Bill Text: FL S1224 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Protection of Children and Victims of Crime
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-11 - Chapter No. 2024-70 [S1224 Detail]
Download: Florida-2024-S1224-Comm_Sub.html
Bill Title: Protection of Children and Victims of Crime
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-11 - Chapter No. 2024-70 [S1224 Detail]
Download: Florida-2024-S1224-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 1224 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Children, Families, and Elder Affairs; and Senator Burton 604-03139-24 20241224c2 1 A bill to be entitled 2 An act relating to dependent children; amending s. 3 39.001, F.S.; revising the purposes of chapter 39; 4 requiring the Statewide Guardian ad Litem Office and 5 circuit guardian ad litem offices to participate in 6 the development of a certain state plan; conforming a 7 provision to changes made by the act; amending s. 8 39.00145, F.S.; authorizing a child’s attorney ad 9 litem to inspect certain records; amending s. 10 39.00146, F.S.; conforming provisions to changes made 11 by the act; amending s. 39.0016, F.S.; requiring a 12 child’s guardian ad litem be included in the 13 coordination of certain educational services; amending 14 s. 39.01, F.S.; providing and revising definitions; 15 amending s. 39.013, F.S.; requiring the court to 16 appoint a guardian ad litem for a child at the 17 earliest possible time; authorizing a guardian ad 18 litem to represent a child in other proceedings to 19 secure certain services and benefits; amending s. 20 39.01305, F.S.; conforming a provision to changes made 21 by the act; amending s. 39.0132, F.S.; authorizing a 22 child’s attorney ad litem to inspect certain records; 23 amending s. 39.0136, F.S.; revising the parties who 24 may request a continuance in a proceeding; amending s. 25 39.01375, F.S.; conforming provisions to changes made 26 by the act; amending s. 39.0139, F.S.; conforming 27 provisions to changes made by the act; amending s. 28 39.202, F.S.; requiring that certain confidential 29 records be released to the guardian ad litem and 30 attorney ad litem; conforming a cross-reference; 31 amending s. 39.402, F.S.; requiring parents to consent 32 to provide certain information to the guardian ad 33 litem and attorney ad litem; conforming provisions to 34 changes made by the act; amending s. 39.4022, F.S.; 35 revising the participants who must be invited to a 36 multidisciplinary team staffing; amending s. 39.4023, 37 F.S.; requiring that notice of a multidisciplinary 38 team staffing be provided to a child’s guardian ad 39 litem and attorney ad litem; conforming provisions to 40 changes made by the act; amending s. 39.407, F.S.; 41 conforming provisions to changes made by the act; 42 amending s. 39.4085, F.S.; providing a goal of 43 permanency; conforming provisions to changes made by 44 the act; amending ss. 39.502 and 39.522, F.S.; 45 conforming provisions to changes made by the act; 46 amending s. 39.6012, F.S.; requiring a case plan to 47 include written descriptions of certain activities; 48 conforming a cross-reference; creating s. 39.6036, 49 F.S.; providing legislative findings and intent; 50 requiring the Statewide Guardian ad Litem Office to 51 work with certain children to identify a supportive 52 adult to enter into a specified agreement; requiring 53 such agreement be documented in the child’s court 54 file; requiring the office to coordinate with the 55 Office of Continuing Care for a specified purpose; 56 amending s. 39.621, F.S.; conforming provisions to 57 changes made by the act; amending s. 39.6241, F.S.; 58 requiring a guardian ad litem to advise the court 59 regarding certain information and to ensure a certain 60 agreement has been documented in the child’s court 61 file; amending s. 39.701, F.S.; requiring certain 62 notice be given to an attorney ad litem; requiring a 63 court to give a guardian ad litem an opportunity to 64 address the court in certain proceedings; requiring 65 the court to inquire and determine if a child has a 66 certain agreement documented in his or her court file 67 at a specified hearing; conforming provisions to 68 changes made by the act; amending s. 39.801, F.S.; 69 conforming provisions to changes made by the act; 70 amending s. 39.807, F.S.; requiring a court to appoint 71 a guardian ad litem to represent a child in certain 72 proceedings; revising a guardian ad litem’s 73 responsibilities and authorities; deleting provisions 74 relating to bonds and service of pleadings or papers; 75 amending s. 39.808, F.S.; conforming provisions to 76 changes made by the act; amending s. 39.815, F.S.; 77 conforming provisions to changes made by the act; 78 repealing s. 39.820, F.S., relating to definitions of 79 the terms “guardian ad litem” and “guardian advocate”; 80 amending s. 39.821, F.S.; conforming provisions to 81 changes made by the act; amending s. 39.822, F.S.; 82 declaring that a guardian ad litem is a fiduciary and 83 must provide independent representation of a child; 84 revising responsibilities of a guardian ad litem; 85 requiring that guardians ad litem have certain access 86 to the children they represent; providing actions that 87 a guardian ad litem does and does not have to fulfill; 88 making technical changes; amending s. 39.827, F.S.; 89 authorizing a child’s guardian ad litem and attorney 90 ad litem to inspect certain records; amending s. 91 39.8296, F.S.; revising the duties and appointment of 92 the executive director of the Statewide Guardian ad 93 Litem Office; requiring the training program for 94 guardians ad litem to be maintained and updated 95 regularly; deleting provisions regarding the training 96 curriculum and the establishment of a curriculum 97 committee; requiring the office to provide oversight 98 and technical assistance to attorneys ad litem; 99 specifying certain requirements of the office; 100 amending s. 39.8297, F.S.; conforming provisions to 101 changes made by the act; creating s. 1009.898, F.S.; 102 authorizing, subject to appropriation, the Fostering 103 Prosperity program to provide certain grants to youth 104 and young adults who are aging out of foster care; 105 requiring that such grants remain available for a 106 certain period of time after reunification of a young 107 adult with his or her parent; requiring the State 108 Board of Education to adopt certain rules; amending 109 ss. 29.008, 39.6011, 40.24, 43.16, 61.402, 110.205, 110 320.08058, 943.053, 985.43, 985.441, 985.455, 985.461, 111 and 985.48, F.S.; conforming provisions to changes 112 made by the act; amending ss. 39.302, 39.521, 61.13, 113 119.071, 322.09, 394.495, 627.746, 934.255, and 114 960.065, F.S.; conforming cross-references; providing 115 a directive to the Division of Law Revision; providing 116 an effective date; 117 118 Be It Enacted by the Legislature of the State of Florida: 119 120 Section 1. Paragraph (j) of subsection (1), paragraph (j) 121 of subsection (3), and paragraph (a) of subsection (10) of 122 section 39.001, Florida Statutes, are amended to read: 123 39.001 Purposes and intent; personnel standards and 124 screening.— 125 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 126 (j) To ensure that, when reunification or adoption is not 127 possible, the child will be prepared for alternative permanency 128 goals or placements, to include, but not be limited to, long 129 term foster care, independent living, custody to a relative on a 130 permanent basis with or without legal guardianship, or custody 131 to a foster parent or legal custodian on a permanent basis with 132 or without legal guardianship. Permanency for a child who is 133 transitioning from foster care to independent living includes 134 naturally occurring, lifelong, kin-like connections between the 135 child and a supportive adult. 136 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 137 the Legislature that the children of this state be provided with 138 the following protections: 139 (j) The ability to contact their guardian ad litem or 140 attorney ad litem, if one is appointed, by having that 141 individual’s name entered on all orders of the court. 142 (10) PLAN FOR COMPREHENSIVE APPROACH.— 143 (a) The office shall develop a state plan for the promotion 144 of adoption, support of adoptive families, and prevention of 145 abuse, abandonment, and neglect of children. The Department of 146 Children and Families, the Department of Corrections, the 147 Department of Education, the Department of Health, the 148 Department of Juvenile Justice, the Department of Law 149 Enforcement, the Statewide Guardian ad Litem Office, and the 150 Agency for Persons with Disabilities shall participate and fully 151 cooperate in the development of the state plan at both the state 152 and local levels. Furthermore, appropriate local agencies and 153 organizations shall be provided an opportunity to participate in 154 the development of the state plan at the local level. 155 Appropriate local groups and organizations shall include, but 156 not be limited to, community mental health centers; circuit 157 guardian ad litem officesprograms for children under the158circuit court; the school boards of the local school districts; 159 the Florida local advocacy councils; community-based care lead 160 agencies; private or public organizations or programs with 161 recognized expertise in working with child abuse prevention 162 programs for children and families; private or public 163 organizations or programs with recognized expertise in working 164 with children who are sexually abused, physically abused, 165 emotionally abused, abandoned, or neglected and with expertise 166 in working with the families of such children; private or public 167 programs or organizations with expertise in maternal and infant 168 health care; multidisciplinary Child Protection Teams; child day 169 care centers; law enforcement agencies; and the circuit courts,170when guardian ad litem programs are not available in the local171area. The state plan to be provided to the Legislature and the 172 Governor shall include, as a minimum, the information required 173 of the various groups in paragraph (b). 174 Section 2. Subsection (2) of section 39.00145, Florida 175 Statutes, is amended to read: 176 39.00145 Records concerning children.— 177 (2) Notwithstanding any other provision of this chapter, 178 all records in a child’s case record must be made available for 179 inspection, upon request, to the child who is the subject of the 180 case record and to the child’s caregiver, guardian ad litem, or 181 attorney ad litem, if one is appointed. 182 (a) A complete and accurate copy of any record in a child’s 183 case record must be provided, upon request and at no cost, to 184 the child who is the subject of the case record and to the 185 child’s caregiver, guardian ad litem, or attorney ad litem, if 186 one is appointed. 187 (b) The department shall release the information in a 188 manner and setting that are appropriate to the age and maturity 189 of the child and the nature of the information being released, 190 which may include the release of information in a therapeutic 191 setting, if appropriate. This paragraph does not deny the child 192 access to his or her records. 193 (c) If a child or the child’s caregiver, guardian ad litem, 194 or attorney ad litem, if one is appointed, requests access to 195 the child’s case record, any person or entity that fails to 196 provide any record in the case record under assertion of a claim 197 of exemption from the public records requirements of chapter 198 119, or fails to provide access within a reasonable time, is 199 subject to sanctions and penalties under s. 119.10. 200 (d) For the purposes of this subsection, the term 201 “caregiver” is limited to parents, legal custodians, permanent 202 guardians, or foster parents; employees of a residential home, 203 institution, facility, or agency at which the child resides; and 204 other individuals legally responsible for a child’s welfare in a 205 residential setting. 206 Section 3. Paragraph (a) of subsection (2) of section 207 39.00146, Florida Statutes, is amended to read: 208 39.00146 Case record face sheet.— 209 (2) The case record of every child under the supervision or 210 in the custody of the department or the department’s authorized 211 agents, including community-based care lead agencies and their 212 subcontracted providers, must include a face sheet containing 213 relevant information about the child and his or her case, 214 including at least all of the following: 215 (a) General case information, including, but not limited 216 to, all of the following: 217 1. The child’s name and date of birth.;218 2. The current county of residence and the county of 219 residence at the time of the referral.;220 3. The reason for the referral and any family safety 221 concerns.;222 4. The personal identifying information of the parents or 223 legal custodians who had custody of the child at the time of the 224 referral, including name, date of birth, and county of 225 residence.;226 5. The date of removal from the home.; and227 6. The name and contact information of the attorney or 228 attorneys assigned to the case in all capacities, including the 229 attorney or attorneys that represent the department and the 230 parents, and the guardian ad litem, if one has been appointed. 231 Section 4. Paragraph (b) of subsection (2) and paragraph 232 (b) of subsection (3) of section 39.0016, Florida Statutes, are 233 amended to read: 234 39.0016 Education of abused, neglected, and abandoned 235 children; agency agreements; children having or suspected of 236 having a disability.— 237 (2) AGENCY AGREEMENTS.— 238 (b) The department shall enter into agreements with 239 district school boards or other local educational entities 240 regarding education and related services for children known to 241 the department who are of school age and children known to the 242 department who are younger than school age but who would 243 otherwise qualify for services from the district school board. 244 Such agreements mustshallinclude, but are not limited to: 245 1. A requirement that the department shall: 246 a. Ensure that children known to the department are 247 enrolled in school or in the best educational setting that meets 248 the needs of the child. The agreement mustshallprovide for 249 continuing the enrollment of a child known to the department at 250 the school of origin when possible if it is in the best interest 251 of the child, with the goal of minimal disruption of education. 252 b. Notify the school and school district in which a child 253 known to the department is enrolled of the name and phone number 254 of the child known to the department caregiver and caseworker 255 for child safety purposes. 256 c. Establish a protocol for the department to share 257 information about a child known to the department with the 258 school district, consistent with the Family Educational Rights 259 and Privacy Act, since the sharing of information will assist 260 each agency in obtaining education and related services for the 261 benefit of the child. The protocol must require the district 262 school boards or other local educational entities to access the 263 department’s Florida Safe Families Network to obtain information 264 about children known to the department, consistent with the 265 Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 266 1232g. 267 d. Notify the school district of the department’s case 268 planning for a child known to the department, both at the time 269 of plan development and plan review. Within the plan development 270 or review process, the school district may provide information 271 regarding the child known to the department if the school 272 district deems it desirable and appropriate. 273 e. Show no prejudice against a caregiver who desires to 274 educate at home a child placed in his or her home through the 275 child welfare system. 276 2. A requirement that the district school board shall: 277 a. Provide the department with a general listing of the 278 services and information available from the district school 279 board to facilitate educational access for a child known to the 280 department. 281 b. Identify all educational and other services provided by 282 the school and school district which the school district 283 believes are reasonably necessary to meet the educational needs 284 of a child known to the department. 285 c. Determine whether transportation is available for a 286 child known to the department when such transportation will 287 avoid a change in school assignment due to a change in 288 residential placement. Recognizing that continued enrollment in 289 the same school throughout the time the child known to the 290 department is in out-of-home care is preferable unless 291 enrollment in the same school would be unsafe or otherwise 292 impractical, the department, the district school board, and the 293 Department of Education shall assess the availability of 294 federal, charitable, or grant funding for such transportation. 295 d. Provide individualized student intervention or an 296 individual educational plan when a determination has been made 297 through legally appropriate criteria that intervention services 298 are required. The intervention or individual educational plan 299 must include strategies to enable the child known to the 300 department to maximize the attainment of educational goals. 301 3. A requirement that the department and the district 302 school board shall cooperate in accessing the services and 303 supports needed for a child known to the department who has or 304 is suspected of having a disability to receive an appropriate 305 education consistent with the Individuals with Disabilities 306 Education Act and state implementing laws, rules, and 307 assurances. Coordination of services for a child known to the 308 department who has or is suspected of having a disability may 309 include: 310 a. Referral for screening. 311 b. Sharing of evaluations between the school district and 312 the department where appropriate. 313 c. Provision of education and related services appropriate 314 for the needs and abilities of the child known to the 315 department. 316 d. Coordination of services and plans between the school 317 and the residential setting to avoid duplication or conflicting 318 service plans. 319 e. Appointment of a surrogate parent, consistent with the 320 Individuals with Disabilities Education Act and pursuant to 321 subsection (3), for educational purposes for a child known to 322 the department who qualifies. 323 f. For each child known to the department 14 years of age 324 and older, transition planning by the department and all 325 providers, including the department’s independent living program 326 staff and the guardian ad litem of the child, to meet the 327 requirements of the local school district for educational 328 purposes. 329 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— 330 (b)1. Each district school superintendent or dependency 331 court must appoint a surrogate parent for a child known to the 332 department who has or is suspected of having a disability, as 333 defined in s. 1003.01(9), when: 334 a. After reasonable efforts, no parent can be located; or 335 b. A court of competent jurisdiction over a child under 336 this chapter has determined that no person has the authority 337 under the Individuals with Disabilities Education Act, including 338 the parent or parents subject to the dependency action, or that 339 no person has the authority, willingness, or ability to serve as 340 the educational decisionmaker for the child without judicial 341 action. 342 2. A surrogate parent appointed by the district school 343 superintendent or the court must be at least 18 years old and 344 have no personal or professional interest that conflicts with 345 the interests of the student to be represented. Neither the 346 district school superintendent nor the court may appoint an 347 employee of the Department of Education, the local school 348 district, a community-based care provider, the Department of 349 Children and Families, or any other public or private agency 350 involved in the education or care of the child as appointment of 351 those persons is prohibited by federal law. This prohibition 352 includes group home staff and therapeutic foster parents. 353 However, a person who acts in a parental role to a child, such 354 as a foster parent or relative caregiver, is not prohibited from 355 serving as a surrogate parent if he or she is employed by such 356 agency, willing to serve, and knowledgeable about the child and 357 the exceptional student education process. The surrogate parent 358 may be a court-appointed guardian ad litem or a relative or 359 nonrelative adult who is involved in the child’s life regardless 360 of whether that person has physical custody of the child. Each 361 person appointed as a surrogate parent must have the knowledge 362 and skills acquired by successfully completing training using 363 materials developed and approved by the Department of Education 364 to ensure adequate representation of the child. 365 3.If a guardian ad litem has been appointed for a child,366 The district school superintendent must first consider the 367 child’s guardian ad litem when appointing a surrogate parent. 368 The district school superintendent must accept the appointment 369 of the court if he or she has not previously appointed a 370 surrogate parent. Similarly, the court must accept a surrogate 371 parent duly appointed by a district school superintendent. 