Florida Senate - 2023 SB 1440 By Senator Book 35-01192A-23 20231440__ 1 A bill to be entitled 2 An act relating to court proceedings; amending s. 3 39.013, F.S.; authorizing individuals to appear at or 4 attend dependency proceedings through audio-video 5 communication technology; providing an exception to 6 such authorization; amending s. 39.0131, F.S.; 7 requiring parties in certain proceedings to provide 8 their primary e-mail address to the court; requiring 9 the court to advise parties on how such addresses will 10 be used; authorizing the court to excuse such 11 requirement for good cause shown; requiring the court 12 to excuse such requirement under certain 13 circumstances; amending s. 39.402, F.S.; requiring 14 that court notices for shelter hearings held through 15 audio-video communication technology include certain 16 information; amending s. 39.502, F.S.; authorizing 17 parties to consent to service or notice by e-mail for 18 shelter hearings and hearings regarding medical 19 emergencies; requiring that certain summons or notices 20 include instructions for appearing through audio-video 21 communication technology, if applicable; authorizing a 22 party to consent to service of a summons by e-mail; 23 requiring the court to provide certain instructions 24 for hearings conducted through audio-video 25 communication technology; requiring the attorney for 26 the Department of Children and Families to provide 27 instructions for appearance through audio-video 28 communication technology to certain relatives, if 29 applicable; making technical changes; amending s. 30 39.506, F.S.; conforming provisions to changes made by 31 the act; requiring each party to provide a permanent 32 e-mail address at an arraignment hearing; requiring 33 the court to advise parties on how such addresses will 34 be used; authorizing the court to excuse such 35 requirement for good cause shown; requiring the court 36 to excuse such requirement under certain 37 circumstances; amending s. 39.521, F.S.; requiring 38 that disposition orders issued by the court include 39 instructions for appearance at certain hearings 40 through audio-video communication technology, if 41 applicable; amending s. 39.801, F.S.; requiring that 42 notices for advisory hearings for petition for 43 termination of parental rights include instructions 44 for appearance through audio-video communication 45 technology, if applicable; authorizing a party to 46 consent to service or notice of such advisory hearing 47 by e-mail; conforming provisions to changes made by 48 the act; specifying that if a person fails to appear 49 at an advisory hearing either physically or through 50 audio-video communication technology, it constitutes 51 consent to termination of parental rights; requiring 52 the court to provide instructions for appearance by 53 audio-video communication technology, if applicable, 54 at an adjudicatory hearing for the petition of 55 termination of parental rights; specifying that 56 failure to appear, either physically or through audio 57 video communication technology, at an adjudicatory 58 hearing constitutes consent to termination of parental 59 rights; amending s. 92.54, F.S.; authorizing that the 60 testimony of children be given through audio-video 61 communication technology under certain circumstances; 62 amending s. 985.319, F.S.; requiring that a summons 63 provide instruction on how to attend a hearing if the 64 hearing is to be held through audio-video 65 communication technology; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Subsection (13) is added to section 39.013, 70 Florida Statutes, to read: 71 39.013 Procedures and jurisdiction; right to counsel.— 72 (13) Except as otherwise provided in this chapter, an 73 individual’s appearance or attendance at dependency proceedings 74 may be through his or her physical appearance or attendance or, 75 at the discretion of the court, through audio-video 76 communication technology, unless the court determines that 77 appearance through audio-video communication technology is 78 inconsistent with the United States Constitution, the State 79 Constitution, a statute, a rule of court, or a court order. 80 Section 2. Section 39.0131, Florida Statutes, is amended to 81 read: 82 39.0131 Permanent mailing and primary e-mail address 83 designation.—Upon the first appearance before the court, each 84 party shall provide to the court a permanent mailing address and 85 primary e-mail address. The court shall advise each party that 86 these addressesthis addresswill be used by the court and the 87 petitioner for notice purposes unless and until the party 88 notifies the court and the petitioner in writing of a new 89 mailing or e-mail address. The court may excuse a party from the 90 requirement to provide an e-mail address for good cause shown. 91 The court must excuse a party who is incarcerated and is not 92 represented by an attorney from the requirement to provide an e 93 mail address. 94 Section 3. Subsection (16) of section 39.402, Florida 95 Statutes, is amended to read: 96 39.402 Placement in a shelter.