvenile Justice. 843
2. The multidisciplinary team must make reasonable efforts 844
to have all mandatory invitees attend. However, the 845
multidisciplinary team staffing may not be delayed if the 846
invitees in subparagraph 1. fail to attend after being provided 847
reasonable opportunities. 848
(b) Based on the particular goal the multidisciplinary 849
team staffing identifies as the purpos e of convening the 850
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staffing as provided under subsection (5), the department or 851
lead agency may also invite to the meeting other professionals, 852
including, but not limited to: 853
1. A representative from Children's Medical Services; 854
2. A guardian ad litem, if one is appointed; 855
2.3. A school personnel representative who has direct 856
contact with the child; 857
3.4. A therapist or other behavioral health professional, 858
if applicable; 859
4.5. A mental health professional with expertise in 860
sibling bonding, if the d epartment or lead agency deems such 861
expert is necessary; or 862
5.6. Other community providers of services to the child or 863
stakeholders, when applicable. 864
Section 16. Paragraph (d) of subsection (3) and paragraph 865
(c) of subsection (4) of section 39.4023, Florida Statutes, are 866
amended to read: 867
39.4023 Placement and education transitions; transition 868
plans.— 869
(3) PLACEMENT TRANSITIONS. — 870
(d) Transition planning. — 871
1. If the supportive services provided pursuant to 872
paragraph (c) have not been successful t o make the maintenance 873
of the placement suitable or if there are other circumstances 874
that require the child to be moved, the department or the 875
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community-based care lead agency must convene a 876
multidisciplinary team staffing as required under s. 39.4022 877
before the child's placement is changed, or within 72 hours of 878
moving the child in an emergency situation, for the purpose of 879
developing an appropriate transition plan. 880
2. A placement change may occur immediately in an 881
emergency situation without convening a multidisciplinary team 882
staffing. However, a multidisciplinary team staffing must be 883
held within 72 hours after the emergency situation arises. 884
3. The department or the community -based care lead agency 885
must provide written notice of the planned move at l east 14 days 886
before the move or within 72 hours after an emergency situation, 887
to the greatest extent possible and consistent with the child's 888
needs and preferences. The notice must include the reason a 889
placement change is necessary. A copy of the notice mu st be 890
filed with the court and be provided to all of the following : 891
a. The child, unless he or she, due to age or capacity, is 892
unable to comprehend the written notice, which will necessitate 893
the department or lead agency to provide notice in an age -894
appropriate and capacity-appropriate alternative manner .; 895
b. The child's parents, unless prohibited by court order .; 896
c. The child's out-of-home caregiver.; 897
d. The guardian ad litem ., if one is appointed; 898
e. The attorney ad litem for the child, if one is 899
appointed.; and 900
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f. The attorney for the department. 901
4. The transition plan must be developed through 902
cooperation among the persons included in subparagraph 3., and 903
such persons must share any relevant information necessary for 904
its development. Subject to the child's needs and preferences, 905
the transition plan must meet the requirements of s. 906
409.1415(2)(b)8. and exclude any placement changes that occur 907
between 7 p.m. and 8 a.m. 908
5. The department or the community -based care lead agency 909
shall file the transition plan with the court within 48 hours 910
after the creation of such plan and provide a copy of the plan 911
to the persons included in subparagraph 3. 912
(4) EDUCATION TRANSITIONS. — 913
(c) Minimizing school changes. — 914
1. Every effort must be made to keep a child in the school 915
of origin if it is in the child's best interest. Any placement 916
decision must include thoughtful consideration of which school a 917
child will attend if a school change is necessary. 918
2. Members of a multidiscipli nary team staffing convened 919
for a purpose other than a school change must determine the 920
child's best interest regarding remaining in the school or 921
program of origin if the child's educational options are 922
affected by any other decision being made by the 923
multidisciplinary team. 924
3. The determination of whether it is in the child's best 925
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interest to remain in the school of origin, and if not, of which 926
school the child will attend in the future, must be made in 927
consultation with the following individuals, inclu ding, but not 928
limited to, the child; the parents; the caregiver; the child 929
welfare professional; the guardian ad litem , if appointed; the 930
educational surrogate, if appointed; child care and educational 931
staff, including teachers and guidance counselors; and the 932
school district representative or foster care liaison. A 933
multidisciplinary team member may contact any of these 934
individuals in advance of a multidisciplinary team staffing to 935
obtain his or her recommendation. An individual may remotely 936
attend the multidisciplinary team staffing if one of the 937
identified goals is related to determining an educational 938
placement. The multidisciplinary team may rely on a report from 939
the child's current school or program district and, if 940
applicable, any other school district being considered for the 941
educational placement if the required school personnel are not 942
available to attend the multidisciplinary team staffing in 943
person or remotely. 944
4. The multidisciplinary team and the individuals listed 945
in subparagraph 3. must consi der, at a minimum, all of the 946
following factors when determining whether remaining in the 947
school or program of origin is in the child's best interest or, 948
if not, when selecting a new school or program: 949
a. The child's desire to remain in the school or program 950
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of origin. 951
b. The preference of the child's parents or legal 952
guardians. 953
c. Whether the child has siblings, close friends, or 954
mentors at the school or program of origin. 955
d. The child's cultural and community connections in the 956
school or program of origin. 957
e. Whether the child is suspected of having a disability 958
under the Individuals with Disabilities Education Act (IDEA) or 959
s. 504 of the Rehabilitation Act of 1973, or has begun receiving 960
interventions under this state's multitiered system of supports. 961
f. Whether the child has an evaluation pending for special 962
education and related services under IDEA or s. 504 of the 963
Rehabilitation Act of 1973. 964
g. Whether the child is a student with a disab ility under 965
IDEA who is receiving special education and related services or 966
a student with a disability under s. 504 of the Rehabilitation 967
Act of 1973 who is receiving accommodations and services and, if 968
so, whether those required services are available in a school or 969
program other than the school or program of origin. 970
h. Whether the child is an English Language Learner 971
student and is receiving language services and, if so, whether 972
those required services are available in a school or program 973
other than the school or program of origin. 974
i. The impact a change to the school or program of origin 975
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would have on academic credits and progress toward promotion. 976
j. The availability of extracurricular activities 977
important to the child. 978
k. The child's known indi vidualized educational plan or 979
other medical and behavioral health needs and whether such plan 980
or needs are able to be met at a school or program other than 981
the school or program of origin. 982
l. The child's permanency goal and timeframe for achieving 983
permanency. 984
m. The child's history of school transfers and how such 985
transfers have impacted the child academically, emotionally, and 986
behaviorally. 987
n. The length of the commute to the school or program from 988
the child's home or placement and how such commute would impact 989
the child. 990
o. The length of time the child has attended the school or 991
program of origin. 992
5. The cost of transportation cannot be a factor in making 993
a best interest determination. 994
Section 17. Paragraph (f) of subsection (3) of section 995
39.407, Florida Statutes, is amended to read: 996
39.407 Medical, psychiatric, and psychological examination 997
and treatment of child; physical, mental, or substance abuse 998
examination of person with or requesting child custody. — 999
(3) 1000
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(f)1. The department shal l fully inform the court of the 1001
child's medical and behavioral status as part of the social 1002
services report prepared for each judicial review hearing held 1003
for a child for whom psychotropic medication has been prescribed 1004
or provided under this subsection. A s a part of the information 1005
provided to the court, the department shall furnish copies of 1006
all pertinent medical records concerning the child which have 1007
been generated since the previous hearing. On its own motion or 1008
on good cause shown by any party, includ ing the any guardian ad 1009
litem, attorney, or attorney ad litem , if one is who has been 1010
appointed to represent the child or the child's interests , the 1011
court may review the status more frequently than required in 1012
this subsection. 1013
2. The court may, in the be st interests of the child, 1014
order the department to obtain a medical opinion addressing 1015
whether the continued use of the medication under the 1016
circumstances is safe and medically appropriate. 1017
Section 18. Paragraphs (m), (t), and (u) of subsection (1) 1018
of section 39.4085, Florida Statutes, are amended to read: 1019
39.4085 Goals for dependent children; responsibilities; 1020
education; Office of the Children's Ombudsman. — 1021
(1) The Legislature finds that the design and delivery of 1022
child welfare services should be d irected by the principle that 1023
the health and safety of children, including the freedom from 1024
abuse, abandonment, or neglect, is of paramount concern and, 1025
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therefore, establishes the following goals for children in 1026
shelter or foster care: 1027
(m) To receive meaningful case management and planning 1028
that will quickly return the child to his or her family or move 1029
the child on to other forms of permanency. For a child who is 1030
transitioning from foster care to independent living, permanency 1031
includes establishing natura lly occurring, lifelong, kin -like 1032
connections between the child and a supportive adult. 1033
(t) To have a guardian ad litem appointed to represent, 1034
within reason, their best interests and, if appropriate, an 1035
attorney ad litem appointed to represent their leg al interests; 1036
the guardian ad litem and attorney ad litem , if one is 1037
appointed, shall have immediate and unlimited access to the 1038
children they represent. 1039
(u) To have all their records available for review by 1040
their guardian ad litem and attorney ad litem , if one is 1041
appointed, if they deem such review necessary. 1042
1043
This subsection establishes goals and not rights. This 1044
subsection does not require the delivery of any particular 1045
service or level of service in excess of existing 1046
appropriations. A person does not have a cause of action against 1047
the state or any of its subdivisions, agencies, contractors, 1048
subcontractors, or agents, based upon the adoption of or failure 1049
to provide adequate funding for the achievement of these goals 1050
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by the Legislature. This subsection does not require the 1051
expenditure of funds to meet the goals established in this 1052
subsection except those funds specifically appropriated for such 1053
purpose. 1054
Section 19. Subsection (8) of section 39.502, Florida 1055
Statutes, is amended to read: 1056
39.502 Notice, process, and service. — 1057
(8) It is not necessary to the validity of a proceeding 1058
covered by this part that the parents be present if their 1059
identity or residence is unknown after a diligent search has 1060
been made; however, but in this event the petitioner must shall 1061
file an affidavit of diligent search prepared by the person who 1062
made the search and inquiry, and the court must may appoint a 1063
guardian ad litem for the child if a guardian ad litem has not 1064
previously been appointed . 1065
Section 20. Paragrap h (c) of subsection (3) of section 1066
39.522, Florida Statutes, is amended to read: 1067
39.522 Postdisposition change of custody. — 1068
(3) 1069
(c)1. The department or community -based care lead agency 1070
must notify a current caregiver who has been in the physical 1071
custody placement for at least 9 consecutive months and who 1072
meets all the established criteria in paragraph (b) of an intent 1073
to change the physical custody of the child, and a 1074
multidisciplinary team staffing must be held in accordance with 1075
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ss. 39.4022 and 39.40 23 at least 21 days before the intended 1076
date for the child's change in physical custody, unless there is 1077
an emergency situation as defined in s. 39.4022(2)(b). If there 1078
is not a unanimous consensus decision reached by the 1079
multidisciplinary team, the depart ment's official position must 1080
be provided to the parties within the designated time period as 1081
provided for in s. 39.4022. 1082
2. A caregiver who objects to the department's official 1083
position on the change in physical custody must notify the court 1084
and the department or community -based care lead agency of his or 1085
her objection and the intent to request an evidentiary hearing 1086
in writing in accordance with this section within 5 days after 1087
receiving notice of the department's official position provided 1088
under subparagraph 1. The transition of the child to the new 1089
caregiver may not begin before the expiration of the 5 -day 1090
period within which the current caregiver may object. 1091
3. Upon the department or community -based care lead agency 1092
receiving written notice of the c aregiver's objection, the 1093
change to the child's physical custody must be placed in 1094
abeyance and the child may not be transitioned to a new physical 1095
placement without a court order, unless there is an emergency 1096
situation as defined in s. 39.4022(2)(b). 1097
4. Within 7 days after receiving written notice from the 1098
caregiver, the court must conduct an initial case status 1099
hearing, at which time the court must do all of the following : 1100
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a. Grant party status to the current caregiver who is 1101
seeking permanent custody and has maintained physical custody of 1102
that child for at least 9 continuous months for the limited 1103
purpose of filing a motion for a hearing on the objection and 1104
presenting evidence pursuant to this subsection .; 1105
b. Appoint an attorney for the child who i s the subject of 1106
the permanent custody proceeding, in addition to the guardian ad 1107
litem, if one is appointed; 1108
b.c. Advise the caregiver of his or her right to retain 1109
counsel for purposes of the evidentiary hearing .; and 1110
c.d. Appoint a court-selected neutral and independent 1111
licensed professional with expertise in the science and research 1112
of child-parent bonding. 1113
Section 21. Paragraph (c) of subsection (1) and paragraph 1114
(c) of subsection (3) of section 39.6012, Florida Statutes, are 1115
amended to read: 1116
39.6012 Case plan tasks; services. — 1117
(1) The services to be provided to the parent and the 1118
tasks that must be completed are subject to the following: 1119
(c) If there is evidence of harm as defined in s. 1120
39.01(37)(g) s. 39.01(34)(g), the case plan must inc lude as a 1121
required task for the parent whose actions caused the harm that 1122
the parent submit to a substance abuse disorder assessment or 1123
evaluation and participate and comply with treatment and 1124
services identified in the assessment or evaluation as being 1125
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necessary. 1126
(3) In addition to any other requirement, if the child is 1127
in an out-of-home placement, the case plan must include: 1128
(c) When appropriate, for a child who is 13 years of age 1129
or older, a written description of the programs and services 1130
that will help the child prepare for the transition from foster 1131
care to independent living. The written description must include 1132
age-appropriate activities for the child's development of 1133
relationships, coping skills, and emotional well -being. 1134
Section 22. Section 39.6036, Florida Statutes, is created 1135
to read: 1136
39.6036 Supportive adults for children transitioning out 1137
of foster care.— 1138
(1) The Legislature finds that a committed, caring adult 1139
provides a lifeline for a child transitioning out of foster care 1140
to live independently. Accordingly, it is the intent of the 1141
Legislature that the Statewide Guardian ad Litem Office help 1142
children connect with supportive adults with the hope of 1143
creating an ongoing relationship that lasts into adulthood. 1144
(2) The Statewide Guardi an ad Litem Office shall work with 1145
