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 CS for SB 1224 By the Committee on Fiscal Policy; the Appropriations Committee on Criminal and Civil Justice; the Committee on Children, Families, and Elder Affairs; and Senator Burton 594-03651-24 20241224c3 1 A bill to be entitled 2 An act relating to dependent children; amending s. 3 39.001, F.S.; revising the purposes of ch. 39, F.S.; 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; amending s. 414.56, F.S.; 102 revising the duties of the Office of Continuing Care; 103 creating s. 1009.898, F.S.; authorizing, subject to 104 appropriation, the Fostering Prosperity program to 105 provide certain grants to youth and young adults who 106 are aging out of foster care; requiring that such 107 grants remain available for a certain period of time 108 after reunification of a young adult with his or her 109 parent; requiring the State Board of Education to 110 adopt certain rules; amending ss. 29.008, 39.6011, 111 40.24, 43.16, 61.402, 110.205, 320.08058, 943.053, 112 985.43, 985.441, 985.455, 985.461, and 985.48, F.S.; 113 conforming provisions to changes made by the act; 114 amending ss. 39.302, 39.521, 61.13, 119.071, 322.09, 115 394.495, 627.746, 934.255, and 960.065, F.S.; 116 conforming cross-references; providing a directive to 117 the Division of Law Revision; providing an effective 118 date. 119 120 Be It Enacted by the Legislature of the State of Florida: 121 122 Section 1. Paragraph (j) of subsection (1), paragraph (j) 123 of subsection (3), and paragraph (a) of subsection (10) of 124 section 39.001, Florida Statutes, are amended to read: 125 39.001 Purposes and intent; personnel standards and 126 screening.— 127 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 128 (j) To ensure that, when reunification or adoption is not 129 possible, the child will be prepared for alternative permanency 130 goals or placements, to include, but not be limited to, long 131 term foster care, independent living, custody to a relative on a 132 permanent basis with or without legal guardianship, or custody 133 to a foster parent or legal custodian on a permanent basis with 134 or without legal guardianship. Permanency for a child who is 135 transitioning from foster care to independent living includes 136 naturally occurring, lifelong, kin-like connections between the 137 child and a supportive adult. 138 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 139 the Legislature that the children of this state be provided with 140 the following protections: 141 (j) The ability to contact their guardian ad litem or 142 attorney ad litem, if one is appointed, by having that 143 individual’s name entered on all orders of the court. 144 (10) PLAN FOR COMPREHENSIVE APPROACH.— 145 (a) The office shall develop a state plan for the promotion 146 of adoption, support of adoptive families, and prevention of 147 abuse, abandonment, and neglect of children. The Department of 148 Children and Families, the Department of Corrections, the 149 Department of Education, the Department of Health, the 150 Department of Juvenile Justice, the Department of Law 151 Enforcement, the Statewide Guardian ad Litem Office, and the 152 Agency for Persons with Disabilities shall participate and fully 153 cooperate in the development of the state plan at both the state 154 and local levels. Furthermore, appropriate local agencies and 155 organizations shall be provided an opportunity to participate in 156 the development of the state plan at the local level. 157 Appropriate local groups and organizations shall include, but 158 not be limited to, community mental health centers; circuit 159 guardian ad litem officesprograms for children under the160circuit court; the school boards of the local school districts; 161 the Florida local advocacy councils; community-based care lead 162 agencies; private or public organizations or programs with 163 recognized expertise in working with child abuse prevention 164 programs for children and families; private or public 165 organizations or programs with recognized expertise in working 166 with children who are sexually abused, physically abused, 167 emotionally abused, abandoned, or neglected and with expertise 168 in working with the families of such children; private or public 169 programs or organizations with expertise in maternal and infant 170 health care; multidisciplinary Child Protection Teams; child day 171 care centers; law enforcement agencies; and the circuit courts,172when guardian ad litem programs are not available in the local173area. The state plan to be provided to the Legislature and the 174 Governor shall include, as a minimum, the information required 175 of the various groups in paragraph (b). 176 Section 2. Subsection (2) of section 39.00145, Florida 177 Statutes, is amended to read: 178 39.00145 Records concerning children.— 179 (2) Notwithstanding any other provision of this chapter, 180 all records in a child’s case record must be made available for 181 inspection, upon request, to the child who is the subject of the 182 case record and to the child’s caregiver, guardian ad litem, or 183 attorney ad litem, if one is appointed. 184 (a) A complete and accurate copy of any record in a child’s 185 case record must be provided, upon request and at no cost, to 186 the child who is the subject of the case record and to the 187 child’s caregiver, guardian ad litem, or attorney ad litem, if 188 one is appointed. 189 (b) The department shall release the information in a 190 manner and setting that are appropriate to the age and maturity 191 of the child and the nature of the information being released, 192 which may include the release of information in a therapeutic 193 setting, if appropriate. This paragraph does not deny the child 194 access to his or her records. 195 (c) If a child or the child’s caregiver, guardian ad litem, 196 or attorney ad litem, if one is appointed, requests access to 197 the child’s case record, any person or entity that fails to 198 provide any record in the case record under assertion of a claim 199 of exemption from the public records requirements of chapter 200 119, or fails to provide access within a reasonable time, is 201 subject to sanctions and penalties under s. 119.10. 202 (d) For the purposes of this subsection, the term 203 “caregiver” is limited to parents, legal custodians, permanent 204 guardians, or foster parents; employees of a residential home, 205 institution, facility, or agency at which the child resides; and 206 other individuals legally responsible for a child’s welfare in a 207 residential setting. 208 Section 3. Paragraph (a) of subsection (2) of section 209 39.00146, Florida Statutes, is amended to read: 210 39.00146 Case record face sheet.— 211 (2) The case record of every child under the supervision or 212 in the custody of the department or the department’s authorized 213 agents, including community-based care lead agencies and their 214 subcontracted providers, must include a face sheet containing 215 relevant information about the child and his or her case, 216 including at least all of the following: 217 (a) General case information, including, but not limited 218 to, all of the following: 219 1. The child’s name and date of birth.;220 2. The current county of residence and the county of 221 residence at the time of the referral.;222 3. The reason for the referral and any family safety 223 concerns.;224 4. The personal identifying information of the parents or 225 legal custodians who had custody of the child at the time of the 226 referral, including name, date of birth, and county of 227 residence.;228 5. The date of removal from the home.; and229 6. The name and contact information of the attorney or 230 attorneys assigned to the case in all capacities, including the 231 attorney or attorneys that represent the department and the 232 parents, and the guardian ad litem, if one has been appointed. 233 Section 4. Paragraph (b) of subsection (2) and paragraph 234 (b) of subsection (3) of section 39.0016, Florida Statutes, are 235 amended to read: 236 39.0016 Education of abused, neglected, and abandoned 237 children; agency agreements; children having or suspected of 238 having a disability.— 239 (2) AGENCY AGREEMENTS.— 240 (b) The department shall enter into agreements with 241 district school boards or other local educational entities 242 regarding education and related services for children known to 243 the department who are of school age and children known to the 244 department who are younger than school age but who would 245 otherwise qualify for services from the district school board. 246 Such agreements mustshallinclude, but are not limited to: 247 1. A requirement that the department shall: 248 a. Ensure that children known to the department are 249 enrolled in school or in the best educational setting that meets 250 the needs of the child. The agreement mustshallprovide for 251 continuing the enrollment of a child known to the department at 252 the school of origin when possible if it is in the best interest 253 of the child, with the goal of minimal disruption of education. 254 b. Notify the school and school district in which a child 255 known to the department is enrolled of the name and phone number 256 of the child known to the department caregiver and caseworker 257 for child safety purposes. 258 c. Establish a protocol for the department to share 259 information about a child known to the department with the 260 school district, consistent with the Family Educational Rights 261 and Privacy Act, since the sharing of information will assist 262 each agency in obtaining education and related services for the 263 benefit of the child. The protocol must require the district 264 school boards or other local educational entities to access the 265 department’s Florida Safe Families Network to obtain information 266 about children known to the department, consistent with the 267 Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 268 1232g. 269 d. Notify the school district of the department’s case 270 planning for a child known to the department, both at the time 271 of plan development and plan review. Within the plan development 272 or review process, the school district may provide information 273 regarding the child known to the department if the school 274 district deems it desirable and appropriate. 275 e. Show no prejudice against a caregiver who desires to 276 educate at home a child placed in his or her home through the 277 child welfare system. 278 2. A requirement that the district school board shall: 279 a. Provide the department with a general listing of the 280 services and information available from the district school 281 board to facilitate educational access for a child known to the 282 department. 283 b. Identify all educational and other services provided by 284 the school and school district which the school district 285 believes are reasonably necessary to meet the educational needs 286 of a child known to the department. 287 c. Determine whether transportation is available for a 288 child known to the department when such transportation will 289 avoid a change in school assignment due to a change in 290 residential placement. Recognizing that continued enrollment in 291 the same school throughout the time the child known to the 292 department is in out-of-home care is preferable unless 293 enrollment in the same school would be unsafe or otherwise 294 impractical, the department, the district school board, and the 295 Department of Education shall assess the availability of 296 federal, charitable, or grant funding for such transportation. 297 d. Provide individualized student intervention or an 298 individual educational plan when a determination has been made 299 through legally appropriate criteria that intervention services 300 are required. The intervention or individual educational plan 301 must include strategies to enable the child known to the 302 department to maximize the attainment of educational goals. 303 3. A requirement that the department and the district 304 school board shall cooperate in accessing the services and 305 supports needed for a child known to the department who has or 306 is suspected of having a disability to receive an appropriate 307 education consistent with the Individuals with Disabilities 308 Education Act and state implementing laws, rules, and 309 assurances. Coordination of services for a child known to the 310 department who has or is suspected of having a disability may 311 include: 312 a. Referral for screening. 313 b. Sharing of evaluations between the school district and 314 the department where appropriate. 315 c. Provision of education and related services appropriate 316 for the needs and abilities of the child known to the 317 department. 318 d. Coordination of services and plans between the school 319 and the residential setting to avoid duplication or conflicting 320 service plans. 321 e. Appointment of a surrogate parent, consistent with the 322 Individuals with Disabilities Education Act and pursuant to 323 subsection (3), for educational purposes for a child known to 324 the department who qualifies. 325 f. For each child known to the department 14 years of age 326 and older, transition planning by the department and all 327 providers, including the department’s independent living program 328 staff and the guardian ad litem of the child, to meet the 329 requirements of the local school district for educational 330 purposes. 331 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— 332 (b)1. Each district school superintendent or dependency 333 court must appoint a surrogate parent for a child known to the 334 department who has or is suspected of having a disability, as 335 defined in s. 1003.01(9), when: 336 a. After reasonable efforts, no parent can be located; or 337 b. A court of competent jurisdiction over a child under 338 this chapter has determined that no person has the authority 339 under the Individuals with Disabilities Education Act, including 340 the parent or parents subject to the dependency action, or that 341 no person has the authority, willingness, or ability to serve as 342 the educational decisionmaker for the child without judicial 343 action. 344 2. A surrogate parent appointed by the district school 345 superintendent or the court must be at least 18 years old and 346 have no personal or professional interest that conflicts with 347 the interests of the student to be represented. Neither the 348 district school superintendent nor the court may appoint an 349 employee of the Department of Education, the local school 350 district, a community-based care provider, the Department of 351 Children and Families, or any other public or private agency 352 involved in the education or care of the child as appointment of 353 those persons is prohibited by federal law. This prohibition 354 includes group home staff and therapeutic foster parents. 355 However, a person who acts in a parental role to a child, such 356 as a foster parent or relative caregiver, is not prohibited from 357 serving as a surrogate parent if he or she is employed by such 358 agency, willing to serve, and knowledgeable about the child and 359 the exceptional student education process. The surrogate parent 360 may be a court-appointed guardian ad litem or a relative or 361 nonrelative adult who is involved in the child’s life regardless 362 of whether that person has physical custody of the child. Each 363 person appointed as a surrogate parent must have the knowledge 364 and skills acquired by successfully completing training using 365 materials developed and approved by the Department of Education 366 to ensure adequate representation of the child. 367 3.If a guardian ad litem has been appointed for a child,368 The district school superintendent must first consider the 369 child’s guardian ad litem when appointing a surrogate parent. 370 The district school superintendent must accept the appointment 371 of the court if he or she has not previously appointed a 372 surrogate parent. Similarly, the court must accept a surrogate 373 parent duly appointed by a district school superintendent. 374 4. A surrogate parent appointed by the district school 375 superintendent or the court must be accepted by any subsequent 376 school or school district without regard to where the child is 377 receiving residential care so that a single surrogate parent can 378 follow the education of the child during his or her entire time 379 in state custody. Nothing in this paragraph or in rule shall 380 limit or prohibit the continuance of a surrogate parent 381 appointment when the responsibility for the student’s 382 educational placement moves among and between public and private 383 agencies. 384 5. For a child known to the department, the responsibility 385 to appoint a surrogate parent resides with both the district 386 school superintendent and the court with jurisdiction over the 387 child. If the court elects to appoint a surrogate parent, notice 388 shall be provided as soon as practicable to the child’s school. 389 At any time the court determines that it is in the best 390 interests of a child to remove a surrogate parent, the court may 391 appoint a new surrogate parent for educational decisionmaking 392 purposes for that child. 393 6. The surrogate parent shall continue in the appointed 394 role until one of the following occurs: 395 a. The child is determined to no longer be eligible or in 396 need of special programs, except when termination of special 397 programs is being contested. 398 b. The child achieves permanency through adoption or legal 399 guardianship and is no longer in the custody of the department. 400 c. The parent who was previously unknown becomes known, 401 whose whereabouts were unknown is located, or who was 402 unavailable is determined by the court to be available. 403 d. The appointed surrogate no longer wishes to represent 404 the child or is unable to represent the child. 405 e. The superintendent of the school district in which the 406 child is attending school, the Department of Education contract 407 designee, or the court that appointed the surrogate determines 408 that the appointed surrogate parent no longer adequately 409 represents the child. 410 f. The child moves to a geographic location that is not 411 reasonably accessible to the appointed surrogate. 412 7. The appointment and termination of appointment of a 413 surrogate under this paragraph shall be entered as an order of 414 the court with a copy of the order provided to the child’s 415 school as soon as practicable. 416 8. The person appointed as a surrogate parent under this 417 paragraph must: 418 a. Be acquainted with the child and become knowledgeable 419 about his or her disability and educational needs. 420 b. Represent the child in all matters relating to 421 identification, evaluation, and educational placement and the 422 provision of a free and appropriate education to the child. 423 c. Represent the interests and safeguard the rights of the 424 child in educational decisions that affect the child. 425 9. The responsibilities of the person appointed as a 426 surrogate parent shall not extend to the care, maintenance, 427 custody, residential placement, or any other area not 428 specifically related to the education of the child, unless the 429 same person is appointed by the court for such other purposes. 430 10. A person appointed as a surrogate parent shall enjoy 431 all of the procedural safeguards afforded a parent with respect 432 to the identification, evaluation, and educational placement of 433 a student with a disability or a student who is suspected of 434 having a disability. 435 11. A person appointed as a surrogate parent shall not be 436 held liable for actions taken in good faith on behalf of the 437 student in protecting the special education rights of the child. 438 Section 5. Present subsections (8) through (30) and (31) 439 through (87) of section 39.01, Florida Statutes, are 440 redesignated as subsections (9) through (31) and (34) through 441 (90), respectively, present subsections (9), (36), and (58) are 442 amended, and new subsections (8), (32), and (33) are added to 443 that section, to read: 444 39.01 Definitions.—When used in this chapter, unless the 445 context otherwise requires: 446 (8) “Attorney ad litem” means an attorney appointed by the 447 court to represent a child in a dependency case who has an 448 attorney-client relationship with the child under the rules 449 regulating The Florida Bar. 450 (10)(9)“Caregiver” means the parent, legal custodian, 451 permanent guardian, adult household member, or other person 452 responsible for a child’s welfare as defined in subsection (57) 453(54). 