372 4. A surrogate parent appointed by the district school 373 superintendent or the court must be accepted by any subsequent 374 school or school district without regard to where the child is 375 receiving residential care so that a single surrogate parent can 376 follow the education of the child during his or her entire time 377 in state custody. Nothing in this paragraph or in rule shall 378 limit or prohibit the continuance of a surrogate parent 379 appointment when the responsibility for the student’s 380 educational placement moves among and between public and private 381 agencies. 382 5. For a child known to the department, the responsibility 383 to appoint a surrogate parent resides with both the district 384 school superintendent and the court with jurisdiction over the 385 child. If the court elects to appoint a surrogate parent, notice 386 shall be provided as soon as practicable to the child’s school. 387 At any time the court determines that it is in the best 388 interests of a child to remove a surrogate parent, the court may 389 appoint a new surrogate parent for educational decisionmaking 390 purposes for that child. 391 6. The surrogate parent shall continue in the appointed 392 role until one of the following occurs: 393 a. The child is determined to no longer be eligible or in 394 need of special programs, except when termination of special 395 programs is being contested. 396 b. The child achieves permanency through adoption or legal 397 guardianship and is no longer in the custody of the department. 398 c. The parent who was previously unknown becomes known, 399 whose whereabouts were unknown is located, or who was 400 unavailable is determined by the court to be available. 401 d. The appointed surrogate no longer wishes to represent 402 the child or is unable to represent the child. 403 e. The superintendent of the school district in which the 404 child is attending school, the Department of Education contract 405 designee, or the court that appointed the surrogate determines 406 that the appointed surrogate parent no longer adequately 407 represents the child. 408 f. The child moves to a geographic location that is not 409 reasonably accessible to the appointed surrogate. 410 7. The appointment and termination of appointment of a 411 surrogate under this paragraph shall be entered as an order of 412 the court with a copy of the order provided to the child’s 413 school as soon as practicable. 414 8. The person appointed as a surrogate parent under this 415 paragraph must: 416 a. Be acquainted with the child and become knowledgeable 417 about his or her disability and educational needs. 418 b. Represent the child in all matters relating to 419 identification, evaluation, and educational placement and the 420 provision of a free and appropriate education to the child. 421 c. Represent the interests and safeguard the rights of the 422 child in educational decisions that affect the child. 423 9. The responsibilities of the person appointed as a 424 surrogate parent shall not extend to the care, maintenance, 425 custody, residential placement, or any other area not 426 specifically related to the education of the child, unless the 427 same person is appointed by the court for such other purposes. 428 10. A person appointed as a surrogate parent shall enjoy 429 all of the procedural safeguards afforded a parent with respect 430 to the identification, evaluation, and educational placement of 431 a student with a disability or a student who is suspected of 432 having a disability. 433 11. A person appointed as a surrogate parent shall not be 434 held liable for actions taken in good faith on behalf of the 435 student in protecting the special education rights of the child. 436 Section 5. Present subsections (8) through (30) and (31) 437 through (87) of section 39.01, Florida Statutes, are 438 redesignated as subsections (9) through (31) and (34) through 439 (90), respectively, present subsections (9), (36), and (58) are 440 amended, and new subsections (8), (32), and (33) are added to 441 that section, to read: 442 39.01 Definitions.—When used in this chapter, unless the 443 context otherwise requires: 444 (8) “Attorney ad litem” means an attorney appointed by the 445 court to represent a child in a dependency case who has an 446 attorney-client relationship with the child under the rules 447 regulating The Florida Bar. 448 (10)(9)“Caregiver” means the parent, legal custodian, 449 permanent guardian, adult household member, or other person 450 responsible for a child’s welfare as defined in subsection (57) 451(54). 452 (32) “Guardian ad litem” means a person or an entity that 453 is a fiduciary appointed by the court to represent a child in 454 any civil, criminal, or administrative proceeding to which the 455 child is a party, including, but not limited to, under this 456 chapter, which uses a best interest standard for decisionmaking 457 and advocacy. For purposes of this chapter, the term includes, 458 but is not limited to, the Statewide Guardian ad Litem Office, 459 which includes all circuit guardian ad litem offices and the 460 duly certified volunteers, staff, and attorneys assigned by the 461 Statewide Guardian ad Litem Office to represent children; a 462 court-appointed attorney; or a responsible adult who is 463 appointed by the court. A guardian ad litem is a party to the 464 judicial proceeding as a representative of the child and serves 465 until the jurisdiction of the court over the child terminates or 466 until excused by the court. 467 (33) “Guardian advocate” means a person appointed by the 468 court to act on behalf of a drug-dependent newborn under part XI 469 of this chapter. 470 (39)(36)“Institutional child abuse or neglect” means 471 situations of known or suspected child abuse or neglect in which 472 the person allegedly perpetrating the child abuse or neglect is 473 an employee of a public or private school, public or private day 474 care center, residential home, institution, facility, or agency 475 or any other person at such institution responsible for the 476 child’s welfare as defined in subsection (57)(54). 477 (61)(58)“Party” means the parent or parents of the child, 478 the petitioner, the department, the guardian ad litemor the479representative of the guardian ad litem program when the program480has been appointed, and the child. The presence of the child may 481 be excused by order of the court when presence would not be in 482 the child’s best interest. Notice to the child may be excused by 483 order of the court when the age, capacity, or other condition of 484 the child is such that the notice would be meaningless or 485 detrimental to the child. 486 Section 6. Subsection (11) of section 39.013, Florida 487 Statutes, is amended to read: 488 39.013 Procedures and jurisdiction; right to counsel; 489 guardian ad litem.— 490 (11) The court shall appoint a guardian ad litem at the 491 earliest possible time to represent a child throughout the 492 proceedings, including any appeals. The guardian ad litem may 493 represent the child in proceedings outside of the dependency 494 case to secure the services and benefits that provide for the 495 care, safety, and protection of the childencourage the496Statewide Guardian Ad Litem Office to provide greater497representation to those children who are within 1 year of498transferring out of foster care. 499 Section 7. Paragraph (b) of subsection (1) of section 500 39.01305, Florida Statutes, is amended to read: 501 39.01305 Appointment of an attorney for a dependent child 502 with certain special needs.— 503 (1) 504 (b) The Legislature recognizes the existence of 505 organizations that provide attorney representation to children 506 in certain jurisdictions throughout the state. Further, the 507 Statewide Guardian ad Litem OfficeProgramprovides best 508 interest representation for dependent children in every 509 jurisdiction in accordance with state and federal law. The 510 Legislature, therefore, does not intend that funding provided 511 for representation under this section supplant proven and 512 existing organizations representing children. Instead, the 513 Legislature intends that funding provided for representation 514 under this section be an additional resource for the 515 representation of more children in these jurisdictions, to the 516 extent necessary to meet the requirements of this chapter, with 517 the cooperation of existing local organizations or through the 518 expansion of those organizations. The Legislature encourages the 519 expansion of pro bono representation for children. This section 520 is not intended to limit the ability of a pro bono attorney to 521 appear on behalf of a child. 522 Section 8. Subsection (3) of section 39.0132, Florida 523 Statutes, is amended to read: 524 39.0132 Oaths, records, and confidential information.— 525 (3) The clerk shall keep all court records required by this 526 chapter separate from other records of the circuit court. All 527 court records required by this chapter mayshallnot be open to 528 inspection by the public. All records mayshallbe inspected 529 only upon order of the court by persons deemed by the court to 530 have a proper interest therein, except that, subject tothe531provisions ofs. 63.162, a child,andthe parents of the child 532 and their attorneys, the guardian ad litem, criminal conflict 533 and civil regional counsels, law enforcement agencies,andthe 534 department and its designees, and the attorney ad litem, if one 535 is appointed,shallalways have the right to inspect and copy 536 any official record pertaining to the child. The Justice 537 Administrative Commission may inspect court dockets required by 538 this chapter as necessary to audit compensation of court 539 appointed attorneys ad litem. If the docket is insufficient for 540 purposes of the audit, the commission may petition the court for 541 additional documentation as necessary and appropriate. The court 542 may permit authorized representatives of recognized 543 organizations compiling statistics for proper purposes to 544 inspect and make abstracts from official records, under whatever 545 conditions upon their use and disposition the court may deem 546 proper, and may punish by contempt proceedings any violation of 547 those conditions. 548 Section 9. Paragraph (a) of subsection (3) of section 549 39.0136, Florida Statutes, is amended to read: 550 39.0136 Time limitations; continuances.— 551 (3) The time limitations in this chapter do not include: 552 (a) Periods of delay resulting from a continuance granted 553 at the request of the child’s counsel,or the child’sguardian 554 ad litem, or attorney ad litem, if one is appointed, if the555child is of sufficient capacity to express reasonable consent,556at the request or with the consent of the child. The court must 557 consider the best interests of the child when determining 558 periods of delay under this section. 559 Section 10. Subsection (7) of section 39.01375, Florida 560 Statutes, is amended to read: 561 39.01375 Best interest determination for placement.—The 562 department, community-based care lead agency, or court shall 563 consider all of the following factors when determining whether a 564 proposed placement under this chapter is in the child’s best 565 interest: 566 (7) The recommendation of the child’s guardian ad litem, if567one has been appointed. 568 Section 11. Paragraphs (a) and (b) of subsection (4) of 569 section 39.0139, Florida Statutes, are amended to read: 570 39.0139 Visitation or other contact; restrictions.— 571 (4) HEARINGS.—A person who meets any of the criteria set 572 forth in paragraph (3)(a) who seeks to begin or resume contact 573 with the child victim shall have the right to an evidentiary 574 hearing to determine whether contact is appropriate. 575 (a) BeforePrior tothe hearing, the court shall appointan576attorney ad litem ora guardian ad litem for the child if one 577 has not already been appointed. The guardian ad litem andAny578 attorney ad litem, if one isor guardian ad litemappointed, 579 mustshallhave special training in the dynamics of child sexual 580 abuse. 581 (b) At the hearing, the court may receive and rely upon any 582 relevant and material evidence submitted to the extent of its 583 probative value, including written and oral reports or 584 recommendations from the Child Protection Team, the child’s 585 therapist, the child’s guardian ad litem, or the child’s 586 attorney ad litem, if one is appointed, even if these reports, 587 recommendations, and evidence may not be admissible under the 588 rules of evidence. 589 Section 12. Paragraphs (d) and (t) of subsection (2) of 590 section 39.202, Florida Statutes, are amended to read: 591 39.202 Confidentiality of reports and records in cases of 592 child abuse or neglect; exception.— 593 (2) Except as provided in subsection (4), access to such 594 records, excluding the name of, or other identifying information 595 with respect to, the reporter which may onlyshallbe released 596onlyas provided in subsection (5), may onlyshallbe granted 597onlyto the following persons, officials, and agencies: 598 (d) The parent or legal custodian of any child who is 599 alleged to have been abused, abandoned, or neglected; the child; 600 the child’s guardian ad litem; the child’s attorney ad litem, if 601 one is appointed; or, and the child, and their attorneys,602includingany attorney representing a child in civil or criminal 603 proceedings. This access mustshallbe made available no later 604 than 60 days after the department receives the initial report of 605 abuse, neglect, or abandonment. However, any information 606 otherwise made confidential or exempt by law mayshallnot be 607 released pursuant to this paragraph. 608 (t) Persons with whom the department is seeking to place 609 the child or to whom placement has been granted, including 610 foster parents for whom an approved home study has been 611 conducted, the designee of a licensed child-caring agency as 612 defined in s. 39.01s. 39.01(41), an approved relative or 613 nonrelative with whom a child is placed pursuant to s. 39.402, 614 preadoptive parents for whom a favorable preliminary adoptive 615 home study has been conducted, adoptive parents, or an adoption 616 entity acting on behalf of preadoptive or adoptive parents. 617 Section 13. Paragraph (c) of subsection (8), paragraphs (b) 618 and (c) of subsection (11), and paragraph (a) of subsection (14) 619 of section 39.402, Florida Statutes, are amended to read: 620 39.402 Placement in a shelter.— 621 (8) 622 (c) At the shelter hearing, the court shall: 623 1. Appoint a guardian ad litem to represent the best 624 interest of the child, unless the court finds that such625representation is unnecessary; 626 2. Inform the parents or legal custodians of their right to 627 counsel to represent them at the shelter hearing and at each 628 subsequent hearing or proceeding, and the right of the parents 629 to appointed counsel, pursuant to the procedures set forth in s. 630 39.013; 631 3. Give the parents or legal custodians an opportunity to 632 be heard and to present evidence; and 633 4. Inquire of those present at the shelter hearing as to 634 the identity and location of the legal father. In determining 635 who the legal father of the child may be, the court shall 636 inquire under oath of those present at the shelter hearing 637 whether they have any of the following information: 638 a. Whether the mother of the child was married at the 639 probable time of conception of the child or at the time of birth 640 of the child. 641 b. Whether the mother was cohabiting with a male at the 642 probable time of conception of the child. 643 c. Whether the mother has received payments or promises of 644 support with respect to the child or because of her pregnancy 645 from a man who claims to be the father. 646 d. Whether the mother has named any man as the father on 647 the birth certificate of the child or in connection with 648 applying for or receiving public assistance. 649 e. Whether any man has acknowledged or claimed paternity of 650 the child in a jurisdiction in which the mother resided at the 651 time of or since conception of the child or in which the child 652 has resided or resides. 653 f. Whether a man is named on the birth certificate of the 654 child pursuant to s. 382.013(2). 655 g. Whether a man has been determined by a court order to be 656 the father of the child. 657 h. Whether a man has been determined to be the father of 658 the child by the Department of Revenue as provided in s. 659 409.256. 660 (11) 661 (b) The court shall request that the parents consent to 662 provide access to the child’s medical records and provide 663 information to the court, the department or its contract 664 agencies, and theanyguardian ad litem or attorney ad litem, if 665 one is appointed, for the child. If a parent is unavailable or 666 unable to consent or withholds consent and the court determines 667 access to the records and information is necessary to provide 668 services to the child, the court shall issue an order granting 669 access. The court may also order the parents to provide all 670 known medical information to the department and to any others 671 granted access under this subsection. 672 (c) The court shall request that the parents consent to 673 provide access to the child’s child care records, early 674 education program records, or other educational records and 675 provide information to the court, the department or its contract 676 agencies, and theanyguardian ad litem or attorney ad litem, if 677 one is appointed, for the child. If a parent is unavailable or 678 unable to consent or withholds consent and the court determines 679 access to the records and information is necessary to provide 680 services to the child, the court shall issue an order granting 681 access. 682 (14) The time limitations in this section do not include: 683 (a) Periods of delay resulting from a continuance granted 684 at the request or with the consent of the child’scounsel or the685child’sguardian ad litem or attorney ad litem, if one ishas686beenappointed by the court, or, if the child is of sufficient687capacity to express reasonable consent, at the request or with688the consent of the child’s attorney or the child’s guardian ad689litem, if one has been appointed by the court, and the child. 690 Section 14. Paragraphs (a) and (b) of subsection (4) of 691 section 39.4022, Florida Statutes, are amended to read: 692 39.4022 Multidisciplinary teams; staffings; assessments; 693 report.— 694 (4) PARTICIPANTS.— 695 (a) Collaboration among diverse individuals who are part of 696 the child’s network is necessary to make the most informed 697 decisions possible for the child. A diverse team is preferable 698 to ensure that the necessary combination of technical skills, 699 cultural knowledge, community resources, and personal 700 relationships is developed and maintained for the child and 701 family. The participants necessary to achieve an appropriately 702 diverse team for a child may vary by child and may include 703 extended family, friends, neighbors, coaches, clergy, coworkers, 704 or others the family identifies as potential sources of support. 705 1. Each multidisciplinary team staffing must invite the 706 following members: 707 a. The child, unless he or she is not of an age or capacity 708 to participate in the team, and the child’s guardian ad litem; 709 b. The child’s family members and other individuals 710 identified by the family as being important to the child, 711 provided that a parent who has a no contact order or injunction, 712 is alleged to have sexually abused the child, or is subject to a 713 termination of parental rights may not participate; 714 c. The current caregiver, provided the caregiver is not a 715 parent who meets the criteria of one of the exceptions under 716 sub-subparagraph b.; 717 d. A representative from the department other than the 718 Children’s Legal Services attorney, when the department is 719 directly involved in the goal identified by the staffing; 720 e. A representative from the community-based care lead 721 agency, when the lead agency is directly involved in the goal 722 identified by the staffing; 723 f. The case manager for the child, or his or her case 724 manager supervisor; and 725 g. A representative from the Department of Juvenile 726 Justice, if the child is dually involved with both the 727 department and the Department of Juvenile Justice. 728 2. The multidisciplinary team must make reasonable efforts 729 to have all mandatory invitees attend. However, the 730 multidisciplinary team staffing may not be delayed if the 731 invitees in subparagraph 1. fail to attend after being provided 732 reasonable opportunities. 733 (b) Based on the particular goal the multidisciplinary team 734 staffing identifies as the purpose of convening the staffing as 735 provided under subsection (5), the department or lead agency may 736 also invite to the meeting other professionals, including, but 737 not limited to: 738 1. A representative from Children’s Medical Services; 739 2.A guardian ad litem, if one is appointed;7403.A school personnel representative who has direct contact 741 with the child; 742 3.4.A therapist or other behavioral health professional, 743 if applicable; 744 4.5.A mental health professional with expertise in sibling 745 bonding, if the department or lead agency deems such expert is 746 necessary; or 747 5.6.Other community providers of services to the child or 748 stakeholders, when applicable. 749 Section 15. Paragraph (d) of subsection (3) and paragraph 750 (c) of subsection (4) of section 39.4023, Florida Statutes, are 751 amended to read: 752 39.4023 Placement and education transitions; transition 753 plans.— 754 (3) PLACEMENT TRANSITIONS.— 755 (d) Transition planning.