Florida Senate - 2019                                     SB 124
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00312A-19                                            2019124__
    1                        A bill to be entitled                      
    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 who has
    5         been adjudicated dependent; amending s. 985.43, F.S.;
    6         authorizing a court to receive and consider any
    7         information provided by the Guardian Ad Litem Program
    8         and the child’s attorney ad litem if a child is under
    9         the jurisdiction of a dependency court; amending s.
   10         985.441, F.S.; requiring the Department of Juvenile
   11         Justice, if a child is under the jurisdiction of a
   12         dependency court, to provide notice to the dependency
   13         court and the Department of Children and Families,
   14         and, if appointed, the Guardian Ad Litem Program and
   15         the child’s attorney ad litem; amending s. 985.455,
   16         F.S.; authorizing a court to receive and consider any
   17         information provided by the Guardian Ad Litem Program
   18         or the child’s attorney ad litem if a child is under
   19         the jurisdiction of a dependency court; amending s.
   20         985.461, F.S.; adding the Guardian Ad Litem Program as
   21         an authorized entity of community reentry teams under
   22         which the Department of Juvenile Justice is authorized
   23         to provide transition-to-adulthood services to certain
   24         children; reenacting ss. 322.051(9), 322.21(1)(f), and
   25         382.0255(3), F.S., relating to identification cards,
   26         license fees, and fees, respectively, to incorporate
   27         the amendment made to s. 985.461, F.S., in references
   28         thereto; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (2) of section 744.1097, Florida
   33  Statutes, is amended to read:
   34         744.1097 Venue.—
   35         (2) The venue in proceedings for the appointment of a
   36  guardian shall be:
   37         (a) If the incapacitated person is a resident of this
   38  state, in the county where the incapacitated person resides.
   39         (b) If the incapacitated person is not a resident of this
   40  state, in any county in this state where property of the
   41  incapacitated person is located.
   42         (c) If the incapacitated person is not a resident of this
   43  state and owns no property in this state, in the county where
   44  any debtor of the incapacitated person resides.
   45         (d) If the incapacitated person is a child who has been
   46  adjudicated dependent pursuant to chapter 39, in the county
   47  where the child resides or in the county with jurisdiction of
   48  the dependency case.
   49         Section 2. Subsection (2) of section 985.43, Florida
   50  Statutes, is amended to read:
   51         985.43 Predisposition reports; other evaluations.—
   52         (2) The court shall consider the child’s entire assessment
   53  and predisposition report and shall review the records of
   54  earlier judicial proceedings before prior to making a final
   55  disposition of the case. If the child is under the jurisdiction
   56  of a dependency court, the court may receive and consider any
   57  information provided by the Guardian Ad Litem Program and the
   58  child’s attorney ad litem, if appointed. The court may, by
   59  order, require additional evaluations and studies to be
   60  performed by the department; the county school system; or any
   61  social, psychological, or psychiatric agency of the state. The
   62  court shall order the educational needs assessment completed
   63  under s. 985.18(2) to be included in the assessment and
   64  predisposition report.
   65         Section 3. Subsection (4) of section 985.441, Florida
   66  Statutes, is amended to read:
   67         985.441 Commitment.—
   68         (4) The department may transfer a child, when necessary to
   69  appropriately administer the child’s commitment, from one
   70  facility or program to another facility or program operated,
   71  contracted, subcontracted, or designated by the department,
   72  including a postcommitment nonresidential conditional release
   73  program, except that the department may not transfer any child
   74  adjudicated solely for a misdemeanor to a residential program
   75  except as provided in subsection (2). The department shall
   76  notify the court that committed the child to the department and
   77  any attorney of record for the child, in writing, of its intent
   78  to transfer the child from a commitment facility or program to
   79  another facility or program of a higher or lower restrictiveness
   80  level. If the child is under the jurisdiction of a dependency
   81  court, the department shall also provide notice to the
   82  dependency court and the Department of Children and Families,
   83  and, if appointed, the Guardian Ad Litem Program and the child’s
   84  attorney ad litem. The court that committed the child may agree
   85  to the transfer or may set a hearing to review the transfer. If
   86  the court does not respond within 10 days after receipt of the
   87  notice, the transfer of the child shall be deemed granted.
