Florida Senate - 2024               CS for CS for CS for SB 1224
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Criminal and Civil Justice; the Committee on Children,
       Families, and Elder Affairs; and Senator Burton
       
       
       
       594-03651-24                                          20241224c3
    1                        A bill to be entitled                      
    2         An act relating to dependent children; amending s.
    3         39.001, F.S.; revising the purposes of ch. 39, F.S.;
    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; amending s. 414.56, F.S.;
  102         revising the duties of the Office of Continuing Care;
  103         creating s. 1009.898, F.S.; authorizing, subject to
  104         appropriation, the Fostering Prosperity program to
  105         provide certain grants to youth and young adults who
  106         are aging out of foster care; requiring that such
  107         grants remain available for a certain period of time
  108         after reunification of a young adult with his or her
  109         parent; requiring the State Board of Education to
  110         adopt certain rules; amending ss. 29.008, 39.6011,
  111         40.24, 43.16, 61.402, 110.205, 320.08058, 943.053,
  112         985.43, 985.441, 985.455, 985.461, and 985.48, F.S.;
  113         conforming provisions to changes made by the act;
  114         amending ss. 39.302, 39.521, 61.13, 119.071, 322.09,
  115         394.495, 627.746, 934.255, and 960.065, F.S.;
  116         conforming cross-references; providing a directive to
  117         the Division of Law Revision; providing an effective
  118         date.
  119          
  120  Be It Enacted by the Legislature of the State of Florida:
  121  
  122         Section 1. Paragraph (j) of subsection (1), paragraph (j)
  123  of subsection (3), and paragraph (a) of subsection (10) of
  124  section 39.001, Florida Statutes, are amended to read:
  125         39.001 Purposes and intent; personnel standards and
  126  screening.—
  127         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  128         (j) To ensure that, when reunification or adoption is not
  129  possible, the child will be prepared for alternative permanency
  130  goals or placements, to include, but not be limited to, long
  131  term foster care, independent living, custody to a relative on a
  132  permanent basis with or without legal guardianship, or custody
  133  to a foster parent or legal custodian on a permanent basis with
  134  or without legal guardianship. Permanency for a child who is
  135  transitioning from foster care to independent living includes
  136  naturally occurring, lifelong, kin-like connections between the
  137  child and a supportive adult.
  138         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  139  the Legislature that the children of this state be provided with
  140  the following protections:
  141         (j) The ability to contact their guardian ad litem or
  142  attorney ad litem, if one is appointed, by having that
  143  individual’s name entered on all orders of the court.
  144         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  145         (a) The office shall develop a state plan for the promotion
  146  of adoption, support of adoptive families, and prevention of
  147  abuse, abandonment, and neglect of children. The Department of
  148  Children and Families, the Department of Corrections, the
  149  Department of Education, the Department of Health, the
  150  Department of Juvenile Justice, the Department of Law
  151  Enforcement, the Statewide Guardian ad Litem Office, and the
  152  Agency for Persons with Disabilities shall participate and fully
  153  cooperate in the development of the state plan at both the state
  154  and local levels. Furthermore, appropriate local agencies and
  155  organizations shall be provided an opportunity to participate in
  156  the development of the state plan at the local level.
  157  Appropriate local groups and organizations shall include, but
  158  not be limited to, community mental health centers; circuit
  159  guardian ad litem offices programs for children under the
  160  circuit court; the school boards of the local school districts;
  161  the Florida local advocacy councils; community-based care lead
  162  agencies; private or public organizations or programs with
  163  recognized expertise in working with child abuse prevention
  164  programs for children and families; private or public
  165  organizations or programs with recognized expertise in working
  166  with children who are sexually abused, physically abused,
  167  emotionally abused, abandoned, or neglected and with expertise
  168  in working with the families of such children; private or public
  169  programs or organizations with expertise in maternal and infant
  170  health care; multidisciplinary Child Protection Teams; child day
  171  care centers; law enforcement agencies; and the circuit courts,
  172  when guardian ad litem programs are not available in the local
  173  area. The state plan to be provided to the Legislature and the
  174  Governor shall include, as a minimum, the information required
  175  of the various groups in paragraph (b).
  176         Section 2. Subsection (2) of section 39.00145, Florida
  177  Statutes, is amended to read:
  178         39.00145 Records concerning children.—
  179         (2) Notwithstanding any other provision of this chapter,
  180  all records in a child’s case record must be made available for
  181  inspection, upon request, to the child who is the subject of the
  182  case record and to the child’s caregiver, guardian ad litem, or
  183  attorney ad litem, if one is appointed.
  184         (a) A complete and accurate copy of any record in a child’s
  185  case record must be provided, upon request and at no cost, to
  186  the child who is the subject of the case record and to the
  187  child’s caregiver, guardian ad litem, or attorney ad litem, if
  188  one is appointed.
  189         (b) The department shall release the information in a
  190  manner and setting that are appropriate to the age and maturity
  191  of the child and the nature of the information being released,
  192  which may include the release of information in a therapeutic
  193  setting, if appropriate. This paragraph does not deny the child
  194  access to his or her records.
  195         (c) If a child or the child’s caregiver, guardian ad litem,
  196  or attorney ad litem, if one is appointed, requests access to
  197  the child’s case record, any person or entity that fails to
  198  provide any record in the case record under assertion of a claim
  199  of exemption from the public records requirements of chapter
  200  119, or fails to provide access within a reasonable time, is
  201  subject to sanctions and penalties under s. 119.10.
  202         (d) For the purposes of this subsection, the term
  203  “caregiver” is limited to parents, legal custodians, permanent
  204  guardians, or foster parents; employees of a residential home,
  205  institution, facility, or agency at which the child resides; and
  206  other individuals legally responsible for a child’s welfare in a
  207  residential setting.
  208         Section 3. Paragraph (a) of subsection (2) of section
  209  39.00146, Florida Statutes, is amended to read:
  210         39.00146 Case record face sheet.—
  211         (2) The case record of every child under the supervision or
  212  in the custody of the department or the department’s authorized
  213  agents, including community-based care lead agencies and their
  214  subcontracted providers, must include a face sheet containing
  215  relevant information about the child and his or her case,
  216  including at least all of the following:
  217         (a) General case information, including, but not limited
  218  to, all of the following:
  219         1. The child’s name and date of birth.;
  220         2. The current county of residence and the county of
  221  residence at the time of the referral.;
  222         3. The reason for the referral and any family safety
  223  concerns.;
  224         4. The personal identifying information of the parents or
  225  legal custodians who had custody of the child at the time of the
  226  referral, including name, date of birth, and county of
  227  residence.;
  228         5. The date of removal from the home.; and
  229         6. The name and contact information of the attorney or
  230  attorneys assigned to the case in all capacities, including the
  231  attorney or attorneys that represent the department and the
  232  parents, and the guardian ad litem, if one has been appointed.
  233         Section 4. Paragraph (b) of subsection (2) and paragraph
  234  (b) of subsection (3) of section 39.0016, Florida Statutes, are
  235  amended to read:
  236         39.0016 Education of abused, neglected, and abandoned
  237  children; agency agreements; children having or suspected of
  238  having a disability.—
  239         (2) AGENCY AGREEMENTS.—
  240         (b) The department shall enter into agreements with
  241  district school boards or other local educational entities
  242  regarding education and related services for children known to
  243  the department who are of school age and children known to the
  244  department who are younger than school age but who would
  245  otherwise qualify for services from the district school board.
  246  Such agreements must shall include, but are not limited to:
  247         1. A requirement that the department shall:
  248         a. Ensure that children known to the department are
  249  enrolled in school or in the best educational setting that meets
  250  the needs of the child. The agreement must shall provide for
  251  continuing the enrollment of a child known to the department at
  252  the school of origin when possible if it is in the best interest
  253  of the child, with the goal of minimal disruption of education.
  254         b. Notify the school and school district in which a child
  255  known to the department is enrolled of the name and phone number
  256  of the child known to the department caregiver and caseworker
  257  for child safety purposes.
  258         c. Establish a protocol for the department to share
  259  information about a child known to the department with the
  260  school district, consistent with the Family Educational Rights
  261  and Privacy Act, since the sharing of information will assist
  262  each agency in obtaining education and related services for the
  263  benefit of the child. The protocol must require the district
  264  school boards or other local educational entities to access the
  265  department’s Florida Safe Families Network to obtain information
  266  about children known to the department, consistent with the
  267  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  268  1232g.
  269         d. Notify the school district of the department’s case
  270  planning for a child known to the department, both at the time
  271  of plan development and plan review. Within the plan development
  272  or review process, the school district may provide information
  273  regarding the child known to the department if the school
  274  district deems it desirable and appropriate.
  275         e. Show no prejudice against a caregiver who desires to
  276  educate at home a child placed in his or her home through the
  277  child welfare system.
  278         2. A requirement that the district school board shall:
  279         a. Provide the department with a general listing of the
  280  services and information available from the district school
  281  board to facilitate educational access for a child known to the
  282  department.
  283         b. Identify all educational and other services provided by
  284  the school and school district which the school district
  285  believes are reasonably necessary to meet the educational needs
  286  of a child known to the department.
  287         c. Determine whether transportation is available for a
  288  child known to the department when such transportation will
  289  avoid a change in school assignment due to a change in
  290  residential placement. Recognizing that continued enrollment in
  291  the same school throughout the time the child known to the
  292  department is in out-of-home care is preferable unless
  293  enrollment in the same school would be unsafe or otherwise
  294  impractical, the department, the district school board, and the
  295  Department of Education shall assess the availability of
  296  federal, charitable, or grant funding for such transportation.
  297         d. Provide individualized student intervention or an
  298  individual educational plan when a determination has been made
  299  through legally appropriate criteria that intervention services
  300  are required. The intervention or individual educational plan
  301  must include strategies to enable the child known to the
  302  department to maximize the attainment of educational goals.
  303         3. A requirement that the department and the district
  304  school board shall cooperate in accessing the services and
  305  supports needed for a child known to the department who has or
  306  is suspected of having a disability to receive an appropriate
  307  education consistent with the Individuals with Disabilities
  308  Education Act and state implementing laws, rules, and
  309  assurances. Coordination of services for a child known to the
  310  department who has or is suspected of having a disability may
  311  include:
  312         a. Referral for screening.
  313         b. Sharing of evaluations between the school district and
  314  the department where appropriate.
  315         c. Provision of education and related services appropriate
  316  for the needs and abilities of the child known to the
  317  department.
  318         d. Coordination of services and plans between the school
  319  and the residential setting to avoid duplication or conflicting
  320  service plans.
  321         e. Appointment of a surrogate parent, consistent with the
  322  Individuals with Disabilities Education Act and pursuant to
  323  subsection (3), for educational purposes for a child known to
  324  the department who qualifies.
  325         f. For each child known to the department 14 years of age
  326  and older, transition planning by the department and all
  327  providers, including the department’s independent living program
  328  staff and the guardian ad litem of the child, to meet the
  329  requirements of the local school district for educational
  330  purposes.
  331         (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  332         (b)1. Each district school superintendent or dependency
  333  court must appoint a surrogate parent for a child known to the
  334  department who has or is suspected of having a disability, as
  335  defined in s. 1003.01(9), when:
  336         a. After reasonable efforts, no parent can be located; or
  337         b. A court of competent jurisdiction over a child under
  338  this chapter has determined that no person has the authority
  339  under the Individuals with Disabilities Education Act, including
  340  the parent or parents subject to the dependency action, or that
  341  no person has the authority, willingness, or ability to serve as
  342  the educational decisionmaker for the child without judicial
  343  action.
  344         2. A surrogate parent appointed by the district school
  345  superintendent or the court must be at least 18 years old and
  346  have no personal or professional interest that conflicts with
  347  the interests of the student to be represented. Neither the
  348  district school superintendent nor the court may appoint an
  349  employee of the Department of Education, the local school
  350  district, a community-based care provider, the Department of
  351  Children and Families, or any other public or private agency
  352  involved in the education or care of the child as appointment of
  353  those persons is prohibited by federal law. This prohibition
  354  includes group home staff and therapeutic foster parents.
  355  However, a person who acts in a parental role to a child, such
  356  as a foster parent or relative caregiver, is not prohibited from
  357  serving as a surrogate parent if he or she is employed by such
  358  agency, willing to serve, and knowledgeable about the child and
  359  the exceptional student education process. The surrogate parent
  360  may be a court-appointed guardian ad litem or a relative or
  361  nonrelative adult who is involved in the child’s life regardless
  362  of whether that person has physical custody of the child. Each
  363  person appointed as a surrogate parent must have the knowledge
  364  and skills acquired by successfully completing training using
  365  materials developed and approved by the Department of Education
  366  to ensure adequate representation of the child.
  367         3. If a guardian ad litem has been appointed for a child,
  368  The district school superintendent must first consider the
  369  child’s guardian ad litem when appointing a surrogate parent.
  370  The district school superintendent must accept the appointment
  371  of the court if he or she has not previously appointed a
  372  surrogate parent. Similarly, the court must accept a surrogate
  373  parent duly appointed by a district school superintendent.
  374         4. A surrogate parent appointed by the district school
  375  superintendent or the court must be accepted by any subsequent
  376  school or school district without regard to where the child is
  377  receiving residential care so that a single surrogate parent can
  378  follow the education of the child during his or her entire time
  379  in state custody. Nothing in this paragraph or in rule shall
  380  limit or prohibit the continuance of a surrogate parent
  381  appointment when the responsibility for the student’s
  382  educational placement moves among and between public and private
  383  agencies.
  384         5. For a child known to the department, the responsibility
  385  to appoint a surrogate parent resides with both the district
  386  school superintendent and the court with jurisdiction over the
  387  child. If the court elects to appoint a surrogate parent, notice
  388  shall be provided as soon as practicable to the child’s school.
  389  At any time the court determines that it is in the best
  390  interests of a child to remove a surrogate parent, the court may
  391  appoint a new surrogate parent for educational decisionmaking
  392  purposes for that child.
  393         6. The surrogate parent shall continue in the appointed
  394  role until one of the following occurs:
  395         a. The child is determined to no longer be eligible or in
  396  need of special programs, except when termination of special
  397  programs is being contested.
  398         b. The child achieves permanency through adoption or legal
  399  guardianship and is no longer in the custody of the department.
  400         c. The parent who was previously unknown becomes known,
  401  whose whereabouts were unknown is located, or who was
  402  unavailable is determined by the court to be available.
  403         d. The appointed surrogate no longer wishes to represent
  404  the child or is unable to represent the child.
  405         e. The superintendent of the school district in which the
  406  child is attending school, the Department of Education contract
  407  designee, or the court that appointed the surrogate determines
  408  that the appointed surrogate parent no longer adequately
  409  represents the child.
  410         f. The child moves to a geographic location that is not
  411  reasonably accessible to the appointed surrogate.
  412         7. The appointment and termination of appointment of a
  413  surrogate under this paragraph shall be entered as an order of
  414  the court with a copy of the order provided to the child’s
  415  school as soon as practicable.
  416         8. The person appointed as a surrogate parent under this
  417  paragraph must:
  418         a. Be acquainted with the child and become knowledgeable
  419  about his or her disability and educational needs.
  420         b. Represent the child in all matters relating to
  421  identification, evaluation, and educational placement and the
  422  provision of a free and appropriate education to the child.
  423         c. Represent the interests and safeguard the rights of the
  424  child in educational decisions that affect the child.
  425         9. The responsibilities of the person appointed as a
  426  surrogate parent shall not extend to the care, maintenance,
  427  custody, residential placement, or any other area not
  428  specifically related to the education of the child, unless the
  429  same person is appointed by the court for such other purposes.
  430         10. A person appointed as a surrogate parent shall enjoy
  431  all of the procedural safeguards afforded a parent with respect
  432  to the identification, evaluation, and educational placement of
  433  a student with a disability or a student who is suspected of
  434  having a disability.
  435         11. A person appointed as a surrogate parent shall not be
  436  held liable for actions taken in good faith on behalf of the
  437  student in protecting the special education rights of the child.
  438         Section 5. Present subsections (8) through (30) and (31)
  439  through (87) of section 39.01, Florida Statutes, are
  440  redesignated as subsections (9) through (31) and (34) through
  441  (90), respectively, present subsections (9), (36), and (58) are
  442  amended, and new subsections (8), (32), and (33) are added to
  443  that section, to read:
  444         39.01 Definitions.—When used in this chapter, unless the
  445  context otherwise requires:
  446         (8)“Attorney ad litem” means an attorney appointed by the
  447  court to represent a child in a dependency case who has an
  448  attorney-client relationship with the child under the rules
  449  regulating The Florida Bar.
  450         (10)(9) “Caregiver” means the parent, legal custodian,
  451  permanent guardian, adult household member, or other person
  452  responsible for a child’s welfare as defined in subsection (57)
  453  (54).
  454         (32)“Guardian ad litem” means a person or an entity that
  455  is a fiduciary appointed by the court to represent a child in
  456  any civil, criminal, or administrative proceeding to which the
  457  child is a party, including, but not limited to, under this
  458  chapter, which uses a best interest standard for decisionmaking
  459  and advocacy. For purposes of this chapter, the term includes,
  460  but is not limited to, the Statewide Guardian ad Litem Office,
  461  which includes all circuit guardian ad litem offices and the
  462  duly certified volunteers, staff, and attorneys assigned by the
  463  Statewide Guardian ad Litem Office to represent children; a
  464  court-appointed attorney; or a responsible adult who is
  465  appointed by the court. A guardian ad litem is a party to the
  466  judicial proceeding as a representative of the child and serves
  467  until the jurisdiction of the court over the child terminates or
  468  until excused by the court.
  469         (33)“Guardian advocate” means a person appointed by the
  470  court to act on behalf of a drug-dependent newborn under part XI
  471  of this chapter.
  472         (39)(36) “Institutional child abuse or neglect” means
  473  situations of known or suspected child abuse or neglect in which
  474  the person allegedly perpetrating the child abuse or neglect is
  475  an employee of a public or private school, public or private day
  476  care center, residential home, institution, facility, or agency
  477  or any other person at such institution responsible for the
  478  child’s welfare as defined in subsection (57) (54).