— 756 1. If the supportive services provided pursuant to 757 paragraph (c) have not been successful to make the maintenance 758 of the placement suitable or if there are other circumstances 759 that require the child to be moved, the department or the 760 community-based care lead agency must convene a 761 multidisciplinary team staffing as required under s. 39.4022 762 before the child’s placement is changed, or within 72 hours of 763 moving the child in an emergency situation, for the purpose of 764 developing an appropriate transition plan. 765 2. A placement change may occur immediately in an emergency 766 situation without convening a multidisciplinary team staffing. 767 However, a multidisciplinary team staffing must be held within 768 72 hours after the emergency situation arises. 769 3. The department or the community-based care lead agency 770 must provide written notice of the planned move at least 14 days 771 before the move or within 72 hours after an emergency situation, 772 to the greatest extent possible and consistent with the child’s 773 needs and preferences. The notice must include the reason a 774 placement change is necessary. A copy of the notice must be 775 filed with the court and be provided to all of the following: 776 a. The child, unless he or she, due to age or capacity, is 777 unable to comprehend the written notice, which will necessitate 778 the department or lead agency to provide notice in an age 779 appropriate and capacity-appropriate alternative manner.;780 b. The child’s parents, unless prohibited by court order.;781 c. The child’s out-of-home caregiver.;782 d. The guardian ad litem., if one is appointed;783 e. The attorney ad litem for the child, if one is 784 appointed.; and785 f. The attorney for the department. 786 4. The transition plan must be developed through 787 cooperation among the persons included in subparagraph 3., and 788 such persons must share any relevant information necessary for 789 its development. Subject to the child’s needs and preferences, 790 the transition plan must meet the requirements of s. 791 409.1415(2)(b)8. and exclude any placement changes that occur 792 between 7 p.m. and 8 a.m. 793 5. The department or the community-based care lead agency 794 shall file the transition plan with the court within 48 hours 795 after the creation of such plan and provide a copy of the plan 796 to the persons included in subparagraph 3. 797 (4) EDUCATION TRANSITIONS.— 798 (c) Minimizing school changes.— 799 1. Every effort must be made to keep a child in the school 800 of origin if it is in the child’s best interest. Any placement 801 decision must include thoughtful consideration of which school a 802 child will attend if a school change is necessary. 803 2. Members of a multidisciplinary team staffing convened 804 for a purpose other than a school change must determine the 805 child’s best interest regarding remaining in the school or 806 program of origin if the child’s educational options are 807 affected by any other decision being made by the 808 multidisciplinary team. 809 3. The determination of whether it is in the child’s best 810 interest to remain in the school of origin, and if not, of which 811 school the child will attend in the future, must be made in 812 consultation with the following individuals, including, but not 813 limited to, the child; the parents; the caregiver; the child 814 welfare professional; the guardian ad litem, if appointed; the 815 educational surrogate, if appointed; child care and educational 816 staff, including teachers and guidance counselors; and the 817 school district representative or foster care liaison. A 818 multidisciplinary team member may contact any of these 819 individuals in advance of a multidisciplinary team staffing to 820 obtain his or her recommendation. An individual may remotely 821 attend the multidisciplinary team staffing if one of the 822 identified goals is related to determining an educational 823 placement. The multidisciplinary team may rely on a report from 824 the child’s current school or program district and, if 825 applicable, any other school district being considered for the 826 educational placement if the required school personnel are not 827 available to attend the multidisciplinary team staffing in 828 person or remotely. 829 4. The multidisciplinary team and the individuals listed in 830 subparagraph 3. must consider, at a minimum, all of the 831 following factors when determining whether remaining in the 832 school or program of origin is in the child’s best interest or, 833 if not, when selecting a new school or program: 834 a. The child’s desire to remain in the school or program of 835 origin. 836 b. The preference of the child’s parents or legal 837 guardians. 838 c. Whether the child has siblings, close friends, or 839 mentors at the school or program of origin. 840 d. The child’s cultural and community connections in the 841 school or program of origin. 842 e. Whether the child is suspected of having a disability 843 under the Individuals with Disabilities Education Act (IDEA) or 844 s. 504 of the Rehabilitation Act of 1973, or has begun receiving 845 interventions under this state’s multitiered system of supports. 846 f. Whether the child has an evaluation pending for special 847 education and related services under IDEA or s. 504 of the 848 Rehabilitation Act of 1973. 849 g. Whether the child is a student with a disability under 850 IDEA who is receiving special education and related services or 851 a student with a disability under s. 504 of the Rehabilitation 852 Act of 1973 who is receiving accommodations and services and, if 853 so, whether those required services are available in a school or 854 program other than the school or program of origin. 855 h. Whether the child is an English Language Learner student 856 and is receiving language services and, if so, whether those 857 required services are available in a school or program other 858 than the school or program of origin. 859 i. The impact a change to the school or program of origin 860 would have on academic credits and progress toward promotion. 861 j. The availability of extracurricular activities important 862 to the child. 863 k. The child’s known individualized educational plan or 864 other medical and behavioral health needs and whether such plan 865 or needs are able to be met at a school or program other than 866 the school or program of origin. 867 l. The child’s permanency goal and timeframe for achieving 868 permanency. 869 m. The child’s history of school transfers and how such 870 transfers have impacted the child academically, emotionally, and 871 behaviorally. 872 n. The length of the commute to the school or program from 873 the child’s home or placement and how such commute would impact 874 the child. 875 o. The length of time the child has attended the school or 876 program of origin. 877 5. The cost of transportation cannot be a factor in making 878 a best interest determination. 879 Section 16. Paragraph (f) of subsection (3) of section 880 39.407, Florida Statutes, is amended to read: 881 39.407 Medical, psychiatric, and psychological examination 882 and treatment of child; physical, mental, or substance abuse 883 examination of person with or requesting child custody.— 884 (3) 885 (f)1. The department shall fully inform the court of the 886 child’s medical and behavioral status as part of the social 887 services report prepared for each judicial review hearing held 888 for a child for whom psychotropic medication has been prescribed 889 or provided under this subsection. As a part of the information 890 provided to the court, the department shall furnish copies of 891 all pertinent medical records concerning the child which have 892 been generated since the previous hearing. On its own motion or 893 on good cause shown by any party, including theanyguardian ad 894 litem, attorney,or attorney ad litem, if one iswho has been895 appointedto represent the child or the child’s interests, the 896 court may review the status more frequently than required in 897 this subsection. 898 2. The court may, in the best interests of the child, order 899 the department to obtain a medical opinion addressing whether 900 the continued use of the medication under the circumstances is 901 safe and medically appropriate. 902 Section 17. Paragraphs (m), (t), and (u) of subsection (1) 903 of section 39.4085, Florida Statutes, are amended to read: 904 39.4085 Goals for dependent children; responsibilities; 905 education; Office of the Children’s Ombudsman.— 906 (1) The Legislature finds that the design and delivery of 907 child welfare services should be directed by the principle that 908 the health and safety of children, including the freedom from 909 abuse, abandonment, or neglect, is of paramount concern and, 910 therefore, establishes the following goals for children in 911 shelter or foster care: 912 (m) To receive meaningful case management and planning that 913 will quickly return the child to his or her family or move the 914 child on to other forms of permanency. For a child who is 915 transitioning from foster care to independent living, permanency 916 includes establishing naturally occurring, lifelong, kin-like 917 connections between the child and a supportive adult. 918 (t) To have a guardian ad litem appointedto represent,919within reason, their best interestsand, if appropriate, an 920 attorney ad litemappointed to represent their legal interests; 921 the guardian ad litem orandattorney ad litem, if one is 922 appointed,shallhave immediate and unlimited access to the 923 children they represent. 924 (u) To have all their records available for review by their 925 guardian ad litem orandattorney ad litem, if one is appointed, 926 if they deem such review necessary. 927 928 This subsection establishes goals and not rights. This 929 subsection does not require the delivery of any particular 930 service or level of service in excess of existing 931 appropriations. A person does not have a cause of action against 932 the state or any of its subdivisions, agencies, contractors, 933 subcontractors, or agents, based upon the adoption of or failure 934 to provide adequate funding for the achievement of these goals 935 by the Legislature. This subsection does not require the 936 expenditure of funds to meet the goals established in this 937 subsection except those funds specifically appropriated for such 938 purpose. 939 Section 18. Subsection (8) of section 39.502, Florida 940 Statutes, is amended to read: 941 39.502 Notice, process, and service.— 942 (8) It is not necessary to the validity of a proceeding 943 covered by this part that the parents be present if their 944 identity or residence is unknown after a diligent search has 945 been made; however,but in this eventthe petitioner mustshall946 file an affidavit of diligent search prepared by the person who 947 made the search and inquiry, and the court mustmayappoint a 948 guardian ad litem for the child if a guardian ad litem has not 949 previously been appointed. 950 Section 19. Paragraph (c) of subsection (3) of section 951 39.522, Florida Statutes, is amended to read: 952 39.522 Postdisposition change of custody.— 953 (3) 954 (c)1. The department or community-based care lead agency 955 must notify a current caregiver who has been in the physical 956 custody placement for at least 9 consecutive months and who 957 meets all the established criteria in paragraph (b) of an intent 958 to change the physical custody of the child, and a 959 multidisciplinary team staffing must be held in accordance with 960 ss. 39.4022 and 39.4023 at least 21 days before the intended 961 date for the child’s change in physical custody, unless there is 962 an emergency situation as defined in s. 39.4022(2)(b). If there 963 is not a unanimous consensus decision reached by the 964 multidisciplinary team, the department’s official position must 965 be provided to the parties within the designated time period as 966 provided for in s. 39.4022. 967 2. A caregiver who objects to the department’s official 968 position on the change in physical custody must notify the court 969 and the department or community-based care lead agency of his or 970 her objection and the intent to request an evidentiary hearing 971 in writing in accordance with this section within 5 days after 972 receiving notice of the department’s official position provided 973 under subparagraph 1. The transition of the child to the new 974 caregiver may not begin before the expiration of the 5-day 975 period within which the current caregiver may object. 976 3. Upon the department or community-based care lead agency 977 receiving written notice of the caregiver’s objection, the 978 change to the child’s physical custody must be placed in 979 abeyance and the child may not be transitioned to a new physical 980 placement without a court order, unless there is an emergency 981 situation as defined in s. 39.4022(2)(b). 982 4. Within 7 days after receiving written notice from the 983 caregiver, the court must conduct an initial case status 984 hearing, at which time the court must do all of the following: 985 a. Grant party status to the current caregiver who is 986 seeking permanent custody and has maintained physical custody of 987 that child for at least 9 continuous months for the limited 988 purpose of filing a motion for a hearing on the objection and 989 presenting evidence pursuant to this subsection.;990b. Appoint an attorney for the child who is the subject of991the permanent custody proceeding, in addition to the guardian ad992litem, if one is appointed;993 b.c.Advise the caregiver of his or her right to retain 994 counsel for purposes of the evidentiary hearing.; and995 c.d.Appoint a court-selected neutral and independent 996 licensed professional with expertise in the science and research 997 of child-parent bonding. 998 Section 20. Paragraph (c) of subsection (1) and paragraph 999 (c) of subsection (3) of section 39.6012, Florida Statutes, are 1000 amended to read: 1001 39.6012 Case plan tasks; services.— 1002 (1) The services to be provided to the parent and the tasks 1003 that must be completed are subject to the following: 1004 (c) If there is evidence of harm as defined in s. 1005 39.01(37)(g)s. 39.01(34)(g), the case plan must include as a 1006 required task for the parent whose actions caused the harm that 1007 the parent submit to a substance abuse disorder assessment or 1008 evaluation and participate and comply with treatment and 1009 services identified in the assessment or evaluation as being 1010 necessary. 1011 (3) In addition to any other requirement, if the child is 1012 in an out-of-home placement, the case plan must include: 1013 (c) When appropriate, for a child who is 13 years of age or 1014 older, a written description of the programs and services that 1015 will help the child prepare for the transition from foster care 1016 to independent living. The written description must include age 1017 appropriate activities for the child’s development of 1018 relationships, coping skills, and emotional well-being. 1019 Section 21. Section 39.6036, Florida Statutes, is created 1020 to read: 1021 39.6036 Supportive adults for children transitioning out of 1022 foster care.— 1023 (1) The Legislature finds that a committed, caring adult 1024 provides a lifeline for a child transitioning out of foster care 1025 to live independently. Accordingly, it is the intent of the 1026 Legislature that the Statewide Guardian ad Litem Office help 1027 children connect with supportive adults with the hope of 1028 creating an ongoing relationship that lasts into adulthood. 1029 (2) The Statewide Guardian ad Litem Office shall work with 1030 a child who is transitioning out of foster care to identify at 1031 least one supportive adult with whom the child can enter into a 1032 formal agreement for an ongoing relationship and document such 1033 agreement in the child’s court file. If the child cannot 1034 identify a supportive adult, the Statewide Guardian ad Litem 1035 Office shall work in coordination with the Office of Continuing 1036 Care to identify at least one supportive adult with whom the 1037 child can enter into a formal agreement for an ongoing 1038 relationship and document such agreement in the child’s court 1039 file. 1040 Section 22. Paragraph (c) of subsection (10) of section 1041 39.621, Florida Statutes, is amended to read: 1042 39.621 Permanency determination by the court.— 1043 (10) The permanency placement is intended to continue until 1044 the child reaches the age of majority and may not be disturbed 1045 absent a finding by the court that the circumstances of the 1046 permanency placement are no longer in the best interest of the 1047 child. 1048 (c) The court shall base its decision concerning any motion 1049 by a parent for reunification or increased contact with a child 1050 on the effect of the decision on the safety, well-being, and 1051 physical and emotional health of the child. Factors that must be 1052 considered and addressed in the findings of fact of the order on 1053 the motion must include: 1054 1. The compliance or noncompliance of the parent with the 1055 case plan; 1056 2. The circumstances which caused the child’s dependency 1057 and whether those circumstances have been resolved; 1058 3. The stability and longevity of the child’s placement; 1059 4. The preferences of the child, if the child is of 1060 sufficient age and understanding to express a preference; 1061 5. The recommendation of the current custodian; and 1062 6. AnyTherecommendation of the guardian ad litem, if one1063has been appointed. 1064 Section 23. Subsection (2) of section 39.6241, Florida 1065 Statutes, is amended to read: 1066 39.6241 Another planned permanent living arrangement.— 1067 (2) The department and the guardian ad litem must provide 1068 the court with a recommended list and description of services 1069 needed by the child, such as independent living services and 1070 medical, dental, educational, or psychological referrals, and a 1071 recommended list and description of services needed by his or 1072 her caregiver. The guardian ad litem must also advise the court 1073 whether the child has been connected with a supportive adult 1074 and, if the child has been connected with a supportive adult, 1075 whether the child has entered into a formal agreement with the 1076 adult. If the child has entered into a formal agreement pursuant 1077 to s. 39.6036, the guardian ad litem must ensure that the 1078 agreement is documented in the child’s court file. 1079 Section 24. Paragraphs (b) and (f) of subsection (1), 1080 paragraph (c) of subsection (2), subsection (3), and paragraph 1081 (e) of subsection (4) of section 39.701, Florida Statutes, are 1082 amended to read: 1083 39.701 Judicial review.— 1084 (1) GENERAL PROVISIONS.— 1085 (b)1. The court shall retain jurisdiction over a child 1086 returned to his or her parents for a minimum period of 6 months 1087 afterfollowingthe reunification, but, at that time, based on a 1088 report of the social service agency and the guardian ad litem,1089if one has been appointed,and any other relevant factors, the 1090 court shall make a determination as to whether supervision by 1091 the department and the court’s jurisdiction shall continue or be 1092 terminated. 1093 2. Notwithstanding subparagraph 1., the court must retain 1094 jurisdiction over a child if the child is placed in the home 1095 with a parent or caregiver with an in-home safety plan and such 1096 safety plan remains necessary for the child to reside safely in 1097 the home. 1098 (f) Notice of a judicial review hearing or a citizen review 1099 panel hearing, and a copy of the motion for judicial review, if 1100 any, must be served by the clerk of the court upon all of the 1101 following persons, if available to be served, regardless of 1102 whether the person was present at the previous hearing at which 1103 the date, time, and location of the hearing was announced: 1104 1. The social service agency charged with the supervision 1105 of care, custody, or guardianship of the child, if that agency 1106 is not the movant. 1107 2. The foster parent or legal custodian in whose home the 1108 child resides. 1109 3. The parents. 1110 4. The guardian ad litem for the child, or the1111representative of the guardian ad litem program if the program1112has been appointed. 1113 5. The attorney ad litem for the child, if one is 1114 appointed. 1115 6. The child, if the child is 13 years of age or older. 1116 7. Any preadoptive parent. 1117 8. Such other persons as the court may direct. 1118 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1119 AGE.— 1120 (c) Review determinations.—The court and any citizen review 1121 panel shall take into consideration the information contained in 1122 the social services study and investigation and all medical, 1123 psychological, and educational records that support the terms of 1124 the case plan; testimony by the social services agency, the 1125 parent, the foster parent or caregiver, the guardian ad litem, 1126 theorsurrogate parent for educational decisionmaking if one 1127 has been appointed for the child, and any other person deemed 1128 appropriate; and any relevant and material evidence submitted to 1129 the court, including written and oral reports to the extent of 1130 their probative value. These reports and evidence may be 1131 received by the court in its effort to determine the action to 1132 be taken with regard to the child and may be relied upon to the 1133 extent of their probative value, even though not competent in an 1134 adjudicatory hearing. In its deliberations, the court and any 1135 citizen review panel shall seek to determine: 1136 1. If the parent was advised of the right to receive 1137 assistance from any person or social service agency in the 1138 preparation of the case plan. 1139 2. If the parent has been advised of the right to have 1140 counsel present at the judicial review or citizen review 1141 hearings. If not so advised, the court or citizen review panel 1142 shall advise the parent of such right. 