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Florida House Bill H0185

Florida 2024 Regular Session

Florida House Bill H0185 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to dependent children; amending s. 2
1616 39.001, F.S.; revising the purposes of chapter 39; 3
1717 requiring the Statewide Guardian ad Litem Office and 4
1818 circuit guardian ad litem offices to participate in 5
1919 the development of a certain state plan; conformi ng a 6
2020 provision to changes made by the act; amending s. 7
2121 39.00145, F.S.; authorizing a child's attorney ad 8
2222 litem to inspect certain records; amending s. 9
2323 39.00146, F.S.; conforming provisions to changes made 10
2424 by the act; amending s. 39.0016, F.S.; requiring a 11
2525 child's guardian ad litem be included in the 12
2626 coordination of certain educational services; amending 13
2727 s. 39.01, F.S.; providing and revising definitions; 14
2828 amending s. 39.013, F.S.; requiring the court to 15
2929 appoint a guardian ad litem for a child at the 16
3030 earliest possible time; authorizing a guardian ad 17
3131 litem to represent a child in other proceedings to 18
32-secure certain services and benefits; amending s. 19
33-39.01305, F.S.; conforming a provision to changes made 20
34-by the act; amending s. 39.0132, F.S.; authorizing a 21
35-child's attorney ad litem to inspect certain records; 22
36-amending s. 39.0136, F.S.; revising the parties who 23
37-may request a continuance in a proceeding; amending s. 24
38-39.01375, F.S.; conforming provisions to changes made 25
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47-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
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51-by the act; amending s. 39.0139, F.S.; conform ing 26
52-provisions to changes made by the act; amending s. 27
53-39.202, F.S.; requiring that certain confidential 28
54-records be released to the guardian ad litem and 29
55-attorney ad litem; conforming a cross -reference; 30
56-amending s. 39.402, F.S.; requiring parents to consen t 31
57-to provide certain information to the guardian ad 32
58-litem and attorney ad litem; conforming provisions to 33
59-changes made by the act; amending s. 39.4022, F.S.; 34
60-revising the participants who must be invited to a 35
61-multidisciplinary team staffing; amending s. 39 .4023, 36
62-F.S.; requiring notice of a multidisciplinary team 37
63-staffing be provided to a child's guardian ad litem 38
64-and attorney ad litem; conforming provisions to 39
65-changes made by the act; amending s. 39.407, F.S.; 40
66-conforming provisions to changes made by the ac t; 41
67-amending s. 39.4085, F.S.; providing a goal of 42
68-permanency; conforming provisions to changes made by 43
69-the act; amending ss. 39.502 and 39.522, F.S.; 44
70-conforming provisions to changes made by the act; 45
71-amending s. 39.6012, F.S.; requiring a case plan to 46
72-include written descriptions of certain activities; 47
73-conforming a cross-reference; creating s. 39.6036, 48
74-F.S.; providing legislative findings and intent; 49
75-requiring the Statewide Guardian ad Litem Office to 50
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84-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
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88-work with certain children to identify a supportive 51
89-adult to enter into a specified agreement; requiring 52
90-such agreement be documented in the child's court 53
91-file; requiring the office to coordinate with the 54
92-Office of Continuing Care for a specified purpose; 55
93-amending s. 39.621, F.S.; conforming provisions to 56
94-changes made by the act; amending s. 39.6241, F.S.; 57
95-requiring a guardian ad litem to advise the court 58
96-regarding certain information and to ensure a certain 59
97-agreement has been documented in the child's court 60
98-file; amending s. 39.701, F.S.; requiring certain 61
99-notice be given to an attorney ad litem; requiring a 62
100-court to give a guardian ad litem an opportunity to 63
101-address the court in certain proceedings; requiring 64
102-the court to inquire and determine if a child has a 65
103-certain agreement documented in his or her court fi le 66
104-at a specified hearing; conforming provisions to 67
105-changes made by the act; amending s. 39.801, F.S.; 68
106-conforming provisions to changes made by the act; 69
107-amending s. 39.807, F.S.; requiring a court to appoint 70
108-a guardian ad litem to represent a child; revisi ng a 71
109-guardian ad litem's responsibilities and authorities; 72
110-deleting provisions relating to bonds and service of 73
111-pleadings or papers; amending s. 39.808, F.S.; 74
112-conforming provisions to changes made by the act; 75
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121-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
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125-amending s. 39.815, F.S.; conforming provisions to 76
126-changes made by the act; repealing s. 39.820, F.S., 77
127-relating to definitions of the terms "guardian ad 78
128-litem" and "guardian advocate"; amending s. 39.821, 79
129-F.S.; conforming provisions to changes made by the 80
130-act; amending s. 39.822, F.S.; providing that a 81
131-guardian ad litem is a fiduciary and must provide 82
132-independent representation to a child; revising 83
133-responsibilities of a guardian ad litem; requiring 84
134-that guardians ad litem have certain access to the 85
135-children the guardians ad litem represent; providing 86
136-actions that a guardian ad litem does or does not have 87
137-to fulfill; amending s. 39.827, F.S.; authorizing a 88
138-child's guardian ad litem and attorney ad litem to 89
139-inspect certain records; amending s. 39.8296, F.S.; 90
140-revising the duties and appointment of the execu tive 91
141-director of the Statewide Guardian ad Litem Office; 92
142-requiring the training program for guardians ad litem 93
143-to be updated regularly; requiring the office to 94
144-provide oversight and technical assistance to 95
145-attorneys ad litem; specifying certain requirement s of 96
146-the office; amending s. 39.8297, F.S.; conforming 97
147-provisions to changes made by the act; amending s. 98
148-414.56, F.S.; requiring the Office of Continuing Care 99
149-to work in coordination with the Statewide Guardian ad 100
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158-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
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162-Litem Office for a specified purpose; cre ating s. 101
163-1009.898, F.S.; authorizing the Fostering Prosperity 102
164-program to provide certain grants to youth and young 103
165-adults who are aging out of foster care; requiring 104
166-grants to extend for a certain period of time after a 105
167-recipient is reunited with his or he r parents; 106
168-requiring the State Board of Education to adopt rules; 107
169-amending ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 108
170-110.205, 320.08058, 943.053, 985.43, 985.441, 985.455, 109
171-985.461, and 985.48, F.S.; conforming provisions to 110
172-changes made by the act; amendi ng ss. 39.302, 39.521, 111
173-61.13, 119.071, 322.09, 394.495, 627.746, 934.255, and 112
174-960.065, F.S.; conforming cross -references; providing 113
175-a directive to the Division of Law Revision; providing 114
176-an effective date; 115
177- 116
178-Be It Enacted by the Legislature of the State of Florida: 117
179- 118
180- Section 1. Paragraph (j) of subsection (1), paragraph (j) 119
181-of subsection (3), and paragraph (a) of subsection (10) of 120
182-section 39.001, Florida Statutes, are amended to read: 121
183- 39.001 Purposes and intent; personnel standards and 122
184-screening.— 123
185- (1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 124
186- (j) To ensure that, when reunification or adoption is not 125
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195-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
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199-possible, the child will be prepared for alternative permanency 126
200-goals or placements, to include, but not be limited to, long -127
201-term foster care, independent living, custody to a relative on a 128
202-permanent basis with or without legal guardianship, or custody 129
203-to a foster parent or legal custodian on a permanent basis with 130
204-or without legal guardianship. Permanency for a child who is 131
205-transitioning from foster care to independent living includes 132
206-naturally occurring, lifelong, kin -like connections between the 133
207-child and a supportive adult. 134
208- (3) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 135
209-the Legislature that the children of this state be pro vided with 136
210-the following protections: 137
211- (j) The ability to contact their guardian ad litem and or 138
212-attorney ad litem, if one is appointed, by having that 139
213-individual's name entered on all orders of the court. 140
214- (10) PLAN FOR COMPREHENSIVE APPROACH. — 141
215- (a) The office shall develop a state plan for the 142
216-promotion of adoption, support of adoptive families, and 143
217-prevention of abuse, abandonment, and neglect of children. The 144
218-Department of Children and Families, the Department of 145
219-Corrections, the Department of Educat ion, the Department of 146
220-Health, the Department of Juvenile Justice, the Department of 147
221-Law Enforcement, the Statewide Guardian ad Litem Office, and the 148
222-Agency for Persons with Disabilities shall participate and fully 149
223-cooperate in the development of the state plan at both the state 150
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232-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
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236-and local levels. Furthermore, appropriate local agencies and 151
237-organizations shall be provided an opportunity to participate in 152
238-the development of the state plan at the local level. 153
239-Appropriate local groups and organizations shall in clude, but 154
240-not be limited to, community mental health centers; circuit 155
241-guardian ad litem offices programs for children under the 156
242-circuit court; the school boards of the local school districts; 157
243-the Florida local advocacy councils; community -based care lead 158
244-agencies; private or public organizations or programs with 159
245-recognized expertise in working with child abuse prevention 160
246-programs for children and families; private or public 161
247-organizations or programs with recognized expertise in working 162
248-with children who ar e sexually abused, physically abused, 163
249-emotionally abused, abandoned, or neglected and with expertise 164
250-in working with the families of such children; private or public 165
251-programs or organizations with expertise in maternal and infant 166
252-health care; multidiscipli nary Child Protection Teams; child day 167
253-care centers; law enforcement agencies; and the circuit courts , 168
254-when guardian ad litem programs are not available in the local 169
255-area. The state plan to be provided to the Legislature and the 170
256-Governor shall include, as a minimum, the information required 171
257-of the various groups in paragraph (b). 172
258- Section 2. Subsection (2) of section 39.00145, Florida 173
259-Statutes, is amended to read: 174
260- 39.00145 Records concerning children. — 175
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269-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
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273- (2) Notwithstanding any other provision of this chapter, 176
274-all records in a child's case record must be made available for 177
275-inspection, upon request, to the child who is the subject of the 178
276-case record and to the child's caregiver, guardian ad litem, or 179
277-attorney ad litem, if one is appointed . 180
278- (a) A complete and accurate copy of any record in a 181
279-child's case record must be provided, upon request and at no 182
280-cost, to the child who is the subject of the case record and to 183
281-the child's caregiver, guardian ad litem, or attorney ad litem, 184
282-if one is appointed. 185
283- (b) The department shall release the information in a 186
284-manner and setting that are appropriate to the age and maturity 187
285-of the child and the nature of the information being released, 188
286-which may include the release of information in a therapeutic 189
287-setting, if appropriate. This paragraph does not deny the child 190
288-access to his or her records. 191
289- (c) If a child or the child's caregiver, guardian ad 192
290-litem, or attorney ad litem, if one is appointed, requests 193
291-access to the child's case record, any person or entity that 194
292-fails to provide any record in the case record under assertion 195
293-of a claim of exemption from the public records requirements of 196
294-chapter 119, or fails to provide access within a reasonable 197
295-time, is subject to sanctions and penalties under s. 119.10. 198
296- (d) For the purposes of this subsection, the term 199
297-"caregiver" is limited to parents, legal custodians, permanent 200
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306-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
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310-guardians, or foster parents; employees of a residential home, 201
311-institution, facility, or agency at which the child resides; and 202
312-other individuals legally responsible for a child's welfare in a 203
313-residential setting. 204
314- Section 3. Paragraph (a) of subsection (2) of section 205
315-39.00146, Florida Statutes, is amended to read: 206
316- 39.00146 Case record face sheet. — 207
317- (2) The case record of every child under the superv ision 208
318-or in the custody of the department or the department's 209
319-authorized agents, including community -based care lead agencies 210
320-and their subcontracted providers, must include a face sheet 211
321-containing relevant information about the child and his or her 212
322-case, including at least all of the following: 213
323- (a) General case information, including, but not limited 214
324-to, all of the following : 215
325- 1. The child's name and date of birth .; 216
326- 2. The current county of residence and the county of 217
327-residence at the time of the refe rral.; 218
328- 3. The reason for the referral and any family safety 219
329-concerns.; 220
330- 4. The personal identifying information of the parents or 221
331-legal custodians who had custody of the child at the time of the 222
332-referral, including name, date of birth, and county of 223
333-residence.; 224
334- 5. The date of removal from the home .; and 225
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343-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
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347- 6. The name and contact information of the attorney or 226
348-attorneys assigned to the case in all capacities, including the 227
349-attorney or attorneys that represent the department and the 228
350-parents, and the guar dian ad litem, if one has been appointed . 229
351- Section 4. Paragraph (b) of subsection (2) and paragraph 230
352-(b) of subsection (3) of section 39.0016, Florida Statutes, are 231
353-amended to read: 232
354- 39.0016 Education of abused, neglected, and abandoned 233
355-children; agency agreements; children having or suspected of 234
356-having a disability. — 235
357- (2) AGENCY AGREEMENTS. — 236
358- (b) The department shall enter into agreements with 237
359-district school boards or other local educational entities 238
360-regarding education and related services for child ren known to 239
361-the department who are of school age and children known to the 240
362-department who are younger than school age but who would 241
363-otherwise qualify for services from the district school board. 242
364-Such agreements must shall include, but are not limited to: 243
365- 1. A requirement that the department shall: 244
366- a. Ensure that children known to the department are 245
367-enrolled in school or in the best educational setting that meets 246
368-the needs of the child. The agreement must shall provide for 247
369-continuing the enrollment of a child known to the department at 248
370-the school of origin when possible if it is in the best interest 249
371-of the child, with the goal of minimal disruption of education. 250
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380-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
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384- b. Notify the school and school district in which a child 251
385-known to the department is enroll ed of the name and phone number 252
386-of the child known to the department caregiver and caseworker 253
387-for child safety purposes. 254
388- c. Establish a protocol for the department to share 255
389-information about a child known to the department with the 256
390-school district, consi stent with the Family Educational Rights 257
391-and Privacy Act, since the sharing of information will assist 258
392-each agency in obtaining education and related services for the 259
393-benefit of the child. The protocol must require the district 260
394-school boards or other local educational entities to access the 261
395-department's Florida Safe Families Network to obtain information 262
396-about children known to the department, consistent with the 263
397-Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 264
398-1232g. 265
399- d. Notify the school d istrict of the department's case 266
400-planning for a child known to the department, both at the time 267
401-of plan development and plan review. Within the plan development 268
402-or review process, the school district may provide information 269
403-regarding the child known to the department if the school 270
404-district deems it desirable and appropriate. 271
405- e. Show no prejudice against a caregiver who desires to 272
406-educate at home a child placed in his or her home through the 273
407-child welfare system. 274
408- 2. A requirement that the district school board shall: 275
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417-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
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421- a. Provide the department with a general listing of the 276
422-services and information available from the district school 277
423-board to facilitate educational access for a child known to the 278
424-department. 279
425- b. Identify all educational and other services provided by 280
426-the school and school district which the school district 281
427-believes are reasonably necessary to meet the educational needs 282
428-of a child known to the department. 283
429- c. Determine whether transportation is available for a 284
430-child known to the department when such transportation will 285
431-avoid a change in school assignment due to a change in 286
432-residential placement. Recognizing that continued enrollment in 287
433-the same school throughout the time the child known to the 288
434-department is in out -of-home care is preferable unless 289
435-enrollment in the same school would be unsafe or otherwise 290
436-impractical, the department, the district school board, and the 291
437-Department of Education shall assess the availability of 292
438-federal, charitable, or grant funding for such transportation. 293
439- d. Provide individualized student intervention or an 294
440-individual educational plan when a determination has been made 295
441-through legally appropriate criteria that intervention services 296
442-are required. The intervention or individual educational plan 297
443-must include strategies to enable the child known to the 298
444-department to maximize the attainment of educational goals. 299
445- 3. A requirement that the department and the district 300
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454-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
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458-school board shall cooperate in accessing the services and 301
459-supports needed for a child known to the department who has or 302
460-is suspected of having a disability to receive an appropriate 303
461-education consistent with the Individuals with Disabilities 304
462-Education Act and state implementing laws, rules, and 305
463-assurances. Coordination of services for a child known to the 306
464-department who has or is suspected of having a disability may 307
465-include: 308
466- a. Referral for screening. 309
467- b. Sharing of evaluations between the school district and 310
468-the department where appropriate. 311
469- c. Provision of education and related services appropriate 312
470-for the needs and abilities of the child known to the 313
471-department. 314
472- d. Coordination of services and plans between the school 315
473-and the residential setting to avoid duplication or conflicting 316
474-service plans. 317
475- e. Appointment of a surrogate parent, consistent with the 318
476-Individuals with Disabilities Education Act and pursuant to 319
477-subsection (3), for educational purposes for a child known to 320
478-the department who qualifies. 321
479- f. For each child known to the department 14 years of age 322
480-and older, transition pl anning by the department and all 323
481-providers, including the department's independent living program 324
482-staff and the guardian ad litem of the child , to meet the 325
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491-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
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495-requirements of the local school district for educational 326
496-purposes. 327
497- (3) CHILDREN HAVING OR SUSPECT ED OF HAVING A DISABILITY. — 328
498- (b)1. Each district school superintendent or dependency 329
499-court must appoint a surrogate parent for a child known to the 330
500-department who has or is suspected of having a disability, as 331
501-defined in s. 1003.01(9), when: 332
502- a. After reasonable efforts, no parent can be located; or 333
503- b. A court of competent jurisdiction over a child under 334
504-this chapter has determined that no person has the authority 335
505-under the Individuals with Disabilities Education Act, including 336
506-the parent or parents sub ject to the dependency action, or that 337
507-no person has the authority, willingness, or ability to serve as 338
508-the educational decisionmaker for the child without judicial 339
509-action. 340
510- 2. A surrogate parent appointed by the district school 341
511-superintendent or the cour t must be at least 18 years old and 342
512-have no personal or professional interest that conflicts with 343
513-the interests of the student to be represented. Neither the 344
514-district school superintendent nor the court may appoint an 345
515-employee of the Department of Educatio n, the local school 346
516-district, a community -based care provider, the Department of 347
517-Children and Families, or any other public or private agency 348
518-involved in the education or care of the child as appointment of 349
519-those persons is prohibited by federal law. This prohibition 350
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532-includes group home staff and therapeutic foster parents. 351
533-However, a person who acts in a parental role to a child, such 352
534-as a foster parent or relative caregiver, is not prohibited from 353
535-serving as a surrogate parent if he or she is employed by such 354
536-agency, willing to serve, and knowledgeable about the child and 355
537-the exceptional student education process. The surrogate parent 356
538-may be a court-appointed guardian ad litem or a relative or 357
539-nonrelative adult who is involved in the child's life regardles s 358
540-of whether that person has physical custody of the child. Each 359
541-person appointed as a surrogate parent must have the knowledge 360
542-and skills acquired by successfully completing training using 361
543-materials developed and approved by the Department of Education 362
544-to ensure adequate representation of the child. 363
545- 3. If a guardian ad litem has been appointed for a child, 364
546-The district school superintendent must first consider the 365
547-child's guardian ad litem when appointing a surrogate parent. 366
548-The district school superinte ndent must accept the appointment 367
549-of the court if he or she has not previously appointed a 368
550-surrogate parent. Similarly, the court must accept a surrogate 369
551-parent duly appointed by a district school superintendent. 370
552- 4. A surrogate parent appointed by the di strict school 371
553-superintendent or the court must be accepted by any subsequent 372
554-school or school district without regard to where the child is 373
555-receiving residential care so that a single surrogate parent can 374
556-follow the education of the child during his or her entire time 375
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569-in state custody. Nothing in this paragraph or in rule shall 376
570-limit or prohibit the continuance of a surrogate parent 377
571-appointment when the responsibility for the student's 378
572-educational placement moves among and between public and private 379
573-agencies. 380
574- 5. For a child known to the department, the responsibility 381
575-to appoint a surrogate parent resides with both the district 382
576-school superintendent and the court with jurisdiction over the 383
577-child. If the court elects to appoint a surrogate parent, notice 384
578-shall be provided as soon as practicable to the child's school. 385
579-At any time the court determines that it is in the best 386
580-interests of a child to remove a surrogate parent, the court may 387
581-appoint a new surrogate parent for educational decisionmaking 388
582-purposes for that child. 389
583- 6. The surrogate parent shall continue in the appointed 390
584-role until one of the following occurs: 391
585- a. The child is determined to no longer be eligible or in 392
586-need of special programs, except when termination of special 393
587-programs is being contes ted. 394
588- b. The child achieves permanency through adoption or legal 395
589-guardianship and is no longer in the custody of the department. 396
590- c. The parent who was previously unknown becomes known, 397
591-whose whereabouts were unknown is located, or who was 398
592-unavailable is determined by the court to be available. 399
593- d. The appointed surrogate no longer wishes to represent 400
594-
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604-
605-
606-the child or is unable to represent the child. 401
607- e. The superintendent of the school district in which the 402
608-child is attending school, the Department of Edu cation contract 403
609-designee, or the court that appointed the surrogate determines 404
610-that the appointed surrogate parent no longer adequately 405
611-represents the child. 406
612- f. The child moves to a geographic location that is not 407
613-reasonably accessible to the appointed s urrogate. 408
614- 7. The appointment and termination of appointment of a 409
615-surrogate under this paragraph shall be entered as an order of 410
616-the court with a copy of the order provided to the child's 411
617-school as soon as practicable. 412
618- 8. The person appointed as a surro gate parent under this 413
619-paragraph must: 414
620- a. Be acquainted with the child and become knowledgeable 415
621-about his or her disability and educational needs. 416
622- b. Represent the child in all matters relating to 417
623-identification, evaluation, and educational placement a nd the 418
624-provision of a free and appropriate education to the child. 419
625- c. Represent the interests and safeguard the rights of the 420
626-child in educational decisions that affect the child. 421
627- 9. The responsibilities of the person appointed as a 422
628-surrogate parent shall not extend to the care, maintenance, 423
629-custody, residential placement, or any other area not 424
630-specifically related to the education of the child, unless the 425
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641-
642-
643-same person is appointed by the court for such other purposes. 426
644- 10. A person appointed as a surro gate parent shall enjoy 427
645-all of the procedural safeguards afforded a parent with respect 428
646-to the identification, evaluation, and educational placement of 429
647-a student with a disability or a student who is suspected of 430
648-having a disability. 431
649- 11. A person appoint ed as a surrogate parent shall not be 432
650-held liable for actions taken in good faith on behalf of the 433
651-student in protecting the special education rights of the child. 434
652- Section 5. Subsections (8) through (30) and (31) through 435
653-(87) of section 39.01, Florida Statutes, are renumbered as 436
654-subsections (9) through (31) and (34) through (90), 437
655-respectively, present subsections (9), (36), and (58) are 438
656-amended, and new subsections (8), (32), and (33) are added to 439
657-that section, to read: 440
658- 39.01 Definitions.—When used in this chapter, unless the 441
659-context otherwise requires: 442
660- (8) "Attorney ad litem" means an attorney appointed by the 443
661-court to represent a child in a dependency case who has an 444
662-attorney-client relationship with the child under the rules 445
663-regulating The Florida Bar. 446
664- (10)(9) "Caregiver" means the parent, legal custodian, 447
665-permanent guardian, adult household member, or other person 448
666-responsible for a child's welfare as defined in subsection 449
667-(57)(54). 450
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678-
679-
680- (32) "Guardian ad litem" means a person or an entity that 451
681-is a fiduciary appointed by the court to represent a child in 452
682-any civil, criminal, or administrative proceeding to which the 453
683-child is a party, including, but not limited to, under this 454
684-chapter, which uses a best interest standard for decisionmaking 455
685-and advocacy. For purposes of this chapter, the term includes, 456
686-but is not limited to, the Statewide Guardian ad Litem Office, 457
687-which includes all circuit guardian ad litem offices and the 458
688-duly certified volunteers, staff, and attorneys assigned by the 459
689-Statewide Guardian ad Litem Office to represent children; a 460
690-court-appointed attorney; or a responsible adult who is 461
691-appointed by the court. A guardian ad litem is a party to the 462
692-judicial proceeding as a representative of the child and serves 463
693-until the jurisdiction of the court over the child terminates or 464
694-until excused by the court. 465
695- (33) "Guardian advocate" means a person appointed by the 466
696-court to act on behalf of a drug -dependent newborn under part XI 467
697-of this chapter. 468
698- (39)(36) "Institutional child abuse or neglect" me ans 469
699-situations of known or suspected child abuse or neglect in which 470
700-the person allegedly perpetrating the child abuse or neglect is 471
701-an employee of a public or private school, public or private day 472
702-care center, residential home, institution, facility, or a gency 473
703-or any other person at such institution responsible for the 474
704-child's welfare as defined in subsection (57)(54). 475
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714-
715-
716-
717- (61)(58) "Party" means the parent or parents of the child, 476
718-the petitioner, the department, the guardian ad litem or the 477
719-representative of the guardian ad litem program when the program 478
720-has been appointed, and the child. The presence of the child may 479
721-be excused by order of the court when presence would not be in 480
722-the child's best interest. Notice to the child may be excused by 481
723-order of the court when the age, capacity, or other condition of 482
724-the child is such that the notice would be meaningless or 483
725-detrimental to the child. 484
726- Section 6. Subsection (11) of section 39.013, Florida 485
727-Statutes, is amended to read: 486
728- 39.013 Procedures and jurisdicti on; right to counsel ; 487
729-guardian ad litem.— 488
730- (11) The court shall appoint a guardian ad litem at the 489
731-earliest possible time to represent a child throughout the 490
732-proceedings, including any appeals. The guardian ad litem may 491
733-represent the child in proceedings outside of the dependency 492
734-case to secure the services and benefits that provide for the 493
735-care, safety, and protection of the child encourage the 494
736-Statewide Guardian Ad Litem Office to provide greater 495
737-representation to those children who are within 1 year of 496
738-transferring out of foster care . 497
739- Section 7. Paragraph (b) of subsection (1) of section 498
740-39.01305, Florida Statutes, is amended to read: 499
741- 39.01305 Appointment of an attorney for a dependent child 500
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750-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
751-
752-
753-
754-with certain special needs. — 501
755- (1) 502
756- (b) The Legislature r ecognizes the existence of 503
757-organizations that provide attorney representation to children 504
758-in certain jurisdictions throughout the state. Further, the 505
759-Statewide Guardian Ad Litem Office Program provides best 506
760-interest representation for dependent children in every 507
761-jurisdiction in accordance with state and federal law. The 508
762-Legislature, therefore, does not intend that funding provided 509
763-for representation under this section supplant proven and 510
764-existing organizations representing children. Instead, the 511
765-Legislature intends that funding provided for representation 512
766-under this section be an additional resource for the 513
767-representation of more children in these jurisdictions, to the 514
768-extent necessary to meet the requirements of this chapter, with 515
769-the cooperation of existin g local organizations or through the 516
770-expansion of those organizations. The Legislature encourages the 517
771-expansion of pro bono representation for children. This section 518
772-is not intended to limit the ability of a pro bono attorney to 519
773-appear on behalf of a child . 520
774- Section 8. Subsection (3) of section 39.0132, Florida 521
775-Statutes, is amended to read: 522
776- 39.0132 Oaths, records, and confidential information. — 523
777- (3) The clerk shall keep all court records required by 524
778-this chapter separate from other records of the circ uit court. 525
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787-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
788-
789-
790-
791-All court records required by this chapter may shall not be open 526
792-to inspection by the public. All records may shall be inspected 527
793-only upon order of the court by persons deemed by the court to 528
794-have a proper interest therein, except that, subject to the 529
795-provisions of s. 63.162, a child, and the parents of the child 530
796-and their attorneys, the guardian ad litem, criminal conflict 531
797-and civil regional counsels, law enforcement agencies, and the 532
798-department and its designees , and the attorney ad litem, if o ne 533
799-is appointed, shall always have the right to inspect and copy 534
800-any official record pertaining to the child. The Justice 535
801-Administrative Commission may inspect court dockets required by 536
802-this chapter as necessary to audit compensation of court -537
803-appointed attorneys ad litem. If the docket is insufficient for 538
804-purposes of the audit, the commission may petition the court for 539
805-additional documentation as necessary and appropriate. The court 540
806-may permit authorized representatives of recognized 541
807-organizations compiling statistics for proper purposes to 542
808-inspect and make abstracts from official records, under whatever 543
809-conditions upon their use and disposition the court may deem 544
810-proper, and may punish by contempt proceedings any violation of 545
811-those conditions. 546
812- Section 9. Paragraph (a) of subsection (3) of section 547
813-39.0136, Florida Statutes, is amended to read: 548
814- 39.0136 Time limitations; continuances. — 549
815- (3) The time limitations in this chapter do not include: 550
816-
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824-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
825-
826-
827-
828- (a) Periods of delay resulting from a continuance granted 551
829-at the request of the child's counsel , or the child's guardian 552
830-ad litem, or attorney ad litem, if one is appointed , if the 553
831-child is of sufficient capacity to express reasonable consent, 554
832-at the request or with the consent of the child . The court must 555
833-consider the best interests of the child when determining 556
834-periods of delay under this section. 557
835- Section 10. Subsection (7) of section 39.01375, Florida 558
836-Statutes, is amended to read: 559
837- 39.01375 Best interest determination for placement. —The 560
838-department, community -based care lead agency, or court shall 561
839-consider all of the following factors when determining whether a 562
840-proposed placement under this chapter is in the child's best 563
841-interest: 564
842- (7) The recommendation of the child's guardian ad litem , 565
843-if one has been appoi nted. 566
844- Section 11. Paragraphs (a) and (b) of subsection (4) of 567
845-section 39.0139, Florida Statutes, are amended to read: 568
846- 39.0139 Visitation or other contact; restrictions. — 569
847- (4) HEARINGS.—A person who meets any of the criteria set 570
848-forth in paragraph (3 )(a) who seeks to begin or resume contact 571
849-with the child victim shall have the right to an evidentiary 572
850-hearing to determine whether contact is appropriate. 573
851- (a) Before Prior to the hearing, the court shall appoint 574
852-an attorney ad litem or a guardian ad litem for the child if one 575
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862-
863-
864-
865-has not already been appointed. The guardian ad litem and Any 576
866-attorney ad litem, if one is or guardian ad litem appointed, 577
867-must shall have special training in the dynamics of child sexual 578
868-abuse. 579
869- (b) At the hearing, the court may receive and rely upon 580
870-any relevant and material evidence submitted to the extent of 581
871-its probative value, including written and oral reports or 582
872-recommendations from the Child Protection Team, the child's 583
873-therapist, the child's guardian ad litem, or the child's 584
874-attorney ad litem, if one is appointed, even if these reports, 585
875-recommendations, and evidence may not be admissible under the 586
876-rules of evidence. 587
877- Section 12. Paragraphs (d) and (t) of subsection (2) of 588
878-section 39.202, Florida Statutes, are amended to read: 589
879- 39.202 Confidentiality of reports and records in cases of 590
880-child abuse or neglect; exception. — 591
881- (2) Except as provided in subsection (4), access to such 592
882-records, excluding the name of, or other identifying inform ation 593
883-with respect to, the reporter which may only shall be released 594
884-only as provided in subsection (5), may only shall be granted 595
885-only to the following persons, officials, and agencies: 596
886- (d) The parent or legal custodian of any child who is 597
887-alleged to have been abused, abandoned, or neglected ; the child; 598
888-the child's guardian ad litem; the child's attorney ad litem, if 599
889-one is appointed; or , and the child, and their attorneys, 600
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898-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
899-
900-
901-
902-including any attorney representing a child in civil or criminal 601
903-proceedings. This access must shall be made available no later 602
904-than 60 days after the department receives the initial report of 603
905-abuse, neglect, or abandonment. However, any information 604
906-otherwise made confidential or exempt by law may shall not be 605
907-released pursuant to th is paragraph. 606
908- (t) Persons with whom the department is seeking to place 607
909-the child or to whom placement has been granted, including 608
910-foster parents for whom an approved home study has been 609
911-conducted, the designee of a licensed child -caring agency as 610
912-defined in s. 39.01 s. 39.01(41), an approved relative or 611
913-nonrelative with whom a child is placed pursuant to s. 39.402, 612
914-preadoptive parents for whom a favorable preliminary adoptive 613
915-home study has been conducted, adoptive parents, or an adoption 614
916-entity acting on behalf of preadoptive or adoptive parents. 615
917- Section 13. Paragraph (c) of subsection (8), paragraphs 616
918-(b) and (c) of subsection (11), and paragraph (a) of subsection 617
919-(14) of section 39.402, Florida Statutes, are amended to read: 618
920- 39.402 Placement in a s helter.— 619
921- (8) 620
922- (c) At the shelter hearing, the court shall: 621
923- 1. Appoint a guardian ad litem to represent the best 622
924-interest of the child , unless the court finds that such 623
925-representation is unnecessary ; 624
926- 2. Inform the parents or legal custodians of their right 625
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937-
938-
939-to counsel to represent them at the shelter hearing and at each 626
940-subsequent hearing or proceeding, and the right of the parents 627
941-to appointed counsel, pursuant to the procedures set forth in s. 628
942-39.013; 629
943- 3. Give the parents or legal custodians an oppor tunity to 630
944-be heard and to present evidence; and 631
945- 4. Inquire of those present at the shelter hearing as to 632
946-the identity and location of the legal father. In determining 633
947-who the legal father of the child may be, the court shall 634
948-inquire under oath of those p resent at the shelter hearing 635
949-whether they have any of the following information: 636
950- a. Whether the mother of the child was married at the 637
951-probable time of conception of the child or at the time of birth 638
952-of the child. 639
953- b. Whether the mother was cohabiting with a male at the 640
954-probable time of conception of the child. 641
955- c. Whether the mother has received payments or promises of 642
956-support with respect to the child or because of her pregnancy 643
957-from a man who claims to be the father. 644
958- d. Whether the mother has name d any man as the father on 645
959-the birth certificate of the child or in connection with 646
960-applying for or receiving public assistance. 647
961- e. Whether any man has acknowledged or claimed paternity 648
962-of the child in a jurisdiction in which the mother resided at 649
963-the time of or since conception of the child or in which the 650
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974-
975-
976-child has resided or resides. 651
977- f. Whether a man is named on the birth certificate of the 652
978-child pursuant to s. 382.013(2). 653
979- g. Whether a man has been determined by a court order to 654
980-be the father of the child. 655
981- h. Whether a man has been determined to be the father of 656
982-the child by the Department of Revenue as provided in s. 657
983-409.256. 658
984- (11) 659
985- (b) The court shall request that the parents consent to 660
986-provide access to the child's medical records and provide 661
987-information to the court, the department or its contract 662
988-agencies, and the any guardian ad litem and or attorney ad 663
989-litem, if one is appointed, for the child. If a parent is 664
990-unavailable or unable to consent or withholds consent and the 665
991-court determines acc ess to the records and information is 666
992-necessary to provide services to the child, the court shall 667
993-issue an order granting access. The court may also order the 668
994-parents to provide all known medical information to the 669
995-department and to any others granted acce ss under this 670
996-subsection. 671
997- (c) The court shall request that the parents consent to 672
998-provide access to the child's child care records, early 673
999-education program records, or other educational records and 674
1000-provide information to the court, the department or its contract 675
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1010-
1011-
1012-
1013-agencies, and the any guardian ad litem and or attorney ad 676
1014-litem, if one is appointed, for the child. If a parent is 677
1015-unavailable or unable to consent or withholds consent and the 678
1016-court determines access to the records and information is 679
1017-necessary to provide services to the child, the court shall 680
1018-issue an order granting access. 681
1019- (14) The time limitations in this section do not include: 682
1020- (a) Periods of delay resulting from a continuance granted 683
1021-at the request or with the consent of the child's counsel or the 684
1022-child's guardian ad litem or attorney ad litem , if one is has 685
1023-been appointed by the court , or, if the child is of sufficient 686
1024-capacity to express reasonable consent, at the request or with 687
1025-the consent of the child's attorney or the child's guardi an ad 688
1026-litem, if one has been appointed by the court, and the child . 689
1027- Section 14. Paragraphs (a) and (b) of subsection (4) of 690
1028-section 39.4022, Florida Statutes, are amended to read: 691
1029- 39.4022 Multidisciplinary teams; staffings; assessments; 692
1030-report.— 693
1031- (4) PARTICIPANTS.— 694
1032- (a) Collaboration among diverse individuals who are part 695
1033-of the child's network is necessary to make the most informed 696
1034-decisions possible for the child. A diverse team is preferable 697
1035-to ensure that the necessary combination of technical s kills, 698
1036-cultural knowledge, community resources, and personal 699
1037-relationships is developed and maintained for the child and 700
1038-
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1048-
1049-
1050-family. The participants necessary to achieve an appropriately 701
1051-diverse team for a child may vary by child and may include 702
1052-extended family, friends, neighbors, coaches, clergy, coworkers, 703
1053-or others the family identifies as potential sources of support. 704
1054- 1. Each multidisciplinary team staffing must invite the 705
1055-following members: 706
1056- a. The child, unless he or she is not of an age or 707
1057-capacity to participate in the team , and the child's guardian ad 708
1058-litem; 709
1059- b. The child's family members and other individuals 710
1060-identified by the family as being important to the child, 711
1061-provided that a parent who has a no contact order or injunction, 712
1062-is alleged to have sexually abused the child, or is subject to a 713
1063-termination of parental rights may not participate; 714
1064- c. The current caregiver, provided the caregiver is not a 715
1065-parent who meets the criteria of one of the exceptions under 716
1066-sub-subparagraph b.; 717
1067- d. A representative from the department other than the 718
1068-Children's Legal Services attorney, when the department is 719
1069-directly involved in the goal identified by the staffing; 720
1070- e. A representative from the community -based care lead 721
1071-agency, when the lead agency is direct ly involved in the goal 722
1072-identified by the staffing; 723
1073- f. The case manager for the child, or his or her case 724
1074-manager supervisor; and 725
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1084-
1085-
1086-
1087- g. A representative from the Department of Juvenile 726
1088-Justice, if the child is dually involved with both the 727
1089-department and the Department of Juvenile Justice. 728
1090- 2. The multidisciplinary team must make reasonable efforts 729
1091-to have all mandatory invitees attend. However, the 730
1092-multidisciplinary team staffing may not be delayed if the 731
1093-invitees in subparagraph 1. fail to attend after being provided 732
1094-reasonable opportunities. 733
1095- (b) Based on the particular goal the multidisciplinary 734
1096-team staffing identifies as the purpose of convening the 735
1097-staffing as provided under subsection (5), the department or 736
1098-lead agency may also invite to the meeti ng other professionals, 737
1099-including, but not limited to: 738
1100- 1. A representative from Children's Medical Services; 739
1101- 2. A guardian ad litem, if one is appointed; 740
1102- 2.3. A school personnel representative who has direct 741
1103-contact with the child; 742
1104- 3.4. A therapist or other behavioral health professional, 743
1105-if applicable; 744
1106- 4.5. A mental health professional with expertise in 745
1107-sibling bonding, if the department or lead agency deems such 746
1108-expert is necessary; or 747
1109- 5.6. Other community providers of services to the child or 748
1110-stakeholders, when applicable. 749
1111- Section 15. Paragraph (d) of subsection (3) and paragraph 750
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1123-
1124-(c) of subsection (4) of section 39.4023, Florida Statutes, are 751
1125-amended to read: 752
1126- 39.4023 Placement and education transitions; transition 753
1127-plans.— 754
1128- (3) PLACEMENT TRANSITIONS.— 755
1129- (d) Transition planning. — 756
1130- 1. If the supportive services provided pursuant to 757
1131-paragraph (c) have not been successful to make the maintenance 758
1132-of the placement suitable or if there are other circumstances 759
1133-that require the child to be moved, the department or the 760
1134-community-based care lead agency must convene a 761
1135-multidisciplinary team staffing as required under s. 39.4022 762
1136-before the child's placement is changed, or within 72 hours of 763
1137-moving the child in an emergency situation, for the purpose o f 764
1138-developing an appropriate transition plan. 765
1139- 2. A placement change may occur immediately in an 766
1140-emergency situation without convening a multidisciplinary team 767
1141-staffing. However, a multidisciplinary team staffing must be 768
1142-held within 72 hours after the emer gency situation arises. 769
1143- 3. The department or the community -based care lead agency 770
1144-must provide written notice of the planned move at least 14 days 771
1145-before the move or within 72 hours after an emergency situation, 772
1146-to the greatest extent possible and consis tent with the child's 773
1147-needs and preferences. The notice must include the reason a 774
1148-placement change is necessary. A copy of the notice must be 775
1149-
1150-CS/CS/HB 185 2024
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1157-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
1158-
1159-
1160-
1161-filed with the court and be provided to all of the following : 776
1162- a. The child, unless he or she, due to age or capa city, is 777
1163-unable to comprehend the written notice, which will necessitate 778
1164-the department or lead agency to provide notice in an age -779
1165-appropriate and capacity -appropriate alternative manner .; 780
1166- b. The child's parents, unless prohibited by court order .; 781
1167- c. The child's out-of-home caregiver.; 782
1168- d. The guardian ad litem ., if one is appointed; 783
1169- e. The attorney ad litem for the child, if one is 784
1170-appointed.; and 785
1171- f. The attorney for the department. 786
1172- 4. The transition plan must be developed through 787
1173-cooperation among the persons included in subparagraph 3., and 788
1174-such persons must share any relevant information necessary for 789
1175-its development. Subject to the child's needs and preferences, 790
1176-the transition plan must meet the requirements of s. 791
1177-409.1415(2)(b)8. and exclu de any placement changes that occur 792
1178-between 7 p.m. and 8 a.m. 793
1179- 5. The department or the community -based care lead agency 794
1180-shall file the transition plan with the court within 48 hours 795
1181-after the creation of such plan and provide a copy of the plan 796
1182-to the persons included in subparagraph 3. 797
1183- (4) EDUCATION TRANSITIONS. — 798
1184- (c) Minimizing school changes. — 799
1185- 1. Every effort must be made to keep a child in the school 800
1186-
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1194-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
1195-
1196-
1197-
1198-of origin if it is in the child's best interest. Any placement 801
1199-decision must include thoughtful c onsideration of which school a 802
1200-child will attend if a school change is necessary. 803
1201- 2. Members of a multidisciplinary team staffing convened 804
1202-for a purpose other than a school change must determine the 805
1203-child's best interest regarding remaining in the school or 806
1204-program of origin if the child's educational options are 807
1205-affected by any other decision being made by the 808
1206-multidisciplinary team. 809
1207- 3. The determination of whether it is in the child's best 810
1208-interest to remain in the school of origin, and if not, of whi ch 811
1209-school the child will attend in the future, must be made in 812
1210-consultation with the following individuals, including, but not 813
1211-limited to, the child; the parents; the caregiver; the child 814
1212-welfare professional; the guardian ad litem , if appointed; the 815
1213-educational surrogate, if appointed; child care and educational 816
1214-staff, including teachers and guidance counselors; and the 817
1215-school district representative or foster care liaison. A 818
1216-multidisciplinary team member may contact any of these 819
1217-individuals in advance of a multidisciplinary team staffing to 820
1218-obtain his or her recommendation. An individual may remotely 821
1219-attend the multidisciplinary team staffing if one of the 822
1220-identified goals is related to determining an educational 823
1221-placement. The multidisciplinary team may r ely on a report from 824
1222-the child's current school or program district and, if 825
1223-
1224-CS/CS/HB 185 2024
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1231-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
1232-
1233-
1234-
1235-applicable, any other school district being considered for the 826
1236-educational placement if the required school personnel are not 827
1237-available to attend the multidisciplinary team staffin g in 828
1238-person or remotely. 829
1239- 4. The multidisciplinary team and the individuals listed 830
1240-in subparagraph 3. must consider, at a minimum, all of the 831
1241-following factors when determining whether remaining in the 832
1242-school or program of origin is in the child's best in terest or, 833
1243-if not, when selecting a new school or program: 834
1244- a. The child's desire to remain in the school or program 835
1245-of origin. 836
1246- b. The preference of the child's parents or legal 837
1247-guardians. 838
1248- c. Whether the child has siblings, close friends, or 839
1249-mentors at the school or program of origin. 840
1250- d. The child's cultural and community connections in the 841
1251-school or program of origin. 842
1252- e. Whether the child is suspected of having a disability 843
1253-under the Individuals with Disabilities Education Act (IDEA) or 844
1254-s. 504 of the Rehabilitation Act of 1973, or has begun receiving 845
1255-interventions under this state's multitiered system of supports. 846
1256- f. Whether the child has an evaluation pending for special 847
1257-education and related services under IDEA or s. 504 of the 848
1258-Rehabilitation Act of 1973. 849
1259- g. Whether the child is a student with a disability under 850
1260-
1261-CS/CS/HB 185 2024
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1268-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
1269-
1270-
1271-
1272-IDEA who is receiving special education and related services or 851
1273-a student with a disability under s. 504 of the Rehabilitation 852
1274-Act of 1973 who is receiving accommodations and services and, if 853
1275-so, whether those required services are available in a school or 854
1276-program other than the school or program of origin. 855
1277- h. Whether the child is an English Language Learner 856
1278-student and is receiving language services and, if so, whether 857
1279-those required services are available in a school or program 858
1280-other than the school or program of origin. 859
1281- i. The impact a change to the school or program of origin 860
1282-would have on academic credits and progress toward promotion. 861
1283- j. The availability of extracurricular ac tivities 862
1284-important to the child. 863
1285- k. The child's known individualized educational plan or 864
1286-other medical and behavioral health needs and whether such plan 865
1287-or needs are able to be met at a school or program other than 866
1288-the school or program of origin. 867
1289- l. The child's permanency goal and timeframe for achieving 868
1290-permanency. 869
1291- m. The child's history of school transfers and how such 870
1292-transfers have impacted the child academically, emotionally, and 871
1293-behaviorally. 872
1294- n. The length of the commute to the school or prog ram from 873
1295-the child's home or placement and how such commute would impact 874
1296-the child. 875
1297-
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1305-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
1306-
1307-
1308-
1309- o. The length of time the child has attended the school or 876
1310-program of origin. 877
1311- 5. The cost of transportation cannot be a factor in making 878
1312-a best interest determination. 879
1313- Section 16. Paragraph (f) of subsection (3) of section 880
1314-39.407, Florida Statutes, is amended to read: 881
1315- 39.407 Medical, psychiatric, and psychological examination 882
1316-and treatment of child; physical, mental, or substance abuse 883
1317-examination of person with or requesting child custody. — 884
1318- (3) 885
1319- (f)1. The department shall fully inform the court of the 886
1320-child's medical and behavioral status as part of the social 887
1321-services report prepared for each judicial review hearing held 888
1322-for a child for whom psychotropic medication has been prescribed 889
1323-or provided under this subsection. As a part of the information 890
1324-provided to the court, the department shall furnish copies of 891
1325-all pertinent medical records concerning the child which have 892
1326-been generated since the previous hearing. On its own motion or 893
1327-on good cause shown by any party, including the any guardian ad 894
1328-litem, attorney, or attorney ad litem , if one is who has been 895
1329-appointed to represent the child or the child's interests , the 896
1330-court may review the status more frequently than required in 897
1331-this subsection. 898
1332- 2. The court may, in the best interests of the child, 899
1333-order the department to obtain a medical opinion addressing 900
1334-
1335-CS/CS/HB 185 2024
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1342-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
1343-
1344-
1345-
1346-whether the continued use of the medication under the 901
1347-circumstances is safe and medically appropriate. 902
1348- Section 17. Paragraphs (m), (t), and (u) of subsection (1) 903
1349-of section 39.4085, Florida Statutes, are amended to read: 904
1350- 39.4085 Goals for dependent children; responsibilities; 905
1351-education; Office of the Children's Ombudsman. — 906
1352- (1) The Legislature finds that the design and delivery of 907
1353-child welfare services should be directed by the principle that 908
1354-the health and safety of children, including the freedom from 909
1355-abuse, abandonment, or neglect, is of paramount concern and, 910
1356-therefore, establishes the following goals for children in 911
1357-shelter or foster care: 912
1358- (m) To receive meaningful case management and planning 913
1359-that will quickly return the child to his or her family or move 914
1360-the child on to other forms of permanency. For a child who is 915
1361-transitioning from foster care to independent living, permanency 916
1362-includes establishing naturally occurring, lifelong, kin -like 917
1363-connections between the child and a supportive adult. 918
1364- (t) To have a guardian ad litem appointed to represent, 919
1365-within reason, their best interests and, if appropriate, an 920
1366-attorney ad litem appointed to represent their legal interests ; 921
1367-the guardian ad litem and attorney ad litem , if one is 922
1368-appointed, shall have immediate and unlimited access to the 923
1369-children they represent. 924
1370- (u) To have all their records available for review by 925
1371-
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1379-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
1380-
1381-
1382-
1383-their guardian ad li tem and attorney ad litem , if one is 926
1384-appointed, if they deem such review necessary. 927
1385- 928
1386-This subsection establishes goals and not rights. This 929
1387-subsection does not require the delivery of any particular 930
1388-service or level of service in excess of existing 931
1389-appropriations. A person does not have a cause of action against 932
1390-the state or any of its subdivisions, agencies, contractors, 933
1391-subcontractors, or agents, based upon the adoption of or failure 934
1392-to provide adequate funding for the achievement of these goals 935
1393-by the Legislature. This subsection does not require the 936
1394-expenditure of funds to meet the goals established in this 937
