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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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; amending s. 118
414.56, F.S.; requiring the Office of Continuing Care 119
to work in coordination with the Statewide Guardian ad 120
Litem Office for a specified purpose; creating s. 121
1009.898, F.S.; authorizing the Pathway to Prosperity 122
program to provide certain grants to youth and young 123
adults who are aging out of foster care; requiring 124
grants to extend for a certain period of time after a 125
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recipient is reunited with his or her parents; 126
amending ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 127
110.205, 320.08058, 943.053, 985.43, 985.441, 985.455, 128
985.461, and 985.48, F.S.; conforming provisions to 129
changes made by the act; amending ss. 39.302, 39.521, 130
61.13, 119.071, 322.09, 394.495, 627.746, 934.255, and 131
960.065, F.S.; conforming cross -references; providing 132
a directive to the Division of Law Revision; providing 133
an effective date; 134
135
Be It Enacted by the Legislature of the State of Florida: 136
137
Section 1. Paragraph (j) of subsection (1), paragraph (j ) 138
of subsection (3), and paragraph (a) of subsection (10) of 139
section 39.001, Florida Statutes, are amended to read: 140
39.001 Purposes and intent; personnel standards and 141
screening.— 142
(1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 143
(j) To ensure that, when reunification or adoption is not 144
possible, the child will be prepared for alternative permanency 145
goals or placements, to include, but not be limited to, long -146
term foster care, independent living, custody to a relative on a 147
permanent basis with or without legal guardianship, or custody 148
to a foster parent or legal custodian on a permanent basis with 149
or without legal guardianship. Permanency for a child who is 150
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transitioning from foster care to independent living includes 151
naturally occurring, life long, kin-like connections between the 152
child and a supportive adult. 153
(3) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 154
the Legislature that the children of this state be provided with 155
the following protections: 156
(j) The ability to contact their g uardian ad litem and or 157
attorney ad litem, if one is appointed, by having that 158
individual's name entered on all orders of the court. 159
(10) PLAN FOR COMPREHENSIVE APPROACH. — 160
(a) The office shall develop a state plan for the 161
promotion of adoption, support of adoptive families, and 162
prevention of abuse, abandonment, and neglect of children. The 163
Department of Children and Families, the Department of 164
Corrections, the Department of Education, the Department of 165
Health, the Department of Juvenile Justice, the Dep artment of 166
Law Enforcement, the Statewide Guardian ad Litem Office, and the 167
Agency for Persons with Disabilities shall participate and fully 168
cooperate in the development of the state plan at both the state 169
and local levels. Furthermore, appropriate local a gencies and 170
organizations shall be provided an opportunity to participate in 171
the development of the state plan at the local level. 172
Appropriate local groups and organizations shall include, but 173
not be limited to, community mental health centers; circuit 174
guardian ad litem offices programs for children under the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circuit court; the school boards of the local school districts; 176
the Florida local advocacy councils; community -based care lead 177
agencies; private or public organizations or programs with 178
recognized expertise in working with child abuse prevention 179
programs for children and families; private or public 180
organizations or programs with recognized expertise in working 181
with children who are sexually abused, physically abused, 182
emotionally abused, abandoned, or ne glected and with expertise 183
in working with the families of such children; private or public 184
programs or organizations with expertise in maternal and infant 185
health care; multidisciplinary Child Protection Teams; child day 186
care centers; law enforcement agenc ies; and the circuit courts , 187
when guardian ad litem programs are not available in the local 188
area. The state plan to be provided to the Legislature and the 189
Governor shall include, as a minimum, the information required 190
of the various groups in paragraph (b) . 191
Section 2. Subsection (2) of section 39.00145, Florida 192
Statutes, is amended to read: 193
39.00145 Records concerning children. — 194
(2) Notwithstanding any other provision of this chapter, 195
all records in a child's case record must be made available for 196
inspection, upon request, to the child who is the subject of the 197
case record and to the child's caregiver, guardian ad litem, or 198
attorney ad litem, if one is appointed . 199
(a) A complete and accurate copy of any record in a 200
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child's case record must be provid ed, upon request and at no 201
cost, to the child who is the subject of the case record and to 202
the child's caregiver, guardian ad litem, or attorney ad litem, 203
if one is appointed. 204
(b) The department shall release the information in a 205
manner and setting that are appropriate to the age and maturity 206
of the child and the nature of the information being released, 207
which may include the release of information in a therapeutic 208
setting, if appropriate. This paragraph does not deny the child 209
access to his or her record s. 210
(c) If a child or the child's caregiver, guardian ad 211
litem, or attorney ad litem, if one is appointed, requests 212
access to the child's case record, any person or entity that 213
fails to provide any record in the case record under assertion 214
of a claim of exemption from the public records requirements of 215
chapter 119, or fails to provide access within a reasonabl e 216
time, is subject to sanctions and penalties under s. 119.10. 217
(d) For the purposes of this subsection, the term 218
"caregiver" is limited to parents, legal custodians, permanent 219
guardians, or foster parents; employees of a residential home, 220
institution, facility, or agency at which the child resides; and 221
other individuals legally responsible for a child's welfare in a 222
residential setting. 223
Section 3. Paragraph (a) of subsection (2) of section 224
39.00146, Florida Statutes, is amended to read: 225
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39.00146 Case record face sheet. — 226
(2) The case record of every child under the supervision 227
or in the custody of the department or the department's 228
authorized agents, including community -based care lead agencies 229
and their subcontracted providers, must include a face sheet 230
containing relevant information about the child and his or her 231
case, including at least all of the following: 232
(a) General case information, including, but not limited 233
to, all of the following : 234
1. The child's name and date of birth .; 235
2. The current county of residence and the county of 236
residence at the time of the referral .; 237
3. The reason for the referral and any family safety 238
concerns.; 239
4. The personal identifying information of the parents or 240
legal custodians who had custody of the child at the time of the 241
referral, including name, date of birth, and county of 242
residence.; 243
5. The date of removal from the home .; and 244
6. The name and contact information of the attorney or 245
attorneys assigned to the case in all capacities, including the 246
attorney or attorneys that represent the department and the 247
parents, and the guardian ad litem , if one has been appointed . 248
Section 4. Paragraph (b) of subsection (2) and paragraph 249
(b) of subsection (3) of section 39.0016, Florida Statutes, are 250
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amended to read: 251
39.0016 Education of abused, neglected, and abandoned 252
children; agency agreements; children having or suspected of 253
having a disability. — 254
(2) AGENCY AGREEMENTS. — 255
(b) The department shall enter into agreements with 256
district school boards or other lo cal educational entities 257
regarding education and related services for children known to 258
the department who are of school age and children known to the 259
department who are younger than school age but who would 260
otherwise qualify for services from the district school board. 261
Such agreements must shall include, but are not limited to: 262
1. A requirement that the department shall: 263
a. Ensure that children known to the department are 264
enrolled in school or in the best educational setting that meets 265
the needs of the child. The agreement must shall provide for 266
continuing the enrollment of a child known to the department at 267
the school of origin when possible if it is in the best interest 268
of the child, with the goal of minimal disruption of education. 269
b. Notify the school and school district in which a child 270
known to the department is enrolled of the name and phone number 271
of the child known to the department caregiver and caseworker 272
for child safety purposes. 273
c. Establish a protocol for the department to share 274
information about a child known to the department with the 275
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school district, consistent with the Family Educational Rights 276
and Privacy Act, since the sharing of information will assist 277
each agency in obtaining education and related services for the 278
benefit of the child. The protocol must require the district 279
school boards or other local educational entities to access the 280
department's Florida Safe Families Network to obtain information 281
about children known to the department, consistent with the 282
Family Educational R ights and Privacy Act (FERPA), 20 U.S.C. s. 283
1232g. 284
d. Notify the school district of the department's case 285
planning for a child known to the department, both at the time 286
of plan development and plan review. Within the plan development 287
or review process, t he school district may provide information 288
regarding the child known to the department if the school 289
district deems it desirable and appropriate. 290
e. Show no prejudice against a caregiver who desires to 291
educate at home a child placed in his or her home th rough the 292
child welfare system. 293
2. A requirement that the district school board shall: 294
a. Provide the department with a general listing of the 295
services and information available from the district school 296
board to facilitate educational access for a chil d known to the 297
department. 298
b. Identify all educational and other services provided by 299
the school and school district which the school district 300
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believes are reasonably necessary to meet the educational needs 301
of a child known to the department. 302
c. Determine whether transportation is available for a 303
child known to the department when such transportation will 304
avoid a change in school assignment due to a change in 305
residential placement. Recognizing that continued enrollment in 306
the same school throughout the time the child known to the 307
department is in out -of-home care is preferable unless 308
enrollment in the same school would be unsafe or otherwise 309
impractical, the department, the district school board, and the 310
Department of Education shall assess the availabil ity of 311
federal, charitable, or grant funding for such transportation. 312
d. Provide individualized student intervention or an 313
individual educational plan when a determination has been made 314
through legally appropriate criteria that intervention services 315
are required. The intervention or individual educational plan 316
must include strategies to enable the child known to the 317
department to maximize the attainment of educational goals. 318
3. A requirement that the department and the district 319
school board shall cooper ate in accessing the services and 320
supports needed for a child known to the department who has or 321
is suspected of having a disability to receive an appropriate 322
education consistent with the Individuals with Disabilities 323
Education Act and state implementing laws, rules, and 324
assurances. Coordination of services for a child known to the 325
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department who has or is suspected of having a disability may 326
include: 327
a. Referral for screening. 328
b. Sharing of evaluations between the school district and 329
the department where appropriate. 330
c. Provision of education and related services appropriate 331
for the needs and abilities of the child known to the 332
department. 333
d. Coordination of services and plans between the school 334
and the residential setting to avoid duplication or conflicting 335
service plans. 336
e. Appointment of a surrogate parent, consistent with the 337
Individuals with Disabilities Education Act and pursuant to 338
subsection (3), for educational purposes for a child known to 339
the department who qualifies. 340
f. For each child known to the department 14 years of age 341
and older, transition planning by the department and all 342
providers, including the department's independent living program 343
staff and the guardian ad litem of the child , to meet the 344
requirements of the local school district for educational 345
purposes. 346
(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY. — 347
(b)1. Each district school superintendent or dependency 348
court must appoint a surrogate parent for a child known to the 349
department who has or is suspected of h aving a disability, as 350
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defined in s. 1003.01(9), when: 351
a. After reasonable efforts, no parent can be located; or 352
b. A court of competent jurisdiction over a child under 353
this chapter has determined that no person has the authority 354
under the Individuals with Disabilities Education Act, including 355
the parent or parents subject to the dependency action, or that 356
no person has the authority, willingness, or ability to serve as 357
the educational decisionmaker for the child without judicial 358
action. 359
2. A surrogate parent appointed by the district school 360
superintendent or the court must be at least 18 years old and 361
have no personal or professional interest that conflicts with 362
the interests of the student to be represented. Neither the 363
district school superintendent nor the court may appoint an 364
employee of the Department of Education, the local school 365
district, a community -based care provider, the Department of 366
Children and Families, or any other public or private agency 367
involved in the education or care of the child as appointment of 368
those persons is prohibited by federal law. This prohibition 369
includes group home staff and therapeutic foster parents. 370
However, a person who acts in a parental role to a child, such 371
as a foster parent or relative caregiver, is not prohib ited from 372
serving as a surrogate parent if he or she is employed by such 373
agency, willing to serve, and knowledgeable about the child and 374
the exceptional student education process. The surrogate parent 375
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may be a court-appointed guardian ad litem or a relativ e or 376
nonrelative adult who is involved in the child's life regardless 377
of whether that person has physical custody of the child. Each 378
person appointed as a surrogate parent must have the knowledge 379
and skills acquired by successfully completing training usin g 380
materials developed and approved by the Department of Education 381
to ensure adequate representation of the child. 382
3. If a guardian ad litem has been appointed for a child, 383
The district school superintendent must first consider the 384
child's guardian ad lit em when appointing a surrogate parent. 385
The district school superintendent must accept the appointment 386
of the court if he or she has not previously appointed a 387
surrogate parent. Similarly, the court must accept a surrogate 388
parent duly appointed by a distric t school superintendent. 389
4. A surrogate parent appointed by the district school 390
superintendent or the court must be accepted by any subsequent 391
school or school district without regard to where the child is 392
receiving residential care so that a single surr ogate parent can 393
follow the education of the child during his or her entire time 394
in state custody. Nothing in this paragraph or in rule shall 395
limit or prohibit the continuance of a surrogate parent 396
appointment when the responsibility for the student's 397
educational placement moves among and between public and private 398
agencies. 399
5. For a child known to the department, the responsibility 400
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to appoint a surrogate parent resides with both the district 401
school superintendent and the court with jurisdiction over the 402
child. If the court elects to appoint a surrogate parent, notice 403
shall be provided as soon as practicable to the child's school. 404
At any time the court determines that it is in the best 405
interests of a child to remove a surrogate parent, the court may 406
appoint a new surrogate parent for educational decisionmaking 407
purposes for that child. 408
6. The surrogate parent shall continue in the appointed 409
role until one of the following occurs: 410
a. The child is determined to no longer be eligible or in 411
need of special programs, except when termination of special 412
programs is being contested. 413
b. The child achieves permanency through adoption or legal 414
guardianship and is no longer in the custody of the department. 415
c. The parent who was previously unknown becomes known, 416
whose whereabouts were unknown is located, or who was 417
unavailable is determined by the court to be available. 418
d. The appointed surrogate no longer wishes to represent 419
the child or is unable to represent the child. 420
e. The superintendent of the school di strict in which the 421
child is attending school, the Department of Education contract 422
designee, or the court that appointed the surrogate determines 423
that the appointed surrogate parent no longer adequately 424
represents the child. 425
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f. The child moves to a geog raphic location that is not 426
reasonably accessible to the appointed surrogate. 427
7. The appointment and termination of appointment of a 428
surrogate under this paragraph shall be entered as an order of 429
the court with a copy of the order provided to the child's 430
school as soon as practicable. 431
8. The person appointed as a surrogate parent under this 432
paragraph must: 433
a. Be acquainted with the child and become knowledgeable 434
about his or her disability and educational needs. 435
b. Represent the child in all matters relating to 436
identification, evaluation, and educational placement and the 437
provision of a free and appropriate education to the child. 438
c. Represent the interests and safeguard the rights of the 439
child in educational decisions that affect the child. 440
9. The responsibilities of the person appointed as a 441
surrogate parent shall not extend to the care, maintenance, 442
custody, residential placement, or any other area not 443
specifically related to the education of the child, unless the 444
same person is appointed by th e court for such other purposes. 445
10. A person appointed as a surrogate parent shall enjoy 446
all of the procedural safeguards afforded a parent with respect 447
to the identification, evaluation, and educational placement of 448
a student with a disability or a stu dent who is suspected of 449
having a disability. 450
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11. A person appointed as a surrogate parent shall not be 451
held liable for actions taken in good faith on behalf of the 452
student in protecting the special education rights of the child. 453
Section 5. Subsectio ns (8) through (30) and (31) through 454
(87) of section 39.01, Florida Statutes, are renumbered as 455
subsections (9) through (31) and (34) through (90), 456
respectively, present subsections (9), (36), and (58) are 457
amended, and new subsections (8), (32), and (33) a re added to 458
that section, to read: 459
39.01 Definitions.—When used in this chapter, unless the 460
context otherwise requires: 461
(8) "Attorney ad litem" means an attorney appointed by the 462
court to represent a child in a dependency case who has an 463
attorney-client relationship with the child under the rules 464
regulating The Florida Bar. 465
(10)(9) "Caregiver" means the parent, legal custodian, 466
permanent guardian, adult household member, or other person 467
responsible for a child's welfare as defined in sub section 468
(57)(54). 469
(32) "Guardian ad litem" means a person or an entity that 470
is a fiduciary appointed by the court to represent a child in 471
any civil, criminal, or administrative proceeding to which the 472
child is a party, including, but not limited to, unde r this 473
chapter, which uses a best interest standard for decisionmaking 474
and advocacy. For purposes of this chapter, the term includes, 475
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but is not limited to, the Statewide Guardian ad Litem Office, 476
which includes all circuit guardian ad litem offices and th e 477
duly certified volunteers, staff, and attorneys assigned by the 478
Statewide Guardian ad Litem Office to represent children; a 479
court-appointed attorney; or a responsible adult who is 480
appointed by the court. A guardian ad litem is a party to the 481
judicial proceeding as a representative of the child and serves 482
until the jurisdiction of the court over the child terminates or 483
until excused by the court. 484
(33) "Guardian advocate" means a person appointed by the 485
court to act on behalf of a drug -dependent newborn under part XI 486
of this chapter. 487
(39)(36) "Institutional child abuse or neglect" means 488
situations of known or suspected child abuse or neglect in which 489
the person allegedly perpetrating the child abuse or neglect is 490
an employee of a public or private school , public or private day 491
care center, residential home, institution, facility, or agency 492
or any other person at such institution responsible for the 493
child's welfare as defined in subsection (57)(54). 494
(61)(58) "Party" means the parent or parents of the child, 495
the petitioner, the department, the guardian ad litem or the 496
representative of the guardian ad litem program when the program 497
has been appointed, and the child. The presence of the child may 498
be excused by order of the court when presence would not be in 499
the child's best interest. Notice to the child may be excused by 500
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order of the court when the age, capacity, or other condition of 501
the child is such that the notice would be meaningless or 502
detrimental to the child. 503
