Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1440
Ì878942GÎ878942
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2023 .
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The Committee on Rules (Book) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (13) is added to section 39.013,
6 Florida Statutes, to read:
7 39.013 Procedures and jurisdiction; right to counsel.—
8 (13) Except as otherwise provided in this chapter, an
9 individual’s appearance or attendance at dependency proceedings
10 may be through his or her physical appearance or attendance or,
11 by agreement of the parties or at the discretion of the court,
12 through audio or audio-video communication technology, unless
13 the court determines that appearance through audio or audio
14 video communication technology is inconsistent with the United
15 States Constitution, the State Constitution, a statute, a rule
16 of court, or a court order.
17 Section 2. Section 39.0131, Florida Statutes, is amended to
18 read:
19 39.0131 Permanent mailing and primary e-mail address
20 designation.—Upon the first appearance before the court, each
21 party shall provide to the court a permanent mailing address and
22 primary e-mail address. The court shall advise each party that
23 these addresses this address will be used by the court and the
24 petitioner for notice purposes unless and until the party
25 notifies the court and the petitioner in writing of a new
26 mailing or e-mail address. The court may excuse a party from the
27 requirement to provide an e-mail address for good cause shown.
28 The court must excuse a party who is incarcerated and is not
29 represented by an attorney from the requirement to provide an e
30 mail address.
31 Section 3. Subsection (16) of section 39.402, Florida
32 Statutes, is amended to read:
33 39.402 Placement in a shelter.—
34 (16) At the conclusion of a shelter hearing, the court
35 shall notify all parties in writing of the next scheduled
36 hearing to review the shelter placement. If the hearing will be
37 held through audio or audio-video communication technology, the
38 written notice must include all relevant information needed to
39 attend the proceeding. The hearing must shall be held no later
40 than 30 days after placement of the child in shelter status, in
41 conjunction with the arraignment hearing, and at such times as
42 are otherwise provided by law or determined by the court to be
43 necessary.
44 Section 4. Subsections (1), (4), (5), (18), and (19) of
45 section 39.502, Florida Statutes, are amended to read:
46 39.502 Notice, process, and service.—
47 (1) Unless parental rights have been terminated, all
48 parents must be notified of all proceedings or hearings
49 involving the child. Notice in cases involving shelter hearings
50 and hearings resulting from medical emergencies must be provided
51 in the manner that most likely to result in actual notice to the
52 parents. A party may consent to service or notice by e-mail by
53 providing a primary e-mail address to the clerk of the court. In
54 all other dependency proceedings, notice must be provided in
55 accordance with subsections (4)-(9), except when a relative
56 requests notification pursuant to s. 39.301(14)(b), in which
57 case notice shall be provided pursuant to subsection (19).
58 (4) The summons must shall require the person on whom it is
59 served to appear for a hearing at a time and place specified,
60 not less than 72 hours after service of the summons. If
61 applicable, the summons must also include instructions for
62 appearing at the hearing through audio or audio-video
63 communication technology. A copy of the petition shall be
64 attached to the summons.
65 (5) The summons must shall be directed to, and must shall
66 be served upon, all parties other than the petitioner. A party
67 may consent to service by e-mail by providing a primary e-mail
68 address to the clerk of the court.
69 (18) In all proceedings under this part, the court shall
70 provide to the parent or legal custodian of the child, at the
71 conclusion of any hearing, a written notice containing the date
72 of the next scheduled hearing. The court shall also include the
73 date of the next hearing in any order issued by the court. If
74 the hearing is to be conducted through audio or audio-video
75 communication technology, the instructions for appearance must
76 also be included.
77 (19) In all proceedings and hearings under this chapter,
78 the attorney for the department shall notify, orally or in
79 writing, a relative requesting notification pursuant to s.