  479         (61)(58) “Party” means the parent or parents of the child,
  480  the petitioner, the department, the guardian ad litem or the
  481  representative of the guardian ad litem program when the program
  482  has been appointed, and the child. The presence of the child may
  483  be excused by order of the court when presence would not be in
  484  the child’s best interest. Notice to the child may be excused by
  485  order of the court when the age, capacity, or other condition of
  486  the child is such that the notice would be meaningless or
  487  detrimental to the child.
  488         Section 6. Subsection (11) of section 39.013, Florida
  489  Statutes, is amended to read:
  490         39.013 Procedures and jurisdiction; right to counsel;
  491  guardian ad litem.—
  492         (11) The court shall appoint a guardian ad litem at the
  493  earliest possible time to represent a child throughout the
  494  proceedings, including any appeals. The guardian ad litem may
  495  represent the child in proceedings outside of the dependency
  496  case to secure the services and benefits that provide for the
  497  care, safety, and protection of the child encourage the
  498  Statewide Guardian Ad Litem Office to provide greater
  499  representation to those children who are within 1 year of
  500  transferring out of foster care.
  501         Section 7. Paragraph (b) of subsection (1) of section
  502  39.01305, Florida Statutes, is amended to read:
  503         39.01305 Appointment of an attorney for a dependent child
  504  with certain special needs.—
  505         (1)
  506         (b) The Legislature recognizes the existence of
  507  organizations that provide attorney representation to children
  508  in certain jurisdictions throughout the state. Further, the
  509  Statewide Guardian ad Litem Office Program provides best
  510  interest representation for dependent children in every
  511  jurisdiction in accordance with state and federal law. The
  512  Legislature, therefore, does not intend that funding provided
  513  for representation under this section supplant proven and
  514  existing organizations representing children. Instead, the
  515  Legislature intends that funding provided for representation
  516  under this section be an additional resource for the
  517  representation of more children in these jurisdictions, to the
  518  extent necessary to meet the requirements of this chapter, with
  519  the cooperation of existing local organizations or through the
  520  expansion of those organizations. The Legislature encourages the
  521  expansion of pro bono representation for children. This section
  522  is not intended to limit the ability of a pro bono attorney to
  523  appear on behalf of a child.
  524         Section 8. Subsection (3) of section 39.0132, Florida
  525  Statutes, is amended to read:
  526         39.0132 Oaths, records, and confidential information.—
  527         (3) The clerk shall keep all court records required by this
  528  chapter separate from other records of the circuit court. All
  529  court records required by this chapter may shall not be open to
  530  inspection by the public. All records may shall be inspected
  531  only upon order of the court by persons deemed by the court to
  532  have a proper interest therein, except that, subject to the
  533  provisions of s. 63.162, a child, and the parents of the child
  534  and their attorneys, the guardian ad litem, criminal conflict
  535  and civil regional counsels, law enforcement agencies, and the
  536  department and its designees, and the attorney ad litem, if one
  537  is appointed, shall always have the right to inspect and copy
  538  any official record pertaining to the child. The Justice
  539  Administrative Commission may inspect court dockets required by
  540  this chapter as necessary to audit compensation of court
  541  appointed attorneys. If the docket is insufficient for purposes
  542  of the audit, the commission may petition the court for
  543  additional documentation as necessary and appropriate. The court
  544  may permit authorized representatives of recognized
  545  organizations compiling statistics for proper purposes to
  546  inspect and make abstracts from official records, under whatever
  547  conditions upon their use and disposition the court may deem
  548  proper, and may punish by contempt proceedings any violation of
  549  those conditions.
  550         Section 9. Paragraph (a) of subsection (3) of section
  551  39.0136, Florida Statutes, is amended to read:
  552         39.0136 Time limitations; continuances.—
  553         (3) The time limitations in this chapter do not include:
  554         (a) Periods of delay resulting from a continuance granted
  555  at the request of the child’s counsel, or the child’s guardian
  556  ad litem, or attorney ad litem, if one is appointed, if the
  557  child is of sufficient capacity to express reasonable consent,
  558  at the request or with the consent of the child. The court must
  559  consider the best interests of the child when determining
  560  periods of delay under this section.
  561         Section 10. Subsection (7) of section 39.01375, Florida
  562  Statutes, is amended to read:
  563         39.01375 Best interest determination for placement.—The
  564  department, community-based care lead agency, or court shall
  565  consider all of the following factors when determining whether a
  566  proposed placement under this chapter is in the child’s best
  567  interest:
  568         (7) The recommendation of the child’s guardian ad litem, if
  569  one has been appointed.
  570         Section 11. Paragraphs (a) and (b) of subsection (4) of
  571  section 39.0139, Florida Statutes, are amended to read:
  572         39.0139 Visitation or other contact; restrictions.—
  573         (4) HEARINGS.—A person who meets any of the criteria set
  574  forth in paragraph (3)(a) who seeks to begin or resume contact
  575  with the child victim shall have the right to an evidentiary
  576  hearing to determine whether contact is appropriate.
  577         (a) Before Prior to the hearing, the court shall appoint an
  578  attorney ad litem or a guardian ad litem for the child if one
  579  has not already been appointed. The guardian ad litem and Any
  580  attorney ad litem, if one is or guardian ad litem appointed,
  581  must shall have special training in the dynamics of child sexual
  582  abuse.
  583         (b) At the hearing, the court may receive and rely upon any
  584  relevant and material evidence submitted to the extent of its
  585  probative value, including written and oral reports or
  586  recommendations from the Child Protection Team, the child’s
  587  therapist, the child’s guardian ad litem, or the child’s
  588  attorney ad litem, if one is appointed, even if these reports,
  589  recommendations, and evidence may not be admissible under the
  590  rules of evidence.
  591         Section 12. Paragraphs (d) and (t) of subsection (2) of
  592  section 39.202, Florida Statutes, are amended to read:
  593         39.202 Confidentiality of reports and records in cases of
  594  child abuse or neglect; exception.—
  595         (2) Except as provided in subsection (4), access to such
  596  records, excluding the name of, or other identifying information
  597  with respect to, the reporter which may only shall be released
  598  only as provided in subsection (5), may only shall be granted
  599  only to the following persons, officials, and agencies:
  600         (d) The parent or legal custodian of any child who is
  601  alleged to have been abused, abandoned, or neglected; the child;
  602  the child’s guardian ad litem; the child’s attorney ad litem, if
  603  one is appointed; or, and the child, and their attorneys,
  604  including any attorney representing a child in civil or criminal
  605  proceedings. This access must shall be made available no later
  606  than 60 days after the department receives the initial report of
  607  abuse, neglect, or abandonment. However, any information
  608  otherwise made confidential or exempt by law may shall not be
  609  released pursuant to this paragraph.
  610         (t) Persons with whom the department is seeking to place
  611  the child or to whom placement has been granted, including
  612  foster parents for whom an approved home study has been
  613  conducted, the designee of a licensed child-caring agency as
  614  defined in s. 39.01 s. 39.01(41), an approved relative or
  615  nonrelative with whom a child is placed pursuant to s. 39.402,
  616  preadoptive parents for whom a favorable preliminary adoptive
  617  home study has been conducted, adoptive parents, or an adoption
  618  entity acting on behalf of preadoptive or adoptive parents.
  619         Section 13. Paragraph (c) of subsection (8), paragraphs (b)
  620  and (c) of subsection (11), and paragraph (a) of subsection (14)
  621  of section 39.402, Florida Statutes, are amended to read:
  622         39.402 Placement in a shelter.—
  623         (8)
  624         (c) At the shelter hearing, the court shall:
  625         1. Appoint a guardian ad litem to represent the best
  626  interest of the child, unless the court finds that such
  627  representation is unnecessary;
  628         2. Inform the parents or legal custodians of their right to
  629  counsel to represent them at the shelter hearing and at each
  630  subsequent hearing or proceeding, and the right of the parents
  631  to appointed counsel, pursuant to the procedures set forth in s.
  632  39.013;
  633         3. Give the parents or legal custodians an opportunity to
  634  be heard and to present evidence; and
  635         4. Inquire of those present at the shelter hearing as to
  636  the identity and location of the legal father. In determining
  637  who the legal father of the child may be, the court shall
  638  inquire under oath of those present at the shelter hearing
  639  whether they have any of the following information:
  640         a. Whether the mother of the child was married at the
  641  probable time of conception of the child or at the time of birth
  642  of the child.
  643         b. Whether the mother was cohabiting with a male at the
  644  probable time of conception of the child.
  645         c. Whether the mother has received payments or promises of
  646  support with respect to the child or because of her pregnancy
  647  from a man who claims to be the father.
  648         d. Whether the mother has named any man as the father on
  649  the birth certificate of the child or in connection with
  650  applying for or receiving public assistance.
  651         e. Whether any man has acknowledged or claimed paternity of
  652  the child in a jurisdiction in which the mother resided at the
  653  time of or since conception of the child or in which the child
  654  has resided or resides.
  655         f. Whether a man is named on the birth certificate of the
  656  child pursuant to s. 382.013(2).
  657         g. Whether a man has been determined by a court order to be
  658  the father of the child.
  659         h. Whether a man has been determined to be the father of
  660  the child by the Department of Revenue as provided in s.
  661  409.256.
  662         (11)
  663         (b) The court shall request that the parents consent to
  664  provide access to the child’s medical records and provide
  665  information to the court, the department or its contract
  666  agencies, and the any guardian ad litem or attorney ad litem, if
  667  one is appointed, for the child. If a parent is unavailable or
  668  unable to consent or withholds consent and the court determines
  669  access to the records and information is necessary to provide
  670  services to the child, the court shall issue an order granting
  671  access. The court may also order the parents to provide all
  672  known medical information to the department and to any others
  673  granted access under this subsection.
  674         (c) The court shall request that the parents consent to
  675  provide access to the child’s child care records, early
  676  education program records, or other educational records and
  677  provide information to the court, the department or its contract
  678  agencies, and the any guardian ad litem or attorney ad litem, if
  679  one is appointed, for the child. If a parent is unavailable or
  680  unable to consent or withholds consent and the court determines
  681  access to the records and information is necessary to provide
  682  services to the child, the court shall issue an order granting
  683  access.
  684         (14) The time limitations in this section do not include:
  685         (a) Periods of delay resulting from a continuance granted
  686  at the request or with the consent of the child’s counsel or the
  687  child’s guardian ad litem or attorney ad litem, if one is has
  688  been appointed by the court, or, if the child is of sufficient
  689  capacity to express reasonable consent, at the request or with
  690  the consent of the child’s attorney or the child’s guardian ad
  691  litem, if one has been appointed by the court, and the child.
  692         Section 14. Paragraphs (a) and (b) of subsection (4) of
  693  section 39.4022, Florida Statutes, are amended to read:
  694         39.4022 Multidisciplinary teams; staffings; assessments;
  695  report.—
  696         (4) PARTICIPANTS.—
  697         (a) Collaboration among diverse individuals who are part of
  698  the child’s network is necessary to make the most informed
  699  decisions possible for the child. A diverse team is preferable
  700  to ensure that the necessary combination of technical skills,
  701  cultural knowledge, community resources, and personal
  702  relationships is developed and maintained for the child and
  703  family. The participants necessary to achieve an appropriately
  704  diverse team for a child may vary by child and may include
  705  extended family, friends, neighbors, coaches, clergy, coworkers,
  706  or others the family identifies as potential sources of support.
  707         1. Each multidisciplinary team staffing must invite the
  708  following members:
  709         a. The child, unless he or she is not of an age or capacity
  710  to participate in the team, and the child’s guardian ad litem;
  711         b. The child’s family members and other individuals
  712  identified by the family as being important to the child,
  713  provided that a parent who has a no contact order or injunction,
  714  is alleged to have sexually abused the child, or is subject to a
  715  termination of parental rights may not participate;
  716         c. The current caregiver, provided the caregiver is not a
  717  parent who meets the criteria of one of the exceptions under
  718  sub-subparagraph b.;
  719         d. A representative from the department other than the
  720  Children’s Legal Services attorney, when the department is
  721  directly involved in the goal identified by the staffing;
  722         e. A representative from the community-based care lead
  723  agency, when the lead agency is directly involved in the goal
  724  identified by the staffing;
  725         f. The case manager for the child, or his or her case
  726  manager supervisor; and
  727         g. A representative from the Department of Juvenile
  728  Justice, if the child is dually involved with both the
  729  department and the Department of Juvenile Justice.
  730         2. The multidisciplinary team must make reasonable efforts
  731  to have all mandatory invitees attend. However, the
  732  multidisciplinary team staffing may not be delayed if the
  733  invitees in subparagraph 1. fail to attend after being provided
  734  reasonable opportunities.
  735         (b) Based on the particular goal the multidisciplinary team
  736  staffing identifies as the purpose of convening the staffing as
  737  provided under subsection (5), the department or lead agency may
  738  also invite to the meeting other professionals, including, but
  739  not limited to:
  740         1. A representative from Children’s Medical Services;
  741         2. A guardian ad litem, if one is appointed;
  742         3. A school personnel representative who has direct contact
  743  with the child;
  744         3.4. A therapist or other behavioral health professional,
  745  if applicable;
  746         4.5. A mental health professional with expertise in sibling
  747  bonding, if the department or lead agency deems such expert is
  748  necessary; or
  749         5.6. Other community providers of services to the child or
  750  stakeholders, when applicable.
  751         Section 15. Paragraph (d) of subsection (3) and paragraph
  752  (c) of subsection (4) of section 39.4023, Florida Statutes, are
  753  amended to read:
  754         39.4023 Placement and education transitions; transition
  755  plans.—
  756         (3) PLACEMENT TRANSITIONS.—
  757         (d) Transition planning.—
  758         1. If the supportive services provided pursuant to
  759  paragraph (c) have not been successful to make the maintenance
  760  of the placement suitable or if there are other circumstances
  761  that require the child to be moved, the department or the
  762  community-based care lead agency must convene a
  763  multidisciplinary team staffing as required under s. 39.4022
  764  before the child’s placement is changed, or within 72 hours of
  765  moving the child in an emergency situation, for the purpose of
  766  developing an appropriate transition plan.
  767         2. A placement change may occur immediately in an emergency
  768  situation without convening a multidisciplinary team staffing.
  769  However, a multidisciplinary team staffing must be held within
  770  72 hours after the emergency situation arises.
  771         3. The department or the community-based care lead agency
  772  must provide written notice of the planned move at least 14 days
  773  before the move or within 72 hours after an emergency situation,
  774  to the greatest extent possible and consistent with the child’s
  775  needs and preferences. The notice must include the reason a
  776  placement change is necessary. A copy of the notice must be
  777  filed with the court and be provided to all of the following:
  778         a. The child, unless he or she, due to age or capacity, is
  779  unable to comprehend the written notice, which will necessitate
  780  the department or lead agency to provide notice in an age
  781  appropriate and capacity-appropriate alternative manner.;
  782         b. The child’s parents, unless prohibited by court order.;
  783         c. The child’s out-of-home caregiver.;
  784         d. The guardian ad litem., if one is appointed;
  785         e. The attorney ad litem for the child, if one is
  786  appointed.; and
  787         f. The attorney for the department.
  788         4. The transition plan must be developed through
  789  cooperation among the persons included in subparagraph 3., and
  790  such persons must share any relevant information necessary for
  791  its development. Subject to the child’s needs and preferences,
  792  the transition plan must meet the requirements of s.
  793  409.1415(2)(b)8. and exclude any placement changes that occur
  794  between 7 p.m. and 8 a.m.
  795         5. The department or the community-based care lead agency
  796  shall file the transition plan with the court within 48 hours
  797  after the creation of such plan and provide a copy of the plan
  798  to the persons included in subparagraph 3.
  799         (4) EDUCATION TRANSITIONS.—
  800         (c) Minimizing school changes.—
  801         1. Every effort must be made to keep a child in the school
  802  of origin if it is in the child’s best interest. Any placement
  803  decision must include thoughtful consideration of which school a
  804  child will attend if a school change is necessary.
  805         2. Members of a multidisciplinary team staffing convened
  806  for a purpose other than a school change must determine the
  807  child’s best interest regarding remaining in the school or
  808  program of origin if the child’s educational options are
  809  affected by any other decision being made by the
  810  multidisciplinary team.
  811         3. The determination of whether it is in the child’s best
  812  interest to remain in the school of origin, and if not, of which
  813  school the child will attend in the future, must be made in
  814  consultation with the following individuals, including, but not
  815  limited to, the child; the parents; the caregiver; the child
  816  welfare professional; the guardian ad litem, if appointed; the
  817  educational surrogate, if appointed; child care and educational
  818  staff, including teachers and guidance counselors; and the
  819  school district representative or foster care liaison. A
  820  multidisciplinary team member may contact any of these
  821  individuals in advance of a multidisciplinary team staffing to
  822  obtain his or her recommendation. An individual may remotely
  823  attend the multidisciplinary team staffing if one of the
  824  identified goals is related to determining an educational
  825  placement. The multidisciplinary team may rely on a report from
  826  the child’s current school or program district and, if
  827  applicable, any other school district being considered for the
  828  educational placement if the required school personnel are not
  829  available to attend the multidisciplinary team staffing in
  830  person or remotely.
  831         4. The multidisciplinary team and the individuals listed in
  832  subparagraph 3. must consider, at a minimum, all of the
  833  following factors when determining whether remaining in the
  834  school or program of origin is in the child’s best interest or,
  835  if not, when selecting a new school or program:
  836         a. The child’s desire to remain in the school or program of
  837  origin.
  838         b. The preference of the child’s parents or legal
  839  guardians.
  840         c. Whether the child has siblings, close friends, or
  841  mentors at the school or program of origin.
  842         d. The child’s cultural and community connections in the
  843  school or program of origin.
  844         e. Whether the child is suspected of having a disability
  845  under the Individuals with Disabilities Education Act (IDEA) or
  846  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
  847  interventions under this state’s multitiered system of supports.
  848         f. Whether the child has an evaluation pending for special
  849  education and related services under IDEA or s. 504 of the
  850  Rehabilitation Act of 1973.
  851         g. Whether the child is a student with a disability under
  852  IDEA who is receiving special education and related services or
  853  a student with a disability under s. 504 of the Rehabilitation
  854  Act of 1973 who is receiving accommodations and services and, if
  855  so, whether those required services are available in a school or
  856  program other than the school or program of origin.