Section 6. Subsection (11) of section 39.013, Florida 504
Statutes, is amended and subsection (14) is added to that 505
section, to read: 506
39.013 Procedures and jurisdiction; right to counsel ; 507
guardian ad litem and attorney ad litem .— 508
(11) The court shall appoint a guardian ad litem at the 509
earliest possible time to represent a child throughout the 510
proceedings, including any appeals. The guardian ad litem may 511
represent the child in proceedings outside of the dependency 512
case to secure the services and benefits that provide for the 513
care, safety, and protection of the child encourage the 514
Statewide Guardian Ad Litem Office to provide greater 515
representation to those children who are within 1 year of 516
transferring out of foster care . 517
(14) The court may appo int an attorney ad litem for a 518
child if the court believes the child is in need of such 519
representation and determines that the child has a rational and 520
factual understanding of the proceedings and sufficient present 521
ability to consult with an attorney with a reasonable degree of 522
rational understanding. The attorney ad litem may represent the 523
child in proceedings outside of the dependency case to secure 524
services and benefits that provide for the care, safety, and 525
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protection of the child. 526
Section 7. Section 39.01305, Florida Statutes, is amended 527
to read: 528
39.01305 Appointment of an attorney ad litem for a 529
dependent child with certain special needs .— 530
(1)(a) The Legislature finds that : 531
1. all children in proceedings under this chapter have 532
important interests at stake, such as health, safety, and well -533
being and the need to obtain permanency. While such children are 534
represented by the Statewide Guardian ad Litem Office using a 535
best interest standard of decisionmaking and advocacy, some 536
children may also need representation by an attorney ad litem in 537
proceedings under this chapter. 538
(2) The court may appoint an attorney ad litem for a child 539
if the court believes the child is in need of such 540
representation and determines that the child has a rational and 541
factual understanding of the proceedings and sufficient present 542
ability to consult with an attorney with a reasonable degree of 543
rational understanding. 544
2. A dependent child who has certain special needs has a 545
particular need for an attorney to represent th e dependent child 546
in proceedings under this chapter, as well as in fair hearings 547
and appellate proceedings, so that the attorney may address the 548
child's medical and related needs and the services and supports 549
necessary for the child to live successfully in the community. 550
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(b) The Legislature recognizes the existence of 551
organizations that provide attorney representation to children 552
in certain jurisdictions throughout the state. Further, the 553
statewide Guardian Ad Litem Program provides best interest 554
representation for dependent children in every jurisdiction in 555
accordance with state and federal law. The Legislature, 556
therefore, does not intend that funding provided for 557
representation under this section supplant proven and existing 558
organizations representing ch ildren. Instead, the Legislature 559
intends that funding provided for representation under this 560
section be an additional resource for the representation of more 561
children in these jurisdictions, to the extent necessary to meet 562
the requirements of this chapter, with the cooperation of 563
existing local organizations or through the expansion of those 564
organizations. The Legislature encourages the expansion of pro 565
bono representation for children. This section is not intended 566
to limit the ability of a pro bono attorne y to appear on behalf 567
of a child. 568
(2) As used in this section, the term "dependent child" 569
means a child who is subject to any proceeding under this 570
chapter. The term does not require that a child be adjudicated 571
dependent for purposes of this section. 572
(3) An attorney shall be appointed for a dependent child 573
who: 574
(a) Resides in a skilled nursing facility or is being 575
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considered for placement in a skilled nursing home; 576
(b) Is prescribed a psychotropic medication but declines 577
assent to the psychotropic m edication; 578
(c) Has a diagnosis of a developmental disability as 579
defined in s. 393.063; 580
(d) Is being placed in a residential treatment center or 581
being considered for placement in a residential treatment 582
center; or 583
(e) Is a victim of human trafficking as defined in s. 584
787.06(2)(d). 585
(3)(a)(4)(a) Before a court may appoint an attorney ad 586
litem, who may be compensated pursuant to this section, the 587
court must request a recommendation from the Statewide Guardian 588
ad Litem Office for an attorney who is willi ng to represent a 589
child without additional compensation. If such an attorney is 590
available within 15 days after the court's request, the court 591
must appoint that attorney. However, the court may appoint a 592
compensated attorney within the 15 -day period if the Statewide 593
Guardian ad Litem Office informs the court that the office is 594
unable it will not be able to recommend an attorney within that 595
time period. 596
(b) A court order appointing After an attorney ad litem 597
must be in writing. is appointed, the appointment continues in 598
effect until the attorney is allowed to withdraw or is 599
discharged by The court must discharge or until the case is 600
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dismissed. an attorney ad litem who is appointed under this 601
section if the need for such representation is resolved. The 602
attorney ad litem may represent the child in proceedings outside 603
of the dependency case to secure services and benefits that 604
provide for the care, safety, and protection of the child to 605
represent the child shall provide the complete range of legal 606
services, from the removal from home or from the initial 607
appointment through all available appellate proceedings . With 608
the permission of the court, the attorney ad litem for the 609
dependent child may arrange for supplemental or separate counsel 610
to represent the child in a ppellate proceedings. A court order 611
appointing an attorney under this section must be in writing. 612
(4)(5) Unless the attorney ad litem has agreed to provide 613
pro bono services, an appointed attorney ad litem or 614
organization must be adequately compensated. All appointed 615
attorneys ad litem and organizations, including pro bono 616
attorneys, must be provided with access to funding for expert 617
witnesses, depositions, and other due process costs of 618
litigation. Payment of attorney fees and case -related due 619
process costs are subject to appropriations and review by the 620
Justice Administrative Commission for reasonableness. The 621
Justice Administrative Commission shall contract with attorneys 622
ad litem appointed by the court. Attorney fees may not exceed 623
$1,000 per child per year. 624
(6) The department shall develop procedures to identify a 625
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dependent child who has a special need specified under 626
subsection (3) and to request that a court appoint an attorney 627
for the child. 628
(7) The department may adopt rules to administer this 629
section. 630
(8) This section does not limit the authority of the court 631
to appoint an attorney for a dependent child in a proceeding 632
under this chapter. 633
(5)(9) Implementation of this section is subject to 634
appropriations expressly made for that purpose. 635
Section 8. The amendments made by this act to s. 39.01305, 636
Florida Statutes, apply only to attorney ad litem appointments 637
made on or after July 1, 2024. 638
Section 9. Subsection (3) of section 39.0132, Fl orida 639
Statutes, is amended to read: 640
39.0132 Oaths, records, and confidential information. — 641
(3) The clerk shall keep all court records required by 642
this chapter separate from other records of the circuit court. 643
All court records required by this chapter may shall not be open 644
to inspection by the public. All records may shall be inspected 645
only upon order of the court by persons deemed by the court to 646
have a proper interest therein, except that, subject to the 647
provisions of s. 63.162, a child, and the parents of the child 648
and their attorneys, the guardian ad litem, criminal conflict 649
and civil regional counsels, law enforcement agencies, and the 650
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department and its designees , and the attorney ad litem, if one 651
is appointed, shall always have the right to inspec t and copy 652
any official record pertaining to the child. The Justice 653
Administrative Commission may inspect court dockets required by 654
this chapter as necessary to audit compensation of court -655
appointed attorneys ad litem. If the docket is insufficient for 656
purposes of the audit, the commission may petition the court for 657
additional documentation as necessary and appropriate. The court 658
may permit authorized representatives of recognized 659
organizations compiling statistics for proper purposes to 660
inspect and make abstracts from official records, under whatever 661
conditions upon their use and disposition the court may deem 662
proper, and may punish by contempt proceedings any violation of 663
those conditions. 664
Section 10. Paragraph (a) of subsection (3) of section 665
39.0136, Florida Statutes, is amended to read: 666
39.0136 Time limitations; continuances. — 667
(3) The time limitations in this chapter do not include: 668
(a) Periods of delay resulting from a continuance granted 669
at the request of the child's counsel , or the child's guardian 670
ad litem, or attorney ad litem, if one is appointed , if the 671
child is of sufficient capacity to express reasonable consent, 672
at the request or with the consent of the child . The court must 673
consider the best interests of the child when determining 674
periods of delay under this section. 675
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Section 11. Subsection (7) of section 39.01375, Florida 676
Statutes, is amended to read: 677
39.01375 Best interest determination for placement. —The 678
department, community -based care lead agency, or court shall 679
consider all of the following factors when determining whether a 680
proposed placement under this chapter is in the child's best 681
interest: 682
(7) The recommendation of the child's guardian ad litem , 683
if one has been appointed . 684
Section 12. Paragraphs (a) and (b) of subse ction (4) of 685
section 39.0139, Florida Statutes, are amended to read: 686
39.0139 Visitation or other contact; restrictions. — 687
(4) HEARINGS.—A person who meets any of the criteria set 688
forth in paragraph (3)(a) who seeks to begin or resume contact 689
with the child victim shall have the right to an evidentiary 690
hearing to determine whether contact is appropriate. 691
(a) Before Prior to the hearing, the court shall appoint 692
an attorney ad litem or a guardian ad litem for the child if one 693
has not already been appointe d. The guardian ad litem and Any 694
attorney ad litem, if one is or guardian ad litem appointed, 695
must shall have special training in the dynamics of child sexual 696
abuse. 697
(b) At the hearing, the court may receive and rely upon 698
any relevant and material eviden ce submitted to the extent of 699
its probative value, including written and oral reports or 700
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recommendations from the Child Protection Team, the child's 701
therapist, the child's guardian ad litem, or the child's 702
attorney ad litem, if one is appointed, even if these reports, 703
recommendations, and evidence may not be admissible under the 704
rules of evidence. 705
Section 13. Paragraphs (d) and (t) of subsection (2) of 706
section 39.202, Florida Statutes, are amended to read: 707
39.202 Confidentiality of reports and records in cases of 708
child abuse or neglect; exception. — 709
(2) Except as provided in subsection (4), access to such 710
records, excluding the name of, or other identifying information 711
with respect to, the reporter which may only shall be released 712
only as provided in subsection (5), may only shall be granted 713
only to the following persons, officials, and agencies: 714
(d) The parent or legal custodian of any child who is 715
alleged to have been abused, abandoned, or neglected ; the child; 716
the child's guardian ad litem; the child's attorney ad litem, if 717
one is appointed; or , and the child, and their attorneys, 718
including any attorney representing a child in civil or criminal 719
proceedings. This access must shall be made available no later 720
than 60 days after the department receiv es the initial report of 721
abuse, neglect, or abandonment. However, any information 722
otherwise made confidential or exempt by law may shall not be 723
released pursuant to this paragraph. 724
(t) Persons with whom the department is seeking to place 725
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the child or to whom placement has been granted, including 726
foster parents for whom an approved home study has been 727
conducted, the designee of a licensed child -caring agency as 728
defined in s. 39.01 s. 39.01(41), an approved relative or 729
nonrelative with whom a child is place d pursuant to s. 39.402, 730
preadoptive parents for whom a favorable preliminary adoptive 731
home study has been conducted, adoptive parents, or an adoption 732
entity acting on behalf of preadoptive or adoptive parents. 733
Section 14. Paragraph (c) of subsection ( 8), paragraphs 734
(b) and (c) of subsection (11), and paragraph (a) of subsection 735
(14) of section 39.402, Florida Statutes, are amended to read: 736
39.402 Placement in a shelter. — 737
(8) 738
(c) At the shelter hearing, the court shall: 739
1. Appoint a guardian ad l item to represent the best 740
interest of the child , unless the court finds that such 741
representation is unnecessary ; 742
2. Inform the parents or legal custodians of their right 743
to counsel to represent them at the shelter hearing and at each 744
subsequent hearing or proceeding, and the right of the parents 745
to appointed counsel, pursuant to the procedures set forth in s. 746
39.013; 747
3. Give the parents or legal custodians an opportunity to 748
be heard and to present evidence; and 749
4. Inquire of those present at the shel ter hearing as to 750
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the identity and location of the legal father. In determining 751
who the legal father of the child may be, the court shall 752
inquire under oath of those present at the shelter hearing 753
whether they have any of the following information: 754
a. Whether the mother of the child was married at the 755
probable time of conception of the child or at the time of birth 756
of the child. 757
b. Whether the mother was cohabiting with a male at the 758
probable time of conception of the child. 759
c. Whether the mother has received payments or promises of 760
support with respect to the child or because of her pregnancy 761
from a man who claims to be the father. 762
d. Whether the mother has named any man as the father on 763
the birth certificate of the child or in connection with 764
applying for or receiving public assistance. 765
e. Whether any man has acknowledged or claimed paternity 766
of the child in a jurisdiction in which the mother resided at 767
the time of or since conception of the child or in which the 768
child has resided or resides. 769
f. Whether a man is named on the birth certificate of the 770
child pursuant to s. 382.013(2). 771
g. Whether a man has been determined by a court order to 772
be the father of the child. 773
h. Whether a man has been determined to be the father of 774
the child by the Depa rtment of Revenue as provided in s. 775
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409.256. 776
(11) 777
(b) The court shall request that the parents consent to 778
provide access to the child's medical records and provide 779
information to the court, the department or its contract 780
agencies, and the any guardian ad litem and or attorney ad 781
litem, if one is appointed, for the child. If a parent is 782
unavailable or unable to consent or withholds consent and the 783
court determines access to the records and information is 784
necessary to provide services to the child, the cou rt shall 785
issue an order granting access. The court may also order the 786
parents to provide all known medical information to the 787
department and to any others granted access under this 788
subsection. 789
(c) The court shall request that the parents consent to 790
provide access to the child's child care records, early 791
education program records, or other educational records and 792
provide information to the court, the department or its contract 793
agencies, and the any guardian ad litem and or attorney ad 794
litem, if one is appo inted, for the child. If a parent is 795
unavailable or unable to consent or withholds consent and the 796
court determines access to the records and information is 797
necessary to provide services to the child, the court shall 798
issue an order granting access. 799
(14) The time limitations in this section do not include: 800
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(a) Periods of delay resulting from a continuance granted 801
at the request or with the consent of the child's counsel or the 802
child's guardian ad litem or attorney ad litem , if one is has 803
been appointed by the court, or, if the child is of sufficient 804
capacity to express reasonable consent, at the request or with 805
the consent of the child's attorney or the child's guardian ad 806
litem, if one has been appointed by the court, and the child . 807
Section 15. Paragraphs (a) and (b) of subsection (4) of 808
section 39.4022, Florida Statutes, are amended to read: 809
39.4022 Multidisciplinary teams; staffings; assessments; 810
report.— 811
(4) PARTICIPANTS.— 812
(a) Collaboration among diverse individuals who are part 813
of the child's network is necessary to make the most informed 814
decisions possible for the child. A diverse team is preferable 815
to ensure that the necessary combination of technical skills, 816
cultural knowledge, community resources, and personal 817
relationships is developed a nd maintained for the child and 818
family. The participants necessary to achieve an appropriately 819
diverse team for a child may vary by child and may include 820
extended family, friends, neighbors, coaches, clergy, coworkers, 821
or others the family identifies as po tential sources of support. 822
1. Each multidisciplinary team staffing must invite the 823
following members: 824
a. The child, unless he or she is not of an age or 825
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capacity to participate in the team , and the child's guardian ad 826
litem; 827
b. The child's family me mbers and other individuals 828
identified by the family as being important to the child, 829
provided that a parent who has a no contact order or injunction, 830
is alleged to have sexually abused the child, or is subject to a 831
termination of parental rights may not p articipate; 832
c. The current caregiver, provided the caregiver is not a 833
parent who meets the criteria of one of the exceptions under 834
sub-subparagraph b.; 835
d. A representative from the department other than the 836
Children's Legal Services attorney, when the department is 837
directly involved in the goal identified by the staffing; 838
e. A representative from the community -based care lead 839
agency, when the lead agency is directly involved in the goal 840
identified by the staffing; 841
f. The case manager for the child, or his or her case 842
manager supervisor; and 843
g. A representative from the Department of Juvenile 844
Justice, if the child is dually involved with both the 845
department and the Department of Juvenile Justice. 846
2. The multidisciplinary team must make reasonable efforts 847
to have all mandatory invitees attend. However, the 848
multidisciplinary team staffing may not be delayed if the 849
invitees in subparagraph 1. fail to attend after being provided 850
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reasonable opportunities. 851
(b) Based on the particular goal the multidisciplinary 852
team staffing identifies as the purpose of convening the 853
staffing as provided under subsection (5), the department or 854
lead agency may also invite to the meeting other professionals, 855
including, but not limited to: 856
1. A representative fro m Children's Medical Services; 857
2. A guardian ad litem, if one is appointed; 858
2.3. A school personnel representative who has direct 859
contact with the child; 860
3.4. A therapist or other behavioral health professional, 861
if applicable; 862
4.5. A mental health professional with expertise in 863
sibling bonding, if the department or lead agency deems such 864
expert is necessary; or 865
5.6. Other community providers of services to the child or 866
stakeholders, when applicable. 867
Section 16. Paragraph (d) of subsection (3) and paragraph 868
(c) of subsection (4) of section 39.4023, Florida Statutes, are 869
amended to read: 870
39.4023 Placement and education transitions; transition 871
plans.— 872
(3) PLACEMENT TRANSITIONS. — 873
(d) Transition planning. — 874
1. If the supportive services provi ded pursuant to 875
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paragraph (c) have not been successful to make the maintenance 876
of the placement suitable or if there are other circumstances 877
that require the child to be moved, the department or the 878
community-based care lead agency must convene a 879
multidisciplinary team staffing as required under s. 39.4022 880
before the child's placement is changed, or within 72 hours of 881
moving the child in an emergency situation, for the purpose of 882
developing an appropriate transition plan. 883
2. A placement change may occur i mmediately in an 884
emergency situation without convening a multidisciplinary team 885
staffing. However, a multidisciplinary team staffing must be 886
held within 72 hours after the emergency situation arises. 887
3. The department or the community -based care lead agency 888
must provide written notice of the planned move at least 14 days 889
before the move or within 72 hours after an emergency situation, 890
to the greatest extent possible and consistent with the child's 891
needs and preferences. The notice must include the reason a 892
placement change is necessary. A copy of the notice must be 893
filed with the court and be provided to all of the following : 894
a. The child, unless he or she, due to age or capacity, is 895
unable to comprehend the written notice, which will necessitate 896
the department or lead agency to provide notice in an age -897
appropriate and capacity -appropriate alternative manner .; 898
b. The child's parents, unless prohibited by court order .; 899
c. The child's out-of-home caregiver.; 900
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d. The guardian ad litem ., if one is appointed; 901
