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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; amending s. 19
39.01305, F.S.; conforming a provision to changes made 20
by the act; amending s. 39.0132, F.S.; authorizing a 21
child's attorney ad litem to inspect certain records; 22
amending s. 39.0136, F.S.; revising the parties who 23
may request a continuance in a proceeding; amending s. 24
39.01375, F.S.; conforming provisions to changes made 25
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by the act; amending s. 39.0139, F.S.; conform ing 26
provisions to changes made by the act; amending s. 27
39.202, F.S.; requiring that certain confidential 28
records be released to the guardian ad litem and 29
attorney ad litem; conforming a cross -reference; 30
amending s. 39.402, F.S.; requiring parents to consen t 31
to provide certain information to the guardian ad 32
litem and attorney ad litem; conforming provisions to 33
changes made by the act; amending s. 39.4022, F.S.; 34
revising the participants who must be invited to a 35
multidisciplinary team staffing; amending s. 39 .4023, 36
F.S.; requiring notice of a multidisciplinary team 37
staffing be provided to a child's guardian ad litem 38
and attorney ad litem; conforming provisions to 39
changes made by the act; amending s. 39.407, F.S.; 40
conforming provisions to changes made by the ac t; 41
amending s. 39.4085, F.S.; providing a goal of 42
permanency; conforming provisions to changes made by 43
the act; amending ss. 39.502 and 39.522, F.S.; 44
conforming provisions to changes made by the act; 45
amending s. 39.6012, F.S.; requiring a case plan to 46
include written descriptions of certain activities; 47
conforming a cross-reference; creating s. 39.6036, 48
F.S.; providing legislative findings and intent; 49
requiring the Statewide Guardian ad Litem Office to 50
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work with certain children to identify a supportive 51
adult to enter into a specified agreement; requiring 52
such agreement be documented in the child's court 53
file; requiring the office to coordinate with the 54
Office of Continuing Care for a specified purpose; 55
amending s. 39.621, F.S.; conforming provisions to 56
changes made by the act; amending s. 39.6241, F.S.; 57
requiring a guardian ad litem to advise the court 58
regarding certain information and to ensure a certain 59
agreement has been documented in the child's court 60
file; amending s. 39.701, F.S.; requiring certain 61
notice be given to an attorney ad litem; requiring a 62
court to give a guardian ad litem an opportunity to 63
address the court in certain proceedings; requiring 64
the court to inquire and determine if a child has a 65
certain agreement documented in his or her court fi le 66
at a specified hearing; conforming provisions to 67
changes made by the act; amending s. 39.801, F.S.; 68
conforming provisions to changes made by the act; 69
amending s. 39.807, F.S.; requiring a court to appoint 70
a guardian ad litem to represent a child; revisi ng a 71
guardian ad litem's responsibilities and authorities; 72
deleting provisions relating to bonds and service of 73
pleadings or papers; amending s. 39.808, F.S.; 74
conforming provisions to changes made by the act; 75
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amending s. 39.815, F.S.; conforming provisions to 76
changes made by the act; repealing s. 39.820, F.S., 77
relating to definitions of the terms "guardian ad 78
litem" and "guardian advocate"; amending s. 39.821, 79
F.S.; conforming provisions to changes made by the 80
act; amending s. 39.822, F.S.; providing that a 81
guardian ad litem is a fiduciary and must provide 82
independent representation to a child; revising 83
responsibilities of a guardian ad litem; requiring 84
that guardians ad litem have certain access to the 85
children the guardians ad litem represent; providing 86
actions that a guardian ad litem does or does not have 87
to fulfill; amending s. 39.827, F.S.; authorizing a 88
child's guardian ad litem and attorney ad litem to 89
inspect certain records; amending s. 39.8296, F.S.; 90
revising the duties and appointment of the execu tive 91
director of the Statewide Guardian ad Litem Office; 92
requiring the training program for guardians ad litem 93
to be updated regularly; requiring the office to 94
provide oversight and technical assistance to 95
attorneys ad litem; specifying certain requirement s of 96
the office; amending s. 39.8297, F.S.; conforming 97
provisions to changes made by the act; amending s. 98
414.56, F.S.; requiring the Office of Continuing Care 99
to work in coordination with the Statewide Guardian ad 100
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Litem Office for a specified purpose; cre ating s. 101
1009.898, F.S.; authorizing the Fostering Prosperity 102
program to provide certain grants to youth and young 103
adults who are aging out of foster care; requiring 104
grants to extend for a certain period of time after a 105
recipient is reunited with his or he r parents; 106
requiring the State Board of Education to adopt rules; 107
amending ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 108
110.205, 320.08058, 943.053, 985.43, 985.441, 985.455, 109
985.461, and 985.48, F.S.; conforming provisions to 110
changes made by the act; amendi ng ss. 39.302, 39.521, 111
61.13, 119.071, 322.09, 394.495, 627.746, 934.255, and 112
960.065, F.S.; conforming cross -references; providing 113
a directive to the Division of Law Revision; providing 114
an effective date; 115
116
Be It Enacted by the Legislature of the State of Florida: 117
118
Section 1. Paragraph (j) of subsection (1), paragraph (j) 119
of subsection (3), and paragraph (a) of subsection (10) of 120
section 39.001, Florida Statutes, are amended to read: 121
39.001 Purposes and intent; personnel standards and 122
screening.— 123
(1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 124
(j) To ensure that, when reunification or adoption is not 125
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possible, the child will be prepared for alternative permanency 126
goals or placements, to include, but not be limited to, long -127
term foster care, independent living, custody to a relative on a 128
permanent basis with or without legal guardianship, or custody 129
to a foster parent or legal custodian on a permanent basis with 130
or without legal guardianship. Permanency for a child who is 131
transitioning from foster care to independent living includes 132
naturally occurring, lifelong, kin -like connections between the 133
child and a supportive adult. 134
(3) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 135
the Legislature that the children of this state be pro vided with 136
the following protections: 137
(j) The ability to contact their guardian ad litem and or 138
attorney ad litem, if one is appointed, by having that 139
individual's name entered on all orders of the court. 140
(10) PLAN FOR COMPREHENSIVE APPROACH. — 141
(a) The office shall develop a state plan for the 142
promotion of adoption, support of adoptive families, and 143
prevention of abuse, abandonment, and neglect of children. The 144
Department of Children and Families, the Department of 145
Corrections, the Department of Educat ion, the Department of 146
Health, the Department of Juvenile Justice, the Department of 147
Law Enforcement, the Statewide Guardian ad Litem Office, and the 148
Agency for Persons with Disabilities shall participate and fully 149
cooperate in the development of the state plan at both the state 150
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and local levels. Furthermore, appropriate local agencies and 151
organizations shall be provided an opportunity to participate in 152
the development of the state plan at the local level. 153
Appropriate local groups and organizations shall in clude, but 154
not be limited to, community mental health centers; circuit 155
guardian ad litem offices programs for children under the 156
circuit court; the school boards of the local school districts; 157
the Florida local advocacy councils; community -based care lead 158
agencies; private or public organizations or programs with 159
recognized expertise in working with child abuse prevention 160
programs for children and families; private or public 161
organizations or programs with recognized expertise in working 162
with children who ar e sexually abused, physically abused, 163
emotionally abused, abandoned, or neglected and with expertise 164
in working with the families of such children; private or public 165
programs or organizations with expertise in maternal and infant 166
health care; multidiscipli nary Child Protection Teams; child day 167
care centers; law enforcement agencies; and the circuit courts , 168
when guardian ad litem programs are not available in the local 169
area. The state plan to be provided to the Legislature and the 170
Governor shall include, as a minimum, the information required 171
of the various groups in paragraph (b). 172
Section 2. Subsection (2) of section 39.00145, Florida 173
Statutes, is amended to read: 174
39.00145 Records concerning children. — 175
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(2) Notwithstanding any other provision of this chapter, 176
all records in a child's case record must be made available for 177
inspection, upon request, to the child who is the subject of the 178
case record and to the child's caregiver, guardian ad litem, or 179
attorney ad litem, if one is appointed . 180
(a) A complete and accurate copy of any record in a 181
child's case record must be provided, upon request and at no 182
cost, to the child who is the subject of the case record and to 183
the child's caregiver, guardian ad litem, or attorney ad litem, 184
if one is appointed. 185
(b) The department shall release the information in a 186
manner and setting that are appropriate to the age and maturity 187
of the child and the nature of the information being released, 188
which may include the release of information in a therapeutic 189
setting, if appropriate. This paragraph does not deny the child 190
access to his or her records. 191
(c) If a child or the child's caregiver, guardian ad 192
litem, or attorney ad litem, if one is appointed, requests 193
access to the child's case record, any person or entity that 194
fails to provide any record in the case record under assertion 195
of a claim of exemption from the public records requirements of 196
chapter 119, or fails to provide access within a reasonable 197
time, is subject to sanctions and penalties under s. 119.10. 198
(d) For the purposes of this subsection, the term 199
"caregiver" is limited to parents, legal custodians, permanent 200
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guardians, or foster parents; employees of a residential home, 201
institution, facility, or agency at which the child resides; and 202
other individuals legally responsible for a child's welfare in a 203
residential setting. 204
Section 3. Paragraph (a) of subsection (2) of section 205
39.00146, Florida Statutes, is amended to read: 206
39.00146 Case record face sheet. — 207
(2) The case record of every child under the superv ision 208
or in the custody of the department or the department's 209
authorized agents, including community -based care lead agencies 210
and their subcontracted providers, must include a face sheet 211
containing relevant information about the child and his or her 212
case, including at least all of the following: 213
(a) General case information, including, but not limited 214
to, all of the following : 215
1. The child's name and date of birth .; 216
2. The current county of residence and the county of 217
residence at the time of the refe rral.; 218
3. The reason for the referral and any family safety 219
concerns.; 220
4. The personal identifying information of the parents or 221
legal custodians who had custody of the child at the time of the 222
referral, including name, date of birth, and county of 223
residence.; 224
5. The date of removal from the home .; and 225
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6. The name and contact information of the attorney or 226
attorneys assigned to the case in all capacities, including the 227
attorney or attorneys that represent the department and the 228
parents, and the guar dian ad litem, if one has been appointed . 229
Section 4. Paragraph (b) of subsection (2) and paragraph 230
(b) of subsection (3) of section 39.0016, Florida Statutes, are 231
amended to read: 232
39.0016 Education of abused, neglected, and abandoned 233
children; agency agreements; children having or suspected of 234
having a disability. — 235
(2) AGENCY AGREEMENTS. — 236
(b) The department shall enter into agreements with 237
district school boards or other local educational entities 238
regarding education and related services for child ren known to 239
the department who are of school age and children known to the 240
department who are younger than school age but who would 241
otherwise qualify for services from the district school board. 242
Such agreements must shall include, but are not limited to: 243
1. A requirement that the department shall: 244
a. Ensure that children known to the department are 245
enrolled in school or in the best educational setting that meets 246
the needs of the child. The agreement must shall provide for 247
continuing the enrollment of a child known to the department at 248
the school of origin when possible if it is in the best interest 249
of the child, with the goal of minimal disruption of education. 250
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b. Notify the school and school district in which a child 251
known to the department is enroll ed of the name and phone number 252
of the child known to the department caregiver and caseworker 253
for child safety purposes. 254
c. Establish a protocol for the department to share 255
information about a child known to the department with the 256
school district, consi stent with the Family Educational Rights 257
and Privacy Act, since the sharing of information will assist 258
each agency in obtaining education and related services for the 259
benefit of the child. The protocol must require the district 260
school boards or other local educational entities to access the 261
department's Florida Safe Families Network to obtain information 262
about children known to the department, consistent with the 263
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 264
1232g. 265
d. Notify the school d istrict of the department's case 266
planning for a child known to the department, both at the time 267
of plan development and plan review. Within the plan development 268
or review process, the school district may provide information 269
regarding the child known to the department if the school 270
district deems it desirable and appropriate. 271
e. Show no prejudice against a caregiver who desires to 272
educate at home a child placed in his or her home through the 273
child welfare system. 274
2. A requirement that the district school board shall: 275
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a. Provide the department with a general listing of the 276
services and information available from the district school 277
board to facilitate educational access for a child known to the 278
department. 279
b. Identify all educational and other services provided by 280
the school and school district which the school district 281
believes are reasonably necessary to meet the educational needs 282
of a child known to the department. 283
c. Determine whether transportation is available for a 284
child known to the department when such transportation will 285
avoid a change in school assignment due to a change in 286
residential placement. Recognizing that continued enrollment in 287
the same school throughout the time the child known to the 288
department is in out -of-home care is preferable unless 289
enrollment in the same school would be unsafe or otherwise 290
impractical, the department, the district school board, and the 291
Department of Education shall assess the availability of 292
federal, charitable, or grant funding for such transportation. 293
d. Provide individualized student intervention or an 294
individual educational plan when a determination has been made 295
through legally appropriate criteria that intervention services 296
are required. The intervention or individual educational plan 297
must include strategies to enable the child known to the 298
department to maximize the attainment of educational goals. 299
3. A requirement that the department and the district 300
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school board shall cooperate in accessing the services and 301
supports needed for a child known to the department who has or 302
is suspected of having a disability to receive an appropriate 303
education consistent with the Individuals with Disabilities 304
Education Act and state implementing laws, rules, and 305
assurances. Coordination of services for a child known to the 306
department who has or is suspected of having a disability may 307
include: 308
a. Referral for screening. 309
b. Sharing of evaluations between the school district and 310
the department where appropriate. 311
c. Provision of education and related services appropriate 312
for the needs and abilities of the child known to the 313
department. 314
d. Coordination of services and plans between the school 315
and the residential setting to avoid duplication or conflicting 316
service plans. 317
e. Appointment of a surrogate parent, consistent with the 318
Individuals with Disabilities Education Act and pursuant to 319
subsection (3), for educational purposes for a child known to 320
the department who qualifies. 321
f. For each child known to the department 14 years of age 322
and older, transition pl anning by the department and all 323
providers, including the department's independent living program 324
staff and the guardian ad litem of the child , to meet the 325
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requirements of the local school district for educational 326
purposes. 327
(3) CHILDREN HAVING OR SUSPECT ED OF HAVING A DISABILITY. — 328
(b)1. Each district school superintendent or dependency 329
court must appoint a surrogate parent for a child known to the 330
department who has or is suspected of having a disability, as 331
defined in s. 1003.01(9), when: 332
a. After reasonable efforts, no parent can be located; or 333
b. A court of competent jurisdiction over a child under 334
this chapter has determined that no person has the authority 335
under the Individuals with Disabilities Education Act, including 336
the parent or parents sub ject to the dependency action, or that 337
no person has the authority, willingness, or ability to serve as 338
the educational decisionmaker for the child without judicial 339
action. 340
2. A surrogate parent appointed by the district school 341
superintendent or the cour t must be at least 18 years old and 342
have no personal or professional interest that conflicts with 343
the interests of the student to be represented. Neither the 344
district school superintendent nor the court may appoint an 345
employee of the Department of Educatio n, the local school 346
district, a community -based care provider, the Department of 347
Children and Families, or any other public or private agency 348
involved in the education or care of the child as appointment of 349
those persons is prohibited by federal law. This prohibition 350
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includes group home staff and therapeutic foster parents. 351
However, a person who acts in a parental role to a child, such 352
as a foster parent or relative caregiver, is not prohibited from 353
serving as a surrogate parent if he or she is employed by such 354
agency, willing to serve, and knowledgeable about the child and 355
the exceptional student education process. The surrogate parent 356
may be a court-appointed guardian ad litem or a relative or 357
nonrelative adult who is involved in the child's life regardles s 358
of whether that person has physical custody of the child. Each 359
person appointed as a surrogate parent must have the knowledge 360
and skills acquired by successfully completing training using 361
materials developed and approved by the Department of Education 362
to ensure adequate representation of the child. 363
3. If a guardian ad litem has been appointed for a child, 364
The district school superintendent must first consider the 365
child's guardian ad litem when appointing a surrogate parent. 366
The district school superinte ndent must accept the appointment 367
of the court if he or she has not previously appointed a 368
surrogate parent. Similarly, the court must accept a surrogate 369
parent duly appointed by a district school superintendent. 370
4. A surrogate parent appointed by the di strict school 371
superintendent or the court must be accepted by any subsequent 372
school or school district without regard to where the child is 373
receiving residential care so that a single surrogate parent can 374
follow the education of the child during his or her entire time 375
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in state custody. Nothing in this paragraph or in rule shall 376
limit or prohibit the continuance of a surrogate parent 377
appointment when the responsibility for the student's 378
educational placement moves among and between public and private 379
agencies. 380
5. For a child known to the department, the responsibility 381
to appoint a surrogate parent resides with both the district 382
school superintendent and the court with jurisdiction over the 383
child. If the court elects to appoint a surrogate parent, notice 384
shall be provided as soon as practicable to the child's school. 385
At any time the court determines that it is in the best 386
interests of a child to remove a surrogate parent, the court may 387
appoint a new surrogate parent for educational decisionmaking 388
purposes for that child. 389
6. The surrogate parent shall continue in the appointed 390
role until one of the following occurs: 391
a. The child is determined to no longer be eligible or in 392
need of special programs, except when termination of special 393
programs is being contes ted. 394
b. The child achieves permanency through adoption or legal 395