   88         Section 4. Subsection (3) of section 985.455, Florida
   89  Statutes, is amended to read:
   90         985.455 Other dispositional issues.—
   91         (3) Any commitment of a delinquent child to the department
   92  must be for an indeterminate period of time, which may include
   93  periods of temporary release; however, the period of time may
   94  not exceed the maximum term of imprisonment that an adult may
   95  serve for the same offense, except that the duration of a
   96  minimum-risk nonresidential commitment for an offense that is a
   97  misdemeanor of the second degree, or is equivalent to a
   98  misdemeanor of the second degree, may be for a period not to
   99  exceed 6 months. The duration of the child’s placement in a
  100  commitment program of any restrictiveness level shall be based
  101  on objective performance-based treatment planning. The child’s
  102  treatment plan progress and adjustment-related issues shall be
  103  reported to the court quarterly, unless the court requests
  104  monthly reports. If the child is under the jurisdiction of a
  105  dependency court, the court may receive and consider any
  106  information provided by the Guardian Ad Litem Program or the
  107  child’s attorney ad litem, if appointed. The child’s length of
  108  stay in a commitment program may be extended if the child fails
  109  to comply with or participate in treatment activities. The
  110  child’s length of stay in the program shall not be extended for
  111  purposes of sanction or punishment. Any temporary release from
  112  such program must be approved by the court. Any child so
  113  committed may be discharged from institutional confinement or a
  114  program upon the direction of the department with the
  115  concurrence of the court. The child’s treatment plan progress
  116  and adjustment-related issues must be communicated to the court
  117  at the time the department requests the court to consider
  118  releasing the child from the commitment program. The department
  119  shall give the court that committed the child to the department
  120  reasonable notice, in writing, of its desire to discharge the
  121  child from a commitment facility. The court that committed the
  122  child may thereafter accept or reject the request. If the court
  123  does not respond within 10 days after receipt of the notice, the
  124  request of the department shall be deemed granted. This section
  125  does not limit the department’s authority to revoke a child’s
  126  temporary release status and return the child to a commitment
  127  facility for any violation of the terms and conditions of the
  128  temporary release.
  129         Section 5. Paragraph (b) of subsection (4) of section
  130  985.461, Florida Statutes, is amended to read:
  131         985.461 Transition to adulthood.—
  132         (4) As part of the child’s treatment plan, the department
  133  may provide transition-to-adulthood services to children
  134  released from residential commitment. To support participation
  135  in transition-to-adulthood services and subject to
  136  appropriation, the department may:
  137         (b) Use community reentry teams to assist in the
  138  development of a list of age-appropriate activities and
  139  responsibilities to be incorporated in the child’s written case
  140  plan for any youth who is under the custody or supervision of
  141  the department. Community reentry teams may include
  142  representatives from school districts, law enforcement,
  143  workforce development services, community-based service
  144  providers, the Guardian Ad Litem Program, and the youth’s
  145  family. Such community reentry teams must be created within
  146  existing resources provided to the department. Activities may
  147  include, but are not limited to, life skills training, including
  148  training to develop banking and budgeting skills, interviewing
  149  and career planning skills, parenting skills, personal health
  150  management, and time management or organizational skills;
  151  educational support; employment training; and counseling.
  152         Section 6. For the purpose of incorporating the amendment
  153  made by this act to section 985.461, Florida Statutes, in a
  154  reference thereto, subsection (9) of section 322.051, Florida
  155  Statutes, is reenacted to read:
  156         322.051 Identification cards.—
  157         (9) Notwithstanding any other provision of this section or
  158  s. 322.21 to the contrary, the department shall issue or renew a
  159  card at no charge to a person who presents evidence satisfactory
  160  to the department that he or she is homeless as defined in s.
