Bill Text: FL S1224 | 2024 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for CS for SB 1224 First Engrossed 20241224e1 1 A bill to be entitled 2 An act relating to the protection of children and 3 victims of crime; amending s. 39.001, F.S.; revising 4 the purposes of ch. 39, F.S.; requiring the Statewide 5 Guardian ad Litem Office and circuit guardian ad litem 6 offices to participate in the development of a certain 7 state plan; conforming a provision to changes made by 8 the act; amending s. 39.00145, F.S.; authorizing a 9 child’s attorney ad litem to inspect certain records; 10 amending s. 39.00146, F.S.; conforming provisions to 11 changes made by the act; amending s. 39.0016, F.S.; 12 requiring a child’s guardian ad litem be included in 13 the coordination of certain educational services; 14 amending s. 39.01, F.S.; providing and revising 15 definitions; amending s. 39.013, F.S.; requiring the 16 court to appoint a guardian ad litem for a child at 17 the 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; amending s. 741.29, F.S.; 117 requiring law enforcement officers who investigate an 118 alleged incident of domestic violence to administer a 119 lethality assessment under certain circumstances; 120 requiring the Department of Law Enforcement to consult 121 with specified entities, and authorizing the 122 department to consult with other specified entities, 123 to develop certain policies, procedures, and training 124 necessary for the implementation of a statewide 125 evidence-based lethality assessment; requiring such 126 policies, procedures, and training to establish how to 127 determine whether a victim and aggressor are intimate 128 partners and establish a statewide process for 129 referring a victim to a certified domestic violence 130 center; requiring the department to adopt a statewide 131 lethality assessment form by a specified date; 132 requiring that training on administering lethality 133 assessments be available to law enforcement officers 134 in an online format; requiring the department to 135 submit a specified report to the Legislature upon 136 certain circumstances; requiring the Criminal Justice 137 Standards and Training Commission to require by rule 138 that law enforcement officers receive instruction on 139 the policies and procedures for administering a 140 lethality assessment as part of basic recruit training 141 or required instruction for continued employment; 142 prohibiting a law enforcement officer from 143 administering a lethality assessment if he or she has 144 not received specified training; requiring that basic 145 recruit training programs and continuing training or 146 education requirements incorporate such training, and 147 that all law enforcement officers successfully 148 complete such training, by a specified date; requiring 149 law enforcement agencies to place officers’ 150 certification on inactive status if they fail to 151 timely complete the required training; providing that 152 such officers’ certification remains inactive until 153 they complete the training and their employing agency 154 notifies the commission of such completion; requiring 155 law enforcement officers administering a lethality 156 assessment to ask a victim specified questions; 157 requiring law enforcement officers to advise the 158 victim of the results of the lethality assessment and 159 refer the victim to certain domestic violence centers 160 if certain conditions are met; requiring law 161 enforcement officers to document in the written police 162 report a victim’s refusal or inability to provide 163 information necessary for the lethality assessment; 164 prohibiting law enforcement officers from disclosing 165 in certain statements and reports the domestic 166 violence center to which the victim was referred; 167 requiring that written police reports for domestic 168 violence incidents include the results of the 169 lethality assessment, if one was administered; making 170 technical changes; reenacting s. 39.906, F.S., 171 relating to referral to domestic violence centers and 172 notice of rights, to incorporate the amendment made to 173 s. 741.29, F.S., in a reference thereto; providing a 174 directive to the Division of Law Revision; providing 175 an effective date. 176 177 Be It Enacted by the Legislature of the State of Florida: 178 179 Section 1. Paragraph (j) of subsection (1), paragraph (j) 180 of subsection (3), and paragraph (a) of subsection (10) of 181 section 39.001, Florida Statutes, are amended to read: 182 39.001 Purposes and intent; personnel standards and 183 screening.— 184 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 185 (j) To ensure that, when reunification or adoption is not 186 possible, the child will be prepared for alternative permanency 187 goals or placements, to include, but not be limited to, long 188 term foster care, independent living, custody to a relative on a 189 permanent basis with or without legal guardianship, or custody 190 to a foster parent or legal custodian on a permanent basis with 191 or without legal guardianship. Permanency for a child who is 192 transitioning from foster care to independent living includes 193 naturally occurring, lifelong, kin-like connections between the 194 child and a supportive adult. 195 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 196 the Legislature that the children of this state be provided with 197 the following protections: 198 (j) The ability to contact their guardian ad litem or 199 attorney ad litem, if one is appointed, by having that 200 individual’s name entered on all orders of the court. 201 (10) PLAN FOR COMPREHENSIVE APPROACH.— 202 (a) The office shall develop a state plan for the promotion 203 of adoption, support of adoptive families, and prevention of 204 abuse, abandonment, and neglect of children. The Department of 205 Children and Families, the Department of Corrections, the 206 Department of Education, the Department of Health, the 207 Department of Juvenile Justice, the Department of Law 208 Enforcement, the Statewide Guardian ad Litem Office, and the 209 Agency for Persons with Disabilities shall participate and fully 210 cooperate in the development of the state plan at both the state 211 and local levels. Furthermore, appropriate local agencies and 212 organizations shall be provided an opportunity to participate in 213 the development of the state plan at the local level. 214 Appropriate local groups and organizations shall include, but 215 not be limited to, community mental health centers; circuit 216 guardian ad litem officesprograms for children under the217circuit court; the school boards of the local school districts; 218 the Florida local advocacy councils; community-based care lead 219 agencies; private or public organizations or programs with 220 recognized expertise in working with child abuse prevention 221 programs for children and families; private or public 222 organizations or programs with recognized expertise in working 223 with children who are sexually abused, physically abused, 224 emotionally abused, abandoned, or neglected and with expertise 225 in working with the families of such children; private or public 226 programs or organizations with expertise in maternal and infant 227 health care; multidisciplinary Child Protection Teams; child day 228 care centers; law enforcement agencies; and the circuit courts,229when guardian ad litem programs are not available in the local230area. The state plan to be provided to the Legislature and the 231 Governor shall include, as a minimum, the information required 232 of the various groups in paragraph (b). 233 Section 2. Subsection (2) of section 39.00145, Florida 234 Statutes, is amended to read: 235 39.00145 Records concerning children.— 236 (2) Notwithstanding any other provision of this chapter, 237 all records in a child’s case record must be made available for 238 inspection, upon request, to the child who is the subject of the 239 case record and to the child’s caregiver, guardian ad litem, or 240 attorney ad litem, if one is appointed. 241 (a) A complete and accurate copy of any record in a child’s 242 case record must be provided, upon request and at no cost, to 243 the child who is the subject of the case record and to the 244 child’s caregiver, guardian ad litem, or attorney ad litem, if 245 one is appointed. 246 (b) The department shall release the information in a 247 manner and setting that are appropriate to the age and maturity 248 of the child and the nature of the information being released, 249 which may include the release of information in a therapeutic 250 setting, if appropriate. This paragraph does not deny the child 251 access to his or her records. 252 (c) If a child or the child’s caregiver, guardian ad litem, 253 or attorney ad litem, if one is appointed, requests access to 254 the child’s case record, any person or entity that fails to 255 provide any record in the case record under assertion of a claim 256 of exemption from the public records requirements of chapter 257 119, or fails to provide access within a reasonable time, is 258 subject to sanctions and penalties under s. 119.10. 259 (d) For the purposes of this subsection, the term 260 “caregiver” is limited to parents, legal custodians, permanent 261 guardians, or foster parents; employees of a residential home, 262 institution, facility, or agency at which the child resides; and 263 other individuals legally responsible for a child’s welfare in a 264 residential setting. 265 Section 3. Paragraph (a) of subsection (2) of section 266 39.00146, Florida Statutes, is amended to read: 267 39.00146 Case record face sheet.— 268 (2) The case record of every child under the supervision or 269 in the custody of the department or the department’s authorized 270 agents, including community-based care lead agencies and their 271 subcontracted providers, must include a face sheet containing 272 relevant information about the child and his or her case, 273 including at least all of the following: 274 (a) General case information, including, but not limited 275 to, all of the following: 276 1. The child’s name and date of birth.;277 2. The current county of residence and the county of 278 residence at the time of the referral.;279 3. The reason for the referral and any family safety 280 concerns.;281 4. The personal identifying information of the parents or 282 legal custodians who had custody of the child at the time of the 283 referral, including name, date of birth, and county of 284 residence.;285 5. The date of removal from the home.; and286 6. The name and contact information of the attorney or 287 attorneys assigned to the case in all capacities, including the 288 attorney or attorneys that represent the department and the 289 parents, and the guardian ad litem, if one has been appointed. 290 Section 4. Paragraph (b) of subsection (2) and paragraph 291 (b) of subsection (3) of section 39.0016, Florida Statutes, are 292 amended to read: 293 39.0016 Education of abused, neglected, and abandoned 294 children; agency agreements; children having or suspected of 295 having a disability.— 296 (2) AGENCY AGREEMENTS.— 297 (b) The department shall enter into agreements with 298 district school boards or other local educational entities 299 regarding education and related services for children known to 300 the department who are of school age and children known to the 301 department who are younger than school age but who would 302 otherwise qualify for services from the district school board. 303 Such agreements mustshallinclude, but are not limited to: 304 1. A requirement that the department shall: 305 a. Ensure that children known to the department are 306 enrolled in school or in the best educational setting that meets 307 the needs of the child. The agreement mustshallprovide for 308 continuing the enrollment of a child known to the department at 309 the school of origin when possible if it is in the best interest 310 of the child, with the goal of minimal disruption of education. 311 b. Notify the school and school district in which a child 312 known to the department is enrolled of the name and phone number 313 of the child known to the department caregiver and caseworker 314 for child safety purposes. 315 c. Establish a protocol for the department to share 316 information about a child known to the department with the 317 school district, consistent with the Family Educational Rights 318 and Privacy Act, since the sharing of information will assist 319 each agency in obtaining education and related services for the 320 benefit of the child. The protocol must require the district 321 school boards or other local educational entities to access the 322 department’s Florida Safe Families Network to obtain information 323 about children known to the department, consistent with the 324 Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 325 1232g. 326 d. Notify the school district of the department’s case 327 planning for a child known to the department, both at the time 328 of plan development and plan review. Within the plan development 329 or review process, the school district may provide information 330 regarding the child known to the department if the school 331 district deems it desirable and appropriate. 332 e. Show no prejudice against a caregiver who desires to 333 educate at home a child placed in his or her home through the 334 child welfare system. 335 2. A requirement that the district school board shall: 336 a. Provide the department with a general listing of the 337 services and information available from the district school 338 board to facilitate educational access for a child known to the 339 department. 340 b. Identify all educational and other services provided by 341 the school and school district which the school district 342 believes are reasonably necessary to meet the educational needs 343 of a child known to the department. 344 c. Determine whether transportation is available for a 345 child known to the department when such transportation will 346 avoid a change in school assignment due to a change in 347 residential placement. Recognizing that continued enrollment in 348 the same school throughout the time the child known to the 349 department is in out-of-home care is preferable unless 350 enrollment in the same school would be unsafe or otherwise 351 impractical, the department, the district school board, and the 352 Department of Education shall assess the availability of 353 federal, charitable, or grant funding for such transportation. 354 d. Provide individualized student intervention or an 355 individual educational plan when a determination has been made 356 through legally appropriate criteria that intervention services 357 are required. The intervention or individual educational plan 358 must include strategies to enable the child known to the 359 department to maximize the attainment of educational goals. 360 3. A requirement that the department and the district 361 school board shall cooperate in accessing the services and 362 supports needed for a child known to the department who has or 363 is suspected of having a disability to receive an appropriate 364 education consistent with the Individuals with Disabilities 365 Education Act and state implementing laws, rules, and 366 assurances. Coordination of services for a child known to the 367 department who has or is suspected of having a disability may 368 include: 369 a. Referral for screening. 370 b. Sharing of evaluations between the school district and 371 the department where appropriate. 372 c. Provision of education and related services appropriate 373 for the needs and abilities of the child known to the 374 department. 375 d. Coordination of services and plans between the school 376 and the residential setting to avoid duplication or conflicting 377 service plans. 378 e. Appointment of a surrogate parent, consistent with the 379 Individuals with Disabilities Education Act and pursuant to 380 subsection (3), for educational purposes for a child known to 381 the department who qualifies. 382 f. For each child known to the department 14 years of age 383 and older, transition planning by the department and all 384 providers, including the department’s independent living program 385 staff and the guardian ad litem of the child, to meet the 386 requirements of the local school district for educational 387 purposes. 388 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— 389 (b)1. Each district school superintendent or dependency 390 court must appoint a surrogate parent for a child known to the 391 department who has or is suspected of having a disability, as 392 defined in s. 1003.01(9), when: 393 a. After reasonable efforts, no parent can be located; or 394 b. A court of competent jurisdiction over a child under 395 this chapter has determined that no person has the authority 396 under the Individuals with Disabilities Education Act, including 397 the parent or parents subject to the dependency action, or that 398 no person has the authority, willingness, or ability to serve as 399 the educational decisionmaker for the child without judicial 400 action. 401 2. A surrogate parent appointed by the district school 402 superintendent or the court must be at least 18 years old and 403 have no personal or professional interest that conflicts with 404 the interests of the student to be represented. Neither the 405 district school superintendent nor the court may appoint an 406 employee of the Department of Education, the local school 407 district, a community-based care provider, the Department of 408 Children and Families, or any other public or private agency 409 involved in the education or care of the child as appointment of 410 those persons is prohibited by federal law. This prohibition 411 includes group home staff and therapeutic foster parents. 412 However, a person who acts in a parental role to a child, such 413 as a foster parent or relative caregiver, is not prohibited from 414 serving as a surrogate parent if he or she is employed by such 415 agency, willing to serve, and knowledgeable about the child and 416 the exceptional student education process. The surrogate parent 417 may be a court-appointed guardian ad litem or a relative or 418 nonrelative adult who is involved in the child’s life regardless 419 of whether that person has physical custody of the child. Each 420 person appointed as a surrogate parent must have the knowledge 421 and skills acquired by successfully completing training using 422 materials developed and approved by the Department of Education 423 to ensure adequate representation of the child. 424 3.If a guardian ad litem has been appointed for a child,425 The district school superintendent must first consider the 426 child’s guardian ad litem when appointing a surrogate parent. 427 The district school superintendent must accept the appointment 428 of the court if he or she has not previously appointed a 429 surrogate parent. Similarly, the court must accept a surrogate 430 parent duly appointed by a district school superintendent. 431 4. A surrogate parent appointed by the district school 432 superintendent or the court must be accepted by any subsequent 433 school or school district without regard to where the child is 434 receiving residential care so that a single surrogate parent can 435 follow the education of the child during his or her entire time 436 in state custody. Nothing in this paragraph or in rule shall 437 limit or prohibit the continuance of a surrogate parent 438 appointment when the responsibility for the student’s 439 educational placement moves among and between public and private 440 agencies. 441 5. For a child known to the department, the responsibility 442 to appoint a surrogate parent resides with both the district 443 school superintendent and the court with jurisdiction over the 444 child. If the court elects to appoint a surrogate parent, notice 445 shall be provided as soon as practicable to the child’s school. 446 At any time the court determines that it is in the best 447 interests of a child to remove a surrogate parent, the court may 448 appoint a new surrogate parent for educational decisionmaking 449 purposes for that child. 450 6. The surrogate parent shall continue in the appointed 451 role until one of the following occurs: 452 a. The child is determined to no longer be eligible or in 453 need of special programs, except when termination of special 454 programs is being contested. 455 b. The child achieves permanency through adoption or legal 456 guardianship and is no longer in the custody of the department. 457 c. The parent who was previously unknown becomes known, 458 whose whereabouts were unknown is located, or who was 459 unavailable is determined by the court to be available. 460 d. The appointed surrogate no longer wishes to represent 461 the child or is unable to represent the child. 462 e. The superintendent of the school district in which the 463 child is attending school, the Department of Education contract 464 designee, or the court that appointed the surrogate determines 465 that the appointed surrogate parent no longer adequately 466 represents the child. 467 f. The child moves to a geographic location that is not 468 reasonably accessible to the appointed surrogate. 469 7. The appointment and termination of appointment of a 470 surrogate under this paragraph shall be entered as an order of 471 the court with a copy of the order provided to the child’s 472 school as soon as practicable. 473 8. The person appointed as a surrogate parent under this 474 paragraph must: 475 a. Be acquainted with the child and become knowledgeable 476 about his or her disability and educational needs. 477 b. Represent the child in all matters relating to 478 identification, evaluation, and educational placement and the 479 provision of a free and appropriate education to the child. 480 c. Represent the interests and safeguard the rights of the 481 child in educational decisions that affect the child. 482 9. The responsibilities of the person appointed as a 483 surrogate parent shall not extend to the care, maintenance, 484 custody, residential placement, or any other area not 485 specifically related to the education of the child, unless the 486 same person is appointed by the court for such other purposes. 487 10. A person appointed as a surrogate parent shall enjoy 488 all of the procedural safeguards afforded a parent with respect 489 to the identification, evaluation, and educational placement of 490 a student with a disability or a student who is suspected of 491 having a disability. 492 11. A person appointed as a surrogate parent shall not be 493 held liable for actions taken in good faith on behalf of the 494 student in protecting the special education rights of the child. 495 Section 5. Present subsections (8) through (30) and (31) 496 through (87) of section 39.01, Florida Statutes, are 497 redesignated as subsections (9) through (31) and (34) through 498 (90), respectively, present subsections (9), (36), and (58) are 499 amended, and new subsections (8), (32), and (33) are added to 500 that section, to read: 501 39.01 Definitions.