a child who is transitioning out of foster care to identify at 1146
least one supportive adult with whom the child can enter into a 1147
formal agreement for an ongoing relationship and document such 1148
agreement in the child's court file. If the child cannot 1149
identify a supportive adult, the Statewide Guardian ad Litem 1150
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Office shall work in coordination with the Office of Continuing 1151
Care to identify at least one supportive adult with whom the 1152
child can enter into a formal agreement for an ongoing 1153
relationship and document such agreement in the child's court 1154
file. 1155
Section 23. Paragraph (c) of subsection (10) of section 1156
39.621, Florida Statutes, is amended to read: 1157
39.621 Permanency determination by the court. — 1158
(10) The permanency placement is intended to continue 1159
until the child reaches the age of majority and may not be 1160
disturbed absent a finding by the court that the circumstances 1161
of the permanency placement are no longer in the best interest 1162
of the child. 1163
(c) The court shall b ase its decision concerning any 1164
motion by a parent for reunification or increased contact with a 1165
child on the effect of the decision on the safety, well -being, 1166
and physical and emotional health of the child. Factors that 1167
must be considered and addressed in the findings of fact of the 1168
order on the motion must include: 1169
1. The compliance or noncompliance of the parent with the 1170
case plan; 1171
2. The circumstances which caused the child's dependency 1172
and whether those circumstances have been resolved; 1173
3. The stability and longevity of the child's placement; 1174
4. The preferences of the child, if the child is of 1175
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sufficient age and understanding to express a preference; 1176
5. The recommendation of the current custodian; and 1177
6. Any The recommendation of the guard ian ad litem, if one 1178
has been appointed. 1179
Section 24. Subsection (2) of section 39.6241, Florida 1180
Statutes, is amended to read: 1181
39.6241 Another planned permanent living arrangement. — 1182
(2) The department and the guardian ad litem must provide 1183
the court with a recommended list and description of services 1184
needed by the child, such as independent living services and 1185
medical, dental, educational, or psychological referrals, and a 1186
recommended list and description of services needed by his or 1187
her caregiver. The guardian ad litem must also advise the court 1188
whether the child has been connected with a supportive adult 1189
and, if the child has been connected with a supportive adult, 1190
whether the child has entered into a formal agreement with the 1191
adult. If the child has entered into a formal agreement pursuant 1192
to s. 39.6036, the guardian ad litem must ensure that the 1193
agreement is documented in the child's court file. 1194
Section 25. Paragraphs (b) and ( f) of subsection (1), 1195
paragraph (c) of subsection (2), subsection (3), and paragraph 1196
(e) of subsection (4) of section 39.701, Florida Statutes, are 1197
amended to read: 1198
39.701 Judicial review. — 1199
(1) GENERAL PROVISIONS. — 1200
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(b)1. The court shall retain jurisd iction over a child 1201
returned to his or her parents for a minimum period of 6 months 1202
after following the reunification, but, at that time, based on a 1203
report of the social service agency and the guardian ad litem , 1204
if one has been appointed, and any other relevant factors, the 1205
court shall make a determination as to whether supervision by 1206
the department and the court's jurisdiction shall continue or be 1207
terminated. 1208
2. Notwithstanding subparagraph 1., the court must retain 1209
jurisdiction over a child if the child is placed in the home 1210
with a parent or caregiver with an in -home safety plan and such 1211
safety plan remains necessary for the child to reside safely in 1212
the home. 1213
(f) Notice of a judicial review hearing or a citizen 1214
review panel hearing, and a copy of the motion for judicial 1215
review, if any, must be served by the clerk of the court upon 1216
all of the following persons, if available to be served, 1217
regardless of whether the person was present at the previous 1218
hearing at which the date, time, and location of the hea ring was 1219
announced: 1220
1. The social service agency charged with the supervision 1221
of care, custody, or guardianship of the child, if that agency 1222
is not the movant. 1223
2. The foster parent or legal custodian in whose home the 1224
child resides. 1225
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3. The parents. 1226
4. The guardian ad litem for the child , or the 1227
representative of the guardian ad litem program if the program 1228
has been appointed. 1229
5. The attorney ad litem for the child, if one is 1230
appointed. 1231
6. The child, if the child is 13 years of age or older. 1232
7. Any preadoptive parent. 1233
8. Such other persons as the court may direct. 1234
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1235
AGE.— 1236
(c) Review determinations. —The court and any citizen 1237
review panel shall take into consideration the information 1238
contained in the social services study and investigation and all 1239
medical, psychological, and educational records that support the 1240
terms of the case plan; testimony by the social services agency, 1241
the parent, the foster parent or caregiver, the guardian ad 1242
litem, the or surrogate parent for educational decisionmaking if 1243
one has been appointed for the child, and any other person 1244
deemed appropriate; and any relevant and material evidence 1245
submitted to the court, including written and oral reports to 1246
the extent of their probative value. These reports and evidence 1247
may be received by the court in its effort to determine the 1248
action to be taken with regard to the child and may be relied 1249
upon to the extent of their probative value, even though not 1250
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competent in an adjudic atory hearing. In its deliberations, the 1251
court and any citizen review panel shall seek to determine: 1252
1. If the parent was advised of the right to receive 1253
assistance from any person or social service agency in the 1254
preparation of the case plan. 1255
2. If the parent has been advised of the right to have 1256
counsel present at the judicial review or citizen review 1257
hearings. If not so advised, the court or citizen review panel 1258
shall advise the parent of such right. 1259
3. If a guardian ad litem needs to be appointed f or the 1260
child in a case in which a guardian ad litem has not previously 1261
been appointed or if there is a need to continue a guardian ad 1262
litem in a case in which a guardian ad litem has been appointed . 1263
4. Who holds the rights to make educational decisions f or 1264
the child. If appropriate, the court may refer the child to the 1265
district school superintendent for appointment of a surrogate 1266
parent or may itself appoint a surrogate parent under the 1267
Individuals with Disabilities Education Act and s. 39.0016. 1268
5. The compliance or lack of compliance of all parties 1269
with applicable items of the case plan, including the parents' 1270
compliance with child support orders. 1271
6. The compliance or lack of compliance with a visitation 1272
contract between the parent and the social service agency for 1273
contact with the child, including the frequency, duration, and 1274
results of the parent -child visitation and the reason for any 1275
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noncompliance. 1276
7. The frequency, kind, and duration of contacts among 1277
siblings who have been separated during placement, as well as 1278
any efforts undertaken to reunite separated siblings if doing so 1279
is in the best interests of the child. 1280
8. The compliance or lack of compliance of the parent in 1281
meeting specified financial obligations pertaining to the care 1282
of the child, including the reason for failure to comply, if 1283
applicable. 1284
9. Whether the child is receiving safe and proper care 1285
according to s. 39.6012, includi ng, but not limited to, the 1286
appropriateness of the child's current placement, including 1287
whether the child is in a setting that is as family -like and as 1288
close to the parent's home as possible, consistent with the 1289
child's best interests and special needs, an d including 1290
maintaining stability in the child's educational placement, as 1291
documented by assurances from the community -based care lead 1292
agency that: 1293
a. The placement of the child takes into account the 1294
appropriateness of the current educational setting an d the 1295
proximity to the school in which the child is enrolled at the 1296
time of placement. 1297
b. The community-based care lead agency has coordinated 1298
with appropriate local educational agencies to ensure that the 1299
child remains in the school in which the child i s enrolled at 1300
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the time of placement. 1301
10. A projected date likely for the child's return home or 1302
other permanent placement. 1303
11. When appropriate, the basis for the unwillingness or 1304
inability of the parent to become a party to a case plan. The 1305
court and the citizen review panel shall determine if the 1306
efforts of the social service agency to secure party 1307
participation in a case plan were sufficient. 1308
12. For a child who has reached 13 years of age but is not 1309
yet 18 years of age, the adequacy of the child's preparation for 1310
adulthood and independent living. For a child who is 15 years of 1311
age or older, the court shall determine if appropriate steps are 1312
being taken for the child to obtain a driver license or 1313
learner's driver license. 1314
13. If amendments to the case plan are required. 1315
Amendments to the case plan must be made under s. 39.6013. 1316
14. If the parents and caregivers have developed a 1317
productive relationship that includes meaningful communication 1318
and mutual support. 1319
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1320
At each review hearing held under this subsection, the court 1321
shall give the child and the guardian ad litem the opportunity 1322
to address the court and provide any information relevant to the 1323
child's best interest, particularly in relati on to independent 1324
living transition services. The foster parent or, legal 1325
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custodian, or guardian ad litem may also provide any information 1326
relevant to the child's best interest to the court. In addition 1327
to the review and report required under paragraphs (1 )(a) and 1328
(2)(a), respectively, and the review and report required under 1329
s. 39.822(2)(a)2., the court shall: 1330
(a) Inquire about the life skills the child has acquired 1331
and whether those services are age appropriate, at the first 1332
judicial review hearing held subsequent to the child's 16th 1333
birthday. At the judicial review hearing, the department shall 1334
provide the court with a report that includes specific 1335
information related to the life skills that the child has 1336
acquired since the child's 13th birthday or sinc e the date the 1337
child came into foster care, whichever came later. For any child 1338
who may meet the requirements for appointment of a guardian 1339
advocate under s. 393.12 or a guardian under chapter 744, the 1340
updated case plan must be developed in a face -to-face conference 1341
with the child, if appropriate; the child's attorney ad litem, 1342
if one is appointed; the child's ; any court-appointed guardian 1343
ad litem; the temporary custodian of the child; and the parent 1344
of the child, if the parent's rights have not been termi nated. 1345
(b) The court shall hold a judicial review hearing within 1346
90 days after a child's 17th birthday. The court shall issue an 1347
order, separate from the order on judicial review, that the 1348
disability of nonage of the child has been removed under ss. 1349
743.044-743.047 for any disability that the court finds is in 1350
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the child's best interest to remove. The department shall 1351
include in the social study report for the first judicial review 1352
that occurs after the child's 17th birthday written verification 1353
that the child has: 1354
1. A current Medicaid card and all necessary information 1355
concerning the Medicaid program sufficient to prepare the child 1356
to apply for coverage upon reaching the age of 18, if such 1357
application is appropriate. 1358
2. A certified copy of the child's birth certificate and, 1359
if the child does not have a valid driver license, a Florida 1360
identification card issued under s. 322.051. 1361
3. A social security card and information relating to 1362
social security insurance benefits if the child is eligible for 1363
those benefits. If the child has received such benefits and they 1364
are being held in trust for the child, a full accounting of 1365
these funds must be provided and the child must be informed as 1366
to how to access those funds. 1367
4. All relevant information related to the Road-to-1368
Independence Program under s. 409.1451, including, but not 1369
limited to, eligibility requirements, information on 1370
participation, and assistance in gaining admission to the 1371
program. If the child is eligible for the Road -to-Independence 1372
Program, he or she must be advised that he or she may continue 1373
to reside with the licensed family home or group care provider 1374
with whom the child was residing at the time the child attained 1375
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his or her 18th birthday, in another licensed family home, or 1376
with a group care provider arranged by the department. 1377
5. An open bank account or the identification necessary to 1378
open a bank account and to acquire essential banking and 1379
budgeting skills. 1380
6. Information on public assistance and how to apply for 1381
public assistance. 1382
7. A clear understanding of where he or she will be living 1383
on his or her 18th birthday, how living expenses will be paid, 1384
and the educational program or school in which he or she will be 1385
enrolled. 1386
8. Information related to the ability of the child to 1387
remain in care until he or she reaches 21 years of age under s. 1388
39.013. 1389
9. A letter providing the dates that the child is under 1390
the jurisdiction of the court. 1391
10. A letter stating that the child is in compliance with 1392
financial aid documentation requirements. 1393
11. The child's educational records. 1394
12. The child's entire health and mental health records. 1395
13. The process for accessing the child's case file. 1396
14. A statement encouraging the child to attend all 1397
judicial review hearings. 1398
15. Information on h ow to obtain a driver license or 1399
learner's driver license. 1400
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(c) At the first judicial review hearing held subsequent 1401
to the child's 17th birthday, if the court determines pursuant 1402
to chapter 744 that there is a good faith basis to believe that 1403
the child qualifies for appointment of a guardian advocate, 1404
limited guardian, or plenary guardian for the child and that no 1405
less restrictive decisionmaking assistance will meet the child's 1406
needs: 1407
1. The department shall complete a multidisciplinary 1408
report which must include, but is not limited to, a psychosocial 1409
evaluation and educational report if such a report has not been 1410
completed within the previous 2 years. 1411
2. The department shall identify one or more individuals 1412
who are willing to serve as the guardian adv ocate under s. 1413
393.12 or as the plenary or limited guardian under chapter 744. 1414
Any other interested parties or participants may make efforts to 1415
identify such a guardian advocate, limited guardian, or plenary 1416
guardian. The child's biological or adoptive fam ily members, 1417
including the child's parents if the parents' rights have not 1418
been terminated, may not be considered for service as the 1419
plenary or limited guardian unless the court enters a written 1420
order finding that such an appointment is in the child's best 1421
interests. 1422
3. Proceedings may be initiated within 180 days after the 1423
child's 17th birthday for the appointment of a guardian 1424
advocate, plenary guardian, or limited guardian for the child in 1425
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a separate proceeding in the court division with jurisdiction 1426
over guardianship matters and pursuant to chapter 744. The 1427
Legislature encourages the use of pro bono representation to 1428
initiate proceedings under this section. 1429
4. In the event another interested party or participant 1430
initiates proceedings for the appointm ent of a guardian 1431
advocate, plenary guardian, or limited guardian for the child, 1432
the department shall provide all necessary documentation and 1433
information to the petitioner to complete a petition under s. 1434
393.12 or chapter 744 within 45 days after the first judicial 1435
review hearing after the child's 17th birthday. 1436
5. Any proceedings seeking appointment of a guardian 1437
advocate or a determination of incapacity and the appointment of 1438
a guardian must be conducted in a separate proceeding in the 1439
court division with jurisdiction over guardianship matters and 1440
pursuant to chapter 744. 1441
(d) If the court finds at the judicial review hearing 1442
