Florida Senate - 2024                             CS for SB 1224
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Burton
       
       
       
       
       586-02660-24                                          20241224c1
    1                        A bill to be entitled                      
    2         An act relating to dependent children; amending s.
    3         39.001, F.S.; revising the purposes of chapter 39;
    4         requiring the Statewide Guardian ad Litem Office and
    5         circuit guardian ad litem offices to participate in
    6         the development of a certain state plan; conforming a
    7         provision to changes made by the act; amending s.
    8         39.00145, F.S.; authorizing a child’s attorney ad
    9         litem to inspect certain records; amending s.
   10         39.00146, F.S.; conforming provisions to changes made
   11         by the act; amending s. 39.0016, F.S.; requiring a
   12         child’s guardian ad litem be included in the
   13         coordination of certain educational services; amending
   14         s. 39.01, F.S.; providing and revising definitions;
   15         amending s. 39.013, F.S.; requiring the court to
   16         appoint a guardian ad litem for a child at the
   17         earliest possible time; authorizing a guardian ad
   18         litem to represent a child in other proceedings to
   19         secure certain services and benefits; amending s.
   20         39.01305, F.S.; conforming a provision to changes made
   21         by the act; amending s. 39.0132, F.S.; authorizing a
   22         child’s attorney ad litem to inspect certain records;
   23         amending s. 39.0136, F.S.; revising the parties who
   24         may request a continuance in a proceeding; amending s.
   25         39.01375, F.S.; conforming provisions to changes made
   26         by the act; amending s. 39.0139, F.S.; conforming
   27         provisions to changes made by the act; amending s.
   28         39.202, F.S.; requiring that certain confidential
   29         records be released to the guardian ad litem and
   30         attorney ad litem; conforming a cross-reference;
   31         amending s. 39.402, F.S.; requiring parents to consent
   32         to provide certain information to the guardian ad
   33         litem and attorney ad litem; conforming provisions to
   34         changes made by the act; amending s. 39.4022, F.S.;
   35         revising the participants who must be invited to a
   36         multidisciplinary team staffing; amending s. 39.4023,
   37         F.S.; requiring that notice of a multidisciplinary
   38         team staffing be provided to a child’s guardian ad
   39         litem and attorney ad litem; conforming provisions to
   40         changes made by the act; amending s. 39.407, F.S.;
   41         conforming provisions to changes made by the act;
   42         amending s. 39.4085, F.S.; providing a goal of
   43         permanency; conforming provisions to changes made by
   44         the act; amending ss. 39.502 and 39.522, F.S.;
   45         conforming provisions to changes made by the act;
   46         amending s. 39.6012, F.S.; requiring a case plan to
   47         include written descriptions of certain activities;
   48         conforming a cross-reference; creating s. 39.6036,
   49         F.S.; providing legislative findings and intent;
   50         requiring the Statewide Guardian ad Litem Office to
   51         work with certain children to identify a supportive
   52         adult to enter into a specified agreement; requiring
   53         such agreement be documented in the child’s court
   54         file; requiring the office to coordinate with the
   55         Office of Continuing Care for a specified purpose;
   56         amending s. 39.621, F.S.; conforming provisions to
   57         changes made by the act; amending s. 39.6241, F.S.;
   58         requiring a guardian ad litem to advise the court
   59         regarding certain information and to ensure a certain
   60         agreement has been documented in the child’s court
   61         file; amending s. 39.701, F.S.; requiring certain
   62         notice be given to an attorney ad litem; requiring a
   63         court to give a guardian ad litem an opportunity to
   64         address the court in certain proceedings; requiring
   65         the court to inquire and determine if a child has a
   66         certain agreement documented in his or her court file
   67         at a specified hearing; conforming provisions to
   68         changes made by the act; amending s. 39.801, F.S.;
   69         conforming provisions to changes made by the act;
   70         amending s. 39.807, F.S.; requiring a court to appoint
   71         a guardian ad litem to represent a child in certain
   72         proceedings; revising a guardian ad litem’s
   73         responsibilities and authorities; deleting provisions
   74         relating to bonds and service of pleadings or papers;
   75         amending s. 39.808, F.S.; conforming provisions to
   76         changes made by the act; amending s. 39.815, F.S.;
   77         conforming provisions to changes made by the act;
   78         repealing s. 39.820, F.S., relating to definitions of
   79         the terms “guardian ad litem” and “guardian advocate”;
   80         amending s. 39.821, F.S.; conforming provisions to
   81         changes made by the act; amending s. 39.822, F.S.;
   82         declaring that a guardian ad litem is a fiduciary and
   83         must provide independent representation of a child;
   84         revising responsibilities of a guardian ad litem;
   85         requiring that guardians ad litem have certain access
   86         to the children they represent; providing actions that
   87         a guardian ad litem does and does not have to fulfill;
   88         making technical changes; amending s. 39.827, F.S.;
   89         authorizing a child’s guardian ad litem and attorney
   90         ad litem to inspect certain records; amending s.
   91         39.8296, F.S.; revising the duties and appointment of
   92         the executive director of the Statewide Guardian ad
   93         Litem Office; requiring the training program for
   94         guardians ad litem to be maintained and updated
   95         regularly; deleting provisions regarding the training
   96         curriculum and the establishment of a curriculum
   97         committee; requiring the office to provide oversight
   98         and technical assistance to attorneys ad litem;
   99         specifying certain requirements of the office;
  100         amending s. 39.8297, F.S.; conforming provisions to
  101         changes made by the act; creating s. 1009.898, F.S.;
  102         authorizing the Pathway to Prosperity program to
  103         provide certain grants to youth and young adults who
  104         are aging out of foster care; requiring grants to
  105         extend for a certain period of time after a recipient
  106         is reunited with his or her parents; amending ss.
  107         29.008, 39.6011, 40.24, 43.16, 61.402, 110.205,
  108         320.08058, 943.053, 985.43, 985.441, 985.455, 985.461,
  109         and 985.48, F.S.; conforming provisions to changes
  110         made by the act; amending ss. 39.302, 39.521, 61.13,
  111         119.071, 322.09, 394.495, 627.746, 934.255, and
  112         960.065, F.S.; conforming cross-references; providing
  113         a directive to the Division of Law Revision; providing
  114         an effective date;
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (j) of subsection (1), paragraph (j)
  119  of subsection (3), and paragraph (a) of subsection (10) of
  120  section 39.001, Florida Statutes, are amended to read:
  121         39.001 Purposes and intent; personnel standards and
  122  screening.—
  123         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  124         (j) To ensure that, when reunification or adoption is not
  125  possible, the child will be prepared for alternative permanency
  126  goals or placements, to include, but not be limited to, long
  127  term foster care, independent living, custody to a relative on a
  128  permanent basis with or without legal guardianship, or custody
  129  to a foster parent or legal custodian on a permanent basis with
  130  or without legal guardianship. Permanency for a child who is
  131  transitioning from foster care to independent living includes
  132  naturally occurring, lifelong, kin-like connections between the
  133  child and a supportive adult.
  134         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  135  the Legislature that the children of this state be provided with
  136  the following protections:
  137         (j) The ability to contact their guardian ad litem or
  138  attorney ad litem, if one is appointed, by having that
  139  individual’s name entered on all orders of the court.
  140         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  141         (a) The office shall develop a state plan for the promotion
  142  of adoption, support of adoptive families, and prevention of
  143  abuse, abandonment, and neglect of children. The Department of
  144  Children and Families, the Department of Corrections, the
  145  Department of Education, the Department of Health, the
  146  Department of Juvenile Justice, the Department of Law
  147  Enforcement, the Statewide Guardian ad Litem Office, and the
  148  Agency for Persons with Disabilities shall participate and fully
  149  cooperate in the development of the state plan at both the state
  150  and local levels. Furthermore, appropriate local agencies and
  151  organizations shall be provided an opportunity to participate in
  152  the development of the state plan at the local level.
  153  Appropriate local groups and organizations shall include, but
  154  not be limited to, community mental health centers; circuit
  155  guardian ad litem offices programs for children under the
  156  circuit court; the school boards of the local school districts;
  157  the Florida local advocacy councils; community-based care lead
  158  agencies; private or public organizations or programs with
  159  recognized expertise in working with child abuse prevention
  160  programs for children and families; private or public
  161  organizations or programs with recognized expertise in working
  162  with children who are sexually abused, physically abused,
  163  emotionally abused, abandoned, or neglected and with expertise
  164  in working with the families of such children; private or public
  165  programs or organizations with expertise in maternal and infant
  166  health care; multidisciplinary Child Protection Teams; child day
  167  care centers; law enforcement agencies; and the circuit courts,
  168  when guardian ad litem programs are not available in the local
  169  area. The state plan to be provided to the Legislature and the
  170  Governor shall include, as a minimum, the information required
  171  of the various groups in paragraph (b).
  172         Section 2. Subsection (2) of section 39.00145, Florida
  173  Statutes, is amended to read:
  174         39.00145 Records concerning children.—
  175         (2) Notwithstanding any other provision of this chapter,
  176  all records in a child’s case record must be made available for
  177  inspection, upon request, to the child who is the subject of the
  178  case record and to the child’s caregiver, guardian ad litem, or
  179  attorney ad litem, if one is appointed.
  180         (a) A complete and accurate copy of any record in a child’s
  181  case record must be provided, upon request and at no cost, to
  182  the child who is the subject of the case record and to the
  183  child’s caregiver, guardian ad litem, or attorney ad litem, if
  184  one is appointed.
  185         (b) The department shall release the information in a
  186  manner and setting that are appropriate to the age and maturity
  187  of the child and the nature of the information being released,
  188  which may include the release of information in a therapeutic
  189  setting, if appropriate. This paragraph does not deny the child
  190  access to his or her records.
  191         (c) If a child or the child’s caregiver, guardian ad litem,
  192  or attorney ad litem, if one is appointed, requests access to
  193  the child’s case record, any person or entity that fails to
  194  provide any record in the case record under assertion of a claim
  195  of exemption from the public records requirements of chapter
  196  119, or fails to provide access within a reasonable time, is
  197  subject to sanctions and penalties under s. 119.10.
  198         (d) For the purposes of this subsection, the term
  199  “caregiver” is limited to parents, legal custodians, permanent
  200  guardians, or foster parents; employees of a residential home,
  201  institution, facility, or agency at which the child resides; and
  202  other individuals legally responsible for a child’s welfare in a
  203  residential setting.
  204         Section 3. Paragraph (a) of subsection (2) of section
  205  39.00146, Florida Statutes, is amended to read:
  206         39.00146 Case record face sheet.—
  207         (2) The case record of every child under the supervision or
  208  in the custody of the department or the department’s authorized
  209  agents, including community-based care lead agencies and their
  210  subcontracted providers, must include a face sheet containing
  211  relevant information about the child and his or her case,
  212  including at least all of the following:
  213         (a) General case information, including, but not limited
  214  to, all of the following:
  215         1. The child’s name and date of birth.;
  216         2. The current county of residence and the county of
  217  residence at the time of the referral.;
  218         3. The reason for the referral and any family safety
  219  concerns.;
  220         4. The personal identifying information of the parents or
  221  legal custodians who had custody of the child at the time of the
  222  referral, including name, date of birth, and county of
  223  residence.;
  224         5. The date of removal from the home.; and
  225         6. The name and contact information of the attorney or
  226  attorneys assigned to the case in all capacities, including the
  227  attorney or attorneys that represent the department and the
  228  parents, and the guardian ad litem, if one has been appointed.
  229         Section 4. Paragraph (b) of subsection (2) and paragraph
  230  (b) of subsection (3) of section 39.0016, Florida Statutes, are
  231  amended to read:
  232         39.0016 Education of abused, neglected, and abandoned
  233  children; agency agreements; children having or suspected of
  234  having a disability.—
  235         (2) AGENCY AGREEMENTS.—
  236         (b) The department shall enter into agreements with
  237  district school boards or other local educational entities
  238  regarding education and related services for children known to
  239  the department who are of school age and children known to the
  240  department who are younger than school age but who would
  241  otherwise qualify for services from the district school board.
  242  Such agreements must shall include, but are not limited to:
  243         1. A requirement that the department shall:
  244         a. Ensure that children known to the department are
  245  enrolled in school or in the best educational setting that meets
  246  the needs of the child. The agreement must shall provide for
  247  continuing the enrollment of a child known to the department at
  248  the school of origin when possible if it is in the best interest
  249  of the child, with the goal of minimal disruption of education.
  250         b. Notify the school and school district in which a child
  251  known to the department is enrolled of the name and phone number
  252  of the child known to the department caregiver and caseworker
  253  for child safety purposes.
  254         c. Establish a protocol for the department to share
  255  information about a child known to the department with the
  256  school district, consistent with the Family Educational Rights
  257  and Privacy Act, since the sharing of information will assist
  258  each agency in obtaining education and related services for the
  259  benefit of the child. The protocol must require the district
  260  school boards or other local educational entities to access the
  261  department’s Florida Safe Families Network to obtain information
  262  about children known to the department, consistent with the
  263  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  264  1232g.
  265         d. Notify the school district of the department’s case
  266  planning for a child known to the department, both at the time
  267  of plan development and plan review. Within the plan development
  268  or review process, the school district may provide information
  269  regarding the child known to the department if the school
  270  district deems it desirable and appropriate.
  271         e. Show no prejudice against a caregiver who desires to
  272  educate at home a child placed in his or her home through the
  273  child welfare system.
  274         2. A requirement that the district school board shall:
  275         a. Provide the department with a general listing of the
  276  services and information available from the district school
  277  board to facilitate educational access for a child known to the
  278  department.
  279         b. Identify all educational and other services provided by
  280  the school and school district which the school district
  281  believes are reasonably necessary to meet the educational needs
  282  of a child known to the department.
  283         c. Determine whether transportation is available for a
  284  child known to the department when such transportation will
  285  avoid a change in school assignment due to a change in
  286  residential placement. Recognizing that continued enrollment in
  287  the same school throughout the time the child known to the
  288  department is in out-of-home care is preferable unless
  289  enrollment in the same school would be unsafe or otherwise
  290  impractical, the department, the district school board, and the
  291  Department of Education shall assess the availability of
  292  federal, charitable, or grant funding for such transportation.
  293         d. Provide individualized student intervention or an
  294  individual educational plan when a determination has been made
  295  through legally appropriate criteria that intervention services
  296  are required. The intervention or individual educational plan
  297  must include strategies to enable the child known to the
  298  department to maximize the attainment of educational goals.
  299         3. A requirement that the department and the district
  300  school board shall cooperate in accessing the services and
  301  supports needed for a child known to the department who has or
  302  is suspected of having a disability to receive an appropriate
  303  education consistent with the Individuals with Disabilities
  304  Education Act and state implementing laws, rules, and
  305  assurances. Coordination of services for a child known to the
  306  department who has or is suspected of having a disability may
  307  include:
  308         a. Referral for screening.
  309         b. Sharing of evaluations between the school district and
  310  the department where appropriate.
  311         c. Provision of education and related services appropriate
  312  for the needs and abilities of the child known to the
  313  department.
  314         d. Coordination of services and plans between the school
  315  and the residential setting to avoid duplication or conflicting
  316  service plans.
  317         e. Appointment of a surrogate parent, consistent with the
  318  Individuals with Disabilities Education Act and pursuant to
  319  subsection (3), for educational purposes for a child known to
  320  the department who qualifies.
  321         f. For each child known to the department 14 years of age
  322  and older, transition planning by the department and all
  323  providers, including the department’s independent living program
  324  staff and the guardian ad litem of the child, to meet the
  325  requirements of the local school district for educational
  326  purposes.
  327         (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  328         (b)1. Each district school superintendent or dependency
  329  court must appoint a surrogate parent for a child known to the
  330  department who has or is suspected of having a disability, as
  331  defined in s. 1003.01(9), when:
  332         a. After reasonable efforts, no parent can be located; or
  333         b. A court of competent jurisdiction over a child under
  334  this chapter has determined that no person has the authority
  335  under the Individuals with Disabilities Education Act, including
  336  the parent or parents subject to the dependency action, or that
  337  no person has the authority, willingness, or ability to serve as
  338  the educational decisionmaker for the child without judicial
  339  action.
  340         2. A surrogate parent appointed by the district school
  341  superintendent or the court must be at least 18 years old and
  342  have no personal or professional interest that conflicts with
  343  the interests of the student to be represented. Neither the
  344  district school superintendent nor the court may appoint an
  345  employee of the Department of Education, the local school
  346  district, a community-based care provider, the Department of
  347  Children and Families, or any other public or private agency
  348  involved in the education or care of the child as appointment of
  349  those persons is prohibited by federal law. This prohibition
  350  includes group home staff and therapeutic foster parents.
  351  However, a person who acts in a parental role to a child, such
  352  as a foster parent or relative caregiver, is not prohibited from
  353  serving as a surrogate parent if he or she is employed by such
  354  agency, willing to serve, and knowledgeable about the child and
  355  the exceptional student education process. The surrogate parent
  356  may be a court-appointed guardian ad litem or a relative or
  357  nonrelative adult who is involved in the child’s life regardless
  358  of whether that person has physical custody of the child. Each
  359  person appointed as a surrogate parent must have the knowledge
  360  and skills acquired by successfully completing training using
  361  materials developed and approved by the Department of Education
  362  to ensure adequate representation of the child.
  363         3. If a guardian ad litem has been appointed for a child,
  364  The district school superintendent must first consider the
  365  child’s guardian ad litem when appointing a surrogate parent.
  366  The district school superintendent must accept the appointment
  367  of the court if he or she has not previously appointed a
  368  surrogate parent. Similarly, the court must accept a surrogate
  369  parent duly appointed by a district school superintendent.
  370         4. A surrogate parent appointed by the district school
  371  superintendent or the court must be accepted by any subsequent
  372  school or school district without regard to where the child is
  373  receiving residential care so that a single surrogate parent can
  374  follow the education of the child during his or her entire time
  375  in state custody. Nothing in this paragraph or in rule shall
  376  limit or prohibit the continuance of a surrogate parent
  377  appointment when the responsibility for the student’s
  378  educational placement moves among and between public and private
  379  agencies.
  380         5. For a child known to the department, the responsibility
  381  to appoint a surrogate parent resides with both the district
  382  school superintendent and the court with jurisdiction over the
  383  child. If the court elects to appoint a surrogate parent, notice
  384  shall be provided as soon as practicable to the child’s school.
  385  At any time the court determines that it is in the best
  386  interests of a child to remove a surrogate parent, the court may
  387  appoint a new surrogate parent for educational decisionmaking
  388  purposes for that child.