454 (32) “Guardian ad litem” means a person or an entity that 455 is a fiduciary appointed by the court to represent a child in 456 any civil, criminal, or administrative proceeding to which the 457 child is a party, including, but not limited to, under this 458 chapter, which uses a best interest standard for decisionmaking 459 and advocacy. For purposes of this chapter, the term includes, 460 but is not limited to, the Statewide Guardian ad Litem Office, 461 which includes all circuit guardian ad litem offices and the 462 duly certified volunteers, staff, and attorneys assigned by the 463 Statewide Guardian ad Litem Office to represent children; a 464 court-appointed attorney; or a responsible adult who is 465 appointed by the court. A guardian ad litem is a party to the 466 judicial proceeding as a representative of the child and serves 467 until the jurisdiction of the court over the child terminates or 468 until excused by the court. 469 (33) “Guardian advocate” means a person appointed by the 470 court to act on behalf of a drug-dependent newborn under part XI 471 of this chapter. 472 (39)(36)“Institutional child abuse or neglect” means 473 situations of known or suspected child abuse or neglect in which 474 the person allegedly perpetrating the child abuse or neglect is 475 an employee of a public or private school, public or private day 476 care center, residential home, institution, facility, or agency 477 or any other person at such institution responsible for the 478 child’s welfare as defined in subsection (57)(54). 479 (61)(58)“Party” means the parent or parents of the child, 480 the petitioner, the department, the guardian ad litemor the481representative of the guardian ad litem program when the program482has been appointed, and the child. The presence of the child may 483 be excused by order of the court when presence would not be in 484 the child’s best interest. Notice to the child may be excused by 485 order of the court when the age, capacity, or other condition of 486 the child is such that the notice would be meaningless or 487 detrimental to the child. 488 Section 6. Subsection (11) of section 39.013, Florida 489 Statutes, is amended to read: 490 39.013 Procedures and jurisdiction; right to counsel; 491 guardian ad litem.— 492 (11) The court shall appoint a guardian ad litem at the 493 earliest possible time to represent a child throughout the 494 proceedings, including any appeals. The guardian ad litem may 495 represent the child in proceedings outside of the dependency 496 case to secure the services and benefits that provide for the 497 care, safety, and protection of the childencourage the498Statewide Guardian Ad Litem Office to provide greater499representation to those children who are within 1 year of500transferring out of foster care. 501 Section 7. Paragraph (b) of subsection (1) of section 502 39.01305, Florida Statutes, is amended to read: 503 39.01305 Appointment of an attorney for a dependent child 504 with certain special needs.— 505 (1) 506 (b) The Legislature recognizes the existence of 507 organizations that provide attorney representation to children 508 in certain jurisdictions throughout the state. Further, the 509 Statewide Guardian ad Litem OfficeProgramprovides best 510 interest representation for dependent children in every 511 jurisdiction in accordance with state and federal law. The 512 Legislature, therefore, does not intend that funding provided 513 for representation under this section supplant proven and 514 existing organizations representing children. Instead, the 515 Legislature intends that funding provided for representation 516 under this section be an additional resource for the 517 representation of more children in these jurisdictions, to the 518 extent necessary to meet the requirements of this chapter, with 519 the cooperation of existing local organizations or through the 520 expansion of those organizations. The Legislature encourages the 521 expansion of pro bono representation for children. This section 522 is not intended to limit the ability of a pro bono attorney to 523 appear on behalf of a child. 524 Section 8. Subsection (3) of section 39.0132, Florida 525 Statutes, is amended to read: 526 39.0132 Oaths, records, and confidential information.— 527 (3) The clerk shall keep all court records required by this 528 chapter separate from other records of the circuit court. All 529 court records required by this chapter mayshallnot be open to 530 inspection by the public. All records mayshallbe inspected 531 only upon order of the court by persons deemed by the court to 532 have a proper interest therein, except that, subject tothe533provisions ofs. 63.162, a child,andthe parents of the child 534 and their attorneys, the guardian ad litem, criminal conflict 535 and civil regional counsels, law enforcement agencies,andthe 536 department and its designees, and the attorney ad litem, if one 537 is appointed,shallalways have the right to inspect and copy 538 any official record pertaining to the child. The Justice 539 Administrative Commission may inspect court dockets required by 540 this chapter as necessary to audit compensation of court 541 appointed attorneys. If the docket is insufficient for purposes 542 of the audit, the commission may petition the court for 543 additional documentation as necessary and appropriate. The court 544 may permit authorized representatives of recognized 545 organizations compiling statistics for proper purposes to 546 inspect and make abstracts from official records, under whatever 547 conditions upon their use and disposition the court may deem 548 proper, and may punish by contempt proceedings any violation of 549 those conditions. 550 Section 9. Paragraph (a) of subsection (3) of section 551 39.0136, Florida Statutes, is amended to read: 552 39.0136 Time limitations; continuances.— 553 (3) The time limitations in this chapter do not include: 554 (a) Periods of delay resulting from a continuance granted 555 at the request of the child’s counsel,or the child’sguardian 556 ad litem, or attorney ad litem, if one is appointed, if the557child is of sufficient capacity to express reasonable consent,558at the request or with the consent of the child. The court must 559 consider the best interests of the child when determining 560 periods of delay under this section. 561 Section 10. Subsection (7) of section 39.01375, Florida 562 Statutes, is amended to read: 563 39.01375 Best interest determination for placement.—The 564 department, community-based care lead agency, or court shall 565 consider all of the following factors when determining whether a 566 proposed placement under this chapter is in the child’s best 567 interest: 568 (7) The recommendation of the child’s guardian ad litem, if569one has been appointed. 570 Section 11. Paragraphs (a) and (b) of subsection (4) of 571 section 39.0139, Florida Statutes, are amended to read: 572 39.0139 Visitation or other contact; restrictions.— 573 (4) HEARINGS.—A person who meets any of the criteria set 574 forth in paragraph (3)(a) who seeks to begin or resume contact 575 with the child victim shall have the right to an evidentiary 576 hearing to determine whether contact is appropriate. 577 (a) BeforePrior tothe hearing, the court shall appointan578attorney ad litem ora guardian ad litem for the child if one 579 has not already been appointed. The guardian ad litem andAny580 attorney ad litem, if one isor guardian ad litemappointed, 581 mustshallhave special training in the dynamics of child sexual 582 abuse. 583 (b) At the hearing, the court may receive and rely upon any 584 relevant and material evidence submitted to the extent of its 585 probative value, including written and oral reports or 586 recommendations from the Child Protection Team, the child’s 587 therapist, the child’s guardian ad litem, or the child’s 588 attorney ad litem, if one is appointed, even if these reports, 589 recommendations, and evidence may not be admissible under the 590 rules of evidence. 591 Section 12. Paragraphs (d) and (t) of subsection (2) of 592 section 39.202, Florida Statutes, are amended to read: 593 39.202 Confidentiality of reports and records in cases of 594 child abuse or neglect; exception.— 595 (2) Except as provided in subsection (4), access to such 596 records, excluding the name of, or other identifying information 597 with respect to, the reporter which may onlyshallbe released 598onlyas provided in subsection (5), may onlyshallbe granted 599onlyto the following persons, officials, and agencies: 600 (d) The parent or legal custodian of any child who is 601 alleged to have been abused, abandoned, or neglected; the child; 602 the child’s guardian ad litem; the child’s attorney ad litem, if 603 one is appointed; or, and the child, and their attorneys,604includingany attorney representing a child in civil or criminal 605 proceedings. This access mustshallbe made available no later 606 than 60 days after the department receives the initial report of 607 abuse, neglect, or abandonment. However, any information 608 otherwise made confidential or exempt by law mayshallnot be 609 released pursuant to this paragraph. 610 (t) Persons with whom the department is seeking to place 611 the child or to whom placement has been granted, including 612 foster parents for whom an approved home study has been 613 conducted, the designee of a licensed child-caring agency as 614 defined in s. 39.01s. 39.01(41), an approved relative or 615 nonrelative with whom a child is placed pursuant to s. 39.402, 616 preadoptive parents for whom a favorable preliminary adoptive 617 home study has been conducted, adoptive parents, or an adoption 618 entity acting on behalf of preadoptive or adoptive parents. 619 Section 13. Paragraph (c) of subsection (8), paragraphs (b) 620 and (c) of subsection (11), and paragraph (a) of subsection (14) 621 of section 39.402, Florida Statutes, are amended to read: 622 39.402 Placement in a shelter.— 623 (8) 624 (c) At the shelter hearing, the court shall: 625 1. Appoint a guardian ad litem to represent the best 626 interest of the child, unless the court finds that such627representation is unnecessary; 628 2. Inform the parents or legal custodians of their right to 629 counsel to represent them at the shelter hearing and at each 630 subsequent hearing or proceeding, and the right of the parents 631 to appointed counsel, pursuant to the procedures set forth in s. 632 39.013; 633 3. Give the parents or legal custodians an opportunity to 634 be heard and to present evidence; and 635 4. Inquire of those present at the shelter hearing as to 636 the identity and location of the legal father. In determining 637 who the legal father of the child may be, the court shall 638 inquire under oath of those present at the shelter hearing 639 whether they have any of the following information: 640 a. Whether the mother of the child was married at the 641 probable time of conception of the child or at the time of birth 642 of the child. 643 b. Whether the mother was cohabiting with a male at the 644 probable time of conception of the child. 645 c. Whether the mother has received payments or promises of 646 support with respect to the child or because of her pregnancy 647 from a man who claims to be the father. 648 d. Whether the mother has named any man as the father on 649 the birth certificate of the child or in connection with 650 applying for or receiving public assistance. 651 e. Whether any man has acknowledged or claimed paternity of 652 the child in a jurisdiction in which the mother resided at the 653 time of or since conception of the child or in which the child 654 has resided or resides. 655 f. Whether a man is named on the birth certificate of the 656 child pursuant to s. 382.013(2). 657 g. Whether a man has been determined by a court order to be 658 the father of the child. 659 h. Whether a man has been determined to be the father of 660 the child by the Department of Revenue as provided in s. 661 409.256. 662 (11) 663 (b) The court shall request that the parents consent to 664 provide access to the child’s medical records and provide 665 information to the court, the department or its contract 666 agencies, and theanyguardian ad litem or attorney ad litem, if 667 one is appointed, for the child. If a parent is unavailable or 668 unable to consent or withholds consent and the court determines 669 access to the records and information is necessary to provide 670 services to the child, the court shall issue an order granting 671 access. The court may also order the parents to provide all 672 known medical information to the department and to any others 673 granted access under this subsection. 674 (c) The court shall request that the parents consent to 675 provide access to the child’s child care records, early 676 education program records, or other educational records and 677 provide information to the court, the department or its contract 678 agencies, and theanyguardian ad litem or attorney ad litem, if 679 one is appointed, for the child. If a parent is unavailable or 680 unable to consent or withholds consent and the court determines 681 access to the records and information is necessary to provide 682 services to the child, the court shall issue an order granting 683 access. 684 (14) The time limitations in this section do not include: 685 (a) Periods of delay resulting from a continuance granted 686 at the request or with the consent of the child’scounsel or the687child’sguardian ad litem or attorney ad litem, if one ishas688beenappointed by the court, or, if the child is of sufficient689capacity to express reasonable consent, at the request or with690the consent of the child’s attorney or the child’s guardian ad691litem, if one has been appointed by the court, and the child. 692 Section 14. Paragraphs (a) and (b) of subsection (4) of 693 section 39.4022, Florida Statutes, are amended to read: 694 39.4022 Multidisciplinary teams; staffings; assessments; 695 report.— 696 (4) PARTICIPANTS.— 697 (a) Collaboration among diverse individuals who are part of 698 the child’s network is necessary to make the most informed 699 decisions possible for the child. A diverse team is preferable 700 to ensure that the necessary combination of technical skills, 701 cultural knowledge, community resources, and personal 702 relationships is developed and maintained for the child and 703 family. The participants necessary to achieve an appropriately 704 diverse team for a child may vary by child and may include 705 extended family, friends, neighbors, coaches, clergy, coworkers, 706 or others the family identifies as potential sources of support. 707 1. Each multidisciplinary team staffing must invite the 708 following members: 709 a. The child, unless he or she is not of an age or capacity 710 to participate in the team, and the child’s guardian ad litem; 711 b. The child’s family members and other individuals 712 identified by the family as being important to the child, 713 provided that a parent who has a no contact order or injunction, 714 is alleged to have sexually abused the child, or is subject to a 715 termination of parental rights may not participate; 716 c. The current caregiver, provided the caregiver is not a 717 parent who meets the criteria of one of the exceptions under 718 sub-subparagraph b.; 719 d. A representative from the department other than the 720 Children’s Legal Services attorney, when the department is 721 directly involved in the goal identified by the staffing; 722 e. A representative from the community-based care lead 723 agency, when the lead agency is directly involved in the goal 724 identified by the staffing; 725 f. The case manager for the child, or his or her case 726 manager supervisor; and 727 g. A representative from the Department of Juvenile 728 Justice, if the child is dually involved with both the 729 department and the Department of Juvenile Justice. 730 2. The multidisciplinary team must make reasonable efforts 731 to have all mandatory invitees attend. However, the 732 multidisciplinary team staffing may not be delayed if the 733 invitees in subparagraph 1. fail to attend after being provided 734 reasonable opportunities. 735 (b) Based on the particular goal the multidisciplinary team 736 staffing identifies as the purpose of convening the staffing as 737 provided under subsection (5), the department or lead agency may 738 also invite to the meeting other professionals, including, but 739 not limited to: 740 1. A representative from Children’s Medical Services; 741 2.A guardian ad litem, if one is appointed;7423.A school personnel representative who has direct contact 743 with the child; 744 3.4.A therapist or other behavioral health professional, 745 if applicable; 746 4.5.A mental health professional with expertise in sibling 747 bonding, if the department or lead agency deems such expert is 748 necessary; or 749 5.6.Other community providers of services to the child or 750 stakeholders, when applicable. 751 Section 15. Paragraph (d) of subsection (3) and paragraph 752 (c) of subsection (4) of section 39.4023, Florida Statutes, are 753 amended to read: 754 39.4023 Placement and education transitions; transition 755 plans.— 756 (3) PLACEMENT TRANSITIONS.— 757 (d) Transition planning.— 758 1. If the supportive services provided pursuant to 759 paragraph (c) have not been successful to make the maintenance 760 of the placement suitable or if there are other circumstances 761 that require the child to be moved, the department or the 762 community-based care lead agency must convene a 763 multidisciplinary team staffing as required under s. 39.4022 764 before the child’s placement is changed, or within 72 hours of 765 moving the child in an emergency situation, for the purpose of 766 developing an appropriate transition plan. 767 2. A placement change may occur immediately in an emergency 768 situation without convening a multidisciplinary team staffing. 769 However, a multidisciplinary team staffing must be held within 770 72 hours after the emergency situation arises. 771 3. The department or the community-based care lead agency 772 must provide written notice of the planned move at least 14 days 773 before the move or within 72 hours after an emergency situation, 774 to the greatest extent possible and consistent with the child’s 775 needs and preferences. The notice must include the reason a 776 placement change is necessary. A copy of the notice must be 777 filed with the court and be provided to all of the following: 778 a. The child, unless he or she, due to age or capacity, is 779 unable to comprehend the written notice, which will necessitate 780 the department or lead agency to provide notice in an age 781 appropriate and capacity-appropriate alternative manner.;782 b. The child’s parents, unless prohibited by court order.;783 c. The child’s out-of-home caregiver.;784 d. The guardian ad litem., if one is appointed;785 e. The attorney ad litem for the child, if one is 786 appointed.; and787 f. The attorney for the department. 788 4. The transition plan must be developed through 789 cooperation among the persons included in subparagraph 3., and 790 such persons must share any relevant information necessary for 791 its development. Subject to the child’s needs and preferences, 792 the transition plan must meet the requirements of s. 793 409.1415(2)(b)8. and exclude any placement changes that occur 794 between 7 p.m. and 8 a.m. 795 5. The department or the community-based care lead agency 796 shall file the transition plan with the court within 48 hours 797 after the creation of such plan and provide a copy of the plan 798 to the persons included in subparagraph 3. 799 (4) EDUCATION TRANSITIONS.— 800 (c) Minimizing school changes.— 801 1. Every effort must be made to keep a child in the school 802 of origin if it is in the child’s best interest. Any placement 803 decision must include thoughtful consideration of which school a 804 child will attend if a school change is necessary. 805 2. Members of a multidisciplinary team staffing convened 806 for a purpose other than a school change must determine the 807 child’s best interest regarding remaining in the school or 808 program of origin if the child’s educational options are 809 affected by any other decision being made by the 810 multidisciplinary team. 811 3. The determination of whether it is in the child’s best 812 interest to remain in the school of origin, and if not, of which 813 school the child will attend in the future, must be made in 814 consultation with the following individuals, including, but not 815 limited to, the child; the parents; the caregiver; the child 816 welfare professional; the guardian ad litem, if appointed; the 817 educational surrogate, if appointed; child care and educational 818 staff, including teachers and guidance counselors; and the 819 school district representative or foster care liaison. A 820 multidisciplinary team member may contact any of these 821 individuals in advance of a multidisciplinary team staffing to 822 obtain his or her recommendation. An individual may remotely 823 attend the multidisciplinary team staffing if one of the 824 identified goals is related to determining an educational 825 placement. The multidisciplinary team may rely on a report from 826 the child’s current school or program district and, if 827 applicable, any other school district being considered for the 828 educational placement if the required school personnel are not 829 available to attend the multidisciplinary team staffing in 830 person or remotely. 