— 97 (16) At the conclusion of a shelter hearing, the court 98 shall notify all parties in writing of the next scheduled 99 hearing to review the shelter placement. If the hearing will be 100 held through audio-video communication technology, the written 101 notice must include all relevant information needed to attend 102 the proceeding. The hearing mustshallbe held no later than 30 103 days after placement of the child in shelter status, in 104 conjunction with the arraignment hearing, and at such times as 105 are otherwise provided by law or determined by the court to be 106 necessary. 107 Section 4. Subsections (1), (4), (5), (18), and (19) of 108 section 39.502, Florida Statutes, are amended to read: 109 39.502 Notice, process, and service.— 110 (1) Unless parental rights have been terminated, all 111 parents must be notified of all proceedings or hearings 112 involving the child. Notice in cases involving shelter hearings 113 and hearings resulting from medical emergencies must be provided 114 in the mannerthatmost likely to result in actual notice to the 115 parents. A party may consent to service or notice by e-mail by 116 providing a primary e-mail address to the clerk of the court. In 117 all other dependency proceedings, notice must be provided in 118 accordance with subsections (4)-(9), except when a relative 119 requests notification pursuant to s. 39.301(14)(b), in which 120 case notice shall be provided pursuant to subsection (19). 121 (4) The summons mustshallrequire the person on whom it is 122 served to appear for a hearing at a time and place specified, 123 not less than 72 hours after service of the summons. If 124 applicable, the summons must also include instructions for 125 appearing at the hearing through audio-video communication 126 technology. A copy of the petition shall be attached to the 127 summons. 128 (5) The summons mustshallbe directed to, and mustshall129 be served upon, all parties other than the petitioner. A party 130 may consent to service by e-mail by providing a primary e-mail 131 address to the clerk of the court. 132 (18) In all proceedings under this part, the court shall 133 provide to the parent or legal custodian of the child, at the 134 conclusion of any hearing, a written notice containing the date 135 of the next scheduled hearing. The court shall also include the 136 date of the next hearing in any order issued by the court. If 137 the hearing is to be conducted through audio-video communication 138 technology, the instructions for appearance must also be 139 included. 140 (19) In all proceedings and hearings under this chapter, 141 the attorney for the department shall notify, orally or in 142 writing, a relative requesting notification pursuant to s. 143 39.301(14)(b) of the date, time, and location of such 144 proceedings and hearings and, if applicable, the instructions 145 for appearance through audio-video communication technology, and 146 notify the relative that he or she has the right to attend all 147 subsequent proceedings and hearings, to submit reports to the 148 court, and to speak to the court regarding the child, if the 149 relative so desires. The court has the discretion to release the 150 attorney for the department from notifying a relative who 151 requested notification pursuant to s. 39.301(14)(b) if the 152 relative’s involvement is determined to be impeding the 153 dependency process or detrimental to the child’s well-being. 154 Section 5. Subsections (3) and (4) of section 39.506, 155 Florida Statutes, are amended to read: 156 39.506 Arraignment hearings.— 157 (3) Failure of a person served with notice topersonally158 appear at the arraignment hearing constitutes the person’s 159 consent to a dependency adjudication. The document containing 160 the notice to respond or appear must contain, in type at least 161 as large as the balance of the document, the following or 162 substantially similar language: “FAILURE TOPERSONALLYAPPEAR AT 163 THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION 164 OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) 165 AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR 166 CHILDREN).” If a person appears for the arraignment hearing and 167 the court orders that person topersonallyappear, either 168 physically or through audio-video communication technology, at 169 the adjudicatory hearing for dependency, stating the date, time, 170andplace, and, if applicable, the instructions for appearance 171 through audio-video communication technology, of the 172 adjudicatory hearing, then that person’s failure to appear for 173 the scheduled adjudicatory hearing constitutes consent to a 174 dependency adjudication. 175 (4) At the arraignment hearing, each party shall provide to 176 the court a permanent mailing address and a primary e-mail 177 address. The court shall advise each party that these addresses 178this addresswill be used by the court and the petitioner for 179 notice purposes unless and until the party notifies the court 180 and the petitioner in writing of a new mailing or e-mail 181 address. The court may, for good cause shown, excuse a party 182 from the requirement to provide an e-mail address. The court 183 must excuse a party who is incarcerated and is not represented 184 by an attorney from the requirement to provide an e-mail 185 address. 186 Section 6. Paragraph (e) of subsection (1) of section 187 39.521, Florida Statutes, is amended to read: 188 39.521 Disposition hearings; powers of disposition.