after the child's 17th birthday that the department has not met 1443
its obligations to the child as stated in this part, in the 1444
written case plan, or in the provision of independent living 1445
services, the court may issue an order directing the department 1446
to show cause as to why it has not done so. If the department 1447
cannot justify its noncompliance, the court may give the 1448
department 30 days within which to comply. If the department 1449
fails to comply within 30 days, the court may hold the 1450
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department in contempt. 1451
(e) If necessary, the court may review the status of the 1452
child more frequently during the year before the child's 18th 1453
birthday. At the last review hearing before the child reaches 18 1454
years of age, and in addition to the requirements of subsection 1455
(2), the court shall: 1456
1. Address whether the child plans to remain in foster 1457
care, and, if so, ensure that the child's transition plan 1458
includes a plan for meeting one or more of the criteria 1459
specified in s. 39.6251 and determine if the child has entered 1460
into a formal agreement for an ongoing relationship with a 1461
supportive adult. 1462
2. Ensure that the transition plan includes a supervised 1463
living arrangement under s. 39.6251. 1464
3. Ensure the child has been informed of: 1465
a. The right to continued support and services from the 1466
department and the community -based care lead agency. 1467
b. The right to request termination of dependency 1468
jurisdiction and be discharged from foster care. 1469
c. The opportunity to reenter foster care under s. 1470
39.6251. 1471
4. Ensure that the child, if he or she requests 1472
termination of dependency jurisdiction and discharge from foster 1473
care, has been informed of: 1474
a. Services or benefits for which the child may be 1475
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eligible based on his or her former placement in foster care, 1476
including, but not limited to, the assistance of the Office of 1477
Continuing Care under s. 414.56. 1478
b. Services or benefits that may be lost through 1479
termination of dependency jurisdiction. 1480
c. Other federal, state, local, or community -based 1481
services or supports available to him or her. 1482
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1483
During each period of time that a young adult remains in foster 1484
care, the court shall review the status of the young adult at 1485
least every 6 months and must hold a permanency review hearing 1486
at least annually. 1487
(e)1. Notwithstanding the provisions of this subsection, 1488
if a young adult has chosen to remain in extended foster care 1489
after he or she has reached 18 years of age, the department may 1490
not close a case and the court may not terminate jurisdiction 1491
until the court finds, following a hearing, that the following 1492
criteria have been met: 1493
a.1. Attendance of the young adult at the hearing; or 1494
b.2. Findings by the court that: 1495
(I)a. The young adult has been informed by the department 1496
of his or her right to attend the hearing and has provided 1497
written consent to waive this right; and 1498
(II)b. The young adult has been informed of th e potential 1499
negative effects of early termination of care, the option to 1500
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reenter care before reaching 21 years of age, the procedure for, 1501
and limitations on, reentering care, and the availability of 1502
alternative services, and has signed a document attesting that 1503
he or she has been so informed and understands these provisions; 1504
or 1505
(III)c. The young adult has voluntarily left the program, 1506
has not signed the document in sub -subparagraph b., and is 1507
unwilling to participate in any further court proceeding. 1508
2.3. In all permanency hearings or hearings regarding the 1509
transition of the young adult from care to independent living, 1510
the court shall consult with the young adult regarding the 1511
proposed permanency plan, case plan, and individual education 1512
plan for the young adult and ensure that he or she has 1513
understood the conversation. The court shall also inquire of the 1514
young adult regarding his or her relationship with the 1515
supportive adult with whom the young adult has entered into a 1516
formal agreement for an ongoing rela tionship, if such agreement 1517
exists. 1518
Section 26. Paragraph (a) of subsection (3) of section 1519
39.801, Florida Statutes, is amended to read: 1520
39.801 Procedures and jurisdiction; notice; service of 1521
process.— 1522
(3) Before the court may terminate parental ri ghts, in 1523
addition to the other requirements set forth in this part, the 1524
following requirements must be met: 1525
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(a) Notice of the date, time, and place of the advisory 1526
hearing for the petition to terminate parental rights; if 1527
applicable, instructions for appearance through audio -video 1528
communication technology; and a copy of the petition must be 1529
personally served upon the following persons, specifically 1530
notifying them that a petition has been filed: 1531
1. The parents of the child. 1532
2. The legal custodians o f the child. 1533
3. If the parents who would be entitled to notice are dead 1534
or unknown, a living relative of the child, unless upon diligent 1535
search and inquiry no such relative can be found. 1536
4. Any person who has physical custody of the child. 1537
5. Any grandparent entitled to priority for adoption under 1538
s. 63.0425. 1539
6. Any prospective parent who has been identified under s. 1540
39.503 or s. 39.803, unless a court order has been entered 1541
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1542
indicates no further notice is required. Except as otherwise 1543
provided in this section, if there is not a legal father, notice 1544
of the petition for termination of parental rights must be 1545
provided to any known prospective father who is identified under 1546
oath before the cour t or who is identified by a diligent search 1547
of the Florida Putative Father Registry. Service of the notice 1548
of the petition for termination of parental rights is not 1549
required if the prospective father executes an affidavit of 1550
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nonpaternity or a consent to te rmination of his parental rights 1551
which is accepted by the court after notice and opportunity to 1552
be heard by all parties to address the best interests of the 1553
child in accepting such affidavit. 1554
7. The guardian ad litem for the child or the 1555
representative of the guardian ad litem program, if the program 1556
has been appointed. 1557
1558
A party may consent to service or notice by e -mail by providing 1559
a primary e-mail address to the clerk of the court. The document 1560
containing the notice to respond or appear must contain, i n type 1561
at least as large as the type in the balance of the document, 1562
the following or substantially similar language: "FAILURE TO 1563
APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1564
TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1565
YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1566
ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1567
THE PETITION ATTACHED TO THIS NOTICE." 1568
Section 27. Subsection (2) of section 39.807, Florida 1569
Statutes, is amended to read: 1570
39.807 Right to counsel; guardian ad litem. — 1571
(2)(a) The court shall appoint a guardian ad litem to 1572
represent the best interest of the child in any termination of 1573
parental rights proceedings and shall ascertain at each stage of 1574
the proceedings whether a guard ian ad litem has been appointed. 1575
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(b) The guardian ad litem has the following 1576
responsibilities and authorities listed in s. 39.822. : 1577
1. To investigate the allegations of the petition and any 1578
subsequent matters arising in the case and, 1579
(c) Unless excused by the court, the guardian ad litem 1580
must to file a written report. This report must include a 1581
statement of the wishes of the child and the recommendations of 1582
the guardian ad litem and must be provided to all parties and 1583
the court at least 72 hours befor e the disposition hearing. 1584
2. To be present at all court hearings unless excused by 1585
the court. 1586
3. To represent the best interests of the child until the 1587
jurisdiction of the court over the child terminates or until 1588
excused by the court. 1589
(c) A guardian ad litem is not required to post bond but 1590
shall file an acceptance of the office. 1591
(d) A guardian ad litem is entitled to receive service of 1592
pleadings and papers as provided by the Florida Rules of 1593
Juvenile Procedure. 1594
(d)(e) This subsection does not apply to any voluntary 1595
relinquishment of parental rights proceeding. 1596
Section 28. Subsection (2) of section 39.808, Florida 1597
Statutes, is amended to read: 1598
39.808 Advisory hearing; pretrial status conference. — 1599
(2) At the hearing the court shall inform the parties of 1600
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their rights under s. 39.807, shall appoint counsel for the 1601
parties in accordance with legal requirements, and shall appoint 1602
a guardian ad litem to represent the interests of the child if 1603
one has not already been appointed. 1604
Section 29. Subsection (2) of section 39.815, Florida 1605
Statutes, is amended to read: 1606
39.815 Appeal.— 1607
(2) An attorney for the department shall represent the 1608
state upon appeal. When a notice of appeal is filed in the 1609
circuit court, the cler k shall notify the attorney for the 1610
department, together with the attorney for the parent, the 1611
guardian ad litem, and the any attorney ad litem for the child, 1612
if one is appointed. 1613
Section 30. Section 39.820, Florida Statutes, is repealed. 1614
Section 31. Subsections (1) and (3) of section 39.821, 1615
Florida Statutes, are amended to read: 1616
39.821 Qualifications of guardians ad litem. — 1617
(1) Because of the special trust or responsibility placed 1618
in a guardian ad litem, the Statewide Guardian ad Litem Office 1619
Program may use any private funds collected by the office 1620
program, or any state funds so designated, to conduct a security 1621
background investigation before certifying a volunteer to serve. 1622
A security background investigation must include, but need not 1623
be limited to, employment history checks, checks of references, 1624
local criminal history records checks through local law 1625
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enforcement agencies, and statewide criminal history records 1626
checks through the Department of Law Enforcement. Upon request, 1627
an employer shall furnish a copy of the personnel record for the 1628
employee or former employee who is the subject of a security 1629
background investigation conducted under this section. The 1630
information contained in the personnel record may include, but 1631
need not be limited to, disciplinary matters and the reason why 1632
the employee was terminated from employment. An employer who 1633
releases a personnel record for purposes of a security 1634
background investigation is presumed to have acted in good faith 1635
and is not liable for information c ontained in the record 1636
without a showing that the employer maliciously falsified the 1637
record. A security background investigation conducted under this 1638
section must ensure that a person is not certified as a guardian 1639
ad litem if the person has an arrest awai ting final disposition 1640
for, been convicted of, regardless of adjudication, entered a 1641
plea of nolo contendere or guilty to, or been adjudicated 1642
delinquent and the record has not been sealed or expunged for, 1643
any offense prohibited under the provisions listed in s. 435.04. 1644
All applicants must undergo a level 2 background screening 1645
pursuant to chapter 435 before being certified to serve as a 1646
guardian ad litem. In analyzing and evaluating the information 1647
obtained in the security background investigation, the office 1648
program must give particular emphasis to past activities 1649
involving children, including, but not limited to, child -related 1650
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criminal offenses or child abuse. The office program has sole 1651
discretion in determining whether to certify a person based on 1652
his or her security background investigation. The information 1653
collected pursuant to the security background investigation is 1654
confidential and exempt from s. 119.07(1). 1655
(3) It is a misdemeanor of the first degree, punishable as 1656
provided in s. 775.082 or s. 775 .083, for any person to 1657
willfully, knowingly, or intentionally fail, by false statement, 1658
misrepresentation, impersonation, or other fraudulent means, to 1659
disclose in any application for a volunteer position or for paid 1660
employment with the Statewide Guardian ad Litem Office Program, 1661
any material fact used in making a determination as to the 1662
applicant's qualifications for such position. 1663
Section 32. Section 39.822, Florida Statutes, is amended 1664
to read: 1665
39.822 Appointment of guardian ad litem for abused, 1666
abandoned, or neglected child. — 1667
(1) A guardian ad litem shall be appointed by the court at 1668
the earliest possible time to represent the child in any child 1669
abuse, abandonment, or neglect judicial proceeding, whether 1670
civil or criminal. A guardian ad litem is a fiduciary and must 1671
provide independent representation of the child using a best 1672
interest standard of decisionmaking and advocacy. 1673
(2)(a) A guardian ad litem must: 1674
1. Be present at all court hearings unless excused by the 1675
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court. 1676
2. Investigate issu es related to the best interest of the 1677
child who is the subject of the appointment, review all 1678
disposition recommendations and changes in placement, and, 1679
unless excused by the court, file written reports and 1680
recommendations in accordance with general law. 1681
3. Represent the child until the court's jurisdiction over 1682
the child terminates or until excused by the court. 1683
4. Advocate for the child's participation in the 1684
proceedings and to report the child's preferences to the court, 1685
to the extent the child has the ability and desire to express 1686
his or her preferences. 1687
5. Perform other duties that are consistent with the scope 1688
of the appointment. 1689
(b) A guardian ad litem shall have immediate and unlimited 1690
access to the children he or she represents. 1691
(c) A guardian ad litem is not required to post bond but 1692
must file an acceptance of the appointment. 1693
(d) A guardian ad litem is entitled to receive service of 1694
pleadings and papers as provided by the Florida Rules of 1695
Juvenile Procedure. 1696
(3) Any person participat ing in a civil or criminal 1697
judicial proceeding resulting from such appointment shall be 1698
presumed prima facie to be acting in good faith and in so doing 1699
shall be immune from any liability, civil or criminal, that 1700
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otherwise might be incurred or imposed. 1701
(4)(2) In those cases in which the parents are financially 1702
able, the parent or parents of the child shall reimburse the 1703
court, in part or in whole, for the cost of provision of 1704
guardian ad litem representation services. Reimbursement to the 1705
individual providing guardian ad litem representation is not 1706
services shall not be contingent upon successful collection by 1707
the court from the parent or parents. 1708
(5)(3) Upon presentation by a guardian ad litem of a court 1709
order appointing the guardian ad litem: 1710
(a) An agency, as defined in chapter 119, shall allow the 1711
guardian ad litem to inspect and copy records related to the 1712
best interests of the child who is the subject of the 1713
appointment, including, but not limited to, records made 1714
confidential or exempt from s. 119 .07(1) or s. 24(a), Art. I of 1715
the State Constitution. The guardian ad litem shall maintain the 1716
confidential or exempt status of any records shared by an agency 1717
under this paragraph. 1718
(b) A person or an organization, other than an agency 1719
under paragraph (a), shall allow the guardian ad litem to 1720
inspect and copy any records related to the best interests of 1721
the child who is the subject of the appointment, including, but 1722
not limited to, confidential records . 1723
1724
For the purposes of this subsection, the term "records related 1725
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to the best interests of the child" includes, but is not limited 1726
to, medical, mental health, substance abuse, child care, 1727
education, law enforcement, court, social services, and 1728
financial records. 1729
(4) The guardian ad litem or the program representative 1730
shall review all disposition recommendations and changes in 1731
placements, and must be present at all critical stages of the 1732
dependency proceeding or submit a written report of 1733
recommendations to the court. Written reports must be filed with 1734
the court and served on all parties whose whereabouts are known 1735
at least 72 hours prior to the hearing. 1736
Section 33. Subsection (4) of section 39.827, Florida 1737
Statutes, is amended to read: 1738
39.827 Hearing for appointment of a guardian advocate. — 1739
(4) The hearing under this section must shall remain 1740
confidential and closed to the public. The clerk shall keep all 1741
court records required by this part separate from other records 1742