guardianship and is no longer in the custody of the department. 396
c. The parent who was previously unknown becomes known, 397
whose whereabouts were unknown is located, or who was 398
unavailable is determined by the court to be available. 399
d. The appointed surrogate no longer wishes to represent 400
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the child or is unable to represent the child. 401
e. The superintendent of the school district in which the 402
child is attending school, the Department of Edu cation contract 403
designee, or the court that appointed the surrogate determines 404
that the appointed surrogate parent no longer adequately 405
represents the child. 406
f. The child moves to a geographic location that is not 407
reasonably accessible to the appointed s urrogate. 408
7. The appointment and termination of appointment of a 409
surrogate under this paragraph shall be entered as an order of 410
the court with a copy of the order provided to the child's 411
school as soon as practicable. 412
8. The person appointed as a surro gate parent under this 413
paragraph must: 414
a. Be acquainted with the child and become knowledgeable 415
about his or her disability and educational needs. 416
b. Represent the child in all matters relating to 417
identification, evaluation, and educational placement a nd the 418
provision of a free and appropriate education to the child. 419
c. Represent the interests and safeguard the rights of the 420
child in educational decisions that affect the child. 421
9. The responsibilities of the person appointed as a 422
surrogate parent shall not extend to the care, maintenance, 423
custody, residential placement, or any other area not 424
specifically related to the education of the child, unless the 425
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same person is appointed by the court for such other purposes. 426
10. A person appointed as a surro gate parent shall enjoy 427
all of the procedural safeguards afforded a parent with respect 428
to the identification, evaluation, and educational placement of 429
a student with a disability or a student who is suspected of 430
having a disability. 431
11. A person appoint ed as a surrogate parent shall not be 432
held liable for actions taken in good faith on behalf of the 433
student in protecting the special education rights of the child. 434
Section 5. Subsections (8) through (30) and (31) through 435
(87) of section 39.01, Florida Statutes, are renumbered as 436
subsections (9) through (31) and (34) through (90), 437
respectively, present subsections (9), (36), and (58) are 438
amended, and new subsections (8), (32), and (33) are added to 439
that section, to read: 440
39.01 Definitions.—When used in this chapter, unless the 441
context otherwise requires: 442
(8) "Attorney ad litem" means an attorney appointed by the 443
court to represent a child in a dependency case who has an 444
attorney-client relationship with the child under the rules 445
regulating The Florida Bar. 446
(10)(9) "Caregiver" means the parent, legal custodian, 447
permanent guardian, adult household member, or other person 448
responsible for a child's welfare as defined in subsection 449
(57)(54). 450
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(32) "Guardian ad litem" means a person or an entity that 451
is a fiduciary appointed by the court to represent a child in 452
any civil, criminal, or administrative proceeding to which the 453
child is a party, including, but not limited to, under this 454
chapter, which uses a best interest standard for decisionmaking 455
and advocacy. For purposes of this chapter, the term includes, 456
but is not limited to, the Statewide Guardian ad Litem Office, 457
which includes all circuit guardian ad litem offices and the 458
duly certified volunteers, staff, and attorneys assigned by the 459
Statewide Guardian ad Litem Office to represent children; a 460
court-appointed attorney; or a responsible adult who is 461
appointed by the court. A guardian ad litem is a party to the 462
judicial proceeding as a representative of the child and serves 463
until the jurisdiction of the court over the child terminates or 464
until excused by the court. 465
(33) "Guardian advocate" means a person appointed by the 466
court to act on behalf of a drug -dependent newborn under part XI 467
of this chapter. 468
(39)(36) "Institutional child abuse or neglect" me ans 469
situations of known or suspected child abuse or neglect in which 470
the person allegedly perpetrating the child abuse or neglect is 471
an employee of a public or private school, public or private day 472
care center, residential home, institution, facility, or a gency 473
or any other person at such institution responsible for the 474
child's welfare as defined in subsection (57)(54). 475
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(61)(58) "Party" means the parent or parents of the child, 476
the petitioner, the department, the guardian ad litem or the 477
representative of the guardian ad litem program when the program 478
has been appointed, and the child. The presence of the child may 479
be excused by order of the court when presence would not be in 480
the child's best interest. Notice to the child may be excused by 481
order of the court when the age, capacity, or other condition of 482
the child is such that the notice would be meaningless or 483
detrimental to the child. 484
Section 6. Subsection (11) of section 39.013, Florida 485
Statutes, is amended to read: 486
39.013 Procedures and jurisdicti on; right to counsel ; 487
guardian ad litem.— 488
(11) The court shall appoint a guardian ad litem at the 489
earliest possible time to represent a child throughout the 490
proceedings, including any appeals. The guardian ad litem may 491
represent the child in proceedings outside of the dependency 492
case to secure the services and benefits that provide for the 493
care, safety, and protection of the child encourage the 494
Statewide Guardian Ad Litem Office to provide greater 495
representation to those children who are within 1 year of 496
transferring out of foster care . 497
Section 7. Paragraph (b) of subsection (1) of section 498
39.01305, Florida Statutes, is amended to read: 499
39.01305 Appointment of an attorney for a dependent child 500
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with certain special needs. — 501
(1) 502
(b) The Legislature r ecognizes the existence of 503
organizations that provide attorney representation to children 504
in certain jurisdictions throughout the state. Further, the 505
Statewide Guardian Ad Litem Office Program provides best 506
interest representation for dependent children in every 507
jurisdiction in accordance with state and federal law. The 508
Legislature, therefore, does not intend that funding provided 509
for representation under this section supplant proven and 510
existing organizations representing children. Instead, the 511
Legislature intends that funding provided for representation 512
under this section be an additional resource for the 513
representation of more children in these jurisdictions, to the 514
extent necessary to meet the requirements of this chapter, with 515
the cooperation of existin g local organizations or through the 516
expansion of those organizations. The Legislature encourages the 517
expansion of pro bono representation for children. This section 518
is not intended to limit the ability of a pro bono attorney to 519
appear on behalf of a child . 520
Section 8. Subsection (3) of section 39.0132, Florida 521
Statutes, is amended to read: 522
39.0132 Oaths, records, and confidential information. — 523
(3) The clerk shall keep all court records required by 524
this chapter separate from other records of the circ uit court. 525
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All court records required by this chapter may shall not be open 526
to inspection by the public. All records may shall be inspected 527
only upon order of the court by persons deemed by the court to 528
have a proper interest therein, except that, subject to the 529
provisions of s. 63.162, a child, and the parents of the child 530
and their attorneys, the guardian ad litem, criminal conflict 531
and civil regional counsels, law enforcement agencies, and the 532
department and its designees , and the attorney ad litem, if o ne 533
is appointed, shall always have the right to inspect and copy 534
any official record pertaining to the child. The Justice 535
Administrative Commission may inspect court dockets required by 536
this chapter as necessary to audit compensation of court -537
appointed attorneys ad litem. If the docket is insufficient for 538
purposes of the audit, the commission may petition the court for 539
additional documentation as necessary and appropriate. The court 540
may permit authorized representatives of recognized 541
organizations compiling statistics for proper purposes to 542
inspect and make abstracts from official records, under whatever 543
conditions upon their use and disposition the court may deem 544
proper, and may punish by contempt proceedings any violation of 545
those conditions. 546
Section 9. Paragraph (a) of subsection (3) of section 547
39.0136, Florida Statutes, is amended to read: 548
39.0136 Time limitations; continuances. — 549
(3) The time limitations in this chapter do not include: 550
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(a) Periods of delay resulting from a continuance granted 551
at the request of the child's counsel , or the child's guardian 552
ad litem, or attorney ad litem, if one is appointed , if the 553
child is of sufficient capacity to express reasonable consent, 554
at the request or with the consent of the child . The court must 555
consider the best interests of the child when determining 556
periods of delay under this section. 557
Section 10. Subsection (7) of section 39.01375, Florida 558
Statutes, is amended to read: 559
39.01375 Best interest determination for placement. —The 560
department, community -based care lead agency, or court shall 561
consider all of the following factors when determining whether a 562
proposed placement under this chapter is in the child's best 563
interest: 564
(7) The recommendation of the child's guardian ad litem , 565
if one has been appoi nted. 566
Section 11. Paragraphs (a) and (b) of subsection (4) of 567
section 39.0139, Florida Statutes, are amended to read: 568
39.0139 Visitation or other contact; restrictions. — 569
(4) HEARINGS.—A person who meets any of the criteria set 570
forth in paragraph (3 )(a) who seeks to begin or resume contact 571
with the child victim shall have the right to an evidentiary 572
hearing to determine whether contact is appropriate. 573
(a) Before Prior to the hearing, the court shall appoint 574
an attorney ad litem or a guardian ad litem for the child if one 575
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has not already been appointed. The guardian ad litem and Any 576
attorney ad litem, if one is or guardian ad litem appointed, 577
must shall have special training in the dynamics of child sexual 578
abuse. 579
(b) At the hearing, the court may receive and rely upon 580
any relevant and material evidence submitted to the extent of 581
its probative value, including written and oral reports or 582
recommendations from the Child Protection Team, the child's 583
therapist, the child's guardian ad litem, or the child's 584
attorney ad litem, if one is appointed, even if these reports, 585
recommendations, and evidence may not be admissible under the 586
rules of evidence. 587
Section 12. Paragraphs (d) and (t) of subsection (2) of 588
section 39.202, Florida Statutes, are amended to read: 589
39.202 Confidentiality of reports and records in cases of 590
child abuse or neglect; exception. — 591
(2) Except as provided in subsection (4), access to such 592
records, excluding the name of, or other identifying inform ation 593
with respect to, the reporter which may only shall be released 594
only as provided in subsection (5), may only shall be granted 595
only to the following persons, officials, and agencies: 596
(d) The parent or legal custodian of any child who is 597
alleged to have been abused, abandoned, or neglected ; the child; 598
the child's guardian ad litem; the child's attorney ad litem, if 599
one is appointed; or , and the child, and their attorneys, 600
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including any attorney representing a child in civil or criminal 601
proceedings. This access must shall be made available no later 602
than 60 days after the department receives the initial report of 603
abuse, neglect, or abandonment. However, any information 604
otherwise made confidential or exempt by law may shall not be 605
released pursuant to th is paragraph. 606
(t) Persons with whom the department is seeking to place 607
the child or to whom placement has been granted, including 608
foster parents for whom an approved home study has been 609
conducted, the designee of a licensed child -caring agency as 610
defined in s. 39.01 s. 39.01(41), an approved relative or 611
nonrelative with whom a child is placed pursuant to s. 39.402, 612
preadoptive parents for whom a favorable preliminary adoptive 613
home study has been conducted, adoptive parents, or an adoption 614
entity acting on behalf of preadoptive or adoptive parents. 615
Section 13. Paragraph (c) of subsection (8), paragraphs 616
(b) and (c) of subsection (11), and paragraph (a) of subsection 617
(14) of section 39.402, Florida Statutes, are amended to read: 618
39.402 Placement in a s helter.— 619
(8) 620
(c) At the shelter hearing, the court shall: 621
1. Appoint a guardian ad litem to represent the best 622
interest of the child , unless the court finds that such 623
representation is unnecessary ; 624
2. Inform the parents or legal custodians of their right 625
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to counsel to represent them at the shelter hearing and at each 626
subsequent hearing or proceeding, and the right of the parents 627
to appointed counsel, pursuant to the procedures set forth in s. 628
39.013; 629
3. Give the parents or legal custodians an oppor tunity to 630
be heard and to present evidence; and 631
4. Inquire of those present at the shelter hearing as to 632
the identity and location of the legal father. In determining 633
who the legal father of the child may be, the court shall 634
inquire under oath of those p resent at the shelter hearing 635
whether they have any of the following information: 636
a. Whether the mother of the child was married at the 637
probable time of conception of the child or at the time of birth 638
of the child. 639
b. Whether the mother was cohabiting with a male at the 640
probable time of conception of the child. 641
c. Whether the mother has received payments or promises of 642
support with respect to the child or because of her pregnancy 643
from a man who claims to be the father. 644
d. Whether the mother has name d any man as the father on 645
the birth certificate of the child or in connection with 646
applying for or receiving public assistance. 647
e. Whether any man has acknowledged or claimed paternity 648
of the child in a jurisdiction in which the mother resided at 649
the time of or since conception of the child or in which the 650
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child has resided or resides. 651
f. Whether a man is named on the birth certificate of the 652
child pursuant to s. 382.013(2). 653
g. Whether a man has been determined by a court order to 654
be the father of the child. 655
h. Whether a man has been determined to be the father of 656
the child by the Department of Revenue as provided in s. 657
409.256. 658
(11) 659
(b) The court shall request that the parents consent to 660
provide access to the child's medical records and provide 661
information to the court, the department or its contract 662
agencies, and the any guardian ad litem and or attorney ad 663
litem, if one is appointed, for the child. If a parent is 664
unavailable or unable to consent or withholds consent and the 665
court determines acc ess to the records and information is 666
necessary to provide services to the child, the court shall 667
issue an order granting access. The court may also order the 668
parents to provide all known medical information to the 669
department and to any others granted acce ss under this 670
subsection. 671
(c) The court shall request that the parents consent to 672
provide access to the child's child care records, early 673
education program records, or other educational records and 674
provide information to the court, the department or its contract 675
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agencies, and the any guardian ad litem and or attorney ad 676
litem, if one is appointed, for the child. If a parent is 677
unavailable or unable to consent or withholds consent and the 678
court determines access to the records and information is 679
necessary to provide services to the child, the court shall 680
issue an order granting access. 681
(14) The time limitations in this section do not include: 682
(a) Periods of delay resulting from a continuance granted 683
at the request or with the consent of the child's counsel or the 684
child's guardian ad litem or attorney ad litem , if one is has 685
been appointed by the court , or, if the child is of sufficient 686
capacity to express reasonable consent, at the request or with 687
the consent of the child's attorney or the child's guardi an ad 688
litem, if one has been appointed by the court, and the child . 689
Section 14. Paragraphs (a) and (b) of subsection (4) of 690
section 39.4022, Florida Statutes, are amended to read: 691
39.4022 Multidisciplinary teams; staffings; assessments; 692
report.— 693
(4) PARTICIPANTS.— 694
(a) Collaboration among diverse individuals who are part 695
of the child's network is necessary to make the most informed 696
decisions possible for the child. A diverse team is preferable 697
to ensure that the necessary combination of technical s kills, 698
cultural knowledge, community resources, and personal 699
relationships is developed and maintained for the child and 700
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family. The participants necessary to achieve an appropriately 701
diverse team for a child may vary by child and may include 702
extended family, friends, neighbors, coaches, clergy, coworkers, 703
or others the family identifies as potential sources of support. 704
1. Each multidisciplinary team staffing must invite the 705
following members: 706
a. The child, unless he or she is not of an age or 707
capacity to participate in the team , and the child's guardian ad 708
litem; 709
b. The child's family members and other individuals 710
identified by the family as being important to the child, 711
provided that a parent who has a no contact order or injunction, 712
is alleged to have sexually abused the child, or is subject to a 713
termination of parental rights may not participate; 714
c. The current caregiver, provided the caregiver is not a 715
parent who meets the criteria of one of the exceptions under 716
sub-subparagraph b.; 717
d. A representative from the department other than the 718
Children's Legal Services attorney, when the department is 719
directly involved in the goal identified by the staffing; 720
e. A representative from the community -based care lead 721
agency, when the lead agency is direct ly involved in the goal 722
identified by the staffing; 723
f. The case manager for the child, or his or her case 724
manager supervisor; and 725
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g. A representative from the Department of Juvenile 726
Justice, if the child is dually involved with both the 727
department and the Department of Juvenile Justice. 728
2. The multidisciplinary team must make reasonable efforts 729
to have all mandatory invitees attend. However, the 730
multidisciplinary team staffing may not be delayed if the 731
invitees in subparagraph 1. fail to attend after being provided 732
reasonable opportunities. 733
(b) Based on the particular goal the multidisciplinary 734
team staffing identifies as the purpose of convening the 735
staffing as provided under subsection (5), the department or 736
lead agency may also invite to the meeti ng other professionals, 737
including, but not limited to: 738
1. A representative from Children's Medical Services; 739
2. A guardian ad litem, if one is appointed; 740
2.3. A school personnel representative who has direct 741
contact with the child; 742
3.4. A therapist or other behavioral health professional, 743
if applicable; 744
4.5. A mental health professional with expertise in 745
sibling bonding, if the department or lead agency deems such 746
expert is necessary; or 747
5.6. Other community providers of services to the child or 748
stakeholders, when applicable. 749
Section 15. Paragraph (d) of subsection (3) and paragraph 750
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(c) of subsection (4) of section 39.4023, Florida Statutes, are 751
amended to read: 752
39.4023 Placement and education transitions; transition 753
plans.— 754
(3) PLACEMENT TRANSITIONS.— 755
(d) Transition planning. — 756
1. If the supportive services provided pursuant to 757
paragraph (c) have not been successful to make the maintenance 758
of the placement suitable or if there are other circumstances 759
that require the child to be moved, the department or the 760
community-based care lead agency must convene a 761
multidisciplinary team staffing as required under s. 39.4022 762
before the child's placement is changed, or within 72 hours of 763
moving the child in an emergency situation, for the purpose o f 764
developing an appropriate transition plan. 765
2. A placement change may occur immediately in an 766
emergency situation without convening a multidisciplinary team 767
staffing. However, a multidisciplinary team staffing must be 768
held within 72 hours after the emer gency situation arises. 769
3. The department or the community -based care lead agency 770
must provide written notice of the planned move at least 14 days 771
before the move or within 72 hours after an emergency situation, 772
to the greatest extent possible and consis tent with the child's 773
needs and preferences. The notice must include the reason a 774
placement change is necessary. A copy of the notice must be 775