—When used in this chapter, unless the 502 context otherwise requires: 503 (8) “Attorney ad litem” means an attorney appointed by the 504 court to represent a child in a dependency case who has an 505 attorney-client relationship with the child under the rules 506 regulating The Florida Bar. 507 (10)(9)“Caregiver” means the parent, legal custodian, 508 permanent guardian, adult household member, or other person 509 responsible for a child’s welfare as defined in subsection (57) 510(54). 511 (32) “Guardian ad litem” means a person or an entity that 512 is a fiduciary appointed by the court to represent a child in 513 any civil, criminal, or administrative proceeding to which the 514 child is a party, including, but not limited to, under this 515 chapter, which uses a best interest standard for decisionmaking 516 and advocacy. For purposes of this chapter, the term includes, 517 but is not limited to, the Statewide Guardian ad Litem Office, 518 which includes all circuit guardian ad litem offices and the 519 duly certified volunteers, staff, and attorneys assigned by the 520 Statewide Guardian ad Litem Office to represent children; a 521 court-appointed attorney; or a responsible adult who is 522 appointed by the court. A guardian ad litem is a party to the 523 judicial proceeding as a representative of the child and serves 524 until the jurisdiction of the court over the child terminates or 525 until excused by the court. 526 (33) “Guardian advocate” means a person appointed by the 527 court to act on behalf of a drug-dependent newborn under part XI 528 of this chapter. 529 (39)(36)“Institutional child abuse or neglect” means 530 situations of known or suspected child abuse or neglect in which 531 the person allegedly perpetrating the child abuse or neglect is 532 an employee of a public or private school, public or private day 533 care center, residential home, institution, facility, or agency 534 or any other person at such institution responsible for the 535 child’s welfare as defined in subsection (57)(54). 536 (61)(58)“Party” means the parent or parents of the child, 537 the petitioner, the department, the guardian ad litemor the538representative of the guardian ad litem program when the program539has been appointed, and the child. The presence of the child may 540 be excused by order of the court when presence would not be in 541 the child’s best interest. Notice to the child may be excused by 542 order of the court when the age, capacity, or other condition of 543 the child is such that the notice would be meaningless or 544 detrimental to the child. 545 Section 6. Subsection (11) of section 39.013, Florida 546 Statutes, is amended to read: 547 39.013 Procedures and jurisdiction; right to counsel; 548 guardian ad litem.— 549 (11) The court shall appoint a guardian ad litem at the 550 earliest possible time to represent a child throughout the 551 proceedings, including any appeals. The guardian ad litem may 552 represent the child in proceedings outside of the dependency 553 case to secure the services and benefits that provide for the 554 care, safety, and protection of the childencourage the555Statewide Guardian Ad Litem Office to provide greater556representation to those children who are within 1 year of557transferring out of foster care. 558 Section 7. Paragraph (b) of subsection (1) of section 559 39.01305, Florida Statutes, is amended to read: 560 39.01305 Appointment of an attorney for a dependent child 561 with certain special needs.— 562 (1) 563 (b) The Legislature recognizes the existence of 564 organizations that provide attorney representation to children 565 in certain jurisdictions throughout the state. Further, the 566 Statewide Guardian ad Litem OfficeProgramprovides best 567 interest representation for dependent children in every 568 jurisdiction in accordance with state and federal law. The 569 Legislature, therefore, does not intend that funding provided 570 for representation under this section supplant proven and 571 existing organizations representing children. Instead, the 572 Legislature intends that funding provided for representation 573 under this section be an additional resource for the 574 representation of more children in these jurisdictions, to the 575 extent necessary to meet the requirements of this chapter, with 576 the cooperation of existing local organizations or through the 577 expansion of those organizations. The Legislature encourages the 578 expansion of pro bono representation for children. This section 579 is not intended to limit the ability of a pro bono attorney to 580 appear on behalf of a child. 581 Section 8. Subsection (3) of section 39.0132, Florida 582 Statutes, is amended to read: 583 39.0132 Oaths, records, and confidential information.— 584 (3) The clerk shall keep all court records required by this 585 chapter separate from other records of the circuit court. All 586 court records required by this chapter mayshallnot be open to 587 inspection by the public. All records mayshallbe inspected 588 only upon order of the court by persons deemed by the court to 589 have a proper interest therein, except that, subject tothe590provisions ofs. 63.162, a child,andthe parents of the child 591 and their attorneys, the guardian ad litem, criminal conflict 592 and civil regional counsels, law enforcement agencies,andthe 593 department and its designees, and the attorney ad litem, if one 594 is appointed,shallalways have the right to inspect and copy 595 any official record pertaining to the child. The Justice 596 Administrative Commission may inspect court dockets required by 597 this chapter as necessary to audit compensation of court 598 appointed attorneys. If the docket is insufficient for purposes 599 of the audit, the commission may petition the court for 600 additional documentation as necessary and appropriate. The court 601 may permit authorized representatives of recognized 602 organizations compiling statistics for proper purposes to 603 inspect and make abstracts from official records, under whatever 604 conditions upon their use and disposition the court may deem 605 proper, and may punish by contempt proceedings any violation of 606 those conditions. 607 Section 9. Paragraph (a) of subsection (3) of section 608 39.0136, Florida Statutes, is amended to read: 609 39.0136 Time limitations; continuances.— 610 (3) The time limitations in this chapter do not include: 611 (a) Periods of delay resulting from a continuance granted 612 at the request of the child’s counsel,or the child’sguardian 613 ad litem, or attorney ad litem, if one is appointed, if the614child is of sufficient capacity to express reasonable consent,615at the request or with the consent of the child. The court must 616 consider the best interests of the child when determining 617 periods of delay under this section. 618 Section 10. Subsection (7) of section 39.01375, Florida 619 Statutes, is amended to read: 620 39.01375 Best interest determination for placement.—The 621 department, community-based care lead agency, or court shall 622 consider all of the following factors when determining whether a 623 proposed placement under this chapter is in the child’s best 624 interest: 625 (7) The recommendation of the child’s guardian ad litem, if626one has been appointed. 627 Section 11. Paragraphs (a) and (b) of subsection (4) of 628 section 39.0139, Florida Statutes, are amended to read: 629 39.0139 Visitation or other contact; restrictions.— 630 (4) HEARINGS.—A person who meets any of the criteria set 631 forth in paragraph (3)(a) who seeks to begin or resume contact 632 with the child victim shall have the right to an evidentiary 633 hearing to determine whether contact is appropriate. 634 (a) BeforePrior tothe hearing, the court shall appointan635attorney ad litem ora guardian ad litem for the child if one 636 has not already been appointed. The guardian ad litem andAny637 attorney ad litem, if one isor guardian ad litemappointed, 638 mustshallhave special training in the dynamics of child sexual 639 abuse. 640 (b) At the hearing, the court may receive and rely upon any 641 relevant and material evidence submitted to the extent of its 642 probative value, including written and oral reports or 643 recommendations from the Child Protection Team, the child’s 644 therapist, the child’s guardian ad litem, or the child’s 645 attorney ad litem, if one is appointed, even if these reports, 646 recommendations, and evidence may not be admissible under the 647 rules of evidence. 648 Section 12. Paragraphs (d) and (t) of subsection (2) of 649 section 39.202, Florida Statutes, are amended to read: 650 39.202 Confidentiality of reports and records in cases of 651 child abuse or neglect; exception.— 652 (2) Except as provided in subsection (4), access to such 653 records, excluding the name of, or other identifying information 654 with respect to, the reporter which may onlyshallbe released 655onlyas provided in subsection (5), may onlyshallbe granted 656onlyto the following persons, officials, and agencies: 657 (d) The parent or legal custodian of any child who is 658 alleged to have been abused, abandoned, or neglected; the child; 659 the child’s guardian ad litem; the child’s attorney ad litem, if 660 one is appointed; or, and the child, and their attorneys,661includingany attorney representing a child in civil or criminal 662 proceedings. This access mustshallbe made available no later 663 than 60 days after the department receives the initial report of 664 abuse, neglect, or abandonment. However, any information 665 otherwise made confidential or exempt by law mayshallnot be 666 released pursuant to this paragraph. 667 (t) Persons with whom the department is seeking to place 668 the child or to whom placement has been granted, including 669 foster parents for whom an approved home study has been 670 conducted, the designee of a licensed child-caring agency as 671 defined in s. 39.01s. 39.01(41), an approved relative or 672 nonrelative with whom a child is placed pursuant to s. 39.402, 673 preadoptive parents for whom a favorable preliminary adoptive 674 home study has been conducted, adoptive parents, or an adoption 675 entity acting on behalf of preadoptive or adoptive parents. 676 Section 13. Paragraph (c) of subsection (8), paragraphs (b) 677 and (c) of subsection (11), and paragraph (a) of subsection (14) 678 of section 39.402, Florida Statutes, are amended to read: 679 39.402 Placement in a shelter.— 680 (8) 681 (c) At the shelter hearing, the court shall: 682 1. Appoint a guardian ad litem to represent the best 683 interest of the child, unless the court finds that such684representation is unnecessary; 685 2. Inform the parents or legal custodians of their right to 686 counsel to represent them at the shelter hearing and at each 687 subsequent hearing or proceeding, and the right of the parents 688 to appointed counsel, pursuant to the procedures set forth in s. 689 39.013; 690 3. Give the parents or legal custodians an opportunity to 691 be heard and to present evidence; and 692 4. Inquire of those present at the shelter hearing as to 693 the identity and location of the legal father. In determining 694 who the legal father of the child may be, the court shall 695 inquire under oath of those present at the shelter hearing 696 whether they have any of the following information: 697 a. Whether the mother of the child was married at the 698 probable time of conception of the child or at the time of birth 699 of the child. 700 b. Whether the mother was cohabiting with a male at the 701 probable time of conception of the child. 702 c. Whether the mother has received payments or promises of 703 support with respect to the child or because of her pregnancy 704 from a man who claims to be the father. 705 d. Whether the mother has named any man as the father on 706 the birth certificate of the child or in connection with 707 applying for or receiving public assistance. 708 e. Whether any man has acknowledged or claimed paternity of 709 the child in a jurisdiction in which the mother resided at the 710 time of or since conception of the child or in which the child 711 has resided or resides. 712 f. Whether a man is named on the birth certificate of the 713 child pursuant to s. 382.013(2). 714 g. Whether a man has been determined by a court order to be 715 the father of the child. 716 h. Whether a man has been determined to be the father of 717 the child by the Department of Revenue as provided in s. 718 409.256. 719 (11) 720 (b) The court shall request that the parents consent to 721 provide access to the child’s medical records and provide 722 information to the court, the department or its contract 723 agencies, and theanyguardian ad litem or attorney ad litem, if 724 one is appointed, for the child. If a parent is unavailable or 725 unable to consent or withholds consent and the court determines 726 access to the records and information is necessary to provide 727 services to the child, the court shall issue an order granting 728 access. The court may also order the parents to provide all 729 known medical information to the department and to any others 730 granted access under this subsection. 731 (c) The court shall request that the parents consent to 732 provide access to the child’s child care records, early 733 education program records, or other educational records and 734 provide information to the court, the department or its contract 735 agencies, and theanyguardian ad litem or attorney ad litem, if 736 one is appointed, for the child. If a parent is unavailable or 737 unable to consent or withholds consent and the court determines 738 access to the records and information is necessary to provide 739 services to the child, the court shall issue an order granting 740 access. 741 (14) The time limitations in this section do not include: 742 (a) Periods of delay resulting from a continuance granted 743 at the request or with the consent of the child’scounsel or the744child’sguardian ad litem or attorney ad litem, if one ishas745beenappointed by the court, or, if the child is of sufficient746capacity to express reasonable consent, at the request or with747the consent of the child’s attorney or the child’s guardian ad748litem, if one has been appointed by the court, and the child. 749 Section 14. Paragraphs (a) and (b) of subsection (4) of 750 section 39.4022, Florida Statutes, are amended to read: 751 39.4022 Multidisciplinary teams; staffings; assessments; 752 report.— 753 (4) PARTICIPANTS.— 754 (a) Collaboration among diverse individuals who are part of 755 the child’s network is necessary to make the most informed 756 decisions possible for the child. A diverse team is preferable 757 to ensure that the necessary combination of technical skills, 758 cultural knowledge, community resources, and personal 759 relationships is developed and maintained for the child and 760 family. The participants necessary to achieve an appropriately 761 diverse team for a child may vary by child and may include 762 extended family, friends, neighbors, coaches, clergy, coworkers, 763 or others the family identifies as potential sources of support. 764 1. Each multidisciplinary team staffing must invite the 765 following members: 766 a. The child, unless he or she is not of an age or capacity 767 to participate in the team, and the child’s guardian ad litem; 768 b. The child’s family members and other individuals 769 identified by the family as being important to the child, 770 provided that a parent who has a no contact order or injunction, 771 is alleged to have sexually abused the child, or is subject to a 772 termination of parental rights may not participate; 773 c. The current caregiver, provided the caregiver is not a 774 parent who meets the criteria of one of the exceptions under 775 sub-subparagraph b.; 776 d. A representative from the department other than the 777 Children’s Legal Services attorney, when the department is 778 directly involved in the goal identified by the staffing; 779 e. A representative from the community-based care lead 780 agency, when the lead agency is directly involved in the goal 781 identified by the staffing; 782 f. The case manager for the child, or his or her case 783 manager supervisor; and 784 g. A representative from the Department of Juvenile 785 Justice, if the child is dually involved with both the 786 department and the Department of Juvenile Justice. 787 2. The multidisciplinary team must make reasonable efforts 788 to have all mandatory invitees attend. However, the 789 multidisciplinary team staffing may not be delayed if the 790 invitees in subparagraph 1. fail to attend after being provided 791 reasonable opportunities. 792 (b) Based on the particular goal the multidisciplinary team 793 staffing identifies as the purpose of convening the staffing as 794 provided under subsection (5), the department or lead agency may 795 also invite to the meeting other professionals, including, but 796 not limited to: 797 1. A representative from Children’s Medical Services; 798 2.A guardian ad litem, if one is appointed;7993.A school personnel representative who has direct contact 800 with the child; 801 3.4.A therapist or other behavioral health professional, 802 if applicable; 803 4.5.A mental health professional with expertise in sibling 804 bonding, if the department or lead agency deems such expert is 805 necessary; or 806 5.6.Other community providers of services to the child or 807 stakeholders, when applicable. 808 Section 15. Paragraph (d) of subsection (3) and paragraph 809 (c) of subsection (4) of section 39.4023, Florida Statutes, are 810 amended to read: 811 39.4023 Placement and education transitions; transition 812 plans.— 813 (3) PLACEMENT TRANSITIONS.— 814 (d) Transition planning.— 815 1. If the supportive services provided pursuant to 816 paragraph (c) have not been successful to make the maintenance 817 of the placement suitable or if there are other circumstances 818 that require the child to be moved, the department or the 819 community-based care lead agency must convene a 820 multidisciplinary team staffing as required under s. 39.4022 821 before the child’s placement is changed, or within 72 hours of 822 moving the child in an emergency situation, for the purpose of 823 developing an appropriate transition plan. 824 2. A placement change may occur immediately in an emergency 825 situation without convening a multidisciplinary team staffing. 826 However, a multidisciplinary team staffing must be held within 827 72 hours after the emergency situation arises. 828 3. The department or the community-based care lead agency 829 must provide written notice of the planned move at least 14 days 830 before the move or within 72 hours after an emergency situation, 831 to the greatest extent possible and consistent with the child’s 832 needs and preferences. The notice must include the reason a 833 placement change is necessary. A copy of the notice must be 834 filed with the court and be provided to all of the following: 835 a. The child, unless he or she, due to age or capacity, is 836 unable to comprehend the written notice, which will necessitate 837 the department or lead agency to provide notice in an age 838 appropriate and capacity-appropriate alternative manner.;839 b. The child’s parents, unless prohibited by court order.;840 c. The child’s out-of-home caregiver.;841 d. The guardian ad litem., if one is appointed;842 e. The attorney ad litem for the child, if one is 843 appointed.; and844 f. The attorney for the department. 845 4. The transition plan must be developed through 846 cooperation among the persons included in subparagraph 3., and 847 such persons must share any relevant information necessary for 848 its development. Subject to the child’s needs and preferences, 849 the transition plan must meet the requirements of s. 850 409.1415(2)(b)8. and exclude any placement changes that occur 851 between 7 p.m. and 8 a.m. 852 5. The department or the community-based care lead agency 853 shall file the transition plan with the court within 48 hours 854 after the creation of such plan and provide a copy of the plan 855 to the persons included in subparagraph 3. 856 (4) EDUCATION TRANSITIONS.— 857 (c) Minimizing school changes.— 858 1. Every effort must be made to keep a child in the school 859 of origin if it is in the child’s best interest. Any placement 860 decision must include thoughtful consideration of which school a 861 child will attend if a school change is necessary. 862 2. Members of a multidisciplinary team staffing convened 863 for a purpose other than a school change must determine the 864 child’s best interest regarding remaining in the school or 865 program of origin if the child’s educational options are 866 affected by any other decision being made by the 867 multidisciplinary team. 868 3. The determination of whether it is in the child’s best 869 interest to remain in the school of origin, and if not, of which 870 school the child will attend in the future, must be made in 871 consultation with the following individuals, including, but not 872 limited to, the child; the parents; the caregiver; the child 873 welfare professional; the guardian ad litem, if appointed; the 874 educational surrogate, if appointed; child care and educational 875 staff, including teachers and guidance counselors; and the 876 school district representative or foster care liaison. A 877 multidisciplinary team member may contact any of these 878 individuals in advance of a multidisciplinary team staffing to 879 obtain his or her recommendation. An individual may remotely 880 attend the multidisciplinary team staffing if one of the 881 identified goals is related to determining an educational 882 placement. The multidisciplinary team may rely on a report from 883 the child’s current school or program district and, if 884 applicable, any other school district being considered for the 885 educational placement if the required school personnel are not 886 available to attend the multidisciplinary team staffing in 887 person or remotely. 888 4. The multidisciplinary team and the individuals listed in 889 subparagraph 3. must consider, at a minimum, all of the 890 following factors when determining whether remaining in the 891 school or program of origin is in the child’s best interest or, 892 if not, when selecting a new school or program: 893 a. The child’s desire to remain in the school or program of 894 origin. 895 b. The preference of the child’s parents or legal 896 guardians. 897 c. Whether the child has siblings, close friends, or 898 mentors at the school or program of origin. 899 d. The child’s cultural and community connections in the 900 school or program of origin. 901 e. Whether the child is suspected of having a disability 902 under the Individuals with Disabilities Education Act (IDEA) or 903 s. 504 of the Rehabilitation Act of 1973, or has begun receiving 904 interventions under this state’s multitiered system of supports. 905 f. Whether the child has an evaluation pending for special 906 education and related services under IDEA or s. 504 of the 907 Rehabilitation Act of 1973. 