831 4. The multidisciplinary team and the individuals listed in 832 subparagraph 3. must consider, at a minimum, all of the 833 following factors when determining whether remaining in the 834 school or program of origin is in the child’s best interest or, 835 if not, when selecting a new school or program: 836 a. The child’s desire to remain in the school or program of 837 origin. 838 b. The preference of the child’s parents or legal 839 guardians. 840 c. Whether the child has siblings, close friends, or 841 mentors at the school or program of origin. 842 d. The child’s cultural and community connections in the 843 school or program of origin. 844 e. Whether the child is suspected of having a disability 845 under the Individuals with Disabilities Education Act (IDEA) or 846 s. 504 of the Rehabilitation Act of 1973, or has begun receiving 847 interventions under this state’s multitiered system of supports. 848 f. Whether the child has an evaluation pending for special 849 education and related services under IDEA or s. 504 of the 850 Rehabilitation Act of 1973. 851 g. Whether the child is a student with a disability under 852 IDEA who is receiving special education and related services or 853 a student with a disability under s. 504 of the Rehabilitation 854 Act of 1973 who is receiving accommodations and services and, if 855 so, whether those required services are available in a school or 856 program other than the school or program of origin. 857 h. Whether the child is an English Language Learner student 858 and is receiving language services and, if so, whether those 859 required services are available in a school or program other 860 than the school or program of origin. 861 i. The impact a change to the school or program of origin 862 would have on academic credits and progress toward promotion. 863 j. The availability of extracurricular activities important 864 to the child. 865 k. The child’s known individualized educational plan or 866 other medical and behavioral health needs and whether such plan 867 or needs are able to be met at a school or program other than 868 the school or program of origin. 869 l. The child’s permanency goal and timeframe for achieving 870 permanency. 871 m. The child’s history of school transfers and how such 872 transfers have impacted the child academically, emotionally, and 873 behaviorally. 874 n. The length of the commute to the school or program from 875 the child’s home or placement and how such commute would impact 876 the child. 877 o. The length of time the child has attended the school or 878 program of origin. 879 5. The cost of transportation cannot be a factor in making 880 a best interest determination. 881 Section 16. Paragraph (f) of subsection (3) of section 882 39.407, Florida Statutes, is amended to read: 883 39.407 Medical, psychiatric, and psychological examination 884 and treatment of child; physical, mental, or substance abuse 885 examination of person with or requesting child custody.— 886 (3) 887 (f)1. The department shall fully inform the court of the 888 child’s medical and behavioral status as part of the social 889 services report prepared for each judicial review hearing held 890 for a child for whom psychotropic medication has been prescribed 891 or provided under this subsection. As a part of the information 892 provided to the court, the department shall furnish copies of 893 all pertinent medical records concerning the child which have 894 been generated since the previous hearing. On its own motion or 895 on good cause shown by any party, including theanyguardian ad 896 litem, attorney,or attorney ad litem, if one iswho has been897 appointedto represent the child or the child’s interests, the 898 court may review the status more frequently than required in 899 this subsection. 900 2. The court may, in the best interests of the child, order 901 the department to obtain a medical opinion addressing whether 902 the continued use of the medication under the circumstances is 903 safe and medically appropriate. 904 Section 17. Paragraphs (m), (t), and (u) of subsection (1) 905 of section 39.4085, Florida Statutes, are amended to read: 906 39.4085 Goals for dependent children; responsibilities; 907 education; Office of the Children’s Ombudsman.— 908 (1) The Legislature finds that the design and delivery of 909 child welfare services should be directed by the principle that 910 the health and safety of children, including the freedom from 911 abuse, abandonment, or neglect, is of paramount concern and, 912 therefore, establishes the following goals for children in 913 shelter or foster care: 914 (m) To receive meaningful case management and planning that 915 will quickly return the child to his or her family or move the 916 child on to other forms of permanency. For a child who is 917 transitioning from foster care to independent living, permanency 918 includes establishing naturally occurring, lifelong, kin-like 919 connections between the child and a supportive adult. 920 (t) To have a guardian ad litem appointedto represent,921within reason, their best interestsand, if appropriate, an 922 attorney ad litemappointed to represent their legal interests; 923 the guardian ad litem orandattorney ad litem, if one is 924 appointed,shallhave immediate and unlimited access to the 925 children they represent. 926 (u) To have all their records available for review by their 927 guardian ad litem orandattorney ad litem, if one is appointed, 928 if they deem such review necessary. 929 930 This subsection establishes goals and not rights. This 931 subsection does not require the delivery of any particular 932 service or level of service in excess of existing 933 appropriations. A person does not have a cause of action against 934 the state or any of its subdivisions, agencies, contractors, 935 subcontractors, or agents, based upon the adoption of or failure 936 to provide adequate funding for the achievement of these goals 937 by the Legislature. This subsection does not require the 938 expenditure of funds to meet the goals established in this 939 subsection except those funds specifically appropriated for such 940 purpose. 941 Section 18. Subsection (8) of section 39.502, Florida 942 Statutes, is amended to read: 943 39.502 Notice, process, and service.— 944 (8) It is not necessary to the validity of a proceeding 945 covered by this part that the parents be present if their 946 identity or residence is unknown after a diligent search has 947 been made; however,but in this eventthe petitioner mustshall948 file an affidavit of diligent search prepared by the person who 949 made the search and inquiry, and the court mustmayappoint a 950 guardian ad litem for the child if a guardian ad litem has not 951 previously been appointed. 952 Section 19. Paragraph (c) of subsection (3) of section 953 39.522, Florida Statutes, is amended to read: 954 39.522 Postdisposition change of custody.— 955 (3) 956 (c)1. The department or community-based care lead agency 957 must notify a current caregiver who has been in the physical 958 custody placement for at least 9 consecutive months and who 959 meets all the established criteria in paragraph (b) of an intent 960 to change the physical custody of the child, and a 961 multidisciplinary team staffing must be held in accordance with 962 ss. 39.4022 and 39.4023 at least 21 days before the intended 963 date for the child’s change in physical custody, unless there is 964 an emergency situation as defined in s. 39.4022(2)(b). If there 965 is not a unanimous consensus decision reached by the 966 multidisciplinary team, the department’s official position must 967 be provided to the parties within the designated time period as 968 provided for in s. 39.4022. 969 2. A caregiver who objects to the department’s official 970 position on the change in physical custody must notify the court 971 and the department or community-based care lead agency of his or 972 her objection and the intent to request an evidentiary hearing 973 in writing in accordance with this section within 5 days after 974 receiving notice of the department’s official position provided 975 under subparagraph 1. The transition of the child to the new 976 caregiver may not begin before the expiration of the 5-day 977 period within which the current caregiver may object. 978 3. Upon the department or community-based care lead agency 979 receiving written notice of the caregiver’s objection, the 980 change to the child’s physical custody must be placed in 981 abeyance and the child may not be transitioned to a new physical 982 placement without a court order, unless there is an emergency 983 situation as defined in s. 39.4022(2)(b). 984 4. Within 7 days after receiving written notice from the 985 caregiver, the court must conduct an initial case status 986 hearing, at which time the court must do all of the following: 987 a. Grant party status to the current caregiver who is 988 seeking permanent custody and has maintained physical custody of 989 that child for at least 9 continuous months for the limited 990 purpose of filing a motion for a hearing on the objection and 991 presenting evidence pursuant to this subsection.;992b. Appoint an attorney for the child who is the subject of993the permanent custody proceeding, in addition to the guardian ad994litem, if one is appointed;995 b.c.Advise the caregiver of his or her right to retain 996 counsel for purposes of the evidentiary hearing.; and997 c.d.Appoint a court-selected neutral and independent 998 licensed professional with expertise in the science and research 999 of child-parent bonding. 1000 Section 20. Paragraph (c) of subsection (1) and paragraph 1001 (c) of subsection (3) of section 39.6012, Florida Statutes, are 1002 amended to read: 1003 39.6012 Case plan tasks; services.— 1004 (1) The services to be provided to the parent and the tasks 1005 that must be completed are subject to the following: 1006 (c) If there is evidence of harm as defined in s. 1007 39.01(37)(g)s. 39.01(34)(g), the case plan must include as a 1008 required task for the parent whose actions caused the harm that 1009 the parent submit to a substance abuse disorder assessment or 1010 evaluation and participate and comply with treatment and 1011 services identified in the assessment or evaluation as being 1012 necessary. 1013 (3) In addition to any other requirement, if the child is 1014 in an out-of-home placement, the case plan must include: 1015 (c) When appropriate, for a child who is 13 years of age or 1016 older, a written description of the programs and services that 1017 will help the child prepare for the transition from foster care 1018 to independent living. The written description must include age 1019 appropriate activities for the child’s development of 1020 relationships, coping skills, and emotional well-being. 1021 Section 21. Section 39.6036, Florida Statutes, is created 1022 to read: 1023 39.6036 Supportive adults for children transitioning out of 1024 foster care.— 1025 (1) The Legislature finds that a committed, caring adult 1026 provides a lifeline for a child transitioning out of foster care 1027 to live independently. Accordingly, it is the intent of the 1028 Legislature that the Statewide Guardian ad Litem Office help 1029 children connect with supportive adults with the hope of 1030 creating an ongoing relationship that lasts into adulthood. 1031 (2) The Statewide Guardian ad Litem Office shall work with 1032 a child who is transitioning out of foster care to identify at 1033 least one supportive adult with whom the child can enter into a 1034 formal agreement for an ongoing relationship and document such 1035 agreement in the child’s court file. If the child cannot 1036 identify a supportive adult, the Statewide Guardian ad Litem 1037 Office shall work in coordination with the Office of Continuing 1038 Care to identify at least one supportive adult with whom the 1039 child can enter into a formal agreement for an ongoing 1040 relationship and document such agreement in the child’s court 1041 file. 1042 Section 22. Paragraph (c) of subsection (10) of section 1043 39.621, Florida Statutes, is amended to read: 1044 39.621 Permanency determination by the court.— 1045 (10) The permanency placement is intended to continue until 1046 the child reaches the age of majority and may not be disturbed 1047 absent a finding by the court that the circumstances of the 1048 permanency placement are no longer in the best interest of the 1049 child. 1050 (c) The court shall base its decision concerning any motion 1051 by a parent for reunification or increased contact with a child 1052 on the effect of the decision on the safety, well-being, and 1053 physical and emotional health of the child. Factors that must be 1054 considered and addressed in the findings of fact of the order on 1055 the motion must include: 1056 1. The compliance or noncompliance of the parent with the 1057 case plan; 1058 2. The circumstances which caused the child’s dependency 1059 and whether those circumstances have been resolved; 1060 3. The stability and longevity of the child’s placement; 1061 4. The preferences of the child, if the child is of 1062 sufficient age and understanding to express a preference; 1063 5. The recommendation of the current custodian; and 1064 6. AnyTherecommendation of the guardian ad litem, if one1065has been appointed. 1066 Section 23. Subsection (2) of section 39.6241, Florida 1067 Statutes, is amended to read: 1068 39.6241 Another planned permanent living arrangement.— 1069 (2) The department and the guardian ad litem must provide 1070 the court with a recommended list and description of services 1071 needed by the child, such as independent living services and 1072 medical, dental, educational, or psychological referrals, and a 1073 recommended list and description of services needed by his or 1074 her caregiver. The guardian ad litem must also advise the court 1075 whether the child has been connected with a supportive adult 1076 and, if the child has been connected with a supportive adult, 1077 whether the child has entered into a formal agreement with the 1078 adult. If the child has entered into a formal agreement pursuant 1079 to s. 39.6036, the guardian ad litem must ensure that the 1080 agreement is documented in the child’s court file. 1081 Section 24. Paragraphs (b) and (f) of subsection (1), 1082 paragraph (c) of subsection (2), subsection (3), and paragraph 1083 (e) of subsection (4) of section 39.701, Florida Statutes, are 1084 amended to read: 1085 39.701 Judicial review.— 1086 (1) GENERAL PROVISIONS.— 1087 (b)1. The court shall retain jurisdiction over a child 1088 returned to his or her parents for a minimum period of 6 months 1089 afterfollowingthe reunification, but, at that time, based on a 1090 report of the social service agency and the guardian ad litem,1091if one has been appointed,and any other relevant factors, the 1092 court shall make a determination as to whether supervision by 1093 the department and the court’s jurisdiction shall continue or be 1094 terminated. 1095 2. Notwithstanding subparagraph 1., the court must retain 1096 jurisdiction over a child if the child is placed in the home 1097 with a parent or caregiver with an in-home safety plan and such 1098 safety plan remains necessary for the child to reside safely in 1099 the home. 1100 (f) Notice of a judicial review hearing or a citizen review 1101 panel hearing, and a copy of the motion for judicial review, if 1102 any, must be served by the clerk of the court upon all of the 1103 following persons, if available to be served, regardless of 1104 whether the person was present at the previous hearing at which 1105 the date, time, and location of the hearing was announced: 1106 1. The social service agency charged with the supervision 1107 of care, custody, or guardianship of the child, if that agency 1108 is not the movant. 1109 2. The foster parent or legal custodian in whose home the 1110 child resides. 1111 3. The parents. 1112 4. The guardian ad litem for the child, or the1113representative of the guardian ad litem program if the program1114has been appointed. 1115 5. The attorney ad litem for the child, if one is 1116 appointed. 1117 6. The child, if the child is 13 years of age or older. 1118 7. Any preadoptive parent. 1119 8. Such other persons as the court may direct. 1120 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1121 AGE.— 1122 (c) Review determinations.—The court and any citizen review 1123 panel shall take into consideration the information contained in 1124 the social services study and investigation and all medical, 1125 psychological, and educational records that support the terms of 1126 the case plan; testimony by the social services agency, the 1127 parent, the foster parent or caregiver, the guardian ad litem, 1128 theorsurrogate parent for educational decisionmaking if one 1129 has been appointed for the child, and any other person deemed 1130 appropriate; and any relevant and material evidence submitted to 1131 the court, including written and oral reports to the extent of 1132 their probative value. These reports and evidence may be 1133 received by the court in its effort to determine the action to 1134 be taken with regard to the child and may be relied upon to the 1135 extent of their probative value, even though not competent in an 1136 adjudicatory hearing. In its deliberations, the court and any 1137 citizen review panel shall seek to determine: 1138 1. If the parent was advised of the right to receive 1139 assistance from any person or social service agency in the 1140 preparation of the case plan. 1141 2. If the parent has been advised of the right to have 1142 counsel present at the judicial review or citizen review 1143 hearings. If not so advised, the court or citizen review panel 1144 shall advise the parent of such right. 1145 3. If a guardian ad litem needs to be appointed for the 1146 child in a case in which a guardian ad litem has not previously 1147 been appointedor if there is a need to continue a guardian ad1148litem in a case in which a guardian ad litem has been appointed. 1149 4. Who holds the rights to make educational decisions for 1150 the child. If appropriate, the court may refer the child to the 1151 district school superintendent for appointment of a surrogate 1152 parent or may itself appoint a surrogate parent under the 1153 Individuals with Disabilities Education Act and s. 39.0016. 1154 5. The compliance or lack of compliance of all parties with 1155 applicable items of the case plan, including the parents’ 1156 compliance with child support orders. 1157 6. The compliance or lack of compliance with a visitation 1158 contract between the parent and the social service agency for 1159 contact with the child, including the frequency, duration, and 1160 results of the parent-child visitation and the reason for any 1161 noncompliance. 1162 7. The frequency, kind, and duration of contacts among 1163 siblings who have been separated during placement, as well as 1164 any efforts undertaken to reunite separated siblings if doing so 1165 is in the best interests of the child. 1166 8. The compliance or lack of compliance of the parent in 1167 meeting specified financial obligations pertaining to the care 1168 of the child, including the reason for failure to comply, if 1169 applicable. 1170 9. Whether the child is receiving safe and proper care 1171 according to s. 39.6012, including, but not limited to, the 1172 appropriateness of the child’s current placement, including 1173 whether the child is in a setting that is as family-like and as 1174 close to the parent’s home as possible, consistent with the 1175 child’s best interests and special needs, and including 1176 maintaining stability in the child’s educational placement, as 1177 documented by assurances from the community-based care lead 1178 agency that: 1179 a. The placement of the child takes into account the 1180 appropriateness of the current educational setting and the 1181 proximity to the school in which the child is enrolled at the 1182 time of placement. 1183 b. The community-based care lead agency has coordinated 1184 with appropriate local educational agencies to ensure that the 1185 child remains in the school in which the child is enrolled at 1186 the time of placement. 1187 10. A projected date likely for the child’s return home or 1188 other permanent placement. 1189 11. When appropriate, the basis for the unwillingness or 1190 inability of the parent to become a party to a case plan. The 1191 court and the citizen review panel shall determine if the 1192 efforts of the social service agency to secure party 1193 participation in a case plan were sufficient. 1194 12. For a child who has reached 13 years of age but is not 1195 yet 18 years of age, the adequacy of the child’s preparation for 1196 adulthood and independent living. For a child who is 15 years of 1197 age or older, the court shall determine if appropriate steps are 1198 being taken for the child to obtain a driver license or 1199 learner’s driver license. 1200 13. If amendments to the case plan are required. Amendments 1201 to the case plan must be made under s. 39.6013. 1202 14. If the parents and caregivers have developed a 1203 productive relationship that includes meaningful communication 1204 and mutual support. 