80 39.301(14)(b) of the date, time, and location of such
81 proceedings and hearings and, if applicable, the instructions
82 for appearance through audio or audio-video communication
83 technology, and notify the relative that he or she has the right
84 to attend all subsequent proceedings and hearings, to submit
85 reports to the court, and to speak to the court regarding the
86 child, if the relative so desires. The court has the discretion
87 to release the attorney for the department from notifying a
88 relative who requested notification pursuant to s. 39.301(14)(b)
89 if the relative’s involvement is determined to be impeding the
90 dependency process or detrimental to the child’s well-being.
91 Section 5. Subsections (3) and (4) of section 39.506,
92 Florida Statutes, are amended to read:
93 39.506 Arraignment hearings.—
94 (3) Failure of a person served with notice to personally
95 appear at the arraignment hearing constitutes the person’s
96 consent to a dependency adjudication. The document containing
97 the notice to respond or appear must contain, in type at least
98 as large as the balance of the document, the following or
99 substantially similar language: “FAILURE TO PERSONALLY APPEAR AT
100 THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION
101 OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN)
102 AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
103 CHILDREN).” If a person appears for the arraignment hearing and
104 the court orders that person to personally appear, either
105 physically or through audio-video communication technology, at
106 the adjudicatory hearing for dependency, stating the date, time,
107 and place, and, if applicable, the instructions for appearance
108 through audio-video communication technology, of the
109 adjudicatory hearing, then that person’s failure to appear for
110 the scheduled adjudicatory hearing constitutes consent to a
111 dependency adjudication.
112 (4) At the arraignment hearing, each party shall provide to
113 the court a permanent mailing address and a primary e-mail
114 address. The court shall advise each party that these addresses
115 this address will be used by the court and the petitioner for
116 notice purposes unless and until the party notifies the court
117 and the petitioner in writing of a new mailing or e-mail
118 address. The court may, for good cause shown, excuse a party
119 from the requirement to provide an e-mail address. The court
120 must excuse a party who is incarcerated and is not represented
121 by an attorney from the requirement to provide an e-mail
122 address.
123 Section 6. Paragraph (e) of subsection (1) of section
124 39.521, Florida Statutes, is amended to read:
125 39.521 Disposition hearings; powers of disposition.—
126 (1) A disposition hearing shall be conducted by the court,
127 if the court finds that the facts alleged in the petition for
128 dependency were proven in the adjudicatory hearing, or if the
129 parents or legal custodians have consented to the finding of
130 dependency or admitted the allegations in the petition, have
131 failed to appear for the arraignment hearing after proper
132 notice, or have not been located despite a diligent search
133 having been conducted.
134 (e) The court shall, in its written order of disposition,
135 include all of the following:
136 1. The placement or custody of the child.
137 2. Special conditions of placement and visitation.
138 3. Evaluation, counseling, treatment activities, and other
139 actions to be taken by the parties, if ordered.
140 4. The persons or entities responsible for supervising or
141 monitoring services to the child and parent.
142 5. Continuation or discharge of the guardian ad litem, as
143 appropriate.
144 6. The date, time, and location of the next scheduled
145 review hearing and, if applicable, instructions for appearance
146 through audio or audio-video communication technology, which
147 must occur within the earlier of:
148 a. Ninety days after the disposition hearing;
149 b. Ninety days after the court accepts the case plan;
150 c. Six months after the date of the last review hearing; or
151 d. Six months after the date of the child’s removal from
152 his or her home, if no review hearing has been held since the
153 child’s removal from the home.
154 7. If the child is in an out-of-home placement, child
155 support to be paid by the parents, or the guardian of the
156 child’s estate if possessed of assets which under law may be
157 disbursed for the care, support, and maintenance of the child.
158 The court may exercise jurisdiction over all child support
159 matters, shall adjudicate the financial obligation, including
160 health insurance, of the child’s parents or guardian, and shall
161 enforce the financial obligation as provided in chapter 61. The
162 state’s child support enforcement agency shall enforce child
163 support orders under this section in the same manner as child
164 support orders under chapter 61. Placement of the child is not
165 shall not be contingent upon issuance of a support order.