— 189 (1) A disposition hearing shall be conducted by the court, 190 if the court finds that the facts alleged in the petition for 191 dependency were proven in the adjudicatory hearing, or if the 192 parents or legal custodians have consented to the finding of 193 dependency or admitted the allegations in the petition, have 194 failed to appear for the arraignment hearing after proper 195 notice, or have not been located despite a diligent search 196 having been conducted. 197 (e) The court shall, in its written order of disposition, 198 include all of the following: 199 1. The placement or custody of the child. 200 2. Special conditions of placement and visitation. 201 3. Evaluation, counseling, treatment activities, and other 202 actions to be taken by the parties, if ordered. 203 4. The persons or entities responsible for supervising or 204 monitoring services to the child and parent. 205 5. Continuation or discharge of the guardian ad litem, as 206 appropriate. 207 6. The date, time, and location of the next scheduled 208 review hearing and, if applicable, instructions for appearance 209 through audio-video communication technology, which must occur 210 within the earlier of: 211 a. Ninety days after the disposition hearing; 212 b. Ninety days after the court accepts the case plan; 213 c. Six months after the date of the last review hearing; or 214 d. Six months after the date of the child’s removal from 215 his or her home, if no review hearing has been held since the 216 child’s removal from the home. 217 7. If the child is in an out-of-home placement, child 218 support to be paid by the parents, or the guardian of the 219 child’s estate if possessed of assets which under law may be 220 disbursed for the care, support, and maintenance of the child. 221 The court may exercise jurisdiction over all child support 222 matters, shall adjudicate the financial obligation, including 223 health insurance, of the child’s parents or guardian, and shall 224 enforce the financial obligation as provided in chapter 61. The 225 state’s child support enforcement agency shall enforce child 226 support orders under this section in the same manner as child 227 support orders under chapter 61. Placement of the child is not 228shall not becontingent upon issuance of a support order. 229 8.a. If the court does not commit the child to the 230 temporary legal custody of an adult relative, legal custodian, 231 or other adult approved by the court, the disposition order must 232 include the reasons for such a decision and shall include a 233 determination as to whether diligent efforts were made by the 234 department to locate an adult relative, legal custodian, or 235 other adult willing to care for the child in order to present 236 that placement option to the court instead of placement with the 237 department. 238 b. If no suitable relative is found and the child is placed 239 with the department or a legal custodian or other adult approved 240 by the court, both the department and the court mustshall241 consider transferring temporary legal custody to an adult 242 relative approved by the court at a later date, but neither the 243 department nor the court is obligated to so place the child if 244 it is in the child’s best interest to remain in the current 245 placement. 246 247 For the purposes of this section, “diligent efforts to locate an 248 adult relative” means a search similar to the diligent search 249 for a parent, but without the continuing obligation to search 250 after an initial adequate search is completed. 251 9. Other requirements necessary to protect the health, 252 safety, and well-being of the child, to preserve the stability 253 of the child’s child care, early education program, or any other 254 educational placement, and to promote family preservation or 255 reunification whenever possible. 256 Section 7. Paragraphs (a) and (d) of subsection (3) of 257 section 39.801, Florida Statutes, are amended to read: 258 39.801 Procedures and jurisdiction; notice; service of 259 process.— 260 (3) Before the court may terminate parental rights, in 261 addition to the other requirements set forth in this part, the 262 following requirements must be met: 263 (a) Notice of the date, time, and place of the advisory 264 hearing for the petition to terminate parental rights; if 265 applicable, instructions for appearance through audio-video 266 communication technology; and a copy of the petition must be 267 personally served upon the following persons, specifically 268 notifying them that a petition has been filed: 269 1. The parents of the child. 270 2. The legal custodians of the child. 271 3. If the parents who would be entitled to notice are dead 272 or unknown, a living relative of the child, unless upon diligent 273 search and inquiry no such relative can be found. 274 4. Any person who has physical custody of the child. 275 5. Any grandparent entitled to priority for adoption under 276 s. 63.0425. 277 6. Any prospective parent who has been identified under s. 278 39.503 or s. 39.803, unless a court order has been entered 279 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 280 indicates no further notice is required. Except as otherwise 281 provided in this section, if there is not a legal father, notice 282 of the petition for termination of parental rights must be 283 provided to any known prospective father who is identified under 284 oath before the court or who is identified by a diligent search 285 of the Florida Putative Father Registry. Service of the notice 286 of the petition for termination of parental rights is not 287 required if the prospective father executes an affidavit of 288 nonpaternity or a consent to termination of his parental rights 289 which is accepted by the court after notice and opportunity to 290 be heard by all parties to address the best interests of the 291 child in accepting such affidavit. 