1205 (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At 1206 each review hearing held under this subsection, the court shall 1207 give the child and the guardian ad litem the opportunity to 1208 address the court and provide any information relevant to the 1209 child’s best interest, particularly in relation to independent 1210 living transition services. The foster parent or,legal 1211 custodian, or guardian ad litemmay also provide any information 1212 relevant to the child’s best interest to the court. In addition 1213 to the review and report required under paragraphs (1)(a) and 1214 (2)(a), respectively, and the review and report required under 1215 s. 39.822(2)(a)2., the court shall: 1216 (a) Inquire about the life skills the child has acquired 1217 and whether those services are age appropriate, at the first 1218 judicial review hearing held subsequent to the child’s 16th 1219 birthday. At the judicial review hearing, the department shall 1220 provide the court with a report that includes specific 1221 information related to the life skills that the child has 1222 acquired since the child’s 13th birthday or since the date the 1223 child came into foster care, whichever came later. For any child 1224 who may meet the requirements for appointment of a guardian 1225 advocate under s. 393.12 or a guardian under chapter 744, the 1226 updated case plan must be developed in a face-to-face conference 1227 with the child, if appropriate; the child’s attorney ad litem, 1228 if one is appointed; the child’s; any court-appointedguardian 1229 ad litem; the temporary custodian of the child; and the parent 1230 of the child, if the parent’s rights have not been terminated. 1231 (b) The court shall hold a judicial review hearing within 1232 90 days after a child’s 17th birthday. The court shall issue an 1233 order, separate from the order on judicial review, that the 1234 disability of nonage of the child has been removed under ss. 1235 743.044-743.047 for any disability that the court finds is in 1236 the child’s best interest to remove. The department shall 1237 include in the social study report for the first judicial review 1238 that occurs after the child’s 17th birthday written verification 1239 that the child has: 1240 1. A current Medicaid card and all necessary information 1241 concerning the Medicaid program sufficient to prepare the child 1242 to apply for coverage upon reaching the age of 18, if such 1243 application is appropriate. 1244 2. A certified copy of the child’s birth certificate and, 1245 if the child does not have a valid driver license, a Florida 1246 identification card issued under s. 322.051. 1247 3. A social security card and information relating to 1248 social security insurance benefits if the child is eligible for 1249 those benefits. If the child has received such benefits and they 1250 are being held in trust for the child, a full accounting of 1251 these funds must be provided and the child must be informed as 1252 to how to access those funds. 1253 4. All relevant information related to the Road-to 1254 Independence Program under s. 409.1451, including, but not 1255 limited to, eligibility requirements, information on 1256 participation, and assistance in gaining admission to the 1257 program. If the child is eligible for the Road-to-Independence 1258 Program, he or she must be advised that he or she may continue 1259 to reside with the licensed family home or group care provider 1260 with whom the child was residing at the time the child attained 1261 his or her 18th birthday, in another licensed family home, or 1262 with a group care provider arranged by the department. 1263 5. An open bank account or the identification necessary to 1264 open a bank account and to acquire essential banking and 1265 budgeting skills. 1266 6. Information on public assistance and how to apply for 1267 public assistance. 1268 7. A clear understanding of where he or she will be living 1269 on his or her 18th birthday, how living expenses will be paid, 1270 and the educational program or school in which he or she will be 1271 enrolled. 1272 8. Information related to the ability of the child to 1273 remain in care until he or she reaches 21 years of age under s. 1274 39.013. 1275 9. A letter providing the dates that the child is under the 1276 jurisdiction of the court. 1277 10. A letter stating that the child is in compliance with 1278 financial aid documentation requirements. 1279 11. The child’s educational records. 1280 12. The child’s entire health and mental health records. 1281 13. The process for accessing the child’s case file. 1282 14. A statement encouraging the child to attend all 1283 judicial review hearings. 1284 15. Information on how to obtain a driver license or 1285 learner’s driver license. 1286 (c) At the first judicial review hearing held subsequent to 1287 the child’s 17th birthday, if the court determines pursuant to 1288 chapter 744 that there is a good faith basis to believe that the 1289 child qualifies for appointment of a guardian advocate, limited 1290 guardian, or plenary guardian for the child and that no less 1291 restrictive decisionmaking assistance will meet the child’s 1292 needs: 1293 1. The department shall complete a multidisciplinary report 1294 which must include, but is not limited to, a psychosocial 1295 evaluation and educational report if such a report has not been 1296 completed within the previous 2 years. 1297 2. The department shall identify one or more individuals 1298 who are willing to serve as the guardian advocate under s. 1299 393.12 or as the plenary or limited guardian under chapter 744. 1300 Any other interested parties or participants may make efforts to 1301 identify such a guardian advocate, limited guardian, or plenary 1302 guardian. The child’s biological or adoptive family members, 1303 including the child’s parents if the parents’ rights have not 1304 been terminated, may not be considered for service as the 1305 plenary or limited guardian unless the court enters a written 1306 order finding that such an appointment is in the child’s best 1307 interests. 1308 3. Proceedings may be initiated within 180 days after the 1309 child’s 17th birthday for the appointment of a guardian 1310 advocate, plenary guardian, or limited guardian for the child in 1311 a separate proceeding in the court division with jurisdiction 1312 over guardianship matters and pursuant to chapter 744. The 1313 Legislature encourages the use of pro bono representation to 1314 initiate proceedings under this section. 1315 4. In the event another interested party or participant 1316 initiates proceedings for the appointment of a guardian 1317 advocate, plenary guardian, or limited guardian for the child, 1318 the department shall provide all necessary documentation and 1319 information to the petitioner to complete a petition under s. 1320 393.12 or chapter 744 within 45 days after the first judicial 1321 review hearing after the child’s 17th birthday. 1322 5. Any proceedings seeking appointment of a guardian 1323 advocate or a determination of incapacity and the appointment of 1324 a guardian must be conducted in a separate proceeding in the 1325 court division with jurisdiction over guardianship matters and 1326 pursuant to chapter 744. 1327 (d) If the court finds at the judicial review hearing after 1328 the child’s 17th birthday that the department has not met its 1329 obligations to the child as stated in this part, in the written 1330 case plan, or in the provision of independent living services, 1331 the court may issue an order directing the department to show 1332 cause as to why it has not done so. If the department cannot 1333 justify its noncompliance, the court may give the department 30 1334 days within which to comply. If the department fails to comply 1335 within 30 days, the court may hold the department in contempt. 1336 (e) If necessary, the court may review the status of the 1337 child more frequently during the year before the child’s 18th 1338 birthday. At the last review hearing before the child reaches 18 1339 years of age, and in addition to the requirements of subsection 1340 (2), the court shall: 1341 1. Address whether the child plans to remain in foster 1342 care, and, if so, ensure that the child’s transition plan 1343 includes a plan for meeting one or more of the criteria 1344 specified in s. 39.6251 and determine if the child has entered 1345 into a formal agreement for an ongoing relationship with a 1346 supportive adult. 1347 2. Ensure that the transition plan includes a supervised 1348 living arrangement under s. 39.6251. 1349 3. Ensure the child has been informed of: 1350 a. The right to continued support and services from the 1351 department and the community-based care lead agency. 1352 b. The right to request termination of dependency 1353 jurisdiction and be discharged from foster care. 1354 c. The opportunity to reenter foster care under s. 39.6251. 1355 4. Ensure that the child, if he or she requests termination 1356 of dependency jurisdiction and discharge from foster care, has 1357 been informed of: 1358 a. Services or benefits for which the child may be eligible 1359 based on his or her former placement in foster care, including, 1360 but not limited to, the assistance of the Office of Continuing 1361 Care under s. 414.56. 1362 b. Services or benefits that may be lost through 1363 termination of dependency jurisdiction. 1364 c. Other federal, state, local, or community-based services 1365 or supports available to him or her. 1366 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During 1367 each period of time that a young adult remains in foster care, 1368 the court shall review the status of the young adult at least 1369 every 6 months and must hold a permanency review hearing at 1370 least annually. 1371 (e)1. Notwithstanding the provisions of this subsection, if 1372 a young adult has chosen to remain in extended foster care after 1373 he or she has reached 18 years of age, the department may not 1374 close a case and the court may not terminate jurisdiction until 1375 the court finds, following a hearing, that the following 1376 criteria have been met: 1377 a.1.Attendance of the young adult at the hearing; or 1378 b.2.Findings by the court that: 1379 (I)a.The young adult has been informed by the department 1380 of his or her right to attend the hearing and has provided 1381 written consent to waive this right; and 1382 (II)b.The young adult has been informed of the potential 1383 negative effects of early termination of care, the option to 1384 reenter care before reaching 21 years of age, the procedure for, 1385 and limitations on, reentering care, and the availability of 1386 alternative services, and has signed a document attesting that 1387 he or she has been so informed and understands these provisions; 1388 or 1389 (III)c.The young adult has voluntarily left the program, 1390 has not signed the document in sub-subparagraph b., and is 1391 unwilling to participate in any further court proceeding. 1392 2.3.In all permanency hearings or hearings regarding the 1393 transition of the young adult from care to independent living, 1394 the court shall consult with the young adult regarding the 1395 proposed permanency plan, case plan, and individual education 1396 plan for the young adult and ensure that he or she has 1397 understood the conversation. The court shall also inquire of the 1398 young adult regarding his or her relationship with the 1399 supportive adult with whom the young adult has entered into a 1400 formal agreement for an ongoing relationship, if such agreement 1401 exists. 1402 Section 25. Paragraph (a) of subsection (3) of section 1403 39.801, Florida Statutes, is amended to read: 1404 39.801 Procedures and jurisdiction; notice; service of 1405 process.— 1406 (3) Before the court may terminate parental rights, in 1407 addition to the other requirements set forth in this part, the 1408 following requirements must be met: 1409 (a) Notice of the date, time, and place of the advisory 1410 hearing for the petition to terminate parental rights; if 1411 applicable, instructions for appearance through audio-video 1412 communication technology; and a copy of the petition must be 1413 personally served upon the following persons, specifically 1414 notifying them that a petition has been filed: 1415 1. The parents of the child. 1416 2. The legal custodians of the child. 1417 3. If the parents who would be entitled to notice are dead 1418 or unknown, a living relative of the child, unless upon diligent 1419 search and inquiry no such relative can be found. 1420 4. Any person who has physical custody of the child. 1421 5. Any grandparent entitled to priority for adoption under 1422 s. 63.0425. 1423 6. Any prospective parent who has been identified under s. 1424 39.503 or s. 39.803, unless a court order has been entered 1425 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1426 indicates no further notice is required. Except as otherwise 1427 provided in this section, if there is not a legal father, notice 1428 of the petition for termination of parental rights must be 1429 provided to any known prospective father who is identified under 1430 oath before the court or who is identified by a diligent search 1431 of the Florida Putative Father Registry. Service of the notice 1432 of the petition for termination of parental rights is not 1433 required if the prospective father executes an affidavit of 1434 nonpaternity or a consent to termination of his parental rights 1435 which is accepted by the court after notice and opportunity to 1436 be heard by all parties to address the best interests of the 1437 child in accepting such affidavit. 1438 7. The guardian ad litem for the childor the1439representative of the guardian ad litem program, if the program1440has been appointed. 1441 1442 A party may consent to service or notice by e-mail by providing 1443 a primary e-mail address to the clerk of the court. The document 1444 containing the notice to respond or appear must contain, in type 1445 at least as large as the type in the balance of the document, 1446 the following or substantially similar language: “FAILURE TO 1447 APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1448 TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1449 YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1450 ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1451 THE PETITION ATTACHED TO THIS NOTICE.” 1452 Section 26. Subsection (2) of section 39.807, Florida 1453 Statutes, is amended to read: 1454 39.807 Right to counsel; guardian ad litem.— 1455 (2)(a) The court shall appoint a guardian ad litem to 1456 represent thebest interest of thechild in any termination of 1457 parental rights proceedings and shall ascertain at each stage of 1458 the proceedings whether a guardian ad litem has been appointed. 1459 (b) The guardian ad litem has thefollowing1460 responsibilities and authority specified in s. 39.822.:14611. To investigate the allegations of the petition and any1462subsequent matters arising in the case and,1463 (c) Unless excused by the court, the guardian ad litem must 1464tofile a written report. This report must include a statement 1465 of the wishes of the child and the recommendations of the 1466 guardian ad litem and must be provided to all parties and the 1467 court at least 72 hours before the disposition hearing. 14682. To be present at all court hearings unless excused by1469the court.14703. To represent the best interests of the child until the1471jurisdiction of the court over the child terminates or until1472excused by the court.1473(c) A guardian ad litem is not required to post bond but1474shall file an acceptance of the office.1475(d) A guardian ad litem is entitled to receive service of1476pleadings and papers as provided by the Florida Rules of1477Juvenile Procedure.1478 (d)(e)This subsection does not apply to any voluntary 1479 relinquishment of parental rights proceeding. 1480 Section 27. Subsection (2) of section 39.808, Florida 1481 Statutes, is amended to read: 1482 39.808 Advisory hearing; pretrial status conference.— 1483 (2) At the hearing the court shall inform the parties of 1484 their rights under s. 39.807,shallappoint counsel for the 1485 parties in accordance with legal requirements, andshallappoint 1486 a guardian ad litem to represent theinterests of thechild if 1487 one has not already been appointed. 1488 Section 28. Subsection (2) of section 39.815, Florida 1489 Statutes, is amended to read: 1490 39.815 Appeal.— 1491 (2) An attorney for the department shall represent the 1492 state upon appeal. When a notice of appeal is filed in the 1493 circuit court, the clerk shall notify the attorney for the 1494 department,together withthe attorney for the parent, the 1495 guardian ad litem, and theanyattorney ad litem for the child, 1496 if one is appointed. 1497 Section 29. Section 39.820, Florida Statutes, is repealed. 1498 Section 30. Subsections (1) and (3) of section 39.821, 1499 Florida Statutes, are amended to read: 1500 39.821 Qualifications of guardians ad litem.— 1501 (1) Because of the special trust or responsibility placed 1502 in a guardian ad litem, the Statewide Guardian ad Litem Office 1503Programmay use any private funds collected by the office 1504program, or any state funds so designated, to conduct a security 1505 background investigation before certifying a volunteer to serve. 1506 A security background investigation must include, but need not 1507 be limited to, employment history checks, checks of references, 1508 local criminal history records checks through local law 1509 enforcement agencies, and statewide criminal history records 1510 checks through the Department of Law Enforcement. Upon request, 1511 an employer shall furnish a copy of the personnel record for the 1512 employee or former employee who is the subject of a security 1513 background investigation conducted under this section. The 1514 information contained in the personnel record may include, but 1515 need not be limited to, disciplinary matters and the reason why 1516 the employee was terminated from employment. An employer who 1517 releases a personnel record for purposes of a security 1518 background investigation is presumed to have acted in good faith 1519 and is not liable for information contained in the record 1520 without a showing that the employer maliciously falsified the 1521 record. A security background investigation conducted under this 1522 section must ensure that a person is not certified as a guardian 1523 ad litem if the person has an arrest awaiting final disposition 1524 for, been convicted of, regardless of adjudication, entered a 1525 plea of nolo contendere or guilty to, or been adjudicated 1526 delinquent and the record has not been sealed or expunged for, 1527 any offense prohibited under the provisions listed in s. 435.04. 1528 All applicants must undergo a level 2 background screening 1529 pursuant to chapter 435 before being certified to serve as a 1530 guardian ad litem. In analyzing and evaluating the information 1531 obtained in the security background investigation, the office 1532programmust give particular emphasis to past activities 1533 involving children, including, but not limited to, child-related 1534 criminal offenses or child abuse. The officeprogramhas sole 1535 discretion in determining whether to certify a person based on 1536 his or her security background investigation. The information 1537 collected pursuant to the security background investigation is 1538 confidential and exempt from s. 119.07(1). 1539 (3) It is a misdemeanor of the first degree, punishable as 1540 provided in s. 775.082 or s. 775.083, for any person to 1541 willfully, knowingly, or intentionally fail, by false statement, 1542 misrepresentation, impersonation, or other fraudulent means, to 1543 disclose in any application for a volunteer position or for paid 1544 employment with the Statewide Guardian ad Litem OfficeProgram, 1545 any material fact used in making a determination as to the 1546 applicant’s qualifications for such position. 1547 Section 31. Section 39.822, Florida Statutes, is amended to 1548 read: 1549 39.822 Appointment of guardian ad litem for abused, 1550 abandoned, or neglected child.— 1551 (1) A guardian ad litem shall be appointed by the court at 1552 the earliest possible time to represent the child in any child 1553 abuse, abandonment, or neglect judicial proceeding, whether 1554 civil or criminal. A guardian ad litem is a fiduciary and must 1555 provide independent representation of the child using a best 1556 interest standard of decisionmaking and advocacy. 1557 (2)(a) A guardian ad litem must: 1558 1. Be present at all court hearings unless excused by the 1559 court. 1560 2. Investigate issues related to the best interest of the 1561 child who is the subject of the appointment, review all 1562 disposition recommendations and changes in placement, and, 1563 unless excused by the court, file written reports and 1564 recommendations in accordance with general law. 1565 3. Represent the child until the court’s jurisdiction over 1566 the child terminates or until excused by the court. 