1395-subsection except those funds specifically appropriated for such 938
1396-purpose. 939
1397- Section 18. Subsection (8) of section 39.502, Florida 940
1398-Statutes, is amended to read: 941
1399- 39.502 Notice, process, and service. — 942
1400- (8) It is not necessary to the validity of a proceeding 943
1401-covered by this part that the parents be present if their 944
1402-identity or residence is unknown after a diligent search has 945
1403-been made; however, but in this event the petitioner must shall 946
1404-file an affidavit of diligent search prepared by the person who 947
1405-made the search and inquiry, and the court must may appoint a 948
1406-guardian ad litem for the child if a guardian ad litem has not 949
1407-previously been appointed . 950
1408-
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1416-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
1417-
1418-
1419-
1420- Section 19. Paragraph (c) of subsection (3) of section 951
1421-39.522, Florida Statutes, is amended to read: 952
1422- 39.522 Postdisposition change of custody. — 953
1423- (3) 954
1424- (c)1. The department or community -based care lead agency 955
1425-must notify a current caregiver who has been in the physical 956
1426-custody placement for at least 9 consecutive months and who 957
1427-meets all the established criteria in paragraph (b) of an intent 958
1428-to change the physical custody of the child, and a 959
1429-multidisciplinary team staffing must be held in accordance with 960
1430-ss. 39.4022 and 39.4023 at least 21 days before the intended 961
1431-date for the child's change in physical custody, unless there is 962
1432-an emergency situation as defined in s. 39.4022(2)(b). If there 963
1433-is not a unanimous consensus decision reached by the 964
1434-multidisciplinary team, the department's official position must 965
1435-be provided to the parties within the designated time period as 966
1436-provided for in s. 39.4022. 967
1437- 2. A caregiver who objects to the department's official 968
1438-position on the change in physical custody must notify the court 969
1439-and the department or community -based care lead agency of his or 970
1440-her objection and the intent to request an evidentiary hearing 971
1441-in writing in accordance with this section within 5 days after 972
1442-receiving notice of the department's official position provided 973
1443-under subparagraph 1. The transition of the child to the new 974
1444-caregiver may not begin before the expiration of the 5 -day 975
1445-
1446-CS/CS/HB 185 2024
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1453-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
1454-
1455-
1456-
1457-period within which the current caregiver may object. 976
1458- 3. Upon the department or community -based care lead agency 977
1459-receiving written notice of the caregiver's objection, the 978
1460-change to the child's physical custody must be placed in 979
1461-abeyance and the child may not be transitioned to a new physical 980
1462-placement without a court order, unless there is an emergency 981
1463-situation as defined in s. 39.4022(2)(b). 982
1464- 4. Within 7 days after receiving written notice from the 983
1465-caregiver, the court must conduct an initial case status 984
1466-hearing, at which time the court must do all of the following : 985
1467- a. Grant party status to the current caregiver who is 986
1468-seeking permanent custody and has maintained physical custody of 987
1469-that child for at least 9 continuous months for the limited 988
1470-purpose of filing a motion for a hearing on the objection and 989
1471-presenting evidence pursuant to this subsection .; 990
1472- b. Appoint an attorn ey for the child who is the subject of 991
1473-the permanent custody proceeding, in addition to the guardian ad 992
1474-litem, if one is appointed; 993
1475- b.c. Advise the caregiver of his or her right to retain 994
1476-counsel for purposes of the evidentiary hearing .; and 995
1477- c.d. Appoint a court-selected neutral and independent 996
1478-licensed professional with expertise in the science and research 997
1479-of child-parent bonding. 998
1480- Section 20. Paragraph (c) of subsection (1) and paragraph 999
1481-(c) of subsection (3) of section 39.6012, Florida Statutes, are 1000
1482-
1483-CS/CS/HB 185 2024
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1490-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
1491-
1492-
1493-
1494-amended to read: 1001
1495- 39.6012 Case plan tasks; services. — 1002
1496- (1) The services to be provided to the parent and the 1003
1497-tasks that must be completed are subject to the following: 1004
1498- (c) If there is evidence of harm as defined in s. 1005
1499-39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 1006
1500-required task for the parent whose actions caused the harm that 1007
1501-the parent submit to a substance abuse disorder assessment or 1008
1502-evaluation and participate and comply with treatment and 1009
1503-services identified in the assessment or evaluation as being 1010
1504-necessary. 1011
1505- (3) In addition to any other requirement, if the child is 1012
1506-in an out-of-home placement, the case plan must include: 1013
1507- (c) When appropriate, for a child who is 13 years of age 1014
1508-or older, a written description of the programs and services 1015
1509-that will help the child prepare for the transition from foster 1016
1510-care to independent living. The written description must include 1017
1511-age-appropriate activities for the child's development of 1018
1512-relationships, coping skills, and emotional well -being. 1019
1513- Section 21. Section 39.6036, Florida Statutes, is created 1020
1514-to read: 1021
1515- 39.6036 Supportive adults for children transitioning out 1022
1516-of foster care.— 1023
1517- (1) The Legislature finds that a committed, caring adult 1024
1518-provides a lifeline for a child transitioning out of foster care 1025
1519-
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1527-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
1528-
1529-
1530-
1531-to live independently. Accordingly, it is the intent of the 1026
1532-Legislature that the Statewide Guardian ad Litem Office help 1027
1533-children connect with supportive adults with the hope of 1028
1534-creating an ongoing relationship that lasts into adulthood. 1029
1535- (2) The Statewide Guardian ad Litem Office shall work with 1030
1536-a child who is transitioning out of foster care to identify at 1031
1537-least one supportive adult wi th whom the child can enter into a 1032
1538-formal agreement for an ongoing relationship and document such 1033
1539-agreement in the child's court file. If the child cannot 1034
1540-identify a supportive adult, the Statewide Guardian ad Litem 1035
1541-Office shall work in coordination with t he Office of Continuing 1036
1542-Care to identify at least one supportive adult with whom the 1037
1543-child can enter into a formal agreement for an ongoing 1038
1544-relationship and document such agreement in the child's court 1039
1545-file. 1040
1546- Section 22. Paragraph (c) of subsection (10) of section 1041
1547-39.621, Florida Statutes, is amended to read: 1042
1548- 39.621 Permanency determination by the court. — 1043
1549- (10) The permanency placement is intended to continue 1044
1550-until the child reaches the age of majority and may not be 1045
1551-disturbed absent a finding by the court that the circumstances 1046
1552-of the permanency placement are no longer in the best interest 1047
1553-of the child. 1048
1554- (c) The court shall base its decision concerning any 1049
1555-motion by a parent for reunification or increased contact with a 1050
1556-
1557-CS/CS/HB 185 2024
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1564-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
1565-
1566-
1567-
1568-child on the effect of the dec ision on the safety, well -being, 1051
1569-and physical and emotional health of the child. Factors that 1052
1570-must be considered and addressed in the findings of fact of the 1053
1571-order on the motion must include: 1054
1572- 1. The compliance or noncompliance of the parent with the 1055
1573-case plan; 1056
1574- 2. The circumstances which caused the child's dependency 1057
1575-and whether those circumstances have been resolved; 1058
1576- 3. The stability and longevity of the child's placement; 1059
1577- 4. The preferences of the child, if the child is of 1060
1578-sufficient age and unders tanding to express a preference; 1061
1579- 5. The recommendation of the current custodian; and 1062
1580- 6. Any The recommendation of the guardian ad litem , if one 1063
1581-has been appointed. 1064
1582- Section 23. Subsection (2) of section 39.6241, Florida 1065
1583-Statutes, is amended to read: 1066
1584- 39.6241 Another planned permanent living arrangement. — 1067
1585- (2) The department and the guardian ad litem must provide 1068
1586-the court with a recommended list and description of services 1069
1587-needed by the child, such as independent living services and 1070
1588-medical, dental, educational, or psychological referrals, and a 1071
1589-recommended list and description of services needed by his or 1072
1590-her caregiver. The guardian ad litem must also advise the court 1073
1591-whether the child has been connected with a supportive adult 1074
1592-and, if the child ha s been connected with a supportive adult, 1075
1593-
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1601-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
1602-
1603-
1604-
1605-whether the child has entered into a formal agreement with the 1076
1606-adult. If the child has entered into a formal agreement pursuant 1077
1607-to s. 39.6036, the guardian ad litem must ensure that the 1078
1608-agreement is documented in t he child's court file. 1079
1609- Section 24. Paragraphs (b) and (f) of subsection (1), 1080
1610-paragraph (c) of subsection (2), subsection (3), and paragraph 1081
1611-(e) of subsection (4) of section 39.701, Florida Statutes, are 1082
1612-amended to read: 1083
1613- 39.701 Judicial review. — 1084
1614- (1) GENERAL PROVISIONS.— 1085
1615- (b)1. The court shall retain jurisdiction over a child 1086
1616-returned to his or her parents for a minimum period of 6 months 1087
1617-after following the reunification, but, at that time, based on a 1088
1618-report of the social service agency and the guar dian ad litem, 1089
1619-if one has been appointed, and any other relevant factors, the 1090
1620-court shall make a determination as to whether supervision by 1091
1621-the department and the court's jurisdiction shall continue or be 1092
1622-terminated. 1093
1623- 2. Notwithstanding subparagraph 1., t he court must retain 1094
1624-jurisdiction over a child if the child is placed in the home 1095
1625-with a parent or caregiver with an in -home safety plan and such 1096
1626-safety plan remains necessary for the child to reside safely in 1097
1627-the home. 1098
1628- (f) Notice of a judicial review he aring or a citizen 1099
1629-review panel hearing, and a copy of the motion for judicial 1100
1630-
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1639-
1640-
1641-
1642-review, if any, must be served by the clerk of the court upon 1101
1643-all of the following persons, if available to be served, 1102
1644-regardless of whether the person was present at the previo us 1103
1645-hearing at which the date, time, and location of the hearing was 1104
1646-announced: 1105
1647- 1. The social service agency charged with the supervision 1106
1648-of care, custody, or guardianship of the child, if that agency 1107
1649-is not the movant. 1108
1650- 2. The foster parent or legal cus todian in whose home the 1109
1651-child resides. 1110
1652- 3. The parents. 1111
1653- 4. The guardian ad litem for the child , or the 1112
1654-representative of the guardian ad litem program if the program 1113
1655-has been appointed. 1114
1656- 5. The attorney ad litem for the child, if one is 1115
1657-appointed. 1116
1658- 6. The child, if the child is 13 years of age or older. 1117
1659- 7. Any preadoptive parent. 1118
1660- 8. Such other persons as the court may direct. 1119
1661- (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1120
1662-AGE.— 1121
1663- (c) Review determinations. —The court and any citizen 1122
1664-review panel shall take into consideration the information 1123
1665-contained in the social services study and investigation and all 1124
1666-medical, psychological, and educational records that support the 1125
1667-
1668-CS/CS/HB 185 2024
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1675-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
1676-
1677-
1678-
1679-terms of the case plan; testimony by the social services agency, 1126
1680-the parent, the foster parent or caregiver, the guardian ad 1127
1681-litem, the or surrogate parent for educational decisionmaking if 1128
1682-one has been appointed for the child, and any other person 1129
1683-deemed appropriate; and any relevant and material evidence 1130
1684-submitted to the court, including written and oral reports to 1131
1685-the extent of their probative value. These reports and evidence 1132
1686-may be received by the court in its effort to determine the 1133
1687-action to be taken with regard to the child and may be relied 1134
1688-upon to the extent of the ir probative value, even though not 1135
1689-competent in an adjudicatory hearing. In its deliberations, the 1136
1690-court and any citizen review panel shall seek to determine: 1137
1691- 1. If the parent was advised of the right to receive 1138
1692-assistance from any person or social serv ice agency in the 1139
1693-preparation of the case plan. 1140
1694- 2. If the parent has been advised of the right to have 1141
1695-counsel present at the judicial review or citizen review 1142
1696-hearings. If not so advised, the court or citizen review panel 1143
1697-shall advise the parent of such right. 1144
1698- 3. If a guardian ad litem needs to be appointed for the 1145
1699-child in a case in which a guardian ad litem has not previously 1146
1700-been appointed or if there is a need to continue a guardian ad 1147
1701-litem in a case in which a guardian ad litem has been appointed . 1148
1702- 4. Who holds the rights to make educational decisions for 1149
1703-the child. If appropriate, the court may refer the child to the 1150
1704-
1705-CS/CS/HB 185 2024
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1712-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
1713-
1714-
1715-
1716-district school superintendent for appointment of a surrogate 1151
1717-parent or may itself appoint a surrogate parent under the 1152
1718-Individuals with Disabilities Education Act and s. 39.0016. 1153
1719- 5. The compliance or lack of compliance of all parties 1154
1720-with applicable items of the case plan, including the parents' 1155
1721-compliance with child support orders. 1156
1722- 6. The compliance or lack of compliance with a visitation 1157
1723-contract between the parent and the social service agency for 1158
1724-contact with the child, including the frequency, duration, and 1159
1725-results of the parent -child visitation and the reason for any 1160
1726-noncompliance. 1161
1727- 7. The frequency, kind, and duration of contacts among 1162
1728-siblings who have been separated during placement, as well as 1163
1729-any efforts undertaken to reunite separated siblings if doing so 1164
1730-is in the best interests of the child. 1165
1731- 8. The compliance or lack of compliance of the parent in 1166
1732-meeting specified financial obligations pertaining to the care 1167
1733-of the child, including the reason for failure to comply, if 1168
1734-applicable. 1169
1735- 9. Whether the child is receiving safe and proper care 1170
1736-according to s. 39.6012, including, but not limited to, the 1171
1737-appropriateness of the child's current placement, including 1172
1738-whether the child is in a setting that is as family -like and as 1173
1739-close to the parent's home as possible, consistent with the 1174
1740-child's best interests and special needs, and including 1175
1741-
1742-CS/CS/HB 185 2024
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1749-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
1750-
1751-
1752-
1753-maintaining stability in the child' s educational placement, as 1176
1754-documented by assurances from the community -based care lead 1177
1755-agency that: 1178
1756- a. The placement of the child takes into account the 1179
1757-appropriateness of the current educational setting and the 1180
1758-proximity to the school in which the chil d is enrolled at the 1181
1759-time of placement. 1182
1760- b. The community-based care lead agency has coordinated 1183
1761-with appropriate local educational agencies to ensure that the 1184
1762-child remains in the school in which the child is enrolled at 1185
1763-the time of placement. 1186
1764- 10. A projected date likely for the child's return home or 1187
1765-other permanent placement. 1188
1766- 11. When appropriate, the basis for the unwillingness or 1189
1767-inability of the parent to become a party to a case plan. The 1190
1768-court and the citizen review panel shall determine if the 1191
1769-efforts of the social service agency to secure party 1192
1770-participation in a case plan were sufficient. 1193
1771- 12. For a child who has reached 13 years of age but is not 1194
1772-yet 18 years of age, the adequacy of the child's preparation for 1195
1773-adulthood and independent livi ng. For a child who is 15 years of 1196
1774-age or older, the court shall determine if appropriate steps are 1197
1775-being taken for the child to obtain a driver license or 1198
1776-learner's driver license. 1199
1777- 13. If amendments to the case plan are required. 1200
1778-
1779-CS/CS/HB 185 2024
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1786-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
1787-
1788-
1789-
1790-Amendments to the case plan must be made under s. 39.6013. 1201
1791- 14. If the parents and caregivers have developed a 1202
1792-productive relationship that includes meaningful communication 1203
1793-and mutual support. 1204
1794- (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1205
1795-At each review hearing he ld under this subsection, the court 1206
1796-shall give the child and the guardian ad litem the opportunity 1207
1797-to address the court and provide any information relevant to the 1208
1798-child's best interest, particularly in relation to independent 1209
1799-living transition services. T he foster parent or, legal 1210
1800-custodian, or guardian ad litem may also provide any information 1211
1801-relevant to the child's best interest to the court. In addition 1212
1802-to the review and report required under paragraphs (1)(a) and 1213
1803-(2)(a), respectively, and the review and report required under 1214
1804-s. 39.822(2)(a)2., the court shall: 1215
1805- (a) Inquire about the life skills the child has acquired 1216
1806-and whether those services are age appropriate, at the first 1217
1807-judicial review hearing held subsequent to the child's 16th 1218
1808-birthday. At the judicial review hearing, the department shall 1219
1809-provide the court with a report that includes specific 1220
1810-information related to the life skills that the child has 1221
1811-acquired since the child's 13th birthday or since the date the 1222
1812-child came into foster care, whi chever came later. For any child 1223
1813-who may meet the requirements for appointment of a guardian 1224
1814-advocate under s. 393.12 or a guardian under chapter 744, the 1225
1815-
1816-CS/CS/HB 185 2024
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1823-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
1824-
1825-
1826-
1827-updated case plan must be developed in a face -to-face conference 1226
1828-with the child, if appropriate; the child's attorney ad litem, 1227
1829-if one is appointed; the child's ; any court-appointed guardian 1228
1830-ad litem; the temporary custodian of the child; and the parent 1229
1831-of the child, if the parent's rights have not been terminated. 1230
1832- (b) The court shall hold a judicial re view hearing within 1231
1833-90 days after a child's 17th birthday. The court shall issue an 1232
1834-order, separate from the order on judicial review, that the 1233
1835-disability of nonage of the child has been removed under ss. 1234
1836-743.044-743.047 for any disability that the court f inds is in 1235
1837-the child's best interest to remove. The department shall 1236
1838-include in the social study report for the first judicial review 1237
1839-that occurs after the child's 17th birthday written verification 1238
1840-that the child has: 1239
1841- 1. A current Medicaid card and all necessary information 1240
1842-concerning the Medicaid program sufficient to prepare the child 1241
1843-to apply for coverage upon reaching the age of 18, if such 1242
1844-application is appropriate. 1243
1845- 2. A certified copy of the child's birth certificate and, 1244
1846-if the child does not h ave a valid driver license, a Florida 1245
1847-identification card issued under s. 322.051. 1246
1848- 3. A social security card and information relating to 1247
1849-social security insurance benefits if the child is eligible for 1248
1850-those benefits. If the child has received such benefi ts and they 1249
1851-are being held in trust for the child, a full accounting of 1250
1852-
1853-CS/CS/HB 185 2024
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1860-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
1861-
1862-
1863-
1864-these funds must be provided and the child must be informed as 1251
1865-to how to access those funds. 1252
1866- 4. All relevant information related to the Road -to-1253
1867-Independence Program under s. 409.1451 , including, but not 1254
1868-limited to, eligibility requirements, information on 1255
1869-participation, and assistance in gaining admission to the 1256
1870-program. If the child is eligible for the Road -to-Independence 1257
1871-Program, he or she must be advised that he or she may continu e 1258
1872-to reside with the licensed family home or group care provider 1259
1873-with whom the child was residing at the time the child attained 1260
1874-his or her 18th birthday, in another licensed family home, or 1261
1875-with a group care provider arranged by the department. 1262
1876- 5. An open bank account or the identification necessary to 1263
1877-open a bank account and to acquire essential banking and 1264
1878-budgeting skills. 1265
1879- 6. Information on public assistance and how to apply for 1266
1880-public assistance. 1267
1881- 7. A clear understanding of where he or she will be living 1268
1882-on his or her 18th birthday, how living expenses will be paid, 1269
1883-and the educational program or school in which he or she will be 1270
1884-enrolled. 1271
1885- 8. Information related to the ability of the child to 1272
1886-remain in care until he or she reaches 21 years of a ge under s. 1273
1887-39.013. 1274
1888- 9. A letter providing the dates that the child is under 1275
1889-
1890-CS/CS/HB 185 2024
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1897-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
1898-
1899-
1900-
1901-the jurisdiction of the court. 1276
1902- 10. A letter stating that the child is in compliance with 1277
1903-financial aid documentation requirements. 1278
1904- 11. The child's educational records. 1279
1905- 12. The child's entire health and mental health records. 1280
1906- 13. The process for accessing the child's case file. 1281
1907- 14. A statement encouraging the child to attend all 1282
1908-judicial review hearings. 1283
1909- 15. Information on how to obtain a driver license or 1284
1910-learner's driver license. 1285
1911- (c) At the first judicial review hearing held subsequent 1286
1912-to the child's 17th birthday, if the court determines pursuant 1287
1913-to chapter 744 that there is a good faith basis to believe that 1288
1914-the child qualifies for appointment of a guardian advocat e, 1289
1915-limited guardian, or plenary guardian for the child and that no 1290
1916-less restrictive decisionmaking assistance will meet the child's 1291
1917-needs: 1292
1918- 1. The department shall complete a multidisciplinary 1293
1919-report which must include, but is not limited to, a psychosoci al 1294
1920-evaluation and educational report if such a report has not been 1295
1921-completed within the previous 2 years. 1296
1922- 2. The department shall identify one or more individuals 1297
1923-who are willing to serve as the guardian advocate under s. 1298
1924-393.12 or as the plenary or limi ted guardian under chapter 744. 1299
1925-Any other interested parties or participants may make efforts to 1300
1926-
1927-CS/CS/HB 185 2024
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1931-CODING: Words stricken are deletions; words underlined are additions.
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1934-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
1935-
1936-
1937-
1938-identify such a guardian advocate, limited guardian, or plenary 1301
1939-guardian. The child's biological or adoptive family members, 1302
1940-including the child's parents if t he parents' rights have not 1303
1941-been terminated, may not be considered for service as the 1304
1942-plenary or limited guardian unless the court enters a written 1305
1943-order finding that such an appointment is in the child's best 1306
1944-interests. 1307
1945- 3. Proceedings may be initiated w ithin 180 days after the 1308
1946-child's 17th birthday for the appointment of a guardian 1309
1947-advocate, plenary guardian, or limited guardian for the child in 1310
1948-a separate proceeding in the court division with jurisdiction 1311
1949-over guardianship matters and pursuant to chapte r 744. The 1312
1950-Legislature encourages the use of pro bono representation to 1313
1951-initiate proceedings under this section. 1314
1952- 4. In the event another interested party or participant 1315
1953-initiates proceedings for the appointment of a guardian 1316
1954-advocate, plenary guardian, o r limited guardian for the child, 1317
1955-the department shall provide all necessary documentation and 1318
1956-information to the petitioner to complete a petition under s. 1319
1957-393.12 or chapter 744 within 45 days after the first judicial 1320
1958-review hearing after the child's 17th birthday. 1321
1959- 5. Any proceedings seeking appointment of a guardian 1322
1960-advocate or a determination of incapacity and the appointment of 1323
1961-a guardian must be conducted in a separate proceeding in the 1324
1962-court division with jurisdiction over guardianship matters and 1325
1963-
1964-CS/CS/HB 185 2024
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1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
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1971-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
1972-
1973-
1974-
1975-pursuant to chapter 744. 1326
1976- (d) If the court finds at the judicial review hearing 1327
1977-after the child's 17th birthday that the department has not met 1328
1978-its obligations to the child as stated in this part, in the 1329
1979-written case plan, or in the provision of independen t living 1330
1980-services, the court may issue an order directing the department 1331
1981-to show cause as to why it has not done so. If the department 1332
1982-cannot justify its noncompliance, the court may give the 1333
1983-department 30 days within which to comply. If the department 1334
1984-fails to comply within 30 days, the court may hold the 1335
1985-department in contempt. 1336
1986- (e) If necessary, the court may review the status of the 1337
1987-child more frequently during the year before the child's 18th 1338
1988-birthday. At the last review hearing before the child reach es 18 1339
1989-years of age, and in addition to the requirements of subsection 1340
1990-(2), the court shall: 1341
1991- 1. Address whether the child plans to remain in foster 1342
1992-care, and, if so, ensure that the child's transition plan 1343
1993-includes a plan for meeting one or more of the cr iteria 1344
1994-specified in s. 39.6251 and determine if the child has entered 1345
1995-into a formal agreement for an ongoing relationship with a 1346
1996-supportive adult. 1347
1997- 2. Ensure that the transition plan includes a supervised 1348
1998-living arrangement under s. 39.6251. 1349
1999- 3. Ensure the child has been informed of: 1350
2000-
2001-CS/CS/HB 185 2024
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2004-
2005-CODING: Words stricken are deletions; words underlined are additions.
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2008-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
2009-
2010-
2011-
2012- a. The right to continued support and services from the 1351
2013-department and the community -based care lead agency. 1352
2014- b. The right to request termination of dependency 1353
2015-jurisdiction and be discharged from foster care. 1354
2016- c. The opportunity to reenter foster care under s. 1355
2017-39.6251. 1356
2018- 4. Ensure that the child, if he or she requests 1357
2019-termination of dependency jurisdiction and discharge from foster 1358
2020-care, has been informed of: 1359
2021- a. Services or benefits for which the child may be 1360
2022-eligible based on his or her former placement in foster care, 1361
2023-including, but not limited to, the assistance of the Office of 1362
2024-Continuing Care under s. 414.56. 1363
2025- b. Services or benefits that may be lost through 1364
2026-termination of dependency jurisdiction. 1365
2027- c. Other federal, state, local, or community -based 1366
2028-services or supports available to him or her. 1367
2029- (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1368
2030-During each period of time that a young adult remains in foster 1369
2031-care, the court shall review the status of the young adu lt at 1370
2032-least every 6 months and must hold a permanency review hearing 1371
2033-at least annually. 1372
2034- (e)1. Notwithstanding the provisions of this subsection, 1373
2035-if a young adult has chosen to remain in extended foster care 1374
2036-after he or she has reached 18 years of age, the department may 1375
2037-
2038-CS/CS/HB 185 2024
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2045-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
2046-
2047-
2048-
2049-not close a case and the court may not terminate jurisdiction 1376
2050-until the court finds, following a hearing, that the following 1377
2051-criteria have been met: 1378
2052- a.1. Attendance of the young adult at the hearing; or 1379
2053- b.2. Findings by the court that: 1380
2054- (I)a. The young adult has been informed by the department 1381
2055-of his or her right to attend the hearing and has provided 1382
2056-written consent to waive this right; and 1383
2057- (II)b. The young adult has been informed of the potential 1384
2058-negative effects of early termination of care, the option to 1385
2059-reenter care before reaching 21 years of age, the procedure for, 1386
2060-and limitations on, reentering care, and the availability of 1387
2061-alternative services, and has signed a document attesting that 1388
2062-he or she has been so informed and understands these provisions; 1389
2063-or 1390
2064- (III)c. The young adult has voluntarily left the program, 1391
2065-has not signed the document in sub -subparagraph b., and is 1392
2066-unwilling to participate in any further court proceeding. 1393
2067- 2.3. In all permanency hearings or hearings regarding the 1394
2068-transition of the young adult from care to independent living, 1395
2069-the court shall consult with the young adult regarding the 1396
2070-proposed permanency plan, case plan, and individual education 1397
2071-plan for the young adult and ensure that he or she has 1398
2072-understood the conversation. The court shall also inquire of the 1399
2073-young adult regarding his or her relat ionship with the 1400
2074-
2075-CS/CS/HB 185 2024
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2082-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
2083-
2084-
2085-
2086-supportive adult with whom the young adult has entered into a 1401
2087-formal agreement for an ongoing relationship, if such agreement 1402
2088-exists. 1403
2089- Section 25. Paragraph (a) of subsection (3) of section 1404
2090-39.801, Florida Statutes, is amended to read: 1405
2091- 39.801 Procedures and jurisdiction; notice; service of 1406
2092-process.— 1407
2093- (3) Before the court may terminate parental rights, in 1408
2094-addition to the other requirements set forth in this part, the 1409
2095-following requirements must be met: 1410
2096- (a) Notice of the date, time, a nd place of the advisory 1411
2097-hearing for the petition to terminate parental rights; if 1412
2098-applicable, instructions for appearance through audio -video 1413
2099-communication technology; and a copy of the petition must be 1414
2100-personally served upon the following persons, specif ically 1415
2101-notifying them that a petition has been filed: 1416
2102- 1. The parents of the child. 1417
2103- 2. The legal custodians of the child. 1418
2104- 3. If the parents who would be entitled to notice are dead 1419
2105-or unknown, a living relative of the child, unless upon diligent 1420
2106-search and inquiry no such relative can be found. 1421
2107- 4. Any person who has physical custody of the child. 1422
2108- 5. Any grandparent entitled to priority for adoption under 1423
2109-s. 63.0425. 1424
2110- 6. Any prospective parent who has been identified under s. 1425
2111-
2112-CS/CS/HB 185 2024
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2119-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
2120-
2121-
2122-
2123-39.503 or s. 39.803, u nless a court order has been entered 1426
2124-pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1427
2125-indicates no further notice is required. Except as otherwise 1428
2126-provided in this section, if there is not a legal father, notice 1429
2127-of the petition for termination of parental rights must be 1430
2128-provided to any known prospective father who is identified under 1431
2129-oath before the court or who is identified by a diligent search 1432
2130-of the Florida Putative Father Registry. Service of the notice 1433
2131-of the petition for termination of pa rental rights is not 1434
2132-required if the prospective father executes an affidavit of 1435
2133-nonpaternity or a consent to termination of his parental rights 1436
2134-which is accepted by the court after notice and opportunity to 1437
2135-be heard by all parties to address the best inte rests of the 1438
2136-child in accepting such affidavit. 1439
2137- 7. The guardian ad litem for the child or the 1440
2138-representative of the guardian ad litem program, if the program 1441
2139-has been appointed. 1442
2140- 1443
2141-A party may consent to service or notice by e -mail by providing 1444
2142-a primary e-mail address to the clerk of the court. The document 1445
2143-containing the notice to respond or appear must contain, in type 1446
2144-at least as large as the type in the balance of the document, 1447
2145-the following or substantially similar language: "FAILURE TO 1448
2146-APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1449
2147-TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1450
2148-
2149-CS/CS/HB 185 2024
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2156-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
2157-
2158-
2159-
2160-YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1451
2161-ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1452
2162-THE PETITION ATTACHED TO THIS NOTICE." 1453
2163- Section 26. Subsection (2) of section 39.807, Florida 1454
2164-Statutes, is amended to read: 1455
2165- 39.807 Right to counsel; guardian ad litem. — 1456
2166- (2)(a) The court shall appoint a guardian ad litem to 1457
2167-represent the best interest of the child in any termination of 1458
2168-parental rights proceedings and shall ascertain at each stage of 1459
2169-the proceedings whether a guardian ad litem has been appointed. 1460
2170- (b) The guardian ad litem has the following 1461
2171-responsibilities and authorities listed in s. 39.822. : 1462
2172- 1. To investigate the allegations of the petition and any 1463
2173-subsequent matters arising in the case and, 1464
2174- (c) Unless excused by the court, the guardian ad litem 1465
2175-must to file a written report. This report must include a 1466
2176-statement of the wishes of the child and the re commendations of 1467
2177-the guardian ad litem and must be provided to all parties and 1468
2178-the court at least 72 hours before the disposition hearing. 1469
2179- 2. To be present at all court hearings unless excused by 1470
2180-the court. 1471
2181- 3. To represent the best interests of the chi ld until the 1472
2182-jurisdiction of the court over the child terminates or until 1473
2183-excused by the court. 1474
2184- (c) A guardian ad litem is not required to post bond but 1475
2185-
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2193-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
2194-
2195-
2196-
2197-shall file an acceptance of the office. 1476
2198- (d) A guardian ad litem is entitled to receive service of 1477
2199-pleadings and papers as provided by the Florida Rules of 1478
2200-Juvenile Procedure. 1479
2201- (d)(e) This subsection does not apply to any voluntary 1480
2202-relinquishment of parental rights proceeding. 1481
2203- Section 27. Subsection (2) of section 39.808, Florida 1482
2204-Statutes, is amended to read: 1483
2205- 39.808 Advisory hearing; pretrial status conference. — 1484
2206- (2) At the hearing the court shall inform the parties of 1485
2207-their rights under s. 39.807, shall appoint counsel for the 1486
2208-parties in accordance with legal requirements, and shall appoint 1487
2209-a guardian ad litem to represent the interests of the child if 1488
2210-one has not already been appointed. 1489
2211- Section 28. Subsection (2) of section 39.815, Florida 1490
2212-Statutes, is amended to read: 1491
2213- 39.815 Appeal.— 1492
2214- (2) An attorney for the department shall represent th e 1493
2215-state upon appeal. When a notice of appeal is filed in the 1494
2216-circuit court, the clerk shall notify the attorney for the 1495
2217-department, together with the attorney for the parent, the 1496
2218-guardian ad litem, and the any attorney ad litem for the child, 1497
2219-if one is appointed. 1498
2220- Section 29. Section 39.820, Florida Statutes, is repealed. 1499
2221- Section 30. Subsections (1) and (3) of section 39.821, 1500
2222-
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2230-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
2231-
2232-
2233-
2234-Florida Statutes, are amended to read: 1501
2235- 39.821 Qualifications of guardians ad litem. — 1502
2236- (1) Because of the special trust or r esponsibility placed 1503
2237-in a guardian ad litem, the Statewide Guardian ad Litem Office 1504
2238-Program may use any private funds collected by the office 1505
2239-program, or any state funds so designated, to conduct a security 1506
2240-background investigation before certifying a volu nteer to serve. 1507
2241-A security background investigation must include, but need not 1508
2242-be limited to, employment history checks, checks of references, 1509
2243-local criminal history records checks through local law 1510
2244-enforcement agencies, and statewide criminal history reco rds 1511
2245-checks through the Department of Law Enforcement. Upon request, 1512
2246-an employer shall furnish a copy of the personnel record for the 1513
2247-employee or former employee who is the subject of a security 1514
2248-background investigation conducted under this section. The 1515
2249-information contained in the personnel record may include, but 1516
2250-need not be limited to, disciplinary matters and the reason why 1517
2251-the employee was terminated from employment. An employer who 1518
2252-releases a personnel record for purposes of a security 1519
2253-background investigation is presumed to have acted in good faith 1520
2254-and is not liable for information contained in the record 1521
2255-without a showing that the employer maliciously falsified the 1522
2256-record. A security background investigation conducted under this 1523
2257-section must ensure th at a person is not certified as a guardian 1524
2258-ad litem if the person has an arrest awaiting final disposition 1525
2259-
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2267-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
2268-
2269-
2270-
2271-for, been convicted of, regardless of adjudication, entered a 1526
2272-plea of nolo contendere or guilty to, or been adjudicated 1527
2273-delinquent and the record has not been sealed or expunged for, 1528
2274-any offense prohibited under the provisions listed in s. 435.04. 1529
2275-All applicants must undergo a level 2 background screening 1530
2276-pursuant to chapter 435 before being certified to serve as a 1531
2277-guardian ad litem. In analyzing and e valuating the information 1532
2278-obtained in the security background investigation, the office 1533
2279-program must give particular emphasis to past activities 1534
2280-involving children, including, but not limited to, child -related 1535
2281-criminal offenses or child abuse. The office program has sole 1536
2282-discretion in determining whether to certify a person based on 1537
2283-his or her security background investigation. The information 1538
2284-collected pursuant to the security background investigation is 1539
2285-confidential and exempt from s. 119.07(1). 1540
2286- (3) It is a misdemeanor of the first degree, punishable as 1541
2287-provided in s. 775.082 or s. 775.083, for any person to 1542
2288-willfully, knowingly, or intentionally fail, by false statement, 1543
2289-misrepresentation, impersonation, or other fraudulent means, to 1544
2290-disclose in any application for a volunteer position or for paid 1545
2291-employment with the Statewide Guardian ad Litem Office Program, 1546
2292-any material fact used in making a determination as to the 1547
2293-applicant's qualifications for such position. 1548
2294- Section 31. Section 39.822, Florida S tatutes, is amended 1549
2295-to read: 1550
2296-
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2304-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
2305-
2306-
2307-
2308- 39.822 Appointment of guardian ad litem for abused, 1551
2309-abandoned, or neglected child. — 1552
2310- (1) A guardian ad litem shall be appointed by the court at 1553
2311-the earliest possible time to represent the child in any child 1554
2312-abuse, abandonment, or neglect judicial proceeding, whether 1555
2313-civil or criminal. A guardian ad litem is a fiduciary and must 1556
2314-provide independent representation of the child using a best 1557
2315-interest standard of decisionmaking and advocacy. 1558
2316- (2)(a) A guardian ad litem must: 1559
2317- 1. Be present at all court hearings unless excused by the 1560
2318-court. 1561
2319- 2. Investigate issues related to the best interest of the 1562
2320-child who is the subject of the appointment, review all 1563
2321-disposition recommendations and changes in placement, and, 1564
2322-unless excused by the court, file written reports and 1565
2323-recommendations in accordance with general law. 1566
2324- 3. Represent the child until the court's jurisdiction over 1567
2325-the child terminates or until excused by the court. 1568
2326- 4. Advocate for the child's participation in the 1569
2327-proceedings and to report the child's preferences to the court, 1570
2328-to the extent the child has the ability and desire to express 1571
2329-his or her preferences. 1572
2330- 5. Perform other duties that are consistent with the scope 1573
2331-of the appointment. 1574
2332- (b) A guardian ad litem shall h ave immediate and unlimited 1575
2333-
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2341-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
2342-
2343-
2344-
2345-access to the children he or she represents. 1576
2346- (c) A guardian ad litem is not required to post bond but 1577
2347-must file an acceptance of the appointment. 1578
2348- (d) A guardian ad litem is entitled to receive service of 1579
2349-pleadings and papers as provided by the Florida Rules of 1580
2350-Juvenile Procedure. 1581
2351- (3) Any person participating in a civil or criminal 1582
2352-judicial proceeding resulting from such appointment shall be 1583
2353-presumed prima facie to be acting in good faith and in so doing 1584
2354-shall be immune from any liability, civil or criminal, that 1585
2355-otherwise might be incurred or imposed. 1586
2356- (4)(2) In those cases in which the parents are financially 1587
2357-able, the parent or parents of the child shall reimburse the 1588
2358-court, in part or in whole, for the cost of provision of 1589
2359-guardian ad litem representation services. Reimbursement to the 1590
2360-individual providing guardian ad litem representation is not 1591
2361-services shall not be contingent upon successful collection by 1592
2362-the court from the parent or parents. 1593
2363- (5)(3) Upon presentation by a guardian ad litem of a court 1594
2364-order appointing the guardian ad litem: 1595
2365- (a) An agency, as defined in chapter 119, shall allow the 1596
2366-guardian ad litem to inspect and copy records related to the 1597
2367-best interests of the child who is the su bject of the 1598
2368-appointment, including, but not limited to, records made 1599
2369-confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1600
2370-
2371-CS/CS/HB 185 2024
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2378-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
2379-
2380-
2381-
2382-the State Constitution. The guardian ad litem shall maintain the 1601
2383-confidential or exempt status of any records shared by an agency 1602
2384-under this paragraph. 1603
2385- (b) A person or an organization, other than an agency 1604
2386-under paragraph (a), shall allow the guardian ad litem to 1605
2387-inspect and copy any records related to the best interests of 1606
2388-the child who is the subject of the appointment, including, but 1607
2389-not limited to, confidential records . 1608
2390- 1609
2391-For the purposes of this subsection, the term "records related 1610
2392-to the best interests of the child" includes, but is not limited 1611
2393-to, medical, mental health, substance abuse, child care, 1612
2394-education, law enforcement, court, social services, and 1613
2395-financial records. 1614
2396- (4) The guardian ad litem or the program representative 1615
2397-shall review all disposition recommendations and changes in 1616
2398-placements, and must be present at all critical stages of the 1617
2399-dependency proceeding or submit a written report of 1618
2400-recommendations to the court. Written reports must be filed with 1619
2401-the court and served on all parties whose whereabouts are known 1620
2402-at least 72 hours prior to the hearing. 1621
2403- Section 32. Subsection (4) of section 39.827, Florida 1622
2404-Statutes, is amended to read: 1623
2405- 39.827 Hearing for appointment of a guardian advocate. — 1624
2406- (4) The hearing under this section must shall remain 1625
2407-
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2415-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
2416-
2417-
2418-
2419-confidential and closed to the public. The clerk shall keep all 1626
2420-court records required by this part separate from other records 1627
2421-of the circuit court. All court records required by this part 1628
2422-are shall be confidential and exempt from the provisions of s. 1629
2423-119.07(1). All Records may only shall be inspected only upon 1630
2424-order of the court by persons deemed by the court to have a 1631
2425-proper interest therein, except that a ch ild and the parents or 1632
2426-custodians of the child and their attorneys , the guardian ad 1633
2427-litem, and the department and its designees , and the attorney ad 1634
2428-litem, if one is appointed, shall always have the right to 1635
2429-inspect and copy any official record pertaining to the child. 1636
2430-The court may permit authorized representatives of recognized 1637
2431-organizations compiling statistics for proper purposes to 1638
2432-inspect and make abstracts from official records, under whatever 1639
2433-conditions upon their use and disposition the court may d eem 1640
2434-proper, and may punish by contempt proceedings any violation of 1641
2435-those conditions. All information obtained pursuant to this part 1642
2436-in the discharge of official duty by any judge, employee of the 1643
2437-court, or authorized agent of the department is shall be 1644
2438-confidential and exempt from the provisions of s. 119.07(1) and 1645
2439-may shall not be disclosed to anyone other than the authorized 1646
2440-personnel of the court or the department and its designees, 1647
2441-except upon order of the court. 1648
2442- Section 33. Paragraphs (a), (b), an d (d) of subsection (1) 1649
2443-and subsection (2) of section 39.8296, Florida Statutes, are 1650
2444-
2445-CS/CS/HB 185 2024
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2452-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
2453-
2454-
2455-
2456-amended to read: 1651
2457- 39.8296 Statewide Guardian ad Litem Office; legislative 1652
2458-findings and intent; creation; appointment of executive 1653
2459-director; duties of office. — 1654
2460- (1) LEGISLATIVE FINDINGS AND INTENT. — 1655
2461- (a) The Legislature finds that for the past 20 years, the 1656
2462-Statewide Guardian Ad Litem Office Program has been the only 1657
2463-mechanism for best interest representation for children in 1658
2464-Florida who are involved in dependency proceedi ngs. 1659
2465- (b) The Legislature also finds that while the Statewide 1660
2466-Guardian Ad Litem Office Program has been supervised by court 1661
2467-administration within the circuit courts since the office's 1662
2468-program's inception, there is a perceived conflict of interest 1663
2469-created by the supervision of program staff by the judges before 1664
2470-whom they appear. 1665
2471- (d) It is therefore the intent of the Legislature to place 1666
2472-the Statewide Guardian Ad Litem Office Program in an appropriate 1667
2473-place and provide a statewide infrastructure to increas e 1668
2474-functioning and standardization among the local offices programs 1669
2475-currently operating in the 20 judicial circuits. 1670
2476- (2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1671
2477-Statewide Guardian ad Litem Office within the Justice 1672
2478-Administrative Commission . The Justice Administrative Commission 1673
2479-shall provide administrative support and service to the office 1674
2480-to the extent requested by the executive director within the 1675
2481-
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2489-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
2490-
2491-
2492-
2493-available resources of the commission. The Statewide Guardian ad 1676
2494-Litem Office is not subject to control, supervision, or 1677
2495-direction by the Justice Administrative Commission in the 1678
2496-performance of its duties, but the employees of the office are 1679
2497-governed by the classification plan and salary and benefits plan 1680
2498-approved by the Justice Administrative Co mmission. 1681
2499- (a) The head of the Statewide Guardian ad Litem Office is 1682
2500-the executive director, who shall be appointed by the Governor 1683
2501-from a list of a minimum of three eligible applicants submitted 1684
2502-by a Guardian ad Litem Qualifications Committee. The Guardi an ad 1685
2503-Litem Qualifications Committee shall be composed of five 1686
2504-persons, two persons appointed by the Governor, two persons 1687
2505-appointed by the Chief Justice of the Supreme Court, and one 1688
2506-person appointed by the Statewide Guardian ad Litem Office 1689
2507-Association. The committee shall provide for statewide 1690
2508-advertisement and the receiving of applications for the position 1691
2509-of executive director. The Governor shall appoint an executive 1692
2510-director from among the recommendations, or the Governor may 1693
2511-reject the nominations an d request the submission of new 1694
2512-nominees. The executive director must have knowledge in 1695
2513-dependency law and knowledge of social service delivery systems 1696
2514-available to meet the needs of children who are abused, 1697
2515-neglected, or abandoned. The executive director shall serve on a 1698
2516-full-time basis and shall personally, or through representatives 1699
2517-of the office, carry out the purposes and functions of the 1700
2518-
2519-CS/CS/HB 185 2024
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2526-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
2527-
2528-
2529-
2530-Statewide Guardian ad Litem Office in accordance with state and 1701
2531-federal law and the state's long -established policy of 1702
2532-prioritizing children's best interests . The executive director 1703
2533-shall report to the Governor. The executive director shall serve 1704
2534-a 3-year term, subject to removal for cause by the Governor. Any 1705
2535-person appointed to serve as the executive director may be 1706
2536-permitted to serve more than one term without the necessity of 1707
2537-convening the Guardian ad Litem Qualifications Committee . 1708
2538- (b) The Statewide Guardian ad Litem Office shall, within 1709
2539-available resources, have oversight responsibilities for and 1710
2540-provide technical assistance to all guardian ad litem and 1711
2541-attorney ad litem offices programs located within the judicial 1712
2542-circuits. 1713
2543- 1. The office shall identify the resources required to 1714
2544-implement methods of collecting, reporting, and tracking 1715
2545-reliable and consistent ca se data. 1716
2546- 2. The office shall review the current guardian ad litem 1717
2547-offices programs in Florida and other states. 1718
2548- 3. The office, in consultation with local guardian ad 1719
2549-litem offices, shall develop statewide performance measures and 1720
2550-standards. 1721
2551- 4. The office shall develop and maintain a guardian ad 1722
2552-litem training program , which must be updated regularly , which 1723
2553-shall include, but is not limited to, training on the 1724
2554-recognition of and responses to head trauma and brain injury in 1725
2555-
2556-CS/CS/HB 185 2024
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2563-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
2564-
2565-
2566-
2567-a child under 6 years of age. The office shall establish a 1726
2568-curriculum committee to develop the training program specified 1727
2569-in this subparagraph. The curriculum committee shall include, 1728
2570-but not be limited to, dependency judges, directors of circuit 1729
2571-guardian ad litem programs, active cer tified guardians ad litem, 1730
2572-a mental health professional who specializes in the treatment of 1731
2573-children, a member of a child advocacy group, a representative 1732
2574-of a domestic violence advocacy group, an individual with a 1733
2575-degree in social work, and a social worke r experienced in 1734
2576-working with victims and perpetrators of child abuse . 1735
2577- 5. The office shall review the various methods of funding 1736
2578-guardian ad litem offices programs, maximize the use of those 1737
2579-funding sources to the extent possible, and review the kinds of 1738
2580-services being provided by circuit guardian ad litem offices 1739
2581-programs. 1740
2582- 6. The office shall determine the feasibility or 1741
2583-desirability of new concepts of organization, administration, 1742
2584-financing, or service delivery designed to preserve the civil 1743
2585-and constitutional rights and fulfill other needs of dependent 1744
2586-children. 1745
2587- 7. The office shall ensure that each child has an attorney 1746
2588-assigned to his or her case and, within available resources, is 1747
2589-represented using multidisciplinary teams that may include 1748
2590-volunteers, pro bono attorneys, social workers, and mentors. 1749
2591- 8. The office shall provide oversight and technical 1750
2592-
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2600-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
2601-
2602-
2603-
2604-assistance to attorneys ad litem, including, but not limited to, 1751
2605-all of the following: 1752
2606- a. Develop an attorney ad litem training program in 1753
2607-collaboration with dependency court stakeholders, including, but 1754
2608-not limited to, dependency judges, representatives from legal 1755
2609-aid providing attorney ad litem representation, and an attorney 1756
2610-ad litem appointed from a registry maintained by the chief 1757
2611-judge. The training program must be updated regularly with or 1758
2612-without convening the stakeholders group. 1759
2613- b. Offer consultation and technical assistance to chief 1760
2614-judges in maintaining attorney registries for the selection of 1761
2615-attorneys ad litem. 1762
2616- c. Assist with recruitm ent, training, and mentoring of 1763
2617-attorneys ad litem as needed. 1764
2618- 9.7. In an effort to promote normalcy and establish trust 1765
2619-between a court-appointed volunteer guardian ad litem and a 1766
2620-child alleged to be abused, abandoned, or neglected under this 1767
2621-chapter, a guardian ad litem may transport a child. However, a 1768
2622-guardian ad litem volunteer may not be required by a guardian ad 1769
2623-litem circuit office or ordered by or directed by the program or 1770
2624-a court to transport a child. 1771
2625- 10.8. The office shall submit to the Gover nor, the 1772
2626-President of the Senate, the Speaker of the House of 1773
2627-Representatives, and the Chief Justice of the Supreme Court an 1774
2628-interim report describing the progress of the office in meeting 1775
2629-
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2637-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
2638-
2639-
2640-
2641-the goals as described in this section. The office shall submit 1776
2642-to the Governor, the President of the Senate, the Speaker of the 1777
2643-House of Representatives, and the Chief Justice of the Supreme 1778
2644-Court a proposed plan including alternatives for meeting the 1779
2645-state's guardian ad litem and attorney ad litem needs. This plan 1780
2646-may include recommendations for less than the entire state, may 1781
2647-include a phase-in system, and shall include estimates of the 1782
2648-cost of each of the alternatives. Each year the office shall 1783
2649-provide a status report and provide further recommendations to 1784
2650-address the need for guardian ad litem representation services 1785
2651-and related issues. 1786
2652- Section 34. Section 39.8297, Florida Statutes, is amended 1787
2653-to read: 1788
2654- 39.8297 County funding for guardian ad litem employees. — 1789
2655- (1) A county and the executive director of the Statewide 1790
2656-Guardian ad Litem Office may enter into an agreement by which 1791
2657-the county agrees to provide funds to the local guardian ad 1792
2658-litem office in order to employ persons who will assist in the 1793
2659-operation of the guardian ad litem office program in the county. 1794
2660- (2) The agreement, at a minimum, must provide that: 1795
2661- (a) Funding for the persons who are employed will be 1796
2662-provided on at least a fiscal -year basis. 1797
2663- (b) The persons who are employed will be hired, 1798
2664-supervised, managed, and terminated by the executive director of 1799
2665-the Statewide Guardian ad Litem Office. The statewide office is 1800
2666-
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2674-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
2675-
2676-
2677-
2678-responsible for compliance with all requirements of federal and 1801
2679-state employment laws, and shall fully indemnify the county from 1802
2680-any liability under such laws, as authorized by s. 768.28(19), 1803
2681-to the extent such liability is the result of the acts or 1804
2682-omissions of the Statewide Guardian ad Litem Office or its 1805
2683-agents or employees. 1806
2684- (c) The county is the employer for purposes of s. 440. 10 1807
2685-and chapter 443. 1808
2686- (d) Employees funded by the county under this section and 1809
2687-other county employees may be aggregated for purposes of a 1810
2688-flexible benefits plan pursuant to s. 125 of the Internal 1811
2689-Revenue Code of 1986. 1812
2690- (e) Persons employed under this sec tion may be terminated 1813
2691-after a substantial breach of the agreement or because funding 1814
2692-to the guardian ad litem office program has expired. 1815
2693- (3) Persons employed under this section may not be counted 1816
2694-in a formula or similar process used by the Statewide Gu ardian 1817
2695-ad Litem Office to measure personnel needs of a judicial 1818
2696-circuit's guardian ad litem office program. 1819
2697- (4) Agreements created pursuant to this section do not 1820
2698-obligate the state to allocate funds to a county to employ 1821
2699-persons in the guardian ad litem office program. 1822
2700- Section 35. Subsection (6) is added to section 414.56, 1823
2701-Florida Statutes, to read: 1824
2702- 414.56 Office of Continuing Care. —The department shall 1825
2703-
2704-CS/CS/HB 185 2024
2705-
2706-
2707-
2708-CODING: Words stricken are deletions; words underlined are additions.