of the circuit court. All court records required by this part 1743
are shall be confidential and exempt from the provisions of s. 1744
119.07(1). All Records may only shall be inspected only upon 1745
order of the court by persons deemed by the court to have a 1746
proper interest therein, except that a ch ild and the parents or 1747
custodians of the child and their attorneys , the guardian ad 1748
litem, and the department and its designees , and the attorney ad 1749
litem, if one is appointed, shall always have the right to 1750
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inspect and copy any official record pertaining to the child. 1751
The court may permit authorized representatives of recognized 1752
organizations compiling statistics for proper purposes to 1753
inspect and make abstracts from official records, under whatever 1754
conditions upon their use and disposition the court may d eem 1755
proper, and may punish by contempt proceedings any violation of 1756
those conditions. All information obtained pursuant to this part 1757
in the discharge of official duty by any judge, employee of the 1758
court, or authorized agent of the department is shall be 1759
confidential and exempt from the provisions of s. 119.07(1) and 1760
may shall not be disclosed to anyone other than the authorized 1761
personnel of the court or the department and its designees, 1762
except upon order of the court. 1763
Section 34. Paragraphs (a), (b), an d (d) of subsection (1) 1764
and subsection (2) of section 39.8296, Florida Statutes, are 1765
amended to read: 1766
39.8296 Statewide Guardian ad Litem Office; legislative 1767
findings and intent; creation; appointment of executive 1768
director; duties of office. — 1769
(1) LEGISLATIVE FINDINGS AND INTENT. — 1770
(a) The Legislature finds that for the past 20 years, the 1771
Statewide Guardian Ad Litem Office Program has been the only 1772
mechanism for best interest representation for children in 1773
Florida who are involved in dependency proceedings. 1774
(b) The Legislature also finds that while the Statewide 1775
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Guardian Ad Litem Office Program has been supervised by court 1776
administration within the circuit courts since the office's 1777
program's inception, there is a perceived conflict of interest 1778
created by the supervision of program staff by the judges before 1779
whom they appear. 1780
(d) It is therefore the intent of the Legislature to p lace 1781
the Statewide Guardian Ad Litem Office Program in an appropriate 1782
place and provide a statewide infrastructure to increase 1783
functioning and standardization among the local offices programs 1784
currently operating in the 20 judicial circuits. 1785
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1786
Statewide Guardian ad Litem Office within the Justice 1787
Administrative Commission. The Justice Administrative Commission 1788
shall provide administrative support and service to the office 1789
to the extent requested by t he executive director within the 1790
available resources of the commission. The Statewide Guardian ad 1791
Litem Office is not subject to control, supervision, or 1792
direction by the Justice Administrative Commission in the 1793
performance of its duties, but the employees of the office are 1794
governed by the classification plan and salary and benefits plan 1795
approved by the Justice Administrative Commission. 1796
(a) The head of the Statewide Guardian ad Litem Office is 1797
the executive director, who shall be appointed by the Governo r 1798
from a list of a minimum of three eligible applicants submitted 1799
by a Guardian ad Litem Qualifications Committee. The Guardian ad 1800
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Litem Qualifications Committee shall be composed of five 1801
persons, two persons appointed by the Governor, two persons 1802
appointed by the Chief Justice of the Supreme Court, and one 1803
person appointed by the Statewide Guardian ad Litem Office 1804
Association. The committee shall provide for statewide 1805
advertisement and the receiving of applications for the position 1806
of executive director. T he Governor shall appoint an executive 1807
director from among the recommendations, or the Governor may 1808
reject the nominations and request the submission of new 1809
nominees. The executive director must have knowledge in 1810
dependency law and knowledge of social serv ice delivery systems 1811
available to meet the needs of children who are abused, 1812
neglected, or abandoned. The executive director shall serve on a 1813
full-time basis and shall personally, or through representatives 1814
of the office, carry out the purposes and functio ns of the 1815
Statewide Guardian ad Litem Office in accordance with state and 1816
federal law and the state's long -established policy of 1817
prioritizing children's best interests . The executive director 1818
shall report to the Governor. The executive director shall serve 1819
a 3-year term, subject to removal for cause by the Governor. Any 1820
person appointed to serve as the executive director may be 1821
permitted to serve more than one term without the necessity of 1822
convening the Guardian ad Litem Qualifications Committee . 1823
(b) The Statewide Guardian ad Litem Office shall, within 1824
available resources, have oversight responsibilities for and 1825
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provide technical assistance to all guardian ad litem and 1826
attorney ad litem offices programs located within the judicial 1827
circuits. 1828
1. The office shall identify the resources required to 1829
implement methods of collecting, reporting, and tracking 1830
reliable and consistent case data. 1831
2. The office shall review the current guardian ad litem 1832
offices programs in Florida and other states. 1833
3. The office, in consultation with local guardian ad 1834
litem offices, shall develop statewide performance measures and 1835
standards. 1836
4. The office shall develop and maintain a guardian ad 1837
litem training program , which must be updated regularly , which 1838
shall include, but is not limited to, training on the 1839
recognition of and responses to head trauma and brain injury in 1840
a child under 6 years of age. The office shall establish a 1841
curriculum committee to develop the training program specified 1842
in this subparagraph. The curriculum c ommittee shall include, 1843
but not be limited to, dependency judges, directors of circuit 1844
guardian ad litem programs, active certified guardians ad litem, 1845
a mental health professional who specializes in the treatment of 1846
children, a member of a child advocacy group, a representative 1847
of a domestic violence advocacy group, an individual with a 1848
degree in social work, and a social worker experienced in 1849
working with victims and perpetrators of child abuse . 1850
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5. The office shall review the various methods of funding 1851
guardian ad litem offices programs, maximize the use of those 1852
funding sources to the extent possible, and review the kinds of 1853
services being provided by circuit guardian ad litem offices 1854
programs. 1855
6. The office shall determine the feasibility or 1856
desirability of new concepts of organization, administration, 1857
financing, or service delivery designed to preserve the civil 1858
and constitutional rights and fulfill other needs of dependent 1859
children. 1860
7. The office shall ensure that each child has an attorney 1861
assigned to his or her case and, within available resources, is 1862
represented using multidisciplinary teams that may include 1863
volunteers, pro bono attorneys, social workers, and mentors. 1864
8. The office shall provide oversight and technical 1865
assistance to attorneys ad litem, including, but not limited to, 1866
all of the following: 1867
a. Develop an attorney ad litem training program in 1868
collaboration with dependency court stakeholders, including, but 1869
not limited to, dependency judges, representatives from legal 1870
aid providing attorney ad litem representation, and an attorney 1871
ad litem appointed from a registry maintained by the chief 1872
judge. The training program must be updated regularly with or 1873
without convening the st akeholders group. 1874
b. Offer consultation and technical assistance to chief 1875
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judges in maintaining attorney registries for the selection of 1876
attorneys ad litem. 1877
c. Assist with recruitment, training, and mentoring of 1878
attorneys ad litem as needed. 1879
9.7. In an effort to promote normalcy and establish trust 1880
between a court-appointed volunteer guardian ad litem and a 1881
child alleged to be abused, abandoned, or neglected under this 1882
chapter, a guardian ad litem may transport a child. However, a 1883
guardian ad litem volunteer may not be required by a guardian ad 1884
litem circuit office or ordered by or directed by the program or 1885
a court to transport a child. 1886
10.8. The office shall submit to the Governor, the 1887
President of the Senate, the Speaker of the House of 1888
Representatives, and the Chief Justice of the Supreme Court an 1889
interim report describing the progress of the office in meeting 1890
the goals as described in this section. The office shall submit 1891
to the Governor, the President of the Senate, the Speaker of the 1892
House of Representatives, and the Chief Justice of the Supreme 1893
Court a proposed plan including alternatives for meeting the 1894
state's guardian ad litem and attorney ad litem needs. This plan 1895
may include recommendations for less than the entire state, may 1896
include a phase-in system, and shall include estimates of the 1897
cost of each of the alternatives. Each year the office shall 1898
provide a status report and provide further recommendations to 1899
address the need for guardian ad litem representation services 1900
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and related issues. 1901
Section 35. Section 39.8297, Florida Statutes, is amended 1902
to read: 1903
39.8297 County funding for guardian ad litem employees. — 1904
(1) A county and the executive director of the Statewide 1905
Guardian ad Litem Office may enter into an agreement by which 1906
the county agrees to provide funds to the local guardian ad 1907
litem office in order to employ persons who will assist in the 1908
operation of the guardian ad litem office program in the county. 1909
(2) The agreement, at a minimum, must provide that: 1910
(a) Funding for the persons who are employed will be 1911
provided on at least a fiscal -year basis. 1912
(b) The persons who are employed will be hired, 1913
supervised, managed, and terminated by the executive director of 1914
the Statewide Guardian ad Litem Office. The statewide office is 1915
responsible for compliance with all requirements of federal and 1916
state employment laws, and shall fully indemnify the county from 1917
any liability under such laws, as authorized by s. 768.28(19), 1918
to the extent such liability is the result of the acts or 1919
omissions of the Statewide Guardian ad Litem Office or its 1920
agents or employees. 1921
(c) The county is the employer for purposes of s. 440.10 1922
and chapter 443. 1923
(d) Employees funded by the county under this section and 1924
other county employees may be aggregated for purposes of a 1925
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flexible benefits plan pursuant to s. 125 of the Internal 1926
Revenue Code of 1986. 1927
(e) Persons employed under this section may be terminated 1928
after a substantial breach of the agreement or because funding 1929
to the guardian ad litem office program has expired. 1930
(3) Persons employed under this section may not be counted 1931
in a formula or similar process used by the Statewide Guardian 1932
ad Litem Office to measure personnel needs of a judicial 1933
circuit's guardian ad litem office program. 1934
(4) Agreements created pursuant to this section do not 1935
obligate the state to allocate funds to a county to employ 1936
persons in the guardian ad litem office program. 1937
Section 36. Section 39.8298, Florida Statutes, is amended 1938
to read: 1939
39.8298 Guardian ad Litem direct-support organizations 1940
organization.— 1941
(1) AUTHORITY.—The Statewide Guardian ad Litem Office 1942
created under s. 39.8296 is authorized to create a state direct-1943
support organization and to create or designate local direct -1944
support organizations. T he executive director of the Statewide 1945
Guardian ad Litem Office is responsible for designating local 1946
direct-support organizations under this subsection . 1947
(a) The state direct-support organization and the local 1948
direct-support organizations must be a Florida corporations 1949
corporation not for profit, incorporated under the provisions of 1950
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chapter 617. The state direct-support organization and the local 1951
direct-support organizations are shall be exempt from paying 1952
fees under s. 617.0122. 1953
(b) The state direct-support organization and each local 1954
direct-support organization must shall be organized and operated 1955
to conduct programs and activities; raise funds; request and 1956
receive grants, gifts, and bequests of moneys; acquire, receive, 1957
hold, invest, and administer, in its own name, securities, 1958
funds, objects of value, or other property, real or personal; 1959
and make expenditures to or for the direct or indirect benefit 1960
of the Statewide Guardian ad Litem Office , including the local 1961
guardian ad litem offices . 1962
(c) If the executive director of the Statewide Guardian ad 1963
Litem Office determines that the state direct-support 1964
organization or a local direct-support organization is operating 1965
in a manner that is inconsistent with the goals and purposes of 1966
the Statewide Guardian ad Litem Office or not acting in the best 1967
interest of the state, the executive director may terminate the 1968
organization's contract and thereafter the organization may not 1969
use the name of the Statewide Guardian ad Litem Office. 1970
(2) CONTRACTS CONTRACT.—The state direct-support 1971
organization and the local direct -support organizations shall 1972
operate under a written contract with the Statewide Guardian Ad 1973
Litem Office. The written contract must, at a minimum, provide 1974
for: 1975
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(a) Approval of the articles of incorporation and bylaws 1976
of the direct-support organization by the executive director of 1977
the Statewide Guardian ad Litem Office. 1978
(b) Submission of an annual budget for the approval by the 1979
executive director of the Statewide Guardian ad Litem Office. 1980
(c) The reversion without penalty to the Statewide 1981
Guardian ad Litem Office, or to the state if the Statewide 1982
Guardian ad Litem Office ceases to exist, of all moneys and 1983
property held in trust by the state direct-support organization 1984
for the Statewide Gua rdian Ad Litem Office if the direct -support 1985
organization ceases to exist or if the contract is terminated. 1986
(d) The fiscal year of the state direct-support 1987
organization and the local direct -support organizations , which 1988
must begin July 1 of each year and e nd June 30 of the following 1989
year. 1990
(e) The disclosure of material provisions of the contract 1991
and the distinction between the Statewide Guardian ad Litem 1992
Office and the state direct-support organization or the local 1993
direct-support organization to donors of gifts, contributions, 1994
or bequests, as well as on all promotional and fundraising 1995
publications. 1996
(3) BOARD OF DIRECTORS. —The executive director of the 1997
Statewide Guardian ad Litem Office shall appoint a board of 1998
directors for the state direct-support organization. The 1999
executive director may designate employees of the Statewide 2000
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Guardian ad Litem Office to serve on the board of directors of 2001
the state direct-support organization or a local direct -support 2002
organization. Members of the board of the state direct-support 2003
organization or a local direct -support organization shall serve 2004
at the pleasure of the executive director. 2005
(4) USE OF PROPERTY AND SERVICES. —The executive director 2006
of the Statewide Guardian ad Litem Office: 2007
(a) May authorize the use of facilitie s and property other 2008
than money that are owned by the Statewide Guardian ad Litem 2009
Office to be used by the state direct-support organization or a 2010
local direct-support organization . 2011
(b) May authorize the use of personal services provided by 2012
employees of the Statewide Guardian ad Litem Office to be used 2013
by the state direct-support organization or a local direct -2014
support organization . For the purposes of this section, the term 2015
"personal services" includes full -time personnel and part -time 2016
personnel as well as payroll processing. 2017
(c) May prescribe the conditions by which the state 2018
direct-support organization or a local direct-support 2019
organization may use property, facilities, or personal services 2020
of the office or the state direct-support organization . 2021
(d) May Shall not authorize the use of property, 2022
facilities, or personal services by the state of the direct-2023
support organization or a local direct-support organization if 2024
the organization does not provide equal employment opportunities 2025
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to all persons, regardle ss of race, color, religion, sex, age, 2026
or national origin. 2027
(5) MONEYS.—Moneys of the state direct-support 2028