1567 4. Advocate for the child’s participation in the 1568 proceedings and to report the child’s preferences to the court, 1569 to the extent the child has the ability and desire to express 1570 his or her preferences. 1571 5. Perform other duties that are consistent with the scope 1572 of the appointment. 1573 (b) A guardian ad litem shall have immediate and unlimited 1574 access to the children he or she represents. 1575 (c) A guardian ad litem is not required to post bond but 1576 must file an acceptance of the appointment. 1577 (d) A guardian ad litem is entitled to receive service of 1578 pleadings and papers as provided by the Florida Rules of 1579 Juvenile Procedure. 1580 (3) Any person participating in a civil or criminal 1581 judicial proceeding resulting from such appointment shall be 1582 presumed prima facie to be acting in good faith and in so doing 1583 shall be immune from any liability, civil or criminal, that 1584 otherwise might be incurred or imposed. 1585 (4)(2)In those cases in which the parents are financially 1586 able, the parent or parents of the child shall reimburse the 1587 court, in part or in whole, for the cost of provision of 1588 guardian ad litem representationservices. Reimbursement to the 1589 individual providing guardian ad litem representation is not 1590services shall not becontingent upon successful collection by 1591 the court from the parent or parents. 1592 (5)(3)Upon presentation by a guardian ad litem of a court 1593 order appointing the guardian ad litem: 1594 (a) An agency, as defined in chapter 119, shall allow the 1595 guardian ad litem to inspect and copy records related to the 1596 best interests of the child who is the subject of the 1597 appointment, including, but not limited to, records made 1598 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1599 the State Constitution. The guardian ad litem shall maintain the 1600 confidential or exempt status of any records shared by an agency 1601 under this paragraph. 1602 (b) A person or an organization, other than an agency under 1603 paragraph (a), shall allow the guardian ad litem to inspect and 1604 copy any records related to the best interests of the child who 1605 is the subject of the appointment, including, but not limited 1606 to, confidential records. 1607 1608 For the purposes of this subsection, the term “records related 1609 to the best interests of the child” includes, but is not limited 1610 to, medical, mental health, substance abuse, child care, 1611 education, law enforcement, court, social services, and 1612 financial records. 1613(4) The guardian ad litem or the program representative1614shall review all disposition recommendations and changes in1615placements, and must be present at all critical stages of the1616dependency proceeding or submit a written report of1617recommendations to the court. Written reports must be filed with1618the court and served on all parties whose whereabouts are known1619at least 72 hours prior to the hearing.1620 Section 32. Subsection (4) of section 39.827, Florida 1621 Statutes, is amended to read: 1622 39.827 Hearing for appointment of a guardian advocate.— 1623 (4) The hearing under this section mustshallremain 1624 confidential and closed to the public. The clerk shall keep all 1625 court records required by this part separate from other records 1626 of the circuit court. All court records required by this part 1627 areshall beconfidential and exempt fromthe provisions ofs. 1628 119.07(1).AllRecords may onlyshallbe inspectedonlyupon 1629 order of the court by persons deemed by the court to have a 1630 proper interest therein, except that a child and the parents or 1631 custodians of the child and their attorneys, the guardian ad 1632 litem,andthe department and its designees, and the attorney ad 1633 litem, if one is appointed,shallalways have the right to 1634 inspect and copy any official record pertaining to the child. 1635 The court may permit authorized representatives of recognized 1636 organizations compiling statistics for proper purposes to 1637 inspect and make abstracts from official records, under whatever 1638 conditions upon their use and disposition the court may deem 1639 proper, and may punish by contempt proceedings any violation of 1640 those conditions. All information obtained pursuant to this part 1641 in the discharge of official duty by any judge, employee of the 1642 court, or authorized agent of the department isshall be1643 confidential and exempt fromthe provisions ofs. 119.07(1) and 1644 mayshallnot be disclosed to anyone other than the authorized 1645 personnel of the court or the department and its designees, 1646 except upon order of the court. 1647 Section 33. Paragraphs (a), (b), and (d) of subsection (1) 1648 and subsection (2) of section 39.8296, Florida Statutes, are 1649 amended to read: 1650 39.8296 Statewide Guardian ad Litem Office; legislative 1651 findings and intent; creation; appointment of executive 1652 director; duties of office.— 1653 (1) LEGISLATIVE FINDINGS AND INTENT.— 1654 (a) The Legislature finds that for the past 20 years, the 1655 Statewide Guardian ad Litem OfficeProgramhas been the only 1656 mechanism for best interest representation for children in 1657 Florida who are involved in dependency proceedings. 1658 (b) The Legislature also finds that while the Statewide 1659 Guardian ad Litem OfficeProgramhas been supervised by court 1660 administration within the circuit courts since the office’s 1661program’sinception, there is a perceived conflict of interest 1662 created by the supervision of program staff by the judges before 1663 whom they appear. 1664 (d) It is therefore the intent of the Legislature to place 1665 the Statewide Guardian ad Litem OfficeProgramin an appropriate 1666 place and provide a statewide infrastructure to increase 1667 functioning and standardization among the local officesprograms1668 currently operating in the 20 judicial circuits. 1669 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 1670 Statewide Guardian ad Litem Office within the Justice 1671 Administrative Commission. The Justice Administrative Commission 1672 shall provide administrative support and service to the office 1673 to the extent requested by the executive director within the 1674 available resources of the commission. The Statewide Guardian ad 1675 Litem Office is not subject to control, supervision, or 1676 direction by the Justice Administrative Commission in the 1677 performance of its duties, but the employees of the office are 1678 governed by the classification plan and salary and benefits plan 1679 approved by the Justice Administrative Commission. 1680 (a) The head of the Statewide Guardian ad Litem Office is 1681 the executive director, who shall be appointed by the Governor 1682 from a list of a minimum of three eligible applicants submitted 1683 by a Guardian ad Litem Qualifications Committee. The Guardian ad 1684 Litem Qualifications Committee shall be composed of five 1685 persons, two persons appointed by the Governor, two persons 1686 appointed by the Chief Justice of the Supreme Court, and one 1687 person appointed by the Statewide Guardian ad Litem Office 1688Association. The committee shall provide for statewide 1689 advertisement and the receiving of applications for the position 1690 of executive director. The Governor shall appoint an executive 1691 director from among the recommendations, or the Governor may 1692 reject the nominations and request the submission of new 1693 nominees. The executive director must have knowledge in 1694 dependency law and knowledge of social service delivery systems 1695 available to meet the needs of children who are abused, 1696 neglected, or abandoned. The executive director shall serve on a 1697 full-time basis and shall personally, or through representatives 1698 of the office, carry out the purposes and functions of the 1699 Statewide Guardian ad Litem Office in accordance with state and 1700 federal law and the state’s long-established policy of 1701 prioritizing children’s best interests. The executive director 1702 shall report to the Governor. The executive director shall serve 1703 a 3-year term, subject to removal for cause by the Governor. Any 1704 person appointed to serve as the executive director may be 1705 permitted to serve more than one term without the necessity of 1706 convening the Guardian ad Litem Qualifications Committee. 1707 (b) The Statewide Guardian ad Litem Office shall, within 1708 available resources, have oversight responsibilities for and 1709 provide technical assistance to all guardian ad litem and 1710 attorney ad litem officesprogramslocated within the judicial 1711 circuits. 1712 1. The office shall identify the resources required to 1713 implement methods of collecting, reporting, and tracking 1714 reliable and consistent case data. 1715 2. The office shall review the current guardian ad litem 1716 officesprogramsin Florida and other states. 1717 3. The office, in consultation with local guardian ad litem 1718 offices, shall develop statewide performance measures and 1719 standards. 1720 4. The office shall develop and maintain a guardian ad 1721 litem training program, which must be updated regularly, which1722shall include, but is not limited to, training on the1723recognition of and responses to head trauma and brain injury in1724a child under 6 years of age. The office shall establish a1725curriculum committee to develop the training program specified1726in this subparagraph. The curriculum committee shall include,1727but not be limited to, dependency judges, directors of circuit1728guardian ad litem programs, active certified guardians ad litem,1729a mental health professional who specializes in the treatment of1730children, a member of a child advocacy group, a representative1731of a domestic violence advocacy group, an individual with a1732degree in social work, and a social worker experienced in1733working with victims and perpetrators of child abuse. 1734 5. The office shall review the various methods of funding 1735 guardian ad litem officesprograms, maximize the use of those 1736 funding sources to the extent possible, and review the kinds of 1737 services being provided by circuit guardian ad litem offices 1738programs. 1739 6. The office shall determine the feasibility or 1740 desirability of new concepts of organization, administration, 1741 financing, or service delivery designed to preserve the civil 1742 and constitutional rights and fulfill other needs of dependent 1743 children. 1744 7. The office shall ensure that each child has an attorney 1745 assigned to his or her case and, within available resources, is 1746 represented using multidisciplinary teams that may include 1747 volunteers, pro bono attorneys, social workers, and mentors. 1748 8. The office shall provide oversight and technical 1749 assistance to attorneys ad litem, including, but not limited to, 1750 all of the following: 1751 a. Develop an attorney ad litem training program in 1752 collaboration with dependency court stakeholders, including, but 1753 not limited to, dependency judges, representatives from legal 1754 aid providing attorney ad litem representation, and an attorney 1755 ad litem appointed from a registry maintained by the chief 1756 judge. The training program must be updated regularly with or 1757 without convening the stakeholders group. 1758 b. Offer consultation and technical assistance to chief 1759 judges in maintaining attorney registries for the selection of 1760 attorneys ad litem. 1761 c. Assist with recruitment, training, and mentoring of 1762 attorneys ad litem as needed. 1763 9.7.In an effort to promote normalcy and establish trust 1764 between acourt-appointed volunteerguardian ad litem and a 1765 child alleged to be abused, abandoned, or neglected under this 1766 chapter, a guardian ad litem may transport a child. However, a 1767 guardian ad litemvolunteermay not be required by a guardian ad 1768 litem circuit office or ordered byor directed by the program or1769 a court to transport a child. 1770 10.8.The office shall submit to the Governor, the 1771 President of the Senate, the Speaker of the House of 1772 Representatives, and the Chief Justice of the Supreme Court an 1773 interim report describing the progress of the office in meeting 1774 the goals as described in this section. The office shall submit 1775 to the Governor, the President of the Senate, the Speaker of the 1776 House of Representatives, and the Chief Justice of the Supreme 1777 Court a proposed plan including alternatives for meeting the 1778 state’s guardian ad litem and attorney ad litem needs. This plan 1779 may include recommendations for less than the entire state, may 1780 include a phase-in system, and shall include estimates of the 1781 cost of each of the alternatives. Each year the office shall 1782 provide a status report and provide further recommendations to 1783 address the need for guardian ad litem representationservices1784 and related issues. 1785 Section 34. Section 39.8297, Florida Statutes, is amended 1786 to read: 1787 39.8297 County funding for guardian ad litem employees.— 1788 (1) A county and the executive director of the Statewide 1789 Guardian ad Litem Office may enter into an agreement by which 1790 the county agrees to provide funds to the local guardian ad 1791 litem office in order to employ persons who will assist in the 1792 operation of the guardian ad litem officeprogramin the county. 1793 (2) The agreement, at a minimum, must provide that: 1794 (a) Funding for the persons who are employed will be 1795 provided on at least a fiscal-year basis. 1796 (b) The persons who are employed will be hired, supervised, 1797 managed, and terminated by the executive director of the 1798 Statewide Guardian ad Litem Office. The statewide office is 1799 responsible for compliance with all requirements of federal and 1800 state employment laws, and shall fully indemnify the county from 1801 any liability under such laws, as authorized by s. 768.28(19), 1802 to the extent such liability is the result of the acts or 1803 omissions of the Statewide Guardian ad Litem Office or its 1804 agents or employees. 1805 (c) The county is the employer for purposes of s. 440.10 1806 and chapter 443. 1807 (d) Employees funded by the county under this section and 1808 other county employees may be aggregated for purposes of a 1809 flexible benefits plan pursuant to s. 125 of the Internal 1810 Revenue Code of 1986. 1811 (e) Persons employed under this section may be terminated 1812 after a substantial breach of the agreement or because funding 1813 to the guardian ad litem officeprogramhas expired. 1814 (3) Persons employed under this section may not be counted 1815 in a formula or similar process used by the Statewide Guardian 1816 ad Litem Office to measure personnel needs of a judicial 1817 circuit’s guardian ad litem officeprogram. 1818 (4) Agreements created pursuant to this section do not 1819 obligate the state to allocate funds to a county to employ 1820 persons in the guardian ad litem officeprogram. 1821 Section 35. Subsection (6) is added to section 414.56, 1822 Florida Statutes, to read: 1823 414.56 Office of Continuing Care.—The department shall 1824 establish an Office of Continuing Care to ensure young adults 1825 who age out of the foster care system between 18 and 21 years of 1826 age, or 22 years of age with a documented disability, have a 1827 point of contact until the young adult reaches the age of 26 in 1828 order to receive ongoing support and care coordination needed to 1829 achieve self-sufficiency. Duties of the office include, but are 1830 not limited to: 1831 (6) In coordination with the Statewide Guardian Ad Litem 1832 Office, identifying supportive adults for children transitioning 1833 out of foster care to live independently in accordance with s. 1834 39.6036. 1835 Section 36. Section 1009.898, Florida Statutes, is created 1836 to read: 1837 1009.898 Fostering Prosperity grants.— 1838 (1) Subject to the appropriation of funds for that purpose 1839 by the Legislature, the Fostering Prosperity program shall 1840 administer the following grants to youth and young adults aging 1841 out of foster care: 1842 (a) Grants to provide financial literacy instruction using 1843 a curriculum developed by the Department of Financial Services 1844 in consultation with the Department of Education. 1845 (b) Grants to provide CLT, SAT, or ACT preparation, 1846 including one-on-one support and fee waivers for the 1847 examinations. 1848 (c) Grants to youth and young adults planning to pursue 1849 trade careers or paid apprenticeships. 1850 (2) If a young adult who is aging out of foster care is 1851 reunited with his or her parent, the grants must remain 1852 available for the young adult for up to 1 year after 1853 reunification. 1854 (3) The State Board of Education shall adopt rules to 1855 administer this section. 1856 Section 37. Subsection (1) of section 29.008, Florida 1857 Statutes, is amended to read: 1858 29.008 County funding of court-related functions.— 1859 (1) Counties are required by s. 14, Art. V of the State 1860 Constitution to fund the cost of communications services, 1861 existing radio systems, existing multiagency criminal justice 1862 information systems, and the cost of construction or lease, 1863 maintenance, utilities, and security of facilities for the 1864 circuit and county courts, public defenders’ offices, state 1865 attorneys’ offices, guardian ad litem offices, and the offices 1866 of the clerks of the circuit and county courts performing court 1867 related functions. For purposes of this section, the term 1868 “circuit and county courts” includes the offices and staffing of 1869 the guardian ad litem officesprograms, and the term “public 1870 defenders’ offices” includes the offices of criminal conflict 1871 and civil regional counsel. The county designated under s. 1872 35.05(1) as the headquarters for each appellate district shall 1873 fund these costs for the appellate division of the public 1874 defender’s office in that county. For purposes of implementing 1875 these requirements, the term: 1876 (a) “Facility” means reasonable and necessary buildings and 1877 office space and appurtenant equipment and furnishings, 1878 structures, real estate, easements, and related interests in 1879 real estate, including, but not limited to, those for the 1880 purpose of housing legal materials for use by the general public 1881 and personnel, equipment, or functions of the circuit or county 1882 courts, public defenders’ offices, state attorneys’ offices, and 1883 court-related functions of the office of the clerks of the 1884 circuit and county courts and all storage. The term “facility” 1885 includes all wiring necessary for court reporting services. The 1886 term also includes access to parking for such facilities in 1887 connection with such court-related functions that may be 1888 available free or from a private provider or a local government 1889 for a fee. The office space provided by a county may not be less 1890 than the standards for space allotment adopted by the Department 1891 of Management Services, except this requirement applies only to 1892 facilities that are leased, or on which construction commences, 1893 after June 30, 2003. County funding must include physical 1894 modifications and improvements to all facilities as are required 1895 for compliance with the Americans with Disabilities Act. Upon 1896 mutual agreement of a county and the affected entity in this 1897 paragraph, the office space provided by the county may vary from 1898 the standards for space allotment adopted by the Department of 1899 Management Services. 1900 1. As of July 1, 2005, equipment and furnishings shall be 1901 limited to that appropriate and customary for courtrooms, 1902 hearing rooms, jury facilities, and other public areas in 1903 courthouses and any other facility occupied by the courts, state 1904 attorneys, public defenders, guardians ad litem, and criminal 1905 conflict and civil regional counsel. Court reporting equipment 1906 in these areas or facilities is not a responsibility of the 1907 county. 1908 2. Equipment and furnishings under this paragraph in 1909 existence and owned by counties on July 1, 2005, except for that 1910 in the possession of the clerks, for areas other than 1911 courtrooms, hearing rooms, jury facilities, and other public 1912 areas in courthouses and any other facility occupied by the 1913 courts, state attorneys, and public defenders, shall be 1914 transferred to the state at no charge. This provision does not 1915 apply to any communications services as defined in paragraph 1916 (f). 1917 (b) “Construction or lease” includes, but is not limited 1918 to, all reasonable and necessary costs of the acquisition or 1919 lease of facilities for all judicial officers, staff, jurors, 1920 volunteers of a tenant agency, and the public for the circuit 1921 and county courts, the public defenders’ offices, state 1922 attorneys’ offices, and for performing the court-related 1923 functions of the offices of the clerks of the circuit and county 1924 courts. This includes expenses related to financing such 1925 facilities and the existing and future cost and bonded 1926 indebtedness associated with placing the facilities in use. 1927 (c) “Maintenance” includes, but is not limited to, all 1928 reasonable and necessary costs of custodial and groundskeeping 1929 services and renovation and reconstruction as needed to 1930 accommodate functions for the circuit and county courts, the 1931 public defenders’ offices, and state attorneys’ offices and for 1932 performing the court-related functions of the offices of the 1933 clerks of the circuit and county court and for maintaining the 1934 facilities in a condition appropriate and safe for the use 1935 intended. 