Florida Senate - 2023                             CS for SB 1384
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Burton
       
       
       
       
       586-03505-23                                          20231384c1
    1                        A bill to be entitled                      
    2         An act relating to legal proceedings for children;
    3         amending s. 39.001, F.S.; revising the purposes of ch.
    4         39, F.S.; revising the entities involved in the state
    5         plan for the promotion of adoption, support of
    6         adoptive families, and prevention of abuse,
    7         abandonment, and neglect of children; amending s.
    8         39.00145, F.S.; clarifying the persons who may have
    9         access to records concerning a child; amending s.
   10         39.00146, F.S.; revising the general information
   11         included on a child’s face sheet; amending s. 39.0016,
   12         F.S.; revising requirements for agency agreements
   13         between the Department of Children and Families and
   14         district school boards; amending s. 39.01, F.S.;
   15         defining terms and revising definitions; amending s.
   16         39.013, F.S.; requiring the court to appoint a
   17         guardian ad litem at the earliest possible time to
   18         represent a child for specified proceedings;
   19         authorizing the court to appoint an attorney ad litem
   20         under certain circumstances; amending s. 39.01305,
   21         F.S.; revising legislative findings; authorizing the
   22         court to appoint an attorney ad litem under certain
   23         circumstances; deleting the definition of the term
   24         “dependent child”; deleting the requirement that an
   25         attorney be appointed for a dependent child under
   26         certain circumstances; requiring a court order
   27         appointing an attorney ad litem to be in writing;
   28         requiring the court to discharge an attorney ad litem
   29         under certain circumstances; authorizing an attorney
   30         ad litem to arrange for supplemental or separate
   31         counsel under certain circumstances; conforming
   32         provisions to changes made in the act; deleting a
   33         requirement that the department adopt certain
   34         procedures; deleting the department’s authorization to
   35         adopt certain rules; deleting construction; providing
   36         applicability; amending s. 39.0132, F.S.; revising
   37         persons who have access to inspect and copy certain
   38         records; amending s. 39.0136, F.S.; revising persons
   39         who may request a continuance in certain
   40         circumstances; amending s. 39.0139, F.S.; conforming
   41         provisions to changes made by the act; amending s.
   42         39.202, F.S.; clarifying provisions governing persons
   43         who are granted access to certain records; conforming
   44         a cross-reference; amending s. 39.302, F.S.;
   45         conforming cross-references; amending s. 39.402, F.S.;
   46         conforming provisions to changes made by the act;
   47         deleting provisions relating to a child’s consent to
   48         certain time limitations; amending s. 39.4022, F.S.;
   49         revising participants that must be invited to a
   50         multidisciplinary team staffing; conforming provisions
   51         to changes made by the act; amending ss. 39.4023 and
   52         39.407, F.S.; conforming provisions to changes made by
   53         the act; amending s. 39.4085, F.S.; revising
   54         legislative findings; conforming provisions to changes
   55         made by the act; amending s. 39.521, F.S.; conforming
   56         a cross-reference; amending s. 39.522, F.S.;
   57         conforming provisions to changes made by the act;
   58         amending s. 39.6012, F.S.; conforming a cross
   59         reference; modifying requirements for the case plans
   60         for children in out-of-home placements; creating s.
   61         39.6036, F.S.; providing legislative findings and
   62         intent; requiring the Statewide Guardian ad Litem
   63         Office to work with certain youth to identify at least
   64         one supportive adult to enter into a specified formal
   65         agreement; requiring the Statewide Guardian ad Litem
   66         Office to ensure that such agreement is documented in
   67         the youth’s court file; requiring the Statewide
   68         Guardian ad Litem Office to work in coordination with
   69         the Office of Continuing Care for a specified purpose;
   70         requiring that any agreement with a supportive adult
   71         be documented in the youth’s court file; amending s.
   72         39.621, F.S.; conforming provisions to changes made
   73         the act; amending s. 39.6241, F.S.; requiring a
   74         guardian ad litem to advise the court regarding
   75         certain information and ensure a certain agreement has
   76         been filed with the court; amending s. 39.701, F.S.;
   77         conforming changes made by the act; requiring the
   78         court to give a guardian ad litem the opportunity to
   79         address the court during judicial review hearings for
   80         children 16 and 17 years of age; revising the
   81         determinations that must be made at the final judicial
   82         review hearing before a child reaches 18 years of age;
   83         requiring the court to determine whether a child has
   84         entered into a formal agreement for an ongoing
   85         relationship with a supportive adult during certain
   86         judicial review hearings; requiring the court to
   87         inquire of a young adult transitioning from foster
   88         care to independent living regarding his or her
   89         relationship with a supportive adult during certain
   90         judicial review hearings; amending s. 39.801, F.S.;
   91         conforming provisions to changes made by the act;
   92         amending s. 39.807, F.S.; revising a guardian ad
   93         litem’s responsibilities and authorities; deleting
   94         provisions relating to a guardian ad litem’s bond and
   95         service of pleadings and papers; amending s. 39.808,
   96         F.S.; conforming provisions to changes made by the
   97         act; amending s. 39.815, F.S.; conforming provisions
   98         to changes made by the act; repealing s. 39.820, F.S.,
   99         relating to definitions of the terms “guardian ad
  100         litem” and “guardian advocate”; amending s. 39.821,
  101         F.S.; making technical changes; amending s. 39.822,
  102         F.S.; specifying that a guardian ad litem is a
  103         fiduciary; requiring a guardian ad litem to provide
  104         certain representation; specifying the
  105         responsibilities of a guardian ad litem; requiring
  106         that guardians ad litem have certain access to the
  107         children they represent; specifying that a guardian ad
  108         litem is not required to post bond but must file an
  109         acceptance of the appointment; specifying that a
  110         guardian ad litem is entitled to receive service of
  111         certain pleadings and papers; clarifying a provision
  112         relating to parental reimbursement of guardian ad
  113         litem representation; amending s. 39.827, F.S.;
  114         revising persons authorized to inspect and copy
  115         certain records; amending s. 39.8296, F.S.; making
  116         technical changes; revising the duties and appointment
  117         of the executive director of the Statewide Guardian ad
  118         Litem Office; revising the office’s responsibilities;
  119         amending s. 39.8297, F.S.; conforming provisions to
  120         changes made by the act; amending s. 39.8298, F.S.;
  121         authorizing the Statewide Guardian ad Litem Office to
  122         create or designate local direct-support
  123         organizations; authorizing the executive director to
  124         designate such organizations; conforming provisions to
  125         changes made by the act; requiring certain moneys to
  126         be held in a separate depository account; amending ss.
  127         119.071, 322.09, 394.495, 627.746, 768.28, 934.255,
  128         and 960.065, F.S.; conforming cross-references;
  129         creating s. 1009.898, F.S.; authorizing the Pathway to
  130         Prosperity program to provide certain grants to youth
  131         and young adults aging out of foster care; specifying
  132         that grants remain available for a certain timeframe
  133         for youth aging out of foster care who have reunited
  134         with parents; providing a directive to the Division of
  135         Law Revision; providing an effective date.
  136          
  137  Be It Enacted by the Legislature of the State of Florida:
  138  
  139         Section 1. Paragraph (j) of subsection (1) and paragraph
  140  (a) of subsection (10) of section 39.001, Florida Statutes, are
  141  amended to read:
  142         39.001 Purposes and intent; personnel standards and
  143  screening.—
  144         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  145         (j) To ensure that, when reunification or adoption is not
  146  possible, the child will be prepared for alternative permanency
  147  goals or placements, to include, but not be limited to, long
  148  term foster care, independent living, custody to a relative on a
  149  permanent basis with or without legal guardianship, or custody
  150  to a foster parent or legal custodian on a permanent basis with
  151  or without legal guardianship. Permanency for youth
  152  transitioning from foster care to independent living includes
  153  naturally occurring, lifelong, kin-like connections between the
  154  youth and a supportive adult.
  155         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  156         (a) The office shall develop a state plan for the promotion
  157  of adoption, support of adoptive families, and prevention of
  158  abuse, abandonment, and neglect of children. The Department of
  159  Children and Families, the Department of Corrections, the
  160  Department of Education, the Department of Health, the
  161  Department of Juvenile Justice, the Department of Law
  162  Enforcement, the Statewide Guardian ad Litem Office, and the
  163  Agency for Persons with Disabilities shall participate and fully
  164  cooperate in the development of the state plan at both the state
  165  and local levels. Furthermore, appropriate local agencies and
  166  organizations shall be provided an opportunity to participate in
  167  the development of the state plan at the local level.
  168  Appropriate local groups and organizations shall include, but
  169  not be limited to, community mental health centers; circuit
  170  guardian ad litem offices programs for children under the
  171  circuit court; the school boards of the local school districts;
  172  the Florida local advocacy councils; community-based care lead
  173  agencies; private or public organizations or programs with
  174  recognized expertise in working with child abuse prevention
  175  programs for children and families; private or public
  176  organizations or programs with recognized expertise in working
  177  with children who are sexually abused, physically abused,
  178  emotionally abused, abandoned, or neglected and with expertise
  179  in working with the families of such children; private or public
  180  programs or organizations with expertise in maternal and infant
  181  health care; multidisciplinary Child Protection Teams; child day
  182  care centers; law enforcement agencies; and the circuit courts,
  183  when guardian ad litem programs are not available in the local
  184  area. The state plan to be provided to the Legislature and the
  185  Governor shall include, as a minimum, the information required
  186  of the various groups in paragraph (b).
  187         Section 2. Subsection (2) of section 39.00145, Florida
  188  Statutes, is amended to read:
  189         39.00145 Records concerning children.—
  190         (2) Notwithstanding any other provision of this chapter,
  191  all records in a child’s case record must be made available for
  192  inspection, upon request, to the child who is the subject of the
  193  case record and to the child’s caregiver, guardian ad litem, or
  194  attorney ad litem, if appointed.
  195         (a) A complete and accurate copy of any record in a child’s
  196  case record must be provided, upon request and at no cost, to
  197  the child who is the subject of the case record and to the
  198  child’s caregiver, guardian ad litem, or attorney ad litem, if
  199  appointed.
  200         (b) The department shall release the information in a
  201  manner and setting that are appropriate to the age and maturity
  202  of the child and the nature of the information being released,
  203  which may include the release of information in a therapeutic
  204  setting, if appropriate. This paragraph does not deny the child
  205  access to his or her records.
  206         (c) If a child or the child’s caregiver, guardian ad litem,
  207  or attorney ad litem, if appointed, requests access to the
  208  child’s case record, any person or entity that fails to provide
  209  any record in the case record under assertion of a claim of
  210  exemption from the public records requirements of chapter 119,
  211  or fails to provide access within a reasonable time, is subject
  212  to sanctions and penalties under s. 119.10.
  213         (d) For the purposes of this subsection, the term
  214  “caregiver” is limited to parents, legal custodians, permanent
  215  guardians, or foster parents; employees of a residential home,
  216  institution, facility, or agency at which the child resides; and
  217  other individuals legally responsible for a child’s welfare in a
  218  residential setting.
  219         Section 3. Paragraph (a) of subsection (2) of section
  220  39.00146, Florida Statutes, is amended to read:
  221         39.00146 Case record face sheet.—
  222         (2) The case record of every child under the supervision or
  223  in the custody of the department or the department’s authorized
  224  agents, including community-based care lead agencies and their
  225  subcontracted providers, must include a face sheet containing
  226  relevant information about the child and his or her case,
  227  including at least all of the following:
  228         (a) General case information, including, but not limited
  229  to:
  230         1. The child’s name and date of birth;
  231         2. The current county of residence and the county of
  232  residence at the time of the referral;
  233         3. The reason for the referral and any family safety
  234  concerns;
  235         4. The personal identifying information of the parents or
  236  legal custodians who had custody of the child at the time of the
  237  referral, including name, date of birth, and county of
  238  residence;
  239         5. The date of removal from the home; and
  240         6. The name and contact information of the attorney or
  241  attorneys assigned to the case in all capacities, including the
  242  attorney or attorneys that represent the department and the
  243  parents, and the name and contact information for the guardian
  244  ad litem, if one has been appointed.
  245         Section 4. Paragraph (b) of subsection (2) of section
  246  39.0016, Florida Statutes, is amended to read:
  247         39.0016 Education of abused, neglected, and abandoned
  248  children; agency agreements; children having or suspected of
  249  having a disability.—
  250         (2) AGENCY AGREEMENTS.—
  251         (b) The department shall enter into agreements with
  252  district school boards or other local educational entities
  253  regarding education and related services for children known to
  254  the department who are of school age and children known to the
  255  department who are younger than school age but who would
  256  otherwise qualify for services from the district school board.
  257  Such agreements shall include, but are not limited to:
  258         1. A requirement that the department shall:
  259         a. Ensure that children known to the department are
  260  enrolled in school or in the best educational setting that meets
  261  the needs of the child. The agreement shall provide for
  262  continuing the enrollment of a child known to the department at
  263  the school of origin when possible if it is in the best interest
  264  of the child, with the goal of minimal disruption of education.
  265         b. Notify the school and school district in which a child
  266  known to the department is enrolled of the name and phone number
  267  of the child known to the department caregiver and caseworker
  268  for child safety purposes.
  269         c. Establish a protocol for the department to share
  270  information about a child known to the department with the
  271  school district, consistent with the Family Educational Rights
  272  and Privacy Act, since the sharing of information will assist
  273  each agency in obtaining education and related services for the
  274  benefit of the child. The protocol must require the district
  275  school boards or other local educational entities to access the
  276  department’s Florida Safe Families Network to obtain information
  277  about children known to the department, consistent with the
  278  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  279  1232g.
  280         d. Notify the school district of the department’s case
  281  planning for a child known to the department, both at the time
  282  of plan development and plan review. Within the plan development
  283  or review process, the school district may provide information
  284  regarding the child known to the department if the school
  285  district deems it desirable and appropriate.
  286         e. Show no prejudice against a caregiver who desires to
  287  educate at home a child placed in his or her home through the
  288  child welfare system.
  289         2. A requirement that the district school board shall:
  290         a. Provide the department with a general listing of the
  291  services and information available from the district school
  292  board to facilitate educational access for a child known to the
  293  department.
  294         b. Identify all educational and other services provided by
  295  the school and school district which the school district
  296  believes are reasonably necessary to meet the educational needs
  297  of a child known to the department.
  298         c. Determine whether transportation is available for a
  299  child known to the department when such transportation will
  300  avoid a change in school assignment due to a change in
  301  residential placement. Recognizing that continued enrollment in
  302  the same school throughout the time the child known to the
  303  department is in out-of-home care is preferable unless
  304  enrollment in the same school would be unsafe or otherwise
  305  impractical, the department, the district school board, and the
  306  Department of Education shall assess the availability of
  307  federal, charitable, or grant funding for such transportation.
  308         d. Provide individualized student intervention or an
  309  individual educational plan when a determination has been made
  310  through legally appropriate criteria that intervention services
  311  are required. The intervention or individual educational plan
  312  must include strategies to enable the child known to the
  313  department to maximize the attainment of educational goals.
  314         3. A requirement that the department and the district
  315  school board shall cooperate in accessing the services and
  316  supports needed for a child known to the department who has or
  317  is suspected of having a disability to receive an appropriate
  318  education consistent with the Individuals with Disabilities
  319  Education Act and state implementing laws, rules, and
  320  assurances. Coordination of services for a child known to the
  321  department who has or is suspected of having a disability may
  322  include:
  323         a. Referral for screening.
  324         b. Sharing of evaluations between the school district and
  325  the department where appropriate.
  326         c. Provision of education and related services appropriate
  327  for the needs and abilities of the child known to the
  328  department.
  329         d. Coordination of services and plans between the school
  330  and the residential setting to avoid duplication or conflicting
  331  service plans.
