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
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    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 offices programs for children under the
  217  circuit 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,
  229  when guardian ad litem programs are not available in the local
  230  area. 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.; and
  286         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 must shall include, 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 must shall provide 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 litem or the
  538  representative of the guardian ad litem program when the program
  539  has 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 child encourage the
  555  Statewide Guardian Ad Litem Office to provide greater
  556  representation to those children who are within 1 year of
  557  transferring 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 Office Program provides 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 may shall not be open to
  587  inspection by the public. All records may shall be inspected
  588  only upon order of the court by persons deemed by the court to
  589  have a proper interest therein, except that, subject to the
  590  provisions of s. 63.162, a child, and the parents of the child
  591  and their attorneys, the guardian ad litem, criminal conflict
  592  and civil regional counsels, law enforcement agencies, and the
  593  department and its designees, and the attorney ad litem, if one
  594  is appointed, shall always 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’s guardian
  613  ad litem, or attorney ad litem, if one is appointed, if the
  614  child is of sufficient capacity to express reasonable consent,
  615  at 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, if
  626  one 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) Before Prior to the hearing, the court shall appoint an
  635  attorney ad litem or a guardian ad litem for the child if one
  636  has not already been appointed. The guardian ad litem and Any
  637  attorney ad litem, if one is or guardian ad litem appointed,
  638  must shall have 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 only shall be released
  655  only as provided in subsection (5), may only shall be granted
  656  only to 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,
  661  including any attorney representing a child in civil or criminal
  662  proceedings. This access must shall be 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 may shall not 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. 39.01 s. 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 such
  684  representation 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 the any guardian 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 the any guardian 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’s counsel or the
  744  child’s guardian ad litem or attorney ad litem, if one is has
  745  been appointed by the court, or, if the child is of sufficient
  746  capacity to express reasonable consent, at the request or with
  747  the consent of the child’s attorney or the child’s guardian ad
  748  litem, 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;
  799         3. 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.; and
  844         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 the any guardian ad
  953  litem, attorney, or attorney ad litem, if one is who has been
  954  appointed to 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 appointed to represent,
  978  within reason, their best interests and, if appropriate, an
  979  attorney ad litem appointed to represent their legal interests;
  980  the guardian ad litem or and attorney ad litem, if one is
  981  appointed, shall have 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 or and attorney 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 event the petitioner must shall
 1005  file an affidavit of diligent search prepared by the person who
 1006  made the search and inquiry, and the court must may appoint 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.;
 1049         b. Appoint an attorney for the child who is the subject of
 1050  the permanent custody proceeding, in addition to the guardian ad
 1051  litem, 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.; and
 1054         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         39.6036Supportive 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. Any The recommendation of the guardian ad litem, if one
 1122  has 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  after following the reunification, but, at that time, based on a
 1147  report of the social service agency and the guardian ad litem,
 1148  if 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 the
 1170  representative of the guardian ad litem program if the program
 1171  has 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  the or surrogate 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 appointed or if there is a need to continue a guardian ad
 1205  litem 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 litem may 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-appointed guardian
 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 child or the
 1496  representative of the guardian ad litem program, if the program
 1497  has 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 the best interest of the child 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 the following
 1517  responsibilities and authority specified in s. 39.822.:
 1518         1. To investigate the allegations of the petition and any
 1519  subsequent matters arising in the case and,
 1520         (c) Unless excused by the court, the guardian ad litem must
 1521  to file 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.
 1525         2. To be present at all court hearings unless excused by
 1526  the court.
 1527         3. To represent the best interests of the child until the
 1528  jurisdiction of the court over the child terminates or until
 1529  excused by the court.
 1530         (c) A guardian ad litem is not required to post bond but
 1531  shall file an acceptance of the office.