organization or a local direct-support organization must may be 2029
held in a separate depository account in the name of the direct -2030
support organization and subject to the provisions of the 2031
contract with the Statewide Guardian ad Litem Office. 2032
(6) ANNUAL AUDIT.—The state direct-support organization 2033
and a local direct-support organization must shall provide for 2034
an annual financial audit in accordance wit h s. 215.981. 2035
(7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—2036
The state direct-support organization and a local direct-support 2037
organization may shall not exercise any power under s. 2038
617.0302(12) or (16). A No state employee may not shall receive 2039
compensation from the state direct-support organization or a 2040
local direct-support organization for service on the board of 2041
directors or for services rendered to the direct -support 2042
organization. 2043
Section 37. Section 1009.898, Florida Statutes, is created 2044
to read: 2045
1009.898 Pathway to Prosperity grants. — 2046
(1) The Pathway to Prosperity program shall administer the 2047
following grants to youth and young adults aging out of foster 2048
care: 2049
(a) Grants to provide financial literacy instruction using 2050
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a curriculum developed by the Department of Financial Services. 2051
(b) Grants to provide SAT and ACT preparation, including 2052
one-on-one support and fee waivers for the examinations. 2053
(c) Grants to youth and young adults planning to pursue 2054
trade careers or paid ap prenticeships. 2055
(2) If a youth who is aging out of foster care is reunited 2056
with his or her parents, the grants remain available for the 2057
youth for up to 6 months after reunification. 2058
Section 38. Subsection (1) of section 29.008, Florida 2059
Statutes, is amended to read: 2060
29.008 County funding of court -related functions.— 2061
(1) Counties are required by s. 14, Art. V of the State 2062
Constitution to fund the cost of communications services, 2063
existing radio systems, existing multiagency criminal justice 2064
information systems, and the cost of construction or lease, 2065
maintenance, utilities, and security of facilities for the 2066
circuit and county courts, public defenders' offices, state 2067
attorneys' offices, guardian ad litem offices, and the offices 2068
of the clerks of the c ircuit and county courts performing court -2069
related functions. For purposes of this section, the term 2070
"circuit and county courts" includes the offices and staffing of 2071
the guardian ad litem offices programs, and the term "public 2072
defenders' offices" includes t he offices of criminal conflict 2073
and civil regional counsel. The county designated under s. 2074
35.05(1) as the headquarters for each appellate district shall 2075
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fund these costs for the appellate division of the public 2076
defender's office in that county. For purpos es of implementing 2077
these requirements, the term: 2078
(a) "Facility" means reasonable and necessary buildings 2079
and office space and appurtenant equipment and furnishings, 2080
structures, real estate, easements, and related interests in 2081
real estate, including, but not limited to, those for the 2082
purpose of housing legal materials for use by the general public 2083
and personnel, equipment, or functions of the circuit or county 2084
courts, public defenders' offices, state attorneys' offices, and 2085
court-related functions of the o ffice of the clerks of the 2086
circuit and county courts and all storage. The term "facility" 2087
includes all wiring necessary for court reporting services. The 2088
term also includes access to parking for such facilities in 2089
connection with such court -related functions that may be 2090
available free or from a private provider or a local government 2091
for a fee. The office space provided by a county may not be less 2092
than the standards for space allotment adopted by the Department 2093
of Management Services, except this requirement applies only to 2094
facilities that are leased, or on which construction commences, 2095
after June 30, 2003. County funding must include physical 2096
modifications and improvements to all facilities as are required 2097
for compliance with the Americans with Disabilities Act. Upon 2098
mutual agreement of a county and the affected entity in this 2099
paragraph, the office space provided by the county may vary from 2100
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the standards for space allotment adopted by the Department of 2101
Management Services. 2102
1. As of July 1, 2005, equipment a nd furnishings shall be 2103
limited to that appropriate and customary for courtrooms, 2104
hearing rooms, jury facilities, and other public areas in 2105
courthouses and any other facility occupied by the courts, state 2106
attorneys, public defenders, guardians ad litem, an d criminal 2107
conflict and civil regional counsel. Court reporting equipment 2108
in these areas or facilities is not a responsibility of the 2109
county. 2110
2. Equipment and furnishings under this paragraph in 2111
existence and owned by counties on July 1, 2005, except for that 2112
in the possession of the clerks, for areas other than 2113
courtrooms, hearing rooms, jury facilities, and other public 2114
areas in courthouses and any other facility occupied by the 2115
courts, state attorneys, and public defenders, shall be 2116
transferred to the state at no charge. This provision does not 2117
apply to any communications services as defined in paragraph 2118
(f). 2119
(b) "Construction or lease" includes, but is not limited 2120
to, all reasonable and necessary costs of the acquisition or 2121
lease of facilities for al l judicial officers, staff, jurors, 2122
volunteers of a tenant agency, and the public for the circuit 2123
and county courts, the public defenders' offices, state 2124
attorneys' offices, and for performing the court -related 2125
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functions of the offices of the clerks of the circuit and county 2126
courts. This includes expenses related to financing such 2127
facilities and the existing and future cost and bonded 2128
indebtedness associated with placing the facilities in use. 2129
(c) "Maintenance" includes, but is not limited to, all 2130
reasonable and necessary costs of custodial and groundskeeping 2131
services and renovation and reconstruction as needed to 2132
accommodate functions for the circuit and county courts, the 2133
public defenders' offices, and state attorneys' offices and for 2134
performing the court-related functions of the offices of the 2135
clerks of the circuit and county court and for maintaining the 2136
facilities in a condition appropriate and safe for the use 2137
intended. 2138
(d) "Utilities" means all electricity services for light, 2139
heat, and power; natur al or manufactured gas services for light, 2140
heat, and power; water and wastewater services and systems, 2141
stormwater or runoff services and systems, sewer services and 2142
systems, all costs or fees associated with these services and 2143
systems, and any costs or fee s associated with the mitigation of 2144
environmental impacts directly related to the facility. 2145
(e) "Security" includes but is not limited to, all 2146
reasonable and necessary costs of services of law enforcement 2147
officers or licensed security guards and all elec tronic, 2148
cellular, or digital monitoring and screening devices necessary 2149
to ensure the safety and security of all persons visiting or 2150
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working in a facility; to provide for security of the facility, 2151
including protection of property owned by the county or the 2152
state; and for security of prisoners brought to any facility. 2153
This includes bailiffs while providing courtroom and other 2154
security for each judge and other quasi -judicial officers. 2155
(f) "Communications services" are defined as any 2156
reasonable and necessary transmission, emission, and reception 2157
of signs, signals, writings, images, and sounds of intelligence 2158
of any nature by wire, radio, optical, audio equipment, or other 2159
electromagnetic systems and includes all facilities and 2160
equipment owned, leased, or used by judges, clerks, public 2161
defenders, state attorneys, guardians ad litem, criminal 2162
conflict and civil regional counsel, and all staff of the state 2163
courts system, state attorneys' offices, public defenders' 2164
offices, and clerks of the circuit and county cou rts performing 2165
court-related functions. Such system or services shall include, 2166
but not be limited to: 2167
1. Telephone system infrastructure, including computer 2168
lines, telephone switching equipment, and maintenance, and 2169
facsimile equipment, wireless communic ations, cellular 2170
telephones, pagers, and video teleconferencing equipment and 2171
line charges. Each county shall continue to provide access to a 2172
local carrier for local and long distance service and shall pay 2173
toll charges for local and long distance service. 2174
2. All computer networks, systems and equipment, including 2175
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computer hardware and software, modems, printers, wiring, 2176
network connections, maintenance, support staff or services 2177
including any county -funded support staff located in the offices 2178
of the circuit court, county courts, state attorneys, public 2179
defenders, guardians ad litem, and criminal conflict and civil 2180
regional counsel; training, supplies, and line charges necessary 2181
for an integrated computer system to support the operations and 2182
management of the state courts system, the offices of the public 2183
defenders, the offices of the state attorneys, the guardian ad 2184
litem offices, the offices of criminal conflict and civil 2185
regional counsel, and the offices of the clerks of the circuit 2186
and county courts; and the capability to connect those entities 2187
and reporting data to the state as required for the transmission 2188
of revenue, performance accountability, case management, data 2189
collection, budgeting, and auditing purposes. The integrated 2190
computer system shall be o perational by July 1, 2006, and, at a 2191
minimum, permit the exchange of financial, performance 2192
accountability, case management, case disposition, and other 2193
data across multiple state and county information systems 2194
involving multiple users at both the state l evel and within each 2195
judicial circuit and be able to electronically exchange judicial 2196
case background data, sentencing scoresheets, and video evidence 2197
information stored in integrated case management systems over 2198
secure networks. Once the integrated system becomes operational, 2199
counties may reject requests to purchase communications services 2200
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included in this subparagraph not in compliance with standards, 2201
protocols, or processes adopted by the board established 2202
pursuant to former s. 29.0086. 2203
3. Courier messenger and subpoena services. 2204
4. Auxiliary aids and services for qualified individuals 2205
with a disability which are necessary to ensure access to the 2206
courts. Such auxiliary aids and services include, but are not 2207
limited to, sign language interpretation ser vices required under 2208
the federal Americans with Disabilities Act other than services 2209
required to satisfy due -process requirements and identified as a 2210
state funding responsibility pursuant to ss. 29.004 -29.007, 2211
real-time transcription services for individua ls who are hearing 2212
impaired, and assistive listening devices and the equipment 2213
necessary to implement such accommodations. 2214
(g) "Existing radio systems" includes, but is not limited 2215
to, law enforcement radio systems that are used by the circuit 2216
and county courts, the offices of the public defenders, the 2217
offices of the state attorneys, and for court -related functions 2218
of the offices of the clerks of the circuit and county courts. 2219
This includes radio systems that were operational or under 2220
contract at the time Revision No. 7, 1998, to Art. V of the 2221
State Constitution was adopted and any enhancements made 2222
thereafter, the maintenance of those systems, and the personnel 2223
and supplies necessary for operation. 2224
(h) "Existing multiagency criminal justice information 2225
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systems" includes, but is not limited to, those components of 2226
the multiagency criminal justice information system as defined 2227
in s. 943.045, supporting the offices of the circuit or county 2228
courts, the public defenders' offices, the state attorneys' 2229
offices, or those portions of the offices of the clerks of the 2230
circuit and county courts performing court -related functions 2231
that are used to carry out the court -related activities of those 2232
entities. This includes upgrades and maintenance of the current 2233
equipment, maintenance and upgrades of supporting technology 2234
infrastructure and associated staff, and services and expenses 2235
to assure continued information sharing and reporting of 2236
information to the state. The counties shall also provide 2237
additional information techn ology services, hardware, and 2238
software as needed for new judges and staff of the state courts 2239
system, state attorneys' offices, public defenders' offices, 2240
guardian ad litem offices, and the offices of the clerks of the 2241
circuit and county courts performing court-related functions. 2242
Section 39. Paragraph (a) of subsection (1) of section 2243
39.6011, Florida Statutes, is amended to read: 2244
39.6011 Case plan development. — 2245
(1) The department shall prepare a draft of the case plan 2246
for each child receiving servic es under this chapter. A parent 2247
of a child may not be threatened or coerced with the loss of 2248
custody or parental rights for failing to admit in the case plan 2249
of abusing, neglecting, or abandoning a child. Participating in 2250
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the development of a case plan is not an admission to any 2251
allegation of abuse, abandonment, or neglect, and it is not a 2252
consent to a finding of dependency or termination of parental 2253
rights. The case plan shall be developed subject to the 2254
following requirements: 2255
(a) The case plan must be developed in a face-to-face 2256
conference with the parent of the child, the any court-appointed 2257
guardian ad litem, and, if appropriate, the child and the 2258
temporary custodian of the child. 2259
Section 40. Subsection (8) of section 40.24, Florida 2260
Statutes, is amended to read: 2261
40.24 Compensation and reimbursement policy. — 2262
(8) In circuits that elect to allow jurors to donate their 2263
jury service fee upon conclusion of juror service, each juror 2264
may irrevocably donate all of the juror's compensation to the 26 2265
U.S.C. s. 501(c)(3) organization specified by the Statewide 2266
Guardian ad Litem Office program or to a domestic violence 2267
shelter as specified annually on a rotating basis by the clerk 2268
of court in the circuit for the juror's county of residence. The 2269
funds collected may not reduce or offset the amount of 2270
compensation that the Statewide Guardian ad Litem Office program 2271
or domestic violence shelter would otherwise receive from the 2272
state. The clerk of court shall ensure that all jurors are given 2273
written notice at the conclusion of their service that they have 2274
the option to so donate their compensation, and that the 2275
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applicable program specified by the Statewide Guardian ad Litem 2276
Office program or a domestic violence shelter receives all funds 2277
donated by the jurors. Any circuit guardian ad litem office 2278
program receiving donations of juror compensation must expend 2279
such moneys on services for children for whom guardians ad litem 2280
have been appointed. 2281
Section 41. Subsections (5), (6), and (7) of section 2282
43.16, Florida Statutes, are amended to read: 2283
43.16 Justice Administrative Commission; membership, 2284
powers and duties.— 2285
(5) The duties of the commission shall include, but not be 2286
limited to, the following: 2287
(a) The maintenance of a central state office for 2288
administrative services and assistance when possible to and on 2289
behalf of the state attorneys and public defenders of Florida, 2290
the capital collateral regional counsel of Florida, the criminal 2291
conflict and civil regional counsel, and the Statewide Guardian 2292
Ad Litem Office Program. 2293
(b) Each state attorney, public defender, and criminal 2294
conflict and civil regional counsel and the Statewide Guardian 2295
Ad Litem Office Program shall continue to prepare necessary 2296
budgets, vouchers that represent valid claims for reimbursement 2297
by the state for authorized expenses, and other things 2298
incidental to the proper administrative operation of the office, 2299
such as revenue transmittals to the Chief Financial Officer and 2300
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automated systems plans, but will forward such items to the 2301
commission for recording and submission to the proper state 2302
officer. However, when requested by a state attorney, a public 2303
defender, a criminal conflict and civil regional counsel, or the 2304
Statewide Guardian Ad Litem Office Program, the commission will 2305
either assist in the preparation of budget requests, voucher 2306
schedules, and other forms and reports or accomplish the entire 2307