  332         e. Appointment of a surrogate parent, consistent with the
  333  Individuals with Disabilities Education Act and pursuant to
  334  subsection (3), for educational purposes for a child known to
  335  the department who qualifies.
  336         f. For each child known to the department 14 years of age
  337  and older, transition planning by the department and all
  338  providers, including the department’s independent living program
  339  staff and the guardian ad litem, to meet the requirements of the
  340  local school district for educational purposes.
  341         Section 5. Present subsections (8) through (30) of section
  342  39.01, Florida Statutes, are redesignated as subsections (9)
  343  through (31), respectively, present subsections (31) through
  344  (87) of that section are redesignated as subsections (34)
  345  through (90), respectively, new subsections (8), (32) and (33)
  346  are added to that section, and present subsections (9), (36),
  347  and (58) of that section are amended, to read:
  348         39.01 Definitions.—When used in this chapter, unless the
  349  context otherwise requires:
  350         (8) Attorney ad litem means an attorney appointed by the
  351  court to represent the child in a dependency case who has an
  352  attorney-client relationship with the child under the rules
  353  regulating The Florida Bar.
  354         (10)(9) “Caregiver” means the parent, legal custodian,
  355  permanent guardian, adult household member, or other person
  356  responsible for a child’s welfare as defined in subsection (57)
  357  (54).
  358         (32) “Guardian ad litem” means an individual or entity that
  359  is a fiduciary appointed by the court to represent a child in
  360  any civil, criminal, or administrative proceeding to which the
  361  child is a party, including, but not limited to, this chapter,
  362  who uses a best interests standard for decisionmaking and
  363  advocacy. For purposes of this chapter, a guardian ad litem
  364  includes, but is not limited to, the following: the Statewide
  365  Guardian ad Litem Office, which includes all circuit guardian ad
  366  litem offices and the duly certified volunteers, staff, and
  367  attorneys assigned by the Statewide Guardian ad Litem Office to
  368  represent children; a court-appointed attorney; or a responsible
  369  adult who is appointed by the court. A guardian ad litem is a
  370  party to the judicial proceeding as a representative of the
  371  child, and serves until the jurisdiction of the court over the
  372  child terminates or until excused by the court.
  373         (33) “Guardian advocate” means a person appointed by the
  374  court to act on behalf of a drug dependent newborn under Part
  375  XI.
  376         (39)(36) “Institutional child abuse or neglect” means
  377  situations of known or suspected child abuse or neglect in which
  378  the person allegedly perpetrating the child abuse or neglect is
  379  an employee of a public or private school, public or private day
  380  care center, residential home, institution, facility, or agency
  381  or any other person at such institution responsible for the
  382  child’s welfare as defined in subsection (57) (54).
  383         (61)(58) “Party” means the parent or parents of the child,
  384  the petitioner, the department, the guardian ad litem or the
  385  representative of the guardian ad litem program when the program
  386  has been appointed, and the child. The presence of the child may
  387  be excused by order of the court when presence would not be in
  388  the child’s best interest. Notice to the child may be excused by
  389  order of the court when the age, capacity, or other condition of
  390  the child is such that the notice would be meaningless or
  391  detrimental to the child.
  392         Section 6. Section 39.013, Florida Statutes, is amended to
  393  read:
  394         39.013 Procedures and jurisdiction; right to counsel;
  395  guardian ad litem.—
  396         (1) All procedures, including petitions, pleadings,
  397  subpoenas, summonses, and hearings, in this chapter shall be
  398  conducted according to the Florida Rules of Juvenile Procedure
  399  unless otherwise provided by law. Parents must be informed by
  400  the court of their right to counsel in dependency proceedings at
  401  each stage of the dependency proceedings. Parents who are unable
  402  to afford counsel must be appointed counsel.
  403         (2) The circuit court has exclusive original jurisdiction
  404  of all proceedings under this chapter, of a child voluntarily
  405  placed with a licensed child-caring agency, a licensed child
  406  placing agency, or the department, and of the adoption of
  407  children whose parental rights have been terminated under this
  408  chapter. Jurisdiction attaches when the initial shelter
  409  petition, dependency petition, or termination of parental rights
  410  petition, or a petition for an injunction to prevent child abuse
  411  issued pursuant to s. 39.504, is filed or when a child is taken
  412  into the custody of the department. The circuit court may assume
  413  jurisdiction over any such proceeding regardless of whether the
  414  child was in the physical custody of both parents, was in the
  415  sole legal or physical custody of only one parent, caregiver, or
  416  some other person, or was not in the physical or legal custody
  417  of any person when the event or condition occurred that brought
  418  the child to the attention of the court. When the court obtains
  419  jurisdiction of any child who has been found to be dependent,
  420  the court shall retain jurisdiction, unless relinquished by its
  421  order, until the child reaches 21 years of age, or 22 years of
  422  age if the child has a disability, with the following
  423  exceptions:
  424         (a) If a young adult chooses to leave foster care upon
  425  reaching 18 years of age.
  426         (b) If a young adult does not meet the eligibility
  427  requirements to remain in foster care under s. 39.6251 or
  428  chooses to leave care under that section.
  429         (c) If a young adult petitions the court at any time before
  430  his or her 19th birthday requesting the court’s continued
  431  jurisdiction, the juvenile court may retain jurisdiction under
  432  this chapter for a period not to exceed 1 year following the
  433  young adult’s 18th birthday for the purpose of determining
  434  whether appropriate services that were required to be provided
  435  to the young adult before reaching 18 years of age have been
  436  provided.
  437         (d) If a petition for special immigrant juvenile status and
  438  an application for adjustment of status have been filed on
  439  behalf of a foster child and the petition and application have
  440  not been granted by the time the child reaches 18 years of age,
  441  the court may retain jurisdiction over the dependency case
  442  solely for the purpose of allowing the continued consideration
  443  of the petition and application by federal authorities. Review
  444  hearings for the child shall be set solely for the purpose of
  445  determining the status of the petition and application. The
  446  court’s jurisdiction terminates upon the final decision of the
  447  federal authorities. Retention of jurisdiction in this instance
  448  does not affect the services available to a young adult under s.
  449  409.1451. The court may not retain jurisdiction of the case
  450  after the immigrant child’s 22nd birthday.
  451         (3) When a child is under the jurisdiction of the circuit
  452  court pursuant to this chapter, the circuit court assigned to
  453  handle dependency matters may exercise the general and equitable
  454  jurisdiction over guardianship proceedings under chapter 744 and
  455  proceedings for temporary custody of minor children by extended
  456  family under chapter 751.
  457         (4) Orders entered pursuant to this chapter which affect
  458  the placement of, access to, parental time with, adoption of, or
  459  parental rights and responsibilities for a minor child shall
  460  take precedence over other orders entered in civil actions or
  461  proceedings. However, if the court has terminated jurisdiction,
  462  the order may be subsequently modified by a court of competent
  463  jurisdiction in any other civil action or proceeding affecting
  464  placement of, access to, parental time with, adoption of, or
  465  parental rights and responsibilities for the same minor child.
  466         (5) The court shall expedite the resolution of the
  467  placement issue in cases involving a child who has been removed
  468  from the parent and placed in an out-of-home placement.
  469         (6) The court shall expedite the judicial handling of all
  470  cases when the child has been removed from the parent and placed
  471  in an out-of-home placement.
  472         (7) Children removed from their homes shall be provided
  473  equal treatment with respect to goals, objectives, services, and
  474  case plans, without regard to the location of their placement.
  475         (8) For any child who remains in the custody of the
  476  department, the court shall, within the month which constitutes
  477  the beginning of the 6-month period before the child’s 18th
  478  birthday, hold a hearing to review the progress of the child
  479  while in the custody of the department.
  480         (9)(a) At each stage of the proceedings under this chapter,
  481  the court shall advise the parents of the right to counsel. The
  482  court shall appoint counsel for indigent parents. The court
  483  shall ascertain whether the right to counsel is understood. When
  484  right to counsel is waived, the court shall determine whether
  485  the waiver is knowing and intelligent. The court shall enter its
  486  findings in writing with respect to the appointment or waiver of
  487  counsel for indigent parents or the waiver of counsel by
  488  nonindigent parents.
  489         (b) Once counsel has entered an appearance or been
  490  appointed by the court to represent the parent of the child, the
  491  attorney shall continue to represent the parent throughout the
  492  proceedings. If the attorney-client relationship is
  493  discontinued, the court shall advise the parent of the right to
  494  have new counsel retained or appointed for the remainder of the
  495  proceedings.
  496         (c)1. A waiver of counsel may not be accepted if it appears
  497  that the parent is unable to make an intelligent and
  498  understanding choice because of mental condition, age,
  499  education, experience, the nature or complexity of the case, or
  500  other factors.
  501         2. A waiver of counsel made in court must be of record.
  502         3. If a waiver of counsel is accepted at any hearing or
  503  proceeding, the offer of assistance of counsel must be renewed
  504  by the court at each subsequent stage of the proceedings at
  505  which the parent appears without counsel.
  506         (d) This subsection does not apply to any parent who has
  507  voluntarily executed a written surrender of the child and
  508  consents to the entry of a court order terminating parental
  509  rights.
  510         (10) Court-appointed counsel representing indigent parents
  511  at shelter hearings shall be paid from state funds appropriated
  512  by general law.
  513         (11) The court shall appoint a guardian ad litem at the
  514  earliest possible time to represent the child throughout the
  515  proceedings, including any appeals The court shall encourage the
  516  Statewide Guardian Ad Litem Office to provide greater
  517  representation to those children who are within 1 year of
  518  transferring out of foster care.
  519         (12) The department shall be represented by counsel in each
  520  dependency proceeding. Through its attorneys, the department
  521  shall make recommendations to the court on issues before the
  522  court and may support its recommendations through testimony and
  523  other evidence by its own employees, employees of sheriff’s
  524  offices providing child protection services, employees of its
  525  contractors, employees of its contractor’s subcontractors, or
  526  from any other relevant source.
  527         (13)The court may appoint an attorney ad litem for a child
  528  if the court believes the child is in need of such
  529  representation and determines the child has a rational and
  530  factual understanding of the proceedings and sufficient present
  531  ability to consult with a lawyer with a reasonable degree of
  532  rational understanding.
  533         Section 7. Section 39.01305, Florida Statutes, is amended
  534  to read:
  535         39.01305 Appointment of an attorney ad litem for a
  536  dependent child with certain special needs.—
  537         (1)(a) The Legislature finds that:
  538         1. all children in proceedings under this chapter have
  539  important interests at stake, such as health, safety, and well
  540  being and the need to obtain permanency. While all children are
  541  represented by the Statewide Guardian ad Litem Office using a
  542  best interest standard of decisionmaking and advocacy in
  543  proceedings under this chapter, some children may also need
  544  representation by an attorney at litem
  545         2. A dependent child who has certain special needs has a
  546  particular need for an attorney to represent the dependent child
  547  in proceedings under this chapter, as well as in fair hearings
  548  and appellate proceedings, so that the attorney may address the
  549  child’s medical and related needs and the services and supports
  550  necessary for the child to live successfully in the community.
  551         (b) The Legislature recognizes the existence of
  552  organizations that provide attorney representation to children
  553  in certain jurisdictions throughout the state. Further, the
  554  statewide Guardian Ad Litem Program provides best interest
  555  representation for dependent children in every jurisdiction in
  556  accordance with state and federal law. The Legislature,
  557  therefore, does not intend that funding provided for
  558  representation under this section supplant proven and existing
  559  organizations representing children. Instead, the Legislature
  560  intends that funding provided for representation under this
  561  section be an additional resource for the representation of more
  562  children in these jurisdictions, to the extent necessary to meet
  563  the requirements of this chapter, with the cooperation of
  564  existing local organizations or through the expansion of those
  565  organizations. The Legislature encourages the expansion of pro
  566  bono representation for children. This section is not intended
  567  to limit the ability of a pro bono attorney to appear on behalf
  568  of a child.
  569         (2) The court may appoint an attorney ad litem for a child
  570  if the court believes the child is in need of such
  571  representation and determines the child has a rational and
  572  factual understanding of the proceedings and sufficient present
  573  ability to consult with a lawyer with a reasonable degree of
  574  rational understanding As used in this section, the term
  575  “dependent child” means a child who is subject to any proceeding
  576  under this chapter. The term does not require that a child be
  577  adjudicated dependent for purposes of this section.
  578         (3) An attorney shall be appointed for a dependent child
  579  who:
  580         (a) Resides in a skilled nursing facility or is being
  581  considered for placement in a skilled nursing home;
  582         (b) Is prescribed a psychotropic medication but declines
  583  assent to the psychotropic medication;
  584         (c) Has a diagnosis of a developmental disability as
  585  defined in s. 393.063;
  586         (d) Is being placed in a residential treatment center or
  587  being considered for placement in a residential treatment
  588  center; or
  589         (e) Is a victim of human trafficking as defined in s.
  590  787.06(2)(d).
  591         (4)(a) Before a court may appoint an attorney ad litem, who
  592  may be compensated pursuant to this section, the court must
  593  request a recommendation from the Statewide Guardian ad Litem
  594  Office for an attorney who is willing to represent a child
  595  without additional compensation. If such an attorney is
  596  available within 15 days after the court’s request, the court
  597  must appoint that attorney. However, the court may appoint a
  598  compensated attorney within the 15-day period if the Statewide
  599  Guardian ad Litem Office informs the court that it will not be
  600  able to recommend an attorney within that time period.
  601         (b) A court order appointing an attorney ad litem under
  602  this section must be in writing After an attorney is appointed,
  603  the appointment continues in effect until the attorney is
  604  allowed to withdraw or is discharged by the court or until the
  605  case is dismissed. The court must discharge an attorney ad litem
  606  who is appointed under this section if the need for the
  607  representation is resolved to represent the child shall provide
  608  the complete range of legal services, from the removal from home
  609  or from the initial appointment through all available appellate
  610  proceedings. With the permission of the court, the attorney ad
  611  litem for the dependent child may arrange for supplemental or
  612  separate counsel to represent the child in appellate
  613  proceedings. A court order appointing an attorney under this
  614  section must be in writing.
  615         (4)(5) Unless the attorney ad litem has agreed to provide
  616  pro bono services, an appointed attorney ad litem or
  617  organization must be adequately compensated. All appointed
  618  attorneys ad litem and organizations, including pro bono
  619  attorneys, must be provided with access to funding for expert
  620  witnesses, depositions, and other due process costs of
  621  litigation. Payment of attorney fees and case-related due
  622  process costs are subject to appropriations and review by the
  623  Justice Administrative Commission for reasonableness. The
  624  Justice Administrative Commission shall contract with attorneys
  625  ad litem appointed by the court. Attorney fees may not exceed
  626  $1,000 per child per year.
  627         (6) The department shall develop procedures to identify a
  628  dependent child who has a special need specified under
  629  subsection (3) and to request that a court appoint an attorney
  630  for the child.
  631         (7) The department may adopt rules to administer this
  632  section.
  633         (8) This section does not limit the authority of the court
  634  to appoint an attorney for a dependent child in a proceeding
  635  under this chapter.
  636         (5)(9) Implementation of this section is subject to
  637  appropriations expressly made for that purpose.
  638         Section 8. The amendments made by this act to s. 39.01305,
  639  Florida Statutes, apply only to attorney ad litem appointments
  640  made on or after July 1, 2023.