  389         6. The surrogate parent shall continue in the appointed
  390  role until one of the following occurs:
  391         a. The child is determined to no longer be eligible or in
  392  need of special programs, except when termination of special
  393  programs is being contested.
  394         b. The child achieves permanency through adoption or legal
  395  guardianship and is no longer in the custody of the department.
  396         c. The parent who was previously unknown becomes known,
  397  whose whereabouts were unknown is located, or who was
  398  unavailable is determined by the court to be available.
  399         d. The appointed surrogate no longer wishes to represent
  400  the child or is unable to represent the child.
  401         e. The superintendent of the school district in which the
  402  child is attending school, the Department of Education contract
  403  designee, or the court that appointed the surrogate determines
  404  that the appointed surrogate parent no longer adequately
  405  represents the child.
  406         f. The child moves to a geographic location that is not
  407  reasonably accessible to the appointed surrogate.
  408         7. The appointment and termination of appointment of a
  409  surrogate under this paragraph shall be entered as an order of
  410  the court with a copy of the order provided to the child’s
  411  school as soon as practicable.
  412         8. The person appointed as a surrogate parent under this
  413  paragraph must:
  414         a. Be acquainted with the child and become knowledgeable
  415  about his or her disability and educational needs.
  416         b. Represent the child in all matters relating to
  417  identification, evaluation, and educational placement and the
  418  provision of a free and appropriate education to the child.
  419         c. Represent the interests and safeguard the rights of the
  420  child in educational decisions that affect the child.
  421         9. The responsibilities of the person appointed as a
  422  surrogate parent shall not extend to the care, maintenance,
  423  custody, residential placement, or any other area not
  424  specifically related to the education of the child, unless the
  425  same person is appointed by the court for such other purposes.
  426         10. A person appointed as a surrogate parent shall enjoy
  427  all of the procedural safeguards afforded a parent with respect
  428  to the identification, evaluation, and educational placement of
  429  a student with a disability or a student who is suspected of
  430  having a disability.
  431         11. A person appointed as a surrogate parent shall not be
  432  held liable for actions taken in good faith on behalf of the
  433  student in protecting the special education rights of the child.
  434         Section 5. Present subsections (8) through (30) and (31)
  435  through (87) of section 39.01, Florida Statutes, are
  436  redesignated as subsections (9) through (31) and (34) through
  437  (90), respectively, present subsections (9), (36), and (58) are
  438  amended, and new subsections (8), (32), and (33) are added to
  439  that section, to read:
  440         39.01 Definitions.—When used in this chapter, unless the
  441  context otherwise requires:
  442         (8)“Attorney ad litem” means an attorney appointed by the
  443  court to represent a child in a dependency case who has an
  444  attorney-client relationship with the child under the rules
  445  regulating The Florida Bar.
  446         (10)(9) “Caregiver” means the parent, legal custodian,
  447  permanent guardian, adult household member, or other person
  448  responsible for a child’s welfare as defined in subsection (57)
  449  (54).
  450         (32)“Guardian ad litem” means a person or an entity that
  451  is a fiduciary appointed by the court to represent a child in
  452  any civil, criminal, or administrative proceeding to which the
  453  child is a party, including, but not limited to, under this
  454  chapter, which uses a best interest standard for decisionmaking
  455  and advocacy. For purposes of this chapter, the term includes,
  456  but is not limited to, the Statewide Guardian ad Litem Office,
  457  which includes all circuit guardian ad litem offices and the
  458  duly certified volunteers, staff, and attorneys assigned by the
  459  Statewide Guardian ad Litem Office to represent children; a
  460  court-appointed attorney; or a responsible adult who is
  461  appointed by the court. A guardian ad litem is a party to the
  462  judicial proceeding as a representative of the child and serves
  463  until the jurisdiction of the court over the child terminates or
  464  until excused by the court.
  465         (33)“Guardian advocate” means a person appointed by the
  466  court to act on behalf of a drug-dependent newborn under part XI
  467  of this chapter.
  468         (39)(36) “Institutional child abuse or neglect” means
  469  situations of known or suspected child abuse or neglect in which
  470  the person allegedly perpetrating the child abuse or neglect is
  471  an employee of a public or private school, public or private day
  472  care center, residential home, institution, facility, or agency
  473  or any other person at such institution responsible for the
  474  child’s welfare as defined in subsection (57) (54).
  475         (61)(58) “Party” means the parent or parents of the child,
  476  the petitioner, the department, the guardian ad litem or the
  477  representative of the guardian ad litem program when the program
  478  has been appointed, and the child. The presence of the child may
  479  be excused by order of the court when presence would not be in
  480  the child’s best interest. Notice to the child may be excused by
  481  order of the court when the age, capacity, or other condition of
  482  the child is such that the notice would be meaningless or
  483  detrimental to the child.
  484         Section 6. Subsection (11) of section 39.013, Florida
  485  Statutes, is amended to read:
  486         39.013 Procedures and jurisdiction; right to counsel;
  487  guardian ad litem and attorney ad litem.—
  488         (11) The court shall appoint a guardian ad litem at the
  489  earliest possible time to represent a child throughout the
  490  proceedings, including any appeals. The guardian ad litem may
  491  represent the child in proceedings outside of the dependency
  492  case to secure the services and benefits that provide for the
  493  care, safety, and protection of the child encourage the
  494  Statewide Guardian Ad Litem Office to provide greater
  495  representation to those children who are within 1 year of
  496  transferring out of foster care.
  497         Section 7. Paragraph (b) of subsection (1) of section
  498  39.01305, Florida Statutes, is amended to read:
  499         39.01305 Appointment of an attorney for a dependent child
  500  with certain special needs.—
  501         (1)
  502         (b) The Legislature recognizes the existence of
  503  organizations that provide attorney representation to children
  504  in certain jurisdictions throughout the state. Further, the
  505  Statewide Guardian ad Litem Office Program provides best
  506  interest representation for dependent children in every
  507  jurisdiction in accordance with state and federal law. The
  508  Legislature, therefore, does not intend that funding provided
  509  for representation under this section supplant proven and
  510  existing organizations representing children. Instead, the
  511  Legislature intends that funding provided for representation
  512  under this section be an additional resource for the
  513  representation of more children in these jurisdictions, to the
  514  extent necessary to meet the requirements of this chapter, with
  515  the cooperation of existing local organizations or through the
  516  expansion of those organizations. The Legislature encourages the
  517  expansion of pro bono representation for children. This section
  518  is not intended to limit the ability of a pro bono attorney to
  519  appear on behalf of a child.
  520         Section 8. Subsection (3) of section 39.0132, Florida
  521  Statutes, is amended to read:
  522         39.0132 Oaths, records, and confidential information.—
  523         (3) The clerk shall keep all court records required by this
  524  chapter separate from other records of the circuit court. All
  525  court records required by this chapter may shall not be open to
  526  inspection by the public. All records may shall be inspected
  527  only upon order of the court by persons deemed by the court to
  528  have a proper interest therein, except that, subject to the
  529  provisions of s. 63.162, a child, and the parents of the child
  530  and their attorneys, the guardian ad litem, criminal conflict
  531  and civil regional counsels, law enforcement agencies, and the
  532  department and its designees, and the attorney ad litem, if one
  533  is appointed, shall always have the right to inspect and copy
  534  any official record pertaining to the child. The Justice
  535  Administrative Commission may inspect court dockets required by
  536  this chapter as necessary to audit compensation of court
  537  appointed attorneys ad litem. If the docket is insufficient for
  538  purposes of the audit, the commission may petition the court for
  539  additional documentation as necessary and appropriate. The court
  540  may permit authorized representatives of recognized
  541  organizations compiling statistics for proper purposes to
  542  inspect and make abstracts from official records, under whatever
  543  conditions upon their use and disposition the court may deem
  544  proper, and may punish by contempt proceedings any violation of
  545  those conditions.
  546         Section 9. Paragraph (a) of subsection (3) of section
  547  39.0136, Florida Statutes, is amended to read:
  548         39.0136 Time limitations; continuances.—
  549         (3) The time limitations in this chapter do not include:
  550         (a) Periods of delay resulting from a continuance granted
  551  at the request of the child’s counsel, or the child’s guardian
  552  ad litem, or attorney ad litem, if one is appointed, if the
  553  child is of sufficient capacity to express reasonable consent,
  554  at the request or with the consent of the child. The court must
  555  consider the best interests of the child when determining
  556  periods of delay under this section.
  557         Section 10. Subsection (7) of section 39.01375, Florida
  558  Statutes, is amended to read:
  559         39.01375 Best interest determination for placement.—The
  560  department, community-based care lead agency, or court shall
  561  consider all of the following factors when determining whether a
  562  proposed placement under this chapter is in the child’s best
  563  interest:
  564         (7) The recommendation of the child’s guardian ad litem, if
  565  one has been appointed.
  566         Section 11. Paragraphs (a) and (b) of subsection (4) of
  567  section 39.0139, Florida Statutes, are amended to read:
  568         39.0139 Visitation or other contact; restrictions.—
  569         (4) HEARINGS.—A person who meets any of the criteria set
  570  forth in paragraph (3)(a) who seeks to begin or resume contact
  571  with the child victim shall have the right to an evidentiary
  572  hearing to determine whether contact is appropriate.
  573         (a) Before Prior to the hearing, the court shall appoint an
  574  attorney ad litem or a guardian ad litem for the child if one
  575  has not already been appointed. The guardian ad litem and Any
  576  attorney ad litem, if one is or guardian ad litem appointed,
  577  must shall have special training in the dynamics of child sexual
  578  abuse.
  579         (b) At the hearing, the court may receive and rely upon any
  580  relevant and material evidence submitted to the extent of its
  581  probative value, including written and oral reports or
  582  recommendations from the Child Protection Team, the child’s
  583  therapist, the child’s guardian ad litem, or the child’s
  584  attorney ad litem, if one is appointed, even if these reports,
  585  recommendations, and evidence may not be admissible under the
  586  rules of evidence.
  587         Section 12. Paragraphs (d) and (t) of subsection (2) of
  588  section 39.202, Florida Statutes, are amended to read:
  589         39.202 Confidentiality of reports and records in cases of
  590  child abuse or neglect; exception.—
  591         (2) Except as provided in subsection (4), access to such
  592  records, excluding the name of, or other identifying information
  593  with respect to, the reporter which may only shall be released
  594  only as provided in subsection (5), may only shall be granted
  595  only to the following persons, officials, and agencies:
  596         (d) The parent or legal custodian of any child who is
  597  alleged to have been abused, abandoned, or neglected; the child;
  598  the child’s guardian ad litem; the child’s attorney ad litem, if
  599  one is appointed; or, and the child, and their attorneys,
  600  including any attorney representing a child in civil or criminal
  601  proceedings. This access must shall be made available no later
  602  than 60 days after the department receives the initial report of
  603  abuse, neglect, or abandonment. However, any information
  604  otherwise made confidential or exempt by law may shall not be
  605  released pursuant to this paragraph.
  606         (t) Persons with whom the department is seeking to place
  607  the child or to whom placement has been granted, including
  608  foster parents for whom an approved home study has been
  609  conducted, the designee of a licensed child-caring agency as
  610  defined in s. 39.01 s. 39.01(41), an approved relative or
  611  nonrelative with whom a child is placed pursuant to s. 39.402,
  612  preadoptive parents for whom a favorable preliminary adoptive
  613  home study has been conducted, adoptive parents, or an adoption
  614  entity acting on behalf of preadoptive or adoptive parents.
  615         Section 13. Paragraph (c) of subsection (8), paragraphs (b)
  616  and (c) of subsection (11), and paragraph (a) of subsection (14)
  617  of section 39.402, Florida Statutes, are amended to read:
  618         39.402 Placement in a shelter.—
  619         (8)
  620         (c) At the shelter hearing, the court shall:
  621         1. Appoint a guardian ad litem to represent the best
  622  interest of the child, unless the court finds that such
  623  representation is unnecessary;
  624         2. Inform the parents or legal custodians of their right to
  625  counsel to represent them at the shelter hearing and at each
  626  subsequent hearing or proceeding, and the right of the parents
  627  to appointed counsel, pursuant to the procedures set forth in s.
  628  39.013;
  629         3. Give the parents or legal custodians an opportunity to
  630  be heard and to present evidence; and
  631         4. Inquire of those present at the shelter hearing as to
  632  the identity and location of the legal father. In determining
  633  who the legal father of the child may be, the court shall
  634  inquire under oath of those present at the shelter hearing
  635  whether they have any of the following information:
  636         a. Whether the mother of the child was married at the
  637  probable time of conception of the child or at the time of birth
  638  of the child.
  639         b. Whether the mother was cohabiting with a male at the
  640  probable time of conception of the child.
  641         c. Whether the mother has received payments or promises of
  642  support with respect to the child or because of her pregnancy
  643  from a man who claims to be the father.
  644         d. Whether the mother has named any man as the father on
  645  the birth certificate of the child or in connection with
  646  applying for or receiving public assistance.
  647         e. Whether any man has acknowledged or claimed paternity of
  648  the child in a jurisdiction in which the mother resided at the
  649  time of or since conception of the child or in which the child
  650  has resided or resides.
  651         f. Whether a man is named on the birth certificate of the
  652  child pursuant to s. 382.013(2).
  653         g. Whether a man has been determined by a court order to be
  654  the father of the child.
  655         h. Whether a man has been determined to be the father of
  656  the child by the Department of Revenue as provided in s.
  657  409.256.
  658         (11)
  659         (b) The court shall request that the parents consent to
  660  provide access to the child’s medical records and provide
  661  information to the court, the department or its contract
  662  agencies, and the any guardian ad litem or attorney ad litem, if
  663  one is appointed, for the child. If a parent is unavailable or
  664  unable to consent or withholds consent and the court determines
  665  access to the records and information is necessary to provide
  666  services to the child, the court shall issue an order granting
  667  access. The court may also order the parents to provide all
  668  known medical information to the department and to any others
  669  granted access under this subsection.
  670         (c) The court shall request that the parents consent to
  671  provide access to the child’s child care records, early
  672  education program records, or other educational records and
  673  provide information to the court, the department or its contract
  674  agencies, and the any guardian ad litem or attorney ad litem, if
  675  one is appointed, for the child. If a parent is unavailable or
  676  unable to consent or withholds consent and the court determines
  677  access to the records and information is necessary to provide
  678  services to the child, the court shall issue an order granting
  679  access.
  680         (14) The time limitations in this section do not include:
  681         (a) Periods of delay resulting from a continuance granted
  682  at the request or with the consent of the child’s counsel or the
  683  child’s guardian ad litem or attorney ad litem, if one is has
  684  been appointed by the court, or, if the child is of sufficient
  685  capacity to express reasonable consent, at the request or with
  686  the consent of the child’s attorney or the child’s guardian ad
  687  litem, if one has been appointed by the court, and the child.
  688         Section 14. Paragraphs (a) and (b) of subsection (4) of
  689  section 39.4022, Florida Statutes, are amended to read:
  690         39.4022 Multidisciplinary teams; staffings; assessments;
  691  report.—
  692         (4) PARTICIPANTS.—
  693         (a) Collaboration among diverse individuals who are part of
  694  the child’s network is necessary to make the most informed
  695  decisions possible for the child. A diverse team is preferable
  696  to ensure that the necessary combination of technical skills,
  697  cultural knowledge, community resources, and personal
  698  relationships is developed and maintained for the child and
  699  family. The participants necessary to achieve an appropriately
  700  diverse team for a child may vary by child and may include
  701  extended family, friends, neighbors, coaches, clergy, coworkers,
  702  or others the family identifies as potential sources of support.
  703         1. Each multidisciplinary team staffing must invite the
  704  following members:
  705         a. The child, unless he or she is not of an age or capacity
  706  to participate in the team, and the child’s guardian ad litem;
  707         b. The child’s family members and other individuals
  708  identified by the family as being important to the child,
  709  provided that a parent who has a no contact order or injunction,
  710  is alleged to have sexually abused the child, or is subject to a
  711  termination of parental rights may not participate;
  712         c. The current caregiver, provided the caregiver is not a
  713  parent who meets the criteria of one of the exceptions under
  714  sub-subparagraph b.;
  715         d. A representative from the department other than the
  716  Children’s Legal Services attorney, when the department is
  717  directly involved in the goal identified by the staffing;
  718         e. A representative from the community-based care lead
  719  agency, when the lead agency is directly involved in the goal
  720  identified by the staffing;
  721         f. The case manager for the child, or his or her case
  722  manager supervisor; and
  723         g. A representative from the Department of Juvenile
  724  Justice, if the child is dually involved with both the
  725  department and the Department of Juvenile Justice.
  726         2. The multidisciplinary team must make reasonable efforts
  727  to have all mandatory invitees attend. However, the
  728  multidisciplinary team staffing may not be delayed if the
  729  invitees in subparagraph 1. fail to attend after being provided
  730  reasonable opportunities.
  731         (b) Based on the particular goal the multidisciplinary team
  732  staffing identifies as the purpose of convening the staffing as
  733  provided under subsection (5), the department or lead agency may
  734  also invite to the meeting other professionals, including, but
  735  not limited to:
  736         1. A representative from Children’s Medical Services;
  737         2. A guardian ad litem, if one is appointed;
  738         3. A school personnel representative who has direct contact
  739  with the child;
  740         3.4. A therapist or other behavioral health professional,
  741  if applicable;
  742         4.5. A mental health professional with expertise in sibling
  743  bonding, if the department or lead agency deems such expert is
  744  necessary; or
  745         5.6. Other community providers of services to the child or
  746  stakeholders, when applicable.
  747         Section 15. Paragraph (d) of subsection (3) and paragraph
  748  (c) of subsection (4) of section 39.4023, Florida Statutes, are
  749  amended to read:
  750         39.4023 Placement and education transitions; transition
  751  plans.—
  752         (3) PLACEMENT TRANSITIONS.—
  753         (d) Transition planning.—
  754         1. If the supportive services provided pursuant to
  755  paragraph (c) have not been successful to make the maintenance
  756  of the placement suitable or if there are other circumstances
  757  that require the child to be moved, the department or the
  758  community-based care lead agency must convene a
  759  multidisciplinary team staffing as required under s. 39.4022
  760  before the child’s placement is changed, or within 72 hours of
  761  moving the child in an emergency situation, for the purpose of
  762  developing an appropriate transition plan.
  763         2. A placement change may occur immediately in an emergency
  764  situation without convening a multidisciplinary team staffing.
  765  However, a multidisciplinary team staffing must be held within
  766  72 hours after the emergency situation arises.