e. The attorney ad litem for the child, if one is 902
appointed.; and 903
f. The attorney for the department. 904
4. The transition plan must be developed through 905
cooperation among the persons included in subparagraph 3., and 906
such persons must share any relevant information necessary for 907
its development. Subject to the child's needs and preferences, 908
the transition plan must meet the requirements of s. 909
409.1415(2)(b)8. and exclude any placement changes that occur 910
between 7 p.m. and 8 a.m. 911
5. The department or the community-based care lead agency 912
shall file the transition plan with the court within 48 hours 913
after the creation of such plan and provide a copy of the plan 914
to the persons included in subparagraph 3. 915
(4) EDUCATION TRANSITIONS. — 916
(c) Minimizing school changes.— 917
1. Every effort must be made to keep a child in the school 918
of origin if it is in the child's best interest. Any placement 919
decision must include thoughtful consideration of which school a 920
child will attend if a school change is necessar y. 921
2. Members of a multidisciplinary team staffing convened 922
for a purpose other than a school change must determine the 923
child's best interest regarding remaining in the school or 924
program of origin if the child's educational options are 925
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affected by any other decision being made by the 926
multidisciplinary team. 927
3. The determination of whether it is in the child's best 928
interest to remain in the school of origin, and if not, of which 929
school the child will attend in the future, must be made in 930
consultation with the following individuals, including, but not 931
limited to, the child; the parents; the caregiver; the child 932
welfare professional; the guardian ad litem , if appointed; the 933
educational surrogate, if appointed; child care and educational 934
staff, including tea chers and guidance counselors; and the 935
school district representative or foster care liaison. A 936
multidisciplinary team member may contact any of these 937
individuals in advance of a multidisciplinary team staffing to 938
obtain his or her recommendation. An indiv idual may remotely 939
attend the multidisciplinary team staffing if one of the 940
identified goals is related to determining an educational 941
placement. The multidisciplinary team may rely on a report from 942
the child's current school or program district and, if 943
applicable, any other school district being considered for the 944
educational placement if the required school personnel are not 945
available to attend the multidisciplinary team staffing in 946
person or remotely. 947
4. The multidisciplinary team and the individuals li sted 948
in subparagraph 3. must consider, at a minimum, all of the 949
following factors when determining whether remaining in the 950
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school or program of origin is in the child's best interest or, 951
if not, when selecting a new school or program: 952
a. The child's desire to remain in the school or program 953
of origin. 954
b. The preference of the child's parents or legal 955
guardians. 956
c. Whether the child has siblings, close friends, or 957
mentors at the school or program of origin. 958
d. The child's cultural and community connections in the 959
school or program of origin. 960
e. Whether the child is suspected of having a disability 961
under the Individuals with Disabilities Education Act (IDEA) or 962
s. 504 of the Rehabilitation Act of 1973, or has begun receiving 963
interventions under this state's multitiered system of supports. 964
f. Whether the child has an evaluation pending for special 965
education and related services under IDEA or s. 504 of the 966
Rehabilitation Act of 1973. 967
g. Whether the child is a student with a disability under 968
IDEA who is receiving special education and related services or 969
a student with a disability under s. 504 of the Rehabilitation 970
Act of 1973 who is receiving accommodations and services and, if 971
so, whether those required services are available in a school or 972
program other than the school or program of origin. 973
h. Whether the child is an English Language Learner 974
student and is receiving language services and, if so, whether 975
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those required services are available in a school or program 976
other than the school or pro gram of origin. 977
i. The impact a change to the school or program of origin 978
would have on academic credits and progress toward promotion. 979
j. The availability of extracurricular activities 980
important to the child. 981
k. The child's known individualized educ ational plan or 982
other medical and behavioral health needs and whether such plan 983
or needs are able to be met at a school or program other than 984
the school or program of origin. 985
l. The child's permanency goal and timeframe for achieving 986
permanency. 987
m. The child's history of school transfers and how such 988
transfers have impacted the child academically, emotionally, and 989
behaviorally. 990
n. The length of the commute to the school or program from 991
the child's home or placement and how such commute would impact 992
the child. 993
o. The length of time the child has attended the school or 994
program of origin. 995
5. The cost of transportation cannot be a factor in making 996
a best interest determination. 997
Section 17. Paragraph (f) of subsection (3) of section 998
39.407, Florida Statutes, is amended to read: 999
39.407 Medical, psychiatric, and psychological examination 1000
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and treatment of child; physical, mental, or substance abuse 1001
examination of person with or requesting child custody. — 1002
(3) 1003
(f)1. The department shall fully inform the court of the 1004
child's medical and behavioral status as part of the social 1005
services report prepared for each judicial review hearing held 1006
for a child for whom psychotropic medication has been prescribed 1007
or provided under this subsection. As a part of the information 1008
provided to the court, the department shall furnish copies of 1009
all pertinent medical records concerning the child which have 1010
been generated since the previous hearing. On its own motion or 1011
on good cause shown by any party, including the any guardian ad 1012
litem, attorney, or attorney ad litem , if one is who has been 1013
appointed to represent the child or the child's interests , the 1014
court may review the status more frequently than required in 1015
this subsection. 1016
2. The court may, in the best interests of the child, 1017
order the department to obtain a medical opinion addressing 1018
whether the continued use of the medication under the 1019
circumstances is safe and medically appropriate. 1020
Section 18. Paragraphs (m), (t), and (u) of subsection (1) 1021
of section 39.4085, Florida Statutes, are amended to read: 1022
39.4085 Goals for dependent children; responsibilities; 1023
education; Office of the Children's Ombudsman. — 1024
(1) The Legislature finds that the design and delivery of 1025
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child welfare services should be directed by the principle that 1026
the health and safety of children, including the freedom from 1027
abuse, abandonment, or neglect, is of paramount concern and, 1028
therefore, establishes the following goals for children in 1029
shelter or foster care: 1030
(m) To receive meaningful case ma nagement and planning 1031
that will quickly return the child to his or her family or move 1032
the child on to other forms of permanency. For a child who is 1033
transitioning from foster care to independent living, permanency 1034
includes establishing naturally occurring, lifelong, kin-like 1035
connections between the child and a supportive adult. 1036
(t) To have a guardian ad litem appointed to represent, 1037
within reason, their best interests and, if appropriate, an 1038
attorney ad litem appointed to represent their legal interests ; 1039
the guardian ad litem and attorney ad litem , if one is 1040
appointed, shall have immediate and unlimited access to the 1041
children they represent. 1042
(u) To have all their records available for review by 1043
their guardian ad litem and attorney ad litem , if one is 1044
appointed, if they deem such review necessary. 1045
1046
This subsection establishes goals and not rights. This 1047
subsection does not require the delivery of any particular 1048
service or level of service in excess of existing 1049
appropriations. A person does not have a cause o f action against 1050
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the state or any of its subdivisions, agencies, contractors, 1051
subcontractors, or agents, based upon the adoption of or failure 1052
to provide adequate funding for the achievement of these goals 1053
by the Legislature. This subsection does not requi re the 1054
expenditure of funds to meet the goals established in this 1055
subsection except those funds specifically appropriated for such 1056
purpose. 1057
Section 19. Subsection (8) of section 39.502, Florida 1058
Statutes, is amended to read: 1059
39.502 Notice, process, and service.— 1060
(8) It is not necessary to the validity of a proceeding 1061
covered by this part that the parents be present if their 1062
identity or residence is unknown after a diligent search has 1063
been made; however, but in this event the petitioner must shall 1064
file an affidavit of diligent search prepared by the person who 1065
made the search and inquiry, and the court must may appoint a 1066
guardian ad litem for the child if a guardian ad litem has not 1067
previously been appointed . 1068
Section 20. Paragraph (c) of subsecti on (3) of section 1069
39.522, Florida Statutes, is amended to read: 1070
39.522 Postdisposition change of custody. — 1071
(3) 1072
(c)1. The department or community -based care lead agency 1073
must notify a current caregiver who has been in the physical 1074
custody placement for at least 9 consecutive months and who 1075
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meets all the established criteria in paragraph (b) of an intent 1076
to change the physical custody of the child, and a 1077
multidisciplinary team staffing must be held in accordance with 1078
ss. 39.4022 and 39.4023 at least 21 da ys before the intended 1079
date for the child's change in physical custody, unless there is 1080
an emergency situation as defined in s. 39.4022(2)(b). If there 1081
is not a unanimous consensus decision reached by the 1082
multidisciplinary team, the department's official p osition must 1083
be provided to the parties within the designated time period as 1084
provided for in s. 39.4022. 1085
2. A caregiver who objects to the department's official 1086
position on the change in physical custody must notify the court 1087
and the department or commun ity-based care lead agency of his or 1088
her objection and the intent to request an evidentiary hearing 1089
in writing in accordance with this section within 5 days after 1090
receiving notice of the department's official position provided 1091
under subparagraph 1. The tra nsition of the child to the new 1092
caregiver may not begin before the expiration of the 5 -day 1093
period within which the current caregiver may object. 1094
3. Upon the department or community -based care lead agency 1095
receiving written notice of the caregiver's object ion, the 1096
change to the child's physical custody must be placed in 1097
abeyance and the child may not be transitioned to a new physical 1098
placement without a court order, unless there is an emergency 1099
situation as defined in s. 39.4022(2)(b). 1100
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4. Within 7 days af ter receiving written notice from the 1101
caregiver, the court must conduct an initial case status 1102
hearing, at which time the court must do all of the following : 1103
a. Grant party status to the current caregiver who is 1104
seeking permanent custody and has maintain ed physical custody of 1105
that child for at least 9 continuous months for the limited 1106
purpose of filing a motion for a hearing on the objection and 1107
presenting evidence pursuant to this subsection .; 1108
b. Appoint an attorney for the child who is the subject of 1109
the permanent custody proceeding, in addition to the guardian ad 1110
litem, if one is appointed; 1111
b.c. Advise the caregiver of his or her right to retain 1112
counsel for purposes of the evidentiary hearing .; and 1113
c.d. Appoint a court-selected neutral and indepen dent 1114
licensed professional with expertise in the science and research 1115
of child-parent bonding. 1116
Section 21. Paragraph (c) of subsection (1) and paragraph 1117
(c) of subsection (3) of section 39.6012, Florida Statutes, are 1118
amended to read: 1119
39.6012 Case plan tasks; services.— 1120
(1) The services to be provided to the parent and the 1121
tasks that must be completed are subject to the following: 1122
(c) If there is evidence of harm as defined in s. 1123
39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 1124
required task for the parent whose actions caused the harm that 1125
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the parent submit to a substance abuse disorder assessment or 1126
evaluation and participate and comply with treatment and 1127
services identified in the assessment or evaluation as being 1128
necessary. 1129
(3) In addition to any other requirement, if the child is 1130
in an out-of-home placement, the case plan must include: 1131
(c) When appropriate, for a child who is 13 years of age 1132
or older, a written description of the programs and services 1133
that will help the child pr epare for the transition from foster 1134
care to independent living. The written description must include 1135
age-appropriate activities for the child's development of 1136
relationships, coping skills, and emotional well -being. 1137
Section 22. Section 39.6036, Florida Statutes, is created 1138
to read: 1139
39.6036 Supportive adults for children transitioning out 1140
of foster care.— 1141
(1) The Legislature finds that a committed, caring adult 1142
provides a lifeline for a child transitioning out of foster care 1143
to live independently. Ac cordingly, it is the intent of the 1144
Legislature that the Statewide Guardian ad Litem Office help 1145
children connect with supportive adults with the hope of 1146
creating an ongoing relationship that lasts into adulthood. 1147
(2) The Statewide Guardian ad Litem Offic e shall work with 1148
a child who is transitioning out of foster care to identify at 1149
least one supportive adult with whom the child can enter into a 1150
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formal agreement for an ongoing relationship and document such 1151
agreement in the child's court file. If the chil d cannot 1152
identify a supportive adult, the Statewide Guardian ad Litem 1153
Office shall work in coordination with the Office of Continuing 1154
Care to identify at least one supportive adult with whom the 1155
child can enter into a formal agreement for an ongoing 1156
relationship and document such agreement in the child's court 1157
file. 1158
Section 23. Paragraph (c) of subsection (10) of section 1159
39.621, Florida Statutes, is amended to read: 1160
39.621 Permanency determination by the court. — 1161
(10) The permanency placement is inte nded to continue 1162
until the child reaches the age of majority and may not be 1163
disturbed absent a finding by the court that the circumstances 1164
of the permanency placement are no longer in the best interest 1165
of the child. 1166
(c) The court shall base its decision concerning any 1167
motion by a parent for reunification or increased contact with a 1168
child on the effect of the decision on the safety, well -being, 1169
and physical and emotional health of the child. Factors that 1170
must be considered and addressed in the findings of fact of the 1171
order on the motion must include: 1172
1. The compliance or noncompliance of the parent with the 1173
case plan; 1174
2. The circumstances which caused the child's dependency 1175
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and whether those circumstances have been resolved; 1176
3. The stability and longevity of the child's placement; 1177
4. The preferences of the child, if the child is of 1178
sufficient age and understanding to express a preference; 1179
5. The recommendation of the current custodian; and 1180
6. Any The recommendation of the guardian ad litem , if one 1181
has been appointed. 1182
Section 24. Subsection (2) of section 39.6241, Florida 1183
Statutes, is amended to read: 1184
39.6241 Another planned permanent living arrangement. — 1185
(2) The department and the guardian ad litem must provide 1186
the court with a recommended list and description of services 1187
needed by the child, such as independent living services and 1188
medical, dental, educational, or psychological referrals, and a 1189
recommended list and description of services needed by his or 1190
her caregiver. The guardian ad litem must also advise the court 1191
whether the child has been connected with a supportive adult 1192
and, if the child has been connected with a supportive adult, 1193
whether the child has entered into a formal agreement with the 1194
adult. If the child has entered into a formal agreement pursuant 1195
to s. 39.6036, the guardian ad litem must ensure that the 1196
agreement is documented in the child's court file. 1197
Section 25. Paragraphs (b) and ( f) of subsection (1), 1198
paragraph (c) of subsection (2), subsection (3), and paragraph 1199
(e) of subsection (4) of section 39.701, Florida Statutes, are 1200
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amended to read: 1201
39.701 Judicial review. — 1202
(1) GENERAL PROVISIONS. — 1203
(b)1. The court shall retain jurisd iction over a child 1204
returned to his or her parents for a minimum period of 6 months 1205
after following the reunification, but, at that time, based on a 1206
report of the social service agency and the guardian ad litem , 1207
if one has been appointed, and any other relevant factors, the 1208
court shall make a determination as to whether supervision by 1209
the department and the court's jurisdiction shall continue or be 1210
terminated. 1211
2. Notwithstanding subparagraph 1., the court must retain 1212
jurisdiction over a child if the child is placed in the home 1213
with a parent or caregiver with an in -home safety plan and such 1214
safety plan remains necessary for the child to reside safely in 1215
the home. 1216
(f) Notice of a judicial review hearing or a citizen 1217
review panel hearing, and a copy of the motion for judicial 1218
review, if any, must be served by the clerk of the court upon 1219
all of the following persons, if available to be served, 1220
regardless of whether the person was present at the previous 1221
hearing at which the date, time, and location of the hea ring was 1222
announced: 1223
1. The social service agency charged with the supervision 1224
of care, custody, or guardianship of the child, if that agency 1225
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is not the movant. 1226
2. The foster parent or legal custodian in whose home the 1227
child resides. 1228
3. The parents. 1229
4. The guardian ad litem for the child , or the 1230
representative of the guardian ad litem program if the program 1231
has been appointed. 1232
5. The attorney ad litem for the child, if one is 1233
appointed. 1234
6. The child, if the child is 13 years of age or older. 1235
7. Any preadoptive parent. 1236
8. Such other persons as the court may direct. 1237
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1238
AGE.— 1239
(c) Review determinations. —The court and any citizen 1240
review panel shall take into consideration the information 1241
contained in the social services study and investigation and all 1242
medical, psychological, and educational records that support the 1243
terms of the case plan; testimony by the social services agency, 1244
the parent, the foster parent or caregiver, the guardian ad 1245
litem, the or surrogate parent for educational decisionmaking if 1246
one has been appointed for the child, and any other person 1247
deemed appropriate; and any relevant and material evidence 1248
submitted to the court, including written and oral reports to 1249
the extent of their probative value. These reports and evidence 1250
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may be received by the court in its effort to determine the 1251
action to be taken with regard to the child and may be relied 1252
upon to the extent of their probative value, even though not 1253
competent in an adjudic atory hearing. In its deliberations, the 1254
court and any citizen review panel shall seek to determine: 1255
1. If the parent was advised of the right to receive 1256
assistance from any person or social service agency in the 1257
preparation of the case plan. 1258
2. If the parent has been advised of the right to have 1259
counsel present at the judicial review or citizen review 1260
hearings. If not so advised, the court or citizen review panel 1261
shall advise the parent of such right. 1262
3. If a guardian ad litem needs to be appointed f or the 1263
child in a case in which a guardian ad litem has not previously 1264
been appointed or if there is a need to continue a guardian ad 1265
litem in a case in which a guardian ad litem has been appointed . 1266
4. Who holds the rights to make educational decisions f or 1267
the child. If appropriate, the court may refer the child to the 1268
district school superintendent for appointment of a surrogate 1269
parent or may itself appoint a surrogate parent under the 1270
Individuals with Disabilities Education Act and s. 39.0016. 1271
5. The compliance or lack of compliance of all parties 1272
with applicable items of the case plan, including the parents' 1273
compliance with child support orders. 1274
6. The compliance or lack of compliance with a visitation 1275
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contract between the parent and the social serv ice agency for 1276
contact with the child, including the frequency, duration, and 1277
results of the parent -child visitation and the reason for any 1278
noncompliance. 1279
7. The frequency, kind, and duration of contacts among 1280
siblings who have been separated during placement, as well as 1281
any efforts undertaken to reunite separated siblings if doing so 1282
is in the best interests of the child. 1283
8. The compliance or lack of compliance of the parent in 1284
meeting specified financial obligations pertaining to the care 1285
of the child, including the reason for failure to comply, if 1286
applicable. 1287
9. Whether the child is receiving safe and proper care 1288
according to s. 39.6012, including, but not limited to, the 1289
appropriateness of the child's current placement, including 1290
whether the child is in a setting that is as family -like and as 1291
close to the parent's home as possible, consistent with the 1292
child's best interests and special needs, and including 1293
maintaining stability in the child's educational placement, as 1294
documented by assurances fr om the community-based care lead 1295