  641         Section 9. Subsection (3) of section 39.0132, Florida
  642  Statutes, is amended to read:
  643         39.0132 Oaths, records, and confidential information.—
  644         (3) The clerk shall keep all court records required by this
  645  chapter separate from other records of the circuit court. All
  646  court records required by this chapter shall not be open to
  647  inspection by the public. All records shall be inspected only
  648  upon order of the court by persons deemed by the court to have a
  649  proper interest therein, except that, subject to the provisions
  650  of s. 63.162, a child, and the parents of the child and their
  651  attorneys, the guardian ad litem, criminal conflict and civil
  652  regional counsels, law enforcement agencies, and the department
  653  and its designees, and the attorney ad litem, if one has been
  654  appointed, shall always have the right to inspect and copy any
  655  official record pertaining to the child. The Justice
  656  Administrative Commission may inspect court dockets required by
  657  this chapter as necessary to audit compensation of court
  658  appointed attorneys ad litem. If the docket is insufficient for
  659  purposes of the audit, the commission may petition the court for
  660  additional documentation as necessary and appropriate. The court
  661  may permit authorized representatives of recognized
  662  organizations compiling statistics for proper purposes to
  663  inspect and make abstracts from official records, under whatever
  664  conditions upon their use and disposition the court may deem
  665  proper, and may punish by contempt proceedings any violation of
  666  those conditions.
  667         Section 10. Paragraph (a) of subsection (3) of section
  668  39.0136, Florida Statutes, is amended to read:
  669         39.0136 Time limitations; continuances.—
  670         (3) The time limitations in this chapter do not include:
  671         (a) Periods of delay resulting from a continuance granted
  672  at the request of the child’s counsel or the child’s guardian ad
  673  litem or attorney ad litem, if appointed, if the child is of
  674  sufficient capacity to express reasonable consent, at the
  675  request or with the consent of the child. The court must
  676  consider the best interests of the child when determining
  677  periods of delay under this section.
  678         Section 11. Paragraphs (a) and (b) of subsection (4) of
  679  section 39.0139, Florida Statutes, are amended to read:
  680         39.0139 Visitation or other contact; restrictions.—
  681         (4) HEARINGS.—A person who meets any of the criteria set
  682  forth in paragraph (3)(a) who seeks to begin or resume contact
  683  with the child victim shall have the right to an evidentiary
  684  hearing to determine whether contact is appropriate.
  685         (a) Prior to the hearing, the court shall appoint an
  686  attorney ad litem or a guardian ad litem for the child if one
  687  has not already been appointed. The guardian ad litem and any
  688  attorney ad litem, if or guardian ad litem appointed, shall have
  689  special training in the dynamics of child sexual abuse.
  690         (b) At the hearing, the court may receive and rely upon any
  691  relevant and material evidence submitted to the extent of its
  692  probative value, including written and oral reports or
  693  recommendations from the Child Protection Team, the child’s
  694  therapist, the child’s guardian ad litem, or the child’s
  695  attorney ad litem, if appointed, even if these reports,
  696  recommendations, and evidence may not be admissible under the
  697  rules of evidence.
  698         Section 12. Paragraphs (d) and (t) of subsection (2) of
  699  section 39.202, Florida Statutes, are amended to read:
  700         39.202 Confidentiality of reports and records in cases of
  701  child abuse or neglect; exception.—
  702         (2) Except as provided in subsection (4), access to such
  703  records, excluding the name of, or other identifying information
  704  with respect to, the reporter which shall be released only as
  705  provided in subsection (5), shall be granted only to the
  706  following persons, officials, and agencies:
  707         (d) The parent or legal custodian of any child who is
  708  alleged to have been abused, abandoned, or neglected, and the
  709  child, and the guardian ad litem, any attorney ad litem, if
  710  appointed, or and their attorneys, including any attorney
  711  representing a child in civil or criminal proceedings. This
  712  access shall be made available no later than 60 days after the
  713  department receives the initial report of abuse, neglect, or
  714  abandonment. However, any information otherwise made
  715  confidential or exempt by law shall not be released pursuant to
  716  this paragraph.
  717         (t) Persons with whom the department is seeking to place
  718  the child or to whom placement has been granted, including
  719  foster parents for whom an approved home study has been
  720  conducted, the designee of a licensed child-caring agency as
  721  defined in s. 39.01 s. 39.01(41), an approved relative or
  722  nonrelative with whom a child is placed pursuant to s. 39.402,
  723  preadoptive parents for whom a favorable preliminary adoptive
  724  home study has been conducted, adoptive parents, or an adoption
  725  entity acting on behalf of preadoptive or adoptive parents.
  726         Section 13. Subsection (1) of section 39.302, Florida
  727  Statutes, is amended to read:
  728         39.302 Protective investigations of institutional child
  729  abuse, abandonment, or neglect.—
  730         (1) The department shall conduct a child protective
  731  investigation of each report of institutional child abuse,
  732  abandonment, or neglect. Upon receipt of a report that alleges
  733  that an employee or agent of the department, or any other entity
  734  or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54),
  735  acting in an official capacity, has committed an act of child
  736  abuse, abandonment, or neglect, the department shall initiate a
  737  child protective investigation within the timeframe established
  738  under s. 39.101(2) and notify the appropriate state attorney,
  739  law enforcement agency, and licensing agency, which shall
  740  immediately conduct a joint investigation, unless independent
  741  investigations are more feasible. When conducting investigations
  742  or having face-to-face interviews with the child, investigation
  743  visits shall be unannounced unless it is determined by the
  744  department or its agent that unannounced visits threaten the
  745  safety of the child. If a facility is exempt from licensing, the
  746  department shall inform the owner or operator of the facility of
  747  the report. Each agency conducting a joint investigation is
  748  entitled to full access to the information gathered by the
  749  department in the course of the investigation. A protective
  750  investigation must include an interview with the child’s parent
  751  or legal guardian. The department shall make a full written
  752  report to the state attorney within 3 business days after making
  753  the oral report. A criminal investigation shall be coordinated,
  754  whenever possible, with the child protective investigation of
  755  the department. Any interested person who has information
  756  regarding the offenses described in this subsection may forward
  757  a statement to the state attorney as to whether prosecution is
  758  warranted and appropriate. Within 15 days after the completion
  759  of the investigation, the state attorney shall report the
  760  findings to the department and shall include in the report a
  761  determination of whether or not prosecution is justified and
  762  appropriate in view of the circumstances of the specific case.
  763         Section 14. Paragraphs (b) and (c) of subsection (11) and
  764  paragraph (a) of subsection (14) of section 39.402, Florida
  765  Statutes, are amended to read:
  766         39.402 Placement in a shelter.—
  767         (11)
  768         (b) The court shall request that the parents consent to
  769  provide access to the child’s medical records and provide
  770  information to the court, the department or its contract
  771  agencies, and any the guardian ad litem, and the or attorney ad
  772  litem for the child, if appointed. If a parent is unavailable or
  773  unable to consent or withholds consent and the court determines
  774  access to the records and information is necessary to provide
  775  services to the child, the court shall issue an order granting
  776  access. The court may also order the parents to provide all
  777  known medical information to the department and to any others
  778  granted access under this subsection.
  779         (c) The court shall request that the parents consent to
  780  provide access to the child’s child care records, early
  781  education program records, or other educational records and
  782  provide information to the court, the department or its contract
  783  agencies, the and any guardian ad litem, and the or attorney ad
  784  litem for the child, if appointed. If a parent is unavailable or
  785  unable to consent or withholds consent and the court determines
  786  access to the records and information is necessary to provide
  787  services to the child, the court shall issue an order granting
  788  access.
  789         (14) The time limitations in this section do not include:
  790         (a) Periods of delay resulting from a continuance granted
  791  at the request or with the consent of the child’s counsel or the
  792  child’s guardian ad litem, or attorney ad litem if one has been
  793  appointed by the court, or, if the child is of sufficient
  794  capacity to express reasonable consent, at the request or with
  795  the consent of the child’s attorney or the child’s guardian ad
  796  litem, if one has been appointed by the court, and the child.
  797         Section 15. Paragraphs (a) and (b) of subsection (4) of
  798  section 39.4022, Florida Statutes, are amended to read:
  799         39.4022 Multidisciplinary teams; staffings; assessments;
  800  report.—
  801         (4) PARTICIPANTS.—
  802         (a) Collaboration among diverse individuals who are part of
  803  the child’s network is necessary to make the most informed
  804  decisions possible for the child. A diverse team is preferable
  805  to ensure that the necessary combination of technical skills,
  806  cultural knowledge, community resources, and personal
  807  relationships is developed and maintained for the child and
  808  family. The participants necessary to achieve an appropriately
  809  diverse team for a child may vary by child and may include
  810  extended family, friends, neighbors, coaches, clergy, coworkers,
  811  or others the family identifies as potential sources of support.
  812         1. Each multidisciplinary team staffing must invite the
  813  following members:
  814         a. The child, unless he or she is not of an age or capacity
  815  to participate in the team, and the child’s guardian ad litem;
  816         b. The child’s family members and other individuals
  817  identified by the family as being important to the child,
  818  provided that a parent who has a no contact order or injunction,
  819  is alleged to have sexually abused the child, or is subject to a
  820  termination of parental rights may not participate;
  821         c. The current caregiver, provided the caregiver is not a
  822  parent who meets the criteria of one of the exceptions under
  823  sub-subparagraph b.;
  824         d. A representative from the department other than the
  825  Children’s Legal Services attorney, when the department is
  826  directly involved in the goal identified by the staffing;
  827         e. A representative from the community-based care lead
  828  agency, when the lead agency is directly involved in the goal
  829  identified by the staffing;
  830         f. The case manager for the child, or his or her case
  831  manager supervisor; and
  832         g. A representative from the Department of Juvenile
  833  Justice, if the child is dually involved with both the
  834  department and the Department of Juvenile Justice.
  835         2. The multidisciplinary team must make reasonable efforts
  836  to have all mandatory invitees attend. However, the
  837  multidisciplinary team staffing may not be delayed if the
  838  invitees in subparagraph 1. fail to attend after being provided
  839  reasonable opportunities.
  840         (b) Based on the particular goal the multidisciplinary team
  841  staffing identifies as the purpose of convening the staffing as
  842  provided under subsection (5), the department or lead agency may
  843  also invite to the meeting other professionals, including, but
  844  not limited to:
  845         1. A representative from Children’s Medical Services;
  846         2. A guardian ad litem, if one is appointed;
  847         3. A school personnel representative who has direct contact
  848  with the child;
  849         3.4. A therapist or other behavioral health professional,
  850  if applicable;
  851         4.5. A mental health professional with expertise in sibling
  852  bonding, if the department or lead agency deems such expert is
  853  necessary; or
  854         5.6. Other community providers of services to the child or
  855  stakeholders, when applicable.
  856         Section 16. Paragraph (d) of subsection (3) and paragraph
  857  (c) of subsection (4) of section 39.4023, Florida Statutes, are
  858  amended to read:
  859         39.4023 Placement and education transitions; transition
  860  plans.—
  861         (3) PLACEMENT TRANSITIONS.—
  862         (d) Transition planning.—
  863         1. If the supportive services provided pursuant to
  864  paragraph (c) have not been successful to make the maintenance
  865  of the placement suitable or if there are other circumstances
  866  that require the child to be moved, the department or the
  867  community-based care lead agency must convene a
  868  multidisciplinary team staffing as required under s. 39.4022
  869  before the child’s placement is changed, or within 72 hours of
  870  moving the child in an emergency situation, for the purpose of
  871  developing an appropriate transition plan.
  872         2. A placement change may occur immediately in an emergency
  873  situation without convening a multidisciplinary team staffing.
  874  However, a multidisciplinary team staffing must be held within
  875  72 hours after the emergency situation arises.
  876         3. The department or the community-based care lead agency
  877  must provide written notice of the planned move at least 14 days
  878  before the move or within 72 hours after an emergency situation,
  879  to the greatest extent possible and consistent with the child’s
  880  needs and preferences. The notice must include the reason a
  881  placement change is necessary. A copy of the notice must be
  882  filed with the court and be provided to:
  883         a. The child, unless he or she, due to age or capacity, is
  884  unable to comprehend the written notice, which will necessitate
  885  the department or lead agency to provide notice in an age
  886  appropriate and capacity-appropriate alternative manner;
  887         b. The child’s parents, unless prohibited by court order;
  888         c. The child’s out-of-home caregiver;
  889         d. The guardian ad litem, if one is appointed;
  890         e. The attorney ad litem for the child, if one is
  891  appointed; and
  892         f. The attorney for the department.
  893         4. The transition plan must be developed through
  894  cooperation among the persons included in subparagraph 3., and
  895  such persons must share any relevant information necessary for
  896  its development. Subject to the child’s needs and preferences,
  897  the transition plan must meet the requirements of s.
  898  409.1415(2)(b)8. and exclude any placement changes that occur
  899  between 7 p.m. and 8 a.m.
  900         5. The department or the community-based care lead agency
  901  shall file the transition plan with the court within 48 hours
  902  after the creation of such plan and provide a copy of the plan
  903  to the persons included in subparagraph 3.
  904         (4) EDUCATION TRANSITIONS.—
  905         (c) Minimizing school changes.—
  906         1. Every effort must be made to keep a child in the school
  907  of origin if it is in the child’s best interest. Any placement
  908  decision must include thoughtful consideration of which school a
  909  child will attend if a school change is necessary.
  910         2. Members of a multidisciplinary team staffing convened
  911  for a purpose other than a school change must determine the
  912  child’s best interest regarding remaining in the school or
  913  program of origin if the child’s educational options are
  914  affected by any other decision being made by the
  915  multidisciplinary team.
  916         3. The determination of whether it is in the child’s best
  917  interest to remain in the school of origin, and if not, of which
  918  school the child will attend in the future, must be made in
  919  consultation with the following individuals, including, but not
  920  limited to, the child; the parents; the caregiver; the child
  921  welfare professional; the guardian ad litem, if appointed; the
  922  educational surrogate, if appointed; child care and educational
  923  staff, including teachers and guidance counselors; and the
  924  school district representative or foster care liaison. A
  925  multidisciplinary team member may contact any of these
  926  individuals in advance of a multidisciplinary team staffing to
  927  obtain his or her recommendation. An individual may remotely
  928  attend the multidisciplinary team staffing if one of the
  929  identified goals is related to determining an educational
  930  placement. The multidisciplinary team may rely on a report from
  931  the child’s current school or program district and, if
  932  applicable, any other school district being considered for the
  933  educational placement if the required school personnel are not
  934  available to attend the multidisciplinary team staffing in
  935  person or remotely.
  936         4. The multidisciplinary team and the individuals listed in
  937  subparagraph 3. must consider, at a minimum, all of the
  938  following factors when determining whether remaining in the
  939  school or program of origin is in the child’s best interest or,
  940  if not, when selecting a new school or program:
  941         a. The child’s desire to remain in the school or program of
  942  origin.
  943         b. The preference of the child’s parents or legal
  944  guardians.
  945         c. Whether the child has siblings, close friends, or
  946  mentors at the school or program of origin.
  947         d. The child’s cultural and community connections in the
  948  school or program of origin.
  949         e. Whether the child is suspected of having a disability
  950  under the Individuals with Disabilities Education Act (IDEA) or
  951  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
  952  interventions under this state’s multitiered system of supports.
  953         f. Whether the child has an evaluation pending for special
  954  education and related services under IDEA or s. 504 of the
  955  Rehabilitation Act of 1973.
  956         g. Whether the child is a student with a disability under
  957  IDEA who is receiving special education and related services or
  958  a student with a disability under s. 504 of the Rehabilitation
  959  Act of 1973 who is receiving accommodations and services and, if
  960  so, whether those required services are available in a school or
  961  program other than the school or program of origin.
  962         h. Whether the child is an English Language Learner student
  963  and is receiving language services and, if so, whether those
  964  required services are available in a school or program other
  965  than the school or program of origin.
  966         i. The impact a change to the school or program of origin
  967  would have on academic credits and progress toward promotion.
  968         j. The availability of extracurricular activities important
  969  to the child.
  970         k. The child’s known individualized educational plan or
  971  other medical and behavioral health needs and whether such plan
  972  or needs are able to be met at a school or program other than
  973  the school or program of origin.