 1532         (d) A guardian ad litem is entitled to receive service of
 1533  pleadings and papers as provided by the Florida Rules of
 1534  Juvenile 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, shall appoint counsel for the
 1542  parties in accordance with legal requirements, and shall appoint
 1543  a guardian ad litem to represent the interests of the child 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 with the attorney for the parent, the
 1552  guardian ad litem, and the any attorney 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
 1560  Program may use any private funds collected by the office
 1561  program, 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
 1589  program must give particular emphasis to past activities
 1590  involving children, including, but not limited to, child-related
 1591  criminal offenses or child abuse. The office program has 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 Office Program,
 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 representation services. Reimbursement to the
 1646  individual providing guardian ad litem representation is not
 1647  services shall not be contingent 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 representative
 1671  shall review all disposition recommendations and changes in
 1672  placements, and must be present at all critical stages of the
 1673  dependency proceeding or submit a written report of
 1674  recommendations to the court. Written reports must be filed with
 1675  the court and served on all parties whose whereabouts are known
 1676  at 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 must shall remain
 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  are shall be confidential and exempt from the provisions of s.
 1685  119.07(1). All Records may only shall be inspected only upon
 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, and the department and its designees, and the attorney ad
 1690  litem, if one is appointed, shall always 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 is shall be
 1700  confidential and exempt from the provisions of s. 119.07(1) and
 1701  may shall not 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 Office Program has 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 Office Program has been supervised by court
 1717  administration within the circuit courts since the office’s
 1718  program’s inception, 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 Office Program in an appropriate
 1723  place and provide a statewide infrastructure to increase
 1724  functioning and standardization among the local offices programs
 1725  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
 1745  Association. 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 offices programs located 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  offices programs in 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, which
 1779  shall include, but is not limited to, training on the
 1780  recognition of and responses to head trauma and brain injury in
 1781  a child under 6 years of age. The office shall establish a
 1782  curriculum committee to develop the training program specified
 1783  in this subparagraph. The curriculum committee shall include,
 1784  but not be limited to, dependency judges, directors of circuit
 1785  guardian ad litem programs, active certified guardians ad litem,
 1786  a mental health professional who specializes in the treatment of
 1787  children, a member of a child advocacy group, a representative
 1788  of a domestic violence advocacy group, an individual with a
 1789  degree in social work, and a social worker experienced in
 1790  working with victims and perpetrators of child abuse.
 1791         5. The office shall review the various methods of funding
 1792  guardian ad litem offices programs, 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
 1795  programs.
 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 a court-appointed volunteer guardian 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 litem volunteer may not be required by a guardian ad
 1825  litem circuit office or ordered by or directed by the program or
 1826  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 representation services
 1841  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 office program in 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 office program has 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 office program.
 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 office program.
 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 offices programs, 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, the any court-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 Office program or 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 Office program
 2126  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  Office program or a domestic violence shelter receives all funds
 2132  donated by the jurors. Any circuit guardian ad litem office
 2133  program receiving 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 Office Program.
 2148         (b) Each state attorney, public defender, and criminal
 2149  conflict and civil regional counsel and the Statewide Guardian
 2150  Ad Litem Office Program shall 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 Office Program, 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 Office Program shall 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 in This section is shall be
 2176  supplemental to those of chapter 27, relating to state
 2177  attorneys, public defenders, criminal conflict and civil
 2178  regional counsel, and capital collateral regional counsel; to
 2179  those of chapter 39, relating to the Statewide Guardian Ad Litem
 2180  Office Program; 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
 2187  Program pursuant 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 Office Program or 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 offices programs.
 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 Office Program to 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 Office program and 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
 2252  Program and 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, and the Department of Children and Families,
 2277  and, if appointed, the Statewide Guardian Ad Litem Office,
 2278  Program and 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
 2302  Program or 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 Office Program, 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 Office program;
 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 abuse as
 2523  defined in s. 39.01(2), abandonment as 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, and of current 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 and of current 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. 39.01 s. 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. 39.01 s. 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.
 2991  39.01(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. 39.01 s.
 2999  39.01(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 investigates
 3025  an alleged incident of domestic violence shall
 3026         (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 shall Give 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 this the state. The notice must
 3041  shall include:
 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 whether or not an 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 must shall be 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 officer
 3176  shall include in the report the 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 must shall try 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)A No law enforcement officer may not shall be 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.

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