project involved. 2308
(6) The commission, each state attorney, each public 2309
defender, the criminal conflict and civil regional counsel, the 2310
capital collateral regional counsel, and the Statewide Guardian 2311
Ad Litem Office Program shall establish and maintain internal 2312
controls designed to: 2313
(a) Prevent and detect fraud, waste, and abuse as defined 2314
in s. 11.45(1). 2315
(b) Promote and encourage compliance with applicable laws, 2316
rules, contracts, grant agreements, and best practices. 2317
(c) Support economical and efficient operations. 2318
(d) Ensure reliability of financial records and reports. 2319
(e) Safeguard assets. 2320
(7) The provisions contained in This section is shall be 2321
supplemental to those of chapter 27, relating to state 2322
attorneys, public defenders, criminal conflict and civil 2323
regional counsel, and capital collateral regional counsel; to 2324
those of chapter 39, relating to the Statewide Guardian Ad Litem 2325
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Office Program; or to other laws pertaining hereto. 2326
Section 42. Paragraph (a) of subsection (1) and subsection 2327
(4) of section 61.402, Florida Statutes, are amended to read: 2328
61.402 Qualifications of guardians ad litem. — 2329
(1) A person appointed as a guardian ad litem pursuant to 2330
s. 61.401 must be: 2331
(a) Certified by the Statewide Guardian Ad Litem Office 2332
Program pursuant to s. 39.821; 2333
(4) Nothing in this section requires the Statewide 2334
Guardian Ad Litem Office Program or a not-for-profit legal aid 2335
organization to train or certify guardians ad litem appointed 2336
under this chapter. 2337
Section 43. Paragraph (x) of subsection (2) of section 2338
110.205, Florida Statutes, is amended to read: 2339
110.205 Career service; exemptions. — 2340
(2) EXEMPT POSITIONS. —The exempt positions that are not 2341
covered by this part include the following: 2342
(x) All officers and employees of the Justice 2343
Administrative Commission, Office of the State Attorney, Office 2344
of the Public Defender, regional offices of capital collateral 2345
counsel, offices of criminal conflict and civil regional 2346
counsel, and Statewide Guardian Ad Litem Office, including the 2347
circuit guardian ad l item offices programs. 2348
Section 44. Paragraph (b) of subsection (96) of section 2349
320.08058, Florida Statutes, is amended to read: 2350
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320.08058 Specialty license plates. — 2351
(96) GUARDIAN AD LITEM LICENSE PLATES. — 2352
(b) The annual use fees from the sale of the plate shall 2353
be distributed to the Florida Guardian Ad Litem Foundation, 2354
Inc., a direct-support organization and a nonprofit corporation 2355
under s. 501(c)(3) of the Internal Revenue Code. Up to 10 2356
percent of the proceeds may be used for administrative cos ts and 2357
the marketing of the plate. The remainder of the proceeds must 2358
be used in this state to support the mission and efforts of the 2359
Statewide Guardian Ad Litem Office Program to represent abused, 2360
abandoned, and neglected children and advocate for their b est 2361
interests; recruit and retain volunteer child advocates; and 2362
meet the unique needs of the dependent children the program 2363
serves. 2364
Section 45. Paragraph (e) of subsection (3) of section 2365
943.053, Florida Statutes, is amended to read: 2366
943.053 Dissemination of criminal justice information; 2367
fees.— 2368
(3) 2369
(e) The fee per record for criminal history information 2370
provided pursuant to this subsection and s. 943.0542 is $24 per 2371
name submitted, except that the fee for the Statewide Guardian 2372
Ad Litem Office program and vendors of the Department of 2373
Children and Families, the Department of Juvenile Justice, the 2374
Agency for Persons with Disabilities, and the Department of 2375
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Elderly Affairs is $8 for each name submitted; the fee for a 2376
state criminal history provided fo r application processing as 2377
required by law to be performed by the Department of Agriculture 2378
and Consumer Services is $15 for each name submitted; and the 2379
fee for requests under s. 943.0542, which implements the 2380
National Child Protection Act, is $18 for ea ch volunteer name 2381
submitted. An office of the public defender or an office of 2382
criminal conflict and civil regional counsel may not be assessed 2383
a fee for Florida criminal history information or wanted person 2384
information. 2385
Section 46. Subsection (2) of se ction 985.43, Florida 2386
Statutes, is amended to read: 2387
985.43 Predisposition reports; other evaluations. — 2388
(2) The court shall consider the child's entire assessment 2389
and predisposition report and shall review the records of 2390
earlier judicial proceedings bef ore making a final disposition 2391
of the case. If the child is under the jurisdiction of a 2392
dependency court, the court may receive and consider any 2393
information provided by the Statewide Guardian Ad Litem Office 2394
Program and the child's attorney ad litem, if one is appointed. 2395
The court may, by order, require additional evaluations and 2396
studies to be performed by the department; the county school 2397
system; or any social, psychological, or psychiatric agency of 2398
the state. The court shall order the educational needs 2399
assessment completed under s. 985.18(2) to be included in the 2400
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assessment and predisposition report. 2401
Section 47. Subsection (4) of section 985.441, Florida 2402
Statutes, is amended to read: 2403
985.441 Commitment. — 2404
(4) The department may transfer a child, when necessary to 2405
appropriately administer the child's commitment, from one 2406
facility or program to another facility or program operated, 2407
contracted, subcontracted, or designated by the department, 2408
including a postcommitment nonresidential conditional relea se 2409
program, except that the department may not transfer any child 2410
adjudicated solely for a misdemeanor to a residential program 2411
except as provided in subsection (2). The department shall 2412
notify the court that committed the child to the department and 2413
any attorney of record for the child, in writing, of its intent 2414
to transfer the child from a commitment facility or program to 2415
another facility or program of a higher or lower restrictiveness 2416
level. If the child is under the jurisdiction of a dependency 2417
court, the department shall also provide notice to the 2418
dependency court, and the Department of Children and Families, 2419
and, if appointed, the Statewide Guardian Ad Litem Office, 2420
Program and the child's attorney ad litem , if one is appointed . 2421
The court that committ ed the child may agree to the transfer or 2422
may set a hearing to review the transfer. If the court does not 2423
respond within 10 days after receipt of the notice, the transfer 2424
of the child shall be deemed granted. 2425
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Section 48. Subsection (3) of section 985.4 55, Florida 2426
Statutes, is amended to read: 2427
985.455 Other dispositional issues. — 2428
(3) Any commitment of a delinquent child to the department 2429
must be for an indeterminate period of time, which may include 2430
periods of temporary release; however, the period o f time may 2431
not exceed the maximum term of imprisonment that an adult may 2432
serve for the same offense, except that the duration of a 2433
minimum-risk nonresidential commitment for an offense that is a 2434
misdemeanor of the second degree, or is equivalent to a 2435
misdemeanor of the second degree, may be for a period not to 2436
exceed 6 months. The duration of the child's placement in a 2437
commitment program of any restrictiveness level shall be based 2438
on objective performance -based treatment planning. The child's 2439
treatment plan progress and adjustment -related issues shall be 2440
reported to the court quarterly, unless the court requests 2441
monthly reports. If the child is under the jurisdiction of a 2442
dependency court, the court may receive and consider any 2443
information provided by the Statewide Guardian Ad Litem Office 2444
Program or the child's attorney ad litem, if one is appointed. 2445
The child's length of stay in a commitment program may be 2446
extended if the child fails to comply with or participate in 2447
treatment activities. The child's length of stay in the program 2448
shall not be extended for purposes of sanction or punishment. 2449
Any temporary release from such program must be approved by the 2450
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court. Any child so committed may be discharged from 2451
institutional confinement or a program upon the direct ion of the 2452
department with the concurrence of the court. The child's 2453
treatment plan progress and adjustment -related issues must be 2454
communicated to the court at the time the department requests 2455
the court to consider releasing the child from the commitment 2456
program. The department shall give the court that committed the 2457
child to the department reasonable notice, in writing, of its 2458
desire to discharge the child from a commitment facility. The 2459
court that committed the child may thereafter accept or reject 2460
the request. If the court does not respond within 10 days after 2461
receipt of the notice, the request of the department shall be 2462
deemed granted. This section does not limit the department's 2463
authority to revoke a child's temporary release status and 2464
return the child to a commitment facility for any violation of 2465
the terms and conditions of the temporary release. 2466
Section 49. Paragraph (b) of subsection (4) of section 2467
985.461, Florida Statutes, is amended to read: 2468
985.461 Transition to adulthood. — 2469
(4) As part of the child's treatment plan, the department 2470
may provide transition -to-adulthood services to children 2471
released from residential commitment. To support participation 2472
in transition-to-adulthood services and subject to 2473
appropriation, the department may: 2474
(b) Use community reentry teams to assist in the 2475
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development of a list of age -appropriate activities and 2476
responsibilities to be incorporated in the child's written case 2477
plan for any youth who is under the custody or supervision of 2478
the department. Community ree ntry teams may include 2479
representatives from school districts, law enforcement, 2480
workforce development services, community -based service 2481
providers, the Statewide Guardian Ad Litem Office Program, and 2482
the youth's family. Such community reentry teams must be c reated 2483
within existing resources provided to the department. Activities 2484
may include, but are not limited to, life skills training, 2485
including training to develop banking and budgeting skills, 2486
interviewing and career planning skills, parenting skills, 2487
personal health management, and time management or 2488
organizational skills; educational support; employment training; 2489
and counseling. 2490
Section 50. Paragraph (h) of subsection (11) of section 2491
985.48, Florida Statutes, is amended to read: 2492
985.48 Juvenile sexual offender commitment programs; 2493
sexual abuse intervention networks. — 2494
(11) Membership of a sexual abuse intervention network 2495
shall include, but is not limited to, representatives from: 2496
(h) The Statewide Guardian Ad Litem Office program; 2497
Section 51. Subsection (1) of section 39.302, Florida 2498
Statutes, is amended to read: 2499
39.302 Protective investigations of institutional child 2500
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abuse, abandonment, or neglect. — 2501
(1) The department shall conduct a child protective 2502
investigation of each report of institu tional child abuse, 2503
abandonment, or neglect. Upon receipt of a report that alleges 2504
that an employee or agent of the department, or any other entity 2505
or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 2506
acting in an official capacity, has committe d an act of child 2507
abuse, abandonment, or neglect, the department shall initiate a 2508
child protective investigation within the timeframe established 2509
under s. 39.101(2) and notify the appropriate state attorney, 2510
law enforcement agency, and licensing agency, wh ich shall 2511
immediately conduct a joint investigation, unless independent 2512
investigations are more feasible. When conducting investigations 2513
or having face-to-face interviews with the child, investigation 2514
visits shall be unannounced unless it is determined by the 2515
department or its agent that unannounced visits threaten the 2516
safety of the child. If a facility is exempt from licensing, the 2517
department shall inform the owner or operator of the facility of 2518
the report. Each agency conducting a joint investigation is 2519
entitled to full access to the information gathered by the 2520
department in the course of the investigation. A protective 2521
investigation must include an interview with the child's parent 2522
or legal guardian. The department shall make a full written 2523
report to the state attorney within 3 business days after making 2524
the oral report. A criminal investigation shall be coordinated, 2525
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whenever possible, with the child protective investigation of 2526
the department. Any interested person who has information 2527
regarding the offense s described in this subsection may forward 2528
a statement to the state attorney as to whether prosecution is 2529
warranted and appropriate. Within 15 days after the completion 2530
of the investigation, the state attorney shall report the 2531
findings to the department an d shall include in the report a 2532
determination of whether or not prosecution is justified and 2533
appropriate in view of the circumstances of the specific case. 2534
Section 52. Paragraph (c) of subsection (1) of section 2535
39.521, Florida Statutes, is amended to r ead: 2536
39.521 Disposition hearings; powers of disposition. — 2537
(1) A disposition hearing shall be conducted by the court, 2538
if the court finds that the facts alleged in the petition for 2539
dependency were proven in the adjudicatory hearing, or if the 2540
parents or legal custodians have consented to the finding of 2541
dependency or admitted the allegations in the petition, have 2542
failed to appear for the arraignment hearing after proper 2543
notice, or have not been located despite a diligent search 2544
having been conducted. 2545
(c) When any child is adjudicated by a court to be 2546
dependent, the court having jurisdiction of the child has the 2547
power by order to: 2548
1. Require the parent and, when appropriate, the legal 2549
guardian or the child to participate in treatment and services 2550
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identified as necessary. The court may require the person who 2551
has custody or who is requesting custody of the child to submit 2552
to a mental health or substance abuse disorder assessment or 2553
evaluation. The order may be made only upon good cause shown and 2554
pursuant to notice and procedural requirements provided under 2555
the Florida Rules of Juvenile Procedure. The mental health 2556
assessment or evaluation must be administered by a qualified 2557
professional as defined in s. 39.01, and the substance abuse 2558
assessment or evaluation must be administered by a qualified 2559
professional as defined in s. 397.311. The court may also 2560
require such person to participate in and comply with treatment 2561
and services identified as necessary, including, when 2562
appropriate and available, participation in and compliance with 2563
a mental health court program established under chapter 394 or a 2564
treatment-based drug court program established under s. 397.334. 2565
Adjudication of a child as dependent based upon evidence of harm 2566
as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 2567
cause, and the court shall require the parent whose actions 2568
caused the harm to submit to a substance abuse disorder 2569
assessment or evaluation and to participate and comply with 2570
treatment and services identified in the assessment or 2571
evaluation as being necessary. In addition to supervision by the 2572
department, the court, including the mental health court program 2573
or the treatment-based drug court program, may oversee the 2574
progress and compliance with treatment by a person who has 2575
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custody or is requesting custody of the child. The court may 2576
impose appropriate available sanctions for noncompliance upon a 2577
person who has custody or is requesting custody of the child or 2578
make a finding of noncompliance for consideration in determining 2579
whether an alternative placement of the child is in the child's 2580
best interests. Any order entered under this subparagraph may be 2581
made only upon good cause shown. This subparagraph does not 2582
authorize placement of a child with a person seeking custody of 2583
the child, other than the child's parent or legal custodian, who 2584
requires mental health or substance abuse disorder treatment. 2585
2. Require, if the court deems necessary, the parties to 2586
participate in dependency mediation. 2587
3. Require placement of the child either unde r the 2588
protective supervision of an authorized agent of the department 2589
in the home of one or both of the child's parents or in the home 2590
of a relative of the child or another adult approved by the 2591
court, or in the custody of the department. Protective 2592