2709-hb0185-02-c2
2710-Page 74 of 119
2711-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
2712-
2713-
2714-
2715-establish an Office of Continuing Care to ensure young adults 1826
2716-who age out of the foster care sys tem between 18 and 21 years of 1827
2717-age, or 22 years of age with a documented disability, have a 1828
2718-point of contact until the young adult reaches the age of 26 in 1829
2719-order to receive ongoing support and care coordination needed to 1830
2720-achieve self-sufficiency. Duties of the office include, but are 1831
2721-not limited to: 1832
2722- (6) Working in coordination with the Statewide Guardian ad 1833
2723-Litem Office to identify supportive adults for children 1834
2724-transitioning out of foster care to live independently, in 1835
2725-accordance with s. 39.6036. 1836
2726- Section 36. Section 1009.898, Florida Statutes, is created 1837
2727-to read: 1838
2728- 1009.898 Fostering Prosperity grants. — 1839
2729- (1) The Fostering Prosperity program shall administer the 1840
2730-following grants to youth and young adults aging out of foster 1841
2731-care: 1842
2732- (a) Grants to provi de financial literacy instruction using 1843
2733-a curriculum developed by the Department of Financial Services 1844
2734-in consultation with the Department of Education. 1845
2735- (b) Grants to provide SAT, ACT, or CLT preparation, 1846
2736-including one-on-one support and fee waivers for the 1847
2737-examinations. 1848
2738- (c) Grants to youth and young adults planning to pursue 1849
2739-trade careers or paid apprenticeships. 1850
2740-
2741-CS/CS/HB 185 2024
2742-
2743-
2744-
2745-CODING: Words stricken are deletions; words underlined are additions.
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2747-Page 75 of 119
2748-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
2749-
2750-
2751-
2752- (2) If a youth who is aging out of foster care is reunited 1851
2753-with his or her parents, the grants remain available for the 1852
2754-youth for up to 1 year after reunification. 1853
2755- (3) The State Board of Education shall adopt rules to 1854
2756-administer this section. 1855
2757- Section 37. Subsection (1) of section 29.008, Florida 1856
2758-Statutes, is amended to read: 1857
2759- 29.008 County funding of court -related functions.— 1858
2760- (1) Counties are required by s. 14, Art. V of the State 1859
2761-Constitution to fund the cost of communications services, 1860
2762-existing radio systems, existing multiagency criminal justice 1861
2763-information systems, and the cost of construction or lease, 1862
2764-maintenance, utilities, and security of facilities for the 1863
2765-circuit and county courts, public defenders' offices, state 1864
2766-attorneys' offices, guardian ad litem offices, and the offices 1865
2767-of the clerks of the circuit and county courts performing court -1866
2768-related functions. For purposes of th is section, the term 1867
2769-"circuit and county courts" includes the offices and staffing of 1868
2770-the guardian ad litem offices programs, and the term "public 1869
2771-defenders' offices" includes the offices of criminal conflict 1870
2772-and civil regional counsel. The county designat ed under s. 1871
2773-35.05(1) as the headquarters for each appellate district shall 1872
2774-fund these costs for the appellate division of the public 1873
2775-defender's office in that county. For purposes of implementing 1874
2776-these requirements, the term: 1875
2777-
2778-CS/CS/HB 185 2024
2779-
2780-
2781-
2782-CODING: Words stricken are deletions; words underlined are additions.
2783-hb0185-02-c2
2784-Page 76 of 119
2785-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
2786-
2787-
2788-
2789- (a) "Facility" means reasona ble and necessary buildings 1876
2790-and office space and appurtenant equipment and furnishings, 1877
2791-structures, real estate, easements, and related interests in 1878
2792-real estate, including, but not limited to, those for the 1879
2793-purpose of housing legal materials for use by the general public 1880
2794-and personnel, equipment, or functions of the circuit or county 1881
2795-courts, public defenders' offices, state attorneys' offices, and 1882
2796-court-related functions of the office of the clerks of the 1883
2797-circuit and county courts and all storage. The term "facility" 1884
2798-includes all wiring necessary for court reporting services. The 1885
2799-term also includes access to parking for such facilities in 1886
2800-connection with such court -related functions that may be 1887
2801-available free or from a private provider or a local government 1888
2802-for a fee. The office space provided by a county may not be less 1889
2803-than the standards for space allotment adopted by the Department 1890
2804-of Management Services, except this requirement applies only to 1891
2805-facilities that are leased, or on which construction commences , 1892
2806-after June 30, 2003. County funding must include physical 1893
2807-modifications and improvements to all facilities as are required 1894
2808-for compliance with the Americans with Disabilities Act. Upon 1895
2809-mutual agreement of a county and the affected entity in this 1896
2810-paragraph, the office space provided by the county may vary from 1897
2811-the standards for space allotment adopted by the Department of 1898
2812-Management Services. 1899
2813- 1. As of July 1, 2005, equipment and furnishings shall be 1900
2814-
2815-CS/CS/HB 185 2024
2816-
2817-
2818-
2819-CODING: Words stricken are deletions; words underlined are additions.
2820-hb0185-02-c2
2821-Page 77 of 119
2822-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
2823-
2824-
2825-
2826-limited to that appropriate and customary for courtroom s, 1901
2827-hearing rooms, jury facilities, and other public areas in 1902
2828-courthouses and any other facility occupied by the courts, state 1903
2829-attorneys, public defenders, guardians ad litem, and criminal 1904
2830-conflict and civil regional counsel. Court reporting equipment 1905
2831-in these areas or facilities is not a responsibility of the 1906
2832-county. 1907
2833- 2. Equipment and furnishings under this paragraph in 1908
2834-existence and owned by counties on July 1, 2005, except for that 1909
2835-in the possession of the clerks, for areas other than 1910
2836-courtrooms, hearing rooms, jury facilities, and other public 1911
2837-areas in courthouses and any other facility occupied by the 1912
2838-courts, state attorneys, and public defenders, shall be 1913
2839-transferred to the state at no charge. This provision does not 1914
2840-apply to any communications service s as defined in paragraph 1915
2841-(f). 1916
2842- (b) "Construction or lease" includes, but is not limited 1917
2843-to, all reasonable and necessary costs of the acquisition or 1918
2844-lease of facilities for all judicial officers, staff, jurors, 1919
2845-volunteers of a tenant agency, and the publ ic for the circuit 1920
2846-and county courts, the public defenders' offices, state 1921
2847-attorneys' offices, and for performing the court -related 1922
2848-functions of the offices of the clerks of the circuit and county 1923
2849-courts. This includes expenses related to financing such 1924
2850-facilities and the existing and future cost and bonded 1925
2851-
2852-CS/CS/HB 185 2024
2853-
2854-
2855-
2856-CODING: Words stricken are deletions; words underlined are additions.
2857-hb0185-02-c2
2858-Page 78 of 119
2859-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
2860-
2861-
2862-
2863-indebtedness associated with placing the facilities in use. 1926
2864- (c) "Maintenance" includes, but is not limited to, all 1927
2865-reasonable and necessary costs of custodial and groundskeeping 1928
2866-services and renovation and reconstruction as needed to 1929
2867-accommodate functions for the circuit and county courts, the 1930
2868-public defenders' offices, and state attorneys' offices and for 1931
2869-performing the court -related functions of the offices of the 1932
2870-clerks of the circuit and county cour t and for maintaining the 1933
2871-facilities in a condition appropriate and safe for the use 1934
2872-intended. 1935
2873- (d) "Utilities" means all electricity services for light, 1936
2874-heat, and power; natural or manufactured gas services for light, 1937
2875-heat, and power; water and wastewate r services and systems, 1938
2876-stormwater or runoff services and systems, sewer services and 1939
2877-systems, all costs or fees associated with these services and 1940
2878-systems, and any costs or fees associated with the mitigation of 1941
2879-environmental impacts directly related to t he facility. 1942
2880- (e) "Security" includes but is not limited to, all 1943
2881-reasonable and necessary costs of services of law enforcement 1944
2882-officers or licensed security guards and all electronic, 1945
2883-cellular, or digital monitoring and screening devices necessary 1946
2884-to ensure the safety and security of all persons visiting or 1947
2885-working in a facility; to provide for security of the facility, 1948
2886-including protection of property owned by the county or the 1949
2887-state; and for security of prisoners brought to any facility. 1950
2888-
2889-CS/CS/HB 185 2024
2890-
2891-
2892-
2893-CODING: Words stricken are deletions; words underlined are additions.
2894-hb0185-02-c2
2895-Page 79 of 119
2896-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
2897-
2898-
2899-
2900-This includes bailiffs while providing courtroom and other 1951
2901-security for each judge and other quasi -judicial officers. 1952
2902- (f) "Communications services" are defined as any 1953
2903-reasonable and necessary transmission, emission, and reception 1954
2904-of signs, signals, writings, images, and sounds of intelligence 1955
2905-of any nature by wire, radio, optical, audio equipment, or other 1956
2906-electromagnetic systems and includes all facilities and 1957
2907-equipment owned, leased, or used by judges, clerks, public 1958
2908-defenders, state attorneys, guardians ad litem, crim inal 1959
2909-conflict and civil regional counsel, and all staff of the state 1960
2910-courts system, state attorneys' offices, public defenders' 1961
2911-offices, and clerks of the circuit and county courts performing 1962
2912-court-related functions. Such system or services shall include, 1963
2913-but not be limited to: 1964
2914- 1. Telephone system infrastructure, including computer 1965
2915-lines, telephone switching equipment, and maintenance, and 1966
2916-facsimile equipment, wireless communications, cellular 1967
2917-telephones, pagers, and video teleconferencing equipment and 1968
2918-line charges. Each county shall continue to provide access to a 1969
2919-local carrier for local and long distance service and shall pay 1970
2920-toll charges for local and long distance service. 1971
2921- 2. All computer networks, systems and equipment, including 1972
2922-computer hardware and software, modems, printers, wiring, 1973
2923-network connections, maintenance, support staff or services 1974
2924-including any county -funded support staff located in the offices 1975
2925-
2926-CS/CS/HB 185 2024
2927-
2928-
2929-
2930-CODING: Words stricken are deletions; words underlined are additions.
2931-hb0185-02-c2
2932-Page 80 of 119
2933-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
2934-
2935-
2936-
2937-of the circuit court, county courts, state attorneys, public 1976
2938-defenders, guardians ad litem, and criminal conflict and civil 1977
2939-regional counsel; training, supplies, and line charges necessary 1978
2940-for an integrated computer system to support the operations and 1979
2941-management of the state courts system, the offices of the public 1980
2942-defenders, the offices of the state attorneys, the guardian ad 1981
2943-litem offices, the offices of criminal conflict and civil 1982
2944-regional counsel, and the offices of the clerks of the circuit 1983
2945-and county courts; and the capability to connect those entities 1984
2946-and reporting data to the state as re quired for the transmission 1985
2947-of revenue, performance accountability, case management, data 1986
2948-collection, budgeting, and auditing purposes. The integrated 1987
2949-computer system shall be operational by July 1, 2006, and, at a 1988
2950-minimum, permit the exchange of financial , performance 1989
2951-accountability, case management, case disposition, and other 1990
2952-data across multiple state and county information systems 1991
2953-involving multiple users at both the state level and within each 1992
2954-judicial circuit and be able to electronically exchange ju dicial 1993
2955-case background data, sentencing scoresheets, and video evidence 1994
2956-information stored in integrated case management systems over 1995
2957-secure networks. Once the integrated system becomes operational, 1996
2958-counties may reject requests to purchase communications s ervices 1997
2959-included in this subparagraph not in compliance with standards, 1998
2960-protocols, or processes adopted by the board established 1999
2961-pursuant to former s. 29.0086. 2000
2962-
2963-CS/CS/HB 185 2024
2964-
2965-
2966-
2967-CODING: Words stricken are deletions; words underlined are additions.
2968-hb0185-02-c2
2969-Page 81 of 119
2970-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
2971-
2972-
2973-
2974- 3. Courier messenger and subpoena services. 2001
2975- 4. Auxiliary aids and services for qualified ind ividuals 2002
2976-with a disability which are necessary to ensure access to the 2003
2977-courts. Such auxiliary aids and services include, but are not 2004
2978-limited to, sign language interpretation services required under 2005
2979-the federal Americans with Disabilities Act other than ser vices 2006
2980-required to satisfy due -process requirements and identified as a 2007
2981-state funding responsibility pursuant to ss. 29.004 -29.007, 2008
2982-real-time transcription services for individuals who are hearing 2009
2983-impaired, and assistive listening devices and the equipment 2010
2984-necessary to implement such accommodations. 2011
2985- (g) "Existing radio systems" includes, but is not limited 2012
2986-to, law enforcement radio systems that are used by the circuit 2013
2987-and county courts, the offices of the public defenders, the 2014
2988-offices of the state attorney s, and for court-related functions 2015
2989-of the offices of the clerks of the circuit and county courts. 2016
2990-This includes radio systems that were operational or under 2017
2991-contract at the time Revision No. 7, 1998, to Art. V of the 2018
2992-State Constitution was adopted and any enhancements made 2019
2993-thereafter, the maintenance of those systems, and the personnel 2020
2994-and supplies necessary for operation. 2021
2995- (h) "Existing multiagency criminal justice information 2022
2996-systems" includes, but is not limited to, those components of 2023
2997-the multiagency criminal justice information system as defined 2024
2998-in s. 943.045, supporting the offices of the circuit or county 2025
2999-
3000-CS/CS/HB 185 2024
3001-
3002-
3003-
3004-CODING: Words stricken are deletions; words underlined are additions.
3005-hb0185-02-c2
3006-Page 82 of 119
3007-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
3008-
3009-
3010-
3011-courts, the public defenders' offices, the state attorneys' 2026
3012-offices, or those portions of the offices of the clerks of the 2027
3013-circuit and county court s performing court-related functions 2028
3014-that are used to carry out the court -related activities of those 2029
3015-entities. This includes upgrades and maintenance of the current 2030
3016-equipment, maintenance and upgrades of supporting technology 2031
3017-infrastructure and associated staff, and services and expenses 2032
3018-to assure continued information sharing and reporting of 2033
3019-information to the state. The counties shall also provide 2034
3020-additional information technology services, hardware, and 2035
3021-software as needed for new judges and staff of th e state courts 2036
3022-system, state attorneys' offices, public defenders' offices, 2037
3023-guardian ad litem offices, and the offices of the clerks of the 2038
3024-circuit and county courts performing court -related functions. 2039
3025- Section 38. Paragraph (a) of subsection (1) of sec tion 2040
3026-39.6011, Florida Statutes, is amended to read: 2041
3027- 39.6011 Case plan development. — 2042
3028- (1) The department shall prepare a draft of the case plan 2043
3029-for each child receiving services under this chapter. A parent 2044
3030-of a child may not be threatened or coerced wit h the loss of 2045
3031-custody or parental rights for failing to admit in the case plan 2046
3032-of abusing, neglecting, or abandoning a child. Participating in 2047
3033-the development of a case plan is not an admission to any 2048
3034-allegation of abuse, abandonment, or neglect, and it is not a 2049
3035-consent to a finding of dependency or termination of parental 2050
3036-
3037-CS/CS/HB 185 2024
3038-
3039-
3040-
3041-CODING: Words stricken are deletions; words underlined are additions.
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3043-Page 83 of 119
3044-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
3045-
3046-
3047-
3048-rights. The case plan shall be developed subject to the 2051
3049-following requirements: 2052
3050- (a) The case plan must be developed in a face -to-face 2053
3051-conference with the parent of the child, the any court-appointed 2054
3052-guardian ad litem, and, if appropriate, the child and the 2055
3053-temporary custodian of the child. 2056
3054- Section 39. Subsection (8) of section 40.24, Florida 2057
3055-Statutes, is amended to read: 2058
3056- 40.24 Compensation and reimbursement policy. — 2059
3057- (8) In circuits that elect to allow jurors to donate their 2060
3058-jury service fee upon conclusion of juror service, each juror 2061
3059-may irrevocably donate all of the juror's compensation to the 26 2062
3060-U.S.C. s. 501(c)(3) organization specified by the Statewide 2063
3061-Guardian ad Litem Office program or to a domestic violence 2064
3062-shelter as specified annually on a rotating basis by the clerk 2065
3063-of court in the circuit for the juror's county of residence. The 2066
3064-funds collected may not reduce or offset the amount of 2067
3065-compensation that the Statewide Guardian ad Litem Office program 2068
3066-or domestic violence shelter would otherwise receive from the 2069
3067-state. The clerk of court shall ensure that all jurors are given 2070
3068-written notice at the conclusion of their service that they have 2071
3069-the option to so donat e their compensation, and that the 2072
3070-applicable program specified by the Statewide Guardian ad Litem 2073
3071-Office program or a domestic violence shelter receives all funds 2074
3072-donated by the jurors. Any circuit guardian ad litem office 2075
3073-
3074-CS/CS/HB 185 2024
3075-
3076-
3077-
3078-CODING: Words stricken are deletions; words underlined are additions.
3079-hb0185-02-c2
3080-Page 84 of 119
3081-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
3082-
3083-
3084-
3085-program receiving donations of j uror compensation must expend 2076
3086-such moneys on services for children for whom guardians ad litem 2077
3087-have been appointed. 2078
3088- Section 40. Subsections (5), (6), and (7) of section 2079
3089-43.16, Florida Statutes, are amended to read: 2080
3090- 43.16 Justice Administrative Commis sion; membership, 2081
3091-powers and duties.— 2082
3092- (5) The duties of the commission shall include, but not be 2083
3093-limited to, the following: 2084
3094- (a) The maintenance of a central state office for 2085
3095-administrative services and assistance when possible to and on 2086
3096-behalf of the state attorneys and public defenders of Florida, 2087
3097-the capital collateral regional counsel of Florida, the criminal 2088
3098-conflict and civil regional counsel, and the Statewide Guardian 2089
3099-Ad Litem Office Program. 2090
3100- (b) Each state attorney, public defender, and crimin al 2091
3101-conflict and civil regional counsel and the Statewide Guardian 2092
3102-Ad Litem Office Program shall continue to prepare necessary 2093
3103-budgets, vouchers that represent valid claims for reimbursement 2094
3104-by the state for authorized expenses, and other things 2095
3105-incidental to the proper administrative operation of the office, 2096
3106-such as revenue transmittals to the Chief Financial Officer and 2097
3107-automated systems plans, but will forward such items to the 2098
3108-commission for recording and submission to the proper state 2099
3109-officer. However, when requested by a state attorney, a public 2100
3110-
3111-CS/CS/HB 185 2024
3112-
3113-
3114-
3115-CODING: Words stricken are deletions; words underlined are additions.
3116-hb0185-02-c2
3117-Page 85 of 119
3118-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
3119-
3120-
3121-
3122-defender, a criminal conflict and civil regional counsel, or the 2101
3123-Statewide Guardian Ad Litem Office Program, the commission will 2102
3124-either assist in the preparation of budget requests, voucher 2103
3125-schedules, and other forms and reports or accomplish the entire 2104
3126-project involved. 2105
3127- (6) The commission, each state attorney, each public 2106
3128-defender, the criminal conflict and civil regional counsel, the 2107
3129-capital collateral regional counsel, and the Statewide Guardian 2108
3130-Ad Litem Office Program shall establish and maintain internal 2109
3131-controls designed to: 2110
3132- (a) Prevent and detect fraud, waste, and abuse as defined 2111
3133-in s. 11.45(1). 2112
3134- (b) Promote and encourage compliance with applicable laws, 2113
3135-rules, contracts, grant agreements, and best pr actices. 2114
3136- (c) Support economical and efficient operations. 2115
3137- (d) Ensure reliability of financial records and reports. 2116
3138- (e) Safeguard assets. 2117
3139- (7) The provisions contained in This section is shall be 2118
3140-supplemental to those of chapter 27, relating to state 2119
3141-attorneys, public defenders, criminal conflict and civil 2120
3142-regional counsel, and capital collateral regional counsel; to 2121
3143-those of chapter 39, relating to the Statewide Guardian Ad Litem 2122
3144-Office Program; or to other laws pertaining hereto. 2123
3145- Section 41. Paragraph (a) of subsection (1) and subsection 2124
3146-(4) of section 61.402, Florida Statutes, are amended to read: 2125
3147-
3148-CS/CS/HB 185 2024
3149-
3150-
3151-
3152-CODING: Words stricken are deletions; words underlined are additions.
3153-hb0185-02-c2
3154-Page 86 of 119
3155-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
3156-
3157-
3158-
3159- 61.402 Qualifications of guardians ad litem. — 2126
3160- (1) A person appointed as a guardian ad litem pursuant to 2127
3161-s. 61.401 must be: 2128
3162- (a) Certified by the Statewide Guardian Ad Litem Office 2129
3163-Program pursuant to s. 39.821; 2130
3164- (4) Nothing in this section requires the Statewide 2131
3165-Guardian Ad Litem Office Program or a not-for-profit legal aid 2132
3166-organization to train or certify guardians ad litem appointed 2133
3167-under this chapter. 2134
3168- Section 42. Paragraph (x) of subsection (2) of section 2135
3169-110.205, Florida Statutes, is amended to read: 2136
3170- 110.205 Career service; exemptions. — 2137
3171- (2) EXEMPT POSITIONS. —The exempt positions that are not 2138
3172-covered by this part include the following : 2139
3173- (x) All officers and employees of the Justice 2140
3174-Administrative Commission, Office of the State Attorney, Office 2141
3175-of the Public Defender, regional offices of capital collateral 2142
3176-counsel, offices of criminal conflict and civil regional 2143
3177-counsel, and Statewide Guardian Ad Litem Office, including the 2144
3178-circuit guardian ad litem offices programs. 2145
3179- Section 43. Paragraph (b) of subsection (96) of section 2146
3180-320.08058, Florida Statutes, is amended to read: 2147
3181- 320.08058 Specialty license plates. — 2148
3182- (96) GUARDIAN AD LITE M LICENSE PLATES.— 2149
3183- (b) The annual use fees from the sale of the plate shall 2150
3184-
3185-CS/CS/HB 185 2024
3186-
3187-
3188-
3189-CODING: Words stricken are deletions; words underlined are additions.
3190-hb0185-02-c2
3191-Page 87 of 119
3192-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
3193-
3194-
3195-
3196-be distributed to the Florida Guardian Ad Litem Foundation, 2151
3197-Inc., a direct-support organization and a nonprofit corporation 2152
3198-under s. 501(c)(3) of the Internal Revenue Code. Up to 10 2153
3199-percent of the proceeds may be used for administrative costs and 2154
3200-the marketing of the plate. The remainder of the proceeds must 2155
3201-be used in this state to support the mission and efforts of the 2156
3202-Statewide Guardian Ad Litem Office Program to represent abused, 2157
3203-abandoned, and neglected children and advocate for their best 2158
3204-interests; recruit and retain volunteer child advocates; and 2159
3205-meet the unique needs of the dependent children the program 2160
3206-serves. 2161
3207- Section 44. Paragraph (e) of subsection (3) of section 2162
3208-943.053, Florida Statutes, is amended to read: 2163
3209- 943.053 Dissemination of criminal justice information; 2164
3210-fees.— 2165
3211- (3) 2166
3212- (e) The fee per record for criminal history information 2167
3213-provided pursuant to this subsection and s. 943.0542 is $24 per 2168
3214-name submitted, except that the fee for the Statewide Guardian 2169
3215-Ad Litem Office program and vendors of the Department of 2170
3216-Children and Families, the Department of Juvenile Justice, the 2171
3217-Agency for Persons with Disabilities, and the Department of 2172
3218-Elderly Affairs is $8 for each name submitted; the fee for a 2173
3219-state criminal history provided for application processing as 2174
3220-required by law to be performed by the Department of Agriculture 2175
3221-
3222-CS/CS/HB 185 2024
3223-
3224-
3225-
3226-CODING: Words stricken are deletions; words underlined are additions.
3227-hb0185-02-c2
3228-Page 88 of 119
3229-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
3230-
3231-
3232-
3233-and Consumer Services is $15 for each name submitted; and the 2176
3234-fee for requests unde r s. 943.0542, which implements the 2177
3235-National Child Protection Act, is $18 for each volunteer name 2178
3236-submitted. An office of the public defender or an office of 2179
3237-criminal conflict and civil regional counsel may not be assessed 2180
3238-a fee for Florida criminal histor y information or wanted person 2181
3239-information. 2182
3240- Section 45. Subsection (2) of section 985.43, Florida 2183
3241-Statutes, is amended to read: 2184
3242- 985.43 Predisposition reports; other evaluations. — 2185
3243- (2) The court shall consider the child's entire assessment 2186
3244-and predisposition report and shall review the records of 2187
3245-earlier judicial proceedings before making a final disposition 2188
3246-of the case. If the child is under the jurisdiction of a 2189
3247-dependency court, the court may receive and consider any 2190
3248-information provided by the Statewide Guardian Ad Litem Office 2191
3249-Program and the child's attorney ad litem, if one is appointed. 2192
3250-The court may, by order, require additional evaluations and 2193
3251-studies to be performed by the department; the county school 2194
3252-system; or any social, psychological, o r psychiatric agency of 2195
3253-the state. The court shall order the educational needs 2196
3254-assessment completed under s. 985.18(2) to be included in the 2197
3255-assessment and predisposition report. 2198
3256- Section 46. Subsection (4) of section 985.441, Florida 2199
3257-Statutes, is amended to read: 2200
3258-
3259-CS/CS/HB 185 2024
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3261-
3262-
3263-CODING: Words stricken are deletions; words underlined are additions.
3264-hb0185-02-c2
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3266-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
3267-
3268-
3269-
3270- 985.441 Commitment. — 2201
3271- (4) The department may transfer a child, when necessary to 2202
3272-appropriately administer the child's commitment, from one 2203
3273-facility or program to another facility or program operated, 2204
3274-contracted, subcontracted, or designated by the department, 2205
3275-including a postcommitment nonresidential conditional release 2206
3276-program, except that the department may not transfer any child 2207
3277-adjudicated solely for a misdemeanor to a residential program 2208
3278-except as provided in subsection (2). The departme nt shall 2209
3279-notify the court that committed the child to the department and 2210
3280-any attorney of record for the child, in writing, of its intent 2211
3281-to transfer the child from a commitment facility or program to 2212
3282-another facility or program of a higher or lower restric tiveness 2213
3283-level. If the child is under the jurisdiction of a dependency 2214
3284-court, the department shall also provide notice to the 2215
3285-dependency court, and the Department of Children and Families, 2216
3286-and, if appointed, the Statewide Guardian Ad Litem Office, 2217
3287-Program and the child's attorney ad litem , if one is appointed . 2218
3288-The court that committed the child may agree to the transfer or 2219
3289-may set a hearing to review the transfer. If the court does not 2220
3290-respond within 10 days after receipt of the notice, the transfer 2221
3291-of the child shall be deemed granted. 2222
3292- Section 47. Subsection (3) of section 985.455, Florida 2223
3293-Statutes, is amended to read: 2224
3294- 985.455 Other dispositional issues. — 2225
3295-
3296-CS/CS/HB 185 2024
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3298-
3299-
3300-CODING: Words stricken are deletions; words underlined are additions.
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3302-Page 90 of 119
3303-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
3304-
3305-
3306-
3307- (3) Any commitment of a delinquent child to the department 2226
3308-must be for an indeterminate period of time, which may include 2227
3309-periods of temporary release; however, the period of time may 2228
3310-not exceed the maximum term of imprisonment that an adult may 2229
3311-serve for the same offense, except that the duration of a 2230
3312-minimum-risk nonresidential commitment for an o ffense that is a 2231
3313-misdemeanor of the second degree, or is equivalent to a 2232
3314-misdemeanor of the second degree, may be for a period not to 2233
3315-exceed 6 months. The duration of the child's placement in a 2234
3316-commitment program of any restrictiveness level shall be based 2235
3317-on objective performance -based treatment planning. The child's 2236
3318-treatment plan progress and adjustment -related issues shall be 2237
3319-reported to the court quarterly, unless the court requests 2238
3320-monthly reports. If the child is under the jurisdiction of a 2239
3321-dependency court, the court may receive and consider any 2240
3322-information provided by the Statewide Guardian Ad Litem Office 2241
3323-Program or the child's attorney ad litem, if one is appointed. 2242
3324-The child's length of stay in a commitment program may be 2243
3325-extended if the child fa ils to comply with or participate in 2244
3326-treatment activities. The child's length of stay in the program 2245
3327-shall not be extended for purposes of sanction or punishment. 2246
3328-Any temporary release from such program must be approved by the 2247
3329-court. Any child so committed may be discharged from 2248
3330-institutional confinement or a program upon the direction of the 2249
3331-department with the concurrence of the court. The child's 2250
3332-
3333-CS/CS/HB 185 2024
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3335-
3336-
3337-CODING: Words stricken are deletions; words underlined are additions.
3338-hb0185-02-c2
3339-Page 91 of 119
3340-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
3341-
3342-
3343-
3344-treatment plan progress and adjustment -related issues must be 2251
3345-communicated to the court at the time the depar tment requests 2252
3346-the court to consider releasing the child from the commitment 2253
3347-program. The department shall give the court that committed the 2254
3348-child to the department reasonable notice, in writing, of its 2255
3349-desire to discharge the child from a commitment facil ity. The 2256
3350-court that committed the child may thereafter accept or reject 2257
3351-the request. If the court does not respond within 10 days after 2258
3352-receipt of the notice, the request of the department shall be 2259
3353-deemed granted. This section does not limit the department 's 2260
3354-authority to revoke a child's temporary release status and 2261
3355-return the child to a commitment facility for any violation of 2262
3356-the terms and conditions of the temporary release. 2263
3357- Section 48. Paragraph (b) of subsection (4) of section 2264
3358-985.461, Florida Stat utes, is amended to read: 2265
3359- 985.461 Transition to adulthood. — 2266
3360- (4) As part of the child's treatment plan, the department 2267
3361-may provide transition -to-adulthood services to children 2268
3362-released from residential commitment. To support participation 2269
3363-in transition-to-adulthood services and subject to 2270
3364-appropriation, the department may: 2271
3365- (b) Use community reentry teams to assist in the 2272
3366-development of a list of age -appropriate activities and 2273
3367-responsibilities to be incorporated in the child's written case 2274
3368-plan for any youth who is under the custody or supervision of 2275
3369-
3370-CS/CS/HB 185 2024
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3372-
3373-
3374-CODING: Words stricken are deletions; words underlined are additions.
3375-hb0185-02-c2
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3377-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
3378-
3379-
3380-
3381-the department. Communit y reentry teams may include 2276
3382-representatives from school districts, law enforcement, 2277
3383-workforce development services, community -based service 2278
3384-providers, the Statewide Guardian Ad Litem Office Program, and 2279
3385-the youth's family. Such community reentry teams must be created 2280
3386-within existing resources provided to the department. Activities 2281
3387-may include, but are not limited to, life skills training, 2282
3388-including training to develop banking and budgeting skills, 2283
3389-interviewing and career planning skills, parenting skills, 2284
3390-personal health management, and time management or 2285
3391-organizational skills; educational support; employment training; 2286
3392-and counseling. 2287
3393- Section 49. Paragraph (h) of subsection (11) of section 2288
3394-985.48, Florida Statutes, is amended to read: 2289
3395- 985.48 Juvenile sexual offender commitment programs; 2290
3396-sexual abuse intervention networks. — 2291
3397- (11) Membership of a sexual abuse intervention network 2292
3398-shall include, but is not limited to, representatives from: 2293
3399- (h) The Statewide Guardian Ad Litem Office program; 2294
3400- Section 50. Subsection (1) of section 39.302, Florida 2295
3401-Statutes, is amended to read: 2296
3402- 39.302 Protective investigations of institutional child 2297
3403-abuse, abandonment, or neglect. — 2298
3404- (1) The department shall conduct a child protective 2299
3405-investigation of each report of ins titutional child abuse, 2300
3406-
3407-CS/CS/HB 185 2024
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3409-
3410-
3411-CODING: Words stricken are deletions; words underlined are additions.
3412-hb0185-02-c2
3413-Page 93 of 119
3414-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
3415-
3416-
3417-
3418-abandonment, or neglect. Upon receipt of a report that alleges 2301
3419-that an employee or agent of the department, or any other entity 2302
3420-or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 2303
3421-acting in an official capacity, has comm itted an act of child 2304
3422-abuse, abandonment, or neglect, the department shall initiate a 2305
3423-child protective investigation within the timeframe established 2306
3424-under s. 39.101(2) and notify the appropriate state attorney, 2307
3425-law enforcement agency, and licensing agency , which shall 2308
3426-immediately conduct a joint investigation, unless independent 2309
3427-investigations are more feasible. When conducting investigations 2310
3428-or having face-to-face interviews with the child, investigation 2311
3429-visits shall be unannounced unless it is determined by the 2312
3430-department or its agent that unannounced visits threaten the 2313
3431-safety of the child. If a facility is exempt from licensing, the 2314
3432-department shall inform the owner or operator of the facility of 2315
3433-the report. Each agency conducting a joint investigation is 2316
3434-entitled to full access to the information gathered by the 2317
3435-department in the course of the investigation. A protective 2318
3436-investigation must include an interview with the child's parent 2319
3437-or legal guardian. The department shall make a full written 2320
3438-report to the state attorney within 3 business days after making 2321
3439-the oral report. A criminal investigation shall be coordinated, 2322
3440-whenever possible, with the child protective investigation of 2323
3441-the department. Any interested person who has information 2324
3442-regarding the offenses described in this subsection may forward 2325
3443-
3444-CS/CS/HB 185 2024
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3446-
3447-
3448-CODING: Words stricken are deletions; words underlined are additions.
3449-hb0185-02-c2
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3451-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
3452-
3453-
3454-
3455-a statement to the state attorney as to whether prosecution is 2326
3456-warranted and appropriate. Within 15 days after the completion 2327
3457-of the investigation, the state attorney shall report the 2328
3458-findings to the departmen t and shall include in the report a 2329
3459-determination of whether or not prosecution is justified and 2330
3460-appropriate in view of the circumstances of the specific case. 2331
3461- Section 51. Paragraph (c) of subsection (1) of section 2332
3462-39.521, Florida Statutes, is amended to read: 2333
3463- 39.521 Disposition hearings; powers of disposition. — 2334
3464- (1) A disposition hearing shall be conducted by the court, 2335
3465-if the court finds that the facts alleged in the petition for 2336
3466-dependency were proven in the adjudicatory hearing, or if the 2337
3467-parents or legal custodians have consented to the finding of 2338
3468-dependency or admitted the allegations in the petition, have 2339
3469-failed to appear for the arraignment hearing after proper 2340
3470-notice, or have not been located despite a diligent search 2341
3471-having been conducted. 2342
3472- (c) When any child is adjudicated by a court to be 2343
3473-dependent, the court having jurisdiction of the child has the 2344
3474-power by order to: 2345
3475- 1. Require the parent and, when appropriate, the legal 2346
3476-guardian or the child to participate in treatment and services 2347
3477-identified as necessary. The court may require the person who 2348
3478-has custody or who is requesting custody of the child to submit 2349
3479-to a mental health or substance abuse disorder assessment or 2350
3480-
3481-CS/CS/HB 185 2024
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3483-
3484-
3485-CODING: Words stricken are deletions; words underlined are additions.
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3487-Page 95 of 119
3488-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
3489-
3490-
3491-
3492-evaluation. The order may be made only upon good cause shown and 2351
3493-pursuant to notice and procedural requirements provided under 2352
3494-the Florida Rules of Juvenile Procedure. The mental health 2353
3495-assessment or evaluation must be administered by a qualified 2354
3496-professional as defined in s. 39.01, and the substance abuse 2355
3497-assessment or evalua tion must be administered by a qualified 2356
3498-professional as defined in s. 397.311. The court may also 2357
3499-require such person to participate in and comply with treatment 2358
3500-and services identified as necessary, including, when 2359
3501-appropriate and available, participatio n in and compliance with 2360
3502-a mental health court program established under chapter 394 or a 2361
3503-treatment-based drug court program established under s. 397.334. 2362
3504-Adjudication of a child as dependent based upon evidence of harm 2363
3505-as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 2364
3506-cause, and the court shall require the parent whose actions 2365
3507-caused the harm to submit to a substance abuse disorder 2366
3508-assessment or evaluation and to participate and comply with 2367
3509-treatment and services identified in the assessment or 2368
3510-evaluation as being necessary. In addition to supervision by the 2369
3511-department, the court, including the mental health court program 2370
3512-or the treatment-based drug court program, may oversee the 2371
3513-progress and compliance with treatment by a person who has 2372
3514-custody or is requesting custody of the child. The court may 2373
3515-impose appropriate available sanctions for noncompliance upon a 2374
3516-person who has custody or is requesting custody of the child or 2375
3517-
3518-CS/CS/HB 185 2024
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3520-
3521-
3522-CODING: Words stricken are deletions; words underlined are additions.
3523-hb0185-02-c2
3524-Page 96 of 119
3525-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
3526-
3527-
3528-
3529-make a finding of noncompliance for consideration in determining 2376
3530-whether an alternative placement of the child is in the child's 2377
3531-best interests. Any order entered under this subparagraph may be 2378
3532-made only upon good cause shown. This subparagraph does not 2379
3533-authorize placement of a child with a person seeking custody of 2380
3534-the child, other than the child's parent or legal custodian, who 2381
3535-requires mental health or substance abuse disorder treatment. 2382
3536- 2. Require, if the court deems necessary, the parties to 2383
3537-participate in dependency mediation. 2384
3538- 3. Require placement of the child either under the 2385
3539-protective supervision of an authorized agent of the department 2386
3540-in the home of one or both of the child's parents or in the home 2387
3541-of a relative of the child or another adult approved by the 2388
3542-court, or in the custody of the department. Protective 2389
3543-supervision continues until the court terminates it or until the 2390
3544-child reaches the age of 18, whichever date is first. Protective 2391
3545-supervision shall be terminated by the court whenever the court 2392
3546-determines that permanency has been achieved for the child, 2393
3547-whether with a parent, another relative, or a legal custodian, 2394
3548-and that protective supervision is no longer needed. The 2395
3549-termination of supervision may be with or without retaining 2396
3550-jurisdiction, at the court's discretion, and shall in either 2397
3551-case be considered a permanency option for the child. The order 2398
3552-terminating supervision by the department must set forth the 2399
3553-powers of the custodian of the child and include the powers 2400
3554-
3555-CS/CS/HB 185 2024
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3557-
3558-
3559-CODING: Words stricken are deletions; words underlined are additions.