166 8.a. If the court does not commit the child to the
167 temporary legal custody of an adult relative, legal custodian,
168 or other adult approved by the court, the disposition order must
169 include the reasons for such a decision and shall include a
170 determination as to whether diligent efforts were made by the
171 department to locate an adult relative, legal custodian, or
172 other adult willing to care for the child in order to present
173 that placement option to the court instead of placement with the
174 department.
175 b. If no suitable relative is found and the child is placed
176 with the department or a legal custodian or other adult approved
177 by the court, both the department and the court must shall
178 consider transferring temporary legal custody to an adult
179 relative approved by the court at a later date, but neither the
180 department nor the court is obligated to so place the child if
181 it is in the child’s best interest to remain in the current
182 placement.
183
184 For the purposes of this section, “diligent efforts to locate an
185 adult relative” means a search similar to the diligent search
186 for a parent, but without the continuing obligation to search
187 after an initial adequate search is completed.
188 9. Other requirements necessary to protect the health,
189 safety, and well-being of the child, to preserve the stability
190 of the child’s child care, early education program, or any other
191 educational placement, and to promote family preservation or
192 reunification whenever possible.
193 Section 7. Paragraphs (a) and (d) of subsection (3) of
194 section 39.801, Florida Statutes, are amended to read:
195 39.801 Procedures and jurisdiction; notice; service of
196 process.—
197 (3) Before the court may terminate parental rights, in
198 addition to the other requirements set forth in this part, the
199 following requirements must be met:
200 (a) Notice of the date, time, and place of the advisory
201 hearing for the petition to terminate parental rights; if
202 applicable, instructions for appearance through audio-video
203 communication technology; and a copy of the petition must be
204 personally served upon the following persons, specifically
205 notifying them that a petition has been filed:
206 1. The parents of the child.
207 2. The legal custodians of the child.
208 3. If the parents who would be entitled to notice are dead
209 or unknown, a living relative of the child, unless upon diligent
210 search and inquiry no such relative can be found.
211 4. Any person who has physical custody of the child.
212 5. Any grandparent entitled to priority for adoption under
213 s. 63.0425.
214 6. Any prospective parent who has been identified under s.
215 39.503 or s. 39.803, unless a court order has been entered
216 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
217 indicates no further notice is required. Except as otherwise
218 provided in this section, if there is not a legal father, notice
219 of the petition for termination of parental rights must be
220 provided to any known prospective father who is identified under
221 oath before the court or who is identified by a diligent search
222 of the Florida Putative Father Registry. Service of the notice
223 of the petition for termination of parental rights is not
224 required if the prospective father executes an affidavit of
225 nonpaternity or a consent to termination of his parental rights
226 which is accepted by the court after notice and opportunity to
227 be heard by all parties to address the best interests of the
228 child in accepting such affidavit.
229 7. The guardian ad litem for the child or the
230 representative of the guardian ad litem program, if the program
231 has been appointed.
232
233 A party may consent to service or notice by e-mail by providing
234 a primary e-mail address to the clerk of the court. The document
235 containing the notice to respond or appear must contain, in type
236 at least as large as the type in the balance of the document,
237 the following or substantially similar language: “FAILURE TO
238 PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT
239 TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR
240 CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED,
241 YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR
242 CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.”
243 (d) If the person served with notice under this section
244 fails to personally appear at the advisory hearing, either
245 physically or, by agreement of the parties or at the discretion
246 of the court, through audio-video communication technology, the
247 failure to personally appear constitutes shall constitute
248 consent for termination of parental rights by the person given
249 notice. If a parent appears for the advisory hearing and the
250 court orders that parent to personally appear at the
251 adjudicatory hearing for the petition for termination of
252 parental rights, stating the date, time, and location of the
253 said hearing and, if applicable, instructions for appearance
254 through audio-video communication technology, then failure of
255 that parent to personally appear, either physically or, by
256 agreement of the parties or at the discretion of the court,
257 through audio-video communication technology, at the
258 adjudicatory hearing constitutes shall constitute consent for
259 termination of parental rights.