1936 (d) “Utilities” means all electricity services for light, 1937 heat, and power; natural or manufactured gas services for light, 1938 heat, and power; water and wastewater services and systems, 1939 stormwater or runoff services and systems, sewer services and 1940 systems, all costs or fees associated with these services and 1941 systems, and any costs or fees associated with the mitigation of 1942 environmental impacts directly related to the facility. 1943 (e) “Security” includes but is not limited to, all 1944 reasonable and necessary costs of services of law enforcement 1945 officers or licensed security guards and all electronic, 1946 cellular, or digital monitoring and screening devices necessary 1947 to ensure the safety and security of all persons visiting or 1948 working in a facility; to provide for security of the facility, 1949 including protection of property owned by the county or the 1950 state; and for security of prisoners brought to any facility. 1951 This includes bailiffs while providing courtroom and other 1952 security for each judge and other quasi-judicial officers. 1953 (f) “Communications services” are defined as any reasonable 1954 and necessary transmission, emission, and reception of signs, 1955 signals, writings, images, and sounds of intelligence of any 1956 nature by wire, radio, optical, audio equipment, or other 1957 electromagnetic systems and includes all facilities and 1958 equipment owned, leased, or used by judges, clerks, public 1959 defenders, state attorneys, guardians ad litem, criminal 1960 conflict and civil regional counsel, and all staff of the state 1961 courts system, state attorneys’ offices, public defenders’ 1962 offices, and clerks of the circuit and county courts performing 1963 court-related functions. Such system or services shall include, 1964 but not be limited to: 1965 1. Telephone system infrastructure, including computer 1966 lines, telephone switching equipment, and maintenance, and 1967 facsimile equipment, wireless communications, cellular 1968 telephones, pagers, and video teleconferencing equipment and 1969 line charges. Each county shall continue to provide access to a 1970 local carrier for local and long distance service and shall pay 1971 toll charges for local and long distance service. 1972 2. All computer networks, systems and equipment, including 1973 computer hardware and software, modems, printers, wiring, 1974 network connections, maintenance, support staff or services 1975 including any county-funded support staff located in the offices 1976 of the circuit court, county courts, state attorneys, public 1977 defenders, guardians ad litem, and criminal conflict and civil 1978 regional counsel; training, supplies, and line charges necessary 1979 for an integrated computer system to support the operations and 1980 management of the state courts system, the offices of the public 1981 defenders, the offices of the state attorneys, the guardian ad 1982 litem offices, the offices of criminal conflict and civil 1983 regional counsel, and the offices of the clerks of the circuit 1984 and county courts; and the capability to connect those entities 1985 and reporting data to the state as required for the transmission 1986 of revenue, performance accountability, case management, data 1987 collection, budgeting, and auditing purposes. The integrated 1988 computer system shall be operational by July 1, 2006, and, at a 1989 minimum, permit the exchange of financial, performance 1990 accountability, case management, case disposition, and other 1991 data across multiple state and county information systems 1992 involving multiple users at both the state level and within each 1993 judicial circuit and be able to electronically exchange judicial 1994 case background data, sentencing scoresheets, and video evidence 1995 information stored in integrated case management systems over 1996 secure networks. Once the integrated system becomes operational, 1997 counties may reject requests to purchase communications services 1998 included in this subparagraph not in compliance with standards, 1999 protocols, or processes adopted by the board established 2000 pursuant to former s. 29.0086. 2001 3. Courier messenger and subpoena services. 2002 4. Auxiliary aids and services for qualified individuals 2003 with a disability which are necessary to ensure access to the 2004 courts. Such auxiliary aids and services include, but are not 2005 limited to, sign language interpretation services required under 2006 the federal Americans with Disabilities Act other than services 2007 required to satisfy due-process requirements and identified as a 2008 state funding responsibility pursuant to ss. 29.004-29.007, 2009 real-time transcription services for individuals who are hearing 2010 impaired, and assistive listening devices and the equipment 2011 necessary to implement such accommodations. 2012 (g) “Existing radio systems” includes, but is not limited 2013 to, law enforcement radio systems that are used by the circuit 2014 and county courts, the offices of the public defenders, the 2015 offices of the state attorneys, and for court-related functions 2016 of the offices of the clerks of the circuit and county courts. 2017 This includes radio systems that were operational or under 2018 contract at the time Revision No. 7, 1998, to Art. V of the 2019 State Constitution was adopted and any enhancements made 2020 thereafter, the maintenance of those systems, and the personnel 2021 and supplies necessary for operation. 2022 (h) “Existing multiagency criminal justice information 2023 systems” includes, but is not limited to, those components of 2024 the multiagency criminal justice information system as defined 2025 in s. 943.045, supporting the offices of the circuit or county 2026 courts, the public defenders’ offices, the state attorneys’ 2027 offices, or those portions of the offices of the clerks of the 2028 circuit and county courts performing court-related functions 2029 that are used to carry out the court-related activities of those 2030 entities. This includes upgrades and maintenance of the current 2031 equipment, maintenance and upgrades of supporting technology 2032 infrastructure and associated staff, and services and expenses 2033 to assure continued information sharing and reporting of 2034 information to the state. The counties shall also provide 2035 additional information technology services, hardware, and 2036 software as needed for new judges and staff of the state courts 2037 system, state attorneys’ offices, public defenders’ offices, 2038 guardian ad litem offices, and the offices of the clerks of the 2039 circuit and county courts performing court-related functions. 2040 Section 38. Paragraph (a) of subsection (1) of section 2041 39.6011, Florida Statutes, is amended to read: 2042 39.6011 Case plan development.— 2043 (1) The department shall prepare a draft of the case plan 2044 for each child receiving services under this chapter. A parent 2045 of a child may not be threatened or coerced with the loss of 2046 custody or parental rights for failing to admit in the case plan 2047 of abusing, neglecting, or abandoning a child. Participating in 2048 the development of a case plan is not an admission to any 2049 allegation of abuse, abandonment, or neglect, and it is not a 2050 consent to a finding of dependency or termination of parental 2051 rights. The case plan shall be developed subject to the 2052 following requirements: 2053 (a) The case plan must be developed in a face-to-face 2054 conference with the parent of the child, theanycourt-appointed 2055 guardian ad litem, and, if appropriate, the child and the 2056 temporary custodian of the child. 2057 Section 39. Subsection (8) of section 40.24, Florida 2058 Statutes, is amended to read: 2059 40.24 Compensation and reimbursement policy.— 2060 (8) In circuits that elect to allow jurors to donate their 2061 jury service fee upon conclusion of juror service, each juror 2062 may irrevocably donate all of the juror’s compensation to the 26 2063 U.S.C. s. 501(c)(3) organization specified by the Statewide 2064 Guardian ad Litem Officeprogramor to a domestic violence 2065 shelter as specified annually on a rotating basis by the clerk 2066 of court in the circuit for the juror’s county of residence. The 2067 funds collected may not reduce or offset the amount of 2068 compensation that the Statewide Guardian ad Litem Officeprogram2069 or domestic violence shelter would otherwise receive from the 2070 state. The clerk of court shall ensure that all jurors are given 2071 written notice at the conclusion of their service that they have 2072 the option to so donate their compensation, and that the 2073 applicable program specified by the Statewide Guardian ad Litem 2074 Officeprogramor a domestic violence shelter receives all funds 2075 donated by the jurors. Any circuit guardian ad litem office 2076programreceiving donations of juror compensation must expend 2077 such moneys on services for children for whom guardians ad litem 2078 have been appointed. 2079 Section 40. Subsections (5), (6), and (7) of section 43.16, 2080 Florida Statutes, are amended to read: 2081 43.16 Justice Administrative Commission; membership, powers 2082 and duties.— 2083 (5) The duties of the commission shall include, but not be 2084 limited to, the following: 2085 (a) The maintenance of a central state office for 2086 administrative services and assistance when possible to and on 2087 behalf of the state attorneys and public defenders of Florida, 2088 the capital collateral regional counsel of Florida, the criminal 2089 conflict and civil regional counsel, and the Statewide Guardian 2090 Ad Litem OfficeProgram. 2091 (b) Each state attorney, public defender, and criminal 2092 conflict and civil regional counsel and the Statewide Guardian 2093 Ad Litem OfficeProgramshall continue to prepare necessary 2094 budgets, vouchers that represent valid claims for reimbursement 2095 by the state for authorized expenses, and other things 2096 incidental to the proper administrative operation of the office, 2097 such as revenue transmittals to the Chief Financial Officer and 2098 automated systems plans, but will forward such items to the 2099 commission for recording and submission to the proper state 2100 officer. However, when requested by a state attorney, a public 2101 defender, a criminal conflict and civil regional counsel, or the 2102 Statewide Guardian Ad Litem OfficeProgram, the commission will 2103 either assist in the preparation of budget requests, voucher 2104 schedules, and other forms and reports or accomplish the entire 2105 project involved. 2106 (6) The commission, each state attorney, each public 2107 defender, the criminal conflict and civil regional counsel, the 2108 capital collateral regional counsel, and the Statewide Guardian 2109 Ad Litem OfficeProgramshall establish and maintain internal 2110 controls designed to: 2111 (a) Prevent and detect fraud, waste, and abuse as defined 2112 in s. 11.45(1). 2113 (b) Promote and encourage compliance with applicable laws, 2114 rules, contracts, grant agreements, and best practices. 2115 (c) Support economical and efficient operations. 2116 (d) Ensure reliability of financial records and reports. 2117 (e) Safeguard assets. 2118 (7)The provisions contained inThis section isshall be2119 supplemental tothose ofchapter 27, relating to state 2120 attorneys, public defenders, criminal conflict and civil 2121 regional counsel, and capital collateral regional counsel; to 2122those ofchapter 39, relating to the Statewide Guardian Ad Litem 2123 OfficeProgram; or to other laws pertaining hereto. 2124 Section 41. Paragraph (a) of subsection (1) and subsection 2125 (4) of section 61.402, Florida Statutes, are amended to read: 2126 61.402 Qualifications of guardians ad litem.— 2127 (1) A person appointed as a guardian ad litem pursuant to 2128 s. 61.401 must be: 2129 (a) Certified by the Statewide Guardian Ad Litem Office 2130Programpursuant to s. 39.821; 2131 (b) Certified by a not-for-profit legal aid organization as 2132 defined in s. 68.096; or 2133 (c) An attorney who is a member in good standing of The 2134 Florida Bar. 2135 (4) Nothing in this section requires the Statewide Guardian 2136 Ad Litem OfficeProgramor a not-for-profit legal aid 2137 organization to train or certify guardians ad litem appointed 2138 under this chapter. 2139 Section 42. Paragraph (x) of subsection (2) of section 2140 110.205, Florida Statutes, is amended to read: 2141 110.205 Career service; exemptions.— 2142 (2) EXEMPT POSITIONS.—The exempt positions that are not 2143 covered by this part include the following: 2144 (x) All officers and employees of the Justice 2145 Administrative Commission, Office of the State Attorney, Office 2146 of the Public Defender, regional offices of capital collateral 2147 counsel, offices of criminal conflict and civil regional 2148 counsel, and Statewide Guardian Ad Litem Office, including the 2149 circuit guardian ad litem officesprograms. 2150 Section 43. Paragraph (b) of subsection (96) of section 2151 320.08058, Florida Statutes, is amended to read: 2152 320.08058 Specialty license plates.— 2153 (96) GUARDIAN AD LITEM LICENSE PLATES.— 2154 (b) The annual use fees from the sale of the plate shall be 2155 distributed to the Florida Guardian Ad Litem Foundation, Inc., a 2156 direct-support organization and a nonprofit corporation under s. 2157 501(c)(3) of the Internal Revenue Code. Up to 10 percent of the 2158 proceeds may be used for administrative costs and the marketing 2159 of the plate. The remainder of the proceeds must be used in this 2160 state to support the mission and efforts of the Statewide 2161 Guardian Ad Litem OfficeProgramto represent abused, abandoned, 2162 and neglected children and advocate for their best interests; 2163 recruit and retain volunteer child advocates; and meet the 2164 unique needs of the dependent children the program serves. 2165 Section 44. Paragraph (e) of subsection (3) of section 2166 943.053, Florida Statutes, is amended to read: 2167 943.053 Dissemination of criminal justice information; 2168 fees.— 2169 (3) 2170 (e) The fee per record for criminal history information 2171 provided pursuant to this subsection and s. 943.0542 is $24 per 2172 name submitted, except that the fee for the Statewide Guardian 2173 Ad Litem Officeprogramand vendors of the Department of 2174 Children and Families, the Department of Juvenile Justice, the 2175 Agency for Persons with Disabilities, and the Department of 2176 Elderly Affairs is $8 for each name submitted; the fee for a 2177 state criminal history provided for application processing as 2178 required by law to be performed by the Department of Agriculture 2179 and Consumer Services is $15 for each name submitted; and the 2180 fee for requests under s. 943.0542, which implements the 2181 National Child Protection Act, is $18 for each volunteer name 2182 submitted. An office of the public defender or an office of 2183 criminal conflict and civil regional counsel may not be assessed 2184 a fee for Florida criminal history information or wanted person 2185 information. 2186 Section 45. Subsection (2) of section 985.43, Florida 2187 Statutes, is amended to read: 2188 985.43 Predisposition reports; other evaluations.— 2189 (2) The court shall consider the child’s entire assessment 2190 and predisposition report and shall review the records of 2191 earlier judicial proceedings before making a final disposition 2192 of the case. If the child is under the jurisdiction of a 2193 dependency court, the court may receive and consider any 2194 information provided by the Statewide Guardian Ad Litem Office 2195Programand the child’s attorney ad litem, if one is appointed. 2196 The court may, by order, require additional evaluations and 2197 studies to be performed by the department; the county school 2198 system; or any social, psychological, or psychiatric agency of 2199 the state. The court shall order the educational needs 2200 assessment completed under s. 985.18(2) to be included in the 2201 assessment and predisposition report. 2202 Section 46. Subsection (4) of section 985.441, Florida 2203 Statutes, is amended to read: 2204 985.441 Commitment.— 2205 (4) The department may transfer a child, when necessary to 2206 appropriately administer the child’s commitment, from one 2207 facility or program to another facility or program operated, 2208 contracted, subcontracted, or designated by the department, 2209 including a postcommitment nonresidential conditional release 2210 program, except that the department may not transfer any child 2211 adjudicated solely for a misdemeanor to a residential program 2212 except as provided in subsection (2). The department shall 2213 notify the court that committed the child to the department and 2214 any attorney of record for the child, in writing, of its intent 2215 to transfer the child from a commitment facility or program to 2216 another facility or program of a higher or lower restrictiveness 2217 level. If the child is under the jurisdiction of a dependency 2218 court, the department shall also provide notice to the 2219 dependency court,andthe Department of Children and Families, 2220and, if appointed,the Statewide Guardian Ad Litem Office, 2221Programand the child’s attorney ad litem, if one is appointed. 2222 The court that committed the child may agree to the transfer or 2223 may set a hearing to review the transfer. If the court does not 2224 respond within 10 days after receipt of the notice, the transfer 2225 of the child shall be deemed granted. 2226 Section 47. Subsection (3) of section 985.455, Florida 2227 Statutes, is amended to read: 2228 985.455 Other dispositional issues.— 2229 (3) Any commitment of a delinquent child to the department 2230 must be for an indeterminate period of time, which may include 2231 periods of temporary release; however, the period of time may 2232 not exceed the maximum term of imprisonment that an adult may 2233 serve for the same offense, except that the duration of a 2234 minimum-risk nonresidential commitment for an offense that is a 2235 misdemeanor of the second degree, or is equivalent to a 2236 misdemeanor of the second degree, may be for a period not to 2237 exceed 6 months. The duration of the child’s placement in a 2238 commitment program of any restrictiveness level shall be based 2239 on objective performance-based treatment planning. The child’s 2240 treatment plan progress and adjustment-related issues shall be 2241 reported to the court quarterly, unless the court requests 2242 monthly reports. If the child is under the jurisdiction of a 2243 dependency court, the court may receive and consider any 2244 information provided by the Statewide Guardian Ad Litem Office 2245Programor the child’s attorney ad litem, if one is appointed. 2246 The child’s length of stay in a commitment program may be 2247 extended if the child fails to comply with or participate in 2248 treatment activities. The child’s length of stay in the program 2249 shall not be extended for purposes of sanction or punishment. 2250 Any temporary release from such program must be approved by the 2251 court. Any child so committed may be discharged from 2252 institutional confinement or a program upon the direction of the 2253 department with the concurrence of the court. The child’s 2254 treatment plan progress and adjustment-related issues must be 2255 communicated to the court at the time the department requests 2256 the court to consider releasing the child from the commitment 2257 program. The department shall give the court that committed the 2258 child to the department reasonable notice, in writing, of its 2259 desire to discharge the child from a commitment facility. The 2260 court that committed the child may thereafter accept or reject 2261 the request. If the court does not respond within 10 days after 2262 receipt of the notice, the request of the department shall be 2263 deemed granted. This section does not limit the department’s 2264 authority to revoke a child’s temporary release status and 2265 return the child to a commitment facility for any violation of 2266 the terms and conditions of the temporary release. 2267 Section 48. Paragraph (b) of subsection (4) of section 2268 985.461, Florida Statutes, is amended to read: 2269 985.461 Transition to adulthood.