908 g. Whether the child is a student with a disability under 909 IDEA who is receiving special education and related services or 910 a student with a disability under s. 504 of the Rehabilitation 911 Act of 1973 who is receiving accommodations and services and, if 912 so, whether those required services are available in a school or 913 program other than the school or program of origin. 914 h. Whether the child is an English Language Learner student 915 and is receiving language services and, if so, whether those 916 required services are available in a school or program other 917 than the school or program of origin. 918 i. The impact a change to the school or program of origin 919 would have on academic credits and progress toward promotion. 920 j. The availability of extracurricular activities important 921 to the child. 922 k. The child’s known individualized educational plan or 923 other medical and behavioral health needs and whether such plan 924 or needs are able to be met at a school or program other than 925 the school or program of origin. 926 l. The child’s permanency goal and timeframe for achieving 927 permanency. 928 m. The child’s history of school transfers and how such 929 transfers have impacted the child academically, emotionally, and 930 behaviorally. 931 n. The length of the commute to the school or program from 932 the child’s home or placement and how such commute would impact 933 the child. 934 o. The length of time the child has attended the school or 935 program of origin. 936 5. The cost of transportation cannot be a factor in making 937 a best interest determination. 938 Section 16. Paragraph (f) of subsection (3) of section 939 39.407, Florida Statutes, is amended to read: 940 39.407 Medical, psychiatric, and psychological examination 941 and treatment of child; physical, mental, or substance abuse 942 examination of person with or requesting child custody.— 943 (3) 944 (f)1. The department shall fully inform the court of the 945 child’s medical and behavioral status as part of the social 946 services report prepared for each judicial review hearing held 947 for a child for whom psychotropic medication has been prescribed 948 or provided under this subsection. As a part of the information 949 provided to the court, the department shall furnish copies of 950 all pertinent medical records concerning the child which have 951 been generated since the previous hearing. On its own motion or 952 on good cause shown by any party, including theanyguardian ad 953 litem, attorney,or attorney ad litem, if one iswho has been954 appointedto represent the child or the child’s interests, the 955 court may review the status more frequently than required in 956 this subsection. 957 2. The court may, in the best interests of the child, order 958 the department to obtain a medical opinion addressing whether 959 the continued use of the medication under the circumstances is 960 safe and medically appropriate. 961 Section 17. Paragraphs (m), (t), and (u) of subsection (1) 962 of section 39.4085, Florida Statutes, are amended to read: 963 39.4085 Goals for dependent children; responsibilities; 964 education; Office of the Children’s Ombudsman.— 965 (1) The Legislature finds that the design and delivery of 966 child welfare services should be directed by the principle that 967 the health and safety of children, including the freedom from 968 abuse, abandonment, or neglect, is of paramount concern and, 969 therefore, establishes the following goals for children in 970 shelter or foster care: 971 (m) To receive meaningful case management and planning that 972 will quickly return the child to his or her family or move the 973 child on to other forms of permanency. For a child who is 974 transitioning from foster care to independent living, permanency 975 includes establishing naturally occurring, lifelong, kin-like 976 connections between the child and a supportive adult. 977 (t) To have a guardian ad litem appointedto represent,978within reason, their best interestsand, if appropriate, an 979 attorney ad litemappointed to represent their legal interests; 980 the guardian ad litem orandattorney ad litem, if one is 981 appointed,shallhave immediate and unlimited access to the 982 children they represent. 983 (u) To have all their records available for review by their 984 guardian ad litem orandattorney ad litem, if one is appointed, 985 if they deem such review necessary. 986 987 This subsection establishes goals and not rights. This 988 subsection does not require the delivery of any particular 989 service or level of service in excess of existing 990 appropriations. A person does not have a cause of action against 991 the state or any of its subdivisions, agencies, contractors, 992 subcontractors, or agents, based upon the adoption of or failure 993 to provide adequate funding for the achievement of these goals 994 by the Legislature. This subsection does not require the 995 expenditure of funds to meet the goals established in this 996 subsection except those funds specifically appropriated for such 997 purpose. 998 Section 18. Subsection (8) of section 39.502, Florida 999 Statutes, is amended to read: 1000 39.502 Notice, process, and service.— 1001 (8) It is not necessary to the validity of a proceeding 1002 covered by this part that the parents be present if their 1003 identity or residence is unknown after a diligent search has 1004 been made; however,but in this eventthe petitioner mustshall1005 file an affidavit of diligent search prepared by the person who 1006 made the search and inquiry, and the court mustmayappoint a 1007 guardian ad litem for the child if a guardian ad litem has not 1008 previously been appointed. 1009 Section 19. Paragraph (c) of subsection (3) of section 1010 39.522, Florida Statutes, is amended to read: 1011 39.522 Postdisposition change of custody.— 1012 (3) 1013 (c)1. The department or community-based care lead agency 1014 must notify a current caregiver who has been in the physical 1015 custody placement for at least 9 consecutive months and who 1016 meets all the established criteria in paragraph (b) of an intent 1017 to change the physical custody of the child, and a 1018 multidisciplinary team staffing must be held in accordance with 1019 ss. 39.4022 and 39.4023 at least 21 days before the intended 1020 date for the child’s change in physical custody, unless there is 1021 an emergency situation as defined in s. 39.4022(2)(b). If there 1022 is not a unanimous consensus decision reached by the 1023 multidisciplinary team, the department’s official position must 1024 be provided to the parties within the designated time period as 1025 provided for in s. 39.4022. 1026 2. A caregiver who objects to the department’s official 1027 position on the change in physical custody must notify the court 1028 and the department or community-based care lead agency of his or 1029 her objection and the intent to request an evidentiary hearing 1030 in writing in accordance with this section within 5 days after 1031 receiving notice of the department’s official position provided 1032 under subparagraph 1. The transition of the child to the new 1033 caregiver may not begin before the expiration of the 5-day 1034 period within which the current caregiver may object. 1035 3. Upon the department or community-based care lead agency 1036 receiving written notice of the caregiver’s objection, the 1037 change to the child’s physical custody must be placed in 1038 abeyance and the child may not be transitioned to a new physical 1039 placement without a court order, unless there is an emergency 1040 situation as defined in s. 39.4022(2)(b). 1041 4. Within 7 days after receiving written notice from the 1042 caregiver, the court must conduct an initial case status 1043 hearing, at which time the court must do all of the following: 1044 a. Grant party status to the current caregiver who is 1045 seeking permanent custody and has maintained physical custody of 1046 that child for at least 9 continuous months for the limited 1047 purpose of filing a motion for a hearing on the objection and 1048 presenting evidence pursuant to this subsection.;1049b. Appoint an attorney for the child who is the subject of1050the permanent custody proceeding, in addition to the guardian ad1051litem, if one is appointed;1052 b.c.Advise the caregiver of his or her right to retain 1053 counsel for purposes of the evidentiary hearing.; and1054 c.d.Appoint a court-selected neutral and independent 1055 licensed professional with expertise in the science and research 1056 of child-parent bonding. 1057 Section 20. Paragraph (c) of subsection (1) and paragraph 1058 (c) of subsection (3) of section 39.6012, Florida Statutes, are 1059 amended to read: 1060 39.6012 Case plan tasks; services.— 1061 (1) The services to be provided to the parent and the tasks 1062 that must be completed are subject to the following: 1063 (c) If there is evidence of harm as defined in s. 1064 39.01(37)(g)s. 39.01(34)(g), the case plan must include as a 1065 required task for the parent whose actions caused the harm that 1066 the parent submit to a substance abuse disorder assessment or 1067 evaluation and participate and comply with treatment and 1068 services identified in the assessment or evaluation as being 1069 necessary. 1070 (3) In addition to any other requirement, if the child is 1071 in an out-of-home placement, the case plan must include: 1072 (c) When appropriate, for a child who is 13 years of age or 1073 older, a written description of the programs and services that 1074 will help the child prepare for the transition from foster care 1075 to independent living. The written description must include age 1076 appropriate activities for the child’s development of 1077 relationships, coping skills, and emotional well-being. 1078 Section 21. Section 39.6036, Florida Statutes, is created 1079 to read: 1080 39.6036 Supportive adults for children transitioning out of 1081 foster care.— 1082 (1) The Legislature finds that a committed, caring adult 1083 provides a lifeline for a child transitioning out of foster care 1084 to live independently. Accordingly, it is the intent of the 1085 Legislature that the Statewide Guardian ad Litem Office help 1086 children connect with supportive adults with the hope of 1087 creating an ongoing relationship that lasts into adulthood. 1088 (2) The Statewide Guardian ad Litem Office shall work with 1089 a child who is transitioning out of foster care to identify at 1090 least one supportive adult with whom the child can enter into a 1091 formal agreement for an ongoing relationship and document such 1092 agreement in the child’s court file. If the child cannot 1093 identify a supportive adult, the Statewide Guardian ad Litem 1094 Office shall work in coordination with the Office of Continuing 1095 Care to identify at least one supportive adult with whom the 1096 child can enter into a formal agreement for an ongoing 1097 relationship and document such agreement in the child’s court 1098 file. 1099 Section 22. Paragraph (c) of subsection (10) of section 1100 39.621, Florida Statutes, is amended to read: 1101 39.621 Permanency determination by the court.— 1102 (10) The permanency placement is intended to continue until 1103 the child reaches the age of majority and may not be disturbed 1104 absent a finding by the court that the circumstances of the 1105 permanency placement are no longer in the best interest of the 1106 child. 1107 (c) The court shall base its decision concerning any motion 1108 by a parent for reunification or increased contact with a child 1109 on the effect of the decision on the safety, well-being, and 1110 physical and emotional health of the child. Factors that must be 1111 considered and addressed in the findings of fact of the order on 1112 the motion must include: 1113 1. The compliance or noncompliance of the parent with the 1114 case plan; 1115 2. The circumstances which caused the child’s dependency 1116 and whether those circumstances have been resolved; 1117 3. The stability and longevity of the child’s placement; 1118 4. The preferences of the child, if the child is of 1119 sufficient age and understanding to express a preference; 1120 5. The recommendation of the current custodian; and 1121 6. AnyTherecommendation of the guardian ad litem, if one1122has been appointed. 1123 Section 23. Subsection (2) of section 39.6241, Florida 1124 Statutes, is amended to read: 1125 39.6241 Another planned permanent living arrangement.— 1126 (2) The department and the guardian ad litem must provide 1127 the court with a recommended list and description of services 1128 needed by the child, such as independent living services and 1129 medical, dental, educational, or psychological referrals, and a 1130 recommended list and description of services needed by his or 1131 her caregiver. The guardian ad litem must also advise the court 1132 whether the child has been connected with a supportive adult 1133 and, if the child has been connected with a supportive adult, 1134 whether the child has entered into a formal agreement with the 1135 adult. If the child has entered into a formal agreement pursuant 1136 to s. 39.6036, the guardian ad litem must ensure that the 1137 agreement is documented in the child’s court file. 1138 Section 24. Paragraphs (b) and (f) of subsection (1), 1139 paragraph (c) of subsection (2), subsection (3), and paragraph 1140 (e) of subsection (4) of section 39.701, Florida Statutes, are 1141 amended to read: 1142 39.701 Judicial review.— 1143 (1) GENERAL PROVISIONS.— 1144 (b)1. The court shall retain jurisdiction over a child 1145 returned to his or her parents for a minimum period of 6 months 1146 afterfollowingthe reunification, but, at that time, based on a 1147 report of the social service agency and the guardian ad litem,1148if one has been appointed,and any other relevant factors, the 1149 court shall make a determination as to whether supervision by 1150 the department and the court’s jurisdiction shall continue or be 1151 terminated. 1152 2. Notwithstanding subparagraph 1., the court must retain 1153 jurisdiction over a child if the child is placed in the home 1154 with a parent or caregiver with an in-home safety plan and such 1155 safety plan remains necessary for the child to reside safely in 1156 the home. 1157 (f) Notice of a judicial review hearing or a citizen review 1158 panel hearing, and a copy of the motion for judicial review, if 1159 any, must be served by the clerk of the court upon all of the 1160 following persons, if available to be served, regardless of 1161 whether the person was present at the previous hearing at which 1162 the date, time, and location of the hearing was announced: 1163 1. The social service agency charged with the supervision 1164 of care, custody, or guardianship of the child, if that agency 1165 is not the movant. 1166 2. The foster parent or legal custodian in whose home the 1167 child resides. 1168 3. The parents. 1169 4. The guardian ad litem for the child, or the1170representative of the guardian ad litem program if the program1171has been appointed. 1172 5. The attorney ad litem for the child, if one is 1173 appointed. 1174 6. The child, if the child is 13 years of age or older. 1175 7. Any preadoptive parent. 1176 8. Such other persons as the court may direct. 1177 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1178 AGE.— 1179 (c) Review determinations.—The court and any citizen review 1180 panel shall take into consideration the information contained in 1181 the social services study and investigation and all medical, 1182 psychological, and educational records that support the terms of 1183 the case plan; testimony by the social services agency, the 1184 parent, the foster parent or caregiver, the guardian ad litem, 1185 theorsurrogate parent for educational decisionmaking if one 1186 has been appointed for the child, and any other person deemed 1187 appropriate; and any relevant and material evidence submitted to 1188 the court, including written and oral reports to the extent of 1189 their probative value. These reports and evidence may be 1190 received by the court in its effort to determine the action to 1191 be taken with regard to the child and may be relied upon to the 1192 extent of their probative value, even though not competent in an 1193 adjudicatory hearing. In its deliberations, the court and any 1194 citizen review panel shall seek to determine: 1195 1. If the parent was advised of the right to receive 1196 assistance from any person or social service agency in the 1197 preparation of the case plan. 1198 2. If the parent has been advised of the right to have 1199 counsel present at the judicial review or citizen review 1200 hearings. If not so advised, the court or citizen review panel 1201 shall advise the parent of such right. 1202 3. If a guardian ad litem needs to be appointed for the 1203 child in a case in which a guardian ad litem has not previously 1204 been appointedor if there is a need to continue a guardian ad1205litem in a case in which a guardian ad litem has been appointed. 1206 4. Who holds the rights to make educational decisions for 1207 the child. If appropriate, the court may refer the child to the 1208 district school superintendent for appointment of a surrogate 1209 parent or may itself appoint a surrogate parent under the 1210 Individuals with Disabilities Education Act and s. 39.0016. 1211 5. The compliance or lack of compliance of all parties with 1212 applicable items of the case plan, including the parents’ 1213 compliance with child support orders. 1214 6. The compliance or lack of compliance with a visitation 1215 contract between the parent and the social service agency for 1216 contact with the child, including the frequency, duration, and 1217 results of the parent-child visitation and the reason for any 1218 noncompliance. 1219 7. The frequency, kind, and duration of contacts among 1220 siblings who have been separated during placement, as well as 1221 any efforts undertaken to reunite separated siblings if doing so 1222 is in the best interests of the child. 1223 8. The compliance or lack of compliance of the parent in 1224 meeting specified financial obligations pertaining to the care 1225 of the child, including the reason for failure to comply, if 1226 applicable. 1227 9. Whether the child is receiving safe and proper care 1228 according to s. 39.6012, including, but not limited to, the 1229 appropriateness of the child’s current placement, including 1230 whether the child is in a setting that is as family-like and as 1231 close to the parent’s home as possible, consistent with the 1232 child’s best interests and special needs, and including 1233 maintaining stability in the child’s educational placement, as 1234 documented by assurances from the community-based care lead 1235 agency that: 1236 a. The placement of the child takes into account the 1237 appropriateness of the current educational setting and the 1238 proximity to the school in which the child is enrolled at the 1239 time of placement. 1240 b. The community-based care lead agency has coordinated 1241 with appropriate local educational agencies to ensure that the 1242 child remains in the school in which the child is enrolled at 1243 the time of placement. 1244 10. A projected date likely for the child’s return home or 1245 other permanent placement. 1246 11. When appropriate, the basis for the unwillingness or 1247 inability of the parent to become a party to a case plan. The 1248 court and the citizen review panel shall determine if the 1249 efforts of the social service agency to secure party 1250 participation in a case plan were sufficient. 1251 12. For a child who has reached 13 years of age but is not 1252 yet 18 years of age, the adequacy of the child’s preparation for 1253 adulthood and independent living. For a child who is 15 years of 1254 age or older, the court shall determine if appropriate steps are 1255 being taken for the child to obtain a driver license or 1256 learner’s driver license. 1257 13. If amendments to the case plan are required. Amendments 1258 to the case plan must be made under s. 39.6013. 1259 14. If the parents and caregivers have developed a 1260 productive relationship that includes meaningful communication 1261 and mutual support. 1262 (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At 1263 each review hearing held under this subsection, the court shall 1264 give the child and the guardian ad litem the opportunity to 1265 address the court and provide any information relevant to the 1266 child’s best interest, particularly in relation to independent 1267 living transition services. The foster parent or,legal 1268 custodian, or guardian ad litemmay also provide any information 1269 relevant to the child’s best interest to the court. In addition 1270 to the review and report required under paragraphs (1)(a) and 1271 (2)(a), respectively, and the review and report required under 1272 s. 39.822(2)(a)2., the court shall: 1273 (a) Inquire about the life skills the child has acquired 1274 and whether those services are age appropriate, at the first 1275 judicial review hearing held subsequent to the child’s 16th 1276 birthday. At the judicial review hearing, the department shall 1277 provide the court with a report that includes specific 1278 information related to the life skills that the child has 1279 acquired since the child’s 13th birthday or since the date the 1280 child came into foster care, whichever came later. For any child 1281 who may meet the requirements for appointment of a guardian 1282 advocate under s. 393.12 or a guardian under chapter 744, the 1283 updated case plan must be developed in a face-to-face conference 1284 with the child, if appropriate; the child’s attorney ad litem, 1285 if one is appointed; the child’s; any court-appointedguardian 1286 ad litem; the temporary custodian of the child; and the parent 1287 of the child, if the parent’s rights have not been terminated. 1288 (b) The court shall hold a judicial review hearing within 1289 90 days after a child’s 17th birthday. The court shall issue an 1290 order, separate from the order on judicial review, that the 1291 disability of nonage of the child has been removed under ss. 1292 743.044-743.047 for any disability that the court finds is in 1293 the child’s best interest to remove. The department shall 1294 include in the social study report for the first judicial review 1295 that occurs after the child’s 17th birthday written verification 1296 that the child has: 1297 1. A current Medicaid card and all necessary information 1298 concerning the Medicaid program sufficient to prepare the child 1299 to apply for coverage upon reaching the age of 18, if such 1300 application is appropriate. 1301 2. A certified copy of the child’s birth certificate and, 1302 if the child does not have a valid driver license, a Florida 1303 identification card issued under s. 322.051. 1304 3. A social security card and information relating to 1305 social security insurance benefits if the child is eligible for 1306 those benefits. If the child has received such benefits and they 1307 are being held in trust for the child, a full accounting of 1308 these funds must be provided and the child must be informed as 1309 to how to access those funds. 