  767         3. The department or the community-based care lead agency
  768  must provide written notice of the planned move at least 14 days
  769  before the move or within 72 hours after an emergency situation,
  770  to the greatest extent possible and consistent with the child’s
  771  needs and preferences. The notice must include the reason a
  772  placement change is necessary. A copy of the notice must be
  773  filed with the court and be provided to all of the following:
  774         a. The child, unless he or she, due to age or capacity, is
  775  unable to comprehend the written notice, which will necessitate
  776  the department or lead agency to provide notice in an age
  777  appropriate and capacity-appropriate alternative manner.;
  778         b. The child’s parents, unless prohibited by court order.;
  779         c. The child’s out-of-home caregiver.;
  780         d. The guardian ad litem., if one is appointed;
  781         e. The attorney ad litem for the child, if one is
  782  appointed.; and
  783         f. The attorney for the department.
  784         4. The transition plan must be developed through
  785  cooperation among the persons included in subparagraph 3., and
  786  such persons must share any relevant information necessary for
  787  its development. Subject to the child’s needs and preferences,
  788  the transition plan must meet the requirements of s.
  789  409.1415(2)(b)8. and exclude any placement changes that occur
  790  between 7 p.m. and 8 a.m.
  791         5. The department or the community-based care lead agency
  792  shall file the transition plan with the court within 48 hours
  793  after the creation of such plan and provide a copy of the plan
  794  to the persons included in subparagraph 3.
  795         (4) EDUCATION TRANSITIONS.—
  796         (c) Minimizing school changes.—
  797         1. Every effort must be made to keep a child in the school
  798  of origin if it is in the child’s best interest. Any placement
  799  decision must include thoughtful consideration of which school a
  800  child will attend if a school change is necessary.
  801         2. Members of a multidisciplinary team staffing convened
  802  for a purpose other than a school change must determine the
  803  child’s best interest regarding remaining in the school or
  804  program of origin if the child’s educational options are
  805  affected by any other decision being made by the
  806  multidisciplinary team.
  807         3. The determination of whether it is in the child’s best
  808  interest to remain in the school of origin, and if not, of which
  809  school the child will attend in the future, must be made in
  810  consultation with the following individuals, including, but not
  811  limited to, the child; the parents; the caregiver; the child
  812  welfare professional; the guardian ad litem, if appointed; the
  813  educational surrogate, if appointed; child care and educational
  814  staff, including teachers and guidance counselors; and the
  815  school district representative or foster care liaison. A
  816  multidisciplinary team member may contact any of these
  817  individuals in advance of a multidisciplinary team staffing to
  818  obtain his or her recommendation. An individual may remotely
  819  attend the multidisciplinary team staffing if one of the
  820  identified goals is related to determining an educational
  821  placement. The multidisciplinary team may rely on a report from
  822  the child’s current school or program district and, if
  823  applicable, any other school district being considered for the
  824  educational placement if the required school personnel are not
  825  available to attend the multidisciplinary team staffing in
  826  person or remotely.
  827         4. The multidisciplinary team and the individuals listed in
  828  subparagraph 3. must consider, at a minimum, all of the
  829  following factors when determining whether remaining in the
  830  school or program of origin is in the child’s best interest or,
  831  if not, when selecting a new school or program:
  832         a. The child’s desire to remain in the school or program of
  833  origin.
  834         b. The preference of the child’s parents or legal
  835  guardians.
  836         c. Whether the child has siblings, close friends, or
  837  mentors at the school or program of origin.
  838         d. The child’s cultural and community connections in the
  839  school or program of origin.
  840         e. Whether the child is suspected of having a disability
  841  under the Individuals with Disabilities Education Act (IDEA) or
  842  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
  843  interventions under this state’s multitiered system of supports.
  844         f. Whether the child has an evaluation pending for special
  845  education and related services under IDEA or s. 504 of the
  846  Rehabilitation Act of 1973.
  847         g. Whether the child is a student with a disability under
  848  IDEA who is receiving special education and related services or
  849  a student with a disability under s. 504 of the Rehabilitation
  850  Act of 1973 who is receiving accommodations and services and, if
  851  so, whether those required services are available in a school or
  852  program other than the school or program of origin.
  853         h. Whether the child is an English Language Learner student
  854  and is receiving language services and, if so, whether those
  855  required services are available in a school or program other
  856  than the school or program of origin.
  857         i. The impact a change to the school or program of origin
  858  would have on academic credits and progress toward promotion.
  859         j. The availability of extracurricular activities important
  860  to the child.
  861         k. The child’s known individualized educational plan or
  862  other medical and behavioral health needs and whether such plan
  863  or needs are able to be met at a school or program other than
  864  the school or program of origin.
  865         l. The child’s permanency goal and timeframe for achieving
  866  permanency.
  867         m. The child’s history of school transfers and how such
  868  transfers have impacted the child academically, emotionally, and
  869  behaviorally.
  870         n. The length of the commute to the school or program from
  871  the child’s home or placement and how such commute would impact
  872  the child.
  873         o. The length of time the child has attended the school or
  874  program of origin.
  875         5. The cost of transportation cannot be a factor in making
  876  a best interest determination.
  877         Section 16. Paragraph (f) of subsection (3) of section
  878  39.407, Florida Statutes, is amended to read:
  879         39.407 Medical, psychiatric, and psychological examination
  880  and treatment of child; physical, mental, or substance abuse
  881  examination of person with or requesting child custody.—
  882         (3)
  883         (f)1. The department shall fully inform the court of the
  884  child’s medical and behavioral status as part of the social
  885  services report prepared for each judicial review hearing held
  886  for a child for whom psychotropic medication has been prescribed
  887  or provided under this subsection. As a part of the information
  888  provided to the court, the department shall furnish copies of
  889  all pertinent medical records concerning the child which have
  890  been generated since the previous hearing. On its own motion or
  891  on good cause shown by any party, including the any guardian ad
  892  litem, attorney, or attorney ad litem, if one is who has been
  893  appointed to represent the child or the child’s interests, the
  894  court may review the status more frequently than required in
  895  this subsection.
  896         2. The court may, in the best interests of the child, order
  897  the department to obtain a medical opinion addressing whether
  898  the continued use of the medication under the circumstances is
  899  safe and medically appropriate.
  900         Section 17. Paragraphs (m), (t), and (u) of subsection (1)
  901  of section 39.4085, Florida Statutes, are amended to read:
  902         39.4085 Goals for dependent children; responsibilities;
  903  education; Office of the Children’s Ombudsman.—
  904         (1) The Legislature finds that the design and delivery of
  905  child welfare services should be directed by the principle that
  906  the health and safety of children, including the freedom from
  907  abuse, abandonment, or neglect, is of paramount concern and,
  908  therefore, establishes the following goals for children in
  909  shelter or foster care:
  910         (m) To receive meaningful case management and planning that
  911  will quickly return the child to his or her family or move the
  912  child on to other forms of permanency. For a child who is
  913  transitioning from foster care to independent living, permanency
  914  includes establishing naturally occurring, lifelong, kin-like
  915  connections between the child and a supportive adult.
  916         (t) To have a guardian ad litem appointed to represent,
  917  within reason, their best interests and, if appropriate, an
  918  attorney ad litem appointed to represent their legal interests;
  919  the guardian ad litem or and attorney ad litem, if one is
  920  appointed, shall have immediate and unlimited access to the
  921  children they represent.
  922         (u) To have all their records available for review by their
  923  guardian ad litem or and attorney ad litem, if one is appointed,
  924  if they deem such review necessary.
  925  
  926  This subsection establishes goals and not rights. This
  927  subsection does not require the delivery of any particular
  928  service or level of service in excess of existing
  929  appropriations. A person does not have a cause of action against
  930  the state or any of its subdivisions, agencies, contractors,
  931  subcontractors, or agents, based upon the adoption of or failure
  932  to provide adequate funding for the achievement of these goals
  933  by the Legislature. This subsection does not require the
  934  expenditure of funds to meet the goals established in this
  935  subsection except those funds specifically appropriated for such
  936  purpose.
  937         Section 18. Subsection (8) of section 39.502, Florida
  938  Statutes, is amended to read:
  939         39.502 Notice, process, and service.—
  940         (8) It is not necessary to the validity of a proceeding
  941  covered by this part that the parents be present if their
  942  identity or residence is unknown after a diligent search has
  943  been made; however, but in this event the petitioner must shall
  944  file an affidavit of diligent search prepared by the person who
  945  made the search and inquiry, and the court must may appoint a
  946  guardian ad litem for the child if a guardian ad litem has not
  947  previously been appointed.
  948         Section 19. Paragraph (c) of subsection (3) of section
  949  39.522, Florida Statutes, is amended to read:
  950         39.522 Postdisposition change of custody.—
  951         (3)
  952         (c)1. The department or community-based care lead agency
  953  must notify a current caregiver who has been in the physical
  954  custody placement for at least 9 consecutive months and who
  955  meets all the established criteria in paragraph (b) of an intent
  956  to change the physical custody of the child, and a
  957  multidisciplinary team staffing must be held in accordance with
  958  ss. 39.4022 and 39.4023 at least 21 days before the intended
  959  date for the child’s change in physical custody, unless there is
  960  an emergency situation as defined in s. 39.4022(2)(b). If there
  961  is not a unanimous consensus decision reached by the
  962  multidisciplinary team, the department’s official position must
  963  be provided to the parties within the designated time period as
  964  provided for in s. 39.4022.
  965         2. A caregiver who objects to the department’s official
  966  position on the change in physical custody must notify the court
  967  and the department or community-based care lead agency of his or
  968  her objection and the intent to request an evidentiary hearing
  969  in writing in accordance with this section within 5 days after
  970  receiving notice of the department’s official position provided
  971  under subparagraph 1. The transition of the child to the new
  972  caregiver may not begin before the expiration of the 5-day
  973  period within which the current caregiver may object.
  974         3. Upon the department or community-based care lead agency
  975  receiving written notice of the caregiver’s objection, the
  976  change to the child’s physical custody must be placed in
  977  abeyance and the child may not be transitioned to a new physical
  978  placement without a court order, unless there is an emergency
  979  situation as defined in s. 39.4022(2)(b).
  980         4. Within 7 days after receiving written notice from the
  981  caregiver, the court must conduct an initial case status
  982  hearing, at which time the court must do all of the following:
  983         a. Grant party status to the current caregiver who is
  984  seeking permanent custody and has maintained physical custody of
  985  that child for at least 9 continuous months for the limited
  986  purpose of filing a motion for a hearing on the objection and
  987  presenting evidence pursuant to this subsection.;
  988         b. Appoint an attorney for the child who is the subject of
  989  the permanent custody proceeding, in addition to the guardian ad
  990  litem, if one is appointed;
  991         b.c. Advise the caregiver of his or her right to retain
  992  counsel for purposes of the evidentiary hearing.; and
  993         c.d. Appoint a court-selected neutral and independent
  994  licensed professional with expertise in the science and research
  995  of child-parent bonding.
  996         Section 20. Paragraph (c) of subsection (1) and paragraph
  997  (c) of subsection (3) of section 39.6012, Florida Statutes, are
  998  amended to read:
  999         39.6012 Case plan tasks; services.—
 1000         (1) The services to be provided to the parent and the tasks
 1001  that must be completed are subject to the following:
 1002         (c) If there is evidence of harm as defined in s.
 1003  39.01(37)(g) s. 39.01(34)(g), the case plan must include as a
 1004  required task for the parent whose actions caused the harm that
 1005  the parent submit to a substance abuse disorder assessment or
 1006  evaluation and participate and comply with treatment and
 1007  services identified in the assessment or evaluation as being
 1008  necessary.
 1009         (3) In addition to any other requirement, if the child is
 1010  in an out-of-home placement, the case plan must include:
 1011         (c) When appropriate, for a child who is 13 years of age or
 1012  older, a written description of the programs and services that
 1013  will help the child prepare for the transition from foster care
 1014  to independent living. The written description must include age
 1015  appropriate activities for the child’s development of
 1016  relationships, coping skills, and emotional well-being.
 1017         Section 21. Section 39.6036, Florida Statutes, is created
 1018  to read:
 1019         39.6036Supportive adults for children transitioning out of
 1020  foster care.—
 1021         (1)The Legislature finds that a committed, caring adult
 1022  provides a lifeline for a child transitioning out of foster care
 1023  to live independently. Accordingly, it is the intent of the
 1024  Legislature that the Statewide Guardian ad Litem Office help
 1025  children connect with supportive adults with the hope of
 1026  creating an ongoing relationship that lasts into adulthood.
 1027         (2)The Statewide Guardian ad Litem Office shall work with
 1028  a child who is transitioning out of foster care to identify at
 1029  least one supportive adult with whom the child can enter into a
 1030  formal agreement for an ongoing relationship and document such
 1031  agreement in the child’s court file. If the child cannot
 1032  identify a supportive adult, the Statewide Guardian ad Litem
 1033  Office shall work in coordination with the Office of Continuing
 1034  Care to identify at least one supportive adult with whom the
 1035  child can enter into a formal agreement for an ongoing
 1036  relationship and document such agreement in the child’s court
 1037  file.
 1038         Section 22. Paragraph (c) of subsection (10) of section
 1039  39.621, Florida Statutes, is amended to read:
 1040         39.621 Permanency determination by the court.—
 1041         (10) The permanency placement is intended to continue until
 1042  the child reaches the age of majority and may not be disturbed
 1043  absent a finding by the court that the circumstances of the
 1044  permanency placement are no longer in the best interest of the
 1045  child.
 1046         (c) The court shall base its decision concerning any motion
 1047  by a parent for reunification or increased contact with a child
 1048  on the effect of the decision on the safety, well-being, and
 1049  physical and emotional health of the child. Factors that must be
 1050  considered and addressed in the findings of fact of the order on
 1051  the motion must include:
 1052         1. The compliance or noncompliance of the parent with the
 1053  case plan;
 1054         2. The circumstances which caused the child’s dependency
 1055  and whether those circumstances have been resolved;
 1056         3. The stability and longevity of the child’s placement;
 1057         4. The preferences of the child, if the child is of
 1058  sufficient age and understanding to express a preference;
 1059         5. The recommendation of the current custodian; and
 1060         6. Any The recommendation of the guardian ad litem, if one
 1061  has been appointed.
 1062         Section 23. Subsection (2) of section 39.6241, Florida
 1063  Statutes, is amended to read:
 1064         39.6241 Another planned permanent living arrangement.—
 1065         (2) The department and the guardian ad litem must provide
 1066  the court with a recommended list and description of services
 1067  needed by the child, such as independent living services and
 1068  medical, dental, educational, or psychological referrals, and a
 1069  recommended list and description of services needed by his or
 1070  her caregiver. The guardian ad litem must also advise the court
 1071  whether the child has been connected with a supportive adult
 1072  and, if the child has been connected with a supportive adult,
 1073  whether the child has entered into a formal agreement with the
 1074  adult. If the child has entered into a formal agreement pursuant
 1075  to s. 39.6036, the guardian ad litem must ensure that the
 1076  agreement is documented in the child’s court file.
 1077         Section 24. Paragraphs (b) and (f) of subsection (1),
 1078  paragraph (c) of subsection (2), subsection (3), and paragraph
 1079  (e) of subsection (4) of section 39.701, Florida Statutes, are
 1080  amended to read:
 1081         39.701 Judicial review.—
 1082         (1) GENERAL PROVISIONS.—
 1083         (b)1. The court shall retain jurisdiction over a child
 1084  returned to his or her parents for a minimum period of 6 months
 1085  after following the reunification, but, at that time, based on a
 1086  report of the social service agency and the guardian ad litem,
 1087  if one has been appointed, and any other relevant factors, the
 1088  court shall make a determination as to whether supervision by
 1089  the department and the court’s jurisdiction shall continue or be
 1090  terminated.
 1091         2. Notwithstanding subparagraph 1., the court must retain
 1092  jurisdiction over a child if the child is placed in the home
 1093  with a parent or caregiver with an in-home safety plan and such
 1094  safety plan remains necessary for the child to reside safely in
 1095  the home.
 1096         (f) Notice of a judicial review hearing or a citizen review
 1097  panel hearing, and a copy of the motion for judicial review, if
 1098  any, must be served by the clerk of the court upon all of the
 1099  following persons, if available to be served, regardless of
 1100  whether the person was present at the previous hearing at which
 1101  the date, time, and location of the hearing was announced:
 1102         1. The social service agency charged with the supervision
 1103  of care, custody, or guardianship of the child, if that agency
 1104  is not the movant.
 1105         2. The foster parent or legal custodian in whose home the
 1106  child resides.
 1107         3. The parents.
 1108         4. The guardian ad litem for the child, or the
 1109  representative of the guardian ad litem program if the program
 1110  has been appointed.
 1111         5. The attorney ad litem for the child, if one is
 1112  appointed.
 1113         6. The child, if the child is 13 years of age or older.
 1114         7. Any preadoptive parent.
 1115         8. Such other persons as the court may direct.
 1116         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1117  AGE.—
 1118         (c) Review determinations.—The court and any citizen review
 1119  panel shall take into consideration the information contained in
 1120  the social services study and investigation and all medical,
 1121  psychological, and educational records that support the terms of
 1122  the case plan; testimony by the social services agency, the
 1123  parent, the foster parent or caregiver, the guardian ad litem,
 1124  the or surrogate parent for educational decisionmaking if one
 1125  has been appointed for the child, and any other person deemed
 1126  appropriate; and any relevant and material evidence submitted to
 1127  the court, including written and oral reports to the extent of
 1128  their probative value. These reports and evidence may be
 1129  received by the court in its effort to determine the action to
 1130  be taken with regard to the child and may be relied upon to the
 1131  extent of their probative value, even though not competent in an
 1132  adjudicatory hearing. In its deliberations, the court and any
 1133  citizen review panel shall seek to determine:
 1134         1. If the parent was advised of the right to receive
 1135  assistance from any person or social service agency in the
 1136  preparation of the case plan.
 1137         2. If the parent has been advised of the right to have
 1138  counsel present at the judicial review or citizen review
 1139  hearings. If not so advised, the court or citizen review panel
 1140  shall advise the parent of such right.
 1141         3. If a guardian ad litem needs to be appointed for the
 1142  child in a case in which a guardian ad litem has not previously
 1143  been appointed or if there is a need to continue a guardian ad
 1144  litem in a case in which a guardian ad litem has been appointed.
 1145         4. Who holds the rights to make educational decisions for
 1146  the child. If appropriate, the court may refer the child to the
 1147  district school superintendent for appointment of a surrogate
 1148  parent or may itself appoint a surrogate parent under the
 1149  Individuals with Disabilities Education Act and s. 39.0016.
 1150         5. The compliance or lack of compliance of all parties with
 1151  applicable items of the case plan, including the parents’
 1152  compliance with child support orders.