supervision continues until the court terminates it or until the 2593
child reaches the age of 18, whichever date is first. Protective 2594
supervision shall be terminated by the court whenever the court 2595
determines that permanency has been achieved for the child, 2596
whether with a parent, another relative, or a legal custodian, 2597
and that protective supervision is no longer needed. The 2598
termination of supervision may be with or without retaining 2599
jurisdiction, at the court's discretion, and shall in either 2600
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case be considered a pe rmanency option for the child. The order 2601
terminating supervision by the department must set forth the 2602
powers of the custodian of the child and include the powers 2603
ordinarily granted to a guardian of the person of a minor unless 2604
otherwise specified. Upon the court's termination of supervision 2605
by the department, further judicial reviews are not required if 2606
permanency has been established for the child. 2607
4. Determine whether the child has a strong attachment to 2608
the prospective permanent guardian and whether su ch guardian has 2609
a strong commitment to permanently caring for the child. 2610
Section 53. Paragraph (c) of subsection (2) of section 2611
61.13, Florida Statutes, is amended to read: 2612
61.13 Support of children; parenting and time -sharing; 2613
powers of court.— 2614
(2) 2615
(c) The court shall determine all matters relating to 2616
parenting and time-sharing of each minor child of the parties in 2617
accordance with the best interests of the child and in 2618
accordance with the Uniform Child Custody Jurisdiction and 2619
Enforcement Act, exc ept that modification of a parenting plan 2620
and time-sharing schedule requires a showing of a substantial 2621
and material change of circumstances. 2622
1. It is the public policy of this state that each minor 2623
child has frequent and continuing contact with both par ents 2624
after the parents separate or the marriage of the parties is 2625
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dissolved and to encourage parents to share the rights and 2626
responsibilities, and joys, of childrearing. Unless otherwise 2627
provided in this section or agreed to by the parties, there is a 2628
rebuttable presumption that equal time -sharing of a minor child 2629
is in the best interests of the minor child. To rebut this 2630
presumption, a party must prove by a preponderance of the 2631
evidence that equal time -sharing is not in the best interests of 2632
the minor child. Except when a time -sharing schedule is agreed 2633
to by the parties and approved by the court, the court must 2634
evaluate all of the factors set forth in subsection (3) and make 2635
specific written findings of fact when creating or modifying a 2636
time-sharing schedule. 2637
2. The court shall order that the parental responsibility 2638
for a minor child be shared by both parents unless the court 2639
finds that shared parental responsibility would be detrimental 2640
to the child. In determining detriment to the child, the court 2641
shall consider: 2642
a. Evidence of domestic violence, as defined in s. 741.28; 2643
b. Whether either parent has or has had reasonable cause 2644
to believe that he or she or his or her minor child or children 2645
are or have been in imminent danger of becoming victims of an 2646
act of domestic violence as defined in s. 741.28 or sexual 2647
violence as defined in s. 784.046(1)(c) by the other parent 2648
against the parent or against the child or children whom the 2649
parents share in common regardless of whether a cause of action 2650
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has been brought or is currently pending in the court; 2651
c. Whether either parent ha s or has had reasonable cause 2652
to believe that his or her minor child or children are or have 2653
been in imminent danger of becoming victims of an act of abuse 2654
as defined in s. 39.01(2) , abandonment as defined in s. 2655
39.01(1), or neglect, as those terms are defined in s. 39.01, s. 2656
39.01(50) by the other parent against the child or children whom 2657
the parents share in common regardless of whether a cause of 2658
action has been brought or is currently pending in the court; 2659
and 2660
d. Any other relevant factors. 2661
3. The following evidence creates a rebuttable presumption 2662
that shared parental responsibility is detrimental to the child: 2663
a. A parent has been convicted of a misdemeanor of the 2664
first degree or higher involving domestic violence, as defined 2665
in s. 741.28 and cha pter 775; 2666
b. A parent meets the criteria of s. 39.806(1)(d); or 2667
c. A parent has been convicted of or had adjudication 2668
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2669
at the time of the offense: 2670
(I) The parent was 18 years of age or o lder. 2671
(II) The victim was under 18 years of age or the parent 2672
believed the victim to be under 18 years of age. 2673
2674
If the presumption is not rebutted after the convicted parent is 2675
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advised by the court that the presumption exists, shared 2676
parental responsibil ity, including time-sharing with the child, 2677
and decisions made regarding the child, may not be granted to 2678
the convicted parent. However, the convicted parent is not 2679
relieved of any obligation to provide financial support. If the 2680
court determines that share d parental responsibility would be 2681
detrimental to the child, it may order sole parental 2682
responsibility and make such arrangements for time -sharing as 2683
specified in the parenting plan as will best protect the child 2684
or abused spouse from further harm. Whether or not there is a 2685
conviction of any offense of domestic violence or child abuse or 2686
the existence of an injunction for protection against domestic 2687
violence, the court shall consider evidence of domestic violence 2688
or child abuse as evidence of detriment to t he child. 2689
4. In ordering shared parental responsibility, the court 2690
may consider the expressed desires of the parents and may grant 2691
to one party the ultimate responsibility over specific aspects 2692
of the child's welfare or may divide those responsibilities 2693
between the parties based on the best interests of the child. 2694
Areas of responsibility may include education, health care, and 2695
any other responsibilities that the court finds unique to a 2696
particular family. 2697
5. The court shall order sole parental responsibi lity for 2698
a minor child to one parent, with or without time -sharing with 2699
the other parent if it is in the best interests of the minor 2700
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child. 2701
6. There is a rebuttable presumption against granting 2702
time-sharing with a minor child if a parent has been convict ed 2703
of or had adjudication withheld for an offense enumerated in s. 2704
943.0435(1)(h)1.a., and at the time of the offense: 2705
a. The parent was 18 years of age or older. 2706
b. The victim was under 18 years of age or the parent 2707
believed the victim to be under 18 years of age. 2708
2709
A parent may rebut the presumption upon a specific finding in 2710
writing by the court that the parent poses no significant risk 2711
of harm to the child and that time -sharing is in the best 2712
interests of the minor child. If the presumption is rebutt ed, 2713
the court must consider all time -sharing factors in subsection 2714
(3) when developing a time -sharing schedule. 2715
7. Access to records and information pertaining to a minor 2716
child, including, but not limited to, medical, dental, and 2717
school records, may not be denied to either parent. Full rights 2718
under this subparagraph apply to either parent unless a court 2719
order specifically revokes these rights, including any 2720
restrictions on these rights as provided in a domestic violence 2721
injunction. A parent having rights under this subparagraph has 2722
the same rights upon request as to form, substance, and manner 2723
of access as are available to the other parent of a child, 2724
including, without limitation, the right to in -person 2725
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communication with medical, dental, and education pr oviders. 2726
Section 54. Paragraph (d) of subsection (4) of section 2727
119.071, Florida Statutes, is amended to read: 2728
119.071 General exemptions from inspection or copying of 2729
public records.— 2730
(4) AGENCY PERSONNEL INFORMATION. — 2731
(d)1. For purposes of this paragraph, the term: 2732
a. "Home addresses" means the dwelling location at which 2733
an individual resides and includes the physical address, mailing 2734
address, street address, parcel identification number, plot 2735
identification number, legal property description, neighborhood 2736
name and lot number, GPS coordinates, and any other descriptive 2737
property information that may reveal the home address. 2738
b. "Judicial assistant" means a court employee assigned to 2739
the following class codes: 8140, 8150, 8310, and 8320. 2740
c. "Telephone numbers" includes home telephone numbers, 2741
personal cellular telephone numbers, personal pager telephone 2742
numbers, and telephone numbers associated with personal 2743
communications devices. 2744
2.a. The home addresses, telephone numbers, dates of 2745
birth, and photographs of active or former sworn law enforcement 2746
personnel or of active or former civilian personnel employed by 2747
a law enforcement agency, including correctional and 2748
correctional probation officers, personnel of the Department of 2749
Children and Families whose duties include the investigation of 2750
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abuse, neglect, exploitation, fraud, theft, or other criminal 2751
activities, personnel of the Department of Health whose duties 2752
are to support the investigation of child abuse or neglect, and 2753
personnel of the Depa rtment of Revenue or local governments 2754
whose responsibilities include revenue collection and 2755
enforcement or child support enforcement; the names, home 2756
addresses, telephone numbers, photographs, dates of birth, and 2757
places of employment of the spouses and ch ildren of such 2758
personnel; and the names and locations of schools and day care 2759
facilities attended by the children of such personnel are exempt 2760
from s. 119.07(1) and s. 24(a), Art. I of the State 2761
Constitution. 2762
b. The home addresses, telephone numbers, dat es of birth, 2763
and photographs of current or former nonsworn investigative 2764
personnel of the Department of Financial Services whose duties 2765
include the investigation of fraud, theft, workers' compensation 2766
coverage requirements and compliance, other related cri minal 2767
activities, or state regulatory requirement violations; the 2768
names, home addresses, telephone numbers, dates of birth, and 2769
places of employment of the spouses and children of such 2770
personnel; and the names and locations of schools and day care 2771
facilities attended by the children of such personnel are exempt 2772
from s. 119.07(1) and s. 24(a), Art. I of the State 2773
Constitution. 2774
c. The home addresses, telephone numbers, dates of birth, 2775
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and photographs of current or former nonsworn investigative 2776
personnel of the Office of Financial Regulation's Bureau of 2777
Financial Investigations whose duties include the investigation 2778
of fraud, theft, other related criminal activities, or state 2779
regulatory requirement violations; the names, home addresses, 2780
telephone numbers, dat es of birth, and places of employment of 2781
the spouses and children of such personnel; and the names and 2782
locations of schools and day care facilities attended by the 2783
children of such personnel are exempt from s. 119.07(1) and s. 2784
24(a), Art. I of the State Co nstitution. 2785
d. The home addresses, telephone numbers, dates of birth, 2786
and photographs of current or former firefighters certified in 2787
compliance with s. 633.408; the names, home addresses, telephone 2788
numbers, photographs, dates of birth, and places of empl oyment 2789
of the spouses and children of such firefighters; and the names 2790
and locations of schools and day care facilities attended by the 2791
children of such firefighters are exempt from s. 119.07(1) and 2792
s. 24(a), Art. I of the State Constitution. 2793
e. The home addresses, dates of birth, and telephone 2794
numbers of current or former justices of the Supreme Court, 2795
district court of appeal judges, circuit court judges, and 2796
county court judges, and of current judicial assistants; the 2797
names, home addresses, telephone n umbers, dates of birth, and 2798
places of employment of the spouses and children of current or 2799
former justices and judges and of current judicial assistants; 2800
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and the names and locations of schools and day care facilities 2801
attended by the children of current or former justices and 2802
judges and of current judicial assistants are exempt from s. 2803
119.07(1) and s. 24(a), Art. I of the State Constitution. This 2804
sub-subparagraph is subject to the Open Government Sunset Review 2805
Act in accordance with s. 119.15 and shall stan d repealed on 2806
October 2, 2028, unless reviewed and saved from repeal through 2807
reenactment by the Legislature. 2808
f. The home addresses, telephone numbers, dates of birth, 2809
and photographs of current or former state attorneys, assistant 2810
state attorneys, statew ide prosecutors, or assistant statewide 2811
prosecutors; the names, home addresses, telephone numbers, 2812
photographs, dates of birth, and places of employment of the 2813
spouses and children of current or former state attorneys, 2814
assistant state attorneys, statewide prosecutors, or assistant 2815
statewide prosecutors; and the names and locations of schools 2816
and day care facilities attended by the children of current or 2817
former state attorneys, assistant state attorneys, statewide 2818
prosecutors, or assistant statewide prosecut ors are exempt from 2819
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2820
g. The home addresses, dates of birth, and telephone 2821
numbers of general magistrates, special magistrates, judges of 2822
compensation claims, administrative law judges of the Div ision 2823
of Administrative Hearings, and child support enforcement 2824
hearing officers; the names, home addresses, telephone numbers, 2825
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dates of birth, and places of employment of the spouses and 2826
children of general magistrates, special magistrates, judges of 2827
compensation claims, administrative law judges of the Division 2828
of Administrative Hearings, and child support enforcement 2829
hearing officers; and the names and locations of schools and day 2830
care facilities attended by the children of general magistrates, 2831
special magistrates, judges of compensation claims, 2832
administrative law judges of the Division of Administrative 2833
Hearings, and child support enforcement hearing officers are 2834
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2835
Constitution. 2836
h. The home addresses, telephone numbers, dates of birth, 2837
and photographs of current or former human resource, labor 2838
relations, or employee relations directors, assistant directors, 2839
managers, or assistant managers of any local government agency 2840
or water management district whose duties include hiring and 2841
firing employees, labor contract negotiation, administration, or 2842
other personnel-related duties; the names, home addresses, 2843
telephone numbers, dates of birth, and places of employment of 2844
the spouses and children of such per sonnel; and the names and 2845
locations of schools and day care facilities attended by the 2846
children of such personnel are exempt from s. 119.07(1) and s. 2847
24(a), Art. I of the State Constitution. 2848
i. The home addresses, telephone numbers, dates of birth, 2849
and photographs of current or former code enforcement officers; 2850
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the names, home addresses, telephone numbers, dates of birth, 2851
and places of employment of the spouses and children of such 2852
personnel; and the names and locations of schools and day care 2853
facilities attended by the children of such personnel are exempt 2854
from s. 119.07(1) and s. 24(a), Art. I of the State 2855
Constitution. 2856
j. The home addresses, telephone numbers, places of 2857
employment, dates of birth, and photographs of current or former 2858
guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2859
home addresses, telephone numbers, dates of birth, and places of 2860
employment of the spouses and children of such persons; and the 2861
names and locations of schools and day care facilities attended 2862
by the children of such persons are exempt from s. 119.07(1) and 2863
s. 24(a), Art. I of the State Constitution. 2864
k. The home addresses, telephone numbers, dates of birth, 2865
and photographs of current or former juvenile probation 2866
officers, juvenile probation supervisors, dete ntion 2867
superintendents, assistant detention superintendents, juvenile 2868
justice detention officers I and II, juvenile justice detention 2869
officer supervisors, juvenile justice residential officers, 2870
juvenile justice residential officer supervisors I and II, 2871
juvenile justice counselors, juvenile justice counselor 2872
supervisors, human services counselor administrators, senior 2873
human services counselor administrators, rehabilitation 2874
therapists, and social services counselors of the Department of 2875