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filed with the court and be provided to all of the following : 776
a. The child, unless he or she, due to age or capa city, is 777
unable to comprehend the written notice, which will necessitate 778
the department or lead agency to provide notice in an age -779
appropriate and capacity -appropriate alternative manner .; 780
b. The child's parents, unless prohibited by court order .; 781
c. The child's out-of-home caregiver.; 782
d. The guardian ad litem ., if one is appointed; 783
e. The attorney ad litem for the child, if one is 784
appointed.; and 785
f. The attorney for the department. 786
4. The transition plan must be developed through 787
cooperation among the persons included in subparagraph 3., and 788
such persons must share any relevant information necessary for 789
its development. Subject to the child's needs and preferences, 790
the transition plan must meet the requirements of s. 791
409.1415(2)(b)8. and exclu de any placement changes that occur 792
between 7 p.m. and 8 a.m. 793
5. The department or the community -based care lead agency 794
shall file the transition plan with the court within 48 hours 795
after the creation of such plan and provide a copy of the plan 796
to the persons included in subparagraph 3. 797
(4) EDUCATION TRANSITIONS. — 798
(c) Minimizing school changes. — 799
1. Every effort must be made to keep a child in the school 800
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of origin if it is in the child's best interest. Any placement 801
decision must include thoughtful c onsideration of which school a 802
child will attend if a school change is necessary. 803
2. Members of a multidisciplinary team staffing convened 804
for a purpose other than a school change must determine the 805
child's best interest regarding remaining in the school or 806
program of origin if the child's educational options are 807
affected by any other decision being made by the 808
multidisciplinary team. 809
3. The determination of whether it is in the child's best 810
interest to remain in the school of origin, and if not, of whi ch 811
school the child will attend in the future, must be made in 812
consultation with the following individuals, including, but not 813
limited to, the child; the parents; the caregiver; the child 814
welfare professional; the guardian ad litem , if appointed; the 815
educational surrogate, if appointed; child care and educational 816
staff, including teachers and guidance counselors; and the 817
school district representative or foster care liaison. A 818
multidisciplinary team member may contact any of these 819
individuals in advance of a multidisciplinary team staffing to 820
obtain his or her recommendation. An individual may remotely 821
attend the multidisciplinary team staffing if one of the 822
identified goals is related to determining an educational 823
placement. The multidisciplinary team may r ely on a report from 824
the child's current school or program district and, if 825
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applicable, any other school district being considered for the 826
educational placement if the required school personnel are not 827
available to attend the multidisciplinary team staffin g in 828
person or remotely. 829
4. The multidisciplinary team and the individuals listed 830
in subparagraph 3. must consider, at a minimum, all of the 831
following factors when determining whether remaining in the 832
school or program of origin is in the child's best in terest or, 833
if not, when selecting a new school or program: 834
a. The child's desire to remain in the school or program 835
of origin. 836
b. The preference of the child's parents or legal 837
guardians. 838
c. Whether the child has siblings, close friends, or 839
mentors at the school or program of origin. 840
d. The child's cultural and community connections in the 841
school or program of origin. 842
e. Whether the child is suspected of having a disability 843
under the Individuals with Disabilities Education Act (IDEA) or 844
s. 504 of the Rehabilitation Act of 1973, or has begun receiving 845
interventions under this state's multitiered system of supports. 846
f. Whether the child has an evaluation pending for special 847
education and related services under IDEA or s. 504 of the 848
Rehabilitation Act of 1973. 849
g. Whether the child is a student with a disability under 850
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IDEA who is receiving special education and related services or 851
a student with a disability under s. 504 of the Rehabilitation 852
Act of 1973 who is receiving accommodations and services and, if 853
so, whether those required services are available in a school or 854
program other than the school or program of origin. 855
h. Whether the child is an English Language Learner 856
student and is receiving language services and, if so, whether 857
those required services are available in a school or program 858
other than the school or program of origin. 859
i. The impact a change to the school or program of origin 860
would have on academic credits and progress toward promotion. 861
j. The availability of extracurricular ac tivities 862
important to the child. 863
k. The child's known individualized educational plan or 864
other medical and behavioral health needs and whether such plan 865
or needs are able to be met at a school or program other than 866
the school or program of origin. 867
l. The child's permanency goal and timeframe for achieving 868
permanency. 869
m. The child's history of school transfers and how such 870
transfers have impacted the child academically, emotionally, and 871
behaviorally. 872
n. The length of the commute to the school or prog ram from 873
the child's home or placement and how such commute would impact 874
the child. 875
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o. The length of time the child has attended the school or 876
program of origin. 877
5. The cost of transportation cannot be a factor in making 878
a best interest determination. 879
Section 16. Paragraph (f) of subsection (3) of section 880
39.407, Florida Statutes, is amended to read: 881
39.407 Medical, psychiatric, and psychological examination 882
and treatment of child; physical, mental, or substance abuse 883
examination of person with or requesting child custody. — 884
(3) 885
(f)1. The department shall fully inform the court of the 886
child's medical and behavioral status as part of the social 887
services report prepared for each judicial review hearing held 888
for a child for whom psychotropic medication has been prescribed 889
or provided under this subsection. As a part of the information 890
provided to the court, the department shall furnish copies of 891
all pertinent medical records concerning the child which have 892
been generated since the previous hearing. On its own motion or 893
on good cause shown by any party, including the any guardian ad 894
litem, attorney, or attorney ad litem , if one is who has been 895
appointed to represent the child or the child's interests , the 896
court may review the status more frequently than required in 897
this subsection. 898
2. The court may, in the best interests of the child, 899
order the department to obtain a medical opinion addressing 900
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whether the continued use of the medication under the 901
circumstances is safe and medically appropriate. 902
Section 17. Paragraphs (m), (t), and (u) of subsection (1) 903
of section 39.4085, Florida Statutes, are amended to read: 904
39.4085 Goals for dependent children; responsibilities; 905
education; Office of the Children's Ombudsman. — 906
(1) The Legislature finds that the design and delivery of 907
child welfare services should be directed by the principle that 908
the health and safety of children, including the freedom from 909
abuse, abandonment, or neglect, is of paramount concern and, 910
therefore, establishes the following goals for children in 911
shelter or foster care: 912
(m) To receive meaningful case management and planning 913
that will quickly return the child to his or her family or move 914
the child on to other forms of permanency. For a child who is 915
transitioning from foster care to independent living, permanency 916
includes establishing naturally occurring, lifelong, kin -like 917
connections between the child and a supportive adult. 918
(t) To have a guardian ad litem appointed to represent, 919
within reason, their best interests and, if appropriate, an 920
attorney ad litem appointed to represent their legal interests ; 921
the guardian ad litem and attorney ad litem , if one is 922
appointed, shall have immediate and unlimited access to the 923
children they represent. 924
(u) To have all their records available for review by 925
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their guardian ad li tem and attorney ad litem , if one is 926
appointed, if they deem such review necessary. 927
928
This subsection establishes goals and not rights. This 929
subsection does not require the delivery of any particular 930
service or level of service in excess of existing 931
appropriations. A person does not have a cause of action against 932
the state or any of its subdivisions, agencies, contractors, 933
subcontractors, or agents, based upon the adoption of or failure 934
to provide adequate funding for the achievement of these goals 935
by the Legislature. This subsection does not require the 936
expenditure of funds to meet the goals established in this 937
subsection except those funds specifically appropriated for such 938
purpose. 939
Section 18. Subsection (8) of section 39.502, Florida 940
Statutes, is amended to read: 941
39.502 Notice, process, and service. — 942
(8) It is not necessary to the validity of a proceeding 943
covered by this part that the parents be present if their 944
identity or residence is unknown after a diligent search has 945
been made; however, but in this event the petitioner must shall 946
file an affidavit of diligent search prepared by the person who 947
made the search and inquiry, and the court must may appoint a 948
guardian ad litem for the child if a guardian ad litem has not 949
previously been appointed . 950
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Section 19. Paragraph (c) of subsection (3) of section 951
39.522, Florida Statutes, is amended to read: 952
39.522 Postdisposition change of custody. — 953
(3) 954
(c)1. The department or community -based care lead agency 955
must notify a current caregiver who has been in the physical 956
custody placement for at least 9 consecutive months and who 957
meets all the established criteria in paragraph (b) of an intent 958
to change the physical custody of the child, and a 959
multidisciplinary team staffing must be held in accordance with 960
ss. 39.4022 and 39.4023 at least 21 days before the intended 961
date for the child's change in physical custody, unless there is 962
an emergency situation as defined in s. 39.4022(2)(b). If there 963
is not a unanimous consensus decision reached by the 964
multidisciplinary team, the department's official position must 965
be provided to the parties within the designated time period as 966
provided for in s. 39.4022. 967
2. A caregiver who objects to the department's official 968
position on the change in physical custody must notify the court 969
and the department or community -based care lead agency of his or 970
her objection and the intent to request an evidentiary hearing 971
in writing in accordance with this section within 5 days after 972
receiving notice of the department's official position provided 973
under subparagraph 1. The transition of the child to the new 974
caregiver may not begin before the expiration of the 5 -day 975
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period within which the current caregiver may object. 976
3. Upon the department or community -based care lead agency 977
receiving written notice of the caregiver's objection, the 978
change to the child's physical custody must be placed in 979
abeyance and the child may not be transitioned to a new physical 980
placement without a court order, unless there is an emergency 981
situation as defined in s. 39.4022(2)(b). 982
4. Within 7 days after receiving written notice from the 983
caregiver, the court must conduct an initial case status 984
hearing, at which time the court must do all of the following : 985
a. Grant party status to the current caregiver who is 986
seeking permanent custody and has maintained physical custody of 987
that child for at least 9 continuous months for the limited 988
purpose of filing a motion for a hearing on the objection and 989
presenting evidence pursuant to this subsection .; 990
b. Appoint an attorn ey for the child who is the subject of 991
the permanent custody proceeding, in addition to the guardian ad 992
litem, if one is appointed; 993
b.c. Advise the caregiver of his or her right to retain 994
counsel for purposes of the evidentiary hearing .; and 995
c.d. Appoint a court-selected neutral and independent 996
licensed professional with expertise in the science and research 997
of child-parent bonding. 998
Section 20. Paragraph (c) of subsection (1) and paragraph 999
(c) of subsection (3) of section 39.6012, Florida Statutes, are 1000
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amended to read: 1001
39.6012 Case plan tasks; services. — 1002
(1) The services to be provided to the parent and the 1003
tasks that must be completed are subject to the following: 1004
(c) If there is evidence of harm as defined in s. 1005
39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 1006
required task for the parent whose actions caused the harm that 1007
the parent submit to a substance abuse disorder assessment or 1008
evaluation and participate and comply with treatment and 1009
services identified in the assessment or evaluation as being 1010
necessary. 1011
(3) In addition to any other requirement, if the child is 1012
in an out-of-home placement, the case plan must include: 1013
(c) When appropriate, for a child who is 13 years of age 1014
or older, a written description of the programs and services 1015
that will help the child prepare for the transition from foster 1016
care to independent living. The written description must include 1017
age-appropriate activities for the child's development of 1018
relationships, coping skills, and emotional well -being. 1019
Section 21. Section 39.6036, Florida Statutes, is created 1020
to read: 1021
39.6036 Supportive adults for children transitioning out 1022
of foster care.— 1023
(1) The Legislature finds that a committed, caring adult 1024
provides a lifeline for a child transitioning out of foster care 1025
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to live independently. Accordingly, it is the intent of the 1026
Legislature that the Statewide Guardian ad Litem Office help 1027
children connect with supportive adults with the hope of 1028
creating an ongoing relationship that lasts into adulthood. 1029
(2) The Statewide Guardian ad Litem Office shall work with 1030
a child who is transitioning out of foster care to identify at 1031
least one supportive adult wi th whom the child can enter into a 1032
formal agreement for an ongoing relationship and document such 1033
agreement in the child's court file. If the child cannot 1034
identify a supportive adult, the Statewide Guardian ad Litem 1035
Office shall work in coordination with t he Office of Continuing 1036
Care to identify at least one supportive adult with whom the 1037
child can enter into a formal agreement for an ongoing 1038
relationship and document such agreement in the child's court 1039
file. 1040
Section 22. Paragraph (c) of subsection (10) of section 1041
39.621, Florida Statutes, is amended to read: 1042
39.621 Permanency determination by the court. — 1043
(10) The permanency placement is intended to continue 1044
until the child reaches the age of majority and may not be 1045
disturbed absent a finding by the court that the circumstances 1046
of the permanency placement are no longer in the best interest 1047
of the child. 1048
(c) The court shall base its decision concerning any 1049
motion by a parent for reunification or increased contact with a 1050
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child on the effect of the dec ision on the safety, well -being, 1051
and physical and emotional health of the child. Factors that 1052
must be considered and addressed in the findings of fact of the 1053
order on the motion must include: 1054
1. The compliance or noncompliance of the parent with the 1055
case plan; 1056
2. The circumstances which caused the child's dependency 1057
and whether those circumstances have been resolved; 1058
3. The stability and longevity of the child's placement; 1059
4. The preferences of the child, if the child is of 1060
sufficient age and unders tanding to express a preference; 1061
5. The recommendation of the current custodian; and 1062
6. Any The recommendation of the guardian ad litem , if one 1063
has been appointed. 1064
Section 23. Subsection (2) of section 39.6241, Florida 1065
Statutes, is amended to read: 1066
39.6241 Another planned permanent living arrangement. — 1067
(2) The department and the guardian ad litem must provide 1068
the court with a recommended list and description of services 1069
needed by the child, such as independent living services and 1070
medical, dental, educational, or psychological referrals, and a 1071
recommended list and description of services needed by his or 1072
her caregiver. The guardian ad litem must also advise the court 1073
whether the child has been connected with a supportive adult 1074
and, if the child ha s been connected with a supportive adult, 1075
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whether the child has entered into a formal agreement with the 1076
adult. If the child has entered into a formal agreement pursuant 1077
to s. 39.6036, the guardian ad litem must ensure that the 1078
agreement is documented in t he child's court file. 1079
Section 24. Paragraphs (b) and (f) of subsection (1), 1080
paragraph (c) of subsection (2), subsection (3), and paragraph 1081
(e) of subsection (4) of section 39.701, Florida Statutes, are 1082
amended to read: 1083
39.701 Judicial review. — 1084
(1) GENERAL PROVISIONS.— 1085
(b)1. The court shall retain jurisdiction over a child 1086
returned to his or her parents for a minimum period of 6 months 1087
after following the reunification, but, at that time, based on a 1088
report of the social service agency and the guar dian ad litem, 1089
if one has been appointed, and any other relevant factors, the 1090
court shall make a determination as to whether supervision by 1091
the department and the court's jurisdiction shall continue or be 1092
terminated. 1093
2. Notwithstanding subparagraph 1., t he court must retain 1094
jurisdiction over a child if the child is placed in the home 1095
with a parent or caregiver with an in -home safety plan and such 1096
safety plan remains necessary for the child to reside safely in 1097
the home. 1098
(f) Notice of a judicial review he aring or a citizen 1099
review panel hearing, and a copy of the motion for judicial 1100
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review, if any, must be served by the clerk of the court upon 1101
all of the following persons, if available to be served, 1102
regardless of whether the person was present at the previo us 1103
hearing at which the date, time, and location of the hearing was 1104
announced: 1105
1. The social service agency charged with the supervision 1106
of care, custody, or guardianship of the child, if that agency 1107
is not the movant. 1108
2. The foster parent or legal cus todian in whose home the 1109
child resides. 1110
3. The parents. 1111
4. The guardian ad litem for the child , or the 1112
representative of the guardian ad litem program if the program 1113
has been appointed. 1114
5. The attorney ad litem for the child, if one is 1115
appointed. 1116
6. The child, if the child is 13 years of age or older. 1117
7. Any preadoptive parent. 1118
8. Such other persons as the court may direct. 1119
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1120
AGE.— 1121
(c) Review determinations. —The court and any citizen 1122
review panel shall take into consideration the information 1123
contained in the social services study and investigation and all 1124
medical, psychological, and educational records that support the 1125
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terms of the case plan; testimony by the social services agency, 1126
the parent, the foster parent or caregiver, the guardian ad 1127
litem, the or surrogate parent for educational decisionmaking if 1128
one has been appointed for the child, and any other person 1129
deemed appropriate; and any relevant and material evidence 1130
submitted to the court, including written and oral reports to 1131
the extent of their probative value. These reports and evidence 1132
may be received by the court in its effort to determine the 1133
action to be taken with regard to the child and may be relied 1134
upon to the extent of the ir probative value, even though not 1135
competent in an adjudicatory hearing. In its deliberations, the 1136
court and any citizen review panel shall seek to determine: 1137
1. If the parent was advised of the right to receive 1138
assistance from any person or social serv ice agency in the 1139
preparation of the case plan. 1140
2. If the parent has been advised of the right to have 1141
counsel present at the judicial review or citizen review 1142
hearings. If not so advised, the court or citizen review panel 1143
shall advise the parent of such right. 1144
3. If a guardian ad litem needs to be appointed for the 1145
child in a case in which a guardian ad litem has not previously 1146
been appointed or if there is a need to continue a guardian ad 1147
litem in a case in which a guardian ad litem has been appointed . 1148
4. Who holds the rights to make educational decisions for 1149
the child. If appropriate, the court may refer the child to the 1150
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district school superintendent for appointment of a surrogate 1151
parent or may itself appoint a surrogate parent under the 1152
Individuals with Disabilities Education Act and s. 39.0016. 1153