260 Section 8. Subsections (1) and (4) of section 92.54,
261 Florida Statutes, are amended to read:
262 92.54 Use of closed-circuit television and audio-video
263 communication technology in proceedings involving a victim or
264 witness under the age of 18 or who has an intellectual
265 disability.—
266 (1) Upon motion and hearing in camera and upon a finding
267 that there is a substantial likelihood that a victim or witness
268 under the age of 18 or who has an intellectual disability will
269 suffer at least moderate emotional or mental harm due to the
270 presence of the defendant if such victim or witness is required
271 to testify in open court, or is unavailable as defined in s.
272 90.804(1), the trial court may order that the testimony of the
273 victim or witness be taken outside of the courtroom and shown by
274 means of closed-circuit television or through audio-video
275 communication technology.
276 (4) During the victim’s or witness’s testimony by closed
277 circuit television or through audio-video communication
278 technology, the court may require the defendant to view the
279 testimony from the courtroom. In such a case, the court shall
280 permit the defendant to observe and hear the testimony of the
281 victim or witness, but must ensure that the victim or witness
282 cannot hear or see the defendant. The defendant’s right to
283 assistance of counsel, which includes the right to immediate and
284 direct communication with counsel conducting cross-examination,
285 must be protected and, upon the defendant’s request, such
286 communication must be provided by any appropriate electronic
287 method.
288 Section 9. Subsection (3) of section 985.319, Florida
289 Statutes, is amended to read:
290 985.319 Process and service.—
291 (3) The summons must shall have a copy of the petition
292 attached and must shall require the person on whom it is served
293 to appear for a hearing at a time and place specified. If the
294 hearing is to be held through audio or audio-video communication
295 technology, the summons must provide instructions on how to
296 attend the hearing. Except in cases of medical emergency, the
297 time may not be less than 24 hours after service of the summons.
298 If the child is not detained by an order of the court, the
299 summons must shall require the custodian of the child to produce
300 the child at the said time and place.
301 Section 10. This act shall take effect upon becoming a law.
302
303 ================= T I T L E A M E N D M E N T ================
304 And the title is amended as follows:
305 Delete everything before the enacting clause
306 and insert:
307 A bill to be entitled
308 An act relating to juvenile court proceedings;
309 amending s. 39.013, F.S.; authorizing individuals to
310 appear at or attend dependency proceedings relating to
311 children through audio or audio-video communication
312 technology, except under certain circumstances;
313 amending s. 39.0131, F.S.; requiring parties in
314 certain proceedings to provide their primary e-mail
315 addresses to the court; authorizing courts to excuse a
316 party from the requirement for good cause shown;
317 requiring courts to excuse such requirement under
318 certain circumstances; amending s. 39.402, F.S.;
319 requiring that court notices for shelter placement
320 hearings held through audio or audio-video
321 communication technology include certain information;
322 amending s. 39.502, F.S.; specifying how parties to
323 certain hearings involving children may consent to
324 service or notice by e-mail; requiring that certain
325 summonses or notices contain instructions for
326 appearance through audio or audio-video communication
327 technology; amending s. 39.506, F.S.; conforming
328 provisions to changes made by the act; requiring
329 parties at arraignment hearings to provide the court
330 with a primary e-mail address; authorizing the court
331 to excuse a party from the requirement for good cause
332 shown; requiring the court to excuse such requirement
333 under certain circumstances; amending ss. 39.521 and
334 39.801, F.S.; conforming provisions to changes made by
335 the act; making technical changes; amending s. 92.54,
336 F.S.; authorizing the use of audio-video communication
337 technology for showing testimonies in proceedings
338 involving a victim or witness under the age of 18 or
339 who has an intellectual disability; amending s.
340 985.319, F.S.; requiring that summonses for juvenile
341 delinquency hearings held through audio or audio-video
342 communication technology provide certain information;
343 providing an effective date.