— 2270 (4) As part of the child’s treatment plan, the department 2271 may provide transition-to-adulthood services to children 2272 released from residential commitment. To support participation 2273 in transition-to-adulthood services and subject to 2274 appropriation, the department may: 2275 (b) Use community reentry teams to assist in the 2276 development of a list of age-appropriate activities and 2277 responsibilities to be incorporated in the child’s written case 2278 plan for any youth who is under the custody or supervision of 2279 the department. Community reentry teams may include 2280 representatives from school districts, law enforcement, 2281 workforce development services, community-based service 2282 providers, the Statewide Guardian Ad Litem OfficeProgram, and 2283 the youth’s family. Such community reentry teams must be created 2284 within existing resources provided to the department. Activities 2285 may include, but are not limited to, life skills training, 2286 including training to develop banking and budgeting skills, 2287 interviewing and career planning skills, parenting skills, 2288 personal health management, and time management or 2289 organizational skills; educational support; employment training; 2290 and counseling. 2291 Section 49. Subsection (11) of section 985.48, Florida 2292 Statutes, is amended to read: 2293 985.48 Juvenile sexual offender commitment programs; sexual 2294 abuse intervention networks.— 2295 (11) Membership of a sexual abuse intervention network 2296 shall include, but is not limited to, representatives from: 2297 (a) Local law enforcement agencies; 2298 (b) Local school boards; 2299 (c) Child protective investigators; 2300 (d) The office of the state attorney; 2301 (e) The office of the public defender; 2302 (f) The juvenile division of the circuit court; 2303 (g) Professionals licensed under chapter 458, chapter 459, 2304 s. 490.0145, or s. 491.0144 providing treatment for juvenile 2305 sexual offenders or their victims; 2306 (h) The Statewide Guardian Ad Litem Officeprogram; 2307 (i) The Department of Juvenile Justice; and 2308 (j) The Department of Children and Families. 2309 Section 50. Subsection (1) of section 39.302, Florida 2310 Statutes, is amended to read: 2311 39.302 Protective investigations of institutional child 2312 abuse, abandonment, or neglect.— 2313 (1) The department shall conduct a child protective 2314 investigation of each report of institutional child abuse, 2315 abandonment, or neglect. Upon receipt of a report that alleges 2316 that an employee or agent of the department, or any other entity 2317 or person covered by s. 39.01(39) or (57)s. 39.01(36) or (54), 2318 acting in an official capacity, has committed an act of child 2319 abuse, abandonment, or neglect, the department shall initiate a 2320 child protective investigation within the timeframe established 2321 under s. 39.101(2) and notify the appropriate state attorney, 2322 law enforcement agency, and licensing agency, which shall 2323 immediately conduct a joint investigation, unless independent 2324 investigations are more feasible. When conducting investigations 2325 or having face-to-face interviews with the child, investigation 2326 visits shall be unannounced unless it is determined by the 2327 department or its agent that unannounced visits threaten the 2328 safety of the child. If a facility is exempt from licensing, the 2329 department shall inform the owner or operator of the facility of 2330 the report. Each agency conducting a joint investigation is 2331 entitled to full access to the information gathered by the 2332 department in the course of the investigation. A protective 2333 investigation must include an interview with the child’s parent 2334 or legal guardian. The department shall make a full written 2335 report to the state attorney within 3 business days after making 2336 the oral report. A criminal investigation shall be coordinated, 2337 whenever possible, with the child protective investigation of 2338 the department. Any interested person who has information 2339 regarding the offenses described in this subsection may forward 2340 a statement to the state attorney as to whether prosecution is 2341 warranted and appropriate. Within 15 days after the completion 2342 of the investigation, the state attorney shall report the 2343 findings to the department and shall include in the report a 2344 determination of whether or not prosecution is justified and 2345 appropriate in view of the circumstances of the specific case. 2346 Section 51. Paragraph (c) of subsection (1) of section 2347 39.521, Florida Statutes, is amended to read: 2348 39.521 Disposition hearings; powers of disposition.— 2349 (1) A disposition hearing shall be conducted by the court, 2350 if the court finds that the facts alleged in the petition for 2351 dependency were proven in the adjudicatory hearing, or if the 2352 parents or legal custodians have consented to the finding of 2353 dependency or admitted the allegations in the petition, have 2354 failed to appear for the arraignment hearing after proper 2355 notice, or have not been located despite a diligent search 2356 having been conducted. 2357 (c) When any child is adjudicated by a court to be 2358 dependent, the court having jurisdiction of the child has the 2359 power by order to: 2360 1. Require the parent and, when appropriate, the legal 2361 guardian or the child to participate in treatment and services 2362 identified as necessary. The court may require the person who 2363 has custody or who is requesting custody of the child to submit 2364 to a mental health or substance abuse disorder assessment or 2365 evaluation. The order may be made only upon good cause shown and 2366 pursuant to notice and procedural requirements provided under 2367 the Florida Rules of Juvenile Procedure. The mental health 2368 assessment or evaluation must be administered by a qualified 2369 professional as defined in s. 39.01, and the substance abuse 2370 assessment or evaluation must be administered by a qualified 2371 professional as defined in s. 397.311. The court may also 2372 require such person to participate in and comply with treatment 2373 and services identified as necessary, including, when 2374 appropriate and available, participation in and compliance with 2375 a mental health court program established under chapter 394 or a 2376 treatment-based drug court program established under s. 397.334. 2377 Adjudication of a child as dependent based upon evidence of harm 2378 as defined in s. 39.01(37)(g)s. 39.01(34)(g)demonstrates good 2379 cause, and the court shall require the parent whose actions 2380 caused the harm to submit to a substance abuse disorder 2381 assessment or evaluation and to participate and comply with 2382 treatment and services identified in the assessment or 2383 evaluation as being necessary. In addition to supervision by the 2384 department, the court, including the mental health court program 2385 or the treatment-based drug court program, may oversee the 2386 progress and compliance with treatment by a person who has 2387 custody or is requesting custody of the child. The court may 2388 impose appropriate available sanctions for noncompliance upon a 2389 person who has custody or is requesting custody of the child or 2390 make a finding of noncompliance for consideration in determining 2391 whether an alternative placement of the child is in the child’s 2392 best interests. Any order entered under this subparagraph may be 2393 made only upon good cause shown. This subparagraph does not 2394 authorize placement of a child with a person seeking custody of 2395 the child, other than the child’s parent or legal custodian, who 2396 requires mental health or substance abuse disorder treatment. 2397 2. Require, if the court deems necessary, the parties to 2398 participate in dependency mediation. 2399 3. Require placement of the child either under the 2400 protective supervision of an authorized agent of the department 2401 in the home of one or both of the child’s parents or in the home 2402 of a relative of the child or another adult approved by the 2403 court, or in the custody of the department. Protective 2404 supervision continues until the court terminates it or until the 2405 child reaches the age of 18, whichever date is first. Protective 2406 supervision shall be terminated by the court whenever the court 2407 determines that permanency has been achieved for the child, 2408 whether with a parent, another relative, or a legal custodian, 2409 and that protective supervision is no longer needed. The 2410 termination of supervision may be with or without retaining 2411 jurisdiction, at the court’s discretion, and shall in either 2412 case be considered a permanency option for the child. The order 2413 terminating supervision by the department must set forth the 2414 powers of the custodian of the child and include the powers 2415 ordinarily granted to a guardian of the person of a minor unless 2416 otherwise specified. Upon the court’s termination of supervision 2417 by the department, further judicial reviews are not required if 2418 permanency has been established for the child. 2419 4. Determine whether the child has a strong attachment to 2420 the prospective permanent guardian and whether such guardian has 2421 a strong commitment to permanently caring for the child. 2422 Section 52. Paragraph (c) of subsection (2) of section 2423 61.13, Florida Statutes, is amended to read: 2424 61.13 Support of children; parenting and time-sharing; 2425 powers of court.— 2426 (2) 2427 (c) The court shall determine all matters relating to 2428 parenting and time-sharing of each minor child of the parties in 2429 accordance with the best interests of the child and in 2430 accordance with the Uniform Child Custody Jurisdiction and 2431 Enforcement Act, except that modification of a parenting plan 2432 and time-sharing schedule requires a showing of a substantial 2433 and material change of circumstances. 2434 1. It is the public policy of this state that each minor 2435 child has frequent and continuing contact with both parents 2436 after the parents separate or the marriage of the parties is 2437 dissolved and to encourage parents to share the rights and 2438 responsibilities, and joys, of childrearing. Unless otherwise 2439 provided in this section or agreed to by the parties, there is a 2440 rebuttable presumption that equal time-sharing of a minor child 2441 is in the best interests of the minor child. To rebut this 2442 presumption, a party must prove by a preponderance of the 2443 evidence that equal time-sharing is not in the best interests of 2444 the minor child. Except when a time-sharing schedule is agreed 2445 to by the parties and approved by the court, the court must 2446 evaluate all of the factors set forth in subsection (3) and make 2447 specific written findings of fact when creating or modifying a 2448 time-sharing schedule. 2449 2. The court shall order that the parental responsibility 2450 for a minor child be shared by both parents unless the court 2451 finds that shared parental responsibility would be detrimental 2452 to the child. In determining detriment to the child, the court 2453 shall consider: 2454 a. Evidence of domestic violence, as defined in s. 741.28; 2455 b. Whether either parent has or has had reasonable cause to 2456 believe that he or she or his or her minor child or children are 2457 or have been in imminent danger of becoming victims of an act of 2458 domestic violence as defined in s. 741.28 or sexual violence as 2459 defined in s. 784.046(1)(c) by the other parent against the 2460 parent or against the child or children whom the parents share 2461 in common regardless of whether a cause of action has been 2462 brought or is currently pending in the court; 2463 c. Whether either parent has or has had reasonable cause to 2464 believe that his or her minor child or children are or have been 2465 in imminent danger of becoming victims of an act of abuseas2466defined in s. 39.01(2), abandonmentas defined in s. 39.01(1), 2467 or neglect, as those terms are defined in s. 39.01,s. 39.01(50)2468 by the other parent against the child or children whom the 2469 parents share in common regardless of whether a cause of action 2470 has been brought or is currently pending in the court; and 2471 d. Any other relevant factors. 2472 3. The following evidence creates a rebuttable presumption 2473 that shared parental responsibility is detrimental to the child: 2474 a. A parent has been convicted of a misdemeanor of the 2475 first degree or higher involving domestic violence, as defined 2476 in s. 741.28 and chapter 775; 2477 b. A parent meets the criteria of s. 39.806(1)(d); or 2478 c. A parent has been convicted of or had adjudication 2479 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2480 at the time of the offense: 2481 (I) The parent was 18 years of age or older. 2482 (II) The victim was under 18 years of age or the parent 2483 believed the victim to be under 18 years of age. 2484 2485 If the presumption is not rebutted after the convicted parent is 2486 advised by the court that the presumption exists, shared 2487 parental responsibility, including time-sharing with the child, 2488 and decisions made regarding the child, may not be granted to 2489 the convicted parent. However, the convicted parent is not 2490 relieved of any obligation to provide financial support. If the 2491 court determines that shared parental responsibility would be 2492 detrimental to the child, it may order sole parental 2493 responsibility and make such arrangements for time-sharing as 2494 specified in the parenting plan as will best protect the child 2495 or abused spouse from further harm. Whether or not there is a 2496 conviction of any offense of domestic violence or child abuse or 2497 the existence of an injunction for protection against domestic 2498 violence, the court shall consider evidence of domestic violence 2499 or child abuse as evidence of detriment to the child. 2500 4. In ordering shared parental responsibility, the court 2501 may consider the expressed desires of the parents and may grant 2502 to one party the ultimate responsibility over specific aspects 2503 of the child’s welfare or may divide those responsibilities 2504 between the parties based on the best interests of the child. 2505 Areas of responsibility may include education, health care, and 2506 any other responsibilities that the court finds unique to a 2507 particular family. 2508 5. The court shall order sole parental responsibility for a 2509 minor child to one parent, with or without time-sharing with the 2510 other parent if it is in the best interests of the minor child. 2511 6. There is a rebuttable presumption against granting time 2512 sharing with a minor child if a parent has been convicted of or 2513 had adjudication withheld for an offense enumerated in s. 2514 943.0435(1)(h)1.a., and at the time of the offense: 2515 a. The parent was 18 years of age or older. 2516 b. The victim was under 18 years of age or the parent 2517 believed the victim to be under 18 years of age. 2518 2519 A parent may rebut the presumption upon a specific finding in 2520 writing by the court that the parent poses no significant risk 2521 of harm to the child and that time-sharing is in the best 2522 interests of the minor child. If the presumption is rebutted, 2523 the court must consider all time-sharing factors in subsection 2524 (3) when developing a time-sharing schedule. 2525 7. Access to records and information pertaining to a minor 2526 child, including, but not limited to, medical, dental, and 2527 school records, may not be denied to either parent. Full rights 2528 under this subparagraph apply to either parent unless a court 2529 order specifically revokes these rights, including any 2530 restrictions on these rights as provided in a domestic violence 2531 injunction. A parent having rights under this subparagraph has 2532 the same rights upon request as to form, substance, and manner 2533 of access as are available to the other parent of a child, 2534 including, without limitation, the right to in-person 2535 communication with medical, dental, and education providers. 2536 Section 53. Paragraph (d) of subsection (4) of section 2537 119.071, Florida Statutes, is amended to read: 2538 119.071 General exemptions from inspection or copying of 2539 public records.— 2540 (4) AGENCY PERSONNEL INFORMATION.— 2541 (d)1. For purposes of this paragraph, the term: 2542 a. “Home addresses” means the dwelling location at which an 2543 individual resides and includes the physical address, mailing 2544 address, street address, parcel identification number, plot 2545 identification number, legal property description, neighborhood 2546 name and lot number, GPS coordinates, and any other descriptive 2547 property information that may reveal the home address. 2548 b. “Judicial assistant” means a court employee assigned to 2549 the following class codes: 8140, 8150, 8310, and 8320. 2550 c. “Telephone numbers” includes home telephone numbers, 2551 personal cellular telephone numbers, personal pager telephone 2552 numbers, and telephone numbers associated with personal 2553 communications devices. 2554 2.a. The home addresses, telephone numbers, dates of birth, 2555 and photographs of active or former sworn law enforcement 2556 personnel or of active or former civilian personnel employed by 2557 a law enforcement agency, including correctional and 2558 correctional probation officers, personnel of the Department of 2559 Children and Families whose duties include the investigation of 2560 abuse, neglect, exploitation, fraud, theft, or other criminal 2561 activities, personnel of the Department of Health whose duties 2562 are to support the investigation of child abuse or neglect, and 2563 personnel of the Department of Revenue or local governments 2564 whose responsibilities include revenue collection and 2565 enforcement or child support enforcement; the names, home 2566 addresses, telephone numbers, photographs, dates of birth, and 2567 places of employment of the spouses and children of such 2568 personnel; and the names and locations of schools and day care 2569 facilities attended by the children of such personnel are exempt 2570 from s. 119.07(1) and s. 24(a), Art. I of the State 2571 Constitution. 2572 b. The home addresses, telephone numbers, dates of birth, 2573 and photographs of current or former nonsworn investigative 2574 personnel of the Department of Financial Services whose duties 2575 include the investigation of fraud, theft, workers’ compensation 2576 coverage requirements and compliance, other related criminal 2577 activities, or state regulatory requirement violations; the 2578 names, home addresses, telephone numbers, dates of birth, and 2579 places of employment of the spouses and children of such 2580 personnel; and the names and locations of schools and day care 2581 facilities attended by the children of such personnel are exempt 2582 from s. 119.07(1) and s. 24(a), Art. I of the State 2583 Constitution. 2584 c. The home addresses, telephone numbers, dates of birth, 2585 and photographs of current or former nonsworn investigative 2586 personnel of the Office of Financial Regulation’s Bureau of 2587 Financial Investigations whose duties include the investigation 2588 of fraud, theft, other related criminal activities, or state 2589 regulatory requirement violations; the names, home addresses, 2590 telephone numbers, dates of birth, and places of employment of 2591 the spouses and children of such personnel; and the names and 2592 locations of schools and day care facilities attended by the 2593 children of such personnel are exempt from s. 119.07(1) and s. 2594 24(a), Art. I of the State Constitution. 2595 d. The home addresses, telephone numbers, dates of birth, 2596 and photographs of current or former firefighters certified in 2597 compliance with s. 633.408; the names, home addresses, telephone 2598 numbers, photographs, dates of birth, and places of employment 2599 of the spouses and children of such firefighters; and the names 2600 and locations of schools and day care facilities attended by the 2601 children of such firefighters are exempt from s. 119.07(1) and 2602 s. 24(a), Art. I of the State Constitution. 2603 e. The home addresses, dates of birth, and telephone 2604 numbers of current or former justices of the Supreme Court, 2605 district court of appeal judges, circuit court judges, and 2606 county court judges,andofcurrent judicial assistants; the 2607 names, home addresses, telephone numbers, dates of birth, and 2608 places of employment of the spouses and children of current or 2609 former justices and judges andofcurrent judicial assistants; 2610 and the names and locations of schools and day care facilities 2611 attended by the children of current or former justices and 2612 judges and of current judicial assistants are exempt from s. 2613 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2614 sub-subparagraph is subject to the Open Government Sunset Review 2615 Act in accordance with s. 119.15 and shall stand repealed on 2616 October 2, 2028, unless reviewed and saved from repeal through 2617 reenactment by the Legislature. 