  974         l. The child’s permanency goal and timeframe for achieving
  975  permanency.
  976         m. The child’s history of school transfers and how such
  977  transfers have impacted the child academically, emotionally, and
  978  behaviorally.
  979         n. The length of the commute to the school or program from
  980  the child’s home or placement and how such commute would impact
  981  the child.
  982         o. The length of time the child has attended the school or
  983  program of origin.
  984         5. The cost of transportation cannot be a factor in making
  985  a best interest determination.
  986         Section 17. Paragraph (f) of subsection (3) of section
  987  39.407, Florida Statutes, is amended to read:
  988         39.407 Medical, psychiatric, and psychological examination
  989  and treatment of child; physical, mental, or substance abuse
  990  examination of person with or requesting child custody.—
  991         (3)
  992         (f)1. The department shall fully inform the court of the
  993  child’s medical and behavioral status as part of the social
  994  services report prepared for each judicial review hearing held
  995  for a child for whom psychotropic medication has been prescribed
  996  or provided under this subsection. As a part of the information
  997  provided to the court, the department shall furnish copies of
  998  all pertinent medical records concerning the child which have
  999  been generated since the previous hearing. On its own motion or
 1000  on good cause shown by any party, including any guardian ad
 1001  litem, attorney, or attorney ad litem, if appointed who has been
 1002  appointed to represent the child or the child’s interests, the
 1003  court may review the status more frequently than required in
 1004  this subsection.
 1005         2. The court may, in the best interests of the child, order
 1006  the department to obtain a medical opinion addressing whether
 1007  the continued use of the medication under the circumstances is
 1008  safe and medically appropriate.
 1009         Section 18. Paragraphs (m), (t), and (u) of subsection (1)
 1010  of section 39.4085, Florida Statutes, are amended to read:
 1011         39.4085 Goals for dependent children; responsibilities;
 1012  education.—
 1013         (1) The Legislature finds that the design and delivery of
 1014  child welfare services should be directed by the principle that
 1015  the health and safety of children, including the freedom from
 1016  abuse, abandonment, or neglect, is of paramount concern and,
 1017  therefore, establishes the following goals for children in
 1018  shelter or foster care:
 1019         (m) To receive meaningful case management and planning that
 1020  will quickly return the child to his or her family or move the
 1021  child on to other forms of permanency. For youth transitioning
 1022  from foster care to independent living, permanency includes
 1023  establishing naturally occurring, lifelong, kin-like connections
 1024  between the youth and a supportive adult.
 1025         (t) To have a guardian ad litem appointed to represent,
 1026  within reason, their best interests and, if appropriate, an
 1027  attorney ad litem appointed to represent their legal interests;
 1028  the guardian ad litem and attorney ad litem, if appointed, shall
 1029  have immediate and unlimited access to the children they
 1030  represent.
 1031         (u) To have all their records available for review by their
 1032  guardian ad litem and attorney ad litem, if appointed, if they
 1033  deem such review necessary.
 1034  
 1035  This subsection establishes goals and not rights. This
 1036  subsection does not require the delivery of any particular
 1037  service or level of service in excess of existing
 1038  appropriations. A person does not have a cause of action against
 1039  the state or any of its subdivisions, agencies, contractors,
 1040  subcontractors, or agents, based upon the adoption of or failure
 1041  to provide adequate funding for the achievement of these goals
 1042  by the Legislature. This subsection does not require the
 1043  expenditure of funds to meet the goals established in this
 1044  subsection except those funds specifically appropriated for such
 1045  purpose.
 1046         Section 19. Paragraph (c) of subsection (1) of section
 1047  39.521, Florida Statutes, is amended to read:
 1048         39.521 Disposition hearings; powers of disposition.—
 1049         (1) A disposition hearing shall be conducted by the court,
 1050  if the court finds that the facts alleged in the petition for
 1051  dependency were proven in the adjudicatory hearing, or if the
 1052  parents or legal custodians have consented to the finding of
 1053  dependency or admitted the allegations in the petition, have
 1054  failed to appear for the arraignment hearing after proper
 1055  notice, or have not been located despite a diligent search
 1056  having been conducted.
 1057         (c) When any child is adjudicated by a court to be
 1058  dependent, the court having jurisdiction of the child has the
 1059  power by order to:
 1060         1. Require the parent and, when appropriate, the legal
 1061  guardian or the child to participate in treatment and services
 1062  identified as necessary. The court may require the person who
 1063  has custody or who is requesting custody of the child to submit
 1064  to a mental health or substance abuse disorder assessment or
 1065  evaluation. The order may be made only upon good cause shown and
 1066  pursuant to notice and procedural requirements provided under
 1067  the Florida Rules of Juvenile Procedure. The mental health
 1068  assessment or evaluation must be administered by a qualified
 1069  professional as defined in s. 39.01, and the substance abuse
 1070  assessment or evaluation must be administered by a qualified
 1071  professional as defined in s. 397.311. The court may also
 1072  require such person to participate in and comply with treatment
 1073  and services identified as necessary, including, when
 1074  appropriate and available, participation in and compliance with
 1075  a mental health court program established under chapter 394 or a
 1076  treatment-based drug court program established under s. 397.334.
 1077  Adjudication of a child as dependent based upon evidence of harm
 1078  as defined in s. 39.01 s. 39.01(34)(g) demonstrates good cause,
 1079  and the court shall require the parent whose actions caused the
 1080  harm to submit to a substance abuse disorder assessment or
 1081  evaluation and to participate and comply with treatment and
 1082  services identified in the assessment or evaluation as being
 1083  necessary. In addition to supervision by the department, the
 1084  court, including the mental health court program or the
 1085  treatment-based drug court program, may oversee the progress and
 1086  compliance with treatment by a person who has custody or is
 1087  requesting custody of the child. The court may impose
 1088  appropriate available sanctions for noncompliance upon a person
 1089  who has custody or is requesting custody of the child or make a
 1090  finding of noncompliance for consideration in determining
 1091  whether an alternative placement of the child is in the child’s
 1092  best interests. Any order entered under this subparagraph may be
 1093  made only upon good cause shown. This subparagraph does not
 1094  authorize placement of a child with a person seeking custody of
 1095  the child, other than the child’s parent or legal custodian, who
 1096  requires mental health or substance abuse disorder treatment.
 1097         2. Require, if the court deems necessary, the parties to
 1098  participate in dependency mediation.
 1099         3. Require placement of the child either under the
 1100  protective supervision of an authorized agent of the department
 1101  in the home of one or both of the child’s parents or in the home
 1102  of a relative of the child or another adult approved by the
 1103  court, or in the custody of the department. Protective
 1104  supervision continues until the court terminates it or until the
 1105  child reaches the age of 18, whichever date is first. Protective
 1106  supervision shall be terminated by the court whenever the court
 1107  determines that permanency has been achieved for the child,
 1108  whether with a parent, another relative, or a legal custodian,
 1109  and that protective supervision is no longer needed. The
 1110  termination of supervision may be with or without retaining
 1111  jurisdiction, at the court’s discretion, and shall in either
 1112  case be considered a permanency option for the child. The order
 1113  terminating supervision by the department must set forth the
 1114  powers of the custodian of the child and include the powers
 1115  ordinarily granted to a guardian of the person of a minor unless
 1116  otherwise specified. Upon the court’s termination of supervision
 1117  by the department, further judicial reviews are not required if
 1118  permanency has been established for the child.
 1119         4. Determine whether the child has a strong attachment to
 1120  the prospective permanent guardian and whether such guardian has
 1121  a strong commitment to permanently caring for the child.
 1122         Section 20. Paragraph (c) of subsection (3) of section
 1123  39.522, Florida Statutes, is amended to read:
 1124         39.522 Postdisposition change of custody.—
 1125         (3)
 1126         (c)1. The department or community-based care lead agency
 1127  must notify a current caregiver who has been in the physical
 1128  custody placement for at least 9 consecutive months and who
 1129  meets all the established criteria in paragraph (b) of an intent
 1130  to change the physical custody of the child, and a
 1131  multidisciplinary team staffing must be held in accordance with
 1132  ss. 39.4022 and 39.4023 at least 21 days before the intended
 1133  date for the child’s change in physical custody, unless there is
 1134  an emergency situation as defined in s. 39.4022(2)(b). If there
 1135  is not a unanimous consensus decision reached by the
 1136  multidisciplinary team, the department’s official position must
 1137  be provided to the parties within the designated time period as
 1138  provided for in s. 39.4022.
 1139         2. A caregiver who objects to the department’s official
 1140  position on the change in physical custody must notify the court
 1141  and the department or community-based care lead agency of his or
 1142  her objection and the intent to request an evidentiary hearing
 1143  in writing in accordance with this section within 5 days after
 1144  receiving notice of the department’s official position provided
 1145  under subparagraph 1. The transition of the child to the new
 1146  caregiver may not begin before the expiration of the 5-day
 1147  period within which the current caregiver may object.
 1148         3. Upon the department or community-based care lead agency
 1149  receiving written notice of the caregiver’s objection, the
 1150  change to the child’s physical custody must be placed in
 1151  abeyance and the child may not be transitioned to a new physical
 1152  placement without a court order, unless there is an emergency
 1153  situation as defined in s. 39.4022(2)(b).
 1154         4. Within 7 days after receiving written notice from the
 1155  caregiver, the court must conduct an initial case status
 1156  hearing, at which time the court must:
 1157         a. Grant party status to the current caregiver who is
 1158  seeking permanent custody and has maintained physical custody of
 1159  that child for at least 9 continuous months for the limited
 1160  purpose of filing a motion for a hearing on the objection and
 1161  presenting evidence pursuant to this subsection;
 1162         b. Appoint an attorney for the child who is the subject of
 1163  the permanent custody proceeding, in addition to the guardian ad
 1164  litem, if one is appointed;
 1165         c. Advise the caregiver of his or her right to retain
 1166  counsel for purposes of the evidentiary hearing; and
 1167         c.d. Appoint a court-selected neutral and independent
 1168  licensed professional with expertise in the science and research
 1169  of child-parent bonding.
 1170         Section 21. Paragraph (c) of subsection (1) and paragraph
 1171  (c) of subsection (3) of section 39.6012, Florida Statutes, are
 1172  amended to read:
 1173         39.6012 Case plan tasks; services.—
 1174         (1) The services to be provided to the parent and the tasks
 1175  that must be completed are subject to the following:
 1176         (c) If there is evidence of harm as defined in s. 39.01 s.
 1177  39.01(34)(g), the case plan must include as a required task for
 1178  the parent whose actions caused the harm that the parent submit
 1179  to a substance abuse disorder assessment or evaluation and
 1180  participate and comply with treatment and services identified in
 1181  the assessment or evaluation as being necessary.
 1182         (3) In addition to any other requirement, if the child is
 1183  in an out-of-home placement, the case plan must include:
 1184         (c) When appropriate, for a child who is 13 years of age or
 1185  older, a written description of the programs and services that
 1186  will help the child prepare for the transition from foster care
 1187  to independent living. The written description must include age
 1188  appropriate activities for the child’s development of
 1189  relationships, coping skills, and emotional well-being.
 1190         Section 22. Section 39.6036, Florida Statutes, is created
 1191  to read:
 1192         39.6036 Supportive adults for youth transitioning out of
 1193  foster care.—
 1194         (1)The Legislature finds that a committed, caring adult
 1195  provides a lifeline for youth transitioning out of foster care
 1196  to live independently. Accordingly, it is the intent of the
 1197  Legislature that the Statewide Guardian ad Litem Office help
 1198  youth connect with supportive adults, with the hope of creating
 1199  an ongoing relationship that lasts into adulthood.
 1200         (2)The Statewide Guardian ad Litem Office shall work with
 1201  youth transitioning out of foster care to identify at least one
 1202  supportive adult with whom the youth can enter into a formal
 1203  agreement for an ongoing relationship, and to document such
 1204  agreement in the youth’s court file. If the youth cannot
 1205  identify a supportive adult, the Statewide Guardian ad Litem
 1206  Office shall work in coordination with the Office of Continuing
 1207  Care to identify at least one supportive adult with whom the
 1208  youth can enter into a formal agreement for an ongoing
 1209  relationship, and to document such agreement in the youth’s
 1210  court file.
 1211         Section 23. Paragraph (c) of subsection (10) of section
 1212  39.621, Florida Statutes, is amended to read:
 1213         39.621 Permanency determination by the court.—
 1214         (10) The permanency placement is intended to continue until
 1215  the child reaches the age of majority and may not be disturbed
 1216  absent a finding by the court that the circumstances of the
 1217  permanency placement are no longer in the best interest of the
 1218  child.
 1219         (c) The court shall base its decision concerning any motion
 1220  by a parent for reunification or increased contact with a child
 1221  on the effect of the decision on the safety, well-being, and
 1222  physical and emotional health of the child. Factors that must be
 1223  considered and addressed in the findings of fact of the order on
 1224  the motion must include:
 1225         1. The compliance or noncompliance of the parent with the
 1226  case plan;
 1227         2. The circumstances which caused the child’s dependency
 1228  and whether those circumstances have been resolved;
 1229         3. The stability and longevity of the child’s placement;
 1230         4. The preferences of the child, if the child is of
 1231  sufficient age and understanding to express a preference;
 1232         5. The recommendation of the current custodian; and
 1233         6. Any The recommendation of the guardian ad litem, if one
 1234  has been appointed.
 1235         Section 24. Subsection (2) of section 39.6241, Florida
 1236  Statutes, is amended to read:
 1237         39.6241 Another planned permanent living arrangement.—
 1238         (2) The department and the guardian ad litem must provide
 1239  the court with a recommended list and description of services
 1240  needed by the child, such as independent living services and
 1241  medical, dental, educational, or psychological referrals, and a
 1242  recommended list and description of services needed by his or
 1243  her caregiver. The guardian ad litem must also advise the court
 1244  whether the child has been connected with a supportive adult
 1245  and, if the child has been connected with a supportive adult,
 1246  whether the child has entered into a formal agreement with the
 1247  adult. If the child has entered into such agreement, as required
 1248  in s. 39.6036, the guardian ad litem must ensure the agreement
 1249  is documented in the court file.
 1250         Section 25. Paragraphs (b) and (f) of subsection (1),
 1251  paragraph (c) of subsection (2), subsection (3), and paragraph
 1252  (e) of subsection (4) of section 39.701, Florida Statutes, are
 1253  amended to read:
 1254         39.701 Judicial review.—
 1255         (1) GENERAL PROVISIONS.—
 1256         (b)1. The court shall retain jurisdiction over a child
 1257  returned to his or her parents for a minimum period of 6 months
 1258  following the reunification, but, at that time, based on a
 1259  report of the social service agency and the guardian ad litem,
 1260  if one has been appointed, and any other relevant factors, the
 1261  court shall make a determination as to whether supervision by
 1262  the department and the court’s jurisdiction shall continue or be
 1263  terminated.
 1264         2. Notwithstanding subparagraph 1., the court must retain
 1265  jurisdiction over a child if the child is placed in the home
 1266  with a parent or caregiver with an in-home safety plan and such
 1267  safety plan remains necessary for the child to reside safely in
 1268  the home.
 1269         (f) Notice of a judicial review hearing or a citizen review
 1270  panel hearing, and a copy of the motion for judicial review, if
 1271  any, must be served by the clerk of the court upon all of the
 1272  following persons, if available to be served, regardless of
 1273  whether the person was present at the previous hearing at which
 1274  the date, time, and location of the hearing was announced:
 1275         1. The social service agency charged with the supervision
 1276  of care, custody, or guardianship of the child, if that agency
 1277  is not the movant.
 1278         2. The foster parent or legal custodian in whose home the
 1279  child resides.
 1280         3. The parents.