1143 3. If a guardian ad litem needs to be appointed for the 1144 child in a case in which a guardian ad litem has not previously 1145 been appointedor if there is a need to continue a guardian ad1146litem in a case in which a guardian ad litem has been appointed. 1147 4. Who holds the rights to make educational decisions for 1148 the child. If appropriate, the court may refer the child to the 1149 district school superintendent for appointment of a surrogate 1150 parent or may itself appoint a surrogate parent under the 1151 Individuals with Disabilities Education Act and s. 39.0016. 1152 5. The compliance or lack of compliance of all parties with 1153 applicable items of the case plan, including the parents’ 1154 compliance with child support orders. 1155 6. The compliance or lack of compliance with a visitation 1156 contract between the parent and the social service agency for 1157 contact with the child, including the frequency, duration, and 1158 results of the parent-child visitation and the reason for any 1159 noncompliance. 1160 7. The frequency, kind, and duration of contacts among 1161 siblings who have been separated during placement, as well as 1162 any efforts undertaken to reunite separated siblings if doing so 1163 is in the best interests of the child. 1164 8. The compliance or lack of compliance of the parent in 1165 meeting specified financial obligations pertaining to the care 1166 of the child, including the reason for failure to comply, if 1167 applicable. 1168 9. Whether the child is receiving safe and proper care 1169 according to s. 39.6012, including, but not limited to, the 1170 appropriateness of the child’s current placement, including 1171 whether the child is in a setting that is as family-like and as 1172 close to the parent’s home as possible, consistent with the 1173 child’s best interests and special needs, and including 1174 maintaining stability in the child’s educational placement, as 1175 documented by assurances from the community-based care lead 1176 agency that: 1177 a. The placement of the child takes into account the 1178 appropriateness of the current educational setting and the 1179 proximity to the school in which the child is enrolled at the 1180 time of placement. 1181 b. The community-based care lead agency has coordinated 1182 with appropriate local educational agencies to ensure that the 1183 child remains in the school in which the child is enrolled at 1184 the time of placement. 1185 10. A projected date likely for the child’s return home or 1186 other permanent placement. 1187 11. When appropriate, the basis for the unwillingness or 1188 inability of the parent to become a party to a case plan. The 1189 court and the citizen review panel shall determine if the 1190 efforts of the social service agency to secure party 1191 participation in a case plan were sufficient. 1192 12. For a child who has reached 13 years of age but is not 1193 yet 18 years of age, the adequacy of the child’s preparation for 1194 adulthood and independent living. For a child who is 15 years of 1195 age or older, the court shall determine if appropriate steps are 1196 being taken for the child to obtain a driver license or 1197 learner’s driver license. 1198 13. If amendments to the case plan are required. Amendments 1199 to the case plan must be made under s. 39.6013. 1200 14. If the parents and caregivers have developed a 1201 productive relationship that includes meaningful communication 1202 and mutual support. 1203 (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At 1204 each review hearing held under this subsection, the court shall 1205 give the child and the guardian ad litem the opportunity to 1206 address the court and provide any information relevant to the 1207 child’s best interest, particularly in relation to independent 1208 living transition services. The foster parent or,legal 1209 custodian, or guardian ad litemmay also provide any information 1210 relevant to the child’s best interest to the court. In addition 1211 to the review and report required under paragraphs (1)(a) and 1212 (2)(a), respectively, and the review and report required under 1213 s. 39.822(2)(a)2., the court shall: 1214 (a) Inquire about the life skills the child has acquired 1215 and whether those services are age appropriate, at the first 1216 judicial review hearing held subsequent to the child’s 16th 1217 birthday. At the judicial review hearing, the department shall 1218 provide the court with a report that includes specific 1219 information related to the life skills that the child has 1220 acquired since the child’s 13th birthday or since the date the 1221 child came into foster care, whichever came later. For any child 1222 who may meet the requirements for appointment of a guardian 1223 advocate under s. 393.12 or a guardian under chapter 744, the 1224 updated case plan must be developed in a face-to-face conference 1225 with the child, if appropriate; the child’s attorney ad litem, 1226 if one is appointed; the child’s; any court-appointedguardian 1227 ad litem; the temporary custodian of the child; and the parent 1228 of the child, if the parent’s rights have not been terminated. 1229 (b) The court shall hold a judicial review hearing within 1230 90 days after a child’s 17th birthday. The court shall issue an 1231 order, separate from the order on judicial review, that the 1232 disability of nonage of the child has been removed under ss. 1233 743.044-743.047 for any disability that the court finds is in 1234 the child’s best interest to remove. The department shall 1235 include in the social study report for the first judicial review 1236 that occurs after the child’s 17th birthday written verification 1237 that the child has: 1238 1. A current Medicaid card and all necessary information 1239 concerning the Medicaid program sufficient to prepare the child 1240 to apply for coverage upon reaching the age of 18, if such 1241 application is appropriate. 1242 2. A certified copy of the child’s birth certificate and, 1243 if the child does not have a valid driver license, a Florida 1244 identification card issued under s. 322.051. 1245 3. A social security card and information relating to 1246 social security insurance benefits if the child is eligible for 1247 those benefits. If the child has received such benefits and they 1248 are being held in trust for the child, a full accounting of 1249 these funds must be provided and the child must be informed as 1250 to how to access those funds. 1251 4. All relevant information related to the Road-to 1252 Independence Program under s. 409.1451, including, but not 1253 limited to, eligibility requirements, information on 1254 participation, and assistance in gaining admission to the 1255 program. If the child is eligible for the Road-to-Independence 1256 Program, he or she must be advised that he or she may continue 1257 to reside with the licensed family home or group care provider 1258 with whom the child was residing at the time the child attained 1259 his or her 18th birthday, in another licensed family home, or 1260 with a group care provider arranged by the department. 1261 5. An open bank account or the identification necessary to 1262 open a bank account and to acquire essential banking and 1263 budgeting skills. 1264 6. Information on public assistance and how to apply for 1265 public assistance. 1266 7. A clear understanding of where he or she will be living 1267 on his or her 18th birthday, how living expenses will be paid, 1268 and the educational program or school in which he or she will be 1269 enrolled. 1270 8. Information related to the ability of the child to 1271 remain in care until he or she reaches 21 years of age under s. 1272 39.013. 1273 9. A letter providing the dates that the child is under the 1274 jurisdiction of the court. 1275 10. A letter stating that the child is in compliance with 1276 financial aid documentation requirements. 1277 11. The child’s educational records. 1278 12. The child’s entire health and mental health records. 1279 13. The process for accessing the child’s case file. 1280 14. A statement encouraging the child to attend all 1281 judicial review hearings. 1282 15. Information on how to obtain a driver license or 1283 learner’s driver license. 1284 (c) At the first judicial review hearing held subsequent to 1285 the child’s 17th birthday, if the court determines pursuant to 1286 chapter 744 that there is a good faith basis to believe that the 1287 child qualifies for appointment of a guardian advocate, limited 1288 guardian, or plenary guardian for the child and that no less 1289 restrictive decisionmaking assistance will meet the child’s 1290 needs: 1291 1. The department shall complete a multidisciplinary report 1292 which must include, but is not limited to, a psychosocial 1293 evaluation and educational report if such a report has not been 1294 completed within the previous 2 years. 1295 2. The department shall identify one or more individuals 1296 who are willing to serve as the guardian advocate under s. 1297 393.12 or as the plenary or limited guardian under chapter 744. 1298 Any other interested parties or participants may make efforts to 1299 identify such a guardian advocate, limited guardian, or plenary 1300 guardian. The child’s biological or adoptive family members, 1301 including the child’s parents if the parents’ rights have not 1302 been terminated, may not be considered for service as the 1303 plenary or limited guardian unless the court enters a written 1304 order finding that such an appointment is in the child’s best 1305 interests. 1306 3. Proceedings may be initiated within 180 days after the 1307 child’s 17th birthday for the appointment of a guardian 1308 advocate, plenary guardian, or limited guardian for the child in 1309 a separate proceeding in the court division with jurisdiction 1310 over guardianship matters and pursuant to chapter 744. The 1311 Legislature encourages the use of pro bono representation to 1312 initiate proceedings under this section. 1313 4. In the event another interested party or participant 1314 initiates proceedings for the appointment of a guardian 1315 advocate, plenary guardian, or limited guardian for the child, 1316 the department shall provide all necessary documentation and 1317 information to the petitioner to complete a petition under s. 1318 393.12 or chapter 744 within 45 days after the first judicial 1319 review hearing after the child’s 17th birthday. 1320 5. Any proceedings seeking appointment of a guardian 1321 advocate or a determination of incapacity and the appointment of 1322 a guardian must be conducted in a separate proceeding in the 1323 court division with jurisdiction over guardianship matters and 1324 pursuant to chapter 744. 1325 (d) If the court finds at the judicial review hearing after 1326 the child’s 17th birthday that the department has not met its 1327 obligations to the child as stated in this part, in the written 1328 case plan, or in the provision of independent living services, 1329 the court may issue an order directing the department to show 1330 cause as to why it has not done so. If the department cannot 1331 justify its noncompliance, the court may give the department 30 1332 days within which to comply. If the department fails to comply 1333 within 30 days, the court may hold the department in contempt. 1334 (e) If necessary, the court may review the status of the 1335 child more frequently during the year before the child’s 18th 1336 birthday. At the last review hearing before the child reaches 18 1337 years of age, and in addition to the requirements of subsection 1338 (2), the court shall: 1339 1. Address whether the child plans to remain in foster 1340 care, and, if so, ensure that the child’s transition plan 1341 includes a plan for meeting one or more of the criteria 1342 specified in s. 39.6251 and determine if the child has entered 1343 into a formal agreement for an ongoing relationship with a 1344 supportive adult. 1345 2. Ensure that the transition plan includes a supervised 1346 living arrangement under s. 39.6251. 1347 3. Ensure the child has been informed of: 1348 a. The right to continued support and services from the 1349 department and the community-based care lead agency. 1350 b. The right to request termination of dependency 1351 jurisdiction and be discharged from foster care. 1352 c. The opportunity to reenter foster care under s. 39.6251. 1353 4. Ensure that the child, if he or she requests termination 1354 of dependency jurisdiction and discharge from foster care, has 1355 been informed of: 1356 a. Services or benefits for which the child may be eligible 1357 based on his or her former placement in foster care, including, 1358 but not limited to, the assistance of the Office of Continuing 1359 Care under s. 414.56. 1360 b. Services or benefits that may be lost through 1361 termination of dependency jurisdiction. 1362 c. Other federal, state, local, or community-based services 1363 or supports available to him or her. 1364 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During 1365 each period of time that a young adult remains in foster care, 1366 the court shall review the status of the young adult at least 1367 every 6 months and must hold a permanency review hearing at 1368 least annually. 1369 (e)1. Notwithstanding the provisions of this subsection, if 1370 a young adult has chosen to remain in extended foster care after 1371 he or she has reached 18 years of age, the department may not 1372 close a case and the court may not terminate jurisdiction until 1373 the court finds, following a hearing, that the following 1374 criteria have been met: 1375 a.1.Attendance of the young adult at the hearing; or 1376 b.2.Findings by the court that: 1377 (I)a.The young adult has been informed by the department 1378 of his or her right to attend the hearing and has provided 1379 written consent to waive this right; and 1380 (II)b.The young adult has been informed of the potential 1381 negative effects of early termination of care, the option to 1382 reenter care before reaching 21 years of age, the procedure for, 1383 and limitations on, reentering care, and the availability of 1384 alternative services, and has signed a document attesting that 1385 he or she has been so informed and understands these provisions; 1386 or 1387 (III)c.The young adult has voluntarily left the program, 1388 has not signed the document in sub-subparagraph b., and is 1389 unwilling to participate in any further court proceeding. 1390 2.3.In all permanency hearings or hearings regarding the 1391 transition of the young adult from care to independent living, 1392 the court shall consult with the young adult regarding the 1393 proposed permanency plan, case plan, and individual education 1394 plan for the young adult and ensure that he or she has 1395 understood the conversation. The court shall also inquire of the 1396 young adult regarding his or her relationship with the 1397 supportive adult with whom the young adult has entered into a 1398 formal agreement for an ongoing relationship, if such agreement 1399 exists. 1400 Section 25. Paragraph (a) of subsection (3) of section 1401 39.801, Florida Statutes, is amended to read: 1402 39.801 Procedures and jurisdiction; notice; service of 1403 process.— 1404 (3) Before the court may terminate parental rights, in 1405 addition to the other requirements set forth in this part, the 1406 following requirements must be met: 1407 (a) Notice of the date, time, and place of the advisory 1408 hearing for the petition to terminate parental rights; if 1409 applicable, instructions for appearance through audio-video 1410 communication technology; and a copy of the petition must be 1411 personally served upon the following persons, specifically 1412 notifying them that a petition has been filed: 1413 1. The parents of the child. 1414 2. The legal custodians of the child. 1415 3. If the parents who would be entitled to notice are dead 1416 or unknown, a living relative of the child, unless upon diligent 1417 search and inquiry no such relative can be found. 1418 4. Any person who has physical custody of the child. 1419 5. Any grandparent entitled to priority for adoption under 1420 s. 63.0425. 1421 6. Any prospective parent who has been identified under s. 1422 39.503 or s. 39.803, unless a court order has been entered 1423 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1424 indicates no further notice is required. Except as otherwise 1425 provided in this section, if there is not a legal father, notice 1426 of the petition for termination of parental rights must be 1427 provided to any known prospective father who is identified under 1428 oath before the court or who is identified by a diligent search 1429 of the Florida Putative Father Registry. Service of the notice 1430 of the petition for termination of parental rights is not 1431 required if the prospective father executes an affidavit of 1432 nonpaternity or a consent to termination of his parental rights 1433 which is accepted by the court after notice and opportunity to 1434 be heard by all parties to address the best interests of the 1435 child in accepting such affidavit. 1436 7. The guardian ad litem for the childor the1437representative of the guardian ad litem program, if the program1438has been appointed. 1439 1440 A party may consent to service or notice by e-mail by providing 1441 a primary e-mail address to the clerk of the court. The document 1442 containing the notice to respond or appear must contain, in type 1443 at least as large as the type in the balance of the document, 1444 the following or substantially similar language: “FAILURE TO 1445 APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1446 TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1447 YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1448 ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1449 THE PETITION ATTACHED TO THIS NOTICE.” 1450 Section 26. Subsection (2) of section 39.807, Florida 1451 Statutes, is amended to read: 1452 39.807 Right to counsel; guardian ad litem.— 1453 (2)(a) The court shall appoint a guardian ad litem to 1454 represent thebest interest of thechild in any termination of 1455 parental rights proceedings and shall ascertain at each stage of 1456 the proceedings whether a guardian ad litem has been appointed. 1457 (b) The guardian ad litem has thefollowing1458 responsibilities and authority specified in s. 39.822.:14591. To investigate the allegations of the petition and any1460subsequent matters arising in the case and,1461 (c) Unless excused by the court, the guardian ad litem must 1462tofile a written report. This report must include a statement 1463 of the wishes of the child and the recommendations of the 1464 guardian ad litem and must be provided to all parties and the 1465 court at least 72 hours before the disposition hearing. 14662. To be present at all court hearings unless excused by1467the court.14683. To represent the best interests of the child until the1469jurisdiction of the court over the child terminates or until1470excused by the court.1471(c) A guardian ad litem is not required to post bond but1472shall file an acceptance of the office.1473(d) A guardian ad litem is entitled to receive service of1474pleadings and papers as provided by the Florida Rules of1475Juvenile Procedure.1476 (d)(e)This subsection does not apply to any voluntary 1477 relinquishment of parental rights proceeding. 1478 Section 27. Subsection (2) of section 39.808, Florida 1479 Statutes, is amended to read: 1480 39.808 Advisory hearing; pretrial status conference.— 1481 (2) At the hearing the court shall inform the parties of 1482 their rights under s. 39.807,shallappoint counsel for the 1483 parties in accordance with legal requirements, andshallappoint 1484 a guardian ad litem to represent theinterests of thechild if 1485 one has not already been appointed. 1486 Section 28. Subsection (2) of section 39.815, Florida 1487 Statutes, is amended to read: 1488 39.815 Appeal.— 1489 (2) An attorney for the department shall represent the 1490 state upon appeal. When a notice of appeal is filed in the 1491 circuit court, the clerk shall notify the attorney for the 1492 department,together withthe attorney for the parent, the 1493 guardian ad litem, and theanyattorney ad litem for the child, 1494 if one is appointed. 1495 Section 29. Section 39.820, Florida Statutes, is repealed. 1496 Section 30. Subsections (1) and (3) of section 39.821, 1497 Florida Statutes, are amended to read: 1498 39.821 Qualifications of guardians ad litem.— 1499 (1) Because of the special trust or responsibility placed 1500 in a guardian ad litem, the Statewide Guardian ad Litem Office 1501Programmay use any private funds collected by the office 1502program, or any state funds so designated, to conduct a security 1503 background investigation before certifying a volunteer to serve. 