Florida Senate - 2025                                     SB 376
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00929-25                                             2025376__
    1                        A bill to be entitled                      
    2         An act relating to guardians ad litem; amending s.
    3         61.403, F.S.; authorizing a court to consider certain
    4         information provided by a guardian ad litem; providing
    5         an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (5) of section 61.403, Florida
   10  Statutes, is amended to read:
   11         61.403 Guardians ad litem; powers and authority.—A guardian
   12  ad litem when appointed shall act as next friend of the child,
   13  investigator or evaluator, not as attorney or advocate but shall
   14  act in the child’s best interest. A guardian ad litem shall have
   15  the powers, privileges, and responsibilities to the extent
   16  necessary to advance the best interest of the child, including,
   17  but not limited to, the following:
   18         (5) The guardian ad litem may address the court and make
   19  written or oral recommendations to the court. The guardian ad
   20  litem shall file a written report which may include
   21  recommendations and a statement of the wishes of the child. The
   22  report must be filed and served on all parties at least 20 days
   23  prior to the hearing at which it will be presented unless the
   24  court waives such time limit. The guardian ad litem must be
   25  provided with copies of all pleadings, notices, and other
   26  documents filed in the action and is entitled to reasonable
   27  notice before any action affecting the child is taken by either
   28  of the parties, their counsel, or the court. The court may
   29  consider the information contained in the guardian ad litem’s
   30  report and testimony in making decisions, and the technical
   31  rules of evidence do not exclude the report or testimony from
   32  consideration.
   33         Section 2. This act shall take effect July 1, 2025.