ENROLLED
       2019 Legislature                                   CS for SB 124
       
       
       
       
       
       
                                                              2019124er
    1  
    2         An act relating to dependent children; amending s.
    3         744.1097, F.S.; specifying the venue in proceedings
    4         for the appointment of a guardian for a child or young
    5         adult who has been adjudicated dependent; conforming a
    6         provision to changes made by the act; amending s.
    7         985.43, F.S.; authorizing a court to receive and
    8         consider any information provided by the Guardian Ad
    9         Litem Program and the child’s attorney ad litem if a
   10         child is under the jurisdiction of a dependency court;
   11         amending s. 985.441, F.S.; requiring the Department of
   12         Juvenile Justice, if a child is under the jurisdiction
   13         of a dependency court, to provide notice to the
   14         dependency court and the Department of Children and
   15         Families, and, if appointed, the Guardian Ad Litem
   16         Program and the child’s attorney ad litem; amending s.
   17         985.455, F.S.; authorizing a court to receive and
   18         consider any information provided by the Guardian Ad
   19         Litem Program or the child’s attorney ad litem if a
   20         child is under the jurisdiction of a dependency court;
   21         amending s. 985.461, F.S.; adding the Guardian Ad
   22         Litem Program as an authorized entity of community
   23         reentry teams under which the Department of Juvenile
   24         Justice is authorized to provide transition-to
   25         adulthood services to certain children; reenacting ss.
   26         322.051(9), 322.21(1)(f), and 382.0255(3), F.S.,
   27         relating to identification cards, license fees, and
   28         fees, respectively, to incorporate the amendment made
   29         to s. 985.461, F.S., in references thereto; providing
   30         an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (2) and (3) of section 744.1097,
   35  Florida Statutes, are amended to read:
   36         744.1097 Venue.—
   37         (2) The venue in proceedings for the appointment of a
   38  guardian shall be:
   39         (a) If the incapacitated person is a resident of this
   40  state, in the county where the incapacitated person resides.
   41         (b) If the incapacitated person is not a resident of this
   42  state, in any county in this state where property of the
   43  incapacitated person is located.
   44         (c) If the incapacitated person is not a resident of this
   45  state and owns no property in this state, in the county where
   46  any debtor of the incapacitated person resides.
   47         (d) If the incapacitated person is a child or young adult
   48  under the jurisdiction of a dependency court, in the county
   49  where the child or young adult resides or in the county having
   50  jurisdiction of the dependency case.
   51         (3) When the residence of an incapacitated person is
   52  changed to another county, the guardian shall petition to have
   53  the venue of the guardianship changed to the county of the
   54  acquired residence, except in cases where venue was established
   55  under paragraph (2)(d) or as provided in s. 744.1098.
   56         Section 2. Subsection (2) of section 985.43, Florida
   57  Statutes, is amended to read:
   58         985.43 Predisposition reports; other evaluations.—
   59         (2) The court shall consider the child’s entire assessment
   60  and predisposition report and shall review the records of
   61  earlier judicial proceedings before prior to making a final
   62  disposition of the case. If the child is under the jurisdiction
   63  of a dependency court, the court may receive and consider any
   64  information provided by the Guardian Ad Litem Program and the
   65  child’s attorney ad litem, if appointed. The court may, by
   66  order, require additional evaluations and studies to be
   67  performed by the department; the county school system; or any
   68  social, psychological, or psychiatric agency of the state. The
   69  court shall order the educational needs assessment completed
   70  under s. 985.18(2) to be included in the assessment and
   71  predisposition report.