1504 A security background investigation must include, but need not 1505 be limited to, employment history checks, checks of references, 1506 local criminal history records checks through local law 1507 enforcement agencies, and statewide criminal history records 1508 checks through the Department of Law Enforcement. Upon request, 1509 an employer shall furnish a copy of the personnel record for the 1510 employee or former employee who is the subject of a security 1511 background investigation conducted under this section. The 1512 information contained in the personnel record may include, but 1513 need not be limited to, disciplinary matters and the reason why 1514 the employee was terminated from employment. An employer who 1515 releases a personnel record for purposes of a security 1516 background investigation is presumed to have acted in good faith 1517 and is not liable for information contained in the record 1518 without a showing that the employer maliciously falsified the 1519 record. A security background investigation conducted under this 1520 section must ensure that a person is not certified as a guardian 1521 ad litem if the person has an arrest awaiting final disposition 1522 for, been convicted of, regardless of adjudication, entered a 1523 plea of nolo contendere or guilty to, or been adjudicated 1524 delinquent and the record has not been sealed or expunged for, 1525 any offense prohibited under the provisions listed in s. 435.04. 1526 All applicants must undergo a level 2 background screening 1527 pursuant to chapter 435 before being certified to serve as a 1528 guardian ad litem. In analyzing and evaluating the information 1529 obtained in the security background investigation, the office 1530programmust give particular emphasis to past activities 1531 involving children, including, but not limited to, child-related 1532 criminal offenses or child abuse. The officeprogramhas sole 1533 discretion in determining whether to certify a person based on 1534 his or her security background investigation. The information 1535 collected pursuant to the security background investigation is 1536 confidential and exempt from s. 119.07(1). 1537 (3) It is a misdemeanor of the first degree, punishable as 1538 provided in s. 775.082 or s. 775.083, for any person to 1539 willfully, knowingly, or intentionally fail, by false statement, 1540 misrepresentation, impersonation, or other fraudulent means, to 1541 disclose in any application for a volunteer position or for paid 1542 employment with the Statewide Guardian ad Litem OfficeProgram, 1543 any material fact used in making a determination as to the 1544 applicant’s qualifications for such position. 1545 Section 31. Section 39.822, Florida Statutes, is amended to 1546 read: 1547 39.822 Appointment of guardian ad litem for abused, 1548 abandoned, or neglected child.— 1549 (1) A guardian ad litem shall be appointed by the court at 1550 the earliest possible time to represent the child in any child 1551 abuse, abandonment, or neglect judicial proceeding, whether 1552 civil or criminal. A guardian ad litem is a fiduciary and must 1553 provide independent representation of the child using a best 1554 interest standard of decisionmaking and advocacy. 1555 (2)(a) A guardian ad litem must: 1556 1. Be present at all court hearings unless excused by the 1557 court. 1558 2. Investigate issues related to the best interest of the 1559 child who is the subject of the appointment, review all 1560 disposition recommendations and changes in placement, and, 1561 unless excused by the court, file written reports and 1562 recommendations in accordance with general law. 1563 3. Represent the child until the court’s jurisdiction over 1564 the child terminates or until excused by the court. 1565 4. Advocate for the child’s participation in the 1566 proceedings and to report the child’s preferences to the court, 1567 to the extent the child has the ability and desire to express 1568 his or her preferences. 1569 5. Perform other duties that are consistent with the scope 1570 of the appointment. 1571 (b) A guardian ad litem shall have immediate and unlimited 1572 access to the children he or she represents. 1573 (c) A guardian ad litem is not required to post bond but 1574 must file an acceptance of the appointment. 1575 (d) A guardian ad litem is entitled to receive service of 1576 pleadings and papers as provided by the Florida Rules of 1577 Juvenile Procedure. 1578 (3) Any person participating in a civil or criminal 1579 judicial proceeding resulting from such appointment shall be 1580 presumed prima facie to be acting in good faith and in so doing 1581 shall be immune from any liability, civil or criminal, that 1582 otherwise might be incurred or imposed. 1583 (4)(2)In those cases in which the parents are financially 1584 able, the parent or parents of the child shall reimburse the 1585 court, in part or in whole, for the cost of provision of 1586 guardian ad litem representationservices. Reimbursement to the 1587 individual providing guardian ad litem representation is not 1588services shall not becontingent upon successful collection by 1589 the court from the parent or parents. 1590 (5)(3)Upon presentation by a guardian ad litem of a court 1591 order appointing the guardian ad litem: 1592 (a) An agency, as defined in chapter 119, shall allow the 1593 guardian ad litem to inspect and copy records related to the 1594 best interests of the child who is the subject of the 1595 appointment, including, but not limited to, records made 1596 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1597 the State Constitution. The guardian ad litem shall maintain the 1598 confidential or exempt status of any records shared by an agency 1599 under this paragraph. 1600 (b) A person or an organization, other than an agency under 1601 paragraph (a), shall allow the guardian ad litem to inspect and 1602 copy any records related to the best interests of the child who 1603 is the subject of the appointment, including, but not limited 1604 to, confidential records. 1605 1606 For the purposes of this subsection, the term “records related 1607 to the best interests of the child” includes, but is not limited 1608 to, medical, mental health, substance abuse, child care, 1609 education, law enforcement, court, social services, and 1610 financial records. 1611(4) The guardian ad litem or the program representative1612shall review all disposition recommendations and changes in1613placements, and must be present at all critical stages of the1614dependency proceeding or submit a written report of1615recommendations to the court. Written reports must be filed with1616the court and served on all parties whose whereabouts are known1617at least 72 hours prior to the hearing.1618 Section 32. Subsection (4) of section 39.827, Florida 1619 Statutes, is amended to read: 1620 39.827 Hearing for appointment of a guardian advocate.— 1621 (4) The hearing under this section mustshallremain 1622 confidential and closed to the public. The clerk shall keep all 1623 court records required by this part separate from other records 1624 of the circuit court. All court records required by this part 1625 areshall beconfidential and exempt fromthe provisions ofs. 1626 119.07(1).AllRecords may onlyshallbe inspectedonlyupon 1627 order of the court by persons deemed by the court to have a 1628 proper interest therein, except that a child and the parents or 1629 custodians of the child and their attorneys, the guardian ad 1630 litem,andthe department and its designees, and the attorney ad 1631 litem, if one is appointed,shallalways have the right to 1632 inspect and copy any official record pertaining to the child. 1633 The court may permit authorized representatives of recognized 1634 organizations compiling statistics for proper purposes to 1635 inspect and make abstracts from official records, under whatever 1636 conditions upon their use and disposition the court may deem 1637 proper, and may punish by contempt proceedings any violation of 1638 those conditions. All information obtained pursuant to this part 1639 in the discharge of official duty by any judge, employee of the 1640 court, or authorized agent of the department isshall be1641 confidential and exempt fromthe provisions ofs. 119.07(1) and 1642 mayshallnot be disclosed to anyone other than the authorized 1643 personnel of the court or the department and its designees, 1644 except upon order of the court. 1645 Section 33. Paragraphs (a), (b), and (d) of subsection (1) 1646 and subsection (2) of section 39.8296, Florida Statutes, are 1647 amended to read: 1648 39.8296 Statewide Guardian ad Litem Office; legislative 1649 findings and intent; creation; appointment of executive 1650 director; duties of office.— 1651 (1) LEGISLATIVE FINDINGS AND INTENT.— 1652 (a) The Legislature finds that for the past 20 years, the 1653 Statewide Guardian ad Litem OfficeProgramhas been the only 1654 mechanism for best interest representation for children in 1655 Florida who are involved in dependency proceedings. 1656 (b) The Legislature also finds that while the Statewide 1657 Guardian ad Litem OfficeProgramhas been supervised by court 1658 administration within the circuit courts since the office’s 1659program’sinception, there is a perceived conflict of interest 1660 created by the supervision of program staff by the judges before 1661 whom they appear. 1662 (d) It is therefore the intent of the Legislature to place 1663 the Statewide Guardian ad Litem OfficeProgramin an appropriate 1664 place and provide a statewide infrastructure to increase 1665 functioning and standardization among the local officesprograms1666 currently operating in the 20 judicial circuits. 1667 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 1668 Statewide Guardian ad Litem Office within the Justice 1669 Administrative Commission. The Justice Administrative Commission 1670 shall provide administrative support and service to the office 1671 to the extent requested by the executive director within the 1672 available resources of the commission. The Statewide Guardian ad 1673 Litem Office is not subject to control, supervision, or 1674 direction by the Justice Administrative Commission in the 1675 performance of its duties, but the employees of the office are 1676 governed by the classification plan and salary and benefits plan 1677 approved by the Justice Administrative Commission. 1678 (a) The head of the Statewide Guardian ad Litem Office is 1679 the executive director, who shall be appointed by the Governor 1680 from a list of a minimum of three eligible applicants submitted 1681 by a Guardian ad Litem Qualifications Committee. The Guardian ad 1682 Litem Qualifications Committee shall be composed of five 1683 persons, two persons appointed by the Governor, two persons 1684 appointed by the Chief Justice of the Supreme Court, and one 1685 person appointed by the Statewide Guardian ad Litem Office 1686Association. The committee shall provide for statewide 1687 advertisement and the receiving of applications for the position 1688 of executive director. The Governor shall appoint an executive 1689 director from among the recommendations, or the Governor may 1690 reject the nominations and request the submission of new 1691 nominees. The executive director must have knowledge in 1692 dependency law and knowledge of social service delivery systems 1693 available to meet the needs of children who are abused, 1694 neglected, or abandoned. The executive director shall serve on a 1695 full-time basis and shall personally, or through representatives 1696 of the office, carry out the purposes and functions of the 1697 Statewide Guardian ad Litem Office in accordance with state and 1698 federal law and the state’s long-established policy of 1699 prioritizing children’s best interests. The executive director 1700 shall report to the Governor. The executive director shall serve 1701 a 3-year term, subject to removal for cause by the Governor. Any 1702 person appointed to serve as the executive director may be 1703 permitted to serve more than one term without the necessity of 1704 convening the Guardian ad Litem Qualifications Committee. 1705 (b) The Statewide Guardian ad Litem Office shall, within 1706 available resources, have oversight responsibilities for and 1707 provide technical assistance to all guardian ad litem and 1708 attorney ad litem officesprogramslocated within the judicial 1709 circuits. 1710 1. The office shall identify the resources required to 1711 implement methods of collecting, reporting, and tracking 1712 reliable and consistent case data. 1713 2. The office shall review the current guardian ad litem 1714 officesprogramsin Florida and other states. 1715 3. The office, in consultation with local guardian ad litem 1716 offices, shall develop statewide performance measures and 1717 standards. 1718 4. The office shall develop and maintain a guardian ad 1719 litem training program, which must be updated regularly, which1720shall include, but is not limited to, training on the1721recognition of and responses to head trauma and brain injury in1722a child under 6 years of age. The office shall establish a1723curriculum committee to develop the training program specified1724in this subparagraph. The curriculum committee shall include,1725but not be limited to, dependency judges, directors of circuit1726guardian ad litem programs, active certified guardians ad litem,1727a mental health professional who specializes in the treatment of1728children, a member of a child advocacy group, a representative1729of a domestic violence advocacy group, an individual with a1730degree in social work, and a social worker experienced in1731working with victims and perpetrators of child abuse. 1732 5. The office shall review the various methods of funding 1733 guardian ad litem officesprograms, maximize the use of those 1734 funding sources to the extent possible, and review the kinds of 1735 services being provided by circuit guardian ad litem offices 1736programs. 1737 6. The office shall determine the feasibility or 1738 desirability of new concepts of organization, administration, 1739 financing, or service delivery designed to preserve the civil 1740 and constitutional rights and fulfill other needs of dependent 1741 children. 1742 7. The office shall ensure that each child has an attorney 1743 assigned to his or her case and, within available resources, is 1744 represented using multidisciplinary teams that may include 1745 volunteers, pro bono attorneys, social workers, and mentors. 1746 8. The office shall provide oversight and technical 1747 assistance to attorneys ad litem, including, but not limited to, 1748 all of the following: 1749 a. Develop an attorney ad litem training program in 1750 collaboration with dependency court stakeholders, including, but 1751 not limited to, dependency judges, representatives from legal 1752 aid providing attorney ad litem representation, and an attorney 1753 ad litem appointed from a registry maintained by the chief 1754 judge. The training program must be updated regularly with or 1755 without convening the stakeholders group. 1756 b. Offer consultation and technical assistance to chief 1757 judges in maintaining attorney registries for the selection of 1758 attorneys ad litem. 1759 c. Assist with recruitment, training, and mentoring of 1760 attorneys ad litem as needed. 1761 9.7.In an effort to promote normalcy and establish trust 1762 between acourt-appointed volunteerguardian ad litem and a 1763 child alleged to be abused, abandoned, or neglected under this 1764 chapter, a guardian ad litem may transport a child. However, a 1765 guardian ad litemvolunteermay not be required by a guardian ad 1766 litem circuit office or ordered byor directed by the program or1767 a court to transport a child. 1768 10.8.The office shall submit to the Governor, the 1769 President of the Senate, the Speaker of the House of 1770 Representatives, and the Chief Justice of the Supreme Court an 1771 interim report describing the progress of the office in meeting 1772 the goals as described in this section. The office shall submit 1773 to the Governor, the President of the Senate, the Speaker of the 1774 House of Representatives, and the Chief Justice of the Supreme 1775 Court a proposed plan including alternatives for meeting the 1776 state’s guardian ad litem and attorney ad litem needs. This plan 1777 may include recommendations for less than the entire state, may 1778 include a phase-in system, and shall include estimates of the 1779 cost of each of the alternatives. Each year the office shall 1780 provide a status report and provide further recommendations to 1781 address the need for guardian ad litem representationservices1782 and related issues. 1783 Section 34. Section 39.8297, Florida Statutes, is amended 1784 to read: 1785 39.8297 County funding for guardian ad litem employees.— 1786 (1) A county and the executive director of the Statewide 1787 Guardian ad Litem Office may enter into an agreement by which 1788 the county agrees to provide funds to the local guardian ad 1789 litem office in order to employ persons who will assist in the 1790 operation of the guardian ad litem officeprogramin the county. 1791 (2) The agreement, at a minimum, must provide that: 1792 (a) Funding for the persons who are employed will be 1793 provided on at least a fiscal-year basis. 1794 (b) The persons who are employed will be hired, supervised, 1795 managed, and terminated by the executive director of the 1796 Statewide Guardian ad Litem Office. The statewide office is 1797 responsible for compliance with all requirements of federal and 1798 state employment laws, and shall fully indemnify the county from 1799 any liability under such laws, as authorized by s. 768.28(19), 1800 to the extent such liability is the result of the acts or 1801 omissions of the Statewide Guardian ad Litem Office or its 1802 agents or employees. 1803 (c) The county is the employer for purposes of s. 440.10 1804 and chapter 443. 1805 (d) Employees funded by the county under this section and 1806 other county employees may be aggregated for purposes of a 1807 flexible benefits plan pursuant to s. 125 of the Internal 1808 Revenue Code of 1986. 1809 (e) Persons employed under this section may be terminated 1810 after a substantial breach of the agreement or because funding 1811 to the guardian ad litem officeprogramhas expired. 1812 (3) Persons employed under this section may not be counted 1813 in a formula or similar process used by the Statewide Guardian 1814 ad Litem Office to measure personnel needs of a judicial 1815 circuit’s guardian ad litem officeprogram. 1816 (4) Agreements created pursuant to this section do not 1817 obligate the state to allocate funds to a county to employ 1818 persons in the guardian ad litem officeprogram. 1819 Section 35. Section 1009.898, Florida Statutes, is created 1820 to read: 1821 1009.898 Fostering Prosperity grants.— 1822 (1) Subject to the appropriation of funds for that purpose 1823 by the Legislature, the Fostering Prosperity program shall 1824 administer the following grants to youth and young adults aging 1825 out of foster care: 1826 (a) Grants to provide financial literacy instruction using 1827 a curriculum developed by the Department of Financial Services 1828 in consultation with the Department of Education. 1829 (b) Grants to provide CLT, SAT, or ACT preparation, 1830 including one-on-one support and fee waivers for the 1831 examinations. 1832 (c) Grants to youth and young adults planning to pursue 1833 trade careers or paid apprenticeships. 1834 (2) If a young adult who is aging out of foster care is 1835 reunited with his or her parent, the grants must remain 1836 available for the young adult for up to 1 year after 1837 reunification. 1838 (3) The State Board of Education shall adopt rules to 1839 administer this section. 1840 Section 36. Subsection (1) of section 29.008, Florida 1841 Statutes, is amended to read: 1842 29.008 County funding of court-related functions.— 1843 (1) Counties are required by s. 14, Art. V of the State 1844 Constitution to fund the cost of communications services, 1845 existing radio systems, existing multiagency criminal justice 1846 information systems, and the cost of construction or lease, 1847 maintenance, utilities, and security of facilities for the 1848 circuit and county courts, public defenders’ offices, state 1849 attorneys’ offices, guardian ad litem offices, and the offices 1850 of the clerks of the circuit and county courts performing court 1851 related functions. For purposes of this section, the term 1852 “circuit and county courts” includes the offices and staffing of 1853 the guardian ad litem officesprograms, and the term “public 1854 defenders’ offices” includes the offices of criminal conflict 1855 and civil regional counsel. The county designated under s. 1856 35.05(1) as the headquarters for each appellate district shall 1857 fund these costs for the appellate division of the public 1858 defender’s office in that county. For purposes of implementing 1859 these requirements, the term: 1860 (a) “Facility” means reasonable and necessary buildings and 1861 office space and appurtenant equipment and furnishings, 1862 structures, real estate, easements, and related interests in 1863 real estate, including, but not limited to, those for the 1864 purpose of housing legal materials for use by the general public 1865 and personnel, equipment, or functions of the circuit or county 1866 courts, public defenders’ offices, state attorneys’ offices, and 1867 court-related functions of the office of the clerks of the 1868 circuit and county courts and all storage. The term “facility” 1869 includes all wiring necessary for court reporting services. The 1870 term also includes access to parking for such facilities in 1871 connection with such court-related functions that may be 1872 available free or from a private provider or a local government 1873 for a fee. The office space provided by a county may not be less 1874 than the standards for space allotment adopted by the Department 1875 of Management Services, except this requirement applies only to 1876 facilities that are leased, or on which construction commences, 1877 after June 30, 2003. County funding must include physical 1878 modifications and improvements to all facilities as are required 1879 for compliance with the Americans with Disabilities Act. Upon 1880 mutual agreement of a county and the affected entity in this 1881 paragraph, the office space provided by the county may vary from 1882 the standards for space allotment adopted by the Department of 1883 Management Services. 