1310 4. All relevant information related to the Road-to 1311 Independence Program under s. 409.1451, including, but not 1312 limited to, eligibility requirements, information on 1313 participation, and assistance in gaining admission to the 1314 program. If the child is eligible for the Road-to-Independence 1315 Program, he or she must be advised that he or she may continue 1316 to reside with the licensed family home or group care provider 1317 with whom the child was residing at the time the child attained 1318 his or her 18th birthday, in another licensed family home, or 1319 with a group care provider arranged by the department. 1320 5. An open bank account or the identification necessary to 1321 open a bank account and to acquire essential banking and 1322 budgeting skills. 1323 6. Information on public assistance and how to apply for 1324 public assistance. 1325 7. A clear understanding of where he or she will be living 1326 on his or her 18th birthday, how living expenses will be paid, 1327 and the educational program or school in which he or she will be 1328 enrolled. 1329 8. Information related to the ability of the child to 1330 remain in care until he or she reaches 21 years of age under s. 1331 39.013. 1332 9. A letter providing the dates that the child is under the 1333 jurisdiction of the court. 1334 10. A letter stating that the child is in compliance with 1335 financial aid documentation requirements. 1336 11. The child’s educational records. 1337 12. The child’s entire health and mental health records. 1338 13. The process for accessing the child’s case file. 1339 14. A statement encouraging the child to attend all 1340 judicial review hearings. 1341 15. Information on how to obtain a driver license or 1342 learner’s driver license. 1343 (c) At the first judicial review hearing held subsequent to 1344 the child’s 17th birthday, if the court determines pursuant to 1345 chapter 744 that there is a good faith basis to believe that the 1346 child qualifies for appointment of a guardian advocate, limited 1347 guardian, or plenary guardian for the child and that no less 1348 restrictive decisionmaking assistance will meet the child’s 1349 needs: 1350 1. The department shall complete a multidisciplinary report 1351 which must include, but is not limited to, a psychosocial 1352 evaluation and educational report if such a report has not been 1353 completed within the previous 2 years. 1354 2. The department shall identify one or more individuals 1355 who are willing to serve as the guardian advocate under s. 1356 393.12 or as the plenary or limited guardian under chapter 744. 1357 Any other interested parties or participants may make efforts to 1358 identify such a guardian advocate, limited guardian, or plenary 1359 guardian. The child’s biological or adoptive family members, 1360 including the child’s parents if the parents’ rights have not 1361 been terminated, may not be considered for service as the 1362 plenary or limited guardian unless the court enters a written 1363 order finding that such an appointment is in the child’s best 1364 interests. 1365 3. Proceedings may be initiated within 180 days after the 1366 child’s 17th birthday for the appointment of a guardian 1367 advocate, plenary guardian, or limited guardian for the child in 1368 a separate proceeding in the court division with jurisdiction 1369 over guardianship matters and pursuant to chapter 744. The 1370 Legislature encourages the use of pro bono representation to 1371 initiate proceedings under this section. 1372 4. In the event another interested party or participant 1373 initiates proceedings for the appointment of a guardian 1374 advocate, plenary guardian, or limited guardian for the child, 1375 the department shall provide all necessary documentation and 1376 information to the petitioner to complete a petition under s. 1377 393.12 or chapter 744 within 45 days after the first judicial 1378 review hearing after the child’s 17th birthday. 1379 5. Any proceedings seeking appointment of a guardian 1380 advocate or a determination of incapacity and the appointment of 1381 a guardian must be conducted in a separate proceeding in the 1382 court division with jurisdiction over guardianship matters and 1383 pursuant to chapter 744. 1384 (d) If the court finds at the judicial review hearing after 1385 the child’s 17th birthday that the department has not met its 1386 obligations to the child as stated in this part, in the written 1387 case plan, or in the provision of independent living services, 1388 the court may issue an order directing the department to show 1389 cause as to why it has not done so. If the department cannot 1390 justify its noncompliance, the court may give the department 30 1391 days within which to comply. If the department fails to comply 1392 within 30 days, the court may hold the department in contempt. 1393 (e) If necessary, the court may review the status of the 1394 child more frequently during the year before the child’s 18th 1395 birthday. At the last review hearing before the child reaches 18 1396 years of age, and in addition to the requirements of subsection 1397 (2), the court shall: 1398 1. Address whether the child plans to remain in foster 1399 care, and, if so, ensure that the child’s transition plan 1400 includes a plan for meeting one or more of the criteria 1401 specified in s. 39.6251 and determine if the child has entered 1402 into a formal agreement for an ongoing relationship with a 1403 supportive adult. 1404 2. Ensure that the transition plan includes a supervised 1405 living arrangement under s. 39.6251. 1406 3. Ensure the child has been informed of: 1407 a. The right to continued support and services from the 1408 department and the community-based care lead agency. 1409 b. The right to request termination of dependency 1410 jurisdiction and be discharged from foster care. 1411 c. The opportunity to reenter foster care under s. 39.6251. 1412 4. Ensure that the child, if he or she requests termination 1413 of dependency jurisdiction and discharge from foster care, has 1414 been informed of: 1415 a. Services or benefits for which the child may be eligible 1416 based on his or her former placement in foster care, including, 1417 but not limited to, the assistance of the Office of Continuing 1418 Care under s. 414.56. 1419 b. Services or benefits that may be lost through 1420 termination of dependency jurisdiction. 1421 c. Other federal, state, local, or community-based services 1422 or supports available to him or her. 1423 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During 1424 each period of time that a young adult remains in foster care, 1425 the court shall review the status of the young adult at least 1426 every 6 months and must hold a permanency review hearing at 1427 least annually. 1428 (e)1. Notwithstanding the provisions of this subsection, if 1429 a young adult has chosen to remain in extended foster care after 1430 he or she has reached 18 years of age, the department may not 1431 close a case and the court may not terminate jurisdiction until 1432 the court finds, following a hearing, that the following 1433 criteria have been met: 1434 a.1.Attendance of the young adult at the hearing; or 1435 b.2.Findings by the court that: 1436 (I)a.The young adult has been informed by the department 1437 of his or her right to attend the hearing and has provided 1438 written consent to waive this right; and 1439 (II)b.The young adult has been informed of the potential 1440 negative effects of early termination of care, the option to 1441 reenter care before reaching 21 years of age, the procedure for, 1442 and limitations on, reentering care, and the availability of 1443 alternative services, and has signed a document attesting that 1444 he or she has been so informed and understands these provisions; 1445 or 1446 (III)c.The young adult has voluntarily left the program, 1447 has not signed the document in sub-subparagraph b., and is 1448 unwilling to participate in any further court proceeding. 1449 2.3.In all permanency hearings or hearings regarding the 1450 transition of the young adult from care to independent living, 1451 the court shall consult with the young adult regarding the 1452 proposed permanency plan, case plan, and individual education 1453 plan for the young adult and ensure that he or she has 1454 understood the conversation. The court shall also inquire of the 1455 young adult regarding his or her relationship with the 1456 supportive adult with whom the young adult has entered into a 1457 formal agreement for an ongoing relationship, if such agreement 1458 exists. 1459 Section 25. Paragraph (a) of subsection (3) of section 1460 39.801, Florida Statutes, is amended to read: 1461 39.801 Procedures and jurisdiction; notice; service of 1462 process.— 1463 (3) Before the court may terminate parental rights, in 1464 addition to the other requirements set forth in this part, the 1465 following requirements must be met: 1466 (a) Notice of the date, time, and place of the advisory 1467 hearing for the petition to terminate parental rights; if 1468 applicable, instructions for appearance through audio-video 1469 communication technology; and a copy of the petition must be 1470 personally served upon the following persons, specifically 1471 notifying them that a petition has been filed: 1472 1. The parents of the child. 1473 2. The legal custodians of the child. 1474 3. If the parents who would be entitled to notice are dead 1475 or unknown, a living relative of the child, unless upon diligent 1476 search and inquiry no such relative can be found. 1477 4. Any person who has physical custody of the child. 1478 5. Any grandparent entitled to priority for adoption under 1479 s. 63.0425. 1480 6. Any prospective parent who has been identified under s. 1481 39.503 or s. 39.803, unless a court order has been entered 1482 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1483 indicates no further notice is required. Except as otherwise 1484 provided in this section, if there is not a legal father, notice 1485 of the petition for termination of parental rights must be 1486 provided to any known prospective father who is identified under 1487 oath before the court or who is identified by a diligent search 1488 of the Florida Putative Father Registry. Service of the notice 1489 of the petition for termination of parental rights is not 1490 required if the prospective father executes an affidavit of 1491 nonpaternity or a consent to termination of his parental rights 1492 which is accepted by the court after notice and opportunity to 1493 be heard by all parties to address the best interests of the 1494 child in accepting such affidavit. 1495 7. The guardian ad litem for the childor the1496representative of the guardian ad litem program, if the program1497has been appointed. 1498 1499 A party may consent to service or notice by e-mail by providing 1500 a primary e-mail address to the clerk of the court. The document 1501 containing the notice to respond or appear must contain, in type 1502 at least as large as the type in the balance of the document, 1503 the following or substantially similar language: “FAILURE TO 1504 APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 1505 TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 1506 YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 1507 ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 1508 THE PETITION ATTACHED TO THIS NOTICE.” 1509 Section 26. Subsection (2) of section 39.807, Florida 1510 Statutes, is amended to read: 1511 39.807 Right to counsel; guardian ad litem.— 1512 (2)(a) The court shall appoint a guardian ad litem to 1513 represent thebest interest of thechild in any termination of 1514 parental rights proceedings and shall ascertain at each stage of 1515 the proceedings whether a guardian ad litem has been appointed. 1516 (b) The guardian ad litem has thefollowing1517 responsibilities and authority specified in s. 39.822.:15181. To investigate the allegations of the petition and any1519subsequent matters arising in the case and,1520 (c) Unless excused by the court, the guardian ad litem must 1521tofile a written report. This report must include a statement 1522 of the wishes of the child and the recommendations of the 1523 guardian ad litem and must be provided to all parties and the 1524 court at least 72 hours before the disposition hearing. 15252. To be present at all court hearings unless excused by1526the court.15273. To represent the best interests of the child until the1528jurisdiction of the court over the child terminates or until1529excused by the court.1530(c) A guardian ad litem is not required to post bond but1531shall file an acceptance of the office.1532(d) A guardian ad litem is entitled to receive service of1533pleadings and papers as provided by the Florida Rules of1534Juvenile Procedure.1535 (d)(e)This subsection does not apply to any voluntary 1536 relinquishment of parental rights proceeding. 1537 Section 27. Subsection (2) of section 39.808, Florida 1538 Statutes, is amended to read: 1539 39.808 Advisory hearing; pretrial status conference.— 1540 (2) At the hearing the court shall inform the parties of 1541 their rights under s. 39.807,shallappoint counsel for the 1542 parties in accordance with legal requirements, andshallappoint 1543 a guardian ad litem to represent theinterests of thechild if 1544 one has not already been appointed. 1545 Section 28. Subsection (2) of section 39.815, Florida 1546 Statutes, is amended to read: 1547 39.815 Appeal.— 1548 (2) An attorney for the department shall represent the 1549 state upon appeal. When a notice of appeal is filed in the 1550 circuit court, the clerk shall notify the attorney for the 1551 department,together withthe attorney for the parent, the 1552 guardian ad litem, and theanyattorney ad litem for the child, 1553 if one is appointed. 1554 Section 29. Section 39.820, Florida Statutes, is repealed. 1555 Section 30. Subsections (1) and (3) of section 39.821, 1556 Florida Statutes, are amended to read: 1557 39.821 Qualifications of guardians ad litem.— 1558 (1) Because of the special trust or responsibility placed 1559 in a guardian ad litem, the Statewide Guardian ad Litem Office 1560Programmay use any private funds collected by the office 1561program, or any state funds so designated, to conduct a security 1562 background investigation before certifying a volunteer to serve. 1563 A security background investigation must include, but need not 1564 be limited to, employment history checks, checks of references, 1565 local criminal history records checks through local law 1566 enforcement agencies, and statewide criminal history records 1567 checks through the Department of Law Enforcement. Upon request, 1568 an employer shall furnish a copy of the personnel record for the 1569 employee or former employee who is the subject of a security 1570 background investigation conducted under this section. The 1571 information contained in the personnel record may include, but 1572 need not be limited to, disciplinary matters and the reason why 1573 the employee was terminated from employment. An employer who 1574 releases a personnel record for purposes of a security 1575 background investigation is presumed to have acted in good faith 1576 and is not liable for information contained in the record 1577 without a showing that the employer maliciously falsified the 1578 record. A security background investigation conducted under this 1579 section must ensure that a person is not certified as a guardian 1580 ad litem if the person has an arrest awaiting final disposition 1581 for, been convicted of, regardless of adjudication, entered a 1582 plea of nolo contendere or guilty to, or been adjudicated 1583 delinquent and the record has not been sealed or expunged for, 1584 any offense prohibited under the provisions listed in s. 435.04. 1585 All applicants must undergo a level 2 background screening 1586 pursuant to chapter 435 before being certified to serve as a 1587 guardian ad litem. In analyzing and evaluating the information 1588 obtained in the security background investigation, the office 1589programmust give particular emphasis to past activities 1590 involving children, including, but not limited to, child-related 1591 criminal offenses or child abuse. The officeprogramhas sole 1592 discretion in determining whether to certify a person based on 1593 his or her security background investigation. The information 1594 collected pursuant to the security background investigation is 1595 confidential and exempt from s. 119.07(1). 1596 (3) It is a misdemeanor of the first degree, punishable as 1597 provided in s. 775.082 or s. 775.083, for any person to 1598 willfully, knowingly, or intentionally fail, by false statement, 1599 misrepresentation, impersonation, or other fraudulent means, to 1600 disclose in any application for a volunteer position or for paid 1601 employment with the Statewide Guardian ad Litem OfficeProgram, 1602 any material fact used in making a determination as to the 1603 applicant’s qualifications for such position. 1604 Section 31. Section 39.822, Florida Statutes, is amended to 1605 read: 1606 39.822 Appointment of guardian ad litem for abused, 1607 abandoned, or neglected child.— 1608 (1) A guardian ad litem shall be appointed by the court at 1609 the earliest possible time to represent the child in any child 1610 abuse, abandonment, or neglect judicial proceeding, whether 1611 civil or criminal. A guardian ad litem is a fiduciary and must 1612 provide independent representation of the child using a best 1613 interest standard of decisionmaking and advocacy. 1614 (2)(a) A guardian ad litem must: 1615 1. Be present at all court hearings unless excused by the 1616 court. 1617 2. Investigate issues related to the best interest of the 1618 child who is the subject of the appointment, review all 1619 disposition recommendations and changes in placement, and, 1620 unless excused by the court, file written reports and 1621 recommendations in accordance with general law. 1622 3. Represent the child until the court’s jurisdiction over 1623 the child terminates or until excused by the court. 1624 4. Advocate for the child’s participation in the 1625 proceedings and to report the child’s preferences to the court, 1626 to the extent the child has the ability and desire to express 1627 his or her preferences. 1628 5. Perform other duties that are consistent with the scope 1629 of the appointment. 1630 (b) A guardian ad litem shall have immediate and unlimited 1631 access to the children he or she represents. 1632 (c) A guardian ad litem is not required to post bond but 1633 must file an acceptance of the appointment. 1634 (d) A guardian ad litem is entitled to receive service of 1635 pleadings and papers as provided by the Florida Rules of 1636 Juvenile Procedure. 1637 (3) Any person participating in a civil or criminal 1638 judicial proceeding resulting from such appointment shall be 1639 presumed prima facie to be acting in good faith and in so doing 1640 shall be immune from any liability, civil or criminal, that 1641 otherwise might be incurred or imposed. 1642 (4)(2)In those cases in which the parents are financially 1643 able, the parent or parents of the child shall reimburse the 1644 court, in part or in whole, for the cost of provision of 1645 guardian ad litem representationservices. Reimbursement to the 1646 individual providing guardian ad litem representation is not 1647services shall not becontingent upon successful collection by 1648 the court from the parent or parents. 1649 (5)(3)Upon presentation by a guardian ad litem of a court 1650 order appointing the guardian ad litem: 1651 (a) An agency, as defined in chapter 119, shall allow the 1652 guardian ad litem to inspect and copy records related to the 1653 best interests of the child who is the subject of the 1654 appointment, including, but not limited to, records made 1655 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1656 the State Constitution. The guardian ad litem shall maintain the 1657 confidential or exempt status of any records shared by an agency 1658 under this paragraph. 1659 (b) A person or an organization, other than an agency under 1660 paragraph (a), shall allow the guardian ad litem to inspect and 1661 copy any records related to the best interests of the child who 1662 is the subject of the appointment, including, but not limited 1663 to, confidential records. 1664 1665 For the purposes of this subsection, the term “records related 1666 to the best interests of the child” includes, but is not limited 1667 to, medical, mental health, substance abuse, child care, 1668 education, law enforcement, court, social services, and 1669 financial records. 1670(4) The guardian ad litem or the program representative1671shall review all disposition recommendations and changes in1672placements, and must be present at all critical stages of the1673dependency proceeding or submit a written report of1674recommendations to the court. Written reports must be filed with1675the court and served on all parties whose whereabouts are known1676at least 72 hours prior to the hearing.1677 Section 32. Subsection (4) of section 39.827, Florida 1678 Statutes, is amended to read: 1679 39.827 Hearing for appointment of a guardian advocate.— 1680 (4) The hearing under this section mustshallremain 1681 confidential and closed to the public. The clerk shall keep all 1682 court records required by this part separate from other records 1683 of the circuit court. All court records required by this part 1684 areshall beconfidential and exempt fromthe provisions ofs. 1685 119.07(1).AllRecords may onlyshallbe inspectedonlyupon 1686 order of the court by persons deemed by the court to have a 1687 proper interest therein, except that a child and the parents or 1688 custodians of the child and their attorneys, the guardian ad 1689 litem,andthe department and its designees, and the attorney ad 1690 litem, if one is appointed,shallalways have the right to 1691 inspect and copy any official record pertaining to the child. 1692 The court may permit authorized representatives of recognized 1693 organizations compiling statistics for proper purposes to 1694 inspect and make abstracts from official records, under whatever 1695 conditions upon their use and disposition the court may deem 1696 proper, and may punish by contempt proceedings any violation of 1697 those conditions. All information obtained pursuant to this part 1698 in the discharge of official duty by any judge, employee of the 1699 court, or authorized agent of the department isshall be1700 confidential and exempt fromthe provisions ofs. 119.07(1) and 1701 mayshallnot be disclosed to anyone other than the authorized 1702 personnel of the court or the department and its designees, 1703 except upon order of the court. 1704 Section 33. Paragraphs (a), (b), and (d) of subsection (1) 1705 and subsection (2) of section 39.8296, Florida Statutes, are 1706 amended to read: 1707 39.8296 Statewide Guardian ad Litem Office; legislative 1708 findings and intent; creation; appointment of executive 1709 director; duties of office.— 1710 (1) LEGISLATIVE FINDINGS AND INTENT.