  857         h. Whether the child is an English Language Learner student
  858  and is receiving language services and, if so, whether those
  859  required services are available in a school or program other
  860  than the school or program of origin.
  861         i. The impact a change to the school or program of origin
  862  would have on academic credits and progress toward promotion.
  863         j. The availability of extracurricular activities important
  864  to the child.
  865         k. The child’s known individualized educational plan or
  866  other medical and behavioral health needs and whether such plan
  867  or needs are able to be met at a school or program other than
  868  the school or program of origin.
  869         l. The child’s permanency goal and timeframe for achieving
  870  permanency.
  871         m. The child’s history of school transfers and how such
  872  transfers have impacted the child academically, emotionally, and
  873  behaviorally.
  874         n. The length of the commute to the school or program from
  875  the child’s home or placement and how such commute would impact
  876  the child.
  877         o. The length of time the child has attended the school or
  878  program of origin.
  879         5. The cost of transportation cannot be a factor in making
  880  a best interest determination.
  881         Section 16. Paragraph (f) of subsection (3) of section
  882  39.407, Florida Statutes, is amended to read:
  883         39.407 Medical, psychiatric, and psychological examination
  884  and treatment of child; physical, mental, or substance abuse
  885  examination of person with or requesting child custody.—
  886         (3)
  887         (f)1. The department shall fully inform the court of the
  888  child’s medical and behavioral status as part of the social
  889  services report prepared for each judicial review hearing held
  890  for a child for whom psychotropic medication has been prescribed
  891  or provided under this subsection. As a part of the information
  892  provided to the court, the department shall furnish copies of
  893  all pertinent medical records concerning the child which have
  894  been generated since the previous hearing. On its own motion or
  895  on good cause shown by any party, including the any guardian ad
  896  litem, attorney, or attorney ad litem, if one is who has been
  897  appointed to represent the child or the child’s interests, the
  898  court may review the status more frequently than required in
  899  this subsection.
  900         2. The court may, in the best interests of the child, order
  901  the department to obtain a medical opinion addressing whether
  902  the continued use of the medication under the circumstances is
  903  safe and medically appropriate.
  904         Section 17. Paragraphs (m), (t), and (u) of subsection (1)
  905  of section 39.4085, Florida Statutes, are amended to read:
  906         39.4085 Goals for dependent children; responsibilities;
  907  education; Office of the Children’s Ombudsman.—
  908         (1) The Legislature finds that the design and delivery of
  909  child welfare services should be directed by the principle that
  910  the health and safety of children, including the freedom from
  911  abuse, abandonment, or neglect, is of paramount concern and,
  912  therefore, establishes the following goals for children in
  913  shelter or foster care:
  914         (m) To receive meaningful case management and planning that
  915  will quickly return the child to his or her family or move the
  916  child on to other forms of permanency. For a child who is
  917  transitioning from foster care to independent living, permanency
  918  includes establishing naturally occurring, lifelong, kin-like
  919  connections between the child and a supportive adult.
  920         (t) To have a guardian ad litem appointed to represent,
  921  within reason, their best interests and, if appropriate, an
  922  attorney ad litem appointed to represent their legal interests;
  923  the guardian ad litem or and attorney ad litem, if one is
  924  appointed, shall have immediate and unlimited access to the
  925  children they represent.
  926         (u) To have all their records available for review by their
  927  guardian ad litem or and attorney ad litem, if one is appointed,
  928  if they deem such review necessary.
  929  
  930  This subsection establishes goals and not rights. This
  931  subsection does not require the delivery of any particular
  932  service or level of service in excess of existing
  933  appropriations. A person does not have a cause of action against
  934  the state or any of its subdivisions, agencies, contractors,
  935  subcontractors, or agents, based upon the adoption of or failure
  936  to provide adequate funding for the achievement of these goals
  937  by the Legislature. This subsection does not require the
  938  expenditure of funds to meet the goals established in this
  939  subsection except those funds specifically appropriated for such
  940  purpose.
  941         Section 18. Subsection (8) of section 39.502, Florida
  942  Statutes, is amended to read:
  943         39.502 Notice, process, and service.—
  944         (8) It is not necessary to the validity of a proceeding
  945  covered by this part that the parents be present if their
  946  identity or residence is unknown after a diligent search has
  947  been made; however, but in this event the petitioner must shall
  948  file an affidavit of diligent search prepared by the person who
  949  made the search and inquiry, and the court must may appoint a
  950  guardian ad litem for the child if a guardian ad litem has not
  951  previously been appointed.
  952         Section 19. Paragraph (c) of subsection (3) of section
  953  39.522, Florida Statutes, is amended to read:
  954         39.522 Postdisposition change of custody.—
  955         (3)
  956         (c)1. The department or community-based care lead agency
  957  must notify a current caregiver who has been in the physical
  958  custody placement for at least 9 consecutive months and who
  959  meets all the established criteria in paragraph (b) of an intent
  960  to change the physical custody of the child, and a
  961  multidisciplinary team staffing must be held in accordance with
  962  ss. 39.4022 and 39.4023 at least 21 days before the intended
  963  date for the child’s change in physical custody, unless there is
  964  an emergency situation as defined in s. 39.4022(2)(b). If there
  965  is not a unanimous consensus decision reached by the
  966  multidisciplinary team, the department’s official position must
  967  be provided to the parties within the designated time period as
  968  provided for in s. 39.4022.
  969         2. A caregiver who objects to the department’s official
  970  position on the change in physical custody must notify the court
  971  and the department or community-based care lead agency of his or
  972  her objection and the intent to request an evidentiary hearing
  973  in writing in accordance with this section within 5 days after
  974  receiving notice of the department’s official position provided
  975  under subparagraph 1. The transition of the child to the new
  976  caregiver may not begin before the expiration of the 5-day
  977  period within which the current caregiver may object.
  978         3. Upon the department or community-based care lead agency
  979  receiving written notice of the caregiver’s objection, the
  980  change to the child’s physical custody must be placed in
  981  abeyance and the child may not be transitioned to a new physical
  982  placement without a court order, unless there is an emergency
  983  situation as defined in s. 39.4022(2)(b).
  984         4. Within 7 days after receiving written notice from the
  985  caregiver, the court must conduct an initial case status
  986  hearing, at which time the court must do all of the following:
  987         a. Grant party status to the current caregiver who is
  988  seeking permanent custody and has maintained physical custody of
  989  that child for at least 9 continuous months for the limited
  990  purpose of filing a motion for a hearing on the objection and
  991  presenting evidence pursuant to this subsection.;
  992         b. Appoint an attorney for the child who is the subject of
  993  the permanent custody proceeding, in addition to the guardian ad
  994  litem, if one is appointed;
  995         b.c. Advise the caregiver of his or her right to retain
  996  counsel for purposes of the evidentiary hearing.; and
  997         c.d. Appoint a court-selected neutral and independent
  998  licensed professional with expertise in the science and research
  999  of child-parent bonding.
 1000         Section 20. Paragraph (c) of subsection (1) and paragraph
 1001  (c) of subsection (3) of section 39.6012, Florida Statutes, are
 1002  amended to read:
 1003         39.6012 Case plan tasks; services.—
 1004         (1) The services to be provided to the parent and the tasks
 1005  that must be completed are subject to the following:
 1006         (c) If there is evidence of harm as defined in s.
 1007  39.01(37)(g) s. 39.01(34)(g), the case plan must include as a
 1008  required task for the parent whose actions caused the harm that
 1009  the parent submit to a substance abuse disorder assessment or
 1010  evaluation and participate and comply with treatment and
 1011  services identified in the assessment or evaluation as being
 1012  necessary.
 1013         (3) In addition to any other requirement, if the child is
 1014  in an out-of-home placement, the case plan must include:
 1015         (c) When appropriate, for a child who is 13 years of age or
 1016  older, a written description of the programs and services that
 1017  will help the child prepare for the transition from foster care
 1018  to independent living. The written description must include age
 1019  appropriate activities for the child’s development of
 1020  relationships, coping skills, and emotional well-being.
 1021         Section 21. Section 39.6036, Florida Statutes, is created
 1022  to read:
 1023         39.6036Supportive adults for children transitioning out of
 1024  foster care.—
 1025         (1)The Legislature finds that a committed, caring adult
 1026  provides a lifeline for a child transitioning out of foster care
 1027  to live independently. Accordingly, it is the intent of the
 1028  Legislature that the Statewide Guardian ad Litem Office help
 1029  children connect with supportive adults with the hope of
 1030  creating an ongoing relationship that lasts into adulthood.
 1031         (2)The Statewide Guardian ad Litem Office shall work with
 1032  a child who is transitioning out of foster care to identify at
 1033  least one supportive adult with whom the child can enter into a
 1034  formal agreement for an ongoing relationship and document such
 1035  agreement in the child’s court file. If the child cannot
 1036  identify a supportive adult, the Statewide Guardian ad Litem
 1037  Office shall work in coordination with the Office of Continuing
 1038  Care to identify at least one supportive adult with whom the
 1039  child can enter into a formal agreement for an ongoing
 1040  relationship and document such agreement in the child’s court
 1041  file.
 1042         Section 22. Paragraph (c) of subsection (10) of section
 1043  39.621, Florida Statutes, is amended to read:
 1044         39.621 Permanency determination by the court.—
 1045         (10) The permanency placement is intended to continue until
 1046  the child reaches the age of majority and may not be disturbed
 1047  absent a finding by the court that the circumstances of the
 1048  permanency placement are no longer in the best interest of the
 1049  child.
 1050         (c) The court shall base its decision concerning any motion
 1051  by a parent for reunification or increased contact with a child
 1052  on the effect of the decision on the safety, well-being, and
 1053  physical and emotional health of the child. Factors that must be
 1054  considered and addressed in the findings of fact of the order on
 1055  the motion must include:
 1056         1. The compliance or noncompliance of the parent with the
 1057  case plan;
 1058         2. The circumstances which caused the child’s dependency
 1059  and whether those circumstances have been resolved;
 1060         3. The stability and longevity of the child’s placement;
 1061         4. The preferences of the child, if the child is of
 1062  sufficient age and understanding to express a preference;
 1063         5. The recommendation of the current custodian; and
 1064         6. Any The recommendation of the guardian ad litem, if one
 1065  has been appointed.
 1066         Section 23. Subsection (2) of section 39.6241, Florida
 1067  Statutes, is amended to read:
 1068         39.6241 Another planned permanent living arrangement.—
 1069         (2) The department and the guardian ad litem must provide
 1070  the court with a recommended list and description of services
 1071  needed by the child, such as independent living services and
 1072  medical, dental, educational, or psychological referrals, and a
 1073  recommended list and description of services needed by his or
 1074  her caregiver. The guardian ad litem must also advise the court
 1075  whether the child has been connected with a supportive adult
 1076  and, if the child has been connected with a supportive adult,
 1077  whether the child has entered into a formal agreement with the
 1078  adult. If the child has entered into a formal agreement pursuant
 1079  to s. 39.6036, the guardian ad litem must ensure that the
 1080  agreement is documented in the child’s court file.
 1081         Section 24. Paragraphs (b) and (f) of subsection (1),
 1082  paragraph (c) of subsection (2), subsection (3), and paragraph
 1083  (e) of subsection (4) of section 39.701, Florida Statutes, are
 1084  amended to read:
 1085         39.701 Judicial review.—
 1086         (1) GENERAL PROVISIONS.—
 1087         (b)1. The court shall retain jurisdiction over a child
 1088  returned to his or her parents for a minimum period of 6 months
 1089  after following the reunification, but, at that time, based on a
 1090  report of the social service agency and the guardian ad litem,
 1091  if one has been appointed, and any other relevant factors, the
 1092  court shall make a determination as to whether supervision by
 1093  the department and the court’s jurisdiction shall continue or be
 1094  terminated.
 1095         2. Notwithstanding subparagraph 1., the court must retain
 1096  jurisdiction over a child if the child is placed in the home
 1097  with a parent or caregiver with an in-home safety plan and such
 1098  safety plan remains necessary for the child to reside safely in
 1099  the home.
 1100         (f) Notice of a judicial review hearing or a citizen review
 1101  panel hearing, and a copy of the motion for judicial review, if
 1102  any, must be served by the clerk of the court upon all of the
 1103  following persons, if available to be served, regardless of
 1104  whether the person was present at the previous hearing at which
 1105  the date, time, and location of the hearing was announced:
 1106         1. The social service agency charged with the supervision
 1107  of care, custody, or guardianship of the child, if that agency
 1108  is not the movant.
 1109         2. The foster parent or legal custodian in whose home the
 1110  child resides.
 1111         3. The parents.
 1112         4. The guardian ad litem for the child, or the
 1113  representative of the guardian ad litem program if the program
 1114  has been appointed.
 1115         5. The attorney ad litem for the child, if one is
 1116  appointed.
 1117         6. The child, if the child is 13 years of age or older.
 1118         7. Any preadoptive parent.
 1119         8. Such other persons as the court may direct.
 1120         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1121  AGE.—
 1122         (c) Review determinations.—The court and any citizen review
 1123  panel shall take into consideration the information contained in
 1124  the social services study and investigation and all medical,
 1125  psychological, and educational records that support the terms of
 1126  the case plan; testimony by the social services agency, the
 1127  parent, the foster parent or caregiver, the guardian ad litem,
 1128  the or surrogate parent for educational decisionmaking if one
 1129  has been appointed for the child, and any other person deemed
 1130  appropriate; and any relevant and material evidence submitted to
 1131  the court, including written and oral reports to the extent of
 1132  their probative value. These reports and evidence may be
 1133  received by the court in its effort to determine the action to
 1134  be taken with regard to the child and may be relied upon to the
 1135  extent of their probative value, even though not competent in an
 1136  adjudicatory hearing. In its deliberations, the court and any
 1137  citizen review panel shall seek to determine:
 1138         1. If the parent was advised of the right to receive
 1139  assistance from any person or social service agency in the
 1140  preparation of the case plan.
 1141         2. If the parent has been advised of the right to have
 1142  counsel present at the judicial review or citizen review
 1143  hearings. If not so advised, the court or citizen review panel
 1144  shall advise the parent of such right.
 1145         3. If a guardian ad litem needs to be appointed for the
 1146  child in a case in which a guardian ad litem has not previously
 1147  been appointed or if there is a need to continue a guardian ad
 1148  litem in a case in which a guardian ad litem has been appointed.
 1149         4. Who holds the rights to make educational decisions for
 1150  the child. If appropriate, the court may refer the child to the
 1151  district school superintendent for appointment of a surrogate
 1152  parent or may itself appoint a surrogate parent under the
 1153  Individuals with Disabilities Education Act and s. 39.0016.
 1154         5. The compliance or lack of compliance of all parties with
 1155  applicable items of the case plan, including the parents’
 1156  compliance with child support orders.
 1157         6. The compliance or lack of compliance with a visitation
 1158  contract between the parent and the social service agency for
 1159  contact with the child, including the frequency, duration, and
 1160  results of the parent-child visitation and the reason for any
 1161  noncompliance.
 1162         7. The frequency, kind, and duration of contacts among
 1163  siblings who have been separated during placement, as well as
 1164  any efforts undertaken to reunite separated siblings if doing so
 1165  is in the best interests of the child.
 1166         8. The compliance or lack of compliance of the parent in
 1167  meeting specified financial obligations pertaining to the care
 1168  of the child, including the reason for failure to comply, if
 1169  applicable.
 1170         9. Whether the child is receiving safe and proper care
 1171  according to s. 39.6012, including, but not limited to, the
 1172  appropriateness of the child’s current placement, including
 1173  whether the child is in a setting that is as family-like and as
 1174  close to the parent’s home as possible, consistent with the
 1175  child’s best interests and special needs, and including
 1176  maintaining stability in the child’s educational placement, as
 1177  documented by assurances from the community-based care lead
 1178  agency that:
 1179         a. The placement of the child takes into account the
 1180  appropriateness of the current educational setting and the
 1181  proximity to the school in which the child is enrolled at the
 1182  time of placement.
 1183         b. The community-based care lead agency has coordinated
 1184  with appropriate local educational agencies to ensure that the
 1185  child remains in the school in which the child is enrolled at
 1186  the time of placement.
 1187         10. A projected date likely for the child’s return home or
 1188  other permanent placement.
 1189         11. When appropriate, the basis for the unwillingness or
 1190  inability of the parent to become a party to a case plan. The
 1191  court and the citizen review panel shall determine if the
 1192  efforts of the social service agency to secure party
 1193  participation in a case plan were sufficient.
 1194         12. For a child who has reached 13 years of age but is not
 1195  yet 18 years of age, the adequacy of the child’s preparation for
 1196  adulthood and independent living. For a child who is 15 years of
 1197  age or older, the court shall determine if appropriate steps are
 1198  being taken for the child to obtain a driver license or
 1199  learner’s driver license.
 1200         13. If amendments to the case plan are required. Amendments
 1201  to the case plan must be made under s. 39.6013.
 1202         14. If the parents and caregivers have developed a
 1203  productive relationship that includes meaningful communication
 1204  and mutual support.
 1205         (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At
 1206  each review hearing held under this subsection, the court shall
 1207  give the child and the guardian ad litem the opportunity to
 1208  address the court and provide any information relevant to the
 1209  child’s best interest, particularly in relation to independent
 1210  living transition services. The foster parent or, legal
 1211  custodian, or guardian ad litem may also provide any information
 1212  relevant to the child’s best interest to the court. In addition
 1213  to the review and report required under paragraphs (1)(a) and
 1214  (2)(a), respectively, and the review and report required under
 1215  s. 39.822(2)(a)2., the court shall:
 1216         (a) Inquire about the life skills the child has acquired
 1217  and whether those services are age appropriate, at the first
 1218  judicial review hearing held subsequent to the child’s 16th
 1219  birthday. At the judicial review hearing, the department shall
 1220  provide the court with a report that includes specific
 1221  information related to the life skills that the child has
 1222  acquired since the child’s 13th birthday or since the date the
 1223  child came into foster care, whichever came later. For any child
 1224  who may meet the requirements for appointment of a guardian
 1225  advocate under s. 393.12 or a guardian under chapter 744, the
 1226  updated case plan must be developed in a face-to-face conference
 1227  with the child, if appropriate; the child’s attorney ad litem,
 1228  if one is appointed; the child’s; any court-appointed guardian
 1229  ad litem; the temporary custodian of the child; and the parent
 1230  of the child, if the parent’s rights have not been terminated.