1884 1. As of July 1, 2005, equipment and furnishings shall be 1885 limited to that appropriate and customary for courtrooms, 1886 hearing rooms, jury facilities, and other public areas in 1887 courthouses and any other facility occupied by the courts, state 1888 attorneys, public defenders, guardians ad litem, and criminal 1889 conflict and civil regional counsel. Court reporting equipment 1890 in these areas or facilities is not a responsibility of the 1891 county. 1892 2. Equipment and furnishings under this paragraph in 1893 existence and owned by counties on July 1, 2005, except for that 1894 in the possession of the clerks, for areas other than 1895 courtrooms, hearing rooms, jury facilities, and other public 1896 areas in courthouses and any other facility occupied by the 1897 courts, state attorneys, and public defenders, shall be 1898 transferred to the state at no charge. This provision does not 1899 apply to any communications services as defined in paragraph 1900 (f). 1901 (b) “Construction or lease” includes, but is not limited 1902 to, all reasonable and necessary costs of the acquisition or 1903 lease of facilities for all judicial officers, staff, jurors, 1904 volunteers of a tenant agency, and the public for the circuit 1905 and county courts, the public defenders’ offices, state 1906 attorneys’ offices, and for performing the court-related 1907 functions of the offices of the clerks of the circuit and county 1908 courts. This includes expenses related to financing such 1909 facilities and the existing and future cost and bonded 1910 indebtedness associated with placing the facilities in use. 1911 (c) “Maintenance” includes, but is not limited to, all 1912 reasonable and necessary costs of custodial and groundskeeping 1913 services and renovation and reconstruction as needed to 1914 accommodate functions for the circuit and county courts, the 1915 public defenders’ offices, and state attorneys’ offices and for 1916 performing the court-related functions of the offices of the 1917 clerks of the circuit and county court and for maintaining the 1918 facilities in a condition appropriate and safe for the use 1919 intended. 1920 (d) “Utilities” means all electricity services for light, 1921 heat, and power; natural or manufactured gas services for light, 1922 heat, and power; water and wastewater services and systems, 1923 stormwater or runoff services and systems, sewer services and 1924 systems, all costs or fees associated with these services and 1925 systems, and any costs or fees associated with the mitigation of 1926 environmental impacts directly related to the facility. 1927 (e) “Security” includes but is not limited to, all 1928 reasonable and necessary costs of services of law enforcement 1929 officers or licensed security guards and all electronic, 1930 cellular, or digital monitoring and screening devices necessary 1931 to ensure the safety and security of all persons visiting or 1932 working in a facility; to provide for security of the facility, 1933 including protection of property owned by the county or the 1934 state; and for security of prisoners brought to any facility. 1935 This includes bailiffs while providing courtroom and other 1936 security for each judge and other quasi-judicial officers. 1937 (f) “Communications services” are defined as any reasonable 1938 and necessary transmission, emission, and reception of signs, 1939 signals, writings, images, and sounds of intelligence of any 1940 nature by wire, radio, optical, audio equipment, or other 1941 electromagnetic systems and includes all facilities and 1942 equipment owned, leased, or used by judges, clerks, public 1943 defenders, state attorneys, guardians ad litem, criminal 1944 conflict and civil regional counsel, and all staff of the state 1945 courts system, state attorneys’ offices, public defenders’ 1946 offices, and clerks of the circuit and county courts performing 1947 court-related functions. Such system or services shall include, 1948 but not be limited to: 1949 1. Telephone system infrastructure, including computer 1950 lines, telephone switching equipment, and maintenance, and 1951 facsimile equipment, wireless communications, cellular 1952 telephones, pagers, and video teleconferencing equipment and 1953 line charges. Each county shall continue to provide access to a 1954 local carrier for local and long distance service and shall pay 1955 toll charges for local and long distance service. 1956 2. All computer networks, systems and equipment, including 1957 computer hardware and software, modems, printers, wiring, 1958 network connections, maintenance, support staff or services 1959 including any county-funded support staff located in the offices 1960 of the circuit court, county courts, state attorneys, public 1961 defenders, guardians ad litem, and criminal conflict and civil 1962 regional counsel; training, supplies, and line charges necessary 1963 for an integrated computer system to support the operations and 1964 management of the state courts system, the offices of the public 1965 defenders, the offices of the state attorneys, the guardian ad 1966 litem offices, the offices of criminal conflict and civil 1967 regional counsel, and the offices of the clerks of the circuit 1968 and county courts; and the capability to connect those entities 1969 and reporting data to the state as required for the transmission 1970 of revenue, performance accountability, case management, data 1971 collection, budgeting, and auditing purposes. The integrated 1972 computer system shall be operational by July 1, 2006, and, at a 1973 minimum, permit the exchange of financial, performance 1974 accountability, case management, case disposition, and other 1975 data across multiple state and county information systems 1976 involving multiple users at both the state level and within each 1977 judicial circuit and be able to electronically exchange judicial 1978 case background data, sentencing scoresheets, and video evidence 1979 information stored in integrated case management systems over 1980 secure networks. Once the integrated system becomes operational, 1981 counties may reject requests to purchase communications services 1982 included in this subparagraph not in compliance with standards, 1983 protocols, or processes adopted by the board established 1984 pursuant to former s. 29.0086. 1985 3. Courier messenger and subpoena services. 1986 4. Auxiliary aids and services for qualified individuals 1987 with a disability which are necessary to ensure access to the 1988 courts. Such auxiliary aids and services include, but are not 1989 limited to, sign language interpretation services required under 1990 the federal Americans with Disabilities Act other than services 1991 required to satisfy due-process requirements and identified as a 1992 state funding responsibility pursuant to ss. 29.004-29.007, 1993 real-time transcription services for individuals who are hearing 1994 impaired, and assistive listening devices and the equipment 1995 necessary to implement such accommodations. 1996 (g) “Existing radio systems” includes, but is not limited 1997 to, law enforcement radio systems that are used by the circuit 1998 and county courts, the offices of the public defenders, the 1999 offices of the state attorneys, and for court-related functions 2000 of the offices of the clerks of the circuit and county courts. 2001 This includes radio systems that were operational or under 2002 contract at the time Revision No. 7, 1998, to Art. V of the 2003 State Constitution was adopted and any enhancements made 2004 thereafter, the maintenance of those systems, and the personnel 2005 and supplies necessary for operation. 2006 (h) “Existing multiagency criminal justice information 2007 systems” includes, but is not limited to, those components of 2008 the multiagency criminal justice information system as defined 2009 in s. 943.045, supporting the offices of the circuit or county 2010 courts, the public defenders’ offices, the state attorneys’ 2011 offices, or those portions of the offices of the clerks of the 2012 circuit and county courts performing court-related functions 2013 that are used to carry out the court-related activities of those 2014 entities. This includes upgrades and maintenance of the current 2015 equipment, maintenance and upgrades of supporting technology 2016 infrastructure and associated staff, and services and expenses 2017 to assure continued information sharing and reporting of 2018 information to the state. The counties shall also provide 2019 additional information technology services, hardware, and 2020 software as needed for new judges and staff of the state courts 2021 system, state attorneys’ offices, public defenders’ offices, 2022 guardian ad litem offices, and the offices of the clerks of the 2023 circuit and county courts performing court-related functions. 2024 Section 37. Paragraph (a) of subsection (1) of section 2025 39.6011, Florida Statutes, is amended to read: 2026 39.6011 Case plan development.— 2027 (1) The department shall prepare a draft of the case plan 2028 for each child receiving services under this chapter. A parent 2029 of a child may not be threatened or coerced with the loss of 2030 custody or parental rights for failing to admit in the case plan 2031 of abusing, neglecting, or abandoning a child. Participating in 2032 the development of a case plan is not an admission to any 2033 allegation of abuse, abandonment, or neglect, and it is not a 2034 consent to a finding of dependency or termination of parental 2035 rights. The case plan shall be developed subject to the 2036 following requirements: 2037 (a) The case plan must be developed in a face-to-face 2038 conference with the parent of the child, theanycourt-appointed 2039 guardian ad litem, and, if appropriate, the child and the 2040 temporary custodian of the child. 2041 Section 38. Subsection (8) of section 40.24, Florida 2042 Statutes, is amended to read: 2043 40.24 Compensation and reimbursement policy.— 2044 (8) In circuits that elect to allow jurors to donate their 2045 jury service fee upon conclusion of juror service, each juror 2046 may irrevocably donate all of the juror’s compensation to the 26 2047 U.S.C. s. 501(c)(3) organization specified by the Statewide 2048 Guardian ad Litem Officeprogramor to a domestic violence 2049 shelter as specified annually on a rotating basis by the clerk 2050 of court in the circuit for the juror’s county of residence. The 2051 funds collected may not reduce or offset the amount of 2052 compensation that the Statewide Guardian ad Litem Officeprogram2053 or domestic violence shelter would otherwise receive from the 2054 state. The clerk of court shall ensure that all jurors are given 2055 written notice at the conclusion of their service that they have 2056 the option to so donate their compensation, and that the 2057 applicable program specified by the Statewide Guardian ad Litem 2058 Officeprogramor a domestic violence shelter receives all funds 2059 donated by the jurors. Any circuit guardian ad litem office 2060programreceiving donations of juror compensation must expend 2061 such moneys on services for children for whom guardians ad litem 2062 have been appointed. 2063 Section 39. Subsections (5), (6), and (7) of section 43.16, 2064 Florida Statutes, are amended to read: 2065 43.16 Justice Administrative Commission; membership, powers 2066 and duties.— 2067 (5) The duties of the commission shall include, but not be 2068 limited to, the following: 2069 (a) The maintenance of a central state office for 2070 administrative services and assistance when possible to and on 2071 behalf of the state attorneys and public defenders of Florida, 2072 the capital collateral regional counsel of Florida, the criminal 2073 conflict and civil regional counsel, and the Statewide Guardian 2074 Ad Litem OfficeProgram. 2075 (b) Each state attorney, public defender, and criminal 2076 conflict and civil regional counsel and the Statewide Guardian 2077 Ad Litem OfficeProgramshall continue to prepare necessary 2078 budgets, vouchers that represent valid claims for reimbursement 2079 by the state for authorized expenses, and other things 2080 incidental to the proper administrative operation of the office, 2081 such as revenue transmittals to the Chief Financial Officer and 2082 automated systems plans, but will forward such items to the 2083 commission for recording and submission to the proper state 2084 officer. However, when requested by a state attorney, a public 2085 defender, a criminal conflict and civil regional counsel, or the 2086 Statewide Guardian Ad Litem OfficeProgram, the commission will 2087 either assist in the preparation of budget requests, voucher 2088 schedules, and other forms and reports or accomplish the entire 2089 project involved. 2090 (6) The commission, each state attorney, each public 2091 defender, the criminal conflict and civil regional counsel, the 2092 capital collateral regional counsel, and the Statewide Guardian 2093 Ad Litem OfficeProgramshall establish and maintain internal 2094 controls designed to: 2095 (a) Prevent and detect fraud, waste, and abuse as defined 2096 in s. 11.45(1). 2097 (b) Promote and encourage compliance with applicable laws, 2098 rules, contracts, grant agreements, and best practices. 2099 (c) Support economical and efficient operations. 2100 (d) Ensure reliability of financial records and reports. 2101 (e) Safeguard assets. 2102 (7)The provisions contained inThis section isshall be2103 supplemental tothose ofchapter 27, relating to state 2104 attorneys, public defenders, criminal conflict and civil 2105 regional counsel, and capital collateral regional counsel; to 2106those ofchapter 39, relating to the Statewide Guardian Ad Litem 2107 OfficeProgram; or to other laws pertaining hereto. 2108 Section 40. Paragraph (a) of subsection (1) and subsection 2109 (4) of section 61.402, Florida Statutes, are amended to read: 2110 61.402 Qualifications of guardians ad litem.— 2111 (1) A person appointed as a guardian ad litem pursuant to 2112 s. 61.401 must be: 2113 (a) Certified by the Statewide Guardian Ad Litem Office 2114Programpursuant to s. 39.821; 2115 (b) Certified by a not-for-profit legal aid organization as 2116 defined in s. 68.096; or 2117 (c) An attorney who is a member in good standing of The 2118 Florida Bar. 2119 (4) Nothing in this section requires the Statewide Guardian 2120 Ad Litem OfficeProgramor a not-for-profit legal aid 2121 organization to train or certify guardians ad litem appointed 2122 under this chapter. 2123 Section 41. Paragraph (x) of subsection (2) of section 2124 110.205, Florida Statutes, is amended to read: 2125 110.205 Career service; exemptions.— 2126 (2) EXEMPT POSITIONS.—The exempt positions that are not 2127 covered by this part include the following: 2128 (x) All officers and employees of the Justice 2129 Administrative Commission, Office of the State Attorney, Office 2130 of the Public Defender, regional offices of capital collateral 2131 counsel, offices of criminal conflict and civil regional 2132 counsel, and Statewide Guardian Ad Litem Office, including the 2133 circuit guardian ad litem officesprograms. 2134 Section 42. Paragraph (b) of subsection (96) of section 2135 320.08058, Florida Statutes, is amended to read: 2136 320.08058 Specialty license plates.— 2137 (96) GUARDIAN AD LITEM LICENSE PLATES.— 2138 (b) The annual use fees from the sale of the plate shall be 2139 distributed to the Florida Guardian Ad Litem Foundation, Inc., a 2140 direct-support organization and a nonprofit corporation under s. 2141 501(c)(3) of the Internal Revenue Code. Up to 10 percent of the 2142 proceeds may be used for administrative costs and the marketing 2143 of the plate. The remainder of the proceeds must be used in this 2144 state to support the mission and efforts of the Statewide 2145 Guardian Ad Litem OfficeProgramto represent abused, abandoned, 2146 and neglected children and advocate for their best interests; 2147 recruit and retain volunteer child advocates; and meet the 2148 unique needs of the dependent children the program serves. 2149 Section 43. Paragraph (e) of subsection (3) of section 2150 943.053, Florida Statutes, is amended to read: 2151 943.053 Dissemination of criminal justice information; 2152 fees.— 2153 (3) 2154 (e) The fee per record for criminal history information 2155 provided pursuant to this subsection and s. 943.0542 is $24 per 2156 name submitted, except that the fee for the Statewide Guardian 2157 Ad Litem Officeprogramand vendors of the Department of 2158 Children and Families, the Department of Juvenile Justice, the 2159 Agency for Persons with Disabilities, and the Department of 2160 Elderly Affairs is $8 for each name submitted; the fee for a 2161 state criminal history provided for application processing as 2162 required by law to be performed by the Department of Agriculture 2163 and Consumer Services is $15 for each name submitted; and the 2164 fee for requests under s. 943.0542, which implements the 2165 National Child Protection Act, is $18 for each volunteer name 2166 submitted. An office of the public defender or an office of 2167 criminal conflict and civil regional counsel may not be assessed 2168 a fee for Florida criminal history information or wanted person 2169 information. 2170 Section 44. Subsection (2) of section 985.43, Florida 2171 Statutes, is amended to read: 2172 985.43 Predisposition reports; other evaluations.— 2173 (2) The court shall consider the child’s entire assessment 2174 and predisposition report and shall review the records of 2175 earlier judicial proceedings before making a final disposition 2176 of the case. If the child is under the jurisdiction of a 2177 dependency court, the court may receive and consider any 2178 information provided by the Statewide Guardian Ad Litem Office 2179Programand the child’s attorney ad litem, if one is appointed. 2180 The court may, by order, require additional evaluations and 2181 studies to be performed by the department; the county school 2182 system; or any social, psychological, or psychiatric agency of 2183 the state. The court shall order the educational needs 2184 assessment completed under s. 985.18(2) to be included in the 2185 assessment and predisposition report. 2186 Section 45. Subsection (4) of section 985.441, Florida 2187 Statutes, is amended to read: 2188 985.441 Commitment.— 2189 (4) The department may transfer a child, when necessary to 2190 appropriately administer the child’s commitment, from one 2191 facility or program to another facility or program operated, 2192 contracted, subcontracted, or designated by the department, 2193 including a postcommitment nonresidential conditional release 2194 program, except that the department may not transfer any child 2195 adjudicated solely for a misdemeanor to a residential program 2196 except as provided in subsection (2). The department shall 2197 notify the court that committed the child to the department and 2198 any attorney of record for the child, in writing, of its intent 2199 to transfer the child from a commitment facility or program to 2200 another facility or program of a higher or lower restrictiveness 2201 level. If the child is under the jurisdiction of a dependency 2202 court, the department shall also provide notice to the 2203 dependency court,andthe Department of Children and Families, 2204and, if appointed,the Statewide Guardian Ad Litem Office, 2205Programand the child’s attorney ad litem, if one is appointed. 2206 The court that committed the child may agree to the transfer or 2207 may set a hearing to review the transfer. If the court does not 2208 respond within 10 days after receipt of the notice, the transfer 2209 of the child shall be deemed granted. 2210 Section 46. Subsection (3) of section 985.455, Florida 2211 Statutes, is amended to read: 2212 985.455 Other dispositional issues.— 2213 (3) Any commitment of a delinquent child to the department 2214 must be for an indeterminate period of time, which may include 2215 periods of temporary release; however, the period of time may 2216 not exceed the maximum term of imprisonment that an adult may 2217 serve for the same offense, except that the duration of a 2218 minimum-risk nonresidential commitment for an offense that is a 2219 misdemeanor of the second degree, or is equivalent to a 2220 misdemeanor of the second degree, may be for a period not to 2221 exceed 6 months. The duration of the child’s placement in a 2222 commitment program of any restrictiveness level shall be based 2223 on objective performance-based treatment planning. The child’s 2224 treatment plan progress and adjustment-related issues shall be 2225 reported to the court quarterly, unless the court requests 2226 monthly reports. If the child is under the jurisdiction of a 2227 dependency court, the court may receive and consider any 2228 information provided by the Statewide Guardian Ad Litem Office 2229Programor the child’s attorney ad litem, if one is appointed. 2230 The child’s length of stay in a commitment program may be 2231 extended if the child fails to comply with or participate in 2232 treatment activities. The child’s length of stay in the program 2233 shall not be extended for purposes of sanction or punishment. 