agency that: 1296
a. The placement of the child takes into account the 1297
appropriateness of the current educational setting and the 1298
proximity to the school in which the child is enrolled at the 1299
time of placement. 1300
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b. The community-based care lead agency has coordinated 1301
with appropriate local educational agencies to ensure that the 1302
child remains in the school in which the child is enrolled at 1303
the time of placement. 1304
10. A projected date likely for the child's return home or 1305
other permanent placement. 1306
11. When appropriate, the basis for the unwillingness or 1307
inability of the parent to become a party to a case plan. The 1308
court and the citizen review panel shall determine if the 1309
efforts of the social service agency to secure party 1310
participation in a case plan were sufficient. 1311
12. For a child who has reached 13 years of age but is not 1312
yet 18 years of age, the adequacy of the child's preparation for 1313
adulthood and independent living. For a child who is 15 years of 1314
age or older, the co urt shall determine if appropriate steps are 1315
being taken for the child to obtain a driver license or 1316
learner's driver license. 1317
13. If amendments to the case plan are required. 1318
Amendments to the case plan must be made under s. 39.6013. 1319
14. If the parents and caregivers have developed a 1320
productive relationship that includes meaningful communication 1321
and mutual support. 1322
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1323
At each review hearing held under this subsection, the court 1324
shall give the child and the guardian ad litem the opportunity 1325
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to address the court and provide any information relevant to the 1326
child's best interest, particularly in relation to independent 1327
living transition services. The foster parent or, legal 1328
custodian, or guardian ad litem may also provide any information 1329
relevant to the child's best interest to the court. In addition 1330
to the review and report required under paragraphs (1)(a) and 1331
(2)(a), respectively, and the review and report required under 1332
s. 39.822(2)(a)2., the court shall: 1333
(a) Inquire about the life skills the child has acquired 1334
and whether those services are age appropriate, at the first 1335
judicial review hearing held subsequent to the child's 16th 1336
birthday. At the judicial review hearing, the department shall 1337
provide the court with a report that includes specific 1338
information related to the life skills that the child has 1339
acquired since the child's 13th birthday or since the date the 1340
child came into foster care, whichever came later. For any child 1341
who may meet the requi rements for appointment of a guardian 1342
advocate under s. 393.12 or a guardian under chapter 744, the 1343
updated case plan must be developed in a face -to-face conference 1344
with the child, if appropriate; the child's attorney ad litem, 1345
if one is appointed; the chi ld's; any court-appointed guardian 1346
ad litem; the temporary custodian of the child; and the parent 1347
of the child, if the parent's rights have not been terminated. 1348
(b) The court shall hold a judicial review hearing within 1349
90 days after a child's 17th birthd ay. The court shall issue an 1350
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order, separate from the order on judicial review, that the 1351
disability of nonage of the child has been removed under ss. 1352
743.044-743.047 for any disability that the court finds is in 1353
the child's best interest to remove. The dep artment shall 1354
include in the social study report for the first judicial review 1355
that occurs after the child's 17th birthday written verification 1356
that the child has: 1357
1. A current Medicaid card and all necessary information 1358
concerning the Medicaid program s ufficient to prepare the child 1359
to apply for coverage upon reaching the age of 18, if such 1360
application is appropriate. 1361
2. A certified copy of the child's birth certificate and, 1362
if the child does not have a valid driver license, a Florida 1363
identification card issued under s. 322.051. 1364
3. A social security card and information relating to 1365
social security insurance benefits if the child is eligible for 1366
those benefits. If the child has received such benefits and they 1367
are being held in trust for the child, a fu ll accounting of 1368
these funds must be provided and the child must be informed as 1369
to how to access those funds. 1370
4. All relevant information related to the Road -to-1371
Independence Program under s. 409.1451, including, but not 1372
limited to, eligibility requiremen ts, information on 1373
participation, and assistance in gaining admission to the 1374
program. If the child is eligible for the Road -to-Independence 1375
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Program, he or she must be advised that he or she may continue 1376
to reside with the licensed family home or group care provider 1377
with whom the child was residing at the time the child attained 1378
his or her 18th birthday, in another licensed family home, or 1379
with a group care provider arranged by the department. 1380
5. An open bank account or the identification necessary to 1381
open a bank account and to acquire essential banking and 1382
budgeting skills. 1383
6. Information on public assistance and how to apply for 1384
public assistance. 1385
7. A clear understanding of where he or she will be living 1386
on his or her 18th birthday, how living expens es will be paid, 1387
and the educational program or school in which he or she will be 1388
enrolled. 1389
8. Information related to the ability of the child to 1390
remain in care until he or she reaches 21 years of age under s. 1391
39.013. 1392
9. A letter providing the dates th at the child is under 1393
the jurisdiction of the court. 1394
10. A letter stating that the child is in compliance with 1395
financial aid documentation requirements. 1396
11. The child's educational records. 1397
12. The child's entire health and mental health records. 1398
13. The process for accessing the child's case file. 1399
14. A statement encouraging the child to attend all 1400
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judicial review hearings. 1401
15. Information on how to obtain a driver license or 1402
learner's driver license. 1403
(c) At the first judicial review hearing held subsequent 1404
to the child's 17th birthday, if the court determines pursuant 1405
to chapter 744 that there is a good faith basis to believe that 1406
the child qualifies for appointment of a guardian advocate, 1407
limited guardian, or plenary guardian for the child a nd that no 1408
less restrictive decisionmaking assistance will meet the child's 1409
needs: 1410
1. The department shall complete a multidisciplinary 1411
report which must include, but is not limited to, a psychosocial 1412
evaluation and educational report if such a report has not been 1413
completed within the previous 2 years. 1414
2. The department shall identify one or more individuals 1415
who are willing to serve as the guardian advocate under s. 1416
393.12 or as the plenary or limited guardian under chapter 744. 1417
Any other interested p arties or participants may make efforts to 1418
identify such a guardian advocate, limited guardian, or plenary 1419
guardian. The child's biological or adoptive family members, 1420
including the child's parents if the parents' rights have not 1421
been terminated, may not b e considered for service as the 1422
plenary or limited guardian unless the court enters a written 1423
order finding that such an appointment is in the child's best 1424
interests. 1425
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3. Proceedings may be initiated within 180 days after the 1426
child's 17th birthday for the appointment of a guardian 1427
advocate, plenary guardian, or limited guardian for the child in 1428
a separate proceeding in the court division with jurisdiction 1429
over guardianship matters and pursuant to chapter 744. The 1430
Legislature encourages the use of pro bono representation to 1431
initiate proceedings under this section. 1432
4. In the event another interested party or participant 1433
initiates proceedings for the appointment of a guardian 1434
advocate, plenary guardian, or limited guardian for the child, 1435
the department shall provide all necessary documentation and 1436
information to the petitioner to complete a petition under s. 1437
393.12 or chapter 744 within 45 days after the first judicial 1438
review hearing after the child's 17th birthday. 1439
5. Any proceedings seeking appointment of a guardian 1440
advocate or a determination of incapacity and the appointment of 1441
a guardian must be conducted in a separate proceeding in the 1442
court division with jurisdiction over guardianship matters and 1443
pursuant to chapter 744. 1444
(d) If the court finds at th e judicial review hearing 1445
after the child's 17th birthday that the department has not met 1446
its obligations to the child as stated in this part, in the 1447
written case plan, or in the provision of independent living 1448
services, the court may issue an order direct ing the department 1449
to show cause as to why it has not done so. If the department 1450
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cannot justify its noncompliance, the court may give the 1451
department 30 days within which to comply. If the department 1452
fails to comply within 30 days, the court may hold the 1453
department in contempt. 1454
(e) If necessary, the court may review the status of the 1455
child more frequently during the year before the child's 18th 1456
birthday. At the last review hearing before the child reaches 18 1457
years of age, and in addition to the requirement s of subsection 1458
(2), the court shall: 1459
1. Address whether the child plans to remain in foster 1460
care, and, if so, ensure that the child's transition plan 1461
includes a plan for meeting one or more of the criteria 1462
specified in s. 39.6251 and determine if the ch ild has entered 1463
into a formal agreement for an ongoing relationship with a 1464
supportive adult. 1465
2. Ensure that the transition plan includes a supervised 1466
living arrangement under s. 39.6251. 1467
3. Ensure the child has been informed of: 1468
a. The right to conti nued support and services from the 1469
department and the community -based care lead agency. 1470
b. The right to request termination of dependency 1471
jurisdiction and be discharged from foster care. 1472
c. The opportunity to reenter foster care under s. 1473
39.6251. 1474
4. Ensure that the child, if he or she requests 1475
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termination of dependency jurisdiction and discharge from foster 1476
care, has been informed of: 1477
a. Services or benefits for which the child may be 1478
eligible based on his or her former placement in foster care, 1479
including, but not limited to, the assistance of the Office of 1480
Continuing Care under s. 414.56. 1481
b. Services or benefits that may be lost through 1482
termination of dependency jurisdiction. 1483
c. Other federal, state, local, or community -based 1484
services or supports available to him or her. 1485
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1486
During each period of time that a young adult remains in foster 1487
care, the court shall review the status of the young adult at 1488
least every 6 months and must hold a permanency review hearing 1489
at least annually. 1490
(e)1. Notwithstanding the provisions of this subsection, 1491
if a young adult has chosen to remain in extended foster care 1492
after he or she has reached 18 years of age, the department may 1493
not close a case and the court may no t terminate jurisdiction 1494
until the court finds, following a hearing, that the following 1495
criteria have been met: 1496
a.1. Attendance of the young adult at the hearing; or 1497
b.2. Findings by the court that: 1498
(I)a. The young adult has been informed by the depa rtment 1499
of his or her right to attend the hearing and has provided 1500
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written consent to waive this right; and 1501
(II)b. The young adult has been informed of the potential 1502
negative effects of early termination of care, the option to 1503
reenter care before reaching 21 years of age, the procedure for, 1504
and limitations on, reentering care, and the availability of 1505
alternative services, and has signed a document attesting that 1506
he or she has been so informed and understands these provisions; 1507
or 1508
(III)c. The young adult has voluntarily left the program, 1509
has not signed the document in sub -subparagraph b., and is 1510
unwilling to participate in any further court proceeding. 1511
2.3. In all permanency hearings or hearings regarding the 1512
transition of the young adult from care to ind ependent living, 1513
the court shall consult with the young adult regarding the 1514
proposed permanency plan, case plan, and individual education 1515
plan for the young adult and ensure that he or she has 1516
understood the conversation. The court shall also inquire of th e 1517
young adult regarding his or her relationship with the 1518
supportive adult with whom the young adult has entered into a 1519
formal agreement for an ongoing relationship, if such agreement 1520
exists. 1521
Section 26. Paragraph (a) of subsection (3) of section 1522
39.801, Florida Statutes, is amended to read: 1523
39.801 Procedures and jurisdiction; notice; service of 1524
process.— 1525
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(3) Before the court may terminate parental rights, in 1526
addition to the other requirements set forth in this part, the 1527
following requirements must b e met: 1528
(a) Notice of the date, time, and place of the advisory 1529
hearing for the petition to terminate parental rights; if 1530
applicable, instructions for appearance through audio -video 1531
communication technology; and a copy of the petition must be 1532
personally served upon the following persons, specifically 1533
notifying them that a petition has been filed: 1534
1. The parents of the child. 1535
2. The legal custodians of the child. 1536
3. If the parents who would be entitled to notice are dead 1537
or unknown, a living relative of the child, unless upon diligent 1538
search and inquiry no such relative can be found. 1539
4. Any person who has physical custody of the child. 1540
5. Any grandparent entitled to priority for adoption under 1541
s. 63.0425. 1542
6. Any prospective parent who has been id entified under s. 1543
39.503 or s. 39.803, unless a court order has been entered 1544
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1545
indicates no further notice is required. Except as otherwise 1546
provided in this section, if there is not a legal father, notice 1547
of the petition for termination of parental rights must be 1548
provided to any known prospective father who is identified under 1549
oath before the court or who is identified by a diligent search 1550
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of the Florida Putative Father Registry. Service of the noti ce 1551
of the petition for termination of parental rights is not 1552
required if the prospective father executes an affidavit of 1553
nonpaternity or a consent to termination of his parental rights 1554
which is accepted by the court after notice and opportunity to 1555
be heard by all parties to address the best interests of the 1556
child in accepting such affidavit. 1557
7. The guardian ad litem for the child or the 1558
representative of the guardian ad litem program, if the program 1559
has been appointed. 1560
1561
A party may consent to service or n otice by e-mail by providing 1562
a primary e-mail address to the clerk of the court. The document 1563
containing the notice to respond or appear must contain, in type 1564
at least as large as the type in the balance of the document, 1565
the following or substantially simi lar language: "FAILURE TO 1566
APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1567
TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1568
YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1569
ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1570
THE PETITION ATTACHED TO THIS NOTICE." 1571
Section 27. Subsection (2) of section 39.807, Florida 1572
Statutes, is amended to read: 1573
39.807 Right to counsel; guardian ad litem. — 1574
(2)(a) The court shall appoint a guardian ad litem to 1575
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represent the best interest of the child in any termination of 1576
parental rights proceedings and shall ascertain at each stage of 1577
the proceedings whether a guardian ad litem has been appointed. 1578
(b) The guardian ad litem has the following 1579
responsibilities and authorities listed in s. 39.822. : 1580
1. To investigate the allegations of the petition and any 1581
subsequent matters arising in the case and, 1582
(c) Unless excused by the court, the guardian ad litem 1583
must to file a written report. This report must include a 1584
statement of the wishes of the child and the recommendations of 1585
the guardian ad litem and must be provided to all parties and 1586
the court at least 72 hours before the disposition hearing. 1587
2. To be present at all court hearings unless excused by 1588
the court. 1589
3. To represent the best interests of the child until the 1590
jurisdiction of the court over the child terminates or until 1591
excused by the court. 1592
(c) A guardian ad litem is not required to post bond but 1593
shall file an acceptance of the office. 1594
(d) A guardian ad l item is entitled to receive service of 1595
pleadings and papers as provided by the Florida Rules of 1596
Juvenile Procedure. 1597
(d)(e) This subsection does not apply to any voluntary 1598
relinquishment of parental rights proceeding. 1599
Section 28. Subsection (2) of section 39.808, Florida 1600
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Statutes, is amended to read: 1601
39.808 Advisory hearing; pretrial status conference. — 1602
(2) At the hearing the court shall inform the parties of 1603
their rights under s. 39.807, shall appoint counsel for the 1604
parties in accordance with legal requirements, and shall appoint 1605
a guardian ad litem to represent the interests of the child if 1606
one has not already been appointed. 1607
Section 29. Subsection (2) of section 39.815, Florida 1608
Statutes, is amended to read: 1609
39.815 Appeal.— 1610
(2) An attorney for the department shall represent the 1611
state upon appeal. When a notice of appeal is filed in the 1612
circuit court, the clerk shall notify the attorney for the 1613
department, together with the attorney for the parent, the 1614
guardian ad litem, and the any attorney ad litem for the child, 1615
if one is appointed. 1616
Section 30. Section 39.820, Florida Statutes, is repealed. 1617
Section 31. Subsections (1) and (3) of section 39.821, 1618
Florida Statutes, are amended to read: 1619
39.821 Qualifications of guardians ad litem. — 1620
(1) Because of the special trust or responsibility placed 1621
in a guardian ad litem, the Statewide Guardian ad Litem Office 1622
Program may use any private funds collected by the office 1623
program, or any state funds so designated, to conduct a security 1624
background investigation before certifying a volunteer to serve. 1625
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A security background investigation must include, but need not 1626
be limited to, employment history checks, checks of references, 1627
local criminal history records checks through local law 1628
enforcement agencies, and statewide criminal history records 1629
checks through the Department of Law Enforcement. Upon request, 1630
an employer shall furnish a copy of the personnel record for the 1631
employee or former employee who is the subject of a security 1632
background investigation conducted under this section. The 1633
information contained in the personnel record may include, but 1634
need not be limited to, disciplinary matters and the reason why 1635
the employee was terminat ed from employment. An employer who 1636
releases a personnel record for purposes of a security 1637
background investigation is presumed to have acted in good faith 1638
and is not liable for information contained in the record 1639
without a showing that the employer malici ously falsified the 1640
record. A security background investigation conducted under this 1641
section must ensure that a person is not certified as a guardian 1642
ad litem if the person has an arrest awaiting final disposition 1643
for, been convicted of, regardless of adju dication, entered a 1644
plea of nolo contendere or guilty to, or been adjudicated 1645
delinquent and the record has not been sealed or expunged for, 1646
any offense prohibited under the provisions listed in s. 435.04. 1647
All applicants must undergo a level 2 background s creening 1648
pursuant to chapter 435 before being certified to serve as a 1649
guardian ad litem. In analyzing and evaluating the information 1650
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obtained in the security background investigation, the office 1651
program must give particular emphasis to past activities 1652
involving children, including, but not limited to, child -related 1653
criminal offenses or child abuse. The office program has sole 1654
discretion in determining whether to certify a person based on 1655
his or her security background investigation. The information 1656
collected pursuant to the security background investigation is 1657
confidential and exempt from s. 119.07(1). 1658
(3) It is a misdemeanor of the first degree, punishable as 1659
provided in s. 775.082 or s. 775.083, for any person to 1660
willfully, knowingly, or intentionally fa il, by false statement, 1661
misrepresentation, impersonation, or other fraudulent means, to 1662
disclose in any application for a volunteer position or for paid 1663
employment with the Statewide Guardian ad Litem Office Program, 1664
any material fact used in making a dete rmination as to the 1665
applicant's qualifications for such position. 1666
Section 32. Section 39.822, Florida Statutes, is amended 1667
to read: 1668
39.822 Appointment of guardian ad litem for abused, 1669
abandoned, or neglected child. — 1670
(1) A guardian ad litem shall be appointed by the court at 1671
the earliest possible time to represent the child in any child 1672
abuse, abandonment, or neglect judicial proceeding, whether 1673
civil or criminal. A guardian ad litem is a fiduciary and must 1674
provide independent representation of the c hild using a best 1675
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interest standard of decisionmaking and advocacy. 1676
(2)(a) A guardian ad litem must: 1677
1. Be present at all court hearings unless excused by the 1678
court. 1679
2. Investigate issues related to the best interest of the 1680
child who is the subject o f the appointment, review all 1681
disposition recommendations and changes in placement, and, 1682
unless excused by the court, file written reports and 1683
recommendations in accordance with general law. 1684