 1281         4. The guardian ad litem for the child, or the
 1282  representative of the guardian ad litem program if the program
 1283  has been appointed.
 1284         5. The attorney ad litem for the child, if appointed.
 1285         6. The child, if the child is 13 years of age or older.
 1286         7. Any preadoptive parent.
 1287         8. Such other persons as the court may direct.
 1288         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1289  AGE.—
 1290         (c) Review determinations.—The court and any citizen review
 1291  panel shall take into consideration the information contained in
 1292  the social services study and investigation and all medical,
 1293  psychological, and educational records that support the terms of
 1294  the case plan; testimony by the social services agency, the
 1295  parent, the foster parent or caregiver, the guardian ad litem or
 1296  surrogate parent for educational decisionmaking if one has been
 1297  appointed for the child, and any other person deemed
 1298  appropriate; and any relevant and material evidence submitted to
 1299  the court, including written and oral reports to the extent of
 1300  their probative value. These reports and evidence may be
 1301  received by the court in its effort to determine the action to
 1302  be taken with regard to the child and may be relied upon to the
 1303  extent of their probative value, even though not competent in an
 1304  adjudicatory hearing. In its deliberations, the court and any
 1305  citizen review panel shall seek to determine:
 1306         1. If the parent was advised of the right to receive
 1307  assistance from any person or social service agency in the
 1308  preparation of the case plan.
 1309         2. If the parent has been advised of the right to have
 1310  counsel present at the judicial review or citizen review
 1311  hearings. If not so advised, the court or citizen review panel
 1312  shall advise the parent of such right.
 1313         3. If a guardian ad litem needs to be appointed for the
 1314  child in a case in which a guardian ad litem has not previously
 1315  been appointed or if there is a need to continue a guardian ad
 1316  litem in a case in which a guardian ad litem has been appointed.
 1317         4. Who holds the rights to make educational decisions for
 1318  the child. If appropriate, the court may refer the child to the
 1319  district school superintendent for appointment of a surrogate
 1320  parent or may itself appoint a surrogate parent under the
 1321  Individuals with Disabilities Education Act and s. 39.0016.
 1322         5. The compliance or lack of compliance of all parties with
 1323  applicable items of the case plan, including the parents’
 1324  compliance with child support orders.
 1325         6. The compliance or lack of compliance with a visitation
 1326  contract between the parent and the social service agency for
 1327  contact with the child, including the frequency, duration, and
 1328  results of the parent-child visitation and the reason for any
 1329  noncompliance.
 1330         7. The frequency, kind, and duration of contacts among
 1331  siblings who have been separated during placement, as well as
 1332  any efforts undertaken to reunite separated siblings if doing so
 1333  is in the best interests of the child.
 1334         8. The compliance or lack of compliance of the parent in
 1335  meeting specified financial obligations pertaining to the care
 1336  of the child, including the reason for failure to comply, if
 1337  applicable.
 1338         9. Whether the child is receiving safe and proper care
 1339  according to s. 39.6012, including, but not limited to, the
 1340  appropriateness of the child’s current placement, including
 1341  whether the child is in a setting that is as family-like and as
 1342  close to the parent’s home as possible, consistent with the
 1343  child’s best interests and special needs, and including
 1344  maintaining stability in the child’s educational placement, as
 1345  documented by assurances from the community-based care lead
 1346  agency that:
 1347         a. The placement of the child takes into account the
 1348  appropriateness of the current educational setting and the
 1349  proximity to the school in which the child is enrolled at the
 1350  time of placement.
 1351         b. The community-based care lead agency has coordinated
 1352  with appropriate local educational agencies to ensure that the
 1353  child remains in the school in which the child is enrolled at
 1354  the time of placement.
 1355         10. A projected date likely for the child’s return home or
 1356  other permanent placement.
 1357         11. When appropriate, the basis for the unwillingness or
 1358  inability of the parent to become a party to a case plan. The
 1359  court and the citizen review panel shall determine if the
 1360  efforts of the social service agency to secure party
 1361  participation in a case plan were sufficient.
 1362         12. For a child who has reached 13 years of age but is not
 1363  yet 18 years of age, the adequacy of the child’s preparation for
 1364  adulthood and independent living. For a child who is 15 years of
 1365  age or older, the court shall determine if appropriate steps are
 1366  being taken for the child to obtain a driver license or
 1367  learner’s driver license.
 1368         13. If amendments to the case plan are required. Amendments
 1369  to the case plan must be made under s. 39.6013.
 1370         14. If the parents and caregivers have developed a
 1371  productive relationship that includes meaningful communication
 1372  and mutual support.
 1373         (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At
 1374  each review hearing held under this subsection, the court shall
 1375  give the child and the guardian ad litem the opportunity to
 1376  address the court and provide any information relevant to the
 1377  child’s best interest, particularly in relation to independent
 1378  living transition services. The foster parent or, legal
 1379  custodian, or guardian ad litem may also provide any information
 1380  relevant to the child’s best interest to the court. In addition
 1381  to the review and report required under paragraphs (1)(a), and
 1382  (2)(a), and s. 39.822(2)(a)2., respectively, the court shall:
 1383         (a) Inquire about the life skills the child has acquired
 1384  and whether those services are age appropriate, at the first
 1385  judicial review hearing held subsequent to the child’s 16th
 1386  birthday. At the judicial review hearing, the department shall
 1387  provide the court with a report that includes specific
 1388  information related to the life skills that the child has
 1389  acquired since the child’s 13th birthday or since the date the
 1390  child came into foster care, whichever came later. For any child
 1391  who may meet the requirements for appointment of a guardian
 1392  advocate under s. 393.12 or a guardian under chapter 744, the
 1393  updated case plan must be developed in a face-to-face conference
 1394  with the child, if appropriate; the child’s attorney ad litem,
 1395  if appointed; the any court-appointed guardian ad litem; the
 1396  temporary custodian of the child; and the parent of the child,
 1397  if the parent’s rights have not been terminated.
 1398         (b) The court shall hold a judicial review hearing within
 1399  90 days after a child’s 17th birthday. The court shall issue an
 1400  order, separate from the order on judicial review, that the
 1401  disability of nonage of the child has been removed under ss.
 1402  743.044-743.047 for any disability that the court finds is in
 1403  the child’s best interest to remove. The department shall
 1404  include in the social study report for the first judicial review
 1405  that occurs after the child’s 17th birthday written verification
 1406  that the child has:
 1407         1. A current Medicaid card and all necessary information
 1408  concerning the Medicaid program sufficient to prepare the child
 1409  to apply for coverage upon reaching the age of 18, if such
 1410  application is appropriate.
 1411         2. A certified copy of the child’s birth certificate and,
 1412  if the child does not have a valid driver license, a Florida
 1413  identification card issued under s. 322.051.
 1414         3. A social security card and information relating to
 1415  social security insurance benefits if the child is eligible for
 1416  those benefits. If the child has received such benefits and they
 1417  are being held in trust for the child, a full accounting of
 1418  these funds must be provided and the child must be informed as
 1419  to how to access those funds.
 1420         4. All relevant information related to the Road-to
 1421  Independence Program under s. 409.1451, including, but not
 1422  limited to, eligibility requirements, information on
 1423  participation, and assistance in gaining admission to the
 1424  program. If the child is eligible for the Road-to-Independence
 1425  Program, he or she must be advised that he or she may continue
 1426  to reside with the licensed family home or group care provider
 1427  with whom the child was residing at the time the child attained
 1428  his or her 18th birthday, in another licensed family home, or
 1429  with a group care provider arranged by the department.
 1430         5. An open bank account or the identification necessary to
 1431  open a bank account and to acquire essential banking and
 1432  budgeting skills.
 1433         6. Information on public assistance and how to apply for
 1434  public assistance.
 1435         7. A clear understanding of where he or she will be living
 1436  on his or her 18th birthday, how living expenses will be paid,
 1437  and the educational program or school in which he or she will be
 1438  enrolled.
 1439         8. Information related to the ability of the child to
 1440  remain in care until he or she reaches 21 years of age under s.
 1441  39.013.
 1442         9. A letter providing the dates that the child is under the
 1443  jurisdiction of the court.
 1444         10. A letter stating that the child is in compliance with
 1445  financial aid documentation requirements.
 1446         11. The child’s educational records.
 1447         12. The child’s entire health and mental health records.
 1448         13. The process for accessing the child’s case file.
 1449         14. A statement encouraging the child to attend all
 1450  judicial review hearings.
 1451         15. Information on how to obtain a driver license or
 1452  learner’s driver license.
 1453         (c) At the first judicial review hearing held subsequent to
 1454  the child’s 17th birthday, if the court determines pursuant to
 1455  chapter 744 that there is a good faith basis to believe that the
 1456  child qualifies for appointment of a guardian advocate, limited
 1457  guardian, or plenary guardian for the child and that no less
 1458  restrictive decisionmaking assistance will meet the child’s
 1459  needs:
 1460         1. The department shall complete a multidisciplinary report
 1461  which must include, but is not limited to, a psychosocial
 1462  evaluation and educational report if such a report has not been
 1463  completed within the previous 2 years.
 1464         2. The department shall identify one or more individuals
 1465  who are willing to serve as the guardian advocate under s.
 1466  393.12 or as the plenary or limited guardian under chapter 744.
 1467  Any other interested parties or participants may make efforts to
 1468  identify such a guardian advocate, limited guardian, or plenary
 1469  guardian. The child’s biological or adoptive family members,
 1470  including the child’s parents if the parents’ rights have not
 1471  been terminated, may not be considered for service as the
 1472  plenary or limited guardian unless the court enters a written
 1473  order finding that such an appointment is in the child’s best
 1474  interests.
 1475         3. Proceedings may be initiated within 180 days after the
 1476  child’s 17th birthday for the appointment of a guardian
 1477  advocate, plenary guardian, or limited guardian for the child in
 1478  a separate proceeding in the court division with jurisdiction
 1479  over guardianship matters and pursuant to chapter 744. The
 1480  Legislature encourages the use of pro bono representation to
 1481  initiate proceedings under this section.
 1482         4. In the event another interested party or participant
 1483  initiates proceedings for the appointment of a guardian
 1484  advocate, plenary guardian, or limited guardian for the child,
 1485  the department shall provide all necessary documentation and
 1486  information to the petitioner to complete a petition under s.
 1487  393.12 or chapter 744 within 45 days after the first judicial
 1488  review hearing after the child’s 17th birthday.
 1489         5. Any proceedings seeking appointment of a guardian
 1490  advocate or a determination of incapacity and the appointment of
 1491  a guardian must be conducted in a separate proceeding in the
 1492  court division with jurisdiction over guardianship matters and
 1493  pursuant to chapter 744.
 1494         (d) If the court finds at the judicial review hearing after
 1495  the child’s 17th birthday that the department has not met its
 1496  obligations to the child as stated in this part, in the written
 1497  case plan, or in the provision of independent living services,
 1498  the court may issue an order directing the department to show
 1499  cause as to why it has not done so. If the department cannot
 1500  justify its noncompliance, the court may give the department 30
 1501  days within which to comply. If the department fails to comply
 1502  within 30 days, the court may hold the department in contempt.
 1503         (e) If necessary, the court may review the status of the
 1504  child more frequently during the year before the child’s 18th
 1505  birthday. At the last review hearing before the child reaches 18
 1506  years of age, and in addition to the requirements of subsection
 1507  (2), the court shall:
 1508         1. Address whether the child plans to remain in foster
 1509  care, and, if so, ensure that the child’s transition plan
 1510  includes a plan for meeting one or more of the criteria
 1511  specified in s. 39.6251 and determine whether the child has
 1512  entered into a formal agreement for an ongoing relationship with
 1513  a supportive adult.
 1514         2. Ensure that the transition plan includes a supervised
 1515  living arrangement under s. 39.6251.
 1516         3. Ensure the child has been informed of:
 1517         a. The right to continued support and services from the
 1518  department and the community-based care lead agency.
 1519         b. The right to request termination of dependency
 1520  jurisdiction and be discharged from foster care.
 1521         c. The opportunity to reenter foster care under s. 39.6251.
 1522         4. Ensure that the child, if he or she requests termination
 1523  of dependency jurisdiction and discharge from foster care, has
 1524  been informed of:
 1525         a. Services or benefits for which the child may be eligible
 1526  based on his or her former placement in foster care, including,
 1527  but not limited to, the assistance of the Office of Continuing
 1528  Care under s. 414.56.
 1529         b. Services or benefits that may be lost through
 1530  termination of dependency jurisdiction.
 1531         c. Other federal, state, local, or community-based services
 1532  or supports available to him or her.
 1533         (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
 1534  each period of time that a young adult remains in foster care,
 1535  the court shall review the status of the young adult at least
 1536  every 6 months and must hold a permanency review hearing at
 1537  least annually.
 1538         (e) Notwithstanding the provisions of this subsection, if a
 1539  young adult has chosen to remain in extended foster care after
 1540  he or she has reached 18 years of age, the department may not
 1541  close a case and the court may not terminate jurisdiction until
 1542  the court finds, following a hearing, that the following
 1543  criteria have been met:
 1544         1. Attendance of the young adult at the hearing; or
 1545         2. Findings by the court that:
 1546         a. The young adult has been informed by the department of
 1547  his or her right to attend the hearing and has provided written
 1548  consent to waive this right; and
 1549         b. The young adult has been informed of the potential
 1550  negative effects of early termination of care, the option to
 1551  reenter care before reaching 21 years of age, the procedure for,
 1552  and limitations on, reentering care, and the availability of
 1553  alternative services, and has signed a document attesting that
 1554  he or she has been so informed and understands these provisions;
 1555  or
 1556         c. The young adult has voluntarily left the program, has
 1557  not signed the document in sub-subparagraph b., and is unwilling
 1558  to participate in any further court proceeding.
 1559         3. In all permanency hearings or hearings regarding the
 1560  transition of the young adult from care to independent living,
 1561  the court shall consult with the young adult regarding the
 1562  proposed permanency plan, case plan, and individual education
 1563  plan for the young adult and ensure that he or she has
 1564  understood the conversation. The court shall inquire of the
 1565  young adult regarding his or her relationship with the
 1566  supportive adult with whom the young adult has entered into a
 1567  formal agreement for an ongoing relationship, if such agreement
 1568  exists.
 1569         Section 26. Paragraph (a) of subsection (3) of section
 1570  39.801, Florida Statutes, is amended to read:
 1571         39.801 Procedures and jurisdiction; notice; service of
 1572  process.—
 1573         (3) Before the court may terminate parental rights, in
 1574  addition to the other requirements set forth in this part, the
 1575  following requirements must be met:
 1576         (a) Notice of the date, time, and place of the advisory
 1577  hearing for the petition to terminate parental rights and a copy
 1578  of the petition must be personally served upon the following
 1579  persons, specifically notifying them that a petition has been
 1580  filed:
 1581         1. The parents of the child.
 1582         2. The legal custodians of the child.
 1583         3. If the parents who would be entitled to notice are dead
 1584  or unknown, a living relative of the child, unless upon diligent
 1585  search and inquiry no such relative can be found.
 1586         4. Any person who has physical custody of the child.
 1587         5. Any grandparent entitled to priority for adoption under
 1588  s. 63.0425.
 1589         6. Any prospective parent who has been identified under s.
 1590  39.503 or s. 39.803, unless a court order has been entered
 1591  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1592  indicates no further notice is required. Except as otherwise
 1593  provided in this section, if there is not a legal father, notice
 1594  of the petition for termination of parental rights must be
 1595  provided to any known prospective father who is identified under
 1596  oath before the court or who is identified by a diligent search
 1597  of the Florida Putative Father Registry. Service of the notice
 1598  of the petition for termination of parental rights is not
 1599  required if the prospective father executes an affidavit of
 1600  nonpaternity or a consent to termination of his parental rights
 1601  which is accepted by the court after notice and opportunity to
 1602  be heard by all parties to address the best interests of the
 1603  child in accepting such affidavit.