292 7. The guardian ad litem for the child or the 293 representative of the guardian ad litem program, if the program 294 has been appointed. 295 296 A party may consent to service or notice by e-mail by providing 297 a primary e-mail address to the clerk of the court. The document 298 containing the notice to respond or appear must contain, in type 299 at least as large as the type in the balance of the document, 300 the following or substantially similar language: “FAILURE TO 301PERSONALLYAPPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT 302 TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR 303 CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, 304 YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR 305 CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.” 306 (d) If the person served with notice under this section 307 fails topersonallyappear at the advisory hearing, either 308 physically or, at the discretion of the court, through audio 309 video communication technology, the failure topersonallyappear 310 constitutesshall constituteconsent for termination of parental 311 rights by the person given notice. If a parent appears for the 312 advisory hearing and the court orders that parent topersonally313 appear at the adjudicatory hearing for the petition for 314 termination of parental rights, stating the date, time, and 315 location of thesaidhearing and, if applicable, instructions 316 for appearance through audio-video communication technology, 317 then failure of that parent topersonallyappear, either 318 physically or, at the discretion of the court, through audio 319 video communication technology, at the adjudicatory hearing 320 constitutesshall constituteconsent for termination of parental 321 rights. 322 Section 8. Section 92.54, Florida Statutes, is amended to 323 read: 324 92.54 Use of closed-circuit television and audio-video 325 communication technology in proceedings involving a victim or 326 witness under the age of 18 or who has an intellectual 327 disability.— 328 (1) Upon motion and hearing in camera and upon a finding 329 that there is a substantial likelihood that a victim or witness 330 under the age of 18 or who has an intellectual disability will 331 suffer at least moderate emotional or mental harm due to the 332 presence of the defendant if such victim or witness is required 333 to testify in open court, or is unavailable as defined in s. 334 90.804(1), the trial court may order that the testimony of the 335 victim or witness be taken outside of the courtroom and shown by 336 means of closed-circuit television or through audio-video 337 communication technology. 338 (2) The motion may be filed by the victim or witness; the 339 attorney, parent, legal guardian, or guardian ad litem of the 340 victim or witness; the prosecutor; the defendant or the 341 defendant’s counsel; or the trial judge on his or her own 342 motion. 343 (3) Only the judge, the prosecutor, the defendant, the 344 attorney for the defendant, the operators of the videotape 345 equipment, an interpreter, and some other person who, in the 346 opinion of the court, contributes to the well-being of the child 347 or the person who has an intellectual disability and who will 348 not be a witness in the case may be in the room during the 349 recording of the testimony. 350 (4) During the victim’s or witness’s testimony by closed 351 circuit television or through audio-video communication 352 technology, the court may require the defendant to view the 353 testimony from the courtroom. In such a case, the court shall 354 permit the defendant to observe and hear the testimony of the 355 victim or witness, but must ensure that the victim or witness 356 cannot hear or see the defendant. The defendant’s right to 357 assistance of counsel, which includes the right to immediate and 358 direct communication with counsel conducting cross-examination, 359 must be protected and, upon the defendant’s request, such 360 communication must be provided by any appropriate electronic 361 method. 362 (5) The court shall make specific findings of fact, on the 363 record, as to the basis for its ruling under this section. 364 Section 9. Subsection (3) of section 985.319, Florida 365 Statutes, is amended to read: 366 985.319 Process and service.— 367 (3) The summons mustshallhave a copy of the petition 368 attached and mustshallrequire the person on whom it is served 369 to appear for a hearing at a time and place specified. If the 370 hearing is to be held through audio-video communication 371 technology, the summons must provide instructions on how to 372 attend the hearing. Except in cases of medical emergency, the 373 time may not be less than 24 hours after service of the summons. 374 If the child is not detained by an order of the court, the 375 summons mustshallrequire the custodian of the child to produce 376 the child at the said time and place. 377 Section 10. This act shall take effect upon becoming a law.