  161  414.0252(7), to a juvenile offender who is in the custody or
  162  under the supervision of the Department of Juvenile Justice and
  163  receiving services pursuant to s. 985.461, to an inmate
  164  receiving a card issued pursuant to s. 944.605(7), or, if
  165  necessary, to an inmate receiving a replacement card if the
  166  department determines that he or she has a valid state
  167  identification card. If the replacement state identification
  168  card is scheduled to expire within 6 months, the department may
  169  also issue a temporary permit valid for at least 6 months after
  170  the release date. The department’s mobile issuing units shall
  171  process the identification cards for juvenile offenders and
  172  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
  173         Section 7. For the purpose of incorporating the amendment
  174  made by this act to section 985.461, Florida Statutes, in a
  175  reference thereto, paragraph (f) of subsection (1) of section
  176  322.21, Florida Statutes, is reenacted to read:
  177         322.21 License fees; procedure for handling and collecting
  178  fees.—
  179         (1) Except as otherwise provided herein, the fee for:
  180         (f) An original, renewal, or replacement identification
  181  card issued pursuant to s. 322.051 is $25, except that an
  182  applicant who presents evidence satisfactory to the department
  183  that he or she is homeless as defined in s. 414.0252(7); his or
  184  her annual income is at or below 100 percent of the federal
  185  poverty level; or he or she is a juvenile offender who is in the
  186  custody or under the supervision of the Department of Juvenile
  187  Justice, is receiving services pursuant to s. 985.461, and whose
  188  identification card is issued by the department’s mobile issuing
  189  units is exempt from such fee. Funds collected from fees for
  190  original, renewal, or replacement identification cards shall be
  191  distributed as follows:
  192         1. For an original identification card issued pursuant to
  193  s. 322.051, the fee shall be deposited into the General Revenue
  194  Fund.
  195         2. For a renewal identification card issued pursuant to s.
  196  322.051, $6 shall be deposited into the Highway Safety Operating
  197  Trust Fund, and $19 shall be deposited into the General Revenue
  198  Fund.
  199         3. For a replacement identification card issued pursuant to
  200  s. 322.051, $9 shall be deposited into the Highway Safety
  201  Operating Trust Fund, and $16 shall be deposited into the
  202  General Revenue Fund. Beginning July 1, 2015, or upon completion
  203  of the transition of the driver license issuance services, if
  204  the replacement identification card is issued by the tax
  205  collector, the tax collector shall retain the $9 that would
  206  otherwise be deposited into the Highway Safety Operating Trust
  207  Fund and the remaining revenues shall be deposited into the
  208  General Revenue Fund.
  209         Section 8. For the purpose of incorporating the amendment
  210  made by this act to section 985.461, Florida Statutes, in a
  211  reference thereto, subsection (3) of section 382.0255, Florida
  212  Statutes, is reenacted to read:
  213         382.0255 Fees.—
  214         (3) Fees shall be established by rule. However, until rules
  215  are adopted, the fees assessed pursuant to this section shall be
  216  the minimum fees cited. The fees established by rule must be
  217  sufficient to meet the cost of providing the service. All fees
  218  shall be paid by the person requesting the record, are due and
  219  payable at the time services are requested, and are
  220  nonrefundable, except that, when a search is conducted and no
  221  vital record is found, any fees paid for additional certified
  222  copies shall be refunded. The department may waive all or part
  223  of the fees required under this section for any government
  224  entity. The department shall waive all fees required under this
  225  section for a certified copy of a birth certificate issued for
  226  purposes of an inmate acquiring a state identification card
  227  before release pursuant to s. 944.605(7) and for a juvenile
  228  offender who is in the custody or under the supervision of the
  229  Department of Juvenile Justice and receiving services under s.
  230  985.461.
  231         Section 9. This act shall take effect upon becoming a law.