— 1711 (a) The Legislature finds that for the past 20 years, the 1712 Statewide Guardian ad Litem OfficeProgramhas been the only 1713 mechanism for best interest representation for children in 1714 Florida who are involved in dependency proceedings. 1715 (b) The Legislature also finds that while the Statewide 1716 Guardian ad Litem OfficeProgramhas been supervised by court 1717 administration within the circuit courts since the office’s 1718program’sinception, there is a perceived conflict of interest 1719 created by the supervision of program staff by the judges before 1720 whom they appear. 1721 (d) It is therefore the intent of the Legislature to place 1722 the Statewide Guardian ad Litem OfficeProgramin an appropriate 1723 place and provide a statewide infrastructure to increase 1724 functioning and standardization among the local officesprograms1725 currently operating in the 20 judicial circuits. 1726 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 1727 Statewide Guardian ad Litem Office within the Justice 1728 Administrative Commission. The Justice Administrative Commission 1729 shall provide administrative support and service to the office 1730 to the extent requested by the executive director within the 1731 available resources of the commission. The Statewide Guardian ad 1732 Litem Office is not subject to control, supervision, or 1733 direction by the Justice Administrative Commission in the 1734 performance of its duties, but the employees of the office are 1735 governed by the classification plan and salary and benefits plan 1736 approved by the Justice Administrative Commission. 1737 (a) The head of the Statewide Guardian ad Litem Office is 1738 the executive director, who shall be appointed by the Governor 1739 from a list of a minimum of three eligible applicants submitted 1740 by a Guardian ad Litem Qualifications Committee. The Guardian ad 1741 Litem Qualifications Committee shall be composed of five 1742 persons, two persons appointed by the Governor, two persons 1743 appointed by the Chief Justice of the Supreme Court, and one 1744 person appointed by the Statewide Guardian ad Litem Office 1745Association. The committee shall provide for statewide 1746 advertisement and the receiving of applications for the position 1747 of executive director. The Governor shall appoint an executive 1748 director from among the recommendations, or the Governor may 1749 reject the nominations and request the submission of new 1750 nominees. The executive director must have knowledge in 1751 dependency law and knowledge of social service delivery systems 1752 available to meet the needs of children who are abused, 1753 neglected, or abandoned. The executive director shall serve on a 1754 full-time basis and shall personally, or through representatives 1755 of the office, carry out the purposes and functions of the 1756 Statewide Guardian ad Litem Office in accordance with state and 1757 federal law and the state’s long-established policy of 1758 prioritizing children’s best interests. The executive director 1759 shall report to the Governor. The executive director shall serve 1760 a 3-year term, subject to removal for cause by the Governor. Any 1761 person appointed to serve as the executive director may be 1762 permitted to serve more than one term without the necessity of 1763 convening the Guardian ad Litem Qualifications Committee. 1764 (b) The Statewide Guardian ad Litem Office shall, within 1765 available resources, have oversight responsibilities for and 1766 provide technical assistance to all guardian ad litem and 1767 attorney ad litem officesprogramslocated within the judicial 1768 circuits. 1769 1. The office shall identify the resources required to 1770 implement methods of collecting, reporting, and tracking 1771 reliable and consistent case data. 1772 2. The office shall review the current guardian ad litem 1773 officesprogramsin Florida and other states. 1774 3. The office, in consultation with local guardian ad litem 1775 offices, shall develop statewide performance measures and 1776 standards. 1777 4. The office shall develop and maintain a guardian ad 1778 litem training program, which must be updated regularly, which1779shall include, but is not limited to, training on the1780recognition of and responses to head trauma and brain injury in1781a child under 6 years of age. The office shall establish a1782curriculum committee to develop the training program specified1783in this subparagraph. The curriculum committee shall include,1784but not be limited to, dependency judges, directors of circuit1785guardian ad litem programs, active certified guardians ad litem,1786a mental health professional who specializes in the treatment of1787children, a member of a child advocacy group, a representative1788of a domestic violence advocacy group, an individual with a1789degree in social work, and a social worker experienced in1790working with victims and perpetrators of child abuse. 1791 5. The office shall review the various methods of funding 1792 guardian ad litem officesprograms, maximize the use of those 1793 funding sources to the extent possible, and review the kinds of 1794 services being provided by circuit guardian ad litem offices 1795programs. 1796 6. The office shall determine the feasibility or 1797 desirability of new concepts of organization, administration, 1798 financing, or service delivery designed to preserve the civil 1799 and constitutional rights and fulfill other needs of dependent 1800 children. 1801 7. The office shall ensure that each child has an attorney 1802 assigned to his or her case and, within available resources, is 1803 represented using multidisciplinary teams that may include 1804 volunteers, pro bono attorneys, social workers, and mentors. 1805 8. The office shall provide oversight and technical 1806 assistance to attorneys ad litem, including, but not limited to, 1807 all of the following: 1808 a. Develop an attorney ad litem training program in 1809 collaboration with dependency court stakeholders, including, but 1810 not limited to, dependency judges, representatives from legal 1811 aid providing attorney ad litem representation, and an attorney 1812 ad litem appointed from a registry maintained by the chief 1813 judge. The training program must be updated regularly with or 1814 without convening the stakeholders group. 1815 b. Offer consultation and technical assistance to chief 1816 judges in maintaining attorney registries for the selection of 1817 attorneys ad litem. 1818 c. Assist with recruitment, training, and mentoring of 1819 attorneys ad litem as needed. 1820 9.7.In an effort to promote normalcy and establish trust 1821 between acourt-appointed volunteerguardian ad litem and a 1822 child alleged to be abused, abandoned, or neglected under this 1823 chapter, a guardian ad litem may transport a child. However, a 1824 guardian ad litemvolunteermay not be required by a guardian ad 1825 litem circuit office or ordered byor directed by the program or1826 a court to transport a child. 1827 10.8.The office shall submit to the Governor, the 1828 President of the Senate, the Speaker of the House of 1829 Representatives, and the Chief Justice of the Supreme Court an 1830 interim report describing the progress of the office in meeting 1831 the goals as described in this section. The office shall submit 1832 to the Governor, the President of the Senate, the Speaker of the 1833 House of Representatives, and the Chief Justice of the Supreme 1834 Court a proposed plan including alternatives for meeting the 1835 state’s guardian ad litem and attorney ad litem needs. This plan 1836 may include recommendations for less than the entire state, may 1837 include a phase-in system, and shall include estimates of the 1838 cost of each of the alternatives. Each year the office shall 1839 provide a status report and provide further recommendations to 1840 address the need for guardian ad litem representationservices1841 and related issues. 1842 Section 34. Section 39.8297, Florida Statutes, is amended 1843 to read: 1844 39.8297 County funding for guardian ad litem employees.— 1845 (1) A county and the executive director of the Statewide 1846 Guardian ad Litem Office may enter into an agreement by which 1847 the county agrees to provide funds to the local guardian ad 1848 litem office in order to employ persons who will assist in the 1849 operation of the guardian ad litem officeprogramin the county. 1850 (2) The agreement, at a minimum, must provide that: 1851 (a) Funding for the persons who are employed will be 1852 provided on at least a fiscal-year basis. 1853 (b) The persons who are employed will be hired, supervised, 1854 managed, and terminated by the executive director of the 1855 Statewide Guardian ad Litem Office. The statewide office is 1856 responsible for compliance with all requirements of federal and 1857 state employment laws, and shall fully indemnify the county from 1858 any liability under such laws, as authorized by s. 768.28(19), 1859 to the extent such liability is the result of the acts or 1860 omissions of the Statewide Guardian ad Litem Office or its 1861 agents or employees. 1862 (c) The county is the employer for purposes of s. 440.10 1863 and chapter 443. 1864 (d) Employees funded by the county under this section and 1865 other county employees may be aggregated for purposes of a 1866 flexible benefits plan pursuant to s. 125 of the Internal 1867 Revenue Code of 1986. 1868 (e) Persons employed under this section may be terminated 1869 after a substantial breach of the agreement or because funding 1870 to the guardian ad litem officeprogramhas expired. 1871 (3) Persons employed under this section may not be counted 1872 in a formula or similar process used by the Statewide Guardian 1873 ad Litem Office to measure personnel needs of a judicial 1874 circuit’s guardian ad litem officeprogram. 1875 (4) Agreements created pursuant to this section do not 1876 obligate the state to allocate funds to a county to employ 1877 persons in the guardian ad litem officeprogram. 1878 Section 35. Subsection (6) is added to section 414.56, 1879 Florida Statutes, to read: 1880 414.56 Office of Continuing Care.—The department shall 1881 establish an Office of Continuing Care to ensure young adults 1882 who age out of the foster care system between 18 and 21 years of 1883 age, or 22 years of age with a documented disability, have a 1884 point of contact until the young adult reaches the age of 26 in 1885 order to receive ongoing support and care coordination needed to 1886 achieve self-sufficiency. Duties of the office include, but are 1887 not limited to: 1888 (6) In coordination with the Statewide Guardian Ad Litem 1889 Office, identifying supportive adults for children transitioning 1890 out of foster care to live independently in accordance with s. 1891 39.6036. 1892 Section 36. Section 1009.898, Florida Statutes, is created 1893 to read: 1894 1009.898 Fostering Prosperity grants.— 1895 (1) Subject to the appropriation of funds for that purpose 1896 by the Legislature, the Fostering Prosperity program shall 1897 administer the following grants to youth and young adults aging 1898 out of foster care: 1899 (a) Grants to provide financial literacy instruction using 1900 a curriculum developed by the Department of Financial Services 1901 in consultation with the Department of Education. 1902 (b) Grants to provide CLT, SAT, or ACT preparation, 1903 including one-on-one support and fee waivers for the 1904 examinations. 1905 (c) Grants to youth and young adults planning to pursue 1906 trade careers or paid apprenticeships. 1907 (2) If a young adult who is aging out of foster care is 1908 reunited with his or her parent, the grants must remain 1909 available for the young adult for up to 1 year after 1910 reunification. 1911 (3) The State Board of Education shall adopt rules to 1912 administer this section. 1913 Section 37. Subsection (1) of section 29.008, Florida 1914 Statutes, is amended to read: 1915 29.008 County funding of court-related functions.— 1916 (1) Counties are required by s. 14, Art. V of the State 1917 Constitution to fund the cost of communications services, 1918 existing radio systems, existing multiagency criminal justice 1919 information systems, and the cost of construction or lease, 1920 maintenance, utilities, and security of facilities for the 1921 circuit and county courts, public defenders’ offices, state 1922 attorneys’ offices, guardian ad litem offices, and the offices 1923 of the clerks of the circuit and county courts performing court 1924 related functions. For purposes of this section, the term 1925 “circuit and county courts” includes the offices and staffing of 1926 the guardian ad litem officesprograms, and the term “public 1927 defenders’ offices” includes the offices of criminal conflict 1928 and civil regional counsel. The county designated under s. 1929 35.05(1) as the headquarters for each appellate district shall 1930 fund these costs for the appellate division of the public 1931 defender’s office in that county. For purposes of implementing 1932 these requirements, the term: 1933 (a) “Facility” means reasonable and necessary buildings and 1934 office space and appurtenant equipment and furnishings, 1935 structures, real estate, easements, and related interests in 1936 real estate, including, but not limited to, those for the 1937 purpose of housing legal materials for use by the general public 1938 and personnel, equipment, or functions of the circuit or county 1939 courts, public defenders’ offices, state attorneys’ offices, and 1940 court-related functions of the office of the clerks of the 1941 circuit and county courts and all storage. The term “facility” 1942 includes all wiring necessary for court reporting services. The 1943 term also includes access to parking for such facilities in 1944 connection with such court-related functions that may be 1945 available free or from a private provider or a local government 1946 for a fee. The office space provided by a county may not be less 1947 than the standards for space allotment adopted by the Department 1948 of Management Services, except this requirement applies only to 1949 facilities that are leased, or on which construction commences, 1950 after June 30, 2003. County funding must include physical 1951 modifications and improvements to all facilities as are required 1952 for compliance with the Americans with Disabilities Act. Upon 1953 mutual agreement of a county and the affected entity in this 1954 paragraph, the office space provided by the county may vary from 1955 the standards for space allotment adopted by the Department of 1956 Management Services. 1957 1. As of July 1, 2005, equipment and furnishings shall be 1958 limited to that appropriate and customary for courtrooms, 1959 hearing rooms, jury facilities, and other public areas in 1960 courthouses and any other facility occupied by the courts, state 1961 attorneys, public defenders, guardians ad litem, and criminal 1962 conflict and civil regional counsel. Court reporting equipment 1963 in these areas or facilities is not a responsibility of the 1964 county. 1965 2. Equipment and furnishings under this paragraph in 1966 existence and owned by counties on July 1, 2005, except for that 1967 in the possession of the clerks, for areas other than 1968 courtrooms, hearing rooms, jury facilities, and other public 1969 areas in courthouses and any other facility occupied by the 1970 courts, state attorneys, and public defenders, shall be 1971 transferred to the state at no charge. This provision does not 1972 apply to any communications services as defined in paragraph 1973 (f). 1974 (b) “Construction or lease” includes, but is not limited 1975 to, all reasonable and necessary costs of the acquisition or 1976 lease of facilities for all judicial officers, staff, jurors, 1977 volunteers of a tenant agency, and the public for the circuit 1978 and county courts, the public defenders’ offices, state 1979 attorneys’ offices, and for performing the court-related 1980 functions of the offices of the clerks of the circuit and county 1981 courts. This includes expenses related to financing such 1982 facilities and the existing and future cost and bonded 1983 indebtedness associated with placing the facilities in use. 1984 (c) “Maintenance” includes, but is not limited to, all 1985 reasonable and necessary costs of custodial and groundskeeping 1986 services and renovation and reconstruction as needed to 1987 accommodate functions for the circuit and county courts, the 1988 public defenders’ offices, and state attorneys’ offices and for 1989 performing the court-related functions of the offices of the 1990 clerks of the circuit and county court and for maintaining the 1991 facilities in a condition appropriate and safe for the use 1992 intended. 1993 (d) “Utilities” means all electricity services for light, 1994 heat, and power; natural or manufactured gas services for light, 1995 heat, and power; water and wastewater services and systems, 1996 stormwater or runoff services and systems, sewer services and 1997 systems, all costs or fees associated with these services and 1998 systems, and any costs or fees associated with the mitigation of 1999 environmental impacts directly related to the facility. 2000 (e) “Security” includes but is not limited to, all 2001 reasonable and necessary costs of services of law enforcement 2002 officers or licensed security guards and all electronic, 2003 cellular, or digital monitoring and screening devices necessary 2004 to ensure the safety and security of all persons visiting or 2005 working in a facility; to provide for security of the facility, 2006 including protection of property owned by the county or the 2007 state; and for security of prisoners brought to any facility. 2008 This includes bailiffs while providing courtroom and other 2009 security for each judge and other quasi-judicial officers. 2010 (f) “Communications services” are defined as any reasonable 2011 and necessary transmission, emission, and reception of signs, 2012 signals, writings, images, and sounds of intelligence of any 2013 nature by wire, radio, optical, audio equipment, or other 2014 electromagnetic systems and includes all facilities and 2015 equipment owned, leased, or used by judges, clerks, public 2016 defenders, state attorneys, guardians ad litem, criminal 2017 conflict and civil regional counsel, and all staff of the state 2018 courts system, state attorneys’ offices, public defenders’ 2019 offices, and clerks of the circuit and county courts performing 2020 court-related functions. Such system or services shall include, 2021 but not be limited to: 2022 1. Telephone system infrastructure, including computer 2023 lines, telephone switching equipment, and maintenance, and 2024 facsimile equipment, wireless communications, cellular 2025 telephones, pagers, and video teleconferencing equipment and 2026 line charges. Each county shall continue to provide access to a 2027 local carrier for local and long distance service and shall pay 2028 toll charges for local and long distance service. 2029 2. All computer networks, systems and equipment, including 2030 computer hardware and software, modems, printers, wiring, 2031 network connections, maintenance, support staff or services 2032 including any county-funded support staff located in the offices 2033 of the circuit court, county courts, state attorneys, public 2034 defenders, guardians ad litem, and criminal conflict and civil 2035 regional counsel; training, supplies, and line charges necessary 2036 for an integrated computer system to support the operations and 2037 management of the state courts system, the offices of the public 2038 defenders, the offices of the state attorneys, the guardian ad 2039 litem offices, the offices of criminal conflict and civil 2040 regional counsel, and the offices of the clerks of the circuit 2041 and county courts; and the capability to connect those entities 2042 and reporting data to the state as required for the transmission 2043 of revenue, performance accountability, case management, data 2044 collection, budgeting, and auditing purposes. The integrated 2045 computer system shall be operational by July 1, 2006, and, at a 2046 minimum, permit the exchange of financial, performance 2047 accountability, case management, case disposition, and other 2048 data across multiple state and county information systems 2049 involving multiple users at both the state level and within each 2050 judicial circuit and be able to electronically exchange judicial 2051 case background data, sentencing scoresheets, and video evidence 2052 information stored in integrated case management systems over 2053 secure networks. Once the integrated system becomes operational, 2054 counties may reject requests to purchase communications services 2055 included in this subparagraph not in compliance with standards, 2056 protocols, or processes adopted by the board established 2057 pursuant to former s. 29.0086. 2058 3. Courier messenger and subpoena services. 2059 4. Auxiliary aids and services for qualified individuals 2060 with a disability which are necessary to ensure access to the 2061 courts. Such auxiliary aids and services include, but are not 2062 limited to, sign language interpretation services required under 2063 the federal Americans with Disabilities Act other than services 2064 required to satisfy due-process requirements and identified as a 2065 state funding responsibility pursuant to ss. 29.004-29.007, 2066 real-time transcription services for individuals who are hearing 2067 impaired, and assistive listening devices and the equipment 2068 necessary to implement such accommodations. 2069 (g) “Existing radio systems” includes, but is not limited 2070 to, law enforcement radio systems that are used by the circuit 2071 and county courts, the offices of the public defenders, the 2072 offices of the state attorneys, and for court-related functions 2073 of the offices of the clerks of the circuit and county courts. 2074 This includes radio systems that were operational or under 2075 contract at the time Revision No. 7, 1998, to Art. V of the 2076 State Constitution was adopted and any enhancements made 2077 thereafter, the maintenance of those systems, and the personnel 2078 and supplies necessary for operation. 2079 (h) “Existing multiagency criminal justice information 2080 systems” includes, but is not limited to, those components of 2081 the multiagency criminal justice information system as defined 2082 in s. 943.045, supporting the offices of the circuit or county 2083 courts, the public defenders’ offices, the state attorneys’ 2084 offices, or those portions of the offices of the clerks of the 2085 circuit and county courts performing court-related functions 2086 that are used to carry out the court-related activities of those 2087 entities. This includes upgrades and maintenance of the current 2088 equipment, maintenance and upgrades of supporting technology 2089 infrastructure and associated staff, and services and expenses 2090 to assure continued information sharing and reporting of 2091 information to the state. The counties shall also provide 2092 additional information technology services, hardware, and 2093 software as needed for new judges and staff of the state courts 2094 system, state attorneys’ offices, public defenders’ offices, 2095 guardian ad litem offices, and the offices of the clerks of the 2096 circuit and county courts performing court-related functions. 