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3562-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
3563-
3564-
3565-
3566-ordinarily granted to a guardian of the person of a minor unless 2401
3567-otherwise specified. Upon the court's termination of supervision 2402
3568-by the department, further judicial reviews are not required if 2403
3569-permanency has been established for the child. 2404
3570- 4. Determine whether the child has a strong attachment to 2405
3571-the prospective permanent guardian and whethe r such guardian has 2406
3572-a strong commitment to permanently caring for the child. 2407
3573- Section 52. Paragraph (c) of subsection (2) of section 2408
3574-61.13, Florida Statutes, is amended to read: 2409
3575- 61.13 Support of children; parenting and time -sharing; 2410
3576-powers of court.— 2411
3577- (2) 2412
3578- (c) The court shall determine all matters relating to 2413
3579-parenting and time-sharing of each minor child of the parties in 2414
3580-accordance with the best interests of the child and in 2415
3581-accordance with the Uniform Child Custody Jurisdiction and 2416
3582-Enforcement Act, except that modification of a parenting plan 2417
3583-and time-sharing schedule requires a showing of a substantial 2418
3584-and material change of circumstances. 2419
3585- 1. It is the public policy of this state that each minor 2420
3586-child has frequent and continuing contact with both parents 2421
3587-after the parents separate or the marriage of the parties is 2422
3588-dissolved and to encourage parents to share the rights and 2423
3589-responsibilities, and joys, of childrearing. Unless otherwise 2424
3590-provided in this section or agreed to by the parties, there is a 2425
3591-
3592-CS/CS/HB 185 2024
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3594-
3595-
3596-CODING: Words stricken are deletions; words underlined are additions.
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3598-Page 98 of 119
3599-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
3600-
3601-
3602-
3603-rebuttable presumption that equal time -sharing of a minor child 2426
3604-is in the best interests of the minor child. To rebut this 2427
3605-presumption, a party must prove by a preponderance of the 2428
3606-evidence that equal time -sharing is not in the best interests of 2429
3607-the minor child. Except when a time -sharing schedule is agreed 2430
3608-to by the parties and approved by the court, the court must 2431
3609-evaluate all of the factors set forth in subsection (3) and make 2432
3610-specific written findings of fact when creating or modifying a 2433
3611-time-sharing schedule. 2434
3612- 2. The court shall order that the parental responsibility 2435
3613-for a minor child be shared by both parents unless the court 2436
3614-finds that shared parental responsibility would be detrimental 2437
3615-to the child. In determining detriment to the child, the court 2438
3616-shall consider: 2439
3617- a. Evidence of domestic violence, as defined in s. 741.28; 2440
3618- b. Whether either parent has or has had reasonable cause 2441
3619-to believe that he or she or his or her minor child or children 2442
3620-are or have been in imminent danger of becoming victims o f an 2443
3621-act of domestic violence as defined in s. 741.28 or sexual 2444
3622-violence as defined in s. 784.046(1)(c) by the other parent 2445
3623-against the parent or against the child or children whom the 2446
3624-parents share in common regardless of whether a cause of action 2447
3625-has been brought or is currently pending in the court; 2448
3626- c. Whether either parent has or has had reasonable cause 2449
3627-to believe that his or her minor child or children are or have 2450
3628-
3629-CS/CS/HB 185 2024
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3631-
3632-
3633-CODING: Words stricken are deletions; words underlined are additions.
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3636-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
3637-
3638-
3639-
3640-been in imminent danger of becoming victims of an act of abuse 2451
3641-as defined in s. 39.01( 2), abandonment as defined in s. 2452
3642-39.01(1), or neglect, as those terms are defined in s. 39.01, s. 2453
3643-39.01(50) by the other parent against the child or children whom 2454
3644-the parents share in common regardless of whether a cause of 2455
3645-action has been brought or is currently pending in the court; 2456
3646-and 2457
3647- d. Any other relevant factors. 2458
3648- 3. The following evidence creates a re buttable presumption 2459
3649-that shared parental responsibility is detrimental to the child: 2460
3650- a. A parent has been convicted of a misdemeanor of the 2461
3651-first degree or higher involving domestic violence, as defined 2462
3652-in s. 741.28 and chapter 775; 2463
3653- b. A parent meets the criteria of s. 39.806(1)(d); or 2464
3654- c. A parent has been convicted of or had adjudication 2465
3655-withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2466
3656-at the time of the offense: 2467
3657- (I) The parent was 18 years of age or older. 2468
3658- (II) The victim was under 18 years of age or the parent 2469
3659-believed the victim to be under 18 years of age. 2470
3660- 2471
3661-If the presumption is not rebutted after the convicted parent is 2472
3662-advised by the court that the presumption exists, shared 2473
3663-parental responsibility, including time -sharing with the child, 2474
3664-and decisions made regarding the child, may not be granted to 2475
3665-
3666-CS/CS/HB 185 2024
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3668-
3669-
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3673-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
3674-
3675-
3676-
3677-the convicted parent. However, the convicted parent is not 2476
3678-relieved of any obligation to provide financial support. If the 2477
3679-court determines that shared parental responsibility wo uld be 2478
3680-detrimental to the child, it may order sole parental 2479
3681-responsibility and make such arrangements for time -sharing as 2480
3682-specified in the parenting plan as will best protect the child 2481
3683-or abused spouse from further harm. Whether or not there is a 2482
3684-conviction of any offense of domestic violence or child abuse or 2483
3685-the existence of an injunction for protection against domestic 2484
3686-violence, the court shall consider evidence of domestic violence 2485
3687-or child abuse as evidence of detriment to the child. 2486
3688- 4. In ordering shared parental responsibility, the court 2487
3689-may consider the expressed desires of the parents and may grant 2488
3690-to one party the ultimate responsibility over specific aspects 2489
3691-of the child's welfare or may divide those responsibilities 2490
3692-between the parties based on the best interests of the child. 2491
3693-Areas of responsibility may include education, health care, and 2492
3694-any other responsibilities that the court finds unique to a 2493
3695-particular family. 2494
3696- 5. The court shall order sole parental responsibility for 2495
3697-a minor child to one parent, with or without time -sharing with 2496
3698-the other parent if it is in the best interests of the minor 2497
3699-child. 2498
3700- 6. There is a rebuttable presumption against granting 2499
3701-time-sharing with a minor child if a parent has been convicted 2500
3702-
3703-CS/CS/HB 185 2024
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3705-
3706-
3707-CODING: Words stricken are deletions; words underlined are additions.
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3710-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
3711-
3712-
3713-
3714-of or had adjudication wi thheld for an offense enumerated in s. 2501
3715-943.0435(1)(h)1.a., and at the time of the offense: 2502
3716- a. The parent was 18 years of age or older. 2503
3717- b. The victim was under 18 years of age or the parent 2504
3718-believed the victim to be under 18 years of age. 2505
3719- 2506
3720-A parent may rebut the presumption upon a specific finding in 2507
3721-writing by the court that the parent poses no significant risk 2508
3722-of harm to the child and that time -sharing is in the best 2509
3723-interests of the minor child. If the presumption is rebutted, 2510
3724-the court must consider all time-sharing factors in subsection 2511
3725-(3) when developing a time -sharing schedule. 2512
3726- 7. Access to records and information pertaining to a minor 2513
3727-child, including, but not limited to, medical, dental, and 2514
3728-school records, may not be denied to either parent. Full rights 2515
3729-under this subparagraph apply to either parent unless a court 2516
3730-order specifically revokes these rights, including any 2517
3731-restrictions on these rights as provided in a domestic violence 2518
3732-injunction. A parent having rights under this subparagraph has 2519
3733-the same rights upon request as to form, substance, and manner 2520
3734-of access as are available to the other parent of a child, 2521
3735-including, without limitation, the right to in -person 2522
3736-communication with medical, dental, and education providers. 2523
3737- Section 53. Paragraph (d) of subsection (4) of section 2524
3738-119.071, Florida Statutes, is amended to read: 2525
3739-
3740-CS/CS/HB 185 2024
3741-
3742-
3743-
3744-CODING: Words stricken are deletions; words underlined are additions.
3745-hb0185-02-c2
3746-Page 102 of 119
3747-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
3748-
3749-
3750-
3751- 119.071 General exemptions from inspection or copying of 2526
3752-public records.— 2527
3753- (4) AGENCY PERSONNEL INFORMATION. — 2528
3754- (d)1. For purposes of this paragraph, the term: 2529
3755- a. "Home addresses" means the dwelling location at which 2530
3756-an individual resides and includes the physical address, mailing 2531
3757-address, street address, parcel identification number, plot 2532
3758-identification number, legal property description, neighborhood 2533
3759-name and lot number, GPS coordinates, and any other descriptive 2534
3760-property information that may reveal the home address. 2535
3761- b. "Judicial assistant" means a court employee assigned to 2536
3762-the following class codes: 8140, 8150, 8310, and 8320. 2537
3763- c. "Telephone numbers" includes h ome telephone numbers, 2538
3764-personal cellular telephone numbers, personal pager telephone 2539
3765-numbers, and telephone numbers associated with personal 2540
3766-communications devices. 2541
3767- 2.a. The home addresses, telephone numbers, dates of 2542
3768-birth, and photographs of active or former sworn law enforcement 2543
3769-personnel or of active or former civilian personnel employed by 2544
3770-a law enforcement agency, including correctional and 2545
3771-correctional probation officers, personnel of the Department of 2546
3772-Children and Families whose duties include the investigation of 2547
3773-abuse, neglect, exploitation, fraud, theft, or other criminal 2548
3774-activities, personnel of the Department of Health whose duties 2549
3775-are to support the investigation of child abuse or neglect, and 2550
3776-
3777-CS/CS/HB 185 2024
3778-
3779-
3780-
3781-CODING: Words stricken are deletions; words underlined are additions.
3782-hb0185-02-c2
3783-Page 103 of 119
3784-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
3785-
3786-
3787-
3788-personnel of the Department of Revenue or local g overnments 2551
3789-whose responsibilities include revenue collection and 2552
3790-enforcement or child support enforcement; the names, home 2553
3791-addresses, telephone numbers, photographs, dates of birth, and 2554
3792-places of employment of the spouses and children of such 2555
3793-personnel; and the names and locations of schools and day care 2556
3794-facilities attended by the children of such personnel are exempt 2557
3795-from s. 119.07(1) and s. 24(a), Art. I of the State 2558
3796-Constitution. 2559
3797- b. The home addresses, telephone numbers, dates of birth, 2560
3798-and photographs of current or former nonsworn investigative 2561
3799-personnel of the Department of Financial Services whose duties 2562
3800-include the investigation of fraud, theft, workers' compensation 2563
3801-coverage requirements and compliance, other related criminal 2564
3802-activities, or state r egulatory requirement violations; the 2565
3803-names, home addresses, telephone numbers, dates of birth, and 2566
3804-places of employment of the spouses and children of such 2567
3805-personnel; and the names and locations of schools and day care 2568
3806-facilities attended by the children of such personnel are exempt 2569
3807-from s. 119.07(1) and s. 24(a), Art. I of the State 2570
3808-Constitution. 2571
3809- c. The home addresses, telephone numbers, dates of birth, 2572
3810-and photographs of current or former nonsworn investigative 2573
3811-personnel of the Office of Financial Regu lation's Bureau of 2574
3812-Financial Investigations whose duties include the investigation 2575
3813-
3814-CS/CS/HB 185 2024
3815-
3816-
3817-
3818-CODING: Words stricken are deletions; words underlined are additions.
3819-hb0185-02-c2
3820-Page 104 of 119
3821-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
3822-
3823-
3824-
3825-of fraud, theft, other related criminal activities, or state 2576
3826-regulatory requirement violations; the names, home addresses, 2577
3827-telephone numbers, dates of birth, and places of e mployment of 2578
3828-the spouses and children of such personnel; and the names and 2579
3829-locations of schools and day care facilities attended by the 2580
3830-children of such personnel are exempt from s. 119.07(1) and s. 2581
3831-24(a), Art. I of the State Constitution. 2582
3832- d. The home addresses, telephone numbers, dates of birth, 2583
3833-and photographs of current or former firefighters certified in 2584
3834-compliance with s. 633.408; the names, home addresses, telephone 2585
3835-numbers, photographs, dates of birth, and places of employment 2586
3836-of the spouses and ch ildren of such firefighters; and the names 2587
3837-and locations of schools and day care facilities attended by the 2588
3838-children of such firefighters are exempt from s. 119.07(1) and 2589
3839-s. 24(a), Art. I of the State Constitution. 2590
3840- e. The home addresses, dates of birth, and telephone 2591
3841-numbers of current or former justices of the Supreme Court, 2592
3842-district court of appeal judges, circuit court judges, and 2593
3843-county court judges, and of current judicial assistants; the 2594
3844-names, home addresses, telephone numbers, dates of birth, and 2595
3845-places of employment of the spouses and children of current or 2596
3846-former justices and judges and of current judicial assistants; 2597
3847-and the names and locations of schools and day care facilities 2598
3848-attended by the children of current or former justices and 2599
3849-judges and of current judicial assistants are exempt from s. 2600
3850-
3851-CS/CS/HB 185 2024
3852-
3853-
3854-
3855-CODING: Words stricken are deletions; words underlined are additions.
3856-hb0185-02-c2
3857-Page 105 of 119
3858-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
3859-
3860-
3861-
3862-119.07(1) and s. 24(a), Art. I of the State Constitution. This 2601
3863-sub-subparagraph is subject to the Open Government Sunset Review 2602
3864-Act in accordance with s. 119.15 and shall stand repealed on 2603
3865-October 2, 2028, unless reviewed and saved from repeal through 2604
3866-reenactment by the Legislature. 2605
3867- f. The home addresses, telephone numbers, dates of birth, 2606
3868-and photographs of current or former state attorneys, assistant 2607
3869-state attorneys, statewide prosecutors, or assistan t statewide 2608
3870-prosecutors; the names, home addresses, telephone numbers, 2609
3871-photographs, dates of birth, and places of employment of the 2610
3872-spouses and children of current or former state attorneys, 2611
3873-assistant state attorneys, statewide prosecutors, or assistant 2612
3874-statewide prosecutors; and the names and locations of schools 2613
3875-and day care facilities attended by the children of current or 2614
3876-former state attorneys, assistant state attorneys, statewide 2615
3877-prosecutors, or assistant statewide prosecutors are exempt from 2616
3878-s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2617
3879- g. The home addresses, dates of birth, and telephone 2618
3880-numbers of general magistrates, special magistrates, judges of 2619
3881-compensation claims, administrative law judges of the Division 2620
3882-of Administrative Hear ings, and child support enforcement 2621
3883-hearing officers; the names, home addresses, telephone numbers, 2622
3884-dates of birth, and places of employment of the spouses and 2623
3885-children of general magistrates, special magistrates, judges of 2624
3886-compensation claims, administrat ive law judges of the Division 2625
3887-
3888-CS/CS/HB 185 2024
3889-
3890-
3891-
3892-CODING: Words stricken are deletions; words underlined are additions.
3893-hb0185-02-c2
3894-Page 106 of 119
3895-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
3896-
3897-
3898-
3899-of Administrative Hearings, and child support enforcement 2626
3900-hearing officers; and the names and locations of schools and day 2627
3901-care facilities attended by the children of general magistrates, 2628
3902-special magistrates, judges of compen sation claims, 2629
3903-administrative law judges of the Division of Administrative 2630
3904-Hearings, and child support enforcement hearing officers are 2631
3905-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2632
3906-Constitution. 2633
3907- h. The home addresses, telephone numbers, dat es of birth, 2634
3908-and photographs of current or former human resource, labor 2635
3909-relations, or employee relations directors, assistant directors, 2636
3910-managers, or assistant managers of any local government agency 2637
3911-or water management district whose duties include hiring and 2638
3912-firing employees, labor contract negotiation, administration, or 2639
3913-other personnel-related duties; the names, home addresses, 2640
3914-telephone numbers, dates of birth, and places of employment of 2641
3915-the spouses and children of such personnel; and the names and 2642
3916-locations of schools and day care facilities attended by the 2643
3917-children of such personnel are exempt from s. 119.07(1) and s. 2644
3918-24(a), Art. I of the State Constitution. 2645
3919- i. The home addresses, telephone numbers, dates of birth, 2646
3920-and photographs of current or for mer code enforcement officers; 2647
3921-the names, home addresses, telephone numbers, dates of birth, 2648
3922-and places of employment of the spouses and children of such 2649
3923-personnel; and the names and locations of schools and day care 2650
3924-
3925-CS/CS/HB 185 2024
3926-
3927-
3928-
3929-CODING: Words stricken are deletions; words underlined are additions.
3930-hb0185-02-c2
3931-Page 107 of 119
3932-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
3933-
3934-
3935-
3936-facilities attended by the children of such personnel are exempt 2651
3937-from s. 119.07(1) and s. 24(a), Art. I of the State 2652
3938-Constitution. 2653
3939- j. The home addresses, telephone numbers, places of 2654
3940-employment, dates of birth, and photographs of current or former 2655
3941-guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2656
3942-home addresses, telephone numbers, dates of birth, and places of 2657
3943-employment of the spouses and children of such persons; and the 2658
3944-names and locations of schools and day care facilities attended 2659
3945-by the children of such persons are exempt from s. 119.07(1) and 2660
3946-s. 24(a), Art. I of the State Constitution. 2661
3947- k. The home addresses, telephone numbers, dates of birth, 2662
3948-and photographs of current or former juvenile probation 2663
3949-officers, juvenile probation supervisors, detention 2664
3950-superintendents, assis tant detention superintendents, juvenile 2665
3951-justice detention officers I and II, juvenile justice detention 2666
3952-officer supervisors, juvenile justice residential officers, 2667
3953-juvenile justice residential officer supervisors I and II, 2668
3954-juvenile justice counselors, juv enile justice counselor 2669
3955-supervisors, human services counselor administrators, senior 2670
3956-human services counselor administrators, rehabilitation 2671
3957-therapists, and social services counselors of the Department of 2672
3958-Juvenile Justice; the names, home addresses, teleph one numbers, 2673
3959-dates of birth, and places of employment of spouses and children 2674
3960-of such personnel; and the names and locations of schools and 2675
3961-
3962-CS/CS/HB 185 2024
3963-
3964-
3965-
3966-CODING: Words stricken are deletions; words underlined are additions.
3967-hb0185-02-c2
3968-Page 108 of 119
3969-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
3970-
3971-
3972-
3973-day care facilities attended by the children of such personnel 2676
3974-are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2677
3975-Constitution. 2678
3976- l. The home addresses, telephone numbers, dates of birth, 2679
3977-and photographs of current or former public defenders, assistant 2680
3978-public defenders, criminal conflict and civil regional counsel, 2681
3979-and assistant criminal conflict and civil r egional counsel; the 2682
3980-names, home addresses, telephone numbers, dates of birth, and 2683
3981-places of employment of the spouses and children of current or 2684
3982-former public defenders, assistant public defenders, criminal 2685
3983-conflict and civil regional counsel, and assista nt criminal 2686
3984-conflict and civil regional counsel; and the names and locations 2687
3985-of schools and day care facilities attended by the children of 2688
3986-current or former public defenders, assistant public defenders, 2689
3987-criminal conflict and civil regional counsel, and as sistant 2690
3988-criminal conflict and civil regional counsel are exempt from s. 2691
3989-119.07(1) and s. 24(a), Art. I of the State Constitution. 2692
3990- m. The home addresses, telephone numbers, dates of birth, 2693
3991-and photographs of current or former investigators or inspectors 2694
3992-of the Department of Business and Professional Regulation; the 2695
3993-names, home addresses, telephone numbers, dates of birth, and 2696
3994-places of employment of the spouses and children of such current 2697
3995-or former investigators and inspectors; and the names and 2698
3996-locations of schools and day care facilities attended by the 2699
3997-children of such current or former investigators and inspectors 2700
3998-
3999-CS/CS/HB 185 2024
4000-
4001-
4002-
4003-CODING: Words stricken are deletions; words underlined are additions.
4004-hb0185-02-c2
4005-Page 109 of 119
4006-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
4007-
4008-
4009-
4010-are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2701
4011-Constitution. 2702
4012- n. The home addresses, telephone numbers, and dates of 2703
4013-birth of county tax collectors; the names, home addresses, 2704
4014-telephone numbers, dates of birth, and places of employment of 2705
4015-the spouses and children of such tax collectors; and the names 2706
4016-and locations of schools and day care facilities attended by the 2707
4017-children of such tax collectors are exempt from s. 119.07(1) and 2708
4018-s. 24(a), Art. I of the State Constitution. 2709
4019- o. The home addresses, telephone numbers, dates of birth, 2710
4020-and photographs of current or former personnel of the Department 2711
4021-of Health whose duties include, or result in, the determination 2712
4022-or adjudication of eligibility for social security disability 2713
4023-benefits, the investigation or prosecution of complaints filed 2714
4024-against health care practitioners, or the inspection of health 2715
4025-care practitioners or health care faci lities licensed by the 2716
4026-Department of Health; the names, home addresses, telephone 2717
4027-numbers, dates of birth, and places of employment of the spouses 2718
4028-and children of such personnel; and the names and locations of 2719
4029-schools and day care facilities attended by th e children of such 2720
4030-personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2721
4031-the State Constitution. 2722
4032- p. The home addresses, telephone numbers, dates of birth, 2723
4033-and photographs of current or former impaired practitioner 2724
4034-consultants who are retained by an agency or current or former 2725
4035-
4036-CS/CS/HB 185 2024
4037-
4038-
4039-
4040-CODING: Words stricken are deletions; words underlined are additions.
4041-hb0185-02-c2
4042-Page 110 of 119
4043-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
4044-
4045-
4046-
4047-employees of an impaired practitioner consultant whose duties 2726
4048-result in a determination of a person's skill and safety to 2727
4049-practice a licensed profession; the names, home addresses, 2728
4050-telephone numbers, dates of birth, and plac es of employment of 2729
4051-the spouses and children of such consultants or their employees; 2730
4052-and the names and locations of schools and day care facilities 2731
4053-attended by the children of such consultants or employees are 2732
4054-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2733
4055-Constitution. 2734
4056- q. The home addresses, telephone numbers, dates of birth, 2735
4057-and photographs of current or former emergency medical 2736
4058-technicians or paramedics certified under chapter 401; the 2737
4059-names, home addresses, telephone numbers, dates of birt h, and 2738
4060-places of employment of the spouses and children of such 2739
4061-emergency medical technicians or paramedics; and the names and 2740
4062-locations of schools and day care facilities attended by the 2741
4063-children of such emergency medical technicians or paramedics are 2742
4064-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2743
4065-Constitution. 2744
4066- r. The home addresses, telephone numbers, dates of birth, 2745
4067-and photographs of current or former personnel employed in an 2746
4068-agency's office of inspector general or internal audit 2747
4069-department whose duties include auditing or investigating waste, 2748
4070-fraud, abuse, theft, exploitation, or other activities that 2749
4071-could lead to criminal prosecution or administrative discipline; 2750
4072-
4073-CS/CS/HB 185 2024
4074-
4075-
4076-
4077-CODING: Words stricken are deletions; words underlined are additions.
4078-hb0185-02-c2
4079-Page 111 of 119
4080-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
4081-
4082-
4083-
4084-the names, home addresses, telephone numbers, dates of birth, 2751
4085-and places of employment of spouses and children of such 2752
4086-personnel; and the names and locations of schools and day care 2753
4087-facilities attended by the children of such personnel are exempt 2754
4088-from s. 119.07(1) and s. 24(a), Art. I of the State 2755
4089-Constitution. 2756
4090- s. The home addresses, telephone numbers, dates of birth, 2757
4091-and photographs of current or former directors, managers, 2758
4092-supervisors, nurses, and clinical employees of an addiction 2759
4093-treatment facility; the home addresses, telephone numbers, 2760
4094-photographs, dates of birth, and plac es of employment of the 2761
4095-spouses and children of such personnel; and the names and 2762
4096-locations of schools and day care facilities attended by the 2763
4097-children of such personnel are exempt from s. 119.07(1) and s. 2764
4098-24(a), Art. I of the State Constitution. For purpo ses of this 2765
4099-sub-subparagraph, the term "addiction treatment facility" means 2766
4100-a county government, or agency thereof, that is licensed 2767
4101-pursuant to s. 397.401 and provides substance abuse prevention, 2768
4102-intervention, or clinical treatment, including any licensed 2769
4103-service component described in s. 397.311(26). 2770
4104- t. The home addresses, telephone numbers, dates of birth, 2771
4105-and photographs of current or former directors, managers, 2772
4106-supervisors, and clinical employees of a child advocacy center 2773
4107-that meets the standards of s. 39.3035(2) and fulfills the 2774
4108-screening requirement of s. 39.3035(3), and the members of a 2775
4109-
4110-CS/CS/HB 185 2024
4111-
4112-
4113-
4114-CODING: Words stricken are deletions; words underlined are additions.
4115-hb0185-02-c2
4116-Page 112 of 119
4117-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
4118-
4119-
4120-
4121-Child Protection Team as described in s. 39.303 whose duties 2776
4122-include supporting the investigation of child abuse or sexual 2777
4123-abuse, child abandonment, child neglect, and child exploitation 2778
4124-or to provide services as part of a multidisciplinary case 2779
4125-review team; the names, home addresses, telephone numbers, 2780
4126-photographs, dates of birth, and places of employment of the 2781
4127-spouses and children of such personnel and members; a nd the 2782
4128-names and locations of schools and day care facilities attended 2783
4129-by the children of such personnel and members are exempt from s. 2784
4130-119.07(1) and s. 24(a), Art. I of the State Constitution. 2785
4131- u. The home addresses, telephone numbers, places of 2786
4132-employment, dates of birth, and photographs of current or former 2787
4133-staff and domestic violence advocates, as defined in s. 2788
4134-90.5036(1)(b), of domestic violence centers certified by the 2789
4135-Department of Children and Families under chapter 39; the names, 2790
4136-home addresses, telephone numbers, places of employment, dates 2791
4137-of birth, and photographs of the spouses and children of such 2792
4138-personnel; and the names and locations of schools and day care 2793
4139-facilities attended by the children of such personnel are exempt 2794
4140-from s. 119.07(1) an d s. 24(a), Art. I of the State 2795
4141-Constitution. 2796
4142- v. The home addresses, telephone numbers, dates of birth, 2797
4143-and photographs of current or former inspectors or investigators 2798
4144-of the Department of Agriculture and Consumer Services; the 2799
4145-names, home addresses, te lephone numbers, dates of birth, and 2800
4146-
4147-CS/CS/HB 185 2024
4148-
4149-
4150-
4151-CODING: Words stricken are deletions; words underlined are additions.
4152-hb0185-02-c2
4153-Page 113 of 119
4154-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
4155-
4156-
4157-
4158-places of employment of the spouses and children of current or 2801
4159-former inspectors or investigators; and the names and locations 2802
4160-of schools and day care facilities attended by the children of 2803
4161-current or former inspectors or investigators are exempt from s. 2804
4162-119.07(1) and s. 24(a), Art. I of the State Constitution. This 2805
4163-sub-subparagraph is subject to the Open Government Sunset Review 2806
4164-Act in accordance with s. 119.15 and shall stand repealed on 2807
4165-October 2, 2028, unless reviewe d and saved from repeal through 2808
4166-reenactment by the Legislature. 2809
4167- 3. An agency that is the custodian of the information 2810
4168-specified in subparagraph 2. and that is not the employer of the 2811
4169-officer, employee, justice, judge, or other person specified in 2812
4170-subparagraph 2. must maintain the exempt status of that 2813
4171-information only if the officer, employee, justice, judge, other 2814
4172-person, or employing agency of the designated employee submits a 2815
4173-written and notarized request for maintenance of the exemption 2816
4174-to the custodial agency. The request must state under oath the 2817
4175-statutory basis for the individual's exemption request and 2818
4176-confirm the individual's status as a party eligible for exempt 2819
4177-status. 2820
4178- 4.a. A county property appraiser, as defined in s. 2821
4179-192.001(3), or a county tax collector, as defined in s. 2822
4180-192.001(4), who receives a written and notarized request for 2823
4181-maintenance of the exemption pursuant to subparagraph 3. must 2824
4182-comply by removing the name of the individual with exempt status 2825
4183-
4184-CS/CS/HB 185 2024
4185-
4186-
4187-
4188-CODING: Words stricken are deletions; words underlined are additions.
4189-hb0185-02-c2
4190-Page 114 of 119
4191-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
4192-
4193-
4194-
4195-and the instrument number or Officia l Records book and page 2826
4196-number identifying the property with the exempt status from all 2827
4197-publicly available records maintained by the property appraiser 2828
4198-or tax collector. For written requests received on or before 2829
4199-July 1, 2021, a county property appraiser o r county tax 2830
4200-collector must comply with this sub -subparagraph by October 1, 2831
4201-2021. A county property appraiser or county tax collector may 2832
4202-not remove the street address, legal description, or other 2833
4203-information identifying real property within the agency's 2834
4204-records so long as a name or personal information otherwise 2835
4205-exempt from inspection and copying pursuant to this section is 2836
4206-not associated with the property or otherwise displayed in the 2837
4207-public records of the agency. 2838
4208- b. Any information restricted from publ ic display, 2839
4209-inspection, or copying under sub -subparagraph a. must be 2840
4210-provided to the individual whose information was removed. 2841
4211- 5. An officer, an employee, a justice, a judge, or other 2842
4212-person specified in subparagraph 2. may submit a written request 2843
4213-for the release of his or her exempt information to the 2844
4214-custodial agency. The written request must be notarized and must 2845
4215-specify the information to be released and the party authorized 2846
4216-to receive the information. Upon receipt of the written request, 2847
4217-the custodial agency must release the specified information to 2848
4218-the party authorized to receive such information. 2849
4219- 6. The exemptions in this paragraph apply to information 2850
4220-
4221-CS/CS/HB 185 2024
4222-
4223-
4224-
4225-CODING: Words stricken are deletions; words underlined are additions.
4226-hb0185-02-c2
4227-Page 115 of 119
4228-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
4229-
4230-
4231-
4232-held by an agency before, on, or after the effective date of the 2851
4233-exemption. 2852
4234- 7. Information made exempt under this paragraph may be 2853
4235-disclosed pursuant to s. 28.2221 to a title insurer authorized 2854
4236-pursuant to s. 624.401 and its affiliates as defined in s. 2855
4237-624.10; a title insurance agent or title insurance agency as 2856
4238-defined in s. 626.841(1) or (2), re spectively; or an attorney 2857
4239-duly admitted to practice law in this state and in good standing 2858
4240-with The Florida Bar. 2859
4241- 8. The exempt status of a home address contained in the 2860
4242-Official Records is maintained only during the period when a 2861
4243-protected party resides at the dwelling location. Upon 2862
4244-conveyance of real property after October 1, 2021, and when such 2863
4245-real property no longer constitutes a protected party's home 2864
4246-address as defined in sub -subparagraph 1.a., the protected party 2865
4247-must submit a written request to release the removed information 2866
4248-to the county recorder. The written request to release the 2867
4249-removed information must be notarized, must confirm that a 2868
4250-protected party's request for release is pursuant to a 2869
4251-conveyance of his or her dwelling location, and mus t specify the 2870
4252-Official Records book and page, instrument number, or clerk's 2871
4253-file number for each document containing the information to be 2872
4254-released. 2873
4255- 9. Upon the death of a protected party as verified by a 2874
4256-certified copy of a death certificate or court or der, any party 2875
4257-
4258-CS/CS/HB 185 2024
4259-
4260-
4261-
4262-CODING: Words stricken are deletions; words underlined are additions.
4263-hb0185-02-c2
4264-Page 116 of 119
4265-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
4266-
4267-
4268-
4269-can request the county recorder to release a protected 2876
4270-decedent's removed information unless there is a related request 2877
4271-on file with the county recorder for continued removal of the 2878
4272-decedent's information or unless such removal is otherwise 2879
4273-prohibited by statute or by court order. The written request to 2880
4274-release the removed information upon the death of a protected 2881
4275-party must attach the certified copy of a death certificate or 2882
4276-court order and must be notarized, must confirm the request for 2883
4277-release is due to the death of a protected party, and must 2884
4278-specify the Official Records book and page number, instrument 2885
4279-number, or clerk's file number for each document containing the 2886
4280-information to be released. A fee may not be charged for the 2887
4281-release of any document pursuant to such request. 2888
4282- 10. Except as otherwise expressly provided in this 2889
4283-paragraph, this paragraph is subject to the Open Government 2890
4284-Sunset Review Act in accordance with s. 119.15 and shall stand 2891
4285-repealed on October 2, 2024, unless reviewe d and saved from 2892
4286-repeal through reenactment by the Legislature. 2893
4287- Section 54. Subsection (4) of section 322.09, Florida 2894
4288-Statutes, is amended to read: 2895
4289- 322.09 Application of minors; responsibility for 2896
4290-negligence or misconduct of minor. — 2897
4291- (4) Notwithstanding subsections (1) and (2), if a 2898
4292-caregiver of a minor who is under the age of 18 years and is in 2899
4293-out-of-home care as defined in s. 39.01 s. 39.01(55), an 2900
4294-
4295-CS/CS/HB 185 2024
4296-
4297-
4298-
4299-CODING: Words stricken are deletions; words underlined are additions.
4300-hb0185-02-c2
4301-Page 117 of 119
4302-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
4303-
4304-
4305-
4306-authorized representative of a residential group home at which 2901
4307-such a minor resides, the caseworker at the agency at which the 2902
4308-state has placed the minor, or a guardian ad litem specifically 2903
4309-authorized by the minor's caregiver to sign for a learner's 2904
4310-driver license signs the minor's application for a learner's 2905
4311-driver license, that caregiver, group home r epresentative, 2906
4312-caseworker, or guardian ad litem does not assume any obligation 2907
4313-or become liable for any damages caused by the negligence or 2908
4314-willful misconduct of the minor by reason of having signed the 2909
4315-application. Before signing the application, the case worker, 2910
4316-authorized group home representative, or guardian ad litem shall 2911
4317-notify the caregiver or other responsible party of his or her 2912
4318-intent to sign and verify the application. 2913
4319- Section 55. Paragraph (p) of subsection (4) of section 2914
4320-394.495, Florida Statutes, is amended to read: 2915
4321- 394.495 Child and adolescent mental health system of care; 2916
4322-programs and services. — 2917
4323- (4) The array of services may include, but is not limited 2918
4324-to: 2919
4325- (p) Trauma-informed services for children who have 2920
4326-suffered sexual exploitati on as defined in s. 39.01(80)(g) s. 2921
4327-39.01(77)(g). 2922
4328- Section 56. Section 627.746, Florida Statutes, is amended 2923
4329-to read: 2924
4330- 627.746 Coverage for minors who have a learner's driver 2925
4331-
4332-CS/CS/HB 185 2024
4333-
4334-
4335-
4336-CODING: Words stricken are deletions; words underlined are additions.
4337-hb0185-02-c2
4338-Page 118 of 119
4339-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
4340-
4341-
4342-
4343-license; additional premium prohibited. —An insurer that issues 2926
4344-an insurance policy on a private passenger motor vehicle to a 2927
4345-named insured who is a caregiver of a minor who is under the age 2928
4346-of 18 years and is in out -of-home care as defined in s. 39.01 s. 2929
4347-39.01(55) may not charge an additional premium for coverage of 2930
4348-the minor while the minor is operating the insured vehicle, for 2931
4349-the period of time that the minor has a learner's driver 2932
4350-license, until such time as the minor obtains a driver license. 2933
4351- Section 57. Paragraph (c) of subsection (1) of section 2934
4352-934.255, Florida Statutes, is amended to read: 2935
4353- 934.255 Subpoenas in investigations of sexual offenses. — 2936
4354- (1) As used in this section, the term: 2937
4355- (c) "Sexual abuse of a child" means a criminal offense 2938
4356-based on any conduct described in s. 39.01(80) s. 39.01(77). 2939
4357- Section 58. Subsection (5) of section 960.065, Florida 2940
4358-Statutes, is amended to read: 2941
4359- 960.065 Eligibility for awards. — 2942
4360- (5) A person is not ineligible for an award pursuant to 2943
4361-paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2944
4362-person is a victim of sexual exploitation of a child as defined 2945
4363-in s. 39.01(80)(g) s. 39.01(77)(g). 2946
4364- Section 59. The Division of Law Revision is requested to 2947
4365-prepare a reviser's bill for the 2025 Regular Session of the 2948
4366-Legislature to substitute the term "Statewide Guardian Ad Litem 2949
4367-Office" for the term "Guardian Ad Litem Program" or "Statewide 2950
4368-
4369-CS/CS/HB 185 2024
4370-
4371-
4372-
4373-CODING: Words stricken are deletions; words underlined are additions.
4374-hb0185-02-c2
4375-Page 119 of 119
4376-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
4377-
4378-
4379-
4380-Guardian Ad Litem Program" throughout the Florida Statutes. 2951
4381- Section 60. This act shall take effect July 1, 2024. 2952
32+secure certain services and benefits; authorizing the 19
33+court to appoint an attorney ad litem for a child 20
34+after it makes certain determinations; authorizing an 21
35+attorney ad litem to represent a child in other 22
36+proceedings to secure certain services and benefits; 23
37+amending s. 39.01305, F.S.; revising legislative 24
38+findings; revising provisions relating to the 25
39+
40+CS/HB 185 2024
41+
42+
43+
44+CODING: Words stricken are deletions; words underlined are additions.
45+hb0185-01-c1
46+Page 2 of 127
47+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
48+
49+
50+
51+appointment of an attorney for certain children; 26
52+authorizing the court to appoint an attorney ad litem 27
53+after making certain determinations; providing 28
54+requirements for the appointment and discharge of an 29
55+attorney ad litem; authorizing an attorney ad litem to 30
56+represent a child in other proceedings to secure 31
57+certain services and benefits; conforming provisions 32
58+to changes made by the act; providing applicability; 33
59+amending s. 39.0132, F.S.; authorizing a child's 34
60+attorney ad litem to inspect certain records; amending 35
61+s. 39.0136, F.S.; revising the parties who may request 36
62+a continuance in a proceeding; amending s. 39.01375, 37
63+F.S.; conforming provisions to changes made by the 38
64+act; amending s. 39.0139, F.S.; conforming provisions 39
65+to changes made by the act; amending s. 39.202, F.S.; 40
66+requiring that certain confidential records be 41
67+released to the guardian ad litem and attorney ad 42
68+litem; conforming a cross -reference; amending s. 43
69+39.402, F.S.; requiring parents to consent to provide 44
70+certain information to the guardian ad litem and 45
71+attorney ad litem; conforming provisions to changes 46
72+made by the act; amending s. 39.4022, F.S.; revising 47
73+the participants who must be invited to a 48
74+multidisciplinary team staffing; amending s. 39.4023, 49
75+F.S.; requiring notice of a multidisciplinary team 50
76+
77+CS/HB 185 2024
78+
79+
80+
81+CODING: Words stricken are deletions; words underlined are additions.
82+hb0185-01-c1
83+Page 3 of 127
84+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
85+
86+
87+
88+staffing be provided to a child's guardian ad litem 51
89+and attorney ad litem; conforming provisions to 52
90+changes made by the act; amending s. 39.407, F.S.; 53
91+conforming provisions to changes made by the act; 54
92+amending s. 39.4085, F.S.; providing a goal of 55
93+permanency; conforming provisions to changes made by 56
94+the act; amending ss. 39.502 and 39.522, F.S.; 57
95+conforming provisions to changes made by the act; 58
96+amending s. 39.6012, F.S.; requiring a case plan to 59
97+include written descriptions of certain activities; 60
98+conforming a cross-reference; creating s. 39.6036, 61
99+F.S.; providing legislative findings and intent; 62
100+requiring the Statewide Guardian ad Litem Office to 63
101+work with certain children to identify a supportive 64
102+adult to enter into a specified agreement; requiring 65
103+such agreement be documented in the child's court 66
104+file; requiring the office to coordinate with the 67
105+Office of Continuing Care for a specified purpose; 68
106+amending s. 39.621, F.S.; conforming provisions to 69
107+changes made by the act; amending s. 39.6241, F.S.; 70
108+requiring a guardian ad litem to advise the court 71
109+regarding certain inf ormation and to ensure a certain 72
110+agreement has been documented in the child's court 73
111+file; amending s. 39.701, F.S.; requiring certain 74
112+notice be given to an attorney ad litem; requiring a 75
113+
114+CS/HB 185 2024
115+
116+
117+
118+CODING: Words stricken are deletions; words underlined are additions.
119+hb0185-01-c1
120+Page 4 of 127
121+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
122+
123+
124+
125+court to give a guardian ad litem an opportunity to 76
126+address the court in certain proceedings; requiring 77
127+the court to inquire and determine if a child has a 78
128+certain agreement documented in his or her court file 79
129+at a specified hearing; conforming provisions to 80
130+changes made by the act; amending s. 39.801, F.S.; 81
131+conforming provisions to changes made by the act; 82
132+amending s. 39.807, F.S.; requiring a court to appoint 83
133+a guardian ad litem to represent a child; revising a 84
134+guardian ad litem's responsibilities and authorities; 85
135+deleting provisions relating to bonds and service of 86
136+pleadings or papers; amending s. 39.808, F.S.; 87
137+conforming provisions to changes made by the act; 88
138+amending s. 39.815, F.S.; conforming provisions to 89
139+changes made by the act; repealing s. 39.820, F.S., 90
140+relating to definitions of the terms "guardian ad 91
141+litem" and "guardian advocate"; amending s. 39.821, 92
142+F.S.; conforming provisions to changes made by the 93
143+act; amending s. 39.822, F.S.; providing that a 94
144+guardian ad litem is a fiduciary and must provide 95
145+independent representation to a child; revising 96
146+responsibilities of a guardian ad litem; requiring 97
147+that guardians ad litem have certain access to the 98
148+children the guardians ad litem represent; providing 99
149+actions that a guardian ad litem does or does not have 100
150+
151+CS/HB 185 2024
152+
153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb0185-01-c1
157+Page 5 of 127
158+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
159+
160+
161+
162+to fulfill; amending s. 39.827, F.S.; authorizing a 101
163+child's guardian ad litem and attorney ad litem to 102
164+inspect certain records; amending s. 39.8296, F.S.; 103
165+revising the duties and appointment of the executive 104
166+director of the Statewide Guardian ad Litem Office; 105
167+requiring the training program for guardians ad litem 106
168+to be updated regularly; requiring the office to 107
169+provide oversight and technical assistance to 108
170+attorneys ad litem; specifying certain requirements of 109
171+the office; amending s. 39.8297, F.S.; conforming 110
172+provisions to changes made by the act; amending s. 111
173+39.8298, F.S.; authorizing the executive director of 112
174+the Statewide Guardian ad Litem Office to create or 113
175+designate local direct -support organizations; 114
176+providing responsibilities for the executive director 115
177+of the office; requiring that certain moneys be held 116
178+in a separate depository account; conforming 117
179+provisions to changes made by the act; amending s. 118
180+414.56, F.S.; requiring the Office of Continuing Care 119
181+to work in coordination with the Statewide Guardian ad 120
182+Litem Office for a specified purpose; creating s. 121
183+1009.898, F.S.; authorizing the Pathway to Prosperity 122
184+program to provide certain grants to youth and young 123
185+adults who are aging out of foster care; requiring 124
186+grants to extend for a certain period of time after a 125
187+
188+CS/HB 185 2024
189+
190+
191+
192+CODING: Words stricken are deletions; words underlined are additions.
193+hb0185-01-c1
194+Page 6 of 127
195+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
196+
197+
198+
199+recipient is reunited with his or her parents; 126
200+amending ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 127
201+110.205, 320.08058, 943.053, 985.43, 985.441, 985.455, 128
202+985.461, and 985.48, F.S.; conforming provisions to 129
203+changes made by the act; amending ss. 39.302, 39.521, 130
204+61.13, 119.071, 322.09, 394.495, 627.746, 934.255, and 131
205+960.065, F.S.; conforming cross -references; providing 132
206+a directive to the Division of Law Revision; providing 133
207+an effective date; 134
208+ 135
209+Be It Enacted by the Legislature of the State of Florida: 136
210+ 137
211+ Section 1. Paragraph (j) of subsection (1), paragraph (j ) 138
212+of subsection (3), and paragraph (a) of subsection (10) of 139
213+section 39.001, Florida Statutes, are amended to read: 140
214+ 39.001 Purposes and intent; personnel standards and 141
215+screening.— 142
216+ (1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 143
217+ (j) To ensure that, when reunification or adoption is not 144
218+possible, the child will be prepared for alternative permanency 145
219+goals or placements, to include, but not be limited to, long -146
220+term foster care, independent living, custody to a relative on a 147
221+permanent basis with or without legal guardianship, or custody 148
222+to a foster parent or legal custodian on a permanent basis with 149
223+or without legal guardianship. Permanency for a child who is 150
224+
225+CS/HB 185 2024
226+
227+
228+
229+CODING: Words stricken are deletions; words underlined are additions.
230+hb0185-01-c1
231+Page 7 of 127
232+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
233+
234+
235+
236+transitioning from foster care to independent living includes 151
237+naturally occurring, life long, kin-like connections between the 152
238+child and a supportive adult. 153
239+ (3) GENERAL PROTECTIONS FOR CHILDREN. —It is a purpose of 154
240+the Legislature that the children of this state be provided with 155
241+the following protections: 156
242+ (j) The ability to contact their g uardian ad litem and or 157
243+attorney ad litem, if one is appointed, by having that 158
244+individual's name entered on all orders of the court. 159
245+ (10) PLAN FOR COMPREHENSIVE APPROACH. — 160
246+ (a) The office shall develop a state plan for the 161
247+promotion of adoption, support of adoptive families, and 162
248+prevention of abuse, abandonment, and neglect of children. The 163
249+Department of Children and Families, the Department of 164
250+Corrections, the Department of Education, the Department of 165
251+Health, the Department of Juvenile Justice, the Dep artment of 166
252+Law Enforcement, the Statewide Guardian ad Litem Office, and the 167
253+Agency for Persons with Disabilities shall participate and fully 168
254+cooperate in the development of the state plan at both the state 169
255+and local levels. Furthermore, appropriate local a gencies and 170
256+organizations shall be provided an opportunity to participate in 171
257+the development of the state plan at the local level. 172
258+Appropriate local groups and organizations shall include, but 173
259+not be limited to, community mental health centers; circuit 174
260+guardian ad litem offices programs for children under the 175
261+
262+CS/HB 185 2024
263+
264+
265+
266+CODING: Words stricken are deletions; words underlined are additions.
