Senate Bill sb0288c1
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    Florida Senate - 2002                            CS for SB 288
    By the Committee on Judiciary; and Senator Campbell
    308-2017-02
  1                      A bill to be entitled
  2         An act relating to children; amending s.
  3         39.013, F.S.; providing that time limitations
  4         under ch. 39, F.S., do not include continuances
  5         requested by any party; providing limitations
  6         on continuances; amending s. 39.402, F.S.;
  7         providing that time limitations governing
  8         placement of a child in a shelter do not
  9         include continuances requested by any party;
10         providing limitations on continuances; amending
11         s. 39.506, F.S.; eliminating the requirement
12         for a court's continued review of a child's
13         placement in a shelter; providing an effective
14         date.
15
16  Be It Enacted by the Legislature of the State of Florida:
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18         Section 1.  Subsection (10) of section 39.013, Florida
19  Statutes, is amended to read:
20         39.013  Procedures and jurisdiction; right to
21  counsel.--
22         (10)  The time limitations in this chapter do not
23  include:
24         (a)  Periods of delay resulting from a continuance
25  granted at the request or with the consent of the child's
26  counsel or the child's guardian ad litem, if one has been
27  appointed by the court, or, if the child is of sufficient
28  capacity to express reasonable consent, at the request or with
29  the consent of the child.
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    Florida Senate - 2002                            CS for SB 288
    308-2017-02
  1         (b)  Periods of delay resulting from a continuance
  2  granted at the request of any party the attorney for the
  3  department or petitioner, if the continuance is granted:
  4         1.  Because of an unavailability of evidence material
  5  to the case when the requesting party attorney for the
  6  department or petitioner has exercised due diligence to obtain
  7  such evidence and there are substantial grounds to believe
  8  that such evidence will be available within 30 days. However,
  9  if the requesting party department or petitioner is not
10  prepared to proceed present its case within 30 days, any other
11  party, inclusive of the parent or legal custodian, the parent
12  may move for issuance of an order to show cause or the court
13  on its own motion may impose appropriate sanctions, which may
14  include dismissal of the petition.
15         2.  To allow the requesting party attorney for the
16  department or petitioner additional time to prepare the case
17  and additional time is justified because of an exceptional
18  circumstance.
19         (c)  Reasonable periods of delay necessary to
20  accomplish notice of the hearing to the child's parent or
21  legal custodian parents; however, the petitioner shall
22  continue regular efforts to provide notice to the parents
23  during such periods of delay.
24         (d)  Reasonable periods of delay resulting from a
25  continuance granted at the request of the parent or legal
26  custodian of a subject child.
27         (e)  Notwithstanding the foregoing, continuances and
28  extensions of time are limited to the number of days
29  absolutely necessary to complete a necessary task in order to
30  preserve the rights of a party or the best interests of a
31  child. Time is of the essence for the best interests of
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    Florida Senate - 2002                            CS for SB 288
    308-2017-02
  1  dependent children in conducting dependency proceedings in
  2  accordance with the time limitations set forth in this
  3  chapter. Time limitations are a right of the child which may
  4  not be waived, extended, or continued at the request of any
  5  party in advance of the particular circumstances or need
  6  arising upon which delay of the proceedings may be warranted.
  7         (f)  Continuances or extensions of time may not total
  8  more than 60 days for all parties within any 12-month period
  9  during proceedings under this chapter. A continuance or
10  extension of time beyond the 60 days may be granted only for
11  extraordinary circumstances necessary to preserve the
12  constitutional rights of a party or when substantial evidence
13  demonstrates that the child's best interests will be
14  affirmatively harmed without the granting of a continuance or
15  extension of time.