3. Represent the child until the court's jurisdiction over 1685
the child terminates or until excused by the court. 1686
4. Advocate for the child's participation in the 1687
proceedings and to report the child's preferences to the court, 1688
to the extent the child has the ability and desire to express 1689
his or her preferences. 1690
5. Perform other duties that are consistent with the scope 1691
of the appointment. 1692
(b) A guardian ad litem shall have immediate and unlimited 1693
access to the children he or she represents. 1694
(c) A guardian ad litem is not required to post bond but 1695
must file an acceptance of the appointment. 1696
(d) A guardian ad litem is entitled to receive service of 1697
pleadings and papers as provided by the Florida Rules of 1698
Juvenile Procedure. 1699
(3) Any person participating in a civil or criminal 1700
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judicial proceeding resulting from suc h appointment shall be 1701
presumed prima facie to be acting in good faith and in so doing 1702
shall be immune from any liability, civil or criminal, that 1703
otherwise might be incurred or imposed. 1704
(4)(2) In those cases in which the parents are financially 1705
able, the parent or parents of the child shall reimburse the 1706
court, in part or in whole, for the cost of provision of 1707
guardian ad litem representation services. Reimbursement to the 1708
individual providing guardian ad litem representation is not 1709
services shall not be contingent upon successful collection by 1710
the court from the parent or parents. 1711
(5)(3) Upon presentation by a guardian ad litem of a court 1712
order appointing the guardian ad litem: 1713
(a) An agency, as defined in chapter 119, shall allow the 1714
guardian ad litem to inspect and copy records related to the 1715
best interests of the child who is the subject of the 1716
appointment, including, but not limited to, records made 1717
confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1718
the State Constitution. The guardia n ad litem shall maintain the 1719
confidential or exempt status of any records shared by an agency 1720
under this paragraph. 1721
(b) A person or an organization, other than an agency 1722
under paragraph (a), shall allow the guardian ad litem to 1723
inspect and copy any records related to the best interests of 1724
the child who is the subject of the appointment, including, but 1725
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not limited to, confidential records . 1726
1727
For the purposes of this subsection, the term "records related 1728
to the best interests of the child" includes, but is not limited 1729
to, medical, mental health, substance abuse, child care, 1730
education, law enforcement, court, social services, and 1731
financial records. 1732
(4) The guardian ad litem or the program representative 1733
shall review all disposition recommendations and changes in 1734
placements, and must be present at all critical stages of the 1735
dependency proceeding or submit a written report of 1736
recommendations to the court. Written reports must be filed with 1737
the court and served on all parties whose whereabouts are known 1738
at least 72 hours prior to the hearing. 1739
Section 33. Subsection (4) of section 39.827, Florida 1740
Statutes, is amended to read: 1741
39.827 Hearing for appointment of a guardian advocate. — 1742
(4) The hearing under this section must shall remain 1743
confidential and closed to the public. The clerk shall keep all 1744
court records required by this part separate from other records 1745
of the circuit court. All court records required by this part 1746
are shall be confidential and exempt from the provisions of s. 1747
119.07(1). All Records may only shall be inspected only upon 1748
order of the court by persons deemed by the court to have a 1749
proper interest therein, except that a ch ild and the parents or 1750
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custodians of the child and their attorneys , the guardian ad 1751
litem, and the department and its designees , and the attorney ad 1752
litem, if one is appointed, shall always have the right to 1753
inspect and copy any official record pertaining to the child. 1754
The court may permit authorized representatives of recognized 1755
organizations compiling statistics for proper purposes to 1756
inspect and make abstracts from official records, under whatever 1757
conditions upon their use and disposition the court may d eem 1758
proper, and may punish by contempt proceedings any violation of 1759
those conditions. All information obtained pursuant to this part 1760
in the discharge of official duty by any judge, employee of the 1761
court, or authorized agent of the department is shall be 1762
confidential and exempt from the provisions of s. 119.07(1) and 1763
may shall not be disclosed to anyone other than the authorized 1764
personnel of the court or the department and its designees, 1765
except upon order of the court. 1766
Section 34. Paragraphs (a), (b), an d (d) of subsection (1) 1767
and subsection (2) of section 39.8296, Florida Statutes, are 1768
amended to read: 1769
39.8296 Statewide Guardian ad Litem Office; legislative 1770
findings and intent; creation; appointment of executive 1771
director; duties of office. — 1772
(1) LEGISLATIVE FINDINGS AND INTENT. — 1773
(a) The Legislature finds that for the past 20 years, the 1774
Statewide Guardian Ad Litem Office Program has been the only 1775
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mechanism for best interest representation for children in 1776
Florida who are involved in dependency proceedi ngs. 1777
(b) The Legislature also finds that while the Statewide 1778
Guardian Ad Litem Office Program has been supervised by court 1779
administration within the circuit courts since the office's 1780
program's inception, there is a perceived conflict of interest 1781
created by the supervision of program staff by the judges before 1782
whom they appear. 1783
(d) It is therefore the intent of the Legislature to place 1784
the Statewide Guardian Ad Litem Office Program in an appropriate 1785
place and provide a statewide infrastructure to increase 1786
functioning and standardization among the local offices programs 1787
currently operating in the 20 judicial circuits. 1788
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1789
Statewide Guardian ad Litem Office within the Justice 1790
Administrative Commission. The Justice Administrative Commission 1791
shall provide administrative support and service to the office 1792
to the extent requested by the executive director within the 1793
available resources of the com mission. The Statewide Guardian ad 1794
Litem Office is not subject to control, supervision, or 1795
direction by the Justice Administrative Commission in the 1796
performance of its duties, but the employees of the office are 1797
governed by the classification plan and sala ry and benefits plan 1798
approved by the Justice Administrative Commission. 1799
(a) The head of the Statewide Guardian ad Litem Office is 1800
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the executive director, who shall be appointed by the Governor 1801
from a list of a minimum of three eligible applicants submitt ed 1802
by a Guardian ad Litem Qualifications Committee. The Guardian ad 1803
Litem Qualifications Committee shall be composed of five 1804
persons, two persons appointed by the Governor, two persons 1805
appointed by the Chief Justice of the Supreme Court, and one 1806
person appointed by the Statewide Guardian ad Litem Office 1807
Association. The committee shall provide for statewide 1808
advertisement and the receiving of applications for the position 1809
of executive director. The Governor shall appoint an executive 1810
director from among the recommendations, or the Governor may 1811
reject the nominations and request the submission of new 1812
nominees. The executive director must have knowledge in 1813
dependency law and knowledge of social service delivery systems 1814
available to meet the needs of children wh o are abused, 1815
neglected, or abandoned. The executive director shall serve on a 1816
full-time basis and shall personally, or through representatives 1817
of the office, carry out the purposes and functions of the 1818
Statewide Guardian ad Litem Office in accordance with state and 1819
federal law and the state's long -established policy of 1820
prioritizing children's best interests . The executive director 1821
shall report to the Governor. The executive director shall serve 1822
a 3-year term, subject to removal for cause by the Governor. A ny 1823
person appointed to serve as the executive director may be 1824
permitted to serve more than one term without the necessity of 1825
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convening the Guardian ad Litem Qualifications Committee . 1826
(b) The Statewide Guardian ad Litem Office shall, within 1827
available resources, have oversight responsibilities for and 1828
provide technical assistance to all guardian ad litem and 1829
attorney ad litem offices programs located within the judicial 1830
circuits. 1831
1. The office shall identify the resources required to 1832
implement methods of collecting, reporting, and tracking 1833
reliable and consistent case data. 1834
2. The office shall review the current guardian ad litem 1835
offices programs in Florida and other states. 1836
3. The office, in consultation with local guardian ad 1837
litem offices, shall dev elop statewide performance measures and 1838
standards. 1839
4. The office shall develop and maintain a guardian ad 1840
litem training program , which must be updated regularly , which 1841
shall include, but is not limited to, training on the 1842
recognition of and responses to head trauma and brain injury in 1843
a child under 6 years of age. The office shall establish a 1844
curriculum committee to develop the training program specified 1845
in this subparagraph. The curriculum committee shall include, 1846
but not be limited to, dependency judge s, directors of circuit 1847
guardian ad litem programs, active certified guardians ad litem, 1848
a mental health professional who specializes in the treatment of 1849
children, a member of a child advocacy group, a representative 1850
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of a domestic violence advocacy group, an individual with a 1851
degree in social work, and a social worker experienced in 1852
working with victims and perpetrators of child abuse . 1853
5. The office shall review the various methods of funding 1854
guardian ad litem offices programs, maximize the use of those 1855
funding sources to the extent possible, and review the kinds of 1856
services being provided by circuit guardian ad litem offices 1857
programs. 1858
6. The office shall determine the feasibility or 1859
desirability of new concepts of organizati on, administration, 1860
financing, or service delivery designed to preserve the civil 1861
and constitutional rights and fulfill other needs of dependent 1862
children. 1863
7. The office shall ensure that each child has an attorney 1864
assigned to his or her case and, within available resources, is 1865
represented using multidisciplinary teams that may include 1866
volunteers, pro bono attorneys, social workers, and mentors. 1867
8. The office shall provide oversight and technical 1868
assistance to attorneys ad litem, including, but not limit ed to, 1869
all of the following: 1870
a. Develop an attorney ad litem training program in 1871
collaboration with dependency court stakeholders, including, but 1872
not limited to, dependency judges, representatives from legal 1873
aid providing attorney ad litem representation , and an attorney 1874
ad litem appointed from a registry maintained by the chief 1875
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judge. The training program must be updated regularly with or 1876
without convening the stakeholders group. 1877
b. Offer consultation and technical assistance to chief 1878
judges in maintaining attorney registries for the selection of 1879
attorneys ad litem. 1880
c. Assist with recruitment, training, and mentoring of 1881
attorneys ad litem as needed. 1882
9.7. In an effort to promote normalcy and establish trust 1883
between a court-appointed volunteer guardian ad litem and a 1884
child alleged to be abused, abandoned, or neglected under this 1885
chapter, a guardian ad litem may transport a child. However, a 1886
guardian ad litem volunteer may not be required by a guardian ad 1887
litem circuit office or ordered by or directed by the program or 1888
a court to transport a child. 1889
10.8. The office shall submit to the Governor, the 1890
President of the Senate, the Speaker of the House of 1891
Representatives, and the Chief Justice of the Supreme Court an 1892
interim report describing the progress o f the office in meeting 1893
the goals as described in this section. The office shall submit 1894
to the Governor, the President of the Senate, the Speaker of the 1895
House of Representatives, and the Chief Justice of the Supreme 1896
Court a proposed plan including alternat ives for meeting the 1897
state's guardian ad litem and attorney ad litem needs. This plan 1898
may include recommendations for less than the entire state, may 1899
include a phase-in system, and shall include estimates of the 1900
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cost of each of the alternatives. Each year the office shall 1901
provide a status report and provide further recommendations to 1902
address the need for guardian ad litem representation services 1903
and related issues. 1904
Section 35. Section 39.8297, Florida Statutes, is amended 1905
to read: 1906
39.8297 County fundi ng for guardian ad litem employees. — 1907
(1) A county and the executive director of the Statewide 1908
Guardian ad Litem Office may enter into an agreement by which 1909
the county agrees to provide funds to the local guardian ad 1910
litem office in order to employ person s who will assist in the 1911
operation of the guardian ad litem office program in the county. 1912
(2) The agreement, at a minimum, must provide that: 1913
(a) Funding for the persons who are employed will be 1914
provided on at least a fiscal -year basis. 1915
(b) The persons who are employed will be hired, 1916
supervised, managed, and terminated by the executive director of 1917
the Statewide Guardian ad Litem Office. The statewide office is 1918
responsible for compliance with all requirements of federal and 1919
state employment laws, and s hall fully indemnify the county from 1920
any liability under such laws, as authorized by s. 768.28(19), 1921
to the extent such liability is the result of the acts or 1922
omissions of the Statewide Guardian ad Litem Office or its 1923
agents or employees. 1924
(c) The county is the employer for purposes of s. 440.10 1925
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and chapter 443. 1926
(d) Employees funded by the county under this section and 1927
other county employees may be aggregated for purposes of a 1928
flexible benefits plan pursuant to s. 125 of the Internal 1929
Revenue Code of 1986. 1930
(e) Persons employed under this section may be terminated 1931
after a substantial breach of the agreement or because funding 1932
to the guardian ad litem office program has expired. 1933
(3) Persons employed under this section may not be counted 1934
in a formula or similar process used by the Statewide Guardian 1935
ad Litem Office to measure personnel needs of a judicial 1936
circuit's guardian ad litem office program. 1937
(4) Agreements created pursuant to this section do not 1938
obligate the state to allocate funds to a county to e mploy 1939
persons in the guardian ad litem office program. 1940
Section 36. Section 39.8298, Florida Statutes, is amended 1941
to read: 1942
39.8298 Guardian ad Litem direct -support organizations 1943
organization.— 1944
(1) AUTHORITY.—The Statewide Guardian ad Litem Office 1945
created under s. 39.8296 is authorized to create a state direct-1946
support organization and to create or designate local direct -1947
support organizations. The executive director of the Statewide 1948
Guardian ad Litem Office is responsible for designating local 1949
direct-support organizations under this subsection . 1950
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(a) The state direct-support organization and the local 1951
direct-support organizations must be a Florida corporations 1952
corporation not for profit, incorpora ted under the provisions of 1953
chapter 617. The state direct-support organization and the local 1954
direct-support organizations are shall be exempt from paying 1955
fees under s. 617.0122. 1956
(b) The state direct-support organization and each local 1957
direct-support organization must shall be organized and operated 1958
to conduct programs and activities; raise funds; request and 1959
receive grants, gifts, and bequests of moneys; acquire, receive, 1960
hold, invest, and administer, in its own name, securities, 1961
funds, objects of value, or other property, real or personal; 1962
and make expenditures to or for the direct or indirect benefit 1963
of the Statewide Guardian ad Litem Office , including the local 1964
guardian ad litem offices . 1965
(c) If the executive director of the Statewide Guardian ad 1966
Litem Office determines that the state direct-support 1967
organization or a local direct-support organization is operating 1968
in a manner that is inconsistent with the goals and purposes of 1969
the Statewide Guardian ad Litem Office or not acting in the best 1970
interest of the state, the executive director may terminate the 1971
organization's contract and thereafter the organization may not 1972
use the name of the Statewide Guardian ad Litem Office. 1973
(2) CONTRACTS CONTRACT.—The state direct-support 1974
organization and the local direct -support organizations shall 1975
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operate under a written contract with the Statewide Guardian Ad 1976
Litem Office. The written contract must, at a minimum, provide 1977
for: 1978
(a) Approval of the articles of incorporation and bylaws 1979
of the direct-support organization by the executive director of 1980
the Statewide Guardian ad Litem Office. 1981
(b) Submission of an annual budget for the approval by the 1982
executive director of the Statewide Guardian ad Litem Office. 1983
(c) The reversion without penalty to the Statewide 1984
Guardian ad Litem Office, or to the state if the Statewide 1985
Guardian ad Litem Office ceases to exist, of all moneys and 1986
property held in trust by the state direct-support organization 1987
for the Statewide Gua rdian Ad Litem Office if the direct -support 1988
organization ceases to exist or if the contract is terminated. 1989
(d) The fiscal year of the state direct-support 1990
organization and the local direct -support organizations , which 1991
must begin July 1 of each year and e nd June 30 of the following 1992
year. 1993
(e) The disclosure of material provisions of the contract 1994
and the distinction between the Statewide Guardian ad Litem 1995
Office and the state direct-support organization or the local 1996
direct-support organization to donors of gifts, contributions, 1997
or bequests, as well as on all promotional and fundraising 1998
publications. 1999
(3) BOARD OF DIRECTORS. —The executive director of the 2000
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Statewide Guardian ad Litem Office shall appoint a board of 2001
directors for the state direct-support organization. The 2002
executive director may designate employees of the Statewide 2003
Guardian ad Litem Office to serve on the board of directors of 2004
the state direct-support organization or a local direct -support 2005
organization. Members of the board of the state direct-support 2006
organization or a local direct -support organization shall serve 2007
at the pleasure of the executive director. 2008
(4) USE OF PROPERTY AND SERVICES. —The executive director 2009
of the Statewide Guardian ad Litem Office: 2010
(a) May authorize the use of facilitie s and property other 2011
than money that are owned by the Statewide Guardian ad Litem 2012
Office to be used by the state direct-support organization or a 2013
local direct-support organization . 2014
(b) May authorize the use of personal services provided by 2015
employees of the Statewide Guardian ad Litem Office to be used 2016
by the state direct-support organization or a local direct -2017
support organization . For the purposes of this section, the term 2018
"personal services" includes full -time personnel and part -time 2019
personnel as well as payroll processing. 2020
(c) May prescribe the conditions by which the state 2021
direct-support organization or a local direct-support 2022
organization may use property, facilities, or personal services 2023
of the office or the state direct-support organization . 2024
(d) May Shall not authorize the use of property, 2025
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facilities, or personal services by the state of the direct-2026
support organization or a local direct-support organization if 2027
the organization does not provide equal employment opportunities 2028
to all persons, regardle ss of race, color, religion, sex, age, 2029
or national origin. 2030
(5) MONEYS.—Moneys of the state direct-support 2031
organization or a local direct-support organization must may be 2032
held in a separate depository account in the name of the direct -2033
support organization and subject to the provisions of the 2034
contract with the Statewide Guardian ad Litem Office. 2035
(6) ANNUAL AUDIT.—The state direct-support organization 2036
and a local direct-support organization must shall provide for 2037
an annual financial audit in accordance wit h s. 215.981. 2038
(7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—2039
The state direct-support organization and a local direct-support 2040
organization may shall not exercise any power under s. 2041
617.0302(12) or (16). A No state employee may not shall receive 2042
compensation from the state direct-support organization or a 2043
local direct-support organization for service on the board of 2044
directors or for services rendered to the direct -support 2045
organization. 2046
Section 37. Subsection (6) is added to section 414.56, 2047
Florida Statutes, to read: 2048
414.56 Office of Continuing Care. —The department shall 2049
establish an Office of Continuing Care to ensure young adults 2050
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who age out of the foster care system between 18 and 21 years of 2051
age, or 22 years of age with a documented dis ability, have a 2052
point of contact until the young adult reaches the age of 26 in 2053
order to receive ongoing support and care coordination needed to 2054
achieve self-sufficiency. Duties of the office include, but are 2055
not limited to: 2056
(6) Working in coordination w ith the Statewide Guardian ad 2057
Litem Office to identify supportive adults for children 2058
transitioning out of foster care to live independently, in 2059
accordance with s. 39.6036. 2060
Section 38. Section 1009.898, Florida Statutes, is created 2061
to read: 2062
1009.898 Pathway to Prosperity grants. — 2063
(1) The Pathway to Prosperity program shall administer the 2064