267+hb0185-01-c1
268+Page 8 of 127
269+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
270+
271+
272+
273+circuit court; the school boards of the local school districts; 176
274+the Florida local advocacy councils; community -based care lead 177
275+agencies; private or public organizations or programs with 178
276+recognized expertise in working with child abuse prevention 179
277+programs for children and families; private or public 180
278+organizations or programs with recognized expertise in working 181
279+with children who are sexually abused, physically abused, 182
280+emotionally abused, abandoned, or ne glected and with expertise 183
281+in working with the families of such children; private or public 184
282+programs or organizations with expertise in maternal and infant 185
283+health care; multidisciplinary Child Protection Teams; child day 186
284+care centers; law enforcement agenc ies; and the circuit courts , 187
285+when guardian ad litem programs are not available in the local 188
286+area. The state plan to be provided to the Legislature and the 189
287+Governor shall include, as a minimum, the information required 190
288+of the various groups in paragraph (b) . 191
289+ Section 2. Subsection (2) of section 39.00145, Florida 192
290+Statutes, is amended to read: 193
291+ 39.00145 Records concerning children. — 194
292+ (2) Notwithstanding any other provision of this chapter, 195
293+all records in a child's case record must be made available for 196
294+inspection, upon request, to the child who is the subject of the 197
295+case record and to the child's caregiver, guardian ad litem, or 198
296+attorney ad litem, if one is appointed . 199
297+ (a) A complete and accurate copy of any record in a 200
298+
299+CS/HB 185 2024
300+
301+
302+
303+CODING: Words stricken are deletions; words underlined are additions.
304+hb0185-01-c1
305+Page 9 of 127
306+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
307+
308+
309+
310+child's case record must be provid ed, upon request and at no 201
311+cost, to the child who is the subject of the case record and to 202
312+the child's caregiver, guardian ad litem, or attorney ad litem, 203
313+if one is appointed. 204
314+ (b) The department shall release the information in a 205
315+manner and setting that are appropriate to the age and maturity 206
316+of the child and the nature of the information being released, 207
317+which may include the release of information in a therapeutic 208
318+setting, if appropriate. This paragraph does not deny the child 209
319+access to his or her record s. 210
320+ (c) If a child or the child's caregiver, guardian ad 211
321+litem, or attorney ad litem, if one is appointed, requests 212
322+access to the child's case record, any person or entity that 213
323+fails to provide any record in the case record under assertion 214
324+of a claim of exemption from the public records requirements of 215
325+chapter 119, or fails to provide access within a reasonabl e 216
326+time, is subject to sanctions and penalties under s. 119.10. 217
327+ (d) For the purposes of this subsection, the term 218
328+"caregiver" is limited to parents, legal custodians, permanent 219
329+guardians, or foster parents; employees of a residential home, 220
330+institution, facility, or agency at which the child resides; and 221
331+other individuals legally responsible for a child's welfare in a 222
332+residential setting. 223
333+ Section 3. Paragraph (a) of subsection (2) of section 224
334+39.00146, Florida Statutes, is amended to read: 225
335+
336+CS/HB 185 2024
337+
338+
339+
340+CODING: Words stricken are deletions; words underlined are additions.
341+hb0185-01-c1
342+Page 10 of 127
343+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
344+
345+
346+
347+ 39.00146 Case record face sheet. — 226
348+ (2) The case record of every child under the supervision 227
349+or in the custody of the department or the department's 228
350+authorized agents, including community -based care lead agencies 229
351+and their subcontracted providers, must include a face sheet 230
352+containing relevant information about the child and his or her 231
353+case, including at least all of the following: 232
354+ (a) General case information, including, but not limited 233
355+to, all of the following : 234
356+ 1. The child's name and date of birth .; 235
357+ 2. The current county of residence and the county of 236
358+residence at the time of the referral .; 237
359+ 3. The reason for the referral and any family safety 238
360+concerns.; 239
361+ 4. The personal identifying information of the parents or 240
362+legal custodians who had custody of the child at the time of the 241
363+referral, including name, date of birth, and county of 242
364+residence.; 243
365+ 5. The date of removal from the home .; and 244
366+ 6. The name and contact information of the attorney or 245
367+attorneys assigned to the case in all capacities, including the 246
368+attorney or attorneys that represent the department and the 247
369+parents, and the guardian ad litem , if one has been appointed . 248
370+ Section 4. Paragraph (b) of subsection (2) and paragraph 249
371+(b) of subsection (3) of section 39.0016, Florida Statutes, are 250
372+
373+CS/HB 185 2024
374+
375+
376+
377+CODING: Words stricken are deletions; words underlined are additions.
378+hb0185-01-c1
379+Page 11 of 127
380+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
381+
382+
383+
384+amended to read: 251
385+ 39.0016 Education of abused, neglected, and abandoned 252
386+children; agency agreements; children having or suspected of 253
387+having a disability. — 254
388+ (2) AGENCY AGREEMENTS. — 255
389+ (b) The department shall enter into agreements with 256
390+district school boards or other lo cal educational entities 257
391+regarding education and related services for children known to 258
392+the department who are of school age and children known to the 259
393+department who are younger than school age but who would 260
394+otherwise qualify for services from the district school board. 261
395+Such agreements must shall include, but are not limited to: 262
396+ 1. A requirement that the department shall: 263
397+ a. Ensure that children known to the department are 264
398+enrolled in school or in the best educational setting that meets 265
399+the needs of the child. The agreement must shall provide for 266
400+continuing the enrollment of a child known to the department at 267
401+the school of origin when possible if it is in the best interest 268
402+of the child, with the goal of minimal disruption of education. 269
403+ b. Notify the school and school district in which a child 270
404+known to the department is enrolled of the name and phone number 271
405+of the child known to the department caregiver and caseworker 272
406+for child safety purposes. 273
407+ c. Establish a protocol for the department to share 274
408+information about a child known to the department with the 275
409+
410+CS/HB 185 2024
411+
412+
413+
414+CODING: Words stricken are deletions; words underlined are additions.
415+hb0185-01-c1
416+Page 12 of 127
417+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
418+
419+
420+
421+school district, consistent with the Family Educational Rights 276
422+and Privacy Act, since the sharing of information will assist 277
423+each agency in obtaining education and related services for the 278
424+benefit of the child. The protocol must require the district 279
425+school boards or other local educational entities to access the 280
426+department's Florida Safe Families Network to obtain information 281
427+about children known to the department, consistent with the 282
428+Family Educational R ights and Privacy Act (FERPA), 20 U.S.C. s. 283
429+1232g. 284
430+ d. Notify the school district of the department's case 285
431+planning for a child known to the department, both at the time 286
432+of plan development and plan review. Within the plan development 287
433+or review process, t he school district may provide information 288
434+regarding the child known to the department if the school 289
435+district deems it desirable and appropriate. 290
436+ e. Show no prejudice against a caregiver who desires to 291
437+educate at home a child placed in his or her home th rough the 292
438+child welfare system. 293
439+ 2. A requirement that the district school board shall: 294
440+ a. Provide the department with a general listing of the 295
441+services and information available from the district school 296
442+board to facilitate educational access for a chil d known to the 297
443+department. 298
444+ b. Identify all educational and other services provided by 299
445+the school and school district which the school district 300
446+
447+CS/HB 185 2024
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450+
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454+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
455+
456+
457+
458+believes are reasonably necessary to meet the educational needs 301
459+of a child known to the department. 302
460+ c. Determine whether transportation is available for a 303
461+child known to the department when such transportation will 304
462+avoid a change in school assignment due to a change in 305
463+residential placement. Recognizing that continued enrollment in 306
464+the same school throughout the time the child known to the 307
465+department is in out -of-home care is preferable unless 308
466+enrollment in the same school would be unsafe or otherwise 309
467+impractical, the department, the district school board, and the 310
468+Department of Education shall assess the availabil ity of 311
469+federal, charitable, or grant funding for such transportation. 312
470+ d. Provide individualized student intervention or an 313
471+individual educational plan when a determination has been made 314
472+through legally appropriate criteria that intervention services 315
473+are required. The intervention or individual educational plan 316
474+must include strategies to enable the child known to the 317
475+department to maximize the attainment of educational goals. 318
476+ 3. A requirement that the department and the district 319
477+school board shall cooper ate in accessing the services and 320
478+supports needed for a child known to the department who has or 321
479+is suspected of having a disability to receive an appropriate 322
480+education consistent with the Individuals with Disabilities 323
481+Education Act and state implementing laws, rules, and 324
482+assurances. Coordination of services for a child known to the 325
483+
484+CS/HB 185 2024
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491+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
492+
493+
494+
495+department who has or is suspected of having a disability may 326
496+include: 327
497+ a. Referral for screening. 328
498+ b. Sharing of evaluations between the school district and 329
499+the department where appropriate. 330
500+ c. Provision of education and related services appropriate 331
501+for the needs and abilities of the child known to the 332
502+department. 333
503+ d. Coordination of services and plans between the school 334
504+and the residential setting to avoid duplication or conflicting 335
505+service plans. 336
506+ e. Appointment of a surrogate parent, consistent with the 337
507+Individuals with Disabilities Education Act and pursuant to 338
508+subsection (3), for educational purposes for a child known to 339
509+the department who qualifies. 340
510+ f. For each child known to the department 14 years of age 341
511+and older, transition planning by the department and all 342
512+providers, including the department's independent living program 343
513+staff and the guardian ad litem of the child , to meet the 344
514+requirements of the local school district for educational 345
515+purposes. 346
516+ (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY. — 347
517+ (b)1. Each district school superintendent or dependency 348
518+court must appoint a surrogate parent for a child known to the 349
519+department who has or is suspected of h aving a disability, as 350
520+
521+CS/HB 185 2024
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524+
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526+hb0185-01-c1
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528+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
529+
530+
531+
532+defined in s. 1003.01(9), when: 351
533+ a. After reasonable efforts, no parent can be located; or 352
534+ b. A court of competent jurisdiction over a child under 353
535+this chapter has determined that no person has the authority 354
536+under the Individuals with Disabilities Education Act, including 355
537+the parent or parents subject to the dependency action, or that 356
538+no person has the authority, willingness, or ability to serve as 357
539+the educational decisionmaker for the child without judicial 358
540+action. 359
541+ 2. A surrogate parent appointed by the district school 360
542+superintendent or the court must be at least 18 years old and 361
543+have no personal or professional interest that conflicts with 362
544+the interests of the student to be represented. Neither the 363
545+district school superintendent nor the court may appoint an 364
546+employee of the Department of Education, the local school 365
547+district, a community -based care provider, the Department of 366
548+Children and Families, or any other public or private agency 367
549+involved in the education or care of the child as appointment of 368
550+those persons is prohibited by federal law. This prohibition 369
551+includes group home staff and therapeutic foster parents. 370
552+However, a person who acts in a parental role to a child, such 371
553+as a foster parent or relative caregiver, is not prohib ited from 372
554+serving as a surrogate parent if he or she is employed by such 373
555+agency, willing to serve, and knowledgeable about the child and 374
556+the exceptional student education process. The surrogate parent 375
557+
558+CS/HB 185 2024
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560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
563+hb0185-01-c1
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565+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
566+
567+
568+
569+may be a court-appointed guardian ad litem or a relativ e or 376
570+nonrelative adult who is involved in the child's life regardless 377
571+of whether that person has physical custody of the child. Each 378
572+person appointed as a surrogate parent must have the knowledge 379
573+and skills acquired by successfully completing training usin g 380
574+materials developed and approved by the Department of Education 381
575+to ensure adequate representation of the child. 382
576+ 3. If a guardian ad litem has been appointed for a child, 383
577+The district school superintendent must first consider the 384
578+child's guardian ad lit em when appointing a surrogate parent. 385
579+The district school superintendent must accept the appointment 386
580+of the court if he or she has not previously appointed a 387
581+surrogate parent. Similarly, the court must accept a surrogate 388
582+parent duly appointed by a distric t school superintendent. 389
583+ 4. A surrogate parent appointed by the district school 390
584+superintendent or the court must be accepted by any subsequent 391
585+school or school district without regard to where the child is 392
586+receiving residential care so that a single surr ogate parent can 393
587+follow the education of the child during his or her entire time 394
588+in state custody. Nothing in this paragraph or in rule shall 395
589+limit or prohibit the continuance of a surrogate parent 396
590+appointment when the responsibility for the student's 397
591+educational placement moves among and between public and private 398
592+agencies. 399
593+ 5. For a child known to the department, the responsibility 400
594+
595+CS/HB 185 2024
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600+hb0185-01-c1
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602+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
603+
604+
605+
606+to appoint a surrogate parent resides with both the district 401
607+school superintendent and the court with jurisdiction over the 402
608+child. If the court elects to appoint a surrogate parent, notice 403
609+shall be provided as soon as practicable to the child's school. 404
610+At any time the court determines that it is in the best 405
611+interests of a child to remove a surrogate parent, the court may 406
612+appoint a new surrogate parent for educational decisionmaking 407
613+purposes for that child. 408
614+ 6. The surrogate parent shall continue in the appointed 409
615+role until one of the following occurs: 410
616+ a. The child is determined to no longer be eligible or in 411
617+need of special programs, except when termination of special 412
618+programs is being contested. 413
619+ b. The child achieves permanency through adoption or legal 414
620+guardianship and is no longer in the custody of the department. 415
621+ c. The parent who was previously unknown becomes known, 416
622+whose whereabouts were unknown is located, or who was 417
623+unavailable is determined by the court to be available. 418
624+ d. The appointed surrogate no longer wishes to represent 419
625+the child or is unable to represent the child. 420
626+ e. The superintendent of the school di strict in which the 421
627+child is attending school, the Department of Education contract 422
628+designee, or the court that appointed the surrogate determines 423
629+that the appointed surrogate parent no longer adequately 424
630+represents the child. 425
631+
632+CS/HB 185 2024
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634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb0185-01-c1
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639+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
640+
641+
642+
643+ f. The child moves to a geog raphic location that is not 426
644+reasonably accessible to the appointed surrogate. 427
645+ 7. The appointment and termination of appointment of a 428
646+surrogate under this paragraph shall be entered as an order of 429
647+the court with a copy of the order provided to the child's 430
648+school as soon as practicable. 431
649+ 8. The person appointed as a surrogate parent under this 432
650+paragraph must: 433
651+ a. Be acquainted with the child and become knowledgeable 434
652+about his or her disability and educational needs. 435
653+ b. Represent the child in all matters relating to 436
654+identification, evaluation, and educational placement and the 437
655+provision of a free and appropriate education to the child. 438
656+ c. Represent the interests and safeguard the rights of the 439
657+child in educational decisions that affect the child. 440
658+ 9. The responsibilities of the person appointed as a 441
659+surrogate parent shall not extend to the care, maintenance, 442
660+custody, residential placement, or any other area not 443
661+specifically related to the education of the child, unless the 444
662+same person is appointed by th e court for such other purposes. 445
663+ 10. A person appointed as a surrogate parent shall enjoy 446
664+all of the procedural safeguards afforded a parent with respect 447
665+to the identification, evaluation, and educational placement of 448
666+a student with a disability or a stu dent who is suspected of 449
667+having a disability. 450
668+
669+CS/HB 185 2024
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671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb0185-01-c1
675+Page 19 of 127
676+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
677+
678+
679+
680+ 11. A person appointed as a surrogate parent shall not be 451
681+held liable for actions taken in good faith on behalf of the 452
682+student in protecting the special education rights of the child. 453
683+ Section 5. Subsectio ns (8) through (30) and (31) through 454
684+(87) of section 39.01, Florida Statutes, are renumbered as 455
685+subsections (9) through (31) and (34) through (90), 456
686+respectively, present subsections (9), (36), and (58) are 457
687+amended, and new subsections (8), (32), and (33) a re added to 458
688+that section, to read: 459
689+ 39.01 Definitions.—When used in this chapter, unless the 460
690+context otherwise requires: 461
691+ (8) "Attorney ad litem" means an attorney appointed by the 462
692+court to represent a child in a dependency case who has an 463
693+attorney-client relationship with the child under the rules 464
694+regulating The Florida Bar. 465
695+ (10)(9) "Caregiver" means the parent, legal custodian, 466
696+permanent guardian, adult household member, or other person 467
697+responsible for a child's welfare as defined in sub section 468
698+(57)(54). 469
699+ (32) "Guardian ad litem" means a person or an entity that 470
700+is a fiduciary appointed by the court to represent a child in 471
701+any civil, criminal, or administrative proceeding to which the 472
702+child is a party, including, but not limited to, unde r this 473
703+chapter, which uses a best interest standard for decisionmaking 474
704+and advocacy. For purposes of this chapter, the term includes, 475
705+
706+CS/HB 185 2024
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708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
711+hb0185-01-c1
712+Page 20 of 127
713+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
714+
715+
716+
717+but is not limited to, the Statewide Guardian ad Litem Office, 476
718+which includes all circuit guardian ad litem offices and th e 477
719+duly certified volunteers, staff, and attorneys assigned by the 478
720+Statewide Guardian ad Litem Office to represent children; a 479
721+court-appointed attorney; or a responsible adult who is 480
722+appointed by the court. A guardian ad litem is a party to the 481
723+judicial proceeding as a representative of the child and serves 482
724+until the jurisdiction of the court over the child terminates or 483
725+until excused by the court. 484
726+ (33) "Guardian advocate" means a person appointed by the 485
727+court to act on behalf of a drug -dependent newborn under part XI 486
728+of this chapter. 487
729+ (39)(36) "Institutional child abuse or neglect" means 488
730+situations of known or suspected child abuse or neglect in which 489
731+the person allegedly perpetrating the child abuse or neglect is 490
732+an employee of a public or private school , public or private day 491
733+care center, residential home, institution, facility, or agency 492
734+or any other person at such institution responsible for the 493
735+child's welfare as defined in subsection (57)(54). 494
736+ (61)(58) "Party" means the parent or parents of the child, 495
737+the petitioner, the department, the guardian ad litem or the 496
738+representative of the guardian ad litem program when the program 497
739+has been appointed, and the child. The presence of the child may 498
740+be excused by order of the court when presence would not be in 499
741+the child's best interest. Notice to the child may be excused by 500
742+
743+CS/HB 185 2024
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745+
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750+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
751+
752+
753+
754+order of the court when the age, capacity, or other condition of 501
755+the child is such that the notice would be meaningless or 502
756+detrimental to the child. 503
757+ Section 6. Subsection (11) of section 39.013, Florida 504
758+Statutes, is amended and subsection (14) is added to that 505
759+section, to read: 506
760+ 39.013 Procedures and jurisdiction; right to counsel ; 507
761+guardian ad litem and attorney ad litem .— 508
762+ (11) The court shall appoint a guardian ad litem at the 509
763+earliest possible time to represent a child throughout the 510
764+proceedings, including any appeals. The guardian ad litem may 511
765+represent the child in proceedings outside of the dependency 512
766+case to secure the services and benefits that provide for the 513
767+care, safety, and protection of the child encourage the 514
768+Statewide Guardian Ad Litem Office to provide greater 515
769+representation to those children who are within 1 year of 516
770+transferring out of foster care . 517
771+ (14) The court may appo int an attorney ad litem for a 518
772+child if the court believes the child is in need of such 519
773+representation and determines that the child has a rational and 520
774+factual understanding of the proceedings and sufficient present 521
775+ability to consult with an attorney with a reasonable degree of 522
776+rational understanding. The attorney ad litem may represent the 523
777+child in proceedings outside of the dependency case to secure 524
778+services and benefits that provide for the care, safety, and 525
779+
780+CS/HB 185 2024
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787+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
788+
789+
790+
791+protection of the child. 526
792+ Section 7. Section 39.01305, Florida Statutes, is amended 527
793+to read: 528
794+ 39.01305 Appointment of an attorney ad litem for a 529
795+dependent child with certain special needs .— 530
796+ (1)(a) The Legislature finds that : 531
797+ 1. all children in proceedings under this chapter have 532
798+important interests at stake, such as health, safety, and well -533
799+being and the need to obtain permanency. While such children are 534
800+represented by the Statewide Guardian ad Litem Office using a 535
801+best interest standard of decisionmaking and advocacy, some 536
802+children may also need representation by an attorney ad litem in 537
803+proceedings under this chapter. 538
804+ (2) The court may appoint an attorney ad litem for a child 539
805+if the court believes the child is in need of such 540
806+representation and determines that the child has a rational and 541
807+factual understanding of the proceedings and sufficient present 542
808+ability to consult with an attorney with a reasonable degree of 543
809+rational understanding. 544
810+ 2. A dependent child who has certain special needs has a 545
811+particular need for an attorney to represent th e dependent child 546
812+in proceedings under this chapter, as well as in fair hearings 547
813+and appellate proceedings, so that the attorney may address the 548
814+child's medical and related needs and the services and supports 549
815+necessary for the child to live successfully in the community. 550
816+
817+CS/HB 185 2024
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824+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
825+
826+
827+
828+ (b) The Legislature recognizes the existence of 551
829+organizations that provide attorney representation to children 552
830+in certain jurisdictions throughout the state. Further, the 553
831+statewide Guardian Ad Litem Program provides best interest 554
832+representation for dependent children in every jurisdiction in 555
833+accordance with state and federal law. The Legislature, 556
834+therefore, does not intend that funding provided for 557
835+representation under this section supplant proven and existing 558
836+organizations representing ch ildren. Instead, the Legislature 559
837+intends that funding provided for representation under this 560
838+section be an additional resource for the representation of more 561
839+children in these jurisdictions, to the extent necessary to meet 562
840+the requirements of this chapter, with the cooperation of 563
841+existing local organizations or through the expansion of those 564
842+organizations. The Legislature encourages the expansion of pro 565
843+bono representation for children. This section is not intended 566
844+to limit the ability of a pro bono attorne y to appear on behalf 567
845+of a child. 568
846+ (2) As used in this section, the term "dependent child" 569
847+means a child who is subject to any proceeding under this 570
848+chapter. The term does not require that a child be adjudicated 571
849+dependent for purposes of this section. 572
850+ (3) An attorney shall be appointed for a dependent child 573
851+who: 574
852+ (a) Resides in a skilled nursing facility or is being 575
853+
854+CS/HB 185 2024
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857+
858+CODING: Words stricken are deletions; words underlined are additions.
859+hb0185-01-c1
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861+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
862+
863+
864+
865+considered for placement in a skilled nursing home; 576
866+ (b) Is prescribed a psychotropic medication but declines 577
867+assent to the psychotropic m edication; 578
868+ (c) Has a diagnosis of a developmental disability as 579
869+defined in s. 393.063; 580
870+ (d) Is being placed in a residential treatment center or 581
871+being considered for placement in a residential treatment 582
872+center; or 583
873+ (e) Is a victim of human trafficking as defined in s. 584
874+787.06(2)(d). 585
875+ (3)(a)(4)(a) Before a court may appoint an attorney ad 586
876+litem, who may be compensated pursuant to this section, the 587
877+court must request a recommendation from the Statewide Guardian 588
878+ad Litem Office for an attorney who is willi ng to represent a 589
879+child without additional compensation. If such an attorney is 590
880+available within 15 days after the court's request, the court 591
881+must appoint that attorney. However, the court may appoint a 592
882+compensated attorney within the 15 -day period if the Statewide 593
883+Guardian ad Litem Office informs the court that the office is 594
884+unable it will not be able to recommend an attorney within that 595
885+time period. 596
886+ (b) A court order appointing After an attorney ad litem 597
887+must be in writing. is appointed, the appointment continues in 598
888+effect until the attorney is allowed to withdraw or is 599
889+discharged by The court must discharge or until the case is 600
890+
891+CS/HB 185 2024
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898+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
899+
900+
901+
902+dismissed. an attorney ad litem who is appointed under this 601
903+section if the need for such representation is resolved. The 602
904+attorney ad litem may represent the child in proceedings outside 603
905+of the dependency case to secure services and benefits that 604
906+provide for the care, safety, and protection of the child to 605
907+represent the child shall provide the complete range of legal 606
908+services, from the removal from home or from the initial 607
909+appointment through all available appellate proceedings . With 608
910+the permission of the court, the attorney ad litem for the 609
911+dependent child may arrange for supplemental or separate counsel 610
912+to represent the child in a ppellate proceedings. A court order 611
913+appointing an attorney under this section must be in writing. 612
914+ (4)(5) Unless the attorney ad litem has agreed to provide 613
915+pro bono services, an appointed attorney ad litem or 614
916+organization must be adequately compensated. All appointed 615
917+attorneys ad litem and organizations, including pro bono 616
918+attorneys, must be provided with access to funding for expert 617
919+witnesses, depositions, and other due process costs of 618
920+litigation. Payment of attorney fees and case -related due 619
921+process costs are subject to appropriations and review by the 620
922+Justice Administrative Commission for reasonableness. The 621
923+Justice Administrative Commission shall contract with attorneys 622
924+ad litem appointed by the court. Attorney fees may not exceed 623
925+$1,000 per child per year. 624
926+ (6) The department shall develop procedures to identify a 625
927+
928+CS/HB 185 2024
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930+
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935+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
936+
937+
938+
939+dependent child who has a special need specified under 626
940+subsection (3) and to request that a court appoint an attorney 627
941+for the child. 628
942+ (7) The department may adopt rules to administer this 629
943+section. 630
944+ (8) This section does not limit the authority of the court 631
945+to appoint an attorney for a dependent child in a proceeding 632
946+under this chapter. 633
947+ (5)(9) Implementation of this section is subject to 634
948+appropriations expressly made for that purpose. 635
949+ Section 8. The amendments made by this act to s. 39.01305, 636
950+Florida Statutes, apply only to attorney ad litem appointments 637
951+made on or after July 1, 2024. 638
952+ Section 9. Subsection (3) of section 39.0132, Fl orida 639
953+Statutes, is amended to read: 640
954+ 39.0132 Oaths, records, and confidential information. — 641
955+ (3) The clerk shall keep all court records required by 642
956+this chapter separate from other records of the circuit court. 643
957+All court records required by this chapter may shall not be open 644
958+to inspection by the public. All records may shall be inspected 645
959+only upon order of the court by persons deemed by the court to 646
960+have a proper interest therein, except that, subject to the 647
961+provisions of s. 63.162, a child, and the parents of the child 648
962+and their attorneys, the guardian ad litem, criminal conflict 649
963+and civil regional counsels, law enforcement agencies, and the 650
964+
965+CS/HB 185 2024
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967+
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972+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
973+
974+
975+
976+department and its designees , and the attorney ad litem, if one 651
977+is appointed, shall always have the right to inspec t and copy 652
978+any official record pertaining to the child. The Justice 653
979+Administrative Commission may inspect court dockets required by 654
980+this chapter as necessary to audit compensation of court -655
981+appointed attorneys ad litem. If the docket is insufficient for 656
982+purposes of the audit, the commission may petition the court for 657
983+additional documentation as necessary and appropriate. The court 658
984+may permit authorized representatives of recognized 659
985+organizations compiling statistics for proper purposes to 660
986+inspect and make abstracts from official records, under whatever 661
987+conditions upon their use and disposition the court may deem 662
988+proper, and may punish by contempt proceedings any violation of 663
989+those conditions. 664
990+ Section 10. Paragraph (a) of subsection (3) of section 665
991+39.0136, Florida Statutes, is amended to read: 666
992+ 39.0136 Time limitations; continuances. — 667
993+ (3) The time limitations in this chapter do not include: 668
994+ (a) Periods of delay resulting from a continuance granted 669
995+at the request of the child's counsel , or the child's guardian 670
996+ad litem, or attorney ad litem, if one is appointed , if the 671
997+child is of sufficient capacity to express reasonable consent, 672
998+at the request or with the consent of the child . The court must 673
999+consider the best interests of the child when determining 674
1000+periods of delay under this section. 675
1001+
1002+CS/HB 185 2024
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1009+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
1010+
1011+
1012+
1013+ Section 11. Subsection (7) of section 39.01375, Florida 676
1014+Statutes, is amended to read: 677
1015+ 39.01375 Best interest determination for placement. —The 678
1016+department, community -based care lead agency, or court shall 679
1017+consider all of the following factors when determining whether a 680
1018+proposed placement under this chapter is in the child's best 681
1019+interest: 682
1020+ (7) The recommendation of the child's guardian ad litem , 683
1021+if one has been appointed . 684
1022+ Section 12. Paragraphs (a) and (b) of subse ction (4) of 685
1023+section 39.0139, Florida Statutes, are amended to read: 686
1024+ 39.0139 Visitation or other contact; restrictions. — 687
1025+ (4) HEARINGS.—A person who meets any of the criteria set 688
1026+forth in paragraph (3)(a) who seeks to begin or resume contact 689
1027+with the child victim shall have the right to an evidentiary 690
1028+hearing to determine whether contact is appropriate. 691
1029+ (a) Before Prior to the hearing, the court shall appoint 692
1030+an attorney ad litem or a guardian ad litem for the child if one 693
1031+has not already been appointe d. The guardian ad litem and Any 694
1032+attorney ad litem, if one is or guardian ad litem appointed, 695
1033+must shall have special training in the dynamics of child sexual 696
1034+abuse. 697
1035+ (b) At the hearing, the court may receive and rely upon 698
1036+any relevant and material eviden ce submitted to the extent of 699
1037+its probative value, including written and oral reports or 700
1038+
1039+CS/HB 185 2024
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1046+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
1047+
1048+
1049+
1050+recommendations from the Child Protection Team, the child's 701
1051+therapist, the child's guardian ad litem, or the child's 702
1052+attorney ad litem, if one is appointed, even if these reports, 703
1053+recommendations, and evidence may not be admissible under the 704
1054+rules of evidence. 705
1055+ Section 13. Paragraphs (d) and (t) of subsection (2) of 706
1056+section 39.202, Florida Statutes, are amended to read: 707
1057+ 39.202 Confidentiality of reports and records in cases of 708
1058+child abuse or neglect; exception. — 709
1059+ (2) Except as provided in subsection (4), access to such 710
1060+records, excluding the name of, or other identifying information 711
1061+with respect to, the reporter which may only shall be released 712
1062+only as provided in subsection (5), may only shall be granted 713
1063+only to the following persons, officials, and agencies: 714
1064+ (d) The parent or legal custodian of any child who is 715
1065+alleged to have been abused, abandoned, or neglected ; the child; 716
1066+the child's guardian ad litem; the child's attorney ad litem, if 717
1067+one is appointed; or , and the child, and their attorneys, 718
1068+including any attorney representing a child in civil or criminal 719
1069+proceedings. This access must shall be made available no later 720
1070+than 60 days after the department receiv es the initial report of 721
1071+abuse, neglect, or abandonment. However, any information 722
1072+otherwise made confidential or exempt by law may shall not be 723
1073+released pursuant to this paragraph. 724
1074+ (t) Persons with whom the department is seeking to place 725
1075+
1076+CS/HB 185 2024
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1078+
1079+
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1083+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
1084+
1085+
1086+
1087+the child or to whom placement has been granted, including 726
1088+foster parents for whom an approved home study has been 727
1089+conducted, the designee of a licensed child -caring agency as 728
1090+defined in s. 39.01 s. 39.01(41), an approved relative or 729
1091+nonrelative with whom a child is place d pursuant to s. 39.402, 730
1092+preadoptive parents for whom a favorable preliminary adoptive 731
1093+home study has been conducted, adoptive parents, or an adoption 732
1094+entity acting on behalf of preadoptive or adoptive parents. 733
1095+ Section 14. Paragraph (c) of subsection ( 8), paragraphs 734
1096+(b) and (c) of subsection (11), and paragraph (a) of subsection 735
1097+(14) of section 39.402, Florida Statutes, are amended to read: 736
1098+ 39.402 Placement in a shelter. — 737
1099+ (8) 738
1100+ (c) At the shelter hearing, the court shall: 739
1101+ 1. Appoint a guardian ad l item to represent the best 740
1102+interest of the child , unless the court finds that such 741
1103+representation is unnecessary ; 742
1104+ 2. Inform the parents or legal custodians of their right 743
1105+to counsel to represent them at the shelter hearing and at each 744
1106+subsequent hearing or proceeding, and the right of the parents 745
1107+to appointed counsel, pursuant to the procedures set forth in s. 746
1108+39.013; 747
1109+ 3. Give the parents or legal custodians an opportunity to 748
1110+be heard and to present evidence; and 749
1111+ 4. Inquire of those present at the shel ter hearing as to 750
1112+
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1120+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
1121+
1122+
1123+
1124+the identity and location of the legal father. In determining 751
1125+who the legal father of the child may be, the court shall 752
1126+inquire under oath of those present at the shelter hearing 753
1127+whether they have any of the following information: 754
1128+ a. Whether the mother of the child was married at the 755
1129+probable time of conception of the child or at the time of birth 756
1130+of the child. 757
1131+ b. Whether the mother was cohabiting with a male at the 758
1132+probable time of conception of the child. 759
1133+ c. Whether the mother has received payments or promises of 760
1134+support with respect to the child or because of her pregnancy 761
1135+from a man who claims to be the father. 762
1136+ d. Whether the mother has named any man as the father on 763
1137+the birth certificate of the child or in connection with 764
1138+applying for or receiving public assistance. 765
1139+ e. Whether any man has acknowledged or claimed paternity 766
1140+of the child in a jurisdiction in which the mother resided at 767
1141+the time of or since conception of the child or in which the 768
1142+child has resided or resides. 769
1143+ f. Whether a man is named on the birth certificate of the 770
1144+child pursuant to s. 382.013(2). 771
1145+ g. Whether a man has been determined by a court order to 772
1146+be the father of the child. 773
1147+ h. Whether a man has been determined to be the father of 774
1148+the child by the Depa rtment of Revenue as provided in s. 775
1149+
1150+CS/HB 185 2024
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1157+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
1158+
1159+
1160+
1161+409.256. 776
1162+ (11) 777
1163+ (b) The court shall request that the parents consent to 778
1164+provide access to the child's medical records and provide 779
1165+information to the court, the department or its contract 780
1166+agencies, and the any guardian ad litem and or attorney ad 781
1167+litem, if one is appointed, for the child. If a parent is 782
1168+unavailable or unable to consent or withholds consent and the 783
1169+court determines access to the records and information is 784
1170+necessary to provide services to the child, the cou rt shall 785
1171+issue an order granting access. The court may also order the 786
1172+parents to provide all known medical information to the 787
1173+department and to any others granted access under this 788
1174+subsection. 789
1175+ (c) The court shall request that the parents consent to 790
1176+provide access to the child's child care records, early 791
1177+education program records, or other educational records and 792
1178+provide information to the court, the department or its contract 793
1179+agencies, and the any guardian ad litem and or attorney ad 794
1180+litem, if one is appo inted, for the child. If a parent is 795
1181+unavailable or unable to consent or withholds consent and the 796
1182+court determines access to the records and information is 797
1183+necessary to provide services to the child, the court shall 798
1184+issue an order granting access. 799
1185+ (14) The time limitations in this section do not include: 800
1186+
1187+CS/HB 185 2024
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1189+
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1194+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
1195+
1196+
1197+
1198+ (a) Periods of delay resulting from a continuance granted 801
1199+at the request or with the consent of the child's counsel or the 802
1200+child's guardian ad litem or attorney ad litem , if one is has 803
1201+been appointed by the court, or, if the child is of sufficient 804
1202+capacity to express reasonable consent, at the request or with 805
1203+the consent of the child's attorney or the child's guardian ad 806
1204+litem, if one has been appointed by the court, and the child . 807
1205+ Section 15. Paragraphs (a) and (b) of subsection (4) of 808
1206+section 39.4022, Florida Statutes, are amended to read: 809
1207+ 39.4022 Multidisciplinary teams; staffings; assessments; 810
1208+report.— 811
1209+ (4) PARTICIPANTS.— 812
1210+ (a) Collaboration among diverse individuals who are part 813
1211+of the child's network is necessary to make the most informed 814
1212+decisions possible for the child. A diverse team is preferable 815
1213+to ensure that the necessary combination of technical skills, 816
1214+cultural knowledge, community resources, and personal 817
1215+relationships is developed a nd maintained for the child and 818
1216+family. The participants necessary to achieve an appropriately 819
1217+diverse team for a child may vary by child and may include 820
1218+extended family, friends, neighbors, coaches, clergy, coworkers, 821
1219+or others the family identifies as po tential sources of support. 822
1220+ 1. Each multidisciplinary team staffing must invite the 823
1221+following members: 824
1222+ a. The child, unless he or she is not of an age or 825
1223+
1224+CS/HB 185 2024
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1231+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
1232+
1233+
1234+
1235+capacity to participate in the team , and the child's guardian ad 826
1236+litem; 827
1237+ b. The child's family me mbers and other individuals 828
1238+identified by the family as being important to the child, 829
1239+provided that a parent who has a no contact order or injunction, 830
1240+is alleged to have sexually abused the child, or is subject to a 831
1241+termination of parental rights may not p articipate; 832
1242+ c. The current caregiver, provided the caregiver is not a 833
1243+parent who meets the criteria of one of the exceptions under 834
1244+sub-subparagraph b.; 835
1245+ d. A representative from the department other than the 836
1246+Children's Legal Services attorney, when the department is 837
1247+directly involved in the goal identified by the staffing; 838
1248+ e. A representative from the community -based care lead 839
1249+agency, when the lead agency is directly involved in the goal 840
1250+identified by the staffing; 841
1251+ f. The case manager for the child, or his or her case 842
1252+manager supervisor; and 843
1253+ g. A representative from the Department of Juvenile 844
1254+Justice, if the child is dually involved with both the 845
1255+department and the Department of Juvenile Justice. 846
1256+ 2. The multidisciplinary team must make reasonable efforts 847
1257+to have all mandatory invitees attend. However, the 848
1258+multidisciplinary team staffing may not be delayed if the 849
1259+invitees in subparagraph 1. fail to attend after being provided 850
1260+
1261+CS/HB 185 2024
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1268+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
1269+
1270+
1271+
1272+reasonable opportunities. 851
1273+ (b) Based on the particular goal the multidisciplinary 852
1274+team staffing identifies as the purpose of convening the 853
1275+staffing as provided under subsection (5), the department or 854
1276+lead agency may also invite to the meeting other professionals, 855
1277+including, but not limited to: 856
1278+ 1. A representative fro m Children's Medical Services; 857
1279+ 2. A guardian ad litem, if one is appointed; 858
1280+ 2.3. A school personnel representative who has direct 859
1281+contact with the child; 860
1282+ 3.4. A therapist or other behavioral health professional, 861
1283+if applicable; 862
1284+ 4.5. A mental health professional with expertise in 863
1285+sibling bonding, if the department or lead agency deems such 864
1286+expert is necessary; or 865
1287+ 5.6. Other community providers of services to the child or 866
1288+stakeholders, when applicable. 867
1289+ Section 16. Paragraph (d) of subsection (3) and paragraph 868
1290+(c) of subsection (4) of section 39.4023, Florida Statutes, are 869
1291+amended to read: 870
1292+ 39.4023 Placement and education transitions; transition 871
1293+plans.— 872
1294+ (3) PLACEMENT TRANSITIONS. — 873
1295+ (d) Transition planning. — 874
1296+ 1. If the supportive services provi ded pursuant to 875
1297+
1298+CS/HB 185 2024
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1300+
1301+
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1305+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
1306+
1307+
1308+
1309+paragraph (c) have not been successful to make the maintenance 876
1310+of the placement suitable or if there are other circumstances 877
1311+that require the child to be moved, the department or the 878
1312+community-based care lead agency must convene a 879
1313+multidisciplinary team staffing as required under s. 39.4022 880
1314+before the child's placement is changed, or within 72 hours of 881
1315+moving the child in an emergency situation, for the purpose of 882
1316+developing an appropriate transition plan. 883
1317+ 2. A placement change may occur i mmediately in an 884
1318+emergency situation without convening a multidisciplinary team 885
1319+staffing. However, a multidisciplinary team staffing must be 886
1320+held within 72 hours after the emergency situation arises. 887
1321+ 3. The department or the community -based care lead agency 888
1322+must provide written notice of the planned move at least 14 days 889
1323+before the move or within 72 hours after an emergency situation, 890
1324+to the greatest extent possible and consistent with the child's 891
1325+needs and preferences. The notice must include the reason a 892
1326+placement change is necessary. A copy of the notice must be 893
1327+filed with the court and be provided to all of the following : 894
1328+ a. The child, unless he or she, due to age or capacity, is 895
1329+unable to comprehend the written notice, which will necessitate 896
1330+the department or lead agency to provide notice in an age -897
1331+appropriate and capacity -appropriate alternative manner .; 898
1332+ b. The child's parents, unless prohibited by court order .; 899
1333+ c. The child's out-of-home caregiver.; 900
1334+
1335+CS/HB 185 2024
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1337+
1338+
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1342+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
1343+
1344+
1345+
1346+ d. The guardian ad litem ., if one is appointed; 901
1347+ e. The attorney ad litem for the child, if one is 902
1348+appointed.; and 903
1349+ f. The attorney for the department. 904
1350+ 4. The transition plan must be developed through 905
1351+cooperation among the persons included in subparagraph 3., and 906
1352+such persons must share any relevant information necessary for 907
1353+its development. Subject to the child's needs and preferences, 908
1354+the transition plan must meet the requirements of s. 909
1355+409.1415(2)(b)8. and exclude any placement changes that occur 910
1356+between 7 p.m. and 8 a.m. 911
1357+ 5. The department or the community-based care lead agency 912
1358+shall file the transition plan with the court within 48 hours 913
1359+after the creation of such plan and provide a copy of the plan 914
1360+to the persons included in subparagraph 3. 915
1361+ (4) EDUCATION TRANSITIONS. — 916
1362+ (c) Minimizing school changes.— 917
1363+ 1. Every effort must be made to keep a child in the school 918
1364+of origin if it is in the child's best interest. Any placement 919
1365+decision must include thoughtful consideration of which school a 920
1366+child will attend if a school change is necessar y. 921
1367+ 2. Members of a multidisciplinary team staffing convened 922
1368+for a purpose other than a school change must determine the 923
1369+child's best interest regarding remaining in the school or 924
1370+program of origin if the child's educational options are 925
1371+
1372+CS/HB 185 2024
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1375+
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1379+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
1380+
1381+
1382+
1383+affected by any other decision being made by the 926
1384+multidisciplinary team. 927
1385+ 3. The determination of whether it is in the child's best 928
1386+interest to remain in the school of origin, and if not, of which 929
1387+school the child will attend in the future, must be made in 930
1388+consultation with the following individuals, including, but not 931
1389+limited to, the child; the parents; the caregiver; the child 932
1390+welfare professional; the guardian ad litem , if appointed; the 933
1391+educational surrogate, if appointed; child care and educational 934
1392+staff, including tea chers and guidance counselors; and the 935
1393+school district representative or foster care liaison. A 936
1394+multidisciplinary team member may contact any of these 937
1395+individuals in advance of a multidisciplinary team staffing to 938
1396+obtain his or her recommendation. An indiv idual may remotely 939
1397+attend the multidisciplinary team staffing if one of the 940
1398+identified goals is related to determining an educational 941
1399+placement. The multidisciplinary team may rely on a report from 942
1400+the child's current school or program district and, if 943
1401+applicable, any other school district being considered for the 944
1402+educational placement if the required school personnel are not 945
1403+available to attend the multidisciplinary team staffing in 946
1404+person or remotely. 947
1405+ 4. The multidisciplinary team and the individuals li sted 948
1406+in subparagraph 3. must consider, at a minimum, all of the 949
1407+following factors when determining whether remaining in the 950
1408+
1409+CS/HB 185 2024
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1416+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
1417+
1418+
1419+
1420+school or program of origin is in the child's best interest or, 951
1421+if not, when selecting a new school or program: 952
1422+ a. The child's desire to remain in the school or program 953
1423+of origin. 954
1424+ b. The preference of the child's parents or legal 955
1425+guardians. 956
1426+ c. Whether the child has siblings, close friends, or 957
1427+mentors at the school or program of origin. 958
1428+ d. The child's cultural and community connections in the 959
1429+school or program of origin. 960
1430+ e. Whether the child is suspected of having a disability 961
1431+under the Individuals with Disabilities Education Act (IDEA) or 962
1432+s. 504 of the Rehabilitation Act of 1973, or has begun receiving 963
1433+interventions under this state's multitiered system of supports. 964
1434+ f. Whether the child has an evaluation pending for special 965
1435+education and related services under IDEA or s. 504 of the 966
1436+Rehabilitation Act of 1973. 967
1437+ g. Whether the child is a student with a disability under 968
1438+IDEA who is receiving special education and related services or 969
1439+a student with a disability under s. 504 of the Rehabilitation 970
1440+Act of 1973 who is receiving accommodations and services and, if 971
1441+so, whether those required services are available in a school or 972
1442+program other than the school or program of origin. 973
1443+ h. Whether the child is an English Language Learner 974
1444+student and is receiving language services and, if so, whether 975
1445+
1446+CS/HB 185 2024
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1448+
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1453+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
1454+
1455+
1456+
1457+those required services are available in a school or program 976
1458+other than the school or pro gram of origin. 977
1459+ i. The impact a change to the school or program of origin 978
1460+would have on academic credits and progress toward promotion. 979
1461+ j. The availability of extracurricular activities 980
1462+important to the child. 981
1463+ k. The child's known individualized educ ational plan or 982
1464+other medical and behavioral health needs and whether such plan 983
1465+or needs are able to be met at a school or program other than 984
1466+the school or program of origin. 985
1467+ l. The child's permanency goal and timeframe for achieving 986
1468+permanency. 987
1469+ m. The child's history of school transfers and how such 988
1470+transfers have impacted the child academically, emotionally, and 989
1471+behaviorally. 990
1472+ n. The length of the commute to the school or program from 991
1473+the child's home or placement and how such commute would impact 992
1474+the child. 993
1475+ o. The length of time the child has attended the school or 994
1476+program of origin. 995
1477+ 5. The cost of transportation cannot be a factor in making 996
1478+a best interest determination. 997
1479+ Section 17. Paragraph (f) of subsection (3) of section 998
1480+39.407, Florida Statutes, is amended to read: 999
1481+ 39.407 Medical, psychiatric, and psychological examination 1000
1482+
1483+CS/HB 185 2024
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1485+
1486+
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1490+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
1491+
1492+
1493+
1494+and treatment of child; physical, mental, or substance abuse 1001
1495+examination of person with or requesting child custody. — 1002
1496+ (3) 1003
1497+ (f)1. The department shall fully inform the court of the 1004
1498+child's medical and behavioral status as part of the social 1005
1499+services report prepared for each judicial review hearing held 1006
1500+for a child for whom psychotropic medication has been prescribed 1007
1501+or provided under this subsection. As a part of the information 1008
1502+provided to the court, the department shall furnish copies of 1009
1503+all pertinent medical records concerning the child which have 1010
1504+been generated since the previous hearing. On its own motion or 1011
1505+on good cause shown by any party, including the any guardian ad 1012
1506+litem, attorney, or attorney ad litem , if one is who has been 1013
1507+appointed to represent the child or the child's interests , the 1014
1508+court may review the status more frequently than required in 1015
1509+this subsection. 1016
1510+ 2. The court may, in the best interests of the child, 1017
1511+order the department to obtain a medical opinion addressing 1018
1512+whether the continued use of the medication under the 1019
1513+circumstances is safe and medically appropriate. 1020
1514+ Section 18. Paragraphs (m), (t), and (u) of subsection (1) 1021
1515+of section 39.4085, Florida Statutes, are amended to read: 1022
1516+ 39.4085 Goals for dependent children; responsibilities; 1023
1517+education; Office of the Children's Ombudsman. — 1024
1518+ (1) The Legislature finds that the design and delivery of 1025
1519+
1520+CS/HB 185 2024
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1522+
1523+
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1527+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
1528+
1529+
1530+
1531+child welfare services should be directed by the principle that 1026
1532+the health and safety of children, including the freedom from 1027
1533+abuse, abandonment, or neglect, is of paramount concern and, 1028
1534+therefore, establishes the following goals for children in 1029
1535+shelter or foster care: 1030
1536+ (m) To receive meaningful case ma nagement and planning 1031
1537+that will quickly return the child to his or her family or move 1032
1538+the child on to other forms of permanency. For a child who is 1033
1539+transitioning from foster care to independent living, permanency 1034
1540+includes establishing naturally occurring, lifelong, kin-like 1035
1541+connections between the child and a supportive adult. 1036
1542+ (t) To have a guardian ad litem appointed to represent, 1037
1543+within reason, their best interests and, if appropriate, an 1038
1544+attorney ad litem appointed to represent their legal interests ; 1039
1545+the guardian ad litem and attorney ad litem , if one is 1040
1546+appointed, shall have immediate and unlimited access to the 1041
1547+children they represent. 1042
1548+ (u) To have all their records available for review by 1043
1549+their guardian ad litem and attorney ad litem , if one is 1044
1550+appointed, if they deem such review necessary. 1045
1551+ 1046
1552+This subsection establishes goals and not rights. This 1047
1553+subsection does not require the delivery of any particular 1048
1554+service or level of service in excess of existing 1049
1555+appropriations. A person does not have a cause o f action against 1050
1556+
1557+CS/HB 185 2024
1558+
1559+
1560+
1561+CODING: Words stricken are deletions; words underlined are additions.