 1231         (b) The court shall hold a judicial review hearing within
 1232  90 days after a child’s 17th birthday. The court shall issue an
 1233  order, separate from the order on judicial review, that the
 1234  disability of nonage of the child has been removed under ss.
 1235  743.044-743.047 for any disability that the court finds is in
 1236  the child’s best interest to remove. The department shall
 1237  include in the social study report for the first judicial review
 1238  that occurs after the child’s 17th birthday written verification
 1239  that the child has:
 1240         1. A current Medicaid card and all necessary information
 1241  concerning the Medicaid program sufficient to prepare the child
 1242  to apply for coverage upon reaching the age of 18, if such
 1243  application is appropriate.
 1244         2. A certified copy of the child’s birth certificate and,
 1245  if the child does not have a valid driver license, a Florida
 1246  identification card issued under s. 322.051.
 1247         3. A social security card and information relating to
 1248  social security insurance benefits if the child is eligible for
 1249  those benefits. If the child has received such benefits and they
 1250  are being held in trust for the child, a full accounting of
 1251  these funds must be provided and the child must be informed as
 1252  to how to access those funds.
 1253         4. All relevant information related to the Road-to
 1254  Independence Program under s. 409.1451, including, but not
 1255  limited to, eligibility requirements, information on
 1256  participation, and assistance in gaining admission to the
 1257  program. If the child is eligible for the Road-to-Independence
 1258  Program, he or she must be advised that he or she may continue
 1259  to reside with the licensed family home or group care provider
 1260  with whom the child was residing at the time the child attained
 1261  his or her 18th birthday, in another licensed family home, or
 1262  with a group care provider arranged by the department.
 1263         5. An open bank account or the identification necessary to
 1264  open a bank account and to acquire essential banking and
 1265  budgeting skills.
 1266         6. Information on public assistance and how to apply for
 1267  public assistance.
 1268         7. A clear understanding of where he or she will be living
 1269  on his or her 18th birthday, how living expenses will be paid,
 1270  and the educational program or school in which he or she will be
 1271  enrolled.
 1272         8. Information related to the ability of the child to
 1273  remain in care until he or she reaches 21 years of age under s.
 1274  39.013.
 1275         9. A letter providing the dates that the child is under the
 1276  jurisdiction of the court.
 1277         10. A letter stating that the child is in compliance with
 1278  financial aid documentation requirements.
 1279         11. The child’s educational records.
 1280         12. The child’s entire health and mental health records.
 1281         13. The process for accessing the child’s case file.
 1282         14. A statement encouraging the child to attend all
 1283  judicial review hearings.
 1284         15. Information on how to obtain a driver license or
 1285  learner’s driver license.
 1286         (c) At the first judicial review hearing held subsequent to
 1287  the child’s 17th birthday, if the court determines pursuant to
 1288  chapter 744 that there is a good faith basis to believe that the
 1289  child qualifies for appointment of a guardian advocate, limited
 1290  guardian, or plenary guardian for the child and that no less
 1291  restrictive decisionmaking assistance will meet the child’s
 1292  needs:
 1293         1. The department shall complete a multidisciplinary report
 1294  which must include, but is not limited to, a psychosocial
 1295  evaluation and educational report if such a report has not been
 1296  completed within the previous 2 years.
 1297         2. The department shall identify one or more individuals
 1298  who are willing to serve as the guardian advocate under s.
 1299  393.12 or as the plenary or limited guardian under chapter 744.
 1300  Any other interested parties or participants may make efforts to
 1301  identify such a guardian advocate, limited guardian, or plenary
 1302  guardian. The child’s biological or adoptive family members,
 1303  including the child’s parents if the parents’ rights have not
 1304  been terminated, may not be considered for service as the
 1305  plenary or limited guardian unless the court enters a written
 1306  order finding that such an appointment is in the child’s best
 1307  interests.
 1308         3. Proceedings may be initiated within 180 days after the
 1309  child’s 17th birthday for the appointment of a guardian
 1310  advocate, plenary guardian, or limited guardian for the child in
 1311  a separate proceeding in the court division with jurisdiction
 1312  over guardianship matters and pursuant to chapter 744. The
 1313  Legislature encourages the use of pro bono representation to
 1314  initiate proceedings under this section.
 1315         4. In the event another interested party or participant
 1316  initiates proceedings for the appointment of a guardian
 1317  advocate, plenary guardian, or limited guardian for the child,
 1318  the department shall provide all necessary documentation and
 1319  information to the petitioner to complete a petition under s.
 1320  393.12 or chapter 744 within 45 days after the first judicial
 1321  review hearing after the child’s 17th birthday.
 1322         5. Any proceedings seeking appointment of a guardian
 1323  advocate or a determination of incapacity and the appointment of
 1324  a guardian must be conducted in a separate proceeding in the
 1325  court division with jurisdiction over guardianship matters and
 1326  pursuant to chapter 744.
 1327         (d) If the court finds at the judicial review hearing after
 1328  the child’s 17th birthday that the department has not met its
 1329  obligations to the child as stated in this part, in the written
 1330  case plan, or in the provision of independent living services,
 1331  the court may issue an order directing the department to show
 1332  cause as to why it has not done so. If the department cannot
 1333  justify its noncompliance, the court may give the department 30
 1334  days within which to comply. If the department fails to comply
 1335  within 30 days, the court may hold the department in contempt.
 1336         (e) If necessary, the court may review the status of the
 1337  child more frequently during the year before the child’s 18th
 1338  birthday. At the last review hearing before the child reaches 18
 1339  years of age, and in addition to the requirements of subsection
 1340  (2), the court shall:
 1341         1. Address whether the child plans to remain in foster
 1342  care, and, if so, ensure that the child’s transition plan
 1343  includes a plan for meeting one or more of the criteria
 1344  specified in s. 39.6251 and determine if the child has entered
 1345  into a formal agreement for an ongoing relationship with a
 1346  supportive adult.
 1347         2. Ensure that the transition plan includes a supervised
 1348  living arrangement under s. 39.6251.
 1349         3. Ensure the child has been informed of:
 1350         a. The right to continued support and services from the
 1351  department and the community-based care lead agency.
 1352         b. The right to request termination of dependency
 1353  jurisdiction and be discharged from foster care.
 1354         c. The opportunity to reenter foster care under s. 39.6251.
 1355         4. Ensure that the child, if he or she requests termination
 1356  of dependency jurisdiction and discharge from foster care, has
 1357  been informed of:
 1358         a. Services or benefits for which the child may be eligible
 1359  based on his or her former placement in foster care, including,
 1360  but not limited to, the assistance of the Office of Continuing
 1361  Care under s. 414.56.
 1362         b. Services or benefits that may be lost through
 1363  termination of dependency jurisdiction.
 1364         c. Other federal, state, local, or community-based services
 1365  or supports available to him or her.
 1366         (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
 1367  each period of time that a young adult remains in foster care,
 1368  the court shall review the status of the young adult at least
 1369  every 6 months and must hold a permanency review hearing at
 1370  least annually.
 1371         (e)1. Notwithstanding the provisions of this subsection, if
 1372  a young adult has chosen to remain in extended foster care after
 1373  he or she has reached 18 years of age, the department may not
 1374  close a case and the court may not terminate jurisdiction until
 1375  the court finds, following a hearing, that the following
 1376  criteria have been met:
 1377         a.1. Attendance of the young adult at the hearing; or
 1378         b.2. Findings by the court that:
 1379         (I)a. The young adult has been informed by the department
 1380  of his or her right to attend the hearing and has provided
 1381  written consent to waive this right; and
 1382         (II)b. The young adult has been informed of the potential
 1383  negative effects of early termination of care, the option to
 1384  reenter care before reaching 21 years of age, the procedure for,
 1385  and limitations on, reentering care, and the availability of
 1386  alternative services, and has signed a document attesting that
 1387  he or she has been so informed and understands these provisions;
 1388  or
 1389         (III)c. The young adult has voluntarily left the program,
 1390  has not signed the document in sub-subparagraph b., and is
 1391  unwilling to participate in any further court proceeding.
 1392         2.3. In all permanency hearings or hearings regarding the
 1393  transition of the young adult from care to independent living,
 1394  the court shall consult with the young adult regarding the
 1395  proposed permanency plan, case plan, and individual education
 1396  plan for the young adult and ensure that he or she has
 1397  understood the conversation. The court shall also inquire of the
 1398  young adult regarding his or her relationship with the
 1399  supportive adult with whom the young adult has entered into a
 1400  formal agreement for an ongoing relationship, if such agreement
 1401  exists.
 1402         Section 25. Paragraph (a) of subsection (3) of section
 1403  39.801, Florida Statutes, is amended to read:
 1404         39.801 Procedures and jurisdiction; notice; service of
 1405  process.—
 1406         (3) Before the court may terminate parental rights, in
 1407  addition to the other requirements set forth in this part, the
 1408  following requirements must be met:
 1409         (a) Notice of the date, time, and place of the advisory
 1410  hearing for the petition to terminate parental rights; if
 1411  applicable, instructions for appearance through audio-video
 1412  communication technology; and a copy of the petition must be
 1413  personally served upon the following persons, specifically
 1414  notifying them that a petition has been filed:
 1415         1. The parents of the child.
 1416         2. The legal custodians of the child.
 1417         3. If the parents who would be entitled to notice are dead
 1418  or unknown, a living relative of the child, unless upon diligent
 1419  search and inquiry no such relative can be found.
 1420         4. Any person who has physical custody of the child.
 1421         5. Any grandparent entitled to priority for adoption under
 1422  s. 63.0425.
 1423         6. Any prospective parent who has been identified under s.
 1424  39.503 or s. 39.803, unless a court order has been entered
 1425  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1426  indicates no further notice is required. Except as otherwise
 1427  provided in this section, if there is not a legal father, notice
 1428  of the petition for termination of parental rights must be
 1429  provided to any known prospective father who is identified under
 1430  oath before the court or who is identified by a diligent search
 1431  of the Florida Putative Father Registry. Service of the notice
 1432  of the petition for termination of parental rights is not
 1433  required if the prospective father executes an affidavit of
 1434  nonpaternity or a consent to termination of his parental rights
 1435  which is accepted by the court after notice and opportunity to
 1436  be heard by all parties to address the best interests of the
 1437  child in accepting such affidavit.
 1438         7. The guardian ad litem for the child or the
 1439  representative of the guardian ad litem program, if the program
 1440  has been appointed.
 1441  
 1442  A party may consent to service or notice by e-mail by providing
 1443  a primary e-mail address to the clerk of the court. The document
 1444  containing the notice to respond or appear must contain, in type
 1445  at least as large as the type in the balance of the document,
 1446  the following or substantially similar language: “FAILURE TO
 1447  APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE
 1448  TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF
 1449  YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE
 1450  ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN
 1451  THE PETITION ATTACHED TO THIS NOTICE.”
 1452         Section 26. Subsection (2) of section 39.807, Florida
 1453  Statutes, is amended to read:
 1454         39.807 Right to counsel; guardian ad litem.—
 1455         (2)(a) The court shall appoint a guardian ad litem to
 1456  represent the best interest of the child in any termination of
 1457  parental rights proceedings and shall ascertain at each stage of
 1458  the proceedings whether a guardian ad litem has been appointed.
 1459         (b) The guardian ad litem has the following
 1460  responsibilities and authority specified in s. 39.822.:
 1461         1. To investigate the allegations of the petition and any
 1462  subsequent matters arising in the case and,
 1463         (c) Unless excused by the court, the guardian ad litem must
 1464  to file a written report. This report must include a statement
 1465  of the wishes of the child and the recommendations of the
 1466  guardian ad litem and must be provided to all parties and the
 1467  court at least 72 hours before the disposition hearing.
 1468         2. To be present at all court hearings unless excused by
 1469  the court.
 1470         3. To represent the best interests of the child until the
 1471  jurisdiction of the court over the child terminates or until
 1472  excused by the court.
 1473         (c) A guardian ad litem is not required to post bond but
 1474  shall file an acceptance of the office.
 1475         (d) A guardian ad litem is entitled to receive service of
 1476  pleadings and papers as provided by the Florida Rules of
 1477  Juvenile Procedure.
 1478         (d)(e) This subsection does not apply to any voluntary
 1479  relinquishment of parental rights proceeding.
 1480         Section 27. Subsection (2) of section 39.808, Florida
 1481  Statutes, is amended to read:
 1482         39.808 Advisory hearing; pretrial status conference.—
 1483         (2) At the hearing the court shall inform the parties of
 1484  their rights under s. 39.807, shall appoint counsel for the
 1485  parties in accordance with legal requirements, and shall appoint
 1486  a guardian ad litem to represent the interests of the child if
 1487  one has not already been appointed.
 1488         Section 28. Subsection (2) of section 39.815, Florida
 1489  Statutes, is amended to read:
 1490         39.815 Appeal.—
 1491         (2) An attorney for the department shall represent the
 1492  state upon appeal. When a notice of appeal is filed in the
 1493  circuit court, the clerk shall notify the attorney for the
 1494  department, together with the attorney for the parent, the
 1495  guardian ad litem, and the any attorney ad litem for the child,
 1496  if one is appointed.
 1497         Section 29. Section 39.820, Florida Statutes, is repealed.
 1498         Section 30. Subsections (1) and (3) of section 39.821,
 1499  Florida Statutes, are amended to read:
 1500         39.821 Qualifications of guardians ad litem.—
 1501         (1) Because of the special trust or responsibility placed
 1502  in a guardian ad litem, the Statewide Guardian ad Litem Office
 1503  Program may use any private funds collected by the office
 1504  program, or any state funds so designated, to conduct a security
 1505  background investigation before certifying a volunteer to serve.
 1506  A security background investigation must include, but need not
 1507  be limited to, employment history checks, checks of references,
 1508  local criminal history records checks through local law
 1509  enforcement agencies, and statewide criminal history records
 1510  checks through the Department of Law Enforcement. Upon request,
 1511  an employer shall furnish a copy of the personnel record for the
 1512  employee or former employee who is the subject of a security
 1513  background investigation conducted under this section. The
 1514  information contained in the personnel record may include, but
 1515  need not be limited to, disciplinary matters and the reason why
 1516  the employee was terminated from employment. An employer who
 1517  releases a personnel record for purposes of a security
 1518  background investigation is presumed to have acted in good faith
 1519  and is not liable for information contained in the record
 1520  without a showing that the employer maliciously falsified the
 1521  record. A security background investigation conducted under this
 1522  section must ensure that a person is not certified as a guardian
 1523  ad litem if the person has an arrest awaiting final disposition
 1524  for, been convicted of, regardless of adjudication, entered a
 1525  plea of nolo contendere or guilty to, or been adjudicated
 1526  delinquent and the record has not been sealed or expunged for,
 1527  any offense prohibited under the provisions listed in s. 435.04.
 1528  All applicants must undergo a level 2 background screening
 1529  pursuant to chapter 435 before being certified to serve as a
 1530  guardian ad litem. In analyzing and evaluating the information
 1531  obtained in the security background investigation, the office
 1532  program must give particular emphasis to past activities
 1533  involving children, including, but not limited to, child-related
 1534  criminal offenses or child abuse. The office program has sole
 1535  discretion in determining whether to certify a person based on
 1536  his or her security background investigation. The information
 1537  collected pursuant to the security background investigation is
 1538  confidential and exempt from s. 119.07(1).
 1539         (3) It is a misdemeanor of the first degree, punishable as
 1540  provided in s. 775.082 or s. 775.083, for any person to
 1541  willfully, knowingly, or intentionally fail, by false statement,
 1542  misrepresentation, impersonation, or other fraudulent means, to
 1543  disclose in any application for a volunteer position or for paid
 1544  employment with the Statewide Guardian ad Litem Office Program,
 1545  any material fact used in making a determination as to the
 1546  applicant’s qualifications for such position.
 1547         Section 31. Section 39.822, Florida Statutes, is amended to
 1548  read:
 1549         39.822 Appointment of guardian ad litem for abused,
 1550  abandoned, or neglected child.—
 1551         (1) A guardian ad litem shall be appointed by the court at
 1552  the earliest possible time to represent the child in any child
 1553  abuse, abandonment, or neglect judicial proceeding, whether
 1554  civil or criminal. A guardian ad litem is a fiduciary and must
 1555  provide independent representation of the child using a best
 1556  interest standard of decisionmaking and advocacy.
 1557         (2)(a)A guardian ad litem must:
 1558         1.Be present at all court hearings unless excused by the
 1559  court.
 1560         2.Investigate issues related to the best interest of the
 1561  child who is the subject of the appointment, review all
 1562  disposition recommendations and changes in placement, and,
 1563  unless excused by the court, file written reports and
 1564  recommendations in accordance with general law.
 1565         3.Represent the child until the court’s jurisdiction over
 1566  the child terminates or until excused by the court.
 1567         4.Advocate for the child’s participation in the
 1568  proceedings and to report the child’s preferences to the court,
 1569  to the extent the child has the ability and desire to express
 1570  his or her preferences.
 1571         5.Perform other duties that are consistent with the scope
 1572  of the appointment.
 1573         (b)A guardian ad litem shall have immediate and unlimited
 1574  access to the children he or she represents.
 1575         (c)A guardian ad litem is not required to post bond but
 1576  must file an acceptance of the appointment.
 1577         (d)A guardian ad litem is entitled to receive service of
 1578  pleadings and papers as provided by the Florida Rules of
 1579  Juvenile Procedure.
 1580         (3) Any person participating in a civil or criminal
 1581  judicial proceeding resulting from such appointment shall be
 1582  presumed prima facie to be acting in good faith and in so doing
 1583  shall be immune from any liability, civil or criminal, that
 1584  otherwise might be incurred or imposed.