 1153         6. The compliance or lack of compliance with a visitation
 1154  contract between the parent and the social service agency for
 1155  contact with the child, including the frequency, duration, and
 1156  results of the parent-child visitation and the reason for any
 1157  noncompliance.
 1158         7. The frequency, kind, and duration of contacts among
 1159  siblings who have been separated during placement, as well as
 1160  any efforts undertaken to reunite separated siblings if doing so
 1161  is in the best interests of the child.
 1162         8. The compliance or lack of compliance of the parent in
 1163  meeting specified financial obligations pertaining to the care
 1164  of the child, including the reason for failure to comply, if
 1165  applicable.
 1166         9. Whether the child is receiving safe and proper care
 1167  according to s. 39.6012, including, but not limited to, the
 1168  appropriateness of the child’s current placement, including
 1169  whether the child is in a setting that is as family-like and as
 1170  close to the parent’s home as possible, consistent with the
 1171  child’s best interests and special needs, and including
 1172  maintaining stability in the child’s educational placement, as
 1173  documented by assurances from the community-based care lead
 1174  agency that:
 1175         a. The placement of the child takes into account the
 1176  appropriateness of the current educational setting and the
 1177  proximity to the school in which the child is enrolled at the
 1178  time of placement.
 1179         b. The community-based care lead agency has coordinated
 1180  with appropriate local educational agencies to ensure that the
 1181  child remains in the school in which the child is enrolled at
 1182  the time of placement.
 1183         10. A projected date likely for the child’s return home or
 1184  other permanent placement.
 1185         11. When appropriate, the basis for the unwillingness or
 1186  inability of the parent to become a party to a case plan. The
 1187  court and the citizen review panel shall determine if the
 1188  efforts of the social service agency to secure party
 1189  participation in a case plan were sufficient.
 1190         12. For a child who has reached 13 years of age but is not
 1191  yet 18 years of age, the adequacy of the child’s preparation for
 1192  adulthood and independent living. For a child who is 15 years of
 1193  age or older, the court shall determine if appropriate steps are
 1194  being taken for the child to obtain a driver license or
 1195  learner’s driver license.
 1196         13. If amendments to the case plan are required. Amendments
 1197  to the case plan must be made under s. 39.6013.
 1198         14. If the parents and caregivers have developed a
 1199  productive relationship that includes meaningful communication
 1200  and mutual support.
 1201         (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At
 1202  each review hearing held under this subsection, the court shall
 1203  give the child and the guardian ad litem the opportunity to
 1204  address the court and provide any information relevant to the
 1205  child’s best interest, particularly in relation to independent
 1206  living transition services. The foster parent or, legal
 1207  custodian, or guardian ad litem may also provide any information
 1208  relevant to the child’s best interest to the court. In addition
 1209  to the review and report required under paragraphs (1)(a) and
 1210  (2)(a), respectively, and the review and report required under
 1211  s. 39.822(2)(a)2., the court shall:
 1212         (a) Inquire about the life skills the child has acquired
 1213  and whether those services are age appropriate, at the first
 1214  judicial review hearing held subsequent to the child’s 16th
 1215  birthday. At the judicial review hearing, the department shall
 1216  provide the court with a report that includes specific
 1217  information related to the life skills that the child has
 1218  acquired since the child’s 13th birthday or since the date the
 1219  child came into foster care, whichever came later. For any child
 1220  who may meet the requirements for appointment of a guardian
 1221  advocate under s. 393.12 or a guardian under chapter 744, the
 1222  updated case plan must be developed in a face-to-face conference
 1223  with the child, if appropriate; the child’s attorney ad litem,
 1224  if one is appointed; the child’s; any court-appointed guardian
 1225  ad litem; the temporary custodian of the child; and the parent
 1226  of the child, if the parent’s rights have not been terminated.
 1227         (b) The court shall hold a judicial review hearing within
 1228  90 days after a child’s 17th birthday. The court shall issue an
 1229  order, separate from the order on judicial review, that the
 1230  disability of nonage of the child has been removed under ss.
 1231  743.044-743.047 for any disability that the court finds is in
 1232  the child’s best interest to remove. The department shall
 1233  include in the social study report for the first judicial review
 1234  that occurs after the child’s 17th birthday written verification
 1235  that the child has:
 1236         1. A current Medicaid card and all necessary information
 1237  concerning the Medicaid program sufficient to prepare the child
 1238  to apply for coverage upon reaching the age of 18, if such
 1239  application is appropriate.
 1240         2. A certified copy of the child’s birth certificate and,
 1241  if the child does not have a valid driver license, a Florida
 1242  identification card issued under s. 322.051.
 1243         3. A social security card and information relating to
 1244  social security insurance benefits if the child is eligible for
 1245  those benefits. If the child has received such benefits and they
 1246  are being held in trust for the child, a full accounting of
 1247  these funds must be provided and the child must be informed as
 1248  to how to access those funds.
 1249         4. All relevant information related to the Road-to
 1250  Independence Program under s. 409.1451, including, but not
 1251  limited to, eligibility requirements, information on
 1252  participation, and assistance in gaining admission to the
 1253  program. If the child is eligible for the Road-to-Independence
 1254  Program, he or she must be advised that he or she may continue
 1255  to reside with the licensed family home or group care provider
 1256  with whom the child was residing at the time the child attained
 1257  his or her 18th birthday, in another licensed family home, or
 1258  with a group care provider arranged by the department.
 1259         5. An open bank account or the identification necessary to
 1260  open a bank account and to acquire essential banking and
 1261  budgeting skills.
 1262         6. Information on public assistance and how to apply for
 1263  public assistance.
 1264         7. A clear understanding of where he or she will be living
 1265  on his or her 18th birthday, how living expenses will be paid,
 1266  and the educational program or school in which he or she will be
 1267  enrolled.
 1268         8. Information related to the ability of the child to
 1269  remain in care until he or she reaches 21 years of age under s.
 1270  39.013.
 1271         9. A letter providing the dates that the child is under the
 1272  jurisdiction of the court.
 1273         10. A letter stating that the child is in compliance with
 1274  financial aid documentation requirements.
 1275         11. The child’s educational records.
 1276         12. The child’s entire health and mental health records.
 1277         13. The process for accessing the child’s case file.
 1278         14. A statement encouraging the child to attend all
 1279  judicial review hearings.
 1280         15. Information on how to obtain a driver license or
 1281  learner’s driver license.
 1282         (c) At the first judicial review hearing held subsequent to
 1283  the child’s 17th birthday, if the court determines pursuant to
 1284  chapter 744 that there is a good faith basis to believe that the
 1285  child qualifies for appointment of a guardian advocate, limited
 1286  guardian, or plenary guardian for the child and that no less
 1287  restrictive decisionmaking assistance will meet the child’s
 1288  needs:
 1289         1. The department shall complete a multidisciplinary report
 1290  which must include, but is not limited to, a psychosocial
 1291  evaluation and educational report if such a report has not been
 1292  completed within the previous 2 years.
 1293         2. The department shall identify one or more individuals
 1294  who are willing to serve as the guardian advocate under s.
 1295  393.12 or as the plenary or limited guardian under chapter 744.
 1296  Any other interested parties or participants may make efforts to
 1297  identify such a guardian advocate, limited guardian, or plenary
 1298  guardian. The child’s biological or adoptive family members,
 1299  including the child’s parents if the parents’ rights have not
 1300  been terminated, may not be considered for service as the
 1301  plenary or limited guardian unless the court enters a written
 1302  order finding that such an appointment is in the child’s best
 1303  interests.
 1304         3. Proceedings may be initiated within 180 days after the
 1305  child’s 17th birthday for the appointment of a guardian
 1306  advocate, plenary guardian, or limited guardian for the child in
 1307  a separate proceeding in the court division with jurisdiction
 1308  over guardianship matters and pursuant to chapter 744. The
 1309  Legislature encourages the use of pro bono representation to
 1310  initiate proceedings under this section.
 1311         4. In the event another interested party or participant
 1312  initiates proceedings for the appointment of a guardian
 1313  advocate, plenary guardian, or limited guardian for the child,
 1314  the department shall provide all necessary documentation and
 1315  information to the petitioner to complete a petition under s.
 1316  393.12 or chapter 744 within 45 days after the first judicial
 1317  review hearing after the child’s 17th birthday.
 1318         5. Any proceedings seeking appointment of a guardian
 1319  advocate or a determination of incapacity and the appointment of
 1320  a guardian must be conducted in a separate proceeding in the
 1321  court division with jurisdiction over guardianship matters and
 1322  pursuant to chapter 744.
 1323         (d) If the court finds at the judicial review hearing after
 1324  the child’s 17th birthday that the department has not met its
 1325  obligations to the child as stated in this part, in the written
 1326  case plan, or in the provision of independent living services,
 1327  the court may issue an order directing the department to show
 1328  cause as to why it has not done so. If the department cannot
 1329  justify its noncompliance, the court may give the department 30
 1330  days within which to comply. If the department fails to comply
 1331  within 30 days, the court may hold the department in contempt.
 1332         (e) If necessary, the court may review the status of the
 1333  child more frequently during the year before the child’s 18th
 1334  birthday. At the last review hearing before the child reaches 18
 1335  years of age, and in addition to the requirements of subsection
 1336  (2), the court shall:
 1337         1. Address whether the child plans to remain in foster
 1338  care, and, if so, ensure that the child’s transition plan
 1339  includes a plan for meeting one or more of the criteria
 1340  specified in s. 39.6251 and determine if the child has entered
 1341  into a formal agreement for an ongoing relationship with a
 1342  supportive adult.
 1343         2. Ensure that the transition plan includes a supervised
 1344  living arrangement under s. 39.6251.
 1345         3. Ensure the child has been informed of:
 1346         a. The right to continued support and services from the
 1347  department and the community-based care lead agency.
 1348         b. The right to request termination of dependency
 1349  jurisdiction and be discharged from foster care.
 1350         c. The opportunity to reenter foster care under s. 39.6251.
 1351         4. Ensure that the child, if he or she requests termination
 1352  of dependency jurisdiction and discharge from foster care, has
 1353  been informed of:
 1354         a. Services or benefits for which the child may be eligible
 1355  based on his or her former placement in foster care, including,
 1356  but not limited to, the assistance of the Office of Continuing
 1357  Care under s. 414.56.
 1358         b. Services or benefits that may be lost through
 1359  termination of dependency jurisdiction.
 1360         c. Other federal, state, local, or community-based services
 1361  or supports available to him or her.
 1362         (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
 1363  each period of time that a young adult remains in foster care,
 1364  the court shall review the status of the young adult at least
 1365  every 6 months and must hold a permanency review hearing at
 1366  least annually.
 1367         (e)1. Notwithstanding the provisions of this subsection, if
 1368  a young adult has chosen to remain in extended foster care after
 1369  he or she has reached 18 years of age, the department may not
 1370  close a case and the court may not terminate jurisdiction until
 1371  the court finds, following a hearing, that the following
 1372  criteria have been met:
 1373         a.1. Attendance of the young adult at the hearing; or
 1374         b.2. Findings by the court that:
 1375         (I)a. The young adult has been informed by the department
 1376  of his or her right to attend the hearing and has provided
 1377  written consent to waive this right; and
 1378         (II)b. The young adult has been informed of the potential
 1379  negative effects of early termination of care, the option to
 1380  reenter care before reaching 21 years of age, the procedure for,
 1381  and limitations on, reentering care, and the availability of
 1382  alternative services, and has signed a document attesting that
 1383  he or she has been so informed and understands these provisions;
 1384  or
 1385         (III)c. The young adult has voluntarily left the program,
 1386  has not signed the document in sub-subparagraph b., and is
 1387  unwilling to participate in any further court proceeding.
 1388         2.3. In all permanency hearings or hearings regarding the
 1389  transition of the young adult from care to independent living,
 1390  the court shall consult with the young adult regarding the
 1391  proposed permanency plan, case plan, and individual education
 1392  plan for the young adult and ensure that he or she has
 1393  understood the conversation. The court shall also inquire of the
 1394  young adult regarding his or her relationship with the
 1395  supportive adult with whom the young adult has entered into a
 1396  formal agreement for an ongoing relationship, if such agreement
 1397  exists.
 1398         Section 25. Paragraph (a) of subsection (3) of section
 1399  39.801, Florida Statutes, is amended to read:
 1400         39.801 Procedures and jurisdiction; notice; service of
 1401  process.—
 1402         (3) Before the court may terminate parental rights, in
 1403  addition to the other requirements set forth in this part, the
 1404  following requirements must be met:
 1405         (a) Notice of the date, time, and place of the advisory
 1406  hearing for the petition to terminate parental rights; if
 1407  applicable, instructions for appearance through audio-video
 1408  communication technology; and a copy of the petition must be
 1409  personally served upon the following persons, specifically
 1410  notifying them that a petition has been filed:
 1411         1. The parents of the child.
 1412         2. The legal custodians of the child.
 1413         3. If the parents who would be entitled to notice are dead
 1414  or unknown, a living relative of the child, unless upon diligent
 1415  search and inquiry no such relative can be found.
 1416         4. Any person who has physical custody of the child.
 1417         5. Any grandparent entitled to priority for adoption under
 1418  s. 63.0425.
 1419         6. Any prospective parent who has been identified under s.
 1420  39.503 or s. 39.803, unless a court order has been entered
 1421  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1422  indicates no further notice is required. Except as otherwise
 1423  provided in this section, if there is not a legal father, notice
 1424  of the petition for termination of parental rights must be
 1425  provided to any known prospective father who is identified under
 1426  oath before the court or who is identified by a diligent search
 1427  of the Florida Putative Father Registry. Service of the notice
 1428  of the petition for termination of parental rights is not
 1429  required if the prospective father executes an affidavit of
 1430  nonpaternity or a consent to termination of his parental rights
 1431  which is accepted by the court after notice and opportunity to
 1432  be heard by all parties to address the best interests of the
 1433  child in accepting such affidavit.
 1434         7. The guardian ad litem for the child or the
 1435  representative of the guardian ad litem program, if the program
 1436  has been appointed.
 1437  
 1438  A party may consent to service or notice by e-mail by providing
 1439  a primary e-mail address to the clerk of the court. The document
 1440  containing the notice to respond or appear must contain, in type
 1441  at least as large as the type in the balance of the document,
 1442  the following or substantially similar language: “FAILURE TO
 1443  APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE
 1444  TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF
 1445  YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE
 1446  ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN
 1447  THE PETITION ATTACHED TO THIS NOTICE.”
 1448         Section 26. Subsection (2) of section 39.807, Florida
 1449  Statutes, is amended to read:
 1450         39.807 Right to counsel; guardian ad litem.—
 1451         (2)(a) The court shall appoint a guardian ad litem to
 1452  represent the best interest of the child in any termination of
 1453  parental rights proceedings and shall ascertain at each stage of
 1454  the proceedings whether a guardian ad litem has been appointed.
 1455         (b) The guardian ad litem has the following
 1456  responsibilities and authority specified in s. 39.822.:
 1457         1. To investigate the allegations of the petition and any
 1458  subsequent matters arising in the case and,
 1459         (c) Unless excused by the court, the guardian ad litem must
 1460  to file a written report. This report must include a statement
 1461  of the wishes of the child and the recommendations of the
 1462  guardian ad litem and must be provided to all parties and the
 1463  court at least 72 hours before the disposition hearing.
 1464         2. To be present at all court hearings unless excused by
 1465  the court.
 1466         3. To represent the best interests of the child until the
 1467  jurisdiction of the court over the child terminates or until
 1468  excused by the court.
 1469         (c) A guardian ad litem is not required to post bond but
 1470  shall file an acceptance of the office.
 1471         (d) A guardian ad litem is entitled to receive service of
 1472  pleadings and papers as provided by the Florida Rules of
 1473  Juvenile Procedure.
 1474         (d)(e) This subsection does not apply to any voluntary
 1475  relinquishment of parental rights proceeding.
 1476         Section 27. Subsection (2) of section 39.808, Florida
 1477  Statutes, is amended to read:
 1478         39.808 Advisory hearing; pretrial status conference.—
 1479         (2) At the hearing the court shall inform the parties of
 1480  their rights under s. 39.807, shall appoint counsel for the
 1481  parties in accordance with legal requirements, and shall appoint
 1482  a guardian ad litem to represent the interests of the child if
 1483  one has not already been appointed.
 1484         Section 28. Subsection (2) of section 39.815, Florida
 1485  Statutes, is amended to read:
 1486         39.815 Appeal.—
 1487         (2) An attorney for the department shall represent the
 1488  state upon appeal. When a notice of appeal is filed in the
 1489  circuit court, the clerk shall notify the attorney for the
 1490  department, together with the attorney for the parent, the
 1491  guardian ad litem, and the any attorney ad litem for the child,
 1492  if one is appointed.
 1493         Section 29. Section 39.820, Florida Statutes, is repealed.
 1494         Section 30. Subsections (1) and (3) of section 39.821,
 1495  Florida Statutes, are amended to read:
 1496         39.821 Qualifications of guardians ad litem.—
 1497         (1) Because of the special trust or responsibility placed
 1498  in a guardian ad litem, the Statewide Guardian ad Litem Office
 1499  Program may use any private funds collected by the office
 1500  program, or any state funds so designated, to conduct a security
 1501  background investigation before certifying a volunteer to serve.
 1502  A security background investigation must include, but need not
 1503  be limited to, employment history checks, checks of references,
 1504  local criminal history records checks through local law
 1505  enforcement agencies, and statewide criminal history records
 1506  checks through the Department of Law Enforcement. Upon request,
 1507  an employer shall furnish a copy of the personnel record for the
 1508  employee or former employee who is the subject of a security
 1509  background investigation conducted under this section. The
 1510  information contained in the personnel record may include, but
 1511  need not be limited to, disciplinary matters and the reason why
 1512  the employee was terminated from employment. An employer who
 1513  releases a personnel record for purposes of a security
 1514  background investigation is presumed to have acted in good faith
 1515  and is not liable for information contained in the record
 1516  without a showing that the employer maliciously falsified the
 1517  record. A security background investigation conducted under this
 1518  section must ensure that a person is not certified as a guardian
 1519  ad litem if the person has an arrest awaiting final disposition
 1520  for, been convicted of, regardless of adjudication, entered a
 1521  plea of nolo contendere or guilty to, or been adjudicated
 1522  delinquent and the record has not been sealed or expunged for,
 1523  any offense prohibited under the provisions listed in s. 435.04.