2097 Section 38. Paragraph (a) of subsection (1) of section 2098 39.6011, Florida Statutes, is amended to read: 2099 39.6011 Case plan development.— 2100 (1) The department shall prepare a draft of the case plan 2101 for each child receiving services under this chapter. A parent 2102 of a child may not be threatened or coerced with the loss of 2103 custody or parental rights for failing to admit in the case plan 2104 of abusing, neglecting, or abandoning a child. Participating in 2105 the development of a case plan is not an admission to any 2106 allegation of abuse, abandonment, or neglect, and it is not a 2107 consent to a finding of dependency or termination of parental 2108 rights. The case plan shall be developed subject to the 2109 following requirements: 2110 (a) The case plan must be developed in a face-to-face 2111 conference with the parent of the child, theanycourt-appointed 2112 guardian ad litem, and, if appropriate, the child and the 2113 temporary custodian of the child. 2114 Section 39. Subsection (8) of section 40.24, Florida 2115 Statutes, is amended to read: 2116 40.24 Compensation and reimbursement policy.— 2117 (8) In circuits that elect to allow jurors to donate their 2118 jury service fee upon conclusion of juror service, each juror 2119 may irrevocably donate all of the juror’s compensation to the 26 2120 U.S.C. s. 501(c)(3) organization specified by the Statewide 2121 Guardian ad Litem Officeprogramor to a domestic violence 2122 shelter as specified annually on a rotating basis by the clerk 2123 of court in the circuit for the juror’s county of residence. The 2124 funds collected may not reduce or offset the amount of 2125 compensation that the Statewide Guardian ad Litem Officeprogram2126 or domestic violence shelter would otherwise receive from the 2127 state. The clerk of court shall ensure that all jurors are given 2128 written notice at the conclusion of their service that they have 2129 the option to so donate their compensation, and that the 2130 applicable program specified by the Statewide Guardian ad Litem 2131 Officeprogramor a domestic violence shelter receives all funds 2132 donated by the jurors. Any circuit guardian ad litem office 2133programreceiving donations of juror compensation must expend 2134 such moneys on services for children for whom guardians ad litem 2135 have been appointed. 2136 Section 40. Subsections (5), (6), and (7) of section 43.16, 2137 Florida Statutes, are amended to read: 2138 43.16 Justice Administrative Commission; membership, powers 2139 and duties.— 2140 (5) The duties of the commission shall include, but not be 2141 limited to, the following: 2142 (a) The maintenance of a central state office for 2143 administrative services and assistance when possible to and on 2144 behalf of the state attorneys and public defenders of Florida, 2145 the capital collateral regional counsel of Florida, the criminal 2146 conflict and civil regional counsel, and the Statewide Guardian 2147 Ad Litem OfficeProgram. 2148 (b) Each state attorney, public defender, and criminal 2149 conflict and civil regional counsel and the Statewide Guardian 2150 Ad Litem OfficeProgramshall continue to prepare necessary 2151 budgets, vouchers that represent valid claims for reimbursement 2152 by the state for authorized expenses, and other things 2153 incidental to the proper administrative operation of the office, 2154 such as revenue transmittals to the Chief Financial Officer and 2155 automated systems plans, but will forward such items to the 2156 commission for recording and submission to the proper state 2157 officer. However, when requested by a state attorney, a public 2158 defender, a criminal conflict and civil regional counsel, or the 2159 Statewide Guardian Ad Litem OfficeProgram, the commission will 2160 either assist in the preparation of budget requests, voucher 2161 schedules, and other forms and reports or accomplish the entire 2162 project involved. 2163 (6) The commission, each state attorney, each public 2164 defender, the criminal conflict and civil regional counsel, the 2165 capital collateral regional counsel, and the Statewide Guardian 2166 Ad Litem OfficeProgramshall establish and maintain internal 2167 controls designed to: 2168 (a) Prevent and detect fraud, waste, and abuse as defined 2169 in s. 11.45(1). 2170 (b) Promote and encourage compliance with applicable laws, 2171 rules, contracts, grant agreements, and best practices. 2172 (c) Support economical and efficient operations. 2173 (d) Ensure reliability of financial records and reports. 2174 (e) Safeguard assets. 2175 (7)The provisions contained inThis section isshall be2176 supplemental tothose ofchapter 27, relating to state 2177 attorneys, public defenders, criminal conflict and civil 2178 regional counsel, and capital collateral regional counsel; to 2179those ofchapter 39, relating to the Statewide Guardian Ad Litem 2180 OfficeProgram; or to other laws pertaining hereto. 2181 Section 41. Paragraph (a) of subsection (1) and subsection 2182 (4) of section 61.402, Florida Statutes, are amended to read: 2183 61.402 Qualifications of guardians ad litem.— 2184 (1) A person appointed as a guardian ad litem pursuant to 2185 s. 61.401 must be: 2186 (a) Certified by the Statewide Guardian Ad Litem Office 2187Programpursuant to s. 39.821; 2188 (b) Certified by a not-for-profit legal aid organization as 2189 defined in s. 68.096; or 2190 (c) An attorney who is a member in good standing of The 2191 Florida Bar. 2192 (4) Nothing in this section requires the Statewide Guardian 2193 Ad Litem OfficeProgramor a not-for-profit legal aid 2194 organization to train or certify guardians ad litem appointed 2195 under this chapter. 2196 Section 42. Paragraph (x) of subsection (2) of section 2197 110.205, Florida Statutes, is amended to read: 2198 110.205 Career service; exemptions.— 2199 (2) EXEMPT POSITIONS.—The exempt positions that are not 2200 covered by this part include the following: 2201 (x) All officers and employees of the Justice 2202 Administrative Commission, Office of the State Attorney, Office 2203 of the Public Defender, regional offices of capital collateral 2204 counsel, offices of criminal conflict and civil regional 2205 counsel, and Statewide Guardian Ad Litem Office, including the 2206 circuit guardian ad litem officesprograms. 2207 Section 43. Paragraph (b) of subsection (96) of section 2208 320.08058, Florida Statutes, is amended to read: 2209 320.08058 Specialty license plates.— 2210 (96) GUARDIAN AD LITEM LICENSE PLATES.— 2211 (b) The annual use fees from the sale of the plate shall be 2212 distributed to the Florida Guardian Ad Litem Foundation, Inc., a 2213 direct-support organization and a nonprofit corporation under s. 2214 501(c)(3) of the Internal Revenue Code. Up to 10 percent of the 2215 proceeds may be used for administrative costs and the marketing 2216 of the plate. The remainder of the proceeds must be used in this 2217 state to support the mission and efforts of the Statewide 2218 Guardian Ad Litem OfficeProgramto represent abused, abandoned, 2219 and neglected children and advocate for their best interests; 2220 recruit and retain volunteer child advocates; and meet the 2221 unique needs of the dependent children the program serves. 2222 Section 44. Paragraph (e) of subsection (3) of section 2223 943.053, Florida Statutes, is amended to read: 2224 943.053 Dissemination of criminal justice information; 2225 fees.— 2226 (3) 2227 (e) The fee per record for criminal history information 2228 provided pursuant to this subsection and s. 943.0542 is $24 per 2229 name submitted, except that the fee for the Statewide Guardian 2230 Ad Litem Officeprogramand vendors of the Department of 2231 Children and Families, the Department of Juvenile Justice, the 2232 Agency for Persons with Disabilities, and the Department of 2233 Elderly Affairs is $8 for each name submitted; the fee for a 2234 state criminal history provided for application processing as 2235 required by law to be performed by the Department of Agriculture 2236 and Consumer Services is $15 for each name submitted; and the 2237 fee for requests under s. 943.0542, which implements the 2238 National Child Protection Act, is $18 for each volunteer name 2239 submitted. An office of the public defender or an office of 2240 criminal conflict and civil regional counsel may not be assessed 2241 a fee for Florida criminal history information or wanted person 2242 information. 2243 Section 45. Subsection (2) of section 985.43, Florida 2244 Statutes, is amended to read: 2245 985.43 Predisposition reports; other evaluations.— 2246 (2) The court shall consider the child’s entire assessment 2247 and predisposition report and shall review the records of 2248 earlier judicial proceedings before making a final disposition 2249 of the case. If the child is under the jurisdiction of a 2250 dependency court, the court may receive and consider any 2251 information provided by the Statewide Guardian Ad Litem Office 2252Programand the child’s attorney ad litem, if one is appointed. 2253 The court may, by order, require additional evaluations and 2254 studies to be performed by the department; the county school 2255 system; or any social, psychological, or psychiatric agency of 2256 the state. The court shall order the educational needs 2257 assessment completed under s. 985.18(2) to be included in the 2258 assessment and predisposition report. 2259 Section 46. Subsection (4) of section 985.441, Florida 2260 Statutes, is amended to read: 2261 985.441 Commitment.— 2262 (4) The department may transfer a child, when necessary to 2263 appropriately administer the child’s commitment, from one 2264 facility or program to another facility or program operated, 2265 contracted, subcontracted, or designated by the department, 2266 including a postcommitment nonresidential conditional release 2267 program, except that the department may not transfer any child 2268 adjudicated solely for a misdemeanor to a residential program 2269 except as provided in subsection (2). The department shall 2270 notify the court that committed the child to the department and 2271 any attorney of record for the child, in writing, of its intent 2272 to transfer the child from a commitment facility or program to 2273 another facility or program of a higher or lower restrictiveness 2274 level. If the child is under the jurisdiction of a dependency 2275 court, the department shall also provide notice to the 2276 dependency court,andthe Department of Children and Families, 2277and, if appointed,the Statewide Guardian Ad Litem Office, 2278Programand the child’s attorney ad litem, if one is appointed. 2279 The court that committed the child may agree to the transfer or 2280 may set a hearing to review the transfer. If the court does not 2281 respond within 10 days after receipt of the notice, the transfer 2282 of the child shall be deemed granted. 2283 Section 47. Subsection (3) of section 985.455, Florida 2284 Statutes, is amended to read: 2285 985.455 Other dispositional issues.— 2286 (3) Any commitment of a delinquent child to the department 2287 must be for an indeterminate period of time, which may include 2288 periods of temporary release; however, the period of time may 2289 not exceed the maximum term of imprisonment that an adult may 2290 serve for the same offense, except that the duration of a 2291 minimum-risk nonresidential commitment for an offense that is a 2292 misdemeanor of the second degree, or is equivalent to a 2293 misdemeanor of the second degree, may be for a period not to 2294 exceed 6 months. The duration of the child’s placement in a 2295 commitment program of any restrictiveness level shall be based 2296 on objective performance-based treatment planning. The child’s 2297 treatment plan progress and adjustment-related issues shall be 2298 reported to the court quarterly, unless the court requests 2299 monthly reports. If the child is under the jurisdiction of a 2300 dependency court, the court may receive and consider any 2301 information provided by the Statewide Guardian Ad Litem Office 2302Programor the child’s attorney ad litem, if one is appointed. 2303 The child’s length of stay in a commitment program may be 2304 extended if the child fails to comply with or participate in 2305 treatment activities. The child’s length of stay in the program 2306 shall not be extended for purposes of sanction or punishment. 2307 Any temporary release from such program must be approved by the 2308 court. Any child so committed may be discharged from 2309 institutional confinement or a program upon the direction of the 2310 department with the concurrence of the court. The child’s 2311 treatment plan progress and adjustment-related issues must be 2312 communicated to the court at the time the department requests 2313 the court to consider releasing the child from the commitment 2314 program. The department shall give the court that committed the 2315 child to the department reasonable notice, in writing, of its 2316 desire to discharge the child from a commitment facility. The 2317 court that committed the child may thereafter accept or reject 2318 the request. If the court does not respond within 10 days after 2319 receipt of the notice, the request of the department shall be 2320 deemed granted. This section does not limit the department’s 2321 authority to revoke a child’s temporary release status and 2322 return the child to a commitment facility for any violation of 2323 the terms and conditions of the temporary release. 2324 Section 48. Paragraph (b) of subsection (4) of section 2325 985.461, Florida Statutes, is amended to read: 2326 985.461 Transition to adulthood.— 2327 (4) As part of the child’s treatment plan, the department 2328 may provide transition-to-adulthood services to children 2329 released from residential commitment. To support participation 2330 in transition-to-adulthood services and subject to 2331 appropriation, the department may: 2332 (b) Use community reentry teams to assist in the 2333 development of a list of age-appropriate activities and 2334 responsibilities to be incorporated in the child’s written case 2335 plan for any youth who is under the custody or supervision of 2336 the department. Community reentry teams may include 2337 representatives from school districts, law enforcement, 2338 workforce development services, community-based service 2339 providers, the Statewide Guardian Ad Litem OfficeProgram, and 2340 the youth’s family. Such community reentry teams must be created 2341 within existing resources provided to the department. Activities 2342 may include, but are not limited to, life skills training, 2343 including training to develop banking and budgeting skills, 2344 interviewing and career planning skills, parenting skills, 2345 personal health management, and time management or 2346 organizational skills; educational support; employment training; 2347 and counseling. 2348 Section 49. Subsection (11) of section 985.48, Florida 2349 Statutes, is amended to read: 2350 985.48 Juvenile sexual offender commitment programs; sexual 2351 abuse intervention networks.— 2352 (11) Membership of a sexual abuse intervention network 2353 shall include, but is not limited to, representatives from: 2354 (a) Local law enforcement agencies; 2355 (b) Local school boards; 2356 (c) Child protective investigators; 2357 (d) The office of the state attorney; 2358 (e) The office of the public defender; 2359 (f) The juvenile division of the circuit court; 2360 (g) Professionals licensed under chapter 458, chapter 459, 2361 s. 490.0145, or s. 491.0144 providing treatment for juvenile 2362 sexual offenders or their victims; 2363 (h) The Statewide Guardian Ad Litem Officeprogram; 2364 (i) The Department of Juvenile Justice; and 2365 (j) The Department of Children and Families. 2366 Section 50. Subsection (1) of section 39.302, Florida 2367 Statutes, is amended to read: 2368 39.302 Protective investigations of institutional child 2369 abuse, abandonment, or neglect.— 2370 (1) The department shall conduct a child protective 2371 investigation of each report of institutional child abuse, 2372 abandonment, or neglect. Upon receipt of a report that alleges 2373 that an employee or agent of the department, or any other entity 2374 or person covered by s. 39.01(39) or (57)s. 39.01(36) or (54), 2375 acting in an official capacity, has committed an act of child 2376 abuse, abandonment, or neglect, the department shall initiate a 2377 child protective investigation within the timeframe established 2378 under s. 39.101(2) and notify the appropriate state attorney, 2379 law enforcement agency, and licensing agency, which shall 2380 immediately conduct a joint investigation, unless independent 2381 investigations are more feasible. When conducting investigations 2382 or having face-to-face interviews with the child, investigation 2383 visits shall be unannounced unless it is determined by the 2384 department or its agent that unannounced visits threaten the 2385 safety of the child. If a facility is exempt from licensing, the 2386 department shall inform the owner or operator of the facility of 2387 the report. Each agency conducting a joint investigation is 2388 entitled to full access to the information gathered by the 2389 department in the course of the investigation. A protective 2390 investigation must include an interview with the child’s parent 2391 or legal guardian. The department shall make a full written 2392 report to the state attorney within 3 business days after making 2393 the oral report. A criminal investigation shall be coordinated, 2394 whenever possible, with the child protective investigation of 2395 the department. Any interested person who has information 2396 regarding the offenses described in this subsection may forward 2397 a statement to the state attorney as to whether prosecution is 2398 warranted and appropriate. Within 15 days after the completion 2399 of the investigation, the state attorney shall report the 2400 findings to the department and shall include in the report a 2401 determination of whether or not prosecution is justified and 2402 appropriate in view of the circumstances of the specific case. 2403 Section 51. Paragraph (c) of subsection (1) of section 2404 39.521, Florida Statutes, is amended to read: 2405 39.521 Disposition hearings; powers of disposition.— 2406 (1) A disposition hearing shall be conducted by the court, 2407 if the court finds that the facts alleged in the petition for 2408 dependency were proven in the adjudicatory hearing, or if the 2409 parents or legal custodians have consented to the finding of 2410 dependency or admitted the allegations in the petition, have 2411 failed to appear for the arraignment hearing after proper 2412 notice, or have not been located despite a diligent search 2413 having been conducted. 2414 (c) When any child is adjudicated by a court to be 2415 dependent, the court having jurisdiction of the child has the 2416 power by order to: 2417 1. Require the parent and, when appropriate, the legal 2418 guardian or the child to participate in treatment and services 2419 identified as necessary. The court may require the person who 2420 has custody or who is requesting custody of the child to submit 2421 to a mental health or substance abuse disorder assessment or 2422 evaluation. The order may be made only upon good cause shown and 2423 pursuant to notice and procedural requirements provided under 2424 the Florida Rules of Juvenile Procedure. The mental health 2425 assessment or evaluation must be administered by a qualified 2426 professional as defined in s. 39.01, and the substance abuse 2427 assessment or evaluation must be administered by a qualified 2428 professional as defined in s. 397.311. The court may also 2429 require such person to participate in and comply with treatment 2430 and services identified as necessary, including, when 2431 appropriate and available, participation in and compliance with 2432 a mental health court program established under chapter 394 or a 2433 treatment-based drug court program established under s. 397.334. 2434 Adjudication of a child as dependent based upon evidence of harm 2435 as defined in s. 39.01(37)(g)s. 39.01(34)(g)demonstrates good 2436 cause, and the court shall require the parent whose actions 2437 caused the harm to submit to a substance abuse disorder 2438 assessment or evaluation and to participate and comply with 2439 treatment and services identified in the assessment or 2440 evaluation as being necessary. In addition to supervision by the 2441 department, the court, including the mental health court program 2442 or the treatment-based drug court program, may oversee the 2443 progress and compliance with treatment by a person who has 2444 custody or is requesting custody of the child. The court may 2445 impose appropriate available sanctions for noncompliance upon a 2446 person who has custody or is requesting custody of the child or 2447 make a finding of noncompliance for consideration in determining 2448 whether an alternative placement of the child is in the child’s 2449 best interests. Any order entered under this subparagraph may be 2450 made only upon good cause shown. This subparagraph does not 2451 authorize placement of a child with a person seeking custody of 2452 the child, other than the child’s parent or legal custodian, who 2453 requires mental health or substance abuse disorder treatment. 2454 2. Require, if the court deems necessary, the parties to 2455 participate in dependency mediation. 2456 3. Require placement of the child either under the 2457 protective supervision of an authorized agent of the department 2458 in the home of one or both of the child’s parents or in the home 2459 of a relative of the child or another adult approved by the 2460 court, or in the custody of the department. Protective 2461 supervision continues until the court terminates it or until the 2462 child reaches the age of 18, whichever date is first. Protective 2463 supervision shall be terminated by the court whenever the court 2464 determines that permanency has been achieved for the child, 2465 whether with a parent, another relative, or a legal custodian, 2466 and that protective supervision is no longer needed. The 2467 termination of supervision may be with or without retaining 2468 jurisdiction, at the court’s discretion, and shall in either 2469 case be considered a permanency option for the child. The order 2470 terminating supervision by the department must set forth the 2471 powers of the custodian of the child and include the powers 2472 ordinarily granted to a guardian of the person of a minor unless 2473 otherwise specified. Upon the court’s termination of supervision 2474 by the department, further judicial reviews are not required if 2475 permanency has been established for the child. 2476 4. Determine whether the child has a strong attachment to 2477 the prospective permanent guardian and whether such guardian has 2478 a strong commitment to permanently caring for the child. 