 1585         (4)(2) In those cases in which the parents are financially
 1586  able, the parent or parents of the child shall reimburse the
 1587  court, in part or in whole, for the cost of provision of
 1588  guardian ad litem representation services. Reimbursement to the
 1589  individual providing guardian ad litem representation is not
 1590  services shall not be contingent upon successful collection by
 1591  the court from the parent or parents.
 1592         (5)(3) Upon presentation by a guardian ad litem of a court
 1593  order appointing the guardian ad litem:
 1594         (a) An agency, as defined in chapter 119, shall allow the
 1595  guardian ad litem to inspect and copy records related to the
 1596  best interests of the child who is the subject of the
 1597  appointment, including, but not limited to, records made
 1598  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
 1599  the State Constitution. The guardian ad litem shall maintain the
 1600  confidential or exempt status of any records shared by an agency
 1601  under this paragraph.
 1602         (b) A person or an organization, other than an agency under
 1603  paragraph (a), shall allow the guardian ad litem to inspect and
 1604  copy any records related to the best interests of the child who
 1605  is the subject of the appointment, including, but not limited
 1606  to, confidential records.
 1607  
 1608  For the purposes of this subsection, the term “records related
 1609  to the best interests of the child” includes, but is not limited
 1610  to, medical, mental health, substance abuse, child care,
 1611  education, law enforcement, court, social services, and
 1612  financial records.
 1613         (4) The guardian ad litem or the program representative
 1614  shall review all disposition recommendations and changes in
 1615  placements, and must be present at all critical stages of the
 1616  dependency proceeding or submit a written report of
 1617  recommendations to the court. Written reports must be filed with
 1618  the court and served on all parties whose whereabouts are known
 1619  at least 72 hours prior to the hearing.
 1620         Section 32. Subsection (4) of section 39.827, Florida
 1621  Statutes, is amended to read:
 1622         39.827 Hearing for appointment of a guardian advocate.—
 1623         (4) The hearing under this section must shall remain
 1624  confidential and closed to the public. The clerk shall keep all
 1625  court records required by this part separate from other records
 1626  of the circuit court. All court records required by this part
 1627  are shall be confidential and exempt from the provisions of s.
 1628  119.07(1). All Records may only shall be inspected only upon
 1629  order of the court by persons deemed by the court to have a
 1630  proper interest therein, except that a child and the parents or
 1631  custodians of the child and their attorneys, the guardian ad
 1632  litem, and the department and its designees, and the attorney ad
 1633  litem, if one is appointed, shall always have the right to
 1634  inspect and copy any official record pertaining to the child.
 1635  The court may permit authorized representatives of recognized
 1636  organizations compiling statistics for proper purposes to
 1637  inspect and make abstracts from official records, under whatever
 1638  conditions upon their use and disposition the court may deem
 1639  proper, and may punish by contempt proceedings any violation of
 1640  those conditions. All information obtained pursuant to this part
 1641  in the discharge of official duty by any judge, employee of the
 1642  court, or authorized agent of the department is shall be
 1643  confidential and exempt from the provisions of s. 119.07(1) and
 1644  may shall not be disclosed to anyone other than the authorized
 1645  personnel of the court or the department and its designees,
 1646  except upon order of the court.
 1647         Section 33. Paragraphs (a), (b), and (d) of subsection (1)
 1648  and subsection (2) of section 39.8296, Florida Statutes, are
 1649  amended to read:
 1650         39.8296 Statewide Guardian ad Litem Office; legislative
 1651  findings and intent; creation; appointment of executive
 1652  director; duties of office.—
 1653         (1) LEGISLATIVE FINDINGS AND INTENT.—
 1654         (a) The Legislature finds that for the past 20 years, the
 1655  Statewide Guardian ad Litem Office Program has been the only
 1656  mechanism for best interest representation for children in
 1657  Florida who are involved in dependency proceedings.
 1658         (b) The Legislature also finds that while the Statewide
 1659  Guardian ad Litem Office Program has been supervised by court
 1660  administration within the circuit courts since the office’s
 1661  program’s inception, there is a perceived conflict of interest
 1662  created by the supervision of program staff by the judges before
 1663  whom they appear.
 1664         (d) It is therefore the intent of the Legislature to place
 1665  the Statewide Guardian ad Litem Office Program in an appropriate
 1666  place and provide a statewide infrastructure to increase
 1667  functioning and standardization among the local offices programs
 1668  currently operating in the 20 judicial circuits.
 1669         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
 1670  Statewide Guardian ad Litem Office within the Justice
 1671  Administrative Commission. The Justice Administrative Commission
 1672  shall provide administrative support and service to the office
 1673  to the extent requested by the executive director within the
 1674  available resources of the commission. The Statewide Guardian ad
 1675  Litem Office is not subject to control, supervision, or
 1676  direction by the Justice Administrative Commission in the
 1677  performance of its duties, but the employees of the office are
 1678  governed by the classification plan and salary and benefits plan
 1679  approved by the Justice Administrative Commission.
 1680         (a) The head of the Statewide Guardian ad Litem Office is
 1681  the executive director, who shall be appointed by the Governor
 1682  from a list of a minimum of three eligible applicants submitted
 1683  by a Guardian ad Litem Qualifications Committee. The Guardian ad
 1684  Litem Qualifications Committee shall be composed of five
 1685  persons, two persons appointed by the Governor, two persons
 1686  appointed by the Chief Justice of the Supreme Court, and one
 1687  person appointed by the Statewide Guardian ad Litem Office
 1688  Association. The committee shall provide for statewide
 1689  advertisement and the receiving of applications for the position
 1690  of executive director. The Governor shall appoint an executive
 1691  director from among the recommendations, or the Governor may
 1692  reject the nominations and request the submission of new
 1693  nominees. The executive director must have knowledge in
 1694  dependency law and knowledge of social service delivery systems
 1695  available to meet the needs of children who are abused,
 1696  neglected, or abandoned. The executive director shall serve on a
 1697  full-time basis and shall personally, or through representatives
 1698  of the office, carry out the purposes and functions of the
 1699  Statewide Guardian ad Litem Office in accordance with state and
 1700  federal law and the state’s long-established policy of
 1701  prioritizing children’s best interests. The executive director
 1702  shall report to the Governor. The executive director shall serve
 1703  a 3-year term, subject to removal for cause by the Governor. Any
 1704  person appointed to serve as the executive director may be
 1705  permitted to serve more than one term without the necessity of
 1706  convening the Guardian ad Litem Qualifications Committee.
 1707         (b) The Statewide Guardian ad Litem Office shall, within
 1708  available resources, have oversight responsibilities for and
 1709  provide technical assistance to all guardian ad litem and
 1710  attorney ad litem offices programs located within the judicial
 1711  circuits.
 1712         1. The office shall identify the resources required to
 1713  implement methods of collecting, reporting, and tracking
 1714  reliable and consistent case data.
 1715         2. The office shall review the current guardian ad litem
 1716  offices programs in Florida and other states.
 1717         3. The office, in consultation with local guardian ad litem
 1718  offices, shall develop statewide performance measures and
 1719  standards.
 1720         4. The office shall develop and maintain a guardian ad
 1721  litem training program, which must be updated regularly, which
 1722  shall include, but is not limited to, training on the
 1723  recognition of and responses to head trauma and brain injury in
 1724  a child under 6 years of age. The office shall establish a
 1725  curriculum committee to develop the training program specified
 1726  in this subparagraph. The curriculum committee shall include,
 1727  but not be limited to, dependency judges, directors of circuit
 1728  guardian ad litem programs, active certified guardians ad litem,
 1729  a mental health professional who specializes in the treatment of
 1730  children, a member of a child advocacy group, a representative
 1731  of a domestic violence advocacy group, an individual with a
 1732  degree in social work, and a social worker experienced in
 1733  working with victims and perpetrators of child abuse.
 1734         5. The office shall review the various methods of funding
 1735  guardian ad litem offices programs, maximize the use of those
 1736  funding sources to the extent possible, and review the kinds of
 1737  services being provided by circuit guardian ad litem offices
 1738  programs.
 1739         6. The office shall determine the feasibility or
 1740  desirability of new concepts of organization, administration,
 1741  financing, or service delivery designed to preserve the civil
 1742  and constitutional rights and fulfill other needs of dependent
 1743  children.
 1744         7.The office shall ensure that each child has an attorney
 1745  assigned to his or her case and, within available resources, is
 1746  represented using multidisciplinary teams that may include
 1747  volunteers, pro bono attorneys, social workers, and mentors.
 1748         8.The office shall provide oversight and technical
 1749  assistance to attorneys ad litem, including, but not limited to,
 1750  all of the following:
 1751         a.Develop an attorney ad litem training program in
 1752  collaboration with dependency court stakeholders, including, but
 1753  not limited to, dependency judges, representatives from legal
 1754  aid providing attorney ad litem representation, and an attorney
 1755  ad litem appointed from a registry maintained by the chief
 1756  judge. The training program must be updated regularly with or
 1757  without convening the stakeholders group.
 1758         b.Offer consultation and technical assistance to chief
 1759  judges in maintaining attorney registries for the selection of
 1760  attorneys ad litem.
 1761         c.Assist with recruitment, training, and mentoring of
 1762  attorneys ad litem as needed.
 1763         9.7. In an effort to promote normalcy and establish trust
 1764  between a court-appointed volunteer guardian ad litem and a
 1765  child alleged to be abused, abandoned, or neglected under this
 1766  chapter, a guardian ad litem may transport a child. However, a
 1767  guardian ad litem volunteer may not be required by a guardian ad
 1768  litem circuit office or ordered by or directed by the program or
 1769  a court to transport a child.
 1770         10.8. The office shall submit to the Governor, the
 1771  President of the Senate, the Speaker of the House of
 1772  Representatives, and the Chief Justice of the Supreme Court an
 1773  interim report describing the progress of the office in meeting
 1774  the goals as described in this section. The office shall submit
 1775  to the Governor, the President of the Senate, the Speaker of the
 1776  House of Representatives, and the Chief Justice of the Supreme
 1777  Court a proposed plan including alternatives for meeting the
 1778  state’s guardian ad litem and attorney ad litem needs. This plan
 1779  may include recommendations for less than the entire state, may
 1780  include a phase-in system, and shall include estimates of the
 1781  cost of each of the alternatives. Each year the office shall
 1782  provide a status report and provide further recommendations to
 1783  address the need for guardian ad litem representation services
 1784  and related issues.
 1785         Section 34. Section 39.8297, Florida Statutes, is amended
 1786  to read:
 1787         39.8297 County funding for guardian ad litem employees.—
 1788         (1) A county and the executive director of the Statewide
 1789  Guardian ad Litem Office may enter into an agreement by which
 1790  the county agrees to provide funds to the local guardian ad
 1791  litem office in order to employ persons who will assist in the
 1792  operation of the guardian ad litem office program in the county.
 1793         (2) The agreement, at a minimum, must provide that:
 1794         (a) Funding for the persons who are employed will be
 1795  provided on at least a fiscal-year basis.
 1796         (b) The persons who are employed will be hired, supervised,
 1797  managed, and terminated by the executive director of the
 1798  Statewide Guardian ad Litem Office. The statewide office is
 1799  responsible for compliance with all requirements of federal and
 1800  state employment laws, and shall fully indemnify the county from
 1801  any liability under such laws, as authorized by s. 768.28(19),
 1802  to the extent such liability is the result of the acts or
 1803  omissions of the Statewide Guardian ad Litem Office or its
 1804  agents or employees.
 1805         (c) The county is the employer for purposes of s. 440.10
 1806  and chapter 443.
 1807         (d) Employees funded by the county under this section and
 1808  other county employees may be aggregated for purposes of a
 1809  flexible benefits plan pursuant to s. 125 of the Internal
 1810  Revenue Code of 1986.
 1811         (e) Persons employed under this section may be terminated
 1812  after a substantial breach of the agreement or because funding
 1813  to the guardian ad litem office program has expired.
 1814         (3) Persons employed under this section may not be counted
 1815  in a formula or similar process used by the Statewide Guardian
 1816  ad Litem Office to measure personnel needs of a judicial
 1817  circuit’s guardian ad litem office program.
 1818         (4) Agreements created pursuant to this section do not
 1819  obligate the state to allocate funds to a county to employ
 1820  persons in the guardian ad litem office program.
 1821         Section 35. Subsection (6) is added to section 414.56,
 1822  Florida Statutes, to read:
 1823         414.56 Office of Continuing Care.—The department shall
 1824  establish an Office of Continuing Care to ensure young adults
 1825  who age out of the foster care system between 18 and 21 years of
 1826  age, or 22 years of age with a documented disability, have a
 1827  point of contact until the young adult reaches the age of 26 in
 1828  order to receive ongoing support and care coordination needed to
 1829  achieve self-sufficiency. Duties of the office include, but are
 1830  not limited to:
 1831         (6) In coordination with the Statewide Guardian Ad Litem
 1832  Office, identifying supportive adults for children transitioning
 1833  out of foster care to live independently in accordance with s.
 1834  39.6036.
 1835         Section 36. Section 1009.898, Florida Statutes, is created
 1836  to read:
 1837         1009.898 Fostering Prosperity grants.—
 1838         (1)Subject to the appropriation of funds for that purpose
 1839  by the Legislature, the Fostering Prosperity program shall
 1840  administer the following grants to youth and young adults aging
 1841  out of foster care:
 1842         (a)Grants to provide financial literacy instruction using
 1843  a curriculum developed by the Department of Financial Services
 1844  in consultation with the Department of Education.
 1845         (b)Grants to provide CLT, SAT, or ACT preparation,
 1846  including one-on-one support and fee waivers for the
 1847  examinations.
 1848         (c)Grants to youth and young adults planning to pursue
 1849  trade careers or paid apprenticeships.
 1850         (2)If a young adult who is aging out of foster care is
 1851  reunited with his or her parent, the grants must remain
 1852  available for the young adult for up to 1 year after
 1853  reunification.
 1854         (3)The State Board of Education shall adopt rules to
 1855  administer this section.
 1856         Section 37. Subsection (1) of section 29.008, Florida
 1857  Statutes, is amended to read:
 1858         29.008 County funding of court-related functions.—
 1859         (1) Counties are required by s. 14, Art. V of the State
 1860  Constitution to fund the cost of communications services,
 1861  existing radio systems, existing multiagency criminal justice
 1862  information systems, and the cost of construction or lease,
 1863  maintenance, utilities, and security of facilities for the
 1864  circuit and county courts, public defenders’ offices, state
 1865  attorneys’ offices, guardian ad litem offices, and the offices
 1866  of the clerks of the circuit and county courts performing court
 1867  related functions. For purposes of this section, the term
 1868  “circuit and county courts” includes the offices and staffing of
 1869  the guardian ad litem offices programs, and the term “public
 1870  defenders’ offices” includes the offices of criminal conflict
 1871  and civil regional counsel. The county designated under s.
 1872  35.05(1) as the headquarters for each appellate district shall
 1873  fund these costs for the appellate division of the public
 1874  defender’s office in that county. For purposes of implementing
 1875  these requirements, the term:
 1876         (a) “Facility” means reasonable and necessary buildings and
 1877  office space and appurtenant equipment and furnishings,
 1878  structures, real estate, easements, and related interests in
 1879  real estate, including, but not limited to, those for the
 1880  purpose of housing legal materials for use by the general public
 1881  and personnel, equipment, or functions of the circuit or county
 1882  courts, public defenders’ offices, state attorneys’ offices, and
 1883  court-related functions of the office of the clerks of the
 1884  circuit and county courts and all storage. The term “facility”
 1885  includes all wiring necessary for court reporting services. The
 1886  term also includes access to parking for such facilities in
 1887  connection with such court-related functions that may be
 1888  available free or from a private provider or a local government
 1889  for a fee. The office space provided by a county may not be less
 1890  than the standards for space allotment adopted by the Department
 1891  of Management Services, except this requirement applies only to
 1892  facilities that are leased, or on which construction commences,
 1893  after June 30, 2003. County funding must include physical
 1894  modifications and improvements to all facilities as are required
 1895  for compliance with the Americans with Disabilities Act. Upon
 1896  mutual agreement of a county and the affected entity in this
 1897  paragraph, the office space provided by the county may vary from
 1898  the standards for space allotment adopted by the Department of
 1899  Management Services.
 1900         1. As of July 1, 2005, equipment and furnishings shall be
 1901  limited to that appropriate and customary for courtrooms,
 1902  hearing rooms, jury facilities, and other public areas in
 1903  courthouses and any other facility occupied by the courts, state
 1904  attorneys, public defenders, guardians ad litem, and criminal
 1905  conflict and civil regional counsel. Court reporting equipment
 1906  in these areas or facilities is not a responsibility of the
 1907  county.
 1908         2. Equipment and furnishings under this paragraph in
 1909  existence and owned by counties on July 1, 2005, except for that
 1910  in the possession of the clerks, for areas other than
 1911  courtrooms, hearing rooms, jury facilities, and other public
 1912  areas in courthouses and any other facility occupied by the
 1913  courts, state attorneys, and public defenders, shall be
 1914  transferred to the state at no charge. This provision does not
 1915  apply to any communications services as defined in paragraph
 1916  (f).
 1917         (b) “Construction or lease” includes, but is not limited
 1918  to, all reasonable and necessary costs of the acquisition or
 1919  lease of facilities for all judicial officers, staff, jurors,
 1920  volunteers of a tenant agency, and the public for the circuit
 1921  and county courts, the public defenders’ offices, state
 1922  attorneys’ offices, and for performing the court-related
 1923  functions of the offices of the clerks of the circuit and county
 1924  courts. This includes expenses related to financing such
 1925  facilities and the existing and future cost and bonded
 1926  indebtedness associated with placing the facilities in use.
 1927         (c) “Maintenance” includes, but is not limited to, all
 1928  reasonable and necessary costs of custodial and groundskeeping
 1929  services and renovation and reconstruction as needed to
 1930  accommodate functions for the circuit and county courts, the
 1931  public defenders’ offices, and state attorneys’ offices and for
 1932  performing the court-related functions of the offices of the
 1933  clerks of the circuit and county court and for maintaining the
 1934  facilities in a condition appropriate and safe for the use
 1935  intended.