 1524  All applicants must undergo a level 2 background screening
 1525  pursuant to chapter 435 before being certified to serve as a
 1526  guardian ad litem. In analyzing and evaluating the information
 1527  obtained in the security background investigation, the office
 1528  program must give particular emphasis to past activities
 1529  involving children, including, but not limited to, child-related
 1530  criminal offenses or child abuse. The office program has sole
 1531  discretion in determining whether to certify a person based on
 1532  his or her security background investigation. The information
 1533  collected pursuant to the security background investigation is
 1534  confidential and exempt from s. 119.07(1).
 1535         (3) It is a misdemeanor of the first degree, punishable as
 1536  provided in s. 775.082 or s. 775.083, for any person to
 1537  willfully, knowingly, or intentionally fail, by false statement,
 1538  misrepresentation, impersonation, or other fraudulent means, to
 1539  disclose in any application for a volunteer position or for paid
 1540  employment with the Statewide Guardian ad Litem Office Program,
 1541  any material fact used in making a determination as to the
 1542  applicant’s qualifications for such position.
 1543         Section 31. Section 39.822, Florida Statutes, is amended to
 1544  read:
 1545         39.822 Appointment of guardian ad litem for abused,
 1546  abandoned, or neglected child.—
 1547         (1) A guardian ad litem shall be appointed by the court at
 1548  the earliest possible time to represent the child in any child
 1549  abuse, abandonment, or neglect judicial proceeding, whether
 1550  civil or criminal. A guardian ad litem is a fiduciary and must
 1551  provide independent representation of the child using a best
 1552  interest standard of decisionmaking and advocacy.
 1553         (2)(a)A guardian ad litem must:
 1554         1.Be present at all court hearings unless excused by the
 1555  court.
 1556         2.Investigate issues related to the best interest of the
 1557  child who is the subject of the appointment, review all
 1558  disposition recommendations and changes in placement, and,
 1559  unless excused by the court, file written reports and
 1560  recommendations in accordance with general law.
 1561         3.Represent the child until the court’s jurisdiction over
 1562  the child terminates or until excused by the court.
 1563         4.Advocate for the child’s participation in the
 1564  proceedings and to report the child’s preferences to the court,
 1565  to the extent the child has the ability and desire to express
 1566  his or her preferences.
 1567         5.Perform other duties that are consistent with the scope
 1568  of the appointment.
 1569         (b)A guardian ad litem shall have immediate and unlimited
 1570  access to the children he or she represents.
 1571         (c)A guardian ad litem is not required to post bond but
 1572  must file an acceptance of the appointment.
 1573         (d)A guardian ad litem is entitled to receive service of
 1574  pleadings and papers as provided by the Florida Rules of
 1575  Juvenile Procedure.
 1576         (3) Any person participating in a civil or criminal
 1577  judicial proceeding resulting from such appointment shall be
 1578  presumed prima facie to be acting in good faith and in so doing
 1579  shall be immune from any liability, civil or criminal, that
 1580  otherwise might be incurred or imposed.
 1581         (4)(2) In those cases in which the parents are financially
 1582  able, the parent or parents of the child shall reimburse the
 1583  court, in part or in whole, for the cost of provision of
 1584  guardian ad litem representation services. Reimbursement to the
 1585  individual providing guardian ad litem representation is not
 1586  services shall not be contingent upon successful collection by
 1587  the court from the parent or parents.
 1588         (5)(3) Upon presentation by a guardian ad litem of a court
 1589  order appointing the guardian ad litem:
 1590         (a) An agency, as defined in chapter 119, shall allow the
 1591  guardian ad litem to inspect and copy records related to the
 1592  best interests of the child who is the subject of the
 1593  appointment, including, but not limited to, records made
 1594  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
 1595  the State Constitution. The guardian ad litem shall maintain the
 1596  confidential or exempt status of any records shared by an agency
 1597  under this paragraph.
 1598         (b) A person or an organization, other than an agency under
 1599  paragraph (a), shall allow the guardian ad litem to inspect and
 1600  copy any records related to the best interests of the child who
 1601  is the subject of the appointment, including, but not limited
 1602  to, confidential records.
 1603  
 1604  For the purposes of this subsection, the term “records related
 1605  to the best interests of the child” includes, but is not limited
 1606  to, medical, mental health, substance abuse, child care,
 1607  education, law enforcement, court, social services, and
 1608  financial records.
 1609         (4) The guardian ad litem or the program representative
 1610  shall review all disposition recommendations and changes in
 1611  placements, and must be present at all critical stages of the
 1612  dependency proceeding or submit a written report of
 1613  recommendations to the court. Written reports must be filed with
 1614  the court and served on all parties whose whereabouts are known
 1615  at least 72 hours prior to the hearing.
 1616         Section 32. Subsection (4) of section 39.827, Florida
 1617  Statutes, is amended to read:
 1618         39.827 Hearing for appointment of a guardian advocate.—
 1619         (4) The hearing under this section must shall remain
 1620  confidential and closed to the public. The clerk shall keep all
 1621  court records required by this part separate from other records
 1622  of the circuit court. All court records required by this part
 1623  are shall be confidential and exempt from the provisions of s.
 1624  119.07(1). All Records may only shall be inspected only upon
 1625  order of the court by persons deemed by the court to have a
 1626  proper interest therein, except that a child and the parents or
 1627  custodians of the child and their attorneys, the guardian ad
 1628  litem, and the department and its designees, and the attorney ad
 1629  litem, if one is appointed, shall always have the right to
 1630  inspect and copy any official record pertaining to the child.
 1631  The court may permit authorized representatives of recognized
 1632  organizations compiling statistics for proper purposes to
 1633  inspect and make abstracts from official records, under whatever
 1634  conditions upon their use and disposition the court may deem
 1635  proper, and may punish by contempt proceedings any violation of
 1636  those conditions. All information obtained pursuant to this part
 1637  in the discharge of official duty by any judge, employee of the
 1638  court, or authorized agent of the department is shall be
 1639  confidential and exempt from the provisions of s. 119.07(1) and
 1640  may shall not be disclosed to anyone other than the authorized
 1641  personnel of the court or the department and its designees,
 1642  except upon order of the court.
 1643         Section 33. Paragraphs (a), (b), and (d) of subsection (1)
 1644  and subsection (2) of section 39.8296, Florida Statutes, are
 1645  amended to read:
 1646         39.8296 Statewide Guardian ad Litem Office; legislative
 1647  findings and intent; creation; appointment of executive
 1648  director; duties of office.—
 1649         (1) LEGISLATIVE FINDINGS AND INTENT.—
 1650         (a) The Legislature finds that for the past 20 years, the
 1651  Statewide Guardian ad Litem Office Program has been the only
 1652  mechanism for best interest representation for children in
 1653  Florida who are involved in dependency proceedings.
 1654         (b) The Legislature also finds that while the Statewide
 1655  Guardian ad Litem Office Program has been supervised by court
 1656  administration within the circuit courts since the office’s
 1657  program’s inception, there is a perceived conflict of interest
 1658  created by the supervision of program staff by the judges before
 1659  whom they appear.
 1660         (d) It is therefore the intent of the Legislature to place
 1661  the Statewide Guardian ad Litem Office Program in an appropriate
 1662  place and provide a statewide infrastructure to increase
 1663  functioning and standardization among the local offices programs
 1664  currently operating in the 20 judicial circuits.
 1665         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
 1666  Statewide Guardian ad Litem Office within the Justice
 1667  Administrative Commission. The Justice Administrative Commission
 1668  shall provide administrative support and service to the office
 1669  to the extent requested by the executive director within the
 1670  available resources of the commission. The Statewide Guardian ad
 1671  Litem Office is not subject to control, supervision, or
 1672  direction by the Justice Administrative Commission in the
 1673  performance of its duties, but the employees of the office are
 1674  governed by the classification plan and salary and benefits plan
 1675  approved by the Justice Administrative Commission.
 1676         (a) The head of the Statewide Guardian ad Litem Office is
 1677  the executive director, who shall be appointed by the Governor
 1678  from a list of a minimum of three eligible applicants submitted
 1679  by a Guardian ad Litem Qualifications Committee. The Guardian ad
 1680  Litem Qualifications Committee shall be composed of five
 1681  persons, two persons appointed by the Governor, two persons
 1682  appointed by the Chief Justice of the Supreme Court, and one
 1683  person appointed by the Statewide Guardian ad Litem Office
 1684  Association. The committee shall provide for statewide
 1685  advertisement and the receiving of applications for the position
 1686  of executive director. The Governor shall appoint an executive
 1687  director from among the recommendations, or the Governor may
 1688  reject the nominations and request the submission of new
 1689  nominees. The executive director must have knowledge in
 1690  dependency law and knowledge of social service delivery systems
 1691  available to meet the needs of children who are abused,
 1692  neglected, or abandoned. The executive director shall serve on a
 1693  full-time basis and shall personally, or through representatives
 1694  of the office, carry out the purposes and functions of the
 1695  Statewide Guardian ad Litem Office in accordance with state and
 1696  federal law and the state’s long-established policy of
 1697  prioritizing children’s best interests. The executive director
 1698  shall report to the Governor. The executive director shall serve
 1699  a 3-year term, subject to removal for cause by the Governor. Any
 1700  person appointed to serve as the executive director may be
 1701  permitted to serve more than one term without the necessity of
 1702  convening the Guardian ad Litem Qualifications Committee.
 1703         (b) The Statewide Guardian ad Litem Office shall, within
 1704  available resources, have oversight responsibilities for and
 1705  provide technical assistance to all guardian ad litem and
 1706  attorney ad litem offices programs located within the judicial
 1707  circuits.
 1708         1. The office shall identify the resources required to
 1709  implement methods of collecting, reporting, and tracking
 1710  reliable and consistent case data.
 1711         2. The office shall review the current guardian ad litem
 1712  offices programs in Florida and other states.
 1713         3. The office, in consultation with local guardian ad litem
 1714  offices, shall develop statewide performance measures and
 1715  standards.
 1716         4. The office shall develop and maintain a guardian ad
 1717  litem training program, which must be updated regularly, which
 1718  shall include, but is not limited to, training on the
 1719  recognition of and responses to head trauma and brain injury in
 1720  a child under 6 years of age. The office shall establish a
 1721  curriculum committee to develop the training program specified
 1722  in this subparagraph. The curriculum committee shall include,
 1723  but not be limited to, dependency judges, directors of circuit
 1724  guardian ad litem programs, active certified guardians ad litem,
 1725  a mental health professional who specializes in the treatment of
 1726  children, a member of a child advocacy group, a representative
 1727  of a domestic violence advocacy group, an individual with a
 1728  degree in social work, and a social worker experienced in
 1729  working with victims and perpetrators of child abuse.
 1730         5. The office shall review the various methods of funding
 1731  guardian ad litem offices programs, maximize the use of those
 1732  funding sources to the extent possible, and review the kinds of
 1733  services being provided by circuit guardian ad litem offices
 1734  programs.
 1735         6. The office shall determine the feasibility or
 1736  desirability of new concepts of organization, administration,
 1737  financing, or service delivery designed to preserve the civil
 1738  and constitutional rights and fulfill other needs of dependent
 1739  children.
 1740         7.The office shall ensure that each child has an attorney
 1741  assigned to his or her case and, within available resources, is
 1742  represented using multidisciplinary teams that may include
 1743  volunteers, pro bono attorneys, social workers, and mentors.
 1744         8.The office shall provide oversight and technical
 1745  assistance to attorneys ad litem, including, but not limited to,
 1746  all of the following:
 1747         a.Develop an attorney ad litem training program in
 1748  collaboration with dependency court stakeholders, including, but
 1749  not limited to, dependency judges, representatives from legal
 1750  aid providing attorney ad litem representation, and an attorney
 1751  ad litem appointed from a registry maintained by the chief
 1752  judge. The training program must be updated regularly with or
 1753  without convening the stakeholders group.
 1754         b.Offer consultation and technical assistance to chief
 1755  judges in maintaining attorney registries for the selection of
 1756  attorneys ad litem.
 1757         c.Assist with recruitment, training, and mentoring of
 1758  attorneys ad litem as needed.
 1759         9.7. In an effort to promote normalcy and establish trust
 1760  between a court-appointed volunteer guardian ad litem and a
 1761  child alleged to be abused, abandoned, or neglected under this
 1762  chapter, a guardian ad litem may transport a child. However, a
 1763  guardian ad litem volunteer may not be required by a guardian ad
 1764  litem circuit office or ordered by or directed by the program or
 1765  a court to transport a child.
 1766         10.8. The office shall submit to the Governor, the
 1767  President of the Senate, the Speaker of the House of
 1768  Representatives, and the Chief Justice of the Supreme Court an
 1769  interim report describing the progress of the office in meeting
 1770  the goals as described in this section. The office shall submit
 1771  to the Governor, the President of the Senate, the Speaker of the
 1772  House of Representatives, and the Chief Justice of the Supreme
 1773  Court a proposed plan including alternatives for meeting the
 1774  state’s guardian ad litem and attorney ad litem needs. This plan
 1775  may include recommendations for less than the entire state, may
 1776  include a phase-in system, and shall include estimates of the
 1777  cost of each of the alternatives. Each year the office shall
 1778  provide a status report and provide further recommendations to
 1779  address the need for guardian ad litem representation services
 1780  and related issues.
 1781         Section 34. Section 39.8297, Florida Statutes, is amended
 1782  to read:
 1783         39.8297 County funding for guardian ad litem employees.—
 1784         (1) A county and the executive director of the Statewide
 1785  Guardian ad Litem Office may enter into an agreement by which
 1786  the county agrees to provide funds to the local guardian ad
 1787  litem office in order to employ persons who will assist in the
 1788  operation of the guardian ad litem office program in the county.
 1789         (2) The agreement, at a minimum, must provide that:
 1790         (a) Funding for the persons who are employed will be
 1791  provided on at least a fiscal-year basis.
 1792         (b) The persons who are employed will be hired, supervised,
 1793  managed, and terminated by the executive director of the
 1794  Statewide Guardian ad Litem Office. The statewide office is
 1795  responsible for compliance with all requirements of federal and
 1796  state employment laws, and shall fully indemnify the county from
 1797  any liability under such laws, as authorized by s. 768.28(19),
 1798  to the extent such liability is the result of the acts or
 1799  omissions of the Statewide Guardian ad Litem Office or its
 1800  agents or employees.
 1801         (c) The county is the employer for purposes of s. 440.10
 1802  and chapter 443.
 1803         (d) Employees funded by the county under this section and
 1804  other county employees may be aggregated for purposes of a
 1805  flexible benefits plan pursuant to s. 125 of the Internal
 1806  Revenue Code of 1986.
 1807         (e) Persons employed under this section may be terminated
 1808  after a substantial breach of the agreement or because funding
 1809  to the guardian ad litem office program has expired.
 1810         (3) Persons employed under this section may not be counted
 1811  in a formula or similar process used by the Statewide Guardian
 1812  ad Litem Office to measure personnel needs of a judicial
 1813  circuit’s guardian ad litem office program.
 1814         (4) Agreements created pursuant to this section do not
 1815  obligate the state to allocate funds to a county to employ
 1816  persons in the guardian ad litem office program.
 1817         Section 35. Section 1009.898, Florida Statutes, is created
 1818  to read:
 1819         1009.898Pathway to Prosperity grants.—
 1820         (1)The Pathway to Prosperity program shall administer the
 1821  following grants to youth and young adults aging out of foster
 1822  care:
 1823         (a)Grants to provide financial literacy instruction using
 1824  a curriculum developed by the Department of Financial Services
 1825  in consultation with the Department of Education.
 1826         (b)Grants to provide CLT, SAT, or ACT preparation,
 1827  including one-on-one support and fee waivers for the
 1828  examinations.
 1829         (c)Grants to youth and young adults planning to pursue
 1830  trade careers or paid apprenticeships.
 1831         (2)If a youth who is aging out of foster care is reunited
 1832  with his or her parents, the grants remain available for the
 1833  youth for up to 1 year after reunification.
 1834         (3) The State Board of Education shall adopt rules to
 1835  administer this section.
 1836         Section 36. Subsection (1) of section 29.008, Florida
 1837  Statutes, is amended to read:
 1838         29.008 County funding of court-related functions.—
 1839         (1) Counties are required by s. 14, Art. V of the State
 1840  Constitution to fund the cost of communications services,
 1841  existing radio systems, existing multiagency criminal justice
 1842  information systems, and the cost of construction or lease,
 1843  maintenance, utilities, and security of facilities for the
 1844  circuit and county courts, public defenders’ offices, state
 1845  attorneys’ offices, guardian ad litem offices, and the offices
 1846  of the clerks of the circuit and county courts performing court
 1847  related functions. For purposes of this section, the term
 1848  “circuit and county courts” includes the offices and staffing of
 1849  the guardian ad litem offices programs, and the term “public
 1850  defenders’ offices” includes the offices of criminal conflict
 1851  and civil regional counsel. The county designated under s.
 1852  35.05(1) as the headquarters for each appellate district shall
 1853  fund these costs for the appellate division of the public
 1854  defender’s office in that county. For purposes of implementing
 1855  these requirements, the term:
 1856         (a) “Facility” means reasonable and necessary buildings and
 1857  office space and appurtenant equipment and furnishings,
 1858  structures, real estate, easements, and related interests in
 1859  real estate, including, but not limited to, those for the
 1860  purpose of housing legal materials for use by the general public
 1861  and personnel, equipment, or functions of the circuit or county
 1862  courts, public defenders’ offices, state attorneys’ offices, and
 1863  court-related functions of the office of the clerks of the
 1864  circuit and county courts and all storage. The term “facility”
 1865  includes all wiring necessary for court reporting services. The
 1866  term also includes access to parking for such facilities in
 1867  connection with such court-related functions that may be
 1868  available free or from a private provider or a local government
 1869  for a fee. The office space provided by a county may not be less
 1870  than the standards for space allotment adopted by the Department
 1871  of Management Services, except this requirement applies only to
 1872  facilities that are leased, or on which construction commences,
 1873  after June 30, 2003. County funding must include physical
 1874  modifications and improvements to all facilities as are required
 1875  for compliance with the Americans with Disabilities Act. Upon
 1876  mutual agreement of a county and the affected entity in this
 1877  paragraph, the office space provided by the county may vary from
 1878  the standards for space allotment adopted by the Department of
 1879  Management Services.
 1880         1. As of July 1, 2005, equipment and furnishings shall be
 1881  limited to that appropriate and customary for courtrooms,
 1882  hearing rooms, jury facilities, and other public areas in
 1883  courthouses and any other facility occupied by the courts, state
 1884  attorneys, public defenders, guardians ad litem, and criminal
 1885  conflict and civil regional counsel. Court reporting equipment
 1886  in these areas or facilities is not a responsibility of the
 1887  county.