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Juvenile Justice; the n ames, home addresses, telephone numbers, 2876
dates of birth, and places of employment of spouses and children 2877
of such personnel; and the names and locations of schools and 2878
day care facilities attended by the children of such personnel 2879
are exempt from s. 119.07 (1) and s. 24(a), Art. I of the State 2880
Constitution. 2881
l. The home addresses, telephone numbers, dates of birth, 2882
and photographs of current or former public defenders, assistant 2883
public defenders, criminal conflict and civil regional counsel, 2884
and assistant criminal conflict and civil regional counsel; the 2885
names, home addresses, telephone numbers, dates of birth, and 2886
places of employment of the spouses and children of current or 2887
former public defenders, assistant public defenders, criminal 2888
conflict and civil r egional counsel, and assistant criminal 2889
conflict and civil regional counsel; and the names and locations 2890
of schools and day care facilities attended by the children of 2891
current or former public defenders, assistant public defenders, 2892
criminal conflict and ci vil regional counsel, and assistant 2893
criminal conflict and civil regional counsel are exempt from s. 2894
119.07(1) and s. 24(a), Art. I of the State Constitution. 2895
m. The home addresses, telephone numbers, dates of birth, 2896
and photographs of current or former i nvestigators or inspectors 2897
of the Department of Business and Professional Regulation; the 2898
names, home addresses, telephone numbers, dates of birth, and 2899
places of employment of the spouses and children of such current 2900
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or former investigators and inspectors; and the names and 2901
locations of schools and day care facilities attended by the 2902
children of such current or former investigators and inspectors 2903
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2904
Constitution. 2905
n. The home addresses, telephone numbers, and dates of 2906
birth of county tax collectors; the names, home addresses, 2907
telephone numbers, dates of birth, and places of employment of 2908
the spouses and children of such tax collectors; and the names 2909
and locations of schools and day care facilities attended by the 2910
children of such tax collectors are exempt from s. 119.07(1) and 2911
s. 24(a), Art. I of the State Constitution. 2912
o. The home addresses, telephone numbers, dates of birth, 2913
and photographs of current or former personnel of the Department 2914
of Health whose duties include, or result in, the determination 2915
or adjudication of eligibility for social security disability 2916
benefits, the investigation or prosecution of complaints filed 2917
against health care practitioners, or the inspection of health 2918
care practitioners or health care facilities licensed by the 2919
Department of Health; the names, home addresses, telephone 2920
numbers, dates of birth, and places of employment of the spouses 2921
and children of such personnel; and the names and locations of 2922
schools and day care facilities attended by the children of such 2923
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2924
the State Constitution. 2925
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p. The home addresses, telephone numbers, dates of birth, 2926
and photographs of current or former impaired practitioner 2927
consultants who are retained by an agency or current or former 2928
employees of an impaired practitioner consultant whose duties 2929
result in a determination of a person's skill and safety to 2930
practice a licensed profession; the names, home addresses, 2931
telephone numbers, dates of birth, and places of employment of 2932
the spouses and children of such consultants or their employees; 2933
and the names and locations of schools and day care facilities 2934
attended by the children of such consultants or employees are 2935
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2936
Constitution. 2937
q. The home addresses, telephone numbers, dates of birth, 2938
and photographs of current or former emergency medical 2939
technicians or paramedics certified under chapter 401; the 2940
names, home addresses, tele phone numbers, dates of birth, and 2941
places of employment of the spouses and children of such 2942
emergency medical technicians or paramedics; and the names and 2943
locations of schools and day care facilities attended by the 2944
children of such emergency medical techn icians or paramedics are 2945
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2946
Constitution. 2947
r. The home addresses, telephone numbers, dates of birth, 2948
and photographs of current or former personnel employed in an 2949
agency's office of inspector general or internal audit 2950
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department whose duties include auditing or investigating waste, 2951
fraud, abuse, theft, exploitation, or other activities that 2952
could lead to criminal prosecution or administrative discipline; 2953
the names, home addresses, telephone numbers, d ates of birth, 2954
and places of employment of spouses and children of such 2955
personnel; and the names and locations of schools and day care 2956
facilities attended by the children of such personnel are exempt 2957
from s. 119.07(1) and s. 24(a), Art. I of the State 2958
Constitution. 2959
s. The home addresses, telephone numbers, dates of birth, 2960
and photographs of current or former directors, managers, 2961
supervisors, nurses, and clinical employees of an addiction 2962
treatment facility; the home addresses, telephone numbers, 2963
photographs, dates of birth, and places of employment of the 2964
spouses and children of such personnel; and the names and 2965
locations of schools and day care facilities attended by the 2966
children of such personnel are exempt from s. 119.07(1) and s. 2967
24(a), Art. I of the S tate Constitution. For purposes of this 2968
sub-subparagraph, the term "addiction treatment facility" means 2969
a county government, or agency thereof, that is licensed 2970
pursuant to s. 397.401 and provides substance abuse prevention, 2971
intervention, or clinical treat ment, including any licensed 2972
service component described in s. 397.311(26). 2973
t. The home addresses, telephone numbers, dates of birth, 2974
and photographs of current or former directors, managers, 2975
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supervisors, and clinical employees of a child advocacy center 2976
that meets the standards of s. 39.3035(2) and fulfills the 2977
screening requirement of s. 39.3035(3), and the members of a 2978
Child Protection Team as described in s. 39.303 whose duties 2979
include supporting the investigation of child abuse or sexual 2980
abuse, child abandonment, child neglect, and child exploitation 2981
or to provide services as part of a multidisciplinary case 2982
review team; the names, home addresses, telephone numbers, 2983
photographs, dates of birth, and places of employment of the 2984
spouses and children of s uch personnel and members; and the 2985
names and locations of schools and day care facilities attended 2986
by the children of such personnel and members are exempt from s. 2987
119.07(1) and s. 24(a), Art. I of the State Constitution. 2988
u. The home addresses, telephone numbers, places of 2989
employment, dates of birth, and photographs of current or former 2990
staff and domestic violence advocates, as defined in s. 2991
90.5036(1)(b), of domestic violence centers certified by the 2992
Department of Children and Families under chapter 39; the names, 2993
home addresses, telephone numbers, places of employment, dates 2994
of birth, and photographs of the spouses and children of such 2995
personnel; and the names and locations of schools and day care 2996
facilities attended by the children of such personnel are exempt 2997
from s. 119.07(1) and s. 24(a), Art. I of the State 2998
Constitution. 2999
v. The home addresses, telephone numbers, dates of birth, 3000
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and photographs of current or former inspectors or investigators 3001
of the Department of Agriculture and Consumer Services; t he 3002
names, home addresses, telephone numbers, dates of birth, and 3003
places of employment of the spouses and children of current or 3004
former inspectors or investigators; and the names and locations 3005
of schools and day care facilities attended by the children of 3006
current or former inspectors or investigators are exempt from s. 3007
119.07(1) and s. 24(a), Art. I of the State Constitution. This 3008
sub-subparagraph is subject to the Open Government Sunset Review 3009
Act in accordance with s. 119.15 and shall stand repealed on 3010
October 2, 2028, unless reviewed and saved from repeal through 3011
reenactment by the Legislature. 3012
3. An agency that is the custodian of the information 3013
specified in subparagraph 2. and that is not the employer of the 3014
officer, employee, justice, judge, or other person specified in 3015
subparagraph 2. must maintain the exempt status of that 3016
information only if the officer, employee, justice, judge, other 3017
person, or employing agency of the designated employee submits a 3018
written and notarized request for maintenance of the exemption 3019
to the custodial agency. The request must state under oath the 3020
statutory basis for the individual's exemption request and 3021
confirm the individual's status as a party eligible for exempt 3022
status. 3023
4.a. A county property appraiser, as defined in s. 3024
192.001(3), or a county tax collector, as defined in s. 3025
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192.001(4), who receives a written and notarized request for 3026
maintenance of the exemption pursuant to subparagraph 3. must 3027
comply by removing the name of the individual with exempt status 3028
and the instrument number or Official Records book and page 3029
number identifying the property with the exempt status from all 3030
publicly available records maintained by the property appraiser 3031
or tax collector. For written requests received on or before 3032
July 1, 2021, a county property appraiser or county tax 3033
collector must comply with this sub -subparagraph by October 1, 3034
2021. A county property appraiser or county tax collector may 3035
not remove the street address, legal description, or other 3036
information identifying real pr operty within the agency's 3037
records so long as a name or personal information otherwise 3038
exempt from inspection and copying pursuant to this section is 3039
not associated with the property or otherwise displayed in the 3040
public records of the agency. 3041
b. Any information restricted from public display, 3042
inspection, or copying under sub -subparagraph a. must be 3043
provided to the individual whose information was removed. 3044
5. An officer, an employee, a justice, a judge, or other 3045
person specified in subparagraph 2. may su bmit a written request 3046
for the release of his or her exempt information to the 3047
custodial agency. The written request must be notarized and must 3048
specify the information to be released and the party authorized 3049
to receive the information. Upon receipt of the written request, 3050
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the custodial agency must release the specified information to 3051
the party authorized to receive such information. 3052
6. The exemptions in this paragraph apply to information 3053
held by an agency before, on, or after the effective date of the 3054
exemption. 3055
7. Information made exempt under this paragraph may be 3056
disclosed pursuant to s. 28.2221 to a title insurer authorized 3057
pursuant to s. 624.401 and its affiliates as defined in s. 3058
624.10; a title insurance agent or title insurance agency as 3059
defined in s. 626.841(1) or (2), respectively; or an attorney 3060
duly admitted to practice law in this state and in good standing 3061
with The Florida Bar. 3062
8. The exempt status of a home address contained in the 3063
Official Records is maintained only during the period wh en a 3064
protected party resides at the dwelling location. Upon 3065
conveyance of real property after October 1, 2021, and when such 3066
real property no longer constitutes a protected party's home 3067
address as defined in sub -subparagraph 1.a., the protected party 3068
must submit a written request to release the removed information 3069
to the county recorder. The written request to release the 3070
removed information must be notarized, must confirm that a 3071
protected party's request for release is pursuant to a 3072
conveyance of his or he r dwelling location, and must specify the 3073
Official Records book and page, instrument number, or clerk's 3074
file number for each document containing the information to be 3075
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released. 3076
9. Upon the death of a protected party as verified by a 3077
certified copy of a d eath certificate or court order, any party 3078
can request the county recorder to release a protected 3079
decedent's removed information unless there is a related request 3080
on file with the county recorder for continued removal of the 3081
decedent's information or unles s such removal is otherwise 3082
prohibited by statute or by court order. The written request to 3083
release the removed information upon the death of a protected 3084
party must attach the certified copy of a death certificate or 3085
court order and must be notarized, must confirm the request for 3086
release is due to the death of a protected party, and must 3087
specify the Official Records book and page number, instrument 3088
number, or clerk's file number for each document containing the 3089
information to be released. A fee may not be c harged for the 3090
release of any document pursuant to such request. 3091
10. Except as otherwise expressly provided in this 3092
paragraph, this paragraph is subject to the Open Government 3093
Sunset Review Act in accordance with s. 119.15 and shall stand 3094
repealed on October 2, 2024, unless reviewed and saved from 3095
repeal through reenactment by the Legislature. 3096
Section 55. Subsection (4) of section 322.09, Florida 3097
Statutes, is amended to read: 3098
322.09 Application of minors; responsibility for 3099
negligence or misconduct of minor.— 3100
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(4) Notwithstanding subsections (1) and (2), if a 3101
caregiver of a minor who is under the age of 18 years and is in 3102
out-of-home care as defined in s. 39.01 s. 39.01(55), an 3103
authorized representative of a residential group home at which 3104
such a minor resides, the caseworker at the agency at which the 3105
state has placed the minor, or a guardian ad litem specifically 3106
authorized by the minor's caregiver to sign for a learner's 3107
driver license signs the minor's application for a learner's 3108
driver license, that caregiver, group home representative, 3109
caseworker, or guardian ad litem does not assume any obligation 3110
or become liable for any damages caused by the negligence or 3111
willful misconduct of the minor by reason of having signed the 3112
application. Before signi ng the application, the caseworker, 3113
authorized group home representative, or guardian ad litem shall 3114
notify the caregiver or other responsible party of his or her 3115
intent to sign and verify the application. 3116
Section 56. Paragraph (p) of subsection (4) of section 3117
394.495, Florida Statutes, is amended to read: 3118
394.495 Child and adolescent mental health system of care; 3119
programs and services. — 3120
(4) The array of services may include, but is not limited 3121
to: 3122
(p) Trauma-informed services for children who hav e 3123
suffered sexual exploitation as defined in s. 39.01(80)(g) s. 3124
39.01(77)(g). 3125
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Section 57. Section 627.746, Florida Statutes, is amended 3126
to read: 3127
627.746 Coverage for minors who have a learner's driver 3128
license; additional premium prohibited. —An insurer that issues 3129
an insurance policy on a private passenger motor vehicle to a 3130
named insured who is a caregiver of a minor who is under the age 3131
of 18 years and is in out -of-home care as defined in s. 39.01 s. 3132
39.01(55) may not charge an additional premium for coverage of 3133
the minor while the minor is operating the insured vehicle, for 3134
the period of time that the minor has a learner's driver 3135
license, until such time as the minor obtains a driver license. 3136
Section 58. Paragraph (c) of subsection (1) of section 3137
934.255, Florida Statutes, is amended to read: 3138
934.255 Subpoenas in investigations of sexual offenses. — 3139
(1) As used in this section, the term: 3140
(c) "Sexual abuse of a child" means a criminal offense 3141
based on any conduct described in s. 39.01(80) s. 39.01(77). 3142
Section 59. Subsection (5) of section 960.065, Florida 3143
Statutes, is amended to read: 3144
960.065 Eligibility for awards. — 3145
(5) A person is not ineligible for an award pursuant to 3146
paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3147
person is a victim of sexual exploitation of a child as defined 3148
in s. 39.01(80)(g) s. 39.01(77)(g). 3149
Section 60. The Division of Law Revision is requested to 3150
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prepare a reviser's bill for the 2025 Regular Session of the 3151
Legislature to substitute the term "Statewide Guardian ad Litem 3152
Office" for the term "Guardian Ad Litem Program" or "Statewide 3153
Guardian Ad Litem Program" throughout the Florida Statutes. 3154
Section 61. This act shall take effect July 1, 2024. 3155