following grants to youth and young adults aging out of foster 2065
care: 2066
(a) Grants to provide financial literacy instruction using 2067
a curriculum developed by the Depa rtment of Financial Services. 2068
(b) Grants to provide SAT and ACT preparation, including 2069
one-on-one support and fee waivers for the examinations. 2070
(c) Grants to youth and young adults planning to pursue 2071
trade careers or paid apprenticeships. 2072
(2) If a youth who is aging out of foster care is reunited 2073
with his or her parents, the grants remain available for the 2074
youth for up to 6 months after reunification. 2075
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Section 39. Subsection (1) of section 29.008, Florida 2076
Statutes, is amended to read: 2077
29.008 County funding of court -related functions.— 2078
(1) Counties are required by s. 14, Art. V of the State 2079
Constitution to fund the cost of communications services, 2080
existing radio systems, existing multiagency criminal justice 2081
information systems, and the cost of construction or lease, 2082
maintenance, utilities, and security of facilities for the 2083
circuit and county courts, public defenders' offices, state 2084
attorneys' offices, guardian ad litem offices, and the offices 2085
of the clerks of the circuit and county courts per forming court-2086
related functions. For purposes of this section, the term 2087
"circuit and county courts" includes the offices and staffing of 2088
the guardian ad litem offices programs, and the term "public 2089
defenders' offices" includes the offices of criminal confl ict 2090
and civil regional counsel. The county designated under s. 2091
35.05(1) as the headquarters for each appellate district shall 2092
fund these costs for the appellate division of the public 2093
defender's office in that county. For purposes of implementing 2094
these requirements, the term: 2095
(a) "Facility" means reasonable and necessary buildings 2096
and office space and appurtenant equipment and furnishings, 2097
structures, real estate, easements, and related interests in 2098
real estate, including, but not limited to, those for th e 2099
purpose of housing legal materials for use by the general public 2100
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and personnel, equipment, or functions of the circuit or county 2101
courts, public defenders' offices, state attorneys' offices, and 2102
court-related functions of the office of the clerks of the 2103
circuit and county courts and all storage. The term "facility" 2104
includes all wiring necessary for court reporting services. The 2105
term also includes access to parking for such facilities in 2106
connection with such court -related functions that may be 2107
available free or from a private provider or a local government 2108
for a fee. The office space provided by a county may not be less 2109
than the standards for space allotment adopted by the Department 2110
of Management Services, except this requirement applies only to 2111
facilities that are leased, or on which construction commences, 2112
after June 30, 2003. County funding must include physical 2113
modifications and improvements to all facilities as are required 2114
for compliance with the Americans with Disabilities Act. Upon 2115
mutual agreement of a county and the affected entity in this 2116
paragraph, the office space provided by the county may vary from 2117
the standards for space allotment adopted by the Department of 2118
Management Services. 2119
1. As of July 1, 2005, equipment and furnishings shall be 2120
limited to that appropriate and customary for courtrooms, 2121
hearing rooms, jury facilities, and other public areas in 2122
courthouses and any other facility occupied by the courts, state 2123
attorneys, public defenders, guardians ad litem, and criminal 2124
conflict and civil regional counsel. Court reporting equipment 2125
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in these areas or facilities is not a responsibility of the 2126
county. 2127
2. Equipment and furnishings under this paragraph in 2128
existence and owned by counties on July 1, 2005, except for that 2129
in the possession of t he clerks, for areas other than 2130
courtrooms, hearing rooms, jury facilities, and other public 2131
areas in courthouses and any other facility occupied by the 2132
courts, state attorneys, and public defenders, shall be 2133
transferred to the state at no charge. This pro vision does not 2134
apply to any communications services as defined in paragraph 2135
(f). 2136
(b) "Construction or lease" includes, but is not limited 2137
to, all reasonable and necessary costs of the acquisition or 2138
lease of facilities for all judicial officers, staff, jurors, 2139
volunteers of a tenant agency, and the public for the circuit 2140
and county courts, the public defenders' offices, state 2141
attorneys' offices, and for performing the court -related 2142
functions of the offices of the clerks of the circuit and county 2143
courts. This includes expenses related to financing such 2144
facilities and the existing and future cost and bonded 2145
indebtedness associated with placing the facilities in use. 2146
(c) "Maintenance" includes, but is not limited to, all 2147
reasonable and necessary costs of c ustodial and groundskeeping 2148
services and renovation and reconstruction as needed to 2149
accommodate functions for the circuit and county courts, the 2150
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public defenders' offices, and state attorneys' offices and for 2151
performing the court -related functions of the o ffices of the 2152
clerks of the circuit and county court and for maintaining the 2153
facilities in a condition appropriate and safe for the use 2154
intended. 2155
(d) "Utilities" means all electricity services for light, 2156
heat, and power; natural or manufactured gas servi ces for light, 2157
heat, and power; water and wastewater services and systems, 2158
stormwater or runoff services and systems, sewer services and 2159
systems, all costs or fees associated with these services and 2160
systems, and any costs or fees associated with the mitiga tion of 2161
environmental impacts directly related to the facility. 2162
(e) "Security" includes but is not limited to, all 2163
reasonable and necessary costs of services of law enforcement 2164
officers or licensed security guards and all electronic, 2165
cellular, or digital monitoring and screening devices necessary 2166
to ensure the safety and security of all persons visiting or 2167
working in a facility; to provide for security of the facility, 2168
including protection of property owned by the county or the 2169
state; and for security of prisoners brought to any facility. 2170
This includes bailiffs while providing courtroom and other 2171
security for each judge and other quasi -judicial officers. 2172
(f) "Communications services" are defined as any 2173
reasonable and necessary transmission, emission, and reception 2174
of signs, signals, writings, images, and sounds of intelligence 2175
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of any nature by wire, radio, optical, audio equipment, or other 2176
electromagnetic systems and includes all facilities and 2177
equipment owned, leased, or used by judges, clerks, public 2178
defenders, state attorneys, guardians ad litem, criminal 2179
conflict and civil regional counsel, and all staff of the state 2180
courts system, state attorneys' offices, public defenders' 2181
offices, and clerks of the circuit and county courts performing 2182
court-related functions. Such system or services shall include, 2183
but not be limited to: 2184
1. Telephone system infrastructure, including computer 2185
lines, telephone switching equipment, and maintenance, and 2186
facsimile equipment, wireless communications, cellular 2187
telephones, pagers, and video teleconferencing equipment and 2188
line charges. Each county shall continue to provide access to a 2189
local carrier for local and long distance service and shall pay 2190
toll charges for local and long distance service. 2191
2. All computer networks, systems and equipment, including 2192
computer hardware and software, modems, printers, wiring, 2193
network connections, maintenance, support staff or services 2194
including any county -funded support staff located in the offices 2195
of the circuit court, county courts, sta te attorneys, public 2196
defenders, guardians ad litem, and criminal conflict and civil 2197
regional counsel; training, supplies, and line charges necessary 2198
for an integrated computer system to support the operations and 2199
management of the state courts system, the offices of the public 2200
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defenders, the offices of the state attorneys, the guardian ad 2201
litem offices, the offices of criminal conflict and civil 2202
regional counsel, and the offices of the clerks of the circuit 2203
and county courts; and the capability to connect t hose entities 2204
and reporting data to the state as required for the transmission 2205
of revenue, performance accountability, case management, data 2206
collection, budgeting, and auditing purposes. The integrated 2207
computer system shall be operational by July 1, 2006, and, at a 2208
minimum, permit the exchange of financial, performance 2209
accountability, case management, case disposition, and other 2210
data across multiple state and county information systems 2211
involving multiple users at both the state level and within each 2212
judicial circuit and be able to electronically exchange judicial 2213
case background data, sentencing scoresheets, and video evidence 2214
information stored in integrated case management systems over 2215
secure networks. Once the integrated system becomes operational, 2216
counties may reject requests to purchase communications services 2217
included in this subparagraph not in compliance with standards, 2218
protocols, or processes adopted by the board established 2219
pursuant to former s. 29.0086. 2220
3. Courier messenger and subpoena services. 2221
4. Auxiliary aids and services for qualified individuals 2222
with a disability which are necessary to ensure access to the 2223
courts. Such auxiliary aids and services include, but are not 2224
limited to, sign language interpretation services required under 2225
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the federal Americans with Disabilities Act other than services 2226
required to satisfy due -process requirements and identified as a 2227
state funding responsibility pursuant to ss. 29.004 -29.007, 2228
real-time transcription services for individuals who are hearing 2229
impaired, and assistive listening devices and the equipment 2230
necessary to implement such accommodations. 2231
(g) "Existing radio systems" includes, but is not limited 2232
to, law enforcement radio systems that are used by the circuit 2233
and county courts, the offices of the public defenders, the 2234
offices of the state attorneys, and for court -related functions 2235
of the offices of the clerks of the circuit and county courts. 2236
This includes radio systems that were operational or under 2237
contract at the time Revision No. 7, 1998, to Ar t. V of the 2238
State Constitution was adopted and any enhancements made 2239
thereafter, the maintenance of those systems, and the personnel 2240
and supplies necessary for operation. 2241
(h) "Existing multiagency criminal justice information 2242
systems" includes, but is no t limited to, those components of 2243
the multiagency criminal justice information system as defined 2244
in s. 943.045, supporting the offices of the circuit or county 2245
courts, the public defenders' offices, the state attorneys' 2246
offices, or those portions of the of fices of the clerks of the 2247
circuit and county courts performing court -related functions 2248
that are used to carry out the court -related activities of those 2249
entities. This includes upgrades and maintenance of the current 2250
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equipment, maintenance and upgrades of supporting technology 2251
infrastructure and associated staff, and services and expenses 2252
to assure continued information sharing and reporting of 2253
information to the state. The counties shall also provide 2254
additional information technology services, hardware, an d 2255
software as needed for new judges and staff of the state courts 2256
system, state attorneys' offices, public defenders' offices, 2257
guardian ad litem offices, and the offices of the clerks of the 2258
circuit and county courts performing court -related functions. 2259
Section 40. Paragraph (a) of subsection (1) of section 2260
39.6011, Florida Statutes, is amended to read: 2261
39.6011 Case plan development. — 2262
(1) The department shall prepare a draft of the case plan 2263
for each child receiving services under this chapter. A par ent 2264
of a child may not be threatened or coerced with the loss of 2265
custody or parental rights for failing to admit in the case plan 2266
of abusing, neglecting, or abandoning a child. Participating in 2267
the development of a case plan is not an admission to any 2268
allegation of abuse, abandonment, or neglect, and it is not a 2269
consent to a finding of dependency or termination of parental 2270
rights. The case plan shall be developed subject to the 2271
following requirements: 2272
(a) The case plan must be developed in a face -to-face 2273
conference with the parent of the child, the any court-appointed 2274
guardian ad litem, and, if appropriate, the child and the 2275
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temporary custodian of the child. 2276
Section 41. Subsection (8) of section 40.24, Florida 2277
Statutes, is amended to read: 2278
40.24 Compensation and reimbursement policy. — 2279
(8) In circuits that elect to allow jurors to donate their 2280
jury service fee upon conclusion of juror service, each juror 2281
may irrevocably donate all of the juror's compensation to the 26 2282
U.S.C. s. 501(c)(3) organization specified by the Statewide 2283
Guardian ad Litem Office program or to a domestic violence 2284
shelter as specified annually on a rotating basis by the clerk 2285
of court in the circuit for the juror's county of residence. The 2286
funds collected may not reduce or offset the amount of 2287
compensation that the Statewide Guardian ad Litem Office program 2288
or domestic violence shelter would otherwise receive from the 2289
state. The clerk of court shall ensure that all jurors are given 2290
written notice at the conclusion of their service that they have 2291
the option to so donate their compensation, and that the 2292
applicable program specified by the Statewide Guardian ad Litem 2293
Office program or a domestic violence shelter receives all funds 2294
donated by the jurors. Any circuit guardian ad litem office 2295
program receiving donations of juror compensation must expend 2296
such moneys on services for children for whom guardians ad litem 2297
have been appointed. 2298
Section 42. Subsections (5), (6), and (7) of section 2299
43.16, Florida Statutes, are amended to read: 2300
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43.16 Justice Administrative Commission; membership, 2301
powers and duties.— 2302
(5) The duties of the commission shall include, but not be 2303
limited to, the following: 2304
(a) The maintenance of a central state office for 2305
administrative services and assistance when possible to and on 2306
behalf of the state attorneys and public defenders of Florida, 2307
the capital collateral regional counsel of Florida, the criminal 2308
conflict and civil regional counsel, and the Statewide Guardian 2309
Ad Litem Office Program. 2310
(b) Each state attorney, public defender, and criminal 2311
conflict and civil regional counsel and the Statewide Guardian 2312
Ad Litem Office Program shall continue to prepare necessary 2313
budgets, vouchers that represent valid claims for reimbursement 2314
by the state for authorized expenses, and other things 2315
incidental to the proper administrative operation of the office, 2316
such as revenue transmittals to the Chief Financial Officer and 2317
automated systems plans, but will forward such items to the 2318
commission for recording and submission to the proper state 2319
officer. However, when requested by a state attorney, a public 2320
defender, a criminal conflict and civil regional counsel, or the 2321
Statewide Guardian Ad Litem Office Program, the commission will 2322
either assist in the preparation of budget requests, voucher 2323
schedules, and other forms and reports or accomplish the entire 2324
project involved. 2325
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(6) The commission, each state attorney, each public 2326
defender, the criminal conflict and civil regional counsel, the 2327
capital collateral regional counsel, and the Statewide Guardian 2328
Ad Litem Office Program shall establish and maintain internal 2329
controls designed to: 2330
(a) Prevent and detect fraud, waste, and abuse as def ined 2331
in s. 11.45(1). 2332
(b) Promote and encourage compliance with applicable laws, 2333
rules, contracts, grant agreements, and best practices. 2334
(c) Support economical and efficient operations. 2335
(d) Ensure reliability of financial records and reports. 2336
(e) Safeguard assets. 2337
(7) The provisions contained in This section is shall be 2338
supplemental to those of chapter 27, relating to state 2339
attorneys, public defenders, criminal conflict and civil 2340
regional counsel, and capital collateral regional counsel; to 2341
those of chapter 39, relating to the Statewide Guardian Ad Litem 2342
Office Program; or to other laws pertaining hereto. 2343
Section 43. Paragraph (a) of subsection (1) and subsection 2344
(4) of section 61.402, Florida Statutes, are amended to read: 2345
61.402 Qualifications of guardians ad litem. — 2346
(1) A person appointed as a guardian ad litem pursuant to 2347
s. 61.401 must be: 2348
(a) Certified by the Statewide Guardian Ad Litem Office 2349
Program pursuant to s. 39.821; 2350
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(4) Nothing in this section requires the Statewide 2351
Guardian Ad Litem Office Program or a not-for-profit legal aid 2352
organization to train or certify guardians ad litem appointed 2353
under this chapter. 2354
Section 44. Paragraph (x) of subsection (2) of section 2355
110.205, Florida Statutes, is amended to read: 2356
110.205 Career service; exemptions. — 2357
(2) EXEMPT POSITIONS. —The exempt positions that are not 2358
covered by this part include the following: 2359
(x) All officers and employees of the Justice 2360
Administrative Commission, Office of the State Attorney, Office 2361
of the Public Defender, regional offices of capital collateral 2362
counsel, offices of criminal conflict and civil regional 2363
counsel, and Statewide Guardian Ad Litem Office, including the 2364
circuit guardian ad litem offices programs. 2365
Section 45. Paragraph (b) of subsection (96) of section 2366
320.08058, Florida Statutes, is amended to read: 2367
320.08058 Specialty license plates. — 2368
(96) GUARDIAN AD LITEM LICENSE PLATES. — 2369
(b) The annual use fees from the sale of the plate shall 2370
be distributed to the Florida Guardian A d Litem Foundation, 2371
Inc., a direct-support organization and a nonprofit corporation 2372
under s. 501(c)(3) of the Internal Revenue Code. Up to 10 2373
percent of the proceeds may be used for administrative costs and 2374
the marketing of the plate. The remainder of the proceeds must 2375
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be used in this state to support the mission and efforts of the 2376
Statewide Guardian Ad Litem Office Program to represent abused, 2377
abandoned, and neglected children and advocate for their best 2378
interests; recruit and retain volunteer child advoca tes; and 2379
meet the unique needs of the dependent children the program 2380
serves. 2381
Section 46. Paragraph (e) of subsection (3) of section 2382
943.053, Florida Statutes, is amended to read: 2383
943.053 Dissemination of criminal justice information; 2384
fees.— 2385
(3) 2386
(e) The fee per record for criminal history information 2387
provided pursuant to this subsection and s. 943.0542 is $24 per 2388
name submitted, except that the fee for the Statewide Guardian 2389
Ad Litem Office program and vendors of the Department of 2390
Children and Families, the Department of Juvenile Justice, the 2391
Agency for Persons with Disabilities, and the Department of 2392
Elderly Affairs is $8 for each name submitted; the fee for a 2393
state criminal history provided for application processing as 2394
required by law to be perfor med by the Department of Agriculture 2395
and Consumer Services is $15 for each name submitted; and the 2396
fee for requests under s. 943.0542, which implements the 2397
National Child Protection Act, is $18 for each volunteer name 2398
submitted. An office of the public def ender or an office of 2399
criminal conflict and civil regional counsel may not be assessed 2400
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a fee for Florida criminal history information or wanted person 2401
information. 2402
Section 47. Subsection (2) of section 985.43, Florida 2403
Statutes, is amended to read: 2404
985.43 Predisposition reports; other evaluations. — 2405
(2) The court shall consider the child's entire assessment 2406
and predisposition report and shall review the records of 2407
earlier judicial proceedings before making a final disposition 2408
of the case. If the child is under the jurisdiction of a 2409
dependency court, the court may receive and consider any 2410
information provided by the Statewide Guardian Ad Litem Office 2411
Program and the child's attorney ad litem, if one is appointed. 2412
The court may, by order, require additio nal evaluations and 2413
studies to be performed by the department; the county school 2414
system; or any social, psychological, or psychiatric agency of 2415
the state. The court shall order the educational needs 2416
assessment completed under s. 985.18(2) to be included in the 2417
assessment and predisposition report. 2418
Section 48. Subsection (4) of section 985.441, Florida 2419
Statutes, is amended to read: 2420
985.441 Commitment. — 2421
(4) The department may transfer a child, when necessary to 2422
appropriately administer the child's commitment, from one 2423
facility or program to another facility or program operated, 2424
contracted, subcontracted, or designated by the department, 2425
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including a postcommitment nonresidential conditional release 2426
program, except that the department may not transfer any child 2427
adjudicated solely for a misdemeanor to a residential program 2428
except as provided in subsection (2). The department shall 2429
notify the court that commi tted the child to the department and 2430
any attorney of record for the child, in writing, of its intent 2431
to transfer the child from a commitment facility or program to 2432
another facility or program of a higher or lower restrictiveness 2433
level. If the child is unde r the jurisdiction of a dependency 2434
court, the department shall also provide notice to the 2435
dependency court, and the Department of Children and Families, 2436
and, if appointed, the Statewide Guardian Ad Litem Office, 2437