5. The compliance or lack of compliance of all parties 1154
with applicable items of the case plan, including the parents' 1155
compliance with child support orders. 1156
6. The compliance or lack of compliance with a visitation 1157
contract between the parent and the social service agency for 1158
contact with the child, including the frequency, duration, and 1159
results of the parent -child visitation and the reason for any 1160
noncompliance. 1161
7. The frequency, kind, and duration of contacts among 1162
siblings who have been separated during placement, as well as 1163
any efforts undertaken to reunite separated siblings if doing so 1164
is in the best interests of the child. 1165
8. The compliance or lack of compliance of the parent in 1166
meeting specified financial obligations pertaining to the care 1167
of the child, including the reason for failure to comply, if 1168
applicable. 1169
9. Whether the child is receiving safe and proper care 1170
according to s. 39.6012, including, but not limited to, the 1171
appropriateness of the child's current placement, including 1172
whether the child is in a setting that is as family -like and as 1173
close to the parent's home as possible, consistent with the 1174
child's best interests and special needs, and including 1175
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maintaining stability in the child' s educational placement, as 1176
documented by assurances from the community -based care lead 1177
agency that: 1178
a. The placement of the child takes into account the 1179
appropriateness of the current educational setting and the 1180
proximity to the school in which the chil d is enrolled at the 1181
time of placement. 1182
b. The community-based care lead agency has coordinated 1183
with appropriate local educational agencies to ensure that the 1184
child remains in the school in which the child is enrolled at 1185
the time of placement. 1186
10. A projected date likely for the child's return home or 1187
other permanent placement. 1188
11. When appropriate, the basis for the unwillingness or 1189
inability of the parent to become a party to a case plan. The 1190
court and the citizen review panel shall determine if the 1191
efforts of the social service agency to secure party 1192
participation in a case plan were sufficient. 1193
12. For a child who has reached 13 years of age but is not 1194
yet 18 years of age, the adequacy of the child's preparation for 1195
adulthood and independent livi ng. For a child who is 15 years of 1196
age or older, the court shall determine if appropriate steps are 1197
being taken for the child to obtain a driver license or 1198
learner's driver license. 1199
13. If amendments to the case plan are required. 1200
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Amendments to the case plan must be made under s. 39.6013. 1201
14. If the parents and caregivers have developed a 1202
productive relationship that includes meaningful communication 1203
and mutual support. 1204
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1205
At each review hearing he ld under this subsection, the court 1206
shall give the child and the guardian ad litem the opportunity 1207
to address the court and provide any information relevant to the 1208
child's best interest, particularly in relation to independent 1209
living transition services. T he foster parent or, legal 1210
custodian, or guardian ad litem may also provide any information 1211
relevant to the child's best interest to the court. In addition 1212
to the review and report required under paragraphs (1)(a) and 1213
(2)(a), respectively, and the review and report required under 1214
s. 39.822(2)(a)2., the court shall: 1215
(a) Inquire about the life skills the child has acquired 1216
and whether those services are age appropriate, at the first 1217
judicial review hearing held subsequent to the child's 16th 1218
birthday. At the judicial review hearing, the department shall 1219
provide the court with a report that includes specific 1220
information related to the life skills that the child has 1221
acquired since the child's 13th birthday or since the date the 1222
child came into foster care, whi chever came later. For any child 1223
who may meet the requirements for appointment of a guardian 1224
advocate under s. 393.12 or a guardian under chapter 744, the 1225
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updated case plan must be developed in a face -to-face conference 1226
with the child, if appropriate; the child's attorney ad litem, 1227
if one is appointed; the child's ; any court-appointed guardian 1228
ad litem; the temporary custodian of the child; and the parent 1229
of the child, if the parent's rights have not been terminated. 1230
(b) The court shall hold a judicial re view hearing within 1231
90 days after a child's 17th birthday. The court shall issue an 1232
order, separate from the order on judicial review, that the 1233
disability of nonage of the child has been removed under ss. 1234
743.044-743.047 for any disability that the court f inds is in 1235
the child's best interest to remove. The department shall 1236
include in the social study report for the first judicial review 1237
that occurs after the child's 17th birthday written verification 1238
that the child has: 1239
1. A current Medicaid card and all necessary information 1240
concerning the Medicaid program sufficient to prepare the child 1241
to apply for coverage upon reaching the age of 18, if such 1242
application is appropriate. 1243
2. A certified copy of the child's birth certificate and, 1244
if the child does not h ave a valid driver license, a Florida 1245
identification card issued under s. 322.051. 1246
3. A social security card and information relating to 1247
social security insurance benefits if the child is eligible for 1248
those benefits. If the child has received such benefi ts and they 1249
are being held in trust for the child, a full accounting of 1250
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these funds must be provided and the child must be informed as 1251
to how to access those funds. 1252
4. All relevant information related to the Road -to-1253
Independence Program under s. 409.1451 , including, but not 1254
limited to, eligibility requirements, information on 1255
participation, and assistance in gaining admission to the 1256
program. If the child is eligible for the Road -to-Independence 1257
Program, he or she must be advised that he or she may continu e 1258
to reside with the licensed family home or group care provider 1259
with whom the child was residing at the time the child attained 1260
his or her 18th birthday, in another licensed family home, or 1261
with a group care provider arranged by the department. 1262
5. An open bank account or the identification necessary to 1263
open a bank account and to acquire essential banking and 1264
budgeting skills. 1265
6. Information on public assistance and how to apply for 1266
public assistance. 1267
7. A clear understanding of where he or she will be living 1268
on his or her 18th birthday, how living expenses will be paid, 1269
and the educational program or school in which he or she will be 1270
enrolled. 1271
8. Information related to the ability of the child to 1272
remain in care until he or she reaches 21 years of a ge under s. 1273
39.013. 1274
9. A letter providing the dates that the child is under 1275
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the jurisdiction of the court. 1276
10. A letter stating that the child is in compliance with 1277
financial aid documentation requirements. 1278
11. The child's educational records. 1279
12. The child's entire health and mental health records. 1280
13. The process for accessing the child's case file. 1281
14. A statement encouraging the child to attend all 1282
judicial review hearings. 1283
15. Information on how to obtain a driver license or 1284
learner's driver license. 1285
(c) At the first judicial review hearing held subsequent 1286
to the child's 17th birthday, if the court determines pursuant 1287
to chapter 744 that there is a good faith basis to believe that 1288
the child qualifies for appointment of a guardian advocat e, 1289
limited guardian, or plenary guardian for the child and that no 1290
less restrictive decisionmaking assistance will meet the child's 1291
needs: 1292
1. The department shall complete a multidisciplinary 1293
report which must include, but is not limited to, a psychosoci al 1294
evaluation and educational report if such a report has not been 1295
completed within the previous 2 years. 1296
2. The department shall identify one or more individuals 1297
who are willing to serve as the guardian advocate under s. 1298
393.12 or as the plenary or limi ted guardian under chapter 744. 1299
Any other interested parties or participants may make efforts to 1300
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identify such a guardian advocate, limited guardian, or plenary 1301
guardian. The child's biological or adoptive family members, 1302
including the child's parents if t he parents' rights have not 1303
been terminated, may not be considered for service as the 1304
plenary or limited guardian unless the court enters a written 1305
order finding that such an appointment is in the child's best 1306
interests. 1307
3. Proceedings may be initiated w ithin 180 days after the 1308
child's 17th birthday for the appointment of a guardian 1309
advocate, plenary guardian, or limited guardian for the child in 1310
a separate proceeding in the court division with jurisdiction 1311
over guardianship matters and pursuant to chapte r 744. The 1312
Legislature encourages the use of pro bono representation to 1313
initiate proceedings under this section. 1314
4. In the event another interested party or participant 1315
initiates proceedings for the appointment of a guardian 1316
advocate, plenary guardian, o r limited guardian for the child, 1317
the department shall provide all necessary documentation and 1318
information to the petitioner to complete a petition under s. 1319
393.12 or chapter 744 within 45 days after the first judicial 1320
review hearing after the child's 17th birthday. 1321
5. Any proceedings seeking appointment of a guardian 1322
advocate or a determination of incapacity and the appointment of 1323
a guardian must be conducted in a separate proceeding in the 1324
court division with jurisdiction over guardianship matters and 1325
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pursuant to chapter 744. 1326
(d) If the court finds at the judicial review hearing 1327
after the child's 17th birthday that the department has not met 1328
its obligations to the child as stated in this part, in the 1329
written case plan, or in the provision of independen t living 1330
services, the court may issue an order directing the department 1331
to show cause as to why it has not done so. If the department 1332
cannot justify its noncompliance, the court may give the 1333
department 30 days within which to comply. If the department 1334
fails to comply within 30 days, the court may hold the 1335
department in contempt. 1336
(e) If necessary, the court may review the status of the 1337
child more frequently during the year before the child's 18th 1338
birthday. At the last review hearing before the child reach es 18 1339
years of age, and in addition to the requirements of subsection 1340
(2), the court shall: 1341
1. Address whether the child plans to remain in foster 1342
care, and, if so, ensure that the child's transition plan 1343
includes a plan for meeting one or more of the cr iteria 1344
specified in s. 39.6251 and determine if the child has entered 1345
into a formal agreement for an ongoing relationship with a 1346
supportive adult. 1347
2. Ensure that the transition plan includes a supervised 1348
living arrangement under s. 39.6251. 1349
3. Ensure the child has been informed of: 1350
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a. The right to continued support and services from the 1351
department and the community -based care lead agency. 1352
b. The right to request termination of dependency 1353
jurisdiction and be discharged from foster care. 1354
c. The opportunity to reenter foster care under s. 1355
39.6251. 1356
4. Ensure that the child, if he or she requests 1357
termination of dependency jurisdiction and discharge from foster 1358
care, has been informed of: 1359
a. Services or benefits for which the child may be 1360
eligible based on his or her former placement in foster care, 1361
including, but not limited to, the assistance of the Office of 1362
Continuing Care under s. 414.56. 1363
b. Services or benefits that may be lost through 1364
termination of dependency jurisdiction. 1365
c. Other federal, state, local, or community -based 1366
services or supports available to him or her. 1367
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1368
During each period of time that a young adult remains in foster 1369
care, the court shall review the status of the young adu lt at 1370
least every 6 months and must hold a permanency review hearing 1371
at least annually. 1372
(e)1. Notwithstanding the provisions of this subsection, 1373
if a young adult has chosen to remain in extended foster care 1374
after he or she has reached 18 years of age, the department may 1375
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not close a case and the court may not terminate jurisdiction 1376
until the court finds, following a hearing, that the following 1377
criteria have been met: 1378
a.1. Attendance of the young adult at the hearing; or 1379
b.2. Findings by the court that: 1380
(I)a. The young adult has been informed by the department 1381
of his or her right to attend the hearing and has provided 1382
written consent to waive this right; and 1383
(II)b. The young adult has been informed of the potential 1384
negative effects of early termination of care, the option to 1385
reenter care before reaching 21 years of age, the procedure for, 1386
and limitations on, reentering care, and the availability of 1387
alternative services, and has signed a document attesting that 1388
he or she has been so informed and understands these provisions; 1389
or 1390
(III)c. The young adult has voluntarily left the program, 1391
has not signed the document in sub -subparagraph b., and is 1392
unwilling to participate in any further court proceeding. 1393
2.3. In all permanency hearings or hearings regarding the 1394
transition of the young adult from care to independent living, 1395
the court shall consult with the young adult regarding the 1396
proposed permanency plan, case plan, and individual education 1397
plan for the young adult and ensure that he or she has 1398
understood the conversation. The court shall also inquire of the 1399
young adult regarding his or her relat ionship with the 1400
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supportive adult with whom the young adult has entered into a 1401
formal agreement for an ongoing relationship, if such agreement 1402
exists. 1403
Section 25. Paragraph (a) of subsection (3) of section 1404
39.801, Florida Statutes, is amended to read: 1405
39.801 Procedures and jurisdiction; notice; service of 1406
process.— 1407
(3) Before the court may terminate parental rights, in 1408
addition to the other requirements set forth in this part, the 1409
following requirements must be met: 1410
(a) Notice of the date, time, a nd place of the advisory 1411
hearing for the petition to terminate parental rights; if 1412
applicable, instructions for appearance through audio -video 1413
communication technology; and a copy of the petition must be 1414
personally served upon the following persons, specif ically 1415
notifying them that a petition has been filed: 1416
1. The parents of the child. 1417
2. The legal custodians of the child. 1418
3. If the parents who would be entitled to notice are dead 1419
or unknown, a living relative of the child, unless upon diligent 1420
search and inquiry no such relative can be found. 1421
4. Any person who has physical custody of the child. 1422
5. Any grandparent entitled to priority for adoption under 1423
s. 63.0425. 1424
6. Any prospective parent who has been identified under s. 1425
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39.503 or s. 39.803, u nless a court order has been entered 1426
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1427
indicates no further notice is required. Except as otherwise 1428
provided in this section, if there is not a legal father, notice 1429
of the petition for termination of parental rights must be 1430
provided to any known prospective father who is identified under 1431
oath before the court or who is identified by a diligent search 1432
of the Florida Putative Father Registry. Service of the notice 1433
of the petition for termination of pa rental rights is not 1434
required if the prospective father executes an affidavit of 1435
nonpaternity or a consent to termination of his parental rights 1436
which is accepted by the court after notice and opportunity to 1437
be heard by all parties to address the best inte rests of the 1438
child in accepting such affidavit. 1439
7. The guardian ad litem for the child or the 1440
representative of the guardian ad litem program, if the program 1441
has been appointed. 1442
1443
A party may consent to service or notice by e -mail by providing 1444
a primary e-mail address to the clerk of the court. The document 1445
containing the notice to respond or appear must contain, in type 1446
at least as large as the type in the balance of the document, 1447
the following or substantially similar language: "FAILURE TO 1448
APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1449
TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1450
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YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1451
ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1452
THE PETITION ATTACHED TO THIS NOTICE." 1453
Section 26. Subsection (2) of section 39.807, Florida 1454
Statutes, is amended to read: 1455
39.807 Right to counsel; guardian ad litem. — 1456
(2)(a) The court shall appoint a guardian ad litem to 1457
represent the best interest of the child in any termination of 1458
parental rights proceedings and shall ascertain at each stage of 1459
the proceedings whether a guardian ad litem has been appointed. 1460
(b) The guardian ad litem has the following 1461
responsibilities and authorities listed in s. 39.822. : 1462
1. To investigate the allegations of the petition and any 1463
subsequent matters arising in the case and, 1464
(c) Unless excused by the court, the guardian ad litem 1465
must to file a written report. This report must include a 1466
statement of the wishes of the child and the re commendations of 1467
the guardian ad litem and must be provided to all parties and 1468
the court at least 72 hours before the disposition hearing. 1469
2. To be present at all court hearings unless excused by 1470
the court. 1471
3. To represent the best interests of the chi ld until the 1472
jurisdiction of the court over the child terminates or until 1473
excused by the court. 1474
(c) A guardian ad litem is not required to post bond but 1475
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shall file an acceptance of the office. 1476
(d) A guardian ad litem is entitled to receive service of 1477
pleadings and papers as provided by the Florida Rules of 1478
Juvenile Procedure. 1479
(d)(e) This subsection does not apply to any voluntary 1480
relinquishment of parental rights proceeding. 1481
Section 27. Subsection (2) of section 39.808, Florida 1482
Statutes, is amended to read: 1483
39.808 Advisory hearing; pretrial status conference. — 1484
(2) At the hearing the court shall inform the parties of 1485
their rights under s. 39.807, shall appoint counsel for the 1486
parties in accordance with legal requirements, and shall appoint 1487
a guardian ad litem to represent the interests of the child if 1488
one has not already been appointed. 1489
Section 28. Subsection (2) of section 39.815, Florida 1490
Statutes, is amended to read: 1491
39.815 Appeal.— 1492
(2) An attorney for the department shall represent th e 1493
state upon appeal. When a notice of appeal is filed in the 1494
circuit court, the clerk shall notify the attorney for the 1495
department, together with the attorney for the parent, the 1496
guardian ad litem, and the any attorney ad litem for the child, 1497
if one is appointed. 1498
Section 29. Section 39.820, Florida Statutes, is repealed. 1499
Section 30. Subsections (1) and (3) of section 39.821, 1500
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Florida Statutes, are amended to read: 1501
39.821 Qualifications of guardians ad litem. — 1502
(1) Because of the special trust or r esponsibility placed 1503
in a guardian ad litem, the Statewide Guardian ad Litem Office 1504
Program may use any private funds collected by the office 1505
program, or any state funds so designated, to conduct a security 1506
background investigation before certifying a volu nteer to serve. 1507
A security background investigation must include, but need not 1508
be limited to, employment history checks, checks of references, 1509
local criminal history records checks through local law 1510
enforcement agencies, and statewide criminal history reco rds 1511
checks through the Department of Law Enforcement. Upon request, 1512
an employer shall furnish a copy of the personnel record for the 1513
employee or former employee who is the subject of a security 1514
background investigation conducted under this section. The 1515
information contained in the personnel record may include, but 1516
need not be limited to, disciplinary matters and the reason why 1517
the employee was terminated from employment. An employer who 1518
releases a personnel record for purposes of a security 1519
background investigation is presumed to have acted in good faith 1520
and is not liable for information contained in the record 1521
without a showing that the employer maliciously falsified the 1522
record. A security background investigation conducted under this 1523
section must ensure th at a person is not certified as a guardian 1524
ad litem if the person has an arrest awaiting final disposition 1525
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for, been convicted of, regardless of adjudication, entered a 1526
plea of nolo contendere or guilty to, or been adjudicated 1527