   72         Section 3. Subsection (4) of section 985.441, Florida
   73  Statutes, is amended to read:
   74         985.441 Commitment.—
   75         (4) The department may transfer a child, when necessary to
   76  appropriately administer the child’s commitment, from one
   77  facility or program to another facility or program operated,
   78  contracted, subcontracted, or designated by the department,
   79  including a postcommitment nonresidential conditional release
   80  program, except that the department may not transfer any child
   81  adjudicated solely for a misdemeanor to a residential program
   82  except as provided in subsection (2). The department shall
   83  notify the court that committed the child to the department and
   84  any attorney of record for the child, in writing, of its intent
   85  to transfer the child from a commitment facility or program to
   86  another facility or program of a higher or lower restrictiveness
   87  level. If the child is under the jurisdiction of a dependency
   88  court, the department shall also provide notice to the
   89  dependency court and the Department of Children and Families,
   90  and, if appointed, the Guardian Ad Litem Program and the child’s
   91  attorney ad litem. The court that committed the child may agree
   92  to the transfer or may set a hearing to review the transfer. If
   93  the court does not respond within 10 days after receipt of the
   94  notice, the transfer of the child shall be deemed granted.
   95         Section 4. Subsection (3) of section 985.455, Florida
   96  Statutes, is amended to read:
   97         985.455 Other dispositional issues.—
   98         (3) Any commitment of a delinquent child to the department
   99  must be for an indeterminate period of time, which may include
  100  periods of temporary release; however, the period of time may
  101  not exceed the maximum term of imprisonment that an adult may
  102  serve for the same offense, except that the duration of a
  103  minimum-risk nonresidential commitment for an offense that is a
  104  misdemeanor of the second degree, or is equivalent to a
  105  misdemeanor of the second degree, may be for a period not to
  106  exceed 6 months. The duration of the child’s placement in a
  107  commitment program of any restrictiveness level shall be based
  108  on objective performance-based treatment planning. The child’s
  109  treatment plan progress and adjustment-related issues shall be
  110  reported to the court quarterly, unless the court requests
  111  monthly reports. If the child is under the jurisdiction of a
  112  dependency court, the court may receive and consider any
  113  information provided by the Guardian Ad Litem Program or the
  114  child’s attorney ad litem, if appointed. The child’s length of
  115  stay in a commitment program may be extended if the child fails
  116  to comply with or participate in treatment activities. The
  117  child’s length of stay in the program shall not be extended for
  118  purposes of sanction or punishment. Any temporary release from
  119  such program must be approved by the court. Any child so
  120  committed may be discharged from institutional confinement or a
  121  program upon the direction of the department with the
  122  concurrence of the court. The child’s treatment plan progress
  123  and adjustment-related issues must be communicated to the court
  124  at the time the department requests the court to consider
  125  releasing the child from the commitment program. The department
  126  shall give the court that committed the child to the department
  127  reasonable notice, in writing, of its desire to discharge the
  128  child from a commitment facility. The court that committed the
  129  child may thereafter accept or reject the request. If the court
  130  does not respond within 10 days after receipt of the notice, the
  131  request of the department shall be deemed granted. This section
  132  does not limit the department’s authority to revoke a child’s
  133  temporary release status and return the child to a commitment
  134  facility for any violation of the terms and conditions of the
  135  temporary release.
  136         Section 5. Paragraph (b) of subsection (4) of section
  137  985.461, Florida Statutes, is amended to read:
  138         985.461 Transition to adulthood.—
  139         (4) As part of the child’s treatment plan, the department
  140  may provide transition-to-adulthood services to children
  141  released from residential commitment. To support participation
  142  in transition-to-adulthood services and subject to
  143  appropriation, the department may:
  144         (b) Use community reentry teams to assist in the
  145  development of a list of age-appropriate activities and
  146  responsibilities to be incorporated in the child’s written case
  147  plan for any youth who is under the custody or supervision of
  148  the department. Community reentry teams may include
  149  representatives from school districts, law enforcement,
  150  workforce development services, community-based service
  151  providers, the Guardian Ad Litem Program, and the youth’s
  152  family. Such community reentry teams must be created within
  153  existing resources provided to the department. Activities may
  154  include, but are not limited to, life skills training, including
  155  training to develop banking and budgeting skills, interviewing
  156  and career planning skills, parenting skills, personal health
  157  management, and time management or organizational skills;
  158  educational support; employment training; and counseling.