16         Section 2.  Subsections (14) and (16) of section
17  39.402, Florida Statutes, are amended to read:
18         39.402  Placement in a shelter.--
19         (14)  The time limitations in this section do not
20  include:
21         (a)  Periods of delay resulting from a continuance
22  granted at the request or with the consent of the child's
23  counsel or the child's guardian ad litem, if one has been
24  appointed by the court, or, if the child is of sufficient
25  capacity to express reasonable consent, at the request or with
26  the consent of the child's attorney or the child's guardian ad
27  litem, if one has been appointed by the court, and the child.
28         (b)  Periods of delay resulting from a continuance
29  granted at the request of any party the attorney for the
30  department, if the continuance is granted:
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    Florida Senate - 2002                            CS for SB 288
    308-2017-02
  1         1.  Because of an unavailability of evidence material
  2  to the case when the requesting party attorney for the
  3  department has exercised due diligence to obtain such evidence
  4  and there are substantial grounds to believe that such
  5  evidence will be available within 30 days. However, if the
  6  requesting party department is not prepared to proceed present
  7  its case within 30 days, any other party, inclusive of the
  8  parent or legal custodian, may move for issuance of an order
  9  to show cause or the court on its own motion may impose
10  appropriate sanctions, which may include dismissal of the
11  petition.
12         2.  To allow the requesting party attorney for the
13  department additional time to prepare the case and additional
14  time is justified because of an exceptional circumstance.
15         (c)  Reasonable periods of delay necessary to
16  accomplish notice of the hearing to the child's parents or
17  legal custodians; however, the petitioner shall continue
18  regular efforts to provide notice to the parents or legal
19  custodians during such periods of delay.
20         (d)  Reasonable periods of delay resulting from a
21  continuance granted at the request of the parent or legal
22  custodian of a subject child.
23         (e)  Notwithstanding the foregoing, continuances and
24  extensions of time are limited to the number of days
25  absolutely necessary to complete a necessary task in order to
26  preserve the rights of a party or the best interests of a
27  child. Time is of the essence for the best interests of
28  dependent children in conducting dependency proceedings in
29  accordance with the time limitations set forth in this
30  chapter. Time limitations are a right of the child which may
31  not be waived, extended, or continued at the request of any
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    Florida Senate - 2002                            CS for SB 288
    308-2017-02
  1  party in advance of the particular circumstances or need
  2  arising upon which delay of the proceedings may be warranted.
  3         (f)  Continuances or extensions of time may not total
  4  more than 60 days for all parties within any 12-month period
  5  during proceedings under this chapter. A continuance or
  6  extension beyond the 60 days may be granted only for
  7  extraordinary circumstances necessary to preserve the
  8  constitutional rights of a party or when substantial evidence
  9  demonstrates that the child's best interests will be
10  affirmatively harmed without the granting of a continuance or
11  extension of time.
12         (16)  At the conclusion of a shelter hearing, the court
13  shall notify all parties in writing of the next scheduled
14  hearing to review the shelter placement. Such hearing shall be
15  held no later than 30 days after placement of the child in
16  shelter status, in conjunction with the arraignment hearing,
17  and at such times as are otherwise provided by law or
18  determined by the court to be necessary and every 15 days
19  thereafter until the child is released from shelter status.
20         Section 3.  Subsection (8) of section 39.506, Florida
21  Statutes, is amended to read:
22         39.506  Arraignment hearings.--
23         (8)  At the arraignment hearing, and no more than every
24  15 days thereafter until the child is returned home or a
25  disposition hearing has been conducted, the court shall review
26  the necessity for the child's continued placement in the
27  shelter. The court shall also make a written determination
28  regarding the child's continued placement in shelter within 24
29  hours after any violation of the time requirements for the
30  filing of a petition or prior to the court's granting any
31  continuance as specified in subsection (5).
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    Florida Senate - 2002                            CS for SB 288
    308-2017-02
  1         Section 4.  This act shall take effect July 1, 2002.
  2
  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 288
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  6       --     Reinstates existing statutory language regarding
                case plan requirements;
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         --     Clarifies that continuances or extensions of time
  8              in chapter 39, F.S., proceedings may not exceed 60
                days cumulatively within any 12-month period.
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