2234 Any temporary release from such program must be approved by the 2235 court. Any child so committed may be discharged from 2236 institutional confinement or a program upon the direction of the 2237 department with the concurrence of the court. The child’s 2238 treatment plan progress and adjustment-related issues must be 2239 communicated to the court at the time the department requests 2240 the court to consider releasing the child from the commitment 2241 program. The department shall give the court that committed the 2242 child to the department reasonable notice, in writing, of its 2243 desire to discharge the child from a commitment facility. The 2244 court that committed the child may thereafter accept or reject 2245 the request. If the court does not respond within 10 days after 2246 receipt of the notice, the request of the department shall be 2247 deemed granted. This section does not limit the department’s 2248 authority to revoke a child’s temporary release status and 2249 return the child to a commitment facility for any violation of 2250 the terms and conditions of the temporary release. 2251 Section 47. Paragraph (b) of subsection (4) of section 2252 985.461, Florida Statutes, is amended to read: 2253 985.461 Transition to adulthood.— 2254 (4) As part of the child’s treatment plan, the department 2255 may provide transition-to-adulthood services to children 2256 released from residential commitment. To support participation 2257 in transition-to-adulthood services and subject to 2258 appropriation, the department may: 2259 (b) Use community reentry teams to assist in the 2260 development of a list of age-appropriate activities and 2261 responsibilities to be incorporated in the child’s written case 2262 plan for any youth who is under the custody or supervision of 2263 the department. Community reentry teams may include 2264 representatives from school districts, law enforcement, 2265 workforce development services, community-based service 2266 providers, the Statewide Guardian Ad Litem OfficeProgram, and 2267 the youth’s family. Such community reentry teams must be created 2268 within existing resources provided to the department. Activities 2269 may include, but are not limited to, life skills training, 2270 including training to develop banking and budgeting skills, 2271 interviewing and career planning skills, parenting skills, 2272 personal health management, and time management or 2273 organizational skills; educational support; employment training; 2274 and counseling. 2275 Section 48. Subsection (11) of section 985.48, Florida 2276 Statutes, is amended to read: 2277 985.48 Juvenile sexual offender commitment programs; sexual 2278 abuse intervention networks.— 2279 (11) Membership of a sexual abuse intervention network 2280 shall include, but is not limited to, representatives from: 2281 (a) Local law enforcement agencies; 2282 (b) Local school boards; 2283 (c) Child protective investigators; 2284 (d) The office of the state attorney; 2285 (e) The office of the public defender; 2286 (f) The juvenile division of the circuit court; 2287 (g) Professionals licensed under chapter 458, chapter 459, 2288 s. 490.0145, or s. 491.0144 providing treatment for juvenile 2289 sexual offenders or their victims; 2290 (h) The Statewide Guardian Ad Litem Officeprogram; 2291 (i) The Department of Juvenile Justice; and 2292 (j) The Department of Children and Families. 2293 Section 49. Subsection (1) of section 39.302, Florida 2294 Statutes, is amended to read: 2295 39.302 Protective investigations of institutional child 2296 abuse, abandonment, or neglect.— 2297 (1) The department shall conduct a child protective 2298 investigation of each report of institutional child abuse, 2299 abandonment, or neglect. Upon receipt of a report that alleges 2300 that an employee or agent of the department, or any other entity 2301 or person covered by s. 39.01(39) or (57)s. 39.01(36) or (54), 2302 acting in an official capacity, has committed an act of child 2303 abuse, abandonment, or neglect, the department shall initiate a 2304 child protective investigation within the timeframe established 2305 under s. 39.101(2) and notify the appropriate state attorney, 2306 law enforcement agency, and licensing agency, which shall 2307 immediately conduct a joint investigation, unless independent 2308 investigations are more feasible. When conducting investigations 2309 or having face-to-face interviews with the child, investigation 2310 visits shall be unannounced unless it is determined by the 2311 department or its agent that unannounced visits threaten the 2312 safety of the child. If a facility is exempt from licensing, the 2313 department shall inform the owner or operator of the facility of 2314 the report. Each agency conducting a joint investigation is 2315 entitled to full access to the information gathered by the 2316 department in the course of the investigation. A protective 2317 investigation must include an interview with the child’s parent 2318 or legal guardian. The department shall make a full written 2319 report to the state attorney within 3 business days after making 2320 the oral report. A criminal investigation shall be coordinated, 2321 whenever possible, with the child protective investigation of 2322 the department. Any interested person who has information 2323 regarding the offenses described in this subsection may forward 2324 a statement to the state attorney as to whether prosecution is 2325 warranted and appropriate. Within 15 days after the completion 2326 of the investigation, the state attorney shall report the 2327 findings to the department and shall include in the report a 2328 determination of whether or not prosecution is justified and 2329 appropriate in view of the circumstances of the specific case. 2330 Section 50. Paragraph (c) of subsection (1) of section 2331 39.521, Florida Statutes, is amended to read: 2332 39.521 Disposition hearings; powers of disposition.— 2333 (1) A disposition hearing shall be conducted by the court, 2334 if the court finds that the facts alleged in the petition for 2335 dependency were proven in the adjudicatory hearing, or if the 2336 parents or legal custodians have consented to the finding of 2337 dependency or admitted the allegations in the petition, have 2338 failed to appear for the arraignment hearing after proper 2339 notice, or have not been located despite a diligent search 2340 having been conducted. 2341 (c) When any child is adjudicated by a court to be 2342 dependent, the court having jurisdiction of the child has the 2343 power by order to: 2344 1. Require the parent and, when appropriate, the legal 2345 guardian or the child to participate in treatment and services 2346 identified as necessary. The court may require the person who 2347 has custody or who is requesting custody of the child to submit 2348 to a mental health or substance abuse disorder assessment or 2349 evaluation. The order may be made only upon good cause shown and 2350 pursuant to notice and procedural requirements provided under 2351 the Florida Rules of Juvenile Procedure. The mental health 2352 assessment or evaluation must be administered by a qualified 2353 professional as defined in s. 39.01, and the substance abuse 2354 assessment or evaluation must be administered by a qualified 2355 professional as defined in s. 397.311. The court may also 2356 require such person to participate in and comply with treatment 2357 and services identified as necessary, including, when 2358 appropriate and available, participation in and compliance with 2359 a mental health court program established under chapter 394 or a 2360 treatment-based drug court program established under s. 397.334. 2361 Adjudication of a child as dependent based upon evidence of harm 2362 as defined in s. 39.01(37)(g)s. 39.01(34)(g)demonstrates good 2363 cause, and the court shall require the parent whose actions 2364 caused the harm to submit to a substance abuse disorder 2365 assessment or evaluation and to participate and comply with 2366 treatment and services identified in the assessment or 2367 evaluation as being necessary. In addition to supervision by the 2368 department, the court, including the mental health court program 2369 or the treatment-based drug court program, may oversee the 2370 progress and compliance with treatment by a person who has 2371 custody or is requesting custody of the child. The court may 2372 impose appropriate available sanctions for noncompliance upon a 2373 person who has custody or is requesting custody of the child or 2374 make a finding of noncompliance for consideration in determining 2375 whether an alternative placement of the child is in the child’s 2376 best interests. Any order entered under this subparagraph may be 2377 made only upon good cause shown. This subparagraph does not 2378 authorize placement of a child with a person seeking custody of 2379 the child, other than the child’s parent or legal custodian, who 2380 requires mental health or substance abuse disorder treatment. 2381 2. Require, if the court deems necessary, the parties to 2382 participate in dependency mediation. 2383 3. Require placement of the child either under the 2384 protective supervision of an authorized agent of the department 2385 in the home of one or both of the child’s parents or in the home 2386 of a relative of the child or another adult approved by the 2387 court, or in the custody of the department. Protective 2388 supervision continues until the court terminates it or until the 2389 child reaches the age of 18, whichever date is first. Protective 2390 supervision shall be terminated by the court whenever the court 2391 determines that permanency has been achieved for the child, 2392 whether with a parent, another relative, or a legal custodian, 2393 and that protective supervision is no longer needed. The 2394 termination of supervision may be with or without retaining 2395 jurisdiction, at the court’s discretion, and shall in either 2396 case be considered a permanency option for the child. The order 2397 terminating supervision by the department must set forth the 2398 powers of the custodian of the child and include the powers 2399 ordinarily granted to a guardian of the person of a minor unless 2400 otherwise specified. Upon the court’s termination of supervision 2401 by the department, further judicial reviews are not required if 2402 permanency has been established for the child. 2403 4. Determine whether the child has a strong attachment to 2404 the prospective permanent guardian and whether such guardian has 2405 a strong commitment to permanently caring for the child. 2406 Section 51. Paragraph (c) of subsection (2) of section 2407 61.13, Florida Statutes, is amended to read: 2408 61.13 Support of children; parenting and time-sharing; 2409 powers of court.— 2410 (2) 2411 (c) The court shall determine all matters relating to 2412 parenting and time-sharing of each minor child of the parties in 2413 accordance with the best interests of the child and in 2414 accordance with the Uniform Child Custody Jurisdiction and 2415 Enforcement Act, except that modification of a parenting plan 2416 and time-sharing schedule requires a showing of a substantial 2417 and material change of circumstances. 2418 1. It is the public policy of this state that each minor 2419 child has frequent and continuing contact with both parents 2420 after the parents separate or the marriage of the parties is 2421 dissolved and to encourage parents to share the rights and 2422 responsibilities, and joys, of childrearing. Unless otherwise 2423 provided in this section or agreed to by the parties, there is a 2424 rebuttable presumption that equal time-sharing of a minor child 2425 is in the best interests of the minor child. To rebut this 2426 presumption, a party must prove by a preponderance of the 2427 evidence that equal time-sharing is not in the best interests of 2428 the minor child. Except when a time-sharing schedule is agreed 2429 to by the parties and approved by the court, the court must 2430 evaluate all of the factors set forth in subsection (3) and make 2431 specific written findings of fact when creating or modifying a 2432 time-sharing schedule. 2433 2. The court shall order that the parental responsibility 2434 for a minor child be shared by both parents unless the court 2435 finds that shared parental responsibility would be detrimental 2436 to the child. In determining detriment to the child, the court 2437 shall consider: 2438 a. Evidence of domestic violence, as defined in s. 741.28; 2439 b. Whether either parent has or has had reasonable cause to 2440 believe that he or she or his or her minor child or children are 2441 or have been in imminent danger of becoming victims of an act of 2442 domestic violence as defined in s. 741.28 or sexual violence as 2443 defined in s. 784.046(1)(c) by the other parent against the 2444 parent or against the child or children whom the parents share 2445 in common regardless of whether a cause of action has been 2446 brought or is currently pending in the court; 2447 c. Whether either parent has or has had reasonable cause to 2448 believe that his or her minor child or children are or have been 2449 in imminent danger of becoming victims of an act of abuseas2450defined in s. 39.01(2), abandonmentas defined in s. 39.01(1), 2451 or neglect, as those terms are defined in s. 39.01,s. 39.01(50)2452 by the other parent against the child or children whom the 2453 parents share in common regardless of whether a cause of action 2454 has been brought or is currently pending in the court; and 2455 d. Any other relevant factors. 2456 3. The following evidence creates a rebuttable presumption 2457 that shared parental responsibility is detrimental to the child: 2458 a. A parent has been convicted of a misdemeanor of the 2459 first degree or higher involving domestic violence, as defined 2460 in s. 741.28 and chapter 775; 2461 b. A parent meets the criteria of s. 39.806(1)(d); or 2462 c. A parent has been convicted of or had adjudication 2463 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2464 at the time of the offense: 2465 (I) The parent was 18 years of age or older. 2466 (II) The victim was under 18 years of age or the parent 2467 believed the victim to be under 18 years of age. 2468 2469 If the presumption is not rebutted after the convicted parent is 2470 advised by the court that the presumption exists, shared 2471 parental responsibility, including time-sharing with the child, 2472 and decisions made regarding the child, may not be granted to 2473 the convicted parent. However, the convicted parent is not 2474 relieved of any obligation to provide financial support. If the 2475 court determines that shared parental responsibility would be 2476 detrimental to the child, it may order sole parental 2477 responsibility and make such arrangements for time-sharing as 2478 specified in the parenting plan as will best protect the child 2479 or abused spouse from further harm. Whether or not there is a 2480 conviction of any offense of domestic violence or child abuse or 2481 the existence of an injunction for protection against domestic 2482 violence, the court shall consider evidence of domestic violence 2483 or child abuse as evidence of detriment to the child. 2484 4. In ordering shared parental responsibility, the court 2485 may consider the expressed desires of the parents and may grant 2486 to one party the ultimate responsibility over specific aspects 2487 of the child’s welfare or may divide those responsibilities 2488 between the parties based on the best interests of the child. 2489 Areas of responsibility may include education, health care, and 2490 any other responsibilities that the court finds unique to a 2491 particular family. 2492 5. The court shall order sole parental responsibility for a 2493 minor child to one parent, with or without time-sharing with the 2494 other parent if it is in the best interests of the minor child. 2495 6. There is a rebuttable presumption against granting time 2496 sharing with a minor child if a parent has been convicted of or 2497 had adjudication withheld for an offense enumerated in s. 2498 943.0435(1)(h)1.a., and at the time of the offense: 2499 a. The parent was 18 years of age or older. 2500 b. The victim was under 18 years of age or the parent 2501 believed the victim to be under 18 years of age. 2502 2503 A parent may rebut the presumption upon a specific finding in 2504 writing by the court that the parent poses no significant risk 2505 of harm to the child and that time-sharing is in the best 2506 interests of the minor child. If the presumption is rebutted, 2507 the court must consider all time-sharing factors in subsection 2508 (3) when developing a time-sharing schedule. 2509 7. Access to records and information pertaining to a minor 2510 child, including, but not limited to, medical, dental, and 2511 school records, may not be denied to either parent. Full rights 2512 under this subparagraph apply to either parent unless a court 2513 order specifically revokes these rights, including any 2514 restrictions on these rights as provided in a domestic violence 2515 injunction. A parent having rights under this subparagraph has 2516 the same rights upon request as to form, substance, and manner 2517 of access as are available to the other parent of a child, 2518 including, without limitation, the right to in-person 2519 communication with medical, dental, and education providers. 2520 Section 52. Paragraph (d) of subsection (4) of section 2521 119.071, Florida Statutes, is amended to read: 2522 119.071 General exemptions from inspection or copying of 2523 public records.— 2524 (4) AGENCY PERSONNEL INFORMATION.— 2525 (d)1. For purposes of this paragraph, the term: 2526 a. “Home addresses” means the dwelling location at which an 2527 individual resides and includes the physical address, mailing 2528 address, street address, parcel identification number, plot 2529 identification number, legal property description, neighborhood 2530 name and lot number, GPS coordinates, and any other descriptive 2531 property information that may reveal the home address. 2532 b. “Judicial assistant” means a court employee assigned to 2533 the following class codes: 8140, 8150, 8310, and 8320. 2534 c. “Telephone numbers” includes home telephone numbers, 2535 personal cellular telephone numbers, personal pager telephone 2536 numbers, and telephone numbers associated with personal 2537 communications devices. 2538 2.a. The home addresses, telephone numbers, dates of birth, 2539 and photographs of active or former sworn law enforcement 2540 personnel or of active or former civilian personnel employed by 2541 a law enforcement agency, including correctional and 2542 correctional probation officers, personnel of the Department of 2543 Children and Families whose duties include the investigation of 2544 abuse, neglect, exploitation, fraud, theft, or other criminal 2545 activities, personnel of the Department of Health whose duties 2546 are to support the investigation of child abuse or neglect, and 2547 personnel of the Department of Revenue or local governments 2548 whose responsibilities include revenue collection and 2549 enforcement or child support enforcement; the names, home 2550 addresses, telephone numbers, photographs, dates of birth, and 2551 places of employment of the spouses and children of such 2552 personnel; and the names and locations of schools and day care 2553 facilities attended by the children of such personnel are exempt 2554 from s. 119.07(1) and s. 24(a), Art. I of the State 2555 Constitution. 2556 b. The home addresses, telephone numbers, dates of birth, 2557 and photographs of current or former nonsworn investigative 2558 personnel of the Department of Financial Services whose duties 2559 include the investigation of fraud, theft, workers’ compensation 2560 coverage requirements and compliance, other related criminal 2561 activities, or state regulatory requirement violations; the 2562 names, home addresses, telephone numbers, dates of birth, and 2563 places of employment of the spouses and children of such 2564 personnel; and the names and locations of schools and day care 2565 facilities attended by the children of such personnel are exempt 2566 from s. 119.07(1) and s. 24(a), Art. I of the State 2567 Constitution. 2568 c. The home addresses, telephone numbers, dates of birth, 2569 and photographs of current or former nonsworn investigative 2570 personnel of the Office of Financial Regulation’s Bureau of 2571 Financial Investigations whose duties include the investigation 2572 of fraud, theft, other related criminal activities, or state 2573 regulatory requirement violations; the names, home addresses, 2574 telephone numbers, dates of birth, and places of employment of 2575 the spouses and children of such personnel; and the names and 2576 locations of schools and day care facilities attended by the 2577 children of such personnel are exempt from s. 119.07(1) and s. 2578 24(a), Art. I of the State Constitution. 2579 d. The home addresses, telephone numbers, dates of birth, 2580 and photographs of current or former firefighters certified in 2581 compliance with s. 633.408; the names, home addresses, telephone 2582 numbers, photographs, dates of birth, and places of employment 2583 of the spouses and children of such firefighters; and the names 2584 and locations of schools and day care facilities attended by the 2585 children of such firefighters are exempt from s. 119.07(1) and 2586 s. 24(a), Art. I of the State Constitution. 2587 e. The home addresses, dates of birth, and telephone 2588 numbers of current or former justices of the Supreme Court, 2589 district court of appeal judges, circuit court judges, and 2590 county court judges,andofcurrent judicial assistants; the 2591 names, home addresses, telephone numbers, dates of birth, and 2592 places of employment of the spouses and children of current or 2593 former justices and judges andofcurrent judicial assistants; 2594 and the names and locations of schools and day care facilities 2595 attended by the children of current or former justices and 2596 judges and of current judicial assistants are exempt from s. 2597 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2598 sub-subparagraph is subject to the Open Government Sunset Review 2599 Act in accordance with s. 119.15 and shall stand repealed on 2600 October 2, 2028, unless reviewed and saved from repeal through 2601 reenactment by the Legislature. 