 1604         7. The guardian ad litem for the child or the
 1605  representative of the guardian ad litem program, if the program
 1606  has been appointed.
 1607  
 1608  The document containing the notice to respond or appear must
 1609  contain, in type at least as large as the type in the balance of
 1610  the document, the following or substantially similar language:
 1611  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1612  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1613  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1614  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1615  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1616  NOTICE.”
 1617         Section 27. Subsection (2) of section 39.807, Florida
 1618  Statutes, is amended to read:
 1619         39.807 Right to counsel; guardian ad litem.—
 1620         (2)(a) The court shall appoint a guardian ad litem to
 1621  represent the best interest of the child in any termination of
 1622  parental rights proceedings and shall ascertain at each stage of
 1623  the proceedings whether a guardian ad litem has been appointed.
 1624         (b) The guardian ad litem has the following
 1625  responsibilities and authorities listed in s. 39.822.:
 1626         1. To investigate the allegations of the petition and any
 1627  subsequent matters arising in the case and,
 1628         (c) Unless excused by the court, the guardian ad litem
 1629  shall to file a written report. This report must include a
 1630  statement of the wishes of the child and the recommendations of
 1631  the guardian ad litem and must be provided to all parties and
 1632  the court at least 72 hours before the disposition hearing.
 1633         2. To be present at all court hearings unless excused by
 1634  the court.
 1635         3. To represent the best interests of the child until the
 1636  jurisdiction of the court over the child terminates or until
 1637  excused by the court.
 1638         (c) A guardian ad litem is not required to post bond but
 1639  shall file an acceptance of the office.
 1640         (d) A guardian ad litem is entitled to receive service of
 1641  pleadings and papers as provided by the Florida Rules of
 1642  Juvenile Procedure.
 1643         (d)(e) This subsection does not apply to any voluntary
 1644  relinquishment of parental rights proceeding.
 1645         Section 28. Subsection (2) of section 39.808, Florida
 1646  Statutes, is amended to read:
 1647         39.808 Advisory hearing; pretrial status conference.—
 1648         (2) At the hearing the court shall inform the parties of
 1649  their rights under s. 39.807, shall appoint counsel for the
 1650  parties in accordance with legal requirements, and shall appoint
 1651  a guardian ad litem to represent the interests of the child if
 1652  one has not already been appointed.
 1653         Section 29. Subsection (2) of section 39.815, Florida
 1654  Statutes, is amended to read:
 1655         39.815 Appeal.—
 1656         (2) An attorney for the department shall represent the
 1657  state upon appeal. When a notice of appeal is filed in the
 1658  circuit court, the clerk shall notify the attorney for the
 1659  department, together with the attorney for the parent, the
 1660  guardian ad litem, and any attorney ad litem for the child, if
 1661  appointed.
 1662         Section 30. Section 39.820, Florida Statutes, is repealed.
 1663         Section 31. Subsections (1) and (3) of section 39.821,
 1664  Florida Statutes, are amended to read:
 1665         39.821 Qualifications of guardians ad litem.—
 1666         (1) Because of the special trust or responsibility placed
 1667  in a guardian ad litem, the Statewide Guardian ad Litem Office
 1668  Program may use any private funds collected by the office
 1669  program, or any state funds so designated, to conduct a security
 1670  background investigation before certifying a volunteer to serve.
 1671  A security background investigation must include, but need not
 1672  be limited to, employment history checks, checks of references,
 1673  local criminal history records checks through local law
 1674  enforcement agencies, and statewide criminal history records
 1675  checks through the Department of Law Enforcement. Upon request,
 1676  an employer shall furnish a copy of the personnel record for the
 1677  employee or former employee who is the subject of a security
 1678  background investigation conducted under this section. The
 1679  information contained in the personnel record may include, but
 1680  need not be limited to, disciplinary matters and the reason why
 1681  the employee was terminated from employment. An employer who
 1682  releases a personnel record for purposes of a security
 1683  background investigation is presumed to have acted in good faith
 1684  and is not liable for information contained in the record
 1685  without a showing that the employer maliciously falsified the
 1686  record. A security background investigation conducted under this
 1687  section must ensure that a person is not certified as a guardian
 1688  ad litem if the person has an arrest awaiting final disposition
 1689  for, been convicted of, regardless of adjudication, entered a
 1690  plea of nolo contendere or guilty to, or been adjudicated
 1691  delinquent and the record has not been sealed or expunged for,
 1692  any offense prohibited under the provisions listed in s. 435.04.
 1693  All applicants must undergo a level 2 background screening
 1694  pursuant to chapter 435 before being certified to serve as a
 1695  guardian ad litem. In analyzing and evaluating the information
 1696  obtained in the security background investigation, the office
 1697  program must give particular emphasis to past activities
 1698  involving children, including, but not limited to, child-related
 1699  criminal offenses or child abuse. The program Statewide Guardian
 1700  ad Litem Office has sole discretion in determining whether to
 1701  certify a person based on his or her security background
 1702  investigation. The information collected pursuant to the
 1703  security background investigation is confidential and exempt
 1704  from s. 119.07(1).
 1705         (3) It is a misdemeanor of the first degree, punishable as
 1706  provided in s. 775.082 or s. 775.083, for any person to
 1707  willfully, knowingly, or intentionally fail, by false statement,
 1708  misrepresentation, impersonation, or other fraudulent means, to
 1709  disclose in any application for a volunteer position or for paid
 1710  employment with the Statewide Guardian ad Litem Office Program,
 1711  any material fact used in making a determination as to the
 1712  applicant’s qualifications for such position.
 1713         Section 32. Section 39.822, Florida Statutes, is amended to
 1714  read:
 1715         39.822 Appointment of guardian ad litem for abused,
 1716  abandoned, or neglected child.—
 1717         (1) A guardian ad litem shall be appointed by the court at
 1718  the earliest possible time to represent the child in any child
 1719  abuse, abandonment, or neglect judicial proceeding, whether
 1720  civil or criminal. A guardian ad litem is a fiduciary and shall
 1721  provide independent representation of the child using a best
 1722  interest standard of decisionmaking and advocacy.
 1723         (2)(a)The guardian ad litem has the following
 1724  responsibilities:
 1725         1. To be present at all court hearings unless excused by
 1726  the court.
 1727         2.To investigate issues related to the best interest of
 1728  the child who is the subject of the appointment, review all
 1729  disposition recommendations and changes in placement, and,
 1730  unless excused by the court, file written reports and
 1731  recommendations in accordance with law.
 1732         3. To represent the child until the court’s jurisdiction
 1733  over the child terminates or until excused by the court.
 1734         4.To advocate for the child’s participation in the
 1735  proceedings and report the child’s wishes to the court to the
 1736  extent the child has the ability and desire to express his or
 1737  her preferences.
 1738         5.To perform such other duties as are consistent with the
 1739  scope of the appointment.
 1740         (b)Guardians ad litem shall have immediate and unlimited
 1741  access to the children they represent.
 1742         (c)A guardian ad litem is not required to post bond but
 1743  must file an acceptance of the appointment.
 1744         (d) A guardian ad litem is entitled to receive service of
 1745  pleadings and papers as provided by the Florida Rules of
 1746  Juvenile Procedure.
 1747         (3) Any person participating in a civil or criminal
 1748  judicial proceeding resulting from such appointment shall be
 1749  presumed prima facie to be acting in good faith and in so doing
 1750  shall be immune from any liability, civil or criminal, that
 1751  otherwise might be incurred or imposed.
 1752         (4)(2) In those cases in which the parents are financially
 1753  able, the parent or parents of the child shall reimburse the
 1754  court, in part or in whole, for the cost of provision of
 1755  guardian ad litem representation services. Reimbursement to the
 1756  individual providing guardian ad litem services shall not be
 1757  contingent upon successful collection by the court from the
 1758  parent or parents.
 1759         (5)(3) Upon presentation by a guardian ad litem of a court
 1760  order appointing the guardian ad litem:
 1761         (a) An agency, as defined in chapter 119, shall allow the
 1762  guardian ad litem to inspect and copy records related to the
 1763  best interests of the child who is the subject of the
 1764  appointment, including, but not limited to, records made
 1765  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
 1766  the State Constitution. The guardian ad litem shall maintain the
 1767  confidential or exempt status of any records shared by an agency
 1768  under this paragraph.
 1769         (b) A person or organization, other than an agency under
 1770  paragraph (a), shall allow the guardian ad litem to inspect and
 1771  copy any records related to the best interests of the child who
 1772  is the subject of the appointment, including, but not limited
 1773  to, confidential records.
 1774  
 1775  For the purposes of this subsection, the term “records related
 1776  to the best interests of the child” includes, but is not limited
 1777  to, medical, mental health, substance abuse, child care,
 1778  education, law enforcement, court, social services, and
 1779  financial records.
 1780         (4) The guardian ad litem or the program representative
 1781  shall review all disposition recommendations and changes in
 1782  placements, and must be present at all critical stages of the
 1783  dependency proceeding or submit a written report of
 1784  recommendations to the court. Written reports must be filed with
 1785  the court and served on all parties whose whereabouts are known
 1786  at least 72 hours prior to the hearing.
 1787         Section 33. Subsection (4) of section 39.827, Florida
 1788  Statutes, is amended to read:
 1789         39.827 Hearing for appointment of a guardian advocate.—
 1790         (4) The hearing under this section shall remain
 1791  confidential and closed to the public. The clerk shall keep all
 1792  court records required by this part separate from other records
 1793  of the circuit court. All court records required by this part
 1794  shall be confidential and exempt from the provisions of s.
 1795  119.07(1). All records shall be inspected only upon order of the
 1796  court by persons deemed by the court to have a proper interest
 1797  therein, except that a child and the parents or custodians of
 1798  the child and their attorneys, the guardian ad litem, and the
 1799  department and its designees, and the attorney ad litem, if
 1800  appointed, shall always have the right to inspect and copy any
 1801  official record pertaining to the child. The court may permit
 1802  authorized representatives of recognized organizations compiling
 1803  statistics for proper purposes to inspect and make abstracts
 1804  from official records, under whatever conditions upon their use
 1805  and disposition the court may deem proper, and may punish by
 1806  contempt proceedings any violation of those conditions. All
 1807  information obtained pursuant to this part in the discharge of
 1808  official duty by any judge, employee of the court, or authorized
 1809  agent of the department shall be confidential and exempt from
 1810  the provisions of s. 119.07(1) and shall not be disclosed to
 1811  anyone other than the authorized personnel of the court or the
 1812  department and its designees, except upon order of the court.
 1813         Section 34. Paragraphs (a), (b), and (d) of subsection (1)
 1814  and subsection (2) of section 39.8296, Florida Statutes, are
 1815  amended to read:
 1816         39.8296 Statewide Guardian ad Litem Office; legislative
 1817  findings and intent; creation; appointment of executive
 1818  director; duties of office.—
 1819         (1) LEGISLATIVE FINDINGS AND INTENT.—
 1820         (a) The Legislature finds that for the past 20 years, the
 1821  Guardian ad Litem Program has been the only mechanism for best
 1822  interest representation for children in Florida who are involved
 1823  in dependency proceedings.
 1824         (b) The Legislature also finds that while the Guardian ad
 1825  Litem Program has been supervised by court administration within
 1826  the circuit courts since the program’s inception, there is a
 1827  perceived conflict of interest created by the supervision of
 1828  program staff by the judges before whom they appear.
 1829         (d) It is therefore the intent of the Legislature to place
 1830  the Guardian ad Litem Program in an appropriate place and
 1831  provide a statewide infrastructure to increase functioning and
 1832  standardization among the local programs currently operating in
 1833  the 20 judicial circuits.
 1834         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
 1835  Statewide Guardian ad Litem Office within the Justice
 1836  Administrative Commission. The Justice Administrative Commission
 1837  shall provide administrative support and service to the office
 1838  to the extent requested by the executive director within the
 1839  available resources of the commission. The Statewide Guardian ad
 1840  Litem Office is not subject to control, supervision, or
 1841  direction by the Justice Administrative Commission in the
 1842  performance of its duties, but the employees of the office are
 1843  governed by the classification plan and salary and benefits plan
 1844  approved by the Justice Administrative Commission.
 1845         (a) The head of the Statewide Guardian ad Litem Office is
 1846  the executive director, who shall be appointed by the Governor
 1847  from a list of a minimum of three eligible applicants submitted
 1848  by a Guardian ad Litem Qualifications Committee. The Guardian ad
 1849  Litem Qualifications Committee shall be composed of five
 1850  persons, two persons appointed by the Governor, two persons
 1851  appointed by the Chief Justice of the Supreme Court, and one
 1852  person appointed by the Statewide Guardian ad Litem Office
 1853  Association. The committee shall provide for statewide
 1854  advertisement and the receiving of applications for the position
 1855  of executive director. The Governor shall appoint an executive
 1856  director from among the recommendations, or the Governor may
 1857  reject the nominations and request the submission of new
 1858  nominees. The executive director must have knowledge in
 1859  dependency law and knowledge of social service delivery systems
 1860  available to meet the needs of children who are abused,
 1861  neglected, or abandoned. The executive director shall serve on a
 1862  full-time basis and shall personally, or through representatives
 1863  of the office, carry out the purposes and functions of the
 1864  Statewide Guardian ad Litem Office in accordance with state and
 1865  federal law and Florida’s long-established policy of
 1866  prioritizing children’s best interests. The executive director
 1867  shall report to the Governor. The executive director shall serve
 1868  a 3-year term, subject to removal for cause by the Governor. Any
 1869  person appointed to serve as the executive director may be
 1870  permitted to serve more than one term, without the necessity of
 1871  convening the Guardian ad Litem Qualifications Committee.
 1872         (b) The Statewide Guardian ad Litem Office shall, within
 1873  available resources, have oversight responsibilities for and
 1874  provide technical assistance to all guardian ad litem and
 1875  attorney ad litem programs located within the judicial circuits.
 1876         1. The office shall identify the resources required to
 1877  implement methods of collecting, reporting, and tracking
 1878  reliable and consistent case data.
 1879         2. The office shall review the current guardian ad litem
 1880  offices programs in Florida and other states.
 1881         3. The office, in consultation with local guardian ad litem
 1882  offices, shall develop statewide performance measures and
 1883  standards.
 1884         4. The office shall develop and maintain a guardian ad
 1885  litem training program, which shall include, but is not limited
 1886  to, training on the recognition of and responses to head trauma
 1887  and brain injury in a child under 6 years of age. The office
 1888  shall establish a curriculum committee to develop the training
 1889  program specified in this subparagraph. The curriculum committee
 1890  shall include, but not be limited to, dependency judges,
 1891  directors of circuit guardian ad litem programs, active
 1892  certified guardians ad litem, a mental health professional who
 1893  specializes in the treatment of children, a member of a child
 1894  advocacy group, a representative of a domestic violence advocacy
 1895  group, an individual with a degree in social work, and a social
 1896  worker experienced in working with victims and perpetrators of
 1897  child abuse. The training program shall be updated regularly.
 1898         5. The office shall review the various methods of funding
 1899  guardian ad litem offices programs, maximize the use of those
 1900  funding sources to the extent possible, and review the kinds of
 1901  services being provided by circuit guardian ad litem offices
 1902  programs.
 1903         6. The office shall determine the feasibility or
 1904  desirability of new concepts of organization, administration,
 1905  financing, or service delivery designed to preserve the civil
 1906  and constitutional rights and fulfill other needs of dependent
 1907  children.
 1908         7. The office shall ensure that all children have an
 1909  attorney assigned to their case and, within available resources,
 1910  be represented using multidisciplinary teams that may include
 1911  volunteers, pro bono attorneys, social workers, and mentors.