 1888         2. Equipment and furnishings under this paragraph in
 1889  existence and owned by counties on July 1, 2005, except for that
 1890  in the possession of the clerks, for areas other than
 1891  courtrooms, hearing rooms, jury facilities, and other public
 1892  areas in courthouses and any other facility occupied by the
 1893  courts, state attorneys, and public defenders, shall be
 1894  transferred to the state at no charge. This provision does not
 1895  apply to any communications services as defined in paragraph
 1896  (f).
 1897         (b) “Construction or lease” includes, but is not limited
 1898  to, all reasonable and necessary costs of the acquisition or
 1899  lease of facilities for all judicial officers, staff, jurors,
 1900  volunteers of a tenant agency, and the public for the circuit
 1901  and county courts, the public defenders’ offices, state
 1902  attorneys’ offices, and for performing the court-related
 1903  functions of the offices of the clerks of the circuit and county
 1904  courts. This includes expenses related to financing such
 1905  facilities and the existing and future cost and bonded
 1906  indebtedness associated with placing the facilities in use.
 1907         (c) “Maintenance” includes, but is not limited to, all
 1908  reasonable and necessary costs of custodial and groundskeeping
 1909  services and renovation and reconstruction as needed to
 1910  accommodate functions for the circuit and county courts, the
 1911  public defenders’ offices, and state attorneys’ offices and for
 1912  performing the court-related functions of the offices of the
 1913  clerks of the circuit and county court and for maintaining the
 1914  facilities in a condition appropriate and safe for the use
 1915  intended.
 1916         (d) “Utilities” means all electricity services for light,
 1917  heat, and power; natural or manufactured gas services for light,
 1918  heat, and power; water and wastewater services and systems,
 1919  stormwater or runoff services and systems, sewer services and
 1920  systems, all costs or fees associated with these services and
 1921  systems, and any costs or fees associated with the mitigation of
 1922  environmental impacts directly related to the facility.
 1923         (e) “Security” includes but is not limited to, all
 1924  reasonable and necessary costs of services of law enforcement
 1925  officers or licensed security guards and all electronic,
 1926  cellular, or digital monitoring and screening devices necessary
 1927  to ensure the safety and security of all persons visiting or
 1928  working in a facility; to provide for security of the facility,
 1929  including protection of property owned by the county or the
 1930  state; and for security of prisoners brought to any facility.
 1931  This includes bailiffs while providing courtroom and other
 1932  security for each judge and other quasi-judicial officers.
 1933         (f) “Communications services” are defined as any reasonable
 1934  and necessary transmission, emission, and reception of signs,
 1935  signals, writings, images, and sounds of intelligence of any
 1936  nature by wire, radio, optical, audio equipment, or other
 1937  electromagnetic systems and includes all facilities and
 1938  equipment owned, leased, or used by judges, clerks, public
 1939  defenders, state attorneys, guardians ad litem, criminal
 1940  conflict and civil regional counsel, and all staff of the state
 1941  courts system, state attorneys’ offices, public defenders’
 1942  offices, and clerks of the circuit and county courts performing
 1943  court-related functions. Such system or services shall include,
 1944  but not be limited to:
 1945         1. Telephone system infrastructure, including computer
 1946  lines, telephone switching equipment, and maintenance, and
 1947  facsimile equipment, wireless communications, cellular
 1948  telephones, pagers, and video teleconferencing equipment and
 1949  line charges. Each county shall continue to provide access to a
 1950  local carrier for local and long distance service and shall pay
 1951  toll charges for local and long distance service.
 1952         2. All computer networks, systems and equipment, including
 1953  computer hardware and software, modems, printers, wiring,
 1954  network connections, maintenance, support staff or services
 1955  including any county-funded support staff located in the offices
 1956  of the circuit court, county courts, state attorneys, public
 1957  defenders, guardians ad litem, and criminal conflict and civil
 1958  regional counsel; training, supplies, and line charges necessary
 1959  for an integrated computer system to support the operations and
 1960  management of the state courts system, the offices of the public
 1961  defenders, the offices of the state attorneys, the guardian ad
 1962  litem offices, the offices of criminal conflict and civil
 1963  regional counsel, and the offices of the clerks of the circuit
 1964  and county courts; and the capability to connect those entities
 1965  and reporting data to the state as required for the transmission
 1966  of revenue, performance accountability, case management, data
 1967  collection, budgeting, and auditing purposes. The integrated
 1968  computer system shall be operational by July 1, 2006, and, at a
 1969  minimum, permit the exchange of financial, performance
 1970  accountability, case management, case disposition, and other
 1971  data across multiple state and county information systems
 1972  involving multiple users at both the state level and within each
 1973  judicial circuit and be able to electronically exchange judicial
 1974  case background data, sentencing scoresheets, and video evidence
 1975  information stored in integrated case management systems over
 1976  secure networks. Once the integrated system becomes operational,
 1977  counties may reject requests to purchase communications services
 1978  included in this subparagraph not in compliance with standards,
 1979  protocols, or processes adopted by the board established
 1980  pursuant to former s. 29.0086.
 1981         3. Courier messenger and subpoena services.
 1982         4. Auxiliary aids and services for qualified individuals
 1983  with a disability which are necessary to ensure access to the
 1984  courts. Such auxiliary aids and services include, but are not
 1985  limited to, sign language interpretation services required under
 1986  the federal Americans with Disabilities Act other than services
 1987  required to satisfy due-process requirements and identified as a
 1988  state funding responsibility pursuant to ss. 29.004-29.007,
 1989  real-time transcription services for individuals who are hearing
 1990  impaired, and assistive listening devices and the equipment
 1991  necessary to implement such accommodations.
 1992         (g) “Existing radio systems” includes, but is not limited
 1993  to, law enforcement radio systems that are used by the circuit
 1994  and county courts, the offices of the public defenders, the
 1995  offices of the state attorneys, and for court-related functions
 1996  of the offices of the clerks of the circuit and county courts.
 1997  This includes radio systems that were operational or under
 1998  contract at the time Revision No. 7, 1998, to Art. V of the
 1999  State Constitution was adopted and any enhancements made
 2000  thereafter, the maintenance of those systems, and the personnel
 2001  and supplies necessary for operation.
 2002         (h) “Existing multiagency criminal justice information
 2003  systems” includes, but is not limited to, those components of
 2004  the multiagency criminal justice information system as defined
 2005  in s. 943.045, supporting the offices of the circuit or county
 2006  courts, the public defenders’ offices, the state attorneys’
 2007  offices, or those portions of the offices of the clerks of the
 2008  circuit and county courts performing court-related functions
 2009  that are used to carry out the court-related activities of those
 2010  entities. This includes upgrades and maintenance of the current
 2011  equipment, maintenance and upgrades of supporting technology
 2012  infrastructure and associated staff, and services and expenses
 2013  to assure continued information sharing and reporting of
 2014  information to the state. The counties shall also provide
 2015  additional information technology services, hardware, and
 2016  software as needed for new judges and staff of the state courts
 2017  system, state attorneys’ offices, public defenders’ offices,
 2018  guardian ad litem offices, and the offices of the clerks of the
 2019  circuit and county courts performing court-related functions.
 2020         Section 37. Paragraph (a) of subsection (1) of section
 2021  39.6011, Florida Statutes, is amended to read:
 2022         39.6011 Case plan development.—
 2023         (1) The department shall prepare a draft of the case plan
 2024  for each child receiving services under this chapter. A parent
 2025  of a child may not be threatened or coerced with the loss of
 2026  custody or parental rights for failing to admit in the case plan
 2027  of abusing, neglecting, or abandoning a child. Participating in
 2028  the development of a case plan is not an admission to any
 2029  allegation of abuse, abandonment, or neglect, and it is not a
 2030  consent to a finding of dependency or termination of parental
 2031  rights. The case plan shall be developed subject to the
 2032  following requirements:
 2033         (a) The case plan must be developed in a face-to-face
 2034  conference with the parent of the child, the any court-appointed
 2035  guardian ad litem, and, if appropriate, the child and the
 2036  temporary custodian of the child.
 2037         Section 38. Subsection (8) of section 40.24, Florida
 2038  Statutes, is amended to read:
 2039         40.24 Compensation and reimbursement policy.—
 2040         (8) In circuits that elect to allow jurors to donate their
 2041  jury service fee upon conclusion of juror service, each juror
 2042  may irrevocably donate all of the juror’s compensation to the 26
 2043  U.S.C. s. 501(c)(3) organization specified by the Statewide
 2044  Guardian ad Litem Office program or to a domestic violence
 2045  shelter as specified annually on a rotating basis by the clerk
 2046  of court in the circuit for the juror’s county of residence. The
 2047  funds collected may not reduce or offset the amount of
 2048  compensation that the Statewide Guardian ad Litem Office program
 2049  or domestic violence shelter would otherwise receive from the
 2050  state. The clerk of court shall ensure that all jurors are given
 2051  written notice at the conclusion of their service that they have
 2052  the option to so donate their compensation, and that the
 2053  applicable program specified by the Statewide Guardian ad Litem
 2054  Office program or a domestic violence shelter receives all funds
 2055  donated by the jurors. Any circuit guardian ad litem office
 2056  program receiving donations of juror compensation must expend
 2057  such moneys on services for children for whom guardians ad litem
 2058  have been appointed.
 2059         Section 39. Subsections (5), (6), and (7) of section 43.16,
 2060  Florida Statutes, are amended to read:
 2061         43.16 Justice Administrative Commission; membership, powers
 2062  and duties.—
 2063         (5) The duties of the commission shall include, but not be
 2064  limited to, the following:
 2065         (a) The maintenance of a central state office for
 2066  administrative services and assistance when possible to and on
 2067  behalf of the state attorneys and public defenders of Florida,
 2068  the capital collateral regional counsel of Florida, the criminal
 2069  conflict and civil regional counsel, and the Statewide Guardian
 2070  Ad Litem Office Program.
 2071         (b) Each state attorney, public defender, and criminal
 2072  conflict and civil regional counsel and the Statewide Guardian
 2073  Ad Litem Office Program shall continue to prepare necessary
 2074  budgets, vouchers that represent valid claims for reimbursement
 2075  by the state for authorized expenses, and other things
 2076  incidental to the proper administrative operation of the office,
 2077  such as revenue transmittals to the Chief Financial Officer and
 2078  automated systems plans, but will forward such items to the
 2079  commission for recording and submission to the proper state
 2080  officer. However, when requested by a state attorney, a public
 2081  defender, a criminal conflict and civil regional counsel, or the
 2082  Statewide Guardian Ad Litem Office Program, the commission will
 2083  either assist in the preparation of budget requests, voucher
 2084  schedules, and other forms and reports or accomplish the entire
 2085  project involved.
 2086         (6) The commission, each state attorney, each public
 2087  defender, the criminal conflict and civil regional counsel, the
 2088  capital collateral regional counsel, and the Statewide Guardian
 2089  Ad Litem Office Program shall establish and maintain internal
 2090  controls designed to:
 2091         (a) Prevent and detect fraud, waste, and abuse as defined
 2092  in s. 11.45(1).
 2093         (b) Promote and encourage compliance with applicable laws,
 2094  rules, contracts, grant agreements, and best practices.
 2095         (c) Support economical and efficient operations.
 2096         (d) Ensure reliability of financial records and reports.
 2097         (e) Safeguard assets.
 2098         (7) The provisions contained in This section is shall be
 2099  supplemental to those of chapter 27, relating to state
 2100  attorneys, public defenders, criminal conflict and civil
 2101  regional counsel, and capital collateral regional counsel; to
 2102  those of chapter 39, relating to the Statewide Guardian Ad Litem
 2103  Office Program; or to other laws pertaining hereto.
 2104         Section 40. Paragraph (a) of subsection (1) and subsection
 2105  (4) of section 61.402, Florida Statutes, are amended to read:
 2106         61.402 Qualifications of guardians ad litem.—
 2107         (1) A person appointed as a guardian ad litem pursuant to
 2108  s. 61.401 must be:
 2109         (a) Certified by the Statewide Guardian Ad Litem Office
 2110  Program pursuant to s. 39.821;
 2111         (b) Certified by a not-for-profit legal aid organization as
 2112  defined in s. 68.096; or
 2113         (c) An attorney who is a member in good standing of The
 2114  Florida Bar.
 2115         (4) Nothing in this section requires the Statewide Guardian
 2116  Ad Litem Office Program or a not-for-profit legal aid
 2117  organization to train or certify guardians ad litem appointed
 2118  under this chapter.
 2119         Section 41. Paragraph (x) of subsection (2) of section
 2120  110.205, Florida Statutes, is amended to read:
 2121         110.205 Career service; exemptions.—
 2122         (2) EXEMPT POSITIONS.—The exempt positions that are not
 2123  covered by this part include the following:
 2124         (x) All officers and employees of the Justice
 2125  Administrative Commission, Office of the State Attorney, Office
 2126  of the Public Defender, regional offices of capital collateral
 2127  counsel, offices of criminal conflict and civil regional
 2128  counsel, and Statewide Guardian Ad Litem Office, including the
 2129  circuit guardian ad litem offices programs.
 2130         Section 42. Paragraph (b) of subsection (96) of section
 2131  320.08058, Florida Statutes, is amended to read:
 2132         320.08058 Specialty license plates.—
 2133         (96) GUARDIAN AD LITEM LICENSE PLATES.—
 2134         (b) The annual use fees from the sale of the plate shall be
 2135  distributed to the Florida Guardian Ad Litem Foundation, Inc., a
 2136  direct-support organization and a nonprofit corporation under s.
 2137  501(c)(3) of the Internal Revenue Code. Up to 10 percent of the
 2138  proceeds may be used for administrative costs and the marketing
 2139  of the plate. The remainder of the proceeds must be used in this
 2140  state to support the mission and efforts of the Statewide
 2141  Guardian Ad Litem Office Program to represent abused, abandoned,
 2142  and neglected children and advocate for their best interests;
 2143  recruit and retain volunteer child advocates; and meet the
 2144  unique needs of the dependent children the program serves.
 2145         Section 43. Paragraph (e) of subsection (3) of section
 2146  943.053, Florida Statutes, is amended to read:
 2147         943.053 Dissemination of criminal justice information;
 2148  fees.—
 2149         (3)
 2150         (e) The fee per record for criminal history information
 2151  provided pursuant to this subsection and s. 943.0542 is $24 per
 2152  name submitted, except that the fee for the Statewide Guardian
 2153  Ad Litem Office program and vendors of the Department of
 2154  Children and Families, the Department of Juvenile Justice, the
 2155  Agency for Persons with Disabilities, and the Department of
 2156  Elderly Affairs is $8 for each name submitted; the fee for a
 2157  state criminal history provided for application processing as
 2158  required by law to be performed by the Department of Agriculture
 2159  and Consumer Services is $15 for each name submitted; and the
 2160  fee for requests under s. 943.0542, which implements the
 2161  National Child Protection Act, is $18 for each volunteer name
 2162  submitted. An office of the public defender or an office of
 2163  criminal conflict and civil regional counsel may not be assessed
 2164  a fee for Florida criminal history information or wanted person
 2165  information.
 2166         Section 44. Subsection (2) of section 985.43, Florida
 2167  Statutes, is amended to read:
 2168         985.43 Predisposition reports; other evaluations.—
 2169         (2) The court shall consider the child’s entire assessment
 2170  and predisposition report and shall review the records of
 2171  earlier judicial proceedings before making a final disposition
 2172  of the case. If the child is under the jurisdiction of a
 2173  dependency court, the court may receive and consider any
 2174  information provided by the Statewide Guardian Ad Litem Office
 2175  Program and the child’s attorney ad litem, if one is appointed.
 2176  The court may, by order, require additional evaluations and
 2177  studies to be performed by the department; the county school
 2178  system; or any social, psychological, or psychiatric agency of
 2179  the state. The court shall order the educational needs
 2180  assessment completed under s. 985.18(2) to be included in the
 2181  assessment and predisposition report.
 2182         Section 45. Subsection (4) of section 985.441, Florida
 2183  Statutes, is amended to read:
 2184         985.441 Commitment.—
 2185         (4) The department may transfer a child, when necessary to
 2186  appropriately administer the child’s commitment, from one
 2187  facility or program to another facility or program operated,
 2188  contracted, subcontracted, or designated by the department,
 2189  including a postcommitment nonresidential conditional release
 2190  program, except that the department may not transfer any child
 2191  adjudicated solely for a misdemeanor to a residential program
 2192  except as provided in subsection (2). The department shall
 2193  notify the court that committed the child to the department and
 2194  any attorney of record for the child, in writing, of its intent
 2195  to transfer the child from a commitment facility or program to
 2196  another facility or program of a higher or lower restrictiveness
 2197  level. If the child is under the jurisdiction of a dependency
 2198  court, the department shall also provide notice to the
 2199  dependency court, and the Department of Children and Families,
 2200  and, if appointed, the Statewide Guardian Ad Litem Office,
 2201  Program and the child’s attorney ad litem, if one is appointed.
 2202  The court that committed the child may agree to the transfer or
 2203  may set a hearing to review the transfer. If the court does not
 2204  respond within 10 days after receipt of the notice, the transfer
 2205  of the child shall be deemed granted.
 2206         Section 46. Subsection (3) of section 985.455, Florida
 2207  Statutes, is amended to read:
 2208         985.455 Other dispositional issues.—
 2209         (3) Any commitment of a delinquent child to the department
 2210  must be for an indeterminate period of time, which may include
 2211  periods of temporary release; however, the period of time may
 2212  not exceed the maximum term of imprisonment that an adult may
 2213  serve for the same offense, except that the duration of a
 2214  minimum-risk nonresidential commitment for an offense that is a
 2215  misdemeanor of the second degree, or is equivalent to a
 2216  misdemeanor of the second degree, may be for a period not to
 2217  exceed 6 months. The duration of the child’s placement in a
 2218  commitment program of any restrictiveness level shall be based
 2219  on objective performance-based treatment planning. The child’s
 2220  treatment plan progress and adjustment-related issues shall be
 2221  reported to the court quarterly, unless the court requests
 2222  monthly reports. If the child is under the jurisdiction of a
 2223  dependency court, the court may receive and consider any
 2224  information provided by the Statewide Guardian Ad Litem Office
 2225  Program or the child’s attorney ad litem, if one is appointed.
 2226  The child’s length of stay in a commitment program may be
 2227  extended if the child fails to comply with or participate in
 2228  treatment activities. The child’s length of stay in the program
 2229  shall not be extended for purposes of sanction or punishment.