2618 f. The home addresses, telephone numbers, dates of birth, 2619 and photographs of current or former state attorneys, assistant 2620 state attorneys, statewide prosecutors, or assistant statewide 2621 prosecutors; the names, home addresses, telephone numbers, 2622 photographs, dates of birth, and places of employment of the 2623 spouses and children of current or former state attorneys, 2624 assistant state attorneys, statewide prosecutors, or assistant 2625 statewide prosecutors; and the names and locations of schools 2626 and day care facilities attended by the children of current or 2627 former state attorneys, assistant state attorneys, statewide 2628 prosecutors, or assistant statewide prosecutors are exempt from 2629 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2630 g. The home addresses, dates of birth, and telephone 2631 numbers of general magistrates, special magistrates, judges of 2632 compensation claims, administrative law judges of the Division 2633 of Administrative Hearings, and child support enforcement 2634 hearing officers; the names, home addresses, telephone numbers, 2635 dates of birth, and places of employment of the spouses and 2636 children of general magistrates, special magistrates, judges of 2637 compensation claims, administrative law judges of the Division 2638 of Administrative Hearings, and child support enforcement 2639 hearing officers; and the names and locations of schools and day 2640 care facilities attended by the children of general magistrates, 2641 special magistrates, judges of compensation claims, 2642 administrative law judges of the Division of Administrative 2643 Hearings, and child support enforcement hearing officers are 2644 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2645 Constitution. 2646 h. The home addresses, telephone numbers, dates of birth, 2647 and photographs of current or former human resource, labor 2648 relations, or employee relations directors, assistant directors, 2649 managers, or assistant managers of any local government agency 2650 or water management district whose duties include hiring and 2651 firing employees, labor contract negotiation, administration, or 2652 other personnel-related duties; the names, home addresses, 2653 telephone numbers, dates of birth, and places of employment of 2654 the spouses and children of such personnel; and the names and 2655 locations of schools and day care facilities attended by the 2656 children of such personnel are exempt from s. 119.07(1) and s. 2657 24(a), Art. I of the State Constitution. 2658 i. The home addresses, telephone numbers, dates of birth, 2659 and photographs of current or former code enforcement officers; 2660 the names, home addresses, telephone numbers, dates of birth, 2661 and places of employment of the spouses and children of such 2662 personnel; and the names and locations of schools and day care 2663 facilities attended by the children of such personnel are exempt 2664 from s. 119.07(1) and s. 24(a), Art. I of the State 2665 Constitution. 2666 j. The home addresses, telephone numbers, places of 2667 employment, dates of birth, and photographs of current or former 2668 guardians ad litem, as defined in s. 39.01s. 39.820; the names, 2669 home addresses, telephone numbers, dates of birth, and places of 2670 employment of the spouses and children of such persons; and the 2671 names and locations of schools and day care facilities attended 2672 by the children of such persons are exempt from s. 119.07(1) and 2673 s. 24(a), Art. I of the State Constitution. 2674 k. The home addresses, telephone numbers, dates of birth, 2675 and photographs of current or former juvenile probation 2676 officers, juvenile probation supervisors, detention 2677 superintendents, assistant detention superintendents, juvenile 2678 justice detention officers I and II, juvenile justice detention 2679 officer supervisors, juvenile justice residential officers, 2680 juvenile justice residential officer supervisors I and II, 2681 juvenile justice counselors, juvenile justice counselor 2682 supervisors, human services counselor administrators, senior 2683 human services counselor administrators, rehabilitation 2684 therapists, and social services counselors of the Department of 2685 Juvenile Justice; the names, home addresses, telephone numbers, 2686 dates of birth, and places of employment of spouses and children 2687 of such personnel; and the names and locations of schools and 2688 day care facilities attended by the children of such personnel 2689 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2690 Constitution. 2691 l. The home addresses, telephone numbers, dates of birth, 2692 and photographs of current or former public defenders, assistant 2693 public defenders, criminal conflict and civil regional counsel, 2694 and assistant criminal conflict and civil regional counsel; the 2695 names, home addresses, telephone numbers, dates of birth, and 2696 places of employment of the spouses and children of current or 2697 former public defenders, assistant public defenders, criminal 2698 conflict and civil regional counsel, and assistant criminal 2699 conflict and civil regional counsel; and the names and locations 2700 of schools and day care facilities attended by the children of 2701 current or former public defenders, assistant public defenders, 2702 criminal conflict and civil regional counsel, and assistant 2703 criminal conflict and civil regional counsel are exempt from s. 2704 119.07(1) and s. 24(a), Art. I of the State Constitution. 2705 m. The home addresses, telephone numbers, dates of birth, 2706 and photographs of current or former investigators or inspectors 2707 of the Department of Business and Professional Regulation; the 2708 names, home addresses, telephone numbers, dates of birth, and 2709 places of employment of the spouses and children of such current 2710 or former investigators and inspectors; and the names and 2711 locations of schools and day care facilities attended by the 2712 children of such current or former investigators and inspectors 2713 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2714 Constitution. 2715 n. The home addresses, telephone numbers, and dates of 2716 birth of county tax collectors; the names, home addresses, 2717 telephone numbers, dates of birth, and places of employment of 2718 the spouses and children of such tax collectors; and the names 2719 and locations of schools and day care facilities attended by the 2720 children of such tax collectors are exempt from s. 119.07(1) and 2721 s. 24(a), Art. I of the State Constitution. 2722 o. The home addresses, telephone numbers, dates of birth, 2723 and photographs of current or former personnel of the Department 2724 of Health whose duties include, or result in, the determination 2725 or adjudication of eligibility for social security disability 2726 benefits, the investigation or prosecution of complaints filed 2727 against health care practitioners, or the inspection of health 2728 care practitioners or health care facilities licensed by the 2729 Department of Health; the names, home addresses, telephone 2730 numbers, dates of birth, and places of employment of the spouses 2731 and children of such personnel; and the names and locations of 2732 schools and day care facilities attended by the children of such 2733 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2734 the State Constitution. 2735 p. The home addresses, telephone numbers, dates of birth, 2736 and photographs of current or former impaired practitioner 2737 consultants who are retained by an agency or current or former 2738 employees of an impaired practitioner consultant whose duties 2739 result in a determination of a person’s skill and safety to 2740 practice a licensed profession; the names, home addresses, 2741 telephone numbers, dates of birth, and places of employment of 2742 the spouses and children of such consultants or their employees; 2743 and the names and locations of schools and day care facilities 2744 attended by the children of such consultants or employees are 2745 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2746 Constitution. 2747 q. The home addresses, telephone numbers, dates of birth, 2748 and photographs of current or former emergency medical 2749 technicians or paramedics certified under chapter 401; the 2750 names, home addresses, telephone numbers, dates of birth, and 2751 places of employment of the spouses and children of such 2752 emergency medical technicians or paramedics; and the names and 2753 locations of schools and day care facilities attended by the 2754 children of such emergency medical technicians or paramedics are 2755 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2756 Constitution. 2757 r. The home addresses, telephone numbers, dates of birth, 2758 and photographs of current or former personnel employed in an 2759 agency’s office of inspector general or internal audit 2760 department whose duties include auditing or investigating waste, 2761 fraud, abuse, theft, exploitation, or other activities that 2762 could lead to criminal prosecution or administrative discipline; 2763 the names, home addresses, telephone numbers, dates of birth, 2764 and places of employment of spouses and children of such 2765 personnel; and the names and locations of schools and day care 2766 facilities attended by the children of such personnel are exempt 2767 from s. 119.07(1) and s. 24(a), Art. I of the State 2768 Constitution. 2769 s. The home addresses, telephone numbers, dates of birth, 2770 and photographs of current or former directors, managers, 2771 supervisors, nurses, and clinical employees of an addiction 2772 treatment facility; the home addresses, telephone numbers, 2773 photographs, dates of birth, and places of employment of the 2774 spouses and children of such personnel; and the names and 2775 locations of schools and day care facilities attended by the 2776 children of such personnel are exempt from s. 119.07(1) and s. 2777 24(a), Art. I of the State Constitution. For purposes of this 2778 sub-subparagraph, the term “addiction treatment facility” means 2779 a county government, or agency thereof, that is licensed 2780 pursuant to s. 397.401 and provides substance abuse prevention, 2781 intervention, or clinical treatment, including any licensed 2782 service component described in s. 397.311(26). 2783 t. The home addresses, telephone numbers, dates of birth, 2784 and photographs of current or former directors, managers, 2785 supervisors, and clinical employees of a child advocacy center 2786 that meets the standards of s. 39.3035(2) and fulfills the 2787 screening requirement of s. 39.3035(3), and the members of a 2788 Child Protection Team as described in s. 39.303 whose duties 2789 include supporting the investigation of child abuse or sexual 2790 abuse, child abandonment, child neglect, and child exploitation 2791 or to provide services as part of a multidisciplinary case 2792 review team; the names, home addresses, telephone numbers, 2793 photographs, dates of birth, and places of employment of the 2794 spouses and children of such personnel and members; and the 2795 names and locations of schools and day care facilities attended 2796 by the children of such personnel and members are exempt from s. 2797 119.07(1) and s. 24(a), Art. I of the State Constitution. 2798 u. The home addresses, telephone numbers, places of 2799 employment, dates of birth, and photographs of current or former 2800 staff and domestic violence advocates, as defined in s. 2801 90.5036(1)(b), of domestic violence centers certified by the 2802 Department of Children and Families under chapter 39; the names, 2803 home addresses, telephone numbers, places of employment, dates 2804 of birth, and photographs of the spouses and children of such 2805 personnel; and the names and locations of schools and day care 2806 facilities attended by the children of such personnel are exempt 2807 from s. 119.07(1) and s. 24(a), Art. I of the State 2808 Constitution. 2809 v. The home addresses, telephone numbers, dates of birth, 2810 and photographs of current or former inspectors or investigators 2811 of the Department of Agriculture and Consumer Services; the 2812 names, home addresses, telephone numbers, dates of birth, and 2813 places of employment of the spouses and children of current or 2814 former inspectors or investigators; and the names and locations 2815 of schools and day care facilities attended by the children of 2816 current or former inspectors or investigators are exempt from s. 2817 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2818 sub-subparagraph is subject to the Open Government Sunset Review 2819 Act in accordance with s. 119.15 and shall stand repealed on 2820 October 2, 2028, unless reviewed and saved from repeal through 2821 reenactment by the Legislature. 2822 3. An agency that is the custodian of the information 2823 specified in subparagraph 2. and that is not the employer of the 2824 officer, employee, justice, judge, or other person specified in 2825 subparagraph 2. must maintain the exempt status of that 2826 information only if the officer, employee, justice, judge, other 2827 person, or employing agency of the designated employee submits a 2828 written and notarized request for maintenance of the exemption 2829 to the custodial agency. The request must state under oath the 2830 statutory basis for the individual’s exemption request and 2831 confirm the individual’s status as a party eligible for exempt 2832 status. 2833 4.a. A county property appraiser, as defined in s. 2834 192.001(3), or a county tax collector, as defined in s. 2835 192.001(4), who receives a written and notarized request for 2836 maintenance of the exemption pursuant to subparagraph 3. must 2837 comply by removing the name of the individual with exempt status 2838 and the instrument number or Official Records book and page 2839 number identifying the property with the exempt status from all 2840 publicly available records maintained by the property appraiser 2841 or tax collector. For written requests received on or before 2842 July 1, 2021, a county property appraiser or county tax 2843 collector must comply with this sub-subparagraph by October 1, 2844 2021. A county property appraiser or county tax collector may 2845 not remove the street address, legal description, or other 2846 information identifying real property within the agency’s 2847 records so long as a name or personal information otherwise 2848 exempt from inspection and copying pursuant to this section is 2849 not associated with the property or otherwise displayed in the 2850 public records of the agency. 2851 b. Any information restricted from public display, 2852 inspection, or copying under sub-subparagraph a. must be 2853 provided to the individual whose information was removed. 2854 5. An officer, an employee, a justice, a judge, or other 2855 person specified in subparagraph 2. may submit a written request 2856 for the release of his or her exempt information to the 2857 custodial agency. The written request must be notarized and must 2858 specify the information to be released and the party authorized 2859 to receive the information. Upon receipt of the written request, 2860 the custodial agency must release the specified information to 2861 the party authorized to receive such information. 2862 6. The exemptions in this paragraph apply to information 2863 held by an agency before, on, or after the effective date of the 2864 exemption. 2865 7. Information made exempt under this paragraph may be 2866 disclosed pursuant to s. 28.2221 to a title insurer authorized 2867 pursuant to s. 624.401 and its affiliates as defined in s. 2868 624.10; a title insurance agent or title insurance agency as 2869 defined in s. 626.841(1) or (2), respectively; or an attorney 2870 duly admitted to practice law in this state and in good standing 2871 with The Florida Bar. 2872 8. The exempt status of a home address contained in the 2873 Official Records is maintained only during the period when a 2874 protected party resides at the dwelling location. Upon 2875 conveyance of real property after October 1, 2021, and when such 2876 real property no longer constitutes a protected party’s home 2877 address as defined in sub-subparagraph 1.a., the protected party 2878 must submit a written request to release the removed information 2879 to the county recorder. The written request to release the 2880 removed information must be notarized, must confirm that a 2881 protected party’s request for release is pursuant to a 2882 conveyance of his or her dwelling location, and must specify the 2883 Official Records book and page, instrument number, or clerk’s 2884 file number for each document containing the information to be 2885 released. 2886 9. Upon the death of a protected party as verified by a 2887 certified copy of a death certificate or court order, any party 2888 can request the county recorder to release a protected 2889 decedent’s removed information unless there is a related request 2890 on file with the county recorder for continued removal of the 2891 decedent’s information or unless such removal is otherwise 2892 prohibited by statute or by court order. The written request to 2893 release the removed information upon the death of a protected 2894 party must attach the certified copy of a death certificate or 2895 court order and must be notarized, must confirm the request for 2896 release is due to the death of a protected party, and must 2897 specify the Official Records book and page number, instrument 2898 number, or clerk’s file number for each document containing the 2899 information to be released. A fee may not be charged for the 2900 release of any document pursuant to such request. 2901 10. Except as otherwise expressly provided in this 2902 paragraph, this paragraph is subject to the Open Government 2903 Sunset Review Act in accordance with s. 119.15 and shall stand 2904 repealed on October 2, 2024, unless reviewed and saved from 2905 repeal through reenactment by the Legislature. 2906 Section 54. Subsection (4) of section 322.09, Florida 2907 Statutes, is amended to read: 2908 322.09 Application of minors; responsibility for negligence 2909 or misconduct of minor.— 2910 (4) Notwithstanding subsections (1) and (2), if a caregiver 2911 of a minor who is under the age of 18 years and is in out-of 2912 home care as defined in s. 39.01s. 39.01(55), an authorized 2913 representative of a residential group home at which such a minor 2914 resides, the caseworker at the agency at which the state has 2915 placed the minor, or a guardian ad litem specifically authorized 2916 by the minor’s caregiver to sign for a learner’s driver license 2917 signs the minor’s application for a learner’s driver license, 2918 that caregiver, group home representative, caseworker, or 2919 guardian ad litem does not assume any obligation or become 2920 liable for any damages caused by the negligence or willful 2921 misconduct of the minor by reason of having signed the 2922 application. Before signing the application, the caseworker, 2923 authorized group home representative, or guardian ad litem shall 2924 notify the caregiver or other responsible party of his or her 2925 intent to sign and verify the application. 2926 Section 55. Paragraph (p) of subsection (4) of section 2927 394.495, Florida Statutes, is amended to read: 2928 394.495 Child and adolescent mental health system of care; 2929 programs and services.— 2930 (4) The array of services may include, but is not limited 2931 to: 2932 (p) Trauma-informed services for children who have suffered 2933 sexual exploitation as defined in s. 39.01(80)(g)s.293439.01(77)(g). 2935 Section 56. Section 627.746, Florida Statutes, is amended 2936 to read: 2937 627.746 Coverage for minors who have a learner’s driver 2938 license; additional premium prohibited.—An insurer that issues 2939 an insurance policy on a private passenger motor vehicle to a 2940 named insured who is a caregiver of a minor who is under the age 2941 of 18 years and is in out-of-home care as defined in s. 39.01s.294239.01(55)may not charge an additional premium for coverage of 2943 the minor while the minor is operating the insured vehicle, for 2944 the period of time that the minor has a learner’s driver 2945 license, until such time as the minor obtains a driver license. 2946 Section 57. Paragraph (c) of subsection (1) of section 2947 934.255, Florida Statutes, is amended to read: 2948 934.255 Subpoenas in investigations of sexual offenses.— 2949 (1) As used in this section, the term: 2950 (c) “Sexual abuse of a child” means a criminal offense 2951 based on any conduct described in s. 39.01(80)s. 39.01(77). 2952 Section 58. Subsection (5) of section 960.065, Florida 2953 Statutes, is amended to read: 2954 960.065 Eligibility for awards.— 2955 (5) A person is not ineligible for an award pursuant to 2956 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 2957 person is a victim of sexual exploitation of a child as defined 2958 in s. 39.01(80)(g)s. 39.01(77)(g). 2959 Section 59. The Division of Law Revision is requested to 2960 prepare a reviser’s bill for the 2025 Regular Session of the 2961 Legislature to substitute the term “Statewide Guardian ad Litem 2962 Office” for the term “Guardian ad Litem Program” or “Statewide 2963 Guardian ad Litem Program” throughout the Florida Statutes. 2964 Section 60. This act shall take effect July 1, 2024.