 1936         (d) “Utilities” means all electricity services for light,
 1937  heat, and power; natural or manufactured gas services for light,
 1938  heat, and power; water and wastewater services and systems,
 1939  stormwater or runoff services and systems, sewer services and
 1940  systems, all costs or fees associated with these services and
 1941  systems, and any costs or fees associated with the mitigation of
 1942  environmental impacts directly related to the facility.
 1943         (e) “Security” includes but is not limited to, all
 1944  reasonable and necessary costs of services of law enforcement
 1945  officers or licensed security guards and all electronic,
 1946  cellular, or digital monitoring and screening devices necessary
 1947  to ensure the safety and security of all persons visiting or
 1948  working in a facility; to provide for security of the facility,
 1949  including protection of property owned by the county or the
 1950  state; and for security of prisoners brought to any facility.
 1951  This includes bailiffs while providing courtroom and other
 1952  security for each judge and other quasi-judicial officers.
 1953         (f) “Communications services” are defined as any reasonable
 1954  and necessary transmission, emission, and reception of signs,
 1955  signals, writings, images, and sounds of intelligence of any
 1956  nature by wire, radio, optical, audio equipment, or other
 1957  electromagnetic systems and includes all facilities and
 1958  equipment owned, leased, or used by judges, clerks, public
 1959  defenders, state attorneys, guardians ad litem, criminal
 1960  conflict and civil regional counsel, and all staff of the state
 1961  courts system, state attorneys’ offices, public defenders’
 1962  offices, and clerks of the circuit and county courts performing
 1963  court-related functions. Such system or services shall include,
 1964  but not be limited to:
 1965         1. Telephone system infrastructure, including computer
 1966  lines, telephone switching equipment, and maintenance, and
 1967  facsimile equipment, wireless communications, cellular
 1968  telephones, pagers, and video teleconferencing equipment and
 1969  line charges. Each county shall continue to provide access to a
 1970  local carrier for local and long distance service and shall pay
 1971  toll charges for local and long distance service.
 1972         2. All computer networks, systems and equipment, including
 1973  computer hardware and software, modems, printers, wiring,
 1974  network connections, maintenance, support staff or services
 1975  including any county-funded support staff located in the offices
 1976  of the circuit court, county courts, state attorneys, public
 1977  defenders, guardians ad litem, and criminal conflict and civil
 1978  regional counsel; training, supplies, and line charges necessary
 1979  for an integrated computer system to support the operations and
 1980  management of the state courts system, the offices of the public
 1981  defenders, the offices of the state attorneys, the guardian ad
 1982  litem offices, the offices of criminal conflict and civil
 1983  regional counsel, and the offices of the clerks of the circuit
 1984  and county courts; and the capability to connect those entities
 1985  and reporting data to the state as required for the transmission
 1986  of revenue, performance accountability, case management, data
 1987  collection, budgeting, and auditing purposes. The integrated
 1988  computer system shall be operational by July 1, 2006, and, at a
 1989  minimum, permit the exchange of financial, performance
 1990  accountability, case management, case disposition, and other
 1991  data across multiple state and county information systems
 1992  involving multiple users at both the state level and within each
 1993  judicial circuit and be able to electronically exchange judicial
 1994  case background data, sentencing scoresheets, and video evidence
 1995  information stored in integrated case management systems over
 1996  secure networks. Once the integrated system becomes operational,
 1997  counties may reject requests to purchase communications services
 1998  included in this subparagraph not in compliance with standards,
 1999  protocols, or processes adopted by the board established
 2000  pursuant to former s. 29.0086.
 2001         3. Courier messenger and subpoena services.
 2002         4. Auxiliary aids and services for qualified individuals
 2003  with a disability which are necessary to ensure access to the
 2004  courts. Such auxiliary aids and services include, but are not
 2005  limited to, sign language interpretation services required under
 2006  the federal Americans with Disabilities Act other than services
 2007  required to satisfy due-process requirements and identified as a
 2008  state funding responsibility pursuant to ss. 29.004-29.007,
 2009  real-time transcription services for individuals who are hearing
 2010  impaired, and assistive listening devices and the equipment
 2011  necessary to implement such accommodations.
 2012         (g) “Existing radio systems” includes, but is not limited
 2013  to, law enforcement radio systems that are used by the circuit
 2014  and county courts, the offices of the public defenders, the
 2015  offices of the state attorneys, and for court-related functions
 2016  of the offices of the clerks of the circuit and county courts.
 2017  This includes radio systems that were operational or under
 2018  contract at the time Revision No. 7, 1998, to Art. V of the
 2019  State Constitution was adopted and any enhancements made
 2020  thereafter, the maintenance of those systems, and the personnel
 2021  and supplies necessary for operation.
 2022         (h) “Existing multiagency criminal justice information
 2023  systems” includes, but is not limited to, those components of
 2024  the multiagency criminal justice information system as defined
 2025  in s. 943.045, supporting the offices of the circuit or county
 2026  courts, the public defenders’ offices, the state attorneys’
 2027  offices, or those portions of the offices of the clerks of the
 2028  circuit and county courts performing court-related functions
 2029  that are used to carry out the court-related activities of those
 2030  entities. This includes upgrades and maintenance of the current
 2031  equipment, maintenance and upgrades of supporting technology
 2032  infrastructure and associated staff, and services and expenses
 2033  to assure continued information sharing and reporting of
 2034  information to the state. The counties shall also provide
 2035  additional information technology services, hardware, and
 2036  software as needed for new judges and staff of the state courts
 2037  system, state attorneys’ offices, public defenders’ offices,
 2038  guardian ad litem offices, and the offices of the clerks of the
 2039  circuit and county courts performing court-related functions.
 2040         Section 38. Paragraph (a) of subsection (1) of section
 2041  39.6011, Florida Statutes, is amended to read:
 2042         39.6011 Case plan development.—
 2043         (1) The department shall prepare a draft of the case plan
 2044  for each child receiving services under this chapter. A parent
 2045  of a child may not be threatened or coerced with the loss of
 2046  custody or parental rights for failing to admit in the case plan
 2047  of abusing, neglecting, or abandoning a child. Participating in
 2048  the development of a case plan is not an admission to any
 2049  allegation of abuse, abandonment, or neglect, and it is not a
 2050  consent to a finding of dependency or termination of parental
 2051  rights. The case plan shall be developed subject to the
 2052  following requirements:
 2053         (a) The case plan must be developed in a face-to-face
 2054  conference with the parent of the child, the any court-appointed
 2055  guardian ad litem, and, if appropriate, the child and the
 2056  temporary custodian of the child.
 2057         Section 39. Subsection (8) of section 40.24, Florida
 2058  Statutes, is amended to read:
 2059         40.24 Compensation and reimbursement policy.—
 2060         (8) In circuits that elect to allow jurors to donate their
 2061  jury service fee upon conclusion of juror service, each juror
 2062  may irrevocably donate all of the juror’s compensation to the 26
 2063  U.S.C. s. 501(c)(3) organization specified by the Statewide
 2064  Guardian ad Litem Office program or to a domestic violence
 2065  shelter as specified annually on a rotating basis by the clerk
 2066  of court in the circuit for the juror’s county of residence. The
 2067  funds collected may not reduce or offset the amount of
 2068  compensation that the Statewide Guardian ad Litem Office program
 2069  or domestic violence shelter would otherwise receive from the
 2070  state. The clerk of court shall ensure that all jurors are given
 2071  written notice at the conclusion of their service that they have
 2072  the option to so donate their compensation, and that the
 2073  applicable program specified by the Statewide Guardian ad Litem
 2074  Office program or a domestic violence shelter receives all funds
 2075  donated by the jurors. Any circuit guardian ad litem office
 2076  program receiving donations of juror compensation must expend
 2077  such moneys on services for children for whom guardians ad litem
 2078  have been appointed.
 2079         Section 40. Subsections (5), (6), and (7) of section 43.16,
 2080  Florida Statutes, are amended to read:
 2081         43.16 Justice Administrative Commission; membership, powers
 2082  and duties.—
 2083         (5) The duties of the commission shall include, but not be
 2084  limited to, the following:
 2085         (a) The maintenance of a central state office for
 2086  administrative services and assistance when possible to and on
 2087  behalf of the state attorneys and public defenders of Florida,
 2088  the capital collateral regional counsel of Florida, the criminal
 2089  conflict and civil regional counsel, and the Statewide Guardian
 2090  Ad Litem Office Program.
 2091         (b) Each state attorney, public defender, and criminal
 2092  conflict and civil regional counsel and the Statewide Guardian
 2093  Ad Litem Office Program shall continue to prepare necessary
 2094  budgets, vouchers that represent valid claims for reimbursement
 2095  by the state for authorized expenses, and other things
 2096  incidental to the proper administrative operation of the office,
 2097  such as revenue transmittals to the Chief Financial Officer and
 2098  automated systems plans, but will forward such items to the
 2099  commission for recording and submission to the proper state
 2100  officer. However, when requested by a state attorney, a public
 2101  defender, a criminal conflict and civil regional counsel, or the
 2102  Statewide Guardian Ad Litem Office Program, the commission will
 2103  either assist in the preparation of budget requests, voucher
 2104  schedules, and other forms and reports or accomplish the entire
 2105  project involved.
 2106         (6) The commission, each state attorney, each public
 2107  defender, the criminal conflict and civil regional counsel, the
 2108  capital collateral regional counsel, and the Statewide Guardian
 2109  Ad Litem Office Program shall establish and maintain internal
 2110  controls designed to:
 2111         (a) Prevent and detect fraud, waste, and abuse as defined
 2112  in s. 11.45(1).
 2113         (b) Promote and encourage compliance with applicable laws,
 2114  rules, contracts, grant agreements, and best practices.
 2115         (c) Support economical and efficient operations.
 2116         (d) Ensure reliability of financial records and reports.
 2117         (e) Safeguard assets.
 2118         (7) The provisions contained in This section is shall be
 2119  supplemental to those of chapter 27, relating to state
 2120  attorneys, public defenders, criminal conflict and civil
 2121  regional counsel, and capital collateral regional counsel; to
 2122  those of chapter 39, relating to the Statewide Guardian Ad Litem
 2123  Office Program; or to other laws pertaining hereto.
 2124         Section 41. Paragraph (a) of subsection (1) and subsection
 2125  (4) of section 61.402, Florida Statutes, are amended to read:
 2126         61.402 Qualifications of guardians ad litem.—
 2127         (1) A person appointed as a guardian ad litem pursuant to
 2128  s. 61.401 must be:
 2129         (a) Certified by the Statewide Guardian Ad Litem Office
 2130  Program pursuant to s. 39.821;
 2131         (b) Certified by a not-for-profit legal aid organization as
 2132  defined in s. 68.096; or
 2133         (c) An attorney who is a member in good standing of The
 2134  Florida Bar.
 2135         (4) Nothing in this section requires the Statewide Guardian
 2136  Ad Litem Office Program or a not-for-profit legal aid
 2137  organization to train or certify guardians ad litem appointed
 2138  under this chapter.
 2139         Section 42. Paragraph (x) of subsection (2) of section
 2140  110.205, Florida Statutes, is amended to read:
 2141         110.205 Career service; exemptions.—
 2142         (2) EXEMPT POSITIONS.—The exempt positions that are not
 2143  covered by this part include the following:
 2144         (x) All officers and employees of the Justice
 2145  Administrative Commission, Office of the State Attorney, Office
 2146  of the Public Defender, regional offices of capital collateral
 2147  counsel, offices of criminal conflict and civil regional
 2148  counsel, and Statewide Guardian Ad Litem Office, including the
 2149  circuit guardian ad litem offices programs.
 2150         Section 43. Paragraph (b) of subsection (96) of section
 2151  320.08058, Florida Statutes, is amended to read:
 2152         320.08058 Specialty license plates.—
 2153         (96) GUARDIAN AD LITEM LICENSE PLATES.—
 2154         (b) The annual use fees from the sale of the plate shall be
 2155  distributed to the Florida Guardian Ad Litem Foundation, Inc., a
 2156  direct-support organization and a nonprofit corporation under s.
 2157  501(c)(3) of the Internal Revenue Code. Up to 10 percent of the
 2158  proceeds may be used for administrative costs and the marketing
 2159  of the plate. The remainder of the proceeds must be used in this
 2160  state to support the mission and efforts of the Statewide
 2161  Guardian Ad Litem Office Program to represent abused, abandoned,
 2162  and neglected children and advocate for their best interests;
 2163  recruit and retain volunteer child advocates; and meet the
 2164  unique needs of the dependent children the program serves.
 2165         Section 44. Paragraph (e) of subsection (3) of section
 2166  943.053, Florida Statutes, is amended to read:
 2167         943.053 Dissemination of criminal justice information;
 2168  fees.—
 2169         (3)
 2170         (e) The fee per record for criminal history information
 2171  provided pursuant to this subsection and s. 943.0542 is $24 per
 2172  name submitted, except that the fee for the Statewide Guardian
 2173  Ad Litem Office program and vendors of the Department of
 2174  Children and Families, the Department of Juvenile Justice, the
 2175  Agency for Persons with Disabilities, and the Department of
 2176  Elderly Affairs is $8 for each name submitted; the fee for a
 2177  state criminal history provided for application processing as
 2178  required by law to be performed by the Department of Agriculture
 2179  and Consumer Services is $15 for each name submitted; and the
 2180  fee for requests under s. 943.0542, which implements the
 2181  National Child Protection Act, is $18 for each volunteer name
 2182  submitted. An office of the public defender or an office of
 2183  criminal conflict and civil regional counsel may not be assessed
 2184  a fee for Florida criminal history information or wanted person
 2185  information.
 2186         Section 45. Subsection (2) of section 985.43, Florida
 2187  Statutes, is amended to read:
 2188         985.43 Predisposition reports; other evaluations.—
 2189         (2) The court shall consider the child’s entire assessment
 2190  and predisposition report and shall review the records of
 2191  earlier judicial proceedings before making a final disposition
 2192  of the case. If the child is under the jurisdiction of a
 2193  dependency court, the court may receive and consider any
 2194  information provided by the Statewide Guardian Ad Litem Office
 2195  Program and the child’s attorney ad litem, if one is appointed.
 2196  The court may, by order, require additional evaluations and
 2197  studies to be performed by the department; the county school
 2198  system; or any social, psychological, or psychiatric agency of
 2199  the state. The court shall order the educational needs
 2200  assessment completed under s. 985.18(2) to be included in the
 2201  assessment and predisposition report.
 2202         Section 46. Subsection (4) of section 985.441, Florida
 2203  Statutes, is amended to read:
 2204         985.441 Commitment.—
 2205         (4) The department may transfer a child, when necessary to
 2206  appropriately administer the child’s commitment, from one
 2207  facility or program to another facility or program operated,
 2208  contracted, subcontracted, or designated by the department,
 2209  including a postcommitment nonresidential conditional release
 2210  program, except that the department may not transfer any child
 2211  adjudicated solely for a misdemeanor to a residential program
 2212  except as provided in subsection (2). The department shall
 2213  notify the court that committed the child to the department and
 2214  any attorney of record for the child, in writing, of its intent
 2215  to transfer the child from a commitment facility or program to
 2216  another facility or program of a higher or lower restrictiveness
 2217  level. If the child is under the jurisdiction of a dependency
 2218  court, the department shall also provide notice to the
 2219  dependency court, and the Department of Children and Families,
 2220  and, if appointed, the Statewide Guardian Ad Litem Office,
 2221  Program and the child’s attorney ad litem, if one is appointed.
 2222  The court that committed the child may agree to the transfer or
 2223  may set a hearing to review the transfer. If the court does not
 2224  respond within 10 days after receipt of the notice, the transfer
 2225  of the child shall be deemed granted.
 2226         Section 47. Subsection (3) of section 985.455, Florida
 2227  Statutes, is amended to read:
 2228         985.455 Other dispositional issues.—
 2229         (3) Any commitment of a delinquent child to the department
 2230  must be for an indeterminate period of time, which may include
 2231  periods of temporary release; however, the period of time may
 2232  not exceed the maximum term of imprisonment that an adult may
 2233  serve for the same offense, except that the duration of a
 2234  minimum-risk nonresidential commitment for an offense that is a
 2235  misdemeanor of the second degree, or is equivalent to a
 2236  misdemeanor of the second degree, may be for a period not to
 2237  exceed 6 months. The duration of the child’s placement in a
 2238  commitment program of any restrictiveness level shall be based
 2239  on objective performance-based treatment planning. The child’s
 2240  treatment plan progress and adjustment-related issues shall be
 2241  reported to the court quarterly, unless the court requests
 2242  monthly reports. If the child is under the jurisdiction of a
 2243  dependency court, the court may receive and consider any
 2244  information provided by the Statewide Guardian Ad Litem Office
 2245  Program or the child’s attorney ad litem, if one is appointed.
 2246  The child’s length of stay in a commitment program may be
 2247  extended if the child fails to comply with or participate in
 2248  treatment activities. The child’s length of stay in the program
 2249  shall not be extended for purposes of sanction or punishment.
 2250  Any temporary release from such program must be approved by the
 2251  court. Any child so committed may be discharged from
 2252  institutional confinement or a program upon the direction of the
 2253  department with the concurrence of the court. The child’s
 2254  treatment plan progress and adjustment-related issues must be
 2255  communicated to the court at the time the department requests
 2256  the court to consider releasing the child from the commitment
 2257  program. The department shall give the court that committed the
 2258  child to the department reasonable notice, in writing, of its
 2259  desire to discharge the child from a commitment facility. The
 2260  court that committed the child may thereafter accept or reject
 2261  the request. If the court does not respond within 10 days after
 2262  receipt of the notice, the request of the department shall be
 2263  deemed granted. This section does not limit the department’s
 2264  authority to revoke a child’s temporary release status and
 2265  return the child to a commitment facility for any violation of
 2266  the terms and conditions of the temporary release.