 2230  Any temporary release from such program must be approved by the
 2231  court. Any child so committed may be discharged from
 2232  institutional confinement or a program upon the direction of the
 2233  department with the concurrence of the court. The child’s
 2234  treatment plan progress and adjustment-related issues must be
 2235  communicated to the court at the time the department requests
 2236  the court to consider releasing the child from the commitment
 2237  program. The department shall give the court that committed the
 2238  child to the department reasonable notice, in writing, of its
 2239  desire to discharge the child from a commitment facility. The
 2240  court that committed the child may thereafter accept or reject
 2241  the request. If the court does not respond within 10 days after
 2242  receipt of the notice, the request of the department shall be
 2243  deemed granted. This section does not limit the department’s
 2244  authority to revoke a child’s temporary release status and
 2245  return the child to a commitment facility for any violation of
 2246  the terms and conditions of the temporary release.
 2247         Section 47. Paragraph (b) of subsection (4) of section
 2248  985.461, Florida Statutes, is amended to read:
 2249         985.461 Transition to adulthood.—
 2250         (4) As part of the child’s treatment plan, the department
 2251  may provide transition-to-adulthood services to children
 2252  released from residential commitment. To support participation
 2253  in transition-to-adulthood services and subject to
 2254  appropriation, the department may:
 2255         (b) Use community reentry teams to assist in the
 2256  development of a list of age-appropriate activities and
 2257  responsibilities to be incorporated in the child’s written case
 2258  plan for any youth who is under the custody or supervision of
 2259  the department. Community reentry teams may include
 2260  representatives from school districts, law enforcement,
 2261  workforce development services, community-based service
 2262  providers, the Statewide Guardian Ad Litem Office Program, and
 2263  the youth’s family. Such community reentry teams must be created
 2264  within existing resources provided to the department. Activities
 2265  may include, but are not limited to, life skills training,
 2266  including training to develop banking and budgeting skills,
 2267  interviewing and career planning skills, parenting skills,
 2268  personal health management, and time management or
 2269  organizational skills; educational support; employment training;
 2270  and counseling.
 2271         Section 48. Subsection (11) of section 985.48, Florida
 2272  Statutes, is amended to read:
 2273         985.48 Juvenile sexual offender commitment programs; sexual
 2274  abuse intervention networks.—
 2275         (11) Membership of a sexual abuse intervention network
 2276  shall include, but is not limited to, representatives from:
 2277         (a) Local law enforcement agencies;
 2278         (b) Local school boards;
 2279         (c) Child protective investigators;
 2280         (d) The office of the state attorney;
 2281         (e) The office of the public defender;
 2282         (f) The juvenile division of the circuit court;
 2283         (g) Professionals licensed under chapter 458, chapter 459,
 2284  s. 490.0145, or s. 491.0144 providing treatment for juvenile
 2285  sexual offenders or their victims;
 2286         (h) The Statewide Guardian Ad Litem Office program;
 2287         (i) The Department of Juvenile Justice; and
 2288         (j) The Department of Children and Families.
 2289         Section 49. Subsection (1) of section 39.302, Florida
 2290  Statutes, is amended to read:
 2291         39.302 Protective investigations of institutional child
 2292  abuse, abandonment, or neglect.—
 2293         (1) The department shall conduct a child protective
 2294  investigation of each report of institutional child abuse,
 2295  abandonment, or neglect. Upon receipt of a report that alleges
 2296  that an employee or agent of the department, or any other entity
 2297  or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54),
 2298  acting in an official capacity, has committed an act of child
 2299  abuse, abandonment, or neglect, the department shall initiate a
 2300  child protective investigation within the timeframe established
 2301  under s. 39.101(2) and notify the appropriate state attorney,
 2302  law enforcement agency, and licensing agency, which shall
 2303  immediately conduct a joint investigation, unless independent
 2304  investigations are more feasible. When conducting investigations
 2305  or having face-to-face interviews with the child, investigation
 2306  visits shall be unannounced unless it is determined by the
 2307  department or its agent that unannounced visits threaten the
 2308  safety of the child. If a facility is exempt from licensing, the
 2309  department shall inform the owner or operator of the facility of
 2310  the report. Each agency conducting a joint investigation is
 2311  entitled to full access to the information gathered by the
 2312  department in the course of the investigation. A protective
 2313  investigation must include an interview with the child’s parent
 2314  or legal guardian. The department shall make a full written
 2315  report to the state attorney within 3 business days after making
 2316  the oral report. A criminal investigation shall be coordinated,
 2317  whenever possible, with the child protective investigation of
 2318  the department. Any interested person who has information
 2319  regarding the offenses described in this subsection may forward
 2320  a statement to the state attorney as to whether prosecution is
 2321  warranted and appropriate. Within 15 days after the completion
 2322  of the investigation, the state attorney shall report the
 2323  findings to the department and shall include in the report a
 2324  determination of whether or not prosecution is justified and
 2325  appropriate in view of the circumstances of the specific case.
 2326         Section 50. Paragraph (c) of subsection (1) of section
 2327  39.521, Florida Statutes, is amended to read:
 2328         39.521 Disposition hearings; powers of disposition.—
 2329         (1) A disposition hearing shall be conducted by the court,
 2330  if the court finds that the facts alleged in the petition for
 2331  dependency were proven in the adjudicatory hearing, or if the
 2332  parents or legal custodians have consented to the finding of
 2333  dependency or admitted the allegations in the petition, have
 2334  failed to appear for the arraignment hearing after proper
 2335  notice, or have not been located despite a diligent search
 2336  having been conducted.
 2337         (c) When any child is adjudicated by a court to be
 2338  dependent, the court having jurisdiction of the child has the
 2339  power by order to:
 2340         1. Require the parent and, when appropriate, the legal
 2341  guardian or the child to participate in treatment and services
 2342  identified as necessary. The court may require the person who
 2343  has custody or who is requesting custody of the child to submit
 2344  to a mental health or substance abuse disorder assessment or
 2345  evaluation. The order may be made only upon good cause shown and
 2346  pursuant to notice and procedural requirements provided under
 2347  the Florida Rules of Juvenile Procedure. The mental health
 2348  assessment or evaluation must be administered by a qualified
 2349  professional as defined in s. 39.01, and the substance abuse
 2350  assessment or evaluation must be administered by a qualified
 2351  professional as defined in s. 397.311. The court may also
 2352  require such person to participate in and comply with treatment
 2353  and services identified as necessary, including, when
 2354  appropriate and available, participation in and compliance with
 2355  a mental health court program established under chapter 394 or a
 2356  treatment-based drug court program established under s. 397.334.
 2357  Adjudication of a child as dependent based upon evidence of harm
 2358  as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good
 2359  cause, and the court shall require the parent whose actions
 2360  caused the harm to submit to a substance abuse disorder
 2361  assessment or evaluation and to participate and comply with
 2362  treatment and services identified in the assessment or
 2363  evaluation as being necessary. In addition to supervision by the
 2364  department, the court, including the mental health court program
 2365  or the treatment-based drug court program, may oversee the
 2366  progress and compliance with treatment by a person who has
 2367  custody or is requesting custody of the child. The court may
 2368  impose appropriate available sanctions for noncompliance upon a
 2369  person who has custody or is requesting custody of the child or
 2370  make a finding of noncompliance for consideration in determining
 2371  whether an alternative placement of the child is in the child’s
 2372  best interests. Any order entered under this subparagraph may be
 2373  made only upon good cause shown. This subparagraph does not
 2374  authorize placement of a child with a person seeking custody of
 2375  the child, other than the child’s parent or legal custodian, who
 2376  requires mental health or substance abuse disorder treatment.
 2377         2. Require, if the court deems necessary, the parties to
 2378  participate in dependency mediation.
 2379         3. Require placement of the child either under the
 2380  protective supervision of an authorized agent of the department
 2381  in the home of one or both of the child’s parents or in the home
 2382  of a relative of the child or another adult approved by the
 2383  court, or in the custody of the department. Protective
 2384  supervision continues until the court terminates it or until the
 2385  child reaches the age of 18, whichever date is first. Protective
 2386  supervision shall be terminated by the court whenever the court
 2387  determines that permanency has been achieved for the child,
 2388  whether with a parent, another relative, or a legal custodian,
 2389  and that protective supervision is no longer needed. The
 2390  termination of supervision may be with or without retaining
 2391  jurisdiction, at the court’s discretion, and shall in either
 2392  case be considered a permanency option for the child. The order
 2393  terminating supervision by the department must set forth the
 2394  powers of the custodian of the child and include the powers
 2395  ordinarily granted to a guardian of the person of a minor unless
 2396  otherwise specified. Upon the court’s termination of supervision
 2397  by the department, further judicial reviews are not required if
 2398  permanency has been established for the child.
 2399         4. Determine whether the child has a strong attachment to
 2400  the prospective permanent guardian and whether such guardian has
 2401  a strong commitment to permanently caring for the child.
 2402         Section 51. Paragraph (c) of subsection (2) of section
 2403  61.13, Florida Statutes, is amended to read:
 2404         61.13 Support of children; parenting and time-sharing;
 2405  powers of court.—
 2406         (2)
 2407         (c) The court shall determine all matters relating to
 2408  parenting and time-sharing of each minor child of the parties in
 2409  accordance with the best interests of the child and in
 2410  accordance with the Uniform Child Custody Jurisdiction and
 2411  Enforcement Act, except that modification of a parenting plan
 2412  and time-sharing schedule requires a showing of a substantial
 2413  and material change of circumstances.
 2414         1. It is the public policy of this state that each minor
 2415  child has frequent and continuing contact with both parents
 2416  after the parents separate or the marriage of the parties is
 2417  dissolved and to encourage parents to share the rights and
 2418  responsibilities, and joys, of childrearing. Unless otherwise
 2419  provided in this section or agreed to by the parties, there is a
 2420  rebuttable presumption that equal time-sharing of a minor child
 2421  is in the best interests of the minor child. To rebut this
 2422  presumption, a party must prove by a preponderance of the
 2423  evidence that equal time-sharing is not in the best interests of
 2424  the minor child. Except when a time-sharing schedule is agreed
 2425  to by the parties and approved by the court, the court must
 2426  evaluate all of the factors set forth in subsection (3) and make
 2427  specific written findings of fact when creating or modifying a
 2428  time-sharing schedule.
 2429         2. The court shall order that the parental responsibility
 2430  for a minor child be shared by both parents unless the court
 2431  finds that shared parental responsibility would be detrimental
 2432  to the child. In determining detriment to the child, the court
 2433  shall consider:
 2434         a. Evidence of domestic violence, as defined in s. 741.28;
 2435         b. Whether either parent has or has had reasonable cause to
 2436  believe that he or she or his or her minor child or children are
 2437  or have been in imminent danger of becoming victims of an act of
 2438  domestic violence as defined in s. 741.28 or sexual violence as
 2439  defined in s. 784.046(1)(c) by the other parent against the
 2440  parent or against the child or children whom the parents share
 2441  in common regardless of whether a cause of action has been
 2442  brought or is currently pending in the court;
 2443         c. Whether either parent has or has had reasonable cause to
 2444  believe that his or her minor child or children are or have been
 2445  in imminent danger of becoming victims of an act of abuse as
 2446  defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
 2447  or neglect, as those terms are defined in s. 39.01, s. 39.01(50)
 2448  by the other parent against the child or children whom the
 2449  parents share in common regardless of whether a cause of action
 2450  has been brought or is currently pending in the court; and
 2451         d. Any other relevant factors.
 2452         3. The following evidence creates a rebuttable presumption
 2453  that shared parental responsibility is detrimental to the child:
 2454         a. A parent has been convicted of a misdemeanor of the
 2455  first degree or higher involving domestic violence, as defined
 2456  in s. 741.28 and chapter 775;
 2457         b. A parent meets the criteria of s. 39.806(1)(d); or
 2458         c. A parent has been convicted of or had adjudication
 2459  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
 2460  at the time of the offense:
 2461         (I) The parent was 18 years of age or older.
 2462         (II) The victim was under 18 years of age or the parent
 2463  believed the victim to be under 18 years of age.
 2464  
 2465  If the presumption is not rebutted after the convicted parent is
 2466  advised by the court that the presumption exists, shared
 2467  parental responsibility, including time-sharing with the child,
 2468  and decisions made regarding the child, may not be granted to
 2469  the convicted parent. However, the convicted parent is not
 2470  relieved of any obligation to provide financial support. If the
 2471  court determines that shared parental responsibility would be
 2472  detrimental to the child, it may order sole parental
 2473  responsibility and make such arrangements for time-sharing as
 2474  specified in the parenting plan as will best protect the child
 2475  or abused spouse from further harm. Whether or not there is a
 2476  conviction of any offense of domestic violence or child abuse or
 2477  the existence of an injunction for protection against domestic
 2478  violence, the court shall consider evidence of domestic violence
 2479  or child abuse as evidence of detriment to the child.
 2480         4. In ordering shared parental responsibility, the court
 2481  may consider the expressed desires of the parents and may grant
 2482  to one party the ultimate responsibility over specific aspects
 2483  of the child’s welfare or may divide those responsibilities
 2484  between the parties based on the best interests of the child.
 2485  Areas of responsibility may include education, health care, and
 2486  any other responsibilities that the court finds unique to a
 2487  particular family.
 2488         5. The court shall order sole parental responsibility for a
 2489  minor child to one parent, with or without time-sharing with the
 2490  other parent if it is in the best interests of the minor child.
 2491         6. There is a rebuttable presumption against granting time
 2492  sharing with a minor child if a parent has been convicted of or
 2493  had adjudication withheld for an offense enumerated in s.
 2494  943.0435(1)(h)1.a., and at the time of the offense:
 2495         a. The parent was 18 years of age or older.
 2496         b. The victim was under 18 years of age or the parent
 2497  believed the victim to be under 18 years of age.
 2498  
 2499  A parent may rebut the presumption upon a specific finding in
 2500  writing by the court that the parent poses no significant risk
 2501  of harm to the child and that time-sharing is in the best
 2502  interests of the minor child. If the presumption is rebutted,
 2503  the court must consider all time-sharing factors in subsection
 2504  (3) when developing a time-sharing schedule.
 2505         7. Access to records and information pertaining to a minor
 2506  child, including, but not limited to, medical, dental, and
 2507  school records, may not be denied to either parent. Full rights
 2508  under this subparagraph apply to either parent unless a court
 2509  order specifically revokes these rights, including any
 2510  restrictions on these rights as provided in a domestic violence
 2511  injunction. A parent having rights under this subparagraph has
 2512  the same rights upon request as to form, substance, and manner
 2513  of access as are available to the other parent of a child,
 2514  including, without limitation, the right to in-person
 2515  communication with medical, dental, and education providers.
 2516         Section 52. Paragraph (d) of subsection (4) of section
 2517  119.071, Florida Statutes, is amended to read:
 2518         119.071 General exemptions from inspection or copying of
 2519  public records.—
 2520         (4) AGENCY PERSONNEL INFORMATION.—
 2521         (d)1. For purposes of this paragraph, the term:
 2522         a. “Home addresses” means the dwelling location at which an
 2523  individual resides and includes the physical address, mailing
 2524  address, street address, parcel identification number, plot
 2525  identification number, legal property description, neighborhood
 2526  name and lot number, GPS coordinates, and any other descriptive
 2527  property information that may reveal the home address.
 2528         b. “Judicial assistant” means a court employee assigned to
 2529  the following class codes: 8140, 8150, 8310, and 8320.
 2530         c. “Telephone numbers” includes home telephone numbers,
 2531  personal cellular telephone numbers, personal pager telephone
 2532  numbers, and telephone numbers associated with personal
 2533  communications devices.
 2534         2.a. The home addresses, telephone numbers, dates of birth,
 2535  and photographs of active or former sworn law enforcement
 2536  personnel or of active or former civilian personnel employed by
 2537  a law enforcement agency, including correctional and
 2538  correctional probation officers, personnel of the Department of
 2539  Children and Families whose duties include the investigation of
 2540  abuse, neglect, exploitation, fraud, theft, or other criminal
 2541  activities, personnel of the Department of Health whose duties
 2542  are to support the investigation of child abuse or neglect, and
 2543  personnel of the Department of Revenue or local governments
 2544  whose responsibilities include revenue collection and
 2545  enforcement or child support enforcement; the names, home
 2546  addresses, telephone numbers, photographs, dates of birth, and
 2547  places of employment of the spouses and children of such
 2548  personnel; and the names and locations of schools and day care
 2549  facilities attended by the children of such personnel are exempt
 2550  from s. 119.07(1) and s. 24(a), Art. I of the State
 2551  Constitution.
 2552         b. The home addresses, telephone numbers, dates of birth,
 2553  and photographs of current or former nonsworn investigative
 2554  personnel of the Department of Financial Services whose duties
 2555  include the investigation of fraud, theft, workers’ compensation
 2556  coverage requirements and compliance, other related criminal
 2557  activities, or state regulatory requirement violations; the
 2558  names, home addresses, telephone numbers, dates of birth, and
 2559  places of employment of the spouses and children of such
 2560  personnel; and the names and locations of schools and day care
 2561  facilities attended by the children of such personnel are exempt
 2562  from s. 119.07(1) and s. 24(a), Art. I of the State
 2563  Constitution.
 2564         c. The home addresses, telephone numbers, dates of birth,
 2565  and photographs of current or former nonsworn investigative
 2566  personnel of the Office of Financial Regulation’s Bureau of
 2567  Financial Investigations whose duties include the investigation
 2568  of fraud, theft, other related criminal activities, or state
 2569  regulatory requirement violations; the names, home addresses,
 2570  telephone numbers, dates of birth, and places of employment of
 2571  the spouses and children of such personnel; and the names and
 2572  locations of schools and day care facilities attended by the
 2573  children of such personnel are exempt from s. 119.07(1) and s.
 2574  24(a), Art. I of the State Constitution.
 2575         d. The home addresses, telephone numbers, dates of birth,
 2576  and photographs of current or former firefighters certified in
 2577  compliance with s. 633.408; the names, home addresses, telephone
 2578  numbers, photographs, dates of birth, and places of employment
 2579  of the spouses and children of such firefighters; and the names
 2580  and locations of schools and day care facilities attended by the
 2581  children of such firefighters are exempt from s. 119.07(1) and
 2582  s. 24(a), Art. I of the State Constitution.
 2583         e. The home addresses, dates of birth, and telephone
 2584  numbers of current or former justices of the Supreme Court,
 2585  district court of appeal judges, circuit court judges, and
 2586  county court judges, and of current judicial assistants; the
 2587  names, home addresses, telephone numbers, dates of birth, and
 2588  places of employment of the spouses and children of current or
 2589  former justices and judges and of current judicial assistants;
 2590  and the names and locations of schools and day care facilities
 2591  attended by the children of current or former justices and
 2592  judges and of current judicial assistants are exempt from s.