delinquent and the record has not been sealed or expunged for, 1528
any offense prohibited under the provisions listed in s. 435.04. 1529
All applicants must undergo a level 2 background screening 1530
pursuant to chapter 435 before being certified to serve as a 1531
guardian ad litem. In analyzing and e valuating the information 1532
obtained in the security background investigation, the office 1533
program must give particular emphasis to past activities 1534
involving children, including, but not limited to, child -related 1535
criminal offenses or child abuse. The office program has sole 1536
discretion in determining whether to certify a person based on 1537
his or her security background investigation. The information 1538
collected pursuant to the security background investigation is 1539
confidential and exempt from s. 119.07(1). 1540
(3) It is a misdemeanor of the first degree, punishable as 1541
provided in s. 775.082 or s. 775.083, for any person to 1542
willfully, knowingly, or intentionally fail, by false statement, 1543
misrepresentation, impersonation, or other fraudulent means, to 1544
disclose in any application for a volunteer position or for paid 1545
employment with the Statewide Guardian ad Litem Office Program, 1546
any material fact used in making a determination as to the 1547
applicant's qualifications for such position. 1548
Section 31. Section 39.822, Florida S tatutes, is amended 1549
to read: 1550
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39.822 Appointment of guardian ad litem for abused, 1551
abandoned, or neglected child. — 1552
(1) A guardian ad litem shall be appointed by the court at 1553
the earliest possible time to represent the child in any child 1554
abuse, abandonment, or neglect judicial proceeding, whether 1555
civil or criminal. A guardian ad litem is a fiduciary and must 1556
provide independent representation of the child using a best 1557
interest standard of decisionmaking and advocacy. 1558
(2)(a) A guardian ad litem must: 1559
1. Be present at all court hearings unless excused by the 1560
court. 1561
2. Investigate issues related to the best interest of the 1562
child who is the subject of the appointment, review all 1563
disposition recommendations and changes in placement, and, 1564
unless excused by the court, file written reports and 1565
recommendations in accordance with general law. 1566
3. Represent the child until the court's jurisdiction over 1567
the child terminates or until excused by the court. 1568
4. Advocate for the child's participation in the 1569
proceedings and to report the child's preferences to the court, 1570
to the extent the child has the ability and desire to express 1571
his or her preferences. 1572
5. Perform other duties that are consistent with the scope 1573
of the appointment. 1574
(b) A guardian ad litem shall h ave immediate and unlimited 1575
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access to the children he or she represents. 1576
(c) A guardian ad litem is not required to post bond but 1577
must file an acceptance of the appointment. 1578
(d) A guardian ad litem is entitled to receive service of 1579
pleadings and papers as provided by the Florida Rules of 1580
Juvenile Procedure. 1581
(3) Any person participating in a civil or criminal 1582
judicial proceeding resulting from such appointment shall be 1583
presumed prima facie to be acting in good faith and in so doing 1584
shall be immune from any liability, civil or criminal, that 1585
otherwise might be incurred or imposed. 1586
(4)(2) In those cases in which the parents are financially 1587
able, the parent or parents of the child shall reimburse the 1588
court, in part or in whole, for the cost of provision of 1589
guardian ad litem representation services. Reimbursement to the 1590
individual providing guardian ad litem representation is not 1591
services shall not be contingent upon successful collection by 1592
the court from the parent or parents. 1593
(5)(3) Upon presentation by a guardian ad litem of a court 1594
order appointing the guardian ad litem: 1595
(a) An agency, as defined in chapter 119, shall allow the 1596
guardian ad litem to inspect and copy records related to the 1597
best interests of the child who is the su bject of the 1598
appointment, including, but not limited to, records made 1599
confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1600
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the State Constitution. The guardian ad litem shall maintain the 1601
confidential or exempt status of any records shared by an agency 1602
under this paragraph. 1603
(b) A person or an organization, other than an agency 1604
under paragraph (a), shall allow the guardian ad litem to 1605
inspect and copy any records related to the best interests of 1606
the child who is the subject of the appointment, including, but 1607
not limited to, confidential records . 1608
1609
For the purposes of this subsection, the term "records related 1610
to the best interests of the child" includes, but is not limited 1611
to, medical, mental health, substance abuse, child care, 1612
education, law enforcement, court, social services, and 1613
financial records. 1614
(4) The guardian ad litem or the program representative 1615
shall review all disposition recommendations and changes in 1616
placements, and must be present at all critical stages of the 1617
dependency proceeding or submit a written report of 1618
recommendations to the court. Written reports must be filed with 1619
the court and served on all parties whose whereabouts are known 1620
at least 72 hours prior to the hearing. 1621
Section 32. Subsection (4) of section 39.827, Florida 1622
Statutes, is amended to read: 1623
39.827 Hearing for appointment of a guardian advocate. — 1624
(4) The hearing under this section must shall remain 1625
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confidential and closed to the public. The clerk shall keep all 1626
court records required by this part separate from other records 1627
of the circuit court. All court records required by this part 1628
are shall be confidential and exempt from the provisions of s. 1629
119.07(1). All Records may only shall be inspected only upon 1630
order of the court by persons deemed by the court to have a 1631
proper interest therein, except that a ch ild and the parents or 1632
custodians of the child and their attorneys , the guardian ad 1633
litem, and the department and its designees , and the attorney ad 1634
litem, if one is appointed, shall always have the right to 1635
inspect and copy any official record pertaining to the child. 1636
The court may permit authorized representatives of recognized 1637
organizations compiling statistics for proper purposes to 1638
inspect and make abstracts from official records, under whatever 1639
conditions upon their use and disposition the court may d eem 1640
proper, and may punish by contempt proceedings any violation of 1641
those conditions. All information obtained pursuant to this part 1642
in the discharge of official duty by any judge, employee of the 1643
court, or authorized agent of the department is shall be 1644
confidential and exempt from the provisions of s. 119.07(1) and 1645
may shall not be disclosed to anyone other than the authorized 1646
personnel of the court or the department and its designees, 1647
except upon order of the court. 1648
Section 33. Paragraphs (a), (b), an d (d) of subsection (1) 1649
and subsection (2) of section 39.8296, Florida Statutes, are 1650
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amended to read: 1651
39.8296 Statewide Guardian ad Litem Office; legislative 1652
findings and intent; creation; appointment of executive 1653
director; duties of office. — 1654
(1) LEGISLATIVE FINDINGS AND INTENT. — 1655
(a) The Legislature finds that for the past 20 years, the 1656
Statewide Guardian Ad Litem Office Program has been the only 1657
mechanism for best interest representation for children in 1658
Florida who are involved in dependency proceedi ngs. 1659
(b) The Legislature also finds that while the Statewide 1660
Guardian Ad Litem Office Program has been supervised by court 1661
administration within the circuit courts since the office's 1662
program's inception, there is a perceived conflict of interest 1663
created by the supervision of program staff by the judges before 1664
whom they appear. 1665
(d) It is therefore the intent of the Legislature to place 1666
the Statewide Guardian Ad Litem Office Program in an appropriate 1667
place and provide a statewide infrastructure to increas e 1668
functioning and standardization among the local offices programs 1669
currently operating in the 20 judicial circuits. 1670
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1671
Statewide Guardian ad Litem Office within the Justice 1672
Administrative Commission . The Justice Administrative Commission 1673
shall provide administrative support and service to the office 1674
to the extent requested by the executive director within the 1675
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available resources of the commission. The Statewide Guardian ad 1676
Litem Office is not subject to control, supervision, or 1677
direction by the Justice Administrative Commission in the 1678
performance of its duties, but the employees of the office are 1679
governed by the classification plan and salary and benefits plan 1680
approved by the Justice Administrative Co mmission. 1681
(a) The head of the Statewide Guardian ad Litem Office is 1682
the executive director, who shall be appointed by the Governor 1683
from a list of a minimum of three eligible applicants submitted 1684
by a Guardian ad Litem Qualifications Committee. The Guardi an ad 1685
Litem Qualifications Committee shall be composed of five 1686
persons, two persons appointed by the Governor, two persons 1687
appointed by the Chief Justice of the Supreme Court, and one 1688
person appointed by the Statewide Guardian ad Litem Office 1689
Association. The committee shall provide for statewide 1690
advertisement and the receiving of applications for the position 1691
of executive director. The Governor shall appoint an executive 1692
director from among the recommendations, or the Governor may 1693
reject the nominations an d request the submission of new 1694
nominees. The executive director must have knowledge in 1695
dependency law and knowledge of social service delivery systems 1696
available to meet the needs of children who are abused, 1697
neglected, or abandoned. The executive director shall serve on a 1698
full-time basis and shall personally, or through representatives 1699
of the office, carry out the purposes and functions of the 1700
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Statewide Guardian ad Litem Office in accordance with state and 1701
federal law and the state's long -established policy of 1702
prioritizing children's best interests . The executive director 1703
shall report to the Governor. The executive director shall serve 1704
a 3-year term, subject to removal for cause by the Governor. Any 1705
person appointed to serve as the executive director may be 1706
permitted to serve more than one term without the necessity of 1707
convening the Guardian ad Litem Qualifications Committee . 1708
(b) The Statewide Guardian ad Litem Office shall, within 1709
available resources, have oversight responsibilities for and 1710
provide technical assistance to all guardian ad litem and 1711
attorney ad litem offices programs located within the judicial 1712
circuits. 1713
1. The office shall identify the resources required to 1714
implement methods of collecting, reporting, and tracking 1715
reliable and consistent ca se data. 1716
2. The office shall review the current guardian ad litem 1717
offices programs in Florida and other states. 1718
3. The office, in consultation with local guardian ad 1719
litem offices, shall develop statewide performance measures and 1720
standards. 1721
4. The office shall develop and maintain a guardian ad 1722
litem training program , which must be updated regularly , which 1723
shall include, but is not limited to, training on the 1724
recognition of and responses to head trauma and brain injury in 1725
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a child under 6 years of age. The office shall establish a 1726
curriculum committee to develop the training program specified 1727
in this subparagraph. The curriculum committee shall include, 1728
but not be limited to, dependency judges, directors of circuit 1729
guardian ad litem programs, active cer tified guardians ad litem, 1730
a mental health professional who specializes in the treatment of 1731
children, a member of a child advocacy group, a representative 1732
of a domestic violence advocacy group, an individual with a 1733
degree in social work, and a social worke r experienced in 1734
working with victims and perpetrators of child abuse . 1735
5. The office shall review the various methods of funding 1736
guardian ad litem offices programs, maximize the use of those 1737
funding sources to the extent possible, and review the kinds of 1738
services being provided by circuit guardian ad litem offices 1739
programs. 1740
6. The office shall determine the feasibility or 1741
desirability of new concepts of organization, administration, 1742
financing, or service delivery designed to preserve the civil 1743
and constitutional rights and fulfill other needs of dependent 1744
children. 1745
7. The office shall ensure that each child has an attorney 1746
assigned to his or her case and, within available resources, is 1747
represented using multidisciplinary teams that may include 1748
volunteers, pro bono attorneys, social workers, and mentors. 1749
8. The office shall provide oversight and technical 1750
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assistance to attorneys ad litem, including, but not limited to, 1751
all of the following: 1752
a. Develop an attorney ad litem training program in 1753
collaboration with dependency court stakeholders, including, but 1754
not limited to, dependency judges, representatives from legal 1755
aid providing attorney ad litem representation, and an attorney 1756
ad litem appointed from a registry maintained by the chief 1757
judge. The training program must be updated regularly with or 1758
without convening the stakeholders group. 1759
b. Offer consultation and technical assistance to chief 1760
judges in maintaining attorney registries for the selection of 1761
attorneys ad litem. 1762
c. Assist with recruitm ent, training, and mentoring of 1763
attorneys ad litem as needed. 1764
9.7. In an effort to promote normalcy and establish trust 1765
between a court-appointed volunteer guardian ad litem and a 1766
child alleged to be abused, abandoned, or neglected under this 1767
chapter, a guardian ad litem may transport a child. However, a 1768
guardian ad litem volunteer may not be required by a guardian ad 1769
litem circuit office or ordered by or directed by the program or 1770
a court to transport a child. 1771
10.8. The office shall submit to the Gover nor, the 1772
President of the Senate, the Speaker of the House of 1773
Representatives, and the Chief Justice of the Supreme Court an 1774
interim report describing the progress of the office in meeting 1775
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the goals as described in this section. The office shall submit 1776
to the Governor, the President of the Senate, the Speaker of the 1777
House of Representatives, and the Chief Justice of the Supreme 1778
Court a proposed plan including alternatives for meeting the 1779
state's guardian ad litem and attorney ad litem needs. This plan 1780
may include recommendations for less than the entire state, may 1781
include a phase-in system, and shall include estimates of the 1782
cost of each of the alternatives. Each year the office shall 1783
provide a status report and provide further recommendations to 1784
address the need for guardian ad litem representation services 1785
and related issues. 1786
Section 34. Section 39.8297, Florida Statutes, is amended 1787
to read: 1788
39.8297 County funding for guardian ad litem employees. — 1789
(1) A county and the executive director of the Statewide 1790
Guardian ad Litem Office may enter into an agreement by which 1791
the county agrees to provide funds to the local guardian ad 1792
litem office in order to employ persons who will assist in the 1793
operation of the guardian ad litem office program in the county. 1794
(2) The agreement, at a minimum, must provide that: 1795
(a) Funding for the persons who are employed will be 1796
provided on at least a fiscal -year basis. 1797
(b) The persons who are employed will be hired, 1798
supervised, managed, and terminated by the executive director of 1799
the Statewide Guardian ad Litem Office. The statewide office is 1800
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responsible for compliance with all requirements of federal and 1801
state employment laws, and shall fully indemnify the county from 1802
any liability under such laws, as authorized by s. 768.28(19), 1803
to the extent such liability is the result of the acts or 1804
omissions of the Statewide Guardian ad Litem Office or its 1805
agents or employees. 1806
(c) The county is the employer for purposes of s. 440. 10 1807
and chapter 443. 1808
(d) Employees funded by the county under this section and 1809
other county employees may be aggregated for purposes of a 1810
flexible benefits plan pursuant to s. 125 of the Internal 1811
Revenue Code of 1986. 1812
(e) Persons employed under this sec tion may be terminated 1813
after a substantial breach of the agreement or because funding 1814
to the guardian ad litem office program has expired. 1815
(3) Persons employed under this section may not be counted 1816
in a formula or similar process used by the Statewide Gu ardian 1817
ad Litem Office to measure personnel needs of a judicial 1818
circuit's guardian ad litem office program. 1819
(4) Agreements created pursuant to this section do not 1820
obligate the state to allocate funds to a county to employ 1821
persons in the guardian ad litem office program. 1822
Section 35. Subsection (6) is added to section 414.56, 1823
Florida Statutes, to read: 1824
414.56 Office of Continuing Care. —The department shall 1825
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establish an Office of Continuing Care to ensure young adults 1826
who age out of the foster care sys tem between 18 and 21 years of 1827
age, or 22 years of age with a documented disability, have a 1828
point of contact until the young adult reaches the age of 26 in 1829
order to receive ongoing support and care coordination needed to 1830
achieve self-sufficiency. Duties of the office include, but are 1831
not limited to: 1832
(6) Working in coordination with the Statewide Guardian ad 1833
Litem Office to identify supportive adults for children 1834
transitioning out of foster care to live independently, in 1835
accordance with s. 39.6036. 1836
Section 36. Section 1009.898, Florida Statutes, is created 1837
to read: 1838
1009.898 Fostering Prosperity grants. — 1839
(1) The Fostering Prosperity program shall administer the 1840
following grants to youth and young adults aging out of foster 1841
care: 1842
(a) Grants to provi de financial literacy instruction using 1843
a curriculum developed by the Department of Financial Services 1844
in consultation with the Department of Education. 1845
(b) Grants to provide SAT, ACT, or CLT preparation, 1846
including one-on-one support and fee waivers for the 1847
examinations. 1848
(c) Grants to youth and young adults planning to pursue 1849
trade careers or paid apprenticeships. 1850
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(2) If a youth who is aging out of foster care is reunited 1851
with his or her parents, the grants remain available for the 1852
youth for up to 1 year after reunification. 1853
(3) The State Board of Education shall adopt rules to 1854
administer this section. 1855
Section 37. Subsection (1) of section 29.008, Florida 1856
Statutes, is amended to read: 1857
29.008 County funding of court -related functions.— 1858
(1) Counties are required by s. 14, Art. V of the State 1859
Constitution to fund the cost of communications services, 1860
existing radio systems, existing multiagency criminal justice 1861
information systems, and the cost of construction or lease, 1862
maintenance, utilities, and security of facilities for the 1863
circuit and county courts, public defenders' offices, state 1864
attorneys' offices, guardian ad litem offices, and the offices 1865
of the clerks of the circuit and county courts performing court -1866
related functions. For purposes of th is section, the term 1867
"circuit and county courts" includes the offices and staffing of 1868
the guardian ad litem offices programs, and the term "public 1869
defenders' offices" includes the offices of criminal conflict 1870
and civil regional counsel. The county designat ed under s. 1871
35.05(1) as the headquarters for each appellate district shall 1872
fund these costs for the appellate division of the public 1873
defender's office in that county. For purposes of implementing 1874
these requirements, the term: 1875
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(a) "Facility" means reasona ble and necessary buildings 1876
and office space and appurtenant equipment and furnishings, 1877
structures, real estate, easements, and related interests in 1878
real estate, including, but not limited to, those for the 1879
purpose of housing legal materials for use by the general public 1880
and personnel, equipment, or functions of the circuit or county 1881
courts, public defenders' offices, state attorneys' offices, and 1882
court-related functions of the office of the clerks of the 1883
circuit and county courts and all storage. The term "facility" 1884
includes all wiring necessary for court reporting services. The 1885
term also includes access to parking for such facilities in 1886
connection with such court -related functions that may be 1887
available free or from a private provider or a local government 1888
for a fee. The office space provided by a county may not be less 1889
than the standards for space allotment adopted by the Department 1890
of Management Services, except this requirement applies only to 1891
facilities that are leased, or on which construction commences , 1892