 2267         Section 48. Paragraph (b) of subsection (4) of section
 2268  985.461, Florida Statutes, is amended to read:
 2269         985.461 Transition to adulthood.—
 2270         (4) As part of the child’s treatment plan, the department
 2271  may provide transition-to-adulthood services to children
 2272  released from residential commitment. To support participation
 2273  in transition-to-adulthood services and subject to
 2274  appropriation, the department may:
 2275         (b) Use community reentry teams to assist in the
 2276  development of a list of age-appropriate activities and
 2277  responsibilities to be incorporated in the child’s written case
 2278  plan for any youth who is under the custody or supervision of
 2279  the department. Community reentry teams may include
 2280  representatives from school districts, law enforcement,
 2281  workforce development services, community-based service
 2282  providers, the Statewide Guardian Ad Litem Office Program, and
 2283  the youth’s family. Such community reentry teams must be created
 2284  within existing resources provided to the department. Activities
 2285  may include, but are not limited to, life skills training,
 2286  including training to develop banking and budgeting skills,
 2287  interviewing and career planning skills, parenting skills,
 2288  personal health management, and time management or
 2289  organizational skills; educational support; employment training;
 2290  and counseling.
 2291         Section 49. Subsection (11) of section 985.48, Florida
 2292  Statutes, is amended to read:
 2293         985.48 Juvenile sexual offender commitment programs; sexual
 2294  abuse intervention networks.—
 2295         (11) Membership of a sexual abuse intervention network
 2296  shall include, but is not limited to, representatives from:
 2297         (a) Local law enforcement agencies;
 2298         (b) Local school boards;
 2299         (c) Child protective investigators;
 2300         (d) The office of the state attorney;
 2301         (e) The office of the public defender;
 2302         (f) The juvenile division of the circuit court;
 2303         (g) Professionals licensed under chapter 458, chapter 459,
 2304  s. 490.0145, or s. 491.0144 providing treatment for juvenile
 2305  sexual offenders or their victims;
 2306         (h) The Statewide Guardian Ad Litem Office program;
 2307         (i) The Department of Juvenile Justice; and
 2308         (j) The Department of Children and Families.
 2309         Section 50. Subsection (1) of section 39.302, Florida
 2310  Statutes, is amended to read:
 2311         39.302 Protective investigations of institutional child
 2312  abuse, abandonment, or neglect.—
 2313         (1) The department shall conduct a child protective
 2314  investigation of each report of institutional child abuse,
 2315  abandonment, or neglect. Upon receipt of a report that alleges
 2316  that an employee or agent of the department, or any other entity
 2317  or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54),
 2318  acting in an official capacity, has committed an act of child
 2319  abuse, abandonment, or neglect, the department shall initiate a
 2320  child protective investigation within the timeframe established
 2321  under s. 39.101(2) and notify the appropriate state attorney,
 2322  law enforcement agency, and licensing agency, which shall
 2323  immediately conduct a joint investigation, unless independent
 2324  investigations are more feasible. When conducting investigations
 2325  or having face-to-face interviews with the child, investigation
 2326  visits shall be unannounced unless it is determined by the
 2327  department or its agent that unannounced visits threaten the
 2328  safety of the child. If a facility is exempt from licensing, the
 2329  department shall inform the owner or operator of the facility of
 2330  the report. Each agency conducting a joint investigation is
 2331  entitled to full access to the information gathered by the
 2332  department in the course of the investigation. A protective
 2333  investigation must include an interview with the child’s parent
 2334  or legal guardian. The department shall make a full written
 2335  report to the state attorney within 3 business days after making
 2336  the oral report. A criminal investigation shall be coordinated,
 2337  whenever possible, with the child protective investigation of
 2338  the department. Any interested person who has information
 2339  regarding the offenses described in this subsection may forward
 2340  a statement to the state attorney as to whether prosecution is
 2341  warranted and appropriate. Within 15 days after the completion
 2342  of the investigation, the state attorney shall report the
 2343  findings to the department and shall include in the report a
 2344  determination of whether or not prosecution is justified and
 2345  appropriate in view of the circumstances of the specific case.
 2346         Section 51. Paragraph (c) of subsection (1) of section
 2347  39.521, Florida Statutes, is amended to read:
 2348         39.521 Disposition hearings; powers of disposition.—
 2349         (1) A disposition hearing shall be conducted by the court,
 2350  if the court finds that the facts alleged in the petition for
 2351  dependency were proven in the adjudicatory hearing, or if the
 2352  parents or legal custodians have consented to the finding of
 2353  dependency or admitted the allegations in the petition, have
 2354  failed to appear for the arraignment hearing after proper
 2355  notice, or have not been located despite a diligent search
 2356  having been conducted.
 2357         (c) When any child is adjudicated by a court to be
 2358  dependent, the court having jurisdiction of the child has the
 2359  power by order to:
 2360         1. Require the parent and, when appropriate, the legal
 2361  guardian or the child to participate in treatment and services
 2362  identified as necessary. The court may require the person who
 2363  has custody or who is requesting custody of the child to submit
 2364  to a mental health or substance abuse disorder assessment or
 2365  evaluation. The order may be made only upon good cause shown and
 2366  pursuant to notice and procedural requirements provided under
 2367  the Florida Rules of Juvenile Procedure. The mental health
 2368  assessment or evaluation must be administered by a qualified
 2369  professional as defined in s. 39.01, and the substance abuse
 2370  assessment or evaluation must be administered by a qualified
 2371  professional as defined in s. 397.311. The court may also
 2372  require such person to participate in and comply with treatment
 2373  and services identified as necessary, including, when
 2374  appropriate and available, participation in and compliance with
 2375  a mental health court program established under chapter 394 or a
 2376  treatment-based drug court program established under s. 397.334.
 2377  Adjudication of a child as dependent based upon evidence of harm
 2378  as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good
 2379  cause, and the court shall require the parent whose actions
 2380  caused the harm to submit to a substance abuse disorder
 2381  assessment or evaluation and to participate and comply with
 2382  treatment and services identified in the assessment or
 2383  evaluation as being necessary. In addition to supervision by the
 2384  department, the court, including the mental health court program
 2385  or the treatment-based drug court program, may oversee the
 2386  progress and compliance with treatment by a person who has
 2387  custody or is requesting custody of the child. The court may
 2388  impose appropriate available sanctions for noncompliance upon a
 2389  person who has custody or is requesting custody of the child or
 2390  make a finding of noncompliance for consideration in determining
 2391  whether an alternative placement of the child is in the child’s
 2392  best interests. Any order entered under this subparagraph may be
 2393  made only upon good cause shown. This subparagraph does not
 2394  authorize placement of a child with a person seeking custody of
 2395  the child, other than the child’s parent or legal custodian, who
 2396  requires mental health or substance abuse disorder treatment.
 2397         2. Require, if the court deems necessary, the parties to
 2398  participate in dependency mediation.
 2399         3. Require placement of the child either under the
 2400  protective supervision of an authorized agent of the department
 2401  in the home of one or both of the child’s parents or in the home
 2402  of a relative of the child or another adult approved by the
 2403  court, or in the custody of the department. Protective
 2404  supervision continues until the court terminates it or until the
 2405  child reaches the age of 18, whichever date is first. Protective
 2406  supervision shall be terminated by the court whenever the court
 2407  determines that permanency has been achieved for the child,
 2408  whether with a parent, another relative, or a legal custodian,
 2409  and that protective supervision is no longer needed. The
 2410  termination of supervision may be with or without retaining
 2411  jurisdiction, at the court’s discretion, and shall in either
 2412  case be considered a permanency option for the child. The order
 2413  terminating supervision by the department must set forth the
 2414  powers of the custodian of the child and include the powers
 2415  ordinarily granted to a guardian of the person of a minor unless
 2416  otherwise specified. Upon the court’s termination of supervision
 2417  by the department, further judicial reviews are not required if
 2418  permanency has been established for the child.
 2419         4. Determine whether the child has a strong attachment to
 2420  the prospective permanent guardian and whether such guardian has
 2421  a strong commitment to permanently caring for the child.
 2422         Section 52. Paragraph (c) of subsection (2) of section
 2423  61.13, Florida Statutes, is amended to read:
 2424         61.13 Support of children; parenting and time-sharing;
 2425  powers of court.—
 2426         (2)
 2427         (c) The court shall determine all matters relating to
 2428  parenting and time-sharing of each minor child of the parties in
 2429  accordance with the best interests of the child and in
 2430  accordance with the Uniform Child Custody Jurisdiction and
 2431  Enforcement Act, except that modification of a parenting plan
 2432  and time-sharing schedule requires a showing of a substantial
 2433  and material change of circumstances.
 2434         1. It is the public policy of this state that each minor
 2435  child has frequent and continuing contact with both parents
 2436  after the parents separate or the marriage of the parties is
 2437  dissolved and to encourage parents to share the rights and
 2438  responsibilities, and joys, of childrearing. Unless otherwise
 2439  provided in this section or agreed to by the parties, there is a
 2440  rebuttable presumption that equal time-sharing of a minor child
 2441  is in the best interests of the minor child. To rebut this
 2442  presumption, a party must prove by a preponderance of the
 2443  evidence that equal time-sharing is not in the best interests of
 2444  the minor child. Except when a time-sharing schedule is agreed
 2445  to by the parties and approved by the court, the court must
 2446  evaluate all of the factors set forth in subsection (3) and make
 2447  specific written findings of fact when creating or modifying a
 2448  time-sharing schedule.
 2449         2. The court shall order that the parental responsibility
 2450  for a minor child be shared by both parents unless the court
 2451  finds that shared parental responsibility would be detrimental
 2452  to the child. In determining detriment to the child, the court
 2453  shall consider:
 2454         a. Evidence of domestic violence, as defined in s. 741.28;
 2455         b. Whether either parent has or has had reasonable cause to
 2456  believe that he or she or his or her minor child or children are
 2457  or have been in imminent danger of becoming victims of an act of
 2458  domestic violence as defined in s. 741.28 or sexual violence as
 2459  defined in s. 784.046(1)(c) by the other parent against the
 2460  parent or against the child or children whom the parents share
 2461  in common regardless of whether a cause of action has been
 2462  brought or is currently pending in the court;
 2463         c. Whether either parent has or has had reasonable cause to
 2464  believe that his or her minor child or children are or have been
 2465  in imminent danger of becoming victims of an act of abuse as
 2466  defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
 2467  or neglect, as those terms are defined in s. 39.01, s. 39.01(50)
 2468  by the other parent against the child or children whom the
 2469  parents share in common regardless of whether a cause of action
 2470  has been brought or is currently pending in the court; and
 2471         d. Any other relevant factors.
 2472         3. The following evidence creates a rebuttable presumption
 2473  that shared parental responsibility is detrimental to the child:
 2474         a. A parent has been convicted of a misdemeanor of the
 2475  first degree or higher involving domestic violence, as defined
 2476  in s. 741.28 and chapter 775;
 2477         b. A parent meets the criteria of s. 39.806(1)(d); or
 2478         c. A parent has been convicted of or had adjudication
 2479  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
 2480  at the time of the offense:
 2481         (I) The parent was 18 years of age or older.
 2482         (II) The victim was under 18 years of age or the parent
 2483  believed the victim to be under 18 years of age.
 2484  
 2485  If the presumption is not rebutted after the convicted parent is
 2486  advised by the court that the presumption exists, shared
 2487  parental responsibility, including time-sharing with the child,
 2488  and decisions made regarding the child, may not be granted to
 2489  the convicted parent. However, the convicted parent is not
 2490  relieved of any obligation to provide financial support. If the
 2491  court determines that shared parental responsibility would be
 2492  detrimental to the child, it may order sole parental
 2493  responsibility and make such arrangements for time-sharing as
 2494  specified in the parenting plan as will best protect the child
 2495  or abused spouse from further harm. Whether or not there is a
 2496  conviction of any offense of domestic violence or child abuse or
 2497  the existence of an injunction for protection against domestic
 2498  violence, the court shall consider evidence of domestic violence
 2499  or child abuse as evidence of detriment to the child.
 2500         4. In ordering shared parental responsibility, the court
 2501  may consider the expressed desires of the parents and may grant
 2502  to one party the ultimate responsibility over specific aspects
 2503  of the child’s welfare or may divide those responsibilities
 2504  between the parties based on the best interests of the child.
 2505  Areas of responsibility may include education, health care, and
 2506  any other responsibilities that the court finds unique to a
 2507  particular family.
 2508         5. The court shall order sole parental responsibility for a
 2509  minor child to one parent, with or without time-sharing with the
 2510  other parent if it is in the best interests of the minor child.
 2511         6. There is a rebuttable presumption against granting time
 2512  sharing with a minor child if a parent has been convicted of or
 2513  had adjudication withheld for an offense enumerated in s.
 2514  943.0435(1)(h)1.a., and at the time of the offense:
 2515         a. The parent was 18 years of age or older.
 2516         b. The victim was under 18 years of age or the parent
 2517  believed the victim to be under 18 years of age.
 2518  
 2519  A parent may rebut the presumption upon a specific finding in
 2520  writing by the court that the parent poses no significant risk
 2521  of harm to the child and that time-sharing is in the best
 2522  interests of the minor child. If the presumption is rebutted,
 2523  the court must consider all time-sharing factors in subsection
 2524  (3) when developing a time-sharing schedule.
 2525         7. Access to records and information pertaining to a minor
 2526  child, including, but not limited to, medical, dental, and
 2527  school records, may not be denied to either parent. Full rights
 2528  under this subparagraph apply to either parent unless a court
 2529  order specifically revokes these rights, including any
 2530  restrictions on these rights as provided in a domestic violence
 2531  injunction. A parent having rights under this subparagraph has
 2532  the same rights upon request as to form, substance, and manner
 2533  of access as are available to the other parent of a child,
 2534  including, without limitation, the right to in-person
 2535  communication with medical, dental, and education providers.
 2536         Section 53. Paragraph (d) of subsection (4) of section
 2537  119.071, Florida Statutes, is amended to read:
 2538         119.071 General exemptions from inspection or copying of
 2539  public records.—
 2540         (4) AGENCY PERSONNEL INFORMATION.—
 2541         (d)1. For purposes of this paragraph, the term:
 2542         a. “Home addresses” means the dwelling location at which an
 2543  individual resides and includes the physical address, mailing
 2544  address, street address, parcel identification number, plot
 2545  identification number, legal property description, neighborhood
 2546  name and lot number, GPS coordinates, and any other descriptive
 2547  property information that may reveal the home address.
 2548         b. “Judicial assistant” means a court employee assigned to
 2549  the following class codes: 8140, 8150, 8310, and 8320.
 2550         c. “Telephone numbers” includes home telephone numbers,
 2551  personal cellular telephone numbers, personal pager telephone
 2552  numbers, and telephone numbers associated with personal
 2553  communications devices.
 2554         2.a. The home addresses, telephone numbers, dates of birth,
 2555  and photographs of active or former sworn law enforcement
 2556  personnel or of active or former civilian personnel employed by
 2557  a law enforcement agency, including correctional and
 2558  correctional probation officers, personnel of the Department of
 2559  Children and Families whose duties include the investigation of
 2560  abuse, neglect, exploitation, fraud, theft, or other criminal
 2561  activities, personnel of the Department of Health whose duties
 2562  are to support the investigation of child abuse or neglect, and
 2563  personnel of the Department of Revenue or local governments
 2564  whose responsibilities include revenue collection and
 2565  enforcement or child support enforcement; the names, home
 2566  addresses, telephone numbers, photographs, dates of birth, and
 2567  places of employment of the spouses and children of such
 2568  personnel; and the names and locations of schools and day care
 2569  facilities attended by the children of such personnel are exempt
 2570  from s. 119.07(1) and s. 24(a), Art. I of the State
 2571  Constitution.
 2572         b. The home addresses, telephone numbers, dates of birth,
 2573  and photographs of current or former nonsworn investigative
 2574  personnel of the Department of Financial Services whose duties
 2575  include the investigation of fraud, theft, workers’ compensation
 2576  coverage requirements and compliance, other related criminal
 2577  activities, or state regulatory requirement violations; the
 2578  names, home addresses, telephone numbers, dates of birth, and
 2579  places of employment of the spouses and children of such
 2580  personnel; and the names and locations of schools and day care
 2581  facilities attended by the children of such personnel are exempt
 2582  from s. 119.07(1) and s. 24(a), Art. I of the State
 2583  Constitution.
 2584         c. The home addresses, telephone numbers, dates of birth,
 2585  and photographs of current or former nonsworn investigative
 2586  personnel of the Office of Financial Regulation’s Bureau of
 2587  Financial Investigations whose duties include the investigation
 2588  of fraud, theft, other related criminal activities, or state
 2589  regulatory requirement violations; the names, home addresses,
 2590  telephone numbers, dates of birth, and places of employment of
 2591  the spouses and children of such personnel; and the names and
 2592  locations of schools and day care facilities attended by the
 2593  children of such personnel are exempt from s. 119.07(1) and s.
 2594  24(a), Art. I of the State Constitution.
 2595         d. The home addresses, telephone numbers, dates of birth,
 2596  and photographs of current or former firefighters certified in
 2597  compliance with s. 633.408; the names, home addresses, telephone
 2598  numbers, photographs, dates of birth, and places of employment
 2599  of the spouses and children of such firefighters; and the names
 2600  and locations of schools and day care facilities attended by the
 2601  children of such firefighters are exempt from s. 119.07(1) and
 2602  s. 24(a), Art. I of the State Constitution.
 2603         e. The home addresses, dates of birth, and telephone
 2604  numbers of current or former justices of the Supreme Court,
 2605  district court of appeal judges, circuit court judges, and
 2606  county court judges, and of current judicial assistants; the
 2607  names, home addresses, telephone numbers, dates of birth, and
 2608  places of employment of the spouses and children of current or
 2609  former justices and judges and of current judicial assistants;
 2610  and the names and locations of schools and day care facilities
 2611  attended by the children of current or former justices and
 2612  judges and of current judicial assistants are exempt from s.
 2613  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 2614  sub-subparagraph is subject to the Open Government Sunset Review
 2615  Act in accordance with s. 119.15 and shall stand repealed on
 2616  October 2, 2028, unless reviewed and saved from repeal through
 2617  reenactment by the Legislature.