Program and the child's attorney ad litem , if one is appointed. 2438
The court that committed the child may agree to the transfer or 2439
may set a hearing to review the transfer. If the court does not 2440
respond within 10 days after receipt of the notice, the transfer 2441
of the child shall be deemed granted. 2442
Section 49. Subsection (3) of section 985.455, Florida 2443
Statutes, is amended to read: 2444
985.455 Other dispositional issues. — 2445
(3) Any commitment of a delinquent child to the department 2446
must be for an indeterminate period of time, which may include 2447
periods of temporary release; however, the period of time may 2448
not exceed the maximum term of imprisonment that an adult may 2449
serve for the same offense, except that the duration of a 2450
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minimum-risk nonresidential commitment for an offense that is a 2451
misdemeanor of the second degree, or is equivalent to a 2452
misdemeanor of the second degree, may be for a period not to 2453
exceed 6 months. The duration of the child's placement in a 2454
commitment program of any restrictiveness level shall be based 2455
on objective performance -based treatment planning. The child's 2456
treatment plan progress and adjustment -related issues shall be 2457
reported to the court quarterly, unless the court requests 2458
monthly reports. If the child is under the jurisdiction of a 2459
dependency court, the court may receive and c onsider any 2460
information provided by the Statewide Guardian Ad Litem Office 2461
Program or the child's attorney ad litem, if one is appointed. 2462
The child's length of stay in a commitment program may be 2463
extended if the child fails to comply with or participate in 2464
treatment activities. The child's length of stay in the program 2465
shall not be extended for purposes of sanction or punishment. 2466
Any temporary release from such program must be approved by the 2467
court. Any child so committed may be discharged from 2468
institutional confinement or a program upon the direction of the 2469
department with the concurrence of the court. The child's 2470
treatment plan progress and adjustment -related issues must be 2471
communicated to the court at the time the department requests 2472
the court to consider releasing the child from the commitment 2473
program. The department shall give the court that committed the 2474
child to the department reasonable notice, in writing, of its 2475
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desire to discharge the child from a commitment facility. The 2476
court that committed the ch ild may thereafter accept or reject 2477
the request. If the court does not respond within 10 days after 2478
receipt of the notice, the request of the department shall be 2479
deemed granted. This section does not limit the department's 2480
authority to revoke a child's tem porary release status and 2481
return the child to a commitment facility for any violation of 2482
the terms and conditions of the temporary release. 2483
Section 50. Paragraph (b) of subsection (4) of section 2484
985.461, Florida Statutes, is amended to read: 2485
985.461 Transition to adulthood. — 2486
(4) As part of the child's treatment plan, the department 2487
may provide transition -to-adulthood services to children 2488
released from residential commitment. To support participation 2489
in transition-to-adulthood services and subject to 2490
appropriation, the department may: 2491
(b) Use community reentry teams to assist in the 2492
development of a list of age -appropriate activities and 2493
responsibilities to be incorporated in the child's written case 2494
plan for any youth who is under the custody or su pervision of 2495
the department. Community reentry teams may include 2496
representatives from school districts, law enforcement, 2497
workforce development services, community -based service 2498
providers, the Statewide Guardian Ad Litem Office Program, and 2499
the youth's family. Such community reentry teams must be created 2500
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within existing resources provided to the department. Activities 2501
may include, but are not limited to, life skills training, 2502
including training to develop banking and budgeting skills, 2503
interviewing and career planning skills, parenting skills, 2504
personal health management, and time management or 2505
organizational skills; educational support; employment training; 2506
and counseling. 2507
Section 51. Paragraph (h) of subsection (11) of section 2508
985.48, Florida Statutes, is amended to read: 2509
985.48 Juvenile sexual offender commitment programs; 2510
sexual abuse intervention networks. — 2511
(11) Membership of a sexual abuse intervention network 2512
shall include, but is not limited to, representatives from: 2513
(h) The Statewide Guardian Ad Litem Office program; 2514
Section 52. Subsection (1) of section 39.302, Florida 2515
Statutes, is amended to read: 2516
39.302 Protective investigations of institutional child 2517
abuse, abandonment, or neglect. — 2518
(1) The department shall conduct a child protective 2519
investigation of each report of institutional child abuse, 2520
abandonment, or neglect. Upon receipt of a report that alleges 2521
that an employee or agent of the department, or any other entity 2522
or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 2523
acting in an official capacity, has committed an act of child 2524
abuse, abandonment, or neglect, the department shall initiate a 2525
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child protective investigation within the timeframe established 2526
under s. 39.101(2) and notify the appropriate state attorney, 2527
law enforcement agency, and licensing agency, which shall 2528
immediately conduct a joint investigation, unless independent 2529
investigations are more feasible. When conducting investigations 2530
or having face-to-face interviews with the child, investigation 2531
visits shall be unannounced unless it is determined by the 2532
department or its agent that unannounced visits threaten the 2533
safety of the child. If a facility is exempt from licensing, the 2534
department shall inform the owner or operator of the facility of 2535
the report. Each agency conducting a joint investigation is 2536
entitled to full access to the information gathered by the 2537
department in the course of the investigation. A protective 2538
investigation must include an interview with t he child's parent 2539
or legal guardian. The department shall make a full written 2540
report to the state attorney within 3 business days after making 2541
the oral report. A criminal investigation shall be coordinated, 2542
whenever possible, with the child protective inve stigation of 2543
the department. Any interested person who has information 2544
regarding the offenses described in this subsection may forward 2545
a statement to the state attorney as to whether prosecution is 2546
warranted and appropriate. Within 15 days after the comple tion 2547
of the investigation, the state attorney shall report the 2548
findings to the department and shall include in the report a 2549
determination of whether or not prosecution is justified and 2550
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appropriate in view of the circumstances of the specific case. 2551
Section 53. Paragraph (c) of subsection (1) of section 2552
39.521, Florida Statutes, is amended to read: 2553
39.521 Disposition hearings; powers of disposition. — 2554
(1) A disposition hearing shall be conducted by the court, 2555
if the court finds that the facts alleged i n the petition for 2556
dependency were proven in the adjudicatory hearing, or if the 2557
parents or legal custodians have consented to the finding of 2558
dependency or admitted the allegations in the petition, have 2559
failed to appear for the arraignment hearing after pr oper 2560
notice, or have not been located despite a diligent search 2561
having been conducted. 2562
(c) When any child is adjudicated by a court to be 2563
dependent, the court having jurisdiction of the child has the 2564
power by order to: 2565
1. Require the parent and, when a ppropriate, the legal 2566
guardian or the child to participate in treatment and services 2567
identified as necessary. The court may require the person who 2568
has custody or who is requesting custody of the child to submit 2569
to a mental health or substance abuse disorde r assessment or 2570
evaluation. The order may be made only upon good cause shown and 2571
pursuant to notice and procedural requirements provided under 2572
the Florida Rules of Juvenile Procedure. The mental health 2573
assessment or evaluation must be administered by a qua lified 2574
professional as defined in s. 39.01, and the substance abuse 2575
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assessment or evaluation must be administered by a qualified 2576
professional as defined in s. 397.311. The court may also 2577
require such person to participate in and comply with treatment 2578
and services identified as necessary, including, when 2579
appropriate and available, participation in and compliance with 2580
a mental health court program established under chapter 394 or a 2581
treatment-based drug court program established under s. 397.334. 2582
Adjudication of a child as dependent based upon evidence of harm 2583
as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 2584
cause, and the court shall require the parent whose actions 2585
caused the harm to submit to a substance abuse disorder 2586
assessment or evaluation and to participate and comply with 2587
treatment and services identified in the assessment or 2588
evaluation as being necessary. In addition to supervision by the 2589
department, the court, including the mental health court program 2590
or the treatment-based drug court program, may oversee the 2591
progress and compliance with treatment by a person who has 2592
custody or is requesting custody of the child. The court may 2593
impose appropriate available sanctions for noncompliance upon a 2594
person who has custody or is requesting custody of the child or 2595
make a finding of noncompliance for consideration in determining 2596
whether an alternative placement of the child is in the child's 2597
best interests. Any order entered under this subparagraph may be 2598
made only upon good cause shown. This subparag raph does not 2599
authorize placement of a child with a person seeking custody of 2600
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the child, other than the child's parent or legal custodian, who 2601
requires mental health or substance abuse disorder treatment. 2602
2. Require, if the court deems necessary, the par ties to 2603
participate in dependency mediation. 2604
3. Require placement of the child either under the 2605
protective supervision of an authorized agent of the department 2606
in the home of one or both of the child's parents or in the home 2607
of a relative of the child or another adult approved by the 2608
court, or in the custody of the department. Protective 2609
supervision continues until the court terminates it or until the 2610
child reaches the age of 18, whichever date is first. Protective 2611
supervision shall be terminated by the c ourt whenever the court 2612
determines that permanency has been achieved for the child, 2613
whether with a parent, another relative, or a legal custodian, 2614
and that protective supervision is no longer needed. The 2615
termination of supervision may be with or without re taining 2616
jurisdiction, at the court's discretion, and shall in either 2617
case be considered a permanency option for the child. The order 2618
terminating supervision by the department must set forth the 2619
powers of the custodian of the child and include the powers 2620
ordinarily granted to a guardian of the person of a minor unless 2621
otherwise specified. Upon the court's termination of supervision 2622
by the department, further judicial reviews are not required if 2623
permanency has been established for the child. 2624
4. Determine whether the child has a strong attachment to 2625
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the prospective permanent guardian and whether such guardian has 2626
a strong commitment to permanently caring for the child. 2627
Section 54. Paragraph (c) of subsection (2) of section 2628
61.13, Florida Statutes, is amen ded to read: 2629
61.13 Support of children; parenting and time -sharing; 2630
powers of court.— 2631
(2) 2632
(c) The court shall determine all matters relating to 2633
parenting and time-sharing of each minor child of the parties in 2634
accordance with the best interests of the child and in 2635
accordance with the Uniform Child Custody Jurisdiction and 2636
Enforcement Act, except that modification of a parenting plan 2637
and time-sharing schedule requires a showing of a substantial 2638
and material change of circumstances. 2639
1. It is the public policy of this state that each minor 2640
child has frequent and continuing contact with both parents 2641
after the parents separate or the marriage of the parties is 2642
dissolved and to encourage parents to share the rights and 2643
responsibilities, and joys, of childrearing. Unless otherwise 2644
provided in this section or agreed to by the parties, there is a 2645
rebuttable presumption that equal time -sharing of a minor child 2646
is in the best interests of the minor child. To rebut this 2647
presumption, a party mus t prove by a preponderance of the 2648
evidence that equal time -sharing is not in the best interests of 2649
the minor child. Except when a time -sharing schedule is agreed 2650
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to by the parties and approved by the court, the court must 2651
evaluate all of the factors set fo rth in subsection (3) and make 2652
specific written findings of fact when creating or modifying a 2653
time-sharing schedule. 2654
2. The court shall order that the parental responsibility 2655
for a minor child be shared by both parents unless the court 2656
finds that shared parental responsibility would be detrimental 2657
to the child. In determining detriment to the child, the court 2658
shall consider: 2659
a. Evidence of domestic violence, as defined in s. 741.28; 2660
b. Whether either parent has or has had reasonable cause 2661
to believe that he or she or his or her minor child or children 2662
are or have been in imminent danger of becoming victims of an 2663
act of domestic violence as defined in s. 741.28 or sexual 2664
violence as defined in s. 784.046(1)(c) by the other parent 2665
against the parent or a gainst the child or children whom the 2666
parents share in common regardless of whether a cause of action 2667
has been brought or is currently pending in the court; 2668
c. Whether either parent has or has had reasonable cause 2669
to believe that his or her minor child o r children are or have 2670
been in imminent danger of becoming victims of an act of abuse 2671
as defined in s. 39.01(2) , abandonment as defined in s. 2672
39.01(1), or neglect, as those terms are defined in s. 39.01, s. 2673
39.01(50) by the other parent against the child o r children whom 2674
the parents share in common regardless of whether a cause of 2675
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action has been brought or is currently pending in the court; 2676
and 2677
d. Any other relevant factors. 2678
3. The following evidence creates a rebuttable presumption 2679
that shared parental responsibility is detrimental to the child: 2680
a. A parent has been convicted of a misdemeanor of the 2681
first degree or higher involving domestic violence, as defined 2682
in s. 741.28 and chapter 775; 2683
b. A parent meets the criteria of s. 39.806(1)(d); or 2684
c. A parent has been convicted of or had adjudication 2685
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2686
at the time of the offense: 2687
(I) The parent was 18 years of age or older. 2688
(II) The victim was under 18 years of age or the parent 2689
believed the victim to be under 18 years of age. 2690
2691
If the presumption is not rebutted after the convicted parent is 2692
advised by the court that the presumption exists, shared 2693
parental responsibility, including time -sharing with the child, 2694
and decisions made regardi ng the child, may not be granted to 2695
the convicted parent. However, the convicted parent is not 2696
relieved of any obligation to provide financial support. If the 2697
court determines that shared parental responsibility would be 2698
detrimental to the child, it may or der sole parental 2699
responsibility and make such arrangements for time -sharing as 2700
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specified in the parenting plan as will best protect the child 2701
or abused spouse from further harm. Whether or not there is a 2702
conviction of any offense of domestic violence or c hild abuse or 2703
the existence of an injunction for protection against domestic 2704
violence, the court shall consider evidence of domestic violence 2705
or child abuse as evidence of detriment to the child. 2706
4. In ordering shared parental responsibility, the court 2707
may consider the expressed desires of the parents and may grant 2708
to one party the ultimate responsibility over specific aspects 2709
of the child's welfare or may divide those responsibilities 2710
between the parties based on the best interests of the child. 2711
Areas of responsibility may include education, health care, and 2712
any other responsibilities that the court finds unique to a 2713
particular family. 2714
5. The court shall order sole parental responsibility for 2715
a minor child to one parent, with or without time -sharing with 2716
the other parent if it is in the best interests of the minor 2717
child. 2718
6. There is a rebuttable presumption against granting 2719
time-sharing with a minor child if a parent has been convicted 2720
of or had adjudication withheld for an offense enumerated in s. 2721
943.0435(1)(h)1.a., and at the time of the offense: 2722
a. The parent was 18 years of age or older. 2723
b. The victim was under 18 years of age or the parent 2724
believed the victim to be under 18 years of age. 2725
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2726
A parent may rebut the presumption upon a specific find ing in 2727
writing by the court that the parent poses no significant risk 2728
of harm to the child and that time -sharing is in the best 2729
interests of the minor child. If the presumption is rebutted, 2730
the court must consider all time -sharing factors in subsection 2731
(3) when developing a time -sharing schedule. 2732
7. Access to records and information pertaining to a minor 2733
child, including, but not limited to, medical, dental, and 2734
school records, may not be denied to either parent. Full rights 2735
under this subparagraph apply to either parent unless a court 2736
order specifically revokes these rights, including any 2737
restrictions on these rights as provided in a domestic violence 2738
injunction. A parent having rights under this subparagraph has 2739
the same rights upon request as to form, s ubstance, and manner 2740
of access as are available to the other parent of a child, 2741
including, without limitation, the right to in -person 2742
communication with medical, dental, and education providers. 2743
Section 55. Paragraph (d) of subsection (4) of section 2744
119.071, Florida Statutes, is amended to read: 2745
119.071 General exemptions from inspection or copying of 2746
public records.— 2747
(4) AGENCY PERSONNEL INFORMATION. — 2748
(d)1. For purposes of this paragraph, the term: 2749
a. "Home addresses" means the dwelling locatio n at which 2750
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an individual resides and includes the physical address, mailing 2751
address, street address, parcel identification number, plot 2752
identification number, legal property description, neighborhood 2753
name and lot number, GPS coordinates, and any other desc riptive 2754
property information that may reveal the home address. 2755
b. "Judicial assistant" means a court employee assigned to 2756
the following class codes: 8140, 8150, 8310, and 8320. 2757
c. "Telephone numbers" includes home telephone numbers, 2758
personal cellular telephone numbers, personal pager telephone 2759
numbers, and telephone numbers associated with personal 2760
communications devices. 2761
2.a. The home addresses, telephone numbers, dates of 2762
birth, and photographs of active or former sworn law enforcement 2763
personnel or of active or former civilian personnel employed by 2764
a law enforcement agency, including correctional and 2765
correctional probati on officers, personnel of the Department of 2766
Children and Families whose duties include the investigation of 2767
abuse, neglect, exploitation, fraud, theft, or other criminal 2768
activities, personnel of the Department of Health whose duties 2769
are to support the inve stigation of child abuse or neglect, and 2770
personnel of the Department of Revenue or local governments 2771
whose responsibilities include revenue collection and 2772
enforcement or child support enforcement; the names, home 2773
addresses, telephone numbers, photographs, dates of birth, and 2774
places of employment of the spouses and children of such 2775
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personnel; and the names and locations of schools and day care 2776
facilities attended by the children of such personnel are exempt 2777
from s. 119.07(1) and s. 24(a), Art. I of the State 2778
Constitution. 2779
b. The home addresses, telephone numbers, dates of birth, 2780
and photographs of current or former nonsworn investigative 2781
personnel of the Department of Financial Services whose duties 2782
include the investigation of fraud, theft, workers' compen sation 2783
coverage requirements and compliance, other related criminal 2784
activities, or state regulatory requirement violations; the 2785
names, home addresses, telephone numbers, dates of birth, and 2786
places of employment of the spouses and children of such 2787
personnel; and the names and locations of schools and day care 2788
facilities attended by the children of such personnel are exempt 2789
from s. 119.07(1) and s. 24(a), Art. I of the State 2790
Constitution. 2791
c. The home addresses, telephone numbers, dates of birth, 2792
and photographs of current or former nonsworn investigative 2793
personnel of the Office of Financial Regulation's Bureau of 2794
Financial Investigations whose duties include the investigation 2795
of fraud, theft, other related criminal activities, or state 2796
regulatory requirement violations; the names, home addresses, 2797
telephone numbers, dates of birth, and places of employment of 2798
the spouses and children of such personnel; and the names and 2799
locations of schools and day care facilities attended by the 2800
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children of such personnel are exempt from s. 119.07(1) and s. 2801
24(a), Art. I of the State Constitution. 2802
d. The home addresses, telephone numbers, dates of birth, 2803
and photographs of current or former firefighters certified in 2804
compliance with s. 633.408; the names, home addresses, tele phone 2805