1562+hb0185-01-c1
1563+Page 43 of 127
1564+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
1565+
1566+
1567+
1568+the state or any of its subdivisions, agencies, contractors, 1051
1569+subcontractors, or agents, based upon the adoption of or failure 1052
1570+to provide adequate funding for the achievement of these goals 1053
1571+by the Legislature. This subsection does not requi re the 1054
1572+expenditure of funds to meet the goals established in this 1055
1573+subsection except those funds specifically appropriated for such 1056
1574+purpose. 1057
1575+ Section 19. Subsection (8) of section 39.502, Florida 1058
1576+Statutes, is amended to read: 1059
1577+ 39.502 Notice, process, and service.— 1060
1578+ (8) It is not necessary to the validity of a proceeding 1061
1579+covered by this part that the parents be present if their 1062
1580+identity or residence is unknown after a diligent search has 1063
1581+been made; however, but in this event the petitioner must shall 1064
1582+file an affidavit of diligent search prepared by the person who 1065
1583+made the search and inquiry, and the court must may appoint a 1066
1584+guardian ad litem for the child if a guardian ad litem has not 1067
1585+previously been appointed . 1068
1586+ Section 20. Paragraph (c) of subsecti on (3) of section 1069
1587+39.522, Florida Statutes, is amended to read: 1070
1588+ 39.522 Postdisposition change of custody. — 1071
1589+ (3) 1072
1590+ (c)1. The department or community -based care lead agency 1073
1591+must notify a current caregiver who has been in the physical 1074
1592+custody placement for at least 9 consecutive months and who 1075
1593+
1594+CS/HB 185 2024
1595+
1596+
1597+
1598+CODING: Words stricken are deletions; words underlined are additions.
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1600+Page 44 of 127
1601+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
1602+
1603+
1604+
1605+meets all the established criteria in paragraph (b) of an intent 1076
1606+to change the physical custody of the child, and a 1077
1607+multidisciplinary team staffing must be held in accordance with 1078
1608+ss. 39.4022 and 39.4023 at least 21 da ys before the intended 1079
1609+date for the child's change in physical custody, unless there is 1080
1610+an emergency situation as defined in s. 39.4022(2)(b). If there 1081
1611+is not a unanimous consensus decision reached by the 1082
1612+multidisciplinary team, the department's official p osition must 1083
1613+be provided to the parties within the designated time period as 1084
1614+provided for in s. 39.4022. 1085
1615+ 2. A caregiver who objects to the department's official 1086
1616+position on the change in physical custody must notify the court 1087
1617+and the department or commun ity-based care lead agency of his or 1088
1618+her objection and the intent to request an evidentiary hearing 1089
1619+in writing in accordance with this section within 5 days after 1090
1620+receiving notice of the department's official position provided 1091
1621+under subparagraph 1. The tra nsition of the child to the new 1092
1622+caregiver may not begin before the expiration of the 5 -day 1093
1623+period within which the current caregiver may object. 1094
1624+ 3. Upon the department or community -based care lead agency 1095
1625+receiving written notice of the caregiver's object ion, the 1096
1626+change to the child's physical custody must be placed in 1097
1627+abeyance and the child may not be transitioned to a new physical 1098
1628+placement without a court order, unless there is an emergency 1099
1629+situation as defined in s. 39.4022(2)(b). 1100
1630+
1631+CS/HB 185 2024
1632+
1633+
1634+
1635+CODING: Words stricken are deletions; words underlined are additions.
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1638+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
1639+
1640+
1641+
1642+ 4. Within 7 days af ter receiving written notice from the 1101
1643+caregiver, the court must conduct an initial case status 1102
1644+hearing, at which time the court must do all of the following : 1103
1645+ a. Grant party status to the current caregiver who is 1104
1646+seeking permanent custody and has maintain ed physical custody of 1105
1647+that child for at least 9 continuous months for the limited 1106
1648+purpose of filing a motion for a hearing on the objection and 1107
1649+presenting evidence pursuant to this subsection .; 1108
1650+ b. Appoint an attorney for the child who is the subject of 1109
1651+the permanent custody proceeding, in addition to the guardian ad 1110
1652+litem, if one is appointed; 1111
1653+ b.c. Advise the caregiver of his or her right to retain 1112
1654+counsel for purposes of the evidentiary hearing .; and 1113
1655+ c.d. Appoint a court-selected neutral and indepen dent 1114
1656+licensed professional with expertise in the science and research 1115
1657+of child-parent bonding. 1116
1658+ Section 21. Paragraph (c) of subsection (1) and paragraph 1117
1659+(c) of subsection (3) of section 39.6012, Florida Statutes, are 1118
1660+amended to read: 1119
1661+ 39.6012 Case plan tasks; services.— 1120
1662+ (1) The services to be provided to the parent and the 1121
1663+tasks that must be completed are subject to the following: 1122
1664+ (c) If there is evidence of harm as defined in s. 1123
1665+39.01(37)(g) s. 39.01(34)(g), the case plan must include as a 1124
1666+required task for the parent whose actions caused the harm that 1125
1667+
1668+CS/HB 185 2024
1669+
1670+
1671+
1672+CODING: Words stricken are deletions; words underlined are additions.
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1675+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
1676+
1677+
1678+
1679+the parent submit to a substance abuse disorder assessment or 1126
1680+evaluation and participate and comply with treatment and 1127
1681+services identified in the assessment or evaluation as being 1128
1682+necessary. 1129
1683+ (3) In addition to any other requirement, if the child is 1130
1684+in an out-of-home placement, the case plan must include: 1131
1685+ (c) When appropriate, for a child who is 13 years of age 1132
1686+or older, a written description of the programs and services 1133
1687+that will help the child pr epare for the transition from foster 1134
1688+care to independent living. The written description must include 1135
1689+age-appropriate activities for the child's development of 1136
1690+relationships, coping skills, and emotional well -being. 1137
1691+ Section 22. Section 39.6036, Florida Statutes, is created 1138
1692+to read: 1139
1693+ 39.6036 Supportive adults for children transitioning out 1140
1694+of foster care.— 1141
1695+ (1) The Legislature finds that a committed, caring adult 1142
1696+provides a lifeline for a child transitioning out of foster care 1143
1697+to live independently. Ac cordingly, it is the intent of the 1144
1698+Legislature that the Statewide Guardian ad Litem Office help 1145
1699+children connect with supportive adults with the hope of 1146
1700+creating an ongoing relationship that lasts into adulthood. 1147
1701+ (2) The Statewide Guardian ad Litem Offic e shall work with 1148
1702+a child who is transitioning out of foster care to identify at 1149
1703+least one supportive adult with whom the child can enter into a 1150
1704+
1705+CS/HB 185 2024
1706+
1707+
1708+
1709+CODING: Words stricken are deletions; words underlined are additions.
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1712+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
1713+
1714+
1715+
1716+formal agreement for an ongoing relationship and document such 1151
1717+agreement in the child's court file. If the chil d cannot 1152
1718+identify a supportive adult, the Statewide Guardian ad Litem 1153
1719+Office shall work in coordination with the Office of Continuing 1154
1720+Care to identify at least one supportive adult with whom the 1155
1721+child can enter into a formal agreement for an ongoing 1156
1722+relationship and document such agreement in the child's court 1157
1723+file. 1158
1724+ Section 23. Paragraph (c) of subsection (10) of section 1159
1725+39.621, Florida Statutes, is amended to read: 1160
1726+ 39.621 Permanency determination by the court. — 1161
1727+ (10) The permanency placement is inte nded to continue 1162
1728+until the child reaches the age of majority and may not be 1163
1729+disturbed absent a finding by the court that the circumstances 1164
1730+of the permanency placement are no longer in the best interest 1165
1731+of the child. 1166
1732+ (c) The court shall base its decision concerning any 1167
1733+motion by a parent for reunification or increased contact with a 1168
1734+child on the effect of the decision on the safety, well -being, 1169
1735+and physical and emotional health of the child. Factors that 1170
1736+must be considered and addressed in the findings of fact of the 1171
1737+order on the motion must include: 1172
1738+ 1. The compliance or noncompliance of the parent with the 1173
1739+case plan; 1174
1740+ 2. The circumstances which caused the child's dependency 1175
1741+
1742+CS/HB 185 2024
1743+
1744+
1745+
1746+CODING: Words stricken are deletions; words underlined are additions.
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1749+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
1750+
1751+
1752+
1753+and whether those circumstances have been resolved; 1176
1754+ 3. The stability and longevity of the child's placement; 1177
1755+ 4. The preferences of the child, if the child is of 1178
1756+sufficient age and understanding to express a preference; 1179
1757+ 5. The recommendation of the current custodian; and 1180
1758+ 6. Any The recommendation of the guardian ad litem , if one 1181
1759+has been appointed. 1182
1760+ Section 24. Subsection (2) of section 39.6241, Florida 1183
1761+Statutes, is amended to read: 1184
1762+ 39.6241 Another planned permanent living arrangement. — 1185
1763+ (2) The department and the guardian ad litem must provide 1186
1764+the court with a recommended list and description of services 1187
1765+needed by the child, such as independent living services and 1188
1766+medical, dental, educational, or psychological referrals, and a 1189
1767+recommended list and description of services needed by his or 1190
1768+her caregiver. The guardian ad litem must also advise the court 1191
1769+whether the child has been connected with a supportive adult 1192
1770+and, if the child has been connected with a supportive adult, 1193
1771+whether the child has entered into a formal agreement with the 1194
1772+adult. If the child has entered into a formal agreement pursuant 1195
1773+to s. 39.6036, the guardian ad litem must ensure that the 1196
1774+agreement is documented in the child's court file. 1197
1775+ Section 25. Paragraphs (b) and ( f) of subsection (1), 1198
1776+paragraph (c) of subsection (2), subsection (3), and paragraph 1199
1777+(e) of subsection (4) of section 39.701, Florida Statutes, are 1200
1778+
1779+CS/HB 185 2024
1780+
1781+
1782+
1783+CODING: Words stricken are deletions; words underlined are additions.
1784+hb0185-01-c1
1785+Page 49 of 127
1786+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
1787+
1788+
1789+
1790+amended to read: 1201
1791+ 39.701 Judicial review. — 1202
1792+ (1) GENERAL PROVISIONS. — 1203
1793+ (b)1. The court shall retain jurisd iction over a child 1204
1794+returned to his or her parents for a minimum period of 6 months 1205
1795+after following the reunification, but, at that time, based on a 1206
1796+report of the social service agency and the guardian ad litem , 1207
1797+if one has been appointed, and any other relevant factors, the 1208
1798+court shall make a determination as to whether supervision by 1209
1799+the department and the court's jurisdiction shall continue or be 1210
1800+terminated. 1211
1801+ 2. Notwithstanding subparagraph 1., the court must retain 1212
1802+jurisdiction over a child if the child is placed in the home 1213
1803+with a parent or caregiver with an in -home safety plan and such 1214
1804+safety plan remains necessary for the child to reside safely in 1215
1805+the home. 1216
1806+ (f) Notice of a judicial review hearing or a citizen 1217
1807+review panel hearing, and a copy of the motion for judicial 1218
1808+review, if any, must be served by the clerk of the court upon 1219
1809+all of the following persons, if available to be served, 1220
1810+regardless of whether the person was present at the previous 1221
1811+hearing at which the date, time, and location of the hea ring was 1222
1812+announced: 1223
1813+ 1. The social service agency charged with the supervision 1224
1814+of care, custody, or guardianship of the child, if that agency 1225
1815+
1816+CS/HB 185 2024
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1818+
1819+
1820+CODING: Words stricken are deletions; words underlined are additions.
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1823+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
1824+
1825+
1826+
1827+is not the movant. 1226
1828+ 2. The foster parent or legal custodian in whose home the 1227
1829+child resides. 1228
1830+ 3. The parents. 1229
1831+ 4. The guardian ad litem for the child , or the 1230
1832+representative of the guardian ad litem program if the program 1231
1833+has been appointed. 1232
1834+ 5. The attorney ad litem for the child, if one is 1233
1835+appointed. 1234
1836+ 6. The child, if the child is 13 years of age or older. 1235
1837+ 7. Any preadoptive parent. 1236
1838+ 8. Such other persons as the court may direct. 1237
1839+ (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1238
1840+AGE.— 1239
1841+ (c) Review determinations. —The court and any citizen 1240
1842+review panel shall take into consideration the information 1241
1843+contained in the social services study and investigation and all 1242
1844+medical, psychological, and educational records that support the 1243
1845+terms of the case plan; testimony by the social services agency, 1244
1846+the parent, the foster parent or caregiver, the guardian ad 1245
1847+litem, the or surrogate parent for educational decisionmaking if 1246
1848+one has been appointed for the child, and any other person 1247
1849+deemed appropriate; and any relevant and material evidence 1248
1850+submitted to the court, including written and oral reports to 1249
1851+the extent of their probative value. These reports and evidence 1250
1852+
1853+CS/HB 185 2024
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1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
1858+hb0185-01-c1
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1860+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
1861+
1862+
1863+
1864+may be received by the court in its effort to determine the 1251
1865+action to be taken with regard to the child and may be relied 1252
1866+upon to the extent of their probative value, even though not 1253
1867+competent in an adjudic atory hearing. In its deliberations, the 1254
1868+court and any citizen review panel shall seek to determine: 1255
1869+ 1. If the parent was advised of the right to receive 1256
1870+assistance from any person or social service agency in the 1257
1871+preparation of the case plan. 1258
1872+ 2. If the parent has been advised of the right to have 1259
1873+counsel present at the judicial review or citizen review 1260
1874+hearings. If not so advised, the court or citizen review panel 1261
1875+shall advise the parent of such right. 1262
1876+ 3. If a guardian ad litem needs to be appointed f or the 1263
1877+child in a case in which a guardian ad litem has not previously 1264
1878+been appointed or if there is a need to continue a guardian ad 1265
1879+litem in a case in which a guardian ad litem has been appointed . 1266
1880+ 4. Who holds the rights to make educational decisions f or 1267
1881+the child. If appropriate, the court may refer the child to the 1268
1882+district school superintendent for appointment of a surrogate 1269
1883+parent or may itself appoint a surrogate parent under the 1270
1884+Individuals with Disabilities Education Act and s. 39.0016. 1271
1885+ 5. The compliance or lack of compliance of all parties 1272
1886+with applicable items of the case plan, including the parents' 1273
1887+compliance with child support orders. 1274
1888+ 6. The compliance or lack of compliance with a visitation 1275
1889+
1890+CS/HB 185 2024
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1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
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1897+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
1898+
1899+
1900+
1901+contract between the parent and the social serv ice agency for 1276
1902+contact with the child, including the frequency, duration, and 1277
1903+results of the parent -child visitation and the reason for any 1278
1904+noncompliance. 1279
1905+ 7. The frequency, kind, and duration of contacts among 1280
1906+siblings who have been separated during placement, as well as 1281
1907+any efforts undertaken to reunite separated siblings if doing so 1282
1908+is in the best interests of the child. 1283
1909+ 8. The compliance or lack of compliance of the parent in 1284
1910+meeting specified financial obligations pertaining to the care 1285
1911+of the child, including the reason for failure to comply, if 1286
1912+applicable. 1287
1913+ 9. Whether the child is receiving safe and proper care 1288
1914+according to s. 39.6012, including, but not limited to, the 1289
1915+appropriateness of the child's current placement, including 1290
1916+whether the child is in a setting that is as family -like and as 1291
1917+close to the parent's home as possible, consistent with the 1292
1918+child's best interests and special needs, and including 1293
1919+maintaining stability in the child's educational placement, as 1294
1920+documented by assurances fr om the community-based care lead 1295
1921+agency that: 1296
1922+ a. The placement of the child takes into account the 1297
1923+appropriateness of the current educational setting and the 1298
1924+proximity to the school in which the child is enrolled at the 1299
1925+time of placement. 1300
1926+
1927+CS/HB 185 2024
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1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb0185-01-c1
1933+Page 53 of 127
1934+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
1935+
1936+
1937+
1938+ b. The community-based care lead agency has coordinated 1301
1939+with appropriate local educational agencies to ensure that the 1302
1940+child remains in the school in which the child is enrolled at 1303
1941+the time of placement. 1304
1942+ 10. A projected date likely for the child's return home or 1305
1943+other permanent placement. 1306
1944+ 11. When appropriate, the basis for the unwillingness or 1307
1945+inability of the parent to become a party to a case plan. The 1308
1946+court and the citizen review panel shall determine if the 1309
1947+efforts of the social service agency to secure party 1310
1948+participation in a case plan were sufficient. 1311
1949+ 12. For a child who has reached 13 years of age but is not 1312
1950+yet 18 years of age, the adequacy of the child's preparation for 1313
1951+adulthood and independent living. For a child who is 15 years of 1314
1952+age or older, the co urt shall determine if appropriate steps are 1315
1953+being taken for the child to obtain a driver license or 1316
1954+learner's driver license. 1317
1955+ 13. If amendments to the case plan are required. 1318
1956+Amendments to the case plan must be made under s. 39.6013. 1319
1957+ 14. If the parents and caregivers have developed a 1320
1958+productive relationship that includes meaningful communication 1321
1959+and mutual support. 1322
1960+ (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —1323
1961+At each review hearing held under this subsection, the court 1324
1962+shall give the child and the guardian ad litem the opportunity 1325
1963+
1964+CS/HB 185 2024
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1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb0185-01-c1
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1971+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
1972+
1973+
1974+
1975+to address the court and provide any information relevant to the 1326
1976+child's best interest, particularly in relation to independent 1327
1977+living transition services. The foster parent or, legal 1328
1978+custodian, or guardian ad litem may also provide any information 1329
1979+relevant to the child's best interest to the court. In addition 1330
1980+to the review and report required under paragraphs (1)(a) and 1331
1981+(2)(a), respectively, and the review and report required under 1332
1982+s. 39.822(2)(a)2., the court shall: 1333
1983+ (a) Inquire about the life skills the child has acquired 1334
1984+and whether those services are age appropriate, at the first 1335
1985+judicial review hearing held subsequent to the child's 16th 1336
1986+birthday. At the judicial review hearing, the department shall 1337
1987+provide the court with a report that includes specific 1338
1988+information related to the life skills that the child has 1339
1989+acquired since the child's 13th birthday or since the date the 1340
1990+child came into foster care, whichever came later. For any child 1341
1991+who may meet the requi rements for appointment of a guardian 1342
1992+advocate under s. 393.12 or a guardian under chapter 744, the 1343
1993+updated case plan must be developed in a face -to-face conference 1344
1994+with the child, if appropriate; the child's attorney ad litem, 1345
1995+if one is appointed; the chi ld's; any court-appointed guardian 1346
1996+ad litem; the temporary custodian of the child; and the parent 1347
1997+of the child, if the parent's rights have not been terminated. 1348
1998+ (b) The court shall hold a judicial review hearing within 1349
1999+90 days after a child's 17th birthd ay. The court shall issue an 1350
2000+
2001+CS/HB 185 2024
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb0185-01-c1
2007+Page 55 of 127
2008+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
2009+
2010+
2011+
2012+order, separate from the order on judicial review, that the 1351
2013+disability of nonage of the child has been removed under ss. 1352
2014+743.044-743.047 for any disability that the court finds is in 1353
2015+the child's best interest to remove. The dep artment shall 1354
2016+include in the social study report for the first judicial review 1355
2017+that occurs after the child's 17th birthday written verification 1356
2018+that the child has: 1357
2019+ 1. A current Medicaid card and all necessary information 1358
2020+concerning the Medicaid program s ufficient to prepare the child 1359
2021+to apply for coverage upon reaching the age of 18, if such 1360
2022+application is appropriate. 1361
2023+ 2. A certified copy of the child's birth certificate and, 1362
2024+if the child does not have a valid driver license, a Florida 1363
2025+identification card issued under s. 322.051. 1364
2026+ 3. A social security card and information relating to 1365
2027+social security insurance benefits if the child is eligible for 1366
2028+those benefits. If the child has received such benefits and they 1367
2029+are being held in trust for the child, a fu ll accounting of 1368
2030+these funds must be provided and the child must be informed as 1369
2031+to how to access those funds. 1370
2032+ 4. All relevant information related to the Road -to-1371
2033+Independence Program under s. 409.1451, including, but not 1372
2034+limited to, eligibility requiremen ts, information on 1373
2035+participation, and assistance in gaining admission to the 1374
2036+program. If the child is eligible for the Road -to-Independence 1375
2037+
2038+CS/HB 185 2024
2039+
2040+
2041+
2042+CODING: Words stricken are deletions; words underlined are additions.
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2045+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
2046+
2047+
2048+
2049+Program, he or she must be advised that he or she may continue 1376
2050+to reside with the licensed family home or group care provider 1377
2051+with whom the child was residing at the time the child attained 1378
2052+his or her 18th birthday, in another licensed family home, or 1379
2053+with a group care provider arranged by the department. 1380
2054+ 5. An open bank account or the identification necessary to 1381
2055+open a bank account and to acquire essential banking and 1382
2056+budgeting skills. 1383
2057+ 6. Information on public assistance and how to apply for 1384
2058+public assistance. 1385
2059+ 7. A clear understanding of where he or she will be living 1386
2060+on his or her 18th birthday, how living expens es will be paid, 1387
2061+and the educational program or school in which he or she will be 1388
2062+enrolled. 1389
2063+ 8. Information related to the ability of the child to 1390
2064+remain in care until he or she reaches 21 years of age under s. 1391
2065+39.013. 1392
2066+ 9. A letter providing the dates th at the child is under 1393
2067+the jurisdiction of the court. 1394
2068+ 10. A letter stating that the child is in compliance with 1395
2069+financial aid documentation requirements. 1396
2070+ 11. The child's educational records. 1397
2071+ 12. The child's entire health and mental health records. 1398
2072+ 13. The process for accessing the child's case file. 1399
2073+ 14. A statement encouraging the child to attend all 1400
2074+
2075+CS/HB 185 2024
2076+
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2078+
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2082+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
2083+
2084+
2085+
2086+judicial review hearings. 1401
2087+ 15. Information on how to obtain a driver license or 1402
2088+learner's driver license. 1403
2089+ (c) At the first judicial review hearing held subsequent 1404
2090+to the child's 17th birthday, if the court determines pursuant 1405
2091+to chapter 744 that there is a good faith basis to believe that 1406
2092+the child qualifies for appointment of a guardian advocate, 1407
2093+limited guardian, or plenary guardian for the child a nd that no 1408
2094+less restrictive decisionmaking assistance will meet the child's 1409
2095+needs: 1410
2096+ 1. The department shall complete a multidisciplinary 1411
2097+report which must include, but is not limited to, a psychosocial 1412
2098+evaluation and educational report if such a report has not been 1413
2099+completed within the previous 2 years. 1414
2100+ 2. The department shall identify one or more individuals 1415
2101+who are willing to serve as the guardian advocate under s. 1416
2102+393.12 or as the plenary or limited guardian under chapter 744. 1417
2103+Any other interested p arties or participants may make efforts to 1418
2104+identify such a guardian advocate, limited guardian, or plenary 1419
2105+guardian. The child's biological or adoptive family members, 1420
2106+including the child's parents if the parents' rights have not 1421
2107+been terminated, may not b e considered for service as the 1422
2108+plenary or limited guardian unless the court enters a written 1423
2109+order finding that such an appointment is in the child's best 1424
2110+interests. 1425
2111+
2112+CS/HB 185 2024
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2119+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
2120+
2121+
2122+
2123+ 3. Proceedings may be initiated within 180 days after the 1426
2124+child's 17th birthday for the appointment of a guardian 1427
2125+advocate, plenary guardian, or limited guardian for the child in 1428
2126+a separate proceeding in the court division with jurisdiction 1429
2127+over guardianship matters and pursuant to chapter 744. The 1430
2128+Legislature encourages the use of pro bono representation to 1431
2129+initiate proceedings under this section. 1432
2130+ 4. In the event another interested party or participant 1433
2131+initiates proceedings for the appointment of a guardian 1434
2132+advocate, plenary guardian, or limited guardian for the child, 1435
2133+the department shall provide all necessary documentation and 1436
2134+information to the petitioner to complete a petition under s. 1437
2135+393.12 or chapter 744 within 45 days after the first judicial 1438
2136+review hearing after the child's 17th birthday. 1439
2137+ 5. Any proceedings seeking appointment of a guardian 1440
2138+advocate or a determination of incapacity and the appointment of 1441
2139+a guardian must be conducted in a separate proceeding in the 1442
2140+court division with jurisdiction over guardianship matters and 1443
2141+pursuant to chapter 744. 1444
2142+ (d) If the court finds at th e judicial review hearing 1445
2143+after the child's 17th birthday that the department has not met 1446
2144+its obligations to the child as stated in this part, in the 1447
2145+written case plan, or in the provision of independent living 1448
2146+services, the court may issue an order direct ing the department 1449
2147+to show cause as to why it has not done so. If the department 1450
2148+
2149+CS/HB 185 2024
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2156+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
2157+
2158+
2159+
2160+cannot justify its noncompliance, the court may give the 1451
2161+department 30 days within which to comply. If the department 1452
2162+fails to comply within 30 days, the court may hold the 1453
2163+department in contempt. 1454
2164+ (e) If necessary, the court may review the status of the 1455
2165+child more frequently during the year before the child's 18th 1456
2166+birthday. At the last review hearing before the child reaches 18 1457
2167+years of age, and in addition to the requirement s of subsection 1458
2168+(2), the court shall: 1459
2169+ 1. Address whether the child plans to remain in foster 1460
2170+care, and, if so, ensure that the child's transition plan 1461
2171+includes a plan for meeting one or more of the criteria 1462
2172+specified in s. 39.6251 and determine if the ch ild has entered 1463
2173+into a formal agreement for an ongoing relationship with a 1464
2174+supportive adult. 1465
2175+ 2. Ensure that the transition plan includes a supervised 1466
2176+living arrangement under s. 39.6251. 1467
2177+ 3. Ensure the child has been informed of: 1468
2178+ a. The right to conti nued support and services from the 1469
2179+department and the community -based care lead agency. 1470
2180+ b. The right to request termination of dependency 1471
2181+jurisdiction and be discharged from foster care. 1472
2182+ c. The opportunity to reenter foster care under s. 1473
2183+39.6251. 1474
2184+ 4. Ensure that the child, if he or she requests 1475
2185+
2186+CS/HB 185 2024
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2188+
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2193+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
2194+
2195+
2196+
2197+termination of dependency jurisdiction and discharge from foster 1476
2198+care, has been informed of: 1477
2199+ a. Services or benefits for which the child may be 1478
2200+eligible based on his or her former placement in foster care, 1479
2201+including, but not limited to, the assistance of the Office of 1480
2202+Continuing Care under s. 414.56. 1481
2203+ b. Services or benefits that may be lost through 1482
2204+termination of dependency jurisdiction. 1483
2205+ c. Other federal, state, local, or community -based 1484
2206+services or supports available to him or her. 1485
2207+ (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. —1486
2208+During each period of time that a young adult remains in foster 1487
2209+care, the court shall review the status of the young adult at 1488
2210+least every 6 months and must hold a permanency review hearing 1489
2211+at least annually. 1490
2212+ (e)1. Notwithstanding the provisions of this subsection, 1491
2213+if a young adult has chosen to remain in extended foster care 1492
2214+after he or she has reached 18 years of age, the department may 1493
2215+not close a case and the court may no t terminate jurisdiction 1494
2216+until the court finds, following a hearing, that the following 1495
2217+criteria have been met: 1496
2218+ a.1. Attendance of the young adult at the hearing; or 1497
2219+ b.2. Findings by the court that: 1498
2220+ (I)a. The young adult has been informed by the depa rtment 1499
2221+of his or her right to attend the hearing and has provided 1500
2222+
2223+CS/HB 185 2024
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2230+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
2231+
2232+
2233+
2234+written consent to waive this right; and 1501
2235+ (II)b. The young adult has been informed of the potential 1502
2236+negative effects of early termination of care, the option to 1503
2237+reenter care before reaching 21 years of age, the procedure for, 1504
2238+and limitations on, reentering care, and the availability of 1505
2239+alternative services, and has signed a document attesting that 1506
2240+he or she has been so informed and understands these provisions; 1507
2241+or 1508
2242+ (III)c. The young adult has voluntarily left the program, 1509
2243+has not signed the document in sub -subparagraph b., and is 1510
2244+unwilling to participate in any further court proceeding. 1511
2245+ 2.3. In all permanency hearings or hearings regarding the 1512
2246+transition of the young adult from care to ind ependent living, 1513
2247+the court shall consult with the young adult regarding the 1514
2248+proposed permanency plan, case plan, and individual education 1515
2249+plan for the young adult and ensure that he or she has 1516
2250+understood the conversation. The court shall also inquire of th e 1517
2251+young adult regarding his or her relationship with the 1518
2252+supportive adult with whom the young adult has entered into a 1519
2253+formal agreement for an ongoing relationship, if such agreement 1520
2254+exists. 1521
2255+ Section 26. Paragraph (a) of subsection (3) of section 1522
2256+39.801, Florida Statutes, is amended to read: 1523
2257+ 39.801 Procedures and jurisdiction; notice; service of 1524
2258+process.— 1525
2259+
2260+CS/HB 185 2024
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2262+
2263+
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2267+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
2268+
2269+
2270+
2271+ (3) Before the court may terminate parental rights, in 1526
2272+addition to the other requirements set forth in this part, the 1527
2273+following requirements must b e met: 1528
2274+ (a) Notice of the date, time, and place of the advisory 1529
2275+hearing for the petition to terminate parental rights; if 1530
2276+applicable, instructions for appearance through audio -video 1531
2277+communication technology; and a copy of the petition must be 1532
2278+personally served upon the following persons, specifically 1533
2279+notifying them that a petition has been filed: 1534
2280+ 1. The parents of the child. 1535
2281+ 2. The legal custodians of the child. 1536
2282+ 3. If the parents who would be entitled to notice are dead 1537
2283+or unknown, a living relative of the child, unless upon diligent 1538
2284+search and inquiry no such relative can be found. 1539
2285+ 4. Any person who has physical custody of the child. 1540
2286+ 5. Any grandparent entitled to priority for adoption under 1541
2287+s. 63.0425. 1542
2288+ 6. Any prospective parent who has been id entified under s. 1543
2289+39.503 or s. 39.803, unless a court order has been entered 1544
2290+pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1545
2291+indicates no further notice is required. Except as otherwise 1546
2292+provided in this section, if there is not a legal father, notice 1547
2293+of the petition for termination of parental rights must be 1548
2294+provided to any known prospective father who is identified under 1549
2295+oath before the court or who is identified by a diligent search 1550
2296+
2297+CS/HB 185 2024
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2299+
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2304+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
2305+
2306+
2307+
2308+of the Florida Putative Father Registry. Service of the noti ce 1551
2309+of the petition for termination of parental rights is not 1552
2310+required if the prospective father executes an affidavit of 1553
2311+nonpaternity or a consent to termination of his parental rights 1554
2312+which is accepted by the court after notice and opportunity to 1555
2313+be heard by all parties to address the best interests of the 1556
2314+child in accepting such affidavit. 1557
2315+ 7. The guardian ad litem for the child or the 1558
2316+representative of the guardian ad litem program, if the program 1559
2317+has been appointed. 1560
2318+ 1561
2319+A party may consent to service or n otice by e-mail by providing 1562
2320+a primary e-mail address to the clerk of the court. The document 1563
2321+containing the notice to respond or appear must contain, in type 1564
2322+at least as large as the type in the balance of the document, 1565
2323+the following or substantially simi lar language: "FAILURE TO 1566
2324+APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1567
2325+TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1568
2326+YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1569
2327+ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1570
2328+THE PETITION ATTACHED TO THIS NOTICE." 1571
2329+ Section 27. Subsection (2) of section 39.807, Florida 1572
2330+Statutes, is amended to read: 1573
2331+ 39.807 Right to counsel; guardian ad litem. — 1574
2332+ (2)(a) The court shall appoint a guardian ad litem to 1575
2333+
2334+CS/HB 185 2024
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2336+
2337+
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2341+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
2342+
2343+
2344+
2345+represent the best interest of the child in any termination of 1576
2346+parental rights proceedings and shall ascertain at each stage of 1577
2347+the proceedings whether a guardian ad litem has been appointed. 1578
2348+ (b) The guardian ad litem has the following 1579
2349+responsibilities and authorities listed in s. 39.822. : 1580
2350+ 1. To investigate the allegations of the petition and any 1581
2351+subsequent matters arising in the case and, 1582
2352+ (c) Unless excused by the court, the guardian ad litem 1583
2353+must to file a written report. This report must include a 1584
2354+statement of the wishes of the child and the recommendations of 1585
2355+the guardian ad litem and must be provided to all parties and 1586
2356+the court at least 72 hours before the disposition hearing. 1587
2357+ 2. To be present at all court hearings unless excused by 1588
2358+the court. 1589
2359+ 3. To represent the best interests of the child until the 1590
2360+jurisdiction of the court over the child terminates or until 1591
2361+excused by the court. 1592
2362+ (c) A guardian ad litem is not required to post bond but 1593
2363+shall file an acceptance of the office. 1594
2364+ (d) A guardian ad l item is entitled to receive service of 1595
2365+pleadings and papers as provided by the Florida Rules of 1596
2366+Juvenile Procedure. 1597
2367+ (d)(e) This subsection does not apply to any voluntary 1598
2368+relinquishment of parental rights proceeding. 1599
2369+ Section 28. Subsection (2) of section 39.808, Florida 1600
2370+
2371+CS/HB 185 2024
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2373+
2374+
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2378+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
2379+
2380+
2381+
2382+Statutes, is amended to read: 1601
2383+ 39.808 Advisory hearing; pretrial status conference. — 1602
2384+ (2) At the hearing the court shall inform the parties of 1603
2385+their rights under s. 39.807, shall appoint counsel for the 1604
2386+parties in accordance with legal requirements, and shall appoint 1605
2387+a guardian ad litem to represent the interests of the child if 1606
2388+one has not already been appointed. 1607
2389+ Section 29. Subsection (2) of section 39.815, Florida 1608
2390+Statutes, is amended to read: 1609
2391+ 39.815 Appeal.— 1610
2392+ (2) An attorney for the department shall represent the 1611
2393+state upon appeal. When a notice of appeal is filed in the 1612
2394+circuit court, the clerk shall notify the attorney for the 1613
2395+department, together with the attorney for the parent, the 1614
2396+guardian ad litem, and the any attorney ad litem for the child, 1615
2397+if one is appointed. 1616
2398+ Section 30. Section 39.820, Florida Statutes, is repealed. 1617
2399+ Section 31. Subsections (1) and (3) of section 39.821, 1618
2400+Florida Statutes, are amended to read: 1619
2401+ 39.821 Qualifications of guardians ad litem. — 1620
2402+ (1) Because of the special trust or responsibility placed 1621
2403+in a guardian ad litem, the Statewide Guardian ad Litem Office 1622
2404+Program may use any private funds collected by the office 1623
2405+program, or any state funds so designated, to conduct a security 1624
2406+background investigation before certifying a volunteer to serve. 1625
2407+
2408+CS/HB 185 2024
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2410+
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2415+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
2416+
2417+
2418+
2419+A security background investigation must include, but need not 1626
2420+be limited to, employment history checks, checks of references, 1627
2421+local criminal history records checks through local law 1628
2422+enforcement agencies, and statewide criminal history records 1629
2423+checks through the Department of Law Enforcement. Upon request, 1630
2424+an employer shall furnish a copy of the personnel record for the 1631
2425+employee or former employee who is the subject of a security 1632
2426+background investigation conducted under this section. The 1633
2427+information contained in the personnel record may include, but 1634
2428+need not be limited to, disciplinary matters and the reason why 1635
2429+the employee was terminat ed from employment. An employer who 1636
2430+releases a personnel record for purposes of a security 1637
2431+background investigation is presumed to have acted in good faith 1638
2432+and is not liable for information contained in the record 1639
2433+without a showing that the employer malici ously falsified the 1640
2434+record. A security background investigation conducted under this 1641
2435+section must ensure that a person is not certified as a guardian 1642
2436+ad litem if the person has an arrest awaiting final disposition 1643
2437+for, been convicted of, regardless of adju dication, entered a 1644
2438+plea of nolo contendere or guilty to, or been adjudicated 1645
2439+delinquent and the record has not been sealed or expunged for, 1646
2440+any offense prohibited under the provisions listed in s. 435.04. 1647
2441+All applicants must undergo a level 2 background s creening 1648
2442+pursuant to chapter 435 before being certified to serve as a 1649
2443+guardian ad litem. In analyzing and evaluating the information 1650
2444+
2445+CS/HB 185 2024
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2447+
2448+
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2452+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
2453+
2454+
2455+
2456+obtained in the security background investigation, the office 1651
2457+program must give particular emphasis to past activities 1652
2458+involving children, including, but not limited to, child -related 1653
2459+criminal offenses or child abuse. The office program has sole 1654
2460+discretion in determining whether to certify a person based on 1655
2461+his or her security background investigation. The information 1656
2462+collected pursuant to the security background investigation is 1657
2463+confidential and exempt from s. 119.07(1). 1658
2464+ (3) It is a misdemeanor of the first degree, punishable as 1659
2465+provided in s. 775.082 or s. 775.083, for any person to 1660
2466+willfully, knowingly, or intentionally fa il, by false statement, 1661
2467+misrepresentation, impersonation, or other fraudulent means, to 1662
2468+disclose in any application for a volunteer position or for paid 1663
2469+employment with the Statewide Guardian ad Litem Office Program, 1664
2470+any material fact used in making a dete rmination as to the 1665
2471+applicant's qualifications for such position. 1666
2472+ Section 32. Section 39.822, Florida Statutes, is amended 1667
2473+to read: 1668
2474+ 39.822 Appointment of guardian ad litem for abused, 1669
2475+abandoned, or neglected child. — 1670
2476+ (1) A guardian ad litem shall be appointed by the court at 1671
2477+the earliest possible time to represent the child in any child 1672
2478+abuse, abandonment, or neglect judicial proceeding, whether 1673
2479+civil or criminal. A guardian ad litem is a fiduciary and must 1674
2480+provide independent representation of the c hild using a best 1675
2481+
2482+CS/HB 185 2024
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2484+
2485+
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2489+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
2490+
2491+
2492+
2493+interest standard of decisionmaking and advocacy. 1676
2494+ (2)(a) A guardian ad litem must: 1677
2495+ 1. Be present at all court hearings unless excused by the 1678
2496+court. 1679
2497+ 2. Investigate issues related to the best interest of the 1680
2498+child who is the subject o f the appointment, review all 1681
2499+disposition recommendations and changes in placement, and, 1682
2500+unless excused by the court, file written reports and 1683
2501+recommendations in accordance with general law. 1684
2502+ 3. Represent the child until the court's jurisdiction over 1685
2503+the child terminates or until excused by the court. 1686
2504+ 4. Advocate for the child's participation in the 1687
2505+proceedings and to report the child's preferences to the court, 1688
2506+to the extent the child has the ability and desire to express 1689
2507+his or her preferences. 1690
2508+ 5. Perform other duties that are consistent with the scope 1691
2509+of the appointment. 1692
2510+ (b) A guardian ad litem shall have immediate and unlimited 1693
2511+access to the children he or she represents. 1694
2512+ (c) A guardian ad litem is not required to post bond but 1695
2513+must file an acceptance of the appointment. 1696
2514+ (d) A guardian ad litem is entitled to receive service of 1697
2515+pleadings and papers as provided by the Florida Rules of 1698
2516+Juvenile Procedure. 1699
2517+ (3) Any person participating in a civil or criminal 1700
2518+
2519+CS/HB 185 2024
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2521+
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2526+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
2527+
2528+
2529+
2530+judicial proceeding resulting from suc h appointment shall be 1701
2531+presumed prima facie to be acting in good faith and in so doing 1702
2532+shall be immune from any liability, civil or criminal, that 1703
2533+otherwise might be incurred or imposed. 1704
2534+ (4)(2) In those cases in which the parents are financially 1705
2535+able, the parent or parents of the child shall reimburse the 1706
2536+court, in part or in whole, for the cost of provision of 1707
2537+guardian ad litem representation services. Reimbursement to the 1708
2538+individual providing guardian ad litem representation is not 1709
2539+services shall not be contingent upon successful collection by 1710
2540+the court from the parent or parents. 1711
2541+ (5)(3) Upon presentation by a guardian ad litem of a court 1712
2542+order appointing the guardian ad litem: 1713
2543+ (a) An agency, as defined in chapter 119, shall allow the 1714
2544+guardian ad litem to inspect and copy records related to the 1715
2545+best interests of the child who is the subject of the 1716
2546+appointment, including, but not limited to, records made 1717
2547+confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1718
2548+the State Constitution. The guardia n ad litem shall maintain the 1719
2549+confidential or exempt status of any records shared by an agency 1720
2550+under this paragraph. 1721
2551+ (b) A person or an organization, other than an agency 1722
2552+under paragraph (a), shall allow the guardian ad litem to 1723
2553+inspect and copy any records related to the best interests of 1724
2554+the child who is the subject of the appointment, including, but 1725
2555+
2556+CS/HB 185 2024
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2558+
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2563+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
2564+
2565+
2566+
2567+not limited to, confidential records . 1726
2568+ 1727
2569+For the purposes of this subsection, the term "records related 1728
2570+to the best interests of the child" includes, but is not limited 1729
2571+to, medical, mental health, substance abuse, child care, 1730
2572+education, law enforcement, court, social services, and 1731
2573+financial records. 1732
2574+ (4) The guardian ad litem or the program representative 1733
2575+shall review all disposition recommendations and changes in 1734
2576+placements, and must be present at all critical stages of the 1735
2577+dependency proceeding or submit a written report of 1736
2578+recommendations to the court. Written reports must be filed with 1737
2579+the court and served on all parties whose whereabouts are known 1738
2580+at least 72 hours prior to the hearing. 1739
2581+ Section 33. Subsection (4) of section 39.827, Florida 1740
2582+Statutes, is amended to read: 1741
2583+ 39.827 Hearing for appointment of a guardian advocate. — 1742
2584+ (4) The hearing under this section must shall remain 1743
2585+confidential and closed to the public. The clerk shall keep all 1744
2586+court records required by this part separate from other records 1745
2587+of the circuit court. All court records required by this part 1746
2588+are shall be confidential and exempt from the provisions of s. 1747
2589+119.07(1). All Records may only shall be inspected only upon 1748
2590+order of the court by persons deemed by the court to have a 1749
2591+proper interest therein, except that a ch ild and the parents or 1750
2592+
2593+CS/HB 185 2024
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2600+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
2601+
2602+
2603+
2604+custodians of the child and their attorneys , the guardian ad 1751
2605+litem, and the department and its designees , and the attorney ad 1752
2606+litem, if one is appointed, shall always have the right to 1753
2607+inspect and copy any official record pertaining to the child. 1754
2608+The court may permit authorized representatives of recognized 1755
2609+organizations compiling statistics for proper purposes to 1756
2610+inspect and make abstracts from official records, under whatever 1757
2611+conditions upon their use and disposition the court may d eem 1758
2612+proper, and may punish by contempt proceedings any violation of 1759
2613+those conditions. All information obtained pursuant to this part 1760
2614+in the discharge of official duty by any judge, employee of the 1761
2615+court, or authorized agent of the department is shall be 1762
2616+confidential and exempt from the provisions of s. 119.07(1) and 1763
2617+may shall not be disclosed to anyone other than the authorized 1764
2618+personnel of the court or the department and its designees, 1765
2619+except upon order of the court. 1766
2620+ Section 34. Paragraphs (a), (b), an d (d) of subsection (1) 1767
2621+and subsection (2) of section 39.8296, Florida Statutes, are 1768
2622+amended to read: 1769
2623+ 39.8296 Statewide Guardian ad Litem Office; legislative 1770
2624+findings and intent; creation; appointment of executive 1771
2625+director; duties of office. — 1772
2626+ (1) LEGISLATIVE FINDINGS AND INTENT. — 1773
2627+ (a) The Legislature finds that for the past 20 years, the 1774
2628+Statewide Guardian Ad Litem Office Program has been the only 1775
2629+
2630+CS/HB 185 2024
2631+
2632+
2633+
2634+CODING: Words stricken are deletions; words underlined are additions.