  159         Section 6. For the purpose of incorporating the amendment
  160  made by this act to section 985.461, Florida Statutes, in a
  161  reference thereto, subsection (9) of section 322.051, Florida
  162  Statutes, is reenacted to read:
  163         322.051 Identification cards.—
  164         (9) Notwithstanding any other provision of this section or
  165  s. 322.21 to the contrary, the department shall issue or renew a
  166  card at no charge to a person who presents evidence satisfactory
  167  to the department that he or she is homeless as defined in s.
  168  414.0252(7), to a juvenile offender who is in the custody or
  169  under the supervision of the Department of Juvenile Justice and
  170  receiving services pursuant to s. 985.461, to an inmate
  171  receiving a card issued pursuant to s. 944.605(7), or, if
  172  necessary, to an inmate receiving a replacement card if the
  173  department determines that he or she has a valid state
  174  identification card. If the replacement state identification
  175  card is scheduled to expire within 6 months, the department may
  176  also issue a temporary permit valid for at least 6 months after
  177  the release date. The department’s mobile issuing units shall
  178  process the identification cards for juvenile offenders and
  179  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
  180         Section 7. For the purpose of incorporating the amendment
  181  made by this act to section 985.461, Florida Statutes, in a
  182  reference thereto, paragraph (f) of subsection (1) of section
  183  322.21, Florida Statutes, is reenacted to read:
  184         322.21 License fees; procedure for handling and collecting
  185  fees.—
  186         (1) Except as otherwise provided herein, the fee for:
  187         (f) An original, renewal, or replacement identification
  188  card issued pursuant to s. 322.051 is $25, except that an
  189  applicant who presents evidence satisfactory to the department
  190  that he or she is homeless as defined in s. 414.0252(7); his or
  191  her annual income is at or below 100 percent of the federal
  192  poverty level; or he or she is a juvenile offender who is in the
  193  custody or under the supervision of the Department of Juvenile
  194  Justice, is receiving services pursuant to s. 985.461, and whose
  195  identification card is issued by the department’s mobile issuing
  196  units is exempt from such fee. Funds collected from fees for
  197  original, renewal, or replacement identification cards shall be
  198  distributed as follows:
  199         1. For an original identification card issued pursuant to
  200  s. 322.051, the fee shall be deposited into the General Revenue
  201  Fund.
  202         2. For a renewal identification card issued pursuant to s.
  203  322.051, $6 shall be deposited into the Highway Safety Operating
  204  Trust Fund, and $19 shall be deposited into the General Revenue
  205  Fund.
  206         3. For a replacement identification card issued pursuant to
  207  s. 322.051, $9 shall be deposited into the Highway Safety
  208  Operating Trust Fund, and $16 shall be deposited into the
  209  General Revenue Fund. Beginning July 1, 2015, or upon completion
  210  of the transition of the driver license issuance services, if
  211  the replacement identification card is issued by the tax
  212  collector, the tax collector shall retain the $9 that would
  213  otherwise be deposited into the Highway Safety Operating Trust
  214  Fund and the remaining revenues shall be deposited into the
  215  General Revenue Fund.
  216         Section 8. For the purpose of incorporating the amendment
  217  made by this act to section 985.461, Florida Statutes, in a
  218  reference thereto, subsection (3) of section 382.0255, Florida
  219  Statutes, is reenacted to read:
  220         382.0255 Fees.—
  221         (3) Fees shall be established by rule. However, until rules
  222  are adopted, the fees assessed pursuant to this section shall be
  223  the minimum fees cited. The fees established by rule must be
  224  sufficient to meet the cost of providing the service. All fees
  225  shall be paid by the person requesting the record, are due and
  226  payable at the time services are requested, and are
  227  nonrefundable, except that, when a search is conducted and no
  228  vital record is found, any fees paid for additional certified
  229  copies shall be refunded. The department may waive all or part
  230  of the fees required under this section for any government
  231  entity. The department shall waive all fees required under this
  232  section for a certified copy of a birth certificate issued for
  233  purposes of an inmate acquiring a state identification card
  234  before release pursuant to s. 944.605(7) and for a juvenile
  235  offender who is in the custody or under the supervision of the
  236  Department of Juvenile Justice and receiving services under s.
  237  985.461.
  238         Section 9. This act shall take effect upon becoming a law.