2479 Section 52. Paragraph (c) of subsection (2) of section 2480 61.13, Florida Statutes, is amended to read: 2481 61.13 Support of children; parenting and time-sharing; 2482 powers of court.— 2483 (2) 2484 (c) The court shall determine all matters relating to 2485 parenting and time-sharing of each minor child of the parties in 2486 accordance with the best interests of the child and in 2487 accordance with the Uniform Child Custody Jurisdiction and 2488 Enforcement Act, except that modification of a parenting plan 2489 and time-sharing schedule requires a showing of a substantial 2490 and material change of circumstances. 2491 1. It is the public policy of this state that each minor 2492 child has frequent and continuing contact with both parents 2493 after the parents separate or the marriage of the parties is 2494 dissolved and to encourage parents to share the rights and 2495 responsibilities, and joys, of childrearing. Unless otherwise 2496 provided in this section or agreed to by the parties, there is a 2497 rebuttable presumption that equal time-sharing of a minor child 2498 is in the best interests of the minor child. To rebut this 2499 presumption, a party must prove by a preponderance of the 2500 evidence that equal time-sharing is not in the best interests of 2501 the minor child. Except when a time-sharing schedule is agreed 2502 to by the parties and approved by the court, the court must 2503 evaluate all of the factors set forth in subsection (3) and make 2504 specific written findings of fact when creating or modifying a 2505 time-sharing schedule. 2506 2. The court shall order that the parental responsibility 2507 for a minor child be shared by both parents unless the court 2508 finds that shared parental responsibility would be detrimental 2509 to the child. In determining detriment to the child, the court 2510 shall consider: 2511 a. Evidence of domestic violence, as defined in s. 741.28; 2512 b. Whether either parent has or has had reasonable cause to 2513 believe that he or she or his or her minor child or children are 2514 or have been in imminent danger of becoming victims of an act of 2515 domestic violence as defined in s. 741.28 or sexual violence as 2516 defined in s. 784.046(1)(c) by the other parent against the 2517 parent or against the child or children whom the parents share 2518 in common regardless of whether a cause of action has been 2519 brought or is currently pending in the court; 2520 c. Whether either parent has or has had reasonable cause to 2521 believe that his or her minor child or children are or have been 2522 in imminent danger of becoming victims of an act of abuseas2523defined in s. 39.01(2), abandonmentas defined in s. 39.01(1), 2524 or neglect, as those terms are defined in s. 39.01,s. 39.01(50)2525 by the other parent against the child or children whom the 2526 parents share in common regardless of whether a cause of action 2527 has been brought or is currently pending in the court; and 2528 d. Any other relevant factors. 2529 3. The following evidence creates a rebuttable presumption 2530 that shared parental responsibility is detrimental to the child: 2531 a. A parent has been convicted of a misdemeanor of the 2532 first degree or higher involving domestic violence, as defined 2533 in s. 741.28 and chapter 775; 2534 b. A parent meets the criteria of s. 39.806(1)(d); or 2535 c. A parent has been convicted of or had adjudication 2536 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 2537 at the time of the offense: 2538 (I) The parent was 18 years of age or older. 2539 (II) The victim was under 18 years of age or the parent 2540 believed the victim to be under 18 years of age. 2541 2542 If the presumption is not rebutted after the convicted parent is 2543 advised by the court that the presumption exists, shared 2544 parental responsibility, including time-sharing with the child, 2545 and decisions made regarding the child, may not be granted to 2546 the convicted parent. However, the convicted parent is not 2547 relieved of any obligation to provide financial support. If the 2548 court determines that shared parental responsibility would be 2549 detrimental to the child, it may order sole parental 2550 responsibility and make such arrangements for time-sharing as 2551 specified in the parenting plan as will best protect the child 2552 or abused spouse from further harm. Whether or not there is a 2553 conviction of any offense of domestic violence or child abuse or 2554 the existence of an injunction for protection against domestic 2555 violence, the court shall consider evidence of domestic violence 2556 or child abuse as evidence of detriment to the child. 2557 4. In ordering shared parental responsibility, the court 2558 may consider the expressed desires of the parents and may grant 2559 to one party the ultimate responsibility over specific aspects 2560 of the child’s welfare or may divide those responsibilities 2561 between the parties based on the best interests of the child. 2562 Areas of responsibility may include education, health care, and 2563 any other responsibilities that the court finds unique to a 2564 particular family. 2565 5. The court shall order sole parental responsibility for a 2566 minor child to one parent, with or without time-sharing with the 2567 other parent if it is in the best interests of the minor child. 2568 6. There is a rebuttable presumption against granting time 2569 sharing with a minor child if a parent has been convicted of or 2570 had adjudication withheld for an offense enumerated in s. 2571 943.0435(1)(h)1.a., and at the time of the offense: 2572 a. The parent was 18 years of age or older. 2573 b. The victim was under 18 years of age or the parent 2574 believed the victim to be under 18 years of age. 2575 2576 A parent may rebut the presumption upon a specific finding in 2577 writing by the court that the parent poses no significant risk 2578 of harm to the child and that time-sharing is in the best 2579 interests of the minor child. If the presumption is rebutted, 2580 the court must consider all time-sharing factors in subsection 2581 (3) when developing a time-sharing schedule. 2582 7. Access to records and information pertaining to a minor 2583 child, including, but not limited to, medical, dental, and 2584 school records, may not be denied to either parent. Full rights 2585 under this subparagraph apply to either parent unless a court 2586 order specifically revokes these rights, including any 2587 restrictions on these rights as provided in a domestic violence 2588 injunction. A parent having rights under this subparagraph has 2589 the same rights upon request as to form, substance, and manner 2590 of access as are available to the other parent of a child, 2591 including, without limitation, the right to in-person 2592 communication with medical, dental, and education providers. 2593 Section 53. Paragraph (d) of subsection (4) of section 2594 119.071, Florida Statutes, is amended to read: 2595 119.071 General exemptions from inspection or copying of 2596 public records.— 2597 (4) AGENCY PERSONNEL INFORMATION.— 2598 (d)1. For purposes of this paragraph, the term: 2599 a. “Home addresses” means the dwelling location at which an 2600 individual resides and includes the physical address, mailing 2601 address, street address, parcel identification number, plot 2602 identification number, legal property description, neighborhood 2603 name and lot number, GPS coordinates, and any other descriptive 2604 property information that may reveal the home address. 2605 b. “Judicial assistant” means a court employee assigned to 2606 the following class codes: 8140, 8150, 8310, and 8320. 2607 c. “Telephone numbers” includes home telephone numbers, 2608 personal cellular telephone numbers, personal pager telephone 2609 numbers, and telephone numbers associated with personal 2610 communications devices. 2611 2.a. The home addresses, telephone numbers, dates of birth, 2612 and photographs of active or former sworn law enforcement 2613 personnel or of active or former civilian personnel employed by 2614 a law enforcement agency, including correctional and 2615 correctional probation officers, personnel of the Department of 2616 Children and Families whose duties include the investigation of 2617 abuse, neglect, exploitation, fraud, theft, or other criminal 2618 activities, personnel of the Department of Health whose duties 2619 are to support the investigation of child abuse or neglect, and 2620 personnel of the Department of Revenue or local governments 2621 whose responsibilities include revenue collection and 2622 enforcement or child support enforcement; the names, home 2623 addresses, telephone numbers, photographs, dates of birth, and 2624 places of employment of the spouses and children of such 2625 personnel; and the names and locations of schools and day care 2626 facilities attended by the children of such personnel are exempt 2627 from s. 119.07(1) and s. 24(a), Art. I of the State 2628 Constitution. 2629 b. The home addresses, telephone numbers, dates of birth, 2630 and photographs of current or former nonsworn investigative 2631 personnel of the Department of Financial Services whose duties 2632 include the investigation of fraud, theft, workers’ compensation 2633 coverage requirements and compliance, other related criminal 2634 activities, or state regulatory requirement violations; the 2635 names, home addresses, telephone numbers, dates of birth, and 2636 places of employment of the spouses and children of such 2637 personnel; and the names and locations of schools and day care 2638 facilities attended by the children of such personnel are exempt 2639 from s. 119.07(1) and s. 24(a), Art. I of the State 2640 Constitution. 2641 c. The home addresses, telephone numbers, dates of birth, 2642 and photographs of current or former nonsworn investigative 2643 personnel of the Office of Financial Regulation’s Bureau of 2644 Financial Investigations whose duties include the investigation 2645 of fraud, theft, other related criminal activities, or state 2646 regulatory requirement violations; the names, home addresses, 2647 telephone numbers, dates of birth, and places of employment of 2648 the spouses and children of such personnel; and the names and 2649 locations of schools and day care facilities attended by the 2650 children of such personnel are exempt from s. 119.07(1) and s. 2651 24(a), Art. I of the State Constitution. 2652 d. The home addresses, telephone numbers, dates of birth, 2653 and photographs of current or former firefighters certified in 2654 compliance with s. 633.408; the names, home addresses, telephone 2655 numbers, photographs, dates of birth, and places of employment 2656 of the spouses and children of such firefighters; and the names 2657 and locations of schools and day care facilities attended by the 2658 children of such firefighters are exempt from s. 119.07(1) and 2659 s. 24(a), Art. I of the State Constitution. 2660 e. The home addresses, dates of birth, and telephone 2661 numbers of current or former justices of the Supreme Court, 2662 district court of appeal judges, circuit court judges, and 2663 county court judges,andofcurrent judicial assistants; the 2664 names, home addresses, telephone numbers, dates of birth, and 2665 places of employment of the spouses and children of current or 2666 former justices and judges andofcurrent judicial assistants; 2667 and the names and locations of schools and day care facilities 2668 attended by the children of current or former justices and 2669 judges and of current judicial assistants are exempt from s. 2670 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2671 sub-subparagraph is subject to the Open Government Sunset Review 2672 Act in accordance with s. 119.15 and shall stand repealed on 2673 October 2, 2028, unless reviewed and saved from repeal through 2674 reenactment by the Legislature. 2675 f. The home addresses, telephone numbers, dates of birth, 2676 and photographs of current or former state attorneys, assistant 2677 state attorneys, statewide prosecutors, or assistant statewide 2678 prosecutors; the names, home addresses, telephone numbers, 2679 photographs, dates of birth, and places of employment of the 2680 spouses and children of current or former state attorneys, 2681 assistant state attorneys, statewide prosecutors, or assistant 2682 statewide prosecutors; and the names and locations of schools 2683 and day care facilities attended by the children of current or 2684 former state attorneys, assistant state attorneys, statewide 2685 prosecutors, or assistant statewide prosecutors are exempt from 2686 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2687 g. The home addresses, dates of birth, and telephone 2688 numbers of general magistrates, special magistrates, judges of 2689 compensation claims, administrative law judges of the Division 2690 of Administrative Hearings, and child support enforcement 2691 hearing officers; the names, home addresses, telephone numbers, 2692 dates of birth, and places of employment of the spouses and 2693 children of general magistrates, special magistrates, judges of 2694 compensation claims, administrative law judges of the Division 2695 of Administrative Hearings, and child support enforcement 2696 hearing officers; and the names and locations of schools and day 2697 care facilities attended by the children of general magistrates, 2698 special magistrates, judges of compensation claims, 2699 administrative law judges of the Division of Administrative 2700 Hearings, and child support enforcement hearing officers are 2701 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2702 Constitution. 2703 h. The home addresses, telephone numbers, dates of birth, 2704 and photographs of current or former human resource, labor 2705 relations, or employee relations directors, assistant directors, 2706 managers, or assistant managers of any local government agency 2707 or water management district whose duties include hiring and 2708 firing employees, labor contract negotiation, administration, or 2709 other personnel-related duties; the names, home addresses, 2710 telephone numbers, dates of birth, and places of employment of 2711 the spouses and children of such personnel; and the names and 2712 locations of schools and day care facilities attended by the 2713 children of such personnel are exempt from s. 119.07(1) and s. 2714 24(a), Art. I of the State Constitution. 2715 i. The home addresses, telephone numbers, dates of birth, 2716 and photographs of current or former code enforcement officers; 2717 the names, home addresses, telephone numbers, dates of birth, 2718 and places of employment of the spouses and children of such 2719 personnel; and the names and locations of schools and day care 2720 facilities attended by the children of such personnel are exempt 2721 from s. 119.07(1) and s. 24(a), Art. I of the State 2722 Constitution. 2723 j. The home addresses, telephone numbers, places of 2724 employment, dates of birth, and photographs of current or former 2725 guardians ad litem, as defined in s. 39.01s. 39.820; the names, 2726 home addresses, telephone numbers, dates of birth, and places of 2727 employment of the spouses and children of such persons; and the 2728 names and locations of schools and day care facilities attended 2729 by the children of such persons are exempt from s. 119.07(1) and 2730 s. 24(a), Art. I of the State Constitution. 2731 k. The home addresses, telephone numbers, dates of birth, 2732 and photographs of current or former juvenile probation 2733 officers, juvenile probation supervisors, detention 2734 superintendents, assistant detention superintendents, juvenile 2735 justice detention officers I and II, juvenile justice detention 2736 officer supervisors, juvenile justice residential officers, 2737 juvenile justice residential officer supervisors I and II, 2738 juvenile justice counselors, juvenile justice counselor 2739 supervisors, human services counselor administrators, senior 2740 human services counselor administrators, rehabilitation 2741 therapists, and social services counselors of the Department of 2742 Juvenile Justice; the names, home addresses, telephone numbers, 2743 dates of birth, and places of employment of spouses and children 2744 of such personnel; and the names and locations of schools and 2745 day care facilities attended by the children of such personnel 2746 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2747 Constitution. 2748 l. The home addresses, telephone numbers, dates of birth, 2749 and photographs of current or former public defenders, assistant 2750 public defenders, criminal conflict and civil regional counsel, 2751 and assistant criminal conflict and civil regional counsel; the 2752 names, home addresses, telephone numbers, dates of birth, and 2753 places of employment of the spouses and children of current or 2754 former public defenders, assistant public defenders, criminal 2755 conflict and civil regional counsel, and assistant criminal 2756 conflict and civil regional counsel; and the names and locations 2757 of schools and day care facilities attended by the children of 2758 current or former public defenders, assistant public defenders, 2759 criminal conflict and civil regional counsel, and assistant 2760 criminal conflict and civil regional counsel are exempt from s. 2761 119.07(1) and s. 24(a), Art. I of the State Constitution. 2762 m. The home addresses, telephone numbers, dates of birth, 2763 and photographs of current or former investigators or inspectors 2764 of the Department of Business and Professional Regulation; the 2765 names, home addresses, telephone numbers, dates of birth, and 2766 places of employment of the spouses and children of such current 2767 or former investigators and inspectors; and the names and 2768 locations of schools and day care facilities attended by the 2769 children of such current or former investigators and inspectors 2770 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2771 Constitution. 2772 n. The home addresses, telephone numbers, and dates of 2773 birth of county tax collectors; the names, home addresses, 2774 telephone numbers, dates of birth, and places of employment of 2775 the spouses and children of such tax collectors; and the names 2776 and locations of schools and day care facilities attended by the 2777 children of such tax collectors are exempt from s. 119.07(1) and 2778 s. 24(a), Art. I of the State Constitution. 2779 o. The home addresses, telephone numbers, dates of birth, 2780 and photographs of current or former personnel of the Department 2781 of Health whose duties include, or result in, the determination 2782 or adjudication of eligibility for social security disability 2783 benefits, the investigation or prosecution of complaints filed 2784 against health care practitioners, or the inspection of health 2785 care practitioners or health care facilities licensed by the 2786 Department of Health; the names, home addresses, telephone 2787 numbers, dates of birth, and places of employment of the spouses 2788 and children of such personnel; and the names and locations of 2789 schools and day care facilities attended by the children of such 2790 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 2791 the State Constitution. 2792 p. The home addresses, telephone numbers, dates of birth, 2793 and photographs of current or former impaired practitioner 2794 consultants who are retained by an agency or current or former 2795 employees of an impaired practitioner consultant whose duties 2796 result in a determination of a person’s skill and safety to 2797 practice a licensed profession; the names, home addresses, 2798 telephone numbers, dates of birth, and places of employment of 2799 the spouses and children of such consultants or their employees; 2800 and the names and locations of schools and day care facilities 2801 attended by the children of such consultants or employees are 2802 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2803 Constitution. 2804 q. The home addresses, telephone numbers, dates of birth, 2805 and photographs of current or former emergency medical 2806 technicians or paramedics certified under chapter 401; the 2807 names, home addresses, telephone numbers, dates of birth, and 2808 places of employment of the spouses and children of such 2809 emergency medical technicians or paramedics; and the names and 2810 locations of schools and day care facilities attended by the 2811 children of such emergency medical technicians or paramedics are 2812 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2813 Constitution. 2814 r. The home addresses, telephone numbers, dates of birth, 2815 and photographs of current or former personnel employed in an 2816 agency’s office of inspector general or internal audit 2817 department whose duties include auditing or investigating waste, 2818 fraud, abuse, theft, exploitation, or other activities that 2819 could lead to criminal prosecution or administrative discipline; 2820 the names, home addresses, telephone numbers, dates of birth, 2821 and places of employment of spouses and children of such 2822 personnel; and the names and locations of schools and day care 2823 facilities attended by the children of such personnel are exempt 2824 from s. 119.07(1) and s. 24(a), Art. I of the State 2825 Constitution. 2826 s. The home addresses, telephone numbers, dates of birth, 2827 and photographs of current or former directors, managers, 2828 supervisors, nurses, and clinical employees of an addiction 2829 treatment facility; the home addresses, telephone numbers, 2830 photographs, dates of birth, and places of employment of the 2831 spouses and children of such personnel; and the names and 2832 locations of schools and day care facilities attended by the 2833 children of such personnel are exempt from s. 119.07(1) and s. 2834 24(a), Art. I of the State Constitution. For purposes of this 2835 sub-subparagraph, the term “addiction treatment facility” means 2836 a county government, or agency thereof, that is licensed 2837 pursuant to s. 397.401 and provides substance abuse prevention, 2838 intervention, or clinical treatment, including any licensed 2839 service component described in s. 397.311(26). 2840 t. The home addresses, telephone numbers, dates of birth, 2841 and photographs of current or former directors, managers, 2842 supervisors, and clinical employees of a child advocacy center 2843 that meets the standards of s. 39.3035(2) and fulfills the 2844 screening requirement of s. 39.3035(3), and the members of a 2845 Child Protection Team as described in s. 39.303 whose duties 2846 include supporting the investigation of child abuse or sexual 2847 abuse, child abandonment, child neglect, and child exploitation 2848 or to provide services as part of a multidisciplinary case 2849 review team; the names, home addresses, telephone numbers, 2850 photographs, dates of birth, and places of employment of the 2851 spouses and children of such personnel and members; and the 2852 names and locations of schools and day care facilities attended 2853 by the children of such personnel and members are exempt from s. 2854 119.07(1) and s. 24(a), Art. I of the State Constitution. 