after June 30, 2003. County funding must include physical 1893
modifications and improvements to all facilities as are required 1894
for compliance with the Americans with Disabilities Act. Upon 1895
mutual agreement of a county and the affected entity in this 1896
paragraph, the office space provided by the county may vary from 1897
the standards for space allotment adopted by the Department of 1898
Management Services. 1899
1. As of July 1, 2005, equipment and furnishings shall be 1900
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limited to that appropriate and customary for courtroom s, 1901
hearing rooms, jury facilities, and other public areas in 1902
courthouses and any other facility occupied by the courts, state 1903
attorneys, public defenders, guardians ad litem, and criminal 1904
conflict and civil regional counsel. Court reporting equipment 1905
in these areas or facilities is not a responsibility of the 1906
county. 1907
2. Equipment and furnishings under this paragraph in 1908
existence and owned by counties on July 1, 2005, except for that 1909
in the possession of the clerks, for areas other than 1910
courtrooms, hearing rooms, jury facilities, and other public 1911
areas in courthouses and any other facility occupied by the 1912
courts, state attorneys, and public defenders, shall be 1913
transferred to the state at no charge. This provision does not 1914
apply to any communications service s as defined in paragraph 1915
(f). 1916
(b) "Construction or lease" includes, but is not limited 1917
to, all reasonable and necessary costs of the acquisition or 1918
lease of facilities for all judicial officers, staff, jurors, 1919
volunteers of a tenant agency, and the publ ic for the circuit 1920
and county courts, the public defenders' offices, state 1921
attorneys' offices, and for performing the court -related 1922
functions of the offices of the clerks of the circuit and county 1923
courts. This includes expenses related to financing such 1924
facilities and the existing and future cost and bonded 1925
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indebtedness associated with placing the facilities in use. 1926
(c) "Maintenance" includes, but is not limited to, all 1927
reasonable and necessary costs of custodial and groundskeeping 1928
services and renovation and reconstruction as needed to 1929
accommodate functions for the circuit and county courts, the 1930
public defenders' offices, and state attorneys' offices and for 1931
performing the court -related functions of the offices of the 1932
clerks of the circuit and county cour t and for maintaining the 1933
facilities in a condition appropriate and safe for the use 1934
intended. 1935
(d) "Utilities" means all electricity services for light, 1936
heat, and power; natural or manufactured gas services for light, 1937
heat, and power; water and wastewate r services and systems, 1938
stormwater or runoff services and systems, sewer services and 1939
systems, all costs or fees associated with these services and 1940
systems, and any costs or fees associated with the mitigation of 1941
environmental impacts directly related to t he facility. 1942
(e) "Security" includes but is not limited to, all 1943
reasonable and necessary costs of services of law enforcement 1944
officers or licensed security guards and all electronic, 1945
cellular, or digital monitoring and screening devices necessary 1946
to ensure the safety and security of all persons visiting or 1947
working in a facility; to provide for security of the facility, 1948
including protection of property owned by the county or the 1949
state; and for security of prisoners brought to any facility. 1950
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This includes bailiffs while providing courtroom and other 1951
security for each judge and other quasi -judicial officers. 1952
(f) "Communications services" are defined as any 1953
reasonable and necessary transmission, emission, and reception 1954
of signs, signals, writings, images, and sounds of intelligence 1955
of any nature by wire, radio, optical, audio equipment, or other 1956
electromagnetic systems and includes all facilities and 1957
equipment owned, leased, or used by judges, clerks, public 1958
defenders, state attorneys, guardians ad litem, crim inal 1959
conflict and civil regional counsel, and all staff of the state 1960
courts system, state attorneys' offices, public defenders' 1961
offices, and clerks of the circuit and county courts performing 1962
court-related functions. Such system or services shall include, 1963
but not be limited to: 1964
1. Telephone system infrastructure, including computer 1965
lines, telephone switching equipment, and maintenance, and 1966
facsimile equipment, wireless communications, cellular 1967
telephones, pagers, and video teleconferencing equipment and 1968
line charges. Each county shall continue to provide access to a 1969
local carrier for local and long distance service and shall pay 1970
toll charges for local and long distance service. 1971
2. All computer networks, systems and equipment, including 1972
computer hardware and software, modems, printers, wiring, 1973
network connections, maintenance, support staff or services 1974
including any county -funded support staff located in the offices 1975
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of the circuit court, county courts, state attorneys, public 1976
defenders, guardians ad litem, and criminal conflict and civil 1977
regional counsel; training, supplies, and line charges necessary 1978
for an integrated computer system to support the operations and 1979
management of the state courts system, the offices of the public 1980
defenders, the offices of the state attorneys, the guardian ad 1981
litem offices, the offices of criminal conflict and civil 1982
regional counsel, and the offices of the clerks of the circuit 1983
and county courts; and the capability to connect those entities 1984
and reporting data to the state as re quired for the transmission 1985
of revenue, performance accountability, case management, data 1986
collection, budgeting, and auditing purposes. The integrated 1987
computer system shall be operational by July 1, 2006, and, at a 1988
minimum, permit the exchange of financial , performance 1989
accountability, case management, case disposition, and other 1990
data across multiple state and county information systems 1991
involving multiple users at both the state level and within each 1992
judicial circuit and be able to electronically exchange ju dicial 1993
case background data, sentencing scoresheets, and video evidence 1994
information stored in integrated case management systems over 1995
secure networks. Once the integrated system becomes operational, 1996
counties may reject requests to purchase communications s ervices 1997
included in this subparagraph not in compliance with standards, 1998
protocols, or processes adopted by the board established 1999
pursuant to former s. 29.0086. 2000
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3. Courier messenger and subpoena services. 2001
4. Auxiliary aids and services for qualified ind ividuals 2002
with a disability which are necessary to ensure access to the 2003
courts. Such auxiliary aids and services include, but are not 2004
limited to, sign language interpretation services required under 2005
the federal Americans with Disabilities Act other than ser vices 2006
required to satisfy due -process requirements and identified as a 2007
state funding responsibility pursuant to ss. 29.004 -29.007, 2008
real-time transcription services for individuals who are hearing 2009
impaired, and assistive listening devices and the equipment 2010
necessary to implement such accommodations. 2011
(g) "Existing radio systems" includes, but is not limited 2012
to, law enforcement radio systems that are used by the circuit 2013
and county courts, the offices of the public defenders, the 2014
offices of the state attorney s, and for court-related functions 2015
of the offices of the clerks of the circuit and county courts. 2016
This includes radio systems that were operational or under 2017
contract at the time Revision No. 7, 1998, to Art. V of the 2018
State Constitution was adopted and any enhancements made 2019
thereafter, the maintenance of those systems, and the personnel 2020
and supplies necessary for operation. 2021
(h) "Existing multiagency criminal justice information 2022
systems" includes, but is not limited to, those components of 2023
the multiagency criminal justice information system as defined 2024
in s. 943.045, supporting the offices of the circuit or county 2025
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courts, the public defenders' offices, the state attorneys' 2026
offices, or those portions of the offices of the clerks of the 2027
circuit and county court s performing court-related functions 2028
that are used to carry out the court -related activities of those 2029
entities. This includes upgrades and maintenance of the current 2030
equipment, maintenance and upgrades of supporting technology 2031
infrastructure and associated staff, and services and expenses 2032
to assure continued information sharing and reporting of 2033
information to the state. The counties shall also provide 2034
additional information technology services, hardware, and 2035
software as needed for new judges and staff of th e state courts 2036
system, state attorneys' offices, public defenders' offices, 2037
guardian ad litem offices, and the offices of the clerks of the 2038
circuit and county courts performing court -related functions. 2039
Section 38. Paragraph (a) of subsection (1) of sec tion 2040
39.6011, Florida Statutes, is amended to read: 2041
39.6011 Case plan development. — 2042
(1) The department shall prepare a draft of the case plan 2043
for each child receiving services under this chapter. A parent 2044
of a child may not be threatened or coerced wit h the loss of 2045
custody or parental rights for failing to admit in the case plan 2046
of abusing, neglecting, or abandoning a child. Participating in 2047
the development of a case plan is not an admission to any 2048
allegation of abuse, abandonment, or neglect, and it is not a 2049
consent to a finding of dependency or termination of parental 2050
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rights. The case plan shall be developed subject to the 2051
following requirements: 2052
(a) The case plan must be developed in a face -to-face 2053
conference with the parent of the child, the any court-appointed 2054
guardian ad litem, and, if appropriate, the child and the 2055
temporary custodian of the child. 2056
Section 39. Subsection (8) of section 40.24, Florida 2057
Statutes, is amended to read: 2058
40.24 Compensation and reimbursement policy. — 2059
(8) In circuits that elect to allow jurors to donate their 2060
jury service fee upon conclusion of juror service, each juror 2061
may irrevocably donate all of the juror's compensation to the 26 2062
U.S.C. s. 501(c)(3) organization specified by the Statewide 2063
Guardian ad Litem Office program or to a domestic violence 2064
shelter as specified annually on a rotating basis by the clerk 2065
of court in the circuit for the juror's county of residence. The 2066
funds collected may not reduce or offset the amount of 2067
compensation that the Statewide Guardian ad Litem Office program 2068
or domestic violence shelter would otherwise receive from the 2069
state. The clerk of court shall ensure that all jurors are given 2070
written notice at the conclusion of their service that they have 2071
the option to so donat e their compensation, and that the 2072
applicable program specified by the Statewide Guardian ad Litem 2073
Office program or a domestic violence shelter receives all funds 2074
donated by the jurors. Any circuit guardian ad litem office 2075
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program receiving donations of j uror compensation must expend 2076
such moneys on services for children for whom guardians ad litem 2077
have been appointed. 2078
Section 40. Subsections (5), (6), and (7) of section 2079
43.16, Florida Statutes, are amended to read: 2080
43.16 Justice Administrative Commis sion; membership, 2081
powers and duties.— 2082
(5) The duties of the commission shall include, but not be 2083
limited to, the following: 2084
(a) The maintenance of a central state office for 2085
administrative services and assistance when possible to and on 2086
behalf of the state attorneys and public defenders of Florida, 2087
the capital collateral regional counsel of Florida, the criminal 2088
conflict and civil regional counsel, and the Statewide Guardian 2089
Ad Litem Office Program. 2090
(b) Each state attorney, public defender, and crimin al 2091
conflict and civil regional counsel and the Statewide Guardian 2092
Ad Litem Office Program shall continue to prepare necessary 2093
budgets, vouchers that represent valid claims for reimbursement 2094
by the state for authorized expenses, and other things 2095
incidental to the proper administrative operation of the office, 2096
such as revenue transmittals to the Chief Financial Officer and 2097
automated systems plans, but will forward such items to the 2098
commission for recording and submission to the proper state 2099
officer. However, when requested by a state attorney, a public 2100
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defender, a criminal conflict and civil regional counsel, or the 2101
Statewide Guardian Ad Litem Office Program, the commission will 2102
either assist in the preparation of budget requests, voucher 2103
schedules, and other forms and reports or accomplish the entire 2104
project involved. 2105
(6) The commission, each state attorney, each public 2106
defender, the criminal conflict and civil regional counsel, the 2107
capital collateral regional counsel, and the Statewide Guardian 2108
Ad Litem Office Program shall establish and maintain internal 2109
controls designed to: 2110
(a) Prevent and detect fraud, waste, and abuse as defined 2111
in s. 11.45(1). 2112
(b) Promote and encourage compliance with applicable laws, 2113
rules, contracts, grant agreements, and best pr actices. 2114
(c) Support economical and efficient operations. 2115
(d) Ensure reliability of financial records and reports. 2116
(e) Safeguard assets. 2117
(7) The provisions contained in This section is shall be 2118
supplemental to those of chapter 27, relating to state 2119
attorneys, public defenders, criminal conflict and civil 2120
regional counsel, and capital collateral regional counsel; to 2121
those of chapter 39, relating to the Statewide Guardian Ad Litem 2122
Office Program; or to other laws pertaining hereto. 2123
Section 41. Paragraph (a) of subsection (1) and subsection 2124
(4) of section 61.402, Florida Statutes, are amended to read: 2125
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61.402 Qualifications of guardians ad litem. — 2126
(1) A person appointed as a guardian ad litem pursuant to 2127
s. 61.401 must be: 2128
(a) Certified by the Statewide Guardian Ad Litem Office 2129
Program pursuant to s. 39.821; 2130
(4) Nothing in this section requires the Statewide 2131
Guardian Ad Litem Office Program or a not-for-profit legal aid 2132
organization to train or certify guardians ad litem appointed 2133
under this chapter. 2134
Section 42. Paragraph (x) of subsection (2) of section 2135
110.205, Florida Statutes, is amended to read: 2136
110.205 Career service; exemptions. — 2137
(2) EXEMPT POSITIONS. —The exempt positions that are not 2138
covered by this part include the following : 2139
(x) All officers and employees of the Justice 2140
Administrative Commission, Office of the State Attorney, Office 2141
of the Public Defender, regional offices of capital collateral 2142
counsel, offices of criminal conflict and civil regional 2143
counsel, and Statewide Guardian Ad Litem Office, including the 2144
circuit guardian ad litem offices programs. 2145
Section 43. Paragraph (b) of subsection (96) of section 2146
320.08058, Florida Statutes, is amended to read: 2147
320.08058 Specialty license plates. — 2148
(96) GUARDIAN AD LITE M LICENSE PLATES.— 2149
(b) The annual use fees from the sale of the plate shall 2150
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be distributed to the Florida Guardian Ad Litem Foundation, 2151
Inc., a direct-support organization and a nonprofit corporation 2152
under s. 501(c)(3) of the Internal Revenue Code. Up to 10 2153
percent of the proceeds may be used for administrative costs and 2154
the marketing of the plate. The remainder of the proceeds must 2155
be used in this state to support the mission and efforts of the 2156
Statewide Guardian Ad Litem Office Program to represent abused, 2157
abandoned, and neglected children and advocate for their best 2158
interests; recruit and retain volunteer child advocates; and 2159
meet the unique needs of the dependent children the program 2160
serves. 2161
Section 44. Paragraph (e) of subsection (3) of section 2162
943.053, Florida Statutes, is amended to read: 2163
943.053 Dissemination of criminal justice information; 2164
fees.— 2165
(3) 2166
(e) The fee per record for criminal history information 2167
provided pursuant to this subsection and s. 943.0542 is $24 per 2168
name submitted, except that the fee for the Statewide Guardian 2169
Ad Litem Office program and vendors of the Department of 2170
Children and Families, the Department of Juvenile Justice, the 2171
Agency for Persons with Disabilities, and the Department of 2172
Elderly Affairs is $8 for each name submitted; the fee for a 2173
state criminal history provided for application processing as 2174
required by law to be performed by the Department of Agriculture 2175
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and Consumer Services is $15 for each name submitted; and the 2176
fee for requests unde r s. 943.0542, which implements the 2177
National Child Protection Act, is $18 for each volunteer name 2178
submitted. An office of the public defender or an office of 2179
criminal conflict and civil regional counsel may not be assessed 2180
a fee for Florida criminal histor y information or wanted person 2181
information. 2182
Section 45. Subsection (2) of section 985.43, Florida 2183
Statutes, is amended to read: 2184
985.43 Predisposition reports; other evaluations. — 2185
(2) The court shall consider the child's entire assessment 2186
and predisposition report and shall review the records of 2187
earlier judicial proceedings before making a final disposition 2188
of the case. If the child is under the jurisdiction of a 2189
dependency court, the court may receive and consider any 2190
information provided by the Statewide Guardian Ad Litem Office 2191
Program and the child's attorney ad litem, if one is appointed. 2192
The court may, by order, require additional evaluations and 2193
studies to be performed by the department; the county school 2194
system; or any social, psychological, o r psychiatric agency of 2195
the state. The court shall order the educational needs 2196
assessment completed under s. 985.18(2) to be included in the 2197
assessment and predisposition report. 2198
Section 46. Subsection (4) of section 985.441, Florida 2199
Statutes, is amended to read: 2200
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985.441 Commitment. — 2201
(4) The department may transfer a child, when necessary to 2202
appropriately administer the child's commitment, from one 2203
facility or program to another facility or program operated, 2204
contracted, subcontracted, or designated by the department, 2205
including a postcommitment nonresidential conditional release 2206
program, except that the department may not transfer any child 2207
adjudicated solely for a misdemeanor to a residential program 2208
except as provided in subsection (2). The departme nt shall 2209
notify the court that committed the child to the department and 2210
any attorney of record for the child, in writing, of its intent 2211
to transfer the child from a commitment facility or program to 2212
another facility or program of a higher or lower restric tiveness 2213
level. If the child is under the jurisdiction of a dependency 2214
court, the department shall also provide notice to the 2215
dependency court, and the Department of Children and Families, 2216
and, if appointed, the Statewide Guardian Ad Litem Office, 2217
Program and the child's attorney ad litem , if one is appointed . 2218
The court that committed the child may agree to the transfer or 2219
may set a hearing to review the transfer. If the court does not 2220
respond within 10 days after receipt of the notice, the transfer 2221
of the child shall be deemed granted. 2222
Section 47. Subsection (3) of section 985.455, Florida 2223
Statutes, is amended to read: 2224
985.455 Other dispositional issues. — 2225
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(3) Any commitment of a delinquent child to the department 2226
must be for an indeterminate period of time, which may include 2227
periods of temporary release; however, the period of time may 2228
not exceed the maximum term of imprisonment that an adult may 2229
serve for the same offense, except that the duration of a 2230
minimum-risk nonresidential commitment for an o ffense that is a 2231
misdemeanor of the second degree, or is equivalent to a 2232
misdemeanor of the second degree, may be for a period not to 2233
exceed 6 months. The duration of the child's placement in a 2234
commitment program of any restrictiveness level shall be based 2235
on objective performance -based treatment planning. The child's 2236
treatment plan progress and adjustment -related issues shall be 2237
reported to the court quarterly, unless the court requests 2238
monthly reports. If the child is under the jurisdiction of a 2239
dependency court, the court may receive and consider any 2240
information provided by the Statewide Guardian Ad Litem Office 2241
Program or the child's attorney ad litem, if one is appointed. 2242
The child's length of stay in a commitment program may be 2243
extended if the child fa ils to comply with or participate in 2244
treatment activities. The child's length of stay in the program 2245
shall not be extended for purposes of sanction or punishment. 2246
Any temporary release from such program must be approved by the 2247
court. Any child so committed may be discharged from 2248