 1912         8.The office shall provide oversight and technical
 1913  assistance to attorneys ad litem, including but not limited to:
 1914         a.Developing an attorney ad litem training program in
 1915  collaboration with dependency court stakeholders, including, but
 1916  not limited to, dependency judges, representatives from legal
 1917  aid providing attorney ad litem representation, and an attorney
 1918  ad litem appointed from a registry maintained by the chief
 1919  judge. The program shall be updated regularly with or without
 1920  convening the stakeholders group;
 1921         b.Offering consultation and technical assistance to chief
 1922  judges in maintaining attorney registries for attorneys ad
 1923  litem; and
 1924         c.Assisting with recruitment, training, and mentoring of
 1925  attorneys ad litem as needed.
 1926         9. In an effort to promote normalcy and establish trust
 1927  between a court-appointed volunteer guardian ad litem and a
 1928  child alleged to be abused, abandoned, or neglected under this
 1929  chapter, a guardian ad litem may transport a child. However, a
 1930  guardian ad litem volunteer may not be required by a guardian ad
 1931  litem circuit office or ordered by or directed by the program or
 1932  a court to transport a child.
 1933         10.8. The office shall submit to the Governor, the
 1934  President of the Senate, the Speaker of the House of
 1935  Representatives, and the Chief Justice of the Supreme Court an
 1936  interim report describing the progress of the office in meeting
 1937  the goals as described in this section. The office shall submit
 1938  to the Governor, the President of the Senate, the Speaker of the
 1939  House of Representatives, and the Chief Justice of the Supreme
 1940  Court a proposed plan including alternatives for meeting the
 1941  state’s guardian ad litem and attorney ad litem needs. This plan
 1942  may include recommendations for less than the entire state, may
 1943  include a phase-in system, and shall include estimates of the
 1944  cost of each of the alternatives. Each year the office shall
 1945  provide a status report and provide further recommendations to
 1946  address the need for guardian ad litem services and related
 1947  issues.
 1948         Section 35. Subsections (1), (3), and (4) of section
 1949  39.8297, Florida Statutes, are amended to read:
 1950         39.8297 County funding for guardian ad litem employees.—
 1951         (1) A county and the executive director of the Statewide
 1952  Guardian ad Litem Office may enter into an agreement by which
 1953  the county agrees to provide funds to the local guardian ad
 1954  litem office in order to employ persons who will assist in the
 1955  operation of the guardian ad litem office program in the county.
 1956         (3) Persons employed under this section may not be counted
 1957  in a formula or similar process used by the Statewide Guardian
 1958  ad Litem Office to measure personnel needs of a judicial
 1959  circuit’s guardian ad litem office program.
 1960         (4) Agreements created pursuant to this section do not
 1961  obligate the state to allocate funds to a county to employ
 1962  persons in the guardian ad litem office program.
 1963         Section 36. Section 39.8298, Florida Statutes, is amended
 1964  to read:
 1965         39.8298 Guardian ad Litem state direct-support organization
 1966  and local direct-support organizations.—
 1967         (1) AUTHORITY.—The Statewide Guardian ad Litem Office
 1968  created under s. 39.8296 is authorized to create a state direct
 1969  support organization and create or designate local direct
 1970  support organizations. The executive director of the Statewide
 1971  Guardian ad Litem Office is responsible for designating local
 1972  direct-support organizations under this subsection.
 1973         (a) The state direct-support organization and the local
 1974  direct-support organizations must be a Florida corporations
 1975  corporation not for profit, incorporated under the provisions of
 1976  chapter 617. The state direct-support organization and the local
 1977  direct-support organization are shall be exempt from paying fees
 1978  under s. 617.0122.
 1979         (b) The state direct-support organization and each local
 1980  direct-support organization shall be organized and operated to
 1981  conduct programs and activities; raise funds; request and
 1982  receive grants, gifts, and bequests of moneys; acquire, receive,
 1983  hold, invest, and administer, in their its own name, securities,
 1984  funds, objects of value, or other property, real or personal;
 1985  and make expenditures to or for the direct or indirect benefit
 1986  of the Statewide Guardian ad Litem Office, including the local
 1987  guardian ad litem offices.
 1988         (c) If the executive director of the Statewide Guardian ad
 1989  Litem Office determines the state direct-support organization or
 1990  a local direct-support organization is operating in a manner
 1991  that is inconsistent with the goals and purposes of the
 1992  Statewide Guardian ad Litem Office or not acting in the best
 1993  interest of the state, the executive director may terminate the
 1994  contract and thereafter the organization may not use the name of
 1995  the Statewide Guardian ad Litem Office.
 1996         (2) CONTRACT.—The state direct-support organization and the
 1997  local direct-support organizations shall operate under a written
 1998  contract with the Statewide Guardian ad Litem Office. The
 1999  written contract must, at a minimum, provide for:
 2000         (a) Approval of the articles of incorporation and bylaws of
 2001  the direct-support organization by the executive director of the
 2002  Statewide Guardian ad Litem Office.
 2003         (b) Submission of an annual budget for the approval by the
 2004  executive director of the Statewide Guardian ad Litem Office.
 2005         (c) The reversion without penalty to the Statewide Guardian
 2006  ad Litem Office, or to the state if the Statewide Guardian ad
 2007  Litem Office ceases to exist, of all moneys and property held in
 2008  trust by the state direct-support organization for the Statewide
 2009  Guardian ad Litem Office if the direct-support organization
 2010  ceases to exist or if the contract is terminated.
 2011         (d) The fiscal year of the state direct-support
 2012  organization and the local direct-support organizations, which
 2013  must begin July 1 of each year and end June 30 of the following
 2014  year.
 2015         (e) The disclosure of material provisions of the contract
 2016  and the distinction between the Statewide Guardian ad Litem
 2017  Office and the state direct-support organization or a local
 2018  direct-support organization to donors of gifts, contributions,
 2019  or bequests, as well as on all promotional and fundraising
 2020  publications.
 2021         (3) BOARD OF DIRECTORS.—The executive director of the
 2022  Statewide Guardian ad Litem Office shall appoint a board of
 2023  directors for the state direct-support organization. The
 2024  executive director may designate employees of the Statewide
 2025  Guardian ad Litem Office to serve on the board of directors of
 2026  the state direct-support organization or a local direct-support
 2027  organization. Members of the board of the state direct-support
 2028  organization or a local direct-support organization shall serve
 2029  at the pleasure of the executive director.
 2030         (4) USE OF PROPERTY AND SERVICES.—The executive director of
 2031  the Statewide Guardian ad Litem Office:
 2032         (a) May authorize the use of facilities and property other
 2033  than money that are owned by the Statewide Guardian ad Litem
 2034  Office to be used by the state direct-support organization or
 2035  local direct-support organization.
 2036         (b) May authorize the use of personal services provided by
 2037  employees of the Statewide Guardian ad Litem Office to be used
 2038  by the state direct-support organization or a local direct
 2039  support organization. For the purposes of this section, the term
 2040  “personal services” includes full-time personnel and part-time
 2041  personnel as well as payroll processing.
 2042         (c) May prescribe the conditions by which the direct
 2043  support organization or a local direct-support organization may
 2044  use property, facilities, or personal services of the office or
 2045  the state direct-support organization.
 2046         (d) Shall not authorize the use of property, facilities, or
 2047  personal services by of the state direct-support organization or
 2048  a local direct-support organization if the organization does not
 2049  provide equal employment opportunities to all persons,
 2050  regardless of race, color, religion, sex, age, or national
 2051  origin.
 2052         (5) MONEYS.—Moneys of the state direct-support organization
 2053  or a local direct-support organization must may be held in a
 2054  separate depository account in the name of the direct-support
 2055  organization and subject to the provisions of the contract with
 2056  the Statewide Guardian ad Litem Office.
 2057         (6) ANNUAL AUDIT.—The state direct-support organization and
 2058  a local direct-support organization shall provide for an annual
 2059  financial audit in accordance with s. 215.981.
 2060         (7) LIMITS ON DIRECT-SUPPORT ORGANIZATIONS ORGANIZATION.
 2061  The state direct-support organization and a local direct-support
 2062  organization shall not exercise any power under s. 617.0302(12)
 2063  or (16). No state employee shall receive compensation from the
 2064  state direct-support organization or local direct-support
 2065  organization for service on the board of directors or for
 2066  services rendered to the direct-support organization.
 2067         Section 37. Paragraph (d) of subsection (4) of section
 2068  119.071, Florida Statutes, is amended to read:
 2069         119.071 General exemptions from inspection or copying of
 2070  public records.—
 2071         (4) AGENCY PERSONNEL INFORMATION.—
 2072         (d)1. For purposes of this paragraph, the term:
 2073         a. “Home addresses” means the dwelling location at which an
 2074  individual resides and includes the physical address, mailing
 2075  address, street address, parcel identification number, plot
 2076  identification number, legal property description, neighborhood
 2077  name and lot number, GPS coordinates, and any other descriptive
 2078  property information that may reveal the home address.
 2079         b. “Telephone numbers” includes home telephone numbers,
 2080  personal cellular telephone numbers, personal pager telephone
 2081  numbers, and telephone numbers associated with personal
 2082  communications devices.
 2083         2.a. The home addresses, telephone numbers, dates of birth,
 2084  and photographs of active or former sworn law enforcement
 2085  personnel or of active or former civilian personnel employed by
 2086  a law enforcement agency, including correctional and
 2087  correctional probation officers, personnel of the Department of
 2088  Children and Families whose duties include the investigation of
 2089  abuse, neglect, exploitation, fraud, theft, or other criminal
 2090  activities, personnel of the Department of Health whose duties
 2091  are to support the investigation of child abuse or neglect, and
 2092  personnel of the Department of Revenue or local governments
 2093  whose responsibilities include revenue collection and
 2094  enforcement or child support enforcement; the names, home
 2095  addresses, telephone numbers, photographs, dates of birth, and
 2096  places of employment of the spouses and children of such
 2097  personnel; and the names and locations of schools and day care
 2098  facilities attended by the children of such personnel are exempt
 2099  from s. 119.07(1) and s. 24(a), Art. I of the State
 2100  Constitution.
 2101         b. The home addresses, telephone numbers, dates of birth,
 2102  and photographs of current or former nonsworn investigative
 2103  personnel of the Department of Financial Services whose duties
 2104  include the investigation of fraud, theft, workers’ compensation
 2105  coverage requirements and compliance, other related criminal
 2106  activities, or state regulatory requirement violations; the
 2107  names, home addresses, telephone numbers, dates of birth, and
 2108  places of employment of the spouses and children of such
 2109  personnel; and the names and locations of schools and day care
 2110  facilities attended by the children of such personnel are exempt
 2111  from s. 119.07(1) and s. 24(a), Art. I of the State
 2112  Constitution.
 2113         c. The home addresses, telephone numbers, dates of birth,
 2114  and photographs of current or former nonsworn investigative
 2115  personnel of the Office of Financial Regulation’s Bureau of
 2116  Financial Investigations whose duties include the investigation
 2117  of fraud, theft, other related criminal activities, or state
 2118  regulatory requirement violations; the names, home addresses,
 2119  telephone numbers, dates of birth, and places of employment of
 2120  the spouses and children of such personnel; and the names and
 2121  locations of schools and day care facilities attended by the
 2122  children of such personnel are exempt from s. 119.07(1) and s.
 2123  24(a), Art. I of the State Constitution.
 2124         d. The home addresses, telephone numbers, dates of birth,
 2125  and photographs of current or former firefighters certified in
 2126  compliance with s. 633.408; the names, home addresses, telephone
 2127  numbers, photographs, dates of birth, and places of employment
 2128  of the spouses and children of such firefighters; and the names
 2129  and locations of schools and day care facilities attended by the
 2130  children of such firefighters are exempt from s. 119.07(1) and
 2131  s. 24(a), Art. I of the State Constitution.
 2132         e. The home addresses, dates of birth, and telephone
 2133  numbers of current or former justices of the Supreme Court,
 2134  district court of appeal judges, circuit court judges, and
 2135  county court judges; the names, home addresses, telephone
 2136  numbers, dates of birth, and places of employment of the spouses
 2137  and children of current or former justices and judges; and the
 2138  names and locations of schools and day care facilities attended
 2139  by the children of current or former justices and judges are
 2140  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2141  Constitution.
 2142         f. The home addresses, telephone numbers, dates of birth,
 2143  and photographs of current or former state attorneys, assistant
 2144  state attorneys, statewide prosecutors, or assistant statewide
 2145  prosecutors; the names, home addresses, telephone numbers,
 2146  photographs, dates of birth, and places of employment of the
 2147  spouses and children of current or former state attorneys,
 2148  assistant state attorneys, statewide prosecutors, or assistant
 2149  statewide prosecutors; and the names and locations of schools
 2150  and day care facilities attended by the children of current or
 2151  former state attorneys, assistant state attorneys, statewide
 2152  prosecutors, or assistant statewide prosecutors are exempt from
 2153  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2154         g. The home addresses, dates of birth, and telephone
 2155  numbers of general magistrates, special magistrates, judges of
 2156  compensation claims, administrative law judges of the Division
 2157  of Administrative Hearings, and child support enforcement
 2158  hearing officers; the names, home addresses, telephone numbers,
 2159  dates of birth, and places of employment of the spouses and
 2160  children of general magistrates, special magistrates, judges of
 2161  compensation claims, administrative law judges of the Division
 2162  of Administrative Hearings, and child support enforcement
 2163  hearing officers; and the names and locations of schools and day
 2164  care facilities attended by the children of general magistrates,
 2165  special magistrates, judges of compensation claims,
 2166  administrative law judges of the Division of Administrative
 2167  Hearings, and child support enforcement hearing officers are
 2168  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2169  Constitution.
 2170         h. The home addresses, telephone numbers, dates of birth,
 2171  and photographs of current or former human resource, labor
 2172  relations, or employee relations directors, assistant directors,
 2173  managers, or assistant managers of any local government agency
 2174  or water management district whose duties include hiring and
 2175  firing employees, labor contract negotiation, administration, or
 2176  other personnel-related duties; the names, home addresses,
 2177  telephone numbers, dates of birth, and places of employment of
 2178  the spouses and children of such personnel; and the names and
 2179  locations of schools and day care facilities attended by the
 2180  children of such personnel are exempt from s. 119.07(1) and s.
 2181  24(a), Art. I of the State Constitution.
 2182         i. The home addresses, telephone numbers, dates of birth,
 2183  and photographs of current or former code enforcement officers;
 2184  the names, home addresses, telephone numbers, dates of birth,
 2185  and places of employment of the spouses and children of such
 2186  personnel; and the names and locations of schools and day care
 2187  facilities attended by the children of such personnel are exempt
 2188  from s. 119.07(1) and s. 24(a), Art. I of the State
 2189  Constitution.
 2190         j. The home addresses, telephone numbers, places of
 2191  employment, dates of birth, and photographs of current or former
 2192  guardians ad litem, as defined in s. 39.01 s. 39.820; the names,
 2193  home addresses, telephone numbers, dates of birth, and places of
 2194  employment of the spouses and children of such persons; and the
 2195  names and locations of schools and day care facilities attended
 2196  by the children of such persons are exempt from s. 119.07(1) and
 2197  s. 24(a), Art. I of the State Constitution.
 2198         k. The home addresses, telephone numbers, dates of birth,
 2199  and photographs of current or former juvenile probation
 2200  officers, juvenile probation supervisors, detention
 2201  superintendents, assistant detention superintendents, juvenile
 2202  justice detention officers I and II, juvenile justice detention
 2203  officer supervisors, juvenile justice residential officers,
 2204  juvenile justice residential officer supervisors I and II,
 2205  juvenile justice counselors, juvenile justice counselor
 2206  supervisors, human services counselor administrators, senior
 2207  human services counselor administrators, rehabilitation
 2208  therapists, and social services counselors of the Department of
 2209  Juvenile Justice; the names, home addresses, telephone numbers,
 2210  dates of birth, and places of employment of spouses and children
 2211  of such personnel; and the names and locations of schools and
 2212  day care facilities attended by the children of such personnel
 2213  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2214  Constitution.