2855 u. The home addresses, telephone numbers, places of 2856 employment, dates of birth, and photographs of current or former 2857 staff and domestic violence advocates, as defined in s. 2858 90.5036(1)(b), of domestic violence centers certified by the 2859 Department of Children and Families under chapter 39; the names, 2860 home addresses, telephone numbers, places of employment, dates 2861 of birth, and photographs of the spouses and children of such 2862 personnel; and the names and locations of schools and day care 2863 facilities attended by the children of such personnel are exempt 2864 from s. 119.07(1) and s. 24(a), Art. I of the State 2865 Constitution. 2866 v. The home addresses, telephone numbers, dates of birth, 2867 and photographs of current or former inspectors or investigators 2868 of the Department of Agriculture and Consumer Services; the 2869 names, home addresses, telephone numbers, dates of birth, and 2870 places of employment of the spouses and children of current or 2871 former inspectors or investigators; and the names and locations 2872 of schools and day care facilities attended by the children of 2873 current or former inspectors or investigators are exempt from s. 2874 119.07(1) and s. 24(a), Art. I of the State Constitution. This 2875 sub-subparagraph is subject to the Open Government Sunset Review 2876 Act in accordance with s. 119.15 and shall stand repealed on 2877 October 2, 2028, unless reviewed and saved from repeal through 2878 reenactment by the Legislature. 2879 3. An agency that is the custodian of the information 2880 specified in subparagraph 2. and that is not the employer of the 2881 officer, employee, justice, judge, or other person specified in 2882 subparagraph 2. must maintain the exempt status of that 2883 information only if the officer, employee, justice, judge, other 2884 person, or employing agency of the designated employee submits a 2885 written and notarized request for maintenance of the exemption 2886 to the custodial agency. The request must state under oath the 2887 statutory basis for the individual’s exemption request and 2888 confirm the individual’s status as a party eligible for exempt 2889 status. 2890 4.a. A county property appraiser, as defined in s. 2891 192.001(3), or a county tax collector, as defined in s. 2892 192.001(4), who receives a written and notarized request for 2893 maintenance of the exemption pursuant to subparagraph 3. must 2894 comply by removing the name of the individual with exempt status 2895 and the instrument number or Official Records book and page 2896 number identifying the property with the exempt status from all 2897 publicly available records maintained by the property appraiser 2898 or tax collector. For written requests received on or before 2899 July 1, 2021, a county property appraiser or county tax 2900 collector must comply with this sub-subparagraph by October 1, 2901 2021. A county property appraiser or county tax collector may 2902 not remove the street address, legal description, or other 2903 information identifying real property within the agency’s 2904 records so long as a name or personal information otherwise 2905 exempt from inspection and copying pursuant to this section is 2906 not associated with the property or otherwise displayed in the 2907 public records of the agency. 2908 b. Any information restricted from public display, 2909 inspection, or copying under sub-subparagraph a. must be 2910 provided to the individual whose information was removed. 2911 5. An officer, an employee, a justice, a judge, or other 2912 person specified in subparagraph 2. may submit a written request 2913 for the release of his or her exempt information to the 2914 custodial agency. The written request must be notarized and must 2915 specify the information to be released and the party authorized 2916 to receive the information. Upon receipt of the written request, 2917 the custodial agency must release the specified information to 2918 the party authorized to receive such information. 2919 6. The exemptions in this paragraph apply to information 2920 held by an agency before, on, or after the effective date of the 2921 exemption. 2922 7. Information made exempt under this paragraph may be 2923 disclosed pursuant to s. 28.2221 to a title insurer authorized 2924 pursuant to s. 624.401 and its affiliates as defined in s. 2925 624.10; a title insurance agent or title insurance agency as 2926 defined in s. 626.841(1) or (2), respectively; or an attorney 2927 duly admitted to practice law in this state and in good standing 2928 with The Florida Bar. 2929 8. The exempt status of a home address contained in the 2930 Official Records is maintained only during the period when a 2931 protected party resides at the dwelling location. Upon 2932 conveyance of real property after October 1, 2021, and when such 2933 real property no longer constitutes a protected party’s home 2934 address as defined in sub-subparagraph 1.a., the protected party 2935 must submit a written request to release the removed information 2936 to the county recorder. The written request to release the 2937 removed information must be notarized, must confirm that a 2938 protected party’s request for release is pursuant to a 2939 conveyance of his or her dwelling location, and must specify the 2940 Official Records book and page, instrument number, or clerk’s 2941 file number for each document containing the information to be 2942 released. 2943 9. Upon the death of a protected party as verified by a 2944 certified copy of a death certificate or court order, any party 2945 can request the county recorder to release a protected 2946 decedent’s removed information unless there is a related request 2947 on file with the county recorder for continued removal of the 2948 decedent’s information or unless such removal is otherwise 2949 prohibited by statute or by court order. The written request to 2950 release the removed information upon the death of a protected 2951 party must attach the certified copy of a death certificate or 2952 court order and must be notarized, must confirm the request for 2953 release is due to the death of a protected party, and must 2954 specify the Official Records book and page number, instrument 2955 number, or clerk’s file number for each document containing the 2956 information to be released. A fee may not be charged for the 2957 release of any document pursuant to such request. 2958 10. Except as otherwise expressly provided in this 2959 paragraph, this paragraph is subject to the Open Government 2960 Sunset Review Act in accordance with s. 119.15 and shall stand 2961 repealed on October 2, 2024, unless reviewed and saved from 2962 repeal through reenactment by the Legislature. 2963 Section 54. Subsection (4) of section 322.09, Florida 2964 Statutes, is amended to read: 2965 322.09 Application of minors; responsibility for negligence 2966 or misconduct of minor.— 2967 (4) Notwithstanding subsections (1) and (2), if a caregiver 2968 of a minor who is under the age of 18 years and is in out-of 2969 home care as defined in s. 39.01s. 39.01(55), an authorized 2970 representative of a residential group home at which such a minor 2971 resides, the caseworker at the agency at which the state has 2972 placed the minor, or a guardian ad litem specifically authorized 2973 by the minor’s caregiver to sign for a learner’s driver license 2974 signs the minor’s application for a learner’s driver license, 2975 that caregiver, group home representative, caseworker, or 2976 guardian ad litem does not assume any obligation or become 2977 liable for any damages caused by the negligence or willful 2978 misconduct of the minor by reason of having signed the 2979 application. Before signing the application, the caseworker, 2980 authorized group home representative, or guardian ad litem shall 2981 notify the caregiver or other responsible party of his or her 2982 intent to sign and verify the application. 2983 Section 55. Paragraph (p) of subsection (4) of section 2984 394.495, Florida Statutes, is amended to read: 2985 394.495 Child and adolescent mental health system of care; 2986 programs and services.— 2987 (4) The array of services may include, but is not limited 2988 to: 2989 (p) Trauma-informed services for children who have suffered 2990 sexual exploitation as defined in s. 39.01(80)(g)s.299139.01(77)(g). 2992 Section 56. Section 627.746, Florida Statutes, is amended 2993 to read: 2994 627.746 Coverage for minors who have a learner’s driver 2995 license; additional premium prohibited.—An insurer that issues 2996 an insurance policy on a private passenger motor vehicle to a 2997 named insured who is a caregiver of a minor who is under the age 2998 of 18 years and is in out-of-home care as defined in s. 39.01s.299939.01(55)may not charge an additional premium for coverage of 3000 the minor while the minor is operating the insured vehicle, for 3001 the period of time that the minor has a learner’s driver 3002 license, until such time as the minor obtains a driver license. 3003 Section 57. Paragraph (c) of subsection (1) of section 3004 934.255, Florida Statutes, is amended to read: 3005 934.255 Subpoenas in investigations of sexual offenses.— 3006 (1) As used in this section, the term: 3007 (c) “Sexual abuse of a child” means a criminal offense 3008 based on any conduct described in s. 39.01(80)s. 39.01(77). 3009 Section 58. Subsection (5) of section 960.065, Florida 3010 Statutes, is amended to read: 3011 960.065 Eligibility for awards.— 3012 (5) A person is not ineligible for an award pursuant to 3013 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3014 person is a victim of sexual exploitation of a child as defined 3015 in s. 39.01(80)(g)s. 39.01(77)(g). 3016 Section 59. Section 741.29, Florida Statutes, is amended to 3017 read: 3018 741.29 Domestic violence; investigation of incidents; 3019 notice to victims of legal rights and remedies; reporting.— 3020 (1) Any law enforcement officer who investigates an alleged 3021 incident of domestic violence shall: 3022 (a) Assist the victim to obtain medical treatment if such 3023 is required as a result of the alleged incident to which the 3024 officer responds;. Any law enforcement officer who investigates3025an alleged incident of domestic violence shall3026 (b) Advise the victim of such violence that there is a 3027 domestic violence center from which the victim may receive 3028 services;.3029 (c) Administer a lethality assessment consistent with the 3030 requirements established in subsection (2) if the allegation of 3031 domestic violence is against an intimate partner, regardless of 3032 whether an arrest is made; and 3033 (d)The law enforcement officer shallGive the victim 3034 immediate notice of the legal rights and remedies available on a 3035 standard form developed and distributed by the department. As 3036 necessary, the department shall revise the Legal Rights and 3037 Remedies Notice to Victims to include a general summary of s. 3038 741.30 using simple English as well as Spanish, and shall 3039 distribute the notice as a model form to be used by all law 3040 enforcement agencies throughout thisthestate. The notice must 3041shallinclude: 3042 1.(a)The resource listing, including telephone number, for 3043 the area domestic violence center designated by the Department 3044 of Children and Families; and 3045 2.(b)A copy of the following statement: 3046 3047“IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 3048 ask the state attorney to file a criminal complaint. 3049 You also have the right to go to court and file a 3050 petition requesting an injunction for protection from 3051 domestic violence which may include, but need not be 3052 limited to, provisions which restrain the abuser from 3053 further acts of abuse; direct the abuser to leave your 3054 household; prevent the abuser from entering your 3055 residence, school, business, or place of employment; 3056 award you custody of your minor child or children; and 3057 direct the abuser to pay support to you and the minor 3058 children if the abuser has a legal obligation to do 3059 so.”3060 3061 (2) The department shall consult with the Department of 3062 Children and Families and at least one domestic violence 3063 advocacy organization and may consult with the Florida Sheriffs 3064 Association, the Florida Police Chiefs Association, and the 3065 Florida Partnership to End Domestic Violence to develop the 3066 policies, procedures, and training necessary for implementation 3067 of a statewide evidence-based lethality assessment. Such 3068 policies, procedures, and training must establish how to 3069 determine whether a victim and aggressor are intimate partners 3070 and establish a statewide process for referring a victim to a 3071 certified domestic violence center. By January 1, 2025, the 3072 department must adopt a statewide lethality assessment form that 3073 includes all the information in paragraph (c). Training on how 3074 to administer a lethality assessment and the approved lethality 3075 assessment form must be accessible to a law enforcement officer 3076 in an online format. 3077 (a) The department must monitor evidence-based standards 3078 relating to administering a lethality assessment or the 3079 lethality assessment form. If the department identifies changes 3080 in such evidence-based standards, the department shall submit a 3081 report to the President of the Senate and the Speaker of the 3082 House of Representatives which must include the current policies 3083 and procedures for administering a lethality assessment, any 3084 proposed statutory changes necessary for statewide 3085 implementation, and any proposed changes to the lethality 3086 assessment or the lethality assessment form to maintain 3087 compliance with evidence-based standards. 3088 (b) The Criminal Justice Standards and Training Commission 3089 shall require by rule that all law enforcement officers receive 3090 instruction on the policies and procedures for administering a 3091 lethality assessment as part of basic recruit training or as 3092 part of the required instruction for continued employment. A law 3093 enforcement officer may not administer a lethality assessment to 3094 a victim if the officer has not received training on 3095 administering a lethality assessment. All of the following 3096 requirements for training on administering a lethality 3097 assessment must be met by October 1, 2026: 3098 1. Commission-approved basic recruit training programs 3099 required by s. 943.13(9) and continuing training or education 3100 required by s. 943.135 must incorporate the training required by 3101 this subsection. 3102 2. All law enforcement officers must successfully complete 3103 the training required by this subsection, including officers who 3104 received an exemption from completing the commission-approved 3105 basic recruit training program under s. 943.131, as part of 3106 their basic recruit training or the continued training or 3107 education required under s. 943.135(1), as applicable. An 3108 officer’s employing agency must place the officer’s 3109 certification on inactive status if the officer fails to 3110 complete the training required under this subsection. The 3111 officer’s certification will remain inactive until the officer 3112 completes the training and the officer’s employing agency 3113 notifies the commission that he or she has completed the 3114 training. 3115 (c) To administer a lethality assessment, a law enforcement 3116 officer shall ask the victim, in the same or similar wording and 3117 in the same order, all of the following questions: 3118 1. Did the aggressor ever use a weapon against you or 3119 threaten you with a weapon? 3120 2. Did the aggressor ever threaten to kill you or your 3121 children? 3122 3. Do you believe the aggressor will try to kill you? 3123 4. Has the aggressor ever choked you or attempted to choke 3124 you? 3125 5. Does the aggressor have a gun or could the aggressor 3126 easily obtain a gun? 3127 6. Is the aggressor violently or constantly jealous, or 3128 does the aggressor control most of your daily activities? 3129 7. Did you leave or separate from the aggressor after you 3130 were living together or married? 3131 8. Is the aggressor unemployed? 3132 9. To the best of your knowledge, has the aggressor ever 3133 attempted suicide? 3134 10. Do you have a child whom the aggressor believes is not 3135 the aggressor’s biological child? 3136 11. Has the aggressor ever followed, spied on, or left 3137 threatening messages for you? 3138 12. Is there anything else that worries you about your 3139 safety and, if so, what worries you? 3140 (d) A law enforcement officer shall advise a victim of the 3141 results of the assessment and refer the victim to the nearest 3142 locally certified domestic violence center if: 3143 1. The victim answers affirmatively to any of the questions 3144 provided in subparagraphs (c)1.-4.; 3145 2. The victim answers negatively to the questions provided 3146 in subparagraphs (c)1.-4., but affirmatively to at least four of 3147 the questions provided in subparagraphs (c)5.-11.; or 3148 3. As a result of the victim’s response to subparagraph 3149 (c)12., the law enforcement officer believes the victim is in a 3150 potentially lethal situation. 3151 (e) If a victim does not, or is unable to, provide 3152 information to a law enforcement officer sufficient to allow the 3153 law enforcement officer to administer a lethality assessment, 3154 the law enforcement officer must document the lack of a 3155 lethality assessment in the written police report required in 3156 subsection (3) and refer the victim to the nearest locally 3157 certified domestic violence center. 3158 (f) A law enforcement officer may not include in a probable 3159 cause statement, written police report, or incident report the 3160 domestic violence center to which a victim was referred. 3161 (3)(2)When a law enforcement officer investigates an 3162 allegation that an incident of domestic violence has occurred, 3163 the officer shall handle the incident pursuant to the arrest 3164 policy provided in s. 901.15(7), and as developed in accordance 3165 with subsections (4), (5), and (6)(3), (4), and (5). Regardless 3166 of whetheror notan arrest is made, the officer shall make a 3167 written police report that is complete and clearly indicates the 3168 alleged offense was an incident of domestic violence. Such 3169 report mustshallbe given to the officer’s supervisor and filed 3170 with the law enforcement agency in a manner that will permit 3171 data on domestic violence cases to be compiled. Such report must 3172 include all of the following: 3173 (a) A description of physical injuries observed, if any. 3174 (b) If a law enforcement officer decides not to make an 3175 arrest or decides to arrest two or more parties,the officer3176shall include in the reportthe grounds for not arresting anyone 3177 or for arresting two or more parties. 3178 (c) A statement which indicates that a copy of the legal 3179 rights and remedies notice was given to the victim. 3180 (d) A notation of the score of a lethality assessment, if 3181 one was administered pursuant to paragraph (1)(c). 3182 3183 Whenever possible, the law enforcement officer shall obtain a 3184 written statement from the victim and witnesses concerning the 3185 alleged domestic violence. The officer shall submit the report 3186 to the supervisor or other person to whom the employer’s rules 3187 or policies require reports of similar allegations of criminal 3188 activity to be made. The law enforcement agency shall, without 3189 charge, send a copy of the initial police report, as well as any 3190 subsequent, supplemental, or related report, which excludes 3191 victim/witness statements or other materials that are part of an 3192 active criminal investigation and are exempt from disclosure 3193 under chapter 119, to the nearest locally certified domestic 3194 violence center within 24 hours after the agency’s receipt of 3195 the report. The report furnished to the domestic violence center 3196 must include a narrative description of the domestic violence 3197 incident. 3198 (4)(3)Whenever a law enforcement officer determines upon 3199 probable cause that an act of domestic violence has been 3200 committed within the jurisdiction the officer may arrest the 3201 person or persons suspected of its commission and charge such 3202 person or persons with the appropriate crime. The decision to 3203 arrest and charge shall not require consent of the victim or 3204 consideration of the relationship of the parties. 3205 (5)(a)(4)(a)When complaints are received from two or more 3206 parties, the officers shall evaluate each complaint separately 3207 to determine whether there is probable cause for arrest. 3208 (b) If a law enforcement officer has probable cause to 3209 believe that two or more persons have committed a misdemeanor or 3210 felony, or if two or more persons make complaints to the 3211 officer, the officer mustshalltry to determine who was the 3212 primary aggressor. Arrest is the preferred response only with 3213 respect to the primary aggressor and not the preferred response 3214 with respect to a person who acts in a reasonable manner to 3215 protect or defend oneself or another family or household member 3216 from domestic violence. 3217 (6)(5)ANolaw enforcement officer may notshallbe held 3218 liable, in any civil action, for an arrest based on probable 3219 cause, enforcement in good faith of a court order, or service of 3220 process in good faith under this chapter arising from an alleged 3221 incident of domestic violence brought by any party to the 3222 incident. 3223 (7)(6)A person who willfully violates a condition of 3224 pretrial release provided in s. 903.047, when the original 3225 arrest was for an act of domestic violence as defined in s. 3226 741.28, commits a misdemeanor of the first degree, punishable as 3227 provided in s. 775.082 or s. 775.083, and shall be held in 3228 custody until his or her first appearance. 3229 Section 60. For the purpose of incorporating the amendment 3230 made by this act to section 741.29, Florida Statutes, in a 3231 reference thereto, section 39.906, Florida Statutes, is 3232 reenacted to read: 3233 39.906 Referral to centers and notice of rights.—Any law 3234 enforcement officer who investigates an alleged incident of 3235 domestic violence shall advise the victim of such violence that 3236 there is a domestic violence center from which the victim may 3237 receive services. The law enforcement officer shall give the 3238 victim immediate notice of the legal rights and remedies 3239 available in accordance with the provisions of s. 741.29. 3240 Section 61. The Division of Law Revision is requested to 3241 prepare a reviser’s bill for the 2025 Regular Session of the 3242 Legislature to substitute the term “Statewide Guardian ad Litem 3243 Office” for the term “Guardian ad Litem Program” or “Statewide 3244 Guardian ad Litem Program” throughout the Florida Statutes. 3245 Section 62. This act shall take effect July 1, 2024.