 2618         f. The home addresses, telephone numbers, dates of birth,
 2619  and photographs of current or former state attorneys, assistant
 2620  state attorneys, statewide prosecutors, or assistant statewide
 2621  prosecutors; the names, home addresses, telephone numbers,
 2622  photographs, dates of birth, and places of employment of the
 2623  spouses and children of current or former state attorneys,
 2624  assistant state attorneys, statewide prosecutors, or assistant
 2625  statewide prosecutors; and the names and locations of schools
 2626  and day care facilities attended by the children of current or
 2627  former state attorneys, assistant state attorneys, statewide
 2628  prosecutors, or assistant statewide prosecutors are exempt from
 2629  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2630         g. The home addresses, dates of birth, and telephone
 2631  numbers of general magistrates, special magistrates, judges of
 2632  compensation claims, administrative law judges of the Division
 2633  of Administrative Hearings, and child support enforcement
 2634  hearing officers; the names, home addresses, telephone numbers,
 2635  dates of birth, and places of employment of the spouses and
 2636  children of general magistrates, special magistrates, judges of
 2637  compensation claims, administrative law judges of the Division
 2638  of Administrative Hearings, and child support enforcement
 2639  hearing officers; and the names and locations of schools and day
 2640  care facilities attended by the children of general magistrates,
 2641  special magistrates, judges of compensation claims,
 2642  administrative law judges of the Division of Administrative
 2643  Hearings, and child support enforcement hearing officers are
 2644  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2645  Constitution.
 2646         h. The home addresses, telephone numbers, dates of birth,
 2647  and photographs of current or former human resource, labor
 2648  relations, or employee relations directors, assistant directors,
 2649  managers, or assistant managers of any local government agency
 2650  or water management district whose duties include hiring and
 2651  firing employees, labor contract negotiation, administration, or
 2652  other personnel-related duties; the names, home addresses,
 2653  telephone numbers, dates of birth, and places of employment of
 2654  the spouses and children of such personnel; and the names and
 2655  locations of schools and day care facilities attended by the
 2656  children of such personnel are exempt from s. 119.07(1) and s.
 2657  24(a), Art. I of the State Constitution.
 2658         i. The home addresses, telephone numbers, dates of birth,
 2659  and photographs of current or former code enforcement officers;
 2660  the names, home addresses, telephone numbers, dates of birth,
 2661  and places of employment of the spouses and children of such
 2662  personnel; and the names and locations of schools and day care
 2663  facilities attended by the children of such personnel are exempt
 2664  from s. 119.07(1) and s. 24(a), Art. I of the State
 2665  Constitution.
 2666         j. The home addresses, telephone numbers, places of
 2667  employment, dates of birth, and photographs of current or former
 2668  guardians ad litem, as defined in s. 39.01 s. 39.820; the names,
 2669  home addresses, telephone numbers, dates of birth, and places of
 2670  employment of the spouses and children of such persons; and the
 2671  names and locations of schools and day care facilities attended
 2672  by the children of such persons are exempt from s. 119.07(1) and
 2673  s. 24(a), Art. I of the State Constitution.
 2674         k. The home addresses, telephone numbers, dates of birth,
 2675  and photographs of current or former juvenile probation
 2676  officers, juvenile probation supervisors, detention
 2677  superintendents, assistant detention superintendents, juvenile
 2678  justice detention officers I and II, juvenile justice detention
 2679  officer supervisors, juvenile justice residential officers,
 2680  juvenile justice residential officer supervisors I and II,
 2681  juvenile justice counselors, juvenile justice counselor
 2682  supervisors, human services counselor administrators, senior
 2683  human services counselor administrators, rehabilitation
 2684  therapists, and social services counselors of the Department of
 2685  Juvenile Justice; the names, home addresses, telephone numbers,
 2686  dates of birth, and places of employment of spouses and children
 2687  of such personnel; and the names and locations of schools and
 2688  day care facilities attended by the children of such personnel
 2689  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2690  Constitution.
 2691         l. The home addresses, telephone numbers, dates of birth,
 2692  and photographs of current or former public defenders, assistant
 2693  public defenders, criminal conflict and civil regional counsel,
 2694  and assistant criminal conflict and civil regional counsel; the
 2695  names, home addresses, telephone numbers, dates of birth, and
 2696  places of employment of the spouses and children of current or
 2697  former public defenders, assistant public defenders, criminal
 2698  conflict and civil regional counsel, and assistant criminal
 2699  conflict and civil regional counsel; and the names and locations
 2700  of schools and day care facilities attended by the children of
 2701  current or former public defenders, assistant public defenders,
 2702  criminal conflict and civil regional counsel, and assistant
 2703  criminal conflict and civil regional counsel are exempt from s.
 2704  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2705         m. The home addresses, telephone numbers, dates of birth,
 2706  and photographs of current or former investigators or inspectors
 2707  of the Department of Business and Professional Regulation; the
 2708  names, home addresses, telephone numbers, dates of birth, and
 2709  places of employment of the spouses and children of such current
 2710  or former investigators and inspectors; and the names and
 2711  locations of schools and day care facilities attended by the
 2712  children of such current or former investigators and inspectors
 2713  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2714  Constitution.
 2715         n. The home addresses, telephone numbers, and dates of
 2716  birth of county tax collectors; the names, home addresses,
 2717  telephone numbers, dates of birth, and places of employment of
 2718  the spouses and children of such tax collectors; and the names
 2719  and locations of schools and day care facilities attended by the
 2720  children of such tax collectors are exempt from s. 119.07(1) and
 2721  s. 24(a), Art. I of the State Constitution.
 2722         o. The home addresses, telephone numbers, dates of birth,
 2723  and photographs of current or former personnel of the Department
 2724  of Health whose duties include, or result in, the determination
 2725  or adjudication of eligibility for social security disability
 2726  benefits, the investigation or prosecution of complaints filed
 2727  against health care practitioners, or the inspection of health
 2728  care practitioners or health care facilities licensed by the
 2729  Department of Health; the names, home addresses, telephone
 2730  numbers, dates of birth, and places of employment of the spouses
 2731  and children of such personnel; and the names and locations of
 2732  schools and day care facilities attended by the children of such
 2733  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2734  the State Constitution.
 2735         p. The home addresses, telephone numbers, dates of birth,
 2736  and photographs of current or former impaired practitioner
 2737  consultants who are retained by an agency or current or former
 2738  employees of an impaired practitioner consultant whose duties
 2739  result in a determination of a person’s skill and safety to
 2740  practice a licensed profession; the names, home addresses,
 2741  telephone numbers, dates of birth, and places of employment of
 2742  the spouses and children of such consultants or their employees;
 2743  and the names and locations of schools and day care facilities
 2744  attended by the children of such consultants or employees are
 2745  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2746  Constitution.
 2747         q. The home addresses, telephone numbers, dates of birth,
 2748  and photographs of current or former emergency medical
 2749  technicians or paramedics certified under chapter 401; the
 2750  names, home addresses, telephone numbers, dates of birth, and
 2751  places of employment of the spouses and children of such
 2752  emergency medical technicians or paramedics; and the names and
 2753  locations of schools and day care facilities attended by the
 2754  children of such emergency medical technicians or paramedics are
 2755  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2756  Constitution.
 2757         r. The home addresses, telephone numbers, dates of birth,
 2758  and photographs of current or former personnel employed in an
 2759  agency’s office of inspector general or internal audit
 2760  department whose duties include auditing or investigating waste,
 2761  fraud, abuse, theft, exploitation, or other activities that
 2762  could lead to criminal prosecution or administrative discipline;
 2763  the names, home addresses, telephone numbers, dates of birth,
 2764  and places of employment of spouses and children of such
 2765  personnel; and the names and locations of schools and day care
 2766  facilities attended by the children of such personnel are exempt
 2767  from s. 119.07(1) and s. 24(a), Art. I of the State
 2768  Constitution.
 2769         s. The home addresses, telephone numbers, dates of birth,
 2770  and photographs of current or former directors, managers,
 2771  supervisors, nurses, and clinical employees of an addiction
 2772  treatment facility; the home addresses, telephone numbers,
 2773  photographs, dates of birth, and places of employment of the
 2774  spouses and children of such personnel; and the names and
 2775  locations of schools and day care facilities attended by the
 2776  children of such personnel are exempt from s. 119.07(1) and s.
 2777  24(a), Art. I of the State Constitution. For purposes of this
 2778  sub-subparagraph, the term “addiction treatment facility” means
 2779  a county government, or agency thereof, that is licensed
 2780  pursuant to s. 397.401 and provides substance abuse prevention,
 2781  intervention, or clinical treatment, including any licensed
 2782  service component described in s. 397.311(26).
 2783         t. The home addresses, telephone numbers, dates of birth,
 2784  and photographs of current or former directors, managers,
 2785  supervisors, and clinical employees of a child advocacy center
 2786  that meets the standards of s. 39.3035(2) and fulfills the
 2787  screening requirement of s. 39.3035(3), and the members of a
 2788  Child Protection Team as described in s. 39.303 whose duties
 2789  include supporting the investigation of child abuse or sexual
 2790  abuse, child abandonment, child neglect, and child exploitation
 2791  or to provide services as part of a multidisciplinary case
 2792  review team; the names, home addresses, telephone numbers,
 2793  photographs, dates of birth, and places of employment of the
 2794  spouses and children of such personnel and members; and the
 2795  names and locations of schools and day care facilities attended
 2796  by the children of such personnel and members are exempt from s.
 2797  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2798         u. The home addresses, telephone numbers, places of
 2799  employment, dates of birth, and photographs of current or former
 2800  staff and domestic violence advocates, as defined in s.
 2801  90.5036(1)(b), of domestic violence centers certified by the
 2802  Department of Children and Families under chapter 39; the names,
 2803  home addresses, telephone numbers, places of employment, dates
 2804  of birth, and photographs of the spouses and children of such
 2805  personnel; and the names and locations of schools and day care
 2806  facilities attended by the children of such personnel are exempt
 2807  from s. 119.07(1) and s. 24(a), Art. I of the State
 2808  Constitution.
 2809         v. The home addresses, telephone numbers, dates of birth,
 2810  and photographs of current or former inspectors or investigators
 2811  of the Department of Agriculture and Consumer Services; the
 2812  names, home addresses, telephone numbers, dates of birth, and
 2813  places of employment of the spouses and children of current or
 2814  former inspectors or investigators; and the names and locations
 2815  of schools and day care facilities attended by the children of
 2816  current or former inspectors or investigators are exempt from s.
 2817  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 2818  sub-subparagraph is subject to the Open Government Sunset Review
 2819  Act in accordance with s. 119.15 and shall stand repealed on
 2820  October 2, 2028, unless reviewed and saved from repeal through
 2821  reenactment by the Legislature.
 2822         3. An agency that is the custodian of the information
 2823  specified in subparagraph 2. and that is not the employer of the
 2824  officer, employee, justice, judge, or other person specified in
 2825  subparagraph 2. must maintain the exempt status of that
 2826  information only if the officer, employee, justice, judge, other
 2827  person, or employing agency of the designated employee submits a
 2828  written and notarized request for maintenance of the exemption
 2829  to the custodial agency. The request must state under oath the
 2830  statutory basis for the individual’s exemption request and
 2831  confirm the individual’s status as a party eligible for exempt
 2832  status.
 2833         4.a. A county property appraiser, as defined in s.
 2834  192.001(3), or a county tax collector, as defined in s.
 2835  192.001(4), who receives a written and notarized request for
 2836  maintenance of the exemption pursuant to subparagraph 3. must
 2837  comply by removing the name of the individual with exempt status
 2838  and the instrument number or Official Records book and page
 2839  number identifying the property with the exempt status from all
 2840  publicly available records maintained by the property appraiser
 2841  or tax collector. For written requests received on or before
 2842  July 1, 2021, a county property appraiser or county tax
 2843  collector must comply with this sub-subparagraph by October 1,
 2844  2021. A county property appraiser or county tax collector may
 2845  not remove the street address, legal description, or other
 2846  information identifying real property within the agency’s
 2847  records so long as a name or personal information otherwise
 2848  exempt from inspection and copying pursuant to this section is
 2849  not associated with the property or otherwise displayed in the
 2850  public records of the agency.
 2851         b. Any information restricted from public display,
 2852  inspection, or copying under sub-subparagraph a. must be
 2853  provided to the individual whose information was removed.
 2854         5. An officer, an employee, a justice, a judge, or other
 2855  person specified in subparagraph 2. may submit a written request
 2856  for the release of his or her exempt information to the
 2857  custodial agency. The written request must be notarized and must
 2858  specify the information to be released and the party authorized
 2859  to receive the information. Upon receipt of the written request,
 2860  the custodial agency must release the specified information to
 2861  the party authorized to receive such information.
 2862         6. The exemptions in this paragraph apply to information
 2863  held by an agency before, on, or after the effective date of the
 2864  exemption.
 2865         7. Information made exempt under this paragraph may be
 2866  disclosed pursuant to s. 28.2221 to a title insurer authorized
 2867  pursuant to s. 624.401 and its affiliates as defined in s.
 2868  624.10; a title insurance agent or title insurance agency as
 2869  defined in s. 626.841(1) or (2), respectively; or an attorney
 2870  duly admitted to practice law in this state and in good standing
 2871  with The Florida Bar.
 2872         8. The exempt status of a home address contained in the
 2873  Official Records is maintained only during the period when a
 2874  protected party resides at the dwelling location. Upon
 2875  conveyance of real property after October 1, 2021, and when such
 2876  real property no longer constitutes a protected party’s home
 2877  address as defined in sub-subparagraph 1.a., the protected party
 2878  must submit a written request to release the removed information
 2879  to the county recorder. The written request to release the
 2880  removed information must be notarized, must confirm that a
 2881  protected party’s request for release is pursuant to a
 2882  conveyance of his or her dwelling location, and must specify the
 2883  Official Records book and page, instrument number, or clerk’s
 2884  file number for each document containing the information to be
 2885  released.
 2886         9. Upon the death of a protected party as verified by a
 2887  certified copy of a death certificate or court order, any party
 2888  can request the county recorder to release a protected
 2889  decedent’s removed information unless there is a related request
 2890  on file with the county recorder for continued removal of the
 2891  decedent’s information or unless such removal is otherwise
 2892  prohibited by statute or by court order. The written request to
 2893  release the removed information upon the death of a protected
 2894  party must attach the certified copy of a death certificate or
 2895  court order and must be notarized, must confirm the request for
 2896  release is due to the death of a protected party, and must
 2897  specify the Official Records book and page number, instrument
 2898  number, or clerk’s file number for each document containing the
 2899  information to be released. A fee may not be charged for the
 2900  release of any document pursuant to such request.
 2901         10. Except as otherwise expressly provided in this
 2902  paragraph, this paragraph is subject to the Open Government
 2903  Sunset Review Act in accordance with s. 119.15 and shall stand
 2904  repealed on October 2, 2024, unless reviewed and saved from
 2905  repeal through reenactment by the Legislature.
 2906         Section 54. Subsection (4) of section 322.09, Florida
 2907  Statutes, is amended to read:
 2908         322.09 Application of minors; responsibility for negligence
 2909  or misconduct of minor.—
 2910         (4) Notwithstanding subsections (1) and (2), if a caregiver
 2911  of a minor who is under the age of 18 years and is in out-of
 2912  home care as defined in s. 39.01 s. 39.01(55), an authorized
 2913  representative of a residential group home at which such a minor
 2914  resides, the caseworker at the agency at which the state has
 2915  placed the minor, or a guardian ad litem specifically authorized
 2916  by the minor’s caregiver to sign for a learner’s driver license
 2917  signs the minor’s application for a learner’s driver license,
 2918  that caregiver, group home representative, caseworker, or
 2919  guardian ad litem does not assume any obligation or become
 2920  liable for any damages caused by the negligence or willful
 2921  misconduct of the minor by reason of having signed the
 2922  application. Before signing the application, the caseworker,
 2923  authorized group home representative, or guardian ad litem shall
 2924  notify the caregiver or other responsible party of his or her
 2925  intent to sign and verify the application.
 2926         Section 55. Paragraph (p) of subsection (4) of section
 2927  394.495, Florida Statutes, is amended to read:
 2928         394.495 Child and adolescent mental health system of care;
 2929  programs and services.—
 2930         (4) The array of services may include, but is not limited
 2931  to:
 2932         (p) Trauma-informed services for children who have suffered
 2933  sexual exploitation as defined in s. 39.01(80)(g) s.
 2934  39.01(77)(g).
 2935         Section 56. Section 627.746, Florida Statutes, is amended
 2936  to read:
 2937         627.746 Coverage for minors who have a learner’s driver
 2938  license; additional premium prohibited.—An insurer that issues
 2939  an insurance policy on a private passenger motor vehicle to a
 2940  named insured who is a caregiver of a minor who is under the age
 2941  of 18 years and is in out-of-home care as defined in s. 39.01 s.
 2942  39.01(55) may not charge an additional premium for coverage of
 2943  the minor while the minor is operating the insured vehicle, for
 2944  the period of time that the minor has a learner’s driver
 2945  license, until such time as the minor obtains a driver license.
 2946         Section 57. Paragraph (c) of subsection (1) of section
 2947  934.255, Florida Statutes, is amended to read:
 2948         934.255 Subpoenas in investigations of sexual offenses.—
 2949         (1) As used in this section, the term:
 2950         (c) “Sexual abuse of a child” means a criminal offense
 2951  based on any conduct described in s. 39.01(80) s. 39.01(77).
 2952         Section 58. Subsection (5) of section 960.065, Florida
 2953  Statutes, is amended to read:
 2954         960.065 Eligibility for awards.—
 2955         (5) A person is not ineligible for an award pursuant to
 2956  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2957  person is a victim of sexual exploitation of a child as defined
 2958  in s. 39.01(80)(g) s. 39.01(77)(g).
 2959         Section 59. The Division of Law Revision is requested to
 2960  prepare a reviser’s bill for the 2025 Regular Session of the
 2961  Legislature to substitute the term “Statewide Guardian ad Litem
 2962  Office” for the term “Guardian ad Litem Program” or “Statewide
 2963  Guardian ad Litem Program” throughout the Florida Statutes.
 2964         Section 60. This act shall take effect July 1, 2024.