 2215         l. The home addresses, telephone numbers, dates of birth,
 2216  and photographs of current or former public defenders, assistant
 2217  public defenders, criminal conflict and civil regional counsel,
 2218  and assistant criminal conflict and civil regional counsel; the
 2219  names, home addresses, telephone numbers, dates of birth, and
 2220  places of employment of the spouses and children of current or
 2221  former public defenders, assistant public defenders, criminal
 2222  conflict and civil regional counsel, and assistant criminal
 2223  conflict and civil regional counsel; and the names and locations
 2224  of schools and day care facilities attended by the children of
 2225  current or former public defenders, assistant public defenders,
 2226  criminal conflict and civil regional counsel, and assistant
 2227  criminal conflict and civil regional counsel are exempt from s.
 2228  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2229         m. The home addresses, telephone numbers, dates of birth,
 2230  and photographs of current or former investigators or inspectors
 2231  of the Department of Business and Professional Regulation; the
 2232  names, home addresses, telephone numbers, dates of birth, and
 2233  places of employment of the spouses and children of such current
 2234  or former investigators and inspectors; and the names and
 2235  locations of schools and day care facilities attended by the
 2236  children of such current or former investigators and inspectors
 2237  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2238  Constitution.
 2239         n. The home addresses, telephone numbers, and dates of
 2240  birth of county tax collectors; the names, home addresses,
 2241  telephone numbers, dates of birth, and places of employment of
 2242  the spouses and children of such tax collectors; and the names
 2243  and locations of schools and day care facilities attended by the
 2244  children of such tax collectors are exempt from s. 119.07(1) and
 2245  s. 24(a), Art. I of the State Constitution.
 2246         o. The home addresses, telephone numbers, dates of birth,
 2247  and photographs of current or former personnel of the Department
 2248  of Health whose duties include, or result in, the determination
 2249  or adjudication of eligibility for social security disability
 2250  benefits, the investigation or prosecution of complaints filed
 2251  against health care practitioners, or the inspection of health
 2252  care practitioners or health care facilities licensed by the
 2253  Department of Health; the names, home addresses, telephone
 2254  numbers, dates of birth, and places of employment of the spouses
 2255  and children of such personnel; and the names and locations of
 2256  schools and day care facilities attended by the children of such
 2257  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2258  the State Constitution.
 2259         p. The home addresses, telephone numbers, dates of birth,
 2260  and photographs of current or former impaired practitioner
 2261  consultants who are retained by an agency or current or former
 2262  employees of an impaired practitioner consultant whose duties
 2263  result in a determination of a person’s skill and safety to
 2264  practice a licensed profession; the names, home addresses,
 2265  telephone numbers, dates of birth, and places of employment of
 2266  the spouses and children of such consultants or their employees;
 2267  and the names and locations of schools and day care facilities
 2268  attended by the children of such consultants or employees are
 2269  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2270  Constitution.
 2271         q. The home addresses, telephone numbers, dates of birth,
 2272  and photographs of current or former emergency medical
 2273  technicians or paramedics certified under chapter 401; the
 2274  names, home addresses, telephone numbers, dates of birth, and
 2275  places of employment of the spouses and children of such
 2276  emergency medical technicians or paramedics; and the names and
 2277  locations of schools and day care facilities attended by the
 2278  children of such emergency medical technicians or paramedics are
 2279  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2280  Constitution.
 2281         r. The home addresses, telephone numbers, dates of birth,
 2282  and photographs of current or former personnel employed in an
 2283  agency’s office of inspector general or internal audit
 2284  department whose duties include auditing or investigating waste,
 2285  fraud, abuse, theft, exploitation, or other activities that
 2286  could lead to criminal prosecution or administrative discipline;
 2287  the names, home addresses, telephone numbers, dates of birth,
 2288  and places of employment of spouses and children of such
 2289  personnel; and the names and locations of schools and day care
 2290  facilities attended by the children of such personnel are exempt
 2291  from s. 119.07(1) and s. 24(a), Art. I of the State
 2292  Constitution.
 2293         s. The home addresses, telephone numbers, dates of birth,
 2294  and photographs of current or former directors, managers,
 2295  supervisors, nurses, and clinical employees of an addiction
 2296  treatment facility; the home addresses, telephone numbers,
 2297  photographs, dates of birth, and places of employment of the
 2298  spouses and children of such personnel; and the names and
 2299  locations of schools and day care facilities attended by the
 2300  children of such personnel are exempt from s. 119.07(1) and s.
 2301  24(a), Art. I of the State Constitution. For purposes of this
 2302  sub-subparagraph, the term “addiction treatment facility” means
 2303  a county government, or agency thereof, that is licensed
 2304  pursuant to s. 397.401 and provides substance abuse prevention,
 2305  intervention, or clinical treatment, including any licensed
 2306  service component described in s. 397.311(26).
 2307         t. The home addresses, telephone numbers, dates of birth,
 2308  and photographs of current or former directors, managers,
 2309  supervisors, and clinical employees of a child advocacy center
 2310  that meets the standards of s. 39.3035(2) and fulfills the
 2311  screening requirement of s. 39.3035(3), and the members of a
 2312  Child Protection Team as described in s. 39.303 whose duties
 2313  include supporting the investigation of child abuse or sexual
 2314  abuse, child abandonment, child neglect, and child exploitation
 2315  or to provide services as part of a multidisciplinary case
 2316  review team; the names, home addresses, telephone numbers,
 2317  photographs, dates of birth, and places of employment of the
 2318  spouses and children of such personnel and members; and the
 2319  names and locations of schools and day care facilities attended
 2320  by the children of such personnel and members are exempt from s.
 2321  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2322         u. The home addresses, telephone numbers, places of
 2323  employment, dates of birth, and photographs of current or former
 2324  staff and domestic violence advocates, as defined in s.
 2325  90.5036(1)(b), of domestic violence centers certified by the
 2326  Department of Children and Families under chapter 39; the names,
 2327  home addresses, telephone numbers, places of employment, dates
 2328  of birth, and photographs of the spouses and children of such
 2329  personnel; and the names and locations of schools and day care
 2330  facilities attended by the children of such personnel are exempt
 2331  from s. 119.07(1) and s. 24(a), Art. I of the State
 2332  Constitution.
 2333         3. An agency that is the custodian of the information
 2334  specified in subparagraph 2. and that is not the employer of the
 2335  officer, employee, justice, judge, or other person specified in
 2336  subparagraph 2. must maintain the exempt status of that
 2337  information only if the officer, employee, justice, judge, other
 2338  person, or employing agency of the designated employee submits a
 2339  written and notarized request for maintenance of the exemption
 2340  to the custodial agency. The request must state under oath the
 2341  statutory basis for the individual’s exemption request and
 2342  confirm the individual’s status as a party eligible for exempt
 2343  status.
 2344         4.a. A county property appraiser, as defined in s.
 2345  192.001(3), or a county tax collector, as defined in s.
 2346  192.001(4), who receives a written and notarized request for
 2347  maintenance of the exemption pursuant to subparagraph 3. must
 2348  comply by removing the name of the individual with exempt status
 2349  and the instrument number or Official Records book and page
 2350  number identifying the property with the exempt status from all
 2351  publicly available records maintained by the property appraiser
 2352  or tax collector. For written requests received on or before
 2353  July 1, 2021, a county property appraiser or county tax
 2354  collector must comply with this sub-subparagraph by October 1,
 2355  2021. A county property appraiser or county tax collector may
 2356  not remove the street address, legal description, or other
 2357  information identifying real property within the agency’s
 2358  records so long as a name or personal information otherwise
 2359  exempt from inspection and copying pursuant to this section are
 2360  not associated with the property or otherwise displayed in the
 2361  public records of the agency.
 2362         b. Any information restricted from public display,
 2363  inspection, or copying under sub-subparagraph a. must be
 2364  provided to the individual whose information was removed.
 2365         5. An officer, an employee, a justice, a judge, or other
 2366  person specified in subparagraph 2. may submit a written request
 2367  for the release of his or her exempt information to the
 2368  custodial agency. The written request must be notarized and must
 2369  specify the information to be released and the party authorized
 2370  to receive the information. Upon receipt of the written request,
 2371  the custodial agency must release the specified information to
 2372  the party authorized to receive such information.
 2373         6. The exemptions in this paragraph apply to information
 2374  held by an agency before, on, or after the effective date of the
 2375  exemption.
 2376         7. Information made exempt under this paragraph may be
 2377  disclosed pursuant to s. 28.2221 to a title insurer authorized
 2378  pursuant to s. 624.401 and its affiliates as defined in s.
 2379  624.10; a title insurance agent or title insurance agency as
 2380  defined in s. 626.841(1) or (2), respectively; or an attorney
 2381  duly admitted to practice law in this state and in good standing
 2382  with The Florida Bar.
 2383         8. The exempt status of a home address contained in the
 2384  Official Records is maintained only during the period when a
 2385  protected party resides at the dwelling location. Upon
 2386  conveyance of real property after October 1, 2021, and when such
 2387  real property no longer constitutes a protected party’s home
 2388  address as defined in sub-subparagraph 1.a., the protected party
 2389  must submit a written request to release the removed information
 2390  to the county recorder. The written request to release the
 2391  removed information must be notarized, must confirm that a
 2392  protected party’s request for release is pursuant to a
 2393  conveyance of his or her dwelling location, and must specify the
 2394  Official Records book and page, instrument number, or clerk’s
 2395  file number for each document containing the information to be
 2396  released.
 2397         9. Upon the death of a protected party as verified by a
 2398  certified copy of a death certificate or court order, any party
 2399  can request the county recorder to release a protected
 2400  decedent’s removed information unless there is a related request
 2401  on file with the county recorder for continued removal of the
 2402  decedent’s information or unless such removal is otherwise
 2403  prohibited by statute or by court order. The written request to
 2404  release the removed information upon the death of a protected
 2405  party must attach the certified copy of a death certificate or
 2406  court order and must be notarized, must confirm the request for
 2407  release is due to the death of a protected party, and must
 2408  specify the Official Records book and page number, instrument
 2409  number, or clerk’s file number for each document containing the
 2410  information to be released. A fee may not be charged for the
 2411  release of any document pursuant to such request.
 2412         10. This paragraph is subject to the Open Government Sunset
 2413  Review Act in accordance with s. 119.15 and shall stand repealed
 2414  on October 2, 2024, unless reviewed and saved from repeal
 2415  through reenactment by the Legislature.
 2416         Section 38. Subsection (4) of section 322.09, Florida
 2417  Statutes, is amended to read:
 2418         322.09 Application of minors; responsibility for negligence
 2419  or misconduct of minor.—
 2420         (4) Notwithstanding subsections (1) and (2), if a caregiver
 2421  of a minor who is under the age of 18 years and is in out-of
 2422  home care as defined in s. 39.01 s. 39.01(55), an authorized
 2423  representative of a residential group home at which such a minor
 2424  resides, the caseworker at the agency at which the state has
 2425  placed the minor, or a guardian ad litem specifically authorized
 2426  by the minor’s caregiver to sign for a learner’s driver license
 2427  signs the minor’s application for a learner’s driver license,
 2428  that caregiver, group home representative, caseworker, or
 2429  guardian ad litem does not assume any obligation or become
 2430  liable for any damages caused by the negligence or willful
 2431  misconduct of the minor by reason of having signed the
 2432  application. Before signing the application, the caseworker,
 2433  authorized group home representative, or guardian ad litem shall
 2434  notify the caregiver or other responsible party of his or her
 2435  intent to sign and verify the application.
 2436         Section 39. Paragraph (p) of subsection (4) of section
 2437  394.495, Florida Statutes, is amended to read:
 2438         394.495 Child and adolescent mental health system of care;
 2439  programs and services.—
 2440         (4) The array of services may include, but is not limited
 2441  to:
 2442         (p) Trauma-informed services for children who have suffered
 2443  sexual exploitation as defined in s. 39.01 s. 39.01(77)(g).
 2444         Section 40. Section 627.746, Florida Statutes, is amended
 2445  to read:
 2446         627.746 Coverage for minors who have a learner’s driver
 2447  license; additional premium prohibited.—An insurer that issues
 2448  an insurance policy on a private passenger motor vehicle to a
 2449  named insured who is a caregiver of a minor who is under the age
 2450  of 18 years and is in out-of-home care as defined in s. 39.01 s.
 2451  39.01(55) may not charge an additional premium for coverage of
 2452  the minor while the minor is operating the insured vehicle, for
 2453  the period of time that the minor has a learner’s driver
 2454  license, until such time as the minor obtains a driver license.
 2455         Section 41. Paragraph (b) of subsection (9) of section
 2456  768.28, Florida Statutes, is amended to read:
 2457         768.28 Waiver of sovereign immunity in tort actions;
 2458  recovery limits; civil liability for damages caused during a
 2459  riot; limitation on attorney fees; statute of limitations;
 2460  exclusions; indemnification; risk management programs.—
 2461         (9)
 2462         (b) As used in this subsection, the term:
 2463         1. “Employee” includes any volunteer firefighter.
 2464         2. “Officer, employee, or agent” includes, but is not
 2465  limited to, any health care provider when providing services
 2466  pursuant to s. 766.1115; any nonprofit independent college or
 2467  university located and chartered in this state which owns or
 2468  operates an accredited medical school, and its employees or
 2469  agents, when providing patient services pursuant to paragraph
 2470  (10)(f); any public defender or her or his employee or agent,
 2471  including an assistant public defender or an investigator; and
 2472  any member of a Child Protection Team, as defined in s. 39.01 s.
 2473  39.01(13), when carrying out her or his duties as a team member
 2474  under the control, direction, and supervision of the state or
 2475  any of its agencies or subdivisions.
 2476         Section 42. Paragraph (c) of subsection (1) of section
 2477  934.255, Florida Statutes, is amended to read:
 2478         934.255 Subpoenas in investigations of sexual offenses.—
 2479         (1) As used in this section, the term:
 2480         (c) “Sexual abuse of a child” means a criminal offense
 2481  based on any conduct described in s. 39.01 s. 39.01(77).
 2482         Section 43. Subsection (5) of section 960.065, Florida
 2483  Statutes, is amended to read:
 2484         960.065 Eligibility for awards.—
 2485         (5) A person is not ineligible for an award pursuant to
 2486  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2487  person is a victim of sexual exploitation of a child as defined
 2488  in s. 39.01 s. 39.01(77)(g).
 2489         Section 44. Section 1009.898, Florida Statutes, is created
 2490  to read:
 2491         1009.898 Pathway to Prosperity grants.—
 2492         (1)The Pathway to Prosperity program shall administer the
 2493  following grants for youth and young adults aging out of foster
 2494  care:
 2495         (a)For financial literacy instruction, with curriculum
 2496  developed by the Department of Financial Services.
 2497         (b)For SAT and ACT preparation, including one-on-one
 2498  support and fee waivers for the examination.
 2499         (c)For youth and young adults planning to pursue trade
 2500  careers or paid apprenticeships.
 2501         (2)If a youth who is aging of out of foster care is
 2502  reunited with his or her parents, the grants remain available
 2503  for the youth for 6 months after reunification with the parents.
 2504         Section 45. The Division of Law Revision is requested to
 2505  prepare a reviser’s bill for the 2024 Regular Session of the
 2506  Legislature to substitute the term “Statewide Guardian Ad Litem
 2507  Office” for the term “Statewide Guardian ad Litem Office
 2508  throughout the Florida Statutes.
 2509         Section 46. This act shall take effect July 1, 2023.