2635+hb0185-01-c1
2636+Page 72 of 127
2637+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
2638+
2639+
2640+
2641+mechanism for best interest representation for children in 1776
2642+Florida who are involved in dependency proceedi ngs. 1777
2643+ (b) The Legislature also finds that while the Statewide 1778
2644+Guardian Ad Litem Office Program has been supervised by court 1779
2645+administration within the circuit courts since the office's 1780
2646+program's inception, there is a perceived conflict of interest 1781
2647+created by the supervision of program staff by the judges before 1782
2648+whom they appear. 1783
2649+ (d) It is therefore the intent of the Legislature to place 1784
2650+the Statewide Guardian Ad Litem Office Program in an appropriate 1785
2651+place and provide a statewide infrastructure to increase 1786
2652+functioning and standardization among the local offices programs 1787
2653+currently operating in the 20 judicial circuits. 1788
2654+ (2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 1789
2655+Statewide Guardian ad Litem Office within the Justice 1790
2656+Administrative Commission. The Justice Administrative Commission 1791
2657+shall provide administrative support and service to the office 1792
2658+to the extent requested by the executive director within the 1793
2659+available resources of the com mission. The Statewide Guardian ad 1794
2660+Litem Office is not subject to control, supervision, or 1795
2661+direction by the Justice Administrative Commission in the 1796
2662+performance of its duties, but the employees of the office are 1797
2663+governed by the classification plan and sala ry and benefits plan 1798
2664+approved by the Justice Administrative Commission. 1799
2665+ (a) The head of the Statewide Guardian ad Litem Office is 1800
2666+
2667+CS/HB 185 2024
2668+
2669+
2670+
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2674+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
2675+
2676+
2677+
2678+the executive director, who shall be appointed by the Governor 1801
2679+from a list of a minimum of three eligible applicants submitt ed 1802
2680+by a Guardian ad Litem Qualifications Committee. The Guardian ad 1803
2681+Litem Qualifications Committee shall be composed of five 1804
2682+persons, two persons appointed by the Governor, two persons 1805
2683+appointed by the Chief Justice of the Supreme Court, and one 1806
2684+person appointed by the Statewide Guardian ad Litem Office 1807
2685+Association. The committee shall provide for statewide 1808
2686+advertisement and the receiving of applications for the position 1809
2687+of executive director. The Governor shall appoint an executive 1810
2688+director from among the recommendations, or the Governor may 1811
2689+reject the nominations and request the submission of new 1812
2690+nominees. The executive director must have knowledge in 1813
2691+dependency law and knowledge of social service delivery systems 1814
2692+available to meet the needs of children wh o are abused, 1815
2693+neglected, or abandoned. The executive director shall serve on a 1816
2694+full-time basis and shall personally, or through representatives 1817
2695+of the office, carry out the purposes and functions of the 1818
2696+Statewide Guardian ad Litem Office in accordance with state and 1819
2697+federal law and the state's long -established policy of 1820
2698+prioritizing children's best interests . The executive director 1821
2699+shall report to the Governor. The executive director shall serve 1822
2700+a 3-year term, subject to removal for cause by the Governor. A ny 1823
2701+person appointed to serve as the executive director may be 1824
2702+permitted to serve more than one term without the necessity of 1825
2703+
2704+CS/HB 185 2024
2705+
2706+
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2709+hb0185-01-c1
2710+Page 74 of 127
2711+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
2712+
2713+
2714+
2715+convening the Guardian ad Litem Qualifications Committee . 1826
2716+ (b) The Statewide Guardian ad Litem Office shall, within 1827
2717+available resources, have oversight responsibilities for and 1828
2718+provide technical assistance to all guardian ad litem and 1829
2719+attorney ad litem offices programs located within the judicial 1830
2720+circuits. 1831
2721+ 1. The office shall identify the resources required to 1832
2722+implement methods of collecting, reporting, and tracking 1833
2723+reliable and consistent case data. 1834
2724+ 2. The office shall review the current guardian ad litem 1835
2725+offices programs in Florida and other states. 1836
2726+ 3. The office, in consultation with local guardian ad 1837
2727+litem offices, shall dev elop statewide performance measures and 1838
2728+standards. 1839
2729+ 4. The office shall develop and maintain a guardian ad 1840
2730+litem training program , which must be updated regularly , which 1841
2731+shall include, but is not limited to, training on the 1842
2732+recognition of and responses to head trauma and brain injury in 1843
2733+a child under 6 years of age. The office shall establish a 1844
2734+curriculum committee to develop the training program specified 1845
2735+in this subparagraph. The curriculum committee shall include, 1846
2736+but not be limited to, dependency judge s, directors of circuit 1847
2737+guardian ad litem programs, active certified guardians ad litem, 1848
2738+a mental health professional who specializes in the treatment of 1849
2739+children, a member of a child advocacy group, a representative 1850
2740+
2741+CS/HB 185 2024
2742+
2743+
2744+
2745+CODING: Words stricken are deletions; words underlined are additions.
2746+hb0185-01-c1
2747+Page 75 of 127
2748+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
2749+
2750+
2751+
2752+of a domestic violence advocacy group, an individual with a 1851
2753+degree in social work, and a social worker experienced in 1852
2754+working with victims and perpetrators of child abuse . 1853
2755+ 5. The office shall review the various methods of funding 1854
2756+guardian ad litem offices programs, maximize the use of those 1855
2757+funding sources to the extent possible, and review the kinds of 1856
2758+services being provided by circuit guardian ad litem offices 1857
2759+programs. 1858
2760+ 6. The office shall determine the feasibility or 1859
2761+desirability of new concepts of organizati on, administration, 1860
2762+financing, or service delivery designed to preserve the civil 1861
2763+and constitutional rights and fulfill other needs of dependent 1862
2764+children. 1863
2765+ 7. The office shall ensure that each child has an attorney 1864
2766+assigned to his or her case and, within available resources, is 1865
2767+represented using multidisciplinary teams that may include 1866
2768+volunteers, pro bono attorneys, social workers, and mentors. 1867
2769+ 8. The office shall provide oversight and technical 1868
2770+assistance to attorneys ad litem, including, but not limit ed to, 1869
2771+all of the following: 1870
2772+ a. Develop an attorney ad litem training program in 1871
2773+collaboration with dependency court stakeholders, including, but 1872
2774+not limited to, dependency judges, representatives from legal 1873
2775+aid providing attorney ad litem representation , and an attorney 1874
2776+ad litem appointed from a registry maintained by the chief 1875
2777+
2778+CS/HB 185 2024
2779+
2780+
2781+
2782+CODING: Words stricken are deletions; words underlined are additions.
2783+hb0185-01-c1
2784+Page 76 of 127
2785+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
2786+
2787+
2788+
2789+judge. The training program must be updated regularly with or 1876
2790+without convening the stakeholders group. 1877
2791+ b. Offer consultation and technical assistance to chief 1878
2792+judges in maintaining attorney registries for the selection of 1879
2793+attorneys ad litem. 1880
2794+ c. Assist with recruitment, training, and mentoring of 1881
2795+attorneys ad litem as needed. 1882
2796+ 9.7. In an effort to promote normalcy and establish trust 1883
2797+between a court-appointed volunteer guardian ad litem and a 1884
2798+child alleged to be abused, abandoned, or neglected under this 1885
2799+chapter, a guardian ad litem may transport a child. However, a 1886
2800+guardian ad litem volunteer may not be required by a guardian ad 1887
2801+litem circuit office or ordered by or directed by the program or 1888
2802+a court to transport a child. 1889
2803+ 10.8. The office shall submit to the Governor, the 1890
2804+President of the Senate, the Speaker of the House of 1891
2805+Representatives, and the Chief Justice of the Supreme Court an 1892
2806+interim report describing the progress o f the office in meeting 1893
2807+the goals as described in this section. The office shall submit 1894
2808+to the Governor, the President of the Senate, the Speaker of the 1895
2809+House of Representatives, and the Chief Justice of the Supreme 1896
2810+Court a proposed plan including alternat ives for meeting the 1897
2811+state's guardian ad litem and attorney ad litem needs. This plan 1898
2812+may include recommendations for less than the entire state, may 1899
2813+include a phase-in system, and shall include estimates of the 1900
2814+
2815+CS/HB 185 2024
2816+
2817+
2818+
2819+CODING: Words stricken are deletions; words underlined are additions.
2820+hb0185-01-c1
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2822+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
2823+
2824+
2825+
2826+cost of each of the alternatives. Each year the office shall 1901
2827+provide a status report and provide further recommendations to 1902
2828+address the need for guardian ad litem representation services 1903
2829+and related issues. 1904
2830+ Section 35. Section 39.8297, Florida Statutes, is amended 1905
2831+to read: 1906
2832+ 39.8297 County fundi ng for guardian ad litem employees. — 1907
2833+ (1) A county and the executive director of the Statewide 1908
2834+Guardian ad Litem Office may enter into an agreement by which 1909
2835+the county agrees to provide funds to the local guardian ad 1910
2836+litem office in order to employ person s who will assist in the 1911
2837+operation of the guardian ad litem office program in the county. 1912
2838+ (2) The agreement, at a minimum, must provide that: 1913
2839+ (a) Funding for the persons who are employed will be 1914
2840+provided on at least a fiscal -year basis. 1915
2841+ (b) The persons who are employed will be hired, 1916
2842+supervised, managed, and terminated by the executive director of 1917
2843+the Statewide Guardian ad Litem Office. The statewide office is 1918
2844+responsible for compliance with all requirements of federal and 1919
2845+state employment laws, and s hall fully indemnify the county from 1920
2846+any liability under such laws, as authorized by s. 768.28(19), 1921
2847+to the extent such liability is the result of the acts or 1922
2848+omissions of the Statewide Guardian ad Litem Office or its 1923
2849+agents or employees. 1924
2850+ (c) The county is the employer for purposes of s. 440.10 1925
2851+
2852+CS/HB 185 2024
2853+
2854+
2855+
2856+CODING: Words stricken are deletions; words underlined are additions.
2857+hb0185-01-c1
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2859+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
2860+
2861+
2862+
2863+and chapter 443. 1926
2864+ (d) Employees funded by the county under this section and 1927
2865+other county employees may be aggregated for purposes of a 1928
2866+flexible benefits plan pursuant to s. 125 of the Internal 1929
2867+Revenue Code of 1986. 1930
2868+ (e) Persons employed under this section may be terminated 1931
2869+after a substantial breach of the agreement or because funding 1932
2870+to the guardian ad litem office program has expired. 1933
2871+ (3) Persons employed under this section may not be counted 1934
2872+in a formula or similar process used by the Statewide Guardian 1935
2873+ad Litem Office to measure personnel needs of a judicial 1936
2874+circuit's guardian ad litem office program. 1937
2875+ (4) Agreements created pursuant to this section do not 1938
2876+obligate the state to allocate funds to a county to e mploy 1939
2877+persons in the guardian ad litem office program. 1940
2878+ Section 36. Section 39.8298, Florida Statutes, is amended 1941
2879+to read: 1942
2880+ 39.8298 Guardian ad Litem direct -support organizations 1943
2881+organization.— 1944
2882+ (1) AUTHORITY.—The Statewide Guardian ad Litem Office 1945
2883+created under s. 39.8296 is authorized to create a state direct-1946
2884+support organization and to create or designate local direct -1947
2885+support organizations. The executive director of the Statewide 1948
2886+Guardian ad Litem Office is responsible for designating local 1949
2887+direct-support organizations under this subsection . 1950
2888+
2889+CS/HB 185 2024
2890+
2891+
2892+
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2896+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
2897+
2898+
2899+
2900+ (a) The state direct-support organization and the local 1951
2901+direct-support organizations must be a Florida corporations 1952
2902+corporation not for profit, incorpora ted under the provisions of 1953
2903+chapter 617. The state direct-support organization and the local 1954
2904+direct-support organizations are shall be exempt from paying 1955
2905+fees under s. 617.0122. 1956
2906+ (b) The state direct-support organization and each local 1957
2907+direct-support organization must shall be organized and operated 1958
2908+to conduct programs and activities; raise funds; request and 1959
2909+receive grants, gifts, and bequests of moneys; acquire, receive, 1960
2910+hold, invest, and administer, in its own name, securities, 1961
2911+funds, objects of value, or other property, real or personal; 1962
2912+and make expenditures to or for the direct or indirect benefit 1963
2913+of the Statewide Guardian ad Litem Office , including the local 1964
2914+guardian ad litem offices . 1965
2915+ (c) If the executive director of the Statewide Guardian ad 1966
2916+Litem Office determines that the state direct-support 1967
2917+organization or a local direct-support organization is operating 1968
2918+in a manner that is inconsistent with the goals and purposes of 1969
2919+the Statewide Guardian ad Litem Office or not acting in the best 1970
2920+interest of the state, the executive director may terminate the 1971
2921+organization's contract and thereafter the organization may not 1972
2922+use the name of the Statewide Guardian ad Litem Office. 1973
2923+ (2) CONTRACTS CONTRACT.—The state direct-support 1974
2924+organization and the local direct -support organizations shall 1975
2925+
2926+CS/HB 185 2024
2927+
2928+
2929+
2930+CODING: Words stricken are deletions; words underlined are additions.
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2933+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
2934+
2935+
2936+
2937+operate under a written contract with the Statewide Guardian Ad 1976
2938+Litem Office. The written contract must, at a minimum, provide 1977
2939+for: 1978
2940+ (a) Approval of the articles of incorporation and bylaws 1979
2941+of the direct-support organization by the executive director of 1980
2942+the Statewide Guardian ad Litem Office. 1981
2943+ (b) Submission of an annual budget for the approval by the 1982
2944+executive director of the Statewide Guardian ad Litem Office. 1983
2945+ (c) The reversion without penalty to the Statewide 1984
2946+Guardian ad Litem Office, or to the state if the Statewide 1985
2947+Guardian ad Litem Office ceases to exist, of all moneys and 1986
2948+property held in trust by the state direct-support organization 1987
2949+for the Statewide Gua rdian Ad Litem Office if the direct -support 1988
2950+organization ceases to exist or if the contract is terminated. 1989
2951+ (d) The fiscal year of the state direct-support 1990
2952+organization and the local direct -support organizations , which 1991
2953+must begin July 1 of each year and e nd June 30 of the following 1992
2954+year. 1993
2955+ (e) The disclosure of material provisions of the contract 1994
2956+and the distinction between the Statewide Guardian ad Litem 1995
2957+Office and the state direct-support organization or the local 1996
2958+direct-support organization to donors of gifts, contributions, 1997
2959+or bequests, as well as on all promotional and fundraising 1998
2960+publications. 1999
2961+ (3) BOARD OF DIRECTORS. —The executive director of the 2000
2962+
2963+CS/HB 185 2024
2964+
2965+
2966+
2967+CODING: Words stricken are deletions; words underlined are additions.
2968+hb0185-01-c1
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2970+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
2971+
2972+
2973+
2974+Statewide Guardian ad Litem Office shall appoint a board of 2001
2975+directors for the state direct-support organization. The 2002
2976+executive director may designate employees of the Statewide 2003
2977+Guardian ad Litem Office to serve on the board of directors of 2004
2978+the state direct-support organization or a local direct -support 2005
2979+organization. Members of the board of the state direct-support 2006
2980+organization or a local direct -support organization shall serve 2007
2981+at the pleasure of the executive director. 2008
2982+ (4) USE OF PROPERTY AND SERVICES. —The executive director 2009
2983+of the Statewide Guardian ad Litem Office: 2010
2984+ (a) May authorize the use of facilitie s and property other 2011
2985+than money that are owned by the Statewide Guardian ad Litem 2012
2986+Office to be used by the state direct-support organization or a 2013
2987+local direct-support organization . 2014
2988+ (b) May authorize the use of personal services provided by 2015
2989+employees of the Statewide Guardian ad Litem Office to be used 2016
2990+by the state direct-support organization or a local direct -2017
2991+support organization . For the purposes of this section, the term 2018
2992+"personal services" includes full -time personnel and part -time 2019
2993+personnel as well as payroll processing. 2020
2994+ (c) May prescribe the conditions by which the state 2021
2995+direct-support organization or a local direct-support 2022
2996+organization may use property, facilities, or personal services 2023
2997+of the office or the state direct-support organization . 2024
2998+ (d) May Shall not authorize the use of property, 2025
2999+
3000+CS/HB 185 2024
3001+
3002+
3003+
3004+CODING: Words stricken are deletions; words underlined are additions.
3005+hb0185-01-c1
3006+Page 82 of 127
3007+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
3008+
3009+
3010+
3011+facilities, or personal services by the state of the direct-2026
3012+support organization or a local direct-support organization if 2027
3013+the organization does not provide equal employment opportunities 2028
3014+to all persons, regardle ss of race, color, religion, sex, age, 2029
3015+or national origin. 2030
3016+ (5) MONEYS.—Moneys of the state direct-support 2031
3017+organization or a local direct-support organization must may be 2032
3018+held in a separate depository account in the name of the direct -2033
3019+support organization and subject to the provisions of the 2034
3020+contract with the Statewide Guardian ad Litem Office. 2035
3021+ (6) ANNUAL AUDIT.—The state direct-support organization 2036
3022+and a local direct-support organization must shall provide for 2037
3023+an annual financial audit in accordance wit h s. 215.981. 2038
3024+ (7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—2039
3025+The state direct-support organization and a local direct-support 2040
3026+organization may shall not exercise any power under s. 2041
3027+617.0302(12) or (16). A No state employee may not shall receive 2042
3028+compensation from the state direct-support organization or a 2043
3029+local direct-support organization for service on the board of 2044
3030+directors or for services rendered to the direct -support 2045
3031+organization. 2046
3032+ Section 37. Subsection (6) is added to section 414.56, 2047
3033+Florida Statutes, to read: 2048
3034+ 414.56 Office of Continuing Care. —The department shall 2049
3035+establish an Office of Continuing Care to ensure young adults 2050
3036+
3037+CS/HB 185 2024
3038+
3039+
3040+
3041+CODING: Words stricken are deletions; words underlined are additions.
3042+hb0185-01-c1
3043+Page 83 of 127
3044+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
3045+
3046+
3047+
3048+who age out of the foster care system between 18 and 21 years of 2051
3049+age, or 22 years of age with a documented dis ability, have a 2052
3050+point of contact until the young adult reaches the age of 26 in 2053
3051+order to receive ongoing support and care coordination needed to 2054
3052+achieve self-sufficiency. Duties of the office include, but are 2055
3053+not limited to: 2056
3054+ (6) Working in coordination w ith the Statewide Guardian ad 2057
3055+Litem Office to identify supportive adults for children 2058
3056+transitioning out of foster care to live independently, in 2059
3057+accordance with s. 39.6036. 2060
3058+ Section 38. Section 1009.898, Florida Statutes, is created 2061
3059+to read: 2062
3060+ 1009.898 Pathway to Prosperity grants. — 2063
3061+ (1) The Pathway to Prosperity program shall administer the 2064
3062+following grants to youth and young adults aging out of foster 2065
3063+care: 2066
3064+ (a) Grants to provide financial literacy instruction using 2067
3065+a curriculum developed by the Depa rtment of Financial Services. 2068
3066+ (b) Grants to provide SAT and ACT preparation, including 2069
3067+one-on-one support and fee waivers for the examinations. 2070
3068+ (c) Grants to youth and young adults planning to pursue 2071
3069+trade careers or paid apprenticeships. 2072
3070+ (2) If a youth who is aging out of foster care is reunited 2073
3071+with his or her parents, the grants remain available for the 2074
3072+youth for up to 6 months after reunification. 2075
3073+
3074+CS/HB 185 2024
3075+
3076+
3077+
3078+CODING: Words stricken are deletions; words underlined are additions.
3079+hb0185-01-c1
3080+Page 84 of 127
3081+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
3082+
3083+
3084+
3085+ Section 39. Subsection (1) of section 29.008, Florida 2076
3086+Statutes, is amended to read: 2077
3087+ 29.008 County funding of court -related functions.— 2078
3088+ (1) Counties are required by s. 14, Art. V of the State 2079
3089+Constitution to fund the cost of communications services, 2080
3090+existing radio systems, existing multiagency criminal justice 2081
3091+information systems, and the cost of construction or lease, 2082
3092+maintenance, utilities, and security of facilities for the 2083
3093+circuit and county courts, public defenders' offices, state 2084
3094+attorneys' offices, guardian ad litem offices, and the offices 2085
3095+of the clerks of the circuit and county courts per forming court-2086
3096+related functions. For purposes of this section, the term 2087
3097+"circuit and county courts" includes the offices and staffing of 2088
3098+the guardian ad litem offices programs, and the term "public 2089
3099+defenders' offices" includes the offices of criminal confl ict 2090
3100+and civil regional counsel. The county designated under s. 2091
3101+35.05(1) as the headquarters for each appellate district shall 2092
3102+fund these costs for the appellate division of the public 2093
3103+defender's office in that county. For purposes of implementing 2094
3104+these requirements, the term: 2095
3105+ (a) "Facility" means reasonable and necessary buildings 2096
3106+and office space and appurtenant equipment and furnishings, 2097
3107+structures, real estate, easements, and related interests in 2098
3108+real estate, including, but not limited to, those for th e 2099
3109+purpose of housing legal materials for use by the general public 2100
3110+
3111+CS/HB 185 2024
3112+
3113+
3114+
3115+CODING: Words stricken are deletions; words underlined are additions.
3116+hb0185-01-c1
3117+Page 85 of 127
3118+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
3119+
3120+
3121+
3122+and personnel, equipment, or functions of the circuit or county 2101
3123+courts, public defenders' offices, state attorneys' offices, and 2102
3124+court-related functions of the office of the clerks of the 2103
3125+circuit and county courts and all storage. The term "facility" 2104
3126+includes all wiring necessary for court reporting services. The 2105
3127+term also includes access to parking for such facilities in 2106
3128+connection with such court -related functions that may be 2107
3129+available free or from a private provider or a local government 2108
3130+for a fee. The office space provided by a county may not be less 2109
3131+than the standards for space allotment adopted by the Department 2110
3132+of Management Services, except this requirement applies only to 2111
3133+facilities that are leased, or on which construction commences, 2112
3134+after June 30, 2003. County funding must include physical 2113
3135+modifications and improvements to all facilities as are required 2114
3136+for compliance with the Americans with Disabilities Act. Upon 2115
3137+mutual agreement of a county and the affected entity in this 2116
3138+paragraph, the office space provided by the county may vary from 2117
3139+the standards for space allotment adopted by the Department of 2118
3140+Management Services. 2119
3141+ 1. As of July 1, 2005, equipment and furnishings shall be 2120
3142+limited to that appropriate and customary for courtrooms, 2121
3143+hearing rooms, jury facilities, and other public areas in 2122
3144+courthouses and any other facility occupied by the courts, state 2123
3145+attorneys, public defenders, guardians ad litem, and criminal 2124
3146+conflict and civil regional counsel. Court reporting equipment 2125
3147+
3148+CS/HB 185 2024
3149+
3150+
3151+
3152+CODING: Words stricken are deletions; words underlined are additions.
3153+hb0185-01-c1
3154+Page 86 of 127
3155+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
3156+
3157+
3158+
3159+in these areas or facilities is not a responsibility of the 2126
3160+county. 2127
3161+ 2. Equipment and furnishings under this paragraph in 2128
3162+existence and owned by counties on July 1, 2005, except for that 2129
3163+in the possession of t he clerks, for areas other than 2130
3164+courtrooms, hearing rooms, jury facilities, and other public 2131
3165+areas in courthouses and any other facility occupied by the 2132
3166+courts, state attorneys, and public defenders, shall be 2133
3167+transferred to the state at no charge. This pro vision does not 2134
3168+apply to any communications services as defined in paragraph 2135
3169+(f). 2136
3170+ (b) "Construction or lease" includes, but is not limited 2137
3171+to, all reasonable and necessary costs of the acquisition or 2138
3172+lease of facilities for all judicial officers, staff, jurors, 2139
3173+volunteers of a tenant agency, and the public for the circuit 2140
3174+and county courts, the public defenders' offices, state 2141
3175+attorneys' offices, and for performing the court -related 2142
3176+functions of the offices of the clerks of the circuit and county 2143
3177+courts. This includes expenses related to financing such 2144
3178+facilities and the existing and future cost and bonded 2145
3179+indebtedness associated with placing the facilities in use. 2146
3180+ (c) "Maintenance" includes, but is not limited to, all 2147
3181+reasonable and necessary costs of c ustodial and groundskeeping 2148
3182+services and renovation and reconstruction as needed to 2149
3183+accommodate functions for the circuit and county courts, the 2150
3184+
3185+CS/HB 185 2024
3186+
3187+
3188+
3189+CODING: Words stricken are deletions; words underlined are additions.
3190+hb0185-01-c1
3191+Page 87 of 127
3192+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
3193+
3194+
3195+
3196+public defenders' offices, and state attorneys' offices and for 2151
3197+performing the court -related functions of the o ffices of the 2152
3198+clerks of the circuit and county court and for maintaining the 2153
3199+facilities in a condition appropriate and safe for the use 2154
3200+intended. 2155
3201+ (d) "Utilities" means all electricity services for light, 2156
3202+heat, and power; natural or manufactured gas servi ces for light, 2157
3203+heat, and power; water and wastewater services and systems, 2158
3204+stormwater or runoff services and systems, sewer services and 2159
3205+systems, all costs or fees associated with these services and 2160
3206+systems, and any costs or fees associated with the mitiga tion of 2161
3207+environmental impacts directly related to the facility. 2162
3208+ (e) "Security" includes but is not limited to, all 2163
3209+reasonable and necessary costs of services of law enforcement 2164
3210+officers or licensed security guards and all electronic, 2165
3211+cellular, or digital monitoring and screening devices necessary 2166
3212+to ensure the safety and security of all persons visiting or 2167
3213+working in a facility; to provide for security of the facility, 2168
3214+including protection of property owned by the county or the 2169
3215+state; and for security of prisoners brought to any facility. 2170
3216+This includes bailiffs while providing courtroom and other 2171
3217+security for each judge and other quasi -judicial officers. 2172
3218+ (f) "Communications services" are defined as any 2173
3219+reasonable and necessary transmission, emission, and reception 2174
3220+of signs, signals, writings, images, and sounds of intelligence 2175
3221+
3222+CS/HB 185 2024
3223+
3224+
3225+
3226+CODING: Words stricken are deletions; words underlined are additions.
3227+hb0185-01-c1
3228+Page 88 of 127
3229+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
3230+
3231+
3232+
3233+of any nature by wire, radio, optical, audio equipment, or other 2176
3234+electromagnetic systems and includes all facilities and 2177
3235+equipment owned, leased, or used by judges, clerks, public 2178
3236+defenders, state attorneys, guardians ad litem, criminal 2179
3237+conflict and civil regional counsel, and all staff of the state 2180
3238+courts system, state attorneys' offices, public defenders' 2181
3239+offices, and clerks of the circuit and county courts performing 2182
3240+court-related functions. Such system or services shall include, 2183
3241+but not be limited to: 2184
3242+ 1. Telephone system infrastructure, including computer 2185
3243+lines, telephone switching equipment, and maintenance, and 2186
3244+facsimile equipment, wireless communications, cellular 2187
3245+telephones, pagers, and video teleconferencing equipment and 2188
3246+line charges. Each county shall continue to provide access to a 2189
3247+local carrier for local and long distance service and shall pay 2190
3248+toll charges for local and long distance service. 2191
3249+ 2. All computer networks, systems and equipment, including 2192
3250+computer hardware and software, modems, printers, wiring, 2193
3251+network connections, maintenance, support staff or services 2194
3252+including any county -funded support staff located in the offices 2195
3253+of the circuit court, county courts, sta te attorneys, public 2196
3254+defenders, guardians ad litem, and criminal conflict and civil 2197
3255+regional counsel; training, supplies, and line charges necessary 2198
3256+for an integrated computer system to support the operations and 2199
3257+management of the state courts system, the offices of the public 2200
3258+
3259+CS/HB 185 2024
3260+
3261+
3262+
3263+CODING: Words stricken are deletions; words underlined are additions.
3264+hb0185-01-c1
3265+Page 89 of 127
3266+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
3267+
3268+
3269+
3270+defenders, the offices of the state attorneys, the guardian ad 2201
3271+litem offices, the offices of criminal conflict and civil 2202
3272+regional counsel, and the offices of the clerks of the circuit 2203
3273+and county courts; and the capability to connect t hose entities 2204
3274+and reporting data to the state as required for the transmission 2205
3275+of revenue, performance accountability, case management, data 2206
3276+collection, budgeting, and auditing purposes. The integrated 2207
3277+computer system shall be operational by July 1, 2006, and, at a 2208
3278+minimum, permit the exchange of financial, performance 2209
3279+accountability, case management, case disposition, and other 2210
3280+data across multiple state and county information systems 2211
3281+involving multiple users at both the state level and within each 2212
3282+judicial circuit and be able to electronically exchange judicial 2213
3283+case background data, sentencing scoresheets, and video evidence 2214
3284+information stored in integrated case management systems over 2215
3285+secure networks. Once the integrated system becomes operational, 2216
3286+counties may reject requests to purchase communications services 2217
3287+included in this subparagraph not in compliance with standards, 2218
3288+protocols, or processes adopted by the board established 2219
3289+pursuant to former s. 29.0086. 2220
3290+ 3. Courier messenger and subpoena services. 2221
3291+ 4. Auxiliary aids and services for qualified individuals 2222
3292+with a disability which are necessary to ensure access to the 2223
3293+courts. Such auxiliary aids and services include, but are not 2224
3294+limited to, sign language interpretation services required under 2225
3295+
3296+CS/HB 185 2024
3297+
3298+
3299+
3300+CODING: Words stricken are deletions; words underlined are additions.
3301+hb0185-01-c1
3302+Page 90 of 127
3303+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
3304+
3305+
3306+
3307+the federal Americans with Disabilities Act other than services 2226
3308+required to satisfy due -process requirements and identified as a 2227
3309+state funding responsibility pursuant to ss. 29.004 -29.007, 2228
3310+real-time transcription services for individuals who are hearing 2229
3311+impaired, and assistive listening devices and the equipment 2230
3312+necessary to implement such accommodations. 2231
3313+ (g) "Existing radio systems" includes, but is not limited 2232
3314+to, law enforcement radio systems that are used by the circuit 2233
3315+and county courts, the offices of the public defenders, the 2234
3316+offices of the state attorneys, and for court -related functions 2235
3317+of the offices of the clerks of the circuit and county courts. 2236
3318+This includes radio systems that were operational or under 2237
3319+contract at the time Revision No. 7, 1998, to Ar t. V of the 2238
3320+State Constitution was adopted and any enhancements made 2239
3321+thereafter, the maintenance of those systems, and the personnel 2240
3322+and supplies necessary for operation. 2241
3323+ (h) "Existing multiagency criminal justice information 2242
3324+systems" includes, but is no t limited to, those components of 2243
3325+the multiagency criminal justice information system as defined 2244
3326+in s. 943.045, supporting the offices of the circuit or county 2245
3327+courts, the public defenders' offices, the state attorneys' 2246
3328+offices, or those portions of the of fices of the clerks of the 2247
3329+circuit and county courts performing court -related functions 2248
3330+that are used to carry out the court -related activities of those 2249
3331+entities. This includes upgrades and maintenance of the current 2250
3332+
3333+CS/HB 185 2024
3334+
3335+
3336+
3337+CODING: Words stricken are deletions; words underlined are additions.
3338+hb0185-01-c1
3339+Page 91 of 127
3340+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
3341+
3342+
3343+
3344+equipment, maintenance and upgrades of supporting technology 2251
3345+infrastructure and associated staff, and services and expenses 2252
3346+to assure continued information sharing and reporting of 2253
3347+information to the state. The counties shall also provide 2254
3348+additional information technology services, hardware, an d 2255
3349+software as needed for new judges and staff of the state courts 2256
3350+system, state attorneys' offices, public defenders' offices, 2257
3351+guardian ad litem offices, and the offices of the clerks of the 2258
3352+circuit and county courts performing court -related functions. 2259
3353+ Section 40. Paragraph (a) of subsection (1) of section 2260
3354+39.6011, Florida Statutes, is amended to read: 2261
3355+ 39.6011 Case plan development. — 2262
3356+ (1) The department shall prepare a draft of the case plan 2263
3357+for each child receiving services under this chapter. A par ent 2264
3358+of a child may not be threatened or coerced with the loss of 2265
3359+custody or parental rights for failing to admit in the case plan 2266
3360+of abusing, neglecting, or abandoning a child. Participating in 2267
3361+the development of a case plan is not an admission to any 2268
3362+allegation of abuse, abandonment, or neglect, and it is not a 2269
3363+consent to a finding of dependency or termination of parental 2270
3364+rights. The case plan shall be developed subject to the 2271
3365+following requirements: 2272
3366+ (a) The case plan must be developed in a face -to-face 2273
3367+conference with the parent of the child, the any court-appointed 2274
3368+guardian ad litem, and, if appropriate, the child and the 2275
3369+
3370+CS/HB 185 2024
3371+
3372+
3373+
3374+CODING: Words stricken are deletions; words underlined are additions.
3375+hb0185-01-c1
3376+Page 92 of 127
3377+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
3378+
3379+
3380+
3381+temporary custodian of the child. 2276
3382+ Section 41. Subsection (8) of section 40.24, Florida 2277
3383+Statutes, is amended to read: 2278
3384+ 40.24 Compensation and reimbursement policy. — 2279
3385+ (8) In circuits that elect to allow jurors to donate their 2280
3386+jury service fee upon conclusion of juror service, each juror 2281
3387+may irrevocably donate all of the juror's compensation to the 26 2282
3388+U.S.C. s. 501(c)(3) organization specified by the Statewide 2283
3389+Guardian ad Litem Office program or to a domestic violence 2284
3390+shelter as specified annually on a rotating basis by the clerk 2285
3391+of court in the circuit for the juror's county of residence. The 2286
3392+funds collected may not reduce or offset the amount of 2287
3393+compensation that the Statewide Guardian ad Litem Office program 2288
3394+or domestic violence shelter would otherwise receive from the 2289
3395+state. The clerk of court shall ensure that all jurors are given 2290
3396+written notice at the conclusion of their service that they have 2291
3397+the option to so donate their compensation, and that the 2292
3398+applicable program specified by the Statewide Guardian ad Litem 2293
3399+Office program or a domestic violence shelter receives all funds 2294
3400+donated by the jurors. Any circuit guardian ad litem office 2295
3401+program receiving donations of juror compensation must expend 2296
3402+such moneys on services for children for whom guardians ad litem 2297
3403+have been appointed. 2298
3404+ Section 42. Subsections (5), (6), and (7) of section 2299
3405+43.16, Florida Statutes, are amended to read: 2300
3406+
3407+CS/HB 185 2024
3408+
3409+
3410+
3411+CODING: Words stricken are deletions; words underlined are additions.
3412+hb0185-01-c1
3413+Page 93 of 127
3414+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
3415+
3416+
3417+
3418+ 43.16 Justice Administrative Commission; membership, 2301
3419+powers and duties.— 2302
3420+ (5) The duties of the commission shall include, but not be 2303
3421+limited to, the following: 2304
3422+ (a) The maintenance of a central state office for 2305
3423+administrative services and assistance when possible to and on 2306
3424+behalf of the state attorneys and public defenders of Florida, 2307
3425+the capital collateral regional counsel of Florida, the criminal 2308
3426+conflict and civil regional counsel, and the Statewide Guardian 2309
3427+Ad Litem Office Program. 2310
3428+ (b) Each state attorney, public defender, and criminal 2311
3429+conflict and civil regional counsel and the Statewide Guardian 2312
3430+Ad Litem Office Program shall continue to prepare necessary 2313
3431+budgets, vouchers that represent valid claims for reimbursement 2314
3432+by the state for authorized expenses, and other things 2315
3433+incidental to the proper administrative operation of the office, 2316
3434+such as revenue transmittals to the Chief Financial Officer and 2317
3435+automated systems plans, but will forward such items to the 2318
3436+commission for recording and submission to the proper state 2319
3437+officer. However, when requested by a state attorney, a public 2320
3438+defender, a criminal conflict and civil regional counsel, or the 2321
3439+Statewide Guardian Ad Litem Office Program, the commission will 2322
3440+either assist in the preparation of budget requests, voucher 2323
3441+schedules, and other forms and reports or accomplish the entire 2324
3442+project involved. 2325
3443+
3444+CS/HB 185 2024
3445+
3446+
3447+
3448+CODING: Words stricken are deletions; words underlined are additions.
3449+hb0185-01-c1
3450+Page 94 of 127
3451+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
3452+
3453+
3454+
3455+ (6) The commission, each state attorney, each public 2326
3456+defender, the criminal conflict and civil regional counsel, the 2327
3457+capital collateral regional counsel, and the Statewide Guardian 2328
3458+Ad Litem Office Program shall establish and maintain internal 2329
3459+controls designed to: 2330
3460+ (a) Prevent and detect fraud, waste, and abuse as def ined 2331
3461+in s. 11.45(1). 2332
3462+ (b) Promote and encourage compliance with applicable laws, 2333
3463+rules, contracts, grant agreements, and best practices. 2334
3464+ (c) Support economical and efficient operations. 2335
3465+ (d) Ensure reliability of financial records and reports. 2336
3466+ (e) Safeguard assets. 2337
3467+ (7) The provisions contained in This section is shall be 2338
3468+supplemental to those of chapter 27, relating to state 2339
3469+attorneys, public defenders, criminal conflict and civil 2340
3470+regional counsel, and capital collateral regional counsel; to 2341
3471+those of chapter 39, relating to the Statewide Guardian Ad Litem 2342
3472+Office Program; or to other laws pertaining hereto. 2343
3473+ Section 43. Paragraph (a) of subsection (1) and subsection 2344
3474+(4) of section 61.402, Florida Statutes, are amended to read: 2345
3475+ 61.402 Qualifications of guardians ad litem. — 2346
3476+ (1) A person appointed as a guardian ad litem pursuant to 2347
3477+s. 61.401 must be: 2348
3478+ (a) Certified by the Statewide Guardian Ad Litem Office 2349
3479+Program pursuant to s. 39.821; 2350
3480+
3481+CS/HB 185 2024
3482+
3483+
3484+
3485+CODING: Words stricken are deletions; words underlined are additions.
3486+hb0185-01-c1
3487+Page 95 of 127
3488+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
3489+
3490+
3491+
3492+ (4) Nothing in this section requires the Statewide 2351
3493+Guardian Ad Litem Office Program or a not-for-profit legal aid 2352
3494+organization to train or certify guardians ad litem appointed 2353
3495+under this chapter. 2354
3496+ Section 44. Paragraph (x) of subsection (2) of section 2355
3497+110.205, Florida Statutes, is amended to read: 2356
3498+ 110.205 Career service; exemptions. — 2357
3499+ (2) EXEMPT POSITIONS. —The exempt positions that are not 2358
3500+covered by this part include the following: 2359
3501+ (x) All officers and employees of the Justice 2360
3502+Administrative Commission, Office of the State Attorney, Office 2361
3503+of the Public Defender, regional offices of capital collateral 2362
3504+counsel, offices of criminal conflict and civil regional 2363
3505+counsel, and Statewide Guardian Ad Litem Office, including the 2364
3506+circuit guardian ad litem offices programs. 2365
3507+ Section 45. Paragraph (b) of subsection (96) of section 2366
3508+320.08058, Florida Statutes, is amended to read: 2367
3509+ 320.08058 Specialty license plates. — 2368
3510+ (96) GUARDIAN AD LITEM LICENSE PLATES. — 2369
3511+ (b) The annual use fees from the sale of the plate shall 2370
3512+be distributed to the Florida Guardian A d Litem Foundation, 2371
3513+Inc., a direct-support organization and a nonprofit corporation 2372
3514+under s. 501(c)(3) of the Internal Revenue Code. Up to 10 2373
3515+percent of the proceeds may be used for administrative costs and 2374
3516+the marketing of the plate. The remainder of the proceeds must 2375
3517+
3518+CS/HB 185 2024
3519+
3520+
3521+
3522+CODING: Words stricken are deletions; words underlined are additions.
3523+hb0185-01-c1
3524+Page 96 of 127
3525+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
3526+
3527+
3528+
3529+be used in this state to support the mission and efforts of the 2376
3530+Statewide Guardian Ad Litem Office Program to represent abused, 2377
3531+abandoned, and neglected children and advocate for their best 2378
3532+interests; recruit and retain volunteer child advoca tes; and 2379
3533+meet the unique needs of the dependent children the program 2380
3534+serves. 2381
3535+ Section 46. Paragraph (e) of subsection (3) of section 2382
3536+943.053, Florida Statutes, is amended to read: 2383
3537+ 943.053 Dissemination of criminal justice information; 2384
3538+fees.— 2385
3539+ (3) 2386
3540+ (e) The fee per record for criminal history information 2387
3541+provided pursuant to this subsection and s. 943.0542 is $24 per 2388
3542+name submitted, except that the fee for the Statewide Guardian 2389
3543+Ad Litem Office program and vendors of the Department of 2390
3544+Children and Families, the Department of Juvenile Justice, the 2391
3545+Agency for Persons with Disabilities, and the Department of 2392
3546+Elderly Affairs is $8 for each name submitted; the fee for a 2393
3547+state criminal history provided for application processing as 2394
3548+required by law to be perfor med by the Department of Agriculture 2395
3549+and Consumer Services is $15 for each name submitted; and the 2396
3550+fee for requests under s. 943.0542, which implements the 2397
3551+National Child Protection Act, is $18 for each volunteer name 2398
3552+submitted. An office of the public def ender or an office of 2399
3553+criminal conflict and civil regional counsel may not be assessed 2400
3554+
3555+CS/HB 185 2024
3556+
3557+
3558+
3559+CODING: Words stricken are deletions; words underlined are additions.
3560+hb0185-01-c1
3561+Page 97 of 127
3562+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
3563+
3564+
3565+
3566+a fee for Florida criminal history information or wanted person 2401
3567+information. 2402
3568+ Section 47. Subsection (2) of section 985.43, Florida 2403
3569+Statutes, is amended to read: 2404
3570+ 985.43 Predisposition reports; other evaluations. — 2405
3571+ (2) The court shall consider the child's entire assessment 2406
3572+and predisposition report and shall review the records of 2407
3573+earlier judicial proceedings before making a final disposition 2408
3574+of the case. If the child is under the jurisdiction of a 2409
3575+dependency court, the court may receive and consider any 2410
3576+information provided by the Statewide Guardian Ad Litem Office 2411
3577+Program and the child's attorney ad litem, if one is appointed. 2412
3578+The court may, by order, require additio nal evaluations and 2413
3579+studies to be performed by the department; the county school 2414
3580+system; or any social, psychological, or psychiatric agency of 2415
3581+the state. The court shall order the educational needs 2416
3582+assessment completed under s. 985.18(2) to be included in the 2417
3583+assessment and predisposition report. 2418
3584+ Section 48. Subsection (4) of section 985.441, Florida 2419
3585+Statutes, is amended to read: 2420
3586+ 985.441 Commitment. — 2421
3587+ (4) The department may transfer a child, when necessary to 2422
3588+appropriately administer the child's commitment, from one 2423
3589+facility or program to another facility or program operated, 2424
3590+contracted, subcontracted, or designated by the department, 2425
3591+
3592+CS/HB 185 2024
3593+
3594+
3595+
3596+CODING: Words stricken are deletions; words underlined are additions.
3597+hb0185-01-c1
3598+Page 98 of 127
3599+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
3600+
3601+
3602+
3603+including a postcommitment nonresidential conditional release 2426
3604+program, except that the department may not transfer any child 2427
3605+adjudicated solely for a misdemeanor to a residential program 2428
3606+except as provided in subsection (2). The department shall 2429
3607+notify the court that commi tted the child to the department and 2430
3608+any attorney of record for the child, in writing, of its intent 2431
3609+to transfer the child from a commitment facility or program to 2432
3610+another facility or program of a higher or lower restrictiveness 2433
3611+level. If the child is unde r the jurisdiction of a dependency 2434
3612+court, the department shall also provide notice to the 2435
3613+dependency court, and the Department of Children and Families, 2436
3614+and, if appointed, the Statewide Guardian Ad Litem Office, 2437
3615+Program and the child's attorney ad litem , if one is appointed. 2438
3616+The court that committed the child may agree to the transfer or 2439
3617+may set a hearing to review the transfer. If the court does not 2440
3618+respond within 10 days after receipt of the notice, the transfer 2441
3619+of the child shall be deemed granted. 2442
3620+ Section 49. Subsection (3) of section 985.455, Florida 2443
3621+Statutes, is amended to read: 2444
3622+ 985.455 Other dispositional issues. — 2445
3623+ (3) Any commitment of a delinquent child to the department 2446
3624+must be for an indeterminate period of time, which may include 2447
3625+periods of temporary release; however, the period of time may 2448
3626+not exceed the maximum term of imprisonment that an adult may 2449
3627+serve for the same offense, except that the duration of a 2450
3628+
3629+CS/HB 185 2024
3630+
3631+
3632+
3633+CODING: Words stricken are deletions; words underlined are additions.
3634+hb0185-01-c1
3635+Page 99 of 127
3636+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
3637+
3638+
3639+
3640+minimum-risk nonresidential commitment for an offense that is a 2451
3641+misdemeanor of the second degree, or is equivalent to a 2452
3642+misdemeanor of the second degree, may be for a period not to 2453
3643+exceed 6 months. The duration of the child's placement in a 2454
3644+commitment program of any restrictiveness level shall be based 2455
3645+on objective performance -based treatment planning. The child's 2456
3646+treatment plan progress and adjustment -related issues shall be 2457
3647+reported to the court quarterly, unless the court requests 2458
3648+monthly reports. If the child is under the jurisdiction of a 2459
3649+dependency court, the court may receive and c onsider any 2460
3650+information provided by the Statewide Guardian Ad Litem Office 2461
3651+Program or the child's attorney ad litem, if one is appointed. 2462
3652+The child's length of stay in a commitment program may be 2463
3653+extended if the child fails to comply with or participate in 2464
3654+treatment activities. The child's length of stay in the program 2465
3655+shall not be extended for purposes of sanction or punishment. 2466
3656+Any temporary release from such program must be approved by the 2467
3657+court. Any child so committed may be discharged from 2468
3658+institutional confinement or a program upon the direction of the 2469
3659+department with the concurrence of the court. The child's 2470
3660+treatment plan progress and adjustment -related issues must be 2471
3661+communicated to the court at the time the department requests 2472
3662+the court to consider releasing the child from the commitment 2473
3663+program. The department shall give the court that committed the 2474
3664+child to the department reasonable notice, in writing, of its 2475
3665+
3666+CS/HB 185 2024
3667+
3668+
3669+
3670+CODING: Words stricken are deletions; words underlined are additions.