 2593  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 2594  sub-subparagraph is subject to the Open Government Sunset Review
 2595  Act in accordance with s. 119.15 and shall stand repealed on
 2596  October 2, 2028, unless reviewed and saved from repeal through
 2597  reenactment by the Legislature.
 2598         f. The home addresses, telephone numbers, dates of birth,
 2599  and photographs of current or former state attorneys, assistant
 2600  state attorneys, statewide prosecutors, or assistant statewide
 2601  prosecutors; the names, home addresses, telephone numbers,
 2602  photographs, dates of birth, and places of employment of the
 2603  spouses and children of current or former state attorneys,
 2604  assistant state attorneys, statewide prosecutors, or assistant
 2605  statewide prosecutors; and the names and locations of schools
 2606  and day care facilities attended by the children of current or
 2607  former state attorneys, assistant state attorneys, statewide
 2608  prosecutors, or assistant statewide prosecutors are exempt from
 2609  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2610         g. The home addresses, dates of birth, and telephone
 2611  numbers of general magistrates, special magistrates, judges of
 2612  compensation claims, administrative law judges of the Division
 2613  of Administrative Hearings, and child support enforcement
 2614  hearing officers; the names, home addresses, telephone numbers,
 2615  dates of birth, and places of employment of the spouses and
 2616  children of general magistrates, special magistrates, judges of
 2617  compensation claims, administrative law judges of the Division
 2618  of Administrative Hearings, and child support enforcement
 2619  hearing officers; and the names and locations of schools and day
 2620  care facilities attended by the children of general magistrates,
 2621  special magistrates, judges of compensation claims,
 2622  administrative law judges of the Division of Administrative
 2623  Hearings, and child support enforcement hearing officers are
 2624  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2625  Constitution.
 2626         h. The home addresses, telephone numbers, dates of birth,
 2627  and photographs of current or former human resource, labor
 2628  relations, or employee relations directors, assistant directors,
 2629  managers, or assistant managers of any local government agency
 2630  or water management district whose duties include hiring and
 2631  firing employees, labor contract negotiation, administration, or
 2632  other personnel-related duties; the names, home addresses,
 2633  telephone numbers, dates of birth, and places of employment of
 2634  the spouses and children of such personnel; and the names and
 2635  locations of schools and day care facilities attended by the
 2636  children of such personnel are exempt from s. 119.07(1) and s.
 2637  24(a), Art. I of the State Constitution.
 2638         i. The home addresses, telephone numbers, dates of birth,
 2639  and photographs of current or former code enforcement officers;
 2640  the names, home addresses, telephone numbers, dates of birth,
 2641  and places of employment of the spouses and children of such
 2642  personnel; and the names and locations of schools and day care
 2643  facilities attended by the children of such personnel are exempt
 2644  from s. 119.07(1) and s. 24(a), Art. I of the State
 2645  Constitution.
 2646         j. The home addresses, telephone numbers, places of
 2647  employment, dates of birth, and photographs of current or former
 2648  guardians ad litem, as defined in s. 39.01 s. 39.820; the names,
 2649  home addresses, telephone numbers, dates of birth, and places of
 2650  employment of the spouses and children of such persons; and the
 2651  names and locations of schools and day care facilities attended
 2652  by the children of such persons are exempt from s. 119.07(1) and
 2653  s. 24(a), Art. I of the State Constitution.
 2654         k. The home addresses, telephone numbers, dates of birth,
 2655  and photographs of current or former juvenile probation
 2656  officers, juvenile probation supervisors, detention
 2657  superintendents, assistant detention superintendents, juvenile
 2658  justice detention officers I and II, juvenile justice detention
 2659  officer supervisors, juvenile justice residential officers,
 2660  juvenile justice residential officer supervisors I and II,
 2661  juvenile justice counselors, juvenile justice counselor
 2662  supervisors, human services counselor administrators, senior
 2663  human services counselor administrators, rehabilitation
 2664  therapists, and social services counselors of the Department of
 2665  Juvenile Justice; the names, home addresses, telephone numbers,
 2666  dates of birth, and places of employment of spouses and children
 2667  of such personnel; and the names and locations of schools and
 2668  day care facilities attended by the children of such personnel
 2669  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2670  Constitution.
 2671         l. The home addresses, telephone numbers, dates of birth,
 2672  and photographs of current or former public defenders, assistant
 2673  public defenders, criminal conflict and civil regional counsel,
 2674  and assistant criminal conflict and civil regional counsel; the
 2675  names, home addresses, telephone numbers, dates of birth, and
 2676  places of employment of the spouses and children of current or
 2677  former public defenders, assistant public defenders, criminal
 2678  conflict and civil regional counsel, and assistant criminal
 2679  conflict and civil regional counsel; and the names and locations
 2680  of schools and day care facilities attended by the children of
 2681  current or former public defenders, assistant public defenders,
 2682  criminal conflict and civil regional counsel, and assistant
 2683  criminal conflict and civil regional counsel are exempt from s.
 2684  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2685         m. The home addresses, telephone numbers, dates of birth,
 2686  and photographs of current or former investigators or inspectors
 2687  of the Department of Business and Professional Regulation; the
 2688  names, home addresses, telephone numbers, dates of birth, and
 2689  places of employment of the spouses and children of such current
 2690  or former investigators and inspectors; and the names and
 2691  locations of schools and day care facilities attended by the
 2692  children of such current or former investigators and inspectors
 2693  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2694  Constitution.
 2695         n. The home addresses, telephone numbers, and dates of
 2696  birth of county tax collectors; the names, home addresses,
 2697  telephone numbers, dates of birth, and places of employment of
 2698  the spouses and children of such tax collectors; and the names
 2699  and locations of schools and day care facilities attended by the
 2700  children of such tax collectors are exempt from s. 119.07(1) and
 2701  s. 24(a), Art. I of the State Constitution.
 2702         o. The home addresses, telephone numbers, dates of birth,
 2703  and photographs of current or former personnel of the Department
 2704  of Health whose duties include, or result in, the determination
 2705  or adjudication of eligibility for social security disability
 2706  benefits, the investigation or prosecution of complaints filed
 2707  against health care practitioners, or the inspection of health
 2708  care practitioners or health care facilities licensed by the
 2709  Department of Health; the names, home addresses, telephone
 2710  numbers, dates of birth, and places of employment of the spouses
 2711  and children of such personnel; and the names and locations of
 2712  schools and day care facilities attended by the children of such
 2713  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2714  the State Constitution.
 2715         p. The home addresses, telephone numbers, dates of birth,
 2716  and photographs of current or former impaired practitioner
 2717  consultants who are retained by an agency or current or former
 2718  employees of an impaired practitioner consultant whose duties
 2719  result in a determination of a person’s skill and safety to
 2720  practice a licensed profession; the names, home addresses,
 2721  telephone numbers, dates of birth, and places of employment of
 2722  the spouses and children of such consultants or their employees;
 2723  and the names and locations of schools and day care facilities
 2724  attended by the children of such consultants or employees are
 2725  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2726  Constitution.
 2727         q. The home addresses, telephone numbers, dates of birth,
 2728  and photographs of current or former emergency medical
 2729  technicians or paramedics certified under chapter 401; the
 2730  names, home addresses, telephone numbers, dates of birth, and
 2731  places of employment of the spouses and children of such
 2732  emergency medical technicians or paramedics; and the names and
 2733  locations of schools and day care facilities attended by the
 2734  children of such emergency medical technicians or paramedics are
 2735  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2736  Constitution.
 2737         r. The home addresses, telephone numbers, dates of birth,
 2738  and photographs of current or former personnel employed in an
 2739  agency’s office of inspector general or internal audit
 2740  department whose duties include auditing or investigating waste,
 2741  fraud, abuse, theft, exploitation, or other activities that
 2742  could lead to criminal prosecution or administrative discipline;
 2743  the names, home addresses, telephone numbers, dates of birth,
 2744  and places of employment of spouses and children of such
 2745  personnel; and the names and locations of schools and day care
 2746  facilities attended by the children of such personnel are exempt
 2747  from s. 119.07(1) and s. 24(a), Art. I of the State
 2748  Constitution.
 2749         s. The home addresses, telephone numbers, dates of birth,
 2750  and photographs of current or former directors, managers,
 2751  supervisors, nurses, and clinical employees of an addiction
 2752  treatment facility; the home addresses, telephone numbers,
 2753  photographs, dates of birth, and places of employment of the
 2754  spouses and children of such personnel; and the names and
 2755  locations of schools and day care facilities attended by the
 2756  children of such personnel are exempt from s. 119.07(1) and s.
 2757  24(a), Art. I of the State Constitution. For purposes of this
 2758  sub-subparagraph, the term “addiction treatment facility” means
 2759  a county government, or agency thereof, that is licensed
 2760  pursuant to s. 397.401 and provides substance abuse prevention,
 2761  intervention, or clinical treatment, including any licensed
 2762  service component described in s. 397.311(26).
 2763         t. The home addresses, telephone numbers, dates of birth,
 2764  and photographs of current or former directors, managers,
 2765  supervisors, and clinical employees of a child advocacy center
 2766  that meets the standards of s. 39.3035(2) and fulfills the
 2767  screening requirement of s. 39.3035(3), and the members of a
 2768  Child Protection Team as described in s. 39.303 whose duties
 2769  include supporting the investigation of child abuse or sexual
 2770  abuse, child abandonment, child neglect, and child exploitation
 2771  or to provide services as part of a multidisciplinary case
 2772  review team; the names, home addresses, telephone numbers,
 2773  photographs, dates of birth, and places of employment of the
 2774  spouses and children of such personnel and members; and the
 2775  names and locations of schools and day care facilities attended
 2776  by the children of such personnel and members are exempt from s.
 2777  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2778         u. The home addresses, telephone numbers, places of
 2779  employment, dates of birth, and photographs of current or former
 2780  staff and domestic violence advocates, as defined in s.
 2781  90.5036(1)(b), of domestic violence centers certified by the
 2782  Department of Children and Families under chapter 39; the names,
 2783  home addresses, telephone numbers, places of employment, dates
 2784  of birth, and photographs of the spouses and children of such
 2785  personnel; and the names and locations of schools and day care
 2786  facilities attended by the children of such personnel are exempt
 2787  from s. 119.07(1) and s. 24(a), Art. I of the State
 2788  Constitution.
 2789         v. The home addresses, telephone numbers, dates of birth,
 2790  and photographs of current or former inspectors or investigators
 2791  of the Department of Agriculture and Consumer Services; the
 2792  names, home addresses, telephone numbers, dates of birth, and
 2793  places of employment of the spouses and children of current or
 2794  former inspectors or investigators; and the names and locations
 2795  of schools and day care facilities attended by the children of
 2796  current or former inspectors or investigators are exempt from s.
 2797  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 2798  sub-subparagraph is subject to the Open Government Sunset Review
 2799  Act in accordance with s. 119.15 and shall stand repealed on
 2800  October 2, 2028, unless reviewed and saved from repeal through
 2801  reenactment by the Legislature.
 2802         3. An agency that is the custodian of the information
 2803  specified in subparagraph 2. and that is not the employer of the
 2804  officer, employee, justice, judge, or other person specified in
 2805  subparagraph 2. must maintain the exempt status of that
 2806  information only if the officer, employee, justice, judge, other
 2807  person, or employing agency of the designated employee submits a
 2808  written and notarized request for maintenance of the exemption
 2809  to the custodial agency. The request must state under oath the
 2810  statutory basis for the individual’s exemption request and
 2811  confirm the individual’s status as a party eligible for exempt
 2812  status.
 2813         4.a. A county property appraiser, as defined in s.
 2814  192.001(3), or a county tax collector, as defined in s.
 2815  192.001(4), who receives a written and notarized request for
 2816  maintenance of the exemption pursuant to subparagraph 3. must
 2817  comply by removing the name of the individual with exempt status
 2818  and the instrument number or Official Records book and page
 2819  number identifying the property with the exempt status from all
 2820  publicly available records maintained by the property appraiser
 2821  or tax collector. For written requests received on or before
 2822  July 1, 2021, a county property appraiser or county tax
 2823  collector must comply with this sub-subparagraph by October 1,
 2824  2021. A county property appraiser or county tax collector may
 2825  not remove the street address, legal description, or other
 2826  information identifying real property within the agency’s
 2827  records so long as a name or personal information otherwise
 2828  exempt from inspection and copying pursuant to this section is
 2829  not associated with the property or otherwise displayed in the
 2830  public records of the agency.
 2831         b. Any information restricted from public display,
 2832  inspection, or copying under sub-subparagraph a. must be
 2833  provided to the individual whose information was removed.
 2834         5. An officer, an employee, a justice, a judge, or other
 2835  person specified in subparagraph 2. may submit a written request
 2836  for the release of his or her exempt information to the
 2837  custodial agency. The written request must be notarized and must
 2838  specify the information to be released and the party authorized
 2839  to receive the information. Upon receipt of the written request,
 2840  the custodial agency must release the specified information to
 2841  the party authorized to receive such information.
 2842         6. The exemptions in this paragraph apply to information
 2843  held by an agency before, on, or after the effective date of the
 2844  exemption.
 2845         7. Information made exempt under this paragraph may be
 2846  disclosed pursuant to s. 28.2221 to a title insurer authorized
 2847  pursuant to s. 624.401 and its affiliates as defined in s.
 2848  624.10; a title insurance agent or title insurance agency as
 2849  defined in s. 626.841(1) or (2), respectively; or an attorney
 2850  duly admitted to practice law in this state and in good standing
 2851  with The Florida Bar.
 2852         8. The exempt status of a home address contained in the
 2853  Official Records is maintained only during the period when a
 2854  protected party resides at the dwelling location. Upon
 2855  conveyance of real property after October 1, 2021, and when such
 2856  real property no longer constitutes a protected party’s home
 2857  address as defined in sub-subparagraph 1.a., the protected party
 2858  must submit a written request to release the removed information
 2859  to the county recorder. The written request to release the
 2860  removed information must be notarized, must confirm that a
 2861  protected party’s request for release is pursuant to a
 2862  conveyance of his or her dwelling location, and must specify the
 2863  Official Records book and page, instrument number, or clerk’s
 2864  file number for each document containing the information to be
 2865  released.
 2866         9. Upon the death of a protected party as verified by a
 2867  certified copy of a death certificate or court order, any party
 2868  can request the county recorder to release a protected
 2869  decedent’s removed information unless there is a related request
 2870  on file with the county recorder for continued removal of the
 2871  decedent’s information or unless such removal is otherwise
 2872  prohibited by statute or by court order. The written request to
 2873  release the removed information upon the death of a protected
 2874  party must attach the certified copy of a death certificate or
 2875  court order and must be notarized, must confirm the request for
 2876  release is due to the death of a protected party, and must
 2877  specify the Official Records book and page number, instrument
 2878  number, or clerk’s file number for each document containing the
 2879  information to be released. A fee may not be charged for the
 2880  release of any document pursuant to such request.
 2881         10. Except as otherwise expressly provided in this
 2882  paragraph, this paragraph is subject to the Open Government
 2883  Sunset Review Act in accordance with s. 119.15 and shall stand
 2884  repealed on October 2, 2024, unless reviewed and saved from
 2885  repeal through reenactment by the Legislature.
 2886         Section 53. Subsection (4) of section 322.09, Florida
 2887  Statutes, is amended to read:
 2888         322.09 Application of minors; responsibility for negligence
 2889  or misconduct of minor.—
 2890         (4) Notwithstanding subsections (1) and (2), if a caregiver
 2891  of a minor who is under the age of 18 years and is in out-of
 2892  home care as defined in s. 39.01 s. 39.01(55), an authorized
 2893  representative of a residential group home at which such a minor
 2894  resides, the caseworker at the agency at which the state has
 2895  placed the minor, or a guardian ad litem specifically authorized
 2896  by the minor’s caregiver to sign for a learner’s driver license
 2897  signs the minor’s application for a learner’s driver license,
 2898  that caregiver, group home representative, caseworker, or
 2899  guardian ad litem does not assume any obligation or become
 2900  liable for any damages caused by the negligence or willful
 2901  misconduct of the minor by reason of having signed the
 2902  application. Before signing the application, the caseworker,
 2903  authorized group home representative, or guardian ad litem shall
 2904  notify the caregiver or other responsible party of his or her
 2905  intent to sign and verify the application.
 2906         Section 54. Paragraph (p) of subsection (4) of section
 2907  394.495, Florida Statutes, is amended to read:
 2908         394.495 Child and adolescent mental health system of care;
 2909  programs and services.—
 2910         (4) The array of services may include, but is not limited
 2911  to:
 2912         (p) Trauma-informed services for children who have suffered
 2913  sexual exploitation as defined in s. 39.01(80)(g) s.
 2914  39.01(77)(g).
 2915         Section 55. Section 627.746, Florida Statutes, is amended
 2916  to read:
 2917         627.746 Coverage for minors who have a learner’s driver
 2918  license; additional premium prohibited.—An insurer that issues
 2919  an insurance policy on a private passenger motor vehicle to a
 2920  named insured who is a caregiver of a minor who is under the age
 2921  of 18 years and is in out-of-home care as defined in s. 39.01 s.
 2922  39.01(55) may not charge an additional premium for coverage of
 2923  the minor while the minor is operating the insured vehicle, for
 2924  the period of time that the minor has a learner’s driver
 2925  license, until such time as the minor obtains a driver license.
 2926         Section 56. Paragraph (c) of subsection (1) of section
 2927  934.255, Florida Statutes, is amended to read:
 2928         934.255 Subpoenas in investigations of sexual offenses.—
 2929         (1) As used in this section, the term:
 2930         (c) “Sexual abuse of a child” means a criminal offense
 2931  based on any conduct described in s. 39.01(80) s. 39.01(77).
 2932         Section 57. Subsection (5) of section 960.065, Florida
 2933  Statutes, is amended to read:
 2934         960.065 Eligibility for awards.—
 2935         (5) A person is not ineligible for an award pursuant to
 2936  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2937  person is a victim of sexual exploitation of a child as defined
 2938  in s. 39.01(80)(g) s. 39.01(77)(g).
 2939         Section 58. The Division of Law Revision is requested to
 2940  prepare a reviser’s bill for the 2025 Regular Session of the
 2941  Legislature to substitute the term “Statewide Guardian ad Litem
 2942  Office” for the term “Guardian ad Litem Program” or “Statewide
 2943  Guardian ad Litem Program” throughout the Florida Statutes.
 2944         Section 59. This act shall take effect July 1, 2024.