numbers, photographs, dates of birth, and places of employment 2806
of the spouses and children of such firefighters; and the names 2807
and locations of schools and day care facilities attended by the 2808
children of such firefighters are exempt from s. 119.07(1) and 2809
s. 24(a), Art. I of the State Constitution. 2810
e. The home addresses, dates of birth, and telephone 2811
numbers of current or former justices of the Supreme Court, 2812
district court of appeal judges, circuit court judges, and 2813
county court judges, and of current judicial assistants; the 2814
names, home addresses, telephone numbers, dates of birth, and 2815
places of employment of the spouses and children of current or 2816
former justices and judges and of current judicial assistants; 2817
and the names and locations of schools a nd day care facilities 2818
attended by the children of current or former justices and 2819
judges and of current judicial assistants are exempt from s. 2820
119.07(1) and s. 24(a), Art. I of the State Constitution. This 2821
sub-subparagraph is subject to the Open Government Sunset Review 2822
Act in accordance with s. 119.15 and shall stand repealed on 2823
October 2, 2028, unless reviewed and saved from repeal through 2824
reenactment by the Legislature. 2825
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f. The home addresses, telephone numbers, dates of birth, 2826
and photographs of curren t or former state attorneys, assistant 2827
state attorneys, statewide prosecutors, or assistant statewide 2828
prosecutors; the names, home addresses, telephone numbers, 2829
photographs, dates of birth, and places of employment of the 2830
spouses and children of current or former state attorneys, 2831
assistant state attorneys, statewide prosecutors, or assistant 2832
statewide prosecutors; and the names and locations of schools 2833
and day care facilities attended by the children of current or 2834
former state attorneys, assistant state att orneys, statewide 2835
prosecutors, or assistant statewide prosecutors are exempt from 2836
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2837
g. The home addresses, dates of birth, and telephone 2838
numbers of general magistrates, special magistrates, judge s of 2839
compensation claims, administrative law judges of the Division 2840
of Administrative Hearings, and child support enforcement 2841
hearing officers; the names, home addresses, telephone numbers, 2842
dates of birth, and places of employment of the spouses and 2843
children of general magistrates, special magistrates, judges of 2844
compensation claims, administrative law judges of the Division 2845
of Administrative Hearings, and child support enforcement 2846
hearing officers; and the names and locations of schools and day 2847
care facilities attended by the children of general magistrates, 2848
special magistrates, judges of compensation claims, 2849
administrative law judges of the Division of Administrative 2850
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Hearings, and child support enforcement hearing officers are 2851
exempt from s. 119.07(1) and s . 24(a), Art. I of the State 2852
Constitution. 2853
h. The home addresses, telephone numbers, dates of birth, 2854
and photographs of current or former human resource, labor 2855
relations, or employee relations directors, assistant directors, 2856
managers, or assistant manage rs of any local government agency 2857
or water management district whose duties include hiring and 2858
firing employees, labor contract negotiation, administration, or 2859
other personnel-related duties; the names, home addresses, 2860
telephone numbers, dates of birth, an d places of employment of 2861
the spouses and children of such personnel; and the names and 2862
locations of schools and day care facilities attended by the 2863
children of such personnel are exempt from s. 119.07(1) and s. 2864
24(a), Art. I of the State Constitution. 2865
i. The home addresses, telephone numbers, dates of birth, 2866
and photographs of current or former code enforcement officers; 2867
the names, home addresses, telephone numbers, dates of birth, 2868
and places of employment of the spouses and children of such 2869
personnel; and the names and locations of schools and day care 2870
facilities attended by the children of such personnel are exempt 2871
from s. 119.07(1) and s. 24(a), Art. I of the State 2872
Constitution. 2873
j. The home addresses, telephone numbers, places of 2874
employment, dates of birth, and photographs of current or former 2875
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guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2876
home addresses, telephone numbers, dates of birth, and places of 2877
employment of the spouses and children of such persons; and the 2878
names and locations of schools and day care facilities attended 2879
by the children of such persons are exempt from s. 119.07(1) and 2880
s. 24(a), Art. I of the State Constitution. 2881
k. The home addresses, telephone numbers, dates of birth, 2882
and photographs of current or former juv enile probation 2883
officers, juvenile probation supervisors, detention 2884
superintendents, assistant detention superintendents, juvenile 2885
justice detention officers I and II, juvenile justice detention 2886
officer supervisors, juvenile justice residential officers, 2887
juvenile justice residential officer supervisors I and II, 2888
juvenile justice counselors, juvenile justice counselor 2889
supervisors, human services counselor administrators, senior 2890
human services counselor administrators, rehabilitation 2891
therapists, and social se rvices counselors of the Department of 2892
Juvenile Justice; the names, home addresses, telephone numbers, 2893
dates of birth, and places of employment of spouses and children 2894
of such personnel; and the names and locations of schools and 2895
day care facilities attend ed by the children of such personnel 2896
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2897
Constitution. 2898
l. The home addresses, telephone numbers, dates of birth, 2899
and photographs of current or former public defenders, assistant 2900
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public defenders, criminal conflict and civil regional counsel, 2901
and assistant criminal conflict and civil regional counsel; the 2902
names, home addresses, telephone numbers, dates of birth, and 2903
places of employment of the spouses and children of current or 2904
former public defend ers, assistant public defenders, criminal 2905
conflict and civil regional counsel, and assistant criminal 2906
conflict and civil regional counsel; and the names and locations 2907
of schools and day care facilities attended by the children of 2908
current or former public d efenders, assistant public defenders, 2909
criminal conflict and civil regional counsel, and assistant 2910
criminal conflict and civil regional counsel are exempt from s. 2911
119.07(1) and s. 24(a), Art. I of the State Constitution. 2912
m. The home addresses, telephone n umbers, dates of birth, 2913
and photographs of current or former investigators or inspectors 2914
of the Department of Business and Professional Regulation; the 2915
names, home addresses, telephone numbers, dates of birth, and 2916
places of employment of the spouses and ch ildren of such current 2917
or former investigators and inspectors; and the names and 2918
locations of schools and day care facilities attended by the 2919
children of such current or former investigators and inspectors 2920
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2921
Constitution. 2922
n. The home addresses, telephone numbers, and dates of 2923
birth of county tax collectors; the names, home addresses, 2924
telephone numbers, dates of birth, and places of employment of 2925
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the spouses and children of such tax collectors; a nd the names 2926
and locations of schools and day care facilities attended by the 2927
children of such tax collectors are exempt from s. 119.07(1) and 2928
s. 24(a), Art. I of the State Constitution. 2929
o. The home addresses, telephone numbers, dates of birth, 2930
and photographs of current or former personnel of the Department 2931
of Health whose duties include, or result in, the determination 2932
or adjudication of eligibility for social security disability 2933
benefits, the investigation or prosecution of complaints filed 2934
against health care practitioners, or the inspection of health 2935
care practitioners or health care facilities licensed by the 2936
Department of Health; the names, home addresses, telephone 2937
numbers, dates of birth, and places of employment of the spouses 2938
and children of such personnel; and the names and locations of 2939
schools and day care facilities attended by the children of such 2940
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2941
the State Constitution. 2942
p. The home addresses, telephone numbers, dates of birth, 2943
and photographs of current or former impaired practitioner 2944
consultants who are retained by an agency or current or former 2945
employees of an impaired practitioner consultant whose duties 2946
result in a determination of a person's skill and safety to 2947
practice a licensed profession; the names, home addresses, 2948
telephone numbers, dates of birth, and places of employment of 2949
the spouses and children of such consultants or their employees; 2950
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and the names and locations of schools and day care facilities 2951
attended by the children of such consultants or employees are 2952
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2953
Constitution. 2954
q. The home addresses, telephone numbers, dates of birth, 2955
and photographs of current or former emergency medical 2956
technicians or paramedic s certified under chapter 401; the 2957
names, home addresses, telephone numbers, dates of birth, and 2958
places of employment of the spouses and children of such 2959
emergency medical technicians or paramedics; and the names and 2960
locations of schools and day care facil ities attended by the 2961
children of such emergency medical technicians or paramedics are 2962
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2963
Constitution. 2964
r. The home addresses, telephone numbers, dates of birth, 2965
and photographs of current or former personnel employed in an 2966
agency's office of inspector general or internal audit 2967
department whose duties include auditing or investigating waste, 2968
fraud, abuse, theft, exploitation, or other activities that 2969
could lead to criminal prosecution or administrati ve discipline; 2970
the names, home addresses, telephone numbers, dates of birth, 2971
and places of employment of spouses and children of such 2972
personnel; and the names and locations of schools and day care 2973
facilities attended by the children of such personnel are e xempt 2974
from s. 119.07(1) and s. 24(a), Art. I of the State 2975
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Constitution. 2976
s. The home addresses, telephone numbers, dates of birth, 2977
and photographs of current or former directors, managers, 2978
supervisors, nurses, and clinical employees of an addiction 2979
treatment facility; the home addresses, telephone numbers, 2980
photographs, dates of birth, and places of employment of the 2981
spouses and children of such personnel; and the names and 2982
locations of schools and day care facilities attended by the 2983
children of such person nel are exempt from s. 119.07(1) and s. 2984
24(a), Art. I of the State Constitution. For purposes of this 2985
sub-subparagraph, the term "addiction treatment facility" means 2986
a county government, or agency thereof, that is licensed 2987
pursuant to s. 397.401 and provid es substance abuse prevention, 2988
intervention, or clinical treatment, including any licensed 2989
service component described in s. 397.311(26). 2990
t. The home addresses, telephone numbers, dates of birth, 2991
and photographs of current or former directors, managers, 2992
supervisors, and clinical employees of a child advocacy center 2993
that meets the standards of s. 39.3035(2) and fulfills the 2994
screening requirement of s. 39.3035(3), and the members of a 2995
Child Protection Team as described in s. 39.303 whose duties 2996
include supporting the investigation of child abuse or sexual 2997
abuse, child abandonment, child neglect, and child exploitation 2998
or to provide services as part of a multidisciplinary case 2999
review team; the names, home addresses, telephone numbers, 3000
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photographs, dates of bi rth, and places of employment of the 3001
spouses and children of such personnel and members; and the 3002
names and locations of schools and day care facilities attended 3003
by the children of such personnel and members are exempt from s. 3004
119.07(1) and s. 24(a), Art. I of the State Constitution. 3005
u. The home addresses, telephone numbers, places of 3006
employment, dates of birth, and photographs of current or former 3007
staff and domestic violence advocates, as defined in s. 3008
90.5036(1)(b), of domestic violence centers certified by the 3009
Department of Children and Families under chapter 39; the names, 3010
home addresses, telephone numbers, places of employment, dates 3011
of birth, and photographs of the spouses and children of such 3012
personnel; and the names and locations of schools and day care 3013
facilities attended by the children of such personnel are exempt 3014
from s. 119.07(1) and s. 24(a), Art. I of the State 3015
Constitution. 3016
v. The home addresses, telephone numbers, dates of birth, 3017
and photographs of current or former inspectors or investiga tors 3018
of the Department of Agriculture and Consumer Services; the 3019
names, home addresses, telephone numbers, dates of birth, and 3020
places of employment of the spouses and children of current or 3021
former inspectors or investigators; and the names and locations 3022
of schools and day care facilities attended by the children of 3023
current or former inspectors or investigators are exempt from s. 3024
119.07(1) and s. 24(a), Art. I of the State Constitution. This 3025
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sub-subparagraph is subject to the Open Government Sunset Review 3026
Act in accordance with s. 119.15 and shall stand repealed on 3027
October 2, 2028, unless reviewed and saved from repeal through 3028
reenactment by the Legislature. 3029
3. An agency that is the custodian of the information 3030
specified in subparagraph 2. and that is not t he employer of the 3031
officer, employee, justice, judge, or other person specified in 3032
subparagraph 2. must maintain the exempt status of that 3033
information only if the officer, employee, justice, judge, other 3034
person, or employing agency of the designated employ ee submits a 3035
written and notarized request for maintenance of the exemption 3036
to the custodial agency. The request must state under oath the 3037
statutory basis for the individual's exemption request and 3038
confirm the individual's status as a party eligible for ex empt 3039
status. 3040
4.a. A county property appraiser, as defined in s. 3041
192.001(3), or a county tax collector, as defined in s. 3042
192.001(4), who receives a written and notarized request for 3043
maintenance of the exemption pursuant to subparagraph 3. must 3044
comply by removing the name of the individual with exempt status 3045
and the instrument number or Official Records book and page 3046
number identifying the property with the exempt status from all 3047
publicly available records maintained by the property appraiser 3048
or tax collector. For written requests received on or before 3049
July 1, 2021, a county property appraiser or county tax 3050
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collector must comply with this sub -subparagraph by October 1, 3051
2021. A county property appraiser or county tax collector may 3052
not remove the street addres s, legal description, or other 3053
information identifying real property within the agency's 3054
records so long as a name or personal information otherwise 3055
exempt from inspection and copying pursuant to this section is 3056
not associated with the property or otherwis e displayed in the 3057
public records of the agency. 3058
b. Any information restricted from public display, 3059
inspection, or copying under sub -subparagraph a. must be 3060
provided to the individual whose information was removed. 3061
5. An officer, an employee, a justice , a judge, or other 3062
person specified in subparagraph 2. may submit a written request 3063
for the release of his or her exempt information to the 3064
custodial agency. The written request must be notarized and must 3065
specify the information to be released and the par ty authorized 3066
to receive the information. Upon receipt of the written request, 3067
the custodial agency must release the specified information to 3068
the party authorized to receive such information. 3069
6. The exemptions in this paragraph apply to information 3070
held by an agency before, on, or after the effective date of the 3071
exemption. 3072
7. Information made exempt under this paragraph may be 3073
disclosed pursuant to s. 28.2221 to a title insurer authorized 3074
pursuant to s. 624.401 and its affiliates as defined in s. 3075
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624.10; a title insurance agent or title insurance agency as 3076
defined in s. 626.841(1) or (2), respectively; or an attorney 3077
duly admitted to practice law in this state and in good standing 3078
with The Florida Bar. 3079
8. The exempt status of a home address contained i n the 3080
Official Records is maintained only during the period when a 3081
protected party resides at the dwelling location. Upon 3082
conveyance of real property after October 1, 2021, and when such 3083
real property no longer constitutes a protected party's home 3084
address as defined in sub-subparagraph 1.a., the protected party 3085
must submit a written request to release the removed information 3086
to the county recorder. The written request to release the 3087
removed information must be notarized, must confirm that a 3088
protected party's request for release is pursuant to a 3089
conveyance of his or her dwelling location, and must specify the 3090
Official Records book and page, instrument number, or clerk's 3091
file number for each document containing the information to be 3092
released. 3093
9. Upon the death of a protected party as verified by a 3094
certified copy of a death certificate or court order, any party 3095
can request the county recorder to release a protected 3096
decedent's removed information unless there is a related request 3097
on file with the county recorder for continued removal of the 3098
decedent's information or unless such removal is otherwise 3099
prohibited by statute or by court order. The written request to 3100
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release the removed information upon the death of a protected 3101
party must attach the ce rtified copy of a death certificate or 3102
court order and must be notarized, must confirm the request for 3103
release is due to the death of a protected party, and must 3104
specify the Official Records book and page number, instrument 3105
number, or clerk's file number f or each document containing the 3106
information to be released. A fee may not be charged for the 3107
release of any document pursuant to such request. 3108
10. Except as otherwise expressly provided in this 3109
paragraph, this paragraph is subject to the Open Government 3110
Sunset Review Act in accordance with s. 119.15 and shall stand 3111
repealed on October 2, 2024, unless reviewed and saved from 3112
repeal through reenactment by the Legislature. 3113
Section 56. Subsection (4) of section 322.09, Florida 3114
Statutes, is amended to read : 3115
322.09 Application of minors; responsibility for 3116
negligence or misconduct of minor. — 3117
(4) Notwithstanding subsections (1) and (2), if a 3118
caregiver of a minor who is under the age of 18 years and is in 3119
out-of-home care as defined in s. 39.01 s. 39.01(55), an 3120
authorized representative of a residential group home at which 3121
such a minor resides, the caseworker at the agency at which the 3122
state has placed the minor, or a guardian ad litem specifically 3123
authorized by the minor's caregiver to sign for a learner's 3124
driver license signs the minor's application for a learner's 3125
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driver license, that caregiver, group home representative, 3126
caseworker, or guardian ad litem does not assume any obligation 3127
or become liable for any damages caused by the negligence or 3128
willful misconduct of the minor by reason of having signed the 3129
application. Before signing the application, the caseworker, 3130
authorized group home representative, or guardian ad litem shall 3131
notify the caregiver or other responsible party of his or her 3132
intent to sign and verify the application. 3133
Section 57. Paragraph (p) of subsection (4) of section 3134
394.495, Florida Statutes, is amended to read: 3135
394.495 Child and adolescent mental health system of care; 3136
programs and services. — 3137
(4) The array of services may inclu de, but is not limited 3138
to: 3139
(p) Trauma-informed services for children who have 3140
suffered sexual exploitation as defined in s. 39.01(80)(g) s. 3141
39.01(77)(g). 3142
Section 58. Section 627.746, Florida Statutes, is amended 3143
to read: 3144
627.746 Coverage for minors who have a learner's driver 3145
license; additional premium prohibited. —An insurer that issues 3146
an insurance policy on a private passenger motor vehicle to a 3147
named insured who is a caregiver of a minor who is under the age 3148
of 18 years and is in out -of-home care as defined in s. 39.01 s. 3149
39.01(55) may not charge an additional premium for coverage of 3150
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the minor while the minor is operating the insured vehicle, for 3151
the period of time that the minor has a learner's driver 3152
license, until such time as the minor obtain s a driver license. 3153
Section 59. Paragraph (c) of subsection (1) of section 3154
934.255, Florida Statutes, is amended to read: 3155
934.255 Subpoenas in investigations of sexual offenses. — 3156
(1) As used in this section, the term: 3157
(c) "Sexual abuse of a child " means a criminal offense 3158
based on any conduct described in s. 39.01(80) s. 39.01(77). 3159
Section 60. Subsection (5) of section 960.065, Florida 3160
Statutes, is amended to read: 3161
960.065 Eligibility for awards. — 3162
(5) A person is not ineligible for an awar d pursuant to 3163
paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3164
person is a victim of sexual exploitation of a child as defined 3165
in s. 39.01(80)(g) s. 39.01(77)(g). 3166
Section 61. The Division of Law Revision is requested to 3167
prepare a reviser's bill for the 2025 Regular Session of the 3168
Legislature to substitute the term "Statewide Guardian ad Litem 3169
Office" for the term "Guardian Ad Litem Program" or "Statewide 3170
Guardian Ad Litem Program" throughout the Florida Statutes. 3171
Section 62. This act shall take effect July 1, 2024. 3172