3671+hb0185-01-c1
3672+Page 100 of 127
3673+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
3674+
3675+
3676+
3677+desire to discharge the child from a commitment facility. The 2476
3678+court that committed the ch ild may thereafter accept or reject 2477
3679+the request. If the court does not respond within 10 days after 2478
3680+receipt of the notice, the request of the department shall be 2479
3681+deemed granted. This section does not limit the department's 2480
3682+authority to revoke a child's tem porary release status and 2481
3683+return the child to a commitment facility for any violation of 2482
3684+the terms and conditions of the temporary release. 2483
3685+ Section 50. Paragraph (b) of subsection (4) of section 2484
3686+985.461, Florida Statutes, is amended to read: 2485
3687+ 985.461 Transition to adulthood. — 2486
3688+ (4) As part of the child's treatment plan, the department 2487
3689+may provide transition -to-adulthood services to children 2488
3690+released from residential commitment. To support participation 2489
3691+in transition-to-adulthood services and subject to 2490
3692+appropriation, the department may: 2491
3693+ (b) Use community reentry teams to assist in the 2492
3694+development of a list of age -appropriate activities and 2493
3695+responsibilities to be incorporated in the child's written case 2494
3696+plan for any youth who is under the custody or su pervision of 2495
3697+the department. Community reentry teams may include 2496
3698+representatives from school districts, law enforcement, 2497
3699+workforce development services, community -based service 2498
3700+providers, the Statewide Guardian Ad Litem Office Program, and 2499
3701+the youth's family. Such community reentry teams must be created 2500
3702+
3703+CS/HB 185 2024
3704+
3705+
3706+
3707+CODING: Words stricken are deletions; words underlined are additions.
3708+hb0185-01-c1
3709+Page 101 of 127
3710+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
3711+
3712+
3713+
3714+within existing resources provided to the department. Activities 2501
3715+may include, but are not limited to, life skills training, 2502
3716+including training to develop banking and budgeting skills, 2503
3717+interviewing and career planning skills, parenting skills, 2504
3718+personal health management, and time management or 2505
3719+organizational skills; educational support; employment training; 2506
3720+and counseling. 2507
3721+ Section 51. Paragraph (h) of subsection (11) of section 2508
3722+985.48, Florida Statutes, is amended to read: 2509
3723+ 985.48 Juvenile sexual offender commitment programs; 2510
3724+sexual abuse intervention networks. — 2511
3725+ (11) Membership of a sexual abuse intervention network 2512
3726+shall include, but is not limited to, representatives from: 2513
3727+ (h) The Statewide Guardian Ad Litem Office program; 2514
3728+ Section 52. Subsection (1) of section 39.302, Florida 2515
3729+Statutes, is amended to read: 2516
3730+ 39.302 Protective investigations of institutional child 2517
3731+abuse, abandonment, or neglect. — 2518
3732+ (1) The department shall conduct a child protective 2519
3733+investigation of each report of institutional child abuse, 2520
3734+abandonment, or neglect. Upon receipt of a report that alleges 2521
3735+that an employee or agent of the department, or any other entity 2522
3736+or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54) , 2523
3737+acting in an official capacity, has committed an act of child 2524
3738+abuse, abandonment, or neglect, the department shall initiate a 2525
3739+
3740+CS/HB 185 2024
3741+
3742+
3743+
3744+CODING: Words stricken are deletions; words underlined are additions.
3745+hb0185-01-c1
3746+Page 102 of 127
3747+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
3748+
3749+
3750+
3751+child protective investigation within the timeframe established 2526
3752+under s. 39.101(2) and notify the appropriate state attorney, 2527
3753+law enforcement agency, and licensing agency, which shall 2528
3754+immediately conduct a joint investigation, unless independent 2529
3755+investigations are more feasible. When conducting investigations 2530
3756+or having face-to-face interviews with the child, investigation 2531
3757+visits shall be unannounced unless it is determined by the 2532
3758+department or its agent that unannounced visits threaten the 2533
3759+safety of the child. If a facility is exempt from licensing, the 2534
3760+department shall inform the owner or operator of the facility of 2535
3761+the report. Each agency conducting a joint investigation is 2536
3762+entitled to full access to the information gathered by the 2537
3763+department in the course of the investigation. A protective 2538
3764+investigation must include an interview with t he child's parent 2539
3765+or legal guardian. The department shall make a full written 2540
3766+report to the state attorney within 3 business days after making 2541
3767+the oral report. A criminal investigation shall be coordinated, 2542
3768+whenever possible, with the child protective inve stigation of 2543
3769+the department. Any interested person who has information 2544
3770+regarding the offenses described in this subsection may forward 2545
3771+a statement to the state attorney as to whether prosecution is 2546
3772+warranted and appropriate. Within 15 days after the comple tion 2547
3773+of the investigation, the state attorney shall report the 2548
3774+findings to the department and shall include in the report a 2549
3775+determination of whether or not prosecution is justified and 2550
3776+
3777+CS/HB 185 2024
3778+
3779+
3780+
3781+CODING: Words stricken are deletions; words underlined are additions.
3782+hb0185-01-c1
3783+Page 103 of 127
3784+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
3785+
3786+
3787+
3788+appropriate in view of the circumstances of the specific case. 2551
3789+ Section 53. Paragraph (c) of subsection (1) of section 2552
3790+39.521, Florida Statutes, is amended to read: 2553
3791+ 39.521 Disposition hearings; powers of disposition. — 2554
3792+ (1) A disposition hearing shall be conducted by the court, 2555
3793+if the court finds that the facts alleged i n the petition for 2556
3794+dependency were proven in the adjudicatory hearing, or if the 2557
3795+parents or legal custodians have consented to the finding of 2558
3796+dependency or admitted the allegations in the petition, have 2559
3797+failed to appear for the arraignment hearing after pr oper 2560
3798+notice, or have not been located despite a diligent search 2561
3799+having been conducted. 2562
3800+ (c) When any child is adjudicated by a court to be 2563
3801+dependent, the court having jurisdiction of the child has the 2564
3802+power by order to: 2565
3803+ 1. Require the parent and, when a ppropriate, the legal 2566
3804+guardian or the child to participate in treatment and services 2567
3805+identified as necessary. The court may require the person who 2568
3806+has custody or who is requesting custody of the child to submit 2569
3807+to a mental health or substance abuse disorde r assessment or 2570
3808+evaluation. The order may be made only upon good cause shown and 2571
3809+pursuant to notice and procedural requirements provided under 2572
3810+the Florida Rules of Juvenile Procedure. The mental health 2573
3811+assessment or evaluation must be administered by a qua lified 2574
3812+professional as defined in s. 39.01, and the substance abuse 2575
3813+
3814+CS/HB 185 2024
3815+
3816+
3817+
3818+CODING: Words stricken are deletions; words underlined are additions.
3819+hb0185-01-c1
3820+Page 104 of 127
3821+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
3822+
3823+
3824+
3825+assessment or evaluation must be administered by a qualified 2576
3826+professional as defined in s. 397.311. The court may also 2577
3827+require such person to participate in and comply with treatment 2578
3828+and services identified as necessary, including, when 2579
3829+appropriate and available, participation in and compliance with 2580
3830+a mental health court program established under chapter 394 or a 2581
3831+treatment-based drug court program established under s. 397.334. 2582
3832+Adjudication of a child as dependent based upon evidence of harm 2583
3833+as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good 2584
3834+cause, and the court shall require the parent whose actions 2585
3835+caused the harm to submit to a substance abuse disorder 2586
3836+assessment or evaluation and to participate and comply with 2587
3837+treatment and services identified in the assessment or 2588
3838+evaluation as being necessary. In addition to supervision by the 2589
3839+department, the court, including the mental health court program 2590
3840+or the treatment-based drug court program, may oversee the 2591
3841+progress and compliance with treatment by a person who has 2592
3842+custody or is requesting custody of the child. The court may 2593
3843+impose appropriate available sanctions for noncompliance upon a 2594
3844+person who has custody or is requesting custody of the child or 2595
3845+make a finding of noncompliance for consideration in determining 2596
3846+whether an alternative placement of the child is in the child's 2597
3847+best interests. Any order entered under this subparagraph may be 2598
3848+made only upon good cause shown. This subparag raph does not 2599
3849+authorize placement of a child with a person seeking custody of 2600
3850+
3851+CS/HB 185 2024
3852+
3853+
3854+
3855+CODING: Words stricken are deletions; words underlined are additions.
3856+hb0185-01-c1
3857+Page 105 of 127
3858+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
3859+
3860+
3861+
3862+the child, other than the child's parent or legal custodian, who 2601
3863+requires mental health or substance abuse disorder treatment. 2602
3864+ 2. Require, if the court deems necessary, the par ties to 2603
3865+participate in dependency mediation. 2604
3866+ 3. Require placement of the child either under the 2605
3867+protective supervision of an authorized agent of the department 2606
3868+in the home of one or both of the child's parents or in the home 2607
3869+of a relative of the child or another adult approved by the 2608
3870+court, or in the custody of the department. Protective 2609
3871+supervision continues until the court terminates it or until the 2610
3872+child reaches the age of 18, whichever date is first. Protective 2611
3873+supervision shall be terminated by the c ourt whenever the court 2612
3874+determines that permanency has been achieved for the child, 2613
3875+whether with a parent, another relative, or a legal custodian, 2614
3876+and that protective supervision is no longer needed. The 2615
3877+termination of supervision may be with or without re taining 2616
3878+jurisdiction, at the court's discretion, and shall in either 2617
3879+case be considered a permanency option for the child. The order 2618
3880+terminating supervision by the department must set forth the 2619
3881+powers of the custodian of the child and include the powers 2620
3882+ordinarily granted to a guardian of the person of a minor unless 2621
3883+otherwise specified. Upon the court's termination of supervision 2622
3884+by the department, further judicial reviews are not required if 2623
3885+permanency has been established for the child. 2624
3886+ 4. Determine whether the child has a strong attachment to 2625
3887+
3888+CS/HB 185 2024
3889+
3890+
3891+
3892+CODING: Words stricken are deletions; words underlined are additions.
3893+hb0185-01-c1
3894+Page 106 of 127
3895+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
3896+
3897+
3898+
3899+the prospective permanent guardian and whether such guardian has 2626
3900+a strong commitment to permanently caring for the child. 2627
3901+ Section 54. Paragraph (c) of subsection (2) of section 2628
3902+61.13, Florida Statutes, is amen ded to read: 2629
3903+ 61.13 Support of children; parenting and time -sharing; 2630
3904+powers of court.— 2631
3905+ (2) 2632
3906+ (c) The court shall determine all matters relating to 2633
3907+parenting and time-sharing of each minor child of the parties in 2634
3908+accordance with the best interests of the child and in 2635
3909+accordance with the Uniform Child Custody Jurisdiction and 2636
3910+Enforcement Act, except that modification of a parenting plan 2637
3911+and time-sharing schedule requires a showing of a substantial 2638
3912+and material change of circumstances. 2639
3913+ 1. It is the public policy of this state that each minor 2640
3914+child has frequent and continuing contact with both parents 2641
3915+after the parents separate or the marriage of the parties is 2642
3916+dissolved and to encourage parents to share the rights and 2643
3917+responsibilities, and joys, of childrearing. Unless otherwise 2644
3918+provided in this section or agreed to by the parties, there is a 2645
3919+rebuttable presumption that equal time -sharing of a minor child 2646
3920+is in the best interests of the minor child. To rebut this 2647
3921+presumption, a party mus t prove by a preponderance of the 2648
3922+evidence that equal time -sharing is not in the best interests of 2649
3923+the minor child. Except when a time -sharing schedule is agreed 2650
3924+
3925+CS/HB 185 2024
3926+
3927+
3928+
3929+CODING: Words stricken are deletions; words underlined are additions.
3930+hb0185-01-c1
3931+Page 107 of 127
3932+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
3933+
3934+
3935+
3936+to by the parties and approved by the court, the court must 2651
3937+evaluate all of the factors set fo rth in subsection (3) and make 2652
3938+specific written findings of fact when creating or modifying a 2653
3939+time-sharing schedule. 2654
3940+ 2. The court shall order that the parental responsibility 2655
3941+for a minor child be shared by both parents unless the court 2656
3942+finds that shared parental responsibility would be detrimental 2657
3943+to the child. In determining detriment to the child, the court 2658
3944+shall consider: 2659
3945+ a. Evidence of domestic violence, as defined in s. 741.28; 2660
3946+ b. Whether either parent has or has had reasonable cause 2661
3947+to believe that he or she or his or her minor child or children 2662
3948+are or have been in imminent danger of becoming victims of an 2663
3949+act of domestic violence as defined in s. 741.28 or sexual 2664
3950+violence as defined in s. 784.046(1)(c) by the other parent 2665
3951+against the parent or a gainst the child or children whom the 2666
3952+parents share in common regardless of whether a cause of action 2667
3953+has been brought or is currently pending in the court; 2668
3954+ c. Whether either parent has or has had reasonable cause 2669
3955+to believe that his or her minor child o r children are or have 2670
3956+been in imminent danger of becoming victims of an act of abuse 2671
3957+as defined in s. 39.01(2) , abandonment as defined in s. 2672
3958+39.01(1), or neglect, as those terms are defined in s. 39.01, s. 2673
3959+39.01(50) by the other parent against the child o r children whom 2674
3960+the parents share in common regardless of whether a cause of 2675
3961+
3962+CS/HB 185 2024
3963+
3964+
3965+
3966+CODING: Words stricken are deletions; words underlined are additions.
3967+hb0185-01-c1
3968+Page 108 of 127
3969+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
3970+
3971+
3972+
3973+action has been brought or is currently pending in the court; 2676
3974+and 2677
3975+ d. Any other relevant factors. 2678
3976+ 3. The following evidence creates a rebuttable presumption 2679
3977+that shared parental responsibility is detrimental to the child: 2680
3978+ a. A parent has been convicted of a misdemeanor of the 2681
3979+first degree or higher involving domestic violence, as defined 2682
3980+in s. 741.28 and chapter 775; 2683
3981+ b. A parent meets the criteria of s. 39.806(1)(d); or 2684
3982+ c. A parent has been convicted of or had adjudication 2685
3983+withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2686
3984+at the time of the offense: 2687
3985+ (I) The parent was 18 years of age or older. 2688
3986+ (II) The victim was under 18 years of age or the parent 2689
3987+believed the victim to be under 18 years of age. 2690
3988+ 2691
3989+If the presumption is not rebutted after the convicted parent is 2692
3990+advised by the court that the presumption exists, shared 2693
3991+parental responsibility, including time -sharing with the child, 2694
3992+and decisions made regardi ng the child, may not be granted to 2695
3993+the convicted parent. However, the convicted parent is not 2696
3994+relieved of any obligation to provide financial support. If the 2697
3995+court determines that shared parental responsibility would be 2698
3996+detrimental to the child, it may or der sole parental 2699
3997+responsibility and make such arrangements for time -sharing as 2700
3998+
3999+CS/HB 185 2024
4000+
4001+
4002+
4003+CODING: Words stricken are deletions; words underlined are additions.
4004+hb0185-01-c1
4005+Page 109 of 127
4006+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
4007+
4008+
4009+
4010+specified in the parenting plan as will best protect the child 2701
4011+or abused spouse from further harm. Whether or not there is a 2702
4012+conviction of any offense of domestic violence or c hild abuse or 2703
4013+the existence of an injunction for protection against domestic 2704
4014+violence, the court shall consider evidence of domestic violence 2705
4015+or child abuse as evidence of detriment to the child. 2706
4016+ 4. In ordering shared parental responsibility, the court 2707
4017+may consider the expressed desires of the parents and may grant 2708
4018+to one party the ultimate responsibility over specific aspects 2709
4019+of the child's welfare or may divide those responsibilities 2710
4020+between the parties based on the best interests of the child. 2711
4021+Areas of responsibility may include education, health care, and 2712
4022+any other responsibilities that the court finds unique to a 2713
4023+particular family. 2714
4024+ 5. The court shall order sole parental responsibility for 2715
4025+a minor child to one parent, with or without time -sharing with 2716
4026+the other parent if it is in the best interests of the minor 2717
4027+child. 2718
4028+ 6. There is a rebuttable presumption against granting 2719
4029+time-sharing with a minor child if a parent has been convicted 2720
4030+of or had adjudication withheld for an offense enumerated in s. 2721
4031+943.0435(1)(h)1.a., and at the time of the offense: 2722
4032+ a. The parent was 18 years of age or older. 2723
4033+ b. The victim was under 18 years of age or the parent 2724
4034+believed the victim to be under 18 years of age. 2725
4035+
4036+CS/HB 185 2024
4037+
4038+
4039+
4040+CODING: Words stricken are deletions; words underlined are additions.
4041+hb0185-01-c1
4042+Page 110 of 127
4043+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
4044+
4045+
4046+
4047+ 2726
4048+A parent may rebut the presumption upon a specific find ing in 2727
4049+writing by the court that the parent poses no significant risk 2728
4050+of harm to the child and that time -sharing is in the best 2729
4051+interests of the minor child. If the presumption is rebutted, 2730
4052+the court must consider all time -sharing factors in subsection 2731
4053+(3) when developing a time -sharing schedule. 2732
4054+ 7. Access to records and information pertaining to a minor 2733
4055+child, including, but not limited to, medical, dental, and 2734
4056+school records, may not be denied to either parent. Full rights 2735
4057+under this subparagraph apply to either parent unless a court 2736
4058+order specifically revokes these rights, including any 2737
4059+restrictions on these rights as provided in a domestic violence 2738
4060+injunction. A parent having rights under this subparagraph has 2739
4061+the same rights upon request as to form, s ubstance, and manner 2740
4062+of access as are available to the other parent of a child, 2741
4063+including, without limitation, the right to in -person 2742
4064+communication with medical, dental, and education providers. 2743
4065+ Section 55. Paragraph (d) of subsection (4) of section 2744
4066+119.071, Florida Statutes, is amended to read: 2745
4067+ 119.071 General exemptions from inspection or copying of 2746
4068+public records.— 2747
4069+ (4) AGENCY PERSONNEL INFORMATION. — 2748
4070+ (d)1. For purposes of this paragraph, the term: 2749
4071+ a. "Home addresses" means the dwelling locatio n at which 2750
4072+
4073+CS/HB 185 2024
4074+
4075+
4076+
4077+CODING: Words stricken are deletions; words underlined are additions.
4078+hb0185-01-c1
4079+Page 111 of 127
4080+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
4081+
4082+
4083+
4084+an individual resides and includes the physical address, mailing 2751
4085+address, street address, parcel identification number, plot 2752
4086+identification number, legal property description, neighborhood 2753
4087+name and lot number, GPS coordinates, and any other desc riptive 2754
4088+property information that may reveal the home address. 2755
4089+ b. "Judicial assistant" means a court employee assigned to 2756
4090+the following class codes: 8140, 8150, 8310, and 8320. 2757
4091+ c. "Telephone numbers" includes home telephone numbers, 2758
4092+personal cellular telephone numbers, personal pager telephone 2759
4093+numbers, and telephone numbers associated with personal 2760
4094+communications devices. 2761
4095+ 2.a. The home addresses, telephone numbers, dates of 2762
4096+birth, and photographs of active or former sworn law enforcement 2763
4097+personnel or of active or former civilian personnel employed by 2764
4098+a law enforcement agency, including correctional and 2765
4099+correctional probati on officers, personnel of the Department of 2766
4100+Children and Families whose duties include the investigation of 2767
4101+abuse, neglect, exploitation, fraud, theft, or other criminal 2768
4102+activities, personnel of the Department of Health whose duties 2769
4103+are to support the inve stigation of child abuse or neglect, and 2770
4104+personnel of the Department of Revenue or local governments 2771
4105+whose responsibilities include revenue collection and 2772
4106+enforcement or child support enforcement; the names, home 2773
4107+addresses, telephone numbers, photographs, dates of birth, and 2774
4108+places of employment of the spouses and children of such 2775
4109+
4110+CS/HB 185 2024
4111+
4112+
4113+
4114+CODING: Words stricken are deletions; words underlined are additions.
4115+hb0185-01-c1
4116+Page 112 of 127
4117+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
4118+
4119+
4120+
4121+personnel; and the names and locations of schools and day care 2776
4122+facilities attended by the children of such personnel are exempt 2777
4123+from s. 119.07(1) and s. 24(a), Art. I of the State 2778
4124+Constitution. 2779
4125+ b. The home addresses, telephone numbers, dates of birth, 2780
4126+and photographs of current or former nonsworn investigative 2781
4127+personnel of the Department of Financial Services whose duties 2782
4128+include the investigation of fraud, theft, workers' compen sation 2783
4129+coverage requirements and compliance, other related criminal 2784
4130+activities, or state regulatory requirement violations; the 2785
4131+names, home addresses, telephone numbers, dates of birth, and 2786
4132+places of employment of the spouses and children of such 2787
4133+personnel; and the names and locations of schools and day care 2788
4134+facilities attended by the children of such personnel are exempt 2789
4135+from s. 119.07(1) and s. 24(a), Art. I of the State 2790
4136+Constitution. 2791
4137+ c. The home addresses, telephone numbers, dates of birth, 2792
4138+and photographs of current or former nonsworn investigative 2793
4139+personnel of the Office of Financial Regulation's Bureau of 2794
4140+Financial Investigations whose duties include the investigation 2795
4141+of fraud, theft, other related criminal activities, or state 2796
4142+regulatory requirement violations; the names, home addresses, 2797
4143+telephone numbers, dates of birth, and places of employment of 2798
4144+the spouses and children of such personnel; and the names and 2799
4145+locations of schools and day care facilities attended by the 2800
4146+
4147+CS/HB 185 2024
4148+
4149+
4150+
4151+CODING: Words stricken are deletions; words underlined are additions.
4152+hb0185-01-c1
4153+Page 113 of 127
4154+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
4155+
4156+
4157+
4158+children of such personnel are exempt from s. 119.07(1) and s. 2801
4159+24(a), Art. I of the State Constitution. 2802
4160+ d. The home addresses, telephone numbers, dates of birth, 2803
4161+and photographs of current or former firefighters certified in 2804
4162+compliance with s. 633.408; the names, home addresses, tele phone 2805
4163+numbers, photographs, dates of birth, and places of employment 2806
4164+of the spouses and children of such firefighters; and the names 2807
4165+and locations of schools and day care facilities attended by the 2808
4166+children of such firefighters are exempt from s. 119.07(1) and 2809
4167+s. 24(a), Art. I of the State Constitution. 2810
4168+ e. The home addresses, dates of birth, and telephone 2811
4169+numbers of current or former justices of the Supreme Court, 2812
4170+district court of appeal judges, circuit court judges, and 2813
4171+county court judges, and of current judicial assistants; the 2814
4172+names, home addresses, telephone numbers, dates of birth, and 2815
4173+places of employment of the spouses and children of current or 2816
4174+former justices and judges and of current judicial assistants; 2817
4175+and the names and locations of schools a nd day care facilities 2818
4176+attended by the children of current or former justices and 2819
4177+judges and of current judicial assistants are exempt from s. 2820
4178+119.07(1) and s. 24(a), Art. I of the State Constitution. This 2821
4179+sub-subparagraph is subject to the Open Government Sunset Review 2822
4180+Act in accordance with s. 119.15 and shall stand repealed on 2823
4181+October 2, 2028, unless reviewed and saved from repeal through 2824
4182+reenactment by the Legislature. 2825
4183+
4184+CS/HB 185 2024
4185+
4186+
4187+
4188+CODING: Words stricken are deletions; words underlined are additions.
4189+hb0185-01-c1
4190+Page 114 of 127
4191+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
4192+
4193+
4194+
4195+ f. The home addresses, telephone numbers, dates of birth, 2826
4196+and photographs of curren t or former state attorneys, assistant 2827
4197+state attorneys, statewide prosecutors, or assistant statewide 2828
4198+prosecutors; the names, home addresses, telephone numbers, 2829
4199+photographs, dates of birth, and places of employment of the 2830
4200+spouses and children of current or former state attorneys, 2831
4201+assistant state attorneys, statewide prosecutors, or assistant 2832
4202+statewide prosecutors; and the names and locations of schools 2833
4203+and day care facilities attended by the children of current or 2834
4204+former state attorneys, assistant state att orneys, statewide 2835
4205+prosecutors, or assistant statewide prosecutors are exempt from 2836
4206+s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2837
4207+ g. The home addresses, dates of birth, and telephone 2838
4208+numbers of general magistrates, special magistrates, judge s of 2839
4209+compensation claims, administrative law judges of the Division 2840
4210+of Administrative Hearings, and child support enforcement 2841
4211+hearing officers; the names, home addresses, telephone numbers, 2842
4212+dates of birth, and places of employment of the spouses and 2843
4213+children of general magistrates, special magistrates, judges of 2844
4214+compensation claims, administrative law judges of the Division 2845
4215+of Administrative Hearings, and child support enforcement 2846
4216+hearing officers; and the names and locations of schools and day 2847
4217+care facilities attended by the children of general magistrates, 2848
4218+special magistrates, judges of compensation claims, 2849
4219+administrative law judges of the Division of Administrative 2850
4220+
4221+CS/HB 185 2024
4222+
4223+
4224+
4225+CODING: Words stricken are deletions; words underlined are additions.
4226+hb0185-01-c1
4227+Page 115 of 127
4228+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
4229+
4230+
4231+
4232+Hearings, and child support enforcement hearing officers are 2851
4233+exempt from s. 119.07(1) and s . 24(a), Art. I of the State 2852
4234+Constitution. 2853
4235+ h. The home addresses, telephone numbers, dates of birth, 2854
4236+and photographs of current or former human resource, labor 2855
4237+relations, or employee relations directors, assistant directors, 2856
4238+managers, or assistant manage rs of any local government agency 2857
4239+or water management district whose duties include hiring and 2858
4240+firing employees, labor contract negotiation, administration, or 2859
4241+other personnel-related duties; the names, home addresses, 2860
4242+telephone numbers, dates of birth, an d places of employment of 2861
4243+the spouses and children of such personnel; and the names and 2862
4244+locations of schools and day care facilities attended by the 2863
4245+children of such personnel are exempt from s. 119.07(1) and s. 2864
4246+24(a), Art. I of the State Constitution. 2865
4247+ i. The home addresses, telephone numbers, dates of birth, 2866
4248+and photographs of current or former code enforcement officers; 2867
4249+the names, home addresses, telephone numbers, dates of birth, 2868
4250+and places of employment of the spouses and children of such 2869
4251+personnel; and the names and locations of schools and day care 2870
4252+facilities attended by the children of such personnel are exempt 2871
4253+from s. 119.07(1) and s. 24(a), Art. I of the State 2872
4254+Constitution. 2873
4255+ j. The home addresses, telephone numbers, places of 2874
4256+employment, dates of birth, and photographs of current or former 2875
4257+
4258+CS/HB 185 2024
4259+
4260+
4261+
4262+CODING: Words stricken are deletions; words underlined are additions.
4263+hb0185-01-c1
4264+Page 116 of 127
4265+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
4266+
4267+
4268+
4269+guardians ad litem, as defined in s. 39.01 s. 39.820; the names, 2876
4270+home addresses, telephone numbers, dates of birth, and places of 2877
4271+employment of the spouses and children of such persons; and the 2878
4272+names and locations of schools and day care facilities attended 2879
4273+by the children of such persons are exempt from s. 119.07(1) and 2880
4274+s. 24(a), Art. I of the State Constitution. 2881
4275+ k. The home addresses, telephone numbers, dates of birth, 2882
4276+and photographs of current or former juv enile probation 2883
4277+officers, juvenile probation supervisors, detention 2884
4278+superintendents, assistant detention superintendents, juvenile 2885
4279+justice detention officers I and II, juvenile justice detention 2886
4280+officer supervisors, juvenile justice residential officers, 2887
4281+juvenile justice residential officer supervisors I and II, 2888
4282+juvenile justice counselors, juvenile justice counselor 2889
4283+supervisors, human services counselor administrators, senior 2890
4284+human services counselor administrators, rehabilitation 2891
4285+therapists, and social se rvices counselors of the Department of 2892
4286+Juvenile Justice; the names, home addresses, telephone numbers, 2893
4287+dates of birth, and places of employment of spouses and children 2894
4288+of such personnel; and the names and locations of schools and 2895
4289+day care facilities attend ed by the children of such personnel 2896
4290+are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2897
4291+Constitution. 2898
4292+ l. The home addresses, telephone numbers, dates of birth, 2899
4293+and photographs of current or former public defenders, assistant 2900
4294+
4295+CS/HB 185 2024
4296+
4297+
4298+
4299+CODING: Words stricken are deletions; words underlined are additions.
4300+hb0185-01-c1
4301+Page 117 of 127
4302+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
4303+
4304+
4305+
4306+public defenders, criminal conflict and civil regional counsel, 2901
4307+and assistant criminal conflict and civil regional counsel; the 2902
4308+names, home addresses, telephone numbers, dates of birth, and 2903
4309+places of employment of the spouses and children of current or 2904
4310+former public defend ers, assistant public defenders, criminal 2905
4311+conflict and civil regional counsel, and assistant criminal 2906
4312+conflict and civil regional counsel; and the names and locations 2907
4313+of schools and day care facilities attended by the children of 2908
4314+current or former public d efenders, assistant public defenders, 2909
4315+criminal conflict and civil regional counsel, and assistant 2910
4316+criminal conflict and civil regional counsel are exempt from s. 2911
4317+119.07(1) and s. 24(a), Art. I of the State Constitution. 2912
4318+ m. The home addresses, telephone n umbers, dates of birth, 2913
4319+and photographs of current or former investigators or inspectors 2914
4320+of the Department of Business and Professional Regulation; the 2915
4321+names, home addresses, telephone numbers, dates of birth, and 2916
4322+places of employment of the spouses and ch ildren of such current 2917
4323+or former investigators and inspectors; and the names and 2918
4324+locations of schools and day care facilities attended by the 2919
4325+children of such current or former investigators and inspectors 2920
4326+are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2921
4327+Constitution. 2922
4328+ n. The home addresses, telephone numbers, and dates of 2923
4329+birth of county tax collectors; the names, home addresses, 2924
4330+telephone numbers, dates of birth, and places of employment of 2925
4331+
4332+CS/HB 185 2024
4333+
4334+
4335+
4336+CODING: Words stricken are deletions; words underlined are additions.
4337+hb0185-01-c1
4338+Page 118 of 127
4339+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
4340+
4341+
4342+
4343+the spouses and children of such tax collectors; a nd the names 2926
4344+and locations of schools and day care facilities attended by the 2927
4345+children of such tax collectors are exempt from s. 119.07(1) and 2928
4346+s. 24(a), Art. I of the State Constitution. 2929
4347+ o. The home addresses, telephone numbers, dates of birth, 2930
4348+and photographs of current or former personnel of the Department 2931
4349+of Health whose duties include, or result in, the determination 2932
4350+or adjudication of eligibility for social security disability 2933
4351+benefits, the investigation or prosecution of complaints filed 2934
4352+against health care practitioners, or the inspection of health 2935
4353+care practitioners or health care facilities licensed by the 2936
4354+Department of Health; the names, home addresses, telephone 2937
4355+numbers, dates of birth, and places of employment of the spouses 2938
4356+and children of such personnel; and the names and locations of 2939
4357+schools and day care facilities attended by the children of such 2940
4358+personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2941
4359+the State Constitution. 2942
4360+ p. The home addresses, telephone numbers, dates of birth, 2943
4361+and photographs of current or former impaired practitioner 2944
4362+consultants who are retained by an agency or current or former 2945
4363+employees of an impaired practitioner consultant whose duties 2946
4364+result in a determination of a person's skill and safety to 2947
4365+practice a licensed profession; the names, home addresses, 2948
4366+telephone numbers, dates of birth, and places of employment of 2949
4367+the spouses and children of such consultants or their employees; 2950
4368+
4369+CS/HB 185 2024
4370+
4371+
4372+
4373+CODING: Words stricken are deletions; words underlined are additions.
4374+hb0185-01-c1
4375+Page 119 of 127
4376+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
4377+
4378+
4379+
4380+and the names and locations of schools and day care facilities 2951
4381+attended by the children of such consultants or employees are 2952
4382+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2953
4383+Constitution. 2954
4384+ q. The home addresses, telephone numbers, dates of birth, 2955
4385+and photographs of current or former emergency medical 2956
4386+technicians or paramedic s certified under chapter 401; the 2957
4387+names, home addresses, telephone numbers, dates of birth, and 2958
4388+places of employment of the spouses and children of such 2959
4389+emergency medical technicians or paramedics; and the names and 2960
4390+locations of schools and day care facil ities attended by the 2961
4391+children of such emergency medical technicians or paramedics are 2962
4392+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2963
4393+Constitution. 2964
4394+ r. The home addresses, telephone numbers, dates of birth, 2965
4395+and photographs of current or former personnel employed in an 2966
4396+agency's office of inspector general or internal audit 2967
4397+department whose duties include auditing or investigating waste, 2968
4398+fraud, abuse, theft, exploitation, or other activities that 2969
4399+could lead to criminal prosecution or administrati ve discipline; 2970
4400+the names, home addresses, telephone numbers, dates of birth, 2971
4401+and places of employment of spouses and children of such 2972
4402+personnel; and the names and locations of schools and day care 2973
4403+facilities attended by the children of such personnel are e xempt 2974
4404+from s. 119.07(1) and s. 24(a), Art. I of the State 2975
4405+
4406+CS/HB 185 2024
4407+
4408+
4409+
4410+CODING: Words stricken are deletions; words underlined are additions.
4411+hb0185-01-c1
4412+Page 120 of 127
4413+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
4414+
4415+
4416+
4417+Constitution. 2976
4418+ s. The home addresses, telephone numbers, dates of birth, 2977
4419+and photographs of current or former directors, managers, 2978
4420+supervisors, nurses, and clinical employees of an addiction 2979
4421+treatment facility; the home addresses, telephone numbers, 2980
4422+photographs, dates of birth, and places of employment of the 2981
4423+spouses and children of such personnel; and the names and 2982
4424+locations of schools and day care facilities attended by the 2983
4425+children of such person nel are exempt from s. 119.07(1) and s. 2984
4426+24(a), Art. I of the State Constitution. For purposes of this 2985
4427+sub-subparagraph, the term "addiction treatment facility" means 2986
4428+a county government, or agency thereof, that is licensed 2987
4429+pursuant to s. 397.401 and provid es substance abuse prevention, 2988
4430+intervention, or clinical treatment, including any licensed 2989
4431+service component described in s. 397.311(26). 2990
4432+ t. The home addresses, telephone numbers, dates of birth, 2991
4433+and photographs of current or former directors, managers, 2992
4434+supervisors, and clinical employees of a child advocacy center 2993
4435+that meets the standards of s. 39.3035(2) and fulfills the 2994
4436+screening requirement of s. 39.3035(3), and the members of a 2995
4437+Child Protection Team as described in s. 39.303 whose duties 2996
4438+include supporting the investigation of child abuse or sexual 2997
4439+abuse, child abandonment, child neglect, and child exploitation 2998
4440+or to provide services as part of a multidisciplinary case 2999
4441+review team; the names, home addresses, telephone numbers, 3000
4442+
4443+CS/HB 185 2024
4444+
4445+
4446+
4447+CODING: Words stricken are deletions; words underlined are additions.
4448+hb0185-01-c1
4449+Page 121 of 127
4450+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
4451+
4452+
4453+
4454+photographs, dates of bi rth, and places of employment of the 3001
4455+spouses and children of such personnel and members; and the 3002
4456+names and locations of schools and day care facilities attended 3003
4457+by the children of such personnel and members are exempt from s. 3004
4458+119.07(1) and s. 24(a), Art. I of the State Constitution. 3005
4459+ u. The home addresses, telephone numbers, places of 3006
4460+employment, dates of birth, and photographs of current or former 3007
4461+staff and domestic violence advocates, as defined in s. 3008
4462+90.5036(1)(b), of domestic violence centers certified by the 3009
4463+Department of Children and Families under chapter 39; the names, 3010
4464+home addresses, telephone numbers, places of employment, dates 3011
4465+of birth, and photographs of the spouses and children of such 3012
4466+personnel; and the names and locations of schools and day care 3013
4467+facilities attended by the children of such personnel are exempt 3014
4468+from s. 119.07(1) and s. 24(a), Art. I of the State 3015
4469+Constitution. 3016
4470+ v. The home addresses, telephone numbers, dates of birth, 3017
4471+and photographs of current or former inspectors or investiga tors 3018
4472+of the Department of Agriculture and Consumer Services; the 3019
4473+names, home addresses, telephone numbers, dates of birth, and 3020
4474+places of employment of the spouses and children of current or 3021
4475+former inspectors or investigators; and the names and locations 3022
4476+of schools and day care facilities attended by the children of 3023
4477+current or former inspectors or investigators are exempt from s. 3024
4478+119.07(1) and s. 24(a), Art. I of the State Constitution. This 3025
4479+
4480+CS/HB 185 2024
4481+
4482+
4483+
4484+CODING: Words stricken are deletions; words underlined are additions.
4485+hb0185-01-c1
4486+Page 122 of 127
4487+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
4488+
4489+
4490+
4491+sub-subparagraph is subject to the Open Government Sunset Review 3026
4492+Act in accordance with s. 119.15 and shall stand repealed on 3027
4493+October 2, 2028, unless reviewed and saved from repeal through 3028
4494+reenactment by the Legislature. 3029
4495+ 3. An agency that is the custodian of the information 3030
4496+specified in subparagraph 2. and that is not t he employer of the 3031
4497+officer, employee, justice, judge, or other person specified in 3032
4498+subparagraph 2. must maintain the exempt status of that 3033
4499+information only if the officer, employee, justice, judge, other 3034
4500+person, or employing agency of the designated employ ee submits a 3035
4501+written and notarized request for maintenance of the exemption 3036
4502+to the custodial agency. The request must state under oath the 3037
4503+statutory basis for the individual's exemption request and 3038
4504+confirm the individual's status as a party eligible for ex empt 3039
4505+status. 3040
4506+ 4.a. A county property appraiser, as defined in s. 3041
4507+192.001(3), or a county tax collector, as defined in s. 3042
4508+192.001(4), who receives a written and notarized request for 3043
4509+maintenance of the exemption pursuant to subparagraph 3. must 3044
4510+comply by removing the name of the individual with exempt status 3045
4511+and the instrument number or Official Records book and page 3046
4512+number identifying the property with the exempt status from all 3047
4513+publicly available records maintained by the property appraiser 3048
4514+or tax collector. For written requests received on or before 3049
4515+July 1, 2021, a county property appraiser or county tax 3050
4516+
4517+CS/HB 185 2024
4518+
4519+
4520+
4521+CODING: Words stricken are deletions; words underlined are additions.
4522+hb0185-01-c1
4523+Page 123 of 127
4524+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
4525+
4526+
4527+
4528+collector must comply with this sub -subparagraph by October 1, 3051
4529+2021. A county property appraiser or county tax collector may 3052
4530+not remove the street addres s, legal description, or other 3053
4531+information identifying real property within the agency's 3054
4532+records so long as a name or personal information otherwise 3055
4533+exempt from inspection and copying pursuant to this section is 3056
4534+not associated with the property or otherwis e displayed in the 3057
4535+public records of the agency. 3058
4536+ b. Any information restricted from public display, 3059
4537+inspection, or copying under sub -subparagraph a. must be 3060
4538+provided to the individual whose information was removed. 3061
4539+ 5. An officer, an employee, a justice , a judge, or other 3062
4540+person specified in subparagraph 2. may submit a written request 3063
4541+for the release of his or her exempt information to the 3064
4542+custodial agency. The written request must be notarized and must 3065
4543+specify the information to be released and the par ty authorized 3066
4544+to receive the information. Upon receipt of the written request, 3067
4545+the custodial agency must release the specified information to 3068
4546+the party authorized to receive such information. 3069
4547+ 6. The exemptions in this paragraph apply to information 3070
4548+held by an agency before, on, or after the effective date of the 3071
4549+exemption. 3072
4550+ 7. Information made exempt under this paragraph may be 3073
4551+disclosed pursuant to s. 28.2221 to a title insurer authorized 3074
4552+pursuant to s. 624.401 and its affiliates as defined in s. 3075
4553+
4554+CS/HB 185 2024
4555+
4556+
4557+
4558+CODING: Words stricken are deletions; words underlined are additions.
4559+hb0185-01-c1
4560+Page 124 of 127
4561+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
4562+
4563+
4564+
4565+624.10; a title insurance agent or title insurance agency as 3076
4566+defined in s. 626.841(1) or (2), respectively; or an attorney 3077
4567+duly admitted to practice law in this state and in good standing 3078
4568+with The Florida Bar. 3079
4569+ 8. The exempt status of a home address contained i n the 3080
4570+Official Records is maintained only during the period when a 3081
4571+protected party resides at the dwelling location. Upon 3082
4572+conveyance of real property after October 1, 2021, and when such 3083
4573+real property no longer constitutes a protected party's home 3084
4574+address as defined in sub-subparagraph 1.a., the protected party 3085
4575+must submit a written request to release the removed information 3086
4576+to the county recorder. The written request to release the 3087
4577+removed information must be notarized, must confirm that a 3088
4578+protected party's request for release is pursuant to a 3089
4579+conveyance of his or her dwelling location, and must specify the 3090
4580+Official Records book and page, instrument number, or clerk's 3091
4581+file number for each document containing the information to be 3092
4582+released. 3093
4583+ 9. Upon the death of a protected party as verified by a 3094
4584+certified copy of a death certificate or court order, any party 3095
4585+can request the county recorder to release a protected 3096
4586+decedent's removed information unless there is a related request 3097
4587+on file with the county recorder for continued removal of the 3098
4588+decedent's information or unless such removal is otherwise 3099
4589+prohibited by statute or by court order. The written request to 3100
4590+
4591+CS/HB 185 2024
4592+
4593+
4594+
4595+CODING: Words stricken are deletions; words underlined are additions.
4596+hb0185-01-c1
4597+Page 125 of 127
4598+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
4599+
4600+
4601+
4602+release the removed information upon the death of a protected 3101
4603+party must attach the ce rtified copy of a death certificate or 3102
4604+court order and must be notarized, must confirm the request for 3103
4605+release is due to the death of a protected party, and must 3104
4606+specify the Official Records book and page number, instrument 3105
4607+number, or clerk's file number f or each document containing the 3106
4608+information to be released. A fee may not be charged for the 3107
4609+release of any document pursuant to such request. 3108
4610+ 10. Except as otherwise expressly provided in this 3109
4611+paragraph, this paragraph is subject to the Open Government 3110
4612+Sunset Review Act in accordance with s. 119.15 and shall stand 3111
4613+repealed on October 2, 2024, unless reviewed and saved from 3112
4614+repeal through reenactment by the Legislature. 3113
4615+ Section 56. Subsection (4) of section 322.09, Florida 3114
4616+Statutes, is amended to read : 3115
4617+ 322.09 Application of minors; responsibility for 3116
4618+negligence or misconduct of minor. — 3117
4619+ (4) Notwithstanding subsections (1) and (2), if a 3118
4620+caregiver of a minor who is under the age of 18 years and is in 3119
4621+out-of-home care as defined in s. 39.01 s. 39.01(55), an 3120
4622+authorized representative of a residential group home at which 3121
4623+such a minor resides, the caseworker at the agency at which the 3122
4624+state has placed the minor, or a guardian ad litem specifically 3123
4625+authorized by the minor's caregiver to sign for a learner's 3124
4626+driver license signs the minor's application for a learner's 3125
4627+
4628+CS/HB 185 2024
4629+
4630+
4631+
4632+CODING: Words stricken are deletions; words underlined are additions.
4633+hb0185-01-c1
4634+Page 126 of 127
4635+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
4636+
4637+
4638+
4639+driver license, that caregiver, group home representative, 3126
4640+caseworker, or guardian ad litem does not assume any obligation 3127
4641+or become liable for any damages caused by the negligence or 3128
4642+willful misconduct of the minor by reason of having signed the 3129
4643+application. Before signing the application, the caseworker, 3130
4644+authorized group home representative, or guardian ad litem shall 3131
4645+notify the caregiver or other responsible party of his or her 3132
4646+intent to sign and verify the application. 3133
4647+ Section 57. Paragraph (p) of subsection (4) of section 3134
4648+394.495, Florida Statutes, is amended to read: 3135
4649+ 394.495 Child and adolescent mental health system of care; 3136
4650+programs and services. — 3137
4651+ (4) The array of services may inclu de, but is not limited 3138
4652+to: 3139
4653+ (p) Trauma-informed services for children who have 3140
4654+suffered sexual exploitation as defined in s. 39.01(80)(g) s. 3141
4655+39.01(77)(g). 3142
4656+ Section 58. Section 627.746, Florida Statutes, is amended 3143
4657+to read: 3144
4658+ 627.746 Coverage for minors who have a learner's driver 3145
4659+license; additional premium prohibited. —An insurer that issues 3146
4660+an insurance policy on a private passenger motor vehicle to a 3147
4661+named insured who is a caregiver of a minor who is under the age 3148
4662+of 18 years and is in out -of-home care as defined in s. 39.01 s. 3149
4663+39.01(55) may not charge an additional premium for coverage of 3150
4664+
4665+CS/HB 185 2024
4666+
4667+
4668+
4669+CODING: Words stricken are deletions; words underlined are additions.
4670+hb0185-01-c1
4671+Page 127 of 127
4672+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
4673+
4674+
4675+
4676+the minor while the minor is operating the insured vehicle, for 3151
4677+the period of time that the minor has a learner's driver 3152
4678+license, until such time as the minor obtain s a driver license. 3153
4679+ Section 59. Paragraph (c) of subsection (1) of section 3154
4680+934.255, Florida Statutes, is amended to read: 3155
4681+ 934.255 Subpoenas in investigations of sexual offenses. — 3156
4682+ (1) As used in this section, the term: 3157
4683+ (c) "Sexual abuse of a child " means a criminal offense 3158
4684+based on any conduct described in s. 39.01(80) s. 39.01(77). 3159
4685+ Section 60. Subsection (5) of section 960.065, Florida 3160
4686+Statutes, is amended to read: 3161
4687+ 960.065 Eligibility for awards. — 3162
4688+ (5) A person is not ineligible for an awar d pursuant to 3163
4689+paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3164
4690+person is a victim of sexual exploitation of a child as defined 3165
4691+in s. 39.01(80)(g) s. 39.01(77)(g). 3166
4692+ Section 61. The Division of Law Revision is requested to 3167
4693+prepare a reviser's bill for the 2025 Regular Session of the 3168
4694+Legislature to substitute the term "Statewide Guardian ad Litem 3169
4695+Office" for the term "Guardian Ad Litem Program" or "Statewide 3170
4696+Guardian Ad Litem Program" throughout the Florida Statutes. 3171
4697+ Section 62. This act shall take effect July 1, 2024. 3172