institutional confinement or a program upon the direction of the 2249
department with the concurrence of the court. The child's 2250
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treatment plan progress and adjustment -related issues must be 2251
communicated to the court at the time the depar tment requests 2252
the court to consider releasing the child from the commitment 2253
program. The department shall give the court that committed the 2254
child to the department reasonable notice, in writing, of its 2255
desire to discharge the child from a commitment facil ity. The 2256
court that committed the child may thereafter accept or reject 2257
the request. If the court does not respond within 10 days after 2258
receipt of the notice, the request of the department shall be 2259
deemed granted. This section does not limit the department 's 2260
authority to revoke a child's temporary release status and 2261
return the child to a commitment facility for any violation of 2262
the terms and conditions of the temporary release. 2263
Section 48. Paragraph (b) of subsection (4) of section 2264
985.461, Florida Stat utes, is amended to read: 2265
985.461 Transition to adulthood. — 2266
(4) As part of the child's treatment plan, the department 2267
may provide transition -to-adulthood services to children 2268
released from residential commitment. To support participation 2269
in transition-to-adulthood services and subject to 2270
appropriation, the department may: 2271
(b) Use community reentry teams to assist in the 2272
development of a list of age -appropriate activities and 2273
responsibilities to be incorporated in the child's written case 2274
plan for any youth who is under the custody or supervision of 2275
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the department. Communit y reentry teams may include 2276
representatives from school districts, law enforcement, 2277
workforce development services, community -based service 2278
providers, the Statewide Guardian Ad Litem Office Program, and 2279
the youth's family. Such community reentry teams must be created 2280
within existing resources provided to the department. Activities 2281
may include, but are not limited to, life skills training, 2282
including training to develop banking and budgeting skills, 2283
interviewing and career planning skills, parenting skills, 2284
personal health management, and time management or 2285
organizational skills; educational support; employment training; 2286
and counseling. 2287
Section 49. Paragraph (h) of subsection (11) of section 2288
985.48, Florida Statutes, is amended to read: 2289
985.48 Juvenile sexual offender commitment programs; 2290
sexual abuse intervention networks. — 2291
(11) Membership of a sexual abuse intervention network 2292
shall include, but is not limited to, representatives from: 2293
(h) The Statewide Guardian Ad Litem Office program; 2294
Section 50. Subsection (1) of section 39.302, Florida 2295
Statutes, is amended to read: 2296
39.302 Protective investigations of institutional child 2297
abuse, abandonment, or neglect. — 2298
(1) The department shall conduct a child protective 2299
investigation of each report of ins titutional child abuse, 2300
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abandonment, or neglect. Upon receipt of a report that alleges 2301
that an employee or agent of the department, or any other entity 2302
or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 2303
acting in an official capacity, has comm itted an act of child 2304
abuse, abandonment, or neglect, the department shall initiate a 2305
child protective investigation within the timeframe established 2306
under s. 39.101(2) and notify the appropriate state attorney, 2307
law enforcement agency, and licensing agency , which shall 2308
immediately conduct a joint investigation, unless independent 2309
investigations are more feasible. When conducting investigations 2310
or having face-to-face interviews with the child, investigation 2311
visits shall be unannounced unless it is determined by the 2312
department or its agent that unannounced visits threaten the 2313
safety of the child. If a facility is exempt from licensing, the 2314
department shall inform the owner or operator of the facility of 2315
the report. Each agency conducting a joint investigation is 2316
entitled to full access to the information gathered by the 2317
department in the course of the investigation. A protective 2318
investigation must include an interview with the child's parent 2319
or legal guardian. The department shall make a full written 2320
report to the state attorney within 3 business days after making 2321
the oral report. A criminal investigation shall be coordinated, 2322
whenever possible, with the child protective investigation of 2323
the department. Any interested person who has information 2324
regarding the offenses described in this subsection may forward 2325
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a statement to the state attorney as to whether prosecution is 2326
warranted and appropriate. Within 15 days after the completion 2327
of the investigation, the state attorney shall report the 2328
findings to the departmen t and shall include in the report a 2329
determination of whether or not prosecution is justified and 2330
appropriate in view of the circumstances of the specific case. 2331
Section 51. Paragraph (c) of subsection (1) of section 2332
39.521, Florida Statutes, is amended to read: 2333
39.521 Disposition hearings; powers of disposition. — 2334
(1) A disposition hearing shall be conducted by the court, 2335
if the court finds that the facts alleged in the petition for 2336
dependency were proven in the adjudicatory hearing, or if the 2337
parents or legal custodians have consented to the finding of 2338
dependency or admitted the allegations in the petition, have 2339
failed to appear for the arraignment hearing after proper 2340
notice, or have not been located despite a diligent search 2341
having been conducted. 2342
(c) When any child is adjudicated by a court to be 2343
dependent, the court having jurisdiction of the child has the 2344
power by order to: 2345
1. Require the parent and, when appropriate, the legal 2346
guardian or the child to participate in treatment and services 2347
identified as necessary. The court may require the person who 2348
has custody or who is requesting custody of the child to submit 2349
to a mental health or substance abuse disorder assessment or 2350
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evaluation. The order may be made only upon good cause shown and 2351
pursuant to notice and procedural requirements provided under 2352
the Florida Rules of Juvenile Procedure. The mental health 2353
assessment or evaluation must be administered by a qualified 2354
professional as defined in s. 39.01, and the substance abuse 2355
assessment or evalua tion must be administered by a qualified 2356
professional as defined in s. 397.311. The court may also 2357
require such person to participate in and comply with treatment 2358
and services identified as necessary, including, when 2359
appropriate and available, participatio n in and compliance with 2360
a mental health court program established under chapter 394 or a 2361
treatment-based drug court program established under s. 397.334. 2362
Adjudication of a child as dependent based upon evidence of harm 2363
as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 2364
cause, and the court shall require the parent whose actions 2365
caused the harm to submit to a substance abuse disorder 2366
assessment or evaluation and to participate and comply with 2367
treatment and services identified in the assessment or 2368
evaluation as being necessary. In addition to supervision by the 2369
department, the court, including the mental health court program 2370
or the treatment-based drug court program, may oversee the 2371
progress and compliance with treatment by a person who has 2372
custody or is requesting custody of the child. The court may 2373
impose appropriate available sanctions for noncompliance upon a 2374
person who has custody or is requesting custody of the child or 2375
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make a finding of noncompliance for consideration in determining 2376
whether an alternative placement of the child is in the child's 2377
best interests. Any order entered under this subparagraph may be 2378
made only upon good cause shown. This subparagraph does not 2379
authorize placement of a child with a person seeking custody of 2380
the child, other than the child's parent or legal custodian, who 2381
requires mental health or substance abuse disorder treatment. 2382
2. Require, if the court deems necessary, the parties to 2383
participate in dependency mediation. 2384
3. Require placement of the child either under the 2385
protective supervision of an authorized agent of the department 2386
in the home of one or both of the child's parents or in the home 2387
of a relative of the child or another adult approved by the 2388
court, or in the custody of the department. Protective 2389
supervision continues until the court terminates it or until the 2390
child reaches the age of 18, whichever date is first. Protective 2391
supervision shall be terminated by the court whenever the court 2392
determines that permanency has been achieved for the child, 2393
whether with a parent, another relative, or a legal custodian, 2394
and that protective supervision is no longer needed. The 2395
termination of supervision may be with or without retaining 2396
jurisdiction, at the court's discretion, and shall in either 2397
case be considered a permanency option for the child. The order 2398
terminating supervision by the department must set forth the 2399
powers of the custodian of the child and include the powers 2400
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ordinarily granted to a guardian of the person of a minor unless 2401
otherwise specified. Upon the court's termination of supervision 2402
by the department, further judicial reviews are not required if 2403
permanency has been established for the child. 2404
4. Determine whether the child has a strong attachment to 2405
the prospective permanent guardian and whethe r such guardian has 2406
a strong commitment to permanently caring for the child. 2407
Section 52. Paragraph (c) of subsection (2) of section 2408
61.13, Florida Statutes, is amended to read: 2409
61.13 Support of children; parenting and time -sharing; 2410
powers of court.— 2411
(2) 2412
(c) The court shall determine all matters relating to 2413
parenting and time-sharing of each minor child of the parties in 2414
accordance with the best interests of the child and in 2415
accordance with the Uniform Child Custody Jurisdiction and 2416
Enforcement Act, except that modification of a parenting plan 2417
and time-sharing schedule requires a showing of a substantial 2418
and material change of circumstances. 2419
1. It is the public policy of this state that each minor 2420
child has frequent and continuing contact with both parents 2421
after the parents separate or the marriage of the parties is 2422
dissolved and to encourage parents to share the rights and 2423
responsibilities, and joys, of childrearing. Unless otherwise 2424
provided in this section or agreed to by the parties, there is a 2425
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rebuttable presumption that equal time -sharing of a minor child 2426
is in the best interests of the minor child. To rebut this 2427
presumption, a party must prove by a preponderance of the 2428
evidence that equal time -sharing is not in the best interests of 2429
the minor child. Except when a time -sharing schedule is agreed 2430
to by the parties and approved by the court, the court must 2431
evaluate all of the factors set forth in subsection (3) and make 2432
specific written findings of fact when creating or modifying a 2433
time-sharing schedule. 2434
2. The court shall order that the parental responsibility 2435
for a minor child be shared by both parents unless the court 2436
finds that shared parental responsibility would be detrimental 2437
to the child. In determining detriment to the child, the court 2438
shall consider: 2439
a. Evidence of domestic violence, as defined in s. 741.28; 2440
b. Whether either parent has or has had reasonable cause 2441
to believe that he or she or his or her minor child or children 2442
are or have been in imminent danger of becoming victims o f an 2443
act of domestic violence as defined in s. 741.28 or sexual 2444
violence as defined in s. 784.046(1)(c) by the other parent 2445
against the parent or against the child or children whom the 2446
parents share in common regardless of whether a cause of action 2447
has been brought or is currently pending in the court; 2448
c. Whether either parent has or has had reasonable cause 2449
to believe that his or her minor child or children are or have 2450
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been in imminent danger of becoming victims of an act of abuse 2451
as defined in s. 39.01( 2), abandonment as defined in s. 2452
39.01(1), or neglect, as those terms are defined in s. 39.01, s. 2453
39.01(50) by the other parent against the child or children whom 2454
the parents share in common regardless of whether a cause of 2455
action has been brought or is currently pending in the court; 2456
and 2457
d. Any other relevant factors. 2458
3. The following evidence creates a re buttable presumption 2459
that shared parental responsibility is detrimental to the child: 2460
a. A parent has been convicted of a misdemeanor of the 2461
first degree or higher involving domestic violence, as defined 2462
in s. 741.28 and chapter 775; 2463
b. A parent meets the criteria of s. 39.806(1)(d); or 2464
c. A parent has been convicted of or had adjudication 2465
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2466
at the time of the offense: 2467
(I) The parent was 18 years of age or older. 2468
(II) The victim was under 18 years of age or the parent 2469
believed the victim to be under 18 years of age. 2470
2471
If the presumption is not rebutted after the convicted parent is 2472
advised by the court that the presumption exists, shared 2473
parental responsibility, including time -sharing with the child, 2474
and decisions made regarding the child, may not be granted to 2475
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the convicted parent. However, the convicted parent is not 2476
relieved of any obligation to provide financial support. If the 2477
court determines that shared parental responsibility wo uld be 2478
detrimental to the child, it may order sole parental 2479
responsibility and make such arrangements for time -sharing as 2480
specified in the parenting plan as will best protect the child 2481
or abused spouse from further harm. Whether or not there is a 2482
conviction of any offense of domestic violence or child abuse or 2483
the existence of an injunction for protection against domestic 2484
violence, the court shall consider evidence of domestic violence 2485
or child abuse as evidence of detriment to the child. 2486
4. In ordering shared parental responsibility, the court 2487
may consider the expressed desires of the parents and may grant 2488
to one party the ultimate responsibility over specific aspects 2489
of the child's welfare or may divide those responsibilities 2490
between the parties based on the best interests of the child. 2491
Areas of responsibility may include education, health care, and 2492
any other responsibilities that the court finds unique to a 2493
particular family. 2494
5. The court shall order sole parental responsibility for 2495
a minor child to one parent, with or without time -sharing with 2496
the other parent if it is in the best interests of the minor 2497
child. 2498
6. There is a rebuttable presumption against granting 2499
time-sharing with a minor child if a parent has been convicted 2500
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of or had adjudication wi thheld for an offense enumerated in s. 2501
943.0435(1)(h)1.a., and at the time of the offense: 2502
a. The parent was 18 years of age or older. 2503
b. The victim was under 18 years of age or the parent 2504
believed the victim to be under 18 years of age. 2505
2506
A parent may rebut the presumption upon a specific finding in 2507
writing by the court that the parent poses no significant risk 2508
of harm to the child and that time -sharing is in the best 2509
interests of the minor child. If the presumption is rebutted, 2510
the court must consider all time-sharing factors in subsection 2511
(3) when developing a time -sharing schedule. 2512
7. Access to records and information pertaining to a minor 2513
child, including, but not limited to, medical, dental, and 2514
school records, may not be denied to either parent. Full rights 2515
under this subparagraph apply to either parent unless a court 2516
order specifically revokes these rights, including any 2517
restrictions on these rights as provided in a domestic violence 2518
injunction. A parent having rights under this subparagraph has 2519
the same rights upon request as to form, substance, and manner 2520
of access as are available to the other parent of a child, 2521
including, without limitation, the right to in -person 2522
communication with medical, dental, and education providers. 2523
Section 53. Paragraph (d) of subsection (4) of section 2524
119.071, Florida Statutes, is amended to read: 2525
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119.071 General exemptions from inspection or copying of 2526
public records.— 2527
(4) AGENCY PERSONNEL INFORMATION. — 2528
(d)1. For purposes of this paragraph, the term: 2529
a. "Home addresses" means the dwelling location at which 2530
an individual resides and includes the physical address, mailing 2531
address, street address, parcel identification number, plot 2532
identification number, legal property description, neighborhood 2533
name and lot number, GPS coordinates, and any other descriptive 2534
property information that may reveal the home address. 2535
b. "Judicial assistant" means a court employee assigned to 2536
the following class codes: 8140, 8150, 8310, and 8320. 2537
c. "Telephone numbers" includes h ome telephone numbers, 2538
personal cellular telephone numbers, personal pager telephone 2539
numbers, and telephone numbers associated with personal 2540
communications devices. 2541
2.a. The home addresses, telephone numbers, dates of 2542
birth, and photographs of active or former sworn law enforcement 2543
personnel or of active or former civilian personnel employed by 2544
a law enforcement agency, including correctional and 2545
correctional probation officers, personnel of the Department of 2546
Children and Families whose duties include the investigation of 2547
abuse, neglect, exploitation, fraud, theft, or other criminal 2548
activities, personnel of the Department of Health whose duties 2549
are to support the investigation of child abuse or neglect, and 2550
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personnel of the Department of Revenue or local g overnments 2551
whose responsibilities include revenue collection and 2552
enforcement or child support enforcement; the names, home 2553
addresses, telephone numbers, photographs, dates of birth, and 2554
places of employment of the spouses and children of such 2555
personnel; and the names and locations of schools and day care 2556
facilities attended by the children of such personnel are exempt 2557
from s. 119.07(1) and s. 24(a), Art. I of the State 2558
Constitution. 2559
b. The home addresses, telephone numbers, dates of birth, 2560
and photographs of current or former nonsworn investigative 2561
personnel of the Department of Financial Services whose duties 2562
include the investigation of fraud, theft, workers' compensation 2563
coverage requirements and compliance, other related criminal 2564
activities, or state r egulatory requirement violations; the 2565
names, home addresses, telephone numbers, dates of birth, and 2566
places of employment of the spouses and children of such 2567
personnel; and the names and locations of schools and day care 2568
facilities attended by the children of such personnel are exempt 2569
from s. 119.07(1) and s. 24(a), Art. I of the State 2570
Constitution. 2571
c. The home addresses, telephone numbers, dates of birth, 2572
and photographs of current or former nonsworn investigative 2573
personnel of the Office of Financial Regu lation's Bureau of 2574
Financial Investigations whose duties include the investigation 2575
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of fraud, theft, other related criminal activities, or state 2576
regulatory requirement violations; the names, home addresses, 2577
telephone numbers, dates of birth, and places of e mployment of 2578
the spouses and children of such personnel; and the names and 2579
locations of schools and day care facilities attended by the 2580
children of such personnel are exempt from s. 119.07(1) and s. 2581
24(a), Art. I of the State Constitution. 2582
d. The home addresses, telephone numbers, dates of birth, 2583
and photographs of current or former firefighters certified in 2584
compliance with s. 633.408; the names, home addresses, telephone 2585
numbers, photographs, dates of birth, and places of employment 2586
of the spouses and ch ildren of such firefighters; and the names 2587
and locations of schools and day care facilities attended by the 2588
children of such firefighters are exempt from s. 119.07(1) and 2589
s. 24(a), Art. I of the State Constitution. 2590
e. The home addresses, dates of birth, and telephone 2591
numbers of current or former justices of the Supreme Court, 2592
district court of appeal judges, circuit court judges, and 2593
county court judges, and of current judicial assistants; the 2594
names, home addresses, telephone numbers, dates of birth, and 2595
places of employment of the spouses and children of current or 2596
former justices and judges and of current judicial assistants; 2597
and the names and locations of schools and day care facilities 2598
attended by the children of current or former justices and 2599
judges and of current judicial assistants are exempt from s. 2600
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119.07(1) and s. 24(a), Art. I of the State Constitution. This 2601