2602 f. The home addresses, telephone numbers, dates of birth, 2603 and photographs of current or former state attorneys, assistant 2604 state attorneys, statewide prosecutors, or assistant statewide 2605 prosecutors; the names, home addresses, telephone numbers, 2606 photographs, dates of birth, and places of employment of the 2607 spouses and children of current or former state attorneys, 2608 assistant state attorneys, statewide prosecutors, or assistant 2609 statewide prosecutors; and the names and locations of schools 2610 and day care facilities attended by the children of current or 2611 former state attorneys, assistant state attorneys, statewide 2612 prosecutors, or assistant statewide prosecutors are exempt from 2613 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2614 g. The home addresses, dates of birth, and telephone 2615 numbers of general magistrates, special magistrates, judges of 2616 compensation claims, administrative law judges of the Division 2617 of Administrative Hearings, and child support enforcement 2618 hearing officers; the names, home addresses, telephone numbers, 2619 dates of birth, and places of employment of the spouses and 2620 children of general magistrates, special magistrates, judges of 2621 compensation claims, administrative law judges of the Division 2622 of Administrative Hearings, and child support enforcement 2623 hearing officers; and the names and locations of schools and day 2624 care facilities attended by the children of general magistrates, 2625 special magistrates, judges of compensation claims, 2626 administrative law judges of the Division of Administrative 2627 Hearings, and child support enforcement hearing officers are 2628 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2629 Constitution. 2630 h. The home addresses, telephone numbers, dates of birth, 2631 and photographs of current or former human resource, labor 2632 relations, or employee relations directors, assistant directors, 2633 managers, or assistant managers of any local government agency 2634 or water management district whose duties include hiring and 2635 firing employees, labor contract negotiation, administration, or 2636 other personnel-related duties; the names, home addresses, 2637 telephone numbers, dates of birth, and places of employment of 2638 the spouses and children of such personnel; and the names and 2639 locations of schools and day care facilities attended by the 2640 children of such personnel are exempt from s. 119.07(1) and s. 2641 24(a), Art. I of the State Constitution. 2642 i. The home addresses, telephone numbers, dates of birth, 2643 and photographs of current or former code enforcement officers; 2644 the names, home addresses, telephone numbers, dates of birth, 2645 and places of employment of the spouses and children of such 2646 personnel; and the names and locations of schools and day care 2647 facilities attended by the children of such personnel are exempt 2648 from s. 119.07(1) and s. 24(a), Art. I of the State 2649 Constitution. 2650 j. The home addresses, telephone numbers, places of 2651 employment, dates of birth, and photographs of current or former 2652 guardians ad litem, as defined in s. 39.01s. 39.820; the names, 2653 home addresses, telephone numbers, dates of birth, and places of 2654 employment of the spouses and children of such persons; and the 2655 names and locations of schools and day care facilities attended 2656 by the children of such persons are exempt from s. 119.07(1) and 2657 s. 24(a), Art. I of the State Constitution. 2658 k. The home addresses, telephone numbers, dates of birth, 2659 and photographs of current or former juvenile probation 2660 officers, juvenile probation supervisors, detention 2661 superintendents, assistant detention superintendents, juvenile 2662 justice detention officers I and II, juvenile justice detention 2663 officer supervisors, juvenile justice residential officers, 2664 juvenile justice residential officer supervisors I and II, 2665 juvenile justice counselors, juvenile justice counselor 2666 supervisors, human services counselor administrators, senior 2667 human services counselor administrators, rehabilitation 2668 therapists, and social services counselors of the Department of 2669 Juvenile Justice; the names, home addresses, telephone numbers, 2670 dates of birth, and places of employment of spouses and children 2671 of such personnel; and the names and locations of schools and 2672 day care facilities attended by the children of such personnel 2673 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2674 Constitution. 2675 l. The home addresses, telephone numbers, dates of birth, 2676 and photographs of current or former public defenders, assistant 2677 public defenders, criminal conflict and civil regional counsel, 2678 and assistant criminal conflict and civil regional counsel; the 2679 names, home addresses, telephone numbers, dates of birth, and 2680 places of employment of the spouses and children of current or 2681 former public defenders, assistant public defenders, criminal 2682 conflict and civil regional counsel, and assistant criminal 2683 conflict and civil regional counsel; and the names and locations 2684 of schools and day care facilities attended by the children of 2685 current or former public defenders, assistant public defenders, 2686 criminal conflict and civil regional counsel, and assistant 2687 criminal conflict and civil regional counsel are exempt from s. 2688 119.07(1) and s. 24(a), Art. I of the State Constitution. 2689 m. The home addresses, telephone numbers, dates of birth, 2690 and photographs of current or former investigators or inspectors 2691 of the Department of Business and Professional Regulation; the 2692 names, home addresses, telephone numbers, dates of birth, and 2693 places of employment of the spouses and children of such current 2694 or former investigators and inspectors; and the names and 2695 locations of schools and day care facilities attended by the 2696 children of such current or former investigators and inspectors 2697 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2698 Constitution. 2699 n. The home addresses, telephone numbers, and dates of 2700 birth of county tax collectors; the names, home addresses, 2701 telephone numbers, dates of birth, and places of employment of 2702 the spouses and children of such tax collectors; and the names 2703 and locations of schools and day care facilities attended by the 2704 children of such tax collectors are exempt from s. 119.07(1) and 2705 s. 24(a), Art. I of the State Constitution. 2706 o. The home addresses, telephone numbers, dates of birth, 2707 and photographs of current or former personnel of the Department 2708 of Health whose duties include, or result in, the determination 2709 or adjudication of eligibility for social security disability 2710 benefits, the investigation or prosecution of complaints filed 2711 against health care practitioners, or the inspection of health 2712 care practitioners or health care facilities licensed by the 2713 Department of Health; the names, home addresses, telephone 2714 numbers, dates of birth, and places of employment of the spouses 2715 and children of such personnel; and the names and locations of 2716 schools and day care facilities attended by the children of such 2717 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2718 the State Constitution. 2719 p. The home addresses, telephone numbers, dates of birth, 2720 and photographs of current or former impaired practitioner 2721 consultants who are retained by an agency or current or former 2722 employees of an impaired practitioner consultant whose duties 2723 result in a determination of a person’s skill and safety to 2724 practice a licensed profession; the names, home addresses, 2725 telephone numbers, dates of birth, and places of employment of 2726 the spouses and children of such consultants or their employees; 2727 and the names and locations of schools and day care facilities 2728 attended by the children of such consultants or employees are 2729 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2730 Constitution. 2731 q. The home addresses, telephone numbers, dates of birth, 2732 and photographs of current or former emergency medical 2733 technicians or paramedics certified under chapter 401; the 2734 names, home addresses, telephone numbers, dates of birth, and 2735 places of employment of the spouses and children of such 2736 emergency medical technicians or paramedics; and the names and 2737 locations of schools and day care facilities attended by the 2738 children of such emergency medical technicians or paramedics are 2739 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2740 Constitution. 2741 r. The home addresses, telephone numbers, dates of birth, 2742 and photographs of current or former personnel employed in an 2743 agency’s office of inspector general or internal audit 2744 department whose duties include auditing or investigating waste, 2745 fraud, abuse, theft, exploitation, or other activities that 2746 could lead to criminal prosecution or administrative discipline; 2747 the names, home addresses, telephone numbers, dates of birth, 2748 and places of employment of spouses and children of such 2749 personnel; and the names and locations of schools and day care 2750 facilities attended by the children of such personnel are exempt 2751 from s. 119.07(1) and s. 24(a), Art. I of the State 2752 Constitution. 2753 s. The home addresses, telephone numbers, dates of birth, 2754 and photographs of current or former directors, managers, 2755 supervisors, nurses, and clinical employees of an addiction 2756 treatment facility; the home addresses, telephone numbers, 2757 photographs, dates of birth, and places of employment of the 2758 spouses and children of such personnel; and the names and 2759 locations of schools and day care facilities attended by the 2760 children of such personnel are exempt from s. 119.07(1) and s. 2761 24(a), Art. I of the State Constitution. For purposes of this 2762 sub-subparagraph, the term “addiction treatment facility” means 2763 a county government, or agency thereof, that is licensed 2764 pursuant to s. 397.401 and provides substance abuse prevention, 2765 intervention, or clinical treatment, including any licensed 2766 service component described in s. 397.311(26). 2767 t. The home addresses, telephone numbers, dates of birth, 2768 and photographs of current or former directors, managers, 2769 supervisors, and clinical employees of a child advocacy center 2770 that meets the standards of s. 39.3035(2) and fulfills the 2771 screening requirement of s. 39.3035(3), and the members of a 2772 Child Protection Team as described in s. 39.303 whose duties 2773 include supporting the investigation of child abuse or sexual 2774 abuse, child abandonment, child neglect, and child exploitation 2775 or to provide services as part of a multidisciplinary case 2776 review team; the names, home addresses, telephone numbers, 2777 photographs, dates of birth, and places of employment of the 2778 spouses and children of such personnel and members; and the 2779 names and locations of schools and day care facilities attended 2780 by the children of such personnel and members are exempt from s. 2781 119.07(1) and s. 24(a), Art. I of the State Constitution. 2782 u. The home addresses, telephone numbers, places of 2783 employment, dates of birth, and photographs of current or former 2784 staff and domestic violence advocates, as defined in s. 2785 90.5036(1)(b), of domestic violence centers certified by the 2786 Department of Children and Families under chapter 39; the names, 2787 home addresses, telephone numbers, places of employment, dates 2788 of birth, and photographs of the spouses and children of such 2789 personnel; and the names and locations of schools and day care 2790 facilities attended by the children of such personnel are exempt 2791 from s. 119.07(1) and s. 24(a), Art. I of the State 2792 Constitution. 2793 v. The home addresses, telephone numbers, dates of birth, 2794 and photographs of current or former inspectors or investigators 2795 of the Department of Agriculture and Consumer Services; the 2796 names, home addresses, telephone numbers, dates of birth, and 2797 places of employment of the spouses and children of current or 2798 former inspectors or investigators; and the names and locations 2799 of schools and day care facilities attended by the children of 2800 current or former inspectors or investigators are exempt from s. 2801 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2802 sub-subparagraph is subject to the Open Government Sunset Review 2803 Act in accordance with s. 119.15 and shall stand repealed on 2804 October 2, 2028, unless reviewed and saved from repeal through 2805 reenactment by the Legislature. 2806 3. An agency that is the custodian of the information 2807 specified in subparagraph 2. and that is not the employer of the 2808 officer, employee, justice, judge, or other person specified in 2809 subparagraph 2. must maintain the exempt status of that 2810 information only if the officer, employee, justice, judge, other 2811 person, or employing agency of the designated employee submits a 2812 written and notarized request for maintenance of the exemption 2813 to the custodial agency. The request must state under oath the 2814 statutory basis for the individual’s exemption request and 2815 confirm the individual’s status as a party eligible for exempt 2816 status. 2817 4.a. A county property appraiser, as defined in s. 2818 192.001(3), or a county tax collector, as defined in s. 2819 192.001(4), who receives a written and notarized request for 2820 maintenance of the exemption pursuant to subparagraph 3. must 2821 comply by removing the name of the individual with exempt status 2822 and the instrument number or Official Records book and page 2823 number identifying the property with the exempt status from all 2824 publicly available records maintained by the property appraiser 2825 or tax collector. For written requests received on or before 2826 July 1, 2021, a county property appraiser or county tax 2827 collector must comply with this sub-subparagraph by October 1, 2828 2021. A county property appraiser or county tax collector may 2829 not remove the street address, legal description, or other 2830 information identifying real property within the agency’s 2831 records so long as a name or personal information otherwise 2832 exempt from inspection and copying pursuant to this section is 2833 not associated with the property or otherwise displayed in the 2834 public records of the agency. 2835 b. Any information restricted from public display, 2836 inspection, or copying under sub-subparagraph a. must be 2837 provided to the individual whose information was removed. 2838 5. An officer, an employee, a justice, a judge, or other 2839 person specified in subparagraph 2. may submit a written request 2840 for the release of his or her exempt information to the 2841 custodial agency. The written request must be notarized and must 2842 specify the information to be released and the party authorized 2843 to receive the information. Upon receipt of the written request, 2844 the custodial agency must release the specified information to 2845 the party authorized to receive such information. 2846 6. The exemptions in this paragraph apply to information 2847 held by an agency before, on, or after the effective date of the 2848 exemption. 2849 7. Information made exempt under this paragraph may be 2850 disclosed pursuant to s. 28.2221 to a title insurer authorized 2851 pursuant to s. 624.401 and its affiliates as defined in s. 2852 624.10; a title insurance agent or title insurance agency as 2853 defined in s. 626.841(1) or (2), respectively; or an attorney 2854 duly admitted to practice law in this state and in good standing 2855 with The Florida Bar. 2856 8. The exempt status of a home address contained in the 2857 Official Records is maintained only during the period when a 2858 protected party resides at the dwelling location. Upon 2859 conveyance of real property after October 1, 2021, and when such 2860 real property no longer constitutes a protected party’s home 2861 address as defined in sub-subparagraph 1.a., the protected party 2862 must submit a written request to release the removed information 2863 to the county recorder. The written request to release the 2864 removed information must be notarized, must confirm that a 2865 protected party’s request for release is pursuant to a 2866 conveyance of his or her dwelling location, and must specify the 2867 Official Records book and page, instrument number, or clerk’s 2868 file number for each document containing the information to be 2869 released. 2870 9. Upon the death of a protected party as verified by a 2871 certified copy of a death certificate or court order, any party 2872 can request the county recorder to release a protected 2873 decedent’s removed information unless there is a related request 2874 on file with the county recorder for continued removal of the 2875 decedent’s information or unless such removal is otherwise 2876 prohibited by statute or by court order. The written request to 2877 release the removed information upon the death of a protected 2878 party must attach the certified copy of a death certificate or 2879 court order and must be notarized, must confirm the request for 2880 release is due to the death of a protected party, and must 2881 specify the Official Records book and page number, instrument 2882 number, or clerk’s file number for each document containing the 2883 information to be released. A fee may not be charged for the 2884 release of any document pursuant to such request. 2885 10. Except as otherwise expressly provided in this 2886 paragraph, this paragraph is subject to the Open Government 2887 Sunset Review Act in accordance with s. 119.15 and shall stand 2888 repealed on October 2, 2024, unless reviewed and saved from 2889 repeal through reenactment by the Legislature. 2890 Section 53. Subsection (4) of section 322.09, Florida 2891 Statutes, is amended to read: 2892 322.09 Application of minors; responsibility for negligence 2893 or misconduct of minor.— 2894 (4) Notwithstanding subsections (1) and (2), if a caregiver 2895 of a minor who is under the age of 18 years and is in out-of 2896 home care as defined in s. 39.01s. 39.01(55), an authorized 2897 representative of a residential group home at which such a minor 2898 resides, the caseworker at the agency at which the state has 2899 placed the minor, or a guardian ad litem specifically authorized 2900 by the minor’s caregiver to sign for a learner’s driver license 2901 signs the minor’s application for a learner’s driver license, 2902 that caregiver, group home representative, caseworker, or 2903 guardian ad litem does not assume any obligation or become 2904 liable for any damages caused by the negligence or willful 2905 misconduct of the minor by reason of having signed the 2906 application. Before signing the application, the caseworker, 2907 authorized group home representative, or guardian ad litem shall 2908 notify the caregiver or other responsible party of his or her 2909 intent to sign and verify the application. 2910 Section 54. Paragraph (p) of subsection (4) of section 2911 394.495, Florida Statutes, is amended to read: 2912 394.495 Child and adolescent mental health system of care; 2913 programs and services.— 2914 (4) The array of services may include, but is not limited 2915 to: 2916 (p) Trauma-informed services for children who have suffered 2917 sexual exploitation as defined in s. 39.01(80)(g)s.291839.01(77)(g). 2919 Section 55. Section 627.746, Florida Statutes, is amended 2920 to read: 2921 627.746 Coverage for minors who have a learner’s driver 2922 license; additional premium prohibited.—An insurer that issues 2923 an insurance policy on a private passenger motor vehicle to a 2924 named insured who is a caregiver of a minor who is under the age 2925 of 18 years and is in out-of-home care as defined in s. 39.01s.292639.01(55)may not charge an additional premium for coverage of 2927 the minor while the minor is operating the insured vehicle, for 2928 the period of time that the minor has a learner’s driver 2929 license, until such time as the minor obtains a driver license. 2930 Section 56. Paragraph (c) of subsection (1) of section 2931 934.255, Florida Statutes, is amended to read: 2932 934.255 Subpoenas in investigations of sexual offenses.— 2933 (1) As used in this section, the term: 2934 (c) “Sexual abuse of a child” means a criminal offense 2935 based on any conduct described in s. 39.01(80)s. 39.01(77). 2936 Section 57. Subsection (5) of section 960.065, Florida 2937 Statutes, is amended to read: 2938 960.065 Eligibility for awards.— 2939 (5) A person is not ineligible for an award pursuant to 2940 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2941 person is a victim of sexual exploitation of a child as defined 2942 in s. 39.01(80)(g)s. 39.01(77)(g). 2943 Section 58. The Division of Law Revision is requested to 2944 prepare a reviser’s bill for the 2025 Regular Session of the 2945 Legislature to substitute the term “Statewide Guardian ad Litem 2946 Office” for the term “Guardian ad Litem Program” or “Statewide 2947 Guardian ad Litem Program” throughout the Florida Statutes. 2948 Section 59. This act shall take effect July 1, 2024.