sub-subparagraph is subject to the Open Government Sunset Review 2602
Act in accordance with s. 119.15 and shall stand repealed on 2603
October 2, 2028, unless reviewed and saved from repeal through 2604
reenactment by the Legislature. 2605
f. The home addresses, telephone numbers, dates of birth, 2606
and photographs of current or former state attorneys, assistant 2607
state attorneys, statewide prosecutors, or assistan t statewide 2608
prosecutors; the names, home addresses, telephone numbers, 2609
photographs, dates of birth, and places of employment of the 2610
spouses and children of current or former state attorneys, 2611
assistant state attorneys, statewide prosecutors, or assistant 2612
statewide prosecutors; and the names and locations of schools 2613
and day care facilities attended by the children of current or 2614
former state attorneys, assistant state attorneys, statewide 2615
prosecutors, or assistant statewide prosecutors are exempt from 2616
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2617
g. The home addresses, dates of birth, and telephone 2618
numbers of general magistrates, special magistrates, judges of 2619
compensation claims, administrative law judges of the Division 2620
of Administrative Hear ings, and child support enforcement 2621
hearing officers; the names, home addresses, telephone numbers, 2622
dates of birth, and places of employment of the spouses and 2623
children of general magistrates, special magistrates, judges of 2624
compensation claims, administrat ive law judges of the Division 2625
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of Administrative Hearings, and child support enforcement 2626
hearing officers; and the names and locations of schools and day 2627
care facilities attended by the children of general magistrates, 2628
special magistrates, judges of compen sation claims, 2629
administrative law judges of the Division of Administrative 2630
Hearings, and child support enforcement hearing officers are 2631
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2632
Constitution. 2633
h. The home addresses, telephone numbers, dat es of birth, 2634
and photographs of current or former human resource, labor 2635
relations, or employee relations directors, assistant directors, 2636
managers, or assistant managers of any local government agency 2637
or water management district whose duties include hiring and 2638
firing employees, labor contract negotiation, administration, or 2639
other personnel-related duties; the names, home addresses, 2640
telephone numbers, dates of birth, and places of employment of 2641
the spouses and children of such personnel; and the names and 2642
locations of schools and day care facilities attended by the 2643
children of such personnel are exempt from s. 119.07(1) and s. 2644
24(a), Art. I of the State Constitution. 2645
i. The home addresses, telephone numbers, dates of birth, 2646
and photographs of current or for mer code enforcement officers; 2647
the names, home addresses, telephone numbers, dates of birth, 2648
and places of employment of the spouses and children of such 2649
personnel; and the names and locations of schools and day care 2650
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facilities attended by the children of such personnel are exempt 2651
from s. 119.07(1) and s. 24(a), Art. I of the State 2652
Constitution. 2653
j. The home addresses, telephone numbers, places of 2654
employment, dates of birth, and photographs of current or former 2655
guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2656
home addresses, telephone numbers, dates of birth, and places of 2657
employment of the spouses and children of such persons; and the 2658
names and locations of schools and day care facilities attended 2659
by the children of such persons are exempt from s. 119.07(1) and 2660
s. 24(a), Art. I of the State Constitution. 2661
k. The home addresses, telephone numbers, dates of birth, 2662
and photographs of current or former juvenile probation 2663
officers, juvenile probation supervisors, detention 2664
superintendents, assis tant detention superintendents, juvenile 2665
justice detention officers I and II, juvenile justice detention 2666
officer supervisors, juvenile justice residential officers, 2667
juvenile justice residential officer supervisors I and II, 2668
juvenile justice counselors, juv enile justice counselor 2669
supervisors, human services counselor administrators, senior 2670
human services counselor administrators, rehabilitation 2671
therapists, and social services counselors of the Department of 2672
Juvenile Justice; the names, home addresses, teleph one numbers, 2673
dates of birth, and places of employment of spouses and children 2674
of such personnel; and the names and locations of schools and 2675
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day care facilities attended by the children of such personnel 2676
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2677
Constitution. 2678
l. The home addresses, telephone numbers, dates of birth, 2679
and photographs of current or former public defenders, assistant 2680
public defenders, criminal conflict and civil regional counsel, 2681
and assistant criminal conflict and civil r egional counsel; the 2682
names, home addresses, telephone numbers, dates of birth, and 2683
places of employment of the spouses and children of current or 2684
former public defenders, assistant public defenders, criminal 2685
conflict and civil regional counsel, and assista nt criminal 2686
conflict and civil regional counsel; and the names and locations 2687
of schools and day care facilities attended by the children of 2688
current or former public defenders, assistant public defenders, 2689
criminal conflict and civil regional counsel, and as sistant 2690
criminal conflict and civil regional counsel are exempt from s. 2691
119.07(1) and s. 24(a), Art. I of the State Constitution. 2692
m. The home addresses, telephone numbers, dates of birth, 2693
and photographs of current or former investigators or inspectors 2694
of the Department of Business and Professional Regulation; the 2695
names, home addresses, telephone numbers, dates of birth, and 2696
places of employment of the spouses and children of such current 2697
or former investigators and inspectors; and the names and 2698
locations of schools and day care facilities attended by the 2699
children of such current or former investigators and inspectors 2700
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are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2701
Constitution. 2702
n. The home addresses, telephone numbers, and dates of 2703
birth of county tax collectors; the names, home addresses, 2704
telephone numbers, dates of birth, and places of employment of 2705
the spouses and children of such tax collectors; and the names 2706
and locations of schools and day care facilities attended by the 2707
children of such tax collectors are exempt from s. 119.07(1) and 2708
s. 24(a), Art. I of the State Constitution. 2709
o. The home addresses, telephone numbers, dates of birth, 2710
and photographs of current or former personnel of the Department 2711
of Health whose duties include, or result in, the determination 2712
or adjudication of eligibility for social security disability 2713
benefits, the investigation or prosecution of complaints filed 2714
against health care practitioners, or the inspection of health 2715
care practitioners or health care faci lities licensed by the 2716
Department of Health; the names, home addresses, telephone 2717
numbers, dates of birth, and places of employment of the spouses 2718
and children of such personnel; and the names and locations of 2719
schools and day care facilities attended by th e children of such 2720
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2721
the State Constitution. 2722
p. The home addresses, telephone numbers, dates of birth, 2723
and photographs of current or former impaired practitioner 2724
consultants who are retained by an agency or current or former 2725
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employees of an impaired practitioner consultant whose duties 2726
result in a determination of a person's skill and safety to 2727
practice a licensed profession; the names, home addresses, 2728
telephone numbers, dates of birth, and plac es of employment of 2729
the spouses and children of such consultants or their employees; 2730
and the names and locations of schools and day care facilities 2731
attended by the children of such consultants or employees are 2732
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2733
Constitution. 2734
q. The home addresses, telephone numbers, dates of birth, 2735
and photographs of current or former emergency medical 2736
technicians or paramedics certified under chapter 401; the 2737
names, home addresses, telephone numbers, dates of birt h, and 2738
places of employment of the spouses and children of such 2739
emergency medical technicians or paramedics; and the names and 2740
locations of schools and day care facilities attended by the 2741
children of such emergency medical technicians or paramedics are 2742
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2743
Constitution. 2744
r. The home addresses, telephone numbers, dates of birth, 2745
and photographs of current or former personnel employed in an 2746
agency's office of inspector general or internal audit 2747
department whose duties include auditing or investigating waste, 2748
fraud, abuse, theft, exploitation, or other activities that 2749
could lead to criminal prosecution or administrative discipline; 2750
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the names, home addresses, telephone numbers, dates of birth, 2751
and places of employment of spouses and children of such 2752
personnel; and the names and locations of schools and day care 2753
facilities attended by the children of such personnel are exempt 2754
from s. 119.07(1) and s. 24(a), Art. I of the State 2755
Constitution. 2756
s. The home addresses, telephone numbers, dates of birth, 2757
and photographs of current or former directors, managers, 2758
supervisors, nurses, and clinical employees of an addiction 2759
treatment facility; the home addresses, telephone numbers, 2760
photographs, dates of birth, and plac es of employment of the 2761
spouses and children of such personnel; and the names and 2762
locations of schools and day care facilities attended by the 2763
children of such personnel are exempt from s. 119.07(1) and s. 2764
24(a), Art. I of the State Constitution. For purpo ses of this 2765
sub-subparagraph, the term "addiction treatment facility" means 2766
a county government, or agency thereof, that is licensed 2767
pursuant to s. 397.401 and provides substance abuse prevention, 2768
intervention, or clinical treatment, including any licensed 2769
service component described in s. 397.311(26). 2770
t. The home addresses, telephone numbers, dates of birth, 2771
and photographs of current or former directors, managers, 2772
supervisors, and clinical employees of a child advocacy center 2773
that meets the standards of s. 39.3035(2) and fulfills the 2774
screening requirement of s. 39.3035(3), and the members of a 2775
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Child Protection Team as described in s. 39.303 whose duties 2776
include supporting the investigation of child abuse or sexual 2777
abuse, child abandonment, child neglect, and child exploitation 2778
or to provide services as part of a multidisciplinary case 2779
review team; the names, home addresses, telephone numbers, 2780
photographs, dates of birth, and places of employment of the 2781
spouses and children of such personnel and members; a nd the 2782
names and locations of schools and day care facilities attended 2783
by the children of such personnel and members are exempt from s. 2784
119.07(1) and s. 24(a), Art. I of the State Constitution. 2785
u. The home addresses, telephone numbers, places of 2786
employment, dates of birth, and photographs of current or former 2787
staff and domestic violence advocates, as defined in s. 2788
90.5036(1)(b), of domestic violence centers certified by the 2789
Department of Children and Families under chapter 39; the names, 2790
home addresses, telephone numbers, places of employment, dates 2791
of birth, and photographs of the spouses and children of such 2792
personnel; and the names and locations of schools and day care 2793
facilities attended by the children of such personnel are exempt 2794
from s. 119.07(1) an d s. 24(a), Art. I of the State 2795
Constitution. 2796
v. The home addresses, telephone numbers, dates of birth, 2797
and photographs of current or former inspectors or investigators 2798
of the Department of Agriculture and Consumer Services; the 2799
names, home addresses, te lephone numbers, dates of birth, and 2800
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places of employment of the spouses and children of current or 2801
former inspectors or investigators; and the names and locations 2802
of schools and day care facilities attended by the children of 2803
current or former inspectors or investigators are exempt from s. 2804
119.07(1) and s. 24(a), Art. I of the State Constitution. This 2805
sub-subparagraph is subject to the Open Government Sunset Review 2806
Act in accordance with s. 119.15 and shall stand repealed on 2807
October 2, 2028, unless reviewe d and saved from repeal through 2808
reenactment by the Legislature. 2809
3. An agency that is the custodian of the information 2810
specified in subparagraph 2. and that is not the employer of the 2811
officer, employee, justice, judge, or other person specified in 2812
subparagraph 2. must maintain the exempt status of that 2813
information only if the officer, employee, justice, judge, other 2814
person, or employing agency of the designated employee submits a 2815
written and notarized request for maintenance of the exemption 2816
to the custodial agency. The request must state under oath the 2817
statutory basis for the individual's exemption request and 2818
confirm the individual's status as a party eligible for exempt 2819
status. 2820
4.a. A county property appraiser, as defined in s. 2821
192.001(3), or a county tax collector, as defined in s. 2822
192.001(4), who receives a written and notarized request for 2823
maintenance of the exemption pursuant to subparagraph 3. must 2824
comply by removing the name of the individual with exempt status 2825
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and the instrument number or Officia l Records book and page 2826
number identifying the property with the exempt status from all 2827
publicly available records maintained by the property appraiser 2828
or tax collector. For written requests received on or before 2829
July 1, 2021, a county property appraiser o r county tax 2830
collector must comply with this sub -subparagraph by October 1, 2831
2021. A county property appraiser or county tax collector may 2832
not remove the street address, legal description, or other 2833
information identifying real property within the agency's 2834
records so long as a name or personal information otherwise 2835
exempt from inspection and copying pursuant to this section is 2836
not associated with the property or otherwise displayed in the 2837
public records of the agency. 2838
b. Any information restricted from publ ic display, 2839
inspection, or copying under sub -subparagraph a. must be 2840
provided to the individual whose information was removed. 2841
5. An officer, an employee, a justice, a judge, or other 2842
person specified in subparagraph 2. may submit a written request 2843
for the release of his or her exempt information to the 2844
custodial agency. The written request must be notarized and must 2845
specify the information to be released and the party authorized 2846
to receive the information. Upon receipt of the written request, 2847
the custodial agency must release the specified information to 2848
the party authorized to receive such information. 2849
6. The exemptions in this paragraph apply to information 2850
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held by an agency before, on, or after the effective date of the 2851
exemption. 2852
7. Information made exempt under this paragraph may be 2853
disclosed pursuant to s. 28.2221 to a title insurer authorized 2854
pursuant to s. 624.401 and its affiliates as defined in s. 2855
624.10; a title insurance agent or title insurance agency as 2856
defined in s. 626.841(1) or (2), re spectively; or an attorney 2857
duly admitted to practice law in this state and in good standing 2858
with The Florida Bar. 2859
8. The exempt status of a home address contained in the 2860
Official Records is maintained only during the period when a 2861
protected party resides at the dwelling location. Upon 2862
conveyance of real property after October 1, 2021, and when such 2863
real property no longer constitutes a protected party's home 2864
address as defined in sub -subparagraph 1.a., the protected party 2865
must submit a written request to release the removed information 2866
to the county recorder. The written request to release the 2867
removed information must be notarized, must confirm that a 2868
protected party's request for release is pursuant to a 2869
conveyance of his or her dwelling location, and mus t specify the 2870
Official Records book and page, instrument number, or clerk's 2871
file number for each document containing the information to be 2872
released. 2873
9. Upon the death of a protected party as verified by a 2874
certified copy of a death certificate or court or der, any party 2875
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can request the county recorder to release a protected 2876
decedent's removed information unless there is a related request 2877
on file with the county recorder for continued removal of the 2878
decedent's information or unless such removal is otherwise 2879
prohibited by statute or by court order. The written request to 2880
release the removed information upon the death of a protected 2881
party must attach the certified copy of a death certificate or 2882
court order and must be notarized, must confirm the request for 2883
release is due to the death of a protected party, and must 2884
specify the Official Records book and page number, instrument 2885
number, or clerk's file number for each document containing the 2886
information to be released. A fee may not be charged for the 2887
release of any document pursuant to such request. 2888
10. Except as otherwise expressly provided in this 2889
paragraph, this paragraph is subject to the Open Government 2890
Sunset Review Act in accordance with s. 119.15 and shall stand 2891
repealed on October 2, 2024, unless reviewe d and saved from 2892
repeal through reenactment by the Legislature. 2893
Section 54. Subsection (4) of section 322.09, Florida 2894
Statutes, is amended to read: 2895
322.09 Application of minors; responsibility for 2896
negligence or misconduct of minor. — 2897
(4) Notwithstanding subsections (1) and (2), if a 2898
caregiver of a minor who is under the age of 18 years and is in 2899
out-of-home care as defined in s. 39.01 s. 39.01(55), an 2900
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authorized representative of a residential group home at which 2901
such a minor resides, the caseworker at the agency at which the 2902
state has placed the minor, or a guardian ad litem specifically 2903
authorized by the minor's caregiver to sign for a learner's 2904
driver license signs the minor's application for a learner's 2905
driver license, that caregiver, group home r epresentative, 2906
caseworker, or guardian ad litem does not assume any obligation 2907
or become liable for any damages caused by the negligence or 2908
willful misconduct of the minor by reason of having signed the 2909
application. Before signing the application, the case worker, 2910
authorized group home representative, or guardian ad litem shall 2911
notify the caregiver or other responsible party of his or her 2912
intent to sign and verify the application. 2913
Section 55. Paragraph (p) of subsection (4) of section 2914
394.495, Florida Statutes, is amended to read: 2915
394.495 Child and adolescent mental health system of care; 2916
programs and services. — 2917
(4) The array of services may include, but is not limited 2918
to: 2919
(p) Trauma-informed services for children who have 2920
suffered sexual exploitati on as defined in s. 39.01(80)(g) s. 2921
39.01(77)(g). 2922
Section 56. Section 627.746, Florida Statutes, is amended 2923
to read: 2924
627.746 Coverage for minors who have a learner's driver 2925
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license; additional premium prohibited. —An insurer that issues 2926
an insurance policy on a private passenger motor vehicle to a 2927
named insured who is a caregiver of a minor who is under the age 2928
of 18 years and is in out -of-home care as defined in s. 39.01 s. 2929
39.01(55) may not charge an additional premium for coverage of 2930
the minor while the minor is operating the insured vehicle, for 2931
the period of time that the minor has a learner's driver 2932
license, until such time as the minor obtains a driver license. 2933
Section 57. Paragraph (c) of subsection (1) of section 2934
934.255, Florida Statutes, is amended to read: 2935
934.255 Subpoenas in investigations of sexual offenses. — 2936
(1) As used in this section, the term: 2937
(c) "Sexual abuse of a child" means a criminal offense 2938
based on any conduct described in s. 39.01(80) s. 39.01(77). 2939
Section 58. Subsection (5) of section 960.065, Florida 2940
Statutes, is amended to read: 2941
960.065 Eligibility for awards. — 2942
(5) A person is not ineligible for an award pursuant to 2943
paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2944
person is a victim of sexual exploitation of a child as defined 2945
in s. 39.01(80)(g) s. 39.01(77)(g). 2946
Section 59. The Division of Law Revision is requested to 2947
prepare a reviser's bill for the 2025 Regular Session of the 2948
Legislature to substitute the term "Statewide Guardian Ad Litem 2949
Office" for the term "Guardian Ad Litem Program" or "Statewide 2950
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Guardian Ad Litem Program" throughout the Florida Statutes. 2951
Section 60. This act shall take effect July 1, 2024. 2952